On May 16, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association,
and
Ally Bank,
Beverly A. Grant,
Carlton G. Grant,
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,
John Doe
#1 Through #6, And,
Midland Funding Llc,
Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
EXHIBIT A
FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
MIN: Loan Number:
NOTE
FHA Case No.
JUNE 15 , 2010 WESTBURY NEWYORK
[Date] [City] [State]
2 BLEMTONPLACE, HEMPSTEAD, NEWYORK 11550
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender" means ICC MORTGAGE SERVICES
and its successors and assigns.
2. PROMISETO PAY; INTEREST
BORROWER'S
In return for a loan received from Lender, Borrower promises to pay the principal sum of
TWOHUNDREDTWENTY-NINETHOUSANDSEVENHUNDREDSIXTY-ONE AND
00 /100 Donars (U.S. $ 229, 761. 00 ),
plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of
the loan proceeds by Lender, at the rate of FIVE AND 500 /1000 percent
( 5 . 500 %) per year until the full amount of principal has been paid.
3. PROMISETO PAYSECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
Instrument." the Lender from
the same date as this Note and called the "Security The Security Instrument protects
losses which might result if Borrower defaults under this Note.
4. OF PAYMENT
MANNER
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1st day ofeach month beginning
on AUGUST1, 2 010 . Any principal and interest remaining on the 1st day of
Date."
JULY, 2040 , will be due on that date, which is called the "Maturity
(B) Place
Payment shall be made at 1600 STEWARTAVENUE, WESTBURY, NEWYORK 11590
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 1, 304 . 56
This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to
principal, interest and other items in the order described in the Security Instrument.
(D) Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants
of the allonge shall be incorporated into and shall amendand supplement the covenants ofthis Note as if the allonge
were a part of this Note.
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FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
(Check applicable box.)
¡ Growing Equity Allonge
¡ Graduated Payment Allonge .
¡ Other [specify]:
5. RIGHT TO PREPAY
BORROWER'S
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest
on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations
of the Secretary. If Borrower makesa partial prepayment, there will be no changes in the due date or in the amount
of the monthly payment unless Lender agrees in writing to those changes.
6. FAILURETO PAY
BORROWER'S
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount of FOUR AND 0 0 0 / 10 0 0 percent ( 4 . 00 0 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full ofthe principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in
Lender' s
the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit
rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration
when not permitted by HUDregulations. As used in this Note, " Secretary" means the Secretary of Housing and
Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs
attorneys'
and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note.
7. WAlVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Presentment" meansthe right to require Lender to demand payment of amounts due. "Notice of
Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a
Borrower'
different address if Borrower has given Lender a notice of s different address.
Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first
class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of
that different address.
9. OBLIGATIONSOFPERSONS
UNDERTHIS NOTE
If more than one person
signs this Note, each person is fully and personally obligated to keep all of the promises
made in Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
this
endorser of this Note is also obligated to do these things. Any person who takes 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
- FHAFIXED RATENOTE
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FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
this Note. Lender may enforce its rights under this Note against each person individually or against all signatories
together. Any one person signing this Note maybe required to pay all of the amounts owed under this Note.
BY SIGNINGBELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
7 (Seal) (Seal)
CARLTONG. GRANT -Borrower BEVERLYA. GRANT -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
OR G NAL
[Sign Original Only]
MULTISTATE - FHA FlXED RATENOTE DocMagic £Ramma 800-649-1s62
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FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024
ALLONGE
Loan Number:
Borrower: CARLTON
G. GRANT, BEVERLYA.
GRANT
Loan Amount: $229, 761. 00
Property Address:
2 BLEMTON
PLACE
HEMPSTEAD, NEWYORK11550
PAYTOTHEORDER OF
U. S. BANKNATIONALASSOCIATION
O
Without Recourse
ICC MORTGAGE
SERVICES
Company Name
By:
Signature
Printed Name
Title
Pay to the Order of
Pay to the order of
Without Recourse
U.S. Bank National
Association
U.S. Deation I Association
Laura Weber
Teresa Bulver
Assistant Vice President
VIce President
MULTISTATENOTEALLONGE DocMapedilUterms 800-e49-1362
08106/03 www.dbenm$c.com
Document Filed Date
May 16, 2024
Case Filing Date
May 16, 2024
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 EXHIBIT A FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 MIN: Loan Number: NOTE FHA Case No. JUNE 15 , 2010 WESTBURY NEWYORK [Date] [City] [State] 2 BLEMTONPLACE, HEMPSTEAD, NEWYORK 11550 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means ICC MORTGAGE SERVICES and its successors and assigns. 2. PROMISETO PAY; INTEREST BORROWER'S In return for a loan received from Lender, Borrower promises to pay the principal sum of TWOHUNDREDTWENTY-NINETHOUSANDSEVENHUNDREDSIXTY-ONE AND 00 /100 Donars (U.S. $ 229, 761. 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND 500 /1000 percent ( 5 . 500 %) per year until the full amount of principal has been paid. 3. PROMISETO PAYSECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated Instrument." the Lender from the same date as this Note and called the "Security The Security Instrument protects losses which might result if Borrower defaults under this Note. 4. OF PAYMENT MANNER (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day ofeach month beginning on AUGUST1, 2 010 . Any principal and interest remaining on the 1st day of Date." JULY, 2040 , will be due on that date, which is called the "Maturity (B) Place Payment shall be made at 1600 STEWARTAVENUE, WESTBURY, NEWYORK 11590 as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 1, 304 . 56 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amendand supplement the covenants ofthis Note as if the allonge were a part of this Note. - FHAFlXED RATENOTE MULTISTATE DocMagic ¬Romasoo-649-1362 USFHA.NTE09/25/09 Page 1 of 3 www.ddcmagic.com FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 (Check applicable box.) ¡ Growing Equity Allonge ¡ Graduated Payment Allonge . ¡ Other [specify]: 5. RIGHT TO PREPAY BORROWER'S Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makesa partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. FAILURETO PAY BORROWER'S (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 0 0 0 / 10 0 0 percent ( 4 . 00 0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full ofthe principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in Lender' s the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUDregulations. As used in this Note, " Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs attorneys' and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAlVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" meansthe right to require Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a Borrower' different address if Borrower has given Lender a notice of s different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONSOFPERSONS UNDERTHIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or this endorser of this Note is also obligated to do these things. Any person who takes 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 - FHAFIXED RATENOTE MULTISTATE DocMagic tRwwas 800-e49-1362 USFHA.NTE09/25/09 Page 2 of 3 www.docmagic.com FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note maybe required to pay all of the amounts owed under this Note. BY SIGNINGBELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. 7 (Seal) (Seal) CARLTONG. GRANT -Borrower BEVERLYA. GRANT -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower OR G NAL [Sign Original Only] MULTISTATE - FHA FlXED RATENOTE DocMagic £Ramma 800-649-1s62 USFHA.NTE 09/25/09 Page 3 of 3 www.docmagic.com FILED: NASSAU COUNTY CLERK 05/16/2024 10:03 AM INDEX NO. 608538/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/16/2024 ALLONGE Loan Number: Borrower: CARLTON G. GRANT, BEVERLYA. GRANT Loan Amount: $229, 761. 00 Property Address: 2 BLEMTON PLACE HEMPSTEAD, NEWYORK11550 PAYTOTHEORDER OF U. S. BANKNATIONALASSOCIATION O Without Recourse ICC MORTGAGE SERVICES Company Name By: Signature Printed Name Title Pay to the Order of Pay to the order of Without Recourse U.S. Bank National Association U.S. Deation I Association Laura Weber Teresa Bulver Assistant Vice President VIce President MULTISTATENOTEALLONGE DocMapedilUterms 800-e49-1362 08106/03 www.dbenm$c.com