Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024
EXHIBIT A
EXHIBIT A
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024
MIN:
NOTE
California
July 16, 2019 lrvine,
[City] [State]
[Date]
1808 PARKSTREET, PEEKSKILL, NY10566
[Property Address]
1. BORROWER'S
PROMISETO PAY
In return for that I have received, I promise to pay U.S. $162,600.00
a loan (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is Impac Mortgage Corp. dba Excel Mortgage.
I will makeall payments under in the form of cash, check or money order.
this Note
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
Holder."
is entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid the amount of Principal has been paid. I will pay interest at a
%
principal until full
yearly rate of 8.250
Section
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I willpay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on September 1, 2019.
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. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal. If, on August 1, 2049, I still owe amounts under this Note, I
Date."
will pay those amounts in full on that date, which is called the "Maturity
I will make my monthly payments at clo LoanCare, P.O. Box 60509
Industry, CA91716-0509
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,220.81.
4. RIGHTTOPREPAY
BORROWER'S
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a WhenI make a Prepayment, I will tell the Note Holder in writing that I amdoing so. I maynot designate
"Prepayment."
a payment as a Prepayment if I have not madeall the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder mayapply
Prepayment to
my Pepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
reduce the Principal amount of the Note. If I make a 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 changes.
5. LOANCHARGES
If a law, which applies to this loan and which sets maximumloan 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 IImits, 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 from mewhich 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 Principal, the reduction will be treated as a partial Prepayment.
6. FAILURE TOPAYAS REQUIRED
BORROWER'S
(A) Late Charge for Overdue Payments
the Note Holder has not received the full amount of any monthly payment by the end of 15
If
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 mea written notice telling methat if I do not pay the overdue amount
Principal which has not been
by a certain date, the Note Holder may require meto pay immediately the full amount of
paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice
is malled to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require meto 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.
NEW
YORKFlXED RATENOTE- Single Family - Fannie Mae/Freddle MacuNIFORMINSTRUMENT Form 3233 1/01
EMeMae, Inc. Page 1 of 2 F3200NYN 0107
F3200NYN(CLS)
07/16/2019 05:43 AMPST
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024
' LOAN#:
(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 back by mefor all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
attorneys'
law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to meunder 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 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. UNDERTHIS NOTE
OBLIGATIONSOFPERSONS
If signs this Note, each person is fully and personally obligated to keep all of the promises
more than one person
madein this Note, including the promise to pay the full 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 means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAlVERS
I and any other person obligations under this Note waive the rights of Presentment and Notice of Dishonor"
who has Dishonor.
"Presentment" amounts
means the right to require the Note Holder to demand payment of due. "Notice of
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORMSECURED
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
samedate 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 desci1bes howand under what conditions I maybe required to make
immediate payment in full of all amounts I owe under this Note. Someof those conditions are described as follows:
Lender may require immediate payment in full of all SumsSecured by this Security Instrument if all or any
part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission.
If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's
Lender immediate payment However, this option shall not be
prior written permission, also may require in full.
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Lender will give mea notice which
states
this requirement. The notice will give meat least 30 days to make the required payment. The 30-day period will
begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If
I do not make the required payment during that period, Lender may act to enforce its rights under this Security
Instrument without giving me any further notice or demand for payment.
WITNESSTHEHAND(S) ANDSEAL(S) OFTHEUNDERSIGNED.
(Seal)
J A CVAREZ
Lender: Impac Mortgage Corp. dba Excel Mortgage
NMLSID: *f28231
Broker: TMCEquities, Inc OF
ORDER
NMLSID: 18141 PAY TOTHE
Loan Originator: Michael Arcidiacono
NMLSID: 64268
RECOURSE
y THOUT
IMi¼C Mortgage
r
arehous- AnaWSt
3r.
irn,
[Sign Original Only]
NEWYORKFlXED RATENOTE- Single Family - Fannie MaefFreddle Mac uNIFORMINsTRUMENT Form 3233 1/Di
Ellie Mae, Inc. Page 2 of 2 F3200NYN 0107
F3200NYN(CLS)
07/165.019 o5:43 AMPST
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024
NOTEALLONGE
Loan #:
Borrower(s): J A REZ
Loan Amount: $ 162,500.00
Property Address: 1608 PARKSTREET, PEEKSKILL, NY 10566
Date of Note: JULY16, 2019
PAYTOTHEORDEROF
Without Recourse
CORP. DBAEXCEL
IMPAC MORTGAGE MORTGAGE
By:
Jean Y ng, Le Ware se Dept
Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024 EXHIBIT A EXHIBIT A FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024 MIN: NOTE California July 16, 2019 lrvine, [City] [State] [Date] 1808 PARKSTREET, PEEKSKILL, NY10566 [Property Address] 1. BORROWER'S PROMISETO PAY In return for that I have received, I promise to pay U.S. $162,600.00 a loan (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Impac Mortgage Corp. dba Excel Mortgage. I will makeall payments under in the form of cash, check or money order. this Note I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Holder." is entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid the amount of Principal has been paid. I will pay interest at a % principal until full yearly rate of 8.250 Section The interest rate required by this Section 2 is the rate I will pay both before and after any default described in 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I willpay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on September 1, 2019. 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. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on August 1, 2049, I still owe amounts under this Note, I Date." will pay those amounts in full on that date, which is called the "Maturity I will make my monthly payments at clo LoanCare, P.O. Box 60509 Industry, CA91716-0509 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $1,220.81. 4. RIGHTTOPREPAY BORROWER'S I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a WhenI make a Prepayment, I will tell the Note Holder in writing that I amdoing so. I maynot designate "Prepayment." a payment as a Prepayment if I have not madeall the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder mayapply Prepayment to my Pepayment to the accrued and unpaid interest on the Prepayment amount, before applying my reduce the Principal amount of the Note. If I make a 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 changes. 5. LOANCHARGES If a law, which applies to this loan and which sets maximumloan 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 IImits, 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 from mewhich 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 Principal, the reduction will be treated as a partial Prepayment. 6. FAILURE TOPAYAS REQUIRED BORROWER'S (A) Late Charge for Overdue Payments the Note Holder has not received the full amount of any monthly payment by the end of 15 If 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 mea written notice telling methat if I do not pay the overdue amount Principal which has not been by a certain date, the Note Holder may require meto pay immediately the full amount of paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is malled to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require meto 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. NEW YORKFlXED RATENOTE- Single Family - Fannie Mae/Freddle MacuNIFORMINSTRUMENT Form 3233 1/01 EMeMae, Inc. Page 1 of 2 F3200NYN 0107 F3200NYN(CLS) 07/16/2019 05:43 AMPST FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024 ' LOAN#: (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 back by mefor all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable attorneys' law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to meunder 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 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. UNDERTHIS NOTE OBLIGATIONSOFPERSONS If signs this Note, each person is fully and personally obligated to keep all of the promises more than one person madein this Note, including the promise to pay the full 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 means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAlVERS I and any other person obligations under this Note waive the rights of Presentment and Notice of Dishonor" who has Dishonor. "Presentment" amounts means the right to require the Note Holder to demand payment of due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORMSECURED 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 samedate 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 desci1bes howand under what conditions I maybe required to make immediate payment in full of all amounts I owe under this Note. Someof those conditions are described as follows: Lender may require immediate payment in full of all SumsSecured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's Lender immediate payment However, this option shall not be prior written permission, also may require in full. exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Lender will give mea notice which states this requirement. The notice will give meat least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESSTHEHAND(S) ANDSEAL(S) OFTHEUNDERSIGNED. (Seal) J A CVAREZ Lender: Impac Mortgage Corp. dba Excel Mortgage NMLSID: *f28231 Broker: TMCEquities, Inc OF ORDER NMLSID: 18141 PAY TOTHE Loan Originator: Michael Arcidiacono NMLSID: 64268 RECOURSE y THOUT IMi¼C Mortgage r arehous- AnaWSt 3r. irn, [Sign Original Only] NEWYORKFlXED RATENOTE- Single Family - Fannie MaefFreddle Mac uNIFORMINsTRUMENT Form 3233 1/Di Ellie Mae, Inc. Page 2 of 2 F3200NYN 0107 F3200NYN(CLS) 07/165.019 o5:43 AMPST FILED: WESTCHESTER COUNTY CLERK 06/04/2024 05:26 PM INDEX NO. 63476/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/04/2024 NOTEALLONGE Loan #: Borrower(s): J A REZ Loan Amount: $ 162,500.00 Property Address: 1608 PARKSTREET, PEEKSKILL, NY 10566 Date of Note: JULY16, 2019 PAYTOTHEORDEROF Without Recourse CORP. DBAEXCEL IMPAC MORTGAGE MORTGAGE By: Jean Y ng, Le Ware se Dept