On May 16, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Nationstar Mortgage Llc,
and
John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon
The Premises Being Foreclosed Herein,
Letta Hilton-Ferguson,
Lvnv Funding Llc,
Shaandj Ferguson,
Sustainable Neighborhoods Llc,
The Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
. Cop
NOTE
MIN: Loan Number:
FHACase No:
DECEMBER
5, 2017 MELVILLE NEWYORK
IDate] [Cityl IStatel
45 SUNDIALLANE, BELLPORT,NEWYORK11713
[PropertyAddress]
't. BORROWER'S TOPAY
PROMISE
In return for a loan that I have received, I promise to pay U.S. $ 28 4 , 7 4 7 . 00 (this amount is
called "Principal"), plus interest to the order of the Leader. The Leader is UNITEDMORTGAGECORP., A
NEWYORKCORPORATION
I will make all payments under this Note in the form of cash, check or money order.
I siderstand that the Leader maytransfer this Note. The Lender or anyone whotakes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest wlil be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest
at a yearly rate of 4. 500 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any defauk described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1s t day of each month beginning on FEBRUARY 1
2018 . I will makethese payments every month until I have paid all of the principal and interest and
any other charges described below that I mayowe under this Note. Each monthly payment will be applied as of its
scheduled due date and will be applied to Interest and other items in the order described in the Security Instrument
before Principal If, on JANUARY1, 204 8 , I still owe amounIs under this Note, I will pay those
Date."
amounts in full on that date, which is called the "Maturity
I will make mymonthly payments at 2 5 MELVILLEPARKROADSUITE 100, MELVILLE, NEW
YORK11747
or at a different place if required by the Note Holder.
(B) Amountof Monthly Payments
Mymonthly payment will be in the amount of U.S. $ 1, 4 42 .77
4. RIGHT TOPREPAY
BORROWER'S
I have the right to makepayments of Principal at any time before they are due. A
payment of Principal only is
"Prepayment."
known as a WhenI make a Prepayment, I will tell the Note Holder in writing that I amdoing so. I
maynot designate a payment as a Prepayment if I have not madeall the monthly payments due under the Note.
I maymake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder
may apply my Prepayment to any accrued and unpaid interest on the Prepayment amount before applying my
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
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Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in
the due date or in the amount of my monthly payment imless the Note Holder agrees in writing to those changes.
5. LOANCHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sumsalready collected from mewhich exceeded permitted limits will be refunded to me. The Note Holder
maychoose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to
me. If a refmid reduces Prhicipal, the reduction will be treated as a partial Prepayment.
6. FAILURETOPAY AS REQUIRED
BORROWER'S
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
4 . 000 % of the overdue payment ofPrincipal and Interest (P&I). I will pay this late charge promptly
but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Defmdt
If I amin default, the Note Holder maysend mea written notice telling methat if I do not pay the overdue
amount by a certain date, the Note Holder mayrequire meto pay immediately the full amount of Principal which has
not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which
the notice is mailed to meor delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I amin default, the Note Holder does not require meto pay immediately in full as
described above, the Note Holder will still have the right to do so if I amin default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required meto pay immediately in full as described above, the Note Holder will have
the right to be paid back by mefor all of its costs and expenses In enforcing this Note to the extent not prohibited by
attorneys'
applicable law. Those expenses include, for example, reasonable fees.
7. GIVING OFNOTICES
Unless applicable law requires a different method, any notice that must be given to meunder this Note will be
given by delivering it or by mailing it by first class mailto meat the Property Address above or at a different address
if I give the Note Holder a notice of my different address.
Any notice dat must be given to the Note Holder imder this Note will be given by delivering it or by mailing
it by first class mail to die Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
8. OBLIGATIONS OFPERSONS
UNDERTHIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
madein this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person whotakes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder mayenforce its rights under this Note against each person individually or against all of us
together. This meansthat any one of us maybe required to pay all of the amounts owed under this Note.
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FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
, , Cop
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
"Presentment"
Dishonor. meansthe right to require the Note Holder to demandpayment of amounts due. "Notice of
Dishonor"
meansthe right to require the Note Holder to give notice to other persons that amounts due have not heen
paid.
10. NOTE
UNIFORMSECURED
This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the samedate as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises which I makein this Note. That Security Instrument describes howand under what conditions Imay be
required to make hmnediate payment in full of all amounts I owe under this Note. Someof those conditions are
described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender mayrequire inunediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sumssecured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demandon Borrower.
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FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
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WITNESSTHEHAND(S)ANDSEAL(S) OFTHEUNDERSIGNED.
SHAANDJFER SO
4® (Seal)
-Borrower
Px C
LETTAHILTON-FERGUSON
(Seal)
-Borrower
(Seal) (Seat)
-Borrower -Borrower
(Seal) (Seal)
-Bormwer -Borrower
[Sign original only]
Loan Originator: NEIL JAMESSURGENOR,NMLSRID
Loan Originator Organization: UNITEDMORTGAGECORP, NMLSRID
Pay to the Order of
Without Recourse
Pacific Union Financial, LLC
AndyPeach, ExecutiveVicePresident
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FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
ALLONGE
LOANNUMBER:
BORROWER(S): Shaandj Ferguson and Letta Hilton-Ferguson
PROPERTY
ADDRESS: 45 Sundial Lane, Bellport, NY11713
NOTE/LOANAMOUNT 284,747.00
NOTE/LOANDATE: 12/05/2017
PAYTO THE ORDEROF:
Pacific Union Financial, LLC
wITHOU RECOURSE
COMPANY
NAME: United Mortgage C p. YORKCORPORATION
AUTHORIZEDSIGNATURE:
PRINTEDNAMEANDTITLE OFAUTHO lZED SIGNER: MARKROSENBLOOM,
PRESIDENT
Preview
FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 . Cop NOTE MIN: Loan Number: FHACase No: DECEMBER 5, 2017 MELVILLE NEWYORK IDate] [Cityl IStatel 45 SUNDIALLANE, BELLPORT,NEWYORK11713 [PropertyAddress] 't. BORROWER'S TOPAY PROMISE In return for a loan that I have received, I promise to pay U.S. $ 28 4 , 7 4 7 . 00 (this amount is called "Principal"), plus interest to the order of the Leader. The Leader is UNITEDMORTGAGECORP., A NEWYORKCORPORATION I will make all payments under this Note in the form of cash, check or money order. I siderstand that the Leader maytransfer this Note. The Lender or anyone whotakes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest wlil be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4. 500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any defauk described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1s t day of each month beginning on FEBRUARY 1 2018 . I will makethese payments every month until I have paid all of the principal and interest and any other charges described below that I mayowe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest and other items in the order described in the Security Instrument before Principal If, on JANUARY1, 204 8 , I still owe amounIs under this Note, I will pay those Date." amounts in full on that date, which is called the "Maturity I will make mymonthly payments at 2 5 MELVILLEPARKROADSUITE 100, MELVILLE, NEW YORK11747 or at a different place if required by the Note Holder. (B) Amountof Monthly Payments Mymonthly payment will be in the amount of U.S. $ 1, 4 42 .77 4. RIGHT TOPREPAY BORROWER'S I have the right to makepayments of Principal at any time before they are due. A payment of Principal only is "Prepayment." known as a WhenI make a Prepayment, I will tell the Note Holder in writing that I amdoing so. I maynot designate a payment as a Prepayment if I have not madeall the monthly payments due under the Note. I maymake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to any accrued and unpaid interest on the Prepayment amount before applying my MULTISTATE FHAFlXED RATENOTE DocMaic¬Xrsms USFHA.NTE 06/14/16 Page 1 of 4 www. cmagic.com Us||n.nte.xal FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 Cop Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment imless the Note Holder agrees in writing to those changes. 5. LOANCHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sumsalready collected from mewhich exceeded permitted limits will be refunded to me. The Note Holder maychoose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refmid reduces Prhicipal, the reduction will be treated as a partial Prepayment. 6. FAILURETOPAY AS REQUIRED BORROWER'S (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4 . 000 % of the overdue payment ofPrincipal and Interest (P&I). I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Defmdt If I amin default, the Note Holder maysend mea written notice telling methat if I do not pay the overdue amount by a certain date, the Note Holder mayrequire meto pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to meor delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I amin default, the Note Holder does not require meto pay immediately in full as described above, the Note Holder will still have the right to do so if I amin default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required meto pay immediately in full as described above, the Note Holder will have the right to be paid back by mefor all of its costs and expenses In enforcing this Note to the extent not prohibited by attorneys' applicable law. Those expenses include, for example, reasonable fees. 7. GIVING OFNOTICES Unless applicable law requires a different method, any notice that must be given to meunder this Note will be given by delivering it or by mailing it by first class mailto meat the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice dat must be given to the Note Holder imder this Note will be given by delivering it or by mailing it by first class mail to die Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OFPERSONS UNDERTHIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises madein this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person whotakes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder mayenforce its rights under this Note against each person individually or against all of us together. This meansthat any one of us maybe required to pay all of the amounts owed under this Note. MULTISTATE FHAFlXED RATENOTE DocMagicEnems USFHA.NTE 06/14/16 Page 2 of 4 www.acemagic.com usma.dent FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 , , Cop 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of "Presentment" Dishonor. meansthe right to require the Note Holder to demandpayment of amounts due. "Notice of Dishonor" meansthe right to require the Note Holder to give notice to other persons that amounts due have not heen paid. 10. NOTE UNIFORMSECURED This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the samedate as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I makein this Note. That Security Instrument describes howand under what conditions Imay be required to make hmnediate payment in full of all amounts I owe under this Note. Someof those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender mayrequire inunediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sumssecured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demandon Borrower. [REMAINDER OFTHIS PAGEINTENTIONALLY LEFT BLANK] MULTISTATE FHAFlXED RATENOTE " USFHA.NTE o6/14/16 Page 3 of 4 www. com Usma.nre.xist FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 Cop WITNESSTHEHAND(S)ANDSEAL(S) OFTHEUNDERSIGNED. SHAANDJFER SO 4® (Seal) -Borrower Px C LETTAHILTON-FERGUSON (Seal) -Borrower (Seal) (Seat) -Borrower -Borrower (Seal) (Seal) -Bormwer -Borrower [Sign original only] Loan Originator: NEIL JAMESSURGENOR,NMLSRID Loan Originator Organization: UNITEDMORTGAGECORP, NMLSRID Pay to the Order of Without Recourse Pacific Union Financial, LLC AndyPeach, ExecutiveVicePresident MULTISTATEFHAFlXEDRATENOTE ^ USFHA.NTE 06/14/16 Page4of4 www. com FILED: SUFFOLK COUNTY CLERK 05/16/2024 09:33 AM INDEX NO. 612143/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 ALLONGE LOANNUMBER: BORROWER(S): Shaandj Ferguson and Letta Hilton-Ferguson PROPERTY ADDRESS: 45 Sundial Lane, Bellport, NY11713 NOTE/LOANAMOUNT 284,747.00 NOTE/LOANDATE: 12/05/2017 PAYTO THE ORDEROF: Pacific Union Financial, LLC wITHOU RECOURSE COMPANY NAME: United Mortgage C p. YORKCORPORATION AUTHORIZEDSIGNATURE: PRINTEDNAMEANDTITLE OFAUTHO lZED SIGNER: MARKROSENBLOOM, PRESIDENT