Preview
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index # : EF2020-0162
EXHIBIT "B"
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
After recording please mail to:
CFCU Community Credit Union
I 030 Craft Road
Ithaca, NY 14850
-· -··- - .... (Space Above This Line For Recording Dah1}--
Loan Origination Company NMLS Identifier: 299582
Loan Originator NMLS Unique Identifier: 335528
Loan No.: 147385
MORTGAGE
WORDS USED OFT.EN IN THIS DOCUMENT
(A) "Security Instrument." This document, which is dated October 28, 2013, together with all Riders to this
document, will be called the "Security Instrument."
(D) "Borrower" is Danielle M. La Vigne, whose address is 1278 Ridge Road, Lansing, NY14882 sometimes
will be called "Borrower" and sometimes simply "I" or "me."
(C) "Lender." CFCU Community Credit Union will be called "Lender." Lender isa corporation or
association which exists under the laws of New York.
Lender's address is1030 Craft Road, Ithaca, NY
14850.
(1)) "Note," The note signedby Borrower and dated October 28, 2013, willbe called the "Note."
The Note
shows that I owe Lender One Hundred Twenty Thousand and OOilOOths Dollars (U.S. $120,000.00) plus interest
and other amounts that maybe payable. l have promised to pay this debt in Periodic Payments and to pay the debt
in full by November l, 2043.
(E) "Property." The property that is described below
in the section titled "Description of the Property," will
be called the "Property."
(F) "Loan." The "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Sums Secured." The amounts described below in thesectiontitled
"Borrower's Transfer toLender of
Rights in the Properly" sometimes will be called the "Sums Secured."
New York Mortgage-Single Family-Fannie Mat/Freddie Mac Uniform Instrument Form J0JJ 1/01
The Compliance Source, Inc, Page I of16 14001NY 08/00 Rev. 04/JJ
www.compliancesource.com ©21100-2013, The Compliance Source, Inc.
':)~ ---~ . I 111111111111111111111 l11111111111111111
~ .-/- * 1 4 7 3 8 5 *
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
(H) "Riders," A 11Riders attachedto thisSecurityInstrument thatare signed by Borrower will be called
"Riders."The following Riders are to be signed by Borrower [check box as applicable]:
D Adjustable Rate Rider [] Condominium Rider 0 Second Home Rider
D Balloon Rider 0 Planned Unil Development Rider 0 Biweekly Payment Rider
0 1-4 Family Rider D Revocable Trust Rider
0 Other(s) [specify]
(I) "Applicable Law." /\II controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all
applicable final, non-appealable, judicial
opinions will be called "Applicable Law."
(J) "Community Association Dues, Fees, and Assessments." All dues, fees, assessments and other charges
that arcimposed on Borrower or the Propertyby a condominium association, homeowners associationor similar
organization will be called "Community Association Dues, Fees, and Assessments."
(K) "Electronic Funds Transfer." "Electronic Funds Transfer" means any transfer of money, other than by
check, draft,
or similar paper instrument, which
isinitiated through
an electronicterminal,
telephonicinstrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset
or debit card isused ata merchant),automated tellermachine (or ATM) transactions,
transfersinitiated
by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items." Those items that arc described in Section 3 will be culled "Escrow Items."
(M) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement,
award of
damages. or proceeds paid by any third party (other than Insurance Proceeds paid under the coverage described in
Section 5) for:
(i) damage to, or destruction 01: the Property; (ii) Condemnation or other taking of rill or any part of
the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of,
or omissions as to,the value and/orcondition of theProperly. A laking of the Propertyby any governmental
authority by eminent domain is known as "Condemnation."
(N) "Mol'tgagc Insurance." "Mortgage Insurance" means insurance protecting Lender against the
nonpayment of, or default on, the Loan.
(0) "Periodic Payment." The regularly scheduledamount due for (i) principal and
interest under the Note,
and (ii) any amounts under Section 3 will be called "Periodic Payment."
(P) "RESPA." "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601
et seq.) and its
implementing regulation, Regulation X (]2 C.F.R. Part
1024), as they might be amended from time to time, or any
additionalor successorlegislationor regulation
that governs thesame subjectmatter, As used inthisSecurity
Instrument, "RESPA" refers toallrequirements and restrictions thal
arc imposed in regard to a "federally related
mortgage loan" even if the Loan docs not qualify as a "federally related mortgage loan" under RESPA.
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
l mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument.
This means
that, by signing this Security
Instrument, l am giving Lender those rights that are stated in this Security lnstrurneut
New York M0rlgage-Singl< Family-Fannie Macil'rctldic M•c Uniform Instrument Form 3033 1/01
The Compliance Sourer, Inc. Pagt 2 of 16 l4OOl!'l'Y 08/00 Rev. O4/JJ
www.compllancesourcr.com \1;12000-2013, The Compllnnce Source, Inc.
I 111111111111111111111 ll1111111111111111
* 147385*
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
and also thoserightsthat ApplicableLaw gives toLenders who hold mortgages on real property.I am giving
Lender these rights to protect Lender from possible losses that might result if 1 fail to:
(A) Pay allthe amounts that I owe Lender as stated in the Note including, but not limited to, all renewals,
extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value
of the Property and Lender's rights in the Property; and
(C) Keep all of my other promises and agreements under this Security Instrument and the Note.
DESCRIPTION OFTHt<: PROPERTY
I give Lender rights in the Property described in (A) through (G) below:
(A) The Property which is located at 25 Sperry Lane
[Street]
Lansing , New York 14882 ("Property Address").
[City, Town or Village] [Zip CodeJ
This Property is in Tompkins County,
It has the following legal description:
Sec attached Schedule A
(B) All buildings and other improvements that are located on the Property described in subsection (A) of
this section;
(C) All rightsin other property that I have
as owner of the Propertydescribed insubsection (A) of this
section. These rights arc known as "easements and appurtenances attached to the Property;"
(D) All rights that I have in the land which lies in the streets or roads in front of, or next to, the Property
described in subsection (A) of this section;
(E) All fixtures that arc now or in the future will be on the Property described in subsections (A) and (H)
of this section;
(F) All of the rights and property described in subsections (B) through (E) of this section that J acquire in
the future; and
(G) All replacements of or additionsto theProperty described in subsections(B) through (F)of this
section and all
Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property
described in subsections (A) through (F) of this section.
------ ·------------------------------------
New York Mortgage-Single Famlly-Fanuie Maell'rcddie Mac Uniform Instrument Form 3033 1101
The Compliance Source, Inc, Page 3 of 16 l4001NY 08100 Rev. 04113
www.complianc.csourro.com 02000-2013, The Compliance Source, Inc.
1 4 7 3
lllll8llll[511111111*
1111111111111111111111
*
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO
D.EfEND OWNERSHIP OF THE PROPERTY
I promise that:(A) l lawfully own the Property; (8) I have the right to mortgage, grant and convey the Property to
Lender; and (C) there are no outstanding claims or charges against the Property, except for those which arc of public
record.
I give a general warranty of title to Lender.
This means thatI will be fully responsible for any losses which Lender
suffers because someone other than myself has some of the rights
inthe Property whichI promise that I
have. I
promise that l will defend my ownership of the Property against any claims of such rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This SecurityInstrument contains promises and agreements that arc used in real
property security instruments all
over the country. Italso contains other promises and agreements that vary
in different parts of the country.
My
promises and agreements arc stated in "plain language."
COVENANTS
I promise and I agree with Lender as follows:
l. Borrower's Promise to Pay. l will
pay to Lender on time principal and interest due under the Note
and any prepayment, late charges and other amounts due under the Note.
I willalso pay all amountsfor Escrow
Items under Section 3 of this Security Instrument.
Payments due under the Note and this Security
Instrument shallbe made in U.S.currency. If any of my
payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be
made by: (a) cash;(b) money order;(c) certified
check, bank check, treasurer's
check or cashier's check, drawn
upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received ai the location required in the Note, or at another
location designatedby Lender under Section 15of thisSecurity Instrument. Lender may returnor acceptany
payment or partial payment if it
isfor an amount that is
less than the amount that is then due.
If Lender accepts a
lesser payment, Lender may refuse to accept a lesser payment that l may make in the future and does not waive any
of itsrights.Lender ts not obligated
to apply suchlesser payments when it accepts such payments.
If interest on
principalaccrues as if allPeriodicPayments had been paidwhen due, then Lender need not pay interest
011
unapplied funds. Lender may hold such unapplicdfunds until I make payments to bring the Loan current.
If I do
In the event
not do so within a reasonable period of time, Lender will either apply such funds or return them to me.
of foreclosure,any unapplied funds will he applied tothe outstanding principalbalance immediately priorto
foreclosure.No offset or claim which f might have now or in the future against Lender will relieve me from making
payments due under the Note and thisSecuritylnstrument or keeping allof my other promises and agreements
secured by th is Security Instrument.
2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law orthis
Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order:
First, to pay interest due under the Note;
Next, to pay principal due under the Note; and
Next, to pay the amounts due Lender under Section 3 of this Security Instrument.
Such payments will be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts will be applied as follows:
First, to pay any late charges;
Next, to pay any other amounts due under this Security Instrument; and
Next, to reduce the principal balance of the Note.
New York Mortg~gc-Singlc Famlly-Fnnnie i'l·lse/F,-cddir M•c Uniform Iustrument Form 3033 1/01
Tho Cnrnpliance Sourer, Inc. l'Mg< ~ of 16 14001 NY 0811111 Rev, 04113
·www.com pliancesuu rec.com (02000-2013, The Compliance Source, lue.
I llllll 111111111111111111111111111111111
* 1 4 7 3 8 5 *
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
If Lender receives a paymentfrom me for a late Periodic Payment
which includesa sufficient
amount to
pay any late charge due, the payment may be applied to the late Periodic Payment and the late charge.
If more than
one PeriodicPayment is due,Lender may apply any payment received from me: First,tothe repayment of the
Periodic Payments that arc due if, and to the extent that, each payment can be paid in
full; Next, to the extent that
any excess exists after the payment
is appliedto thefull payment of one or more Periodic Payments, such excess
may be applied to any late charges due.
Voluntary prepayments willbe appliedas follows: First,to any prepayment charges;and Next, as
described in the Note.
Any application of payments, InsuranceProceeds,or Miscellaneous Proceedsto principaldue under the
Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments.
3, Monthly Payments For Taxes And Insurance.
(a) Borrower's Obligations. l willpay 10 Lender all amounts necessary to pay
for taxes, assessments,
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), and any required Mortgage lnsurunce, or a Loss Reserve
as described in Section
10 in the place of Mortgage Insurance.
Each Periodic Payment will include an amount to be
applied toward payment of the following items which are called "Escrow Items:"
(J) The taxes, assessments, water charges,
sewer rents and other similar charges,
011the Property which
under Applicable Law may be superior to this Security Tnstrumcnt as a Lien on the Property.
Any claim,
demand or charge that is made against property because an obligation has not been
fulfilled is known as a
"Lien;"
(2) The leasehold payments or ground rents un the Property (if any);
(3) The premium for any and all insurance required by Lender under Section 5 of this Security Instrument;
(4) The premium for Mortgage Insurance (if any);
(5) The amount I may be required to pay Lender under Section
l O of this Security Instrument instead of
the payment ofthe premium for Mortgage Insurance (if any): and
(6) If required by Lender, the amount for any Community Association Dues, Fees, and Assessments.
After signing the Note, or at any time during its term, Lender may include these amounts as Escrow Items.
The monthly payment I willmake for Escrow Items will bebased on Lender's estimateof theannual amount
required.
I will pay all of these amounts 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 l pay to Lender for Escrow Items under this Section 3 will be called "Escrow Funds."
I
will pay Lender the Escrow funds for Escrow Items unless Lender waives rny obligation to pay the Escrow Funds
for any or all Escrow ltems.
Lender may waive my obligation to pay to Lender Escrow Funds for any or all Escrow
Items at any time. Any such waiver must be in writing.
In the event of such waiver, l 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,willpromptly send to Lender receiptsshowing such payment within such time
period as Lender may require.My obligation to make such payments and to provide receipts will be considered to
be a promise and agreement contained in this Security Instrument, as the phrase "promises and agreements" is used
in Section 9 of this Security Instrument,
If l am obligated to pay Escrow Items directly, pursuant to a waiver, and l
foilto pay theamount due for anEscrow Item, Lender may pay that amount and I will thenbe obligated under
Section 9of thisSecurity Instrumentto repay toLender. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 of thisSecurityInstrument and,upon the
revocation, I will pay to Lender all Escrow Funds, and in amounts, that are then required under this Section 3.
l promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid. Lender
will estimatefrom time to time the amount of Escrow Funds I
will have to pay by using existing assessments and
New York Mortg~g,-Siugle Famity-Fannie Mar/Fredi.lie Mac Unifurm Instrument Form 3033 1/0l
The Compliance Source, Int. Page 5 of 16 l4001N\' 08/00 Rev. 04/JJ
www.compliancesource,.<:om '02000-2013, The Cornpliancr; Source, Inc.
I llllll lllll 1111111111 111111111111111111
* 1 4 7 3 8 5 *
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
billsand reasonable estimates
of theamount l willhave topay for Escrow Items inthe future,
unless Applicable
Law requires Lender to use another method for determining the amount Tam
to ray.
Lender may, at any time, collect and hold Escrow Funds
in an amount sufficient to permit Lender to apply
the Escrow Funds atthe time specifiedunder RESPA. Applicable Law puts limits
on the total amountof Es crow
Funds Lender can at any time collectand hold. Thistotalamount cannot be more thanthe maximum amount a
lendercould require wider RESPA. If thereisanother ApplicableLaw thatimposes a lower limiton 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.
Lender 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. Thal accounting will show all additionsto .aud
deductions from the Escrow Funds and the reason for each deduction.
Lender may not charge me for holding or keeping the Escrow Punds,
for using the Escrow Funds to pay
Escrow Items,for making a yearly analysis of my paymentof Escrow Funds or for receiving, or for verifying and
However, Lender may charge me for these services if Lender pays me interest on the
totaling assessments and bills.
Escrow Funds and if Applicable Law permits Lender to make such a charge.
Lender will not be required to pay me
any interest or earnings on the Escrow Funds unless either (1) Lender and I agree in writing that Lender will
pay
interest on the Escrow Funds, or (2) Applicable Law requires Lender to pay interest on the Escrow Funds.
(c) Adjustments 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 Lender to account to me in a special manner for the excess amount of Escrow
Funds.
H; 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.Iwill pay toLender
whatever additionalamount is necessary to paythe Escrow Items when the payments are due,but the number of
payments will not be more than12.
When l have paid all of the Sums Secured, Lender will
promptly refund to me any Escrow Funds that are
then being held by Lender.
4. Borrower's Obligation to Pay Charges, Assessments And Claims. I will pay all taxes, assessments,
water charges, sewer rents and other similar charges, and any other charges and
fines that may be imposed on the
Properly and that may be superior to this Security Instrument.
1 will also make ground rents or payments due under
my lease if I am a tenant on the Property and Community Association Dues, Fees, and Assessments (if any} due on
the Property.If these items are Escrow Items, l will do this by making the payments as described in Section 3 of this
Security Instrument. In thisSecurity Instrument, the word "Person" means any individual,organization,
governmental authority or other party.
l will promptly pay or satisfy ull liens against the Property that may be superior to this Security Instrument.
However, this Security Instrument docs not require me to satisfy a superior lien if:
(a) l agree, in writing, to pay the
obligation which gave rise to the superior lien and Lender approves the way in which 1 agree to pay that obligation,
but only so long as Tam performing such agreement; (b) in good
faith, l argue or defend against the superior lien in
a lawsuit so that in Lender's opinion, during the lawsuit, the superior lien may not be enforced, but only until the
lawsuit ends; or (c) T secure from the bolder of that other lien an agreement, approved in writing by Lender, that the
lien of this Security Instrument is superior to the lien held by that person.
If Lender determines that any part of the
Property is subject to a superior lien, Lender may give Borrower a notice identifying the superior lien.
Within I0
days of the date on which the notice is given, Borrower shall pay or satisfy the superior lien or take one or more of
the actions mentioned in this Section 4.
Lender also may require me to pay <1 one-time charge
for an independent real estate tax reporting service
used by Lender in connection with the Loan, unless Applicable Law docs not permit Lender to make such a charge.
N~w Yori, Mortgage-Single Fa mily-Fnunle Mnr/Freullic Mac Uniform Instrument Form .1033
I/OJ
Th; Cnmpliancr; Source, Inc. Page 6 or 16 1400 I NY 08/00 llcv. 04/J 3
www.comptiancesuurcc.com ©200() .. 2013, The Compliance Sourec, Inc.
11111111111111111111H 1!1111111111111111
* 1 4 ? 3 8 5 *
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020
CI2020-06369 Index #: EF2020-0162
5. Dorrowcr's Obligation to Muintain Haza rd Insurance or Property Insurance.l will obtain hazard
or propertyinsurance to cover all buildings and other improvem ents that now are, or in the future. will be, located on
the Propert y.The insurance willcover lossor damage caused by fire,
hazards norm allycovered by "Extended
Coverage" hazard insurance policies, and
any other hazardsfor which Lender requires coverage, including, but not
limitedlo earthquakesand floods. The insurance will
be in the amounts (including, but
not limited to, deductible
levels)and for the periods of time required
by Lender. What Lender requires under thelast sentence can
change
during the termof theLoan. I may choose the insurance company,but my choice issubjecttoLender's right
to
disapprove. Lender may not disapprove my choice unless the disapproval
is reasonable.
Lender may require me to
pay either (a) a
one-time charge for flood
zone determ ination. certification
and tracking services, or (b) a one-time
charge for floodzone determ inationand certification
services and subsequent chargeseach time rernappingsor
similar changes occur which reasonably might affect the flood zone determ ination or certification.
If I disagree with
the floodzone determination,lmay request' the Federal
Emergency Management Agency to reviewthe floodzone
determination and l promise to pay any fees charged by the Federal. Emergency Management Agency for its review.
If I fail to maintain any of the insurance coverages described above, Lender may obtain insurance coverage,
atLender's option and my expense, Lender iswider no obligationto purchase any particular type or amount of
coverage.Therefore, such coverage will cover Lender, but might or might not protect me, my equity in the Property,
or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than
was previouslyin effect.I acknowledge thatthe costof the insurance coverage so obtained
might significantly
exceed the cost of insurance that
I could have obtained.
Any amounts disbursed by Lender under this Section 5 will
become my additional debt secured by this Security Instrument.
These amounts will bear interest at the interest rate
set forth in the Note from the date of disbursement and will be payable with such interest, upon notice from Lender
to me requesting payment.
Allof the insurancepoliciesand renewals of thosepolicieswill include whatis known as a "Standard
Mortgage Clause" to protect Lender and will
name Lender as mortgagee and/or us an additional loss
payee. The
form of all policies and renewals will be acceptable to Lender.
Lender will have the right to hold the policies and
renewalcertificates,If Lender requires,
l willpromptly give Lender allreceiptsof paidpremiums and renewal
notices that I receive.
TfT obtain any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction
of, the Property, such policy will include a Standard Mortgage Clause and will name Lender as mortgagee and/or as
an additional loss payee.
lf there is a loss or damage to the Property, I will promptly notify the insurance company and Lender.
If l
do not promptly prove lo the insurance company that the loss or damage occurred, then Lender may do so.
The amount paid by the insurance company forloss or damage to the Propertyis called"Insurance
Proceeds." Unless Lender and I otherwise agree in writing, any Insurance Proceeds, whether or not the underlying
insurance was requiredby Lender, willbe used to repair or to
restore the damagedProperty unless:(a) it is no!
economically feasible
to make therepairsor restoration;
(b) theuse of the InsuranceProceeds for thatpurpose
would lessen the protection given to Lender by this Security Instrument; or (c) Lender and 1 have agreed in writing
Preview
FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index # : EF2020-0162 EXHIBIT "B" FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 After recording please mail to: CFCU Community Credit Union I 030 Craft Road Ithaca, NY 14850 -· -··- - .... (Space Above This Line For Recording Dah1}-- Loan Origination Company NMLS Identifier: 299582 Loan Originator NMLS Unique Identifier: 335528 Loan No.: 147385 MORTGAGE WORDS USED OFT.EN IN THIS DOCUMENT (A) "Security Instrument." This document, which is dated October 28, 2013, together with all Riders to this document, will be called the "Security Instrument." (D) "Borrower" is Danielle M. La Vigne, whose address is 1278 Ridge Road, Lansing, NY14882 sometimes will be called "Borrower" and sometimes simply "I" or "me." (C) "Lender." CFCU Community Credit Union will be called "Lender." Lender isa corporation or association which exists under the laws of New York. Lender's address is1030 Craft Road, Ithaca, NY 14850. (1)) "Note," The note signedby Borrower and dated October 28, 2013, willbe called the "Note." The Note shows that I owe Lender One Hundred Twenty Thousand and OOilOOths Dollars (U.S. $120,000.00) plus interest and other amounts that maybe payable. l have promised to pay this debt in Periodic Payments and to pay the debt in full by November l, 2043. (E) "Property." The property that is described below in the section titled "Description of the Property," will be called the "Property." (F) "Loan." The "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Sums Secured." The amounts described below in thesectiontitled "Borrower's Transfer toLender of Rights in the Properly" sometimes will be called the "Sums Secured." New York Mortgage-Single Family-Fannie Mat/Freddie Mac Uniform Instrument Form J0JJ 1/01 The Compliance Source, Inc, Page I of16 14001NY 08/00 Rev. 04/JJ www.compliancesource.com ©21100-2013, The Compliance Source, Inc. ':)~ ---~ . I 111111111111111111111 l11111111111111111 ~ .-/- * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 (H) "Riders," A 11Riders attachedto thisSecurityInstrument thatare signed by Borrower will be called "Riders."The following Riders are to be signed by Borrower [check box as applicable]: D Adjustable Rate Rider [] Condominium Rider 0 Second Home Rider D Balloon Rider 0 Planned Unil Development Rider 0 Biweekly Payment Rider 0 1-4 Family Rider D Revocable Trust Rider 0 Other(s) [specify] (I) "Applicable Law." /\II controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable, judicial opinions will be called "Applicable Law." (J) "Community Association Dues, Fees, and Assessments." All dues, fees, assessments and other charges that arcimposed on Borrower or the Propertyby a condominium association, homeowners associationor similar organization will be called "Community Association Dues, Fees, and Assessments." (K) "Electronic Funds Transfer." "Electronic Funds Transfer" means any transfer of money, other than by check, draft, or similar paper instrument, which isinitiated through an electronicterminal, telephonicinstrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card isused ata merchant),automated tellermachine (or ATM) transactions, transfersinitiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items." Those items that arc described in Section 3 will be culled "Escrow Items." (M) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than Insurance Proceeds paid under the coverage described in Section 5) for: (i) damage to, or destruction 01: the Property; (ii) Condemnation or other taking of rill or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to,the value and/orcondition of theProperly. A laking of the Propertyby any governmental authority by eminent domain is known as "Condemnation." (N) "Mol'tgagc Insurance." "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment." The regularly scheduledamount due for (i) principal and interest under the Note, and (ii) any amounts under Section 3 will be called "Periodic Payment." (P) "RESPA." "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (]2 C.F.R. Part 1024), as they might be amended from time to time, or any additionalor successorlegislationor regulation that governs thesame subjectmatter, As used inthisSecurity Instrument, "RESPA" refers toallrequirements and restrictions thal arc imposed in regard to a "federally related mortgage loan" even if the Loan docs not qualify as a "federally related mortgage loan" under RESPA. BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY l mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, l am giving Lender those rights that are stated in this Security lnstrurneut New York M0rlgage-Singl< Family-Fannie Macil'rctldic M•c Uniform Instrument Form 3033 1/01 The Compliance Sourer, Inc. Pagt 2 of 16 l4OOl!'l'Y 08/00 Rev. O4/JJ www.compllancesourcr.com \1;12000-2013, The Compllnnce Source, Inc. I 111111111111111111111 ll1111111111111111 * 147385* FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 and also thoserightsthat ApplicableLaw gives toLenders who hold mortgages on real property.I am giving Lender these rights to protect Lender from possible losses that might result if 1 fail to: (A) Pay allthe amounts that I owe Lender as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument and the Note. DESCRIPTION OFTHt<: PROPERTY I give Lender rights in the Property described in (A) through (G) below: (A) The Property which is located at 25 Sperry Lane [Street] Lansing , New York 14882 ("Property Address"). [City, Town or Village] [Zip CodeJ This Property is in Tompkins County, It has the following legal description: Sec attached Schedule A (B) All buildings and other improvements that are located on the Property described in subsection (A) of this section; (C) All rightsin other property that I have as owner of the Propertydescribed insubsection (A) of this section. These rights arc known as "easements and appurtenances attached to the Property;" (D) All rights that I have in the land which lies in the streets or roads in front of, or next to, the Property described in subsection (A) of this section; (E) All fixtures that arc now or in the future will be on the Property described in subsections (A) and (H) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that J acquire in the future; and (G) All replacements of or additionsto theProperty described in subsections(B) through (F)of this section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. ------ ·------------------------------------ New York Mortgage-Single Famlly-Fanuie Maell'rcddie Mac Uniform Instrument Form 3033 1101 The Compliance Source, Inc, Page 3 of 16 l4001NY 08100 Rev. 04113 www.complianc.csourro.com 02000-2013, The Compliance Source, Inc. 1 4 7 3 lllll8llll[511111111* 1111111111111111111111 * FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO D.EfEND OWNERSHIP OF THE PROPERTY I promise that:(A) l lawfully own the Property; (8) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which arc of public record. I give a general warranty of title to Lender. This means thatI will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights inthe Property whichI promise that I have. I promise that l will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This SecurityInstrument contains promises and agreements that arc used in real property security instruments all over the country. Italso contains other promises and agreements that vary in different parts of the country. My promises and agreements arc stated in "plain language." COVENANTS I promise and I agree with Lender as follows: l. Borrower's Promise to Pay. l will pay to Lender on time principal and interest due under the Note and any prepayment, late charges and other amounts due under the Note. I willalso pay all amountsfor Escrow Items under Section 3 of this Security Instrument. Payments due under the Note and this Security Instrument shallbe made in U.S.currency. If any of my payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be made by: (a) cash;(b) money order;(c) certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received ai the location required in the Note, or at another location designatedby Lender under Section 15of thisSecurity Instrument. Lender may returnor acceptany payment or partial payment if it isfor an amount that is less than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that l may make in the future and does not waive any of itsrights.Lender ts not obligated to apply suchlesser payments when it accepts such payments. If interest on principalaccrues as if allPeriodicPayments had been paidwhen due, then Lender need not pay interest 011 unapplied funds. Lender may hold such unapplicdfunds until I make payments to bring the Loan current. If I do In the event not do so within a reasonable period of time, Lender will either apply such funds or return them to me. of foreclosure,any unapplied funds will he applied tothe outstanding principalbalance immediately priorto foreclosure.No offset or claim which f might have now or in the future against Lender will relieve me from making payments due under the Note and thisSecuritylnstrument or keeping allof my other promises and agreements secured by th is Security Instrument. 2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law orthis Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order: First, to pay interest due under the Note; Next, to pay principal due under the Note; and Next, to pay the amounts due Lender under Section 3 of this Security Instrument. Such payments will be applied to each Periodic Payment in the order in which it became due. Any remaining amounts will be applied as follows: First, to pay any late charges; Next, to pay any other amounts due under this Security Instrument; and Next, to reduce the principal balance of the Note. New York Mortg~gc-Singlc Famlly-Fnnnie i'l·lse/F,-cddir M•c Uniform Iustrument Form 3033 1/01 Tho Cnrnpliance Sourer, Inc. l'Mg< ~ of 16 14001 NY 0811111 Rev, 04113 ·www.com pliancesuu rec.com (02000-2013, The Compliance Source, lue. I llllll 111111111111111111111111111111111 * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 If Lender receives a paymentfrom me for a late Periodic Payment which includesa sufficient amount to pay any late charge due, the payment may be applied to the late Periodic Payment and the late charge. If more than one PeriodicPayment is due,Lender may apply any payment received from me: First,tothe repayment of the Periodic Payments that arc due if, and to the extent that, each payment can be paid in full; Next, to the extent that any excess exists after the payment is appliedto thefull payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments willbe appliedas follows: First,to any prepayment charges;and Next, as described in the Note. Any application of payments, InsuranceProceeds,or Miscellaneous Proceedsto principaldue under the Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments. 3, Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations. l willpay 10 Lender all amounts necessary to pay for taxes, assessments, 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), and any required Mortgage lnsurunce, or a Loss Reserve as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be applied toward payment of the following items which are called "Escrow Items:" (J) The taxes, assessments, water charges, sewer rents and other similar charges, 011the Property which under Applicable Law may be superior to this Security Tnstrumcnt as a Lien on the Property. Any claim, demand or charge that is made against property because an obligation has not been fulfilled is known as a "Lien;" (2) The leasehold payments or ground rents un the Property (if any); (3) The premium for any and all insurance required by Lender under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance (if any); (5) The amount I may be required to pay Lender under Section l O of this Security Instrument instead of the payment ofthe premium for Mortgage Insurance (if any): and (6) If required by Lender, the amount for any Community Association Dues, Fees, and Assessments. After signing the Note, or at any time during its term, Lender may include these amounts as Escrow Items. The monthly payment I willmake for Escrow Items will bebased on Lender's estimateof theannual amount required. I will pay all of these amounts 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 l pay to Lender for Escrow Items under this Section 3 will be called "Escrow Funds." I will pay Lender the Escrow funds for Escrow Items unless Lender waives rny obligation to pay the Escrow Funds for any or all Escrow ltems. Lender may waive my obligation to pay to Lender Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, l 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,willpromptly send to Lender receiptsshowing such payment within such time period as Lender may require.My obligation to make such payments and to provide receipts will be considered to be a promise and agreement contained in this Security Instrument, as the phrase "promises and agreements" is used in Section 9 of this Security Instrument, If l am obligated to pay Escrow Items directly, pursuant to a waiver, and l foilto pay theamount due for anEscrow Item, Lender may pay that amount and I will thenbe obligated under Section 9of thisSecurity Instrumentto repay toLender. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 of thisSecurityInstrument and,upon the revocation, I will pay to Lender all Escrow Funds, and in amounts, that are then required under this Section 3. l promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid. Lender will estimatefrom time to time the amount of Escrow Funds I will have to pay by using existing assessments and New York Mortg~g,-Siugle Famity-Fannie Mar/Fredi.lie Mac Unifurm Instrument Form 3033 1/0l The Compliance Source, Int. Page 5 of 16 l4001N\' 08/00 Rev. 04/JJ www.compliancesource,.<:om '02000-2013, The Cornpliancr; Source, Inc. I llllll lllll 1111111111 111111111111111111 * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 billsand reasonable estimates of theamount l willhave topay for Escrow Items inthe future, unless Applicable Law requires Lender to use another method for determining the amount Tam to ray. Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to apply the Escrow Funds atthe time specifiedunder RESPA. Applicable Law puts limits on the total amountof Es crow Funds Lender can at any time collectand hold. Thistotalamount cannot be more thanthe maximum amount a lendercould require wider RESPA. If thereisanother ApplicableLaw thatimposes a lower limiton 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. Lender 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. Thal accounting will show all additionsto .aud deductions from the Escrow Funds and the reason for each deduction. Lender may not charge me for holding or keeping the Escrow Punds, for using the Escrow Funds to pay Escrow Items,for making a yearly analysis of my paymentof Escrow Funds or for receiving, or for verifying and However, Lender may charge me for these services if Lender pays me interest on the totaling assessments and bills. Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Escrow Funds unless either (1) Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Lender to pay interest on the Escrow Funds. (c) Adjustments 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 Lender to account to me in a special manner for the excess amount of Escrow Funds. H; 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.Iwill pay toLender whatever additionalamount is necessary to paythe Escrow Items when the payments are due,but the number of payments will not be more than12. When l have paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that are then being held by Lender. 4. Borrower's Obligation to Pay Charges, Assessments And Claims. I will pay all taxes, assessments, water charges, sewer rents and other similar charges, and any other charges and fines that may be imposed on the Properly and that may be superior to this Security Instrument. 1 will also make ground rents or payments due under my lease if I am a tenant on the Property and Community Association Dues, Fees, and Assessments (if any} due on the Property.If these items are Escrow Items, l will do this by making the payments as described in Section 3 of this Security Instrument. In thisSecurity Instrument, the word "Person" means any individual,organization, governmental authority or other party. l will promptly pay or satisfy ull liens against the Property that may be superior to this Security Instrument. However, this Security Instrument docs not require me to satisfy a superior lien if: (a) l agree, in writing, to pay the obligation which gave rise to the superior lien and Lender approves the way in which 1 agree to pay that obligation, but only so long as Tam performing such agreement; (b) in good faith, l argue or defend against the superior lien in a lawsuit so that in Lender's opinion, during the lawsuit, the superior lien may not be enforced, but only until the lawsuit ends; or (c) T secure from the bolder of that other lien an agreement, approved in writing by Lender, that the lien of this Security Instrument is superior to the lien held by that person. If Lender determines that any part of the Property is subject to a superior lien, Lender may give Borrower a notice identifying the superior lien. Within I0 days of the date on which the notice is given, Borrower shall pay or satisfy the superior lien or take one or more of the actions mentioned in this Section 4. Lender also may require me to pay <1 one-time charge for an independent real estate tax reporting service used by Lender in connection with the Loan, unless Applicable Law docs not permit Lender to make such a charge. N~w Yori, Mortgage-Single Fa mily-Fnunle Mnr/Freullic Mac Uniform Instrument Form .1033 I/OJ Th; Cnmpliancr; Source, Inc. Page 6 or 16 1400 I NY 08/00 llcv. 04/J 3 www.comptiancesuurcc.com ©200() .. 2013, The Compliance Sourec, Inc. 11111111111111111111H 1!1111111111111111 * 1 4 ? 3 8 5 * FILED: TOMPKINS COUNTY CLERK 06/01/2020 11:42 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/01/2020 CI2020-06369 Index #: EF2020-0162 5. Dorrowcr's Obligation to Muintain Haza rd Insurance or Property Insurance.l will obtain hazard or propertyinsurance to cover all buildings and other improvem ents that now are, or in the future. will be, located on the Propert y.The insurance willcover lossor damage caused by fire, hazards norm allycovered by "Extended Coverage" hazard insurance policies, and any other hazardsfor which Lender requires coverage, including, but not limitedlo earthquakesand floods. The insurance will be in the amounts (including, but not limited to, deductible levels)and for the periods of time required by Lender. What Lender requires under thelast sentence can change during the termof theLoan. I may choose the insurance company,but my choice issubjecttoLender's right to disapprove. Lender may not disapprove my choice unless the disapproval is reasonable. Lender may require me to pay either (a) a one-time charge for flood zone determ ination. certification and tracking services, or (b) a one-time charge for floodzone determ inationand certification services and subsequent chargeseach time rernappingsor similar changes occur which reasonably might affect the flood zone determ ination or certification. If I disagree with the floodzone determination,lmay request' the Federal Emergency Management Agency to reviewthe floodzone determination and l promise to pay any fees charged by the Federal. Emergency Management Agency for its review. If I fail to maintain any of the insurance coverages described above, Lender may obtain insurance coverage, atLender's option and my expense, Lender iswider no obligationto purchase any particular type or amount of coverage.Therefore, such coverage will cover Lender, but might or might not protect me, my equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previouslyin effect.I acknowledge thatthe costof the insurance coverage so obtained might significantly exceed the cost of insurance that I could have obtained. Any amounts disbursed by Lender under this Section 5 will become my additional debt secured by this Security Instrument. These amounts will bear interest at the interest rate set forth in the Note from the date of disbursement and will be payable with such interest, upon notice from Lender to me requesting payment. Allof the insurancepoliciesand renewals of thosepolicieswill include whatis known as a "Standard Mortgage Clause" to protect Lender and will name Lender as mortgagee and/or us an additional loss payee. The form of all policies and renewals will be acceptable to Lender. Lender will have the right to hold the policies and renewalcertificates,If Lender requires, l willpromptly give Lender allreceiptsof paidpremiums and renewal notices that I receive. TfT obtain any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy will include a Standard Mortgage Clause and will name Lender as mortgagee and/or as an additional loss payee. lf there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If l do not promptly prove lo the insurance company that the loss or damage occurred, then Lender may do so. The amount paid by the insurance company forloss or damage to the Propertyis called"Insurance Proceeds." Unless Lender and I otherwise agree in writing, any Insurance Proceeds, whether or not the underlying insurance was requiredby Lender, willbe used to repair or to restore the damagedProperty unless:(a) it is no! economically feasible to make therepairsor restoration; (b) theuse of the InsuranceProceeds for thatpurpose would lessen the protection given to Lender by this Security Instrument; or (c) Lender and 1 have agreed in writing