arrow left
arrow right
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane DoeReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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 02/25/2008 13 45 Page 2 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 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 ____ 02/25/2008 13 45 Page 3 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 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 02/25/2008,13 45 Page 4 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 . 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 02/25/2008 13 45 Page 5 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 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 02/25/2008 13 45 Page 6 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 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 02/25/2008 13 45 Page 7 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 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