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  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
  • In The Matter Of The Application Of The County Of Dutchess v. For An Order Pursuant To Article 4 Of The Eminent Domain Procedure Law To Obtain Authorization To File Acquisition Map To Acquire Real Property Interests In Certain Real Property Owned By Gloria B. Chambers , In Connection with the Bridge C-29 (BIN 3342860) Replacement ProjectReal Property - Condemnation document preview
						
                                

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FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 EXHIBIT B FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 Dutchess County Clerk Recording Page mm To : Date Recorded ' 04/13/2009 Eme Recorded : 2:4610 M&T BANK PO BOX 4613 Document # : 01 2009 2957 BUFFALO, NY 14240- Received From : MCDONALD & MMBALL Mortgagor : CHAMBERS GLORIA B Mortgagee ' M&T BANK Recorded In: Mortgage Tax District : Clinton Insbument Type : REVERSE Examined and Charged As Follows : Recording Charge : $100 OD Number of Pager: 11 Mortgage Amount : 30 0 . ** Do Not Detach This Page Mortgage Type : No Tax / Serial *" This la Not A BE Mortgage Tax County : 50.00 Total Tax : 50.00 Serial Number "DA294 AfAdavit : Y County Clerk By : ace / Receipt #. R18522 Estch Record . - B15 FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 ....... ... ... .. . . . ........ m... EEVERSE MORTGA E.... .. ... . .. . ......-.. ¬. .......,... ME·ENTY COMMO Record and Returnto: M&T Bank P.O. Box 4613 . Buffalo,NY 14240 . Prepared By: M&T Bank 313 Ushers Road BallstonLake, NY 12019- .. ....- ..-...... ..-...,.,... -. .. .,, .... .. .. .- . .......... ....... .. .. . ... ... ..... FHA Case Number: 371-3926557. 952-255 12971354 stateorNewYork ADJUSTABLERATEREVERSEMORTGAGE THIS MORTGAGE ("SecurityInstrument")is givenon April06, 2009.The mortgagor is GloriaB Chambers, whose address is 1539 Hollow Road, Clinton Corners.,NY 12514 ('!Borrower").This Instrument is giventoM & T Security Bank, which is organizedand existingunder thelaws of NEW YORK,. and whose address is One Fountain Plaza - 6th Moor, Bumdo, NY 14203 ("Lender"). Borrower has agreed to repay toLeader amounts which Leader is ebligatedto advance, includingfuture advances,under the terms of a Home Equity Conversion Loan Agreement datedthe same date as this SecurityInstrumet ("Loan Agreement"). The agreement to repayis evidenced by Borrowers Note datedthe same date as this Security Instrmnent.("Note"). This SecurityInstrument securesto Lender:(a) therepayment of the debtevidaced the Note, all by including futureadvances, with at a rate subject interest to adjustment, and allrenewals,extensionsand modincationsof the Note,up to a maximum principal amount of FourHundred Sixty-Mve Thousand and 06/100 Dollars (U.S.$465,000.00);(b) the paymentof all othersums, with advanced interest, under Paragraph 5 to protect the of this Instrumentor otherwisedue security Security under the termsof this SecurityInstmment; and (c)the performance ofBorrower's covenants and agreements under this Instrumet Security and the Note. The full debt,inchidingallamounts describedin(a),(b),and (c) ifnot paid isdue above, earlier, and payableon August 23, 2980. For thispmpose, Borrower does hereby mortgage, grantand to with power of convey Leader, sale,thefollowing describedpropertylocatedin DutchessCounty, New York, which bas the address of: 1539 Hollow Road, CIfnton Corners, NY, 12514, and is described more on ExhibitA attached fully to and herebyincorporated intothis Mortgage("PropertyAddress"). TOGETHER WITH aH the improvements now or henalterelectedon the property, and alleasements,rights, and appurtenances, Extures now or hereafter a partof the property. Allreplacements and additions shallalso be coveredby thisSecurityInstrument. All of the foregoing is referred to in this "Property." SecurityInstrmnentas the BORROWER COVENANTS thatBarrower is lawfully seised ofthe estate hereby conveyed and has the right to mortgage,grant and convey the Property and thatthe Propertyisunencumbered. Berrower wanants and willdefend generallythe title to the Propertyagainstallclaimsand demands, subjectto any encumbrancesof record. CREDIT LINE MORTGAGE · This SecurityInstrument securesthedebt describedin the Note and Loan SecurityInstrument, Agreement and contemplatesa seriesof advanceswhich willbe advanced from tiinetotime fmm and after the dateof thisSecurityInstnunentnotto exceed in the aggregateat any one time themaximum priticipal amount stated in the Security Instrument,the Noteand the Agreement TFHS SECURITY INSTRUMENT combines uniform covenants for nationaluse and with· non-uniform covenants limited New Yorkl"' Mortgage Page1 FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 . SCHEDULE C PROPERTY DESCRIPTION File Number 200820544 The land referred to lnthisCommitment is descgibed as follows: PARCEL 1 ALL THAT TRACT OR PARCEL OF LAND situate on the north side of the West Hibemia Road in Town of the Clinton, County of Dutchess, State of New York, bounded and described as follows: Beginning at a pointon the north side of the West Hibemia Road, said point on the fenced division linebetween being lands of WilliamBudd reputed owner on the west and the lands to be conveyed on the east, said point also 45.5 being feetdistant northeasterly fmm the north top center and 54.3 feet distant from the south comer of the face of-the northeasterly top east .abutment of a bridge on the above mentioned road; . :14°40' Thence North East, -175,9 feetalong the said dMsion linebetween William Budd reputed owner on the west ancithe lands to be conveyed on the east to a stump and stake; _ 63° 10' Thence South East, 272.3 feet toapoint on a rock; 23° 50' Thence South West..179.5 feet to is point inthe center of the above mentioned West plibemia I last osd, mentioned course running 11.6 feet east imm the center ofan elm tree located on the north side of the said road; 65° 49' Thence North West, 231.1 feet the center lineof the said road to a point; along 14° 14' Thence North West, 20.0 feet tothe pointor place of beginning. PARCEL 2 ALL THAT CERTAIN LOT OR PARCEL OF LAND situate, and situate at Clinton lying being Comers in the Township of Clinton,County of Dutchess and State of New York, more bounded and described as follows: particularly Beginning at a point inthe easterly line of land now or of Beck where the same is formerly intersected by the dividing line between land now or formerly of theparties of the second partand the paricalherein being conveyed; Thence mnning from said point of beginning said line of land now or of 3° 24' along easterly formerly Beck, North East, 102.35 feet toa point and an ironpin set inthe ground; Thence leaving said easterly line of land now or of Beck and through formerly running other land of the parties of the tirst 74° 28' part,South East, 224.12 feet toa point and an imn pin set in theground; 50° 16' Thence South East, 72.32 feet toa point and an ironpin set inthe ground; 12° 32' Thence South West, 70.48 feet toa point and land now or of the formerly parties of the second past atxwe redened to; Thence running along the said line ofland now or of the parties of 74° 28' northerly formerly the second part,North 272.30 West, feet tothe point and place ofbeginning. .. Town/CityNillage: Clinton County: Dutobess Section -Block- Lot 6560-00-241321 ALTA ShortForm Residential Loan Policy se1minie c FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 variations by jurisdiction to constitute a aniform instrument security real property. covering UNIFORM COVENANTS. Barrower and Leader covenantand agree as follows: L Payment ofPrincipal and Interest Bermwor shall when due the principal pay of, andinterest on, the debt evidenced by the Note. 1 Payment of Property Charges. Borrower shallpay aH pmperty charges of ground consisting taxes, rents,floodand hazard insurancepremiums, and specialassessmentsin a timely manner, and shallprovideevidence of paymentto Leader,unlessLender pays·pmperty chargesby withholding fundsfrom monthly payments due to the Barroweror by chargingsuch payments to a line of credit as providedforin the LoanAgreement 3. Mre, Nood and Other Hazard Insurance. Barrower shallinsureallimpmvements en the Property, v4ether now in existence or subsequentlyerected,againstanyhazards, and contingencies, fire.This casualties, including insurance shallhe maintainedin the amounts, to the extentand. forthe periods required Leader or the of by Secretary Nonsing and Urban Development ("Secretary").Bonower shallalsoinsureall improvements on theProperty,whether now inexistence orsubsequently erected, againstlossby floodsto the extent requiredby the Secretmy.Allinsurance shallbe carried with companies approved by Leader. Šhe insurancepoliciesand anyrenewals shallbe heldby Lender and shallincludeloss payable clausesin favorof, andin a form acceptableto, Lender. in the eventof loss, Barrower thallgiveLeader.immediate notice mail. Lender make proof by may of loss if notmade pmmptly by Borrower. Each insurancecompany concemed is herebyauthorizedand to directed make payment forsuch Ices toLeader, insteadof to Borrowerand Leader jointly. Insuranceproceeds shallbe appliedto restoration or repair of the damaged Propertyif the restorationorrepair iseconomi::allyfeasibleand hadws -isnot lessened. If the security restorationor repairis not economically feasible or Lend#s securitywonid be lessened, the insuranceproceedsshallbe appliedfirst to the reduction ofany indebtednessunder a Second Noteand Second SecurityInstrumentheld the on the Property and then to the reduction by Secretary of the indebtedness ander the Noteand this Instrument excessinsuranceproceeds Security Any over an anNunt requiredto pay alloutstandingindebtednessumder the Note and this Instrumentshallbe paidto the tntity Security legallyentitled thereto. In the event of foreclosureof this Seemity Instrumentor othertransferoftitle to the Property thatextinguishesthe indebtedness, all right, title and interest of Berrowerin and to insurance policiesin force shallpass to the purchaser. 4. Occupancy, Preservation,Maintenance and Protection of the Borrower's Loan Property; AppHeation; I maseholds. Barrower shalloccupy, and establish, use the as Barrow#s principalresidenceaf ter Property the executionof thisSecurity Instrumentand Borrower (or at least one Borrower,if more initially than one personare Borrowers)shallcontinueto occupy the Property as Borrower'sprincipalresidenceforthe term ofthe Instrumenti residence" ''Principal Security shallhave the same meaning as in the Loan Agreement Bòrrower shallnot cormnitwaste or destroy,damage or cha®ge the ce allow substantially Property thePmperty todeteriorate, reasonablewear and tear excepted. Berrower shallalsobe in defaultifBorrower, during theloan applicatim process,gave false materially or inaccurateinformationcr statements to Leader (orfailedto provideLeader with any material in information) connecdce withthe loanevidenced by the Note, including,but notlimitedto,.representations concerning Borrower'soccupancy of as'a the-Property principaFresideneerIfthisSeceity Instannent is·ona ·leaseholds Barrower shallcomply with theprovisiensof the lease. IfBorrower acquiresfee title to the Property, the leasehold and fee title shall not be merged unlessLeader agreesto the ·mergerin writing... . . .... .. ...w 5. Charges to Barrower and Protection of Lendefs Rights in the Property. Borrower shallpay allgovernmental or municipal charges,finesand impositionsthatare not. included inParagraph 2..Barrower shallpay these obligationson time to the directly entitywhich is owed the payment Iffailureto paywould affect adversely Lender'sinterest in theProperty,upon Lendws requestBomiwer shallpromptly furnish to Leader receipts these evidencing payrnents. Barrower shall discharge promptly any lienwhich has priority over thisSecurityInstmment in the mannerprovidedin Pamgraph 12(c). New York 18Mortgage Page2 FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 If Borrowerfidisto makethese payments or the property charges requiredby Paragraph2, crfailsto performany othercovenants and agreements containedinthis or there is a legal SecurityInstrument, proceedingthat may affectLender's the significandy rightsin Property(suchas a proceedingin bankruptcy,forcademnation or toenforce or regulations), laws then Leader do and- whatever is necessary may pay to protect the valueof thePropertyand Lender'srightsinthe Propaty, includingpayment oftaxes, hazardinsuranceand otheritems mentioned in Paragraph 2. To protectLeader'ssecurityin the Property, Lender shalladvanceand charge to Borrowerall amountsdue to the forthe Mortgage Secretary InsurancePremium ("MIP") as defmed in the Loan Agreement as wellas all sums due to the loanservicer forservicing activities ("ServicingFee")as defined inthe Loan Agreement. amounts Any disbursedby Leader under thisParagraph shall becane an additional debt ofBarrower as providedfor inthe loanAgreement and shallbe securedby this Security Instrument 6, Inspection. Leader cr itsagent enter on,inspector make appraisals of may the Propertyin a reasonablemanner and at reasonable4imes providedthatLender shallgivethe Borrower noticepriorto anyinspectionor appraisal specifyinga purposefor the irispection or appraisal which must be related to Lender'sinterest in the Property. Ifthe Property is vacantor abandonedor the Icon isin defaulty Leader may>takereasonable.action-to protectand-preserve-such-vacant or-abandoned without noticeto-. the Barrower. . Property . . . 7. Condemnation. The proceeds of award cr claim for any damages, direeror consequential,inconnection with or other any condemnation, takin!of any partof the Propaty,or forconveyance in placeof condemnation shallbe paidto Letider. The proceeds-shallbe appliedfirst to thereductionof indebtedness any under theSecond Note and Second Instrument held Security by theSecretaryon theProperty,and thento the reduction ofthe indebtednessunder the Noteand thisSecurityInstrumat. Any excessproceeds overan amount requiredto all indebtedness pay outstanding under.theNote and this Instrument shallbe paidto the entity Security entitled legally thereto. 8. Fees. Lendermay collect fees and charges authorizedby the Secretary. 9. Grounds forAcceleration ofDebt. (a) Due and Payable. Lender may requireimmediate payment in thll of allsurns secured by thisSecurityInstrumentift (i)A Barrower diesand the Propertyis not the principal residenceof at least one surviving Borrower; or (i0All of a Borrower's title in the Property (or hisor her beneficial interest in a trust owning allor part of the Property) is sold or otherwise transferredand no otherBorrowerretains(a) title to the Property in fee simple, (b)a leaseholdunder a leasefornot lessthan 99 yearswhich is renewableor a lease having a ranaining periodof notless than50 years beyond thedate of the 100th of theyoungest or birthday Borrower, (c) a life estatein the (or retainsa beneficial Property interestin a trust with such an -interest in the Property). (b) Due and Payable with ApprovnL Lender Secretary may require immediate payment in fullofallsums securedby this SecurityInstrument,upon approvalby an authorized of representative the Secretary, it: (i)'thePropertyceases tobe the principal residenceof a Barrower forreasonsotherthan deathand the Property is not the principal residenceof at least one other Borrower, or For (ii) a periodof longer than twelve consecutive a (12) nNnths, Barrower failsto physically the of physical occupy Property because or mentalillnessand the Property is not the principal residenceof at least one other Borrower, cr (iii) An obligationof the Barrowerunder this Instrument is not performed. Secmity (c)Notice toKander. Berrower shall Inder whenever Dctify any ofthe events in listed subparagraphsParagmph and (b) occur. 9(a)(ii) (d)Notice to Secretary and-Borrower. Leader shall the Secretary notify and Borrower whenever the loan becomes due and payable under.Paragraph and (b).Leader shallnot have the 9(a)(ii) rightto conunence foreclosure untilBorrower has had thirty (30)days afternoticero either: New York !" Mertgage Page3 FILED: DUTCHESS COUNTY CLERK 01/17/2023 11:06 AM INDEX NO. 2022-54027 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/17/2023 .. Correctthe matter.which-resultedin.the-Securitylnstrmnent (i) coming dae and payable;or,.....-, .... ..,.....-.. .. ..-.. .. (ii) Pay ïhe battinc(iii IBHid (iii)Sellthe Propertyforthe lesser of me balance or 95% ofthe appraisedvalue and the net proceedsof thesale apply towardthe balance;or (iv) Providethe Leaderwith a deed in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower'sinterestinthe Propertyto a trust which meets therequirements of the. Secretary, or conveyance of a trustsinterests in theProperty to a Bormwer, not sliall be considered a conveyance for pmposes of this Paragraph 9.A trust shallnotbe considered an occupantor be considered as having a principal residenceforpmposes ofthis Paragraph9. (1) MortgageNot Insured. Borrower agees thatshould aisSenurityInstomwnt and me Note notbe eligible forinsuranceunder the NationalHousingAct within eight(8) monthsfrom &e date hereofIander may, at its eption, requireimmediatepayment infullof allsums secured by thisSecurityInstrument. A writtenstatement of aWhorized agentof the any dated Secretary subsequentto eight (8) months from thedatehereoC decliningto insure thisSecurityInstrumentand the Note,shall be deemed conclusiveproofof such ineligibility. Notwithstanding the foregoing, thisoptioninay not be exercised Leader when the by ofinsurance unavailability is solely due to Leader's failure to.remita mortgageinsurancepremium to the Secretary.. . . 10. No DeficiencyJudgments. Borrower shallhave no personal for liability paymat of thedebt secured this by Security Instrument. Leadermay enforcetliedebtonly through-sale of the Property.Leader shall not be permittedto obtaina deficiency judgment againstBorrower ifthe SecurityInstrumentis foreclosed. IfthisSecurityInstrument.isassignedto theSecretaryupon demand by the Secretary, Barrower shall not be liable forany differencebetween the mortgage insurancebenefits paid to Leader . and the outstanding indebtedness, includingaccrued owed interest, by Barrower at-the time of the assigmnent. 11L Reinstatement. Borrower has a right to if be reinstated lander has requiredimmediate payment in fulL Thisrightapplies even af ter foreclosure proceedingsare instituted. To reinstage this Security Instnanent,Barrower shallcorrectthe condition which resultedinthe requirementfor immediate payment in fuit Foreclosurecostsand reasonable and attorneys' customary fees and expenses properlyassociatedwith a foreclosure proceeding shallbe added to theprincipalbalance. Upon reinslatementby Borrower, thisSecurity Inistrumentand the obligationsthatitsecures shallremain in effectas if Leader had not required immediate payment in full. However, Lender is not required to permitreinstatement Lender