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HomeMy WebLinkAbout0951 - - - - . - _ - prior to entry of a judgment enforciog ihis hiortgage if: (a) Borrower pays Ltnder ali sums which would be then d~ under this Mortgage, tht Note and nota securing Futu~e Advances, if any, had no acceler~tiun occu~red; (b) Borrower cures all brzaches of any other covenaots or agreemenls of Borrower cantaincd in this MonQage; (c) Borrower pays aii reawnabfe ezpenses incurred by I.ender in enlorcing ~he cove~ants and aQr~eements of Borrower contained in this Mortga~e tnd in enforcing [.ender's rem~ia as provid~d in paragraph i8 hereot, including, but not limited to, rtasonable attorney': fees; end td) Borrawe~ takes such actian as Lender may reasonably reyuire to assurc that the litn of this Mortga~e. Lender's intercst in ~he Propeny and Borrower's obligation to pay the sums secured by Ihis Mongage shall co~tinu~ unimpaircd. Upon auch payment and curc by Borrower, this Mortgage anti the obligations secured hereby shall remain m fuQ torce and e(f~tt as if no accelrration had occurrcd. 24. Assigoment ot Rents; Appalatment of Rertlver. As additional serurity hereunder. Borrower hereby assigns to Lender the rents of the Propeny: provided that Borrower shall, prior to acceieration under p3ragraph 18 hercof ~r abandon- ment uf the Property, havt the right to collect and retain such rcnts as they become due and payable. Upon arceleration under paragraph IS hereof or aban~onment of the Properiy, t.ender shall be entitled ta have a receiver appointed by a court to enter upon, take possessio~ of and manage the Property and to coliect the rents ot the ' - Prcperty, including those past due. All rents collected by the rcceiver shall be applied first to paymeni of the costs of management of ttie Propcrty and collection of rents, including, but not limited to, re.eiver's fees, premiums on rtceiver's ' bonds and rzasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account . only for those nnts actually received. 21. Futore Advnnces. Upon request by Borrower, l.cnder, at t_ender s option withir~ twenty years trom the date of this Mortgage, may make Fuwre Advances ~o Bormwer. Such Future Advances, with intereit thereon, shall lx secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time sh~ll the principa! ~ amount of the indebtedness secured by this Martgage, not including sums advanced in accordance hercwith to protect the security ot this Mortgage, exceed the original amount of th~ Note plus USS NONB ~ 22. Release. Upon payment of all sums secured by this Morigage, Lender shall rcleast this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. Attoroer's Fees. !~s used in this Mortgage an~d i~ the Note, "attorncy's fees" shatl inctude attoiney's fees, if any, u•hich may be awarded by an appellate court. ' IN WITNESS WHEREOF, Borrower has execu;ed this Mortgage. . - Signed, sealcd and delivered in the presence of: ~ ~..G.t ~'l c ~ VIIdCENT M. PETILLI ~Of°""' ~ ~ ~ . " ? ~ C~ ~ cs~~ THERESA A. PETILLI ~O"O'"" NEW YORR STATE OF ~ County ss: I hereby certify that on this day, before mc; an officer duly authorized in the state aforesaid and in the county . aforesaid to take acknowledgements, personally appeared VINCENT M. PETILLI ~ THERESA A. PETILLI, his wife , to me known to be the person(s) described in and who executed the foregoing instrumcnt and a~knowledgcd beforc me that they executed the same for the purpose therein expressed. W~rNESS my hand and offecial seal in the county and state aforesaid this 14th day~ of January , 19 82 ! My Commission expires: ? ~~al` 3 ~ [S~si) I; _ - _ ' . Notary Public ~ Nc. , . ~Y~zY ~ ~7~;m ex~ice3 I.i:.:ch 3`J, ly ^ip . ~ ~ ~ , ~ . ~ ~ (Spsc! Bibw TAis line R~servl0 FOr lend~r ar+d Racordlr) ' € ~ ~ i f f ~ i E f ~ ~ . ~ ~ t ~ ~ BQ~XJ~ PA6EJ.~.Y~ 8Q0K~~7 PAGfZ~z ~ ~ . , ~ . ~ g~372 P~~ 951 ~~-F~~