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FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024
EXHIBIT D
FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024
Control Number Instrument Type
481820640 MTG
O WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
(THIS PAGE FORMS PART OF THE INSTRUMENT)
*** DO NOT ***
REMOVE
SE/4
THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT: MTG - MORTGAGE
FEE PAGES: 17 TOTAL PAGES: 17
RECORDING FEES MORTGAGE TAXES
STATUTORY CHARGE $6.00 MORTGAGE DATE 5/13/2008
RECORDING CHARGE $51.00 MORTGAGE AMOUNT $500,000.00
RECORD MGT. FUND $19.00 EXEMPT Yes
RP 5217 $0.00
TP-584 $0.00 COUNTY TAX $1,250.00
CROSS REFERENCE $0.00 YONKERS TAX $0.00
NHSCELLANEOUS $0.00
yCTIONAL 7
TOTAL FEES PAID $76.00
MTA $1,250.00
SPECIAL $0.00
TRANSFER TAXES
CONSIDERATION $0.00 TOTAL PAID $6,470.00
TAX PAID $0.00 SERIAL NUMBER: CZ10156
TRANSFER TAX # DWELLING: 1-2 Fmnily
RECORDING DATE: 7/10/2008 THE PROPERTY IS SITUATED IN
TIME: 10:53:00 WESTCHESTER COUNTY, NEW YORK IN THE:
TOWN OF HARRISON
.
W LTNESS MY HAND AND OFFICIAL SEAL
TIMOTHY C. IDONI
Record & Return to:
WESTCHESTER COUNTY CLERK FISERV LENDING SOLUTIONS
P O BOX 2590
CHICAGO, IL 60690
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NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024
.
Prepared By/Return To:
_,GON7AlF7
tD..BQ
Record and itatum To:
Fiserv Lending Solutions
P.O. 80X 2590
UKAJ,VICTOil
DEDV Chicago, IL 60690
(Space Above ThIs line For Recording Data)
HOME EQUITY LINE OF CREDIT MORTGAGE
SECTION281 OF THE
THIS SECURITY INSTRUMENTIS A CREDIT LINE MORTGAGE AS DEFINED IN
THE AGREEMENT
NEW YORK REAL PROPERTY LAW. IT SECURES AN INDEBTEONESS UNDER
"D" BELOW WHICH REFLECTS THE FACT THAT THE PARTIES REASONABLY
DEFINED IN
READVANCES. THE
CONTEMPLATE ENTERING INTO A SERIES OF ADVANCES, PAYMENTS, AND
MAXIMUM
AGREEMENT LIMITS THE AGGREGATE AMOUNT AT ANY TIME OUTSTANDING TO THE
"E" BELOW.
PRINCIPAL AMOUNT SET FORTH IN
WORDS USED OFTEN IN THIS DOCUMENT
IItstrument." This document, which is dated 13 May, 2008 , will be called the
(A) "Security
Instrument."
"Security
"Borrower." means the parties obilgated on the Debt Instrument.
(B)
"Grantor." ,
(C)
VICTOR DEDVUKAJ,.:VIOLETA DEDVUKAJ,.;
"Grantor" and sometimes "me."
will sometimes be called simply T or Grantor is the mortgagor under this
Security instrument "Lender." Lender is a national
"Lander." Wachovia banking
(D) Bank, National Associallon wtil be called
association which exists under the laws of The United States of Americe. Lenders address is Wachovia
N.C. 28288-0343.
Bank, National Assoolation, 301 South College Street, VA 0343, Charlotte,
Instrument." The open-end line of credit agreement or other credit instrurnent signed by
(E} "Debt Instrument." The Osbt
Borrower and dated 05/13/08 , will be called the "Debt
time to time up to
Instrument shows that Lender is owed, or may be owed, an amount that may vary from
at one Ilme of (U.S. $ 500000.00 )
a maximum pfincipal sum outstanding any
Periodic Payments and
(called the "Credit Limit") plus Interest and other amounts that may be payable in
in full not later than
OSI12/38 . Lender Is absolutely obligated under the terms of the
Grantor comply with the terms of
Debt Instrument to make advances to Borrower so long as Borrower and
the Debt Instrurnent and Security instrument.
"Property." The pro rty located at
(F)
8 OLD WUUbS l$lVE
HARRISON NY 10528 ("Property Address")
Property,"
"Description of the will be called the
and that is further described below In the section titled
"Property."
"Loan." The "Loan" means all amounts owed now or hereafter under the Debt Instrument, including
(G) other fees.and charges
without Ilmitation principal, interest, any prepayment charges, late charges and
Debt and also all sums due under this Security Instrument, plus Interest.
due under the Instrument,
Secured." The amounts described below In the section titled "Grantors Transfer to Lander
(H) "Sums Property" sometimes will be called the "Sums Secured."
of Rights in the
Law." All extent not preempted by federal
(1) "Applicable controlGng applicable federal law and, to the
state and local statutes, regulations, ordinances and administrative rules and orders (that have the
law,
called "Applicable
effect of law) as well as all applicable final, non-appealable, judicial opinions will be
Law."
Assessments."
Association Dues, Fees, and All dues, fees, assessments, and
(J) "Community homeowners
other charges that are imposed on Grantor or the Property by a condominium association,
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association or similar organization will be called "Community Association Dues, Fees, and Assessments?
Transfer." "Electronic Funds Transfer" means
(K) "Electronic Funds any transfer of money, other than
by check, draft, or similar paper Instrument, which is initiated through an clectronic terminaf, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authonze a financial instilution to debit
or credit an account. Some common exarnples of an Electronic Funds Transfer are point-of-sale transfers
(where a card such as an assei or deblI card is used at a merchant), autornaled teller machine (or ATM)
Iransactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
Items." Those items that aredescribed in
(L) "Escrow Section 3 will be called "Escrow Items
"Miscellaneous Proceeds." Prococds"
(M) "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 laking of all or any part of the Property; (iii) conveyance in lieu 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 govemmental authority by cminent
dornain is known as "Condemnation/
" The amounts as
(N) "Periodic Payment they become due for (i) principal, Interest and other charges
as provided for in the Debt Instrument, plus (ii) any amounis under Section 3 will be called "Periodic
Payment."
"RESPA." "RESPA" means the Real Estate Settlement Procedures Act
(0) (12 U.S.C. §2601 el seq.)
and Its Implementing regulation, Regulation X (24 C.FR. Part 3500), as they might be amended frorn time
lo time, or any additional or successor legislation or regulation that govems the same subject matter. As
used in this Security Instrument, "RESPA refers to all requirements and restrictions that are imposed in
regard to a "federally related mortgage Ioar even if the Loan does not qualify as a "federally related
mortgage loan" under RESPA.
Grantor." "Successor in Interest of Grantor" means
(P) "Successor in Interest of any party that has
laken title to the Property, whether or not that party has assumed Borrower's obligations under the Debt
instrument and/or this Security Instrument.
GRANTOR'S TRANSPER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument.
This means that, by signing this Security Instrument, I am giving Lenderthose rights that are stated in this
Security Instrument and also those rights that Applicable Lew gives to lenders who hold mortgages on
real property. I am giving Lender these rights to protect Lenderfmm possible losses that might result if:
(A) Borrower fails to pay all the amounts that are owed to Lender as stated in the Debt Instrument
including, but not Ilmited to, all future advances, renewals. extensions and inodifications of the Debt
Instrurnent, including any future advances made at a time when no indebtedness is currently secured by
this Security Instrument up to the Credit Limil provided above;
(B) Barrower or Grantor fails to pay3 with interest, any amounts that Lender spends under this Security
Instrument to protect the value of the Property and Londer's rights in the Property; and
(C) Jfail to keep all of my other promises and agreements under Inis security Instrument or Borrower fails
to keep Barrowers promises and agreements under the Debt Instrument
DESCRIPTION OF THE PROPERTY
I give Lender rights in the Property described In (A) through (G) below:
(A) The Property which Is located at
8 OLD WOODSDEVE
HARMSON NY 10528
and Parcel No. 4sz/100
This Property is in WE$M ZTER county
has the following legal description
04/o5/05 BOOK/INST: 4s0450075 PAGE:
oEED oATE:01/os/05 RECORDED:
PARCEL/TAXID #:4B2/100 TWP/BORO:TOWNSHIP OF HARRISON
BRT: WARD:
LOT:482 BLOCK: 100 MAP PLAT:
if the Property Is a multifamily (2-4 family) dwelling, then the following items are also covered by this
Security Instrurnent to the extent they are fixtures, whether they are attached to the Properly now or
become attached to the Property later building materials, appliances and goods of every nature
whatsoever now or hereafter located In, on. or used, or intended to be used in connection wilh the
Property, including, but not limited to, those for the purposes of supplying or distributing heating, conting,
electricity. gas, water, air and light, fire prevention and extinguishing apparatus, security and access
control apparatus, plurnbing, bath tubs, water heaters, water closets, sinks, ranges, sloves, ref rigerators,
dishwashers, disposals, washers, dryers, awnings, storm windows, storrn doors, screens, blinds, shades,
curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor covenngs, all of which,
including replacements and additions thereto, shall be deemed to be and remain a part of the Property
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
If the Property includes a unit in, together with an undivided interest In the common elements of, a
condominium project (the "Condominium Project") and if the owners association or other entity which acts
for the Condominium Project (the "Owners Association") holds litle to properly for the benefit or use of its
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members or shareholders, the ,3roperty also includes my interest In the Owners Association and the uses,
proceeds and benefits of my interest.
If the Property Is a part of a planned urnt development (the "PUD"), the Property also includes my interest
In the homeowners association or equivalent entity owning or managing the common areas and facilities
of the PUD (the "Owners Association") and the uses, benefits and proceeds of my Interest.
(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 Property;"
subsection (A) of this
section. These rights are known as "easements and appurtenances attached to the
(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 described in subsections (A) and (B) of
this section;
(F) All of the dghts 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.
GRANTOR'S RIGHT To MORTGAGE THE PROPERTY AND GRANTOR'S OBLIGATION TO DEFEND
OWNERSHIP OF THE PROPERTY
I promise that: (A) I fawfully 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 securily
instruments 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 language."
UNIFORM COVENANTS. Grantor and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment and Other Charges. Barrower shall
pay when due the principal of, and Interest on, the debt evidenced by the Debt Instrument and any
prepayment charges, late charges and other charges due under the Debt Instrument. Borrower shall also
pay funds for Escrow Items pursuant to Section 3. Payments due under the Debt Instrument and this
Security Instrument shall be made in U.S. currency. However, if any check or other instrument received
by Lender as payment under the Debt Instrument or this Security Instrument Is returned to Lender unpaid,
Lender may require that any or ell subsequent payments due under the Debt Instrument and this Security
Instrument be made In one or more of the following forms, as selected by Lender. (s) cash; (b) money
order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is
drawn upon an Institution whose deposlls are insured by a federal agency, instrumentality, or entity; or (d)
Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in (or in accordance
with) the Debt Instrument or at such other iocation as may be designated by Lender In accordance with
the nolice provisions in Section 14. Subject to Applicable Law, Lender may retum any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future. Payments
shall be applied as perrnitted by applicable law and as provided in the Debt Instrument.
2. Application of Payrnents or Proceeds. Unless other procedures are set forth in the Debt
Instrument or Applicable Law and as otherwise described In this Section 2, the following provisions in this
Section 2 shall govem the application of payments and proceeds with respect to the Loan. All payments
accepted and applied by Leader shall be applied in the following order of priority: (e) interest due under
the Debt Instrument; (b) principal due under the Debt Instrument; (c) amounts due under Section 3. Such
payments shalt be applied to each Periodic Payment in the order in which it became due. Any remaining
amounts shall be applied first to late charges. second to any other amounts due under this Security
Instrument, and then to reduce the principal balance of the Debt Instrument.
If Lender receives a payment from Borrower for a delInquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late
charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid
in full. To the extent that any excess exists after the payment is applied to Ihe full payment of one or
more Periodic Payments, such excess may be appiled to any late charges and other charges due.
Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Debt instrument.
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Unless other procedures are set forth in the Debt instrument, any application of payments, insurance
proceeds, or Miscellaneous Proceeds to principal due under the Debt Instrument shall not extend or
postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. The Lender does not require or provide for escrow at the time this
shall apply only if at any time
Security Instrument is signed. Accordingly, the prnvisions of this Section 3
Escrow 1tern, as described below and including any Community Association Duos, Fees, and
any will
Assessments, is not paid when due, and Lender gives Borrower notice that these provisions
thereafter apply. Until such notice is provided, Borrower shall have no obligation under this Section 3.
When the escrow is established, Barrower shall pay to Londer for deposit in an escrow account such
amounts (the "Funds") as permitted by applicable law. Thereafter, Borrower shall pay to Lander on the
Instrument is paid in full, a sum
day Periodic Payments are due under the Debt Instrument, until the Debt
to be added to the Funds to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security instrument as a Ilen or encumbrance on the
Property: (b) leasehold payments or ground rents on the Property, if any; and (c) premiums for any and all
Items.'
insurance required by Lander under Section 5. These Items are called *Escrow Lender may
require that Community Association Dues, Fees, and Assessments. If any, be escrowed by Borrower, and
such Community Association Duas, Fees, and Assessments shall be an Escrow Item. Grantor or
Borrower shall promptly fumish to Lander oil notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender wolves Borrower's ubligation to pay the
Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for
of such waiver,
any or all Escrow items at any time. Any such waiver may only De in writing. In the event
Barrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts
make
evidencing such payment within such time period as Lender may require. Borrower's obligation to
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement
agreement" is used in Section 9. If
contained in this Security Instrument, as the phrase "covenant and
Borrower is obligated lo pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due lor an Escrow Item, Lander may exercise its rights under Section 9 and pay such amount
and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lander may
revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
14 and, upon such revocation, Barrower shall pay 10 Lender all Famds, and In such amounts, that are then
required under this Section 3.
Londer may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, if appilcable, and (b) not to exceed the maximum amount a
lender can require under RESPA, If applicable. Lender shall estimate the arnount of Funds due on the
basis of current data and reasonable ostimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an Institution whose deposits are insured by a federal agency, Instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so Insured) or in any Federal
Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no tater than the time specified
under RESPA, if applicable. Lender shall not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a char0s. Unless an agreement
Is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be
required to pay Borrower any interest or eamings on the Funds. Borrower and Lendor can agree in
writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds as required by RESPA, if applicable.
If there is a surplus of Funds held in escrow. as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA, if applicable. If RESPA is applicable and there is a
shortage of Funds held In escrow. as defined under RESPA. Londer shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance
with RESPA, but in no more than 12 monthly payments. II RESPA Is applicable and there is a deficiency
of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,
and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payrnent in full of all sums secured by this Security Instrument Lender shall promptly refund to
Barrower any Funds held by Lender.
4. Charges; Liens, Grantor shall pay all taxes. assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any.
To the extent that these items are Escrow Items, they shall be paid in the manner provided in Section 3, if
Borrower is obligated to do so under Section 3.
Grantor shall promptly discharge any lien which has priority over this Security Instrument unless: (a) such
Ilen was disclosed on the application for the Loan that Borrower provided to Lender or Grantor agrees m
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so
long as Grantor is performing such agreement; (b) Grantor contests the lien in good faith by, or defends
against enforcernent of the lien in, legal procccdings which in Lenders opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) Grantor secures from the holder of the Ilen an agreement satisfactory 10 Lender
subordinating the lien to this Security Instrument. If Lender determines thal any part af the Property is
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subject to a lien that cdn attain priority over this Security Instrument and which was not disclosed on the
application for the Loan that Borrower provided to Lender, Lender may give Grantor a notice identifying
the lien. Within 10 days of the date on whIch that notice Is given, Grantor shall satisfy the lien or take one
or more of the actions satisfactory to Lender set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate lax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Grantor shall keep the improvements now existing or hereafter erected on the
coverage,'
Property insured against loss by fire, hazards included within the term "extended and any
other hazards including, but not lirnited to, earthquakes and floods, for which Lander requires insurance.
If the Property is a multifamily (2-4 family) dwelling, Grantor shall also maintain insurance against rent
toss. All such property insurance shall be maintained in the amounts (including deductible levels) and for
the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loon. The insurance carrier providing the insurance shall be chosen by Grantor
subject to Lenders right to disapprove Grantors choice, which right shall not be exercised unreasonably.
Lender may require Borrower to pay, in connection with this Loan, either (a) a one-time charge for flood
zone determination, certification and tracking services; (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification; or (c) cost of flood zone search only collected
at time of closing. Borrower shall also be responsible for the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Grantor.
If Grantor fails to maIntain any of the coverages described above, Lander may obtain insurance coverage,
at Leaders option and Barrowers expense. Lander is under no obligation to purchase any particular type
or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Grantor, Grantors equity in the Property, or the contents of the Property, against any dsk, hazard or
liability and might provide greater or lesser coverage than was previously in efted. Borrower
acknowledges that the cost of the insurance coverage so obtained might significently exceed the cost of
insurance that Grantor could have obtained. Any amounts disbursed by Lender under this Section 5 shall
becorne additional debt of Borrower secured by this Security Instrument. These amounts shall bear
interest at the rate applicable to the Debt Instrument from time to lime, from the date of disbursement and
shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee and Grantor further agrees to generally assign rights to
insurance proceeds to the holder of the Debt Instrument up to Ihe amount of the outstanding loan
balance. If Lender requires, Grantor shall promptly give to Lander copies of all policies, renewal
certificates, receipts of paid premiums and renewal notices. If Grantor obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional
loss payee and Grantor further agrees to generally assign rights to insurance proceeds to the holder of
the Debt Instrument up to the arnount of the outstanding loan balance.
In the event of foss and subject to the rights of any lienholder with rights to insurance proceeds that are
superior to Lenders rights, the following provisions In this Section 5 shall apply. Grantor shall give
prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly
by Grantor. Unless Lender and Grantor otherwise agree in writing, any insurance proceeds, whether or
not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lander's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration In a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid
on such insurance proceeds, Lender shall not be required to pay any interest or eamings on such
proceeds, Fees for public adjusters, or other third parties, retained by Grantor shall not be paid out of the
insurance proceeds and shall be the sole obligation of Grantor. If the restoration or repair is not
economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to
the sums secured by this Secudty Instrument, whether or not then due, with the excess, if any, paid to
Grantor. Such insurance proceeds shall be applied in the order provided for In Section 2.
If Grantor abandons the Property, Lander may file, negotiate and settle any available insurance claim and
related matters, If Grantor does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period
wiH begin when the notice is given. In either event, or iI Lender acquires the Property under Section 21 or
otherwise, Grantor hereby assigns to Lender (a) Grantors rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Debi Instrument or this Security Instrument, and (b) any
other of Grantors rights (other than the right to any refund of unearned premiums paid by Grantor) under
all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Debt Instrument or this Security Instrument, whether or not then due, subject
to the rights of any ilenholder with rights to insurance proceeds that are superior to Lenders rights.
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FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024
6. Occupancy. Unless Grantor is a corporation, association or partnership, Grantor shall occupy,
establish, and use the Property as Grantors principal residence within 60 days after the execution of this
Security Instrument and shall continue to occupy the Property as Grantor's principal residence for at least
one year after the date of occupancy, unless (a) Borrower has disclosed on the application for the Loan
that Borrower provided to Lender that the Propedy shall not be Grantors principal residence; (b) Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld; or (c) unless extenuating
Preview
FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 EXHIBIT D FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 Control Number Instrument Type 481820640 MTG O WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) *** DO NOT *** REMOVE SE/4 THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT: MTG - MORTGAGE FEE PAGES: 17 TOTAL PAGES: 17 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $6.00 MORTGAGE DATE 5/13/2008 RECORDING CHARGE $51.00 MORTGAGE AMOUNT $500,000.00 RECORD MGT. FUND $19.00 EXEMPT Yes RP 5217 $0.00 TP-584 $0.00 COUNTY TAX $1,250.00 CROSS REFERENCE $0.00 YONKERS TAX $0.00 NHSCELLANEOUS $0.00 yCTIONAL 7 TOTAL FEES PAID $76.00 MTA $1,250.00 SPECIAL $0.00 TRANSFER TAXES CONSIDERATION $0.00 TOTAL PAID $6,470.00 TAX PAID $0.00 SERIAL NUMBER: CZ10156 TRANSFER TAX # DWELLING: 1-2 Fmnily RECORDING DATE: 7/10/2008 THE PROPERTY IS SITUATED IN TIME: 10:53:00 WESTCHESTER COUNTY, NEW YORK IN THE: TOWN OF HARRISON . W LTNESS MY HAND AND OFFICIAL SEAL TIMOTHY C. IDONI Record & Return to: WESTCHESTER COUNTY CLERK FISERV LENDING SOLUTIONS P O BOX 2590 CHICAGO, IL 60690 FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 . Prepared By/Return To: _,GON7AlF7 tD..BQ Record and itatum To: Fiserv Lending Solutions P.O. 80X 2590 UKAJ,VICTOil DEDV Chicago, IL 60690 (Space Above ThIs line For Recording Data) HOME EQUITY LINE OF CREDIT MORTGAGE SECTION281 OF THE THIS SECURITY INSTRUMENTIS A CREDIT LINE MORTGAGE AS DEFINED IN THE AGREEMENT NEW YORK REAL PROPERTY LAW. IT SECURES AN INDEBTEONESS UNDER "D" BELOW WHICH REFLECTS THE FACT THAT THE PARTIES REASONABLY DEFINED IN READVANCES. THE CONTEMPLATE ENTERING INTO A SERIES OF ADVANCES, PAYMENTS, AND MAXIMUM AGREEMENT LIMITS THE AGGREGATE AMOUNT AT ANY TIME OUTSTANDING TO THE "E" BELOW. PRINCIPAL AMOUNT SET FORTH IN WORDS USED OFTEN IN THIS DOCUMENT IItstrument." This document, which is dated 13 May, 2008 , will be called the (A) "Security Instrument." "Security "Borrower." means the parties obilgated on the Debt Instrument. (B) "Grantor." , (C) VICTOR DEDVUKAJ,.:VIOLETA DEDVUKAJ,.; "Grantor" and sometimes "me." will sometimes be called simply T or Grantor is the mortgagor under this Security instrument "Lender." Lender is a national "Lander." Wachovia banking (D) Bank, National Associallon wtil be called association which exists under the laws of The United States of Americe. Lenders address is Wachovia N.C. 28288-0343. Bank, National Assoolation, 301 South College Street, VA 0343, Charlotte, Instrument." The open-end line of credit agreement or other credit instrurnent signed by (E} "Debt Instrument." The Osbt Borrower and dated 05/13/08 , will be called the "Debt time to time up to Instrument shows that Lender is owed, or may be owed, an amount that may vary from at one Ilme of (U.S. $ 500000.00 ) a maximum pfincipal sum outstanding any Periodic Payments and (called the "Credit Limit") plus Interest and other amounts that may be payable in in full not later than OSI12/38 . Lender Is absolutely obligated under the terms of the Grantor comply with the terms of Debt Instrument to make advances to Borrower so long as Borrower and the Debt Instrurnent and Security instrument. "Property." The pro rty located at (F) 8 OLD WUUbS l$lVE HARRISON NY 10528 ("Property Address") Property," "Description of the will be called the and that is further described below In the section titled "Property." "Loan." The "Loan" means all amounts owed now or hereafter under the Debt Instrument, including (G) other fees.and charges without Ilmitation principal, interest, any prepayment charges, late charges and Debt and also all sums due under this Security Instrument, plus Interest. due under the Instrument, Secured." The amounts described below In the section titled "Grantors Transfer to Lander (H) "Sums Property" sometimes will be called the "Sums Secured." of Rights in the Law." All extent not preempted by federal (1) "Applicable controlGng applicable federal law and, to the state and local statutes, regulations, ordinances and administrative rules and orders (that have the law, called "Applicable effect of law) as well as all applicable final, non-appealable, judicial opinions will be Law." Assessments." Association Dues, Fees, and All dues, fees, assessments, and (J) "Community homeowners other charges that are imposed on Grantor or the Property by a condominium association, 1 (cS00HowYods Maragage (Rev06) 537075 FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 association or similar organization will be called "Community Association Dues, Fees, and Assessments? Transfer." "Electronic Funds Transfer" means (K) "Electronic Funds any transfer of money, other than by check, draft, or similar paper Instrument, which is initiated through an clectronic terminaf, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authonze a financial instilution to debit or credit an account. Some common exarnples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an assei or deblI card is used at a merchant), autornaled teller machine (or ATM) Iransactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. Items." Those items that aredescribed in (L) "Escrow Section 3 will be called "Escrow Items "Miscellaneous Proceeds." Prococds" (M) "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 laking of all or any part of the Property; (iii) conveyance in lieu 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 govemmental authority by cminent dornain is known as "Condemnation/ " The amounts as (N) "Periodic Payment they become due for (i) principal, Interest and other charges as provided for in the Debt Instrument, plus (ii) any amounis under Section 3 will be called "Periodic Payment." "RESPA." "RESPA" means the Real Estate Settlement Procedures Act (0) (12 U.S.C. §2601 el seq.) and Its Implementing regulation, Regulation X (24 C.FR. Part 3500), as they might be amended frorn time lo time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESPA refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage Ioar even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Grantor." "Successor in Interest of Grantor" means (P) "Successor in Interest of any party that has laken title to the Property, whether or not that party has assumed Borrower's obligations under the Debt instrument and/or this Security Instrument. GRANTOR'S TRANSPER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, I am giving Lenderthose rights that are stated in this Security Instrument and also those rights that Applicable Lew gives to lenders who hold mortgages on real property. I am giving Lender these rights to protect Lenderfmm possible losses that might result if: (A) Borrower fails to pay all the amounts that are owed to Lender as stated in the Debt Instrument including, but not Ilmited to, all future advances, renewals. extensions and inodifications of the Debt Instrurnent, including any future advances made at a time when no indebtedness is currently secured by this Security Instrument up to the Credit Limil provided above; (B) Barrower or Grantor fails to pay3 with interest, any amounts that Lender spends under this Security Instrument to protect the value of the Property and Londer's rights in the Property; and (C) Jfail to keep all of my other promises and agreements under Inis security Instrument or Borrower fails to keep Barrowers promises and agreements under the Debt Instrument DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described In (A) through (G) below: (A) The Property which Is located at 8 OLD WOODSDEVE HARMSON NY 10528 and Parcel No. 4sz/100 This Property is in WE$M ZTER county has the following legal description 04/o5/05 BOOK/INST: 4s0450075 PAGE: oEED oATE:01/os/05 RECORDED: PARCEL/TAXID #:4B2/100 TWP/BORO:TOWNSHIP OF HARRISON BRT: WARD: LOT:482 BLOCK: 100 MAP PLAT: if the Property Is a multifamily (2-4 family) dwelling, then the following items are also covered by this Security Instrurnent to the extent they are fixtures, whether they are attached to the Properly now or become attached to the Property later building materials, appliances and goods of every nature whatsoever now or hereafter located In, on. or used, or intended to be used in connection wilh the Property, including, but not limited to, those for the purposes of supplying or distributing heating, conting, electricity. gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plurnbing, bath tubs, water heaters, water closets, sinks, ranges, sloves, ref rigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storrn doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor covenngs, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." If the Property includes a unit in, together with an undivided interest In the common elements of, a condominium project (the "Condominium Project") and if the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds litle to properly for the benefit or use of its 537D75 (Rev06) 2 NunYwkopen-End (05'07) Mongnge FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 members or shareholders, the ,3roperty also includes my interest In the Owners Association and the uses, proceeds and benefits of my interest. If the Property Is a part of a planned urnt development (the "PUD"), the Property also includes my interest In the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of my Interest. (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 Property;" subsection (A) of this section. These rights are known as "easements and appurtenances attached to the (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 described in subsections (A) and (B) of this section; (F) All of the dghts 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. GRANTOR'S RIGHT To MORTGAGE THE PROPERTY AND GRANTOR'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (A) I fawfully 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 securily instruments 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 language." UNIFORM COVENANTS. Grantor and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment and Other Charges. Barrower shall pay when due the principal of, and Interest on, the debt evidenced by the Debt Instrument and any prepayment charges, late charges and other charges due under the Debt Instrument. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Debt Instrument and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Debt Instrument or this Security Instrument Is returned to Lender unpaid, Lender may require that any or ell subsequent payments due under the Debt Instrument and this Security Instrument be made In one or more of the following forms, as selected by Lender. (s) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an Institution whose deposlls are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in (or in accordance with) the Debt Instrument or at such other iocation as may be designated by Lender In accordance with the nolice provisions in Section 14. Subject to Applicable Law, Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. Payments shall be applied as perrnitted by applicable law and as provided in the Debt Instrument. 2. Application of Payrnents or Proceeds. Unless other procedures are set forth in the Debt Instrument or Applicable Law and as otherwise described In this Section 2, the following provisions in this Section 2 shall govem the application of payments and proceeds with respect to the Loan. All payments accepted and applied by Leader shall be applied in the following order of priority: (e) interest due under the Debt Instrument; (b) principal due under the Debt Instrument; (c) amounts due under Section 3. Such payments shalt be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges. second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Debt Instrument. If Lender receives a payment from Borrower for a delInquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to Ihe full payment of one or more Periodic Payments, such excess may be appiled to any late charges and other charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Debt instrument. (Rev06) 537075 3 Mor103D8 (05/00NamYoikOpen-End FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 Unless other procedures are set forth in the Debt instrument, any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Debt Instrument shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. The Lender does not require or provide for escrow at the time this shall apply only if at any time Security Instrument is signed. Accordingly, the prnvisions of this Section 3 Escrow 1tern, as described below and including any Community Association Duos, Fees, and any will Assessments, is not paid when due, and Lender gives Borrower notice that these provisions thereafter apply. Until such notice is provided, Borrower shall have no obligation under this Section 3. When the escrow is established, Barrower shall pay to Londer for deposit in an escrow account such amounts (the "Funds") as permitted by applicable law. Thereafter, Borrower shall pay to Lander on the Instrument is paid in full, a sum day Periodic Payments are due under the Debt Instrument, until the Debt to be added to the Funds to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a Ilen or encumbrance on the Property: (b) leasehold payments or ground rents on the Property, if any; and (c) premiums for any and all Items.' insurance required by Lander under Section 5. These Items are called *Escrow Lender may require that Community Association Dues, Fees, and Assessments. If any, be escrowed by Borrower, and such Community Association Duas, Fees, and Assessments shall be an Escrow Item. Grantor or Borrower shall promptly fumish to Lander oil notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender wolves Borrower's ubligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for of such waiver, any or all Escrow items at any time. Any such waiver may only De in writing. In the event Barrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts make evidencing such payment within such time period as Lender may require. Borrower's obligation to such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement agreement" is used in Section 9. If contained in this Security Instrument, as the phrase "covenant and Borrower is obligated lo pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due lor an Escrow Item, Lander may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lander may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Barrower shall pay 10 Lender all Famds, and In such amounts, that are then required under this Section 3. Londer may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, if appilcable, and (b) not to exceed the maximum amount a lender can require under RESPA, If applicable. Lender shall estimate the arnount of Funds due on the basis of current data and reasonable ostimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, Instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so Insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no tater than the time specified under RESPA, if applicable. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a char0s. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lendor can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, if applicable. If there is a surplus of Funds held in escrow. as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA, if applicable. If RESPA is applicable and there is a shortage of Funds held In escrow. as defined under RESPA. Londer shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. II RESPA Is applicable and there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payrnent in full of all sums secured by this Security Instrument Lender shall promptly refund to Barrower any Funds held by Lender. 4. Charges; Liens, Grantor shall pay all taxes. assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, they shall be paid in the manner provided in Section 3, if Borrower is obligated to do so under Section 3. Grantor shall promptly discharge any lien which has priority over this Security Instrument unless: (a) such Ilen was disclosed on the application for the Loan that Borrower provided to Lender or Grantor agrees m writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Grantor is performing such agreement; (b) Grantor contests the lien in good faith by, or defends against enforcernent of the lien in, legal procccdings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) Grantor secures from the holder of the Ilen an agreement satisfactory 10 Lender subordinating the lien to this Security Instrument. If Lender determines thal any part af the Property is 537075 (Rev06) 4 (05137) Melgave NunYHkOpomEnd FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 subject to a lien that cdn attain priority over this Security Instrument and which was not disclosed on the application for the Loan that Borrower provided to Lender, Lender may give Grantor a notice identifying the lien. Within 10 days of the date on whIch that notice Is given, Grantor shall satisfy the lien or take one or more of the actions satisfactory to Lender set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate lax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Grantor shall keep the improvements now existing or hereafter erected on the coverage,' Property insured against loss by fire, hazards included within the term "extended and any other hazards including, but not lirnited to, earthquakes and floods, for which Lander requires insurance. If the Property is a multifamily (2-4 family) dwelling, Grantor shall also maintain insurance against rent toss. All such property insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loon. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lenders right to disapprove Grantors choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either (a) a one-time charge for flood zone determination, certification and tracking services; (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification; or (c) cost of flood zone search only collected at time of closing. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Grantor. If Grantor fails to maIntain any of the coverages described above, Lander may obtain insurance coverage, at Leaders option and Barrowers expense. Lander is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Grantor, Grantors equity in the Property, or the contents of the Property, against any dsk, hazard or liability and might provide greater or lesser coverage than was previously in efted. Borrower acknowledges that the cost of the insurance coverage so obtained might significently exceed the cost of insurance that Grantor could have obtained. Any amounts disbursed by Lender under this Section 5 shall becorne additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the rate applicable to the Debt Instrument from time to lime, from the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee and Grantor further agrees to generally assign rights to insurance proceeds to the holder of the Debt Instrument up to Ihe amount of the outstanding loan balance. If Lender requires, Grantor shall promptly give to Lander copies of all policies, renewal certificates, receipts of paid premiums and renewal notices. If Grantor obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Grantor further agrees to generally assign rights to insurance proceeds to the holder of the Debt Instrument up to the arnount of the outstanding loan balance. In the event of foss and subject to the rights of any lienholder with rights to insurance proceeds that are superior to Lenders rights, the following provisions In this Section 5 shall apply. Grantor shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Grantor. Unless Lender and Grantor otherwise agree in writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lander's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay any interest or eamings on such proceeds, Fees for public adjusters, or other third parties, retained by Grantor shall not be paid out of the insurance proceeds and shall be the sole obligation of Grantor. If the restoration or repair is not economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Secudty Instrument, whether or not then due, with the excess, if any, paid to Grantor. Such insurance proceeds shall be applied in the order provided for In Section 2. If Grantor abandons the Property, Lander may file, negotiate and settle any available insurance claim and related matters, If Grantor does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period wiH begin when the notice is given. In either event, or iI Lender acquires the Property under Section 21 or otherwise, Grantor hereby assigns to Lender (a) Grantors rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Debi Instrument or this Security Instrument, and (b) any other of Grantors rights (other than the right to any refund of unearned premiums paid by Grantor) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Debt Instrument or this Security Instrument, whether or not then due, subject to the rights of any ilenholder with rights to insurance proceeds that are superior to Lenders rights. 537075 (Rev06) S (053DNewYorkOpen-E ndf,knigage FILED: WESTCHESTER COUNTY CLERK 04/11/2024 01:41 PM INDEX NO. 50433/2015 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 04/11/2024 6. Occupancy. Unless Grantor is a corporation, association or partnership, Grantor shall occupy, establish, and use the Property as Grantors principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Grantor's principal residence for at least one year after the date of occupancy, unless (a) Borrower has disclosed on the application for the Loan that Borrower provided to Lender that the Propedy shall not be Grantors principal residence; (b) Lender otherwise agrees in writing, which consent shall not be unreasonably withheld; or (c) unless extenuating