Common use of Xxxxxxxx’s Right to Reinstate Clause in Contracts

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower will have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower cures all breaches of any covenants or agreements of Borrower contained in this Mortgage; (b) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Xxxxxx's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorneys' fees; and (c) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's interest in the Property and Borrower's obligations secured by this Mortgage will continue unimpaired. Upon such cure by Xxxxxxxx, this Mortgage and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 3 contracts

Samples: Mortgage Agreement, Mortgage Agreement, Mortgage Agreement

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Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's ’s acceleration of the sums secured by this Mortgage due to Borrower's breachDeed of Trust, Borrower will have the right to have any proceedings begun by Lender to enforce this Mortgage Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a the judgment enforcing this Mortgage Deed of Trust if: (a1) Borrower cures pays Lender all breaches sums which would be then due under this Deed of any covenants or agreements of Borrower contained in this MortgageTrust and the Note, had no acceleration occurred; (b2) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this MortgageDeed of Trust, and in enforcing Xxxxxx's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorneys' fees; and (c3) Borrower takes such action as Lender may reasonably require to assure that the lien of this MortgageDeed of Trust, Xxxxxx's ’s interest in the Property and Borrower's obligations Xxxxxxxx’s obligation to pay the sums secured by this Mortgage will Deed of Trust shall continue unimpaired. Upon such payment and cure by XxxxxxxxBorrower, this Mortgage Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 2 contracts

Samples: Deed of Trust, Deed of Trust

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's acceleration of the sums secured by this Mortgage due to Borrower's breachIf Borrower meets certain conditions, Borrower will shall have the right to have any proceedings begun by Lender to enforce enforcement of this Mortgage discontinued at any time prior to the earlier of: (a) 5 days (or such period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in the Mortgage; or (b) entry of a judgment enforcing this Mortgage ifMortgage. Those conditions are that Borrower: (a) Borrower cures pays Lender all breaches of any covenants or agreements of Borrower contained in sums which then would be due under this MortgageMortgage and the Note as if no acceleration had occurred; (b) Borrower cures any default in any other covenants or agreements; (c) pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Xxxxxx's remedies as provided in paragraph 16 hereof, including, including but not limited to, reasonable attorneys' fees; and (cd) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's interest Lender’s rights in the Property and Borrower's obligations ’s obligation to pay the sums secured by this Mortgage will mortgage shall continue unimpairedunchanged. Upon such cure reinstatement by Xxxxxxxx, this Mortgage and the obligations secured hereby will shall remain in full force and effect fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 14.

Appears in 2 contracts

Samples: Real Property and Building Acquisition Agreement, Contract Agreement

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's Lender’s acceleration of the sums secured by this Mortgage due to Borrower's ’s breach, Borrower will shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would then be due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (bc) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, Mortgage and in enforcing Xxxxxx's Lender’s remedies as provided in paragraph 16 Paragraph 14 hereof, including, but not limited to, reasonable attorneys' fees; and (cd) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's Lender’s interest in the Property and Borrower's obligations Xxxxxxxx’s obligation to pay the sums secured by this Mortgage will shall continue unimpaired. Upon such payment and cure by XxxxxxxxBorrower, this Mortgage and the obligations secured hereby will shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's Lender’s acceleration of the sums secured by this Mortgage due to Borrower's breachMortgage, the Borrower will have has the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Mortgage or at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums which would be then due under this Mortgage and Note; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (b) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants promises and agreements of the Borrower contained in this Mortgage, Mortgage and in enforcing Xxxxxx's the Lender’s remedies as provided in paragraph 16 12 hereof, including, but not limited to, reasonable attorneys' attorney’s fees; and (c) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's the Lender’s interest in the Property and the Borrower's obligations ’s obligation to pay the sums secured by this Mortgage will shall continue unimpaired. Upon such payment and cure by Xxxxxxxxthe Borrower, this Mortgage and the obligations secured hereby will it secures shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's ’s acceleration of the sums secured by this Mortgage due to Borrower's breachMortgage, Borrower will shall have the right to have any proceedings begun implemented by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums that would then be due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any covenants or other agreements of Borrower contained in this Mortgage; (bc) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, Mortgage and in enforcing Xxxxxx's ’s remedies as provided in paragraph 16 hereofParagraph 17, including, but not limited to, reasonable attorneys' fees; and (cd) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's ’s interest in the Property and Borrower's obligations Xxxxxxxx’s obligation to pay the sums secured by this Mortgage will shall continue unimpaired. Upon such payment and cure by XxxxxxxxBorrower, this Mortgage and the obligations secured hereby will by it shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

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Xxxxxxxx’s Right to Reinstate. Notwithstanding XxxxxxLender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower will shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would then be due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (bc) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, Mortgage and in enforcing Xxxxxx's remedies as provided in paragraph 16 Paragraph 14 hereof, including, but not limited to, reasonable attorneys' fees; and (cd) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, XxxxxxLender's interest in the Property and BorrowerXxxxxxxx's obligations obligation to pay the sums secured by this Mortgage will shall continue unimpaired. Upon such payment and cure by XxxxxxxxBorrower, this Mortgage and the obligations secured hereby will shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage

Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower will shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower cures all breaches of any covenants or agreements of Borrower contained in this Mortgage; (b) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Xxxxxx's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorneys' fees; and (c) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's interest in the Property and Borrower's obligations secured by this Mortgage will shall continue unimpaired. Upon such cure by Xxxxxxxx, this Mortgage and the obligations secured hereby will shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Mortgage Agreement

Xxxxxxxx’s Right to Reinstate. Notwithstanding Not withstanding Xxxxxx's ’s acceleration of the sums secured by this Mortgage due to Borrower's breachDeed of Trust, Borrower will shall have the right to have any proceedings begun by Lender to enforce covenants of this Mortgage Deed of Trust relating to sums due and payable by Borrower discontinued at any time prior to five (5) days before the Property is first scheduled for sale pursuant to the power of sale contained in the Deed of Trust or at any time prior to entry of a judgment enforcing this Mortgage Deed of Trust if: (a) Borrower cures pays Lender all breaches sums which would be then due under this Deed of Trust, the Note and any covenants or agreements of Borrower contained in this MortgageFuture Advances, if any, and no acceleration occurred; (b) Borrower pays all reasonable expenses incurred by Lender Xxxxxx and Trustee in enforcing the covenants and agreements of Borrower contained in this MortgageDeed of Trust, and in enforcing Xxxxxx's ’s and Trustee’s remedies as provided in paragraph 16 Section 22 hereof, including, but not limited to, reasonable attorneys' fees; and (c) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Xxxxxx's ’s interest in the Property and Borrower's obligations Xxxxxxxx’s obligation to pay the sums secured by this Mortgage will the Deed of Trust shall continue unimpaired. Upon such payment and cure by Xxxxxxxx, this Mortgage Deed of Trust and the obligations secured hereby will shall remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Deed of Trust

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