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Mortgage (Subordinate) Form. This is a New York form and can be use in Real Estate Statewide.
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Tags: Mortgage (Subordinate), 8015, New York Statewide, Real Estate
Form 8015 (3/00) Mortgage (Subordinate) Individual or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS MOR TGAGE, made the day of , BETWEEN and , the mortgagee,WITNESSETH, that to secure the payment of an indebtedness in the sum of dollars, lawful money of the United States, to be paid with interest thereon to be computed from the date hereof, at the rate of per centum per annum, and to be paid on the day of , next ensuing and thereafter, according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgagee to the mortgages ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand being in the >>>> 2TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads infront of and adjoining said premises;TOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to or used inconnection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coalstokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gasand electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators,kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, andfixtures of every kind in or used in the operation of the of the buildings standing on said premises, together with anyand all replacements thereof and addition thereto;TOGETHER with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain thewhole or any part of said premises or any easement therein, including any awards for changes of grade of streets, whichsaid awards are hereby assigned to the mortgagee, who is hereby authorized to collect and receive the proceeds of suchawards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgagedebt, notwithstanding the fact that the amount owing thereon may not then be due and payable; and the said mortgagorhereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient forthe purpose of assigning said awards to the mortgagee, free, clear and discharged of any encumbrances of any kind ornature whatsoever. ANDthe mortgagor covenants with the mortgagee as follows:1. That the mortgagor will pay the indebtedness as hereinbefore provided.2. That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of themortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the mortgagee forany premiums paid for insurance made by the mortgagee on the mortgagors default in so insuring the buildings or inso assigning and delivering the policies.3. That no building on the premises shall be altered, removed or demolished without the consent of the mortgagee.4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after defaultin the payment of any installment of principal or of interest for fifteen days; or after default in the payment of any tax,water rate, sewer rent or assessment for thirty days after notice and demand; or after default after notice and demandeither in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing themortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishinga statement of the amount due on the mortgage and whether any off-sets or defenses exist against the mortgage debt,as hereinafter provided. An assessment which has been made payable in installments at the application of the mortgagoror lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entiretyon the day the first installment becomes due or payable or a lien.5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver.6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, themortgagee may pay the same.7. That the mortgagor within five days upon request in person or within ten days upon request by mail will furnisha written statement duly acknowledged of the amount due on this mortgage and whether any off-sets or defenses existagainst the mortgage debt.8. That notice and demand or request may be in writing and may be served in person or by mail.9. That the mortgagor warrants the title to the premises.10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended coverageendorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premisesinsured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisionsof paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real PropertyLaw construing the same shall apply to the additional insurance required by this paragraph.>>>> 3 11. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by this mortgage, may be sold in one parcel. 12. That is any action or proceeding be commenced (except an action to foreclose this mortgage or to collect the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this mortgage (including reasonable counsel fees), shall be paid by the mortgagor, together with interest thereon at the rate of six per cent, per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting t