Preview
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
CI2020-14350 Index # : EF2020-0162
EXHIBIT “J”
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
CI2020-14350 Index #: EF2020-0162
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
BARBARA U. COLLYER, and the FRANK F. and
BARBARA U. COLLYER, IllREVOCABLE INTER RESPONSE TO
VIVOS TRUST, NOTICE TO PRODUCE
Plaintiffs, /ndex No. EF2020-0162
vs.
DANIELLE M. LAVIGNE, NEW YORK CENTRAL
MUTUAL FIRE INSURANCE COMPANY, CFCU
COMMUNITY CREDIT UNION, and the TOWN
OF LANSING, NEW YORK,
Defendants.
Defendant, CFCU COMMUNITY CREDIT UNION (hereinafter "CFCU"), by its
attorneys, Coughlin & Gerhart, LLP, as a for a response to the Notice To Produce of the
defendant, NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, dated
August 17, 2020, sets forth the following:
DOCUMENTS AND/OR THINGS DEMANDED
"A"
1. Attached hereto as Exhibit please find the following documents
a. Short Form Mortgage dated October 28, 2013 executed Danielle M.
LaVigne;
b. Mortgage dated October 28, 2013 executed by Danielle M. LaVigne;
c. Note executed by Danielle LaVigne to CFCU dated October 28, 2013 in
the amount of $120,000 plus interest;
d. Letter from The Lama Law Firm to Eliza S. Mulhern, Esq. (Counsel for
CFCU) dated June 26, 2019;
1
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Cl2020-14350 Index #: EF2020-0162
e. Screenshot of the account of Danielle A. LaVigne setting forth amounts
due and phone conversations with Ms. LaVigne;
f. Blank Mortgage Assistance Application;
g. Account history for the period of 08-01-2013 to 09-01-2020;
"B"
2. Attached hereto as Exhibit please find copies of the following
correspondence:
a. Letter from CFCU to Danielle LaVigne dated August 14, 2019 advising of
delinquent amount of $1,490.96;
b. Letter from CFCU to Danielle LaVigne advising of current balance on loan
in the amount of $108,833.27;
c. Emails between Mark S. Gorgos, Esq. and Marco Cercone, Esq., for the
period of October 29, 2019 to February 13, 2020;
d. Email dated March 29, 2019 from Eileen Joyce (NYCM) to Larkin
Insurance;
e. Letter from Eliza S. Mulhern, Esq. to NYCM dated June 12, 2019; and
f. Letter from Marco Cercone, Esq. to Eliza S. Mulhern, Esq. dated July 16,
2019.
PLEASE TAKE NOTICE, that defendant's responses to the demands made by
New York Central Mutual Fire Insurance Company are based upon the presently
available level of information in defendant's possession and defendant will provide
further information requested upon completion of disclosure and by service of an
amended and/or supplemental Response.
2
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Cl2020-14350 Index #: EF2020-0162
PLEASE TAKE FURTHER NOTICE, that defendant reserves its right to amend
and/or supplement this document without Court leave prior to trial.
Dated: Binghamton, New York
August 26, 2020
Rachel A. Abbott, Esq.
COUGHLIN & GERHART, LLP
Attorneys for Defendant
CFCU Community Credit Union
PO Box 2039
Binghamton, New York 13902-2039
Tel: (607) 723-9511
TO: Marco Cercone, Esq.
Shawn P. Byrns, Esq.
Rupp, Baase, Pfalzgraf, Cunningham, LLC
Attorneys for Defendant, New York Central Mutual Fire Insurance Co.
1600 Liberty Building
Buffalo, New York 14202
Tel. 716-854-3400
cc: Peter J. Walsh, Esq.
True, Walsh & Sokoni, L.L.P.
Attorneys for Plaintiffs
South HillBusiness Campus
950 Danby Road, Suite 310
Ithaca, New York 14850
Tel.: (607) 273-2301
Luciano L. Lama, Esq.
The Lama Law Firm, L.L.P.
Attorneys for Defendant, Danielle M. LaVigne
2343 North Triphammer Road
Ithaca, New York 14850
Tel. (607) 275-3425
Guy K. Krogh, Esq.
Thaler & Thaler
Attorneys for Defendant, Town of Lansing
309 North Tioga Street
Ithaca, New York 14851
Tel. (607) 272-2314
3
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
CI2020-14350 Index #: EF2020-0162
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Index #: EF2020-0162
Cl2020-14350
After recording pleasemail to:
CFCU Ce===r.ity CreditUnion
1030 Craft Road
Ithaca,NY 14850
____--f Space Above
ThisLineFor Recording Datal--
Loan Origination Company NMLS Iderdincr:299582
Loan OriginatorNMLS Unique Iderdinêr:335528
Loan No,:147385
MORTGAGE
WORDS USED OFTEN IN THIS DOCUMENT
Instrument."
(A) "Security Thisdocument, which is datedOctober 28, 2013,togetherwith all Riders
to this
be called instrument."
document, will the "Security
"Borrower"
(B) is Danielle
M. Lavigne, whose addressis 1278 Ridge Road, Lansing, NY 14882 sometimes
willbe called"Borrower" "I" "me."
and sometimes simply or
"Lender." "Lender." corporation or
(C) CFCU Community Credit Union will be called Lender isa
associationwhich exists
under the lawsofNew York. Lender'saddressis 1030 CraftRoad,Ithaca,NY 14850.
"Note," "Note."
(D) The note signedby Borrower and datedOctober 28, 2013, willbe calledthe The Note
shows thatI owe Lender One Hundred Twenty Thousand and 00/100tlisDollars(U.S.$120,000.00) plusinterest
and otheramounts thatmay be payable. 1 havepromised to paythisdebt in Periodic
Payments and to paythe debt
infullby November 1, 2043.
"Property." Property,"
(E) The propertythatis describedbelow in the section
titled"Descriptionof the will
"Property."
be calledthe
"Loan." "Loan"
(F) The means the debtevidenced by the Note,plusinterest,
any prepayment chargesand late
chargesdue under the Note,and all
sums due under thisSecurityInstrument,plusinterest.
"Sums Secured." The amounts describedbelow in thesectiontitled"Borrower'sTransfer to Lender of
(G)
Secured."
Rights in the Property"
sometimes willbe called
the "Sums
New York Mortgage-Single Family-Fannie Mae/Freddie Mac Uniform lecruürd Form3033 1/01
The Compliance Source, Inc. Page 1 of 16 1400tNY 08/00Rev.04/13
www.compliancesource.com ©2000-2013,The Compliance Source,Inc.
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Cl2020-14350 Index #: EF2020-0162
"Riders," AllRiders
(H) attached tothis SecurityInstrumentthat are signedby Borrower will be called
"
"Riders The followingRiders are to be signed
by Borrower {check box as applicable]:
AdjustableRate Rider O Condominium Rider Second Home Rider
Balloon Rider O Planned UnitDevelopment Rider O Biweekly Payment Rider
l-4 FamilyRider O Revocable TrustRider
Other(s)[specify)
"Applicable Law." All applicable
(1) controlling state and local
federal, ordinances
regulations,
statutes, and
administrativerulesand orders(thathave the effect
of law)as wellas allapplicablefinal, judicial
non-appealable,
opinionswillbe called"ApplicableLaw."
Association and Assessments." assessments and othercharges
(J) "Community Dues, Fees, All dues,fees,
thatare imposed on Borrower orthe Property by a condominium homeowners
association, associationorsimilar
organizationwillbe called "
"Community AssociationDues, Fees, and Assessments
"Electronic Funds Transfer." Transfer"
(K) "ElectronicFunds means any transferofmoney, other thanby
check, or
draft, similarpaper instrument,which is initiated
throughan electronicterminal,telephonicinstrument,
computer, ormagnetic tape so as to
order, or
instruct, authorizea financial to debit
institution an account.
or credit
Some common examples ofan ElectronicFunds Transferare point-of-sale (where
transfers a cardsuch as an asset
or debit card is used at a merchant), automated tellermachine (orATM) transfers
transactions, initiated
by
telephone,wire and automated
transfers, clearinghousetransfers.
Items." Items."
(L) "Eserow Those itemsthatare describedin Section
3 willbe called"Escrow
Proceeds." Proceeds" award
(M) "Miscellaneous "Miscellaneous means any compensation, settlement, of
damages, or proceeds paidby any thirdparty (otherthanInsuranceProceeds paid under the coveragedescribedin
Section 5) for: damage
(i) to, or destruction
of,the Property;
(ii)Condemnation orothertakingof all or any
partof
the Property; conveyance
(iii) inlieuofCondemnation or sale to avoid
Condemnation; misrepresentations
or (iv) of,
or omissions as to,the value and/orcondition of theProperty. A takingof the Propertyby any governmental
"Condemnation."
authorityby eminentdomain is known as
Insurance." Insurance" the
(N) "Mortgage "Mortgage means insurance protectingLender against
nonpayment of,or default
on, the Loan.
"Periodic Payment." The scheduled amount due for principaland under
interest the
(0) regularly (i) Note,
Payment."
and (ii)
any amounts under Section3 willbe called"Periodic
"RESPA." "RESPA"
(P) means theReal EstateSettlement ProceduresAct (12 U.S.C. §260I et seq.)
and its
implementing regulation,RegulationX (12CER. Part1024),as they mightbe amended from time to time,
or any
additionalor successorlegislationor regulationthatgoverns the same subject matter.As used inthisSecurity
"RESPA"
Instrument, referstoallrequirements and that
restrictions areimposed in regardtoa "federallyrelated
loan" loan"
mortgage evenif the Loandoes notqualifyasa related
"federally mortgage underRESPA.
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage,grant and convey theProperty toLender subjectto the
terms of thisSecurityInstrument. Thismeans
that,by signingthisSecurityInstrument,I am givingLeader those rightsthatarestatedin this
SecurityInstrument
New York Mortgage-Single Family-Fann ie Mac/Freddie Mac Uniform Instrument Form 3033 1/01
Th e Compliance Source, Inc. I'age l
of 16 14001NY08/00Rev.04/13
www.compliancesource.com ©2000-2013,The Compliance Source, Inc.
H1111ll|l|111101111ll1111111111M111
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Index #: EF2020-0162
C12020-14350
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 if I fail
result to:
(A) Pay allthe amounts thatI owe Lenderas statedin the Note but not
including, limitedto, all
renewals,
extensionsand modificationsof the Note;
(B) Pay, withinterest,
any amounts thatLender spends under this
SecurityInstrument the
to protect value
of the Property
and Lender'srightsin the Property;
and
(C) Keep allof my otherpromises and agreementsunder this Security
Instrumentand the Note,
DESCRIPTION OF THE PROPERTY
I giveLenderrightsin the Property
describedin (A)through (G)below:
(A) The Propertywhich is located
at 25 SperryLane
[Street]
Lansing , New York 14882 ("PropertyAddress").
Town
[City, or Village] [ZipCode]
This Propertyis in Tompkins County. legal
It has the following descriptionti
See attached Schedule A
(B) AJI buildingsand otherimprovements thatare locatedon thePropertydescribed in subsection
(A) of
this section;
(C) All rightsin otherpropertythat I haveas owner of theProperty describedin subsection(A) ofthis
Property;"
section.
These rightsare known as "easementsand appurtenancesattachedto the
(D) All rightsthatI havein theland which liesin the
streetsorroads in front
of,or nextto, the Property
describedin subsection(A)of this
section;
(E) All fixturesthatare now or in will
the future be on the Propertydescribedin subsections
(A) and (B)
of this
section;
(F) All ofthe rightsand propertydescribedinsubsections(B) through (E)of this
sectionthatl acquirein
the future;
and
(G) All replacements of or additionsto the Propertydescribed in subsections(B) through (F) ofthis
sectionand allInsurance Proceeds forlossor damage to,and Miscellaneous
all Proceeds ofthe Property
describedin subsections(A)through (F) of
thissection.
New York Mortgage-Single Family-Fanate Mae|Vreddie Mac Uniform Instrument Form 3033 Ñ01
The Compilance Source, Inc. Page3 of 16 14001NY08/00 Rev.04/13
www.compliancesource.com O2000-2013,The Ce•=pHameSource, Inc,
1111 I Ill lilll#1111|lli II
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
Index #: EF2020-0162
Cl2020-14350
BORROWER'S RIG.HT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO
DEFEND OWNERSH1POF TH.E PROPERTY
I promisethat: (A)I lawfullyown the Property;
(B)I havethe rightto mortgage,grantand convey the Propenyto
1.ender;and (C)thereare no outstanding
claims or charges
againstthe Property,
except forthosewhich are of public
record.
[ givea generalwarrantyof title
to Lender.This means thatI willbe fully
responsibleforany losseswhich Lender
suffersbecause someone otherthan myselfhas some of the rightsinthe Propertywhich 1 promise thatIbave. I
promise that1 will
defend my ownership of the Property
againslany claimsof such rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This SecurityInstrument containspromises and agreements thatareused in realpropertysecurityinstrumentsall
over thecountry. Italso containsotherpromises and agreements that varyin parts
different of thecountry. My
promises language."
and agreementsare stated
in "plain
COVENANTS
I promise and 1 agree with
Lender as follows:
L Borrower's Promise to Pay. I will
pay to Lender on time principal due
and interest under the Note
and any prepayment, latecharges and otheramounts due underthe Note. 1 willalsopay allumounts forEscrow
Items under Section3 of this
SecurityInstrument.
Payments due under the Noteand thisSecurityInstrument shallbe made in UsS. currency.Ifany of my
payments by check or other
payment instrumentis returned
to Lender unpaid,Lender may requiremy payment be
made by: (a) cash;
(b) money order;(c) certified
check,bank check, check
treasurer's or cashier'scheck,drawn
upon an institution
whose depositsare insured
by a federal
agency, instrumentality, or (d)
or entity; Electronic
Funds
Transfer.
Payments are deemed receivedby Lender when receivedat thelocationrequiredinthe Note,or at another
locationdesignated by Lender under Section15 of thisSecurity Instrument. Lender may returnor acceptany
payment or partial
payment ifitis foran amount thatis less than
theamount thatis thendue. If Lenderaccepts a
lesserpayment, Lender may refuseto accepta lesser paymentthat1 maymake in the future
and does not waiveany
of itsrights.Lender is notobligatedtoapply such lesserpayments when it accepts
such payments. Ifinterest
on
principalaccrues as ifall PeriodicPayments had been paid when due, then Lender need not pay on
interest
unapplied funds. Lender may hold such unappliedfunds untilImake payments tobring the Loan current.If1 do
not do so within
a reasonableperiod oftime,Lender willeitherapply suchfunds them
or return to me. In the event
of foreclosure,any unapplied funds will be appliedto the outstanding principalbalanceimmediately priorto
foreclosure.No offsetor claimwhich I mighthave now or in thefuture
againstLender willrelieveme from making
payments due under theNote and thisSecurityInstrument orkeeping allofmy otherpromises and agreements
secured by this
SecurityInstrument.
2. Application of Borrower's Payments and Insurance Proceeds, Unless Applicable Law orthis
Section2 requiresotherwise,Lender willapplyeach ofmy payments thatLender acceptsinthefollowingorder:
to pay
First, interest
due underthe Note;
Next, due
to pay principal under the Note;
and
Next, to paythe amountsdue Lender underSection 3 of this
SecurityInstrument,
Such payments willbe appliedto each Periodic
Payment in the order
in whichit becamedue.
Any remaining amounts willbe appliedas follows:
to pay
First, any late charges;
Next,to pay anyother amounts due underthisSecurityInstrument;and
Next,to reduce balance
the principa| of the Note.
New York Martgage-Single Family-Fannic Mae/Freddie Mac Uniform Instrument Form 3033 1/01
The Compliance Source, Inc. Page4 or J6 14001NY08/00Rev.04/13
n ww.compliancesource.com ©2000-2013,The Compliance Source,Inc.
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020
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If Lender receivesa payment from me fora latePeriodicPayment which includes amount
a sullicient to
pay any latecharge due, the payment
may be appliedto the late Periodic
Payment and the late
charge. Ifmore than
one Periodic Payment is due,Lender may apply any payment receivedfrom me: First,tothe repayment of the
Poriodic Payments thatare dueif,and tothe extentthat,each payment canbe paid infull;Next,to the extent
that
any excess existsafterthepayment is applied
to thefullpayment of one ormore PeriodicPayments, such excess
may be appliedto any late charges
due.
Voluntary prepayrnonts willbe appliedas follows: First,to any prepayment charges;and Next, as
describedin the Note.
Any applicationofpayments, Insurance Proceeds,or Miscellaneous Proceeds toprincipaldue under the
Note willnot extendor postponethe due date of
the Periodic
Payments or change the amountof those payments.
3. Monthly Payments For Taxes And Insurance.
(a) Borrower's Obligations. 1 willpay to Lender allamounts necessaryto pay fortaxes,assessments,
water charges,sewerrentsand othersimilarcharges,ground leaseholdpayments or rents (if
any),hazardor property
insurancecovering the Property,
flood insurance(ifany),and any requiredMortgage Insurance,or a LossReserve
as describedin Section10 in the place
of Mortgage Insurance.Each PeriodicPayment willincludean amount to be
applied Items:"
toward payment of the following
items which are called
"Escrow
(1) The taxes,assessments,watercharges, sewer rentsand othersimilarcharges,on the Propei1ywhich
under ApplicableLaw may be superiorto this
SecurityInstrumentas a Lien on theProperty.Any claim,
demand or chargethatis made againstpropertybecause an obligation
has not beenfulfilled
is known as a
"Lien;"
(2) The leascholdpayments or groundrentson the Property(if
any);
(3) The premium forany and all
insurancerequiredby Lender under Section5 ofthisSecurityInstrument;
(4) The premium forMortgage Insurance(ifany);
(5) The amount I may be requiredto pay Lender under Section10 of thisSecurityInstrumentinsteadof
the payment of thepremium forMortgage insurance(ifany);and
(6) required
If by Lender,the amount forany Community AssociationDues,Fees, and Assessments.
Aftersigningthe Note,or at anytimeduring itsterm,Lender may includethese amounts as Escmw Items.
The monthly payment I willmake forEscrow items willbe based on Lender's estimateof theannual amount
required.
I will
pay allofthese amounts to Lenderunless Lender rne, in writing,
tells thatI do nothave to do so, or
unlessApplicable Law otherwise.
requires I willmake these paymentson the same day thatmy PeriodicPayments
of principal
and are due under
intercst the Note.
Funds."
The amounts thatI pay to LenderforEscrow Items under thisSection3 willbe called"Escrow I
willpay Lender the Escrow Funds for Escrow Items unlessLender waives my obligation
to pay theEscrow Funds
forany or allEscrow Iterns.Lender may waive my obligation
to payto Lender Escrow Funds forany or all
Escrow
Items at anytime.Any such waiver must be inwriting. inthe eventof suchwaiver, 1 will
pay when
directly, and
where payable,the amounts due forany Escrow Items forwhich payment of Escrow Funds has beenwaived by
Lender and.if Lender requires,willpromptly send to Leader receiptsshoiving such payment within such time
period as Lendermay require.My obligationtomake such payments and to provide
receiptswillbe consideredto
agreements"
be a promiscand agreement contained in this
SecurityInstrument, "promises
as the phrase and is used
in Section9 ofthisSecurityInstrument. If1 am obligatedtopay Escrow Items pursuant
directly, to a waiver,
and I
failto pay theamount due foran Escrow Item,Lender may pay that amount and I willthen be obligatedunder
Section9 of thisSecurityInstrument torepay to Lender. Lender may revoke thewaiver
Preview
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 CI2020-14350 Index # : EF2020-0162 EXHIBIT “J” FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 CI2020-14350 Index #: EF2020-0162 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS BARBARA U. COLLYER, and the FRANK F. and BARBARA U. COLLYER, IllREVOCABLE INTER RESPONSE TO VIVOS TRUST, NOTICE TO PRODUCE Plaintiffs, /ndex No. EF2020-0162 vs. DANIELLE M. LAVIGNE, NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, CFCU COMMUNITY CREDIT UNION, and the TOWN OF LANSING, NEW YORK, Defendants. Defendant, CFCU COMMUNITY CREDIT UNION (hereinafter "CFCU"), by its attorneys, Coughlin & Gerhart, LLP, as a for a response to the Notice To Produce of the defendant, NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, dated August 17, 2020, sets forth the following: DOCUMENTS AND/OR THINGS DEMANDED "A" 1. Attached hereto as Exhibit please find the following documents a. Short Form Mortgage dated October 28, 2013 executed Danielle M. LaVigne; b. Mortgage dated October 28, 2013 executed by Danielle M. LaVigne; c. Note executed by Danielle LaVigne to CFCU dated October 28, 2013 in the amount of $120,000 plus interest; d. Letter from The Lama Law Firm to Eliza S. Mulhern, Esq. (Counsel for CFCU) dated June 26, 2019; 1 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Cl2020-14350 Index #: EF2020-0162 e. Screenshot of the account of Danielle A. LaVigne setting forth amounts due and phone conversations with Ms. LaVigne; f. Blank Mortgage Assistance Application; g. Account history for the period of 08-01-2013 to 09-01-2020; "B" 2. Attached hereto as Exhibit please find copies of the following correspondence: a. Letter from CFCU to Danielle LaVigne dated August 14, 2019 advising of delinquent amount of $1,490.96; b. Letter from CFCU to Danielle LaVigne advising of current balance on loan in the amount of $108,833.27; c. Emails between Mark S. Gorgos, Esq. and Marco Cercone, Esq., for the period of October 29, 2019 to February 13, 2020; d. Email dated March 29, 2019 from Eileen Joyce (NYCM) to Larkin Insurance; e. Letter from Eliza S. Mulhern, Esq. to NYCM dated June 12, 2019; and f. Letter from Marco Cercone, Esq. to Eliza S. Mulhern, Esq. dated July 16, 2019. PLEASE TAKE NOTICE, that defendant's responses to the demands made by New York Central Mutual Fire Insurance Company are based upon the presently available level of information in defendant's possession and defendant will provide further information requested upon completion of disclosure and by service of an amended and/or supplemental Response. 2 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Cl2020-14350 Index #: EF2020-0162 PLEASE TAKE FURTHER NOTICE, that defendant reserves its right to amend and/or supplement this document without Court leave prior to trial. Dated: Binghamton, New York August 26, 2020 Rachel A. Abbott, Esq. COUGHLIN & GERHART, LLP Attorneys for Defendant CFCU Community Credit Union PO Box 2039 Binghamton, New York 13902-2039 Tel: (607) 723-9511 TO: Marco Cercone, Esq. Shawn P. Byrns, Esq. Rupp, Baase, Pfalzgraf, Cunningham, LLC Attorneys for Defendant, New York Central Mutual Fire Insurance Co. 1600 Liberty Building Buffalo, New York 14202 Tel. 716-854-3400 cc: Peter J. Walsh, Esq. True, Walsh & Sokoni, L.L.P. Attorneys for Plaintiffs South HillBusiness Campus 950 Danby Road, Suite 310 Ithaca, New York 14850 Tel.: (607) 273-2301 Luciano L. Lama, Esq. The Lama Law Firm, L.L.P. Attorneys for Defendant, Danielle M. LaVigne 2343 North Triphammer Road Ithaca, New York 14850 Tel. (607) 275-3425 Guy K. Krogh, Esq. Thaler & Thaler Attorneys for Defendant, Town of Lansing 309 North Tioga Street Ithaca, New York 14851 Tel. (607) 272-2314 3 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 CI2020-14350 Index #: EF2020-0162 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Index #: EF2020-0162 Cl2020-14350 After recording pleasemail to: CFCU Ce===r.ity CreditUnion 1030 Craft Road Ithaca,NY 14850 ____--f Space Above ThisLineFor Recording Datal-- Loan Origination Company NMLS Iderdincr:299582 Loan OriginatorNMLS Unique Iderdinêr:335528 Loan No,:147385 MORTGAGE WORDS USED OFTEN IN THIS DOCUMENT Instrument." (A) "Security Thisdocument, which is datedOctober 28, 2013,togetherwith all Riders to this be called instrument." document, will the "Security "Borrower" (B) is Danielle M. Lavigne, whose addressis 1278 Ridge Road, Lansing, NY 14882 sometimes willbe called"Borrower" "I" "me." and sometimes simply or "Lender." "Lender." corporation or (C) CFCU Community Credit Union will be called Lender isa associationwhich exists under the lawsofNew York. Lender'saddressis 1030 CraftRoad,Ithaca,NY 14850. "Note," "Note." (D) The note signedby Borrower and datedOctober 28, 2013, willbe calledthe The Note shows thatI owe Lender One Hundred Twenty Thousand and 00/100tlisDollars(U.S.$120,000.00) plusinterest and otheramounts thatmay be payable. 1 havepromised to paythisdebt in Periodic Payments and to paythe debt infullby November 1, 2043. "Property." Property," (E) The propertythatis describedbelow in the section titled"Descriptionof the will "Property." be calledthe "Loan." "Loan" (F) The means the debtevidenced by the Note,plusinterest, any prepayment chargesand late chargesdue under the Note,and all sums due under thisSecurityInstrument,plusinterest. "Sums Secured." The amounts describedbelow in thesectiontitled"Borrower'sTransfer to Lender of (G) Secured." Rights in the Property" sometimes willbe called the "Sums New York Mortgage-Single Family-Fannie Mae/Freddie Mac Uniform lecruürd Form3033 1/01 The Compliance Source, Inc. Page 1 of 16 1400tNY 08/00Rev.04/13 www.compliancesource.com ©2000-2013,The Compliance Source,Inc. lllllllOlOllll||lllllillllillOllll * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Cl2020-14350 Index #: EF2020-0162 "Riders," AllRiders (H) attached tothis SecurityInstrumentthat are signedby Borrower will be called " "Riders The followingRiders are to be signed by Borrower {check box as applicable]: AdjustableRate Rider O Condominium Rider Second Home Rider Balloon Rider O Planned UnitDevelopment Rider O Biweekly Payment Rider l-4 FamilyRider O Revocable TrustRider Other(s)[specify) "Applicable Law." All applicable (1) controlling state and local federal, ordinances regulations, statutes, and administrativerulesand orders(thathave the effect of law)as wellas allapplicablefinal, judicial non-appealable, opinionswillbe called"ApplicableLaw." Association and Assessments." assessments and othercharges (J) "Community Dues, Fees, All dues,fees, thatare imposed on Borrower orthe Property by a condominium homeowners association, associationorsimilar organizationwillbe called " "Community AssociationDues, Fees, and Assessments "Electronic Funds Transfer." Transfer" (K) "ElectronicFunds means any transferofmoney, other thanby check, or draft, similarpaper instrument,which is initiated throughan electronicterminal,telephonicinstrument, computer, ormagnetic tape so as to order, or instruct, authorizea financial to debit institution an account. or credit Some common examples ofan ElectronicFunds Transferare point-of-sale (where transfers a cardsuch as an asset or debit card is used at a merchant), automated tellermachine (orATM) transfers transactions, initiated by telephone,wire and automated transfers, clearinghousetransfers. Items." Items." (L) "Eserow Those itemsthatare describedin Section 3 willbe called"Escrow Proceeds." Proceeds" award (M) "Miscellaneous "Miscellaneous means any compensation, settlement, of damages, or proceeds paidby any thirdparty (otherthanInsuranceProceeds paid under the coveragedescribedin Section 5) for: damage (i) to, or destruction of,the Property; (ii)Condemnation orothertakingof all or any partof the Property; conveyance (iii) inlieuofCondemnation or sale to avoid Condemnation; misrepresentations or (iv) of, or omissions as to,the value and/orcondition of theProperty. A takingof the Propertyby any governmental "Condemnation." authorityby eminentdomain is known as Insurance." Insurance" the (N) "Mortgage "Mortgage means insurance protectingLender against nonpayment of,or default on, the Loan. "Periodic Payment." The scheduled amount due for principaland under interest the (0) regularly (i) Note, Payment." and (ii) any amounts under Section3 willbe called"Periodic "RESPA." "RESPA" (P) means theReal EstateSettlement ProceduresAct (12 U.S.C. §260I et seq.) and its implementing regulation,RegulationX (12CER. Part1024),as they mightbe amended from time to time, or any additionalor successorlegislationor regulationthatgoverns the same subject matter.As used inthisSecurity "RESPA" Instrument, referstoallrequirements and that restrictions areimposed in regardtoa "federallyrelated loan" loan" mortgage evenif the Loandoes notqualifyasa related "federally mortgage underRESPA. BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage,grant and convey theProperty toLender subjectto the terms of thisSecurityInstrument. Thismeans that,by signingthisSecurityInstrument,I am givingLeader those rightsthatarestatedin this SecurityInstrument New York Mortgage-Single Family-Fann ie Mac/Freddie Mac Uniform Instrument Form 3033 1/01 Th e Compliance Source, Inc. I'age l of 16 14001NY08/00Rev.04/13 www.compliancesource.com ©2000-2013,The Compliance Source, Inc. H1111ll|l|111101111ll1111111111M111 * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Index #: EF2020-0162 C12020-14350 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 if I fail result to: (A) Pay allthe amounts thatI owe Lenderas statedin the Note but not including, limitedto, all renewals, extensionsand modificationsof the Note; (B) Pay, withinterest, any amounts thatLender spends under this SecurityInstrument the to protect value of the Property and Lender'srightsin the Property; and (C) Keep allof my otherpromises and agreementsunder this Security Instrumentand the Note, DESCRIPTION OF THE PROPERTY I giveLenderrightsin the Property describedin (A)through (G)below: (A) The Propertywhich is located at 25 SperryLane [Street] Lansing , New York 14882 ("PropertyAddress"). Town [City, or Village] [ZipCode] This Propertyis in Tompkins County. legal It has the following descriptionti See attached Schedule A (B) AJI buildingsand otherimprovements thatare locatedon thePropertydescribed in subsection (A) of this section; (C) All rightsin otherpropertythat I haveas owner of theProperty describedin subsection(A) ofthis Property;" section. These rightsare known as "easementsand appurtenancesattachedto the (D) All rightsthatI havein theland which liesin the streetsorroads in front of,or nextto, the Property describedin subsection(A)of this section; (E) All fixturesthatare now or in will the future be on the Propertydescribedin subsections (A) and (B) of this section; (F) All ofthe rightsand propertydescribedinsubsections(B) through (E)of this sectionthatl acquirein the future; and (G) All replacements of or additionsto the Propertydescribed in subsections(B) through (F) ofthis sectionand allInsurance Proceeds forlossor damage to,and Miscellaneous all Proceeds ofthe Property describedin subsections(A)through (F) of thissection. New York Mortgage-Single Family-Fanate Mae|Vreddie Mac Uniform Instrument Form 3033 Ñ01 The Compilance Source, Inc. Page3 of 16 14001NY08/00 Rev.04/13 www.compliancesource.com O2000-2013,The Ce•=pHameSource, Inc, 1111 I Ill lilll#1111|lli II * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Index #: EF2020-0162 Cl2020-14350 BORROWER'S RIG.HT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSH1POF TH.E PROPERTY I promisethat: (A)I lawfullyown the Property; (B)I havethe rightto mortgage,grantand convey the Propenyto 1.ender;and (C)thereare no outstanding claims or charges againstthe Property, except forthosewhich are of public record. [ givea generalwarrantyof title to Lender.This means thatI willbe fully responsibleforany losseswhich Lender suffersbecause someone otherthan myselfhas some of the rightsinthe Propertywhich 1 promise thatIbave. I promise that1 will defend my ownership of the Property againslany claimsof such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This SecurityInstrument containspromises and agreements thatareused in realpropertysecurityinstrumentsall over thecountry. Italso containsotherpromises and agreements that varyin parts different of thecountry. My promises language." and agreementsare stated in "plain COVENANTS I promise and 1 agree with Lender as follows: L Borrower's Promise to Pay. I will pay to Lender on time principal due and interest under the Note and any prepayment, latecharges and otheramounts due underthe Note. 1 willalsopay allumounts forEscrow Items under Section3 of this SecurityInstrument. Payments due under the Noteand thisSecurityInstrument shallbe made in UsS. currency.Ifany of my payments by check or other payment instrumentis returned to Lender unpaid,Lender may requiremy payment be made by: (a) cash; (b) money order;(c) certified check,bank check, check treasurer's or cashier'scheck,drawn upon an institution whose depositsare insured by a federal agency, instrumentality, or (d) or entity; Electronic Funds Transfer. Payments are deemed receivedby Lender when receivedat thelocationrequiredinthe Note,or at another locationdesignated by Lender under Section15 of thisSecurity Instrument. Lender may returnor acceptany payment or partial payment ifitis foran amount thatis less than theamount thatis thendue. If Lenderaccepts a lesserpayment, Lender may refuseto accepta lesser paymentthat1 maymake in the future and does not waiveany of itsrights.Lender is notobligatedtoapply such lesserpayments when it accepts such payments. Ifinterest on principalaccrues as ifall PeriodicPayments had been paid when due, then Lender need not pay on interest unapplied funds. Lender may hold such unappliedfunds untilImake payments tobring the Loan current.If1 do not do so within a reasonableperiod oftime,Lender willeitherapply suchfunds them or return to me. In the event of foreclosure,any unapplied funds will be appliedto the outstanding principalbalanceimmediately priorto foreclosure.No offsetor claimwhich I mighthave now or in thefuture againstLender willrelieveme from making payments due under theNote and thisSecurityInstrument orkeeping allofmy otherpromises and agreements secured by this SecurityInstrument. 2. Application of Borrower's Payments and Insurance Proceeds, Unless Applicable Law orthis Section2 requiresotherwise,Lender willapplyeach ofmy payments thatLender acceptsinthefollowingorder: to pay First, interest due underthe Note; Next, due to pay principal under the Note; and Next, to paythe amountsdue Lender underSection 3 of this SecurityInstrument, Such payments willbe appliedto each Periodic Payment in the order in whichit becamedue. Any remaining amounts willbe appliedas follows: to pay First, any late charges; Next,to pay anyother amounts due underthisSecurityInstrument;and Next,to reduce balance the principa| of the Note. New York Martgage-Single Family-Fannic Mae/Freddie Mac Uniform Instrument Form 3033 1/01 The Compliance Source, Inc. Page4 or J6 14001NY08/00Rev.04/13 n ww.compliancesource.com ©2000-2013,The Compliance Source,Inc. llllllllllllllllllllilllllllllllllllll| * 1 4 7 3 8 5 * FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/12/2020 Cl2020-14350 Index #: EF2020-0162 If Lender receivesa payment from me fora latePeriodicPayment which includes amount a sullicient to pay any latecharge due, the payment may be appliedto the late Periodic Payment and the late charge. Ifmore than one Periodic Payment is due,Lender may apply any payment receivedfrom me: First,tothe repayment of the Poriodic Payments thatare dueif,and tothe extentthat,each payment canbe paid infull;Next,to the extent that any excess existsafterthepayment is applied to thefullpayment of one ormore PeriodicPayments, such excess may be appliedto any late charges due. Voluntary prepayrnonts willbe appliedas follows: First,to any prepayment charges;and Next, as describedin the Note. Any applicationofpayments, Insurance Proceeds,or Miscellaneous Proceeds toprincipaldue under the Note willnot extendor postponethe due date of the Periodic Payments or change the amountof those payments. 3. Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations. 1 willpay to Lender allamounts necessaryto pay fortaxes,assessments, water charges,sewerrentsand othersimilarcharges,ground leaseholdpayments or rents (if any),hazardor property insurancecovering the Property, flood insurance(ifany),and any requiredMortgage Insurance,or a LossReserve as describedin Section10 in the place of Mortgage Insurance.Each PeriodicPayment willincludean amount to be applied Items:" toward payment of the following items which are called "Escrow (1) The taxes,assessments,watercharges, sewer rentsand othersimilarcharges,on the Propei1ywhich under ApplicableLaw may be superiorto this SecurityInstrumentas a Lien on theProperty.Any claim, demand or chargethatis made againstpropertybecause an obligation has not beenfulfilled is known as a "Lien;" (2) The leascholdpayments or groundrentson the Property(if any); (3) The premium forany and all insurancerequiredby Lender under Section5 ofthisSecurityInstrument; (4) The premium forMortgage Insurance(ifany); (5) The amount I may be requiredto pay Lender under Section10 of thisSecurityInstrumentinsteadof the payment of thepremium forMortgage insurance(ifany);and (6) required If by Lender,the amount forany Community AssociationDues,Fees, and Assessments. Aftersigningthe Note,or at anytimeduring itsterm,Lender may includethese amounts as Escmw Items. The monthly payment I willmake forEscrow items willbe based on Lender's estimateof theannual amount required. I will pay allofthese amounts to Lenderunless Lender rne, in writing, tells thatI do nothave to do so, or unlessApplicable Law otherwise. requires I willmake these paymentson the same day thatmy PeriodicPayments of principal and are due under intercst the Note. Funds." The amounts thatI pay to LenderforEscrow Items under thisSection3 willbe called"Escrow I willpay Lender the Escrow Funds for Escrow Items unlessLender waives my obligation to pay theEscrow Funds forany or allEscrow Iterns.Lender may waive my obligation to payto Lender Escrow Funds forany or all Escrow Items at anytime.Any such waiver must be inwriting. inthe eventof suchwaiver, 1 will pay when directly, and where payable,the amounts due forany Escrow Items forwhich payment of Escrow Funds has beenwaived by Lender and.if Lender requires,willpromptly send to Leader receiptsshoiving such payment within such time period as Lendermay require.My obligationtomake such payments and to provide receiptswillbe consideredto agreements" be a promiscand agreement contained in this SecurityInstrument, "promises as the phrase and is used in Section9 ofthisSecurityInstrument. If1 am obligatedtopay Escrow Items pursuant directly, to a waiver, and I failto pay theamount due foran Escrow Item,Lender may pay that amount and I willthen be obligatedunder Section9 of thisSecurityInstrument torepay to Lender. Lender may revoke thewaiver