Preview
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
EXHIBIT 2
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___-..-------________________------------------------------__________Ç
KYLE HARRISON,
Index No. 21-614586
Plaintiff,
- against - AFFIDAVIT IN
SUPPORT OF MOTION
HAMPTON DREAM PROPERTIES, LLC; MICHAEL FOR PARTIAL
O'SULLIVAN, individually; CITIMORTGAGE, SUMMARY JUDGMENT
INC.; LOUIS B. KISH A/K/A LOUIS KISH; NATALIA
ROUCHOULET; DONNA LEMOINE; ATLANTIC BEACH
REALTY GROUP; LYNDEN RESTREPO; ROBERT
ASPENLEITDER; and OUT EAST MANAGEMENT
CONSULTING, INC.,
Defendants.
-------------------______-------------------______---------------___Ç
STATE OF NEW YORK )
)ss:
COUNTYOF SUFFOLK )
KYLE HARRISON, being duly sworn, deposes and says:
1. I am the Plaintiff/Purchaser in a Contract of Sale for a residential premises in
Montauk N.Y. This action seeks a return of my $75,000.00 Contract downpayment and damages
for Breach of Contract and Fraud. I submit this Affidavit in Support of my motion seeking an
Order directing the refund of my downpayment monies by the attorney/escrow agent.
BACKGROUND OF THIS CONTRACT DISPUTE
2. The Seller, Hampton Dream Properties, LLC, is owned and controlled by Michael
"all-cash"
O'Sullivan and in December of 2020 the property was listed for sale as a quick, deal.
3. I am 30 years old; my family has deep roots in Montauk, and after searching for a
small house for many months I found 327 Flamingo Road in Montauk, Town of East Hampton,
NY.
4. As recited in the Broker's Memo of Sale dated December 9, 2020 and the
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
Contract of Sale dated December I1, 2020, I agreed to deposit $75,000.00 on Contract and close
"all-cash" -
title very quickly after the Seller pressed hard for a quick closing the Closing date
"A"
was set for January 15, 2021. Annexed hereto as Exhibit is a copy of the 12/11/20 Contract
of Sale together with a copy of the downpayment check for $75,000.00.
5. I ordered Title Insurance immediately after signing the Contract and the Title
"B"
report came in on December 29, 2020. [See: Exhibit Title Report of Spano Abstract Inc.,
Title No. SP44891-S]. I then learned for the first time that CitiMortgage, Inc. had foreclosed on
its mortgage on the property and that a Judgment of Foreclosure had been granted by Justice
"C"
Santorelli on September 24, 2018. Annexed hereto as Exhibit is a copy of the Final
Judgment of Foreclosure and Sale dated 9/24/18 and signed by Justice Santorelli.
6. The Defendants Hampton Dream Properties and O'Sullivan advised me that they
out"
had "worked a payoff of the mortgage in order to deliver clear title to me at the closing per
the Contract of Sale - Seller never once raised the CitiMortgage payoff as a barrier or problem
that would prevent the January 15, 2021 Closing.
Funds"
7. On March 2, 2021 I was requested by the Seller to provide "Proof of for
CitiMortgage to review for - I understood that Seller had reached an agreement with
closing
CitiMortgage and that CitiMortgage would issue a Satisfaction of Mortgage at Closing. I
complied with the Seller's request and transmitted proof of funds and I was prepared for the
closing. The proof of funds that I transmitted to my closing attorney Rita Bonicelli, Esq. for
"D"
delivery to CitiMortgage Inc. is annexed hereto as Exhibit which, together with the
downpayment, equal a total available funds to close of 757,305.21
8. Between December 29, 2020 and May 5, 2021, I requested a mortgage payoff
letter, the setting of a Closing Date and proof that Seller was making efforts to obtain the
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
mortgage payoff and satisfaction for a closing. I made this request on twenty-five separate
occasions. See September 9, 2021 Amended Verified Complaint as NYSCEF Doc. No. 16.
Unbeknownst to me, the Defendants Hampton Dream Properties, LLC and Michael O'Sullivan
and their attorneys had been attempting to obtain a short sale payoff from the mortgage holder,
CitiMortgage - but never or transmitted
Inc. disclosed my Contract or proof of funds and proof
of downpayment to CitiMortgage, Inc. in an attempt to avoid disclosure of the true and accurate
financial terms of the pending sale and payoff. This was all to my detriment and damage as I
was frustrated in my attempts to close title.
9. After multiple failed attempts, I provided written notice via a Time of the Essence
able"
Letter (Law Day Letter) to the Sellers indicating that I was "ready willing and to close title
on July 21, 2021. A copy of the TOE Letter is annexed to the Amended Summons and
Complaint as Exhibit "E".
10. On July 21, 2021, at 11:00 AM, a real estate closing was scheduled per the TOE
Letter at the office of Defendant Hampton Dream Properties, LLC's closing attorney/Escrowee
Peter Terracciano, Esq. at his office at Joseph, Terracciano, & Lynam, LLP, at 2 Roosevelt
Avenue, Suite 200, Syosset, New York 11791.
11. The Defendants neglected and refused to provide payoff figures at the Closing.
12. I appeared at the Closing on July 21, 2021 at 11:00 a.m. and tendered the balance
of the purchase price per the Contract in the amount of $676,162.50 which, together with my
$75,000.00 contract deposit and the tax closing adjustment, totaled $751,162.00. A photocopy
"F"
of the cashier's check is annexed as Exhibit to the Amended Verified Complaint. The
Closing did not occur as a consequence and failure of Seller to tender good, marketable title per
the Contract and CitiMortgage, Inc.'s failure to produce the payoff letter and Satisfaction of
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
Mortgage.
13. When I was frustrated in my attempts to close with Hampton Dream Properties on
the Flamingo Road property, I was determined to move on to purchase another property in
Montauk which I purchased in February of 2022.
14. On August 2, 2022 a demand letter was transmitted to the Defendants demanding
the return of my downpayment in the amount of $75,000.00. A copy of the August 2, 2022
Demand Letter is annexed hereto as Exhibit "E".
15. In the meantime, my parents stepped in to purchase the Flamingo Road property
at the foreclosure and I am in the process of renovating the property on their behalf so the
property may be sold at a profit thereafter.
16. Pursuant to the Order of Hon. Joseph A. Santorelli, J.S.C. dated September 24,
2018 and the Final Judgment of Foreclosure and Sale granted by Hon. Joseph A. Santorelli,
J.S.C. on September 24, 2018 annexed hereto as Exhibit "F", the property was sold upon the
foreclosure sale by Samuel J. DiMeglio, Esq. as Referee via the delivery of a Referee's Deed
dated October 17, 2022, a copy of which is hereto as Exhibit "G". My parents, Linda and Joseph
Harrison were the successful bidders and purchasers at the foreclosure and purchased the
property for $675,000.00.
17. On October 31, 2022 a demand letter was transmitted to the Defendants
demanding the return of my downpayment in the amount of $75,000.00. A copy of the October
31, 2022 Demand Letter is annexed hereto as Exhibit "H".
18. Defendants have yet to release the $75,000.00 downpayment and I respectfully
request that the court issue an order directing the refund, release and return of my $75,000.00
downpayment on contract as the purchase and sale was never completed.
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
Kyle Harrison
Sworn to before me this
/Eth day of Se ember 23
Not Pu
MtCHAEL G. WALSH
NOTARY PUBLIC-STATE OF NEW YORK
No. 02WA5017638
Oualified in Suffolk County
My Commission Expires 10-10-2025
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
Dec DOC.
NYSCEF 14 20, NO.
02:55p74 p.10
RECEIVED NYSCEF: 09/20/2023
DocusignEnvelopeID:
EAFC0871-200841BS-6EA2-62SFF38920F4
Resmielconeaner
sm nam
Form3248-8[S-2d0)
| Joink preparedby theRed Paperty Sectionor theA&wYo&StateBarAssocietion,itmNewYOýStateLand TitleAssociation,
tireCominMtee
onRestPropertyLawof theAssoctotionof theBarorthe CityofNewYorkandlhe Corninittee
ortRes)PrcpenyLaw
oNheNewYorkCountyLawyers'Associa%n.
NOTE:_C.LrarLges
to forru contract are in BOLD rype,
WARNING:
NO REPRESENTATION1SMADETHAT THIS FORMOF CONTRACTFORTHE SALEAND
PURCHASEOF REAL
ESTATE COMPLIESWITH SECTION5.702 OF THE GENERAL
OBLIGATIONSLAW ("PLAINLANGUAGE')
CONSULT YOUR LAWYER BEFORE SIGNINGTHIS INSTRUMENT
NOTE: FIREANDCASUALTYLOSSESANDCONDEMNATION
ThiscontracIformdoesnot provideforwhathappensin theeventof fire,or other
casuaHylossor contfernnation
closing.Unlessdifferentprovi onis rÀadeinthis contract,Section5-1311of the General beforethe lkle
Lawwillapply, Onepartof
Obligations
thallawmakesa Purchaser fesponsibleforfireandcasuallylossupontakingpossession ofthe Premisesbeforethelilleclosing.
ResidentiaF ontract of Sale
Contract of Sale inade as of December 2020,
BETWEEN Hampton Drearn Properties, LLC
Address: 22 Wisteria Drive, P.0, Box 538, Remsenburg, New York 11960
hereinafter called "Seller" and
Kyle Harrison
Address: 25 Leroy Street, #20, New York, New York 10014
hereinafter called "Purchaser",
The parties hereby agree as follows:
1 Premises. Seilershall sell and convey and Purchasershall purchase the property,Iogetherwith all buildings
and improvemenlsthereon (collectivelythe "PternisesF),knownas Mcb_ectule A may be annexedor obtained with title
reoari when_orderedt
: StreetAddress: 327 FiamingoRoad, Montauk,NewYork
Tax Map Designation: Dist: 0300 Section: 005 Block: 02.0D Lo4s): 032.000
Together with Seders ownership and rights, if any, (a land lyin_4in the bed of any street or highway, opened or
proposed, adjoining the Prerr,isesto the center line thereof, any right of Seller to any unpaid award by
reasori of any taking by condemnalfonand/or for any damageIncluding
to the Premises reasonof change of grade of any
streel or highway. Seller shaddeliver at no additional cost to Purchaser, atby Closing (as hereinafter delined). or
thereafter, on demand, any documents1hat Purchasermay reasonably requirefor the conveyanceof such tille and
the assignmentand collectionof such awardordamages.
2. Personal Property. This sale also includes ali fixtures and articles of personal property now attached or
appurtenantto the Premises,unless specificallyexcludedbelow. Sellerrepresentsand warrantathat at
will be paid for and owned by Seller, free and clear of all liens and encumbrances,except Closingthey
any existing mortgage10
which this sale may be subjec They Include, but are not limited fo, plurnbing,heating, lighting and cooking Extures,
thandeliers, bathroorri and kitchen cabinels and counters, mantels, door minors, switch plates and door
venetian blinds, window-treatments, shades screens, awnings. starrn windows, storm doors, wíñdow hardware,
box,.TV serials, weather vane, flagpole,pumps,shrubbery,fencing,tool shed, dishwasher,washingmacNne, boxes, mail
clothes
dryer, garbage disposal unit, sange,ovan, built-in microwaveoven, refrigerator.freezer, air conditioningequiprnent
arid instaffahons,wall lo wall carpeting and built-ins not excluded below (strmeout inapp$cade iterra All to the
extent as presently existirrg
Excludedfrom this sale are furnitureand househaidfurnishings,
& Purchase Price. The purchaseprice is $750,00000
payabfeas follows:
(a) On the signing of this contract, by Purchasers good cheth payable to the Escrowee (as
hereinatterdefined),subjectto collection,the neceiptof whichis hereby acknowledged,to be hejd in estrow pursuant
to paragraph6 of this contrachthe 'DownpaymenF) $75,000.00
(b) defeled
(c) By "Seller's Concession" towards Purchaser's actual, lender approved, closing costs and
loan "pre-paids" that are contractually or lawfully due from Purchaser:
$N/A
Regarding-a-selle#s-sonemesicarin-the-event-lendor's oppraisai-is-less-than-the-etated-purchase-price,
: Purchaser-agooes--to---assept-said-appraisal-provided-k-is-greater-than-the-stated-purchase-price--lee&-the
stated--sene`s--sonsessiom---in-this- event--the-purchase--price-and -selle#ef-sonsessiereshall-eash- be
proportionately--reduced-so-that-the-net.purchase--pitse4hall-seansin-4he-SamerPwshaser-shalbpay-the
transfer-tax-en-this-p0F#0F4Gf4he-pufGhaSG-prÏCer
(d) Balanceat Closing in accordancewith paragraph7: $675,00D,00
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
Dec 14 20, 02:49p p.3
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
DocuSign
EnvelopeID:EAFC0871-2006-4186-BEA2-625FF38920F4
4. Existing Mortgage. (Delet b es e-an-er stingamrtgage-as4ndicated-in
i paragraph blabever
(a)--T-ke-Premi age-whisMs
orese a’nenthly-installmentuf
kWmclude-prins pal-in
dueend-paya e-en
is-are-made-en-the-existing-meF!gage-between-the-dat0-heree
balanea-enhe-pr se-payable¬M4-Qasag-unde+paragraoh-a{st-shan-be-inseased-br4he-amount-et--the-paymer-to-ef
pdRsipal-SelieF4epresealc,-and-wanan substantiatiy-serrestantag:ees
mortgage-will-be-made4e een-the-date-hereef-and-Glasing-
tha4enly-payments4equired-by4he-existing
fsHf-there’s-a- aurshaser- -it-san-be-essigned-andin
thatease ershase•sha ay-the-ameent-nt eass a assoun te-seaer-at-Gesing-
erding-sert ng4he-amount-ef-theunpaid-prinsise:-the
signe4by-the-holder-et-the-e*islic,g-mortease-in-form4er-4e
date-to-whichanterest-has-been-pand-and-the-ameuntedf-anyÄ*wned40-be-unpaid-fe•prinsipal-and--interest-ilemiaing
the-same-Se4er shan-p enMheexisting-mostgage-a-a-banker
same4nferrnatern
existing’Redgageúhe--nelesecured-theFeby-and-an exens ens-and-med
Glosmg--will-notberin-default.-and HAe-exist ng mortgage-doesnot contan any
hereethrdeason e 4Aewe*sen eyanae-et-the4²remSes-
S. Purchase Money Mortgage. {.n,rne applisade)--&f-t s
insisated49-paFagraph of4bes
er-r,f-nel n-the-standanuarmadep ate4and-T t e Assena en-Purchaser-sha#Ny-at-Glosag
I
the-exist ag49ertga ens-+eplacementea oncolida age-
debt-sefvice4hereunder-shall-ret4 greater- -annum--and-(h}’f-thepánspa amount
ne ge-or-Gensodat F a e R
ad-without--sharge4hereferrexecute-ask reement-er
agre nation-
6. Downpayment in Escrow. (a) Sellers attomey ("Escrowee")shall hold the Downpaymentin escrow in a
segregatedIOLA bank accountat STERLINGNATIONAL BANK, SYOSSfET,NY until Closing or sooner termination
of this contract and shall pay over or apply the Downpaymentin accordancewith the 1ermsof this paragraph.
Escrowee shall hold the Downpaymentin an IOLA non-interest-bearingaccount for the benefit of the parties. If
interest is held for the benefit of the parties, it shall be paid 10the party entitled 10the Downpaymentand the party
receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the
Downpayrnenlshall be placac in an IOLA accountor as otherwisepermittedor required by law. The Social Security
or Federal identification numbers of the parties shas be furnished to Escrowee upon request. At Closing. the
Downpaymentshall be paid by Escroweeto Seller. If for any reason Closing does not occur and either party gives
Notice (as de'ined in paragraph 25) to Escrowee demanding payrnentof the Downpayment,Escrowee shall give
prompt Notice to the other party of such demand. If Escroweedoes not receive Noticeof objectionfrorn such other
party to the proposed payrnent within 10 business days after the giving of such Notice, Escrowee is hereby
authorized and directed to make such payment. It Escroweedoes receive such Notice of objection within such 10
day period or If for any olber reason Escroweein good faith shall elec1not to make such payment, Escroweeshall
continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final,
nonappealablejudgment, order or decreeof a court. However,Escroweeshall have the right at any time to deposit
the Downpaymentand the interest thereonwith the cierk of a court in the county in which the Premisesare located
and shaU give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in
accordancewith the terms of this paragraph,Escroweeshadbe relievedand dischargedof all furtherobligationsand
responsibiltlieshereunder.
(b) The parties acknowledgethat Escroweeis acting solely as a stakeholderat their requestand for their
convenienceand that Escroweeshall not be liable to either party for any act or ornissionon its part unless taken or
suffered in bad faith or in willful disregard of this contracl or involving gross negligenceon the part of Escrowee.
Seller and Parchaser jointly and severally (with right of contribution) agme to defend (by attomeys selected by
Escrowee), indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including
reasonable atlomeys' fees) ir1curredin connectionwith the perforrnanceof Escrowee'sduties hereunder.except with
respect to actions or omissions laken or suffered by Escroweein bad faith or in willful disregardof this contract or
involving gross negligenceon the part of Escrowee.
(c) Escrowee may act or refrain from acting in respectof any matter referredto herein in full rehanceupon
and with the advice of counsel which may be selected by i1 (includingany member of its firrn) and shall be fully
protected in so acting or refrainingfrom action uponthe adviceof such counsel.
(d) Escrowee acknowledgesreceipt of 1heDownpaymentby check subject to collection and Escrowee's
agreementto the provisionsof this paragraphby signingin the placeindicatedon the signaturepage of this contract.
(e) Escroweeor any member of i1sfirm shall be perrai1tedto set as counselfor Seller in any dispute as to
the disbursement of the Downpayrnontor any olber disputo betweenthe par1ionwhether or not Escrewoo is in
possessionof the Downpaymentand continuesto act as Escrowee.
(f) The party whose attomey is Escroweeshall be liablefor loss of the Downpayment.
(g) In the event the check given as the down payrnent hereunder is dishonored for any reason, then
the Seller, in addition to any other rights and remedies, may declare this Contract null and void and
thereafter the Seller shall be relieved from any obligations hereunder.
7. Acceptable Funds. All money payableunder this contract.unlessotherwisespecified,shall be paid by:
(a) Cash.bul not over 51,000.00;
(b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank. :rust
company or savingsand loan association having a banking office in the Slate of New York, unendorsedand payable
to the order of Seller, or as Seller may otherwisedirect upon reasonableprior notice (by telephoneor otherwise) to
Purchaser-
(c) As to money other than the purchaseprice payableto Seller at Closing, uncertifiedcheck of Purchaser
up to the amountof $500.00: and
(d) As otherwiseagreedto in wnting by Selleror Seller'sattomey_
FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021
Dec 14 20,
02:51p p-5
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023
DocuSignEnvelopeID:EAFCOB71-2006-41BS-êEA2-625FF3B920F4
8. Mortgage-Conti ’nappheaMe--F-or--explananon--see-41stes-en-Mertgage
GemmitmeRt-c0ntageRsy-G“aG684-(a)-The-0bligalieR el- UrGhaGer-te-pUFcha r senditioned
e40-4ays-from-the-date-hereef4the "Gommitrnent-Date')of a-wratem,ommitment-from
'
an4estileaenal4.-ender-pursuar4-le-whiclFsuch4astitutionai-L-eRder-agre¸6-temal(
P, her-govemmentally--msured-loanrto-PershaseF-at-Purehasers--Ge
:- O' M9 yr : [T- d Ist'
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aGGBp&}-at-- Q ad-Gr--ad sta -rate-ek-iRferest--aRd-en-ethE•GustGFAary-Ge(ment-UNMS--(the
'-'Gemmits aned-ea-the-saleof-Purchasers-surrenlaemerpaymenbotany
outstanding-debtree-malenal-adverse-shange-n-Pu l--er-sastornary-conditRTr
. purchaser---assepter-the-n adn be ’; .he"n." ioned--eF the
institutionall-ende`s-approvakif-an-appraisakshall-no be-deemeda "Gernm men hereunder--untiban-appr-aisal--is
appFGVed-(0R f-bef9re4he-Gems(meRt-Da bparagraph- e)
unlearrthe-Gemmitment-Date c c ht. onchase#rrebligationsAereunder-are-sanditioned enlyan4ssuanee-4f-a
Gemmitmeat-Qnce-a-Gemr4ment-4s irc±, Eschaser--is-bound-under--t onW c"on 4 Aca 'e'fch r
refuses-teJuad4heloan-
t P -chaser-shath44Hnake-prompt-truthfutand--diligent-application-tec , :t '' Jrchasers-election;
Purchaser-and- memben•ef-PurGhasets-da
ll-feear-pents and4;harges-required-in
sonnnch" ' W¬"happlication-and4eandiv½ursue-such-application-with-diligencerand-(*)-seepeFale-in-
sed-fa“gh
btain-acemmaneat--Purshasseshanaccept-a-Gemmitmea@mee6ae4he-terms
set4erth49-subparagraph-8(akand-GhalbsempÞt-with a#-requirementrref-sush-commitment-fer-antether-GGmFRitment
haufumish-sener-v4thacepyaragwcomraimeat-prompuy-aner-receipt-1hereek
py-JMnappheaMe)-Prompt--submiss applicahen-40-a
at isle-42--9-et--the--Neve-¥e*.-Banking-Law-("Mertgage-Broke#')-shall
senstleteJull-semp an
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suGh-Mertgage-Brokert0-obtaiR-&Gemm
± raph-a(b) }-providedahat-suGn-Mertgage
: : H ::: 9 th
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earrirWHting-prier-te4he
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pliedwith-a#4ts-ob5galisasender-4)ur-paragrap½
(2) u rough-ne-fau t-of--the-Pur-shaser,-ne-Gemmit onaM-ender-eR-or-befeve
the-G6mm Purchaser-bas-assepie
dees-aeFGoaleFR-1944 rapl Ma
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Leader(s)40-whom--applicatier wa 6-ebligaliens-URde•4his
paragFapa
(f) "
'Mor-seatrast-is-eanseled--by--Qur4haser-pursuar,t-to--subparagFephe 8{d)-er-4e)-neither-party-shall
fights-againstrer-obligations-er-liabilities-ter-the-etheF-by-feason-of-thirreentrastrexcept
gIt-by
ll-be-promptly--sefeaeed-to-Purchaser-and-exeept-as-sel49rth44-paragraph-2-7-
an4as6lutenableader-4hat s-set-fedl in--subparagaph-8(a)-then-9urchasa shall-be
deemed-to-have-waived-Pumbase&f
masonefa spa ag aph a
m-af seneshas or receivedo-eepy-eracomm ent4rom-an4nstitu*iename
the-commitmeahDaterSener-may-Gansebthis-Gentrast-by$iving-Netice4e-PuFGhaseF-w+th R4-businesErdayS-aer-the
Gemm4ment-Date-waich-cancenalieFF-Ghall-beGame-effeGlwe--unless-PUfGhase•delivem-a-Gepy-946uGh-69 F ent
to-Seller-withir•to-busi
fuF|heFRghlEragainst.-4( itment-Dale-AfteF-SUGh-GaRGellaÓeR-Reither-p8fty-shall-have-any
1 (except40s-the-eum-of¬$200-00-whish--shall-be-retain FaG!-eXGef4-Ibal4he-DewRpayment
ha--east--of-pFeparlRS-4his
seatFaGt-of-Gaie)-Shalkbe--p.mptlf-FBfunded-te-PUI d-with-all4ls-ebNgalons
under4hisparagraph-8)-an 444
-------(i)-F-er--pufpeses-e4this-ceR1ast-4he-lea as utional4-en k-pr-ivate
banker-4rast-company--savings-a
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FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 EXHIBIT 2 FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___-..-------________________------------------------------__________Ç KYLE HARRISON, Index No. 21-614586 Plaintiff, - against - AFFIDAVIT IN SUPPORT OF MOTION HAMPTON DREAM PROPERTIES, LLC; MICHAEL FOR PARTIAL O'SULLIVAN, individually; CITIMORTGAGE, SUMMARY JUDGMENT INC.; LOUIS B. KISH A/K/A LOUIS KISH; NATALIA ROUCHOULET; DONNA LEMOINE; ATLANTIC BEACH REALTY GROUP; LYNDEN RESTREPO; ROBERT ASPENLEITDER; and OUT EAST MANAGEMENT CONSULTING, INC., Defendants. -------------------______-------------------______---------------___Ç STATE OF NEW YORK ) )ss: COUNTYOF SUFFOLK ) KYLE HARRISON, being duly sworn, deposes and says: 1. I am the Plaintiff/Purchaser in a Contract of Sale for a residential premises in Montauk N.Y. This action seeks a return of my $75,000.00 Contract downpayment and damages for Breach of Contract and Fraud. I submit this Affidavit in Support of my motion seeking an Order directing the refund of my downpayment monies by the attorney/escrow agent. BACKGROUND OF THIS CONTRACT DISPUTE 2. The Seller, Hampton Dream Properties, LLC, is owned and controlled by Michael "all-cash" O'Sullivan and in December of 2020 the property was listed for sale as a quick, deal. 3. I am 30 years old; my family has deep roots in Montauk, and after searching for a small house for many months I found 327 Flamingo Road in Montauk, Town of East Hampton, NY. 4. As recited in the Broker's Memo of Sale dated December 9, 2020 and the FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 Contract of Sale dated December I1, 2020, I agreed to deposit $75,000.00 on Contract and close "all-cash" - title very quickly after the Seller pressed hard for a quick closing the Closing date "A" was set for January 15, 2021. Annexed hereto as Exhibit is a copy of the 12/11/20 Contract of Sale together with a copy of the downpayment check for $75,000.00. 5. I ordered Title Insurance immediately after signing the Contract and the Title "B" report came in on December 29, 2020. [See: Exhibit Title Report of Spano Abstract Inc., Title No. SP44891-S]. I then learned for the first time that CitiMortgage, Inc. had foreclosed on its mortgage on the property and that a Judgment of Foreclosure had been granted by Justice "C" Santorelli on September 24, 2018. Annexed hereto as Exhibit is a copy of the Final Judgment of Foreclosure and Sale dated 9/24/18 and signed by Justice Santorelli. 6. The Defendants Hampton Dream Properties and O'Sullivan advised me that they out" had "worked a payoff of the mortgage in order to deliver clear title to me at the closing per the Contract of Sale - Seller never once raised the CitiMortgage payoff as a barrier or problem that would prevent the January 15, 2021 Closing. Funds" 7. On March 2, 2021 I was requested by the Seller to provide "Proof of for CitiMortgage to review for - I understood that Seller had reached an agreement with closing CitiMortgage and that CitiMortgage would issue a Satisfaction of Mortgage at Closing. I complied with the Seller's request and transmitted proof of funds and I was prepared for the closing. The proof of funds that I transmitted to my closing attorney Rita Bonicelli, Esq. for "D" delivery to CitiMortgage Inc. is annexed hereto as Exhibit which, together with the downpayment, equal a total available funds to close of 757,305.21 8. Between December 29, 2020 and May 5, 2021, I requested a mortgage payoff letter, the setting of a Closing Date and proof that Seller was making efforts to obtain the FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 mortgage payoff and satisfaction for a closing. I made this request on twenty-five separate occasions. See September 9, 2021 Amended Verified Complaint as NYSCEF Doc. No. 16. Unbeknownst to me, the Defendants Hampton Dream Properties, LLC and Michael O'Sullivan and their attorneys had been attempting to obtain a short sale payoff from the mortgage holder, CitiMortgage - but never or transmitted Inc. disclosed my Contract or proof of funds and proof of downpayment to CitiMortgage, Inc. in an attempt to avoid disclosure of the true and accurate financial terms of the pending sale and payoff. This was all to my detriment and damage as I was frustrated in my attempts to close title. 9. After multiple failed attempts, I provided written notice via a Time of the Essence able" Letter (Law Day Letter) to the Sellers indicating that I was "ready willing and to close title on July 21, 2021. A copy of the TOE Letter is annexed to the Amended Summons and Complaint as Exhibit "E". 10. On July 21, 2021, at 11:00 AM, a real estate closing was scheduled per the TOE Letter at the office of Defendant Hampton Dream Properties, LLC's closing attorney/Escrowee Peter Terracciano, Esq. at his office at Joseph, Terracciano, & Lynam, LLP, at 2 Roosevelt Avenue, Suite 200, Syosset, New York 11791. 11. The Defendants neglected and refused to provide payoff figures at the Closing. 12. I appeared at the Closing on July 21, 2021 at 11:00 a.m. and tendered the balance of the purchase price per the Contract in the amount of $676,162.50 which, together with my $75,000.00 contract deposit and the tax closing adjustment, totaled $751,162.00. A photocopy "F" of the cashier's check is annexed as Exhibit to the Amended Verified Complaint. The Closing did not occur as a consequence and failure of Seller to tender good, marketable title per the Contract and CitiMortgage, Inc.'s failure to produce the payoff letter and Satisfaction of FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 Mortgage. 13. When I was frustrated in my attempts to close with Hampton Dream Properties on the Flamingo Road property, I was determined to move on to purchase another property in Montauk which I purchased in February of 2022. 14. On August 2, 2022 a demand letter was transmitted to the Defendants demanding the return of my downpayment in the amount of $75,000.00. A copy of the August 2, 2022 Demand Letter is annexed hereto as Exhibit "E". 15. In the meantime, my parents stepped in to purchase the Flamingo Road property at the foreclosure and I am in the process of renovating the property on their behalf so the property may be sold at a profit thereafter. 16. Pursuant to the Order of Hon. Joseph A. Santorelli, J.S.C. dated September 24, 2018 and the Final Judgment of Foreclosure and Sale granted by Hon. Joseph A. Santorelli, J.S.C. on September 24, 2018 annexed hereto as Exhibit "F", the property was sold upon the foreclosure sale by Samuel J. DiMeglio, Esq. as Referee via the delivery of a Referee's Deed dated October 17, 2022, a copy of which is hereto as Exhibit "G". My parents, Linda and Joseph Harrison were the successful bidders and purchasers at the foreclosure and purchased the property for $675,000.00. 17. On October 31, 2022 a demand letter was transmitted to the Defendants demanding the return of my downpayment in the amount of $75,000.00. A copy of the October 31, 2022 Demand Letter is annexed hereto as Exhibit "H". 18. Defendants have yet to release the $75,000.00 downpayment and I respectfully request that the court issue an order directing the refund, release and return of my $75,000.00 downpayment on contract as the purchase and sale was never completed. FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 Kyle Harrison Sworn to before me this /Eth day of Se ember 23 Not Pu MtCHAEL G. WALSH NOTARY PUBLIC-STATE OF NEW YORK No. 02WA5017638 Oualified in Suffolk County My Commission Expires 10-10-2025 FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 Dec DOC. NYSCEF 14 20, NO. 02:55p74 p.10 RECEIVED NYSCEF: 09/20/2023 DocusignEnvelopeID: EAFC0871-200841BS-6EA2-62SFF38920F4 Resmielconeaner sm nam Form3248-8[S-2d0) | Joink preparedby theRed Paperty Sectionor theA&wYo&StateBarAssocietion,itmNewYOýStateLand TitleAssociation, tireCominMtee onRestPropertyLawof theAssoctotionof theBarorthe CityofNewYorkandlhe Corninittee ortRes)PrcpenyLaw oNheNewYorkCountyLawyers'Associa%n. NOTE:_C.LrarLges to forru contract are in BOLD rype, WARNING: NO REPRESENTATION1SMADETHAT THIS FORMOF CONTRACTFORTHE SALEAND PURCHASEOF REAL ESTATE COMPLIESWITH SECTION5.702 OF THE GENERAL OBLIGATIONSLAW ("PLAINLANGUAGE') CONSULT YOUR LAWYER BEFORE SIGNINGTHIS INSTRUMENT NOTE: FIREANDCASUALTYLOSSESANDCONDEMNATION ThiscontracIformdoesnot provideforwhathappensin theeventof fire,or other casuaHylossor contfernnation closing.Unlessdifferentprovi onis rÀadeinthis contract,Section5-1311of the General beforethe lkle Lawwillapply, Onepartof Obligations thallawmakesa Purchaser fesponsibleforfireandcasuallylossupontakingpossession ofthe Premisesbeforethelilleclosing. ResidentiaF ontract of Sale Contract of Sale inade as of December 2020, BETWEEN Hampton Drearn Properties, LLC Address: 22 Wisteria Drive, P.0, Box 538, Remsenburg, New York 11960 hereinafter called "Seller" and Kyle Harrison Address: 25 Leroy Street, #20, New York, New York 10014 hereinafter called "Purchaser", The parties hereby agree as follows: 1 Premises. Seilershall sell and convey and Purchasershall purchase the property,Iogetherwith all buildings and improvemenlsthereon (collectivelythe "PternisesF),knownas Mcb_ectule A may be annexedor obtained with title reoari when_orderedt : StreetAddress: 327 FiamingoRoad, Montauk,NewYork Tax Map Designation: Dist: 0300 Section: 005 Block: 02.0D Lo4s): 032.000 Together with Seders ownership and rights, if any, (a land lyin_4in the bed of any street or highway, opened or proposed, adjoining the Prerr,isesto the center line thereof, any right of Seller to any unpaid award by reasori of any taking by condemnalfonand/or for any damageIncluding to the Premises reasonof change of grade of any streel or highway. Seller shaddeliver at no additional cost to Purchaser, atby Closing (as hereinafter delined). or thereafter, on demand, any documents1hat Purchasermay reasonably requirefor the conveyanceof such tille and the assignmentand collectionof such awardordamages. 2. Personal Property. This sale also includes ali fixtures and articles of personal property now attached or appurtenantto the Premises,unless specificallyexcludedbelow. Sellerrepresentsand warrantathat at will be paid for and owned by Seller, free and clear of all liens and encumbrances,except Closingthey any existing mortgage10 which this sale may be subjec They Include, but are not limited fo, plurnbing,heating, lighting and cooking Extures, thandeliers, bathroorri and kitchen cabinels and counters, mantels, door minors, switch plates and door venetian blinds, window-treatments, shades screens, awnings. starrn windows, storm doors, wíñdow hardware, box,.TV serials, weather vane, flagpole,pumps,shrubbery,fencing,tool shed, dishwasher,washingmacNne, boxes, mail clothes dryer, garbage disposal unit, sange,ovan, built-in microwaveoven, refrigerator.freezer, air conditioningequiprnent arid instaffahons,wall lo wall carpeting and built-ins not excluded below (strmeout inapp$cade iterra All to the extent as presently existirrg Excludedfrom this sale are furnitureand househaidfurnishings, & Purchase Price. The purchaseprice is $750,00000 payabfeas follows: (a) On the signing of this contract, by Purchasers good cheth payable to the Escrowee (as hereinatterdefined),subjectto collection,the neceiptof whichis hereby acknowledged,to be hejd in estrow pursuant to paragraph6 of this contrachthe 'DownpaymenF) $75,000.00 (b) defeled (c) By "Seller's Concession" towards Purchaser's actual, lender approved, closing costs and loan "pre-paids" that are contractually or lawfully due from Purchaser: $N/A Regarding-a-selle#s-sonemesicarin-the-event-lendor's oppraisai-is-less-than-the-etated-purchase-price, : Purchaser-agooes--to---assept-said-appraisal-provided-k-is-greater-than-the-stated-purchase-price--lee&-the stated--sene`s--sonsessiom---in-this- event--the-purchase--price-and -selle#ef-sonsessiereshall-eash- be proportionately--reduced-so-that-the-net.purchase--pitse4hall-seansin-4he-SamerPwshaser-shalbpay-the transfer-tax-en-this-p0F#0F4Gf4he-pufGhaSG-prÏCer (d) Balanceat Closing in accordancewith paragraph7: $675,00D,00 FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 Dec 14 20, 02:49p p.3 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 DocuSign EnvelopeID:EAFC0871-2006-4186-BEA2-625FF38920F4 4. Existing Mortgage. (Delet b es e-an-er stingamrtgage-as4ndicated-in i paragraph blabever (a)--T-ke-Premi age-whisMs orese a’nenthly-installmentuf kWmclude-prins pal-in dueend-paya e-en is-are-made-en-the-existing-meF!gage-between-the-dat0-heree balanea-enhe-pr se-payable¬M4-Qasag-unde+paragraoh-a{st-shan-be-inseased-br4he-amount-et--the-paymer-to-ef pdRsipal-SelieF4epresealc,-and-wanan substantiatiy-serrestantag:ees mortgage-will-be-made4e een-the-date-hereef-and-Glasing- tha4enly-payments4equired-by4he-existing fsHf-there’s-a- aurshaser- -it-san-be-essigned-andin thatease ershase•sha ay-the-ameent-nt eass a assoun te-seaer-at-Gesing- erding-sert ng4he-amount-ef-theunpaid-prinsise:-the signe4by-the-holder-et-the-e*islic,g-mortease-in-form4er-4e date-to-whichanterest-has-been-pand-and-the-ameuntedf-anyÄ*wned40-be-unpaid-fe•prinsipal-and--interest-ilemiaing the-same-Se4er shan-p enMheexisting-mostgage-a-a-banker same4nferrnatern existing’Redgageúhe--nelesecured-theFeby-and-an exens ens-and-med Glosmg--will-notberin-default.-and HAe-exist ng mortgage-doesnot contan any hereethrdeason e 4Aewe*sen eyanae-et-the4²remSes- S. Purchase Money Mortgage. {.n,rne applisade)--&f-t s insisated49-paFagraph of4bes er-r,f-nel n-the-standanuarmadep ate4and-T t e Assena en-Purchaser-sha#Ny-at-Glosag I the-exist ag49ertga ens-+eplacementea oncolida age- debt-sefvice4hereunder-shall-ret4 greater- -annum--and-(h}’f-thepánspa amount ne ge-or-Gensodat F a e R ad-without--sharge4hereferrexecute-ask reement-er agre nation- 6. Downpayment in Escrow. (a) Sellers attomey ("Escrowee")shall hold the Downpaymentin escrow in a segregatedIOLA bank accountat STERLINGNATIONAL BANK, SYOSSfET,NY until Closing or sooner termination of this contract and shall pay over or apply the Downpaymentin accordancewith the 1ermsof this paragraph. Escrowee shall hold the Downpaymentin an IOLA non-interest-bearingaccount for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid 10the party entitled 10the Downpaymentand the party receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the Downpayrnenlshall be placac in an IOLA accountor as otherwisepermittedor required by law. The Social Security or Federal identification numbers of the parties shas be furnished to Escrowee upon request. At Closing. the Downpaymentshall be paid by Escroweeto Seller. If for any reason Closing does not occur and either party gives Notice (as de'ined in paragraph 25) to Escrowee demanding payrnentof the Downpayment,Escrowee shall give prompt Notice to the other party of such demand. If Escroweedoes not receive Noticeof objectionfrorn such other party to the proposed payrnent within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. It Escroweedoes receive such Notice of objection within such 10 day period or If for any olber reason Escroweein good faith shall elec1not to make such payment, Escroweeshall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealablejudgment, order or decreeof a court. However,Escroweeshall have the right at any time to deposit the Downpaymentand the interest thereonwith the cierk of a court in the county in which the Premisesare located and shaU give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordancewith the terms of this paragraph,Escroweeshadbe relievedand dischargedof all furtherobligationsand responsibiltlieshereunder. (b) The parties acknowledgethat Escroweeis acting solely as a stakeholderat their requestand for their convenienceand that Escroweeshall not be liable to either party for any act or ornissionon its part unless taken or suffered in bad faith or in willful disregard of this contracl or involving gross negligenceon the part of Escrowee. Seller and Parchaser jointly and severally (with right of contribution) agme to defend (by attomeys selected by Escrowee), indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable atlomeys' fees) ir1curredin connectionwith the perforrnanceof Escrowee'sduties hereunder.except with respect to actions or omissions laken or suffered by Escroweein bad faith or in willful disregardof this contract or involving gross negligenceon the part of Escrowee. (c) Escrowee may act or refrain from acting in respectof any matter referredto herein in full rehanceupon and with the advice of counsel which may be selected by i1 (includingany member of its firrn) and shall be fully protected in so acting or refrainingfrom action uponthe adviceof such counsel. (d) Escrowee acknowledgesreceipt of 1heDownpaymentby check subject to collection and Escrowee's agreementto the provisionsof this paragraphby signingin the placeindicatedon the signaturepage of this contract. (e) Escroweeor any member of i1sfirm shall be perrai1tedto set as counselfor Seller in any dispute as to the disbursement of the Downpayrnontor any olber disputo betweenthe par1ionwhether or not Escrewoo is in possessionof the Downpaymentand continuesto act as Escrowee. (f) The party whose attomey is Escroweeshall be liablefor loss of the Downpayment. (g) In the event the check given as the down payrnent hereunder is dishonored for any reason, then the Seller, in addition to any other rights and remedies, may declare this Contract null and void and thereafter the Seller shall be relieved from any obligations hereunder. 7. Acceptable Funds. All money payableunder this contract.unlessotherwisespecified,shall be paid by: (a) Cash.bul not over 51,000.00; (b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank. :rust company or savingsand loan association having a banking office in the Slate of New York, unendorsedand payable to the order of Seller, or as Seller may otherwisedirect upon reasonableprior notice (by telephoneor otherwise) to Purchaser- (c) As to money other than the purchaseprice payableto Seller at Closing, uncertifiedcheck of Purchaser up to the amountof $500.00: and (d) As otherwiseagreedto in wnting by Selleror Seller'sattomey_ FILED: SUFFOLK COUNTY CLERK 09/20/2023 10:21 AM INDEX NO. 614586/2021 Dec 14 20, 02:51p p-5 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/20/2023 DocuSignEnvelopeID:EAFCOB71-2006-41BS-êEA2-625FF3B920F4 8. Mortgage-Conti ’nappheaMe--F-or--explananon--see-41stes-en-Mertgage GemmitmeRt-c0ntageRsy-G“aG684-(a)-The-0bligalieR el- UrGhaGer-te-pUFcha r senditioned e40-4ays-from-the-date-hereef4the "Gommitrnent-Date')of a-wratem,ommitment-from ' an4estileaenal4.-ender-pursuar4-le-whiclFsuch4astitutionai-L-eRder-agre¸6-temal( P, her-govemmentally--msured-loanrto-PershaseF-at-Purehasers--Ge :- O' M9 yr : [T- d Ist' T :r 9: W tn.' ¬ ' h h u n aGGBp&}-at-- Q ad-Gr--ad sta -rate-ek-iRferest--aRd-en-ethE•GustGFAary-Ge(ment-UNMS--(the '-'Gemmits aned-ea-the-saleof-Purchasers-surrenlaemerpaymenbotany outstanding-debtree-malenal-adverse-shange-n-Pu l--er-sastornary-conditRTr . purchaser---assepter-the-n adn be ’; .he"n." ioned--eF the institutionall-ende`s-approvakif-an-appraisakshall-no be-deemeda "Gernm men hereunder--untiban-appr-aisal--is appFGVed-(0R f-bef9re4he-Gems(meRt-Da bparagraph- e) unlearrthe-Gemmitment-Date c c ht. onchase#rrebligationsAereunder-are-sanditioned enlyan4ssuanee-4f-a Gemmitmeat-Qnce-a-Gemr4ment-4s irc±, Eschaser--is-bound-under--t onW c"on 4 Aca 'e'fch r refuses-teJuad4heloan- t P -chaser-shath44Hnake-prompt-truthfutand--diligent-application-tec , :t '' Jrchasers-election; Purchaser-and- memben•ef-PurGhasets-da ll-feear-pents and4;harges-required-in sonnnch" ' W¬"happlication-and4eandiv½ursue-such-application-with-diligencerand-(*)-seepeFale-in- sed-fa“gh btain-acemmaneat--Purshasseshanaccept-a-Gemmitmea@mee6ae4he-terms set4erth49-subparagraph-8(akand-GhalbsempÞt-with a#-requirementrref-sush-commitment-fer-antether-GGmFRitment haufumish-sener-v4thacepyaragwcomraimeat-prompuy-aner-receipt-1hereek py-JMnappheaMe)-Prompt--submiss applicahen-40-a at isle-42--9-et--the--Neve-¥e*.-Banking-Law-("Mertgage-Broke#')-shall senstleteJull-semp an is-such-applsation4osuch I suGh-Mertgage-Brokert0-obtaiR-&Gemm ± raph-a(b) }-providedahat-suGn-Mertgage : : H ::: 9 th n grFn in C r.ensyWto whn3.'appissateas-were-reade-deny-suGh-appliGal earrirWHting-prier-te4he a y-giving-Notic thereakto-SelieFrWilh-a-Gepy-DÜ-fruCh denials- pliedwith-a#4ts-ob5galisasender-4)ur-paragrap½ (2) u rough-ne-fau t-of--the-Pur-shaser,-ne-Gemmit onaM-ender-eR-or-befeve the-G6mm Purchaser-bas-assepie dees-aeFGoaleFR-1944 rapl Ma e p evided4hat-sush-Noseincludes4hename-andaddress-of-the-las a onal Leader(s)40-whom--applicatier wa 6-ebligaliens-URde•4his paragFapa (f) " 'Mor-seatrast-is-eanseled--by--Qur4haser-pursuar,t-to--subparagFephe 8{d)-er-4e)-neither-party-shall fights-againstrer-obligations-er-liabilities-ter-the-etheF-by-feason-of-thirreentrastrexcept gIt-by ll-be-promptly--sefeaeed-to-Purchaser-and-exeept-as-sel49rth44-paragraph-2-7- an4as6lutenableader-4hat s-set-fedl in--subparagaph-8(a)-then-9urchasa shall-be deemed-to-have-waived-Pumbase&f masonefa spa ag aph a m-af seneshas or receivedo-eepy-eracomm ent4rom-an4nstitu*iename the-commitmeahDaterSener-may-Gansebthis-Gentrast-by$iving-Netice4e-PuFGhaseF-w+th R4-businesErdayS-aer-the Gemm4ment-Date-waich-cancenalieFF-Ghall-beGame-effeGlwe--unless-PUfGhase•delivem-a-Gepy-946uGh-69 F ent to-Seller-withir•to-busi fuF|heFRghlEragainst.-4( itment-Dale-AfteF-SUGh-GaRGellaÓeR-Reither-p8fty-shall-have-any 1 (except40s-the-eum-of¬$200-00-whish--shall-be-retain FaG!-eXGef4-Ibal4he-DewRpayment ha--east--of-pFeparlRS-4his seatFaGt-of-Gaie)-Shalkbe--p.mptlf-FBfunded-te-PUI d-with-all4ls-ebNgalons under4hisparagraph-8)-an 444 -------(i)-F-er--pufpeses-e4this-ceR1ast-4he-lea as utional4-en k-pr-ivate banker-4rast-company--savings-a ' ¥srk-State asuraase-company-duly--erganised-eFGenSed-le--de-bUs