Preview
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
"6"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
CITICORPGCITIBANC
City NEW YORK State New York
Date May 25, 1989
MORTGAGE LOAN NOTE
Property Address 52 EAST END AVENUE, Unit # 14-B, NEW YORK, New York 10028
1. Borrower's In return for a Ioan that I have received, I promise to pay U.S. $ 199,500.00
Promise (called "principal") plus interest at the yearly rate of 12.375%, to the order of the
To Pay Lender. The Lender is CITIBANK, N.A., 399 Park Avenue, New York, New York
10043 1 understand that the Lender
may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder." . .
2. Time And I will pay principal and interest by making monthly payments on the first day of each
Place of month beginning on July 1, 1989 My monthly payment will be in the
Payments s mount of U.S. $ 2,109.85 I wlil make these payments every month until
ave aid ail the principal and interest and any other charges described below that
'
may owe under this Note. If I still owe amounts under this Note on June 1, 2019
(the "Maturity Date"), I will pay those amounts in full on that date.
I will make my monthly payments at CITIBANK, N.A. , CMI 15851 CLAYTON
ROAD, BALLWIN, MO 63011, or at a different place
If required by the Note Holder.
3. My Right I have the right to make payments of principal at any time before they are-due. Such
To Prepay · a payment of principal is known as a "prepayment". When I make a prepayment, I wlil
tell the Note Holder In a letter that I am doing so.
1 may make a full prepayment or a partial prepayment without paying any penalty.
The Note Holder will use all of my prepayments to reduce the amount of principal
that I owe under this Note. If I make a partial prepayment there will be no delays in
the due dates of my monthly psy±ente unless the Note Holder agrees in writing to
those delays.
4. usury If a law, which applies to this loan and which sets maximum loan charges, is finally
interpreted so that the Interest or other loan charges collected or to be collected in
connect!en with this loan exceed the permitted limits, then: (i) any such ioan charge
shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (ii) any sums.already collected from me,which exceeded permitted limits
will be refunded to me. The Note Holder may choose to make this refund by reducing
the principal I owe under this Note or by making a direct payment to me. If a refund
reduces principal, the reduction will be treated as a partial prepayment, except that
no prepayment charge will be due.
5. My Failure (A) Late Charges for OverduePayments
To Make If the Note.Holder has not received the full amount of any of my monthly paymants
..PaymentsAs or other charges within fifteen (15) calendar days after the date it is due, I will pay a
Required late charge to the Note Holder. The amount of the late charge will be two (2%)
percent of my overdue payment. I will pay this late charge only once on any late
payment.
(8) Default
If I do not pay the full amount of each monthly payment within fifteen (15) days of its
due date, or I fail to keep any of my promises in the Mortgage (as defined in Section
9), I will be in default. If I am in default, the Note Holder may require me to pay
imme&ately the full amount of pr!ncipa! which has not been paid and all the interest
that I owe on that amount. The rate of interest set forth in Paragraph 1 is the rate I
will owe both before and after any such default.
(C) Paymentof Note Holder's Costs and Expenses
if the Note Holder has required me to pay :==adiats:y in full as described above, the
Note Holder will have the right to be paid back for all of its costs and expenses In
enforcing this Note to the extent not proh!b!ted by applicable law. Those expenses
attorneys'
include, for example, reasonable fees.
Unless applicable law requires a different method of giving notice, any-notice that
must be given to me under this Note will be given by delivering it or by mailing it by
first class mail addressed to me at the Property Address above or at a different
address If I give the Note Holder a notice of my different address.
. Giving of Any notice that must be given to the Note Holder under this Note will be given by
Notices mailing It by first class mail to the Note Holder at the address stated in Peregraph 2
above or at a different address if I am given a notice of that different address.
(MRE533(L) Rev.9-87)Pkg.50
item357335
1 of 2
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
7. bligat6ns If more than onë~person signs this Note, each person twrully and personally .
Of P rsons obligated to keep all of the pre:nbca made In this Note, including the promise to pay
WhoSign , the full amount owed. Any person who is a guarantnr, surety, or endorser of this Note
This Note is also obligated to do these things. Any person who takes over the obligations under
. this Note or any person who takespver he cb!!get!ons of.a guarantor, surety, or
endorser of this Note is also oblig esp all of the promises made in this Note.
The Note Holder may enforce its pidtÚÏÈêr this Note against each person
:r.d:::dua:Iy or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
8. Waiver The Note Holder may, without losing any of Its rights under this Note (i) accept late
full" and
payments, (li) accept partial payments marked "paid in (iii) delay in enforcing
any of Its rights under this Note. I and any other person who has obligations under
this Note waive the rights of presentment, notice of dkhonor and protest.
"Presentment"
means the right to require the Note Holder to demand payment of
dbhonor"
amounts due. "Notice of means the right to require the Note Holder to give
notice that amounts due have not been pald. "Protest" means the right to require the
Note Holder to obtain an official certification of nonpayment. No change or
cancellation of this Note shall be effective unless the change or cancellation is In
writing and has been signed by the Note Holder and me.
. 9. This Note in addition to the protections given to the Note Holder under this Note, a mortgage
Secured By (the "Mortgage"), dated the same day as this Note, covering the property located at
A Mortgage 52 EAST END AVENUE, Unit # 14-B, NEW YORK, NY 10028
protects the Note Holder from possible losses
which might.result if I do not keep the promises which I make In this Note. The
Mortgage describes how and under what conditions I may be required to make
immediate payment in full of all amounts I owe under this Note. Any default by me
under the Mortgage shall be deemed a default under this Note.
10. First At the time that 1 make my first monthly payment, I will also pay the Note Holder
Payment interest on the unpaid principal for the period from the date of this Note to the end of
the month in which this Note is signed.
11. Application All payments received by the Note Holder shall be applied, first, to payments made
Of Payments by the Note Holder to protect its lien under the Mortgage, second, to pay unpaid late
charges, third, on account of interest, and then, on account of principal.
12. NewYork This Note shall be governed by the laws of the State of New York and any applicable
Lien Law federal law. In the event of a conflict between any provision of this Note and any .
federal or New York State statute, law or regu!::tion in effect as of the date of this
Note, the statute, law or regulation shall control to the extent of such conflict and the
provision contained in this Note shall be without effect. All other provisions of this
Note will remain fully effective and enforceable.
. Pay to the order of LAWRENCE ER (Borrower)
(Borro
Citicorp Mortgage, Inc., Attorne
in Fae for Ci bank, N1A.
gy. 7 Pay. to the order of (Borrower)
course
(Borrower)
Citic tg rney
•
STATEOF NEW YORK in F , f
SS
COUNTY
0FNEW YORK . By:
. .
On this 25th day of May, 1989 before me personally came
LAWRENCE LEVNER
to me knownand knownto me to be the individual(s) described in and who executed the
foregoing instrument, and she/he/they dul y acknowledgedto me she/he/they executed the same.
COLUMBUS, OHlo
Paytothe of
tem357335
(MRE(L) Notary Public
Page 2 of 2 MRENCE HANDELMAN
Notary Putaic,Stateof NewYofK
Authoffsed r 9:o.30-48485n
OuaBfied in Nassau Coumy
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
ORDER OF
PAY TO THE
and Trust Company
Bank
State Street and Seddng
Under a Paoling
as Tnistee CMSi wkhou.t recourse
agreement with
NA
on us Citibank,
Assistant Secretary
Kathleen Rehder,
Attomey-in-Fact for
CMI
Citibank, NA
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
PAY TO THE ORDER OF
CITIBANK, N.A.
WITHOUT RECOURSE ON US
STATE STREET NK AND TRUST COMPANY, AS TRUSTEE
BY•
Wheeler , VICE PRESIDENf
STATE S BANK AND TRUST 'COMPANY, AS TRUSTEE
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
Loan # / weVner
ALLONGE
Without Recourse, Pay to the Order of:
CitiMortgage, Inc.
This endorsement relates to a certain
Promissory Note ("Note") in the original principal sum of
$199,500.00,which Note was dated May 25d', 1989,
was made by Lawrence Levner and which was .
secured by a mortgage made on the same date
on property commonly known as:
52 East End Avenue, Unit 14B, New York, New York 10028
3"'
Dated this day of January, 2007.
JPMorgan Chase Bank, NA f/k/a JPMorgan Chase Bank f/k/a The Chase Manhattan Bank f/k/a
Chemical ank
Name: Kei a Hudson
Title: Assis t Secretary
Pay to the or
J P MO C H AS NK , $1 . A . .
Without r on us CitiMortg .
C'
By:
Assistant Vce President
i
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
ALLONGE TQ NOTE
CMI LOAN #.
ALLONGE TO NOTE DATED: 5/25/1989
BORROWERS: LAWRENCE LEVNER
PROPERTY ADDRESS: 52 EAST END AVENUE, UNIT # 14-B, NEW YORK, NEW YORK 10028
LOAN AMOUNT: $199,500.00
PAYTOTHEORDEROF
FIRST CHOICE BANK
WITHOUT RECOURSE
CITIMORTGAGE, INC.
BY:
NAM LARRY BAUMANN
TITLE: VICE PRESIDENT
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
Loan #
Note Verification - Off Us Assignment Process
Note Date: 7/18/2003
Is note Original:(Y) N
If not original, does new lender except LNA: Y N Who approved:
Endorsements:
1.) Assignor: JPMORGAN CHASE BANK. NA F/K/A JPMORGAN CHASE BANK
F/K/A THE CHASE MANHATTAN BANK F/K/A CHEMICAL BANK
Assignee: CHT1 f@RTGAGE. INC.
Endorsement/ Ilonge riginal; N
2.) Assignor: CITIMORTGAGE, INC.
Assigñee: FIRSTÆJIOICE LOAN SERVICES, INC.
Endorsement/ Original: N
Verified by: Date: 4/28/2014
Accepted by: Date:
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
GAP NOTE
July 18, 2003 New York, New York
[Date] [City] [State]
52 East End Avenue, Unit 14B, New York, New York 10028
[Property Address]
1. BORROWER'SPROMISETOPAY
InretumforaloanthatIhavereceived,IpromisetopayU.S.$2,011.83(thisamountiscalled"Principal"),plus
interest,totheorderoftheLender.TheLenderis JP MorganChaseBank.Iwillmakeallpaymentsunderthis
Note in the form of cash, check orrnoney order.
IünderstandthattheLendermaytransferthisNote.TheLenderor anyonewhotakesthisNotebytransfer
"NoteHolder."
and who is entitledtoreceivepaymentsunder this Note is calledthe
2., INTEREST
InterestwillbechargedonunpaidprincipaluntilthefullamountofPrincipalhasbeenpaid. Iwillpayinterest
atayearlyrateof5.375%.
TheinterestraterequiredbythisSection2istherateIwillpaybothbeforeandafteranydefaultdescribedin
Section 6 (B)ofthis Note.
3. PAYMENTS
(A)TimeandPlaceof Payments
Iwillpayprincipalandinterestbymakingapaymenteverymonth.
IwillmakemymonthlypaymentonthefirstdayofeachmonthbeginningonSepternber1,2003.Iwillmake
thesepaymentseverymonthuntilIhavepaidalloftheprincipalandinterestandanyotherchargesdescribedbelow
thatImayoweundei·thisNote.Eachmonthlypaymentwillbeappliedasofits scheduledduedateandwillbe
appliedtointerestbeforePrincipal.If,onAugust1,2033IstilloweamountsunderthisNote, Iwillpaythose
"MaturityDate."
amounts in full on that date, which is called the .
IwillmakemymoñélypaymentsatP.O.Box 78824, Phoenix,AZ 850624824oratadifferentplaceifrequired
bytheNoteHolder.
(B) Amount of MonthlyPayments
Mymonthlypaymentwillbeintheamount of U.S. $11.27.
4. BORROWER'SRIGHTTO PREPAY
IhavetherighttomakepaymentsofPrincipalatanytimebeforetheyaredue. ApaymentofPrincipalonly
isknownasa"Prepayment."WhenIrnakeaPrepayment,Iwilltellthe.NoteHolderinwritingthatlamdoingso.
ImaynotdesignateapaymentasaPrepaymentifIhavenotmadeallthemonthlypaymentsdueundertheNote.
ImaymakeafullPrepaymentorpartialPrepaymentswieoutpayingaPrepaymentcharge.TheNoteHolder
willusemyPrepaymentstoreducetheamo tofPrincipalthatIoweunderthisNote. However,theNoteHolder
mayapplymyPrepaymenttotheacemed d paidinterestonthePrepaymentamount,beforeapplyingmy
PrepaymenttoreducethePrincipalamountoftheNote. IfImakeapartialPrepayment,therewillbenochanges
intheduedateorintheamountofmymonthlypaymentunlesstheNoteHolderagreesinwritingtothosechanges.
5. LOANCHARGES
Ifalaw,whichappliestothis loanandwhichsetsmaximumloancharges,isfinallyinterpretedsothatthe
interestorotherloanchargescollectedortobecollectedinconnectionwithtbisloanexceedthepermittedlimits,
then:(a)anysuchloanchargeshallbereducedbytheamountnecessarytoreducethechargetothepermittedlimit;
and(b)anysums alreadycollectedfrommewhichexceededpermittedlimitswillberefundedtome.TheNote
HoldermaychoosetomakethisrefundbyreducingthePrincipalIoweunderthisNoteorbymaking adirect
paymenttome. Ifarefund reducesPrincipal,the reductionwillbetreatedasapartialPrepayment.
6. BORROWER'SFAILURETOPAYASREQUIRED
(A)LateChargesforOverduePayments
NEw YORK FIXED RATE NOTE - Single Family - FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT
(Page 1 of 3) Form 3233 1/01
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
IftheNoteHolderhasnotreceivedthefullamountofanymoñthlypaymentbytheendof15 calendardays
afterthedateitisdue,IwillpayalatechargetotheNoteHolder. Theamountofthechargewillber.000%ofmy
overduepaymentofprincipalandinterest.Iwillpaythislatechargepromptlybutonlyonceoneachlatepayment.
(B) Default
IfIdonotpaythefullamountofeachmonthlypayment onthe date it is due,Iwillbeindefault.
(C)Notice of Default
IfIamindefault,theNoteHoldermaysendmeawrittennoticetellingmethatifIdonotpaytheoverdue
amountbyacertaindate,theNoteHoldermayrequiremetopayimmediatelythefullamountofPrincipalwhich
hasnotbeenpaidandalltheinterestthatIoweonthatamount. Thatdatemustbeatleast30daysafterthedate
onwhichthenoticeismailedtomeor deliveredby othermeans.
(D)No Waiver By Note Holder
Evenif,atatimewhenIamin default,theNoteHolderdoesnotrequiremetopayimmediatelyinfullas
described above, theNoteHolder will still have the righttodosoifIamindefaultatalatertime.
(E) Payment ofNote Holder's Costs and Expenses
IftheNoteHolderhasrequiredmetopayimmediatelyinfullas describedabove,theNoteHolderwillhave
therighttobepaidbackbymeforallofitscostsandexpensesinenforcingtbisNotetothéextentnotprohibited
attorneys'
byapplicable law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
. UnlessApplicableLawrequiresadifferentmethod,anynoticethatmustbegiventomeunderthisNotewill
begivenbydeliveringitorbymailingitbyfirstclassmailtomeatthePropertyAddressaboveoratadifferent
address ifI give theNoteHolder anotice ofmydifferentaddress.
AnynoticethatmustbegiventotheNoteHolderunderthisNotewillbegivenbymailingitbyfirstclassmail
totheNoteHolderattheaddressstatedinSection3(A)aboveoratadifferentaddressifIamgivenanoticeof
thatdifferentaddress.
8. OBLIGATIONS OF PERSONSUNDER THIS NOTE
IfmorethanonepersonsignsthisNote,eachpersonisfullyandpersonallyobligatedtokeepallofthepromises
madeinthisNote,includingthepromisetopaythefullamountowed. Anypersonwhoisaguarantor,suretyor
endorserofthisNoteisalsoobligatedtodothesethings. Anypemonwhotakesovertheseobligatioñs,including
theobligalinnaofaguarantor,suretyorendorserofthisNote,isalsoobligatedtokeepallofthepromisesmade
inthisNote. TheNoteHoldermayenforceitsrightsunderthisNoteagainsteachpersonindividuallyoragaiñst
allofustogether. ThismeansthatanyoneofusmayberequiredtopayalloftheamountsowedunderthisNote.
9. WAIVERS
IandanyotherpersonwhohasobligationsunderthisNotewaivetherightsofPresentmentandNoticeof
Dishonor. "Preseñtmcat"meanstherighttorequiretheNoteHoldertodemandpaymentofamountsdue."Notice
ofdishonor"meanstherighttorequiretheNoteHoldertogivenoticetootherpersonsthatamountsduehavenot
beenpaid.
10.UNIFORM SECURED NOTE
ThisNoteisaunifonninstnunentwithlimitedvariationsinsomejurisdictions.Inadditiontotheprotections
giventotheNoteHolderunderthisNote,aMortgage,DeedofTrustorSecurityDeed(the"SecurityInstrument"),
datedthesamedateasthisNote,protectstheNoteHolderfrompossiblelosseswhichmightresultifIdonotkeep
thepromiseswhichImakeinthisNote. ThatSecurityInstrumentdescribeshowandunderwhatconditionsImay
berequiredtomakeimmediatepaymentinfullofallamountsIoweunderthisNote. Someofthoseconditionsare
describedasfollows:
LendermayrequireimmediatepaymentinfullofallSumsSecuredbythisSecurityInstrumentifallor
anypartoftheProperty,orifanyrightintheProperty,issoldortransferredwithoutI£nder'spriorwritten
permission. IfBorrowerisnotanaturalpersonandabeneficialinterestinBorrowerissoldortransferred
NEW YORK FIXED RATE NOTE - Single - FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT
Family
(Page 2 of 3) Fonn 3233 1/01
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
withouthender'spriorwrittenperrnission,Lenderalsomayrequireimmediatepaymentinfull. However,
-this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
IfLenderrequiresimmediatepaymentinfullunderthis Section18,Lenderwillgivemeanoticewhich
statesthisrequirement. Thenoticewillgivemeatleast30daystomaketherequiredpayment.The30-day
periodwillbeginonthedatethenoticeisgivetomeinthemannerrequiredbySection15ofthis Security
Instmmêñt. IfIdonotmakethesquiredpaymentduringthatperiod,Lendermayacttoenforceitsrights
under this Security Instrument without giving me any further notice or demañd for payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
Lawrence Levn -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
Borrower -Borrower
[Sign Original Only]
Pa the r er of
Y OTHE ORDEROP
OR G 00 AU0N o se
CHAS A A
BY
DA IT ARLIN/ASST.
n fARUN/ASST SECRETARY 8ECRETARY
DA
NEW YORK FIXED RATE NOTE - Single Family- FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT
(Page 3 of 3) Form 5233 1/01
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
Loan # 1116120040 / Levner
ALLONGE
Without Recourse, Pay to the Order of:
CitiMortgage, Inc.
This endorsement relates to a certain
Promissory Note ("Note") in the original principal sum of
$2,011.83, which Note was dated July 18*, 2003,
was made by Lawrence Levner and which was
secured by a mortgage made on the same date
on property commonly known as:
52 East End Avenue, Unit 14B, New York, New York 10028
3d
Dated this day of January, 2007.
JPMorgan Chase Bank, NA f/k/a JPMorgan Chase Bank f/k/a The Chase
Manhattan Bank f/k/a Chemical Bank .
Name: Kei ha Hudson
Title: Assi nt Secretary
Pay der of
JPMORGAN SE BANK, N.A.
Without e r e on us Cit e, Inc.
Beverly Jones
Assistant ¼ce Presideñt
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
ALLONGE TO NOTE
CMI LOAN #:
ALLONGE TO NOTE DATED: 7/18/2003
BORROWERS: LAWRENCE LEVNER
PROPERTY ADDRESS: 52 EAST END AVENUE, UNIT 14-B, NEW YORK, NEW YORK 10028
LOAN AMOUNT: $2,011.83
PAY TO THE ORDER OF
FIRST CHOICE BANK
WITHOUT RECOURSE
CITIMORTGAGE, INC.
BY:
NAME: LARRY BAUMANN .
TITLE: VICE PRESIDENT
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
Loan # I
Note Verification - Off Us Assignment Process
Note Date: 7/18/2003
Is note Original: N
If not original, does new lender except LNA: Y N Who approved:
Endorsements:
1.) Assignor: ,JPMORGAN CHASE BANK, NA F/K/A ,JPMORGAN CHASE BANK
F/K/A THE CHASE MANHATTAN BANK F/K/A CHEMICAL BANK
Assignee: CIITMORTGAGE, INC.
Endorsemen sllon Original: N
2.) Assignor: CITIMORTGAGE.*INC.
Assignee: FIRSTALIOICE LOANSERVICES. INC.
Endorsement/ Original: 62 N
Verified by: Date: 4/28/2014
Accepted by: Date:
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
CONSOLIDATED NOTE
This Note amends and restates in their entirety, and is given in substitution for,
the Notes described in Exhibit A of the New tork Consolidation, Extension,
and ModificationAgreement dated the same date as this Note.
July 18, 2003 New York, New York
52 East End Avenue, Unit 14B, New York, New York 10028
1. BORROWER'S PROMISE TO PAY
InreturnforaloanthatIhavereceived,1promisetopayU.S.$148,000.00(this amountis called"Principal"),
plusinterest,totheorderoftheLender.TheLenderis JP Morgan Chase Bank. Iwillmakeallpaymentsunder
this Note in the fonn of cash, check or money order. .
IunderstandthatthelendermaytransferthisNote. TheLenderoranyonewhotakesthisNotebytransfer
Holder."
and who is entitled to receivepayments under this Note is called the "Note
2. INTEREST
InterestwillbechargedonunpaidprincipaluntilthefullamountofPrincipalhasbeenpaid. Iwillpayinterest
at a yearlyrate of 5.375%.
TheinterestraterequiredbythisSection2istherateIwillpaybothbeforeandafteranydefaultdescribedin
Section 6 (B) ofthis Note.
3. PAYMENTS
(A) Time and Place of Paynients
I will pay principal and interestbymaking payments everymonth.
Iwillmakemymonthlypaymentonthefirstdayofeachmonthbeginningon September 1, 2003. Iwillmake
thesepaymentseverymonthuntilIhavepaidalloftheprincipalandinterestandanyotherchargesdescribedbelow
thatImayoweunderthisNote. Eachmonthlypaymeñtwillbeappliedasofitsscheduledduedateandwillbe
applied tointerestbeforePrincipal. If,on August 1, 2033 I still owe amountsunderthisNote,Iwillpaythose
Date."
amounts in full on that date, whichis called the "Maturity
Iwillmakemymonthlypayments at P.O. Box 78824, Phoenix,AZ 85062-8824 or atadifferentplaceifrequired
by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount ofU.S.$828.76.
4. BORROWER'S RIGHT TO PREPAY
Ihavetherighttomakepayments ofPrincipalatanytimebeforetheyaredue. ApaymentofPrincipalonly
isknownasa"Prepayment."WhenImakeaPrepayment,IwilltelltheNoteHolderinwritingthatIamdoingso.
ImaynotdesignateapaymentasaPrepaymentifIhavenotmadeallthemoñthlypaymentsdueundertheNote.
ImaymakeafullPrepaymentorpartialPrepaymentswithoutpayinganyPrepaymentcharge. TheNoteHolder
willusemyPrepaymentstoreducetheamountofPrincipalthatIoweunderthisNote. However,theNoteHolder
mayapplymyPrepaymenttotheaccruedandunpaidinterestonthePrepaymentamount,beforeapplyingmy
PrepaymenttoreducethePrincipalamountoftheNote. IfImakeapartialPrepayment,therewillbeno changes
intheduedateorintheamountofmymonthlypaymentunlesstheNoteHolderagreesinwritingtothosechanges.
NEW YORK FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3233 1/01
(page 1 of 3)
FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018
5. LOANCHARGES
Ifalaw,whichappliestothisloanandwhichsetsmaximumloancharges,isfinallyinterpretedsothatthe
interestorotherloanchargescollectedortobecollectedinconnectionwiththisloanexceedthepermittedlimits,
then:(a)anysuchloanchargeshallbereducedbytheamountnecessarytoreducethechargetothepermittedlimit;
and(b)anysumsalreadycollectedfrommewhichexceededpermittedlimitswillberefundedtome. TheNote
Holdermaychoose to makethisrefundbyreducingthe Principal I owe underthisNoteorbymakingadirect
paymenttome. IfarefundreducesPrincipal,thereductionwillbetreatedasapartialPrepayment.
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FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 "6" EXHIBIT FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 CITICORPGCITIBANC City NEW YORK State New York Date May 25, 1989 MORTGAGE LOAN NOTE Property Address 52 EAST END AVENUE, Unit # 14-B, NEW YORK, New York 10028 1. Borrower's In return for a Ioan that I have received, I promise to pay U.S. $ 199,500.00 Promise (called "principal") plus interest at the yearly rate of 12.375%, to the order of the To Pay Lender. The Lender is CITIBANK, N.A., 399 Park Avenue, New York, New York 10043 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." . . 2. Time And I will pay principal and interest by making monthly payments on the first day of each Place of month beginning on July 1, 1989 My monthly payment will be in the Payments s mount of U.S. $ 2,109.85 I wlil make these payments every month until ave aid ail the principal and interest and any other charges described below that ' may owe under this Note. If I still owe amounts under this Note on June 1, 2019 (the "Maturity Date"), I will pay those amounts in full on that date. I will make my monthly payments at CITIBANK, N.A. , CMI 15851 CLAYTON ROAD, BALLWIN, MO 63011, or at a different place If required by the Note Holder. 3. My Right I have the right to make payments of principal at any time before they are-due. Such To Prepay · a payment of principal is known as a "prepayment". When I make a prepayment, I wlil tell the Note Holder In a letter that I am doing so. 1 may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment there will be no delays in the due dates of my monthly psy±ente unless the Note Holder agrees in writing to those delays. 4. usury If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the Interest or other loan charges collected or to be collected in connect!en with this loan exceed the permitted limits, then: (i) any such ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums.already collected from me,which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment, except that no prepayment charge will be due. 5. My Failure (A) Late Charges for OverduePayments To Make If the Note.Holder has not received the full amount of any of my monthly paymants ..PaymentsAs or other charges within fifteen (15) calendar days after the date it is due, I will pay a Required late charge to the Note Holder. The amount of the late charge will be two (2%) percent of my overdue payment. I will pay this late charge only once on any late payment. (8) Default If I do not pay the full amount of each monthly payment within fifteen (15) days of its due date, or I fail to keep any of my promises in the Mortgage (as defined in Section 9), I will be in default. If I am in default, the Note Holder may require me to pay imme&ately the full amount of pr!ncipa! which has not been paid and all the interest that I owe on that amount. The rate of interest set forth in Paragraph 1 is the rate I will owe both before and after any such default. (C) Paymentof Note Holder's Costs and Expenses if the Note Holder has required me to pay :==adiats:y in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses In enforcing this Note to the extent not proh!b!ted by applicable law. Those expenses attorneys' include, for example, reasonable fees. Unless applicable law requires a different method of giving notice, any-notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. . Giving of Any notice that must be given to the Note Holder under this Note will be given by Notices mailing It by first class mail to the Note Holder at the address stated in Peregraph 2 above or at a different address if I am given a notice of that different address. (MRE533(L) Rev.9-87)Pkg.50 item357335 1 of 2 FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 7. bligat6ns If more than onë~person signs this Note, each person twrully and personally . Of P rsons obligated to keep all of the pre:nbca made In this Note, including the promise to pay WhoSign , the full amount owed. Any person who is a guarantnr, surety, or endorser of this Note This Note is also obligated to do these things. Any person who takes over the obligations under . this Note or any person who takespver he cb!!get!ons of.a guarantor, surety, or endorser of this Note is also oblig esp all of the promises made in this Note. The Note Holder may enforce its pidtÚÏÈêr this Note against each person :r.d:::dua:Iy or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 8. Waiver The Note Holder may, without losing any of Its rights under this Note (i) accept late full" and payments, (li) accept partial payments marked "paid in (iii) delay in enforcing any of Its rights under this Note. I and any other person who has obligations under this Note waive the rights of presentment, notice of dkhonor and protest. "Presentment" means the right to require the Note Holder to demand payment of dbhonor" amounts due. "Notice of means the right to require the Note Holder to give notice that amounts due have not been pald. "Protest" means the right to require the Note Holder to obtain an official certification of nonpayment. No change or cancellation of this Note shall be effective unless the change or cancellation is In writing and has been signed by the Note Holder and me. . 9. This Note in addition to the protections given to the Note Holder under this Note, a mortgage Secured By (the "Mortgage"), dated the same day as this Note, covering the property located at A Mortgage 52 EAST END AVENUE, Unit # 14-B, NEW YORK, NY 10028 protects the Note Holder from possible losses which might.result if I do not keep the promises which I make In this Note. The Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Any default by me under the Mortgage shall be deemed a default under this Note. 10. First At the time that 1 make my first monthly payment, I will also pay the Note Holder Payment interest on the unpaid principal for the period from the date of this Note to the end of the month in which this Note is signed. 11. Application All payments received by the Note Holder shall be applied, first, to payments made Of Payments by the Note Holder to protect its lien under the Mortgage, second, to pay unpaid late charges, third, on account of interest, and then, on account of principal. 12. NewYork This Note shall be governed by the laws of the State of New York and any applicable Lien Law federal law. In the event of a conflict between any provision of this Note and any . federal or New York State statute, law or regu!::tion in effect as of the date of this Note, the statute, law or regulation shall control to the extent of such conflict and the provision contained in this Note shall be without effect. All other provisions of this Note will remain fully effective and enforceable. . Pay to the order of LAWRENCE ER (Borrower) (Borro Citicorp Mortgage, Inc., Attorne in Fae for Ci bank, N1A. gy. 7 Pay. to the order of (Borrower) course (Borrower) Citic tg rney • STATEOF NEW YORK in F , f SS COUNTY 0FNEW YORK . By: . . On this 25th day of May, 1989 before me personally came LAWRENCE LEVNER to me knownand knownto me to be the individual(s) described in and who executed the foregoing instrument, and she/he/they dul y acknowledgedto me she/he/they executed the same. COLUMBUS, OHlo Paytothe of tem357335 (MRE(L) Notary Public Page 2 of 2 MRENCE HANDELMAN Notary Putaic,Stateof NewYofK Authoffsed r 9:o.30-48485n OuaBfied in Nassau Coumy FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 ORDER OF PAY TO THE and Trust Company Bank State Street and Seddng Under a Paoling as Tnistee CMSi wkhou.t recourse agreement with NA on us Citibank, Assistant Secretary Kathleen Rehder, Attomey-in-Fact for CMI Citibank, NA FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 PAY TO THE ORDER OF CITIBANK, N.A. WITHOUT RECOURSE ON US STATE STREET NK AND TRUST COMPANY, AS TRUSTEE BY• Wheeler , VICE PRESIDENf STATE S BANK AND TRUST 'COMPANY, AS TRUSTEE FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 Loan # / weVner ALLONGE Without Recourse, Pay to the Order of: CitiMortgage, Inc. This endorsement relates to a certain Promissory Note ("Note") in the original principal sum of $199,500.00,which Note was dated May 25d', 1989, was made by Lawrence Levner and which was . secured by a mortgage made on the same date on property commonly known as: 52 East End Avenue, Unit 14B, New York, New York 10028 3"' Dated this day of January, 2007. JPMorgan Chase Bank, NA f/k/a JPMorgan Chase Bank f/k/a The Chase Manhattan Bank f/k/a Chemical ank Name: Kei a Hudson Title: Assis t Secretary Pay to the or J P MO C H AS NK , $1 . A . . Without r on us CitiMortg . C' By: Assistant Vce President i FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 ALLONGE TQ NOTE CMI LOAN #. ALLONGE TO NOTE DATED: 5/25/1989 BORROWERS: LAWRENCE LEVNER PROPERTY ADDRESS: 52 EAST END AVENUE, UNIT # 14-B, NEW YORK, NEW YORK 10028 LOAN AMOUNT: $199,500.00 PAYTOTHEORDEROF FIRST CHOICE BANK WITHOUT RECOURSE CITIMORTGAGE, INC. BY: NAM LARRY BAUMANN TITLE: VICE PRESIDENT FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 Loan # Note Verification - Off Us Assignment Process Note Date: 7/18/2003 Is note Original:(Y) N If not original, does new lender except LNA: Y N Who approved: Endorsements: 1.) Assignor: JPMORGAN CHASE BANK. NA F/K/A JPMORGAN CHASE BANK F/K/A THE CHASE MANHATTAN BANK F/K/A CHEMICAL BANK Assignee: CHT1 f@RTGAGE. INC. Endorsement/ Ilonge riginal; N 2.) Assignor: CITIMORTGAGE, INC. Assigñee: FIRSTÆJIOICE LOAN SERVICES, INC. Endorsement/ Original: N Verified by: Date: 4/28/2014 Accepted by: Date: FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 GAP NOTE July 18, 2003 New York, New York [Date] [City] [State] 52 East End Avenue, Unit 14B, New York, New York 10028 [Property Address] 1. BORROWER'SPROMISETOPAY InretumforaloanthatIhavereceived,IpromisetopayU.S.$2,011.83(thisamountiscalled"Principal"),plus interest,totheorderoftheLender.TheLenderis JP MorganChaseBank.Iwillmakeallpaymentsunderthis Note in the form of cash, check orrnoney order. IünderstandthattheLendermaytransferthisNote.TheLenderor anyonewhotakesthisNotebytransfer "NoteHolder." and who is entitledtoreceivepaymentsunder this Note is calledthe 2., INTEREST InterestwillbechargedonunpaidprincipaluntilthefullamountofPrincipalhasbeenpaid. Iwillpayinterest atayearlyrateof5.375%. TheinterestraterequiredbythisSection2istherateIwillpaybothbeforeandafteranydefaultdescribedin Section 6 (B)ofthis Note. 3. PAYMENTS (A)TimeandPlaceof Payments Iwillpayprincipalandinterestbymakingapaymenteverymonth. IwillmakemymonthlypaymentonthefirstdayofeachmonthbeginningonSepternber1,2003.Iwillmake thesepaymentseverymonthuntilIhavepaidalloftheprincipalandinterestandanyotherchargesdescribedbelow thatImayoweundei·thisNote.Eachmonthlypaymentwillbeappliedasofits scheduledduedateandwillbe appliedtointerestbeforePrincipal.If,onAugust1,2033IstilloweamountsunderthisNote, Iwillpaythose "MaturityDate." amounts in full on that date, which is called the . IwillmakemymoñélypaymentsatP.O.Box 78824, Phoenix,AZ 850624824oratadifferentplaceifrequired bytheNoteHolder. (B) Amount of MonthlyPayments Mymonthlypaymentwillbeintheamount of U.S. $11.27. 4. BORROWER'SRIGHTTO PREPAY IhavetherighttomakepaymentsofPrincipalatanytimebeforetheyaredue. ApaymentofPrincipalonly isknownasa"Prepayment."WhenIrnakeaPrepayment,Iwilltellthe.NoteHolderinwritingthatlamdoingso. ImaynotdesignateapaymentasaPrepaymentifIhavenotmadeallthemonthlypaymentsdueundertheNote. ImaymakeafullPrepaymentorpartialPrepaymentswieoutpayingaPrepaymentcharge.TheNoteHolder willusemyPrepaymentstoreducetheamo tofPrincipalthatIoweunderthisNote. However,theNoteHolder mayapplymyPrepaymenttotheacemed d paidinterestonthePrepaymentamount,beforeapplyingmy PrepaymenttoreducethePrincipalamountoftheNote. IfImakeapartialPrepayment,therewillbenochanges intheduedateorintheamountofmymonthlypaymentunlesstheNoteHolderagreesinwritingtothosechanges. 5. LOANCHARGES Ifalaw,whichappliestothis loanandwhichsetsmaximumloancharges,isfinallyinterpretedsothatthe interestorotherloanchargescollectedortobecollectedinconnectionwithtbisloanexceedthepermittedlimits, then:(a)anysuchloanchargeshallbereducedbytheamountnecessarytoreducethechargetothepermittedlimit; and(b)anysums alreadycollectedfrommewhichexceededpermittedlimitswillberefundedtome.TheNote HoldermaychoosetomakethisrefundbyreducingthePrincipalIoweunderthisNoteorbymaking adirect paymenttome. Ifarefund reducesPrincipal,the reductionwillbetreatedasapartialPrepayment. 6. BORROWER'SFAILURETOPAYASREQUIRED (A)LateChargesforOverduePayments NEw YORK FIXED RATE NOTE - Single Family - FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT (Page 1 of 3) Form 3233 1/01 FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 IftheNoteHolderhasnotreceivedthefullamountofanymoñthlypaymentbytheendof15 calendardays afterthedateitisdue,IwillpayalatechargetotheNoteHolder. Theamountofthechargewillber.000%ofmy overduepaymentofprincipalandinterest.Iwillpaythislatechargepromptlybutonlyonceoneachlatepayment. (B) Default IfIdonotpaythefullamountofeachmonthlypayment onthe date it is due,Iwillbeindefault. (C)Notice of Default IfIamindefault,theNoteHoldermaysendmeawrittennoticetellingmethatifIdonotpaytheoverdue amountbyacertaindate,theNoteHoldermayrequiremetopayimmediatelythefullamountofPrincipalwhich hasnotbeenpaidandalltheinterestthatIoweonthatamount. Thatdatemustbeatleast30daysafterthedate onwhichthenoticeismailedtomeor deliveredby othermeans. (D)No Waiver By Note Holder Evenif,atatimewhenIamin default,theNoteHolderdoesnotrequiremetopayimmediatelyinfullas described above, theNoteHolder will still have the righttodosoifIamindefaultatalatertime. (E) Payment ofNote Holder's Costs and Expenses IftheNoteHolderhasrequiredmetopayimmediatelyinfullas describedabove,theNoteHolderwillhave therighttobepaidbackbymeforallofitscostsandexpensesinenforcingtbisNotetothéextentnotprohibited attorneys' byapplicable law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES . UnlessApplicableLawrequiresadifferentmethod,anynoticethatmustbegiventomeunderthisNotewill begivenbydeliveringitorbymailingitbyfirstclassmailtomeatthePropertyAddressaboveoratadifferent address ifI give theNoteHolder anotice ofmydifferentaddress. AnynoticethatmustbegiventotheNoteHolderunderthisNotewillbegivenbymailingitbyfirstclassmail totheNoteHolderattheaddressstatedinSection3(A)aboveoratadifferentaddressifIamgivenanoticeof thatdifferentaddress. 8. OBLIGATIONS OF PERSONSUNDER THIS NOTE IfmorethanonepersonsignsthisNote,eachpersonisfullyandpersonallyobligatedtokeepallofthepromises madeinthisNote,includingthepromisetopaythefullamountowed. Anypersonwhoisaguarantor,suretyor endorserofthisNoteisalsoobligatedtodothesethings. Anypemonwhotakesovertheseobligatioñs,including theobligalinnaofaguarantor,suretyorendorserofthisNote,isalsoobligatedtokeepallofthepromisesmade inthisNote. TheNoteHoldermayenforceitsrightsunderthisNoteagainsteachpersonindividuallyoragaiñst allofustogether. ThismeansthatanyoneofusmayberequiredtopayalloftheamountsowedunderthisNote. 9. WAIVERS IandanyotherpersonwhohasobligationsunderthisNotewaivetherightsofPresentmentandNoticeof Dishonor. "Preseñtmcat"meanstherighttorequiretheNoteHoldertodemandpaymentofamountsdue."Notice ofdishonor"meanstherighttorequiretheNoteHoldertogivenoticetootherpersonsthatamountsduehavenot beenpaid. 10.UNIFORM SECURED NOTE ThisNoteisaunifonninstnunentwithlimitedvariationsinsomejurisdictions.Inadditiontotheprotections giventotheNoteHolderunderthisNote,aMortgage,DeedofTrustorSecurityDeed(the"SecurityInstrument"), datedthesamedateasthisNote,protectstheNoteHolderfrompossiblelosseswhichmightresultifIdonotkeep thepromiseswhichImakeinthisNote. ThatSecurityInstrumentdescribeshowandunderwhatconditionsImay berequiredtomakeimmediatepaymentinfullofallamountsIoweunderthisNote. Someofthoseconditionsare describedasfollows: LendermayrequireimmediatepaymentinfullofallSumsSecuredbythisSecurityInstrumentifallor anypartoftheProperty,orifanyrightintheProperty,issoldortransferredwithoutI£nder'spriorwritten permission. IfBorrowerisnotanaturalpersonandabeneficialinterestinBorrowerissoldortransferred NEW YORK FIXED RATE NOTE - Single - FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT Family (Page 2 of 3) Fonn 3233 1/01 FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 withouthender'spriorwrittenperrnission,Lenderalsomayrequireimmediatepaymentinfull. However, -this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. IfLenderrequiresimmediatepaymentinfullunderthis Section18,Lenderwillgivemeanoticewhich statesthisrequirement. Thenoticewillgivemeatleast30daystomaketherequiredpayment.The30-day periodwillbeginonthedatethenoticeisgivetomeinthemannerrequiredbySection15ofthis Security Instmmêñt. IfIdonotmakethesquiredpaymentduringthatperiod,Lendermayacttoenforceitsrights under this Security Instrument without giving me any further notice or demañd for payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Lawrence Levn -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) Borrower -Borrower [Sign Original Only] Pa the r er of Y OTHE ORDEROP OR G 00 AU0N o se CHAS A A BY DA IT ARLIN/ASST. n fARUN/ASST SECRETARY 8ECRETARY DA NEW YORK FIXED RATE NOTE - Single Family- FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT (Page 3 of 3) Form 5233 1/01 FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 Loan # 1116120040 / Levner ALLONGE Without Recourse, Pay to the Order of: CitiMortgage, Inc. This endorsement relates to a certain Promissory Note ("Note") in the original principal sum of $2,011.83, which Note was dated July 18*, 2003, was made by Lawrence Levner and which was secured by a mortgage made on the same date on property commonly known as: 52 East End Avenue, Unit 14B, New York, New York 10028 3d Dated this day of January, 2007. JPMorgan Chase Bank, NA f/k/a JPMorgan Chase Bank f/k/a The Chase Manhattan Bank f/k/a Chemical Bank . Name: Kei ha Hudson Title: Assi nt Secretary Pay der of JPMORGAN SE BANK, N.A. Without e r e on us Cit e, Inc. Beverly Jones Assistant ¼ce Presideñt FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 ALLONGE TO NOTE CMI LOAN #: ALLONGE TO NOTE DATED: 7/18/2003 BORROWERS: LAWRENCE LEVNER PROPERTY ADDRESS: 52 EAST END AVENUE, UNIT 14-B, NEW YORK, NEW YORK 10028 LOAN AMOUNT: $2,011.83 PAY TO THE ORDER OF FIRST CHOICE BANK WITHOUT RECOURSE CITIMORTGAGE, INC. BY: NAME: LARRY BAUMANN . TITLE: VICE PRESIDENT FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 Loan # I Note Verification - Off Us Assignment Process Note Date: 7/18/2003 Is note Original: N If not original, does new lender except LNA: Y N Who approved: Endorsements: 1.) Assignor: ,JPMORGAN CHASE BANK, NA F/K/A ,JPMORGAN CHASE BANK F/K/A THE CHASE MANHATTAN BANK F/K/A CHEMICAL BANK Assignee: CIITMORTGAGE, INC. Endorsemen sllon Original: N 2.) Assignor: CITIMORTGAGE.*INC. Assignee: FIRSTALIOICE LOANSERVICES. INC. Endorsement/ Original: 62 N Verified by: Date: 4/28/2014 Accepted by: Date: FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 CONSOLIDATED NOTE This Note amends and restates in their entirety, and is given in substitution for, the Notes described in Exhibit A of the New tork Consolidation, Extension, and ModificationAgreement dated the same date as this Note. July 18, 2003 New York, New York 52 East End Avenue, Unit 14B, New York, New York 10028 1. BORROWER'S PROMISE TO PAY InreturnforaloanthatIhavereceived,1promisetopayU.S.$148,000.00(this amountis called"Principal"), plusinterest,totheorderoftheLender.TheLenderis JP Morgan Chase Bank. Iwillmakeallpaymentsunder this Note in the fonn of cash, check or money order. . IunderstandthatthelendermaytransferthisNote. TheLenderoranyonewhotakesthisNotebytransfer Holder." and who is entitled to receivepayments under this Note is called the "Note 2. INTEREST InterestwillbechargedonunpaidprincipaluntilthefullamountofPrincipalhasbeenpaid. Iwillpayinterest at a yearlyrate of 5.375%. TheinterestraterequiredbythisSection2istherateIwillpaybothbeforeandafteranydefaultdescribedin Section 6 (B) ofthis Note. 3. PAYMENTS (A) Time and Place of Paynients I will pay principal and interestbymaking payments everymonth. Iwillmakemymonthlypaymentonthefirstdayofeachmonthbeginningon September 1, 2003. Iwillmake thesepaymentseverymonthuntilIhavepaidalloftheprincipalandinterestandanyotherchargesdescribedbelow thatImayoweunderthisNote. Eachmonthlypaymeñtwillbeappliedasofitsscheduledduedateandwillbe applied tointerestbeforePrincipal. If,on August 1, 2033 I still owe amountsunderthisNote,Iwillpaythose Date." amounts in full on that date, whichis called the "Maturity Iwillmakemymonthlypayments at P.O. Box 78824, Phoenix,AZ 85062-8824 or atadifferentplaceifrequired by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofU.S.$828.76. 4. BORROWER'S RIGHT TO PREPAY Ihavetherighttomakepayments ofPrincipalatanytimebeforetheyaredue. ApaymentofPrincipalonly isknownasa"Prepayment."WhenImakeaPrepayment,IwilltelltheNoteHolderinwritingthatIamdoingso. ImaynotdesignateapaymentasaPrepaymentifIhavenotmadeallthemoñthlypaymentsdueundertheNote. ImaymakeafullPrepaymentorpartialPrepaymentswithoutpayinganyPrepaymentcharge. TheNoteHolder willusemyPrepaymentstoreducetheamountofPrincipalthatIoweunderthisNote. However,theNoteHolder mayapplymyPrepaymenttotheaccruedandunpaidinterestonthePrepaymentamount,beforeapplyingmy PrepaymenttoreducethePrincipalamountoftheNote. IfImakeapartialPrepayment,therewillbeno changes intheduedateorintheamountofmymonthlypaymentunlesstheNoteHolderagreesinwritingtothosechanges. NEW YORK FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3233 1/01 (page 1 of 3) FILED: NEW YORK COUNTY CLERK 11/30/2018 05:14 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/30/2018 5. LOANCHARGES Ifalaw,whichappliestothisloanandwhichsetsmaximumloancharges,isfinallyinterpretedsothatthe interestorotherloanchargescollectedortobecollectedinconnectionwiththisloanexceedthepermittedlimits, then:(a)anysuchloanchargeshallbereducedbytheamountnecessarytoreducethechargetothepermittedlimit; and(b)anysumsalreadycollectedfrommewhichexceededpermittedlimitswillberefundedtome. TheNote Holdermaychoose to makethisrefundbyreducingthe Principal I owe underthisNoteorbymakingadirect paymenttome. IfarefundreducesPrincipal,thereductionwillbetreatedasapartialPrepayment.