Preview
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
NEW ONEY
November 22 , 2002 Plainview New York
{Date] [City] [State]
1 Calvin Avenue, Syosset , NY 11791
[Property Address}
1. BORROWER'S PROMISE TO PAY
In returnfor a loanthat Ihave received, I promise to U.S. $ 5, 151 .21 (thisamount is called"Principal"),
pay
plus to
interest, theorder of the Lender. The Lender is Fleet National Bank
I willmake allpayments under thisNote inthe form of cash,check ormoney order.
I understand that the Lender may transferthis Note. The Lender or anyone who takes thisNote by transferand who is
Holder."
entitledto receivepayments under thisNote is calledthe "Note
2. INTEREST
Interestwill be charged on unpaid principaluntil the fullamount of Principalhas been paid. I willpay interestat a yearly
rateof6.3750 %.
The interest raterequired by thisSection 2 isthe rateI willpay both before and afterany defaultdescribed inSection 6(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 payment on the1st day of each month beginning on January 01, 2003 . I will
make thesepayrecats every monthuntil Ihave paid allof the priñcipaland interestand any othercharges described below thatI
may owe under this Note. Each monthly payment will be applied as of itsscheduled due date and willbe applied to interest
before Principal.If,onDecember 01, 2032 , Istill
owe amounts under thisNote, I will
pay those amounts in fullon
Date."
thatdate, whichis calledthe "Maturity
I willmake my monthly payments at Payment Processing Center EDS, P.O. Box 660139,
Dallas, TX 75266-0139 or as a different
place ifrequired by IlieNote Ilolder.
(B) Amount of Monthly Payments
payment will be inthe amount of U.S. $ 32 . 14
My monthly
4. BORROWER'S RIGHT TO PREPAY
I have theright to make payments of Principal atany time before they are due. A payment of Principal onlyis known as a
"Prepayment."
When I make a Prepayment, I willtellthe Note Holder in writing thatI am doing so. I may not designate a
as n Prepnyment
payiiicii¡ ifIhave slotmnde allthe monthly payments due under fheNote.
1 may make a full Prepâyrucat or partialPrepayments without paying a Prepayment charge. The Note 1lolderwill use my
Prepayments to reduce the amount of Principal that 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 the Note. IfI make a partialPrepayment, there willbe no changes in thedue date or inthe amount of my
monthly payalent unless the Note Holder agrees in writingto those changes.
NEW YORK FIXED RATE NOTE-Single Family-Fannie
Mae/Freddie Mac UNIFORM INSTRUMENT
-5N{NY} (o005) Form 3233 1/o1
VMPMORTGAGE FO11MS- (800)621-7291
Page1 of 3 Initials:
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
5. LOAN CHARGES
If a law,which appliesto thisloan and which setsmaximum loan charges, is finally
interpretedso thatthe interest
or other
loan charges collected orto be collectedin connection with thisloan exceed the permitted limits,then: (a)any such loan charge
shallbe reduced the amount to reduce the charge tothe permitted and sums conactad from
by necessaty limit; (b) any already
me which exceeded permitted limits willbe refunded to me. The Note Holder may choose to make thisrefund by reducing the
PrincipalI owe under thisNote or by making a directpayment to me. Ifa refund reduces Principal,the reductionwill be treated
as a partial
Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge forOverdue Payments
Ifthe Note Holder has not received the fullamount of any monthly payment by theend of 15 calendar days
afterthe date itis due,I willpay a latecharge tothe Note Holder. The amount of thecharge will be 2. 00 % of
my overdue payment of principaland I
interest. willpay this latecharge promptly but only once on each latepayment.
(B) Default
IfI do not pay the fullamount of each monthly payment on the date itis due,Iwill be in default.
(C) Notice ofDefault
If Iam in default,the Note H.older may send me a written noticetellingme that ifI do not pay the overdue amount by a
certain date,the Note Holder may require me topay immediately thefull amount of Principalwhich has not been paid and all
the interestthatI owe on thatamount. That datemust be at least30 days after thedate on which the noticeis mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described
above, the Note Holder will still
have the rightto do so ifIam in defaultat a later
time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in fullas described above, theNote Holder willhave the right to
be paid back by me for allof itscostsand expenses inenforcing thisNote to the extentnot prohibited by spplicable law. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless appEcable law requiresa different method, any notice thatmust be given to me under this Note will be given by
delivering itor by mailing itby class
first mail tome at theProperty Address above or at a different
address if Igive the Note
Holder a noticeof my different address.
Any notice that must be given to the Note Holder under thisNote willbe given by delivering itor by mailing itby first
classmail tothe Note Holder at theaddress stated in Section 3(A) above or ata differentaddress ifI am given a noticeof that
differentaddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person isfullyand personally obligated tokeep allofthe promises made in
thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, surety or endorser ofthisNote is
also obligatedto do these things, Any person who takesover these obligations, including theobligations of aguarantor, surety
or endorser of thisNote, is alsoobligated tokeep allof thepromises made inthis Note. The Note Holder may enforce itsrights
under thisNote against each person individüãlly or againstallof us together. This means thatany one ofus may be required to
pay allof the amounts owed under thisNote,
9. WAIVERS
I and any other person who has Obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Pre®9*mart" Dishonor"
means theright torequire the Note Holder to demand payment of amese due. "Notice of means the
right to requirethe Note Holder to givenotice to otherpersons thatamounts due have not been paid.
Form 3233 1/01
5N(NY) tooost Page2 of 3 Initials:
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
10. UNIFORM SECURED NOTE
This Note isa uniform instrument with limited variationsin some jurisdictions. In additionto thepictecdsas given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or SecurityDeed (the "Security Instrument"),dated the same date as
thisNote, protectsthe Note Holder from possible losseswhich might resultif Ido not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be requiredto make immediate payment in full
of allamounts I owe under this Note. Some of thoseconditions are described as follows:
Lender may requireimmediate payment infull ofall Sums Secured by thisSecurity Instrument if allor
any part of the Property,or if any rightin the Property, issold or transferred without Leader's prior written
permission. IfBorrower is not a natural person and a beneficialinterestin Borrower issold or transferred
without Lender's prior written permission, Lender alsomay require immediate payment infull.However, this
option shallnot be exercised by Lender ifsuch exerciseis prohibitedby Applicable Law.
IfLender requires immediate payment in fullunder this Section 18, Lender willgive me a noticewhich
statesthis requi-cnicüt.The notice willgive me atleast 30 days to make the required payment. The 30-day
period willbegin on the date the noticeisgiven to me in the manner required by Section 15 of thisSecurity
Instrument. If Ido not make the required payment during that period, Leader may act to enforce itsrights
under thisSecurity Instrument without giving me any furthernotice or demand forpaymcat.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSlGNED.
(Seal (Seal
Pe ter D. Ochs -Borrower Nadine Ochs -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
f totheorderot
Without Recot
(Seal) (Seal)
-Barrower -Borrower
Assistant Sectotary
[Sign Original Only]
-5N( NY)10005) Pages of 3 Form 3233 1/01
FILED:Ris NASSAU INDEX NO. 601039/2019
Note amends COUNTY
and restatesCLERK
in t tr 05/08/2019
entirety,and is given in 03:11for,PM
euhi11:12- t Notesdescribed in Exh Aof the New
NYSCEF DOC.
Yark NO. 33
ConeMdd::, Extension an edineat!en Agreement dated the same dat his RECEIVED
Note. NYSCEF: 05/08/2019
NOTE
CONSOLIDATED
November 22, 2002 Plainview New
[Date] [City] [Statel
1 Calvin Avenue, Syosset , NY 11791
[Property Address]
1. BORROWER'S PROMISE TO PAY
In returnfor a loanthat Ihave received, I promise to pay U.S. $ 497,000.00 (thisamount iscalled "Principal"),
plus to
interest, theorder of the Lender. The Leader is Fleet National Bank
1 willmake allpayments under thisNote in theform of cash, check or money order.
I understand that the Lender may transferthisNote. The Leader or anyone who takes this Note by transfer and who is
Holder."
entitledto receivepayments under thisNote iscalledthe "Note
2. INTEREST
Interestwill be charged on unpaid principaluntilthe fullamount of Principal has been paid. I willpay interestat a yearly
rateof 6.3750 ‰
The rate
interest required by thisSection 2 isthe rateI willpay both before and afterany defaultdescribedin Section 6(B)
of thisNote.
3. PAYMENTS
(A) Time and Place of Payments
I willpay principaland interestby making a payment every month.
I willmake my monthly payment on theist day ofeach month beginning on January 01, 2003 . Iwill
make these payments every month untilI have paid allofthe principal and interestand any other charges describedbelow thatI
owe under thisNote. Each payraest willbe applied as of itsschedul-1 due dateand will be applied tointerest
may monthly
before Principal.If, onDecember 01, 2032 , I still
owe amounts under this Note, Iwill pay those amounts in fullon
Date."
that date,which iscalledthe "Maturity
I willmake my monthly payments at Payment Processing Center EDS, P.O. Box 660139,
Dallas, TX 75266-0139 or at a different
place ifrequired by theNote Holder.
(B) Amount of Monthly Payments
My monthly payment will be inthe amount of U.S. $ 3 , 100. 64
4. BORROWER'S RIGHT TO PREPAY
I have the rightto make payrucats of Principalat any time before they aredue. A payment of Principalonly is known as a
"Prepayment."
When I make a Prepaysicñt, Iwill tellthe Note Holder in writing that Iam doing so. Imay not designate a
payracñt as a Prepayrüent ifI have not made allthe monthly payments due under the Note.
I may make a fullPrepayment or partialPrepâÿinents without paying a Prcpaymcnt charge. The Note Holder willuse my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayrüent to the accrued and unpaid intereston the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. IfI make a partialPrepayment, there willbe no changes in the due date or inthe amount of my
monthly payment unless the Note Holder agrees in writingto those changes.
NEW YORK FlXED RATE NOTE-Single Family-Fannie
Mae/Freddie Mao UNIFORM INSTRUMENT
-5N(NY) (ooos) Form 3233 1/01
VMPMORTGAGE FoRMS- (8001521-7291
Page1 of 3 Initials:
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
5. LOAN CHARGES
Ifa law, which applies to thisloan and which sets maximum loan charges, isfinallyinterpreted so thatthe interest
or other
loan charges collected or to be cellectedin cann--eian with thisloan exceed thepermitted then: such loan charge
limits, (a)any
shallbe reduced by the amount necessary toreduce the charge tothe permitted limit;and (b) any sums already collected from
me which exceeded permitted limitswill be scfüñded to me. The Note Holder may choose tomake this refund by raducing the
Principal I owe under this Note or by making a directpaymcat tome. Ifa refund reduces Principal,the reduction willbe treated
as a pattialPrepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received thefull amount of any monthly payment by the end of 15 calendar days
afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount ofthe charge will be 2 . 00 % of
my overdue payment of principaland interest.
I willpay this lateobarge promptly butonly once on each latepayment.
(B) Default
IfI do not pay the amount
full of each monthly payment on the dateitis due, I willbe in default.
(C) Notice ofDefault
If Iam in default,the Note Holder may send me a written noticetellingme thatif Ido not pay the overdue amount by a
certain date,the Note Holder may require me to pay 3--=æ=±=1y the fullamount ofPrincipal which has not been paid and all
the interestthatI owe on thatamount. That datemust be atleast 30 days afterthe date on which the notice ismailed to me or
deliveredby other means.
(D) No Waiver By Note Holder
Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described
above, the Note Holder will still
have the rightto do so ifIam indefault ata latertime.
(E) Payment of Note Holder's Costs and Expenses
If theNote Holder has regñred me to pay immediately in fullas described above, the Note Holder willhave theright to
be paid back by me for allof itscostsand expenses inenforcing thisNote to the extentnot prohibited by applicable law. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicable law requires a di&rent method, any notice thatmust be given to me under this Note wili be given by
delivering itor by mailing itby first
class mail tome at theProperty Address above or ata differentaddress if Igive the Note
Holder a noticeof my differentaddress.
Any notice that must be given to the Note Holder under thisNote willbe given by delivering itor by mailing it by first
class mail tothe Note Holder at the address statedin Section 3(A) above or at a differentaddress ifI am given a noticeof that
differentaddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person isfully and persona"y obligated tokeep allof the promises made in
this Note, including thepromise topay the fullamount owed. Any person who isa guarantor, surety or endorser ofthis Note is
also obligated todo thesethings. Any person who takes over theseobligations, including theobligations of a gaâiastor, surety
or endorser of thisNote, is alsoobligated to keep allof thepromises made inthis Note. The Note Holder may enforce itsrights
under thisNote againsteach person individually or againstallof us together. This means thatany one of us may be required to
pay all ofthe amounts owed under thisNote.
9. WAIVERS
I and any other person who has obligations under this Note waive the rightsof Presentment and Notice of Dishonor.
"Preccatment" ammmec Dishonor" the
means theright torequire the Note Holder to demand payment of due. "Notice of means
right to requirethe Note Holder to givenotice to otherpersons thatamounts due have not been paid.
Form 3233 1 /01
-5N( NY1 tooom Page2 of a inkws:
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
5. LOAN CHARGES
If a law,which applies tothis loanand which sets maximum loan charges, isfinallyinterpretedso thatthe interest
or other
loan charges collectedor to be collected inconnection with thisloan exceed the permittedlimits,then: (a)any such loan charge
shall be reduced by the amount necessary toreduce the charge to thepermitted limit; and (b) any sums already collectedfrom
me which exceeded perraittedlimits willbe scñ;nded to me. The Note Holder may choose to make thisrefund by reducing the
PrincipalI owe under thisNote or by making a directpayacñt to me. Ifa refund reduces Principal, the rMudien willbe treated
as a partial
Prepayment.
6. BORROWER'S FAH,URE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe Note Holder has not received thefull amount of any monthly pcynicut by the end of 15 calendr days
afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount ofthe charge willbe 2.00 % of
my overdue payrscñt of principal and I
interest. willpay thislate charge promptly but only once on each latepayment.
(B) Default
IfI do not pay the fullamount of each monthly payment on the dateit is due,Iwill be in default.
(C) Notice ofDefault
If Iam in default,the Note Holder may send me a written notice me
telling that ifIdo not pay the overdue amount by a
certain date,the Note Holder may require me topay immediately the fullamount of Principalwhich has not been paid and all
the interestthatI owe on that amount. That date must be at least30 days afterthe date on which the noticeis mailed to me or
deliveredby other means.
(D) No Waiver By Note Holder
Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described
above, the Note Holder willstillhave the rightto do so ifI am in defaultat a later
time.
(E) Payment ofNote Holder's Costs and Expenses
Ifthe Note Holder hasreqüired me to pay immediately infullas described above, theNote Holder will have the right to
be paid back by me for allof itscostsand expenses in enforcing thisNote to the extentnot prühibited by applicablelaw. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicable law requires a differentmethod, any notice thatmust be given to me under this Note will be given by
deliveriñg itor by mailing itby first
class mailto me at the Property Address above or ata differentaddress if Igive the Note
Holder a noticeof my different address.
Any notice thatmust be given to the Note Holder under thisNote willbe given by deliveringit or by mailing itby first
classmail to the Note Holder at theaddress statedin Section 3(A) above or at a differentaddress ifI am given a notice of that
differentaddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person isfully and personally obligatM tokeep allofthe promiss made in
thisNote, including thepromise topay thefull amount owed. Any person who isa guarantor, surety orendorser ofthis Note is
also obligated todo these things. Any person who takes over theseobligations, including theobligations of a guarantor,surety
or endorser of thisNote, is alsoobligated to keep allof the promises made inthis Note. The Note Holder may enforce itsrights
under thisNote againsteach person iñdividuallyor against allof us together.This means thatany one ofus may be required to
pay allof the amounts owed under thisNote.
9. WAIVERS
I and any other person who has obligations under this Note waive the rightsof Presentment and Notice of Dishonor.
"Presentment" Dishóüór"
means theright torequire the Note Holder to demand payment of mounts due. "Notice of means the
rightto requirethe Note Holder to give noticeto otherpersons thatamounts due have not been paid.
Form 3233 1/01
5N(NY) (o005) Page2 of a initials:
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019
10. UNIFORM SECURED NOTE
. This Note isa uniform instrument with limited variations in some jurisdictions.In additionto theprotections given to the
Note Holder under thisNote, a Mortgage, Deed of Trust, or Security Deed (the "SecurityInstrument"), dated the same date as
this Note, protectsthe Note Holder from possible losses which might resultif Ido not keep thepromises which I make in this
Note. That Security Imtmment describes how and under what conditions I may be required to make immedise payment in full
of allamounts Iowe under this Note. Some of those conditionsare described as follows:
Lender may requireimmediate payrñêñt in fullof all Sums Secured by this Security Instrument ifallor
any part of the Property,or if any rightin the Property, issold or transferredwithout Lender's prior written
permission. IfBorrower is not a natural person and a beneficialinterestin Borrower issold or transferred
without Lender's prior written permission, Lender also may require imm~1iate paymcat in full.
However, this
option shallnot be exercised by Lender ifsuch exercise isprohibitedby Applicable Law.
IfLender requires immediate payment in fullunder thisSection 18,Leader will give me a noticewhich
statesthis requirement. The notice willgive me at least30 days to make the required payment. The 30-day
period will begin on the date the notice isgiven to me inthe manner required by Section 15 of thisSecurity
Instrument. If Ido not make the required payment during thatperiod, Lender may act to enforceitsrights
under thisSecurity Instrument without giving me any furthernotice ordemand forpayment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
eal) (Seal)
Peter D. Ochs -Borrower Nadine Ochs -Borrower
(Seal) __ . ___ __(Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower to the Order Of Borrower
Without ecome
(Seal) lyrt COftSS (Seal)
-Borrower Assistant Secretary .Borrower
[SignOriginal Only]
-5N{NY} (o006) Page3 of 3 Form 3233 1/01
Preview
FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 NEW ONEY November 22 , 2002 Plainview New York {Date] [City] [State] 1 Calvin Avenue, Syosset , NY 11791 [Property Address} 1. BORROWER'S PROMISE TO PAY In returnfor a loanthat Ihave received, I promise to U.S. $ 5, 151 .21 (thisamount is called"Principal"), pay plus to interest, theorder of the Lender. The Lender is Fleet National Bank I willmake allpayments under thisNote inthe form of cash,check ormoney order. I understand that the Lender may transferthis Note. The Lender or anyone who takes thisNote by transferand who is Holder." entitledto receivepayments under thisNote is calledthe "Note 2. INTEREST Interestwill be charged on unpaid principaluntil the fullamount of Principalhas been paid. I willpay interestat a yearly rateof6.3750 %. The interest raterequired by thisSection 2 isthe rateI willpay both before and afterany defaultdescribed inSection 6(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 payment on the1st day of each month beginning on January 01, 2003 . I will make thesepayrecats every monthuntil Ihave paid allof the priñcipaland interestand any othercharges described below thatI may owe under this Note. Each monthly payment will be applied as of itsscheduled due date and willbe applied to interest before Principal.If,onDecember 01, 2032 , Istill owe amounts under thisNote, I will pay those amounts in fullon Date." thatdate, whichis calledthe "Maturity I willmake my monthly payments at Payment Processing Center EDS, P.O. Box 660139, Dallas, TX 75266-0139 or as a different place ifrequired by IlieNote Ilolder. (B) Amount of Monthly Payments payment will be inthe amount of U.S. $ 32 . 14 My monthly 4. BORROWER'S RIGHT TO PREPAY I have theright to make payments of Principal atany time before they are due. A payment of Principal onlyis known as a "Prepayment." When I make a Prepayment, I willtellthe Note Holder in writing thatI am doing so. I may not designate a as n Prepnyment payiiicii¡ ifIhave slotmnde allthe monthly payments due under fheNote. 1 may make a full Prepâyrucat or partialPrepayments without paying a Prepayment charge. The Note 1lolderwill use my Prepayments to reduce the amount of Principal that 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 the Note. IfI make a partialPrepayment, there willbe no changes in thedue date or inthe amount of my monthly payalent unless the Note Holder agrees in writingto those changes. NEW YORK FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -5N{NY} (o005) Form 3233 1/o1 VMPMORTGAGE FO11MS- (800)621-7291 Page1 of 3 Initials: FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 5. LOAN CHARGES If a law,which appliesto thisloan and which setsmaximum loan charges, is finally interpretedso thatthe interest or other loan charges collected orto be collectedin connection with thisloan exceed the permitted limits,then: (a)any such loan charge shallbe reduced the amount to reduce the charge tothe permitted and sums conactad from by necessaty limit; (b) any already me which exceeded permitted limits willbe refunded to me. The Note Holder may choose to make thisrefund by reducing the PrincipalI owe under thisNote or by making a directpayment to me. Ifa refund reduces Principal,the reductionwill be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge forOverdue Payments Ifthe Note Holder has not received the fullamount of any monthly payment by theend of 15 calendar days afterthe date itis due,I willpay a latecharge tothe Note Holder. The amount of thecharge will be 2. 00 % of my overdue payment of principaland I interest. willpay this latecharge promptly but only once on each latepayment. (B) Default IfI do not pay the fullamount of each monthly payment on the date itis due,Iwill be in default. (C) Notice ofDefault If Iam in default,the Note H.older may send me a written noticetellingme that ifI do not pay the overdue amount by a certain date,the Note Holder may require me topay immediately thefull amount of Principalwhich has not been paid and all the interestthatI owe on thatamount. That datemust be at least30 days after thedate on which the noticeis mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described above, the Note Holder will still have the rightto do so ifIam in defaultat a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in fullas described above, theNote Holder willhave the right to be paid back by me for allof itscostsand expenses inenforcing thisNote to the extentnot prohibited by spplicable law. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless appEcable law requiresa different method, any notice thatmust be given to me under this Note will be given by delivering itor by mailing itby class first mail tome at theProperty Address above or at a different address if Igive the Note Holder a noticeof my different address. Any notice that must be given to the Note Holder under thisNote willbe given by delivering itor by mailing itby first classmail tothe Note Holder at theaddress stated in Section 3(A) above or ata differentaddress ifI am given a noticeof that differentaddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person isfullyand personally obligated tokeep allofthe promises made in thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, surety or endorser ofthisNote is also obligatedto do these things, Any person who takesover these obligations, including theobligations of aguarantor, surety or endorser of thisNote, is alsoobligated tokeep allof thepromises made inthis Note. The Note Holder may enforce itsrights under thisNote against each person individüãlly or againstallof us together. This means thatany one ofus may be required to pay allof the amounts owed under thisNote, 9. WAIVERS I and any other person who has Obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Pre®9*mart" Dishonor" means theright torequire the Note Holder to demand payment of amese due. "Notice of means the right to requirethe Note Holder to givenotice to otherpersons thatamounts due have not been paid. Form 3233 1/01 5N(NY) tooost Page2 of 3 Initials: FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 10. UNIFORM SECURED NOTE This Note isa uniform instrument with limited variationsin some jurisdictions. In additionto thepictecdsas given to the Note Holder under this Note, a Mortgage, Deed of Trust, or SecurityDeed (the "Security Instrument"),dated the same date as thisNote, protectsthe Note Holder from possible losseswhich might resultif Ido not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be requiredto make immediate payment in full of allamounts I owe under this Note. Some of thoseconditions are described as follows: Lender may requireimmediate payment infull ofall Sums Secured by thisSecurity Instrument if allor any part of the Property,or if any rightin the Property, issold or transferred without Leader's prior written permission. IfBorrower is not a natural person and a beneficialinterestin Borrower issold or transferred without Lender's prior written permission, Lender alsomay require immediate payment infull.However, this option shallnot be exercised by Lender ifsuch exerciseis prohibitedby Applicable Law. IfLender requires immediate payment in fullunder this Section 18, Lender willgive me a noticewhich statesthis requi-cnicüt.The notice willgive me atleast 30 days to make the required payment. The 30-day period willbegin on the date the noticeisgiven to me in the manner required by Section 15 of thisSecurity Instrument. If Ido not make the required payment during that period, Leader may act to enforce itsrights under thisSecurity Instrument without giving me any furthernotice or demand forpaymcat. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSlGNED. (Seal (Seal Pe ter D. Ochs -Borrower Nadine Ochs -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower f totheorderot Without Recot (Seal) (Seal) -Barrower -Borrower Assistant Sectotary [Sign Original Only] -5N( NY)10005) Pages of 3 Form 3233 1/01 FILED:Ris NASSAU INDEX NO. 601039/2019 Note amends COUNTY and restatesCLERK in t tr 05/08/2019 entirety,and is given in 03:11for,PM euhi11:12- t Notesdescribed in Exh Aof the New NYSCEF DOC. Yark NO. 33 ConeMdd::, Extension an edineat!en Agreement dated the same dat his RECEIVED Note. NYSCEF: 05/08/2019 NOTE CONSOLIDATED November 22, 2002 Plainview New [Date] [City] [Statel 1 Calvin Avenue, Syosset , NY 11791 [Property Address] 1. BORROWER'S PROMISE TO PAY In returnfor a loanthat Ihave received, I promise to pay U.S. $ 497,000.00 (thisamount iscalled "Principal"), plus to interest, theorder of the Lender. The Leader is Fleet National Bank 1 willmake allpayments under thisNote in theform of cash, check or money order. I understand that the Lender may transferthisNote. The Leader or anyone who takes this Note by transfer and who is Holder." entitledto receivepayments under thisNote iscalledthe "Note 2. INTEREST Interestwill be charged on unpaid principaluntilthe fullamount of Principal has been paid. I willpay interestat a yearly rateof 6.3750 ‰ The rate interest required by thisSection 2 isthe rateI willpay both before and afterany defaultdescribedin Section 6(B) of thisNote. 3. PAYMENTS (A) Time and Place of Payments I willpay principaland interestby making a payment every month. I willmake my monthly payment on theist day ofeach month beginning on January 01, 2003 . Iwill make these payments every month untilI have paid allofthe principal and interestand any other charges describedbelow thatI owe under thisNote. Each payraest willbe applied as of itsschedul-1 due dateand will be applied tointerest may monthly before Principal.If, onDecember 01, 2032 , I still owe amounts under this Note, Iwill pay those amounts in fullon Date." that date,which iscalledthe "Maturity I willmake my monthly payments at Payment Processing Center EDS, P.O. Box 660139, Dallas, TX 75266-0139 or at a different place ifrequired by theNote Holder. (B) Amount of Monthly Payments My monthly payment will be inthe amount of U.S. $ 3 , 100. 64 4. BORROWER'S RIGHT TO PREPAY I have the rightto make payrucats of Principalat any time before they aredue. A payment of Principalonly is known as a "Prepayment." When I make a Prepaysicñt, Iwill tellthe Note Holder in writing that Iam doing so. Imay not designate a payracñt as a Prepayrüent ifI have not made allthe monthly payments due under the Note. I may make a fullPrepayment or partialPrepâÿinents without paying a Prcpaymcnt charge. The Note Holder willuse my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayrüent to the accrued and unpaid intereston the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. IfI make a partialPrepayment, there willbe no changes in the due date or inthe amount of my monthly payment unless the Note Holder agrees in writingto those changes. NEW YORK FlXED RATE NOTE-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT -5N(NY) (ooos) Form 3233 1/01 VMPMORTGAGE FoRMS- (8001521-7291 Page1 of 3 Initials: FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 5. LOAN CHARGES Ifa law, which applies to thisloan and which sets maximum loan charges, isfinallyinterpreted so thatthe interest or other loan charges collected or to be cellectedin cann--eian with thisloan exceed thepermitted then: such loan charge limits, (a)any shallbe reduced by the amount necessary toreduce the charge tothe permitted limit;and (b) any sums already collected from me which exceeded permitted limitswill be scfüñded to me. The Note Holder may choose tomake this refund by raducing the Principal I owe under this Note or by making a directpaymcat tome. Ifa refund reduces Principal,the reduction willbe treated as a pattialPrepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received thefull amount of any monthly payment by the end of 15 calendar days afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount ofthe charge will be 2 . 00 % of my overdue payment of principaland interest. I willpay this lateobarge promptly butonly once on each latepayment. (B) Default IfI do not pay the amount full of each monthly payment on the dateitis due, I willbe in default. (C) Notice ofDefault If Iam in default,the Note Holder may send me a written noticetellingme thatif Ido not pay the overdue amount by a certain date,the Note Holder may require me to pay 3--=æ=±=1y the fullamount ofPrincipal which has not been paid and all the interestthatI owe on thatamount. That datemust be atleast 30 days afterthe date on which the notice ismailed to me or deliveredby other means. (D) No Waiver By Note Holder Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described above, the Note Holder will still have the rightto do so ifIam indefault ata latertime. (E) Payment of Note Holder's Costs and Expenses If theNote Holder has regñred me to pay immediately in fullas described above, the Note Holder willhave theright to be paid back by me for allof itscostsand expenses inenforcing thisNote to the extentnot prohibited by applicable law. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicable law requires a di&rent method, any notice thatmust be given to me under this Note wili be given by delivering itor by mailing itby first class mail tome at theProperty Address above or ata differentaddress if Igive the Note Holder a noticeof my differentaddress. Any notice that must be given to the Note Holder under thisNote willbe given by delivering itor by mailing it by first class mail tothe Note Holder at the address statedin Section 3(A) above or at a differentaddress ifI am given a noticeof that differentaddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person isfully and persona"y obligated tokeep allof the promises made in this Note, including thepromise topay the fullamount owed. Any person who isa guarantor, surety or endorser ofthis Note is also obligated todo thesethings. Any person who takes over theseobligations, including theobligations of a gaâiastor, surety or endorser of thisNote, is alsoobligated to keep allof thepromises made inthis Note. The Note Holder may enforce itsrights under thisNote againsteach person individually or againstallof us together. This means thatany one of us may be required to pay all ofthe amounts owed under thisNote. 9. WAIVERS I and any other person who has obligations under this Note waive the rightsof Presentment and Notice of Dishonor. "Preccatment" ammmec Dishonor" the means theright torequire the Note Holder to demand payment of due. "Notice of means right to requirethe Note Holder to givenotice to otherpersons thatamounts due have not been paid. Form 3233 1 /01 -5N( NY1 tooom Page2 of a inkws: FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 5. LOAN CHARGES If a law,which applies tothis loanand which sets maximum loan charges, isfinallyinterpretedso thatthe interest or other loan charges collectedor to be collected inconnection with thisloan exceed the permittedlimits,then: (a)any such loan charge shall be reduced by the amount necessary toreduce the charge to thepermitted limit; and (b) any sums already collectedfrom me which exceeded perraittedlimits willbe scñ;nded to me. The Note Holder may choose to make thisrefund by reducing the PrincipalI owe under thisNote or by making a directpayacñt to me. Ifa refund reduces Principal, the rMudien willbe treated as a partial Prepayment. 6. BORROWER'S FAH,URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not received thefull amount of any monthly pcynicut by the end of 15 calendr days afterthe date itisdue, I willpay a latecharge to theNote Holder. The amount ofthe charge willbe 2.00 % of my overdue payrscñt of principal and I interest. willpay thislate charge promptly but only once on each latepayment. (B) Default IfI do not pay the fullamount of each monthly payment on the dateit is due,Iwill be in default. (C) Notice ofDefault If Iam in default,the Note Holder may send me a written notice me telling that ifIdo not pay the overdue amount by a certain date,the Note Holder may require me topay immediately the fullamount of Principalwhich has not been paid and all the interestthatI owe on that amount. That date must be at least30 days afterthe date on which the noticeis mailed to me or deliveredby other means. (D) No Waiver By Note Holder Even if, ata time when I am indefault, the Note Holder does not require me to pay immediately in fullas described above, the Note Holder willstillhave the rightto do so ifI am in defaultat a later time. (E) Payment ofNote Holder's Costs and Expenses Ifthe Note Holder hasreqüired me to pay immediately infullas described above, theNote Holder will have the right to be paid back by me for allof itscostsand expenses in enforcing thisNote to the extentnot prühibited by applicablelaw. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicable law requires a differentmethod, any notice thatmust be given to me under this Note will be given by deliveriñg itor by mailing itby first class mailto me at the Property Address above or ata differentaddress if Igive the Note Holder a noticeof my different address. Any notice thatmust be given to the Note Holder under thisNote willbe given by deliveringit or by mailing itby first classmail to the Note Holder at theaddress statedin Section 3(A) above or at a differentaddress ifI am given a notice of that differentaddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person isfully and personally obligatM tokeep allofthe promiss made in thisNote, including thepromise topay thefull amount owed. Any person who isa guarantor, surety orendorser ofthis Note is also obligated todo these things. Any person who takes over theseobligations, including theobligations of a guarantor,surety or endorser of thisNote, is alsoobligated to keep allof the promises made inthis Note. The Note Holder may enforce itsrights under thisNote againsteach person iñdividuallyor against allof us together.This means thatany one ofus may be required to pay allof the amounts owed under thisNote. 9. WAIVERS I and any other person who has obligations under this Note waive the rightsof Presentment and Notice of Dishonor. "Presentment" Dishóüór" means theright torequire the Note Holder to demand payment of mounts due. "Notice of means the rightto requirethe Note Holder to give noticeto otherpersons thatamounts due have not been paid. Form 3233 1/01 5N(NY) (o005) Page2 of a initials: FILED: NASSAU COUNTY CLERK 05/08/2019 03:11 PM INDEX NO. 601039/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/08/2019 10. UNIFORM SECURED NOTE . This Note isa uniform instrument with limited variations in some jurisdictions.In additionto theprotections given to the Note Holder under thisNote, a Mortgage, Deed of Trust, or Security Deed (the "SecurityInstrument"), dated the same date as this Note, protectsthe Note Holder from possible losses which might resultif Ido not keep thepromises which I make in this Note. That Security Imtmment describes how and under what conditions I may be required to make immedise payment in full of allamounts Iowe under this Note. Some of those conditionsare described as follows: Lender may requireimmediate payrñêñt in fullof all Sums Secured by this Security Instrument ifallor any part of the Property,or if any rightin the Property, issold or transferredwithout Lender's prior written permission. IfBorrower is not a natural person and a beneficialinterestin Borrower issold or transferred without Lender's prior written permission, Lender also may require imm~1iate paymcat in full. However, this option shallnot be exercised by Lender ifsuch exercise isprohibitedby Applicable Law. IfLender requires immediate payment in fullunder thisSection 18,Leader will give me a noticewhich statesthis requirement. The notice willgive me at least30 days to make the required payment. The 30-day period will begin on the date the notice isgiven to me inthe manner required by Section 15 of thisSecurity Instrument. If Ido not make the required payment during thatperiod, Lender may act to enforceitsrights under thisSecurity Instrument without giving me any furthernotice ordemand forpayment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. eal) (Seal) Peter D. Ochs -Borrower Nadine Ochs -Borrower (Seal) __ . ___ __(Seal) -Borrower -Borrower (Seal) (Seal) -Borrower to the Order Of Borrower Without ecome (Seal) lyrt COftSS (Seal) -Borrower Assistant Secretary .Borrower [SignOriginal Only] -5N{NY} (o006) Page3 of 3 Form 3233 1/01