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FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 05/25/2021
EXHIBIT H
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
INDEX
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|FILED DOC.
NYSCEF : CHEMUNG
NO. 20 COUNTY CLERK 12/24(2020 08:0 8 Abj RECEIVED NYSCEF:. 05/25/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF CHEMUNG
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
Plaintiff designates CHEMUNG as the place
Plaintiff, of trial situs of the real property
vs.
SUMMONS
BETH A. FARR A/K/A BETH ANN FARR,
#1" #12,"
"JOHN DOE through "JOHN DOE the Subject Property:
last twelve names
being fictitious and unknown to 615 COBURN STREET
plaintiff, the persons or parties intended
being the ELMIRA, NY 14904
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the cenplai=t in this action and to serve a copy of
your answer, or, if the cemplñt is not served with this summons, to serve a notice of appearancc on the
Plaintiffs Attorney within 20 days af ter the service of this summon, exclusive of the day of service (or
within 30 days after the service is complete if this summes is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to
answer for the said United States of America shall not expire until (60) days after service of the
Summons; and in case of your failure to appear or answer, judgmcat will be taken against you by default
for the relief demanded in the complaint.
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NYSCEF : CHEMUNG
NO. 20 COUNTY CLERK 12/24/2020 08 : 08 Ab RECEIVEDINDEX NO.
NYSCEF: 2 O2 0 5 8 2 0
05/25/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this E:22::3 and camplaiñ‡ by serving a copy of the answer on the
attorney for the mortgage cômpany who filed this fôreclGsure pracceding agemst you and filing the
answer with the court, a default jud;;ront may be entered and you can lose your home.
Speak to an attarñêy or go to the court where your case is pending for further informetier on how
to answer the s:-_r::: and protect your property.
Sending a payment to the mortgage company will not stop the foreclasure 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: December 7, 2020
RAS Boriskin, L
'
Attorney for Pl tiff
BY:
[ ] SARA BORISKIN, ESQ.
[X] ANTHONY CELLUCCI, ESQ.
[ ] LUCE PIERRE-RUSSON, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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CHEMUNG
|FILED: DOC. NO. COUNTY CLERK 12/24/2O20 08:08 INDEX NO.
2020-5820
NYSCEF 20 Ald RECEIVED NYSCEF: 05/25/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
httgs://www.ny.courts.goh/Homes/foreclosures.shtml
lll|l111111|l111111111111111111111111111111I|l
11111|l11l|l1111111111111111111111111111111111111111
111111llll11111111111111111111111111
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NYSCEF 20 COUNTY CLERK 12/24/2020 08:08 RECEIVED INDEX NO.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICIÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACIÓN.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtIn_l
O
h_ttps://www_.nycourts.gov/courthelp/Homes/foreclosures.shtml
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FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF CHEMUNG
: NO.
[FILED DOC. 20 COUNTY CLERK 12/24/2020 08:08 AH RECEIVED INDEX NO.
NYSCEF: 2020-5820
05/25/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
INDEX NO.
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
COMPLAINT
Plaintiff,
vs. Subject Property:
615 COBURN STREET
ELMIRA, NY 14904
BETH A. FARR A/K/A BETH ANN FARR,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporatiüns, if any,
having or claiming an interest in or lien upon the
premises, described in the complaiñt,
Defendants.
The cempiski of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon
information and belief as follows:
1. Plaintiff is organized under the laws of the United States of America or its state of formation.
2. On August 26, 2003, BETH A. FARR A/K/A BETH ANN FARR duly executed and delivered a
note whereby BETH A. FARR A/K/A BETH ANN FARR promised to pay the sum of $48,000.00 plus
interest as set forth in said note. A copy of said note is annexed hereto.
3. Plaintiff, directly or through an agent has complied with all applicable laws in an anempt to
cstablish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note is secured by the mortgage
identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent
that the original note or interim assignments of mortgage are lost or üñavailable, Plaintiff has the right to
foreclose the subject note and mortgage pursuant to New York law.
11111111II1111111111111I1111IIllIIIIllllIll II111111111111111111111111111111111Ill111111111111
101IIIIllIlillIllIIIIIllig||111
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[FILED DOC.
NYSCEF CHEMUNG
NO. 20 -COUNTY CLERK 12/24/2020 08:08 Ab RECEIVED INDEX NO . 2 O2
NYSCEF: 582O
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
4. That to secure the payment of the sum represented by said note, BETH A. FARR A/K/A BETH
ANN FARR, duly executed and delivered a mortgage which was recõrded as follows and the mortgage
tax thereon was duly paid:
Recording Date: September08, 2003
County: Chemung
Control Number 200309080041
A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 615 COBURN STREET, ELMIRA, NEW
YORK 14904 and by Section 99.14, Block 1, Lot 12 together with all fixtures and articles of personal
property annexed to, installed in, or used in ccññectiõn with the mortgaged premises, all as is more fully
set forth in said mortgagc. A copy of the legal description is set forth on Schedule A annexed.
6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority
to i=†½de a mortgage foreclesüre action by the owner and holder of the said note and mortgage.
7. Plaintiff has complied with all condition precedent contained in the mertgage, if any.
8. To the extent applieble, Plaintiff has complied with RPAPL 1304 and RPAPL 1306.
9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law §
595-a and any rules and regulations pmmulgated thercunder, Banking Law §§ 6-1 and 6-m.
10. To the extent applicable, Plaintiff has complied with Banking Law § 9-x.
11. That Defcñdants failed to ceraply with the conditions of the note and mortgage by failing to
make the payment that h-me due on June 1, 2020 and each süLsequcñt payment thereafter.
12. That by reason of such defaulto, Plaintiff hereby declarcs the balance of the principal
indebtedness immediately due and payable.
13. That there is now due and owing to the plaintiff, the principal sum of $33,830.54 with interest
thereon fmm May 1, 2020 plus accumulated late charges together with any sums advanced by the
plaintiff on behalf of defendant.
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14. That plaintiff shall not be dccmcd to have waived, altered, rcicased or changed the cIccilun
hereinbefore made by reason of the paymcñt after the date of the commcñcement of this action, of any
or all of the defaulim mentioned herein; and such election shall continue and remain effective until the
costs and dishmements of this action, and any and all future defaults under the aforesaid bond or note
and mortgage, and occurring prior to the discontissance of this action are fully paid.
15. That to protect its security afforded by said note and mortgage, it may be ñccessary for the
plaintiff to pay taxes, assessments, water rates and iñsurâñce premiums which are, or may become liens
on the meitgaged premises, and any other charges for the protection of the picadows, and plaintiff
d===ª that which
hereby any amounts may be so expeded shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and that the same be paid to the plaintiff from the proceeds of the foreclesüre sale herein.
16. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mõrtgage indch‡cdncss or if any such action is pending, a final judgment was not rendered in favor of
Plaintiff and such action is intended to be discontinued.
17. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in,
or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the lien of the mortgage being foreclosed.
"B"
18. The description of each of the named party defcadants interest is set out on Schedule
annexed.
"C"
19. The interest or lien of each of the named party defendants, if any, is set forth in Schedule
annexed.
20. The terms of said mertgage provide that defcñdants shall be liable to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintiffs secadty interest in the premiscs.
21. That the sale of the mortgaged premises and title thereto are subject to the state of facts an
accurate survey will show; all ccycLants, restrictions, easements, agreemcats and reservations, if any, of
record, and to any and all violenens thereof; any and all t:ET -; and zoning regulations, restrictions
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|FILED DOC. CHEMUNG
NO. 20 COUNTY CLERK 12/24/2020 08:08 W INDEX
RECEIVED NYSCEF:. 05/25/2021
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and ardin==== of the müñicipality in which said premises are sitüated, and to any vislaticns of the
same, inchiding, but not limited to, reapporticumcat of lot lines, and vault charges, if any; any and all
orders or requirements issued by any gavcaumeñ‡al body having jurisdiction against or affecting said
premises and any violation of the same; the physical ec-ñënes of any building or structure on the
premises as of the date of closing hereüñder; rights of tenants in possession, if any; prior mortgages and
judgmcñ‡s, if any, now liens of record; right of Rce-=ption of United States of America, if any; rights
of any dda=d-+s pursuant to CPLR Section 317, CPLR Secnon 2003 and CPLR Section 5015, if any;
any and all Hazardous Materials in the premises including, but not limited to, flammabic explosives,
radioactive materials, hazardous wastes, asbestos or any material eantainmg ashcstós, and toxic
and other mndman= as set forth in the terms of sale more to be ===^==aed at the
substances; particularly
sale.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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: NO. 20 COUNTY CLERK 12/24/2020 08:08 W 0 INDEX0
RECEIVED NYSCEF: 05/25/2021
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
WHEREFORE, plaintiff demands judgmcñt against the defendants as follows:
A. The defcadañts and each of them, and all persons claimMg under them, or any of them
subsequst to the commencement of this action and the filing of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easesets, agreements and reservations, if any, of record, and to
any and all violations thereof; any and all buildiñg and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any vW- of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all orders or requiremcats issued by any govemmetal body having jurisdiction against or
affecting said premises and any violation of the same; the physical coñditioñ of any building or
structure on the prcrsises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defedants pursuañt to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the peñdcñcy of this action, and for thirty days after any sale demanded herein
for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interest thereon from the time of such payment and the
attomcys'
costs and expenses of this action iñcludiñg reasonable fees so far as the amotmt of such
monies properly applicable thereto will pay the same;
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: NO.
|FILED DOC. 20 COUNTY CLERK 12/24/2020 08 : 08 Ab$ RECEIVED INDEX NO.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020
F. The plaintiff be decreed to be the owner of any and all personal property used in
esnnectiGE with the said mortgaged premises, except if discharged in bankruptcy;
G. The obligors may be adj-edged to pay any deficiency which may remain after applying all
of said moniessoapplicabic thereto unless the obligors were discharged in bankruptcy;
H. aw-ding the relief requested in the addidenal causes of action stated in the ecs;'±±, if
any;
I. Plaintiff shall have such other and further relief or both, in the premises as shall be just
and equitable.
Dated: December 7, 2020
RAS Boriskin, L
Attorney for P tiff
BY:
[ ] S BORI'SKIN, ESQ.
[X] ANTHONY CELLUCCI, ESQ.
[ ] LUCE PIERRE-RUSSON, ESQ.
900 Merchants C0ñcourse, Suite 310
Westbury, NY 11590
516-280-7675
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[FILED: DOC.sCHEMUNG COUNTY CLERK 12/24/2020 08:08 INDEX
NO . 2 0 2 0 -5 8 2 0
NYSCEF NO. 20 A14 RECEIVED NYSCEF: 05/25/2021
NY S CE F DOC . NO RECE IVE D NY SCE F : 12 / 2 4 / 2 0 2 0
VI WBCD LOAN $
NIN a
NOTE
AUGUST 2 6 , 2003 ELMIRA, NEW YORK
[Date ] [ City] [State ]
615 COBuRN ST, Elmira, NY 14904
[ Property Address]
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. 448, 000.00 (this amount is called
"Principal"), plus interest, to the order of the Lander. The Lender is FIAssTAR Baux , rea, A FEDERALLY
CHARTERED SAVINGS BANK.
I will make all payments under this Note in the form of cash, check or money order,
I understand that the Lander may transfer this Note3he Lender or anyone who takes this Note by transfer and who
Holder."
is entitled to receive payments under this Note la called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 7 . 5e0%.
The interest rate required by this Section 2 is the rate t wili pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time end Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the IST day of each month uv j|i;r±g on oCTOBER 1, 20o3 .
I will make these payments every month until Ihave paid ellof the principal and interest and any other charges described
be
Preview
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 05/25/2021 EXHIBIT H FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 INDEX 0 5 82 0 NO 2 2 0- |FILED DOC. NYSCEF : CHEMUNG NO. 20 COUNTY CLERK 12/24(2020 08:0 8 Abj RECEIVED NYSCEF:. 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF CHEMUNG NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff designates CHEMUNG as the place Plaintiff, of trial situs of the real property vs. SUMMONS BETH A. FARR A/K/A BETH ANN FARR, #1" #12," "JOHN DOE through "JOHN DOE the Subject Property: last twelve names being fictitious and unknown to 615 COBURN STREET plaintiff, the persons or parties intended being the ELMIRA, NY 14904 tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the cenplai=t in this action and to serve a copy of your answer, or, if the cemplñt is not served with this summons, to serve a notice of appearancc on the Plaintiffs Attorney within 20 days af ter the service of this summon, exclusive of the day of service (or within 30 days after the service is complete if this summes is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgmcat will be taken against you by default for the relief demanded in the complaint. 20-061420 - Drafter: Jennifer Galczynski jg 1 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 - FILED DOC. NYSCEF : CHEMUNG NO. 20 COUNTY CLERK 12/24/2020 08 : 08 Ab RECEIVEDINDEX NO. NYSCEF: 2 O2 0 5 8 2 0 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this E:22::3 and camplaiñ‡ by serving a copy of the answer on the attorney for the mortgage cômpany who filed this fôreclGsure pracceding agemst you and filing the answer with the court, a default jud;;ront may be entered and you can lose your home. Speak to an attarñêy or go to the court where your case is pending for further informetier on how to answer the s:-_r::: and protect your property. Sending a payment to the mortgage company will not stop the foreclasure 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: December 7, 2020 RAS Boriskin, L ' Attorney for Pl tiff BY: [ ] SARA BORISKIN, ESQ. [X] ANTHONY CELLUCCI, ESQ. [ ] LUCE PIERRE-RUSSON, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 20-061420 - Drafter: Jennifer Gakzynski jg 2 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 CHEMUNG |FILED: DOC. NO. COUNTY CLERK 12/24/2O20 08:08 INDEX NO. 2020-5820 NYSCEF 20 Ald RECEIVED NYSCEF: 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR httgs://www.ny.courts.goh/Homes/foreclosures.shtml lll|l111111|l111111111111111111111111111111I|l 11111|l11l|l1111111111111111111111111111111111111111 111111llll11111111111111111111111111 20-061420 -jg Drafter: Jennifer Galczynski 3 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 - CHEMUNG |FILED: DOC. NO. NYSCEF 20 COUNTY CLERK 12/24/2020 08:08 RECEIVED INDEX NO. NYSCEF: 2 02 0 5 82 0 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICIÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACIÓN. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtIn_l O h_ttps://www_.nycourts.gov/courthelp/Homes/foreclosures.shtml 20-061420 - Drafter: Jennifer Galczynski jg 4 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF CHEMUNG : NO. [FILED DOC. 20 COUNTY CLERK 12/24/2020 08:08 AH RECEIVED INDEX NO. NYSCEF: 2020-5820 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG INDEX NO. NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, COMPLAINT Plaintiff, vs. Subject Property: 615 COBURN STREET ELMIRA, NY 14904 BETH A. FARR A/K/A BETH ANN FARR, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporatiüns, if any, having or claiming an interest in or lien upon the premises, described in the complaiñt, Defendants. The cempiski of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon information and belief as follows: 1. Plaintiff is organized under the laws of the United States of America or its state of formation. 2. On August 26, 2003, BETH A. FARR A/K/A BETH ANN FARR duly executed and delivered a note whereby BETH A. FARR A/K/A BETH ANN FARR promised to pay the sum of $48,000.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintiff, directly or through an agent has complied with all applicable laws in an anempt to cstablish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or üñavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 11111111II1111111111111I1111IIllIIIIllllIll II111111111111111111111111111111111Ill111111111111 101IIIIllIlillIllIIIIIllig||111 20-061420 - Drafter: Jennifer Galczynski jg 5 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 0- : [FILED DOC. NYSCEF CHEMUNG NO. 20 -COUNTY CLERK 12/24/2020 08:08 Ab RECEIVED INDEX NO . 2 O2 NYSCEF: 582O 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 4. That to secure the payment of the sum represented by said note, BETH A. FARR A/K/A BETH ANN FARR, duly executed and delivered a mortgage which was recõrded as follows and the mortgage tax thereon was duly paid: Recording Date: September08, 2003 County: Chemung Control Number 200309080041 A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 615 COBURN STREET, ELMIRA, NEW YORK 14904 and by Section 99.14, Block 1, Lot 12 together with all fixtures and articles of personal property annexed to, installed in, or used in ccññectiõn with the mortgaged premises, all as is more fully set forth in said mortgagc. A copy of the legal description is set forth on Schedule A annexed. 6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to i=†½de a mortgage foreclesüre action by the owner and holder of the said note and mortgage. 7. Plaintiff has complied with all condition precedent contained in the mertgage, if any. 8. To the extent applieble, Plaintiff has complied with RPAPL 1304 and RPAPL 1306. 9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law § 595-a and any rules and regulations pmmulgated thercunder, Banking Law §§ 6-1 and 6-m. 10. To the extent applicable, Plaintiff has complied with Banking Law § 9-x. 11. That Defcñdants failed to ceraply with the conditions of the note and mortgage by failing to make the payment that h-me due on June 1, 2020 and each süLsequcñt payment thereafter. 12. That by reason of such defaulto, Plaintiff hereby declarcs the balance of the principal indebtedness immediately due and payable. 13. That there is now due and owing to the plaintiff, the principal sum of $33,830.54 with interest thereon fmm May 1, 2020 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 20-061420 - Drafter: Jennifer Galczynski jg 6 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF CHEMUNG : NO. fFILED DOC. 20 COUNTY CLERK 12/24/202 0 OB : 08 W RECEIVED INDEX NO. NYSCEF: 2020-5820 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 14. That plaintiff shall not be dccmcd to have waived, altered, rcicased or changed the cIccilun hereinbefore made by reason of the paymcñt after the date of the commcñcement of this action, of any or all of the defaulim mentioned herein; and such election shall continue and remain effective until the costs and dishmements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontissance of this action are fully paid. 15. That to protect its security afforded by said note and mortgage, it may be ñccessary for the plaintiff to pay taxes, assessments, water rates and iñsurâñce premiums which are, or may become liens on the meitgaged premises, and any other charges for the protection of the picadows, and plaintiff d===ª that which hereby any amounts may be so expeded shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclesüre sale herein. 16. That the plaintiff alleges that no other proceedings have been had for the recovery of the mõrtgage indch‡cdncss or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 17. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. "B" 18. The description of each of the named party defcadants interest is set out on Schedule annexed. "C" 19. The interest or lien of each of the named party defendants, if any, is set forth in Schedule annexed. 20. The terms of said mertgage provide that defcñdants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintiffs secadty interest in the premiscs. 21. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all ccycLants, restrictions, easements, agreemcats and reservations, if any, of record, and to any and all violenens thereof; any and all t:ET -; and zoning regulations, restrictions 20-061420 - Drafter: Jennifer Galczynski jg 7 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF : |FILED DOC. CHEMUNG NO. 20 COUNTY CLERK 12/24/2020 08:08 W INDEX RECEIVED NYSCEF:. 05/25/2021 0 5 82 0 NO 2 2 0- NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 and ardin==== of the müñicipality in which said premises are sitüated, and to any vislaticns of the same, inchiding, but not limited to, reapporticumcat of lot lines, and vault charges, if any; any and all orders or requirements issued by any gavcaumeñ‡al body having jurisdiction against or affecting said premises and any violation of the same; the physical ec-ñënes of any building or structure on the premises as of the date of closing hereüñder; rights of tenants in possession, if any; prior mortgages and judgmcñ‡s, if any, now liens of record; right of Rce-=ption of United States of America, if any; rights of any dda=d-+s pursuant to CPLR Section 317, CPLR Secnon 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammabic explosives, radioactive materials, hazardous wastes, asbestos or any material eantainmg ashcstós, and toxic and other mndman= as set forth in the terms of sale more to be ===^==aed at the substances; particularly sale. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 20-061420 - Drafter: Jennifer Calcryüski jg 8 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 FILED DOC. NYSCEF CHEMUNG : NO. 20 COUNTY CLERK 12/24/2020 08:08 W 0 INDEX0 RECEIVED NYSCEF: 05/25/2021 NO. 2 2 0 -5 8 2 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 WHEREFORE, plaintiff demands judgmcñt against the defendants as follows: A. The defcadañts and each of them, and all persons claimMg under them, or any of them subsequst to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easesets, agreements and reservations, if any, of record, and to any and all violations thereof; any and all buildiñg and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any vW- of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requiremcats issued by any govemmetal body having jurisdiction against or affecting said premises and any violation of the same; the physical coñditioñ of any building or structure on the prcrsises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defedants pursuañt to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the peñdcñcy of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the attomcys' costs and expenses of this action iñcludiñg reasonable fees so far as the amotmt of such monies properly applicable thereto will pay the same; 20-061420 - Drafter: Jennifer Galczynski jg 9 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF CHEMUNG : NO. |FILED DOC. 20 COUNTY CLERK 12/24/2020 08 : 08 Ab$ RECEIVED INDEX NO. NYSCEF: 20 2 0-5 8 2 0 05/25/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2020 F. The plaintiff be decreed to be the owner of any and all personal property used in esnnectiGE with the said mortgaged premises, except if discharged in bankruptcy; G. The obligors may be adj-edged to pay any deficiency which may remain after applying all of said moniessoapplicabic thereto unless the obligors were discharged in bankruptcy; H. aw-ding the relief requested in the addidenal causes of action stated in the ecs;'±±, if any; I. Plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. Dated: December 7, 2020 RAS Boriskin, L Attorney for P tiff BY: [ ] S BORI'SKIN, ESQ. [X] ANTHONY CELLUCCI, ESQ. [ ] LUCE PIERRE-RUSSON, ESQ. 900 Merchants C0ñcourse, Suite 310 Westbury, NY 11590 516-280-7675 20-061420 - Drafter: Jennifer Galczynski jg 10 of 28 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 [FILED: DOC.sCHEMUNG COUNTY CLERK 12/24/2020 08:08 INDEX NO . 2 0 2 0 -5 8 2 0 NYSCEF NO. 20 A14 RECEIVED NYSCEF: 05/25/2021 NY S CE F DOC . NO RECE IVE D NY SCE F : 12 / 2 4 / 2 0 2 0 VI WBCD LOAN $ NIN a NOTE AUGUST 2 6 , 2003 ELMIRA, NEW YORK [Date ] [ City] [State ] 615 COBuRN ST, Elmira, NY 14904 [ Property Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. 448, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lander. The Lender is FIAssTAR Baux , rea, A FEDERALLY CHARTERED SAVINGS BANK. I will make all payments under this Note in the form of cash, check or money order, I understand that the Lander may transfer this Note3he Lender or anyone who takes this Note by transfer and who Holder." is entitled to receive payments under this Note la called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7 . 5e0%. The interest rate required by this Section 2 is the rate t wili pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time end Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the IST day of each month uv j|i;r±g on oCTOBER 1, 20o3 . I will make these payments every month until Ihave paid ellof the principal and interest and any other charges described be