FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`Exhibit
`
`L
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`SUPREME
`COUNTY
`
`OF THE STATE
`COURT
`OF SUFFOLK
`
`OF NEW YORK
`
`M&T BANK,
`
`Plaintiff'
`
`v.
`
`VINCENT
`
`A/K/A
`
`VINCENT
`
`PELLEGRINO
`S.
`NASSAU
`CHRIST1NE
`PELLEGRINO,
`PELLEGRINO,
`EDUCATORS
`FEDERAL
`CLERK
`CREDIT
`UNION,
`& PARKING
`COUNTY
`THE SUFFOLK
`TRAFFIC
`PORT
`FAIRFIELD
`VIOLATIONS
`AGENCY,
`JEFFERSON
`OF THE SUFFOLK
`CLERK
`GARDENS
`COUNTY
`LLC,
`COURT, NEW YORK STATE
`DEPARTMENT
`DISTRICT
`AND FINANCE,
`OF TAXATION
`HUNTINGTON
`BY THE
`UNITED
`OF AMERICA
`STATES
`HOSPITAL,
`OAK NECK LANE
`INTERNAL
`REVENUE
`ASSOCIATION
`and JOHN DOE,
`
`OF
`
`SERVICE,
`
`INC.,
`
`AFFIDAVIT
`OF MOTION
`SUMMARY
`AND ORDER
`REFERENCE
`
`IN SUPPORT
`FOR
`JUDGMENT
`OF
`
`Index
`
`Noa M791U20M
`
`Mongaged
`2
`e
`
`hembes:
`
`,Islip
`
`Town,
`
`NY 11795
`
`0500-479
`
`0 02.00-031.000
`
`.
`
`.
`
`Defendants.
`
`STATE
`COUNTY
`
`OF
`
`OF
`
`New York
`Erie
`
`)
`)ss.:
`
`Dean
`
`R. Setter
`
`, being
`
`duly
`
`sworn
`
`deposes
`
`and
`
`says:
`
`1.
`
`I am a(n)
`
`Banking
`
`Officer
`
`, a representative
`
`of M&T
`
`Bank,
`
`Plaintiff,
`
`in the
`
`above-captioned
`
`mortgage
`
`foreclosure
`
`action.
`
`As
`
`such,
`
`I am fully
`
`familiar
`
`with
`
`case
`
`and
`
`for
`
`this
`
`submit
`
`this
`
`affidavit
`
`in
`
`support
`
`of Plaintiff's
`
`application
`
`summary
`
`judgment
`
`and the
`
`appointment
`
`of a referee
`
`to compute
`
`the
`
`amount
`
`due.
`
`2.
`
`In
`
`the
`
`regular
`
`performance
`
`of my
`
`job
`
`functions,
`
`I am familiar
`
`with
`
`business
`
`records
`
`maintained
`
`by M&T
`
`Bank
`
`and
`
`its
`
`record
`
`keeping
`
`practices
`
`and
`
`procedures
`
`for
`
`the
`
`purpose
`
`of
`
`servicing
`
`mortgage
`
`loans.
`
`These
`
`records
`
`(which
`
`include
`
`data
`
`compilations,
`
`electronically
`
`imaged
`
`documents
`
`and
`
`others)
`
`are made
`
`{6196507: }File Name:
`
`PELLEGRINO,
`
`VINCENT
`
`Index No.:
`
`617911/2016
`
`1
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`at or near
`
`the
`
`time
`
`by,
`
`or
`
`from
`
`information
`
`provided
`
`by,
`
`persons
`
`with
`
`knowledge
`
`of
`
`the
`
`activity
`
`and
`
`transactions
`
`reflected
`
`in
`
`such
`
`records,
`
`and
`
`are
`
`kept
`
`in
`
`the
`
`course
`
`of
`
`business
`
`activity
`
`conducted
`
`regularly
`
`by M&T
`
`Bank.
`
`It
`
`is the
`
`regular
`
`practice
`
`of M&T
`
`Bank's
`
`mortgage
`
`servicing
`
`business
`
`to make
`
`these
`
`records.
`
`I
`
`have
`
`received
`
`training
`
`on,
`
`and
`
`have
`
`knowledge
`
`of
`
`how,
`
`M&T
`
`Bank
`
`drafts,
`
`process.
`
`In connection
`
`generates,
`
`triggers,
`
`sends
`
`and
`
`stores
`
`letters
`
`in the
`
`servicing
`
`with
`
`making
`
`this
`
`affidavit,
`
`I have
`
`acquired
`
`personal
`
`knowledge
`
`of
`
`the matters
`
`stated
`
`herein
`
`by
`
`examining
`
`the
`
`business
`
`records
`
`relating
`
`to
`
`the
`
`subject
`
`mortgage
`
`loan
`
`and
`
`confinn
`
`the
`
`information
`
`to the
`
`best
`
`of my
`
`knowledge,
`
`information
`
`and
`
`belief.
`
`3.
`
`The
`
`above
`
`entitled
`
`action
`
`was
`
`brought
`
`by M&T
`
`Bank,
`
`Plaintiff
`
`against
`
`Vincent
`
`Pellegrino
`
`a/k/a
`
`Vincent
`
`Pellegrino
`
`and
`
`Christine
`
`Pellegrino
`
`for
`
`said
`
`S.
`
`Defendants'
`
`failure
`
`to make
`
`monthly
`
`payments
`
`pursuant
`
`to the Note
`
`and Mortgage
`
`annexed
`
`to the
`
`complaint
`
`and
`
`affirmations
`
`filed
`
`herewith.
`
`4.
`
`The
`
`Plaintiff
`
`in this
`
`action
`
`is the
`
`holder
`
`of
`
`the Note,
`
`as defined
`
`by Article
`
`3 of
`
`the
`
`New York
`
`Uniform
`
`Commercial
`
`Code
`
`and
`
`is the mortgagee
`
`of
`
`record.
`
`the Note
`
`is annexed
`
`hereto
`
`for
`
`the
`
`information
`
`of
`
`the Court
`
`as Exhibit
`
`A copy
`
`of
`
`"A."
`
`5.
`
`The
`
`Defendants,
`
`Vincent
`
`Pellegrino
`
`a/k/a
`
`Vincent
`
`S. Pellegrino
`
`and
`
`Christine
`
`date
`
`the
`
`24*
`
`of
`
`Pellegrino,
`
`made
`
`and
`
`delivered
`
`a mortgage
`
`bearing
`
`day
`
`September,
`
`2009,
`
`to Hudson
`
`City
`
`Savings
`
`Bank
`
`to secure
`
`the
`
`sum of $606,000.00
`
`and
`
`recorded
`
`in the Office
`
`of
`
`the Clerk
`
`of
`
`the County
`
`of Suffolk
`
`on the
`
`18*
`
`day
`
`of
`
`December,
`
`2009
`
`in
`
`Liber
`
`M00021897,
`
`Page
`
`660.
`
`A copy
`
`of
`
`the Mortgage
`
`is
`
`attached
`
`hereto
`
`as Exhibit
`
`"B."
`
`The
`
`Defendants,
`
`Vincent
`
`Pellegrino
`
`a/k/a
`
`Vincent
`
`S. Pellegrino
`
`and
`
`Christine
`
`Pellegrino,
`
`made
`
`and
`
`delivered
`
`a mortgage
`
`(6196507: }File Name:
`
`PELLEGRINO,
`
`VINCENT
`
`Index No.:
`
`617911/2016
`
`2
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`bearing
`
`date
`
`the
`
`19*
`
`day
`
`of October,
`
`2010
`
`in
`
`the
`
`original
`
`principal
`
`amount
`
`$274,000.00,
`
`and
`
`recorded
`
`in the Office
`
`of
`
`the Clerk
`
`of
`
`the County
`
`of Suffolk
`
`of
`
`on
`
`17th
`
`the
`
`day
`
`of November,
`
`2010
`
`in Liber
`
`M00022010
`
`at page
`
`428. A copy
`
`of
`
`the
`
`Mortgage
`
`is attached
`
`hereto
`
`as Exhibit
`
`"C."
`
`The Defendants,
`
`Vincent
`
`Pellegrino
`
`a/lda
`
`Vincent
`
`S. Pellegrino
`
`and
`
`Christine
`
`Pellegrino,
`
`made
`
`and
`
`delivered
`
`a
`
`Consolidation,
`
`Extension
`
`and
`
`Modification
`
`Agreement
`
`dated
`
`the
`
`19*
`
`of
`
`day
`
`October,
`
`176
`
`the
`
`2010
`
`and
`
`recorded
`
`in the Office
`
`of
`
`the Clerk
`
`of
`
`the County
`
`of Suffolk
`
`on
`
`day
`
`of
`
`November,
`
`2010
`
`in
`
`Liber
`
`M00022010
`
`at
`
`page
`
`429.
`
`Said
`
`Agreement
`
`consolidated
`
`Mortgage
`
`in
`
`Liber
`
`M00021897
`
`at page
`
`660
`
`with
`
`the
`
`Mortgage
`
`in Liber
`
`M00022010
`
`at page
`
`428
`
`to form
`
`a single
`
`lien
`
`in the
`
`amount
`
`$880,000.00.
`
`Upon
`
`information
`
`and
`
`belief,
`
`said
`
`defendant
`
`is the
`
`record
`
`owner
`
`the
`
`premises.
`
`A
`
`of
`
`the
`
`of
`
`of
`
`and
`
`mortgaged
`
`copy
`
`Consolidation,
`
`Extension,
`
`Modification
`
`Agreement
`
`is attached
`
`hereto
`
`as Exhibit
`
`a Loan
`
`Modification
`
`Agreement
`
`dated
`
`the
`
`"D."
`
`16*
`
`Said mortgage
`
`was
`
`day
`
`of October,
`
`2014
`
`modified
`
`executed
`
`by
`
`by
`
`Vincent
`
`Pellegrino
`
`a/lda
`
`Vincent
`
`S. Pellegrino.
`
`Said
`
`Modification
`
`Agreement
`
`increases
`
`the
`
`principal
`
`balance
`
`of
`
`the
`
`debt
`
`to
`
`$893,160.10.
`
`The
`
`capitalized
`
`amount
`
`is $13,160.10.
`
`A copy
`
`of
`
`the
`
`Loan
`
`Modification
`
`Agreement
`
`is
`
`attached
`
`hereto
`
`as Exhibit
`
`"E."
`
`M&T
`
`Bank
`
`a/lda
`
`Manufacturers
`
`and
`
`Traders
`
`FSB
`
`Trust
`
`Company
`
`is successor
`
`by merger
`
`to Hudson
`
`City
`
`Savings
`
`Bank,
`
`f/lda
`
`Hudson
`
`City
`
`Savings
`
`Bank.
`
`A copy
`
`of
`
`the merger
`
`documents
`
`are attached
`
`hereto
`
`as Exhibit
`
`"F".
`
`Upon
`
`information
`
`and
`
`belief,
`
`said
`
`Defendants
`
`are
`
`the
`
`record
`
`owners
`
`of
`
`the mortgaged
`
`premises.
`
`6.
`
`Heretofore,
`
`a complaint
`
`was
`
`interposed
`
`on behalf
`
`of
`
`the Plaintiff,
`
`a copy
`
`of which
`
`is
`
`annexed
`
`hereto
`
`for
`
`the
`
`information
`
`of
`
`the
`
`Court
`
`as Exhibit
`
`"G."
`
`Upon
`
`{6196507:.}File
`
`Name:
`
`PELLEGRINO,
`
`VINCENT
`
`Index No.:
`
`617911/2016
`
`3
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`information
`
`and
`
`belief
`
`all
`
`named
`
`defendants
`
`were
`
`duly
`
`served
`
`with
`
`a copy
`
`of
`
`the
`
`summons
`
`and
`
`complaint.
`
`Copies
`
`of
`
`the Affidavits
`
`of Service
`
`are
`
`attached
`
`hereto
`
`as Exhibit
`
`"H."
`
`7.
`
`The
`
`time
`
`for
`
`said
`
`defendants
`
`to answer
`
`or move
`
`with
`
`respect
`
`to the Complaint
`
`has
`
`expired
`
`and
`
`said
`
`defendants
`
`have
`
`not
`
`answered
`
`or moved
`
`with
`
`respect
`
`thereto
`
`except
`
`the Defendant
`
`Vincent
`
`Pellegrino
`
`a/lda
`
`Vincent
`
`S. Pellegrino
`
`and Christine
`
`the
`
`and
`
`Pellegrino
`
`who
`
`have
`
`appeared
`
`in
`
`action
`
`and
`
`have
`
`answered
`
`Summons
`
`Complaint.
`
`8.
`
`Based
`
`upon
`
`the
`
`information
`
`provided
`
`to me by Plaintiff's
`
`attorney
`
`herein,
`
`it
`
`is
`
`respectfully
`
`submitted
`
`that
`
`the Answer
`
`of
`
`the Defendants
`
`raises
`
`no
`
`issues
`
`of
`
`fact,
`
`and
`
`lacks
`
`any
`
`foundation
`
`whatsoever.
`
`Further,
`
`counsel
`
`advises
`
`me
`
`that
`
`the
`
`affirmative
`
`defenses
`
`set
`
`forth
`
`in
`
`the Answer
`
`are
`
`likewise
`
`devoid
`
`of
`
`any merit.
`
`I
`
`the
`
`contained
`
`within
`
`the
`
`submit
`
`this
`
`affidavit
`
`as
`
`verification
`
`of
`
`allegations
`
`complaint.
`
`9.
`
`There
`
`is
`
`in
`
`fact
`
`a default
`
`under
`
`the
`
`terms
`
`and
`
`conditions
`
`of
`
`the
`
`Note
`
`and
`
`Mortgage,
`
`because
`
`the October
`
`1, 2015
`
`and
`
`subsequent
`
`payment
`
`were
`
`not made.
`
`The
`
`amount
`
`due
`
`and
`
`owing
`
`as of
`
`the
`
`due
`
`date October
`
`1, 2015,
`
`was:
`
`principal
`
`balance
`
`of
`
`$893,160.10;
`
`together
`
`with
`
`interest
`
`thereon;
`
`escrow
`
`advances;
`
`and
`
`disbursements
`
`or
`
`fees
`
`due
`
`or
`
`to become
`
`due.
`
`10. A review
`
`of
`
`the
`
`records
`
`maintained
`
`by Plaintiff
`
`pertaining
`
`to the
`
`above
`
`captioned
`
`action
`
`shows
`
`that
`
`the
`
`90-Day
`
`Pre-Foreclosure
`
`Notice
`
`was mailed
`
`to the
`
`borrowers
`
`by way
`
`of United
`
`States
`
`Postal
`
`Service
`
`Certified
`
`Mail
`
`and United
`
`States
`
`Postal
`
`Service
`
`First
`
`Class
`
`Mail
`
`on May
`
`23,
`
`2016.
`
`The
`
`notice
`
`complied
`
`with
`
`the
`
`provisions
`
`of RPAPL
`
`1304
`
`as
`
`it was
`
`in
`
`14
`
`point
`
`type,
`
`included
`
`the
`
`statutory
`
`{6196507: }File Name:
`
`PELLEGRINO,
`
`V1NCENT
`
`Index No.:
`
`617911/2016
`
`4
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`language
`
`and
`
`contained
`
`a list
`
`of
`
`at
`
`least
`
`five
`
`(5)
`
`housing
`
`counseling
`
`agencies
`
`as
`
`designated
`
`borrowers,
`
`by
`
`by
`
`the
`
`division
`
`of housing
`
`and
`
`counseling.
`
`The
`
`notice
`
`was
`
`sent
`
`to the
`
`registered
`
`or
`
`certified
`
`mail
`
`and
`
`also
`
`by
`
`first
`
`class mail
`
`to
`
`the
`
`last
`
`known
`
`address
`
`of
`
`the
`
`borrowers,
`
`and
`
`if
`
`different,
`
`to
`
`the
`
`residence
`
`that
`
`is
`
`the
`
`subject
`
`Notice
`
`is attached
`
`of
`
`the mortgage.
`
`A Copy
`
`of
`
`the
`
`90-Day
`
`Pre-Foreclosure
`
`hereto
`
`as Exhibit
`
`"I."
`
`11.
`
`The
`
`Plaintiff
`
`has
`
`complied
`
`with
`
`RPAPL
`
`1306
`
`by
`
`filing
`
`with
`
`the Superintendent
`
`of
`
`Financial
`
`Services
`
`within
`
`three
`
`business
`
`days
`
`of
`
`the mailing
`
`of
`
`the
`
`notice
`
`required
`
`by
`
`subdivision
`
`one
`
`of
`
`section
`
`1304
`
`of
`
`the RPAPL,
`
`the
`
`information
`
`required
`
`by
`
`the
`
`statute.
`
`A copy
`
`of
`
`the proof
`
`of
`
`filing
`
`is attached
`
`hereto
`
`as Exhibit
`
`"J."
`
`12.
`
`In accordance
`
`with
`
`the provisions
`
`of
`
`the Mortgage,
`
`a notice
`
`of default
`
`was mailed
`
`to
`
`the mortgagors
`
`at
`
`the
`
`last
`
`loown
`
`address
`
`provided
`
`to
`
`this
`
`institution
`
`by
`
`the
`
`mortgagors.
`
`The
`
`default
`
`stated
`
`in said
`
`notice
`
`was
`
`not
`
`cured.
`
`A copy
`
`of
`
`the
`
`notice
`
`of default
`
`is attached
`
`hereto
`
`as Exhibit
`
`"K."
`
`13.
`
`The
`
`simple,
`
`uncontroverted
`
`fact
`
`is
`
`that
`
`the Defendants
`
`Vincent
`
`Pellegrino
`
`a/k/a
`
`Christine
`
`Pellegrino
`
`were
`
`loaned
`
`and
`
`did
`
`receive
`
`the
`
`Vincent
`
`S. Pellegrino
`
`and
`
`sum recited
`
`in and
`
`confinned
`
`by
`
`the Note
`
`and Mortgage
`
`and
`
`they
`
`have
`
`failed
`
`to
`
`make
`
`the
`
`required
`
`payments
`
`of
`
`the Note
`
`and Mortgage.
`
`14.
`
`Based
`
`upon
`
`the
`
`foreguing,
`
`it
`
`is respectfully
`
`submitted
`
`that
`
`the Plaintiff's
`
`case
`
`for
`
`judgment
`
`and
`
`an
`
`order
`
`of
`
`reference
`
`has
`
`been
`
`fully
`
`and
`
`completely
`
`set
`
`summary
`
`forth.
`
`[THIS
`
`SPACE
`
`INTENTIONALLY
`
`LEFT
`
`BLANK]
`
`{6196507: }File Name:
`
`PELLEGRINO,
`
`V1NCENT
`
`Index No.:
`
`617911/2016
`
`5
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`WHEREFORE,
`
`it
`
`is
`
`respectfully
`
`prayed
`
`that
`
`the
`
`relief
`
`requested
`
`in
`
`this
`
`application
`
`be in all
`
`respects
`
`granted.
`
`M&T Bank
`R. Setter
`Officer
`
`Dean
`
`Banking
`
`Title:
`
`Sworn
`
`to before
`
`me this
`
`Notary
`
`Public
`
`KOEHLER
`BRITTANY
`NOTARY PUBLIC STATE OF NEW YORK
`NIAGARA
`LIC. #01KO6357895
`COMM. EXP. 05/01/2021
`
`{6196507: }File Name:
`
`PELLEGRINO,
`
`VINCENT
`
`Index No.:
`
`617911/2016
`
`6
`
`

`

`INDEX NO. 617911/2016
`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`INDEX NO- 617911/2016
`FILED: SUFFOLK COUNTY CLERK 011-32019 11:00 A
`
`
`
`
`
`
`RECEIVED NYSCEF: 01/15/2019
`NYSCEF DOC. NO. 66
`RfiCfiIVfiD'VYSCEF: 01/15/2019
`NYSCSF-DQCi NO. 66
`.1 u..
`.
`.
`:
`-
`
`
`
`
`A
`EXHIBIT
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`049e 2 of
`78)
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`OnNSOUDAM
`
`Inten
`
`arst"
`
`(One-Year
`
`ADJUSTABLERATE
`Treasury.Inde±,1(ate
`
`E
`
`Caps)
`
`IN MY FIXED
`FOR A CHANGE
`PROVISIONS
`THIS NOTE
`AILOWÍNG
`CONTA.1NS
`IN MY
`RATE AND FOR CHANGES
`RATS TO AN ADJUSTABLE
`INTEREST
`INTEREST
`THE AMOUNT MY ApJUSTABLE
`INTEREST
`THIS NOTE LIMITS
`MONTHLY
`PAYMENT,
`RATE I MUST PAY.
`RAT5 CAN CHANGE
`AT ANY ONE TIME AND THE MAXIMUM
`
`Omober 19th
`
`,._2.0.1q...
`
`R0ÙTINGTON STATION
`[City)
`
`.
`
`N
`(S®1
`
`23 Coling
`
`kane, WEST ISLIP,
`[PropertyAddrbas]
`
`NY
`
`11795
`
`L
`
`, BORROWER'S
`
`PROMISE
`
`TO PAY
`
`.
`
`I promise to pay U.S. $
`In retum for a loan that
`I have received,
`plus interest,
`The Leader
`is EUDSONE
`to the order of Lender.
`"Principal");
`payments under this Note in the form of cash, check or money order-
`
`0 L (this eimount is called
`
`Y SAVINGS
`
`BANK,
`
`I w·ill
`
`inake all
`
`this Note, Lander or anyone who takes this Note by transfer and who is
`I üñ‡arstpad that Londer may transfer
`enthled to receive payments under this Note is called the "Note Holder,"
`
`2.
`
`INTEREST
`
`I will pay interest at
`the full amount of Prinnipal has been paid,
`laterest will be charged on unpaid principal until
`· %. The interest ratel will pay inay phange in accordance with Section 4 of this Note.
`4,625
`a yearly rate of
`
`.
`
`The interest rate required by this Section 2 and section 4 of this Note is the rate I will pay both before and after
`any default described in Seption 7(B) of this Note.
`
`1
`.
`
`. PAYMENTS
`
`.
`Time and Place of Payments
`
`(A)
`
`I will make a payment on the 4.rat day of every month, beginning on
`. Before the
`December L 2010
`First Principal and Interest Payment Due Date as described (a Section 4 of this Note, my payment will consist only of the
`interest due onthe unpaid principal balance of this Note, Thereafter,
`I will pay principal and interest by making a payment
`every month as provided below.
`
`I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment
`Due Date as described in Section 4 of
`I will make these payments every month until 1 have paid all of·the
`this Note,
`principal sud interest and any other charges described below that 1 may owe under this Note, Each monthly payment will
`be applied as of its scheduled due date; and if
`it will be applied to interest
`inchades both principal and interest,
`the payment
`·, I still owe amounts under this Note,
`before Principal
`yeniber 1, 2040
`If, on
`I will pay those amounts
`in full gn that date, whloh is called the "Maturity Date.".
`1 wiU make my monthly payments gt WEST 80 CENTUSY ROAD, PARAMUS
`place ifrequired by the Note Hokier,
`
`NJ 07652 or at a different
`
`(B)
`
`Amount
`
`of My Initial Monthly Payments
`
`3,39147
`My mçnthly payment will. be in the amount of tJ S $
`before the Eirst,Rrh1cipal and Interest
`to repay the prindipal and interest at-the rate detcrmined
`will be'in an amount süftch
`Psyihant Dnipati,
`ãñd théea¾
`as described in Bection 4 éf this Note in substantially equal installments by the Maturity Date. The Note Holder will notify
`me prior to the date of change in monthly payment,
`
`MULTISTATE ImorestPirdADJUSTABLERATENOT&ONLYEAR TREASURYMDEX-Skgle Family-FannieNaeUniformincwment
`-
`ramplee - woons - w/n ma nterest WA adhnape am aw · Po - maxnenwomnesme.er
`
`Form353 I f/01
`(page1 of S)
`
`12
`
`of
`
`118
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`(C)
`
`1onthly Paymen
`
`ages
`
`reflect changes in the unpaid principal of my loan and in tlie interest rate
`Changes in my monthly paytnent will
`I must pay. Tife Note Holder will,determine my new interest rate and the changed amount of my monthly payment in
`that
`a cordance with Scotton 4 or 5 of this Note.
`
`. 4.
`
`ADJUSTABLE
`
`INTEREST
`
`RATE AND MONTHLY
`
`PAYMENT
`
`CEANGES
`
`(A)
`
`Change Dates
`
`rate on the first day of
`change to an adjustable interebt
`rate I wiñ pay will
`fixed interest
`The initial
`rate I will pay may change on that day every 12th month
`, and the adjustable interest
`ovember, 2015
`rate, and each date on whloh
`fixed imerest rate changes to an adjustable kterest
`therestler, The date on which my.in,itial
`rate could change, la called a "Change Date."
`my adjustable 5terest
`
`The Lidex
`(D)
`Beginning with the first Change Date, my adjustable laterest rate will be based on an Index, The "Index"
`is the
`weekly average yield on United States Treasuty securities adjusted to a constant maturity of one year, as made available by
`the date 45 days before eaeb Change Date is
`Index figure available as of
`the Federal Reserve Board, The most recent
`Index."
`called the "Current
`
`the Note Holder wtu choose a new fodex that
`the Index is no longer available,
`lf
`information. The Note Nolder will give me notice of this oboice,
`
`is based opon comparable
`
`(C)·
`
`Calculation
`
`of Changes
`
`the Note Holder will calculate my new interest rate by adding two and three-quarter
`Before each Change Date,
`Index. The Note Holder win then round the result of
`this addition to the
`peroeratage points
`( 2.75% ) to the Current
`tliis rounded
`nearest one-eighth of one percentage point
`(0.225%), Subject to the limits stated in Section 4(D) below,
`amount will be iny new interest rate utitl1 the next Change Date.
`
`that·would be sufficient
`the monthly payment
`then determine the amount of
`The Note Holder will
`to repay the
`I am expected to owe at the Change Date in full on the Maturity Date at my new interest
`rate in
`unpaid prinbipal
`that
`substantially equal payments. The result ofthis calculation will be the now aroount of my monthly payment,
`
`(D)
`
`.
`
`Lituits
`
`on Interest P.ate Changes
`
`% or less than .
`The interest rate I am required to pay at the first Change.Date will not be greater than
`6.625
`% Thereafter, my adjwt.4k
`2.750
`interest rate will never be increased or decreased on any single Change Date by
`tnote than two percentage points from the rate of interest
`I have been paying for the preceding 12 months, My interest rate
`9.625 ‰
`will never be greater than
`
`(B)
`
`Effective Date of Changes
`
`My new interest
`rate will become effbotive on each Change Date. 1 wH1 pay the amount of my new monthly
`payment beginning on the tirst monthly
`the amount of my monthly payrnent
`payment date after the Change Date until
`changes again.
`
`(F)
`
`Notice of Changes
`
`the Note Holder will deliver
`Before the effective date of any change in my interest rate and/or monthly payment,
`to me a notice of such change, The notice will
`include information required by law to be given to me andalso the
`or mail
`title and telephone nurhber of a person who wlll anéwer any question Imay have regardkg the t1otice.
`
`(G)
`
`Date of First Principal
`
`and Interest Paym ent
`
`MULTISTATE imeresfFirstA.DJUSTASLBRATENOTE-0NEYEAR TREASURYINDEX-SinghFamily.PeanieWe Unifénnlanrotnent
`wm91sta- mom . w/n m man
`nm Wumme nate am - em - nandstanoteecta
`
`Form353t n/O
`(pago2 of5)
`
`13
`
`o f
`
`118
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`age 4 ag '78)
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`The date of my first payt
`onsisting of both principal and interest o
`Jnterest Payment Due Date") shall be a first monthly paymerit date ater
`the flrst Chav
`
`Note (the "Pirst Principal and
`Date,
`
`.
`
`.
`
`5,
`
`BORROWER'S
`
`RJGHT TO PREPAY
`
`to make payments of Prindipal at any time before they are due, A payment of Principal
`I have the right
`" When I malqe a Prepayment,
`tjte Note 11older in writing that I am doing so, I
`only is known as a "Prepayment
`tell
`I will
`if I have not made all the monthly payments due under theNote.
`may not designate a payment as a Prepayment
`1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
`the Note Holder may apply
`that I owe under this Note. However,
`use my Prepayments to reduce the amount of Principal
`my Prepaynient to the aeerged and unpaid interest or) the Prepayment amount, before spplying my Prepayment
`to reduce
`there will be no changes in the due date of my motithfy
`If I make a partial Prepayment,
`the Principal amount of the Note.
`the partial Tisppiñññt
`is made during the period
`payment unless the Note Holder agrees itt writing to those changes.
`If
`the amount of the monthly payment will decrease for the remainder of
`when my montMy payments consist only of interest,
`is tnade during the period when my
`the partial Prepayment
`interest.
`If
`the tenn when my paymems consist only of
`payments consist of Pdticipal and. interest, my partial Prepayment may reduce the amount of my monthly payrnents after
`the first Change Date following my partial Prepayment, However, any reduction due to my partial Prepayment may be
`offset by an interest rate Increase.
`
`6,
`
`LOAN CHARGltS
`
`If a law, which applies to this loan and which sets maximum loan charges·/ls finally interpreted so thatthe interest
`or other loan charges collected or to be collected in connection wlth this loan exceed the permltted limits,, then:
`(a) any
`such loan charge shall be reduced by the amount pecessary to reduce the charge to the permitted limit; and (b) any sums
`already collected from me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make
`If a refund redgers
`this reAmd by·redüoing the'Prinotpal
`to me.
`I owe under this Note or by making a direct payment
`the reduction will be treated as a partial Prepsyment,
`Principal,
`
`7.
`
`BORROWER?S PAILURE
`
`TO PAY AS REQUIRED
`
`(A)
`
`Late Charges for Overdue Payments
`
`.
`If the Note Holder has not received the full amount çf any monthly payment by the end of fifteen (15) calendar
`days after the date it is due, I will pay a late charge to the Note Holden The amount of the charge will be five (5%) ofrny
`overdue payment of
`is interest only, and of principal and interest thereater.
`interest, during the period when my payrhent
`will pay this late charge promptly but only once on each late payment.
`
`I
`
`(5)
`
`Det¾ult
`
`If I do not pay the full amount ateach monthly payment ori the date it is due, I will be in default,
`
`(C)
`
`Notice of Default
`
`.
`
`If 1 am in default,
`the Note Holder may send me a written notice telling me that
`I do not pay the overdue
`if
`amount by a certain date, the Note Holder ntay require me to pay immediately
`that has not
`the fall emòunt of Principal
`I owe on that amount. That date must be at least 30 days after the date on which the
`been paid and all the laterest
`that
`nptice· is malled to ine or delivered by other means.
`
`(D)
`
`No Walver By Note Holder
`
`Bven lf, at a time when I am In default,
`the Note Holder does not require me to pay immediately
`descñbed above, the Note Holder will still have the right
`to do so ifI am in default at a later time,
`
`in full as
`
`(E)
`
`Payment of Note E olders Costs sod Expenses
`
`a .
`
`the Note Holder'has required me to pay immediately
`If
`have the
`in fb11 as descrined above, the Note Holder.wlil
`right
`to be paid baok by me for all of
`its costs and expenses in enforcing tlits Note to the extent not prohibited by
`applicaWe law. Those·expenses include3 for example, reasonable attorneys'
`fees
`
`MULT)STATE interestFirstADJUSTABLERATENo'ns-oNE-YEARTREAStlRYINDEUSingle FamhyJannie me Unitbrminstrumm Form3531 n/01
`Amphact * 3000226- W/PADIMAInterest Picn AdjustSMt It4teN©tt - Form= MNIQntPi.TBCARHNotebatter
`(p gC3Of
`
`14
`
`o f
`
`118
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`8,
`
`GIVING OF NOTICES
`
`t nless applicable law requires a different method any notice that must be given to me under this Note wit! be
`tp me at the Property Address above or at a different address ifI
`given by delivering it or by maDing 1t by first class mail
`give the Npte Holder a no4ce of.my different address,
`requires a different method, any notice that must be given to the Note Holder under this
`Unless the Note Holder
`Note will be given by mailing it by first diass mail·to the Note Holder at the address stated in Section 3(A) above or st a
`different address if
`I am given,a not!ee of that different address.
`
`9,
`
`OBIJGATIONS
`
`OF PERSONS UNDER THIS NOTE
`
`If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
`the promise to pay the full amount owed. Any person who_is a guarantor, surety or endorser
`made in this Note, bojuding
`including the obligations of
`of this Note is also obligated to do these things. Any persop who takes over these obligdions,
`is also obligated to keep all of the promises made in this Note, The Note
`a guarantor, surety at endorser of
`tble Note,
`or against all of us together. This means
`enforce its rights under this Note agakst each person individually
`Holdehitay
`that any one of us may be required to pay all of the amounts oy/ed under this Note.
`
`10,
`
`WAIVERS
`
`under this Note waive the rights. of Presentment and Notice of
`I and any other person who has obligations
`"Presentment" means the right
`"Nodce of
`to demand payment of amounta due,
`to require the Note Holder
`Dishonor,
`Dishonor"
`roeans the right to require the Note Holder,to give notice.to other persons that atnounts due beve not been paid.
`
`11.
`
`UNIFORM SECURED NOTE
`
`This Note is a uniform instrument with limited variations in some jurisdictions.
`in addition to the proteodons
`dated
`given to the Note Holder under this Note a Mortgage, Deød of Trust, or Security Dead (the "Security Instrument")
`result if I do not keep the promises that
`the same date as this Note, protects the Note Holder
`from possible losses that might
`1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make
`immediate payment
`in full of all emotats I owe under this Note. Some of those conditions read as follows:.
`
`'
`
`fixed interest rate changes to an adjustable intereat rate onder the terms stated in Section
`Ùntil nty initial
`(A)
`4 above, Unifonn Covenant
`) 8 of the Security J tstrument shall read as follows:
`
`or a Beneficial
`Transfer
`of
`As used in this Section 18,
`the Property
`in BorroWr,
`Interest
`in the Property" means any legal or beneficial
`interestin the Proper.ty, including, but not
`"Interest
`limited
`interests transferred in a bond for de4 contract for deed, imtellment
`to, those beneficial
`sales contract or
`the intent of which is the transfer of title by Borrower at a future date to·a purchaser,
`escrow agreement,
`
`.
`
`in the Property is sold or transferred (or
`If all or any part of
`If
`the Property or any Interest
`is not a natural person and a beneficial
`is sold or transferred) without
`interest
`Borrower
`in Borrower
`Lender's prior written opnsent, Lender may require immediate payment
`in full of all sums secured by this
`this option sha0 not be exercised by Lander if such ekercise is prohibited
`Security Instrument, However,
`by Applicable Law.
`
`of acceleration, The notice
`lf Leader exercises this option, Lender shall give Borrowetnotice
`shall provide a period of not
`less than 30 days from the date the notice is g ven in accordance with
`Section 15 within which Barrower
`inust pay all sums secured by this Security instrument.
`If Borrower
`fails to pay these sums prior to the expiration of this period, Leader may invoke any namedies permitted
`further notice or demand on Borrower,
`by tNs Security Instrument without
`
`ftxed interest rate changes to an adjustable ititerest rate under the terms stated in Section
`When my initial
`(B)
`4 above, Uniform Covenant 18 of the Security 1rstrument desodbed in Scotlon 11(A) above shall then ceaseto be In effect,
`.and Uniform Covenant 18 of the Security 1hstrument shall
`instead road as follows:
`.
`
`"Interest
`
`of the Property
`in Borrower
`e r a Benefielal
`Interest
`As used in this Section 18,
`Transfer
`in the Property" means any legal or beneficial
`interest in the Property,
`iticluding, but not limited
`
`MULTISTATE InterestFirstADJUSTABLERATENOTB-0SYEAR TRBASURYINDEX-SinglePamily.Famie41aeOniformInstrmnent Fonn3531 11/01
`Templar.e• '3000136- NV/sÂ$4% intereat Fimit AdjvéteMg Ratp.Hote • Pots - M91ATotWyotARENoteivect;4T
`(pag#4 of 5)
`
`15
`
`of
`
`118
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`(Page 6 of
`70)
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`to, those beneficial
`3ferred in a bond for deed, contract for deed
`it1teres
`escrew agreement, the intent of which is the transfer of title by Borrower at a -Je
`
`'lment sales contract or
`date to $ purchaser.
`
`in the Property is sold or transferred (or
`If all or any part of the Property or any Interest
`if
`is sold or tansferred) without
`is not a natund person and a beneficial
`interest
`Borrower
`in Barrower
`sums secured by this
`Leader's prior written consent, Lender may require immediate payrnent in full ofall
`this option shall not be exercised by Lender if such exercise la prohibited
`Security Instrument, However,
`(a) Borrower causes to be submitted to
`by Applicable
`Law, Lender also shall not exercise this option ff:
`to evaluate the intended transferee as if a new loan were being
`Lender
`information required by Lender
`made to the transferee; and (b) Leader reasonably determines that Lendef s security will not be impaired
`the risk of a breach of any covenant or agreement
`by the loan assumption and that
`in this Seonrity
`is acceptable to Lender,
`Instrument
`
`Law, Lender may charge a reasonable fee as a condition
`To the extent permltted by Applicable
`Leader also may require the transferee to sign an
`consent
`to the loan assumption.
`to Lender's
`assumption agreement
`is acceptable to Lender and that obligates the transferee to keep all
`the
`that
`promises and agreements made 111theNote and in this Security Instrument Borrower will continue to be
`obligated under the Note and this Security Instrument unless Leader releasesBorrower
`in writing.
`
`in full, Lender shall give Borrower
`fLender exercises the éption to require immediate payment
`notice of acceleration. The notice shall preyide a period of not less than 30 days from the date the notice
`inust pay all sums secured by this
`is given is accordance with Section 15 withic which Borrower
`If Borrower
`Séeurity Instrument,
`fails to pay these sums prior
`this period, Lender
`to the expiration of
`_may invoke any remedies perrnitted by this Security instrumes without
`further notice or demand on
`Borrower,
`
`WITNESS THE HAND(S) AND SEAL(S) OF TES UNDERSIGNED.
`
`vincentF eg
`
`.
`
`.
`
`(Seal)
`-Borrower
`
`(Seal)
`Borrower
`
`(Seal)
`4orrower
`
`-BorrovVer
`
`[8ign Ódginal Only)
`
`MULTl5TATE interestFkstADJUSTAB1,ERATE NOTE-0NB-YEARTREASURYDIDEX.5tag¼Fam{!y-FannieNae Uniformkstniment
`ate * mom * swa ang ac,me me Aduseable ute son - Pen . muantnutamentana
`ee
`
`brm 3331 n/01
`(page5 of5)
`
`16
`
`o f
`
`118
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/15/2019 11:00 AM
`NYSCEF DOC. NO. 66
`49e 7 of
`
`INDEX NO. 617911/2016
`
`RECEIVED NYSCEF: 01/15/2019
`
`GENERICRIDER
`
`TO NOTE
`
`, and is incorporated
`into
`19th
`THIS PJDER is made this
`2010
`october
`, day of
`,
`·Note (the "Note"), Mortgage, Deed of Trust, or
`and shall be deemed to amend and,supplement
`the Promissory
`Me Loan Documents"]
`the same date given by the
`Security Deed (the "Security
`of
`Instrument")
`[collectively
`of the
`SAVINGS
`BANK
`(the "Borrower")
`to secure the Note to HUDSON
`CITY
`(the "Lender")
`undersigned
`in the Security Instrument
`and located at:
`same date and covering
`the property
`described
`
`23 celano
`
`Lane, WEST ISLIf,
`
`NY
`
`11795
`
`IN THE
`AFOREMENTIONED
`
`(Property Address)
`EVENT·
`THIS RIDER
`BETWEEN
`OF AN INCONSISTENCY
`LOAN DOCUMENTS,
`THIS RIDER SHALL CONTROL
`
`PROVISIONS
`THE FOLLOWING
`BY THE LOAN
`DOCUMENTS
`SECURBD
`OR THE .FEDERAL
`CORPORATION
`ENTITV
`PURCHASING
`IN WHICH
`AND VOID.
`
`BE APPLICABLE
`OF THIS RIDER SHALL
`IS SOLD TO THE FEDERAL
`HOME
`ASSOCIATION
`NATIONAL
`MORTGAQE
`TBIS RIDER SHAL1
`TERMINATE
`BVENT
`
`AND
`
`ANY
`
`OF TFIS
`
`THE LOAN
`UNLESS
`MORTOAGE
`LOAN
`OTHER
`OR ANY
`NULL
`AND BBCOME
`
`ADDITIONA.L
`In addition
`COVENANTS,
`and Lender
`and Note, Borrower
`Instrument
`further
`
`.
`
`.
`and agreements made
`to the covenants
`covenant and agree as follows:
`
`in the Security
`.
`
`.
`
`loans approved
`L OWNER OCCUPANCY.(excluding
`Investment
`under
`category)
`the following
`to the contrary
`the Note or Security
`provision
`Instrument
`of
`Any provision
`notwithstanding,
`the property
`shall be applicable.
`the Note and Security Instrument
`the Lender discovers
`that
`If during
`the term of
`rather
`is not being used by the Borrower
`is
`as either a primary
`or secondary
`residence as originally
`stated, but
`as either a rental or investrnent property,
`then
`being use.d by the Borrower
`
`the Note is an Adjustable
`(1) if
`the Lender will have the option of
`Rate Note,
`immediately
`increasing
`the."margin"
`rate by one (I%)
`percentage
`pero.entage point
`mterest
`one (1%)
`point,
`increasing
`the lifetime
`caps ch the Interest
`percentage point: or
`rate·by one (l%)
`increasing
`
`.
`
`if
`(ii)
`interest
`
`the Lender will
`the Note is a Fixed Rate Note,
`rate by one (1%) percentage point: and
`
`have the option
`
`of
`
`immediately
`
`increasing
`
`the
`and
`
`the
`
`to make payments
`the aforesaid
`after
`(iii)failure
`of Covenants
`under
`the Security
`Instrument,
`
`increases shall be a Default
`
`under
`
`the Note and a Breach
`
`RIGHT
`2. BORROWERS
`TO REINSTATE
`Paragraph 19 of
`seeks to reinstate,
`is amended to add that
`Instrument
`the Security
`the Borrower
`in the event
`on the amount
`through
`a bankruptcy
`by curing a default
`shall
`the Lender
`be entitled
`to interest
`proceeding,
`necessary to oure the default at the rate specified
`in the Note securing this Security
`Instrument
`
`3, BORR OWERS.RIGHT
`TO PREPAY
`to the Note or Security
`the following
`provision
`Any provisions
`Instrument
`to the contrary
`notw3thstanding,
`shall be applicable, Any partial prepayment must be received on the instalhnent
`due