Preview
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023
EXHIBIT A
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023
PROhHSSOFY NOTE
$250,000.00 July 1, 2017
FOR VALUE RECE1VED, the undersigned, JAMIE MENARD, with an address of 60
Lake Street, Rouses Point, New York 12979 ("Borrower") promises to pay LOUIS
BOMBARDIER, with an address of 10 Boulerice Road, Altona, New York 12910 ("Lender"),
on or before July 1, 2020 ("Maturity Date"), the principal sum of Two Hundred Fifty Thousand
Dollars ($250,000.00), together with interest at the rate of 5%, as follows:
Borrower shall not be required to make periodic payments toward the principal and
interest accruing hereunder. However, the full amount of principal and interest will be paid in
full, in any event, by July 1, 2020, which is the Maturity Date. On the Maturity Date, the entire
unpaid principal balance, together with other charges owing hereunder, if any, shall be due and
payable in full. Borrower may prepay any or all of the outstanding principal at any time, without
penalty.
All payments hereon shall be made, and all notices to Lender required or authorized
hereby shall be given, at the office of Lender at the address designated in the heading of this
Note, or to such other place as Lender may from time to time direct by written notice to
Borrower.
If any payment under this Note is not received by the holder hereof within ten (10)
business days of when it becomes due, the undersigned shall pay to the holder hereof a late
charge of four percent (4%) of such payment, such late charge to be immediately due and
payable without demand by the holder hereof.
If any installment due under this Note is not paid within thirty (30) days of the date that
Borrower receives Lender's written notice of default, the entire principal amount outstanding
hereunder and accrued interest thereon shall at once become due and payable, at the option of the
holder hereof. The holder hereof may exercise this option to accelerate during any default by the
undersigned regardless of any prior forbearance. In the event of any default in the payment of
this Note, and if the same is referred to an attorney at law for collection or any action at law or in
equity is brought with respect hereto, the undersigned shall pay the holder.hereof all expenses
and costs, including, but not limited to, attorney's fees and applicable statutory costs.
This Note, as it regards to this transaction, constitutes the entire integrated agreement
between the parties, and supersedes any prior or contemporaneous statements, representations,
warranties, understandings or inducements of any kind, whether oral or in writing. This Note
may be modified only by a writing signed by the both parties and stating that it modifies this
Note.
From time to time, without affecting the obligation of the undersigned or the successors
or assigns of the undersigned to pay the outstanding principal balance of this Note and observe
the covenants of the undersigned contained herein, without affecting the guaranty of
any person,
corporation, partnership or other entity for payment of the outstanding principal balance of this
Note, without giving notice to or obtaining the consent of the undersigned, the successors or
assigns of the undersigned or guarantors, and without liability on the part of the holder hereof,
the holder hereof may, at the option of the holder hereof extend the time for payment of said
outstanding principal balance or any part thereof, reduce the payments thereon, release anyone
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023
Borrower shall not be required to malce periodic payments toward the principal and
interest accruing hereunder. However, the full amount of principal and interest will be paid in
full, in any event, by July 1, 2020, which is the Maturity Date. On the Maturity Date, the entire
unpaid principal balance, together with other charges owing hereunder, if any, shall be due and
payable in full. Borrower may prepay any or all of the outstanding principal at any time, without
penalty.
All payments hereon shall be made, and all notices to Leader required or authorized
hereby shall be given, at the office of Leader at the address designated in the heading of this
Note, or to such other place as Lender may from time to time direct by written notice to
Borrower.
If any payment under this Note is not received by the holder hereof within ten (10)
business days of when it becomes due, the undersigned shall pay to the holder hereof a late
charge of four percen-t (4%) of such payment, such late charge to be immediately due and
payable without demand by the holder hereof.
If any installment due under this Note is not paid within thirty (30) days of the date that
Borrower receives Leader's written notice of default, the entire principal amount outstanding
hereunder and accrued interest thereon shall at once become due and payable, at the option of the
holder hereof. The holder hereof may exercise this option to accelerate during any default by the
undersigned regardless of any prior forbearance. In the event of any default in the payment of
this Note, and if the same is referred to an attorney at law for collection or any action at law or in
equity is brought with respect hereto, the undersigned shall pay the holder Jiereof all expenses
and costs, including, but not limited to, attorney's fees and applicable statutory costs.
This Note, as it regards to this transaction, constitutes the entire integrated agreement
between the parties, and supersedes any prior or contemporaneous statements, representations,
warranties, understandings or inducements of any kind, whether oral or in writing. This Note
may be modified only by a writing signed by the both parties and stating that it modifies this
Note.
From time to time, without affecting the obligation of the undersigned or the successors
or assigns of the undersigned to pay the outstanding principal balance of this Note and observe
the covenants of the undersigned contained herein, without affecting the guaranty of any person,
corporation, partnership or other entity for payment of the outstanding principal balance of this
Note, without giving notice to or obtaining the consent of the undersigned, the successors or
assigns of the undersigned or guarantors, and without liability on the part of the holder hereof,
the holder hereof may, at the option of the holder hereof, extend the time for payment of said
outstanding principal balance or any part thereof, reduce the payments thereon, release anyone
liable on any of said outstanding principal balance, accept a renewal of this Note, modify the
terms and time of payment of said outstanding principal balance, join in any extension or
subordination agreement, release any security given herefor, take or release other or additional
security, and agree in writing with the undersigned to modify the rate of interest or period of
amortization of this Note or change the amount of the monthly installments payable hereunder.
No waiver by Lender of any default shall operate as a waiver of any other default or of
the same default on a future occasion. No delay or omission on the part of Leader in exercising
any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Lender
of any right or remedy shall preclude any other or future exercise thereof or the exercise of any
other right or remedy.
,. GM84017
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023
The provisions of this Note are severable, and if any one provision is found to be
unenforceable in whole or in pat, the remainder of this Note will remain valid and enforceable.
If any of the restrictions contained in any paragraphs of this Note are found to be unenforceable
in whole or in part, the parties agree that the court should nevertheless enforce eachrestriction or
portion thereof which is not found to be unenforceable and may modify any unenforceable
restriction or obligation to render it enforceable.
All notices required or permitted to be given under this Note shall be sufficient if in
writing and sent via certified or registered mail to address of each party as set forth above.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties,
guarantors and endorsers hereof. This Note shall be binding upon the heirs, successors, assigns
and personal representatives of the Borrower.
This Note in all respects shall be interpreted, construed and governed by and in
accordance with the law of the State ofNew York.
STATE OF NEW YORK)
COUNTY OF CLINTON) ss:
18th
On this day of September, 2017, before me, the undersigned, appeared
personally
JAMIE MENARD, personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the
individual executed the instrument
Notary blic
ANF.8RACT
Emins Apdl25, //•
Preview
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023 EXHIBIT A FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023 PROhHSSOFY NOTE $250,000.00 July 1, 2017 FOR VALUE RECE1VED, the undersigned, JAMIE MENARD, with an address of 60 Lake Street, Rouses Point, New York 12979 ("Borrower") promises to pay LOUIS BOMBARDIER, with an address of 10 Boulerice Road, Altona, New York 12910 ("Lender"), on or before July 1, 2020 ("Maturity Date"), the principal sum of Two Hundred Fifty Thousand Dollars ($250,000.00), together with interest at the rate of 5%, as follows: Borrower shall not be required to make periodic payments toward the principal and interest accruing hereunder. However, the full amount of principal and interest will be paid in full, in any event, by July 1, 2020, which is the Maturity Date. On the Maturity Date, the entire unpaid principal balance, together with other charges owing hereunder, if any, shall be due and payable in full. Borrower may prepay any or all of the outstanding principal at any time, without penalty. All payments hereon shall be made, and all notices to Lender required or authorized hereby shall be given, at the office of Lender at the address designated in the heading of this Note, or to such other place as Lender may from time to time direct by written notice to Borrower. If any payment under this Note is not received by the holder hereof within ten (10) business days of when it becomes due, the undersigned shall pay to the holder hereof a late charge of four percent (4%) of such payment, such late charge to be immediately due and payable without demand by the holder hereof. If any installment due under this Note is not paid within thirty (30) days of the date that Borrower receives Lender's written notice of default, the entire principal amount outstanding hereunder and accrued interest thereon shall at once become due and payable, at the option of the holder hereof. The holder hereof may exercise this option to accelerate during any default by the undersigned regardless of any prior forbearance. In the event of any default in the payment of this Note, and if the same is referred to an attorney at law for collection or any action at law or in equity is brought with respect hereto, the undersigned shall pay the holder.hereof all expenses and costs, including, but not limited to, attorney's fees and applicable statutory costs. This Note, as it regards to this transaction, constitutes the entire integrated agreement between the parties, and supersedes any prior or contemporaneous statements, representations, warranties, understandings or inducements of any kind, whether oral or in writing. This Note may be modified only by a writing signed by the both parties and stating that it modifies this Note. From time to time, without affecting the obligation of the undersigned or the successors or assigns of the undersigned to pay the outstanding principal balance of this Note and observe the covenants of the undersigned contained herein, without affecting the guaranty of any person, corporation, partnership or other entity for payment of the outstanding principal balance of this Note, without giving notice to or obtaining the consent of the undersigned, the successors or assigns of the undersigned or guarantors, and without liability on the part of the holder hereof, the holder hereof may, at the option of the holder hereof extend the time for payment of said outstanding principal balance or any part thereof, reduce the payments thereon, release anyone FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023 Borrower shall not be required to malce periodic payments toward the principal and interest accruing hereunder. However, the full amount of principal and interest will be paid in full, in any event, by July 1, 2020, which is the Maturity Date. On the Maturity Date, the entire unpaid principal balance, together with other charges owing hereunder, if any, shall be due and payable in full. Borrower may prepay any or all of the outstanding principal at any time, without penalty. All payments hereon shall be made, and all notices to Leader required or authorized hereby shall be given, at the office of Leader at the address designated in the heading of this Note, or to such other place as Lender may from time to time direct by written notice to Borrower. If any payment under this Note is not received by the holder hereof within ten (10) business days of when it becomes due, the undersigned shall pay to the holder hereof a late charge of four percen-t (4%) of such payment, such late charge to be immediately due and payable without demand by the holder hereof. If any installment due under this Note is not paid within thirty (30) days of the date that Borrower receives Leader's written notice of default, the entire principal amount outstanding hereunder and accrued interest thereon shall at once become due and payable, at the option of the holder hereof. The holder hereof may exercise this option to accelerate during any default by the undersigned regardless of any prior forbearance. In the event of any default in the payment of this Note, and if the same is referred to an attorney at law for collection or any action at law or in equity is brought with respect hereto, the undersigned shall pay the holder Jiereof all expenses and costs, including, but not limited to, attorney's fees and applicable statutory costs. This Note, as it regards to this transaction, constitutes the entire integrated agreement between the parties, and supersedes any prior or contemporaneous statements, representations, warranties, understandings or inducements of any kind, whether oral or in writing. This Note may be modified only by a writing signed by the both parties and stating that it modifies this Note. From time to time, without affecting the obligation of the undersigned or the successors or assigns of the undersigned to pay the outstanding principal balance of this Note and observe the covenants of the undersigned contained herein, without affecting the guaranty of any person, corporation, partnership or other entity for payment of the outstanding principal balance of this Note, without giving notice to or obtaining the consent of the undersigned, the successors or assigns of the undersigned or guarantors, and without liability on the part of the holder hereof, the holder hereof may, at the option of the holder hereof, extend the time for payment of said outstanding principal balance or any part thereof, reduce the payments thereon, release anyone liable on any of said outstanding principal balance, accept a renewal of this Note, modify the terms and time of payment of said outstanding principal balance, join in any extension or subordination agreement, release any security given herefor, take or release other or additional security, and agree in writing with the undersigned to modify the rate of interest or period of amortization of this Note or change the amount of the monthly installments payable hereunder. No waiver by Lender of any default shall operate as a waiver of any other default or of the same default on a future occasion. No delay or omission on the part of Leader in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Lender of any right or remedy shall preclude any other or future exercise thereof or the exercise of any other right or remedy. ,. GM84017 FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/10/2023 The provisions of this Note are severable, and if any one provision is found to be unenforceable in whole or in pat, the remainder of this Note will remain valid and enforceable. If any of the restrictions contained in any paragraphs of this Note are found to be unenforceable in whole or in part, the parties agree that the court should nevertheless enforce eachrestriction or portion thereof which is not found to be unenforceable and may modify any unenforceable restriction or obligation to render it enforceable. All notices required or permitted to be given under this Note shall be sufficient if in writing and sent via certified or registered mail to address of each party as set forth above. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be binding upon the heirs, successors, assigns and personal representatives of the Borrower. This Note in all respects shall be interpreted, construed and governed by and in accordance with the law of the State ofNew York. STATE OF NEW YORK) COUNTY OF CLINTON) ss: 18th On this day of September, 2017, before me, the undersigned, appeared personally JAMIE MENARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual executed the instrument Notary blic ANF.8RACT Emins Apdl25, //•