Preview
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF CHEMUNG
--------------------------------------------------------------------X Date filed:
Discover Bank,
SUMMONS
Plaintiff,
-against- Premises being foreclosed:
633 Sawdey Rd
Kelley F. Irwin Troccia, Paul M. Troccia Beaver Dams, NY 14812
“JOHN DOE #1" through and including “JOHN ACTION TO FORECLOSE
DOE#25", the defendants last named in quotation MORTGAGE ON
marks being intended to designate tenants or PROPERTY SITUATED IN
occupants in possession of the herein described CHEMUNG COUNTY
premises or portions thereof, if any there be, said
names being fictitious, their true name being
unknown to plaintiff,
Defendant(s).
-------------------------------------------------------------------X
TO THE ABOVE 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 Plaintiff's attorneys within twenty (20) days after the service of the Summons
exclusive of the day of service or within thirty (30) days after completion of service where
service is made in any other manner than by personal delivery within the State. In case of your
failure to appear, or answer, judgment will be taken against you by default for the relief
demanded in this Complaint.
Plaintiff designates Chemung County as the place for trial. Venue is based upon the
County in which the mortgaged premises is situated.
1 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving 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 go to the 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: March 20, 2023
Westbury, New York
___________________________
Edward Wiener, Esq.
Stein, Wiener & Roth, LLP
Attorneys for Plaintiff
1400 Old Country Road, Suite 315
Westbury, NY 11590
(516)-742-1212
80186/DOVEN
2 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
--------------------------------------------------------------------X Index No.
Discover Bank,
Plaintiff,
COMPLAINT
-against-
Kelley F. Irwin Troccia, Paul M. Troccia,
“JOHN DOE #1" through and including “JOHN
DOE#25", the defendants last named in quotation
marks being intended to designate tenants or
occupants in possession of the herein described
premises or portions thereof, if any there be, said
names being fictitious, their true name being
unknown to plaintiff,
Defendant(s).
-------------------------------------------------------------------X
The plaintiff by Stein, Wiener & Roth, LLP, its attorneys, complains of the defendants
above-named and alleges:
1. That the plaintiff was at all times hereinafter mentioned, and now is, foreign
business corporation authorized to do business in the State of New York with an address for
doing business at 1 Corporate Drive, Suite 360, Lake Zurich, IL 60047.
2. That on or about November 25, 2020, Kelley F. Irwin Troccia and Paul M.
Troccia (hereinafter “Borrower”) duly executed and delivered to Discover Bank, a note whereby
said Borrower became obligated to pay the sum of $48,000.00 Dollars with interest at the initial
rate of 8.990% per cent per annum, and agreed to pay to the lender, its successors and assigns,
the aforesaid sum and interest thereon as follows: by payment of principal and interest of
$385.87 on January 01, 2021, and thereafter monthly payments as per the terms of the note on
this same day of each subsequent month until the principal and interest were fully paid, except
3 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
that the final payment of the entire indebtedness evidenced thereby, if not sooner paid, is due and
payable on December 01, 2050.
3. As collateral security for the payment of said indebtedness, the mortgagors Kelley
F. Irwin Troccia and Paul M. Troccia on the same day duly executed, acknowledged and
delivered to Discover Bank, a mortgage dated November 25, 2020, whereby they mortgaged to
Discover Bank, its successors and assigns, the real property known as 633 Sawdey Rd, Beaver
Dams, NY 14812 and as more particularly described in the attached Schedule “A”.
4. Said mortgage was duly recorded in the Office of the Clerk of the County of
Chemung on June 21, 2021, in Instrument # 202108584, that being the County wherein the said
real property was then situated, and at the same time and place the mortgagee duly paid to said
County Clerk Office the recording tax on said mortgage.
5. The plaintiff is the holder of the said note and is the mortgagee of record.
6. The defendant Borrower has failed to comply with the terms and conditions of the
said note and mortgage by failing and omitting to pay the installment due September 01, 2022,
and the installments due on each subsequent installment due to date, in accordance with the
terms of the mortgage.
7. That more than one month has elapsed since each and every one of said defaults
and the same still remains unpaid and no part thereof has been paid, and the plaintiff, pursuant to
the provisions of the said note and mortgage has elected, and does elect that the entire unpaid
balance of the principal sum thereby secured become immediately due and payable.
8. That there is now justly due and owing to the plaintiff on said note and mortgage,
the principal sum of $47,375.33, with interest thereon at the rate stated in the note from August
01, 2022, together with necessary advances and expenditures. That because of the borrower(s)’
4 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
default, the plaintiff has incurred legal fees to date and requests the court to allow such fees in
excess to those mandated by statute as may reasonably be incurred herein.
9. That the plaintiff requests that, in the event this action proceeds to judgment of
foreclosure and sale, the said premises be sold subject to any state of facts an accurate survey
may show and to restrictive covenants, utility easements, agreements and reservations, if any, of
record zoning restrictions and violations thereof, if any, and covenants, restrictions, easements
and agreements of record, if any, and violations thereof, if any.
10. Upon information and belief, during the pendency of this action, the plaintiff may
be obliged to pay sums by way of assessments, taxes, insurance premiums and other charges
accruing against said premises and the Plaintiff asks that any sums it may be required to pay and
does pay for the purpose of protecting the lien of the mortgage herein sought to be foreclosed
may be added to the indebtedness secured by and adjudged a valid lien on the premises herein
described including legal fees and expenses.
11. No action or proceeding is pending at law or otherwise for the foreclosure of said
mortgage or recovery of said sums so secured by said note and mortgage or any part thereof.
12. Upon information and belief, all the individual defendants herein are of full age
and sound mind and none is an absentee.
13. That plaintiff is informed and believes and therefore alleges that each of the above
defendants has, or claims to have some interest or lien upon said mortgaged premises, or some
part thereof, which interests or lien, if any, has accrued subsequent to and is subordinate to the
lien of said mortgage.
5 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
14. Plaintiff is the holder of the subject note and is the mortgagee of record, or has
been delegated the authority to institute a mortgage foreclosure action by the owner and holder
of the subject mortgage and note.
15. Plaintiff has complied with all of the applicable provisions of Banking Law §
595-a, and any rules and regulations promulgated thereunder, Banking Law §§6-l and 6-m,
Banking Law 9x, and RPAPL §1304 and §1306.
WHEREFORE, the plaintiff demands judgment that the defendants, and all persons
claiming under them, subsequent to the filing of a Notice of Pendency of this Action, in the
office of the Clerk of the County of Chemung in which said mortgaged premises are situated,
may be barred and foreclosed of all right, title and interest, claim, lien and equity of redemption
in said mortgaged premises; that the monies arising from the sale may be brought into Court; that
the plaintiff may be paid the amount due upon the said note and mortgage, with interest to the
time of such payment, the expenses of the sale, and the costs, allowances, and disbursements of
this action, and together with any monies advanced and paid pursuant to any terms or provisions
of the note and mortgage set forth in this Complaint, or to protect the lien of plaintiff's mortgage,
together with the taxes, water charges, insurance and all other charges and liens thereon to be
paid, with interest upon said amounts from the dates of the respective payments and advances
thereof, so far as the amounts of such monies properly applicable thereto will pay the same; that
this Court forthwith appoint a receiver of the rents and profits of said premises with the usual
powers and duties; and that the defendants, Kelley F. Irwin Troccia and Paul M. Troccia, may be
adjudged to pay any deficiency remaining after the application of said monies as aforesaid,
6 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
unless validly discharged pursuant to the United States Bankruptcy Code; and that the plaintiff
may have such other and further relief in the premises as shall be just and equitable.
DATED: March 20, 2023
Westbury, New York
___________________________
Edward Wiener, Esq.
Stein, Wiener & Roth, LLP
Attorneys for Plaintiff
1400 Old Country Road, Suite 315
Westbury, NY 11590
(516)-742-1212
7 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
-----------------------------------------------------------------X
Discover Bank, Index No.
Plaintiff,
CERTIFICATE OF MERIT
-against-
Mortgaged Premises:
633 Sawdey Rd
Kelley F. Irwin Troccia, et al., Beaver Dams, NY 14812
Defendants.
-----------------------------------------------------------------X
Edward Wiener, Esq., pursuant to CPLR §2106 and under the penalties of perjury affirms as
follows:
1. I am an attorney at law duly licensed to practice in the State of New York and an
attorney with the firm of Stein, Wiener & Roth, LLP, the attorneys of record for Plaintiff in the
above-captioned mortgage foreclosure action.
2. I have reviewed the facts of this case; consulted with the following representative
of plaintiff; Kevin Mayers, an authorized signer of the plaintiff; and have reviewed the pertinent
documents relevant to this case, including the mortgage/security agreement, the note/bond
underlying the mortgage executed by defendant, all instruments of assignment, if any, and any
other instrument of indebtedness including any modification, extension, and consolidation
agreements.
3. Based upon the foregoing, and to the best of my knowledge, information and
belief there is a reasonable basis for the commencement of this action, and that the plaintiff is
currently the creditor entitled to enforce rights under such documents.
8 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
4. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: April 3, 2023
____________________________________
Edward Wiener, ESQ.
9 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO.Page 4 of 15
2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Title No. 80186
ALL that tract or parcel of land, situate in the Town of Catlin, County of Chemung, State
of New York, bounded and described as follows:
COMMENCING at a point in the centerline of Sawdey Road;
RUNNING THENCE South 89 degrees 03 minutes 19 seconds West a distance of 25.23
feet to a railroad spike found on the westerly line of Sawdey Road;
CONTINUING THENCE South 89 degrees 03 minutes 19 seconds West along the
northerly line of premises now or formerly of Christopher E. Downs and Saralyn F.
Downs (Fiche 831-005D) a distance of 234.90 feet to an iron pin set marking the
intersection of the northerly line of said Downs (Fiche 831-005D) with the easterly line
of premises now or formerly of Charles W. and Marian E. Byer (Liber 626, Page 488);
RUNNING THENCE North 8 degrees 31 minutes 50 seconds West along the easterly line
of said Byer a distance of 150.00 feet to an iron pin set marking the intersection of said
Byer with the southerly line of said premises now or formerly of Donald V. Sempler (Doc
No. 0007130025), which iron pin set is also situate on the southerly line of a 20 foot
common Right-of-Way;
RUNNING THENCE North 89 degrees 03 minutes 19 seconds East along the southerly
line of said Sempler, also being the southerly line of said common Right-of-Way, a
distance of 224.09 feet to a point situate on the westerly line of Sawdey Road;
CONTINUING THENCE North 89 degrees 03 minutes 19 seconds East a distance of
25.91 feet to a point in the centerline of Sawdey Road;
RUNNING THENCE along the centerline of Sawdy Road, on a curve to the right with a
radius of 1,175.00 feet, an arc distance of 151.77 feet, producing a chord of South 12
degrees 19 minutes 31 seconds East and a chord distance of 151.67 feet to the point
marking the place of BEGINNING.
TOGETHER with the free and unmolested use of a private road 20 feet in width north of
the northerly boundary of the above-described premises across the lands now or
formerly owned by Blanche E. Squior to be built, used and maintained by the parties of
the second part on a pro-rata basis with the owners including said Blanche E. Squier, of
land adjoining the parties of the seconds part on the north and west of the aforesaid
premises.
Section: 16.00, Block: 1, Lot: 29
10 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
SCHEDULE C
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
NECESSARY PARTIES DEFENDANT
PARTIES DEFENDANT INTEREST IN PREMISES
1- Paul M. Troccia a/k/a Paul Record owner and original obligor
Michael Troccia under the Bond secured by the
633 Sawdey Road Mortgage recorded on June 21, 2021
in Instrument No. 202108584.
Beaver Dam, NY 14812
2- Kelley F. Irwin Troccia Record owner and original obligor
under the Bond secured by the
633 Sawdey Road Mortgage recorded on June 21, 2021
in Instrument No. 202108584.
Beaver Dam, NY 14812
3- John Doe and Mary Doe Said names being fictitious, it
being the intention of Plaintiff to
designate any and all occupants,
tenants, persons or corporations,
if any, having or claiming an
interest in or lien upon the
premises being foreclosed
herein.
11 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
NOTE
November 25, 2020 Beaver Dams, New York
[Date] [City] [State]
633 Sawdey Road, Beaver Dams, NY 14012
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan
that 1 have received, I promise to pay U.S. S48, 000. 00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is Discover Bank. I will make all payments
under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
Holder."
and who is entitled to æceive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 0. 990%.
The inteæst rate requimd 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
I will pay principal and interest by making a payment every month,
I will make my monthly payment on the 1st day of each month beginning on January 1, 2021. I will
make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to inteæst before Principal. If, on December 1, 2050, I still owe amounts under this Note, I will pay
Date."
those amounts in full on that date, which is called the "Maturity
1 willmake my monthly payments at PO Box 371306, Pittsburgh, PA 15250-7306 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S385.87.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
"Prepayment."
is known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will
use my Prepayments to reduce 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, before applying
my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
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 making a direct
payment to me. If a refund reduces Principal, the reduction will be imated as a partial Pæpayment.
NEW YORK ECOND FIXE T NOTE- 08/16
KEl 1066.30 Page 1of 3
Initials:
12 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
pay a late charge to the Note Holder. The amount of the charge will be 5% of my
after the date it is due, 1 will
overdue payment of principal and interest or $29, whichever is less. 1 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 monthly payment on the date it is due, I wilt be in default.
(C) Notice of Default
If 1 am in default, the Note Holder may send me a written notice telling me that if1 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 mailed to me or delivered by other means.
(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 1 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 en forcing this Note to the extent not
attorneys'
prohibited by applicable law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicablelaw 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 that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIOlNS OF PERSONS UNDER THIS NOTE
If more than one personsigns 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. The Note 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 of
"Presentment"
Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor"
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 "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses 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 1 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:
NEW YORK ECOND FIXED TE NOTE - 08h6
bl I066.10 Page2 of 3
Initials;
13 of 28
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
Lender may require immediate payment in full of all Sums Secured by this Security
Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred
without Lender's prior written permission. If Borrower is not a natural person and a beneficial
interest in Borrower is sold or transferred without Lender's prior written permission, Lender also
may require immediate payment in full. However, this option shall not be exercised by Lender if
such exemise is prohibited by Applicable Law.
If Lender requires
immediate payment in full under this Section 18, Lender will give me
a notice which states this requirement. The notice will give me at Ieast 30 days to make the
required payment. The 30-day period will begin on the date the notice is given to me in the
manner required by Section 15 of this Security Instrument. If I do not make the required payment
during that period, Lender may act to enforce its rights under this Securit y I nstrument without
giving me any further notice or demand for payment
DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE
PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW, YOU MAY HAVETHE RIGHT TO
CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR IS REQUIRED TO
PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCU MSTANCES AND
TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT.
NOTICE TO BORROWER
Do not sign this Noteif it contains blank spaces.
All spaces should be completed before you sign.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
- BORROWER - aul N occia, Irwin Troccia ATE -
Kelly
ldK b 20
- BORRONER - P Irwin Troccia - DATE -
y
[Sign Original Only)
Individual Loan Originator: Christopher Flores, NMLS
Loan Originator Organization: Discover Bank, NMLSR I
NEW YORK - SECOND FlXED RATE NOTE - 08/16
IEE 106630 Page3 of3
14 of 28
FILED: CHEMUNG COUNTY
Inst. # CLERK 04/03/2023
- Page1
202108584 of 13 03:45 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
Chemung County Clerk's Office
210 Lake St., P.O. Box 588
Elmira, NY 14902-0588
Linda A. Forrest - County Clerk
JaneDietterich . Lori Kline
Deputy Deputy
Return To:
SERVICELINK TITLE ONLY
1355 CHERRINGTON PKWY
MOON TOWNSHIP, PA 15108
Instrument Number - 202108584 * Total Pages - 13
Recorded On 6/21/2021 At 1:31:03 PM
* Instrument Type - MORTGAGE
Invoice Number - 337265 User ID - JAS Serial Number - DM0634
* Mortgagor -
TROCCIA, PAUL M
* Mortgagee - DISCOVER BANK
* FEES MORTGAGE TAX
RMO-STATE $4 . 75
RMO-COMP R $14 . 25 MORTGAGEAMOUNT $ 48 , 000 . 00
RMO-COUNTY $1. 00
MTG RECORDING $8 O. 00 BASIC MORTGAGE TAX $ 2 40 . 00
RECORDING SHEET $5 . 00
SPECIAL ADDL MTG $12 O. 00 SPEC ADDITIONAL MTG TAX$ 120 . 00
BASIC MTG $2 40 . 00
TOTAL PAID $465 . 00 Total $ 360 . 00
TRANSFER TAX
TRANSFER AMT $
TRANSFER TAX $ O. 00
STATE OF NEW YORK
CHEMUNG COUNTY CLERK
THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT
REQUIRED BY SECTION316-A (5) FOR THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK.
DO NOT DETACH
LINDA A. FORREST - COUNTY CLERK
a- Informationdenoted
byanasteriskmaychangeduringtheveripcation
processandmaynotbereflected
onthispage.
15 of 28
FILED: CHEMUNG COUNTY CLERK
Inst. 04/03/2023
# 202108584 - Page03:45
2 of 13 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
After Recording Return To:
Discover Fulfillment
Center
1355 Cherrington Parkway
Moon Township,PA15108
1-866-245-0504
Pr ared B :
D scover ank
12 Reads Way
New Castle,DE19720
Above This Line For Recording Data|
This m gage is a su pnme oan subject to N.Y. Banking Law §6-m.
MORTGAGE
WORDS USED OFTEN IN THIS DOCUMENT
"Mortgage."
(A) This document, which is datedNovember 25, 2020, will be called the
"Mortgage."
"Borrower."
(B) Paul M. Troccia and Kelley F. Irwin Troccia, husband
and wife, as tenants by the
entirety, the survivor to take the whole in any event whose address is 633
"Borrower"
sawdey Road, Beaver Dams, NY 14812 will sometimes be called the and sometimes
"L"
simply
"Lender."
(C) "Lender."Discover Bank will be called the Lender is a corporation or association
which was formed and which exists under the laws of Delaware. Lender's address is 12 Reads Way,
New Castle, DE 19720.
"Note."
(D) The junior
lien note signed by Borrower and datedNovember 25, 2020, and
"Note."
extensions and renewals
of that note, will be called the The Note shows that I owe Lender U.S.
$48, 000. 00 plus interest, which I have promised to pay in full byDecember 1, 2050.
"Property."
(E) The property that is described below in the section titled "Description of the
Property" "Property."
will be called the
BORROWERS TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This
means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and
also those rights that the law gives to lenders who hold mortgages on real property. I am giving Lender these
rights to protect Lender from possible losses that might result if I do not:
(A) Pay all the amounts that Iowe Lender as stated in the Note;
(B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect the value of
the Property and Lender's rights in the Property; and
(C) Keep all of my promises and agreements under this Mortgage.
instrument includes real
Security
This SECONDMORTGAGE-03/I8
or to be improved by
improved
apraggty Pagelof12
dwelling only
a 1-2 family
Initials
16 of 28
FILED: CHEMUNG COUNTY CLERK
Inst. 04/03/2023
# 202108584 - Page03:45
3 of 13 PM INDEX NO. 2023-5217
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023
With respect to the amounts that I owe under the Note and under this Mortgage, I waive the benefit
of the right which is known as the "homestead exemption". A homestead exemption is a property owner's
right to keep a portion of his property (usually up to a certain dollar amount) free from the claims of
creditors. My waiver of this right means that the Lender
Preview
FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF CHEMUNG --------------------------------------------------------------------X Date filed: Discover Bank, SUMMONS Plaintiff, -against- Premises being foreclosed: 633 Sawdey Rd Kelley F. Irwin Troccia, Paul M. Troccia Beaver Dams, NY 14812 “JOHN DOE #1" through and including “JOHN ACTION TO FORECLOSE DOE#25", the defendants last named in quotation MORTGAGE ON marks being intended to designate tenants or PROPERTY SITUATED IN occupants in possession of the herein described CHEMUNG COUNTY premises or portions thereof, if any there be, said names being fictitious, their true name being unknown to plaintiff, Defendant(s). -------------------------------------------------------------------X TO THE ABOVE 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 Plaintiff's attorneys within twenty (20) days after the service of the Summons exclusive of the day of service or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear, or answer, judgment will be taken against you by default for the relief demanded in this Complaint. Plaintiff designates Chemung County as the place for trial. Venue is based upon the County in which the mortgaged premises is situated. 1 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving 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 go to the 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: March 20, 2023 Westbury, New York ___________________________ Edward Wiener, Esq. Stein, Wiener & Roth, LLP Attorneys for Plaintiff 1400 Old Country Road, Suite 315 Westbury, NY 11590 (516)-742-1212 80186/DOVEN 2 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG --------------------------------------------------------------------X Index No. Discover Bank, Plaintiff, COMPLAINT -against- Kelley F. Irwin Troccia, Paul M. Troccia, “JOHN DOE #1" through and including “JOHN DOE#25", the defendants last named in quotation marks being intended to designate tenants or occupants in possession of the herein described premises or portions thereof, if any there be, said names being fictitious, their true name being unknown to plaintiff, Defendant(s). -------------------------------------------------------------------X The plaintiff by Stein, Wiener & Roth, LLP, its attorneys, complains of the defendants above-named and alleges: 1. That the plaintiff was at all times hereinafter mentioned, and now is, foreign business corporation authorized to do business in the State of New York with an address for doing business at 1 Corporate Drive, Suite 360, Lake Zurich, IL 60047. 2. That on or about November 25, 2020, Kelley F. Irwin Troccia and Paul M. Troccia (hereinafter “Borrower”) duly executed and delivered to Discover Bank, a note whereby said Borrower became obligated to pay the sum of $48,000.00 Dollars with interest at the initial rate of 8.990% per cent per annum, and agreed to pay to the lender, its successors and assigns, the aforesaid sum and interest thereon as follows: by payment of principal and interest of $385.87 on January 01, 2021, and thereafter monthly payments as per the terms of the note on this same day of each subsequent month until the principal and interest were fully paid, except 3 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 that the final payment of the entire indebtedness evidenced thereby, if not sooner paid, is due and payable on December 01, 2050. 3. As collateral security for the payment of said indebtedness, the mortgagors Kelley F. Irwin Troccia and Paul M. Troccia on the same day duly executed, acknowledged and delivered to Discover Bank, a mortgage dated November 25, 2020, whereby they mortgaged to Discover Bank, its successors and assigns, the real property known as 633 Sawdey Rd, Beaver Dams, NY 14812 and as more particularly described in the attached Schedule “A”. 4. Said mortgage was duly recorded in the Office of the Clerk of the County of Chemung on June 21, 2021, in Instrument # 202108584, that being the County wherein the said real property was then situated, and at the same time and place the mortgagee duly paid to said County Clerk Office the recording tax on said mortgage. 5. The plaintiff is the holder of the said note and is the mortgagee of record. 6. The defendant Borrower has failed to comply with the terms and conditions of the said note and mortgage by failing and omitting to pay the installment due September 01, 2022, and the installments due on each subsequent installment due to date, in accordance with the terms of the mortgage. 7. That more than one month has elapsed since each and every one of said defaults and the same still remains unpaid and no part thereof has been paid, and the plaintiff, pursuant to the provisions of the said note and mortgage has elected, and does elect that the entire unpaid balance of the principal sum thereby secured become immediately due and payable. 8. That there is now justly due and owing to the plaintiff on said note and mortgage, the principal sum of $47,375.33, with interest thereon at the rate stated in the note from August 01, 2022, together with necessary advances and expenditures. That because of the borrower(s)’ 4 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 default, the plaintiff has incurred legal fees to date and requests the court to allow such fees in excess to those mandated by statute as may reasonably be incurred herein. 9. That the plaintiff requests that, in the event this action proceeds to judgment of foreclosure and sale, the said premises be sold subject to any state of facts an accurate survey may show and to restrictive covenants, utility easements, agreements and reservations, if any, of record zoning restrictions and violations thereof, if any, and covenants, restrictions, easements and agreements of record, if any, and violations thereof, if any. 10. Upon information and belief, during the pendency of this action, the plaintiff may be obliged to pay sums by way of assessments, taxes, insurance premiums and other charges accruing against said premises and the Plaintiff asks that any sums it may be required to pay and does pay for the purpose of protecting the lien of the mortgage herein sought to be foreclosed may be added to the indebtedness secured by and adjudged a valid lien on the premises herein described including legal fees and expenses. 11. No action or proceeding is pending at law or otherwise for the foreclosure of said mortgage or recovery of said sums so secured by said note and mortgage or any part thereof. 12. Upon information and belief, all the individual defendants herein are of full age and sound mind and none is an absentee. 13. That plaintiff is informed and believes and therefore alleges that each of the above defendants has, or claims to have some interest or lien upon said mortgaged premises, or some part thereof, which interests or lien, if any, has accrued subsequent to and is subordinate to the lien of said mortgage. 5 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 14. Plaintiff is the holder of the subject note and is the mortgagee of record, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. 15. Plaintiff has complied with all of the applicable provisions of Banking Law § 595-a, and any rules and regulations promulgated thereunder, Banking Law §§6-l and 6-m, Banking Law 9x, and RPAPL §1304 and §1306. WHEREFORE, the plaintiff demands judgment that the defendants, and all persons claiming under them, subsequent to the filing of a Notice of Pendency of this Action, in the office of the Clerk of the County of Chemung in which said mortgaged premises are situated, may be barred and foreclosed of all right, title and interest, claim, lien and equity of redemption in said mortgaged premises; that the monies arising from the sale may be brought into Court; that the plaintiff may be paid the amount due upon the said note and mortgage, with interest to the time of such payment, the expenses of the sale, and the costs, allowances, and disbursements of this action, and together with any monies advanced and paid pursuant to any terms or provisions of the note and mortgage set forth in this Complaint, or to protect the lien of plaintiff's mortgage, together with the taxes, water charges, insurance and all other charges and liens thereon to be paid, with interest upon said amounts from the dates of the respective payments and advances thereof, so far as the amounts of such monies properly applicable thereto will pay the same; that this Court forthwith appoint a receiver of the rents and profits of said premises with the usual powers and duties; and that the defendants, Kelley F. Irwin Troccia and Paul M. Troccia, may be adjudged to pay any deficiency remaining after the application of said monies as aforesaid, 6 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 unless validly discharged pursuant to the United States Bankruptcy Code; and that the plaintiff may have such other and further relief in the premises as shall be just and equitable. DATED: March 20, 2023 Westbury, New York ___________________________ Edward Wiener, Esq. Stein, Wiener & Roth, LLP Attorneys for Plaintiff 1400 Old Country Road, Suite 315 Westbury, NY 11590 (516)-742-1212 7 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG -----------------------------------------------------------------X Discover Bank, Index No. Plaintiff, CERTIFICATE OF MERIT -against- Mortgaged Premises: 633 Sawdey Rd Kelley F. Irwin Troccia, et al., Beaver Dams, NY 14812 Defendants. -----------------------------------------------------------------X Edward Wiener, Esq., pursuant to CPLR §2106 and under the penalties of perjury affirms as follows: 1. I am an attorney at law duly licensed to practice in the State of New York and an attorney with the firm of Stein, Wiener & Roth, LLP, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. 2. I have reviewed the facts of this case; consulted with the following representative of plaintiff; Kevin Mayers, an authorized signer of the plaintiff; and have reviewed the pertinent documents relevant to this case, including the mortgage/security agreement, the note/bond underlying the mortgage executed by defendant, all instruments of assignment, if any, and any other instrument of indebtedness including any modification, extension, and consolidation agreements. 3. Based upon the foregoing, and to the best of my knowledge, information and belief there is a reasonable basis for the commencement of this action, and that the plaintiff is currently the creditor entitled to enforce rights under such documents. 8 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 4. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: April 3, 2023 ____________________________________ Edward Wiener, ESQ. 9 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO.Page 4 of 15 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. 80186 ALL that tract or parcel of land, situate in the Town of Catlin, County of Chemung, State of New York, bounded and described as follows: COMMENCING at a point in the centerline of Sawdey Road; RUNNING THENCE South 89 degrees 03 minutes 19 seconds West a distance of 25.23 feet to a railroad spike found on the westerly line of Sawdey Road; CONTINUING THENCE South 89 degrees 03 minutes 19 seconds West along the northerly line of premises now or formerly of Christopher E. Downs and Saralyn F. Downs (Fiche 831-005D) a distance of 234.90 feet to an iron pin set marking the intersection of the northerly line of said Downs (Fiche 831-005D) with the easterly line of premises now or formerly of Charles W. and Marian E. Byer (Liber 626, Page 488); RUNNING THENCE North 8 degrees 31 minutes 50 seconds West along the easterly line of said Byer a distance of 150.00 feet to an iron pin set marking the intersection of said Byer with the southerly line of said premises now or formerly of Donald V. Sempler (Doc No. 0007130025), which iron pin set is also situate on the southerly line of a 20 foot common Right-of-Way; RUNNING THENCE North 89 degrees 03 minutes 19 seconds East along the southerly line of said Sempler, also being the southerly line of said common Right-of-Way, a distance of 224.09 feet to a point situate on the westerly line of Sawdey Road; CONTINUING THENCE North 89 degrees 03 minutes 19 seconds East a distance of 25.91 feet to a point in the centerline of Sawdey Road; RUNNING THENCE along the centerline of Sawdy Road, on a curve to the right with a radius of 1,175.00 feet, an arc distance of 151.77 feet, producing a chord of South 12 degrees 19 minutes 31 seconds East and a chord distance of 151.67 feet to the point marking the place of BEGINNING. TOGETHER with the free and unmolested use of a private road 20 feet in width north of the northerly boundary of the above-described premises across the lands now or formerly owned by Blanche E. Squior to be built, used and maintained by the parties of the second part on a pro-rata basis with the owners including said Blanche E. Squier, of land adjoining the parties of the seconds part on the north and west of the aforesaid premises. Section: 16.00, Block: 1, Lot: 29 10 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 SCHEDULE C NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 NECESSARY PARTIES DEFENDANT PARTIES DEFENDANT INTEREST IN PREMISES 1- Paul M. Troccia a/k/a Paul Record owner and original obligor Michael Troccia under the Bond secured by the 633 Sawdey Road Mortgage recorded on June 21, 2021 in Instrument No. 202108584. Beaver Dam, NY 14812 2- Kelley F. Irwin Troccia Record owner and original obligor under the Bond secured by the 633 Sawdey Road Mortgage recorded on June 21, 2021 in Instrument No. 202108584. Beaver Dam, NY 14812 3- John Doe and Mary Doe Said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 11 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 NOTE November 25, 2020 Beaver Dams, New York [Date] [City] [State] 633 Sawdey Road, Beaver Dams, NY 14012 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S48, 000. 00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Discover Bank. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer Holder." and who is entitled to æceive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 0. 990%. The inteæst rate requimd 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 I will pay principal and interest by making a payment every month, I will make my monthly payment on the 1st day of each month beginning on January 1, 2021. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to inteæst before Principal. If, on December 1, 2050, I still owe amounts under this Note, I will pay Date." those amounts in full on that date, which is called the "Maturity 1 willmake my monthly payments at PO Box 371306, Pittsburgh, PA 15250-7306 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S385.87. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only "Prepayment." is known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce 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, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES 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 making a direct payment to me. If a refund reduces Principal, the reduction will be imated as a partial Pæpayment. NEW YORK ECOND FIXE T NOTE- 08/16 KEl 1066.30 Page 1of 3 Initials: 12 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days pay a late charge to the Note Holder. The amount of the charge will be 5% of my after the date it is due, 1 will overdue payment of principal and interest or $29, whichever is less. 1 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 monthly payment on the date it is due, I wilt be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if1 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 mailed to me or delivered by other means. (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 1 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 en forcing this Note to the extent not attorneys' prohibited by applicable law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicablelaw 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 that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIOlNS OF PERSONS UNDER THIS NOTE If more than one personsigns 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. The Note 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 of "Presentment" Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" 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 "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses 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 1 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: NEW YORK ECOND FIXED TE NOTE - 08h6 bl I066.10 Page2 of 3 Initials; 13 of 28 FILED: CHEMUNG COUNTY CLERK 04/03/2023 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exemise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at Ieast 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Securit y I nstrument without giving me any further notice or demand for payment DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW, YOU MAY HAVETHE RIGHT TO CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCU MSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT. NOTICE TO BORROWER Do not sign this Noteif it contains blank spaces. All spaces should be completed before you sign. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. - BORROWER - aul N occia, Irwin Troccia ATE - Kelly ldK b 20 - BORRONER - P Irwin Troccia - DATE - y [Sign Original Only) Individual Loan Originator: Christopher Flores, NMLS Loan Originator Organization: Discover Bank, NMLSR I NEW YORK - SECOND FlXED RATE NOTE - 08/16 IEE 106630 Page3 of3 14 of 28 FILED: CHEMUNG COUNTY Inst. # CLERK 04/03/2023 - Page1 202108584 of 13 03:45 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 Chemung County Clerk's Office 210 Lake St., P.O. Box 588 Elmira, NY 14902-0588 Linda A. Forrest - County Clerk JaneDietterich . Lori Kline Deputy Deputy Return To: SERVICELINK TITLE ONLY 1355 CHERRINGTON PKWY MOON TOWNSHIP, PA 15108 Instrument Number - 202108584 * Total Pages - 13 Recorded On 6/21/2021 At 1:31:03 PM * Instrument Type - MORTGAGE Invoice Number - 337265 User ID - JAS Serial Number - DM0634 * Mortgagor - TROCCIA, PAUL M * Mortgagee - DISCOVER BANK * FEES MORTGAGE TAX RMO-STATE $4 . 75 RMO-COMP R $14 . 25 MORTGAGEAMOUNT $ 48 , 000 . 00 RMO-COUNTY $1. 00 MTG RECORDING $8 O. 00 BASIC MORTGAGE TAX $ 2 40 . 00 RECORDING SHEET $5 . 00 SPECIAL ADDL MTG $12 O. 00 SPEC ADDITIONAL MTG TAX$ 120 . 00 BASIC MTG $2 40 . 00 TOTAL PAID $465 . 00 Total $ 360 . 00 TRANSFER TAX TRANSFER AMT $ TRANSFER TAX $ O. 00 STATE OF NEW YORK CHEMUNG COUNTY CLERK THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT REQUIRED BY SECTION316-A (5) FOR THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH LINDA A. FORREST - COUNTY CLERK a- Informationdenoted byanasteriskmaychangeduringtheveripcation processandmaynotbereflected onthispage. 15 of 28 FILED: CHEMUNG COUNTY CLERK Inst. 04/03/2023 # 202108584 - Page03:45 2 of 13 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 After Recording Return To: Discover Fulfillment Center 1355 Cherrington Parkway Moon Township,PA15108 1-866-245-0504 Pr ared B : D scover ank 12 Reads Way New Castle,DE19720 Above This Line For Recording Data| This m gage is a su pnme oan subject to N.Y. Banking Law §6-m. MORTGAGE WORDS USED OFTEN IN THIS DOCUMENT "Mortgage." (A) This document, which is datedNovember 25, 2020, will be called the "Mortgage." "Borrower." (B) Paul M. Troccia and Kelley F. Irwin Troccia, husband and wife, as tenants by the entirety, the survivor to take the whole in any event whose address is 633 "Borrower" sawdey Road, Beaver Dams, NY 14812 will sometimes be called the and sometimes "L" simply "Lender." (C) "Lender."Discover Bank will be called the Lender is a corporation or association which was formed and which exists under the laws of Delaware. Lender's address is 12 Reads Way, New Castle, DE 19720. "Note." (D) The junior lien note signed by Borrower and datedNovember 25, 2020, and "Note." extensions and renewals of that note, will be called the The Note shows that I owe Lender U.S. $48, 000. 00 plus interest, which I have promised to pay in full byDecember 1, 2050. "Property." (E) The property that is described below in the section titled "Description of the Property" "Property." will be called the BORROWERS TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that the law gives to lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if I do not: (A) Pay all the amounts that Iowe Lender as stated in the Note; (B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my promises and agreements under this Mortgage. instrument includes real Security This SECONDMORTGAGE-03/I8 or to be improved by improved apraggty Pagelof12 dwelling only a 1-2 family Initials 16 of 28 FILED: CHEMUNG COUNTY CLERK Inst. 04/03/2023 # 202108584 - Page03:45 3 of 13 PM INDEX NO. 2023-5217 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2023 With respect to the amounts that I owe under the Note and under this Mortgage, I waive the benefit of the right which is known as the "homestead exemption". A homestead exemption is a property owner's right to keep a portion of his property (usually up to a certain dollar amount) free from the claims of creditors. My waiver of this right means that the Lender