Common use of Right to Reinstate Clause in Contracts

Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to a breach, Borrowers and Accommodation Parties shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein or the entry of a judgment enforcing this Mortgage if Borrowers or Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the Lender's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the Lender's interest in the Mortgaged Property, and Borrowers’ obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall remain in full force and effect as if no acceleration had occurred.

Appears in 3 contracts

Samples: Mortgage, Rehabilitation Loan Program Mortgage, Mortgage

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Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to a breach, Borrowers and Accommodation Parties shall will have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein in this Mortgage or the entry of a judgment enforcing this Mortgage if Borrowers or Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the Lender's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the Lender's interest in the Mortgaged Property, and Borrowers’ obligation to pay the sums secured by this Mortgage shall will continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall by this Mortgage will remain in full force and effect as if no acceleration had occurred.

Appears in 2 contracts

Samples: Mortgage, Mortgage

Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to a breach, Borrowers and Accommodation Parties shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein or the entry of a judgment enforcing this Mortgage if Borrowers or and Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the Lender's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the Lender's interest in the Mortgaged Property, and Borrowers’ obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to a breach, the Borrowers and the Accommodation Parties shall will have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein in this Mortgage or the entry of a judgment enforcing this Mortgage if the Borrowers or the Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the LenderXxxxxx's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the Lender's interest in the Mortgaged Property, and the Borrowers’ obligation to pay the sums secured by this Mortgage shall will continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall by this Mortgage will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Rehabilitation Loan Mortgage

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Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to a breach, the Borrowers and Accommodation Parties shall will have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein in this Mortgage or the entry of a judgment enforcing this Mortgage if the Borrowers or the Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the Lender's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the Lender's interest in the Mortgaged Property, and the Borrowers’ obligation to pay the sums secured by this Mortgage shall will continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall by this Mortgage will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

Right to Reinstate. Notwithstanding the LenderXxxxxx's acceleration of the sums secured by this Mortgage due to a breach, Borrowers and Accommodation Parties shall will have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of the sale of the Mortgaged Property pursuant to the power of sale contained herein in this Mortgage or the entry of a judgment enforcing this Mortgage if Borrowers or Accommodation Parties (i) pay to the Lender all sums constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceeding under this Mortgage, (ii) cure all breaches of any other covenants or agreements contained in this Mortgage, (iii) pay all reasonable expenses incurred by the Lender in enforcing the covenants and agreements contained in this Mortgage and in enforcing the Lender's remedies as provided in Section 18 hereinabove including, but not limited to, reasonable attorneys' fees, and (iv) take such action as the Lender may reasonably require to assure that the lien created by this Mortgage, the LenderXxxxxx's interest in the Mortgaged Property, and Borrowers’ obligation to pay the sums secured by this Mortgage shall will continue unimpaired. Upon such payment and cure this Mortgage and the obligation secured hereby shall by this Mortgage will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

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