On October 23, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For Legacy Mortgage Asset Trust 2019-Gs7,
and
John Doe
#1 Through John Doe #12,
New York State Department Of Taxation And Finance,
Theresa Lamb
As Heir At Law Of Edward L. Powers A K A Edward Lawrence Powers,
Tonya L. Crisafulli
As Heir At Law Of Edward L. Powers A K A Edward Lawrence Powers,
Unknown Heirs At Law Of Edward L. Powers A K A Edward Lawrence Powers, And If They Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or Generally Or Specific Lien Upon The Real Property Described,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023
Exhibit A
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023
NOTE
Augus t 25, 200 6 Dewitt . . NY
/Dee] BC¥
ty] [mmel
1 John Street, Fulton, NY 13069
(PepenyAddreu]
L BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U. S. S 28, 800.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Leader is
GMAC Mortgage Corporation
I will make all payments under this Note in the form of cash, check or money order, I understand that the Lender may
transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under
Holder."
this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 8.000
The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the First day of each month beginning on October 1
2006 . I will make these payments every month until 1 have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal. If, on September 1, 2036
Date."
I still owe amounts under this Note, I will pay those amounts in full on that date. which is called the "Maturity
I will make my monthly payments at P.O. Box 780, Waterloo, IA 50702-0780, ATTN:
Payment Processing or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S 211.33
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any tune before they are due. A payment of Principal only is
"Prepayment."
known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may
not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce
the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the
amount of my monthly payment unless the Note Holder agrees in writing to those changes.
& LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from me which exceeded permitted limits will be refunded to me. ne Note Holder may choose to make
this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces
Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS 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, I will pay a late charge to the Note Holder. The amount of the charge will be 2. 000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay itnmediately 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 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 full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
LOAN NO:
NEW YORK TE - SigleFeaáLy
- hedeMadFresne
the
UNIFoRM MSTRUMENT
Isem3233
VM
(Page1 af 2) inNinin: t t *
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023
(E) Payment of Note Holders Costs and Expenses
If the Note Holder has required me to pay irnmediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited
by
applicable law. Those expenses include, for example, reasonable attornevs' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method. any notice that must be given to me under this Note will be
given by delivering it or by rnailing it by first class mail to me at the Property Address above or at a diffemnt addressif I
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a
notice of that different address.
8, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or
endorser of this Note, is also obligated to do these things. Any person who takes over these obligations,
including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the arnounts 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" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the
right to require the Note Holder to give notice to other persons that anwunts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trus; or Security Deed (the "Security Instrument"), dated the
sarne date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Instrument describes how and under what conditiona l may be required to make
immediate payment in full of all amounts 1 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 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 transferred without Lender's prior written permission,
Lender may require imrnediate payment in full. However, this option shall not be exercised by
Leader if such exercise is prohibited by Applicable Law.
If Lender requires immediate payrnent in full tmder this Section l8, Leader will give rne a
notice which states this requirement. The notice will give me at least 30 days to make the
required payment. The 30-day period will begin on the date the notice is given to me in the
manner required by Section 15 of 11nsSecurity Instrument. If I do not make the required
payment during that period, Leader may act to enforce its rights under this Security Instrument
without giving me any further notice or demand for payment.
WITNESS TBli HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal)
Edward L Powers ..hrm
(Seal)
FAY ŠU THE ORDER OF -semwn
WITHOUT RECOURSE
(Seal)
-Borrower
TT Chirxie
LimitedSigning Officer
Acting Agent for
nM ht)FtSTa nm r n pay AM (Seal)
-Borrower
[Sign original Only)
NEWYORKFIXED RATENOrE - Sirgle
Family-Famrde
HuGrodds
Man
UNIFDRM
INSTRtlMRNT
ywm3233ni
(Page2 of 2)
Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023 Exhibit A FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023 NOTE Augus t 25, 200 6 Dewitt . . NY /Dee] BC¥ ty] [mmel 1 John Street, Fulton, NY 13069 (PepenyAddreu] L BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. S 28, 800.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Leader is GMAC Mortgage Corporation I will make all payments under this Note in the form of cash, check or money order, I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under Holder." this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 8.000 The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the First day of each month beginning on October 1 2006 . I will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1, 2036 Date." I still owe amounts under this Note, I will pay those amounts in full on that date. which is called the "Maturity I will make my monthly payments at P.O. Box 780, Waterloo, IA 50702-0780, ATTN: Payment Processing or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 211.33 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any tune before they are due. A payment of Principal only is "Prepayment." known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. & LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. ne Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS 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, I will pay a late charge to the Note Holder. The amount of the charge will be 2. 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay itnmediately 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 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 full as described above, the Note Holder will still have the right to do so if I am in default at a later time. LOAN NO: NEW YORK TE - SigleFeaáLy - hedeMadFresne the UNIFoRM MSTRUMENT Isem3233 VM (Page1 af 2) inNinin: t t * FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/23/2023 (E) Payment of Note Holders Costs and Expenses If the Note Holder has required me to pay irnmediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attornevs' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by rnailing it by first class mail to me at the Property Address above or at a diffemnt addressif I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note, is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the arnounts 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" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that anwunts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trus; or Security Deed (the "Security Instrument"), dated the sarne date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditiona l may be required to make immediate payment in full of all amounts 1 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 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 transferred without Lender's prior written permission, Lender may require imrnediate payment in full. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Lender requires immediate payrnent in full tmder this Section l8, Leader will give rne a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of 11nsSecurity Instrument. If I do not make the required payment during that period, Leader may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS TBli HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Seal) Edward L Powers ..hrm (Seal) FAY ŠU THE ORDER OF -semwn WITHOUT RECOURSE (Seal) -Borrower TT Chirxie LimitedSigning Officer Acting Agent for nM ht)FtSTa nm r n pay AM (Seal) -Borrower [Sign original Only) NEWYORKFIXED RATENOrE - Sirgle Family-Famrde HuGrodds Man UNIFDRM INSTRtlMRNT ywm3233ni (Page2 of 2)