Preview
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
LAKEVIEW LOAN SERVICING, LLC, SUMMONS
FORECLOSURE ACTION
Plaintiff,
Index No.:
v.
Mortgaged Premises:
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES 269 Conway Road aka 269
OR SUCCESSORS IN INTEREST OF THE LATE Conway Rd
SHEILA KOOP AKA SHEILA M. KOOP, IF LIVING, Ohio, NY 13324
AND IF ANY BE DEAD, ANY AND ALL PERSONS
WHO ARE SPOUSES, WIDOWS, GRANTEES, SBL No.: 078.1-2-19.2
MORTGAGEES, LIENORS, HEIRS, DEVISEES,
DISTRIBUTEES, EXECUTORS, ADMINISTRATORS,
OR SUCCESSORS IN INTEREST OF SUCH OF THEM
AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS,
DEVISEES, DISTRIBUTEES AND SUCCESSORS IN
INTEREST, ALL OF WHOM AND WHOSE NAMES
AND PLACES OF RESIDENCE ARE UNKNOWN TO
PLAINTIFF, MICHAEL C. KOOP, MICHAEL C. KOOP,
ADMINISTRATOR OF THE ESTATE OF SHEILA
KOOP AKA SHEILA M. KOOP, JOHN R. KOOP, JR.,
FREDERICK M. KOOP, LVNV FUNDING LLC,
RESURGENT RECEIVABLES LLC, UNITED STATES
OF AMERICA BY THE INTERNAL REVENUE
SERVICE, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, JOHN DOE,
Defendants.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and serve
a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service of this
Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner than by personal delivery within the State. The United
States of America, if designated as a defendant in this action, may answer or appear within sixty
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(60) days of service hereof. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
Herkimer County is designated as the place of trial. The basis of venue is the location of
the mortgaged premises.
NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: November 21, 2023
Monroe County
Rochester, New York Brettanie L. Hart Saxton, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
LAKEVIEW LOAN SERVICING, LLC, FORECLOSURE COMPLAINT
Plaintiff, Index No.:
v. Mortgaged Premises:
269 Conway Road aka 269
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES Conway Rd
OR SUCCESSORS IN INTEREST OF THE LATE Ohio, NY 13324
SHEILA KOOP AKA SHEILA M. KOOP, IF LIVING,
AND IF ANY BE DEAD, ANY AND ALL PERSONS SBL No.: 078.1-2-19.2
WHO ARE SPOUSES, WIDOWS, GRANTEES,
MORTGAGEES, LIENORS, HEIRS, DEVISEES,
DISTRIBUTEES, EXECUTORS, ADMINISTRATORS,
OR SUCCESSORS IN INTEREST OF SUCH OF THEM
AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS,
DEVISEES, DISTRIBUTEES AND SUCCESSORS IN
INTEREST, ALL OF WHOM AND WHOSE NAMES
AND PLACES OF RESIDENCE ARE UNKNOWN TO
PLAINTIFF, MICHAEL C. KOOP, MICHAEL C. KOOP,
ADMINISTRATOR OF THE ESTATE OF SHEILA
KOOP AKA SHEILA M. KOOP, JOHN R. KOOP, JR.,
FREDERICK M. KOOP, LVNV FUNDING LLC,
RESURGENT RECEIVABLES LLC, UNITED STATES
OF AMERICA BY THE INTERNAL REVENUE
SERVICE, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, JOHN DOE,
Defendants.
Plaintiff alleges:
1. Plaintiff is a limited liability company duly organized and existing under the laws
of the State of Delaware.
2. Upon information and belief, the Defendant(s) set forth above, hereinafter
collectively and individually referred to as "Defendant(s)", and as set forth in Exhibit "A" reside
at or have offices at the address set forth therein, and claim to have some interest in or lien upon
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the real property covered by the Mortgage. All of the Defendant(s)' interests are subordinate to
the Plaintiff's interest, and are made parties to this action in the capacities as alleged in Exhibit A
and for the purpose of foreclosing and extinguishing any other right, title, or interest said
Defendant(s) have in the subject Premises.
3. All agencies or instrumentalities of Federal, State and local government (by
whatever name designated) that are named as Defendant(s) in this action, are made parties solely
by reason of the material set forth in Exhibit "A", and for no other reason.
AS FOR A FIRST CAUSE OF ACTION
4. On or about November 19, 2010, Sheila Koop aka Sheila M. Koop (now deceased),
executed and delivered a certain Note or Notes wherein Sheila Koop aka Sheila M. Koop (now
deceased), promised to pay the sum of $79,959.00, plus interest, as more particularly described
and set forth in Exhibit "B" annexed hereto and made a part hereof (the Note or Notes set forth in
Exhibit "B" are collectively hereinafter referred to as the "Note"). A copy of the Note or evidence
thereof is attached hereto as Exhibit "B".
5. As security for repayment of the Note, Sheila Koop aka Sheila M. Koop (now
deceased), executed a mortgage or mortgages, as more particularly described and set forth in
Exhibit "B" annexed hereto and made a part hereof, as a lien upon real property commonly referred
to as 269 Conway Road aka 269 Conway Rd, Ohio, NY 13324 (the "Premises") (the mortgage or
mortgages set forth in Exhibit "B" are collectively hereinafter referred to as the "Mortgage"). Upon
information and belief, all applicable mortgage taxes were paid at the time of recording the
Mortgage. A copy of the Mortgage or Mortgages is attached hereto as Exhibit "B".
6. The Mortgage was subsequently assigned as more particularly described and set
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forth in Exhibit "B", annexed hereto and made a part hereof. A copy of the Assignment(s) of
Mortgage is attached hereto as Exhibit "B".
7. The Mortgage was subsequently modified, and/or consolidated, as more
particularly described and set forth in Exhibit "B", annexed hereto and made a part hereof. A copy
of the Loan Modification Agreement(s) and/or Consolidation, Extension, and Modification
Agreement(s) ("CEMA") is attached hereto as Exhibit "B". Upon information and belief, all
mortgage taxes have been paid on the capitalized amount or the mortgage taxes will be paid on the
capitalized amount prior to the entry of the Judgment of Foreclosure and Sale in compliance with
the New York Tax Law.
8. That the Defendant(s) Sheila Koop aka Sheila M. Koop (now deceased), have failed
and neglected to comply with the terms of said Note, Mortgage/Agreements, and/or said
instruments secured by said Mortgage by failing to repay the installment payments due on May 1,
2023 and subsequent payments.
9. There is now due and owing on the Note and Mortgage a principal balance of
$63,150.45 together with: accrued interest from April 1, 2023 at a rate of 4.375%, late charges,
monies advanced for taxes, assessments, insurance, inspection, maintenance and preservation of
the Premises, together with costs, allowances, expenses of sale, and reasonable attorney’s fees if
permitted by the terms of the Mortgage.
10. Plaintiff is the current Mortgagee of record of the Premises. The Premises is more
fully described in Exhibit "C" attached to this Complaint.
11. Plaintiff is the owner and holder of the subject Note and Mortgage, or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
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subject Note and Mortgage. The underlying Note was payable to the Plaintiff or indorsed
(specifically or in blank) and negotiated to the Plaintiff. Prior to the filing of this Complaint,
Plaintiff or Plaintiff's Agent was in possession and control of the original Note or evidence of
ownership of the original Note.
12. Plaintiff has sent notices as required by Real Property Actions and Proceedings Law
§1304, has complied with Real Property Actions and Proceeding Law §1306, unless exempt from
doing so, and the loan at issue in this action complied with the provisions of Banking Law §§ 595-
a, 6-l and 6-m, as applicable.
13. During the pendency of this action, the Plaintiff may be compelled to pay local
taxes, assessments, water rates, insurance premiums and other charges affecting the Premises. In
that event, the Plaintiff requests that such amounts with interest, should be added to the sum
secured by the Mortgage.
14. There are no other actions or pending proceedings at law to collect or enforce the
Note and mortgage.
AS AND FOR A SECOND CAUSE OF ACTION
15. Plaintiff repeats and reiterates each and every allegation contained in this
Complaint with the same force and effect as though fully set forth below.
16. Due to a typographical error, the legal description contained in the Mortgage
incorrectly recites "promises" and should recite "premises", and the Loan Modification Agreement
incorrectly recites "a distance of 0128.15'" and should recite "a distance of 28.15'" and omits the
excepting paragraphs.
17. Said documents otherwise correctly identified the subject premises and were
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correctly recorded and indexed by the Office of the Clerk of the County of Herkimer as a lien upon
the subject premises.
18. That the legal description annexed hereto as Exhibit “C” contains the full and
correct legal description of the subject premises.
19. Plaintiff hereby requests reformation of the legal descriptions contained in the
Mortgage and Loan Modification Agreement which is subject of this action to substitute the legal
description annexed hereto as Exhibit “C” in the place and stead of the legal descriptions contained
in said documents.
WHEREFORE, Plaintiff demands judgment:
(a) determining the amount due for principal, interest, taxes, insurance, costs,
reasonable attorneys' fees and other charges;
(b) declaring that the Defendants and all persons claiming an interest in the
property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity
of redemption in the mortgaged premises and fixtures;
(c) declaring that the mortgaged premises and fixtures be sold according to law;
(d) awarding the sale proceeds to the Plaintiff to the extent determined under
(a) above;
(e) declaring that any of the parties to this action may become a purchaser upon
such sale;
(f) appointing a Receiver of the rents and profits of the mortgaged premises;
(g) pursuant to Plaintiff’s second cause of action, reforming the legal
descriptions of the Mortgage recorded in the Office of the Clerk of the County of Herkimer on
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November 29, 2010 in Instrument No. 2010-00162104 and the Loan Modification Agreement
recorded in the Office of the Clerk of the County of Herkimer on May 20, 2015 in Instrument No.
2015-00191589;
(h) granting the Plaintiff such additional relief as is proper.
Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the
Mortgage.
Dated: November 21, 2023
Monroe County
Rochester, New York Brettanie L. Hart Saxton, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
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Preview
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER LAKEVIEW LOAN SERVICING, LLC, SUMMONS FORECLOSURE ACTION Plaintiff, Index No.: v. Mortgaged Premises: ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES 269 Conway Road aka 269 OR SUCCESSORS IN INTEREST OF THE LATE Conway Rd SHEILA KOOP AKA SHEILA M. KOOP, IF LIVING, Ohio, NY 13324 AND IF ANY BE DEAD, ANY AND ALL PERSONS WHO ARE SPOUSES, WIDOWS, GRANTEES, SBL No.: 078.1-2-19.2 MORTGAGEES, LIENORS, HEIRS, DEVISEES, DISTRIBUTEES, EXECUTORS, ADMINISTRATORS, OR SUCCESSORS IN INTEREST OF SUCH OF THEM AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF, MICHAEL C. KOOP, MICHAEL C. KOOP, ADMINISTRATOR OF THE ESTATE OF SHEILA KOOP AKA SHEILA M. KOOP, JOHN R. KOOP, JR., FREDERICK M. KOOP, LVNV FUNDING LLC, RESURGENT RECEIVABLES LLC, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, JOHN DOE, Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and serve a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty {9405006: }106658-1 1 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Herkimer County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: November 21, 2023 Monroe County Rochester, New York Brettanie L. Hart Saxton, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 {9405006: }106658-1 2 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER LAKEVIEW LOAN SERVICING, LLC, FORECLOSURE COMPLAINT Plaintiff, Index No.: v. Mortgaged Premises: 269 Conway Road aka 269 ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES Conway Rd OR SUCCESSORS IN INTEREST OF THE LATE Ohio, NY 13324 SHEILA KOOP AKA SHEILA M. KOOP, IF LIVING, AND IF ANY BE DEAD, ANY AND ALL PERSONS SBL No.: 078.1-2-19.2 WHO ARE SPOUSES, WIDOWS, GRANTEES, MORTGAGEES, LIENORS, HEIRS, DEVISEES, DISTRIBUTEES, EXECUTORS, ADMINISTRATORS, OR SUCCESSORS IN INTEREST OF SUCH OF THEM AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF, MICHAEL C. KOOP, MICHAEL C. KOOP, ADMINISTRATOR OF THE ESTATE OF SHEILA KOOP AKA SHEILA M. KOOP, JOHN R. KOOP, JR., FREDERICK M. KOOP, LVNV FUNDING LLC, RESURGENT RECEIVABLES LLC, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, JOHN DOE, Defendants. Plaintiff alleges: 1. Plaintiff is a limited liability company duly organized and existing under the laws of the State of Delaware. 2. Upon information and belief, the Defendant(s) set forth above, hereinafter collectively and individually referred to as "Defendant(s)", and as set forth in Exhibit "A" reside at or have offices at the address set forth therein, and claim to have some interest in or lien upon {9405006: }106658-1 3 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 the real property covered by the Mortgage. All of the Defendant(s)' interests are subordinate to the Plaintiff's interest, and are made parties to this action in the capacities as alleged in Exhibit A and for the purpose of foreclosing and extinguishing any other right, title, or interest said Defendant(s) have in the subject Premises. 3. All agencies or instrumentalities of Federal, State and local government (by whatever name designated) that are named as Defendant(s) in this action, are made parties solely by reason of the material set forth in Exhibit "A", and for no other reason. AS FOR A FIRST CAUSE OF ACTION 4. On or about November 19, 2010, Sheila Koop aka Sheila M. Koop (now deceased), executed and delivered a certain Note or Notes wherein Sheila Koop aka Sheila M. Koop (now deceased), promised to pay the sum of $79,959.00, plus interest, as more particularly described and set forth in Exhibit "B" annexed hereto and made a part hereof (the Note or Notes set forth in Exhibit "B" are collectively hereinafter referred to as the "Note"). A copy of the Note or evidence thereof is attached hereto as Exhibit "B". 5. As security for repayment of the Note, Sheila Koop aka Sheila M. Koop (now deceased), executed a mortgage or mortgages, as more particularly described and set forth in Exhibit "B" annexed hereto and made a part hereof, as a lien upon real property commonly referred to as 269 Conway Road aka 269 Conway Rd, Ohio, NY 13324 (the "Premises") (the mortgage or mortgages set forth in Exhibit "B" are collectively hereinafter referred to as the "Mortgage"). Upon information and belief, all applicable mortgage taxes were paid at the time of recording the Mortgage. A copy of the Mortgage or Mortgages is attached hereto as Exhibit "B". 6. The Mortgage was subsequently assigned as more particularly described and set {9405006: }106658-1 4 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 forth in Exhibit "B", annexed hereto and made a part hereof. A copy of the Assignment(s) of Mortgage is attached hereto as Exhibit "B". 7. The Mortgage was subsequently modified, and/or consolidated, as more particularly described and set forth in Exhibit "B", annexed hereto and made a part hereof. A copy of the Loan Modification Agreement(s) and/or Consolidation, Extension, and Modification Agreement(s) ("CEMA") is attached hereto as Exhibit "B". Upon information and belief, all mortgage taxes have been paid on the capitalized amount or the mortgage taxes will be paid on the capitalized amount prior to the entry of the Judgment of Foreclosure and Sale in compliance with the New York Tax Law. 8. That the Defendant(s) Sheila Koop aka Sheila M. Koop (now deceased), have failed and neglected to comply with the terms of said Note, Mortgage/Agreements, and/or said instruments secured by said Mortgage by failing to repay the installment payments due on May 1, 2023 and subsequent payments. 9. There is now due and owing on the Note and Mortgage a principal balance of $63,150.45 together with: accrued interest from April 1, 2023 at a rate of 4.375%, late charges, monies advanced for taxes, assessments, insurance, inspection, maintenance and preservation of the Premises, together with costs, allowances, expenses of sale, and reasonable attorney’s fees if permitted by the terms of the Mortgage. 10. Plaintiff is the current Mortgagee of record of the Premises. The Premises is more fully described in Exhibit "C" attached to this Complaint. 11. Plaintiff is the owner and holder of the subject Note and Mortgage, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the {9405006: }106658-1 5 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 subject Note and Mortgage. The underlying Note was payable to the Plaintiff or indorsed (specifically or in blank) and negotiated to the Plaintiff. Prior to the filing of this Complaint, Plaintiff or Plaintiff's Agent was in possession and control of the original Note or evidence of ownership of the original Note. 12. Plaintiff has sent notices as required by Real Property Actions and Proceedings Law §1304, has complied with Real Property Actions and Proceeding Law §1306, unless exempt from doing so, and the loan at issue in this action complied with the provisions of Banking Law §§ 595- a, 6-l and 6-m, as applicable. 13. During the pendency of this action, the Plaintiff may be compelled to pay local taxes, assessments, water rates, insurance premiums and other charges affecting the Premises. In that event, the Plaintiff requests that such amounts with interest, should be added to the sum secured by the Mortgage. 14. There are no other actions or pending proceedings at law to collect or enforce the Note and mortgage. AS AND FOR A SECOND CAUSE OF ACTION 15. Plaintiff repeats and reiterates each and every allegation contained in this Complaint with the same force and effect as though fully set forth below. 16. Due to a typographical error, the legal description contained in the Mortgage incorrectly recites "promises" and should recite "premises", and the Loan Modification Agreement incorrectly recites "a distance of 0128.15'" and should recite "a distance of 28.15'" and omits the excepting paragraphs. 17. Said documents otherwise correctly identified the subject premises and were {9405006: }106658-1 6 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 correctly recorded and indexed by the Office of the Clerk of the County of Herkimer as a lien upon the subject premises. 18. That the legal description annexed hereto as Exhibit “C” contains the full and correct legal description of the subject premises. 19. Plaintiff hereby requests reformation of the legal descriptions contained in the Mortgage and Loan Modification Agreement which is subject of this action to substitute the legal description annexed hereto as Exhibit “C” in the place and stead of the legal descriptions contained in said documents. WHEREFORE, Plaintiff demands judgment: (a) determining the amount due for principal, interest, taxes, insurance, costs, reasonable attorneys' fees and other charges; (b) declaring that the Defendants and all persons claiming an interest in the property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of redemption in the mortgaged premises and fixtures; (c) declaring that the mortgaged premises and fixtures be sold according to law; (d) awarding the sale proceeds to the Plaintiff to the extent determined under (a) above; (e) declaring that any of the parties to this action may become a purchaser upon such sale; (f) appointing a Receiver of the rents and profits of the mortgaged premises; (g) pursuant to Plaintiff’s second cause of action, reforming the legal descriptions of the Mortgage recorded in the Office of the Clerk of the County of Herkimer on {9405006: }106658-1 7 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2023 November 29, 2010 in Instrument No. 2010-00162104 and the Loan Modification Agreement recorded in the Office of the Clerk of the County of Herkimer on May 20, 2015 in Instrument No. 2015-00191589; (h) granting the Plaintiff such additional relief as is proper. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the Mortgage. Dated: November 21, 2023 Monroe County Rochester, New York Brettanie L. Hart Saxton, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 {9405006: }106658-1 8 of 8