Preview
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Exhibit C
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Yates County
--
Julie D. Betts
Yates County Clerk
Iggliggggggglg
60 2000D0002902
Instrument Number: 2008- 00002902
As
Recorded On: August 14, 2008 Mortgage
Parties: SHERMAN AMY L
To
HOUSEHOLD FINANCE REALTY CORP NY Billable Pages: 5
Recorded By: INTEGRATED REAL ESTATE PROCESSING Num Of Pages: 6
Comment:
** **
Examined and Charged as Follows:
Mortgage 40.00 Coversheet 5.00
Recording Charge: 45.00
Consideration
Arnount Amount RS#/CS#
Mortgage Tax 934.00 93,447.76 CZ 423 Basic 467.00
JERUSALEM Local 233.50 SpecialAdditional 233.50
Additional 0.00 Transfer 0.00
Tax Charge: 934.00
** OF **
THIS PAGE IS PART THE INSTRUMENT
I hereby certifythat the within and foregoing was recorded inthe Clerk's Office For: Yates County, NY
File Information: Record and Return To:
Document Number: 2008- 00002902 INTEGRATED REAL ESTATE PROCESSING
Receipt Number: 77467 290 BILMAR DRIVE
Recorded Date/Time: August 14, 2008 02:19:06P PITTSBURGH PA 15205-9903
Book-Vol/Pg: Bk-MT Vl-736 Pg-325
Cashier / Station: K kay / Indexing Station 2
Julie D. Betts
Yates county Clark
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Document * -
00002902
Volume t 736 Pase: 326
MORTGAGE
If box ischecked, this isan owner occupied residentialcredit linemortgage that secured advances and
readvances. ,,
THIS MORTGAGE is made this 25TH of FEBRUARY 20 08 , between the Mortgagor;
/ day
ANIY [,, SHERMAN AKA AMY L WOODEN
3437 A. BR/NCHP NY 14418
(herem crower ),and gagee HOUSEHOLO FINANCE REALTY COPRPORATION OF NEW YORK . 8
corporation organized and existing under the law of DELAWARE whose address is
1 O NE CRT DRIVE. SUITE A-10, VICTOR NY 14565
The following paragraph preceded by a checked box is applicable.
x WHEREAS, Borrower is indebted to Lender in the principal sum of 3 93, 447.76 ,
eve cod by Borrower's Loan Agreement dated FEBRUARY 2008 and any extentions or renewal thereof
25,
(including those pursuant toany Renegotiable Rate Agreement) (he-rein"Note"), providing for monthly installments of
principal and interest,liwiüding any adjustments to the amount of payments or the contract rate ifthat rateis variabic,
with the balance of theindebtedness, if notsooner paid,due and payable on FEBRUARY 2023
25,
WHEREAS, Borrower is indebted toLeader in theprincipal sum of$ , orso much thereof
as be advanced pursuant to Borrower's Revolving Loan Agreement dated and
extensions and renewals thereof (herein "Note"), providing for monthly installments,an-d interestat the rateaiid under
the terms specified in the Note, including any adjustments inthe interestrate ifthat rateisvariable, and providing for a
credit limit stated in theprincipal sum above with an initial
advance $ , which is included in the
principaleum.
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon,
includiñg any increases ifthe contract rateis variable;(2)future advances under any Revolving Loan Agreement; (3) the
payment of allother sums, withinterest thereon,advanced in accordance herewith to protect thesecurity ofthis Mortgage
including Londer's reasonable attorney'sfees and other expenses incurred in connection with foreclosure as permitted by
applicable law; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does
hereby mortgage, grant and convey to Londer and Londer's successors and assigns the following described property
(herein "Property")
located in the County of YATES Stateof New Yoric
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWN OF JERUSALEM IN
THE COUNTY OF YATES AND STATE OF NEW YORK, BEING MORE FULLY
DESCRIBED IN A DEED DATED 09/29/2005 AND RECORDED 10/31/2005,
AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE,
IN DEED LIBER 531 AND PAGE 219.
TAX MAP NUMBER: 83.67-1-30
CHECK IP APPLICABLE
The property isimproved by a one or two farrilyreside ce and no other improvement exceeds the cost value of
theresidence.
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Document 00002902
Voluael 736 Pases 327
Borrower promises and agrees as follows:
Payment 1. Borrower willpay as promised in the Note according to itsterms.
Insurance 2. That the Borrower will keep the buildings on the premises insured againstloss by fire for tte
benefit of the Lender; that he/she will assignand deliver the policiesto the Leader; and that helsne
will reimburse the Lender for any premiums paid for insurance made by the Lender on the
Borrower's default in so insuringthe buildings or in so assigning and delivering the policies,
Funds For 3, (a) Borrower's Obligations. I will pay to Lender allamounts necessary to pay for taxes,
Escrow Items •waaments, water charges, sewer rents and other similar charges,ground leasehold payments or rents
(ifany), hazard or property insurance covering theProperty, flood insurance (ifany), Each Periodic
Payment willinclude an amount to be appliedtoward payment of thefollowing items which are called
Items:"
"Escrow
(1) The taxes,assessments, water charges,sewer rentsand other similar charges,on the Property
which under Applicable Law may be superior to thisSecurity Instrument as a Lien on the Property,
Any claim, demand or charge that is made against property because an obligation has not been
"Lien;"
fulfilledisknown as a
(2) The leasehold payments or ground rentson the Property (ifany);
(3) The premium forany and allinsurance required by Lender under Section 2 ofthis Security
Instrument; and
(4) If required by Leader, the amount for any Community Association Dues, Fees, and
Assessments.
After signing the Note, or at any time during itsterm, Lender may include these amounts as
Escrow Items. The monthly payment I willmake for Escrow Items willbe based on Lender's estimate
of theannual amount required.
I willpay allof these emounts to Lender unlessLender tellsme, in writing, that I donot have to
do so, or unless applicable law requires otherwise. I willmake these payments on the same day that
my periodic payments of principaland interestare due under the Note,
The amounts that Ipay to Leader for Escrow Items under thisSection 3 willbe called "Escrow
Funds."
Iwill pay Lender theEscrow Punds for Escrow Items unless Lender waives my obligation to
pay the Escrow Funds for any or allEscrow Items, Lender may waive my obligationto pay to Leader
Escrow Funds for any or allEscrow Items atany time. Any such waiver must be in writing. In the
event of such waiver, Iwill pay directly,when and where payable,the amounts due for any Escrow
Items forwhich payment ofEscrow Funds has been waived by Lender and, if Lender requires, Iwill
promptly send to Lender receiptsshowing such payment within such time period as Leader may
require, My obligation to make such payments and to provide receipts will be considered to be a
agrees"
promise and agreement contained inthis Mortgage, as thephrase "promises and isused inthis
Mortgage. IfI am obligated to pay Escrow Items directly,pursuant to a waiver, and I failto pay the
amount due for and Escrow Item, Lender may pay thatamount and Iwill then be obligated under
tiection9 of this Security Instrument to repay to Lender, Lender may revoke the waiver as to any or
all Escrow Items at any time by a notice given in accordance with Section 13 of this Security
Instrument and, upon the revocation,I will pay to Lender allEscrow Funds, and in amounts, that are
then required under this Section 3.
I promise topromptly send to Lender any notices thatI receive of Escrow Item amounts to be
paid.Lender willestimate from time to time the amount of Escrow Funds Iwill have to pay by using
existing assessments and billsand reasonable estimates of the amount of Escrow Items in thefuture,
unless applicablelaw requires Lender touse another method fordetermining the amount I am to pay,
Lender may, at any time, collectand hold Escrow Funds in an amount sufficient to permit
Lender to apply the Escrow Funds atthe time specified under RESPA. Applicable law puts limitson
the total amount of Escrow Funds Lender can atany time collectand hold, This totalamount cannot
be more than the maximum amount a lender could require under RESPA. If there is another
applicable law that imposes a lowerlimit on the totalamount ofEscrow Funds Lender can collectand
hold, Lender willbe limited to thelower amount.
(b) Lender's Obligations, Lender will keep the Escrow Funds in a savings or banking
institution which has itsdeposits insured by a federal agency, instrumentality, or entity, or in any
Federal Home Loan Bank. If Lender issuch a savings or banking Lender
institution, may hold the
Escrow Funds, Leader will use the Escrow Funds to pay the Escrow Items no laterthan the time
allowed under RESPA or other applicable law. Lender willgive to me, without charge, an annual
accounting of theEscrow Funds, That accounting willshow all additionsto and deductions from the
Escrow Funds and the reason foreach deduction.
Lender may not charge me forholding or keeping the Escrow Funds, forusing the Escrow Funds
to pay Escrow Items, formaking a yearlyanalysisof my payment of Escrow Funds or forreceiving,
or for verifyingand totaling assessments and bills.
However, Lender may charge me for theseservices
ifLeader pays me intereston theEscrow Funds and ifapplicablelaw permits Lender to make such a
charge, Lender will not be required to pay me any interest or earning on the Escrow Funds unless
either (1) Lender and I agree in writing that Lender willpay intereston the Escrow Punds, or (2)
applicable law requiresLender to pay intereston theEscrow Funds.
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Documento 00002902
Voluse: 736 Pase: 328
(c) Ad justments to the Escrow Funds. Under applicable law, there isa limit on the amount
of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this
limit, then therewill be an excess amount and RESPA requiresLender to account tome in a apecial
manner for the excessamount of Escrow Funds.
If,atany time, Londer has not received enough Escrow Funds to make the payments of Escrow
Items when the payments are due, Lender may tellme in writing that an additional amount is
necessary. I willpay to Lender whatever additional amount isnecessary to pay the Escrow Items
when the payments aredue, but the number of payments will not be more than 12.
When Ihave paid all of the Sums Secured, Lender will promptly refund to me any Escrow
Funds thatare then being held by Lender.
Maintenance 4. Borrower will keep the Property in reasonably good repair.
No sale or 5. Borrower may not, without Leader's consent alter,demolish or remove the buildings and
alteration improvements on the Property.
Taxes, etc. 6. Borrower will pay alltaxes, assessments, sewer rentsor water rates.
Title 7. Borrower warrants the title to the Property. Property is unencumbered except for prior
erfumbrances of record. Borrower is responsible for any of Londer's costs or lossesif an interest
in the Property is claimed by others.
secured'
Lien Law 8. Borrower will receive the advances y th s )(qrtgage and will hold the right to
Section 13 receivethe advances as a trustfudd. he advances willbp applied firstfor the purpose of paying the
cost of improvement. Borrower will apply the advancessfirst to the payment to the cost of
improvement before using any.part of thetotal of the advances fofany other purpose.
Default 9. That the whole of said principal sum and interest shall become due at the option of the
Lender; afterdefault in the payment of any ineta!!=ent of principalor ofinterest for fifteendays;
or after default in thepayment of any tax, water rate,sewer rent or assessment for thirty days after
notice and demand; or after default afternotice and demand eitherin assigning and delivering the
policies insuring the buildings againstloss by fireor in reimburning theLender for premiums paid
on such insurance, as hereinbefore provided; or after default upon request infurnishing a statement
of the amount due on the mortgage and whether any offsetsor defenses exist against the mortgage
debt, as hereinafter provided. An assessment which has been made payable in installments at the
application of the Borrower or lessee of the premises shall nevertheless, for the purpose of this
paragraph, be deemed due and payable in itsentirety on the day the firstinstallment becomes due
or payable or a lien.
Sale 10. IfBorrower defaults under this Mortgage and the Property isto be sold at a foreclosure sale,
the Property may be sold in one parcel.
Receiver 11. IfLeader sues to foreclose the Mortgage, the Leader shall have the right to have a receiver
appointed to take control of the Property.
Assumption 12. This Mortgage may not be assumed without Leader's written consent.
Notices 13. Notices, demands or requests may be inwriting and may be delivered in person or sent by mail.
No oral changes 14. This Mortgage may not be changed or ended orally.
"Borrower"
Who is 15. Ifthere is more than one Borrower cach shallbe separately liable. The words and
bound "Lender", shallinclude theirheirs,executors, administrators, successors and assigns.
"Borrower" "Lender"
If there is more than one Borrower or Lender the words and used in this
Mortgage include them.
Arbitration 16. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by
Rider to Note made
reference and a part of thisMortgage.
(THIS SPACE INTENTIONALLY LEFT BLANK)
11-11-05 NY001103
MTG
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
Dt>cumente 00002902
Volume: 736 Paset 329
Signatures The Borrower has signed thisMortgage as of thedate on the first page.
ORROWER
YL SHERMAN AKA AMY L. DEN
STATE OF NEW YORK, COUNTY OF (L C2 SS:
On the C day of in the year of 20 tfore me, the
un reigned, a otary blicin and for sat S te, nallyap ed
perso a y wn tome or proved to me on the as:so sati ctory evidence to t e inuiviusans
whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she/they
executed the name in his/her/their capacity(ies),and that by his/her/theirsignature(s) on the
instrument, the individual(s),or the person upon behalf f which e indivi scted,executed the
instrument.
Notary ub ic St e ofN Yort
No.01Sl5073848
Oualifiedin Yates County
Commission ExpiresMarch 3,
STATE OF NEW YORK, COUNTY OF SS:
On the day of , in the year of 20__, before me, the
undersigned, a Notary Public in and for said State,personally appeared
personally known tome or proved to me on the basis ofsatisfactoryevidence to be the indindüal(a)
whose name(s) is (are)subscribed to the within instrument and acknowledged to me that heh:hehhey
executed the same in his/her/their capacity(ics), and that by his/her/their signature(s) on the
instrument, theindividual(s),or the person upon behalf of which the individual(s) acted,executed the
instrument.
STATE OF, , COUNTY OF SS:
On the day of , in the year of 20 , before me, the
undersigned, a Notary Public in and forsald State,personally appeared
personally known tome or proved to me on theTasis of satisfactoryevidence to be the individual(s)
whose name(s) is (are)subscribed to the within instrument and acknowledged to me that hc/she/they
executed the same in his/her/their capacity(ies), and that by his/herltheir signature(s) on the
instrument, theindividual(s), orthe person upon behalf of which the individual(s) acted,executed the
instrument and that such individual made such appearance before the undersigned in the State of
New York.
STATEOF, , COUNTY OF SS:
On the day of , in the year of 20 , before me, the
undersigned, a Notary Public in and for said state,personally appeared
Ï>ersonallyknown to me or proved to me on the basis ofsatzsfactory evldence to be the Individual(s)
whose name(s) is (are)subscribed tothe within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/herftheir signature(s) on the
instrument, theindividual(s), or theperson upon behalf of which the individual(s) acted,executed the
instrument.
NY001104
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021
.
Preview
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Exhibit C FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Yates County -- Julie D. Betts Yates County Clerk Iggliggggggglg 60 2000D0002902 Instrument Number: 2008- 00002902 As Recorded On: August 14, 2008 Mortgage Parties: SHERMAN AMY L To HOUSEHOLD FINANCE REALTY CORP NY Billable Pages: 5 Recorded By: INTEGRATED REAL ESTATE PROCESSING Num Of Pages: 6 Comment: ** ** Examined and Charged as Follows: Mortgage 40.00 Coversheet 5.00 Recording Charge: 45.00 Consideration Arnount Amount RS#/CS# Mortgage Tax 934.00 93,447.76 CZ 423 Basic 467.00 JERUSALEM Local 233.50 SpecialAdditional 233.50 Additional 0.00 Transfer 0.00 Tax Charge: 934.00 ** OF ** THIS PAGE IS PART THE INSTRUMENT I hereby certifythat the within and foregoing was recorded inthe Clerk's Office For: Yates County, NY File Information: Record and Return To: Document Number: 2008- 00002902 INTEGRATED REAL ESTATE PROCESSING Receipt Number: 77467 290 BILMAR DRIVE Recorded Date/Time: August 14, 2008 02:19:06P PITTSBURGH PA 15205-9903 Book-Vol/Pg: Bk-MT Vl-736 Pg-325 Cashier / Station: K kay / Indexing Station 2 Julie D. Betts Yates county Clark FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Document * - 00002902 Volume t 736 Pase: 326 MORTGAGE If box ischecked, this isan owner occupied residentialcredit linemortgage that secured advances and readvances. ,, THIS MORTGAGE is made this 25TH of FEBRUARY 20 08 , between the Mortgagor; / day ANIY [,, SHERMAN AKA AMY L WOODEN 3437 A. BR/NCHP NY 14418 (herem crower ),and gagee HOUSEHOLO FINANCE REALTY COPRPORATION OF NEW YORK . 8 corporation organized and existing under the law of DELAWARE whose address is 1 O NE CRT DRIVE. SUITE A-10, VICTOR NY 14565 The following paragraph preceded by a checked box is applicable. x WHEREAS, Borrower is indebted to Lender in the principal sum of 3 93, 447.76 , eve cod by Borrower's Loan Agreement dated FEBRUARY 2008 and any extentions or renewal thereof 25, (including those pursuant toany Renegotiable Rate Agreement) (he-rein"Note"), providing for monthly installments of principal and interest,liwiüding any adjustments to the amount of payments or the contract rate ifthat rateis variabic, with the balance of theindebtedness, if notsooner paid,due and payable on FEBRUARY 2023 25, WHEREAS, Borrower is indebted toLeader in theprincipal sum of$ , orso much thereof as be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments,an-d interestat the rateaiid under the terms specified in the Note, including any adjustments inthe interestrate ifthat rateisvariable, and providing for a credit limit stated in theprincipal sum above with an initial advance $ , which is included in the principaleum. TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, includiñg any increases ifthe contract rateis variable;(2)future advances under any Revolving Loan Agreement; (3) the payment of allother sums, withinterest thereon,advanced in accordance herewith to protect thesecurity ofthis Mortgage including Londer's reasonable attorney'sfees and other expenses incurred in connection with foreclosure as permitted by applicable law; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Londer and Londer's successors and assigns the following described property (herein "Property") located in the County of YATES Stateof New Yoric ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWN OF JERUSALEM IN THE COUNTY OF YATES AND STATE OF NEW YORK, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/29/2005 AND RECORDED 10/31/2005, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED LIBER 531 AND PAGE 219. TAX MAP NUMBER: 83.67-1-30 CHECK IP APPLICABLE The property isimproved by a one or two farrilyreside ce and no other improvement exceeds the cost value of theresidence. FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Document 00002902 Voluael 736 Pases 327 Borrower promises and agrees as follows: Payment 1. Borrower willpay as promised in the Note according to itsterms. Insurance 2. That the Borrower will keep the buildings on the premises insured againstloss by fire for tte benefit of the Lender; that he/she will assignand deliver the policiesto the Leader; and that helsne will reimburse the Lender for any premiums paid for insurance made by the Lender on the Borrower's default in so insuringthe buildings or in so assigning and delivering the policies, Funds For 3, (a) Borrower's Obligations. I will pay to Lender allamounts necessary to pay for taxes, Escrow Items •waaments, water charges, sewer rents and other similar charges,ground leasehold payments or rents (ifany), hazard or property insurance covering theProperty, flood insurance (ifany), Each Periodic Payment willinclude an amount to be appliedtoward payment of thefollowing items which are called Items:" "Escrow (1) The taxes,assessments, water charges,sewer rentsand other similar charges,on the Property which under Applicable Law may be superior to thisSecurity Instrument as a Lien on the Property, Any claim, demand or charge that is made against property because an obligation has not been "Lien;" fulfilledisknown as a (2) The leasehold payments or ground rentson the Property (ifany); (3) The premium forany and allinsurance required by Lender under Section 2 ofthis Security Instrument; and (4) If required by Leader, the amount for any Community Association Dues, Fees, and Assessments. After signing the Note, or at any time during itsterm, Lender may include these amounts as Escrow Items. The monthly payment I willmake for Escrow Items willbe based on Lender's estimate of theannual amount required. I willpay allof these emounts to Lender unlessLender tellsme, in writing, that I donot have to do so, or unless applicable law requires otherwise. I willmake these payments on the same day that my periodic payments of principaland interestare due under the Note, The amounts that Ipay to Leader for Escrow Items under thisSection 3 willbe called "Escrow Funds." Iwill pay Lender theEscrow Punds for Escrow Items unless Lender waives my obligation to pay the Escrow Funds for any or allEscrow Items, Lender may waive my obligationto pay to Leader Escrow Funds for any or allEscrow Items atany time. Any such waiver must be in writing. In the event of such waiver, Iwill pay directly,when and where payable,the amounts due for any Escrow Items forwhich payment ofEscrow Funds has been waived by Lender and, if Lender requires, Iwill promptly send to Lender receiptsshowing such payment within such time period as Leader may require, My obligation to make such payments and to provide receipts will be considered to be a agrees" promise and agreement contained inthis Mortgage, as thephrase "promises and isused inthis Mortgage. IfI am obligated to pay Escrow Items directly,pursuant to a waiver, and I failto pay the amount due for and Escrow Item, Lender may pay thatamount and Iwill then be obligated under tiection9 of this Security Instrument to repay to Lender, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 13 of this Security Instrument and, upon the revocation,I will pay to Lender allEscrow Funds, and in amounts, that are then required under this Section 3. I promise topromptly send to Lender any notices thatI receive of Escrow Item amounts to be paid.Lender willestimate from time to time the amount of Escrow Funds Iwill have to pay by using existing assessments and billsand reasonable estimates of the amount of Escrow Items in thefuture, unless applicablelaw requires Lender touse another method fordetermining the amount I am to pay, Lender may, at any time, collectand hold Escrow Funds in an amount sufficient to permit Lender to apply the Escrow Funds atthe time specified under RESPA. Applicable law puts limitson the total amount of Escrow Funds Lender can atany time collectand hold, This totalamount cannot be more than the maximum amount a lender could require under RESPA. If there is another applicable law that imposes a lowerlimit on the totalamount ofEscrow Funds Lender can collectand hold, Lender willbe limited to thelower amount. (b) Lender's Obligations, Lender will keep the Escrow Funds in a savings or banking institution which has itsdeposits insured by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender issuch a savings or banking Lender institution, may hold the Escrow Funds, Leader will use the Escrow Funds to pay the Escrow Items no laterthan the time allowed under RESPA or other applicable law. Lender willgive to me, without charge, an annual accounting of theEscrow Funds, That accounting willshow all additionsto and deductions from the Escrow Funds and the reason foreach deduction. Lender may not charge me forholding or keeping the Escrow Funds, forusing the Escrow Funds to pay Escrow Items, formaking a yearlyanalysisof my payment of Escrow Funds or forreceiving, or for verifyingand totaling assessments and bills. However, Lender may charge me for theseservices ifLeader pays me intereston theEscrow Funds and ifapplicablelaw permits Lender to make such a charge, Lender will not be required to pay me any interest or earning on the Escrow Funds unless either (1) Lender and I agree in writing that Lender willpay intereston the Escrow Punds, or (2) applicable law requiresLender to pay intereston theEscrow Funds. FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Documento 00002902 Voluse: 736 Pase: 328 (c) Ad justments to the Escrow Funds. Under applicable law, there isa limit on the amount of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this limit, then therewill be an excess amount and RESPA requiresLender to account tome in a apecial manner for the excessamount of Escrow Funds. If,atany time, Londer has not received enough Escrow Funds to make the payments of Escrow Items when the payments are due, Lender may tellme in writing that an additional amount is necessary. I willpay to Lender whatever additional amount isnecessary to pay the Escrow Items when the payments aredue, but the number of payments will not be more than 12. When Ihave paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds thatare then being held by Lender. Maintenance 4. Borrower will keep the Property in reasonably good repair. No sale or 5. Borrower may not, without Leader's consent alter,demolish or remove the buildings and alteration improvements on the Property. Taxes, etc. 6. Borrower will pay alltaxes, assessments, sewer rentsor water rates. Title 7. Borrower warrants the title to the Property. Property is unencumbered except for prior erfumbrances of record. Borrower is responsible for any of Londer's costs or lossesif an interest in the Property is claimed by others. secured' Lien Law 8. Borrower will receive the advances y th s )(qrtgage and will hold the right to Section 13 receivethe advances as a trustfudd. he advances willbp applied firstfor the purpose of paying the cost of improvement. Borrower will apply the advancessfirst to the payment to the cost of improvement before using any.part of thetotal of the advances fofany other purpose. Default 9. That the whole of said principal sum and interest shall become due at the option of the Lender; afterdefault in the payment of any ineta!!=ent of principalor ofinterest for fifteendays; or after default in thepayment of any tax, water rate,sewer rent or assessment for thirty days after notice and demand; or after default afternotice and demand eitherin assigning and delivering the policies insuring the buildings againstloss by fireor in reimburning theLender for premiums paid on such insurance, as hereinbefore provided; or after default upon request infurnishing a statement of the amount due on the mortgage and whether any offsetsor defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in installments at the application of the Borrower or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in itsentirety on the day the firstinstallment becomes due or payable or a lien. Sale 10. IfBorrower defaults under this Mortgage and the Property isto be sold at a foreclosure sale, the Property may be sold in one parcel. Receiver 11. IfLeader sues to foreclose the Mortgage, the Leader shall have the right to have a receiver appointed to take control of the Property. Assumption 12. This Mortgage may not be assumed without Leader's written consent. Notices 13. Notices, demands or requests may be inwriting and may be delivered in person or sent by mail. No oral changes 14. This Mortgage may not be changed or ended orally. "Borrower" Who is 15. Ifthere is more than one Borrower cach shallbe separately liable. The words and bound "Lender", shallinclude theirheirs,executors, administrators, successors and assigns. "Borrower" "Lender" If there is more than one Borrower or Lender the words and used in this Mortgage include them. Arbitration 16. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by Rider to Note made reference and a part of thisMortgage. (THIS SPACE INTENTIONALLY LEFT BLANK) 11-11-05 NY001103 MTG FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 Dt>cumente 00002902 Volume: 736 Paset 329 Signatures The Borrower has signed thisMortgage as of thedate on the first page. ORROWER YL SHERMAN AKA AMY L. DEN STATE OF NEW YORK, COUNTY OF (L C2 SS: On the C day of in the year of 20 tfore me, the un reigned, a otary blicin and for sat S te, nallyap ed perso a y wn tome or proved to me on the as:so sati ctory evidence to t e inuiviusans whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the name in his/her/their capacity(ies),and that by his/her/theirsignature(s) on the instrument, the individual(s),or the person upon behalf f which e indivi scted,executed the instrument. Notary ub ic St e ofN Yort No.01Sl5073848 Oualifiedin Yates County Commission ExpiresMarch 3, STATE OF NEW YORK, COUNTY OF SS: On the day of , in the year of 20__, before me, the undersigned, a Notary Public in and for said State,personally appeared personally known tome or proved to me on the basis ofsatisfactoryevidence to be the indindüal(a) whose name(s) is (are)subscribed to the within instrument and acknowledged to me that heh:hehhey executed the same in his/her/their capacity(ics), and that by his/her/their signature(s) on the instrument, theindividual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. STATE OF, , COUNTY OF SS: On the day of , in the year of 20 , before me, the undersigned, a Notary Public in and forsald State,personally appeared personally known tome or proved to me on theTasis of satisfactoryevidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to me that hc/she/they executed the same in his/her/their capacity(ies), and that by his/herltheir signature(s) on the instrument, theindividual(s), orthe person upon behalf of which the individual(s) acted,executed the instrument and that such individual made such appearance before the undersigned in the State of New York. STATEOF, , COUNTY OF SS: On the day of , in the year of 20 , before me, the undersigned, a Notary Public in and for said state,personally appeared Ï>ersonallyknown to me or proved to me on the basis ofsatzsfactory evldence to be the Individual(s) whose name(s) is (are)subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/herftheir signature(s) on the instrument, theindividual(s), or theperson upon behalf of which the individual(s) acted,executed the instrument. NY001104 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 09/08/2021 .