Preview
INDEX NO. E2023004004
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3503985
Book Page CIVIL
Return To: No. Pages: 13
ESTHER S. GABRIEL
333 W. Washington Street Instrument: EXHIBIT(S)
Suite 200
Syracuse, NY 13202 Control #: 202307201301
Index #: E2023004004
Date: 07/20/2023
ESL Federal Credit Union Time: 3:30:57 PM
Shufelt, Eileen M.
John Doe and/or Mary Roe
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MOTT
eD
MONRO OUN NK DM INDEX HOE 222023001004
NYSCEF BOC. NO. 12 RECEIVED NYSCEF: 07/20/2023
EXHIBIT WA”
INDEEXNG E 2823003000004
NYSCEF DOC. NO12_~ RECEIVED NYSCEF: 07/20/2023
L FEDERAL CREDIT UNION
(OME EQUITY LOAN NOTE co
Date: First day of August, 2008
Property Address: 77 WINDSO)
ROCHESTER NY 14612-4228
Promise to Pay: In return for a loan that I have received from ESL Federal Credit Union (“ESL”), I promise to pay
U.S.$ 63,500.00 (this is called the “principa!”), plus interest, to ESL.
Interest: Interest will be charged on the unpaid principal until the full amount of the Principal is paid in full. I will
pay interest at a yearly rate of 8.39%. I will pay this interest rate both before and after any default described in
paragraph 6 below.
Payments: I will pay principal and interest payments not to exceed U.S. $ 550.54 every month.
I will make my monthly payments each month beginning on or before 11/13/08 . I will make these payments
every month until I have paid all of the principal and interest and any other charges that [may owe. My monthly —
payments will be used first to pay interest, then to pay principal, then to pay any late charges. Ifon 10/13/28 Ia
still owe money, I will pay the amount due in full on that date (the “Maturity Date”). Keg
J will make my monthly payments to ESL at its offices or at any other place the lender permits or requires.
Late Charge: If ESL has not received the full amount of any monthly payment by the fifteenth calendar day after the
date it is due, I will pay a late charge to ESL. The amount of the charge will be 2.00% of the full amount of my
monthly payment of principal and interest. I will pay this charge promptly, but only once on each late payment.
Pre-Payment Rights and Obligations: I may prepay the unpaid principal balance of this loan in full or in part at any
time without penalty. A prepayment of principal will not change the due date or the amount of my monthly payments.
understand that ESL has waived or paid certain closing costs for this loan normally paid by me. However, if I pay
off in full my Home Equity Loan (or if I default in the repayment of my Home Equity Loan) before the second
anniversary of the date my loan was funded, I agree to reimburse ESL all closing costs and fees actually incurred or
waived by ESL to open my Home Equity Loan. The closing costs that ESL would be reimbursed include, but are not
limited to, recording, appraisal, flood certification and title abstracting fees. My reimbursement of ESL will not
exceed the actual closing costs and fees incurred and waived by ESL. Any fees I paid ESL to open my Home Equity
Loan will be deducted from my required reimbursement of costs and fees.
Default: If I do not pay the full amount of each monthly payment by the day it becomes due, I will be in default. If!
am in default, ESL will send me a written notice telling me that if I do not pay any overdue amount by a specific date,
ESL may immediately require me to pay all amounts owing under this Note. The date must be at least 30 days after
the date on which the notice is delivered or mailed to me. If ESL has required me to pay immediately in full, ESL will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note, whether or not a lawsuit is
brought; to the extent not prohibited by applicable law. These expenses include, but are not limited to, sonable
attorneys’ fees.
Right of Offset: The law gives ESL the right of offset, which permits ESL to use funds [ have on deposit with ESL to
pay down this or any other debt owed by me to ESL that is in default. ESL will not use funds that ESL is holding as a
trustee (such as funds in an individual retirement account) or funds that are in an account into which social security or
supplemental security income payments are directly deposited, or funds that are otherwise protected by law from
attachment.
Mortgage: In addition to the protections given to ESL under this Note, a Mortgage dated the same date as this Note
protects ESL from possible losses which might result if I do not keep the promises which I make in this Note. The
Mortgage describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. The Mortgage grants ESL the right to take direct legal action against my property
described in the Mortgage (the “Property”) if | am ever in default under the terms of this Note or the Mortgage.
‘630HE HELOAN NOTEpgI 12/03
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FLEE“ MONROE COUNTY CLERK 0772072023 03:29 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023
Notice: Any notice that must be given to me under this Note will be. given by delivering or by mailing the notice by
first class mail to me at the Property address listed above, unless I tell ESL in writing to mail it to me at another
address. Notices to ESL can be mailed by first class mail to ESL Federal Credit Union Administrative Offices, 100
Kings Highway South, Suite 1200, Rochester, New York 14617 or another address ESL may provide.
10. Responsibility of Note Signers: If more than one person signs this Note, each is individually
and fully obligated for
the payment in full of any amounts due under it and to keep all promises made in it,.ESL 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.
11 If | Sell the Property: ESL may require immediate payment in full of all money under this Note secured by the
Mortgage, or if any right in the. Property is sold without ESL’s prior written permission. .This means ‘tha someone
buying the Property cannot assume the terms: of this Note.or the Mortgage.
By signing below, | accept and agree to all terms contained in this Note.
oa: 524-06 Sos
EILI MSAUPELT BlenM
Date:
Co-Borrower
STATE OF NEW YORK)
88:
COUNTY 0!
On of \ befgreige, e. undersigned, a Notary Public in ‘and for said state,
personally appeared “EILEEN S. personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged
tome that _he’ executed the same in his/her capacity, and that by his/her signature.on the instrument, the individual, orthe -
person upon behalf of which the individual acted, executed the instrament,
TT
bow Ata
Notary Public 1
SABINE TAYLOR,
Notary Public, Stata of New York
No. OVTAS069548
AYO) (0
Qualified in Monroe County,
My Commission Expires Nov. 26,S2>¢
STATE OF NEW YORK)
$8:
COUNTY OF )
On the _. day of 200__ before me, the undersigned, a Notary Public in and for said state,
personally appeared personally known.to me or proved to me-on
the basis of satisfactory evidence to-be
t the individual whose name is‘subscribed to the within instrument and acknowledged
tome that _he_ executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
Notary Public
“
Sign and return to ESL Page I of 2
Sud Nee
MONRO OUN kK DIV INDEEXNG E 2823003000004
NYSCEP BOC. NO. 12 RECEIVED NYSCEF: 07/20/2023
ae
a“
‘MONROE COUNTY CLERK'S OFFICE
Receipt # 29917
Index MORTGAGES
Return To:
BOX 204 Book 22009 Page 85
No. Pages : 9
Instrument CREDIT UNION SINGLE OR
TWO FAMILY DWELLING
Date : 09/11/2008
Time : 03:21:26PM
Control # 200809110871
SHUFELT,EILEEN M
SHUFET, EILEEN M
Mortgage # MCZ014413
ESL FEDERAL CREDIT UNION
Employee + RachelR
MORTGAGE TAX
COUNTY FEE NUMBER PAGES 27.00 MORTGAGE AMOUNT $ 63,500.00
COUNTY FEE W/MTG AFFIDAVIT 13.00
MORTGAGE TAX GREECE 317.50 BASIC MORTGAGE TAX $ 317.50
STATE FEE CULTURAL EDUCATION 14.25
STATE FEE RECORDS MANAGEMENT 4.75 SPEC ADDIT. MTG TAK $ 0.00
TRANS AUTHORITY MTG TAX 133.75
ADDITIONAL MTG TAX $ 133.75
Total $ 451.25
Total 510.25
State of New York
MONROE COUNTY CLERK'S OFFICE
CHERYL DINOLFO
MONROE COUNTY CLERK
CANTATA IMU UAT
/
LT1~1-200809110871-1 UT2-22009-85-9
INDEEXNG E 2823003000004
NYSCEF boc. NO. 12 RECEIVED NYSCEF: 07/20/2023
After Recording Return To:
. ESL Federal Credit Union ™ o
’
«* 100 Kings Highway South oe
Rothieiter, NY 14617 & eeeo
a
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hi?
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&
Box 204 -Record and Return to Lender
[Space Above This Line for Recording Date]
HOME EQUITY LOAN MORTGAGE
DEFINITIONS
(A) “Mortgage.” This document, which is dated _ First day of August, 2008 , Will be called the
“Mortgage:”
(B)“Owner.” siteenmsnurent ALA Zilenm Shufet-
sometimes will be called “Owner” and sometimes simply “I” or “me.”
(C) “Borrower.” Anyone who only signs the Note as defined below will be called the Borrower.
(C) “Lender.” ESL FEDERAL CREDIT UNION will be called “Lender.” Lender is a corporation which exists
under the laws of the United States. Lender’s addréss is 100 Kings Highway South, Suite 1200, Rochester, NY
14617,
08/01/08
(D) “Note.” The Home Equity Note dated
will be called the “Note.” The Note shows I owe Lender $ “oe extensions, modifications and renewals thereof
500.00 _plus interest, I have promised to pay
this debt in monthly payments and to pay the debt in full by _ 10/13/28
(E) “Property.” The property that is described below in the section titled “Description of the Property,” will be
called the “Property.”
(F) “Sums Secured.” The amounts described below in the section titled “Borrower's Transfer to Lender of Rights in
the Property” sometimes will be called the “sums secured.”
BORROWER’S 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 fail to:
(A) Pay any or all the amounts that I owe Lenderas stated in ‘ithe Note;
(B) Pay, with interest, any amounts that Lender spends under Paragraphs 2 and 7 of this Mortgage 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 Mortgage.
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DESCRIPTION OF THE PROPERTY
1 give Lender rights in the Property described in (A) through (G) below:
(A) The Property is located at
77 WINDSOR RD ROCHESTER NY 14612-4228
It has the following legal description:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Greece, County of _
Monroe and State of New York, bounded and described as follows: Being part of Town
Lots 19, 20 and 23 of the 2™ Division of Lots in Township No. 2 in the Short Range:and
known as Lot No. 54 on a map of Subdivision of Lake View Gardens made July 21, 1921
filed in the Monroe County Clerk’s Office in Liber 47 of Maps, page 26,
TAX MAP NO: 0650.08-2-26 single.
The real property covered by this mortgage is or will be iimproved by a one or two family owner-occupied.
residence or dwelling.
(B) All buildings and other improvements located on the Property;
(C) All rights in other property that I have as owner of the Property known as easements, rights ahi appurtenarices
attached to the Property;
(D)‘All rights that I have in the land which lies in thé streets ‘or roads in front of ‘or next to, the Property;
(E) All fixtures on the Property;
«) AJl of the rights and property described in (B) through (B) that I acquire in the future;
(G) All replacements of or additions to the Property described in.(B) through ().
RIGHT TO MORTGAGE THE PROPERTY AND OBLIGATION TO DEFEND OWNERSHIP OF THE
PROPERTY
I promise that: (A) I lawfully own the Property; (B):1 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,
I give a general warranty of title to Lender, ‘rhe eas thai Twill be fully responsible for any losses which Lender.
suffers because someone other than myself has some of the rights in:the Property which | promise that Ihave. I -
promise that I will defendmy ownership of the Property against any claims of such tights.
PLAIN LANGUAGE MORTGAGE
This Mortgage contains promises and agreements used in real property mortgages-all over the country. It contains
other promises and agreements that vary from state to state. All my promises and agreements are stated in plain
language,
‘HE_LOAN mupg2 S704 Page 20f8
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023
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:
ve ( ,
—, COVENANTS cy
“
. ¥ I promise'and agree with Lender as follows:
1. BORROWER’S PROMISE TO PAY
Borrower will pay to Lender on time principal and interest due under the Note and any prepayment and late charges
due under the Note.
2. MONTHLY PAYMENT FOR TAXES AND INSURANCE
Currently I will not pay to Lender under the terms of this Mortgage but will pay on my own the following items
(“Escrow Items”):
Real estate taxes (including any re-levied taxes, water charges and similar charges).
Sewer rents,
Any charges and fines that are or may be imposed on the Property such as homeowner’s association or
condominium association assessments.
Hazard (also called property or homeowners’) insurance,
Flood insurance, if required.
If1 fail to pay any or all of the Escrow Items or pay any or all Escrow Items after their due dates, Lender shall have
the right to pay such unpaid or delinquent Escrow Items and collect the amounts Lender paid through my monthly
payments. If Lender requires payments of any or all of the Escrow Items, Lender will inform me of this decision.
Lender will at that time disclose to me the information required by law to be given to me about how my escrow will
function, including the amount I will be required to pay Lender monthly for the Escrow Items.
3. APPLICATION OF PAYMENTS
Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1
and 2 above in the following order and for the following purposes:
First, to pay the amounts due to Lender for Escrow Items;
‘Next, to pay interest due;
Next to pay principal due;
Next to pay any late charges or fees due under the Note; and
Finally to reduce the principal balance under the Note
4, CHARGES, ASSESSMENTS AND CLAIMS
I will keep all promises that I have made in any superior mortgage, including any promises to make payments when
due. I will pay all taxes, dues, assessments, water charges and other similar charges, sewer rents, and any other
charges and fines that may be imposed on the Property, I will do this either by making the payments on time to the
person owed them or by making the payments to Lender that are described in Paragraph 2 above, if] am required to
make payments under Paragraph 2. If I make payment to Lender, I will give Lender all notices or bills that I receive
for the amounts due under this Paragraph.
I will promptly pay or satisfy all liens against the Property. If Lender determines that any part of the Property is
subject to a superior lien, Lender may give Borrower a notice identifying the superior lien. Borrower shall pay or
satisfy the superior lien or take one or more of the actions in good faith to set aside the lien within 10 days of giving
of notice.
5, HAZARD INSURANCE OR PROPERTY INSURANCE
I will obtain and maintain hazard or property insurance to cover all buildings and other improvements that now are
or in tho future will be located on the Property until the debt of the Note is paid in full. The insurance must cover
loss or damage caused by fire, hazards normally covered by “extended coverage” hazard insurance policies and
other hazards for which Lender requires coverage, including floods and flooding. If I do not maintain the insurance
coverage described above, Lender may obtain insurance coverage to protect Lender’s rights in the Property in
accordance with Paragraph 7 below. A “blanket” or “master” policy obtained by a homeowners’ association or a
condominium association will be acceptable to meet this obligation if all other terms of this Paragraph are met.
All of the insurance policies and renewals of those policies must include what is known as a “standard mortgage
clause” to protect Lender. If Lender requires, I will promptly give Lender all receipts of paid premiums and renewal
notices that I receive.
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If there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not
promptly prove to the insurance company that the loss or damage occurred, then Lender may do so. The amount
paid by the insurance company is called “proceeds.” If repair or restoration of the Property is not economically »
feasible or would lessen Lender’s protection under this Mortgage, then the proceeds will be used to reduce the
amount that I owe to Lender under the Note. If any of the proceeds remain after the amount that I owe to Lender has
been paid in full, the remaining proceeds will be paid to me.
If any proceeds are used to reduce the amount of principal which I owe to Lender under the Note, that use wilt not
delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs | and
2 above.
If Lender acquires the Property under Paragraph 18 below, all of my rights in the insurance policies will belong to
Lender. Also, all of my rights in any proceeds which are paid because of damage that occurred before the Property
is acquired by Lender or sold will belong to Lender. However, Lender’s rights in those proceeds will not be greater
than the Sums Secured immediately before the Property is acquired by Lender or sold. ,
6. OCCUPY, MAINTAIN AND PROTECT THE PROPERTY; BORROWER’S LOAN APPLICATION
I will occupy the Property and use the Property as my principal residence or as my second home. Twill keep the
Property in good repair. I will not destroy, damage or harm the Property, and I will not allow the Property to
deteriorate.
1 will not permit hazardous substances to be present on the Property. I, will not use or store hazardous substances on
the Property, and I will not allow anyone else to do so. I also will not dispose of hazardous substances on the
Property, or release any hazardous substance on the Property, and I will not allow anyone else to do so. However, I
may permit the presence on the Property of small quantities of hazardous substances that are generally recognized as
appropriate for normal residential use and maintenance of the Property, and J may use or store these small quantities
on the Property.
I will be in default under this Mortgage if any forfeiture action or proceeding whether civil or criminal is begun that
Lender determines, in good faith, could result in a court ruling that could require forfeiture of the Property or could
materially impair the lien of this Mortgage. I may correct the default by obtaining a court ruling that dismisses the
action or proceeding, if Lender determines, in good faith, that this court ruling prevents forfeiture of my interests in
the Property or any material impairment of the lien created by this Mortgage.
If, during the application process for the loan evidenced by the Note I gave materially false or inaccurate
information or statements to Lender, Lender will treat my actions as a default under this Mortgage.
7, LENDER’S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY
If: (A) I do not keep my promises and agreements made in this Mortgage or in a prior mortgage, or (B) someone,
including me, begins a legal proceeding that may significantly affect Lender’s rights in the Property, Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender’s rights in the Property. Lender’s
action may include appearing in court, paying reasonable attorney’s fees, entering on the Property to make repairs
and making payments to the holder of any superior mortgage. Lender must give me notice before Lender takes any
of these actions, Although Lender may. take action under this Paragraph, Lender does not have to do so.
I will pay to Lender any amounts, with interest, which Lender spends under this Paragraph. I will pay those
amounts to Lender when Lender sends me a notice requesting that I do so. I will pay interest on those amounts at the
Note rate. Interest on each amount will begin on the date that the amount is spent by Lender. This Security
Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest. This Mortgage
will protect Lender in case I do not keep this promise to pay those amounts with interest.
8, LENDER’S RIGHT TO INSPECT THE PROPERTY
Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable
manner and at reasonable times. Before or at the time an inspection is made, Lender must give me notice statin, ga
reasonable purpose for the inspection,
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9. CONDEMNATION OF TH” ROPERTY
A taking of property by any gove...nental authority by eminent domain is known a> “condemnation.” I give to
. Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other
governmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid
condemnation. All of these proceeds will be paid to Lender, subject to the terms of any superior mortgage.
If only a part of the Property is taken, and the fair market value of the Property immediately before the taking either
is equal to, or greater than, the amount of the Sums Secured immediately before the taking, the amount that I owe to
Lender will be reduced only by the amount of proceeds multiplied by a fraction. That fraction is as follows: (A) the
total amount of the Sums Secured immediately before the taking, divided by (B) the fair market value of the
Property immediately before the taking. The remainder of the proceeds will be paid to me.
If only a part of the Property is taken, and the fair market value of the Property immediately before the taking is less
than the amount of the Sums Secured immediately before the taking, the proceeds will be used to reduce the Sums
Secured, ‘
If1 abandon the Property, or if I do not answer within 30 days a notice from Lender stating that a governmental
authority has offered to make payment or to settle a claim for damages, Lender has the authority to collect the
proceeds, Lender may then use the proceeds to repair or restore the Property or to reduce the Sums Secured, The 30-
day period will begin When the notice is given,
If any proceeds are used to reduce the amount of principal which I owe.to Lender under the Note, that use will not
delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs 1 and
2 above,
LENDER’S RIGHTS
Even if Lender does not exercise or enforce one of its rights under this Mortgage or under the law, Lender will retain
all of those rights and may exercise and enforce them in the future. Even if Lender obtains insurance, pays taxes, or
pays other claims, charges or liens against the Property, Lender will have the right under Paragraph 18 below to
demand that I make immediate payment in full of the amount that I owe to Lender under the Note and under this
Mortgage.
11, OBLIGATIONS OF BORROWER AND OWNER
If more than one person signs this Mortgage, each of us is obligated to keep promises and obligations contained in
this Mortgage. Lender may enforce Lender’s rights under this Mortgage against each of us individually or against all
of us together. This means that one of us may be required to pay all of the Sums Secured.
However, if one of us does not sign the Note: (A) that person is signing this Mortgage only to give that person’s
rights in the Property to Lender under the terms of this Mortgage; (B) that person is not personally obligated to pay
the Sums Secured; and (C) that person agrees that Lender may agree with any Borrower to delay enforcing any of
Lender’s rights or to modify or make any accommodations with regard to the terms of this Mortgage or the Note
without that person’s consent.
12. LOAN CHARGES
If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed
the permitted limits: (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 Borrower which exceeded permitted limits will be
refunded, Lender may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower.
13, NOTICES
Any notice that must be given to me will be given by delivering it or by mailing it by first class mail to me at the
Property address listed above, unless I tell ESL in writing to mail it to me at another address. Notices to-ESL can be
mailed by first class mail to ESL Federal Credit Union, 100 Kings Highway South, Suite 1200, Rochester, New
York 14617 or another address ESL may provide.
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14, LAW THAT GOVERNS THIS MORTGAGE
This Mortgage is governed by federal and New York State law. If any term of this Mortgage or of the Note conflicts.
with the law, all other terms of this Mortgage and of the Note will still remain in effect if ‘they can be given effect
without the conflicting term. This means that any terms of this Mortgage and of the Note which conflict with the law
can be separated from the remaining terms, and the remaining terms will still be enforced.
15. COPY
I will be given one copy of the Note and this Mortgage. /
16. LENDER’S RIGHTS If THE PROPERTY IS SOLD OR TRANSFERRED
Lender may require immediate payment in full of all Sums Secured by this ‘Mortgage 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 Lender
requires immediate payment in full under this Paragraph, Lender will give me a notice which states this requirement.
The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the
notice is mailed or delivered. If I do not make the required payment during that period, Lender may act to enforce its
rights under this Mortgage without giving me any further notice or demand for payment.
17. BORROWER’S RIGHT TO HAVE LENDER’S ENFORCEMENT OF THIS MORTGAGE
DISCONTINUED ‘
Even if Lender has required immediate payment in full, ] may have the right to have enforcement of this Mortgage
discontinued: I will have this right at any time before sale of the Property under any power of sale granted by this
Mortgage or at any time before a judgment has been entered enforcing this Mortgage if I meet the following
conditions:
(A) I pay to Lender the full amount that would have been due under this Mortgage and the Note if. Lender had not
required immediate payment in full; and :
(B) I correct my failure to keep any of my other promises or agreement ‘made in this Mortgage; and
(©) [pay all of Lender’s reasonable expenses in enforcing this Mortgage includin, iB, for example, reasonable
attomeys’ fees; and
(@) I do whatever Lender reasonably requires to assure that Lender’s rights in the Property, Lender’s rights under
this Mortgage, and my obligations under the Note and under this Mortgage continue unchanged.
If I fulfill all of the conditions in this Paragraph, then the Note and this Mortgage will remain in full effect as if
immediate payment in full had never been required. However, I will not have the right to have Lender’s
enforcement of this Mortgage discontinued if Lender has required immediate payment in full under Paragraph 16
above.
18, LENDER’S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS
Except as provided in Paragraph 16 above, if all of the conditions stated in subparagraphs (A), (B) and (C) of
this Paragraph are met, Lender may require that I pay immediately the entire amount then remaining
unpaid under the Note and under this Mortgage. Lender may do this without making any further demand
for payment. This requirement is called “immediate payment in full.”
If Lender requires immediate payment in full, Lender may bring a lawsuit to take away all of my remaining
rights in the Property and have the Property sold. At this sale Lender or another person may,acquire.the
Property. This is known as “foreclosure and sale.” In any lawsuit for foreclosure and sale, Lender will have
the right to collect all costs and disbursements and additional allowances allowed by law and will have the
right to add all reasonable attorneys’ fees to the amount I owe Lender, which fees shall become part-of the
Sums Secured,
‘SHBLLOAN migpes 5/04 Page 60/8
* < .
So _
ao
INDEEXNG E 2823003000004
NYS€EF DOC - NO. 12 RECEIVED NYSCEF: 07/20/2023
vment in full under this Paragraph only if” {the fo owing conditions
Lender may require immediate’
- # ake met:
. > +
ge, including the promise to pay when due
. Ww I fail to keep any promise or agreement made in this Mortga
the Sums Secured. a notice that states:
@B) Lender se nds to me, in the manner described in Paragraph 13 above,
I failed to keep;
@ The promise or agreement that
ii) The action that I must take to correct that default; the date on
Gi) A date by which I must correct the default. That date must be at le: ast 30 days from
which the notice is given;
stated in the notice, Lender may require
(iv) That if I do not correct the default by theor date
another person may acquire the Property by means
immediate payment in full, and Lender
of foreclosure and sale;
I will have the right to have
wv) ‘That if I meet the conditions stated in Paragraph 1’ 7 above,
and this Mortgage
Lender’s enforcement of this Mortgage discontinue: «1 and to have the Note ed; and
nt in full had never been requir
remain fully effect! ive as if immediate payme
that I did keep my
wi That I have the right in any lawsuit for foreclosi ure and sale to argue defenses that I may
promises and agreeme nts under this Mortgage, and to present any other
have.
the date stated in that notice.
(©) I do not correct the default stated in the notice from Lender by
19, LENDER’S OBLIGATION TO DISCHARGE THIS MORTGAGE
this Mortgage, Lender will disch
Preview
INDEX NO. E2023004004 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3503985 Book Page CIVIL Return To: No. Pages: 13 ESTHER S. GABRIEL 333 W. Washington Street Instrument: EXHIBIT(S) Suite 200 Syracuse, NY 13202 Control #: 202307201301 Index #: E2023004004 Date: 07/20/2023 ESL Federal Credit Union Time: 3:30:57 PM Shufelt, Eileen M. John Doe and/or Mary Roe Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MOTT eD MONRO OUN NK DM INDEX HOE 222023001004 NYSCEF BOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 EXHIBIT WA” INDEEXNG E 2823003000004 NYSCEF DOC. NO12_~ RECEIVED NYSCEF: 07/20/2023 L FEDERAL CREDIT UNION (OME EQUITY LOAN NOTE co Date: First day of August, 2008 Property Address: 77 WINDSO) ROCHESTER NY 14612-4228 Promise to Pay: In return for a loan that I have received from ESL Federal Credit Union (“ESL”), I promise to pay U.S.$ 63,500.00 (this is called the “principa!”), plus interest, to ESL. Interest: Interest will be charged on the unpaid principal until the full amount of the Principal is paid in full. I will pay interest at a yearly rate of 8.39%. I will pay this interest rate both before and after any default described in paragraph 6 below. Payments: I will pay principal and interest payments not to exceed U.S. $ 550.54 every month. I will make my monthly payments each month beginning on or before 11/13/08 . I will make these payments every month until I have paid all of the principal and interest and any other charges that [may owe. My monthly — payments will be used first to pay interest, then to pay principal, then to pay any late charges. Ifon 10/13/28 Ia still owe money, I will pay the amount due in full on that date (the “Maturity Date”). Keg J will make my monthly payments to ESL at its offices or at any other place the lender permits or requires. Late Charge: If ESL has not received the full amount of any monthly payment by the fifteenth calendar day after the date it is due, I will pay a late charge to ESL. The amount of the charge will be 2.00% of the full amount of my monthly payment of principal and interest. I will pay this charge promptly, but only once on each late payment. Pre-Payment Rights and Obligations: I may prepay the unpaid principal balance of this loan in full or in part at any time without penalty. A prepayment of principal will not change the due date or the amount of my monthly payments. understand that ESL has waived or paid certain closing costs for this loan normally paid by me. However, if I pay off in full my Home Equity Loan (or if I default in the repayment of my Home Equity Loan) before the second anniversary of the date my loan was funded, I agree to reimburse ESL all closing costs and fees actually incurred or waived by ESL to open my Home Equity Loan. The closing costs that ESL would be reimbursed include, but are not limited to, recording, appraisal, flood certification and title abstracting fees. My reimbursement of ESL will not exceed the actual closing costs and fees incurred and waived by ESL. Any fees I paid ESL to open my Home Equity Loan will be deducted from my required reimbursement of costs and fees. Default: If I do not pay the full amount of each monthly payment by the day it becomes due, I will be in default. If! am in default, ESL will send me a written notice telling me that if I do not pay any overdue amount by a specific date, ESL may immediately require me to pay all amounts owing under this Note. The date must be at least 30 days after the date on which the notice is delivered or mailed to me. If ESL has required me to pay immediately in full, ESL will have the right to be paid back by me for all of its costs and expenses in enforcing this Note, whether or not a lawsuit is brought; to the extent not prohibited by applicable law. These expenses include, but are not limited to, sonable attorneys’ fees. Right of Offset: The law gives ESL the right of offset, which permits ESL to use funds [ have on deposit with ESL to pay down this or any other debt owed by me to ESL that is in default. ESL will not use funds that ESL is holding as a trustee (such as funds in an individual retirement account) or funds that are in an account into which social security or supplemental security income payments are directly deposited, or funds that are otherwise protected by law from attachment. Mortgage: In addition to the protections given to ESL under this Note, a Mortgage dated the same date as this Note protects ESL from possible losses which might result if I do not keep the promises which I make in this Note. The Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. The Mortgage grants ESL the right to take direct legal action against my property described in the Mortgage (the “Property”) if | am ever in default under the terms of this Note or the Mortgage. ‘630HE HELOAN NOTEpgI 12/03 Sign and Return to ESL Page 1 of 2 INDEEXNG E 2823003000004 FLEE“ MONROE COUNTY CLERK 0772072023 03:29 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 Notice: Any notice that must be given to me under this Note will be. given by delivering or by mailing the notice by first class mail to me at the Property address listed above, unless I tell ESL in writing to mail it to me at another address. Notices to ESL can be mailed by first class mail to ESL Federal Credit Union Administrative Offices, 100 Kings Highway South, Suite 1200, Rochester, New York 14617 or another address ESL may provide. 10. Responsibility of Note Signers: If more than one person signs this Note, each is individually and fully obligated for the payment in full of any amounts due under it and to keep all promises made in it,.ESL 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. 11 If | Sell the Property: ESL may require immediate payment in full of all money under this Note secured by the Mortgage, or if any right in the. Property is sold without ESL’s prior written permission. .This means ‘tha someone buying the Property cannot assume the terms: of this Note.or the Mortgage. By signing below, | accept and agree to all terms contained in this Note. oa: 524-06 Sos EILI MSAUPELT BlenM Date: Co-Borrower STATE OF NEW YORK) 88: COUNTY 0! On of \ befgreige, e. undersigned, a Notary Public in ‘and for said state, personally appeared “EILEEN S. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged tome that _he’ executed the same in his/her capacity, and that by his/her signature.on the instrument, the individual, orthe - person upon behalf of which the individual acted, executed the instrament, TT bow Ata Notary Public 1 SABINE TAYLOR, Notary Public, Stata of New York No. OVTAS069548 AYO) (0 Qualified in Monroe County, My Commission Expires Nov. 26,S2>¢ STATE OF NEW YORK) $8: COUNTY OF ) On the _. day of 200__ before me, the undersigned, a Notary Public in and for said state, personally appeared personally known.to me or proved to me-on the basis of satisfactory evidence to-be t the individual whose name is‘subscribed to the within instrument and acknowledged tome that _he_ executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public “ Sign and return to ESL Page I of 2 Sud Nee MONRO OUN kK DIV INDEEXNG E 2823003000004 NYSCEP BOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 ae a“ ‘MONROE COUNTY CLERK'S OFFICE Receipt # 29917 Index MORTGAGES Return To: BOX 204 Book 22009 Page 85 No. Pages : 9 Instrument CREDIT UNION SINGLE OR TWO FAMILY DWELLING Date : 09/11/2008 Time : 03:21:26PM Control # 200809110871 SHUFELT,EILEEN M SHUFET, EILEEN M Mortgage # MCZ014413 ESL FEDERAL CREDIT UNION Employee + RachelR MORTGAGE TAX COUNTY FEE NUMBER PAGES 27.00 MORTGAGE AMOUNT $ 63,500.00 COUNTY FEE W/MTG AFFIDAVIT 13.00 MORTGAGE TAX GREECE 317.50 BASIC MORTGAGE TAX $ 317.50 STATE FEE CULTURAL EDUCATION 14.25 STATE FEE RECORDS MANAGEMENT 4.75 SPEC ADDIT. MTG TAK $ 0.00 TRANS AUTHORITY MTG TAX 133.75 ADDITIONAL MTG TAX $ 133.75 Total $ 451.25 Total 510.25 State of New York MONROE COUNTY CLERK'S OFFICE CHERYL DINOLFO MONROE COUNTY CLERK CANTATA IMU UAT / LT1~1-200809110871-1 UT2-22009-85-9 INDEEXNG E 2823003000004 NYSCEF boc. NO. 12 RECEIVED NYSCEF: 07/20/2023 After Recording Return To: . ESL Federal Credit Union ™ o ’ «* 100 Kings Highway South oe Rothieiter, NY 14617 & eeeo a “oS hi? oe 1S G & Box 204 -Record and Return to Lender [Space Above This Line for Recording Date] HOME EQUITY LOAN MORTGAGE DEFINITIONS (A) “Mortgage.” This document, which is dated _ First day of August, 2008 , Will be called the “Mortgage:” (B)“Owner.” siteenmsnurent ALA Zilenm Shufet- sometimes will be called “Owner” and sometimes simply “I” or “me.” (C) “Borrower.” Anyone who only signs the Note as defined below will be called the Borrower. (C) “Lender.” ESL FEDERAL CREDIT UNION will be called “Lender.” Lender is a corporation which exists under the laws of the United States. Lender’s addréss is 100 Kings Highway South, Suite 1200, Rochester, NY 14617, 08/01/08 (D) “Note.” The Home Equity Note dated will be called the “Note.” The Note shows I owe Lender $ “oe extensions, modifications and renewals thereof 500.00 _plus interest, I have promised to pay this debt in monthly payments and to pay the debt in full by _ 10/13/28 (E) “Property.” The property that is described below in the section titled “Description of the Property,” will be called the “Property.” (F) “Sums Secured.” The amounts described below in the section titled “Borrower's Transfer to Lender of Rights in the Property” sometimes will be called the “sums secured.” BORROWER’S 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 fail to: (A) Pay any or all the amounts that I owe Lenderas stated in ‘ithe Note; (B) Pay, with interest, any amounts that Lender spends under Paragraphs 2 and 7 of this Mortgage 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 Mortgage. 632HE HFLOAN migpyl $704 ESL Copy Page tof 8 INDEEXNG E 2823003000004 NYSCEF“DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 DESCRIPTION OF THE PROPERTY 1 give Lender rights in the Property described in (A) through (G) below: (A) The Property is located at 77 WINDSOR RD ROCHESTER NY 14612-4228 It has the following legal description: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Greece, County of _ Monroe and State of New York, bounded and described as follows: Being part of Town Lots 19, 20 and 23 of the 2™ Division of Lots in Township No. 2 in the Short Range:and known as Lot No. 54 on a map of Subdivision of Lake View Gardens made July 21, 1921 filed in the Monroe County Clerk’s Office in Liber 47 of Maps, page 26, TAX MAP NO: 0650.08-2-26 single. The real property covered by this mortgage is or will be iimproved by a one or two family owner-occupied. residence or dwelling. (B) All buildings and other improvements located on the Property; (C) All rights in other property that I have as owner of the Property known as easements, rights ahi appurtenarices attached to the Property; (D)‘All rights that I have in the land which lies in thé streets ‘or roads in front of ‘or next to, the Property; (E) All fixtures on the Property; «) AJl of the rights and property described in (B) through (B) that I acquire in the future; (G) All replacements of or additions to the Property described in.(B) through (). RIGHT TO MORTGAGE THE PROPERTY AND OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (A) I lawfully own the Property; (B):1 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, I give a general warranty of title to Lender, ‘rhe eas thai Twill be fully responsible for any losses which Lender. suffers because someone other than myself has some of the rights in:the Property which | promise that Ihave. I - promise that I will defendmy ownership of the Property against any claims of such tights. PLAIN LANGUAGE MORTGAGE This Mortgage contains promises and agreements used in real property mortgages-all over the country. It contains other promises and agreements that vary from state to state. All my promises and agreements are stated in plain language, ‘HE_LOAN mupg2 S704 Page 20f8 INDEEXNG E 2823003000004 FEL = MONROE COUNTY CLERK 0772072023 03:29 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20/2023 * : ve ( , —, COVENANTS cy “ . ¥ I promise'and agree with Lender as follows: 1. BORROWER’S PROMISE TO PAY Borrower will pay to Lender on time principal and interest due under the Note and any prepayment and late charges due under the Note. 2. MONTHLY PAYMENT FOR TAXES AND INSURANCE Currently I will not pay to Lender under the terms of this Mortgage but will pay on my own the following items (“Escrow Items”): Real estate taxes (including any re-levied taxes, water charges and similar charges). Sewer rents, Any charges and fines that are or may be imposed on the Property such as homeowner’s association or condominium association assessments. Hazard (also called property or homeowners’) insurance, Flood insurance, if required. If1 fail to pay any or all of the Escrow Items or pay any or all Escrow Items after their due dates, Lender shall have the right to pay such unpaid or delinquent Escrow Items and collect the amounts Lender paid through my monthly payments. If Lender requires payments of any or all of the Escrow Items, Lender will inform me of this decision. Lender will at that time disclose to me the information required by law to be given to me about how my escrow will function, including the amount I will be required to pay Lender monthly for the Escrow Items. 3. APPLICATION OF PAYMENTS Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1 and 2 above in the following order and for the following purposes: First, to pay the amounts due to Lender for Escrow Items; ‘Next, to pay interest due; Next to pay principal due; Next to pay any late charges or fees due under the Note; and Finally to reduce the principal balance under the Note 4, CHARGES, ASSESSMENTS AND CLAIMS I will keep all promises that I have made in any superior mortgage, including any promises to make payments when due. I will pay all taxes, dues, assessments, water charges and other similar charges, sewer rents, and any other charges and fines that may be imposed on the Property, I will do this either by making the payments on time to the person owed them or by making the payments to Lender that are described in Paragraph 2 above, if] am required to make payments under Paragraph 2. If I make payment to Lender, I will give Lender all notices or bills that I receive for the amounts due under this Paragraph. I will promptly pay or satisfy all liens against the Property. If Lender determines that any part of the Property is subject to a superior lien, Lender may give Borrower a notice identifying the superior lien. Borrower shall pay or satisfy the superior lien or take one or more of the actions in good faith to set aside the lien within 10 days of giving of notice. 5, HAZARD INSURANCE OR PROPERTY INSURANCE I will obtain and maintain hazard or property insurance to cover all buildings and other improvements that now are or in tho future will be located on the Property until the debt of the Note is paid in full. The insurance must cover loss or damage caused by fire, hazards normally covered by “extended coverage” hazard insurance policies and other hazards for which Lender requires coverage, including floods and flooding. If I do not maintain the insurance coverage described above, Lender may obtain insurance coverage to protect Lender’s rights in the Property in accordance with Paragraph 7 below. A “blanket” or “master” policy obtained by a homeowners’ association or a condominium association will be acceptable to meet this obligation if all other terms of this Paragraph are met. All of the insurance policies and renewals of those policies must include what is known as a “standard mortgage clause” to protect Lender. If Lender requires, I will promptly give Lender all receipts of paid premiums and renewal notices that I receive. Page 3 of8 HE,LOAN migpg3 5/04 \ INDEEXNG E 2823003000004 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/20y2023 If there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred, then Lender may do so. The amount paid by the insurance company is called “proceeds.” If repair or restoration of the Property is not economically » feasible or would lessen Lender’s protection under this Mortgage, then the proceeds will be used to reduce the amount that I owe to Lender under the Note. If any of the proceeds remain after the amount that I owe to Lender has been paid in full, the remaining proceeds will be paid to me. If any proceeds are used to reduce the amount of principal which I owe to Lender under the Note, that use wilt not delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs | and 2 above. If Lender acquires the Property under Paragraph 18 below, all of my rights in the insurance policies will belong to Lender. Also, all of my rights in any proceeds which are paid because of damage that occurred before the Property is acquired by Lender or sold will belong to Lender. However, Lender’s rights in those proceeds will not be greater than the Sums Secured immediately before the Property is acquired by Lender or sold. , 6. OCCUPY, MAINTAIN AND PROTECT THE PROPERTY; BORROWER’S LOAN APPLICATION I will occupy the Property and use the Property as my principal residence or as my second home. Twill keep the Property in good repair. I will not destroy, damage or harm the Property, and I will not allow the Property to deteriorate. 1 will not permit hazardous substances to be present on the Property. I, will not use or store hazardous substances on the Property, and I will not allow anyone else to do so. I also will not dispose of hazardous substances on the Property, or release any hazardous substance on the Property, and I will not allow anyone else to do so. However, I may permit the presence on the Property of small quantities of hazardous substances that are generally recognized as appropriate for normal residential use and maintenance of the Property, and J may use or store these small quantities on the Property. I will be in default under this Mortgage if any forfeiture action or proceeding whether civil or criminal is begun that Lender determines, in good faith, could result in a court ruling that could require forfeiture of the Property or could materially impair the lien of this Mortgage. I may correct the default by obtaining a court ruling that dismisses the action or proceeding, if Lender determines, in good faith, that this court ruling prevents forfeiture of my interests in the Property or any material impairment of the lien created by this Mortgage. If, during the application process for the loan evidenced by the Note I gave materially false or inaccurate information or statements to Lender, Lender will treat my actions as a default under this Mortgage. 7, LENDER’S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY If: (A) I do not keep my promises and agreements made in this Mortgage or in a prior mortgage, or (B) someone, including me, begins a legal proceeding that may significantly affect Lender’s rights in the Property, Lender may do and pay for whatever is necessary to protect the value of the Property and Lender’s rights in the Property. Lender’s action may include appearing in court, paying reasonable attorney’s fees, entering on the Property to make repairs and making payments to the holder of any superior mortgage. Lender must give me notice before Lender takes any of these actions, Although Lender may. take action under this Paragraph, Lender does not have to do so. I will pay to Lender any amounts, with interest, which Lender spends under this Paragraph. I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. I will pay interest on those amounts at the Note rate. Interest on each amount will begin on the date that the amount is spent by Lender. This Security Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest. This Mortgage will protect Lender in case I do not keep this promise to pay those amounts with interest. 8, LENDER’S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable manner and at reasonable times. Before or at the time an inspection is made, Lender must give me notice statin, ga reasonable purpose for the inspection, 2 HE_LOAN migygt 4 Page 4 of * ~ ’ =“he oe os INDEEXNG E 2823003000004 NYSCEF DOC. i NO. 12 RECEIVED NYSCEF: 07/20/2023 « * 9. CONDEMNATION OF TH” ROPERTY A taking of property by any gove...nental authority by eminent domain is known a> “condemnation.” I give to . Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other governmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid condemnation. All of these proceeds will be paid to Lender, subject to the terms of any superior mortgage. If only a part of the Property is taken, and the fair market value of the Property immediately before the taking either is equal to, or greater than, the amount of the Sums Secured immediately before the taking, the amount that I owe to Lender will be reduced only by the amount of proceeds multiplied by a fraction. That fraction is as follows: (A) the total amount of the Sums Secured immediately before the taking, divided by (B) the fair market value of the Property immediately before the taking. The remainder of the proceeds will be paid to me. If only a part of the Property is taken, and the fair market value of the Property immediately before the taking is less than the amount of the Sums Secured immediately before the taking, the proceeds will be used to reduce the Sums Secured, ‘ If1 abandon the Property, or if I do not answer within 30 days a notice from Lender stating that a governmental authority has offered to make payment or to settle a claim for damages, Lender has the authority to collect the proceeds, Lender may then use the proceeds to repair or restore the Property or to reduce the Sums Secured, The 30- day period will begin When the notice is given, If any proceeds are used to reduce the amount of principal which I owe.to Lender under the Note, that use will not delay the due date or change the amount of any of my monthly payments under the Note and under Paragraphs 1 and 2 above, LENDER’S RIGHTS Even if Lender does not exercise or enforce one of its rights under this Mortgage or under the law, Lender will retain all of those rights and may exercise and enforce them in the future. Even if Lender obtains insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will have the right under Paragraph 18 below to demand that I make immediate payment in full of the amount that I owe to Lender under the Note and under this Mortgage. 11, OBLIGATIONS OF BORROWER AND OWNER If more than one person signs this Mortgage, each of us is obligated to keep promises and obligations contained in this Mortgage. Lender may enforce Lender’s rights under this Mortgage against each of us individually or against all of us together. This means that one of us may be required to pay all of the Sums Secured. However, if one of us does not sign the Note: (A) that person is signing this Mortgage only to give that person’s rights in the Property to Lender under the terms of this Mortgage; (B) that person is not personally obligated to pay the Sums Secured; and (C) that person agrees that Lender may agree with any Borrower to delay enforcing any of Lender’s rights or to modify or make any accommodations with regard to the terms of this Mortgage or the Note without that person’s consent. 12. LOAN CHARGES If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits: (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 Borrower which exceeded permitted limits will be refunded, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. 13, NOTICES Any notice that must be given to me will be given by delivering it or by mailing it by first class mail to me at the Property address listed above, unless I tell ESL in writing to mail it to me at another address. Notices to-ESL can be mailed by first class mail to ESL Federal Credit Union, 100 Kings Highway South, Suite 1200, Rochester, New York 14617 or another address ESL may provide. Hi LUAN migpg> 5/04 Page 5of8 \ FLEE HONROE COUNTY CLERK 07/20/2023 03:29 PM INDEEXNG E 2823003000004 NYSCEF DOC. | NO. 12 RECEIVED NYSCEF: 07/20/2023 14, LAW THAT GOVERNS THIS MORTGAGE This Mortgage is governed by federal and New York State law. If any term of this Mortgage or of the Note conflicts. with the law, all other terms of this Mortgage and of the Note will still remain in effect if ‘they can be given effect without the conflicting term. This means that any terms of this Mortgage and of the Note which conflict with the law can be separated from the remaining terms, and the remaining terms will still be enforced. 15. COPY I will be given one copy of the Note and this Mortgage. / 16. LENDER’S RIGHTS If THE PROPERTY IS SOLD OR TRANSFERRED Lender may require immediate payment in full of all Sums Secured by this ‘Mortgage 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 Lender requires immediate payment in full under this Paragraph, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is mailed or delivered. If I do not make the required payment during that period, Lender may act to enforce its rights under this Mortgage without giving me any further notice or demand for payment. 17. BORROWER’S RIGHT TO HAVE LENDER’S ENFORCEMENT OF THIS MORTGAGE DISCONTINUED ‘ Even if Lender has required immediate payment in full, ] may have the right to have enforcement of this Mortgage discontinued: I will have this right at any time before sale of the Property under any power of sale granted by this Mortgage or at any time before a judgment has been entered enforcing this Mortgage if I meet the following conditions: (A) I pay to Lender the full amount that would have been due under this Mortgage and the Note if. Lender had not required immediate payment in full; and : (B) I correct my failure to keep any of my other promises or agreement ‘made in this Mortgage; and (©) [pay all of Lender’s reasonable expenses in enforcing this Mortgage includin, iB, for example, reasonable attomeys’ fees; and (@) I do whatever Lender reasonably requires to assure that Lender’s rights in the Property, Lender’s rights under this Mortgage, and my obligations under the Note and under this Mortgage continue unchanged. If I fulfill all of the conditions in this Paragraph, then the Note and this Mortgage will remain in full effect as if immediate payment in full had never been required. However, I will not have the right to have Lender’s enforcement of this Mortgage discontinued if Lender has required immediate payment in full under Paragraph 16 above. 18, LENDER’S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS Except as provided in Paragraph 16 above, if all of the conditions stated in subparagraphs (A), (B) and (C) of this Paragraph are met, Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Mortgage. Lender may do this without making any further demand for payment. This requirement is called “immediate payment in full.” If Lender requires immediate payment in full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and have the Property sold. At this sale Lender or another person may,acquire.the Property. This is known as “foreclosure and sale.” In any lawsuit for foreclosure and sale, Lender will have the right to collect all costs and disbursements and additional allowances allowed by law and will have the right to add all reasonable attorneys’ fees to the amount I owe Lender, which fees shall become part-of the Sums Secured, ‘SHBLLOAN migpes 5/04 Page 60/8 * < . So _ ao INDEEXNG E 2823003000004 NYS€EF DOC - NO. 12 RECEIVED NYSCEF: 07/20/2023 vment in full under this Paragraph only if” {the fo owing conditions Lender may require immediate’ - # ake met: . > + ge, including the promise to pay when due . Ww I fail to keep any promise or agreement made in this Mortga the Sums Secured. a notice that states: @B) Lender se nds to me, in the manner described in Paragraph 13 above, I failed to keep; @ The promise or agreement that ii) The action that I must take to correct that default; the date on Gi) A date by which I must correct the default. That date must be at le: ast 30 days from which the notice is given; stated in the notice, Lender may require (iv) That if I do not correct the default by theor date another person may acquire the Property by means immediate payment in full, and Lender of foreclosure and sale; I will have the right to have wv) ‘That if I meet the conditions stated in Paragraph 1’ 7 above, and this Mortgage Lender’s enforcement of this Mortgage discontinue: «1 and to have the Note ed; and nt in full had never been requir remain fully effect! ive as if immediate payme that I did keep my wi That I have the right in any lawsuit for foreclosi ure and sale to argue defenses that I may promises and agreeme nts under this Mortgage, and to present any other have. the date stated in that notice. (©) I do not correct the default stated in the notice from Lender by 19, LENDER’S OBLIGATION TO DISCHARGE THIS MORTGAGE this Mortgage, Lender will disch