Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx’s acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage or (iii) 30 days from the certified date upon which Lender entered upon and took possession of the property if: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreement of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lenders’ remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney’s fees; and (d) Borrower takes such action as Lender may reasonable require to assure that the lien of this Mortgage, Xxxxxx’s interest in the Property and Xxxxxxxx’s obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby 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 Except for an acceleration by Lender under paragraphs 5, 10 and 18 hereof, for which no right to reinstate shall exist, Borrower shall have the right, notwithstanding Lender's acceleration of the sums secured by this MortgageDeed of Trust, Borrower shall have the right to have any proceedings begun by Lender Xxxxxx to enforce this Mortgage Deed of Trust discontinued at any time prior to before the earlier to occur of of
(ia) the The fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or Deed of Trust or
(iib) entry Entry of a judgment enforcing this Mortgage or Deed of Trust if:
(iii) 30 days from the certified date upon which Lender entered upon and took possession of the property if: (ai) Borrower pays Lender all sums which would be then due under this Mortgage, Deed of Trust and the Note and notes securing Future Advances, if any, had no acceleration occurred; ;
(bii) Borrower cures all breaches of any other covenants or agreement agreements of Borrower contained in this Mortgage; Deed of Trust;
(ciii) Borrower pays all reasonable expenses incurred by Lender Xxxxxx and Trustee in enforcing the covenants and agreements of Borrower contained in this Mortgage, Deed of Trust and in enforcing Lenders’ Xxxxxx's and Trustee's remedies as provided in paragraph 18 20 hereof, including, but not limited to, reasonable attorney’s 's fees; and and
(div) Borrower takes such action as Lender may reasonable reasonably require to assure that the lien of this MortgageDeed of Trust, Xxxxxx’s 's interest in the Property and Xxxxxxxx’s 's obligation to pay the sums secured by this Mortgage Deed of Trust shall continue unimpaired. Upon such payment and cure by BorrowerXxxxxxxx, this Mortgage Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. Upon acceleration under this Deed of Trust or upon abandonment of the Property, Xxxxxx shall be entitled to have a receiver appointed by a court to enter upon, take possession of the Property and take any and all steps the receiver deems necessary and appropriate to protect and preserve the Property.
Appears in 1 contract
Samples: Purchase Money Deed of Trust
Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx’s Except for an acceleration by Lender under paragraphs 5, 10 and 18 hereof, for which no right to reinstate shall exist, Borrower shall have the right, notwithstanding Lender's acceleration of the sums secured by this MortgageDeed of Trust, Borrower shall have the right to have any proceedings begun by Lender Xxxxxx to enforce this Mortgage Deed of Trust discontinued at any time prior to before the earlier to occur of the following:
(ia) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or Deed of Trust; or
(iib) entry of a judgment enforcing this Mortgage or Deed of Trust if:
(iii) 30 days from the certified date upon which Lender entered upon and took possession of the property if: (ai) Borrower pays Lender all sums which would be then due under this Mortgage, Deed of Trust and the Note and notes securing Future Advances, if any, had no acceleration occurred; ;
(bii) Borrower cures all breaches of any other covenants or agreement agreements of Borrower contained in this Mortgage; Deed of Trust;
(ciii) Borrower pays all reasonable expenses incurred by Lender Xxxxxx and Trustee in enforcing the covenants and agreements of Borrower contained in this Mortgage, Deed of Trust and in enforcing Lenders’ Xxxxxx’s and Trustee’s remedies as provided in paragraph 18 20 hereof, including, but not limited to, reasonable attorney’s fees; and and
(div) Borrower takes such action as Lender may reasonable reasonably require to assure that the lien of this MortgageDeed of Trust, Xxxxxx’s interest in the Property and Xxxxxxxx’s obligation to pay the sums secured by this Mortgage Deed of Trust shall continue unimpaired. Upon such payment and cure by BorrowerXxxxxxxx, this Mortgage Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. Upon acceleration under this Deed of Trust or upon abandonment of the Property, Xxxxxx shall be entitled to have a receiver appointed by a court to enter upon, take possession of the Property and take any and all steps the receiver deems necessary and appropriate to protect and preserve the Property.
Appears in 1 contract
Samples: Purchase Money Deed of Trust
Xxxxxxxx’s Right to Reinstate. Notwithstanding Xxxxxx’s 's acceleration of the sums secured by this MortgageMortgage due as a result of to Borrower's breach, if Borrower meets certain conditions, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage or (iii) 30 days from the certified date upon which Lender entered upon and took possession of the property if: (a) Borrower pays Lender all sums which would be then due constituting the default actually existing under this Mortgage and the Note at the commencement of foreclosure proceedings under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreement agreements of Borrower contained in this MortgageMortgagee; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lenders’ Xxxxxx's remedies as provided in paragraph 18 hereof, this Mortgage including, but not limited to, reasonable attorney’s attorneys' fees; and (d) Borrower takes such action as Lender may reasonable reasonably require to assure that the lien of this Mortgage, Xxxxxx’s 's interest in the Property and Xxxxxxxx’s 's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 14 hereof.
Appears in 1 contract
Samples: Mortgage