Preview
FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM INDEX NO. 000100-2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021
Andrea K. Bailey, Acting County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
SARA Z. BORISKIN SARA Z. BORISKIN
Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S)
Plaintiff Defendant
U.S. BANK NATIONAL ASSOCIATION JOHN DOE #1 through JOHN DOE #12,
the last twelve names being fictitious and
unknown to plaintiff, the persons or parties
intended being the tenants, occupants, persons
or corporations, if any, having or claiming an
interest in or lien upon the Subject Property
described in the complaint,
SANDERS DAVID C.
Recorded Information:
State of New York
Index #: 000100-2021 County of Livingston
EFiling through NYSCEF
Acting Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
AKB
Do Not Detach
Index : 000100-2021
#NO.
FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM INDEX 000100-2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021
Multistate
NOE FHACaseNo.
. . .
.
December 7, 2010
. . .
[Date]
7856 Kellogg Road, Sprincjwater, NY 14560
[PropertyAddress]
L PARTIES
"Borrower" "Lender"
means each person signing at theend of thisNote, and the person'ssuccessors and assigns. means
Home Funding Finders
and itssuccessorsand assigns.
2. BORROWER'S PROMISE TO PAY; BNTEREST
In retum fora loan receivedfrom Lender, Borrower pr=i= to paythe sum
principal of Forty Thous-2.hd Three
Hundred Fifty and 00/,100
Dollars (U.S. $ 40, 350. 00 ),plus to
interest, the order of Lender.Interestwillbe charged on unpaid principal,
from the dateof disbu-sement ofthe loanproceeds by Lender, at the rateofFour and Three Eighths
percent ( 4.375 %) per yearuntilthe fullamount of principal
has been paid.
·3. PROMISE TO PAY SECURED
promise or baren• is datedthesame date
Borrower's topay is securedby a mortgage,deed of tmst siinilar
security that
Iastmmont." Lender from
as thisNote and calledthe "Security The SecurityI=t-.:ment protectsthe losseswhich might resultif
Borrower defaultsunder thisNote.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal·andinterestto Lender on the first
day of each month beginning on
February 1 ,2011 . Any and
principal interest=mahhg on thefirstdayof January ,
Date."
2041 .,willbe due on thatdate,which iscalledthe"Maturity
(B) Place
ePayment shallbe madeat 621 Columbia Street Ext., Cohoes, NY 12047
or at suchplaceas Lender may designatein writing
by noticeto Borrower.
(C) Amount
Each monthly payment of principaland will
interest be inthe amount.of U.S. $ 201. 46 . Thisamount
willbe part ofa larger monthly payment requiredby the SecurityInstrument, thatshall be applied to pe.cipel,interest
and
other itemsin theorder describedin theSecurityInstrument. .
(D) Allonge to thisNote for payment adjustments
Ifan allonge providing forpayment edj±.ent isexecuted by Borrower togetherwith this Note, thecovenants of
theallonge shallbe incorpasted intoand shallamend and supp'=ent the covenants ofthisNote as if
the·allongewere a partof
thisNote. [Check applicablebox]
Graduated Payment Allonge Growing BquityAllonge Other [specify] .
5. BORROWER!S RIGHT TO PREPAY · ·' ·- - · .··
Borrower has therightto paythe debt evidenced by thisNote, inwhole or inpart,without charge or penalty,on the first
day of any month. Leader shallaccept p-e;:yment on otherdays provided thatBorrower pays interest
on the amount prepaidfor
the =mahder ofthe month to the
extent requiredby Lender and permitted by regulationsof theSecretary.If Borrower makes a
partialp=pef=ent, there willbe no changes m thedue date or inthe amount ofthe morithlypay=_ent unless Lender agreesin
writingto thosechanges.
O e
FHAMinitistateFixedRateNote-10/9s
-1Rto21o).o2
VMPMortgage
Solutiona(800)521-7291 -
. ·
Paga1 of 2 Initials·
Index
INDEX #:
NO.000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021
6.BORROWER'S FAILUBE TO PAY
(A) Late Change forOverdue Payments
IfLeader has not receivedthe fullmonthly payment.required by the SecurityI=t-u==t, as describedin Paragraph
4(C) of thisNote.,by the end offifteencalendar days afterthepayment is due,Lender may collecta latecharge in theamount
of Four percent ( 4. 000%) ofthe overdue amount of each payment.
(B) Default
IfBorrower defaultsby failingto pay in full
any monthly payment, thenLeader may, exceptas limitedby regulations
of theSecretary inthe case ofpayment defaults,requireimmediate payment in fullofthe principalbalance remaining due and
allaccrued interest.Lender may choose not to exercisethis optionwithout waiving itsrightsinthe event of any subsequent
default.In many circumstancesregulations issuedby the Secretarywill limitLender's rightsto requireimmediate payment in.
fullinthe case ofpayment defaults.
This Note does not authorizeaccelerationwhen not permitted by HUD regulations.As used
"Secretary" · · '-
in.this
Note, means the Secretaryof Housing and Urban Development or his
or her designee. .
(C) Payment of Costs and Expenses .
IfLender has requiredimmediate payment in full,
as describedabove, Lender may require Borrower to pay costsand
attomeys' applicible
expenses including reasonableand customary feesfor enforcing thisNote tothe extent notprohibited by
law. Such fees andcosts shallbearinterestfrom thedate ofdisbursement at thesame rateas the.principal
of thisNote.
. 7. WA1VERS
Borrower and any other person who has ch!igatiêñsunder this Note waive the rights of presentment and notice of
"Presentment" p::ymat of due. dishonor" means
dishonor. means the righttorequireLender todemand amounts "Noticeof the
righttorequire Lender to givenoticeto otherpersons thatamounts due have not been paid.
8. GIVING OF NOTICES
Unless applicablelaw requiresa different
method, any noticethatmust be given toBorrower under this
Note willbe given
by delivering itor by mailing itby firstclassmail toBorrower at the.propertyaddress above or at a differentaddress if
Borrower'
Borrower has given Lender a noticeof s diEe-::2address. .. .
Any noticethatmust be given toLender under thisNote willbe given class
by. first mail to Lerlderat theaiidress
stated in
Paragraph 4(B) or ata diffetent
address ifBorrower is givena noticeof thatdifferent
address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE .
Ifmore than one personsigns thisNote, each person and
is fully personallyobligated tokeep allof thepromises made in
thisNote, includingthe promise topay the fullamount owed. Any personwho or endorser
is a g=.===.='.o•, surety ofthisNote is
alsoobligated todo these things.Any personwho takes overthese obligations, the
ine-imling obligationsofa guarantor,surely
or endomer of thisNote, is also
obligated tokeep allof thepromises made Note.
in this Lender may enforceitsrightsunder this
Ñote against each person individuallyoragainst allsignatories
together. Any one person signing thisNote may be requiredto
pay allof theamounts owed under thisNote.
BY SIGNING BEI W, Borrower acceptsand agrees to theterms and covenantscontained inthisNote.
(Seal) __.. (Seal)
David C. Sanders -Borrower -Barrower
(Seal) (Seal)
-Borrower . . -Borrower
-Borrower *
. -Benower
(Seal) (Seal)
-Bo'rrower -Borrower
Without Recourse
. To O
•i R (e210),02 Page2 of 2
Home
By:
BrOWn
Index NO.
INDEX #: 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021
Pay to the order of
Without Recourse
U.S. B k NAA.
Teresa Bulver
Vice President
Preview
FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM INDEX NO. 000100-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021 Andrea K. Bailey, Acting County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: SARA Z. BORISKIN SARA Z. BORISKIN Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S) Plaintiff Defendant U.S. BANK NATIONAL ASSOCIATION JOHN DOE #1 through JOHN DOE #12, the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the complaint, SANDERS DAVID C. Recorded Information: State of New York Index #: 000100-2021 County of Livingston EFiling through NYSCEF Acting Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York AKB Do Not Detach Index : 000100-2021 #NO. FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM INDEX 000100-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021 Multistate NOE FHACaseNo. . . . . December 7, 2010 . . . [Date] 7856 Kellogg Road, Sprincjwater, NY 14560 [PropertyAddress] L PARTIES "Borrower" "Lender" means each person signing at theend of thisNote, and the person'ssuccessors and assigns. means Home Funding Finders and itssuccessorsand assigns. 2. BORROWER'S PROMISE TO PAY; BNTEREST In retum fora loan receivedfrom Lender, Borrower pr=i= to paythe sum principal of Forty Thous-2.hd Three Hundred Fifty and 00/,100 Dollars (U.S. $ 40, 350. 00 ),plus to interest, the order of Lender.Interestwillbe charged on unpaid principal, from the dateof disbu-sement ofthe loanproceeds by Lender, at the rateofFour and Three Eighths percent ( 4.375 %) per yearuntilthe fullamount of principal has been paid. ·3. PROMISE TO PAY SECURED promise or baren• is datedthesame date Borrower's topay is securedby a mortgage,deed of tmst siinilar security that Iastmmont." Lender from as thisNote and calledthe "Security The SecurityI=t-.:ment protectsthe losseswhich might resultif Borrower defaultsunder thisNote. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal·andinterestto Lender on the first day of each month beginning on February 1 ,2011 . Any and principal interest=mahhg on thefirstdayof January , Date." 2041 .,willbe due on thatdate,which iscalledthe"Maturity (B) Place ePayment shallbe madeat 621 Columbia Street Ext., Cohoes, NY 12047 or at suchplaceas Lender may designatein writing by noticeto Borrower. (C) Amount Each monthly payment of principaland will interest be inthe amount.of U.S. $ 201. 46 . Thisamount willbe part ofa larger monthly payment requiredby the SecurityInstrument, thatshall be applied to pe.cipel,interest and other itemsin theorder describedin theSecurityInstrument. . (D) Allonge to thisNote for payment adjustments Ifan allonge providing forpayment edj±.ent isexecuted by Borrower togetherwith this Note, thecovenants of theallonge shallbe incorpasted intoand shallamend and supp'=ent the covenants ofthisNote as if the·allongewere a partof thisNote. [Check applicablebox] Graduated Payment Allonge Growing BquityAllonge Other [specify] . 5. BORROWER!S RIGHT TO PREPAY · ·' ·- - · .·· Borrower has therightto paythe debt evidenced by thisNote, inwhole or inpart,without charge or penalty,on the first day of any month. Leader shallaccept p-e;:yment on otherdays provided thatBorrower pays interest on the amount prepaidfor the =mahder ofthe month to the extent requiredby Lender and permitted by regulationsof theSecretary.If Borrower makes a partialp=pef=ent, there willbe no changes m thedue date or inthe amount ofthe morithlypay=_ent unless Lender agreesin writingto thosechanges. O e FHAMinitistateFixedRateNote-10/9s -1Rto21o).o2 VMPMortgage Solutiona(800)521-7291 - . · Paga1 of 2 Initials· Index INDEX #: NO.000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021 6.BORROWER'S FAILUBE TO PAY (A) Late Change forOverdue Payments IfLeader has not receivedthe fullmonthly payment.required by the SecurityI=t-u==t, as describedin Paragraph 4(C) of thisNote.,by the end offifteencalendar days afterthepayment is due,Lender may collecta latecharge in theamount of Four percent ( 4. 000%) ofthe overdue amount of each payment. (B) Default IfBorrower defaultsby failingto pay in full any monthly payment, thenLeader may, exceptas limitedby regulations of theSecretary inthe case ofpayment defaults,requireimmediate payment in fullofthe principalbalance remaining due and allaccrued interest.Lender may choose not to exercisethis optionwithout waiving itsrightsinthe event of any subsequent default.In many circumstancesregulations issuedby the Secretarywill limitLender's rightsto requireimmediate payment in. fullinthe case ofpayment defaults. This Note does not authorizeaccelerationwhen not permitted by HUD regulations.As used "Secretary" · · '- in.this Note, means the Secretaryof Housing and Urban Development or his or her designee. . (C) Payment of Costs and Expenses . IfLender has requiredimmediate payment in full, as describedabove, Lender may require Borrower to pay costsand attomeys' applicible expenses including reasonableand customary feesfor enforcing thisNote tothe extent notprohibited by law. Such fees andcosts shallbearinterestfrom thedate ofdisbursement at thesame rateas the.principal of thisNote. . 7. WA1VERS Borrower and any other person who has ch!igatiêñsunder this Note waive the rights of presentment and notice of "Presentment" p::ymat of due. dishonor" means dishonor. means the righttorequireLender todemand amounts "Noticeof the righttorequire Lender to givenoticeto otherpersons thatamounts due have not been paid. 8. GIVING OF NOTICES Unless applicablelaw requiresa different method, any noticethatmust be given toBorrower under this Note willbe given by delivering itor by mailing itby firstclassmail toBorrower at the.propertyaddress above or at a differentaddress if Borrower' Borrower has given Lender a noticeof s diEe-::2address. .. . Any noticethatmust be given toLender under thisNote willbe given class by. first mail to Lerlderat theaiidress stated in Paragraph 4(B) or ata diffetent address ifBorrower is givena noticeof thatdifferent address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE . Ifmore than one personsigns thisNote, each person and is fully personallyobligated tokeep allof thepromises made in thisNote, includingthe promise topay the fullamount owed. Any personwho or endorser is a g=.===.='.o•, surety ofthisNote is alsoobligated todo these things.Any personwho takes overthese obligations, the ine-imling obligationsofa guarantor,surely or endomer of thisNote, is also obligated tokeep allof thepromises made Note. in this Lender may enforceitsrightsunder this Ñote against each person individuallyoragainst allsignatories together. Any one person signing thisNote may be requiredto pay allof theamounts owed under thisNote. BY SIGNING BEI W, Borrower acceptsand agrees to theterms and covenantscontained inthisNote. (Seal) __.. (Seal) David C. Sanders -Borrower -Barrower (Seal) (Seal) -Borrower . . -Borrower -Borrower * . -Benower (Seal) (Seal) -Bo'rrower -Borrower Without Recourse . To O •i R (e210),02 Page2 of 2 Home By: BrOWn Index NO. INDEX #: 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 02/09/2021 01:38 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/09/2021 Pay to the order of Without Recourse U.S. B k NAA. Teresa Bulver Vice President