Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
EXHIBIT E
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
CQ1WPLETEONLY INFORMATION ON TES FORM WECH PERTAINSTO DOCUMENT ATTACHED
OSWEGO COUNTY CLERICS ONICE PLEASE TYPE OR LECIBLY PRINT
GEORGE J. WILLIAMS - COUNTY CLERK INFORMATION WITH BLACK INK
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MISCELLANEOUS FEES
RECORDING FEES
X LOC GOVT.............s 20.00
COVER PAGE ..............................................................................$ 7.00
RECORDING FEE CHARGE ..................-..................................$ 5.99 TP 584......................$ 5.00
# OF PAGES(INCLUDINGCOVERPAGE) x 3.00 =..-..... $ TP 584.1...................$ 5,00
# OF EXTRA NAMES x .50=...................................... $
RP 5217 ..................,$ 25.00
# OF REFERENCES x .50 =.........................................$
255 AFFID...............$ 5.00
# OF CROSS REFERENCES x .50 =........................... $
# OF EXTRA ASST x 3.50 =........................................ $ AFFB #
TOTAL .............................-....-.......--.....................-............... $ ŠDTAL ......................................S
GRAND TOTAL FOR
DEED TRANSFER TAX THIS DOCUMENT-...$
OncludeRevenueor Mtge Tax la this total itapplicable)
REVENUE STAMPS $
TOWN/CITY/VILLAGE 1C. roe. MORTGAGE TAX
(COMPLETE FOR MORTGAGE ALSO)
MORMAGE AMT. $ __
, 257.00-c0c5.05
TOTAL MTGE TAX $
MORTGAGE TYPRS
(CLERK'S OFFICE ONLY) COMMERCIAL
REVENUE
1 - 2 FAMILY
(THIS MORTGAGE IS TO FINANCE THE
ACQUISITION OR IMPROVEMENT OF A ONE
(CLERK'S OFFICE ONLY) OR TWO FAMILY DWELLINC.)
MORTGAGE
- CREDIT UNION IINDIVIDUAL
EXEMPT
CLERK'S INITra r
1HEREBY CERT1FYTHAT THE WITHIN AND FOREGOING WAS RECORDED
IN THE CLERK'S OFFICE FOR OSWBGO COUNTY. NEW YORK. OswegoCo Clerk
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
CHAMPION MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054
File d Cust d
CONSQLIDATION, EXTENSION AND
LOAN MÇDIFICATION AGREEMENT
NEW YORK- ADJUSTABLE RATE
THIS AGREEMENT ("Agreement"), is made this 13TH day of OCTOBER, 2006, between CHAMPION
MORTGAGE , A DIVISDN OF KEYBANK NATIONAL ASSOCIATION, a national bank organized and existing
under the laws of the United States, with an office at, 2 Gatehall Drive, Parsippany, NJ 07054 ("Lender"), and
ROBERT L. BENNETT , PENNY L. BENNETT , with an address of 1424 COUNTY ROUTE 10 , PENNELLVILLE,
NY 13132-3350, ("Borrower").
As used in this document:
"Agreement"
(A) means this document together with all exhibits, addenda and dders attached to this
document.
"Mortgages" means the mortgages or other security instruments, together with any additional
(B)
related agreements identified in Exhibit A to the Agreement.
"Notes" means the Notes Identified In Exhibit
(C) A to this Agreement and which are secured by
the Mortgages
"Property" means the property described In Exhibit B to this Agreement and having a mailing
(D)
address of:
1424 COUNTY ROUTE 10, PENNELLVILLE, NEWYORK
(E) "Note Holder" means the Lender and anyone who succeeds to Lenders rights under this
Agreement, the Notes and the Mortgages.
In consideration of the mutual agreements herein expressed, together with other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, Borrower covenants, promises and agrees with
Lender as follows:
1. Borrower promises and agrees to perform all the obligations under the Notes and Mortgages as
consolidated and modified by thIs Agreement. The total unpaid principal balance of the Notes this date is
ONE HUNDRED EIGHT THOUSAND AND 00/100 U.S. $ $108,000.00 and of this amount, SIXTY THOUSAND,
FORTY FIVE AND 00/100 U.S.S. $60,045.00 was advanced to me, or for my account or for my benefit
immediately prior to this consolidation. H---
A 000 DI (f y70
2. (A) Pursuant to and with the execution of this Agreement, Borrower and Lender are consolidating and
combining into one set of rights and obligations all of the promises and agreements stated In the Notes and
Mortgages, including any eadier agreements which combined, modified or extended rights and obligations under
any of the Notes and Mortgages, so that all of the Lender's rights in the Property are combined and under the Iaw
Lender has one mortgage and Borrower has one loan obligation, Borrower will pay that obligation as provided in
the Consolidated Note as required under this Agreement. This combining of Notes and Mortgages is known as a
"Consolidation."
(B) In the event that Exhibit A indicates that all of the Notes and Mortgages have already been combined
by a previous agreement, the Lender and Borrower agree to change the terms of Section 2 paragraph (A) of thIs
Agreement to the following:
Lender and Borrower agree that all of the promises and agreements stated in the Notes and
Mortgages, Including any earlier agreements which combined, modified or extended any rights, .
oligations or provisions under any of the Notes or Modgages were combined Into one set of rights
and obligations pursuant to an earlier agreement identified in Exhibit A. All of Lender's rights In the
Property were then combined and Lender now has under the law one mortgage and Borrower has
one obligation that Borrower promises to pay In accordance with this Agreement. The combining of
Notes and Mortgages is known as a "Consolidation".
3. Borrower and Lender agree the terms and provisions of the Notes are restated to be the terms and
provisions of the Consolidation Note attached to this Agreement as Exhibit C, and that said Consolidated Note sets
. forth the payment terms for Borrower's obligation to the Note Holder. Borrower agrees to pay the sums due under
the Notes in accordance with all the terms of the Consolidated Note which supplants the terms, covenants and
conditions of the Notes.
4. Borrower represents, warrants and agrees that there are no defenses, counterclaims or otfsets to the
obligations of the Consolidated Note, the indebtedness it evidences or the Consolidated Mortgage.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
6. Borrower and Lender agree that the terms and provisions of the Mortgage am superseded by and restated
to be the terms and provisions of the Consolidated Mortgage attached to this Agreement as Exhibit D, that the
Consolidated Mortgage secures the Consolidated Note and will constitute under the law a single lien against the
Property. Borrower agrees to observe and De bound by the terms, provisions, covenants, representations and
warranties of the Consolidated Mortgage.
6. Borrower represents and warrants that Borrower is the lawful owner of and occupies the Property, and that
Borrower has the right to consolidate, modify and extend the Notes and Mortgages as contempleted by this
Agreement.
7. Each person signing this Agreement as Borrower agrees that they are fully and personally obilgated to
perform all of Borrower's promises, covenants, representations, warranties, obligations and agreements contained
in this Agreement. The Note Holder may enforce its rights under this Agreement against each Borrower Individually
or against all Borrowers together.
8. This Agreement may not be tenninated, altered, modified, amended or changed except in a writing signed
by Borrower and Lender.
9. Borrower agrees that all amounts lent to Borrower by Lender are received subject to the trust fund provisions
of Section 13 of the New York Llen Law. For that reason, Borrower agrees to: (A) hold all amounts received and
which Borrower has a right to receive from Lander under the Consolidated Note as a "trust fund"; and (B) use those
sums to pay for "cost of improvement", as defined in the New York Lien Law, before using them for any other
funds"
purpose. Borrower acknowledges that holding such funds as "trust means that for any building on the
Property, the Borrower has a special responsibility under the law to use the funds as provided in this section.
IN WITNESS WHEREOF, this Agreement has been executed by Borrower and Lender.
R RT L. BENNETT
PENNY L BENNE
Lender
STATE OF NEW YORK )
ss
COUNTY OF OSWEGO )
On this 13TH day of OCTOBER In the year 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared ROBERT L. BENNETT, PENNY L. BENNETT penieneHy-known-ttune-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(les), and that by
his/het¥their signature(s) on the instrument, the individual(s), )
.actedrexecuted the instrument.
Notary Publi
NANCY
V.AME
Stage
ofNurYogk
NDfARYPUBUC,
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
STATE OF NEW JERSEY )
COUNTY OF h o
On this day of O C- In the year 2 O D before me, the
undersig ed, a Notary Public in and for said State, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose
is/are subscribed to the within Instrument and acknowledged to me that name(s)
he/sheAhey executed the same in
his/herAheir capacity(les), and that by his/herAheir signature(s) on the the
Instrument, individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
PATRICIA CIFRESE
NOTARY PUBLIC
STATE OF NEW JERSEY
MAR,27,2008
EXPIRES
MYCOMMISsl0N
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
EX@BE A
(List of Mortgages,Notes,and Agreements)
(1) This Mortgagegiven by Robert L Bennett and Fenny L Bennett
anddalad 8/21/06 in favor of CHAMPION MORTGAGE, A DIVISION
OF KEYBANK NATIONAL ASSOCIATION
securing the original principal amountof U.S. $ 48,000.00 ThisMortgagewasrecorded
on 9/12/06 in the
of OswegoCounty
StateofNew York atDocument # R2006-011660 .
At this date, the unpaid principal balance secured by this Mortgage is U.S. $ 47,955.00
This Mortgage securesa Note dated 8/21/06.
(2) This Mortgagegiven by
anddated in favor of CHAMPION MORTGAGE, A DIVISION OF KEYBANK,
USA, NATIONAL ASSOCIATION
securingtheoriginalprincipalamountof U.S. $ This Mortgagewas
recordedon in the OFFICE OF THE COUNTY CLERK of
, Stateof New York,
[Slrikeifnot applicable.]ThisMortgagesecuresaNotedated . At this date,theunpaid
principalbalancesecuredby thisMortgageis U.S.$
(3) This Mortgagegiven by
anddated in favor of
securingtheoriginalprincipalamountofU.S. $ This Mortgagewas
recordedon in the of
COUNTY, Stateof New York, LIBER , PAGE
[Strikeif not applicable.]ThisMortgagesecuresa Notedated
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
All that tract or parcel of land situate in the Town of Schroeppel, 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 410 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 feet 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 feet a distance of 197.60 feet to a point of
curve, 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 an filed in the Office of the Oswego County Clerk as
Plat 18, Line 140.
Tax id#: 257.00-02-25.05
(
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
CHAMPION MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054
File # Cust #
CONSOLIDATED NOTE
NEW YORK LOAN MODIFICATION ADJUSTABLE RATE - FIRST LIEN
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS CONSOLIDATED NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
This Note amends and restates In their entirety, and is given in substitution for, the Notes described In Exhibit A
of the New York Consolidation, Extension and Loan Modification Agreement dated the same date as this Note.
OCTOBER 13, 2006 PENNELLVILLE, NEW YORK
1424 COUNTY ROUTE 10, PENNELLVILLE, NEW YORK
1. BORROWER'S PROMISE TO PAY
.In return for a loan that I have received, I promise to pay U.S. ONE HUNDRED EIGHT THOUSAND AND
00/100 Dollars (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is CHAMPION
MORTGAGE , A DIVISION OF KEYBANK NATIONAL ASSOCIATION. I understand that the Lender may transfer this
Consolidated Note (sometimes called the "Note"). The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on the unpaid principal until the full amount of the principal has been paid and will be
computed on the basis that a year consists of twelve (12) months each containing thirty (30) days. I will pay interest at
an initial yearly rate of 7.750%. The interest rate I will pay wE change in accordance with Section 4 of this Note. The
interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default
described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month. I will make my monthly payments on
the 18TH day of each month beginning on NOVEMBER 18, 2006,
I will make these payments every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. My monthly payments will be applied to interest before
principal. If, on OCTOBER 18, 2036, I stM owe amounts under this Note, I will pay those amounts in full on that
Date."
date, which is called the "Maturity
I will make my monthly payments at P.O. BOX 15144, ALBANY, NY 12212, or at a different place if
required by the Note Holder.
I understand and agree that interest will accrue, be computed and be collected for the period fmm one
scheduled payment due date to the next on the assumption that each such payment period consists of thirty (30)
days, regardless of the date on which my payment is actually received. I understand and agree that if the Note
Holder receives a payment after its due date and any appilcable grace period, I will owe a late charge under
paragraph 7(A) of this Note.
(B) Amount of My initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $773.73. This amount may change.
(C) Monthly Payment Changes
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
Changes in my monthly payment will reflect changes in the unpaid principal of
my loan and in the
interest rate that I must pay. The Note Holder will determine my new interest rate and the changed
amount of
my monthly payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the 18TH day of OCTOBER, 2008, and on that
day every 6th
month thereafter. Each date on which my interest rate could change is called a "Change Dete."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the
average of interbank offered rates for six month U.S.dollar-denominated deposits in the London market
("LIBOR"), as published InThe Wall Streat Journaland as made available by the Federal Reserve Board. The
most recent index figure available as of the date forty-five (45) days before each Change Date is called the
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index, which is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes . .
Before each Change Date, the Note Holder will calculate my interest rate by adding THREE AND
873/1000 percentage (3.873%) points to the Current Index. The Note Holder will then round the result of this
addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)
below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then
determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am
expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 10.750% or less
than 4.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by
more than one percentage (1%) point from the rate of interest I have been paying for the preceding six (0)
months. My interest rate will never be greater than 13.750% ("lifetime cap"), and will never be lower than
3.873% ("floor"), during the term of this loan.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again,
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate aId the amount of
my monthly payment before the effective date of any change. The notice will include Information required by law
to be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.
5. BORROWER'S RIGHT TO MAKE PREPAYMENTS
f have the right to make payments of principal at any time before they are due. A payment of principal only is
"Prepayment."
known as a When I make a Prepayment, l will tell the Note Holder in writing that I am doing so. I may
make a full prepayment or partfal prepayments without paying any prepayment charge. The Note Holder will use aff of
I Note Holder, however, may apply my
my Prepayments to reduce the amount of principal that owe under this Note. The
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 dates of my monthly
payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of
due to my
my monthly payments after the first Change Date following my partial prepayment. However, any reduction
partial prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
. If a law, which applies to this loan and which sets maximum joan 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: (i)
permitted limit; and 01)any
any such loan charge shall be reduced by the amount necessary to reduce the charge to the
sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose
to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund
reduces principal, the reduction will be treated as a partial prepayment.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payment
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 Inte charge will be
5.000% of my averdue payment. 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 mortthly 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 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 thirty
(30) days after the date on which the notice is delivered or mailed to me.
(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.
(E) Payment of Note Holder's Costs and Expenses
In the event of my default, whether or not the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back for all of the reasonable costs and expenses
as permitted by law or regulation. Those expenses include, for example, but are not limited to, reasonable
attomey fees, which reasonable attomey fees are agreed to not exceed fifteen percent (15%) of the then
remaining unpaid balance of principal and accrued Interest thereon.
(F) Dishonored Chect Charge
I will pay a dishonored check charge of $20,00 to the Note Holder for each check or other instrument
given in payment under this Note which is dishonored due to insufficient funds or any other cause.
8. 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 delivedng it or by mailing it by first class mail to me at the Property Address above or at a different address if i
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by 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.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obilgated 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 al_o obligated to do these things. Any person, who takes over these obligations, including the obilgation 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 amounts owed under this Note.
10. BORROWER'S WAlVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
"Presentment"
dishonor. 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 amounts due have not been
paid.
No change or cancellation of this Note shall be effective unless the change or cancellation is in writing and has
been signed by the Note Holder and me.
11. SECURED NOTE
In addition to the protections given to the Note Holder under this Note, a Consolidated Mortgage, Deed of Trust
or Security Deed (the "Security Instrument") dated the same date as this Note, protects the Note Holder from possible
losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes
how and under what conditions I may be required to make immediate payment in fult of all amounts I owe under this
Note. Some of those conditions are described as follows:
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
Transfer of the Property or a Beneficial interest in Borrower, if all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration, The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
12. APPLICABLE LAW
Lender, KEVBANK NATIONAL ASSOCIATION, Is a national bank located in the State of Ohio. Consequently,
this Note is govemed by the laws of the United States of America and the State of Ohio, whether or not I live in or
execute this Note in said state. This Note is entered into between Lender and me in,·is accepted by Lender in and credit
is extended to me from the State of Ohio. The laws of the state where the real pmperty securing this Note is located
shall, however, govem the rights and obligations of Leader and me under, and all other terms and conditions of, the
Security Instrument.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
ERT L. I ENNET
PENNY L. BENNE
Witness:
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
CHAMPlON MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054
File # Cust #
NEW YORK LOAN MODIFICATION RIDER TO CONSOLIDATEÇ NOTE -
FiliST OR SECOND LIEN
Date of Note: OCTOBER 13, 2006
Borrower(s) Name(s):
ROBERT L. BENNETT
PENNY L. BENNETT
Secured Property Address:
1424 COUNTY ROUTE 10 .
PENNELLVILLE, NEW YORK
Loan Amount: $108,000.00
In the event Lender has not received (at the previously designated funding location or the Lenders corporate
headquarters) and approved all of the documents and/or information which it requires to fund the above mentioned loan
on OCTOBER 18, 2006, then this loan may be cancelled or funded at a later date, at the sole option of the Lender. If the
Lender chooses to fund this loan at a date subsequent to OCTOBER 18, 2006 then, regardless of what appears
elsewhere in the loan documents, the first payment will be due one month after the loan Is funded. Future payment will be
due on the same day of each month as the first payment. Interest will be charged to the Borrower(s) beginning on the
date money is disbursed by the Lender. The maturity date will be extended and will be 360 months from the date of
funding the loan.
All other terms, as evidenced in the Mortgage Note, Security instrument and other loan documents, remain the
same.
. .
ACKNOWLEDGMENT
l/We the applicant(s) have read and understand the contents of this Rider to the Consolidated Note and agree to
its terms and conditions by signing and dating below.
Date: OCTOBER 13, 2006
RT C BENNET
Date: OCTOBER 13, 2006
PENNY L. BENN
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023
CHAMPfON MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054
File Cust #
CONSOLIDATED MORTGAGE
NEW YORK ADJr$TABLE RATE - FIRST OR SECOND
Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 EXHIBIT E FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 CQ1WPLETEONLY INFORMATION ON TES FORM WECH PERTAINSTO DOCUMENT ATTACHED OSWEGO COUNTY CLERICS ONICE PLEASE TYPE OR LECIBLY PRINT GEORGE J. WILLIAMS - COUNTY CLERK INFORMATION WITH BLACK INK susMiTTEoRv. TansTAR NoYendlk . DO NOT TTrE Ornormewn CEMA _ DETACH r-asse-eles71 J³*" " )f²°° noornear.. PARTIES TO TRAN CTION II II Al cowsot. m, Gaprge J. Wi l liams i. Cowity Cler k Chapon yge RECORD & RETURN TO (Name, Address & Zip Code) TRW5fAR He¾\ T e. Robed L.Bauned 1101 01 aeo krk¾y%t53 pay L 8Sd he Jx m75 RECEIPT # MISCELLANEOUS FEES RECORDING FEES X LOC GOVT.............s 20.00 COVER PAGE ..............................................................................$ 7.00 RECORDING FEE CHARGE ..................-..................................$ 5.99 TP 584......................$ 5.00 # OF PAGES(INCLUDINGCOVERPAGE) x 3.00 =..-..... $ TP 584.1...................$ 5,00 # OF EXTRA NAMES x .50=...................................... $ RP 5217 ..................,$ 25.00 # OF REFERENCES x .50 =.........................................$ 255 AFFID...............$ 5.00 # OF CROSS REFERENCES x .50 =........................... $ # OF EXTRA ASST x 3.50 =........................................ $ AFFB # TOTAL .............................-....-.......--.....................-............... $ ŠDTAL ......................................S GRAND TOTAL FOR DEED TRANSFER TAX THIS DOCUMENT-...$ OncludeRevenueor Mtge Tax la this total itapplicable) REVENUE STAMPS $ TOWN/CITY/VILLAGE 1C. roe. MORTGAGE TAX (COMPLETE FOR MORTGAGE ALSO) MORMAGE AMT. $ __ , 257.00-c0c5.05 TOTAL MTGE TAX $ MORTGAGE TYPRS (CLERK'S OFFICE ONLY) COMMERCIAL REVENUE 1 - 2 FAMILY (THIS MORTGAGE IS TO FINANCE THE ACQUISITION OR IMPROVEMENT OF A ONE (CLERK'S OFFICE ONLY) OR TWO FAMILY DWELLINC.) MORTGAGE - CREDIT UNION IINDIVIDUAL EXEMPT CLERK'S INITra r 1HEREBY CERT1FYTHAT THE WITHIN AND FOREGOING WAS RECORDED IN THE CLERK'S OFFICE FOR OSWBGO COUNTY. NEW YORK. OswegoCo Clerk FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 CHAMPION MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054 File d Cust d CONSQLIDATION, EXTENSION AND LOAN MÇDIFICATION AGREEMENT NEW YORK- ADJUSTABLE RATE THIS AGREEMENT ("Agreement"), is made this 13TH day of OCTOBER, 2006, between CHAMPION MORTGAGE , A DIVISDN OF KEYBANK NATIONAL ASSOCIATION, a national bank organized and existing under the laws of the United States, with an office at, 2 Gatehall Drive, Parsippany, NJ 07054 ("Lender"), and ROBERT L. BENNETT , PENNY L. BENNETT , with an address of 1424 COUNTY ROUTE 10 , PENNELLVILLE, NY 13132-3350, ("Borrower"). As used in this document: "Agreement" (A) means this document together with all exhibits, addenda and dders attached to this document. "Mortgages" means the mortgages or other security instruments, together with any additional (B) related agreements identified in Exhibit A to the Agreement. "Notes" means the Notes Identified In Exhibit (C) A to this Agreement and which are secured by the Mortgages "Property" means the property described In Exhibit B to this Agreement and having a mailing (D) address of: 1424 COUNTY ROUTE 10, PENNELLVILLE, NEWYORK (E) "Note Holder" means the Lender and anyone who succeeds to Lenders rights under this Agreement, the Notes and the Mortgages. In consideration of the mutual agreements herein expressed, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Borrower covenants, promises and agrees with Lender as follows: 1. Borrower promises and agrees to perform all the obligations under the Notes and Mortgages as consolidated and modified by thIs Agreement. The total unpaid principal balance of the Notes this date is ONE HUNDRED EIGHT THOUSAND AND 00/100 U.S. $ $108,000.00 and of this amount, SIXTY THOUSAND, FORTY FIVE AND 00/100 U.S.S. $60,045.00 was advanced to me, or for my account or for my benefit immediately prior to this consolidation. H--- A 000 DI (f y70 2. (A) Pursuant to and with the execution of this Agreement, Borrower and Lender are consolidating and combining into one set of rights and obligations all of the promises and agreements stated In the Notes and Mortgages, including any eadier agreements which combined, modified or extended rights and obligations under any of the Notes and Mortgages, so that all of the Lender's rights in the Property are combined and under the Iaw Lender has one mortgage and Borrower has one loan obligation, Borrower will pay that obligation as provided in the Consolidated Note as required under this Agreement. This combining of Notes and Mortgages is known as a "Consolidation." (B) In the event that Exhibit A indicates that all of the Notes and Mortgages have already been combined by a previous agreement, the Lender and Borrower agree to change the terms of Section 2 paragraph (A) of thIs Agreement to the following: Lender and Borrower agree that all of the promises and agreements stated in the Notes and Mortgages, Including any earlier agreements which combined, modified or extended any rights, . oligations or provisions under any of the Notes or Modgages were combined Into one set of rights and obligations pursuant to an earlier agreement identified in Exhibit A. All of Lender's rights In the Property were then combined and Lender now has under the law one mortgage and Borrower has one obligation that Borrower promises to pay In accordance with this Agreement. The combining of Notes and Mortgages is known as a "Consolidation". 3. Borrower and Lender agree the terms and provisions of the Notes are restated to be the terms and provisions of the Consolidation Note attached to this Agreement as Exhibit C, and that said Consolidated Note sets . forth the payment terms for Borrower's obligation to the Note Holder. Borrower agrees to pay the sums due under the Notes in accordance with all the terms of the Consolidated Note which supplants the terms, covenants and conditions of the Notes. 4. Borrower represents, warrants and agrees that there are no defenses, counterclaims or otfsets to the obligations of the Consolidated Note, the indebtedness it evidences or the Consolidated Mortgage. FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 6. Borrower and Lender agree that the terms and provisions of the Mortgage am superseded by and restated to be the terms and provisions of the Consolidated Mortgage attached to this Agreement as Exhibit D, that the Consolidated Mortgage secures the Consolidated Note and will constitute under the law a single lien against the Property. Borrower agrees to observe and De bound by the terms, provisions, covenants, representations and warranties of the Consolidated Mortgage. 6. Borrower represents and warrants that Borrower is the lawful owner of and occupies the Property, and that Borrower has the right to consolidate, modify and extend the Notes and Mortgages as contempleted by this Agreement. 7. Each person signing this Agreement as Borrower agrees that they are fully and personally obilgated to perform all of Borrower's promises, covenants, representations, warranties, obligations and agreements contained in this Agreement. The Note Holder may enforce its rights under this Agreement against each Borrower Individually or against all Borrowers together. 8. This Agreement may not be tenninated, altered, modified, amended or changed except in a writing signed by Borrower and Lender. 9. Borrower agrees that all amounts lent to Borrower by Lender are received subject to the trust fund provisions of Section 13 of the New York Llen Law. For that reason, Borrower agrees to: (A) hold all amounts received and which Borrower has a right to receive from Lander under the Consolidated Note as a "trust fund"; and (B) use those sums to pay for "cost of improvement", as defined in the New York Lien Law, before using them for any other funds" purpose. Borrower acknowledges that holding such funds as "trust means that for any building on the Property, the Borrower has a special responsibility under the law to use the funds as provided in this section. IN WITNESS WHEREOF, this Agreement has been executed by Borrower and Lender. R RT L. BENNETT PENNY L BENNE Lender STATE OF NEW YORK ) ss COUNTY OF OSWEGO ) On this 13TH day of OCTOBER In the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT L. BENNETT, PENNY L. BENNETT penieneHy-known-ttune-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(les), and that by his/het¥their signature(s) on the instrument, the individual(s), ) .actedrexecuted the instrument. Notary Publi NANCY V.AME Stage ofNurYogk NDfARYPUBUC, FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 STATE OF NEW JERSEY ) COUNTY OF h o On this day of O C- In the year 2 O D before me, the undersig ed, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose is/are subscribed to the within Instrument and acknowledged to me that name(s) he/sheAhey executed the same in his/herAheir capacity(les), and that by his/herAheir signature(s) on the the Instrument, individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA CIFRESE NOTARY PUBLIC STATE OF NEW JERSEY MAR,27,2008 EXPIRES MYCOMMISsl0N FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 EX@BE A (List of Mortgages,Notes,and Agreements) (1) This Mortgagegiven by Robert L Bennett and Fenny L Bennett anddalad 8/21/06 in favor of CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION securing the original principal amountof U.S. $ 48,000.00 ThisMortgagewasrecorded on 9/12/06 in the of OswegoCounty StateofNew York atDocument # R2006-011660 . At this date, the unpaid principal balance secured by this Mortgage is U.S. $ 47,955.00 This Mortgage securesa Note dated 8/21/06. (2) This Mortgagegiven by anddated in favor of CHAMPION MORTGAGE, A DIVISION OF KEYBANK, USA, NATIONAL ASSOCIATION securingtheoriginalprincipalamountof U.S. $ This Mortgagewas recordedon in the OFFICE OF THE COUNTY CLERK of , Stateof New York, [Slrikeifnot applicable.]ThisMortgagesecuresaNotedated . At this date,theunpaid principalbalancesecuredby thisMortgageis U.S.$ (3) This Mortgagegiven by anddated in favor of securingtheoriginalprincipalamountofU.S. $ This Mortgagewas recordedon in the of COUNTY, Stateof New York, LIBER , PAGE [Strikeif not applicable.]ThisMortgagesecuresa Notedated FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 All that tract or parcel of land situate in the Town of Schroeppel, 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 410 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 feet 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 feet a distance of 197.60 feet to a point of curve, 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 an filed in the Office of the Oswego County Clerk as Plat 18, Line 140. Tax id#: 257.00-02-25.05 ( FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 CHAMPION MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054 File # Cust # CONSOLIDATED NOTE NEW YORK LOAN MODIFICATION ADJUSTABLE RATE - FIRST LIEN (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS CONSOLIDATED NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. This Note amends and restates In their entirety, and is given in substitution for, the Notes described In Exhibit A of the New York Consolidation, Extension and Loan Modification Agreement dated the same date as this Note. OCTOBER 13, 2006 PENNELLVILLE, NEW YORK 1424 COUNTY ROUTE 10, PENNELLVILLE, NEW YORK 1. BORROWER'S PROMISE TO PAY .In return for a loan that I have received, I promise to pay U.S. ONE HUNDRED EIGHT THOUSAND AND 00/100 Dollars (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is CHAMPION MORTGAGE , A DIVISION OF KEYBANK NATIONAL ASSOCIATION. I understand that the Lender may transfer this Consolidated Note (sometimes called the "Note"). The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on the unpaid principal until the full amount of the principal has been paid and will be computed on the basis that a year consists of twelve (12) months each containing thirty (30) days. I will pay interest at an initial yearly rate of 7.750%. The interest rate I will pay wE change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 18TH day of each month beginning on NOVEMBER 18, 2006, I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on OCTOBER 18, 2036, I stM owe amounts under this Note, I will pay those amounts in full on that Date." date, which is called the "Maturity I will make my monthly payments at P.O. BOX 15144, ALBANY, NY 12212, or at a different place if required by the Note Holder. I understand and agree that interest will accrue, be computed and be collected for the period fmm one scheduled payment due date to the next on the assumption that each such payment period consists of thirty (30) days, regardless of the date on which my payment is actually received. I understand and agree that if the Note Holder receives a payment after its due date and any appilcable grace period, I will owe a late charge under paragraph 7(A) of this Note. (B) Amount of My initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $773.73. This amount may change. (C) Monthly Payment Changes FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 18TH day of OCTOBER, 2008, and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Dete." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S.dollar-denominated deposits in the London market ("LIBOR"), as published InThe Wall Streat Journaland as made available by the Federal Reserve Board. The most recent index figure available as of the date forty-five (45) days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index, which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes . . Before each Change Date, the Note Holder will calculate my interest rate by adding THREE AND 873/1000 percentage (3.873%) points to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.750% or less than 4.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage (1%) point from the rate of interest I have been paying for the preceding six (0) months. My interest rate will never be greater than 13.750% ("lifetime cap"), and will never be lower than 3.873% ("floor"), during the term of this loan. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate aId the amount of my monthly payment before the effective date of any change. The notice will include Information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO MAKE PREPAYMENTS f have the right to make payments of principal at any time before they are due. A payment of principal only is "Prepayment." known as a When I make a Prepayment, l will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partfal prepayments without paying any prepayment charge. The Note Holder will use aff of I Note Holder, however, may apply my my Prepayments to reduce the amount of principal that owe under this Note. The 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 dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of due to my my monthly payments after the first Change Date following my partial prepayment. However, any reduction partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES . If a law, which applies to this loan and which sets maximum joan 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: (i) permitted limit; and 01)any any such loan charge shall be reduced by the amount necessary to reduce the charge to the sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payment 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 Inte charge will be 5.000% of my averdue payment. 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 mortthly 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 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 thirty (30) days after the date on which the notice is delivered or mailed to me. (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. (E) Payment of Note Holder's Costs and Expenses In the event of my default, whether or not the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of the reasonable costs and expenses as permitted by law or regulation. Those expenses include, for example, but are not limited to, reasonable attomey fees, which reasonable attomey fees are agreed to not exceed fifteen percent (15%) of the then remaining unpaid balance of principal and accrued Interest thereon. (F) Dishonored Chect Charge I will pay a dishonored check charge of $20,00 to the Note Holder for each check or other instrument given in payment under this Note which is dishonored due to insufficient funds or any other cause. 8. 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 delivedng it or by mailing it by first class mail to me at the Property Address above or at a different address if i give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by 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. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obilgated 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 al_o obligated to do these things. Any person, who takes over these obligations, including the obilgation 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 amounts owed under this Note. 10. BORROWER'S WAlVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of "Presentment" dishonor. 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 amounts due have not been paid. No change or cancellation of this Note shall be effective unless the change or cancellation is in writing and has been signed by the Note Holder and me. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Consolidated Mortgage, Deed of Trust or Security Deed (the "Security Instrument") dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in fult of all amounts I owe under this Note. Some of those conditions are described as follows: FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 Transfer of the Property or a Beneficial interest in Borrower, if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. APPLICABLE LAW Lender, KEVBANK NATIONAL ASSOCIATION, Is a national bank located in the State of Ohio. Consequently, this Note is govemed by the laws of the United States of America and the State of Ohio, whether or not I live in or execute this Note in said state. This Note is entered into between Lender and me in,·is accepted by Lender in and credit is extended to me from the State of Ohio. The laws of the state where the real pmperty securing this Note is located shall, however, govem the rights and obligations of Leader and me under, and all other terms and conditions of, the Security Instrument. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED ERT L. I ENNET PENNY L. BENNE Witness: FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 CHAMPlON MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054 File # Cust # NEW YORK LOAN MODIFICATION RIDER TO CONSOLIDATEÇ NOTE - FiliST OR SECOND LIEN Date of Note: OCTOBER 13, 2006 Borrower(s) Name(s): ROBERT L. BENNETT PENNY L. BENNETT Secured Property Address: 1424 COUNTY ROUTE 10 . PENNELLVILLE, NEW YORK Loan Amount: $108,000.00 In the event Lender has not received (at the previously designated funding location or the Lenders corporate headquarters) and approved all of the documents and/or information which it requires to fund the above mentioned loan on OCTOBER 18, 2006, then this loan may be cancelled or funded at a later date, at the sole option of the Lender. If the Lender chooses to fund this loan at a date subsequent to OCTOBER 18, 2006 then, regardless of what appears elsewhere in the loan documents, the first payment will be due one month after the loan Is funded. Future payment will be due on the same day of each month as the first payment. Interest will be charged to the Borrower(s) beginning on the date money is disbursed by the Lender. The maturity date will be extended and will be 360 months from the date of funding the loan. All other terms, as evidenced in the Mortgage Note, Security instrument and other loan documents, remain the same. . . ACKNOWLEDGMENT l/We the applicant(s) have read and understand the contents of this Rider to the Consolidated Note and agree to its terms and conditions by signing and dating below. Date: OCTOBER 13, 2006 RT C BENNET Date: OCTOBER 13, 2006 PENNY L. BENN FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/24/2023 CHAMPfON MORTGAGE , 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054 File Cust # CONSOLIDATED MORTGAGE NEW YORK ADJr$TABLE RATE - FIRST OR SECOND