Exhibit A: Note, January 24, 2018 (Case 5:24-cr-00292-PCP, Document 44-1)
Summary
This is Exhibit A, a fixed rate note dated January 24, 2018, with Bank of America, N.A. as the Lender. In it the borrower promises to pay U.S. $1,000,000.00 in principal plus interest, with monthly payments beginning March 1, 2018. The note states that amounts still owed on February 1, 2048, are due in full on that date, called the Maturity Date. The property described is in Los Gatos, California. The borrower signature line names Sandra Will, and the note's second page describes the Security Instrument and a due-on-transfer clause allowing the Lender to require immediate payment in full.
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Cite this document
“Exhibit A: Note, January 24, 2018 (Case 5:24-cr-00292-PCP, Document 44-1).”
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Case 5:24-cr-00292-PCP Document 44-1 Filed 04/09/25 Page 1 of 4
EXHIBIT A
Case 5:24-cr-00292-PCP Document 44-1 Filed 04/09/25 Page 2 of 4
Prepared by: Angela James LOAN#: 278796661
NOTE
January 24, 2018 San Jose, California
[Date] [City] [State]
306 Los Gatos Almaden Rd, Los Gatos, CA 95032-4006
[Property Address]
I. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $1,000,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N .A .. I will make all
payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 3. 750%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on March 1, 2018.1 will
make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to interest before Principal. If, on February 1, 2048, I still owe amounts under this Note, I will pay
those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at P.O. Box 650070, Dallas, TX 75265-0070 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $4,631.16.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
Prepayment to reduce the Principal amount of the Note. lfl make a partial Prepayment, there will be no changes in
the due date or in the amount ofmy monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direc/
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
l\1ULTISTATE FIXED RATE NOTE --Single Family-- J<annie Mae/Freddie Mac UNIFORM INSTRUMENT
form 3200 1/01 ~mge I of 3 pages)
CONVENTIONAL FIXED RATE NOTE (FXDNOTE. US)
S.46(07/16) Page I of 3 BANK OF AMERICA, N.A.
1111111111111111111111111111~rn111111~11m 1111111~ 11~111111111111111111111111111111111111
"2787966613612272000"
US-0014086
US-0014086
Case 5:24-cr-00292-PCP Document 44-1 Filed 04/09/25 Page 3 of 4
Doc ID#: xxxxxxxxx661
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000% ofmy
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If! do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address. above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIONS 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 made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. ''Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I
do not keep the promises which I 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 amounts I owe under this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
MULTISTATE FIXED RATE NOTE--Single Family-- Fannie Mae/Freddie Mae UNU-ORM INSTRUMENT
Form 3200 1/01 Omge 2 of 3 pages)
CONVENTIONAL FIXED RATE NOTE (FXDNOTE. US)
5.46 (07 /16) Page 2 of 3 BANK OF AMERICA, N.A.
111111111~ 1m11111111111111111111111111111 ~1111m11~ 111111111111111111~ 1111111111111111
·2787966613612272000·
US-0014087
US-0014087
Case 5:24-cr-00292-PCP Document 44-1 Filed 04/09/25 Page 4 of 4
Doc ID#: xxxxxxxxx661
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
- BORROWER - SANDRA WILL
{Sign Original Only]
Mortgage Loan Originator Sheila R Pott
Nationwide Mortgage Licensing System and Registry Identification Number 633097
Mortgage Loan Origination Company BANK OF AMERICA, N.A.
Nationwide Mortgage Licensing System and Registry Identification Number 399B02
MULTISTATE FIXED RATE NOTE--Single Family-• •·annie Mae/Freddie Mae UNIFORM INSTRUMENT
Form 3200 1/01 (page 3 of 3 pages)
CONVENTIONAL FIXED RATE NOTE (FXDNOTE. US)
5.46 {07 /16) Page J of J BANK OF AMERICA, N.A.
11111 Illlllllllll lllll lllll llll l~llllll lllll lllll lllllllll llll lllllllll 11111111111111111!1111111111111
•2187966613612272000·
US-0014088
US-0014088
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