Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024
EXHIBIT A
EXHIBIT A
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024
NYSCEF Ñote amends
This DOC. NO. 2 and restates in their
entirety, and is given in substitatiom for, the Notes described
RECEIVED NYSCEF: 05/30/2024
in Exhibit A of the
NewYork Consolidation, Extenslan and Modiflestion Agreement dated the samedate as this Note.
NOTE
March 21, 2012 STONT MINT NEWTORK
[Dete] [Chy] [3age)
279 WESTMAIN 8TREET, STUNT PO2NT, NZ 10980
IReperty Addrem|
1. PROASSETOPAY
BORROWER'S
In return for a loan that I have received, I promise to
pay U.S. $ 224, 000.00 (this amount is called "Principal"),
plus interest, to the order of the Lander. The I.ander is ESBC BANKUSA, N.A.
.
I will makeall payments under this Note in the form of cash, check or moneyorder.
I understand that the lander may transfer this Note. The t min or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Hokler."
2. INTEREST
Interest will be charged on unpaid principal until the amount of Principal has been paid.
L a yearly
full I will pay interest at
rate of 4.1250
The interest rate required by this Section 2 is the rate I will pay both before and after any default described inSection 6(B)
of this Note.
3. PAYMENFS
(A) Time and Place of Payments
I will pay principal and interest
by making a payment every month.
I will makemy monthly payment on theist day of each month beginning onasay 01, 2012 . I will
makethese payments every month until 1 have paid all of the principal and interest and other charges below
any described that 1
may owe under this Note. Each monthly paymem will be applied as of its acheduled due date and will be applied to interest
before Principal. If, on ,haly 01, 2038 , I still owe amounts under this Note, I will pay those amounts in full on
Date."
that date, which is called the "Maturity
I will makemy monthly payments at 2929 mtzma
AVENUE, DEPEW, NZ 14043
or at a different place if required the Note Holder. by
(B) Annount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1, 165.38 .
4. RIGHTTOPREPAY
BORROWER'S
I have the right
"Ptepayment."
to makepayments of Principal at any time before they are due. A
payment of Principal
only is known as a
WhenI make a
Prepayment, I will tellthe Note Holder in writing that I am
may not designate a doing so. I
payment as a Prepayment if I have not madeall the monthly payments due under the Note.
. I may make a full Prepayment or partial Papaymemswithout paying a Prepayment charge. The Note Holder will use
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder
my
may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before
applying my Prepayment to reduce the
Principal amount of the Note. If I makea partial Prepayment, there will be no changes in the due date or in the amount of
my
monthly payment unless the Note Holder agrees in writing to those changm.
Ew"GaFaso Rare nors. smal. Family - Fanni. Mes/Fredglle MacUNIFORM
INsTRU MENT p
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024
.. .
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024
S. iOAlÔ CHARGES
If a law, which applies to this loan and which sets mariann loan
charges, is f'mally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted
shall be reduced by the amount =ry
to reduce the charge to the permitted limit; and
mewhich "remartant pennitted limits will be refunded to me. the Note Holder
limits, them: (a) any such loan charge
(b) any sums already collected from
may choose to makethis reamd by
Principal I owe under this Note or by making a direct reducing the
payment to me. If a refund reduces Principal, the reduction will be
treated
as a partial Prepayment.
6.
BORROWER'
S FAILURE TOPAYAS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not teceived the Adi amount of
any monthly payment by the end of Fifteen calendar days
aAer the date it is due, I will pay a late charge to the Note Holder. '1he amount of the
charge will be 5.00 of %
my overdue payment of principal and interest. I will pay this late charge pmmptly but only once on each late payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the date I will be in
it is due, default.
(C) Notlee of Default
amin default, the Note Holder may send mea written notice telling methat if I do not
If I
pay the overdue amoumby 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 laterest that 1 owe on that amount. That date must be at least 30 days aher the date on
which the notice is mailarl to meor
delivered by other means.
(D) No Wolver By Note Holder
Even if, at a time when I am in defmst, the Note Holder does not require me to
pay imrnartimely in full as described
above, the Note Holder will still have the right to do so if I amin defadt at a later time.
(E) Payment of Note Bolder'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 back by mefor all of its costs and expenses in enforcing this Note to the extent not prohibited
by applicable law. Šhose
expenses include, for example, reasonable attorneys' fees.
7. GIVING OFNOFICES
law requires a different
Unless applicable teethod, any notice that must be given to me under this Note will be given by
delivering or by mailing it by first class mail to meat the Property Address above or at a different
it
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 delivering it or 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 amgiven a notice of that
different address.
8. OBLIGATIONSOFPERSONSUNDER
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, including the promise to pay the Adi 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 madein this Note. The Note Holder
may enforce its rights
under this Note against each person individually or against all of us together. This mamm that any one of us may be required to
pay all of the amounts owedunder this Note.
=
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of
"Presentment" Dishonor.
means the right to require the Note Holder to demandpayment of amoumsdue. "Notice of Dishonor"
the
right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024
. . -
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024
10.. SECURED
UNIÒORM NOTE
his Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instnunent"), dated the same
date as
this Note, protects the Note Holder from possible losses which might result if I do not
keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make irnmatise payment in thll
of all amounts 1 owe under this Note. Someof those conditions are described as follows:
lander may require immediate payment in full of all SumsSecured by this
Security Instrumem if all or
any part of the Property, or if any right in the Property, is sold or transferred without Leader's prior written
permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transfernd
without lander's prior written permission, I mier also may require immediate payment in full. However, this
option shall not be exercised by i mler if such exercise is prohibited by Applicable Law.
If lander requires immadiate payment in full under this Section 18, lander will give mea notice which
states this requirement. The notice will give me at least 30 days to make the required payment. The
30-day
period will begin on the date the notice is given to mein the manner required by Section 15 of this Security
Instrument. If Ido not make the required payment during that period, lander may act so enforce its rights
under this Security Instrument without giving meany further notice or demandfor payment
WITNESSTHEHAND(S) ANDSEAL(S) OF THEUNDERSIGNED.
..c-4.
thal) (hn)
AtaaRT F. f StK 221 -sonomer .aorrower
__ ____ - (seal)
.aonewer
(han)
.morrower
[Sign Original Only)
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024
THE HAND(S) ANDSEAL(S) OFTHEUNDERSIGNED.
WTTNESS
(hi) ( g)
-sermwe
.aornswer
.
(Seal)
(seat)
-monower
.aonewa
ISign Original Only)
Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 EXHIBIT A EXHIBIT A FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024 NYSCEF Ñote amends This DOC. NO. 2 and restates in their entirety, and is given in substitatiom for, the Notes described RECEIVED NYSCEF: 05/30/2024 in Exhibit A of the NewYork Consolidation, Extenslan and Modiflestion Agreement dated the samedate as this Note. NOTE March 21, 2012 STONT MINT NEWTORK [Dete] [Chy] [3age) 279 WESTMAIN 8TREET, STUNT PO2NT, NZ 10980 IReperty Addrem| 1. PROASSETOPAY BORROWER'S In return for a loan that I have received, I promise to pay U.S. $ 224, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lander. The I.ander is ESBC BANKUSA, N.A. . I will makeall payments under this Note in the form of cash, check or moneyorder. I understand that the lander may transfer this Note. The t min or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Hokler." 2. INTEREST Interest will be charged on unpaid principal until the amount of Principal has been paid. L a yearly full I will pay interest at rate of 4.1250 The interest rate required by this Section 2 is the rate I will pay both before and after any default described inSection 6(B) of this Note. 3. PAYMENFS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will makemy monthly payment on theist day of each month beginning onasay 01, 2012 . I will makethese payments every month until 1 have paid all of the principal and interest and other charges below any described that 1 may owe under this Note. Each monthly paymem will be applied as of its acheduled due date and will be applied to interest before Principal. If, on ,haly 01, 2038 , I still owe amounts under this Note, I will pay those amounts in full on Date." that date, which is called the "Maturity I will makemy monthly payments at 2929 mtzma AVENUE, DEPEW, NZ 14043 or at a different place if required the Note Holder. by (B) Annount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1, 165.38 . 4. RIGHTTOPREPAY BORROWER'S I have the right "Ptepayment." to makepayments of Principal at any time before they are due. A payment of Principal only is known as a WhenI make a Prepayment, I will tellthe Note Holder in writing that I am may not designate a doing so. I payment as a Prepayment if I have not madeall the monthly payments due under the Note. . I may make a full Prepayment or partial Papaymemswithout paying a Prepayment charge. The Note Holder will use Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder my may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I makea partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changm. Ew"GaFaso Rare nors. smal. Family - Fanni. Mes/Fredglle MacUNIFORM INsTRU MENT p FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024 .. . NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 S. iOAlÔ CHARGES If a law, which applies to this loan and which sets mariann loan charges, is f'mally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted shall be reduced by the amount =ry to reduce the charge to the permitted limit; and mewhich "remartant pennitted limits will be refunded to me. the Note Holder limits, them: (a) any such loan charge (b) any sums already collected from may choose to makethis reamd by Principal I owe under this Note or by making a direct reducing the payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER' S FAILURE TOPAYAS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not teceived the Adi amount of any monthly payment by the end of Fifteen calendar days aAer the date it is due, I will pay a late charge to the Note Holder. '1he amount of the charge will be 5.00 of % my overdue payment of principal and interest. I will pay this late charge pmmptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date I will be in it is due, default. (C) Notlee of Default amin default, the Note Holder may send mea written notice telling methat if I do not If I pay the overdue amoumby 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 laterest that 1 owe on that amount. That date must be at least 30 days aher the date on which the notice is mailarl to meor delivered by other means. (D) No Wolver By Note Holder Even if, at a time when I am in defmst, the Note Holder does not require me to pay imrnartimely in full as described above, the Note Holder will still have the right to do so if I amin defadt at a later time. (E) Payment of Note Bolder'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 back by mefor all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Šhose expenses include, for example, reasonable attorneys' fees. 7. GIVING OFNOFICES law requires a different Unless applicable teethod, any notice that must be given to me under this Note will be given by delivering or by mailing it by first class mail to meat the Property Address above or at a different it 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 delivering it or 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 amgiven a notice of that different address. 8. OBLIGATIONSOFPERSONSUNDER 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, including the promise to pay the Adi 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 madein this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This mamm that any one of us may be required to pay all of the amounts owedunder this Note. = 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of "Presentment" Dishonor. means the right to require the Note Holder to demandpayment of amoumsdue. "Notice of Dishonor" the right to require the Note Holder to give notice to other persons that amounts due have not been paid. FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024 . . - NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 10.. SECURED UNIÒORM NOTE his Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instnunent"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make irnmatise payment in thll of all amounts 1 owe under this Note. Someof those conditions are described as follows: lander may require immediate payment in full of all SumsSecured by this Security Instrumem if all or any part of the Property, or if any right in the Property, is sold or transferred without Leader's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transfernd without lander's prior written permission, I mier also may require immediate payment in full. However, this option shall not be exercised by i mler if such exercise is prohibited by Applicable Law. If lander requires immadiate payment in full under this Section 18, lander will give mea notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to mein the manner required by Section 15 of this Security Instrument. If Ido not make the required payment during that period, lander may act so enforce its rights under this Security Instrument without giving meany further notice or demandfor payment WITNESSTHEHAND(S) ANDSEAL(S) OF THEUNDERSIGNED. ..c-4. thal) (hn) AtaaRT F. f StK 221 -sonomer .aorrower __ ____ - (seal) .aonewer (han) .morrower [Sign Original Only) FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM INDEX NO. 033013/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 THE HAND(S) ANDSEAL(S) OFTHEUNDERSIGNED. WTTNESS (hi) ( g) -sermwe .aornswer . (Seal) (seat) -monower .aonewa ISign Original Only)