Preview
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024
Exhibit “C”
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024
NYSCEF DOC. NO. 3 NOTE
NEGOTIABLEPROMISSORY RECEIVED NYSCEF: 05/13/2024
(Fixed or Variable Interest Rate)
BK: 19 LOC: LN TP: 69 Ref No.
Date:11/19/02 Acct. No.
RC: . .
$ 474700.00
CREDITOR: WACHOVIA BANK, NATIONALASSOCIATION 300 Fidelity Plaza, NJ 2203
North Brunswick, NJ 08905-2203
BORROWER(S). ROBERT MAGARDINO
*
CHRISTINE MAGARDINO
95 CLARENCERD
EAST CHESTER,NY 10583
FORVALUERECEIVED, I the Borrower (which means everyone who signs below as a borrower, jointly and severally), promise to pay
WACHOVIABANK, NATIONAL ASSOCIATION, or order, the principal amount of this loan as stated above (the Amount Financed,
with interest from the date of this
plus the prepaid finance charge, if any, as disclosed in the itemization of Amount Financed), together "I," "me," and
Note on the unpaid principal balance at the interest rate for a fixed or variable rate loan disclosed below until fully paid.
"my" refer to Borrower(s) while "you" and "your" refer to WACHOVIA BANK, NATIONAL ASSOCIATION.
X If indicated, this is a fixed rate loan and my Interest Rate is 6.49
If indicated, this is a variable rate loan and my initial Interest Rate is N/A
Rate."
which is tied to the Wall Street Journal (WSJ) "Prime
The Initial Interest Rate is computed as follows: Prime Rate of %Plus Percentage Points.
ANNUALPERCENTAGE FINANCECHARGE: Amount Financed. The amount Total of Payments. ne
The dollar of credit provided to me or on rny amount I will have paid after I
RATE: amount credit will
rne.
the cost
behalf. have madeaH payments as
The cost of mycredit as a yearly
scheduled.
rate. . .
6.60 % 611958.40 470000.00 $ 1081958.40
I have the right to receive at this time an itemization of the Amount Financed: ( ) I want an itemization.
( .. ) I do not want an itemization. (Initials)
(Initials)
Mypayment
Payments
schedule will be:
Payment Amount Frequency Due Date No. of Payments Payment Amount Frequency Due Date
No. of
360 $3005.44 M 01/01/O3 $
s $
Variable Rate.
my loan,
If above, has a variable rate,
as indicated my interest rate may increase during the term of my loan based on movement of the
WSJPrime more than once each month. If my loan is secured by a principal dwelling for a term
Rate. My interest
rate will not increase
greater than one year, disclosures about the variable rate have been provided to meearlier.
If indicated, my loan has multiple payments for a term of more than 60 months. MAXIMUM
RATE.
increase the number of payments and may If indicated, the maximuminterest
Any increase in my interest rate will
rate will not exceed:
increase the payment amounts. If my loan were for $10,000 for 144 months at
12%and the interest rate increased to 12.50% in three months, my regular
payment would increase by $7.30 beginning with my Sixty-First payment.
If indicated,my loan has multiple payments for a term of If indicated, my Ioan has a single payment. Any
60 months or less. Any increase in my interest rate will increase in my interest rate will increase the amount
increase the number of payments. If my loan were for due at maturity. If my loan were for $10,000 at 12%for
$10,000 for 60 months at 12%and the interest rate 90 days, and my interest rate increased to 12.25% in
increased to 12.50% in three months I would have to 20 days, then myfinal payment would increase by
makeone additional payment of $196.56. $4.80.
Security. I amgiving a security interest in:
the goods or property being purchased. x other (describe): REAL ESTATE
except my principal or household goods. . -
Collateral securing other loans with you may also secure this loan, dwelling
I-pay off early, I will not have to pay a penalty and I
~
-Pi-epayment:^If will not be
Filing Fees. S
to a refund of part of the Prepaid Finance Charge.
entitled
of 5%of my
Late charges. If you receive any payment 10 days or more after the due date, I agree to pay you a late charge I- agree to pay you
payment. If this note is secured by real estate and you receive my payment 15 days or more after the due date,
a late charge of 2%of mypayment.
this loan is for the purchase of property used as
If indicated, my principal dwelling and someone buying my principal dwelling
cannot assume the remainder of my loan on the original terms.
If indicated,the Annual Percentage Rate does not take into account my required deposit.
I may see my contract documents for any additional information about nonpayment, default, any required repayment in full
before the scheduled due date, and prepayment refunds and penalties.
536891 (Rev 04) Page 1 of 4 2) NYPromissory Note
. . -
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024
INSURANCEDISCLOSURES
Iunderstand that credit life and credit disability insurance are not required to get this loan. You will not provide it unless I sign this
credit insurance section and agree to pay the cost. If I want any of these insurance
coverages, I must be sure that the insurance
coverage I want is indicated, that the amount of the premium is filled in, and that I have signed below. If
I request credit life insurance
or credit disability insurance, I have the right to rescind the insurance policy or certificate of insurance by giving written notice to the
insurance company within 30 days from the date I received the policy or certificate. The term and amount of any insurance I request is
for the stated term/amount of this loan unless otherwise indicated below.
INSURED TYPE PREMIUM TERM AMT. OF DISABILITY
#1 #2 IN MOS. COVERAGE MONTHLY BENEFIT
Credit Life $ $
Credit Disability $ $ S
If this loan is secured, I may obtain property insmance from any insurer I choose.
I understand that the premium(s) for the insurance coverage(s) that I am are not being financed into the principal
disclosed in the Note. The payment amount disclosed in the payment schedule
selecting amount
(above) includes the applicable monthly premium for
the insurance coverage(s) that I have selected. I understand that if my actual payment is sufficient to cover the principal and interest
due under the terms of this Note, but is not sufficient to cover the scheduled premium(s) that such non-payment will not constitute a
default under the terms of this Note. If such an event occurs the applicable insurance coverage(s) will be cancelled. I understand that
I will be provided notice of any such cancellation.
I request coverage(s) checked
for the premiums shown above
Signature of Insured #1
I request coverage(s) checked
for the premiums shown above
Signature of Insured #2
...
PROPERTY
AS SECURITY
To secure payment of this Note I grant you a security interest in the collateral described below, or in the mortgage as
indicated
by the date below or on Schedule A, plus all additions, replacements or accessions to, and proceeds of the collateral. This collateral will
secure any other loans with you, now or in the future unless the collateral is used as a principal or household goods.
additionalcollateral is listed on the attached Schedule A.
dwelling Any
95 CLARENCE
RD
SCARSDALE NY 10S83
11/19/02
If indicated, I (we) authorize you to draft all amounts due from mydeposit myapplication.
account as provided in
NOTICE OFPROPOSED CREDIT INSURANCE:I understand that credit insurance may be contemplated in connection with
indebtedness. I am eligible for coverage if I have not attained age 67 on the expiration
my
date of coverage. If such insurance becomes
it will be provided by FIRST FORTIS LIFE INSURANCE
effective, COMPANY,Syracuse, NewYork and a certificate describing the
coverage in detail will be sent to mewithin 30 days. If the insurance does not become
effective, the premium charged will be refunded in
full.
The amount of charge is indicated on this note for each type of credit insurance purchased. Subject to the limitations in the group policy
issued to the creditor or me, a benefit will be paid in the event of my death if credit life insurance is purchased
and a monthly benefit will
be paid in the event of mytotal disability if credit disability is purchased. No life benefit will be paid as a result of: a) suicide; b) war; or
c) special hazards for military personnel. No disability benefit will be paid for disability from: a) self-inflicted
special hazards for military resulting injury; b) war; c)
personnel; or d) pre-existing condition which required medical advice, consultation or treatment within 6
months before the effective date and which caused a loss within 6 months after the effective date.
The term of coverage will begin at the time I incur the indebtedness and will expire on the scheduled
event I prepay the indebtedness, maturity date of coverage. In the
a refund of unearned premium charges will be made. NYNP0003
OTHERTERMSOFMYNOTE
VARIABLE RATEINTERESTRATECHANGES:If my loan is a variable rate loan, I understand and agree that you will adjust the
number and amount of my payments, the interest rate, the term to maturity and other relevant terms of
variable rate consumer lending procedures and programs, as they
my loan in accordance with your
may change from time to time, the terms of which are described herein.
Myinterest rate will change in an amount equal to the change in WSJPrime Rate. WSJPrime Rate is announced and changed, from time
to time. I understand that this rate is not represented or intended to be the lowest or most
favorable rate. My interest rate will be the sum
of the number of percentage points, as indicated on the front of this
Note, plus WSJPrime Rate, as it may change from time to time. My
interest rate may not change more than once each month
month and will be based on WSJPrime Rate published on the 25th day of themy
during the term of loan which will occur on the first day of each calendar
prior calendar month. If more than one rate is published,
you will use the higher rate as the WSJPrime Rate If the 25th falls on a day when the WSJPrime Rate is not
Rate will be the rate published the last day prior to the 25th. Changes in the inteæst rate will be subject published, the WSJPrime
to any maximumrate stated
in this Note. If no maximuminterest rate is indicated, my interest rate will not exceed the highest interest rate permitted by
applicable law. If the amount of any payment does not pay all interest due, you will collect the unpaid interest from future payments.
PAYMENT ADDPROVISIONS: If my loan has an original term of 60 months or less, you will extend the number of
my payments if
on the date of my final scheduled payment the amount of the scheduled payment will not pay the
outstanding principal balance and unpaid
interest. You will continue to bill me for mypayment as long as any balance remains unpaid on
myloan.
S36891 (Rev 04) Page 2 of 4 (O3m2) NY Promissory Note
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024
of more than 60 months, the
VARIABLE
NYSCEF DOC.RATENO. 3 PAYMENT
CHANGES:If my loan is a variable rate loan with an original term
calendar month
RECEIVED
thereafter.
NYSCEF: 05/13/2024
Prior to each payment change
amount of my payment may change in the 61st calendar month and every 60th
a payment estimated to pay the outstanding principal balance and any unpaid interest at the then current interest
date, you will calculate more than 25%of the previously calculated payment. If on
tate during the remaining term of the loan. My payment
will never increase
payment change will be considered as the final payment change. At
any payment change date, 60 months or less remain on my loan, said
previous payment and you will continue to bill me
the final payment change; if necessary, you will increase my payment up to 25% of my
for my payment as long as any balance remains unpaid on my
loan.
a balloon payment (a single payment scheduled at the end of
BALLOONNOTE: If my payment schedule on the reverse side indicates
as the final payment, the following provisions apply: If my loan
the loan term which is larger than any of the earlier scheduled payments)
extensions may change the amount of my finance charge which will be reflected
has a fixed interest rate, mypayment habits and any loan
rate with a term of 60 months or less, my payment habits and any
loan
in my final balloon payment. If my a
loan has variable interest
which be reflected in my final balloon payment. If
extensions or interest rate changes may change the amount of my finance charge will
change in the 61st
with a term of more than 60 months, the amount of my regular payment may
my loan has a variable interest rate will never increase more than 25%of -the ifreviously
calendar month and every 60th calendar month thereafter. My regular payment
remain on my loan, said payment change will be considered as the
calculated payment. If on any payment change date, 60 months or less
payment habits and any loan extensions or interest rate changes may
final payment change. However, after the final payment change, my
finance charge which will be reflected in myfinal balloon payment.
change the amount of my
physical damage insurance covering loss or damage
INSURANCE:If have given you a security interest in my property. I agree to keep
I if you
for the term of this loan. My insurance must cover any physical damage, including damage caused by flood(s),
to any collateral periods you require. If to maintain adequate
require such coverage. My insurance shall be maintained in the amounts
and for the that I fail
obtain coverage to protect your rights in accordance
coverage as described above, you may, at either your option or as required by law, either to
damaged or destroyed, I agree that you may use any insurance settlement
with other provisions of this Note. If collateral is lost,
you extent of the debt I owe and
of insurance to to the
repair the collateral or to apply it to my debt. I agree to assign the proceeds any
I agree that you have an irrevocable power of attorney to file proofs of loss and
agree that the insurance company may pay you directly. destruction of collateral will not release mefrom
proceeds in my name. Loss, damage or
anything else necessary to obtain the insurance
any liability under this Note.
for repayment of this loan the
SECURITYAGREEMENT:If I have given you a security interest in installed any collateral,
the
I pledge as security
accessions to the collateral, and the
collateral which includes any accessories, equipment, replacement parts in collateral, any
premiums and other similar charges, (2) proceeds of any insurance
proceeds of collateral. This security interest also covers (1) insurance
and (3) proceeds of any credit life or credit disability insurance which I have purchased
policies or similar coverage on the collateral, household goods or principal dwelling)
you a interest in collateral (other than
under the terms of this Note. In addition, I give security any
loan any security interest
You waive as collateral for this
which secures any other loans I have with you, now or in the future. expressly
or future transactions between us.
I use as my principal dwelling and household goods for any other existing
in collateral
for shares
If I grant you a interest as collateral,
in securities I agree to deliver immediately to you, fully endorsed, any certificates
security
subscribe. If further pledge and agree to deliver to you, upon demand,
stock split-up, or a right to
representing any stock dividend, and margin requirements.
additional collateral satisfactory to you and in accordance with all
under this note if any of the following things happen: (1) if I fail to
makeany payment or
EVENTSOFDEFAULT: I will be in default
now make incorrect or misleading
other Note with you or in the if I any false,
comply with any of the terms of this Note or any
future; (2)
or proceeding; (4) if I ama corporate borrower and
representation or warranty; (3) if die,
I become involved in any bankruptcy insolvency
which reasonably
or (5) if I take or fail to take any action concerning this Note or the
collateral
sutTer actual or de facto dissolution;
insecure or your prospects for payment impaired; or (6) if I fail to perform any term(s) of
causes you to deemyourself or the collateral
any Deed of Trust which secures
payment of the Note.
REMEDIESONDEFAULT: If I default in any of the above ways,payment you have the right to declare the entire unpaid debt immediately due
after you have demanded payment of the entire balance due,
and payable without giving meany advance notice. If I makeany balance of the amount financed, plus accrued finance
the
my payment will be applied collection
to unpaid balance. My debt will be the unpaid
this Note. You shall also have other rights and
and all other amounts due you under
charges, unpaid late charges, -costs,
possession of the collateral without notice or resort to legal process. If
remedies provided by .1aw,_including the right to the immediate
you may take this property without and store it for me. If the net proceeds
there is any personal property of mine in the collateral,
liability
you the difference, plus interest at the Interest Rate until paid in full. If this
of collateral sold do not pay my indebtedness in full,.1 will pay
and enforce your rights as provided in the deed of trust
toan is secured by real estate, you have the right to foreclose on the real property
. securing this loan.
what agree to pay your reasonable attorney's fees, which will be 15%of
ATTORNEY'SFEES: If you hire an attorney to collect I owe, I
the total amount I owe you, plus court costs.
PREPAYMENT:If pay this Note in full prior to maturity and I
I amentitled to a rebate of any unearned prepaid finance charge, you
amount the actuarial method.
will credit my account with any such unearned using
CHECK
PAYMENT FEE: If I makea payment by check and a check is returned unpaid forbalanceany reason, I agree to pay a
RETURNED hereunder, and accrue
charge of $20 for each returned check. Said returned check fee may be added to my outstanding principal
interest at the rate herein, without notice.
loan shall be decided by binding
ARBITRATION: At my, the Guarantor or your request, any controversy arising out of or relating to this
of the American Arbitration Association. Any controversy that is related to a class
under the Commercial Rules
as provided herein. A
arbitration Arbitration
your be referred for decision by arbitration
action or is part of a class action shall, at my, the guarantor or request,
judgment upon award maybe entered by any court having jurisdiction.
I, the Guarantor or you may employ
or exercise freely, either alone, in
Notwithstanding the preceding binding arbitration provisions,
and sale of any collateral
provisional or remedies including foreclosure
conjunction with or during an arbitration proceeding, any ancillary
Preservation of these remedies does
or nonjudicial foreclosure, self help, set-off, attachment, garnishment and sequestration.
by judicial remedies.
not limit the power of the arbitrator to grant similar
and jointly, waive
OTHER PROVISIONS: Each borrower, including co-maker, co-signer, surety, endorser or payment guarantor, individually
in full of the entire outstanding
and notice that you have demanding
presentment, demand, protest or notice of protest any
late or partial payments, even if they are marked "payment
full,"
m
balance because of default or for any other reason. You may accept
S36891 (Rev O4)
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____.__. __.. _.. _ _. __ _ __ _ __ (Q3/02).NY.Promissoty-Note
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024
NYSCEF DOC. NO.any3 of
without your rights. If you receive any payment 10 days or more after the RECEIVED NYSCEF: 05/13/2024
losing due date, I agree to pay you a late charge of 5%of
my payment. If this note is secured by real estate and you receive mypayment 15 days or
more after the due date, I agree to pay you a late
charge of 2%of mypayment. You may exercise your right to setoff
against any funds I have on deposit with you. The information in
credit application is true and complete. This note contains the entire niy
agreement between us except, to the extent it becomes
reference, for further details, is madeto your variable rate consumer lending procedures and necessary,
as may change from time to time.
Any waiver or change in the terms of this Note must be in writing and signed by you. No oral programs, changes are binding. This Note is governed
by the laws of the United States and NewYork. Your failure to insist upon prompt payment or to
deemed a waiver of any such right or privilege. I understand that enforce any other right shall not be
of finance charge and total payments disclosed on the front of this my
payment habits and any loan extensions may also change the amount
Note. This loan cannot be assumedby any other party.
GUARANTY
OFTHIRD PERSONS:The undersigned jointly and guarantee the payment, when due, to any holder hereof of
allamounts from time to time owing on this Note. The undersigned severally
jointly and severally waive notice of acceptance of this of
any extensions in time of payment, of sale of any collateral, and of all other notices to which the undersigned would otherwise guamnty,
be entitled
by law and agree to pay all amounts owing hereunder upon demand, without
borrowers. The undersigned further agrees that the failure requiring any prior action or proceedings against the
by the holder of this instrument to perfect any security interest granted
foregoing Note shall not affect in any manner the liability of any guarantor hereon. The undersigned acknowledges receipt by the
of the Co-Signers Notice before signing this guaranty. and execution
(SEAL)
Guarantor - Co-Signer
(SEAL)
Guarantor - Co-Signer
THIRD PARTYOWNER(S)AGREEMENT:
The undersigned, as owner(s) or co-owner(s) of the collateral, grant you a security
interest in the collateral and agree that the terms and conditions of this Note shall apply to the collateral.
(SEAL)
Owner or Co-Owner
Preview
FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 Exhibit “C” FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024 NYSCEF DOC. NO. 3 NOTE NEGOTIABLEPROMISSORY RECEIVED NYSCEF: 05/13/2024 (Fixed or Variable Interest Rate) BK: 19 LOC: LN TP: 69 Ref No. Date:11/19/02 Acct. No. RC: . . $ 474700.00 CREDITOR: WACHOVIA BANK, NATIONALASSOCIATION 300 Fidelity Plaza, NJ 2203 North Brunswick, NJ 08905-2203 BORROWER(S). ROBERT MAGARDINO * CHRISTINE MAGARDINO 95 CLARENCERD EAST CHESTER,NY 10583 FORVALUERECEIVED, I the Borrower (which means everyone who signs below as a borrower, jointly and severally), promise to pay WACHOVIABANK, NATIONAL ASSOCIATION, or order, the principal amount of this loan as stated above (the Amount Financed, with interest from the date of this plus the prepaid finance charge, if any, as disclosed in the itemization of Amount Financed), together "I," "me," and Note on the unpaid principal balance at the interest rate for a fixed or variable rate loan disclosed below until fully paid. "my" refer to Borrower(s) while "you" and "your" refer to WACHOVIA BANK, NATIONAL ASSOCIATION. X If indicated, this is a fixed rate loan and my Interest Rate is 6.49 If indicated, this is a variable rate loan and my initial Interest Rate is N/A Rate." which is tied to the Wall Street Journal (WSJ) "Prime The Initial Interest Rate is computed as follows: Prime Rate of %Plus Percentage Points. ANNUALPERCENTAGE FINANCECHARGE: Amount Financed. The amount Total of Payments. ne The dollar of credit provided to me or on rny amount I will have paid after I RATE: amount credit will rne. the cost behalf. have madeaH payments as The cost of mycredit as a yearly scheduled. rate. . . 6.60 % 611958.40 470000.00 $ 1081958.40 I have the right to receive at this time an itemization of the Amount Financed: ( ) I want an itemization. ( .. ) I do not want an itemization. (Initials) (Initials) Mypayment Payments schedule will be: Payment Amount Frequency Due Date No. of Payments Payment Amount Frequency Due Date No. of 360 $3005.44 M 01/01/O3 $ s $ Variable Rate. my loan, If above, has a variable rate, as indicated my interest rate may increase during the term of my loan based on movement of the WSJPrime more than once each month. If my loan is secured by a principal dwelling for a term Rate. My interest rate will not increase greater than one year, disclosures about the variable rate have been provided to meearlier. If indicated, my loan has multiple payments for a term of more than 60 months. MAXIMUM RATE. increase the number of payments and may If indicated, the maximuminterest Any increase in my interest rate will rate will not exceed: increase the payment amounts. If my loan were for $10,000 for 144 months at 12%and the interest rate increased to 12.50% in three months, my regular payment would increase by $7.30 beginning with my Sixty-First payment. If indicated,my loan has multiple payments for a term of If indicated, my Ioan has a single payment. Any 60 months or less. Any increase in my interest rate will increase in my interest rate will increase the amount increase the number of payments. If my loan were for due at maturity. If my loan were for $10,000 at 12%for $10,000 for 60 months at 12%and the interest rate 90 days, and my interest rate increased to 12.25% in increased to 12.50% in three months I would have to 20 days, then myfinal payment would increase by makeone additional payment of $196.56. $4.80. Security. I amgiving a security interest in: the goods or property being purchased. x other (describe): REAL ESTATE except my principal or household goods. . - Collateral securing other loans with you may also secure this loan, dwelling I-pay off early, I will not have to pay a penalty and I ~ -Pi-epayment:^If will not be Filing Fees. S to a refund of part of the Prepaid Finance Charge. entitled of 5%of my Late charges. If you receive any payment 10 days or more after the due date, I agree to pay you a late charge I- agree to pay you payment. If this note is secured by real estate and you receive my payment 15 days or more after the due date, a late charge of 2%of mypayment. this loan is for the purchase of property used as If indicated, my principal dwelling and someone buying my principal dwelling cannot assume the remainder of my loan on the original terms. If indicated,the Annual Percentage Rate does not take into account my required deposit. I may see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled due date, and prepayment refunds and penalties. 536891 (Rev 04) Page 1 of 4 2) NYPromissory Note . . - FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 INSURANCEDISCLOSURES Iunderstand that credit life and credit disability insurance are not required to get this loan. You will not provide it unless I sign this credit insurance section and agree to pay the cost. If I want any of these insurance coverages, I must be sure that the insurance coverage I want is indicated, that the amount of the premium is filled in, and that I have signed below. If I request credit life insurance or credit disability insurance, I have the right to rescind the insurance policy or certificate of insurance by giving written notice to the insurance company within 30 days from the date I received the policy or certificate. The term and amount of any insurance I request is for the stated term/amount of this loan unless otherwise indicated below. INSURED TYPE PREMIUM TERM AMT. OF DISABILITY #1 #2 IN MOS. COVERAGE MONTHLY BENEFIT Credit Life $ $ Credit Disability $ $ S If this loan is secured, I may obtain property insmance from any insurer I choose. I understand that the premium(s) for the insurance coverage(s) that I am are not being financed into the principal disclosed in the Note. The payment amount disclosed in the payment schedule selecting amount (above) includes the applicable monthly premium for the insurance coverage(s) that I have selected. I understand that if my actual payment is sufficient to cover the principal and interest due under the terms of this Note, but is not sufficient to cover the scheduled premium(s) that such non-payment will not constitute a default under the terms of this Note. If such an event occurs the applicable insurance coverage(s) will be cancelled. I understand that I will be provided notice of any such cancellation. I request coverage(s) checked for the premiums shown above Signature of Insured #1 I request coverage(s) checked for the premiums shown above Signature of Insured #2 ... PROPERTY AS SECURITY To secure payment of this Note I grant you a security interest in the collateral described below, or in the mortgage as indicated by the date below or on Schedule A, plus all additions, replacements or accessions to, and proceeds of the collateral. This collateral will secure any other loans with you, now or in the future unless the collateral is used as a principal or household goods. additionalcollateral is listed on the attached Schedule A. dwelling Any 95 CLARENCE RD SCARSDALE NY 10S83 11/19/02 If indicated, I (we) authorize you to draft all amounts due from mydeposit myapplication. account as provided in NOTICE OFPROPOSED CREDIT INSURANCE:I understand that credit insurance may be contemplated in connection with indebtedness. I am eligible for coverage if I have not attained age 67 on the expiration my date of coverage. If such insurance becomes it will be provided by FIRST FORTIS LIFE INSURANCE effective, COMPANY,Syracuse, NewYork and a certificate describing the coverage in detail will be sent to mewithin 30 days. If the insurance does not become effective, the premium charged will be refunded in full. The amount of charge is indicated on this note for each type of credit insurance purchased. Subject to the limitations in the group policy issued to the creditor or me, a benefit will be paid in the event of my death if credit life insurance is purchased and a monthly benefit will be paid in the event of mytotal disability if credit disability is purchased. No life benefit will be paid as a result of: a) suicide; b) war; or c) special hazards for military personnel. No disability benefit will be paid for disability from: a) self-inflicted special hazards for military resulting injury; b) war; c) personnel; or d) pre-existing condition which required medical advice, consultation or treatment within 6 months before the effective date and which caused a loss within 6 months after the effective date. The term of coverage will begin at the time I incur the indebtedness and will expire on the scheduled event I prepay the indebtedness, maturity date of coverage. In the a refund of unearned premium charges will be made. NYNP0003 OTHERTERMSOFMYNOTE VARIABLE RATEINTERESTRATECHANGES:If my loan is a variable rate loan, I understand and agree that you will adjust the number and amount of my payments, the interest rate, the term to maturity and other relevant terms of variable rate consumer lending procedures and programs, as they my loan in accordance with your may change from time to time, the terms of which are described herein. Myinterest rate will change in an amount equal to the change in WSJPrime Rate. WSJPrime Rate is announced and changed, from time to time. I understand that this rate is not represented or intended to be the lowest or most favorable rate. My interest rate will be the sum of the number of percentage points, as indicated on the front of this Note, plus WSJPrime Rate, as it may change from time to time. My interest rate may not change more than once each month month and will be based on WSJPrime Rate published on the 25th day of themy during the term of loan which will occur on the first day of each calendar prior calendar month. If more than one rate is published, you will use the higher rate as the WSJPrime Rate If the 25th falls on a day when the WSJPrime Rate is not Rate will be the rate published the last day prior to the 25th. Changes in the inteæst rate will be subject published, the WSJPrime to any maximumrate stated in this Note. If no maximuminterest rate is indicated, my interest rate will not exceed the highest interest rate permitted by applicable law. If the amount of any payment does not pay all interest due, you will collect the unpaid interest from future payments. PAYMENT ADDPROVISIONS: If my loan has an original term of 60 months or less, you will extend the number of my payments if on the date of my final scheduled payment the amount of the scheduled payment will not pay the outstanding principal balance and unpaid interest. You will continue to bill me for mypayment as long as any balance remains unpaid on myloan. S36891 (Rev 04) Page 2 of 4 (O3m2) NY Promissory Note FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024 of more than 60 months, the VARIABLE NYSCEF DOC.RATENO. 3 PAYMENT CHANGES:If my loan is a variable rate loan with an original term calendar month RECEIVED thereafter. NYSCEF: 05/13/2024 Prior to each payment change amount of my payment may change in the 61st calendar month and every 60th a payment estimated to pay the outstanding principal balance and any unpaid interest at the then current interest date, you will calculate more than 25%of the previously calculated payment. If on tate during the remaining term of the loan. My payment will never increase payment change will be considered as the final payment change. At any payment change date, 60 months or less remain on my loan, said previous payment and you will continue to bill me the final payment change; if necessary, you will increase my payment up to 25% of my for my payment as long as any balance remains unpaid on my loan. a balloon payment (a single payment scheduled at the end of BALLOONNOTE: If my payment schedule on the reverse side indicates as the final payment, the following provisions apply: If my loan the loan term which is larger than any of the earlier scheduled payments) extensions may change the amount of my finance charge which will be reflected has a fixed interest rate, mypayment habits and any loan rate with a term of 60 months or less, my payment habits and any loan in my final balloon payment. If my a loan has variable interest which be reflected in my final balloon payment. If extensions or interest rate changes may change the amount of my finance charge will change in the 61st with a term of more than 60 months, the amount of my regular payment may my loan has a variable interest rate will never increase more than 25%of -the ifreviously calendar month and every 60th calendar month thereafter. My regular payment remain on my loan, said payment change will be considered as the calculated payment. If on any payment change date, 60 months or less payment habits and any loan extensions or interest rate changes may final payment change. However, after the final payment change, my finance charge which will be reflected in myfinal balloon payment. change the amount of my physical damage insurance covering loss or damage INSURANCE:If have given you a security interest in my property. I agree to keep I if you for the term of this loan. My insurance must cover any physical damage, including damage caused by flood(s), to any collateral periods you require. If to maintain adequate require such coverage. My insurance shall be maintained in the amounts and for the that I fail obtain coverage to protect your rights in accordance coverage as described above, you may, at either your option or as required by law, either to damaged or destroyed, I agree that you may use any insurance settlement with other provisions of this Note. If collateral is lost, you extent of the debt I owe and of insurance to to the repair the collateral or to apply it to my debt. I agree to assign the proceeds any I agree that you have an irrevocable power of attorney to file proofs of loss and agree that the insurance company may pay you directly. destruction of collateral will not release mefrom proceeds in my name. Loss, damage or anything else necessary to obtain the insurance any liability under this Note. for repayment of this loan the SECURITYAGREEMENT:If I have given you a security interest in installed any collateral, the I pledge as security accessions to the collateral, and the collateral which includes any accessories, equipment, replacement parts in collateral, any premiums and other similar charges, (2) proceeds of any insurance proceeds of collateral. This security interest also covers (1) insurance and (3) proceeds of any credit life or credit disability insurance which I have purchased policies or similar coverage on the collateral, household goods or principal dwelling) you a interest in collateral (other than under the terms of this Note. In addition, I give security any loan any security interest You waive as collateral for this which secures any other loans I have with you, now or in the future. expressly or future transactions between us. I use as my principal dwelling and household goods for any other existing in collateral for shares If I grant you a interest as collateral, in securities I agree to deliver immediately to you, fully endorsed, any certificates security subscribe. If further pledge and agree to deliver to you, upon demand, stock split-up, or a right to representing any stock dividend, and margin requirements. additional collateral satisfactory to you and in accordance with all under this note if any of the following things happen: (1) if I fail to makeany payment or EVENTSOFDEFAULT: I will be in default now make incorrect or misleading other Note with you or in the if I any false, comply with any of the terms of this Note or any future; (2) or proceeding; (4) if I ama corporate borrower and representation or warranty; (3) if die, I become involved in any bankruptcy insolvency which reasonably or (5) if I take or fail to take any action concerning this Note or the collateral sutTer actual or de facto dissolution; insecure or your prospects for payment impaired; or (6) if I fail to perform any term(s) of causes you to deemyourself or the collateral any Deed of Trust which secures payment of the Note. REMEDIESONDEFAULT: If I default in any of the above ways,payment you have the right to declare the entire unpaid debt immediately due after you have demanded payment of the entire balance due, and payable without giving meany advance notice. If I makeany balance of the amount financed, plus accrued finance the my payment will be applied collection to unpaid balance. My debt will be the unpaid this Note. You shall also have other rights and and all other amounts due you under charges, unpaid late charges, -costs, possession of the collateral without notice or resort to legal process. If remedies provided by .1aw,_including the right to the immediate you may take this property without and store it for me. If the net proceeds there is any personal property of mine in the collateral, liability you the difference, plus interest at the Interest Rate until paid in full. If this of collateral sold do not pay my indebtedness in full,.1 will pay and enforce your rights as provided in the deed of trust toan is secured by real estate, you have the right to foreclose on the real property . securing this loan. what agree to pay your reasonable attorney's fees, which will be 15%of ATTORNEY'SFEES: If you hire an attorney to collect I owe, I the total amount I owe you, plus court costs. PREPAYMENT:If pay this Note in full prior to maturity and I I amentitled to a rebate of any unearned prepaid finance charge, you amount the actuarial method. will credit my account with any such unearned using CHECK PAYMENT FEE: If I makea payment by check and a check is returned unpaid forbalanceany reason, I agree to pay a RETURNED hereunder, and accrue charge of $20 for each returned check. Said returned check fee may be added to my outstanding principal interest at the rate herein, without notice. loan shall be decided by binding ARBITRATION: At my, the Guarantor or your request, any controversy arising out of or relating to this of the American Arbitration Association. Any controversy that is related to a class under the Commercial Rules as provided herein. A arbitration Arbitration your be referred for decision by arbitration action or is part of a class action shall, at my, the guarantor or request, judgment upon award maybe entered by any court having jurisdiction. I, the Guarantor or you may employ or exercise freely, either alone, in Notwithstanding the preceding binding arbitration provisions, and sale of any collateral provisional or remedies including foreclosure conjunction with or during an arbitration proceeding, any ancillary Preservation of these remedies does or nonjudicial foreclosure, self help, set-off, attachment, garnishment and sequestration. by judicial remedies. not limit the power of the arbitrator to grant similar and jointly, waive OTHER PROVISIONS: Each borrower, including co-maker, co-signer, surety, endorser or payment guarantor, individually in full of the entire outstanding and notice that you have demanding presentment, demand, protest or notice of protest any late or partial payments, even if they are marked "payment full," m balance because of default or for any other reason. You may accept S36891 (Rev O4) ----- ---- - ____.__. __.. _.. _ _. __ _ __ _ __ (Q3/02).NY.Promissoty-Note FILED: WESTCHESTER COUNTY CLERK 05/13/2024 10:50 AM INDEX NO. 62296/2024 NYSCEF DOC. NO.any3 of without your rights. If you receive any payment 10 days or more after the RECEIVED NYSCEF: 05/13/2024 losing due date, I agree to pay you a late charge of 5%of my payment. If this note is secured by real estate and you receive mypayment 15 days or more after the due date, I agree to pay you a late charge of 2%of mypayment. You may exercise your right to setoff against any funds I have on deposit with you. The information in credit application is true and complete. This note contains the entire niy agreement between us except, to the extent it becomes reference, for further details, is madeto your variable rate consumer lending procedures and necessary, as may change from time to time. Any waiver or change in the terms of this Note must be in writing and signed by you. No oral programs, changes are binding. This Note is governed by the laws of the United States and NewYork. Your failure to insist upon prompt payment or to deemed a waiver of any such right or privilege. I understand that enforce any other right shall not be of finance charge and total payments disclosed on the front of this my payment habits and any loan extensions may also change the amount Note. This loan cannot be assumedby any other party. GUARANTY OFTHIRD PERSONS:The undersigned jointly and guarantee the payment, when due, to any holder hereof of allamounts from time to time owing on this Note. The undersigned severally jointly and severally waive notice of acceptance of this of any extensions in time of payment, of sale of any collateral, and of all other notices to which the undersigned would otherwise guamnty, be entitled by law and agree to pay all amounts owing hereunder upon demand, without borrowers. The undersigned further agrees that the failure requiring any prior action or proceedings against the by the holder of this instrument to perfect any security interest granted foregoing Note shall not affect in any manner the liability of any guarantor hereon. The undersigned acknowledges receipt by the of the Co-Signers Notice before signing this guaranty. and execution (SEAL) Guarantor - Co-Signer (SEAL) Guarantor - Co-Signer THIRD PARTYOWNER(S)AGREEMENT: The undersigned, as owner(s) or co-owner(s) of the collateral, grant you a security interest in the collateral and agree that the terms and conditions of this Note shall apply to the collateral. (SEAL) Owner or Co-Owner