Preview
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. Case
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RECEIVED NYSCEF: 12/11/2023
MORTGAGE NOTE
Payees: Certilman, Balin, Adler &
Hyman, LLP
1393 Veterans Memorial Highway
Hauppauge, NY 11788
Commonwealth Holdings Pension
& Profit Sharing Plan
P.O. Box 92
Estero, FL 33929
Egan & Golden, LLP
393 Montauk Highway
P.O. Box 338
Wainscott, NY 11975
Lucille M. Weber
P.O. Box 92
Estero, FL 33929
Owen, Peterson & Co. LLP
329 Rt. 109, Suite 2
West Babylon, NY 11704-6213
Principal Amount: $855,373.90
, 2015
FOR VALUE RECEIVED, the undersigned (hereinafter the
"Maker") hereby promises to pay to the payees above named, or order
(collectively the "Payee") at the address of Owen, Peterson & Co.,
LLC. as set forth above, the principal amount stated above with
interest thereon to be computed from the date hereof at the rate
provided for in Section 18 U.S.C. Section 1961 on or before August
20, 2017.
The respective interests of the Payees under this instrument
are set forth in a Mortgage Participation Agreement bearing even
date herewith.
This Note may be prepaid in full or in part at any time
without penalty.
This Note is secured by a subordinate mortgage executed
simultaneously herewith af fecting property located at Middle
Island, New York.
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
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In the event of any default hereunder, interest shall accrue
at the rate of nine (9%) percent per annum during the period of
such default, and until the entire sum payable hereunder has been
paid in full.
IT IS HEREBY EXPRESSLY AGREED, that the said principal sum
secured by this note shall become due at the option of the holder
thereof on the happening of any default or event by which, under
the terms of the mortgage securing this note, said principal sum
may or shall become due and payable; also, that all of the
covenants, conditions and agreements contained in said mortgage are
hereby made part of this instrument. The rights, powers,
privileges and remedies of the holder of the Note are cumulative
and not exclusive of any rights, powers, remedies and privileges
which the holder might have under any other agreement now in effect
of hereafter entered into between it and the Maker.
The Maker and Payees waive trial by jury in any action or
litigation in connection with this instrument.
The Maker hereby waives presentment for payment, protest,
notice of protest, notice of nonpayment and diligence in bringing
suit. The Maker agrees to pay all costs of collection, including
reasonable attorney's fees, if a default shall occur under this
note.
This Note may not be changed or terminated orally, nor
may any oral agreement made by the Payees or any subsequent holder,
Payees'
to forbear in the exercise of rights be enforceable.
IN WITNESS WHEREOF, the undersigned has executed and
delivered this Note the day and year above written.
Sandy Hills, LLC.
By:
Anthony Conforti
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
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STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the day of in the year 2014, before
me, the undersigned, personally appeared ANTHONY CONFORTI
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed
to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or
the person on behalf of which the individual(s) acted, executed the
instrument.
Notary Public
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. Case
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Form 8015 (Subordinate) individual or Corporation
CONSULT YOUR LA WYER BEFORE SIGNING THIS INSTRUMENT-THIS fNSTRUMENT
SHOULD BE USED BY LAWYERS ONLY.
.................
THIS MORTGAGE, made the day of September in the year Two Thousand Fourteen
BETWEEN
SANDY HILLS, LLC, a New York limited liability company,
with an office at 9362 isla Bella Circle, Bonita Springs, FL 33929
, the mortgagor,
and
Certilman, Balin, Adler & Hyman, Esqs., having an address at 1393 Veterans
Memorial Highway, Hauppauge, NY 11788; Conunonwealth Holdings Pension & Profit Sharing
Plan, having an address at 9362 Isla Bella Circle, Bonita Springs, FL 34135; Egan & Golden, LLP,
having an address at 393 Montauk Highway, Wainscott, NY 11975; Lucille M. Weber, having an
address at 9362 isla Bella Circle, Bonita Springs, FL 34135and Owen Peterson & Co. LLC having
an address at 329 Rt. I09 Suite 2, West Babylon, NY 11704-6213 (collectively the "Mortgagee")
, the mortgagee,
WITNESSETH, that to secure the payment of an indebtedness in the sum of Eight Hundred Finy Five
Thousand Three Hundred Seventy Three and90/100------------($855,373.90)-----------------------dollars,
lawful money of the United States, to be paid
according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgages
to the mortgagee
ALL that certain plot, piece or parcel of land, with the, situate, lying and being in Middle Island,
County of Suffolk and State ofNew York, being more particularly described on Schedule A hereto annexed.
TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads
in front of and adjoining said premises;
TOGETHER with all fixtures, chattels and articles of personal property now or hereaker attached to or used
in connection with said premises,
including but not limited to furnaces, boilers, oil burners, radiators and
piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems,
wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators,
motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment
and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings
standing on said premises, together with any and all replacements thereof and additions thereto;
TOGETHER with all awards heretofore end hereaker made to the mortgagor for taking by eminent domain
the whole or any part of said premises or any easement therein, including any awards for changes of grade
of streets, which said awards are hereby assigned to the mortgagee, who is hereby authorized to collect and
FILED: SUFFOLK 6-12-
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NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/11/2023
receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the
same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may
not then be due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and
deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to
the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever.
AND the mortgagor covenants with the mortgagee as follows:
I. That the mortgagor will pay the indebtedness as hereinbefore provided.
2. That the mortgagor will keep the buildings on the premises insured against loss by fire for
the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will
reimburse the mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's
default in so insuring the buildings or in so assigning and delivering the policies.
3. That no building on the premises shall be altered, removed or demolished without the
consent of the mortgagee.
4. That the whole of said principal sum and interest shall become due at the option of the
mortgagee: after default in the payment of any instalment of principal or of interest for fifteen days; or after
default in the payment of any tax, water rate, sewer rent or assessment for thirty days after notice and
demand; or after default and demand either in assigning
after notice and delivering the policies insuring the
buildings loss by fire or in reimbursing
against the mortgagee for premiums paid on such insurance, as
hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the
mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An
assessment which has been made payable in instalments at the application of the mortgagor or lessee of the
premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entirety on
the day the first instalment becomes due or payable or a lien.
5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the
appointment of a receiver.
6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default
thereof, the mortgagee may pay the same.
7. That the mortgagor within five days upon request in person or within ten days upon request
by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether
any offsets or defenses exist against the mortgage debt.
8. That notice and demand or request may be in writing and may be served in person or by mail.
9. That the mortgagor warrants the title to the premises.
10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual
extended coverage endorsement; that in addition thereto the mortgagor, within thirty days after notice and
demand, will keep the premises insured against war risk and any other hazard that
may reasonably be
required by the mortgagee. All of the provisions of paragraphs No. 2 and No. 4 above relating to fire
insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the
additional insurance required by this paragraph.
I1. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by
this mortgage, may be sold in one parcel.
12. That if any action or proceeding be commenced (except an action to foreclose this mortgage
or to collect the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in
which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee
for the expense of any litigation to prosecute or defend the rights and lien created by this mortgage(including
reasonable counsel fees), shall be paidby the mortgagor, together with interest thereon at the rate of six per
cent, per annum and any such sum and the interest thereon shall be a lien on said premises, prior to any right,
or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this
mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this
mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
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of costs, disbursements and allowances shall prevail unaffected
by this covenant.
13. That the mortgagor hereby assigns to the mortgagee, the rents, issues and profits of the
premises as further security for the payment ofsaid indebtedness, and the mortgagor grants to the mortgagee
the right to enter upon and to take possession
of the premises for the purpose of collecting the same and to
let the premises or any part thereof, and to apply the rents, issues and profits, aher payment of all necessary
charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect
until this mortgage is paid. The mortgagee hereby waives the right to enter upon and to take possession of
said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled
to collect and receive said rents, issues and profits until default under any of the covenants, conditions, or
agreements contained in this mortgage, and agrees to such rents, issues and profits in payment of principal
and interest becoming due on this mortgage and in payment of taxes, assessments, sewer rents, water rates
and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked
days'
by the mortgagee upon any default, or five written notice. The mortgagor will not, without the written
consent of the mortgagee, receive or collect rent
any tenant of said premises or any part thereof
from for a
period of more than one month in advance, and in the event of any default under this mortgage will pay
monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits,
the fairand reasonable rental value for the use and occupation ofsaid premises or of such part thereof as may
be in the possession of the mortgagor, and upon default in any such payment will vacate and surrender the
possession of said premises to the mortgagee or to such receiver, and in default thereof may be evicted by
summary proceedings.
14. That the whole of said principal sum and the interest shall become due at the option of the
mortgagee:
(a) after failure to exhibit to the mortgagee; within ten days
showing paymentafter demand, receipts
of all taxes, water rates, sewer rents and assessments, after actual or (b)
or threatened alteration, the
demolition or removal of any building on the premises without the written consent of the mortgagee; or (c)
after the assignment of the rents of the premises or any part thereof without the written consent of the
mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair; or (e) after
failure to comply with any requirement or order or notice of violation of law or ordinance issued by any
governmental department claiming jurisdiction over the premises within three months from the issuance
thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doing
business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in
the event of the removal, demolition or destruction in whole or in part of any of the fixtures, chattels or
articles of personal property covered
hereby, are promptlyunless
replaced the same
by similar fixtures,
chattels and articles of personal property at least equal in quality and condition to those replaced, free from
chattel mortgages or other encumbrances thereon and free from any reservation of title thereto; or (h) after
days'
thirty notice to the mortgagor, in the event of the passage of any law deducting from the value of land
for the purposes of taxation any lien thereon, or changing in any way the taxation of mortgages or debts
secured thereby for state or local purposes; or (i) if the mortgagor fails to keep, observe and perform any of
the other covenants, conditions or agreements contained in this mortgage; or (j)if the mortgagor fails to keep,
observe and perform any of the covenants, conditions or agreements contained in any prior mortgage or fails
to repay to the mortgagee the amount of any instalment of principal or interest which the mortgagee may have
paid on such mortgage with interest thereon as provided in paragraph I6 of this mortgage.
15. That the mortgagor will, in compliance with Section 13 of the Lien Law, receive the
advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first
for the purposeof paying the cost ofthe improvement and will apply the same first to the payment of the cost
of the improvement before using any part of the total of the same for any other purpose.
16. [f the mortgagor fails to pay any instalment of principal or interest on any prior mortgage
when the same becomes due, the mortgagee may pay the same, and the mortgagor on demand will repay the
amount so paid with interest thereon at the legal rate and the same shall be added to the mortgage
indebtedness and be secured by this mortgage.
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. Case
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17. That the execution of this mortgage has been duty authorized by the sole member of the
mortgagor.
18. This mortgage is subject and subordinate to a mortgage held by Edward J. Barone in the
reduced principal balance of $146,618.50 and a security interest of Nelson & Pope Engineers & Land
Surveyors PLLC (d/b/a Nelson & Pope Engineers & Land Surveyors) in the amount of $114,496.73 plus
interest at the rate of 5% per annum accruing as ofMav5.2014, which security interest is subordinate
to the mortgage of Edward J. Barone, but superior to this mortgage, and which security interest was
created pursuant to the order filed MaY 2, 2014 and entered May 5, 2014 as |Docket No. 193] and is
governed by the terms thereof.
SEE RIDER HERETO ANNEXED AN D INCORPORATED HEREIN BY REFERENCE.
This mortgage may not be changed or terminated orally. The covenants contained in this mortgage
shall run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns
of the mortgagor and all subsequent owners, encumbrancers, tenants and subtenants of the premises, and
shall enure to the benefit of the
mortgagee, the
representatives, personal successors and assigns of the
"mortgagor"
mortgagee and all subsequent holders ofthis mortgage. The word shall be construed as if it read
"mortgagors" "mortgagee" "mortgagees"
and the word shall be construed as if it read whenever the sense of
this mortgage so requires.
IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor.
IN PRESENCE OF:
Sandy Hills, LLC
By:
Anthony Conforti, Manager
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the day of in the year 2015, before me, the undersigned, personally appeared
Anthony Comforti, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the
instrument.
Notary Public
FILED: SUFFOLKase COUNTY CLERKU0c12/11/2023 03:05 PM INDEX NO. 614442/2023
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NYSCEF DOC. NO. 53 12:44:39
RECEIVED NYSCEF: 12/11/2023
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RIDER TO MORTGAGE BETWEEN
SANDY HILLS, LLC, MORTGAGOR
AND
CERTILMAN, BALIN, ADLER & HYMAN, LLP; COMMONWEALTH HOLDINGS
PENSION & PROFIT SHARING PLAN; EGAN & GOLDEN, LLP;
LUCILLE M. WEBER, AND OWEN PETERSON & CO. LLC,
MORTGAGEES
19. In the event that the mortgage is placed in the hands of an
attorney for the collection of any payment under the mortgage or
for the enforcement of any of its terms, covenants, and/or
conditions, the mortgagor shall pay all
Preview
FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. Case 53 8-12-/4482-ast Doc 259 Hied 03/31/15 Entered03/31/1512:44:39 RECEIVED NYSCEF: 12/11/2023 MORTGAGE NOTE Payees: Certilman, Balin, Adler & Hyman, LLP 1393 Veterans Memorial Highway Hauppauge, NY 11788 Commonwealth Holdings Pension & Profit Sharing Plan P.O. Box 92 Estero, FL 33929 Egan & Golden, LLP 393 Montauk Highway P.O. Box 338 Wainscott, NY 11975 Lucille M. Weber P.O. Box 92 Estero, FL 33929 Owen, Peterson & Co. LLP 329 Rt. 109, Suite 2 West Babylon, NY 11704-6213 Principal Amount: $855,373.90 , 2015 FOR VALUE RECEIVED, the undersigned (hereinafter the "Maker") hereby promises to pay to the payees above named, or order (collectively the "Payee") at the address of Owen, Peterson & Co., LLC. as set forth above, the principal amount stated above with interest thereon to be computed from the date hereof at the rate provided for in Section 18 U.S.C. Section 1961 on or before August 20, 2017. The respective interests of the Payees under this instrument are set forth in a Mortgage Participation Agreement bearing even date herewith. This Note may be prepaid in full or in part at any time without penalty. This Note is secured by a subordinate mortgage executed simultaneously herewith af fecting property located at Middle Island, New York. FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 Case8-12-74482-ast Entered03/31/1612:44:39 Doc269 Hled03/31/16 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/11/2023 In the event of any default hereunder, interest shall accrue at the rate of nine (9%) percent per annum during the period of such default, and until the entire sum payable hereunder has been paid in full. IT IS HEREBY EXPRESSLY AGREED, that the said principal sum secured by this note shall become due at the option of the holder thereof on the happening of any default or event by which, under the terms of the mortgage securing this note, said principal sum may or shall become due and payable; also, that all of the covenants, conditions and agreements contained in said mortgage are hereby made part of this instrument. The rights, powers, privileges and remedies of the holder of the Note are cumulative and not exclusive of any rights, powers, remedies and privileges which the holder might have under any other agreement now in effect of hereafter entered into between it and the Maker. The Maker and Payees waive trial by jury in any action or litigation in connection with this instrument. The Maker hereby waives presentment for payment, protest, notice of protest, notice of nonpayment and diligence in bringing suit. The Maker agrees to pay all costs of collection, including reasonable attorney's fees, if a default shall occur under this note. This Note may not be changed or terminated orally, nor may any oral agreement made by the Payees or any subsequent holder, Payees' to forbear in the exercise of rights be enforceable. IN WITNESS WHEREOF, the undersigned has executed and delivered this Note the day and year above written. Sandy Hills, LLC. By: Anthony Conforti FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 Entered03/31/1612:44:39 DOC259 Hied03/31/16 NYSCEF DOC. NO. Case8-12-/4482-ast 53 RECEIVED NYSCEF: 12/11/2023 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the day of in the year 2014, before me, the undersigned, personally appeared ANTHONY CONFORTI personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. Case 53 8-12-14482-ast Doc 259 Hled 03/31/16 1-nte red 12:44:39 03/31/16RECEIVED NYSCEF: 12/11/2023 Form 8015 (Subordinate) individual or Corporation CONSULT YOUR LA WYER BEFORE SIGNING THIS INSTRUMENT-THIS fNSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ................. THIS MORTGAGE, made the day of September in the year Two Thousand Fourteen BETWEEN SANDY HILLS, LLC, a New York limited liability company, with an office at 9362 isla Bella Circle, Bonita Springs, FL 33929 , the mortgagor, and Certilman, Balin, Adler & Hyman, Esqs., having an address at 1393 Veterans Memorial Highway, Hauppauge, NY 11788; Conunonwealth Holdings Pension & Profit Sharing Plan, having an address at 9362 Isla Bella Circle, Bonita Springs, FL 34135; Egan & Golden, LLP, having an address at 393 Montauk Highway, Wainscott, NY 11975; Lucille M. Weber, having an address at 9362 isla Bella Circle, Bonita Springs, FL 34135and Owen Peterson & Co. LLC having an address at 329 Rt. I09 Suite 2, West Babylon, NY 11704-6213 (collectively the "Mortgagee") , the mortgagee, WITNESSETH, that to secure the payment of an indebtedness in the sum of Eight Hundred Finy Five Thousand Three Hundred Seventy Three and90/100------------($855,373.90)-----------------------dollars, lawful money of the United States, to be paid according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee ALL that certain plot, piece or parcel of land, with the, situate, lying and being in Middle Island, County of Suffolk and State ofNew York, being more particularly described on Schedule A hereto annexed. TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures, chattels and articles of personal property now or hereaker attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto; TOGETHER with all awards heretofore end hereaker made to the mortgagor for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the mortgagee, who is hereby authorized to collect and FILED: SUFFOLK 6-12- COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 Laseuoc 2d9 HIe0 U3/31/15 Entered /4462-ast 03/31/15 12:44:39 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/11/2023 receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then be due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgagee as follows: I. That the mortgagor will pay the indebtedness as hereinbefore provided. 2. That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insuring the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be altered, removed or demolished without the consent of the mortgagee. 4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the payment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after default and demand either in assigning after notice and delivering the policies insuring the buildings loss by fire or in reimbursing against the mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the mortgagor or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entirety on the day the first instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee may pay the same. 7. That the mortgagor within five days upon request in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the mortgagor warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended coverage endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisions of paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. I1. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by this mortgage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an action to foreclose this mortgage or to collect the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this mortgage(including reasonable counsel fees), shall be paidby the mortgagor, together with interest thereon at the rate of six per cent, per annum and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 8-12- /4482-ast Doc 259 Hled 03/31/16 I-ntered 03/31/16 12:44:39NYSCEF: NYSCEF DOC. NO. Case 53 RECEIVED 12/11/2023 of costs, disbursements and allowances shall prevail unaffected by this covenant. 13. That the mortgagor hereby assigns to the mortgagee, the rents, issues and profits of the premises as further security for the payment ofsaid indebtedness, and the mortgagor grants to the mortgagee the right to enter upon and to take possession of the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, aher payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until this mortgage is paid. The mortgagee hereby waives the right to enter upon and to take possession of said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, conditions, or agreements contained in this mortgage, and agrees to such rents, issues and profits in payment of principal and interest becoming due on this mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked days' by the mortgagee upon any default, or five written notice. The mortgagor will not, without the written consent of the mortgagee, receive or collect rent any tenant of said premises or any part thereof from for a period of more than one month in advance, and in the event of any default under this mortgage will pay monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fairand reasonable rental value for the use and occupation ofsaid premises or of such part thereof as may be in the possession of the mortgagor, and upon default in any such payment will vacate and surrender the possession of said premises to the mortgagee or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee; within ten days showing paymentafter demand, receipts of all taxes, water rates, sewer rents and assessments, after actual or (b) or threatened alteration, the demolition or removal of any building on the premises without the written consent of the mortgagee; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair; or (e) after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental department claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doing business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in the event of the removal, demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, are promptlyunless replaced the same by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other encumbrances thereon and free from any reservation of title thereto; or (h) after days' thirty notice to the mortgagor, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the mortgagor fails to keep, observe and perform any of the other covenants, conditions or agreements contained in this mortgage; or (j)if the mortgagor fails to keep, observe and perform any of the covenants, conditions or agreements contained in any prior mortgage or fails to repay to the mortgagee the amount of any instalment of principal or interest which the mortgagee may have paid on such mortgage with interest thereon as provided in paragraph I6 of this mortgage. 15. That the mortgagor will, in compliance with Section 13 of the Lien Law, receive the advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first for the purposeof paying the cost ofthe improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 16. [f the mortgagor fails to pay any instalment of principal or interest on any prior mortgage when the same becomes due, the mortgagee may pay the same, and the mortgagor on demand will repay the amount so paid with interest thereon at the legal rate and the same shall be added to the mortgage indebtedness and be secured by this mortgage. FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. Case 53 8-12-74482-ast Doc 259 Hied 03/31/15 Entered 03/31/15 12:44:39NYSCEF: RECEIVED 12/11/2023 17. That the execution of this mortgage has been duty authorized by the sole member of the mortgagor. 18. This mortgage is subject and subordinate to a mortgage held by Edward J. Barone in the reduced principal balance of $146,618.50 and a security interest of Nelson & Pope Engineers & Land Surveyors PLLC (d/b/a Nelson & Pope Engineers & Land Surveyors) in the amount of $114,496.73 plus interest at the rate of 5% per annum accruing as ofMav5.2014, which security interest is subordinate to the mortgage of Edward J. Barone, but superior to this mortgage, and which security interest was created pursuant to the order filed MaY 2, 2014 and entered May 5, 2014 as |Docket No. 193] and is governed by the terms thereof. SEE RIDER HERETO ANNEXED AN D INCORPORATED HEREIN BY REFERENCE. This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all subsequent owners, encumbrancers, tenants and subtenants of the premises, and shall enure to the benefit of the mortgagee, the representatives, personal successors and assigns of the "mortgagor" mortgagee and all subsequent holders ofthis mortgage. The word shall be construed as if it read "mortgagors" "mortgagee" "mortgagees" and the word shall be construed as if it read whenever the sense of this mortgage so requires. IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor. IN PRESENCE OF: Sandy Hills, LLC By: Anthony Conforti, Manager STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the day of in the year 2015, before me, the undersigned, personally appeared Anthony Comforti, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public FILED: SUFFOLKase COUNTY CLERKU0c12/11/2023 03:05 PM INDEX NO. 614442/2023 6-12-/440Z-ast Zb9 Hied 03/31/15 Entered 03/31/15 NYSCEF DOC. NO. 53 12:44:39 RECEIVED NYSCEF: 12/11/2023 FILED: SUFFOLK COUNTY CLERK 12/11/2023 03:05 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. CaseB-12-/4482-ast 53 Doc259 Hie003/31/lb Entered03/31/1612:44:39 RECEIVED NYSCEF: 12/11/2023 RIDER TO MORTGAGE BETWEEN SANDY HILLS, LLC, MORTGAGOR AND CERTILMAN, BALIN, ADLER & HYMAN, LLP; COMMONWEALTH HOLDINGS PENSION & PROFIT SHARING PLAN; EGAN & GOLDEN, LLP; LUCILLE M. WEBER, AND OWEN PETERSON & CO. LLC, MORTGAGEES 19. In the event that the mortgage is placed in the hands of an attorney for the collection of any payment under the mortgage or for the enforcement of any of its terms, covenants, and/or conditions, the mortgagor shall pay all