Preview
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
"A"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
FORBEARAlyCE AGREEMENT
THIS AGREEMENT entered intp on the YAday of April, 2017, by and between
BERFARTRE BANK, specessot by rMrge tô Fifät Choice Bank, a Mamíchuäetts banking
corporation with 3ts princilial oflice and placg of business at, 24)lotth (treet¡ Pinsfield,
'
Massachusetts 0Ï201 (llereinaiter referred to as erkshiré Bank")s and 10RTITA4A FAWEit and
MARK FAWER, !::dly!±:als residing at 52 East End Ayegue, Apartthent 12A NéE York,W
1002$ (hereinafter col ectively referited to ns $ we
WI T N E S S E TR
WEEEREAS, on or about June 2 2014, Berrower for yaluable cor1sideratioropeduled a
Consoli#ated Adjust=ble Rgte Note in the suni of $3,850,000.00 (hereináfter the "Consolidated
Note"), payable to)irst ChoicelBaniq and
'
S, as security for the payment oftite Cdâ:; ad Note, Melissa FaWer executed
C Gap"
Mortgage to¾irst chotee Bañk, dated June 25, 2014 and recorded dn July 17‡2014, in the .
Office liegistbt• sum of
of the City ëf thè4CitteÈNew York as 0RNNod0140002388083nk
UNB MILLION FFfYTHQIfSAND ONE HONDREDÈÈVENTWSIXAND 10/100 ÚOLIáARS
($1,050, 176 10) (hereinafter the "GapNortgage")‡and
WGÉREAs as further secuÑty for the Corec'ideed Note and thiabÚgstiére dfBptrdwàt,
We Melissa Pawer executed a Cø Exten lam and odisetiüü Agreement to first
Úg¼fi¼m
AhoiceBanig dated fune 25, 2014, and recorded on jtily 17, 2014, inte0niceofthe CityRegister
ot'
the City of New York as Cit N Noi 2014000238809, in the ed:-"f±d sum of THREE .
1
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
MILLION EÝGNT HUNDRED FIFTY THOUSAÑD AND Òû/1Ò0 DOLLARS ($3,850 000.00)
(hereinafter the "ComõUdstdl Mortgage"), Wlitch agt‡ckstat consolidated the following mortgages;
.
i. a Mortgsge given by Lawrence Levner dated May 15, 1989 in favor ef GÍtibank,
NA in the amount of $199,500.00 and recorded on 1une I6, 198à in Reel 158.9
Page 552. This Mortgage secures alfate dated May 15 1989. This Mortgage as
amigned NA to State $treet Bank and Truat Cômpany, as Trustee
by Citibaniq
dated fanuary 19, 199¼and feebrde Septembet7 1993 in Reel 2Ö05, Page 585.
ThKMortgage was further assigned fröm State Street Bank and Trust Conipany,
as Trustee to'Citibank, NA on Felharyl 19 4 and recorded March 23, 1994 in
Resi 2071, Page 1865.This; Wòrtgage was further assign from Cldcorp
Mortgag4Inc itomey in Fact for CitibaniqNA FKA FirsfNetidnäl City Bank
toflïemical Bank dated February 14, 19944nd tecorded March 23/1994 th lbileI
2071,)age 186NSuch Nottgage Was Ezteiided and Modified by Agreement
made by and between Lawrencis Levner and Chentical Bank dated March 14,
1994 arid recorded Manh 23, 1994 in$eel 2071, Page 1869;
ii. a Gap Mortgage given b 15ttence Levner4ated July 18, 2003 in favôr of .
JPMofgan Chase Bank in the amount#$2,0ll.83 and recorded en October 10,
20034CRElff003-0004-f9156 This Gap MWtgage seedres a Note dated July
1 2063 his Mortgage was consolidated ith ) above by Way of a CEMA
antqd)üly 18,5003 and recorded Octáber 10 2003 â CRFN 2063-00Ó4:19157 to
fmn sing16 lien iñ the am unt of $148,000.00. This CEMA secured a
Consolidated Noteedated
July 18 2003. Mbnga¼es†t d N), as consolideted,
were assigned from JPMofgatchase Bani4 NA FKA JPMorgan Chase Bank
PKA the Chase Manhàltan Bank FKAshemical Bank tovitenortgáge, Ine
dated Janunty3,2007 and reàorded March 22, 2007 as C tFN20076000140891;
iii. . a Mortgage given by Nelissa Fawerdated March 4, 2ó03 in f5vor of JPMorgan
Chase Bahk in the amount of Sl,ÖÓQ,000.00 ând recarded en hily 23, 2003 as
ÙRÈN Ž003-000242260Ahis Märeguge secure aNotë däted1Warch4J003
iv. a Gap Mottgage given by Melissa Fawer dated August 28, 2003 in favor of
JPMargsã Chage BanIt in the jkmáunt öf t04,40846 and recorded on Déember
18 2003 as CitFN 2003 0003-16007 This Gap Mortgage secures a Nöfe dated
August 28, 2003. This Mortgage was consolidated with (3) abõve by way of a
CEMA dated August 28, 2003 and recorded December 18, 2003 as CRFN 2003
0005-16008 to form a single ílen in thesamount of $1,100,000.00. This CEMA
secured a Consolidated NWre fated August 28, 2003rMortggges (111) and (iv), as
consolidatedr were assigned from JPMorgan Chase BarikiÑA FKA JPMorgan
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
Chase Bank to Chimortgage, Inc. dated January 2 200hnd recorded March 22,
2007 as CRFN 2007-0001-50893;
v. a Mdrtgsgeyven by Mgrk fawer an(I Melissa Tawgedated April 14, 2005 in
faybre JPMorgan Ch in the amount éf $800,000.00 and redorded
on May 3, 1005 as di(EN 0âà- 002+56424. Tliis 1Wortgage secures4 Note dated
Atkit14,3005. This Mortgage was assigned by JP.Moigan Chase Bank, NA to
Cihydgage, bre. datedladeaty 2, 200'i and scerded Match 22, 2067 as ÒW
2007-0001-50892;
vi. a Mortgage given by Melissa . Fawer datgd March 6, 2007 in favor of
Cit!=ortgage, Inc. in the amount of $821,840.18 and recorded on March 22, 2007
as CRFN 2007-0001-50894. This Mortgage secures a Note dated March 6, 2007.
This Mortgage was consolidated by way of a Spreader CEMA by and between
Mark S. Fawer and MelissaFawer and Citimortgage, Inc. dated March 6, 2007
and recorded March 22, 2007 as CRFN 2007-000150895. to torm a single lien.in
the amount of $f,800,000.00. Such Spreader CElviA consolidates mortgages (i)
through (vl). These inortgages were assigned to First Choice Bank (MERS as
nominee) by Assigriment of Mortgage and recorded herewith;
viia by Melha Fawer and 45, 2014 in Ayor of Eirst
Chel (1 ŠRS¼s Noñíinee} seburing principal amount ofUA
$1 30 630 and reâorded ph Julyl Ÿ3Ô14 as C11FN 20$4Ae6238508.
ilic Mô(ts äs (1) through (yli) are nqW hereby.consoliddt d, éxtended and tñüd:fied
to fgym a new single lien in thewni of 4850 000.00;
and
WEEREA$, the Co±c!! Martgagebecame ist mortgage lien upoti premises
known as $ EasEEnd Avenue, Apshient 12A, New Ÿork, 10028 (Bor6ugh of MEMtfd,
Block 1578 Loy1023 and Block 1378, Lof1Òi5)¾i"defthe "Mó? pged Preinises"); and
WHEREAkas additional security;Boñower pledged a casifreservraccount in theoriginal
principal sunt of TWO EÜNDRED THOUSAND AND 00hÔ0 DOLLAR5 ($200,000.00)
(herein e Cash Reserve Account"), which sum was to remain on reserve until the Ced¾EMed
Note and Mertgage were paid in full paragant to a lhtter dated.Iu1ýS1, 2014; and
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
WREREAS, on or about March l4, 2015, First Choice Banic and Borrower agreed to a
inadificaficr. of the terms relating to the Cash Reserve Account, specifica"ý that the account would
be reviewéd on a semiannual basis tu dem!ne a releäse of the Cash Reserve Accourit ef an
amount·equd to the amortizatiún bf the f ägifad
on or ábóut March 24, 2015, the sum of $34$12.18éwas released from the
WHERRASp
Cash Reser¼e Accðunt änd páid totthe Borrower; and
WHEREAS, on or about Jult 14, 2016, Berr#Wer was dapnquant in pâÿi:íent ofthe une 1,
2016 and hly I, 2016, inortgagepayments; Borrower requested and received asitidrayadkom the
Cash Reservé Account in, the sum of $48,816 2, which surn was applied t6 the delinquent
-
payments due foëJune 1, 201¾and July 42016pand
WHENBAS,¾erewer agreêd to reimburse the Cash ReserveAccountonorbeforeAugust
, iÔ16; however, Borfôwer ited to n'mhyr:‡ the Cash Reserve AècounMin the sum of
$48,81A42; and
WHEREAS ón or about Decenib6r 4, 2016, First Choice Banic merged into Berkshire
BanIánd idnegforth operatednB rkshidBank and
WHERÉAS the C½é!! lote and Coasøliatëd Mörtgage 0íereinaker the 'tpan") are
in default; and
WHERE$8, on or about½rch 9, 2017¼Berkshire Bank dgmanded the payment, liffti@ by
Viftite of ENefice ofAcceleratiottletter; and
WHEREAS, Boñúww has failed and refused to pay the atnount delnanded; and
WHERRASitheloan continues in default and the Bh±oWW has failed to make ppýments
of principsh interest, è¾ed és and late charges in full and there remains due the sums outlined
4..
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
herein, plus reasonable attórney's fees, costs and disbureemeaA all in acce±dance with the tenns of
the Cònsolidated Note and Obsùl'd:±o Mortgagerand
WHEREAS, the BG wcr hasiequested that Berkshire Bank agree to forbear legal action,
upon the fe!!e=dng terms and conditions;
NÖW THEREFORE, in consideration of one dollar ($1 OD) and other good and valuable
c^n d Mtien receipt of Which is acknowledged by the parties and for the purpose of inducing
Berkshire Bank to forbear legal4tion
ITe MOTÚALLY AGREED A$ FOliOWS;
L Borrow9r acknowledges arei agrees thatthe Lõan is in default.
1 Borrower hereby kpecifically acknowledges and agrees that they have no valid
defeme, setof or ccurittrolaim fo the default in paýment 6n Loan. and that they haye no valid
defensedsetoff or couiitere!àim to any future mortgage fordolosure action by Berkshire Bank,
regardirtg the default in payment referenced herein;
onee acknowledges and agrees thatthe amount due on theloan is as setaforth
"1"
on Exi it attachedhereto gad madeipprt hereof
4. With respect to the Wash Iteserve Accourit, Berkshire Banfi and orrower
acknowledge and agree as follows;
i. .the currentäàlance áf the Cash Reserve Account 1s4118,254 7
11. the sum of 96, will
$21J27 be immediately releasèd to .Borrower and
applied to the defing"ant monthly payments due en the Loá for lanuary 1,
2017Jebruary 1, 2017 andhrõh 1, 2017 ("Released Sust");
iii. the balance,cafter payment of the Rè!èaáëéSurñi wUI be $4526.11 pCash
Reserve Balarice");
iv. the dash Reserve Balance eall remain in the Cash Reserve Account until
maturlty of the Loan or payment}ln full of theioan,
5
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
5. Borrower agrees as follows;
1, to pay the April 1, 201% nfonth ue on the Loan in the sum of
123309.32 en or before 017;
ii. to pay the MWy 1, 20 t7, 44"l'; paymen ue on the Loan in the sum of
$23,909ü32, on dr before May 2$e2017,
6. Borrower agéees and shall pí·ovide¾efolining on of before April 30, 20175
i. proof of paym4nt ef 611 condé=k!ue association fees/dues/assessments
through May 25, 2017;
11, copy of yearèiid Earnings Sistement and Form 1099 or paystubs for
period(s) ènding I2/317ž011and1241/2016.
7. Berrowa- pgh-!¼dges and agrees tliat the cetesñdir.g late chârges due on the
Loan in thqsum of$9,I87.73 (throúgi Aprl 2011) are oùtstanding and unpaid, I;ut will remain due
and payable. Upon payoff in full óf the Loan, Bericshire Banignay reevaluate the late
outstanding
sharges due ànd inay considerheget ka of a lesser amount to be‡aid.
sttðrngps'
8. Borrpwer acimowledges and agrees that fees incurred by Bedeshire BA
for the preparauca of this.Agreement is tlinum of $2,424.50, which Borrower gehe=kdges.as
cutg=d!ts and unpaid, but shitil remairt due alid paigble,
"5" 66"
92 Upon fulfillment of the terms and cêridinans outilned in Paragraphs and
abowby the Bostower, the town will be considered reinstäted by Berkshire Bank.
10.. All other terms eteditkW rights and áh gadons of the parties outlined in the
doeso!!deed Note and CCz!!dated Mortgage, not inc ? with se prwistora of this
Forbearance Agreement, shall be aco-porated herein by feference and shall renïáin in full force and
effect.
IL That, In the event ofa default in paymerst of any ir4ájj$ønt due or other term and
canditica of this Ag of and/or the &á±±!!Mted Note and Censendated *.":‡gage, Berkshire
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
Bank shall retain any inonies paid to it and shallietain its rights to pursue any and all of its 5gal and
equitable te=tedie¼ rights and actions, against the acabwèr and this Agreenient or Ce±:'liud
Note and/or Consolidated Mortgages
12. This Agreetnetit may be executed in two oiinore counterparts, each of phich shall
be an originahand all otwhiðh igheri taken together, $hall cutistituteene irdr ent.
13, TIlWE150E THE ESSENCE $fRELATIÓÑ TO EACH DATE, DEADLiNE,
CONDnION AND PROlvRS$ CONTADGED BEREIN.
IN WITNE$SMBENEOF the fatties have duly mouted Agreenient as of the Jay
and yeat first é6ve t/rittent
BB$KSHIEtÉBANIE As suc6essor by
merger to First Chôice Bank
Ma Öntolhió,h ViddPrésident
Conihietoisl Loan Wofkout
Melissa Fàwer Mark Fawer
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
&-
STATE OF NEW YORK )
COUNTY QF NEW YORK ) as:
On this
____day at April, 20M,¼efore me the.undersigned,¾notary püblic in and for said stäte,
personally appeared Melissâ PaweQesqp y known tg me or proved td me 01ï the begis of sàtisfactory
idancp to th6 indifial whose name3s subscribed to the within instrumerit and¾óé.ä wipdged to me
that he executed thesameñ his capacity and that by his eignärure on tEe irath:mont&esidividual(s) or
the personen behalf of Whielithe indivi±åal(ä) acted, execatèd the instrunieiit.
NotalyPüblic ,
STATE OF NEW YbRK )
COUNTY OF NSW YdBk as-
On ___ sy 6f April, 2017, before me the undersigned, a nota1yyublic id and for said state
pe-sagailgappearedMark Eawer personally known t me or proved to ine en thë basis ef satisfactorf
W
evidence to the individual
whose name is subscribe& to the within instmment and acknowledged toirie
he executedthesseine in his capacity ànd that by his goalgre on the inc±::nt, the iff4Mid(s) of
the person on behalf of which the4nnidual(s acted, exeçuted the instrdtrient.
otary Pdblic
STATE OF NEW YORK )
COllNTT OF UNONDAGA ) ast
OfficerofBelishhe$anic.
On the d ý of April, in the yeaty0
laiown me pr proved to
t, before mo2the ùndei'sigliekpersonally
me on the basitof
-ppcgd,
evidence
Ñfark
be A
Omblhïo, personellÿ to sãtidotory fo
indïvidual(s) whose name(s) is (are) isubscribed to the withihMustnúñent and iniswipaggsd to mey that
he/she/thé y ééoutéd the same in W/$2 capacity(ies), end that by hichd±:¼ signature(s)An the
instrument the indhidwats), or the person upon beheif áf which the lividasl(s) acted, exec t d the
instrutnent,
P g
otary Public
No 5
Qual
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
Banic shall retain any mònies paid to it and shäll retain its rights to pursue any and all of its legal and
equitable remedi=, rights and actions, against the Borrower and this Agreenientar Consolidated
Note and/or Consolidated Mortgage.
11 Ties Agéeme:it may be executed fritwo or more counterparts, each of which sháII
be an original and all ofwhich when taken together, shall constitute one lestnintent.
13. TEWEIS OF TH E ES$ENCE It RELATIONTOEACH DATE , DEADLINE,
CONDITIONAND PROMI SE CONTAIN2D HEREIN.
IN WITNE SS WHERE0F, the parties liave duly executed this Agreemerit as of the day
and year first above written.
. BERKSHIRESANK as succ¾sor by
merger to First thoice Bank
Mark Otnolino, Assi Vice President
CommercialLoan Workotft
lWelissa Fawer MarkEawer
7
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
;
STATE OF NEW-¥48K XC )
COUNTY OF NEW-YeMt ) as:
On this day of Apdi, 20i7, befors me, the unidersignedca notary public in and tor said state,
peq0ng!!ÿ äppeated Melissa Fawer, personally known to me or proyed to me on the basis of satisectory
evidence to the individual¼hose natne is subscribed to the within inetturned arid acknówledged to me
that he executed the seme in his capacity and that by his signature ottthe instrument the ..div d e( ) or
the person on behalf of which the indiviidual(s) acted, uted the instruñtént.
. . A
STÂ1E ÖF NtWirTOR1t D&)
COUNTY OF NEWt6Rft ) as:
On day of April, 20 W, bèfore me, the üñd;:angned, a notary jn‡e4cinWd for s
personally a ,,e=.. Maric Fawer, personally knOwn to me or proved to me on the basisyf sati ,
evidence t6 e individual whose ñame is subscri to thesithin insttüment and actmowledged to
that h Wecoted the same in his capaofty and by h algnature on the instrument, the individual(s) gr
the person on behalfof which the iridividual(s) ed, ex uted thejastñ:±WL
.
. )d $f tt
D(ahict
STATBOF NEW YORK )
COUNTY OF ONONDAGA - ast W
)
On the day ofspri in the yearnli, befere tud, the undersigned përsonaHy app
amp ne, pérsonally known to me or proved to me on the basis of sátidaåý evidence to be e
individual(s) whose rlame(s) is (ate) .subscribed to #ze withht instrumetit and àcknowledged to me that
he/she/they executed the sañ e is his/het/theiBcapacity(fes), and tist by '+*; !r signatute(s) on the
inèument, the individual(s), or the person upon behalf of which the !ñdividi¡e(s) at:ted, executed the
instrument.
Notey Public
8
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021
EXBIBIT al"
Borrower: Melissa Fawer and Mark Fawer
Lenders Berkshire Bank as successor bylnerger to First Choice Bank
Loan Noa
Date of C±±±!i±f ± June 25 2014
ed NYörtgaga Arnount:
$3,856,QQÖ$Ö
ast Paymendfade:
b comber 1, 2016
Defatit Du£Dater
Jáuey 2017
Arrears Due 61/01/17+04/01/17:
$9$jfA28
Priñcipal blance Due as 6f 2/0166: %3p01,45k65
Late Charps Due as ofApril, @N: $9,197.73
Auorne a Fees spreperstion of
Forbearance Agreement $2,42¼50
Preview
FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 "A" EXHIBIT FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 FORBEARAlyCE AGREEMENT THIS AGREEMENT entered intp on the YAday of April, 2017, by and between BERFARTRE BANK, specessot by rMrge tô Fifät Choice Bank, a Mamíchuäetts banking corporation with 3ts princilial oflice and placg of business at, 24)lotth (treet¡ Pinsfield, ' Massachusetts 0Ï201 (llereinaiter referred to as erkshiré Bank")s and 10RTITA4A FAWEit and MARK FAWER, !::dly!±:als residing at 52 East End Ayegue, Apartthent 12A NéE York,W 1002$ (hereinafter col ectively referited to ns $ we WI T N E S S E TR WEEEREAS, on or about June 2 2014, Berrower for yaluable cor1sideratioropeduled a Consoli#ated Adjust=ble Rgte Note in the suni of $3,850,000.00 (hereináfter the "Consolidated Note"), payable to)irst ChoicelBaniq and ' S, as security for the payment oftite Cdâ:; ad Note, Melissa FaWer executed C Gap" Mortgage to¾irst chotee Bañk, dated June 25, 2014 and recorded dn July 17‡2014, in the . Office liegistbt• sum of of the City ëf thè4CitteÈNew York as 0RNNod0140002388083nk UNB MILLION FFfYTHQIfSAND ONE HONDREDÈÈVENTWSIXAND 10/100 ÚOLIáARS ($1,050, 176 10) (hereinafter the "GapNortgage")‡and WGÉREAs as further secuÑty for the Corec'ideed Note and thiabÚgstiére dfBptrdwàt, We Melissa Pawer executed a Cø Exten lam and odisetiüü Agreement to first Úg¼fi¼m AhoiceBanig dated fune 25, 2014, and recorded on jtily 17, 2014, inte0niceofthe CityRegister ot' the City of New York as Cit N Noi 2014000238809, in the ed:-"f±d sum of THREE . 1 FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 MILLION EÝGNT HUNDRED FIFTY THOUSAÑD AND Òû/1Ò0 DOLLARS ($3,850 000.00) (hereinafter the "ComõUdstdl Mortgage"), Wlitch agt‡ckstat consolidated the following mortgages; . i. a Mortgsge given by Lawrence Levner dated May 15, 1989 in favor ef GÍtibank, NA in the amount of $199,500.00 and recorded on 1une I6, 198à in Reel 158.9 Page 552. This Mortgage secures alfate dated May 15 1989. This Mortgage as amigned NA to State $treet Bank and Truat Cômpany, as Trustee by Citibaniq dated fanuary 19, 199¼and feebrde Septembet7 1993 in Reel 2Ö05, Page 585. ThKMortgage was further assigned fröm State Street Bank and Trust Conipany, as Trustee to'Citibank, NA on Felharyl 19 4 and recorded March 23, 1994 in Resi 2071, Page 1865.This; Wòrtgage was further assign from Cldcorp Mortgag4Inc itomey in Fact for CitibaniqNA FKA FirsfNetidnäl City Bank toflïemical Bank dated February 14, 19944nd tecorded March 23/1994 th lbileI 2071,)age 186NSuch Nottgage Was Ezteiided and Modified by Agreement made by and between Lawrencis Levner and Chentical Bank dated March 14, 1994 arid recorded Manh 23, 1994 in$eel 2071, Page 1869; ii. a Gap Mortgage given b 15ttence Levner4ated July 18, 2003 in favôr of . JPMofgan Chase Bank in the amount#$2,0ll.83 and recorded en October 10, 20034CRElff003-0004-f9156 This Gap MWtgage seedres a Note dated July 1 2063 his Mortgage was consolidated ith ) above by Way of a CEMA antqd)üly 18,5003 and recorded Octáber 10 2003 â CRFN 2063-00Ó4:19157 to fmn sing16 lien iñ the am unt of $148,000.00. This CEMA secured a Consolidated Noteedated July 18 2003. Mbnga¼es†t d N), as consolideted, were assigned from JPMofgatchase Bani4 NA FKA JPMorgan Chase Bank PKA the Chase Manhàltan Bank FKAshemical Bank tovitenortgáge, Ine dated Janunty3,2007 and reàorded March 22, 2007 as C tFN20076000140891; iii. . a Mortgage given by Nelissa Fawerdated March 4, 2ó03 in f5vor of JPMorgan Chase Bahk in the amount of Sl,ÖÓQ,000.00 ând recarded en hily 23, 2003 as ÙRÈN Ž003-000242260Ahis Märeguge secure aNotë däted1Warch4J003 iv. a Gap Mottgage given by Melissa Fawer dated August 28, 2003 in favor of JPMargsã Chage BanIt in the jkmáunt öf t04,40846 and recorded on Déember 18 2003 as CitFN 2003 0003-16007 This Gap Mortgage secures a Nöfe dated August 28, 2003. This Mortgage was consolidated with (3) abõve by way of a CEMA dated August 28, 2003 and recorded December 18, 2003 as CRFN 2003 0005-16008 to form a single ílen in thesamount of $1,100,000.00. This CEMA secured a Consolidated NWre fated August 28, 2003rMortggges (111) and (iv), as consolidatedr were assigned from JPMorgan Chase BarikiÑA FKA JPMorgan FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 Chase Bank to Chimortgage, Inc. dated January 2 200hnd recorded March 22, 2007 as CRFN 2007-0001-50893; v. a Mdrtgsgeyven by Mgrk fawer an(I Melissa Tawgedated April 14, 2005 in faybre JPMorgan Ch in the amount éf $800,000.00 and redorded on May 3, 1005 as di(EN 0âà- 002+56424. Tliis 1Wortgage secures4 Note dated Atkit14,3005. This Mortgage was assigned by JP.Moigan Chase Bank, NA to Cihydgage, bre. datedladeaty 2, 200'i and scerded Match 22, 2067 as ÒW 2007-0001-50892; vi. a Mortgage given by Melissa . Fawer datgd March 6, 2007 in favor of Cit!=ortgage, Inc. in the amount of $821,840.18 and recorded on March 22, 2007 as CRFN 2007-0001-50894. This Mortgage secures a Note dated March 6, 2007. This Mortgage was consolidated by way of a Spreader CEMA by and between Mark S. Fawer and MelissaFawer and Citimortgage, Inc. dated March 6, 2007 and recorded March 22, 2007 as CRFN 2007-000150895. to torm a single lien.in the amount of $f,800,000.00. Such Spreader CElviA consolidates mortgages (i) through (vl). These inortgages were assigned to First Choice Bank (MERS as nominee) by Assigriment of Mortgage and recorded herewith; viia by Melha Fawer and 45, 2014 in Ayor of Eirst Chel (1 ŠRS¼s Noñíinee} seburing principal amount ofUA $1 30 630 and reâorded ph Julyl Ÿ3Ô14 as C11FN 20$4Ae6238508. ilic Mô(ts äs (1) through (yli) are nqW hereby.consoliddt d, éxtended and tñüd:fied to fgym a new single lien in thewni of 4850 000.00; and WEEREA$, the Co±c!! Martgagebecame ist mortgage lien upoti premises known as $ EasEEnd Avenue, Apshient 12A, New Ÿork, 10028 (Bor6ugh of MEMtfd, Block 1578 Loy1023 and Block 1378, Lof1Òi5)¾i"defthe "Mó? pged Preinises"); and WHEREAkas additional security;Boñower pledged a casifreservraccount in theoriginal principal sunt of TWO EÜNDRED THOUSAND AND 00hÔ0 DOLLAR5 ($200,000.00) (herein e Cash Reserve Account"), which sum was to remain on reserve until the Ced¾EMed Note and Mertgage were paid in full paragant to a lhtter dated.Iu1ýS1, 2014; and FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 WREREAS, on or about March l4, 2015, First Choice Banic and Borrower agreed to a inadificaficr. of the terms relating to the Cash Reserve Account, specifica"ý that the account would be reviewéd on a semiannual basis tu dem!ne a releäse of the Cash Reserve Accourit ef an amount·equd to the amortizatiún bf the f ägifad on or ábóut March 24, 2015, the sum of $34$12.18éwas released from the WHERRASp Cash Reser¼e Accðunt änd páid totthe Borrower; and WHEREAS, on or about Jult 14, 2016, Berr#Wer was dapnquant in pâÿi:íent ofthe une 1, 2016 and hly I, 2016, inortgagepayments; Borrower requested and received asitidrayadkom the Cash Reservé Account in, the sum of $48,816 2, which surn was applied t6 the delinquent - payments due foëJune 1, 201¾and July 42016pand WHENBAS,¾erewer agreêd to reimburse the Cash ReserveAccountonorbeforeAugust , iÔ16; however, Borfôwer ited to n'mhyr:‡ the Cash Reserve AècounMin the sum of $48,81A42; and WHEREAS ón or about Decenib6r 4, 2016, First Choice Banic merged into Berkshire BanIánd idnegforth operatednB rkshidBank and WHERÉAS the C½é!! lote and Coasøliatëd Mörtgage 0íereinaker the 'tpan") are in default; and WHERE$8, on or about½rch 9, 2017¼Berkshire Bank dgmanded the payment, liffti@ by Viftite of ENefice ofAcceleratiottletter; and WHEREAS, Boñúww has failed and refused to pay the atnount delnanded; and WHERRASitheloan continues in default and the Bh±oWW has failed to make ppýments of principsh interest, è¾ed és and late charges in full and there remains due the sums outlined 4.. FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 herein, plus reasonable attórney's fees, costs and disbureemeaA all in acce±dance with the tenns of the Cònsolidated Note and Obsùl'd:±o Mortgagerand WHEREAS, the BG wcr hasiequested that Berkshire Bank agree to forbear legal action, upon the fe!!e=dng terms and conditions; NÖW THEREFORE, in consideration of one dollar ($1 OD) and other good and valuable c^n d Mtien receipt of Which is acknowledged by the parties and for the purpose of inducing Berkshire Bank to forbear legal4tion ITe MOTÚALLY AGREED A$ FOliOWS; L Borrow9r acknowledges arei agrees thatthe Lõan is in default. 1 Borrower hereby kpecifically acknowledges and agrees that they have no valid defeme, setof or ccurittrolaim fo the default in paýment 6n Loan. and that they haye no valid defensedsetoff or couiitere!àim to any future mortgage fordolosure action by Berkshire Bank, regardirtg the default in payment referenced herein; onee acknowledges and agrees thatthe amount due on theloan is as setaforth "1" on Exi it attachedhereto gad madeipprt hereof 4. With respect to the Wash Iteserve Accourit, Berkshire Banfi and orrower acknowledge and agree as follows; i. .the currentäàlance áf the Cash Reserve Account 1s4118,254 7 11. the sum of 96, will $21J27 be immediately releasèd to .Borrower and applied to the defing"ant monthly payments due en the Loá for lanuary 1, 2017Jebruary 1, 2017 andhrõh 1, 2017 ("Released Sust"); iii. the balance,cafter payment of the Rè!èaáëéSurñi wUI be $4526.11 pCash Reserve Balarice"); iv. the dash Reserve Balance eall remain in the Cash Reserve Account until maturlty of the Loan or payment}ln full of theioan, 5 FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 5. Borrower agrees as follows; 1, to pay the April 1, 201% nfonth ue on the Loan in the sum of 123309.32 en or before 017; ii. to pay the MWy 1, 20 t7, 44"l'; paymen ue on the Loan in the sum of $23,909ü32, on dr before May 2$e2017, 6. Borrower agéees and shall pí·ovide¾efolining on of before April 30, 20175 i. proof of paym4nt ef 611 condé=k!ue association fees/dues/assessments through May 25, 2017; 11, copy of yearèiid Earnings Sistement and Form 1099 or paystubs for period(s) ènding I2/317ž011and1241/2016. 7. Berrowa- pgh-!¼dges and agrees tliat the cetesñdir.g late chârges due on the Loan in thqsum of$9,I87.73 (throúgi Aprl 2011) are oùtstanding and unpaid, I;ut will remain due and payable. Upon payoff in full óf the Loan, Bericshire Banignay reevaluate the late outstanding sharges due ànd inay considerheget ka of a lesser amount to be‡aid. sttðrngps' 8. Borrpwer acimowledges and agrees that fees incurred by Bedeshire BA for the preparauca of this.Agreement is tlinum of $2,424.50, which Borrower gehe=kdges.as cutg=d!ts and unpaid, but shitil remairt due alid paigble, "5" 66" 92 Upon fulfillment of the terms and cêridinans outilned in Paragraphs and abowby the Bostower, the town will be considered reinstäted by Berkshire Bank. 10.. All other terms eteditkW rights and áh gadons of the parties outlined in the doeso!!deed Note and CCz!!dated Mortgage, not inc ? with se prwistora of this Forbearance Agreement, shall be aco-porated herein by feference and shall renïáin in full force and effect. IL That, In the event ofa default in paymerst of any ir4ájj$ønt due or other term and canditica of this Ag of and/or the &á±±!!Mted Note and Censendated *.":‡gage, Berkshire FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 Bank shall retain any inonies paid to it and shallietain its rights to pursue any and all of its 5gal and equitable te=tedie¼ rights and actions, against the acabwèr and this Agreenient or Ce±:'liud Note and/or Consolidated Mortgages 12. This Agreetnetit may be executed in two oiinore counterparts, each of phich shall be an originahand all otwhiðh igheri taken together, $hall cutistituteene irdr ent. 13, TIlWE150E THE ESSENCE $fRELATIÓÑ TO EACH DATE, DEADLiNE, CONDnION AND PROlvRS$ CONTADGED BEREIN. IN WITNE$SMBENEOF the fatties have duly mouted Agreenient as of the Jay and yeat first é6ve t/rittent BB$KSHIEtÉBANIE As suc6essor by merger to First Chôice Bank Ma Öntolhió,h ViddPrésident Conihietoisl Loan Wofkout Melissa Fàwer Mark Fawer FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 &- STATE OF NEW YORK ) COUNTY QF NEW YORK ) as: On this ____day at April, 20M,¼efore me the.undersigned,¾notary püblic in and for said stäte, personally appeared Melissâ PaweQesqp y known tg me or proved td me 01ï the begis of sàtisfactory idancp to th6 indifial whose name3s subscribed to the within instrumerit and¾óé.ä wipdged to me that he executed thesameñ his capacity and that by his eignärure on tEe irath:mont&esidividual(s) or the personen behalf of Whielithe indivi±åal(ä) acted, execatèd the instrunieiit. NotalyPüblic , STATE OF NEW YbRK ) COUNTY OF NSW YdBk as- On ___ sy 6f April, 2017, before me the undersigned, a nota1yyublic id and for said state pe-sagailgappearedMark Eawer personally known t me or proved to ine en thë basis ef satisfactorf W evidence to the individual whose name is subscribe& to the within instmment and acknowledged toirie he executedthesseine in his capacity ànd that by his goalgre on the inc±::nt, the iff4Mid(s) of the person on behalf of which the4nnidual(s acted, exeçuted the instrdtrient. otary Pdblic STATE OF NEW YORK ) COllNTT OF UNONDAGA ) ast OfficerofBelishhe$anic. On the d ý of April, in the yeaty0 laiown me pr proved to t, before mo2the ùndei'sigliekpersonally me on the basitof -ppcgd, evidence Ñfark be A Omblhïo, personellÿ to sãtidotory fo indïvidual(s) whose name(s) is (are) isubscribed to the withihMustnúñent and iniswipaggsd to mey that he/she/thé y ééoutéd the same in W/$2 capacity(ies), end that by hichd±:¼ signature(s)An the instrument the indhidwats), or the person upon beheif áf which the lividasl(s) acted, exec t d the instrutnent, P g otary Public No 5 Qual FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 Banic shall retain any mònies paid to it and shäll retain its rights to pursue any and all of its legal and equitable remedi=, rights and actions, against the Borrower and this Agreenientar Consolidated Note and/or Consolidated Mortgage. 11 Ties Agéeme:it may be executed fritwo or more counterparts, each of which sháII be an original and all ofwhich when taken together, shall constitute one lestnintent. 13. TEWEIS OF TH E ES$ENCE It RELATIONTOEACH DATE , DEADLINE, CONDITIONAND PROMI SE CONTAIN2D HEREIN. IN WITNE SS WHERE0F, the parties liave duly executed this Agreemerit as of the day and year first above written. . BERKSHIRESANK as succ¾sor by merger to First thoice Bank Mark Otnolino, Assi Vice President CommercialLoan Workotft lWelissa Fawer MarkEawer 7 FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 ; STATE OF NEW-¥48K XC ) COUNTY OF NEW-YeMt ) as: On this day of Apdi, 20i7, befors me, the unidersignedca notary public in and tor said state, peq0ng!!ÿ äppeated Melissa Fawer, personally known to me or proyed to me on the basis of satisectory evidence to the individual¼hose natne is subscribed to the within inetturned arid acknówledged to me that he executed the seme in his capacity and that by his signature ottthe instrument the ..div d e( ) or the person on behalf of which the indiviidual(s) acted, uted the instruñtént. . . A STÂ1E ÖF NtWirTOR1t D&) COUNTY OF NEWt6Rft ) as: On day of April, 20 W, bèfore me, the üñd;:angned, a notary jn‡e4cinWd for s personally a ,,e=.. Maric Fawer, personally knOwn to me or proved to me on the basisyf sati , evidence t6 e individual whose ñame is subscri to thesithin insttüment and actmowledged to that h Wecoted the same in his capaofty and by h algnature on the instrument, the individual(s) gr the person on behalfof which the iridividual(s) ed, ex uted thejastñ:±WL . . )d $f tt D(ahict STATBOF NEW YORK ) COUNTY OF ONONDAGA - ast W ) On the day ofspri in the yearnli, befere tud, the undersigned përsonaHy app amp ne, pérsonally known to me or proved to me on the basis of sátidaåý evidence to be e individual(s) whose rlame(s) is (ate) .subscribed to #ze withht instrumetit and àcknowledged to me that he/she/they executed the sañ e is his/het/theiBcapacity(fes), and tist by '+*; !r signatute(s) on the inèument, the individual(s), or the person upon behalf of which the !ñdividi¡e(s) at:ted, executed the instrument. Notey Public 8 FILED: NEW YORK COUNTY CLERK 09/07/2021 04:40 PM INDEX NO. 850250/2017 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 09/07/2021 EXBIBIT al" Borrower: Melissa Fawer and Mark Fawer Lenders Berkshire Bank as successor bylnerger to First Choice Bank Loan Noa Date of C±±±!i±f ± June 25 2014 ed NYörtgaga Arnount: $3,856,QQÖ$Ö ast Paymendfade: b comber 1, 2016 Defatit Du£Dater Jáuey 2017 Arrears Due 61/01/17+04/01/17: $9$jfA28 Priñcipal blance Due as 6f 2/0166: %3p01,45k65 Late Charps Due as ofApril, @N: $9,197.73 Auorne a Fees spreperstion of Forbearance Agreement $2,42¼50