Preview
FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF MADISON
NBT BANK, NATIONAL ASSOCIATION as successor,
by merger to ALLIANCE BANK, N.A., SUMMONS
Index No.:
Plaintiff, Date Filed:
-against-
THE ESTATE OF ANNE E. LOOMIS; CARRIE GAPSKl,
AS ADMINISTRATOR OF THE ESTATE OF ANNE E.
LOOMIS; ONElDA HEALTHCARE CENTER; and
1" 10"
"JOHN/JANE DOE through "JOHN/JANE DOE (said
last 10 names being fictitious, it being the intention of
plaintiff to designate any and allother tenants, occupants or
other persons or entities having or claiming an interest in the
real property subject of this action, whose identity is not
presently known to plaintiff),
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in the above action
and to serve a copy of your answer on the Plaintiff's attorneys within twenty (20) days
after 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. The United States of America, ifdesignated 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.
Madison County is designated as the place of trial. The basis of venue is the
location of the mortgaged premises in this action at 401 Cleveland Avenue, Oneida,
New York13421.
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.
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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.
Dated: June 10, 2022
Clifton Park, New York BU ESS & ASSOCIATES P.C.
lissa H. Pugliese, Es .
Attomeys for Plaintiff
646 Plank Road, Suite 103
Clifton Park, New York 12065
(518) 371-0052
mpuqliese@bapclaw.com
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MADISON
NBT BANK, NATIONAL ASSOCIATION as successor,
by merger to ALLIANCE BANK, N.A., VERIFIED COMPLAINT
Index No.:
Plaintiff, Date Filed:
-against-
THE ESTATE OF ANNE E. LOOMIS; CARRIE GAPSKI,
AS ADMINISTRATOR OF THE ESTATE OF ANNE E.
LOOMIS; ONElDA HEALTHCARE CENTER; and
1" 10"
"JOHN/JANE DOE through "JOHN/JANE DOE (said
last 10 names being fictitious, itbeing the intention of
plaintiffto designate any and allother tenants, occupants or
other persons or entities having or claiming an interest in the
real property subject of this action, whose identity is not
presently known to plaintiff),
Defendants.
Plaintiff,complaining of the defendants in the above-entitled action, by and through its
attorneys, Burgess & Associates P.C., as and for a complaint in foreclosure, alleges that:
1. This action (the "Action") is brought to foreclose the lien of a mortgage on the
property located at, and commonly known as, 401 Cleveland Avenue, Oneida, New York 13421,
"A"
which is more particularly described on Exhibit hereto, and for reliefincidental thereto.
2. The Plaintiff was at alltimes hereinafter mentioned and stillis a
national banking association organized and existing under the laws of the United States having
an office for the transaction of business at 52 South Broad Street, Norwich, New York.
3. Anne E. Loomis (the "Mortgagor"), upon information and belief, died on or about
June 13, 2020.
4. Upon her death, Anne E. Loomis was the sole owner of the Mortgaged Premises.
5. A Surrogate's Court proceeding was brought in Madison County. Letters of
Administration were issued to Carrie Gapski, on October 19, 2021.
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6. The United States of America, the People of the State of New York, the New
York State Department of Taxation and Finance, and allother agencies or instrumentalities of
the federal, state or local government (by whatever name designated ifmade parties to this
action and ifappearing in Schedule "B") are made parties solely by reason of the materials set
"B"
forth in Schedule and for no other reason.
7. Each of the other defendants herein and their respective claims or interests in the
property herein sought to be foreclosed against are set forth and described in Schedule "B",
which liens or claims, ifexisting at all,are subordinate and inferiorto the Plaintiff's rights, liens
and /or security interests under the loan instruments, and said defendants reside or have a
place of business at the addresses set forth therein (any that are corporations, limited liability
corporations or limited partnerships, being organized and existing under the laws of the state set
forth therein) and are made defendants in the Action in capacities therein alleged, or as alleged
herein.
8. The Court has jurisdiction by virtue of Judiciary Law section 140-b and NYS
Constitution Art VI, section 7.
9. Venue in Madison County is proper under CPLR section 507, because the
Mortgaged Premises are located, in whole or in part, in Madison County.
10. The Mortgagor, for the purpose of securing and evidencing a promise to pay to
Alliance Bank, NA, or its assignee, a sum of money, duly executed and acknowledged a NOTE
dated June 2, 2011 (the "Note") wherein and whereby she promised for herself, her heirs and
assigns to pay a certain sum of money according to the terms of repayment of the Note allas
more fully appears in the Note, a copy of which is attached hereto and made a part hereof as
Exhibit "1".
11. As security for the payment of the indebtedness evidenced by the Note, a
MORTGAGE dated June 2, 2011 (the "Mortgage") was executed, acknowledged and delivered
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to Alliance Bank, NA, wherein and whereby the Mortgagor bargained and granted to the
mortgagee, itssuccessors and assigns, a lien upon the premises more particularly described
therein (hereinafter called the "Mortgaged Premises") under certain conditions with rights, duties
and privileges between or among them as more fullyappears in the Mortgage, a copy of which
is attached hereto and made a part hereof as Exhibit "2".
12. The Mortgage was duly recorded in the office of the Madison County Clerk on
June 7, 2011, as Instrument No.: 2011-2805. The mortgage recording tax was then and there
duly paid.
13. The Plaintiff is now the sole, true, and lawful holder of the Note and Mortgage.
14. The Note having been modified by a Modification to Mortgage Note effective
March 1, 2017 (the "Note Modification") executed by the Mortgagor to NBT Bank, National
Association, as successor by merger to Alliance Bank, wherein and whereby she promised for
herself, her heirs and assigns to pay a certain sum of money according to terms of repayment of
the modified note, a copy of which is attached hereto and made a part hereof as Exhibit "3".
15. The Mortgage having been modified by a Loan Modification Agreement dated
March 29, 2017 (the "Modification") executed by the Mortgagor to NBT Bank, National
Association as successor by merger to Alliance Bank, wherein and whereby she promised for
herself, her heirs and assigns to pay a certain sum of money according to the terms of
repayment of the Modification, a copy of which is attached hereto and made a part here of as
Exhibit "4".
16. The Note, Mortgage, Note Modification, and Modification collectively shall be
Documents"
referred to as the "Loan hereinafter.
17. The loan evidenced by the Loan Documents is not a subprime home loan or a
high-cost home loan, as such terms are defined in §6(L) of the Banking Law of the State of New
York, and §1304 of the Real Property Actions and Proceedings Law of the State of New York
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("RPAPL").
18. The loan evidenced by the Loan Documents is not a home loan as defined by
§6(M) of the Banking Law of the State of New York and §1304 of the Real Property Actions and
Proceedings Law ("RPAPL"), as the Mortgaged Premises is not the Mortgagor's primary
residence as she is deceased.
19. The 90 day notice was sent by certified and regular mail to the Mortgaged
Premises as a condition precedent to foreclosure pursuant to §1304(3), a copy of the 90 day
notice is attached hereto and made a part hereof as Exhibit "5".
20. As a consequence, the filingwith NYS Department of Financial Services is not
required.
21. The Mortgagor has failed and neglected to comply with the conditions of the
Loan Documents by omitting and failing to pay the monthly installments for principal and interest
1st
due on June 1, 2020, and the day of each and every month thereafter.
22. In accordance with the provisions of the Loan Documents, attached hereto as
"1"
Exhibits through "4", respectively, Plaintiff has elected and hereby elects to calldue the
entire amount presently secured by the Mortgage, and require immediate payment in full.
23. To protect itssecurity, the Plaintiffhas paid or may be compelled to pay during
the pendency of this action, local taxes, assessments, water rents, insurance premiums,
mortgage insurance premiums, and other charges effected by the Mortgaged Premises, and the
Plaintiffrequests that any sums so paid by ittogether with interest from the date of each
payment, be added to the sum otherwise due and be deemed secured by the Mortgage, and be
adjudged a valid lien on the Mortgaged Premises.
24. As of the date hereof there is now due and owing to the Plaintiff under the
Loan Documents the principal amount of Ninety Three Thousand Six Hundred Eight and 78/100
Dollars ($93,608.78) together with interest, late fees and other charges.
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25. The loan is owned or securitized by Freddie Mac, and the Plaintiff is a servicer or
subservicer of that agency with respect to the loan being foreclosed.
26. A Certificate of Merit is not required as the Mortgagor is deceased and not a
resident of the Mortgaged Premises.
27. There are no pending proceedings at law or otherwise to collect or enforce the
Note and Mortgage, and there is no other action pending which has been brought to recover
said mortgage debt or any part thereof.
28. The Loan Documents provide that the Mortgagor agrees to pay the Plaintiff's
attorneys'
reasonable expenses in enforcing the Loan Documents, including reasonable fees.
29. In construing the allegations of this Complaint feminine pronouns shall be
substituted for masculine pronouns, and plural terms shall be substituted for singular terms in
any place or situation where the context so requires.
WHEREFORE, Plaintiff demands judgment, adjudging and decreeing the amount due
attorneys'
the Plaintiff for principal, interest, costs, late charges and fees; that the Mortgagor and
the remaining defendants and allpersons 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 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; that the Mortgaged Premises may be decreed to be sold
according to the law; that out of the monies arising from the sale thereof, Plaintiff may be paid
the amounts then due on said Note and Mortgage, and any sum which may have been paid by
the Plaintiff to protect the lien of the Plaintiff's Mortgage with interest from the date of the
respective payments and advances, the costs and expenses of this action, the additional
allowance, ifany, so far as the amount of such money properly applicable will pay the sum; that
the Mortgagors may be adjudged to pay any deficiency that may remain after applying allof the
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proceeds of sale applicable thereto, and that the Plaintiffmay have such other or further relief,
or both, in the premises as may be just and equitable.
Dated: June 10, 2022
Clifton Park, New York BURGESS & ASSOCIAT .C.
Melissa H. Pugliese, E q.
Attorneys for Plaintiff
646 Plank Road, Suite 103
Clifton Park, New York 12065
(518) 371-0052
mpugliese@bapclaw.com
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VERIFICATION
I,MELISSA H. PUGLIESE, affirms under penalty of perjury, that:
1. I am duly admitted to the practice of law for the Courts of the State
of New York.
2. I am an associate with Burgess & Associates P.C., the attorneys for the
Plaintiffherein.
3. The material allegations of the pleading are within my personal knowledge
after review of the books and records of the Plaintiff and recorded documents.
4. The allegations contained in the VERIFIED COMPLAINT are true to my
knowledge except as to matters alleged upon information and belief and to those matters I
believe said allegations to be true.
Dated: June 10, 2022
Clifton Park, New York
elissa H. Pugliese, Es .
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NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(THE ACT), 15 U.S.C. SECTION 1601 AS AMENDED
1. THE AMOUNT OF THE DEBT IS STATED IN THE COMPLAINT ATTACHED
HERETO.
2. THE PLAINTIFF AS NAMED IN THE ATTACHED SUMMONS AND
COMPLAINT IS THE CREDITOR TO WHOM THE DEBT IS OWED.
3. THE DEBT DESCRIBED IN THE COMPLAINT ATTACHED HERETO WILL BE
ASSUMED TO BE VALID BY THE CREDITOR'S LAW FIRM, UNLESS THE DEBTOR, WITHIN
THIRTY (30) DAYS AFTER THE RECEIPT OF THIS NOTICE, DISPUTES, IN WRITTEN, THE
VALIDITY OF THE DEBT OR SOME PORTION THEREOF.
4. IF THE DEBTOR NOTIFIES THE CREDITOR'S LAW FIRM IN WRITING
WITHIN THIRTY (30) DAYS OF THE RECElPT OF THIS NOTICE THAT THE DEBTOR OR
ANY PORTION THEREOF IS DISPUTED, THE CREDITOR'S LAW FIRM WILL OBTAIN A
VERIFICATION OF THE DEBT AND A COPY OF THE VERIFICATION WILL BE MAILED TO
THE DEBTOR BY THE CREDITOR'S LAW FIRM.
5. IF THE CREDITOR NAMED AS PLAINTIFF IN THE ATTACHED SUMMONS
AND COMPLAINT IS NOT THE ORIGINAL CREDITOR, AND IF THE DEBTOR MAKES A
WRITTEN REQUEST TO THE CREDITOR'S LAW FIRM WITHIN THE THIRTY (30) DAYS
FROM THE RECEIPT OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM.
6. WRITTEN REQUESTS SHOULD BE ADDRESSED TO BURGESS &
ASSOCIATES P.C., 646 PLANK ROAD, CLIFTON PARK, NEW YORK 12065.
7. THE ABOVE-REFERENCED THIRTY (30) DAY TIME PERIOD IN WHICH THE
DEBTOR MAY DISPUTE THIS DEBT SHALL IN NO WAY AMEND OR EXTEND SAID
DEBTOR'S STATUTORY TIME PERIOD, AS STATED IN THE ATTACHED SUMMONS, TO
INTERPOSE AN ANSWER TO THE COMPLAINT IN THIS MATTER.
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Schedule A
ALL THAT TRACT OR PARCEL OF LAND situate inthe Cityof Oneida, County of Madison and State
of New York, being part of subdivision 110 of Lincoln Park Tract, as shown on an amended map of said
Tract made by J.M. Hutton, C.E. and filed inthe Madison County Clerk'sOffice August 14, 1915 and
bounded and described as follows: Beginning at a point at the intersection of Cleveland Avenue and
Oxford Street,as shown on said map, at the north east corner of Lot No. 110; and running thence
southerly along the east lineof lot 110, 90 feet t a point;thence westerly at a rightangle 70 feet and on
a lineparallelwith the north lineof tot No. 110; thence northerly 90 feet to a pointon the south lineof
Cleveland Avenue 70 feet from the place of beginning; thence easterly 70 feet to the pointof beginning.
ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate inthe City ofOneida, County of Madison
and State of New York and on the southerly side of Cleveland Avenue, being Lot No. 111 ofthe Lincoln
Park Tract as shown on an amended map of saidtract made by J.M. Hutton, C.E. and filed in the
Madison County Clerk'sOffice August 7, 1915.
Being the same premises conveyed to Anne E. Loomis by deed dated April 30, 2001 and
recorded in the Madison County Clerk'sOffice April 30, 2001 in Book 1190 of Deeds at Page 176.
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"B"
SCHEDULE
Party Interest
Anne E. Loomis Owner/Mortgagor/Obligor
Carrie Gapski Administrator of the Estate of
Anne E. Loomis
Oneida Healthcare Center Judgment Holder
Madison County
Index No.: CV-028541-15/ON
Filed: 02/19/2016
Amount: $3,228.74
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EXHIBIT 1
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NME L°^" ** 1425577547
JONE 2ND, 2011 ONEIDA NY
[Date] [City) {State]
401 CLEVELANDAVENUE, ONEIDA., NY 13421
[Propeny
Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I havereceived, I promiseto pay U.S. $
86, 400.00 (this amountis called "Principal"),
plus interest, to the order of the Lender. The Leaderis
ALLIANCE BANK NA
I will makeall paymentsunder this Note in the form of cash,checkor money order.
I understandthat the Leader may transfer this Note. The Lender or anyonewho takes this Note by transfer and who is
entitled to receivepaymentsunderthis Note is calledthe "Note Holder."
2. INTEREST
Interestwill be chargedon unpaidprincipal until the full amountof Principal hasbeenpaid. I will pay interestat a yearly rate
of 5.000 %.
The interestraterequired by this Section2 is the rateI will pay both beforeandafter any default describedin Section6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal andinterest by making a paymentevery month.
I will makemy monthly paymenton the
isT day of eachmonth beginningon AUGusT 1sT, 2011
. I will
makethesepaymentsevery month until Ihave paid all of the principal and interestand any other chargesdescribedbelow that I
may owe under this Note. Each monthly payrnentwill be appliedasof its scheduledduedateandwill be applied to interestbefore
Principa; If, on JULY
1ST, 2041 , I still owe amountsunderthis Note, I will pay thoseamountsin full on that date,
which is called the "Maturity Date."
I will
make my monthly paymentsat
7956 ROUTE 11, CICERO, NY 13039
or at a different placeif required by the Note Holder.
(B) Amount of Monthly
Payments
My monthly paymentwill be in the amountof U.S. S
463.82 .
4. BORROWER'S RIGHT TO PREPAY
I havethe right to makepaymentsof Principal at any time before they aredue. A paymentof Principal only is known asa
"Prepayment." When I makea
Prepayment,I will tell the Note Holder in writing that I am doing so. I may not designatea payment
asa Prepaymentif I have notinade all the monthly paymentsdue undertheNote.
I may makea full Prepaymentor partial Prepaymentswithout paying a Prepaymentcharge.The Note Holder will use my
Prepaymentsto reducetheamountof Principal that I owe underthis Note. However, the Note Holder may apply my Prepaymentto
the accruedand unpaid intereston the Prepaymentamount, before applying my Prepaymentto reducethe Principal amountof the
Note. If I makea partial Prepayment,therewill be no changesin the due dateor in the amountof my monthly paymentunlessthe
Note Holder agreesin writing to thosechanges.
oRKFlXED
RATE - Single
NOTE . Fannia
Family MaatFreddle
MacUNIFORMRUM
INST ENT 3 1
ersKluwofFinancJal
Wolf Services got of3
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5. LOAN CHARGES
If a law, which appliesto this loan andwhich setsmaximumloan charges,is finally interpretedso that the interestor other
loan chargescollected or to be collectedin connectionwith this loanexceedthepermitted limits, then: (a) any suchloan charge
shall be reducedby the amountnecessaryto reducethe chargeto the permittedlimit; and (b) any sumsalready collectedfrom me
which exceededpermitted limits will be refundedto me. The Note Holder may chooseto makethis refund by reducing the
Principal I owe under this Note or by making a direct paymentto rne. If a refund reducesPrincipal, the reductionwill be treatedas
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
15
If the Note Holder hasnot receivedthe full amountof any monthly paymentby theend of
calendardays
after the dateit is due, I will pay a late chargeto the Note Holder. The amountof the chargewill be
2.000 % of
my overduepaymentof principal andinterest. I will pay this late chargepromptly but only onceon eachlatepayment.
(B) Default
If I do not pay the full amountof cachmonthly paymenton the dateit is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may sendme a written notice telling me that if I do not pay the overdueamountby a
certain date, the Note Holder may require me to pay immediatelythe full amountof Principal which basnot beenpaid andall the
interest that I owe on that amount.That datemust be at least30 daysafter the dateon which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time whenI am in default, the Note Holder doesnot requiremeto pay immediatelyin full asdescribedabove,
the Note Holder will still havethe 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 hasrequiredme to pay immediatelyin full asdescribedabove,the Note Holder will havethe right to be
paid back by me for all of its costsandexpensesin enforcing this Note to theextentnot prohibited by applicablelaw. Those
expensesinclude, for example,reasonableattorneys' fees.
7. GIVING OF NOTICES
Unlessapplicablelaw requiresa different method, any notice that mustbegiven to me underthis Note will begiven by
delivering it or by mailing it by first classmail to me at the Property Addressaboveor at a different addressif f give theNote
Holder a notice of my different address.
Any notice that mustbe given to the Note Holder underthis Note will be given by delivering it or by mailing it by first class
mail to theNote Holder at the addressstatedin Section3(A) aboveor at a different addressif I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONSUNDER THIS NOTE
If more than onepersonsignsthis Note, eachpersonis fully andpersonallyobligatedto keepall of the promisesmadein this
Note, including the promiseto pay the full amountowed. Any personwho is a guarantor,surety or endorserof this Note is also
obligated to do thesethings. Any personwho takesover theseobligations, including the obligations of a guarantor,surety or
endorserof this Note, is alsoobligatedto keepall of the promisesmadein this Note. The Note Holder may enforceits rights under
this Note againsteachpersonindividually or againstall of us together.This meansthat any oneof us may be requiredto pay all of
the amountsowed underthis Note.
9. WAIVERS
I and any other personwho hasobligationsunder this Note waive the rights of PresentmentandNotice of Dishonor.
"Presentment"meansthe right to require the Note Holder
to demandpaymentof amountsdue. "Notice of Dishonor" meansthe
right to requirethe Note Holder to give notice to other personsthat amountsduehavenot beenpaid.
oRKFlXED NoTE-
RATE - Fannie
ShieFamily Mse/FreMe
MacUNIFORM
INSTROM947 3
Walters Financlel
IGover Services Page
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10. UNIFORM SECURED NOTE
This Note is a uniform instrumentwith limited variationsin sornejurisdictions. In additionto the protectionsgiven to the
Note Holder under this Note, a Mortgage, Deedof Trust, or Security Deed(the "Security Instrument"), datedthe samedateasthis
Note, protectsthe Note Holder from possiblelosseswhich might result if I do not keepthepromiseswhich I makein this Note.
That Security Instrument describeshow andunderwhat conditionsI may be requiredto makeimmediatepaymentin full of all
amounts[ owe underthis Note. Someof thoseconditionsaredescribedasfollows:
Leader may require immediatepaymentin full of all SumsSecuredby this SecurityInstrumentif all or any
part of the Property, or if any right in the Property, is sold or transferredwithout Lender'sprior written
permission. If Borrower is not a naturalpersonand a beneficialinterestin Borrower is sold or transferredwithout
Lender's prior written permission, Lenderalso may require immediatepaymentin full. However, this option shall
not be exercisedby Leader if suchexerciseis prohibited by Applicable Law.
If Leaderrequiresimmediatepaymentin full underthis Section18, Leaderwill give me a notice which
statesthis requirement.The notice will give me at least30 daysto makethe requiredpayment.The 30-dayperiod
will begin on the datethe noticeis given to me in the mannerrequired by Section15of this Security Instrument.
If I do not makethe requiredpaymentduring that period, Leader may act to enforceits rights under this Security
Instrumentwithout giving me any further notice or demandfor payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(SeaQ (SeaQ
AWB E LOOM l/ -Borrower -Borrower
(Seaf (SeaJ
-Borrower -Borrower
. . . .
[Sign Original Only)
Refer to the attachedSignamreAddendumfor additionalpartiesand signatures:
WORK
FlXED
RATE - SingleFemlly
NOTE - Fannie
Mae/Freddie
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FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MADISON NBT BANK, NATIONAL ASSOCIATION as successor, by merger to ALLIANCE BANK, N.A., SUMMONS Index No.: Plaintiff, Date Filed: -against- THE ESTATE OF ANNE E. LOOMIS; CARRIE GAPSKl, AS ADMINISTRATOR OF THE ESTATE OF ANNE E. LOOMIS; ONElDA HEALTHCARE CENTER; and 1" 10" "JOHN/JANE DOE through "JOHN/JANE DOE (said last 10 names being fictitious, it being the intention of plaintiff to designate any and allother tenants, occupants or other persons or entities having or claiming an interest in the real property subject of this action, whose identity is not presently known to plaintiff), Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in the above action and to serve a copy of your answer on the Plaintiff's attorneys within twenty (20) days after 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. The United States of America, ifdesignated 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. Madison County is designated as the place of trial. The basis of venue is the location of the mortgaged premises in this action at 401 Cleveland Avenue, Oneida, New York13421. 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. 1 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 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. Dated: June 10, 2022 Clifton Park, New York BU ESS & ASSOCIATES P.C. lissa H. Pugliese, Es . Attomeys for Plaintiff 646 Plank Road, Suite 103 Clifton Park, New York 12065 (518) 371-0052 mpuqliese@bapclaw.com S:\BAPCLAW\4400.792 Estateof Loomis\summons.doc 2 2 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MADISON NBT BANK, NATIONAL ASSOCIATION as successor, by merger to ALLIANCE BANK, N.A., VERIFIED COMPLAINT Index No.: Plaintiff, Date Filed: -against- THE ESTATE OF ANNE E. LOOMIS; CARRIE GAPSKI, AS ADMINISTRATOR OF THE ESTATE OF ANNE E. LOOMIS; ONElDA HEALTHCARE CENTER; and 1" 10" "JOHN/JANE DOE through "JOHN/JANE DOE (said last 10 names being fictitious, itbeing the intention of plaintiffto designate any and allother tenants, occupants or other persons or entities having or claiming an interest in the real property subject of this action, whose identity is not presently known to plaintiff), Defendants. Plaintiff,complaining of the defendants in the above-entitled action, by and through its attorneys, Burgess & Associates P.C., as and for a complaint in foreclosure, alleges that: 1. This action (the "Action") is brought to foreclose the lien of a mortgage on the property located at, and commonly known as, 401 Cleveland Avenue, Oneida, New York 13421, "A" which is more particularly described on Exhibit hereto, and for reliefincidental thereto. 2. The Plaintiff was at alltimes hereinafter mentioned and stillis a national banking association organized and existing under the laws of the United States having an office for the transaction of business at 52 South Broad Street, Norwich, New York. 3. Anne E. Loomis (the "Mortgagor"), upon information and belief, died on or about June 13, 2020. 4. Upon her death, Anne E. Loomis was the sole owner of the Mortgaged Premises. 5. A Surrogate's Court proceeding was brought in Madison County. Letters of Administration were issued to Carrie Gapski, on October 19, 2021. 3 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 6. The United States of America, the People of the State of New York, the New York State Department of Taxation and Finance, and allother agencies or instrumentalities of the federal, state or local government (by whatever name designated ifmade parties to this action and ifappearing in Schedule "B") are made parties solely by reason of the materials set "B" forth in Schedule and for no other reason. 7. Each of the other defendants herein and their respective claims or interests in the property herein sought to be foreclosed against are set forth and described in Schedule "B", which liens or claims, ifexisting at all,are subordinate and inferiorto the Plaintiff's rights, liens and /or security interests under the loan instruments, and said defendants reside or have a place of business at the addresses set forth therein (any that are corporations, limited liability corporations or limited partnerships, being organized and existing under the laws of the state set forth therein) and are made defendants in the Action in capacities therein alleged, or as alleged herein. 8. The Court has jurisdiction by virtue of Judiciary Law section 140-b and NYS Constitution Art VI, section 7. 9. Venue in Madison County is proper under CPLR section 507, because the Mortgaged Premises are located, in whole or in part, in Madison County. 10. The Mortgagor, for the purpose of securing and evidencing a promise to pay to Alliance Bank, NA, or its assignee, a sum of money, duly executed and acknowledged a NOTE dated June 2, 2011 (the "Note") wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to the terms of repayment of the Note allas more fully appears in the Note, a copy of which is attached hereto and made a part hereof as Exhibit "1". 11. As security for the payment of the indebtedness evidenced by the Note, a MORTGAGE dated June 2, 2011 (the "Mortgage") was executed, acknowledged and delivered 2 4 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 to Alliance Bank, NA, wherein and whereby the Mortgagor bargained and granted to the mortgagee, itssuccessors and assigns, a lien upon the premises more particularly described therein (hereinafter called the "Mortgaged Premises") under certain conditions with rights, duties and privileges between or among them as more fullyappears in the Mortgage, a copy of which is attached hereto and made a part hereof as Exhibit "2". 12. The Mortgage was duly recorded in the office of the Madison County Clerk on June 7, 2011, as Instrument No.: 2011-2805. The mortgage recording tax was then and there duly paid. 13. The Plaintiff is now the sole, true, and lawful holder of the Note and Mortgage. 14. The Note having been modified by a Modification to Mortgage Note effective March 1, 2017 (the "Note Modification") executed by the Mortgagor to NBT Bank, National Association, as successor by merger to Alliance Bank, wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to terms of repayment of the modified note, a copy of which is attached hereto and made a part hereof as Exhibit "3". 15. The Mortgage having been modified by a Loan Modification Agreement dated March 29, 2017 (the "Modification") executed by the Mortgagor to NBT Bank, National Association as successor by merger to Alliance Bank, wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to the terms of repayment of the Modification, a copy of which is attached hereto and made a part here of as Exhibit "4". 16. The Note, Mortgage, Note Modification, and Modification collectively shall be Documents" referred to as the "Loan hereinafter. 17. The loan evidenced by the Loan Documents is not a subprime home loan or a high-cost home loan, as such terms are defined in §6(L) of the Banking Law of the State of New York, and §1304 of the Real Property Actions and Proceedings Law of the State of New York 3 5 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 ("RPAPL"). 18. The loan evidenced by the Loan Documents is not a home loan as defined by §6(M) of the Banking Law of the State of New York and §1304 of the Real Property Actions and Proceedings Law ("RPAPL"), as the Mortgaged Premises is not the Mortgagor's primary residence as she is deceased. 19. The 90 day notice was sent by certified and regular mail to the Mortgaged Premises as a condition precedent to foreclosure pursuant to §1304(3), a copy of the 90 day notice is attached hereto and made a part hereof as Exhibit "5". 20. As a consequence, the filingwith NYS Department of Financial Services is not required. 21. The Mortgagor has failed and neglected to comply with the conditions of the Loan Documents by omitting and failing to pay the monthly installments for principal and interest 1st due on June 1, 2020, and the day of each and every month thereafter. 22. In accordance with the provisions of the Loan Documents, attached hereto as "1" Exhibits through "4", respectively, Plaintiff has elected and hereby elects to calldue the entire amount presently secured by the Mortgage, and require immediate payment in full. 23. To protect itssecurity, the Plaintiffhas paid or may be compelled to pay during the pendency of this action, local taxes, assessments, water rents, insurance premiums, mortgage insurance premiums, and other charges effected by the Mortgaged Premises, and the Plaintiffrequests that any sums so paid by ittogether with interest from the date of each payment, be added to the sum otherwise due and be deemed secured by the Mortgage, and be adjudged a valid lien on the Mortgaged Premises. 24. As of the date hereof there is now due and owing to the Plaintiff under the Loan Documents the principal amount of Ninety Three Thousand Six Hundred Eight and 78/100 Dollars ($93,608.78) together with interest, late fees and other charges. 4 6 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 25. The loan is owned or securitized by Freddie Mac, and the Plaintiff is a servicer or subservicer of that agency with respect to the loan being foreclosed. 26. A Certificate of Merit is not required as the Mortgagor is deceased and not a resident of the Mortgaged Premises. 27. There are no pending proceedings at law or otherwise to collect or enforce the Note and Mortgage, and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. 28. The Loan Documents provide that the Mortgagor agrees to pay the Plaintiff's attorneys' reasonable expenses in enforcing the Loan Documents, including reasonable fees. 29. In construing the allegations of this Complaint feminine pronouns shall be substituted for masculine pronouns, and plural terms shall be substituted for singular terms in any place or situation where the context so requires. WHEREFORE, Plaintiff demands judgment, adjudging and decreeing the amount due attorneys' the Plaintiff for principal, interest, costs, late charges and fees; that the Mortgagor and the remaining defendants and allpersons 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 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; that the Mortgaged Premises may be decreed to be sold according to the law; that out of the monies arising from the sale thereof, Plaintiff may be paid the amounts then due on said Note and Mortgage, and any sum which may have been paid by the Plaintiff to protect the lien of the Plaintiff's Mortgage with interest from the date of the respective payments and advances, the costs and expenses of this action, the additional allowance, ifany, so far as the amount of such money properly applicable will pay the sum; that the Mortgagors may be adjudged to pay any deficiency that may remain after applying allof the 5 7 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 proceeds of sale applicable thereto, and that the Plaintiffmay have such other or further relief, or both, in the premises as may be just and equitable. Dated: June 10, 2022 Clifton Park, New York BURGESS & ASSOCIAT .C. Melissa H. Pugliese, E q. Attorneys for Plaintiff 646 Plank Road, Suite 103 Clifton Park, New York 12065 (518) 371-0052 mpugliese@bapclaw.com 6 8 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 VERIFICATION I,MELISSA H. PUGLIESE, affirms under penalty of perjury, that: 1. I am duly admitted to the practice of law for the Courts of the State of New York. 2. I am an associate with Burgess & Associates P.C., the attorneys for the Plaintiffherein. 3. The material allegations of the pleading are within my personal knowledge after review of the books and records of the Plaintiff and recorded documents. 4. The allegations contained in the VERIFIED COMPLAINT are true to my knowledge except as to matters alleged upon information and belief and to those matters I believe said allegations to be true. Dated: June 10, 2022 Clifton Park, New York elissa H. Pugliese, Es . 9 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (THE ACT), 15 U.S.C. SECTION 1601 AS AMENDED 1. THE AMOUNT OF THE DEBT IS STATED IN THE COMPLAINT ATTACHED HERETO. 2. THE PLAINTIFF AS NAMED IN THE ATTACHED SUMMONS AND COMPLAINT IS THE CREDITOR TO WHOM THE DEBT IS OWED. 3. THE DEBT DESCRIBED IN THE COMPLAINT ATTACHED HERETO WILL BE ASSUMED TO BE VALID BY THE CREDITOR'S LAW FIRM, UNLESS THE DEBTOR, WITHIN THIRTY (30) DAYS AFTER THE RECEIPT OF THIS NOTICE, DISPUTES, IN WRITTEN, THE VALIDITY OF THE DEBT OR SOME PORTION THEREOF. 4. IF THE DEBTOR NOTIFIES THE CREDITOR'S LAW FIRM IN WRITING WITHIN THIRTY (30) DAYS OF THE RECElPT OF THIS NOTICE THAT THE DEBTOR OR ANY PORTION THEREOF IS DISPUTED, THE CREDITOR'S LAW FIRM WILL OBTAIN A VERIFICATION OF THE DEBT AND A COPY OF THE VERIFICATION WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM. 5. IF THE CREDITOR NAMED AS PLAINTIFF IN THE ATTACHED SUMMONS AND COMPLAINT IS NOT THE ORIGINAL CREDITOR, AND IF THE DEBTOR MAKES A WRITTEN REQUEST TO THE CREDITOR'S LAW FIRM WITHIN THE THIRTY (30) DAYS FROM THE RECEIPT OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM. 6. WRITTEN REQUESTS SHOULD BE ADDRESSED TO BURGESS & ASSOCIATES P.C., 646 PLANK ROAD, CLIFTON PARK, NEW YORK 12065. 7. THE ABOVE-REFERENCED THIRTY (30) DAY TIME PERIOD IN WHICH THE DEBTOR MAY DISPUTE THIS DEBT SHALL IN NO WAY AMEND OR EXTEND SAID DEBTOR'S STATUTORY TIME PERIOD, AS STATED IN THE ATTACHED SUMMONS, TO INTERPOSE AN ANSWER TO THE COMPLAINT IN THIS MATTER. 8 10 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 Schedule A ALL THAT TRACT OR PARCEL OF LAND situate inthe Cityof Oneida, County of Madison and State of New York, being part of subdivision 110 of Lincoln Park Tract, as shown on an amended map of said Tract made by J.M. Hutton, C.E. and filed inthe Madison County Clerk'sOffice August 14, 1915 and bounded and described as follows: Beginning at a point at the intersection of Cleveland Avenue and Oxford Street,as shown on said map, at the north east corner of Lot No. 110; and running thence southerly along the east lineof lot 110, 90 feet t a point;thence westerly at a rightangle 70 feet and on a lineparallelwith the north lineof tot No. 110; thence northerly 90 feet to a pointon the south lineof Cleveland Avenue 70 feet from the place of beginning; thence easterly 70 feet to the pointof beginning. ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate inthe City ofOneida, County of Madison and State of New York and on the southerly side of Cleveland Avenue, being Lot No. 111 ofthe Lincoln Park Tract as shown on an amended map of saidtract made by J.M. Hutton, C.E. and filed in the Madison County Clerk'sOffice August 7, 1915. Being the same premises conveyed to Anne E. Loomis by deed dated April 30, 2001 and recorded in the Madison County Clerk'sOffice April 30, 2001 in Book 1190 of Deeds at Page 176. 11 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 "B" SCHEDULE Party Interest Anne E. Loomis Owner/Mortgagor/Obligor Carrie Gapski Administrator of the Estate of Anne E. Loomis Oneida Healthcare Center Judgment Holder Madison County Index No.: CV-028541-15/ON Filed: 02/19/2016 Amount: $3,228.74 s:\BAPCLAW\4400.792 Estateof Loomis\verified.complaint.doc 9 12 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 EXHIBIT 1 13 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 NME L°^" ** 1425577547 JONE 2ND, 2011 ONEIDA NY [Date] [City) {State] 401 CLEVELANDAVENUE, ONEIDA., NY 13421 [Propeny Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I havereceived, I promiseto pay U.S. $ 86, 400.00 (this amountis called "Principal"), plus interest, to the order of the Lender. The Leaderis ALLIANCE BANK NA I will makeall paymentsunder this Note in the form of cash,checkor money order. I understandthat the Leader may transfer this Note. The Lender or anyonewho takes this Note by transfer and who is entitled to receivepaymentsunderthis Note is calledthe "Note Holder." 2. INTEREST Interestwill be chargedon unpaidprincipal until the full amountof Principal hasbeenpaid. I will pay interestat a yearly rate of 5.000 %. The interestraterequired by this Section2 is the rateI will pay both beforeandafter any default describedin Section6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal andinterest by making a paymentevery month. I will makemy monthly paymenton the isT day of eachmonth beginningon AUGusT 1sT, 2011 . I will makethesepaymentsevery month until Ihave paid all of the principal and interestand any other chargesdescribedbelow that I may owe under this Note. Each monthly payrnentwill be appliedasof its scheduledduedateandwill be applied to interestbefore Principa; If, on JULY 1ST, 2041 , I still owe amountsunderthis Note, I will pay thoseamountsin full on that date, which is called the "Maturity Date." I will make my monthly paymentsat 7956 ROUTE 11, CICERO, NY 13039 or at a different placeif required by the Note Holder. (B) Amount of Monthly Payments My monthly paymentwill be in the amountof U.S. S 463.82 . 4. BORROWER'S RIGHT TO PREPAY I havethe right to makepaymentsof Principal at any time before they aredue. A paymentof Principal only is known asa "Prepayment." When I makea Prepayment,I will tell the Note Holder in writing that I am doing so. I may not designatea payment asa Prepaymentif I have notinade all the monthly paymentsdue undertheNote. I may makea full Prepaymentor partial Prepaymentswithout paying a Prepaymentcharge.The Note Holder will use my Prepaymentsto reducetheamountof Principal that I owe underthis Note. However, the Note Holder may apply my Prepaymentto the accruedand unpaid intereston the Prepaymentamount, before applying my Prepaymentto reducethe Principal amountof the Note. If I makea partial Prepayment,therewill be no changesin the due dateor in the amountof my monthly paymentunlessthe Note Holder agreesin writing to thosechanges. oRKFlXED RATE - Single NOTE . Fannia Family MaatFreddle MacUNIFORMRUM INST ENT 3 1 ersKluwofFinancJal Wolf Services got of3 14 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 5. LOAN CHARGES If a law, which appliesto this loan andwhich setsmaximumloan charges,is finally interpretedso that the interestor other loan chargescollected or to be collectedin connectionwith this loanexceedthepermitted limits, then: (a) any suchloan charge shall be reducedby the amountnecessaryto reducethe chargeto the permittedlimit; and (b) any sumsalready collectedfrom me which exceededpermitted limits will be refundedto me. The Note Holder may chooseto makethis refund by reducing the Principal I owe under this Note or by making a direct paymentto rne. If a refund reducesPrincipal, the reductionwill be treatedas a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments 15 If the Note Holder hasnot receivedthe full amountof any monthly paymentby theend of calendardays after the dateit is due, I will pay a late chargeto the Note Holder. The amountof the chargewill be 2.000 % of my overduepaymentof principal andinterest. I will pay this late chargepromptly but only onceon eachlatepayment. (B) Default If I do not pay the full amountof cachmonthly paymenton the dateit is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may sendme a written notice telling me that if I do not pay the overdueamountby a certain date, the Note Holder may require me to pay immediatelythe full amountof Principal which basnot beenpaid andall the interest that I owe on that amount.That datemust be at least30 daysafter the dateon which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time whenI am in default, the Note Holder doesnot requiremeto pay immediatelyin full asdescribedabove, the Note Holder will still havethe 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 hasrequiredme to pay immediatelyin full asdescribedabove,the Note Holder will havethe right to be paid back by me for all of its costsandexpensesin enforcing this Note to theextentnot prohibited by applicablelaw. Those expensesinclude, for example,reasonableattorneys' fees. 7. GIVING OF NOTICES Unlessapplicablelaw requiresa different method, any notice that mustbegiven to me underthis Note will begiven by delivering it or by mailing it by first classmail to me at the Property Addressaboveor at a different addressif f give theNote Holder a notice of my different address. Any notice that mustbe given to the Note Holder underthis Note will be given by delivering it or by mailing it by first class mail to theNote Holder at the addressstatedin Section3(A) aboveor at a different addressif I am given a notice of that different address. 8. OBLIGATIONS OF PERSONSUNDER THIS NOTE If more than onepersonsignsthis Note, eachpersonis fully andpersonallyobligatedto keepall of the promisesmadein this Note, including the promiseto pay the full amountowed. Any personwho is a guarantor,surety or endorserof this Note is also obligated to do thesethings. Any personwho takesover theseobligations, including the obligations of a guarantor,surety or endorserof this Note, is alsoobligatedto keepall of the promisesmadein this Note. The Note Holder may enforceits rights under this Note againsteachpersonindividually or againstall of us together.This meansthat any oneof us may be requiredto pay all of the amountsowed underthis Note. 9. WAIVERS I and any other personwho hasobligationsunder this Note waive the rights of PresentmentandNotice of Dishonor. "Presentment"meansthe right to require the Note Holder to demandpaymentof amountsdue. "Notice of Dishonor" meansthe right to requirethe Note Holder to give notice to other personsthat amountsduehavenot beenpaid. oRKFlXED NoTE- RATE - Fannie ShieFamily Mse/FreMe MacUNIFORM INSTROM947 3 Walters Financlel IGover Services Page 2of3 15 of 72 FILED: MADISON COUNTY CLERK 06/10/2022 11:29 AM INDEX NO. EF2022-1335 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/10/2022 10. UNIFORM SECURED NOTE This Note is a uniform instrumentwith limited variationsin sornejurisdictions. In additionto the protectionsgiven to the Note Holder under this Note, a Mortgage, Deedof Trust, or Security Deed(the "Security Instrument"), datedthe samedateasthis Note, protectsthe Note Holder from possiblelosseswhich might result if I do not keepthepromiseswhich I makein this Note. That Security Instrument describeshow andunderwhat conditionsI may be requiredto makeimmediatepaymentin full of all amounts[ owe underthis Note. Someof thoseconditionsaredescribedasfollows: Leader may require immediatepaymentin full of all SumsSecuredby this SecurityInstrumentif all or any part of the Property, or if any right in the Property, is sold or transferredwithout Lender'sprior written permission. If Borrower is not a naturalpersonand a beneficialinterestin Borrower is sold or transferredwithout Lender's prior written permission, Lenderalso may require immediatepaymentin full. However, this option shall not be exercisedby Leader if suchexerciseis prohibited by Applicable Law. If Leaderrequiresimmediatepaymentin full underthis Section18, Leaderwill give me a notice which statesthis requirement.The notice will give me at least30 daysto makethe requiredpayment.The 30-dayperiod will begin on the datethe noticeis given to me in the mannerrequired by Section15of this Security Instrument. If I do not makethe requiredpaymentduring that period, Leader may act to enforceits rights under this Security Instrumentwithout giving me any further notice or demandfor payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (SeaQ (SeaQ AWB E LOOM l/ -Borrower -Borrower (Seaf (SeaJ -Borrower -Borrower . . . . [Sign Original Only) Refer to the attachedSignamreAddendumfor additionalpartiesand signatures: WORK FlXED RATE - SingleFemlly NOTE - Fannie Mae/Freddie