Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021
Exhibit B
Note
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 17 .. RECEIVED NYSCEF: 10/04/2021
NOTE
November 12th, 2004 Syracuse • NY
[Date] (city] [Stato]
4243 SANDBAR LANE, LIVERPOOL, NY 13090
3 [Property Address]
1. BORROWER S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. S 141, 600. 00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is COMMONFUND MORTGAGE CORP.
.
I will make all payments under this Note in the form of cash, check or money order.
I üñderstâñd that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payinoids under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been p.aid.. I will pay Interest at a yearly
rate of 5 . 87 5 %.
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 baginning on January 1st, 2005 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on December 1st, 2034 , I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the·"Maturity Date."
I will make my monthly payments at 717 ERIE BOULEVARD WEST, SYRACUSE, N. Y . 13204
or at a different place if required by the Note Holder.
(B) Amc-mt of Monthly Payments
My monthly payment will be in the amount of U.S. $ 837 . 62 .
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 known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 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 Prcpayment 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 Prepayrnent 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.
NEW YORK FlXED RATE NOTE-Single Farnily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
-5N(NY) pocs) Form 3233 1/01
VMPMORTGAGE - (800)521•72
FORMS
Page1 of 3 Inltlal
.
.h
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021
.
5. LOAN CHARGES
If a law, which applies to this loan and which sets wrem loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this Ioan 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.
6. BORROWER'S FAILURE TO PAY AS REQUERED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the fuII amount of any monthly payment by the end of fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be 2. 000 % of
my overdue payment of principal and interest. I will pay this Iate charge promptly but only once on each late payment.
(B) Default
lf I do not pay the full amount of each montb(y payment on the date it is due, I will be in default.
(C) Nutice of Delhult
If I am in default, the Note Holder may·send me a written notice telling me thatifido not pay the overdue amount by a
certain date, the Note Holder may require me to pay is I 4ely 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 atter the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immed!:tely in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immed!étely 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 applicabic law. Those
expenses include, for example, reasonable attorneys' 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, ine!uding 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 onforce 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. WAlVERS
I and any other person who has obligations under this Note waive the rights of Precentment and Notice of Dishonor.
"Presentment"
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.
Form 3233 1/01
5N{NY) (0005) Pago2 of a 2mtials.
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021
.
.
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.
6. BORROWER'S FAILURE TO PAY AS REQUfRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any marithly pâys.ëñt by the end of fifteen calendar days .
after the dato it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2. 000 % of
my overdue payment of principal and interest 1 will pay this late charge promptly but only once on each late payment.
(B) Default
1f I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notica 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 Noto Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immed½tely in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enf6rcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' 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 I-Iolder at the address stated in Section 3(A) above or at a different address if 1 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. WALVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" h1eans 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 arnounts due have not been paid.
.
Form 3233 'I/01
-5N(NY) (O005) Page2 of 3 Initials;
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), däted 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 rnake immediete paýment in full
of all amounts 1 owe under this Note. Some of those conditions are described as follows:
Londer may require immeÆste payment in full of all Sums Secured by this Security Instrument iFall or
any part of the Property, or if any right in the Property, is sold or transferred without Lender' s prior Written
permission. If Borrower is not a natural perhon and a beneficial interest in EGrrGwer is sold or transferred
without Lender's prior written permission, Lender also may require immediate payment in full. However, this
option shall ·not be exeroised by Lender if such exercise is prohibited by Applicable Låw.
If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which
states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day
period will begin on the date the notice is given to me in the manner required by Section 15 of this Security
Instrument. If I do not make the required payment during that period, Lender rnay act to enforce its rights
under this Security Instrument without giving me any further notice or demand for payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
DUANE KINNON -Borrower -Borrower
NOVEMBER 12, 2004
PAY TO THE ORDER
OFCountrywideDocument Custody Services
a division
offieasury Bank, N:A.
WITHOUT RECOURSE
CO M U D RTGAGE ORP.
_ (Seai) (Rent)
MAELYNN SPO TO, TR ASURER -Borrower -Borrower
.
(Real) (Real)
-Borrower -Borrower
(Seal) (Real)
-Borrower -BorroWor
[Sign OHginal Only)
•5N(NY) (O005) Pago3 of 3 Form 3233 1/01
PAY TOTHEORDEROF PAY TOTHE ORDEROF
COUNTRYWIDEHOME LOANSINC.
WITHOUTRECOURSE WITHOUT RECOURSE
COUNTR®E DOC C COUNT DE HOME LOANS. INO.
DYSERW
A D1v3SIONOP IREASURY BANK,NA
avid A.Spector
VICE PRESIDENT __ Managing Director
Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021 Exhibit B Note FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 17 .. RECEIVED NYSCEF: 10/04/2021 NOTE November 12th, 2004 Syracuse • NY [Date] (city] [Stato] 4243 SANDBAR LANE, LIVERPOOL, NY 13090 3 [Property Address] 1. BORROWER S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 141, 600. 00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COMMONFUND MORTGAGE CORP. . I will make all payments under this Note in the form of cash, check or money order. I üñderstâñd that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payinoids under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been p.aid.. I will pay Interest at a yearly rate of 5 . 87 5 %. 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 baginning on January 1st, 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1st, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the·"Maturity Date." I will make my monthly payments at 717 ERIE BOULEVARD WEST, SYRACUSE, N. Y . 13204 or at a different place if required by the Note Holder. (B) Amc-mt of Monthly Payments My monthly payment will be in the amount of U.S. $ 837 . 62 . 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 known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 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 Prcpayment 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 Prepayrnent 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. NEW YORK FlXED RATE NOTE-Single Farnily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -5N(NY) pocs) Form 3233 1/01 VMPMORTGAGE - (800)521•72 FORMS Page1 of 3 Inltlal . .h FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021 . 5. LOAN CHARGES If a law, which applies to this loan and which sets wrem loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Ioan 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. 6. BORROWER'S FAILURE TO PAY AS REQUERED (A) Late Charge for Overdue Payments If the Note Holder has not received the fuII amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be 2. 000 % of my overdue payment of principal and interest. I will pay this Iate charge promptly but only once on each late payment. (B) Default lf I do not pay the full amount of each montb(y payment on the date it is due, I will be in default. (C) Nutice of Delhult If I am in default, the Note Holder may·send me a written notice telling me thatifido not pay the overdue amount by a certain date, the Note Holder may require me to pay is I 4ely 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 atter the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immed!:tely in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immed!étely 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 applicabic law. Those expenses include, for example, reasonable attorneys' 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, ine!uding 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 onforce 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. WAlVERS I and any other person who has obligations under this Note waive the rights of Precentment and Notice of Dishonor. "Presentment" 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. Form 3233 1/01 5N{NY) (0005) Pago2 of a 2mtials. FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021 . . 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. 6. BORROWER'S FAILURE TO PAY AS REQUfRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any marithly pâys.ëñt by the end of fifteen calendar days . after the dato it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2. 000 % of my overdue payment of principal and interest 1 will pay this late charge promptly but only once on each late payment. (B) Default 1f I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notica 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 Noto Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immed½tely in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enf6rcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' 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 I-Iolder at the address stated in Section 3(A) above or at a different address if 1 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. WALVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" h1eans 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 arnounts due have not been paid. . Form 3233 'I/01 -5N(NY) (O005) Page2 of 3 Initials; FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/04/2021 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), däted 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 rnake immediete paýment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Londer may require immeÆste payment in full of all Sums Secured by this Security Instrument iFall or any part of the Property, or if any right in the Property, is sold or transferred without Lender' s prior Written permission. If Borrower is not a natural perhon and a beneficial interest in EGrrGwer is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall ·not be exeroised by Lender if such exercise is prohibited by Applicable Låw. If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender rnay act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. DUANE KINNON -Borrower -Borrower NOVEMBER 12, 2004 PAY TO THE ORDER OFCountrywideDocument Custody Services a division offieasury Bank, N:A. WITHOUT RECOURSE CO M U D RTGAGE ORP. _ (Seai) (Rent) MAELYNN SPO TO, TR ASURER -Borrower -Borrower . (Real) (Real) -Borrower -Borrower (Seal) (Real) -Borrower -BorroWor [Sign OHginal Only) •5N(NY) (O005) Pago3 of 3 Form 3233 1/01 PAY TOTHEORDEROF PAY TOTHE ORDEROF COUNTRYWIDEHOME LOANSINC. WITHOUTRECOURSE WITHOUT RECOURSE COUNTR®E DOC C COUNT DE HOME LOANS. INO. DYSERW A D1v3SIONOP IREASURY BANK,NA avid A.Spector VICE PRESIDENT __ Managing Director