Preview
FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022
EXHIBIT C
EXHIBIT C
FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022
St Lawrence - State of New York
County
PATRICIA A. RITCHIE - ST LAWRENCE COUNTY CLERK
48 COURT ST.
CANTON, NY 13617
OOUNTY CLERKS RECORDING PAGE
THIS PAGE IS P ART OF THE INSTRUMENT
Recording:
Pages 21.00
III I III IllIlll
Recording Fee 5.00
Local Government 19. 00
County Ed Land 1.00
RECE I PT NO. : 2006218203
Basic Tax Amount 535.50
Special Tax Amount 267. 75
Inst r #: R-2008-00015589
CNY Tax Amount 0. 00
Rec Date: 09/15/2008 02:34:00 PM
Doc Grp: RP
Descrip: MORTGAGE
Total: 849 .25
Num Pgs: 7 **** ****
NOTICE: THIS IS NOT A BILL
Partyl: TUTTLE RUSSELL J
Party2: CITIFINANCIAL CO ***** *****
Mortgage Tax
Town: RUSSELL
Serial #: CZ-1864
Calc Method: 1-2 Family Home
Mtg Amt: 107055.07
Basic 535. 50
Special 267.75
CNY 0. 00
Total: 803. 25
Record and Return To:
CITIFINANCIAL CO
164 HARTE HAVEN PLAZA
MASSENA NY 13662
PatriciaA. St.lawrence Gerk
Ritchie, Cotmty
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022
Afterrecording,returnto:
CITIFINANCIAL COMPANY(DE) This iriOrtgage is a sübprime home loan subject to
Address: New York State Law § 6-M
Banking
164 HARTE HAVEN PLAZA
MASSENA NY 13 662
MORTGAGE
WORDS USED OFTEN IN THIS DOCUMENT
"
(A) "Mortgage This document, which is dated september 12th , 2008 , will
be
"Mortgage."
calledthe
(B) "Borrower."RUSSELL JOSEPH TUTTLE
"Borrowcr" "L"
will sometimes be calledthe and sometimes simply
"Lender."
(C) CITIFINANCIAL COMPANY(DE}
"
will be calledthe "Lender Lender is a corporationorganized and under the
existing
laws of Delawam . Lender's address is
164 HARTE HAVEN PLAZA MASSENA NY 13662 .
"
(D) "Note The note signed by Borrower and dated septem-ber 12th, 2008 , andextensions and renewals
"Note."
of thatnote, willbe called the The Note shows thatI owe Lender U.S. $ 107, 0s5.07 plus interest,
which I havepromised topay in fullby 09/17/203a.
" Property"
(E) "Property The property that isdescribed below in the sectiontitled"Description of the willbe
"Property."
calledthe
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grantand convey the Property to Lender subject to theterms of thisMortgage. This means that,by
signing thisMortgage, I am giving Lender those rightsthatare statedin thisMortgage and also those rightsthat
the law gives to lenderswho hold monsages on real property.I am giving Lender theserights toprotect Leader
from possiblelossesthat might resultifI do not:
(A) Pay allthe amounts thatI owe Lenderas statedinthe Note;
(B) Pay, with interest,any amounts thatLender spends under this Mortgage to protect the valueof theProperty
and Lender's rights inthe Property;and
(C) Keep allofmy promises and agreements under thisMortgage.
DESCRIPTION OF THE PROPERTY
I giveLender rightsin thefollowing Property:
(A) The property which is locatedat 178 BLANCHARD HILL RD 1 RUSSELL
NY 13684 . This Property isin ST LAWRENCE COUNTY Countyinthe Stateof New York. Ithas
the following legaldescription:
ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF ST.LAWRENCE AND
STATE OF NEW YORK, BEING MORE FULLY DESCRIBEDIN A DEED DATED / / AND
RECORDED 11/10/1976, AMONG THE LAND RECORDS OF THE COUNTY AND STATE
SET FORTH ABOVE,IN DEED VOLUME 914 AND PAGE 15.
ADDRESS: 178 BLANCHARD HILL RD; RUSSELL, NY 13684 TAX MAP NUMBER:
148-003-2-15
This property is to he improved by a 1 or 2 f amily dwellin
R-2008-00015589
9/75/2000 02:34:00 PM
7 Pages
MoRTGAGE
Patricia A Ritchie StLawrence Co Clerk
(B) All buildings, structuresand other iinpieveinentsthatare locatedon the property descdbed in paragraph (A)
of thissection;
(C) All rights in otherproperty that Ihave as owner of the property described inparagraph (A) of thissection.
These rightsare known as "easements, rightsand appunces attachedto the property";
(D) All rentsor royaltiesfrom the property described inparagraph (A) of thissection;and
(E) All of theprüpezty described in paragraphs (B)through (D)of thissection thatI acquireinthe future, and all
rights describedin paragraphs(B)through (D) ofthis sectionthatIacquireinthefuture.
Itmay be thatI do not own the Property but am a tenantunder a lease.Inthat case, therights I am givingto
Lender by thisMortgage are rightsinmy tenancy.
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BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND
OWNERSHIPOF THE PROPERTY
Ipromise that:
(A) I lawfully own theProperty; (B) I have theright tomortgage, grant and convey the Property
to Lender; and (C) there are no outstanding claimsor charges against theProperty other than claims and charges
of record.
I give a general warranty of titleto Lender.This means that Iam fullyresponsible for any losseswhich Lender
suffers because someone other than myself has some of therights inthe Property which I promise thatI have. I
promise thatI willdefend my ownership of theProperty against any claimsof such rights.
UNIFORM PROMISES
I promise and I agreewith Lender as follows:
L BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST UNDER THE NOTE AND TO
FULFILL OTHER PAYMENT OBLIGATIONS
I will promptly pay to Lender when due principaland interest under the Note and late charges as statedin the
Note.
2. AGREEMENTS ABOUT MONTHLY PAYMENTS FOR TAXES AND INSURANCE
(A) Borrower's Obligation to Make Monthly Payments to Leader for Taxes and Insurance
I will pay to Lender all amounts necessary to pay for taxes, e-:nts, ground mnts (ifany), and hazard
insurance on the Property and mortgage insurance (ifany). Iwill pay those amounts to Lender (i)unless Lender
tellsme, in writing, thatI do not have to do so or(ii)unless the law requiresotherwise. Also, Iwill not have to
pay to Lender any amount for which Iam already making monthly payments to the holder of any superior
mortgage or deed of trust,if itisa savings or banking institution.
I willmake those payments on the same day
thatmy monthly payments of principaland interestare due under theNote.
The amount ofeach of iny payments under thisParagraph 2 willbe the surnof the following:
(i) One-twelfth of the estimated yearly taxes, assessments (includiñg condednim and planned unit
development assessments, ifany) and ground rents (ifany) on the Property which under the law may be
superior to thisMortgage; plus
(ii)One-twelfth ofthe estimated yearlypremium forhazard insurance covering the Property; plus
One-twelfth
(iii) of theestimated yearly premium for mortgage insurance (ifany).
Lender willdetermine from time to time my estimated yearly taxes, aesessments, ground rents and insurance
premiums based upon existing assessments and bills,and reasonable estimates of future assessments and bills.
(Taxes, assessments, ground rents and insurancepremiums willbe called"taxes and insurance.")
"Funds."
The amounts thatIpay toLender for taxesand insurance under this Paragraph 2 willbe called the The
Funds are additionalprotecticñ for Leader in case Ido not fulfill
my obligationsunder the Note and under this
Mortgage.
(B) Leader's Obligations Concerning Borrower's Monthly Payments for Taxes and Insurance
Lender willkeep the Funds in a savings or banking institutionthe depositsor accounts of which areinsured or
guaranteed by a Federal or stateagency. IfLender is suchan institutionthenLender may hold theFunds. Except
as described in thisParagraph 2, Lender will use the Funds to pay taxes and insurance. Lender will give tome,
without charge, an annual accounting ofthe Funds. That accounting must show alladdities toand deductions
from the Funds, and the reason foreach deduction.
Lender may not charge me for holding or keeping the Funds on deposit, for using theFunds to pay taxesand
insurance, for analyzing my payments of Funds, or for receiving,verifying and totallingassessments and bills.
However, Lender may charge me for theseservices ifLender pays me interest
on the Funds and ifthelaw permits
Lender tomake such a charge. Lender will notbe requiredto pay me any interestor earnings on theFunds unless
either (i)Leader and I agree in writing,at the time I sign thisMortgage, that Lender will pay interest
on the
Funds; or (ii)the law requiresLender to pay intereston theFunds.
If Lender's estimates are too high or iftaxes and insurance ratesgo down, the amounts thatI pay under this
Paragraph 2 willbe too large. If thishappens at a time when I am keeping allof my promises and agreements
made in thisMortgage, I willhave theright to have the excessamount either promptly repaid to me as a direct
refund or credited to my futuremonthly payments of Funds. There will be excess amounts if,atany time, the
sum of (a) the amount of Funds which Lender isholding or keeping on deposit, plus (b) the amount of the
monthly payments of Funds which I still
must pay between thattime and the due dates of taxesand insurance, is
greaterthan the amount necessary topay the taxesand insurancewhen they are due.
If,when payments of taxes and insurance aredue, Lender hasnot received enough Funds from me to make those
payments, I willpay toLender whatever additional amount isnecessary to pay the taxesand insurance in full.I
must pay thatadditionalamount in one ormore payments as Lendermay require.
When I havepaid allof the amounts due under theNote and under thisMortgage, Lender willpromptly refund to
me any Funds thatare thenbeing held or kept on deposit by Lender. If,under Paragraph 20 below, eitherLender
acquires the Property or theProperty is sold,then immediately before the spisition or sale,Lender willuse any
Funds which Lender is holdingor has on deposit at that
time to reduce the amount thatI owe toLender under the
Note and under thisMortgage.
3. APPLICATION OF BORROWER'S PAYMENTS
Unless the law requiresotherwise, Leader will apply each of my payments under the Note and under Paragraphs 1
and 2 above in the following orderand for thefollowing purposes:
(A) First,to pay theamounts then due toLender under Paragraph 2 above;
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(B) Next, topay interest
then due under the Note; and
(C) Next, to pay principalthen due under theNote.
4. BORROWER'S OBLIGATION TO PAY PRIOR MORTGAGES, CHARGES AND ASSESSMENTS AND
TO SATISFY CLAIMS AGAINST THE PROPERTY
I will keep allpromises that Ihave made inany superior mortgage or deed oftrust,including my promises to
make payments when due. Iwill pay alltaxes,assessments, and any other charges and fines thatmay be imposed
on the Property and thatmay be superiorto thisMortgage. I will see thatany claim, demand or charge that is
made against the Property because an obligationhas not been fulfilled
(known as a "lien")is promptly paid or
satisfiedif thelien may be superior tothis Mortgage, I willalso make payments due under my lease ifI am a
tenant on theProperty and I will
pay ground rents(ifany) due on the Property.
5. BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE
PROPERTY
I willobtain hazard insuranceto cover all buildings,structuresand other improvements thatnow are or in the
futurewill be locatedon the Property. The insurance must cover lossor damage caused by fire,hazards normally
coverage"
covered by "extended hazard insurancepolicies,and other hazards forwhich Lender requires coverage.
The insurancemust be inthe amounts and for theperiods of time requiredby Lender,
I may choose the insurance company, but my choice is subject toLender's approval. Lender may not refuse to
approve my choice unless therefusalis reasonable.All of the insurance policiesand renewals ofthose policies
clause"
must include what isknown as a "standardmortgage to protectLender. The form ofallpolicies and the
form of allrenewals must be acceptable to Lender. Lender willhave the rightto hold the policiesand renewals,
subjectto theterms of any superior mortgage or deed of trust.
Ifthere isa loss ordamage to the Property,I willpromptly notifythe insurance company and Leader. IfI do not
promptly prove tothe insurance company thatthe lossor damage occurred,then Leader may do so.
If Iabandon the Property, or ifI do not answer, within 30 days, a noticefrom Lender statingthat the insurance
company has offered to settle
a claim for insurancebenefits,then Lender hasthe authorityto collecttheproceeds.
Lender may then use theproceeds to repairor restore theProperty or to reduce the amount that Iowe to Leader
under the Note and under this Mortgage, The 30-day period willbegin on the datethe noticeismailed, or ifitis
not mailed, on the datethe noticeis delivered.
6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN
LEASE AND CONDOMINIUM AND PUD DOCUMENTS
I willkeep the Property in good repair.I willnot destroy,damage or substantiallychange theProperty, and I will
not allow the Property todeteriorate.IfI do not own but am a tenant on theProperty, I willfulfill
my obligations
under my lease. Ifthe Property is a unitina condominium or in a planned unitdev pr.wnt I willfulfillallof
my obligations under the declaration,by-laws, regulations and other deemnent that create or govern the
condominium or theplanned unit development.
7. LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY
If:(A) I do not keep my promises and agreements made in thisMortgage, or (B) someone, includingme, begins a
legal proceeding that may significantlyaffectLeader's rightsin the Property (such as, for example, a legal
proceeding inbankruptcy, in probate,for condemnation, or toenforce laws or regulations),then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender's rightsin the Property.
Lender's actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable
attorneys'
fees, and entering on the Propertyto make repairs.Leader must give me notice before Leader may take
any of these actions.
I willpay to Lender any amounts, with interest,which Lender spends under thisParagraph 7. This Modgage will
protectLender incase I do notkeep thispromise to pay thoseamounts with interest.
I willpay those amounts to Lender when Leader sends me a noticerequesting thatIdo so.I willalsopay interest
on those amounts atthe same rate statedin the Note. Intereston each amount will begin on the date that the
amount isspent by Lender. However, Leader and I may agree inwriting to terms of payment that aredifferent
from those inthis paragraph.
Although Lender may takeactionunder thisParagraph 7, Lender does not have todo so.
8. LENDER'S RIGHT TO INSPECT THE PROPERTY
Lender, and othersauthorized by Leader, may enter on and inspectthe Property. They must do soin a reasonable
manner and at reasonable times. However, before one of those inspectionsis made, Lender must give me notice
statinga reasonable purpose forthe inspection.That purpose must be relatedto Leader's rightsin theProperty.
9. AGREEMENTS ABOUT CONDEMNATION OF THE PROPERTY
"condemnation."
A taking of property by any governmental authority by eminent domain is known as I give to
Lender my right: (A) to proceeds of allawards or claims for damages resultingfrom condemnation or other
govemmental taking of the Property; and (B) to proceeds from a sale of the Property that ismade to avoid
condemnation. All of thoseproceeds willbe paid toLeader, subjectto theterms of any superiormortgage or deed
of trust.
10. BORROWER'S OBLIGATIONS TO PAY MORTGAGE INSURANCE PREMIUMS
If Lender required mortgage insurance as a conditionof making the loanthat Ipromise topay under the Note, I
will pay the premiums for thatmortgage insurance, I willpay the premiums untilthe requirement for mortgage
insurance ends according tomy written agreement with Lender or according to law. Lender may requireme to
pay premiums inthe manner described in Paragraph 2 above.
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11. CONTINUATION OF BORROWER'S OBLIGATIONS
Lender may allow a person who takesover my rightsand Obligaticñ6 to delay or tochange the amount of the
monthly payments of principaland interestdue under the Note or under thisMortgage, Even ifLender does this,
however, thatperson and I will
both still
be fully obligatedunder the Note and under thisMortgage.
Lender may allow thosedelays or changes for a person who takesover my rightsand obligations,even ifLender
is requested not todo so. Lender will notbe requiredto bring a lawsuit againstsuch a person for not fulfilling
obligations under theNote orunder this Mortgage, even if Lender is requestedtodo so.
12. CONTINUATION LENDER' S RIGHTS
OF
Even ifLender does not exercise or enforce any right of Lender under thisMortgage or under the law, Leader
will stillhave allof those rightsand may exercise and enforce them in the future.Even if Lender obtains
insurance, pays taxes,or pays other claims,charges or liensagainst theProperty, Leader willstill
have theright,
under Paragraph 20 below, to demand thatI make Immediate Payment in Full (seeParagraph 20 fora definition
of thisphrase) ofthe amount thatI owe to Lender under the Note and under thisMortgage.
13. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS
Each of Lender's rightsunder thisMortgage is separate.Lender may exercise and enforce one or moæ of those
rights,as well as any ofLender's other rightsunder the law,one at a timeor allat once,
14. OBLIGATIONS OF BORROWERS AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR
OBLIGATIONS
Subject to the terms of Paragraph 19 below, any penon who takes over my rights or obligationsunder this
Mortgage will have allof my rights and willbe obligated tokeep all ofmy promises and agreements made inthis
Mortgage. Similarly, any person who takesover Lender's rightsor obligationsunder thisMortgage will have all
of Lender's rights and willbe obligated to keep all of Lender's agreements made in this Mortgage. (In this
"person"
Mortgage, the word means any person,organization, governmental authority or anyother party.)
Ifmore than one person signs thisMortgage as Borrower, each of us isfullyobligated to keep allof Borrower's
promises and obligations contained in thisMortgage. Leader may enforce Leader's rightsunder thisMortgage
against each of us individuallyor againstallof us together.This means that any one of us may be required topay
allof the amounts owed under the Note and under thisMortgage. However, ifone of us does not sign theNote,
then: (A) thatperson is signingthis Mortgage only to give thatperson's rightsinthe Property toLeader under the
terms of thisMortgage; and (B) thatperson is notpersonally obligated tomake payments or to actunder the Note
or under this Mortgage. Any person signing thisMortgage butnot signing the Note alsoagrees (i)that Leader
may allow any other Bormwer todelay or tochange payments due under theNote or under thisMortgage and (ii)
thatLender may make otheraccommodations under the Note or under thisMortgage. Leader may do thiswithout
obtaining anyone's consent and withoutmodifying theeffectof thisMortgage.
15. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE
Unless the law requires otherwise, any notice thatmust be given to me under this Mortgage will be given by
delivering itor by mailing itby certifiedmail addressed tome at the address statedin the sectionabove titled
Property."
"Description Of The A noticewill be deliveredor mailed to me at address
a different if Igive Lender
a notice of my different address.Any notice thatmust be given toLender under thisMortgage will be given by
mailing it by certifiedmail to Lender's address statedin paragraph (C) of the sectionabove titled "Words Used
Document."
Often In This A notice willbe mailed to Leader at a diffeænt addressifLender gives me a notice of
the different address. A notice required by this Mortgage is given when itis mailed or when it isdelivered
according to therequirements of thisParagraph 15.
16. LAW THAT GOVERNS THIS MORTGAGE
The stateand local law thatapplies inthe place thatthe Property islocated will govern thisMortgage. This will
not limit Pederal law thatappliesto thisMortgage. Ifany term ofthisMortgage or ofthe Note conflictswith the
law, allother terrnsof thisMortgage and of theNote willstillremain in effectifthey can be given effectwithout
the conflictingterm, This means thatany terms of thisMortgage and the Note which conflictwith the law can be
separated from the remaining terms, and theremaining terms willstill
be enforced.
"expenses" "attorneys'fees"
As used inthis Mortgage, thewords "costs", and includeallamounts not prohibited
by applicable law or limited in thisMortgage.
17. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE
I will be given copies of the Note and of thisMortgage. Those copies must show thatthe original Note and
Mortgage have been signed.I will be given those copieseither when I signthe Note and this Mortgage or after
thisMortgage has been recorded in the properofficialrecords.
18. REHABILITATION LOAN AGREEMENT
I will comply with all of the terms and crawlitio= of any home rehabilitation,improvement, repair,
modernization, remodeling orsimilar loan agreement Ihave with Lender. If Lender requests it,I willsign and
give to Lender an assignment of any rightsor claims I mighthave againstpersons who supply labor,materials or
services inconnection with improving theProperty. This assignment will be ina form acceptable toLender.
19. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROFERTY IS SOLD OR TRANSFERRED
Leader may require immediate payment in fullof all sums secured by thisMortgage ifall or any part of the
Property, or ifany right inthe Property, issold ortransferred without Leader's priorwritten permission. Lender
also may require immediate payment in fullifa beneficial in
interest Borrower is sold
or transferredand Borrower
is not a naturalperson. However, Leader shallnot require immediate payment in fullifthis is prohibited by
federallaw on the dateof thisMortgage.
IfLender requires immediate payment in fullunder this l'aragraph19, Lender will give me a noticewhich states
thisrequirement. The notice will give me atleast30 days tomake the requiredpayment. The 30-day period wiII
begin on the date the noticeis mailed or delivered. IfI do not make the required payment during that period,
Lender may act to enforce itsrights under this Mortgage without giving me any further noticeor demand for
payment.
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NON-UNIFORM PROMISES
I alsopromise and agree withLender as follows:
20. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS
Ifall of the conditions stated in subparagraphs (A), (B),and (C) of thisParagraph 20 are satisfied,Lender
may require that I pay immediately the entire amount then remaining unpaid under the Note and under
this Mortgage. Lender may do this without making any further demand for payment. This requirement
Full"
will be called"Immediate Payment In
If Lender requires Immediate Payment in Full, Lender may bring a lawsuit to take away all of my
remaining rights in the Property and to have the Property sold. At thissale Lender or another person may
Property. "foreclosure " insufficient
acquire the This is known as and sale Ifthe proceeds ofthis saleare to
upay Lender the amounts due to Lender from me under the Note and under this Mortgage, Lender may
obtain a court judgment against me personally for the difference between allamounts due from me under
the Note and thisMortgage and the sale proceeds. In any lawsuit for foreclosure and sale, Lender willhave
the right to collectallcosts and expenses of the foreclosure and sale allowed by law.
Leader may require Immediate Payment In Full under this Paragraph 20 only if all of the following
conditions aresatistled:
(A) I failto keep any promise or agreement made in this Mortgage, including the promises to pay when
due the amounts thatI owe toLender under the Note and under thisMortgage; and
(B) Lender gives tome, inthe manner described in Paragraph 15 above, a notice thatstates:
(i) The promise oragreement thatI failedto keep;
(ii) The actionthat I must take to correct thatfailure;
(iii) A date by which I must correct the failure.
That date must be at least10 days from the date on
which the notice is mailed tome;
(iv) That if I do not correct the failure by the date stated in the notice,I will be in default and
Lender may require Immediate Payment In Full, and Leader or another person may acquire
the Property by means of foreclosure and sale;
(y) That ifI meet the conditions stated in Paragraph 21 below, I will have the right to have any
lawsuit for foreclosure and salediscontinued and tohave theNote and this Mortgage remain in
fullforce and effectas ifImmediate Payment In Fullhad never been required; and
(vi) That I have the right in any lawsuit forforeclosure and saleto argue that Idid not fail
to keep
any ofmy promises or agreements ander the Note or under thisMortgage, and topresent any
other defenses that Imay have; and
(C) I do not correct the failurestated in thenotice from Lender by the date stated in thatnotice.
21. BORROWER'S RIGHT TO HAVE LENDER'S LAWSUIT FOR FORECLOSURE AND SALE
DISCONTINUED
Even if Lender has required Immediate Payment In Full, Imay have the rightto have discontinued any lawsuit
brought by Lender for foreclosureand sale orfor otherenforcement of thisMortgage. I willhave this rightatany
time before a judgment has been entered enforcing thisMortgage ifI meetthe following canditions:
(A) I pay to Lender the fullamount thatwould have been due under thisMortgage and the Note ifLender had
not required Immediate Payment In Full;and
(B) I correctmy failure
to keep any ofmy other promises or agreements made inthisMortgage; and
(C) I pay all of Lender's reasonable expenses in enforcing thisMortgage including, for example, reasonable
attorneys'
fees; and
(D) I do whatever Lender reasonably requires to assure thatLender's rightsin the Property, Lender's rights
under thisMortgage, and my obligationsunder the Note and under thisMortgage continue unchanged.
Ifall ofthe conditions in thisParagraph 21 are fulfiHed,then theNote andthis Mortgage willremain in fullforce
and effect as ifImmediate Payment In Fullhad never been required.
22. LENDER'S RIGHTS TO RENTAL PAYMENTS FROM THE PROPERTY AND TO TAKE POSSESSION
OF THE PROPERTY
As additional protectionfor Lender, I giveto Lender allof my rights toany rental payments from the Property.
However, untilLender requiresImmediate Payment In Pullunder Paragraphs 19 or 20 above, or untilI abandon
the Property,I have the rightto collectand keep those rentalpayments asthey become due. Ihave notgiven any
of my to
rights rentalpayments from theProperty to anyone other than theholder of theSuperior Mortgage, and I
will not do so without Lender's consent in writing. If Lender requires Immediate Payment In Full under
Paragraphs 19 or 20 above, or if I abandon the Property, then Lender, persons authorized by Lender, or a
receiverappointed by a court atLender's equest may: (A) collectthe rentalpayments, including overdue rental
payments, directlyfrom thetenants; (B)enter on and takepossession of the Property; (C) manage the Property;
and (D) sign, cancel and change leases.I agree thatif Lender notifies thetenants that Leader has the right to
collectrental payments directlyfrom them under thisParagraph 22, thetenants may make thoserental payments
toLender without having to askwhethet I havefailedto keep tnypromises and agreements under thisMortgage.
Ifthere is a judgment for Lender in a lawsuitfor foreclosureand sale,I willpay to Lender reasonable rentfrom
the datethe judgment isentered foras long as I occupythe Property. However, thisdoes not give me the rightto
be a tenanton the Property.
All tentalpayments collectedby Lender orby a receiver,otherthan the rentpaid by me under this Paragraph 22,
willbe used first to pay the costsof collectingrentalpayments and of managing the Property. Ifany part of the
rental payments remains after thosecosts have been paid in full,the remaining part willbe used to reduce the
amount that Iowe to Lender under theNote and under thisMortgage, The costs of managing theProperty may
attorneys'
include the receiver'sfees, reasonable fees,and the cost of any necessary bonds. Lender and the
receiver willbe obligated toaccount only forthose rentalpayments thatthey actuallyreceive,
NY 24260-7 9/2008 Original (Recorded) Copy (Branch) Copy (Customer) Page 5 of 6
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RUSSELL J TUTTLE 09/12 /2008
23. LENDER'S OBLIGATION TO DISCHARGE THIS MORTGAGE WHEN THE NOTE AND THIS
MORTGAGE ARE PAID IN FULL
When Lender has been paid allamounts due under the Note and under thisMortgage, Lender willdischarge this
Mortgage by delivering a certificatestatingthat thisMortgage has been satisfied.
I willnot be requiredto pay
Lender for thedischarge, but Iwill pay allcostsof recording the dischargein theproper officialrecords.
24. AGREEMENTS ABOUT NEW YORK LIEN LAW
I willreceive allamounts lentto me by Lender subjectto thetrustfund provisions of Section13 ofthe New York
Lien Law, This means thatif,on the dátethis Mortgage is reccidedinthe proper official
records, constructionor
other work on any building or otherimprovement locatedon the Propertyhas no
Preview
FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 EXHIBIT C EXHIBIT C FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 St Lawrence - State of New York County PATRICIA A. RITCHIE - ST LAWRENCE COUNTY CLERK 48 COURT ST. CANTON, NY 13617 OOUNTY CLERKS RECORDING PAGE THIS PAGE IS P ART OF THE INSTRUMENT Recording: Pages 21.00 III I III IllIlll Recording Fee 5.00 Local Government 19. 00 County Ed Land 1.00 RECE I PT NO. : 2006218203 Basic Tax Amount 535.50 Special Tax Amount 267. 75 Inst r #: R-2008-00015589 CNY Tax Amount 0. 00 Rec Date: 09/15/2008 02:34:00 PM Doc Grp: RP Descrip: MORTGAGE Total: 849 .25 Num Pgs: 7 **** **** NOTICE: THIS IS NOT A BILL Partyl: TUTTLE RUSSELL J Party2: CITIFINANCIAL CO ***** ***** Mortgage Tax Town: RUSSELL Serial #: CZ-1864 Calc Method: 1-2 Family Home Mtg Amt: 107055.07 Basic 535. 50 Special 267.75 CNY 0. 00 Total: 803. 25 Record and Return To: CITIFINANCIAL CO 164 HARTE HAVEN PLAZA MASSENA NY 13662 PatriciaA. St.lawrence Gerk Ritchie, Cotmty FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 Afterrecording,returnto: CITIFINANCIAL COMPANY(DE) This iriOrtgage is a sübprime home loan subject to Address: New York State Law § 6-M Banking 164 HARTE HAVEN PLAZA MASSENA NY 13 662 MORTGAGE WORDS USED OFTEN IN THIS DOCUMENT " (A) "Mortgage This document, which is dated september 12th , 2008 , will be "Mortgage." calledthe (B) "Borrower."RUSSELL JOSEPH TUTTLE "Borrowcr" "L" will sometimes be calledthe and sometimes simply "Lender." (C) CITIFINANCIAL COMPANY(DE} " will be calledthe "Lender Lender is a corporationorganized and under the existing laws of Delawam . Lender's address is 164 HARTE HAVEN PLAZA MASSENA NY 13662 . " (D) "Note The note signed by Borrower and dated septem-ber 12th, 2008 , andextensions and renewals "Note." of thatnote, willbe called the The Note shows thatI owe Lender U.S. $ 107, 0s5.07 plus interest, which I havepromised topay in fullby 09/17/203a. " Property" (E) "Property The property that isdescribed below in the sectiontitled"Description of the willbe "Property." calledthe BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grantand convey the Property to Lender subject to theterms of thisMortgage. This means that,by signing thisMortgage, I am giving Lender those rightsthatare statedin thisMortgage and also those rightsthat the law gives to lenderswho hold monsages on real property.I am giving Lender theserights toprotect Leader from possiblelossesthat might resultifI do not: (A) Pay allthe amounts thatI owe Lenderas statedinthe Note; (B) Pay, with interest,any amounts thatLender spends under this Mortgage to protect the valueof theProperty and Lender's rights inthe Property;and (C) Keep allofmy promises and agreements under thisMortgage. DESCRIPTION OF THE PROPERTY I giveLender rightsin thefollowing Property: (A) The property which is locatedat 178 BLANCHARD HILL RD 1 RUSSELL NY 13684 . This Property isin ST LAWRENCE COUNTY Countyinthe Stateof New York. Ithas the following legaldescription: ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF ST.LAWRENCE AND STATE OF NEW YORK, BEING MORE FULLY DESCRIBEDIN A DEED DATED / / AND RECORDED 11/10/1976, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE,IN DEED VOLUME 914 AND PAGE 15. ADDRESS: 178 BLANCHARD HILL RD; RUSSELL, NY 13684 TAX MAP NUMBER: 148-003-2-15 This property is to he improved by a 1 or 2 f amily dwellin R-2008-00015589 9/75/2000 02:34:00 PM 7 Pages MoRTGAGE Patricia A Ritchie StLawrence Co Clerk (B) All buildings, structuresand other iinpieveinentsthatare locatedon the property descdbed in paragraph (A) of thissection; (C) All rights in otherproperty that Ihave as owner of the property described inparagraph (A) of thissection. These rightsare known as "easements, rightsand appunces attachedto the property"; (D) All rentsor royaltiesfrom the property described inparagraph (A) of thissection;and (E) All of theprüpezty described in paragraphs (B)through (D)of thissection thatI acquireinthe future, and all rights describedin paragraphs(B)through (D) ofthis sectionthatIacquireinthefuture. Itmay be thatI do not own the Property but am a tenantunder a lease.Inthat case, therights I am givingto Lender by thisMortgage are rightsinmy tenancy. NY 24260-7 9/2008 Original(Recorded) Copy(Branch) Copy(Customer) Pagelof6 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 RUSSELL J TUTTLE 09/12 /200B BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIPOF THE PROPERTY Ipromise that: (A) I lawfully own theProperty; (B) I have theright tomortgage, grant and convey the Property to Lender; and (C) there are no outstanding claimsor charges against theProperty other than claims and charges of record. I give a general warranty of titleto Lender.This means that Iam fullyresponsible for any losseswhich Lender suffers because someone other than myself has some of therights inthe Property which I promise thatI have. I promise thatI willdefend my ownership of theProperty against any claimsof such rights. UNIFORM PROMISES I promise and I agreewith Lender as follows: L BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST UNDER THE NOTE AND TO FULFILL OTHER PAYMENT OBLIGATIONS I will promptly pay to Lender when due principaland interest under the Note and late charges as statedin the Note. 2. AGREEMENTS ABOUT MONTHLY PAYMENTS FOR TAXES AND INSURANCE (A) Borrower's Obligation to Make Monthly Payments to Leader for Taxes and Insurance I will pay to Lender all amounts necessary to pay for taxes, e-:nts, ground mnts (ifany), and hazard insurance on the Property and mortgage insurance (ifany). Iwill pay those amounts to Lender (i)unless Lender tellsme, in writing, thatI do not have to do so or(ii)unless the law requiresotherwise. Also, Iwill not have to pay to Lender any amount for which Iam already making monthly payments to the holder of any superior mortgage or deed of trust,if itisa savings or banking institution. I willmake those payments on the same day thatmy monthly payments of principaland interestare due under theNote. The amount ofeach of iny payments under thisParagraph 2 willbe the surnof the following: (i) One-twelfth of the estimated yearly taxes, assessments (includiñg condednim and planned unit development assessments, ifany) and ground rents (ifany) on the Property which under the law may be superior to thisMortgage; plus (ii)One-twelfth ofthe estimated yearlypremium forhazard insurance covering the Property; plus One-twelfth (iii) of theestimated yearly premium for mortgage insurance (ifany). Lender willdetermine from time to time my estimated yearly taxes, aesessments, ground rents and insurance premiums based upon existing assessments and bills,and reasonable estimates of future assessments and bills. (Taxes, assessments, ground rents and insurancepremiums willbe called"taxes and insurance.") "Funds." The amounts thatIpay toLender for taxesand insurance under this Paragraph 2 willbe called the The Funds are additionalprotecticñ for Leader in case Ido not fulfill my obligationsunder the Note and under this Mortgage. (B) Leader's Obligations Concerning Borrower's Monthly Payments for Taxes and Insurance Lender willkeep the Funds in a savings or banking institutionthe depositsor accounts of which areinsured or guaranteed by a Federal or stateagency. IfLender is suchan institutionthenLender may hold theFunds. Except as described in thisParagraph 2, Lender will use the Funds to pay taxes and insurance. Lender will give tome, without charge, an annual accounting ofthe Funds. That accounting must show alladdities toand deductions from the Funds, and the reason foreach deduction. Lender may not charge me for holding or keeping the Funds on deposit, for using theFunds to pay taxesand insurance, for analyzing my payments of Funds, or for receiving,verifying and totallingassessments and bills. However, Lender may charge me for theseservices ifLender pays me interest on the Funds and ifthelaw permits Lender tomake such a charge. Lender will notbe requiredto pay me any interestor earnings on theFunds unless either (i)Leader and I agree in writing,at the time I sign thisMortgage, that Lender will pay interest on the Funds; or (ii)the law requiresLender to pay intereston theFunds. If Lender's estimates are too high or iftaxes and insurance ratesgo down, the amounts thatI pay under this Paragraph 2 willbe too large. If thishappens at a time when I am keeping allof my promises and agreements made in thisMortgage, I willhave theright to have the excessamount either promptly repaid to me as a direct refund or credited to my futuremonthly payments of Funds. There will be excess amounts if,atany time, the sum of (a) the amount of Funds which Lender isholding or keeping on deposit, plus (b) the amount of the monthly payments of Funds which I still must pay between thattime and the due dates of taxesand insurance, is greaterthan the amount necessary topay the taxesand insurancewhen they are due. If,when payments of taxes and insurance aredue, Lender hasnot received enough Funds from me to make those payments, I willpay toLender whatever additional amount isnecessary to pay the taxesand insurance in full.I must pay thatadditionalamount in one ormore payments as Lendermay require. When I havepaid allof the amounts due under theNote and under thisMortgage, Lender willpromptly refund to me any Funds thatare thenbeing held or kept on deposit by Lender. If,under Paragraph 20 below, eitherLender acquires the Property or theProperty is sold,then immediately before the spisition or sale,Lender willuse any Funds which Lender is holdingor has on deposit at that time to reduce the amount thatI owe toLender under the Note and under thisMortgage. 3. APPLICATION OF BORROWER'S PAYMENTS Unless the law requiresotherwise, Leader will apply each of my payments under the Note and under Paragraphs 1 and 2 above in the following orderand for thefollowing purposes: (A) First,to pay theamounts then due toLender under Paragraph 2 above; NY 242604 9/2008 Original (Recorded} Copy (Branch) Copy (customer) Page2 of 6 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 RUSSELL J TUTTLE 09 /12 /2008 (B) Next, topay interest then due under the Note; and (C) Next, to pay principalthen due under theNote. 4. BORROWER'S OBLIGATION TO PAY PRIOR MORTGAGES, CHARGES AND ASSESSMENTS AND TO SATISFY CLAIMS AGAINST THE PROPERTY I will keep allpromises that Ihave made inany superior mortgage or deed oftrust,including my promises to make payments when due. Iwill pay alltaxes,assessments, and any other charges and fines thatmay be imposed on the Property and thatmay be superiorto thisMortgage. I will see thatany claim, demand or charge that is made against the Property because an obligationhas not been fulfilled (known as a "lien")is promptly paid or satisfiedif thelien may be superior tothis Mortgage, I willalso make payments due under my lease ifI am a tenant on theProperty and I will pay ground rents(ifany) due on the Property. 5. BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE PROPERTY I willobtain hazard insuranceto cover all buildings,structuresand other improvements thatnow are or in the futurewill be locatedon the Property. The insurance must cover lossor damage caused by fire,hazards normally coverage" covered by "extended hazard insurancepolicies,and other hazards forwhich Lender requires coverage. The insurancemust be inthe amounts and for theperiods of time requiredby Lender, I may choose the insurance company, but my choice is subject toLender's approval. Lender may not refuse to approve my choice unless therefusalis reasonable.All of the insurance policiesand renewals ofthose policies clause" must include what isknown as a "standardmortgage to protectLender. The form ofallpolicies and the form of allrenewals must be acceptable to Lender. Lender willhave the rightto hold the policiesand renewals, subjectto theterms of any superior mortgage or deed of trust. Ifthere isa loss ordamage to the Property,I willpromptly notifythe insurance company and Leader. IfI do not promptly prove tothe insurance company thatthe lossor damage occurred,then Leader may do so. If Iabandon the Property, or ifI do not answer, within 30 days, a noticefrom Lender statingthat the insurance company has offered to settle a claim for insurancebenefits,then Lender hasthe authorityto collecttheproceeds. Lender may then use theproceeds to repairor restore theProperty or to reduce the amount that Iowe to Leader under the Note and under this Mortgage, The 30-day period willbegin on the datethe noticeismailed, or ifitis not mailed, on the datethe noticeis delivered. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN LEASE AND CONDOMINIUM AND PUD DOCUMENTS I willkeep the Property in good repair.I willnot destroy,damage or substantiallychange theProperty, and I will not allow the Property todeteriorate.IfI do not own but am a tenant on theProperty, I willfulfill my obligations under my lease. Ifthe Property is a unitina condominium or in a planned unitdev pr.wnt I willfulfillallof my obligations under the declaration,by-laws, regulations and other deemnent that create or govern the condominium or theplanned unit development. 7. LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY If:(A) I do not keep my promises and agreements made in thisMortgage, or (B) someone, includingme, begins a legal proceeding that may significantlyaffectLeader's rightsin the Property (such as, for example, a legal proceeding inbankruptcy, in probate,for condemnation, or toenforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rightsin the Property. Lender's actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable attorneys' fees, and entering on the Propertyto make repairs.Leader must give me notice before Leader may take any of these actions. I willpay to Lender any amounts, with interest,which Lender spends under thisParagraph 7. This Modgage will protectLender incase I do notkeep thispromise to pay thoseamounts with interest. I willpay those amounts to Lender when Leader sends me a noticerequesting thatIdo so.I willalsopay interest on those amounts atthe same rate statedin the Note. Intereston each amount will begin on the date that the amount isspent by Lender. However, Leader and I may agree inwriting to terms of payment that aredifferent from those inthis paragraph. Although Lender may takeactionunder thisParagraph 7, Lender does not have todo so. 8. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and othersauthorized by Leader, may enter on and inspectthe Property. They must do soin a reasonable manner and at reasonable times. However, before one of those inspectionsis made, Lender must give me notice statinga reasonable purpose forthe inspection.That purpose must be relatedto Leader's rightsin theProperty. 9. AGREEMENTS ABOUT CONDEMNATION OF THE PROPERTY "condemnation." A taking of property by any governmental authority by eminent domain is known as I give to Lender my right: (A) to proceeds of allawards or claims for damages resultingfrom condemnation or other govemmental taking of the Property; and (B) to proceeds from a sale of the Property that ismade to avoid condemnation. All of thoseproceeds willbe paid toLeader, subjectto theterms of any superiormortgage or deed of trust. 10. BORROWER'S OBLIGATIONS TO PAY MORTGAGE INSURANCE PREMIUMS If Lender required mortgage insurance as a conditionof making the loanthat Ipromise topay under the Note, I will pay the premiums for thatmortgage insurance, I willpay the premiums untilthe requirement for mortgage insurance ends according tomy written agreement with Lender or according to law. Lender may requireme to pay premiums inthe manner described in Paragraph 2 above. NY 24260-7 9/2008 Original (Recorded) Copy (Branch) Copy (Customer) Page 3 of 6 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 RUSSELL J TUTTLB 09/12/2008 11. CONTINUATION OF BORROWER'S OBLIGATIONS Lender may allow a person who takesover my rightsand Obligaticñ6 to delay or tochange the amount of the monthly payments of principaland interestdue under the Note or under thisMortgage, Even ifLender does this, however, thatperson and I will both still be fully obligatedunder the Note and under thisMortgage. Lender may allow thosedelays or changes for a person who takesover my rightsand obligations,even ifLender is requested not todo so. Lender will notbe requiredto bring a lawsuit againstsuch a person for not fulfilling obligations under theNote orunder this Mortgage, even if Lender is requestedtodo so. 12. CONTINUATION LENDER' S RIGHTS OF Even ifLender does not exercise or enforce any right of Lender under thisMortgage or under the law, Leader will stillhave allof those rightsand may exercise and enforce them in the future.Even if Lender obtains insurance, pays taxes,or pays other claims,charges or liensagainst theProperty, Leader willstill have theright, under Paragraph 20 below, to demand thatI make Immediate Payment in Full (seeParagraph 20 fora definition of thisphrase) ofthe amount thatI owe to Lender under the Note and under thisMortgage. 13. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS Each of Lender's rightsunder thisMortgage is separate.Lender may exercise and enforce one or moæ of those rights,as well as any ofLender's other rightsunder the law,one at a timeor allat once, 14. OBLIGATIONS OF BORROWERS AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Subject to the terms of Paragraph 19 below, any penon who takes over my rights or obligationsunder this Mortgage will have allof my rights and willbe obligated tokeep all ofmy promises and agreements made inthis Mortgage. Similarly, any person who takesover Lender's rightsor obligationsunder thisMortgage will have all of Lender's rights and willbe obligated to keep all of Lender's agreements made in this Mortgage. (In this "person" Mortgage, the word means any person,organization, governmental authority or anyother party.) Ifmore than one person signs thisMortgage as Borrower, each of us isfullyobligated to keep allof Borrower's promises and obligations contained in thisMortgage. Leader may enforce Leader's rightsunder thisMortgage against each of us individuallyor againstallof us together.This means that any one of us may be required topay allof the amounts owed under the Note and under thisMortgage. However, ifone of us does not sign theNote, then: (A) thatperson is signingthis Mortgage only to give thatperson's rightsinthe Property toLeader under the terms of thisMortgage; and (B) thatperson is notpersonally obligated tomake payments or to actunder the Note or under this Mortgage. Any person signing thisMortgage butnot signing the Note alsoagrees (i)that Leader may allow any other Bormwer todelay or tochange payments due under theNote or under thisMortgage and (ii) thatLender may make otheraccommodations under the Note or under thisMortgage. Leader may do thiswithout obtaining anyone's consent and withoutmodifying theeffectof thisMortgage. 15. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE Unless the law requires otherwise, any notice thatmust be given to me under this Mortgage will be given by delivering itor by mailing itby certifiedmail addressed tome at the address statedin the sectionabove titled Property." "Description Of The A noticewill be deliveredor mailed to me at address a different if Igive Lender a notice of my different address.Any notice thatmust be given toLender under thisMortgage will be given by mailing it by certifiedmail to Lender's address statedin paragraph (C) of the sectionabove titled "Words Used Document." Often In This A notice willbe mailed to Leader at a diffeænt addressifLender gives me a notice of the different address. A notice required by this Mortgage is given when itis mailed or when it isdelivered according to therequirements of thisParagraph 15. 16. LAW THAT GOVERNS THIS MORTGAGE The stateand local law thatapplies inthe place thatthe Property islocated will govern thisMortgage. This will not limit Pederal law thatappliesto thisMortgage. Ifany term ofthisMortgage or ofthe Note conflictswith the law, allother terrnsof thisMortgage and of theNote willstillremain in effectifthey can be given effectwithout the conflictingterm, This means thatany terms of thisMortgage and the Note which conflictwith the law can be separated from the remaining terms, and theremaining terms willstill be enforced. "expenses" "attorneys'fees" As used inthis Mortgage, thewords "costs", and includeallamounts not prohibited by applicable law or limited in thisMortgage. 17. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE I will be given copies of the Note and of thisMortgage. Those copies must show thatthe original Note and Mortgage have been signed.I will be given those copieseither when I signthe Note and this Mortgage or after thisMortgage has been recorded in the properofficialrecords. 18. REHABILITATION LOAN AGREEMENT I will comply with all of the terms and crawlitio= of any home rehabilitation,improvement, repair, modernization, remodeling orsimilar loan agreement Ihave with Lender. If Lender requests it,I willsign and give to Lender an assignment of any rightsor claims I mighthave againstpersons who supply labor,materials or services inconnection with improving theProperty. This assignment will be ina form acceptable toLender. 19. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROFERTY IS SOLD OR TRANSFERRED Leader may require immediate payment in fullof all sums secured by thisMortgage ifall or any part of the Property, or ifany right inthe Property, issold ortransferred without Leader's priorwritten permission. Lender also may require immediate payment in fullifa beneficial in interest Borrower is sold or transferredand Borrower is not a naturalperson. However, Leader shallnot require immediate payment in fullifthis is prohibited by federallaw on the dateof thisMortgage. IfLender requires immediate payment in fullunder this l'aragraph19, Lender will give me a noticewhich states thisrequirement. The notice will give me atleast30 days tomake the requiredpayment. The 30-day period wiII begin on the date the noticeis mailed or delivered. IfI do not make the required payment during that period, Lender may act to enforce itsrights under this Mortgage without giving me any further noticeor demand for payment. NY 24260-7 9/2008 original (Recorded) Copy (Branch) Copy (Cus tomer) Page 4 of 6 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 RUSSELL J TUTTLE 09/12 /2008 NON-UNIFORM PROMISES I alsopromise and agree withLender as follows: 20. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS Ifall of the conditions stated in subparagraphs (A), (B),and (C) of thisParagraph 20 are satisfied,Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Mortgage. Lender may do this without making any further demand for payment. This requirement Full" will be called"Immediate Payment In If Lender requires Immediate Payment in Full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and to have the Property sold. At thissale Lender or another person may Property. "foreclosure " insufficient acquire the This is known as and sale Ifthe proceeds ofthis saleare to upay Lender the amounts due to Lender from me under the Note and under this Mortgage, Lender may obtain a court judgment against me personally for the difference between allamounts due from me under the Note and thisMortgage and the sale proceeds. In any lawsuit for foreclosure and sale, Lender willhave the right to collectallcosts and expenses of the foreclosure and sale allowed by law. Leader may require Immediate Payment In Full under this Paragraph 20 only if all of the following conditions aresatistled: (A) I failto keep any promise or agreement made in this Mortgage, including the promises to pay when due the amounts thatI owe toLender under the Note and under thisMortgage; and (B) Lender gives tome, inthe manner described in Paragraph 15 above, a notice thatstates: (i) The promise oragreement thatI failedto keep; (ii) The actionthat I must take to correct thatfailure; (iii) A date by which I must correct the failure. That date must be at least10 days from the date on which the notice is mailed tome; (iv) That if I do not correct the failure by the date stated in the notice,I will be in default and Lender may require Immediate Payment In Full, and Leader or another person may acquire the Property by means of foreclosure and sale; (y) That ifI meet the conditions stated in Paragraph 21 below, I will have the right to have any lawsuit for foreclosure and salediscontinued and tohave theNote and this Mortgage remain in fullforce and effectas ifImmediate Payment In Fullhad never been required; and (vi) That I have the right in any lawsuit forforeclosure and saleto argue that Idid not fail to keep any ofmy promises or agreements ander the Note or under thisMortgage, and topresent any other defenses that Imay have; and (C) I do not correct the failurestated in thenotice from Lender by the date stated in thatnotice. 21. BORROWER'S RIGHT TO HAVE LENDER'S LAWSUIT FOR FORECLOSURE AND SALE DISCONTINUED Even if Lender has required Immediate Payment In Full, Imay have the rightto have discontinued any lawsuit brought by Lender for foreclosureand sale orfor otherenforcement of thisMortgage. I willhave this rightatany time before a judgment has been entered enforcing thisMortgage ifI meetthe following canditions: (A) I pay to Lender the fullamount thatwould have been due under thisMortgage and the Note ifLender had not required Immediate Payment In Full;and (B) I correctmy failure to keep any ofmy other promises or agreements made inthisMortgage; and (C) I pay all of Lender's reasonable expenses in enforcing thisMortgage including, for example, reasonable attorneys' fees; and (D) I do whatever Lender reasonably requires to assure thatLender's rightsin the Property, Lender's rights under thisMortgage, and my obligationsunder the Note and under thisMortgage continue unchanged. Ifall ofthe conditions in thisParagraph 21 are fulfiHed,then theNote andthis Mortgage willremain in fullforce and effect as ifImmediate Payment In Fullhad never been required. 22. LENDER'S RIGHTS TO RENTAL PAYMENTS FROM THE PROPERTY AND TO TAKE POSSESSION OF THE PROPERTY As additional protectionfor Lender, I giveto Lender allof my rights toany rental payments from the Property. However, untilLender requiresImmediate Payment In Pullunder Paragraphs 19 or 20 above, or untilI abandon the Property,I have the rightto collectand keep those rentalpayments asthey become due. Ihave notgiven any of my to rights rentalpayments from theProperty to anyone other than theholder of theSuperior Mortgage, and I will not do so without Lender's consent in writing. If Lender requires Immediate Payment In Full under Paragraphs 19 or 20 above, or if I abandon the Property, then Lender, persons authorized by Lender, or a receiverappointed by a court atLender's equest may: (A) collectthe rentalpayments, including overdue rental payments, directlyfrom thetenants; (B)enter on and takepossession of the Property; (C) manage the Property; and (D) sign, cancel and change leases.I agree thatif Lender notifies thetenants that Leader has the right to collectrental payments directlyfrom them under thisParagraph 22, thetenants may make thoserental payments toLender without having to askwhethet I havefailedto keep tnypromises and agreements under thisMortgage. Ifthere is a judgment for Lender in a lawsuitfor foreclosureand sale,I willpay to Lender reasonable rentfrom the datethe judgment isentered foras long as I occupythe Property. However, thisdoes not give me the rightto be a tenanton the Property. All tentalpayments collectedby Lender orby a receiver,otherthan the rentpaid by me under this Paragraph 22, willbe used first to pay the costsof collectingrentalpayments and of managing the Property. Ifany part of the rental payments remains after thosecosts have been paid in full,the remaining part willbe used to reduce the amount that Iowe to Lender under theNote and under thisMortgage, The costs of managing theProperty may attorneys' include the receiver'sfees, reasonable fees,and the cost of any necessary bonds. Lender and the receiver willbe obligated toaccount only forthose rentalpayments thatthey actuallyreceive, NY 24260-7 9/2008 Original (Recorded) Copy (Branch) Copy (Customer) Page 5 of 6 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2022 RUSSELL J TUTTLE 09/12 /2008 23. LENDER'S OBLIGATION TO DISCHARGE THIS MORTGAGE WHEN THE NOTE AND THIS MORTGAGE ARE PAID IN FULL When Lender has been paid allamounts due under the Note and under thisMortgage, Lender willdischarge this Mortgage by delivering a certificatestatingthat thisMortgage has been satisfied. I willnot be requiredto pay Lender for thedischarge, but Iwill pay allcostsof recording the dischargein theproper officialrecords. 24. AGREEMENTS ABOUT NEW YORK LIEN LAW I willreceive allamounts lentto me by Lender subjectto thetrustfund provisions of Section13 ofthe New York Lien Law, This means thatif,on the dátethis Mortgage is reccidedinthe proper official records, constructionor other work on any building or otherimprovement locatedon the Propertyhas no