dliu1/legal-llama-raw-text huggingface dataset:
States  mail,  or  an  established  commercial  letter delivery service,
indicating cancellation to the Distressed Property Consultant at one  of
Name of Contractor_________________________
Street Address_____________________________
City, State, Zip___________________________
Facsimile:_________________________________
Name of Homeowner:_________________________
Signature of Homeowner:____________________
Date:______________________________________
(iii)  Within  ten  days following receipt of a notice of cancellation
given in accordance  with  this  subdivision,  the  distressed  property
consultant  shall  return  any original contract and any other documents
signed by or provided by the homeowner. Cancellation shall  release  the
homeowner  of  all  obligations  to  pay any fees or compensation to the
distressed property consultant.
3-a.  Distressed  property  consultant  advertisements.      (a)   All
advertisements  disseminated  by  a  distressed property consultant must
prominently include the following statement: In New York State, Housing
Counselors, who are approved by the U.S. Department of Housing  &  Urban
Development  or the New York State Department of Financial Services, may
provide the same or similar services as a distressed property consultant
for free. A list of approved Housing Counselors can be found on the  New
York  State  Department  of  Financial  Services  website  at (enter web
address) or by contacting the New York  State  Department  of  Financial
Services  toll-free at (enter number). You should consider consulting an
attorney or a government-approved housing counselor before  signing  any
legal  document  concerning  a  distressed  property consultant.   Such
statement, if disseminated by print media  or  the  internet,  shall  be
clearly  and  legibly printed or displayed in not less than twelve-point
bold type, or, if the advertisement is printed to be displayed in  print
that is smaller than twelve point, in bold type print that is no smaller
than  the  print  in  which  the text of the advertisement is printed or
displayed.
(b) For the purposes of this  subdivision,  the  term  advertisement
shall   include,  but  is  not  limited  to,  all  forms  of  marketing,
solicitation, or  dissemination  of  information  related,  directly  or
indirectly,  to securing or obtaining a consulting contract or services.
Further, it shall include any and all commonly recognized forms of media
marketing via television, radio, print media, all  forms  of  electronic
communication  via  the  internet,  and all prepared sales presentations
given in person or over the internet to the general public.
(c) The advertising provisions of this subdivision shall apply to  all
distressed  property  consultants  who disseminate advertisements in the
state of New York or who intend to  directly  or  indirectly  contact  a
homeowner  who  has  property  located  in  New  York  state. Distressed
property consultants shall establish and at all times  maintain  control
over the content, form and method of dissemination of all advertisements
of  its  services.  Further,  all  advertisements  shall be sufficiently
complete and clear to avoid the possibility of deception or the  ability
to mislead or deceive.
4.  Penalties  and  other  provisions.  (a)  If  a  court finds that a
distressed property  consultant  has  violated  any  provision  of  this
section,  the  court  may  make  null and void any agreement between the
distressed homeowner and the distressed property consultant.
(b) If the distressed property consultant violates  any  provision  of
this  section and the homeowner suffers damage because of the violation,
the homeowner may recover actual and  consequential  damages  and  costs
from  the  distressed  property  consultant  in  an action based on this
section.    If  the  distressed  property  consultant  intentionally  or
recklessly  violates  any provision of this section, the court may award
the homeowner treble damages, attorneys' fees and costs.
(c) Any provision of a consulting contract that attempts  or  purports
to  limit the liability of the distressed property consultant under this
section shall be null and void. Inclusion of such provision shall at the
option of  the  homeowner  render  the  consulting  contract  void.  Any
provision   in   a  contract  which  attempts  or  purports  to  require
arbitration of any dispute arising under this section shall be  void  at
the  option  of  the  homeowner.  Any  waiver  of the provisions of this
section shall be void and unenforceable as contrary to public policy.
(d) In addition to the other remedies provided, whenever  there  shall
be  a violation of this section, application may be made by the attorney
to  enjoin  and  restrain  the continuance of such violations; and if it
shall appear to the satisfaction  of  the  court  or  justice  that  the
defendant  has,  in  fact,  violated  this section, an injunction may be
issued by such court or justice, enjoining and restraining  any  further
violation,  without  requiring  proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court  may  make
allowances  to  the  attorney  general  as  provided in paragraph six of
subdivision (a) of section  eighty-three  hundred  three  of  the  civil
determine  that  a violation of this section has occurred, the court may
impose a civil penalty of not more than ten thousand  dollars  for  each
violation.  In  connection  with  any  such  proposed  application,  the
(e)  The  provisions  of  this  section  are  not exclusive and are in
5.  The department of financial services shall prescribe the telephone
number and web address to be included in the notice.
§   266.   Rights   of   purchaser   or  incumbrancer  for  valuable
consideration protected. This article does not in any manner  affect  or
impair  the  title  of  a  purchaser  or  incumbrancer  for  a  valuable
consideration, unless it appears that he  had  previous  notice  of  the
fraudulent  intent  of  his immediate grantor, or of the fraud rendering
void the title of such grantor.
* §  266.  Rights  of   purchaser   or   incumbrancer   for   valuable
consideration  protected.  This article does not in any manner affect or
consideration, unless it appears that such purchaser or incumbrancer had
previous  notice,  whether  actual  or  constructive,  of the fraudulent
intent of his immediate grantor, or of  the  fraud  rendering  void  the
title  of  such  grantor. There shall be a rebuttable presumption that a
purchaser or incumbrancer had notice of fraud or  fraudulent  intent  in
the  case  of a transfer of mortgaged real property, between a purchaser
and seller who are not associated parties, that is  not  accompanied  by
the  recording  with the clerk of the county or with the commissioner of
deeds in which the property is located, of a statement, executed by  the
mortgagee,  and  duly  acknowledged,  stating, substantially, that (a) a
party is assuming the seller's indebtedness secured by the mortgage;  or
(b) that the indebtedness secured by the mortgage has been satisfied.
For  the purposes of this section, associated parties means spouses,
ex-spouses,  parents  and  children,  siblings,  a  homeowner  and  that
homeowner's   family   trust,   or  a  homeowner  and  that  homeowner's
wholly-owned limited liability company.
§  267.  Conveyances  with  power  to  revoke,  determine  or alter. A
conveyance of, or charge on, an estate or  interest  in  real  property,
containing  a  provision for the revocation, determination or alteration
of the estate or interest, or any part  thereof,  at  the  will  of  the
grantor,  is  void,  as against subsequent purchasers and incumbrancers,
from the grantor,  for  a  valuable  consideration,  of  any  estate  or
interest so liable to be revoked or determined, although the same be not
expressly  revoked,  determined  or altered by the grantor, by virtue of
the power reserved or expressed in the prior conveyance or charge. Where
a power to revoke a conveyance of real property or the rents and profits
thereof, and to reconvey the same, is given to any  person,  other  than
the  grantor  in such conveyance, and such person thereafter conveys the
same real property, rents or profits to a purchaser or incumbrancer  for
a  valuable  consideration,  such subsequent conveyance is valid, in the
same manner and to the same extent as if the power  of  revocation  were
recited  therein,  and  the  intent  to  revoke  the  former  conveyance
expressly declared. If a conveyance  to  a  purchaser  or  incumbrancer,
under  this  section, be made before the person making it is entitled to
execute his power of revocation, it is nevertheless valid, from the time
the power of revocation actually vests  in  such  person,  in  the  same
manner, and to the same extent, as if then made.
§  268.  Disaffirmance  of  fraudulent  act by executor and others. An
executor, administrator, receiver, assignee or other trustee,  may,  for
the  benefit of creditors, or of others interested in real property held
in trust, disaffirm, treat as void and resist any act done  or  transfer
or  agreement  made  in  fraud  of the rights of any creditor, including
himself, interested in  such  estate  or  property;  and  a  person  who
fraudulently  receives, takes, or in any manner interferes with the real
property of a deceased person, or an insolvent corporation, association,
partnership, or individual, is liable to such  executor,  administrator,
receiver  or  other  trustee for the same, or the value thereof, and for
all damages caused by such act to the trust estate.   A  creditor  of  a
deceased  insolvent  debtor,  having  a  claim  or  demand exceeding one
hundred dollars against such deceased, may, for the benefit of creditors
or others interested in the real property of such  deceased,  disaffirm,
treat  as  void,  and  resist  any  act  done or conveyance, transfer or
agreement made by such deceased in fraud of the rights of any  creditor,
including  himself,  and  may  maintain an action to set aside such act,
conveyance, transfer or  agreement,  without  having  first  obtained  a
judgment  on  such  claim  or  demand; but the same, if disputed, may be
established on the trial. The judgment in such action  may  provide  for
the  sale  of  the  premises  or property involved, when a conveyance or
transfer thereof is set aside, and that the proceeds thereof be  brought
into  court or paid into the proper surrogate's court to be administered
according to law.
§  269.  When  remainderman  may  pay  interest  owed  by life tenant.
Whenever real property held by any person  for  life  is  incumbered  by
mortgage or other lien, the interest on which should be paid by the life
tenant,  and  such life tenant neglects or refuses to pay such interest,
the remainderman may pay such interest, and recover the amount  thereof,
together  with  interest  thereon  from the time of such payment, of the
life tenant.
§  270.  Powers of courts of equity not abridged. Nothing contained in
this article abridges the powers of  courts  of  equity  to  compel  the
specific performance of agreements in cases of part performance.
§  271.  Construction  of  covenants  in  mortgages  on leases of real
property and bonds or notes. In mortgages on leases of real property and
in bonds or notes secured thereby, the following or similar covenants or
agreements must be construed as follows:
1. In default of payment,  mortgagee  to  have  power  to  sell.---  A
covenant  that  the mortgagor will pay the indebtedness, as provided in
the mortgage, and if default be made in the payment of any part thereof,
the mortgagee or obligee shall have power to sell the  premises  therein
described,  according  to  law,  must  be construed as meaning that the
mortgagor or obligor shall well and truly  pay  unto  the  mortgagee  or
obligee  the  said  sum  of money mentioned in the condition of the said
bond, note or obligation, and the interest  thereon,  according  to  the
condition  of the said bond, note or obligation. And if default shall be
made in the payment of the said sum of money therein  mentioned,  or  in
the  interest which shall accrue thereon, or of any part of either, that
then and from thenceforth it shall be lawful for the said  mortgagee  or
obligee,  his legal representative or assigns, to sell, transfer and set
over, all the rest, residue and remainder of the said term of years then
yet to come, and all other, the right, title and interest  of  the  said
mortgagor  or  obligor  of,  in  and  to  the  same,  at public auction,
according to the act in such case made and provided. And as the attorney
of the said mortgagor or obligor for that purpose by these presents duly
authorized, constituted  and  appointed,  to  make,  seal,  execute  and
deliver  to  the  purchaser or purchasers thereof, a good and sufficient
assignment, transfer or other  conveyance  in  the  law,  for  the  said
premises, with the appurtenances; and out of the money arising from such
sale,  to  retain  the principal and interest which shall then be due on
the said bond, note or obligation, together with the costs  and  charges
of  advertisement  and sale of the said premises, rendering the overplus
of the purchase-money (if any there shall be) unto the said mortgagor or
obligor, his legal representatives or assigns;  which  sale,  so  to  be
made,  shall forever be a perpetual bar, both in law and equity, against
the said mortgagor or obligor, and against all persons  claiming  or  to
claim  the  premises or any part thereof, by, from or under him or them,
or any of them.
2. Mortgagor to  keep  buildings  insured.---  A  covenant  that  the
mortgagor  will  keep the buildings on the said premises insured against
loss by fire, for the benefit of the mortgagee, must  be  construed  as
meaning  that  the  said  mortgagor  or  obligor shall and will keep the
buildings erected and to be  erected  upon  the  lands  above  conveyed,
insured  against loss and damage by fire, by insurance, and in an amount
approved by the said mortgagee or obligee and his  assigns,  and  either
assign  the  policy and certificates thereof or have such insurance made
payable to the said mortgagee or obligee or his assigns, and in  default
thereof  it  shall  be  lawful for the said mortgagee or obligee and his
assigns to effect such insurance, and the premium and premiums paid  for
effecting the same shall be a lien on the said mortgaged premises, added
to the amount of the said bond, note or obligation, and secured by these
presents, and payable on demand, with legal interest.
3.  Mortgagor  to pay rent and charges on premises.--- A covenant that
the mortgagor will pay the rent and other charges mentioned in and made
payable by said indenture of lease within ....... days after  said  rent
or  charges  are  payable,  must  be construed as meaning that the said
mortgagor or obligor and his legal representatives and assigns, will pay
or cause to be paid, and discharge all rent and rents mentioned  in  and
made  payable  by  the indenture of lease aforesaid, and also all taxes,
assessments or other charges that now are a lien, or hereafter shall  or
may  be  levied, assessed or imposed and become a lien upon the premises
above described or any part thereof; and in  default  thereof,  for  the
space  of  .......  after such taxes or assessments or ....... after the
said rent or rents, or any of them shall have become due and payable  by
the  terms of said lease or by law, then and in each and every such case
the said mortgagee or obligee, his legal representatives or assigns may,
at  option,  and  without  notice,  pay  such  rent  or  rents,   taxes,
assessments  or  other charges and expenses, and the amount so paid, and
interest thereon, from the time of such payment, shall forthwith be  due
and   payable   from   the   said   mortgagor   or  obligor,  his  legal
representatives or assigns, to the said mortgagee or obligee, his  legal
representatives  or  assigns, and shall be deemed to be secured by these
presents, and shall be collectable in the same manner, and at  the  same
time,  and  upon  the same conditions as the interest then next maturing
upon the principal sum hereinbefore mentioned.
4. Agreement that whole sum shall become due.--- The words And it  is
hereby  expressly  agreed that the whole of the said principal sum shall
become due at the option of said mortgagee or obligee after  default  in
the  payment  of  any  instalment  of  principal or after default in the
payment of interest for ....... days, or after default in the payment of
any rent or other charge made payable by said  indenture  of  lease  for
........  days, or after default in the payment of any tax or assessment
for ....... days after notice and demand, must be construed as  meaning
that  should  any  default  be  made in the payment of any instalment of
principal or any part thereof, or of said interest or any part  thereof,
or  of any rent or other charge made payable by said indenture or lease,
on any day whereon the same is  made  payable,  or  should  any  tax  or
assessment,  which  now is or may be hereafter imposed upon the premises
hereinafter described, become due  and  payable,  and  should  the  said
interest,  rent  or  other charge aforesaid, remain unpaid and in arrear
for the space of ....... days, or such tax or assessment  remain  unpaid
and  in arrear for ....... days after written notice by the mortgagee or
obligee, his executors, administrators or  assigns,  that  such  tax  or
assessment  is unpaid, and demand for the payment thereof, then and from
thenceforth, that is to say, after the  lapse  of  either  one  of  said
periods,  as  the  case  may  be,  the aforesaid principal sum, with all
arrearage of interest thereon,  rent  and  other  charges  paid  by  the
mortgagee  or  obligee,  shall,  at  the option of the said mortgagee or
obligee, his executors, administrators or assigns, become and be due and
payable immediately thereafter, although the period  above  limited  for
the  payment  thereof  may not then have expired, anything thereinbefore
contained to the contrary thereof in anywise notwithstanding.
§  272.  Construction of grant of appurtenances, and all of the rights
and estate of the mortgagor. In any mortgage on a lease of real property
the words together with the appurtenances and all the estate and rights
of the part ...... of the first part of, in and to said  premises  under
and by virtue of the aforesaid indenture of lease, must be construed as
meaning, together with all and singular the edifices, buildings, rights,
members,  privileges and appurtenances thereunto belonging or in anywise
appertaining; and also all the estate, right, title, interest,  term  of
years  yet to come and unexpired, property, possession, claim and demand
whatsoever, as well in law as  in  equity,  of  the  said  mortgagor  or
obligor,  of,  in  and  to the said demised premises, and every part and
parcel thereof, with the appurtenances; and also the said  indenture  of
lease,  and  the renewal therein provided for, and every clause, article
and condition therein expressed and contained.
§ 273. What form of mortgage on lease of real property. The use of the
following form of instrument for mortgages on leases of real property is
MORTGAGE ON LEASE OF REAL PROPERTY.
This  indenture,  made  the  .......  day  of  ........, in the year one
thousand  .......  hundred  and  ..........,  between  .............  of
(insert  residence)  of  the  first  part  and  ...........  of  (insert
residence) of the second part; whereas ...........  did,  by  a  certain
indenture  of  lease,  bearing  date the ....... day of ........, in the
year one thousand nine hundred and .........., demise, lease and to farm
let unto ............ and to ............ executors, administrators  and
assigns,  all  and  singular  the  premises  hereinafter  mentioned  and
described, together with their appurtenances; to have and  to  hold  the
same   unto   the   said   ...........  and  to  ...........  executors,
administrators and assigns, for and during and until the  full  end  and
term  of  .......  years, from the ....... day of ........, one thousand
nine hundred and ........, fully to be complete and ended, yielding  and
paying  therefor  unto  the  said ....... and to ....... or assigns, the
yearly rent or sum of ............... .
And whereas, the said part ....... of the first part  justly  indebted
to  the  said  part  .......  of  the second part, in the sum of .......
lawful money of the United States of America,  secured  to  be  paid  by
.......    certain  bond  or  obligation,  bearing  even  date herewith,
conditioned for the payment of the said sum of .......  on  the  .......
day  of  ........, nineteen hundred and ....... and the interest thereon
to be computed from ....... at the rate of ....... per centum per  annum
and to be paid ...... .
It being thereby expressly agreed that the whole of the said principal
sum  shall  become  due  at the option of the mortgagee or obligee after
default in the payment of interest, taxes or  assessments  or  rents  as
hereinafter provided.
Now  this indenture witnesseth that the said part ....... of the first
part, for the better securing the payment  of  the  said  sum  of  money
mentioned in the condition of the said bond or obligation, with interest
thereon,  and  also  for  and in consideration of the sum of one dollar,
paid by the said part ....... of the second part, the receipt whereof is
hereby acknowledged, doth grant and release, assign,  transfer  and  set
over  unto  said  part  ....... of the second part, and to his heirs (or
successors) and assigns forever.
(Description.)
Together with the appurtenances and all the estate and rights  of  the
part ........ of the first part of, in and to said premises under and by
virtue of the aforesaid indenture of lease.
To  have  and  hold  the  said indenture of lease and renewal, and the
above granted premises, unto the said part ....... of the  second  part,
his  heirs  and  assigns,  for  and  during  all  the  rest, residue and
remainder of the said term of years yet to come and unexpired,  in  said
indenture  of  lease  and in the renewals therein provided for; subject,
nevertheless, to the rents, covenants, conditions and provisions in  the
said indenture of lease mentioned.
Provided  always that if the said part ....... of the first part shall
pay unto the said part ....... of the second part, the said sum of money
mentioned in the condition of the  said  bond  or  obligation,  and  the
interest  thereon,  at  the time and in the manner mentioned in the said
condition, that then these presents and the estate hereby granted, shall
cease, determine and be void.
And  the said part ....... of the first part covenant ....... with the
said part ....... of the second part as follows:
First.  That  the  part  .......  of  the  first  part  will  pay  the
indebtedness as hereinbefore provided.
And  if  default  shall be made in the payment of any part thereof the
said part ....... of the second  part  shall  have  power  to  sell  the
premises therein described according to law.
Second.  That  the  said  premises  now  are  free  and  clear  of all
incumbrances whatsoever, and that .......  ha  .......  good  right  and
lawful authority to convey the same in manner and form hereby conveyed.
Third. That the part ....... of the first part will keep the buildings
on  the  said  premises insured against loss by fire, for the benefit of
the mortgagee.
Fourth. That the part ....... of the first part will pay the rents and
other charges mentioned in and made payable by said indenture  of  lease
within ....... days after said rent or charges are payable.
Fifth.  And  it  is hereby expressly agreed that the whole of the said
principal sum shall become due at the option of the  said  mortgagee  or
obligee  after default in the payment of any instalment of principal, or
after default in the payment of interest  for  .......  days,  or  after
default  in the payment of any rent or other charge made payable by said
indenture of lease for ....... days, or after default in the payment  of
any tax or assessment for ....... days after notice and demand.