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HomeMy WebLinkAbout0559 _ . , , ~ . ~ i prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays'Lender all wms which would be then due under this Mortgage, the Note and note securing Future Advances. it any. had no aoakration occurred; (b) HorraMer cures ~ all breaches of any other covenants or agreements of Borrower contained is the Mortgage; (c) Borrower pays all neasoaabie ~ expenses incurred by Leader in enforcing the eovenagts and agreements of Botr+ower ooatainod is this Mortgage gad is ~ enforcing Lender's remedies as provided in paragraph l8 hetmf, including. but not limited to, reasoaabk attorney`s foes: and (d) Borrower takes such action as Lender may reasonably rtquire to assure that the lirn of this Mortgage, Latder~a interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage :hall continue unimpaired. Upon sttdt payment and cure by Borrower, this Mortgage and the obligatiora secured hereby shall remain is fuN force and dhct as if no acceleration had occurred. } 20. Asalgsmest of Rests; Appoiatwcst of Receiver. 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 a abandon- c meat of the P ~ roperty, have the right to collect and retain such rents at they become due gad payable. Upon acceleration under paragraph 18 htreof or abandonment of the Property. Lender shag be entitled to Gave a receivtr appointed by a court to enter upon. take possession of and manage the Property and to collect the rests of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of tbt costs of management of the Property and collection of rents, including, but not limited to. receiver's fees. premiums on receiver's - ( bonds and reasonable attorney's foes, and then to the sums cleated by this Mortgage. The receiver shall be liable to atxaunt only for those rents actually received. 21. F>tture Adrasccs. Upon request by Borrower, Lender, at Lender's option within twenty years flora the date of Ibis 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 art secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advarroed in aooordanoe herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS"". j Z2. Rekaae. Upon payment of all sums secured by this Mortgage, Lender shall rrkaso- this Mortgage without charge to Borrower. Borrower shall pay all coats of recordation. if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's foes" shall include attorney's fee. if gay. ~ which may be awarded by an appellate court. ,...r- IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered ~ in the presence of: ` _ ....(Sal) l t!. - Sal). Le for R . Harrington ~Of°"' 1 / / / / ~ st AKA- f_esj`pl, 4arrington STATE OF I'~dR10M, New ,York. (...J.2!~.. ~Cj Y n -t I hereby certify that on this day, before m~, an officer ly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared... ore E..Murrell,an_ tuamarried • ~t~ , € Lester R. Harrington, an unmarried, to me known tc~~e the person(s) described in and who executed the ~ foregoing instrument and acknowledged before me that....... cy....cxecuted the same for the purpose therein ~ i expressed. 11~(trN~e~n~ hand and official seal in the county and state aforesaid this.... 5th • . _ • . • day ~ ......ep..... r ..................19....... My Commission expires: . . ' ~t~'/.' r!s!. . „~tilii/t{,i~~, 1y~~anc ~ i ~ N PnDhc. Sore of tMear Yart s ~ ~ QuaufiEd m ELK Co~rYr / • ~ F- : ~ wY Comin~sswn Gpaes Mirul 30, 14L. . tM,± N~ < _ , ~ _ ' i_ ~ ' (Space Below This fins Resarvsd Foy ItrWar and Raootdeh l~~o e~j -7 os F•i[r e?M ~rc~~~:: c ROGEF P01TR..5 CLfFtli CSRCJl' C'_':x ~ ~ . [r~rx~: ti'F F3~ ~1 " _ - ; - SOil~r~ ~ ~ ~~3 - ~ • 800K ~ PAGE - ' _ ~ - - - F: