Loading...
HomeMy WebLinkAbout1118 ; ~ , s{ i - ~ prior to entry of a judgment enforcing this Mortgage it: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, it any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof. including, but not limited to, reasonable attorney's tees; and (d) Borrower takes such action sa Lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and Borrower s obligation to pay the sums 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 sad effect as it no acceleration had oceurred. T0. Asslgaweat of Reatr, AppoiNateat of Receiver. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under puagraph 18 heroof 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. Lender shall be entitled to have a receiver appointed by a ~rourt 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 coats of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receivers bonds and reasonable attorney's fees. and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. Tl. 1Fsiture Ad~aacss. Upon request by Borrower, Lender. at Lender's option within twenty years 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 by this Mortgage, not including sums advanced in accordance herewith to protect the_ security of this Mortgage. exceed the original amount of the Note plus USS."""""""""""' 22. Release. 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, if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's foes" shall include attoCrney's fees. if any. which may be awarded by an appellate court. 502549 • IN WITNESS WHEREOF, Borrower has executed this Mortgage. 19£0 OCT -8 AK I~: SS Signed, sealed and delivered cttfC ehC a: Cpq(iFp in the presence of: S ROGER PO ?i7A5 - ~CIERK CIFCUIT COL'RI rte.. ~ 1 i S-.~..~i..~.t , .'E ~ ~.~~-.....L~Cal) Harold L. Mc Coy ~ ~i01N" ~TZa, ~ ~.t:i. .(Seal) . ~ --aa~.~.. Norine M. !1c Coy „ • d STATE OF~II~J}NA, ........yeW. YQrIC . 1..~I,~ y ~ • • • • •Q~t~ ss: 7 ' I hereby certify that on this day, before rte, an officer d authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared..Harol d L.. •Ne. Cay..and. Nat:i.ne.M.. f1o .Coy,. . b i s. a,r i. f e • • • - • • • • • • • • • • • • • • • • • • • • • • • , to me known to be the person(s) described in and who executed the 'I foregoing instrument and acknowledged before me that.... tht=x .....executed the same for the purpose therein f expressed. ` WITNESS my hand and o@'icial seal in the county and state aforesaid this..........5tb...........day of S?eptetnber 19..80. • / ~ ~ My Commission expires: 'r ~ i ' [sw0 Rotary Pub~ie ~ IMTHlEt7'1 H. HUM ~ Fudie. st•e a ttwttrR Ow,t~ra b tiwW+ ~+e4? ty Oossruisa E~ !4~ t141l.~ ' . STATE OF NEW YORK, t ~ ~~pppa County Clerk d the Catoty of Ni may. County ~ Niagara, ` Clerk of the Sapreme and County Courts in and for said County do That :aid Courts are Courts of Record, having dry Lw a seal. That whose name b subscss ibed to the d~pos~oo, oeriiBcaM of» ~ar of the annezad instrument, was at the time of taking the same a N ARY LIC $ in and foe the State of Nei York duly oanmissioaed and sworn send gnsai9ed m sot a such the State of New York; that pursuant to law a oomarisdao. or a certi8cate~ of sad gnaliBc:atiam. and. his autogiaph sigmtnre. have bean 81ed in my ~mas such NOTARY PUBLIC he was my authorised by the Lwvs of the State of New York to administer oath: sad aRrmations, to reodve sad certify the or proof of deed:. mortpgges. powers of attornef' and other written instrruoe~ for lands, tenements and hereditameab to he read m evidence or recorded in this State. to retest notes and to take sad certify aRdavits and lions; and that I am weU acquainted with the handwzitins of soc~h . pUB~~Ca~ ~ compared the si~oatun on the annexed indrwmeaR with led in my oilic~e. and -believe that tLs d~pnhus is S' alt ~itMtii ~trtOf. I have hereunto set my head and aRxed the seal of said Courts Lockport, in :std County, is CC 9• V ~ - J . day of ~ D., 19.~