Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
. .
EXHIBIT P
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - -X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406
MERGER WITH FIRST NIAGARA BANK, N.A.
Plaintiff, REFEREE'S OATH
(COMPUTATION)
-against-
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE
OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR
AND DISTRIBUTEE OF THE ESTATE OF JANET M.
WARNER A/K/A IANET MARILYN WARNER, MOLLY J.
MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF IANET M. WARNER A/K/A JANET
MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER,
ELIZABETH A. BARKER AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, ROBERT A. LYON
AS POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, UNITED STATES OF AMERICA
(WESTERN DISTRICT), PEOPLE OF THE STATE OF
NEW YORK, MARINE MIDLAND BANK, N.A.,
CHRYSLER FINANCIAL SERVICES AMERICAS LLC
F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES
AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL
CREDIT UNION,
Defendants.
- - - - - - - - - - - - - - - - - - - - - X
STATE OF NEW YORK, COUNTY OF CHAUTAUQUA SS.:
I, JOEL SEACHRIST, ESQ., the Referee, appointed by an
order of this Court, made and entered in the above entitled
action, and bearing date September 25, 2018 to ascertain and
compute the amount due to the plaintiff upon its note and
mortgage upon which this action was brought, and to examine and
report whether the mortgaged premises can be sold in parcels, do
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
solemnly swear that I will faithfully and fairly determine the
questions so referred to me, and make a just and true report
thereon according to the best of my understanding and as the
said order requires.
JO SEACHRIST ESQ. eree
Sworn to before me thiS
/A day of b '
KELLY A.
UTTLE-ATKINS
NOTARY
PUBUC
STATE OF
TARY P LIC NEt#
YORK
NO.
5089759
COMMISSION EXR
DEC.2,
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - -X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406
MERGER WITH FIRST NIAGARA BANK, N.A.
Plaintiff, REPORT OF REFEREE
TO COMPUTE
-against-
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE
OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR
AND DISTRIBUTEE OF THE ESTATE OF JANET M.
WARNER A/K/A JANET MARILYN WARNER, MOLLY J.
MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER,
ELIZABETH A. BARKER AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, ROBERT A. LYON
AS POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF IANET M. WARNER A/K/A JANET
MARILYN WARNER, UNITED STATES OF AMERICA
(WESTERN DISTRICT), PEOPLE OF THE STATE OF
NEW YORK, MARINE MIDLAND BANK, N.A.,
CHRYSLER FINANCIAL SERVICES AMERICAS LLC
F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES
AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL
CREDIT UNION,,
Defendants.
- - - - - - - - - - - - - - - - - - - - - -X
STATE OF NEW YORK, COUNTY OF CHAUTAUQUA SS.:
Pursuant to an Order of this Court made and duly
entered in the above entitled action and dated September 25,
2018 whereby this matter was referred to me as the Referee to
ascertain and compute the amount due to the plaintiff upon its
note and mortgage upon which this action is brought and to
examine and report whether the mortgaged premises can be sold in
parcels, I respectfully report:
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
1. That before proceeding to examine the evidence I
was first duly sworn faithfully and fairly to determine the
questions referred to me and to make a just and true report
thereon to the best of my understanding.
2. That it appears to my satisfaction that no person
or party was entitled to Notice of Hearing.
3. That I have received the evidence offered on
behalf of the plaintiff, including the deposition of Irena
Karovski, Banking Officer of KEYBANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A., the plaintiff
corporation, which deposition is annexed hereto, and I am of the
opinion and accordingly report that the facts and circumstances
stated in the complaint are true and that no payments have been
made on account of the principal and interest on the note and
mortgage as set forth in the complaint since the commencement of -
this action, and I find and accordingly report the amount now
due to the plaintiff to be the sum of $55,607.16 with interest
through September 30, 2018.
"A"
4. That SCHEDULE hereto annexed, is the
deposition of Irena Karovski, Banking Officer of KEYBANK,
NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA
BANK, N.A., the plaintiff.
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
"B"
5. That SCHEDULE hereto annexed is an abstract
of the documentary evidence produced before me.
"C"
6. That SCHEDULE hereto annexed shows the
details of my computation of the amount due plaintiff.
7. That I have made inquiry as to the advisability
of selling the mortgaged premises in parcels and find and
accordingly report that the mortgaged premises should be sold in
one parcel as they consist of a one-family residential dwelling
and plot assessed as one tax lot.
All of which is respectfully submitted.
Dated: Oc
JOEL SEACH IST eree
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
"A"
SCHEDULE
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - - -X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406
MERGER WITH FIRST NIAGARA BANK, N.A.,
Plaintiff, DEPOSITION
-against-
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER,
ALLISON M. FUTCH AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER,
BRUCE W. BARKER AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER
AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE
OF JANET M. WARNER A/K/A JANET MARILYN WARNER,
ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE
OF THE ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, UNITED STATES OF AMERICA
(WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW
YORK, MARINE MIDLAND BANK, N.A., CHRYSLER
FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER
CHRYSLER FINANCIAL SERVICES AMERICAS LLC,
SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - X
STATE OF NEW YORK)
) SS.:
COUNTY OF ERIE )
Irena Karovski, being duly sworn, deposes and says:
1. I am the Baking Officer of KEYBANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A. (hereinafter
"Plaintiff"). I am authorized to sign the affidavit on behalf of
Plaintiff. I have personal knowledge of the matters set forth herein
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
based on my review of the note, mortgage and other loan documents
related to this action and of business records of Plaintiff related
thereto, which records were made at or near the time of the event
described therein by, or from information transmitted by, a person
with knowledge of the event described therein. Such business records
are kept in the ordinary course of the regularly conducted business
activity of such person and/or Plaintiff, and it is the regular
practice of Plaintiff to make and keep such business records. This is
an action to foreclose a mortgage on real property in the County of
CHAUTAUQUA, State of New York and known as 604 Big Tree Sugar Grove
Rd., Jamestown, NY 14701.
2. I am familiar with the facts and circumstances
concerning the mortgage under foreclosure herein.
3. I have examined the note, mortgage and assignments, if
any, introduced in evidence before the Referee.
4. The defendants failed to comply with the terms,
covenants and conditions of the Agreement and Mortgage by defaulting
in their monthly payments due September 15, 2016 and monthly
thereafter as set forth in the Agreement and Mortgage.
defendants'
5. By reason of default, plaintiff advanced
money for payment of taxes and insurance, which advances and the
"C"
amounts thereof are shown in Schedule annexed hereto.
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
6. No payments have been made by any of the defendants since
this action was commenced.
7. That by reason of the aforesaid, there is due to the
plaintiff as of the 30th day of September, 2018 the sum of $55,607.16
"C"
as is more particularly shown on Schedule hereto annexed.
8. The premises involved consists of a single building plot
which is taxed as a single parcel on which is erected a dwelling
known as 604 Big Tree Sugar Grove Road., Jamestown, NY 14701 and
should be sold in one parcel.
9. I have examined all the matters set forth in the
complaint and find them to be true of my own knowledge.
rena Karovski
Officer
Banking
Sworn to before me this
day of fK‰/,2018
Theresa Pickens
01P16330676
Notary State of New York
Public,
NO ARY PUBL I C
Qualifiedin Erie County
My commissionexpires SEPTEMBER21st,20_
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
"B"
SCHEDULE
ABSTRACT OF DOCUMENTARY EVIDENCE
________________________________
1. One (1) note bearing date of the 20th day of
November, 2012, made and executed by Robert and Janet Warner, to
FIRST NIAGARA BANK, N.A. in the sum of 52,000.00 payment thereof
with interest at the rate of 3.99% per centum per annum to be
paid in accordance with the terms therein. Received and marked
Exhibit "1".
2. One (1) mortgage of even date with the said note,
made and executed by Robert and Janet Warner, to FIRST NIAGARA
BANK, N.A. as security for the payment of the sum mentioned in
the condition of said note, recorded in the office of the Clerk
of the County of CHAUTAUQUA on the 4th day of January, 2013 in
Instrument #: MT2013001046. Received and marked Exhibit "2".
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
"C"
SCHEDULE
COMPUTATIONS OF AMOUNT DUE PLAINTIFF
____________________________________
Principal due on note and mortgage $47,668.30
Interest from the 15th day of August,
2016 through the 30th day of September,
2018 $ 4,822.08
Inspections $ 355.00
BPO $ 182.00
Late Charges $ 94.89
Total Advances $ 2, 484.89
TOTAL AMOUNT DUE PLAINTIFF $55, 607.16
Advances: (Taxes, Fire Insurance, etc.)
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
EXHIBIT 1
......... ..... .............. . . . ....
.. ..
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
(Page 1
NYSCEF of 13)
DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018
ULTRA FLEX HOME EQUITY™LINEOF CREDITACCOUNTAGREEMENT
FirstNiagaraBank,N.A.
App ID# 423396
Date 11/20/2012
AccountNumb
Borrower andaddress:
1'sname Robert Warner 604 Big Tree EqarCro":
Rd;Jamest·own,NY 14701
Borrower andaddress:
2'sname Janet Warner 604 Big Tree SugarGroveRd, Jamestown, NY 14701
name
Borrower3'sandaddress:
Borrower andaddress:
4'sname
Address security:604 Big Tree Sugar Grove Rd, -'r,==M
ofrestestate NY 14701
Initialcreditlimit
$52, 000.00 raten±·--¹-
variable 0. 740 % Maximmn
Rate 15 . 9
% Minimum
Rate 3 , 74%
Initialvariable
rateportion ANNUAL
corresponding PERCENTAGE
RATE 3 99 % Initialvariable
rateportion
dailyperiodic
rate 0 . 010932 %
Non-discounted
initialvariable
rateportion RATE
ANNilALPERCENTAGE
corresponding . 3 - 99 */o
initialvariable
Non-discounted rt.;épó#.=.dd:ñ:±dic rate
0 . 010932 % ratebillingcycle
Lastdiscounted month N/A
monthfixedrateloanmargin
12-120 4 . 50 ok 121-180 fixedrateloanmargin
month 4 . 50 %
Firstbillingcycle12-120
month
fixedrateloancorresponding
ANNUALPERCENTAGE
RATEmargin 7. 75 °o
Firstbiltingcycle12-120
month
fixedrateloandailyperiodic
rate O. 021233 °/o
Firsthillingcycle121-[80
month
fixedrateloancorresponding
ANNUALPEPCEurAGE
RATEmargin 7 . 75%
Firstbillingcycle121-180
month
fixedrateloandailyperiodic
rate 0. 021233
Nointerest-only
period period
Interest-only Appraisal
Fee
SurveyFees 0 . 00 Search
Fee $35. 00 Mortgagee Premium
TitleinsuranceS O. 00
Mortgage fee
recording Mortgage
tax$495 . 00 Flood
Certification
fee $11. 00
Mortgage
Estimated discharge feeS
recording 50 . 50 Lienprotector
s 0 . 00
t. ofsome
Menning words.Inthisagreement: begins dayinanycalendar
onthedayafterouriast
business month
andends
onour
dayofthenextcalendar
lastbusiness month,
a. "your"mean
"You"and anyone asaborrower;
thisagreement
signing
charge
Afinance isacharge
fortheuseofcredit.
A corresponding
annual
b. "ours"
"We""us,""our"and FirstNiagara
mean N.A.,6950
Bank, South percentage
rateisacost
of=dh =psdraanannual
rate.
Transit Box514,Lockport.NY
P.O.
Road. 14095-0514;
2. Drawperiod.Thedrawperiod
foryouraccount
istheperiod
during
c. "Youraccount"
means
theUltraFlexHome
EquitySM
lineofCredit whichwewillextend
creditunder whether
youracc9Unt, rate
asavariable
account
thatweopen
under
thisagreement; advance willbe120billingcycles
orfixedrateloan.Thedrawperiod or
tenyears
approximately real
(unless
the estate
islocated in
InConnecticut,
d. "Thevariable ofyouraccounmeans
ratepostion ofyour
theportion thehawpeM wi be Shillingcycles
Wchcase nine
orapproximately
years
andtenmonths).
Inourdiscretton,
unless m
therealcstate
islocated
account
under
which
finance aretobecharged
charges oncredit
extended
byus oneormore
periodin increments
aslongas
under
youraccount annual
percentage
etacorresponding ratethatmayvary: wemayextend
Connecticut. thedraw
thedraw asextended
period 234billingcycles
notexceed
does orapproximately
19
check" yeam
andsixmonths. thedrawperiod,
Ifweextend youanotice
wewillsend of
c. "Advance means
anyadvancethatwehave
check supplied
or theextension.
forusewiththevariable
supply rateportion
ofyouraccount;
3. variable
Obtaining rateadvances.isa puvMons
Subject ofthis
f. rateadvance"
"Vasiable anyadvance
means under
made thevariable
rate . avariable
agreement. maybeobtained
rateadvance an
andusing
bysigning
portion
ofyouraccount; advance
check
asanordinary
check besigned
would andwewillmake
andused,
rateadvance" thevariable intheamount
rateadvance check
oftheadvance iheL
bypaying
g, vadable
"Outstanding meana obtained
anyamount aspart advance
cheek. forless
Youmustnotwritetheadvance
check than5500.Also,
ofavariable
rateadvan toandpayable
ceandposted under
thevariable
rate subject
totheprovisions
ofthisagreement.a
variable maybeobtained
rateadvance
portion
ofyouraccount: wayweallow
inanyother (forexample, thevariable
byrequesting rateadvance
by
telephone
orcomputer).subject
Finally,toprovisions wemay
ofthisagreement.
b. rateloan"means
"Fixed byusunder
extended
anycredit youraccount
for make
avariable
rateadvance cost
(such
anyclosing
bypaying asamortgage
tax) .
which percentage
thecorresponding
annual rateisafixedrate; inconnection
withthisagreement youtopayandthat
thatwecanlegally
require
yoLL
donotpaybefore
wemake
thevariable Wewillnothave
rateadvance. to
"Fixed principal"
rateloanoutstanding anyamount
means obtained
as make
anyvariable a endofthedraw
rateaG.L.-a foryouraccount.
period
partofafixedrateloanandnotyetrepaid
asdetennined
agenerally
using
accepted
actuarial
method; 4. fixedrateloans.
Obtaining Subject ofthisagreement,
totheprovisions
afixedrateleantopayalloranyportion
youmayobtain ofalloutstanding
J. ofthevariable
"Thebalance ofyouraccount"
portion
rate means
all variable
rateadvances ourprocedures
byfollowing for afixedrate
requesting
variable
outstanding finance
charges
rateadvances. andother
charges
posted
to $5,000.
ofthefixedrateloanmustbeatleast
loan.Thenoteunt Byobtaining
andpayable
under
thevariable ofyouraccennt;
rateportion thefixedrateloan,
youwillineffect
convert annual
percentage
thecorresponding
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youarepaying rateadvances
vadable
ontheoutstanding paidbythefixedrate
k. "Thebalance means
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ofyouraccounr ofthe . have
to
loanfromonethatmayvarytoonethatisfixed.Wedonotnecessarily
variable
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ofyouraccount payable
tousin make
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loanonthedate yourrequest
wereceive forthefixedrateloan
withfixedrateloans
connection andremaining
unpaid; althou
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 . . EXHIBIT P FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406 MERGER WITH FIRST NIAGARA BANK, N.A. Plaintiff, REFEREE'S OATH (COMPUTATION) -against- AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A IANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF IANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, Defendants. - - - - - - - - - - - - - - - - - - - - - X STATE OF NEW YORK, COUNTY OF CHAUTAUQUA SS.: I, JOEL SEACHRIST, ESQ., the Referee, appointed by an order of this Court, made and entered in the above entitled action, and bearing date September 25, 2018 to ascertain and compute the amount due to the plaintiff upon its note and mortgage upon which this action was brought, and to examine and report whether the mortgaged premises can be sold in parcels, do FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 solemnly swear that I will faithfully and fairly determine the questions so referred to me, and make a just and true report thereon according to the best of my understanding and as the said order requires. JO SEACHRIST ESQ. eree Sworn to before me thiS /A day of b ' KELLY A. UTTLE-ATKINS NOTARY PUBUC STATE OF TARY P LIC NEt# YORK NO. 5089759 COMMISSION EXR DEC.2, FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406 MERGER WITH FIRST NIAGARA BANK, N.A. Plaintiff, REPORT OF REFEREE TO COMPUTE -against- AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF IANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION,, Defendants. - - - - - - - - - - - - - - - - - - - - - -X STATE OF NEW YORK, COUNTY OF CHAUTAUQUA SS.: Pursuant to an Order of this Court made and duly entered in the above entitled action and dated September 25, 2018 whereby this matter was referred to me as the Referee to ascertain and compute the amount due to the plaintiff upon its note and mortgage upon which this action is brought and to examine and report whether the mortgaged premises can be sold in parcels, I respectfully report: FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 1. That before proceeding to examine the evidence I was first duly sworn faithfully and fairly to determine the questions referred to me and to make a just and true report thereon to the best of my understanding. 2. That it appears to my satisfaction that no person or party was entitled to Notice of Hearing. 3. That I have received the evidence offered on behalf of the plaintiff, including the deposition of Irena Karovski, Banking Officer of KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A., the plaintiff corporation, which deposition is annexed hereto, and I am of the opinion and accordingly report that the facts and circumstances stated in the complaint are true and that no payments have been made on account of the principal and interest on the note and mortgage as set forth in the complaint since the commencement of - this action, and I find and accordingly report the amount now due to the plaintiff to be the sum of $55,607.16 with interest through September 30, 2018. "A" 4. That SCHEDULE hereto annexed, is the deposition of Irena Karovski, Banking Officer of KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A., the plaintiff. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 "B" 5. That SCHEDULE hereto annexed is an abstract of the documentary evidence produced before me. "C" 6. That SCHEDULE hereto annexed shows the details of my computation of the amount due plaintiff. 7. That I have made inquiry as to the advisability of selling the mortgaged premises in parcels and find and accordingly report that the mortgaged premises should be sold in one parcel as they consist of a one-family residential dwelling and plot assessed as one tax lot. All of which is respectfully submitted. Dated: Oc JOEL SEACH IST eree FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 "A" SCHEDULE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406 MERGER WITH FIRST NIAGARA BANK, N.A., Plaintiff, DEPOSITION -against- AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, Defendants. - - - - - - - - - - - - - - - - - - - - - - X STATE OF NEW YORK) ) SS.: COUNTY OF ERIE ) Irena Karovski, being duly sworn, deposes and says: 1. I am the Baking Officer of KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A. (hereinafter "Plaintiff"). I am authorized to sign the affidavit on behalf of Plaintiff. I have personal knowledge of the matters set forth herein FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 based on my review of the note, mortgage and other loan documents related to this action and of business records of Plaintiff related thereto, which records were made at or near the time of the event described therein by, or from information transmitted by, a person with knowledge of the event described therein. Such business records are kept in the ordinary course of the regularly conducted business activity of such person and/or Plaintiff, and it is the regular practice of Plaintiff to make and keep such business records. This is an action to foreclose a mortgage on real property in the County of CHAUTAUQUA, State of New York and known as 604 Big Tree Sugar Grove Rd., Jamestown, NY 14701. 2. I am familiar with the facts and circumstances concerning the mortgage under foreclosure herein. 3. I have examined the note, mortgage and assignments, if any, introduced in evidence before the Referee. 4. The defendants failed to comply with the terms, covenants and conditions of the Agreement and Mortgage by defaulting in their monthly payments due September 15, 2016 and monthly thereafter as set forth in the Agreement and Mortgage. defendants' 5. By reason of default, plaintiff advanced money for payment of taxes and insurance, which advances and the "C" amounts thereof are shown in Schedule annexed hereto. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 6. No payments have been made by any of the defendants since this action was commenced. 7. That by reason of the aforesaid, there is due to the plaintiff as of the 30th day of September, 2018 the sum of $55,607.16 "C" as is more particularly shown on Schedule hereto annexed. 8. The premises involved consists of a single building plot which is taxed as a single parcel on which is erected a dwelling known as 604 Big Tree Sugar Grove Road., Jamestown, NY 14701 and should be sold in one parcel. 9. I have examined all the matters set forth in the complaint and find them to be true of my own knowledge. rena Karovski Officer Banking Sworn to before me this day of fK‰/,2018 Theresa Pickens 01P16330676 Notary State of New York Public, NO ARY PUBL I C Qualifiedin Erie County My commissionexpires SEPTEMBER21st,20_ FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 "B" SCHEDULE ABSTRACT OF DOCUMENTARY EVIDENCE ________________________________ 1. One (1) note bearing date of the 20th day of November, 2012, made and executed by Robert and Janet Warner, to FIRST NIAGARA BANK, N.A. in the sum of 52,000.00 payment thereof with interest at the rate of 3.99% per centum per annum to be paid in accordance with the terms therein. Received and marked Exhibit "1". 2. One (1) mortgage of even date with the said note, made and executed by Robert and Janet Warner, to FIRST NIAGARA BANK, N.A. as security for the payment of the sum mentioned in the condition of said note, recorded in the office of the Clerk of the County of CHAUTAUQUA on the 4th day of January, 2013 in Instrument #: MT2013001046. Received and marked Exhibit "2". FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 "C" SCHEDULE COMPUTATIONS OF AMOUNT DUE PLAINTIFF ____________________________________ Principal due on note and mortgage $47,668.30 Interest from the 15th day of August, 2016 through the 30th day of September, 2018 $ 4,822.08 Inspections $ 355.00 BPO $ 182.00 Late Charges $ 94.89 Total Advances $ 2, 484.89 TOTAL AMOUNT DUE PLAINTIFF $55, 607.16 Advances: (Taxes, Fire Insurance, etc.) FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 EXHIBIT 1 ......... ..... .............. . . . .... .. .. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 (Page 1 NYSCEF of 13) DOC. NO. 62 RECEIVED NYSCEF: 11/06/2018 ULTRA FLEX HOME EQUITY™LINEOF CREDITACCOUNTAGREEMENT FirstNiagaraBank,N.A. App ID# 423396 Date 11/20/2012 AccountNumb Borrower andaddress: 1'sname Robert Warner 604 Big Tree EqarCro": Rd;Jamest·own,NY 14701 Borrower andaddress: 2'sname Janet Warner 604 Big Tree SugarGroveRd, Jamestown, NY 14701 name Borrower3'sandaddress: Borrower andaddress: 4'sname Address security:604 Big Tree Sugar Grove Rd, -'r,==M ofrestestate NY 14701 Initialcreditlimit $52, 000.00 raten±·--¹- variable 0. 740 % Maximmn Rate 15 . 9 % Minimum Rate 3 , 74% Initialvariable rateportion ANNUAL corresponding PERCENTAGE RATE 3 99 % Initialvariable rateportion dailyperiodic rate 0 . 010932 % Non-discounted initialvariable rateportion RATE ANNilALPERCENTAGE corresponding . 3 - 99 */o initialvariable Non-discounted rt.;épó#.=.dd:ñ:±dic rate 0 . 010932 % ratebillingcycle Lastdiscounted month N/A monthfixedrateloanmargin 12-120 4 . 50 ok 121-180 fixedrateloanmargin month 4 . 50 % Firstbillingcycle12-120 month fixedrateloancorresponding ANNUALPERCENTAGE RATEmargin 7. 75 °o Firstbiltingcycle12-120 month fixedrateloandailyperiodic rate O. 021233 °/o Firsthillingcycle121-[80 month fixedrateloancorresponding ANNUALPEPCEurAGE RATEmargin 7 . 75% Firstbillingcycle121-180 month fixedrateloandailyperiodic rate 0. 021233 Nointerest-only period period Interest-only Appraisal Fee SurveyFees 0 . 00 Search Fee $35. 00 Mortgagee Premium TitleinsuranceS O. 00 Mortgage fee recording Mortgage tax$495 . 00 Flood Certification fee $11. 00 Mortgage Estimated discharge feeS recording 50 . 50 Lienprotector s 0 . 00 t. ofsome Menning words.Inthisagreement: begins dayinanycalendar onthedayafterouriast business month andends onour dayofthenextcalendar lastbusiness month, a. "your"mean "You"and anyone asaborrower; thisagreement signing charge Afinance isacharge fortheuseofcredit. A corresponding annual b. "ours" "We""us,""our"and FirstNiagara mean N.A.,6950 Bank, South percentage rateisacost of=dh =psdraanannual rate. Transit Box514,Lockport.NY P.O. Road. 14095-0514; 2. Drawperiod.Thedrawperiod foryouraccount istheperiod during c. "Youraccount" means theUltraFlexHome EquitySM lineofCredit whichwewillextend creditunder whether youracc9Unt, rate asavariable account thatweopen under thisagreement; advance willbe120billingcycles orfixedrateloan.Thedrawperiod or tenyears approximately real (unless the estate islocated in InConnecticut, d. "Thevariable ofyouraccounmeans ratepostion ofyour theportion thehawpeM wi be Shillingcycles Wchcase nine orapproximately years andtenmonths). Inourdiscretton, unless m therealcstate islocated account under which finance aretobecharged charges oncredit extended byus oneormore periodin increments aslongas under youraccount annual percentage etacorresponding ratethatmayvary: wemayextend Connecticut. thedraw thedraw asextended period 234billingcycles notexceed does orapproximately 19 check" yeam andsixmonths. thedrawperiod, Ifweextend youanotice wewillsend of c. "Advance means anyadvancethatwehave check supplied or theextension. forusewiththevariable supply rateportion ofyouraccount; 3. variable Obtaining rateadvances.isa puvMons Subject ofthis f. rateadvance" "Vasiable anyadvance means under made thevariable rate . avariable agreement. maybeobtained rateadvance an andusing bysigning portion ofyouraccount; advance check asanordinary check besigned would andwewillmake andused, rateadvance" thevariable intheamount rateadvance check oftheadvance iheL bypaying g, vadable "Outstanding meana obtained anyamount aspart advance cheek. forless Youmustnotwritetheadvance check than5500.Also, ofavariable rateadvan toandpayable ceandposted under thevariable rate subject totheprovisions ofthisagreement.a variable maybeobtained rateadvance portion ofyouraccount: wayweallow inanyother (forexample, thevariable byrequesting rateadvance by telephone orcomputer).subject Finally,toprovisions wemay ofthisagreement. b. rateloan"means "Fixed byusunder extended anycredit youraccount for make avariable rateadvance cost (such anyclosing bypaying asamortgage tax) . which percentage thecorresponding annual rateisafixedrate; inconnection withthisagreement youtopayandthat thatwecanlegally require yoLL donotpaybefore wemake thevariable Wewillnothave rateadvance. to "Fixed principal" rateloanoutstanding anyamount means obtained as make anyvariable a endofthedraw rateaG.L.-a foryouraccount. period partofafixedrateloanandnotyetrepaid asdetennined agenerally using accepted actuarial method; 4. fixedrateloans. Obtaining Subject ofthisagreement, totheprovisions afixedrateleantopayalloranyportion youmayobtain ofalloutstanding J. ofthevariable "Thebalance ofyouraccount" portion rate means all variable rateadvances ourprocedures byfollowing for afixedrate requesting variable outstanding finance charges rateadvances. andother charges posted to $5,000. ofthefixedrateloanmustbeatleast loan.Thenoteunt Byobtaining andpayable under thevariable ofyouraccennt; rateportion thefixedrateloan, youwillineffect convert annual percentage thecorresponding rate youarepaying rateadvances vadable ontheoutstanding paidbythefixedrate k. "Thebalance means thetotalofthebalance ofyouraccounr ofthe . have to loanfromonethatmayvarytoonethatisfixed.Wedonotnecessarily variable rateportion andallamounts ofyouraccount payable tousin make thefixedrate loanonthedate yourrequest wereceive forthefixedrateloan withfixedrateloans connection andremaining unpaid; althou