Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022
EXHIBIT A
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022
ORIGINAL
ADJUSTABLE RATE BALLOON NOTE
(LIBOR Six-Month Index (As Published In The Wall StreetJournal) -Rate Caps)
CDOENO
LOAN #:
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE
OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE
THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER
ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER
YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT
MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED
WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
OCTOBER 20 , 2006 BROOKLYN . NEW YORK
[Date] [City] [State]
84 WOLCOTT AVENUE , STATEN ISLAND, NY 10312
[Property Address]
1. BORROWER'S PROMISE TO PAY
In returnfor a loan thatI have I promise to U.S. $ 245 , 000. 00 (thisamount iscalled
received, pay
"Principal"),plus to
interest, the order ofLender. Lender is WALL STREET MORTGAGE BANKERS, LTD
. I willmake allpayments under thisNote in theform of cash,
check or money order.
I understandthat Lender may transferthisNote. Lender or anyone who takes thisNote by transfer and who is entitled
Holder."
to receivepayments under thisNote iscalled the "Note
2. INTEREST
Interest will be charged on unpaid principaluntil the fullamount ofPrincipal has been paid. I will pay interestat a
yearlyrateof 7.375 %. The rate
interest I will pay may change-in accordance with Section 4 ofthis Note.
The interest
raterequired by thisSection 2 and Section 4 ofthis Note isthe rate Iwill pay both before and afterany
defaultdescribed in Section 7(B) of thisNote.
3. PAYMENTS
(A) Time and Place of Payments
I willpay principal and interestby making a payment every month.
I willmake my monthly payments on the first
day ofeach month beginning on DECEMBER 1, 200 6 .
My monthly payments willbe based on an assumed 40 -year amortization period (the "Amortization Period").
I willmake these payments every month untilI have paid all of the principal and interestand any other charges
described below that Imay owe under thisNote. Each monthly payment will be applied as of itsscheduled due date and will
be applied to before
interest Principal. If,on NOVEMBER 1, 203 6 , I stillowe amounts under this Note, Iwill
Date."
pay those amounts in fullon thatdate, which is calledthe "Maturity
I willmake payments at 1111 MARCUS AVENUE , 3RD FLOOR, LAKE SUCCESS, NY
my monthly
11042 or at a different
place ifrequired Note Holder.
by
(B) Amount of My InitialMonthly Payments
Each of initial payments willbe inthe amount of U.S.$ 1,589. 69 . This amount change.
my monthly may
(C) Monthly Payment Changes
Changes inmy monthly payment willreflect changes in theunpaid principal of my loan and in the interestratethat I
must pay. The Note Holder will determine my new interestrate and the changed amount of my monthly payment in
accordance with Section 4 of thisNote.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interestrateI willpay may change on the firstday of NOVEMBER, 2009 , and on thatday every 6TH
Date."
month thereafter.Each dateon which my interestrate could change is calleda "Change
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Adjustable Rate Balloon Note(Multistate)
RE-527(011806)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022
(B) The Index
"Index"
Beginning with the firstChange Date, my interest rate will be based on an Index. The is the average of
interbank offered ratesfor six month U.S. dollar-denominated deposits in theLondon market ("LIBOR"), as published inThe
Wall Street Journal. The most recent Index figureavailable as of the firstbusiness day ofthe month immediately preceding
Index."
the month inwhich the Change Date occurs is calledthe "Current
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder willgive me noticeof thischoice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculatemy new interestrate by adding
FIVE AND NINETY-FIVE HUNDREDTHS percentage points
5 . 950 to the Current Index. The Note Holder will then round the result of this addition to the nearest one-
( %)
eighth of one percentage point (0.125%). Subject to the limitsstated in Section 4(D) below, thisrounded amount will be my
new interest
rateuntil the next Change Date.
The Note Holder will then determine the amount of monthly payment thatwould be sufficientto repay the unpaid
principalthatI am expected to owe on the Change Date in full over the remaining Amortization Period at my new interestrate
in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
Notwithstanding the Amortization Period applicable to thisNote, the entire unpaid principal amount will be fullydue and
payable on the Maturity Date.
(D) Limits on Interest Rate Changes
The interest
rateI am requiredto pay at thefirstChange Date willnot be greater than 9. 375 % or less than
7. 375 %. Thereafter,my interestratewill never be increased or decreased on any single Change Date by more than
TWO percentage point(s)
( 2 . 000 %) from the rate ofinterest I have been paying for thepreceding 6 months. My interestratewill
never be greaterthan 14 . 375 %.
(E) Effective Date ofChanges
My new interestratewill become effectiveon each Change Date. I willpay the amount ofmy new monthly payment
beginning on the first
monthly payment date afterthe Change Date untilthe amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver ormail tome a notice ofany changes inmy interestrate and the amount of my monthly
payment before the effective date of any change. The notice will include information required by law tobe given to me and
also thetitleand telephone number of a person who willans wer any question Imay have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have theright tomake payments ofPrincipal at any time before they are due. A payment ofPrincipal only is known
"Prepayment."
as a When I make a Prepayment, I willtelltheNote Holder inwriting that Iam doing so. I may not designate a
payment as a Prepayment ifI have not made allthe monthly payments due under this Note.
I may make a fullPrepayment orpartialPrepayments without paying any Prepayment charge. The Note Holder will
use my Prepayments toreduce the amount of Principalthat I owe under thisNote. However, the Note Holder may apply my
Prepayment to the accrued and unpaid intereston the Prepayment amount before applying my Prepayment to reduce the
Principal amount of this Note. If I make a partialPrepayment, there willbe no changes in the due dates of my monthly
payments unless the Note Holder agrees in writing to those changes. My partialPrepayment may reduce the amount of my
monthly payments afterthe firstChange Date following my partialPrepayment. However, any reduction due to my partial
Prepayment may be offsetby an interestrateincrease.
6. LOAN CHARGES
Ifa law, which applies tothis loan and which setsmaximum loan charges, is finallyinterpreted so thatthe interestor
other loan charges collected or tobe collected in connection with this loan exceed the permitted limits,then: (a)any such loan
charge shallbe reduced by theamount necessary toreduce thecharge to thepermitted limit;and (b) any sums already collected
from me thatexceeded permitted limits willbe refunded to me. The Note Holder may choose to make this refund by reducing
the PrincipalI owe under thisNote or by making a directpayment to me. Ifa refund reduces Principal, the reduction willbe
treatedas a partial
Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
Ifthe Note Holder has not received thefull amount ofany monthly payment by the end of 15 calendar days
afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount of the charge will be 2. 000 % of
my overdue payment of principal and interest.
I willpay this latecharge promptly but only once on each latepayment.
(B) Default
IfI do not pay thefullamount of each monthly payment on the date itisdue, I willbe in default.
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Adjustable Rate Balloon Note (Multistate)
RE-527 (011806)
Bo¶tE.vrx o2/1s/200s
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022
(C) Notice of Default
IfI am in default,the Note Holder may send me a written noticetellingme that ifIdo notpay the overdue amount by
a certaindate, the Note Holder may require me topay immediately the fullamount ofPrincipal that has not been paid and all
the interestthatI owe on thatamount. That date must be at least30 days afterthe date on which the notice ismailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even at
if, a time when I am indefault, the Note Holder does not require me to pay immediately in fullas described
above, theNote Holder will have
still theright todo so ifI am in defaultat a later
time.
(E) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay immediately in fullas described above, the Note Holder willhave the right
to be paid back by me for all of itscosts and expenses in enforcing this Note to the extent not prohibited by applicable law.
attorneys'
Those expenses include, forexample, reasonable fees.
8. GIVING OF NOTICES
Unless applicable law requires a differentmethod, any notice that must be given to me under thisNote will be given
by delivering itor by mailing itby firstclass mail to me atthe Property Address above or ata different address if Igive the
Note Holder a noticeof my differentaddress.
Unless the Note Holder requires a differentmethod, any notice that must be given tothe Note Holder under thisNote
will be given by mailing itby firstclass mail to theNote Holder atthe address stated inSection 3(A) above or at a different
address ifI am given a notice ofthat differentaddress.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person is fullyand personally obligated tokeep allof thepromises made
in thisNote, including the promise to pay the full amount owed. Any person who isa guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of thisNote, isalso obligated to keep allof the promises made in thisNote. The Note Holder
may enforce itsrightsunder thisNote against each person individually or againstallof us together. This means that any one of
us may be requiredto pay allof the amounts owed under thisNote.
10. WAIVERS
Iand any other person who has obligationsunder thisNote waive the rightsof Presentment and Notice of Dishonor.
"Presentment" Dishonor"
means the right torequire the Note Holder todemand payment of amounts due. "Notice of means the
right to requirethe Note Holder to give notice to otherpersons thatamounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variationsinsome jurisdictions. In addition to theprotections given to
the Note Holder under thisNote, a Mortgage, Deed of Trust,or Security Deed (the "Security Instrument"), dated the same date
as thisNote, protects the Note Holder from possible losses thatmight resultif I do not keep the promises that I make inthis
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment infull
of allamounts I owe under thisNote. Some of those conditions read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
Property"
"Interestin the means any legal or beneficialinterest iIthe Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intentof which is thetransferof title
by Borrower ata future dateto a purchaser.
Ifallor any part of the Property or any Interestin the Property issold or transferred (orif Borrower
isnot a natural person and a beneficial interestin Borrower is soldor transferred) without Lender's prior
written consent, Lender may require immediate payment in fullof all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by
Applicable Law. Lender also shall not exercisethisoption if:(a)Borrower causes to be submitted toLeader
information required by Lender to evaluate the intended transferee as ifa new loan were being made tothe
transferee; and (b) Lender reasonably determines thatLender's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is
acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made inthe Note and in thisSecurity Instrument. Borrower will continue to be obligated under
theNote and this Security Instrument unless Lender releases Borrower inwriting.
If Lender exercises the option to require immediate payment in full, Lender shallgive Borrower
notice of acceleration. The notice shallprovide a period of not less than 30 days from the date the notice is
NCMC Page 3 of 4
Adjustable Rate Balloon Note (Multistate)
RE-527 (011806)
ct vrx o2/1s/2006
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022
given in accordance with Section 15 within which Borrower must pay allsums secured by this Security
Instrument. IfBorrower fails topay these sums prior tothe expirationof thisperiod, Lender may invoke any
remedies permitted by this SecurityInstrument without further noticeor demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
- CAT IMMINO - DATE -
- R - RO RT CIMMINO - DATE -
.. Y THE ORDER OF
a JQ NEW CENTURY MORTGAGE
WITHOUT RECOURSE CORPORATION
WAL REET MOR GAGE RS LTD.
CHRISTINE HO N
ASST. VICE PRESIDENT
to the order of,without recourse [Sign Original Only]
Pay
Ž
V.R Records Management
NCMC Page 4 of 4
Adjustable Rate Balloon Note (Multistate)
RE-527 (011806)
NoWit.nx omsnoos
Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022 EXHIBIT A FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022 ORIGINAL ADJUSTABLE RATE BALLOON NOTE (LIBOR Six-Month Index (As Published In The Wall StreetJournal) -Rate Caps) CDOENO LOAN #: THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. OCTOBER 20 , 2006 BROOKLYN . NEW YORK [Date] [City] [State] 84 WOLCOTT AVENUE , STATEN ISLAND, NY 10312 [Property Address] 1. BORROWER'S PROMISE TO PAY In returnfor a loan thatI have I promise to U.S. $ 245 , 000. 00 (thisamount iscalled received, pay "Principal"),plus to interest, the order ofLender. Lender is WALL STREET MORTGAGE BANKERS, LTD . I willmake allpayments under thisNote in theform of cash, check or money order. I understandthat Lender may transferthisNote. Lender or anyone who takes thisNote by transfer and who is entitled Holder." to receivepayments under thisNote iscalled the "Note 2. INTEREST Interest will be charged on unpaid principaluntil the fullamount ofPrincipal has been paid. I will pay interestat a yearlyrateof 7.375 %. The rate interest I will pay may change-in accordance with Section 4 ofthis Note. The interest raterequired by thisSection 2 and Section 4 ofthis Note isthe rate Iwill pay both before and afterany defaultdescribed in Section 7(B) of thisNote. 3. PAYMENTS (A) Time and Place of Payments I willpay principal and interestby making a payment every month. I willmake my monthly payments on the first day ofeach month beginning on DECEMBER 1, 200 6 . My monthly payments willbe based on an assumed 40 -year amortization period (the "Amortization Period"). I willmake these payments every month untilI have paid all of the principal and interestand any other charges described below that Imay owe under thisNote. Each monthly payment will be applied as of itsscheduled due date and will be applied to before interest Principal. If,on NOVEMBER 1, 203 6 , I stillowe amounts under this Note, Iwill Date." pay those amounts in fullon thatdate, which is calledthe "Maturity I willmake payments at 1111 MARCUS AVENUE , 3RD FLOOR, LAKE SUCCESS, NY my monthly 11042 or at a different place ifrequired Note Holder. by (B) Amount of My InitialMonthly Payments Each of initial payments willbe inthe amount of U.S.$ 1,589. 69 . This amount change. my monthly may (C) Monthly Payment Changes Changes inmy monthly payment willreflect changes in theunpaid principal of my loan and in the interestratethat I must pay. The Note Holder will determine my new interestrate and the changed amount of my monthly payment in accordance with Section 4 of thisNote. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interestrateI willpay may change on the firstday of NOVEMBER, 2009 , and on thatday every 6TH Date." month thereafter.Each dateon which my interestrate could change is calleda "Change NCMC Page 1 of4 Adjustable Rate Balloon Note(Multistate) RE-527(011806) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022 (B) The Index "Index" Beginning with the firstChange Date, my interest rate will be based on an Index. The is the average of interbank offered ratesfor six month U.S. dollar-denominated deposits in theLondon market ("LIBOR"), as published inThe Wall Street Journal. The most recent Index figureavailable as of the firstbusiness day ofthe month immediately preceding Index." the month inwhich the Change Date occurs is calledthe "Current If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder willgive me noticeof thischoice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculatemy new interestrate by adding FIVE AND NINETY-FIVE HUNDREDTHS percentage points 5 . 950 to the Current Index. The Note Holder will then round the result of this addition to the nearest one- ( %) eighth of one percentage point (0.125%). Subject to the limitsstated in Section 4(D) below, thisrounded amount will be my new interest rateuntil the next Change Date. The Note Holder will then determine the amount of monthly payment thatwould be sufficientto repay the unpaid principalthatI am expected to owe on the Change Date in full over the remaining Amortization Period at my new interestrate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Notwithstanding the Amortization Period applicable to thisNote, the entire unpaid principal amount will be fullydue and payable on the Maturity Date. (D) Limits on Interest Rate Changes The interest rateI am requiredto pay at thefirstChange Date willnot be greater than 9. 375 % or less than 7. 375 %. Thereafter,my interestratewill never be increased or decreased on any single Change Date by more than TWO percentage point(s) ( 2 . 000 %) from the rate ofinterest I have been paying for thepreceding 6 months. My interestratewill never be greaterthan 14 . 375 %. (E) Effective Date ofChanges My new interestratewill become effectiveon each Change Date. I willpay the amount ofmy new monthly payment beginning on the first monthly payment date afterthe Change Date untilthe amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver ormail tome a notice ofany changes inmy interestrate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law tobe given to me and also thetitleand telephone number of a person who willans wer any question Imay have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have theright tomake payments ofPrincipal at any time before they are due. A payment ofPrincipal only is known "Prepayment." as a When I make a Prepayment, I willtelltheNote Holder inwriting that Iam doing so. I may not designate a payment as a Prepayment ifI have not made allthe monthly payments due under this Note. I may make a fullPrepayment orpartialPrepayments without paying any Prepayment charge. The Note Holder will use my Prepayments toreduce the amount of Principalthat I owe under thisNote. However, the Note Holder may apply my Prepayment to the accrued and unpaid intereston the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partialPrepayment, there willbe no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partialPrepayment may reduce the amount of my monthly payments afterthe firstChange Date following my partialPrepayment. However, any reduction due to my partial Prepayment may be offsetby an interestrateincrease. 6. LOAN CHARGES Ifa law, which applies tothis loan and which setsmaximum loan charges, is finallyinterpreted so thatthe interestor other loan charges collected or tobe collected in connection with this loan exceed the permitted limits,then: (a)any such loan charge shallbe reduced by theamount necessary toreduce thecharge to thepermitted limit;and (b) any sums already collected from me thatexceeded permitted limits willbe refunded to me. The Note Holder may choose to make this refund by reducing the PrincipalI owe under thisNote or by making a directpayment to me. Ifa refund reduces Principal, the reduction willbe treatedas a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Ifthe Note Holder has not received thefull amount ofany monthly payment by the end of 15 calendar days afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount of the charge will be 2. 000 % of my overdue payment of principal and interest. I willpay this latecharge promptly but only once on each latepayment. (B) Default IfI do not pay thefullamount of each monthly payment on the date itisdue, I willbe in default. NCMC Page 2 of 4 Adjustable Rate Balloon Note (Multistate) RE-527 (011806) Bo¶tE.vrx o2/1s/200s FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022 (C) Notice of Default IfI am in default,the Note Holder may send me a written noticetellingme that ifIdo notpay the overdue amount by a certaindate, the Note Holder may require me topay immediately the fullamount ofPrincipal that has not been paid and all the interestthatI owe on thatamount. That date must be at least30 days afterthe date on which the notice ismailed to me or delivered by other means. (D) No Waiver By Note Holder Even at if, a time when I am indefault, the Note Holder does not require me to pay immediately in fullas described above, theNote Holder will have still theright todo so ifI am in defaultat a later time. (E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in fullas described above, the Note Holder willhave the right to be paid back by me for all of itscosts and expenses in enforcing this Note to the extent not prohibited by applicable law. attorneys' Those expenses include, forexample, reasonable fees. 8. GIVING OF NOTICES Unless applicable law requires a differentmethod, any notice that must be given to me under thisNote will be given by delivering itor by mailing itby firstclass mail to me atthe Property Address above or ata different address if Igive the Note Holder a noticeof my differentaddress. Unless the Note Holder requires a differentmethod, any notice that must be given tothe Note Holder under thisNote will be given by mailing itby firstclass mail to theNote Holder atthe address stated inSection 3(A) above or at a different address ifI am given a notice ofthat differentaddress. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person is fullyand personally obligated tokeep allof thepromises made in thisNote, including the promise to pay the full amount owed. Any person who isa guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of thisNote, isalso obligated to keep allof the promises made in thisNote. The Note Holder may enforce itsrightsunder thisNote against each person individually or againstallof us together. This means that any one of us may be requiredto pay allof the amounts owed under thisNote. 10. WAIVERS Iand any other person who has obligationsunder thisNote waive the rightsof Presentment and Notice of Dishonor. "Presentment" Dishonor" means the right torequire the Note Holder todemand payment of amounts due. "Notice of means the right to requirethe Note Holder to give notice to otherpersons thatamounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variationsinsome jurisdictions. In addition to theprotections given to the Note Holder under thisNote, a Mortgage, Deed of Trust,or Security Deed (the "Security Instrument"), dated the same date as thisNote, protects the Note Holder from possible losses thatmight resultif I do not keep the promises that I make inthis Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment infull of allamounts I owe under thisNote. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, Property" "Interestin the means any legal or beneficialinterest iIthe Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intentof which is thetransferof title by Borrower ata future dateto a purchaser. Ifallor any part of the Property or any Interestin the Property issold or transferred (orif Borrower isnot a natural person and a beneficial interestin Borrower is soldor transferred) without Lender's prior written consent, Lender may require immediate payment in fullof all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. Lender also shall not exercisethisoption if:(a)Borrower causes to be submitted toLeader information required by Lender to evaluate the intended transferee as ifa new loan were being made tothe transferee; and (b) Lender reasonably determines thatLender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made inthe Note and in thisSecurity Instrument. Borrower will continue to be obligated under theNote and this Security Instrument unless Lender releases Borrower inwriting. If Lender exercises the option to require immediate payment in full, Lender shallgive Borrower notice of acceleration. The notice shallprovide a period of not less than 30 days from the date the notice is NCMC Page 3 of 4 Adjustable Rate Balloon Note (Multistate) RE-527 (011806) ct vrx o2/1s/2006 FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 08/03/2022 given in accordance with Section 15 within which Borrower must pay allsums secured by this Security Instrument. IfBorrower fails topay these sums prior tothe expirationof thisperiod, Lender may invoke any remedies permitted by this SecurityInstrument without further noticeor demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. - CAT IMMINO - DATE - - R - RO RT CIMMINO - DATE - .. Y THE ORDER OF a JQ NEW CENTURY MORTGAGE WITHOUT RECOURSE CORPORATION WAL REET MOR GAGE RS LTD. CHRISTINE HO N ASST. VICE PRESIDENT to the order of,without recourse [Sign Original Only] Pay Ž V.R Records Management NCMC Page 4 of 4 Adjustable Rate Balloon Note (Multistate) RE-527 (011806) NoWit.nx omsnoos