Building Loan Contract {8032}

<document>Form 8032 (3/00) Building Loan Contract CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.THIS AGREEMENT, made theday of,andBETWEENhereinafter referred to as the borrower, andCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)hereinafter referred to as the lender, WHEREAS, the borrower has applied to the lender for a loan of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Dollars, to be advanced as hereinafter provided and to be evidenced by the bond or note of the borrower for the payment of said sum, or so much thereof as shall at any time be advanced thereon, onTHE PEOPLE OF THE STATE OF NEW YORK TOwith interest upon each amount so advanced from the date of such advance at the rate ofper cent per annum to be paid on theday of,GREETINGS:andthereafter; said bond or note to be secured by amortgageWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorableonthe,premises described as follows:located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in theYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .TOGETHER with the right, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to our used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto;THE PEOPLE OF THE STATE OF NEW YORK TOGREETINGS:WHEREAS, the lender agrees to make said loan upon the terms, covenants and conditions hereinafter set forth, and the borrower agrees to take said loan and expressly covenants to comply with and perform all of the terms, covenants and conditions of this agreement.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofNOW, THEREFORE, it is agreed between the parties as follows:o'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room1. The borrower expressly covenants to make on said premises the improvement described below in accordance with the plans and specifications therefor which, before the making of the first advance hereunder, the borrower agrees to file with all governmental authorities having jurisdiction and to obtain all necessary approvals of said plans and specifications and all necessary building permits from said authorities. The said plans and specifications shall first be submitted to and approved by the lender in writing; and not changes or amendments thereto shall be made without first obtaining the written approval of the lender. The said improvement to be made shall be as follows:Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.com2.With the approval of the lender, the loan may be evidenced by more than one bond or note aggregating the amount of said loan and be secured by more than one mortgage each covering a portion of the said premises; in that case reference herein made to the bond, note or mortgage shall be deemed to include all of the said bonds, notes or mortgages.3.With the approval of the lender, the bond or note and mortgage may, for the convenience of the borrower, be written for a sum larger than the amount of the loan above specified, but in no case will the lender to obligated to advance more than the amount of the loan so specified.4. The said bond or note and mortgage shall be upon the standard forms of NEW YORK BOARD OF TITLE UNDERWRITERS or, at the option of the lender, upon such other forms and containing such clauses as the lender shall determine are needed for the lender's protection, and the mortgage shall be executed and acknowledged by all parties necessary to make it, as determined by the lender's attorney, a valid lien on a good and marketable title in fee to said premises and on the said fixtures and personal property to be covered thereby for all sums that may be advanced, free and clear of all liens, encumbrances and defects, except those, if any, to which the lender has expressly agreed herein to take subject or which the l