Fill and Sign the Ny Mortgage Form

MORTGAGE Dated:       , 20       MORTGAGOR:       residing at       ,       , New York MORTGAGEE:       , ,       , having its principal place of business at       ,       ,       County, New York The mortgagor promises and agrees as follows: 1. The Mortgagor hereby mortgages to the Mortgagee the Property described in this Mortgage. Mortgagor can lose the Property for failure to keep the promises in this Mortgage. 2. This Mortgage is made to secure a Debt of the Mortgagor to the Mortgagee for       --------------------------------------------------------------------- Dollars ($       ), payable with interest according to a Bond or Note having the same date as this Mortgage. The Mortgagee may make advances in the future to the Mortgagor or future owners of the Property. In addition to the above Debt the Bond or Note and this Mortgage is intended to secure any more debts now or in the future owed by the Mortgagor to the Mortgagee. The maximum amount of debt secured by the Bond or Note and this Mortgage shall not be greater than the Debt stated above. Mortgagee is not obligated to make future advances. 3. The Property mortgaged (the “Property”) is (a) ALL THAT TRACT OR PARCEL OF LAND, situated in the       , County of       and State of New York, bounded and described as follows: Beginning at       to . Being more particularly described in survey prepared by       , LS No.       dated       , 20       , and filed in the       County Clerk’s Office on       , 20       , Map No.       . BEING the same premises conveyed in a Warranty Deed from       to       dated       , 20       and recorded in the       County Clerk’s Office on       , 20       in Liber       of Deeds at Page       . Mortgage Page 1 of 5 It is understood and agreed by and between the parties to this mortgage that in the event the mortgagor(s) herein,       , should sell or convey the premises herein described before this mortgage debt is fully paid, then in such event, the entire indebtedness and accrued interest shall become immediately due and payable at the option of the mortgagee. The mortgagors covenant and agree that, upon any such sale by deed, contract or otherwise the mortgagee shall be promptly notified so that its right of election may be exercised or not exercised. (b) Together with the buildings and improvements on the Property. (c) Together with all the Mortgagor’s right, title and interest in the streets next to the property to their center lines. (d) Together with all fixtures and personal property which now is or which later may be attached to or used or useful in connection with the Property. This does not include household furniture. (e) Together with all condemnation awards for any taking by a government or agency of the whole or part of the real Property or any easement in connection with the Property. This includes awards for changes of grade of streets. 4. Mortgagor will pay the Debt as promised in the Bond or Note according to its terms, if any payment is overdue more than 15 days an additional charge will be due to Mortgagee to cover the cost of delay. This late charge shall be 5. Mortgagor will keep the buildings on the Property insured against loss by fire and other risks included in the standard form of extended coverage insurance. The amount shall be approved by Mortgagee but shall not exceed full replacement value of the buildings. Mortgagor will assign and deliver the policies to Mortgagee. The policies shall contain the standard New York Mortgage clause in the name of Mortgagee. if Mortgagor fails to keep the buildings insured Mortgagee may obtain the insurance. Within 30 days after notice and demand Mortgagor must insure the Property against war risk and any other risk reasonably required by Mortgagee. 6. Mortgagor will keep the Property in reasonably good repair. 7. The Mortgagor may not, without the consent of Mortgagee, (a) alter, demolish or remove the buildings and improvements on the Property, or (b) sell the Property or any part of it. 8. Mortgagor will pay all taxes, assessments, sewer rents or water rates within 30 days after they are due . Mortgagor must show receipts for these payments within 10 days of Mortgagee’s demand for them. 9. Mortgagor must pay all expenses of Mortgagee, including reasonable attorney’s fees, if (a) Mortgagee is made a party in a suit relating to the Property, or (b) Mortgagee sues any one to protect or enforce Mortgagee’s rights under this Mortgage. 10. Mortgagor authorizes Mortgagee to make payments necessary to correct a default of Mortgagor under Paragraphs 5, 8 and 9 of this Mortgage. Payments made by Mortgagee together with interest at the rate provided in the Bond or Note from the date paid until the date of repayment shall be added to the Debt and secured by this Mortgage. Mortgagor shall make repayment with interest within 10 days after demand. 11. Within five days after request in person or within ten days after request by mail, Mortgagor shall give to Mortgagee a signed statement of the amount due on this Mortgage and whether there are any offsets or defenses against the Debt. Mortgage Page 2 of 5 12. Mortgagor warrants the title to the Property. Mortgagor is responsible for any costs or losses of the Mortgagee if an interest in the Property is claimed by others. 13. Mortgagor shall comply with any law or governmental order or cure any legal violation concerning the Property. Mortgagor shall comply within 90 days after the order or violation is issued or the law takes effect. 14. Mortgagor will receive the advances secured by this Mortgage and will hold the right to receive the advances as a trust fund. The advances will be applied first for the purpose of paying the cost of improvement. Mortgagor will apply the advances first to the payment of the cost of improvement before using any part of the total of the advances for any other purpose. 15. Mortgagee and any person authorized by the Mortgagee may enter and inspect the property at reasonable times. 16. Mortgagor authorizes Mortgagee to file without Mortgagor’s signature one or more financing statements as permitted by law to perfect the security interest of this Mortgage. 17. Mortgagee may declare the full amount of the Debt to be due and payable immediately for any default. The following are defaults: (a) Mortgagor fails to make any payment required by the Bond or Note or Mortgage within 15 days of the date it is due; (b) Mortgagor fails to keep any other promise or agreement in this Mortgage within the time stated, or if no time is stated, within a reasonable time after notice is given that Mortgagor is in Default; (c) On application of Mortgagee, two or more insurance companies licensed to do business in New York State refuse to issue policies insuring the buildings and improvements on the Property. 18. If mortgagor defaults under this Mortgage and the Property is to be sold at a foreclosure sale, the Property may be sold in one parcel. 19. If Mortgagee sues to foreclose the Mortgage, Mortgagee shall have the right to have a receiver appointed to take control of the Property. 20. If there is a Default under this Mortgage, Mortgagor must pay monthly in advance to Mortgagee, or to a receiver who may be appointed to take control of the Property, the fair rental for the use and occupancy of the part of the Property that is in the possession of the Mortgagor. If Mortgagor does not pay the rent when due, Mortgagor will vacate and surrender the Property to Mortgagee or to the receiver. Mortgagee may evict the Mortgagor by summary proceedings or other court proceedings. 21. Mortgagee shall have the rights set forth in Section 254 of the New York Real Property Law in addition to Mortgagee’s rights set forth in this Mortgage, even if the rights are different from each other. 22. Delay or failure of Mortgagee to take any action will not prevent Mortgagee from taking action later. Mortgagee may enforce those rights Mortgagee chooses without giving up any other rights. 23. Notices, demands or requests may be in writing and may be delivered in person or sent by mail. 24. This Mortgage may not be changed or ended orally. 25. 1f there are more than one Mortgagor each shall be separately liable. The words “Mortgagor” and “Mortgagee” shall include their heirs, executors, administrators, successors and assigns. If there are more than one Mortgagor or Mortgagee the words “Mortgagor” and “Mortgagee” used in this Mortgage includes them. Mortgage Page 3 of 5 26. That in the event the premises covered by this Mortgage are sold without the written consent of the Mortgagee, or should the Mortgagors make a voluntary assignment for the benefit of creditors, the whole amount of principal and interest hereby secured shall become immediately due and payable at the option of the Mortgagee. 27. In the event of a foreclosure the Mortgagee will be entitled to recover reasonable attorneys’ fees. The Mortgagor states that the Mortgagor has read this Mortgage, received a completely filled in copy of it and has signed this Mortgage as of the date at the top of the first page. MORTGAGOR WITNESS _________________________________________ _______________ _________________________________________ _______________ CERTIFICATE OF ACKNOWLEDGMENT Individual Capacity within the State of New York for Real Property State of New York ) ) ss.: County of       ) On the       day of       in the year       before me, the undersigned, personally appeared       , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity , and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Person Taking Acknowledgement Type/Print Name:       Individual Capacity Outside the State of New York for Real Property Mortgage Page 4 of 5 State of ____________ ) ) ss.: County of       ) On the       day of       in the year       before me, the undersigned, personally appeared       , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity , and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the       (insert the city or other political subdivision and the State or country or other place the acknowledgment was taken). Signature and Office of Person Taking Acknowledgement Type/Print Name:       PLEASE RECORD AND RETURN TO:                   Mortgage Page 5 of 5