Preview
FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM INDEX NO. E2018010818
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018
MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 1920792
Book Page CIVIL
Return To: No. Pages: 98
JASON DAVID SILVER
Inst-:-ent: MISCELLANEOUS DOCUMENT
Control #: 201812310960
Index #: E2018010818
Date: 12/31/2018
AMERICAN ADVISORS GROUP Time: 5:08:58 PM
HART, DENNIS RUSSELL SR
UNITED STATES OF AMERICA ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT
JOHN DOE 1 through JOHN DOE 10 said names being
fictiticas and 1#neum to intended to be possible
plaintiff,
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK'S OFFICE
WARNING - THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
ADAM J BELLO
MONROE COUNTY CLERK
..:| sumigIIIIIIII IIIll
lllIl
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
______ ______.--------------------- --------------------X
AMERICAN ADVISORS GROUP, COMPLAINT
Plaintiff,
Index No.:
-against-
MORTGAGED PREMISES:
DENNIS RUSSELL HART, SR.; UNITED STATES OF 51 Brad St
AMERICA ACTING ON BEHALF OF THE SECRETARY OF Rochester, NY 14622
#1"
HOUSING AND URBAN DEVELOPMENT; JOHN DOE
#10,"
through "JOHN DOE said names being fictitious and
unknown to plaintiff,intended to be possible tenants or accüpânts
of the premises, or corporations, persons, or other entities having
or claiming a lienupon the mortgaged premises,
Defendants.
-------------------------------------------------------------X
The Plaintiff herein, by its att0rñeys, GREENSPOON MARDER LLP, complaiñs and
alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff; AMERICAN ADVISORS GROUP, herein is, and at all times hereinafter
mentioned was, organized under the laws of United States of America.
2. On or about May 14, 2015, DENNIS RUSSELL HART, SR., executed and delivered to ONE
REVERSE MORTGAGE, LLC an Adjustable Rate Note (Home Equity Conversion) bearing thatdate
(the "Note"), whereby DENNIS RUSSELL HART, SR. (the "Borrower") covenanted and agreed to
pay the sum of allloan advances, plus interest,subject to the terms more fully set forth in the Note. The
Note isemexed hereto as Exhibit A, collectively with the proper indorsements.
3. As security for the advances made under the Note, the Borrower duly executed and delivered
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ONE
REVERSE MORTGAGE, LLC, an Adjüstablê Rate Reverse Martgage (Home Equity Conversion)
(the "Mortgage"), which was recorded in the Office of the MONROE County Clerk on May 29,
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2015, in Book 26135, at Page 611. The Mortgage is aññéxed hereto as Exhibit B. applicable
Any
recording tax was paid contemporaneous therewith.
4. The Mortgaged Premises, more fully described in the Legal Description in Schedüic "A",
annexed hereto, is commonly known as 51 Brad St, Rochester, NY 14622, County of MONROE,
(the "Premises"). Any applicable record tax was duly paid.
5. The Borrower also executed and delivered a Home Equity Conversion Loan Agreemêñt,
Agrêémêñt,"
more commonly known as a "Reverse Martgage which required the lender to pay the
sums secured by the Mortgage to the Borrower on a periodic basis, instead of one lump sum, at the
time the loan documents were executed. The Loan Agreement isanñêxed hereto as Exhibit C.
6. The Mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR ONE REVERSE MORTGAGE, LLC to AMERICAN
ADVISORS GROUP, by Assignment of Mengage dated April 4, 2017 and recorded in the Office of
the MONROE County Clerk on April 7, 2017, at Book 1816, Page 355. The Assignment of
Mortgage isannexed hereto as Exhibit D.
7. The Note, Mortgage, and Loan Agreement are more commeñ!y known, collectively, as a
Reverse Mangage. The Reverse Mcrtgage documents provide, in part,for the events that cause a
default by the borrower.
8. AMERICAN ADVISORS GROUP is the owner and holder of the subject Note, Mangage,
and Loan Agreement. The Note was indorsed by the crigiñal lender or itsagent, süccessor, or assign,
and was delivered to plaintiffprior to the commcaccment of thisaction.
9. The Loan went into default on January 22, 3018 and was called due and payable by HUD due
to non-payment of Taxes and Insurance on January 30, 2018.
10. Although monies were advanced as requied pürsüant to the Reverse Mortgage Decumcñts,
the Borrower and/or the Estate of the Borrower has failed to camply with the terms and provisi0ñs of
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the Reverse Mortgage documents.
11. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this
Complaint, an unpaid principal balañce of $38,199.71, in addition to interest thereon, and necessary
advances and expenditures as outlined in the Reverse Mortgage Documents.
12. Plaintiff has elected and hereby elects to declare immediately due and payable the entire
unpaid balance of principal, together with monies advanced for taxes, insurance, property
attorneys'
maiñtêñance, as well as the costs, allowances and rea:0ñable fees, to the extent permitted
by the mortgage.
13. Upon information and belief, to the extent applicable, Plaintiff is incompliañce with RPAPL
§ 1304..Seee 90 Day Notice, annexed hereto as Exhibit E.
14. Upon informatioñ and belief,to the extent applicable, Plaintiff is incompliance with RPAPL §
1306. The tracking number provided by the New York State Department of Financial Services is
NYS4760245.
15. That in order to protect itssecurity, the plaintiff,or itsagents, has paid or may be compelled
during the pendency of this action to pay local taxes, assessmcñts, water rates, insurance
premiums and other charges affecting the Premises, and the plaintiffrequests that any sums thus paid
by itfor said purposes (together with interest thereon), should be added to the sum otherwise
due and be deemed secured by the Mortgage and be adjudged a valid lienon the Premises.
16. Each of the abcvc-n=ned defendants have, or may claim to have, some interest in or lien
upon the Premises or some part thereof, which interestor lien, ifany, has accrued subsequent to the
lienof plaintiff's Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL § 1311,
any such interestsor liens are subject and subordinate to plaintiff'smortgage.
17. The named party defcadañts are described and set out with specificity in the annexed
"B."
Schedule
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18. The interest or lien of each of the named party Defendent, ifany, isset forth specificity in the
"C."
annexed Schedule
19. Plaintiff has complied with all of the provisions of Banking Law § 595-a, any rules and
regulations thercüñdêr, as well as Banking Law §§ 6-1 and 6-m, ifapplicable.
20. Defendant UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT, was granted a mortgage recorded
on May 29, 2015, in Book 26135, Page 627, of the Office of the MONROE County Clerk, which
purports to encumber the aforesaid real property, but the lien thereof, ifvalid, is junior, inferior,and
subordinate to the lienof plaintiff's Mortgage.
21. John Doe #1 through John Doe # 10 are Ectitieüs and unknown to plaintiff.Said Defendants
are named to designate any and allpersons or parties, ifany, having or claiming an interest in or lien
upon the Premises. Said defeedsets may be judgmêñt creditors or may have, or claim to have, a
subordinate mortgage, or may be tenants/occupants, or be heirs to the Borrower's estate, the possible
interestsof which are subordinate to the intcrcstof plaintiffherein.
22. No other action or proceeding iscurrently pending at law or otherwise for the foreclosure the
Reverse Mcrtgage or for the recovery of the sum secured by the instant Reverse Martgage documents
or any part thereof.
23. Plaintiff requests that in the event that this action proceed to judgment of foreclosure and
sale,the Premises shallbe sold subject to the following:
i. Any state of facts thatan inspection of the premises would disclose;
ii. Any state of facts thatan accurate survey of the prcmises would show;
iii. Covenants, restrictions,easements and public utilityagreemêñts, ifany;
iv. Building and zoning ordinances of the municipality in which the mortgage
premises are located and possible violations of same;
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v. Any rights of tenants in possession of the subject premises;
vi. Any equity of redemption of the United States of America to redeem the premises
within 120 days from the date of sale;
vii. Prior mortgage liens of record, and any advances and arrearsthereunder; and
viii. Prior lien(s) of record, ifany.
24. Plaintiff shall not be deemed to have waived, altered, released or châñged the clecticñ
hereinbefore made, by reason of any payment after the commcecêmeñt of thisaction, of any or all of
the defaults mentioned herein, and such election shallcontinue and remain effective.
WHEREFORE, Plaintiff demands judgment, against the defendants as follows:
a. That each and allof the deSndents in thisaction, and any and allpersons claiming
by, through and under any of them, subsequent to the commêñeement of this action
and the filingof the Notice of Pendency thereof in the Office of the County Clerk
of MONROE County in the State of New York, which is thecounty in which the
Premises are located, may be forever barred and foreclosed of any and allright,title
and interest, claim, lien and equity of redemption in the Premises;
b. That a receiver of rents may be appointed without notice, to the extent provided in
the Mortgage;
c. That the Court direct that the Premises can be sold according to law, in one parcel
or otherwise as equity may require;
d. That the monies arising from the sale of the Premises may be brought into Court;
e. That the monies due to Plaintiff on the Note and Mortgage may be adjüdged and
computed;
f. That Plaintiff may be paid the amount adjudged to be due on the Note and the
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Martgage with interest at the time of such payment, together with any monies
advanced and paid pursuant to any term of provision of the Note and Mortgage so
as to protect the lien of the Martgage, and together with taxes, insurance premiums
and allother charges and liens paid thereon with interestupon said amaüñt from
the date of the respective payments and advances, together with
all am0üñts due by virtue of statutory costs, allcwâñces and attorney's fees,
tógether with any ren30ñâble attorney's fees over and above the amoüñts covered
by the statutoryattorney's fees, together with the expenses of the sale insofar as the
amount of such monies properly applicable thereto will pay the same;
g. That Plaintiffbe awarded reacenable attorney's fees as provided in the Note and
Mortgage, as well as the costs and disburcements of this action.
Dated: December , 2018
New York, New York GREENSPOON MARDER LLP
Attorneys for Plaintif
By:
Jason Silver, Esq.
590 Madison Avenue
Suite 1800
New York, NY 10022
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
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SCHEDULE A- LEGAL DESCRIPTION
LAND SITUATED IN THE TOWN OF IRONDEQUOIT IN THE COUNTY OF
MONROE IN THE STATE OF NY
ALL THAT CERTAIN PARCEL OF LAND, WITH BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWN OF
IRONDEQUOIT, COUNTY OF MONROE AND STATE OF NEW YORK, AND
KNOWN AND DISINGUISHED AS LOT NUMBER 137 AS THE SAME IS LAID DOWN
ON A MAP OF A SUBDIVISION OF THE CROUCH FARM AT SEA BREEZE MADE
BY WILLIAM R. STOREY, SURVEYOR, AND FILED IN MONROE COUNTY
CLERK'S OFFICE IN LIBER 25 OF MAPS AT PAGE 11.
COMMONLY KNOWN AS: 51 BRAD ST, ROCHESTER, NY 14622-1403
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SCHEDULE B -PARTY DEFENDANTS
PARTY DEFENDANT(S)
DENNIS RUSSELL HART, SR., Defendant isan Owner/Borrower.
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARYOF
HOUSING AND URBAN DEVELOPMENT, Defendent isa Mortgagee.
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SCHEDULE C- PARTY INTERESTS
PARTY DEFENDANT(S)
DENNIS RUSSELL HART, SR., Defendant has interest/is Owner of Record pursüâñt to deed
dated December 27, 2008 and recorded on December 29, 2008, Book 10703, Page 27
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, Def:ñdant has interest/is by virtue of mortgage
recorded May 29, 2015, in Book 26135, Page 627
1
All sttachments corresponding with this Schedule are annexed hereto collectively at Exhibit
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"A"
EXHIBIT
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ADJUSTABLE RATE NOTE
(HOME EQUITY CONVERSION)
STATEOF NEW YORK
May 14,2015
PROPERTYADDRESS
51 Brad St MIN Number:100319533370362703
Rochester,NY 14622
Monroe COUNTY
1. DEPINITIONS
"Borrower"meanseachperson
signingattheendof thisNote.Thetermdoesnotincludehisor hersuccessors
or assigns.
"ChangeDate"meanseachdateonwhichtheinterestratecouldchange,
"CurrentIndex"meansthemostrecentIndexfigureavailablethirty (30)daysbeforetheChangeDate.
"Eligible Non-BerrewingSpouse"meansa Non-DóñcwingSpousewho meets,andcontinuesto meet,the Qualifying
Attributesrequirements
established
by theSecretary
thattheNon-BorrowingSpousemustsatisfyin orderto beeligiblefor
deferralof thedueandpayablestatus.
"Index" meansthe1-Monthor 1-YearLondonInterbankOfferedRate
(LIBOR)aspublishedby theWall StreetJournalon
thefirst businessday of eachweek,whichis Monday,or Tuesdayif Mondayis a non-publishing
day,
"Ineligible Non-BorrowingSpouse"meansa Non-BorrowingSpousewho doesnot meetthe Qualifying Attributes
requirements
ostablishedby the SecretarythattheNon-BorrowingSpousemustsatisfyin orderto beeligiblefor deferral
of thedueandpayablestatus.
"Lender"meansOneReverse
Mortgage,LLC andits successors
andassigns.
"Loan Agreement"meanstheHomeEquity ConversionMortgageAdjustableRateloan AgreementdatedMay 14,2015
by andbetweentheBorrowerandIznder.
Spouse"meansthe
"Non B=c":ing spouse,N/A, as determinedby thelaw of thestatein which the spouse,N/A, and
borrower,N/A, resideor thestateof celebration,of the HECM borrower,N/A, at the timeof closingandwho is not a
boIIDWer.
"Property"meansBorrower's
propertyidentifiedin theSecurityInstrument.
Address"meanstheaddressprovidedabove.
"Property
Attributes" meansthoserequirementsestablished
"Qualifying by the Secretarythat the Non-BorrowingSpousemust
satisfyin orderto beeligiblefor deferralof thedueandpayablestatus.
"Secretary"meansthe
Secretaryof HousingandUrbanDevelopment
or hisor herauthorized
representatives.
Instrument"meansthe
"Security mortgage,deedof trust,securitydeedor othersecurityinstrumentwhichis signedby
Borrowertogetherwith theLoanAgreementandwhichsecurestheamountsadvanced
underthisNote.
2. BORROWER'SPROMISETO PAY; INTEREST
In returnfor amountsto be advancedby Iander up to a maximumprincipalamountof Ninety-SevenThousandFive
Hundred and 90/100Dollars (U.S. S97,500.00),
to or for the benefitof Bonowerunderthe termsof a HomeBquity
Borrowerpromisesto pay to theorderof Iandera
ConversionLoanAgreementdatedMay 14,2015("LoanAgreemen("),
principalamountequalto the sumof all Loan Advancesmadeunderthe Iaan Agreementwith interest. All amounts
advancedby Iznder, plus interest,if notpaidearlier,aredueandpayableon May 04, 2103. Interestwill bechargedon
unpaidprincipalat therateof T woand935/1000'spercent(2.935%)peryearuntil thefull amountof principalhasbeen
with Paragraph5 of this Note. Accruedinterestshallbeaddedto the
paid. The interestrate may changein accordance
PrincipalBalanceasa LoanAdvanceattheendof eachmonthandshalllikewisethereafterbearinterest.
The interest rate required by this Paragraph2 and Paragraph5 of this Note Is the rate of interestBorrower wm
pay onthe outstandingbalanceboth beforeand after this Notebecomesdueandpayableasdescribedin Paragraph
7 of this Note, until repaymentin full is made.
3, PROMISETO PAY SECURED
Borrower'spromiseto pay is securedby amortgage,deedof trustor similarsecurityinstrumentthatis datedthesamedate
asthis Noteandcalledthe "SecurityInstrument"
The SecurityInstrumentprotectstheLenderfrom losseswhichmight
OneReverse
Mangage,Lt£ IoanOrigimson
MaryVellmme
Company 2052-LoanNumber:3332136270
- NMLS#: Lama NMLS
OriginatorM:10sT713
P Note(Mjustable) PageJof4 OBayDoes,
LLC0310112015
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. .
resultif BorrowerdefaultsunderthisNote.
4. MANNER OF PAYMENT
Borrowershallpay all outstanding
(A) Ti,_xgg, principalandaccruedinterestto hnder uponreceiptof a noticeby knder
requiringiminediatepaymentin full, asprovidedin Paragraph
7 of this Note.
(B) P_jace,Faymentshallbemadeat 9920PacificHeightsBlvd., Suite350, SanDiego,CA 92121or any suchother
in writingby noticeto Borrower.
placeasLandermaydesignate
(C) Limitation of LIabHity. Borrowershallhavenopersonalliability for paymentof thedebt. Lendershallenforcethe
debtonly throughsaleof the Propertycoveredby the SecurityInstrument("Propeny"). If this Noteis assigned
to the
Secretary,theBorrowershallnotbeliablefor anydifferencebetweenthemortgageinsurance
benefitspaidto Londerand
theoutstanding
indebtedness, accrued
including owed
interest, byBorroweratthetimeof
theassignment.
5, INTEREST RATE CHANGES
The interestrate may changeon the first day of August, 2015and on the first day of each
(A) ChangeDate.
Date"meanseachdateonwhichtheinterestratecouldchange.
succeedingutonth. "Change
"Index*meansthe
(B) The Index. Beginningwith the GrstChangeDate,theinterestratewill be basedon an Inder
One-MonthLondonInterbankOfferedRate("LIBOR") asmadeavailabicin the"MoneyRates"sectionof theWall Street
Journal oundedto threedigitsto theright of thedecimalpoint.The CurrentIndexmeansthemostrecentIndexfigure
available30 daysbeforethe ChangeDate,andif the day thatis 30 daysbeforethe ChangeDateis not a Sundayor
Mondayandnot thefirst businessdayof theweek,theCurrentIndexwill betheIndexavailablethefirst businessdayof
thatweek that the Wall StreetJournalis published.if the day that is 30 daysbeforethe ChangeDateis a Sundayor
Mondayandnot thefirst businessday of theweek,theCurrentIndexwill betheIndexavailablethefirst businessdayof
the immediatelypriorweekthattheWall StreetJournalis published.If theindex(asdefinedabove)is nolongeravailable,
Lenderwill useasanewIndexanyIndexprescribed
by theSecretary.
Lenderwill giveBorrowernoticeof thenewIndex.
(C) Calculationof InterestRateChanges.BeforeeachChangeDate,Leaderwill calculateanewinterestratebyadding
a marginof 1750 percentage
points(2.750%)to theCurrentIndex. Subjectto thelimits statedin Paragraph
5(D) of this
Note,thisamountwiUbethenewinterestrateuntil thenextChangeDate.
(D) Limits on InterestRateChnapes.
Theinterestratewill neverincreaseabove12.935%.
(E) Noticeof Changes.Iznder will givenoticeto Borrowerof any changein theinterestrate. Thenoticemustbegiven
at least25 daysbeforethenewinterestratetakeseffect,andmustsetforth (i) thedateof thenotice,(i0 theChangeDate,
(iii) theold interestrate,(iv) thenewinterestrate,(v) theCurrentIndexandthedateit waspublished,(vi) themethodof
calculatingt11cadjustedinterestrate,and(vii) anyotherinformationwhich mayberequiredby law from timeto time.
(F) Ellective Dateof Changes.A newinterestratecalculatedin accordance
with Paragraphs
5(C) and5(D) of thisNote
will becomeeffectiveon theChangeDate,unlessthe ChangeDateoccursJessthan25 daysafterlander hasgiventhe
requirednotice.If the interestratecalculatedin accordance
5(C) and5(D) of this Note decreased,
with Paragraphs but
Lenderfailedto give timely noticeof thedecrease
andappliedahigherratethantheratewhichshouldhavebeenstatedin
a timely notice, thenlander shall recalculatethe PrincipalBalanceowedunderthis Note so it doesnot reflect any
excessiveinterest.
6. EGRRGWr,R'SRIGHT TO PREPAY
A Barrowerhasthe right to pay thedebtevidencedby this Note, in wholeor in part, withoutchargeor penalty. Any
amountof debtprepaidwill first beappliedto reducethePrincipalBalanceof theSecondNotedescribedin Paragraph
11
of thisNoteandthento reducethePrincipalBalans of thisNote.
All prepayments
of thePrincipalBalanceshallbeappliedby Lenderasfollows:
aggregate
paymentsfor mortgageinsurancepremiums;
Firg, to thatportionof thePrincipalBalancerepresenting
Second,to thatportionof thePrincipalBalancerepresenting
aggregate for servicingfees;
payments
Third.to thatportionof thePrincipalBalancerepresenting
accruedinterestdueundertheNote;and
Fourth,to theremainingportionof thePrincipalBalance.
A Borrowermay specifywhethera prepaymentis to be creditedto that portionof the PrincipalBalancerepresenting
monthlypaytnentsor theline of credit.If Borrowerdoesnot designatewhichportionof thePrincipalBalans is to be
to anexistinglineof credigor createa newline of credit.Any partial
prepaid,Lendershallapplyanypartialprepayments
paymentswill bemadeavailableto Borrowerby increasingtheamountof Borrower'smonthlypaymentsand/orincreasing
theamountavailableto Borrowerfor LoanAdvancesunderalineof credit.
7. IMMEDIATE PAYMENT IN FULL
(A) Death.
(i) 7(A)(ii), Lendermayrequireimmediatepaymentin full of all outstanding
Exceptasprovidedin paragraph
principalandaccruedinterestif a BorrowerdiesandthePropertyis notthePrincipalResidence
of atleastone
survivingBorrower.
OneReverse Llf
Mortgage, MaryVe11mme
loanOriginator:
Company #d052- lan Number
- NMLS 3331036210 LoanOnginsmr
NMLS#:1082TIS
InNote(Adjustable) Page
2of4 © ILC03/01/2013
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(ii) Deferralof DueandPayableStatus.Lendermaynotrequireimmediatepaymentin full of all outstanding
principalandaccruedinterestif a Non-BorrowingSpouseis identifiedin thisNotequalifiesasanEligibleNon-
BorrowingSouseandprovidedthefollowingconditionsarc,andcontinueto be,met:
a. SuchEligible Non-BorrowingSpouseremainedthespouseof theBorrower,identifiedin thisNote,for the
durationof theBorrower'slifetime;
b. SuchEligible Non-BorrowingSpousehasoccupied,andcontinuesto occupy,as[his/her]Principal
Residence;
c. SuchEligible Non-BorrowingSpou
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FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM INDEX NO. E2018010818 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 1920792 Book Page CIVIL Return To: No. Pages: 98 JASON DAVID SILVER Inst-:-ent: MISCELLANEOUS DOCUMENT Control #: 201812310960 Index #: E2018010818 Date: 12/31/2018 AMERICAN ADVISORS GROUP Time: 5:08:58 PM HART, DENNIS RUSSELL SR UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT JOHN DOE 1 through JOHN DOE 10 said names being fictiticas and 1#neum to intended to be possible plaintiff, Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK'S OFFICE WARNING - THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. ADAM J BELLO MONROE COUNTY CLERK ..:| sumigIIIIIIII IIIll lllIl li 1 of 98 201812310960 INDEX Index NO. #: E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ______ ______.--------------------- --------------------X AMERICAN ADVISORS GROUP, COMPLAINT Plaintiff, Index No.: -against- MORTGAGED PREMISES: DENNIS RUSSELL HART, SR.; UNITED STATES OF 51 Brad St AMERICA ACTING ON BEHALF OF THE SECRETARY OF Rochester, NY 14622 #1" HOUSING AND URBAN DEVELOPMENT; JOHN DOE #10," through "JOHN DOE said names being fictitious and unknown to plaintiff,intended to be possible tenants or accüpânts of the premises, or corporations, persons, or other entities having or claiming a lienupon the mortgaged premises, Defendants. -------------------------------------------------------------X The Plaintiff herein, by its att0rñeys, GREENSPOON MARDER LLP, complaiñs and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff; AMERICAN ADVISORS GROUP, herein is, and at all times hereinafter mentioned was, organized under the laws of United States of America. 2. On or about May 14, 2015, DENNIS RUSSELL HART, SR., executed and delivered to ONE REVERSE MORTGAGE, LLC an Adjustable Rate Note (Home Equity Conversion) bearing thatdate (the "Note"), whereby DENNIS RUSSELL HART, SR. (the "Borrower") covenanted and agreed to pay the sum of allloan advances, plus interest,subject to the terms more fully set forth in the Note. The Note isemexed hereto as Exhibit A, collectively with the proper indorsements. 3. As security for the advances made under the Note, the Borrower duly executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ONE REVERSE MORTGAGE, LLC, an Adjüstablê Rate Reverse Martgage (Home Equity Conversion) (the "Mortgage"), which was recorded in the Office of the MONROE County Clerk on May 29, Firm File#48623.0391 2 of 98 201812310960 INDEX NO. E2018010818 Index#:E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 2015, in Book 26135, at Page 611. The Mortgage is aññéxed hereto as Exhibit B. applicable Any recording tax was paid contemporaneous therewith. 4. The Mortgaged Premises, more fully described in the Legal Description in Schedüic "A", annexed hereto, is commonly known as 51 Brad St, Rochester, NY 14622, County of MONROE, (the "Premises"). Any applicable record tax was duly paid. 5. The Borrower also executed and delivered a Home Equity Conversion Loan Agreemêñt, Agrêémêñt," more commonly known as a "Reverse Martgage which required the lender to pay the sums secured by the Mortgage to the Borrower on a periodic basis, instead of one lump sum, at the time the loan documents were executed. The Loan Agreement isanñêxed hereto as Exhibit C. 6. The Mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ONE REVERSE MORTGAGE, LLC to AMERICAN ADVISORS GROUP, by Assignment of Mengage dated April 4, 2017 and recorded in the Office of the MONROE County Clerk on April 7, 2017, at Book 1816, Page 355. The Assignment of Mortgage isannexed hereto as Exhibit D. 7. The Note, Mortgage, and Loan Agreement are more commeñ!y known, collectively, as a Reverse Mangage. The Reverse Mcrtgage documents provide, in part,for the events that cause a default by the borrower. 8. AMERICAN ADVISORS GROUP is the owner and holder of the subject Note, Mangage, and Loan Agreement. The Note was indorsed by the crigiñal lender or itsagent, süccessor, or assign, and was delivered to plaintiffprior to the commcaccment of thisaction. 9. The Loan went into default on January 22, 3018 and was called due and payable by HUD due to non-payment of Taxes and Insurance on January 30, 2018. 10. Although monies were advanced as requied pürsüant to the Reverse Mortgage Decumcñts, the Borrower and/or the Estate of the Borrower has failed to camply with the terms and provisi0ñs of Firm File# 48623.0391 3 of 98 201812310960 INDEX NO. E2018010818 Index#:E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 the Reverse Mortgage documents. 11. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this Complaint, an unpaid principal balañce of $38,199.71, in addition to interest thereon, and necessary advances and expenditures as outlined in the Reverse Mortgage Documents. 12. Plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal, together with monies advanced for taxes, insurance, property attorneys' maiñtêñance, as well as the costs, allowances and rea:0ñable fees, to the extent permitted by the mortgage. 13. Upon information and belief, to the extent applicable, Plaintiff is incompliañce with RPAPL § 1304..Seee 90 Day Notice, annexed hereto as Exhibit E. 14. Upon informatioñ and belief,to the extent applicable, Plaintiff is incompliance with RPAPL § 1306. The tracking number provided by the New York State Department of Financial Services is NYS4760245. 15. That in order to protect itssecurity, the plaintiff,or itsagents, has paid or may be compelled during the pendency of this action to pay local taxes, assessmcñts, water rates, insurance premiums and other charges affecting the Premises, and the plaintiffrequests that any sums thus paid by itfor said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the Mortgage and be adjudged a valid lienon the Premises. 16. Each of the abcvc-n=ned defendants have, or may claim to have, some interest in or lien upon the Premises or some part thereof, which interestor lien, ifany, has accrued subsequent to the lienof plaintiff's Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL § 1311, any such interestsor liens are subject and subordinate to plaintiff'smortgage. 17. The named party defcadañts are described and set out with specificity in the annexed "B." Schedule Firm File# 48623.0391 4 of 98 201812310960 INDEX NO. E2018010818 Index#:E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 18. The interest or lien of each of the named party Defendent, ifany, isset forth specificity in the "C." annexed Schedule 19. Plaintiff has complied with all of the provisions of Banking Law § 595-a, any rules and regulations thercüñdêr, as well as Banking Law §§ 6-1 and 6-m, ifapplicable. 20. Defendant UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, was granted a mortgage recorded on May 29, 2015, in Book 26135, Page 627, of the Office of the MONROE County Clerk, which purports to encumber the aforesaid real property, but the lien thereof, ifvalid, is junior, inferior,and subordinate to the lienof plaintiff's Mortgage. 21. John Doe #1 through John Doe # 10 are Ectitieüs and unknown to plaintiff.Said Defendants are named to designate any and allpersons or parties, ifany, having or claiming an interest in or lien upon the Premises. Said defeedsets may be judgmêñt creditors or may have, or claim to have, a subordinate mortgage, or may be tenants/occupants, or be heirs to the Borrower's estate, the possible interestsof which are subordinate to the intcrcstof plaintiffherein. 22. No other action or proceeding iscurrently pending at law or otherwise for the foreclosure the Reverse Mcrtgage or for the recovery of the sum secured by the instant Reverse Martgage documents or any part thereof. 23. Plaintiff requests that in the event that this action proceed to judgment of foreclosure and sale,the Premises shallbe sold subject to the following: i. Any state of facts thatan inspection of the premises would disclose; ii. Any state of facts thatan accurate survey of the prcmises would show; iii. Covenants, restrictions,easements and public utilityagreemêñts, ifany; iv. Building and zoning ordinances of the municipality in which the mortgage premises are located and possible violations of same; Firm File# 48623.0391 5 of 98 201812310960 INDEX NO. E2018010818 Index#:E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 v. Any rights of tenants in possession of the subject premises; vi. Any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale; vii. Prior mortgage liens of record, and any advances and arrearsthereunder; and viii. Prior lien(s) of record, ifany. 24. Plaintiff shall not be deemed to have waived, altered, released or châñged the clecticñ hereinbefore made, by reason of any payment after the commcecêmeñt of thisaction, of any or all of the defaults mentioned herein, and such election shallcontinue and remain effective. WHEREFORE, Plaintiff demands judgment, against the defendants as follows: a. That each and allof the deSndents in thisaction, and any and allpersons claiming by, through and under any of them, subsequent to the commêñeement of this action and the filingof the Notice of Pendency thereof in the Office of the County Clerk of MONROE County in the State of New York, which is thecounty in which the Premises are located, may be forever barred and foreclosed of any and allright,title and interest, claim, lien and equity of redemption in the Premises; b. That a receiver of rents may be appointed without notice, to the extent provided in the Mortgage; c. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; d. That the monies arising from the sale of the Premises may be brought into Court; e. That the monies due to Plaintiff on the Note and Mortgage may be adjüdged and computed; f. That Plaintiff may be paid the amount adjudged to be due on the Note and the Firm File# 48623.0391 6 of 98 201812310960 Index INDEX #: NO. E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 Martgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term of provision of the Note and Mortgage so as to protect the lien of the Martgage, and together with taxes, insurance premiums and allother charges and liens paid thereon with interestupon said amaüñt from the date of the respective payments and advances, together with all am0üñts due by virtue of statutory costs, allcwâñces and attorney's fees, tógether with any ren30ñâble attorney's fees over and above the amoüñts covered by the statutoryattorney's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; g. That Plaintiffbe awarded reacenable attorney's fees as provided in the Note and Mortgage, as well as the costs and disburcements of this action. Dated: December , 2018 New York, New York GREENSPOON MARDER LLP Attorneys for Plaintif By: Jason Silver, Esq. 590 Madison Avenue Suite 1800 New York, NY 10022 P: (212) 524-5000 F: (212) 524-5050 (No Service by fax) Firm File# 48623.0391 7 of 98 201812310960 INDEX Index NO. #: E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 SCHEDULE A- LEGAL DESCRIPTION LAND SITUATED IN THE TOWN OF IRONDEQUOIT IN THE COUNTY OF MONROE IN THE STATE OF NY ALL THAT CERTAIN PARCEL OF LAND, WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWN OF IRONDEQUOIT, COUNTY OF MONROE AND STATE OF NEW YORK, AND KNOWN AND DISINGUISHED AS LOT NUMBER 137 AS THE SAME IS LAID DOWN ON A MAP OF A SUBDIVISION OF THE CROUCH FARM AT SEA BREEZE MADE BY WILLIAM R. STOREY, SURVEYOR, AND FILED IN MONROE COUNTY CLERK'S OFFICE IN LIBER 25 OF MAPS AT PAGE 11. COMMONLY KNOWN AS: 51 BRAD ST, ROCHESTER, NY 14622-1403 Firm File# 48623.0391 8 of 98 201812310960 Index INDEX #: NO. E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 SCHEDULE B -PARTY DEFENDANTS PARTY DEFENDANT(S) DENNIS RUSSELL HART, SR., Defendant isan Owner/Borrower. UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARYOF HOUSING AND URBAN DEVELOPMENT, Defendent isa Mortgagee. Firm File# 48623.0391 9 of 98 201812310S60 INDEX NO. E2018010818 Index#:E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 SCHEDULE C- PARTY INTERESTS PARTY DEFENDANT(S) DENNIS RUSSELL HART, SR., Defendant has interest/is Owner of Record pursüâñt to deed dated December 27, 2008 and recorded on December 29, 2008, Book 10703, Page 27 UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Def:ñdant has interest/is by virtue of mortgage recorded May 29, 2015, in Book 26135, Page 627 1 All sttachments corresponding with this Schedule are annexed hereto collectively at Exhibit Firm File# 48623.0391 10 of 98 201812310960 Index INDEX #: NO.E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 "A" EXHIBIT 11 of 98 201812310960 INDEX Index NO. #: E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 ADJUSTABLE RATE NOTE (HOME EQUITY CONVERSION) STATEOF NEW YORK May 14,2015 PROPERTYADDRESS 51 Brad St MIN Number:100319533370362703 Rochester,NY 14622 Monroe COUNTY 1. DEPINITIONS "Borrower"meanseachperson signingattheendof thisNote.Thetermdoesnotincludehisor hersuccessors or assigns. "ChangeDate"meanseachdateonwhichtheinterestratecouldchange, "CurrentIndex"meansthemostrecentIndexfigureavailablethirty (30)daysbeforetheChangeDate. "Eligible Non-BerrewingSpouse"meansa Non-DóñcwingSpousewho meets,andcontinuesto meet,the Qualifying Attributesrequirements established by theSecretary thattheNon-BorrowingSpousemustsatisfyin orderto beeligiblefor deferralof thedueandpayablestatus. "Index" meansthe1-Monthor 1-YearLondonInterbankOfferedRate (LIBOR)aspublishedby theWall StreetJournalon thefirst businessday of eachweek,whichis Monday,or Tuesdayif Mondayis a non-publishing day, "Ineligible Non-BorrowingSpouse"meansa Non-BorrowingSpousewho doesnot meetthe Qualifying Attributes requirements ostablishedby the SecretarythattheNon-BorrowingSpousemustsatisfyin orderto beeligiblefor deferral of thedueandpayablestatus. "Lender"meansOneReverse Mortgage,LLC andits successors andassigns. "Loan Agreement"meanstheHomeEquity ConversionMortgageAdjustableRateloan AgreementdatedMay 14,2015 by andbetweentheBorrowerandIznder. Spouse"meansthe "Non B=c":ing spouse,N/A, as determinedby thelaw of thestatein which the spouse,N/A, and borrower,N/A, resideor thestateof celebration,of the HECM borrower,N/A, at the timeof closingandwho is not a boIIDWer. "Property"meansBorrower's propertyidentifiedin theSecurityInstrument. Address"meanstheaddressprovidedabove. "Property Attributes" meansthoserequirementsestablished "Qualifying by the Secretarythat the Non-BorrowingSpousemust satisfyin orderto beeligiblefor deferralof thedueandpayablestatus. "Secretary"meansthe Secretaryof HousingandUrbanDevelopment or hisor herauthorized representatives. Instrument"meansthe "Security mortgage,deedof trust,securitydeedor othersecurityinstrumentwhichis signedby Borrowertogetherwith theLoanAgreementandwhichsecurestheamountsadvanced underthisNote. 2. BORROWER'SPROMISETO PAY; INTEREST In returnfor amountsto be advancedby Iander up to a maximumprincipalamountof Ninety-SevenThousandFive Hundred and 90/100Dollars (U.S. S97,500.00), to or for the benefitof Bonowerunderthe termsof a HomeBquity Borrowerpromisesto pay to theorderof Iandera ConversionLoanAgreementdatedMay 14,2015("LoanAgreemen("), principalamountequalto the sumof all Loan Advancesmadeunderthe Iaan Agreementwith interest. All amounts advancedby Iznder, plus interest,if notpaidearlier,aredueandpayableon May 04, 2103. Interestwill bechargedon unpaidprincipalat therateof T woand935/1000'spercent(2.935%)peryearuntil thefull amountof principalhasbeen with Paragraph5 of this Note. Accruedinterestshallbeaddedto the paid. The interestrate may changein accordance PrincipalBalanceasa LoanAdvanceattheendof eachmonthandshalllikewisethereafterbearinterest. The interest rate required by this Paragraph2 and Paragraph5 of this Note Is the rate of interestBorrower wm pay onthe outstandingbalanceboth beforeand after this Notebecomesdueandpayableasdescribedin Paragraph 7 of this Note, until repaymentin full is made. 3, PROMISETO PAY SECURED Borrower'spromiseto pay is securedby amortgage,deedof trustor similarsecurityinstrumentthatis datedthesamedate asthis Noteandcalledthe "SecurityInstrument" The SecurityInstrumentprotectstheLenderfrom losseswhichmight OneReverse Mangage,Lt£ IoanOrigimson MaryVellmme Company 2052-LoanNumber:3332136270 - NMLS#: Lama NMLS OriginatorM:10sT713 P Note(Mjustable) PageJof4 OBayDoes, LLC0310112015 12 of 98 201812310960 INDEX Index NO. #: E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 . . resultif BorrowerdefaultsunderthisNote. 4. MANNER OF PAYMENT Borrowershallpay all outstanding (A) Ti,_xgg, principalandaccruedinterestto hnder uponreceiptof a noticeby knder requiringiminediatepaymentin full, asprovidedin Paragraph 7 of this Note. (B) P_jace,Faymentshallbemadeat 9920PacificHeightsBlvd., Suite350, SanDiego,CA 92121or any suchother in writingby noticeto Borrower. placeasLandermaydesignate (C) Limitation of LIabHity. Borrowershallhavenopersonalliability for paymentof thedebt. Lendershallenforcethe debtonly throughsaleof the Propertycoveredby the SecurityInstrument("Propeny"). If this Noteis assigned to the Secretary,theBorrowershallnotbeliablefor anydifferencebetweenthemortgageinsurance benefitspaidto Londerand theoutstanding indebtedness, accrued including owed interest, byBorroweratthetimeof theassignment. 5, INTEREST RATE CHANGES The interestrate may changeon the first day of August, 2015and on the first day of each (A) ChangeDate. Date"meanseachdateonwhichtheinterestratecouldchange. succeedingutonth. "Change "Index*meansthe (B) The Index. Beginningwith the GrstChangeDate,theinterestratewill be basedon an Inder One-MonthLondonInterbankOfferedRate("LIBOR") asmadeavailabicin the"MoneyRates"sectionof theWall Street Journal oundedto threedigitsto theright of thedecimalpoint.The CurrentIndexmeansthemostrecentIndexfigure available30 daysbeforethe ChangeDate,andif the day thatis 30 daysbeforethe ChangeDateis not a Sundayor Mondayandnot thefirst businessdayof theweek,theCurrentIndexwill betheIndexavailablethefirst businessdayof thatweek that the Wall StreetJournalis published.if the day that is 30 daysbeforethe ChangeDateis a Sundayor Mondayandnot thefirst businessday of theweek,theCurrentIndexwill betheIndexavailablethefirst businessdayof the immediatelypriorweekthattheWall StreetJournalis published.If theindex(asdefinedabove)is nolongeravailable, Lenderwill useasanewIndexanyIndexprescribed by theSecretary. Lenderwill giveBorrowernoticeof thenewIndex. (C) Calculationof InterestRateChanges.BeforeeachChangeDate,Leaderwill calculateanewinterestratebyadding a marginof 1750 percentage points(2.750%)to theCurrentIndex. Subjectto thelimits statedin Paragraph 5(D) of this Note,thisamountwiUbethenewinterestrateuntil thenextChangeDate. (D) Limits on InterestRateChnapes. Theinterestratewill neverincreaseabove12.935%. (E) Noticeof Changes.Iznder will givenoticeto Borrowerof any changein theinterestrate. Thenoticemustbegiven at least25 daysbeforethenewinterestratetakeseffect,andmustsetforth (i) thedateof thenotice,(i0 theChangeDate, (iii) theold interestrate,(iv) thenewinterestrate,(v) theCurrentIndexandthedateit waspublished,(vi) themethodof calculatingt11cadjustedinterestrate,and(vii) anyotherinformationwhich mayberequiredby law from timeto time. (F) Ellective Dateof Changes.A newinterestratecalculatedin accordance with Paragraphs 5(C) and5(D) of thisNote will becomeeffectiveon theChangeDate,unlessthe ChangeDateoccursJessthan25 daysafterlander hasgiventhe requirednotice.If the interestratecalculatedin accordance 5(C) and5(D) of this Note decreased, with Paragraphs but Lenderfailedto give timely noticeof thedecrease andappliedahigherratethantheratewhichshouldhavebeenstatedin a timely notice, thenlander shall recalculatethe PrincipalBalanceowedunderthis Note so it doesnot reflect any excessiveinterest. 6. EGRRGWr,R'SRIGHT TO PREPAY A Barrowerhasthe right to pay thedebtevidencedby this Note, in wholeor in part, withoutchargeor penalty. Any amountof debtprepaidwill first beappliedto reducethePrincipalBalanceof theSecondNotedescribedin Paragraph 11 of thisNoteandthento reducethePrincipalBalans of thisNote. All prepayments of thePrincipalBalanceshallbeappliedby Lenderasfollows: aggregate paymentsfor mortgageinsurancepremiums; Firg, to thatportionof thePrincipalBalancerepresenting Second,to thatportionof thePrincipalBalancerepresenting aggregate for servicingfees; payments Third.to thatportionof thePrincipalBalancerepresenting accruedinterestdueundertheNote;and Fourth,to theremainingportionof thePrincipalBalance. A Borrowermay specifywhethera prepaymentis to be creditedto that portionof the PrincipalBalancerepresenting monthlypaytnentsor theline of credit.If Borrowerdoesnot designatewhichportionof thePrincipalBalans is to be to anexistinglineof credigor createa newline of credit.Any partial prepaid,Lendershallapplyanypartialprepayments paymentswill bemadeavailableto Borrowerby increasingtheamountof Borrower'smonthlypaymentsand/orincreasing theamountavailableto Borrowerfor LoanAdvancesunderalineof credit. 7. IMMEDIATE PAYMENT IN FULL (A) Death. (i) 7(A)(ii), Lendermayrequireimmediatepaymentin full of all outstanding Exceptasprovidedin paragraph principalandaccruedinterestif a BorrowerdiesandthePropertyis notthePrincipalResidence of atleastone survivingBorrower. OneReverse Llf Mortgage, MaryVe11mme loanOriginator: Company #d052- lan Number - NMLS 3331036210 LoanOnginsmr NMLS#:1082TIS InNote(Adjustable) Page 2of4 © ILC03/01/2013 BayDocs, 13 of 98 201812310960 Index INDEX #: NO. E2018010818 E2018010818 FILED: MONROE COUNTY CLERK 12/31/2018 04:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/31/2018 (ii) Deferralof DueandPayableStatus.Lendermaynotrequireimmediatepaymentin full of all outstanding principalandaccruedinterestif a Non-BorrowingSpouseis identifiedin thisNotequalifiesasanEligibleNon- BorrowingSouseandprovidedthefollowingconditionsarc,andcontinueto be,met: a. SuchEligible Non-BorrowingSpouseremainedthespouseof theBorrower,identifiedin thisNote,for the durationof theBorrower'slifetime; b. SuchEligible Non-BorrowingSpousehasoccupied,andcontinuesto occupy,as[his/her]Principal Residence; c. SuchEligible Non-BorrowingSpou