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HomeMy WebLinkAbout0932 . • ' page 3 of y (3c) Notwithstanding the foregoing, the t40RTGAGEE'S ~ obligation to make the payment of principal and interest as and when due under the prior mortgage is conditioned upon the followittg (i.) The MORTGAGORS shall not be in default under this mortgage; (ii) The ?iORTGAGORS shall comply with all of ~ the ~erms, and provisions of the prior mortgage other than with respect to the payment of principal and interest due. ~ (3d) The MORTGAGEE does not assume any of the obligations of the DSORTGAGORS under the prior mortgage except as provided above with respect to payments of principal and interest. (4) The MORTGAGORS agree to pay to the i~ORTGAGEE any sums required to be paid to the holder of the prior mortgage(other than payments of principal and interest under the mortgage) at least twenty(20) days prior to the last day under the mortgage that those payments may be made without cons~ituting a default, and the MORTGAGEE agrees to rernit promptly those sums so paid to the MORTGAGEE by the MORTGAGORS to the holder ~of the prior mortgage in payment of the sums due under the mortgage. (5) If' the unpaid principal balance of the prior mortgage is ' redu'ced by the holder of the mortgage applying insurance I proceeds in its reductian or by prepayments made by the ~ MORTGAGORS with the prior written consent of the MORTGAGEE so that the MORTGAGEE'S obligation to pay to the holder:of the prior mortgage the un~aid prineigal balance of the mortgage as above provided is similarly ~educed, then the MORTGAGEE_ a~rees that the MORT~AGORS~;.obliga~ion to pay the total indebtedness to the MORTGAGEE shalZ be redueed likewise by an equival.ent amount; the equivalent amount is to be deducted from the final payment to be made by the MORTGAGORS to the riORTGAGEE, in the inverse order bf its due date. (6) If the MORTGAGEE shall default in making any requlred payments of principal or interest under the prior mortgage; the MORTGAGORS shall have the right to advance the funds - necessary to cure that default and all funds so advanced by the MORTGAGOR, together with interest at the rate of 15~ per annum sha11 be credited against the next installment(s) of interest and p+rincipal due under the note secured by this mortgage. (7) The MORTGAGORS shall have the right to prep ay the whole or any part of the unpaid balance of the indebtedness under this mortgage at any time on thirty(30) days~ notice without penalty under this mortgage.'If the MORTGAGORS prepays the whole of the i unpaid balanee, the ?~ORTGAGEE sha11 remit to the prior mortgagee out of the prepayment funds the unamortized principal balance of the prior_mortgage, together with accrued interest, provided that the MORTGAGORS shall pay any and all prepayment penalties ~ or charges required by the~prior MORTGAGEE for prepayment of the prior mortgage. Any partial prepayment shall be applied against # the sums last payable under this mortgage, and if the amount prepaid exceeds the amount determined by subtracting the ~hen ~ unpaid principal under this mortgage, then that excess amount shall be remitted to the prior mor~gagee by the MORTGAGEE,. provided that the MORTGAGORS shall pay any and all prepayment penalt~es or charges required by the prior MORTGAGEE for prepayment of the, prior mortgage . (9) The MORTQAGORS and the MORTGAGEE covenant and agree not to enter into any agr~ement with the holder of ~he prior mortgage modifying or amending any of the provisions de aling with payments of pr3ncipal or interest under the prior mortgage without the prior written consent of the other. (lp)Notwithstanding, the above stated right of pre-payment:, the within mortgage & note can not be paid-off in full until 1 October .1, 19g2 except that permission is given to pay~up to an extra $4,200:00 per year in principal. ~ ocr ae :r~ o R 850'754 eoox~59 ~acE 932 f u~ as t;~xr~i ~o~ t~ER s - -