Preview
FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
Exhibit C
FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
NASSAUCOUNTYCLERK'S OFFICE
COVERPAGE
ENDORSEMENT
Recorded Date: 11-12-2007 Record and Return To:
Recorded Time: 10:15:14 a BERKMANHENOCHPETERSON& PEDDY PC
ATTN GILBERT HENOCHESQ
Liber Book: M 32493 100 GARDENCITY PLAZA
Pages From: 605 GARDENCITY, NY 11530
To: 645
Control
Number: 476
Ref #: CY 047267
Doc Type: M07 MORTGAGE-COMMERCIAL
Location: Section Block Lot Unit
OYSTERBAY (2824) 0011 0000B-00 01091
Consideration Amount: 2,335,000.00
Taxes Total 24,517.50
Recording Totals 158.00
Total Payment 24,675.50
IJC001
NOT BE REMOVED
THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULD
MAUREEN O'CONNELL
COUNTYCLERK
1
RAMllillEMIRHHR1RilRHill
2007111200476
FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
AND
MORTGAGE
SECURITYAGREEMENT
Dated: November 1, 2007
in theamount of
$2,335,000.00
(the "Mortgage Amount")
From
JERPEASTREALTYLLC
company, having an office at
a NewYork limited liability
126-85 Willets Point Boulevard, Flushing, NewYork 11368
(the "Mortgagor")
To
National Bank of NewYork
City
Association organized
a National Banking
and existing under the laws of the
United States of America having an
office at
York 11354-4112
136-29 38th Avenue, Flushing, New
(the "Mortgagee")
LOCATIONOFPREMISES
Hollow Road, Westbury, NewYork
11590
980 Brush
Tax Map Description
State : NewYork
: Nassau
County
Section : 11
Block : B
Lot : 1091
please return to:
After recording,
BERKMAN,HENOCH,PETERSON& PEDDY,
P.C.
100 Garden City Plaza
Garden City, NewYork 11530
Attention: Gilbert Henoch, Esq.
wpd 31.2007(1 53pm)\pmt
Queber
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FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
m
RECITAL
premises described in Schedule A and has
The Mortgagor is the owner of the him
evidenced by his note, dated the date hereof,
obligating
borrowed the Mortgage Amount as amendments
with any modifications and/or
the Mortgage Amount. The note,
together
to pay the payment thereof,
"Note". In order to secure the
referred to as the
thereof, is hereinafter
Mortgage.
Mortgagor has duly executed this
CERTAINDEFINITIONS
that, unless the
context otherwise specifies
The Mortgagor and the Mortgagee agree such definitions to be
have the meanings herein specified,
or requires, the following terms shall
singular and to the plural forms of such terms.
applicable equally to the
"Chattels" appliances, apparatus, equipment,
means all fixtures, fittings,
articles of personal property,
and replacements thereof owned by
machinery and
placed upon or
time hereafter affixed to, attached to,
Mortgagor, now or at any comfortable use, enjoyment,
with the complete and
used in any way in connection Premises.
the Improvements of the
occupancy or operation of
Default" means the events and circumstances described as such
"Events of
in Section 2.01 hereof.
who have guaranteed the payment
"Guarantor" means the party or parties
of the Note.
"Improvements" structures and buildings, and replacements
means all
located upon the Premises by the Mortgagor, including
now or hereafter
nature
and fixtures of every kind and
thereof,
all plant equipment, apparatus, machinery
part of said structures
and/or buildings.
whatsoever forming
"Intangibles" such quoted term is
intangibles"
(as
means all "general
premises are
the state wherein the
Code of
defmed in the Uniform Commercial which
the Improvements and
in any way relating to the Premises and/or
located) books and records
trade names, good will and
the Mortgagor owns, all licenses, Premises or any part
operated or to be operated on
the
relating to the business or to
the Mortgagor, and all unearned premiums, accrued, accruing
thereof by Mortgagor
policies now or hereafter obtained by the
accrue under all insurance
defmed, and all rights and
interest
Mortgaged Property, as hereinafter
insuring the
of Mortgagor thereunder.
31,2007(I 53pm)\pmt
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FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
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Rate" means an interest rate of 21% per annum after an
§,l "Involuntary
Event of Default under this Mortgage.
"Premises" means the premises described in Schedule A hereto, including
royalties and appurtenances
privileges,
all of the air space, easements, rights,
anywise appertaining, and all of the estate, right, title,
thereunto belonging or in
the Mortgagor therein and in
the streets,
claim or demandwhatsoever of
interest,
in possession or expec-
alleys adjacent thereto, either at law or in equity,
and ways
now or hereafter acquired.
tancy,
set forth
are not defined above have the meaning
All terms of this Mortgage which
in this Mortgage.
GRANTINGCLAUSE
of the premises and inorder
in consideration
NOW,THEREFORE,the Mortgagor, and any other sums payable
the principal of the Note and the interest
to secure payment of both provisions
this Mortgage and the
performance and observance of all the
thereon, and/or under Mortgagee pursuant
payment of any sums advanced by the
hereof and of the Note including the referred to as the
of such obligations are hereinafter
to this Mortgage (collectively, all
conveys,
sells, warrants, remises, releases,
"Indebtedness"), hereby gives, grants, bargains, confirms unto the
sets over and
transfers, mortgages, hypothecates, deposits, pledges,
assigns, of the following
title to and under any and all
and interest in,
Mortgagee all its estate, right,
hereafter acquired:
(the "Mortgaged Property"), whether now ownedor held or
described property
(a) the Premises;
(b) the Improvements;
(c) the Chattels;
(d) the Intangibles;
of any of the
all proceeds of the conversion, voluntary or involuntary,
(e)
without limitation, proceeds of hazard and title
liquidated claims, including,
foregoing into cash or
insurance and condemnation awards;
entered into and all
and lettings of the Premises now or
hereafter
all leases
(f)
without limitation, cash or
and interest of the Mortgagor thereunder,
including,
right, title obligations
the lessees of their
securities deposited thereunder to secure performance by
the expiration of the terms of such
or securities are to be held until
thereunder, whether such cash prior to the
of rent coming due immediately
leases or applied to one or more
of the installments
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. . .
FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
Mortgagor's right to possess and apply such cash or
of such terms, subject to the
expiratio,
further, the right, upon the happening of an
to an Event of Default, including,
securities prior
the rent thereunder.
Event of Default, to receive and
collect
and assigns
the Mortgagee, its successors
TO HAVEANDTO HOLDunto Premises to its and
the Improvements now or hereafter erected on the
together with all Mortgagor
forever,
the Indebtedness is paid in full. And also the
their own proper use and behoof until
successors and
the said Mortgagee, its
does for successors and assigns, covenant with
its Premises in fee
presents it is well seized of the
itself,
of these
assigns, that at and
until the ensealing from all
right to bargain and sell the
same and that the same are free
simple, and has good
the title policy insuring
listed as exceptions to title in
encumbrances whatsoever except such as are
"Permitted Encumbrances").
the lien of this Mortgage (the
paid in full, the Mortgagor does by
And furthermore, until the Indebtedness is
Premises
forever to warrant and defend the
these presents bind itself and its successors and assigns claims and
the Mortgagee, its successors
and assigns, against all
described in Schedule A to
mentioned herein.
demands whatsoever except as
ARTICLE I
OFTHE
PARTICULARCOVENANTS
MORTGAGOR
General Representations. Covenants and Warranties
Section 1.01
represents and warrants that: (a) it has a good and marketable title
The Mortgagor
no lien, charge or encumbrance, except
an indefeasible in the Premises subject to
fee estate
to
insuring the lien of this Mortgage; (b)
as exceptions to title in the title policy
such as are listed
liens and claims; (c) this
Mortgage is and will remain
it will own the Chattels free and clear of exceptions
lien on the Mortgaged Property
subject only to the
and enforceable first
a valid the Note have been duly
to above; (d) the execution
and delivery of this Mortgage and further
referred
there is no provision in any document requiring
authorized by the Mortgagor and that existing and
other or person; (e) it is duly organized, validly
consent for such action by any entity
as the case may
formation or incorporation,
in under the laws of the state of its
good standing approvals and
is
registrations, permits and/or
all necessary licenses,
authorizations,
be; (f) it has (i) conducted
to own its properties and carry on its business as presently
full power and authority
under, this Mortgage
(ii)
of and performance of its obligations
and the execution and delivery by
it
default under any provisions of any
Note not result in the Mortgagor being in
and the will
Mortgagor is a party or which
other agreement to which
document or of any mortgage, credit or preserve such title, and
Premises, or any part thereof; (g) it will
Mortgagor or the
affects the forever warrant and defend the
same to the Mortgagee, and will
forever warrant and defend the persons and parties whomsoever;
and of the lien hereof against the claims of all
indebtedness evidenced by the Note
validity priority (said
and each guarantor (if any) of the
(h) the
Mortgagor
2007(1.53pm)1pm1
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FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
is now able to meet its
and severally as the "Guarantor")
guarantoijs) herein referred to jointly and no bankruptcy
value of its assets exceeds
its liabilities,
market
debts as they mature, the fair or against the
Mortgagor or the
proceedings are pending or contemplated by
or insolvency Mortgagor and the Guarantor
statements and other data furnished by the
Guarantor; (i) all reports, complete in all material
evidenced the Note are true and correct and
the loan by the statements
in connection with necessary to make
omit state any fact or circumstance
respects and do not to proceedings pending, or to the
there are no actions, suits, or
contained therein not misleading; (j) the Mortgagor or the
Guarantor or
against or affecting
knowledge of the Mortgagor threatened, utilities
water facilities and any other necessary
gas, sewer,
the Mortgaged Property; (k)
electric, service the Mortgaged
available in sufficient capacity to
times hereafter shall be, service by
are, and at all to the furnishing of such utility
satisfactorily, and any easements necessary the Mortgagor and
Property where necessary, duly recorded; (1)
obtained and,
the Mortgagor have been instrument evidencing or securing any
not in default under the terms of any event
the Guarantor are
respectively, and there has occurred no
Mortgagor or the Guarantor,
indebtedness of the instrument with the
constitute a default under any such
uncorrected,
which would, if uncured or
passage of time or both.
giving of notice,
.
Further Assurances
Section 1.02
and without expense to the
Mortgagor at the sole cost of the Mortgagor,
The will,
acts, deeds,
all and every such
further
execute,
acknowledge and deliver assurances as the
Mortgagee, do,
assignment, transfers and
mortgages, assignments, notices of assigning,
conveyances, the better assuring, conveying,
time require, for
Mortgagee shall from time to conveyed or
and rights hereby
and confirming unto the Mortgagee the property hereafter
transferring
so to or which the Mortgagor may be or may
assigned or intended now or
hereafter be, intention or
for carrying out the
or assign to the Mortgagee, or
become bound to convey or for filing, registering or recording
the performance of the terms of this Mortgage, Mortgagee to
facilitating
execute and deliver, and hereby authorizes the
this Mortgage and, on demand,
will
do so, one or more
the Mortgagor to
the extent it may lawfully
execute and file in the name of instruments to evidence more
chattel mortgages or comparable security
financing statements, or any part thereof.
the Mortgaged Property
effectively the lien hereof upon
Section 1.03 Lien Upon Chattels and Intangibles
Section 1.03.1 Filing of Liens
execution and delivery of this Mortgage, and
The Mortgagor forthwith upon the
instrument creating a lien
will cause this Mortgage and any security
thereafter from time to time,
and/or the Intangibles and each instrument of
hereof upon the Chattels
or evidencing the lien
and/or recorded in such
manner and in such places as may
be registered
further assurance to filed,
order to publish notice of
and fully to protect the lien
or future law in
be required by any present Mortgagee in, the Mortgaged
Property. The obligations
interest of the
hereof upon, and the
31,2007(P53pm)\pm1
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Depaament
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FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024
survive discharge of this
to this Mortgage in Section 1.03.2 shall
assumed i y Mortgagor pursuant
Mortgage.
Section 1.03.2 Fees and Expenses
expenses
registration or recording fees, and all
The Mortgagor pay all filing,
will
mortgage supplemental
acknowledgment of this Mortgage, any
incident to the execution and and any instrument
the Intangibles,
instrument with respect to the Chattels or
hereto, any security and all federal, state,
Chattels or the Intangibles, and any instrument of further assurance,
of the assessments and charges
and municipal stamp taxes and other taxes, duties, impositions,
county or
execution and delivery of the Note or the recording
out of or in connection with the with
arising supplemental hereto, any security instrument
enforcement of this Mortgage or any mortgage assurance. Mortgagor
Intangibles or any instrument of further
respect to the Chattels and/or the
lawful attorney to act in Mortgagor's
further hereby irrevocably
appoints Mortgagee its true and
questionnaires, notices of sale or other
any and all returns,
name and stead in completing the payment of any
connection with any such transfer or
documents which may be required in
such transfer tax or other tax.
Section 1.04 Payment of Money Due
principal and interest and all other sums to
The Mortgagor punctually pay the
will
coin
of the Note at the time and place
and in the manner specified in any
become due in respect payment shall be legal
of America which at the time of such
or currency of the United States and interes
Preview
FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 Exhibit C FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 NASSAUCOUNTYCLERK'S OFFICE COVERPAGE ENDORSEMENT Recorded Date: 11-12-2007 Record and Return To: Recorded Time: 10:15:14 a BERKMANHENOCHPETERSON& PEDDY PC ATTN GILBERT HENOCHESQ Liber Book: M 32493 100 GARDENCITY PLAZA Pages From: 605 GARDENCITY, NY 11530 To: 645 Control Number: 476 Ref #: CY 047267 Doc Type: M07 MORTGAGE-COMMERCIAL Location: Section Block Lot Unit OYSTERBAY (2824) 0011 0000B-00 01091 Consideration Amount: 2,335,000.00 Taxes Total 24,517.50 Recording Totals 158.00 Total Payment 24,675.50 IJC001 NOT BE REMOVED THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULD MAUREEN O'CONNELL COUNTYCLERK 1 RAMllillEMIRHHR1RilRHill 2007111200476 FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 AND MORTGAGE SECURITYAGREEMENT Dated: November 1, 2007 in theamount of $2,335,000.00 (the "Mortgage Amount") From JERPEASTREALTYLLC company, having an office at a NewYork limited liability 126-85 Willets Point Boulevard, Flushing, NewYork 11368 (the "Mortgagor") To National Bank of NewYork City Association organized a National Banking and existing under the laws of the United States of America having an office at York 11354-4112 136-29 38th Avenue, Flushing, New (the "Mortgagee") LOCATIONOFPREMISES Hollow Road, Westbury, NewYork 11590 980 Brush Tax Map Description State : NewYork : Nassau County Section : 11 Block : B Lot : 1091 please return to: After recording, BERKMAN,HENOCH,PETERSON& PEDDY, P.C. 100 Garden City Plaza Garden City, NewYork 11530 Attention: Gilbert Henoch, Esq. wpd 31.2007(1 53pm)\pmt Queber MTG\NBNYC\Femstem\MORTGAGE DamTOMM Mor ageDepanment Data\Commerual O\BHPPDepartment FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 m RECITAL premises described in Schedule A and has The Mortgagor is the owner of the him evidenced by his note, dated the date hereof, obligating borrowed the Mortgage Amount as amendments with any modifications and/or the Mortgage Amount. The note, together to pay the payment thereof, "Note". In order to secure the referred to as the thereof, is hereinafter Mortgage. Mortgagor has duly executed this CERTAINDEFINITIONS that, unless the context otherwise specifies The Mortgagor and the Mortgagee agree such definitions to be have the meanings herein specified, or requires, the following terms shall singular and to the plural forms of such terms. applicable equally to the "Chattels" appliances, apparatus, equipment, means all fixtures, fittings, articles of personal property, and replacements thereof owned by machinery and placed upon or time hereafter affixed to, attached to, Mortgagor, now or at any comfortable use, enjoyment, with the complete and used in any way in connection Premises. the Improvements of the occupancy or operation of Default" means the events and circumstances described as such "Events of in Section 2.01 hereof. who have guaranteed the payment "Guarantor" means the party or parties of the Note. "Improvements" structures and buildings, and replacements means all located upon the Premises by the Mortgagor, including now or hereafter nature and fixtures of every kind and thereof, all plant equipment, apparatus, machinery part of said structures and/or buildings. whatsoever forming "Intangibles" such quoted term is intangibles" (as means all "general premises are the state wherein the Code of defmed in the Uniform Commercial which the Improvements and in any way relating to the Premises and/or located) books and records trade names, good will and the Mortgagor owns, all licenses, Premises or any part operated or to be operated on the relating to the business or to the Mortgagor, and all unearned premiums, accrued, accruing thereof by Mortgagor policies now or hereafter obtained by the accrue under all insurance defmed, and all rights and interest Mortgaged Property, as hereinafter insuring the of Mortgagor thereunder. 31,2007(I 53pm)\pmt October MTWGNCFemstem\MOPJGE epd DuaE0MM Mottgage DacnCommercial Depaumm O\BHPPDeparunent FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 Rate" means an interest rate of 21% per annum after an §,l "Involuntary Event of Default under this Mortgage. "Premises" means the premises described in Schedule A hereto, including royalties and appurtenances privileges, all of the air space, easements, rights, anywise appertaining, and all of the estate, right, title, thereunto belonging or in the Mortgagor therein and in the streets, claim or demandwhatsoever of interest, in possession or expec- alleys adjacent thereto, either at law or in equity, and ways now or hereafter acquired. tancy, set forth are not defined above have the meaning All terms of this Mortgage which in this Mortgage. GRANTINGCLAUSE of the premises and inorder in consideration NOW,THEREFORE,the Mortgagor, and any other sums payable the principal of the Note and the interest to secure payment of both provisions this Mortgage and the performance and observance of all the thereon, and/or under Mortgagee pursuant payment of any sums advanced by the hereof and of the Note including the referred to as the of such obligations are hereinafter to this Mortgage (collectively, all conveys, sells, warrants, remises, releases, "Indebtedness"), hereby gives, grants, bargains, confirms unto the sets over and transfers, mortgages, hypothecates, deposits, pledges, assigns, of the following title to and under any and all and interest in, Mortgagee all its estate, right, hereafter acquired: (the "Mortgaged Property"), whether now ownedor held or described property (a) the Premises; (b) the Improvements; (c) the Chattels; (d) the Intangibles; of any of the all proceeds of the conversion, voluntary or involuntary, (e) without limitation, proceeds of hazard and title liquidated claims, including, foregoing into cash or insurance and condemnation awards; entered into and all and lettings of the Premises now or hereafter all leases (f) without limitation, cash or and interest of the Mortgagor thereunder, including, right, title obligations the lessees of their securities deposited thereunder to secure performance by the expiration of the terms of such or securities are to be held until thereunder, whether such cash prior to the of rent coming due immediately leases or applied to one or more of the installments E,wpl Data)COMM.MTG\NBNYC\Fcmetcin\MORTG 31,2007(1,53pm)\pmt CWober Data\Commercial Depintmem Depanmcm Mortgage O:\BHPP . . . FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 Mortgagor's right to possess and apply such cash or of such terms, subject to the expiratio, further, the right, upon the happening of an to an Event of Default, including, securities prior the rent thereunder. Event of Default, to receive and collect and assigns the Mortgagee, its successors TO HAVEANDTO HOLDunto Premises to its and the Improvements now or hereafter erected on the together with all Mortgagor forever, the Indebtedness is paid in full. And also the their own proper use and behoof until successors and the said Mortgagee, its does for successors and assigns, covenant with its Premises in fee presents it is well seized of the itself, of these assigns, that at and until the ensealing from all right to bargain and sell the same and that the same are free simple, and has good the title policy insuring listed as exceptions to title in encumbrances whatsoever except such as are "Permitted Encumbrances"). the lien of this Mortgage (the paid in full, the Mortgagor does by And furthermore, until the Indebtedness is Premises forever to warrant and defend the these presents bind itself and its successors and assigns claims and the Mortgagee, its successors and assigns, against all described in Schedule A to mentioned herein. demands whatsoever except as ARTICLE I OFTHE PARTICULARCOVENANTS MORTGAGOR General Representations. Covenants and Warranties Section 1.01 represents and warrants that: (a) it has a good and marketable title The Mortgagor no lien, charge or encumbrance, except an indefeasible in the Premises subject to fee estate to insuring the lien of this Mortgage; (b) as exceptions to title in the title policy such as are listed liens and claims; (c) this Mortgage is and will remain it will own the Chattels free and clear of exceptions lien on the Mortgaged Property subject only to the and enforceable first a valid the Note have been duly to above; (d) the execution and delivery of this Mortgage and further referred there is no provision in any document requiring authorized by the Mortgagor and that existing and other or person; (e) it is duly organized, validly consent for such action by any entity as the case may formation or incorporation, in under the laws of the state of its good standing approvals and is registrations, permits and/or all necessary licenses, authorizations, be; (f) it has (i) conducted to own its properties and carry on its business as presently full power and authority under, this Mortgage (ii) of and performance of its obligations and the execution and delivery by it default under any provisions of any Note not result in the Mortgagor being in and the will Mortgagor is a party or which other agreement to which document or of any mortgage, credit or preserve such title, and Premises, or any part thereof; (g) it will Mortgagor or the affects the forever warrant and defend the same to the Mortgagee, and will forever warrant and defend the persons and parties whomsoever; and of the lien hereof against the claims of all indebtedness evidenced by the Note validity priority (said and each guarantor (if any) of the (h) the Mortgagor 2007(1.53pm)1pm1 Ocmber3t, Ewpd MTGNBNYC\Fetancin\MORTGA DadCOMM MongageDepenmem Data\Commercial O\BHPPDepamnem FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 is now able to meet its and severally as the "Guarantor") guarantoijs) herein referred to jointly and no bankruptcy value of its assets exceeds its liabilities, market debts as they mature, the fair or against the Mortgagor or the proceedings are pending or contemplated by or insolvency Mortgagor and the Guarantor statements and other data furnished by the Guarantor; (i) all reports, complete in all material evidenced the Note are true and correct and the loan by the statements in connection with necessary to make omit state any fact or circumstance respects and do not to proceedings pending, or to the there are no actions, suits, or contained therein not misleading; (j) the Mortgagor or the Guarantor or against or affecting knowledge of the Mortgagor threatened, utilities water facilities and any other necessary gas, sewer, the Mortgaged Property; (k) electric, service the Mortgaged available in sufficient capacity to times hereafter shall be, service by are, and at all to the furnishing of such utility satisfactorily, and any easements necessary the Mortgagor and Property where necessary, duly recorded; (1) obtained and, the Mortgagor have been instrument evidencing or securing any not in default under the terms of any event the Guarantor are respectively, and there has occurred no Mortgagor or the Guarantor, indebtedness of the instrument with the constitute a default under any such uncorrected, which would, if uncured or passage of time or both. giving of notice, . Further Assurances Section 1.02 and without expense to the Mortgagor at the sole cost of the Mortgagor, The will, acts, deeds, all and every such further execute, acknowledge and deliver assurances as the Mortgagee, do, assignment, transfers and mortgages, assignments, notices of assigning, conveyances, the better assuring, conveying, time require, for Mortgagee shall from time to conveyed or and rights hereby and confirming unto the Mortgagee the property hereafter transferring so to or which the Mortgagor may be or may assigned or intended now or hereafter be, intention or for carrying out the or assign to the Mortgagee, or become bound to convey or for filing, registering or recording the performance of the terms of this Mortgage, Mortgagee to facilitating execute and deliver, and hereby authorizes the this Mortgage and, on demand, will do so, one or more the Mortgagor to the extent it may lawfully execute and file in the name of instruments to evidence more chattel mortgages or comparable security financing statements, or any part thereof. the Mortgaged Property effectively the lien hereof upon Section 1.03 Lien Upon Chattels and Intangibles Section 1.03.1 Filing of Liens execution and delivery of this Mortgage, and The Mortgagor forthwith upon the instrument creating a lien will cause this Mortgage and any security thereafter from time to time, and/or the Intangibles and each instrument of hereof upon the Chattels or evidencing the lien and/or recorded in such manner and in such places as may be registered further assurance to filed, order to publish notice of and fully to protect the lien or future law in be required by any present Mortgagee in, the Mortgaged Property. The obligations interest of the hereof upon, and the 31,2007(P53pm)\pm1 October Espd DatatCOMM.MTGINBNYC1FemsteinlMORTGA Depaament Mongage DaACommercial OlBHPPDepartment FILED: NASSAU COUNTY CLERK 06/20/2024 01:16 PM INDEX NO. 610793/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/20/2024 survive discharge of this to this Mortgage in Section 1.03.2 shall assumed i y Mortgagor pursuant Mortgage. Section 1.03.2 Fees and Expenses expenses registration or recording fees, and all The Mortgagor pay all filing, will mortgage supplemental acknowledgment of this Mortgage, any incident to the execution and and any instrument the Intangibles, instrument with respect to the Chattels or hereto, any security and all federal, state, Chattels or the Intangibles, and any instrument of further assurance, of the assessments and charges and municipal stamp taxes and other taxes, duties, impositions, county or execution and delivery of the Note or the recording out of or in connection with the with arising supplemental hereto, any security instrument enforcement of this Mortgage or any mortgage assurance. Mortgagor Intangibles or any instrument of further respect to the Chattels and/or the lawful attorney to act in Mortgagor's further hereby irrevocably appoints Mortgagee its true and questionnaires, notices of sale or other any and all returns, name and stead in completing the payment of any connection with any such transfer or documents which may be required in such transfer tax or other tax. Section 1.04 Payment of Money Due principal and interest and all other sums to The Mortgagor punctually pay the will coin of the Note at the time and place and in the manner specified in any become due in respect payment shall be legal of America which at the time of such or currency of the United States and interes