Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
___________________________________________________
MIDFIRST BANK Filed: _______________
Plaintiff,
vs. Index No.: ______________
REBECCA A. BALCOM; SUMMONS
and “JOHN DOE” and “MARY DOE,”
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons Mortgaged Premises:
or corporations, if any, having or claiming an interest in 311 Baum Road
or lien upon the premises being foreclosed herein.) Hastings, (Town of Hastings) NY
13076
Defendants.
___________________________________________________
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled
action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after
the service of this Summons, exclusive of the day of service, or within thirty (30) days after
completion of service where service is made in any other manner than by personal delivery
within the State. The United States of America, if designated as a Defendant in this action, may
answer or appear within sixty (60) days of service hereof. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above captioned action is for the foreclosure of:
Mortgage bearing the date of March 15, 2016, executed by Rebecca A. Balcom, unmarried
woman to Mortgage Electronic Registration Systems, Inc. MERS acting solely as a nominee for
Homestead Funding Corp. to secure the sum of $136,654.00, and interest, and recorded in the
Office of the Clerk of Oswego County on March 15, 2016 in Instrument No.: R-2016-002215.
That Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Homestead
Funding Corp. duly assigned said Note and Mortgage to Lakeview Loan Servicing, LLC by
Assignment dated January 16, 2020 and recorded on February 14, 2020 in the Office of the Clerk
of Oswego County in Instrument No.: R-2020-001322.
That Lakeview Loan Servicing, LLC by M&T Bank as its Attorney-in-Fact duly assigned said
Note and Mortgage to MidFirst Bank, a Federally Chartered Savings Bank by Assignment dated
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December 10, 2022 and recorded on December 12, 2022 in the Office of the Clerk of Oswego
County in Instrument No.: R-2022-013353.
The relief sought in the within action is a final judgment directing the sale of the Mortgaged
Premises described above to satisfy the debt secured by the Mortgage described above.
Plaintiff designates Oswego County as the place of trial. The basis of venue is the
County in which the Mortgaged Premises is situated.
Section: 226.00
Block: 04
Lot: 10.2
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DATED: October 23, 2023
Rochester, New York
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of
the answer on the attorney for the Mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your Mortgage company will not stop this foreclosure
action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.
BY: ____________________________________
Molly L. Chapman, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
WE ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
_____________________________________________________
MIDFIRST BANK Filed: _______________
Plaintiff,
vs. Index No.: ______________
REBECCA A. BALCOM;
and “JOHN DOE” and “MARY DOE,” VERIFIED COMPLAINT
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in Mortgaged Premises:
or lien upon the premises being foreclosed herein.) 311 Baum Road
Hastings, (Town of Hastings) NY
Defendants. 13076
_____________________________________________________
The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants
above named, and for its cause of action, alleges:
AS AND FOR ITS FIRST CAUSE OF ACTION
FIRST: Plaintiff, with an office at 999 NW Grand Blvd., Oklahoma City, OK 73118, is
authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant
statutes and, as such, has standing and capacity to bring this action in the courts of the State of New
York.
SECOND: Upon information and belief, that at all times hereinafter mentioned, the
defendant(s) set forth in Schedule A reside or have a place of business at the address set forth
therein and are made defendants in this action in the capacities therein alleged and for the
purpose of foreclosing and extinguishing any other right, title or interest said defendants may
have in the subject premises.
THIRD: That the United States of America, The People of the State of New York, The
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and all other agencies or instrumentalities of the Federal, State or local government
(however designated), if made parties to this action and if appearing in Schedule B, are made
parties solely by reason of the facts set forth in said schedule, and for no other reason.
FOURTH: That heretofore, the defendant(s), Rebecca A. Balcom, for the purpose of
securing to plaintiff or its assignor, its successors and assigns, the sum of $136,654.00, duly
made a certain bond, note, loan agreement, extension agreement, consolidation agreement, or
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recasting agreement, as the case may be, wherein and whereby they bound themselves, their
heirs, executors, administrators and assigns, and each and every one of them, jointly and
severally, in the amount of said sum of money, all as more fully appears together with the terms
of repayment of said sum or rights of the plaintiff in said bond, note or other instrument. A copy
of said instrument, or an affidavit regarding same, is attached hereto and made a part hereof.
FIFTH: That as security for the payment of said indebtedness, a mortgage was
executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or
mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its
successors and assigns, the premises more particularly described therein (hereinafter called
"mortgaged premises"), under certain conditions with rights, duties and privileges between or
among them as more fully appears in said mortgage, a copy of which is attached hereto and made
a part hereof.
SIXTH: That the said mortgage was duly recorded (and the mortgage tax due thereon
was duly paid) in the proper County Clerk's Office at the place and time which appears thereon.
SEVENTH: That the defendant(s), so named, have failed and neglected to comply with
the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s)
secured by said mortgage by omitting and failing to pay items of principal and interest or taxes,
assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully
appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount
secured by the mortgage described in paragraph FIFTH hereof. The default has continued
beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has
elected and hereby elects to declare immediately due and payable the entire unpaid balance of
principal.
EIGHTH: That Schedule C sets forth the principal balance due and the date (and rate)
from which interest accrued and all other items and charges arising from said default which are
now due.
NINTH: That in order to protect its security, the Plaintiff has paid, if set forth in
Schedule C, or may be compelled to pay during the pendency of this action local, taxes,
assessments, water rates, insurance premiums, inspections and other charges affecting the
mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes
(together with interest thereon), should be added to the sum otherwise due and be deemed
secured by the said mortgage and be adjudged a valid lien on the mortgaged premises.
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TENTH: That each of the above-named defendants has, or claims to have, some interest
in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage.
ELEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of
the said bond/note/loan agreement and mortgage securing the same and there are no pending
proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of
Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof.
TWELFTH: That Schedules, Exhibits and other items attached to this Complaint are
expressly incorporated and made a part of the Complaint for all purposes with the same force and
effect as if they were completely and fully set forth herein wherever reference has been made to
each or any of them.
THIRTEENTH: That by reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or
consolidation agreement the amount set forth in Schedule C.
FOURTEENTH: That if the security for the indebtedness consists of more than one
parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the
parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the
mortgage so states, the mortgaged premises may be sold in one parcel.
FIFTEENTH: The plaintiff shall not be deemed to have waived, altered, released or
changed the election hereinbefore made by reason of the payment or performance, after the date
of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the note and mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
SIXTEENTH: Pursuant to the Fair Debt Collection Practices Act, this action may be
deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as
a result of this action will be used for that purpose.
SEVENTEENTH: At the time this proceeding is commenced, the plaintiff is the owner
and holder of the subject mortgage and note, or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note.
EIGHTEENTH: If applicable, Plaintiff has complied with all of the provisions of
section five hundred ninety-five-a of the banking law and any rules and regulations promulgated
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thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and
section thirteen hundred four of the real property actions and proceedings law, and HAMP
Supplemental Directive 10-02.
NINETEENTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§
1304 and 1306.
TWENTIETH: That there is no other action pending regarding this claim.
AS AND FOR ITS SECOND CAUSE OF ACTION
TWENTY-FIRST: Plaintiff repeats and realleges with the same force and effect as if
fully set forth at length herein the allegations stated and contained in the FIRST CAUSE OF
ACTION marked and numbered FIRST through TWENTIETH, inclusive.
TWENTY-SECOND: By mutual mistake of plaintiff and defendants, the legal
description of the mortgage document recorded on March 15, 2016 in Instrument No.: R-2016-
002215 must be reformed as it contains minor scrivener errors.
TWENTY-THIRD: Plaintiff has no adequate remedy at law unless said legal
description be reformed so that the paragraph of the description hereinafter set forth read as
follows:
PARCEL ONE:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hastings, County of
Oswego and State of New York being a part of Great Lot No. 17 in the 13th Township of
Scriba's Patent bounded and described as follows:
Beginning at a point in the center of the Mallory - Parish Road, so called, which said point is the
Southeast corner of premises described in a deed from Oakley K. Clement to Jack E. Springer, et
al dated July 23, 1958 and recorded in the Oswego County Clerk's Office July 24, 1958 in Book
612 of Deeds at Page 145; running thence at right angles with the highway 200 feet; thence
Northerly on a line parallel with the center of said highway 200 feet; thence easterly on a line
parallel with the first described course 200 feet to the center of said highway; thence Southerly
along the center of said highway 200 feet to the place of beginning.
PARCEL TWO:
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hastings, County of
Oswego and State of New York, being part of Great Lot 17, 13th Township of Scriba's Patent
and more particularly bounded and described as follows: Beginning at a point on the centerline
of Baum Road, said point being northeasterly 1998.14 feet measured along the centerline of
Baum Road from its intersection with the centerline of Wagner Road; thence N 68° 45' 30” W,
600.00 feet; thence N 21° 14' 30” E, 240.00 feet to a point; thence S 68° 45' 30” E, 400.00 feet to
a point; thence S 21° 14' 30” W, 200.00 feet to a point; thence S 68° 45' 30” E, 200.00 feet to a
point on the centerline of Baum Road; thence S 21° 14' 30” W, 40.00 feet along the centerline of
Baum Road to the point of beginning.
The above parcels are more modernly described as follows:
All that tract or parcel of land situate in the Town of Hastings, County of Oswego and State of
New York, being part of Great Lot 17, 13th Township of Scriba's Patent and being more
particularly bounded and described as follows:
Beginning at a point in the centerline of Baum Road, said point being northeasterly a distance of
1998.14 feet from its intersection with the centerline of Wagner Road as measured along said
centerline of Baum Road;
Thence N. 68°-45'-30” W., a distance of 600.0 feet to a point;
Thence N. 21°-14'-30” E., a distance of 240.0 feet a point;
Thence S. 68°-45'-30” E., a distance of 600.0 feet to point in the centerline of Baum Road;
Thence S. 21°-14'-30” W., along said centerline of Baum Road, a distance of 240.0 feet to the
point of beginning.
WHEREFORE, plaintiff demands judgment:
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1. Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs
and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage;
and
2. That the defendant(s) and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of
redemption in and to said mortgaged premises;
3. That the said mortgaged premises, or such part thereof as may be necessary to raise
the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold
according to law;
4. That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts due on said bond/note/loan agreement and mortgage and any sum which may have been
paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest
upon said amounts from the dates of the respective payments and advances thereof, the costs and
expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided
for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly
applicable thereto will pay the same;
5. The premises are being sold subject to:
(a) All common charges, if any, which are at the time a lien on the premises,
together with such interest or penalties as may have lawfully accrued thereon to the date of
payment;
(b) Covenants, restrictions and easements of record and zoning regulations and
ordinances of the City, Town and Village in which said premises lie;
(c) Rights of the public and others in and to any part of the mortgaged premises
that lies within the bounds of any street, alley or highway;
(d) Any state of facts that an accurate survey, currently dated, might disclose;
(e) Any state of facts an inspection would disclose, it being understood that the
property is sold in an "as is" and "where is" condition;
(f) Any and all tenancies, possessory interests and/or leases affecting said
premises which are not extinguished by this foreclosure action;
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(g) The right of redemption of the United States of America, if any;
6. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient
to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be
required to specify the amount of such deficiency in his report of sale so that plaintiff may
thereafter be able to make application to this Court, pursuant to Section 1371 of the Real
Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in
paragraph FOURTH of this Complaint for any deficiency which may remain after applying all of
such moneys so applicable thereto, except that this shall not apply to any defendant who has
been discharged in bankruptcy from the subject debt;
7. That either or any of the parties to this action may become a purchaser upon such
sale;
8. That this Court, if requested, forthwith appoint a Receiver of the rents and profits
of said premises with the usual powers and duties;
9. That the plaintiff may have such other or further relief, or both, as may be just and
equitable.
10. Upon its Second Cause of Action: to reform the description made a part of the
mortgage document recorded on March 15, 2016 in Instrument No.: R-2016-002215 to contain
the language set forth in the paragraph TWENTY-THIRD herein.
Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein;
DATED: October 23, 2023
Rochester, New York
BY: ____________________________________
Molly L. Chapman, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
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VERIFICATION
(Complaint)
1 affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at
400 Meridian Centre Blvd., Suite 200 Rochester, NY 14618, in the within action; that I have read
the foregoing Summons and Complaint and know the contents thereof; that the same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief,
and that as to those matters I believe them to be true. That the grounds of my belief as to all matters
in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan
agreement, mortgage and/or financial statements, together with correspondence. I further state
that the reason this verification is made by Affirmant and not an officer of Plaintiff's corporation
is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county
where I have my office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury. Al
Molly L. Chapman, Esq. {
Sworn to before me this 23
day of Oly
( exoae 120. (NC mer
otary Public 7 V
“ CASSANDRA L. STOCKS
NOTARY PUBLIC, State of New York
Registration No. 01ST6291157 on
Qualified in Monroe County
Cammission Expires October 15, 20
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Schedule A-Defendants
REBECCA A. BALCOM Record owner and original mortgagor of
311 Baum Road premises being foreclosed herein by virtue of
Hastings, NY 13076 a deed recorded on March 15, 2016 in the
Oswego County Clerk’s Office in Instrument
No.: R-2016-002214 and the party liable for
payment of the note and mortgage herein.
“JOHN DOE” and “MARY DOE” Said names being fictitious, it being the
311 Baum Road intention of plaintiff to designate any and all
Hastings, NY 13076 occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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Schedule B-Defendants
None
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Schedule C
1. Original Loan Amount .............................................................................$136,654.00
2. Mortgage Origination Date ................................................................ March 15, 2016
3. Principal Balance Owing .........................................................................$114,898.01
4. Default Date ........................................................................................... April 1, 2023
5. Monthly Payment Amount (Principal and Interest) ........................................$642.60
6. Interest Rate..................................................................................................... 3.875%
7. Interest from ......................................................................................... March 1, 2023
8. Late Charges to Date .......................................................................................$282.70
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MIN:
NOTE
March 15, 2016 OSWEGO, New York
[Date] [City] [State]
311 Baum Rd, Hastings, NY 13076
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $136,654.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is Homestead Funding Corp., a Corporation.
I will make all payments under this Note in the forrn of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
Holder."
is entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a
yearly rate of 3.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on May 1, 2016.
1will 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. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest and any other items in the order described in the Security Instrument before Principal. If, on
April 1, 2046, I still owe amounts under this Note, I will pay those amounts in full on that date, which is
Date."
called the "Maturity
I will make my monthly payments at 8 Airline Drive
Albany, NY 1220S
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
.My monthly payment will be in the amount of U.S. $642.60.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
"Prepayment."
as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate
a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
reduce the Principal amount of the Note. If I make a partial Prepayrnent, there will be no changes in the due date or in
the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with thisloan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. 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.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 %
of my overdue 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 monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and
all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed
to roe or delivered by other means.
NEW YORK FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3233 1/01
Modified for FHA Initials:
Ellie Mae, Inc. Page 1 of 2 FHA3200NYNT 0815
FHA3200NOT (CLS)
03/10/2016 08:11 AM PST
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. LOAN#:
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder do'es 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
If 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 by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
attomeys'
law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless law requires
applicable a different method, any notice that must be given to me under this Note will be given
by delivering 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 delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of
that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person whosuretyis a guarantor, or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations
of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAlVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment* Dishonor"
means the right to require the Note Holder to demand payment of amounts due. "Notice of
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of 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 immedi-
ate payment in full of all amounts I owe under
of those conditionsthis Note.
are describedSome as follows:
Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any
part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission.
Jf Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's
prior written
permission, Lender also may require immediate payment in full. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender requires
Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO ___________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ REBECCA A. BALCOM; SUMMONS and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons Mortgaged Premises: or corporations, if any, having or claiming an interest in 311 Baum Road or lien upon the premises being foreclosed herein.) Hastings, (Town of Hastings) NY 13076 Defendants. ___________________________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is for the foreclosure of: Mortgage bearing the date of March 15, 2016, executed by Rebecca A. Balcom, unmarried woman to Mortgage Electronic Registration Systems, Inc. MERS acting solely as a nominee for Homestead Funding Corp. to secure the sum of $136,654.00, and interest, and recorded in the Office of the Clerk of Oswego County on March 15, 2016 in Instrument No.: R-2016-002215. That Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Homestead Funding Corp. duly assigned said Note and Mortgage to Lakeview Loan Servicing, LLC by Assignment dated January 16, 2020 and recorded on February 14, 2020 in the Office of the Clerk of Oswego County in Instrument No.: R-2020-001322. That Lakeview Loan Servicing, LLC by M&T Bank as its Attorney-in-Fact duly assigned said Note and Mortgage to MidFirst Bank, a Federally Chartered Savings Bank by Assignment dated 1 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 December 10, 2022 and recorded on December 12, 2022 in the Office of the Clerk of Oswego County in Instrument No.: R-2022-013353. The relief sought in the within action is a final judgment directing the sale of the Mortgaged Premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Oswego County as the place of trial. The basis of venue is the County in which the Mortgaged Premises is situated. Section: 226.00 Block: 04 Lot: 10.2 2 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 DATED: October 23, 2023 Rochester, New York NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the Mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your Mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. BY: ____________________________________ Molly L. Chapman, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO _____________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ REBECCA A. BALCOM; and “JOHN DOE” and “MARY DOE,” VERIFIED COMPLAINT (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in Mortgaged Premises: or lien upon the premises being foreclosed herein.) 311 Baum Road Hastings, (Town of Hastings) NY Defendants. 13076 _____________________________________________________ The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: AS AND FOR ITS FIRST CAUSE OF ACTION FIRST: Plaintiff, with an office at 999 NW Grand Blvd., Oklahoma City, OK 73118, is authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant statutes and, as such, has standing and capacity to bring this action in the courts of the State of New York. SECOND: Upon information and belief, that at all times hereinafter mentioned, the defendant(s) set forth in Schedule A reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. THIRD: That the United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local government (however designated), if made parties to this action and if appearing in Schedule B, are made parties solely by reason of the facts set forth in said schedule, and for no other reason. FOURTH: That heretofore, the defendant(s), Rebecca A. Balcom, for the purpose of securing to plaintiff or its assignor, its successors and assigns, the sum of $136,654.00, duly made a certain bond, note, loan agreement, extension agreement, consolidation agreement, or 4 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 recasting agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or other instrument. A copy of said instrument, or an affidavit regarding same, is attached hereto and made a part hereof. FIFTH: That as security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter called "mortgaged premises"), under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. SIXTH: That the said mortgage was duly recorded (and the mortgage tax due thereon was duly paid) in the proper County Clerk's Office at the place and time which appears thereon. SEVENTH: That the defendant(s), so named, have failed and neglected to comply with the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s) secured by said mortgage by omitting and failing to pay items of principal and interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount secured by the mortgage described in paragraph FIFTH hereof. The default has continued beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal. EIGHTH: That Schedule C sets forth the principal balance due and the date (and rate) from which interest accrued and all other items and charges arising from said default which are now due. NINTH: That in order to protect its security, the Plaintiff has paid, if set forth in Schedule C, or may be compelled to pay during the pendency of this action local, taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises. 5 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 TENTH: That each of the above-named defendants has, or claims to have, some interest in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage. ELEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of the said bond/note/loan agreement and mortgage securing the same and there are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof. TWELFTH: That Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of the Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. THIRTEENTH: That by reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or consolidation agreement the amount set forth in Schedule C. FOURTEENTH: That if the security for the indebtedness consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the mortgage so states, the mortgaged premises may be sold in one parcel. FIFTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the note and mortgage and occurring prior to the discontinuance of this action are fully paid and cured. SIXTEENTH: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as a result of this action will be used for that purpose. SEVENTEENTH: At the time this proceeding is commenced, the plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. EIGHTEENTH: If applicable, Plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated 6 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and section thirteen hundred four of the real property actions and proceedings law, and HAMP Supplemental Directive 10-02. NINETEENTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§ 1304 and 1306. TWENTIETH: That there is no other action pending regarding this claim. AS AND FOR ITS SECOND CAUSE OF ACTION TWENTY-FIRST: Plaintiff repeats and realleges with the same force and effect as if fully set forth at length herein the allegations stated and contained in the FIRST CAUSE OF ACTION marked and numbered FIRST through TWENTIETH, inclusive. TWENTY-SECOND: By mutual mistake of plaintiff and defendants, the legal description of the mortgage document recorded on March 15, 2016 in Instrument No.: R-2016- 002215 must be reformed as it contains minor scrivener errors. TWENTY-THIRD: Plaintiff has no adequate remedy at law unless said legal description be reformed so that the paragraph of the description hereinafter set forth read as follows: PARCEL ONE: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hastings, County of Oswego and State of New York being a part of Great Lot No. 17 in the 13th Township of Scriba's Patent bounded and described as follows: Beginning at a point in the center of the Mallory - Parish Road, so called, which said point is the Southeast corner of premises described in a deed from Oakley K. Clement to Jack E. Springer, et al dated July 23, 1958 and recorded in the Oswego County Clerk's Office July 24, 1958 in Book 612 of Deeds at Page 145; running thence at right angles with the highway 200 feet; thence Northerly on a line parallel with the center of said highway 200 feet; thence easterly on a line parallel with the first described course 200 feet to the center of said highway; thence Southerly along the center of said highway 200 feet to the place of beginning. PARCEL TWO: 7 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hastings, County of Oswego and State of New York, being part of Great Lot 17, 13th Township of Scriba's Patent and more particularly bounded and described as follows: Beginning at a point on the centerline of Baum Road, said point being northeasterly 1998.14 feet measured along the centerline of Baum Road from its intersection with the centerline of Wagner Road; thence N 68° 45' 30” W, 600.00 feet; thence N 21° 14' 30” E, 240.00 feet to a point; thence S 68° 45' 30” E, 400.00 feet to a point; thence S 21° 14' 30” W, 200.00 feet to a point; thence S 68° 45' 30” E, 200.00 feet to a point on the centerline of Baum Road; thence S 21° 14' 30” W, 40.00 feet along the centerline of Baum Road to the point of beginning. The above parcels are more modernly described as follows: All that tract or parcel of land situate in the Town of Hastings, County of Oswego and State of New York, being part of Great Lot 17, 13th Township of Scriba's Patent and being more particularly bounded and described as follows: Beginning at a point in the centerline of Baum Road, said point being northeasterly a distance of 1998.14 feet from its intersection with the centerline of Wagner Road as measured along said centerline of Baum Road; Thence N. 68°-45'-30” W., a distance of 600.0 feet to a point; Thence N. 21°-14'-30” E., a distance of 240.0 feet a point; Thence S. 68°-45'-30” E., a distance of 600.0 feet to point in the centerline of Baum Road; Thence S. 21°-14'-30” W., along said centerline of Baum Road, a distance of 240.0 feet to the point of beginning. WHEREFORE, plaintiff demands judgment: 8 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 1. Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage; and 2. That the defendant(s) and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; 3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; 4. That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts due on said bond/note/loan agreement and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly applicable thereto will pay the same; 5. The premises are being sold subject to: (a) All common charges, if any, which are at the time a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment; (b) Covenants, restrictions and easements of record and zoning regulations and ordinances of the City, Town and Village in which said premises lie; (c) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley or highway; (d) Any state of facts that an accurate survey, currently dated, might disclose; (e) Any state of facts an inspection would disclose, it being understood that the property is sold in an "as is" and "where is" condition; (f) Any and all tenancies, possessory interests and/or leases affecting said premises which are not extinguished by this foreclosure action; 9 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 (g) The right of redemption of the United States of America, if any; 6. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be required to specify the amount of such deficiency in his report of sale so that plaintiff may thereafter be able to make application to this Court, pursuant to Section 1371 of the Real Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in paragraph FOURTH of this Complaint for any deficiency which may remain after applying all of such moneys so applicable thereto, except that this shall not apply to any defendant who has been discharged in bankruptcy from the subject debt; 7. That either or any of the parties to this action may become a purchaser upon such sale; 8. That this Court, if requested, forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; 9. That the plaintiff may have such other or further relief, or both, as may be just and equitable. 10. Upon its Second Cause of Action: to reform the description made a part of the mortgage document recorded on March 15, 2016 in Instrument No.: R-2016-002215 to contain the language set forth in the paragraph TWENTY-THIRD herein. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein; DATED: October 23, 2023 Rochester, New York BY: ____________________________________ Molly L. Chapman, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 10 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 VERIFICATION (Complaint) 1 affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at 400 Meridian Centre Blvd., Suite 200 Rochester, NY 14618, in the within action; that I have read the foregoing Summons and Complaint and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe them to be true. That the grounds of my belief as to all matters in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan agreement, mortgage and/or financial statements, together with correspondence. I further state that the reason this verification is made by Affirmant and not an officer of Plaintiff's corporation is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county where I have my office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Al Molly L. Chapman, Esq. { Sworn to before me this 23 day of Oly ( exoae 120. (NC mer otary Public 7 V “ CASSANDRA L. STOCKS NOTARY PUBLIC, State of New York Registration No. 01ST6291157 on Qualified in Monroe County Cammission Expires October 15, 20 11 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 Schedule A-Defendants REBECCA A. BALCOM Record owner and original mortgagor of 311 Baum Road premises being foreclosed herein by virtue of Hastings, NY 13076 a deed recorded on March 15, 2016 in the Oswego County Clerk’s Office in Instrument No.: R-2016-002214 and the party liable for payment of the note and mortgage herein. “JOHN DOE” and “MARY DOE” Said names being fictitious, it being the 311 Baum Road intention of plaintiff to designate any and all Hastings, NY 13076 occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 12 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 Schedule B-Defendants None 13 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 Schedule C 1. Original Loan Amount .............................................................................$136,654.00 2. Mortgage Origination Date ................................................................ March 15, 2016 3. Principal Balance Owing .........................................................................$114,898.01 4. Default Date ........................................................................................... April 1, 2023 5. Monthly Payment Amount (Principal and Interest) ........................................$642.60 6. Interest Rate..................................................................................................... 3.875% 7. Interest from ......................................................................................... March 1, 2023 8. Late Charges to Date .......................................................................................$282.70 14 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 MIN: NOTE March 15, 2016 OSWEGO, New York [Date] [City] [State] 311 Baum Rd, Hastings, NY 13076 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $136,654.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Homestead Funding Corp., a Corporation. I will make all payments under this Note in the forrn of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Holder." is entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 3.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on May 1, 2016. 1will 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. Each monthly payment will be applied as of its scheduled due date and will be applied to interest and any other items in the order described in the Security Instrument before Principal. If, on April 1, 2046, I still owe amounts under this Note, I will pay those amounts in full on that date, which is Date." called the "Maturity I will make my monthly payments at 8 Airline Drive Albany, NY 1220S or at a different place if required by the Note Holder. (B) Amount of Monthly Payments .My monthly payment will be in the amount of U.S. $642.60. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known "Prepayment." as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayrnent, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with thisloan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue 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 monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to roe or delivered by other means. NEW YORK FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3233 1/01 Modified for FHA Initials: Ellie Mae, Inc. Page 1 of 2 FHA3200NYNT 0815 FHA3200NOT (CLS) 03/10/2016 08:11 AM PST 15 of 34 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:58 AM INDEX NO. EFC-2023-1493 . NYSCEF . DOC. NO. 1 RECEIVED NYSCEF: 10/24/2023 . LOAN#: (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder do'es 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 If 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 by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable attomeys' law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless law requires applicable a different method, any notice that must be given to me under this Note will be given by delivering 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 delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person whosuretyis a guarantor, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAlVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment* Dishonor" means the right to require the Note Holder to demand payment of amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of 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 immedi- ate payment in full of all amounts I owe under of those conditionsthis Note. are describedSome as follows: Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. Jf Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires