Preview
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021
EXHIBIT “C”
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC. NO. AKA 0U P.NYSCEF:
2I
a. a, 4u i .n un unnTUl\CL W1LU l'b RECEIVED
/ 04/21/2021
LETTER AGREEMENT
22"d
This LETTER AGREEMENT (this"Agreement") is made and entered into this
day of December, 2015 by and among BARBARA GIORDANO-LEONAGGEO, ROGER
LEONAGGEO, JACK GIORDANO AND JOSEPHINE GIORDANO, each an individual
having an addrcss at 150 Hornan Road, Stanfordville, New York 12581 (collectively, "M_q|g"),
does hereby promise to pay to RICHARD VON DER LIETH, an individual havlag an address
at 38 White School House Road, Rhinebeck, New York 12572 ("Paayp_9"),with respect to the
following:
WITNESSETH:
WHEREAS, the Maker and Payee have entered into that cottain Promissory Note dated
December 22, 2015 (the "Note") in the principal sum of Thirty-Five Thousand and 00/100
Dollars (335,000.00); and
WHEREAS, the Maker has delivered that certain Mortgage, dated December 22, 2015, in
favor of Payee (the "Mortgage") encumbering certain real property located on Homan Road in
Stanfordville, New York comprising approximately 10L66 acres and more particularly described
in the Mottgage (the "Property"); and
WHEREAS, the Payee has agreed that in the event of a default under the Note and/or the
Mortgage, and provided that the Maker shall provide its full cooperation to the Payee, Payee
shall seek to subdivide the Property (the"Subdivision") and create an independent parcel ofland
as inore particularly show on Exhibit A attached hereto and made a patt hereof (the "ParceP');
and
WHEREAS, in the event the Payee is able to obtain the Subdivision, the Payee shall
accept a deed of the Parcel frorn the Maker for no additional consideration in lieu of the
forcelosure of the Martgage,
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the Maker and Payee hereby agree as follows:
1. Definitions. All capitalized tenas used and not otherwise defined herein shall
"Note"
have the meaning ascribed thereto in the Note. Notwithstanding the foregoing, the term
as used in the Note shan hereinafter in every instance be interpreted to mean the Note as
amended from time to time, including as amended by this Agreement.
2. Subdivision. in the event the Maker shall default in the terms and conditions of
the Note and/or the Mortgage, the Payee shall have allof itsrights and remedies under the Note,
the Mortgage, at law or in equity, Notwithstanding the foregoing to the contrary, the Payee shall
seek to obtain the Subdivision promptly following the default by the Maker, and provided the
Maker shall cooperate in fhil with the Payee in seeking to obtain the Subdivision, including
excosting any subdivision documents and applications, supporting any required variances and
permitting the Payee and itsagents to access the to perform all inspections,
Property necessary
3664809v.z
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC.
nv.
NO.
u. zv
4
r/ m / nn MU UA t L WI lU FC Na OU
RECEIVED E NYSCEF:
22 04/21/2021
surveys and investigations.
3. Deed-in-Lieu. In the ovent the Payee obtains the Subdivision oreating the Parcel,
the Maker shall promptly transfer the Parcel to the Payee by deed in lieuof the foreolosure of the
Property. Upon the receipt and proper filing of the deed to the Parcel, the Payee shall deliver a
se.tisfactionof the Mortgage inrecordable form to the Maker.
4. Goveroing Law. This Agreement shall be governed by and construed in
accordance with the laws of State of New York without regard to conflict of law rules or
principles.
5. Notices. All notices or other written e--r.micatione hereunder shall be made in
accordance with the notice provisions of the Mortgage.
6. Duolicate Originals: Counterparts. This Agreement may be executed in any
number of duplicate 0ñgi=ls sad each duplicate original shallbe deemed to be an original. This
Agr•ement may be executed in several counterparts, each of which counterparts shall be deemed
an original instrument and allof which together shall constitute a single Agreement. The thilure
of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the
other signatories from their obligations hemunder. Executed copies of this Agreement may be
delivered by holographic originals, telefacsimile or electronic (e.g., pdf) means, any of which
shallbe effective to constitute delivery.
7. No..oral Change. This Agreement, and any provisions hereof, may not be
modified, amended, waived, extended, ch=ged, discharged or terminened orally or by any act or
thilure to act on thepart of the Maker or the Payee, but only by an agreemant in writing signed
by the party against whom epornament of any modification, amandment, waiver, extension,
ohange, discharge or termination is sought.
8. Headings, Ete. The headings and captions of various paragraphs of this
Agreemmt are for convenience of reference only and are not to be construed as defining or
limiting, la any way, the scope or intent of the provisions hereof.
9. Release of Liability. Any one or more pattles liable upon or in respect of this
Agreement may be released without affbcting the liabilityof any party not so released.
10. Rights Cumulative. The rights and rernedies herein provided are cumulative and
not exclusive of any rights or remedies which the Payee has under the Note or the Mortgage or
would otherwise have at law or in equity.
2
3664809v.1
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC. NO. 4 NU, OI J (
RECEIVED r,NYSCEF:
I1 04/21/2021
a. zv i s i :3frm w antun t t w 1tu rg
IL inacolicable Provisions, If any term, condition or covenant of this Agreement
shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be
construed without such provision.
IN WITNESS WHEREOF, the partieshave executed and delivered this Agreement as of
the date arst above written.
B Maker:
ra Gio d Leonagg
sonaggeo
ack fordano
LJosliphine Giordano
By Payee:
Richard von der Lieth
3
3664809v.L
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC.9 t L.NO.
I1. 4
M D I : 5 / FM GAK t UK L lWI l D PC RECEIVED
No. 6I37 NYSCEF:
P. 24 04/21/2021
EXHIBIT A
PARCEL DESCRIPTION
4
36646094,l
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021
DEC 22, 2015 h57PM GARFUKEL WILD PC ..NO 6137 P 25
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.
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FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021
.. .... . .
NO. Man 07 2017 11:12PM P1
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N852cutions20alacales#gp=Wim8agonGdSM erwtNGIOX&uida49802&parM1 1/1
Preview
FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021 EXHIBIT “C” FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. AKA 0U P.NYSCEF: 2I a. a, 4u i .n un unnTUl\CL W1LU l'b RECEIVED / 04/21/2021 LETTER AGREEMENT 22"d This LETTER AGREEMENT (this"Agreement") is made and entered into this day of December, 2015 by and among BARBARA GIORDANO-LEONAGGEO, ROGER LEONAGGEO, JACK GIORDANO AND JOSEPHINE GIORDANO, each an individual having an addrcss at 150 Hornan Road, Stanfordville, New York 12581 (collectively, "M_q|g"), does hereby promise to pay to RICHARD VON DER LIETH, an individual havlag an address at 38 White School House Road, Rhinebeck, New York 12572 ("Paayp_9"),with respect to the following: WITNESSETH: WHEREAS, the Maker and Payee have entered into that cottain Promissory Note dated December 22, 2015 (the "Note") in the principal sum of Thirty-Five Thousand and 00/100 Dollars (335,000.00); and WHEREAS, the Maker has delivered that certain Mortgage, dated December 22, 2015, in favor of Payee (the "Mortgage") encumbering certain real property located on Homan Road in Stanfordville, New York comprising approximately 10L66 acres and more particularly described in the Mottgage (the "Property"); and WHEREAS, the Payee has agreed that in the event of a default under the Note and/or the Mortgage, and provided that the Maker shall provide its full cooperation to the Payee, Payee shall seek to subdivide the Property (the"Subdivision") and create an independent parcel ofland as inore particularly show on Exhibit A attached hereto and made a patt hereof (the "ParceP'); and WHEREAS, in the event the Payee is able to obtain the Subdivision, the Payee shall accept a deed of the Parcel frorn the Maker for no additional consideration in lieu of the forcelosure of the Martgage, NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Maker and Payee hereby agree as follows: 1. Definitions. All capitalized tenas used and not otherwise defined herein shall "Note" have the meaning ascribed thereto in the Note. Notwithstanding the foregoing, the term as used in the Note shan hereinafter in every instance be interpreted to mean the Note as amended from time to time, including as amended by this Agreement. 2. Subdivision. in the event the Maker shall default in the terms and conditions of the Note and/or the Mortgage, the Payee shall have allof itsrights and remedies under the Note, the Mortgage, at law or in equity, Notwithstanding the foregoing to the contrary, the Payee shall seek to obtain the Subdivision promptly following the default by the Maker, and provided the Maker shall cooperate in fhil with the Payee in seeking to obtain the Subdivision, including excosting any subdivision documents and applications, supporting any required variances and permitting the Payee and itsagents to access the to perform all inspections, Property necessary 3664809v.z FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. nv. NO. u. zv 4 r/ m / nn MU UA t L WI lU FC Na OU RECEIVED E NYSCEF: 22 04/21/2021 surveys and investigations. 3. Deed-in-Lieu. In the ovent the Payee obtains the Subdivision oreating the Parcel, the Maker shall promptly transfer the Parcel to the Payee by deed in lieuof the foreolosure of the Property. Upon the receipt and proper filing of the deed to the Parcel, the Payee shall deliver a se.tisfactionof the Mortgage inrecordable form to the Maker. 4. Goveroing Law. This Agreement shall be governed by and construed in accordance with the laws of State of New York without regard to conflict of law rules or principles. 5. Notices. All notices or other written e--r.micatione hereunder shall be made in accordance with the notice provisions of the Mortgage. 6. Duolicate Originals: Counterparts. This Agreement may be executed in any number of duplicate 0ñgi=ls sad each duplicate original shallbe deemed to be an original. This Agr•ement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and allof which together shall constitute a single Agreement. The thilure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hemunder. Executed copies of this Agreement may be delivered by holographic originals, telefacsimile or electronic (e.g., pdf) means, any of which shallbe effective to constitute delivery. 7. No..oral Change. This Agreement, and any provisions hereof, may not be modified, amended, waived, extended, ch=ged, discharged or terminened orally or by any act or thilure to act on thepart of the Maker or the Payee, but only by an agreemant in writing signed by the party against whom epornament of any modification, amandment, waiver, extension, ohange, discharge or termination is sought. 8. Headings, Ete. The headings and captions of various paragraphs of this Agreemmt are for convenience of reference only and are not to be construed as defining or limiting, la any way, the scope or intent of the provisions hereof. 9. Release of Liability. Any one or more pattles liable upon or in respect of this Agreement may be released without affbcting the liabilityof any party not so released. 10. Rights Cumulative. The rights and rernedies herein provided are cumulative and not exclusive of any rights or remedies which the Payee has under the Note or the Mortgage or would otherwise have at law or in equity. 2 3664809v.1 FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 4 NU, OI J ( RECEIVED r,NYSCEF: I1 04/21/2021 a. zv i s i :3frm w antun t t w 1tu rg IL inacolicable Provisions, If any term, condition or covenant of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision. IN WITNESS WHEREOF, the partieshave executed and delivered this Agreement as of the date arst above written. B Maker: ra Gio d Leonagg sonaggeo ack fordano LJosliphine Giordano By Payee: Richard von der Lieth 3 3664809v.L FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC.9 t L.NO. I1. 4 M D I : 5 / FM GAK t UK L lWI l D PC RECEIVED No. 6I37 NYSCEF: P. 24 04/21/2021 EXHIBIT A PARCEL DESCRIPTION 4 36646094,l FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021 DEC 22, 2015 h57PM GARFUKEL WILD PC ..NO 6137 P 25 8V3002 427584 32wgq6 -....--....- 4tegag --..--...-.... --.................- .................. ................-.......--...-.... .- - -,.-.......... ....... .. ...........,.........-........,,.. , ... ........ ........... .............,.. -.. :N8145 ...,•••. ,............-............ ... ... ... ... ... 5340U9 40a@A0 655260 . SCALF 1 95 rd swTrm2 seas FILED: DUTCHESS COUNTY CLERK 04/21/2021 11:25 AM INDEX NO. 2021-51452 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/21/2021 .. .... . . NO. Man 07 2017 11:12PM P1 viewalachiiled ('/13×800) QUTCHESSCOUNTYÇ0MMISSIONEROF RNANCÈTAWftECEfÞT PAID DUTCilfSS CoUNTV COMM. . * OF RNANCE itessis4No,:2017-VY000652 Mupetpt DaW1 27. 2017 Menday,Pebnterj a DnivaPmfay,Pekrvary C.20t? 135200•§p59·Qfi3180.00t10 2014 Coimiy/Yewn IDEtdL¾ $4Ff33 ND. aVMentArms 2018/il449 002164 ?ACAroLNo. Mtatmi Acet.Desedaho A.26ta562CD 108$# To ovenfueDL 153wford AM10.50fr00 52t4,$9 W.efeE1 & Penaty A.13)U.I2260,)f 3150,00 InRorrAtla Bearchhe A.590.01 38.56 FilM9h•5 Tnema paM $2,673A5 Ia520pe66605.08144.p0am;G 5 Couoymnem sedm1No. PavineM Aeve, 20IW2127 00tg$d RMSAm Nn agggg AM r MnWe4 A,25I.18520D 42,11752 Tu overdu tH.16as6tom A.sas3.10s AD Seans Interen6 Penauy A440.d1 $5.50 %§ ?**F YManR.1id: $120).H gM|1an B Vanalties1)ut 94//4 3 Pa'ymentTyp,• Payment _¾ggggClgeNlk/ 4lfft605/ OfA4 4981416 CaningsCMokMoney 84.79115 GIC571 OvtfpsypwM -8•msAN• km MaMWkmounI AmmL. thmandailan A.690.08 85.52 Overpayment 5 Vnderpaymett. hnppyAveblop.wehmaN,tydmum.ne ITpMowattachment?ellentl N852cutions20alacales#gp=Wim8agonGdSM erwtNGIOX&uida49802&parM1 1/1