Preview
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Exhibit A
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Yates County
--
Julie D. Betts
Yates County Clerk
Iggiligggggg
60 2000DO002902
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 V Basic 467.00
JERUSALEM Local 233.50 Special Additional 233.50
Additional 0.00 Transfer 0.00
Tax Charge: 934.00
** OF THE **
THIS PAGE IS PART INSTRUMENT
I hereby certify that the within and foregoing was recorded in the 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 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Document 4 00002902
Volume: 736 Paser 326
MORTGAGE
credit line mortgage that secured advances and
If box is checked, this is an owner occupied residential
reedvances,
FEBRUARY 20 08 , between the Mortgagor;
THIS MORTGAGE is made this 25TH day of
/ L. WOODEN
ANIY L SHERMAN AKA AMY
37 R A. BRANC P NY 14418
REALTY COPRPORATIONI OF NEW YORK , 8
crower ), an gagee HOUSEHOLD FINANCE
( erem
whose address is
corporation organized and existing under the law of DELAWARE
CRT DRIVE. SUITE A-10, VICTÒR NY 14565
1 O NE
The paragraph preceded by a checked box is applicable.
Iollowing
in the principal sum of $ 93, 447.76 ,
x WHEREAS, Borrower is indebted to Lender
and any extentions or renewal thereof
eve ced by Borrower's Loan Agreement dated FEBRUARY 25, 2008
(herein "Note"), for monthly installments of
those pursuant to any Renegotiable Rgte Agreement) providing
(including rate if that rate is variable,
to the amount of payments or the contract
principal and interest, including any adjustments
with the balance of the indebtedness, if not sooner paid, due and payable on FEBRUARY 25, 2023
Borrower is indebted to Leader in the principal sum of S , or so much thereof
WHEREAS, and
Borrower's Loan Agreement dated
as be advanced pursuant to Revolving
installments, and interiift at the rate and under
extensions and renewals thereof (herein "Note"), providing for monthly
and providing for a
the terms specified in the Note, including any adjustments in the interest rate If that rate is variable,
, which is included in the
credit limit stated in the principal sum above with an initial advance $
principal sum.
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon,
future advances under any Revolving Loan Agreement; (3) the
including any increases if the contract rate is variable; (2)
Mortgage
protect the of this
payment of all other sums, with interest thereon, advanced in accordance herewith to security
fees and other expenses incurred in connection with foreclosure as permitted by
including Leader's reasonable attorney's
covenants and agreementa of Borrower herein contained, Borrower does
applicable law; and (4) the performance of the
successors and assigns the following described property
hereby mortgage, grant and convey to Lender and Leader's
(herein "Property") York·
YATES State of New
located in the County of
PROPERTY SITUATED IN THE TOWN OF JERUSALEM IN
ALL THAT CERTAIN
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,
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE,
AMONG THE LAND
IN DEED LIBER 531 AND PAGE 219.
TAX MAP NUMBER: 83.57-1-30
CHECK IP APPLICABLE
ce and no other irnprovement exceeds the cost value of
The property is improved by a one or two fast ily reside
x theresidence.
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Document 00002902
Voluael 736 Paset 327
Borrower promises and agrees as follows:
Payment 1. Borrower will pay as promised in the Note according to its terms.
Insurance 2. That the Borrower will keep the buildings on the premises insured against loss by fire for t 1e
benefit of the Lender; that he/she will assign and deliver the policies to the Leader; and that hels ne
will reimburse the Lender for any premiums paid for insurance made by the Lender on the
Borrower's default in so insuring the buildings or in so assigning and delivering the policies,
Funds For 3, (a) Borrower's Obligations. pay to Lender
I will all amounts necessary to pay for taxes,
Escrow Items "waaments, water charges, sewer rents and other similar charges, ground leasehold payments or rents
(if any), hazard or property insurance covering the Property, flood insurance (if any), Each Periodic
Payment will include an amount to be applied toward payment of the following items which are called
Items:"
"Escrow
(1) The taxes, assessments, water charges, sewer rents and other similar charges, on the Property
which under Applicable Law may be superior to this Security Instrument as a Lien on the Property,
Any claim, demand or charge that is made against property because an obligation has not been
"Lien;"
fulfilled is known as a
(2) The leasehold payments or ground rents on the Property (if any);
(3) The premium for any and all insurance required by Lender under Section 2 of this 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 its term, Leader may include these amounts as
Escrow Items. The monthly payment I will make for Escrow Items will be based on Lender's estimate
of the annual amount required.
I will pay all of these emounts to Lender unless Lender tells me, in writing, that I do not have to
do so, or unless applicable law requires otherwise. I will make these payments on the same day that
my periodic payments of principal and interest are due under the Note,
The amounts that I pay to Leader for Escrow Items under this Section 3 will be called "Escrow
Funds."
I will pay Lender the Escrow Punds for Escrow Items unless Lender waives my obligation to
pay the Escrow Funds for any or all Escrow Items, Leader may waive my obligation to pay to Leader
Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the
event of such waiver, I will pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Escrow Funds has been waived by Lender and, if Lender requires, I will
promptly send to Leader receipts showing 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 in this Mortgage, as the phrase "promises and is used in this
Mortgage. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the
amount due for and Escrow Item, Lender may pay that amount and I will then be obligated under
tiection 9 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 all Escrow Funds, and in amounts, that are
then required under this Section 3.
I promise to promptly send to Leader any notices that I receive of Escrow Item amounts to be
paid. Lender will
estimate from time to time the amount of Escrow Funds I will have to pay by using
existing assessments and bills and reasonable estimates of the amount of Escrow Items in the future,
unless applicable law requires Lender to use another method for determining the amount I am to pay,
Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit
Leader to apply the Escrow Funds at the time specified under RESPA. Applicable law puts limits on
the total amount of Escrow Funds Lender can at any time collect and hold, This total amount cannot
be more than the maximum amount a lender could require under RESPA. If there is another
applicable law that imposes a lower limit on the total amount of Escrow Funds Lender can collect and
hold, Lender will be limited to the lower amount.
(b) Lender's Obligations, Lender will keep the Escrow Funds in a savings or banking
institution which has its deposits insured by a federal agency, instrumentality, or entity, or in any
Federal Home Loan Bank. If Lender is such a savings or banking institution, Lender may hold the
Escrow Funds, Leader will use the Escrow Funds to pay the Escrow Items no later than the time
allowed under RESPA or other applicable law. Lender will give to me, without charge, an annual
accounting of the Escrow Funds, That accounting will show all additions to and deductions from the
Escrow Funds and the reason for each deduction.
Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds
to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving,
or for verifying and totaling assessments and bills. However, Lender may charge me for these services
if Leader pays me interest on the Escrow Funds and if applicable law permits Leader 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 will pay interest on the Escrow Punds, or (2)
applicable law requires Lender to pay interest on the Escrow Funds.
T NY001102
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Documento 00002902
Voluse: 736 Pase: 328
(c) Ad justments to the Escrow Funds. Under applicable law, there is a limit on the amount
of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this
limit, then there will be an excess amount and RESPA requires Leader to account to me in a apecial
manner for the excess amount of Escrow Funds.
If, at any time, Lender has not received enough Escrow Funds to make the payments of Escrow
Items when the payments are due, Lender may tell me in writing that an additional amount is
necessary. I will pay to Lender whatever additional amount is necessary to pay the Escrow Items
when the payments are due, but the number of payments will not be more than 12.
When I have paid all of the Sums Secured, Lender will promptly refund to me any Escrow
Funds that are 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 all taxes, assessments, sewer rents
or water rates.
Title 7. Borrower warrants the title to the Property. Property is unencumbered except for prior
encumbrances of record. Borrower is responsible for any of Londer's costs or losses if an interest
in the Property is claimed by others.
se½red'
Lien Law 8. Borrower will receive the advances y tirg )(grtgage and will hold the right to
Section 13 receive the advances as a trust fudd. The advances will bpapplied first for 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 the total 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; after default in the payment of any installment of principal or of interest for fifteen days;
or after default in the payment of any tax, water rate, sewer rent or assessment for thirty days after
notice and demand; or after default after notice and demand either in assigning and delivering the
policies insuring the buildings against loss by fire or in reimbursing the Leader for premiums paid
on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement
of the amount due on the mortgage and whether any offsets or 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 its entirety on the day the first installment becomes due
or payable or a lien.
Sale 10. If Borrower defaults under this Mortgage and the Property is to be sold at a foreclosure sale,
the Property may be sold in one parcel.
Receiver 11. If Leader 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 in writing 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. If there is more than one Borrower cach shall be separately liable. The words and
bound "Lender", shall include their heirs, 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 reference and made a part of this Mortgage.
(THIS SPACE INTENTIONALLY LEFT BLANK)
11-11-05 NY001103
MTG
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
Documente 00002902
Volume: 736 Paset 329
Signatures The Borrower has signed this Mortgage as of the date on the first page.
ORROWER
Y L. SHERMAN AKA AMY L. DEN
STATE OF NEW YORK, COUNTY OF 97 SS:
On the C day of in the year of 20 tfore me, the
un reigned, a otary blic in and for sa S te, nally ap ed
perso a y wn to me or proved
to me on the as:s o sati ctory evidence to t e in avi ua s
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/their signature(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 of N Yort
No.01Sl5073848
Oualifiedin Yates County
Commission Expires March 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
personallylnown to me or proved to me on the-basis of satisfactory evidence to be theindividual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shefthey
executed the same in his/her/their capacity(ics), and that by his/her/their signature(s) on the
instrument, the individual(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 for sald State, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence 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, the individual(s), or the 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
personally known to me or proved to me on the basis of satzsfactory evidence to be the Individual(s)
whose name(s) is (are) subscribed to the 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, the individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
NY001104
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022
o
TO:
,20- CLERK
20
RETURN
examined
Mortgages
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Mortgage
ON
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STATE of
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County Liber PLEASE
Dated, Page
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in at 577
Preview
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Exhibit A FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Yates County -- Julie D. Betts Yates County Clerk Iggiligggggg 60 2000DO002902 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 V Basic 467.00 JERUSALEM Local 233.50 Special Additional 233.50 Additional 0.00 Transfer 0.00 Tax Charge: 934.00 ** OF THE ** THIS PAGE IS PART INSTRUMENT I hereby certify that the within and foregoing was recorded in the 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 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Document 4 00002902 Volume: 736 Paser 326 MORTGAGE credit line mortgage that secured advances and If box is checked, this is an owner occupied residential reedvances, FEBRUARY 20 08 , between the Mortgagor; THIS MORTGAGE is made this 25TH day of / L. WOODEN ANIY L SHERMAN AKA AMY 37 R A. BRANC P NY 14418 REALTY COPRPORATIONI OF NEW YORK , 8 crower ), an gagee HOUSEHOLD FINANCE ( erem whose address is corporation organized and existing under the law of DELAWARE CRT DRIVE. SUITE A-10, VICTÒR NY 14565 1 O NE The paragraph preceded by a checked box is applicable. Iollowing in the principal sum of $ 93, 447.76 , x WHEREAS, Borrower is indebted to Lender and any extentions or renewal thereof eve ced by Borrower's Loan Agreement dated FEBRUARY 25, 2008 (herein "Note"), for monthly installments of those pursuant to any Renegotiable Rgte Agreement) providing (including rate if that rate is variable, to the amount of payments or the contract principal and interest, including any adjustments with the balance of the indebtedness, if not sooner paid, due and payable on FEBRUARY 25, 2023 Borrower is indebted to Leader in the principal sum of S , or so much thereof WHEREAS, and Borrower's Loan Agreement dated as be advanced pursuant to Revolving installments, and interiift at the rate and under extensions and renewals thereof (herein "Note"), providing for monthly and providing for a the terms specified in the Note, including any adjustments in the interest rate If that rate is variable, , which is included in the credit limit stated in the principal sum above with an initial advance $ principal sum. TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, future advances under any Revolving Loan Agreement; (3) the including any increases if the contract rate is variable; (2) Mortgage protect the of this payment of all other sums, with interest thereon, advanced in accordance herewith to security fees and other expenses incurred in connection with foreclosure as permitted by including Leader's reasonable attorney's covenants and agreementa of Borrower herein contained, Borrower does applicable law; and (4) the performance of the successors and assigns the following described property hereby mortgage, grant and convey to Lender and Leader's (herein "Property") York· YATES State of New located in the County of PROPERTY SITUATED IN THE TOWN OF JERUSALEM IN ALL THAT CERTAIN 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, RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AMONG THE LAND IN DEED LIBER 531 AND PAGE 219. TAX MAP NUMBER: 83.57-1-30 CHECK IP APPLICABLE ce and no other irnprovement exceeds the cost value of The property is improved by a one or two fast ily reside x theresidence. FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Document 00002902 Voluael 736 Paset 327 Borrower promises and agrees as follows: Payment 1. Borrower will pay as promised in the Note according to its terms. Insurance 2. That the Borrower will keep the buildings on the premises insured against loss by fire for t 1e benefit of the Lender; that he/she will assign and deliver the policies to the Leader; and that hels ne will reimburse the Lender for any premiums paid for insurance made by the Lender on the Borrower's default in so insuring the buildings or in so assigning and delivering the policies, Funds For 3, (a) Borrower's Obligations. pay to Lender I will all amounts necessary to pay for taxes, Escrow Items "waaments, water charges, sewer rents and other similar charges, ground leasehold payments or rents (if any), hazard or property insurance covering the Property, flood insurance (if any), Each Periodic Payment will include an amount to be applied toward payment of the following items which are called Items:" "Escrow (1) The taxes, assessments, water charges, sewer rents and other similar charges, on the Property which under Applicable Law may be superior to this Security Instrument as a Lien on the Property, Any claim, demand or charge that is made against property because an obligation has not been "Lien;" fulfilled is known as a (2) The leasehold payments or ground rents on the Property (if any); (3) The premium for any and all insurance required by Lender under Section 2 of this 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 its term, Leader may include these amounts as Escrow Items. The monthly payment I will make for Escrow Items will be based on Lender's estimate of the annual amount required. I will pay all of these emounts to Lender unless Lender tells me, in writing, that I do not have to do so, or unless applicable law requires otherwise. I will make these payments on the same day that my periodic payments of principal and interest are due under the Note, The amounts that I pay to Leader for Escrow Items under this Section 3 will be called "Escrow Funds." I will pay Lender the Escrow Punds for Escrow Items unless Lender waives my obligation to pay the Escrow Funds for any or all Escrow Items, Leader may waive my obligation to pay to Leader Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, I will pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Escrow Funds has been waived by Lender and, if Lender requires, I will promptly send to Leader receipts showing 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 in this Mortgage, as the phrase "promises and is used in this Mortgage. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for and Escrow Item, Lender may pay that amount and I will then be obligated under tiection 9 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 all Escrow Funds, and in amounts, that are then required under this Section 3. I promise to promptly send to Leader any notices that I receive of Escrow Item amounts to be paid. Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing assessments and bills and reasonable estimates of the amount of Escrow Items in the future, unless applicable law requires Lender to use another method for determining the amount I am to pay, Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Leader to apply the Escrow Funds at the time specified under RESPA. Applicable law puts limits on the total amount of Escrow Funds Lender can at any time collect and hold, This total amount cannot be more than the maximum amount a lender could require under RESPA. If there is another applicable law that imposes a lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be limited to the lower amount. (b) Lender's Obligations, Lender will keep the Escrow Funds in a savings or banking institution which has its deposits insured by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a savings or banking institution, Lender may hold the Escrow Funds, Leader will use the Escrow Funds to pay the Escrow Items no later than the time allowed under RESPA or other applicable law. Lender will give to me, without charge, an annual accounting of the Escrow Funds, That accounting will show all additions to and deductions from the Escrow Funds and the reason for each deduction. Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for verifying and totaling assessments and bills. However, Lender may charge me for these services if Leader pays me interest on the Escrow Funds and if applicable law permits Leader 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 will pay interest on the Escrow Punds, or (2) applicable law requires Lender to pay interest on the Escrow Funds. T NY001102 FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Documento 00002902 Voluse: 736 Pase: 328 (c) Ad justments to the Escrow Funds. Under applicable law, there is a limit on the amount of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this limit, then there will be an excess amount and RESPA requires Leader to account to me in a apecial manner for the excess amount of Escrow Funds. If, at any time, Lender has not received enough Escrow Funds to make the payments of Escrow Items when the payments are due, Lender may tell me in writing that an additional amount is necessary. I will pay to Lender whatever additional amount is necessary to pay the Escrow Items when the payments are due, but the number of payments will not be more than 12. When I have paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that are 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 all taxes, assessments, sewer rents or water rates. Title 7. Borrower warrants the title to the Property. Property is unencumbered except for prior encumbrances of record. Borrower is responsible for any of Londer's costs or losses if an interest in the Property is claimed by others. se½red' Lien Law 8. Borrower will receive the advances y tirg )(grtgage and will hold the right to Section 13 receive the advances as a trust fudd. The advances will bpapplied first for 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 the total 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; after default in the payment of any installment of principal or of interest for fifteen days; or after default in the payment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the Leader for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or 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 its entirety on the day the first installment becomes due or payable or a lien. Sale 10. If Borrower defaults under this Mortgage and the Property is to be sold at a foreclosure sale, the Property may be sold in one parcel. Receiver 11. If Leader 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 in writing 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. If there is more than one Borrower cach shall be separately liable. The words and bound "Lender", shall include their heirs, 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 reference and made a part of this Mortgage. (THIS SPACE INTENTIONALLY LEFT BLANK) 11-11-05 NY001103 MTG FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 Documente 00002902 Volume: 736 Paset 329 Signatures The Borrower has signed this Mortgage as of the date on the first page. ORROWER Y L. SHERMAN AKA AMY L. DEN STATE OF NEW YORK, COUNTY OF 97 SS: On the C day of in the year of 20 tfore me, the un reigned, a otary blic in and for sa S te, nally ap ed perso a y wn to me or proved to me on the as:s o sati ctory evidence to t e in avi ua s 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/their signature(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 of N Yort No.01Sl5073848 Oualifiedin Yates County Commission Expires March 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 personallylnown to me or proved to me on the-basis of satisfactory evidence to be theindividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their capacity(ics), and that by his/her/their signature(s) on the instrument, the individual(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 for sald State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence 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, the individual(s), or the 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 personally known to me or proved to me on the basis of satzsfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the 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, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NY001104 FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 04/29/2022 o TO: ,20- CLERK 20 RETURN examined Mortgages YORK THE X Mortgage ON o'clock Services AND NEW and of RECORDED OF RECORD 60126 Processing Road STATE of at of day IL Lamont Elmhurst. County Liber PLEASE Dated, Page Record in at 577