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Home My WebLink About0965 ~ . • • Nort•UN~FORt?~ CovEN~t~s Borrower and Lender further covenant and agrec as fotlows: 19. Acceleratt~,r; °x=:= Q':~ i~~'~!'~ sl~all ai~e notice to 8o~roMet prior ro acceteration follo~ing Borrower's ~ breach ot any co~enant o~ tEpreement in tbis Secu~ity Instrument tbut not prior to Arceleration under p~ragraphs 13 and 17 ~ unless appfic~ble IaM provida othec~+isel. The notice shall spectfy: (s) the defsuit; (b1 the action ~equired to cure the i default; (c) a date, not Icss than 30 dsys k,om the date tbe noHce is given to 8orrower~ by Nhich the default must be cured; £ and (d) th~t fwilure to cure the det~ult on or before the date speciRed in the notice may result in accelention of the sums secured by this Security Instrument, toreclosure b~~ judicial proceeding and sale of the Propeny. The notice shall tu~ther : info~m Borrower of ihe ~ight to retnstate stter accele~s~tion and the ~ight to assert in the tureciosure proceeding the non• existenca of a det~uit or any other defense ot Horrowsr to acceleration and foreclosure. lf the de(ault is not cured oe or :y before the date specilied in t6s notice, Lender at its optio~ m~y require immediate payment in tull of all sums s4cured by , tbis Security Instrument wit6out turther demand and may toreclose this Security Instrument by judicial procerding. ~ I.ender shall be e~titled to collt~ct all expenses [neurred in punuing the remedies provided in t6is paragraph 19, including, < but~not limited to, reasonable attorneys' tces and costs ot titie e~idence. ~ 20. L,ender ta Possession. U~.,:~ ~c~ektAtinn t,nder paragraph 19 or abandonment of the Property. Lcnder (by - judicially appointed receivtr) shall be entitled to ent~r upon, take posscss?on of and manage thc Proptrty and to collect the ~ rents of the Prop~rty including thos~ past due. Any rents collccted by Lender or the receiver shall be apptied first to ~ payment of the costs of management of the Property and collection of rents, incluciing, 5ut not limited to. receiver's fea, ~ premiums on receiv~r s bonds and reasonable attorneys' fees, and then to the sums secured by this Secunty Instrument. ' ~ 21. Retease. Upon payment of ali sums ucured by this Security lnstrument, Lender shall release this Security ~ Instrument without charge to Borrower. Borrower shall pay any recordation costs. ; 22. Attorneys' Fea. As used in this Sacurity Instrument and the Note, "attorn~ys' kes" shall include any attorneys' ; fees awardcd by an appellate court. ~ 23. Riders to thls Security Iastrument. lf one or more riders are ex~cuted by 8orrower and recorded together with t this Security Instrumtnt. the covenants and agraements of each such rider shall be incorporated into and shsll amend and ~ supplement the covenants and agreements ot this Socurity Instrument as if the rider(s) were a part of this Security i instrument. [Chcck appticable boa(es)j ~ Adjustable Rate Rider [j~Condominium Rider [j 2-4 Family Rider ~ . ~ []~Graduated Payment Rider ? Plannod Unit Developmcnt Rid~r ~ Other(s) [specify~ ASSl3MPTI0N RIDER f ~ i s ~ ~ ~ Bv SIGNtNG BEtow. Borrower accepts and agrets to the tenns and covenants contained in this Security ~ Instrument and in any rider(s) e~ocutod by Borrower and recorded with it. ~ . Sign sealed and ' red ~ th praence of: % G~ a~~C~~ s . ~!1 ~f . . ~ . ` .cs~~> ~ . . . . . . S~AMtJII.~ C. ~ ~ -~Of~' ' ~ . ~,L l.~ /1 ~ l''"~ ...................................(Scal) i . . . n(31225 HY'~'n~[. . _ _ _ -Bor.w.r• ,i ST~Te oF NEW YORK ~~J ~,J~~'~"~`~ounty ss: I I hereby certify that on this day, bctore mc, an officer duly authoriud in the state aforesaid and in the county i ~ aforetaid to take acknowledgements, personally appeared ~ SAMUEL C. TOTH, joined by his wife, DOROTHY TOTH , to me krtown to be the person(s) described in and who executed the toregoing instrumcnt and acicnowledgcd before me that they executcd thc same for the purpose th~rein c xprcsscd. Wist~ESS my hand ~nd official seal in the county and state aforesaid this 6th day o[ ! January ,19 88 My Commission expires: ~ 1 ~ NORSIy YbIK ~ ~1 SLqDE NOTARY ?UALl~. Ft?fr ot y Y larn.-, •'Y Gt~rL~i:sion E~pi?t> Hai_~:r.ke; l~ soo~ 571 PAGE 964