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FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
M&T BANK, SUMMONS
.FORECLOSURE ACTION
Plaintiff,
Index No.:
6644
v.
MORTGAGED PREMISES:
TODD M. CRNKOVICH A/K/A TODD MATTHEW 6507 Gillette Road
CRNKOVICH, Byron, NY 14422
and JOHN DOE,
SBL #: 7.-1-60.112
Defendants.
TO THE ABOVE NAMED DEFENDANTS;
YOU ARE HEREBY SUMMONED to ãnswer the Complaint in the above action and serve
a copy of your Answer on the plaintiffs attorney within twenty (20) days after the service of this
Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other maññer 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 Complaiñt.
Geñesec County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises.
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NOTICE YOU AREINDANGER OFLOSING YOURHOME
If you do not respond to this enmmers 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 summens and protect your property.
Sending a payment to your mortgage campany 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.
DATED:
WOdDSOVIATT LLP
Arden L.Florian,Esq.
Attorneys for Plaintiff
Woods Oviatt Gilman LLP
700 CrossroadsBuilding.
2 State Street
Rochester, NY 14614
Tel.: (855)227-5072
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STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
M&T BANK, FORECLOSURE
COMPLAINT
Plaintiff,
Index No.:
MORTGAGED PREMISES:
TODD M. CRNKOVICH A/K/A TODD MATTHEW 6507 Gillette Road
CRNKOVICH, Byron, NY 14422
and JOHN DOE,
SBL #: 7.-1-60.112
Defendants.
Plaintiff alleges:
1. Plaintiff is a corporation duly organized and existing under the laws of the State of
New York.
2
2. Upon information and belief, the defendants reside at or have offices at the locations
"A."
set forth in Exhibit
A."
3. Defendants are made parties to this action in the capacities set forth in Exhibi
4. The Defeñdañt Todd M. Crnkovich a/lda Todd Matthew Crnkovich, ("P cipal
"B"
Defendant") executed a note or notes as more partieülewly described and set forth in Exhibit
"B"
annexed hereto and made a part hereof (the note or notes set forth in Exhibit are collectively
hereinafter referred to as the "Note").
5. 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
"C"
subject mortgage and note. Attached hereto as Exhibit is a copy of the original Note.
6. There is due and owing on the Note, as modified, a principal balance of $108,931.21
good through March 1, 2018, together with: accrued interest from August 1, 2017 at a rate of
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3.250% charges for advances permitted and secured by the Mortgage and late charges incurred prior
to acceleration, less credits, if any, for funds held in escrow or payments held in suspense (the
"Indebtedness"). In addition, Plaintiff is due the sums advanced for costs, allowances and
reasonable attorney's fees if permitted by the terms of the mortgage.
7. Pursuant to the terms of the Note, as modified, the Principal Defendant promised to
pay the Indebtedness to the plaintiff in monthly instalhnents of priñcipal and interest.
8. The Note, as modified, is in default due to the Principal Defendant's failure to repay
the Indebtedness in accordance with the terms of the Note, as modified. The Principal Defendant
failed to pay the September 1, 2017 paymêñt and subsequent installments due on the Note, as
modified.
9. As security for repayment of the Iñdebtedness, the Principal Defendant executed a
"B"
mortgage or mortgages, as more particularly described and set forth in Exhibit annexed hereto
and made a part hereof, recorded as a lien upon real property owned by them, described on the
"D" "B"
attached Exhibit (the mortgage or mortgages set forth in Exhibit are collectively hereiñãfter
referred to as the "Mortgage").
10. Upon information and belief, all applicable mortgage taxes were paid at the time of
recording the Mortgage.
"E"
11. Plaintiff is the current Mortgagee of record set forth in Exhibit annexed hereto.
12. The Principal Defendant executed a Loan Modification Agreement more
"B"
particularly described and set forth in Exhibit annexed hereto and made a part hereof.
13. Upon information and belief, all applicable mortgage tax on the modified
mortgage has been paid.
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14. Plaintiff issued a 90 day notice to the Principal Defendants in the prescribed form
pursuant to Real Property Actions and Proceedings Law §1304 on September 20, 2017.
15. Plaintiff has complied with the provisions of RPAPL §1306 and the loan at issue in
this action complied with the provisions of Banking Law §§ 595-a, 6-1 and 6-m, as applicable.
16. As a result of the Principal Defendant's default by failing to make his payments as
promised in the Note and Mortgage, the Plaintiff has previously elected and hereby elects to call due
the entire amount presently secured by the Mortgage, plus accrued interest, together with amounts
attorneys'
Plaintiff has paid or may pay for real property taxes, insurmice and/or fees as provided by
the Note and Mortgage.
17. During the of this action, the Plaintiff be compelled to local
pendency may pay
taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged
premises. In that event, the Plaintiff requests that such amounts with interest, should be added to the
sum secured by the Mortgage.
18. There are no other actions or pending proceedings at law to collect or enforce the
note and mortgage.
19. All Defendants in this action claim to have some interest in or lien upon the real
Defendants'
property covered by the Mortgage. All of the interests are subordinate to the Plaintiffs
interest.
20. All agencies or instrumentalities of Federal, State and local government (by
whatever name designated) that are named as Defendants in this action, are made parties solely by
reason of the material set forth in Exhibit "A", and for no other reason.
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WHEREFORE, Plaintiff demands judgment;
(a) determining the amount due for principal, interest, taxes, insurance, costs,
attorneys'
reasonable fees and other charges;
(b) declaring that the Defeñdants and all persons claiming an interest in the
property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of
redemption in the mortgaged premises and fixtures;
(c) declaring that the mortgaged premises and fixtures be sold according to law;
(d) awarding the sale proceeds to the Plaintiff to the extent determined under (a)
above;
(e) declaring that any of the parties to this action may becorne a purchaser upon
such sale;
(f) appointing a Receiver of the rents and profits of the mortgaged premises;
(g) adjüdging the Defendant, Todd M. Crnkovich a/k/a Todd Matthew
Crnkovich, to be liable to plaintiff for any deficiency of the indebtedness that may remain after
applying the proceeds of the real property, fixtures, and granting plaintiff a money judgment for that
amount, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371
of the Real Property Actions and Proceedings Law within the time limited therein;
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(h) granting the plaintiff such additional relief as is proper.
Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the
Mortgage.
WWS OVIATT GI LLP
Arden L. Florian, Esq.
Attorneys for Plaintiff
Woods Oviatt Gilman LLP
700 Crossroads Building.
2 State Street
Rochester, NY 14614
Tel.: (855)227-5072
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EXHIBIT A
Defendant
Todd M. Crnkovich a/k/a Todd Matthew Obligor and Mortgagor by virtue of a Note
Crnkovich and Mortgage.
6507 Gillette Road
Byron, NY 14422
John Doe A fictitious name intending to represent
6507 Gillette Road tenants and/or occupants of the mortgaged
Byron, NY 14422 premises.
.
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EXHIBIT B
Note(s):
Note from Todd M. Crnkovich a/k/a Todd Matthew Crnkovich, dated March 27, 2013, in the
original Principal amount of $116,844.00, plus interest ("Note").
Mortgage(s):
Mortgage from Todd M. Crnkovich a/k/a Todd Matthew Crnkovich, dated March 27, 2013, in the
original Principal amount of $116,844.00, and recorded in the Genesee County Clerk's Office on
March 27, 2013 in Book 1659 of Mortgages at page 453 ("Mortgage").
Said Mortgage was assigned by an Assignment of Mortgage executed on April 5, 2017 and
recorded in the Office of the Clerk of the County of Genesee on May 19, 2017 in Instrument No.
MTG2017-716.
Consolidation(s) and/or Modification(s) (if aoulicable):
Said mortgage was modified by a Loan Modification Agreement executed by Todd M. Crnkovich
a/k/a Todd Matthew Crnkovich and recorded in the Office of the Clerk of the County of Genesee on
May 19, 2017 in Instrument No. MTG2017-717. Said Modification Agreement increases the
principal balance of the debt to $109,655.15. The capitalized amount is $4,463.59.
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EXHIBIT C
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NOTE
Multistate
March 27, 2013
[Date]
6507 Gillette Road
Byron, NY 14422
[Property Address]
1. PARTIES
"Borrower" "Lender"
. means each person signing at the end of this Note, and the person's successors and assigns. means
M&T Bank
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEhEST
In return for a loan received from Lender, BorrGwer pWnices to pay the principal sum of One.Hundred Sixteen
Thousand Eight Hundred Forty-Four And Zero/100
Dollars (U.S. $116, 844.00 ), plus interest, to the order of Lender. Interest will be charged on
unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Three and one quarter
percent ( 3.250 %) per year until the full amount of principal has been paid.
3. PROM1SE TO PAY SECURED
promise to pay is secured by a mñrtgage, deed of trust or similar security instrument that is dated the same
Bevrever's
h‡t-cmcht."
date as this Note and called the "Security The Security Irstriamcñt protects the Lender.from losses which might
result if Borrower defaults under this Note. .
'
4. MANNER CF PAYMENT
(A) Time . . .
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
May 01, 2013 . Any principal and interest remaining on the first day of April, 2043 , willbedueonthat
Date."
date, which is called the "Me.::ity
(B) Place
Payment shall be made at PO Box 62182, Baltimore, MD 21264
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly paymcat of principal and interest will be in the amount of U.S. $ sos.st . This amount
will be part of a larger monthly payment required by the Security Iratramcat, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allongeto this Note for payment adjustments
If an allonge providing for payment adju±T.e± is executed by Borrower together with this Note, the covcr.ants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box] .
... . . . .. ._ . . . .
. Craduated P ment Allonge Growing Equity Allonge Other [specify]
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and nt: contained in this Note.
-rY( , (fl A ___(Seal) (Seal)
Todd M Crnkovich +Borrower . -Barrawsr
. .
. . · (Seal)
(Seal)
-Borrower -Borrower
[Sign Original Only]
-""'^-^'
Refer to the attached Signature Addèndum for parties and dip±r=.
.. .
PAY TO THE ORDER OF
WITHOUT RECOURSE, M&T BANT
SIGNED:
NAME: ERIN L DOERFl.ER
TITLE: VICE PRESIDENT
. .. . . . . .
!
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5. BORROWER'S RIGHT TO PREl¾Y
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepaymént on other days provided that Borrawer pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by re;±dcñ3 of the Secretary. If Borrower makes a
partial prcpayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
. .
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
has not received the full monthly payment required by the Security Istnsst,
If Lender as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of rour
percent ( 4 . 000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by resdancra .
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remainiñg due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued py the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not pciralital by HUD regulations. As used
"Secretary"
in this Note, means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expmses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
attorneys'
evpemes iñcladiñg reasonable and customarf fees for enforcing this Note to the extent not prehibitäi by applicable
law. Such fees and costs shall bear interest from the date of disburscmcat at the same rate as the principal of this Note.
7. WAlVERS
Borrower and any other.person who has abligations under this Note waive the rights of presentment and notice of
"Prescñtmcñt" distencr"
dishonor: means the right to require Lender to demand payment of amounts due. "Notice of means the
right to require Lender to give notice to other persons that amounts due have not been paid.
'
8. GIVING OF NOTICES
law requires a different method, any notice that must be given to Borrowct under this Note will be given
Unless applicable
by delivering it or by mailing it by first class mail toEerrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's! different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in .
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBUGATIONS OF PERSCNS UNDER 'lHIS 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, iñcinding the promise to pay the full amount owed. Any person who is a guarantor, surety or ondorscr of this Note is
also ob'igated to do these things. Any person who takes over these obligaticñs, including the obligation.s of a guarañtor, surety
or endorser of this Note, is also obligated to keep all of the promiscs made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
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EXHIBIT D
Property Address:
6507 Gillette Road
Byron, NY 14422
Tax I.D. No. 7.-1-60.112
ALL that tract or parcel of land, situate in the Town of Byron, County of Genesee and State of New
York and being part of Lot 55, bounded and described as follows:
BEGINNING at a P.K. nail on the centerline of Gillett Road, said nail being approxilliately 2658
feet Westerly from the intersection of the centerline of Gillett Road with the centerline of Ivison
Road, said nail also marking the southwest corner of Lot 55, THENCE
(1) North 09 degrees 30 minutes 00 seconds East and along an old fence and hedge marking the
west line of Lot 55, said west line of Lot 55 also being the division line between lands
Preview
FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE M&T BANK, SUMMONS .FORECLOSURE ACTION Plaintiff, Index No.: 6644 v. MORTGAGED PREMISES: TODD M. CRNKOVICH A/K/A TODD MATTHEW 6507 Gillette Road CRNKOVICH, Byron, NY 14422 and JOHN DOE, SBL #: 7.-1-60.112 Defendants. TO THE ABOVE NAMED DEFENDANTS; YOU ARE HEREBY SUMMONED to ãnswer the Complaint in the above action and serve a copy of your Answer on the plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other maññer 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 Complaiñt. Geñesec County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. {S864220:3 }«Field78» 1 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 NOTICE YOU AREINDANGER OFLOSING YOURHOME If you do not respond to this enmmers 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 summens and protect your property. Sending a payment to your mortgage campany 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. DATED: WOdDSOVIATT LLP Arden L.Florian,Esq. Attorneys for Plaintiff Woods Oviatt Gilman LLP 700 CrossroadsBuilding. 2 State Street Rochester, NY 14614 Tel.: (855)227-5072 {5864220:3 }«Field78» 2 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE M&T BANK, FORECLOSURE COMPLAINT Plaintiff, Index No.: MORTGAGED PREMISES: TODD M. CRNKOVICH A/K/A TODD MATTHEW 6507 Gillette Road CRNKOVICH, Byron, NY 14422 and JOHN DOE, SBL #: 7.-1-60.112 Defendants. Plaintiff alleges: 1. Plaintiff is a corporation duly organized and existing under the laws of the State of New York. 2 2. Upon information and belief, the defendants reside at or have offices at the locations "A." set forth in Exhibit A." 3. Defendants are made parties to this action in the capacities set forth in Exhibi 4. The Defeñdañt Todd M. Crnkovich a/lda Todd Matthew Crnkovich, ("P cipal "B" Defendant") executed a note or notes as more partieülewly described and set forth in Exhibit "B" annexed hereto and made a part hereof (the note or notes set forth in Exhibit are collectively hereinafter referred to as the "Note"). 5. 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 "C" subject mortgage and note. Attached hereto as Exhibit is a copy of the original Note. 6. There is due and owing on the Note, as modified, a principal balance of $108,931.21 good through March 1, 2018, together with: accrued interest from August 1, 2017 at a rate of {5864220:3 }«Field78» 3 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 3.250% charges for advances permitted and secured by the Mortgage and late charges incurred prior to acceleration, less credits, if any, for funds held in escrow or payments held in suspense (the "Indebtedness"). In addition, Plaintiff is due the sums advanced for costs, allowances and reasonable attorney's fees if permitted by the terms of the mortgage. 7. Pursuant to the terms of the Note, as modified, the Principal Defendant promised to pay the Indebtedness to the plaintiff in monthly instalhnents of priñcipal and interest. 8. The Note, as modified, is in default due to the Principal Defendant's failure to repay the Indebtedness in accordance with the terms of the Note, as modified. The Principal Defendant failed to pay the September 1, 2017 paymêñt and subsequent installments due on the Note, as modified. 9. As security for repayment of the Iñdebtedness, the Principal Defendant executed a "B" mortgage or mortgages, as more particularly described and set forth in Exhibit annexed hereto and made a part hereof, recorded as a lien upon real property owned by them, described on the "D" "B" attached Exhibit (the mortgage or mortgages set forth in Exhibit are collectively hereiñãfter referred to as the "Mortgage"). 10. Upon information and belief, all applicable mortgage taxes were paid at the time of recording the Mortgage. "E" 11. Plaintiff is the current Mortgagee of record set forth in Exhibit annexed hereto. 12. The Principal Defendant executed a Loan Modification Agreement more "B" particularly described and set forth in Exhibit annexed hereto and made a part hereof. 13. Upon information and belief, all applicable mortgage tax on the modified mortgage has been paid. {5864220:3 }«Field78» 4 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 14. Plaintiff issued a 90 day notice to the Principal Defendants in the prescribed form pursuant to Real Property Actions and Proceedings Law §1304 on September 20, 2017. 15. Plaintiff has complied with the provisions of RPAPL §1306 and the loan at issue in this action complied with the provisions of Banking Law §§ 595-a, 6-1 and 6-m, as applicable. 16. As a result of the Principal Defendant's default by failing to make his payments as promised in the Note and Mortgage, the Plaintiff has previously elected and hereby elects to call due the entire amount presently secured by the Mortgage, plus accrued interest, together with amounts attorneys' Plaintiff has paid or may pay for real property taxes, insurmice and/or fees as provided by the Note and Mortgage. 17. During the of this action, the Plaintiff be compelled to local pendency may pay taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged premises. In that event, the Plaintiff requests that such amounts with interest, should be added to the sum secured by the Mortgage. 18. There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. 19. All Defendants in this action claim to have some interest in or lien upon the real Defendants' property covered by the Mortgage. All of the interests are subordinate to the Plaintiffs interest. 20. All agencies or instrumentalities of Federal, State and local government (by whatever name designated) that are named as Defendants in this action, are made parties solely by reason of the material set forth in Exhibit "A", and for no other reason. {5864220:3 }«Field78» 5 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 WHEREFORE, Plaintiff demands judgment; (a) determining the amount due for principal, interest, taxes, insurance, costs, attorneys' reasonable fees and other charges; (b) declaring that the Defeñdants and all persons claiming an interest in the property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of redemption in the mortgaged premises and fixtures; (c) declaring that the mortgaged premises and fixtures be sold according to law; (d) awarding the sale proceeds to the Plaintiff to the extent determined under (a) above; (e) declaring that any of the parties to this action may becorne a purchaser upon such sale; (f) appointing a Receiver of the rents and profits of the mortgaged premises; (g) adjüdging the Defendant, Todd M. Crnkovich a/k/a Todd Matthew Crnkovich, to be liable to plaintiff for any deficiency of the indebtedness that may remain after applying the proceeds of the real property, fixtures, and granting plaintiff a money judgment for that amount, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceedings Law within the time limited therein; {5864220:3 }«Field78» 6 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 (h) granting the plaintiff such additional relief as is proper. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the Mortgage. WWS OVIATT GI LLP Arden L. Florian, Esq. Attorneys for Plaintiff Woods Oviatt Gilman LLP 700 Crossroads Building. 2 State Street Rochester, NY 14614 Tel.: (855)227-5072 {5864220:3 }«Field78» 7 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 EXHIBIT A Defendant Todd M. Crnkovich a/k/a Todd Matthew Obligor and Mortgagor by virtue of a Note Crnkovich and Mortgage. 6507 Gillette Road Byron, NY 14422 John Doe A fictitious name intending to represent 6507 Gillette Road tenants and/or occupants of the mortgaged Byron, NY 14422 premises. . {5864220:3 }«Field78» 8 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 EXHIBIT B Note(s): Note from Todd M. Crnkovich a/k/a Todd Matthew Crnkovich, dated March 27, 2013, in the original Principal amount of $116,844.00, plus interest ("Note"). Mortgage(s): Mortgage from Todd M. Crnkovich a/k/a Todd Matthew Crnkovich, dated March 27, 2013, in the original Principal amount of $116,844.00, and recorded in the Genesee County Clerk's Office on March 27, 2013 in Book 1659 of Mortgages at page 453 ("Mortgage"). Said Mortgage was assigned by an Assignment of Mortgage executed on April 5, 2017 and recorded in the Office of the Clerk of the County of Genesee on May 19, 2017 in Instrument No. MTG2017-716. Consolidation(s) and/or Modification(s) (if aoulicable): Said mortgage was modified by a Loan Modification Agreement executed by Todd M. Crnkovich a/k/a Todd Matthew Crnkovich and recorded in the Office of the Clerk of the County of Genesee on May 19, 2017 in Instrument No. MTG2017-717. Said Modification Agreement increases the principal balance of the debt to $109,655.15. The capitalized amount is $4,463.59. {5 864220:3 }«Field78» 9 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 EXHIBIT C {5864220:3 }«Field78» 10 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 (Page2 NYSCEF ofDOC. 4) NO. 4 RECEIVED NYSCEF: 07/08/2021 NOTE Multistate March 27, 2013 [Date] 6507 Gillette Road Byron, NY 14422 [Property Address] 1. PARTIES "Borrower" "Lender" . means each person signing at the end of this Note, and the person's successors and assigns. means M&T Bank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEhEST In return for a loan received from Lender, BorrGwer pWnices to pay the principal sum of One.Hundred Sixteen Thousand Eight Hundred Forty-Four And Zero/100 Dollars (U.S. $116, 844.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Three and one quarter percent ( 3.250 %) per year until the full amount of principal has been paid. 3. PROM1SE TO PAY SECURED promise to pay is secured by a mñrtgage, deed of trust or similar security instrument that is dated the same Bevrever's h‡t-cmcht." date as this Note and called the "Security The Security Irstriamcñt protects the Lender.from losses which might result if Borrower defaults under this Note. . ' 4. MANNER CF PAYMENT (A) Time . . . Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on May 01, 2013 . Any principal and interest remaining on the first day of April, 2043 , willbedueonthat Date." date, which is called the "Me.::ity (B) Place Payment shall be made at PO Box 62182, Baltimore, MD 21264 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly paymcat of principal and interest will be in the amount of U.S. $ sos.st . This amount will be part of a larger monthly payment required by the Security Iratramcat, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allongeto this Note for payment adjustments If an allonge providing for payment adju±T.e± is executed by Borrower together with this Note, the covcr.ants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] . ... . . . .. ._ . . . . . Craduated P ment Allonge Growing Equity Allonge Other [specify] 11 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 (Page 4 ofDOC. NYSCEF 4) NO. 4 RECEIVED NYSCEF: 07/08/2021 BY SIGNING BELOW, Borrower accepts and agrees to the terms and nt: contained in this Note. -rY( , (fl A ___(Seal) (Seal) Todd M Crnkovich +Borrower . -Barrawsr . . . . · (Seal) (Seal) -Borrower -Borrower [Sign Original Only] -""'^-^' Refer to the attached Signature Addèndum for parties and dip±r=. .. . PAY TO THE ORDER OF WITHOUT RECOURSE, M&T BANT SIGNED: NAME: ERIN L DOERFl.ER TITLE: VICE PRESIDENT . .. . . . . . ! 12 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 (Page 3 ofDOC. NYSCEF 4) NO. 4 RECEIVED NYSCEF: 07/08/2021 5. BORROWER'S RIGHT TO PREl¾Y Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepaymént on other days provided that Borrawer pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by re;±dcñ3 of the Secretary. If Borrower makes a partial prcpayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. . . 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments has not received the full monthly payment required by the Security Istnsst, If Lender as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of rour percent ( 4 . 000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by resdancra . of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remainiñg due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued py the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not pciralital by HUD regulations. As used "Secretary" in this Note, means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expmses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and attorneys' evpemes iñcladiñg reasonable and customarf fees for enforcing this Note to the extent not prehibitäi by applicable law. Such fees and costs shall bear interest from the date of disburscmcat at the same rate as the principal of this Note. 7. WAlVERS Borrower and any other.person who has abligations under this Note waive the rights of presentment and notice of "Prescñtmcñt" distencr" dishonor: means the right to require Lender to demand payment of amounts due. "Notice of means the right to require Lender to give notice to other persons that amounts due have not been paid. ' 8. GIVING OF NOTICES law requires a different method, any notice that must be given to Borrowct under this Note will be given Unless applicable by delivering it or by mailing it by first class mail toEerrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's! different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in . Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBUGATIONS OF PERSCNS UNDER 'lHIS 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, iñcinding the promise to pay the full amount owed. Any person who is a guarantor, surety or ondorscr of this Note is also ob'igated to do these things. Any person who takes over these obligaticñs, including the obligation.s of a guarañtor, surety or endorser of this Note, is also obligated to keep all of the promiscs made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. 13 of 39 FILED: GENESEE COUNTY CLERK 03/09/2018 01:13 PM INDEX NO. E66444 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 EXHIBIT D Property Address: 6507 Gillette Road Byron, NY 14422 Tax I.D. No. 7.-1-60.112 ALL that tract or parcel of land, situate in the Town of Byron, County of Genesee and State of New York and being part of Lot 55, bounded and described as follows: BEGINNING at a P.K. nail on the centerline of Gillett Road, said nail being approxilliately 2658 feet Westerly from the intersection of the centerline of Gillett Road with the centerline of Ivison Road, said nail also marking the southwest corner of Lot 55, THENCE (1) North 09 degrees 30 minutes 00 seconds East and along an old fence and hedge marking the west line of Lot 55, said west line of Lot 55 also being the division line between lands