Preview
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
EXHIBIT A
Defendant
Dustin L. Cody Mortgagor by virtue of a Mortgage. Obligor by
11 Kelsey Road virtue of a Note. Record Owner by virtue of a
Candor, NY 13743 Deed.
Jatona M. Cody Mortgagor by virtue of a Mortgage. Obligor by
11 Kelsey Road virtue of a Note. Record Owner by virtue of a
Candor, NY 13743 Deed.
Secretary of Housing and Urban Development Subordinate mortgagee by virtue of a
451 Seventh Street, S.W. Mortgage recorded on August 19, 2022 in
Washington, DC 20410 Instrument No. 2022-00003733.
Terry Ford Lienor by virtue of a judgment docketed
1375 Ridge Road January 15, 2019 in the amount of $3,015.00.
Rome, PA 18837
Roger Ford Lienor by virtue of a judgment docketed
1375 Ridge Road January 15, 2019 in the amount of $3,015.00.
Rome, PA 18837
Midland Credit Management, Inc. Lienor by virtue of a judgment docketed June
350 Camino De La Reina Suite 100 10, 2022 in the amount of $1,811.31.
San Diego, CA 92108
c/o Selip & Stylianou, LLP
199 Crossways Park Drive
Woodbury, NY 11797
New York State Department of Motor Vehicles Holder of a New York State Department of
6 Empire State Plaza Room 430 Motor Vehicle lien.
Albany, NY 12228
John Doe A fictitious name intending to represent tenants
11 Kelsey Road and/or occupants of the mortgaged premises.
Candor, NY 13743
_
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FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
EXHIBIT B
Note(s):
Note from Dustin L. Cody and Jatona M. Cody dated August 10, 2018, in the original Principal
amount of $124,896.00 plus interest.
Mortgage(s):
Mortgage from Dustin L. Cody and Jatona M. Cody to Mortgage Electronic Registration
Systems, Inc., as nominee for 1st Priority Mortgage, Inc., dated August 10, 2018, in the original
principal amount of $124,896.00, and recorded in the Office of the Clerk of the County of Tioga
on August 21, 2018 in Instrument No. 2018-00003620.
Said Mortgage was assigned by an Assignment of Mortgage executed on October 2, 2019 and
recorded in the Office of the Clerk of the County of Tioga on October 22, 2019 in Instrument No.
2019-00004218.
Consolidation(s) and/or Modification(s) (if applicable):
Said Mortgage was modified by a Loan Modification Agreement dated April 7, 2020 executed by
Dustin L. Cody and Jatona M. Cody and recorded in the Office of the Clerk of the County of
Tioga on June 17, 2020 in Instrument No. 2020-00002165. Said Modification Agreement
increases the principal balance of the debt to $136,786.24. The capitalized amount is $13,253.96.
Said Mortgage was modified by a Loan Modification Agreement dated July 5, 2022 executed by
Dustin L. Cody and Jatona M. Cody and recorded in the Office of the Clerk of the County of
Tioga on August 19, 2022 in Instrument No. 2022-00003732. Said Modification Agreement
decreases the principal balance of the debt to $115,309.89.
105144-4
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
FHA CaseNumber
LOAN#
MIN#
August 10th, 2018 Binghamton , NEW YORK
[Date] [City] [State]
11 Kelsey Road Candor, NY 13743
[Property Address)
BORROWER'
1. S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 124,896.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is 1st Priority Mortgage, Inc.
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 and who
Holder."
is entitled to receive 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 5.625 %.
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
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 October 1st ,
2018 . I will make these payments every month until I have paid all of the principal and interest and any other
charges described that I may owe under this Note. Each monthly payment will be applied
below as of its scheduled due
date and will be applied to interest and other items in the order described in the Security Instrument before Principal. If,
on September 1st , 2048 , I still owe amounts under this Note, I will pay those
Date."
amounts in full on that date, which is called the "Maturity
I will make my monthly payments at 6000 Sheridan Drive, Williamsville, NY 14221
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. $ 718.97 .
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 is
"Prepayment."
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 treated as a partial Prepayment.
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
6. BORROWER'S FAILURE TO PAYAS 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
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 %
of my overdue payment of principal and interest. 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 monthly payment on the date it is due, I will be in default.
(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
mailed to me or deliveredby 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 I am in default at a later time.
Holder'
(E) Payment of Note 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 prohibited by
attorneys'
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 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. 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. 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 under this Note, a Mortgage,
Holder 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 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:
If all or any part of the Property or any Interest in the Property 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, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
Page2 of 3 Effectin I/202015
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section
14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal)
Dustin L Cody -Borrower
(Seal)
Ja na M Cody -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original only]
NMLSR ID:No.:
NMLSR (L.O.) ID: (Jennifer Rich)
Mortgage Loan Originator: 1st Priority Mortgage, Inc.
Page 3 of 3 Ellèctive 1/2I 2015
GCC-3213new-3 (3/17) FHA Multistate Fixed Rate Note
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
1 M O R T G A G E, Inc.
www.1stPriorityMortgage.com
NMLS#29600
Alfonge to Loan Number
Bonower (s) Name: Dustin L Cody
Jatona M Cody
Address:
11 Kelsey Road
Candor, NY 13743
Date of Note:
08/10/2018
Loan Amount:
$124,896.00
Pay to the Order of:
M & T Bank
Without Recourse
By: 15 Priority Mortgage, Inc.
PAY TO THG OMDER OF
Signed:
ftächael olleran
WN%tRAtNEVSEPRESIDE T
Closing Team Leader
1st Inc.
Priority Mortgage,
Allonge- 07/12/16
6000 Sheridan Drive Williamsville NY 14221
R Equal Lender
Housing Office 716-651-5626 Fax 716-651-5640 Toll Free 888-500-9733 ¶
www.1stprioritymor1gage.com
Denvelingthe HomeLoan
Experienceru
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
Andrea L. Klett, County Clerk
16 Court Street
PO Box 307
Owego, NY 13827
(807) 88%8680
Tioga County Clerk Recording Cover Sheet
Received From : Return To :
Hinman Howard & Kattell Hinman Howard & Kattell
700 Secqrity Mutual Bld 700 SECURITY MUTUAL BLD
Binghamton, NY 13901 BINGHAMTON, NY 13901
Method Returned : PICK UP
First MORTGAGOR
CODY, DUSTIN L
First MORTGAGEE
MERS AS NOMINEE
Index Type : Mortgages
Inst # : 2018-00003620
Book : Page :
Type of Instrument : Mortgage
Type of Transaction : Regular Mortgage
Recording Fee: $160.00
The Property affected by this instrument Is situated In Candor (Town), In the
Pages : 24 County of Tioga, New York
Recording
Mortgage Taxes
Located : Candor (Town)
Property
Serial Number : DJ517
Mortgage Amount : $124,896.00
Basic Tax : $624,50 State of New York
Local Tax : $0-00 County of Tloga
Additional Tax r $0,00 I hereby certify that the within and foregoing was
recorded in the Clerk's office for Tioga County,
Transportation Auth Tax : $0.00 New York
SONYMA : $312.25
On (Recorded Date) : 08/21/2018
County Tax : $0.00
At (Recorded Time) : 3:33:49 PM
Total : $936,75
Total Fees : $1,096.75
Doc ID - 0082035300024 Andrea L. KIett, County Clerk
WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTION 319 & 316-A(5) OF THE REAL
PROPERTY I.AW OF THE STATE OF NEW YORK. 00 NOT DETACH FROM THIS INSTRUMENT
Entered By: STOUGHTOND Printed On : 08/21/2018At : 3:34:27PM
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
RECORDAND RETURNTO:
Hinman, Howard & Kattell, Up
80 Exchange Street
P.O. Box 5250
Binghamton, NY 13902
[5pace Above This Line For Recording Data]
Loan No.
FHA Case Number:
MIN:
MORTGAGE
PARCEL TAX ID#;
WORDS USED OFTEN IN THIS DOCUMENT
Instrument."
(A) "Security This document, which Is dated August 10th
Instrument."
2018 together with all Riders to this document, will be called the "Security
"Borrower."
(B)
Dustin L Cody AND Jatona M Cody
whose address Is
101 Paxton Ln , Candor, NY 13743
"Borrower" "I" "me."
sometimes will be called and sometimes simply or
"MERS"
(C) is Mortgage Electronic Registration Systems, Inc. MERS is a separate
corporation that Is acting solely as a nominee for Lender and Lender's successors and assigns.
MERS is organized and existing under the laws of Delaware, and has a malling address of P.O.
Box 2026, Flint, MI 48501-2026,and a street address of 1901 E. Voorhees Street, Suite C,
Danville, IL 61834. The MERS telephone number is (888) 679-MERS. FOR PURPOSES OF
RECORDING THIS MORTGAGE, MERS IS THE MORTCACEE OF RECORD.
"Lender."
(D)
1st Prlodty Mortgage, Inc
"Lender."
will be called Lender is a corporation or association which exists under the laws of
THE STATE OF NEW YORK . Lender's address Is
5000 Sheridan Drive, Williamsville, NY 14221
FHA Security Instrument - New York -MBRS nutstms s p r 2ou
FHM3033,·0I ( ) 15) (Pnge I at 19)
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
"Note."
(E) The note signed by Borrower and dated August 10th ,
"Note."
2018 , will be called the The Note shows that I owe Lender
ONE HUNDRED TWENTY FOUR THOUSAND EIGHT HUNDRED NINETY SIX AND NO/100
Dollars (U.S. $ 124,896.00 ) plus interest and other amounts that may be
payable. I have promised to pay Ihis debt in Periodic Payments and to pay the debt in full by
September 1st, 2048
"Property"
(F) The property that Is described below In the section title "Description of
Properly," "Property."
the will be called the
"Loan." "Loan"
(G) The n1eans 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
Instrument, plus Interest.
Secured."
(H) "Sums The amounts described below In the section titled "Borrower's
Property" Secured."
Transfer to Lender of Rights In the sometimes willbe called "Sums
"Riders."
(I) All Riders attached to this Security lastrument that are signed by Borrower
"Riders."
will be called The following riders are to be signed by Borrower [check box as
applicable]:
¡ Adjustable Rate Rider O Condominium Rider O Planned Unit Development Rider
Other(s) [specify]
MANUFACTURED HOME RIDER
"Applicable Law" n1eans all applicable federal, state and local statutes,
(J) controlling
regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non-appealable judicial opinions.
Assessments"
(K) "Community Association Dues, Fees, and means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
association, homeowners association or similar organization-
Transfer"
(L) "Electronic Funds means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal, telephonic Instrument, computer. or magnetic tape so as to order, lastruct, or authorize
a financial institution to debit or credit an account. Such term includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone,
wire transfers, and automated clearinghouse transfers.
Items" means those items that are described In Section 3.
(M) "Escrow
Proceeds"
(N) "Miscellaneous means any compensation, settlement, award of damages. or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (1) damage to, or destruction of, the Property; (II) condemnation or
other taking of all or any part of the Property; (III) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
Insurance"
(0) "Mortgage means Insurance protecting Lender against the nonpayment of,
or default on, the Loan.
Payment" means the
(P) "Periodic regularly scheduled amount due for (f) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
"RESPA" means the Real Estate Selilement Procedures Act (12 U.S.C. §2601 et seq.)
(Q)
and its Implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be
amended from time to time, or any additional or successor legislation or regulation that governs
applicable to the Loan.
FHA Security Instrument -NY NMad s
FUM3033-02 ( I }$) (Page2 of 19)
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
the same subject matter. When this Security Instrument refers to a requirement or restriction
"RESPA,"
under Lender intends to abide by that requirement or restriction, even If Is not
technically applicable lo the Loan.
"Secretary" means the Secretary of the United States Department of Housing and
(R)
Urban Development or her designee.
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to MERS (solely as norninee for Leader and Leader's
successors and assigns) and Its successors and assigns subject to the lerms of this Security
Instrument. This means that, by signing this Security Instrument I am giving Lender those
rights that are stated in this Security Instrument and also those rights that Applicable 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 fall to:
(A) Pay all the amounts that I owe Lender as stated in the Note including; but not
limited to, all renewals, extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Lender spends under this Security Instrument
to protect the value of the Property and Lender's rights in the Property; and
(C) Keep all of my other promises and agreements under this Security Instrument and
the Note.
I understand and agree that MERS holds only legal title to the rights granted by me In this
nominee for
Security Instrument, but, if necessary to comply with law or custom, MERS (as
Lender and Lender's successors and assigns) has the right:
(A) to exercise any or all of those rights, including. but nut limited to, the right to
foreclose and sell the Property; and
(B) to take any action requiredof Lender including, but not limited to, releasing and
canceling this Security Instrument.
DESCRIPTION OF THE PROPERTY
I give MERS (solely as nominee for Lender and Lenders successors and assigns) rights in the
Property described in (A) through (C) below:
(A) The Property which Is located at
11 Kelsey Road
{S recQ
Candor , New York 13743
[City Tom or W1age] [Zip Code)
This Property is in TIOGA
County. It has the following legal description:
SEE ATTACHED SCHEDULE A
THIS IS A PURCHASE MONEY MORTGAGE
(B) All buildings and other improvements that are located on the Property described in
subsection (A) of th(s section;
(C) All rights In other property that I have as owner of the Property described in
subsection (A) of this secIlon. These rights are known as "easements and appurtenances
Property:"
attached 10 the
(D) All rights that I have In the land which lies In the streets or roads in front of, or
next In, the Property described In subsection (A) of this section;
FHA Security Instrument .NY msKed sepreamr 2014
FllM)033-03 ( I 15) (Page3 o> 19)
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(E) All fixtures that are now or in the future will be on the Property described in
subsecllons (A) and (B) of this section;
(F) All of the rights and property described in subsections (B) through (E) of this
section that I acquire in the future; and
(G) AU replacements of or additions to the Properly described in subsections (B)
through (F) of this section and all Insurance Proceeds of insurance for loss or damage
to, and all Miscellaneous Proceeds of the Property described in subsections (A) through
(F) of this section.
BORROWER'
BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND S
OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY
I promise that; (A) I lawfully own the Property; (B) I have the right to mortgage, grant and
convey the Property to Lender; and (C) there are no outstanding claims or charges against the
Property, except for those which are of public record.
1 give a general warranty of title to Leader, This means that I will be fully responsible for any
losses which Lender suffers because someone other than myself has some of the rights in the
Property which I promise that I have. I promise that I will defend my ownership of the Property
against any claims of such rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Security Instrument contains promises and agreements that are used in real property
security instruments all over the country. It also contains other promises and agreements that
vary in different parts of the country. My promises and agreements are stated in "plain
language."
COVENANTS
I promise and agree with Lender as follows:
L Borrower's Promise to Pay. I will pay to Lender on time principal and interest
du.e under the Note and any prepayment, late charges and other atnounts due under the Note. 1
will also pay aU announts for Escrow Items under Section 3 of this Security Instrument.
Payments due under the Note and this Security Instrument shall be made in U.S.
currency. If any of my payments by check or other payment instrument is returned to Lender
unpaid, Lender may require my payment be made by. (a) cash; (b) money order; (c) certified
check, bank check. treasurer's check or cashier's check, drawn upon an Institution whose
deposits are insured by a federal agency, instrurnentality. or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location required in the
Note, or at another location designated by Lender under Section 14 of this Security Instrument.
Lender may return or accept any payment or partial payments if it is for an amount that Is less
than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to
accept a lesser payment that I may make in the futum and does not waive any of its rights.
Londer is not obilgated to apply such lesser payments when it accepts such payments. If interest
FRA Security Instrument -NY Pumis!mdSeptenber2014
FH3033-lM (/ 15) thge 4 0N 91
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023
on principal accrues as if all Periodic Payments had been paid when due, then Lender need not
pay interest on unapplied funds. Lender may hold such unapplied funds until ] make payments
to bring the Loan current. If I do not do so within a reasonable period of time, Lender will
either apply such funds or return them to me. In the event of foreclosure, any unapplied funds
will be applied to the outstanding principal balance immediately prior to foreclosum No offset
or claim which I might have now or in the future against Lender will relieve me from making
payments due under the Note and this Security Instrument or keeping all of ray other promises
and agreements secured by 1his Security Instrument-
2. Application of Payments or Proceeds. Except as otherwise described in this
Section 2, all payments accepted and applied by Lender shall be applied in the following order
of priority:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the
monthly charge by the monthly charge by the Secretary instead of the monthly mortgage
insurance premiums, as required;
Second, to any taxes, special assessments, leasehold payments or ground rents, and tire,
flood and other hazard insurance premiums, as required.
Third, to interest due under the Note;
Fourth, to amorization of the principal of the Note; and,
Fifth, to late charges due under the Note.
Any application of payments, Insurance proceeds. or Miscellaneous Proceeds 10
principal due under the Note shall not extend or postpone the due date, or change the amount, of
the Periodic Payments.
3. Monthly Payments for Taxes And Insurance.
(a) Borrower's Obligations. ! will pay to Lender all amounts necessary lo pay for
taxes, assessrnents, water charges. sewer rents and other similiar charges, ground leasehold
payments or rents (if any), hazard or property insurance covering the Property, flood insurance
(if any),and Mortgage Insurance p emiums to be paid by the Lender 10 the Secretary or the
monthly charge by the Secretary instead of the monthly Monthly Insurance premfum, Each
Periodic Payment will include an amount to be applied toward the payment of the following
Items;"
items, which are called "Escrow
(1) The taxes, assessments and other Items which under the Applicable Law may be or
become superior to this Security Instrument as a Lien on the Property. Any claim,
demand or charge that is made against property because an obligation has no1 been
"Lien."
fulfilled is known as a
(2) The leasehold payment or ground tents on the Property (if any);
(3) The premium for insurance covering the Property requ
Preview
FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 EXHIBIT A Defendant Dustin L. Cody Mortgagor by virtue of a Mortgage. Obligor by 11 Kelsey Road virtue of a Note. Record Owner by virtue of a Candor, NY 13743 Deed. Jatona M. Cody Mortgagor by virtue of a Mortgage. Obligor by 11 Kelsey Road virtue of a Note. Record Owner by virtue of a Candor, NY 13743 Deed. Secretary of Housing and Urban Development Subordinate mortgagee by virtue of a 451 Seventh Street, S.W. Mortgage recorded on August 19, 2022 in Washington, DC 20410 Instrument No. 2022-00003733. Terry Ford Lienor by virtue of a judgment docketed 1375 Ridge Road January 15, 2019 in the amount of $3,015.00. Rome, PA 18837 Roger Ford Lienor by virtue of a judgment docketed 1375 Ridge Road January 15, 2019 in the amount of $3,015.00. Rome, PA 18837 Midland Credit Management, Inc. Lienor by virtue of a judgment docketed June 350 Camino De La Reina Suite 100 10, 2022 in the amount of $1,811.31. San Diego, CA 92108 c/o Selip & Stylianou, LLP 199 Crossways Park Drive Woodbury, NY 11797 New York State Department of Motor Vehicles Holder of a New York State Department of 6 Empire State Plaza Room 430 Motor Vehicle lien. Albany, NY 12228 John Doe A fictitious name intending to represent tenants 11 Kelsey Road and/or occupants of the mortgaged premises. Candor, NY 13743 _ 105144-4 FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 EXHIBIT B Note(s): Note from Dustin L. Cody and Jatona M. Cody dated August 10, 2018, in the original Principal amount of $124,896.00 plus interest. Mortgage(s): Mortgage from Dustin L. Cody and Jatona M. Cody to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Priority Mortgage, Inc., dated August 10, 2018, in the original principal amount of $124,896.00, and recorded in the Office of the Clerk of the County of Tioga on August 21, 2018 in Instrument No. 2018-00003620. Said Mortgage was assigned by an Assignment of Mortgage executed on October 2, 2019 and recorded in the Office of the Clerk of the County of Tioga on October 22, 2019 in Instrument No. 2019-00004218. Consolidation(s) and/or Modification(s) (if applicable): Said Mortgage was modified by a Loan Modification Agreement dated April 7, 2020 executed by Dustin L. Cody and Jatona M. Cody and recorded in the Office of the Clerk of the County of Tioga on June 17, 2020 in Instrument No. 2020-00002165. Said Modification Agreement increases the principal balance of the debt to $136,786.24. The capitalized amount is $13,253.96. Said Mortgage was modified by a Loan Modification Agreement dated July 5, 2022 executed by Dustin L. Cody and Jatona M. Cody and recorded in the Office of the Clerk of the County of Tioga on August 19, 2022 in Instrument No. 2022-00003732. Said Modification Agreement decreases the principal balance of the debt to $115,309.89. 105144-4 FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 FHA CaseNumber LOAN# MIN# August 10th, 2018 Binghamton , NEW YORK [Date] [City] [State] 11 Kelsey Road Candor, NY 13743 [Property Address) BORROWER' 1. S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 124,896.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is 1st Priority Mortgage, Inc. 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 and who Holder." is entitled to receive 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 5.625 %. 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 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 October 1st , 2018 . I will make these payments every month until I have paid all of the principal and interest and any other charges described that I may owe under this Note. Each monthly payment will be applied below as of its scheduled due date and will be applied to interest and other items in the order described in the Security Instrument before Principal. If, on September 1st , 2048 , I still owe amounts under this Note, I will pay those Date." amounts in full on that date, which is called the "Maturity I will make my monthly payments at 6000 Sheridan Drive, Williamsville, NY 14221 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. $ 718.97 . 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 is "Prepayment." 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 treated as a partial Prepayment. Page1 or 3 ERective I/21/2015 GCC-3213new-1 (in5) FHA Multistate Fixed Rate Note FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 6. BORROWER'S FAILURE TO PAYAS 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 after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment of principal and interest. 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 monthly payment on the date it is due, I will be in default. (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 mailed to me or deliveredby 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 I am in default at a later time. Holder' (E) Payment of Note 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 prohibited by attorneys' 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 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. 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. 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 under this Note, a Mortgage, Holder 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 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: If all or any part of the Property or any Interest in the Property 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, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Page2 of 3 Effectin I/202015 GCC-3213new-2 fìüt4) FHA Multistate Fixed Rate Note FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Seal) Dustin L Cody -Borrower (Seal) Ja na M Cody -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original only] NMLSR ID:No.: NMLSR (L.O.) ID: (Jennifer Rich) Mortgage Loan Originator: 1st Priority Mortgage, Inc. Page 3 of 3 Ellèctive 1/2I 2015 GCC-3213new-3 (3/17) FHA Multistate Fixed Rate Note FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 1 M O R T G A G E, Inc. www.1stPriorityMortgage.com NMLS#29600 Alfonge to Loan Number Bonower (s) Name: Dustin L Cody Jatona M Cody Address: 11 Kelsey Road Candor, NY 13743 Date of Note: 08/10/2018 Loan Amount: $124,896.00 Pay to the Order of: M & T Bank Without Recourse By: 15 Priority Mortgage, Inc. PAY TO THG OMDER OF Signed: ftächael olleran WN%tRAtNEVSEPRESIDE T Closing Team Leader 1st Inc. Priority Mortgage, Allonge- 07/12/16 6000 Sheridan Drive Williamsville NY 14221 R Equal Lender Housing Office 716-651-5626 Fax 716-651-5640 Toll Free 888-500-9733 ¶ www.1stprioritymor1gage.com Denvelingthe HomeLoan Experienceru FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 Andrea L. Klett, County Clerk 16 Court Street PO Box 307 Owego, NY 13827 (807) 88%8680 Tioga County Clerk Recording Cover Sheet Received From : Return To : Hinman Howard & Kattell Hinman Howard & Kattell 700 Secqrity Mutual Bld 700 SECURITY MUTUAL BLD Binghamton, NY 13901 BINGHAMTON, NY 13901 Method Returned : PICK UP First MORTGAGOR CODY, DUSTIN L First MORTGAGEE MERS AS NOMINEE Index Type : Mortgages Inst # : 2018-00003620 Book : Page : Type of Instrument : Mortgage Type of Transaction : Regular Mortgage Recording Fee: $160.00 The Property affected by this instrument Is situated In Candor (Town), In the Pages : 24 County of Tioga, New York Recording Mortgage Taxes Located : Candor (Town) Property Serial Number : DJ517 Mortgage Amount : $124,896.00 Basic Tax : $624,50 State of New York Local Tax : $0-00 County of Tloga Additional Tax r $0,00 I hereby certify that the within and foregoing was recorded in the Clerk's office for Tioga County, Transportation Auth Tax : $0.00 New York SONYMA : $312.25 On (Recorded Date) : 08/21/2018 County Tax : $0.00 At (Recorded Time) : 3:33:49 PM Total : $936,75 Total Fees : $1,096.75 Doc ID - 0082035300024 Andrea L. KIett, County Clerk WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTION 319 & 316-A(5) OF THE REAL PROPERTY I.AW OF THE STATE OF NEW YORK. 00 NOT DETACH FROM THIS INSTRUMENT Entered By: STOUGHTOND Printed On : 08/21/2018At : 3:34:27PM FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 RECORDAND RETURNTO: Hinman, Howard & Kattell, Up 80 Exchange Street P.O. Box 5250 Binghamton, NY 13902 [5pace Above This Line For Recording Data] Loan No. FHA Case Number: MIN: MORTGAGE PARCEL TAX ID#; WORDS USED OFTEN IN THIS DOCUMENT Instrument." (A) "Security This document, which Is dated August 10th Instrument." 2018 together with all Riders to this document, will be called the "Security "Borrower." (B) Dustin L Cody AND Jatona M Cody whose address Is 101 Paxton Ln , Candor, NY 13743 "Borrower" "I" "me." sometimes will be called and sometimes simply or "MERS" (C) is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that Is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has a malling address of P.O. Box 2026, Flint, MI 48501-2026,and a street address of 1901 E. Voorhees Street, Suite C, Danville, IL 61834. The MERS telephone number is (888) 679-MERS. FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTCACEE OF RECORD. "Lender." (D) 1st Prlodty Mortgage, Inc "Lender." will be called Lender is a corporation or association which exists under the laws of THE STATE OF NEW YORK . Lender's address Is 5000 Sheridan Drive, Williamsville, NY 14221 FHA Security Instrument - New York -MBRS nutstms s p r 2ou FHM3033,·0I ( ) 15) (Pnge I at 19) FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 "Note." (E) The note signed by Borrower and dated August 10th , "Note." 2018 , will be called the The Note shows that I owe Lender ONE HUNDRED TWENTY FOUR THOUSAND EIGHT HUNDRED NINETY SIX AND NO/100 Dollars (U.S. $ 124,896.00 ) plus interest and other amounts that may be payable. I have promised to pay Ihis debt in Periodic Payments and to pay the debt in full by September 1st, 2048 "Property" (F) The property that Is described below In the section title "Description of Properly," "Property." the will be called the "Loan." "Loan" (G) The n1eans 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 Instrument, plus Interest. Secured." (H) "Sums The amounts described below In the section titled "Borrower's Property" Secured." Transfer to Lender of Rights In the sometimes willbe called "Sums "Riders." (I) All Riders attached to this Security lastrument that are signed by Borrower "Riders." will be called The following riders are to be signed by Borrower [check box as applicable]: ¡ Adjustable Rate Rider O Condominium Rider O Planned Unit Development Rider Other(s) [specify] MANUFACTURED HOME RIDER "Applicable Law" n1eans all applicable federal, state and local statutes, (J) controlling regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Assessments" (K) "Community Association Dues, Fees, and means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization- Transfer" (L) "Electronic Funds means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer. or magnetic tape so as to order, lastruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. Items" means those items that are described In Section 3. (M) "Escrow Proceeds" (N) "Miscellaneous means any compensation, settlement, award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (II) condemnation or other taking of all or any part of the Property; (III) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. Insurance" (0) "Mortgage means Insurance protecting Lender against the nonpayment of, or default on, the Loan. Payment" means the (P) "Periodic regularly scheduled amount due for (f) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. "RESPA" means the Real Estate Selilement Procedures Act (12 U.S.C. §2601 et seq.) (Q) and its Implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs applicable to the Loan. FHA Security Instrument -NY NMad s FUM3033-02 ( I }$) (Page2 of 19) FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 the same subject matter. When this Security Instrument refers to a requirement or restriction "RESPA," under Lender intends to abide by that requirement or restriction, even If Is not technically applicable lo the Loan. "Secretary" means the Secretary of the United States Department of Housing and (R) Urban Development or her designee. BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to MERS (solely as norninee for Leader and Leader's successors and assigns) and Its successors and assigns subject to the lerms of this Security Instrument. This means that, by signing this Security Instrument I am giving Lender those rights that are stated in this Security Instrument and also those rights that Applicable 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 fall to: (A) Pay all the amounts that I owe Lender as stated in the Note including; but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument and the Note. I understand and agree that MERS holds only legal title to the rights granted by me In this nominee for Security Instrument, but, if necessary to comply with law or custom, MERS (as Lender and Lender's successors and assigns) has the right: (A) to exercise any or all of those rights, including. but nut limited to, the right to foreclose and sell the Property; and (B) to take any action requiredof Lender including, but not limited to, releasing and canceling this Security Instrument. DESCRIPTION OF THE PROPERTY I give MERS (solely as nominee for Lender and Lenders successors and assigns) rights in the Property described in (A) through (C) below: (A) The Property which Is located at 11 Kelsey Road {S recQ Candor , New York 13743 [City Tom or W1age] [Zip Code) This Property is in TIOGA County. It has the following legal description: SEE ATTACHED SCHEDULE A THIS IS A PURCHASE MONEY MORTGAGE (B) All buildings and other improvements that are located on the Property described in subsection (A) of th(s section; (C) All rights In other property that I have as owner of the Property described in subsection (A) of this secIlon. These rights are known as "easements and appurtenances Property:" attached 10 the (D) All rights that I have In the land which lies In the streets or roads in front of, or next In, the Property described In subsection (A) of this section; FHA Security Instrument .NY msKed sepreamr 2014 FllM)033-03 ( I 15) (Page3 o> 19) FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 (E) All fixtures that are now or in the future will be on the Property described in subsecllons (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in the future; and (G) AU replacements of or additions to the Properly described in subsections (B) through (F) of this section and all Insurance Proceeds of insurance for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. BORROWER' BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that; (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which are of public record. 1 give a general warranty of title to Leader, This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that I have. I promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other promises and agreements that vary in different parts of the country. My promises and agreements are stated in "plain language." COVENANTS I promise and agree with Lender as follows: L Borrower's Promise to Pay. I will pay to Lender on time principal and interest du.e under the Note and any prepayment, late charges and other atnounts due under the Note. 1 will also pay aU announts for Escrow Items under Section 3 of this Security Instrument. Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be made by. (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, drawn upon an Institution whose deposits are insured by a federal agency, instrurnentality. or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location required in the Note, or at another location designated by Lender under Section 14 of this Security Instrument. Lender may return or accept any payment or partial payments if it is for an amount that Is less than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that I may make in the futum and does not waive any of its rights. Londer is not obilgated to apply such lesser payments when it accepts such payments. If interest FRA Security Instrument -NY Pumis!mdSeptenber2014 FH3033-lM (/ 15) thge 4 0N 91 FILED: TIOGA COUNTY CLERK 05/05/2023 01:05 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/05/2023 on principal accrues as if all Periodic Payments had been paid when due, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until ] make payments to bring the Loan current. If I do not do so within a reasonable period of time, Lender will either apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosum No offset or claim which I might have now or in the future against Lender will relieve me from making payments due under the Note and this Security Instrument or keeping all of ray other promises and agreements secured by 1his Security Instrument- 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the monthly charge by the Secretary instead of the monthly mortgage insurance premiums, as required; Second, to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and other hazard insurance premiums, as required. Third, to interest due under the Note; Fourth, to amorization of the principal of the Note; and, Fifth, to late charges due under the Note. Any application of payments, Insurance proceeds. or Miscellaneous Proceeds 10 principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Monthly Payments for Taxes And Insurance. (a) Borrower's Obligations. ! will pay to Lender all amounts necessary lo pay for taxes, assessrnents, water charges. sewer rents and other similiar charges, ground leasehold payments or rents (if any), hazard or property insurance covering the Property, flood insurance (if any),and Mortgage Insurance p emiums to be paid by the Lender 10 the Secretary or the monthly charge by the Secretary instead of the monthly Monthly Insurance premfum, Each Periodic Payment will include an amount to be applied toward the payment of the following Items;" items, which are called "Escrow (1) The taxes, assessments and other Items which under the Applicable Law may be or become superior to this Security Instrument as a Lien on the Property. Any claim, demand or charge that is made against property because an obligation has no1 been "Lien." fulfilled is known as a (2) The leasehold payment or ground tents on the Property (if any); (3) The premium for insurance covering the Property requ