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Exhibit H
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
WELLS FARGO BANK, N.A., SUMMONS
FORECLOSUREACTION
Plaintiff,
Index No.:
v.
Propelty Addless:
TIMOTRY J. STRAMBA, CITY OF CORTLAND, JOHN 15 Water Street
DOE, Cortland, NY 13045
Defendants. SBL No.: 86.80-02-42.000
TO THE ABOVE NAMED DEFENDANTS:
YOUARE HEREBY SUMMONED to answer the Complaint in the above action and serve
a copy of your Answer on the plaintiffs attorney within twenty (20) days after the service of this
Summons, exclusive of the day of service, or within thitty (30) days after completion of service
where service is made in any other manner than by personal delivery within the State. The United
States ofAmerica, if designated as a defendant in this action, may answer or appear wi&in sixty
(60) days of service hereof In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
Cortland County is designated as Gie place of trial. The basis of venue is Se location of
the mortgaged premises.
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NOTICE YOUARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the sttorney for the mortgage company who filed this foreclosure proceeding against you
and 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 further
information on how to answerthe summons and protect your p roperty.
Sending a payment to your mortgage company will n of stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Stuart P. Prame, Esq.
Dated: August 17, 2022
Woods Oviatt Gilman LLP
Monroe County Attorneys for Plaintif
Rochester, New York
500 Bausch & Iomb Place
Rochester, NY 14604
Tel.: 855-227-5072
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
WELLS FARGO BANK, N.A., FORECLOSURE COMPLAINT
Plaintiff, Index No.:
v. Property Address:
15 Water Street
TIMOTHY J. STRAMBA, CITY OF CORTLAND, JOHN Cortland, NY 13045
DOE,
SBL No.: 86.80-02-42.000
Defendants.
Plaintiff alleges:
1. Wells FargoBant,N.A. is aNationalAssociationdulyorganizedand existingunder
the laws of the United States ofAmerica.
2. Upon information and belief, the Defendant(s) set fo1th above, hereinaiter
"A"
collectively and individually referred to as "Defendant(s)", and as set fo1th in Exhibit reside
at or have offices at the address set forth therein, and elaim to have some interest in or lien upon
Defendant(s)'
the real property covered by the Mortgage. All of the interests are subordinate to
the Plaintiffs interest, and are made patties to this action in the capacities as alleged in ExhibitA
and for the purpose of foreclosing and extinguishing any other right, title, or interest said
Defendant(s) have in the subject Premises.
3. All agencies or instrumentalities of Pederal, State and local govemment (by
whatever name designated) that are named as Defendant(s) in this action, are made parties solely
by reason of the material set forth in Exhibit "A", and for no other reason.
AS FORA FIRST CAUSE OF ACTION
4. On or about February 13, 2004, Robin L. Stramba (now deceased) and Timothy J.
Stramba, executed and delivered a certain Note or Notes wherein Robin L Stramba (now
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deceased) and Timothy J. Stramba, promised to pay the sum of $57,350.00, plus interest, as more
"B"
particularly described and set forth in Exhibit annexed hereto and made a part hereof (the Note
"B"
or Notes set forth in Exhibit are collectively hereinafter referred to as the "Note"). A Certified
copy of the Note or evidence thereof is attached hereto as Exhibit "B".
5. As security for repayment of the Note, Robin L. Stramba (now deceased) and
Emothy J. Stramba, executed a mortgage or mortgages, as more particularly described and set
"B"
forth in Exhibit annexed hereto and made a part hereof, as a lien upon real property commonly
referred to as 15 Water Street, Cortland, NY 13045 (the "Premises") (the mortgage or mortgages
"B"
set forth in Exhibit are collectively hereinafter referred to as the "Mortgage"). Upon
information and belief, all applicable mortgage taxes were paid at the time of recording the
Mortgage. A copy of the Mortgage or Mortgages is attached hereto as Exhibit "B".
6. That the Defendant(s) Robin L. Stramba (now deceased) and Emothy J. Stramba,
have failed and neglected to comply with the terms of said Note, Mortgage/Agreements, and/or
said instruments secured by said Mortgage by failing to repay the installment payments due on
February 1, 2022 and subsequent payments.
7. There is now due and owing on the Note and Mortgage a principal balance of
$35,568.99 together with: accrued interest from January 1, 2022 at a rate of 6.000%, late charges,
monies advanced for taxes, assessments, insurance, inspection, maintenance and preservation of
the Premises, together with costs, allowances, expenses of sale, and reasonable attorney's fees if
permitted by the terms of the Mortgage.
8. Plaintiff is the current Mortgagee of record of the Premises. Wells Fargo Bank,
N.A. is successor by merger to WeHs Fargo Home Mortgage, Inc. The Premises is more fully
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"C"
described in Exhibit attached to this Complaint,
9. PInintiff is the owner and holder of the subject -Note and Mortgage, or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
subject Note and Mortgage. The underlying Note was payable to the Plaintiff or indorsed
(specifically or in blank) and negotiated to the Plaintiff. Prior to the filing of this Complaint,
Plaintiff or Plaintiffs Agent was in possession and control of the original note or evidence of
ownership of the original note.
10. Plaintiff has complied with the provisions of Real Property Actions and
Proceedings Law §1304 AND §1306, unless exempt from doing so, and the loan at issue in this
action complied with the provisions of Banking Law §§ 595-a, 6-l and 6-m, as applicable.
11. During the pendency of this action, the Plaintiff may be compelled to pay local
taxes, assessments, water rates, insurance premiums and other charges affecting the Premises. In
that event, the Plaintiff requests that such amounts with interest, should be added to the sum
secured by the Mortgage.
12. There are no other actions or pending proceedings at law to collect or enforce the
note and mortgage.
WHEREFORE, Plaintiff demands judgment:
(a) determining the amount due for principal, interest, laxes, insurance, costs,
attorneys'
reasonable fees and other charges;
(b) declaring that the Defendants and all persons claiming an interest in the
property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity
of redemption in the mortgaged premises and fixtures;
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(c) declaring that the mortgaged premises and fixtures be sold according to law;
(d) awarding the sale proceeds to the Plaintiff to the extent determined under
(a) above;
(e) declaring that any of the parties to this action may become a purchaser upon
such sale;
(f) appointing a Receiver of the rents and profits of the mortgaged premises;
(g) adjudging the Defendant(s), Timothy J. Stramba, to be liable to Plaintiff for
any deficiency of the indebtedness that may remain after applying the proceeds ofthe real property,
fixtures, and granting Plaintiff a money judgment for that amount, provided a motion for a
deficiency judgment shall be made as prescribed by Section 1371 of the Real Pmperty Actions and
Pmceedings Law within the time limited therein;
(h) granting the Plaintiff such additional relief as is proper.
Dated- Stuart P. Frame, Esq.
August 17, 2022
Woods Oviatt Gilman LLP
Roc e er, N Ybrk
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
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EXHIB1T A
Defendant
Timothy J. Stramba Mortgagor by virtue of a Mortgage. Obligor by
15 Water Street virtue of aNote. Record Owner by virtue of a
Cortland, NY 13045 Deed. Surviving Spouse of Robin L Stramba,
decedent who died on August 26, 2021.
City of Cortland Subordinate mortgagee by virtue of a
25 Court Street Mortgage recorded on November 8, 2017 in
Cortland, NY 13045 Instrument No. 2017-05445.
John Doe A fictitious name intending to represent tenants
15 Water Street and/or occupants of the mortgaged premises.
Cortland, NY 13045
GV1ty2022 01:5(k33PM
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EXHIBIT B
Note(s):
Note from Robin L. Stramba (now deceased) and Timothy J. Stramba dated February 13, 2004, in
the original Principal amount of $57,350.00 plus interest.
Mo1tgage(s):
Mortgage from Robin L. Stramba (now deceased) and Timothy J. Stramba to Wells Fargo Home
Mortgage, Inc., dated February 13, 2004, in the original principal amount of $57,350.00, and
recorded in the Offlee of the Clerk of the County of Cortland on July 6, 2004 in Instrument No.
1026027-001.
Wells Fargo Bank, N.A. is successor by merger to Wells Fargo Home Mortgage, Inc.
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. - s
NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
ORITS AUTHORIZED AGENT.
F EBRUARY 13, 2 D04
IDme] [Cityl Ustate]
15 WAT.ER STREET, CORTTAND, NT 13045
{Propeny Addreu]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ ******57,35D. 0 D (tids amount is called 'Trincipal"),
plus interest, to the order of the Inder. The Lender is WELLS FARGO ROME NORTGAGE, INC.
I will make all payments under this Note in the formof cash, check or money order.
I understand that die lander may transfer Note. The Lender or anyone who
this tales this Note by transfer and who is
Holder."
entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of PDncipal has been paid. I will pay interest at a yearly
rate of 6 - 00 D 0
Theinterestraterequired by this Section 2 is the rate I will pay both before and after any defmilt described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time mud Plam of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on theFIRST day of each month beghming onúPRIL D1, 2004 ..I will
make thesepayments every enrmth until I have paid all of the principal and interest and any other charges described belovr 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 PDncipal If, an nancE 01, 2034 , I still owe amomits under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will mate my monthly payments atWELLS FARGO HOME MORTGAGE, INC, , P . O. BDX 10304, DE S
MOINE S , Š†5D3060304 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
paynmat will be la the amount of U.S. * *** ******3 43.
My monthly $ 84
4. BORROWER'S RIGHT TO PREPAY
The Bonower shall the right
to prepay at any time. without
have premium or fee, the entire indebtedness or any part
thereof not less than the amount
of one installtnmt, or $100.00, whichever is less. Any Prepayment in full of the indebtedness
shall be creditedonthe date received, and no interest may be charged thereafter. Any partial Pnpayment 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 emlier.
NI!W YDRK FlXED RATE NOTE-Single FarnHy-Fanda Mae/Freddle Mac UN1FORM INSTRUMENT
Amended for Veterans Affairs
Form 3233 1101
SGINY} sum Amended 6MO
VMPf)ORMAGEFORMS-EDD]521-7291
Paget o13 InEfals±
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5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Ioan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coIIected from
nie which exceeded permitted IImits will be refunded to me. The Note Holder may choose to male this refund by reducing the
Principal I owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Churge 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, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of
rny overdue payment. I will pay this late charge promptly but only once on each late payment.
(B) Defanit
If I do not pay the full amount of each monthly payment on the date it is due, I will be in defanTr
(C) Notice of Defmdt
If I am in ddenit, 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 on that amount. That date must be at least 30 days after the date on wi1ich the notice is ma{Ied to me or
delivered by other rena
(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
Preview
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 06/21/2023 Ä 2o23 41o1 EF22-400 06/21/2023 11:48:56 AM Pages 36 E z be h Larkin, County Clerk Exhibit H {5318969: } FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF liTLED: DOC.CORTLAND NO. 32 COUNTY CLERK 0 20 : 5 RECEIVEDINDEX NYSCEF: NO. 06/21/2023 E F22-400 NY SCE F DOC. WO. 1 RECEIVED NY SCEF: 09/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND WELLS FARGO BANK, N.A., SUMMONS FORECLOSUREACTION Plaintiff, Index No.: v. Propelty Addless: TIMOTRY J. STRAMBA, CITY OF CORTLAND, JOHN 15 Water Street DOE, Cortland, NY 13045 Defendants. SBL No.: 86.80-02-42.000 TO THE ABOVE NAMED DEFENDANTS: YOUARE HEREBY SUMMONED to answer the Complaint in the above action and serve a copy of your Answer on the plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thitty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States ofAmerica, if designated as a defendant in this action, may answer or appear wi&in sixty (60) days of service hereof In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Cortland County is designated as Gie place of trial. The basis of venue is Se location of the mortgaged premises. 2022326la EF22-400 09t16r2022 0t5023 PM Pages 6 {8940635: }105334-1 S ONS 1 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF F ILED DOC. : NO. 32 CORTLAND COUNTY CLERK 6 20 : 5 RECEIVEDINDEX NYSCEF: EF22-400 NO. 06/21/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/16/2022 NOTICE YOUARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the sttorney for the mortgage company who filed this foreclosure proceeding against you and 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 further information on how to answerthe summons and protect your p roperty. Sending a payment to your mortgage company will n of stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Stuart P. Prame, Esq. Dated: August 17, 2022 Woods Oviatt Gilman LLP Monroe County Attorneys for Plaintif Rochester, New York 500 Bausch & Iomb Place Rochester, NY 14604 Tel.: 855-227-5072 (B940635·}105334-1 2 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF RECEIVEDINDEX NO. EF22-400 FILED DOC. : NO. 32 CORTLAND COUNTY CLERK 09/16/2022 01:50 Ph$ NYSCEF: 06/21/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09 /1 6 / 2 0 2 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND WELLS FARGO BANK, N.A., FORECLOSURE COMPLAINT Plaintiff, Index No.: v. Property Address: 15 Water Street TIMOTHY J. STRAMBA, CITY OF CORTLAND, JOHN Cortland, NY 13045 DOE, SBL No.: 86.80-02-42.000 Defendants. Plaintiff alleges: 1. Wells FargoBant,N.A. is aNationalAssociationdulyorganizedand existingunder the laws of the United States ofAmerica. 2. Upon information and belief, the Defendant(s) set fo1th above, hereinaiter "A" collectively and individually referred to as "Defendant(s)", and as set fo1th in Exhibit reside at or have offices at the address set forth therein, and elaim to have some interest in or lien upon Defendant(s)' the real property covered by the Mortgage. All of the interests are subordinate to the Plaintiffs interest, and are made patties to this action in the capacities as alleged in ExhibitA and for the purpose of foreclosing and extinguishing any other right, title, or interest said Defendant(s) have in the subject Premises. 3. All agencies or instrumentalities of Pederal, State and local govemment (by whatever name designated) that are named as Defendant(s) in this action, are made parties solely by reason of the material set forth in Exhibit "A", and for no other reason. AS FORA FIRST CAUSE OF ACTION 4. On or about February 13, 2004, Robin L. Stramba (now deceased) and Timothy J. Stramba, executed and delivered a certain Note or Notes wherein Robin L Stramba (now {8940635:}105334-1 3 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF [F ILED DOC. : NO. 32 CORTLAND COUNTY CLERK 09/16/2022 01:50 RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/16/2022 deceased) and Timothy J. Stramba, promised to pay the sum of $57,350.00, plus interest, as more "B" particularly described and set forth in Exhibit annexed hereto and made a part hereof (the Note "B" or Notes set forth in Exhibit are collectively hereinafter referred to as the "Note"). A Certified copy of the Note or evidence thereof is attached hereto as Exhibit "B". 5. As security for repayment of the Note, Robin L. Stramba (now deceased) and Emothy J. Stramba, executed a mortgage or mortgages, as more particularly described and set "B" forth in Exhibit annexed hereto and made a part hereof, as a lien upon real property commonly referred to as 15 Water Street, Cortland, NY 13045 (the "Premises") (the mortgage or mortgages "B" set forth in Exhibit are collectively hereinafter referred to as the "Mortgage"). Upon information and belief, all applicable mortgage taxes were paid at the time of recording the Mortgage. A copy of the Mortgage or Mortgages is attached hereto as Exhibit "B". 6. That the Defendant(s) Robin L. Stramba (now deceased) and Emothy J. Stramba, have failed and neglected to comply with the terms of said Note, Mortgage/Agreements, and/or said instruments secured by said Mortgage by failing to repay the installment payments due on February 1, 2022 and subsequent payments. 7. There is now due and owing on the Note and Mortgage a principal balance of $35,568.99 together with: accrued interest from January 1, 2022 at a rate of 6.000%, late charges, monies advanced for taxes, assessments, insurance, inspection, maintenance and preservation of the Premises, together with costs, allowances, expenses of sale, and reasonable attorney's fees if permitted by the terms of the Mortgage. 8. Plaintiff is the current Mortgagee of record of the Premises. Wells Fargo Bank, N.A. is successor by merger to WeHs Fargo Home Mortgage, Inc. The Premises is more fully {8940635:}105334-1 4 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF F ILED DOC. : NO. 32 CORTLAND COUNTY CLERK 09/16/2022 01:50 RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 PM| NYSCEF DDC. WO. 1 RECEIVED NYSCEF: 09/16/2022 "C" described in Exhibit attached to this Complaint, 9. PInintiff is the owner and holder of the subject -Note and Mortgage, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Note and Mortgage. The underlying Note was payable to the Plaintiff or indorsed (specifically or in blank) and negotiated to the Plaintiff. Prior to the filing of this Complaint, Plaintiff or Plaintiffs Agent was in possession and control of the original note or evidence of ownership of the original note. 10. Plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 AND §1306, unless exempt from doing so, and the loan at issue in this action complied with the provisions of Banking Law §§ 595-a, 6-l and 6-m, as applicable. 11. During the pendency of this action, the Plaintiff may be compelled to pay local taxes, assessments, water rates, insurance premiums and other charges affecting the Premises. In that event, the Plaintiff requests that such amounts with interest, should be added to the sum secured by the Mortgage. 12. There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. WHEREFORE, Plaintiff demands judgment: (a) determining the amount due for principal, interest, laxes, insurance, costs, attorneys' reasonable fees and other charges; (b) declaring that the Defendants and all persons claiming an interest in the property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of redemption in the mortgaged premises and fixtures; {8940635:)185334-1 5 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF FILED DOC. : NO. 32 CORTLAND COUNTY CLERK 09 16 20 : RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/16/2022 (c) declaring that the mortgaged premises and fixtures be sold according to law; (d) awarding the sale proceeds to the Plaintiff to the extent determined under (a) above; (e) declaring that any of the parties to this action may become a purchaser upon such sale; (f) appointing a Receiver of the rents and profits of the mortgaged premises; (g) adjudging the Defendant(s), Timothy J. Stramba, to be liable to Plaintiff for any deficiency of the indebtedness that may remain after applying the proceeds ofthe real property, fixtures, and granting Plaintiff a money judgment for that amount, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Pmperty Actions and Pmceedings Law within the time limited therein; (h) granting the Plaintiff such additional relief as is proper. Dated- Stuart P. Frame, Esq. August 17, 2022 Woods Oviatt Gilman LLP Roc e er, N Ybrk 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 {8940635:}105334-1 6 of 6 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF FILED DOC.CORTLAND NO. 32 COUNTY CLERK 0 9 : 50 RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 : 0 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2022 EXHIB1T A Defendant Timothy J. Stramba Mortgagor by virtue of a Mortgage. Obligor by 15 Water Street virtue of aNote. Record Owner by virtue of a Cortland, NY 13045 Deed. Surviving Spouse of Robin L Stramba, decedent who died on August 26, 2021. City of Cortland Subordinate mortgagee by virtue of a 25 Court Street Mortgage recorded on November 8, 2017 in Cortland, NY 13045 Instrument No. 2017-05445. John Doe A fictitious name intending to represent tenants 15 Water Street and/or occupants of the mortgaged premises. Cortland, NY 13045 GV1ty2022 01:5(k33PM {8940635:}I95334-1 Pages29 , County Clerk FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF F ILED DOC. : NO. 32 CORTLAND COUNTY CLERK 09/16/2022 01:50 RECEIVEDINDEX NYSCEF: E F 22-400 NO . 06/21/2023 PM| NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16/2022 EXHIBIT B Note(s): Note from Robin L. Stramba (now deceased) and Timothy J. Stramba dated February 13, 2004, in the original Principal amount of $57,350.00 plus interest. Mo1tgage(s): Mortgage from Robin L. Stramba (now deceased) and Timothy J. Stramba to Wells Fargo Home Mortgage, Inc., dated February 13, 2004, in the original principal amount of $57,350.00, and recorded in the Offlee of the Clerk of the County of Cortland on July 6, 2004 in Instrument No. 1026027-001. Wells Fargo Bank, N.A. is successor by merger to Wells Fargo Home Mortgage, Inc. {8940635: )105334-1 INDEX NO. EF22-400 M. FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM NYSCEF F ILE DOC. D : NO. 32 CORTLAND COUNTY CLERK O 9/16/2022 01 : 5 O RECEIVEDINDEX NYSCEF: E F2 2 - 4 0 0 NO. 06/21/2023 PM) 2 RECEIVED NYSCEF: 0 9 /16 / 2022 . - s NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS ORITS AUTHORIZED AGENT. F EBRUARY 13, 2 D04 IDme] [Cityl Ustate] 15 WAT.ER STREET, CORTTAND, NT 13045 {Propeny Addreu] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ******57,35D. 0 D (tids amount is called 'Trincipal"), plus interest, to the order of the Inder. The Lender is WELLS FARGO ROME NORTGAGE, INC. I will make all payments under this Note in the formof cash, check or money order. I understand that die lander may transfer Note. The Lender or anyone who this tales this Note by transfer and who is Holder." entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of PDncipal has been paid. I will pay interest at a yearly rate of 6 - 00 D 0 Theinterestraterequired by this Section 2 is the rate I will pay both before and after any defmilt described in Section 6(B) of this Note. 3. PAYMENTS (A) Time mud Plam of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on theFIRST day of each month beghming onúPRIL D1, 2004 ..I will make thesepayments every enrmth until I have paid all of the principal and interest and any other charges described belovr 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 PDncipal If, an nancE 01, 2034 , I still owe amomits under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will mate my monthly payments atWELLS FARGO HOME MORTGAGE, INC, , P . O. BDX 10304, DE S MOINE S , Š†5D3060304 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments paynmat will be la the amount of U.S. * *** ******3 43. My monthly $ 84 4. BORROWER'S RIGHT TO PREPAY The Bonower shall the right to prepay at any time. without have premium or fee, the entire indebtedness or any part thereof not less than the amount of one installtnmt, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be creditedonthe date received, and no interest may be charged thereafter. Any partial Pnpayment 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 emlier. NI!W YDRK FlXED RATE NOTE-Single FarnHy-Fanda Mae/Freddle Mac UN1FORM INSTRUMENT Amended for Veterans Affairs Form 3233 1101 SGINY} sum Amended 6MO VMPf)ORMAGEFORMS-EDD]521-7291 Paget o13 InEfals± FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF |FILEB DOC. : NO. 32 CORTLAND COUNTY CLERK 09/16/2022 01: 5 O RECEIVEDINDEX NYSCEF: NO. 06/21/2023 EF22-400 PM) NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/16 /2 0 2 2 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coIIected from nie which exceeded permitted IImits will be refunded to me. The Note Holder may choose to male this refund by reducing the Principal I owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Churge 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, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of rny overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Defanit If I do not pay the full amount of each monthly payment on the date it is due, I will be in defanTr (C) Notice of Defmdt If I am in ddenit, 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 on that amount. That date must be at least 30 days after the date on wi1ich the notice is ma{Ied to me or delivered by other rena (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