Preview
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
EXHIBIT E
-1-
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
NASSAU COUNTY CLERK'S OFFICE
ENDORSEMENT COVER PAGE
Recorded Date: 04-15-2005 Record and Return To:
Recorded Time: 11:06:25 a COUNTRYNIDE HOME LOANS INC
MS SV-79 DOCUMENT PROCESSING
Liber Book: M 28668 PO BOX 10423
Pages From: 943 VAN NUYS, CA 91410-0423
To: 957
Control
Number: 11900
Ref #: CW 005126
Doc Type: M01 MORTGAGE
Location: Section Block Lot Unit
HEMPSTEAD (2820) 0035 00536-00 00067
Consideration Amount: 290,000.00
Taxes Total 2,875.00
Recording Totals 80.00
ERD001 Total Payment 2,955.00
THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED
KAREN V. MURPHY
COUNTY CLERK
Klillillillillllillillilllilil III
20050t415n900
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
After rding Retnm To:
COUNTI(YWIDE HOME LOANS, INC.
MS SV-7 9 DOCUMENT PROCESSING
P . O. Box 10 423
Van Nuys , CA 91 410-0 423
Prepared By:
LORIE MCAVOY
[SpaceAboveThis I2neFor RecordingData]
0 0 09 094127 0 030 05
[Doc ID #]
MORTGAGE
MIN 10 00157-0 0 04 8 97990-6
WOkDS USED OFTEN IN THIS DOCUMENT
(A) "Seturity Instrument." This document, which is dated MARCH 21, 2 0 05
Instrument" , together with all
Riders to this document, will be called the
"Borrower." "Security
(B)
MOHAMED M SHERIF
whose addressis
581 MEACHAM AVE, ELMONT, NY 110 03
sometimes will be called "Borrower" and sometimes "I"
or
"me."
"MERS" is Mortgage simply
(C) Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting
solely as a nominee for Leader and Lender's successors and assigns. MERS is organized and
existing under
the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, MI 48501-2026, tel.
(888) 679-MERS. FOR PURPOSES OF RECORDING TES MERS IS THE
MORTGAGE,
MORTGAGEE OF RECORD.
"Lender."
(D)
COUNTRYWIDE HOME LOANS, INC.
will be called "Lender." Lender is a
CORPORATION
which exists
un NE YORK . Iander's addressis
"Note."
(E) ote signed by Borrower and dated MARCH 2 1, 20 05 "Note."
, will be called the
The Note shows thatI owe Lender
TWO HUNDRED NINETY THOUSAND and 00 / 10 0
Dollars (U.S. $ 2 90 , 0 0 0 . 00 ) plus interest and other amounts that may be payable: I have
promised to pay this debt in Periodic Payments and to
pay the debt in full by APRIL 01, 2 02 5 .
NEWYORK-Single Family-Fannia Mae/ReddleMac UNIFORMINSTRUMENT
WrrH MERS
Page1of13 Inmals:
-6A(NY)(0005).04
CHL (10/D2).01(d)VMPMORTGAGE
FORMS - (800)521-729 Form30331/01
CONV/VA
* 23991*
*09094 1270000002006 A*
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
DOC ID #: 0009094127003005
(F) "Property " The property that is described below in the section titled
"Property." "Description of the Property," will
be called the
THE PREMISES ARE IMPROVED OR ARE TO BE
IMPROVED BY A ONE OR TWO
FAMILY RESIDENCE OR DWELLING ONLY.
"Loan." The "Loan"
(G) means the debt evidenced by the Note, plus
late charges due under the Note, and all sums due under interest, any prepayment charges and
this Security Instrument, plus interest
(H) "Sums Secured." The amounts described below in the section titled
"Borrower's Transfer to Leader of
Rights in the Property" sometimes will be called the "Sums Secured."
(I) "Riders." All Riders attached to this
"Riders." Secmity Instrument that are signed by Borrower will be called
The following Riders are to be signed
by Borrower [check box as applicable]:
.
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider
Biweekly Payment Rider Other(s) [specify]
EXHIBIT A
Law." All
(J) "Applicable controlling applicable federal, state and local statutes,regulations, ordinances and
administrative mles and orders (that have the effect of
law) as well as all applicable final, non-appealable,
judicial opinions will be called "Applicable Law."
(K) "Community Association Dues, Fees, and Assessments." All
dues, fees, assessmentsand other charges
that are imposed on Bonower or the
Property by a condominian association, homeowners association or
similar organization will be called
"Community Association Dues, Fees, and Assessments."
(L) "Electronic Funds Transfer." "Electronic Funds Transfer" means
any transfer of money, other than by
check, draft, or mimilar paper instmment, which is initiated through an electronic
terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or
credit an account Some common examples of an Electronic Funds
Transfer are point-of-sale transfers (where
a card such as an asset or debit card is used at a
merchant), automated teller machine (or ATM) transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse
"EscrowItems." transfers.
(M) Those items that are descdbed in Section 3 will be called "Escrow Items."
(N) "MisceHaneous Proceeds." Proceeds"
"Miscellaneous means any compensation, settlement, award of
damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined
in, and paid under the
coverage described in Section 5) for: (i) damage to, or destruction
of, the Property; (ii) Condemnation or other
taking of all or any part of the Property; (iii) conveyance in lien of Condemnation or sale to avoid
Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. A
taking of the Property by any governmental authority by eminent domain is known as "Condemnation."
(0) "Mortgage Insurance." "Mortgage Insurance" means insurance protecting Leader against the
nonpayment of, or default on, the Loan.
Payment."
(P) "Periodic The regularly scheduled amount due for (i) principal and interest under the
and (ii) any amounts under Section 3 will be called "Periodic Payment." Note,
"RESPA." "RESPA"
(Q) means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et
and its implementing regulation, Regulation X (24 C.F.R. Part seq.)
3500), as they might be amended from time to
time, or any additional or successorlegislation or regulation that govems the same subject matter. As used in
this Security Instrument, "RESPA" refers to all requirements and restrictions that
loan" are imposed in regard to a
"federally related mortgage even if the I4an does not qualify as a
"federally related mortgage
loan"
under RESPA.
BORROWER'S TRANSEER TO LENDER OF RIGBTS IN THE PROPERTY
I mortgage, grant and convey the
Property to MERS (solely as nominee for Lender and Lender's
successors in interest) and its successors in interest subject to the terms of this
Security Instmment. 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 Iander from possible losses that
might result if I fail to:
(A) Pay all the amounts that I owe Iander as stated in the Note including, but not limited
to, all renewals,
extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Iander spends onder this
Secmity Instrument to protect the value of
the Property and Lender's rights in the Property; and
(C) Keep all of my other promises and agreementsunder this
Security Instrument and the Note.
I understand and agree that MERS holds
only legal title to the rights granted by me in this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Leader and
Iander's
successorsand assigns) has the right'
(A) to exercise any or all of those rights, including, but not limited
to, the right to foreclose and sell the
Property; and
(B) to take any action required of Leader including, but not limited
to, releasing and canceling this Security
Instrument.
inmam:
-6A(NY)(0005).04 CHL(10)O2).01 Page2of13 Fonn30331/01
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
DOC ID #: 0009094127003005
DESCRIPHON OF THE PROPERTY
I give Lender rights in the
Property described in (A) through (G) below:
(A) The Property which is located at
58 1 MEACHAM AVE
ELMONT [heq
[City,TownerVillage],New York
11003-3803 [zip codel.This Property isin NASSAU
It has the following legal description County.
SEE EXHIBIT "A"
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 I have as owner of the
Property described in subsection (A) of this section.
These rights are known as "easementsand apputtenancesattached
to the Property;"
(D) All rights that I have in the land which lies in the streets or roads in front
of, or next to, the Property
described in subsection (A) of this section;
(E) All fixtures that are now or in the future will be on the
Property desen edin subsections (A) and (B) of
this section;
(F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in
the
future; and
(G) All replacements of or additions to the Property described in subsections
(B) through (F) of this section
and all insurance Proceeds for loss or damage to, and all Miscellaneous
Proceeds of the Property described in
subsections (A) through (F) of this section.
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 charges against the
Property, except for those
which are of public record.
I give a general warranty of title to Lender. This means that I will be
fully responsible for any losses
which Lender suffers because someone other than myself has some of the
rights in the Property which I
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 agreements that are used in
real property security
instmments all over the country. It also contains other promises and agreements that
vary in different parts of
the country. My promises and agreements are stated in "plain Ianguage."
COVENANTS
I promise and I agree with Iander asfollows:
L Borrower's Promise to Pay. I will
pay to Leader on time pencipal and interest due under the Note
and any prepayment, late charges and other amounts due under the Note.
I will also pay all amounts for
Escrow Items under Section 3 of this
Security Instrument.
Payments due under the Note and this
Security Instrument shall be made in U.S. currency. If any of my
payments by 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 whose deposits are insured
by a federal agency, instrumentality, or entity; or
(d) Electronic Punds Transfer.
Payments are deemed received by Leader when· received at the location
required in the Note, or at
another location designated by Leader under Section 15 of this
Security Instrument Iznder may mtarn 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 accepts a 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 payments when it accepts
such payments. If interest on principal accroes as if all Periodic
Payments had been paid when due, then
Lender need not pay interest on unapplied funds. I4nder
may hold such unapplied funds until I make
payments to bring the Ioan current. If I do not do so within a reasonable
period of time, Lender will either
-6A(NY}(0005).04 CHL(10/02).01 Page3of13 Form30331/o1
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
DOC ID # : 0 00 90 9412 70 030 05
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 Leader will relieve me from making payments due under the Note and this Security
Instmment or keeping all of my other promises and agreementssecuredby this Security Instmment.
2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this
Section 2 requires otherwise, Iander will apply each of my payments that Iander accepts in 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 Iander under Section 3 of this Security Instrument.
Such payments will be applied to eachPeriodic Payment in the order in which it became due.
Any remaining amounts will be applied as follows:
First, to pay any late charges;
Next, to pay any other amounts due under this Security Instrument; and
Next, to reduce the principal balance of the Note.
If Leader receives a 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 Payment and the late charge. If more
than one Periodic Payment is due, Leader may apply any payment received from me: First, to the repayment
of the Periodic Payments that are due if, and to the extent that, each payment can be paid in full; Next, to the
extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excessmay be applied to any late charges due.
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 Proceeds to principal due under the
Note will not extend or postpone the due date of the Periodic Payments or change the amount of those
payments.
3. Monthly Payments For Taxes And Insurance.
(a) Borrower's Obligations.
I will pay to Iander all amounts necessary to 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 Mortgage 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 payment of 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 Secmity Instrument as a Lien on the Property. Any claim,
demand or charge that is made against property becausean obligation has not been fulfilled is known as
a "Lien;"
(2) The leasehold payments or ground rents on the Property Of any);
(3) The premium for any and all insurance required by Iander under Section 5 of this Security
Instmment;
(4) The premian for Mortgage Insurance (if any);
(5) The amount I may be required to pay Leader under Section 10 of this Security Instunnent instead of
the payment of the premium for Mortgage Insurance (if any); and
(6) If required by Iander, the amount for any Community Association Dues, Fees, and Assessments.
After signing the Note, or at any time during its term, Iander may include these amounts as Escrow
Items. The monthly payment I will make for Escrow Items will be based on Iander's estimate of the annual
amount required.
I will pay all of these amounts to Lender unless Lender tells me, in writing, that I do not have to do so, or
unless Applicable Law requires otherwise. I will make these payments on the same day that my Periodic
Payments of principal and interest are due under the Note.
Funds."
The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow I
will pay lander the Escrow Funds for Escrow Items unless Iander waives my obligation to pay the Escrow
Pundsfor any or all Escrow Items. Leader may waive my obligation to pay to Iander 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 Escrow Items for which payment of Escrow Funds
has been waived by Lander and, if Lender requires, will promptly send to Iander receipts showing such
payment within such time period as Leader may require. My obligation to make such payments and to provide
receipts will be considered to be a promise and agreement contained in this Security Instrument, as the phrase
agreements"
"promises and is used in Section 9 of this Security Instmment 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 I will then be obligated under Section 9 of this Security Instrument to repay to Iander. Lender
may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 of this Security Instrument and, upon the revocation, I will pay to Iander all Escrow Funds, and in
amounts, that are then required under this Section 3.
-.ff -5
-SA(NY)(o00s).o4 CHL(10/02).01 Page4 of1a Form 30331/o1
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024
rt
DOC ID # : 00 0 90 941270 0300 5
I promise to promptly send to Leader
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 wE have to pay
assessmentsand bills and reasonable estimates of the by using existing
amount I will have to pay for Escrow Items in the
unless Applicable Law requires Lender to use another future,
method for determining the amountI am to pay.
Leader may, at any time, collect and hold
Escrow Funds in an amount sufficient to pemdt
Leader to
apply the Escrow Funds at the time specified underRESPA. 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 maimum
amount a lender could require under RESPA. If there
is another Applicable Law that imposes a lower
the total amount of Escrow Funds Lender can limit on
collect and hold, Lender will be limited to the lower
(b) Lender's Obligations. amount
Leader will keep the Escrow Funds in a savings or
federal agency, instmmentality, or banking institution which has its deposits insured by a
entity, or in any Federal Home Loan Bank. If Lender is such a
savings or
banMng institution, Lender may hold the Escrow Funds. Lender will use the
Items no later than the time allowed under RESPA or other Escrow Funds to pay the Escrow
Applicable Law. Lander wm give to me, without
charge, an annual accounting of the Escrow Funds. That will show all additions to and deductions
from the Escrow Funds and the reason for each deduction.accounting
Lender may not charge me for
holding or keeping the Escrow Funds, for using the Escrow Funds to
Escrow Items, for making a yearly analysis of pay
my payment of Escrow Funds or for receiving, or for
and totaling assessmentsand bills. verifying
However, Lender may charge me for these services if Leader 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 Esetow
Funds unless either (1) Lender and I agree in
writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law
requires Leader to pay
interest on the Escrow Ifunds.
(c) Adjustments to theEscrow 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 exceeds this
limit, then there will be an excess amount and RESPA requires
Iander to account to me in a special manner for the excessamount of
Escrow Funds.
If, at any time, Iander has not received enough Escrow Funds to make the
payments of Escrow Items
when the payments are due, Lender may tell me in
writing that an additional amount is necessary.I will pay to
Leader whatever additional amount is
necessary to pay the Escrow Items when the payments are due, but the
number of payments will not be more than 12.
When I have paid 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
water charges, sewer rents and other similar pay all taxes, assessments,
charges, and any other charges and fines that may be imposed on
the Property and that may be superior to this
Security Instrument I will also make ground rents or payments
due under my lease if 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 matring the payments as
described in Section 3 of this Security Instrument In this "Person"
Secadty Instrument, the word means any
individual, organization, govemmental authority or other party.
I will promptly pay or satisfy all Liens against the
Property that may be superior to this Security
Instmment. However, this Security Instrument does not require me to
satisfy a superior Lien if: (a) I 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 from the holder of that other Lien
an
agreement, approved in writing by Lender, that the Lien of this Secmity Instrument is superior to the
Lien held
by that Person. If Leader detennines that any part of the Property is subject to a superior
give Borrower a notice identifying the superior Lien. Within 10 Lien, Iander may
days of the date on which the notice is given,
Bonower shall pay or satisfy the superior Lien or take one or more of the
actions mentioned in this Section 4.
Leader also may require me to pay a one-time charge for an
independent real estate tax reporting service
used by Lender in connection with the Loan, unless Applicable
Law does not permit Iander to make such a
charge.
5. Borrower's Obligation to Maintain Hazard Insurance or
or property insurance to cover all buildings and other Property Insurance. I will obtain hazard
improvements that now are, or in the future will be,
located on the Property. The insurance will coverloss or damage
caused by fire, hazards normally covered by
"Extended Coverage" hazard insumnce policies, and
any other hazards for which Lender requires coverage,
including, but not limited to earthquakes and floods. The insurance will be in the amounts
limited to, deductible levels) and for the periods of time required (including, but not
by Lender. What Lender requires under the
last sentence can change during the term of the Loan. I choose
may the insurance company, but my choice is
subject to Lender's right to disapprove. Leader
may not disapprove my choice unless the disapproval is
reasonable. Leader may require me to
pay either (a) a one-time charge for flood zone determinatina,
certification a
Preview
FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 EXHIBIT E -1- FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 NASSAU COUNTY CLERK'S OFFICE ENDORSEMENT COVER PAGE Recorded Date: 04-15-2005 Record and Return To: Recorded Time: 11:06:25 a COUNTRYNIDE HOME LOANS INC MS SV-79 DOCUMENT PROCESSING Liber Book: M 28668 PO BOX 10423 Pages From: 943 VAN NUYS, CA 91410-0423 To: 957 Control Number: 11900 Ref #: CW 005126 Doc Type: M01 MORTGAGE Location: Section Block Lot Unit HEMPSTEAD (2820) 0035 00536-00 00067 Consideration Amount: 290,000.00 Taxes Total 2,875.00 Recording Totals 80.00 ERD001 Total Payment 2,955.00 THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED KAREN V. MURPHY COUNTY CLERK Klillillillillllillillilllilil III 20050t415n900 FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 After rding Retnm To: COUNTI(YWIDE HOME LOANS, INC. MS SV-7 9 DOCUMENT PROCESSING P . O. Box 10 423 Van Nuys , CA 91 410-0 423 Prepared By: LORIE MCAVOY [SpaceAboveThis I2neFor RecordingData] 0 0 09 094127 0 030 05 [Doc ID #] MORTGAGE MIN 10 00157-0 0 04 8 97990-6 WOkDS USED OFTEN IN THIS DOCUMENT (A) "Seturity Instrument." This document, which is dated MARCH 21, 2 0 05 Instrument" , together with all Riders to this document, will be called the "Borrower." "Security (B) MOHAMED M SHERIF whose addressis 581 MEACHAM AVE, ELMONT, NY 110 03 sometimes will be called "Borrower" and sometimes "I" or "me." "MERS" is Mortgage simply (C) Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Leader and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FOR PURPOSES OF RECORDING TES MERS IS THE MORTGAGE, MORTGAGEE OF RECORD. "Lender." (D) COUNTRYWIDE HOME LOANS, INC. will be called "Lender." Lender is a CORPORATION which exists un NE YORK . Iander's addressis "Note." (E) ote signed by Borrower and dated MARCH 2 1, 20 05 "Note." , will be called the The Note shows thatI owe Lender TWO HUNDRED NINETY THOUSAND and 00 / 10 0 Dollars (U.S. $ 2 90 , 0 0 0 . 00 ) plus interest and other amounts that may be payable: I have promised to pay this debt in Periodic Payments and to pay the debt in full by APRIL 01, 2 02 5 . NEWYORK-Single Family-Fannia Mae/ReddleMac UNIFORMINSTRUMENT WrrH MERS Page1of13 Inmals: -6A(NY)(0005).04 CHL (10/D2).01(d)VMPMORTGAGE FORMS - (800)521-729 Form30331/01 CONV/VA * 23991* *09094 1270000002006 A* FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 DOC ID #: 0009094127003005 (F) "Property " The property that is described below in the section titled "Property." "Description of the Property," will be called the THE PREMISES ARE IMPROVED OR ARE TO BE IMPROVED BY A ONE OR TWO FAMILY RESIDENCE OR DWELLING ONLY. "Loan." The "Loan" (G) means the debt evidenced by the Note, plus late charges due under the Note, and all sums due under interest, any prepayment charges and this Security Instrument, plus interest (H) "Sums Secured." The amounts described below in the section titled "Borrower's Transfer to Leader of Rights in the Property" sometimes will be called the "Sums Secured." (I) "Riders." All Riders attached to this "Riders." Secmity Instrument that are signed by Borrower will be called The following Riders are to be signed by Borrower [check box as applicable]: . Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] EXHIBIT A Law." All (J) "Applicable controlling applicable federal, state and local statutes,regulations, ordinances and administrative mles and orders (that have the effect of law) as well as all applicable final, non-appealable, judicial opinions will be called "Applicable Law." (K) "Community Association Dues, Fees, and Assessments." All dues, fees, assessmentsand other charges that are imposed on Bonower or the Property by a condominian association, homeowners association or similar organization will be called "Community Association Dues, Fees, and Assessments." (L) "Electronic Funds Transfer." "Electronic Funds Transfer" means any transfer of money, other than by check, draft, or mimilar paper instmment, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse "EscrowItems." transfers. (M) Those items that are descdbed in Section 3 will be called "Escrow Items." (N) "MisceHaneous Proceeds." Proceeds" "Miscellaneous means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lien of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. A taking of the Property by any governmental authority by eminent domain is known as "Condemnation." (0) "Mortgage Insurance." "Mortgage Insurance" means insurance protecting Leader against the nonpayment of, or default on, the Loan. Payment." (P) "Periodic The regularly scheduled amount due for (i) principal and interest under the and (ii) any amounts under Section 3 will be called "Periodic Payment." Note, "RESPA." "RESPA" (Q) means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et and its implementing regulation, Regulation X (24 C.F.R. Part seq.) 3500), as they might be amended from time to time, or any additional or successorlegislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that loan" are imposed in regard to a "federally related mortgage even if the I4an does not qualify as a "federally related mortgage loan" under RESPA. BORROWER'S TRANSEER TO LENDER OF RIGBTS IN THE PROPERTY I mortgage, grant and convey the Property to MERS (solely as nominee for Lender and Lender's successors in interest) and its successors in interest subject to the terms of this Security Instmment. 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 Iander from possible losses that might result if I fail to: (A) Pay all the amounts that I owe Iander as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Iander spends onder this Secmity Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreementsunder this Security Instrument and the Note. I understand and agree that MERS holds only legal title to the rights granted by me in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Leader and Iander's successorsand assigns) has the right' (A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the Property; and (B) to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. inmam: -6A(NY)(0005).04 CHL(10)O2).01 Page2of13 Fonn30331/01 FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 DOC ID #: 0009094127003005 DESCRIPHON OF THE PROPERTY I give Lender rights in the Property described in (A) through (G) below: (A) The Property which is located at 58 1 MEACHAM AVE ELMONT [heq [City,TownerVillage],New York 11003-3803 [zip codel.This Property isin NASSAU It has the following legal description County. SEE EXHIBIT "A" 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 I have as owner of the Property described in subsection (A) of this section. These rights are known as "easementsand apputtenancesattached to the Property;" (D) All rights that I have in the land which lies in the streets or roads in front of, or next to, the Property described in subsection (A) of this section; (E) All fixtures that are now or in the future will be on the Property desen edin subsections (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in the future; and (G) All replacements of or additions to the Property described in subsections (B) through (F) of this section and all insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. 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 charges against the Property, except for those which are of public record. I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which I 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 agreements that are used in real property security instmments all over the country. It also contains other promises and agreements that vary in different parts of the country. My promises and agreements are stated in "plain Ianguage." COVENANTS I promise and I agree with Iander asfollows: L Borrower's Promise to Pay. I will pay to Leader on time pencipal and interest due under the Note and any prepayment, late charges and other amounts due under the Note. I will also pay all amounts for Escrow Items under Section 3 of this Security Instrument. Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my payments by 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 whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Punds Transfer. Payments are deemed received by Leader when· received at the location required in the Note, or at another location designated by Leader under Section 15 of this Security Instrument Iznder may mtarn 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 accepts a 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 payments when it accepts such payments. If interest on principal accroes as if all Periodic Payments had been paid when due, then Lender need not pay interest on unapplied funds. I4nder may hold such unapplied funds until I make payments to bring the Ioan current. If I do not do so within a reasonable period of time, Lender will either -6A(NY}(0005).04 CHL(10/02).01 Page3of13 Form30331/o1 FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 DOC ID # : 0 00 90 9412 70 030 05 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 Leader will relieve me from making payments due under the Note and this Security Instmment or keeping all of my other promises and agreementssecuredby this Security Instmment. 2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this Section 2 requires otherwise, Iander will apply each of my payments that Iander accepts in 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 Iander under Section 3 of this Security Instrument. Such payments will be applied to eachPeriodic Payment in the order in which it became due. Any remaining amounts will be applied as follows: First, to pay any late charges; Next, to pay any other amounts due under this Security Instrument; and Next, to reduce the principal balance of the Note. If Leader receives a 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 Payment and the late charge. If more than one Periodic Payment is due, Leader may apply any payment received from me: First, to the repayment of the Periodic Payments that are due if, and to the extent that, each payment can be paid in full; Next, to the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excessmay be applied to any late charges due. 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 Proceeds to principal due under the Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments. 3. Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations. I will pay to Iander all amounts necessary to 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 Mortgage 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 payment of 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 Secmity Instrument as a Lien on the Property. Any claim, demand or charge that is made against property becausean obligation has not been fulfilled is known as a "Lien;" (2) The leasehold payments or ground rents on the Property Of any); (3) The premium for any and all insurance required by Iander under Section 5 of this Security Instmment; (4) The premian for Mortgage Insurance (if any); (5) The amount I may be required to pay Leader under Section 10 of this Security Instunnent instead of the payment of the premium for Mortgage Insurance (if any); and (6) If required by Iander, the amount for any Community Association Dues, Fees, and Assessments. After signing the Note, or at any time during its term, Iander may include these amounts as Escrow Items. The monthly payment I will make for Escrow Items will be based on Iander's estimate of the annual amount required. I will pay all of these amounts to Lender unless Lender tells me, in writing, that I do not have to do so, or unless Applicable Law requires otherwise. I will make these payments on the same day that my Periodic Payments of principal and interest are due under the Note. Funds." The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow I will pay lander the Escrow Funds for Escrow Items unless Iander waives my obligation to pay the Escrow Pundsfor any or all Escrow Items. Leader may waive my obligation to pay to Iander 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 Escrow Items for which payment of Escrow Funds has been waived by Lander and, if Lender requires, will promptly send to Iander receipts showing such payment within such time period as Leader may require. My obligation to make such payments and to provide receipts will be considered to be a promise and agreement contained in this Security Instrument, as the phrase agreements" "promises and is used in Section 9 of this Security Instmment 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 I will then be obligated under Section 9 of this Security Instrument to repay to Iander. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 of this Security Instrument and, upon the revocation, I will pay to Iander all Escrow Funds, and in amounts, that are then required under this Section 3. -.ff -5 -SA(NY)(o00s).o4 CHL(10/02).01 Page4 of1a Form 30331/o1 FILED: NASSAU COUNTY CLERK 02/15/2024 12:53 PM INDEX NO. 602563/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/15/2024 rt DOC ID # : 00 0 90 941270 0300 5 I promise to promptly send to Leader 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 wE have to pay assessmentsand bills and reasonable estimates of the by using existing amount I will have to pay for Escrow Items in the unless Applicable Law requires Lender to use another future, method for determining the amountI am to pay. Leader may, at any time, collect and hold Escrow Funds in an amount sufficient to pemdt Leader to apply the Escrow Funds at the time specified underRESPA. 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 maimum amount a lender could require under RESPA. If there is another Applicable Law that imposes a lower the total amount of Escrow Funds Lender can limit on collect and hold, Lender will be limited to the lower (b) Lender's Obligations. amount Leader will keep the Escrow Funds in a savings or federal agency, instmmentality, or banking institution which has its deposits insured by a entity, or in any Federal Home Loan Bank. If Lender is such a savings or banMng institution, Lender may hold the Escrow Funds. Lender will use the Items no later than the time allowed under RESPA or other Escrow Funds to pay the Escrow Applicable Law. Lander wm give to me, without charge, an annual accounting of the Escrow Funds. That will show all additions to and deductions from the Escrow Funds and the reason for each deduction.accounting Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to Escrow Items, for making a yearly analysis of pay my payment of Escrow Funds or for receiving, or for and totaling assessmentsand bills. verifying However, Lender may charge me for these services if Leader 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 Esetow Funds unless either (1) Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Leader to pay interest on the Escrow Ifunds. (c) Adjustments to theEscrow 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 exceeds this limit, then there will be an excess amount and RESPA requires Iander to account to me in a special manner for the excessamount of Escrow Funds. If, at any time, Iander has not received enough Escrow Funds to make the payments of Escrow Items when the payments are due, Lender may tell me in writing that an additional amount is necessary.I will pay to Leader whatever additional amount is necessary to pay the Escrow Items when the payments are due, but the number of payments will not be more than 12. When I have paid 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 water charges, sewer rents and other similar pay all taxes, assessments, charges, and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument I will also make ground rents or payments due under my lease if 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 matring the payments as described in Section 3 of this Security Instrument In this "Person" Secadty Instrument, the word means any individual, organization, govemmental authority or other party. I will promptly pay or satisfy all Liens against the Property that may be superior to this Security Instmment. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) I 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 from the holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Secmity Instrument is superior to the Lien held by that Person. If Leader detennines that any part of the Property is subject to a superior give Borrower a notice identifying the superior Lien. Within 10 Lien, Iander may days of the date on which the notice is given, Bonower shall pay or satisfy the superior Lien or take one or more of the actions mentioned in this Section 4. Leader also may require me to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with the Loan, unless Applicable Law does not permit Iander to make such a charge. 5. Borrower's Obligation to Maintain Hazard Insurance or or property insurance to cover all buildings and other Property Insurance. I will obtain hazard improvements that now are, or in the future will be, located on the Property. The insurance will coverloss or damage caused by fire, hazards normally covered by "Extended Coverage" hazard insumnce policies, and any other hazards for which Lender requires coverage, including, but not limited to earthquakes and floods. The insurance will be in the amounts limited to, deductible levels) and for the periods of time required (including, but not by Lender. What Lender requires under the last sentence can change during the term of the Loan. I choose may the insurance company, but my choice is subject to Lender's right to disapprove. Leader may not disapprove my choice unless the disapproval is reasonable. Leader may require me to pay either (a) a one-time charge for flood zone determinatina, certification a