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  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. Barbara Giordano a/k/a Barbara Leonaggeo a/k/a Barbara Giordano-Leonaggeo, Roger Leonaggeo, Jack Giordano, M-M2 Re Holdings 4, Llc, H&L Equine, Llc, Portfolio Recovery Associates, Llc, Razor Capital Ii, Llc a/p/o Credit One Bank, N.A., Catania, Mahon, Milligram & Rider, Pllc, John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased, John Doe 1-10, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
						
                                

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FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/21/2021 EXHIBIT “A” FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO.. a. 2 a o moon m r vm mu rv RECEIVED NO. 613 / NYSCEF: P. 2 04/21/2021 PROMISSORY NOTE $35,000.00 December 22, 2015 For value received, BARBARA GIORDANO-LEONAGGEO, ROGER JACK GIORDANO AND JOSEPHINE GIORDAN0, each an individual LEONAGGEO, having an add-ss at 150 Homan Road, Stanfordville, New York 12581 (collectively "M__g]gg"), does promise to to RICHARD VON DER LIETH, an individual having an address hereby pay at 38 White School House Road, New York 12572 ("Payee"), on the Maturity Date Rhinebeck, (defmed or when sooner due as herein provided, at such address as Payee may direct hereinafter) in a writing delivered to Maker, the principal sum of Thirty-Five Thousand Dollars and No Cents or such lesser unpaid principal amount as shall be outstanding hereunder, as (S35,000.00) reflected on the books and records of Payee, together with interest on the unpaid balance of principal, any other interest,mortgage tax, recording fees,and certain legal fees due to Garfunkel Wild, P.C. and other amounts outstanding hereunder at a fixed rate per annum of seven any percent (7%), payable as herein provided (this "Promissory Note"). On the Maturity Date, allprincipal, interest and other amounts due hereunder but not yet paid shall become immediately due and payable by Maker. Amounts received by Payee pursuant to this Note are to be applied first to Payee's fees and expenses ineuned in Promissory connection herewith and, second, to accrued and unpaid interest due h=-.mder and the balance to the payment of the principal sum outstanding hereunder. THIS PROMISSORY NOTE IS SECURED BY, AND ENTITLED TO THE BENBFITS OF, THAT CERTAIN MORTOAGE, DATED AS OF THE DATE HEREOP (THE "lvfORTGAGE"), BETWEEN MAKER AND PAYEE. Maker may prepay allor any portion of this Premissory Note at any time and from time to time without penalty or premium, Notwithstanding the foregoing, the entire principal amount of thisPromissory Note, plus any other mts due hereunder, shall (automatically, as to any Default pursuant to the following clauses (iv), (v) and (vi),and otherwise at Payee's option) become immediately due and payable upon any of the following events (each of the following, a "Dafugit"): (1)a failure by Maker to pay any amount due to Payee hereunder when due, which amount remains unpaid for a period of ten (10) days after the date such amount was due; (fi)any representation or warranty made by Maker to Payee shall have been false or misleading in any material respect when made; (iii)Maker shall have breached any term, agreement or covenant contained in this Promissory Note, which breach remains uncured for a period of thhty (30) days from the date upon which written notice thereof shall be given to Maker by Payee; (iv) ifMaker shall (a) apply for,consent to or acquiesce in the appointrnent of a receiver, trustee or Ugaitt= of itor of all or a substantial part of its assets,or any interestin any part thereof, (the term acquiesce includes but isnot limited to, the failureto filea petition or motion to vacate or discharge any order,judgment or decree providing for such appointment within ten (10) days aner the appointment), (b) file a voluntary petition in bankmptcy, or admit in writing its inabilky to pay itsdebts as they come due, (c) make a general assignment for the benefit of oreditors, (d) generally not be paying its 3664682v.1 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 2 .mm un un t Lw1L D FC RECEIVED No. NYSCEF: 04/21/2021 6137 P. 3 debts as they become due, (e) file a petition or an answer seeking reorganization, arrangement, compositica, readjustment, liquidauna, dissolution, or similar relief for itselfunder the present or any future federal bankruptcy act or any other statute or law relative to banhuptcy, insolvency, or other relieffor debtors, or (f) filean answer admitdng the material allegations of, or consent to, or default in answering, a petition filed against it in any banlauptcy, reorganization or insolvency proceeding; (vi) if an order shall be entered by a court of competent jurisdiction adjudicating Maker a bankmpt which order shall continue unstayed and in effect for any period of forth-five (45) ansccative days, unless such order is unappealable; or (vii) if an order, judg=nt or decree shall be entered by any court of competent jurisdiction, adjudicating Maker or any partner therein insolvent, approving a petition seeking reorganization or arrangement of Maker or any partner therein or appointing a receiver, trustee or liquidator of itor for any partner therein or appointing a receiver, trustee or liquidator of it orfor any partner therein or of all or a substantial part of itsor theirassets, and such order, judgment or de cree ahall continue unstayed and ineffect for any period of forty-five (45) consecutive days, Notwithstanding anything herein to the contrary, upon any Defknit, Maker will pay, from the date of such Defani interest on the unpaid balance of principal, interest and any other . amounts outstanding hereunder at a rate (the "Default Rate") equal to the applicable interest rate per annum hereunder plus twelve (12%), or at the maximum interest rate which Maker may by law pay, whichever islower. Maker shall pay allexpenses (including reasonable attomey's fees) incuned by Payee in nonnection with the enforcement of this Promissory Note. A waiver by Payee of any breach of any of the terms or conditions of this Promissory Note must be in writing and shall not in any way affect, limit or waive Payee's rights at any time to enforce strictcompliance thereafter with every other term or condition of this Promissory Note, or to exercise its rights upon any subsequent breach of such term or condition of this Promissory Note. All remedies under this Promissory Note shall be cunn!dive and not alternative. All notices, requests, demands and other commsications to be given under this Promissory Note shall be in writing and deemed given when delivered in person or by overnight courier, or three (3) days after dispatch by certified mail, postage prepaid, return receipt requested, to the party to whom the sarne is so given or made, at the addresses set forth above, or at such other address as any party may specify by notice tothe other party given as afbresaid. If and to the extent that any court of competent jurisdictica holds any provision (or any part thereof) of this Promissory Note to be invalid or anenforceable, such holding shall in no way affect the validity of the remainder ofthis Promissory Note. At no time shall Maker be obligated or required to pay interest on the balance due hereunder at a rate which could subject Payee to either civil or oriminal liability as a result of being in excess of the maximum interest rate which Maker is permitted by applicable law to contract or agree to pay. If by the terms of this P=missory Note, Maker is atany time required or obligated to pay interest on the principal balance due hereunder at a rate in excess Of such maximum rate,the interest rate accruing hereunder shall be deemed to be immediately reduced to such maximum rate and all previous payments which were, when made, in excess of the 366468244 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 2 m m um un t w 1t o FU RECEIVED NO. 6137 NYSCEF: P. 4 04/21/2021 maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hercunder, Maker hereby waives diligence, presentment, demand, protest and notice of any kind, except as specifically provided herein, No release of any security for the debt evidenced this by Promissory Note or extension of time for payment of this Promissory Note or any installment hereof, and no alteration,amendmant or waiver of any provision of this Pr=Jssery Note or any other agreement or instrument relating hereto shall release, modify, amend, waive, extend, change, discharge, terminate or affect the liabilityof Maker and any other person or entity who may become liable for the payment of all or any part of the debt evidenced by this Promissory Note. This Pmmissory Note shall be binding upon the Maker's successors and assigns and shall inute to the benefit of the heira, executors, successors and assigns of the Payee. No assignment of this Promissory Note by the Maker shall relieve the Maker from primary liability for its obligations hereunder. Maker hereby represents and warrants that Maker has full power, authority and legal right to execute and deliver this Promissory Note, and this Promissory Note shall constitute the valid and binding obligation of Maker, enforceable in accordance with itsterms. This Promissory Note shall be govemed by the laws of the State of New York wthout giving effect to principles of conflicts of law. The Maker hereby consents to the jurisdiction of the courts of the State of New York in Dutchess County in the event of judicial proceedings involving this Promissory Note. MAKER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHBTHER IN CONTRACT, TORT OR OTHERWISB RELATING DIRECTLY OR INDIRECTLY TO THE DEBT EVIDENCED BY THIS PROMISSORY NOTE, THE AGREEMENTS AND INSTRUMBNTS SECURING THIS PROMISSORY NOTE OR ANY ACTS OR OMISSIONS OF PAYEE OR MAKER, AS APPLICABLE, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION THEREWITH. Maker has been advised and ishereby advised that Maker has theright to and that Maker should consult with counsel of their choosing before entering into thisPromissory Note. Maker, by signing thisPromissory Note represents that Maker has eitherdone so or elected not to do so. Date" As used herein, "Maturity shall mean December 22, 2016 or the sooner date (if any) that the Payee declares a Default and accelerates the indebtedness hereunder. 3664682v.1 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 2 .., .mm unar uut witU RECEIVED NYSCEF: 04/21/2021 FU NO 6137 P. 5 Executed as of the day and year firstabove written. By Maker ara is eonagges Leonagg o tordano _Â-.-Lh 1520 e Giordano 3664682v,1 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC.. -.. NO.... 2- o n on ow uritL WIL D N RECEIVED NO. 6 I3 7 NYSCEF: P. 6 04/21/2021 STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHESS ) On this day of Dacember, 2015 before me, the undersigned, a notary public in and for said atate,personally appeared BARBARA GIORDANO-LEONAGGEO personally known to me or proved to me on the basis of adefectory evidence to be the individual whose name is . subscribed to the within instrument and acknowledged to me thathe/she executed the same In his/her capacity, and that by his/her sig-22.:e on the instrurnent, the liidivitual, or the person upon behalf of which the individual acted, executed the ins : , Notary Public JON GAUTIER Nofary State of New York Public, No. 02GA6185282 Qualified in DutchessCounty My Commission Expires April 14, 2016 STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHBSS ) On this day of December, 2015 before me, the undersigned, anotary public in and for said state,parso*.e!!y appeared ROGER LEONAGGEO personally known to me or proved to me on the basis of satisfactory evidence to be the indi-'±‡.:1whose name is subscribed to the within instranent and acknowladged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the erson upon behalf ofwhich the individual acted, executed the instrument. STATE OF NEW YORK ) )ss.; GAUTIER Notary State of New York Public, COUNTY 0F DUTCHBSS ) No. 02GA6185282 in Dutchess Qualified County My Commission Expires April 14, 2016 On this .2& day of December, 2015 before me, the undersigned, a notary public in and for said state,personally appeared JACK GIORDANo nally-ktrgswito me or proved to me on the basis of satisfactory evidence to be the nal whose name issubscribed to the within instrument and acknowled e he/she executed the same in his/her capacity, and that by his/her at n the instrument, the individemi, or the rson upon behalf of which the indivi acted, executed the instmment. JON GAUTIER Notary Pubile, State of New York No. 02GAB185282 Qua#Iiedin Dutchess My Commission Gounty Expires April 14, 2018 3664682v.1 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. a,2 t vu nmm unn r v at L n nu rb RECEIVED NYSCEF: 04/21/2021 N0, 6IU P. 7 STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHESS ) On thisliday of December, 2015 before me, the undersi d, a notary public in and for said state,pêrsonally appeared JOSEPHINE GIORD onally known to me or proved to me on the basis of satisfactory evide e mdividual whose name is subscribed to the within instr mant and ackn to me that he/she executed the same in his/her capacity, and thatby his/her s on the ineument, the individual, or the pers pon behalf ofwhich the indivi , executed the instrument, otadPublic 36646827.1