Preview
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
EXHIBIT L
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
AFFIDAVIT OF MERIT AND
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE AMOUNTS DUE
SERVICING,
Index No. 2020-5820
Plaintiff,
vs. Property Address:
615 COBURN STREET,
BETH A. FARR A/K/A BETH ANN FARR, ELMIRA, NY 14904
#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 corporations, if any, having or claiming an
interest in or lien upon the premiscs, described in the
complaint,
Defendants.
STATE OF Ó Î )
COUNTY OF S Î CO ) ss:
I rYlIy- 116 . being duly sworn, deposes and says:
I am empicycd as a/an 22 > of NBWREZ LLC F/K/A NEW PENN
FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING ("Shelipeint"),
("PLAINTIFF"). As such, I am authorized to make this Affidavit.
1. This affidavit is issued at the request of Plaintiff and in support of the instant
application for the appointment of a referee and for judgment of foreclosure and sale.
2. I make this affidavit based on my personal knowledge and my review of business
records created and ±±~1 by Shellpoint in the ordinary and regular course of business by
persons who have a basiñcss duty to make such records. These business records were created at
or near the time by, or from information provided by, persons with lGcvelsdr.,s of the activity and
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
trmisâcticra reflected in such records. To the extent that the records for the subject loan were
created by a prior servicer, those records have been verified for accuracy and incog=ted into
Slielipsint's records in the regular course of business.Shelip-.int relies on the foregoing business
records in the ordinary course of its business.
3, This is an action seeking to foreclose a mortgage upon residential property located at
615 COBURN STREET, ELMIRA, NY 14904 ("Premises").
4. That, BETH A. FARR A/K/A BETH ANN FARR ("Borrowers"), executed a note in
favor of FLAGSTAR BANK, FSB dated August 26, 2003 in the amount of $48,000.00 ("Note").
A copy ofthe Note is annexed hereto as Exhibit "A".
5. As security for the Note, BETH A. FARR A/K/A BETH ANN FARR,
("Mortgagors") exented a mortgage in favor of MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FLAGSTAR BANK, FSB, secured by
the Premises, dated August 26, 2003, and recorded on September 08, 2003, in Instrument
Number 200309080041 ("Mortgage"). A copy of the Mortgage is annexed hereto as Exhibit
6. The Mortgage was transferred to NEWREZ LLC D/B/A SHELLPOINT
MORTGAGE SERVICING and said transfer was memorialized by an Assignment of Mortgage
executed on December 15, 2020. A copy of the assignment(s) is annexed hereto as Exhibit "C".
7. Plaintiff, or Plaintiff's agent, has been in possession of the Note since prior to the
===-ement of the action and is the entity entitled to enforce the Note.
8. The Note provided for repayment in monthly installments commencing on a date set
forth therein and continuing thereafter on the same date of each subsequent month until the Note
was paid.
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
9. Borrowers breached the obligations owed Plaintiff by failing to tender the installment
which became due and paydble on June 01, 2020 and by failing to tender subsequent
installments. That there is now due and owing to Plaintiff under said Note and Mortgage the
principal sum of $33,830.54 with interest thereon from May 01, 2020, plus late charges,
advâñces and any other charges due and owing pursuant to the terms of the Note and Martgage.
10. Due to the default in payments as described above, the Plaintiff has the right, pursuant
to the Mortgage, to c==.22.a foreclosure proceediñgs.
11. I have personal Imcvdedge of Shellpoint's busiñess practice for generating and
mailiñg Default Notices. The Default Notices are generated automatically using data from
Shellpoint's loan servicing computer system which identifies loans that require said notices
based on days of delinquêñcy and the abseñce of any e-1=ian, such as a bankruptcy or active
loss mitigation plan. Default Notices are sent to any borrowers at the mailing address of record
in the system via first class mail. Each notice is placed in an envelópe and postage is affixed and
then delivered to a United States Post Office. This process is empicyed as part of Shelipciat's
regular business practice as a mortgage loan servicer, and is designed to ensure timely mailing of
notices to consumers with respect to loans serviced by Shellpoint. The loan records reflect that
Shellpoint followed its standard practices with respect to the mailing of default notices in
connection with the subject loan.
12. Pursuant to the terms of the note and mortgage, the default notice dated July 06, 2020,
advised the borrower(s) of the default, the action necessary to cure the default, the time within
which to cure said default and that failure to do so would result in accelendon of the mortgage
obligation
13. My review of Shellpoint Mortgage Servicing's business records reveals that in
accordance with the terms of the Mortgage, a Notice of Default was mailed on July 6, 2020, to
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
the property address and borrower's last known mailing address. A copy of said Notice of
Default is attached as Exhibit "D".
14. As a result of the default, the amount presently due upon the Note and Mortgagc, as
of March 11, 2021, is as follows:
Unpaid Principal Balance as of 06/01/2020,
the default date $33,830.54
Total Accrued Interest at 7.500% from
5/1/2020-3/11/2021 (*The interest amount provided $2,145.78
may be lessthan what is legally allowed)
Accrued Late Charges $46.97
Insufficient Funds Fee $0.00
Escrew Advance Balance $3,444.72
Escrow Beginning Balance $1,887.58
Escrow Credits ($4,008.86)
Advances for Insurance $1,027.00
Advances for Mortgage Insurance $0.00
Advances for Taxes $4,539.00
Corporate Advance Balance S410.00
BPOs $0.00
Appraisals $0.00
Property Inspections $145.00
Property Preservation $265.00
Unapplied Funds/Suspense $0.00
Total Due: $39,878.01
SPACE INTENTIONALLY LEFT BLANK
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A copy ofShellpoint's business records I reviewed in compiling the above breakdown of
the amcws:3 due and owing is annexed hereto as Exhibit "F".
Subscribed and sworn to under the penalty of perjury this day of
Åyua , 20_2L_.
NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC
D/B/A SHELLPOINT MORTGAGE SERVICING,
By:
Name:
STATE OF.Ó -8 _ )
COUNTY OF 9 CCPS ) ss:
On the day of in the year before me, the
undersigned, a Notary Public in and for said State,
personally appeared
a 4 rnig,. -Eh Ma A , personally known to me or proved to me on the basis of
satisfactory evidence to be the individnal(4whose nameM is (itre) subscribed to the within
instrument and acknuwicdged to me that he/Rre/they executed the same in his/lierJthair
capacity(fes), and that by his/her/their signatu-e(s) on the iñstranicat, the individual(k) or the
person upon behalf of which the ind vidual)) acted, executed the instrument.
BARBARA JOHNSON Notary Public
NolaryPublic-Stateolhizona
c oAn 8 My Commissioñ Expires: U 2. 23
Expires July 17, 2023 ()
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FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
EXHIBIT A
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
V1 WBCD LOAN I
NOTE
AUGDet 26, 2003 ELMIRA, NEW TORK
[Date) [City) [State]
615 COBURNST, E11sira, NY 14904
[Property Address]
L BORROWER'S PROuiGE TO PAY
In retum for a foan that I have received, I promise to pay U.S. $48 , 000. co (this amount Is asiled
"Principal"), plue Interest, to the order of the Lander. The Lender 15 FLaosTAR BANK, FSB, A FBDERALLt
citARTERBD SAVINGS BANR.
I will make all payments under this Note in the form of cash, check or money order.
or anyone who takes this Note by transfer and who
I understand that the 1.ender may transfer this Note. The I.ender Holder."
la entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest wig be charged on unpaid principal until the full amount of Principal has been pald. ! will pay interest at a
yearly rate of 'r .500 t .
The interest raterequired by this Section Eis the rate t wHIpay both beforeand after any default described in Section
s(B) of this Note.
3. PAYMENTS
(A) Time and Place of Peyments
I will pay prinalpal and interest by making a payment every month.
I wilt make my monthly payment on the 1st day of each month beginning on OCTOBER 1, 2005.
Iwillmake these payments every month untHIhave paid allof the pht"•!=dinterestand any other charges described
below that I may owe under this Note, Each monthly payment will be applied as of its acheduled due date and wilt be
applied to interest before Principal, If, on sEPTEMBER 1, 2033 , I still owe amounts under this Note, I
Date."
will pay those amounts In fuAon that date. which is called the "Maturity
I WMmake my monthly payments at
5251 coRPORATE DR
TRDT, MI 4B1f98-2639
or at a different place if required by the Note Holder.
(B) Arnount of Monthly Payments
My monthly payment wN be in the amount of U.S. $335 . 62 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal atany IIme before they are due. A pay.ment of Prinalpal only is known
as a "Prepayment."When lmake a Prepayment, twAltell the Note Holderin writing that Iam doing so. I may notdesignate
a payment as a Prepayment It I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owounder thla Note. However, the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment tb
reduce the Principal amount of the Note. If I rnake a partial Prepayment, there wUIbe no changes in the due date or in
the amount of my monthly payment.unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
It a law, whloh applies to this Ioan and which eats maximum loan chargencigrilnally iiitaiprsiad so that the interest
or other loan charges collected or to be coBeated in connection wlth this loan exceed the permitted limita, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the aew"cd Ilmit; and (b) any
sums already conected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose
to make this refund by reducing the Principal I owe under this Note or by making a dlinot payment tdme. If a refund
reduces Principaf, the reduction will be treated as a partial Prepayment.
5. BORROWEER'SFAILURETO PAY AG REQUIRED
(A) Late Charge for Overdue Paymenia
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date itis due, I will pay a late charge to the Note Holder. The arnount of the charge wB be 2.000%
of my overdue paymentof pnnolpalaadinte=et, I will pay this late charp pm.-:ptE/ but ordy ar.ca= each late payment
(B) Default
If I do not pay the full amount of each mortthly payment on the date It is due, I w$ be in default.
(C) Notice of Default
if I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immed'mtely the full emount of Principal which has not been
paid and all the interest that I owe on that amount. Thatdate must be at least 30 days after the date on which the notit:e
is malled to me or delivered tiy other means.
(D) No Wolver By Note Holder
Even If, at a time when I am In default, the Note Holder does not require me to pay immediately in full as cribed
above, the Note Holder wlli still have the right to do so If ] am (n default at a later tirne
Initials :
NEWYORICFlXEDRATENott - anglsFamily- PannInNaWFreddleMacUNIFoRM the NT Fggm3233y31
o seasecoaonUne0acuments inc. Page .1of 2 PmocNYN0m
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.
VI WacD LORN 9
(E) Payment of Note Holder's Coats and Expenses
If theNote Holder has required me to pay immediately In fulLas described above, the Note Holder will havehtheright
to be paid back by me Ibr all of Its costs and expenses In enforcing thle Note to the extent not prohibited by appilomble
attorneys'
law. Those expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicable tawrequires a different method, any notice that mustbe given to me under this Note will be given
by delivering ft or by maIllng It by first olass mall to me at the Property Address above or at a different address If I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing itby first
olass mail to the Note Holder at the addreas stated in Section 8(A) above or at a different address it I am given a notlas
of that different eddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fuHyand personally obligated to keep an of the promisee
made in this Note, including the promise to pay thefullamount owed. Any person who Is a guaran tor, surety or endorser
of this Note In also obligated to do these things. Any person who fakes overthese obligations, lootuding the obligations
of a guarantor, surety or endorner of this Note, is also obligated to keep all of the promises madein this Note. The Note
Holder may enforce its rights under this Note against each person individually or against ad of us together. This means
that any one of us may be required to pay an of the amounts owed under this Note.
9. WAlVERS
Iand any other person whohas 2:ganons under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means
the right to require the Note Norder to demand payment of amounts due."Notice of Dishonor"
means the right to require the Note ttolder to give notice to ottier persons that amounts due have not been paid.
10. UNIPORIUISECURED NOTE
This Note is a uniform instrument with IImited variations in some jurisdictions. In addition to the protections given
to the Note Hokier under this Note, a htortgage, Dead of Trust. or Security Deed (the "Seourity instrument"). dated the .
same date as th(a Note, protects the Note Holder from possible tosses which might result If I do not keep the promises
whichI makeIn this Note. That Security Instrument describes how and under what conditions Imay be rentilted to make
immediate payment in full of all amounts I owe under this Note. Some of those conditions are decorlbed as follows:
Lender may require Immediate payment in full of all Sums Secured by this Seousy inskument If all or ny
partof the Property, Qrlf any right in the Property,is sold ortransferred withoutlander's priorwrittsa pan::ission.
If Borrower is not a natural person and a beneficial interest in Barrower is sold or transferred without Lander's
prior written permission, I.ender also may require immediate payment in full However, this option shall not be
exercised by Londer if such exercise is.prohibited by Appilcable Law,
If I.ënder req±= !mmediate payment in fullunder this Section 16, Lander will give me a notloe which states
this requirement, The notice will give me at least Godays to make the r ulred payment. The 30.day perlod will
begin on the date the notice is given to rne in the manner required by ection 15 of thIs Security Instrument.
If Idonot make therequired payment during thatperiod, Lander may act to enforce Its righte under this Security
Instrument without giving me any further notice or demand for payment
WITNESS THE HAND(S) AND 8EAL(B) OF THE UNDERBlGNED.
. (seal)
B81'R it FA
[8Ign Odginal C ly] .
NEWYORKFIMEDRATEltoTE- 8ingleFamily
- FanniaMaa/Freddeo
ManUMPoRet11!lBTRtIMENT Fong3A83yes
OrllinoDocumeA Inc.
o 1Ji99-2002 Page 2 of 2
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EXHIBIT B
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
CHEMUNG COUNTY CLERK
MORTGAGE
Index
Retprn To:
Book 00000 Page 0000
FLAGSTAR BK
5151 CORPORATE DR No. Pages 0011
TROY MI 48098
Instrument MORTGAGE
Date : 9/08/2003
Time : 10:47:26
Control # 200309080041
FARR BETH A REF # M CU 002409
FLAGSTAR BANK
Employee ID CLERK2
MORTGAGE TAX
MTG REC $ 38.00 MORTGAGE AMOUNT $ 48,000.00
REC SHEET $ 3.00
BASIC MTG $ 240.00 BASIC MORTGAGE TAX $ 240.00
SP ADD MTG 120.00
RMO - ST $ 4.75 SPEC ADDIT MTG TAX $ 120.00
RMO - CNTY $ 1.00
RMO-COMP R $ 14.25 $ .00
$ .00
$ .00 Total $ 360.00
Total: $ 421.00
STATE OF NEW YORK TRANSFER AMT
CHEMUNG COUNTY CLERK
THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT TRANSFER AMT $ .00
REQUIRED BY SECTION 316-A (5) FOR THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK.
DO NOT DETACH TRANFER TAX $ .00
CATHERINE HUGHES
COUNTY CLERK
51A18511115111|A#R111
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021
At ter Recording Return To:
PraGBTAR BANK
5151. CoRPORATEDRIV8
TROT, Mr 48o9B
FIBAL DDCUNBNTS,MAIL 820P W-530-3
V1 WBCDLOAN f
Data] -
AboveThieLinsForReserding
(spmoe -. . -- +
MORTGAGE
MIN •
WORDS USED OFTEN IN THIS DOCUMENT
" Is dated AUGUST26 , 2003 , togetherwith at Riders
(A) asecurity instrument Thledocument,which Instrument."
to this document. will be called the "Security
(B) "Borrower BETH A PARR okber , As HER SOLB & SEPARATEPROPERTY ,
whose address la 615 COBURN89, 51M3B4, NY 14904 ,
"I"
sometimes will be called "Borrower" and sometimes simply or "me
"MERS" is MostgageElectronloRegistrationSystems,Inc. MERSis a separatecorporation thatis
(C) ao5ngsolely as
anominee fortenderand Lander'ssuccessorsandassigns.MERSisorgen!::‡dond existingunderthelawsof Delaware,
and has an address and telaphone number of P,0. Box 2028, Flint, MI 46501-2020, tel, (888) 679.MER8. FOR
PURPOSESOF RECORDINGTHIS MORTGAGE,MERSIS THE MORTGAGEEOF RECORD.
"Lander " FrAGSTARBANK PSB
(D) , ,
will be called "Lander."
Lander Ina corporation or associationwhich exlatsunder the laWeof UNITED STATEBOF AMERE CA.
Londers address 18 $151 CoRPoRATEDR, TRoT HI 48o98-2639 .
(E) "Note? The note tigned by Boneweranddaled Aumuse 26, 2003, wlBbe calledthe "Note The
Note shows that I owe L.ender Polel'tr examT ExooSANDAllD 8o/108*********** ***************** ****
*********** ****** * *** ****************.********a************ Doltars(U.S. $48,00c.00 )
plus interest and other amounts that may be payable.f havepromisedto pay this debtinPeriodio Paymentsand to pay
the debt in full by asPTEMBElt 1, 2D33,
F) "Property? The property thatia describedbelowiri the sectiontitled "Daserlptionof the Property,"wlil be calledthe
Property."
"1.oan." The "Loan" means thedebtevidenced theNote,plus interest,any prepaymentchargesand latecharges
(G) by
due under the Note. and aI1sumsdue under this Securityinstrument, plue interest.
"Suma Secured." The emounts describedbelow Inthe sectionfltled "Barrower'sTransfertoLender of RightsIn the
(H)
Property" sometimes will be called the "Sums Secured."
(1) "Riders All Riders attached to thle Security instrument that are signed by Borrowerwill be called "Riders The
tollowing Riders are to be signed by Borrower [check box as appllqablej:
C.JAdjustable Rate Rider I ICondominium Rider I ISecond Mome Rider
'
E _IBalloon Rider I IPlanned UnitDevelopment Rider - Other(s) [speciftl
I 71-4 Family Rider ]Blwealdy PaymentRider
.
(J) "Applicable Law All controlling appilcable federal, state and local statutes, regulations, ordinarican and
administrative rules and ordere (that have the effect of law) as well as all applicable flnal. non-appealable, judiolal
opinions will be called "Applicable Law."
(10 "Comenunity Association bues, Fees, and Assesaments All dues. fees, assessmentsand other charges that
are imposed on Borrower or the Property by a condominium assoolatton, homeowners association or similar
organiza1lonwill be called "Community AssociationDues, Feas, and Assessments."
NEWYORK..eingieFemllyfansdaMaurFreddia INSTRUMENT Formoons1/at
blesU*sFORM 1phials s
0 isegM!cotOnline too.
Documents, Page 1 of 10 casi
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V1 WeCD LoAN it
Transfer." "ElectronioFundsTransfer"means
(L) "Electronlo Funds any transferof money, otherthan by cheek,draft,
or elmilar paper Instrument, which Is Initiated through an electronic terminal, telephonlo instrument, computer. or
rnegnetictape so meto order, instruct, or euthorizea financialinstRutlonto debit or oredit an account Some common
exatnplesof an ElectronioPundsTransferare po*mt-of-sele transferefwherea cardsuch es an assetordebit cardis used
at a merchant), automated teller machine (or ATM) trenmentians,transfereinitiated by 1elephone.wire transfers, arid
automated cleasinghousetransfers. Iteme."
"Esorow Iteme." Those items that are decoribedin
(M) "MieselleneousProceede." Seollon3 will be called "Escrow
Proceede"
(N) "Miecellaneous meanseny compensation,settlement,award of damages,
orproceeds paid byany third party (otherthan InsuranceProceedsasdelinedin,andpeid under thecoverage described
in 8ection 5) for: (i) demage to, or destruction of, the Property;(iqCondemnationor other taking of all or any part of the
Property; 011)conveyanoe in lieu of Condemnation or eale to avoid Condemnation: or (iv) misrepresentations of, or
omissionsas to, the value and/or condition of the Property.A teldngof the Propertyby any govemmental authority by
eminentdomain is known as "Condemnation."
Insurance." "Mortgage Insurance"meeneInsuranceprotecting Landeragainst the nonpayment of, or
(0) "Mortgage
default on, the Loan.
Payment." The
(P) "Periodie regularly scheduledemountduefor
Payment" (1)principal and interestunder the Note, and (11)
any
amounts under Section S will be called "Periodio
"RESPA." "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. gasot at seq.) and Its
(Q)
implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
additional or successor leglelation or regulation that govems the eame subject matter, As used in this 8ecurity
"RESPA* refers to all requIrementsand restrictions that are imposed In regard to a "Ioderany related
Instrumentloan" loan" under RESPA.
mortgage even If the Loan does not qualify as a "federally relatedinortgage
BORROWER'GTRANSFERTO LENDEROF R1GHTBIN THE PROPERTY
I mortgage,grant and convey the Propertyto MERS(solelyas nomineefor Landerand Lender's suooessorein Intereet}
and its successors in Interestoubject to theterms of this Security instrument.This means that, by eigning this Securtly
Instrument,Iam giving Lenderthoserightsthetare slatedin1hisSecurityInstrumentandalsothoserights thatApplIceble
Lawgives to lenders who hold mortgageeon rest property. 1em giving Lender these righte to protect Londer from
possible losses that might result if I fall to:
(A) Payall the amounte that I owe Landeras statedInthe Noteincluding.but
'
not Ilmited10.aBrertewals.extensions
and modifications of the Note;
(B) Pay,with Interest, any emounts that Landerspends under this Security Instrument to protect the value of the
Property and Lender's rights In the Property:and
(C) Keep all of my other promises and agreernentsunder this Security Instrumentand the Note.
I underetend and agree that MERSholds only legal t11le to the dghts granted by me in this Security Instrument, but, it
necessaryto comply with fewor oustom. MERS(senomineefor t.enderand Lander's sunosesorsand assigns) has the
right:
(A) to exercise any orell of thoserights,including, butnot IImitedto, the right to foreoloseand sell the Property:and
(B) to take any action required of Lander including, but not Emitedto, releaelng and cancellng this Security
instrument.
DESCRIPTIONOF THE PROPERTY
I give MERS(eolely as nominee for Lenderand Leader'saucomesorsIn interest) right In the Property described In (A)
through (G) below:
(A) The Property which le tocated et 615 coBURN ST, R1mire ,
|ollWTownorVeaga|
IStreat]
New York 14904 ,
14 code:
This Property is In cUEMuNG County. It has the (allowing legal desorlption:
LEGALDE8oRIPTIoN AETAceBD
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FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 EXHIBIT L FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG AFFIDAVIT OF MERIT AND NEWREZ LLC D/B/A SHELLPOINT MORTGAGE AMOUNTS DUE SERVICING, Index No. 2020-5820 Plaintiff, vs. Property Address: 615 COBURN STREET, BETH A. FARR A/K/A BETH ANN FARR, ELMIRA, NY 14904 #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 corporations, if any, having or claiming an interest in or lien upon the premiscs, described in the complaint, Defendants. STATE OF Ó Î ) COUNTY OF S Î CO ) ss: I rYlIy- 116 . being duly sworn, deposes and says: I am empicycd as a/an 22 > of NBWREZ LLC F/K/A NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING ("Shelipeint"), ("PLAINTIFF"). As such, I am authorized to make this Affidavit. 1. This affidavit is issued at the request of Plaintiff and in support of the instant application for the appointment of a referee and for judgment of foreclosure and sale. 2. I make this affidavit based on my personal knowledge and my review of business records created and ±±~1 by Shellpoint in the ordinary and regular course of business by persons who have a basiñcss duty to make such records. These business records were created at or near the time by, or from information provided by, persons with lGcvelsdr.,s of the activity and 20-061420 - JoM FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 trmisâcticra reflected in such records. To the extent that the records for the subject loan were created by a prior servicer, those records have been verified for accuracy and incog=ted into Slielipsint's records in the regular course of business.Shelip-.int relies on the foregoing business records in the ordinary course of its business. 3, This is an action seeking to foreclose a mortgage upon residential property located at 615 COBURN STREET, ELMIRA, NY 14904 ("Premises"). 4. That, BETH A. FARR A/K/A BETH ANN FARR ("Borrowers"), executed a note in favor of FLAGSTAR BANK, FSB dated August 26, 2003 in the amount of $48,000.00 ("Note"). A copy ofthe Note is annexed hereto as Exhibit "A". 5. As security for the Note, BETH A. FARR A/K/A BETH ANN FARR, ("Mortgagors") exented a mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FLAGSTAR BANK, FSB, secured by the Premises, dated August 26, 2003, and recorded on September 08, 2003, in Instrument Number 200309080041 ("Mortgage"). A copy of the Mortgage is annexed hereto as Exhibit 6. The Mortgage was transferred to NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING and said transfer was memorialized by an Assignment of Mortgage executed on December 15, 2020. A copy of the assignment(s) is annexed hereto as Exhibit "C". 7. Plaintiff, or Plaintiff's agent, has been in possession of the Note since prior to the ===-ement of the action and is the entity entitled to enforce the Note. 8. The Note provided for repayment in monthly installments commencing on a date set forth therein and continuing thereafter on the same date of each subsequent month until the Note was paid. 20-061420 - JoM FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 9. Borrowers breached the obligations owed Plaintiff by failing to tender the installment which became due and paydble on June 01, 2020 and by failing to tender subsequent installments. That there is now due and owing to Plaintiff under said Note and Mortgage the principal sum of $33,830.54 with interest thereon from May 01, 2020, plus late charges, advâñces and any other charges due and owing pursuant to the terms of the Note and Martgage. 10. Due to the default in payments as described above, the Plaintiff has the right, pursuant to the Mortgage, to c==.22.a foreclosure proceediñgs. 11. I have personal Imcvdedge of Shellpoint's busiñess practice for generating and mailiñg Default Notices. The Default Notices are generated automatically using data from Shellpoint's loan servicing computer system which identifies loans that require said notices based on days of delinquêñcy and the abseñce of any e-1=ian, such as a bankruptcy or active loss mitigation plan. Default Notices are sent to any borrowers at the mailing address of record in the system via first class mail. Each notice is placed in an envelópe and postage is affixed and then delivered to a United States Post Office. This process is empicyed as part of Shelipciat's regular business practice as a mortgage loan servicer, and is designed to ensure timely mailing of notices to consumers with respect to loans serviced by Shellpoint. The loan records reflect that Shellpoint followed its standard practices with respect to the mailing of default notices in connection with the subject loan. 12. Pursuant to the terms of the note and mortgage, the default notice dated July 06, 2020, advised the borrower(s) of the default, the action necessary to cure the default, the time within which to cure said default and that failure to do so would result in accelendon of the mortgage obligation 13. My review of Shellpoint Mortgage Servicing's business records reveals that in accordance with the terms of the Mortgage, a Notice of Default was mailed on July 6, 2020, to 20-061420 - JoM FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 the property address and borrower's last known mailing address. A copy of said Notice of Default is attached as Exhibit "D". 14. As a result of the default, the amount presently due upon the Note and Mortgagc, as of March 11, 2021, is as follows: Unpaid Principal Balance as of 06/01/2020, the default date $33,830.54 Total Accrued Interest at 7.500% from 5/1/2020-3/11/2021 (*The interest amount provided $2,145.78 may be lessthan what is legally allowed) Accrued Late Charges $46.97 Insufficient Funds Fee $0.00 Escrew Advance Balance $3,444.72 Escrow Beginning Balance $1,887.58 Escrow Credits ($4,008.86) Advances for Insurance $1,027.00 Advances for Mortgage Insurance $0.00 Advances for Taxes $4,539.00 Corporate Advance Balance S410.00 BPOs $0.00 Appraisals $0.00 Property Inspections $145.00 Property Preservation $265.00 Unapplied Funds/Suspense $0.00 Total Due: $39,878.01 SPACE INTENTIONALLY LEFT BLANK 20-061420 - JoM FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 A copy ofShellpoint's business records I reviewed in compiling the above breakdown of the amcws:3 due and owing is annexed hereto as Exhibit "F". Subscribed and sworn to under the penalty of perjury this day of Åyua , 20_2L_. NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, By: Name: STATE OF.Ó -8 _ ) COUNTY OF 9 CCPS ) ss: On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared a 4 rnig,. -Eh Ma A , personally known to me or proved to me on the basis of satisfactory evidence to be the individnal(4whose nameM is (itre) subscribed to the within instrument and acknuwicdged to me that he/Rre/they executed the same in his/lierJthair capacity(fes), and that by his/her/their signatu-e(s) on the iñstranicat, the individual(k) or the person upon behalf of which the ind vidual)) acted, executed the instrument. BARBARA JOHNSON Notary Public NolaryPublic-Stateolhizona c oAn 8 My Commissioñ Expires: U 2. 23 Expires July 17, 2023 () 20-061420 - JoM FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 EXHIBIT A FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 V1 WBCD LOAN I NOTE AUGDet 26, 2003 ELMIRA, NEW TORK [Date) [City) [State] 615 COBURNST, E11sira, NY 14904 [Property Address] L BORROWER'S PROuiGE TO PAY In retum for a foan that I have received, I promise to pay U.S. $48 , 000. co (this amount Is asiled "Principal"), plue Interest, to the order of the Lander. The Lender 15 FLaosTAR BANK, FSB, A FBDERALLt citARTERBD SAVINGS BANR. I will make all payments under this Note in the form of cash, check or money order. or anyone who takes this Note by transfer and who I understand that the 1.ender may transfer this Note. The I.ender Holder." la entitled to receive payments under this Note is called the "Note 2. INTEREST Interest wig be charged on unpaid principal until the full amount of Principal has been pald. ! will pay interest at a yearly rate of 'r .500 t . The interest raterequired by this Section Eis the rate t wHIpay both beforeand after any default described in Section s(B) of this Note. 3. PAYMENTS (A) Time and Place of Peyments I will pay prinalpal and interest by making a payment every month. I wilt make my monthly payment on the 1st day of each month beginning on OCTOBER 1, 2005. Iwillmake these payments every month untHIhave paid allof the pht"•!=dinterestand any other charges described below that I may owe under this Note, Each monthly payment will be applied as of its acheduled due date and wilt be applied to interest before Principal, If, on sEPTEMBER 1, 2033 , I still owe amounts under this Note, I Date." will pay those amounts In fuAon that date. which is called the "Maturity I WMmake my monthly payments at 5251 coRPORATE DR TRDT, MI 4B1f98-2639 or at a different place if required by the Note Holder. (B) Arnount of Monthly Payments My monthly payment wN be in the amount of U.S. $335 . 62 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal atany IIme before they are due. A pay.ment of Prinalpal only is known as a "Prepayment."When lmake a Prepayment, twAltell the Note Holderin writing that Iam doing so. I may notdesignate a payment as a Prepayment It I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owounder thla Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment tb reduce the Principal amount of the Note. If I rnake a partial Prepayment, there wUIbe no changes in the due date or in the amount of my monthly payment.unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES It a law, whloh applies to this Ioan and which eats maximum loan chargencigrilnally iiitaiprsiad so that the interest or other loan charges collected or to be coBeated in connection wlth this loan exceed the permitted limita, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the aew"cd Ilmit; and (b) any sums already conected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a dlinot payment tdme. If a refund reduces Principaf, the reduction will be treated as a partial Prepayment. 5. BORROWEER'SFAILURETO PAY AG REQUIRED (A) Late Charge for Overdue Paymenia If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date itis due, I will pay a late charge to the Note Holder. The arnount of the charge wB be 2.000% of my overdue paymentof pnnolpalaadinte=et, I will pay this late charp pm.-:ptE/ but ordy ar.ca= each late payment (B) Default If I do not pay the full amount of each mortthly payment on the date It is due, I w$ be in default. (C) Notice of Default if I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immed'mtely the full emount of Principal which has not been paid and all the interest that I owe on that amount. Thatdate must be at least 30 days after the date on which the notit:e is malled to me or delivered tiy other means. (D) No Wolver By Note Holder Even If, at a time when I am In default, the Note Holder does not require me to pay immediately in full as cribed above, the Note Holder wlli still have the right to do so If ] am (n default at a later tirne Initials : NEWYORICFlXEDRATENott - anglsFamily- PannInNaWFreddleMacUNIFoRM the NT Fggm3233y31 o seasecoaonUne0acuments inc. Page .1of 2 PmocNYN0m 08-25-2003 11:27 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 . VI WacD LORN 9 (E) Payment of Note Holder's Coats and Expenses If theNote Holder has required me to pay immediately In fulLas described above, the Note Holder will havehtheright to be paid back by me Ibr all of Its costs and expenses In enforcing thle Note to the extent not prohibited by appilomble attorneys' law. Those expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicable tawrequires a different method, any notice that mustbe given to me under this Note will be given by delivering ft or by maIllng It by first olass mall to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing itby first olass mail to the Note Holder at the addreas stated in Section 8(A) above or at a different address it I am given a notlas of that different eddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fuHyand personally obligated to keep an of the promisee made in this Note, including the promise to pay thefullamount owed. Any person who Is a guaran tor, surety or endorser of this Note In also obligated to do these things. Any person who fakes overthese obligations, lootuding the obligations of a guarantor, surety or endorner of this Note, is also obligated to keep all of the promises madein this Note. The Note Holder may enforce its rights under this Note against each person individually or against ad of us together. This means that any one of us may be required to pay an of the amounts owed under this Note. 9. WAlVERS Iand any other person whohas 2:ganons under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Norder to demand payment of amounts due."Notice of Dishonor" means the right to require the Note ttolder to give notice to ottier persons that amounts due have not been paid. 10. UNIPORIUISECURED NOTE This Note is a uniform instrument with IImited variations in some jurisdictions. In addition to the protections given to the Note Hokier under this Note, a htortgage, Dead of Trust. or Security Deed (the "Seourity instrument"). dated the . same date as th(a Note, protects the Note Holder from possible tosses which might result If I do not keep the promises whichI makeIn this Note. That Security Instrument describes how and under what conditions Imay be rentilted to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are decorlbed as follows: Lender may require Immediate payment in full of all Sums Secured by this Seousy inskument If all or ny partof the Property, Qrlf any right in the Property,is sold ortransferred withoutlander's priorwrittsa pan::ission. If Borrower is not a natural person and a beneficial interest in Barrower is sold or transferred without Lander's prior written permission, I.ender also may require immediate payment in full However, this option shall not be exercised by Londer if such exercise is.prohibited by Appilcable Law, If I.ënder req±= !mmediate payment in fullunder this Section 16, Lander will give me a notloe which states this requirement, The notice will give me at least Godays to make the r ulred payment. The 30.day perlod will begin on the date the notice is given to rne in the manner required by ection 15 of thIs Security Instrument. If Idonot make therequired payment during thatperiod, Lander may act to enforce Its righte under this Security Instrument without giving me any further notice or demand for payment WITNESS THE HAND(S) AND 8EAL(B) OF THE UNDERBlGNED. . (seal) B81'R it FA [8Ign Odginal C ly] . NEWYORKFIMEDRATEltoTE- 8ingleFamily - FanniaMaa/Freddeo ManUMPoRet11!lBTRtIMENT Fong3A83yes OrllinoDocumeA Inc. o 1Ji99-2002 Page 2 of 2 o8-25-2003 11:27 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 EXHIBIT B FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 CHEMUNG COUNTY CLERK MORTGAGE Index Retprn To: Book 00000 Page 0000 FLAGSTAR BK 5151 CORPORATE DR No. Pages 0011 TROY MI 48098 Instrument MORTGAGE Date : 9/08/2003 Time : 10:47:26 Control # 200309080041 FARR BETH A REF # M CU 002409 FLAGSTAR BANK Employee ID CLERK2 MORTGAGE TAX MTG REC $ 38.00 MORTGAGE AMOUNT $ 48,000.00 REC SHEET $ 3.00 BASIC MTG $ 240.00 BASIC MORTGAGE TAX $ 240.00 SP ADD MTG 120.00 RMO - ST $ 4.75 SPEC ADDIT MTG TAX $ 120.00 RMO - CNTY $ 1.00 RMO-COMP R $ 14.25 $ .00 $ .00 $ .00 Total $ 360.00 Total: $ 421.00 STATE OF NEW YORK TRANSFER AMT CHEMUNG COUNTY CLERK THIS SHEET CONSTITUTES THE CLERK ENDORSEMENT TRANSFER AMT $ .00 REQUIRED BY SECTION 316-A (5) FOR THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH TRANFER TAX $ .00 CATHERINE HUGHES COUNTY CLERK 51A18511115111|A#R111 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 At ter Recording Return To: PraGBTAR BANK 5151. CoRPORATEDRIV8 TROT, Mr 48o9B FIBAL DDCUNBNTS,MAIL 820P W-530-3 V1 WBCDLOAN f Data] - AboveThieLinsForReserding (spmoe -. . -- + MORTGAGE MIN • WORDS USED OFTEN IN THIS DOCUMENT " Is dated AUGUST26 , 2003 , togetherwith at Riders (A) asecurity instrument Thledocument,which Instrument." to this document. will be called the "Security (B) "Borrower BETH A PARR okber , As HER SOLB & SEPARATEPROPERTY , whose address la 615 COBURN89, 51M3B4, NY 14904 , "I" sometimes will be called "Borrower" and sometimes simply or "me "MERS" is MostgageElectronloRegistrationSystems,Inc. MERSis a separatecorporation thatis (C) ao5ngsolely as anominee fortenderand Lander'ssuccessorsandassigns.MERSisorgen!::‡dond existingunderthelawsof Delaware, and has an address and telaphone number of P,0. Box 2028, Flint, MI 46501-2020, tel, (888) 679.MER8. FOR PURPOSESOF RECORDINGTHIS MORTGAGE,MERSIS THE MORTGAGEEOF RECORD. "Lander " FrAGSTARBANK PSB (D) , , will be called "Lander." Lander Ina corporation or associationwhich exlatsunder the laWeof UNITED STATEBOF AMERE CA. Londers address 18 $151 CoRPoRATEDR, TRoT HI 48o98-2639 . (E) "Note? The note tigned by Boneweranddaled Aumuse 26, 2003, wlBbe calledthe "Note The Note shows that I owe L.ender Polel'tr examT ExooSANDAllD 8o/108*********** ***************** **** *********** ****** * *** ****************.********a************ Doltars(U.S. $48,00c.00 ) plus interest and other amounts that may be payable.f havepromisedto pay this debtinPeriodio Paymentsand to pay the debt in full by asPTEMBElt 1, 2D33, F) "Property? The property thatia describedbelowiri the sectiontitled "Daserlptionof the Property,"wlil be calledthe Property." "1.oan." The "Loan" means thedebtevidenced theNote,plus interest,any prepaymentchargesand latecharges (G) by due under the Note. and aI1sumsdue under this Securityinstrument, plue interest. "Suma Secured." The emounts describedbelow Inthe sectionfltled "Barrower'sTransfertoLender of RightsIn the (H) Property" sometimes will be called the "Sums Secured." (1) "Riders All Riders attached to thle Security instrument that are signed by Borrowerwill be called "Riders The tollowing Riders are to be signed by Borrower [check box as appllqablej: C.JAdjustable Rate Rider I ICondominium Rider I ISecond Mome Rider ' E _IBalloon Rider I IPlanned UnitDevelopment Rider - Other(s) [speciftl I 71-4 Family Rider ]Blwealdy PaymentRider . (J) "Applicable Law All controlling appilcable federal, state and local statutes, regulations, ordinarican and administrative rules and ordere (that have the effect of law) as well as all applicable flnal. non-appealable, judiolal opinions will be called "Applicable Law." (10 "Comenunity Association bues, Fees, and Assesaments All dues. fees, assessmentsand other charges that are imposed on Borrower or the Property by a condominium assoolatton, homeowners association or similar organiza1lonwill be called "Community AssociationDues, Feas, and Assessments." NEWYORK..eingieFemllyfansdaMaurFreddia INSTRUMENT Formoons1/at blesU*sFORM 1phials s 0 isegM!cotOnline too. Documents, Page 1 of 10 casi o9-25-2003 11427 FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2021 V1 WeCD LoAN it Transfer." "ElectronioFundsTransfer"means (L) "Electronlo Funds any transferof money, otherthan by cheek,draft, or elmilar paper Instrument, which Is Initiated through an electronic terminal, telephonlo instrument, computer. or rnegnetictape so meto order, instruct, or euthorizea financialinstRutlonto debit or oredit an account Some common exatnplesof an ElectronioPundsTransferare po*mt-of-sele transferefwherea cardsuch es an assetordebit cardis used at a merchant), automated teller machine (or ATM) trenmentians,transfereinitiated by 1elephone.wire transfers, arid automated cleasinghousetransfers. Iteme." "Esorow Iteme." Those items that are decoribedin (M) "MieselleneousProceede." Seollon3 will be called "Escrow Proceede" (N) "Miecellaneous meanseny compensation,settlement,award of damages, orproceeds paid byany third party (otherthan InsuranceProceedsasdelinedin,andpeid under thecoverage described in 8ection 5) for: (i) demage to, or destruction of, the Property;(iqCondemnationor other taking of all or any part of the Property; 011)conveyanoe in lieu of Condemnation or eale to avoid Condemnation: or (iv) misrepresentations of, or omissionsas to, the value and/or condition of the Property.A teldngof the Propertyby any govemmental authority by eminentdomain is known as "Condemnation." Insurance." "Mortgage Insurance"meeneInsuranceprotecting Landeragainst the nonpayment of, or (0) "Mortgage default on, the Loan. Payment." The (P) "Periodie regularly scheduledemountduefor Payment" (1)principal and interestunder the Note, and (11) any amounts under Section S will be called "Periodio "RESPA." "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. gasot at seq.) and Its (Q) implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor leglelation or regulation that govems the eame subject matter, As used in this 8ecurity "RESPA* refers to all requIrementsand restrictions that are imposed In regard to a "Ioderany related Instrumentloan" loan" under RESPA. mortgage even If the Loan does not qualify as a "federally relatedinortgage BORROWER'GTRANSFERTO LENDEROF R1GHTBIN THE PROPERTY I mortgage,grant and convey the Propertyto MERS(solelyas nomineefor Landerand Lender's suooessorein Intereet} and its successors in Interestoubject to theterms of this Security instrument.This means that, by eigning this Securtly Instrument,Iam giving Lenderthoserightsthetare slatedin1hisSecurityInstrumentandalsothoserights thatApplIceble Lawgives to lenders who hold mortgageeon rest property. 1em giving Lender these righte to protect Londer from possible losses that might result if I fall to: (A) Payall the amounte that I owe Landeras statedInthe Noteincluding.but ' not Ilmited10.aBrertewals.extensions and modifications of the Note; (B) Pay,with Interest, any emounts that Landerspends under this Security Instrument to protect the value of the Property and Lender's rights In the Property:and (C) Keep all of my other promises and agreernentsunder this Security Instrumentand the Note. I underetend and agree that MERSholds only legal t11le to the dghts granted by me in this Security Instrument, but, it necessaryto comply with fewor oustom. MERS(senomineefor t.enderand Lander's sunosesorsand assigns) has the right: (A) to exercise any orell of thoserights,including, butnot IImitedto, the right to foreoloseand sell the Property:and (B) to take any action required of Lander including, but not Emitedto, releaelng and cancellng this Security instrument. DESCRIPTIONOF THE PROPERTY I give MERS(eolely as nominee for Lenderand Leader'saucomesorsIn interest) right In the Property described In (A) through (G) below: (A) The Property which le tocated et 615 coBURN ST, R1mire , |ollWTownorVeaga| IStreat] New York 14904 , 14 code: This Property is In cUEMuNG County. It has the (allowing legal desorlption: LEGALDE8oRIPTIoN AETAceBD