On May 17, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
M&T Bank,
and
Cody J. Nichols,
John Doe,
Manufacturers And Traders Trust Company,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023
Exhibit I
{S318969: }
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
FILED : ERIE COUNTY CLERK 05 17 2 : 9
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE ____
M&T BANK, NOTICE OF PENDENCY
Plaintiff, Index No.:
v. MORTGAGED PREMISES:
8497 Heath Road
CODY J. NICHOLS, MANUFACTURERS AND Colden, NY 14033
TRADERS TRUST COMPANY, JOHN DOE,
SBL No.: 243.03-3-23.11
Defendants.
Mortgage Servicer:
M&T Bank
Telephone Number 1-716-343-6260
NOTICE IS HEREBY GIVEN, That an action has been commenced and is pending in
this Court upon a complaint of the above named plaintiff against the above named defendants for
the foreclosure of the following mortgage(s):
Mortgage from Cody J. Nichols to Mortgage Electronic Registration Systems, Inc., as nominee
for M&T Bank, dated August 17, 2016, in the original principal amount 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.
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FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
|FILED : ERIE COUNTY CLERK 05/17/2022 04:39 PM)
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the
foreclosure action, were, at the time of the commencement of action, and at the time of the filing
of this notice situate in the County of Erie in the State of New York, and are more particularly
"A."
described as set forth in the annexed Schedule
The Clerk of the County of Erie is directed to index this notice to the names of the
defendant(s).
Dated: May 5, 2022
Monroe County
Irondequoit, New York
Brettanie L. Hart Saxton Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintif
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
{8849894: }105180-1
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FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
FILED : ERIE COUNTY CLERK 05/17/2022 04:39 Pl
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022
Schedule A
Property Address:
8497 Heath Road
Colden, NY 14033
SBL No.: 243.03-3-23.11
ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New
York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey
bounded and described as follows;
BEGINNING at a point in the center line of the highway leading East from Colden Village, also
known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath
Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road;
THENCE Easterly and along the center line of said Heath Road 172 feet to a point;
THENCE Southerly at an interior angle of 91 degrees 03 minutes with the center line of said
Heath Road.205 feet to a point;
THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course
and parallel with the center line of said Heath Road 172 feet to a point;
THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course
and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the
point or place of BEGINNING
Subject to easements, covenants, and restriction of record.
{8849894:}105180-1
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Document Filed Date
August 08, 2023
Case Filing Date
May 17, 2022
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023 Exhibit I {S318969: } FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 FILED : ERIE COUNTY CLERK 05 17 2 : 9 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ____ M&T BANK, NOTICE OF PENDENCY Plaintiff, Index No.: v. MORTGAGED PREMISES: 8497 Heath Road CODY J. NICHOLS, MANUFACTURERS AND Colden, NY 14033 TRADERS TRUST COMPANY, JOHN DOE, SBL No.: 243.03-3-23.11 Defendants. Mortgage Servicer: M&T Bank Telephone Number 1-716-343-6260 NOTICE IS HEREBY GIVEN, That an action has been commenced and is pending in this Court upon a complaint of the above named plaintiff against the above named defendants for the foreclosure of the following mortgage(s): Mortgage from Cody J. Nichols to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank, dated August 17, 2016, in the original principal amount 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. {8849894:}l05180-1 1 of 3 FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 |FILED : ERIE COUNTY CLERK 05/17/2022 04:39 PM) NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022 AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the foreclosure action, were, at the time of the commencement of action, and at the time of the filing of this notice situate in the County of Erie in the State of New York, and are more particularly "A." described as set forth in the annexed Schedule The Clerk of the County of Erie is directed to index this notice to the names of the defendant(s). Dated: May 5, 2022 Monroe County Irondequoit, New York Brettanie L. Hart Saxton Esq. Woods Oviatt Gilman LLP Attorneys for Plaintif 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 {8849894: }105180-1 2 of 3 FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 FILED : ERIE COUNTY CLERK 05/17/2022 04:39 Pl NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/17/2022 Schedule A Property Address: 8497 Heath Road Colden, NY 14033 SBL No.: 243.03-3-23.11 ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey bounded and described as follows; BEGINNING at a point in the center line of the highway leading East from Colden Village, also known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road; THENCE Easterly and along the center line of said Heath Road 172 feet to a point; THENCE Southerly at an interior angle of 91 degrees 03 minutes with the center line of said Heath Road.205 feet to a point; THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course and parallel with the center line of said Heath Road 172 feet to a point; THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the point or place of BEGINNING Subject to easements, covenants, and restriction of record. {8849894:}105180-1 3 of 3