Preview
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
EXHIBIT B
Filed in Orange County 05/15/2024 05:19:54 PM$0.00 Bk: 5157 Pg: 1724 Index: # EF003923-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
ORANGECOUNTYCLERK'S OFFICE RECORDING.PAGE
- DONOTREMOVE
THIS PAGEIS PARTOFTHEINSTRUMENT
TVPEIN DLACKINK:
NAMEÇS)OFPARTYÇS)TODOCUMENT
SECTION /O7 nLOc8 2 LOT ,
ANDRETURN
RECORD TO:
er /k &rman (name and address) .
Wo
Lansas c c
/DorwQn Gh s sutk B
AznL n onrtw La 9tze /
THIS ISPAGEONEOFTHERECORDING
ATTACHTHIS SHEETTO THE FIRST PAGEOF EACH
RECORDED INSTRUMENT ONLY
. DONOTWRITEBELOW
THIS LINE
DEED____.MORTGAGE bATISFACTION ASStGNMENT OTHER
INSTRUMENT
TYPE:
LOCATION
PROPERTY
__.2089 BLOOMINGGROVE
(TN) 4289 MONTGOMERY
(TN) NOPAGES 5S REF.
'
MAYBROOK CERT.COPY ADD'L X-REF.
WASHINGTONVILLE (VLG)
_2001 (VLG) 4201
MONTGOMERY MAP# PGS.
2289 CHESTER(TN) _4203 (VLG)
CHESTER(VLG) ___420S WALDEN
(VLG)
2201
2489 CORNWALL
(TN) ___4489 MOUNT
HOPE(TN) PAYMENT
TYPE: CHECK.
CASH
CORNWALL ___4401 OTISVILLE (VLG)
2401 (VLG) CHARGE
__2600 CRAWFORD
(TN) 4600 NEWBURGH (TN)
NEWWINDSOR (TN) NOFEE
____2800 DEERPARK
(TN) ____4800
____3089 GOSHEN(TN) ___5089 TUXEDO(TN) Taxable
CONS1DERATION
TUXEDOPARK(VLG) $
____3001 GOSilEN (YLG) ___5001
' _5200 WALLKILL (TN) TAXEXEMPT
____3003 FLORIDA (VLG)
_3005 CHESTER(VLG) ____.5489 WARWICK(TN) Taxable
___5401 FLORIDA (VLG) MORTGAGE
AMT. $
___3200 GREENVILLE(TN) .
GREENWOODLAKE(VLG) DATE -- / O-
__3489 HAMPTONBURGH (TN) _5403
__3401 MAYBROOK
(VLG) _5405 WARWICK
(VLG)
MORTGAGE
TAX TYPE;
WAWAYANDA
_
____5600 (TN)
_3689 HIGHLANDS(TN) WOODBURY
(TN)
(A)tdHMERCIAL/FULL 1%
lilGHLAND FALLS(VLG) ____5889
___3601
__5801 HARRIMAN(VLG) __ (B) 1 OR2 FAMILY
_3889 MINISINK (TN) ___ (C) UNDER$1O,000
_3801 UNIONVILLE (VLG)
__ EXEMPT
_
CITIES (E)
_4089 MONROE (TN)
MIDDLETOWN 3 TO 6 UNITS
_0900
_
(F)
___4001 MONROE
(VLG) NAT.PERSON/CR,UNION
__4003 HARRIMAN(VLG) ____1100 NEWBURGH. (1)
NAT.PER-CR.UN/1 OR2
KlRYAS JOEL (VLG) _1300 PORTJERVIS __ ())
CONDO
___4005 __ (K)
9999 HOLD
toiA - af®*t-a
DONNAL BENSON
RECEIVEDFROMs
ORANGCOUNTY
CLERK
RECORDED/F I LED
10/ 16/2003/ 09:53:07
DONNAL. BENSON
Coun t y Cl e rk
ORANGECOUNTY, NY
F ILE # 20030132340
M AG / BK 11230 PG 09Es6
RECORDINGFEES 119.00
Rece i pt #173292 d ab
II|l11111111118#H1118119111151
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
Return To:
CHASEMANHATTAN MORTGAGE
CDRPORATICN
780 KANSASLANE, SUITE B
MONROE, LA 71201
ISpace Above This Line For Recording Datal
CONSOLIDATION,EXTENSION, ANDMODIFICATIONAGREEMENT
WORDS
USEDOFTENIN THIS DOCUMENT
"Agreement." This document, which is dated
(A) July 10 . 2003 and exhibits and riders
attached to this docurnent will be called the "Agreement."
"Borrower." Gerald Berman "Borrower"
"me."
(B) will be called and sometimes "I" or
Borrower's address is Lucille Berman
709 Tower Ave. , Maybrook. NY 12543
"Lender." .
(C) .TPMorgan Chase Bank will be called "Lender" and sometimes "Note
Holder."
Lender is a corporation or association which exists under the laws of the Staf-a of New Vork Lender's
address is 1 Chase Manhattan Plaza, New York. NY 10018
"Mortgages." .
(D) The mortgages, deeds of trust, or other security instruments and
any additional security
instruments and related agreements (such as assignments, or consolidations
extensions, modifications, of mortgages)
identified in Exhibit A to this Agreement will be called the "Mortgages."
(E) "Note Holder." Lender or anyone who succeeds to Lender's rights under this Agreement
and who is entitled
to receive the payments I agree to make under this Agreement
"Notes." maybe called the "Note Holder."
(F) The Notes which are identified in Exhibit
"Notes."
A
to this Agreement, and which are secured
by the
Mortgages, will be called the
"Property." The property which is described in the Mortgage(s) and in Exhibit B
(G)
(Property Description) to
this Agreernent, will be called the "Property." Tlie Property is located at:
709 Tower Avenue
[Street]
Maybrook ,
. Orange NY 12543
,
{City] [County] [State and Zip Code]
I promise and I agree with Lender as follows:
L BORROWER'S
AGREEMENT
ABOUTOBLIGATIONUNDERTHENOTESAND
agree to take over all of the obligations
I
MORTGAGES
under the Notes and Mortgages as consolidated and modified by this
Agreement as Borrower. This means that I will
keep all of the promises and agreements madein the Notes and Mortgages
even if some other person madethose promises and agreements before me. The
total unpaid principal balance of the Notes is
U.S. $ 1 40, non. no : of this amount, U.S. $
advanced to me (or for myaccount) 3, 842.11 was
immediately prior to this consolidation.
H. AGREEMENT
TOCOMBINE
NOTESANDMORTGAGES
(A) By signing this Agreement, Lender and I are combining into one set of rights and obligations
all of the
promises and agreements stated in the Notes and Mortgages
including any earlier agreements which combined, modified, or
extended rights and obligations under any of the Notes and Mortgages. This meansthat all of
Lender's rights in the Property
are combined so that under the law Lender has one
mortgage and I have one loan obligation which I will
this Agreement. This pay as provided in
combining of notes and mortgages is knownas a "Consolidation."
NEW
YORKCONSOLIDATIoN,EXrENSBN,
ANDMOD]FICATIONAGREEMENr-Single
Family-Fan In Mae/FreddieMacUNIFORM
INSrRUMENrForm 3172 1/01(rev. 5BO1)
(page1of8 pages)
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
(B) In the event that Exhibit A
indicates that all of the Notes and Mortgages have
already been combined by a
previous agreement, then Lender and I agree to change the tenns of Section II, paragraph (A) of this Agreement to the
following:
Lender and I agree that all of the promises and agreements stated in the Notes and
Mortgages - including any earlier agreements which combined, modified, or extended
rights and obligations under any of the Notes and Mortgages - have been combined into
one set of rights and obligations by an earlier agreement which is referred to in Exhibit A.
This means that all of the Lender's rights in the Pmperty have already been combined so
that under the law Lender already has one mortgage and I have one loan obligation which
I will pay as provided in this Agreement. The combining of notes and mortgages is
knownas a "Consolidation."
HI. AGREEMENT
TOCHANGE
TERMSOFTHECONSOLIDATED
NOTE
Lender and agree that the terms of the Notes are changed and restated to be the tertns of the "Consolidated Note"
I
which is attached Agreement as Exhibit C. The Consolidated Note contains the terms of payment for the amounts that
to this
I owe to Note Holder. I agree to pay the amounts due under the Notes in accordance with the terms of
the Consolidated Note.
The Consolidated Note will supersede all terms, covenants, and provisions of the Notes.
IV. AGREEMENT TOCHANGE TERMSOFTHECONSOLIDATED MORTGAGE
Lender and I agree that the terms of the Mortgages are changed and restated to be the terms of the
Mortgage" "Consolidated
which is attached to this Agreement as Exhibit D. The Consolidated Mortgage secures the Consolidated Note
and
will constitute in law a single lien upon the Property. I agree to be bound by the terms set forth in the Consolidated
Mortgage
which will supersede all terms, covenants, and pmvisions of the Mortgages.
V. NO
SET-OFF, DEFENSES
I agree that I have no right of set-off or counterclaim, or any defense to the obligations of the Consolidated Note or
the Consolidated Mortgage.
VL BORROWER'S INTERESTIN THEPROPERTY
I promise that I amthe lawful owner and that
occupying the Property I have the right to consolidate, modify, and
extend the Notes and Mortgages.
VIL WRITTENTERMINATIONORCHANGE
OFTHIS AGREEMENT
This Agreement may not be terminated, changed, or amended except by a written agreement signed by the party
whose rights or obligations are being changed by that agreement.
VHL OBLIGATIONSOF BORROWERS
ANDOF PERSONS
TAKING OVERBORROWER'S
ORLENDER'S
RIGHTSOROBLIGATIONS
If more than one person signs this Agreement as Borrower, each of us is
fully and personally obligated to keep all of
Borrower's promises and obligations contained in this Agreement. The Note Holder may enforce its rights under this
Agreement against each of us individually or against all ofus together.
The terms of the Consolidated Note and the Consolidated Mortgage
maynot allow any person to take over myrights
or obligations under this Agreement. Lender and I agree that if
any person is penuitted to take over myrights and obligations
under this Agreement, that person will have all of myrights and will be obligated to
keep all of mypromises and agreements
made in this Agreement. Similarly, any person who takes over Lender's rights or obligations under this
Agreement will have
all of Lender's rights and will be obligated to keep all of Lender's agreements made in this Agreement.
IX. LIEN LAW
I will all amounts lent to me
receive by Lender subject to the trust fund provisions of Section 13 of the NewYork
Lien Law. This means that I will: (A) hold all amounts which I receive and which I have a right to receive from Lender
under the Consolidated Note as a "trust fund;" and (B) use those amounts to improvement"
pay for "cost of (as defmed in the
NewYork Lien Law).before I use them for any other purpose. The fact that I am fund"
holding those amounts as a "trust
means that for any building or other improvement located on the
Property have a special responsibility
I under the law to use
the amount in the manner described in this Section IX.
X. TYPEOF PROPERTY
Check box(es) as applicable.
O This Agreement covers real property principally
improved, or to be improved, by one or more structures containing,
in the aggregate, not more than six (6) residential
dwelling units with each dwelling unit having its own separate
facilities. cooking
O This Agreement covers real property improved, or to be
improved, by a one (1) or two (2) family dwelling.
Q This Agreement does not cover real property improved as described above.
NEW
YORKCONSOLIDATION,
ExTENSION,ANDMODIFICATIoNAGREEMENr--single
Family--FkanIt MaeIFreddieMacUNIFORMINSrRUMElff Form3172 1/01
(rev.5to1)
(pIe 2 pager)
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
By signing this Agreernent, Lender and I agree to all Of the above.
JPMorgan Chase Bank
- Lender
Gerald Berman - Borrower
By:
OHiC/...-- Lucille Berman
cr§( ( oftsr - Borrower
171 / ISpace Below This Line For Acknowledgment)
NEWYORKCONSOLIDATIOMEXTENSIOMANDMODDTCATIONAGREEMEN
F-SinglcPamily--humleMae/FsedmeMucUNIPORMINSTRUMENT Form3172 1/Ol(rev.5/D1)
(Nle 3of8 pages)
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
COUNIYOF
. . . as.: . .
STATli OF )
logo line Iis undelslyned, a liotary
of In Ilie year
On the day
and ar said Sla pers 1ally hppeared
public in
hast of satisfactory evidence 10 be the
laiown (a ine or proved 10 use on the acknowledged (a me
personally the wlullninstrument and
wliose name(s) is (are) subscribed lo his/her/their
Individual(s) and that by
. .
executed Use osme In his/hertGtelr capacNy(les),
. that helshe/lliey
or the person uj3on behalf of which (he
on Ilie.Instmment, the Individual(s),
nignnture(s)
hidMannI(ri u ul. mult (fin kmfr umani.
Notary Public .
ADAML SKOLNIK
PUBUC,STATEOFNEW
NOTARY YORK .
01SK6028258
QUALIFIED IN KINGSCOUNTY
COMMISSIONEXPIRES, JULY26,
COUNIYOF )
. as
STATEOF )
n the year Mbefore tite, th idersigned, a nolary
On day of
the
sppeared . fifift-0 /
public In and for said Stole, pe onally to be the
me or proved to me on the basis of sellsfactory evld rice
known fu acknowledged (a ine
. personally
is (ars) subscribed 10
the wlihin Instrument and
. Individual(s) wilose giame(s) and that by his/her/their
executed the saina In his/het/their
· capacIly(les),
that he/she/ihey person upolt behalf
or of whIch the
flie
on the Instruinent,.. tlie Individual{s),
signature(s)
Individual(s) acted, executed the liistrument.
Notary PubHo .
RICHARD l. MAHER
State Of NewYork
. : .
' '.
Notary Public,30-4870874
No.
dualiflect In Nassau County
September 15, 2008
Coremission Expires
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
n
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
INSTRUCTIONS
The following instmetions apply iftMs Agreement is used in a
consolidation, extension, or modification of a single family loan intended for
possible sale to Fannie Maeor Freddie Mac.
(1) All notes, instmments, assignments, the most recent consolidation agreenent and related agreements that
security
modify,
or extend prior underlying obligations
consolidate, and which predate this Agreement must be listed in Exhibit A to this
Agreement. The language inExbibit A
to this Agreement is only a sample and
maybe revised as appropriate.
If any new money is advanced, number (1) on Exhibit A should refer to both (a) the "Gap" Mortgage (i.e., the new money
mortgage discussed in (6) below), and (b) the "Gap"Note (i.e., new moneynote discussed in(6) below).
(2) The metes and bounds description of the Pmperty rnust be set forth in Exhibit Bto this Agreement.
The ConsolidatedNote must be the cunent version of the applicable Single
(3)
Family Fannie Mae/Freddie MacUniform Note (e.g.,
Forms 3233,3501, 3502, 3504, or 3514) with the following language inserted at the document-
top of the
For Fixed RateNotes·
CONSOLIDATED
NOTE
This Note amendsand restates in their entirety, and is given in substitution for, the Notes
described in Exhibit A of the NewYork Consolidation, Extension, and Modification
Agreement dated the samedate as this Note.
For Adjustable Rate Notes·
CONSOLIDATED
ADJUSTABLE
RATENOTE
This Note amendsand restates in their entirety, and is given in substitution
for, the Notes
described in Exhibit A
of the NewYork Consolidation, Extension, and Modification
Agreement dated the samedate as this Note.
The Consolidated Note, with all blanks completed, and
any applicable addendum or addenda, must be executed by the
Borrower(s) and a copy of the executed Consolidated Note must be attached hereto as Exhibit C. The repayment
terms of the
Consolidated Note (e.g., the consolidated principal amount, the monthly principal and interest payment, the interest rate and
provisions for any interest rate and rnonthly payment changes applicable to the consolidated
obligations) must be set forth in the
Consolidated Note. The dollar amount entered in the first blank in Section I of
this Agreement and the consolidated principal
amount of the Consolidated Note must be the same.
(4) The Consolidated Mortgage must be the cunent version of the New York Single
Family Fannie Mae/Freddie Mac Unifonn
Instmment (Form 3033). The Consolidated Mortgage, with all blanks
completed, and applicable riders
any (such as an
adjustable must be attached hereto as Exhibit D. The Consolidated Mortgage need not be
rate rider),
signed by the Borrower(s).
The dollar amount entered in the first blank in Section I of this Agreement and the dollar amount
entered in the
blank in the Consolidated Montgage must be the same. conesponding
(5) For sales of loans to Fannie Maeand Freddie Mac, the Sellenhnder must
deliver the executed and recorded original of this
Agreement and all exhibits to it (or a certified true
copy from the recording clerk, if the original is not yet available), together with
the original Consolidated Note signed
by the Bonower(s) and each original Note which is the original evidence of any part of
Bonower's indebtedness set out in this Agreement.
If newfunds are advanced at the time of the consolidation
(6) and modification evidenced by this Agreernent, the newobligation
must be evidenced by an original of the new "Gap"
"Gap" moneynote (the Note) and an original of the new moneymortgage (the
Mortgage) on the cunent Fannie Mae/Freddie MacSingle
Family Unifoun Instnunent (Form 3033). The dollar amount
entered in the second blank in Section I of this Agreement and the dollar
armount entered in the
Note and GapMortgage must be the same. Ifno new funds are corresponding blank on the Gap
advanced at the time ofthe consolidation and then
the second blank in Section I of this Agreement should be modification,
zero. This newloan will then become a part of the
and the Consolidated Montgage. It is not Consolidated Note
necessary that the repayment terms of the newloan, as set out in the
the terms of the ConsolidatedNote. GapNote, reflect
NEW
YORKCONSofJDATIoN,EXTENSION,
ANDMODDICATION
AGREEMEPrr--Singu Family--FknnieMaerneddie MacUNIFoRMINsTRUMENT
Form 3172 1/OI(rev.S41)
6Ie 4 of8pager)
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
EXHIBIT "A"
1. Mortgagor: Gerald Berman and Lucille Berman
Mortgagee: Federal Standard mortgage Banking Corp.
Amount: $142,792.00 The unpaid balance is $136,157.89
Dated: January 29, 1999
Recorded: February 9, 1999
Liber·
7046
Mp: 295
Mortgage Tax Paid·
$1403.00
Assignment of Mortgage made by Federal Standard Mortgage Banking Corp. to Chase Manhattan Mortgage
Corp., dated January 29, 1999 and recorded July 27, 1999 in Liber 7342 page 115.
Assignment of Mortgage made by CHASEMANHATTAN MORTGAGE
CORP. to JP MORGAN
CHASE
BANK, dated 07/10/2003, to be recorded simultaneously herewith.
2. Mortgage made by GERALDBERMAN
and LUCILLE BERMAN
to JP MORGAN
CHASEBANK, dated
07/10/2003, for the amount of $3.842.11, to be recorded simultaneously herewith. Mortgage tax paid $29.00.
The above two mortgages are consolidated by Agreement dated 07/10/2003, between GERALD BERMANand
with JP MORGAN
LUCILLE BERMAN CHASEBANK, dated 7/10/2003, to form a single lien of
$140,000.00, to be recorded simultaneously herewith.
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
Fidelity National Title Insurance Com any of NewYork
SCHEDULE
A-1 (Description)
ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Maybrook, Town of Montgomery,
County of Orange, State of NewYork, and further described as follows:
BEGINNINGat a point on the westerly line of Tower Avenue, said point being solitherly 50.00 feet from the intersection
of the westerly line of Tower Avenue with the southerly line of Wiley Street;
THENCE
RUNNING along the westerly line of Tower Avenue, south 31 degrees 03 minutes 00 seconds west 100,00 feet
to a point;
THENCEalong LÃt 19 on a filed map entitled "Map of Lands of John H. Wiley at Maybrook, NewYork" being filed in
the Orange County Clerk's Office on January 25, 1913 in Pocket 8 page 24, and also being lands now or formerly Johnson
(Liber 1939 page 72) north 58 degrees 57 minutes 00 seconds west 135.00 feet to a point;
THENCEalong Lot 6 and Lot 7 on the above mentioned filed map being land now or formerly of Benson (Liber 1939
page 456) and lands now or formerly Benson (Liber 1849 page 1165) north 31 degrees 03 minutes 00 seconds east
100,00 feet to a point;
THENCE
along Lot 25 on the above mentioned filed map being lands now or formerly Olantuona (Liber 1493 page 443)
south 58 degrees 57 minutes 00 seconds east 135.0 feet to the point or place of-BEGINNING.
.L
. .
THEPOLICYTOBEISSUEDunder this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FORCONVEYANCING
ONLY: Together with all the right, title and interest of the party of the frst part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE
A-1 (Description)
FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/15/2024
For Fixed Flate Notes:
CONSOLIDATED
NOTE
NOE
This Note amendsand restages in their entirety, and
is given in substitution for, the Notes described in
Exhibit A of the NewYork Consolidation, Exlension,
and Modi#calion Agreement deled the same d*.
as this Iole.
July 10, 2003 NY
[Date]