Preview
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
EXHIBIT A
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
LOAN AGREEMENT
!n-:!s±:;; Truth-in-Lendmg Disclüsure
Londer (CÃed "We", "Us", "Our")
HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK
100 COBBLESTONE CRT DRIVE
SUITE A-10
VICTOR, NY 14564
Borrowers (Called "You", "Your")
AMY L WOODEN
CHRISTOPHER S WOODEN
3437 RT 54 A
BRANCHPORT, NY 14418
e of Loan 02/25/2008 Loan Number
"your" "We" "us" "our"
In this agreement, "you", mean the Borrower(s) who signs this agreement and
refer to the Lender This agreement covers the terms and ccñditicñs of your loan Itis impostant to us
that you clearly understand the features of your loan Please read this agreement carefully and ask us
any questions you may have
Truth-m-Lendmg Disclosure
ANNUAL FINANCE CHARGE Amount Fmanced Total of Payments
PERCENTAGE RATE
The dollar amount The amount of The amount you will
The cost of your credit the creditwill cost creditpiGvid6d to have paid after you have
as a yearly rate you you or on your made allpaymsats as
behalf scheduled
10 939% $92,476 35 $88,999 65 $181,476 00
Your paymsat echedule will be
Nümbsr of Payments Amount of When Payiiisats are Due ("e")
Payments
1 $1,008 20 03/25/2008
179 $1,008 20 Day 25 of each month thereaftsr
02/25/2008 13 45 Page 1 of 7
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
Assumption Semeoñê buying your home cannot assume the remainder of the mortgage on
the onginal terms
YOU ARE GIVING US A SECURITY INTEREST IN THE REAL PROPERTY AS DESCRIBED
'
IN THE MORTGAGE AND LOCATED AT
3437 RT 54 A
BRANCHPORT, NY 14418
Late Charge Ifyour mañthly installment isnot paid in full
within 15 day(s) after itis
due, you willbe charged a late charge equal to the LESSER of 2% of
the unpaid amount of the monthly installment or $99 00 Your late
charge willnot be deducted from any regular installment payment
Prepayment You may prepay your loan in fullor inpart at any time Ifyou pay off 1
your toan early, you may have to pay a penalty and you willnot be
entitled to a refund ofthat part of the Finance Charge consisting of
any prepaid finance charges
See your contract documents for any additional information about nonpayment, default, any
required repayment in full
before the scheduled date, and prepayment refunds and pêñâ:ties
The Settismsat Statement provides your disbursements and the stemization of the Amount
Fmanced
ABOUT THE SECURITY
Your Obhgation to Insure You shall keep the structures located on the real property secunng
your loan insured against damage caused by fire and other physical
hazards, name us as a loss payee and deliver to us a loss payable
endorsement Ifinsurance covenng the real property is canceled or
expires while your loan is outstanding and you do not reinstate the
coverage, we may obtain, at our option, hazard insurance coverage
protecting our interest inthe realproperty as outlined below
Real Propsity Taxes and Homeowners Insurance covenng fire and other hazards on the real
Homeowners Insurance property secunty is required, naming us as a loss payee for the term
of your loan You shall pay us on the day that monthly installmêñts
are due under this agreement, an additional sum (the "Funds") to be
used to provide for payment of amounts due for (a) taxes and
assessments and other items which can attain pnonty over the
Mcrtgage as a lienor encumbrance on the real property, (b)
leasehold payments or ground rents on the real property, ifany, (c)
premiums forany and allinsurance required by us under this
agreement and the Mortgage ("Escrow Items") You willpay us the
Funds forEscrow Items unless we waive your obligation to pay the
Funds forany or allEscrow Items We may waive your obligation to
pay us Funds for any or all Escrow Items atany time Any such
waiver must be inwriting In the event of such waiver, you will be
solely responsible for paying the amounts due for any Escrow Items
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
directly and, if we require, you shall furnish us with receipts
evidencing such payment within such time penod as we may
reasonably require
Title Insurance Titleinsurance on the realproperty secunty isrequired, naming us
as a loss payee You must purchase titleinsurance or itslocal
equivalent protecting our lien on the real property as a condition to
obtaining your loan You may purchase titleinsurance from any title
insurance provider you choose that we reasonably believe provides
sufficient financialprotection to us You request such title
insurance
and authonze us to deduct the costs of the titleinsurance from your
loan proceeds in order to pay the titleinsurance provider
Londer's Right to Place You authonze us, at our option, to obtain hazard insurance coverage
Hazard Insurance on the realproperty in an amount not greater than the outstanding
be!ance of pnncipal and interest on your loan or, ifknown to be less,
the replacement value of the real property, in the event that you fall
to maintain the required hazard insurance outlined above or failto
provide adequate proof of itsexistence You authonze us to charge
you for the costs of this insurance We may choose to add the
insurance charges to the unpaid balance of your loan,which will
accrue interest at the Contract Rate, or bill
you for the annual
premium on a penodic basis The additi0ñ ofthe insurance charges
due might increase the amount of your finalmonthly installment
The cost of lender-placed hazard insurance might be higher than the
cost of standard insurance protecting the real property The
lender-placed insurance willnot insure the contents ofthe real
picpsity or provide liabilitycoverage The insurance might not be
the lowest cost coverage of itstype available and you agree that we
have no obligation to obtain the lowest cost coverage We or an
affiliatedcompany might receive some benefit from the placement
of thisinsurance and you will be charged for the fullcost of the
premium without reduction for any such benefit Ifat any time after
we have obtained this insurance, you provide adequate proof that
you have subsequently purchased the required coverage, we will
cancel the coverage we obtained and credit any unearned premiums
to your loan
____
ABOUT YOUR LOAN REPAYMENT
SCHEDULED MATURITY DATE 02/25/2023 PREPAID FINANCE CHARGES $4 448 11
MONTHS OF CONTRACT 180 PRINCIPAL $93,447 76
CONTRACT RATE (per year) 10 070% JOINT CREDIT LIFE $43 60
AMOUNT FINANCED $88 999 65
____
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
Promise to Pay You agree to the terms of this agreement and promise to pay us the
pnncipal (Amount Financed plus prepaid finance charges consisting of
Crigination Fee/Points) plus interest which is computed at a rate of
10 070% (the "Contract Rate") You agree to pay us in monthly
instalim6ñts as stated inthe Payments provision of thisagreement
You also agree to pay us (a) other charges as provided inthis
agreement, (b) credit insurance charges, ifany, (c) collection costs
attorneys'
permitted by applicable law, including reasonable fees
otherwise due under your Mortgage and (d) any other charges
reflected in your settlement statement
Interest Interest willbe charged on the unpaid pnncipal untilthe fullamount of
pnncipal has been paid You will pay us interest at a yearly Contract
Rate of 10 070%
The interest rate required by this provision isthe rate you will pay both
before and afterany default as desenbed in thisagreement
After the Scheduled Matunty Date, you will pay interest at the contract
rate in effect as of the Scheduled Matunty Date
Payments Time and Place of Payments
You willpay us pnncipal and interest by paying your msiithly
installments
You willmake your manthly installments to us on the same day of
each month beginning on or about 03/25/2008 You will make these
monthly installments every month untilyou have paid all ofthe
pnncipal and interestand any other charges desenbed herein that you
may owe under thisagreement Your monthly installments willbe
apphed to interest before pnncipal on
If, the Schariu!ed Matunty Date,
02/25/2023, you stillowe amounts under this agreement, you will pay
those amounts in full
on that date, which amount will include interest at
the then current Contract Rate or any such other rate as required by
law
You willmake your monthly installments at the address shown on page
one or at the address shown on your monthly billingstatement or at a
different place that we may give you
Amount of Monthly Installments
Your monthly insts"-c;snts will be in the amount of $1,008 20, plus the
amount of any optional insurance or funds forescrow you elected
Prepayment Subject to the prepayment penalty descñbed below, you may prepay
your loan in full
or in part at any time Ifyou pay offyour loan early,
you may have to pay a penalty and you will not be entitledto a refund
of that part of the Finance Charge consisting of any prepaid finance
charges
Prepayment Penalty
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
.
Your loan contains a prepaymêñt penalty Ifyou prepay the entire
outstanding balance of your loan at any time within 12 months of the
Date of Loan, 02/25/2008, you agree to pay a prepayment penalty
equal to 6 months interest calculated at the Contract Rate ineffect at
the time of prepayment on the unpaid pnncipal balance No
prepayment penalty will be imposed (a) ifyour loan is refinanced by
añóther loan with us, (b)after 12 months, (c) ifyour loan is prepaid
from the proceeds of any insurance, or (d) ifwe sue you
Late Charge Ifyour monthly installment is not paid in full
within 15 day(s) after itis
due, you willbe charged a late charge equal to the LESSER of 2% of
the unpaid amount of the monthly installment or $99 00 Your late
charge willnot be deducted from any regular installment payment
Bad Check Charge You agree to pay $20 00 each time any check or payment is made on
your loan by any means, including but not limited to,a check or ACH
(our Authonzation to Debit Account), which is returned unpaid by your
bank or other financial institutionfor any reason You agree that we
may deduct this charge from a monthly payment
Additional Charges You agree to pay any amounts actually incurred by us for services
rendered in connection with the opening and servicing of your loan, as
allowed by law These amounts may include fees forappraisals, title
examination, titleinsurance or its localequivalent, fees and taxes paid
to public officialsin connection with recording, relêasing or satisfying
the Moutgage and other taxes as shown in the Settlement Statement
incorporated herein by this reference You also agree to pay any other
amounts incurred by us inconnection with the servicing of your loan
including any amounts that we may (but need not) pay or that are
otheiwise due under the Mortgage, incorporated herein by this
reference
Default Ifyou don't pay on time or fallto keep any required insurance in force,
or ifpermitted in the event of default under the Mortgage, (1)allyour
payments may become due atonce, and (2) without notifying you
before bnnging suit, we may sue you forthe entire unpaid balance of
Pnncipal and accrued Interest and (3) any judgment inour favor may
include our reasonable attomey's fee and court costs as determined by
the court You agree that, should we obtain judgment against you, a
postpon of your disposable eamings may be attached or garnished (paid
to us by your employer), as provided by Federal law You agree to pay
interest on any judgment which has resulted from this Agreement at a
rate of 9% per year until the judgment is paid in full
Security Interest You agree to give us a secunty interest in the real property as
desenbed in the Mortgage
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
ABOUT OUR RELATIONSHIP
Exchange of Information You understand and agree that we willcall you from time to time to
discuss your financial needs and any loan products thatmay be of
interest to you as may be permitted by applicable law For more
mfarmation regarding our pnvacy practices, please refer toour Pnvacy
Statement, which is included withyour loan documents You agree that
the Department of Motor Vehicles (or your state's equivalent of such
depaitmsnt) may release your residence address to us, should it
becoms necessary to locate you
Credit Bureau Repaiting Ifyou fallto fulfill
the terms of your loan, a negative report reflecting
on your credit record may be submitted to a Credit Rspcitiiig Agency
Telephone Monitormg You agree that we may listento and/or record telephone callsbstwêêii
you and our representatives for quality assurance purposes
Insurance Credit insurance isOpticiial Any applicable insurance disclosures are
included with this agrêêmêñt and are incorporated herein by this
reference
Alternative Dispute The terms of the Arbitration Rider signed by you as part of your loan
Reso!••*gen transaction are inovipuiated herein by this reference
Apphoable Law The terms and conditions of thisagresiiisiit willbe govemed by the
Mortgage Bankers Law (MBL), Anticle 12-D of the Banking Law of New
York, and Part 80 of the Regulations of the New York Banking Board
issued under the MBL
Ifthis loan is a firstmsiigâÿs, itis a federally related loan made at an
agreed rate authonzed by Section 501(a), Part A, Title V, Public Law
96-221, also known as Section 1735f-7(a), Title12, United States
Code
Ifany pr0visicn ofthis agreement isfinallydetermined to be void or unenforceable under any law, rule,
or ree"lahan, all other provisions of this agrssmsiit willremain valid and eiiferceable Our failureto
enforce any provision(s) to thisagreement shall not be deemed to constitute a waiver of such term(s)
In order for any amendment to this agreement to be valid, itmust be agreed to by you and us
You acknowledge that before signmg this agrssmsnt, you have read and received this
agreement which mcludes the Federal Truth-m-Lendmg disclosure and, as apphcable, any
other riders and/or disclosures mcorporated herem by refsrsnce By signmg below, you agree
to observe the terms and conditions of this agrssmsat
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE
PROPERTY SECURING THE LOAN UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO
CANCEL THIS AGREEMENT IF YOU HAVE THIS RIGHT, THE CREDITOR IS REQUIRED TO
PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND
TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT
Borrower Date
A
Borrow Date
HMTS OPHER S WOODEN
Wdness
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FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
ALLONGETONOTE
Service #
Control Number
Allonge to Note Dated 2/25/08
And Executed by AMY L WOODEN AND CHRISTOPHER S WOODEN
County of YATES
Property Address 3437 RT54A, BRANCHPORT, NY 14418-9654
Loan Amount $93,447 76
Pay to theorder of LSF9 MASTER PARTICIPATION TRUST
Without recourse HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, BY
CALIBER HOME LOANS, INC , AS ATTORNEY IN FACT
Stonen Wade
Title Authsrized S:gaatory
Prepared By STEPHANIE L BURDICK
CAALNG
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
ALLONGETONOTE
Service #
Control Nu1nber
Allonge to Note Dated 2/25/08
And Executed by AMY L WOODEN AND CHRISTOPHER S WOODEN
County of YATES
Property Address 55 WEST LAKE RD, BRANCHPORT, NY 14418-9654
Loan Arnount $93,447 76
Pay to the order of CITIBANK, N A AS TRUSTEE FOR CMLTI ASSET TRUST
Without recourse LSF9 MASTER PARTICIPATION TRUST, BY TS TRUSTEE U S BalyK
TRUST, N A , THROUGH CAI JRER HOME L ANS, INC , AS ATTORDiEY
IN FACT FOR THE TRUSTEE
By
Be and: Coulten
Title Authorized Signatsry
Prepared By LINDSEY R HARTMAN
CAALNG
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/08/2021
Note Allonge
Statement of Pwpose This Note Allonge is attached to and made a part of the Note, for the purpose of
Noteholder Endorsement to evidence a transfer of mterest
Loan Date 2/25/2008
Original Loan Amount S93,447 76
Lender HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK
Borrower AMY L WOODEN & CHRISTOPHER S WOODEN
Property Address 55 W LAKE RD, BRANCHPORT, NY 14418
Pay to the order of
Without recourse
CITIBANK, N A , AS TRUSTEE FOR CMLTI ASSET TRUST, BY
MERIDIAN ASSET SERVICES, INC , ITS ATTORNEY-IN-FACT
By
Printed Name STEVEN JANICEK
Title ASSISTANT VICE PRESIDENT