Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
EXHIBIT 3
FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
as es
... ca, n NOTE = o
swbruary 23 ,2005 SHITHOWN New York
lDate) [City] [Statel
177 26 URSDIA ROAD, . ,ST. ALBANS, NY 11434
|Property Address]
L BORROWER'S PROMISE TO PAY
250 , 000 . 00
In retum for a loan that 1have received,I promise to pay U.S. $(Itus amountis called
"Principal"). plus mterest,to the orda of the Ixuder. The tander is
10dC ICRTCAGE CORP. ..--
I will rnakeall paymentsunder ilus Note in the form of cash,checkor moneyorder.
I understandthat the Leader may transfer thasNote. The Lenderor anyone who takesthis Note by transfer
Holder."
and who is entitled to receivepaymentsunder this Note is called the"Note
2.INTEREST
be chargedon impaid principal until the fult amount of Pnncipal hasbeen paid. I will pay
Interest will
6. 490
interestat a yearly cateof °/o.
Theinterest raterequired by this Section2 is the rate I win pay both before andafter any accaultdescribed
in Secoon6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by teaking a paymentevery month.
1 willmake my monthly paymenton the 1st day of each rnonth begirmmg on
April 1, 2005 . 1 will rnakethesepaymentsevery month until I havepaid all
of the precipal and interest and any other chargesdescribedbelow that I may owe under this Note. Each monthly
be applied as of its scheduled due date and will
payment will be applied to interest before Principal
If on
March 1, 2035 . I still owe arnountsunderthis Note, I will pay thoseacounts
Date."
in fuUon that date, wtuch is called the "Matiuity
6501 XRVINE CENTER DRIVE ,
I will umke my re oathly payrnentsar IRVINE ,CA 92618
or st a different place if required by fbeNote Hokier.
Payments
(B) Amount of Monthly
My monthly payrncntwin be in the smount of U.S. 5
1 , 578 . 53
4. BORROWER's IUGHT TO PREPAY
1haw the right to make payments of Principal at any tune before they are due. A payment of Principal
"Prepayment."
only is known as a When 11nakea Prepayment,I will tell the Note 11olderin wtiting that I am domg
so. I may not designatea paymentasa PrepaymengafI havenot madeall the monthly paymentsdue under the Note.
Prepaymentar partial Prepaymentswubout paying a Prepaymentcharge.The Note
1 may make a full
Holder wil) use rny Prepaymentato reducethe amountof Principal that I owe under itus Note. klowever, the Note
Holder nay apply my Prepaymentto the accruedand unpaid interest on the Prepaymentamount, befbre applying
my Prepaymentto reducethe Prmcipal amountof the Note. If 1nake apartial Prepayrnent.therewin be no changes
anthe due da:cor usitic amountof my monthly paymcat unlessthe Note Holder agreesin writing to thosechanges.
5. LOAN CHARGES
If a law, which appliesto this loan and which setsrnananon loan charges,is finally mterpretedso that the
mterest or other loan chargescollected or to be collected in cosmuctionwith this loan exceedthe penmtted limits,
Iben: (a) any alch loan chargeshall be reduced by the amount necessaryto reducethe chargeto the pertnitted limit;
and {b) any sums aheady collected from me which exceededperrnitted lurnts will
be refundedto me. Us
Note
Holder may choose to rnake this refund by reducing the Prmcipal I owe under this Note or by making a direct
paymentto nx. If a refundreducesPrincipal, the reduction will be treatedasa partial Prepayment.
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FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
6 HORROWFES FAILURE 10 I'AY AS REQUIRED
(A) Late Charge for Overdue Payments
If theNote Holder hasnot receivedthe full amount ofany monthly paymen1by the end of
15
calendar days after 1bedate it is duc, I will pay a late chargeto the Note Holder. The amountof the cliassewill
be
2 . 000 % of tily overdiscpaymentof prmcapaland utterest I will pay this late chairgeprornptly btstonly
onceon cash late papnent.
(B) Default
If Ido not pay the thil amountof eachmonthly payment on the dateit is due, I will be ta default.
(C) Notice of Default
If I am in default, the Notc Holder may scral me a wnitca notice telling ree that if I do not pay the overdue
amount by a certain date, the Note Hokicz Inay require me to pay unmediately the lull amountof Pnnapal which
has not beenpaid and all the mterestthat I owe on tha1amount, That datostant be at least 30 dayaafter ibe dateon
which the notice is mailed to meor deliveredbr other nicans.
(D) No Walver By Note Rolder
liven if, at a tune whenI am in defauh, sheNoic Holdesdoesnot sequireme to pay itumedmtely in lidl as
demenbedabove, the Note Holder wdl stal havethe ngbt to do soif I am in defauhst a later nme
(E) Fayment of Note Holder's Costs and Expensea
If the Note IIolder has requued me to pay immediately in full as describedabove, the Note Holder wtil
have the right ro be paid back by me for all of its costs and expenseain enforcing alusNote to the calent not
protubited by applicable law. Thoseexpensesinclude, tot exatnple,reasonableadorneys' fees
7. GIVING OF NOTICES
Union applicable law reguncaaditTcrcut method, any notisc that must be given to me uiuier this Note w ill
be given by dchwering it of by mallmg it by first class mail to me at the Property Adds
aluwe or at a different
addressif I give the Note Holder a noticeof my dkfierentaddress.
Any notice trut rnust be given to the Note Holder uttder this Note will
be given by deliveritig it or by
nuuling at by futt cis
nsadto the Note Holder at the addressstatedin SecUon3(A) aboveor at a ditterent addrcsa
if 1am given a notice of tha: different addren.
8. OBLICATIONS OF PERSONS (JNDER THIS NOTE
If more than one perwn upn
thin Note, cach person is fully
am1persenally obligated to keep all of the
pmouses zmde in this Note, includmg the promise to pay the full amount owed. Any person who a a guaranror,
surety or endorsezof thu: Note is also obligated to do thesethmgs. Any personwho takesover these obligations,
includmg the obugationsof a guarantor,surety or endorserof this .Note,is abo obligatedto keep all of thepmmises
made in thrs Nore The Note Holder rmy enforce in
rights under this Note agaitut each person
undividually or
agasat all of us together
as meansthat any one of to rim
be required to pay all of the amountsom:d underthis
Note.
9, WAIVERS
I and any othesper.«mwho hasobi gations under fl•is Note waive the rights of Presentme4tt
and Nonce of
"Presentment"
D:sitonor, meansthe right to require the Note Holder to demandpaymentof annoimtsdue. "Notice of
Dishonor" right
itx:ans the to require the Note FIoldeslo give nonce to otlier personsthat amounts duc havo nor
betmpai
10, UNIFORM SECURED NOTE
Tha Note is a umform instrument with
limitedvariations m some jurisdictiom
in addinon to the
protocaionspven to the Noic ifoldst
uruler this Note, a Mortgage, Decd of Trust, or 5ecunty Decd (the
"Security
instrument"), dated thesamedateas thesNote. pmtects the Note Holder from possible fosseswhich night resuh if 1
do not keep the promises wluch 1 rnake in thu Note. ‰t
Security Insatumentdesenbeshow and under what
conditions I may be required to make nrmwdiatepayment ta full of all amounk I owe under ilmsNote. Some of
thoseconditions are dennhed as followe
Lctider may require imroediatepayment m lull of all SumsSecured
by tlus Secunty Insinumat if
all or any pastof the Propeny, or if any right m the P4uperty,is sold or transfertettwithout
Letuler's prior
written pemussion
lfBorrower is not a natural person and a henefical interest in Borrower a
sold or
tramferred nithout Lender's prior written pennission, Lendct also may Tequireinunediatepayment in full.
However,this
option shall not beexercrsedby Leader tf suclicaerciseis protubited by Applicable lasw.
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FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
It Leader requires Emmedmtepaymentm tull underthts Secnon I8, 12ndctwill
givenr anonce
wd! gwe me at least30 days to makethe requiredpayment.We
winch statesitus requirercent.ne
notix
30-dayperiod will begunon the daic the notice a swco to ruein the manner required by Secuon 15of h
If I do not make the required paymerndunng that penod, lander may act to caforce
Security Intnanes.
is rights under &
Security Ingruincat withour giving ine any turther notice at sta=•ad for payment
WITNESS THE HANDCS)AND S ) OF TifE UNERSLGNED.
/// fã - gh f, 2-23-tr
- Borrower WALTER McDOWELL - Date -
(SiP Origeral Only}
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FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
ADDENDUM TO NOTE
PREPAYMENT PENALTY - lilRST12 MONTHS
serviving4: r.ona smnur:
nis Addendumis amdetids
23rd day of February.2005 . and is ancorporated
ina and shall he deemedto arnendand supple:mat the h ote of the samedate given by theundersigned(ébe"Borrower") to
wHe Mouraman conP.
covenng the property describedin thcSecunty instrumentmilocated
(the"Leafer") et:
177 26 URSINA RCAD, . ST .ALBANS, NT 11434
[Property Address]
To the extent that the provisions of this Prepay:mat Note Addendum (the "Addendaun") are inconsistengwith the
provisions of the Security insmunear and/or the Name.the povisions of uns Addendurnshall prevail over and shall supercedc
any snchinconshtentprovisions oftbe Secunty (nstnunentand/ot theNote.
Section 4 of the Note is anwaded1nread in its entirety asfollows:
BORROWER'S RICHT TO PREPAY
I have the right. to nake paymentsof principal at any tirne before they are due. A prepaymentof all of the unpaid
precipalin known as a "fo11 prepayment"
A prepayment of only pan of the unpaid pnncipal u
known as a "partial
prepayracut".
Except as pmvided below, I nay teake a full pepayment ar a panial prepaymentat any tkne.
If 1nake arry partial
prepayznent,[ muststUI reakeesch laterpsyment as it beconassdue sad in the sameamount lvnaynaaka a full prepaymentat
any time. flowever; if within the first twelve (12) months aAer theexecution of the Note, Itnake say prepayrnent(s),fbe total
exceeds
ariounterwhich Twenty percent ( 2.0.000 %) of the original principal
amountof this tons, I will psy a prepaymearclungein an amotentequalto ifrepaytocutof
Sia
6 rnonths'
adverteeinterest on
the amount by
( ) whicl:thetota( of
my prepaymenf(s) within
that (2-month period exceedsT
nty percent( 20.00D %) of the otagulalprincipal
- Bo rrower - WALTER NÔDoHELL - Date -
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FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/22/2020
STATE OF New York)
)ss:
COUNTY OF Suh)
On February 23, 2005, before me. the undersigned. personally
uppeared WAL1ER MCDOWELL , personally
known to me or proved to me on the bans of satisfactory evidence to be the individuals
whose names art subsenbed to the
withm mstrument and acknowledgedto ree that be/she/they exceuted the same in
his/her/their and that by
capacitics
the individuals.
signatures on the insnument,
his/her/their of
or the person upon behalfwluch the individuals
acted,
executed the awtrument.
Notary Public
Roprm A FEWOTTA
Nota•y PnC.Sam 'd fhe
3ç.;JfnV to Uttfldd C(idft