Preview
FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
----------------------- --:
BRIAN C. PRUSIK,
Plaintiff NOTICE TO ADMIT
vs.
LIBERTY MUTUAL INSURANCE GROUP INC.,
and Index No.: 8588/2018
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants.
PLEASE TAKE NOTICE that pursuant to NY CPLR §3123, Defendant Geddes Federal
Savings and Loan Association hereby demands that within 20 days after service of this notice
upon you, that Plaintiff Brian C. Prusik, admit the truth of the following matters of fact or admit
the genuineness of any papers or documents served with this request:
"A"
1. That the Note dated May 12, 2014 and annexed hereto as Exhibit is a true and
accurate copy of the Note executed by plaintiff to Syracuse Securities
Incorporated for the sum of $207, 400.00, and same as referenced in the plaintiff's
Answer to Counterclaims of Defendant Geddes Federal S&L.
"B"
.2 That the Mortgage dated May 12, 2014 and annexed hereto as Exhibit is a
true and accurate copy of the Mortgage executed by plaintiff to Syracuse
" "
Securities Incorporated, to secure the Note at Exhibit and encumbered the
property located at 121 Slosson Road, West Monro , ew ork, and same as
referenced in the plaintiff's Answer to Co im of fendant Geddes
Federal S&L.
Dated: November 2, 2018
D . Mathews, III
Attorney for Defendant Geddes Federal S&L
Suite 913-919 University Building
120 E. Washington Street
Syracuse, New York 13202
(315) 471-2188
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
TO: Woods Oviatt Gilman
Andrew J. Ryan, Esq.
Stephen P. Burke, Esq.
700 Crossroads Building
2 State Street
Rochester, New York 14614
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
"A"
EXHIBIT
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
NOTE
Payments-Fixed Rate - Without
(Biweekly Conversion)
New York
May 12, 2014 Syracuse,
[Date] [City] [State]
121 Slosson Road, West Monroe, New York 13167
[Property Address]
1. BORROWER'S PROMISE TO PAY
In 2fdfã for a loan that I lgin received, I promise to pay U.S.$207,400.00 (this amount is called
"Princiff , plus interest, to thearder of Lender. Lender is Syracuse Securities, Inc.. I will make all
payments under this Note in the form of cash, check or money order.
I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and
Holder."
who is entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest WWbppharged on unpaid principal until the full amount of Principal has been paid. I willpay
interest at a yeafly rate âÈ4.37s%
The interest rate required by this Section 2 is the rate I will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments .. . .. ..
1 will pgypincipal and interéà thmakhig ympat every M days (the
Biwnekit
P
beginne on $1¼y n0, 2014. I will make tl e5iwe y %dyntEnf4%4ty 14
principal andinterest and any other charges described bel owgagde
Payment will be applied as of its scheduled due date and lit0ititEidstb.6tdiePfindi at If
March 16, 2046, still owe amounts under this Note, IWill páÿ Wants3g fI oaihat defea Echis
Daté1"
called the "Mäturity
I will make my Biweekly Payments at 1010 James Street, Syracuse, NY 13203 or at a different place if
required by the Note Holder.
(B) Amount of Biweekly Payments
My Biweekly Payment will be in the amount of U.S. $517.76.
(C) Manner of Payment
My Biweekly Payments will be mahby an gutnestic:deductlëh fthm an acepyrgTwill mphitain with
the Note Holder, or with a specifistl by the NefdfoJ&g. I will keep stdliesent fun iln the
different½iñitÿ
accokút (;Ny the full amountpf Paymentathe dãtait dni
each¾weekly ig
lundeWandthattheNote&ktdt, of zeteptityáctiñg fogtheN 16 Wide r;may dedwt the amount ofiny
BiWéékipPtyâÃeliffrðmlhe accëûhtiëpay thgNoteRoldertereach Biweeld ágmëtit on the thitit‡is
until I have paid all amounts owed under this Note.
4. BORROWER'S RIGHT TO PREPAY
I have the payments ofPrincipal at béÉÖfe are due.
rightto¼ndke gay tirne th#ý Ajãyln¼nWNacig
at"Prspäyment."
only is known as When I tnelis a Prèpáymérit,1%)lie11 the Note Holdenin writing tliatI
andying36, $fñåynot designate a payment as a Prepayment if Ihave notmade all the Biweekly Payments
due underñhe $6te.
Imay make a full Prepayãent orpâitigPrepayments without paying any Prepayment charge. The Note
Holder will use my Prepayments to aduce the amount of Principal that I owe under this Note. However,
the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,
befere spel$ing ñîyiPrepayme4tto redgathe?2incipal amount of theNotc. If I make apa‡dal Pfégayniént,
thewill he no shangesitr tliedue date orie the amottht of my bilveekly or any monthly)ayalerit aniess
the Ndtellolder âgreekin writing to those changes.
5. LOARCIMkGES
(Page 1 of 3 pages) Form 3264 1/01
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that ..
the interest or other loan charges collected or to be collected in connection with this loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits
will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe
under this Note or by makin g a direct payment to me. If a refund reduces Principal, the reduction will be
treated as a partial Prepayment .
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any Biweekly Payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
2.000% of my overdue payment of principal, interest and escrow. I will pay this late charge promptly but
only once on each late payment
(B) Default
If I do not pay the full amount of each Biweekly Payment on the date it is due, I will be in default I will
also be in default if I do not maintain the account I am required to maintain under Section 3(C) above.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of
Principal which has not been paid and all the interest that I owe on that amount That date must be at least
30 days after the date on which the notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full
as described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
attomeys'
prohibited by applicable law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless Applicable Law requires a different method, any notice that must be given to me under this Note
will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at
a different address if I give the Note Holder a notice of my different address.
Any notice &at must begiven to thehe H01s2 uridetthliNete will be giyán by delivering it or by
indling it bpdMclashtñáil te the Nóte Holderât thpgAesg sthtiedin Section)(A) above or at a different
áddréss if IWgiteli a notice of that differentad Iress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. TheNote Holder may enforce its rights under this Note against
each person individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice
"Presentment"
of Dishonor. means the right to require the Note Holder to demand payment of amounts
dishonor"
due. "Notice of means the right to require the Note Holder to give notice to other persons that
amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
(Page 2 of 3 pages) Form 3264 i/01
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses
"Security
which might result if I do not keep the promises which I make in this Note. That Security Instrument
describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
Tralisfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
Property"
"Interest in the means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment
sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in it is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Leader may, require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of aqf less tiraniÓ days from the date the notice is j1ced nee with
givefeig
Section 15 within which B6rrBWêf thtst pay all sums secured by this Insttweent. If
$9ggr{ty
Borrower fails to pay these sums prior to the expirating of this period, Leiïd6ifmay intokBr any
remedies permitted by this Security Instrument Wilhpet further notice or deggigt on Bonower:
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
__(Seal) (Seal)
Brilad C. Prust
Mortgage Loan Originator: Peter Gavin
Nationwide Mortgage Licensing System and Registry Identification Number #64595
Mortgage Lender Company: Syracuse Securities, Inc,
Nationwide Mortgage Licensing System and Registry Identification Number # 134875
a Orde pDf
S Vin s & Loan Association
Securities, Inc.
agistent Secretary
(Page3of 3 pages) Form 3264 1/01
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FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018
"B"
EXHIBIT
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* " NYSCEF: 07/28/2017
CEIVED
NYSCEF DOC. NO.
c 18 RECEIVED NYSCEF: 11/02/2018
NYSCEF DOC.
CHAEL C. BACKUS COUNTY CLERK
46 EAST BRIDGE STREET, 0SWEGO, NEWYORK13126
COUNTY CLERK'SRECORDING PAGE
DETACH***
***THISPAGElS PART OF THE DOCUMENT-DO NOT
Recording:
Number of Pages 100.00
Fee/Cover Sheet 20.00
II 1111 lll111 III I Recording
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
INSTRUMENT #: R-2014-004199 Sub Total : 140.00
Receipt#: 20148927615 Mortgage Tax
Clerk: BGOLDEN Basic 1037.00
- Rec Date: 05/16/2014 12:44:46 PM Special 518.50 -
Doc Grp: M CNY 493.50
Descrip: MORTGAGE Local 0.00
Num Pgs: 20
Rec'd Frm: STIC/BECKY Sub Total: 2049.00
Party1: PRUSIK BRIAN C .__
Party2: SYRACUSE SECURITIES INC Total : 2189.00
**** ****
Town: WEST MONROE NOTICE: THIS IS NOT A BILL
***** *****
Mortgage Tax
Serial #: DF-0371
1-2 Famil y Home
Mtg Amt: 207400.00
Basic 1037.00
Special 518.50
CNY 493.50
Total: 2049.00
I hereby certify that the within and
foregoing was recorded in the Oswego
County Clerk's Office
Record and Return To:
SYRACUSE SECURITIES INC MichaelC.Backus
1010 JAMES STREET Oswego County Clerk
SYRACUSE, NY 13203
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FILED: vwnaawv
ONONDAGAv vau
COUNTY
a CLERK
am v , f 11/02/2018
,.. v f ,.. v . . , .s..a. . 01:31
.m.= san-ap PM INDEX NO. 008588/2018
a .m.a.iman, .
NYSCEF DOC
DOC. NO. ECEIVED 0 7 / 2 8 / 2 0 17
NYSCEF : 11/02/2018
NYSGEF . .NO . 1 5 18 RECEIVED NYSCEF:
After Recording Retum to:
Syracuse Securities, Inc.
1010 James Street
Syracuse, NY 13203
SECTION: .
BLOCK:
LOT:
DISTRICT:
COUNTY: Oswego Property Tax I.D. No. 261.00-02-21.17
[Space Above This Line For Recording Data]
MORTGAGE
Loan No. 317231
WORDS USED OFTEN IN THIS DOCUMENT
Instrument."
(A) "Security This document, which is dated May 12, 2014, together with all Riders will be
Instrument."
called the "Security
"Borrower."
(B) Brian C. Prusik, whose address is 121 Slosson Road, West Monroe, New York 13167
"Borrower" "I" "me."
sometimes will be called and sometimes simply or
"Lender." "Lender."
(C) Syracuse Securities, inc. will be called Lender is a corporation or association
which exists under the laws of the State of New York Lender's address is 1010 James Street, Syracuse, NY
13203.
"Note." "Note."
(D) The note signed by Borrower and dated May 12, 2014 will be called the The Note shows
that I owe Lender Two Hundred Seven Thousand Four Hundred And 00/100 Dollars (U. S. $207,400.00) plus
interest and other amounts that may be payable. I have promised to pay this debt in Periodic Payments and
to pay the debt in full by March 16, 2040.
"Property." Property,"
(E) The propsity that is described below in the section titled "Description ofthe will
"Property."
be called the
(F)"Loan." "Loan"
The 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 Instrunlent, plus interest.
Secured."
. (G) "Sums The amounts described below in the section titled "Borrower's Transfer to Lender
Property" Secured."
of Rights in the sometimes will be called the "Sums
"Riders."
(H) All riders attached to this Security Instrument that are signed by Borrower will be called
"Rider."
The following Riders are to be signed by Borrower [check box as applicable].
O Adjustable Rate Rider O Condominium Rider O Second Home Rider
O Balloon Rider O Planned Unit Development Rider O Other(s) [specify]
Preview
FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA ----------------------- --: BRIAN C. PRUSIK, Plaintiff NOTICE TO ADMIT vs. LIBERTY MUTUAL INSURANCE GROUP INC., and Index No.: 8588/2018 GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. PLEASE TAKE NOTICE that pursuant to NY CPLR §3123, Defendant Geddes Federal Savings and Loan Association hereby demands that within 20 days after service of this notice upon you, that Plaintiff Brian C. Prusik, admit the truth of the following matters of fact or admit the genuineness of any papers or documents served with this request: "A" 1. That the Note dated May 12, 2014 and annexed hereto as Exhibit is a true and accurate copy of the Note executed by plaintiff to Syracuse Securities Incorporated for the sum of $207, 400.00, and same as referenced in the plaintiff's Answer to Counterclaims of Defendant Geddes Federal S&L. "B" .2 That the Mortgage dated May 12, 2014 and annexed hereto as Exhibit is a true and accurate copy of the Mortgage executed by plaintiff to Syracuse " " Securities Incorporated, to secure the Note at Exhibit and encumbered the property located at 121 Slosson Road, West Monro , ew ork, and same as referenced in the plaintiff's Answer to Co im of fendant Geddes Federal S&L. Dated: November 2, 2018 D . Mathews, III Attorney for Defendant Geddes Federal S&L Suite 913-919 University Building 120 E. Washington Street Syracuse, New York 13202 (315) 471-2188 1 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 TO: Woods Oviatt Gilman Andrew J. Ryan, Esq. Stephen P. Burke, Esq. 700 Crossroads Building 2 State Street Rochester, New York 14614 2 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 "A" EXHIBIT 3 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 NOTE Payments-Fixed Rate - Without (Biweekly Conversion) New York May 12, 2014 Syracuse, [Date] [City] [State] 121 Slosson Road, West Monroe, New York 13167 [Property Address] 1. BORROWER'S PROMISE TO PAY In 2fdfã for a loan that I lgin received, I promise to pay U.S.$207,400.00 (this amount is called "Princiff , plus interest, to thearder of Lender. Lender is Syracuse Securities, Inc.. I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and Holder." who is entitled to receive payments under this Note is called the "Note 2. INTEREST Interest WWbppharged on unpaid principal until the full amount of Principal has been paid. I willpay interest at a yeafly rate âÈ4.37s% The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments .. . .. .. 1 will pgypincipal and interéà thmakhig ympat every M days (the Biwnekit P beginne on $1¼y n0, 2014. I will make tl e5iwe y %dyntEnf4%4ty 14 principal andinterest and any other charges described bel owgagde Payment will be applied as of its scheduled due date and lit0ititEidstb.6tdiePfindi at If March 16, 2046, still owe amounts under this Note, IWill páÿ Wants3g fI oaihat defea Echis Daté1" called the "Mäturity I will make my Biweekly Payments at 1010 James Street, Syracuse, NY 13203 or at a different place if required by the Note Holder. (B) Amount of Biweekly Payments My Biweekly Payment will be in the amount of U.S. $517.76. (C) Manner of Payment My Biweekly Payments will be mahby an gutnestic:deductlëh fthm an acepyrgTwill mphitain with the Note Holder, or with a specifistl by the NefdfoJ&g. I will keep stdliesent fun iln the different½iñitÿ accokút (;Ny the full amountpf Paymentathe dãtait dni each¾weekly ig lundeWandthattheNote&ktdt, of zeteptityáctiñg fogtheN 16 Wide r;may dedwt the amount ofiny BiWéékipPtyâÃeliffrðmlhe accëûhtiëpay thgNoteRoldertereach Biweeld ágmëtit on the thitit‡is until I have paid all amounts owed under this Note. 4. BORROWER'S RIGHT TO PREPAY I have the payments ofPrincipal at béÉÖfe are due. rightto¼ndke gay tirne th#ý Ajãyln¼nWNacig at"Prspäyment." only is known as When I tnelis a Prèpáymérit,1%)lie11 the Note Holdenin writing tliatI andying36, $fñåynot designate a payment as a Prepayment if Ihave notmade all the Biweekly Payments due underñhe $6te. Imay make a full Prepayãent orpâitigPrepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to aduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, befere spel$ing ñîyiPrepayme4tto redgathe?2incipal amount of theNotc. If I make apa‡dal Pfégayniént, thewill he no shangesitr tliedue date orie the amottht of my bilveekly or any monthly)ayalerit aniess the Ndtellolder âgreekin writing to those changes. 5. LOARCIMkGES (Page 1 of 3 pages) Form 3264 1/01 4 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that .. the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by makin g a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment . 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any Biweekly Payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2.000% of my overdue payment of principal, interest and escrow. I will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full amount of each Biweekly Payment on the date it is due, I will be in default I will also be in default if I do not maintain the account I am required to maintain under Section 3(C) above. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not attomeys' prohibited by applicable law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless Applicable Law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice &at must begiven to thehe H01s2 uridetthliNete will be giyán by delivering it or by indling it bpdMclashtñáil te the Nóte Holderât thpgAesg sthtiedin Section)(A) above or at a different áddréss if IWgiteli a notice of that differentad Iress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. TheNote Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice "Presentment" of Dishonor. means the right to require the Note Holder to demand payment of amounts dishonor" due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the (Page 2 of 3 pages) Form 3264 i/01 5 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 Instrument"), dated the same date as this Note, protects the Note Holder from possible losses "Security which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Tralisfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, Property" "Interest in the means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in it is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of aqf less tiraniÓ days from the date the notice is j1ced nee with givefeig Section 15 within which B6rrBWêf thtst pay all sums secured by this Insttweent. If $9ggr{ty Borrower fails to pay these sums prior to the expirating of this period, Leiïd6ifmay intokBr any remedies permitted by this Security Instrument Wilhpet further notice or deggigt on Bonower: WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED __(Seal) (Seal) Brilad C. Prust Mortgage Loan Originator: Peter Gavin Nationwide Mortgage Licensing System and Registry Identification Number #64595 Mortgage Lender Company: Syracuse Securities, Inc, Nationwide Mortgage Licensing System and Registry Identification Number # 134875 a Orde pDf S Vin s & Loan Association Securities, Inc. agistent Secretary (Page3of 3 pages) Form 3264 1/01 6 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/02/2018 "B" EXHIBIT 7 of 27 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 * " NYSCEF: 07/28/2017 CEIVED NYSCEF DOC. NO. c 18 RECEIVED NYSCEF: 11/02/2018 NYSCEF DOC. CHAEL C. BACKUS COUNTY CLERK 46 EAST BRIDGE STREET, 0SWEGO, NEWYORK13126 COUNTY CLERK'SRECORDING PAGE DETACH*** ***THISPAGElS PART OF THE DOCUMENT-DO NOT Recording: Number of Pages 100.00 Fee/Cover Sheet 20.00 II 1111 lll111 III I Recording Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 INSTRUMENT #: R-2014-004199 Sub Total : 140.00 Receipt#: 20148927615 Mortgage Tax Clerk: BGOLDEN Basic 1037.00 - Rec Date: 05/16/2014 12:44:46 PM Special 518.50 - Doc Grp: M CNY 493.50 Descrip: MORTGAGE Local 0.00 Num Pgs: 20 Rec'd Frm: STIC/BECKY Sub Total: 2049.00 Party1: PRUSIK BRIAN C .__ Party2: SYRACUSE SECURITIES INC Total : 2189.00 **** **** Town: WEST MONROE NOTICE: THIS IS NOT A BILL ***** ***** Mortgage Tax Serial #: DF-0371 1-2 Famil y Home Mtg Amt: 207400.00 Basic 1037.00 Special 518.50 CNY 493.50 Total: 2049.00 I hereby certify that the within and foregoing was recorded in the Oswego County Clerk's Office Record and Return To: SYRACUSE SECURITIES INC MichaelC.Backus 1010 JAMES STREET Oswego County Clerk SYRACUSE, NY 13203 8 of 27 FILED: vwnaawv ONONDAGAv vau COUNTY a CLERK am v , f 11/02/2018 ,.. v f ,.. v . . , .s..a. . 01:31 .m.= san-ap PM INDEX NO. 008588/2018 a .m.a.iman, . NYSCEF DOC DOC. NO. ECEIVED 0 7 / 2 8 / 2 0 17 NYSCEF : 11/02/2018 NYSGEF . .NO . 1 5 18 RECEIVED NYSCEF: After Recording Retum to: Syracuse Securities, Inc. 1010 James Street Syracuse, NY 13203 SECTION: . BLOCK: LOT: DISTRICT: COUNTY: Oswego Property Tax I.D. No. 261.00-02-21.17 [Space Above This Line For Recording Data] MORTGAGE Loan No. 317231 WORDS USED OFTEN IN THIS DOCUMENT Instrument." (A) "Security This document, which is dated May 12, 2014, together with all Riders will be Instrument." called the "Security "Borrower." (B) Brian C. Prusik, whose address is 121 Slosson Road, West Monroe, New York 13167 "Borrower" "I" "me." sometimes will be called and sometimes simply or "Lender." "Lender." (C) Syracuse Securities, inc. will be called Lender is a corporation or association which exists under the laws of the State of New York Lender's address is 1010 James Street, Syracuse, NY 13203. "Note." "Note." (D) The note signed by Borrower and dated May 12, 2014 will be called the The Note shows that I owe Lender Two Hundred Seven Thousand Four Hundred And 00/100 Dollars (U. S. $207,400.00) plus interest and other amounts that may be payable. I have promised to pay this debt in Periodic Payments and to pay the debt in full by March 16, 2040. "Property." Property," (E) The propsity that is described below in the section titled "Description ofthe will "Property." be called the (F)"Loan." "Loan" The 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 Instrunlent, plus interest. Secured." . (G) "Sums The amounts described below in the section titled "Borrower's Transfer to Lender Property" Secured." of Rights in the sometimes will be called the "Sums "Riders." (H) All riders attached to this Security Instrument that are signed by Borrower will be called "Rider." The following Riders are to be signed by Borrower [check box as applicable]. O Adjustable Rate Rider O Condominium Rider O Second Home Rider O Balloon Rider O Planned Unit Development Rider O Other(s) [specify]