FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`FILED: OUEENS COUNTY CLERK 10m2018 03:27 P
`NYSC 3F DOC. NO. 115
`NYSCEF DOC. NO. 115
`
`IND
`EX NO.
`716731/2017
`INDEX NO. 716731/2017
`
` VYSC
`
` *uIV‘ .D
` 3F:
`
`10/01/2018
`RECEIVED NYSCEF: 10/01/2018
`
`EXHIBIT
`4
`EXHIBIT 4
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`NYC DEPARTMENT
`OF THE CITY
`OFFICE
`
`OF FINANCE
`REGISTER
`
`The City
`the instrument.
`This page is part of
`provided
`rely on the information
`Register will
`of
`by you on this page for purposes
`indexing
`on this page
`this instrument.
`The information
`in the event
`purposes
`will
`control
`for
`indexing
`the document.
`of any conflict with the rest of
`
`"
`
`j j
`
`"
`
`IllillllIlllillll
`
`"
`
`i
`
`j
`Ill1
`
`iiiii
`
`AND ENDORSEMENT
`Document
`Date:
`11-24-2006
`
`COVER
`
`PAGE
`
`Preparation
`
`1 OF 25
`PAGE
`03-27-2007
`Date:
`
`RECORDING
`2007032701700001
`ID:
`Type: MORTGAGE
`Page Count:
`23
`
`Document
`Document
`Document
`PRESENTER:
`AGENCY
`TITLE
`SOVEREIGN
`AS AGENT
`FOR STEWART
`SUITE
`6851
`JERICHO
`TPKE.,
`NY 11791
`SYOSSET,
`516-682-8181
`
`LP
`TITLE
`150
`
`INS CO
`
`RETURN
`TO:
`FREMONT
`INVESTMENT
`PO BOX 34078
`FULLERTON,
`
`CA 92834
`
`AND LOAN
`
`Borough
`QUEENS
`
`Block
`1129
`Type:
`
`Lot
`Entire
`33
`DWELLING
`
`Property
`
`PROPERTY
`Unit
`Address
`Lot
`30-56
`ONLY - 3 FAMILY
`
`DATA
`
`79TH
`
`STREET
`
`CRFN
`
`or Document
`
`ID
`
`REFERENCE
`CROSS
`or
`______
`Year______
`
`DATA
`Reel
`
`Page __
`
`___
`
`or
`
`File Number
`
`PARTIES
`MORTGAGEE/LENDER:
`MORTGAGE
`ELECTRONIC
`INC.
`P.O. BOX 2026
`MI
`48501-2026
`FLINT,
`
`FEES
`
`AND TAXES
`Fee:
`Filing
`
`REGISTRATION
`
`SYSTEMS
`
`NYC Real Property
`
`Transfer
`
`NYS Real Estate
`
`Transfer
`
`0.00
`
`0.00
`
`$
`Tax:
`$
`Tax:
`0.00
`$
`IN THE OFFICE
`RECORDED
`OR FILED
`OF THE
`REGISTER
`OF THE CITY
`OF NEW YORK
`CITY
`Recorded/Filed
`04-16-2007 15:44
`City Register FileNo.(CRFN):
`2007000195902
`
`. C
`
`ityRegisterOfficialSignature
`
`.
`
`MORTGAGOR/BORROWER:
`RODRIGUEZ
`MERCEDES
`81ST STREET
`30-56
`JACKSON
`HEIGHTS,
`
`NY
`
`11372
`
`x Additional
`
`Parties
`
`Listed
`
`on Continuation
`
`Page
`
`Mortgage
`Mortgage
`Amount:
`Taxable Mortgage
`Exemption:
`TAXES:
`
`Amount:
`
`(Basic):
`County
`City (Additional):
`Spec (Additional):
`TASF:
`MTA:
`NYCTA:
`Additional
`MRT:
`TOTAL:
`
`Recording
`Affidavit
`
`Fee:
`Fee:
`
`$
`$
`
`$
`$
`$
`$
`$
`$
`$
`$
`|$
`|$
`
`715,000.00
`715,000.00
`
`3,575.00
`8,043.75
`0.00
`1,787.50
`2,145.00
`0.00
`0.00
`15,551.25
`152.00
`0.00
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`DEPARTMENT
`NYC
`OFFICE-OF
`THE CITV
`
`OF FINANCE
`REGiSTER-
`
`---
`
`..
`
`.
`
`..,,,,,
`
`.
`
`-........
`still
`
`2007032701700001003CD28B
`AND ENDORSEMENT
`COVER
`PAGE
`Date: 11-24-2006
`Document
`
`(CONTINUATION)
`Preparation
`
`2 OF 25
`PAGE
`Date:03-27-2007
`
`Document
`Document
`
`RECORDING
`2007032701700001
`ID:
`Type: MORTGAGE
`
`PARTIES
`MORTGAGOR/BORROWER:
`ALCIBIADES
`RODRIGUEZ
`30-56 81ST STREET
`JACKSON
`HEIGHTS,
`
`NY
`
`11372
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`Return To:
`Fremont
`Investment
`P.0.
`BOX 34078
`CA
`FULLERTON.
`
`& Loan
`
`92834-34078
`
`PreparedBy:
`Barbara
`
`Lican
`
`2625
`
`ISpaceAbove This Line For ==::-d!-.g Datal
`
`MORTGAGE
`
`Miw
`
`25-7
`
`WORDS USED OFTEN IN THIS DOCUMENT
`Instrument."
`This dece.et,
`November
`which isdated
`(A)
`"Security
`together with all Riders to this document, will be called the "Security
`"Borrower."
`MERCEDES
`RODRIGUEZ
`and
`ALCIBIADES
`(B)
`
`2006
`24,
`Instrument."
`
`RODRIGUEZ
`
`,
`
`,
`
`whoseaddressis30-56
`
`81ST
`
`STREET
`
`Jackson
`
`Heights.
`
`NY
`
`11372
`
`sometimes will be called "Borrower"
`"I" or "me."
`and remMres
`simply
`"MERS"
`is Mortgage Electronic Regishtion
`that
`Inc. MERS is a separate coq•enden
`is
`Systems,
`(C)
`as a nominee
`for Lender and Lender's
`and assigns. MERS
`is organized
`successors
`and
`acting solely
`existing under
`and has an address and telephone number of P.O. Box 2026, Flint,
`the laws of Delevue,
`679-MERS.
`OF RECOREING
`MI
`tel.
`FOR PURPOSES
`THIS MORTGAGE,
`48501-2026,
`(888)
`MERS IS THE MORTGAGEE
`OF RECORD.
`(D)"Lender."
`Investment
`& Loan
`Fremont
`
`"Lender."
`
`Lender
`
`or association
`is a corporation
`Lender'saddressis2727
`
`which
`
`exists
`East
`
`under
`Imperial
`
`the
`
`laws
`
`of
`
`be called
`will
`CALIFORNIA
`Highway,
`
`Brea
`
`, CA
`
`92821
`
`.
`
`Section:
`
`Block:
`
`Lot·
`
`Unit:
`
`NEW YORK - SingleFamily. Fannie Mae/Freddle Mac UNIFORM LNSTRUMENT WITH MERS
`
`Form 3033 1/01
`
`.4 4
`
`VMPMortgageSolutions.Inc.(800)521-7291
`
`IIIIIllIIIIllillIllIllIIIIIlllllIIIIlllIIIllIIIlill
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`"Note."
`The note signed by Barrewct
`and dated Nov embe r 24 , 2006
`(E)
`the "Note." The Note shows that 1 owe Lender Se ven
`Hund red
`Fi
`fteen
`0/100ths
`
`Thousand
`
`, will be called
`and
`
`(U.S. $715,000.00
`Dollars
`I have promised to pay this debt
`
`in Periodic Payments
`
`)
`
`"Description
`
`of
`
`the Property,"
`
`plus interest and other amounts that may be payable.
`and to pay the debt
`in full by December
`2036
`01,
`"Property."
`The property
`that
`is described below in the section titled
`(F)
`will be called the "Property."
`The "Loan" means the debt evidenced
`"Loan."
`by the Note, plus interest, any prepayment
`(C)
`late charges due under
`the Note, and all sums due under
`this Security
`plus interest.
`Instrument,
`"Sums Secured."
`The amounts described below in the section titled "Borrower's
`(H)
`Transfer
`Rights in the Property"
`sometimes will be called the "Sums Secured."
`"Riders."
`All Riders attached to this Security
`Instrument
`that are signed by Borrower will
`(1)
`"Riders."
`Riders are to be signed by Borrower
`The folicwiñg
`[check box as applicable]:
`
`charges and
`
`to Lender of
`
`be called
`
`Adjustable Rate Rider
`Balloon Rider
`VA Rider
`
`Condominium Rider
`Planned Unit Development
`Biweeldy Payment Rider
`
`Rider
`
`Second Home Rider
`l-4 Family Rider
`Other(s)
`[specify]
`
`Law."
`
`ordinances
`regulations,
`as all applicable
`fmal,
`
`All ceñticiliñg
`"Applicable
`state and local statutes,
`applicable
`(J)
`federal,
`and administrative
`rules
`and orders
`(that
`the effect
`of
`have
`as well
`law)
`Law."
`judicial
`opinions will be called "Applicable
`non-appealable,
`Dues, Fees, and Assessments,"
`All
`Association
`fees, assessments and other
`dues,
`(K)
`"Community
`charges
`that are imposed
`or
`on Borrower
`the Property
`by a condominium
`homeowners
`association,
`Dues, Fees, and Assessments."
`association or similar organization will be called "Co--±f
`Asseciaticñ
`Funds Transfer."
`Funds Transfer" means any transfer
`"Electronic
`"Electronic
`other
`than
`of money,
`(L)
`instrument, which
`or similar
`is initiated
`through an electronic
`paper
`telephenic
`by check, draft,
`terminal,
`or magnetic tape so as to order,
`or authorize
`a financial
`institution
`to debit
`instrument,
`computer,
`instruct,
`or credit an account. Some common examples of an Electronic
`are point-of-sale
`Funds Tmnsfer
`transfers
`(where a card such as an asset or debit card is used at a merchant),
`(or ATM)
`automated
`teller machine
`transfers initiated by telephone, wire transfers,
`and automated clearinghouse
`transfers.
`trarumeriant
`Those items that are described in Section 3 will be called "Escrow Items."
`"Escrow Items."
`(M)
`Proceeds" means any compeation,
`Proceeds."
`award of
`"Miscellaneous
`"Miscellaneous
`settlement,
`(N)
`than Insurance Proceeds, as defmed in, and paid under
`damages, or proceeds paid by any third party (other
`for·
`(i) damage to, or destruction
`(ii) Condemnation
`the Property;
`the coverage described in Section 5)
`of,
`or sale to avoid
`in lieu of Condemnation
`taking of all or any part of
`or other
`the Property;
`conveyance
`(iii)
`the value and/or
`of
`the
`condities
`(iv) misrepresentations
`or omissions
`as to,
`or
`of,
`Condemnation;
`domain
`by eminent
`is known
`as
`by any governmental
`of
`Property.
`A taking
`the Property
`âüthority
`"Condemnation."
`
`insurance"
`
`means
`
`insurance
`
`protecting
`
`Lender
`
`against
`
`the
`
`Insurance."
`"Mortgage
`"Mortgage
`(0)
`the Loan.
`of, or default on,
`nonpayment
`Payment."
`scheduled amount due for (i) principal
`"Periodic
`The regularly
`(P)
`and (ii) any amounts under Section 3 will be called "Periodic Payment."
`"RESPA" means the Real Estate Settlement Procedures Act
`"RESPA."
`(12 U.S.C. Section 2601 et
`(Q)
`as they might be amended
`X (24 C.F.R.
`Part 3500),
`regulation, Regulation
`seq.) and its implementing
`that governs the same subject
`legislation
`or
`regulation
`or any additional
`or successor
`from time to time,
`"RESPA"
`that are
`and restrictions
`refers to all =•quiements
`matter. As used in this Security
`Instrument,
`loan" even if
`the Loan does not qualify
`as a "federally
`imposed in regard to a "federally
`related mortgage
`related mortgage loan" under RESPA.
`
`and interest under
`
`the Note,
`
`-6A(NY) (oses)
`
`Page2 of 17
`
`Form 3033 1/91
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`TO LENDER OF RIGHTS
`TRANSFER
`BORROWER'S
`IN THE PROPERTY
`grant and convey
`the Property
`I mortgage,
`and Lender
`for Lender
`as nominee
`to MERS (solely
`successons in interest) and its successors in interest
`subject
`to the terms of
`L st-amer-t.
`this Security
`This
`this Security
`means that, by signing
`I am giving
`Lender
`those rights
`that are stated in this
`Instrument,
`and also those rights that Applicable
`Instrument
`Law gives to lenders who hold mortgages
`on real
`Security
`property.
`I am giving Lender
`Lender
`these rights to protect
`from possible
`losses that might
`result
`if 1 fail
`to:
`
`s
`
`but not
`
`limited
`
`to, all
`
`renewals,
`
`this Security
`
`Instrument
`
`to protect
`
`the value
`
`isdsding,
`
`but not
`
`limited
`
`to,
`
`the right
`
`to foreclose
`
`and sell
`
`the
`
`of Lender
`
`indeding,
`
`but not
`
`limited
`
`to,
`
`releasing
`
`and sceling
`
`this
`
`I owe Lender as stated in the Note including,
`the amounts that
`(A) Pay all
`the Note;
`of
`extensie=e and modifications
`(B) Pay, with interest, any amounts that Leader spends under
`of
`and
`rights in the Property;
`the Property and Lender's
`this Security Instrument
`and the Note.
`(C) Keep all of my other promisea and agreements under
`I ==ded
`title to the rights granted by me in this Security
`legal
`and agree that MERS holds only
`if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
`Instrument,
`but,
`successors and assigns) has the right:
`to exercise any or all of
`those rights,
`(A)
`and
`Property;
`to take any action required
`(B)
`Security Instrument.
`OF THE PROPERTY
`DESCRIPTION
`I give MERS (solely as nominee for Leader and Lender's
`through (G) below:
`described in (A)
`(A) The Property which is located at30-56
`
`successors in interest)
`
`rights in the Property
`
`81ST
`
`STREET
`
`[street]
`
`Hei ghts
`Jackson
`is in Queens
`This Property
`description: SEE LEGAL DESCRIPTION
`
`Izip codel.
`11372
`(city, Town or Vinage], New York
`It has the following
`County.
`HERETO AND MADE A PART THEREOF.
`
`ATTACHED
`
`legal
`
`and other
`
`improvements
`
`that are located on the Property
`
`described in subsection
`
`(A) of
`
`(B) All
`if±.p
`this section;
`in subsection
`described
`the Property
`of
`that 1 have as owner
`in other property
`rights
`(C) All
`attached to the Property;"
`section. These rights are known as "easements and appurtenances
`I have in the land which lies in the streets or roads in front of, or next
`rights that
`(D) All
`described in subsection (A) of this section;
`
`(A) of
`
`this
`
`the I'rapcity
`
`to,
`
`-6A(NY) 10508)
`
`Page3 of 17
`
`Form 3033 1/01
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`that are now or in the future will
`
`be on the Property described
`
`in subsections
`
`(A) and (B)
`
`(B)
`
`through (E) of
`
`this section that
`
`I acquire in
`
`AND BORROWER'
`
`S OBLIGATION
`
`I have the right
`grant and convey
`to mortgage,
`(B)
`claims or charges against
`except
`the Property,
`for
`
`the
`and interest due under
`I will also pay all amounts
`
`fixtures
`(E) All
`of
`this section;
`(F) All of
`the rights and property described in subsections
`the future; and
`of or additions
`(G) All
`to the Property dowribed
`replacements
`in subsections
`this section
`through (F) of
`(B)
`and all
`Insurance Proceeds for
`loss or damage to, and all Miscellaneous
`Proceeds of
`the Property described
`in subsections
`through (F) of
`this section.
`(A)
`RIGHT
`BORROWER'S
`TO MORTGAGE
`THE PROPERTY
`TO DEFEND OWNERSHIP
`OF THE PROPERTY
`I promise that:
`I
`own the Property;
`(A)
`lawfully
`the Property
`to Lender; and (C)
`there are no outstanding
`those which are of public record.
`I give a general warranty of
`title to Lender. This means that
`I will be fully
`for any losses
`responsible
`which Lender
`suffers because someone other
`than myself
`has some of
`in the Property which
`the rights
`I
`promise that
`I have.
`I promise that
`I will defend my ownership
`of
`the Property
`against any claims of such
`rights.
`PLAIN LANGUAGE
`SECURITY
`INSTRUMENT
`Instrument
`that are used in real property
`and agre-nts
`contains promises
`This Security
`security
`the country.
`It also contains other promises and agreements
`instruments all over
`that vary in dinerent
`parts
`of the country. My promises and agreements are stated in "plain language."
`COVENANTS
`1promise and 1 agree with Lender as follows:
`I will
`pay to Lender on time principal
`L Borrower's
`Promise
`to Pay.
`Note and any prepayment,
`late charges and other amounts due under
`the Note.
`for Escrow Items under Section 3 of
`Instrument.
`this Security
`shall be made in U.S. currency.
`Instrument
`If any of
`Payments due under
`the Note and this Security
`inement
`my payments by check or other payment
`is returned to Lender unpaid, Lender may require my
`(c) certified
`payment be made by:
`treasurer's
`check or
`bank check,
`(b) money order;
`check,
`(a) cash;
`cashier's check, drawn upon an intiwion
`whose deposits are insured by a federal agency,
`instmmentality,
`Funds Transfer.
`or entity; or (d) Electronic
`or at
`at the location
`Payments are deemed received by Lender when received
`in the Note,
`required
`15 of
`this Security
`designated by Lender under Section
`Lender may return or
`Instrument.
`another
`location
`that
`it
`is less than the amount
`If
`is then due.
`accept any payment or partial payment
`if
`is for an amount
`that
`Lender may refuse to accept a lesser payment
`that
`I may make in the
`Lender accepts a lesser payment,
`is not obligated
`to apply such lesser payments when it
`future and does not waive any of
`its rights. Lender
`accrues as if all Periodic Payments had been paid when due,
`accepts such payments.
`If
`interest on principal
`funds until
`I make
`Lender may hold such unapplied
`then Lender need not pay interest on enapplid
`funds.
`a reasonable period of
`time, Lender will either
`If
`I do not do so within
`payments to bring the Loan current.
`funds will be applied to
`any unapplied
`In the event of
`apply such funds or return them to me.
`foreclosure,
`No offset or claim which I might have
`to foreclosure.
`prior
`principal
`balance immediately
`the outstanding
`the Note and this
`relieve me from making payments
`due under
`now or in the future against Lender will
`promises
`and agreements
`this Security
`secured
`all of my other
`Instrument
`or keeping
`by
`Security
`Instrument.
`
`Law or
`this
`Proceeds. Unless Applicable
`and Insurance
`Payments
`of Borrower's
`2. Application
`Lender will apply each of my paymen:a that Lender accepts in the following
`Section 2 requires otherwise,
`order:
`to pay interest due under the Note;
`First,
`due under the Note; and
`to pay principal
`Next,
`to pay the amounts due Lender under Section 3 of
`Next,
`Such payments will be applied to each Periodic Payment
`amounts will be applied as follows:
`Any remaining
`to pay any late charges;
`First,
`to pay any other amounts due under this Security
`Next,
`to reduce the principal balance of the Note.
`Next,
`
`Instrument;
`
`and
`
`this Security
`in the order
`
`Instrument.
`in which it became due.
`
`-6A(NY) (o506)
`
`Paga4 of 17
`
`Form 3033 1/04
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`charges; and Next,
`
`as
`
`under Section
`
`5 of
`
`this Security
`
`If Lender
`receives a payment
`from me for a late Periodic Payment which includes a sufficient
`amount
`to pay any late charge due,
`the payment may be applied to the late Periodic Payment and the late charge.
`If
`more than one Periodic Payment
`is due, Lender may apply any payment
`received from me: First,
`to the
`repayment
`of
`the Periodic Payments that are due if, and to the extent
`that, each payment
`can be paid in
`to the extent
`that any excess exists after
`full; Next,
`the payment
`is applied to the full payment
`of one or
`more Periodic Payments,
`such excess may be applied to any late charges due.
`prepayments will
`be applied as follows:
`Voluntary
`to any prepayment
`First,
`described in the Note.
`Any application
`of payments,
`Insurance Proceeds, or Miscellaneous
`Proceeds to principal
`due under
`the Note will not extend or postpone the due date of
`the Periodic Payments or change the amount of
`those
`payments.
`3. Monthly
`Payments For Taxes And Insurance.
`(a) Borrower's
`Obligations.
`I will pay to Lender all amounts necessary to pay for
`taxes, assessments, water charges, sewer
`rents
`and other similar
`charges, ground
`leasehold
`payments
`rents (if any),
`or
`hazard or property
`insurance
`the Property,
`flood insurance (if any), and any required Mortgage
`or a Loss Reserve
`covering
`Insurance,
`as described
`in Section 10 in the place of Mortgage
`Insurance.
`Each Periodic Payment will
`include
`an
`items which are called "Escrow Items:"
`amount
`to be applied toward payment of
`the following
`(1) The taxes, assessments, water charges,
`sewer
`rents and other similar
`on the Property
`charges,
`which under Applicable
`Law may be superior
`to this Security
`as a Lien on the Property.
`Instrument
`demand or charge that
`is made against property
`because an obligation
`claim,
`has not been
`Any
`is known as a "Lien;"
`fulfilled
`(2) The leasehold payments or ground rents on the Property
`(if any);
`(3) The premium for any and all
`insurance
`required
`by Lender
`Instrument;
`(4) The premium for Mortgage
`Insurance (if any);
`(5) The amount
`I may be required to pay Lender under Section 10 of
`of
`the payment of
`the pmmim
`for Mortgage
`Insurance (if any); and
`If required by Lender,
`the amount
`for any Community
`Association Dues, Fees, and Assessments.
`(6)
`After
`signing the Note, or at any time during its term, Lender may include these amounts as Escrow
`Items. The monthly
`payment
`I will make for Escrow Items will
`be based on Lender's
`of
`the
`estimate
`annual amount
`required.
`1 will pay all of
`these amounts to Lender unless Lender
`in writing,
`tells me,
`so, or unless Applicable
`Law requires otherwise.
`I will make these payments
`and interest are due under
`Periodic Payments of principal
`the Note.
`The amounts
`that
`I pay to Lender
`for Escrow Items under
`"Escrow
`be called
`this Section 3 will
`Funds."
`I will pay Lender
`the Escrow Funds for Escrow Items unless Lender waives my Obligadon
`to pay
`the Escrow Funds for any or all Escrow Items. Lender may waive my obligation
`to pay to Lender Escrow
`Funds for any or all Escrow Items at any time. Any such waiver must be in writing.
`In the event of such
`due for any Escrow Items for which
`pay directly, when and where payable,
`the amounts
`I will
`waiver,
`payment of Escrow Funds has been waived
`if Lender
`by Lender
`send to
`requires, will
`and,
`promptly
`such time period as Lender may require. My obligation
`to
`Lender
`receipts showing such payment within
`contained
`to be a promise and agreement
`in
`make such payments and to provide receipts will be considered
`and agreements"
`is used in Section 9 of
`this Security
`as the phrase "promises
`this Security
`instmacat,
`to pay the
`fail
`pursuant
`and I
`to a waiver,
`to pay Escrow Items directly,
`I="cart
`I am obligated
`If
`under Section 9
`amount due for an Escrow Item, Lender may pay that amount and I will
`then be obligated
`to repay to Lender. Lender may revoke the waiver as to any or all Escrow Items
`Ineret
`of
`this Security
`and, upon the
`Instrument
`IS of
`at any time by a notice given in accordance with Section
`this Security
`under
`this
`that are then required
`and in amounts,
`pay to Lender all Escrow Funds,
`I will
`revocation,
`Section 3.
`
`this Security
`
`!ns*ment
`
`instead
`
`I do not have to do
`that
`on the same day that my
`
`-6A(NY) (0506)
`
`Page5 of 17
`
`Muals:P
`
`Form 3033 1/01
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`I promise to promptly
`send to Lender any notices that
`I receive of Escrow Item amounts
`to be paid.
`Lender will estimate from time to time the amount
`of Escrow Funds I will
`have to pay by using existing
`and bills and reasonable estimates of
`a=casmcats
`the amount
`I will have to pay for Escrow Items in the
`future, unless Applicable
`Law requires Lender
`to use another method for dctcardning
`the amount
`I am to
`pay.
`
`If
`
`the
`and
`
`Lender may, at any time, collect and hold Escrow Funds in an amount sufHcient
`Lender
`to permit
`to
`the Escrow Funds at
`the time specified
`under RESPA.
`Law puts limits
`Applicable
`on the total
`apply
`amount of Escrow Funds Lender can at any time collect and hold. This total amount
`cannot be more than
`a lender
`amount
`the maimam
`could require
`under RESPA.
`If
`there is another Applicable
`Law that
`limit on the total amount of Escrow Funds Lender
`imposes a lower
`can collect and hold, Lender will
`be
`limited to the lower amount.
`(b) Lender's Obligations.
`Lender will
`keep the Escrow Funds in a savings or banking
`which has its deposits
`!=±±::
`insured
`is such a
`If Lender
`by a federal agency,
`or
`or entity,
`in any Federal Home Loan Bank.
`instr±metality,
`Lender may hold the Escrow Funds. Lender will
`use the Escrow Funds to
`savings or banking
`instation,
`pay the Escrow Items no later
`than the time allowed
`under RESPA or other Applicable
`Law. Lender will
`give to me, without
`of
`the Escrow Funds. That accounting
`an annual accounting
`will
`show all
`charge,
`to and deductions
`from the Escrow Funds and the reason for each deduction.
`additions
`Lender may not charge me for holding or keeping the Escrow Funds,
`for using the Escrow Funds to
`of Escrow Funds or for
`a yearly analysis of my payment
`for making
`pay Escrow Items,
`or for
`receiving,
`and totaling assessments and bills. However,
`Lender may charge me for
`these services if Lender
`verifying
`pays me interest on the Escrow Funds and if Applicable
`Law permits
`to make such a charge.
`Lender
`to pay me any interest
`on the Escrow Funds unless either
`Lender will
`or earnings
`not be required
`(1)
`that Lender will
`Lender and I agree in writing
`pay interest on the Escrow Funds, or
`(2) Appliable
`Law
`requires Lender
`to pay interest on the Escrow Funds.
`to the Escrow Funds.
`(c) Adjustments
`on the amount
`of Escrow Funds Lender may hold.
`Under Applicable
`there is a limit
`Law,
`amount of Escrow Funds held by Lender exceeds
`then there will
`be an excess amount
`this limit,
`to me in a special manner
`the excess amount of Escrow Funds.
`RESPA requires Lender
`to account
`for
`If, at any time, Lender has not received enough Escrow Funds to make the payments of Escrow Items
`I will
`that an additional
`is necessary.
`when the payments are due, Lender may tell me in writing
`amount
`additional
`amount
`pay to Lender whatever
`to pay the Escrow Items when the payments
`are
`is necessary
`due, but the number of payments will not be more than 12.
`When I have paid all of
`the Sums Secured, Lender will promptly
`are then being held by Lender.
`all
`I will
`to Pay Charges,
`And Claims.
`Assessments
`4. Borrower's
`Obligation
`taxes,
`pay
`and any other charges and fmes that
`rents and other
`similar
`assessments, water charges,
`sewer
`charges,
`and that may be superior
`to this Security
`may be imposed on the Property
`Instrument.
`I will
`also make
`I am a tenant on the Property and Co•n:m=ity
`ground rents or payments due under my lease if
`Association
`(if any) due on the Property.
`If
`these items are Escrow Items,
`I will
`do this
`Dues, Fees, and Assessments
`by making the payments as described in Section 3 of
`Instrument.
`In this Security
`this Security
`Instrument,
`the word "Person" means any iñdividual,
`governmental
`or other party.
`organization,
`authority
`I will promptly
`that may be superior
`to this Security
`pay or satisfy all Liens against
`the Property
`Instrument.
`Instrument
`does not
`this Security
`require me to satisfy
`a superior
`Lien
`if:
`However,
`(a)
`to pay the obligation which gave rise to the superior Lien and Lender approves
`the way
`in writing,
`agree,
`in good
`in which I agree to pay that cblijigic:,
`such agreement;
`but only so long as I am performing
`(b)
`the
`I argue or defend against
`Lien
`in a lawsuit
`so that
`in Lender's
`the superior
`opinion,
`faith,
`during
`I secure from the
`the lawsuit
`ends; or
`the superior Lien may not be enforced,
`but only until
`lawsuit,
`(c)
`holder of
`this Security
`approved
`that other Lien an agreement,
`in writing
`that
`the Lien of
`by Lender,
`
`refund to me any Escrow Funds that
`
`I
`
`-6A(NY) [0506)
`
`Page6 of 17
`
`initials:
`
`Form 3033 1/01
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`that any part of
`If Lender determines
`is
`the Property
`the superior
`a notice identifying
`Lien. Within
`10
`shall pay or satisfy the superior Lien or take one or
`
`charge for an independent
`real estate tax reporting
`unless Applicable
`Law does not permit
`Lender
`to
`
`Iñs:mment
`to the Lien held by that Person.
`is superior
`Lender may give Borrower
`to a superior
`subject
`Lien,
`the date on which the notice is given, Borrower
`days of
`the actions mentioned
`in this Section 4.
`more of
`also may require me to pay a one-time
`Lender
`service used by Lender
`in connection with the Loan,
`make such a charge.
`to Maintain
`or Prspcrty
`Obligation
`5. Borrower's
`Hazard
`I will
`Insurance
`obtain
`Insurance.
`insurance to cover all buildings
`and other
`hazard or property
`improvements
`that now are, or
`in the future
`located on the Property. The insurance will
`will be,
`cover
`loss or damage caused by fire, hazards normally
`by "Extended Coverage"
`hazard
`covered
`insurance
`and any other hazards
`for which
`Lender
`policies,
`but not
`to earthquakes
`requires
`limited
`and floods.
`The insurance will
`be in the
`including,
`coverage,
`but not
`limited
`to, deductible
`amounts (including,
`the periods of
`levels) and for
`time required
`by Lender.
`the last sentence can change during the term of
`What Lender
`requires under
`I may choose the
`the Loan.
`but my choice is subject
`to Lender's
`L=_~a.ace company,
`right
`to disapprove.
`Lender may not disapprove
`my choice unless the di=ppmval
`is reasonable.
`Lender may require me to pay either
`(a) a one-time
`charge
`certification
`for
`flood zone det--i-±don,
`and tracking
`or
`(b) a one-time
`charge for
`flood zone
`services,
`and certification
`services and subsequent
`charges each time remappings
`dete==.ineion
`or similar
`changes
`reasonably might affect
`the flood
`occur which
`zone determination
`or certification.
`If
`I disagree with the
`I may request
`flood zone determination,
`the Federal Emergency Management
`to review the flood
`Agency
`and I promise to pay any fees charged by the Federal Emergency Management
`zone stemiñ#ion
`Agency
`for its review.
`fail
`above, Lender may obtain
`covemges
`the insurance
`any of
`to maintain
`If
`I
`insurance
`described
`at Lender's
`option and my expense. Lender
`is under no obligation
`to p-ch--e
`any particular
`coverage,
`such coverage will
`but might or might
`type or amount of coverage. Therefore,
`not protect
`cover Lender,
`of
`the Property,
`against any risk, hazard or
`or the contents
`in the Property,
`and
`me, my equity
`liability
`might provide
`greater or lesser coverage than was previously
`in effect.
`the cost of
`I ackaGvdedge that
`the
`I could have ah*=inad
`exceed the cost of
`insumnce that
`insurance coverage so obtained might significantly
`disbursed by Lender under
`debt secured by this
`this Section
`Any amounts
`5 will
`become my additional
`These amounts will bear interest at the interest
`rate set forth in the Note from the date
`Instrument.
`Security
`of disbursement
`and will
`be payable with
`such interest,
`to me requesting
`upon notice
`from Lender
`payment.
`as a "Standard
`include what
`All of
`is known
`those policies will
`the insurance policies and renewals of
`Mortgage Clause"
`and/or as an addiden±!
`to protect Lender and will name Lender as mortgagee
`loss payee.
`The form of all policies and renewals will be acceptable
`Lender will have the right
`to hold the
`to Lender.
`all
`of paid
`and renewal
`certificates.
`If Lender
`I will
`give Lender
`receipts
`policies
`requires,
`promptly
`premiums and renewal notices that
`I receive.
`If
`any form of
`I obtain
`insurance
`coverage,
`destruction
`include
`the Property,
`such policy will
`of,
`mortgagee and/or as an additional
`loss payee.
`I will
`there is a loss or damage to the Property,
`If
`prove to the insurance company
`I do not promptly
`If
`Lender.
`may do so.
`is called "Insurance
`loss or damage to the Property
`for
`The amount paid by the insurance company
`Proceeds." Unless Lender and 1 otherwise
`the
`or not
`agree in writing,
`any Insurance Proceeds, whether
`be used to repair or
`to restore the damaged Property
`insurance was required by Lender, will
`underlying
`the Insurance
`the use of
`it
`feasible to make the repairs or
`is not economically
`unless:
`restoration;
`(b)
`(a)
`or (c)
`given to Lender by this Security
`Proceeds for
`lessen the protection
`that purpose would
`Instrument;
`the period
`to use the Insurance Proceeds for
`that purpose. During
`not
`Lender and I have agreed in writing
`
`for damage to, or
`required
`not otherwise
`by Lender,
`a Standard Mortgage Clause and will name Lender as
`
`the insurance
`notify
`promptly
`that
`the loss or damage occurred,
`
`and
`company
`then Lender
`
`-6A(NY) (0506)
`
`Page7 of 17
`
`Fonn
`
`03
`
`1/01
`
`I
`
`1
`
`

`

`FILED: QUEENS COUNTY CLERK 10/01/2018 03:27 PM
`NYSCEF DOC. NO. 115
`
`INDEX NO. 716731/2017
`
`RECEIVED NYSCEF: 10/01/2018
`
`are being made, Lender may hold any Lasan=ee Proceeds until
`that any repairs or restorations
`it has had an
`that
`to inspect
`the Property
`the repair work
`to verify
`has been completed
`to Lender's
`opportunity
`this inspection will be done prompny.
`satisfaction. However,
`Lender may make payments
`for
`the repairs
`in a single payment or
`in a series of progress payments
`and restorations
`as the work
`is compled
`Unless
`Lender and I agree atherwise
`in writing
`or unless Applicable
`Law requires
`Lender
`is not
`otherwise,
`required to pay me any interest or eamings on the Insurance Proceeds.
`I will pay for any public
`adjusters
`or other
`I hire, and their
`third parties that
`fees will not be paid out of
`the Insurance Proceeds.
`the repair
`If
`or restoration
`is not economically
`feasible or
`it would
`if
`lessen Lender's
`protection
`under
`this Security
`then the Insmace
`Proceeds will be used to reduce the amount
`that
`I owe to Lender under
`this
`Instrument,
`Security Instrument.
`Such Insurance Proceeds will be applied in the order provided
`for
`in Section 2.
`If any
`the Insurance Proceeds remain after the amount
`I owe to Lender has been paid in full,
`of
`that
`the remaining
`Irisürañcc Proceeds will be paid to me.
`If
`I abandon the Property,
`negotiate
`Lender may file,
`and settle any available
`claim and
`insurance
`related matters.
`I do not answer, within
`that
`the insurance
`If
`30 days,
`a notice
`from Lender
`stating
`Lender may negotiate
`company has offered to settle a claim,
`and settle the claim. The 30-day period will
`begin when the notice is given.
`if Londer acquires the Property
`In either event, or
`this
`under Section 22 of
`Instrument
`or otherwise,
`I give Lender my rights
`to any Insurance Proceeds
`in an amount
`not
`Security
`greater
`than the amounts unpaid under
`the Note and this Security
`I also give Lender any other
`Instrument.
`than the right
`of my rights
`(other
`to any refund of unearned
`premiums
`that
`I paid) under all
`insurance
`the Property,
`to the coverage of
`the rights are applicable
`the Property.
`Lender may use
`policies
`if
`covering
`to repair or restore the Property
`or to pay amounts unpaid under
`the Note or
`the Insurance Proceeds either
`this Security Instrument, whether or not
`then due.
`and use the
`Obligations
`6. Borrower's
`to Occupy
`the Property
`I will
`The Property.
`occupy
`Property as my principal
`60 days after
`I sign this Security
`continue
`to
`Instrument.
`residence within
`I will
`occupy the Property and to use the Property as my principal
`residence for at
`least one year. The one-year
`first occupy the Property. However,
`period will begin when I
`1 will not have to occupy
`and
`the Property
`the time frames
`forth
`above if Lender
`agrees in
`use the Property
`as my principal
`residence within
`set
`I do not have to do so. Lender may not
`refuse to agree unless the refusal
`I also
`is reasonable.
`that
`writing
`will not have to occupy the Property and use the Property
`the time frames
`residence within
`as my principal
`exist which are beyond my control.
`circumstances
`set forth above if extenuating
`And Protect
`The Property
`Ob'iganons
`7. Borrower's
`to Maintain
`Obligations.
`of the Property.
`and Protection
`(a) Maintenance
`to deteriorate.
`not allow the Property
`and I will
`damage or harm the Property,
`I will
`not destroy,
`not
`it will
`in good repair
`so that
`I will
`keep the Property
`in the Property,
`Whether or not
`I am residing
`under Section
`5 of
`this
`or