On March 13, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Morgan Stanley Mortgage Loan Trust 2006-6Ar, Mortgage Pass-Through Certificates, Series 2006-6Ar, U.S. Bank National Association, As Trustee Successor In Interest To Bank Of America, National Association, As Trustee, Successor By Merger To Lasalle Bank
National Association, As Trustee,
and
And John Doe And Mary Doe,,
Citibank,
Clerk Of The Suffolk County Traffic And Parking Violations Agency,
Dcfs Trust,
Ford Motor Credit Company, D.B.A Mazda America Credit,
Mary Doe,
Meenan Oil Co. Inc.,
New York State Department Of Taxation And Finance,
Roger Schlegel,
Romanelli And Son Home Heating,
The Bank Of New York Mellon Fka The Bank Of New York, As Successor Trustee To Jpmorgan Chase Bank, N.A., As Trustee On Behalf Of The Certificateholders Of The Cwheq Inc., Cwheq Revolving Home Equity Loan Trust, Series 2006-C,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
Exhibit B
Note
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
LOAN NO.
INTEREST ONLY ADJUSTABLE RATE NOTE
( ONE YEAR LIBOR Index (As Published inThe Wall Street Journal)- Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST
RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
JANUARY 06 , 2 006 WEST BABYLON NEW YORK
(Date) (City) (State)
6 FLEETS POINT DRIVE, WEST BABYLON, NY 11704
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 560, 000. 00 (this amount is
called "Principal"), plus interest, to the order of Lender. Lender is ANNET MORTGAGE IN LIEU OF
TRUE CORPORATE NAME AMERICAN MORTGAGE NETWORK, INC .
I will make all payments under this Notein the form of cash, check or money order.
I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer
Holder."
and who is entitled to receive payments under this Note is called the "Note
2, INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will
pay interest at a yearly rate of 6 .125 %. The interest rate I will pay may change in accordance
with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both
before and after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will make a payment on the 1ST day of every month, beginning on MARCH, 2006 .
Before the First Principal and Interest Payment
Due Date as described in Section 4 of this Note, my
payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter, I will
pay principal and interest by making a payment every month as provided below.
I will make my monthly payments of principal and interest beginning on the First Principal and
Interest Payment Due Date as described 4 of this Note. I will make these payments every month
in Section
until I have paid all of the principal and interest
and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment
includes both principal and interest, it will be applied to interest before Principal. If, on FEBRUARY 01,
2036 , I still owe amounts under this Note, I will pay those amounts in full on that date,
Date."
which is called the "Maturity
I will make monthly payments at P. O. BOX 85302
SAN DIEGO, CA, 9218 6
or at a different place if required by the Note Holder.
(B) Amount of My Monthly Payments
My initial monthly payments will be in the amount of U.S. $ 2 , 858.33 . This amount
may change with the first monthly payment after the first Change Date and the first monthly payment after
every Change Date thereafter. Each of these payments will be in an amount sufficient to pay the interest
due on the unpaid principal balance at the rate determined as described in Section 4 of this Note. However,
starting with the First Principal and Interest Payment Due Date,my monthly payments will be in an amount
sufficient to repay the principal and interest at the rate determined as described in Section 4 of this Note in
272ST
12/27/04 Page l of4
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
" e
LOAN NO.
substantially equal installments by the Maturity Date. The Note Holder will notify me prior to the date of
change in monthly payment.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the
interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount
of my monthly payment in accordance with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest
rate I will pay will change to an adjustable interest rate on the first day of
FEBRUARY , 2011
, and the adjustable interest rate I will pay may change on that day every TWELFTH
month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and
Date."
each date on which my adjustable interest rate could change, is called a "Change
(B) The Index
"Index"
Beginning with the first Change Date, my interest rate will be based on an Index. The is
the average of interbank offered rates for ONE YEAR U.S. dollar-denominated deposits in the
London market ("LIBOR"), as published in The Wall Street Journal The most recent Index figure
hidex."
available as of 45 days before the Change Date is called the "Current
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND 250 /1000 Percentage points ( 2 . 250 %) to the Current Index. The Note Holder will
then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to
the limits stated in Section 4 (D) below, this rounded amount will be my new interest rate until the next
Change Date.
For each Change Date until the Change Date immediately prior to the First Principal and Interest
Payment Due Date, the Note Holder will determine the amount of the monthly payment that would be
sufficient to pay only the interest on the unpaid principal that I am expected to owe at the Change Date as it
accrues. The result of this calculation will be the new amount of my monthly payment. For each Change
Date beginning with the Change Date immediately prior to the First Principal and Interest Payment Due
Date, and for each Change Date thereafter, the Note Holder will then determine the amount of monthly
payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change
Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
12. 125 % or less than 2 . 250 %. Thereafter, my interest rate will never be increased or decreased on
any single Change Date by more than TWO AND 000 /1000 percentage point(s) ( 2. 000 %)
from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be
greater than 12 . 125 % or less than 2 . 250 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my
new monthly payment beginning on the first monthly payment date after the Change Date until the amount
of my monthly payment changes again.
(F) Notice of Changes
Before the effective date of any change in my interest rate and/or monthly payment, the Note
Holder will deliver or mail to me a notice of such change. The notice will include information required by
law to be given to me and also the title and telephone number of a person who will answer any question I
may have regarding the notice.
(G) Date of First Principal and Interest Payment
The date of my first payment consisting of both principal and interest on this Note (the "First
Principal and Interest Payment Due Date") shall be the first monthly payment date after FEBRUARY
01, 2016
12/27/04 Page2of4
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
LOAN NO.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A prepayment of
Prepayment."
all the unpaid principal is known as a "Full A prepayment of only part of the unpaid
Prepayment."
principal is known as a "Partial
If I make a Partial Prepayment equal to one or more of my monthly payments, my due date may be
advanced no more than one month. If I make any other Partial Prepayment, I must still make each later
payment as it becomes due and in the same amount. I may make a Full or Partial Prepayment at any time.
O If this box is checked, no prepayment penalty will be charged on the loan.
¡ If this box is checked, I have selected a loan which has a prepayment penalty. The Prepayment
Penalty Addendum attached hereto and made a part hereof defines the terms of the prepayment penalty. I
understand that by agreeing to pay a prepayment penalty I acknowledge that my interest rate and/or fees are
lower than they would be without a prepayment penalty.
6. LOAN CHARGES
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 connection with this loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from me that 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.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder
has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge
will be 2 . 00 % of my overdue payment of interest, during the period when my payment is interest
only, and of the principal and interest thereafter. I will pay this late charge promptly but only once on each
late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If ] am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of
Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30
days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in
full as described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required
me to pay immediately in full as described above, the Note Holder
will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the
attorneys'
extent not prohibited by applicable law. Those expenses include, for example, reasonable fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, 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 to me at the Property Address above
or a different address if I give the Note Holder a notice of that different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note
Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address
stated in Section 3(A) above or at a different address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a
12/27/04 Page 3 of4
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
LOAN NO.
guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note
against each person individually 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.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and
"Presentment"
Noticeof Dishonor. means the right to require the Note Holder to demand payment of
Dishonor"
amounts due. "Notice of means the right to require the Note Holder to give notice to other
persons that amounts due have not been paid.
11. SECURED NOTE
In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust,
or Security Deed (the "Security Instrument"), dated the same day as this Note, protects the Note Holder
from possible losses that might result if I do not keep the promises that I make in this Note. That Security
Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions read as follows:
If all or any part of the Property or any Interest in the Property is sold or
transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is
sold or transferred) without Lender's prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,4gn(gg[gll yqÆygagver notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the
notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Bor96%tmQtift 881ptfþëffe sums prior to the
expiration of this period, Lender may invokp-anypppphtlipylpqnAtted by this Security
Instrument without furthergipq e pn Bgr,rpgr
12. GOVERNING LAW
This note will be governed
by federal law and, to the extent nogreempted by federal
law, the law of the state-where·the-Propertydescribe tyrthe-Security Instrument is
located. :SmgW1
:sitiT
WITNESS THE HAND(S) AND'SBat(STOF'THE D.
(Seal)
R S -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Sign Original Only)
12/27/04 Page4 of 4
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022
Pay to the order of:
Without recourse,
AmNet Mortgage
in lieu of true corporate name
American Mortgage ork, Inc.
By:
Name. on
Coordinator
TitleClosing
Preview
FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 Exhibit B Note FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 LOAN NO. INTEREST ONLY ADJUSTABLE RATE NOTE ( ONE YEAR LIBOR Index (As Published inThe Wall Street Journal)- Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JANUARY 06 , 2 006 WEST BABYLON NEW YORK (Date) (City) (State) 6 FLEETS POINT DRIVE, WEST BABYLON, NY 11704 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 560, 000. 00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is ANNET MORTGAGE IN LIEU OF TRUE CORPORATE NAME AMERICAN MORTGAGE NETWORK, INC . I will make all payments under this Notein the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer Holder." and who is entitled to receive payments under this Note is called the "Note 2, INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6 .125 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment on the 1ST day of every month, beginning on MARCH, 2006 . Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a payment every month as provided below. I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Date as described 4 of this Note. I will make these payments every month in Section until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on FEBRUARY 01, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, Date." which is called the "Maturity I will make monthly payments at P. O. BOX 85302 SAN DIEGO, CA, 9218 6 or at a different place if required by the Note Holder. (B) Amount of My Monthly Payments My initial monthly payments will be in the amount of U.S. $ 2 , 858.33 . This amount may change with the first monthly payment after the first Change Date and the first monthly payment after every Change Date thereafter. Each of these payments will be in an amount sufficient to pay the interest due on the unpaid principal balance at the rate determined as described in Section 4 of this Note. However, starting with the First Principal and Interest Payment Due Date,my monthly payments will be in an amount sufficient to repay the principal and interest at the rate determined as described in Section 4 of this Note in 272ST 12/27/04 Page l of4 FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 " e LOAN NO. substantially equal installments by the Maturity Date. The Note Holder will notify me prior to the date of change in monthly payment. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of FEBRUARY , 2011 , and the adjustable interest rate I will pay may change on that day every TWELFTH month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and Date." each date on which my adjustable interest rate could change, is called a "Change (B) The Index "Index" Beginning with the first Change Date, my interest rate will be based on an Index. The is the average of interbank offered rates for ONE YEAR U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal The most recent Index figure hidex." available as of 45 days before the Change Date is called the "Current If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 250 /1000 Percentage points ( 2 . 250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4 (D) below, this rounded amount will be my new interest rate until the next Change Date. For each Change Date until the Change Date immediately prior to the First Principal and Interest Payment Due Date, the Note Holder will determine the amount of the monthly payment that would be sufficient to pay only the interest on the unpaid principal that I am expected to owe at the Change Date as it accrues. The result of this calculation will be the new amount of my monthly payment. For each Change Date beginning with the Change Date immediately prior to the First Principal and Interest Payment Due Date, and for each Change Date thereafter, the Note Holder will then determine the amount of monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12. 125 % or less than 2 . 250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than TWO AND 000 /1000 percentage point(s) ( 2. 000 %) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12 . 125 % or less than 2 . 250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date") shall be the first monthly payment date after FEBRUARY 01, 2016 12/27/04 Page2of4 FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 LOAN NO. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A prepayment of Prepayment." all the unpaid principal is known as a "Full A prepayment of only part of the unpaid Prepayment." principal is known as a "Partial If I make a Partial Prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other Partial Prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a Full or Partial Prepayment at any time. O If this box is checked, no prepayment penalty will be charged on the loan. ¡ If this box is checked, I have selected a loan which has a prepayment penalty. The Prepayment Penalty Addendum attached hereto and made a part hereof defines the terms of the prepayment penalty. I understand that by agreeing to pay a prepayment penalty I acknowledge that my interest rate and/or fees are lower than they would be without a prepayment penalty. 6. LOAN CHARGES 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 connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that 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. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 00 % of my overdue payment of interest, during the period when my payment is interest only, and of the principal and interest thereafter. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If ] am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the attorneys' extent not prohibited by applicable law. Those expenses include, for example, reasonable fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, 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 to me at the Property Address above or a different address if I give the Note Holder a notice of that different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a 12/27/04 Page 3 of4 FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 LOAN NO. guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually 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. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and "Presentment" Noticeof Dishonor. means the right to require the Note Holder to demand payment of Dishonor" amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same day as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,4gn(gg[gll yqÆygagver notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Bor96%tmQtift 881ptfþëffe sums prior to the expiration of this period, Lender may invokp-anypppphtlipylpqnAtted by this Security Instrument without furthergipq e pn Bgr,rpgr 12. GOVERNING LAW This note will be governed by federal law and, to the extent nogreempted by federal law, the law of the state-where·the-Propertydescribe tyrthe-Security Instrument is located. :SmgW1 :sitiT WITNESS THE HAND(S) AND'SBat(STOF'THE D. (Seal) R S -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Original Only) 12/27/04 Page4 of 4 FILED: SUFFOLK COUNTY CLERK 09/30/2022 06:18 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 09/30/2022 Pay to the order of: Without recourse, AmNet Mortgage in lieu of true corporate name American Mortgage ork, Inc. By: Name. on Coordinator TitleClosing