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200003557
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Last modified
10/13/2011 12:55:36 PM
Creation date
10/20/2005 8:20:36 PM
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DEEDS
Inst Number
200003557
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200003557 <br />Article 14 - USURY <br />Section 14.1 Usury Laws. This Security Instrument and the Note are subject to the express <br />condition that at no time shall Borrower be obligated or required to pay interest on the Debt at a rate which <br />could subject the holder of the Note to either civil or criminal liability as a result of being in excess of the <br />maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the <br />terms of this Security Instrument or the Note, Borrower is at any time required or obligated to pay interest <br />on the Debt at a rate in excess of such maximum rate, the rate of interest under the Security Instrument and <br />the Note shall be deemed to be immediately reduced to such maximum rate and the interest payable shall <br />be computed at such maximum rate and all prior interest payments in excess of such maximum rate shall <br />be applied and shall be deemed to have been payments in reduction of the principal balance of the Note. <br />All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt shall, to the <br />extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated <br />term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not <br />exceed the maximum lawful rate of interest from time to time in effect and applicable to the Debt for so long <br />as the Debt is outstanding. <br />Article 15 — MISCELLANEOUS PROVISIONS <br />Section 15.1 Notices. All notices and other communications under this Security Instrument are <br />to be in writing, addressed to the respective party as set forth in this section, and shall be deemed to have <br />been duly given (a) upon delivery, if delivered in person with receipt acknowledged by the recipient thereof, <br />(b) one (1) business day after having been timely deposited for overnight delivery, fee prepaid, with any <br />reputable overnight courier service, or (c) three (3) business days after having been deposited in any post <br />office or mail depository regularly maintained by the U.S. Postal Service and sent by certified mail, postage <br />prepaid, return receipt requested. Initial addresses for each party are as follows: <br />Borrower: BRESLIN GRAND ISLAND ASSOCIATES <br />Attn: Wilbur Breslin <br />500 Old Country Road <br />Suite 200 <br />Garden City, NY 11530 <br />Lender: GMAC Commercial Mortgage Corporation <br />650 Dresher Road <br />P.O. Box 1015 <br />Horsham, Pennsylvania 19044 -0809 <br />Attn: Servicing - Executive Vice President <br />Each party may establish a new address from time to time by written notice to the other given in accordance <br />with this section; provided, however, that no such change of address will be effective until written notice <br />thereof is actually received by the party to whom such change of address is sent. Notice to additional parties <br />now or hereafter designated by a party entitled to notice are for convenience only and are not required for <br />notice to a party to be effective in accordance with this section. <br />Section 15.2 Entire Agreement; Time of Essence. This Security Instrument, together with the <br />Note and the Other Loan Documents, contain the entire agreements between Borrower and Lender relating <br />to the subject matter hereof and thereof, and supersede all prior discussions, representations, <br />communications and agreements (oral orwritten) relative hereto and thereto which are not contained herein <br />or therein. In the event of any conflict between the terms of such documents, the following order of priority <br />ATLANTA4181845.4 <br />GMACCM (SLIP) — DOT (8198) 33 Grand Isle, Nebraska <br />
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