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FILED:
FILED : YATES
YATES COUNTY
COUNTY CLERK
CLERK 03/31/2022
06/08/2021 04:23
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
____________________________________________________________________Ç
U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021
THE CIM TRUST 2017-7, MORTGAGE-BACKED
NOTES, SERIES 2017-7, SUMMONS AND NOTICE
Plaintiff Mortgaged Premises:
-against- 55 West Lake Road Bpt Branchport,
New York 14418 aka
AMY L. SHERMAN AKA AMY L.
WOODEN; 55 West Lake Road Branchport, New
CHRISTOPHER S. WOODEN AKA CHRISTOPHE York 14418
WOODEN; STERLING JEWELERS INC. DBA KAY
DOE" DOE"
OUTLET; "JOHN and "JANE said names Section: 83.57
being fictitious, it being the intention of Plaintiff to Block: 1
designate any and all occupants of premises being Lot: 30
foreclosed herein,
Defendants
____________________________________________________________________Ç
Mortgaged Premises: 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road,
Branchport, New York 14418
To The Above Named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to
serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this
Summons, exclusive of the day of service, or within thirty (30) days after service of the same is
complete where service is made in any manner other than by personal delivery within the State. The
United States of America, if designated as a Defendant in this action, may answer or appear within
sixty (60) days of service. If you fail to appear or to answer within the aforementioned time frame,
judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECTIVE of the above captioned action is to foreclose on a Mortgage to secure
$93,447.76 and interest, recorded in the Yates County Clerk's Office on August 14, 2008 in Book 736,
Page 325, Instrument Number 2008-00002902, covering the premises known as 55 West Lake Road
Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418.
The relief sought herein is a final judgment directing sale of the premises described above to
satisfy the debt secured by the mortgage described above.
Plaintiff designates Yates County as the place of trial. Venue is based upon the County in which
the mortgaged premises is located.
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INDEX NO.
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li]sed .s
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the
attorney for the mortgage company who filed this foreclosure proceeding against you and filing
the answer with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on
how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR
THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE
COURT.
Dated: June 8, 2021
New York, New York
Ralph L. Vartolo, sq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
____________________________________________________________________Ç
U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021
THE CIM TRUST 2017-7, MORTGAGE-BACKED
NOTES, SERIES 2017-7, VERIFIED COMPLAINT
Plaintiff Mortgaged Premises:
-against- 55 West Lake Road Bpt Branchport,
New York 14418 aka
AMY L. SHERMAN AKA AMY L.
WOODEN; 55 West Lake Road Branchport, New
CHRISTOPHER S. WOODEN AKA CHRISTOPHE York 14418
WOODEN; STERLING JEWELERS INC. DBA KAY
DOE" DOE"
OUTLET; "JOHN and "JANE said names Section: 83.57
being fictitious, it being the intention of Plaintiff to Block: 1
designate any and all occupants of premises being Lot: 30
foreclosed herein,
Defendants
____________________________________________________________________Ç
The Plaintiff herein, by its attorneys FRIEDMAN VARTOLO LLP complains of the
defendants above named herein and, upon information and belief, alleges as follows:
1. Plaintiff, U.S. Bank National Association, as Indenture Trustee, for the Holders of the
CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (hereinafter "Plaintiff"), at all times
hereinafter mentioned was and still is a duly organized association with offices at c/o Select Portfolio
Servicing, Inc., 3217 South Decker Lake Drive, Salt Lake City, Utah 84119.
2. The object of the instant action is to foreclose a Mortgage securing the premises known
as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New
York 14418 (hereinafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in
"A"
Schedule annexed hereto.
3. On February 25, 2008, Amy L. Wooden and Christopher S. Wooden (hereinafter
"Borrowers") being indebted to Household Finance Realty Corporation of New York, in the sum of
$93,447.76, executed a Note to secure that sum with a fixed interest rate of 10.070% per annum,
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payable in successive monthly installments of $1,008.20 on the twenty-fifth day of each month
commencing March 25, 2008 and the final payment to be made February 25, 2023 (hereinafter
"Note"). A true and correct copy of the Note is attached hereto as Exhibit A.
4. To secure payment of the obligation described in paragraph three (3), Amy L. Sherman
aka Amy L. Wooden (hereinafter "Mortgagor") executed to Household Finance Realty Corporation of
New York a mortgage of even date with said Note, and thereby mortgaged the Mortgaged Premises as
collateral security for the Note. Said mortgage was recorded in the County Clerk's Office of Yates on
August 14, 2008 in Book 736, on Page 325, Instrument Number 2008-00002902 (hereinafter
"Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit B.
5. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE:
Assignor: Household Finance Realty Corporation of New York
Assignee: LSF9 Master Participation Trust
Dated: June 22, 2016
Recorded: June 27, 2016
Liber Book: 368 Page: 26 Instrument No.: 2016-00001662
A copy of the aforementioned assignment of Mortgage is attached hereto as Exhibit C.
6. On or about April 2, 2016, Borrowers and Caliber Home Loans, Inc obo LSF9 Master
Participation Trust amended and supplemented the Mortgage by execution of a loan modification
agreement, which capitalized all arrears to form a total unpaid principal balance of $75,707.07
(hereinafter "Loan Modification Agreement"). The Loan Modification Agreement amended the interest
rate of the Mortgage such that interest would accrue at 8.000% per annum on the interest-
$66,290.14,
bearing principal, from May 1, 2016 until the reduction period end date, May 1, 2021, at which time
interest would revert back to the rate as set forth in the Note. Furthermore, $9,416.93, the deferred
principal balance, would become due and owing on the maturity date, February 25, 2023. A copy of the
Loan Modification Agreement is attached hereto as Exhibit D.
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7. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE:
Assignor: LSF9 Master Participation Trust
Assignee: Citibank, N.A. as Trustee for CMLTI Asset Trust
Dated: June 15, 2017
Recorded: August 2, 2017
Liber Book: 381 Page: 36 Instrument No.: 2017-00001990
ASSIGNMENT OF MORTGAGE:
Assignor: Citibank, N.A., as Trustee for CMLTI Asset Trust
Assignee: Chimera Funding TRS LLC
Dated: October 25, 2017
Recorded: November 21, 2017
Liber Book: 384 Page: 45 Instrument No.: 2017-00003083
ASSIGNMENT OF MORTGAGE:
Assignor: Chimera Funding TRS LLC
Assignee: U.S. Bank National as Indenture for the holders of the CIM Trust 2017-
Association, Trustee,
7, Mortgage-Backed Notes Series 2017-7
Dated: January 22, 2021
Recorded: February 1, 2021
Instrument No.: 2021-3801
Copies of the aforementioned assignments of Mortgage are attached hereto as Exhibit E.
8. Plaintiff or its custodian/agent is in possession of the original Note with a proper
endorsement and/or allonge firmly affixed to the original Note and is therefore, the holder of both the
Note and Mortgage, which passes incident to the Note.
9. Plaintiff has complied with all of the applicable provisions of RPAPL §1304, if required,
and, if applicable, the Emergency Eviction and Foreclosure Prevention Act of 2020, The
Administrative Order 341/20, New York Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m.
10. Notices were sent to the Borrowers specifically pursuant to RPAPL §1304 on July 30,
2018 (hereinafter "90-Day Notices"). Said 90-Day Notices have not expired and were sent to the
Borrowers at least 90-days prior to the commencement of the instant action. The 90-Day Notices were
in 14-point type, contained the statutorily dictated language of RPAPL §1304 and the address and
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phone numbers of at least five US Department of Housing and Urban Development approved housing
counseling agencies in the region where the Borrowers reside and was mailed by registered or certified
mail and first-class mail to the Mortgaged Premises and last known address of the Borrowers, if
different. True and correct copies of the 90-Day Notices are attached hereto as Exhibit F.
11. That the Plaintiff has complied fully with the RPAPL §1306 filing requirement, if
required, by filing with the superintendent of banks within three (3) business days of date the 90-Day
Notices were mailed. True and correct copies of the proofs of filing are attached hereto as Exhibit G.
12. That the Mortgage provides that in the case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could
declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the
holder of the Mortgage is empowered to sell the Mortgaged Premises.
13. That the Mortgagor defaulted on the Mortgage on February 1, 2018 and since that date
has failed to comply with the conditions of the Mortgage by failing to pay portions of principal, interest
or taxes, assessments, water rates, insurance premiums, escrow and/or other charges.
14. That pursuant to paragraph 9 of the Mortgage, in the case of default in the payment of
any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the
Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable,
and that the holder of the Mortgage is empowered to sell the Mortgaged Premises according to law. As
Mortgagor has failed to pay monthly installments prior to or on the due date, Plaintiff elects herein to
accelerate the Mortgage and call due the entire amount secured by said Mortgage.
15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay
during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other
charges assessed to the Mortgaged Premises.
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16. That, pursuant to the Mortgage, the Mortgagor promised to pay, in addition to principal
and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff hereby
requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the sum
otherwise due and be deemed secured by the Mortgage and be adjudged to be a valid lien on the
Mortgaged Premises.
17. That there is now due and owing to the Plaintiff under said Note and Mortgage the
principal sum of $66,290.14, as well as, a deferred balance of $9,864.23, with interest thereon from
January 1, 2018, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and
other named defendants and any other charges due and owing pursuant to the terms of the Note and
Mortgage.
18. Pursuant to paragraph Late Charge of the Note, in the event any installment shall
become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for
the purpose of defraying the expense in handling such delinquent payment.
19. Plaintiff has complied with all conditions precedent, required by the Mortgage, prior to
the commencement of this action.
20. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Borrowers
on September 11, 2020 via certified mail and first class mail to the last known address of the
Borrowers, which was the Mortgaged Premises (hereinafter "Notice of Default"). True and correct
copies of the Notice of Default is attached hereto as Exhibit H.
21. That defendant, Amy L. Sherman aka Amy L. Wooden, is a named party Defendant to
this action because she is the mortgagor, prior record owner, and original obligor under the Note
secured by
Preview
FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ____________________________________________________________________Ç U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021 THE CIM TRUST 2017-7, MORTGAGE-BACKED NOTES, SERIES 2017-7, SUMMONS AND NOTICE Plaintiff Mortgaged Premises: -against- 55 West Lake Road Bpt Branchport, New York 14418 aka AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road Branchport, New CHRISTOPHER S. WOODEN AKA CHRISTOPHE York 14418 WOODEN; STERLING JEWELERS INC. DBA KAY DOE" DOE" OUTLET; "JOHN and "JANE said names Section: 83.57 being fictitious, it being the intention of Plaintiff to Block: 1 designate any and all occupants of premises being Lot: 30 foreclosed herein, Defendants ____________________________________________________________________Ç Mortgaged Premises: 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418 To The Above Named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service. If you fail to appear or to answer within the aforementioned time frame, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECTIVE of the above captioned action is to foreclose on a Mortgage to secure $93,447.76 and interest, recorded in the Yates County Clerk's Office on August 14, 2008 in Book 736, Page 325, Instrument Number 2008-00002902, covering the premises known as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418. The relief sought herein is a final judgment directing sale of the premises described above to satisfy the debt secured by the mortgage described above. Plaintiff designates Yates County as the place of trial. Venue is based upon the County in which the mortgaged premises is located. FirmFileNo.203165-1 1 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 li]sed .s NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: June 8, 2021 New York, New York Ralph L. Vartolo, sq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 FirmFileNo.203165-1 2 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ____________________________________________________________________Ç U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021 THE CIM TRUST 2017-7, MORTGAGE-BACKED NOTES, SERIES 2017-7, VERIFIED COMPLAINT Plaintiff Mortgaged Premises: -against- 55 West Lake Road Bpt Branchport, New York 14418 aka AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road Branchport, New CHRISTOPHER S. WOODEN AKA CHRISTOPHE York 14418 WOODEN; STERLING JEWELERS INC. DBA KAY DOE" DOE" OUTLET; "JOHN and "JANE said names Section: 83.57 being fictitious, it being the intention of Plaintiff to Block: 1 designate any and all occupants of premises being Lot: 30 foreclosed herein, Defendants ____________________________________________________________________Ç The Plaintiff herein, by its attorneys FRIEDMAN VARTOLO LLP complains of the defendants above named herein and, upon information and belief, alleges as follows: 1. Plaintiff, U.S. Bank National Association, as Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (hereinafter "Plaintiff"), at all times hereinafter mentioned was and still is a duly organized association with offices at c/o Select Portfolio Servicing, Inc., 3217 South Decker Lake Drive, Salt Lake City, Utah 84119. 2. The object of the instant action is to foreclose a Mortgage securing the premises known as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418 (hereinafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in "A" Schedule annexed hereto. 3. On February 25, 2008, Amy L. Wooden and Christopher S. Wooden (hereinafter "Borrowers") being indebted to Household Finance Realty Corporation of New York, in the sum of $93,447.76, executed a Note to secure that sum with a fixed interest rate of 10.070% per annum, FirmFileNo.203165-1 3 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 payable in successive monthly installments of $1,008.20 on the twenty-fifth day of each month commencing March 25, 2008 and the final payment to be made February 25, 2023 (hereinafter "Note"). A true and correct copy of the Note is attached hereto as Exhibit A. 4. To secure payment of the obligation described in paragraph three (3), Amy L. Sherman aka Amy L. Wooden (hereinafter "Mortgagor") executed to Household Finance Realty Corporation of New York a mortgage of even date with said Note, and thereby mortgaged the Mortgaged Premises as collateral security for the Note. Said mortgage was recorded in the County Clerk's Office of Yates on August 14, 2008 in Book 736, on Page 325, Instrument Number 2008-00002902 (hereinafter "Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit B. 5. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE: Assignor: Household Finance Realty Corporation of New York Assignee: LSF9 Master Participation Trust Dated: June 22, 2016 Recorded: June 27, 2016 Liber Book: 368 Page: 26 Instrument No.: 2016-00001662 A copy of the aforementioned assignment of Mortgage is attached hereto as Exhibit C. 6. On or about April 2, 2016, Borrowers and Caliber Home Loans, Inc obo LSF9 Master Participation Trust amended and supplemented the Mortgage by execution of a loan modification agreement, which capitalized all arrears to form a total unpaid principal balance of $75,707.07 (hereinafter "Loan Modification Agreement"). The Loan Modification Agreement amended the interest rate of the Mortgage such that interest would accrue at 8.000% per annum on the interest- $66,290.14, bearing principal, from May 1, 2016 until the reduction period end date, May 1, 2021, at which time interest would revert back to the rate as set forth in the Note. Furthermore, $9,416.93, the deferred principal balance, would become due and owing on the maturity date, February 25, 2023. A copy of the Loan Modification Agreement is attached hereto as Exhibit D. Firm File No. 203165-1 4 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 7. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE: Assignor: LSF9 Master Participation Trust Assignee: Citibank, N.A. as Trustee for CMLTI Asset Trust Dated: June 15, 2017 Recorded: August 2, 2017 Liber Book: 381 Page: 36 Instrument No.: 2017-00001990 ASSIGNMENT OF MORTGAGE: Assignor: Citibank, N.A., as Trustee for CMLTI Asset Trust Assignee: Chimera Funding TRS LLC Dated: October 25, 2017 Recorded: November 21, 2017 Liber Book: 384 Page: 45 Instrument No.: 2017-00003083 ASSIGNMENT OF MORTGAGE: Assignor: Chimera Funding TRS LLC Assignee: U.S. Bank National as Indenture for the holders of the CIM Trust 2017- Association, Trustee, 7, Mortgage-Backed Notes Series 2017-7 Dated: January 22, 2021 Recorded: February 1, 2021 Instrument No.: 2021-3801 Copies of the aforementioned assignments of Mortgage are attached hereto as Exhibit E. 8. Plaintiff or its custodian/agent is in possession of the original Note with a proper endorsement and/or allonge firmly affixed to the original Note and is therefore, the holder of both the Note and Mortgage, which passes incident to the Note. 9. Plaintiff has complied with all of the applicable provisions of RPAPL §1304, if required, and, if applicable, the Emergency Eviction and Foreclosure Prevention Act of 2020, The Administrative Order 341/20, New York Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m. 10. Notices were sent to the Borrowers specifically pursuant to RPAPL §1304 on July 30, 2018 (hereinafter "90-Day Notices"). Said 90-Day Notices have not expired and were sent to the Borrowers at least 90-days prior to the commencement of the instant action. The 90-Day Notices were in 14-point type, contained the statutorily dictated language of RPAPL §1304 and the address and FirmFileNo.203165-1 5 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 0 6/08/2021 phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the Borrowers reside and was mailed by registered or certified mail and first-class mail to the Mortgaged Premises and last known address of the Borrowers, if different. True and correct copies of the 90-Day Notices are attached hereto as Exhibit F. 11. That the Plaintiff has complied fully with the RPAPL §1306 filing requirement, if required, by filing with the superintendent of banks within three (3) business days of date the 90-Day Notices were mailed. True and correct copies of the proofs of filing are attached hereto as Exhibit G. 12. That the Mortgage provides that in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the holder of the Mortgage is empowered to sell the Mortgaged Premises. 13. That the Mortgagor defaulted on the Mortgage on February 1, 2018 and since that date has failed to comply with the conditions of the Mortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges. 14. That pursuant to paragraph 9 of the Mortgage, in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the holder of the Mortgage is empowered to sell the Mortgaged Premises according to law. As Mortgagor has failed to pay monthly installments prior to or on the due date, Plaintiff elects herein to accelerate the Mortgage and call due the entire amount secured by said Mortgage. 15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises. Firm File No. 203165-1 6 of 209 FILED: FILED : YATES YATES COUNTY COUNTY CLERK CLERK 03/31/2022 06/08/2021 04:23 02:3 6 PM INDEX INDEX NO. NO. 2021-5136 2021-5136 PM| NYSCEF NYSCEF DOC. D NO.. 61 1 RECEIVED RECEIVED NYSCEF: 03/31/2022 NYSCEF: 06/08/2021 16. That, pursuant to the Mortgage, the Mortgagor promised to pay, in addition to principal and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff hereby requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the sum otherwise due and be deemed secured by the Mortgage and be adjudged to be a valid lien on the Mortgaged Premises. 17. That there is now due and owing to the Plaintiff under said Note and Mortgage the principal sum of $66,290.14, as well as, a deferred balance of $9,864.23, with interest thereon from January 1, 2018, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and other named defendants and any other charges due and owing pursuant to the terms of the Note and Mortgage. 18. Pursuant to paragraph Late Charge of the Note, in the event any installment shall become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. 19. Plaintiff has complied with all conditions precedent, required by the Mortgage, prior to the commencement of this action. 20. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Borrowers on September 11, 2020 via certified mail and first class mail to the last known address of the Borrowers, which was the Mortgaged Premises (hereinafter "Notice of Default"). True and correct copies of the Notice of Default is attached hereto as Exhibit H. 21. That defendant, Amy L. Sherman aka Amy L. Wooden, is a named party Defendant to this action because she is the mortgagor, prior record owner, and original obligor under the Note secured by