Preview
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
MORTGAGE FORECLOSURE
U.S. Bank National Association, as Indenture Trustee for COMPLAINT
Ajax Mortgage Loan Trust 2020-A, Mortgage-Backed
Securities, Series 2020-A, Index No. _______________
Plaintiff, Date Filed:______________
-against-
Debbie A. Markson a/k/a Debbie Markson, and “JOHN
DOE”, said name being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises being
foreclosed herein, and any parties, corporations or entities, if
any, having or claiming an interest or lien upon the
mortgaged premises,
Defendants.
The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and
still is a duly authorized Corporation or Association and having an office at c/o 13190 SW 68th
Parkway, Suite 200, Tigard, OR 97223.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants 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.
22-090882 Complaint Page 1 of 8
1 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
MORTGAGE FORECLOSURE
U.S. Bank National Association, as Indenture Trustee for COMPLAINT
Ajax Mortgage Loan Trust 2020-A, Mortgage-Backed
Securities, Series 2020-A, Index No. _______________
Plaintiff, Date Filed:______________
-against-
Debbie A. Markson a/k/a Debbie Markson, and “JOHN
DOE”, said name being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises being
foreclosed herein, and any parties, corporations or entities, if
any, having or claiming an interest or lien upon the
mortgaged premises,
Defendants.
The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and
still is a duly authorized Corporation or Association and having an office at c/o 13190 SW 68th
Parkway, Suite 200, Tigard, OR 97223.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants 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.
22-090882 Complaint Page 1 of 8
2 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
Third: 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 (by whatever name designated) if made parties to this action and if appearing in
Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
no other reason.
Fourth: Heretofore, the defendant(s), Debbie A. Markson, for the purpose
of securing to Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for
LSF8 Master Participation Trust, its successors and assigns, the sum of $166,919.84, duly made
a certain bond, note, consolidation, extension, modification, recasting, or assumption 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 Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for
LSF8 Master Participation Trust, its successors and assigns, in said bond, note or other
instrument, a copy of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a consolidation,
extension and/or modification agreement was executed, acknowledged and delivered to Caliber
Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master
Participation Trust, its successors and assigns, recorded in the Saratoga County Clerk’s Office on
September 30, 2019, at Instrument Number 2019027756 of Mortgages, page , wherein and
whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold
to the mortgagee, its successors and assigns, the premises more particularly described therein,
22-090882 Complaint Page 2 of 8
3 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
hereinafter called "mortgaged premises", under certain conditions with rights, duties and
privileges between or among them as more fully appears in said consolidation, extension and/or
modification agreement, a copy of which is attached hereto and made a part hereof. Said
Recorded Loan Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to
in Schedule "D" hereof to form a single first mortgage lien in the sum of $166,919.84.
Sixth: The Plaintiff is the current 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. If Plaintiff is not the original owner
and holder of the subject note and mortgage then information regarding the chain of title will be
contained in Schedule "D".
Seventh: The said mortgages were duly recorded and the mortgage tax due
thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the
place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to
the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
Eighth: The defendant(s), Debbie A. Markson, so named, have failed and
neglected to comply with the conditions of said mortgage, bond or note by omitting and failing
to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance
premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does
hereby elect to call due the entire amount presently secured by the mortgage described in
paragraph "FIFTH" hereof.
22-090882 Complaint Page 3 of 8
4 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
Ninth: Heretofore and prior to the commencement of this action, part of
the original principal sum may have been paid to apply on said indebtedness and there remains
due the amount set forth in Schedule "C".
Tenth: In order to protect its security, the plaintiff has paid, or will pay, as
may be compelled 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 (together with interests 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, the amount of which will ultimately be
determined by the Court.
Eleventh: The defendants herein have, or claim 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, has been paid, or is otherwise subordinate to, the lien of plaintiff's
mortgage.
Twelfth: There are no pending proceedings at law or otherwise to collect or
enforce said bond/note and mortgage and there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this Complaint
are expressly incorporated and made a part of this 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.
22-090882 Complaint Page 4 of 8
5 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
Fifteenth: The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: 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.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: Plaintiff has complied with all the provisions of section five-
hundred ninety-five-a of the New York State Banking Law and any rules and regulations
promulgated thereunder, section six-l or six-m of the New York State Banking Law and section
thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL).
Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by
filing the form required by the superintendent of financial services within three business days of
mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the
22-090882 Complaint Page 5 of 8
6 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
New York State Department of Financial Services f/k/a New York State Banking Department; a
copy of the Proof of Filing Statement is attached hereto and made a part hereof.
Twentieth: To the extent the original obligation was discharged in bankruptcy
under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a
debt or to impose personal liability for such obligation. However, the secured party retains all
rights, and hereby exercises its right to foreclose its lien, under its security instrument.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
(b) That the defendants 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, or interest, or equity of
redemption in and to said mortgaged premises;
(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then 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;
(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note 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 and as provided for in
22-090882 Complaint Page 6 of 8
7 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
(e) That either or any of the parties to this action may become a purchaser upon such
sale;
(f) That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the defendant(s), Debbie A. Markson, unless discharged in bankruptcy may
be adjudged to pay any deficiency that may remain after applying all of said monies so applicable
thereto;
(h) That the United States of America shall have the right of redemption, if
applicable;
(i) That the plaintiff may have such other or further relief, or both, in the premises as
may be just and equitable.
Plaintiff specifically reserves itsright to share in any surplus monies arising from the sale
of subject premises by virtue of itsposition as a judgment or other lien creditor excluding the
mortgage being foreclosed herein.
8/2w2022 \
Dated:
Justin Vall
Associate Ath--
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 22-090882
22-090882 Complaint Page 7 of8
8 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Debbie A. Markson Owner of record and Obligor by virtue of the
a/k/a Debbie Markson Consolidation and/or Modification
15 East Broadway Agreement referred to in Schedule D attached
Saratoga Springs, NY 12866 hereto.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
22-090882
9 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SCHEDULE B – DEFENDANTS
NONE
22-090882
10 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $166,919.84
2. Last installment due and paid November 30, 2019
3. Date of first unpaid installment/
default date December 30, 2019
AMOUNT DUE
4. Principal balance owing
a) Principal balance owing $166,862.42
(Interest bearing principal balance under Loan Modification Agreement)
b) Principal balance owing $194.53
(Deferred principal balance)
5. *Interest @ 2.5%
from November 30, 2019 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004.
22-090882
11 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SCHEDULE D
The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated
February 28, 2019, executed by Debbie A. Markson, as Mortgagor(s) to Caliber Home Loans,
Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, as
Mortgagee, to secure the sum of $166,919.84, and recorded in the Saratoga County Clerk’s
Office on September 30, 2019, at Instrument Number 2019027756 of Mortgages, page .
The foregoing instrument consolidated and/or modified the following mortgage(s): The
Mortgage given by Debbie A. Markson to Household Finance Realty Corporation of New York
to secure the sum of $70,212.11 dated May 20, 1999 and recorded on May 25, 1999 in Book
02324, page 00131. The Consolidation, Extension and Modification Agreement given by
Debbie A. Markson to Household Finance Realty Corporation of New York to secure the sum of
$103,947.46 dated February 16, 2004 and recorded on February 19, 2004 in Book 03463, page
00223. The Mortgage was transferred to LSF8 Master Participation Trust and said transfer was
memorialized by an Assignment of Mortgage dated November 13, 2014 and recorded on
November 26, 2014 in Instrument Number 2014034815. The Mortgage was transferred to U.S.
Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust and said transfer was
memorialized by an Assignment of Mortgage dated August 5, 2016 and recorded on August 18,
2016 in Instrument Number 2016025431. The Loan Modification Agreement given by Debbie
A. Markson to Caliber Home Loans, Inc., as Loan Servicer to secure the sum of $93,545.42
dated December 16, 2016. The Loan Modification Agreement given by Debbie A. Markson to
Caliber Home Loans, Inc., as Loan Servicer to secure the sum of $165,438.58 dated July 17,
2018.
The Mortgage was transferred from U.S. Bank Trust, N.A., as Trustee for LSF8 Master
Participation Trust to Goldman Sachs Mortgage Company, and said transfer was memorialized
by an Assignment of Mortgage executed on November 5, 2020 and recorded December 21, 2020
at Instrument Number 2020036270. The Mortgage was subsequently transferred from Goldman
Sachs Mortgage Company to MTGLQ Investors, L.P., and said transfer was memorialized by an
Assignment of Mortgage executed on June 11, 2021 and recorded June 21, 2021 at Instrument
Number 2021021728. The Mortgage was subsequently transferred to AJAX Mortgage Loan
Trust 2020-A, Mortgage-Backed Securities, Series 2020-A, by U.S. Bank National Association
as Indenture Trustee, and said transfer was memorialized by an Assignment of Mortgage
executed on June 11, 2021 and recorded June 21, 2021 at Instrument Number 2021021729.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
22-090882
12 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
SARATOGA COUNTY CLERK
COUNTY CLERK'S RECORDING PAGE
RECEIPT NO.: 162335 BOOK OF DEEDS
BOOK 01486 PAGE 00001
NO. PAGES 2
INDEXED BY
INSTRUMENT CODE: DED
SCANNED BY:
INSTRUMENT NO.: 9804605
RECORDING:
RECORDING DEED FEES 14.00
EDUCATION FEE 5.00
DEEDS - EA-5217 25.00
FILING FEE 5.00
TOTAL: 49.00
*****NOTICE: THIS IS NOT A BILL*****
STATE OF NEW YORK TRANSFER TAX
SARATOGA COUNTY CLERK
Transfer Tax 124.00
RECORDED ON 04/13/98 AT 01:04 PM
Transfer Tax# 9804605
IN BOOK DEEDS PAGE 00001 OF 01486
Kathleen A. Marchione
SARATOGA COUNTY CLERK
THIS PAGE IS PART OF THE INSTRUMENT
13 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC.v.simermi
NO. 2 N.Y.DEED-WARRANTYWITHUENCOVENANT Form306S BOOK
wrum5ONuW RECEIVED Y.IM09
CO,ROCHESTERE
NYSCEF: 09/13/2022
a-si.mps (LAWSOF1917,CHAP.681,CHAP.627,LAWSOF 1932)
Made the 3rd dGVO
April Nineteen Hundred and Ninety-Eight
Between
BONNIE J. SALISBURY, residing at 15 East Broadway, Saratoga
Springs, New York 12866 ,
party of the first part, and
DEBBIE A. MARKSON, residing at 240 County Road 75,
Mechanicville, New York 12118 ,
party of the second part,
Witnesseth that the party of the first part, in consideration of
ONE AND 00/100 - - - - - - - - - - - - - - - - - - - - - -Dollar ($1.00 )
lawful money of the United States, and other good and valuable consideration
paid by the part y of the second part, do es hereby grant and release unto the
party of the second part, her heirs and assigns forever, all
THAT PIECE OR PARCEL OF LAND situate and being in the City of
Saratoga Springs, County of Saratoga, State of New York, and known
and designated as Lot Number Ninety-Eight (98), on the map of
Brantville, filed in the County Clerk's office of Saratoga County
at Ballston Spa, New York on the seventeenth day of April, 1890,
-
and filed in Book R-4, Page 30.,
BEING the same premises conveyed by Executor's Deed from Nancy
Fontaine as Executrix of the Last Will and Testament of Dorothy
Saxton, deceased, to Bonnie J. Salisbury, bearing the date March
22, 1996 and filed and recorded at the Saratoga County Clerk's
office in Book 1432 at Page 682.
ALSO BEING the same premises conveyed from Hattie M. Cole to
Norbert K. Saxton and Dorothy H. Saxton, his wife by deed dated
September 29, 1973 and recorded October 11, 1973 in Book 931 of
Deeds at Page 274. Norbert K. Saxton died a resident of Saratoga
County on January 1, 1983 leaving surviving his wife Dorothy H.
Saxton. The said Dorothy H. Saxton died on March 28, 1995. Her
Last Will and Testament was probated in the Saratoga County
Surrogate's Court on September 7, 1995 and Letters Testamentary
were issued to Nancy Fontaine.
i 2 a1486 n 4
14 of 75
FILED: SARATOGA COUNTYwithCLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
Together the oppurtenances and all the estate and rights of the part y
NYSCEF DOC. NO. 2 of the first part in and to said premises, RECEIVED NYSCEF: 09/13/2022
To have and to hold the premises herein granted unto the part y of the
Second her heirs and assigns forever.
part,
And said party of the first part
covenant s as follows:
First, That the part y of the second part shall quietly enjoy the said premises;
Second, That said party of the first part
will forever Warrant the titleto said premises.
Third, That, in Compliance with Sec. 13 of the Lien Law, the grantor will
receive the consideration for this conveyonce and willhold the right to receive such
consideration as a trust fund to be applied firstfor the purpose of paying the cost of
the improvement and u>illapply the same first to the payment of the cost of the
improvement before using any part of the totalof the same for any other purpose.
In Witness Whereof, the party of the first part has hereunto set her
hand and seal the day and year first above written.
]jn lrescuce of
BONN1E J. AL1SBUKY
State of New York On this 3rd day of April
ss.
County of ( Nineteen Hundred and Ninety-Eight
before me, the subscriber, personally appeared
BONNIE J. SALISBURY
to me personally known and known to me to be the same person described in and
who executed the within instrument, and she acknowledged
to me that he executed the same.
Notary Public
f6001514
1486of
15 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 LOAN REPAYMENT AND SECURITY AGREEMENT (PageRECEIVED
1 of 3)
NYSCEF: 09/13/2022
CREDITOR (called "We", "Us", "Our")
HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK
54 THE CROSSING BLVD
BO X 17
CLIFTON PARK NY 12065
BORROWERS (called "You", "Your") LOAN NO:
MARKSON , DEBB I E A
SS# I 347
15 E BROADWAY
SAR A TOGA NY 1 2866
DATE OF AGREEMENT IRST PAYMENT OTHERS FINAL PAYMENT : CONTRACT RATE
DUE DATE SAME DAY OF DUE DATE (PER YEAR):
05 / 20 / 99 06 / 20/ 99 EACH MONTH 05 / 20/ 19 10 . 990
RINCIPAL
65999 . 38 702 12 . 1 1
POINTS:
s 421 2. 73
CREDIT INSURANCE PREMlUMS
LIFE DISABILITY:
NONE s NONE
MONTHLY INSTALLMENT PAYMENTS FINAL BALLOON PAYMENT NUGlBER OF MONTHLY
FIRS OTHERS: (ExceptBalloon) PAYMENTS:
s 724 . 27 | s 724 . 27 NONE 240 ________
YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS.
must insurance for thisloan as indicated "YES"
REQUIRED INSURANCE. You obtain forterm of loancovering security by the word
below, naming us as Loss Payee:
Y ES Titleinsurance on real estatesecurity.
YES Fire and extended coverage insurance on real estatesecurity.
"Insured" "Security"
Physical damage insurance on motor vehicle marked under above.
"Insured" "Security"
Physical damage insurance on other property marked under above.
You may obtain any required insurance from anyone you choose.
NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS.
10-24-97 L/S NY S.I.
(PPP)
ORIGINAL
16 of 75
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022
LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3)
PAYMENT. In return for thisloan, you shallpay us the Principal (Amount Financed plus Points) and Simple Interest in
monthly payments as shown above with finalBalloon Payment, if any. Interest shall be computed at the Contract Rate
shown above on actual unpaid balances of Principal for the actual time outstanding, until fully paid. Every payment shall
be applied first to unpaid delinquency charges, then to Interest at the Contract Rate to date of actual payment, and then to
the unpaid balance of Principal. Unpaid delinquency charges will not be added to unpaid balance of Principal. You willpay
at our business address above or other address given you. If more than one Borrower is named above, we may enforce this
contract against all,or any, Borrowers, but not in a combined amount greater than the amount owed.
DATE ON WHICH FINANCE CHARGE BEGINS. If you do not cancel this loan according to your "Notice of Right to
Rescind,"
the date on which Finance Charge begins, payment dates, and effective date of optional insurance purchased in
connection with this loan are postponed by the number of days from this Agreement's date to date you receive this loan.
PAY-OUTS. You agree to pay-outs of Amount Financed as shown on the Truth-In-Lending disclosure form. If pay-outs
change because loan closing isdelayed, (a) you will pay additional amounts due atclosing, or (b) your cash or check will be
reduced to cover additional pay-outs.
PREPAYMENT. You may pay any amount in advance. If you fullyprepay the entire outstanding balance of your account,
you may have to pay a penalty as described below. Points are part of the Finance Charge and are fully earned when the
loan ismade. You will not be entitled to a refund of the points portion of Finance Charges.
PREPAYMENT PENALTY. If you prepay the entire outstanding balance of your account at any time within one (1) year
of the contract date, and your account iscancelled (including a release of the Mortgage on your real estate), you agree to
pay a prepayment penalty equal to not more than 6 months advance daily interest (computed at the Contract Rate shown
on page one) on the unpaid balance as of the pay off date. No prepayment penalty will be imposed: (a) at the time this
loan is refinanced by another loan with us; (b) for prepayment by proceeds of any credit insurance or acceleration after
default; or (c) on the one year anniversary date of the contract or thereafter.
LATE CHARGE. If you don't fully pay any installment within 15 days after it'sdue, you shall also pay 2% of that
installment (except any final balloon payment) as a late charge. The 15 day period shall run from the due dates stated on
page one, even though our office may be closed
Preview
FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA MORTGAGE FORECLOSURE U.S. Bank National Association, as Indenture Trustee for COMPLAINT Ajax Mortgage Loan Trust 2020-A, Mortgage-Backed Securities, Series 2020-A, Index No. _______________ Plaintiff, Date Filed:______________ -against- Debbie A. Markson a/k/a Debbie Markson, and “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 13190 SW 68th Parkway, Suite 200, Tigard, OR 97223. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants 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. 22-090882 Complaint Page 1 of 8 1 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA MORTGAGE FORECLOSURE U.S. Bank National Association, as Indenture Trustee for COMPLAINT Ajax Mortgage Loan Trust 2020-A, Mortgage-Backed Securities, Series 2020-A, Index No. _______________ Plaintiff, Date Filed:______________ -against- Debbie A. Markson a/k/a Debbie Markson, and “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 13190 SW 68th Parkway, Suite 200, Tigard, OR 97223. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants 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. 22-090882 Complaint Page 1 of 8 2 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 Third: 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 (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Debbie A. Markson, for the purpose of securing to Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, its successors and assigns, the sum of $166,919.84, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption 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 Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a consolidation, extension and/or modification agreement was executed, acknowledged and delivered to Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, its successors and assigns, recorded in the Saratoga County Clerk’s Office on September 30, 2019, at Instrument Number 2019027756 of Mortgages, page , wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, 22-090882 Complaint Page 2 of 8 3 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said consolidation, extension and/or modification agreement, a copy of which is attached hereto and made a part hereof. Said Recorded Loan Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to in Schedule "D" hereof to form a single first mortgage lien in the sum of $166,919.84. Sixth: The Plaintiff is the current 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. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgages were duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Debbie A. Markson, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. 22-090882 Complaint Page 3 of 8 4 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled 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 (together with interests 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, the amount of which will ultimately be determined by the Court. Eleventh: The defendants herein have, or claim 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, has been paid, or is otherwise subordinate to, the lien of plaintiff's mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this 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. 22-090882 Complaint Page 4 of 8 5 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: 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. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: Plaintiff has complied with all the provisions of section five- hundred ninety-five-a of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by filing the form required by the superintendent of financial services within three business days of mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the 22-090882 Complaint Page 5 of 8 6 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 New York State Department of Financial Services f/k/a New York State Banking Department; a copy of the Proof of Filing Statement is attached hereto and made a part hereof. Twentieth: To the extent the original obligation was discharged in bankruptcy under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, the secured party retains all rights, and hereby exercises its right to foreclose its lien, under its security instrument. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants 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, or interest, or equity of redemption in and to said mortgaged premises; (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then 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; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note 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 and as provided for in 22-090882 Complaint Page 6 of 8 7 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Debbie A. Markson, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; (h) That the United States of America shall have the right of redemption, if applicable; (i) That the plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Plaintiff specifically reserves itsright to share in any surplus monies arising from the sale of subject premises by virtue of itsposition as a judgment or other lien creditor excluding the mortgage being foreclosed herein. 8/2w2022 \ Dated: Justin Vall Associate Ath-- LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 22-090882 22-090882 Complaint Page 7 of8 8 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Debbie A. Markson Owner of record and Obligor by virtue of the a/k/a Debbie Markson Consolidation and/or Modification 15 East Broadway Agreement referred to in Schedule D attached Saratoga Springs, NY 12866 hereto. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 22-090882 9 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SCHEDULE B – DEFENDANTS NONE 22-090882 10 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $166,919.84 2. Last installment due and paid November 30, 2019 3. Date of first unpaid installment/ default date December 30, 2019 AMOUNT DUE 4. Principal balance owing a) Principal balance owing $166,862.42 (Interest bearing principal balance under Loan Modification Agreement) b) Principal balance owing $194.53 (Deferred principal balance) 5. *Interest @ 2.5% from November 30, 2019 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004. 22-090882 11 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SCHEDULE D The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated February 28, 2019, executed by Debbie A. Markson, as Mortgagor(s) to Caliber Home Loans, Inc., Loan Servicer for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, as Mortgagee, to secure the sum of $166,919.84, and recorded in the Saratoga County Clerk’s Office on September 30, 2019, at Instrument Number 2019027756 of Mortgages, page . The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Debbie A. Markson to Household Finance Realty Corporation of New York to secure the sum of $70,212.11 dated May 20, 1999 and recorded on May 25, 1999 in Book 02324, page 00131. The Consolidation, Extension and Modification Agreement given by Debbie A. Markson to Household Finance Realty Corporation of New York to secure the sum of $103,947.46 dated February 16, 2004 and recorded on February 19, 2004 in Book 03463, page 00223. The Mortgage was transferred to LSF8 Master Participation Trust and said transfer was memorialized by an Assignment of Mortgage dated November 13, 2014 and recorded on November 26, 2014 in Instrument Number 2014034815. The Mortgage was transferred to U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust and said transfer was memorialized by an Assignment of Mortgage dated August 5, 2016 and recorded on August 18, 2016 in Instrument Number 2016025431. The Loan Modification Agreement given by Debbie A. Markson to Caliber Home Loans, Inc., as Loan Servicer to secure the sum of $93,545.42 dated December 16, 2016. The Loan Modification Agreement given by Debbie A. Markson to Caliber Home Loans, Inc., as Loan Servicer to secure the sum of $165,438.58 dated July 17, 2018. The Mortgage was transferred from U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust to Goldman Sachs Mortgage Company, and said transfer was memorialized by an Assignment of Mortgage executed on November 5, 2020 and recorded December 21, 2020 at Instrument Number 2020036270. The Mortgage was subsequently transferred from Goldman Sachs Mortgage Company to MTGLQ Investors, L.P., and said transfer was memorialized by an Assignment of Mortgage executed on June 11, 2021 and recorded June 21, 2021 at Instrument Number 2021021728. The Mortgage was subsequently transferred to AJAX Mortgage Loan Trust 2020-A, Mortgage-Backed Securities, Series 2020-A, by U.S. Bank National Association as Indenture Trustee, and said transfer was memorialized by an Assignment of Mortgage executed on June 11, 2021 and recorded June 21, 2021 at Instrument Number 2021021729. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 22-090882 12 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 SARATOGA COUNTY CLERK COUNTY CLERK'S RECORDING PAGE RECEIPT NO.: 162335 BOOK OF DEEDS BOOK 01486 PAGE 00001 NO. PAGES 2 INDEXED BY INSTRUMENT CODE: DED SCANNED BY: INSTRUMENT NO.: 9804605 RECORDING: RECORDING DEED FEES 14.00 EDUCATION FEE 5.00 DEEDS - EA-5217 25.00 FILING FEE 5.00 TOTAL: 49.00 *****NOTICE: THIS IS NOT A BILL***** STATE OF NEW YORK TRANSFER TAX SARATOGA COUNTY CLERK Transfer Tax 124.00 RECORDED ON 04/13/98 AT 01:04 PM Transfer Tax# 9804605 IN BOOK DEEDS PAGE 00001 OF 01486 Kathleen A. Marchione SARATOGA COUNTY CLERK THIS PAGE IS PART OF THE INSTRUMENT 13 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC.v.simermi NO. 2 N.Y.DEED-WARRANTYWITHUENCOVENANT Form306S BOOK wrum5ONuW RECEIVED Y.IM09 CO,ROCHESTERE NYSCEF: 09/13/2022 a-si.mps (LAWSOF1917,CHAP.681,CHAP.627,LAWSOF 1932) Made the 3rd dGVO April Nineteen Hundred and Ninety-Eight Between BONNIE J. SALISBURY, residing at 15 East Broadway, Saratoga Springs, New York 12866 , party of the first part, and DEBBIE A. MARKSON, residing at 240 County Road 75, Mechanicville, New York 12118 , party of the second part, Witnesseth that the party of the first part, in consideration of ONE AND 00/100 - - - - - - - - - - - - - - - - - - - - - -Dollar ($1.00 ) lawful money of the United States, and other good and valuable consideration paid by the part y of the second part, do es hereby grant and release unto the party of the second part, her heirs and assigns forever, all THAT PIECE OR PARCEL OF LAND situate and being in the City of Saratoga Springs, County of Saratoga, State of New York, and known and designated as Lot Number Ninety-Eight (98), on the map of Brantville, filed in the County Clerk's office of Saratoga County at Ballston Spa, New York on the seventeenth day of April, 1890, - and filed in Book R-4, Page 30., BEING the same premises conveyed by Executor's Deed from Nancy Fontaine as Executrix of the Last Will and Testament of Dorothy Saxton, deceased, to Bonnie J. Salisbury, bearing the date March 22, 1996 and filed and recorded at the Saratoga County Clerk's office in Book 1432 at Page 682. ALSO BEING the same premises conveyed from Hattie M. Cole to Norbert K. Saxton and Dorothy H. Saxton, his wife by deed dated September 29, 1973 and recorded October 11, 1973 in Book 931 of Deeds at Page 274. Norbert K. Saxton died a resident of Saratoga County on January 1, 1983 leaving surviving his wife Dorothy H. Saxton. The said Dorothy H. Saxton died on March 28, 1995. Her Last Will and Testament was probated in the Saratoga County Surrogate's Court on September 7, 1995 and Letters Testamentary were issued to Nancy Fontaine. i 2 a1486 n 4 14 of 75 FILED: SARATOGA COUNTYwithCLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 Together the oppurtenances and all the estate and rights of the part y NYSCEF DOC. NO. 2 of the first part in and to said premises, RECEIVED NYSCEF: 09/13/2022 To have and to hold the premises herein granted unto the part y of the Second her heirs and assigns forever. part, And said party of the first part covenant s as follows: First, That the part y of the second part shall quietly enjoy the said premises; Second, That said party of the first part will forever Warrant the titleto said premises. Third, That, in Compliance with Sec. 13 of the Lien Law, the grantor will receive the consideration for this conveyonce and willhold the right to receive such consideration as a trust fund to be applied firstfor the purpose of paying the cost of the improvement and u>illapply the same first to the payment of the cost of the improvement before using any part of the totalof the same for any other purpose. In Witness Whereof, the party of the first part has hereunto set her hand and seal the day and year first above written. ]jn lrescuce of BONN1E J. AL1SBUKY State of New York On this 3rd day of April ss. County of ( Nineteen Hundred and Ninety-Eight before me, the subscriber, personally appeared BONNIE J. SALISBURY to me personally known and known to me to be the same person described in and who executed the within instrument, and she acknowledged to me that he executed the same. Notary Public f6001514 1486of 15 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 LOAN REPAYMENT AND SECURITY AGREEMENT (PageRECEIVED 1 of 3) NYSCEF: 09/13/2022 CREDITOR (called "We", "Us", "Our") HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK 54 THE CROSSING BLVD BO X 17 CLIFTON PARK NY 12065 BORROWERS (called "You", "Your") LOAN NO: MARKSON , DEBB I E A SS# I 347 15 E BROADWAY SAR A TOGA NY 1 2866 DATE OF AGREEMENT IRST PAYMENT OTHERS FINAL PAYMENT : CONTRACT RATE DUE DATE SAME DAY OF DUE DATE (PER YEAR): 05 / 20 / 99 06 / 20/ 99 EACH MONTH 05 / 20/ 19 10 . 990 RINCIPAL 65999 . 38 702 12 . 1 1 POINTS: s 421 2. 73 CREDIT INSURANCE PREMlUMS LIFE DISABILITY: NONE s NONE MONTHLY INSTALLMENT PAYMENTS FINAL BALLOON PAYMENT NUGlBER OF MONTHLY FIRS OTHERS: (ExceptBalloon) PAYMENTS: s 724 . 27 | s 724 . 27 NONE 240 ________ YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. must insurance for thisloan as indicated "YES" REQUIRED INSURANCE. You obtain forterm of loancovering security by the word below, naming us as Loss Payee: Y ES Titleinsurance on real estatesecurity. YES Fire and extended coverage insurance on real estatesecurity. "Insured" "Security" Physical damage insurance on motor vehicle marked under above. "Insured" "Security" Physical damage insurance on other property marked under above. You may obtain any required insurance from anyone you choose. NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. 10-24-97 L/S NY S.I. (PPP) ORIGINAL 16 of 75 FILED: SARATOGA COUNTY CLERK 09/13/2022 09:23 AM INDEX NO. EF20222003 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/13/2022 LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMENT. In return for thisloan, you shallpay us the Principal (Amount Financed plus Points) and Simple Interest in monthly payments as shown above with finalBalloon Payment, if any. Interest shall be computed at the Contract Rate shown above on actual unpaid balances of Principal for the actual time outstanding, until fully paid. Every payment shall be applied first to unpaid delinquency charges, then to Interest at the Contract Rate to date of actual payment, and then to the unpaid balance of Principal. Unpaid delinquency charges will not be added to unpaid balance of Principal. You willpay at our business address above or other address given you. If more than one Borrower is named above, we may enforce this contract against all,or any, Borrowers, but not in a combined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. If you do not cancel this loan according to your "Notice of Right to Rescind," the date on which Finance Charge begins, payment dates, and effective date of optional insurance purchased in connection with this loan are postponed by the number of days from this Agreement's date to date you receive this loan. PAY-OUTS. You agree to pay-outs of Amount Financed as shown on the Truth-In-Lending disclosure form. If pay-outs change because loan closing isdelayed, (a) you will pay additional amounts due atclosing, or (b) your cash or check will be reduced to cover additional pay-outs. PREPAYMENT. You may pay any amount in advance. If you fullyprepay the entire outstanding balance of your account, you may have to pay a penalty as described below. Points are part of the Finance Charge and are fully earned when the loan ismade. You will not be entitled to a refund of the points portion of Finance Charges. PREPAYMENT PENALTY. If you prepay the entire outstanding balance of your account at any time within one (1) year of the contract date, and your account iscancelled (including a release of the Mortgage on your real estate), you agree to pay a prepayment penalty equal to not more than 6 months advance daily interest (computed at the Contract Rate shown on page one) on the unpaid balance as of the pay off date. No prepayment penalty will be imposed: (a) at the time this loan is refinanced by another loan with us; (b) for prepayment by proceeds of any credit insurance or acceleration after default; or (c) on the one year anniversary date of the contract or thereafter. LATE CHARGE. If you don't fully pay any installment within 15 days after it'sdue, you shall also pay 2% of that installment (except any final balloon payment) as a late charge. The 15 day period shall run from the due dates stated on page one, even though our office may be closed