Preview
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
Exhibit B
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
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 It is 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 credit will cost credit piGvid6d to have paid after you have
as a yearly rate you you or on your made all paymsats 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
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
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 If your mañthly installment is not paid in full within 15 day(s) after it is
due, you will be charged a late charge equal to the LESSER of 2% of
the unpaid amount of the monthly installment or $99 00 Your late
charge will not be deducted from any regular installment payment
Prepayment You may prepay your loan in full or in part at any time If you pay off 1
your toan early, you may have to pay a penalty and you will not be
entitled to a refund of that 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 If insurance 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 in the real property 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 lien or encumbrance on the real property, (b)
leasehold payments or ground rents on the
(c) real property, if any,
premiums for any and all insurance required by us under this
agreement and the Mortgage ("Escrow Items") You will pay us the
Funds for Escrow Items unless we waive your obligation to pay the
Funds for any or all Escrow Items We may waive your obligation to
pay us Funds for any or all Escrow Items at any time Any such
waiver must be in writing 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. 29 RECEIVED NYSCEF: 09/08/2021
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 Title insurance on the real property secunty is required, naming us
as a loss payee You must purchase title insurance or its local
equivalent protecting our lien on the real property as a condition to
obtaining your loan You may purchase title insurance from any title
insurance provider you choose that we reasonably believe provides
sufficient financial protection to us You request such title insurance
and authonze us to deduct the costs of the title insurance from your
loan proceeds in order to pay the title insurance provider
Londer's Right to Place You authonze us, at our option, to obtain hazard insurance coverage
Hazard Insurance on the real property in an amount not greater than the outstanding
be!ance of pnncipal and interest on your loan or, if known 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 fail to
provide adequate proof of its existence 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, will which
accrue interest at the Contract Rate, or bill you for the annual
premium on a penodic basis The additi0ñ of the insurance charges
due might increase the amount of your final monthly 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 will not insure the contents of the real
picpsity or provide liability coverage The insurance might not be
the lowest cost coverage of its type available and you agree that we
have no obligation to obtain the lowest cost coverage We or an
affiliated company might receive some benefit from the placement
of this insurance and you will be charged for the full cost of the
premium without reduction for any such benefit If at 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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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 in the Payments provision of this agreement
You also agree to pay us (a) other charges as provided in this
agreement, (b) credit insurance charges, if any, (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 will be charged on the unpaid pnncipal until the full amount 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 is the rate you will pay both
before and after any default as desenbed in this agreement
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 will pay us pnncipal and interest by paying your msiithly
installments
You will make 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 until you have paid all of the
pnncipal and interest and any other charges desenbed herein that you
may owe under this agreement Your monthly installments will be
apphed to interest before pnncipal If, on the Schariu!ed Matunty Date,
02/25/2023, you still owe 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 will make your monthly installments at the address shown on page
one or at the address shown on your monthly billing statement 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 for escrow you elected
Prepayment Subject to the prepayment penalty descñbed below, you may prepay
your loan in full or in part at any time If you pay off your loan early,
you may have to pay a penalty and you will not be entitled to a refund
of that part of the Finance Charge consisting of any prepaid finance
charges
Prepayment Penalty
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
.
Your loan contains a prepaymêñt penalty If you 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 in effect at
the time of prepayment on the unpaid pnncipal balance No
prepayment penalty will be imposed (a) if your loan is refinanced by
añóther loan with us, (b) after 12 months, (c) if your loan is prepaid
from the proceeds of any insurance, or (d) if we sue you
Late Charge If your monthly installment is not paid in full within 15 day(s) after it is
due, you will be charged a late charge equal to the LESSER of 2% of
the unpaid amount of the monthly installment or $99 00 Your late
charge will not 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 institution for any reason You agree that we
may deduct this charge from a monthly payment
Additional Charges You agree to pay any amountsincurred by us for services
actually
rendered in connection with
opening the
and servicing of your loan, as
allowed by law These amounts may include fees for appraisals, title
examination, title insurance or its local equivalent, fees and taxes paid
to public officials in connection with recording, relêasing or satisfying
the Moutgage and other taxes as shown in the Settlement Statement
incorporated herein by this reference You also to pay any other
agree
amounts incurred by us in connection 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 If you don't pay on time or fall to keep any required insurance in force,
or if permitted in the event of default under
Mortgage, (1) the all your
payments may become
at once, due
and (2) without notifying you
before bnnging suit, we may sue you for the entire unpaid balance of
Pnncipal and accrued Interest and (3) any judgment in our 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. 29 RECEIVED NYSCEF: 09/08/2021
ABOUT OUR RELATIONSHIP
Exchange of Information You understand and agree that we will call you from time to time to
discuss your financial needs and any loan products may that be of
interest to you as may be permitted by applicable law For more
mfarmation regarding our pnvacy practices, please refer to our Pnvacy
Statement, which is included with your 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 If you fall to 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 listen to and/or record telephone calls bstwêêii
you and our representatives for quality assurance purposes
Insurance Credit insurance is Opticiial 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 this agresiiisiit will be 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
If this loan is a first msiigâÿs, it is 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), Title 12, United States
Code
If any pr0visicn of this agreement is finally determined to be void or unenforceable under any law, rule,
or ree"lahan, all other provisions of this agrssmsiit will remain valid and eiiferceable Our failure to
enforce any provision(s) to this agreement shall not be deemed to constitute a waiver of such term(s)
In order for any amendment to this agreement to be valid, it must 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. 29 RECEIVED NYSCEF: 09/08/2021
DEFAULT IN THE PAYMENT
OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE
PROPERTY SECURING LOANTHE 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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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
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 the order 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 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
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 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/08/2021
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