SUMMONS + COMPLAINT - Redacted per 22 NYCRR §202.5(e) July 03, 2024 (2024)

 
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 FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF CAYUGA ___________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ ROBERT SMALLING AKA ROBERT L. SMALLING; SUMMONS OSWEGO COUNTY FEDERAL CREDIT UNION; and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of Mortgaged Premises: plaintiff to designate any and all occupants, tenants, persons 14486 Richmond Avenue or corporations, if any, having or claiming an interest in Fair Haven NY 13064 n/k/a or lien upon the premises being foreclosed herein.) 11486 Richmond Avenue, Sterling NY 13156 Defendants. ___________________________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is for the foreclosure of: Mortgage bearing the date of September 14, 2001, executed by Robert L. Smalling, a married person to Cendant Mortgage Corporation to secure the sum of $49,112.00, and interest, and recorded in the Office of the Clerk of Cayuga County on September 17, 2001 in Liber: 1574 Page: 108. That Cendant Mortgage Corporation duly assigned said Note and Mortgage to MidFirst Bank by Assignment dated January 10, 2004 and recorded on April 27, 2004 in the Office of the Clerk of Cayuga County in Liber: 104 Page: 126. Loan Modification bearing the date of January 11, 2007, executed by Robert L. Smalling to MidFirst Bank f/k/a MidFirst Bank, Federally Chartered Savings Association to secure the sum 1 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 of $53,555.95, with interest, and recorded in the Office of the Clerk of Cayuga County on March 6, 2007 in Liber: 2427 Page: 50. Loan Modification bearing the date of July 13, 2016, executed by Robert L. Smalling to MidFirst Bank, a federally chartered savings association to secure the sum of $57,575.52, with interest, and recorded in the Office of the Clerk of Cayuga County on December 2, 2016 in Instrument No.: 2016-167389 Book: 3482 Page: 279. The relief sought in the within action is a final judgment directing the sale of the Mortgaged Premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Cayuga County as the place of trial. The basis of venue is the County in which the Mortgaged Premises is situated. Section: 8.20 Block: 2 Lot: 55 2 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 DATED: July 3, 2024 Rochester, New York NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the Mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your Mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF CAYUGA _____________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ ROBERT SMALLING AKA ROBERT L. SMALLING; OSWEGO COUNTY FEDERAL CREDIT UNION; VERIFIED COMPLAINT and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons Mortgaged Premises: or corporations, if any, having or claiming an interest in 14486 Richmond Avenue or lien upon the premises being foreclosed herein.) Fair Haven NY 13064 n/k/a 11486 Richmond Avenue, Sterling Defendants. NY 13156 _____________________________________________________ The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: AS AND FOR ITS FIRST CAUSE OF ACTION FIRST: Plaintiff, with an office at 999 NW Grand Blvd., Oklahoma City, OK 73118, is authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant statutes and, as such, has standing and capacity to bring this action in the courts of the State of New York. SECOND: Upon information and belief, that at all times hereinafter mentioned, the defendant(s) set forth in Schedule A reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. THIRD: That the United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local government (however designated), if made parties to this action and if appearing in Schedule B, are made parties solely by reason of the facts set forth in said schedule, and for no other reason. FOURTH: That heretofore, the defendant(s), Robert L. Smalling , for the purpose of securing to plaintiff or its assignor, its successors and assigns, the sum of 4 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 $57,575.52, duly made a certain bond, note, loan agreement, extension agreement, consolidation agreement, or recasting agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or other instrument. A copy of said instrument, or an affidavit regarding same, is attached hereto and made a part hereof. FIFTH: That as security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter called "mortgaged premises"), under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. SIXTH: That the said mortgage was duly recorded (and the mortgage tax due thereon was duly paid) in the proper County Clerk's Office at the place and time which appears thereon. SEVENTH: That the defendant(s), so named, have failed and neglected to comply with the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s) secured by said mortgage by omitting and failing to pay items of principal and interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount secured by the mortgage described in paragraph FIFTH hereof. The default has continued beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal. EIGHTH: That Schedule C sets forth the principal balance due and the date (and rate) from which interest accrued and all other items and charges arising from said default which are now due. NINTH: That in order to protect its security, the Plaintiff has paid, if set forth in Schedule C, or may be compelled to pay during the pendency of this action local, taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes 5 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises. TENTH: That each of the above-named defendants has, or claims to have, some interest in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage. ELEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of the said bond/note/loan agreement and mortgage securing the same and there are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof. TWELFTH: That Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of the Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. THIRTEENTH: That by reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or consolidation agreement the amount set forth in Schedule C. FOURTEENTH: That if the security for the indebtedness consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the mortgage so states, the mortgaged premises may be sold in one parcel. FIFTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the note and mortgage and occurring prior to the discontinuance of this action are fully paid and cured. SIXTEENTH: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as a result of this action will be used for that purpose. SEVENTEENTH: At the time this proceeding is commenced, the plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. 6 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 EIGHTEENTH: If applicable, Plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and section thirteen hundred four of the real property actions and proceedings law, and HAMP Supplemental Directive 10-02. NINETEENTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§ 1304 and 1306. TWENTIETH: That there is no other action pending regarding this claim. AS AND FOR ITS SECOND CAUSE OF ACTION TWENTY-FIRST: Plaintiff repeats and realleges with the same force and effect as if fully set forth at length herein the allegations stated and contained in the FIRST CAUSE OF ACTION marked and numbered FIRST through TWENTIETH, inclusive. TWENTY-SECOND: By mutual mistake of plaintiff and defendants, the legal description of the mortgage document recorded on September 17, 2001 in Liber: 1574 Page: 108 must be reformed as it contains minor scrivener errors. TWENTY-THIRD: Plaintiff has no adequate remedy at law unless said legal description be reformed so that the paragraph of the description hereinafter set forth read as follows: All that tract or parcel of land situate in the Village of Fair Haven, Town of Sterling, County of Cayuga and State of New York, being part of Lot 23 of said Town and being Village Lots 83, 84 and 85, as shown on a map filed in the Cayuga County Clerk’s Office in Book 1 at page 87 & 88 and as shown on a survey map by Jon Erik Svereika, Licensed Land Surveyor, dated 8-10-2001 and being bounded and described as follows: Beginning at an iron rod set on the East Street line of Richmond Ave. at the southwest corner of said Lot 85, also being the southwest corner of a parcel of land described in a deed to Money as recorded in the Cayuga County Clerk’s Office in Book 358 of Deeds at page 482, said iron also being located northerly a distance of 125.00 feet from the North Line of Park Street; thence northerly at an interior angle of 90° 00' 00”, along said Street Line, a distance of 150.00 feet to an iron rod found at the northwest corner of said lot 83; thence easterly at an interior angle of 90° 00' 00” along the North line of said lot 83, a distance of 130.00 feet to an iron rod found at the northeast corner of said lot 83; thence southerly at an interior angle of 90° 00' 00” along the East 7 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 line of lots 83, 84 and 85 a distance of 150.00 feet to an iron rod at the southeast corner of said lot 85; thence westerly at an interior angle of 90° 00' 00” along the southerly line of lot 85 a distance of 130.00 feet to the point of beginning. WHEREFORE, plaintiff demands judgment: 1. Upon its First Cause of Action: Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage; 2. That the defendant(s) and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; 3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; 4. That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts due on said bond/note/loan agreement and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly applicable thereto will pay the same; 5. The premises are being sold subject to: (a) All common charges, if any, which are at the time a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment; (b) Covenants, restrictions and easements of record and zoning regulations and ordinances of the City, Town and Village in which said premises lie; (c) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley or highway; (d) Any state of facts that an accurate survey, currently dated, might disclose; 8 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 (e) Any state of facts an inspection would disclose, it being understood that the property is sold in an "as is" and "where is" condition; (f) Any and all tenancies, possessory interests and/or leases affecting said premises which are not extinguished by this foreclosure action; (g) The right of redemption of the United States of America, if any; 6. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be required to specify the amount of such deficiency in his report of sale so that plaintiff may thereafter be able to make application to this Court, pursuant to Section 1371 of the Real Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in paragraph FOURTH of this Complaint for any deficiency which may remain after applying all of such moneys so applicable thereto, except that this shall not apply to any defendant who has been discharged in bankruptcy from the subject debt; 7. That either or any of the parties to this action may become a purchaser upon such sale; 8. That this Court, if requested, forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; 9. That the plaintiff may have such other or further relief, or both, as may be just and equitable; and 10. Upon its Second Cause of Action: to reform the description made a part of the mortgage document recorded on September 17, 2001 in Liber: 1574 Page: 108 to contain the language set forth in the paragraph TWENTY-THIRD herein. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein; DATED: July 3, 2024 Rochester, New York BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 9 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 VERIFICATION (Complaint) I affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at 400 Meridian Centre Blvd., Suite 200 Rochester, NY 14618, in the within action; that I have read the foregoing Summons and Complaint and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe them to be true. That the grounds of my belief as to all matters in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan agreement, mortgage and/or financial statements, together with correspondence. | I further state that the reason this verification is made by Affirmant and not an officer of Plaintiff's corporation is that Plaintiffis either a foreign corporation, or its principal place of business is not in the county where I have my office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Sft~ Sean P. Williams, Esq. Sworn to before me this 3" day of July, 2024 \Ptebione € Keon — > Notary Public ae) 10 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule A-Defendants ROBERT SMALLING AKA ROBERT L. Record owner and original mortgagor of SMALLING premises being foreclosed herein by virtue of 14486 Richmond Avenue a deed recorded on September 17, 2001 in the Sterling, NY 13156 Cayuga County Clerk’s Office in Liber: 1069 Page: 236 and the party liable for payment of the note and mortgage herein. “JOHN DOE” and “MARY DOE” Said names being fictitious, it being the 14486 Richmond Avenue intention of plaintiff to designate any and all Fair Haven, NY 13064 occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 11 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule B-Defendants OSWEGO COUNTY FEDERAL CREDIT Holder of a mortgage inferior to that being UNION foreclosed herein which mortgage was PO Box 310 recorded September 6, 2018 in the Cayuga Oswego, NY 13126 County Clerk's Office in Book: 3639 Page: 202 Document No.: 2018-00181815 given to secure the amount of $9,900.00. 12 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule C 1. Original Loan Amount ...............................................................................$49,112.00 2. Mortgage Origination Date ......................................................... September 14, 2001 3. 2007 Loan Modification. ............................................................................$53,555.95 4. 2016 Loan Modification. ............................................................................$57,575.52 5. Principal Balance Owing ...........................................................................$37,662.67 6. Default Date ....................................................................................... January 1, 2024 7. Monthly Payment Amount (Principal and Interest) ........................................$274.87 8. Interest Rate ..................................................................................................... 4.000% 9. Interest from ................................................................................... December 1, 2023 10. Late Charges to Date .......................................................................................$110.87 13 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 MW # lose Namba , . NOTE "^®"° Multistate september 14th, 2001 IDsel 14486 RIC m AVENUEFAIR EILVER, NY 13064 [PagmdyA&hmus] 1. PARTIES "Bormwer" means each person "Lender" manna signing at the end of this Note, and the perma's succesars and assigns. c-d"nt Mortgage Cozporation and its successors and assigns. 2. BORROWER'S PRO1WSE TOPAY; INTEREST In return for a loan received immLender, Bormwer pmmises to pay the principal mmofForty-Nine Thousand One nundred Twelve Dollars and Eero cents Dollars (U.S. $ 49, 112. 00 ), plus interest, to the order of Leader. Interest will be charged on unpaid principal, fmm the date of disburnement of the loan proceeds by lander, at the rate of Seven and Seven Eighths percent ( 7. 875 %) per year until the full amount of principal has been paid. 3. PROMISETOPAYSECURED Bormwer's pmmise to pay is seemedby a mortgage, deed of trust or similar security instrument that is dated the samedate Instrument." Note and called the "Security as this The Security instrument pmteets the Iander fmmlosses which might result if Bormwer defaults under this Note. 4. MANNER OFPAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on November 1st , 2001 . Any principal and interest remaining on the first day of cotober , Date." 2031 , will be due on that date, which is called the "Maturity (B) Place Payment shall be made at 3000 Lead-hal l Road Nount Laurel , NJ 08054 or at such place as Lender maydesignate in writing by notice to Bormwer. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 356. 10 . This amount willbe part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) AHonge to this Note for payment adjustments If an allonge pmviding for payment adjustments is executed by Bormwer together with this Note, the covenants of the allonge shall be incorporated into and shall amendand supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] Graduated Payment Allonge Growing Equity Allonge Other [specify] 5. RIGHT TOPREPAY BORROWER'S Bormwerhas the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Leader shall accept prepayment on other days pmvided that Bormwerpays interest on the amount prepaid for the remainder of the month go the extent required by Iznder and permitted by segulations of the Secretary. If Bormwermakesa partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHAIW-AM-w"Nhad Rate Nade - 1955 -1R tesonas VMPMORTGAGEFORMS-[800)S21-7291 Page 1 of 2 mkms: --- Original 14 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 6. FAILURETOPAY BORROWER'S (A) Late Charge for Overdue Paynnents If Iander has not received the full monthly påyment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Leader may collect a late charge in the amount of rour percent ( 4.00 %) of the overdue amount of each payment. (B) Defauk If Bormwerdefaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediare. payment in full of the principal balance remaining due and all accrued interest. Leader may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Leader's rights to require immediate payment in full in the ease of payment defaults. This Note does not authorize acceleration whennot permitted by HUDregulations. As used "Secretary" in this Note, meansthe Secretary of Housing and Urban Development or his or her designee. (C) Paynaent of Costs and Espenses If Leader has required immediate payment in above, Leader may require Borrower full, as described pay costs and m attorneys' expenses including reannable and customary fees for enforcing this Note to the extent not pmhibited by spplicable law. Such fees and costs shall bear interest fmm the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Bormwer and any other person who has obligations underthis Note waive the rights of presentment and notice of dishonor. "Presentment" meansthe right to require lander to demandpayment of amounts due. "Notice of dishonor" meansthe right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVINGOFNOTICES Unless applicable law requires a different method, any notice that must be given to Bormwerunder this Note will be given by delivering it or by mailing it by first class mail to Bormwer at the property address above or at a different address if Borrower has given Leader a notice of Bormwer's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Leader at the address stated in Paragraph 4(B) or at a diffetent address if Bormwer is given a notice of that different address. 9. UNDERTESNOTE OBLICATIONSOFPERSONS more than one person signs this Note, each person is fully and perenally obligated to keep all of the pmmises made in If this Note, includingthe pmmise 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 pmmisesmade in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note maybe required to pay all of the amounts owed under this Note. BY SIGNINGBElDW, Bormweraccepts and agrees to the terms and covenants contained in this Note. Robert L 8gnallin OF wrra (Seal) (Seal) -Bommer -Bonomer 1 VICES d/b/aP ASSISTANfVICEPRESIDENT (Seal) (Seal) -Barrower -Bommer (Seal) (Seal) -Barrower -Bommer -1R tenomos Page2 eg 2 PAY WITHOUTRECOURSE TOTHEORDEROF: --- Original FROM: MIDFIRST BANK BY VICE PRAStDENT BETTEJ. GARVER 15 of 44FILED: CAYUGA COUNTY CLERK 07/03/2024 03:16 PM INDEX NO. E2024-0596NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 CAYUGACOUNTY . CLERK'S T!²0°²c!°" RECORDED RECORDINGPAGE JOSEPH . HIRSHRLL 2o f -ff -- TAXMAP# . · - DOCUMENT TYPE: PROPERTY LOCATION: CEOWN/CITY) PARTY(IES)OFTHEFIItST PART PART PARTY(IES)OFTHESECOND RECORD sc RETURN TO: NUMDER OFPAGES: (INCLUDERECORDING PAGE) / O 9 Y £uf Br|D & ONEORTWO FAMILYDWEILIN RNO o o / 5 /Z·6 AMOUNT TAXABLEMORTGAGE OR CONS1DERATION AMOUNT:s / /2 00 CLERK'SRECORDING OFFICE USEONLYBELOWTHIS LINE NUMBER INSTRUMENT MORTGAGE SERIAL NUMBER TAXNUMBER TRANSFER MORTGAGE TAX / b MORTGAGE AMOUNT $ TAX REALESTATETRANSFER TAXs BASIC MORTGAGE T^XAMOuwrs ___ AoomONALs 277 SPECIALS / 9 CUSTOMER: RECORDED BY: CLERK 

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