Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
MORTGAGE FORECLOSURE
U.S. Bank Trust National Association, not in its individual COMPLAINT
capacity, but solely as Owner Trustee for CitiGroup
Mortgage Loan Trust2021-RP3, Index No. _______________
Plaintiff, Date Filed:______________
-against-
Isa Bartoli; HomeAmerican Credit Inc DBA Upland Mtg;
Sherwood Townhouses Homeowners Association; New York
State Department of Taxation and Finance, and “JOHN
DOE”, said name being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises being
foreclosed herein, and any parties, corporations or entities, if
any, having or claiming an interest or lien upon the
mortgaged premises,
Defendants.
The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and
still is a duly authorized Corporation or Association and having an office at c/o 75 Beattie Place,
Suite 300, Greenville, SC 29601.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place of
business at the address set forth therein and are made defendants in this action in the capacities
therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
interest said defendants may have in the subject premises.
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Third: The United States of America, The People of the State of New
York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
State of New York and all other agencies or instrumentalities of the Federal, State or local
government (by whatever name designated) if made parties to this action and if appearing in
Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
no other reason.
Fourth: Heretofore, the defendant(s), Isa Bartoli, for the purpose of
securing to GMAC Mortgage Corporation, its successors and assigns, the sum of $184,000.00,
duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption
agreement, as the case may be, wherein and whereby they bound themselves, their heirs,
executors, administrators and assigns, and each and every one of them, jointly and severally, in
the amount of said sum of money, all as more fully appears together with the terms of repayment
of said sum or rights of GMAC Mortgage Corporation, its successors and assigns, in said bond,
note or other instrument, a copy of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a mortgage was
executed, acknowledged and delivered to GMAC Mortgage Corporation, its successors and
assigns, recorded in the Nassau County Clerk’s Office on July 29, 2002, at Liber M 22707 of
Mortgages, page 277, wherein and whereby the mortgagor(s) named therein mortgaged,
bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the
premises more particularly described therein, hereinafter called "mortgaged premises", under
certain conditions with rights, duties and privileges between or among them as more fully
appears in said mortgage, a copy of which is attached hereto and made a part hereof.
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Sixth: The Plaintiff is the current owner and holder of the subject
mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner
and holder of the subject note and mortgage then information regarding the chain of title will be
contained in Schedule "D".
Seventh: The said mortgage was duly recorded and the mortgage tax due
thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the
place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to
the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
Eighth: The defendant(s), Isa Bartoli, so named, have failed and neglected
to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the
monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums,
escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect
to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH"
hereof.
Ninth: Heretofore and prior to the commencement of this action, part of
the original principal sum may have been paid to apply on said indebtedness and there remains
due the amount set forth in Schedule "C".
Tenth: In order to protect its security, the plaintiff has paid, or will pay, as
may be compelled during the pendency of this action, local taxes, assessments, water rates,
insurance premiums, inspections and other charges affecting the mortgaged premises, and the
plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon)
should be added to the sum otherwise due and be deemed secured by the said mortgage and be
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adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be
determined by the Court.
Eleventh: The defendants herein have, or claim to have, some interest in or
lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has
accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's
mortgage.
Twelfth: There are no pending proceedings at law or otherwise to collect or
enforce said bond/note and mortgage and there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this Complaint
are expressly incorporated and made a part of this Complaint for all purposes with the same force
and effect as if they were completely and fully set forth herein wherever reference has been made
to each or any of them.
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
Fifteenth: The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released
or changed the election hereinbefore made by reason of the payment or performance, after the
date of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
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all present and future defaults under the Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: Plaintiff has complied with all the provisions of section five-
hundred ninety-five-a of the New York State Banking Law and any rules and regulations
promulgated thereunder, section six-l or six-m of the New York State Banking Law and section
thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL).
Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by
filing the form required by the superintendent of financial services within three business days of
mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the
New York State Department of Financial Services f/k/a New York State Banking Department; a
copy of the Proof of Filing Statement is attached hereto and made a part hereof.
Twentieth: To the extent the original obligation was discharged in bankruptcy
under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a
debt or to impose personal liability for such obligation. However, the secured party retains all
rights, and hereby exercises its right to foreclose its lien, under its security instrument.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
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(b) That the defendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note and mortgage and any sum which may have been paid by the
plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
amounts from the dates of the respective payments and advances thereof, the costs and expenses
of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
(e) That either or any of the parties to this action may become a purchaser upon such
sale;
(f) That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the defendant(s), Isa Bartoli, unless discharged in bankruptcy may be
adjudged to pay any deficiency that may remain after applying all of said monies so applicable
thereto;
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(h) That the United States of America shall have the right of redemption, if
applicable;
(i) That the plaintiff may have such other or further relief, or both, in the premises as
may be just and equitable.
Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein.
June 12, 2024
Dated: _______________
________________________
Andrew Loete, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 24-096673
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SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Isa Bartoli Owner of record and original obligor under
3000 Stevens Street, Unit 20 the Note secured by the Mortgage recorded
Oceanside, NY 11572 on July 29, 2002 at Liber M 22707 of
Mortgages, page 277, being foreclosed
herein.
HomeAmerican Credit Inc DBA Upland Mtg Subordinate mortgagee by virtue of a
111 Presidential Boulevard, Suite 114 Mortgage recorded on July 28, 2003 in Liber
Cynwyd, PA 19004 M 24591, page 999.
Sherwood Townhouse Condominium Possible holder of claim or lien as a result of
Homeowners Association unpaid common charges and possible holder
400 Garden City Plaza, Suite 106 of a right of first refusal express or implied by
Garden City, NY 11530 virtue of the Power of Attorney, pursuant to
the terms of Declaration of Covenants,
Easements and Restrictions By-Laws
recorded.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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SCHEDULE B – DEFENDANTS
DEFENDANTS CAPACITY
New York State Department of Taxation and Lienor by virtue of a Tax Warrant for
Finance $1,441.21 filed January 18, 2017 vs. Isa
ATTN: Office of Counsel, Building 9 Bartoli, 3000 Stevens Street, Unit 20,
W A Harriman Campus Oceanside, NY 11572.
Albany, NY 12227
Lienor by virtue of a Tax Warrant for
$4,640.81 filed October 26, 2016 vs. Isa
Bartoli, 3000 Stevens Street, Unit 20,
Oceanside, NY 11572.
Lienor by virtue of a Tax Warrant for
$2,989.51 filed March 30, 2017 vs. Isa
Bartoli, 3000 Stevens Street, Unit 20,
Oceanside, NY 11572.
Lienor by virtue of a Tax Warrant for
$2,740.60 filed April 20, 2017 vs. Isa Bartoli,
3000 Stevens Street, Unit 20, Oceanside, NY
11572.
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SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $184,000.00
2. Last installment due and paid December 1, 2023
3. Date of first unpaid installment/
default date January 1, 2024
AMOUNT DUE
4. Principal balance owing $122,924.00
5. *Interest @ 6.875%
from December 1, 2023 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004.
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SCHEDULE D
The instrument being foreclosed herein is a Mortgage dated July 16, 2002, executed by Isa
Bartoli, as Mortgagor(s) to GMAC Mortgage Corporation, as Mortgagee, to secure the sum of
$184,000.00, and recorded in the Nassau County Clerk’s Office on July 29, 2002, at Liber M
22707 of Mortgages, page 277. The Mortgage was transferred from GMAC Mortgage, LLC,
successor by merger to GMAC Mortgage Corporation to Green Tree Servicing LLC, and said
transfer was memorialized by an Assignment of Mortgage executed on May 14, 2013 and
recorded June 20, 2013 at Liber M 38834, page 993. The Mortgage was subsequently
transferred from Ditech Financial LLC F/K/A Green Tree Servicing LLC to New Residential
Mortgage LLC, and said transfer was memorialized by an Assignment of Mortgage executed on
February 27, 2020 and recorded March 2, 2020 at Book 44065, page 10. The Mortgage was
subsequently transferred from New Residential Mortgage LLC to Federal National Mortgage
Association, and said transfer was memorialized by an Assignment of Mortgage executed on
March 1, 2022 and recorded March 4, 2022 at Book 46410, page 237. The Mortgage was
subsequently transferred to U.S. Bank Trust National Association, not in its individual capacity,
but solely as Trustee of CitiGroup Mortgage Loan Trust 2021-RP3, and said transfer was
memorialized by an Assignment of Mortgage executed on September 9, 2021 and recorded
September 21, 2021 at Book 45858, page 242.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
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NASSAUCOUNTYCLERK'S OFFICE
ENDORSEMENT
COVERPAGE
Recorded Date: 07-29-2002 Record and Return To:
Recorded Time: 3:02:50 p ISA BARTOLI
3000 20 STEVEN ST
Liber Book: D 11506 UNIT 20
Pages From: 899 OCEANSIDE, NY 11572
To: 9024
Control
Number: 2033
Ref #: RE 030994
Doc Type: D01 DEED
Location: Section Block Lot Unit
HEMPSTEAD(2820) 0038 0000L- OO O 0347 00205
Consideration Amount: 259,000.00
Taxes Total 1,036.00
Recording Totals 77.00
GJS001 Total Payment 1,113.00
THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULDNOT BE REMOVED
KAREN V. MURPHY
COUNTYCLERK
2002072902033
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BEFORE5IGNING THIS IN$TRlJMENT - THIS (NSTRUMENT
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THIS INDENTURE,madeonJuly i (a , 2002
BEUVEENSteven WEissman and Victoria Weissman, H&W, residing at
3000-20 Stevens Street, Oceanside, New ..York 11572
party of the first part, and Isa Bartoli, residi ng a L 75--05 35th Street,
Jackson Heights r New York
party of the secl rardence n m a eity. mefude she .urers and .orat nwnfrer.
vidual(s), or the persori upon t)chalf of which the iridivirfuaj(s) Ar
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that he/shc/they know(s)
ACKNOWLSDGMENT
OtJTSIDENEWYORK
STATE(RPL309-D)
State of County of ss.: to be the individuahs) described iri and whoexecuted the fore-
going instrument. that said subscribing witnesses) was (were)
On hefore me. the undersigned. Present and saw said
personally appeared
execute the same; and thal said witness(es) at Ihe same time
subscribed his/her/their namels) as a witness(es) thereto.
personally know• to me or proved to me on the basis of satis- Menounide 0v
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factory evklence to be the individual(s) whose name(s) is (are) orrrmrm or wher plare rutnm fedgmemdoi And that said subscribing
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that he/she/they executed the same in his/her/their capacity(tes), . .... .._...___ __ .. . ... . ...... . .. ....
and that by his/her/their signature(sl ort the mstrumeng, the indi- - . ...__..._.. . . ......_.....____ .
vidual(s),or the person upon behalf of which the individuakg)
acted. executed the instrument, and that such individual made
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Steven Weissman and Victoria Weissman r COUNTYOR TOWN Nassau
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Isa Bartoll RETURNBY MAIL TO:
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CIS ABSTRACT INC. Title: CIS-02-0410N
SCHEDULEA
All that Certain plot, piece, or parcel of Land with the
Buildings and Improvements thereon erected, situate, lying and
being a part of a condominium in the unincorporated area of
Oceanside, at Atlantic Avenue and Stevens Street, Town of
Hempstead, County of Nassau and State of New York, known and
designated as Unit No. 205, Building 2, together with an
undivided 1/60th interest in the common elements of the
condominium hereinafter described as the same is defined in the
Declaration of the Condominium hereinafter referred to. The real
property above described is a unit shown on the plans of a
condominium prepared and certified by Alwin Cassens, Ur.,
Registered Architect, 145 South Franklin Avenue, Valley Stream,
New York and filed in the Office of the Clerk of Nassau County on
the 12th day of June, 1967 as File No. CA-5 as defined in the
Declaration of the Condominium entitled, Sherwood Town liouse
Condominium sponsored by H.I.K. Construction Corp. and recorded
in the Office of the Clerk of Nassau County on the 12th day of
June, 1967, in Liber 7678 of Conveyances at page 304, and as
modified by amendment recorded in the Office of the Clerk of
Nassau County on the 22nd day of June, 1967 in Liber 7683 of
conveyances at page 307 , covering the property therein described
as follows:
BEGINNING at the corner formed by the intersection of the
northerly side of Atlantic Avenue, also known as West Atlantic
Avenue, with the westerly side of Stevens Street;
RUNNING THENCE: along the northerly side of Atlantic Avenue the
following two (2) courses and distances:
1) North 64 degrees 02 minutes 19 seconds West, 90.83 feet
(actual), 90.72 feet (deed);
2) North 63 degrees 50 minutes 44 seconds West, 238.91 feet
(actual), 240.89 feet (deed) to the easterly line of land now or
formerly of J. Anzovino;
THENCE: along the land now or formerly of J. Anzovino the
following three (3) courses and distances:
1) North 26 degrees 09 minutes 16 seconds East, 150 feet to the
northerly line of land now or formerly of J. Anzovino;
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F
OIS ABSTRACTINC. Title: CIS-02-0410N
SCHEDULEA cont.
2) North 62 degrees 56 minutes 44 seconds West along the
northerly line of land now or formerly of J. Anzovino, 139.96
feet;
3) North 62 degrees 13 minutes 03 seconds West , 49.68 feet to the
southerly line of land of the County of Nassau;
THENCE: along the southerly line of land of the County of Nassau
as laid out as the Map Line of Powell's Creek, the following four
(4) courses and distances:
1) North 52 degrees 23 minutes 55 seconds East, 56.23 feet;
2) On an arc bearing to the right with a radius of 250.00 feet
92.25 feet;
3) North 73 degrees 32 minutes 23 seconds East, 308.68 feet;
4) On the arc bearing to the left with a radius of 300.00 feet,
30.38 feet to the westerly side of Right-of-Way;
THENCE: South 5 degrees 46 minutes 43 seconds West and part of
the distance along the westerly side of Right-of-Way and along
the westerly side of Stevens Street, a distance of 267.76 feet to
a point;
THENCE: South 5 degrees 18 minutes 43 seconds West still along
the westerly side of Stevens Street 274.89 feet to the corner, at
the point or place of BEGINNTNG.
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NOTE
July 16, 2002 Oceanside
CERTIFIED
N
THUE¬OPY
>
3000-20 Steven Street, Oceanside, NY 11572
/Property Address)
1. BORROWER'S
PROMISETOPAY
In return for a loan that I have received, I promise to
pay U.S. $ 184 , 000. 00 (this amount is called
"PrincipaF), plus interest, to the order of the Leader. The lander is
GMACMortgage Corporation
I will make all payments under this Note in the form of cash, check or
money order. I understand that the 12nder may
transfer this Note. The Leader or anyone who takes this Note
Holder." by transfer and who is entided 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 6.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest
by making a payment every month.
make my monthly payment on die First
I will
day of each month beginning on September 1
2002 . I will make these payments
every momhuntil I bave 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, 2032
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
monthly payments at P.O. Box 780, Waterloo,
IA 50704-0780, ATFN:
Payment Processing or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
Mymonthly payment will be in the amount of U.S. $ 1, 208.75
4. BORROWER'S
RIGlIT TOPREPAY
I have the right to make payments of Principal at
"Prepayment." any time before they are due. A payment of Principal only is
knownas a WhenI make a Prepayment, I will tell the Note Holder in writing that I am
doing so. I may
not designate a payment as a Prepayment if I have not made all 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 1 owe under this Note.
However, the Note Holder mayapply
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 make a partial Prepayment, there will be no changes in the due date or in the
amoumof 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 limits, then: (a) any
such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from me which exceeded permitted limits will be refunded to me. The Note Holder
maychoose 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, BORROWER'S
FAILURETOPAYAS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of
any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of
the charge will be 2. 000 %
of my overdue paymemof 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, 1 will be in default.
(C) Notice of Default
If I am in default, the Note Holder
may send mea 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. That date must be at least 30 days after the
date on which
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FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU MORTGAGE FORECLOSURE U.S. Bank Trust National Association, not in its individual COMPLAINT capacity, but solely as Owner Trustee for CitiGroup Mortgage Loan Trust2021-RP3, Index No. _______________ Plaintiff, Date Filed:______________ -against- Isa Bartoli; HomeAmerican Credit Inc DBA Upland Mtg; Sherwood Townhouses Homeowners Association; New York State Department of Taxation and Finance, and “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 75 Beattie Place, Suite 300, Greenville, SC 29601. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 24-096673 Complaint Page 1 of 8 1 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Isa Bartoli, for the purpose of securing to GMAC Mortgage Corporation, its successors and assigns, the sum of $184,000.00, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of GMAC Mortgage Corporation, its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to GMAC Mortgage Corporation, its successors and assigns, recorded in the Nassau County Clerk’s Office on July 29, 2002, at Liber M 22707 of Mortgages, page 277, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. 24-096673 Complaint Page 2 of 8 2 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 Sixth: The Plaintiff is the current owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgage was duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Isa Bartoli, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be 24-096673 Complaint Page 3 of 8 3 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be determined by the Court. Eleventh: The defendants herein have, or claim to have, some interest in or lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and 24-096673 Complaint Page 4 of 8 4 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: Plaintiff has complied with all the provisions of section five- hundred ninety-five-a of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by filing the form required by the superintendent of financial services within three business days of mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the New York State Department of Financial Services f/k/a New York State Banking Department; a copy of the Proof of Filing Statement is attached hereto and made a part hereof. Twentieth: To the extent the original obligation was discharged in bankruptcy under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, the secured party retains all rights, and hereby exercises its right to foreclose its lien, under its security instrument. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; 24-096673 Complaint Page 5 of 8 5 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Isa Bartoli, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; 24-096673 Complaint Page 6 of 8 6 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 (h) That the United States of America shall have the right of redemption, if applicable; (i) That the plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein. June 12, 2024 Dated: _______________ ________________________ Andrew Loete, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 24-096673 24-096673 Complaint Page 7 of 8 7 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Isa Bartoli Owner of record and original obligor under 3000 Stevens Street, Unit 20 the Note secured by the Mortgage recorded Oceanside, NY 11572 on July 29, 2002 at Liber M 22707 of Mortgages, page 277, being foreclosed herein. HomeAmerican Credit Inc DBA Upland Mtg Subordinate mortgagee by virtue of a 111 Presidential Boulevard, Suite 114 Mortgage recorded on July 28, 2003 in Liber Cynwyd, PA 19004 M 24591, page 999. Sherwood Townhouse Condominium Possible holder of claim or lien as a result of Homeowners Association unpaid common charges and possible holder 400 Garden City Plaza, Suite 106 of a right of first refusal express or implied by Garden City, NY 11530 virtue of the Power of Attorney, pursuant to the terms of Declaration of Covenants, Easements and Restrictions By-Laws recorded. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 24-096673 8 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SCHEDULE B – DEFENDANTS DEFENDANTS CAPACITY New York State Department of Taxation and Lienor by virtue of a Tax Warrant for Finance $1,441.21 filed January 18, 2017 vs. Isa ATTN: Office of Counsel, Building 9 Bartoli, 3000 Stevens Street, Unit 20, W A Harriman Campus Oceanside, NY 11572. Albany, NY 12227 Lienor by virtue of a Tax Warrant for $4,640.81 filed October 26, 2016 vs. Isa Bartoli, 3000 Stevens Street, Unit 20, Oceanside, NY 11572. Lienor by virtue of a Tax Warrant for $2,989.51 filed March 30, 2017 vs. Isa Bartoli, 3000 Stevens Street, Unit 20, Oceanside, NY 11572. Lienor by virtue of a Tax Warrant for $2,740.60 filed April 20, 2017 vs. Isa Bartoli, 3000 Stevens Street, Unit 20, Oceanside, NY 11572. 24-096673 9 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $184,000.00 2. Last installment due and paid December 1, 2023 3. Date of first unpaid installment/ default date January 1, 2024 AMOUNT DUE 4. Principal balance owing $122,924.00 5. *Interest @ 6.875% from December 1, 2023 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004. 24-096673 10 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SCHEDULE D The instrument being foreclosed herein is a Mortgage dated July 16, 2002, executed by Isa Bartoli, as Mortgagor(s) to GMAC Mortgage Corporation, as Mortgagee, to secure the sum of $184,000.00, and recorded in the Nassau County Clerk’s Office on July 29, 2002, at Liber M 22707 of Mortgages, page 277. The Mortgage was transferred from GMAC Mortgage, LLC, successor by merger to GMAC Mortgage Corporation to Green Tree Servicing LLC, and said transfer was memorialized by an Assignment of Mortgage executed on May 14, 2013 and recorded June 20, 2013 at Liber M 38834, page 993. The Mortgage was subsequently transferred from Ditech Financial LLC F/K/A Green Tree Servicing LLC to New Residential Mortgage LLC, and said transfer was memorialized by an Assignment of Mortgage executed on February 27, 2020 and recorded March 2, 2020 at Book 44065, page 10. The Mortgage was subsequently transferred from New Residential Mortgage LLC to Federal National Mortgage Association, and said transfer was memorialized by an Assignment of Mortgage executed on March 1, 2022 and recorded March 4, 2022 at Book 46410, page 237. The Mortgage was subsequently transferred to U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of CitiGroup Mortgage Loan Trust 2021-RP3, and said transfer was memorialized by an Assignment of Mortgage executed on September 9, 2021 and recorded September 21, 2021 at Book 45858, page 242. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 24-096673 11 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 NASSAUCOUNTYCLERK'S OFFICE ENDORSEMENT COVERPAGE Recorded Date: 07-29-2002 Record and Return To: Recorded Time: 3:02:50 p ISA BARTOLI 3000 20 STEVEN ST Liber Book: D 11506 UNIT 20 Pages From: 899 OCEANSIDE, NY 11572 To: 9024 Control Number: 2033 Ref #: RE 030994 Doc Type: D01 DEED Location: Section Block Lot Unit HEMPSTEAD(2820) 0038 0000L- OO O 0347 00205 Consideration Amount: 259,000.00 Taxes Total 1,036.00 Recording Totals 77.00 GJS001 Total Payment 1,113.00 THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULDNOT BE REMOVED KAREN V. MURPHY COUNTYCLERK 2002072902033 12 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 . gh '.| T 691- Sr:Lm?rd NYM.Tl Eu-mStW'Rw.aiiia 0;'.3.ale acrd ui.mIBUYii.DBYBhimberg0-XCel5iOF, IOC. alf.iliwl"ritiitiirsdLh iii3 :|htintc3iitlit .g: i I '·'4 hC¿'r. NYC10013 --i YOURLAWYER CONSULT SHOULDBE U5EDBY LAWYERSONLY BEFORE5IGNING THIS IN$TRlJMENT - THIS (NSTRUMENT ('J $ Î - : N ( -) L THIS INDENTURE,madeonJuly i (a , 2002 BEUVEENSteven WEissman and Victoria Weissman, H&W, residing at 3000-20 Stevens Street, Oceanside, New ..York 11572 party of the first part, and Isa Bartoli, residi ng a L 75--05 35th Street, Jackson Heights r New York party of the secl rardence n m a eity. mefude she .urers and .orat nwnfrer. vidual(s), or the persori upon t)chalf of which the iridivirfuaj(s) Ar acted,executed tri-e rushent, Notary M 0. 0 DEWUW6 . .- Qua ed m Scheik .,_A County Comnuss,01EoesMarch 30.20 that he/shc/they know(s) ACKNOWLSDGMENT OtJTSIDENEWYORK STATE(RPL309-D) State of County of ss.: to be the individuahs) described iri and whoexecuted the fore- going instrument. that said subscribing witnesses) was (were) On hefore me. the undersigned. Present and saw said personally appeared execute the same; and thal said witness(es) at Ihe same time subscribed his/her/their namels) as a witness(es) thereto. personally know• to me or proved to me on the basis of satis- Menounide 0v Yrd Stmeenun cuwe posincat twrtmomhmte factory evklence to be the individual(s) whose name(s) is (are) orrrmrm or wher plare rutnm fedgmemdoi And that said subscribing subscribed to the WEthi• inStrUrnent and aCknOWledged10 me WÍt ess(es) made such appearance before the undersigned in that he/she/they executed the same in his/her/their capacity(tes), . .... .._...___ __ .. . ... . ...... . .. .... and that by his/her/their signature(sl ort the mstrumeng, the indi- - . ...__..._.. . . ......_.....____ . vidual(s),or the person upon behalf of which the individuakg) acted. executed the instrument, and that such individual made such appearance before the undersigned in mxnamreumietHer edirrdeviaiualtaking ackvumledgmn\n Mert ciE ar pryld€_}.trdadhr.stem stateor senmnor wher plaev acGurwi amus edxmentmLeray isipramre wedr>f)icetrj tirdrvadualmkmgacRrtruviedgrnale Biar gain anh Bale Beth SECRON WanCOVENANTAcAmi GRANTOR'sActs L BLOCK T_fy b_o:-.. L.LS_. -..G 4 f O 10 LOT 347 Steven Weissman and Victoria Weissman r COUNTYOR TOWN Nassau H&W Isa Bartoll RETURNBY MAIL TO: C - 4a 1 858 TITLENY IEl o 14 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 CIS ABSTRACT INC. Title: CIS-02-0410N SCHEDULEA All that Certain plot, piece, or parcel of Land with the Buildings and Improvements thereon erected, situate, lying and being a part of a condominium in the unincorporated area of Oceanside, at Atlantic Avenue and Stevens Street, Town of Hempstead, County of Nassau and State of New York, known and designated as Unit No. 205, Building 2, together with an undivided 1/60th interest in the common elements of the condominium hereinafter described as the same is defined in the Declaration of the Condominium hereinafter referred to. The real property above described is a unit shown on the plans of a condominium prepared and certified by Alwin Cassens, Ur., Registered Architect, 145 South Franklin Avenue, Valley Stream, New York and filed in the Office of the Clerk of Nassau County on the 12th day of June, 1967 as File No. CA-5 as defined in the Declaration of the Condominium entitled, Sherwood Town liouse Condominium sponsored by H.I.K. Construction Corp. and recorded in the Office of the Clerk of Nassau County on the 12th day of June, 1967, in Liber 7678 of Conveyances at page 304, and as modified by amendment recorded in the Office of the Clerk of Nassau County on the 22nd day of June, 1967 in Liber 7683 of conveyances at page 307 , covering the property therein described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Atlantic Avenue, also known as West Atlantic Avenue, with the westerly side of Stevens Street; RUNNING THENCE: along the northerly side of Atlantic Avenue the following two (2) courses and distances: 1) North 64 degrees 02 minutes 19 seconds West, 90.83 feet (actual), 90.72 feet (deed); 2) North 63 degrees 50 minutes 44 seconds West, 238.91 feet (actual), 240.89 feet (deed) to the easterly line of land now or formerly of J. Anzovino; THENCE: along the land now or formerly of J. Anzovino the following three (3) courses and distances: 1) North 26 degrees 09 minutes 16 seconds East, 150 feet to the northerly line of land now or formerly of J. Anzovino; 15 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 F OIS ABSTRACTINC. Title: CIS-02-0410N SCHEDULEA cont. 2) North 62 degrees 56 minutes 44 seconds West along the northerly line of land now or formerly of J. Anzovino, 139.96 feet; 3) North 62 degrees 13 minutes 03 seconds West , 49.68 feet to the southerly line of land of the County of Nassau; THENCE: along the southerly line of land of the County of Nassau as laid out as the Map Line of Powell's Creek, the following four (4) courses and distances: 1) North 52 degrees 23 minutes 55 seconds East, 56.23 feet; 2) On an arc bearing to the right with a radius of 250.00 feet 92.25 feet; 3) North 73 degrees 32 minutes 23 seconds East, 308.68 feet; 4) On the arc bearing to the left with a radius of 300.00 feet, 30.38 feet to the westerly side of Right-of-Way; THENCE: South 5 degrees 46 minutes 43 seconds West and part of the distance along the westerly side of Right-of-Way and along the westerly side of Stevens Street, a distance of 267.76 feet to a point; THENCE: South 5 degrees 18 minutes 43 seconds West still along the westerly side of Stevens Street 274.89 feet to the corner, at the point or place of BEGINNTNG. 16 of 59 FILED: NASSAU COUNTY CLERK 06/19/2024 03:09 PM INDEX NO. 610709/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 NOTE July 16, 2002 Oceanside CERTIFIED N THUE¬OPY > 3000-20 Steven Street, Oceanside, NY 11572 /Property Address) 1. BORROWER'S PROMISETOPAY In return for a loan that I have received, I promise to pay U.S. $ 184 , 000. 00 (this amount is called "PrincipaF), plus interest, to the order of the Leader. The lander is GMACMortgage Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the 12nder may transfer this Note. The Leader or anyone who takes this Note Holder." by transfer and who is entided 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 6.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. make my monthly payment on die First I will day of each month beginning on September 1 2002 . I will make these payments every momhuntil I bave 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, 2032 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 monthly payments at P.O. Box 780, Waterloo, IA 50704-0780, ATFN: Payment Processing or at a different place if required by the Note Holder. (B) Amount of Monthly Payments Mymonthly payment will be in the amount of U.S. $ 1, 208.75 4. BORROWER'S RIGlIT TOPREPAY I have the right to make payments of Principal at "Prepayment." any time before they are due. A payment of Principal only is knownas a WhenI make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all 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 1 owe under this Note. However, the Note Holder mayapply 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 make a partial Prepayment, there will be no changes in the due date or in the amoumof 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 limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder maychoose 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, BORROWER'S FAILURETOPAYAS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2. 000 % of my overdue paymemof 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, 1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send mea 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. That date must be at least 30 days after the date on which