Preview
FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
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WELLS FARGO BANK, N.A. SUMMONS
Plaintiff,
vs
MORTGAGED PREMISES:
SCOTT P. MCCULLEN, LAURIE J. 13 Ethan Allen Street
MCCULLEN Fort Edward, NY 12828
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the 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
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.
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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.
Washington County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
DATED: August 1, 2022
/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716) 204-1700
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
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WELLS FARGO BANK, N.A. COMPLAINT
Plaintiff,
vs
MORTGAGED PREMISES:
SCOTT P. MCCULLEN, LAURIE J. 13 Ethan Allen Street
MCCULLEN Fort Edward, NY 12828
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s)
alleges upon information and belief as follows:
1. Plaintiff, WELLS FARGO BANK, N.A. is a national association organized and
existing under the laws of the United States of America and the owner and holder of the subject
note and mortgage or has been delegated authority to institute this mortgage foreclosure action
by the owner and holder of the subject note and mortgage and has the right to foreclose. Attached
here as Schedule A is an attorney-certified copy of the original note.
2. On or about March 14, 2016, Scott P. McCullen and Laurie J. McCullen executed
and delivered a note whereby Scott P. McCullen and Laurie J. McCullen promised to pay the
sum of $54,120.00 plus interest on the unpaid amount due.
3. As security for the payment of the note Scott P. McCullen and Laurie J. McCullen
duly executed and delivered a mortgage, in the amount of $54,120.00 which was recorded as
follows.
Recording Date: March 15, 2016
Instrument Number 2016-00104334
Office of the Washington County Clerk
The mortgage was subsequently assigned to WELLS FARGO BANK, N.A.
Said Mortgage was subsequently modified by a Loan Modification Agreement executed
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by Scott P. McCullen and Laurie J. McCullen on December 2, 2019 and recorded January 9,
2020 in Instrument Number 2020-126 in the Office of the Washington County Clerk.
4. The mortgaged property is known as 13 Ethan Allen Street, Fort Edward, NY 12828.
The tax map designation is Section 163.10 Block 3 Lot 24. Plaintiff is foreclosing the land,
buildings, and other improvements located on the property. The property is more fully described
in Schedule B attached to this complaint.
5. Scott P. McCullen and Laurie J. McCullen failed to comply with the conditions of
the note and mortgage by not making the payment that was due on October 1, 2020 and
subsequent payments.
6. There is now due and owing on the note and mortgage the following amounts:
Principal Balance: $54,584.79
Interest Rate: 3.625%
Date Interest Accrues from: September 1, 2020
Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing,
inspections, posting of notices, maintenance and preservation of the property.
7. In order to protect the value of the property and its rights in the property, the Plaintiff
may have to pay additional taxes, assessments, water charges, insurance premiums and other
charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the
foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the
total amount due.
8. The defendant(s) may have an interest encumbering the property, which is either
subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to
Plaintiff's mortgage. The interest of each defendant is set forth in "Schedule C" of this complaint.
9. The interest or lien of the United States of America, the State, City or local
government entity is set forth in "Schedule D" of this complaint.
10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law and with all provisions of section 595-a of the Banking Law and any rules or
regulations promulgated there under, and, if applicable, sections 6-l or 6-m of the Banking law.
11. No separate pending action was brought to recover any part of the mortgage debt or
if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of
the Plaintiff to discontinue it.
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment accelerating the maturity of the debt and determining the amount due
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Plaintiff for principal, interest, late charges, taxes, assessments, insurance,
maintenance and preservation of the property and other similar charges, together
with costs, allowances, expenses of sale, reasonable attorney's fees, all with
interest, pursuant to the terms of the Note and Mortgage.
b. That the property be sold at auction to the highest bidder in accordance with the
referee's terms of sale.
c. That the interest of the defendant(s) and all persons claiming by or through them
be foreclosed and their title, right, claim, lien, interest or equity of redemption to
the property be forever extinguished.
d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal,
interest, late charges, taxes, assessments, insurance, securing, inspections, posting
of notices, maintenance and preservation of the property, and other similar
charges, together with court costs, allowances, expenses of sale, and reasonable
attorney's fees, all with interest.
e. That the property be sold in as is condition and subject to the facts an inspection
or accurate survey of the property would disclose, covenants, restrictions,
easements and public utility agreements of record, building and zoning ordinances
and violations, and the equity of redemption of the United States of America.
f. That Plaintiff may purchase the property at the sale.
g. That a receiver be appointed for the property, if requested by Plaintiff.
h. That a deficiency judgment against Scott P. McCullen and Laurie J. McCullen, to
the extent allowable by law, for the amount that remains due after distribution of
the sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise
uncollectable, be granted if requested by Plaintiff.
i. That if the Plaintiff possesses other liens against the property, they not merge with
the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be
allowed to share in any surplus proceeds resulting from the sale.
j. That the Court award Plaintiff additional relief that is just, equitable and proper.
DATED: August 1, 2022
/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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Schedule A
Attached here as Schedule A is an attorney-certified copy of the original note. If applicable,
certain non-public personal information has been redacted from the attached document.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022
NOTE
March 14, 2016 SARATOGA, New York
[Date] [City] [State]
13 Ethan AllenSt, Fort
Edward, NY 12828
[PropertyAddress]
1. BORROWER'S PROMISE TO PAY
I promise to pay U S. $54,120.00
In retum for a loan that I have received, (this amount is called "Principal"),
to the order of the Lender. The Lender
plus interest, isHomestead Funding Corp.,a Corporation.
I will make all payments
underthis Note in the form of cash, check
or money order.
I understand this Note. The Lender or anyone who takes
that the Lender may transfer this Note by transfer
and who
is entitled
to receive
payments Holder."
under this Note is called the 'Note
2. INTEREST
will be charged
Interest on unpaidprincipal
until the full amount
of Principal
has beenpaid. 1will pay interest
at a
yearlyrate of
3.750 %
The Interest rate required
by this Section 2 is the rate I will pay both before and after any default described
In Section
6(B) of this Note.
3. PAYMENTS
(A)Time and Place ofPayments
I will pay principal
and interest
by makinga payment every month.
I will make my monthly
paymenion the 1st day of each month
beginningon May 1, 2016.
I will make these payments
ever y month
until I have paid all of the principal
and interest
andany other charges described
below this Note
that I may owe under Each monthly paymerit as of its scheduled
will be applied due date and will be
appliedto and
interest any otheritems in theorderdescribed in the Instrument
Security beforePrincipal.
If, on
April1, 2046, I still owe amounts
under this Note, I will pay those
amountsin full on that date,
which is
calledthe "Maturity
Date
I will make my monthly
payments at 8 Airline
Drive
Albany,NY 12205
or at a different
placeif requhed
by the Note Holder.
(B)Amount of MonthlyPayments
payment
My rnonthly will be in the arnount of U S. $250.64.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments at any lime before they are due. A paymen1of
of Principal Principal
only is known
as a 'Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designate
When I make a Prepayment,
a payment if I have not made
as a Prepayment all the monthly
payments due under the Note
I may makea full Prepayment
or partial
Prepayments withoutpayinga Prepayment charge.The Note Holderwill
use my Prepayments to reduce
the amountof Princt>al that I owe under this Note
However, the Note Holder may apply
my Prepayment to the accrued
and unpaid on the
Interest Prepayment amount.before my Prepayrnent
applying to
reduce the Principal
arnountof the Note. If I make
a par tial Prepayment, in the due date or in
there will be no changes
the arnount
of my monthlypayment unlessthe Nole Holder agrees to those changes.
in writing
S. LOAN CHARGES
so that the interest or
loan charges. is finally interpreted
If a law, which applies to this loan and which sets maxirnum
other toan charges
collected or to be collected
in connection
with this loan exceed the permitted
limits, then: (a) any such
loan charge shallbe
reduced by the amount necessary
to reduce the charge to the permitted limil: and (b) any sums already
from me whichexceeded
collected permitted limits will berefunded
to me. The Noto Holder may choose to make this refund
by reducing I owe under this Note or by making
the Principal a direct
payment to me. If a refund reduces the
Principal,
will be treated as a partial Prepayment.
reduction
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late ChargeforOverdue Payments
If the Note Holder has not received
the full amount
of any monthly
payment by the end of 15 calendar
days after
the date it is due, I will pay a late charge of the charge
to the Note Holder. The amount will be 4.000 % of my overdue
payment.I will pay this late charge
promptlybut only once on each late payment
(B)Default
If I do not pay the full amount
of each monthly
payment on the date it is due, I will be in default
(C)Noticeof Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately
the full amount of Principal which has not be
aid and
NEWYORKFlXEDRATENOTE- SingleFamdy-Fannie Mae/FreddleMacuNIFORMINSTRuMENT Form 32331/01
Modifiedfor FHA9/15(rev.2/16) Initials:
EWeMae,Inc. Page 1 of 2 FHA32.NYNT 0216
FHA3200NOT(CLS)
o3/11/201612:50PMPST
7 of 13
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022
LOAN
all the interest
that I owe on that amount. That date rnust be at least 30 days after the date on which the
notice is mailed
to me or delivered
byothermeans.
(D) No WaiverBy Note Holder
Even it. at a time when
I am in default,
lhe Note Holder does not require
me to pay immediately
in full as described
above,the Note Holder will still have the right to do so if I am in default
at a later time.
(E) Payrnent ofNote Holder'sCosts and EKpenses
If the Note Holder has required
me to pay irnmediately
in full as described
above,the Note Holder will have the right
to be paid back by me for all of its costs and expenses
in enforcing
this Note to the extent not prohibited
by applicable
kiw. Thoseexpensesinclude,for example,
reasonableattorneys'
fees.
7. GiVING OF NOTICES
Unlessapplicable
law requires
a different
method, any notice that must be given to me under this Note will be given
it or by mailing It by first class mall to me at the
by delivering
Property Address
above or at a different address
if I give the
Note Holder a notice of my different
address.
Any notice that must be given to the Note Holder under this Note will be given
it or by mailing it by first
by delivering
class mall to the Note Holder al the address stated in Sectbn
3(A) above or at a different address if I am given a notice of
that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more
than one per son signs
this Note, each
personis fully and obligated
personally to keepall of the promises
made in this Note. including
the promise lo pay the full amount
owed. Any person who is a guarantor.
of this Note is also obligated
to do these things. Any person surety or endorser
who lakesover theseobligations, the obligations
of a guarantor, orendorser Including
surely ofthisNote.is
also obligated
to keep all of the promises
made In this Note
Holder The Note
may enforceits rights under
this Note against
each person individually
or against
all of us together
that any one of us may be required This means
to pay all of the amounts
owed under this Note.
9. WAlVERS
I and any other person who has obligations
under this Note waive the rights of Presentment
'Presentment' and Notice of Dishonor.
means the right
to require
the Note Holder
means the righi to require
to demand payment of amounts of Dishonor'
due. 'Notice
the Note Holder
10give notice to other persons
that amounts
due have nol beenpaid
10. UNIFORM SECURED NOTE
This Note is a uniform Instrurnent with limitedIn some jurisdicIlons.
variations In addition
to the protections
given to
the Note Holder under this Note. a Mortgage,
Deed of Trust, or Security Deed (the
date as this Note. protects the Note Holder from "Security dated the same
Instrument'),
possible
losses which might result
if I do not keep the promises
which I
make in this Note
Thal Security
Instrument
describeshow and under what conditions
I may be required to make irnmedi-
ate payrnent
in full of all arnounts I owe under this Note
Some of those conditions
are described
as follows
Lender may require
Immediate paymentin full of all Sums Secured
by this Security
part of the Property, or If any right in the Property. is sold or
Instrument
if all or any
transferred
withoutLender'spnor written permission,
if Borrower
is not a natural
personand a beneficial
interest
in Borrower
is sold or transferred
withoutLender's
prior written Lender
permission, also may requreimmediatepayment in full
However this option
shall not be
exercisedby Londerif such exercise
is prohibited
by Applk:able
Law.
If Lender requires
imrnediate payment
in full under this Section
17. Lender will give me a notice which states
this requirernent.
The notice will give me at least 30 days to make the required
payment The 30-dayperiod will
begin on the date the notice is given to me In the inanner
required 14 of this Security
by Section InstrumentIf
I do not make the required
payment that poriod,
Lender may act to enforce
during Its rights under this Security
Instrumentwithout
givingme any further
notice or demand
for payment.
WITNESS THE HAND(S) AND SE AL(S) OF THE UNDERSIGNED,
SCOT P MCCU (Seat)
Lander: Homestead Funding Corp.
NMLS ID:
Loan Origmator: KellieMcMorris
NMLS ID:
to the order of
Pay NA
wens FargO Bank,
By: ¬
le Nardacci, Officer
Homestead Funding Corp.
[Sign Original
Only]
NEWYORKFlXEDRATENOTE- Single
Family- FannieMaelFred&eMacuNIFORMINSTRUMENT Form 32331/01 -
Modmedfor FHA9/15(rev.2/16)
Ellie Mae.inc. Initials
Page 2 of 2 FHA3200NYNT0216
FHA32OoNoT(CLS)
o3/11/201612:50PMPST
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022
MTHouT RECOURSE
PAY To THE ORDER OF
WELLS FARGO BANK NA
--
gy
SENIOR VICE PRESt5
JACIqE C. MUELLER
w"«wneoooms
PAY To THE
I LED
"
RGO BANK, N.A.
BY
DAVID C. PETERSON, 8 VICE PRESIDENT
009
Pursuant to CPLR 2105 I have compared
this document with the original and found
itto be a true and co copy
Signed:
Name: ( 22]
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Schedule B - Legal Description
A.LL- THAT OR PARCEL OF rituate in the Town of Port Edwar
TRACT LAND,
Preview
FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON ----------------------------------------------------------------X WELLS FARGO BANK, N.A. SUMMONS Plaintiff, vs MORTGAGED PREMISES: SCOTT P. MCCULLEN, LAURIE J. 13 Ethan Allen Street MCCULLEN Fort Edward, NY 12828 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the 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 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. 1 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 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. Washington County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: August 1, 2022 /s/ Ashley M Pascuzzi Ashley M Pascuzzi, Esq Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716) 204-1700 2 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON ----------------------------------------------------------------X WELLS FARGO BANK, N.A. COMPLAINT Plaintiff, vs MORTGAGED PREMISES: SCOTT P. MCCULLEN, LAURIE J. 13 Ethan Allen Street MCCULLEN Fort Edward, NY 12828 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: 1. Plaintiff, WELLS FARGO BANK, N.A. is a national association organized and existing under the laws of the United States of America and the owner and holder of the subject note and mortgage or has been delegated authority to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage and has the right to foreclose. Attached here as Schedule A is an attorney-certified copy of the original note. 2. On or about March 14, 2016, Scott P. McCullen and Laurie J. McCullen executed and delivered a note whereby Scott P. McCullen and Laurie J. McCullen promised to pay the sum of $54,120.00 plus interest on the unpaid amount due. 3. As security for the payment of the note Scott P. McCullen and Laurie J. McCullen duly executed and delivered a mortgage, in the amount of $54,120.00 which was recorded as follows. Recording Date: March 15, 2016 Instrument Number 2016-00104334 Office of the Washington County Clerk The mortgage was subsequently assigned to WELLS FARGO BANK, N.A. Said Mortgage was subsequently modified by a Loan Modification Agreement executed 3 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 by Scott P. McCullen and Laurie J. McCullen on December 2, 2019 and recorded January 9, 2020 in Instrument Number 2020-126 in the Office of the Washington County Clerk. 4. The mortgaged property is known as 13 Ethan Allen Street, Fort Edward, NY 12828. The tax map designation is Section 163.10 Block 3 Lot 24. Plaintiff is foreclosing the land, buildings, and other improvements located on the property. The property is more fully described in Schedule B attached to this complaint. 5. Scott P. McCullen and Laurie J. McCullen failed to comply with the conditions of the note and mortgage by not making the payment that was due on October 1, 2020 and subsequent payments. 6. There is now due and owing on the note and mortgage the following amounts: Principal Balance: $54,584.79 Interest Rate: 3.625% Date Interest Accrues from: September 1, 2020 Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property. 7. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay additional taxes, assessments, water charges, insurance premiums and other charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 8. The defendant(s) may have an interest encumbering the property, which is either subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. The interest of each defendant is set forth in "Schedule C" of this complaint. 9. The interest or lien of the United States of America, the State, City or local government entity is set forth in "Schedule D" of this complaint. 10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law and with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-l or 6-m of the Banking law. 11. No separate pending action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. WHEREFORE, PLAINTIFF DEMANDS: a. Judgment accelerating the maturity of the debt and determining the amount due 4 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest, pursuant to the terms of the Note and Mortgage. b. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. c. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title, right, claim, lien, interest or equity of redemption to the property be forever extinguished. d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property, and other similar charges, together with court costs, allowances, expenses of sale, and reasonable attorney's fees, all with interest. e. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. f. That Plaintiff may purchase the property at the sale. g. That a receiver be appointed for the property, if requested by Plaintiff. h. That a deficiency judgment against Scott P. McCullen and Laurie J. McCullen, to the extent allowable by law, for the amount that remains due after distribution of the sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise uncollectable, be granted if requested by Plaintiff. i. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. j. That the Court award Plaintiff additional relief that is just, equitable and proper. DATED: August 1, 2022 /s/ Ashley M Pascuzzi Ashley M Pascuzzi, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 5 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 Schedule A Attached here as Schedule A is an attorney-certified copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. 6 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 NOTE March 14, 2016 SARATOGA, New York [Date] [City] [State] 13 Ethan AllenSt, Fort Edward, NY 12828 [PropertyAddress] 1. BORROWER'S PROMISE TO PAY I promise to pay U S. $54,120.00 In retum for a loan that I have received, (this amount is called "Principal"), to the order of the Lender. The Lender plus interest, isHomestead Funding Corp.,a Corporation. I will make all payments underthis Note in the form of cash, check or money order. I understand this Note. The Lender or anyone who takes that the Lender may transfer this Note by transfer and who is entitled to receive payments Holder." under this Note is called the 'Note 2. INTEREST will be charged Interest on unpaidprincipal until the full amount of Principal has beenpaid. 1will pay interest at a yearlyrate of 3.750 % The Interest rate required by this Section 2 is the rate I will pay both before and after any default described In Section 6(B) of this Note. 3. PAYMENTS (A)Time and Place ofPayments I will pay principal and interest by makinga payment every month. I will make my monthly paymenion the 1st day of each month beginningon May 1, 2016. I will make these payments ever y month until I have paid all of the principal and interest andany other charges described below this Note that I may owe under Each monthly paymerit as of its scheduled will be applied due date and will be appliedto and interest any otheritems in theorderdescribed in the Instrument Security beforePrincipal. If, on April1, 2046, I still owe amounts under this Note, I will pay those amountsin full on that date, which is calledthe "Maturity Date I will make my monthly payments at 8 Airline Drive Albany,NY 12205 or at a different placeif requhed by the Note Holder. (B)Amount of MonthlyPayments payment My rnonthly will be in the arnount of U S. $250.64. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments at any lime before they are due. A paymen1of of Principal Principal only is known as a 'Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designate When I make a Prepayment, a payment if I have not made as a Prepayment all the monthly payments due under the Note I may makea full Prepayment or partial Prepayments withoutpayinga Prepayment charge.The Note Holderwill use my Prepayments to reduce the amountof Princt>al that I owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid on the Interest Prepayment amount.before my Prepayrnent applying to reduce the Principal arnountof the Note. If I make a par tial Prepayment, in the due date or in there will be no changes the arnount of my monthlypayment unlessthe Nole Holder agrees to those changes. in writing S. LOAN CHARGES so that the interest or loan charges. is finally interpreted If a law, which applies to this loan and which sets maxirnum other toan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shallbe reduced by the amount necessary to reduce the charge to the permitted limil: and (b) any sums already from me whichexceeded collected permitted limits will berefunded to me. The Noto Holder may choose to make this refund by reducing I owe under this Note or by making the Principal a direct payment to me. If a refund reduces the Principal, will be treated as a partial Prepayment. reduction 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late ChargeforOverdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge of the charge to the Note Holder. The amount will be 4.000 % of my overdue payment.I will pay this late charge promptlybut only once on each late payment (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C)Noticeof Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not be aid and NEWYORKFlXEDRATENOTE- SingleFamdy-Fannie Mae/FreddleMacuNIFORMINSTRuMENT Form 32331/01 Modifiedfor FHA9/15(rev.2/16) Initials: EWeMae,Inc. Page 1 of 2 FHA32.NYNT 0216 FHA3200NOT(CLS) o3/11/201612:50PMPST 7 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 LOAN all the interest that I owe on that amount. That date rnust be at least 30 days after the date on which the notice is mailed to me or delivered byothermeans. (D) No WaiverBy Note Holder Even it. at a time when I am in default, lhe Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E) Payrnent ofNote Holder'sCosts and EKpenses If the Note Holder has required me to pay irnmediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable kiw. Thoseexpensesinclude,for example, reasonableattorneys' fees. 7. GiVING OF NOTICES Unlessapplicable law requires a different method, any notice that must be given to me under this Note will be given it or by mailing It by first class mall to me at the by delivering Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given it or by mailing it by first by delivering class mall to the Note Holder al the address stated in Sectbn 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one per son signs this Note, each personis fully and obligated personally to keepall of the promises made in this Note. including the promise lo pay the full amount owed. Any person who is a guarantor. of this Note is also obligated to do these things. Any person surety or endorser who lakesover theseobligations, the obligations of a guarantor, orendorser Including surely ofthisNote.is also obligated to keep all of the promises made In this Note Holder The Note may enforceits rights under this Note against each person individually or against all of us together that any one of us may be required This means to pay all of the amounts owed under this Note. 9. WAlVERS I and any other person who has obligations under this Note waive the rights of Presentment 'Presentment' and Notice of Dishonor. means the right to require the Note Holder means the righi to require to demand payment of amounts of Dishonor' due. 'Notice the Note Holder 10give notice to other persons that amounts due have nol beenpaid 10. UNIFORM SECURED NOTE This Note is a uniform Instrurnent with limitedIn some jurisdicIlons. variations In addition to the protections given to the Note Holder under this Note. a Mortgage, Deed of Trust, or Security Deed (the date as this Note. protects the Note Holder from "Security dated the same Instrument'), possible losses which might result if I do not keep the promises which I make in this Note Thal Security Instrument describeshow and under what conditions I may be required to make irnmedi- ate payrnent in full of all arnounts I owe under this Note Some of those conditions are described as follows Lender may require Immediate paymentin full of all Sums Secured by this Security part of the Property, or If any right in the Property. is sold or Instrument if all or any transferred withoutLender'spnor written permission, if Borrower is not a natural personand a beneficial interest in Borrower is sold or transferred withoutLender's prior written Lender permission, also may requreimmediatepayment in full However this option shall not be exercisedby Londerif such exercise is prohibited by Applk:able Law. If Lender requires imrnediate payment in full under this Section 17. Lender will give me a notice which states this requirernent. The notice will give me at least 30 days to make the required payment The 30-dayperiod will begin on the date the notice is given to me In the inanner required 14 of this Security by Section InstrumentIf I do not make the required payment that poriod, Lender may act to enforce during Its rights under this Security Instrumentwithout givingme any further notice or demand for payment. WITNESS THE HAND(S) AND SE AL(S) OF THE UNDERSIGNED, SCOT P MCCU (Seat) Lander: Homestead Funding Corp. NMLS ID: Loan Origmator: KellieMcMorris NMLS ID: to the order of Pay NA wens FargO Bank, By: ¬ le Nardacci, Officer Homestead Funding Corp. [Sign Original Only] NEWYORKFlXEDRATENOTE- Single Family- FannieMaelFred&eMacuNIFORMINSTRUMENT Form 32331/01 - Modmedfor FHA9/15(rev.2/16) Ellie Mae.inc. Initials Page 2 of 2 FHA3200NYNT0216 FHA32OoNoT(CLS) o3/11/201612:50PMPST 8 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 MTHouT RECOURSE PAY To THE ORDER OF WELLS FARGO BANK NA -- gy SENIOR VICE PRESt5 JACIqE C. MUELLER w"«wneoooms PAY To THE I LED " RGO BANK, N.A. BY DAVID C. PETERSON, 8 VICE PRESIDENT 009 Pursuant to CPLR 2105 I have compared this document with the original and found itto be a true and co copy Signed: Name: ( 22] 9 of 13 FILED: WASHINGTON COUNTY CLERK 09/08/2022 09:19 AM INDEX NO. EC2022-34351 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/08/2022 Schedule B - Legal Description A.LL- THAT OR PARCEL OF rituate in the Town of Port Edwar TRACT LAND,