Preview
INDEX NO. 12018000515
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2708237
Book Page CIVIL
Return To: No. Pages: 33
NANCY L. KOURLAND
Instrument: EXHIBIT(S)
Control #: 202105050505
Index #: 12018000515
Date: 05/05/2021
WELLS FARGO USA HOLDINGS, INC Time: 12:01:59 PM
NATOLI, AURELIO
NATOLI, BARBARA
NATOLI, GIANFRANCO,
NATOLI, MELISSA
UNITED STATES OF AMERICA
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
MO A
a7 NK DM INDi@€xNO: 1207800851515
D 0 NRO OUN :00
NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
Exhibit “A”
Fp a0 “ONRO OUN NK OU DM INDBHeNG:.120780085E9515
NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Wells Fargo USA Holdings, Inc. Index#: 000515/2018
Plaintiff, Filed: 01/22/18
-against- NOTICE OF PENDENCY
OF ACTION
Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa
Natoli, United States of America 0/b/o Internal Revenue
Service, New York State Workers Compensation Board,:
Discover Bank, George M Reiber and "JOHN DOE #1" through
"JOHN DOE #10", the last ten names being fictitious and
unknown to the plaintiff, the person or parties intended being
the persons or parties, if any, having or claiming an interest in
or lien upon the mortgaged premises described in the
Complaint,
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this
Court upon a Complaint of the above named Plaintiff against the above named Defendants for the
foreclosure of a mortgage, dated October 02, 2006, executed by Aurelio Natoli and Barbara Natoli
and Gianfranco Natoli and Melissa Natoli, as morigagors, to Wells Fargo Financial Credit Services
New York, Inc., as mortgagee, to secure the sum of $54,186.93, and recorded in the Office of the
Clerk of the County of Monroe on October 10, 2006 at Book 20792 , at Page 0661. Thereafter, the
note and mortgage were consolidated pursuant to a Consolidated Mortgage dated October 26, 2007
and recorded November 1, 2007 in Book 21523, Page 0527 which secured a single lien of
$89,847.43.
NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by said foreclosure
action, at the time of the commencement of said action and at the time of the filing of this notice,
was situated at 33 Hidden Creek Lane, Hamlin, NY 14464, County of Monroe, State of New York
at Section 020.02, Block 1, Lot 14.
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
The Clerk of the County of Monroe is directed to index this notice to the names of all of the
above defendants. The premises is known as 33 Hidden Creek Lane, Hamlin, NY 14464, in Monroe
County, New York.
Dated: Williamsville, New York
January 10, 2018
Yours, etc’, 1
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
i
SECTION 020.02 Giertz wo
BLOCK. 1 Attorneys for Plaintiff
LOT 14 Main Office - 53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-069668-F00
FLEES?" MONROE COUNTY CLERK 05/05/41 742: 00 PM) INDBeNG:.120780085E9515
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
ANIS,
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STUTLE
500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www. webtitle.us
Title No
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL THAT TRACT OR PARCEL OF LAND, siluate in the Town of Hamlin,
County of Monroe and State of New York, and being more particularly described
as Lot #54 of Hidden Creek Subdivision, Sectlon 2, as shown on a map filed in
Monroe County Clerk's Office In Liber 185 of Maps, page 41. Said Lot #54 is
situate on the wast side of Hidden Creek Lane and ts of the dimensions as
shown on said map.
Premises: 33 Hidden Creek Lane, Hamlin, NY 14464
Tax Map/Parcel ID No.: Section: 020.02 Block: 1 Lot: 14
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
Index # 000515/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Wells Fargo USA Holdings, Inc.,
Plaintiff,
~ against -
Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Natoli, United States of
America 0/b/o Internal Revenue Service, New York State Workers Compensation Board,
Discover Bank, George M Reiber and "JOHN DOE #1" through "JOHN DOE #10", the
last ten names being fictitious and unknown to the plaintiff, the person or parties intended
being the persons or parties, if any, having or claiming an interest in or lien upon the
mortgaged premises described in the Complaint,
Defendants.
NOTICE OF PENDENCY OF ACTION
FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Fax (631) 982-1458
Our File No.: 01-069668-F00
To
Attorney(s) for
Service of a copy of the within
is hereby admitted.
Dated,
Attomey(s) for
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Wells Fargo USA Holdings, Inc. Index#: 000515/2018
Plaintiff, Filed: 01/22/18
-against- SUMMONS
Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Plaintiff designates Monroe
Natoli, United States of America o/b/o Internal Revenue County as the place of trial.
Service, New York State Workers Compensation Board, Venue is based upon the
Discover Bank, George M Reiber and "JOHN DOE #1” through County in which the
"JOHN DOE #10", the last ten names being fictitious and mortgaged premises is
unknown to the plaintiff, the person or parties intended being situated.
the persons or parties, if any, having or claiming an interest in
or lien upon the mortgaged premises described in the
Complaint,
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attomeys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
n the attorney for the mortgage company who filed this foreclosure proceeding against you
nd filing the answer with the court, a default judgment may be entered ‘and you can lose your
home.
Speak to an attorney or go to the court where your case is pending for furthe
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
‘OU_MUST_ RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: Williamsville, New York FRENKEL, LAMBERT, WEISS,
January 10, 2018 WEISMAN) & GORDON, LLP
vf
i 2?
L. SoZ
BY: Daniel S. Gvertz
Attorneys for Plaintiff
Main Office - 53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-069668-F00
TO
Gianfranco Natoli
33 Hidden Creek Lane
Hamlin, New York 14464
Melissa Natoli
33 Hidden Creek Lane
Hamlin, New York 14464
Aurelio Natoli
33 Hidden Creek Lane
Hamlin, New York 14464
Barbara Natoli
33 Hidden Creek Lane
Hamlin, New York 14464
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
United States of Ameirca - Internal Revenue Services
New York State Worker's Compensation Board
20 Park Street
Albany, New York 12207
Discover Bank
6500 New Albany Road
New Albany, Ohio 43054
George M Reiber
3136 S. Winton Road, Suite 206
Rochester, NY 14623
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Wells Fargo USA Holdings, Inc.
Plaintiff,
COMPLAINT
-against-
Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa
Natoli, United States of America 0/b/o Internal Revenue
Service, New York State Workers Compensation Board,
Discover Bank, George M Reiber and "JOHN DOE #1" through
"JOHN DOE #10", the last ten names being fictitious and
unknown to the plaintiff, the person or parties intended being
the persons or parties, if any, having or claiming an interest in
or lien upon the mortgaged premises described in the
Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1 That the plaintiff, Wells Fargo USA Holdings, Inc., at all times hereinafter mentioned was
and still is a Corporation organized and existing under the laws of the State of New Jurssey and is
authorized to transact business in the State of New York.
2 On or about October 02, 2006, Gianfranco Natoli and Melissa Natoli executed and delivered
to Wells Fargo Financial Credit Services New York, Inc. a note dated October 02, 2006 whereby
Gianfranco Natoli and Melissa Natoli, promised to pay the principal sum of $54,186.93.
3 On or about October 02, 2006, Gianfranco Natoli, Melissa Natoli, Aurelio Natoli, and
Barbara Natoli executed and delivered to Wells Fargo Financial Credit Services New York, Inc. a
mortgage (hereinafter "mortgage") in the principal sum of $54,186.93, with interest, mortgaging the
premises known as 33 Hidden Creek Lane, Hamlin, NY 14464 (hereinafter "premises") as collateral
security forthe note. The mortgaged premises is more fully described in EXHIBIT "A" annexed
hereto.
4 The mortgage was duly recorded in the Office of the Clerk of the County of Monroe on
October 10, 2006 in Book 20792, Page 0661 and the recording tax was duly paid. Thereafter, the
note and mortgage were consolidated pursuant to a Consolidated Mortgage dated October 26, 2007
and recorded November 1, 2007 in Book 21523, Page 0527 which secured a single lien of
$89,847.43.
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
5 That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
6 Pursuant to the modified loan, Gianfranco Natoli, Melissa Natoli, promised to make
consecutive monthly payments of principal and interest each month, in accordance with the terms
of the loan modification agreement, commencing December 01, 2007 and on the first day of each
succeeding month up to and including November 01, 2037 when the entire principal amount and
accrued interest shall be due and payable.
7 Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
8 The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
9. Aurelio Natoli and Barbara Natoli and Gianfranco Natoli and Melissa Natoli failed to comply
with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay,
to the plaintiff, payments due on May 01, 2010 and said default has continued for a period in excess
of fifteen (15) days.
10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
11. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $90,279.96 with interest thereon from April 01, 2010, plus late charges if applicable pursuant
to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any
other charges due and owing pursuant to the terms of the note and mortgage.
12. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
13. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
14. Upon information and belief all the defendants herein have or claim to have some interest
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
forth in "Schedule A" that is attached to this complaint.
15. No prior action has been brought to recover part of the mortgage debt.
16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable.
17. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
18. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
19, If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not
be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination of priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money
proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
23. The plaintiff repeats and realleges each and every allegation contained in paragraphs
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
designated 1 through 22.
24. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys’ fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
a) That the defendants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments,
reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances
of the city, town, or village; wherein the premises is located, any state of facts a physical inspection
will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior
judgments, liens and mortgages of record and any and all rights of the United States of America to
redeem the subject premises;
ce) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
qd) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation of the property, together
with attorneys’ fees as demanded in the second cause of action, the costs and disbursements of this
action and any other necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
) That in the event plaintiff possesses any other lien(s) against said mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)
shail not be merged in plaintiffs cause(s) of action(s) set forth in the Complaint but that plaintiff
shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money
proceedings;
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
8) That plaintiff have such other and further relief in the mortgaged premises as may
be just and equitable.
Dated: Williamsville, New York
January 10, 2018
Frenkel, Lambert, Wéiss, Weisman, & Gordon, LLP
“
/ ol&
By: fo, a
Daniel’S. Gvertz (/
Attorneys for Plaintiff
Main Office - 53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-069668-F00
D2’ MON 0 OUN OU INDBHeNG:.120780085E9515
NYSCEF BOC. NO. 22 EXHIBIT A RECEIVED NYSCEF: 05/05/2021
ANIS,,
WE
aa THLE
IRS
500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www, webtitle.us
Title No: i
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamlin,
County of Monroe and State of New York, and being more particularly described
as Lot #54 of Hidden Creek Subdivision, Sectlon 2, as shown on a map filed in
Monroe County Clerk's Office In Liber 185 of Maps, page 4t. Said Lot #54 is
situate on the west side of Hidden Creek Lane and is of the dimensions as
shown on said map.
Premises: 33 Hidden Creek Lane, Hamlin, NY 14464
Tax Map/Parcel ID No.: Section: 020.02 Block: 1 Lot: 14
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NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
Schedule A
Party Name Description
Gianfranco Natoli Obligor/Mortgagor/Owner
Melissa Natoli Obligor/Mortgagor/Owner
Aurelio Natoli Mortgagor/Owner
Barbara Natoli Mortgagor/Owner
United States of America - Internal Holder of Judgment(s) against the property
Revenue Service being foreclosed herein. Said lien is more
particularly described in Exhibit "B" annexed
hereto.
New York State Worker's Compensation Holder of Judgment(s) against the property
Board being foreclosed herein. Said lien is more
particularly described in Exhibit "B" annexed
hereto.
Discover Bank Judgment Creditor
George M Reiber Bankruptcy Trustee
NK DM o
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NYSCEE BOC. NO. 2 RECEIVED NYSCEF: 05/05/2021
NOTE
10/26/07, GREECE, NY 14626
[Date] (City, State, Zip]
33 HIDDEN CREEK LANE
HAMLIN, NY 14464
[Property Address]
[Account Number]
1 BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $89847.43 (this amount
is calted "Principal" and consists of the amount financed plus any points/finance charge [financed]),
plus interest, to the order of the Lender. The Lender is Wells Fargo Financial Credit Services New York,
Inc. 1 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 is entitled to receive payments 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 paid. I
will pay interest at a yearly rate of 9.25%. This Note is interest bearing.
The interest rate required by this Section 2 is the rate | will pay both before and after any default
described in Section 6(B) of this Note.
3 PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making a payment cvery month,
Twill make my monthly payment on the day of each month beginning on
a 12/01/07 _ 1 will make these payments every month until { have paid all of the
principal and interest and any other charges described below that 1 may owe under this Note. Each
monthly payment will be applied to interest before Principal. If, on 101/37 yt]
the
still owe amounts under this Note, I will pay those amounts in full on that date, which is called
“Maturity Date.”
1 will make my monthly payments at P.O. BOX 98784
LAS VEGAS, NV 89193 or at a different place 7i F required by the Note Holder.
(B) ‘Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $739.
4 BORROWER'S RIGHT TO PREPAY
You can prepay your loan at any time. However, if your loan is secured, and if prepayment
code A or B is shown on the Loan Statement, and if your loan is prepaid in whole for any reason
(including after a default) within 1 year from the Date of Loan shown on the Loan Statement, we may
charge a prepayment charge equal to 3% of the original principal balance of this Joan, You agree to pay
us this prepayment charge on the date you make the full prepayment. You also agree that any delay or
failure to collect this prepayment charge does not prevent us from collecting the prepayment charge ata
later time. However, regardless of how you prepay your loan, you will never have to pay more than one
prepayment charge. The prepayment penalty described in this paragraph will be waived as required by
applicable state or federal law or regulation. If prepayment code C is shown on the Loan Statement, we
will not collect a prepayment charge under any circumstances.
5. LOAN CHARGES
Ifa 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 | 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, This loan and Note are governed bythe laws of New
Page 1013 ORIGIN
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“D NRO :00
NYSCEF BOC. NO. 22 REGEIVED NYSCEF: 05/05/2021
by
York, except that on first mortgage loans the rate of interest and the amount of points are permitted
P.L, 96-221, as amended.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
Late Charge for Overdue Payments
@)
If the Note Holder has not received the fall amount of any monthly payment by the end of 15
of the
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount charge
charge will be 2% of the full amount of my payment of principal and interest. 1 will pay this late
promptly but only once-on each late payment.
(B) ° Default
TF do not pay the full amount of each monthly payment on the date it is due, { wilt be in
default.
(C) Notice of Default
If Lam 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 | owe on that amount. That date
by other means.
must be at least 30 days afier the date on which the notice is mailed to me or delivered
(D) No Waiver By Note Holder
Even jf, at a time when I am in default, the Note Holder does not require me to pay immediately
in default at a later
in full as described above, the Note Holder will still have the right to do so if | am
time.
(E) Payment of Note Holder's Costs and Expenses
above, the Note
If the Note Holder has required me to pay immediately in full as. described
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 applicable law. Those expenses include, for example, reasonable
attorney's fees.
Return Check Charge
(F)
If a check used to make a payment on this loan is returned for any reason, except an error by
Note Holder, { will pay Noté Holder a $20.00 charge.
7. GIVING OF NOTICES
to me under
Unless applicable law requires a different method, any notice that must be given
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.
it
Any notice that must be given to the Note Holder under this Note will be given by delivering
3(A) above or ata
or by mailing it by first class mail to the Note Holder at the address stated in Section
different address if ] am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Hf more than one person signs this Note, each person is fully and personally obligated person to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any who
is a guarantor, surety or endorser ofthis 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 thisits Note, is also
obligated to keep all of the promises made in this Note. The Note Holder may enforce rights under
this Note ageinst 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. AIVERS:
and
J and any other person who has obligations under this Note waive the rights of Presentment
Notice of Dishonor. "Presentment" means the right to require the Note Holder to demandnoticepayment of
amounts due. "Notice of Dishonor" means the right to require the Note Holder to give to other
persons that amounts due have not beén paid.
10, UNIFORM SECURED NOTE
to
‘This Note is 2 uniform instrument with limited variations in some jurisdictions. In addition
the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed
{the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible
losses which might result if I do not keep the promises which I make in this Note. That Security
Instrument describes how and under what conditions 1 may be required to make immediate payment in
full of all amounts | owe under this Note. Some of those conditions are described as follows:
Lender may require immediate payment in full of all Sums Secured by this
Page
2 of oneal
“D “ONRO OUN NK :00 DM INDBeNG:.120780085E9515
NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021
Security Instrument if all or any part of the Property, or if any right in the Property, is
sold of transferred without Lendee’s prior written permission. If Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred without
Lender's prior written permission, Lender also may require immediate payment in full.
However, this option s
Preview
INDEX NO. 12018000515 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2708237 Book Page CIVIL Return To: No. Pages: 33 NANCY L. KOURLAND Instrument: EXHIBIT(S) Control #: 202105050505 Index #: 12018000515 Date: 05/05/2021 WELLS FARGO USA HOLDINGS, INC Time: 12:01:59 PM NATOLI, AURELIO NATOLI, BARBARA NATOLI, GIANFRANCO, NATOLI, MELISSA UNITED STATES OF AMERICA 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 MO A a7 NK DM INDi@€xNO: 1207800851515 D 0 NRO OUN :00 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 Exhibit “A” Fp a0 “ONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Wells Fargo USA Holdings, Inc. Index#: 000515/2018 Plaintiff, Filed: 01/22/18 -against- NOTICE OF PENDENCY OF ACTION Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Natoli, United States of America 0/b/o Internal Revenue Service, New York State Workers Compensation Board,: Discover Bank, George M Reiber and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this Court upon a Complaint of the above named Plaintiff against the above named Defendants for the foreclosure of a mortgage, dated October 02, 2006, executed by Aurelio Natoli and Barbara Natoli and Gianfranco Natoli and Melissa Natoli, as morigagors, to Wells Fargo Financial Credit Services New York, Inc., as mortgagee, to secure the sum of $54,186.93, and recorded in the Office of the Clerk of the County of Monroe on October 10, 2006 at Book 20792 , at Page 0661. Thereafter, the note and mortgage were consolidated pursuant to a Consolidated Mortgage dated October 26, 2007 and recorded November 1, 2007 in Book 21523, Page 0527 which secured a single lien of $89,847.43. NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by said foreclosure action, at the time of the commencement of said action and at the time of the filing of this notice, was situated at 33 Hidden Creek Lane, Hamlin, NY 14464, County of Monroe, State of New York at Section 020.02, Block 1, Lot 14. Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 The Clerk of the County of Monroe is directed to index this notice to the names of all of the above defendants. The premises is known as 33 Hidden Creek Lane, Hamlin, NY 14464, in Monroe County, New York. Dated: Williamsville, New York January 10, 2018 Yours, etc’, 1 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP i SECTION 020.02 Giertz wo BLOCK. 1 Attorneys for Plaintiff LOT 14 Main Office - 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-069668-F00 FLEES?" MONROE COUNTY CLERK 05/05/41 742: 00 PM) INDBeNG:.120780085E9515 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 ANIS, wes 4ns* STUTLE 500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www. webtitle.us Title No SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL THAT TRACT OR PARCEL OF LAND, siluate in the Town of Hamlin, County of Monroe and State of New York, and being more particularly described as Lot #54 of Hidden Creek Subdivision, Sectlon 2, as shown on a map filed in Monroe County Clerk's Office In Liber 185 of Maps, page 41. Said Lot #54 is situate on the wast side of Hidden Creek Lane and ts of the dimensions as shown on said map. Premises: 33 Hidden Creek Lane, Hamlin, NY 14464 Tax Map/Parcel ID No.: Section: 020.02 Block: 1 Lot: 14 Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 Index # 000515/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Wells Fargo USA Holdings, Inc., Plaintiff, ~ against - Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Natoli, United States of America 0/b/o Internal Revenue Service, New York State Workers Compensation Board, Discover Bank, George M Reiber and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. NOTICE OF PENDENCY OF ACTION FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Fax (631) 982-1458 Our File No.: 01-069668-F00 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attomey(s) for Fp a0 “ONRO OUN NK OU DM INDBHeNG:.I20T80085ED5 15 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Wells Fargo USA Holdings, Inc. Index#: 000515/2018 Plaintiff, Filed: 01/22/18 -against- SUMMONS Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Plaintiff designates Monroe Natoli, United States of America o/b/o Internal Revenue County as the place of trial. Service, New York State Workers Compensation Board, Venue is based upon the Discover Bank, George M Reiber and "JOHN DOE #1” through County in which the "JOHN DOE #10", the last ten names being fictitious and mortgaged premises is unknown to the plaintiff, the person or parties intended being situated. the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attomeys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. {ys° “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer n the attorney for the mortgage company who filed this foreclosure proceeding against you nd filing the answer with the court, a default judgment may be entered ‘and you can lose your home. Speak to an attorney or go to the court where your case is pending for furthe information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. ‘OU_MUST_ RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Williamsville, New York FRENKEL, LAMBERT, WEISS, January 10, 2018 WEISMAN) & GORDON, LLP vf i 2? L. SoZ BY: Daniel S. Gvertz Attorneys for Plaintiff Main Office - 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-069668-F00 TO Gianfranco Natoli 33 Hidden Creek Lane Hamlin, New York 14464 Melissa Natoli 33 Hidden Creek Lane Hamlin, New York 14464 Aurelio Natoli 33 Hidden Creek Lane Hamlin, New York 14464 Barbara Natoli 33 Hidden Creek Lane Hamlin, New York 14464 Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 United States of Ameirca - Internal Revenue Services New York State Worker's Compensation Board 20 Park Street Albany, New York 12207 Discover Bank 6500 New Albany Road New Albany, Ohio 43054 George M Reiber 3136 S. Winton Road, Suite 206 Rochester, NY 14623 Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Wells Fargo USA Holdings, Inc. Plaintiff, COMPLAINT -against- Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Natoli, United States of America 0/b/o Internal Revenue Service, New York State Workers Compensation Board, Discover Bank, George M Reiber and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1 That the plaintiff, Wells Fargo USA Holdings, Inc., at all times hereinafter mentioned was and still is a Corporation organized and existing under the laws of the State of New Jurssey and is authorized to transact business in the State of New York. 2 On or about October 02, 2006, Gianfranco Natoli and Melissa Natoli executed and delivered to Wells Fargo Financial Credit Services New York, Inc. a note dated October 02, 2006 whereby Gianfranco Natoli and Melissa Natoli, promised to pay the principal sum of $54,186.93. 3 On or about October 02, 2006, Gianfranco Natoli, Melissa Natoli, Aurelio Natoli, and Barbara Natoli executed and delivered to Wells Fargo Financial Credit Services New York, Inc. a mortgage (hereinafter "mortgage") in the principal sum of $54,186.93, with interest, mortgaging the premises known as 33 Hidden Creek Lane, Hamlin, NY 14464 (hereinafter "premises") as collateral security forthe note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4 The mortgage was duly recorded in the Office of the Clerk of the County of Monroe on October 10, 2006 in Book 20792, Page 0661 and the recording tax was duly paid. Thereafter, the note and mortgage were consolidated pursuant to a Consolidated Mortgage dated October 26, 2007 and recorded November 1, 2007 in Book 21523, Page 0527 which secured a single lien of $89,847.43. Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 5 That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 6 Pursuant to the modified loan, Gianfranco Natoli, Melissa Natoli, promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the loan modification agreement, commencing December 01, 2007 and on the first day of each succeeding month up to and including November 01, 2037 when the entire principal amount and accrued interest shall be due and payable. 7 Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8 The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 9. Aurelio Natoli and Barbara Natoli and Gianfranco Natoli and Melissa Natoli failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on May 01, 2010 and said default has continued for a period in excess of fifteen (15) days. 10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $90,279.96 with interest thereon from April 01, 2010, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 12. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 13. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 14. Upon information and belief all the defendants herein have or claim to have some interest Fp a0 “ONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 15. No prior action has been brought to recover part of the mortgage debt. 16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable. 17. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 18. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 19, If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 23. The plaintiff repeats and realleges each and every allegation contained in paragraphs Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 designated 1 through 22. 24. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; ce) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; qd) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys’ fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; ) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shail not be merged in plaintiffs cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 8) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Williamsville, New York January 10, 2018 Frenkel, Lambert, Wéiss, Weisman, & Gordon, LLP “ / ol& By: fo, a Daniel’S. Gvertz (/ Attorneys for Plaintiff Main Office - 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-069668-F00 D2’ MON 0 OUN OU INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 22 EXHIBIT A RECEIVED NYSCEF: 05/05/2021 ANIS,, WE aa THLE IRS 500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www, webtitle.us Title No: i SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamlin, County of Monroe and State of New York, and being more particularly described as Lot #54 of Hidden Creek Subdivision, Sectlon 2, as shown on a map filed in Monroe County Clerk's Office In Liber 185 of Maps, page 4t. Said Lot #54 is situate on the west side of Hidden Creek Lane and is of the dimensions as shown on said map. Premises: 33 Hidden Creek Lane, Hamlin, NY 14464 Tax Map/Parcel ID No.: Section: 020.02 Block: 1 Lot: 14 Fp a0 “ONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 Schedule A Party Name Description Gianfranco Natoli Obligor/Mortgagor/Owner Melissa Natoli Obligor/Mortgagor/Owner Aurelio Natoli Mortgagor/Owner Barbara Natoli Mortgagor/Owner United States of America - Internal Holder of Judgment(s) against the property Revenue Service being foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. New York State Worker's Compensation Holder of Judgment(s) against the property Board being foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. Discover Bank Judgment Creditor George M Reiber Bankruptcy Trustee NK DM o “D “ON 0] OUN :00 INDBeNG:.120780085E9515 NYSCEE BOC. NO. 2 RECEIVED NYSCEF: 05/05/2021 NOTE 10/26/07, GREECE, NY 14626 [Date] (City, State, Zip] 33 HIDDEN CREEK LANE HAMLIN, NY 14464 [Property Address] [Account Number] 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $89847.43 (this amount is calted "Principal" and consists of the amount financed plus any points/finance charge [financed]), plus interest, to the order of the Lender. The Lender is Wells Fargo Financial Credit Services New York, Inc. 1 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 is entitled to receive payments 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 paid. I will pay interest at a yearly rate of 9.25%. This Note is interest bearing. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3 PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment cvery month, Twill make my monthly payment on the day of each month beginning on a 12/01/07 _ 1 will make these payments every month until { have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied to interest before Principal. If, on 101/37 yt] the still owe amounts under this Note, I will pay those amounts in full on that date, which is called “Maturity Date.” 1 will make my monthly payments at P.O. BOX 98784 LAS VEGAS, NV 89193 or at a different place 7i F required by the Note Holder. (B) ‘Amount of Monthly Payments My monthly payment will be in the amount of U.S. $739. 4 BORROWER'S RIGHT TO PREPAY You can prepay your loan at any time. However, if your loan is secured, and if prepayment code A or B is shown on the Loan Statement, and if your loan is prepaid in whole for any reason (including after a default) within 1 year from the Date of Loan shown on the Loan Statement, we may charge a prepayment charge equal to 3% of the original principal balance of this Joan, You agree to pay us this prepayment charge on the date you make the full prepayment. You also agree that any delay or failure to collect this prepayment charge does not prevent us from collecting the prepayment charge ata later time. However, regardless of how you prepay your loan, you will never have to pay more than one prepayment charge. The prepayment penalty described in this paragraph will be waived as required by applicable state or federal law or regulation. If prepayment code C is shown on the Loan Statement, we will not collect a prepayment charge under any circumstances. 5. LOAN CHARGES Ifa 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 | 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, This loan and Note are governed bythe laws of New Page 1013 ORIGIN a7 OUN NK DM INDBHeNG:.120780085E9515 “D NRO :00 NYSCEF BOC. NO. 22 REGEIVED NYSCEF: 05/05/2021 by York, except that on first mortgage loans the rate of interest and the amount of points are permitted P.L, 96-221, as amended. 6. BORROWER'S FAILURE TO PAY AS REQUIRED Late Charge for Overdue Payments @) If the Note Holder has not received the fall amount of any monthly payment by the end of 15 of the calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount charge charge will be 2% of the full amount of my payment of principal and interest. 1 will pay this late promptly but only once-on each late payment. (B) ° Default TF do not pay the full amount of each monthly payment on the date it is due, { wilt be in default. (C) Notice of Default If Lam 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 | owe on that amount. That date by other means. must be at least 30 days afier the date on which the notice is mailed to me or delivered (D) No Waiver By Note Holder Even jf, at a time when I am in default, the Note Holder does not require me to pay immediately in default at a later in full as described above, the Note Holder will still have the right to do so if | am time. (E) Payment of Note Holder's Costs and Expenses above, the Note If the Note Holder has required me to pay immediately in full as. described 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 applicable law. Those expenses include, for example, reasonable attorney's fees. Return Check Charge (F) If a check used to make a payment on this loan is returned for any reason, except an error by Note Holder, { will pay Noté Holder a $20.00 charge. 7. GIVING OF NOTICES to me under Unless applicable law requires a different method, any notice that must be given 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. it Any notice that must be given to the Note Holder under this Note will be given by delivering 3(A) above or ata or by mailing it by first class mail to the Note Holder at the address stated in Section different address if ] am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Hf more than one person signs this Note, each person is fully and personally obligated person to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any who is a guarantor, surety or endorser ofthis 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 thisits Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce rights under this Note ageinst 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. AIVERS: and J and any other person who has obligations under this Note waive the rights of Presentment Notice of Dishonor. "Presentment" means the right to require the Note Holder to demandnoticepayment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give to other persons that amounts due have not beén paid. 10, UNIFORM SECURED NOTE to ‘This Note is 2 uniform instrument with limited variations in some jurisdictions. In addition the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed {the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Page 2 of oneal “D “ONRO OUN NK :00 DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 22 RECEIVED NYSCEF: 05/05/2021 Security Instrument if all or any part of the Property, or if any right in the Property, is sold of transferred without Lendee’s prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option s