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HomeMy WebLinkAbout1498 ~ - -s. - - . ~ ~I prior to entry of a judarneat eafoming this Mortgage it: (a) Borrower pay: Lender all sums which would be then due under this Mortgage. the Note and notes :ocarina Future Advances, it any, had no aooeleradon occurred: (b) Horrarer cure all breaches of say other ooverunt: or agreamentt of Borrower cootained in thu Mortgage: (c) Borrower pays all reasonable expanses inrtned by Leorkr in saforcing the oovenartts and aaraments of Borrower contained in this Mortgage and in enforcing Lender's remedies at provided in paragraph 18 hereof. including, but not limited to. reasonable attotTaey"s Lees: and (d) Borrower takes such action a. L~eoder may reasonably require to ss:um that the lien of this Mortgage, L.errder's interest in the Property sad Borrower's obligation to pay the sum: secured by this Mortgage :hall vontinue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obliptions secured hereby shall remain in full force sad elted a if no aooekation had oocurrod. . 2t. AsrigBasnt o[ Reabl AMoints~selst of Rtreiver. As additional security hereunder. Borrower hereby assigns to Lenrkr the rents of the Property. provided that Borrower shall, prior to aoakration under paragraph 18 hereof or sbandon- ment of the Property. have the right to collect and retain such rents a they become due sad payable. Upon aoaleetation under paragraph 18 hereof or abandonment of the Property, Lender shall be 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 these pat due. All rents rnlkcted by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents. including. but nor limited to, receiver's fees, premiums on receiver's bonds and rrasooabk attorney's tea, and then to the sums sxured by this Mortgage. 'Ilre rooeiver shall be liable to account only for those real: actually received. 21. Frts+re Ai~ces. 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 aeoordanoe herewith to protect the security of thk Mortgage, eicooed the original amount of the Notes plus USS...-'~-"'---"'~'. 22. Relase. Upgn payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay aU coats of rernrdation. if any. 23. Atfor.ey"s Fees. As usod in this Mongage and in the Note. "attorney's fees" shall include attorney's fees, it any, which may be awarded by an appellate court. IN Wt?NESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the Dresenee ot: r r ' ,~G~ . ..................(Seal) Brian McCormack -e_arower _ ~ - Q-~y Jo ne McCormack -a«~ow« STATE OF ~ ......Nevi .York .~,(yy/~f ~l ' i I hereby certify that on this day, before me, an officer duly horizod in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared.. Brfan.McCormack, and JoAnne l?:cCormack, . . ~ his wife to me known to be the.pcrson(s) described in and who executed the foregoing instrument and acknowledged before me that.. t#!eY .......executed the same for the purpose therein expressed. ~ WITNESS my hand and o~cial seat in the county and state aforesaid this......... 24th , , , , , , , , , ,may ~ ...~Ptt']~~ 19~A..... i~ l ~`'~'~oti Cxpsres: C - 4i S..IL~f' t~ublk • Tack '?Ras ~w~,.,sa±N k- (SipeOf Below This LiM Rsseewd Fw L.a~der end ReootO~p 3 E!`~ R ~ i k . a~342 ~~1497 a