Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
Exhibit L
{5318969: }
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, AFFIDAVIT IN SUPPORT OF
MOTION FOR DEFAULT
Plaintiff, JUDGMENT AND ORDER OF
REFÇRENCE
v.
CODY J. NICHOLS, MANUFACTURERS AND
TRADERS TRUST COMPANY, JOHN DOE, . Index No.: 805833/2022
Defendants. Mortgaged Premises:
8497 Heath Road
Colden, NY 14033
SBL No.: 243.03-3-23.11
STATE OF NEW YORK )
COUNTY OF ERIE . )ss.:
Summer , being duly sworn deposes and saysi.
Young
1. I am a(n) Assistant Vice President , a representative of M&T
Bank, Plaintiff in the above-captioned mortgage foreclosure action, As such, I am fhily familiar
with this case and submit this affidavit in support of Plaintiff's motion now before the court,
2. In the regular performance of my job functions, I am authorized to access M&T
Bank's business records for servicing mortgage loans. In connection with making this affidavit, I
have acquired personal knowledge of the matters stated herein by examining M&T Bank's business
records.
3. I have personal knowledgeofM&T Bank's record keeping practices and procedures
inchuling but not limited to creation, maintenance, storage, and retrieval of its business records.
M&T Bank's records include data compilations, electronically imaged documents, and other
File Name: Cody J. Nichols
Index No.: 805833/2022
2
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
computerized and paper records, which are made at or near the time of the transaction,
by persons
with knowledge of the transaction who have a business duty to make such records.
4. It is M&T Bank's standard practice in its mortgage
servicing business to make and
rely on these records, and store them in the ordinary course of its regularly conducted business
activity.
5. This is an action to foreclose the lien of a certain mortgage owned and held by
Plaintiff which encumbers certain real property and premises situate in the Town of Colden,
County of Erie and State of New which
York, has an address of 8497 Heath NY
Road, Colden,
14033, all as more fully described in the complaint in this action.
6. to the aforesaid
According business records, Cody J Nichols executed and delivered
a PromissoryNote dated August 17, 2016 to M&T Bank for the sum of $77,900.00 with interest
on the unpaid balance thereof to be computed at 3.875 percent per annum or such other variable
rate as provided for in said Note.
Promissory Acopy of the Note is attached at Exhibit
Promissory
"A".
7. As security for the payment of the Promissory Note, I Nichols, made and
Cody
delivered a mortgage date August
bearing 17, 2016, to secure the sum of$77,900.00 and recorded
in the Office of the Clerk of the County of Erie on August 17, 2016 in Book 13776 at page 8046
Said Mortgage was assigned by an Assignment of Mortgage executed on December 23, 2021 and
recorded in the Office of the Clerk of the County of Erie on January 3, 2022 in Book 14033 at page
4636. Upon information and J Nichols
belief, Cody is the record of the mortgaged
owner(s)
premises. A copy of the Mortgage and Assignment of Mortgage are attached hereto as Exhmit
File Name: Cody J. Nichols
Index No.: 805833/2022
3
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NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
8. M&T Bank is the holder of the subject Note, as defined by Article 3 of the New
York Uniform Commercial Code and is the mortgagee of record. M&T Bank is in possession of
the Promissory Note. M&T Bank is the original payee of the Promissory Note. Iconfirm that M&T
Bank had possession of the Promissory Note on 08/18/2016 . I confirm that
M&T Bank had possession of the Promissory Note on or before May 17, 2022, the date that this
action was commenced.
9. There is in fact a defhult under the terms and conditions of the note and mortgage,
because the September 1, 2021 and subsequent payments were not made. To date, the default has
not been cured.
10. I hereby certify and affirm that, in accordance with M&T Bank's standard business
practice and procedure and in compliance with RPAPL § 1304, a 90 Day Notice and a current list
of at least five (5) housing counseling agencies serving the county where the property is located
from the most recent listing available from the Department of Financial Services were mailed to
Cody J Nichols by certified and first class mail, in envelopes separate from any other notice to the
last known address of the borrower(s) at 8497 Heath Rd, Colden, NY 14033, and to 8497 Heath
Road, Colden, NY 14033 which is the residence that is the subject of the Mortgage. The 90 Day
Notices were mailed on August 24, 2021. A copy of the 90 Day Notices are attached hereto as
Exhibit "C".
1 l. I hereby certify and afBrm that within three business days of mailing the 90 Day
Notice, M&T Bank electmnically filed the notice with the Superintendent of Financial Services
File Name: Cody J. Nichols
Index No.: 805833/2022
4
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
on August 24, 2021 as required by RPAPL §1306(2) and confmnation number NYS5467877 was
issued. A copy of Proof of Filing Statement issued by the New York State Department of Financial
Services 90 Day Pre-Foreclosure Filings website is attached hereto as Exhibit "D".
12. I hereby certify and affirm that in accordance with M&T Bank's standard business
practice and procedure and the provisions of the Mortgage, a Notice of Default dated March 7,
2022 was mailed by first class mail to Cody J Nichols at 8497 Heath Rd, Colden, NY 14033-9701,
the notice address provided to M&T Bank by the mortgago11(s). The Notice of Default was mailed
on March 7, 2022. The default stated in said notice was not cured. A copy of the Notice of Default
is attached hereto as Exhibit "E".
13. The amount due and owing as of September 1, 2021 was: principal balance of
$70,452.24, together with interest thereon, escrow advances, and disbursements or fees due or to
become due.
14. The total amount due to Plaintiff, good through August 5, 2023 on account of the
mortgage indebtedness owed by the aforesaid defendant(s) and secured by the lien of the aforesaid
mortgage is the sum of $84,077.72 computed as follows:
PRINCIPAL BALANCE $70,452.24
(on date of default September 1, 2021)
INTEREST (From 8/1/21 to 8/5/23 $5,489.92
at 3.87500% per annum).
LATE CHARGES (Thru Expiration of Demand Letter) $36.65
TAXES $6,297.78
INSURANCE ADVANCES $1,517.00
File Name: Cody L Nichols
Index No.: 805833/2022
5
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
ESCROW CREDITS
($60.87)
INSPECTIONS $345.00
BALANCE DUE $84,077.72
GOOD THROUGH August 5. 2023
15. Interest continues to accrue at the rate of 3.87500% per annum.
16. In accordance with the terms of the
Promissory Note and Mortgage, Plaintiff may
advance additional monies for the payment of taxes, insurance, and/or the maintenance of the
premises in order to protect its security interest.
17. A copy of the Judgment Figures, EscNw and Corporate Advance breakdown, and
Payment History,establishingthe Borrower'sdefaultand amount due and owing referenced above,
is attached hereto as Exhibit "F".
18. The mortgaged premises consist of a one family residence located upon a single
parcel of land. It is therefore requested that
respectfully said premises be sold in one parcel and
the mortgage foreclosed herein provides for
being such a sale in a single parceL
M&T Bank
(Aifiant) Summer Young
Title: Assistant Vice President
&
Sworn to before me this
day of 20
206d lioà
Public
by
adh
Notary
AACHR A&MBE REMARD WEAVER
File Name: Cody L Nichols
NOTAR BC-STATE OF NEW You
Index No.: 805833/2022
No.0tRE M OM M
6
OvalifiedinNiagersCounty
Mycomm1enientapires06-22-2024
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023
"A"
EXHIBIT
File Name: Cody J. Nichols
Index No.: 805833/2022
File Name: Cody J. Nichols
Index No.: 805833/2022
11
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF
(FILED DOC.
:
NO. 83
ERIE COUNTY CLERK 05/1'//2022 04:39
RECEIVED
INDEX NYSCEF:
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NYSCEF DOC, NO. 3 . RECEIVED NYSCEF : 05 /17 / 2 0 2 2
Loan Number:M MIN:
NOTE
August 17, 2016 Getzville New York
pate) Ic4] [statel
8497 Heath Road
Colden, NY 14033
Paperty Addhes)
1. BORROWER'S PROMISE 10 PAY
In return for a loan that I have received, 1promise to pay U.S. $ 77,900.00 (this amount is called "Principal"),
plus interest, to the order of the Lender, The Lender is
M &T Bank
A Corporation .
I will make all payments uIder this Note in the form of cesh, check or money order.
I understand that the Londer may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payenents under this Note is called the "Note Holder
L INTEREST
Interest will be charged on unpaid principal until the full smount of Principal has been paid. I will pay irmerest at a yearly
rate of 3.875 %.
The interest rate required by this Section 2 18the rate I will pay both before and after any dehult described in Section 6(B)
of this Note.
3, PAYMENTS
(A) Time and FInce of Payments
I will pay principal and interest by makhig a payment everf month.
I will make my monthly payment an the 1st day of each month beginning on October 1, 2016 . I witt make these
payments every month until I have paid all of the principal and interest and any other charges described below that I may owe
ander this Note. Bach monthly payment will be applied as of its scheduled due date and will be plied to interest before
Principal. 4 on September I,, 2046 , I still awe amounts under this Note, I wilI pay those amounts in on that date, which
is called the "Maturity Date
I will make my monthly payments at M &T Bank
P. Os Box 62182 Baltimore, MD 21264 . or at a diffe ent place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 366.31 .
4, BORROWER'S RIGHT TO PitEPAY
I have the right to make payments of Principal at any time before they tre due. A payment of Principal only fa.known as a
"Prepayment." When I make a Prepayment, I will tell the Note ‰older in writing that I am doing so. ] may not designate a
payment as a Prepayment if I have not made all the monthly payments due ander theNote,
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepaynwnts to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the acerned and unpaid interest on the Papayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If ] make a partial Prepayment, there will be no thanges in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes,
NEWYOM FREDMTE N0tE - Sin$ Pamiy
JantriaMaeFreddis
MacLNFORMINSTRUMENT FormMallimi
VMP0 WPRQe) Ø302)
WollmsIWWer
Firrandal
Bar M Page1of4
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5, LOAN CHARGES
If a law, which applies to this loan and which sets medmum loan
charges, is fmally interpreted so that the interest or other
loan charges collected at to be collected in connection with this loan exceed the permitted limits, them:
(a) any such loan
charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums aheady
collected from me which exceeded permitted limits will be refimded to me. The Note Holder
may choose to.makethis refund by
reducing the Principal I owe under this Note or by making a direct payment to me.1f a refund reduces
Principal, the reduction
will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of
any monthly payment by the end of 15 calendar days afler
the date it is due, I will pay alate charge to the Note Holder, The - 1000
amount of the charge will be % of myoverdue
payment of principal and interest, I w( pay this Inte charge
promptly but only once on each fate payment.
(B) Deihult
If I do not pay the fu0 amount of each payment on the date it is due, I will be in default,
monthly
(C) Notfee of Default
If I sm in default, the Note Holder
may send me a written noff ce telling me that if I do not pay the overdue amount
certain date, the Note Holder by a
may Mquire me to pay immediately the fall amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at Ieast 30 days
after the date on which the notice is mailedto me or
deHvered by other means,
(D) No Walver By Note Holder
Even if, at a time when I am in default, the Note Holder does not requite meto
pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later
time.
(E) Payment of Note Holders Costs and Expenses
If the Note Holder has required me to
pay immediately in full as described above, the Note Holder will have the Eght to be
paid back by me fby a0 of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable Iaw. Those
expenses include, for example, reasonable attorneys' fees.
7, GIVING OF NOTICES
Unless applicable law requires a different
method, any nodce that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give
the Note
Holder a notice of my diferent address,
Any notice that must be given to the Note Holder under this Note win be given
by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section
3(A) above or at a diferent address if Iam given a notice of that
different address.
S. OBIJGATIONS OF PERSONS UNDER TEIIS NOTE
]f more than one person signs this Note, each person is
fully and personally obligated to keep all of the promises 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 thing. Any person who takes over these
obligations, including the obligations of a gnarentor,
surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce
its rights under this Note against each person or against all of us together. This means that
individually any one of us may be
required to pay all of the amounts owed under this Note.
9, WAIVERS
I and any other person who has obligations under this Note waive
"Presentment" the rights of Presentment and Notice of Dishonor.
means the right to requite the Note Holder to demand payment of amounts due. "Notice of
Dishonor means
the right to aquire the Note Holder to give notice to other persons that amounts due
have not been paidi
NEWYORKFNEoRATLNOTE, S|ngiafamiy" FenigMae/Fredis
MarUN]FORM RUTENT
IN5T
VMPa FemBE imi
Watere
KhwerPlanjal Services VlFM{NU (13D
Page2af4
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NYSCEF DOC. NO. 3 .. RECEIVED NYSCEF: 05/17 /2022
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in
some jurisdictions. In addh to the protections given to the
Note Holder under this Note, a
Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which
might result ifl do not leep the promises which Imakein this
Note. That Security Instrument densibes how and under what
canditions I may be required to maleimmediatepayment in full
of all amounts I owe under this Note. Some of these conditions are
described as follows:
Leader may require immediata payment in full of all Sums Secured
by this Security Instrument if a[lor any part of
the Property, or if any right in the Property, is sold or transferred without
Leader's prior writtea pemission. If
Borrower is not a natural person and a beneficial interest in Borrower is
sold or trarmferred without Lender's prior
written permission, Lender also may require immediate payment in full
However, this option shall not be exercised by
Lender if such exercise is prohibited by Applinable Law,
If Lender requires immediate payment in full under this Section 18,Lender
will give meanotice which states this
requirement, The notice will give me at least 30 days to make the required payment. The
30-day period will begin on
the date the notice is given to ne in the manner required
by Section 15 of this Security Instrument, If I do not make
the requimd payment during that
period, Lender may act to enforce its rights under this 5ecurity Intrament without
giving me any further notice or dernand for payment.
REMAINDER 0F PAGE INTENTIONALLY LEFTBLANK
5IGNATURE PAGE FOLLOWS.
NEWYORKF|XED RAT|iNOre- 8Igle Fami|r
- Faith Me]Fredd's
MaqIMlFDRMINFFRIJMl!NT
VMP@ F0lm3233
121
WatersKitutorF|Àmý| eardtes VMP6N(NY)
(1302)
Page3ed4
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NYSCEF DOC. NO. 3 RECEŠVED NYSCEF: 05/17/2022
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSMNED.
(Seal)
Co JNichols
-Boriswer
(Seal)
-Barrower
(Seal)
-Borrower
-Borrower
-Borrower
(Seal)
-Borrower
tseso
-Berrower
. . .. . (Sear)
-Barrower
{mgn Original Only)
Loan origination organization M &TBank
NMLS ID
Loan originator JustinR Transki
NMLS ID
NEWYORKREEDMTe NOTE- StrÆ Fam - Fedc ManneddaMacUNIFORM
]NSTRllMENT
VMP9 F0fM32331/01
Wdiersmuwar
Financial
serines PENOMpa
Page4of4
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FILED DOC. NO. 83 INDEX NYSCEF:
RECEIVED NO. 805833/2022
11/01/2023
: ERIE COUNTY CLERK 05/17/2022 04 : $§ PM
NY SCEF DOC. NO. 3 RECE IVED NYSCEF: 05 /17 /2022
SIGNATURE/NAME AFFIDAVIT
DATE·
August 17, 2018
LOAN #:
BORROWER: Cody J Nichols
THIS 18 TO CERTIFY TFIAT MY LEGAL SIGNATURE IS AS WRITFEN AND TYPED BELOW.
(This signature must exactly match signatures on the Noin and Mortgage or Deed of Trust)
Cody J Nichols
(Pdnt or Type Name) Signature
(if applicable, cornplete the following.)
I AM ALSO KNOWN AS:
Nichols
Cody
(Print or Type Nane) Sgnatute
(Pdnt or Type Name)
(Pdnt or Type Narne) Signature
(Print or Type Name) S|gnature
(Print or Type Name) Signa1ure
(Print or Type Name) $ nature
(Pdnt or Type Name) S gnslure
(Pdri or Type Name) Signature
and that Cody Nichole are one and the same person.
-a (ases 6fo4
Paget efit .
VMPMedgaga he (ac)621-7291
Salt1thms,
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF
IFILED DOC.
: NO. 83COUNTY
ERIE CLERK 05/17/2022 0 4 : 39
RECEIVED
INDEXNYSCEF:
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805833/2022
PM)
NYSCEF DCC. NO. 3 RECEIVED NYSCEF: 05/17/2022
State of New York, County of ----_--
Sworn to bef re m this _ day of
Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 Exhibit L {5318969: } FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, AFFIDAVIT IN SUPPORT OF MOTION FOR DEFAULT Plaintiff, JUDGMENT AND ORDER OF REFÇRENCE v. CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, JOHN DOE, . Index No.: 805833/2022 Defendants. Mortgaged Premises: 8497 Heath Road Colden, NY 14033 SBL No.: 243.03-3-23.11 STATE OF NEW YORK ) COUNTY OF ERIE . )ss.: Summer , being duly sworn deposes and saysi. Young 1. I am a(n) Assistant Vice President , a representative of M&T Bank, Plaintiff in the above-captioned mortgage foreclosure action, As such, I am fhily familiar with this case and submit this affidavit in support of Plaintiff's motion now before the court, 2. In the regular performance of my job functions, I am authorized to access M&T Bank's business records for servicing mortgage loans. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by examining M&T Bank's business records. 3. I have personal knowledgeofM&T Bank's record keeping practices and procedures inchuling but not limited to creation, maintenance, storage, and retrieval of its business records. M&T Bank's records include data compilations, electronically imaged documents, and other File Name: Cody J. Nichols Index No.: 805833/2022 2 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 computerized and paper records, which are made at or near the time of the transaction, by persons with knowledge of the transaction who have a business duty to make such records. 4. It is M&T Bank's standard practice in its mortgage servicing business to make and rely on these records, and store them in the ordinary course of its regularly conducted business activity. 5. This is an action to foreclose the lien of a certain mortgage owned and held by Plaintiff which encumbers certain real property and premises situate in the Town of Colden, County of Erie and State of New which York, has an address of 8497 Heath NY Road, Colden, 14033, all as more fully described in the complaint in this action. 6. to the aforesaid According business records, Cody J Nichols executed and delivered a PromissoryNote dated August 17, 2016 to M&T Bank for the sum of $77,900.00 with interest on the unpaid balance thereof to be computed at 3.875 percent per annum or such other variable rate as provided for in said Note. Promissory Acopy of the Note is attached at Exhibit Promissory "A". 7. As security for the payment of the Promissory Note, I Nichols, made and Cody delivered a mortgage date August bearing 17, 2016, to secure the sum of$77,900.00 and recorded in the Office of the Clerk of the County of Erie on August 17, 2016 in Book 13776 at page 8046 Said Mortgage was assigned by an Assignment of Mortgage executed on December 23, 2021 and recorded in the Office of the Clerk of the County of Erie on January 3, 2022 in Book 14033 at page 4636. Upon information and J Nichols belief, Cody is the record of the mortgaged owner(s) premises. A copy of the Mortgage and Assignment of Mortgage are attached hereto as Exhmit File Name: Cody J. Nichols Index No.: 805833/2022 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 8. M&T Bank is the holder of the subject Note, as defined by Article 3 of the New York Uniform Commercial Code and is the mortgagee of record. M&T Bank is in possession of the Promissory Note. M&T Bank is the original payee of the Promissory Note. Iconfirm that M&T Bank had possession of the Promissory Note on 08/18/2016 . I confirm that M&T Bank had possession of the Promissory Note on or before May 17, 2022, the date that this action was commenced. 9. There is in fact a defhult under the terms and conditions of the note and mortgage, because the September 1, 2021 and subsequent payments were not made. To date, the default has not been cured. 10. I hereby certify and affirm that, in accordance with M&T Bank's standard business practice and procedure and in compliance with RPAPL § 1304, a 90 Day Notice and a current list of at least five (5) housing counseling agencies serving the county where the property is located from the most recent listing available from the Department of Financial Services were mailed to Cody J Nichols by certified and first class mail, in envelopes separate from any other notice to the last known address of the borrower(s) at 8497 Heath Rd, Colden, NY 14033, and to 8497 Heath Road, Colden, NY 14033 which is the residence that is the subject of the Mortgage. The 90 Day Notices were mailed on August 24, 2021. A copy of the 90 Day Notices are attached hereto as Exhibit "C". 1 l. I hereby certify and afBrm that within three business days of mailing the 90 Day Notice, M&T Bank electmnically filed the notice with the Superintendent of Financial Services File Name: Cody J. Nichols Index No.: 805833/2022 4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 on August 24, 2021 as required by RPAPL §1306(2) and confmnation number NYS5467877 was issued. A copy of Proof of Filing Statement issued by the New York State Department of Financial Services 90 Day Pre-Foreclosure Filings website is attached hereto as Exhibit "D". 12. I hereby certify and affirm that in accordance with M&T Bank's standard business practice and procedure and the provisions of the Mortgage, a Notice of Default dated March 7, 2022 was mailed by first class mail to Cody J Nichols at 8497 Heath Rd, Colden, NY 14033-9701, the notice address provided to M&T Bank by the mortgago11(s). The Notice of Default was mailed on March 7, 2022. The default stated in said notice was not cured. A copy of the Notice of Default is attached hereto as Exhibit "E". 13. The amount due and owing as of September 1, 2021 was: principal balance of $70,452.24, together with interest thereon, escrow advances, and disbursements or fees due or to become due. 14. The total amount due to Plaintiff, good through August 5, 2023 on account of the mortgage indebtedness owed by the aforesaid defendant(s) and secured by the lien of the aforesaid mortgage is the sum of $84,077.72 computed as follows: PRINCIPAL BALANCE $70,452.24 (on date of default September 1, 2021) INTEREST (From 8/1/21 to 8/5/23 $5,489.92 at 3.87500% per annum). LATE CHARGES (Thru Expiration of Demand Letter) $36.65 TAXES $6,297.78 INSURANCE ADVANCES $1,517.00 File Name: Cody L Nichols Index No.: 805833/2022 5 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 ESCROW CREDITS ($60.87) INSPECTIONS $345.00 BALANCE DUE $84,077.72 GOOD THROUGH August 5. 2023 15. Interest continues to accrue at the rate of 3.87500% per annum. 16. In accordance with the terms of the Promissory Note and Mortgage, Plaintiff may advance additional monies for the payment of taxes, insurance, and/or the maintenance of the premises in order to protect its security interest. 17. A copy of the Judgment Figures, EscNw and Corporate Advance breakdown, and Payment History,establishingthe Borrower'sdefaultand amount due and owing referenced above, is attached hereto as Exhibit "F". 18. The mortgaged premises consist of a one family residence located upon a single parcel of land. It is therefore requested that respectfully said premises be sold in one parcel and the mortgage foreclosed herein provides for being such a sale in a single parceL M&T Bank (Aifiant) Summer Young Title: Assistant Vice President & Sworn to before me this day of 20 206d lioà Public by adh Notary AACHR A&MBE REMARD WEAVER File Name: Cody L Nichols NOTAR BC-STATE OF NEW You Index No.: 805833/2022 No.0tRE M OM M 6 OvalifiedinNiagersCounty Mycomm1enientapires06-22-2024 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/01/2023 "A" EXHIBIT File Name: Cody J. Nichols Index No.: 805833/2022 File Name: Cody J. Nichols Index No.: 805833/2022 11 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF (FILED DOC. : NO. 83 ERIE COUNTY CLERK 05/1'//2022 04:39 RECEIVED INDEX NYSCEF: NO. 8 05 11/01/2023 833/ 2 02 2 PM) NYSCEF DOC, NO. 3 . RECEIVED NYSCEF : 05 /17 / 2 0 2 2 Loan Number:M MIN: NOTE August 17, 2016 Getzville New York pate) Ic4] [statel 8497 Heath Road Colden, NY 14033 Paperty Addhes) 1. BORROWER'S PROMISE 10 PAY In return for a loan that I have received, 1promise to pay U.S. $ 77,900.00 (this amount is called "Principal"), plus interest, to the order of the Lender, The Lender is M &T Bank A Corporation . I will make all payments uIder this Note in the form of cesh, check or money order. I understand that the Londer may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payenents under this Note is called the "Note Holder L INTEREST Interest will be charged on unpaid principal until the full smount of Principal has been paid. I will pay irmerest at a yearly rate of 3.875 %. The interest rate required by this Section 2 18the rate I will pay both before and after any dehult described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and FInce of Payments I will pay principal and interest by makhig a payment everf month. I will make my monthly payment an the 1st day of each month beginning on October 1, 2016 . I witt make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe ander this Note. Bach monthly payment will be applied as of its scheduled due date and will be plied to interest before Principal. 4 on September I,, 2046 , I still awe amounts under this Note, I wilI pay those amounts in on that date, which is called the "Maturity Date I will make my monthly payments at M &T Bank P. Os Box 62182 Baltimore, MD 21264 . or at a diffe ent place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 366.31 . 4, BORROWER'S RIGHT TO PitEPAY I have the right to make payments of Principal at any time before they tre due. A payment of Principal only fa.known as a "Prepayment." When I make a Prepayment, I will tell the Note ‰older in writing that I am doing so. ] may not designate a payment as a Prepayment if I have not made all the monthly payments due ander theNote, I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepaynwnts to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the acerned and unpaid interest on the Papayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If ] make a partial Prepayment, there will be no thanges in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, NEWYOM FREDMTE N0tE - Sin$ Pamiy JantriaMaeFreddis MacLNFORMINSTRUMENT FormMallimi VMP0 WPRQe) Ø302) WollmsIWWer Firrandal Bar M Page1of4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF F ILED DOC. : NO. 83COUNTY ERIE CLERK 0 5 /17/2022 RECEIVED NYSCEF: INDEX NO. 11/01/2023 0 4 : 39 PM) 805833/ 202 2 NYSCE F DOC . 110 . 3 RECE IVED NYSCEF: 0 5 / 17 / 2 0 2 2 5, LOAN CHARGES If a law, which applies to this loan and which sets medmum loan charges, is fmally interpreted so that the interest or other loan charges collected at to be collected in connection with this loan exceed the permitted limits, them: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums aheady collected from me which exceeded permitted limits will be refimded to me. The Note Holder may choose to.makethis refund by reducing the Principal I owe under this Note or by making a direct payment to me.1f a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days afler the date it is due, I will pay alate charge to the Note Holder, The - 1000 amount of the charge will be % of myoverdue payment of principal and interest, I w( pay this Inte charge promptly but only once on each fate payment. (B) Deihult If I do not pay the fu0 amount of each payment on the date it is due, I will be in default, monthly (C) Notfee of Default If I sm in default, the Note Holder may send me a written noff ce telling me that if I do not pay the overdue amount certain date, the Note Holder by a may Mquire me to pay immediately the fall amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at Ieast 30 days after the date on which the notice is mailedto me or deHvered by other means, (D) No Walver By Note Holder Even if, at a time when I am in default, the Note Holder does not requite meto pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holders Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the Eght to be paid back by me fby a0 of its costs and expenses in enforcing this Note to the extent not prohibited by applicable Iaw. Those expenses include, for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any nodce that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my diferent address, Any notice that must be given to the Note Holder under this Note win be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a diferent address if Iam given a notice of that different address. S. OBIJGATIONS OF PERSONS UNDER TEIIS NOTE ]f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises 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 thing. Any person who takes over these obligations, including the obligations of a gnarentor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person or against all of us together. This means that individually any one of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS I and any other person who has obligations under this Note waive "Presentment" the rights of Presentment and Notice of Dishonor. means the right to requite the Note Holder to demand payment of amounts due. "Notice of Dishonor means the right to aquire the Note Holder to give notice to other persons that amounts due have not been paidi NEWYORKFNEoRATLNOTE, S|ngiafamiy" FenigMae/Fredis MarUN]FORM RUTENT IN5T VMPa FemBE imi Watere KhwerPlanjal Services VlFM{NU (13D Page2af4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF FILED: DOC. ERIE NO. 83COUNTY RECEIVED NYSCEF: 11/01/2023 CLERK 05/17/2022 04:39 INDEX NO. 805833/2022 PM| NYSCEF DOC. NO. 3 .. RECEIVED NYSCEF: 05/17 /2022 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addh to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result ifl do not leep the promises which Imakein this Note. That Security Instrument densibes how and under what canditions I may be required to maleimmediatepayment in full of all amounts I owe under this Note. Some of these conditions are described as follows: Leader may require immediata payment in full of all Sums Secured by this Security Instrument if a[lor any part of the Property, or if any right in the Property, is sold or transferred without Leader's prior writtea pemission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or trarmferred without Lender's prior written permission, Lender also may require immediate payment in full However, this option shall not be exercised by Lender if such exercise is prohibited by Applinable Law, If Lender requires immediate payment in full under this Section 18,Lender will give meanotice which states this requirement, The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to ne in the manner required by Section 15 of this Security Instrument, If I do not make the requimd payment during that period, Lender may act to enforce its rights under this 5ecurity Intrament without giving me any further notice or dernand for payment. REMAINDER 0F PAGE INTENTIONALLY LEFTBLANK 5IGNATURE PAGE FOLLOWS. NEWYORKF|XED RAT|iNOre- 8Igle Fami|r - Faith Me]Fredd's MaqIMlFDRMINFFRIJMl!NT VMP@ F0lm3233 121 WatersKitutorF|Àmý| eardtes VMP6N(NY) (1302) Page3ed4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF FILED: DOC.ERIE NO. 83COUNTY RECEIVED INDEX NYSCEF: NO. 11/01/2023 CLERK 05/17/2022 04:39 PM) 805833/2022 NYSCEF DOC. NO. 3 RECEŠVED NYSCEF: 05/17/2022 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSMNED. (Seal) Co JNichols -Boriswer (Seal) -Barrower (Seal) -Borrower -Borrower -Borrower (Seal) -Borrower tseso -Berrower . . .. . (Sear) -Barrower {mgn Original Only) Loan origination organization M &TBank NMLS ID Loan originator JustinR Transki NMLS ID NEWYORKREEDMTe NOTE- StrÆ Fam - Fedc ManneddaMacUNIFORM ]NSTRllMENT VMP9 F0fM32331/01 Wdiersmuwar Financial serines PENOMpa Page4of4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF FILED DOC. NO. 83 INDEX NYSCEF: RECEIVED NO. 805833/2022 11/01/2023 : ERIE COUNTY CLERK 05/17/2022 04 : $§ PM NY SCEF DOC. NO. 3 RECE IVED NYSCEF: 05 /17 /2022 SIGNATURE/NAME AFFIDAVIT DATE· August 17, 2018 LOAN #: BORROWER: Cody J Nichols THIS 18 TO CERTIFY TFIAT MY LEGAL SIGNATURE IS AS WRITFEN AND TYPED BELOW. (This signature must exactly match signatures on the Noin and Mortgage or Deed of Trust) Cody J Nichols (Pdnt or Type Name) Signature (if applicable, cornplete the following.) I AM ALSO KNOWN AS: Nichols Cody (Print or Type Nane) Sgnatute (Pdnt or Type Name) (Pdnt or Type Narne) Signature (Print or Type Name) S|gnature (Print or Type Name) Signa1ure (Print or Type Name) $ nature (Pdnt or Type Name) S gnslure (Pdri or Type Name) Signature and that Cody Nichole are one and the same person. -a (ases 6fo4 Paget efit . VMPMedgaga he (ac)621-7291 Salt1thms, FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF IFILED DOC. : NO. 83COUNTY ERIE CLERK 05/17/2022 0 4 : 39 RECEIVED INDEXNYSCEF: NO. 11/01/2023 805833/2022 PM) NYSCEF DCC. NO. 3 RECEIVED NYSCEF: 05/17/2022 State of New York, County of ----_-- Sworn to bef re m this _ day of