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HomeMy WebLinkAbout1855 . , • . ~ ~ . ` ~ • • reasonable attorney's fees; and (dl takes s~~ch action as lend2r rnay rea5onably requ~re to assure that the t+en uf 1n~s S~~cunty Instrumern, Lender's nghts ~n the Property and Bonower's obl~gauon to pay the sums secured by tr~s Securdy Instrun,ene shau cont~nue unchanged UFon re~nstatement by Borrower, lhis Secunty Instrument and the obligations secured hereby shali ren~a~n tuly eitect~ve as ~f no accelerat~on had occurred However, this nght to reinstate shalt not apply ~n the case ~f accelerat~on under ~ r- paragraphs 13 oi 17. 'z NON-UNtfORM COVENANTS. Barower and Lender further covenant and agrae as foliows ~ 19. AceN~rNlon: R~m~dl~s. lender shall give notice to Borrower pnor to acce~erat~on follow~ng Barower's breach ot ~ any covenant or agreement in this Secur;ty Instrument (but not pr~or to accelerat~on under paiagraphs 13 and t 7 uniess appl~cab~e ~ ~ law prov~des othe?wise) The notice shall specity: {a) the defautk (b) Ihe action required to cure the default; (c) a date. not less than ~ 30 days from the date the notice ~s g~ven to Borrower, by wh~ch the deiault must be cured, and ~ d) that fa~.ure to cure the deta~it an or t=- before the date spec~tied ~n the nat~ce may resun in acceleration ot the sums secured by th~s Security I nsirumern. foreclosure by Z ~udicial proceeding and sale of the Property. The not~ce shalt furtner ~nfarm Borrower ot thenght tore~nstate atter acceterat~on and g the rght to assert ~n the foreclosure proceed~ng the non-ex~stence of a default or any other detense ot Borrowec to acceleraf+on and ~ foreclosure. If the default is not cured on or before the date spec~hed ~n the notice. Lender at Rs opt~on may requ~re immed;ate ¢ payment In full of all sums secured by th~s Security Instrument without further demand and may torecfose this Secunty Instrument ~ by Jud~cial proceed~ng Lender shal? be enhtled to collect ail expenses inc~rred m pursuing theremed~es prov~ded m th~s paragraph ~ t9. inctud~ng, but not limited to, reasonable attorneys' fees and costs of t~tie evidence ~ 2Q. L~nder in Poss~aslon. Upon acceleration under paragraph 19 or abandonmenl of the Property. lender (by ~ud~c~aliy appo~nted rece~ver) shalt be ent~tted to enter upon, take possessbn ~t and rnanage the Prope?ty and to collect the ~ents of the Property including those past due Any rents catlected by Lender o~ Ihe recerver sha11 be appt~ed f~rst to paymeni ot the costs of management of the Property and collection ot rents. includ~ng. but not I,m~tedto. reCe~ver's (ees, premwms on rece~ver's bonds and reasonable attorneys' fees. and then to the sums secured by this Secunry Instrument 21. Rtlease. Upon payment o} all sums secured by this Secunty Ir,slrument. Lender shall release this Secur~ty Instrument w~thout charge to Borrower Borrower shall pay any recordat~on costs 22. Attorneys' Fees. As used m this Secuniy Instrument and the Note attaneys' fees" shall ~nclude any attorneys fees awarded by an appellate Court 23. Riders to thls Security Instrument. If one or more riders are executed by Borrower and reco?ded logether w~th th~s Secunty InstrumenS. the covenants and agreements of each such nder shall be ~ncorporated into and shaR amend and supplement the covenants and agreements ot th~s Secuniy Instrument as ii the rider(s) were a part oi ih~s Secunty Inshument [Check app6cable box(es)1 [~Adjustable Rate Rider Q Condomirnum Rider ~ 1-4 Famdy Rider ~ Graduated Payment Rider O Planned Un~t Development R~der ~ Other(s) jspec~fy~ BY SIGNING BELOW. Borrower accepts and agrees to theterms andcovenants conta~ne m this Security Instrument and in any nder(s) executed by Borrower and recorded w~th d ~ ~ (Sea~) ~ J._ RTIEi~~ - e«~~ S~gn sealed and del~vered ~n the presence of ~ " t~a~) ~ ` MARILYN M. I~4~IITZ ~°`~°"e` ~ (Seal1 -ea~ow~ ~ i' ~ -Wl SS- ` (Seai) tness- -eoro"~' ~ STATE OF~I~X, 1~V Y~RK ~t"1 ~S Counry ss: ~ I hereby certify that on this day, before me, an ofticer du~y autho~ized m the state aforesaid ar?d in the county atoresaid ~ .to take acknowtedgements, personally appeared -T u^°~'~ M -K~l~sal.tZ, ~ is wife , to me known to be the person(s) described in and who executed the ~ forego~ng instrument and acknowledge before me that t~~t executed the same for the purpose there~n expressed. ~ Q ~ WITNESS my hand and official se~t i~ the county and state aforesaid this~ day of g .7arniarv ,19 9Qi. ~ r ` My Commission Expires: ~l ~ ~C~~ • ~ ~ i ~ PATR1CiA L. ~ HHYo~ SIGNATURE GUARANTEE~ Notery P(ibM~. SLte of ~N~+ N°`aryP"°`` Nv. a~2i~o IRE OF AMERI FSA Quaar~a ~n a,cch c c~r ~ ~omrrriss~on Expins ? 3~0 ~ . a9az~e Rs. .ks~ • es t~ PC ~ BooN V7~ PaCE~.Q~S _ _ - - - - - ~ _ . f~~ _ ~ - ~