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FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 06/27/2019
"T"
EXHIBIT
FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018
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STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
X
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
aner, SUMMONS
-vs-
Property Address:
BRIAN C. PRUSIK; 121 Slosson Road
ROE"
and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, NY 13167
and "MARY ROE", being fictitious, the real names of (Oswego County)
the Defendants being unknown to the Plaintiff, said
fictitious names being intended to designate persons in
possession of or claisiaisig some right, title, interest or lien Index No.: f]
- /ÔW
in or to the encumbered premises,
Defendants.
X
-
ACTION TO FORECLOSE A MORTGAGE-
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to
serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a
Notice of Appearance on the attorneys for the Plaintiff within twenty (20) days aftep the service
of this summons, exclusive of the day of service, where service is made by delivery hpon you
personally within the state or within thirty (30) days after completion of service where service is
made in any other manner; in the event the United States of America is made a party defendant,
the time to answer for said United States of America shall not expire until sixty (60) days after
service of the Summons and in case of your failure to appear or answer, judgmeñt will be taken
against you by default for the relief demanded in the Complaint.
The basis of the venue designated is the location of the prcperty which is 121 Slosson Road,
West Monroe, County of Oswego and State of New York, and the situs of the property.
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NO. 126
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by servirtg a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court,
a default judgment may be entered and you can lose your home.
Speak to an attorney or got to court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your mortgage company will not stop this
foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE
ANSWER ON THE ATTORNEY FOR THE PLAINTIFF
(MORTGAGE COMPANY) AND FILING THE ANSWER
WITH THE COURT.
Dated: Syracus York
MA s LAW FmM
el F. Mathews, Esq.
Attorney for Plaintiff
Suite 913 University Building
120 E. Washington Street
Syracuse, New York 13202
(315) 471-2188
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NYSCEF
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DOC. NO.
NO. 126
1 RECEIVED
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STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
X
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Plaintif, VERIFIED CoiMPLAINT
-vs-
Property Address:
BRIAN C. PRUSIK; 121 Slosson Road
ROE"
and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, NY 13167
and "MARY ROE", being fictitious, the real names of (Oswego County)
the Defendants being unknown to the Plaintiff, said
fictitious names being intended to designate persons in
•c9011•
possession of or chi-hg some right, title, interest or lien Index No.: f / O LST
in or to the encumbered premises,
Defendants.
-X
The Plaintiff herein, by THE MATHEWS LAW FIRM, its attorneys, complains of the
Defendants above named, as and for its cause of action, alleges:
1. That the Plaintiff herein is and at all times hereinafter mentioned was a savings
and loan association duly organized and incorporated under the laws of the United
States of America, with its principal office and place of business located at 2208
West Genesee Street, Syracuse, New York 13219.
2. That, upon information and belief, the Defendant, BRIAN C. PRUSIK, is a
resident of 9425 Ramsey Drive, Bridgeport, County of Madison, State of New
York.
ROE"
3. That the Defendants, "JOHN DOE", "JANE DOE", "RICHARD and
"MARY ROE", are fictitious, the real names of the Defendants are unknown to
the Plaintiff, said fictitious names being intended to designate persons in
possession of or claiming some right, title, interest or lien in or to the encumbered
Q f' 1O
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premises.
4. The Defendants above are made defendants in this action in the capacities set
forth in annexed EXHIBIT "A".
5. That by Warranty Deed dated June 27, 2007, Defendants Brian C. Prusik and
Kathleen A. Prusik became the owners of the real property located at 121 Slosson
Road, West Monroe, New York. Said deed was recorded in the Oswego County
Clerk's Office on July 5, 2007 as Instrument No. R-2007-008363.
6. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her
interest in the property to Brian C. Prusik individually, prior to the signing of the
mortgage being foreclosed herein. Said deed was duly recorded in the Oswego
County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198.
7. That the Defendant, BRIAN C. PRUSIK, for the purpose of securing the payment
to Syracuse Securities, Inc., as mortgagee, the principal sum of Two Hundred
Seven Thousand Four Hundred and 00/100 ($207,400.00) Dollars, with interest
12*
thereon, on or about the day of May 2014, for valuable consideration,
executed and delivered to said mortgagee a certain Note bearing that date,
whereby the said defendant undertook or promised to pay to the said mortgagee,
the sum of Two Hundred Seven Thousand Four Hundred and 00/100
12*
($207,400.00) Dollars, with interest thereon, on or about the day of May,
2014, payable in the manner set forth therein. By the terms of the Note aforesaid,
the mortgagor, Brian C. Prusik, promised to pay to the mortgagee the bi-weekly
installments of principal and interest, plus each and every payment for insurance
premiums, taxes, assessments, water rents as they became due and payable. A
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copy of said Note is attached hereto as EXHIBIT "B".
8. That as security for the paylileñt of said Note, the mortgagor, Brian C. Prusik, on
even date therewith, executed, duly acknowledged and delivered to the said
mortgagee, a Mortgage, in and by which the said mortgagor granted, targained
and sold to the said mortgagee, or its successors or assigns, the following
described premises with appurtenances thereto, described in said Mortgage as
follows, to wit:
"C"
The property described in EXHIBIT attached hereto.
9. That the said mortgage was duly recorded in the Office of the Clerk of the County
16*
of Oswego on the day of May, 2014, as Instrument Number R-2014-004199,
and the mortgage recording tax was then and there duly paid. A copy of said
mortgage is attached hereto as EXHIBIT "D".
10. Thereafter, by Assigiiincñt dated May 12, 2014, Syracuse Securities, Inc., for good
and valuable consideration, sold, transferred and assigned its mortgage and note to
Plaintiff Geddes Federal Savings and Loan Association, for good and valuable
consideration. The Assigñiñeñt of the Mortgage was duly recorded in the Oswego
County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004200. A
copy of the Assignment of Mortgage is annexed hereto as EXHIBIT "E".
11. That Plaintiff Geddes Federal Savings and Loan Association is now the owner and
holder of the Note and Mortgage, and same has not been further transferred, sold,
or assigned.
12. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her
interest in the property to Brian C. Prusik. individually, prior to the signing of the
1O
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mortgage being foreclosed herein. Said deed was duly recorded in the Oswego
County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198.
13. That the said Note and Mortgage aforesaid were given to secure part of the
consideration or refinance money for the above-described premises which were
duly conveyed to the Defendants Brian C. Prusik and Kathleen A. Prusik, by deed
27* 5*
dated the day of June 2007 and recorded on the day of July, 2007 as
Instrument Number R-2007-008363, in the Office of the Clerk of the County of
Oswego.
14. That the said Mortgage contained the same conditions as the said Note, and in the
case of default in the payment of any installment of principal and interest for thirty
(30) days after notice and demand for said payment was duly made pursuant to the
terms of said Note and Mortgage, the said mortgagee, at the option of the
mortgagee, may declare the entire principal sum plus interest immediately due and
payable.
15. That the defendant Brian C. Prusik has failed to comply with the terms, covenants
and conditions of Plaintiff's Note and Mortgage by failing to pay the bi-weekly
2"d
installment of principal and interest due on the day of October, 2015, in the
amount of Five Hundred Seventeen and 76/100 ($517.76) Dollars; and each and
every bi-weekly payment thereafter of principal and interest due in like amount,
those payments dates being the first of each and every of the following months up
to the date of this complaint.
16. That the Mortgage provides that in case of default in the payment of any principal
or interest or any other terms, covenants or conditions of the Mortgage, that the
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holder of the Mortgage, herein the Plaintiff, could declare the entire indebtedness
secured by the Mortgage immediately due and payable, and the holder of the
Mortgage is empowered to sell the mortgaged premises according to law.
17. That the 90 Day pre-foreclosure notice is NOT required as this is not the borrowers
primary residence.
18. That the Defendant, Brian C. Prusik, on or about March 3, 2016, filed a Voluntary
Petition in Bankruptcy under Chapter 7 in the Northern District of New York.
19. That pursuant to the Bankruptcy Plan, the Defendant Brian C. Prusik under his
"Statement of Intention for Individuals Filing Under Chapter 7", declared his intent
to abandon the property being foreclosed herein. See EXHIBIT "F".
20. Defendant Brian C. Prusik received a Discharge under the Bankruptcy Plan. See
EXHIBIT "G".
21. That an Order Granting Relief from Automatic Stay was granted by the United
States Bankruptcy Court on June 27, 2017. See EXHIBIT "H".
22. Plaintiff will not be seeking a deficiency judgment herein, but specifically reserves
its rights to a claim for discharge damages for waste or other non-
post-bankruptcy
dischargable debts.
23. That the Plaintiff on September 29, 2016 caused Notice and Demand for Payment
to be delivered to the Defendant by mailing the same first class mail as is required
by the terms of the said Note and Mortgage.
24. That the said Notice was given to the Defendant and the Defendant has failed to
pay the instalments of principal and interest due as aforesaid. That the Plaintiff,
pursuant to the provisions of said Note and Mortgage, has elected and does elect to
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declare that the entire principal sum and interest secured by said Note and
Mortgage be immediately due and payable, an that there is now just due to the
plaintiff the sum of Two Hundred Twenty Seven Thousand Five Hundred Twelve
and 60/100 ($227,512.60) Dollars, with interest thereon at the rate of 4.375% per
15'
annum from the day of February, 2017 upon said Note and Mortgage, together
with the costs and disbursements of this action, plus late charges and reasonable
attorneys fees on behalf of the plaintiff.
25. That in order to protect its security, Plaintiff may be compelled during the
pendency of this action to pay sums for premiums on policies of fire insurance,
taxes, assessments, water rates and other charges affecting the mortgaged premises
herein described and Plaintiff prays that any sum or sums so paid, together with
interest at the rate of 9.00% per annum from the date of such payment shall be
added to the Plaintiff's claim and deemed secured by said Note and Mortgage and
adjudged a valid lien on the premises hereinbefore described and that the plaintiff
be paid such sums, together with interest thereon, out of the proceeds of the sale of
the premises hereinbefore described.
26. That the Note and Mortgage aforesaid have not been further assigned and Plaintiff
Geddes Federal Savings and Loan Association is still the holder and owner of the
Note and Mortgage.
27. That each and every Defendant claims to have some interest or lien upon the said
mortgaged premises, or some part thereof, which lien or interest, if any, is subject
and subordinate to the lien of the Mortgage held by the Plaintiff.
28. That the mortgage sought to be foreclosed herein is not a "high cost home loan", a
O ^F 1O
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loan"
"sub-prime home nor a "non-traditional home loan".
29. Plaintiff shall not be deemed to have waived, altered, released or changed the
election hereiñbefore made by reason of payment after the date of commercement
of this action of any or all of the defaults mentioned herein, and such election shall
continue and remain effective.
30. Plaintiff has complied with all of the provisions or Banking Law §595-a and any
rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and
Real Property Actions and Proceedings Law §l304 unless exempt from doing so.
3 l. Plaintiff has complied with the provisions of RPAPL §1306 unless exempt from
doing so. RPAPL §1304 does not apply to this action as the premises is not the
borrowers principal dwelling. Defendant has abandoned the property.
32. The Mortgage provides that in case of foreclosure, the mortgaged premises may be
sold in one parcel and that if the premises consists of more than one parcel,
plaintiff respectfully requests that the judgment of foreclosure provide for the
parcels to be sold as one parcel.
33. The sale of the mortgaged premises under foreclosure herein is subject to any state
of facts that an inspection of the premises would disclose, any state of facts an
accurate survey would show, and to covenants, restrictions and easements, if any,
of record affecting said mortgaged premises and any violation thereof, any equity
of redemption of the United States of America
Preview
FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 06/27/2019 "T" EXHIBIT FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/27/2019 07/28/2017 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO X GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, aner, SUMMONS -vs- Property Address: BRIAN C. PRUSIK; 121 Slosson Road ROE" and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, NY 13167 and "MARY ROE", being fictitious, the real names of (Oswego County) the Defendants being unknown to the Plaintiff, said fictitious names being intended to designate persons in possession of or claisiaisig some right, title, interest or lien Index No.: f] - /ÔW in or to the encumbered premises, Defendants. X - ACTION TO FORECLOSE A MORTGAGE- TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the Plaintiff within twenty (20) days aftep the service of this summons, exclusive of the day of service, where service is made by delivery hpon you personally within the state or within thirty (30) days after completion of service where service is made in any other manner; in the event the United States of America is made a party defendant, the time to answer for said United States of America shall not expire until sixty (60) days after service of the Summons and in case of your failure to appear or answer, judgmeñt will be taken against you by default for the relief demanded in the Complaint. The basis of the venue designated is the location of the prcperty which is 121 Slosson Road, West Monroe, County of Oswego and State of New York, and the situs of the property. -CONTINUED NEXT PAGE- FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/28/2017 06/27/2019 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by servirtg a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or got to court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Syracus York MA s LAW FmM el F. Mathews, Esq. Attorney for Plaintiff Suite 913 University Building 120 E. Washington Street Syracuse, New York 13202 (315) 471-2188 ,- --- FILED: . ONONDAGA---....COUNTY ,..---.CLERK - . 06/27/2019 -- 10:46 INDEX NO. 008588/2018 --..-- , - - , - - - . . - . ..., AM NYSCEF NYSCEF DOC. DOC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: 06/27/2019 NYSCEF: 07/28/2017 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO X GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintif, VERIFIED CoiMPLAINT -vs- Property Address: BRIAN C. PRUSIK; 121 Slosson Road ROE" and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, NY 13167 and "MARY ROE", being fictitious, the real names of (Oswego County) the Defendants being unknown to the Plaintiff, said fictitious names being intended to designate persons in •c9011• possession of or chi-hg some right, title, interest or lien Index No.: f / O LST in or to the encumbered premises, Defendants. -X The Plaintiff herein, by THE MATHEWS LAW FIRM, its attorneys, complains of the Defendants above named, as and for its cause of action, alleges: 1. That the Plaintiff herein is and at all times hereinafter mentioned was a savings and loan association duly organized and incorporated under the laws of the United States of America, with its principal office and place of business located at 2208 West Genesee Street, Syracuse, New York 13219. 2. That, upon information and belief, the Defendant, BRIAN C. PRUSIK, is a resident of 9425 Ramsey Drive, Bridgeport, County of Madison, State of New York. ROE" 3. That the Defendants, "JOHN DOE", "JANE DOE", "RICHARD and "MARY ROE", are fictitious, the real names of the Defendants are unknown to the Plaintiff, said fictitious names being intended to designate persons in possession of or claiming some right, title, interest or lien in or to the encumbered Q f' 1O FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 126 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 07/28/2017 06/27/2019 premises. 4. The Defendants above are made defendants in this action in the capacities set forth in annexed EXHIBIT "A". 5. That by Warranty Deed dated June 27, 2007, Defendants Brian C. Prusik and Kathleen A. Prusik became the owners of the real property located at 121 Slosson Road, West Monroe, New York. Said deed was recorded in the Oswego County Clerk's Office on July 5, 2007 as Instrument No. R-2007-008363. 6. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her interest in the property to Brian C. Prusik individually, prior to the signing of the mortgage being foreclosed herein. Said deed was duly recorded in the Oswego County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198. 7. That the Defendant, BRIAN C. PRUSIK, for the purpose of securing the payment to Syracuse Securities, Inc., as mortgagee, the principal sum of Two Hundred Seven Thousand Four Hundred and 00/100 ($207,400.00) Dollars, with interest 12* thereon, on or about the day of May 2014, for valuable consideration, executed and delivered to said mortgagee a certain Note bearing that date, whereby the said defendant undertook or promised to pay to the said mortgagee, the sum of Two Hundred Seven Thousand Four Hundred and 00/100 12* ($207,400.00) Dollars, with interest thereon, on or about the day of May, 2014, payable in the manner set forth therein. By the terms of the Note aforesaid, the mortgagor, Brian C. Prusik, promised to pay to the mortgagee the bi-weekly installments of principal and interest, plus each and every payment for insurance premiums, taxes, assessments, water rents as they became due and payable. A FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. 1 NO. 126 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/27/2019 07/28/2017 copy of said Note is attached hereto as EXHIBIT "B". 8. That as security for the paylileñt of said Note, the mortgagor, Brian C. Prusik, on even date therewith, executed, duly acknowledged and delivered to the said mortgagee, a Mortgage, in and by which the said mortgagor granted, targained and sold to the said mortgagee, or its successors or assigns, the following described premises with appurtenances thereto, described in said Mortgage as follows, to wit: "C" The property described in EXHIBIT attached hereto. 9. That the said mortgage was duly recorded in the Office of the Clerk of the County 16* of Oswego on the day of May, 2014, as Instrument Number R-2014-004199, and the mortgage recording tax was then and there duly paid. A copy of said mortgage is attached hereto as EXHIBIT "D". 10. Thereafter, by Assigiiincñt dated May 12, 2014, Syracuse Securities, Inc., for good and valuable consideration, sold, transferred and assigned its mortgage and note to Plaintiff Geddes Federal Savings and Loan Association, for good and valuable consideration. The Assigñiñeñt of the Mortgage was duly recorded in the Oswego County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004200. A copy of the Assignment of Mortgage is annexed hereto as EXHIBIT "E". 11. That Plaintiff Geddes Federal Savings and Loan Association is now the owner and holder of the Note and Mortgage, and same has not been further transferred, sold, or assigned. 12. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her interest in the property to Brian C. Prusik. individually, prior to the signing of the 1O ,- --- FILED: . ONONDAGA --..-,... ...--...COUNTY - CLERK.. . 06/27/2019 ,........-, , --, --... . .... 10:46 . - . .-., AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. 1 NO. 126 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/28/2017 06/27/2019 mortgage being foreclosed herein. Said deed was duly recorded in the Oswego County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198. 13. That the said Note and Mortgage aforesaid were given to secure part of the consideration or refinance money for the above-described premises which were duly conveyed to the Defendants Brian C. Prusik and Kathleen A. Prusik, by deed 27* 5* dated the day of June 2007 and recorded on the day of July, 2007 as Instrument Number R-2007-008363, in the Office of the Clerk of the County of Oswego. 14. That the said Mortgage contained the same conditions as the said Note, and in the case of default in the payment of any installment of principal and interest for thirty (30) days after notice and demand for said payment was duly made pursuant to the terms of said Note and Mortgage, the said mortgagee, at the option of the mortgagee, may declare the entire principal sum plus interest immediately due and payable. 15. That the defendant Brian C. Prusik has failed to comply with the terms, covenants and conditions of Plaintiff's Note and Mortgage by failing to pay the bi-weekly 2"d installment of principal and interest due on the day of October, 2015, in the amount of Five Hundred Seventeen and 76/100 ($517.76) Dollars; and each and every bi-weekly payment thereafter of principal and interest due in like amount, those payments dates being the first of each and every of the following months up to the date of this complaint. 16. That the Mortgage provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the Mortgage, that the FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/28/2017 06/27/2019 holder of the Mortgage, herein the Plaintiff, could declare the entire indebtedness secured by the Mortgage immediately due and payable, and the holder of the Mortgage is empowered to sell the mortgaged premises according to law. 17. That the 90 Day pre-foreclosure notice is NOT required as this is not the borrowers primary residence. 18. That the Defendant, Brian C. Prusik, on or about March 3, 2016, filed a Voluntary Petition in Bankruptcy under Chapter 7 in the Northern District of New York. 19. That pursuant to the Bankruptcy Plan, the Defendant Brian C. Prusik under his "Statement of Intention for Individuals Filing Under Chapter 7", declared his intent to abandon the property being foreclosed herein. See EXHIBIT "F". 20. Defendant Brian C. Prusik received a Discharge under the Bankruptcy Plan. See EXHIBIT "G". 21. That an Order Granting Relief from Automatic Stay was granted by the United States Bankruptcy Court on June 27, 2017. See EXHIBIT "H". 22. Plaintiff will not be seeking a deficiency judgment herein, but specifically reserves its rights to a claim for discharge damages for waste or other non- post-bankruptcy dischargable debts. 23. That the Plaintiff on September 29, 2016 caused Notice and Demand for Payment to be delivered to the Defendant by mailing the same first class mail as is required by the terms of the said Note and Mortgage. 24. That the said Notice was given to the Defendant and the Defendant has failed to pay the instalments of principal and interest due as aforesaid. That the Plaintiff, pursuant to the provisions of said Note and Mortgage, has elected and does elect to FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 126 1 RECEIVED RECEIVED NYSCEF: 07/28/2017 NYSCEF: 06/27/2019 declare that the entire principal sum and interest secured by said Note and Mortgage be immediately due and payable, an that there is now just due to the plaintiff the sum of Two Hundred Twenty Seven Thousand Five Hundred Twelve and 60/100 ($227,512.60) Dollars, with interest thereon at the rate of 4.375% per 15' annum from the day of February, 2017 upon said Note and Mortgage, together with the costs and disbursements of this action, plus late charges and reasonable attorneys fees on behalf of the plaintiff. 25. That in order to protect its security, Plaintiff may be compelled during the pendency of this action to pay sums for premiums on policies of fire insurance, taxes, assessments, water rates and other charges affecting the mortgaged premises herein described and Plaintiff prays that any sum or sums so paid, together with interest at the rate of 9.00% per annum from the date of such payment shall be added to the Plaintiff's claim and deemed secured by said Note and Mortgage and adjudged a valid lien on the premises hereinbefore described and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the premises hereinbefore described. 26. That the Note and Mortgage aforesaid have not been further assigned and Plaintiff Geddes Federal Savings and Loan Association is still the holder and owner of the Note and Mortgage. 27. That each and every Defendant claims to have some interest or lien upon the said mortgaged premises, or some part thereof, which lien or interest, if any, is subject and subordinate to the lien of the Mortgage held by the Plaintiff. 28. That the mortgage sought to be foreclosed herein is not a "high cost home loan", a O ^F 1O FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NY S CE F DOC. NYSCEF DOC . NO. NO . 126 1 RE CEIVE D NYSCEF: RECEIVED NYSCEF: 07/28/2017 06/27/2019 loan" "sub-prime home nor a "non-traditional home loan". 29. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereiñbefore made by reason of payment after the date of commercement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 30. Plaintiff has complied with all of the provisions or Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and Real Property Actions and Proceedings Law §l304 unless exempt from doing so. 3 l. Plaintiff has complied with the provisions of RPAPL §1306 unless exempt from doing so. RPAPL §1304 does not apply to this action as the premises is not the borrowers principal dwelling. Defendant has abandoned the property. 32. The Mortgage provides that in case of foreclosure, the mortgaged premises may be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 33. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America