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HomeMy WebLinkAboutL 12910 P 811 l l l l l l l l l l l l l f l l l l l f l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l I l l l l l l l l l l l l l l l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ASSIGNMENT OF LEASES / RENTS Recorded: 05/01/2017 Number of Pages : 6 At: 01 :59: 56 PM Receipt Number : 17-0073298 MORTGAGE NUMBER: DIO04190 LIBER: D00012910 PAGE : 811 District: Section: Block: Lot: 1001 005 . 00 04 . 00 034 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO Affidavit $5 . 00 NO TP-584 $0 . 00 NO Notation $0 .50 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Fees Paid $275 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages RECORDED �€]1'r t9ay 01 01:59:56 FP1 JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTS' record. Please remove all L D00012910 P :311 Social Security Numbers D1004190 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 PEES �O Mortgage Amt. Page/Filing Fee 1. Basic Tax Handling 00 2, Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town 'Dual County — R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit j _. � � N����`°��S' The property covered by this mortgage is Certified Copy OO or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other /Grand Total If NO,see appropriate tax clause on C_ page# of this instrument. 4 1 DisV 3373417 1001 00500 0400 034000 X00 5 Community Preservation Fund TReal ax Servpce y R CConsideration Amount$ WH A Agency 12-APR-17 CPF Tax Due $ Verification Improved G Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land N l ck oja s V. CLmp<��o nc:) TD TD POJ-JL �� �.l a� TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Comm Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffoikcourityny.gov/clerk Title# S Suffolk County Recording & Endorsement Page This page forms part of the attached 1 QF)O- L09JI�-!) 4- am de by: J II (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. � C Tg In the TOWN of [`�r�LOI 1 I/I✓" ,`n��ln(' p� J W—C" In the VILLAGE of-5 or HAMLET of _ _ BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT, made the 24's day of June, 2016 By 119 MAIN, LLC,with offices at 119 Main Street,Greenport,New York, Owner, to TEACHERS FEDERAL CREDIT UNION, a corporation or association which exists under the laws of the United States of America, having an office at 102 Motor Parkway, Hauppauge,New York, 11788, Mortgagee WITNESSETH, that whereas the Owner has title to the premises, AS DESCRIBED ON SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF; and the Mortgagee now holds a mortgage thereon made by Owner to Mortgagee dated the date hereof in the principal amount of$300,000.00 Nich mortgage is intended to be recorded immediately prior hereto,and in order to better secure the payment of the said mortgage and the performance of all of the terms,covenants and conditions of the said mort age and of the note or other obligation which it secures; �j—� �� ISI RD A/lo NOW,THEREFORE,THIS ASSIGNMENT WITNESSETH, as follows: U bjy) r �� � 1. That the Owner does hereby transfer and assign unto the said Mortgagee and its assigns forever, all of the rents,revenue, issues and profits now due and hereafter to become due from the mortgaged premises above described, and also all leases,sub-leases and rental agreements now or hereafter affecting the said premises together with any and all renewals, extensions,replacements or amendments thereto. 2.The Mortgagee is hereby given and granted full power and authority,as principal: a)To enter upon and take possession of said premises;to demand,collect and receive from the tenant or tenants now or hereafter in possession of the said premises,or any part thereof,or from other persons liable therefor,all of the rents and revenues from such tenant or tenants or other persons, which may now be due and unpaid and which may hereafter become due;to institute and carry on all legal proceedings necessary for the protection of the above described premises, including such proceedings as may be necessary to recover the possession of the whole or of any part of said premises;to institute and prosecute any and all suits for the collection of rents and all other revenues from said premises which may now be due and unpaid and which may hereafter become due;to institute and prosecute summary proceedings for the removal of any tenant or tenants or other persons from said premises;and to pay the cost and expenses of all such suits and proceedings out of the rents and other revenues received; b)To maintain said premises and keep the same in repair;to pay,out of the rents and other revenues received, the costs thereof and of services of all employees, including their equipment, and of all expenses of maintaining and keeping said premises in repair and in proper condition, also all interest on the principal sum of the note and mortgage above mentioned,now due and unpaid or hereafter to become due,and all of the principal sum of said note and mortgage now due and unpaid or hereafter to become due,and also all taxes,assessments and water rates now due and unpaid or which may hereafter become due and a charge or lien upon said premises,and to pay interest and principal now due and unpaid or hereafter becoming due on other mortgages affecting the same premises; c)To execute and comply with all the laws of the State of New York,and also all laws,rules,orders,ordinances and requirements of any and all Governmental Agencies affecting said premises and to pay the costs thereof out of the rents and other revenues received; d)To rent or lease the whole or any part of said premises for such term or terms and on such conditions as to the said Mortgagee may seem proper; e) To employ an agent or agents to rent and manage said property and to collect the said rents and other revenues thereof, and to pay the reasonable value of its or their services out of the rents and revenues received; =1— f)To act exclusively and solely in the place and stead of the Owner,and to have all of the powers as Owner,as possessed by the said Owner, for the purposes aforesaid. 3. The Owner hereby authorizes and empowers the Mortgagee to effect general liability insurance, boiler insurance,plate glass insurance,rent insurance,workers'compensation law insurance,fire insurance and generally such other insurance as is customarily effected by an owner of real property of a style and kind of the premises above described,or as the Mortgagee may deem advisable or necessary to effect,and to pay the premiums and charges therefor out of the said rents and other revenues received. 4. The Mortgagee, in its sole discretion, shall, from time to time, determine to which one or more of the purposes aforesaid the said rents and revenues shall be applied and the amount to be applied thereto. 5.Nothing contained in this instrument shall prejudice or be construed to prejudice the right of the Mortgagee to commence and prosecute,or to prevent the Mortgagee from commencing and prosecuting any action which it may deem advisable,or which it may be entitled to commence and prosecute for the foreclosure of the above mentioned note and mortgage,or to prejudice any other rights of the Mortgagee;nor shall this instrument be construed to waive any defaults now existing or which may occur under said note and mortgage; nor shall this instrument be construed as granting a forbearance or extension of time of payment. 5.This assignment of leases and rents shall be held by the Mortgagee as additional and further security for the payment of the principal amount of the aforesaid mortgage and for the performance of all the terms, covenants and conditions of said note and mortgage, it being understood however,that the Mortgagee shall not apply or enforce this assignment so long as the Mortgagor or other Owner of the property shall fully and promptly pay the items required to be paid by said note and mortgage and provided further that the Mortgagor or other Owner of the property shall fully and faithfully perform all the terms, covenants and conditions of the said note and mortgage and the leases assigned hereunder; and it being further understood that immediately upon default by the Mortgagor or other Owner of the property in the performance of any of the terms,covenants and conditions of said note and mortgage or immediately upon the failure of the mortgagor or other Owner of the property to make any of the payments required to be made by said note and mortgage,or failure to perform its obligation under leases assigned hereunder and upon the occurrence of any default whatsoever,the Mortgagee may immediately apply and enforce this assignment and exercise the rights and remedies thereunder, without previous or prior notice to the mortgagor or other Owner of the property; and thereupon this assignment shall be and continue in full force and effect. Any failure or omission to enforce this assignment for any period of time shall not impair the force and effect thereof or prejudice the rights of the Mortgagee, nor shall the Mortgagee be required under this agreement to exercise or enforce any of the rights herein granted to it,all the matters herein contained being strictly discretionary with the said Mortgagee. 7. In pursuance of the provisions of Real Property Law§291-f,the owner for itself,its successors and assigns, covenants and agrees that it a)will not orally or in writing cancel,modify,surrender or renew any of such leases or diminish the obligations of the lessees thereunder or release any one or more tenants from their respective obligations under such leases without previous written consent of the Mortgagee; b)will not institute any proceedings for the dispossess or eviction of the tenant or tenants under any such leases without notifying the Mortgagee thereof; c)will not assign or pledge said rents or collect from any of the tenants or lessees any rent or rentals for a period of more than one month in advance of the due date thereof without written consent of the Mortgagee; d)will observe and perform all of the obligations imposed upon the landlord in any such leases and will not do or permit to be done anything to impair the security thereof; e)will give to the Mortgagee written notice of any sublease or assignment of any such leases given by the tenant. Any violation of these covenants shall constitute a default under the mortgage,and in such event,the whole amount of the —2— principal then remaining unpaid shall immediately become due and payable. These covenants shall continue in full force and effect until the mortgage debt is paid in full. S. The Mortgagee shall not be obligated to perform or discharge,nor does it hereby undertake to perform or discharge any obligation,duty or liability under said leases, or under or by reason of Mortgagee exercising its rights .under this agreement,and Owner shall and does hereby agree to indemnify and to hold the Mortgagee harmless of and from any and all liability, loss or damage which it may or might incur under said leases or under or by reason of this assignment and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertaking on its part to perform or discharge any of the terms,covenants or agreements contained in said leases or by virtue of its operation,maintenance,control or use of the premises;should the Mortgagee incur any such liability, loss or damage under said leases, under or by reason of this assignment, or the operation, maintenance,use or control of premises,or in the defense of any such claims or demands,the amount thereof,including costs, expenses and reasonable attorney's fees, shall be secured hereby, and Owner shall reimburse the Mortgagee therefor immediately upon demand,and upon the failure of Owner to do so the Mortgagee may declare all sums secured hereby immediately due and payable and/or reimburse itself out of rents collected from tenants. 9. Mortgagee shall not be liable for any act omitted or taken by it under this Assignment, except for gross negligence or bad faith. 10.No security deposits under said lease have been assigned or intended to be assigned. IN WITNESS WHEREOF,the above instrument has been duly executed by the Owner and,if a corporation,its seal thereunto duly affixed. 119 MAIN, LLC By: Name: Mar aina Title: Me er By: Name:-ITAtael 21Kaina Title: Mem STATE OF NEW YORK) COUNTY OF SUFFOLK)ss..- On s.:On the 24th day of June, 2016, before me the undersigned,personally appeared MARC LaMAINA and MICHAEL LaMAINA,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed same in their capacity and that by their signatures on the instrument,the individuals,or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public DEBRA NEWTON Notary Public, State of New York No.01 NE6061482 ouaiified in Sutfolk County Commission Expires July i6,20 —3— TO THE TENANTS ON THE PREMISES DESCRIBED HEREIN: An assignment of leases and rents covering premises occupied by you has been delivered to TEACHERS FEDERAL CREDIT UNION,and you are hereby directed pursuant thereto to pay all rents,past due,due and to become due,to the said Lender 119 MAIN,LLC By: NamV- Marc L aina Title: M ber By: Name: Mic L na Title: Mem er ASSIGNMENT OF LEASES AND RENTS 119 MAIN,LLC TO TEACHERS FEDERAL CREDIT UNION DISTRICT: 1001 SECTION: 005.00 BLOCK: 04.00 LOT: 034.000 COUNTY Suffolk RECORD AND RETURN TO: NICHOLAS V.CAMPASANO 2000 DEER PARK AVE DEER PARK NY 11729 1AC0MMERCIALCL0SLENDER\TFCU\1 19MAINLLC\Assign Leases and Rents 060316 —4— SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Westerly side of Main Street, distant 120.00 feet Southeasterly from the corner formed by the intersection of the Southerly side of Front Street (NYS Rte. 25) with the Westerly side of Main Street; RUNNING THENCE South 18 degrees 07 minutes 40 seconds East, 42.00 feet to land now or formerly of the Village of Greenport; RUNNING THENCE along said last mentioned land, South 73 degrees 27 minutes 30 seconds West, 50.00 feet to land now or formerly of William Claudio, Inc.; RUNNING THENCE along said last mentioned land, the following two (2) courses and distances: 1) North 18 degrees 07 minutes 40 seconds West, 42.00 feet; 2) North 73 degrees 27 minutes 30 seconds East, 50.00 feet to the Westerly side of Main Street, at the point or place of BEGINNING. RECORDED COLLATERAL ASSIGNMENT OF LEASES AND RENTS 2017 Hay 01 01.59:56 PM SECTION 255 AFFIDAVIT JUDITH a.• PASCALE CLERK OF STATE OF NEW YORK) SUFFOLK COUNTY COUNTY OF SUFFOLK) ss. L D00012910 P 811 D 1 CCS#190 MARC LaMAINA and MICHAEL LaMAINA, each being duly sworn deposes and says: 1. They are the sole Members of 119 MAIN,LLC(the"Borrower")who is entering into a mortgage loan transaction with Teachers Federal Credit Union(the"Mortgagee")pertaining to premises known as 119 Main Street,Greenport,New York(SCTM#District 1001,Section 005.00, Block 04.00,Lot 034.000). 2.The Borrower has applied to Mortgagee for a loan in the total principal amount of Three Hundred Thousand and 001100 ($300,000.00)Dollars. 3. Said loan will be evidenced by a certain Note from Mortgagor to Mortgagee dated June 24, 2016, and will be secured by a Mortgage and Security Agreement made by 119 MAIN, LLC, Mortgagor, to Mortgagee covering the mortgage property, dated June 24, 2016 (the "Mortgage"), which is intendggd to be recorded in the County Clerk's Office for the County of Suffolk prior to the recording-f this Agreement. kc f 4. In connection with the foregoing Mortgage and Security Agreement there is herewith offered and presented to the Clerk of the County of Suffolk a Collateral Assignment of Leases and Rents between said Mortgagor and Mortgagee dated June 24,2016,by which Mortgagee is assigned certain rights in rents and other moneys relating to the occupancy of the premises encumbered by the aforesaid Mortgage and as security collateral to such mortgage. 5. Such Collateral Assignment of Leases and Rents neither creates nor secures any original, new or further principal indebtedness or obligation in addition to or not already secured by or which under any contingency may be secured by or which under any contingency may be secured by the aforesaid Mortgage. This affidavit is submitted to the Clerk of Suffolk.County in support of the exemption of the foregoing Collateral Assignment of Leases and Rents from the imposition or payment of mortgage tax under Article 11 of the Tax Law pursuant to provisions of Section 55 of the Tax Law of the State of New York. MARC La AINA MICHA L INA Sworn to before me this 24'h day of June, 2016, Notary Public DEBRA NEWTON Notary Public, State of Now York i:ICOMMERCIALC&Ig1 fMfW #449[NLLC\Co�tera]Assignment of Leases 255 052616 Qualified in Suffolk Coup I Commission Expires Jury 16,20