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FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
HELP FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT
THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
SUMMONS AND COMPLAINT
YOU DANGER
ARE IN OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO
THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY
LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT
CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR
YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT
YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR
OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN
ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND
NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION
ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR
LENDER DURING THIS PROCESS.
TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL -FREE
HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES AT 1(800) 269-0990 OR VISIT THE DEPARTMENT'S
WEBSITE AT HTTP://WWW.DFS.NY.GOV.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE
FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME
UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A
JUDGMENT OF FORECLOSURE AND SALE.
REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU
ARE REQUIRED TO TAIΠCARE OF YOUR PROPERTY AND PAY
PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW.
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
FORECLOSURE RESCUE SCAMS
"SAVE"
BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO
YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF
FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A
HOMEOWNER'S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT
ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR
SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH
SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY
DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL
CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM
YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES.
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
. . . . . .. .. x
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 8 Ù
TRUSTEE OF STANWICH MORTGAGE LOAN Date Filed:
TRUST A
SUMMONS
Plaintiff(s),
-agamst- Plaintiff designates
CATTARAUGUS County as the
PAULINE WAGATHA place of trial
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff, MORTGAGED PROPERTY:
the persons or parties intended
being the tenants, 9846 MARX RD
occupants, personsor corporations, if any, having or LITTLE VALLEY, NY 14755
claiming an interest in or lien upon the premises,
described in the complaint, SBL#: 62.2 - 1 - 24.4
Defendants(s).
Venue is based upon gpunty in
which the premises ar'ésituated
. . . _. . . . .. , ... _ . . . . ... -- - - .. .. - - . - - - - - x
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and comp!si=t by serving a copy of the annver on
the attorneys 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 pcading 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.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the cornplaint is not served with this sununons, to serve a notice of
appearance on the Plaintiff's Attorney within 20 days after the service of this summons,
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exclusive of the day of service (or within 30 days after the service is completeifthis summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: May 2, 2018
Syosset, New York
Yours, etc.
PETER T. It A CI I ND ASSOCIATES, P.C.
BY: Job t ST1erer
Altorneys for Plaintiff
6901 Jericho Turnpike, Suite 240
Syosset, NY 11791-4420
(516) 938-3100
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
. . .. . - .x
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.:
TRUSTEE OF STANWICH MORTGAGE LOAN Date Filed: (/
'
TRUST A
COMPLAINT FOR
Plaintiff(s), FORECLOSURE OF A
MORTGAGE
-against-
PAULINE WAGATHA MORTGAGED PROPMUrY:
9846 MARX RD
#1" #12,"
"JOHN DOE through "J OHN DOE the last LITTLE VALLEY, NY 14755
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants, SBL#: 62.2 - 1 - 24.4
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendants(s).
·· -·-------- ·· ---------- -----------------x
Plaintiff(s) by its/their attorneys Peter T. Roach and Associates, P.C., hereby allege(s)
upon information and belief:
1. On or about September 6, 2011 defendant, Pauline Wagatha, borrowed the sum of
$40,082.66 from ONEMAIN FINANCIAL, INC., and executed and delivered a certain Note dated
September 06, 2011. A copy of the Note is annexed hereto as Exhibit A.
2. Said Note provided, among other things, that in the event of default by the maker of the
Note Pauline Wagatha, in the payment of any of the above described payments, the entire balance
hereunder shall be immediately due and payable.
3. In order to collaterally secure the aforesaid obligation, defendant, Pauline Wagatha, duly
executed, acknowledged and delivered to the plaintiff or plaintiff's assignor a mortgage, whereby said
defendant mortgaged the following real property with the appurtenances thereto, described in the
Mortgage as follows:
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
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Description"
See Schedule A - "Legal annexed hereto and made a part hereof. Said
premises being known as and by 9846 MARX RD, LITTLE VALLEY, NY 14755.
TOGETHER with all right, title and interest of the defendant in and to the land lying in the
streets and roads in front of and adjoining said premises.
4. Said mortgage provided for the following:
a) In case of foreclosure sale said premises or so much thereof as may be affected by this
mortgage, may be sold in one parcel.
b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in
default thereof, the mortgagee may pay the same.
c) That the whole of said principal sum and interest shall become due at the option of the
mortgagee after default in the payment of any installment of principal or of interest.
5. That the said mortgage was duly recorded in the Office of the CLERK of the County of
CATTARAUGUS on September 8, 2011 in Instrument Number 164569-001, and theNew York State
recording tax was duly paid thereon. A copy of the mortgage is annexed hereto as Exhibit B.
6. The subject mortgage was assigned by written agreement thereafter to CITIFINANCIAL
COMPANY D/B/A CITIFINANCIAL COMPANY (DE), A DELAWARE CORPORATION, by
assignment of mortgage dated January 8, 2015 and which was recorded in the Office of the CLERK
of the County of CATTARAUGUS in Instrument Number 230456-001 on January 23, 2015. Copy of
the Assignment is annexed hereto as Exhibit C.
7. The subject mortgage was assigned by written agreement thereafter to WILMINGTON
SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST
A, by assignment of mortgage dated October 20, 2017 and which was recorded in the Office of the
CLERK of the County of CATTARAUGUS in Instrument Number 285737-001 on November 1, 2017.
Plaintiff has standing to commence the within action by virtue of being the Transferee of the original
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
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Note, heretofore validly transferred and currently in its possession and is the current holder of both
the Note and the Mortgage it secures. Copy of the Assignment is annexed hereto as Exhibit C.
8. Defendant, Pauline Wagatha, is the owner of the equity of redemption herein foreclosed
by operation of law and is joined as a necessary party defendant to foreclose all of hers rights, title,
interest and equity of redemption in the mortgaged premises. Said Defendant Pauline Wagatha will be
liable for any deficiency judgrnent as may be directed by this Court, unless said Defendant has received
a discharge from the United States Bankruptcy Court, in which case Plaintiff shall not seek or be
entitled to a deficiency judgment.
9. Plaintiff verily believes that during the pendency of this action, in order to protect the
security of the within Mortgage, it may be compelled to make advances to prior mortgagees, if any,
for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance
premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the
fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest,
as provided for in the within Mortgage foreclosed and deemed further secured thereby.
10. Pauline Wagatha has defaulted under her Note for $40,082.66 owing to plaintiff by
failing to make the required payments when due. By virtue thereof, plaintiffherein elects to accelerate
the entire principal balance of S39,592.14 to be immediately and payable under the mortgage herein
foreclosed, plus interest, any advances made or to be made to protect plaintiff's mortgage, all to be
computed by the Referee to be appointed for that purpose, together with a reasonable sum representing
legal fees if same is authorized by the note or mortgage to be awarded by the Court.
11. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the Note
secured thereby. At the time the proceeding was commenced, the plaintiff was the owner and holder
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
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of the subject mortgage and Note, or has been delegated the authority to institute a foreclosure action
by the owner and holder of the Note. Originals of the subject mo1tgage and Note are in the plaintiff s
possession and control or that of the custodian.
12. Plaintiff is a Trust.
13. That no other action has been commenced for the recovery of said sum secured by said
Note and mortgage.
14. That each and all of the defendants herein have or claim to have some interest in, or
lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has acemed
subsequently to the lien of the said mortgage, and is subject and subordinate thereto.
15. That plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of any payment after the date of commencement of this action.
16. The Plaintiffhas complied with all of the provisions of RPAPL 1304.
17. Plaintiff has complied with RPAPL 1306 by electronically filing the required
information with New York State Department of Financial Services.
WHEREFORE, the plaintiff demands judgment that the defendant herein and all persons
claiming under them or any or either of them subsequent to the commencement of this action may be
forever barred and fbreclosed of all right, claim, lien and equity of redemption in the said mortgaged
"
premises; that the said premises may be decreed to be sold according to law in "as is physical order
and condition, subject to any covenants, easements, restrictions and reservations of record; any
violations of record; any state of facts an accurate survey may show; any zoning regulations or
amendments thereto; rights of tenants or persons in possession of the subject premises; any prior
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
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mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity
of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from
date of sale; that this Court forthwith appoint a receiver of the rents and profits ofsaid premises, during
the pendency of this action with the usual powers and duties;that monies arising from the sale may be
brought into court; that plaintiff may be paid the amount duc on said Note and Mortgage with interest
to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and
the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the
same; and that, unless discharged in bankruptcy, defendant, Pauline Wagatha, may be adjudged to pay
the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt
ren1aining unsatisfied after the sale of the mortgaged premises and the application of the proceeds
pursuant to the provisions contained in such judgment, the amount thereof to be determined by the
Court as provided in Section 1371 of the Real Property and Proceedings Law.
Dated: May 2, 2018
Syosset, New York
Yours, etc.
PETER T. ROAC I AND ASSOCIATES, P.C.
BY: Joshá. P der
·
Attonic s p Plaintiff
6901 Jeriff Tumpike, Suite 240
Syosd NY 11791-4420
(516) 938-3100
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
SCHEDULE A (Legal Description)
ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF NAPOLI,
COUNTY OF
CATTARAUGUS, AND STATE OF NEW YORK, DISTINGUISHED BY BE1NG PART OF
LOT NO. 29 TOWNSHIP
3, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST BOUNDS OF LANDS CONVEYED
TO THE GRANTORS
HERE1N BY DEED DATED APRIL 15, 1983 AND RECORDED IN THE CATTARAUGUS
COUNTY CLERK'S
OFFICE ON APRIL 20, 1983, IN LIBER 830 OF DEEDS AT PAGE 808, WITH THE NORTH
BOUNDS OF MARK
ROAD, SAID POINT OR PLACE OF BEGINNING BEING APPROXIMATELY 1300 FEET
NORTHWESTERLY
ALONG SAID MARX ROAD FROM THE INTERSECTION OF THE SOUTHEAST
CORNER OF LOT 29 AND THE
NORTHEAST CORNER OF LOT 28, THENCE WESTERLY ALONG THE NORTH
BOUNDS OF SAID MARX
ROAD A DISTANCE OF 533 FEET TO A POINT; THENCE DUE NORTH A DISTANCE OF
1081 FEET TO A
POINT; THENCE EASTERLY ON A COURSE PARALLEL TO SAID MARX ROAD A
DISTANCE OF 533 FEET TO
A POINT ON THE EAST BOUNDS OF SAID LANDS CONVEYED TO THE GRANTORS
HERE1N BY SAID DEED
RECORDED IN THE CATTARAUGUS COUNTY CLERK'S OFFICE IN LIBER 830 AT
PAGE 808; THENCE
SOUTHERLY ALONG SAID EASTERLY BOUNDS OF LANDS CONVEYED TO THE
GRANTORS A DISTANCE
OF 1081 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 13.2 ACRES,
BE THE SAME MORE
OR LESS.
Tax ID: 62.002-1-24.4
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
Note
9eptember 06, 2011 FREDONIA frY
[Dage] [C1ty) [$iage]
9616 MARXRD
LITTLE VALI.iEY tCr 14755
|Property
Addreu)
Landeris a LicensedMortgage.BankerUnderArticle i 2-Dof the NewYork State 0ankingLaw.
1, BORROWER'S TROhitSETO PAY
In returnforaloanthstI havereceived, I promisetopayU.S.5 40. on2. 65 (thisamountis called"hincipal"), plusinierest,
lo theorderof theLender,ne Londeris ONEMAINFI)iANCIAL, INC. . I will makeall payments tmdcrthisNoictotheforrnof
cash,checkor noneyorder.
I undentand thatIbn1.4Dder maytransferthisNote. TheLeaderor anyone whoinkesthisNoteby transferandwhois catilledto
receive payments anderthisNoiciscalledthe"NoteHolder."
2. INTEREST
Inicrcstwill bechargedonunpaidprincipaluntil thefull amountofPrincipalharbeenpaid. I will payinterestata yearlyrareof
10.39 ¾
Do interestraicrequiredby thisSection2 in therateI will paybothbeforcandu6eranydefaultdescribed in Sectiuu6(B)of this
Nole,ARertheMaturityDalcestablished in Section3, l will payinicacaluttheintercitrate:cquiredby thisSection2 orthemaximuas
.ratepermitted under t hethanopplicable law.
3. PAYMENTS
(A) TimeandPlaccof Payaseats
I will payprincipalr.ndintnestby makingapapnenteverymondi
I witirealremyamatblypapneng on the 13th dayof eachmonthkers.¬ning co Octobstr 11th , 201: . I mil n-ake
thesepayments everymonthuntil 1havepaidall of theprincipalsadir.tersstandanyothercherses descIibed belowthatI mayowe
underthisNoto.tosch monthlypayment will beappliedesi:f itsscheduled d..edege and2d1b: appliedtolaterestbeforcPrincipal. if, en
september 13, :1041,I still ownamountsitaderthis Note,1will pay1.hose amountsin M1 on that date,whichis calledthe
"Moturity Date.
I wiltroakemymon(blypayments ut25 F. MAIts aTRENT FREDONT.A, NEWYORK14063 or ata differeniplacaifreqdirtd
by theNoteHolder..
o f
(B) Amount tvfoothly Psy1nents
Mymonthlypsynientwill beintheamountof U.S.5 363. 24
4. RORROWER'S RIC)IT TO PAEPAY
I bevetheright to makepayments of Principa)st any tirnebeforctheyoredue. A psyruentof PrincipalcrJy eshaiown asa
"Psepsymeset " WhenI makeaPrepayment, I will tell theNoteHolder01untingthatI amdoingso. I mayeptdesignate apayment asa
Prepayment ifl have notmadn all the monthly payments d ueimdcr theNeic.
I maymakea full Prepayment or yonist Prepayments withonspayings Perpaymrtit charge. 'JheNealeHolderwill usemy
Prepsyments toreducetheamountof PrincipalthatI owenoderthb Note llowcws,thsNote11ulder mayapplymyFrepaymest tothe
accrued andunpaidhdercat entheprepaymeng amount,helbreepp)ying tny Prepaymerit soreduc:thePrincipalamentacof theNote.
If I makeapartialPrepayment, therewill beonchssages in theduedanc cr tothearnauntof mymonthlypayment unicotheflote
Holderagreen Inwritingto thosechanges.
L LOANCHARGES
If a law,whichappliesin thislossandwhicitscuena.timum losecherses. is ftnmityinforpistedto :hattheintesets cr o±orlor-s
changes ccIlcored cr in becollectedin cermectiori with dai: be eneredthegr·mittedlimits,then:(a) my wb lose4hwce4.1114
reduced theassount toreduce i becharge tothepermitted limit·tad (b)anyrums c ollected
f remsce which nered:4
by necersusy stready
per:aitted limitswill berefondedrome TheNoteHoldermaychoose tom::cetissrefundby seduciog thePricoparI oweanderthis
Ncteor bymaing sdirectpaymr.ng rome. If arefimareducetUnncipal. tr¬cr ednetior. as,
will behcoted apartialPrepaymar.t
d. DORROWEH'S FAILURETOPAYASREQ1.ff.RED
(A) LateChargefor Overdue Payments
tithe NoteHolderbasnotroccived thefullamotatofanymonthlypayment bytheendof o calcadar dayaaâerthedateit is due,I
will psyalatecharge to theNolaHohler.Theemountofthechargewill he 0.0 %of myoverdue paymcotofprincipalandinterestI
will paythistotachar1ge but
promptly ncly once oneach latepayment.
(0) Defeate
iff donotpaythefull amountofenchmonthlypaymentonibedateit is due,1will beIndefault
(C) Noelea afDrfaints
Ill ammdefault,theNote)loldermayseudmeAwriticisnoliceicitingt-e thatif I donotpay16eonedoeamountbyncertaindate,
theNo:cIfnidermayrequireinctopayiraroediately theMI anicient of PrecipalwhichhasnotbeenpaidendmiltheinterestthatI owe
onthatsmnurd.Thnsdetomustbesi leastlo daysatterthedasecowhichtheriolice1:melledtoeteor delivered by otherrenus.
(D) NoWolver 1tyNoteIlolder
Evcoif,st atiancwhenI sonin default.theNote11elder doesnotscoticemeto pay:mmethricly in M1as detrrac4 >how,tFeNme
Horder will slitthavetherichl todosoif 1sci in defaultsi a lasertin:c.'t+e &:: IMde: an ne minueinvto paym)lor prt of nay
chargefor anyoverdueor returnedpaymeni,it will i.till havetherif.htto chargethefult chargeon anyotheroverd·.ne of TeturDtd
pa'facutTheNote)Iolder may acceptpaymentssitesIhe MaturityDateor after'.he inte the NoreIloider requircacio to pay
innedestclyin full witIwtd beice tervised to renewor ettrod the a nd
inen, may coendibntimeis psyteest a ftermemnrywithout
eclice..nieNoteilolderrosydelayenfecirg,anyof its otherr•gh½underthtsNotewat.corlot 8:m. W termsof th-sNotecanbe
waivedorchanged onlyin awritingsignedby NoteHolder.
(E) Psyruent of Noir-floidre'sConfs amtEspentes
lithe N=teilold:alin sequisv.J c3esupayimmedia'cly in All asdescribed abose, theNote!feMrswill hac i! c rigMtobepaidback
byinefors11ofitsratin ar.ilespewt m :nfurringthisNoteto theestentnotprohibited by appliat¿elaw. he expemes include,for
reasonable anorns)t'(cer
example,
(F) Chary;e for Mena nr•1 Paymrars
If anypayment ihar I makebycheck,drah, or aimilarintrumentis returned to theNoteNolderunpaid,I wilj paye returned
paymenI chalgetoIheNtacIMder, Theamountof de chargewill beU.S.5 o. oo .
RATENOTP.
rtEE.o ÜDm>WrfS
(ditots
NYaDW).Wao origina l (Dr ach) Copy (CDBeu D
FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021
I 411114 W ntA 5c¢ wnber 66. 2012
, cmsow Norn a G úf
Unica pplicabic1.vsr resadifferernmehmi,wy arAicebat mu3tbCgiVEotomeUUdeithisNoc will begivenbydr.livcñng it
.1tt.yrnailmrd Ly W.1 I hallto meat thr.hnperly bl 1e.ua'neve or ats differentaddrr.ss if 1givetheNotelinideracoticeof my
differr.ng aW is.
AnynoticethatrpestbegiveugotheNeuc1)olderswer & Notewill begivenbydeliveringit or bymailingit by()mclastmailto
theNoteHolderat.theacIreustaged in SectíEm 'I (A) aboveor ofadifferentaddrezif 1amgivenanoticeof Ebut dillererigaMress.
R. ODLIGATIONSOFFEnSONSUNDERTHJSNOTE
If n:u thmonepenm rarmthn No.:e,ran.permnasfully andperonallychhgated to keepallof Ocpreentum madein thh Note,
eludingtheprtemeN g..f r felt 1stwung md Anypersam whoit a gustacts,swrtyuscradosser ofthit Huicissheobligated todo
1.½ethmp Anypere 4-n Ldesavn tltra obisp ret. includinCtheobligauouofa guarantric, nertty arentforser cI thisNo-c.is
alsoablicated rokeepsts. f theprom.ses madein thisNote.na Nete1laMerensyenfam-3::sight:w:drsthisNotespinstetchperses
mdividually oragaimis:tof u: tecc:her.'t hn means$at anyoneofo* im bereqWrec to r 6, all of thr.a:musucel usu!ce shtsthe
/ ny encofuson arse rafemirms,tro:a st.S. orchangris ursghcicrmsof thisNote(whichsoayincludeertrasiantecurityor addingor
releasing partiesto thisNote).withoutnoticeto others. Amysuchagrectrentwill notrelieseanyof usfunmtr±pw.ubilityunderthis
Nole.
9. WA]VERS
1andacyotherperscuwhohasobligatiorts underthisNolcwaivetherightsof Presentmerit andNoticeof Dishonor. "Presemrnent"
meanstherightto requir-heNoteHolderto demandpaymentof amerotsdue. "Noticeof Dishonor"meansthecigitttorequirethe
NoteHoldertoItivenoticetootherpersons thatemounts duehavenotbecapaid.
20. UND'ORMSECURED NOTE
ThisNoteis a toffw an.s'rume:1 with lisciteJ variationsin somejuri-Wiclions.to additionto theprotections givento theNote
HolderunderintsNa:c.n .'-luit,:cre.Ceedof Tout, cr ".ccssityDeed(the"Scority instrumtat"),daged ibesarcedair asthis Note,
psecrets theNNcIloida frempr-snbletmes whichmiy.hiresultif I dacot LeepthepremitnwhichI makein thisNete.Tht:
in'.*rungent le.. sul umterwbt cot:ditm 1nsayIn requiredin rank imriedisge security
dczenbes
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FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU DANGER ARE IN OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR LENDER DURING THIS PROCESS. TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL -FREE HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES AT 1(800) 269-0990 OR VISIT THE DEPARTMENT'S WEBSITE AT HTTP://WWW.DFS.NY.GOV. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU ARE REQUIRED TO TAIŒ CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW. FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 FORECLOSURE RESCUE SCAMS "SAVE" BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A HOMEOWNER'S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS . . . . . .. .. x WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 8 Ù TRUSTEE OF STANWICH MORTGAGE LOAN Date Filed: TRUST A SUMMONS Plaintiff(s), -agamst- Plaintiff designates CATTARAUGUS County as the PAULINE WAGATHA place of trial #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, MORTGAGED PROPERTY: the persons or parties intended being the tenants, 9846 MARX RD occupants, personsor corporations, if any, having or LITTLE VALLEY, NY 14755 claiming an interest in or lien upon the premises, described in the complaint, SBL#: 62.2 - 1 - 24.4 Defendants(s). Venue is based upon gpunty in which the premises ar'ésituated . . . _. . . . .. , ... _ . . . . ... -- - - .. .. - - . - - - - - x NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and comp!si=t by serving a copy of the annver on the attorneys 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 pcading 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. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the cornplaint is not served with this sununons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 exclusive of the day of service (or within 30 days after the service is completeifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: May 2, 2018 Syosset, New York Yours, etc. PETER T. It A CI I ND ASSOCIATES, P.C. BY: Job t ST1erer Altorneys for Plaintiff 6901 Jericho Turnpike, Suite 240 Syosset, NY 11791-4420 (516) 938-3100 FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS . . .. . - .x WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: TRUSTEE OF STANWICH MORTGAGE LOAN Date Filed: (/ ' TRUST A COMPLAINT FOR Plaintiff(s), FORECLOSURE OF A MORTGAGE -against- PAULINE WAGATHA MORTGAGED PROPMUrY: 9846 MARX RD #1" #12," "JOHN DOE through "J OHN DOE the last LITTLE VALLEY, NY 14755 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, SBL#: 62.2 - 1 - 24.4 occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants(s). ·· -·-------- ·· ---------- -----------------x Plaintiff(s) by its/their attorneys Peter T. Roach and Associates, P.C., hereby allege(s) upon information and belief: 1. On or about September 6, 2011 defendant, Pauline Wagatha, borrowed the sum of $40,082.66 from ONEMAIN FINANCIAL, INC., and executed and delivered a certain Note dated September 06, 2011. A copy of the Note is annexed hereto as Exhibit A. 2. Said Note provided, among other things, that in the event of default by the maker of the Note Pauline Wagatha, in the payment of any of the above described payments, the entire balance hereunder shall be immediately due and payable. 3. In order to collaterally secure the aforesaid obligation, defendant, Pauline Wagatha, duly executed, acknowledged and delivered to the plaintiff or plaintiff's assignor a mortgage, whereby said defendant mortgaged the following real property with the appurtenances thereto, described in the Mortgage as follows: FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 Description" See Schedule A - "Legal annexed hereto and made a part hereof. Said premises being known as and by 9846 MARX RD, LITTLE VALLEY, NY 14755. TOGETHER with all right, title and interest of the defendant in and to the land lying in the streets and roads in front of and adjoining said premises. 4. Said mortgage provided for the following: a) In case of foreclosure sale said premises or so much thereof as may be affected by this mortgage, may be sold in one parcel. b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in default thereof, the mortgagee may pay the same. c) That the whole of said principal sum and interest shall become due at the option of the mortgagee after default in the payment of any installment of principal or of interest. 5. That the said mortgage was duly recorded in the Office of the CLERK of the County of CATTARAUGUS on September 8, 2011 in Instrument Number 164569-001, and theNew York State recording tax was duly paid thereon. A copy of the mortgage is annexed hereto as Exhibit B. 6. The subject mortgage was assigned by written agreement thereafter to CITIFINANCIAL COMPANY D/B/A CITIFINANCIAL COMPANY (DE), A DELAWARE CORPORATION, by assignment of mortgage dated January 8, 2015 and which was recorded in the Office of the CLERK of the County of CATTARAUGUS in Instrument Number 230456-001 on January 23, 2015. Copy of the Assignment is annexed hereto as Exhibit C. 7. The subject mortgage was assigned by written agreement thereafter to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A, by assignment of mortgage dated October 20, 2017 and which was recorded in the Office of the CLERK of the County of CATTARAUGUS in Instrument Number 285737-001 on November 1, 2017. Plaintiff has standing to commence the within action by virtue of being the Transferee of the original FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 Note, heretofore validly transferred and currently in its possession and is the current holder of both the Note and the Mortgage it secures. Copy of the Assignment is annexed hereto as Exhibit C. 8. Defendant, Pauline Wagatha, is the owner of the equity of redemption herein foreclosed by operation of law and is joined as a necessary party defendant to foreclose all of hers rights, title, interest and equity of redemption in the mortgaged premises. Said Defendant Pauline Wagatha will be liable for any deficiency judgrnent as may be directed by this Court, unless said Defendant has received a discharge from the United States Bankruptcy Court, in which case Plaintiff shall not seek or be entitled to a deficiency judgment. 9. Plaintiff verily believes that during the pendency of this action, in order to protect the security of the within Mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within Mortgage foreclosed and deemed further secured thereby. 10. Pauline Wagatha has defaulted under her Note for $40,082.66 owing to plaintiff by failing to make the required payments when due. By virtue thereof, plaintiffherein elects to accelerate the entire principal balance of S39,592.14 to be immediately and payable under the mortgage herein foreclosed, plus interest, any advances made or to be made to protect plaintiff's mortgage, all to be computed by the Referee to be appointed for that purpose, together with a reasonable sum representing legal fees if same is authorized by the note or mortgage to be awarded by the Court. 11. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the Note secured thereby. At the time the proceeding was commenced, the plaintiff was the owner and holder FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 of the subject mortgage and Note, or has been delegated the authority to institute a foreclosure action by the owner and holder of the Note. Originals of the subject mo1tgage and Note are in the plaintiff s possession and control or that of the custodian. 12. Plaintiff is a Trust. 13. That no other action has been commenced for the recovery of said sum secured by said Note and mortgage. 14. That each and all of the defendants herein have or claim to have some interest in, or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has acemed subsequently to the lien of the said mortgage, and is subject and subordinate thereto. 15. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of any payment after the date of commencement of this action. 16. The Plaintiffhas complied with all of the provisions of RPAPL 1304. 17. Plaintiff has complied with RPAPL 1306 by electronically filing the required information with New York State Department of Financial Services. WHEREFORE, the plaintiff demands judgment that the defendant herein and all persons claiming under them or any or either of them subsequent to the commencement of this action may be forever barred and fbreclosed of all right, claim, lien and equity of redemption in the said mortgaged " premises; that the said premises may be decreed to be sold according to law in "as is physical order and condition, subject to any covenants, easements, restrictions and reservations of record; any violations of record; any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the subject premises; any prior FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; that this Court forthwith appoint a receiver of the rents and profits ofsaid premises, during the pendency of this action with the usual powers and duties;that monies arising from the sale may be brought into court; that plaintiff may be paid the amount duc on said Note and Mortgage with interest to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the same; and that, unless discharged in bankruptcy, defendant, Pauline Wagatha, may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt ren1aining unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions contained in such judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property and Proceedings Law. Dated: May 2, 2018 Syosset, New York Yours, etc. PETER T. ROAC I AND ASSOCIATES, P.C. BY: Joshá. P der · Attonic s p Plaintiff 6901 Jeriff Tumpike, Suite 240 Syosd NY 11791-4420 (516) 938-3100 FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 SCHEDULE A (Legal Description) ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF NAPOLI, COUNTY OF CATTARAUGUS, AND STATE OF NEW YORK, DISTINGUISHED BY BE1NG PART OF LOT NO. 29 TOWNSHIP 3, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST BOUNDS OF LANDS CONVEYED TO THE GRANTORS HERE1N BY DEED DATED APRIL 15, 1983 AND RECORDED IN THE CATTARAUGUS COUNTY CLERK'S OFFICE ON APRIL 20, 1983, IN LIBER 830 OF DEEDS AT PAGE 808, WITH THE NORTH BOUNDS OF MARK ROAD, SAID POINT OR PLACE OF BEGINNING BEING APPROXIMATELY 1300 FEET NORTHWESTERLY ALONG SAID MARX ROAD FROM THE INTERSECTION OF THE SOUTHEAST CORNER OF LOT 29 AND THE NORTHEAST CORNER OF LOT 28, THENCE WESTERLY ALONG THE NORTH BOUNDS OF SAID MARX ROAD A DISTANCE OF 533 FEET TO A POINT; THENCE DUE NORTH A DISTANCE OF 1081 FEET TO A POINT; THENCE EASTERLY ON A COURSE PARALLEL TO SAID MARX ROAD A DISTANCE OF 533 FEET TO A POINT ON THE EAST BOUNDS OF SAID LANDS CONVEYED TO THE GRANTORS HERE1N BY SAID DEED RECORDED IN THE CATTARAUGUS COUNTY CLERK'S OFFICE IN LIBER 830 AT PAGE 808; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDS OF LANDS CONVEYED TO THE GRANTORS A DISTANCE OF 1081 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 13.2 ACRES, BE THE SAME MORE OR LESS. Tax ID: 62.002-1-24.4 FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 Note 9eptember 06, 2011 FREDONIA frY [Dage] [C1ty) [$iage] 9616 MARXRD LITTLE VALI.iEY tCr 14755 |Property Addreu) Landeris a LicensedMortgage.BankerUnderArticle i 2-Dof the NewYork State 0ankingLaw. 1, BORROWER'S TROhitSETO PAY In returnforaloanthstI havereceived, I promisetopayU.S.5 40. on2. 65 (thisamountis called"hincipal"), plusinierest, lo theorderof theLender,ne Londeris ONEMAINFI)iANCIAL, INC. . I will makeall payments tmdcrthisNoictotheforrnof cash,checkor noneyorder. I undentand thatIbn1.4Dder maytransferthisNote. TheLeaderor anyone whoinkesthisNoteby transferandwhois catilledto receive payments anderthisNoiciscalledthe"NoteHolder." 2. INTEREST Inicrcstwill bechargedonunpaidprincipaluntil thefull amountofPrincipalharbeenpaid. I will payinterestata yearlyrareof 10.39 ¾ Do interestraicrequiredby thisSection2 in therateI will paybothbeforcandu6eranydefaultdescribed in Sectiuu6(B)of this Nole,ARertheMaturityDalcestablished in Section3, l will payinicacaluttheintercitrate:cquiredby thisSection2 orthemaximuas .ratepermitted under t hethanopplicable law. 3. PAYMENTS (A) TimeandPlaccof Payaseats I will payprincipalr.ndintnestby makingapapnenteverymondi I witirealremyamatblypapneng on the 13th dayof eachmonthkers.¬ning co Octobstr 11th , 201: . I mil n-ake thesepayments everymonthuntil 1havepaidall of theprincipalsadir.tersstandanyothercherses descIibed belowthatI mayowe underthisNoto.tosch monthlypayment will beappliedesi:f itsscheduled d..edege and2d1b: appliedtolaterestbeforcPrincipal. if, en september 13, :1041,I still ownamountsitaderthis Note,1will pay1.hose amountsin M1 on that date,whichis calledthe "Moturity Date. I wiltroakemymon(blypayments ut25 F. MAIts aTRENT FREDONT.A, NEWYORK14063 or ata differeniplacaifreqdirtd by theNoteHolder.. o f (B) Amount tvfoothly Psy1nents Mymonthlypsynientwill beintheamountof U.S.5 363. 24 4. RORROWER'S RIC)IT TO PAEPAY I bevetheright to makepayments of Principa)st any tirnebeforctheyoredue. A psyruentof PrincipalcrJy eshaiown asa "Psepsymeset " WhenI makeaPrepayment, I will tell theNoteHolder01untingthatI amdoingso. I mayeptdesignate apayment asa Prepayment ifl have notmadn all the monthly payments d ueimdcr theNeic. I maymakea full Prepayment or yonist Prepayments withonspayings Perpaymrtit charge. 'JheNealeHolderwill usemy Prepsyments toreducetheamountof PrincipalthatI owenoderthb Note llowcws,thsNote11ulder mayapplymyFrepaymest tothe accrued andunpaidhdercat entheprepaymeng amount,helbreepp)ying tny Prepaymerit soreduc:thePrincipalamentacof theNote. If I makeapartialPrepayment, therewill beonchssages in theduedanc cr tothearnauntof mymonthlypayment unicotheflote Holderagreen Inwritingto thosechanges. L LOANCHARGES If a law,whichappliesin thislossandwhicitscuena.timum losecherses. is ftnmityinforpistedto :hattheintesets cr o±orlor-s changes ccIlcored cr in becollectedin cermectiori with dai: be eneredthegr·mittedlimits,then:(a) my wb lose4hwce4.1114 reduced theassount toreduce i becharge tothepermitted limit·tad (b)anyrums c ollected f remsce which nered:4 by necersusy stready per:aitted limitswill berefondedrome TheNoteHoldermaychoose tom::cetissrefundby seduciog thePricoparI oweanderthis Ncteor bymaing sdirectpaymr.ng rome. If arefimareducetUnncipal. tr¬cr ednetior. as, will behcoted apartialPrepaymar.t d. DORROWEH'S FAILURETOPAYASREQ1.ff.RED (A) LateChargefor Overdue Payments tithe NoteHolderbasnotroccived thefullamotatofanymonthlypayment bytheendof o calcadar dayaaâerthedateit is due,I will psyalatecharge to theNolaHohler.Theemountofthechargewill he 0.0 %of myoverdue paymcotofprincipalandinterestI will paythistotachar1ge but promptly ncly once oneach latepayment. (0) Defeate iff donotpaythefull amountofenchmonthlypaymentonibedateit is due,1will beIndefault (C) Noelea afDrfaints Ill ammdefault,theNote)loldermayseudmeAwriticisnoliceicitingt-e thatif I donotpay16eonedoeamountbyncertaindate, theNo:cIfnidermayrequireinctopayiraroediately theMI anicient of PrecipalwhichhasnotbeenpaidendmiltheinterestthatI owe onthatsmnurd.Thnsdetomustbesi leastlo daysatterthedasecowhichtheriolice1:melledtoeteor delivered by otherrenus. (D) NoWolver 1tyNoteIlolder Evcoif,st atiancwhenI sonin default.theNote11elder doesnotscoticemeto pay:mmethricly in M1as detrrac4 >how,tFeNme Horder will slitthavetherichl todosoif 1sci in defaultsi a lasertin:c.'t+e &:: IMde: an ne minueinvto paym)lor prt of nay chargefor anyoverdueor returnedpaymeni,it will i.till havetherif.htto chargethefult chargeon anyotheroverd·.ne of TeturDtd pa'facutTheNote)Iolder may acceptpaymentssitesIhe MaturityDateor after'.he inte the NoreIloider requircacio to pay innedestclyin full witIwtd beice tervised to renewor ettrod the a nd inen, may coendibntimeis psyteest a ftermemnrywithout eclice..nieNoteilolderrosydelayenfecirg,anyof its otherr•gh½underthtsNotewat.corlot 8:m. W termsof th-sNotecanbe waivedorchanged onlyin awritingsignedby NoteHolder. (E) Psyruent of Noir-floidre'sConfs amtEspentes lithe N=teilold:alin sequisv.J c3esupayimmedia'cly in All asdescribed abose, theNote!feMrswill hac i! c rigMtobepaidback byinefors11ofitsratin ar.ilespewt m :nfurringthisNoteto theestentnotprohibited by appliat¿elaw. he expemes include,for reasonable anorns)t'(cer example, (F) Chary;e for Mena nr•1 Paymrars If anypayment ihar I makebycheck,drah, or aimilarintrumentis returned to theNoteNolderunpaid,I wilj paye returned paymenI chalgetoIheNtacIMder, Theamountof de chargewill beU.S.5 o. oo . RATENOTP. rtEE.o ÜDm>WrfS (ditots NYaDW).Wao origina l (Dr ach) Copy (CDBeu D FILED: CATTARAUGUS COUNTY CLERK 08/04/2021 03:12 PM INDEX NO. 86820 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/04/2021 I 411114 W ntA 5c¢ wnber 66. 2012 , cmsow Norn a G úf Unica pplicabic1.vsr resadifferernmehmi,wy arAicebat mu3tbCgiVEotomeUUdeithisNoc will begivenbydr.livcñng it .1tt.yrnailmrd Ly W.1 I hallto meat thr.hnperly bl 1e.ua'neve or ats differentaddrr.ss if 1givetheNotelinideracoticeof my differr.ng aW is. AnynoticethatrpestbegiveugotheNeuc1)olderswer & Notewill begivenbydeliveringit or bymailingit by()mclastmailto theNoteHolderat.theacIreustaged in SectíEm 'I (A) aboveor ofadifferentaddrezif 1amgivenanoticeof Ebut dillererigaMress. R. ODLIGATIONSOFFEnSONSUNDERTHJSNOTE If n:u thmonepenm rarmthn No.:e,ran.permnasfully andperonallychhgated to keepallof Ocpreentum madein thh Note, eludingtheprtemeN g..f r felt 1stwung md Anypersam whoit a gustacts,swrtyuscradosser ofthit Huicissheobligated todo 1.½ethmp Anypere 4-n Ldesavn tltra obisp ret. includinCtheobligauouofa guarantric, nertty arentforser cI thisNo-c.is alsoablicated rokeepsts. f theprom.ses madein thisNote.na Nete1laMerensyenfam-3::sight:w:drsthisNotespinstetchperses mdividually oragaimis:tof u: tecc:her.'t hn means$at anyoneofo* im bereqWrec to r 6, all of thr.a:musucel usu!ce shtsthe / ny encofuson arse rafemirms,tro:a st.S. orchangris ursghcicrmsof thisNote(whichsoayincludeertrasiantecurityor addingor releasing partiesto thisNote).withoutnoticeto others. Amysuchagrectrentwill notrelieseanyof usfunmtr±pw.ubilityunderthis Nole. 9. WA]VERS 1andacyotherperscuwhohasobligatiorts underthisNolcwaivetherightsof Presentmerit andNoticeof Dishonor. "Presemrnent" meanstherightto requir-heNoteHolderto demandpaymentof amerotsdue. "Noticeof Dishonor"meansthecigitttorequirethe NoteHoldertoItivenoticetootherpersons thatemounts duehavenotbecapaid. 20. UND'ORMSECURED NOTE ThisNoteis a toffw an.s'rume:1 with lisciteJ variationsin somejuri-Wiclions.to additionto theprotections givento theNote HolderunderintsNa:c.n .'-luit,:cre.Ceedof Tout, cr ".ccssityDeed(the"Scority instrumtat"),daged ibesarcedair asthis Note, psecrets theNNcIloida frempr-snbletmes whichmiy.hiresultif I dacot LeepthepremitnwhichI makein thisNete.Tht: in'.*rungent le.. sul umterwbt cot:ditm 1nsayIn requiredin rank imriedisge security dczenbes