Preview
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
EXHIBIT B
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part of the instrument. The City
Register will
rely on the information provided
by you on this page for purposes of indexing
this instrument.The information on this page
will control for indexing purposes in the event
of any conflict with the rest of the document.
2018031400724001004E4077
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 50
Document ID: 2018031400724001 Document Date: 03-05-2018 Preparation Date: 03-14-2018
Document Type: MORTGAGE
Document Page Count: 49
PRESENTER: RETURN TO:
GOLD STAR ABSTRACT, LLC PONCE BANK
1981 MARCUS AVENUE, SUITE E123 2244 WESTCHESTER AVENUE
GOL-18-9797-K BRONX, NY 10462
LAKE SUCCESS, NY 11042 ATTN: SERVICING DEPARTMENT
516-327-4500
KAVITA@TITLESR.US
PROPERTY DATA
Borough Block Lot Unit Address
BROOKLYN 3197 20 Entire Lot 94 STARR STREET
Property Type: DWELLING ONLY - 6 FAMILY
CRFN or DocumentID or
_
CROSS REFERENCE
Year_
PARTIES
DATA
Reel____ Page_ or File Number
MORTGAGOR/BORROWER: MORTGAGEE/LENDER:
94 STARR STREET LLC PONCE BANK
38 WALL STREET 2244 WESTCHESTER AVE
EAST PATCHOGUE, NY 11237 BRONX, NY 10462
FEES AF D TAXES
Mortgage : Filing Fee:
Mortgage Amount: $ 1,200,000.00 $ 0.00
Taxable Mortgage Amount: $ 1,200,000.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): $ 6,000.00 NYS Real Estate Transfer Tax:
City (Additional): $ 13,500.00 $ 0.00
Spec (Additional): $ 3,000.00 RECORDED OR FILED IN THE OFFICE
TASF: $ 0.00
O F THE CITY REGISTER OF THE
MTA: $ 3,600.00
CITY OF NEW YORK
NYCTA: $ 7,500.00
Recorded/Filed 03-15-2018 10:58
Additional MRT: $ 0.00
City Register File No.(CRFN):
TOTAL: $ 33.600.00 2018000089818
Recording Fee: $ 282.00
Affidavit Fee: $ 0.00
City Register Official Signature
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
MORTGAGE AND SECURITY AGREEMENT
Loan #:
Dated: March 5, 2018
In the amount of $ 1,200,000.00
From
Ponce Bank
having an office at:
2244 Westchester Avenue
Bronx, New York 10462
to
94 Starr Street LLC
having an office at:
38 Wall Street
East Patchogue, NY 11237
Street Address: 94 Starr Street
Brooklyn, NY 11237
County: Kings
State: New York
Block: 3197 Lot: 20
After recording, please retum to:
Ponce Bank
2244 Westchester Avenue
Bronx, New York 10462
Attn: Servicing Department
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
MORTGAGE AND SECURITY AGREEMENT (the "Mortgage"), made March
5, 2018 given by Ponce Bank a federal corporation organized and under
banking existing
the laws of the United States of America, an address at 2244 Westchester
having Ave.,
Bronx, NY 10462 ("Mortgagee") in favor of 94 Starr Street LLC having an office at 38 Wall
Street, East Patchogue, NY 11237 ("Mortgagor")
WITNESSETH:
WHEREAS, Mortgagor is the owner of, that certain parcel of real property
known as 94 Starr Street, Brooklyn, NY 11237, Kings County and State of New York, as
more particularly described in Schedule A attached hereto and made a part hereof;
WHEREAS, concurrently herewith, Mortgagor is borrowing from Mortgagee the
principal sum of $1,200,000.00 (the "Mortgage Amount") and in connection therewith,
Mortgagor has executed and delivered to Mortgagee that certain Mortgage Loan Note, dated
of even date herewith, made by Mortgagor, as borrower, in favor of Mortgagee, as lender, in
the original principal amount of $1,200,000.00 (such Mortgage Loan Note, as the same may
be hereafter amended, modified or extended, being hereinafter called the "Note")
evidencing the indebtedness of Mortgagor to Mortgagee; and
WHEREAS, to secure the payment of the indebtedness under the Note in the
Mortgage Amount, together with interest thereon at the interest rate or rates set forth in the
Note, and together with any other sums that may become due and payable hereunder or
under the Note or the other Loan Documents (as hereinafter defined), and to secure the
performance by Mortgagor of its obligations hereunder, under the Note and the other Loan
Documents, Mortgagor has agreed to execute and deliver to Mortgagee this Mortgage.
Certain Definitions
As used in this Mortgage, unless the context otherwise specifies or requires,
the following terms shall have the meanings herein specified, such definitions to be
applicable equally to the singular and to the plural forms of such terms.
"Agreements"
shall mean all agreements, contracts, certificates, instruments,
franchises, permits, licenses, plans, specifications, warranties, guarantees, and other
documents, now or hereafter entered into, and all rights therein and thereto, respecting or
pertaining to the use, occupation, construction, management or operation of the Land and
any part thereof and any Improvements or respecting any business or activity conducted at
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
the Premises or any part thereof, or relating to any of the Chattels, and all right, title and
interest of Mortgagor therein and there under, including, without limitation, the right, upon the
happening of an Event of Default hereunder, to receive and collect any sums payable to
Mortgagor there under.
"Chattels"
shall mean the Equipment, the Fixtures and the Personal Property.
"Claim"
shall mean any action, claim, counterclaim, cross-claim, cause of action,
suit, liability, demand, loss, expense, penalty, fine, judgment or other cost of any kind or
nature whatsoever, including, without limitation, all fees, costs and expenses incurred in
connection therewith of attorneys, consultants, contractors and experts.
"Code"
shall mean the Uniform Commercial Code in effect in the State of New York,
as amended from time to time.
Rate"
"Default shall mean an Interest Rate of twenty four (24%) but in no event to
exceed the maximum rate allowed by law.
"Easements"
shall mean all easements, rights-of-way or use, rights, strips and gores
of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and
powers, air rights, mineral rights and development rights, and all estates, rights, titles,
interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of
any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the
Land and/or the Improvements and the reversion and reversions, remainder and remainders,
and all land lying in the bed of any street, road or avenue, opened or proposed. in front of or
adjoining the Land, to the center line thereof and all the estates, rights, titles, interest, dower
and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand
whatsoever, both at law and in equity, of Mortgagor of, in and to the Land and/or the
Improvements and every part and parcel thereof, with the appurtenances thereto.
"Equipment" "equipment,"
shall mean all as such term is defined in Article 9 of the
Code, now owned or hereafter acquired by Mortgagor, which is used at or in connection with
the Improvements or the Land or is located thereon or therein (including, but not limited to.
all machinery, equipment, furnishing, and electronic data-processing and other office
equipment now owned or hereafter acquired by the Mortgagor and any and all additions,
substitutions and replacements of any of the foregoing), together with all attachments,
components, parts, equipment and accessories installed thereon or affixed thereto.
Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
under leases at the Premises, except to the extent that the Mortgagor shall have rights
any
or interest therein.
Default"
"Events of shall mean the events and circumstances described as such in
Section 2.01 hereof.
"Expenses"
shall mean all out-of-pocket fees, charges, costs and expenses of any
nature whatsoever incurred at any time and from time to time (whether before or after an
Event of Default) by Mortgagee in making, funding, administering or modifying the Loan, in
"workout"
negotiating or entering into any of the Loan, or in exercising or enforcing any
rights, powers and remedies provided in this Mortgage or any of the other Loan Documents,
attomeys'
including, without limitation, reasonable fees and expenses, court costs, receiver's
fees, management fees and costs incurred in the repair, maintenance and operation of, or
taking possession of, or selling, all or any part of the Mortgaged Property.
"Fixtures"
shall mean all Equipment now owned, or the ownership of which is
hereafter acquired, by Mortgagor which is so related to the Land and/or Improvements that it
is deemed fixtures or real property under the law of the particular state in which the
Equipment is located, including, without limitation, all building or construction materials
intended for construction, reconstruction, alteration or repair of or installation at the
Premises, construction equipment, appliances, machinery, plant equipment, fittings,
apparatuses, fixtures and other items now or hereafter attached to, installed in or used in
connection with (temporarily or permanently) any of the Premises, including, but not limited
to, engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler
systems, fire extinguishing apparatuses and equipment, heating, ventilating, plumbing,
laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas
and electric machinery, appurtenances and equipment, pollution control equipment, security
systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and
facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines
and equipment (whether owned individually or jointly with others, and, if owned jointly, to the
extent of the Mortgagors interest therein) and all other utilities whether or not situated in
Easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel
supply, and all other structures, together with all accessions, appurtenances, additions,
replacements, betterments and substitutions for any of the foregoing and the proceeds
"Fixtures"
thereof. Notwithstanding the foregoing, shall not include any property which
tenants are entitled to remove pursuant to leases at the Premises, except to the extent that
Mortgagor shall have any right or interest therein.
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
a
"Guarantor"
shall mean Michael Goberdhan
"Improvements"
shall mean all structures, buildings, additions, extensions,
modifications and all other improvements of any kind whatsoever, and replacements of any
of the foregoing, now or hereafter located at or upon the Land.
"Indebtedness"
shall have the meaning accorded such term in the Granting
Clause of this Mortgage.
"Intangibles" intangibles"
shall mean all "general (as such quoted term is defined
in the Code) in any way relating to the Premises, or any part thereof, and that Mortgagor
owns, including, without limitation, all intellectual property, goodwill and books and records
relating to the business operated or to be operated on the Premises or any part thereof,
together with all unearned premiums, accrued, accruing or to accrue under all insurance
policies now or hereafter obtained by Mortgagor insuring the Mortgaged Property and all
rights and interest of Mortgagor there under.
Rate"
"Interest shall have the meaning accorded such term in the Note.
"Land"
shall mean the real property described in Schedule A attached hereto and by
this reference, made a part hereof, including, without limitation, all of the air space,
easements, rights, privileges, royalties and appurtenances thereunto belonging or in
anywise appertaining thereto, and all of the estate, right, title, interest, claim or demand
whatsoever of Mortgagor therein and in the streets, alleys and ways adjacent thereto, either
at law or in equity, in possession or expectancy, now or hereafter acquired.
"Loan"
shall mean the loan from Mortgagee to Mortgagor evidenced by the Note,
which is being secured by, among other things, this Mortgage.
Documents"
"Loan shall mean this Mortgage, the Note, that certain ADA and
Environmental Indemnity dated of even date herewith, executed and delivered by Mortgagor
among others, that certain Assignment of Leases and Rents, dated of even date herewith,
executed and delivered by Mortgagor in favor of Mortgagee, that certain
Guaranty of Michael Goberdhan Michael Goberdhan, dated of even date herewith, all
Uniform Commercial Code financing statements in respect of the Mortgaged Property and all
other documents, agreements, instruments, certificates, title policies and the like securing
and/or evidencing the Mortgage Amount and other Indebtedness and/or executed and/or
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
delivered by or on behalf of the Mortgagor in connection with the closing of the Loan or at
any time thereafter.
Property"
"Mortgaged shall have the meaning accorded such term in the Granting
"A"
Clause of this Mortgage and as more particularly described in Schedule attached hereto
and made apart hereof.
"Person"
shall mean an individual, a corporation, a partnership, a joint venture, a
limited liability company, a trust, an unincorporated association, any govemmental authority
or any other entity.
Property"
"Personal shall mean all furniture, fumishings, objects of art, machinery,
goods, tools, supplies, appliances, contract rights, accounts, including, without limitation, all
bank accounts maintained by or on behalf of Mortgagor, the Impound Account (as hereafter
defined), if any, and any other accounts established pursuant to any of the Loan Documents,
accounts receivable, franchises, licenses, certificates and permits, and all other personal
property of any kind or character whatsoever (as defined in and subject to the provisions of
the Code), other than Fixtures, which are now or hereafter owned by Mortgagor and which
are located within or about the Premises, together with all accessories, replacements and
substitutions thereto or therefore and the proceeds thereof, and the right, title and interest of
Mortgagor in and to any of the Personal Property which may be subject to the lien of any
security interest, as defined in the Code, superior to the lien of this Mortgage, and all
proceeds and products of the foregoing.
Sale"
"Power of shall mean the right, power and authority of Mortgagee to sell or
cause the sale of the Mortgaged Property and/or a part or parts thereof, at a public sale or
auction, after any Event of Default and in accordance with and pursuant to Article 14 of the
Real Property Actions and Proceedings Law of the State of New York, as the same may
hereafter be modified or amended, or any successor statute or statutes, and/or under and
pursuant to any other laws or regulations now in effect and/or hereafter enacted, which
provides for and/or enables the property encumbered by a mortgage to be sold by a
mortgagee and/or its agents and/or representatives in a public and/or private non-judicial
sale.
"Premises"
shall mean, collectively, the Land and the Improvements.
All terms of this Mortgage not defined above shall have the respective meanings
accorded such terms in this Mortgage.
FILED:
. KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024
.
Preview
FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 EXHIBIT B FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument.The information on this page will control for indexing purposes in the event of any conflict with the rest of the document. 2018031400724001004E4077 RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 50 Document ID: 2018031400724001 Document Date: 03-05-2018 Preparation Date: 03-14-2018 Document Type: MORTGAGE Document Page Count: 49 PRESENTER: RETURN TO: GOLD STAR ABSTRACT, LLC PONCE BANK 1981 MARCUS AVENUE, SUITE E123 2244 WESTCHESTER AVENUE GOL-18-9797-K BRONX, NY 10462 LAKE SUCCESS, NY 11042 ATTN: SERVICING DEPARTMENT 516-327-4500 KAVITA@TITLESR.US PROPERTY DATA Borough Block Lot Unit Address BROOKLYN 3197 20 Entire Lot 94 STARR STREET Property Type: DWELLING ONLY - 6 FAMILY CRFN or DocumentID or _ CROSS REFERENCE Year_ PARTIES DATA Reel____ Page_ or File Number MORTGAGOR/BORROWER: MORTGAGEE/LENDER: 94 STARR STREET LLC PONCE BANK 38 WALL STREET 2244 WESTCHESTER AVE EAST PATCHOGUE, NY 11237 BRONX, NY 10462 FEES AF D TAXES Mortgage : Filing Fee: Mortgage Amount: $ 1,200,000.00 $ 0.00 Taxable Mortgage Amount: $ 1,200,000.00 NYC Real Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): $ 6,000.00 NYS Real Estate Transfer Tax: City (Additional): $ 13,500.00 $ 0.00 Spec (Additional): $ 3,000.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 O F THE CITY REGISTER OF THE MTA: $ 3,600.00 CITY OF NEW YORK NYCTA: $ 7,500.00 Recorded/Filed 03-15-2018 10:58 Additional MRT: $ 0.00 City Register File No.(CRFN): TOTAL: $ 33.600.00 2018000089818 Recording Fee: $ 282.00 Affidavit Fee: $ 0.00 City Register Official Signature FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 MORTGAGE AND SECURITY AGREEMENT Loan #: Dated: March 5, 2018 In the amount of $ 1,200,000.00 From Ponce Bank having an office at: 2244 Westchester Avenue Bronx, New York 10462 to 94 Starr Street LLC having an office at: 38 Wall Street East Patchogue, NY 11237 Street Address: 94 Starr Street Brooklyn, NY 11237 County: Kings State: New York Block: 3197 Lot: 20 After recording, please retum to: Ponce Bank 2244 Westchester Avenue Bronx, New York 10462 Attn: Servicing Department FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 MORTGAGE AND SECURITY AGREEMENT (the "Mortgage"), made March 5, 2018 given by Ponce Bank a federal corporation organized and under banking existing the laws of the United States of America, an address at 2244 Westchester having Ave., Bronx, NY 10462 ("Mortgagee") in favor of 94 Starr Street LLC having an office at 38 Wall Street, East Patchogue, NY 11237 ("Mortgagor") WITNESSETH: WHEREAS, Mortgagor is the owner of, that certain parcel of real property known as 94 Starr Street, Brooklyn, NY 11237, Kings County and State of New York, as more particularly described in Schedule A attached hereto and made a part hereof; WHEREAS, concurrently herewith, Mortgagor is borrowing from Mortgagee the principal sum of $1,200,000.00 (the "Mortgage Amount") and in connection therewith, Mortgagor has executed and delivered to Mortgagee that certain Mortgage Loan Note, dated of even date herewith, made by Mortgagor, as borrower, in favor of Mortgagee, as lender, in the original principal amount of $1,200,000.00 (such Mortgage Loan Note, as the same may be hereafter amended, modified or extended, being hereinafter called the "Note") evidencing the indebtedness of Mortgagor to Mortgagee; and WHEREAS, to secure the payment of the indebtedness under the Note in the Mortgage Amount, together with interest thereon at the interest rate or rates set forth in the Note, and together with any other sums that may become due and payable hereunder or under the Note or the other Loan Documents (as hereinafter defined), and to secure the performance by Mortgagor of its obligations hereunder, under the Note and the other Loan Documents, Mortgagor has agreed to execute and deliver to Mortgagee this Mortgage. Certain Definitions As used in this Mortgage, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified, such definitions to be applicable equally to the singular and to the plural forms of such terms. "Agreements" shall mean all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications, warranties, guarantees, and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted at FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 the Premises or any part thereof, or relating to any of the Chattels, and all right, title and interest of Mortgagor therein and there under, including, without limitation, the right, upon the happening of an Event of Default hereunder, to receive and collect any sums payable to Mortgagor there under. "Chattels" shall mean the Equipment, the Fixtures and the Personal Property. "Claim" shall mean any action, claim, counterclaim, cross-claim, cause of action, suit, liability, demand, loss, expense, penalty, fine, judgment or other cost of any kind or nature whatsoever, including, without limitation, all fees, costs and expenses incurred in connection therewith of attorneys, consultants, contractors and experts. "Code" shall mean the Uniform Commercial Code in effect in the State of New York, as amended from time to time. Rate" "Default shall mean an Interest Rate of twenty four (24%) but in no event to exceed the maximum rate allowed by law. "Easements" shall mean all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights, mineral rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and/or the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed. in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interest, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Mortgagor of, in and to the Land and/or the Improvements and every part and parcel thereof, with the appurtenances thereto. "Equipment" "equipment," shall mean all as such term is defined in Article 9 of the Code, now owned or hereafter acquired by Mortgagor, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to. all machinery, equipment, furnishing, and electronic data-processing and other office equipment now owned or hereafter acquired by the Mortgagor and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto. Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 under leases at the Premises, except to the extent that the Mortgagor shall have rights any or interest therein. Default" "Events of shall mean the events and circumstances described as such in Section 2.01 hereof. "Expenses" shall mean all out-of-pocket fees, charges, costs and expenses of any nature whatsoever incurred at any time and from time to time (whether before or after an Event of Default) by Mortgagee in making, funding, administering or modifying the Loan, in "workout" negotiating or entering into any of the Loan, or in exercising or enforcing any rights, powers and remedies provided in this Mortgage or any of the other Loan Documents, attomeys' including, without limitation, reasonable fees and expenses, court costs, receiver's fees, management fees and costs incurred in the repair, maintenance and operation of, or taking possession of, or selling, all or any part of the Mortgaged Property. "Fixtures" shall mean all Equipment now owned, or the ownership of which is hereafter acquired, by Mortgagor which is so related to the Land and/or Improvements that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation at the Premises, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Premises, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, plumbing, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of the Mortgagors interest therein) and all other utilities whether or not situated in Easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds "Fixtures" thereof. Notwithstanding the foregoing, shall not include any property which tenants are entitled to remove pursuant to leases at the Premises, except to the extent that Mortgagor shall have any right or interest therein. FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 a "Guarantor" shall mean Michael Goberdhan "Improvements" shall mean all structures, buildings, additions, extensions, modifications and all other improvements of any kind whatsoever, and replacements of any of the foregoing, now or hereafter located at or upon the Land. "Indebtedness" shall have the meaning accorded such term in the Granting Clause of this Mortgage. "Intangibles" intangibles" shall mean all "general (as such quoted term is defined in the Code) in any way relating to the Premises, or any part thereof, and that Mortgagor owns, including, without limitation, all intellectual property, goodwill and books and records relating to the business operated or to be operated on the Premises or any part thereof, together with all unearned premiums, accrued, accruing or to accrue under all insurance policies now or hereafter obtained by Mortgagor insuring the Mortgaged Property and all rights and interest of Mortgagor there under. Rate" "Interest shall have the meaning accorded such term in the Note. "Land" shall mean the real property described in Schedule A attached hereto and by this reference, made a part hereof, including, without limitation, all of the air space, easements, rights, privileges, royalties and appurtenances thereunto belonging or in anywise appertaining thereto, and all of the estate, right, title, interest, claim or demand whatsoever of Mortgagor therein and in the streets, alleys and ways adjacent thereto, either at law or in equity, in possession or expectancy, now or hereafter acquired. "Loan" shall mean the loan from Mortgagee to Mortgagor evidenced by the Note, which is being secured by, among other things, this Mortgage. Documents" "Loan shall mean this Mortgage, the Note, that certain ADA and Environmental Indemnity dated of even date herewith, executed and delivered by Mortgagor among others, that certain Assignment of Leases and Rents, dated of even date herewith, executed and delivered by Mortgagor in favor of Mortgagee, that certain Guaranty of Michael Goberdhan Michael Goberdhan, dated of even date herewith, all Uniform Commercial Code financing statements in respect of the Mortgaged Property and all other documents, agreements, instruments, certificates, title policies and the like securing and/or evidencing the Mortgage Amount and other Indebtedness and/or executed and/or FILED: KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 delivered by or on behalf of the Mortgagor in connection with the closing of the Loan or at any time thereafter. Property" "Mortgaged shall have the meaning accorded such term in the Granting "A" Clause of this Mortgage and as more particularly described in Schedule attached hereto and made apart hereof. "Person" shall mean an individual, a corporation, a partnership, a joint venture, a limited liability company, a trust, an unincorporated association, any govemmental authority or any other entity. Property" "Personal shall mean all furniture, fumishings, objects of art, machinery, goods, tools, supplies, appliances, contract rights, accounts, including, without limitation, all bank accounts maintained by or on behalf of Mortgagor, the Impound Account (as hereafter defined), if any, and any other accounts established pursuant to any of the Loan Documents, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever (as defined in and subject to the provisions of the Code), other than Fixtures, which are now or hereafter owned by Mortgagor and which are located within or about the Premises, together with all accessories, replacements and substitutions thereto or therefore and the proceeds thereof, and the right, title and interest of Mortgagor in and to any of the Personal Property which may be subject to the lien of any security interest, as defined in the Code, superior to the lien of this Mortgage, and all proceeds and products of the foregoing. Sale" "Power of shall mean the right, power and authority of Mortgagee to sell or cause the sale of the Mortgaged Property and/or a part or parts thereof, at a public sale or auction, after any Event of Default and in accordance with and pursuant to Article 14 of the Real Property Actions and Proceedings Law of the State of New York, as the same may hereafter be modified or amended, or any successor statute or statutes, and/or under and pursuant to any other laws or regulations now in effect and/or hereafter enacted, which provides for and/or enables the property encumbered by a mortgage to be sold by a mortgagee and/or its agents and/or representatives in a public and/or private non-judicial sale. "Premises" shall mean, collectively, the Land and the Improvements. All terms of this Mortgage not defined above shall have the respective meanings accorded such terms in this Mortgage. FILED: . KINGS COUNTY CLERK 03/01/2024 04:27 PM INDEX NO. 506232/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2024 .