Preview
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/21/2023
+ 2o23 41o12
EF22-400
06/21/2023 11:48:56 AM
Pages 5
E zabe h Larkin, County Clerk
Exhibit B
{5318969: }
M.
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF
]FILED DOC.
: NO. 26
CORTLAND COUNTY CLERK 0 9/16/2022 01:50 PM|
RECEIVEDINDEX
NYSCEF: EF22-4
NO. 06/21/2023
00
2 RECEIVED NYSCEF: 09/16/2022
. . s
NOTE
NOTICE: THIS LOAN NOT
IS ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
FEBRUARY 13, 2004
[Date] [City] gitEfB]
15 WATER STREET, CORTLANo, NT 13 D45
[Propeny Address)
L BORRDWER'S PROMISE TO PAY
In return far a loan astIhave received, I promise to pay U.S. $ ******57,35D.CD (thisamount is caIIed "Principal"),
plus interest, totheorderoftheIander. The Lesler is WELLS FARGO HONE NORTGAGE, INC.
I will make all paymentsnder dris Note in the form of cash, check or money order.
I understand mal the Iarder may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
to receive Holder."
entitled payments under this Note is called the "Note
2. ]NTEREST
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 6 - DDD 0
The interest rate required by this Section 2 is the rate I will pay both before and after any dermit described in Section 6(B)
of this Note.
3. PAYMENTS
[A) Thne and Place of Payments
I will pay principal and imams1 by making a payment every month.
Iwill make my moufhly payment an theFIRST day of each month beginning on APRIL D1, 2004 _ I will
make these paymems every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest
before Principal. If, cm naRCE 01, 2034 , I still owe arnounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity "
Date
I will make my mnnf My payments atWELLS FARGO HOME MORTGAGE , TNC. , P -0. BOX 10304, DES
MOINES, In 503D60304 or at a different place if required by the Note Holder.
(B) Amount of Manfhly Payments
My monthly paynnmt will be in the amount of U.S. $ **********343. B4
4. EORROWER'SR1mIT TO PREPAY
The Borrower shall have the right
to prepay at any time, without premium or fee, the entim indebtedness or any part
thereof not less than the amount
of ane installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness
shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an
installment due date need not be credited until the next following installment due date or 3D days after such Prepayment,
whichever is endler.
N EWYORK FRED RATE NOTE-Single FarnIly-Fannia Mae/Freddle Mac UNIPORM INSTRUMENT
A mended forVeterans Afhdrs
Fonn 3233 1/01
5GINY} suno Amended 6/00
vMPuonmANEFDEMB- tBD 21-M91 -
Page1oT3 Inth _,
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF
FILED DOC.
: NO. 26
CORTLAND COUNTY CLERK O 9 / 1 6 / 2 O2 2 0 1:5 O
RECEIVEDINDEX
NYSCEF:
NO. 06/21/2023
EF22-4 00
PM)
NY SCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2 O2 2
. - 1
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum
loan charges, is finally integreted so that the interest or other
loan charges collected or to be collected in connection with
this loan exceed the permitted limiis, then: (a) any such Ioan charge
shan be aduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me, If a lefund reduces Principal, the reduction will be treated
as a partial Prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has 1st received the inll anount of any monthly payment by the end of 15 calendar days
after the date it is dne, I will pay a late charge to the Note Holder. The amount of the charge will be 4 - 000 % of
my overdue payment. I will pay this late charge promptly but only once on each late payment.
(B) Defanit
If I do not pay the fall moount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Defmdt
If I am in ddault, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe an that at¤ount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
{D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in fuU as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses .
If the Rote Holder has regated me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not pmbibited by applicable Iaw. Those
attorneys'
expenses include, for eumple, masonable fees.
7. GIVING OF NOTICES
Unless law requires a different
applicable method, any notice that must be given to me under this Note will he given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different addma if I give the Note
Holder a notice of my diffenmt address.
Any notice that most be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Hokler at the address stated in Section 3(A) above or at a different address if I an given a notice of that
different address..
8. OBLIGATIONS 07 PERSONS UNDER THIS NOTE
If mare than one person
signs this Note, each person is fully and personally obligated to keep all of the pmmises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely ar endomer of this Note is
also obligated to do these things. Any person who takes over these obligations, including die obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enfame its rights
under this Note against each peson individually or against all of us together. This means that any ane of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" Dishonor"
rneans the right to require the Note Holder to demand payment of arcounts due. "Notice of meana the
right to requim the Note Holder to give notice to other persons that amounts due have not beenpaid.
Form 3233 1 01
5GINY) rooorg 2 or a intrate
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
F IIaE DOC.
NYSCEF NO. 26
D : CORTLAND RECEIVEDINDEX
NYSCEF: EF22- 4 0 0
NO. 06/21/2023
COUNTY CLERK 0 9/16/2022 01: 5 O PM)
NYSCEF DOC. NO. 2 RECEIVED NY S CE F : 0 9/16 /2 0 2 2
- , Ï
10. ALLONGE TO TES NOTE
If an allongepmviding for payment adjustments or for any other supplemental information is executed by the Borrower
together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of
this Note as if the alienge were a part of this Note. [Check applicable
box]
Graduated Payment Allonge Other [Specify] Other [Spe4ify]
11. UNIFORM SECUHED NOTE
This Note is a uniform
instrument with limited variations in some jurisdictions, In addition to the pmtections given to the
Note Rolder under
this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security dated the same date as
Instrmrant"),
this Note, protects fbe Note Holder from possible Iosses which might result if I do not
keep the promises which I make in this
Note. That Security Instrnmmt describes how and under what conditions I inay be required to make imme/finte payment in full
of all amounts I eve under this Note. Some of those conditions are described as follows:
Regulations 08 C.P.R. Part
36) issued under the Department of Veterans Affaira Guaranteed Ioan
("VA")
Authority @8 U.S.C. Chapter
37) and in effect on the date of loan closing aball govern the rights, duties and
liabilities of the parties to this Ioan and any provisions of this Note which are inconsistent with such
regulations are hereby smended and supplemented to conform thereto.
WITNESS THE RAND(S) AND SEA&S) OF THE UNDERSIGNED.
(Seni) (Seal)
TIMOT EY -Borrower ROB L BTRAMBA -Bonnwer
(Seal) --
(Sent)
-Bormwer -Bonower
W1THOUTRECOURSE
PM 70 THE ORDER OF O
" -B°"°"
WELLS FARGO HOME MORTGAGE, INC.
By:
Beverly Crockett, Wee President of
Loan Documerdation
(Seal) /Seal)
-Bormwar -Borrower
(sign originat Only]
n oumentsNon
-5GINY) muasi Pages or a ForrÀ 3232 1/0t
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF
(FILED DOC.
: NO. 26
CORTLAND COUNTY CLERK 09/16/2022 01:50 RECEIVEDINDEX
NYSCEF:
NO. 06/21/2023
EF22-400
PM|
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2 022
The an ofrepresendog people
CERTIFICATION ATTACHMENT . .
DATE OP.NOTE:
Σ EH1(O h 1 r}
ORIGINAL LO AN AMOUNT:
PROPERTY ADDRESS:
deae-r 0\ >w C DH IMU
BORROWER NAME:
Pursuant of CPLR 2015 I have compared the attached docunient with the original and found it to be a true
and complete copy. Thereason this attachment is being used is because there is.not enough room on the
c#the original 10 place said certiñeation at the bottom there of. This certification is intended to be
copy
and.subsequent case law. that the certiscation be at the end of
used tDcomply with CPLT 2105, requiring
the document to be ceniñed.
SIGNED:
NAME:
1 n (|(R1/k,2
DATE:
Preview
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/21/2023 + 2o23 41o12 EF22-400 06/21/2023 11:48:56 AM Pages 5 E zabe h Larkin, County Clerk Exhibit B {5318969: } M. FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF ]FILED DOC. : NO. 26 CORTLAND COUNTY CLERK 0 9/16/2022 01:50 PM| RECEIVEDINDEX NYSCEF: EF22-4 NO. 06/21/2023 00 2 RECEIVED NYSCEF: 09/16/2022 . . s NOTE NOTICE: THIS LOAN NOT IS ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. FEBRUARY 13, 2004 [Date] [City] gitEfB] 15 WATER STREET, CORTLANo, NT 13 D45 [Propeny Address) L BORRDWER'S PROMISE TO PAY In return far a loan astIhave received, I promise to pay U.S. $ ******57,35D.CD (thisamount is caIIed "Principal"), plus interest, totheorderoftheIander. The Lesler is WELLS FARGO HONE NORTGAGE, INC. I will make all paymentsnder dris Note in the form of cash, check or money order. I understand mal the Iarder may transfer this Note. The Lender or anyone who takes this Note by transfer and who is to receive Holder." entitled payments under this Note is called the "Note 2. ]NTEREST 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 6 - DDD 0 The interest rate required by this Section 2 is the rate I will pay both before and after any dermit described in Section 6(B) of this Note. 3. PAYMENTS [A) Thne and Place of Payments I will pay principal and imams1 by making a payment every month. Iwill make my moufhly payment an theFIRST day of each month beginning on APRIL D1, 2004 _ I will make these paymems every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest before Principal. If, cm naRCE 01, 2034 , I still owe arnounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity " Date I will make my mnnf My payments atWELLS FARGO HOME MORTGAGE , TNC. , P -0. BOX 10304, DES MOINES, In 503D60304 or at a different place if required by the Note Holder. (B) Amount of Manfhly Payments My monthly paynnmt will be in the amount of U.S. $ **********343. B4 4. EORROWER'SR1mIT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entim indebtedness or any part thereof not less than the amount of ane installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 3D days after such Prepayment, whichever is endler. N EWYORK FRED RATE NOTE-Single FarnIly-Fannia Mae/Freddle Mac UNIPORM INSTRUMENT A mended forVeterans Afhdrs Fonn 3233 1/01 5GINY} suno Amended 6/00 vMPuonmANEFDEMB- tBD 21-M91 - Page1oT3 Inth _, FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF FILED DOC. : NO. 26 CORTLAND COUNTY CLERK O 9 / 1 6 / 2 O2 2 0 1:5 O RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-4 00 PM) NY SCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2 O2 2 . - 1 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally integreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limiis, then: (a) any such Ioan charge shan be aduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me, If a lefund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has 1st received the inll anount of any monthly payment by the end of 15 calendar days after the date it is dne, I will pay a late charge to the Note Holder. The amount of the charge will be 4 - 000 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Defanit If I do not pay the fall moount of each monthly payment on the date it is due, I will be in default. (C) Notice of Defmdt If I am in ddault, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe an that at¤ount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. {D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in fuU as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses . If the Rote Holder has regated me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not pmbibited by applicable Iaw. Those attorneys' expenses include, for eumple, masonable fees. 7. GIVING OF NOTICES Unless law requires a different applicable method, any notice that must be given to me under this Note will he given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different addma if I give the Note Holder a notice of my diffenmt address. Any notice that most be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Hokler at the address stated in Section 3(A) above or at a different address if I an given a notice of that different address.. 8. OBLIGATIONS 07 PERSONS UNDER THIS NOTE If mare than one person signs this Note, each person is fully and personally obligated to keep all of the pmmises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely ar endomer of this Note is also obligated to do these things. Any person who takes over these obligations, including die obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enfame its rights under this Note against each peson individually or against all of us together. This means that any ane of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" Dishonor" rneans the right to require the Note Holder to demand payment of arcounts due. "Notice of meana the right to requim the Note Holder to give notice to other persons that amounts due have not beenpaid. Form 3233 1 01 5GINY) rooorg 2 or a intrate FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 F IIaE DOC. NYSCEF NO. 26 D : CORTLAND RECEIVEDINDEX NYSCEF: EF22- 4 0 0 NO. 06/21/2023 COUNTY CLERK 0 9/16/2022 01: 5 O PM) NYSCEF DOC. NO. 2 RECEIVED NY S CE F : 0 9/16 /2 0 2 2 - , Ï 10. ALLONGE TO TES NOTE If an allongepmviding for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the alienge were a part of this Note. [Check applicable box] Graduated Payment Allonge Other [Specify] Other [Spe4ify] 11. UNIFORM SECUHED NOTE This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the pmtections given to the Note Rolder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security dated the same date as Instrmrant"), this Note, protects fbe Note Holder from possible Iosses which might result if I do not keep the promises which I make in this Note. That Security Instrnmmt describes how and under what conditions I inay be required to make imme/finte payment in full of all amounts I eve under this Note. Some of those conditions are described as follows: Regulations 08 C.P.R. Part 36) issued under the Department of Veterans Affaira Guaranteed Ioan ("VA") Authority @8 U.S.C. Chapter 37) and in effect on the date of loan closing aball govern the rights, duties and liabilities of the parties to this Ioan and any provisions of this Note which are inconsistent with such regulations are hereby smended and supplemented to conform thereto. WITNESS THE RAND(S) AND SEA&S) OF THE UNDERSIGNED. (Seni) (Seal) TIMOT EY -Borrower ROB L BTRAMBA -Bonnwer (Seal) -- (Sent) -Bormwer -Bonower W1THOUTRECOURSE PM 70 THE ORDER OF O " -B°"°" WELLS FARGO HOME MORTGAGE, INC. By: Beverly Crockett, Wee President of Loan Documerdation (Seal) /Seal) -Bormwar -Borrower (sign originat Only] n oumentsNon -5GINY) muasi Pages or a ForrÀ 3232 1/0t FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF (FILED DOC. : NO. 26 CORTLAND COUNTY CLERK 09/16/2022 01:50 RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 PM| NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2 022 The an ofrepresendog people CERTIFICATION ATTACHMENT . . DATE OP.NOTE: Σ EH1(O h 1 r} ORIGINAL LO AN AMOUNT: PROPERTY ADDRESS: deae-r 0\ >w C DH IMU BORROWER NAME: Pursuant of CPLR 2015 I have compared the attached docunient with the original and found it to be a true and complete copy. Thereason this attachment is being used is because there is.not enough room on the c#the original 10 place said certiñeation at the bottom there of. This certification is intended to be copy and.subsequent case law. that the certiscation be at the end of used tDcomply with CPLT 2105, requiring the document to be ceniñed. SIGNED: NAME: 1 n (|(R1/k,2 DATE: