throbber
FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`NYSC 3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`INDEX NO. 604658/2017
`INDEX NO. 604658/2017
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`RnCnIVnD VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
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`
`
`Exm6 IT
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
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`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
`
`
`
`
`
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`R«C«IV«D VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`HELP FOR HOMEOWNERS IN FORECLOSURE
`
`NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT
`THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
`
`SUMMONS AND COMPLAINT
`
`YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO
`
`THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY
`LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT
`
`CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR
`
`YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT
`YOURSELF.
`‘
`
`SOURCES OF INFORMATION AND ASSISTANCE
`
`THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR
`
`OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN
`ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND
`NON—PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION
`ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR
`LENDER DURING THIS PROCESS.
`
`TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE NEW YORK STATE
`DEPARTMENT OF FINANCIAL SERVICES’ TOLL —FREE HELPLINE AT 1(800) 269-
`0990 OR VISIT THE DEPARTMENT’S WEBSITE AT HTTP://VVWW.DFS.NY.GOV.
`
`FORECLOSURE RESCUE SCAMS
`
`BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO “SAVE”
`YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF
`
`FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A
`HOMEOWNER’S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT
`ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR
`SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH
`SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY
`
`DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL
`CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM
`YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES.
`
`WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED
`
`WILL BE USED FOR THAT PURPOSE.
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`FILED: SUFFOLK COUNTY CLERK 03 13 2017 05:23 PM
`NYSCEF DOC. NO.
`1
`
`INDEX NO. 604658/2017
`INDEX NO. 604658/2017
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`
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`
`
`R«C«IV«D VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX NO. 604658/2017
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`RECEIVED NYSCEF: 03/13/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF $UFFOLK
`_ - _ _ I _________ _ l _ _ _ _ _ X
`
`LENDINGHOME FUNDING CORPORATION
`
`Plaintiff(s),
`
`“againstw
`
`TRIPOINT HOME SOLUTIONS,
`CHRISTOPHER MACARTNEY
`APPLE HOME SERVICES CORP
`
`INC.
`
`“JOHN DOE #1” through “JOHN DOB ”12,” the
`last
`twelve
`names being fictitious and
`unknown
`to plaintiff,
`the
`persons
`or
`parties
`intended
`being
`the
`tenants,
`occupants,
`persons
`or
`corporations,
`if
`any, having or claiming an interest in or
`lien upon the premises, described in the
`complaint,
`
`y.»p.q.__,_g_______-__,___...x
`
`To the above named Defendants
`
`Defendant(s).
`
`mega/nor?
`
`INDEX NO.:
`Date E'iled:3//3/20/7
`SUMMONS
`
`Plaintiff designates
`SUFFOLK County as the
`place of trial
`
`Premises:
`23 HILLSIDE AVENUE
`
`ROCKY POINT, NY
`
`11778
`
`Venue is based upon
`County in which the
`premises are situated
`
`in this
`YOU ARE HEREBY SUMMONED to answer the complaint
`action and to serve a copy of your answer, or,
`if the complaint
`is not served with this sunmwns,
`to serve a notice of appearance
`on the Plaintiff’s Attorney within 20 days after the service of
`this summons, exclusive of
`the day of service (or within 30 days
`after the service is complete if this Summons
`is not personally
`and in case of
`delivered to you within the State of New York};
`
`[4 oflo
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`lFILED: SUFFOLK COUNTY CLERK 03713720110593 PM]
`NYSCEF DOC. NO.
`1
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`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
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`RfiCfiIVfiD VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX- NO- “4658/2017
`RECEIVED NYSCEF: 03/13/2017
`
`judgment will be taken against
`your failure to appear or answer,
`you by default for the relief demanded in the complaint.
`
`Dated:
`
`Syosset, New York
`March 10, 2017
`
` PETER T. ROACH AND 1
`
`BY: Michael C. ManfiiEETO‘
`Attorneys for Plaintiff
`6901 Jericho Turnpike, Suite 240
`Syosset, New York 11791
`Telephone 516—938-3100
`
`2 ofnfl
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`[FILED: SUFFOLK COUNTY CLERK fi‘flnZonfi' 05:23 PM]
`N¥8CEF DOC. NO.
`1
`
`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
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`
`
`RTCTIVTD NYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX NO- “4658/2017
`RECEIVED NYSCEE‘: 03/13/2017
`
`_
`. /
`V
`{maxim/7
`INDEX NO.:
`Date Filed:
`
`3/3/20/7
`
`COMPLAINT FOR
`FORECLOSURE OF A
`MORTGAGE
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF SUFFOLK
`........
`LENDINGHOME FUNDING CORPORATION
`
`Plaintiff(s),
`
`-against-
`
`TRIPOINT HOME SOLUTIONS,
`CHRISTOPHER MACARTNEY
`APPLE HOME SERVICES CORP
`
`INC.
`
`“JOHN DOE #1” through “JOHN DOE #12,” the
`last
`twelve
`names being fictitious and
`unknown
`to plaintiff,
`the
`persons
`or
`parties
`intended
`being
`the
`tenants,
`occupants,
`persons
`or
`corporations,
`if
`any, having or claiming an interest in or
`lien upon the premises, described in the
`complaint,
`
`Defendant(s).
`—fin—“abha-‘Eidi—Aihfi;———.A—~_gcb-X
`
`its/their attorneys Peter T. Roach
`by
`Plaintiff(s)
`Associates P.C., hereby allege(s) upon information and belief:
`
`and
`
`1”
`
`On or about November 3,
`
`2015 defendant, TRIPOINT
`
`HOME
`
`SOLUTIONS,
`
`INC.,
`
`borrowed
`
`the
`
`sum of
`
`$173,000.00
`
`from
`
`LENDINGHOME FUNDING CORPORATION which sum was advanced to it and
`
`executed and delivered a certain note dated the
`
`same date.
`
`Defendant CHRISTOPHER MACARTNEY guaranteed payment 0t
`
`the Note by
`
`executing a Guaranty. Copies of
`
`the Note and Guaranty Agreement
`
`Are annexed hereto as Exhibit “A".
`
`3 of 10
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`
` NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
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`INDEX NO. 604658/2017
`INDEX NO. 604658/2017
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`
`
`
`Re «IV«D NYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`IFILED: SUFFOLK COUNTY CLERK 0351312017 05:23__21~_4]
`NYSCEF DOC. NO.
`1
`
`INDEX Nov 604658/2017
`RECEIVED NYSCEF: 03/13/2017
`
`2.
`
`Said note provided,
`
`among other things,
`
`that in the
`
`event
`
`of default
`
`by
`
`the maker
`
`of
`
`the note,
`
`TRIPOINT HOME
`
`SOLUTIONS,
`
`INC.,
`
`in the payment of any of
`
`the above described
`
`payments,
`
`the entire balance hereunder shall be immediately due
`
`and payable.
`
`3.
`
`In order
`
`to collaterally secure the aforesaid
`
`obligation, defendant,
`
`TRIPOINT HOME
`
`SOLUTIONS,
`
`INC.,
`
`on
`
`the
`
`same
`
`day,
`
`duly executed,
`
`acknowledged
`
`and delivered to the
`
`plaintiff
`
`or plaintiff's
`
`assignor
`
`a mortgage, whereby
`
`said
`
`defendant mortgaged
`
`the
`
`following
`
`real
`
`property with
`
`the
`
`appurtenances thereto, described in the mortgage as follows:
`
`See Schedule A r “Legal Description” annexed hereto and
`
`made
`
`a part hereof.
`
`Said premises being known as
`
`and by 23
`
`HILLSIDE AVENUE, ROCKY POINT, NY 11778.
`
`TOGETHER. with all
`
`right,
`
`title and interest of
`
`the
`
`defendant
`
`in and to the land lying in the streets and roads in
`
`front of and adjoining said premises.
`
`4.
`
`Said mortgage provided for the following:
`
`so
`foreclosure sale said premises or
`a)In case of
`much thereof a3 may be affected by this mortgage,
`may be sold in one parcel.
`
`pay
`the mortgagor will
`b)’Fhat
`assessments,
`sewer
`rente or walor
`
`taxes,
`all
`rates and in
`
`default
`
`thereof,
`
`the mortgagee may pay the same,
`
`
`sum and interest
`fluid prim ipal
`the whole or
`ClThat
`shall become due at
`the option of
`the mortgagee
`
`4 of JO
`
`

`

`604658/2017
`INDEX NO. 604658/2017
`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`
`INDEX NO-
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
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`
`
`NYSCI
`RECEIVED NYSCEF: 10/20/2017
`3F DOC. NO. 22
`RECEIVED NYSCEF: 10/20/2017
`NYSCEF DOC. NO. 22
`
`TMMXNQ m4wenon
`(FILED: SUFFOLK COUNTY CLERK 03(1322017 05:23 PE
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 03/13/2017
`
`in the payment of any installment
`after default
`of principal or of interest.
`
`5.
`
`That
`
`the said mortgage was duly recorded in Liber:
`
`M00022651 of Mortgages at Page: 840 in the Office of the CLERK of
`
`the County of
`
`SUFFOLK on November 20,
`
`2015,
`
`and the New York
`
`State recording tax was duly paid thereon.
`
`A copy of
`
`the
`
`Mortgage is annexed hereto as Exhibit “B".
`
`6.
`
`Defendant, TRIPOINT HOME SOLUTIONS,
`
`INC.,
`
`is the
`
`owner of the equity of redemption herein foreclosed and is joined
`
`as necessary party defendant
`
`to foreclose all of
`
`its rights,
`
`title,
`
`interest
`
`and
`
`equity of
`
`redemption
`
`in the mortgaged
`
`premises. Defendant CHRISTOPHER MACARTNEY guaranteed payment of
`
`the Note. Defendants,
`
`TRIPOINT
`
`HOME
`
`SOLUTIONS,
`
`INC.
`
`and
`
`CHRISTOPHER MACARTNEY will be liable for any deficiency judgment
`
`as may be directed by this Court, unless said Defendant
`
`,have
`
`received a discharge from the United States Bankruptcy Court,
`
`in
`
`which
`
`case Plaintiff
`
`shall
`
`not
`
`seek
`
`or
`
`be entitled to a
`
`deficiency judgment.
`
`'7. Plaintiff verily believes that during the pendency
`
`of this action,
`
`in order
`
`to protect
`
`the security of
`
`the within
`
`mortgage,
`
`it may
`
`be
`
`compelled
`
`to make
`
`advances
`
`to .prior
`
`mortgagees,
`
`if any,
`
`for
`
`installments of principal and interest,
`
`taxes, assessments, water rates, and/or fire insurance premiums
`
`that are or may become due under said prior mortgage or
`
`to the
`
`5 or
`
`110
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`NYSCI
`3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`604658/2017
`INDEX NO. 604658/2017
`
`INDEX NO-
`
`
`
`
`R«C«IV«D VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`[FILED: SUFFOLK COUNTY CLERK 032::22017 05:23 in)
`NYSCEF DOC. NO.
`1
`
`INDEX NO- 6046580017
`RECEIVED NYSCEF: 03/13/2017
`
`receiver of
`
`taxes,
`
`or
`
`to the
`
`fire insurance company, which
`
`advances are to be included in the balance due to plaintiff, plus
`
`interest, as provided for in the within mortgage foreclosed and
`
`deemed further secured thereby.
`
`8.
`
`TRIPOINT HOME
`
`SOLUTIONS,
`
`INC.
`
`and CHRISTOPHER
`
`MACARTNEY have defaulted under the note for $173,000.00 owing to
`
`plaintiff by failing to make the required payment when due on
`
`maturity on May 3,
`
`2016. As
`
`the Note matured on May 3, 2016,
`
`plaintiff
`
`herein
`
`demands
`
`the
`
`entire principal
`
`balance
`
`of
`
`$173,000.00 to be immediately due and payable under the Mortgage
`
`herein foreclosed, plus interest, unpaid late charges that have
`
`accrued prior to this action, any advances made or to be made to
`
`protect plaintiff's Mortgage, all to be computed by the Referee
`
`to be appointed for that purpose,
`
`together with a reasonable sum
`
`representing legal
`
`fees if same
`
`is authorized by the Note and
`
`Mortgage to be awarded by the Court.
`
`9.
`
`Plaintiff
`
`is still
`
`the owner
`
`and holder of
`
`the
`
`mortgage herein foreclosed and of
`
`the note secured thereby.
`
`At
`
`the time the proceeding was
`
`commenced,
`
`the plaintiff was
`
`the
`
`owner and holder of
`
`the subject mortgage and note, or has been
`
`delegaLed the authority to institute a foreclosure action by the
`
`owner and holder of the note. Originala of the eubjoct mortgage
`
`and note are in the plaintifi‘a pomsession and control or
`
`that
`
`of
`
`the custodian.
`
`6 of 10
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`
`NYSC3F DOC. NO.
`22
`NYSCEF DOC. NO. 22
`
`(FILED: SUFFOLK COUNTY CLERK ani‘fiZ‘éom 05:23 PM]
`1
`NYSCEF DOC. NO.
`
`604658/2017
`INDEX NO. 604658/2017
`INDEX N0-
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX N01 “4653/2017
`RECEIVED NYSCEF: 03/13/2017
`
`10. Plaintiff is a Corporation.
`
`11.
`
`That no other action has been commenced for the
`
`recovery of said sum secured by said note and mortgage.
`
`12. That each and all of the defendants herein have or
`
`claim to have some interest in, or
`
`lien upon the said mortgaged
`
`premises or some part
`
`thereof, which interest or
`
`lien,
`
`if any,
`
`has accrued subsequently to the lien of the said mortgage, and is
`
`subject and subordinate thereto.
`
`13. That plaintiff shall not be deemed to have waived,
`
`altered,
`
`released or changed the election hereinbefore made by
`
`reason of
`
`any’ payment after the date of
`
`commencement of
`
`this
`
`action.
`
`14.
`
`The
`
`premises
`
`are
`
`owned
`
`by
`
`TRIPOINT
`
`HOME
`
`SOLUTIONS,
`
`INC. a domestic corporation. Therefore the provisions
`
`of New York RPAPL 1303, 1304, 1306 and CPLR 3408 do not apply to
`
`this action.
`
`15. Apple Home Service Corp is a domestic Corporation
`
`registered in Suffolk County.
`
`WHEREFORE,
`
`the plaintiff
`
`demands
`
`judgment
`
`that
`
`the
`
`defendant herein and all persons claiming under
`
`them or any or
`
`either of them subsequent
`to the commencement of
`be forever barred and foreclosed of all right,
`
`this action may
`claim,
`lien and
`
`equity of
`
`redemption in the said nwrtgaged premises;
`
`that
`
`the
`
`said premises may he decreed to be sold according to law in "as
`
`7 of 10
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`NYSCI
`3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`FILED: SUFFOLK COUNTY CLERK 03192017 05:2
`NYSCEF DOC. NO,
`1
`
`PM
`
`604658/2017
`INDEX NO. 604658/2017
`INDEX NO-
`
`
`
`
`
`R«C«IV«D VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`INDEX NO- 6046580017
`RECEIVED NYSC‘EF: 03/13/201'7
`
`is" physical order
`
`and condition,
`
`subject
`
`to any covenants,
`
`easements,
`
`restrictions
`
`and
`
`reservations
`
`of
`
`record;
`
`any
`
`violations of record; any state of facts an accurate survey may
`
`show;
`
`any zoning regulations or amendments
`
`thereto;
`
`rights of
`
`tenants or persons in possession of
`
`the subject premises;
`
`any
`
`prior mortgage liens of record; any prior lien of record; and any
`
`advances or arrears thereunder; any equity of
`
`redemption of the
`
`UNITED STATES OF AMERICA to redeem the premises within 120 days
`
`from date of sale;
`
`that
`
`this Court forthwith appoint a receiver
`
`of the rents and profits of said premises, during the pendency of
`
`this action with the usual powers and duties;
`
`that monies arising
`
`from the sale may be brought
`
`into court;
`
`that plaintiff may be
`
`paid the amount due on said note and Mortgage with interest
`
`to
`
`the time of such payment, attorney's fees, as set forth in the
`
`Mortgage,
`
`the costs of this action and the expenses of said sale
`
`so far as the amount of such monies properly applicable thereto
`
`will pay the same; and that defendants, TRIPOINT HOME SOLUTIONS,
`
`JNC.
`
`and CHRISTOPHER MACARTNEY may be adjudged to pay the whole
`
`residue, or so much thereof as Lhe Court may determine to be just
`
`and equitable, of the debt
`
`remaining unsatisfied after the sale
`
`of
`
`the nwrtgaged premises
`
`and the application of
`
`the proceeds
`
`pursuant
`
`to the provisions contained in such judgment,
`
`the amount
`
`8 ofJO
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
`NYSCEF DOC. NO. 22
`
`NYSCEF DOC. NO. 22
`
`LFILED: SUFFOLK define-‘3‘:
`’C’LmEiRK 0?? '13 3201'? 05:23 PM
`NYSCEF‘ Doc. No.
`1
`
`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`
`
`INDEX Nov 604658/2017
`RECEIVED NYSCEF‘: 03/13/2017
`
`thereof to be determined by the Court as provided in Section 1371
`
`of the Real Property and Proceedings Law.
`
`Dated:
`
`Syosset, New York
`March 10, 2017
`
`1"
`
`PETER T. ROACH AND {aim};
`/”
`
`
`
`
`~
`:/_/ Ix/fl
`,‘ _._-_._.... . _/ 1
`.
`BY: Michael C. Manniello
`
`,x
`
`.fi __—_.
`
`Attorneys for Plaintiff
`6901 Jericho Turnpike, Suite 240
`Syosset, New York 11791
`Telephone 516—938—3100
`
`90f 10
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
`NYSC3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`
`IFILED: SUFFOLK COUNTY CLER
`NYSCEF DOC. NO.
`1
`J.
`
`
`632713,}?”71"; 05723 PM]
`
`INDEX NO. 604658/2017
`INDEX NO. 604658/2017
`
`
`
` «IV«D NYSCEF: 10/20/2017
`
`Rfl
`RECEIVED NYSCEF: 10/20/2017
`INDEX NO. 604658/2017
`
`RECEIVED NYSCEF: 03/13/2017
`
`33687777
`
`
`EXTHBTT“A"
`
`"Mortgaged Property"
`
`ALL that certain plot. piece or parcel of land situate. lying and being at Rocky
`Point. in the Town of Brookhaven. County of Suffolk and State of New York.
`specifically known as Lot Nos. LI." 100 and 101 in Block It on a certain map
`entitled "Map of Oakland Park, Rocky Point. L.l." which map Was filed in the
`Office of the Clerk oi the County of Suffolk under File No. 496 on Deoember10,
`1912, being more particularly bounded and described, according to said map. as
`follows:
`
`BEGINNING at the corner formed by the intersection of the northerly side of The
`Lane with the easterly side Hillside Avenue and from said point and place of
`beginning;
`
`RUNNING THENCE along the easterly side of Hillside Avenue North 03 degrees
`27' West 1 16.00 feet;
`
`THENCE South 83 degrees 10' 37" East 78.60 feet;
`
`THENCE South 03 degrees 44' 55" West 129.61 feet to the northerly side of The
`Lane:
`‘
`
`THENCE along the said northerly side of The Lane North 69 degrees 55' West
`66.64 feet to the point or place of BEGINNING.
`
`FOR INFORMATION ONLY:
`
`~
`
`Premises also-known as: 23 Hillside A'venue. Rocky Point, NY 11778
`
`@prot Oran/“325:5 or will \09.
`imroqeol rpeK PS owe, oft-ma '
`QWMH (ithNQ 0M:
`
`10 of 10
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`INDEX NO- 604658/2017
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
` NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`INDEX NO. 604658/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`IFILED: §UFFOLK coir—ITITY CLERK 03/137101? 05:23 PM]
`NYSCEF DOC. NO.
`2
`
`INDEX NO- 6046“58/201"
`RECEIVED NYSCEF: 03/13/2017
`
`EXHIBITA
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`
`
`FILED: sfifif‘b’fmfinw CLERK 03 13 2017 05:23 PM
`NYSCEF DOC. NO.
`2
`‘
`
`
`
`EX NO. 604658/2017
`INDEX NO. 604658/2017
`
`IND
`
`
`
`
`
`RnCnIVnD
`VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX NO- 604658/2017
`RECEIVED NYSCEF: 03/1l3/2OLI'7
`
`out’LtcATEONG'NP'L
`
`,PRoMIssom—r NO: -
`
`SECUREDBY s’ I URIT‘iY INSTRUMENT
`
`(Term Loan, Interest Only Payments, Balloon Payment due;
`.05 -.93 — 2-016
`
`.1
`
`Amomtt: $173 , 000 . 00
`
`Loan No. —
`
`APN:nlock: 05.00, Lot: 010.000
`
`Dma 11~03-2015
`
`times
`the
`at
`FOR VALUE RECEIVED,
`Tripoinl‘. Home Solutions], Inq., A NY Corp.
`
`hereinafter
`‘
`
`'statcd,
`
`Snn Francisco, CA
`
`hatch] called ("Borrower") prnmlsc‘ts] to pay to Lendingllome Fundlng Comorntlon, n Dnlt‘twm corporation C'Lemtcr“) or md'er
`
`at the address specified bulnw. or at soul: place or :91“le M‘n‘Pl‘dnLWll‘.dggjgr‘rmgiin.writtng‘limh Limo to Iimu, thc sum or; .
`
`
`
`Hpne Hundrtsad And Severit-
`rnen. Tf'élrtfilfinéfligd Og/ltlgjlfii Dollars
`
`531 :73 ,QDO - 00' __) or so much thurool" It: may he disbursed by Landcr. (the "Principal Amount“) with interest on each
`l;
`rutvaurnu oi" principal (cunt: an "Adynnce"} at the mores: rate set forth below from the date of such Advance (the "Disbursem ant
`
`-
`“PH— (the “Maturity Ditto"),
`05-03-2016
`
`Date") until
`
`SECURITY: This Promissory Note (the “Note") is secured by 8 FIRST priority Dent] ol‘Trust, Mortgage. or Security Deed (the
`88:
`“Secuer Instrument") including an Assignment ofRnnts and Fixture Piling.dntotl of" even date herewith on property known
`
`
`23 Hillside Ave, Rocky Point, NY 11778
`.
`.
`'
`‘—‘*’_—"‘-"'—_‘=E_fi——-—————x
`
`
`_!\l’t~l 1.310%; REA-Q0 . Lon: 0105.000
`term in the: Scuufity lnstrumnnt.
`
`
`(the "Property"). The term “Loan Dunn in‘ent's" shall have the same meaning as that
`
`Advances: Provided that no event of default has ocmmsd horoumlor, Lander will make Advances for the purposes specified
`]_
`not to exceed the mnxirnum (aggrcgntc) sum of”
`.5173I HQ 0 . Qt}
`(the "Loan").
`
`Initial Advance. The initial disbursement offil'nds ("Initial Advance") shall be
`1.1
`used in connection with the purchase or mfinancc of the Property,;
`
`13¢ 4?: PB 9:00 __ to
`'
`'
`'
`'
`
`be
`
`dvnn‘cn. Any additional advance of funds. (" Jclnati-uctlon Advance") munl‘u contempomnnously with
`Construction
`1.2
`the initial Advance shall tr: for the [moon of funding nunstmntion nndfor rehabilitation of the Property. Thu tlntmtnr. rmd other terms
`or the Couslmclinn Advnnnc, irony. an: 'prwiddd for in thc attached Schedule A.
`
`information, certifications, and
`1.3 3mm; .Lcn'clcr may conclusively premiums tlml nil mt|llt:.'tl.\‘, ntatcmcnts,
`representations. whethnr written or-m'ol.'subniittod or made by Borrower or any of its agents to the Lender in commotion with this
`Note are true and correct, and the Lc'ntlur: shall be Entitled to rely lhnrnnn. without investigation or inquiry of any kind by the Lender,
`in «.lisburning or Ink-rising the Loan procccds‘ nod inking or refraining from taking :my other action. in connection with the Lona.
`
`2-
`
`totem! RLRlln.t1_.f'_tl._\‘menl nflrincinnl and. thinned
`
`21
`
`lmnniflfln
`
`an annual rate of
`
`mgflliunhln Raga; Suhjtct to the pmvisions of this Section 2 below, tin: initial Adi/mutt: will bcnrjntcncst at
`2.1,]
`9 . 715 0%
`. Tile Cnnstmctinn .Atlvnnnn, it‘nny, will bonr interest at the .umml rule specific-fl in Schedule A.
`
`interest for cool; full coluntlnr month during tho term ut‘tltis Note. will be calmitntctl 0n the
`35!}.an Year.
`2.1.2
`basis 01'“ three hundrcd sixty (360] £th your consisting ol‘twclvo (ill) months ol'lhim' (30) days each. Notwithstanding ll'u: foregoing,
`
`.
`'
`
`I
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P I
`NYSCI
`3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`
`IFILED: SUFFOLK COUNTY CLERK (la/131201“? 05:23 PM]
`NYSCIEF DOC. NO.
`2
`
`INDEX N0.
`RECEIVED NYSCHEIF:
`
`
`
`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
`
`
` 3F: 10/20/2017
`
`
`RnCnIVnD \lYSCI
`RECEIVED NYSCEF: 10/20/2017
`604658/2017
`
`the amount of interest due in the full or partial calendar month at the beginning of the term ofthls Note will be calculated on the basis
`of the tretunl number oi'duys during which the principal bnlnncc of this Note is outstanding. Borrower acknowledges and agrees thm
`the calculation of interest on the basis described in the preceding sentences may result
`in the accrual and payment of interest in
`amounts greater than those which would be payable if interest were calculated 'on the basis of a three hundred sixty-five (365) day
`year.
`
`‘Defnnlt Rate oflriterest. Front and alter the earlier of either (a) the occurrence of an Event of Default; or
`21.3
`(b) the maturity of this Note (whether the stated Maturity Date of this Note or the maturity date resulting from Lender's acceleration of
`unpaid principal and interest) subject to the provisions of Section 2.2.9 Uelow, additional interest on the unpaid principal balance of
`this Note (under both the initial Advance and the Construction Advance) shall immediately accrue nt a rate equal to ten percent
`(10%) per annum. Such interest shall be in addition to the interest specified in Sections 2.1.1 and 2.1.2 above,
`
`Liam Frame-Lion. Nominhstnnding anything contained in this Note to the contrary, if collection from
`2.1.4
`Borrower of interest at the foregoing interest rate would he contrary to applicable laws, that) the interest-rate in effect on anytday
`shall be the highest
`interest rate which may be colliected fiom Borroivcr under npplicahle laws °“. such day.
`11’, under any
`circumstances, Lender shnll ever.reccive as interest an amount that exceeds :the highest lawful rate,
`the amount that would be
`excessive interest shall be applied to reduce the unpaid principal balance under this Note ‘nnd notto pay interest, or. if such excess-lye
`interest exceeds the unpaid principal balance uri‘der this Note, such cx‘dass shall be refunded to'Bor-rower.
`
`interest on thelnitinl Advance shall commence on the [lute Lem: proceeds are
`jn__tcrcst Ceuinlegggggm.
`2.1.5
`‘iniliiilly' dofioiilb’d into an routine in?- h'nv'h'eité'l'tl- offllbnfitfii‘: and fighi‘dless of mediate 'thrlyfntit'r slubfltfitttmtly dl'shtn'céd‘
`'vtltiirefrhi‘njvjil‘dyldhtl that Iho periodic: nliroli'rintores‘t neeitr‘esi‘pder to volunteer funds nonr't-Jsamwi‘trsesmmmeuu nn‘é‘ffilyfrl'ey'.
`interest on any Construction Advance shell nominee-ca: en the date the fluids are set aside for, the benefit of Borrower notwilttsliintling
`the dutc released to, or fer, Borrower.
`
`2.2
`
`L’éxflflt‘llfia-
`
`.
`
`P51191119game-engage; Unless sooner acceleratedhpayrnents :due under the Note until the Maturity Date
`2.2.]
`shall be made" on the first (151] calendar day of mch'month [each a “‘l’uymént Date") commencing on.
`D 1 — 0 1 ~ 2_D_ J. {i
`a:
`
`23:2 Mghuity Dino. Unless sirche'r echelon-inert, this entire interim-principal balancenf this Note plus all‘accrued
`and unpaid interest thereon plus all other obligations owed under this Note shall be due and payable. on the Maturity Date.
`
`hitcLesLEflan‘g. From the Disbursement Dale of the Initial Advance and any Construction Advance.
`2.23
`payments shall he made on each Payment Date of all accrued interest due and owing as ur‘sneh Payment Date, which is currmtly
`calculated tube-in the sum 01's. 115F195 - 53
`..hased on the..maximum aggregate amount of the- lm'linl Advance and any
`Construction Advance.
`if. Borrower prepays pm of the outstanding, principal bitiunut‘. ur this-Note, it‘- thr. outstanding principal balance
`cflhis~Note is reduced by application of any ConstmctionxAd‘vauee mn'plus {as provided in Schedule A of this Note, il'epplienhle) or
`for any other reason, or if Borrower elects to opt-out of payment by Automatic. Clearing House (ACl-l) as contemplated by this
`Agreement, Borrower's periodic interest Payments shall be Changed accordingly.
`
`.nanann Payment.” BORRQWER notoyotvmnorgs 4ND AGREES THAT (1) THE LOAN
`2.2.4
`EVIDENCE!) nv 'r‘rns No'rr. rs. nor Ah" AMpnflzrrro LQAN; Min (2) run trunks; PRINCIPAL BALANCE OF
`nusNOTESHALLBEDUEANDPAYABLEONTHEMATURHWDATEOFTnmNOTn
`
`,Erepiiymé-nt, Borro'wor may prepay at any time all or pnrt oi'thc outstanding principal balance of this 'Note
`2.2.5
`without a prepayment fee. lFthe loan mils'icr principnl‘puymonts in installments, nll prepayments nt‘principal shall he applied on the
`most remote principal installment or installments then unpoid.
`
`Eggmntfippfigflidn. All payments under this Note shall be credited first to charges, fees, costs, and
`2.2.6
`'
`cXpenses payable by Borrower under' this Note or in connection with the obligations evidenced by this Note, second to accrued interest
`then due, lhcrcnficr to unpaid principal.
`If any payment of interest
`is not made when due, at the option of Lender, such interest
`payment sltull brrm’ interest at the same me as principal from and firm the due date or’ the interest payment.
`illrc receipt ol‘nny- check
`or other item 'of payment (a “Pityment lit-in") by Lender, at its option, shall not be considered it payment until such Payment Item is
`honored when presented for puymcrrt at the tlruwce' bruit: or institution, and Lender, at its option, may delay the credit of such payment
`until such Payment Item is so honored. Upon the occurrence of tiny Event of Default, the Lender, ut its option, shall have the right to
`
`03/13/20 7
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 PM
`
`NYSCEF DOC. NO. 22
`NYSCEF DOC. NO. 22
`
`(FILED: SUFFELK COUNTY CLERK 0321322017 05:23 pm}
`NYSCEF DOC. NO.
`2
`
`INDEX NO. 604658/2017
`INDEX NO- 604658/2017
`
`
`
`
`
`RnCnIVnD uYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`INDEX NO- 604658/2051?7
`RECEIVED NYS 53317: 03/13/20‘r'7
`
`—
`apply all payments made under this Note to principal, interest. and other charges, fees, costs and expenses payable by Borrower under
`this Note or in cormection with the Loan in such order and amounts as" the Lender may determine in its sole and absolute discretion.
`
`ln_iti_aLl.unn Fug. Concurrently with or prior to the execution of this Note, Borrower shall pay to the Lender
`2.2.7
`an originntion fee (“Loan Fee"), as set forth in a final settlement statement or closing diselosure‘ delivered to Borrower. The entire
`Loan Fee shall be deemed to be fully carriedby the Lender as of the first Disbursement Date. and no part of the Loan Fee shall be
`refundable to Borrower, whether or not the principal balance of the Loan is prepaid prior to the Maturily Date subject to the provisions
`ot‘Bxhibit B (if applicable), attached hereto and incorporated herein.
`
`LtggChnrge. Borrower shall immediately pay a late charge equal to the greater of: ’(i) Thirty-fin Dollars
`2.2.8
`($35.00) or (ii) ten percent (10%) of such installment ot'interest and/or principal to Lender to compensate Lender for administrative
`costs and expenses incurred in connection with such late payment if any installment of interest and/or principal under thisNote is not
`paid within ten (1(1) days afier the, date on which it is due. Borrower agrees that the neural damages suffered by Lendcrbecause of any
`late installment! payment tire extremely difficult and i’mprdClimihla to ascertain, and the late charge described in this Section represents
`a reasonable attempt to for such damages under the circumstances existing at the time this Note is executed. Lender's acceptance. of
`any late charge shall not constitute a waiver 01 any of the terms ofthis Note and shnanpt affect~Lender‘s right to enforce any ofll's
`rights and remedies against‘any Person liable for payment of this Note.
`
`.Fxtcnsmgej. lfBonowi-r should not pay all obligations, outstanding on this Note upon the scheduled
`2.2.9
`Maturity Date, Borrower'herehy authorizes Lender, at its sole discretion, to grant. one (1) extension of the term of this Note beyond
`such scheduled Maturity Date: up to two (2) months, for loans with an:original six-(6) month temr, 'or up to three (3) months, for loans
`with an original twelve (12) month témr, us the case may be.
`
`If‘such extension is granted, (i) interest will continue to accrue ns Specified in this Note; (ii) the
`(a)
`payments specified in this Note shall be due and owing; {iii} Borrower ‘shall continue to make the payments ol'lutcrest [mid Principal
`if applicable) on the Periodic Pnyment Date as provided herein until the extended Maturity Date; mil (iv) die term "ltrlaturity Date” in
`this Agreement will be deemed to mean the originally scheduled Maturity Date, plusstwo or three months, depending on the length of
`the extension granted pursuant to this section.
`~
`
`As consideration for extending the rnirturity; Borrower, hereby authorizes a ‘chargc‘equal to :One
`(b)
`percent (1.00%) of the current principal loan balance: Such payment shall‘be due and owing at the time ofthe extension.
`
`To effect any extension under this section", Lender need only send written notice to Borrower after
`(c)
`the origimil Maturity Date‘indicating Lender’s election to grant a one-time extension and identifying the dew Maturity Dhte.
`
`hlethug_o_t;_tt_uyrnept and Servicing or halo; Borrower will make all payments under this Note in
`2.2.10
`accordance with the Automatic Payment Rider to this Note.
`
`3.
`
`.Dul'ault and Remedies,
`
`ggpls of noggin. Lender, at its option, may declare Borrower to be in default under this Agreement and the other
`3.]
`Loan Documents upon the occurrence of any or all of the following events (the declaration of such a default by. the Lender shall
`constitute an "Event ofDefault”):
`
`Fitment or Perfomrancg. Borrower fails to pay any payment or perform any obligation due under this
`3.1.1
`Non: within ten [10) days of the date due, or to pay the entirety of the amount due hereunder within ten (10) days of the
`Maturity Date£whc1hcr the due date of any such payment is the date expressly set forth herein or is determined by extension,
`acculturation. or otherwise).
`
`3.1.2
`
`Event ofl)t:l'mrlt, Any Event of Default as defined in the Loan Documents, including any Guaranty,_.
`
`Breach offlggrggierygtions or meny. Borrower's breach of the representations and Warranties in this
`3.1.3
`Note and the other Loan Documents.
`
`
`
`
`l
`
`

`

`FILED: SUFFOLK COUNTY CLERK 10/20/2017 03:42 PM
`FILED: SUFFOLK COUNTY CLERK 10m2017 03:42 P l
`NYSCI
`3F DOC. NO. 22
`NYSCEF DOC. NO. 22
`FILED:
`
`SUFFOLK COUNTY CLERK a3 13 72017 05:23 Pia]
`NYSCIEF DOC. NO.
`2
`
`604658/2017
`INDEX NO. 604658/2017
`INDEX NO'
`
`
`
`
`
`RnCnIVnD VYSCEF: 10/20/2017
`RECEIVED NYSCEF: 10/20/2017
`
`
`INDEX NO- 604658/2017
`RECEIVED NYSCEF: 03/l3/20l'7
`
`item-aka. Upon the Lender's election to declare Borrower to be in default under the Loan Documents pursuant to
`3.2
`Section 3.1 above, Borrower :rhall be deemed to he in default under the Note, and the Lender shall have the right to do any or all of the
`following without n

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