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HomeMy WebLinkAbout1890 ` ` Y ~ prior to entry of a judgment enforcing this Mortgage If: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrowercontained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by lender in enforcing the Covenants and_agreem@nts of Borrower contained in this Mortgage and in enforcing tenders remedies as provided In paragraph 18 hereof, including, but not limited to, reasonable attorneys fees; and (d) Borrower takes such action as tender may seasonably require to assure that the lien of this Mortgage, Lenders irr terest in the Property and Borrowers obligation to pay the slims secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Assl~ninont of Rents; Appofnlmtant qt R~h?or. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandon- ment of the Property, have the right to collect and retain such rents as they become due and payable. - Upon acceleration under paragraph 18 hereof or abandonment of the Property, tender shall :~e entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's tees, premiums on receivers bonds and reasonable attorneys tees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. Futurr+AdvancN: Upon request by Borrower, Lender, at tenders option within twentyyears from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured bythis Mortgage, not incltxfing sums advanced in accordance herewith to protect the t NOiVE--------------- security of this Mortgage, exceed .he original amount of the Note plus US$ 22. Rsleasa. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without~charge to Borrower. Borrower shall pay all costs of recordation, it any. 23. Attomsy'rs FNS. As used in this Mortgage and in the Note, "attorney s tees" shall include attorneys fees. if any. which may be awarded by an appellate court IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the pres ce~of; ~ ~ (SeaA Frank, ~a SETH F . T IMSK i 1 / ---.,1 ~ ~ ~ c Maur .Lanza e S Y ~ (Seat) GE A LD R. BO LE (Seal) BARBARA A. B • STATE OF ix~yiQ~ CONNECTICUT FAIRFIELD .County ss: rREENWICH I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared JOSERH F. TYAfINSKI AkU SHIRLEY A. 7YMI~lSKI. HIS WIFE as to an undivided 2 interest ~.nd GERALD R. BOYI.E and BARBARA A, BOYLE, his wife as to an undivided a interest to me known to be the personis) described in and who executed the foregoing instrument and acknowledged before me that Borrower executed the same for the purpose therein expressed. 15th WITNESS my hand and official seat in the county and state aforesaid this day of April . ~ 9 8U . - ~ . • My Commission expires: - _ iSeary .Notary Publi ~ ~ - ~Y ~o,~t,:~~s~,ov fx7tKi,S~~lPjtt mod, t4t)1 _ - ~ . V ~ `l iSpace Below This Line Reserved for Lender and Recorder) , ~c~ ~p ' Et!~K~~ PAGE~vOS A-3098 6/79