Preview
FILED:
ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
0 6/ 08 /2021 03:05
10 : 58 PM
AM|
INDEX
INDEX NO.
NO. EF21-314
EF21-314
[
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
10 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/08/2021
10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
X
NATIONSTAR MORTGAGE LLC D/B/A MR. SUMMONS
COOPER
Plaintiff,
vs
INDEX #:
PATRICIA F. DURKEE, CORTLAND
COUNTY CLERK ORIGINAL FILED WITH THE
CLERK ON:
Defendant(s). MORTGAGED PREMISES:
8 Tobin Drive
Homer, NY 13077
SBL #: 66.50 - 03 - 17.000
X
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to
serve a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service of this
summons, exclusive of the day of service, or within thirty (30) days after completion of service where
service is made in any other manner than by personal delivery within the State. The United States of
America, if designated as a de6n Ant in this action, may answer or appear within sixty (60) days of
service hereof. In case of your failure to appear or answer, judgnent will be taken against you by default
for the relief demanded in the Complaint.
Cortland County is designated as the place of the trial. The basis of venue is the lecatien of the
mortgaged premises.
DATED: 5/19/21 /s/Austin R. Caster
GROSS POLOWY, LLC
Austin R. Caster, Esq.
Attorney forPlaintiff
1775 Wehrle Drive, Suite 100
2021306380
EF21-314 Williamsville, NY 14221
10/25/2021 03:05:57 PM
(7 16) 204-1700
EXHlBIT(S)
Elizabeth Larkin, County Clerk
2021297498
EF2M14
06/08/2021 10:58:53 AM
Pages 1
SUMMONS
Elizabeth Larkin, County Clerk
1 of 1
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
06/08/2021 03:05
10 : 58 PM
AM)
INDEX
INDEX NO.
NO. EF21-314
EF21-314
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 10
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
06/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
X
NATIONSTAR MORTGAGE LLC D/B/A MR. COMPLAINT
COOPER
Plaintiff,
vs
MORTGAGED PREMISES:
PATRICIA F. DURKEE,CORTLAND 8 Tobin Drive
COUNTY CLERK Homer, NY13077
SBL #: 66.50 - 03 - 17.000
Defendant(s).
X
The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the
Defendant(s)allegesuponinformationandbeliefasfollows:
1. Plaintiff; NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER is a limited
liability company organized under the laws of Delaware and is the holder of the subject note and
mortgagewith delegated authority to institute this action.
2. On or about January 28, 2005, Patricia F. Durkee ("Borrower") executed and
delivered a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as mortgagee,
as nominee for KeyBank National Association, its successors and assigns in the amount of
$98,000.00 recorded on February 3, 2005 in Instrument Number 1033133-001 ("Subject
Mortgage"). The Subject Mortgage is attached hereto as Schedule A.
3. The Subject Mortgage was subseqüéñtly assigned from Mortgage Electronic
Registration Systems, Inc., as mortgagee, as nominee for KeyBank National Association, its
successors and assigns to Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing, LP via an Assigme_t of Mortgage dated
November 4, 2011 and recorded November 17, 2011 at Instrument Number 2011-05864 ("First
Assignment of Mortgage"). A copy of the First Assignment of Mortgage is attached hereto as
Schedule B.
4. The Subject Mortgage was subsequently assigned from Bank of America, N.A. to
Federal National Mortgage Association via an Assigment of Mortgage dated October 5, 2012
and recorded October 12, 2012 at Instrument Number 2012-05694 ("Second Assignment of
Mortgage"). A copy of the Second Assignment of Mortgage isattached hereto as Schedule C.
5. The Subject Mortgage was subsequently assigned from Bank of America, N.A. to
Federal National Mortgage Association via an Assignment of Mortgage dated October 5, 2012
and recorded November 13, 2012 at Instrument Number 2012-07504 ("Third Assignment of
Mortgage"). A copy of the Third Assignment of Mortgage is attached hereto as Schedule D.
2021297498
EF21-314
06/08/2021 10:58:53 AM
Pages 52
be rkin, County Clerk
1 of 52
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
06/08/2021 03:05
10 : 58 PM
AM)
INDEX
INDEX NO.
NO. EF21-314
EF21-314
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 10
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
06/08/2021
This repetitive assigned appears to correct an error in the mortgage chain in the Second
Assignment.
6. On March 8, 2017, the Borrower executed a Loan Modification Agreement dated
February 28, 2017 ("Loan Modification"). The Loan Modification was recorded June 29, 2017 at
Instrument Number 2017-03014. A copy of the Loan Modification is attached hereto as
Schedule E.
7. The Subject Mortgage was subsequently assigned from Federal National Mortgage
Association to Plaintiff Nationstar Mortgage LLC d/b/a Mr. Cooper via an Assignment of
Mortgage dated December 18, 2019 and recorded December 26, 2019 at Instrument Number
2019-06255 ("Fourth Assignment of Mortgage"). A copy of the Fourth Assignment of Mortgage
is attached hereto as Schedule F.
8. The mortgaged property is known as 8 Tobin Drive, Homer, NY 13077. The tax map
designation is Section 66,50 Block 03 Lot 17,000, The property is more fully described in the
legal description attached hereto as Schedule G.
9. A judgment will not affect a person or persons not in being or ascertained at the
commcacement of this action, who by any contingency contained in a devise or grant or
otherwise, could afterward become entitled to a beneficial estate or interest in the property
involved.
10. No personal claim is made in this action against any Defendant other than a
Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in this Complaint.
11. Upon information and belief all the defendant(s) herein have or claim to have some
interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if
any, has accrued subsequent to the lien of Plaintiff's mortgage, or has been paid or equitably
subordinated to Plaintiff's mortgage, or has been duly subordinated thereto. A full list of
defendants is attached hereto as Schedule H.
12. That the legal description in Mortgage recorded on February 3, 2005 in Instrument
Number 1033133-001 in the Office of the Cortland County Clerk and Loan Modification
recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland
County Clerk contained an error to wit: The legal description attached to the mortgage and
recorded loan modification is erroneous because the situate clause on the legal should be
replaced with "That tract or parcel of land situate in the Village and Town of Homer, County of
"degrees"
Cortland and State of New York, and being bounded and described as follows:"; in
"or"
lines four and six through nine should be replaced with the degree symbol; in line ten should
""
be replaced with "and"; should be added to the acreage amount. Additionally, the 2nd, 3rd,
and 5th paragraphs referencing public use of land, and a survey map are missing, Additionally,
the legal description in Loan Modification recorded on June 29, 2017 in Instrument Number
2017-03014 in the Office of the Cortland County Clerk contained an error to wit: The legal
description attached to the recorded loan modification is erroneous because the feet symbol
"7" " '
pulled as and should be revised to read ".
2 of 52
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
0 6 / 0 8 / 2 0 2 1 03:05
10 : 58 PM
AM)
INDEX
INDEX NO.
NO. EF21-314
EF21-314
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 10
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
06/08/2021
13. Plaintiff hereby requests reformation of the Mortgage recorded on February 3, 2005
in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan
Modification recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the
Cortland County Clerk by Order of this Court as contained in a clause in the judgment stating the
following:
ORDERED, that the legal description in the Mortgage recorded on February 3, 2005
in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan
Modification recórded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the
Cortland County Clerk is hereby reformed so that the property reads as follows:
That tract or parcel of land situate in the Village and Town of Homer, County of Cortland and
State of New York, and being bounded and described as follows:
83° 30'
Beginning in the North street line of Tobin Drive at a point located S E a distance of
82.50 feet from the intersection of said North street line of Tobin Drive with the East street line
06° 30'
of John Street; running thence N E a distance of 100.0 feet to a point; r=Lng thence S
83° 30' 06° 30'
E a distance of 82,50 feet to a point; running thence S Wa distance of 100.00 feet
30'
to a point in the North street line of Tobin Drive; running thence N 83°
W along the North
line of Tobin Drive a distance of 82.50 feet to the point and place of beginning and containing
0.19± acres of land.
There is also conveyed herewith all the land adjaceñt to the above described premises on the
south to the centerline of Tobin Drive subject to the rights of the public to use the same for street
or highway purposes.
The above described premises consists of the westerly 40 feet of Lot 12 Block 2 and the easterly
42 1/2 feet of Lot 13 Block 2 as shown on the Pleasant View tract map made by D.B. Coleman,
L,S. and filed in the Cortland County Clerk's Office in August of 1954 as map #522.
A survey map of said premiscs made by Milton A. Greene, P.L.S. #42000 dated February 5,
1982 and revised April 11, 1986 is attached hereto and incorporated herein by reference thereto.
WHEREFORE, PLAINTIFF RESPECTFULLY REQUESTS:
a. Judgment amending the legal description in the Subject Mortgage recorded on
February 3, 2005 in Instrument Number 1033133-001 in the Office of the
Cortland County Clerk and Loan Modification recorded on June 29, 2017 in
Instrument Number 2017-03014 in the Office of the Cortland County Clerk;
b. That the Court award Plaintiff additional relief that is just, equitable and proper,
/s/Austin R. Caster
Austin R. Caster, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
3 of 52
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
06/08/2021 03:05
10 : 58 PM
AM)
INDEX
INDEX NO.
NO. EF21-314
EF21-314
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 10
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
06/08/2021
Schedule A- Subiect Mortgage
4 of 52
FILED:: CORTLAND
IFILED CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
06/08/2021 03:05
10 : 58 PM
AMI
INDEX
INDEX NO.
NO. EF21-314
EF21-314
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 10
2 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
0 6/08/2021
Elizabeth Larkin Instrument Number
*103313S001*
CORTLAND COUNTY CLERK
46 Greenbush Street, Suite 101
Cortland, NY 13045-3702
(607) 753-5021
Fax (607) 758-5500
No of Pages 18 Denvered By SECOLINK SETTLEMENT SERVI
Receipt No Retum To
1033133
KEY BANK NATIONAL ASSOCIATION
DATE 4900 TIEDEMAN ROAD
O2/03/2005
ou_n349.o433
BROOKLYN OH 44144
Time 11 22 AM
Document Type REGULAR MORTGAGE
Parties To Transacton DURKEE TO KEYBANK
Deed Information Mortnaçge Information
consideration
Mortgage.^mount $98,000 00
Transfer Tax
Basic Mtge Tax $400 00
RETT No Special Mtge Tax $245 00
Additional Mtge Tax
State of New York
Cortland County Clerk Mortgage Serial No CVO7051
This sheet constitutes the Clerk endorsement required on 316-A(5) & Section
by Sect 319 of the Real
Property Law of the State of New York DO NOT DETACH
5 of 52
FILED:
FILED: CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 10/25/2021
06/08/2021 03:05
10:58 PM
AM)
INDEX
INDEX NO.
NO. EF21-314
Preview
FILED: ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 0 6/ 08 /2021 03:05 10 : 58 PM AM| INDEX INDEX NO. NO. EF21-314 EF21-314 [ NYSCEF NYSCEF DOC. DOC. NO. NO. 1 10 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/08/2021 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND X NATIONSTAR MORTGAGE LLC D/B/A MR. SUMMONS COOPER Plaintiff, vs INDEX #: PATRICIA F. DURKEE, CORTLAND COUNTY CLERK ORIGINAL FILED WITH THE CLERK ON: Defendant(s). MORTGAGED PREMISES: 8 Tobin Drive Homer, NY 13077 SBL #: 66.50 - 03 - 17.000 X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a de6n Ant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgnent will be taken against you by default for the relief demanded in the Complaint. Cortland County is designated as the place of the trial. The basis of venue is the lecatien of the mortgaged premises. DATED: 5/19/21 /s/Austin R. Caster GROSS POLOWY, LLC Austin R. Caster, Esq. Attorney forPlaintiff 1775 Wehrle Drive, Suite 100 2021306380 EF21-314 Williamsville, NY 14221 10/25/2021 03:05:57 PM (7 16) 204-1700 EXHlBIT(S) Elizabeth Larkin, County Clerk 2021297498 EF2M14 06/08/2021 10:58:53 AM Pages 1 SUMMONS Elizabeth Larkin, County Clerk 1 of 1 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 06/08/2021 03:05 10 : 58 PM AM) INDEX INDEX NO. NO. EF21-314 EF21-314 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND X NATIONSTAR MORTGAGE LLC D/B/A MR. COMPLAINT COOPER Plaintiff, vs MORTGAGED PREMISES: PATRICIA F. DURKEE,CORTLAND 8 Tobin Drive COUNTY CLERK Homer, NY13077 SBL #: 66.50 - 03 - 17.000 Defendant(s). X The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s)allegesuponinformationandbeliefasfollows: 1. Plaintiff; NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER is a limited liability company organized under the laws of Delaware and is the holder of the subject note and mortgagewith delegated authority to institute this action. 2. On or about January 28, 2005, Patricia F. Durkee ("Borrower") executed and delivered a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for KeyBank National Association, its successors and assigns in the amount of $98,000.00 recorded on February 3, 2005 in Instrument Number 1033133-001 ("Subject Mortgage"). The Subject Mortgage is attached hereto as Schedule A. 3. The Subject Mortgage was subseqüéñtly assigned from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for KeyBank National Association, its successors and assigns to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP via an Assigme_t of Mortgage dated November 4, 2011 and recorded November 17, 2011 at Instrument Number 2011-05864 ("First Assignment of Mortgage"). A copy of the First Assignment of Mortgage is attached hereto as Schedule B. 4. The Subject Mortgage was subsequently assigned from Bank of America, N.A. to Federal National Mortgage Association via an Assigment of Mortgage dated October 5, 2012 and recorded October 12, 2012 at Instrument Number 2012-05694 ("Second Assignment of Mortgage"). A copy of the Second Assignment of Mortgage isattached hereto as Schedule C. 5. The Subject Mortgage was subsequently assigned from Bank of America, N.A. to Federal National Mortgage Association via an Assignment of Mortgage dated October 5, 2012 and recorded November 13, 2012 at Instrument Number 2012-07504 ("Third Assignment of Mortgage"). A copy of the Third Assignment of Mortgage is attached hereto as Schedule D. 2021297498 EF21-314 06/08/2021 10:58:53 AM Pages 52 be rkin, County Clerk 1 of 52 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 06/08/2021 03:05 10 : 58 PM AM) INDEX INDEX NO. NO. EF21-314 EF21-314 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 06/08/2021 This repetitive assigned appears to correct an error in the mortgage chain in the Second Assignment. 6. On March 8, 2017, the Borrower executed a Loan Modification Agreement dated February 28, 2017 ("Loan Modification"). The Loan Modification was recorded June 29, 2017 at Instrument Number 2017-03014. A copy of the Loan Modification is attached hereto as Schedule E. 7. The Subject Mortgage was subsequently assigned from Federal National Mortgage Association to Plaintiff Nationstar Mortgage LLC d/b/a Mr. Cooper via an Assignment of Mortgage dated December 18, 2019 and recorded December 26, 2019 at Instrument Number 2019-06255 ("Fourth Assignment of Mortgage"). A copy of the Fourth Assignment of Mortgage is attached hereto as Schedule F. 8. The mortgaged property is known as 8 Tobin Drive, Homer, NY 13077. The tax map designation is Section 66,50 Block 03 Lot 17,000, The property is more fully described in the legal description attached hereto as Schedule G. 9. A judgment will not affect a person or persons not in being or ascertained at the commcacement of this action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved. 10. No personal claim is made in this action against any Defendant other than a Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in this Complaint. 11. Upon information and belief all the defendant(s) herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of Plaintiff's mortgage, or has been paid or equitably subordinated to Plaintiff's mortgage, or has been duly subordinated thereto. A full list of defendants is attached hereto as Schedule H. 12. That the legal description in Mortgage recorded on February 3, 2005 in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan Modification recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland County Clerk contained an error to wit: The legal description attached to the mortgage and recorded loan modification is erroneous because the situate clause on the legal should be replaced with "That tract or parcel of land situate in the Village and Town of Homer, County of "degrees" Cortland and State of New York, and being bounded and described as follows:"; in "or" lines four and six through nine should be replaced with the degree symbol; in line ten should "" be replaced with "and"; should be added to the acreage amount. Additionally, the 2nd, 3rd, and 5th paragraphs referencing public use of land, and a survey map are missing, Additionally, the legal description in Loan Modification recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland County Clerk contained an error to wit: The legal description attached to the recorded loan modification is erroneous because the feet symbol "7" " ' pulled as and should be revised to read ". 2 of 52 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 0 6 / 0 8 / 2 0 2 1 03:05 10 : 58 PM AM) INDEX INDEX NO. NO. EF21-314 EF21-314 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 06/08/2021 13. Plaintiff hereby requests reformation of the Mortgage recorded on February 3, 2005 in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan Modification recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland County Clerk by Order of this Court as contained in a clause in the judgment stating the following: ORDERED, that the legal description in the Mortgage recorded on February 3, 2005 in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan Modification recórded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland County Clerk is hereby reformed so that the property reads as follows: That tract or parcel of land situate in the Village and Town of Homer, County of Cortland and State of New York, and being bounded and described as follows: 83° 30' Beginning in the North street line of Tobin Drive at a point located S E a distance of 82.50 feet from the intersection of said North street line of Tobin Drive with the East street line 06° 30' of John Street; running thence N E a distance of 100.0 feet to a point; r=Lng thence S 83° 30' 06° 30' E a distance of 82,50 feet to a point; running thence S Wa distance of 100.00 feet 30' to a point in the North street line of Tobin Drive; running thence N 83° W along the North line of Tobin Drive a distance of 82.50 feet to the point and place of beginning and containing 0.19± acres of land. There is also conveyed herewith all the land adjaceñt to the above described premises on the south to the centerline of Tobin Drive subject to the rights of the public to use the same for street or highway purposes. The above described premises consists of the westerly 40 feet of Lot 12 Block 2 and the easterly 42 1/2 feet of Lot 13 Block 2 as shown on the Pleasant View tract map made by D.B. Coleman, L,S. and filed in the Cortland County Clerk's Office in August of 1954 as map #522. A survey map of said premiscs made by Milton A. Greene, P.L.S. #42000 dated February 5, 1982 and revised April 11, 1986 is attached hereto and incorporated herein by reference thereto. WHEREFORE, PLAINTIFF RESPECTFULLY REQUESTS: a. Judgment amending the legal description in the Subject Mortgage recorded on February 3, 2005 in Instrument Number 1033133-001 in the Office of the Cortland County Clerk and Loan Modification recorded on June 29, 2017 in Instrument Number 2017-03014 in the Office of the Cortland County Clerk; b. That the Court award Plaintiff additional relief that is just, equitable and proper, /s/Austin R. Caster Austin R. Caster, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 3 of 52 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 06/08/2021 03:05 10 : 58 PM AM) INDEX INDEX NO. NO. EF21-314 EF21-314 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 06/08/2021 Schedule A- Subiect Mortgage 4 of 52 FILED:: CORTLAND IFILED CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 06/08/2021 03:05 10 : 58 PM AMI INDEX INDEX NO. NO. EF21-314 EF21-314 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 0 6/08/2021 Elizabeth Larkin Instrument Number *103313S001* CORTLAND COUNTY CLERK 46 Greenbush Street, Suite 101 Cortland, NY 13045-3702 (607) 753-5021 Fax (607) 758-5500 No of Pages 18 Denvered By SECOLINK SETTLEMENT SERVI Receipt No Retum To 1033133 KEY BANK NATIONAL ASSOCIATION DATE 4900 TIEDEMAN ROAD O2/03/2005 ou_n349.o433 BROOKLYN OH 44144 Time 11 22 AM Document Type REGULAR MORTGAGE Parties To Transacton DURKEE TO KEYBANK Deed Information Mortnaçge Information consideration Mortgage.^mount $98,000 00 Transfer Tax Basic Mtge Tax $400 00 RETT No Special Mtge Tax $245 00 Additional Mtge Tax State of New York Cortland County Clerk Mortgage Serial No CVO7051 This sheet constitutes the Clerk endorsement required on 316-A(5) & Section by Sect 319 of the Real Property Law of the State of New York DO NOT DETACH 5 of 52 FILED: FILED: CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 10/25/2021 06/08/2021 03:05 10:58 PM AM) INDEX INDEX NO. NO. EF21-314