On April 15, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Newrez Llc D B A Shellpoint Mortgage Servicing,
and
Board Of Managers Of The Brightwater Towers Condominium,
Galina S. Zhabotinsky
A K A Galina Squitieri-Zhabotinsky,
John Doe #1 Through John Doe #12
The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,,
New York City Environmental Control Board,
New York City Transit Adjudication Bureau,
Vyacheslav Zhabotinsky,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024
CONSOLIDATED NOTE
This Note amends and restates in their entirety, and is given in substitution for,
the Notes described in Exhibit A of the New York Consolidation, Extension,
and Modification Agreement dated the same date as this Nets.
August 14, 2009 Brooldyn, New York
atc] [City]
501 Surf Avenue, Unit 18H, PS 608, Brooklyn, New York 11224
Ipoperty Addm]
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $287 000.00 (this amount is called
plus interest, to the order of the Ionder. The Lender is JPMORGAN CHASE BANK, NA. Iwill
"Principal"),
make all payments under this Note in the form of cash, check or money order.
I understand that the Leader transfer this Note. The Lender or anyone who takes this Note by
may
transfer and who is entitled to receive payments under this Note is called the "Note Holder
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. Iwill pay
interest at a yearly rate of 5.o0o0
The interest rate required this Section 2 is the rate I will pay both before and after any default
by
described in Section 6 (B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will principal and interest by making a payment every month.
pay
I will make payment on the first of each month beginning on October 1, 2009. I will
my monthly day
make these payments month until I have paid all of the principal and interest and any other charges
every
described below that owe under this Note. Each paymmt will be applied as of its scheduled
Imay monthly
due date and will be applied to interest before Principal. If, on september1, 20s0 I still owe amounts under
Date."
this Note, I will those amounts in full on that date, which is called the "Maturity
pay
I will make my monthly payments at P.O. Box 78410, Phoenix, AZ B5062-8420 or at a different place if
required by the Note Holder,
(B) Ainount of Monthly Payments
payment will be in the amount of U.S. $1,594.37.
My monthly
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal
"Prepayment." Holder
is known as a When I make a Prepayment, I will tell the Note in writing that I
only
am so. I may not designate a payment as a Papayment if Ihave not made all the monthly payments
doing
due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
will use to reduce the amount of Principal that I owe under this Note.
Holder my Prepayments However,
the Note Holder my Prepayment to the accrued and unpaid interest on the Prepayment amount,
may apply
before my Prepayment to reduce the Principal amount of thcNote. If Imake a partial Papayment,
applying
NEw YORK IUXED RATE NOFE 41[ngle Pamily-Fammie Mae/Freddle Mae UNIFORM WSTRUMENT Ferm 3233 1/91
FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024
there will fe no changes in the due date or in the amount of my monthly payment unless the Note Holder
agreenin writing to those changes.
'
5. LOAN CHA1(GES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with this loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected fiom me which exceeded permitted limits
will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe
under this Note or by making a direct payment to me. If a refhad teduces Principal, the reduction will be
treated as a partial Prepayment
6. BORTOWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will a late charge to the Note Holder. The amount of the charge will be
pay
2.con% of my overdue payment of principal and interest. I will pay this late charge promptly but anly once
on each late payment.
(B) Default
If I do not the full amount of each payment on the date it is due, I will be in default.
pay monthly
. (C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date3 the Note Holder may require me to pay immediately the full amount of
Principal which has not been paid and all the interest thatI owe on that amount. nat date must be at least
30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Walver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full
as described above, the Note Holder will still have the right to do so if I am in default at a later time.
Payment of Note Holder's Costs and Expenses
(E)
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
to the extent not
have the right to be paid back by me for all of its costs and expenses in enforcing this Note
attomeys'
prohibited applicable law. Those expenses include, for example, reasonable fees.
by
7. GIVING OF NOTICES
Unless Applicable Iaw requires a different method, any notice that mustbe givento me underthis Note
will be given it or by mailing it by first class mail to me at the Paperty Address above or at
by delivering
a different address if I give the Note Holder a notice of my different address.
notice that must be given to the Note Holder under this Note will be given by mailing it by first
Any
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, the promise to pay the full amount owed. Any person who is a
including
surety or endorser of this Note is also obligated to do these things. Any person who takes over
guarantor,
these the obligations of a guarantor, surety or endorser of thisNote, is also obligated
obligations, including
to keep all of the promises made in this Note. ne Note Holder may enforce its rights under this Note
against each or against all ofus together. This means that any one ofus may be required
personindividually
to pay all of the amounts owed under this Note.
NEw YORK FIXED RATE NOTE -81ngle Family-Fsanle Maemeddie Mae UMPORM INSTR.TJMENT Form 3233U01
FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024
9. WAI ERS
I and other person who has obligations under this Note waive the rights of Presentment and Notice
any
"Presentin nt"
of Dishonor. means the right to require theNoteHolder to demand paymentofamounts due.
dishonor" persons
"Notice of means the right to require the Note Holder to give notice to other that amounts
due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses
which might resuh if I do not keep the pmmises which I make in this Note. That Security Instmment
describes how and under what conditions I may be required to make immediate payment in full of all
amounts I.owe under this Note. Some of those conditiom are described as follows:
Leader require immediate payment in full of all Sums Secured by this Security Instrument
may
ifall or any part ofthe Pmperty, orif any right in the Property, is sold or transferred without Lender's
prior written permission. If Bormwer is not a natural person and a beneficial interest in Barrower
is sold or transferred without Leader's prior written permission, Leader also may requim immediate
payment infull. However, this option shall not be exercised by Lender if such exercise is pmhibited
by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Leader will give me a notice
which· states requirement. The notice will give me at least 30 days to make the required
this
payment The period will begin on the date the notice is give to me in the manner required
30-day
Section 15 of this Security Instrument. If I do not make the required payment during that period,
by
Leader may act to enforce its rights under this Security Instrument without giving me any further
notice or demand for payment
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
S. ZHABOTINSKY AtlÚA ilÓLINA SQUITIERI -Borrower
2HABOTINSKY -Barrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Bormwer -Borrower
pay te
ASSI
OR
NEW YORK P1XED RATE NOTE -single Pam15-Fannie Mae/FrmNie Mac U INSTRUMENT Ferm 3233 1/91
Preview
FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024 CONSOLIDATED NOTE This Note amends and restates in their entirety, and is given in substitution for, the Notes described in Exhibit A of the New York Consolidation, Extension, and Modification Agreement dated the same date as this Nets. August 14, 2009 Brooldyn, New York atc] [City] 501 Surf Avenue, Unit 18H, PS 608, Brooklyn, New York 11224 Ipoperty Addm] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $287 000.00 (this amount is called plus interest, to the order of the Ionder. The Lender is JPMORGAN CHASE BANK, NA. Iwill "Principal"), make all payments under this Note in the form of cash, check or money order. I understand that the Leader transfer this Note. The Lender or anyone who takes this Note by may transfer and who is entitled to receive payments under this Note is called the "Note Holder 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. Iwill pay interest at a yearly rate of 5.o0o0 The interest rate required this Section 2 is the rate I will pay both before and after any default by described in Section 6 (B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will principal and interest by making a payment every month. pay I will make payment on the first of each month beginning on October 1, 2009. I will my monthly day make these payments month until I have paid all of the principal and interest and any other charges every described below that owe under this Note. Each paymmt will be applied as of its scheduled Imay monthly due date and will be applied to interest before Principal. If, on september1, 20s0 I still owe amounts under Date." this Note, I will those amounts in full on that date, which is called the "Maturity pay I will make my monthly payments at P.O. Box 78410, Phoenix, AZ B5062-8420 or at a different place if required by the Note Holder, (B) Ainount of Monthly Payments payment will be in the amount of U.S. $1,594.37. My monthly 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal "Prepayment." Holder is known as a When I make a Prepayment, I will tell the Note in writing that I only am so. I may not designate a payment as a Papayment if Ihave not made all the monthly payments doing due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note will use to reduce the amount of Principal that I owe under this Note. Holder my Prepayments However, the Note Holder my Prepayment to the accrued and unpaid interest on the Prepayment amount, may apply before my Prepayment to reduce the Principal amount of thcNote. If Imake a partial Papayment, applying NEw YORK IUXED RATE NOFE 41[ngle Pamily-Fammie Mae/Freddle Mae UNIFORM WSTRUMENT Ferm 3233 1/91 FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024 there will fe no changes in the due date or in the amount of my monthly payment unless the Note Holder agreenin writing to those changes. ' 5. LOAN CHA1(GES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fiom me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refhad teduces Principal, the reduction will be treated as a partial Prepayment 6. BORTOWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will a late charge to the Note Holder. The amount of the charge will be pay 2.con% of my overdue payment of principal and interest. I will pay this late charge promptly but anly once on each late payment. (B) Default If I do not the full amount of each payment on the date it is due, I will be in default. pay monthly . (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date3 the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest thatI owe on that amount. nat date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Walver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. Payment of Note Holder's Costs and Expenses (E) If the Note Holder has required me to pay immediately in full as described above, the Note Holder will to the extent not have the right to be paid back by me for all of its costs and expenses in enforcing this Note attomeys' prohibited applicable law. Those expenses include, for example, reasonable fees. by 7. GIVING OF NOTICES Unless Applicable Iaw requires a different method, any notice that mustbe givento me underthis Note will be given it or by mailing it by first class mail to me at the Paperty Address above or at by delivering a different address if I give the Note Holder a notice of my different address. notice that must be given to the Note Holder under this Note will be given by mailing it by first Any class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, the promise to pay the full amount owed. Any person who is a including surety or endorser of this Note is also obligated to do these things. Any person who takes over guarantor, these the obligations of a guarantor, surety or endorser of thisNote, is also obligated obligations, including to keep all of the promises made in this Note. ne Note Holder may enforce its rights under this Note against each or against all ofus together. This means that any one ofus may be required personindividually to pay all of the amounts owed under this Note. NEw YORK FIXED RATE NOTE -81ngle Family-Fsanle Maemeddie Mae UMPORM INSTR.TJMENT Form 3233U01 FILED: KINGS COUNTY CLERK 04/15/2024 01:40 PM INDEX NO. 510676/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/15/2024 9. WAI ERS I and other person who has obligations under this Note waive the rights of Presentment and Notice any "Presentin nt" of Dishonor. means the right to require theNoteHolder to demand paymentofamounts due. dishonor" persons "Notice of means the right to require the Note Holder to give notice to other that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might resuh if I do not keep the pmmises which I make in this Note. That Security Instmment describes how and under what conditions I may be required to make immediate payment in full of all amounts I.owe under this Note. Some of those conditiom are described as follows: Leader require immediate payment in full of all Sums Secured by this Security Instrument may ifall or any part ofthe Pmperty, orif any right in the Property, is sold or transferred without Lender's prior written permission. If Bormwer is not a natural person and a beneficial interest in Barrower is sold or transferred without Leader's prior written permission, Leader also may requim immediate payment infull. However, this option shall not be exercised by Lender if such exercise is pmhibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Leader will give me a notice which· states requirement. The notice will give me at least 30 days to make the required this payment The period will begin on the date the notice is give to me in the manner required 30-day Section 15 of this Security Instrument. If I do not make the required payment during that period, by Leader may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) S. ZHABOTINSKY AtlÚA ilÓLINA SQUITIERI -Borrower 2HABOTINSKY -Barrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Bormwer -Borrower pay te ASSI OR NEW YORK P1XED RATE NOTE -single Pam15-Fannie Mae/FrmNie Mac U INSTRUMENT Ferm 3233 1/91