Preview
INDEX NO. 12018000515
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2708238
Book Page CIVIL
Return To: No. Pages: 41
NANCY L. KOURLAND
Instrument: EXHIBIT(S)
Control #: 202105050506
Index #: 12018000515
Date: 05/05/2021
WELLS FARGO USA HOLDINGS, INC Time: 12:02:05 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
MOU
A
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NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
Exhibit “B”
Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515
NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
aannnenns enennnne. mane. anennenene x Index No.: 900515/2018
Wells Fargo USA Holdings, Inc. Filed 01/22/18
Plaintiff,
~against- CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa
Natoli, United States of America o/b/o Internal Revenue
Service, New York State Workers Compensation Board, Mortgaged Premises: 33 Hidden
Discover Bank, George M Reiber and "JOHN DOE #1" Creek Lane, Hamlin, NY 14464
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 Mortgage premises
described in the Complaint,
Defendants.
enn en ener
nnn n nen en ee ee nem ee enema eee n eee en ene en e e”
lam an attorney at law duly licensed to practice in the state of New York and am
affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon,
LLP, the attorney for Plaintiff, Wells Fargo USA Holdings, Inc., in this action.
This residential foreclosure action involves a home loan, as such term is defined
in Real Property Actions and Proceedings Law §1304. Upon information and
belief defendants, Aurelio Natoli, Barbara Natoli, Melissa Natoli, and Gianfranco
Natoli are residents of the property subject to foreclosure.
have reviewed the facts of this case and reviewed pertinent documents, including
the mortgage, security agreement and note or bond underlying the mortgage
executed by defendant, all instruments of assignment (if any), and all the other
instruments of indebtedness including any modification, extension, and
consolidation.
T have consulted about the facts of this case with the following representative of
plaintiff:
Name Title
Denise Goldston Vice President Loan Documentation
Upon this review and consultation, to the best of my knowledge, information and
belief, I certify that there is a reasonable basis for the commencement of this
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action, and that plaintiff is the creditor entitled to enforce rights under these
documents.
Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the summons and complaint: the mortgage,
security agreement and note or bond underlying the mortgage executed by the
defendant; all instruments of assignment (if any); and any other instrument of
indebtedness, including any modification, extension and consolidation. (Check
box if no documents are attached in Exhibit A: 0.)
Listed in Exhibit B and attached hereto are supplemental affidavits attesting that
certain documents as described in paragraph 6 supra are lost, whether by
destruction, theft, or otherwise. (Check box if no documents are attached in
Exhibit B: &.)
I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
6
Dated: Williamsville, New York
January 10, 2018
\
Danie] S. Gvertz, Esq.
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NYSCEE BOC. NO. 23 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, | promise to pay U.S. $89847.43 {this amount
is called "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. [will make all payments under this Note in the form of cash, check or money ord fer.ho takes this Note
F understand that the Lender may transfer this Note, The Lender or anyone wI
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, |
will pay interest al 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
Time and Place of Payments
(a)
| will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1ST day of each month beginning on
‘12/01/07 . 1 will make these payments every month until I have paid all of the
principal and interest and any other charges described below that | may owe under this Note, Each
monthly payment will be applied to interest before Principal. If, on 3/01/37 wl
still owe amounts under this Note, | will pay those amounts in full on that date, which is called the
"Maturity Date."
1 will make my monthly payments at P.O. BOX 98784
LAS VEGAS, NV 89193 or at a different place ifi required by the Note Holder.
(B) ‘Amount of Monthly Payments
My monthly payment will be in the amount of U.S, $739.15 .
4, BORROWER'S RIGHT TO PREPAY
You caa prepay your loan at any time. However, if your toan 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 prepayment charge equal 1 3% of the original principal balance of this loan. You agree to pay
us this prepayment charge on the date you make the full prepayment. You also agrec that any delay or
failure to collect this prepayment change does not prevent us from collecting the prepayment charge at a
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 we,by
applicable stete or federal law or regulation. If prepayment code C is shown on the Lean Statement,
will not collect a prepayment charge under any ciecumstances.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted
0 that the interest or other oan charges collected or to be collected in connection with this Joan 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 by the laws of New
Pope 1013 onugIAL
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York, except that on first mortgage loans the rate of interest and the amount of points are permitied by
P.L. 96-221, as amended.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, | will pay a late charge to the Note Holder, The amount of the
charge will be 2% of the full amount of my payment of principal and interest. | will pay this late charge
promptly but only once-on each late payment.
(B) Default
If | do not pay the full amount of each monthly payment on the date it is due, { will be in
default.
(€) Notice of Default
If Lam in default, the Note Holder may send me a written notice telling me that if { 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
must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.
@) No Waiver By Note Holder
Even if, ata time when [ am in default, the Note Holder does not require me to pay immediately
in full as described above, the Note Holder will still have the right to do so if I am in defauh at a later
time.
Payment of Note Holder's Costs and Expenses
{E)
If the Note Holder has required me to pay immediately in full es.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 applicable law. Those expenses include, for example, reasonable
atiomey's fees,
(F) Return Check Charge
Ifa check used to make a payment on this loan is retumed for any reason, except an error by
Note Holder, I will pay Noté Holder a $20.00 charge.
a GIVING OF NOTICES
Untess 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 ata 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 at a
or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above
different address if f am given a notice of that different address.
8 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, cach person is fully and personally obligated-to keepwhoall
of the promises made in this Note, including the promise to pay the full amount owed. Any person
takes
is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who
is also
over these obligations, including the obligations of a guarantor, surety or endorser of this Note,
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.
% WAIVERS
and any other person who has obligations under this Note waive the rights of Presentment and
Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of
amounts due. "Notice of Dishonor" means the cight to require the Note Holder to give notice to other
persons that amounts due have not beén paid.
10. UNLFORM SECURED NOTE
Tais Note is a uniform instrument with limited variations in some jurisdictions. In addition to
the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed
(the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible
losses which might result if | do not keep the promises which | make in this Note. That Security
Instrument describes how and under what conditions | may be required to make’ immediate payment in
full of all amounts I owe under this Note, Some of those conditions are described as follows:
Lender may require immediate payment in full of all Sums Secured by this
Pace zea orga
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
Security Instrument if all or any part of the Property, or if any right in the Property, is
sold or transferred without Lender's prior written permission. If Borrower is not a
natural person and a beneficial interest in Borrower is sold or wansferred without
Lender's prior written permission, Lender also may require immediate payment in full.
However, this option shall not be exercised by Lender if such exercise Is prohibited by
Applicable Law.
If Lender requires immediate payment in full under this Section 16, Lender will
give me a notice which states this requirement. The notice will give me at [east 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 13 of this Security Instrument. If T do not
make the required payment during that period, Lender may act ta 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.
Borrot
EA LO -ZLo-CH{Seal)
Gs(Borrower
rANFRAI NATOLI
.
i
C 1O- Dect (Seal)
MELISSA NATOLI
Borrower
(Seal)
Borrower
:
(Seal)
[Sign Original Only}
Pepe orga
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NYSCEF BOC. NO. 23 REGEIVED NYSCEF: 05/05/2021
roa rae
wi
cdachor
al eo MARCUS ERASTEY
VICE PRESIDENT
AGL
Mey rn
0091
Without Recourse
Pay to the Order of
Wells Fargo Financial Credit Services
New York, Inc,
By: Photo Resin
Luke W. Reimers, Vice President 0001
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NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
MONROE COUNTY CLERK'S OFF
as
Index MORTGAGES
Return To:
Book 20792 Page 0661
WELLS FARGO
2496 RIDGE ROAD WEST No. Pages 0016
ROCHESTER NY 14626
Instrument MORTGAGE-SF
Date :: 10/10/2006
Time : 4:42:00
Control # 200610101016
MTG# M# CK 021393
NATOLI
AURELIO
NATOLI
BARBARA
WELLS FARGO FINANCIAL CREDIT S$ Employee ID NB40
ERVICES NEW YORK INC
MORTGAGE TAX
FILE FEE-S 19.00 MORTGAGE AMOUNT 5 54,186.93
FILE FEE-C 8.00
REC FEE 48.00 BASIC MORTGAGE TAX $ 271.00
MISC FEE-C 00
SPEC ADDIT MTG TAX 110.50
B MTG TAX 271.00
S MTG TAX 110.50
135.50 ADDITIONAL MTG TAX 135.50
SA MTG TAX
00
Total 517.00
-00
Total: 592.00
TRANSFER.
STATE OF NEW YORK
MONROE COUNTY CLERK'S OFFICE
THE CLERKS TRANSFER AMT $ 00
WARNING - THIS SHEET CONSTITUTES
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
oR REMOVE. TRANSFER TAX $ 00
STATE OF NEW YORK. DO NOT DETACH
Cheryl Dinolfo
Monroe County Clerk
CRA Me0?F20bb1
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NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
EO
ob
Prepared by: Wells Fargo Financial, Inc.
604 Locust
Des Moines, lowa $0309 aM,
tose 210 BH UR?
¢ CLERK
SUARUE COL
Rewm to; WELLS FARGO FINANCIAL CREDIT SERVICES NEW YORK, INC
2496 RIDGE ROAD WEST
GREECE, NY 14626
Oo IF THIS BOX IS CHECKED, THIS 1S A HIGH COST HOME LOAN SUBJECT TO PART
41 OF THE GENERAL REGULATIONS OF THE BANKING BOARD.
Account Number: _ IZ
MORTGAGE
‘WORDS USED OFTEN IN THIS DOCUMENT
(a) "Security Instrument." This document, which is dated 10/02/06 , together with
all Riders to this document, will be called the “Security Instrument.”
@B) “Borrower.” AURELIO NATOLI AND BARBARA NATOLI HUSBAND AND__
WIFE AS TENANTS BY THE ENTIRETY AS TO AN UNDIVIDED ONE
HALF fNTEREST AND GIANFRANCO NATOLI MARRIED AS TO ANUSDBRYDEDNOWEERALF INTEREST
TS WI. RIGETS OF
whose address is 33 HIDDEN CREEK
REEK LANE,
LANE, HAMLIN,
HAMLIN, NY 14464 45 JOINseonsizrs—_————
NY 14464“
sometimes will be celied "Borrower" and sometimes simply "I" or "me."
(c) "Lender." Wells Fargo Financial Credit Services New York, Inc. will be called “Lender.”
Lender is a corporation or association which exists under the laws of New York. Lender's address is
2496 RIDGE ROAD WEST, GREECE, NY 14626
(D) “Note.” The note signed by Borrower and deted 10/02/06. + will be called the
“Note.” The Note shows that I owe Lender $54186.93 (U.S. Dollars) plus interest and other
amounts that may be payable, I have promised (o pay this debt in Periodic Payments and to pay the debt
in fall by 10/06/36.
(E) "Property." The property that is described below in the section titled "Description of the
Property,” will be called the "Property."
) Loan." The “Loan” means the debt evidenced by the Note, pius interest, any prepayment
charges and late charges due under the Note, and all sums due under this Security Instrument, plus
interest.
(G) “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.”
(A) “Riders. All Riders attached to this Security Instrument that are signed by Borrower will be
called "Riders." The following Riders ere to be signed by Borrower [check box as applicable]:
CO Adjustable Rate Rider [] Condominium Rider ( Second Home Rider
[Balloon Rider (71 Planned Unit Development Rider [_] Other(s) [specify]
G 1-4 Family Rider 1 Biweekly Payment Rider
( “Applicable L “AN controlling applicable federal, state and local statues, regulations,
ordinances and administi jive rules and orders (that have the effect of law) as well as all applicable
final, non-appealable, judicial opinions will be called "Applicable Le .
® “Commonity Association Dues, Fees, and Assessments." All dues, fees, assessments and
other charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization will be called “Community Association Dues, Fees, and
Assessments."
(K) “Electronic Funds Transfer," "Electronic Funds Transfer" means any transfer of money, other
than by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
Page 10614
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institution to debit or credit an account. Some common examples of an Electronic Funds Transfer are
point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated
teller machine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(Ly “Misccllaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement,
award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and
ii)
paid under the coverage described in Section 4) for: (i) damage to, or destruction of, the Property;
Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of
Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property. A taking of the Property by any governmental authority by
eminent domain is known as "Condemnation."
(™) “Mortgage Lasurance.” "Mortgage Insurance” means insurance protecting Lender against the
nonpayment of, or default on, the Loan.
) "Perlodic Payment" means the regularly scheduled amount due for principal and interest under
the Note.
"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et
(0) “RESPA."
seq.) and its implementing regutation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that s governs the same subject
in this Security Instrument, “RESPA" refers to all requirement and restrictions that are
matter, As used
imposed in regard to “federally related mortgage loan” even if the Loan does not qualify as a
“federally related mortgage loan" under RESPA.
This property is improved by a one or two family residence.
CONSOLIDATION AGREEMENT
This Mortgage is hereby consolidated with a Mortgage dated N/A and recorded on
County,
N/A in the office of the Clerk of N/A
in Liber No. N/A , Page No. NIA , Document No. NiA .
of S N/A
in the original amount :
‘This Mortgage is hereby consolidated with a Mortgage dated NiA and recorded on
N/A in the office of the Clerk of N/A County,
iberNe N/A , Page No. N/A , Document No., Ni ik '
in the original amount of $ WA :
‘This Mortgage is hereby consolidated with a Mortgage dated NIA and recdirded:om
in the office of the Clerk of N/A. County,
in Liber No. , Page No. NIA , Document No. N/A _
NWA
in the original amount of $ N/A
‘This Mortgage is hereby consotidated with a Mortgage dated NiA and recorded on
County,
N/A in the office of the Clerk of ‘A
in Liber No. NiA , Page No. NIA , Document No. NIA. :
in the origina) amount of S N/A :
To compute recording tax: ‘New Amount Financed $s
Less Old Unpaid Amount Financed SNA
Amount Taxed NA
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BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
1 mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument.
This means that, by signing this Security Instrument, I am giving Lender those rights that are stated in
this Security Instrument and also those rights that Applicable Law gives to lenders who hold mortgages
on real property, 1 am giving Lender these rights to protect Lender from possible losses that might result
if | fail 10:
(A) Pay all the amounts that | owe Lender as stated in the Note including, but not limited to, all
renewals, extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect
the value of the Property and Lender's rights in the Property; and
(C) Keep all of my other promises and agreements under this Security Insteument and the Note.
DESCRIPTION OF THE PROPERTY
T give Lender rights in the Property described in (A) through (G) below
(A) The property which is focated at 33 HE
y
Ks Wd
CREEK LANE
[Street]
gat ,
HAMLIN. > New York 14464
(City, Town or Village] (Zip Code}
This Property is in MONROE County. It has the following
legal description:
The description of the property Is on a separate form as "Addendum
A to Mortgage.” attached to and Incorporated into this Mortgage."
(B) All buildings and other improvements that are located on the Property described in
subsection (A) of this section;
(C) Alll rights in other property that ] have as owner of the Property described in subsection (A)
of this section. These rights are known as “easements and appurtenances attached to the
Property;
(D) All rights that I have in the fand which lies in the streets or roads in front of, or next to, the
Property described in subsection (A) of this section;
(E) All fixtures that are now or in the fature will be on the Property described in subsections (A)
and (B) of this section;
(F) All of the rights and property described in subsections (B) through (E) of this section that 5
acquire in the future; and
(G) All septacements of or additions to the Property described in subsections (B) through (F) of
this section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of
the Property described in subsections (A) through (F) of this section.
BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S
OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY
1 promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the
Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for
those which are of public record,
I give a general warranty of title to Lender. This means that | will be fully responsible for any tosses
which Lender suffers because someone other than myself has some of the rights in the Property which I
promise that 1 have. [ promise that I will defend my ownership of the Property against any claims of
such rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Security Instrument contains promises and agreements that are used in real property security
instruments all over the country. It also contains other promises and agreements that vary in different
parts of the country. My promises and agreements are stated in “plain tanguage.”
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COVENANTS
| promise and I agree with Lender as follows:
1. Borrower's Promise To Pay. I will pay to Lender on time principal and interest due under the
Note and any prepayment, late charges and other amounts due under the Note.
of my
Payments due under the Note and Security Instrument shall be made in U.S. currency. If any
payments by check or other payment instrument is returned to Lender unpaid, Lender may require my
payment be made by: (a) cash; (b) money arder; (c) certified check, bank check, treasurer's check or
cashier's check, drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
2 Application of Borrower's Payments and Insurance Proceeds. Untess Applicable Law or this
Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the
following order:
First, to pay interest due under the Note;
Next, to pay principal due under the Note;
Such payments will be applied to cach Periodic Payment in the order in which it became due.
Any remaining amounts will be applied as follows:
First, to pay any late charges;
‘Nexi, to pay any other amounts due under this Security Instrument; and
Next, to reduce the principal balance of the Note.
as
Voluntary prepayments will be applicd as fotlows: First, to any prepayment charges; and Next,
described in the Note.
due
Any application of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal
under the Note will not extend or postpone the due date of the Periodic Payments or change the amount
of those payments.
3 Borrower's Obligation to Pay Charges, Assessments and Claims. | will pay all taxes,
that
assessments, water charges, sewer rents and other simitar charges, and any other charges and fines
may be imposed on the Property and that may be superior to this Security Instrument. | will also make
ground rents or payments due under my lease if | am a tenant on the Property and Community
‘Association Dues, Fees, and Assessments (if any) due on the Property. In this Security Instrument, the
word “Person” means any individual, organization, governmental authority or other party.
{ will promptly pay or satisfy alt Liens against the Property that may be superior to this Security
(a) I
Instrument. However, this Security Instrument does not require me to satisfy a superior Lien if:
agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the
way in which I agree to pay that obligation, but only so long as | am performing such agreement; (b) in
good faith, I argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the
lawsuit, the superior Lien may not be enforced, but only until the lawsuit ends; or (c) | secure from the
holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Security
instrument is superior to the Lien held by that Person, 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. Wi in
10 days of the date on which the notice is given, Bortower shall pay or satisfy the superior Lien or take
‘one or more of the actions mentioned in this Section 3.
Lender also may require me to pay a one-time charge for an independent real estate tax Teporting
service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender to
make such a charge.
4, Borrower's Obilgation to Maintaln Hazard Insurance or Property Insurance. | will obtain
hazard or property insurance to cover all buildings and other improvements that now are, or in the future
will be, located on the Property. The insurance will cover loss or damage caused by fire, hazards
normally covered by “Extended Coverage" hazard insurance polic 3, and any other hazards for which
Lender requires coverage, including, but not limited to earthquakes and floods. The insurance will be in
the amounts (including, but not limited to, deductible levels) and for the periods of time required by
Lender. What Lender requires under the last sentence can change during the term of the Loan. I may
choose the insurance company, but my choice is subject to Lender’s right to disapprove, Lender may not
disapprove my choice unless the disapproval is reasonable, Lender may require me to pay either (a) a
a
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“D “ONRO OUN NK :00 DM INDBeNG:.120780085E9515
NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021
one-time charge for flood-zone determi tion, certification and tracking services, or (b) a one-time
charge for flood-zone determination and certification services and subsequent charges each time
remappings or similar changes occur which reasonably might affect the flood zone determination or
certification. If 1 disagree with the flood zone determination, | may request the Federal Emergency
Managem
Preview
INDEX NO. 12018000515 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2708238 Book Page CIVIL Return To: No. Pages: 41 NANCY L. KOURLAND Instrument: EXHIBIT(S) Control #: 202105050506 Index #: 12018000515 Date: 05/05/2021 WELLS FARGO USA HOLDINGS, INC Time: 12:02:05 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 MOU A “ONRO OUN NK :00 DM INDi@€xNO: 1207800851515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 Exhibit “B” Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE aannnenns enennnne. mane. anennenene x Index No.: 900515/2018 Wells Fargo USA Holdings, Inc. Filed 01/22/18 Plaintiff, ~against- CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b Aurelio Natoli, Barbara Natoli, Gianfranco Natoli, Melissa Natoli, United States of America o/b/o Internal Revenue Service, New York State Workers Compensation Board, Mortgaged Premises: 33 Hidden Discover Bank, George M Reiber and "JOHN DOE #1" Creek Lane, Hamlin, NY 14464 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 Mortgage premises described in the Complaint, Defendants. enn en ener nnn n nen en ee ee nem ee enema eee n eee en ene en e e” lam an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the attorney for Plaintiff, Wells Fargo USA Holdings, Inc., in this action. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information and belief defendants, Aurelio Natoli, Barbara Natoli, Melissa Natoli, and Gianfranco Natoli are residents of the property subject to foreclosure. have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all the other instruments of indebtedness including any modification, extension, and consolidation. T have consulted about the facts of this case with the following representative of plaintiff: Name Title Denise Goldston Vice President Loan Documentation Upon this review and consultation, to the best of my knowledge, information and belief, I certify that there is a reasonable basis for the commencement of this Fp a0 “ONRO OUN NK OU DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 action, and that plaintiff is the creditor entitled to enforce rights under these documents. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension and consolidation. (Check box if no documents are attached in Exhibit A: 0.) Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 6 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: &.) I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. 6 Dated: Williamsville, New York January 10, 2018 \ Danie] S. Gvertz, Esq. “D TOK 0] OUN NK :00 DM INDBeNG:.120780085E9515 NYSCEE BOC. NO. 23 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, | promise to pay U.S. $89847.43 {this amount is called "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. [will make all payments under this Note in the form of cash, check or money ord fer.ho takes this Note F understand that the Lender may transfer this Note, The Lender or anyone wI 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, | will pay interest al 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 Time and Place of Payments (a) | will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on ‘12/01/07 . 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that | may owe under this Note, Each monthly payment will be applied to interest before Principal. If, on 3/01/37 wl still owe amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at P.O. BOX 98784 LAS VEGAS, NV 89193 or at a different place ifi required by the Note Holder. (B) ‘Amount of Monthly Payments My monthly payment will be in the amount of U.S, $739.15 . 4, BORROWER'S RIGHT TO PREPAY You caa prepay your loan at any time. However, if your toan 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 prepayment charge equal 1 3% of the original principal balance of this loan. You agree to pay us this prepayment charge on the date you make the full prepayment. You also agrec that any delay or failure to collect this prepayment change does not prevent us from collecting the prepayment charge at a 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 we,by applicable stete or federal law or regulation. If prepayment code C is shown on the Lean Statement, will not collect a prepayment charge under any ciecumstances. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted 0 that the interest or other oan charges collected or to be collected in connection with this Joan 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 by the laws of New Pope 1013 onugIAL “D “ONRO OUN NK :00 DM ——. INDBHeNG:.I20T80085ED5 15 NYSCEF DOC. NO. 23 REGEIVED NYSCEF: 05/05/2021 York, except that on first mortgage loans the rate of interest and the amount of points are permitied by P.L. 96-221, as amended. 6. BORROWER'S FAILURE TO PAY AS REQUIRED A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder, The amount of the charge will be 2% of the full amount of my payment of principal and interest. | will pay this late charge promptly but only once-on each late payment. (B) Default If | do not pay the full amount of each monthly payment on the date it is due, { will be in default. (€) Notice of Default If Lam in default, the Note Holder may send me a written notice telling me that if { 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 must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. @) No Waiver By Note Holder Even if, ata time when [ am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in defauh at a later time. Payment of Note Holder's Costs and Expenses {E) If the Note Holder has required me to pay immediately in full es.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 applicable law. Those expenses include, for example, reasonable atiomey's fees, (F) Return Check Charge Ifa check used to make a payment on this loan is retumed for any reason, except an error by Note Holder, I will pay Noté Holder a $20.00 charge. a GIVING OF NOTICES Untess 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 ata 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 at a or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above different address if f am given a notice of that different address. 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, cach person is fully and personally obligated-to keepwhoall of the promises made in this Note, including the promise to pay the full amount owed. Any person takes is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who is also over these obligations, including the obligations of a guarantor, surety or endorser of this Note, 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. % WAIVERS and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the cight to require the Note Holder to give notice to other persons that amounts due have not beén paid. 10. UNLFORM SECURED NOTE Tais Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make’ immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Pace zea orga “D “ONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or wansferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 16, Lender will give me a notice which states this requirement. The notice will give me at [east 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 13 of this Security Instrument. If T do not make the required payment during that period, Lender may act ta 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. Borrot EA LO -ZLo-CH{Seal) Gs(Borrower rANFRAI NATOLI . i C 1O- Dect (Seal) MELISSA NATOLI Borrower (Seal) Borrower : (Seal) [Sign Original Only} Pepe orga “ONRO OUN NK :00 DM NDBMeNé:.I20TR008HED5 15 NYSCEF BOC. NO. 23 REGEIVED NYSCEF: 05/05/2021 roa rae wi cdachor al eo MARCUS ERASTEY VICE PRESIDENT AGL Mey rn 0091 Without Recourse Pay to the Order of Wells Fargo Financial Credit Services New York, Inc, By: Photo Resin Luke W. Reimers, Vice President 0001 “ONRO OUN NK :00 DM INDBMeN €:.120T89085EH515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 MONROE COUNTY CLERK'S OFF as Index MORTGAGES Return To: Book 20792 Page 0661 WELLS FARGO 2496 RIDGE ROAD WEST No. Pages 0016 ROCHESTER NY 14626 Instrument MORTGAGE-SF Date :: 10/10/2006 Time : 4:42:00 Control # 200610101016 MTG# M# CK 021393 NATOLI AURELIO NATOLI BARBARA WELLS FARGO FINANCIAL CREDIT S$ Employee ID NB40 ERVICES NEW YORK INC MORTGAGE TAX FILE FEE-S 19.00 MORTGAGE AMOUNT 5 54,186.93 FILE FEE-C 8.00 REC FEE 48.00 BASIC MORTGAGE TAX $ 271.00 MISC FEE-C 00 SPEC ADDIT MTG TAX 110.50 B MTG TAX 271.00 S MTG TAX 110.50 135.50 ADDITIONAL MTG TAX 135.50 SA MTG TAX 00 Total 517.00 -00 Total: 592.00 TRANSFER. STATE OF NEW YORK MONROE COUNTY CLERK'S OFFICE THE CLERKS TRANSFER AMT $ 00 WARNING - THIS SHEET CONSTITUTES ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE oR REMOVE. TRANSFER TAX $ 00 STATE OF NEW YORK. DO NOT DETACH Cheryl Dinolfo Monroe County Clerk CRA Me0?F20bb1 “D “ONRO OUN NK :00 DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 EO ob Prepared by: Wells Fargo Financial, Inc. 604 Locust Des Moines, lowa $0309 aM, tose 210 BH UR? ¢ CLERK SUARUE COL Rewm to; WELLS FARGO FINANCIAL CREDIT SERVICES NEW YORK, INC 2496 RIDGE ROAD WEST GREECE, NY 14626 Oo IF THIS BOX IS CHECKED, THIS 1S A HIGH COST HOME LOAN SUBJECT TO PART 41 OF THE GENERAL REGULATIONS OF THE BANKING BOARD. Account Number: _ IZ MORTGAGE ‘WORDS USED OFTEN IN THIS DOCUMENT (a) "Security Instrument." This document, which is dated 10/02/06 , together with all Riders to this document, will be called the “Security Instrument.” @B) “Borrower.” AURELIO NATOLI AND BARBARA NATOLI HUSBAND AND__ WIFE AS TENANTS BY THE ENTIRETY AS TO AN UNDIVIDED ONE HALF fNTEREST AND GIANFRANCO NATOLI MARRIED AS TO ANUSDBRYDEDNOWEERALF INTEREST TS WI. RIGETS OF whose address is 33 HIDDEN CREEK REEK LANE, LANE, HAMLIN, HAMLIN, NY 14464 45 JOINseonsizrs—_———— NY 14464“ sometimes will be celied "Borrower" and sometimes simply "I" or "me." (c) "Lender." Wells Fargo Financial Credit Services New York, Inc. will be called “Lender.” Lender is a corporation or association which exists under the laws of New York. Lender's address is 2496 RIDGE ROAD WEST, GREECE, NY 14626 (D) “Note.” The note signed by Borrower and deted 10/02/06. + will be called the “Note.” The Note shows that I owe Lender $54186.93 (U.S. Dollars) plus interest and other amounts that may be payable, I have promised (o pay this debt in Periodic Payments and to pay the debt in fall by 10/06/36. (E) "Property." The property that is described below in the section titled "Description of the Property,” will be called the "Property." ) Loan." The “Loan” means the debt evidenced by the Note, pius interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) “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.” (A) “Riders. All Riders attached to this Security Instrument that are signed by Borrower will be called "Riders." The following Riders ere to be signed by Borrower [check box as applicable]: CO Adjustable Rate Rider [] Condominium Rider ( Second Home Rider [Balloon Rider (71 Planned Unit Development Rider [_] Other(s) [specify] G 1-4 Family Rider 1 Biweekly Payment Rider ( “Applicable L “AN controlling applicable federal, state and local statues, regulations, ordinances and administi jive rules and orders (that have the effect of law) as well as all applicable final, non-appealable, judicial opinions will be called "Applicable Le . ® “Commonity Association Dues, Fees, and Assessments." All dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization will be called “Community Association Dues, Fees, and Assessments." (K) “Electronic Funds Transfer," "Electronic Funds Transfer" means any transfer of money, other than by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Page 10614 a 1972029.0508 “D “ONRO OUN NK :00 DM INDBHeNG:.I20T80085ED5 15 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 institution to debit or credit an account. Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (Ly “Misccllaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and ii) paid under the coverage described in Section 4) for: (i) damage to, or destruction of, the Property; Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. A taking of the Property by any governmental authority by eminent domain is known as "Condemnation." (™) “Mortgage Lasurance.” "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. ) "Perlodic Payment" means the regularly scheduled amount due for principal and interest under the Note. "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et (0) “RESPA." seq.) and its implementing regutation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that s governs the same subject in this Security Instrument, “RESPA" refers to all requirement and restrictions that are matter, As used imposed in regard to “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan" under RESPA. This property is improved by a one or two family residence. CONSOLIDATION AGREEMENT This Mortgage is hereby consolidated with a Mortgage dated N/A and recorded on County, N/A in the office of the Clerk of N/A in Liber No. N/A , Page No. NIA , Document No. NiA . of S N/A in the original amount : ‘This Mortgage is hereby consolidated with a Mortgage dated NiA and recorded on N/A in the office of the Clerk of N/A County, iberNe N/A , Page No. N/A , Document No., Ni ik ' in the original amount of $ WA : ‘This Mortgage is hereby consolidated with a Mortgage dated NIA and recdirded:om in the office of the Clerk of N/A. County, in Liber No. , Page No. NIA , Document No. N/A _ NWA in the original amount of $ N/A ‘This Mortgage is hereby consotidated with a Mortgage dated NiA and recorded on County, N/A in the office of the Clerk of ‘A in Liber No. NiA , Page No. NIA , Document No. NIA. : in the origina) amount of S N/A : To compute recording tax: ‘New Amount Financed $s Less Old Unpaid Amount Financed SNA Amount Taxed NA Pageof 4 wv-2020 0506 “D “ONRO OUN NK :00 DM INDBHeNG:.I20T80085ED5 15 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY 1 mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, I am giving Lender those rights that are stated in this Security Instrument and also those rights that Applicable Law gives to lenders who hold mortgages on real property, 1 am giving Lender these rights to protect Lender from possible losses that might result if | fail 10: (A) Pay all the amounts that | owe Lender as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Insteument and the Note. DESCRIPTION OF THE PROPERTY T give Lender rights in the Property described in (A) through (G) below (A) The property which is focated at 33 HE y Ks Wd CREEK LANE [Street] gat , HAMLIN. > New York 14464 (City, Town or Village] (Zip Code} This Property is in MONROE County. It has the following legal description: The description of the property Is on a separate form as "Addendum A to Mortgage.” attached to and Incorporated into this Mortgage." (B) All buildings and other improvements that are located on the Property described in subsection (A) of this section; (C) Alll rights in other property that ] have as owner of the Property described in subsection (A) of this section. These rights are known as “easements and appurtenances attached to the Property; (D) All rights that I have in the fand which lies in the streets or roads in front of, or next to, the Property described in subsection (A) of this section; (E) All fixtures that are now or in the fature will be on the Property described in subsections (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that 5 acquire in the future; and (G) All septacements of or additions to the Property described in subsections (B) through (F) of this section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY 1 promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which are of public record, I give a general warranty of title to Lender. This means that | will be fully responsible for any tosses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that 1 have. [ promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other promises and agreements that vary in different parts of the country. My promises and agreements are stated in “plain tanguage.” Page dol 1ee-7028-0508 “D “ONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 COVENANTS | promise and I agree with Lender as follows: 1. Borrower's Promise To Pay. I will pay to Lender on time principal and interest due under the Note and any prepayment, late charges and other amounts due under the Note. of my Payments due under the Note and Security Instrument shall be made in U.S. currency. If any payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be made by: (a) cash; (b) money arder; (c) certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. 2 Application of Borrower's Payments and Insurance Proceeds. Untess Applicable Law or this Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order: First, to pay interest due under the Note; Next, to pay principal due under the Note; Such payments will be applied to cach Periodic Payment in the order in which it became due. Any remaining amounts will be applied as follows: First, to pay any late charges; ‘Nexi, to pay any other amounts due under this Security Instrument; and Next, to reduce the principal balance of the Note. as Voluntary prepayments will be applicd as fotlows: First, to any prepayment charges; and Next, described in the Note. due Any application of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal under the Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments. 3 Borrower's Obligation to Pay Charges, Assessments and Claims. | will pay all taxes, that assessments, water charges, sewer rents and other simitar charges, and any other charges and fines may be imposed on the Property and that may be superior to this Security Instrument. | will also make ground rents or payments due under my lease if | am a tenant on the Property and Community ‘Association Dues, Fees, and Assessments (if any) due on the Property. In this Security Instrument, the word “Person” means any individual, organization, governmental authority or other party. { will promptly pay or satisfy alt Liens against the Property that may be superior to this Security (a) I Instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way in which I agree to pay that obligation, but only so long as | am performing such agreement; (b) in good faith, I argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the lawsuit, the superior Lien may not be enforced, but only until the lawsuit ends; or (c) | secure from the holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Security instrument is superior to the Lien held by that Person, 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. Wi in 10 days of the date on which the notice is given, Bortower shall pay or satisfy the superior Lien or take ‘one or more of the actions mentioned in this Section 3. Lender also may require me to pay a one-time charge for an independent real estate tax Teporting service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender to make such a charge. 4, Borrower's Obilgation to Maintaln Hazard Insurance or Property Insurance. | will obtain hazard or property insurance to cover all buildings and other improvements that now are, or in the future will be, located on the Property. The insurance will cover loss or damage caused by fire, hazards normally covered by “Extended Coverage" hazard insurance polic 3, and any other hazards for which Lender requires coverage, including, but not limited to earthquakes and floods. The insurance will be in the amounts (including, but not limited to, deductible levels) and for the periods of time required by Lender. What Lender requires under the last sentence can change during the term of the Loan. I may choose the insurance company, but my choice is subject to Lender’s right to disapprove, Lender may not disapprove my choice unless the disapproval is reasonable, Lender may require me to pay either (a) a a Page dot 4 ny-207p-0508 “D “ONRO OUN NK :00 DM INDBeNG:.120780085E9515 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 05/05/2021 one-time charge for flood-zone determi tion, certification and tracking services, or (b) a one-time charge for flood-zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect the flood zone determination or certification. If 1 disagree with the flood zone determination, | may request the Federal Emergency Managem