Preview
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
EXHIBIT A
Defendant
Any unknown heirs, devisees, distributees or Possible heir of the Estate of the late Sheila
successors in interest of the late Sheila Koop Koop aka Sheila M. Koop having died a
aka Sheila M. Koop, if living, and if any be resident of Herkimer County on November 4,
dead, any and all persons who are spouses, 2021. Said unknown heirs are being named due
widows, grantees, mortgagees, lienors, heirs, to their potential ownership interest in the
devisees, distributees, executors, administrators property being foreclosed.
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 Administrator and Heir of the Estate of Sheila
269 Conway Road Koop aka Sheila M. Koop who died on
Ohio, NY 13324 November 4, 2021, a resident of Herkimer
County.
John R. Koop, Jr. Heir of the Estate of Sheila Koop aka Sheila
143 Benbridge Avenue M. Koop who died on November 4, 2021, a
Warwick, RI 02888 resident of Herkimer County.
Frederick M. Koop Heir of the Estate of Sheila Koop aka Sheila
44 Sleepy Hollow Road M. Koop who died on November 4, 2021, a
East Greenwich, RI 02828 resident of Herkimer County.
LVNV Funding LLC Lienor by virtue of a judgment docketed
6801 S Cimarron; 424J August 18, 2021 in the amount of $3,066.50.
Las Vegas, NV 89113
Resurgent Receivables LLC Lienor by virtue of a judgment docketed May
55 Beattie Place; S110 24, 2022 in the amount of $1,806.76.
Greenville, SC 29601
United States of America by the Internal Named a Defendant by virtue of any unpaid
Revenue Service Estate Tax Liens, decedent being Sheila Koop
445 Broadway, Room 542 aka Sheila M. Koop who died on November 4,
Albany, NY 12207 2021, a resident of Herkimer County.
{9405006: }106658-1
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
New York State Department of Taxation and Named a Defendant by virtue of any unpaid
Finance Estate Tax Liens, decedent being Sheila Koop
340 E. Main Street aka Sheila M. Koop who died on November 4,
Rochester, NY 14604 2021, a resident of Herkimer County.
John Doe A fictitious name intending to represent tenants
269 Conway Road aka 269 Conway Rd and/or occupants of the mortgaged premises.
Ohio, NY 13324
{9405006: }106658-1
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
EXHIBIT B
Note(s):
Note from Sheila Koop aka Sheila M. Koop (now deceased) dated November 19, 2010, in the
original principal amount of $79,959.00 plus interest.
Mortgage(s):
Mortgage from Sheila Koop aka Sheila M. Koop (now deceased) to Mortgage Electronic
Registration Systems, Inc., as nominee for Embrace Home Loans, Inc., dated November 19, 2010,
in the original principal amount of $79,959.00, and recorded in the Office of the Clerk of the
County of Herkimer on November 29, 2010 in Instrument No. 2010-00162104.
Said Mortgage was assigned by an Assignment of Mortgage executed on February 27, 2014 and
recorded in the Office of the Clerk of the County of Herkimer on March 7, 2014 in Instrument No.
2014-00184314.
Consolidation(s) and/or Modification(s) (if applicable):
Said mortgage was modified by a Loan Modification Agreement dated November 13, 2014
executed by Sheila Koop aka Sheila M. Koop (now deceased) and recorded in the Office of the
Clerk of the County of Herkimer on May 20, 2015 in Instrument No. 2015-00191589. Said
Modification Agreement increases the principal balance of the debt to $76,337.48. The capitalized
amount is $994.79.
{9405006: }106658-1
FILED:of HERKIMER
9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
ac-m
NOTE
Multistate
I
November 19, 2010
Dalel
269 Conway Road, Ohior NY 13324
[PropertyAddress]
1. PARTIES
"Borrower" "Lender'
means each person signing at the end of this Note, and the person's successors and assigns. means
Embrace Home Loans, Inc,
and its successors and assigns.
,t
2. RORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal surn of seventy-nine thousand
nine hundred fifty-nine and 0D/100
I ..
Dollars (U.S. $ 79, 959.00 ), plus interest, to lhe order of Lender. laterest will he charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of four and three-quarters
percent ( 4.750 %) per year unlil 1he full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar securi1y ins1rument that is dated the sarne date
Instrument"
as this Note and called the "Security The Security Instrument protects the Lender from losses which might resuh if
Borrower defaults under this Note.
4. MANNER Of PAYMENT
(A) Tinie
Borrower sludl make a payment of principal and interest to Lender on the first day of each month begimming on
January 1 , 2011 . Any principal and interes1 remaining on the first day of December ,
Dale."
., 2040 , will be due on lhat date, which is called the "Maturity
(B) Place
Payment shall be made at 25 Enterprise Center, Newport, RI 02842
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and inlerest will be in the amoung of U S. $ 417.11 . This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in 1heSecurity hWrument.
I (D) Allonge to this Note for payment adjustments
It an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the aHonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box]
Graduated Paymeni Allonge Growing Equity Allonge Other [specify]
VMPs VMP1R (0809)
woliers8ruw Selvices
ofFinaheial , PageI of3
FILED:y f HERKIMER
9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
5. 110RROWER'S RIGIIT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Leader shall accept prepayment on other days provided that Borrower pays interes1 on the amouni prepaid for
the remainder of the month to the exicnt required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in Ihe due dale or in the amount of the monthly paymeni unless Leader agrees in
writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Chaite for Overdue Payments
If Leader has not received the full monthly payment required by the Securily Instrurnent, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a lale charge in the mnount
of two percent ( 2 . 000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly paynient, then Lender may, except as limited by regulations
of the Secretary in the case of payment defauhs, require immediate paymeng in full of the principal balance mmaining due and
all accrued interest. I ender may choose not to exercise this option withom waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secrciary will limit Lender's rights to require immediate paymem in
full in the case of payment defaults. This Nole does not authorize acceleration when not permitted by HUD regulations. As used
"Secretary"
in this Note, means the Secretary of llousing and Urban DevelopmenI or his or her designee.
(C) Payment of Costs and Expenses
If Leader has cequired immediate payment in full, as described above, Leader may require Borrower to pay costs and
attorneys'
expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
. 7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
"Presentment" dishonor"
dishonor. means the righl to req ire Lender lo denland payment of amounts due. "Notice of means the
right to require Lender to give notice to other persons that amounts due have not been paid.
I
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that musi be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Leader a notice of Borrower' s different address.
Any notice that must be given to Leader under this Note will be given by ficst class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of Ihat different address.
. 9. OBLIGATIONS OF PERSONS IJNDER T1115 N(YTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the prontises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,
surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note
may be required to
pay all of the amounts owed under this Note.
I
I
IllPPWP3WF 7703
FHAMutistate R.reNote
Fixed 10/95
VMP® · W PIR(0809)
Wolters
KFow
erFinancial
Services . . Page2d 3
FILED:f HERKIMER
9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
BY SIGNING BE1.OW, Borrower accepts and agrees to the terms and covenants con1ained in this Note.
(Seal) (Seal)
Sheila Koop -Borrower -Bormwer
y To Ordûr O
(Seal) (Seal)
2orrower
MTHOUT RECOU
NG LLC
(Seal) Jurb (seal)
-Borrower -Borrower
(Seal) (Seal)
sorrower .2ormwer
I
Ktuw
Wollers egFinancial
Servcoc 3 of3
Page
FILED:f HERKIMER
9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
ALLONGE O THE NOTE
Note Date November 19. 2010
Loan Amount. 79,959.00
Pay to the order of
Bank of
America, N.A.
brace He e Loan nc.
.
B N OF AMERICA NA
(Page 1
FILED: of HERKIMER
9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
M&TBank
Confirmation of Note Possession
Loan Number:
Date: 8/3/2023
Receiving Associate: Jennifer Pletcher
This coversheet is to serve as confirmation that the image behind it is a true and
accurate image of the original note. This is an image that was received by the
document custodian as the note is currently in their possession.
If you have any questions regarding this image, please reach out to Mortgage
Document Support at MortgageDocumentSupport@mtb.com.
Thank you,
Mortgage Document Support
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 Herkimer County RECEIVED NYSCEF: 11/30/2023
Honorable Sylvia M Rowan County Clerk
109 Mary Street Suite 1111
Instrument Number: 2010- 00162104
As
Recorded On: November 29, 2010 Mortgage
Parties: KOOP SHElLA
To
EMBRACE HOME LOANS INC Billable Pages: 10
Recorded By: MORTGAGE INFORMATION SERVICES INC Num Of Pages: 11
Comment:
** **
Examined and Charged as Follows:
Mortgage 90.00 Coversheet 5.00
Recording Charge: 95.00
Consideration
Amount Amount RS#/CS#
Tax-Mortgage 800.00 79,959.00 DB 1254 Basic 400.00
OHIO T/O Local 200.00 Special Additional 200.00
Additional 0.00 Transfer 0.00
Tax Charge: 800.0Ó
** **
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Herkimer County, NY
File Information: Record and Return To:
Document Number: 2010- 00162104 MORTGAGE INFORMATION SERVICES INC
Receipt Number: 147791 RECORDING DEPARTMENT
Recorded Date/Time: November 29, 2010 12:07:08P 4877 GALAXY PKWY STE I
Book-Vol/Pg: Bk-R VI-1379 Pg-133 CLEVELAND OH 44128-9924
Cashier / Station: C Acquaviva / Cashier Station 3
Sylvia M Rowan Herkimer County Clerk
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
Record & Return To:
Mortgage Information Services, Inc.
4877 Parkway, Suite I
Galaxy
Cleveland, OH 44128
Prepared By:
Gail Dunse
Embrace Home Loans, Inc.
25 Enterprise Center,
Newport, RI 02842
[Space Above This Line For Recording Datal
FHA Case No.
State of New York
MMT 6
M.LS. FILE NO 13
THIS MORTGAGE ("Security Instrument") is given on November 19, 2010
The Mortgagor is Sheila Koop
***This Premises is or will be improved byaa 1-2 Dwelling***
Family
whose address is 269 Conway Road, Ohio, NY 13324
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"),
Lender'
(solely as nominee for Lender, as hereinafter defined, and s successors and assigns), as mortgagee. MERS is
organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S.W. 34th
Avenue, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FOR
PURPOSES OF RECORDING TWS MORTGAGE, MERS IS THE MORTGAGE OF RECORD.
Embrace Home Loans , Inc . ,
("Lender") is organized and existing under the laws of Rhode Island, USA , and
has an address of 25 Enterprise Center, Newport, RI 02 842
. Borrower owes Lender the principal sum of
seventy-nine thousand nine hundred fifty-nine and 00/100
Dollars (U.S. $ 79, 959. 00 ).
This debt is evidenced
by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2040
. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
Section: Block: Lot: Unit:
7703
FHA New York Mortgage with MERS - 4/96
Wolters Kluw er Financial Services
VM P ®-4N(NY) (o712) Amended 2/01
Page1 of 8 Initials
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance
of Borrower's covenants and agreements underthis Security Instrument and the Note. For this purpose, Borrower
does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and
assigns) and to the successors and assigns of MERS, the following described property located in
Herkimer County, New York:
See Attached Exhibit A
which has the address of 269 Conway Road [Street]
Ohio [City), New York 13324 [Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be
"Property."
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's
successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or
canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these
Items" Funds."
items are called "Escrow and the sums paid to Lender are called "Escrow
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be
V M P ®-4 N(NY) (o712) Page2 of 8
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insuranceto be paid by Lender to the Secretary
premium or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship
for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control.
notify Borrower
Lender shall
of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
Initials
VMP®-4N(NY)(o712) Page3 of 8
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's
occupancy Property of the as a principal residence.
Security If this Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note
and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note
and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal
charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d)
of th
Preview
FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 EXHIBIT A Defendant Any unknown heirs, devisees, distributees or Possible heir of the Estate of the late Sheila successors in interest of the late Sheila Koop Koop aka Sheila M. Koop having died a aka Sheila M. Koop, if living, and if any be resident of Herkimer County on November 4, dead, any and all persons who are spouses, 2021. Said unknown heirs are being named due widows, grantees, mortgagees, lienors, heirs, to their potential ownership interest in the devisees, distributees, executors, administrators property being foreclosed. 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 Administrator and Heir of the Estate of Sheila 269 Conway Road Koop aka Sheila M. Koop who died on Ohio, NY 13324 November 4, 2021, a resident of Herkimer County. John R. Koop, Jr. Heir of the Estate of Sheila Koop aka Sheila 143 Benbridge Avenue M. Koop who died on November 4, 2021, a Warwick, RI 02888 resident of Herkimer County. Frederick M. Koop Heir of the Estate of Sheila Koop aka Sheila 44 Sleepy Hollow Road M. Koop who died on November 4, 2021, a East Greenwich, RI 02828 resident of Herkimer County. LVNV Funding LLC Lienor by virtue of a judgment docketed 6801 S Cimarron; 424J August 18, 2021 in the amount of $3,066.50. Las Vegas, NV 89113 Resurgent Receivables LLC Lienor by virtue of a judgment docketed May 55 Beattie Place; S110 24, 2022 in the amount of $1,806.76. Greenville, SC 29601 United States of America by the Internal Named a Defendant by virtue of any unpaid Revenue Service Estate Tax Liens, decedent being Sheila Koop 445 Broadway, Room 542 aka Sheila M. Koop who died on November 4, Albany, NY 12207 2021, a resident of Herkimer County. {9405006: }106658-1 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 New York State Department of Taxation and Named a Defendant by virtue of any unpaid Finance Estate Tax Liens, decedent being Sheila Koop 340 E. Main Street aka Sheila M. Koop who died on November 4, Rochester, NY 14604 2021, a resident of Herkimer County. John Doe A fictitious name intending to represent tenants 269 Conway Road aka 269 Conway Rd and/or occupants of the mortgaged premises. Ohio, NY 13324 {9405006: }106658-1 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 EXHIBIT B Note(s): Note from Sheila Koop aka Sheila M. Koop (now deceased) dated November 19, 2010, in the original principal amount of $79,959.00 plus interest. Mortgage(s): Mortgage from Sheila Koop aka Sheila M. Koop (now deceased) to Mortgage Electronic Registration Systems, Inc., as nominee for Embrace Home Loans, Inc., dated November 19, 2010, in the original principal amount of $79,959.00, and recorded in the Office of the Clerk of the County of Herkimer on November 29, 2010 in Instrument No. 2010-00162104. Said Mortgage was assigned by an Assignment of Mortgage executed on February 27, 2014 and recorded in the Office of the Clerk of the County of Herkimer on March 7, 2014 in Instrument No. 2014-00184314. Consolidation(s) and/or Modification(s) (if applicable): Said mortgage was modified by a Loan Modification Agreement dated November 13, 2014 executed by Sheila Koop aka Sheila M. Koop (now deceased) and recorded in the Office of the Clerk of the County of Herkimer on May 20, 2015 in Instrument No. 2015-00191589. Said Modification Agreement increases the principal balance of the debt to $76,337.48. The capitalized amount is $994.79. {9405006: }106658-1 FILED:of HERKIMER 9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 ac-m NOTE Multistate I November 19, 2010 Dalel 269 Conway Road, Ohior NY 13324 [PropertyAddress] 1. PARTIES "Borrower" "Lender' means each person signing at the end of this Note, and the person's successors and assigns. means Embrace Home Loans, Inc, and its successors and assigns. ,t 2. RORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal surn of seventy-nine thousand nine hundred fifty-nine and 0D/100 I .. Dollars (U.S. $ 79, 959.00 ), plus interest, to lhe order of Lender. laterest will he charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of four and three-quarters percent ( 4.750 %) per year unlil 1he full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar securi1y ins1rument that is dated the sarne date Instrument" as this Note and called the "Security The Security Instrument protects the Lender from losses which might resuh if Borrower defaults under this Note. 4. MANNER Of PAYMENT (A) Tinie Borrower sludl make a payment of principal and interest to Lender on the first day of each month begimming on January 1 , 2011 . Any principal and interes1 remaining on the first day of December , Dale." ., 2040 , will be due on lhat date, which is called the "Maturity (B) Place Payment shall be made at 25 Enterprise Center, Newport, RI 02842 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and inlerest will be in the amoung of U S. $ 417.11 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in 1heSecurity hWrument. I (D) Allonge to this Note for payment adjustments It an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the aHonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] Graduated Paymeni Allonge Growing Equity Allonge Other [specify] VMPs VMP1R (0809) woliers8ruw Selvices ofFinaheial , PageI of3 FILED:y f HERKIMER 9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 5. 110RROWER'S RIGIIT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Leader shall accept prepayment on other days provided that Borrower pays interes1 on the amouni prepaid for the remainder of the month to the exicnt required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in Ihe due dale or in the amount of the monthly paymeni unless Leader agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Chaite for Overdue Payments If Leader has not received the full monthly payment required by the Securily Instrurnent, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a lale charge in the mnount of two percent ( 2 . 000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly paynient, then Lender may, except as limited by regulations of the Secretary in the case of payment defauhs, require immediate paymeng in full of the principal balance mmaining due and all accrued interest. I ender may choose not to exercise this option withom waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secrciary will limit Lender's rights to require immediate paymem in full in the case of payment defaults. This Nole does not authorize acceleration when not permitted by HUD regulations. As used "Secretary" in this Note, means the Secretary of llousing and Urban DevelopmenI or his or her designee. (C) Payment of Costs and Expenses If Leader has cequired immediate payment in full, as described above, Leader may require Borrower to pay costs and attorneys' expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. . 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of "Presentment" dishonor" dishonor. means the righl to req ire Lender lo denland payment of amounts due. "Notice of means the right to require Lender to give notice to other persons that amounts due have not been paid. I 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that musi be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Leader a notice of Borrower' s different address. Any notice that must be given to Leader under this Note will be given by ficst class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of Ihat different address. . 9. OBLIGATIONS OF PERSONS IJNDER T1115 N(YTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the prontises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. I I IllPPWP3WF 7703 FHAMutistate R.reNote Fixed 10/95 VMP® · W PIR(0809) Wolters KFow erFinancial Services . . Page2d 3 FILED:f HERKIMER 9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 BY SIGNING BE1.OW, Borrower accepts and agrees to the terms and covenants con1ained in this Note. (Seal) (Seal) Sheila Koop -Borrower -Bormwer y To Ordûr O (Seal) (Seal) 2orrower MTHOUT RECOU NG LLC (Seal) Jurb (seal) -Borrower -Borrower (Seal) (Seal) sorrower .2ormwer I Ktuw Wollers egFinancial Servcoc 3 of3 Page FILED:f HERKIMER 9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 ALLONGE O THE NOTE Note Date November 19. 2010 Loan Amount. 79,959.00 Pay to the order of Bank of America, N.A. brace He e Loan nc. . B N OF AMERICA NA (Page 1 FILED: of HERKIMER 9) COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 M&TBank Confirmation of Note Possession Loan Number: Date: 8/3/2023 Receiving Associate: Jennifer Pletcher This coversheet is to serve as confirmation that the image behind it is a true and accurate image of the original note. This is an image that was received by the document custodian as the note is currently in their possession. If you have any questions regarding this image, please reach out to Mortgage Document Support at MortgageDocumentSupport@mtb.com. Thank you, Mortgage Document Support FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 Herkimer County RECEIVED NYSCEF: 11/30/2023 Honorable Sylvia M Rowan County Clerk 109 Mary Street Suite 1111 Instrument Number: 2010- 00162104 As Recorded On: November 29, 2010 Mortgage Parties: KOOP SHElLA To EMBRACE HOME LOANS INC Billable Pages: 10 Recorded By: MORTGAGE INFORMATION SERVICES INC Num Of Pages: 11 Comment: ** ** Examined and Charged as Follows: Mortgage 90.00 Coversheet 5.00 Recording Charge: 95.00 Consideration Amount Amount RS#/CS# Tax-Mortgage 800.00 79,959.00 DB 1254 Basic 400.00 OHIO T/O Local 200.00 Special Additional 200.00 Additional 0.00 Transfer 0.00 Tax Charge: 800.0Ó ** ** THIS PAGE IS PART OF THE INSTRUMENT I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Herkimer County, NY File Information: Record and Return To: Document Number: 2010- 00162104 MORTGAGE INFORMATION SERVICES INC Receipt Number: 147791 RECORDING DEPARTMENT Recorded Date/Time: November 29, 2010 12:07:08P 4877 GALAXY PKWY STE I Book-Vol/Pg: Bk-R VI-1379 Pg-133 CLEVELAND OH 44128-9924 Cashier / Station: C Acquaviva / Cashier Station 3 Sylvia M Rowan Herkimer County Clerk FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 Record & Return To: Mortgage Information Services, Inc. 4877 Parkway, Suite I Galaxy Cleveland, OH 44128 Prepared By: Gail Dunse Embrace Home Loans, Inc. 25 Enterprise Center, Newport, RI 02842 [Space Above This Line For Recording Datal FHA Case No. State of New York MMT 6 M.LS. FILE NO 13 THIS MORTGAGE ("Security Instrument") is given on November 19, 2010 The Mortgagor is Sheila Koop ***This Premises is or will be improved byaa 1-2 Dwelling*** Family whose address is 269 Conway Road, Ohio, NY 13324 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), Lender' (solely as nominee for Lender, as hereinafter defined, and s successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FOR PURPOSES OF RECORDING TWS MORTGAGE, MERS IS THE MORTGAGE OF RECORD. Embrace Home Loans , Inc . , ("Lender") is organized and existing under the laws of Rhode Island, USA , and has an address of 25 Enterprise Center, Newport, RI 02 842 . Borrower owes Lender the principal sum of seventy-nine thousand nine hundred fifty-nine and 00/100 Dollars (U.S. $ 79, 959. 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2040 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, Section: Block: Lot: Unit: 7703 FHA New York Mortgage with MERS - 4/96 Wolters Kluw er Financial Services VM P ®-4N(NY) (o712) Amended 2/01 Page1 of 8 Initials FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements underthis Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in Herkimer County, New York: See Attached Exhibit A which has the address of 269 Conway Road [Street] Ohio [City), New York 13324 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be "Property." covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these Items" Funds." items are called "Escrow and the sums paid to Lender are called "Escrow Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be V M P ®-4 N(NY) (o712) Page2 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insuranceto be paid by Lender to the Secretary premium or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. notify Borrower Lender shall of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or Initials VMP®-4N(NY)(o712) Page3 of 8 FILED: HERKIMER COUNTY CLERK 11/30/2023 02:19 PM INDEX NO. EF2023-111085 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/30/2023 abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy Property of the as a principal residence. Security If this Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of th