Preview
FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022
EXHIBIT B
FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022
m^ c- so.
NOTE I
Multistate
MERS MIN:
October 29, 2009
Pvovoncha Jr. Gerald
[Date]
1796 White Church Rd
Crown Point. NY 12928
|Propeny Address]
1. PARTIES
"Borrower" "Lender"
means each person signing at theend of thisNote, and the person'ssuccessors and assigns. means
Quicken Loans Inc.
and itssuccessors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loanreceived from Leader, Borrower promises to pay the principal
surn Three
ofEighty
Thousand Four Hundred Si xty and 00/100
Dollars (U.S.$ 83,460. 00 ),plusinterest,to the onferof lander. Interestwillbe charged on unpaid principal,
from the dateof disbursement of theloan proceeds by Lender, attherateof Five and One-Half
percent( 5.500 %) peryear until thefullamount of principalhas been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay issecured by a mortgage, deed of trustorsimilar securityinstrument that is datedthesame date
Instrument."
as thisNote and called the "Security The Security Instrument protectsthe Lender from losseswhich might resultif
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interestto Leader on the firstday of each month beginning on
Decenber , 2009 . Any principaland interestremaining on the first
day of Noventer ,
Date.''
2039 , willbe due on that date,which is called
the "Maturity
(B) Place
Payment shallbe made at P. 0. Box 553154, Detroit, MI 48255-3154
or atsuch place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principaland interestwillbe in theamount of U.S. $ 473.88 . Thisamount
will be part of a larger monthly payment required by the SecurityInstrument, that shallbe applied to principal,interestand
other items inthe order described in theSecurity Instmment.
(D) Allonge to thisNote for payment atUustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shallbe incorporated into and shallamend and supplement the covenants of thisNote as ifthe allonge were a part of
thisNote. [Check applicable box]
Graduated Payment Allonge Growing Equity Allonge Other [specify)
MultistateFixedRateNote 1
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5. BORROWER's RIGHT TO PREPAY
Borrower has the rightto pay the debt evidenced by this Note, in whole or in part,without charge or penalty, on the first
day of any month. Lender shallaccept prepayment on other days provided thatBorrower pays interest
on theamount prepaid for
the remainder of the month to theextent requiredby Lender and permitted by regulations ofthe Secretary. IfBorrower makes a
partialprepayment, there willbe no changes in thedue da:cor in the amount of the monthly payment unless Lender agrees in
writing tothose changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
IfLender has not received the fullmonthly payment required by the Security Instrument, as described inParagraph
4(C) of thisNote, by the end of fifteencalendar days afterthe payment isdue, Lender may collecta latecharge in the amount
of Four and No-Thousandths percent( 4. 000%) ofthe overdue amount of each payment.
(B) Default
If Borrower defaultsby failingto pay infull any monthly payment, then Lender may, except as limitedby regulations
of the Secretary inthe case of payment defaults,require immediate payment infull ofthe principal balance rernainingdue and
allaccrued interest.Lender may choose not to exercise thisoption without waiving itsrightsin the event of any subsequent
default.In many circumstances regulations issuedby the Secretarywill limit Lender's rights torequire immediate payment in
fullin thecase of payment defaults.This Note does not authorize accelerationwhen not permitted by HUD regulations.As used
"Secretary"
in thisNote, means theSecretary of Housing and Urban Development or hisor her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment infull,as described above, Lender may requireBorrower to pay costsand
attorneys'
expenses including reasonable and customary fees for enforcing thisNote tothe extent not prohibited by applicable
law. Such fees and costsshall bear from
interest thedate of disbursement at thesame rateas theprincipal ofthis Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
"Presentment" dishonor"
dishonor. means the rightto requireLender todemand payment of amounts due. "Notice of means the
rightto require Lender to givenotice to otherpersons thatamounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a differentmethod, any notice thatmust be given toBorrower under thisNote will be given
by delivering itor by mailing it by firstclass mail to Borrower atthe property address above or at a differentaddress if
Borrower has given Lender a notice ofBorrower's differentaddress.
Any notice thatmust be given to Lender under thisNote willbe given by firstclassmail to Lender at theaddress statedin
Paragraph 4(B) or address
at a different ifBorrower is givena noticeof thatdifferentaddress.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person is fully
and personally obligated to keep allof the promises made in
thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, suretyor endorser of thisNote is
also obligatedto do these things. Any person who takesover these obligations,including the obligations ofa guarantor, surety
or endorser of thisNote, is alsoobligated tokeep allof the promises made inthis Note. Lender may enforce itsrightsunder this
Note againsteach person individually or against allsignatoriestogether. Any one person signing thisNote may be required to
pay allof the amounts owed under thisNote.
IllIIIIIMIIMIllIllIEIIMilllMillH
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HAMultistateFixedRateNote 1
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BY SIGNING BELOW, Borrower accepts and agrees tothe terms and covenants contained in thisNote.
10/29/2009 (Seal) 10/29/2009 (Seal)
Gerald Pro cha, Jr. -Borrower Hanna h Pendel 1 -Bormwer
(seal) (seal)
-Borrower -Borrower
(Seal) (seal)
-Borrower -Borrower
(Seal) (seal)
-Borrower -Barrower
WIT O T REC U SE
WITHOUT RECOURSE
Pay To the Order of
' Bank of rica, NA
Q I LO S INC. -
QUI KEN IN .
By
R3,
s oÀao ON
CAPTURE MANAGER
PAY TOTHE ORDER OF
UT
RECOURSE
BANK
OFAMERICA, N.A. 0
MicNas a.ouncan
seNon vice pRE83DENT
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ALLONGE
Pay to the Order of:
Original Principal Amount: $ 83460.00
Dated: 10/29/2009
Made By: GERALD PROVONCHA
HANNAH PENDELL
Premises Secured: 1796 WHITE CHURCH RD
CROWN POINT NY 12928
Without Recourse:
CARRINGTON MORTGAGE SERVICES, LLC
By:
Name: Chris Lechtanski
Title: AVP-Default
FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022
Essex County
----
Joseph Provoncha
County Clerk
nuggnm Volm-1923 Pg-289
Instrument Number: 2009-00005068
As
Recorded On: November 03, 2009 Mortgage
Parties: PROVONCHA GERALD JR
To
Q UICKEN LOANS INC Billable Pages: 9
Recorded By: HOLCOMBE ABSTRACT CORPORATION Num Of Pages: 10
Comment:
** **
Examined and Charged as Follows:
Mortgage 86.00 Affidavit 5.00 Coversheet 5.00
Recording Charge: 96.00
Consideration
Amount Amount RS#/CS#
Mortgage Tax 1,018.75 83,450.00 DA 905 Basic 417.50
GROWNPOINT Local 208.75 Special Additional 208.75
Additional 183.75 Transfer 0.00
Tax Charge: 1,018.75
yItyPROPE Y I 0 ILL
See Book 416 of ASStS & SatS
Page 38 for ASSignment of Mtg.
To Bank of America N A
Dated: 08/27/2012.
** **
THIS PAGE IS PART OF THE INSTRUMENT
! I hereby certifythat thewithin and foregoing was recorded inthe Clerk's Office For: Essex County, NY
FIIe Information: Record and Return To:
Document Number: 2009- 00005068 JULIE CARROLL
Receipt Number: 69458 QUICKEN LOANS INC
Recorded Date/Time: November 03, 2009 09:15:00A 20555 VICTOR PARKWAY
Book-Vol/Pg: Bk-M VI-1923 Pg-289 LIVONIA MI 48152
Cashier / Station: B 7 / Cashler Station 1
Joseph A Provonchet
""°°" °°""* °'°*
SEE BOOK 458 OF ASSTS & SATS
PAGE 194 FOR ASSIGNMENT OF MTG
TO CARRINGTON MORTGAGE SERV LLC
DATED: 8/15/2016
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BDDK 1923 PAGE 290
Return To:
Julie Carroll
Quicken Loans Inc.
20555 Victor Parkey
Livonia, MI 48152
Prepared By:
Alissa Siegel
[Space Above This Line For Recording Datal
ofNew York
State
UGAGE
THIS MORTGAGE ("SecurityInstrument") isgiven on October 29, 2009 .
The Mortgagor isGerald Provoncha, Jr., a single nan and Hannah Pendell, a single
man .
whose address is10 Breezy Haven Way, Crown Point, NY 12928
("Borrower"). This Security Instrument isgiven to Mortgage ElectronicRegistration Systems, Inc. ("MERS"),
(solelyas nominee for Lender, as hereinafter
defined, and Lender's successorsand as mortgagee.
assigns), MERS is
organized and existing under thelaws of Delaware, and has an address and telephonenumberof3300S.W.34th
Avenne, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint,MI 48501-2026, tel.(888) 679-MERS. FOR
PURPOSES OF RECORDING TES MORTGAGE, MERS IS THE MORTGAGE OF RECORD.
,as
Nxb®r so Ie and existingunder the lawsof the State of Michigan , and
has an addressof20555 Victor Parkey, Livonia, MI 48152
. Borrower owes Leader the principal
sum of
Eighty Three Thousand Four Hundred Sixty and 00/100
Dollars(U.S. $83,460.00 ).
This debt is evidenced by Borrower's note dated the same date as this SecurityInstrument ("Note"), which
provides formonthly payments, with the full
debt,ifnot paid due
earlier, and payable onNovenber 1. 2039
. ThisSecurity Instrumentsecuresto Lender: (a) the repayment
of the debtevidenced by the
Note, with interest,and allrenewals, extensionsand modificationsof the Note; (b)the payment of allother sums,
Section: Block: Lot: ) I.000 Unit:
FRA New York Mortgage whh MERS - 4/96
WoltersKluwer Financial Services
VMP NN{NY) tor t 2)
_Amended 2/0
Page1 of 8 Initials:
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BOOK 1923 PAGE 291
with advanced under paragraph 7 to protect
the ofthisSecurityInstrument; and (c)the performance
interest, security
Borrower's covenants and agreements under this Instmment and the Note. For thispurpose, Borrower
of Security
does grant and to MERS as nominee for Lender and Lender's successors and
hereby mortgage, convey (solely
and to the successors and assigns of MERS, the following described property located in
assigns)
EsseX County, New York:
"A"
SEE EXHIBIT ATTACHED HERETO AND MADE A PART HERE0F.
SUBJECT TO COVENANTS OF RECORD.
which has the addressof 1796 White Church Rd istreetj
Crown Point New
icity), York 12928 izipcodel("PropertyAddress");
TOGETHER WITH all the improvements now or hereafter erectedon the property, and alleasements,
appurtenances and fixtures now or hereafter a partof the property. All replacements and additionsshall alsobe
"Property."
covered thisSecurityInstmment. All ofthe foregoingis referredto inthis
Security Instrument as the
by
Borrower understands and agrees that MERS holds only legaltitletothe interestsgranted by Bormwer in this
Instrument;but, ifnecessaryto comply with law orcustom, MERS, (as nominee for lander and Leader's
Security
successorsand assigns),has to exercise
the right: any or allofthose interests,
including,butnot limitedto, the right
to forecloseand sell
the Property;and to takeany actionrequiredof Lender including,but notlimited to, or
releasing
canceling thisSecurityInstrument.
BORROWER COVENANTS thatBorrower seized
is lawfully of conveyed
the estate hereby and has the rightto
mortgage, grant and theProperty and thatthe Propertyis unencumbered, except for encumbrances of record.
convey
Borrower warrantsand willdefend generallythe title
to theProperty againstallclaims and demands, subject toany
encumbrances ofrecord.
THIS SECURITY INSTRUMENT combines uniform covenants for nationaluse and non-uniform covenants
with limitedvariationsby jurisdiction
toconstitutea uniformsecurityinstrument coveringrealproperty.
Borrower and Lender covenantand agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interestand Late Charge. Borrower shallpay when due the principalof, and
intereston,the debtevidenced by the Note andlatecharges due under the Note,
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, togetherwiththe principaland as set forth
interest in the Noteand any latecharges,a sum for (a)taxesand
special assessments leviedor tobe leviedagainst the Property, (b) leaseholdpayments or ground rentson the
Property, and (c)premiums for insurancerequired under paragraph 4. Inany year in which the Iander must pay a
mortgage insurancepremium to the Secretaryof Housing and Urban Development or
("Secretary"), in any year in
which such premium would have been requiredifLender held
still theSecurity Instrument,each monthly payrnent
shallalso includeeither:(i)a sum forthe annual mortgage insurancepremium to be paidby Lender to the Secretary,
or a monthly
(ii) charge insteadof a mortgage insurancepremium ifthisSecurityInstrmnent is heldby theSecretary,
in a reasonable amount to be determined by theSecretary. Except forthe monthly charge by the Secretary,these
Items" Punds."
items arecalled"Escrow and the sumspaid toLender are called"Esemw
Leader may, atany time, collectand hold amounts for Escrow Items inan aggregate amount notto exceed the
maximum amount thatmay be requiredfor Borrower's escrow account under the Real EstateSettlementProcedures
Act of 1974, 12 U.S.C. Section2601 et .req.
and implementing regulations,24 CFR Part 3500, as they may be
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amended from time to time ("RESPA"), except thatthe cushion or reservepermitted by RESPA for unanticipated
disbursements or disbursements before theBorrower's payments are availableinthe account may not be based on
amounts due for the mortgageinsurance pmmium.
Ifthe amounts held by Lender forEscrow Items exceed theamounts permittedto be held by RESPA, Lender
shallaccount toBorrower forthe excessfunds as requiredby RESPA. Ifthe amounts of funds heldby lander at any
i time are notsufficientto paythe Escrow Items when due,Lender may notifythe Borrower and requireBorrower to
make up the shortage
as permittedby RESPA,
The Escrew Funds are pledged as additionalsecurityfor allsums secured by thisSecurity lastrument.If
Borrower tenden toI.ender payment
the full ofallsuch sums, Borrower's account shallbe creditedwith the balance
. remaining forall installment
items (a),(b),and (c)and any mortgage insurancepremium installmentthatLender has
not become obligated topay to the Secretary,and Lender shall promptly refund any excess funds to Borrower.
Irnmediatelyprior to a foreclosuresaleof the Property or itsacquisitionby Lender, Borrower's account shallbe
creditedwith any balanceremaining for all
installmentsforitems (a),(b),and (c).
3. Application ofPayments. All payments underparagraphs 1 and 2 shallbe appliedby Lender as follows:
Eiirs_t, to
the mortgage insurance premium to be paidby Lender to theSecretary orto themonthly charge by the
Secretaryinsteadof the monthly mortgage insurancepremium;
Second, to any taxes,specialassessments,leaseholdpayments or ground rents,and fire,flood and otherhazard
insurancepremiums, as required;
1ird, tointerest
due under the Note;
Fourth, to amortization
of the principal
of the Note;and
to late
Ei.fth, charges due under the Note.
4. Fire,Plood and Other Hazard Insurance. Borrower shallinsureallimprovements on the Property,whether
now in existence
or against and contingencies, for
fire, which -
subsequentlyerected, any hazards,casualties, including
Lender requiresinsurance. This insurance shall be maintained in the amounts and for the periods that Leader
requires.Borrower shallalso insureall improvements on theProperty, whether now in existenceor subsequently
erected,againstloss by floodsto theextent requiredby theSecretary.All insurance shallbe canied with companies
approved by Lender, The insurancepoliciesand any renewals shall
be held by Lender and shallincludelosspayable
clausesin favorof,and in a form acceptableto,Leader,
In the event
of loss,Borrower sliall
give Lender immediate noticeby mail. Leader may make proofof lossifnot
made promptly by Borrower. Each insurance company concerned is herebyauthorizedand directedto make payment
for such loss directlytoI.ender, insteadof to Borrower and to Lender jointly.All or any part of the insurance
proceeds may be appliedby Lender, at its
option, either(a)tothe reductionof the indebtednessunder the Note and
thisSecurityInstrument, to
first any delinquentamounts applied inthe orderin paragraph 3,and then to prepayment
of principal,or (b) tothe restorationor repairof the damaged Property. Any applicationof the proceeds tothe
principalshallnot extendor postpone the due dateof the monthlypayments which are referredtoin paragraph 2,or
change the amount of such payments. Any excessinsuranceproceeds over an amount requiredto pay alloutstanding
indebtednessunilerthe Note and thisSecurityInstrumentshallbe paid tothe entity
legallyentitledthereto.
. In the eventof.foreclosure
of thisSecurityInstrument or othertransferof title
to the Propertythatextinguishes
the indebtedness,all right,titleand interestof Borrower inand to insurancepolicies in forceshall pass tothe
purchaser.
5. Occupancy, Preservation, Maintenance and Protectionof the Property; Borrower's Loan Application;
Leaseholds. Borrower shalloccupy, establish,and use the Propertyas Borrower's principalresidencewithin sixty
days afterthe executionof thisSecurity Instrmnent(or withinsixty days ofa latersale ortransferof theProperty)
and shallcontinue to occupy the Property as Borrower's principalresidence forat leastone year afterthe dateof
occupancy, unlessIonder determinesthatrequirement willcause undue hardship forBorrower, orunless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Leader of any extenuating
cimumstances. Borrower shallnotcommit waste ordestroy,damage or change
substantially the Propertyor allowthe
Property to deteriorate,
reasonable wear and tearexcepted. Leader may inspect the Propertyifthe Propertyis vacant
or abandoned or theloan is indefault.Lender may takereasonable actionto protect and preservesuch vacant or
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abandoned Property. Borrower shall also be in defaultif Borrower, during the loanapplication process, gave
falseor inaccurate information or statementsto Lender (or failedto provide Lander with any material
materially
in connection with the loan evidenced by the Note, including, but not limitedto, representations
information)
Borrower's occupancy of the Property as a principal residence.If thisSecurity Instrument is on a
concerning
leasehold,Borrower shallcomply with the provisionsof thelease.IfBorrower acquires to
fee title the Property,the
leaseholdand fee title
shallnot be merged unlessLender agreesto the mergerin writing.
6. Condemnation. The proceedsof any award or claimfordamages, or
direct consequential,inconnection with
condemnation or other taking of any part ofthe Property, or for conveyance in place of condemnation, are
any
assigned and shallbe paidto Lender to the extentofthe fullamount of theindebtedness thatremains unpaid
hereby
under the Note and this SecurityInstmment. Lender shallapply such proceedsto the reductionof the indebtedness
under theNote and thisSecurity Instrument,firstto any delinquent amounts applied in the order provided in
paragraph 3, and thento prepayment of principal.
Any application
of the proceedsto shall
the principal notextend or
postpone the due dateof the monthly payments, which are referredtoin paragraph 2,or change the amount of such
payments, Any excessproceeds over an amount required topay alloutstanding indebtednessunder theNote and this
SecurityInstrument shallbe paidto theentitylegallyentitled
thereto.
7. Charges to Dorrower and Protection of Leader's Rights in the Property. Borrower shallpay all
governmental ormunicipal charges, finesand impositions thatarenot included inparagraph 2. Borrower shallpay
these obligationson time directlytothe entitywhich isowed the payment. Iffailureto pay would adversely affect
Lander's interestin the Property, upon Lender's request Borrower shall promptly furnish to Leader receipts
evidencing thesepayments.
IfBorrower to
fails make these payments or the paymentsrequiredby paragraph 2, orfailsto perform anyother
covenants and agreements contained inthisSecurityinstrument, or thereisa legalproceeding thatmay significantly
affectLender's rightsin the Property(such as a proceedingin bankruptcy, forcondemnation or toenforce laws or
regulations),then Leader may do and pay whatever is necessaryto protectthe value ofthe Property and Lender's
rightsin the Property,
including payment of taxes,hazardinsurance and otheritemsmentioned in paragraph2.
Any amounts disbursedby Lender under thisparagraph shall become an additionaldebt of Borrower and be
secured by this SecurityInstrument. These amounts shall bearinterestfrom thedate ofdisbursement, at the Note
rate,and at the option
of Leader, shallbe immediatelydue and payable.
Borrower shallpromptly discharge any lienwhich has priorityover thisSecurityInstrument unless Borrower:
(a) agreesin writing to the payment of the obligationsecured by the lien ina manner acceptable toLender; (b)
contests in good faith thelien by, or defends againstenforcement of the lien in;legalproceedings which in the
Lender's opinion operate to prevent the enforcement of the lien;or (c) securesfrom the holder of the lien an
agreement satisfactoryto I.4ndersubordinatingtheliento thisSecurityInstrument.IfLender determines thatany part
of the Property is subject to a lienwhich may attainpriority over thisSecurity Instrument, Lender may give
Borrower a noticeidentifyingthe lien.Borrower shallsatisfythelienor take one or more of the actionsset forth
above within 10 days ofthe givingof notice.
8 Fees.Leader may collectfees and charges
authorized by the Secretary.
9. Grounds forAcceleration of Debt.
(a)Default. Lender may, except as limitedby regulationsissued by theSecretary,in the caseof payment
defaults,requireimmediate payment in follofallsums secured by thisSecHity Instrumentif:
(i)Borrower defaultsby to pay
failing infull anymonthly payment requiredby thisSecurityInstrument
prior to oron the due date of
the nextmonthly payment, or
(ii)Borrower defaults
by failing,fora periodof thirtydays, to performany other obligationscontained
in thisSecurityInstrument.
(b) Sale Without Credit Approval. Lender shall,ifpermitted by applicablelaw (includingSection 341(d)
of the Garn-St. Germain Depository Institutions
Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior
approval of the Secretary,
require immediate payment infullof allsums securedby thisSecurity Instrument
if:
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BOOK 1923 PAGE 294
(i)Allor partof the Property,ora beneficial in a trust
interest owning allor partof the Property,is sold
or otherwisetransferred(otherthanby devise ordescent),and
(ii)The Property is notoccupied by the purchaseror grantee as hisor her principalresidence,or the
purchaser or grantee does so occupy the Property but his or her credithas not been approved in
accordancewith the requirementsof the Secretary.
(c)No Walver. Ifcircumstances occur thatwould permit Lender to requireimmediate payment infull,but
Lender does not requiresuchpayments, Lender does notwaive itsrightswithrespect tosubsequent events.
(d) Regulations of HUD Secretary. In many circumstancesregulationsissued by the Secretarywill limit
Lender's rights,in thecase of payment defaults,to requireimmediate payment in fulland forecloseifnot
paid. This Instrumentdoes not authorizeaccelerationor foreclosureifnot permittedby regulations
Security
of theSecretary.
(e)Mortgage Not Insured.Borrower agreesthat ifthisSecurityInstrumentand the Note are notdetermined
Preview
FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 EXHIBIT B FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 m^ c- so. NOTE I Multistate MERS MIN: October 29, 2009 Pvovoncha Jr. Gerald [Date] 1796 White Church Rd Crown Point. NY 12928 |Propeny Address] 1. PARTIES "Borrower" "Lender" means each person signing at theend of thisNote, and the person'ssuccessors and assigns. means Quicken Loans Inc. and itssuccessors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loanreceived from Leader, Borrower promises to pay the principal surn Three ofEighty Thousand Four Hundred Si xty and 00/100 Dollars (U.S.$ 83,460. 00 ),plusinterest,to the onferof lander. Interestwillbe charged on unpaid principal, from the dateof disbursement of theloan proceeds by Lender, attherateof Five and One-Half percent( 5.500 %) peryear until thefullamount of principalhas been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay issecured by a mortgage, deed of trustorsimilar securityinstrument that is datedthesame date Instrument." as thisNote and called the "Security The Security Instrument protectsthe Lender from losseswhich might resultif Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interestto Leader on the firstday of each month beginning on Decenber , 2009 . Any principaland interestremaining on the first day of Noventer , Date.'' 2039 , willbe due on that date,which is called the "Maturity (B) Place Payment shallbe made at P. 0. Box 553154, Detroit, MI 48255-3154 or atsuch place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principaland interestwillbe in theamount of U.S. $ 473.88 . Thisamount will be part of a larger monthly payment required by the SecurityInstrument, that shallbe applied to principal,interestand other items inthe order described in theSecurity Instmment. (D) Allonge to thisNote for payment atUustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shallbe incorporated into and shallamend and supplement the covenants of thisNote as ifthe allonge were a part of thisNote. [Check applicable box] Graduated Payment Allonge Growing Equity Allonge Other [specify) MultistateFixedRateNote 1 ...-.. v.....- e:----... c PageI of 3 FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 5. BORROWER's RIGHT TO PREPAY Borrower has the rightto pay the debt evidenced by this Note, in whole or in part,without charge or penalty, on the first day of any month. Lender shallaccept prepayment on other days provided thatBorrower pays interest on theamount prepaid for the remainder of the month to theextent requiredby Lender and permitted by regulations ofthe Secretary. IfBorrower makes a partialprepayment, there willbe no changes in thedue da:cor in the amount of the monthly payment unless Lender agrees in writing tothose changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments IfLender has not received the fullmonthly payment required by the Security Instrument, as described inParagraph 4(C) of thisNote, by the end of fifteencalendar days afterthe payment isdue, Lender may collecta latecharge in the amount of Four and No-Thousandths percent( 4. 000%) ofthe overdue amount of each payment. (B) Default If Borrower defaultsby failingto pay infull any monthly payment, then Lender may, except as limitedby regulations of the Secretary inthe case of payment defaults,require immediate payment infull ofthe principal balance rernainingdue and allaccrued interest.Lender may choose not to exercise thisoption without waiving itsrightsin the event of any subsequent default.In many circumstances regulations issuedby the Secretarywill limit Lender's rights torequire immediate payment in fullin thecase of payment defaults.This Note does not authorize accelerationwhen not permitted by HUD regulations.As used "Secretary" in thisNote, means theSecretary of Housing and Urban Development or hisor her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment infull,as described above, Lender may requireBorrower to pay costsand attorneys' expenses including reasonable and customary fees for enforcing thisNote tothe extent not prohibited by applicable law. Such fees and costsshall bear from interest thedate of disbursement at thesame rateas theprincipal ofthis Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of "Presentment" dishonor" dishonor. means the rightto requireLender todemand payment of amounts due. "Notice of means the rightto require Lender to givenotice to otherpersons thatamounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a differentmethod, any notice thatmust be given toBorrower under thisNote will be given by delivering itor by mailing it by firstclass mail to Borrower atthe property address above or at a differentaddress if Borrower has given Lender a notice ofBorrower's differentaddress. Any notice thatmust be given to Lender under thisNote willbe given by firstclassmail to Lender at theaddress statedin Paragraph 4(B) or address at a different ifBorrower is givena noticeof thatdifferentaddress. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person is fully and personally obligated to keep allof the promises made in thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, suretyor endorser of thisNote is also obligatedto do these things. Any person who takesover these obligations,including the obligations ofa guarantor, surety or endorser of thisNote, is alsoobligated tokeep allof the promises made inthis Note. Lender may enforce itsrightsunder this Note againsteach person individually or against allsignatoriestogether. Any one person signing thisNote may be required to pay allof the amounts owed under thisNote. IllIIIIIMIIMIllIllIEIIMilllMillH q03221426088 0140 330 0203 HAMultistateFixedRateNote 1 WoltersKluwerFinancialServices Page2 of 3 FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BY SIGNING BELOW, Borrower accepts and agrees tothe terms and covenants contained in thisNote. 10/29/2009 (Seal) 10/29/2009 (Seal) Gerald Pro cha, Jr. -Borrower Hanna h Pendel 1 -Bormwer (seal) (seal) -Borrower -Borrower (Seal) (seal) -Borrower -Borrower (Seal) (seal) -Borrower -Barrower WIT O T REC U SE WITHOUT RECOURSE Pay To the Order of ' Bank of rica, NA Q I LO S INC. - QUI KEN IN . By R3, s oÀao ON CAPTURE MANAGER PAY TOTHE ORDER OF UT RECOURSE BANK OFAMERICA, N.A. 0 MicNas a.ouncan seNon vice pRE83DENT IllIIIIIll IIlllMIllIIII I IIIIIII VMP1R10809 WaltersKluwerFinancialServices Page3 of 3 FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 ALLONGE Pay to the Order of: Original Principal Amount: $ 83460.00 Dated: 10/29/2009 Made By: GERALD PROVONCHA HANNAH PENDELL Premises Secured: 1796 WHITE CHURCH RD CROWN POINT NY 12928 Without Recourse: CARRINGTON MORTGAGE SERVICES, LLC By: Name: Chris Lechtanski Title: AVP-Default FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 Essex County ---- Joseph Provoncha County Clerk nuggnm Volm-1923 Pg-289 Instrument Number: 2009-00005068 As Recorded On: November 03, 2009 Mortgage Parties: PROVONCHA GERALD JR To Q UICKEN LOANS INC Billable Pages: 9 Recorded By: HOLCOMBE ABSTRACT CORPORATION Num Of Pages: 10 Comment: ** ** Examined and Charged as Follows: Mortgage 86.00 Affidavit 5.00 Coversheet 5.00 Recording Charge: 96.00 Consideration Amount Amount RS#/CS# Mortgage Tax 1,018.75 83,450.00 DA 905 Basic 417.50 GROWNPOINT Local 208.75 Special Additional 208.75 Additional 183.75 Transfer 0.00 Tax Charge: 1,018.75 yItyPROPE Y I 0 ILL See Book 416 of ASStS & SatS Page 38 for ASSignment of Mtg. To Bank of America N A Dated: 08/27/2012. ** ** THIS PAGE IS PART OF THE INSTRUMENT ! I hereby certifythat thewithin and foregoing was recorded inthe Clerk's Office For: Essex County, NY FIIe Information: Record and Return To: Document Number: 2009- 00005068 JULIE CARROLL Receipt Number: 69458 QUICKEN LOANS INC Recorded Date/Time: November 03, 2009 09:15:00A 20555 VICTOR PARKWAY Book-Vol/Pg: Bk-M VI-1923 Pg-289 LIVONIA MI 48152 Cashier / Station: B 7 / Cashler Station 1 Joseph A Provonchet ""°°" °°""* °'°* SEE BOOK 458 OF ASSTS & SATS PAGE 194 FOR ASSIGNMENT OF MTG TO CARRINGTON MORTGAGE SERV LLC DATED: 8/15/2016 FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BDDK 1923 PAGE 290 Return To: Julie Carroll Quicken Loans Inc. 20555 Victor Parkey Livonia, MI 48152 Prepared By: Alissa Siegel [Space Above This Line For Recording Datal ofNew York State UGAGE THIS MORTGAGE ("SecurityInstrument") isgiven on October 29, 2009 . The Mortgagor isGerald Provoncha, Jr., a single nan and Hannah Pendell, a single man . whose address is10 Breezy Haven Way, Crown Point, NY 12928 ("Borrower"). This Security Instrument isgiven to Mortgage ElectronicRegistration Systems, Inc. ("MERS"), (solelyas nominee for Lender, as hereinafter defined, and Lender's successorsand as mortgagee. assigns), MERS is organized and existing under thelaws of Delaware, and has an address and telephonenumberof3300S.W.34th Avenne, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint,MI 48501-2026, tel.(888) 679-MERS. FOR PURPOSES OF RECORDING TES MORTGAGE, MERS IS THE MORTGAGE OF RECORD. ,as Nxb®r so Ie and existingunder the lawsof the State of Michigan , and has an addressof20555 Victor Parkey, Livonia, MI 48152 . Borrower owes Leader the principal sum of Eighty Three Thousand Four Hundred Sixty and 00/100 Dollars(U.S. $83,460.00 ). This debt is evidenced by Borrower's note dated the same date as this SecurityInstrument ("Note"), which provides formonthly payments, with the full debt,ifnot paid due earlier, and payable onNovenber 1. 2039 . ThisSecurity Instrumentsecuresto Lender: (a) the repayment of the debtevidenced by the Note, with interest,and allrenewals, extensionsand modificationsof the Note; (b)the payment of allother sums, Section: Block: Lot: ) I.000 Unit: FRA New York Mortgage whh MERS - 4/96 WoltersKluwer Financial Services VMP NN{NY) tor t 2) _Amended 2/0 Page1 of 8 Initials: FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BOOK 1923 PAGE 291 with advanced under paragraph 7 to protect the ofthisSecurityInstrument; and (c)the performance interest, security Borrower's covenants and agreements under this Instmment and the Note. For thispurpose, Borrower of Security does grant and to MERS as nominee for Lender and Lender's successors and hereby mortgage, convey (solely and to the successors and assigns of MERS, the following described property located in assigns) EsseX County, New York: "A" SEE EXHIBIT ATTACHED HERETO AND MADE A PART HERE0F. SUBJECT TO COVENANTS OF RECORD. which has the addressof 1796 White Church Rd istreetj Crown Point New icity), York 12928 izipcodel("PropertyAddress"); TOGETHER WITH all the improvements now or hereafter erectedon the property, and alleasements, appurtenances and fixtures now or hereafter a partof the property. All replacements and additionsshall alsobe "Property." covered thisSecurityInstmment. All ofthe foregoingis referredto inthis Security Instrument as the by Borrower understands and agrees that MERS holds only legaltitletothe interestsgranted by Bormwer in this Instrument;but, ifnecessaryto comply with law orcustom, MERS, (as nominee for lander and Leader's Security successorsand assigns),has to exercise the right: any or allofthose interests, including,butnot limitedto, the right to forecloseand sell the Property;and to takeany actionrequiredof Lender including,but notlimited to, or releasing canceling thisSecurityInstrument. BORROWER COVENANTS thatBorrower seized is lawfully of conveyed the estate hereby and has the rightto mortgage, grant and theProperty and thatthe Propertyis unencumbered, except for encumbrances of record. convey Borrower warrantsand willdefend generallythe title to theProperty againstallclaims and demands, subject toany encumbrances ofrecord. THIS SECURITY INSTRUMENT combines uniform covenants for nationaluse and non-uniform covenants with limitedvariationsby jurisdiction toconstitutea uniformsecurityinstrument coveringrealproperty. Borrower and Lender covenantand agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interestand Late Charge. Borrower shallpay when due the principalof, and intereston,the debtevidenced by the Note andlatecharges due under the Note, 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, togetherwiththe principaland as set forth interest in the Noteand any latecharges,a sum for (a)taxesand special assessments leviedor tobe leviedagainst the Property, (b) leaseholdpayments or ground rentson the Property, and (c)premiums for insurancerequired under paragraph 4. Inany year in which the Iander must pay a mortgage insurancepremium to the Secretaryof Housing and Urban Development or ("Secretary"), in any year in which such premium would have been requiredifLender held still theSecurity Instrument,each monthly payrnent shallalso includeeither:(i)a sum forthe annual mortgage insurancepremium to be paidby Lender to the Secretary, or a monthly (ii) charge insteadof a mortgage insurancepremium ifthisSecurityInstrmnent is heldby theSecretary, in a reasonable amount to be determined by theSecretary. Except forthe monthly charge by the Secretary,these Items" Punds." items arecalled"Escrow and the sumspaid toLender are called"Esemw Leader may, atany time, collectand hold amounts for Escrow Items inan aggregate amount notto exceed the maximum amount thatmay be requiredfor Borrower's escrow account under the Real EstateSettlementProcedures Act of 1974, 12 U.S.C. Section2601 et .req. and implementing regulations,24 CFR Part 3500, as they may be IllilllMillli llNigllgllMME q03221425066 0233 332 0306 InhFals: VMP ®-4N{NY) tosoeLog eage2 w a FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BOOK 1923 PAGE 292 amended from time to time ("RESPA"), except thatthe cushion or reservepermitted by RESPA for unanticipated disbursements or disbursements before theBorrower's payments are availableinthe account may not be based on amounts due for the mortgageinsurance pmmium. Ifthe amounts held by Lender forEscrow Items exceed theamounts permittedto be held by RESPA, Lender shallaccount toBorrower forthe excessfunds as requiredby RESPA. Ifthe amounts of funds heldby lander at any i time are notsufficientto paythe Escrow Items when due,Lender may notifythe Borrower and requireBorrower to make up the shortage as permittedby RESPA, The Escrew Funds are pledged as additionalsecurityfor allsums secured by thisSecurity lastrument.If Borrower tenden toI.ender payment the full ofallsuch sums, Borrower's account shallbe creditedwith the balance . remaining forall installment items (a),(b),and (c)and any mortgage insurancepremium installmentthatLender has not become obligated topay to the Secretary,and Lender shall promptly refund any excess funds to Borrower. Irnmediatelyprior to a foreclosuresaleof the Property or itsacquisitionby Lender, Borrower's account shallbe creditedwith any balanceremaining for all installmentsforitems (a),(b),and (c). 3. Application ofPayments. All payments underparagraphs 1 and 2 shallbe appliedby Lender as follows: Eiirs_t, to the mortgage insurance premium to be paidby Lender to theSecretary orto themonthly charge by the Secretaryinsteadof the monthly mortgage insurancepremium; Second, to any taxes,specialassessments,leaseholdpayments or ground rents,and fire,flood and otherhazard insurancepremiums, as required; 1ird, tointerest due under the Note; Fourth, to amortization of the principal of the Note;and to late Ei.fth, charges due under the Note. 4. Fire,Plood and Other Hazard Insurance. Borrower shallinsureallimprovements on the Property,whether now in existence or against and contingencies, for fire, which - subsequentlyerected, any hazards,casualties, including Lender requiresinsurance. This insurance shall be maintained in the amounts and for the periods that Leader requires.Borrower shallalso insureall improvements on theProperty, whether now in existenceor subsequently erected,againstloss by floodsto theextent requiredby theSecretary.All insurance shallbe canied with companies approved by Lender, The insurancepoliciesand any renewals shall be held by Lender and shallincludelosspayable clausesin favorof,and in a form acceptableto,Leader, In the event of loss,Borrower sliall give Lender immediate noticeby mail. Leader may make proofof lossifnot made promptly by Borrower. Each insurance company concerned is herebyauthorizedand directedto make payment for such loss directlytoI.ender, insteadof to Borrower and to Lender jointly.All or any part of the insurance proceeds may be appliedby Lender, at its option, either(a)tothe reductionof the indebtednessunder the Note and thisSecurityInstrument, to first any delinquentamounts applied inthe orderin paragraph 3,and then to prepayment of principal,or (b) tothe restorationor repairof the damaged Property. Any applicationof the proceeds tothe principalshallnot extendor postpone the due dateof the monthlypayments which are referredtoin paragraph 2,or change the amount of such payments. Any excessinsuranceproceeds over an amount requiredto pay alloutstanding indebtednessunilerthe Note and thisSecurityInstrumentshallbe paid tothe entity legallyentitledthereto. . In the eventof.foreclosure of thisSecurityInstrument or othertransferof title to the Propertythatextinguishes the indebtedness,all right,titleand interestof Borrower inand to insurancepolicies in forceshall pass tothe purchaser. 5. Occupancy, Preservation, Maintenance and Protectionof the Property; Borrower's Loan Application; Leaseholds. Borrower shalloccupy, establish,and use the Propertyas Borrower's principalresidencewithin sixty days afterthe executionof thisSecurity Instrmnent(or withinsixty days ofa latersale ortransferof theProperty) and shallcontinue to occupy the Property as Borrower's principalresidence forat leastone year afterthe dateof occupancy, unlessIonder determinesthatrequirement willcause undue hardship forBorrower, orunless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Leader of any extenuating cimumstances. Borrower shallnotcommit waste ordestroy,damage or change substantially the Propertyor allowthe Property to deteriorate, reasonable wear and tearexcepted. Leader may inspect the Propertyifthe Propertyis vacant or abandoned or theloan is indefault.Lender may takereasonable actionto protect and preservesuch vacant or EltlElll(illMilElillMIlllill q032214260a8 4233 332 0308 VMP®-4NtNY) tosoenot Pagea ora FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BD0K 1923 PAGE 293 abandoned Property. Borrower shall also be in defaultif Borrower, during the loanapplication process, gave falseor inaccurate information or statementsto Lender (or failedto provide Lander with any material materially in connection with the loan evidenced by the Note, including, but not limitedto, representations information) Borrower's occupancy of the Property as a principal residence.If thisSecurity Instrument is on a concerning leasehold,Borrower shallcomply with the provisionsof thelease.IfBorrower acquires to fee title the Property,the leaseholdand fee title shallnot be merged unlessLender agreesto the mergerin writing. 6. Condemnation. The proceedsof any award or claimfordamages, or direct consequential,inconnection with condemnation or other taking of any part ofthe Property, or for conveyance in place of condemnation, are any assigned and shallbe paidto Lender to the extentofthe fullamount of theindebtedness thatremains unpaid hereby under the Note and this SecurityInstmment. Lender shallapply such proceedsto the reductionof the indebtedness under theNote and thisSecurity Instrument,firstto any delinquent amounts applied in the order provided in paragraph 3, and thento prepayment of principal. Any application of the proceedsto shall the principal notextend or postpone the due dateof the monthly payments, which are referredtoin paragraph 2,or change the amount of such payments, Any excessproceeds over an amount required topay alloutstanding indebtednessunder theNote and this SecurityInstrument shallbe paidto theentitylegallyentitled thereto. 7. Charges to Dorrower and Protection of Leader's Rights in the Property. Borrower shallpay all governmental ormunicipal charges, finesand impositions thatarenot included inparagraph 2. Borrower shallpay these obligationson time directlytothe entitywhich isowed the payment. Iffailureto pay would adversely affect Lander's interestin the Property, upon Lender's request Borrower shall promptly furnish to Leader receipts evidencing thesepayments. IfBorrower to fails make these payments or the paymentsrequiredby paragraph 2, orfailsto perform anyother covenants and agreements contained inthisSecurityinstrument, or thereisa legalproceeding thatmay significantly affectLender's rightsin the Property(such as a proceedingin bankruptcy, forcondemnation or toenforce laws or regulations),then Leader may do and pay whatever is necessaryto protectthe value ofthe Property and Lender's rightsin the Property, including payment of taxes,hazardinsurance and otheritemsmentioned in paragraph2. Any amounts disbursedby Lender under thisparagraph shall become an additionaldebt of Borrower and be secured by this SecurityInstrument. These amounts shall bearinterestfrom thedate ofdisbursement, at the Note rate,and at the option of Leader, shallbe immediatelydue and payable. Borrower shallpromptly discharge any lienwhich has priorityover thisSecurityInstrument unless Borrower: (a) agreesin writing to the payment of the obligationsecured by the lien ina manner acceptable toLender; (b) contests in good faith thelien by, or defends againstenforcement of the lien in;legalproceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or (c) securesfrom the holder of the lien an agreement satisfactoryto I.4ndersubordinatingtheliento thisSecurityInstrument.IfLender determines thatany part of the Property is subject to a lienwhich may attainpriority over thisSecurity Instrument, Lender may give Borrower a noticeidentifyingthe lien.Borrower shallsatisfythelienor take one or more of the actionsset forth above within 10 days ofthe givingof notice. 8 Fees.Leader may collectfees and charges authorized by the Secretary. 9. Grounds forAcceleration of Debt. (a)Default. Lender may, except as limitedby regulationsissued by theSecretary,in the caseof payment defaults,requireimmediate payment in follofallsums secured by thisSecHity Instrumentif: (i)Borrower defaultsby to pay failing infull anymonthly payment requiredby thisSecurityInstrument prior to oron the due date of the nextmonthly payment, or (ii)Borrower defaults by failing,fora periodof thirtydays, to performany other obligationscontained in thisSecurityInstrument. (b) Sale Without Credit Approval. Lender shall,ifpermitted by applicablelaw (includingSection 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary, require immediate payment infullof allsums securedby thisSecurity Instrument if: I IRRIEIMMMlIllllIIIlllllH q03222.426088 0233332 0408 loEtlals: VMP®-4N(NY) tosoe.ot rene4 of a FILED: ESSEX COUNTY CLERK 10/19/2022 11:36 AM INDEX NO. CV22-0382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2022 BOOK 1923 PAGE 294 (i)Allor partof the Property,ora beneficial in a trust interest owning allor partof the Property,is sold or otherwisetransferred(otherthanby devise ordescent),and (ii)The Property is notoccupied by the purchaseror grantee as hisor her principalresidence,or the purchaser or grantee does so occupy the Property but his or her credithas not been approved in accordancewith the requirementsof the Secretary. (c)No Walver. Ifcircumstances occur thatwould permit Lender to requireimmediate payment infull,but Lender does not requiresuchpayments, Lender does notwaive itsrightswithrespect tosubsequent events. (d) Regulations of HUD Secretary. In many circumstancesregulationsissued by the Secretarywill limit Lender's rights,in thecase of payment defaults,to requireimmediate payment in fulland forecloseifnot paid. This Instrumentdoes not authorizeaccelerationor foreclosureifnot permittedby regulations Security of theSecretary. (e)Mortgage Not Insured.Borrower agreesthat ifthisSecurityInstrumentand the Note are notdetermined