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FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023
EXHIBIT E
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023
Return To:
Downey Savings and Loan
Association, F.A.
P.O. Box 6060, 3501
Jamboree Rd, Newport
Beach, CA 92658-6060
PreparedBy:
Downey Savings and Loan
Association, F.A.
P.O. Box 6060, 3501
Jamboree Rd, Newport
Co [SpaceAboveTMstimeForRecording
Data]
MORTGAGE 4en
cr
co
WORDS USED OFTEN IN THIS DOCIBfENT
(A) "Security Instrument." Thisdocumem, which is dated February 12, 2004 ,
together with all Riders to this document, will be called the "Security Instrument."
(B) "Borrower " SHERRI LYNN TALIENTO, A Married Woman
whose addressis 209 Milton Avenue , Staten Island NY 10306
"Borrower"
sometimeswill be called and sometimessimply "I" or "me."
"Lender."
(C) Downey Savings and Loan Association, F.A.
will be calied "Lender." Lender is a corporation or association which exists under the laws of
the United States of America . Lender's address183501 Jamboree Road,
Newport- Beach, CA 92660
NEWYORK- SmgieFarnily-FanniaMaefFreddle
MacUNIFORMINSTRUMENT
6(NY)10ao5)o7
VMP
MORTGAGE -(a001521-7291
FORMS
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"Note," Š enote signed
(D) by Borrower and dated February 12 , 2004 , will be called
the "Note." The Note shows that I owe Lender two hundred thirty-three thousand and
00/100
Dollars (U.S. $233,000.00 ) plus interest
and other amounts that may be payable. I have promised to pay this debt in Periodic Paymemsand to pay
the debt in full byNarch 1, 2034 .
(E) "Property 'lie property that is describedbelow in the section titled "Description of the Property,"
"Property."
will be called the
"Loan." The "Loan"
(F) meanythe deb'tevidencedby the Note, plus interest, any prepaymentchargesand
late chargesdue under the Note. and all sumsdue under this Security Instrument, plus interest
Secured," The amountsdescribed below in the section titled "Borrower's Transfer to Lender of
(G) "Sums
Property"
Rights in the sometimeswill be called the "Sums Secured."
"Riders." All Riders attachedto this
(H) Security Instrument that are signed by Borrower will be called
"Riders."
The following Riders are to be signed by Borrower [checit box as applicable]:
Adjustable Rate Rider Condominium Rider SecondHome Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biwcekly PaymentRider Other(s) [specify)
cr Rider to Promissory Note and Security
o Instrument
Law." All controlling applicable federal, state and local statutes, regulations, ordinances
(I) "Appilcable
Ed and administrative rules and orders (that have the effect of law) as well as all applicable final,
Law."
non-appealable,judicial opinions will be called "Applicable
(J) "Community Association Dues, Fees, and Assessments." All dues, fees, assessmentsand other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
associationor similar organization will he called "Community Association Dues, Fees,and Assessmenis."
Transfer," "Electroriic Funds Transfer" means
(K) "Electronic Funds any transfer of money, other than
by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as in order, instruct, or authorize a financial institution to debit
or credit an account. Some common examplesof an Electronic Punds Transfer are point-of-sale transfers
(where a card such as an assetor debit card is used at a merchant), automated teller machine (or ATM)
transactions, transfers initiated by telephone, wire transfers, and automatedclearinghousetransfers.
Items." Those items that are describedin Section3 will be called "Escrow items."
(L) "Escrow
Proceeds." "Misecliancous Proceeds" means
(M) "Miscellaneous any compensation, settlement, award of
damages,or proceedspaid by any third party (other than InsuranceProceeds,as defined in, and paid under
the coveragedescribed in Section 5) for: (i) damageto, or destruction of, the Property; (ii) Condemnation
or other taking of all or any part of the Property; (iii) conveyancein lieu of Condemnationor salc to avoid
Condemnationt or (iv) misrepresentations of, or omissions as to, the value and/or condition of the
Property. A taking of the Propeny by any governmental authority by eminent domain is known as
"Condemnation."
Insurance." "Mortgage Insurance" means insurance
(N) "Mortgage protecting Leader against the
nonpaymentof, or default on, the Loan.
Payment." The
(0) "Periodic regularly scheduled amount due for (1) principal and interest under the
Paymem."
Note, and (ii) any amounts under Section 3 will be called "Periodic
"RESPA," "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et
(P)
seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successorlegislation or regulation that governs the same subject
matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are
imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
related mortgage loan" under RESPA.
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BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to Lender subject to the terrns of this Security Instrument.
This means that, by signing this Security instrument, I am giving Lender those rights that are
stated in this Security Instrument and also those rights that Applicable Law gives to lenders who hold
mortgages on real property. I am giving Lender theserights to protect Lender from possible losses that
might result if I fail to:
(A) Pay all the amountsthat I owe Lender as statedin the Note including, but not limited to, all renewals,
extensionsand modifications of the Note;
(B) Pay, with interest, any amounts tha"tLeader spendsunder this Security Instrument to protect the value
o of the Pmperry and I ander's rights in the Property; and
tr) (C) Keep all of my other promises and agreementsunder this Security Instrument and the Note.
cm
DESCRIPTION OF THE PROPERTY
I give Lender rights in the Property describedin (A) through (G) below:
(A) The Property which is located at 209 MILTON AVENUE
isireeil
STATEN ISLAND [Cny,Townor Villagel, New York10306 [ZipCodel
This Property is in RICHMOND County, It has the following legal
description: Legal Description attached hereto and made a part hereof
(B) All buildings and other improvements that are located on the Property described in subsection (A) of
this section;
(C) All rights in other property that 1 have as owner of the Property described in subsection (A) of this
section. These rights are known as "easementsand appurtenancesattachedto the Property;"
(D) All rights that I have in the land which lies in the streetsor roads in front of, or next to, the Property
describedin subsection (A) of this section;
(E) All fixtures that arc now or in the future will be on the Property described in subsections(A) and (B)
of this section;
(F) All of the rights and property describedin subsections(B) through (E) of this section that I acquire in
the future; and
(G) All replacementsof or additions to the Property describedin subsections(B) through (F) of this section
and all InsuranceProceedsfor loss or damageto, and all Miscellaneous Proceedsof the Property described
in subsections(A) through (F) of this section.
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SCHEDULE A DESCRIPTION
GLA-1009R
ALL that cenaIn plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the
Borough of Staten Island, County of Richmond, City and State of New
York, bounded and described as follows:
BEGINNIMG at a point on the WESTERLY side of Milton Avenue.
- distant 142.38 feetSOUTHERLY from the corner formed by the
intersection of the WESTERLY side of Milton Avenue with the
SOUTHERLY side of record line of Ebbitts Street;
RUNNING THENCE NORTH 54 degrees 26 minutes 58 seconds WEST
and part of the distance through a party wall, 127.10 to a point;
cr
co THENCE SOUTH 37 degrees 00 minutes 22.60 seconds WEST 20.006
-- feet to a point;
THENCE SOUTH 54 degrees 26 minutes 58 seconds EAST 127.61 feet
to a point on the WESTERLY side of Milton Avenue;
THENCE along the WESTERLY side of Milton Avenue NORTH 35
degrees 33 minutes 02 seconds EAST. 20.00 feet to the point or place of
BEGINNING.
Said premises being known as and by street address:
209 Milton Street, Staten Island, New York
SECTION: BLOCK: 4056 LOT: 8
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BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION
TO DEFEND OWNERSHIP OF THE PROPERTY
I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey
the Property to Lender; and (C) there are no outstanding claims or chargesagainst the Property, except for
thosewhich are of public record.
I give a general warranty of title to Lender. This meansthat I will be fully responsible for any losses
which Lender suffers becausesomeoneother than myself has some of the rights in the Property which 1
promise that I have. I promise that I will defend my ownership of the Property against any claims of such
rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Security Instrument contains promises and agreementsthat are used in real property security
instrumems all over the country. It also contains other promisesand agreementsthat vary in different parts
of the country. My promises and agreementsare statedin "plain language."
COVENANTS
1promise and I agreewith Lender as follows:
c 1. Borrower's Promise to Pay. I will pay to Leader on time principal and interest due under the
co Note and any prepayment, late chargesand other amoumsdue under the Note. I will also pay all amounts
--- for Escrow Items under Section3 of this Security Instrument.
Paymentsdue under the Note and this Security Instrument shall be made in U.S. currency. If any of
my paymentsby check or other payment instrument is returned to Lender unpaid, Lender may require my
. payment be made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, drawn upon an institution whosedepositsare insured by a federal agency, instrumentality,
or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location required in the Note, or at
another location designatedby Lender under Section 15 of this Security Instrument. Lender may return or
accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If
Lender acceptsa lesser payment, Lender may refuse to accept a lesser payment that I may make in the
future and does not waive any of its rights. Lender is not obligated to apply such lesser paymentswhen it
acceptssuch payments. If interest on principal accruesas if all Periodic Paymentshad beenpaid when due,
then Lender neednot pay interest on unapplied funds. Leader may hold such unapplied funds until I make
paymentsto bring the Loan current. (f I do not do so within a reasonableperiod of time, Lender will either
apply such funds or return them to me. In the event of foreclosure. any unapplied funds will be applied to
the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have
now or in the future against Lender will relieve me from making payments due under the Note and this
Security Instrument or keeping all of my other promises and agreements secured by this Security
Instrument.
2, Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this
Section 2 requires otherwise, Lender will apply eachof rny paymentsthat Lender acceptsin the following
order:
First, to pay interest due under the Note;
Next, to pay principal due under the Note; and
Next, to pay the amounts due Lender under Section 3 of this Security Instrument.
Such paymentswill be applied to each Periodic Paymentin the order in which it becamedue.
Any remaining amountswill be applied as follows:
First, to pay any late charges;
Next, to pay any other amountsdue under this Security Instrument; and
Next, to reducethe principal balanceof the Note.
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If Leader receivesa payment from me for a late Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the late Periodic Paymentand the late charge. If
more than one Periodic Payment is due, Lender may apply any payment received from me: First, to the
repayment of the Periodic Paymemsthat are due if, and to the extent that, each paymem can be paid in
full; Next, to the extent that any excessexists after the payment is applied to the full payment of one or
more Periodic Payments,such excessmay be applied to any late chargesdue.
Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as
described in the Note.
Any application of payments, Insurance Proceeds, or Miscellaneous Proceedsto principal due under
the Note will not extend or postponethe due date of the Periodic Paymentsor changethe amount of those
payments.
3, Monthly Payments For Taxes And Insurance.
(a) Borrower's Obligations,
I will pay to Lender all amounts necessaryto pay for taxes, assessments,water charges, sewer rents
and other similar charges, ground leasehold payments or rents (if any), hazard or property insurance
covering the Property, flood insurance(if any), and any required Mongage Insurance, or a Loss Reserve
as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an
amount to be applied toward paymentof the following items which are called "Escrow Items:"
(1) The taxes, assessments,water charges, sewer rents and other similar charges, on the Property which
under Applicable Law may be superior to this Security instrument as a Llen on the Property. Any claim,
demandor charge that is made against property becausean obligation has not been fulfilled is known as a
"Lien;"
(2) The leaseholdpaymentsor ground rents on the Property (if any);
(3) The premium for any and all insurancerequired by Leader under Section 5 of this Security Instrument;
(4) The premium for Mortgage Insurance(if any);
(5) The amount 1 may be required to pay Lender under Section 10 of this Security Instrument insteadof the
payment of the premium for Mortgage Insurance(if any); and
(6) If required by Lender, the amountfor any Community Association Dues, Fees, and Assessments.
After signing the Note, or at any time during its term, Iznder may include theseamountsas Escrow
Items. The monthly payment I will make for Escrow Items will be based on Lender's estimate of the
annual amount required.
I will pay all of these amountsto Lender unless Lender tells me, in writing, that I do not have to do
so, or unless Applicable Law requires otherwise. 1 will make these paymems on the same day that my
Periodic Paymentsof principal and interest are due under the Note.
The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow
Funds." will
I pay Lender the Escrow Funds for Escrow hems unless Lender waives my obligation to pay
the Escrow Funds for any or all Escrow Items. 1-endermay waive my obligation to pay to Lender Escrow
Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such
waiver, I will pay directly, when and where payable, the amounts due for any Escrew Items for which
payment of Escrow Funds has been waived by Iznder and, if Lender requires, will promptly send to
Lender receipts showing such payment within such time period as Leader may require. My obligation to
make such paymentsand to provide receiptswill be consideredto be a promise and agreementcontained in
agreements" is used in Section 9 of this
this Security Instrument, as the phrase "promises and Security
Instrumes. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the
amount due for an Escrow Item, Lender may pay that amount and 1will then be obligated under Section 9
of this Security Instrument to repay to Lender. Leader may revoke the waiver as to any or all Escrow Items
at any time by a notice given in accordancewith Section 15 of this Security Instrument and, upon the
revocation, 1 will pay to Leader all Escrow Funds, and in amounts, that are then required under this
Section 3,
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I promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid.
Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing
assessmentsand bills and reasonableestimatesof the amount I will have to pay for Escrow Items in the
future, unless Applicable Law requires 12nder to use another method for determining the amount I am to
pay.
Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to
apply the Escrow Funds at the time specified under RESPA. Applicable Law puts limits on the total
amount of Escrow Funds Lender can at any time collect and hold. This total amount cannot be more than
the rnaximum amount a lender could require under RESPA. If there is another Applicable Law that
imposes a lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be
limited to the lower amount.
(b) Lender's Obligations,
Lender will keep the Escrow Funds in a savingsor banking institution which has its deposits insured
by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a
savings or banking institution, Lender may hold the Escrow Funds. Lender will use the Escrow Funds to
pay the Escrow Items no later than the time allowed under RESPA or other Applicable Law. Lender will
c give to me, without charge, an annual accounting of the Escrow Funds. That accounting will show all
co additions to and deductions from the Escrow Funds and the reasonfor eachdeduction.
Lender may not charge me for holding or keeping the Escrew Funds, for using the Escrow Funds to
pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for
verifying and totaling assessrnentsand bills. However, Lender may charge me for theseservices if Lender
pays me interest on the Escrow Funds and if Applicable Law permits Lender to make such a charge.
Lender will not be required to pay me any interest or earnings on the Escrow Funds unless cither (1)
Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law
requires Lender to pay interest on the Escrow Funds.
(c) Adjustments to the Eserow Funds,
Under Applicable Law, there is a limit on the amount of Escrow Funds Lender may hold. If the
amount of Escrow Funds held by Leader exceedsthis limit, then there will be an excess amount and
RESPA requires Leader to accountto me in a special mannerfor the excessamount of Escrow Funds.
If, at any time, Lender hasnot received enough Escrow Funds to make the paymentsof Escrow Iterns
when the paymentsare due, Lender may tell me in writing that an additional amount is necessary.I will
pay ro Lender whatever additional arnount is necessaryto pay the Escrow Items when the payments are
due, but the number of paymentswill not be more than 12,
When I havepaid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that
are then being held by Lender.
4. Borrower's Obligation to Pay Charges, Assessments and Claims. I will pay all taxes,
assessments,water charges, sewer rents and other similar charges, and any other chargesand fines that
may be imposed on the Property and that may be superior to this Security Instrument. I will also make
ground rents or paymentsdue under my leaseif I am a tenant on the Property and Community Association
Dues, Fees, and Assessments(if any) due on the Property. If these items are Escrow Items, I will do this
by making the paymentsas described in Section 3 of this Security Instrument. In this Security Instrument,
the word "Person" meansany individual, organization, governmental authority or other pany.
I will promptly pay or satisfy all Liens againsi the Property that may be superior to this Security
instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) 1
agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way
in which I agree to pay that obligation, but only so long as I am performing such agreement; (b) in good
faith, I argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the
lawsuit, the superior Lien may not be enforced, but only until the lawsuit ends; or (c) I secure frorn the
holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Securit
of
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Instrumentis superiorto the Lien held by that Person.If Leaderdeterminesthat any part of the Propertyis
subjectto a superior Lien, Lender may give Borrower a notice identifying the superiorLien. Within 10
daysof thedateon which thenoticeis given, Borrowershall pay or satisfy thesuperiorLien or takeoneor
moreof theactionsmentionedin this Section4.
Leaderalso may require me to pay a one-timechargefor an independentreal estatetax reporting
serviceusedby Lender in connectionwith the Loan, unlessApplicable Law doesnot permit Leaderto
makesucha charge.
5. Borrower's Obligation to IV|aintain Hazard insurance or Property insurance. I will obtain
hazardor propeny insuranceto coverall buildingsandother improvementsthat now are, or in the future
.. will be, locatedon the Property.The insurancewill coverlossor damagecausedby fire, hazard:=crmally
th Coverage"
covered by "Extended hazardinsurancepolicies, and any other hazardsfor which Lender
LO requirescoverage,including, but not limited to eanhquakesand floods. The insurancewill be in the
, amounts(including, but not limited to, deductiblelevels) and for theperiodsof time requiredby Lender.
What Lenderrequiresunder the last sentencecan changeduring the term of the 1.oan.I may choosethe
insurancecompany,but my choiceis subjectto Lender'sright to disapprove.Lendermay not disapprove
my choiceunlessthe disapprovalis reasonable.Lendermay requiremeto pay either (a) a one-timecharge
for nood zone determination,certi0cationand tracking services,or (b) a one-timechargefor flood zone
determinationand certification servicesand subsequemchargeseachtime remappingsor similar changes
occur which reasonablymight affect the flood zonedeterminationor cenification. If I disagreewith the
cr| flood zonedetermination,I may requestthe FederalEmergencyManagementAgency to review the flood
|E zonedeterminationand I promiseto pay any feeschargedby the FederalEmergencyManagementAgency
for its review.
. If I fail to maintain any of the insurancecoveragesdescribedabove, Lender may obtain insurance
coverage,at Leader's option and my expense.IEnder is under no obligation to purchaseany particular
type or amountof coverage.Therefore,suchcoveragewill cover Lender, but might or might not protect
me, my equity in the Property, or the contentsof the Property, againstany risk, hazardor liability and
might provide greateror lessercoveragethanwas previously in effect. I acknowledgethat the costof the
insurancecoverageso obtainedmight significantly exceedthecostof insurancethat I could haveobtained.
Any amountsdisbursedby Lenderunder this Section5 will becomemy additional debt securedby this
Securityinstrument.Tiese amountswill bearinterestat the interestratesetfonh in the Note from thedate
of disbursementand will be payablewith such interest, upon notice from Lender to me requesting
payment.
All of the insurancepoliciesandrenewalsof thosepolicieswill includewhat is knownasa "Standard
Clause" protectLenderandwill nameLeaderasmongageeand/or
Mongage to asanadditionallosspayee.
The form of all policiesand renewalswill be acceptableto Lender. Leaderwill havethe right 10hold the
policies and renewal cenificates. If Lender requires, I will promptly give Leader all receiptsof paid
premiumsandrenewalnoticesthat I receive.
If I obtain any form of insurancecoverage,not otherwiserequired by Leader, for damageto, or
destructionof, the Property, suchpolicy will includea StandardMortgageClauseandwill nameLenderas
mongageeand/orasanadditionallosspayee.
If there is a loss or damageto the Property, I will promptly notify the insurancecompanyand
Leader.If I do not promptly proveto theinsurancecompanythat the lossor damageoccurred,thenIEnder
may do so.
The amountpaid by the insurancecompanyfor lossor damageto the Property is called "Insurance
Proceeds."UnlessLenderand 1 otherwiseagreein
writing, any InsuranceProceeds,whetheror not the
underlying insurancewas requiredby Lender,will be usedto repair or to resore the damagedPropeny
unless: (a) it is not economicallyfeasibleto makethe repairsor restoration;(b) the useof the Insurance
Proceedsfor that purposewould lessenthe protectiongiven to lander by this Security Instrument;or (c)
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Lender and I have agreedin writing not to use the Insurance Proceedsfor that purpose. During the period
that any repairs or restorationsare being made, Lender may hold any InsuranceProceedsuntil it has had an
opponunity to inspect the Property to verify that the repair work has been completed to Lender's
satisfaction. However, this inspection will be done promptly. Lender may make payments for the repairs
and restorations in a single payment or in a seriesof progresspaymentsas the work is completed. Unless
Lender and I agree otherwise in writing or unless Applicable Law requires otherwise, Lender is not
required to pay me any interest or earnings on the Insurance Proceeds.I will pay for any public adjusters
or other third parties that 1 hire, and their feeswill not be paid out of the Insurance Proceeds.If the repair
or restoration is not economically feasible or if it would lessen Lender's protection under this Security
instrument. then the InsuranceProceedswill be used to reducethe amount that I owe to Lender under this
.r. Security Instrument. Such InsuranceProceedswill be applied in the order provided for in Section2. If any
en of the InsuranceProceedsremain after the amount that I owe to Lender hasbeen paid in full, the remaining
c-.3 Insurance Proceedswill be paid to me.
If I abandon the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If I do not answer, within 30 days, a notice from Lender stating that the insurance
Tn company has offered to settle a claim, Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquiresthe Property under Section 22 of this
Security Instrumem or otherwise, I give Lender my rights to any Insurance Proceeds in an amount not
greater than the amoumsunpaid under the Note and this Security Instrument. 1 also give Lender any other
of my rights (other than the right to any refund of unearnedpremiums that I paid) under all insurance
policies covering the Property, if the rights are applicable to the coverageof the Property. Lender may use
the Insurance Proceedseither to repair or restore the Property or to pay amountsunpaid under the Note or
this Security Instrumem, whether or not then due.
6. Borrower's Obligations to Occupy The Property. 1 will occupy the Property and use the
Property as my principal residencewithin 60 days after I sign this Security Instrument. I will continue to
occupy the Property and to use the Propeny as my principal residencefor at least one year. The one-year
period will begin when I first occupy the Propeny. However, I will not have to occupy the Property and
use the Property as my principal residence within the time frames set forth above if Lender agrees in
writing that I do not have to do so. Leader may not refuse to agreeunlessthe refusal is reasonab1c.I also
will not have to occupy the Property and use the Property as my principal residencewithin the time frames
set fonh aboveif extenuating circumstancesexist which arebeyond my control.
7. Borrower's Obligations to Maintain And Protect The Property And to Fulfill Any Lease
Obligations.
(a) Maintenance and Protection of the Property,
I will not destroy, damageor harm the Property, and I will not allow the Propeny to deteriorate.
Whether or not I am residing in the Property, I will keep the Property in good repair so that it will not
deteriorate or decreasein value due to its condition. Unless it is determined under Section 5 of this
Security Instrument that repair is not economically feasible, I will promptly repair the Property if damaged
to avoid further deterioration or damage. If insurance or Condemnation (as defined in the definition of
Miscellaneous Proceeds) proceeds are paid because of loss or damage to. or Condemnation of, the
Property, I will repair or restore the Property only if Lender has releasedthoseproceedsfor such purposes.
Lender may pay for the repairs and restoration out of proceeds in a single payment or in a series of
progress paymentsas the work is completed. If the insuranceor Condemnationproceedsare not sufficient
to repair or restore the Property, I promise to pay for the completion of such repair or restoration.
(b) Lender's inspection of Property.
Lender, and others authorized by Lender, may enter on and inspect the Property. They will do so in a
reasonablemanner and at reasonabletimes. If it has a reasonablepurpose, Lender may inspect the inside of
the home or other iroprovementson the Propeny. Before or at the time an inspection is made, Lender will
give me notice stating a reasonablepurpose for such interior inspection.
BINY)f0005t
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8. Borrower's Loan Application. If, during the application processfor the Loan, I, or any Personor
entity acting at my direction or with my knowledge or consent, made false, misleading, or inaccurate
statementsto Lender about information imponant to Lender in determining my cligibility for the Loan (or
did not provide Lender with such information), Lender will treat my actions as a default under this
Security instrument. False, misleading, or inaccurate statementsabout information important to Lender
would include a misrepresemationof my intemion to occupy the Propeny as a principal residence.This is
just one exampleof a false, misleading, or inaccuratestatementof important information.
9. Lender's Right to Protect Its, Rights in The Property. If: (a) I do not keep my promises and
agreementsmade in this Security Instrument; (b) someone, including me, begins a legal proceeding that
may significantly affect Lender's interest in the Property or rights under this Security Instrument (such as a
legal proceeding in bankruptcy, in probate, for Condemnation or Forfeiture (as defined in Section 11),
proceedingswhich could give a Personrights which could equal or exceedLender's interest in the Propeny
or under this Security Instrument, proceedings for enforcement of a Lien which may become superior to
this Security Instrument, or to enforce laws or regulations); or (c) I have abandonedthe Property, then
Lender may do and pay for whatever is reasonableor appropriate to protect Leader's interest in the
Property and Lender's rights under this Security Instrument.
cr Lender's actions may include, but are not lirnited to: (a) protecting and/or assessingthe value of the
co Propeny; (b) securing and/or repairing the Property; (c) paying sums to eliminate any Lien against the
-- Propeny that may be equal or superior to this Security Instrument; (d) appearing in court; and (e) paying
reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
instrument, including its securedposition in a bankruptcy proceeding. Lender can also enter the Property
to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, have utilities turned on or off, and take any
other action to securethe Property. Although Lender may take action under this Section 9, Lender doesnot
have to do so and is under no duty to do so. I agreethat 1xnder will not be liable for not taking any or all
actions under this Section 9.
I will pay to Lender any amounts, with interest, which Lender spendsunder this Section 9. I will pay
those amounts to Leader when Lender sends me a notice requesting that I do so. 1 will pay interest on
those amoums at the interest rate set forth in the Note. Interest on eachamount will begin on the date that
the arnount is spent by Leader. This Security Instrument will protect Lender in case I do not keep this
promise to pay thoseamounts with interest.
If I do not own, but am a tenant on the Property, I will fulfill all my obligations under my lease. I
also agree that, if 1 acquire the full title (sometimescalled "Fee Title") to the Pr
Preview
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 EXHIBIT E FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 Return To: Downey Savings and Loan Association, F.A. P.O. Box 6060, 3501 Jamboree Rd, Newport Beach, CA 92658-6060 PreparedBy: Downey Savings and Loan Association, F.A. P.O. Box 6060, 3501 Jamboree Rd, Newport Co [SpaceAboveTMstimeForRecording Data] MORTGAGE 4en cr co WORDS USED OFTEN IN THIS DOCIBfENT (A) "Security Instrument." Thisdocumem, which is dated February 12, 2004 , together with all Riders to this document, will be called the "Security Instrument." (B) "Borrower " SHERRI LYNN TALIENTO, A Married Woman whose addressis 209 Milton Avenue , Staten Island NY 10306 "Borrower" sometimeswill be called and sometimessimply "I" or "me." "Lender." (C) Downey Savings and Loan Association, F.A. will be calied "Lender." Lender is a corporation or association which exists under the laws of the United States of America . Lender's address183501 Jamboree Road, Newport- Beach, CA 92660 NEWYORK- SmgieFarnily-FanniaMaefFreddle MacUNIFORMINSTRUMENT 6(NY)10ao5)o7 VMP MORTGAGE -(a001521-7291 FORMS FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 "Note," Š enote signed (D) by Borrower and dated February 12 , 2004 , will be called the "Note." The Note shows that I owe Lender two hundred thirty-three thousand and 00/100 Dollars (U.S. $233,000.00 ) plus interest and other amounts that may be payable. I have promised to pay this debt in Periodic Paymemsand to pay the debt in full byNarch 1, 2034 . (E) "Property 'lie property that is describedbelow in the section titled "Description of the Property," "Property." will be called the "Loan." The "Loan" (F) meanythe deb'tevidencedby the Note, plus interest, any prepaymentchargesand late chargesdue under the Note. and all sumsdue under this Security Instrument, plus interest Secured," The amountsdescribed below in the section titled "Borrower's Transfer to Lender of (G) "Sums Property" Rights in the sometimeswill be called the "Sums Secured." "Riders." All Riders attachedto this (H) Security Instrument that are signed by Borrower will be called "Riders." The following Riders are to be signed by Borrower [checit box as applicable]: Adjustable Rate Rider Condominium Rider SecondHome Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biwcekly PaymentRider Other(s) [specify) cr Rider to Promissory Note and Security o Instrument Law." All controlling applicable federal, state and local statutes, regulations, ordinances (I) "Appilcable Ed and administrative rules and orders (that have the effect of law) as well as all applicable final, Law." non-appealable,judicial opinions will be called "Applicable (J) "Community Association Dues, Fees, and Assessments." All dues, fees, assessmentsand other charges that are imposed on Borrower or the Property by a condominium association, homeowners associationor similar organization will he called "Community Association Dues, Fees,and Assessmenis." Transfer," "Electroriic Funds Transfer" means (K) "Electronic Funds any transfer of money, other than by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as in order, instruct, or authorize a financial institution to debit or credit an account. Some common examplesof an Electronic Punds Transfer are point-of-sale transfers (where a card such as an assetor debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automatedclearinghousetransfers. Items." Those items that are describedin Section3 will be called "Escrow items." (L) "Escrow Proceeds." "Misecliancous Proceeds" means (M) "Miscellaneous any compensation, settlement, award of damages,or proceedspaid by any third party (other than InsuranceProceeds,as defined in, and paid under the coveragedescribed in Section 5) for: (i) damageto, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyancein lieu of Condemnationor salc to avoid Condemnationt or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. A taking of the Propeny by any governmental authority by eminent domain is known as "Condemnation." Insurance." "Mortgage Insurance" means insurance (N) "Mortgage protecting Leader against the nonpaymentof, or default on, the Loan. Payment." The (0) "Periodic regularly scheduled amount due for (1) principal and interest under the Paymem." Note, and (ii) any amounts under Section 3 will be called "Periodic "RESPA," "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et (P) seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successorlegislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. 07 6(NYj(o005) Page 2of17 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terrns of this Security Instrument. This means that, by signing this Security instrument, I am giving Lender those rights that are stated in this Security Instrument and also those rights that Applicable Law gives to lenders who hold mortgages on real property. I am giving Lender theserights to protect Lender from possible losses that might result if I fail to: (A) Pay all the amountsthat I owe Lender as statedin the Note including, but not limited to, all renewals, extensionsand modifications of the Note; (B) Pay, with interest, any amounts tha"tLeader spendsunder this Security Instrument to protect the value o of the Pmperry and I ander's rights in the Property; and tr) (C) Keep all of my other promises and agreementsunder this Security Instrument and the Note. cm DESCRIPTION OF THE PROPERTY I give Lender rights in the Property describedin (A) through (G) below: (A) The Property which is located at 209 MILTON AVENUE isireeil STATEN ISLAND [Cny,Townor Villagel, New York10306 [ZipCodel This Property is in RICHMOND County, It has the following legal description: Legal Description attached hereto and made a part hereof (B) All buildings and other improvements that are located on the Property described in subsection (A) of this section; (C) All rights in other property that 1 have as owner of the Property described in subsection (A) of this section. These rights are known as "easementsand appurtenancesattachedto the Property;" (D) All rights that I have in the land which lies in the streetsor roads in front of, or next to, the Property describedin subsection (A) of this section; (E) All fixtures that arc now or in the future will be on the Property described in subsections(A) and (B) of this section; (F) All of the rights and property describedin subsections(B) through (E) of this section that I acquire in the future; and (G) All replacementsof or additions to the Property describedin subsections(B) through (F) of this section and all InsuranceProceedsfor loss or damageto, and all Miscellaneous Proceedsof the Property described in subsections(A) through (F) of this section. 6(NYl t0005).07 Page 3st17 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 SCHEDULE A DESCRIPTION GLA-1009R ALL that cenaIn plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Staten Island, County of Richmond, City and State of New York, bounded and described as follows: BEGINNIMG at a point on the WESTERLY side of Milton Avenue. - distant 142.38 feetSOUTHERLY from the corner formed by the intersection of the WESTERLY side of Milton Avenue with the SOUTHERLY side of record line of Ebbitts Street; RUNNING THENCE NORTH 54 degrees 26 minutes 58 seconds WEST and part of the distance through a party wall, 127.10 to a point; cr co THENCE SOUTH 37 degrees 00 minutes 22.60 seconds WEST 20.006 -- feet to a point; THENCE SOUTH 54 degrees 26 minutes 58 seconds EAST 127.61 feet to a point on the WESTERLY side of Milton Avenue; THENCE along the WESTERLY side of Milton Avenue NORTH 35 degrees 33 minutes 02 seconds EAST. 20.00 feet to the point or place of BEGINNING. Said premises being known as and by street address: 209 Milton Street, Staten Island, New York SECTION: BLOCK: 4056 LOT: 8 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or chargesagainst the Property, except for thosewhich are of public record. I give a general warranty of title to Lender. This meansthat I will be fully responsible for any losses which Lender suffers becausesomeoneother than myself has some of the rights in the Property which 1 promise that I have. I promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreementsthat are used in real property security instrumems all over the country. It also contains other promisesand agreementsthat vary in different parts of the country. My promises and agreementsare statedin "plain language." COVENANTS 1promise and I agreewith Lender as follows: c 1. Borrower's Promise to Pay. I will pay to Leader on time principal and interest due under the co Note and any prepayment, late chargesand other amoumsdue under the Note. I will also pay all amounts --- for Escrow Items under Section3 of this Security Instrument. Paymentsdue under the Note and this Security Instrument shall be made in U.S. currency. If any of my paymentsby check or other payment instrument is returned to Lender unpaid, Lender may require my . payment be made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whosedepositsare insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location required in the Note, or at another location designatedby Lender under Section 15 of this Security Instrument. Lender may return or accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender acceptsa lesser payment, Lender may refuse to accept a lesser payment that I may make in the future and does not waive any of its rights. Lender is not obligated to apply such lesser paymentswhen it acceptssuch payments. If interest on principal accruesas if all Periodic Paymentshad beenpaid when due, then Lender neednot pay interest on unapplied funds. Leader may hold such unapplied funds until I make paymentsto bring the Loan current. (f I do not do so within a reasonableperiod of time, Lender will either apply such funds or return them to me. In the event of foreclosure. any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have now or in the future against Lender will relieve me from making payments due under the Note and this Security Instrument or keeping all of my other promises and agreements secured by this Security Instrument. 2, Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this Section 2 requires otherwise, Lender will apply eachof rny paymentsthat Lender acceptsin the following order: First, to pay interest due under the Note; Next, to pay principal due under the Note; and Next, to pay the amounts due Lender under Section 3 of this Security Instrument. Such paymentswill be applied to each Periodic Paymentin the order in which it becamedue. Any remaining amountswill be applied as follows: First, to pay any late charges; Next, to pay any other amountsdue under this Security Instrument; and Next, to reducethe principal balanceof the Note. lrunals 6tNY) 1000M 0? Page4of17 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 If Leader receivesa payment from me for a late Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the late Periodic Paymentand the late charge. If more than one Periodic Payment is due, Lender may apply any payment received from me: First, to the repayment of the Periodic Paymemsthat are due if, and to the extent that, each paymem can be paid in full; Next, to the extent that any excessexists after the payment is applied to the full payment of one or more Periodic Payments,such excessmay be applied to any late chargesdue. Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as described in the Note. Any application of payments, Insurance Proceeds, or Miscellaneous Proceedsto principal due under the Note will not extend or postponethe due date of the Periodic Paymentsor changethe amount of those payments. 3, Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations, I will pay to Lender all amounts necessaryto pay for taxes, assessments,water charges, sewer rents and other similar charges, ground leasehold payments or rents (if any), hazard or property insurance covering the Property, flood insurance(if any), and any required Mongage Insurance, or a Loss Reserve as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be applied toward paymentof the following items which are called "Escrow Items:" (1) The taxes, assessments,water charges, sewer rents and other similar charges, on the Property which under Applicable Law may be superior to this Security instrument as a Llen on the Property. Any claim, demandor charge that is made against property becausean obligation has not been fulfilled is known as a "Lien;" (2) The leaseholdpaymentsor ground rents on the Property (if any); (3) The premium for any and all insurancerequired by Leader under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance(if any); (5) The amount 1 may be required to pay Lender under Section 10 of this Security Instrument insteadof the payment of the premium for Mortgage Insurance(if any); and (6) If required by Lender, the amountfor any Community Association Dues, Fees, and Assessments. After signing the Note, or at any time during its term, Iznder may include theseamountsas Escrow Items. The monthly payment I will make for Escrow Items will be based on Lender's estimate of the annual amount required. I will pay all of these amountsto Lender unless Lender tells me, in writing, that I do not have to do so, or unless Applicable Law requires otherwise. 1 will make these paymems on the same day that my Periodic Paymentsof principal and interest are due under the Note. The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow Funds." will I pay Lender the Escrow Funds for Escrow hems unless Lender waives my obligation to pay the Escrow Funds for any or all Escrow Items. 1-endermay waive my obligation to pay to Lender Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, I will pay directly, when and where payable, the amounts due for any Escrew Items for which payment of Escrow Funds has been waived by Iznder and, if Lender requires, will promptly send to Lender receipts showing such payment within such time period as Leader may require. My obligation to make such paymentsand to provide receiptswill be consideredto be a promise and agreementcontained in agreements" is used in Section 9 of this this Security Instrument, as the phrase "promises and Security Instrumes. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may pay that amount and 1will then be obligated under Section 9 of this Security Instrument to repay to Lender. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordancewith Section 15 of this Security Instrument and, upon the revocation, 1 will pay to Leader all Escrow Funds, and in amounts, that are then required under this Section 3, m.5'AT¯ 6INY)moost07 Sd U Page .. FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 I promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid. Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing assessmentsand bills and reasonableestimatesof the amount I will have to pay for Escrow Items in the future, unless Applicable Law requires 12nder to use another method for determining the amount I am to pay. Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to apply the Escrow Funds at the time specified under RESPA. Applicable Law puts limits on the total amount of Escrow Funds Lender can at any time collect and hold. This total amount cannot be more than the rnaximum amount a lender could require under RESPA. If there is another Applicable Law that imposes a lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be limited to the lower amount. (b) Lender's Obligations, Lender will keep the Escrow Funds in a savingsor banking institution which has its deposits insured by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a savings or banking institution, Lender may hold the Escrow Funds. Lender will use the Escrow Funds to pay the Escrow Items no later than the time allowed under RESPA or other Applicable Law. Lender will c give to me, without charge, an annual accounting of the Escrow Funds. That accounting will show all co additions to and deductions from the Escrow Funds and the reasonfor eachdeduction. Lender may not charge me for holding or keeping the Escrew Funds, for using the Escrow Funds to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for verifying and totaling assessrnentsand bills. However, Lender may charge me for theseservices if Lender pays me interest on the Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Escrow Funds unless cither (1) Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Lender to pay interest on the Escrow Funds. (c) Adjustments to the Eserow Funds, Under Applicable Law, there is a limit on the amount of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Leader exceedsthis limit, then there will be an excess amount and RESPA requires Leader to accountto me in a special mannerfor the excessamount of Escrow Funds. If, at any time, Lender hasnot received enough Escrow Funds to make the paymentsof Escrow Iterns when the paymentsare due, Lender may tell me in writing that an additional amount is necessary.I will pay ro Lender whatever additional arnount is necessaryto pay the Escrow Items when the payments are due, but the number of paymentswill not be more than 12, When I havepaid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that are then being held by Lender. 4. Borrower's Obligation to Pay Charges, Assessments and Claims. I will pay all taxes, assessments,water charges, sewer rents and other similar charges, and any other chargesand fines that may be imposed on the Property and that may be superior to this Security Instrument. I will also make ground rents or paymentsdue under my leaseif I am a tenant on the Property and Community Association Dues, Fees, and Assessments(if any) due on the Property. If these items are Escrow Items, I will do this by making the paymentsas described in Section 3 of this Security Instrument. In this Security Instrument, the word "Person" meansany individual, organization, governmental authority or other pany. I will promptly pay or satisfy all Liens againsi the Property that may be superior to this Security instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) 1 agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way in which I agree to pay that obligation, but only so long as I am performing such agreement; (b) in good faith, I argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the lawsuit, the superior Lien may not be enforced, but only until the lawsuit ends; or (c) I secure frorn the holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Securit of 6(NY)fo005) Nea8Mn FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 Instrumentis superiorto the Lien held by that Person.If Leaderdeterminesthat any part of the Propertyis subjectto a superior Lien, Lender may give Borrower a notice identifying the superiorLien. Within 10 daysof thedateon which thenoticeis given, Borrowershall pay or satisfy thesuperiorLien or takeoneor moreof theactionsmentionedin this Section4. Leaderalso may require me to pay a one-timechargefor an independentreal estatetax reporting serviceusedby Lender in connectionwith the Loan, unlessApplicable Law doesnot permit Leaderto makesucha charge. 5. Borrower's Obligation to IV|aintain Hazard insurance or Property insurance. I will obtain hazardor propeny insuranceto coverall buildingsandother improvementsthat now are, or in the future .. will be, locatedon the Property.The insurancewill coverlossor damagecausedby fire, hazard:=crmally th Coverage" covered by "Extended hazardinsurancepolicies, and any other hazardsfor which Lender LO requirescoverage,including, but not limited to eanhquakesand floods. The insurancewill be in the , amounts(including, but not limited to, deductiblelevels) and for theperiodsof time requiredby Lender. What Lenderrequiresunder the last sentencecan changeduring the term of the 1.oan.I may choosethe insurancecompany,but my choiceis subjectto Lender'sright to disapprove.Lendermay not disapprove my choiceunlessthe disapprovalis reasonable.Lendermay requiremeto pay either (a) a one-timecharge for nood zone determination,certi0cationand tracking services,or (b) a one-timechargefor flood zone determinationand certification servicesand subsequemchargeseachtime remappingsor similar changes occur which reasonablymight affect the flood zonedeterminationor cenification. If I disagreewith the cr| flood zonedetermination,I may requestthe FederalEmergencyManagementAgency to review the flood |E zonedeterminationand I promiseto pay any feeschargedby the FederalEmergencyManagementAgency for its review. . If I fail to maintain any of the insurancecoveragesdescribedabove, Lender may obtain insurance coverage,at Leader's option and my expense.IEnder is under no obligation to purchaseany particular type or amountof coverage.Therefore,suchcoveragewill cover Lender, but might or might not protect me, my equity in the Property, or the contentsof the Property, againstany risk, hazardor liability and might provide greateror lessercoveragethanwas previously in effect. I acknowledgethat the costof the insurancecoverageso obtainedmight significantly exceedthecostof insurancethat I could haveobtained. Any amountsdisbursedby Lenderunder this Section5 will becomemy additional debt securedby this Securityinstrument.Tiese amountswill bearinterestat the interestratesetfonh in the Note from thedate of disbursementand will be payablewith such interest, upon notice from Lender to me requesting payment. All of the insurancepoliciesandrenewalsof thosepolicieswill includewhat is knownasa "Standard Clause" protectLenderandwill nameLeaderasmongageeand/or Mongage to asanadditionallosspayee. The form of all policiesand renewalswill be acceptableto Lender. Leaderwill havethe right 10hold the policies and renewal cenificates. If Lender requires, I will promptly give Leader all receiptsof paid premiumsandrenewalnoticesthat I receive. If I obtain any form of insurancecoverage,not otherwiserequired by Leader, for damageto, or destructionof, the Property, suchpolicy will includea StandardMortgageClauseandwill nameLenderas mongageeand/orasanadditionallosspayee. If there is a loss or damageto the Property, I will promptly notify the insurancecompanyand Leader.If I do not promptly proveto theinsurancecompanythat the lossor damageoccurred,thenIEnder may do so. The amountpaid by the insurancecompanyfor lossor damageto the Property is called "Insurance Proceeds."UnlessLenderand 1 otherwiseagreein writing, any InsuranceProceeds,whetheror not the underlying insurancewas requiredby Lender,will be usedto repair or to resore the damagedPropeny unless: (a) it is not economicallyfeasibleto makethe repairsor restoration;(b) the useof the Insurance Proceedsfor that purposewould lessenthe protectiongiven to lander by this Security Instrument;or (c) a7 SINYlmoost page3"g 17 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 Lender and I have agreedin writing not to use the Insurance Proceedsfor that purpose. During the period that any repairs or restorationsare being made, Lender may hold any InsuranceProceedsuntil it has had an opponunity to inspect the Property to verify that the repair work has been completed to Lender's satisfaction. However, this inspection will be done promptly. Lender may make payments for the repairs and restorations in a single payment or in a seriesof progresspaymentsas the work is completed. Unless Lender and I agree otherwise in writing or unless Applicable Law requires otherwise, Lender is not required to pay me any interest or earnings on the Insurance Proceeds.I will pay for any public adjusters or other third parties that 1 hire, and their feeswill not be paid out of the Insurance Proceeds.If the repair or restoration is not economically feasible or if it would lessen Lender's protection under this Security instrument. then the InsuranceProceedswill be used to reducethe amount that I owe to Lender under this .r. Security Instrument. Such InsuranceProceedswill be applied in the order provided for in Section2. If any en of the InsuranceProceedsremain after the amount that I owe to Lender hasbeen paid in full, the remaining c-.3 Insurance Proceedswill be paid to me. If I abandon the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If I do not answer, within 30 days, a notice from Lender stating that the insurance Tn company has offered to settle a claim, Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquiresthe Property under Section 22 of this Security Instrumem or otherwise, I give Lender my rights to any Insurance Proceeds in an amount not greater than the amoumsunpaid under the Note and this Security Instrument. 1 also give Lender any other of my rights (other than the right to any refund of unearnedpremiums that I paid) under all insurance policies covering the Property, if the rights are applicable to the coverageof the Property. Lender may use the Insurance Proceedseither to repair or restore the Property or to pay amountsunpaid under the Note or this Security Instrumem, whether or not then due. 6. Borrower's Obligations to Occupy The Property. 1 will occupy the Property and use the Property as my principal residencewithin 60 days after I sign this Security Instrument. I will continue to occupy the Property and to use the Propeny as my principal residencefor at least one year. The one-year period will begin when I first occupy the Propeny. However, I will not have to occupy the Property and use the Property as my principal residence within the time frames set forth above if Lender agrees in writing that I do not have to do so. Leader may not refuse to agreeunlessthe refusal is reasonab1c.I also will not have to occupy the Property and use the Property as my principal residencewithin the time frames set fonh aboveif extenuating circumstancesexist which arebeyond my control. 7. Borrower's Obligations to Maintain And Protect The Property And to Fulfill Any Lease Obligations. (a) Maintenance and Protection of the Property, I will not destroy, damageor harm the Property, and I will not allow the Propeny to deteriorate. Whether or not I am residing in the Property, I will keep the Property in good repair so that it will not deteriorate or decreasein value due to its condition. Unless it is determined under Section 5 of this Security Instrument that repair is not economically feasible, I will promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or Condemnation (as defined in the definition of Miscellaneous Proceeds) proceeds are paid because of loss or damage to. or Condemnation of, the Property, I will repair or restore the Property only if Lender has releasedthoseproceedsfor such purposes. Lender may pay for the repairs and restoration out of proceeds in a single payment or in a series of progress paymentsas the work is completed. If the insuranceor Condemnationproceedsare not sufficient to repair or restore the Property, I promise to pay for the completion of such repair or restoration. (b) Lender's inspection of Property. Lender, and others authorized by Lender, may enter on and inspect the Property. They will do so in a reasonablemanner and at reasonabletimes. If it has a reasonablepurpose, Lender may inspect the inside of the home or other iroprovementson the Propeny. Before or at the time an inspection is made, Lender will give me notice stating a reasonablepurpose for such interior inspection. BINY)f0005t 07 Page 8of17 .. FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/06/2023 , 8. Borrower's Loan Application. If, during the application processfor the Loan, I, or any Personor entity acting at my direction or with my knowledge or consent, made false, misleading, or inaccurate statementsto Lender about information imponant to Lender in determining my cligibility for the Loan (or did not provide Lender with such information), Lender will treat my actions as a default under this Security instrument. False, misleading, or inaccurate statementsabout information important to Lender would include a misrepresemationof my intemion to occupy the Propeny as a principal residence.This is just one exampleof a false, misleading, or inaccuratestatementof important information. 9. Lender's Right to Protect Its, Rights in The Property. If: (a) I do not keep my promises and agreementsmade in this Security Instrument; (b) someone, including me, begins a legal proceeding that may significantly affect Lender's interest in the Property or rights under this Security Instrument (such as a legal proceeding in bankruptcy, in probate, for Condemnation or Forfeiture (as defined in Section 11), proceedingswhich could give a Personrights which could equal or exceedLender's interest in the Propeny or under this Security Instrument, proceedings for enforcement of a Lien which may become superior to this Security Instrument, or to enforce laws or regulations); or (c) I have abandonedthe Property, then Lender may do and pay for whatever is reasonableor appropriate to protect Leader's interest in the Property and Lender's rights under this Security Instrument. cr Lender's actions may include, but are not lirnited to: (a) protecting and/or assessingthe value of the co Propeny; (b) securing and/or repairing the Property; (c) paying sums to eliminate any Lien against the -- Propeny that may be equal or superior to this Security Instrument; (d) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its securedposition in a bankruptcy proceeding. Lender can also enter the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, have utilities turned on or off, and take any other action to securethe Property. Although Lender may take action under this Section 9, Lender doesnot have to do so and is under no duty to do so. I agreethat 1xnder will not be liable for not taking any or all actions under this Section 9. I will pay to Lender any amounts, with interest, which Lender spendsunder this Section 9. I will pay those amounts to Leader when Lender sends me a notice requesting that I do so. 1 will pay interest on those amoums at the interest rate set forth in the Note. Interest on eachamount will begin on the date that the arnount is spent by Leader. This Security Instrument will protect Lender in case I do not keep this promise to pay thoseamounts with interest. If I do not own, but am a tenant on the Property, I will fulfill all my obligations under my lease. I also agree that, if 1 acquire the full title (sometimescalled "Fee Title") to the Pr