Preview
FILED: SUFFOLK COUNTY CLERK 04/22/2024 11:43 AM INDEX NO. 610183/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/22/2024
n Number:
ADJUSTABLE RATE NOTE
(LIBOR Index - Rate
Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY
PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE I MUST PAY.
April 14, 2005 White Plains NY
[Date] [City] [State]
72 NORFLEET LANE, CORAM, NY 11727
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 249,948.00 (this amount is called "principal"), plus
interest, to the order of the Lender. The Lender is Argent Mortgage Company, LLC .
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
Holder."
entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 8.250 %. This interest rate I will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal
and interest by making payments every month.
I will make
my monthly payments on the first day of each month beginning on June 1, 2005 .
I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal.
If, on May 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is
called the "Maturity Date".
I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 92868
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,877.78 . This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of May, 2008 , and on that day every sixth month
Date."
thereafter. Each date on which my interest rate could change is called a "Change
(B) The Index
"Index"
Beginning with the first Change Date, my interest rate will be based on an Index. The is the average of
interbank offered rates for six-month U.S. doliar-denominated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the
Index."
Change Date is called the "Current
If at any point in time the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding six
percentage point(s) ( 6.000 %) to the Current Index. The Note Holder will then round the result of this addition to
the nearest one-eight of one percent (0.125%). Subject to the limits stated in Section 4(D) below, this rounded
amount will
be my new interest rate until the next Change Date. The Note Holder will then determine the amount
of the monthly payment would that to repay be principal
sufficient
the unpaid that I am expected to owe at the
Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of
this calculation will be the new amount of my monthly payment.
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201-1NY(Rev.07/03)
04/12/2005 2:39:25 PM
FILED: SUFFOLK COUNTY CLERK 04/22/2024 11:43 AM INDEX NO. 610183/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/22/2024
dil) Limits on Interest Rate ges
The interest rate I am required to pay at the first Change Date will not be greater than 10.250 % o less than
8.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more
than One percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding six
months. My interest rate will never be greater than 14.250 % or less than 8.250 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
paymeFt changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to
be given me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.
5. PREPAYMENT PRIVILEGE
I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section without
"prepayment"
incurring a prepayment charge. A is any amount that I pay in excess of my regularly scheduled
payments of principal and interest that the Lender will apply to reduce the outstanding principal balance on this
Note in accordance with this Section.
(A) Application of Funds
I agree that when I indicate in writing that I am making a prepayment, the Lender shall apply funds it receives in
accordance with the order of application of payments set forth in Section 2 of the Security Instrument.
(B) Monthly Payments
If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this
Note and Security Instrument, my regularly scheduled payments of principal and interest will not change as a
result.
6. LOAN CHARGES
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: (i) any
such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any
sums already collected from 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 refund reduces the principal, the reduction will be treated as a partial prepayment.
7. BORROWER'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 fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2.000 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(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 date, the Note Holder may require me to pay immediately the full amount of principal which has not
been paid and all the interest that I owe on that amount. The date must be at least 30 days after the date on which
the notice is delivered or mailed to me.
(D) No Waiver 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.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
right to be paid backby me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
attorneys'
applicable law. Those expenses include, for example, reasonable fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given notice of that
different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs
person is fully and personally
this Note, each
obligated to keep all of the promises
made in this
Note, including to pay the the
full promise
amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of
us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
2 of 3 Initials
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FILED: SUFFOLK COUNTY CLERK 04/22/2024 11:43 AM INDEX NO. 610183/2024
NYSCEF DOC. NO. 6 n ber:
RECEIVED NYSCEF: 04/22/2024
10.. -WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment"
means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
11. 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 as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that
I make in this Note. That the Security Instrument 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 conditions are described as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited
by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower
causes to be submitted to lender information required by Lender to evaluate the intended transferee as if a new loan
were being made to the transferee; and (b) Lender reasonable determines that Lender's security will not be impaired
by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is
acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's consent to
the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to
lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this
Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration.
The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which
the Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
12. GOVERNING LAW PROVISION
This Note and the related Security Interest are governed by Federal and State law applicable to the jurisdiction of
the Property.
Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment
of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written
agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement
between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be
legally enforceable.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
or ower LEONDRA RAY Borrower
(Seal) (Seal)
Borrower Borrower
PAYTOTHEORDEROF
WITHOUTRECOUIRE
ARGENTWORIUWEC0tlPAIm(tlC
BY
3 of 3 M M2/2005 222M
201-3NY(Rev.0703)
FILED: SUFFOLK COUNTY CLERK 04/22/2024 11:43 AM INDEX NO. 610183/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/22/2024
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SUF FOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrtzment: MORTGAGE/NMM Recorded: 05/05/2005
Number of Pages: 22 At: 01:19 : 22 PM
Receipt Number : 05-0048504
MORTGAGE NUMBER: CW014185 LIBER: M00021041
PAGE: 030
Dis trict : Sec tion: Block : Lot s
0200 478.00 05.00 007.000
EXAMINED AND CHARGED AS FOLLOWS
Mortgage Amount: $ 249,948.00
Received the Following Fees For Above Instrument
Exempt Exampt
Page/Filing $66.00 NO Handling $5.00 NO
COE $5 . 00 NO NYS SRCHG $15.00 NO
Af fidavit $0.00 NO Cert.copies $0.00 NO
RPT $30.00 NO SCTM $0.00 NO
Mort.Basic $1, 249.50 NO Mort .Addl $5 99 . 75 NO
Mort . SplAddl $0.00 NO Nort . SplAsst $624.75 NO
Fees Paid $2,595.00
MORTGAGE NUMBER: CW014185
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clark, Suffolk County
FILED: SUFFOLK COUNTY CLERK 04/22/2024 11:43 AM INDEX NO. 610183/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/22/2024
RECORDED
- 2005 Minj 05 01:19:22 PM .
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