Preview
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
Exhibit A
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
APP #
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
ORIGINAL more
March 25, 2002 Corning New York
.............
....................
...................
.....................
....................
.......................
227 Steege Hill Road New York 14830
..................................................................Corning,
. . .. ....................................................................
1. BORROWER'S PROMISE TO PAY
In return
for a loanthatI have I promiseto U.S.$ ...9.2, 0000............
(this
amount is
received, pay
.conseco inance cre t corp
called olus
"Principal"), to
interest, theorder ofthe Lender.The Lender is
Three StamfordLanding, Suite 410, Stamford, CT 06902
......................................................................................................................................................
....................................................................................................................................................
.
I will
make all paymentsunderthis Notein theform of cash,check or money order.
I understandthat the Lender may transferthisNote. The Lender or anyone who takes thisNote by
Holder."
transferand who is entitled
toreceive payments under thisNote is called
the"Note
2. INTEREST
Interestwill
be charged on unpaid principal
untilthe full
arnount ofPrincipalhas been paid.I will
pay
.c 29, 20 2
at a yearly
interest rateof ...
. . .Î.Ÿ....
%. Interest
willbe charged beginningon ..
The interestraterequired by thisSection 2 isthe rateI willpay both before and afterany default
describedin Section6(B) ofthisNote.
3. PAYMENTS
(A)PeriodicPayments
I will
pay principal
and interestby making periodic
payments when scheduled:
a I will
make . . . . . ...................
payments of$.. . .?......................................
each on the
......................................................
of each . . ..g.....
................. . . ..................................
......................................................
............................................................
beginningon .
Ê willmake payments as follows:
Payment"
n additiontothe payments described above,I will
pay a "Balloon of $ .......................
on ..................................................
. TheNote Holderwilldeliverormail tome noticepriorto
maturity thatthe BalloonPayment is due.Thisnotice will
state the BalloonPayment amount and
the datethat it is due.
(B) MaturityDate and Placeof Payments
I willmake these payments as scheduled untilI havepaid allof the Principal
and interestand any
other charges describedbelow that I mayowe under thisNote. My periodic ayrp nts willbe appliedas of
2032
......9.....3,
itsscheduled due dateand will
be appliedto interest
before Principal. on
If,
I still
owe amounts under thisNote, I willpay those amounts in fullon that date,which iscalled the
Date."
"Maturity
Conseco Finance, 7360 South Kyrene Road, Tempe,
.........................................................................................
Imake Iny periodicpayrnentsat
...............................................................................................................................
or ata different
place ifrequired
by the Note Holder.
4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY
I have the rightto make payments of Principalat any time before they are due. A payment of
Principalonlyis known as a "Prepayment." When I makea Prepayment. I will
telltheNote Holder in writing
th¿at I am so. I will Prepayment of .Six.."°.nth
intereston e netunpaid loanamunt
i doin9 oen be ance is pag
he entire p i wit in12 wonthe
penalty
fe m thedate of loan.
......................................................................................................................................................
..............................................................................................................
ifI prepaythisNote in full.
The Note Holder willuse my Prepayments to reducethe amount of Principal
that I owe under this
Note. However, the Note Holdermay apply my Prepayment to the accrued and unpaid intereston the
Prepayment amount, beforeapplying my Prepayment to reduce thePrincipalamount of theNote. If I make
a
partialPrepayment, there willbe no changes inthe due date orin the amount of my periodicpayment
unless theNote Holder agreesin writingtothose changes.
5. LOAN CHARGES
Ifa law, which appliesto thisloan and which sets maxirnum loancharges, isfinallyinterpreted
so
that theinterestor otherloan charges collected
or to be collectedin connectionwith thisloanexceed the
permitted then:
limits, (a)any such loan charge shallbe reduced by the amount necessary to reduce the
charge to thepermitted and
limit; (b) anysums alreadycollectedfrom me which exceeded permitted limits
willbe refunded to me. The Note Holder may choose to make thisrefund by reducing the Principal
I owe
under thisNote or by making a directpayment to me. Ifa refund reduces the
Principal, reductionwillbe
treatedas a partial
Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(AlLate Charge forOverdua Payments
If the Note Holder has not receivec:
the fullamount of any periodicpayment by the end of
..............W..............
calendardays afterthedate it is due,
I will
pay a latecharge tothe Note Holder.The
arnount ofthe charge willbe ........T.T............... . I will
pay thislatecharge promptlybut only once on eachlatepayment.
** 2% ofunpaid amount.
(B) Default
IfI do notpay thefullamount of each periodic
payment on thedate I will
It is due, be in default.
(C) NoticeofDefault
IfI am in the
default, Note Holder may send me a writtennotice me
telling thatifI do notpay the
overdue amount by a certaindate,the Note Holder may requireme to pay immediately thefullamount of
Principal
which hasnot been paid and all the
interest
that I owe on thatamount. That date must be at least
30 days afterthe dateon which the noticeis mailed
to me or deliveredby othermeans.
(D) No Waiver By Note Holder
Even if,at a tirne
when I am in default,
the Note Holder does not requireme to pay immediately in
full
as described above,the Note Holder will
still
have therightto do so if I am in default
at a later
time.
GT-15-OO-092 (page1of 2 pagesf
MULTIPURPOSE FIXED RATE NOTE (MULTISTATE)
Bankers
Systems.St.CIcud,
Inc., MNForrn 2/2.12001
Gr4WFRN-LAZ
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
(E) Payment ofNote Holder'sCosts and Expenses
If theNoteHolder has requiredme to pay immediatelyin-full
aVd chbed a ove, theNote Holderwill
have the righttobe paid back by me forallofitscosts and expenses in thisNote to
enforcingattorneys' theextent
not prohibited
by applicablelaw.Those expenses for
include, example,reasonable fees.
7. GIVING OF NOTICES
Unless applicablelaw requiresa differentmethod, any noticethat must be givento me under this
Note willbe givenby deliveringitor bymailingit byfirst
classmail tome at the PropertyAddress above or
at a different
address ifI givetheNote Holder a noticeofmy differentaddress.
Any notice thatmust be given to theNote Holder under thisNote willbe givenby mailing itbyfirst
classmail tothe Note Holder atthe address statedin Section3(B) on page 1 ofthisNote or at a different
address if I am given
a noticeofthatdifferentaddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person is fully
and personallyobligatedtokeep allof
the promises made in this
Note, includingthepromise to pay the full
amount owed. Any person who isa
guarantor,surety orendorser of thisNote is also
obligatedto do thesethings.Any person who takesover
these obligations,includingthe obligationsof the guarantor,surety or endorser of this Note, isalso
obligatedto keep allofthe promises made in this
Note. The Note Holder may enforce itsrightsunder this
Note againsteach person or
individually againstallof us together.Thismeans thatany one ofus may be
requiredto pay all
of theamounts owed under thisNote.
9. ARBITRATION
AIIdisputes,claims,or controversiesarisingfrom orrelatingtothe extensionof creditevidenced by
thisNote or the relationships
which resulttherefrom, orthe of
validity thisarbitration
clause orthe entire
Note, shallbe resolvedby bindingarbitration
by one arbitrator
selected by Note Holder with my consent.
This arbitration
agreement ismade pursuant toa transectioninvolvinginterstatecommerce, and shallbe
governed by the FederalArbitrationAct, Title9 of the United States Code. Judgment upon the award
rendered may be entered in any court having jurisdiction.
The parties agree and understand that they
choose arbitration
instead oflitigation
toresolve disputes.
The parties
understand that theyhave a rightor
opportunityto litigate
disputes incourt,but that they prefertoresolve theirdisputesthrough arbitration,
except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAlVE ANY RIGHT THEY
HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO
A COURT ACTION BY NOTE HOLDER (AS PROVIDED HEREIN). The partiesagreeand understand thatall
disputesarisingunder case law, statutorylaw,and all other
laws including,butnot limitedto,all contract,
tort,and propertydisputes,willbe subjecttobinding arbitration
in accordwiththisAgreement. I agree
that
I shall
not have therightto participate or a member
as a representative of any classof claimantspertaining
to any claim from
arising or to
relating theextension of credit
evidenced by thisNote.The partiesagree and
understand that the arbitrator
shallhave allpowers provided by law and the Note. These powers shall
includealllegaland equitableremedies, but
including, not limitedto,money damages, declaratoryrelief ,
and injunctiverelief.
Notwithstandinganything hereunto thecontrary,Note Holder retainsan optionto use
judicial
or non-judicial
relief
to enforce a security
agreement to
relating thecollateral
secured in a transaction
underlyingthis arbitration
agreement, to enforcethe monetary obligationorto forecloseon the collateral.
Such judicial
relief
would take the form of a lawsuit.The institution
and maintenance of an actionfor
judicial
relief
in a courtto forecloseupon any to
collateral, obtaina monetary judgment or to enforcethe
securityagreement, shallnot constitutea waiver ofthe rightof any partyto compel arbitrationregarding
any otherdispute orremedy subjecttoarbitration
in this
Note, includingthe of
filing a counterclaimin a suit
brought by Note Holder pursuant to thisprovision.For purposes of this arbitration
clause, the term
"parties" Holder
means Note and the undersignedborrower(s),collectively.
10. WAlVERS
I and any other person who has obligationsunder thisNote waive the rightsofPresentment and
of "Presentment" to require the Holder to demand of
Notice Dishonor. means the right Note payment
due. Dishonor" right Note Holder to other
amounts "Notice of means the to requirethe give noticeto
persons thatamounts due have notbeen paid.
11. SECURED NOTE
In addition
to the given
protections tothe Note Holder underthisNote, a Mortgage, Deed of Trustor
SecurityDeed (the"SecurityInstrument"),datedthe same dateas thisNote, protectstheNote Holder from
possiblelosses which might resultifI do notkeep the promises which I make in thisNote. That Security
Instrument describeshow and under what conditionsI may be requiredto make immediate payment in full
of all amountsI owe underthisNote. Some of thoseconditions as follows:
are described
Transfer ofthe Property or a BeneficialInterestin Borrower. Ifallor any part of the
Property orany Interestinthe Property issold ortransferred(or ifBorrower is not a natural
person and a beneficial
interestin Borrower or
is sold without
transferred) Lender'spriorwritten
consent, Lender may requireimmediate payment in fullof allsums secured by thisSecurity
Instrument.However, thisoption shall
not be exercisedby Lender ifsuch exercise isprohibited
by ApplicableLaw as of thedate ofthisSecurityInstrument.
(fLender exercises thisoption, Lender shallgive Borrower notice of acceleration.
The
notice shallprovide a periodof not less than 30 days from the date the notice isgiven in
accordance with Section 15 withinwhich Borrower must pay allsums secured by thisSecurity
Instrument.IfBorrower failstopay these sums priortothe expirationofthisperiod,Lender may
invoke any remedies permittedby thisSecurityInstrument without furthernoticeor demand on
Borrower.
12. BALLOON PAYMENT DISCLOSURE
[Complete the BalloonPayment noticebelow if this
Note providesfor a BalloonPayment atSection
3(A) on page 1 of this
Note.]
THIS LOAN ISPAYABLE IN FULL ...........
. ............................................................................
REPAY THE
.......................................................................................................................
. I MUST
ENTlRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A
LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I
WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I
WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO
LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL
OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING
FROM THE SAME LENDER.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDE IGNED.
...C. . Ó.. d. . ..t.(.
.'............................................(Seal)
Linda STurley ©Ï -sonewer
[SignOriginalOnly]
Bankers Mc.,St.Cloud,
Systems, MNFormGT-MPFRN-LAZ
2/2/2001 GT-15-00-o92
(2/01) (page2 of 2 pages)
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
ALLONGE TO NOTE
Statement of Purpose:ThisNote Allongeis attached
to and made a part Note, for
of the thepurpose of
NoteholderEndorsement to evidence of interest.
a transfer
Borrower Name: CHARLES N SHIRLEY
CoBorrower Name: LINDA SHIRLEY
Note Date: 3/30/2002
Amount $82,000.00
PropertyAddress: 227 STEEGE HILL RD
CORNING, NY 14830
Loan#:
PAY TO THE ORDER
OF:
By:
Direch Rnandal,LLCfka Green TreeServdng, fkaConseco Rnance
ServidngCorp
By NewRez LLC d/b/aShellpointMortgage as attor
Servicing, n fa
C thiaM. B Manager
NewRez LLC
liellpoirt gage Servicing
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
CHEMUNG COUNTY CLERK
MORTGAGE
Index
Return To:
Book 00000 Page 0000
CONSECO FINANCE SERVICING CORP
7360 S KYRENE RD No. Pages 0008
TEMPE AZ 852 83-9824 Instrument MORTGAGE
Date : 4/12/2002
Time : 9:41:29
Control # 200204120010
SHIRLEY, CHARLES N. & LINDA REF # M CT '000160
CONSECO FINANCE SERVICING CORP
Employee ID CLERK1
MORTGAGE TAX
MTG REC $ 29.00 MORTGAGE AMOUNT $ 82,000.00
REC SHEET $ 3.00
BASIC MTG $ 410.00 BASIC MORTGAGE TAX $ 410.00
SP ADD MTG $ 205.00
RMO - ST 4.75 SPEC ADDIT MTG TAX 205.00
$ $
RMO - CNTY .25
$
. $ .00 $ .00
$ .00
$ .00 Total $ 615.00
Total: $ 652.00
STATE OF NEW YORK TRANSFER AMT
CHEMUNG COUNTY CLERK
THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT TRANSFER AMT $ .00
REQUIRED BY SECTION 316-A (5) FOR THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK.
DO NOT DETACH TRANFER TAX $ .00
CATHERINE HUGHES
COUNTY CLERK
|H||HllllH|H|||||||HIH||||||H
020L1120010
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
When recorded return to:
Conseco Finance
Attn: Trailing Documents Area
7360 South Kyrene Road
Tempe, AZ 85283
State of New York Space Above TMs LineFor Recording Data AA co
GT-t$-33-089 (12/99) -
APPl1cation
MORTGAGE
(With Future Advance Clause)
N/A This is a Credit Line Mortgage as defined in New York Real Law section 281. The mortgage centerlates
Property
that Lender and Mortgagor will enter into a series of advances or advances, payments and readvances. The
aggregate meet at any time outstanding will be as specified in thisSecurity Instrument.
N/_A This is a ?±±;;- Loan Martgage as defined in New York Liert Law section 2. This Security<1nstrument is
subject to a Bu!!dizig Loan Agreement to be filed in .......................................................
County concurrently
herewith and is subject to all the provisions of that B±±;; Loan Agreement as if they were fully set forth herein
and made a part ofthis Security Instrument.
a .c 2 2
1. DATE AND PARTIES. The date ofthis Mortgage (Security Instrument) is... 2...............
and the
parties, theiraddresses and tax identificationnumbers, ifrequired, are as follows:
MORTGAGOR:
Charles N Shirley, Linda Shirley
__ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LENDER:
Conseco F inance Credit Corp.
Three Stamf ord Landing
Suite 410
Stamford, Connecticut 06902
and-
2. CONVEYANCE. For good and valüñbic cosisiderationc the receipt sufficiency of whiéhsis aéknowledged, and to
secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instramcat, Mortgagor grants,
bargains, sells,conveys and mortgages to Lender, with the power of sale,the following described property:
Parcel ID :
See Exhibit A for full Legal Description.
E.cric© 2(e. oo 8-ce.K t C-of h • 1
@
. .
NEW YORK - MORTGAGE (NOT FORFNMA, FHLMC,FHAoR VA USE) GT-15-33-o89(12/99) tpage 1 of 6)
01995,1997 BankersSystems,Inc.. St. Cloud,MN FermGT-REMTGt.2NY
12/13/99
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021
..........S en
The property is locatedin
(County)
227 Steege Hill Road Corning . 14830
........................................................., New York
..................................................., ........................
(Address) (City) (ZIPCode)
Together with allrights, easements, appürtenances, ro alties,mineral rights, oil and gas rights, allwater and riparian
rights, wells, ditches, reservoirs, and water stock an all existing and future irapravcacñts, structures, fixtures, and
replacements that may now, or at any time in the future, be part of the realestate described above (allreferred to as
"Property").
3. MAXIMUM OB
O
e amoum secu Secu% Inshem a any one he M nm
exceed $ ....................................................
. This limitationof amount does not include interestand other fees
and charges validlymade pursuant to thisSecurity Instrument. Also, thislimitationdoes not apply toadvances made under
the terms of this Instrument to protect Lender's and to perform of the covenants contained in this
Security security any
Security Instrument.
Debt"
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured is?definedas×follows: . .
A Debt induñed undel the terins ef all"promissory nòte(s), contrÁct(s), guaranty(ies) or other evidence of debt
described below and all theirextensions, renewals, madifications or substitutions. (When referencing the debts
borrowers'
below itis suggested that you include items such as names, note amounts, interestrates, maturity dates,
description of building loan contract, etc.)
Note dated March 25, 2002 , between Cons e co Finance Credit Corp. and Charles N
Shirley, Linda Shirley, for $82, 000. 00, maturing April 3, 2032.
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any
promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security
Instrument whether or not this Security Instrument isspecifically referenced. If more than one person signs this
Security Instrument, each Mortgagor agrees that thisSecurity Instrument will secure allfuture advances and future
obligations that aregiven toor incurred by any orieor more Mortgagor, or any one or more Mortgagor and others.
All future advances and other future obligationsare secured by thisSecurity Instrument even though allor part may
not yet be advanced. All future advances and other future obligations are secured as ifmade on the date of this
Security Instrument. If this is a Credit Line Mortgage, advances made more than 20 years after this Security
Instrument was recorded are also secured, but may not be secured to the same extent as advances made within 20
years of recording. Nothing in this Security Instrument shall constitutea coeltmant to make additional or future
loans or advances in any amount. Any such commitment must be agreed to ina separate writing.
C. All obligations Mortgagor owes toLender, which now existor may laterarise,to the,extent not prohibited by law,
including,.but..notlimitéd to,.±liabilitiesïfor
overdrafts.relatitietoariydepositdiccount agreement-betiveen Mortgagor
and Lender.
D. All additicñal sums advanced and expenses incurred by Lender forinsuring, preserving or otherwise protecting the
Property and itsvalue and any other sums advanced and expenses incurred by Lender under the terms of this
Security Instrument.
This Security Instrument will not secure any other debt ifIEnder failsto give any required notice of the rightof rescission.
5. PAYMENTS. Mortgagor agrees that allpayments under the Secured Debt will be paid when due and in aceaniance with
the terms of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Mortgagor warrants thatMortgagor isor will be lawfully seized of the estateccñveyed by this
Security Instrumeñt and has the rightto grant, bargain, convey, sell and mortgage the Property, with the power of sale.
Mortgagor also warrants thatthe Property is üñêñcuinbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, securityagreeinent or other lien
Preview
FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 Exhibit A FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 APP # NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 ORIGINAL more March 25, 2002 Corning New York ............. .................... ................... ..................... .................... ....................... 227 Steege Hill Road New York 14830 ..................................................................Corning, . . .. .................................................................... 1. BORROWER'S PROMISE TO PAY In return for a loanthatI have I promiseto U.S.$ ...9.2, 0000............ (this amount is received, pay .conseco inance cre t corp called olus "Principal"), to interest, theorder ofthe Lender.The Lender is Three StamfordLanding, Suite 410, Stamford, CT 06902 ...................................................................................................................................................... .................................................................................................................................................... . I will make all paymentsunderthis Notein theform of cash,check or money order. I understandthat the Lender may transferthisNote. The Lender or anyone who takes thisNote by Holder." transferand who is entitled toreceive payments under thisNote is called the"Note 2. INTEREST Interestwill be charged on unpaid principal untilthe full arnount ofPrincipalhas been paid.I will pay .c 29, 20 2 at a yearly interest rateof ... . . .Î.Ÿ.... %. Interest willbe charged beginningon .. The interestraterequired by thisSection 2 isthe rateI willpay both before and afterany default describedin Section6(B) ofthisNote. 3. PAYMENTS (A)PeriodicPayments I will pay principal and interestby making periodic payments when scheduled: a I will make . . . . . ................... payments of$.. . .?...................................... each on the ...................................................... of each . . ..g..... ................. . . .................................. ...................................................... ............................................................ beginningon . Ê willmake payments as follows: Payment" n additiontothe payments described above,I will pay a "Balloon of $ ....................... on .................................................. . TheNote Holderwilldeliverormail tome noticepriorto maturity thatthe BalloonPayment is due.Thisnotice will state the BalloonPayment amount and the datethat it is due. (B) MaturityDate and Placeof Payments I willmake these payments as scheduled untilI havepaid allof the Principal and interestand any other charges describedbelow that I mayowe under thisNote. My periodic ayrp nts willbe appliedas of 2032 ......9.....3, itsscheduled due dateand will be appliedto interest before Principal. on If, I still owe amounts under thisNote, I willpay those amounts in fullon that date,which iscalled the Date." "Maturity Conseco Finance, 7360 South Kyrene Road, Tempe, ......................................................................................... Imake Iny periodicpayrnentsat ............................................................................................................................... or ata different place ifrequired by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY I have the rightto make payments of Principalat any time before they are due. A payment of Principalonlyis known as a "Prepayment." When I makea Prepayment. I will telltheNote Holder in writing th¿at I am so. I will Prepayment of .Six.."°.nth intereston e netunpaid loanamunt i doin9 oen be ance is pag he entire p i wit in12 wonthe penalty fe m thedate of loan. ...................................................................................................................................................... .............................................................................................................. ifI prepaythisNote in full. The Note Holder willuse my Prepayments to reducethe amount of Principal that I owe under this Note. However, the Note Holdermay apply my Prepayment to the accrued and unpaid intereston the Prepayment amount, beforeapplying my Prepayment to reduce thePrincipalamount of theNote. If I make a partialPrepayment, there willbe no changes inthe due date orin the amount of my periodicpayment unless theNote Holder agreesin writingtothose changes. 5. LOAN CHARGES Ifa law, which appliesto thisloan and which sets maxirnum loancharges, isfinallyinterpreted so that theinterestor otherloan charges collected or to be collectedin connectionwith thisloanexceed the permitted then: limits, (a)any such loan charge shallbe reduced by the amount necessary to reduce the charge to thepermitted and limit; (b) anysums alreadycollectedfrom me which exceeded permitted limits willbe refunded to me. The Note Holder may choose to make thisrefund by reducing the Principal I owe under thisNote or by making a directpayment to me. Ifa refund reduces the Principal, reductionwillbe treatedas a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (AlLate Charge forOverdua Payments If the Note Holder has not receivec: the fullamount of any periodicpayment by the end of ..............W.............. calendardays afterthedate it is due, I will pay a latecharge tothe Note Holder.The arnount ofthe charge willbe ........T.T............... . I will pay thislatecharge promptlybut only once on eachlatepayment. ** 2% ofunpaid amount. (B) Default IfI do notpay thefullamount of each periodic payment on thedate I will It is due, be in default. (C) NoticeofDefault IfI am in the default, Note Holder may send me a writtennotice me telling thatifI do notpay the overdue amount by a certaindate,the Note Holder may requireme to pay immediately thefullamount of Principal which hasnot been paid and all the interest that I owe on thatamount. That date must be at least 30 days afterthe dateon which the noticeis mailed to me or deliveredby othermeans. (D) No Waiver By Note Holder Even if,at a tirne when I am in default, the Note Holder does not requireme to pay immediately in full as described above,the Note Holder will still have therightto do so if I am in default at a later time. GT-15-OO-092 (page1of 2 pagesf MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) Bankers Systems.St.CIcud, Inc., MNForrn 2/2.12001 Gr4WFRN-LAZ FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 (E) Payment ofNote Holder'sCosts and Expenses If theNoteHolder has requiredme to pay immediatelyin-full aVd chbed a ove, theNote Holderwill have the righttobe paid back by me forallofitscosts and expenses in thisNote to enforcingattorneys' theextent not prohibited by applicablelaw.Those expenses for include, example,reasonable fees. 7. GIVING OF NOTICES Unless applicablelaw requiresa differentmethod, any noticethat must be givento me under this Note willbe givenby deliveringitor bymailingit byfirst classmail tome at the PropertyAddress above or at a different address ifI givetheNote Holder a noticeofmy differentaddress. Any notice thatmust be given to theNote Holder under thisNote willbe givenby mailing itbyfirst classmail tothe Note Holder atthe address statedin Section3(B) on page 1 ofthisNote or at a different address if I am given a noticeofthatdifferentaddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person is fully and personallyobligatedtokeep allof the promises made in this Note, includingthepromise to pay the full amount owed. Any person who isa guarantor,surety orendorser of thisNote is also obligatedto do thesethings.Any person who takesover these obligations,includingthe obligationsof the guarantor,surety or endorser of this Note, isalso obligatedto keep allofthe promises made in this Note. The Note Holder may enforce itsrightsunder this Note againsteach person or individually againstallof us together.Thismeans thatany one ofus may be requiredto pay all of theamounts owed under thisNote. 9. ARBITRATION AIIdisputes,claims,or controversiesarisingfrom orrelatingtothe extensionof creditevidenced by thisNote or the relationships which resulttherefrom, orthe of validity thisarbitration clause orthe entire Note, shallbe resolvedby bindingarbitration by one arbitrator selected by Note Holder with my consent. This arbitration agreement ismade pursuant toa transectioninvolvinginterstatecommerce, and shallbe governed by the FederalArbitrationAct, Title9 of the United States Code. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead oflitigation toresolve disputes. The parties understand that theyhave a rightor opportunityto litigate disputes incourt,but that they prefertoresolve theirdisputesthrough arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAlVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY NOTE HOLDER (AS PROVIDED HEREIN). The partiesagreeand understand thatall disputesarisingunder case law, statutorylaw,and all other laws including,butnot limitedto,all contract, tort,and propertydisputes,willbe subjecttobinding arbitration in accordwiththisAgreement. I agree that I shall not have therightto participate or a member as a representative of any classof claimantspertaining to any claim from arising or to relating theextension of credit evidenced by thisNote.The partiesagree and understand that the arbitrator shallhave allpowers provided by law and the Note. These powers shall includealllegaland equitableremedies, but including, not limitedto,money damages, declaratoryrelief , and injunctiverelief. Notwithstandinganything hereunto thecontrary,Note Holder retainsan optionto use judicial or non-judicial relief to enforce a security agreement to relating thecollateral secured in a transaction underlyingthis arbitration agreement, to enforcethe monetary obligationorto forecloseon the collateral. Such judicial relief would take the form of a lawsuit.The institution and maintenance of an actionfor judicial relief in a courtto forecloseupon any to collateral, obtaina monetary judgment or to enforcethe securityagreement, shallnot constitutea waiver ofthe rightof any partyto compel arbitrationregarding any otherdispute orremedy subjecttoarbitration in this Note, includingthe of filing a counterclaimin a suit brought by Note Holder pursuant to thisprovision.For purposes of this arbitration clause, the term "parties" Holder means Note and the undersignedborrower(s),collectively. 10. WAlVERS I and any other person who has obligationsunder thisNote waive the rightsofPresentment and of "Presentment" to require the Holder to demand of Notice Dishonor. means the right Note payment due. Dishonor" right Note Holder to other amounts "Notice of means the to requirethe give noticeto persons thatamounts due have notbeen paid. 11. SECURED NOTE In addition to the given protections tothe Note Holder underthisNote, a Mortgage, Deed of Trustor SecurityDeed (the"SecurityInstrument"),datedthe same dateas thisNote, protectstheNote Holder from possiblelosses which might resultifI do notkeep the promises which I make in thisNote. That Security Instrument describeshow and under what conditionsI may be requiredto make immediate payment in full of all amountsI owe underthisNote. Some of thoseconditions as follows: are described Transfer ofthe Property or a BeneficialInterestin Borrower. Ifallor any part of the Property orany Interestinthe Property issold ortransferred(or ifBorrower is not a natural person and a beneficial interestin Borrower or is sold without transferred) Lender'spriorwritten consent, Lender may requireimmediate payment in fullof allsums secured by thisSecurity Instrument.However, thisoption shall not be exercisedby Lender ifsuch exercise isprohibited by ApplicableLaw as of thedate ofthisSecurityInstrument. (fLender exercises thisoption, Lender shallgive Borrower notice of acceleration. The notice shallprovide a periodof not less than 30 days from the date the notice isgiven in accordance with Section 15 withinwhich Borrower must pay allsums secured by thisSecurity Instrument.IfBorrower failstopay these sums priortothe expirationofthisperiod,Lender may invoke any remedies permittedby thisSecurityInstrument without furthernoticeor demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the BalloonPayment noticebelow if this Note providesfor a BalloonPayment atSection 3(A) on page 1 of this Note.] THIS LOAN ISPAYABLE IN FULL ........... . ............................................................................ REPAY THE ....................................................................................................................... . I MUST ENTlRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDE IGNED. ...C. . Ó.. d. . ..t.(. .'............................................(Seal) Linda STurley ©Ï -sonewer [SignOriginalOnly] Bankers Mc.,St.Cloud, Systems, MNFormGT-MPFRN-LAZ 2/2/2001 GT-15-00-o92 (2/01) (page2 of 2 pages) FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 ALLONGE TO NOTE Statement of Purpose:ThisNote Allongeis attached to and made a part Note, for of the thepurpose of NoteholderEndorsement to evidence of interest. a transfer Borrower Name: CHARLES N SHIRLEY CoBorrower Name: LINDA SHIRLEY Note Date: 3/30/2002 Amount $82,000.00 PropertyAddress: 227 STEEGE HILL RD CORNING, NY 14830 Loan#: PAY TO THE ORDER OF: By: Direch Rnandal,LLCfka Green TreeServdng, fkaConseco Rnance ServidngCorp By NewRez LLC d/b/aShellpointMortgage as attor Servicing, n fa C thiaM. B Manager NewRez LLC liellpoirt gage Servicing FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 CHEMUNG COUNTY CLERK MORTGAGE Index Return To: Book 00000 Page 0000 CONSECO FINANCE SERVICING CORP 7360 S KYRENE RD No. Pages 0008 TEMPE AZ 852 83-9824 Instrument MORTGAGE Date : 4/12/2002 Time : 9:41:29 Control # 200204120010 SHIRLEY, CHARLES N. & LINDA REF # M CT '000160 CONSECO FINANCE SERVICING CORP Employee ID CLERK1 MORTGAGE TAX MTG REC $ 29.00 MORTGAGE AMOUNT $ 82,000.00 REC SHEET $ 3.00 BASIC MTG $ 410.00 BASIC MORTGAGE TAX $ 410.00 SP ADD MTG $ 205.00 RMO - ST 4.75 SPEC ADDIT MTG TAX 205.00 $ $ RMO - CNTY .25 $ . $ .00 $ .00 $ .00 $ .00 Total $ 615.00 Total: $ 652.00 STATE OF NEW YORK TRANSFER AMT CHEMUNG COUNTY CLERK THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT TRANSFER AMT $ .00 REQUIRED BY SECTION 316-A (5) FOR THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH TRANFER TAX $ .00 CATHERINE HUGHES COUNTY CLERK |H||HllllH|H|||||||HIH||||||H 020L1120010 FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 When recorded return to: Conseco Finance Attn: Trailing Documents Area 7360 South Kyrene Road Tempe, AZ 85283 State of New York Space Above TMs LineFor Recording Data AA co GT-t$-33-089 (12/99) - APPl1cation MORTGAGE (With Future Advance Clause) N/A This is a Credit Line Mortgage as defined in New York Real Law section 281. The mortgage centerlates Property that Lender and Mortgagor will enter into a series of advances or advances, payments and readvances. The aggregate meet at any time outstanding will be as specified in thisSecurity Instrument. N/_A This is a ?±±;;- Loan Martgage as defined in New York Liert Law section 2. This Security<1nstrument is subject to a Bu!!dizig Loan Agreement to be filed in ....................................................... County concurrently herewith and is subject to all the provisions of that B±±;; Loan Agreement as if they were fully set forth herein and made a part ofthis Security Instrument. a .c 2 2 1. DATE AND PARTIES. The date ofthis Mortgage (Security Instrument) is... 2............... and the parties, theiraddresses and tax identificationnumbers, ifrequired, are as follows: MORTGAGOR: Charles N Shirley, Linda Shirley __ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Conseco F inance Credit Corp. Three Stamf ord Landing Suite 410 Stamford, Connecticut 06902 and- 2. CONVEYANCE. For good and valüñbic cosisiderationc the receipt sufficiency of whiéhsis aéknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instramcat, Mortgagor grants, bargains, sells,conveys and mortgages to Lender, with the power of sale,the following described property: Parcel ID : See Exhibit A for full Legal Description. E.cric© 2(e. oo 8-ce.K t C-of h • 1 @ . . NEW YORK - MORTGAGE (NOT FORFNMA, FHLMC,FHAoR VA USE) GT-15-33-o89(12/99) tpage 1 of 6) 01995,1997 BankersSystems,Inc.. St. Cloud,MN FermGT-REMTGt.2NY 12/13/99 FILED: CHEMUNG COUNTY CLERK 07/28/2021 11:46 AM INDEX NO. 2021-5793 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/28/2021 ..........S en The property is locatedin (County) 227 Steege Hill Road Corning . 14830 ........................................................., New York ..................................................., ........................ (Address) (City) (ZIPCode) Together with allrights, easements, appürtenances, ro alties,mineral rights, oil and gas rights, allwater and riparian rights, wells, ditches, reservoirs, and water stock an all existing and future irapravcacñts, structures, fixtures, and replacements that may now, or at any time in the future, be part of the realestate described above (allreferred to as "Property"). 3. MAXIMUM OB O e amoum secu Secu% Inshem a any one he M nm exceed $ .................................................... . This limitationof amount does not include interestand other fees and charges validlymade pursuant to thisSecurity Instrument. Also, thislimitationdoes not apply toadvances made under the terms of this Instrument to protect Lender's and to perform of the covenants contained in this Security security any Security Instrument. Debt" 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured is?definedas×follows: . . A Debt induñed undel the terins ef all"promissory nòte(s), contrÁct(s), guaranty(ies) or other evidence of debt described below and all theirextensions, renewals, madifications or substitutions. (When referencing the debts borrowers' below itis suggested that you include items such as names, note amounts, interestrates, maturity dates, description of building loan contract, etc.) Note dated March 25, 2002 , between Cons e co Finance Credit Corp. and Charles N Shirley, Linda Shirley, for $82, 000. 00, maturing April 3, 2032. B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument isspecifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that thisSecurity Instrument will secure allfuture advances and future obligations that aregiven toor incurred by any orieor more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligationsare secured by thisSecurity Instrument even though allor part may not yet be advanced. All future advances and other future obligations are secured as ifmade on the date of this Security Instrument. If this is a Credit Line Mortgage, advances made more than 20 years after this Security Instrument was recorded are also secured, but may not be secured to the same extent as advances made within 20 years of recording. Nothing in this Security Instrument shall constitutea coeltmant to make additional or future loans or advances in any amount. Any such commitment must be agreed to ina separate writing. C. All obligations Mortgagor owes toLender, which now existor may laterarise,to the,extent not prohibited by law, including,.but..notlimitéd to,.±liabilitiesïfor overdrafts.relatitietoariydepositdiccount agreement-betiveen Mortgagor and Lender. D. All additicñal sums advanced and expenses incurred by Lender forinsuring, preserving or otherwise protecting the Property and itsvalue and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt ifIEnder failsto give any required notice of the rightof rescission. 5. PAYMENTS. Mortgagor agrees that allpayments under the Secured Debt will be paid when due and in aceaniance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants thatMortgagor isor will be lawfully seized of the estateccñveyed by this Security Instrumeñt and has the rightto grant, bargain, convey, sell and mortgage the Property, with the power of sale. Mortgagor also warrants thatthe Property is üñêñcuinbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, securityagreeinent or other lien