Preview
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
EXHIBIT B
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
... as n NOTE
February 23, 2005 SMITHOifN Near York
(Datc} [City] [Statel
177 26 URSINA ROAD, . ,St ALBANS, NY 11434
[Property Address]
L BORROWER'S PROMLSE TO PAY
In retum for a loan that Ihave received,I promise to payU.S. $
250, 000. 00 (this amountis called
"Principal"), plus interest,ro the order of the Ecuder.The Leader is
MAC idbRTGAGE CORP. ,
I will makeall paymentsunder this Note inthe fortn of cash,checkor money order.
I understandthat the Lender may transferthis Note. The Lender or anyonewho takesthis Note by transfer
and who is entitled to receive paymentsunder this Note is caBedthe"Note Holder."
2.INTEREST
Interest will
be chargedon unpaid principal until the full amount of Prmcipal bas been paid. I will pay
interestat a yearly rate of
6. 490 %.
Theioterest rate required by this Section2 is the rate I will pay hoth before andafter any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and PIsce of Payments
I will pay principal and interest by making a paymentevery month.
1 willmake my monthly payment otithe 1st day of each month beginning on
April 1, 2005 . 1 will make thesepaymentsevery month until I bavepaid all
of the prmcipal and interest and any other chargesdescribedbelow that I may owe under this Note, Each monthly
payment will
be applied as of its sobeduled due date and will
be applied to interest before Principal. If
on
March 1, 2035 .1 still owe amountsunder this Note, I will pay thoseassounts
Date."
in full on that date, which is called the "Matmity
I will make my monthly paymentsar
6501 IRVINE CENTER DRIVE , XRVINE ,CA 92618
or at a different placeifrequired by theNote Holder.
(B) Amount of Monthly
Payments
My monthly payrnentwill be in the amountof U.S. 5
1, 578.53
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payrnentof Principal
"Prepayment."
only is known as a When Imake a Prepayment,I will tcH theNote Holder in wtfting that I am doing
so. I may not desigantea paymentasa Prepayments
if I havenotmade all the monthly payuznts due under theNote.
I may make a full
Prepaymentar partial Prepaymentswithout paying a Prepaymentcharge.The Note
Holder will
use my Prepaymentsto reducethe amountof Principal that I owe under this Note.
However, the Note
Holder may apply my Prepayment.to the accruedand unpaid interest on the Prepaymentamount,before
applytng
my Prepaymentto
reducethe amountof
Prmcipal theNote.
If I ruakea partial Prepayment.therewill be no changes
m the due dateor m the amountof my monthly paymentunlesstheNote Holder agreesin writing to thosechanges.
5. LOAN CHARCES
If a law, which appliesto this loan and whichacts maxmann loan charges,is
finally mterpretedso that the
interest or other loan chargescollected or to be collected in connectionwith this loan exceedthe penuitted limits,
then: (a) any suchloan chargeshall be reduced by the amountnecessaryto reducethe chargeto thepermitted
limit;
and (b) any sums already collected from me which exceededpennined lismts will
be refunded to rne. 'the Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or
by making a direct
paymentto me. If a refundreduce5Principal, the reduction will be treatedas a partial Prepayment.
NEw VOHKF1XEDRATENOTE¾gleFamily-Fann4
Mas/Freddio
Mac(INIFORMINerrRUMENT Form323]1/91
O qDPW )
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
6 BORROWER'S FMLURE TO FAY AS REQUIRED
(A) Late Charge for Overdue Payments
If theNote Holder hasnot receivedthe full atnount ofany tnonthly paymentby the end of
15
calendar days after the date it is due, I will pay a late chargeto the Note Holder. The amount of the chargewill
be
2 . 000 % of niy overduepaymentof principal and interest 3 will Pay this late chargepmruptly but only
ouceon eachlatepayment.
(B) Default
If I do not pay the fhil amountof eachmonthly.paymenton the dateit is due, I will be in default
(C) Notice of Default
If I am in default, the Note Holder may sendme n written notice telling Inc that if 1do not pay the nverdue
amount by a certain date, the Note Holder may require rne to pay munodlately the full amountof Principal which
has not been paid and all the mterestthat I one on that amount. Tbat datesunt be at least 30 days after the dateon
which the notice is madedto meor delivered by other means.
(D) No Walver By Note Rolder
aven if, at a ume whenI am in default, ibe Note Holder doesnot require meto pay immediately in lidl as
describedabove, the Note Itakice will stdl havethe nght to do so if 1sm in default at a later time.
(E) Fayment of Note Holder's Costs and Expenses
If the Note Holder has required toe to pay ittenediately in full as desented above, the Note Holder will
have the right to be paadback by me for all of its costs and expensesin enforemg this Note to the extent not
protubited by applicable law. Thoseexpensesmelude, tot exataple,teasonableattorneys' fees
7. GIVINGOF NOTICES
Unlessapplicable law requiresadifferent method,any notice that nest be given to me underdus Note will
be given by delivering it or by mallmg at by Faratclassmail to rne at the Pmperty Addressabove or at a different
addressif I give the Note Holder a noticeof my difh.-rentaddress.
Any nonce that must be given to the Note Holder under this Note will
be given by delivering it or by
meding it by tirst clas
mail to the Note Holder at the addressstatedin Section 3(A) aboveor at a different address
if I am given a nonceof that different addrea
lb OBLICATIONS OF PERSONS UNDER THIS NOTE
I f nere than one personsigm this Note. each person is fully and personally obligated to
keep all of the
pmmises made in this Note, including the promise to pay the full amount owed. Any person wbu is a guarantor,
suretyor isalso
endorserof tim Note do
obligated tothesethmgs. Any personwho takesover these obligations,
mcludmg the obhgationsof a guarantor,suretyor endorserof this Note, is also obligatedto keep all of the promises
made in tlus Note. The Note }Iolder may enforce lts rights under flus Note agamst each person
utdividually or
againstall of us together.mus meansthat any one of us may be requned to pay all of tim amountsowed underthis
Note.
9. WAIVERS
I and any ottlesperum who hasoblagationsunder this Note waive the nghts of Presentme:ttand Notice of
"Presentment"
Dashonor. meansthe right to require the Note Holder to demandpaymentof amoimtsdue."Notice of
Dishonor"
meansthe right to require the Note Holder to give notice to other personsthat amounts due have not
beenpaid.
10, UNIFORM SECURED NOTE
ThisNote is a uniform
instrument with
limitedvartations in some jurisdictions
In additzon to the
protections gavento the Note Holder undertins Note, a Mortgage, Deed of Trust, or Security Decd (the
"Security
dated
Instrument"), thesamedateas
this pmtects
Note, the Note Holder from possiblelosseswhich might result if I
do not keep the promises which I make m this Note. That Security l autrumentdescribeshow and under what
condulous I may be required to make emnNdiatepayment in full of all amounts 1owe under ilus Note. some of
thoseconditions are desenbedas follows:
Lcuder may require imrnediatepayment m 1u11
of all SumsSecuredby dus Secunty instrm=nt
if
all or any ps:1of the Property, or if imy right m the Property, is sold or transferredwithout L.ender's
prior
wrtuen pernussion. if Borrower is not a natural person and a beneficial interest m Barrower in
sold or
transferted nithout lxnder's pnor written permission, Lenderalso may Tequireirnmediatepayment m full.
However, this opuon shall not be exercisedby Lender if sch exerciseis protubstedby Applicable 1.aw.
NEWYORKFlXEDRATENOTFSingleFandly-Fannie
Mae/FmidleMacUNIFORMrNSTRUMENT Farm3233I/0I
G 0/3PaEm)
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
If Lender requuts remediate paymentm full underthis Section I8, Leader will grve me a nonce
'
winch statesItus requirement.The notice wdl give me at least30 days to makethe requiredpayment.lbe
30-day period will begm on the date the notice mgiven to me in the mannerrequired by Secton 15of dais
Security instrument. If ( do not make the required payment durms that penod, lander may act to coforce
its tights underthis Security Instrumentwithout 3ivingme any 0mber sloticeat etamandfor payment.
wrTNESS THE NANDCS)AND S ') OF TH15UN ERSLGNED.
) p b- t7Mft 2-23-os
l) j
- Borrower WALTER MCDOWELI.- Date ’
[Sign Qriginal Only}
NSWYORKFEEDRATENOTE-SingjkFamitfPasaleMar/FrmhDEMseEIN1110m
O eff pqtes
utUMENT we m
"±mern vvs mun4ea
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
ADDENDUM TO NŒTE
PREPAYMENT PENALTY -MRST 12 MONTHS
adevinite4: toma wandmar
mus Addendumis madetlus
23rd day of February
, 2005 . and is incorporated
inrn and shall he deemedto amendand suppleinentthe hote of the samedate givenby the undersigned(ibe "Borrower") to
igMC 3©RTGAGE CORP.
covenng the property desented itt the Secunty instrumentand-locatedAt:
(the "Ixtater")
177 26 URSINA ROAD, . ST . ALBANS ,NY 11434
[PimpertyAddress]
To the extent that the provisions of the PrepaymentNote Ari"Benrhim(the "Addendum") are inconsistentwith the
provisiotts of the Security instrument and/or the Note. the provisiormof this Addendurnshall prevarl over and shall supercede
any anchinconshtent provisions of the Securit^ Instrumentand/or theNote.
section4 ofthe WateWsmendedtoread in its entirety as follows:
BORSOWERS RIORT TO P2EPAY
I liave the right to make paymentsof princrpal at any tirne before they are due. A prepayrnentof all of the unpaid
precipal prepayment"
in known as a "fidi A prepayrnentof only part of the unpaid principal is known as a "partial
prepayment".
Except as providestbelow, I inay make a full prepayumni ar a partial prepaymentat atty time.
If 1make any partial
prepayment.I mustst0I reakeesch later paymentas it becomesdue and in the samearmount,hnay make a thliprepayment at
any time, Bowever, if williín
the fust twelve (12) months aAer theexecution of the Nott, I make any putpayrnent(s),fbe total
mnounterwhich exceeds
Twenty percent ( 10.000 %) of the ongmal principal
amounter this loan, I will pays prepaymentchatgain artantount equnSta the payrneurof
six
6 months'advaticeinterest on
the amount by
( ) whfeh tbototalof my prepaymengs) within
that leopathperiod exceedsTnty percent( 20.000 %) of the ougmal principal
- Borrower - WALTER M DOWELL- Date -
Nrtet
NaWVUrn-MRhindmMar
vts ps/astaovs
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022
STATE OF New York)
)ss:
COUNTY OF Suffolk)
On February 23, 2005, before ine, the undersigned, personally appeared WALTER
MCDOWELL , personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose narnesare subsenbed to the
withm mstrument and acknowledgedto me that be/she/they executed the same in eapacities and that by
his/her/their
signatures on the instrument,
his/her/their or
the individuals.the person upon behalf
ofwhich the individuals
acted,
executed the mstrument.
Notary Public
POffi PT AE9540TTA
Preview
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 EXHIBIT B FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 ... as n NOTE February 23, 2005 SMITHOifN Near York (Datc} [City] [Statel 177 26 URSINA ROAD, . ,St ALBANS, NY 11434 [Property Address] L BORROWER'S PROMLSE TO PAY In retum for a loan that Ihave received,I promise to payU.S. $ 250, 000. 00 (this amountis called "Principal"), plus interest,ro the order of the Ecuder.The Leader is MAC idbRTGAGE CORP. , I will makeall paymentsunder this Note inthe fortn of cash,checkor money order. I understandthat the Lender may transferthis Note. The Lender or anyonewho takesthis Note by transfer and who is entitled to receive paymentsunder this Note is caBedthe"Note Holder." 2.INTEREST Interest will be chargedon unpaid principal until the full amount of Prmcipal bas been paid. I will pay interestat a yearly rate of 6. 490 %. Theioterest rate required by this Section2 is the rate I will pay hoth before andafter any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and PIsce of Payments I will pay principal and interest by making a paymentevery month. 1 willmake my monthly payment otithe 1st day of each month beginning on April 1, 2005 . 1 will make thesepaymentsevery month until I bavepaid all of the prmcipal and interest and any other chargesdescribedbelow that I may owe under this Note, Each monthly payment will be applied as of its sobeduled due date and will be applied to interest before Principal. If on March 1, 2035 .1 still owe amountsunder this Note, I will pay thoseassounts Date." in full on that date, which is called the "Matmity I will make my monthly paymentsar 6501 IRVINE CENTER DRIVE , XRVINE ,CA 92618 or at a different placeifrequired by theNote Holder. (B) Amount of Monthly Payments My monthly payrnentwill be in the amountof U.S. 5 1, 578.53 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payrnentof Principal "Prepayment." only is known as a When Imake a Prepayment,I will tcH theNote Holder in wtfting that I am doing so. I may not desigantea paymentasa Prepayments if I havenotmade all the monthly payuznts due under theNote. I may make a full Prepaymentar partial Prepaymentswithout paying a Prepaymentcharge.The Note Holder will use my Prepaymentsto reducethe amountof Principal that I owe under this Note. However, the Note Holder may apply my Prepayment.to the accruedand unpaid interest on the Prepaymentamount,before applytng my Prepaymentto reducethe amountof Prmcipal theNote. If I ruakea partial Prepayment.therewill be no changes m the due dateor m the amountof my monthly paymentunlesstheNote Holder agreesin writing to thosechanges. 5. LOAN CHARCES If a law, which appliesto this loan and whichacts maxmann loan charges,is finally mterpretedso that the interest or other loan chargescollected or to be collected in connectionwith this loan exceedthe penuitted limits, then: (a) any suchloan chargeshall be reduced by the amountnecessaryto reducethe chargeto thepermitted limit; and (b) any sums already collected from me which exceededpennined lismts will be refunded to rne. 'the Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct paymentto me. If a refundreduce5Principal, the reduction will be treatedas a partial Prepayment. NEw VOHKF1XEDRATENOTE¾gleFamily-Fann4 Mas/Freddio Mac(INIFORMINerrRUMENT Form323]1/91 O qDPW ) FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 6 BORROWER'S FMLURE TO FAY AS REQUIRED (A) Late Charge for Overdue Payments If theNote Holder hasnot receivedthe full atnount ofany tnonthly paymentby the end of 15 calendar days after the date it is due, I will pay a late chargeto the Note Holder. The amount of the chargewill be 2 . 000 % of niy overduepaymentof principal and interest 3 will Pay this late chargepmruptly but only ouceon eachlatepayment. (B) Default If I do not pay the fhil amountof eachmonthly.paymenton the dateit is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may sendme n written notice telling Inc that if 1do not pay the nverdue amount by a certain date, the Note Holder may require rne to pay munodlately the full amountof Principal which has not been paid and all the mterestthat I one on that amount. Tbat datesunt be at least 30 days after the dateon which the notice is madedto meor delivered by other means. (D) No Walver By Note Rolder aven if, at a ume whenI am in default, ibe Note Holder doesnot require meto pay immediately in lidl as describedabove, the Note Itakice will stdl havethe nght to do so if 1sm in default at a later time. (E) Fayment of Note Holder's Costs and Expenses If the Note Holder has required toe to pay ittenediately in full as desented above, the Note Holder will have the right to be paadback by me for all of its costs and expensesin enforemg this Note to the extent not protubited by applicable law. Thoseexpensesmelude, tot exataple,teasonableattorneys' fees 7. GIVINGOF NOTICES Unlessapplicable law requiresadifferent method,any notice that nest be given to me underdus Note will be given by delivering it or by mallmg at by Faratclassmail to rne at the Pmperty Addressabove or at a different addressif I give the Note Holder a noticeof my difh.-rentaddress. Any nonce that must be given to the Note Holder under this Note will be given by delivering it or by meding it by tirst clas mail to the Note Holder at the addressstatedin Section 3(A) aboveor at a different address if I am given a nonceof that different addrea lb OBLICATIONS OF PERSONS UNDER THIS NOTE I f nere than one personsigm this Note. each person is fully and personally obligated to keep all of the pmmises made in this Note, including the promise to pay the full amount owed. Any person wbu is a guarantor, suretyor isalso endorserof tim Note do obligated tothesethmgs. Any personwho takesover these obligations, mcludmg the obhgationsof a guarantor,suretyor endorserof this Note, is also obligatedto keep all of the promises made in tlus Note. The Note }Iolder may enforce lts rights under flus Note agamst each person utdividually or againstall of us together.mus meansthat any one of us may be requned to pay all of tim amountsowed underthis Note. 9. WAIVERS I and any ottlesperum who hasoblagationsunder this Note waive the nghts of Presentme:ttand Notice of "Presentment" Dashonor. meansthe right to require the Note Holder to demandpaymentof amoimtsdue."Notice of Dishonor" meansthe right to require the Note Holder to give notice to other personsthat amounts due have not beenpaid. 10, UNIFORM SECURED NOTE ThisNote is a uniform instrument with limitedvartations in some jurisdictions In additzon to the protections gavento the Note Holder undertins Note, a Mortgage, Deed of Trust, or Security Decd (the "Security dated Instrument"), thesamedateas this pmtects Note, the Note Holder from possiblelosseswhich might result if I do not keep the promises which I make m this Note. That Security l autrumentdescribeshow and under what condulous I may be required to make emnNdiatepayment in full of all amounts 1owe under ilus Note. some of thoseconditions are desenbedas follows: Lcuder may require imrnediatepayment m 1u11 of all SumsSecuredby dus Secunty instrm=nt if all or any ps:1of the Property, or if imy right m the Property, is sold or transferredwithout L.ender's prior wrtuen pernussion. if Borrower is not a natural person and a beneficial interest m Barrower in sold or transferted nithout lxnder's pnor written permission, Lenderalso may Tequireirnmediatepayment m full. However, this opuon shall not be exercisedby Lender if sch exerciseis protubstedby Applicable 1.aw. NEWYORKFlXEDRATENOTFSingleFandly-Fannie Mae/FmidleMacUNIFORMrNSTRUMENT Farm3233I/0I G 0/3PaEm) FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 If Lender requuts remediate paymentm full underthis Section I8, Leader will grve me a nonce ' winch statesItus requirement.The notice wdl give me at least30 days to makethe requiredpayment.lbe 30-day period will begm on the date the notice mgiven to me in the mannerrequired by Secton 15of dais Security instrument. If ( do not make the required payment durms that penod, lander may act to coforce its tights underthis Security Instrumentwithout 3ivingme any 0mber sloticeat etamandfor payment. wrTNESS THE NANDCS)AND S ') OF TH15UN ERSLGNED. ) p b- t7Mft 2-23-os l) j - Borrower WALTER MCDOWELI.- Date ’ [Sign Qriginal Only} NSWYORKFEEDRATENOTE-SingjkFamitfPasaleMar/FrmhDEMseEIN1110m O eff pqtes utUMENT we m "±mern vvs mun4ea FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 ADDENDUM TO NŒTE PREPAYMENT PENALTY -MRST 12 MONTHS adevinite4: toma wandmar mus Addendumis madetlus 23rd day of February , 2005 . and is incorporated inrn and shall he deemedto amendand suppleinentthe hote of the samedate givenby the undersigned(ibe "Borrower") to igMC 3©RTGAGE CORP. covenng the property desented itt the Secunty instrumentand-locatedAt: (the "Ixtater") 177 26 URSINA ROAD, . ST . ALBANS ,NY 11434 [PimpertyAddress] To the extent that the provisions of the PrepaymentNote Ari"Benrhim(the "Addendum") are inconsistentwith the provisiotts of the Security instrument and/or the Note. the provisiormof this Addendurnshall prevarl over and shall supercede any anchinconshtent provisions of the Securit^ Instrumentand/or theNote. section4 ofthe WateWsmendedtoread in its entirety as follows: BORSOWERS RIORT TO P2EPAY I liave the right to make paymentsof princrpal at any tirne before they are due. A prepayrnentof all of the unpaid precipal prepayment" in known as a "fidi A prepayrnentof only part of the unpaid principal is known as a "partial prepayment". Except as providestbelow, I inay make a full prepayumni ar a partial prepaymentat atty time. If 1make any partial prepayment.I mustst0I reakeesch later paymentas it becomesdue and in the samearmount,hnay make a thliprepayment at any time, Bowever, if williín the fust twelve (12) months aAer theexecution of the Nott, I make any putpayrnent(s),fbe total mnounterwhich exceeds Twenty percent ( 10.000 %) of the ongmal principal amounter this loan, I will pays prepaymentchatgain artantount equnSta the payrneurof six 6 months'advaticeinterest on the amount by ( ) whfeh tbototalof my prepaymengs) within that leopathperiod exceedsTnty percent( 20.000 %) of the ougmal principal - Borrower - WALTER M DOWELL- Date - Nrtet NaWVUrn-MRhindmMar vts ps/astaovs FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 06/03/2022 STATE OF New York) )ss: COUNTY OF Suffolk) On February 23, 2005, before ine, the undersigned, personally appeared WALTER MCDOWELL , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose narnesare subsenbed to the withm mstrument and acknowledgedto me that be/she/they executed the same in eapacities and that by his/her/their signatures on the instrument, his/her/their or the individuals.the person upon behalf ofwhich the individuals acted, executed the mstrument. Notary Public POffi PT AE9540TTA