Preview
FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
_____________________________________________
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE AMENDED
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006-OA11, COMPLAINT
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-OA11, INDEX #
Plaintiff,
-against-
STEVEN NUNES; STACEY NUNES; PORTFOLIO
RECOVERY ASSOCIATES, LLC; THE LANDSCAPE
GROUP; NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, and JOHN DOE AND
JANE DOE #1 through #7, the last seven (7) names
being fictitious and unknown to the Plaintiff, the persons
or parties intended being the tenants, occupants, persons
or parties, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the complaint,
Defendants.
_____________________________________________
Plaintiff, The Bank of New York Mellon fka The Bank of New York, AS Trustee for the
Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA11, Mortgage Pass-Through
Certificates, Series 2006-OA11, by its attorneys, complaining of the Defendants, alleges upon
information and belief as follows:
1. That the Plaintiff herein is, and at all times hereinafter mentioned was, a
Corporation organized and existing under and by virtue of the laws of the United States of
America.
2. On May 5, 2006, the Defendants, Steven Nunes and Stacey Nunes (hereinafter
“Mortgagors”), executed and delivered to Countrywide Bank, N.A., a Note (hereinafter “the
Note”) in the principal sum of $580,000.00. A copy of the Note is annexed hereto as Exhibit “A”.
3. On May 5, 2006, the Mortgagors executed and delivered to Mortgage Electronic
Registration Systems, Inc., as Nominee for Countrywide Bank, N.A., a mortgage (hereinafter “the
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Mortgage”) in the principal sum of $580,000.00 with interest, mortgaging the premises known as
1 Hemptor Road, New City, NY 10956 (“the Premises”) as collateral security for the Note. The
mortgaged premises are more fully described in Schedule A annexed hereto.
4. The Mortgage was recorded on May 17, 2006, at Instrument # 2006-00026697, in
the Office of the Clerk of Rockland County, New York. A copy of the Mortgage is annexed hereto
as Exhibit “B”. Thereafter, said mortgage was modified by a Loan Modification Agreement
(hereinafter the “2013 Loan Modification”) dated August 28, 2013 and recorded in the Rockland
County Clerk’s Office on November 13, 2013 at Instrument # 2013-00041429 to form a new
principal balance of $500,713.11. A copy of the 2013 Loan Modification Agreement is annexed
hereto as Exhibit “C”. Thereafter, the Mortgage was assigned to The Bank of New York Mellon
fka The Bank of New York, AS Trustee for the Certificateholders of CWALT, Inc., Alternative
Loan Trust 2006-OA11, Mortgage Pass-Through Certificates, Series 2006-OA11 as evidenced by
assignment of mortgage recorded in the Rockland County Clerk’s Office on February 10, 2016 at
Instrument # 2016-00003811. A copy of the Assignment is annexed hereto as Exhibit “D”.
5. Plaintiff is the holder and has the right to enforce the note and mortgage.
6. Pursuant to the 2013 Loan Modification, the Mortgagors promised to make
consecutive monthly payments in initial amounts of $2,673.99 each month, representing principal
and interest, commencing on January 1, 2013, with subsequent payments to be made in accordance
with the terms of the Note on the first day of each succeeding month to and including June 1, 2046.
when the entire principal amount and accrued interest shall be due and payable.
7. Pursuant to the Mortgage, the Mortgagors promised to pay, in addition to principal
and interest, all amounts necessary to pay for taxes, assessments, leasehold payments or ground
rents (if any), hazard insurance and mortgage insurance.
8. The Mortgagors defaulted on their obligation under the terms of the Note and
Mortgage by failing and omitting to pay to the Plaintiff payments due on May 1, 2021 and said
default has continued for a period in excess of fifteen (15) days.
9. Plaintiff notified the Mortgagors of the default under the terms of the Note and
Mortgage however, the Mortgagor failed to remedy the default. A copy of the Notice of default
sent to the Mortgagors is annexed hereto as Exhibit “E”.
10. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does
hereby elect to declare the entire principal balance to be due and owing.
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11. By reason of the foregoing, there is now due and owing from the Mortgagors to
Plaintiff the principal sum of $688,911.80 plus interest and late charges.
12. The Note provides that in the event any installment shall become overdue for a
period in excess of fifteen (15) days a late charge of 2.000% on the overdue sum may be charged
for the purpose of defraying the expense in handling such delinquent payment.
13. The Mortgage further provides that in the event of default by the Mortgagors,
Plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and
allowances provided by law in bringing any action to protect its interest in the premises.
14. Plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of the payment after the date of commencement of this action
of any or all of the defaults mentioned herein, and such election shall continue and remain effective
until the costs and disbursements of this action and any and all future defaulted payments under
the aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid.
15. That in order to protect its security, the Plaintiff may be compelled during the
pendency of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and
other charges for the protection of the premises, and the Plaintiff requests that any sums so paid
by it shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and
adjudged a valid lien on the premises described herein.
16. The Plaintiff is now and was at the commencement of the within action the owner
of the Note and Mortgage securing the same or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject Mortgage and Note, and the
within subject Mortgage complies with the underwriting standards in §6-m of the Banking Law,
as well as the pre-foreclosure notice requirements, unless exempt from doing so.
17. Plaintiff has complied with all provisions of Banking Law §§ 595-a, 6-1 and 6-m,
Real Property Actions and Proceedings Law §§ 1304 and 1306, and any rules and regulations
promulgated thereunder, if applicable. Copies of the notices sent pursuant to RPAPL §1304
together with proof of filing pursuant to RPAPL §1306 are annexed hereto collectively as Exhibit
“F”.
18. That each of the Defendant(s), including but not limited to the aforementioned
Defendant(s), have or claim to have some interest in, or lien upon, the Premises or some part
thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s
Mortgage.
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19. That each and all defendants herein have or claim to have some interest in, or lien
upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued
subsequently to the lien of said mortgage, and is subject subordinate thereto. The liens of
defendants who are judgment creditors that were filed prior to origination of the mortgage are
subordinate to the lien of Plaintiff inasmuch as Plaintiff’s mortgage is a purchase money mortgage.
20. That any government agencies or instrumentalities are named as defendants herein
solely by reason of a lien as set forth herein as Schedule B.
21. That if the premises consist of more than one parcel, Plaintiff respectfully requests
that the judgment of foreclosure provide for the parcels be sold as one parcel.
22. There are no pending proceedings at law or otherwise to collect or enforce said
Note and Mortgage.
WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
A. That the Defendant(s) and all persons claiming under them, or any of them,
subsequent to the filing of the Notice of Pendency of this action and the recording of the mortgage
in the Office of the Clerk of Rockland County, the county in which said mortgaged premises are
located, and every person whose conveyance or encumbrance is subsequent or subsequently
recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and
equity of redemption of the said mortgaged premises and each and every part thereof;
B. that the premises be sold according to law;
C. that the amount due to Plaintiff on its Note and Mortgage may be adjudged;
D. that the monies received from the sale may be brought into Court;
E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the
time of such payment, together with the costs and disbursements of this action, together with
Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent
that the amount of such monies applicable thereto will pay the same;
F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits
of said premises and the usual powers and duties;
G. unless the Defendant, Steven Nunes, has been discharged by the United States
Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be
adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in
accordance with the law made and provided that Plaintiff have execution therefore;
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H. Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding
the Mortgage being foreclosed herein.
I. that the Plaintiff have such other and further relief as may be just and equitable
together with the costs, allowances and disbursements of this action.
Dated: Uniondale, New York
________________,
November 2 2022
Respectfully submitted,
Pincus Law Group, PLLC.
By:__________________________________________
Tabeetha Adde, Esq.
Attorneys for Plaintiff
425 RXR Plaza
Uniondale, NY 11556
516-699-8902
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1100 Virginia Drive, Suite 130
Fort Washington, PA 19034
Phone: 484-594-1146
Fax: 484-594-1624
LEGAL DESCRIPTIONS
All that certain plot, piece or parcel of land lying and being in New City, New York, described as follows:
ALL that certain plot, piece or parcel of land with the buildings, improvements thereon erected, situate, lying and being in the Town of
Clarkstown, County of Rockland, and State of New York shown and designated as Lot Number 2 in Block B on a certain map entitled,
"Subdivision Plat, Hemptor Acres, Town of Clarkstown, Rockland County, New York," dated 09/08/1970, made by Henry Horowitz,
P.E., and filed in the Office of the Clerk of Rockland County on 12/9/1970 in map Book 81 page 21 as Map 4088.
The improvements thereon being known as 1 Hemptor Road, New City, New York - 10956.
DISCLAIMER
It is our policy to type the legal description exactly as it appears on the most recently filed deed. We do not type legal descriptions from any other
document(s), even if those documents were recorded after the recording date of the most recently filed deed. It is the sole responsibility of the recipient of
this search to determine the accuracy of the legal description and to decide if a new survey would need to be conducted in order to come up with a new
legal description. We do not alter or create new legal descriptions
Property Search Report (Ref: 220712255) Page 8 of 8
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Donna Gorman SIIberman, Act Cnty CIk
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022
1 South Main St.,Ste. 100
New City, NY 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From : Return To :
NYS DEPT OF TAXATION & FINANCE NYS DEPT OF TAXATION & FINANCE
First GRANTOR
STATE TAX COMMISSION, CML ENFORCEMENT DMSION
First GRANTEE
NUNES, STEVEN F
Index Type : Land Records
Instr Number : 2020-00016338
Book : Page :
Type of instrument : Transcript of Judgment
Type of Transaction : Trans Judg
Recording Fee: $0.00
Recording Pages : 2
Recorded Information
State of New York
County of Rockland
I hereby certifythat the within and foregoing was
recorded inthe Clerk's office for Rockland County,
New York
On (Recorded Date) : 06/12/2020
At (Recorded Time) : 4:18:00 PM
MilMillMMII
Doc ID - 051170520002 Donna Gorman Silberman, Act Cnty
Clk
This sheet constitutesthe Clerks endorsement required by Section319 of Real Property Law of theState ofNew York
Entered sy NYROCKLANDUSER28 PrintedOn : 06/16/2020
At : 10:16:21AM
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TRANSCRIPT OF JUDGMENT
Attomey forJudgment
C
CREDITOR,
JUDGMENT DEBTOR: . JUDGMENT dre s
NUNES STEVEN F NYS DEPT OF TAXATION AND FINANCE -
13 NELSON CT I U½
TOMS RIVER, NJ 08757-4109 2020 JUN I2 P to 02
S & m b'
& ROCnLAND COUNTY
A (61n I2- CLERK'S OFFICE
JUDGMENT JUDGMENT AMOUNT OF JUDGMENT: Remarks: Date and manner of change ofstatus of judgment
DOCKETED: RENDERED:
DATE. CO
FILED DAMAGES AMOUNT:
12/12/2018
COUNTY: COST AMOUNT:
TIME· INTEREST:
FILED IND NUM
TOTAL: 242.94
09:11:52 AM X18-101910
Date:
EXECUTION SATISFIED ,
Return When How and To
County of Albany
Unsatisfied What Extent
PART 1, Bruce A. Hidley, Clerk of the County ofAlbany, do hereby certify that the
above is a correct Transcript from the Docket of judgments in my office.
FULL I have set and ··
in TESTIMiONY WHEREOF, hereunto my name affixed my.
official seal this first day of JUNE, 2020.
By .
Bruce A. Hidley, Coun Clerk
Albany County
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Donna Gorman SNberman, Act Cnty CIk
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022
1 South Main St.,Ste. 100
- -'-
New City, NY 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From : Return To :
NYS DEPARTMENT OF TAXATION AND FINANCE NYS DEPARTMENT OF TAXATION AND FINANCE
First GRANTOR
STATE TAX COMMISSION
First GRANTEE
NUNES, STEVEN F
Index Type : Land Records
Instr Number : 2020-00019318
Book : Page :
Type of Instrument : Transcript Of Judgment
Type of Transaction : Trans Judg
Recording Fee: $0.00
Recording Pages : 2
Recorded Information
State of New York
County of Rockland
I hereby certifythat the within and foregoing was
recorded in the Clerk's officefor Rockland County,
NewYork
On (Recorded : 07/14/2020
C
Date)
At (Recorded Time) : 12:09:00 PM
IIIRIIIMINA
Doc ID- 051349560002
Donna
Act
- A
Gorman
Cnty Clk
Silberman
This sheet constitutesthe Clerks endorsement requiredby Section 319 of Real Properly Law ofthe State of New York
Entered By: NYROCKLANDUSER9 Printed
9 of 178On : 07/14/2020 At : 12·09:46PM
FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022
TRANSCRIPT OF JUDGMENT
Attomey forJudgment
C
JUDGMENT DEBTOR: JUDGMENT CREDITOR: A dr as
NUNES STEVEN F NYS DEPT OF TAXATION AND FINANCE
13 NELSON CT
N
TOMS RIVER, NJ 08757-4109 dt0 31 E JB
/
PIERCENUNES STACEY FILED
13 NELSON CT f Î c:t
TOMS RIVER, NJ 08757-4109 JUL f 4 m
> Ny )
Da¾-goof ROCKLAND COUNTY
CLERK'S OFFICE
Remarks· manner
JUDGMENT JUDGMENT AMOUNT OF JUDGMENT: Date and of change ofstatus of judgment
DOCKETED: RENDERED:
DATE. C T
FILED DAMAGES AMOUNT:
11/15/2017
COUNTY: COST AMOUNT:
FILED TIME: INDEX NUM:
TOTAL 5,119.70
09:05:11 AM X17-82492
EXECUTION üATISF D
State of New York
Retum When How and To
Unsatisfied What Extent
County of hny
PART I,Bruce A. Hidley, Clerk of the County of Albany, do hereby certify that the
. above is a correct Transcript from the Docket of Judgments in my office.
FULL in TESTIMONY I have hereunto set name and affixed
WHEREOF, my my
official seal this seventeenth day of JUNE, 2020.
By
Bruce A. Hidley, ounty Clerk
Albany County
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EXHIBIT
A
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Papa,redby: MICHELLE HALUPA
ADJUSTABLE RATE NOTE
(MTA - Twelve Month Average Index - Payment Caps)
THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE MONTHLY
AMOUNT THE· OR
PAY MENT. THERE MAY BE A LIMIT ON THE THAT MONTHLY PAYMENT CAN INCREASE
DECREASE. THE PRINC1PAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY
BORROWED, BUT NOT MORE THAN THE MAXIMUM LIMIT STATED IN THIS NOTE.
MAY 05, 20 06 WHITE PLAINS NEW YORK
[Date] [City] [State]
1 HEMPTOR ROAD, NEW CITY, NY 10 95 6-2 50 8
[PropertyAddress]
1. BORROWER'S PROMISE TO PAY
In retum for a loanthatI have received, I promise to pay U.S. $ 580, 000 . 00 (thisamount is called
"Principal"),
plus interest,to theorder of Lender. The Principal amount may increaseas provided under the terms of thisNote but will never
110 Ilnlit."
exceed percent of the PrincipalamountI originallyborrowed. This is calledthe "Maximum Leader is
Countrywide Bank, N.A.
I willmake allpayments under thisNote in the form of cash, check ormoney order.
I understand that Lender may transfer thisNote. Lender or anyone who takes thisNote by transfer and who is entitledto
Holder."
receive payments under thisNote is calledthe "Note
2. INTEREST
(A) InterestRate
Interest willbe charged on unpaid Principal until thefull amount ofPrincipal has been paid. Up untilthe firstday of the
calendar month that immediately precedes thefirstmonthly payment due dateset forthin Section 3 of this
Note, I willpay interest
at a yearlyrate of 7. 625 %. Additional days interestcollectedprior tothe firstmonthly payment due date issometimes
Diem"
called "Per interestand is due at the tirneI close my loan.Thereafter until the firstInterestRate Change Date, defined
below in Section 2(B),I willpay interestat a yearlyrate of 2 . 250 %. This rate is sometimes referred to as the "Start
Rate"
and isused tocalculate theinitialmonthly payment described in Section 3. The interestraterequired by thisSection 2 of
thisNote isthe rateI willpay both before and after any defaultdescribed inSection 7(B) ofthisNote.
(B) InterestRate Change Dates
The interest rateI will pay may change on the first day of JULY, 2 006 , and on
that Date."
day every month thereafter.Each dateon which my interestrate could change is called an "Interest
Rate Change The
new rate of interestwill become effective on each InterestRate Change Date. The interestrate may change monthly, but the
monthly payment is recalculated
in accordance with Section 3.
(C) Index
"Index"
Beginning with the first
InterestRate Change Date, my adjustableinterestratewill be based on an Index. The isthe
Average"
"Twelve-Month of theannual yieldson activelytradedUnited StatesTreasury Securitiesadjusted to a constantmaturity
of one year as published by the Federal Reserve Board in theFederal Reserve Statistica1Release entitled"Selected InterestRates
" PayOptionARM Note - NFFAlndex
1E306-XX (12/05)(d) Pagetof5
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(H.15)"
(the "Monthly Yields"). The Twelve'Month Average isdetermined by adding together the Monthly Yields for the most
recently availabletwelve months and dividing by 12.The most recent Index figureavailable as of thedate 15 days before each
InterestRate Chatply the payment as
provided in Section 3(A).
. (F) Limit on My Unpaid Principal;Increased Monthly Payment
My unpaid Principal can never exceed the Maximum Limit equal to ONE HUNDRED TEN percent
( 110 %) of the Principal amount I originallyborrowed. My unpaid Principal could exceed that Maxinnun Limit
due to Minimum Payments and interestrateincreases. In thatevent, on.the date thatmy paying my Minimum Payment would
cause me to exceed that I
limit, williñstead pay a new Minimum Payment This means that my monthly payment may change
more frequently than annually and such payment changes will not be limited by the Payment Cap. The new Minimum Payment
will be in an amount thatwould be sufficient
to repaymy then unpaid Principalin fullon the Maturity Date in equal
substantially
payments atthe current interestrate.
(G) Required Full Payment
On thetenth Payment Change Date and on each succeeding fifthPayment Change Date thereafter,I will
begin paying the FullPayment as my Minimum Payment untilmy monthly payment changes again. I also willbegin paying the
Full Payment as my Minimum Payment on the finalPayment Change Date.
(H) Payment Options
After the firstInterestRate Change Date, theNote Holder may provide me with up to three (3)additional payment options
Options."
thatare greater than the Minimum Payment, which ate called "Payment The Payment Options are calculated using the
new interestrate inaccordance with Section 2(D). I may be given the following Payment Options:
(i) Interest Only Payment: the amount thatwould pay the interestportionof the monthly payment The Principal
balance will not be decreased by thisPayment Option and it isonly availableifthe interestportion exceeds the Minimum
Payment.
(ii) Amortized Payment: the amount necessary to pay the loan off(Principal and interest)at the Maturity Date in
substantiallyequal payments. This monthly payment amount is calculatedon the assumption thatthe currentnite willremain
in effectforthe remaining term.
(iii) 15 Year Amortized Payment: theamount necessary topay theloan off(Principaland interest)withina fifteen
(15) year term from thefirstpayment due date in substantiallyequal payments. This monihly payment amount iscalculated
on the assumption thatthe currentratewillremain ineffect forthe remaining term.
These Payment Options are onlyapplicable ifthey aregreater than theMinimum Payment.
4. NOTICE OF CHANGES
The Note Holder will deliveror mail to me a notice of any changes in the amount of my monthly payment before the
effective date of any change. The notice will include information required by law to be given to me and also the title
and
telephone nuinber of a person who willanswer any questionI may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right tomake payments of Principalatany time before they aredue. A payment of Principal only isknown as a
"Prepayment."
When I make a Prepayment, I willtellthe Note Holder in writing thatI am doing so. I may not designate a
payment as a Prepayment ifI have notmade allthe monthly payments due under thisNote.
I may make a fullPrepayment or partial
Prepayments without paying any Prepayment charge. The Note Holder willuse my
Prepayments to reduce the amount of Principal thatI owe under thisNote. If I make a partial Prepayment, there will be no
changes inthe due dates of my monthly payments. My partialPrepayment may reduce theamount of my monthly payments after
the firstPayment Change Date following my partialPrepayment. However, any reduction due to my partialPrepayment may be
offsetby an interestrateincrease. .
6. LOAN CHARGES
Ifa law, which appliesto thisloan and which sets maximum loan charges, is finallyinterpretedso that theinterestor other
loan charges collected or tobe collected
in connection with thisloan exceed the permitted limits,then: (a)any such loan charge
shallbe reduced by the amount necessary to reducethe charge tothe pennitted limit;and (b)any sums already collectedfrom me
" Payoption ARM Note - MTA Index
1 E306-XX(12/o5) Page 3 of 5
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thatexceeded pennitted limitswiII be refunded to me. The Note Holder may choose to maEe thisrefon
I owe under thisNote or by making a directpayment to me. Ifarefund reduces Principal,the reductionwill be treatedas a partial
Prepayment.
7. BORROWER'STAILURE TO PAY AS REQUIRED .
(A) Late Charges for Overdue Payments
Ifthe Note Holder has not receivedthe fullamount of any Minimum Payment by theend offifteen (15) calendardays after
the date itisdue, I willpay a latecharge tothe Note Holder. The amount ofthe charge willbe 2 . 0 00 % ofthe Minimum
Payment. I willpay this latecharge promptly but only once on eachlatepayment,
(B) Default
IfI do not pay the fallamount of each Minimum Payment on the dateitis due,Iwillbe in default.
(C) Notice of Default
IfI am in default,the Note Holder may send me a writtennotice me
telling thatifI do not pay theMinimum Payment by a
certain date, the Note Holder may require me to pay immediately thefullamount of Principal thathas not been paidand allthe
interest thatI owe. The date must be atleast 30 days after the dateon which the notice is mailed to me or deliveredby other
Bleans.
(D) No Waiver By Note Holder
Even if,at a time when Iam indefault,the Note Holder does not require me to pay immediately in full
as described above,
the Note Holder willstillhave theright todo so ifI am in default time.
at a later
Preview
FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND _____________________________________________ THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE AMENDED CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA11, COMPLAINT MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA11, INDEX # Plaintiff, -against- STEVEN NUNES; STACEY NUNES; PORTFOLIO RECOVERY ASSOCIATES, LLC; THE LANDSCAPE GROUP; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious and unknown to the Plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. _____________________________________________ Plaintiff, The Bank of New York Mellon fka The Bank of New York, AS Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA11, Mortgage Pass-Through Certificates, Series 2006-OA11, by its attorneys, complaining of the Defendants, alleges upon information and belief as follows: 1. That the Plaintiff herein is, and at all times hereinafter mentioned was, a Corporation organized and existing under and by virtue of the laws of the United States of America. 2. On May 5, 2006, the Defendants, Steven Nunes and Stacey Nunes (hereinafter “Mortgagors”), executed and delivered to Countrywide Bank, N.A., a Note (hereinafter “the Note”) in the principal sum of $580,000.00. A copy of the Note is annexed hereto as Exhibit “A”. 3. On May 5, 2006, the Mortgagors executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for Countrywide Bank, N.A., a mortgage (hereinafter “the 1 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 Mortgage”) in the principal sum of $580,000.00 with interest, mortgaging the premises known as 1 Hemptor Road, New City, NY 10956 (“the Premises”) as collateral security for the Note. The mortgaged premises are more fully described in Schedule A annexed hereto. 4. The Mortgage was recorded on May 17, 2006, at Instrument # 2006-00026697, in the Office of the Clerk of Rockland County, New York. A copy of the Mortgage is annexed hereto as Exhibit “B”. Thereafter, said mortgage was modified by a Loan Modification Agreement (hereinafter the “2013 Loan Modification”) dated August 28, 2013 and recorded in the Rockland County Clerk’s Office on November 13, 2013 at Instrument # 2013-00041429 to form a new principal balance of $500,713.11. A copy of the 2013 Loan Modification Agreement is annexed hereto as Exhibit “C”. Thereafter, the Mortgage was assigned to The Bank of New York Mellon fka The Bank of New York, AS Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA11, Mortgage Pass-Through Certificates, Series 2006-OA11 as evidenced by assignment of mortgage recorded in the Rockland County Clerk’s Office on February 10, 2016 at Instrument # 2016-00003811. A copy of the Assignment is annexed hereto as Exhibit “D”. 5. Plaintiff is the holder and has the right to enforce the note and mortgage. 6. Pursuant to the 2013 Loan Modification, the Mortgagors promised to make consecutive monthly payments in initial amounts of $2,673.99 each month, representing principal and interest, commencing on January 1, 2013, with subsequent payments to be made in accordance with the terms of the Note on the first day of each succeeding month to and including June 1, 2046. when the entire principal amount and accrued interest shall be due and payable. 7. Pursuant to the Mortgage, the Mortgagors promised to pay, in addition to principal and interest, all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8. The Mortgagors defaulted on their obligation under the terms of the Note and Mortgage by failing and omitting to pay to the Plaintiff payments due on May 1, 2021 and said default has continued for a period in excess of fifteen (15) days. 9. Plaintiff notified the Mortgagors of the default under the terms of the Note and Mortgage however, the Mortgagor failed to remedy the default. A copy of the Notice of default sent to the Mortgagors is annexed hereto as Exhibit “E”. 10. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 2 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 11. By reason of the foregoing, there is now due and owing from the Mortgagors to Plaintiff the principal sum of $688,911.80 plus interest and late charges. 12. The Note provides that in the event any installment shall become overdue for a period in excess of fifteen (15) days a late charge of 2.000% on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. 13. The Mortgage further provides that in the event of default by the Mortgagors, Plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises. 14. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective until the costs and disbursements of this action and any and all future defaulted payments under the aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid. 15. That in order to protect its security, the Plaintiff may be compelled during the pendency of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and other charges for the protection of the premises, and the Plaintiff requests that any sums so paid by it shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and adjudged a valid lien on the premises described herein. 16. The Plaintiff is now and was at the commencement of the within action the owner of the Note and Mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Mortgage and Note, and the within subject Mortgage complies with the underwriting standards in §6-m of the Banking Law, as well as the pre-foreclosure notice requirements, unless exempt from doing so. 17. Plaintiff has complied with all provisions of Banking Law §§ 595-a, 6-1 and 6-m, Real Property Actions and Proceedings Law §§ 1304 and 1306, and any rules and regulations promulgated thereunder, if applicable. Copies of the notices sent pursuant to RPAPL §1304 together with proof of filing pursuant to RPAPL §1306 are annexed hereto collectively as Exhibit “F”. 18. That each of the Defendant(s), including but not limited to the aforementioned Defendant(s), have or claim to have some interest in, or lien upon, the Premises or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s Mortgage. 3 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 19. That each and all defendants herein have or claim to have some interest in, or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of said mortgage, and is subject subordinate thereto. The liens of defendants who are judgment creditors that were filed prior to origination of the mortgage are subordinate to the lien of Plaintiff inasmuch as Plaintiff’s mortgage is a purchase money mortgage. 20. That any government agencies or instrumentalities are named as defendants herein solely by reason of a lien as set forth herein as Schedule B. 21. That if the premises consist of more than one parcel, Plaintiff respectfully requests that the judgment of foreclosure provide for the parcels be sold as one parcel. 22. There are no pending proceedings at law or otherwise to collect or enforce said Note and Mortgage. WHEREFORE, Plaintiff demands judgment against the Defendants as follows: A. That the Defendant(s) and all persons claiming under them, or any of them, subsequent to the filing of the Notice of Pendency of this action and the recording of the mortgage in the Office of the Clerk of Rockland County, the county in which said mortgaged premises are located, and every person whose conveyance or encumbrance is subsequent or subsequently recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and equity of redemption of the said mortgaged premises and each and every part thereof; B. that the premises be sold according to law; C. that the amount due to Plaintiff on its Note and Mortgage may be adjudged; D. that the monies received from the sale may be brought into Court; E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with the costs and disbursements of this action, together with Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent that the amount of such monies applicable thereto will pay the same; F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits of said premises and the usual powers and duties; G. unless the Defendant, Steven Nunes, has been discharged by the United States Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law made and provided that Plaintiff have execution therefore; 4 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 H. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the Mortgage being foreclosed herein. I. that the Plaintiff have such other and further relief as may be just and equitable together with the costs, allowances and disbursements of this action. Dated: Uniondale, New York ________________, November 2 2022 Respectfully submitted, Pincus Law Group, PLLC. By:__________________________________________ Tabeetha Adde, Esq. Attorneys for Plaintiff 425 RXR Plaza Uniondale, NY 11556 516-699-8902 5 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 1100 Virginia Drive, Suite 130 Fort Washington, PA 19034 Phone: 484-594-1146 Fax: 484-594-1624 LEGAL DESCRIPTIONS All that certain plot, piece or parcel of land lying and being in New City, New York, described as follows: ALL that certain plot, piece or parcel of land with the buildings, improvements thereon erected, situate, lying and being in the Town of Clarkstown, County of Rockland, and State of New York shown and designated as Lot Number 2 in Block B on a certain map entitled, "Subdivision Plat, Hemptor Acres, Town of Clarkstown, Rockland County, New York," dated 09/08/1970, made by Henry Horowitz, P.E., and filed in the Office of the Clerk of Rockland County on 12/9/1970 in map Book 81 page 21 as Map 4088. The improvements thereon being known as 1 Hemptor Road, New City, New York - 10956. DISCLAIMER It is our policy to type the legal description exactly as it appears on the most recently filed deed. We do not type legal descriptions from any other document(s), even if those documents were recorded after the recording date of the most recently filed deed. It is the sole responsibility of the recipient of this search to determine the accuracy of the legal description and to decide if a new survey would need to be conducted in order to come up with a new legal description. We do not alter or create new legal descriptions Property Search Report (Ref: 220712255) Page 8 of 8 6 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 Donna Gorman SIIberman, Act Cnty CIk NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 1 South Main St.,Ste. 100 New City, NY 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From : Return To : NYS DEPT OF TAXATION & FINANCE NYS DEPT OF TAXATION & FINANCE First GRANTOR STATE TAX COMMISSION, CML ENFORCEMENT DMSION First GRANTEE NUNES, STEVEN F Index Type : Land Records Instr Number : 2020-00016338 Book : Page : Type of instrument : Transcript of Judgment Type of Transaction : Trans Judg Recording Fee: $0.00 Recording Pages : 2 Recorded Information State of New York County of Rockland I hereby certifythat the within and foregoing was recorded inthe Clerk's office for Rockland County, New York On (Recorded Date) : 06/12/2020 At (Recorded Time) : 4:18:00 PM MilMillMMII Doc ID - 051170520002 Donna Gorman Silberman, Act Cnty Clk This sheet constitutesthe Clerks endorsement required by Section319 of Real Property Law of theState ofNew York Entered sy NYROCKLANDUSER28 PrintedOn : 06/16/2020 At : 10:16:21AM 7 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 TRANSCRIPT OF JUDGMENT Attomey forJudgment C CREDITOR, JUDGMENT DEBTOR: . JUDGMENT dre s NUNES STEVEN F NYS DEPT OF TAXATION AND FINANCE - 13 NELSON CT I U½ TOMS RIVER, NJ 08757-4109 2020 JUN I2 P to 02 S & m b' & ROCnLAND COUNTY A (61n I2- CLERK'S OFFICE JUDGMENT JUDGMENT AMOUNT OF JUDGMENT: Remarks: Date and manner of change ofstatus of judgment DOCKETED: RENDERED: DATE. CO FILED DAMAGES AMOUNT: 12/12/2018 COUNTY: COST AMOUNT: TIME· INTEREST: FILED IND NUM TOTAL: 242.94 09:11:52 AM X18-101910 Date: EXECUTION SATISFIED , Return When How and To County of Albany Unsatisfied What Extent PART 1, Bruce A. Hidley, Clerk of the County ofAlbany, do hereby certify that the above is a correct Transcript from the Docket of judgments in my office. FULL I have set and ·· in TESTIMiONY WHEREOF, hereunto my name affixed my. official seal this first day of JUNE, 2020. By . Bruce A. Hidley, Coun Clerk Albany County 8 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 Donna Gorman SNberman, Act Cnty CIk NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 1 South Main St.,Ste. 100 - -'- New City, NY 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From : Return To : NYS DEPARTMENT OF TAXATION AND FINANCE NYS DEPARTMENT OF TAXATION AND FINANCE First GRANTOR STATE TAX COMMISSION First GRANTEE NUNES, STEVEN F Index Type : Land Records Instr Number : 2020-00019318 Book : Page : Type of Instrument : Transcript Of Judgment Type of Transaction : Trans Judg Recording Fee: $0.00 Recording Pages : 2 Recorded Information State of New York County of Rockland I hereby certifythat the within and foregoing was recorded in the Clerk's officefor Rockland County, NewYork On (Recorded : 07/14/2020 C Date) At (Recorded Time) : 12:09:00 PM IIIRIIIMINA Doc ID- 051349560002 Donna Act - A Gorman Cnty Clk Silberman This sheet constitutesthe Clerks endorsement requiredby Section 319 of Real Properly Law ofthe State of New York Entered By: NYROCKLANDUSER9 Printed 9 of 178On : 07/14/2020 At : 12·09:46PM FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 TRANSCRIPT OF JUDGMENT Attomey forJudgment C JUDGMENT DEBTOR: JUDGMENT CREDITOR: A dr as NUNES STEVEN F NYS DEPT OF TAXATION AND FINANCE 13 NELSON CT N TOMS RIVER, NJ 08757-4109 dt0 31 E JB / PIERCENUNES STACEY FILED 13 NELSON CT f Î c:t TOMS RIVER, NJ 08757-4109 JUL f 4 m > Ny ) Da¾-goof ROCKLAND COUNTY CLERK'S OFFICE Remarks· manner JUDGMENT JUDGMENT AMOUNT OF JUDGMENT: Date and of change ofstatus of judgment DOCKETED: RENDERED: DATE. C T FILED DAMAGES AMOUNT: 11/15/2017 COUNTY: COST AMOUNT: FILED TIME: INDEX NUM: TOTAL 5,119.70 09:05:11 AM X17-82492 EXECUTION üATISF D State of New York Retum When How and To Unsatisfied What Extent County of hny PART I,Bruce A. Hidley, Clerk of the County of Albany, do hereby certify that the . above is a correct Transcript from the Docket of Judgments in my office. FULL in TESTIMONY I have hereunto set name and affixed WHEREOF, my my official seal this seventeenth day of JUNE, 2020. By Bruce A. Hidley, ounty Clerk Albany County 10 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 EXHIBIT A 11 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 Papa,redby: MICHELLE HALUPA ADJUSTABLE RATE NOTE (MTA - Twelve Month Average Index - Payment Caps) THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE MONTHLY AMOUNT THE· OR PAY MENT. THERE MAY BE A LIMIT ON THE THAT MONTHLY PAYMENT CAN INCREASE DECREASE. THE PRINC1PAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE MAXIMUM LIMIT STATED IN THIS NOTE. MAY 05, 20 06 WHITE PLAINS NEW YORK [Date] [City] [State] 1 HEMPTOR ROAD, NEW CITY, NY 10 95 6-2 50 8 [PropertyAddress] 1. BORROWER'S PROMISE TO PAY In retum for a loanthatI have received, I promise to pay U.S. $ 580, 000 . 00 (thisamount is called "Principal"), plus interest,to theorder of Lender. The Principal amount may increaseas provided under the terms of thisNote but will never 110 Ilnlit." exceed percent of the PrincipalamountI originallyborrowed. This is calledthe "Maximum Leader is Countrywide Bank, N.A. I willmake allpayments under thisNote in the form of cash, check ormoney order. I understand that Lender may transfer thisNote. Lender or anyone who takes thisNote by transfer and who is entitledto Holder." receive payments under thisNote is calledthe "Note 2. INTEREST (A) InterestRate Interest willbe charged on unpaid Principal until thefull amount ofPrincipal has been paid. Up untilthe firstday of the calendar month that immediately precedes thefirstmonthly payment due dateset forthin Section 3 of this Note, I willpay interest at a yearlyrate of 7. 625 %. Additional days interestcollectedprior tothe firstmonthly payment due date issometimes Diem" called "Per interestand is due at the tirneI close my loan.Thereafter until the firstInterestRate Change Date, defined below in Section 2(B),I willpay interestat a yearlyrate of 2 . 250 %. This rate is sometimes referred to as the "Start Rate" and isused tocalculate theinitialmonthly payment described in Section 3. The interestraterequired by thisSection 2 of thisNote isthe rateI willpay both before and after any defaultdescribed inSection 7(B) ofthisNote. (B) InterestRate Change Dates The interest rateI will pay may change on the first day of JULY, 2 006 , and on that Date." day every month thereafter.Each dateon which my interestrate could change is called an "Interest Rate Change The new rate of interestwill become effective on each InterestRate Change Date. The interestrate may change monthly, but the monthly payment is recalculated in accordance with Section 3. (C) Index "Index" Beginning with the first InterestRate Change Date, my adjustableinterestratewill be based on an Index. The isthe Average" "Twelve-Month of theannual yieldson activelytradedUnited StatesTreasury Securitiesadjusted to a constantmaturity of one year as published by the Federal Reserve Board in theFederal Reserve Statistica1Release entitled"Selected InterestRates " PayOptionARM Note - NFFAlndex 1E306-XX (12/05)(d) Pagetof5 12 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 (H.15)" (the "Monthly Yields"). The Twelve'Month Average isdetermined by adding together the Monthly Yields for the most recently availabletwelve months and dividing by 12.The most recent Index figureavailable as of thedate 15 days before each InterestRate Chatply the payment as provided in Section 3(A). . (F) Limit on My Unpaid Principal;Increased Monthly Payment My unpaid Principal can never exceed the Maximum Limit equal to ONE HUNDRED TEN percent ( 110 %) of the Principal amount I originallyborrowed. My unpaid Principal could exceed that Maxinnun Limit due to Minimum Payments and interestrateincreases. In thatevent, on.the date thatmy paying my Minimum Payment would cause me to exceed that I limit, williñstead pay a new Minimum Payment This means that my monthly payment may change more frequently than annually and such payment changes will not be limited by the Payment Cap. The new Minimum Payment will be in an amount thatwould be sufficient to repaymy then unpaid Principalin fullon the Maturity Date in equal substantially payments atthe current interestrate. (G) Required Full Payment On thetenth Payment Change Date and on each succeeding fifthPayment Change Date thereafter,I will begin paying the FullPayment as my Minimum Payment untilmy monthly payment changes again. I also willbegin paying the Full Payment as my Minimum Payment on the finalPayment Change Date. (H) Payment Options After the firstInterestRate Change Date, theNote Holder may provide me with up to three (3)additional payment options Options." thatare greater than the Minimum Payment, which ate called "Payment The Payment Options are calculated using the new interestrate inaccordance with Section 2(D). I may be given the following Payment Options: (i) Interest Only Payment: the amount thatwould pay the interestportionof the monthly payment The Principal balance will not be decreased by thisPayment Option and it isonly availableifthe interestportion exceeds the Minimum Payment. (ii) Amortized Payment: the amount necessary to pay the loan off(Principal and interest)at the Maturity Date in substantiallyequal payments. This monthly payment amount is calculatedon the assumption thatthe currentnite willremain in effectforthe remaining term. (iii) 15 Year Amortized Payment: theamount necessary topay theloan off(Principaland interest)withina fifteen (15) year term from thefirstpayment due date in substantiallyequal payments. This monihly payment amount iscalculated on the assumption thatthe currentratewillremain ineffect forthe remaining term. These Payment Options are onlyapplicable ifthey aregreater than theMinimum Payment. 4. NOTICE OF CHANGES The Note Holder will deliveror mail to me a notice of any changes in the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone nuinber of a person who willanswer any questionI may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right tomake payments of Principalatany time before they aredue. A payment of Principal only isknown as a "Prepayment." When I make a Prepayment, I willtellthe Note Holder in writing thatI am doing so. I may not designate a payment as a Prepayment ifI have notmade allthe monthly payments due under thisNote. I may make a fullPrepayment or partial Prepayments without paying any Prepayment charge. The Note Holder willuse my Prepayments to reduce the amount of Principal thatI owe under thisNote. If I make a partial Prepayment, there will be no changes inthe due dates of my monthly payments. My partialPrepayment may reduce theamount of my monthly payments after the firstPayment Change Date following my partialPrepayment. However, any reduction due to my partialPrepayment may be offsetby an interestrateincrease. . 6. LOAN CHARGES Ifa law, which appliesto thisloan and which sets maximum loan charges, is finallyinterpretedso that theinterestor other loan charges collected or tobe collected in connection with thisloan exceed the permitted limits,then: (a)any such loan charge shallbe reduced by the amount necessary to reducethe charge tothe pennitted limit;and (b)any sums already collectedfrom me " Payoption ARM Note - MTA Index 1 E306-XX(12/o5) Page 3 of 5 14 of 178 FILED: ROCKLAND COUNTY CLERK 11/02/2022 01:27 PM INDEX NO. 034637/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/02/2022 thatexceeded pennitted limitswiII be refunded to me. The Note Holder may choose to maEe thisrefon I owe under thisNote or by making a directpayment to me. Ifarefund reduces Principal,the reductionwill be treatedas a partial Prepayment. 7. BORROWER'STAILURE TO PAY AS REQUIRED . (A) Late Charges for Overdue Payments Ifthe Note Holder has not receivedthe fullamount of any Minimum Payment by theend offifteen (15) calendardays after the date itisdue, I willpay a latecharge tothe Note Holder. The amount ofthe charge willbe 2 . 0 00 % ofthe Minimum Payment. I willpay this latecharge promptly but only once on eachlatepayment, (B) Default IfI do not pay the fallamount of each Minimum Payment on the dateitis due,Iwillbe in default. (C) Notice of Default IfI am in default,the Note Holder may send me a writtennotice me telling thatifI do not pay theMinimum Payment by a certain date, the Note Holder may require me to pay immediately thefullamount of Principal thathas not been paidand allthe interest thatI owe. The date must be atleast 30 days after the dateon which the notice is mailed to me or deliveredby other Bleans. (D) No Waiver By Note Holder Even if,at a time when Iam indefault,the Note Holder does not require me to pay immediately in full as described above, the Note Holder willstillhave theright todo so ifI am in default time. at a later