Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
EXHIBIT C
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
CÒMPLETE ONLY INFORMATION ON THIS FORM WHICH PERTAINS'm DOCUMENT ATTACHED
OSWEGO COUNTY CLERK'S OFFICE PLEASE TYPE OR LEGIBLY PRINT
GEORGE J. WILLIAMS - COUNTY CLERK MEURMATION WITH BLACK INK
SUBMITTED RV: TA NETA NATIONAL TITE DO NOT
TYPE OF DOCT TMENT: On SE MMCH
. . R-2006-011660
PARTIES TO TRANSACTION erge J. Mimams , County Clerk
9to BERT L. BENNET T
A r RECORD & RETURN TO
... L .. UE (Name, Address & Zip Code)
T TwWR $94TEE
RECEIPT # . .
MISCELLANEOUS FEES
RECORDING FEES
.X LOC GOVT.............$ 20.00
COVER PAGE ............................................................................$ 7.00
RECORDING FEE CHARGE ............................ ..................$ 5.00 TP 584......................$ 5.00
# OF PAGES (INCLUDINGCOVERPAGE) x 3.00 = ......... $ TP 584.1...................$ 5.00
# OF EXTRA NAMES x .50=...................................... $ 25.00
RP 5217 ...................$
# OF REFERENCES x .50 =.........................................$
255 AFFID...............$ 5.00
# OF CROSSREFERENCES x .50= ...........................$
# OF EXTRAASST x 3.50 =.......:................................$ AFFID #
TOTAL ......................--...-.........-............................................$ TOTAL ......................................$
GRAND TOTAL FOR
DEED TRANSFER TAX THIS DOCUMENT..........$
ncludeRevenueor Mtge Taxin tids total if applicable)
MORTGAGE TAX
ŠOWN ITY/VILLAGE
MORTGAGE AMT. $ )
TAX MAP NUMBER #
TOTAL MTGE. TAX $
MORTGAGE TYPES
(CLERK'S OFFICE ONLY)
REVENUE
- COMMERCIAL
.. '._ 1 -2 FAMILY
(THIS MORTGAGE IS TO FINANCE THE
ACQUISITION OR IMPROVEMENT OF A ONE
1-2 Family Home Special $120.00 OR TWO FAMILY DWELLING.)
$48000.00 TOTAL $455. 00
- CREDIT UNION / INDIVIDUAL
EXEMPT
CLERK'SINITIALS +4
I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING WAS RECORDED
IN THE CLERK'S OFFICE FOR OSWEGO COUNTY, NEW YORK. . Oswego Coun Clerk
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
Champion Mortgage , 2 Gatehall Drive, Parsippany, NJ 07054
File Cust #
NEW YORK FIXED RATE PAYMENT MORTGAGE - FIRST OR SECOND LIEN
WORDS USED OFTEN IN THIS DOCUMENT
(A) Mortgage
"Modgage."
This document, which is dated AUGUST 21, 2006, will be called the
(B) Borrower
"Barrower' and
ROBERT L BENNETT , PENNY L BENNETT will sometimes be called the
sometimes simply "I" or "me". The Borrowers address is 1424 COUNTY ROUTE 10 , PENNELLVILLE, NY
13132-3350.
(C) Lender
CHAMPION MORTGAGE , A DIVISION OF KEYBANK NATIONAL ASSOCIATION will be called
"Lender." The Lenders address is 2 GATEHALL
the DRIVE, PARSIPPANY, NJ 07054.
(D) Note
The note signed by Borrower and dated AUGUST 21, 2006, and any extensions and renewals of
that note, will be called the "Note". The Note shows that I owe Lender U.S. $48,000.00 plus interest.
(E) Property
Propedy" will be called
The property that is described below In the section titled "Description of the
. the "Property".
BORROWER's TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to the Lender subject to the terms of this Mortgage. This means
that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights
that the law gives to lenders who hold mortgages on real propedy. I am giving Lender these rights to protect
Lender from possible losses that might result if I do not:
(A) Pay all the amounts that I owe Lender as stated in the Note;
(B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect thevalue of the
Property and Lenders rights in the Property; and
(C) Keep all of my promises and agreements under this Mortgage.
DESCRIPTION OF THE PROPERTY
I give Lender rights on the following Property:
(A) The Property, which is located at 1424 COUNTY ROUTE 10, PENNELLVILLE, NEW YORK herein
("Property Address"), is in OSWEGO County in the State of New York. This Property has the
following legal description:
- See Schedule A Annexed Hereto and Made a Part Hereof -
(B) All buildings, structures and other improvements that are located on the Property described in
paragraph (A) of this section;
. .
(C) AII rights in other Property that I have as owner of the Propedy described in paragraph (A) of this
section. These rights are known as "easements, rights and appudenances attached to the
Property" and all
mineral, oil and gas rights and profits, water rights and stock that are part of the
Propedy described in paragraph (A) of this section;
(D) All fixtures on the Property described in paragraphs (A) and (B) of this section.
(E) AII rents or royalties from the Propedy described In paragraph (A) through (D) of this section; and
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
. (F) All of the Property described in paragraphs (B) through (E) of this section that 1acquire in the
future, and all rights described in paragraphs (B) through (E) of this section that I acquire in the
future.
It may be that I do not own the Property but am a tenant under a lease. in that case, the rights I am
giving to Lender by this Mortgage are rights in tenancy.
1. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO
DEFEND OWNERSHIP OF THE PROPERTY
I 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.
I give a general warranty of title to Lender. This means that I am fully responsible for any losses, which
Lander suffers because someone other than myself has some of the rights in the Property, which i promise that I
have. I promise that I will defend my ownership of the Property against any claims of such rights.
2. BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST; PREPAYMENT AND LATE
CHARGES; DISHONORED CHECK CHARGE
I shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any
prepayment and late charges due under the Note. If I make a payment by check, draft or money order and such
check, draft or money order is dishonored on the second presentment, i shall pay a dishonored check charge of
$20.00.
3. APPLICATION OF BORROWER'S PAYMENTS
Unless the law requires otherwise, Lender will apply each of my payments under the Note and under his
Mortgage first to reimburse Lender for payments made by the Lender to protect its interest in the Property, next, to
pay interest accrued under the Note, next to reduce the principal amount of the Note and last to pay any
prepayment and late charges.
4. BORROWER'S OBLIGATIONS UNDER SUPERIOR MORTGAGE, TO PAY CHARGES AND
ASSESSMENTS AND TO SATISFY CLAIMS AGAINST THE PROPERTY
I will perform all of my obligations under any mortgage encumbering the Property which has priority over
this Mortgage (a "Superior Mortgage"), including my obligations to make payments when due. I will pay all taxes,
assessments, and any other charges and fines that may be imposed on the Property and that may be superior to
this Mortgage and will provide to Lender, within ten (10) days of Lenders request, receipts showing that these Items
have been paid. I will see that any claim, demand or charges that is made against the Property because an
obligation has not been fulfilled (known as a "iien") is pmmptly paid or satisfied If the lien may be superior to this
Mortgage. 1will also make payments due under my lease if I am a tenant on the Property and I will pay ground
rents (if any) due on the Property.
5. BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE PROPERTY
I will obtain hazard insurance to cover all buildings, structures, fixtures and other improvements that now or
in the future will be located on the Property. The insurance must cover loss or damage caused by fire. hazards or
casualties normally covered by "extended coverage" hazard Insurance policles, and other hazards or casualties
(e.g., flood insurance), for which the Lender requires coverage. The insurance must be in the amounts and for the
periods of time required by the Lender. I may choose the insurance company, but my choice is subject to the
Lender's approval, which may not be unreasonably withheid. The form of all policies and renewals must be
acceptable to the Lender. The Lender will have the right to hold the policies and renewals, subject to the terrns of
any Superior Mortgage. If the Lender requires, I will promptly give the Lender all receipts of paid premiums and
renewal notices that I receive. If there is a loss or damage to the Property, I will promptly notify the insurance
company and the Lender. If I do not promptly prove to the insurance company that the loss or damage occurred,
then the Lender may do so.
The amount paid by the insurance company in the event of loss or damage to the Property will be called
"Proceeds." Subject to the terms of
the any Superior Mortgage, the proceeds will be used to repair or to restore the
damaged Property unless (x) It is not econornically feasible to make the repairs or restoration; or (y) the use of the
Proceeds for that purpose would lessen the protection given to the Lender by this Mortgage; or (z) the Lender and I
have agreed in writing not to use the Proceeds for that purpose. If the repair or restoration is not economically
feasible or if it would lessen the Lenders protection under this Mortgage, then, subject to the requirements of any
Superior Mortgage, the Proceeds may be used to reduce the amount that I owe to the Lender under the Note and
under this Mortgage. Subject to the requirements of any Superior Mortgage, if any Proceeds remain after
completion of necessary repairs or restoration of the Property, such Proceeds will be used to repay the sums that I
owe to the Lender under the Note and under this Mortgage. If any of the Proceeds remain after the amount that I
owe to the Lender has been paid in full, the remaining Proceeds will be paid to me, subject to the requirements of
any Superior Mortgage.
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
. If I do not respond in writing, within thirty (30) days, to a notice from the Lender stating that the insurance
company has offered to settle a claim, or if I abandon the Property, the Lender may cotect the Proceeds, subject to
the requirements of any Superior Mortgage. The Lender may use the Proceeds to repair or restore the Property or
. to pay the sums outstanding under the Note and under this Mortgage, subject to the requirements of any Superior
Mortgage. The thirty (30) day period referred to in this paragraph will begin when the aforementioned notice is
given by the Lender to.the Borrower in accordance with Section 14 of this Mortgage. If any of the Proceeds are
used to reduce the amount of principal which I owe to the Lender under the Note, that use will not delay the due
date of any of my monthly payments under the Note and under Section 2 of this Mortgage. However, the Lender
and I may agree in writing to those delays or changes. If the Lender acquires the Property under the terms of this
Mortgage, all of my rights in the insurance policies will belong to the Lender, subject to the requirements of any
Superior Mortgage. Also, any of my rights In any of the Proceeds which are paid because of damage that occurred
before the Property is acquired by the Lender will belong to the Lenderg subject to the requirements of any Superior
Mortgage. However, the Lenders rights in those Proceeds will not be greater than the sums secured immediately
before the Property is acquired by the Lender.
6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN
LEASE, CONDOMINIUM, PUD AND HOMEOWNER ASSOCIATION DOCUMENTS
I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and
I will not allow the Property to deteriorate. If I do not own but I am a tenant on the Property, I will fulfill my
obligations under my lease. If the Property is a unit In a condominium or in a planned unit development, or if I am a
member of a homeowners association, I will fulfill all of my obligations under the declaration, by-laws, regulations
and other documents that create or govern the condominium or the planned unit development or the homeowner
association.
7. LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY
If: (A) I do not keep my promises and agreements made in this.Mortgage, or (B) someone, including me,
begins a legal proceeding that may affect Lenders rights in the Property (such as, for example, a legal proceeding
in bankruptcy, in probate, for condemnation, to enforce laws or regulations or to enforce and/or protect a lien), then
Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders nghts in the
Property. Leaders actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable
attomey fees, and entenng on the Property to make repairs, paying hazard insurance.premiums, real estate taxes,
and payment of other liens affecting the Property. I will pay to Lender any amounts, with interest, which Lender
spends under this Paragraph 7. This Mortgage wilt protect the Lender in case I do not keep this promise to pay
those amounts with interest. This Mortgage secures the repayment of those amounts with interest. Iwill pay those
amounts to Lender when Lender sends me a notice requesting that I (fo so. I will also pay interest on those
amounts at the same rate stated in the Note. Interest on each amount will begin on the date that the amount is
spent by Lender. Although Lender may take action under this Paragraph 7, Lender does not have to do so.
8. LENDER'S RIGHT TO INSPECT THE PROPERTY
Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a
reasonable manner and at reasonable times. However, before one of those inspections is made, Lender must give
me notice stating a reasonable purpose for the Inspection. That pumose must be related to Lenders rights in the
Property.
9. AGREEMENTS ABOUT CONDEMNATON OF THE PROPERTY
A taking of Property by an governmental authority by eminent domain is known as "condemnation". I give
to Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other
govemmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid
condemnation. AII of those proceeds will be paid to Lender.
. .
10. CONTINUATION OF BORROWER'S OBLIGATION
Lender may allow a person who takes over my rights and obligations to delay or to change the amount of
the monthly payments of principal and interest due under the Note or under this Mortgage. Even if Lender does
this, however, that person and I will both still be fully obligated under the Note and under this Mortgage. Lender
may allow those delays or changes for a person who takes over my rights and obligations, even if Lender is
requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling
obilgations under the Note or under this Mortgage, even if Lender is requested to do so.
11. CONTINUATION OF LENDER'S RIGHTS
Even if Lender does not exercise or enforce any right of Lender under this Mortgage or under the law,
Lender will still have all of those rights and may exercise and enforce them in the future. Even If Lender obtains
Insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will still have the right,
under Paragraph 17 below, to demand that I make immediate Payment In Full (See Paragraph 17 for a definition of
this phrase) of the amount that I owe to Lender under the Note and under this Mortgage.
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
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12. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS
Each of Lenders rights under this Mortgage is separate. Lender may exercise and enforce one or more of
those rights. as well as any of Lenders other rights under the law, one at a time or all at once.
13. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR
OBLIGATIONS .
Subject to the terms of Paragraph 17(C) below which permits Lender to require me to make Immediate
Payment In Full in the event of a transfer of an Interest in the Property (or a beneficial interest in Borrower If
Borrower is not a natural person) made without Lenders prior written consent, any person who takes over my rights
or obligations under this Mortgage will have all of my rights and will be obilg ated to keep all of my promises and
agreements made in this Mortgage. Similarly, any person who takes over Lender's rights or obligations under this
Mortgage will have all of Lenders rights and will be obligated to keep all of Lenders agreements made in this
Mortgage. in this Mortgage, the word "person" means any person. organization, govemmental authority or any
other party. If more than one person signs this Mortgage as Borrower, each of us is fully obligated to keep all of
Borrowers promises and obligations contained in this Mortgage. Lender may enforce Lenders rights under this
Mortgage against each of us 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 the Note and under this Mortgage. However, if one of us does not
sign the Note, then: (A) that person Is signing this Mortgage only to give that person's rights in the Property to
Lender under the terms of this Modgage; and (B) that person is not personally obligated to make payments or to
act under the Note or under this Mortg age. Any person signing this Mortgage but not signing the Note also agrees
(i) that Lender may allow any other Borrower to delay or to change payments due under the Note or under this
Mortgage and (ii) that Lender may make other accommodations under the Note or under this Modgage. Lender
may do this without obtaining anyone's consent and without modifying the effect of this Modgage.
14. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE
Unless the law requires otherwise, any notice that must be given to me under this Mortgage will be given
by delivering it or by mailing it by mail addressed to me at the address stated in the section above titled "Description
Property"
of the A notice will be delivered or mailed to me at a different address if I give Lender a notice of my
different address. Any notice that must be given to Lender under this Mortgage will be given by mailing it by
certified mail to Lenders address stated in paragraph (C) of the section above titled "Words Used Often in this
Document" Anotice will be mailed to
Lender at a different address If Lender gives me a notice of the different
address. A notice required by this Mortgage is given when it is mailed or when it is delivered according to the
requirements of this Paragraph 14.
15. LAW THAT GOVERNS THIS MORTGAGE
The state and local law that applies in the place that the Property is located will govem this Modgage. This
will not limit Federal law that applies to this Mortgage. if any term of this Mortgage or If the Note conflicts with the
law, all other terms of this Mortgage and of the Note will still remain in effect If they can be given effect without the
contlicting term. This means that any terms of this Mortgage and the Note, which conflict with the law can be
separated from the remaining terms, and the remaining terms will still be enforced. As used in this Mortgage, the
"expenses"
words "costs", and "attomey fees" Include all amounts not.prohibited by applicable law or limited in this
Mortgage.
16. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE
I acknowledge receipt of a copy of the Note and of this Mortgage.
17. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS
If any of the events or conditions described in subparagraphs (A), (B), (C), (D) or (E) of this Paragraph 17
shall occur, Lender may require that I pay immediately the entire amount remaining unpaid under the Note and this
Mortgage. This requirement will be called "Immediate Payrnent in Full".
If Lender requires immediate Payment in Full, Lender may bring a lawsuit to take away all of my remaining
rights in the Property and to have the property sold. At this sale Lender or another person may acquire the
Property. This is known as "foreclosure and sale". If the proceeds of this sale are insufficient to repay Lender the
amounts due to Lender from me under the Note and under this Mortgage, Lender may obtain a court judgment
against me personally for the difference between all amounts due from me under the Note and this Mortgage and
the sale proceeds. in any lawsuit for foreclosure and sale, Lender will have the right to collect all costs and
expenses of the foreclosure and sale allowed by law. This includes reasonable attorney fees. All such sums as
may come due will be secured by the lien of this Mortgage. Lender may require Immediate Payment In Full under
this Paragraph 17, if
(A) I fail to make any payment required by the Note or this Mortgage when it is due; or
(B) I fail to keep any other promise or agreement In this.Mortgage within the time set forth, or if no time
is set forth in this Mortgage, then within the time set forth in the notice sent to me by Lender; or
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 I 1 RECEIVED NYSCEF: 10/24/2023
(C) All or any pad of the Property, or any right in the Propedy, is sold or transferred without the
Lender's prior written consent (or, if Borrower is not a natural person, if a beneficial interest in
Borrower is sold or transferred); or
(D) I fail to make any required payment when due under any Superior Modgage, or if I fail to keep
another promise or agreement contained in any Superior Modgage; or
(E) On application of Lender, two or more insurance companies licensed to do business in the State in
which the Property is located refuse to issue policies insuring the buildings and improvements on
the Propedy.
18. LENDER'S RIGHTS TO RENTAL PAYMENTS FROM THE PROPERTY AND TO TAKE POSSESSION
OF THE PROPERTY
As additional protection for Lender, I give to Lender all of my rights to any rental payments from the
Property. However, until Lender requires Immediate Payment In Full or until I abandon the Propedy I have the right
to collect and keep those rental payments as they become due. I have not given any of my rights to rental
payments from the Property to anyone and I will not do so without Lender's prior consent in writing. If Lender
requires immediate Payment In Full or if I abandon the Property then Lender, persons authorized by Lender or a
receiver appointed by a coud at-Lender's request may: (A) collect the rental payments, including overdue rental
payments directly from the tenants; (B) enter on and take possession of the Propedy; (C) manage the Property;
and (D) sign, cancel and change leases. I agree that if Lender notifies the tenants that Lender has the right to
collect rental payments directly from them under thIs Paragraph 18 the tenants may make those rental payments to
Lender without having to ask whether I have failed to keep my promises and agreements under this Mortgage. If
there is a judgment for Lender in a lawsuit for foreclosure and sale, I will pay to Lender reasonable rent from the
date the judgment is entered for as long as I occupy the Property. However, this does not give me the right to
occupy the Property. AII rental payments collected by Lender or by a receiver other than the rent paid by me under
this Paragraph 18 will be used first to pay the costs of collecting rental payments and of managing the Property. If
any part of the rental payments remains after those costs have been paid in full. the remaining part will be used to
reduce the amount that I owe to Lender under the Note and under this Mortgage. The costs of managing the
Property may include the receiver's fees, reasonable attorney fees and the cost of any necessary bonds. Lender
and the receiver will be obligated to account only for those rental payments that they actually receive.
19. AGREEMENT ABOUT NEW YORK LIEN LAW
I will-receive all amounts lent to me by Lender subject to the trust fund provisions of Section 13 of the New
York Lien Law. This means that if, on the date this Mortgage is recorded in the proper official records, construction
or other work on any building or other improvement located on the Property has not been completed for at least the
period of time provided in Section 13 of the New York Lien Law, I will: (A) hold all amounts which I receive and
which I have a right to receive from Lender under the Note as a "trust fund"; and (B) use those amounts to pay for
that construction or the work before I use them for any other purpose. The fact that I am holding those amounts as
a "trust fund " means that I have a special responsibility under the law to use the amounts in the manner described
in this paragraph.
20. STATEMENT OF AMOUNT DUE AND NO DEFENSES
Within five (5) days after request in person or within ten (10) days after request by mail, I will give to Lender
a signed statement as to (A) the amount due under the Note and this Mortgage and (B) any offset or defense I have
against the Note or this Mortgage.
21, CHANGES MUST BE IN WRITING
No change in the terms of the Note or this Mortgage will be effective unless agreed to in a writing signed by
the Lender.
22. LOAN CHARGES
If a law or regulation which applies to the loan secured by this NIortgage and which sets maximum interest
or other loan charges. is finally interpreted so that the interest or other loan charges collected, or to be collected, in
connection with the loan secured by this Mortgage exceed the permitted limits, then (A) any such interest or other
loan charges shall be reduced by the amount necessary to reduce such interest or other loan charges to the
permitted limits; and (B) any sums already collected from me which exceed permitted limits will be refunded to me,
The Lender may choose to make this refund by reducing the principal I owe under the Note and this Mortgage or by
making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment penalty.
23. RELEASE
Upon payment in full of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any recordation costs as permitted under Applicable Law. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered
and the charging of the fee is permitted under Applicable Law.
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023
'
24. NOTICE TO BORROWERS
IF THIS BOX IS CHECKED, THIS MORTGAGE ENCUMBERS REAL PROPERTY PRINCIPALLY
IMPRO ED BY A ONE OR TWO FAMILY RESIDENCE OR DWELLING. IF THIS BOX IS NOT CHECKED, THIS
MORTGAGE ENCUMBERS REAL PROPERTY PRINCIPALLY IMPROVED BY A THREE TO SIX FAMILY
RESIDENCE OR DWELLING, EACH HAVING ITS OWN COOKING FACILITIES.
25. RIGHT OF CANCELLATION
DEFAULT IN THE PAYMENT OF THIS MORTGAGE MAY RESULT IN THE LOSS OF THE PROPER1Y.
UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS MORTGAGE. IF YOU HAVE THIS
RIGHT, THE LENDER IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING
THE CIRCUMSTANCES AND THE TIME UNDER WHICH YOU CAN EXERCISE THIS RIGHT.
BY SIGNING THIS MORTGAGE, I AGREE TO ALL OF THE ABOVE.
WITNESS THE HAND(S) AND SEALS OF THE UNDERSIGNED
R BERT L BENNETT
P NNY L BENN¾
Signed, Sealed and Delivered in the Presence of: . .
STATE OF NEW YORK )
:ss
COUNTY OF OSWEGO )
On this 21ST day of AUGUST in the year 2006 before me, the undersigned, a Notary Public in and for said
State, personally appeared RŒBERT L BENNETT, PENNY L BENNETT, personally known to ine or proved to me
on the basis of satisfactory evidence to be the Individual(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the'Individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
TIMOTHYM.ALEXANDER
.. .. Nobry PuMc.$tateof NewYork
No.01ALS076942
QuaMedinonandagaCounty
CommissionExpiresJuly 1. 20. 2
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All that tract or parcel of land situate in the Town of Schroeppet, County of
Oswego and State of New York, being part of Lot #3, 24th Township of Scriba's
Patent, and being more particularly described as follows:
Beginning at that point in the centerline of County Route #10 which, from the
intersection of the centerline of County Route #10 with the south line of the
premises conveyed to Martha R. Van Tassel and Jay B. Van Tassel, husband and
wife, by Dennis J. Dewey, as Trustee in Bankruptcy and the Estate of Charles F.
Lang, by Trustee's Deed dated 7 August 2001 and recorded 13 August 2001 in the
Office of the Oswego County Clerk as Instrument R-2001-009520, is north 27
degrees 44 minutes 43 seconds east a distance of 200.0 feet, thence, from said
point of beginning, running along the centerline of County Route #10, north 27
degrees 44 minutes 43 seconds east a distance of 197.60 feet to a point of
curver thence running along the centerline of County Route #10 on the curve to
the left, having a radius of 3,000 feet, a distance of 202.4 feet to a point,
thence running south 81 degrees 56 minutes 17 seconds east through an iron rod
set, a distance of 458.82 feet to a point and iron rod set, thence running south
27 degrees 44 minutes 43 seconds west through an iron rod set a distance of
400.00 feet to a point and iron rod set thence running north 61 degrees 56 -
minutes 17 seconds west through an iron rod set a distance of 450.0 feet to
said point of beginning, containing 4.1418 acres of land and being those parcels
of land Numbered 2 and Numbered 3 as shown on the final Plat, Van Tassel
Subdivision, amended, made by A. Scott Whittaker, Licensed land Surveyor, last
dated 10 September 2002 and filed in the office of the Oswego County Clerk as
Plat 18, Line 140.
Tax ide: 257.00-02-25.05
Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 EXHIBIT C FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 CÒMPLETE ONLY INFORMATION ON THIS FORM WHICH PERTAINS'm DOCUMENT ATTACHED OSWEGO COUNTY CLERK'S OFFICE PLEASE TYPE OR LEGIBLY PRINT GEORGE J. WILLIAMS - COUNTY CLERK MEURMATION WITH BLACK INK SUBMITTED RV: TA NETA NATIONAL TITE DO NOT TYPE OF DOCT TMENT: On SE MMCH . . R-2006-011660 PARTIES TO TRANSACTION erge J. Mimams , County Clerk 9to BERT L. BENNET T A r RECORD & RETURN TO ... L .. UE (Name, Address & Zip Code) T TwWR $94TEE RECEIPT # . . MISCELLANEOUS FEES RECORDING FEES .X LOC GOVT.............$ 20.00 COVER PAGE ............................................................................$ 7.00 RECORDING FEE CHARGE ............................ ..................$ 5.00 TP 584......................$ 5.00 # OF PAGES (INCLUDINGCOVERPAGE) x 3.00 = ......... $ TP 584.1...................$ 5.00 # OF EXTRA NAMES x .50=...................................... $ 25.00 RP 5217 ...................$ # OF REFERENCES x .50 =.........................................$ 255 AFFID...............$ 5.00 # OF CROSSREFERENCES x .50= ...........................$ # OF EXTRAASST x 3.50 =.......:................................$ AFFID # TOTAL ......................--...-.........-............................................$ TOTAL ......................................$ GRAND TOTAL FOR DEED TRANSFER TAX THIS DOCUMENT..........$ ncludeRevenueor Mtge Taxin tids total if applicable) MORTGAGE TAX ŠOWN ITY/VILLAGE MORTGAGE AMT. $ ) TAX MAP NUMBER # TOTAL MTGE. TAX $ MORTGAGE TYPES (CLERK'S OFFICE ONLY) REVENUE - COMMERCIAL .. '._ 1 -2 FAMILY (THIS MORTGAGE IS TO FINANCE THE ACQUISITION OR IMPROVEMENT OF A ONE 1-2 Family Home Special $120.00 OR TWO FAMILY DWELLING.) $48000.00 TOTAL $455. 00 - CREDIT UNION / INDIVIDUAL EXEMPT CLERK'SINITIALS +4 I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING WAS RECORDED IN THE CLERK'S OFFICE FOR OSWEGO COUNTY, NEW YORK. . Oswego Coun Clerk FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 Champion Mortgage , 2 Gatehall Drive, Parsippany, NJ 07054 File Cust # NEW YORK FIXED RATE PAYMENT MORTGAGE - FIRST OR SECOND LIEN WORDS USED OFTEN IN THIS DOCUMENT (A) Mortgage "Modgage." This document, which is dated AUGUST 21, 2006, will be called the (B) Borrower "Barrower' and ROBERT L BENNETT , PENNY L BENNETT will sometimes be called the sometimes simply "I" or "me". The Borrowers address is 1424 COUNTY ROUTE 10 , PENNELLVILLE, NY 13132-3350. (C) Lender CHAMPION MORTGAGE , A DIVISION OF KEYBANK NATIONAL ASSOCIATION will be called "Lender." The Lenders address is 2 GATEHALL the DRIVE, PARSIPPANY, NJ 07054. (D) Note The note signed by Borrower and dated AUGUST 21, 2006, and any extensions and renewals of that note, will be called the "Note". The Note shows that I owe Lender U.S. $48,000.00 plus interest. (E) Property Propedy" will be called The property that is described below In the section titled "Description of the . the "Property". BORROWER's TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to the Lender subject to the terms of this Mortgage. This means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that the law gives to lenders who hold mortgages on real propedy. I am giving Lender these rights to protect Lender from possible losses that might result if I do not: (A) Pay all the amounts that I owe Lender as stated in the Note; (B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect thevalue of the Property and Lenders rights in the Property; and (C) Keep all of my promises and agreements under this Mortgage. DESCRIPTION OF THE PROPERTY I give Lender rights on the following Property: (A) The Property, which is located at 1424 COUNTY ROUTE 10, PENNELLVILLE, NEW YORK herein ("Property Address"), is in OSWEGO County in the State of New York. This Property has the following legal description: - See Schedule A Annexed Hereto and Made a Part Hereof - (B) All buildings, structures and other improvements that are located on the Property described in paragraph (A) of this section; . . (C) AII rights in other Property that I have as owner of the Propedy described in paragraph (A) of this section. These rights are known as "easements, rights and appudenances attached to the Property" and all mineral, oil and gas rights and profits, water rights and stock that are part of the Propedy described in paragraph (A) of this section; (D) All fixtures on the Property described in paragraphs (A) and (B) of this section. (E) AII rents or royalties from the Propedy described In paragraph (A) through (D) of this section; and FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 . (F) All of the Property described in paragraphs (B) through (E) of this section that 1acquire in the future, and all rights described in paragraphs (B) through (E) of this section that I acquire in the future. It may be that I do not own the Property but am a tenant under a lease. in that case, the rights I am giving to Lender by this Mortgage are rights in tenancy. 1. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I 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. I give a general warranty of title to Lender. This means that I am fully responsible for any losses, which Lander suffers because someone other than myself has some of the rights in the Property, which i promise that I have. I promise that I will defend my ownership of the Property against any claims of such rights. 2. BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST; PREPAYMENT AND LATE CHARGES; DISHONORED CHECK CHARGE I shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. If I make a payment by check, draft or money order and such check, draft or money order is dishonored on the second presentment, i shall pay a dishonored check charge of $20.00. 3. APPLICATION OF BORROWER'S PAYMENTS Unless the law requires otherwise, Lender will apply each of my payments under the Note and under his Mortgage first to reimburse Lender for payments made by the Lender to protect its interest in the Property, next, to pay interest accrued under the Note, next to reduce the principal amount of the Note and last to pay any prepayment and late charges. 4. BORROWER'S OBLIGATIONS UNDER SUPERIOR MORTGAGE, TO PAY CHARGES AND ASSESSMENTS AND TO SATISFY CLAIMS AGAINST THE PROPERTY I will perform all of my obligations under any mortgage encumbering the Property which has priority over this Mortgage (a "Superior Mortgage"), including my obligations to make payments when due. I will pay all taxes, assessments, and any other charges and fines that may be imposed on the Property and that may be superior to this Mortgage and will provide to Lender, within ten (10) days of Lenders request, receipts showing that these Items have been paid. I will see that any claim, demand or charges that is made against the Property because an obligation has not been fulfilled (known as a "iien") is pmmptly paid or satisfied If the lien may be superior to this Mortgage. 1will also make payments due under my lease if I am a tenant on the Property and I will pay ground rents (if any) due on the Property. 5. BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE PROPERTY I will obtain hazard insurance to cover all buildings, structures, fixtures and other improvements that now or in the future will be located on the Property. The insurance must cover loss or damage caused by fire. hazards or casualties normally covered by "extended coverage" hazard Insurance policles, and other hazards or casualties (e.g., flood insurance), for which the Lender requires coverage. The insurance must be in the amounts and for the periods of time required by the Lender. I may choose the insurance company, but my choice is subject to the Lender's approval, which may not be unreasonably withheid. The form of all policies and renewals must be acceptable to the Lender. The Lender will have the right to hold the policies and renewals, subject to the terrns of any Superior Mortgage. If the Lender requires, I will promptly give the Lender all receipts of paid premiums and renewal notices that I receive. If there is a loss or damage to the Property, I will promptly notify the insurance company and the Lender. If I do not promptly prove to the insurance company that the loss or damage occurred, then the Lender may do so. The amount paid by the insurance company in the event of loss or damage to the Property will be called "Proceeds." Subject to the terms of the any Superior Mortgage, the proceeds will be used to repair or to restore the damaged Property unless (x) It is not econornically feasible to make the repairs or restoration; or (y) the use of the Proceeds for that purpose would lessen the protection given to the Lender by this Mortgage; or (z) the Lender and I have agreed in writing not to use the Proceeds for that purpose. If the repair or restoration is not economically feasible or if it would lessen the Lenders protection under this Mortgage, then, subject to the requirements of any Superior Mortgage, the Proceeds may be used to reduce the amount that I owe to the Lender under the Note and under this Mortgage. Subject to the requirements of any Superior Mortgage, if any Proceeds remain after completion of necessary repairs or restoration of the Property, such Proceeds will be used to repay the sums that I owe to the Lender under the Note and under this Mortgage. If any of the Proceeds remain after the amount that I owe to the Lender has been paid in full, the remaining Proceeds will be paid to me, subject to the requirements of any Superior Mortgage. FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 . If I do not respond in writing, within thirty (30) days, to a notice from the Lender stating that the insurance company has offered to settle a claim, or if I abandon the Property, the Lender may cotect the Proceeds, subject to the requirements of any Superior Mortgage. The Lender may use the Proceeds to repair or restore the Property or . to pay the sums outstanding under the Note and under this Mortgage, subject to the requirements of any Superior Mortgage. The thirty (30) day period referred to in this paragraph will begin when the aforementioned notice is given by the Lender to.the Borrower in accordance with Section 14 of this Mortgage. If any of the Proceeds are used to reduce the amount of principal which I owe to the Lender under the Note, that use will not delay the due date of any of my monthly payments under the Note and under Section 2 of this Mortgage. However, the Lender and I may agree in writing to those delays or changes. If the Lender acquires the Property under the terms of this Mortgage, all of my rights in the insurance policies will belong to the Lender, subject to the requirements of any Superior Mortgage. Also, any of my rights In any of the Proceeds which are paid because of damage that occurred before the Property is acquired by the Lender will belong to the Lenderg subject to the requirements of any Superior Mortgage. However, the Lenders rights in those Proceeds will not be greater than the sums secured immediately before the Property is acquired by the Lender. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN LEASE, CONDOMINIUM, PUD AND HOMEOWNER ASSOCIATION DOCUMENTS I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and I will not allow the Property to deteriorate. If I do not own but I am a tenant on the Property, I will fulfill my obligations under my lease. If the Property is a unit In a condominium or in a planned unit development, or if I am a member of a homeowners association, I will fulfill all of my obligations under the declaration, by-laws, regulations and other documents that create or govern the condominium or the planned unit development or the homeowner association. 7. LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY If: (A) I do not keep my promises and agreements made in this.Mortgage, or (B) someone, including me, begins a legal proceeding that may affect Lenders rights in the Property (such as, for example, a legal proceeding in bankruptcy, in probate, for condemnation, to enforce laws or regulations or to enforce and/or protect a lien), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders nghts in the Property. Leaders actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable attomey fees, and entenng on the Property to make repairs, paying hazard insurance.premiums, real estate taxes, and payment of other liens affecting the Property. I will pay to Lender any amounts, with interest, which Lender spends under this Paragraph 7. This Mortgage wilt protect the Lender in case I do not keep this promise to pay those amounts with interest. This Mortgage secures the repayment of those amounts with interest. Iwill pay those amounts to Lender when Lender sends me a notice requesting that I (fo so. I will also pay interest on those amounts at the same rate stated in the Note. Interest on each amount will begin on the date that the amount is spent by Lender. Although Lender may take action under this Paragraph 7, Lender does not have to do so. 8. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable manner and at reasonable times. However, before one of those inspections is made, Lender must give me notice stating a reasonable purpose for the Inspection. That pumose must be related to Lenders rights in the Property. 9. AGREEMENTS ABOUT CONDEMNATON OF THE PROPERTY A taking of Property by an governmental authority by eminent domain is known as "condemnation". I give to Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other govemmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid condemnation. AII of those proceeds will be paid to Lender. . . 10. CONTINUATION OF BORROWER'S OBLIGATION Lender may allow a person who takes over my rights and obligations to delay or to change the amount of the monthly payments of principal and interest due under the Note or under this Mortgage. Even if Lender does this, however, that person and I will both still be fully obligated under the Note and under this Mortgage. Lender may allow those delays or changes for a person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling obilgations under the Note or under this Mortgage, even if Lender is requested to do so. 11. CONTINUATION OF LENDER'S RIGHTS Even if Lender does not exercise or enforce any right of Lender under this Mortgage or under the law, Lender will still have all of those rights and may exercise and enforce them in the future. Even If Lender obtains Insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will still have the right, under Paragraph 17 below, to demand that I make immediate Payment In Full (See Paragraph 17 for a definition of this phrase) of the amount that I owe to Lender under the Note and under this Mortgage. FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 I t RECEIVED NYSCEF: 10/24/2023 12. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS Each of Lenders rights under this Mortgage is separate. Lender may exercise and enforce one or more of those rights. as well as any of Lenders other rights under the law, one at a time or all at once. 13. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS . Subject to the terms of Paragraph 17(C) below which permits Lender to require me to make Immediate Payment In Full in the event of a transfer of an Interest in the Property (or a beneficial interest in Borrower If Borrower is not a natural person) made without Lenders prior written consent, any person who takes over my rights or obligations under this Mortgage will have all of my rights and will be obilg ated to keep all of my promises and agreements made in this Mortgage. Similarly, any person who takes over Lender's rights or obligations under this Mortgage will have all of Lenders rights and will be obligated to keep all of Lenders agreements made in this Mortgage. in this Mortgage, the word "person" means any person. organization, govemmental authority or any other party. If more than one person signs this Mortgage as Borrower, each of us is fully obligated to keep all of Borrowers promises and obligations contained in this Mortgage. Lender may enforce Lenders rights under this Mortgage against each of us 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 the Note and under this Mortgage. However, if one of us does not sign the Note, then: (A) that person Is signing this Mortgage only to give that person's rights in the Property to Lender under the terms of this Modgage; and (B) that person is not personally obligated to make payments or to act under the Note or under this Mortg age. Any person signing this Mortgage but not signing the Note also agrees (i) that Lender may allow any other Borrower to delay or to change payments due under the Note or under this Mortgage and (ii) that Lender may make other accommodations under the Note or under this Modgage. Lender may do this without obtaining anyone's consent and without modifying the effect of this Modgage. 14. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE Unless the law requires otherwise, any notice that must be given to me under this Mortgage will be given by delivering it or by mailing it by mail addressed to me at the address stated in the section above titled "Description Property" of the A notice will be delivered or mailed to me at a different address if I give Lender a notice of my different address. Any notice that must be given to Lender under this Mortgage will be given by mailing it by certified mail to Lenders address stated in paragraph (C) of the section above titled "Words Used Often in this Document" Anotice will be mailed to Lender at a different address If Lender gives me a notice of the different address. A notice required by this Mortgage is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14. 15. LAW THAT GOVERNS THIS MORTGAGE The state and local law that applies in the place that the Property is located will govem this Modgage. This will not limit Federal law that applies to this Mortgage. if any term of this Mortgage or If the Note conflicts with the law, all other terms of this Mortgage and of the Note will still remain in effect If they can be given effect without the contlicting term. This means that any terms of this Mortgage and the Note, which conflict with the law can be separated from the remaining terms, and the remaining terms will still be enforced. As used in this Mortgage, the "expenses" words "costs", and "attomey fees" Include all amounts not.prohibited by applicable law or limited in this Mortgage. 16. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE I acknowledge receipt of a copy of the Note and of this Mortgage. 17. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS If any of the events or conditions described in subparagraphs (A), (B), (C), (D) or (E) of this Paragraph 17 shall occur, Lender may require that I pay immediately the entire amount remaining unpaid under the Note and this Mortgage. This requirement will be called "Immediate Payrnent in Full". If Lender requires immediate Payment in Full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and to have the property sold. At this sale Lender or another person may acquire the Property. This is known as "foreclosure and sale". If the proceeds of this sale are insufficient to repay Lender the amounts due to Lender from me under the Note and under this Mortgage, Lender may obtain a court judgment against me personally for the difference between all amounts due from me under the Note and this Mortgage and the sale proceeds. in any lawsuit for foreclosure and sale, Lender will have the right to collect all costs and expenses of the foreclosure and sale allowed by law. This includes reasonable attorney fees. All such sums as may come due will be secured by the lien of this Mortgage. Lender may require Immediate Payment In Full under this Paragraph 17, if (A) I fail to make any payment required by the Note or this Mortgage when it is due; or (B) I fail to keep any other promise or agreement In this.Mortgage within the time set forth, or if no time is set forth in this Mortgage, then within the time set forth in the notice sent to me by Lender; or FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 I 1 RECEIVED NYSCEF: 10/24/2023 (C) All or any pad of the Property, or any right in the Propedy, is sold or transferred without the Lender's prior written consent (or, if Borrower is not a natural person, if a beneficial interest in Borrower is sold or transferred); or (D) I fail to make any required payment when due under any Superior Modgage, or if I fail to keep another promise or agreement contained in any Superior Modgage; or (E) On application of Lender, two or more insurance companies licensed to do business in the State in which the Property is located refuse to issue policies insuring the buildings and improvements on the Propedy. 18. LENDER'S RIGHTS TO RENTAL PAYMENTS FROM THE PROPERTY AND TO TAKE POSSESSION OF THE PROPERTY As additional protection for Lender, I give to Lender all of my rights to any rental payments from the Property. However, until Lender requires Immediate Payment In Full or until I abandon the Propedy I have the right to collect and keep those rental payments as they become due. I have not given any of my rights to rental payments from the Property to anyone and I will not do so without Lender's prior consent in writing. If Lender requires immediate Payment In Full or if I abandon the Property then Lender, persons authorized by Lender or a receiver appointed by a coud at-Lender's request may: (A) collect the rental payments, including overdue rental payments directly from the tenants; (B) enter on and take possession of the Propedy; (C) manage the Property; and (D) sign, cancel and change leases. I agree that if Lender notifies the tenants that Lender has the right to collect rental payments directly from them under thIs Paragraph 18 the tenants may make those rental payments to Lender without having to ask whether I have failed to keep my promises and agreements under this Mortgage. If there is a judgment for Lender in a lawsuit for foreclosure and sale, I will pay to Lender reasonable rent from the date the judgment is entered for as long as I occupy the Property. However, this does not give me the right to occupy the Property. AII rental payments collected by Lender or by a receiver other than the rent paid by me under this Paragraph 18 will be used first to pay the costs of collecting rental payments and of managing the Property. If any part of the rental payments remains after those costs have been paid in full. the remaining part will be used to reduce the amount that I owe to Lender under the Note and under this Mortgage. The costs of managing the Property may include the receiver's fees, reasonable attorney fees and the cost of any necessary bonds. Lender and the receiver will be obligated to account only for those rental payments that they actually receive. 19. AGREEMENT ABOUT NEW YORK LIEN LAW I will-receive all amounts lent to me by Lender subject to the trust fund provisions of Section 13 of the New York Lien Law. This means that if, on the date this Mortgage is recorded in the proper official records, construction or other work on any building or other improvement located on the Property has not been completed for at least the period of time provided in Section 13 of the New York Lien Law, I will: (A) hold all amounts which I receive and which I have a right to receive from Lender under the Note as a "trust fund"; and (B) use those amounts to pay for that construction or the work before I use them for any other purpose. The fact that I am holding those amounts as a "trust fund " means that I have a special responsibility under the law to use the amounts in the manner described in this paragraph. 20. STATEMENT OF AMOUNT DUE AND NO DEFENSES Within five (5) days after request in person or within ten (10) days after request by mail, I will give to Lender a signed statement as to (A) the amount due under the Note and this Mortgage and (B) any offset or defense I have against the Note or this Mortgage. 21, CHANGES MUST BE IN WRITING No change in the terms of the Note or this Mortgage will be effective unless agreed to in a writing signed by the Lender. 22. LOAN CHARGES If a law or regulation which applies to the loan secured by this NIortgage and which sets maximum interest or other loan charges. is finally interpreted so that the interest or other loan charges collected, or to be collected, in connection with the loan secured by this Mortgage exceed the permitted limits, then (A) any such interest or other loan charges shall be reduced by the amount necessary to reduce such interest or other loan charges to the permitted limits; and (B) any sums already collected from me which exceed permitted limits will be refunded to me, The Lender may choose to make this refund by reducing the principal I owe under the Note and this Mortgage or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment penalty. 23. RELEASE Upon payment in full of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs as permitted under Applicable Law. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 ' 24. NOTICE TO BORROWERS IF THIS BOX IS CHECKED, THIS MORTGAGE ENCUMBERS REAL PROPERTY PRINCIPALLY IMPRO ED BY A ONE OR TWO FAMILY RESIDENCE OR DWELLING. IF THIS BOX IS NOT CHECKED, THIS MORTGAGE ENCUMBERS REAL PROPERTY PRINCIPALLY IMPROVED BY A THREE TO SIX FAMILY RESIDENCE OR DWELLING, EACH HAVING ITS OWN COOKING FACILITIES. 25. RIGHT OF CANCELLATION DEFAULT IN THE PAYMENT OF THIS MORTGAGE MAY RESULT IN THE LOSS OF THE PROPER1Y. UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS MORTGAGE. IF YOU HAVE THIS RIGHT, THE LENDER IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND THE TIME UNDER WHICH YOU CAN EXERCISE THIS RIGHT. BY SIGNING THIS MORTGAGE, I AGREE TO ALL OF THE ABOVE. WITNESS THE HAND(S) AND SEALS OF THE UNDERSIGNED R BERT L BENNETT P NNY L BENN¾ Signed, Sealed and Delivered in the Presence of: . . STATE OF NEW YORK ) :ss COUNTY OF OSWEGO ) On this 21ST day of AUGUST in the year 2006 before me, the undersigned, a Notary Public in and for said State, personally appeared RŒBERT L BENNETT, PENNY L BENNETT, personally known to ine or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the'Individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. TIMOTHYM.ALEXANDER .. .. Nobry PuMc.$tateof NewYork No.01ALS076942 QuaMedinonandagaCounty CommissionExpiresJuly 1. 20. 2 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/24/2023 All that tract or parcel of land situate in the Town of Schroeppet, County of Oswego and State of New York, being part of Lot #3, 24th Township of Scriba's Patent, and being more particularly described as follows: Beginning at that point in the centerline of County Route #10 which, from the intersection of the centerline of County Route #10 with the south line of the premises conveyed to Martha R. Van Tassel and Jay B. Van Tassel, husband and wife, by Dennis J. Dewey, as Trustee in Bankruptcy and the Estate of Charles F. Lang, by Trustee's Deed dated 7 August 2001 and recorded 13 August 2001 in the Office of the Oswego County Clerk as Instrument R-2001-009520, is north 27 degrees 44 minutes 43 seconds east a distance of 200.0 feet, thence, from said point of beginning, running along the centerline of County Route #10, north 27 degrees 44 minutes 43 seconds east a distance of 197.60 feet to a point of curver thence running along the centerline of County Route #10 on the curve to the left, having a radius of 3,000 feet, a distance of 202.4 feet to a point, thence running south 81 degrees 56 minutes 17 seconds east through an iron rod set, a distance of 458.82 feet to a point and iron rod set, thence running south 27 degrees 44 minutes 43 seconds west through an iron rod set a distance of 400.00 feet to a point and iron rod set thence running north 61 degrees 56 - minutes 17 seconds west through an iron rod set a distance of 450.0 feet to said point of beginning, containing 4.1418 acres of land and being those parcels of land Numbered 2 and Numbered 3 as shown on the final Plat, Van Tassel Subdivision, amended, made by A. Scott Whittaker, Licensed land Surveyor, last dated 10 September 2002 and filed in the office of the Oswego County Clerk as Plat 18, Line 140. Tax ide: 257.00-02-25.05