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  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
  • Mortgage Assets Management, Llc v. Carole A. Munzel, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the ComplaintReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03:02 PM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/07/2023 Exhibit H FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER SUMMONS _____________________________________________ INDEX # MORTGAGE ASSETS MANAGEMENT, LLC Original filed with Clerk ______________ Plaintiff Designates Westchester County as the Place of Trial Plaintiff, The Basis of Venue is that the -against- subject action is situated Westchester County CAROLE A. MUNZEL; SECRETARY OF HOUSING Premises: AND URBAN DEVELOPMENT; and JOHN DOE AND 35 Chaucer St JANE DOE #1 through #7, the last seven (7) names being Hartsdale, NY 10530 fictitious and unknown to the Plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. ______________________________________________ TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); the United States of America may appear or answer within 60 day of service hereof; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this Summons and Complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF MORTGAGE ASSETS MANAGEMENT, LLC AND FILING THE ANSWER WITH THE COURT. Dated: Uniondale, New York March 20 ________________, 2023 Respectfully submitted, Pincus Law Group, PLLC. By: ___________________________________________ George J. Weissinger, Esq. Attorneys for Plaintiff 425 RXR Plaza Uniondale, NY 11556 516-699-8902 2 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER _______________________________________________ MORTGAGE ASSETS MANAGEMENT, LLC COMPLAINT INDEX # Plaintiff, -against- CAROLE A. MUNZEL; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious and unknown to the Plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. _______________________________________________ Mortgage Assets Management, LLC (herein after “Plaintiff”) by Pincus Law Group, PLLC. its attorneys, complains of the above named defendants and alleges: 1. That the Plaintiff was at all times hereinafter mentioned, and now is, a Delaware limited liability company authorized to do business in the State of New York. 2. That on or about September 20, 2011, Carol A. Munzel, (“Borrower”) duly executed and delivered to MetLife Home Loans, a Division of MetLife Bank, N.A., an instrument of indebtedness (the “Note”). A copy of the Note is annexed hereto as Exhibit “A”. 3. That as collateral security for the payment of said indebtedness, Borrower on the same day duly executed, acknowledged and delivered to MetLife Home Loans, a Division of MetLife Bank, N.A., a first mortgage (the “Mortgage”), whereby Borrower mortgaged up to the maximum balance of $390,000.00 the real property as follows, 35 Chaucer Street, Hartsdale, NY 10530: See Schedule “A”. 4. That the Mortgage was duly recorded in the Westchester County Clerk’s Office on October 13, 2011, that being the County wherein the said real property was then situated, at Control No. 512783462. A copy of the Mortgage is annexed hereto as Exhibit “B”. 3 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 5. The Mortgage was thereafter ultimately assigned to Mortgage Assets Management, LLC as evidenced by assignment of mortgage dated February 17, 2022 and recorded in Westchester County Clerk’s Office on February 18, 2022 at Control No. 620493063. Copies of the Assignment are annexed hereto as Exhibit “C”. 6. That the Plaintiff is in possession of the note, is the holder of the said instrument of indebtedness and is the mortgagee of record. 7. The Note and Mortgage executed and delivered by Borrower is more commonly known, collectively, as a Reverse Mortgage, which requires the mortgagee to advance sums to the borrower at certain intervals as set forth in the mortgage instrument and/or Reverse Mortgage Agreement (“Reverse Mortgage Document”). The Reverse Mortgage Documents further provide that the loan is due upon the death of the borrower, upon the borrower ceasing to use the property as his/her principal residence, or upon the failure of the Borrower to pay taxes and/or insurance (“Default Event”). 8. Upon information and belief, the Borrower defaulted on July 26, 2021 by failing to pay taxes and/or insurance with respect to the property located at 35 Chaucer Street, Hartsdale, NY 10530. 9. Although monies were advanced as required pursuant to the Reverse Mortgage Documents, the Borrower has failed to comply with the terms and provisions of the said mortgage and/or Reverse Mortgage Documents, by failing and omitting to pay the balance due and owing upon the Default Event. 10. That the Borrower has been provided notice of the default, more than a month has elapsed since each and every one of said defaults, and the same still remains unpaid and no part thereof has been paid, and the Plaintiff, pursuant to the provisions of the said instrument and mortgage has elected, and does elect that the entire unpaid balance of the principal sum thereby secured become immediately due and payable. 11. That there is now justly due and owing to the Plaintiff on the Note and Mortgage, the principal advances of $200,276.41, as of March 2, 2023, with interest at the rate stated in the instrument, together with necessary advances and expenditures. As per the terms of the Reverse Mortgage Documents, this amount is subject to change and Borrowers can contact Plaintiff’s servicer or Counsel for an updated default balance. 4 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 12. That the Plaintiff requests that, in the event this action proceeds to judgment of foreclosure and sale, the said premises be sold subject to any state of facts an accurate survey may show and to restrictive covenants, utility easements, agreements and reservations, if any, of record zoning restrictions and violations thereof, if any, and covenants, restrictions, easements and agreements of record, if any, and violations thereof, if any. 13. Upon information and belief during the pendency of this action, the Plaintiff may be obliged to pay sums by way of assessments, taxes, insurance premiums and other charges accruing against said premises and the Plaintiff asks that any sums it may be required to pay and does pay for the purpose of protecting the lien of the mortgage herein sought to be foreclosed may be added to the indebtedness secured by and adjudge a valid lien on the premises herein described including legal fees and expenses. 14. That no action or proceeding has been commenced or maintained at law or otherwise for the foreclosure of said mortgage or recovery of said sums so secured by said instrument and mortgage or any part thereof. 15. That Plaintiff is informed and believes and therefore alleges that each of the above defendants has, or claims to have some interest or lien upon said mortgaged premises, or some part thereof, which interests or lien, if any, has accrued subsequent to and is subordinate to lien of said mortgage. 16. Plaintiff is the owner and holder of the subject Note and Mortgage, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Note and Mortgage. 17. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, and RPAPL §§ 1304 and 1306, if applicable. 18. Secretary of Housing and Urban Development is named a party defendant in this action as the holder of a mortgage which is subordinate to that of the Plaintiff. 19. Governmental agencies, if any, are named as parties defendant due to possible judgments against the premises/mortgagors, copies of which are attached hereto. WHEREFORE, Plaintiff demands judgment against the defendants as follows: A. That the defendants and all persons claiming under them, or any of them, subsequent to the filing of the Notice of Pendency of this action and the recording of the mortgage 5 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 in the office of the clerk of Westchester County, the county in which said mortgaged premises are located, and every person whose conveyance or encumbrance is subsequent or subsequently recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and equity of redemption of the said mortgaged premises and each and every part thereof; B. that the premises be sold according to law; C. that the amount due to Plaintiff on its note and mortgage may be adjudged; D. that the monies received from the sale may be brought into Court; E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with the costs and disbursements of this action, together with Plaintiff’s attorneys’ fees, late charges, escrow advances and the expanses of said sale to the extent that the amount of such monies applicable thereto will pay the same; F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits of said premises and the usual powers and duties; G. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the Mortgage being foreclosed herein. H. that the Plaintiff have such other and further relief as may be just and equitable together with the costs, allowances and disbursements of this action. Dated: Uniondale, New York March 20 _________________, 2023 Respectfully submitted, Pincus Law Group, PLLC. By: ____________________________________________ George J. Weissinger, Esq. Attorneys for Plaintiff 425 RXR Plaza Uniondale, NY 11556 516-699-8902 6 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Greenburgh, County of Westchester, State of New York, known and designated as Lots No. 454, 455, and 456 on a certain map entitled "Subdivision Map of Hartsdale Lawns in the Town of Greenburgh, Westchester County, New York" dated July 26th, 1929, amended August 23rd, 1929 and filed October 26th, 1929 as Map Number 3519 in the office of the Register of Westchester County (now County Clerk's Office, Division of Land Records), surveyed by Ward Carpenter and Company, Constructing and Civil Engineers of White Plains, New York. Premises: 35 Chaucer Street, Hartsdale, NY 10530 Tax Parcel ID No.: Section: 8.120 Block: 74 Lot: 10 7 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 SCHEDULE B SUBORDINATE MORTGAGE Mortgagor: Carole A. Munzel Mortgagee: Secretary of Housing and Urban Development Amount: $390,000.00 Dated: 9/20/2011 Recorded: 10/13/2011 Control No.: 512783464 8 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 EXHIBIT A 9 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 ADJUSTABLE RATE NOTE (HOME EQUITY CONVERSION) STATE OF NY September 20, 2011 PROPERTY ADDRESS FHA Case Number: Loan Number 35 Chaucer Street MIN Number: Hartsdale, NY 10530 WESTCHESTER COUNTY 1. DEFINITIONS "Borrower" "Lender" means each person signing at the end of this Note. means MetLife Home Loans, a Division of "Secretary" MetLife Bank, N.A. and itssuccessors and assigns. means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender up to a maximum principal amount of Three Hundred Ninety Thousand and 00/100 Dollars (U.S. $390,000.00), to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated September 20, 2011 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not paid earlier, are due and payable on December 27, 2090. Interest will be charged on unpaid principal at the rate of Three and 231/1000's percent (3.231%) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5 of this Note. At the end of each month, accrued interest shall be added to and made part of the principal balance as a Loan Advance and shall likewise thereafter bear interest. The interest rate required by this Paragraph 2 and Paragraph 5 of this Note is the rate of interest Borrower will pay on the outstanding balance both before and after this Note becomes due and payable as described in Paragraph 7 of this Note, until repayment in full is made. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date Instrument." as this Note and called the "Security The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNEROFPAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment in full, as provided in Paragraph 7 of this Note. (B) Place Payment shall be made at 334 Madison Avenue, Convent Station, NJ 07961 or any such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. INTEREST RATE CHANGES (A) Change Date The interest rate may change on the first day of DECEMBER 1, 2011 and on __ that day of each succeeding year, X Date" the first day of each succeeding month. "Change means each date on which the interest rate could change. (B) The Index "Index" Beginning with the first Change Date, the interest rate will be based on an Index. means the One-Month London Interbank Offered Rates" Rate ("Ll BOR") as made available in the "Money section of the Wall Street Journal rounded to three digits to the right of the decimal point. The Current Index means the most recent Index figure available 30 days before the Change Date, and if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day of the week, the Current Index will be the Index available the first business day of that week that the Wall Street Journalis published. If the day that is 30 days before the Change Date is a Sunday or Monday and not the first business day of the week, the Current Index will be the Index available the first business day of the immediately prior week that the Wall Street Journal is published.lf the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary.Lender will give Borrower notice of the new Index . (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of 3.000 percentage points to the Current index. Subject to the limits stated in Paragraph 5(D) of this Note, this amount will be the new interest rate until the next Change Date P' HECM Note © Bay Does, Inc, 06/10 Page 1 NOTE 10 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 (D) Limits on Interest Rate Changes Annual: The interest rate will never increase or decrease by more than two percentage points (2.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. X Monthly: The interest rate will never increase above 13.231%. (E) Notice of Changes Lender will give notice to Borrower of any change in the interest rate. The notice must be given at least 25 days before the new interest rate takes effect, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the Current Index and the date it was published, (vi) the method of calculating the adjusted interest rate, and (vii) any other information which may be required by law from time to time. (F) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date, unless the Change Date occurs less than 25 days after Lender has given the required notice. If the interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note decreased, but Lender failed to give timely notice of the decrease and applied a higher rate than the rate which should have been stated in a timely notice, then Lender shall recalculate the principal balance owed under this Note so it does not reflect any excessive interest. 6. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 11 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: Eirs1, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second. to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. A Borrower may specify whether a prepayment is to be credited to that portion of the principal balance representing monthly payments or the line of credit. If Borrower does not designate which portion of the principal balance is to be prepaid, Lender shall apply any partial prepayments to an existing line of credit or create a new line of credit. Any partial payments will be made available to Borrower by increasing the amount of Borrower's monthly payments and/or increasing the amount available to Borrower for Loan Advances under a line of credit. 7. IMMEDIATE PAYMENT IN FULL (A) Death or Sale Lender may require immediate payment in full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee simple (b) a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower, or (c) a life estate in the Property (or retains a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed . (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, the debt enforced through sale of the Property may attorneys' include costs and expenses, including reasonable and customary fees, associated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at-the same rate as the principal of this Note. in HECM Note © Bay Docs, Inc 02)0 Page 2 11 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 (D) Trusts Conveyance of a Borrower's in the Property to a trust which meets the requirements interest of the Secretary, or conveyance of a trust's in the Property to a Borrower, shall not be considered a conveyance for purposes of this interest Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 8. WAIVERS "Presentment" Borrower waives the rights of presentment and notice of dishonor. means the right to require Lender to dishonor" Lender demand payment of amounts due. "Notice of means the right to require to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. 11. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursements by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments made by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii), and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note held by the Secretary, notwithstanding anything to the contrary in Paragraph 7 of this Note; or (ii) Be obligated to pay interest or shared appreciation under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraphs 2 or 5 of this Note or any Allonge to this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. SEP 2 0 2011 Carole A. Munzel (Borrower) Date V' HECM Note © Bay Docs. Inc. 0210 Page 3 12 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 ALLONGE Loan Number: BORROWER(S): Carole A. Munzel ADDRESS: 35 Chaucer Street Hartsdale, NY 10530 AMOUNT: $390,000.00 Dated: 09/20/11 àyloitl eaor r oÉ . Champton Mortgage Company /ith urse ~ feelome s alrision 79etlife i. by 1.aura A s ram ice Presiderit 13 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 Allonge To Note Loan Number: . Executed By: Carole A. Munzel Property Address: 35 Chaucer Street Hartsdale NY 10530 Pay To The Order Of: Without Recourse Champion Mortgage Company By: Michael J Lima Senior Vice President 14 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 11/07/2023 03/20/2023 EXHIBIT B 15 of 35 FILED: WESTCHESTER COUNTY CLERK 11/07/2023 03/20/2023 03:02 11:41 PM AM INDEX NO. 58232/2023 NYSCEF DOC. NO. 37 1 TheOfficeoftheWestchester RECEIVED NYSCEF: 11/07/2023 03/20/2023 CountyClerk:Thispageis partofthe instrument;the CountyClerkwill relyontheinformationprovidedonthispagefor purposesof indexingthisinstrument.Tothe bestof submitter'sknowledge,theinformationcontainedonthis RecordingandEndorsement CoverPageis consistentwiththeinformationcontainedintheattacheddocument. *512783462MTG0022* Westchester County Recording & Endorsement Page Submitter Information ABSTRAC- Name: Primary Land Services (PICK UP MAVEN Phone: 631-864-4460 Address 1: 368 veterans Memorial Highway Fax: 631-864-4436 Address 2: Email: jbreitenbecker@primaryland.com City/State/Zip: Commack NY 11725 Reference for Submitter: PY25308 Document Details Control Number: 512783462 Document Type: Mortgage (MTG) Package ID: 2011100500193001001 Document Page Count: 12 Total Page Count: 13 Parties O Additional Parties on Continuation page 1stPARTY