Preview
FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023
STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT COUNTY OF ONEIDA NON-CARD
TRANSACTION
MARINER FINANCE, LLC
Plaintiff, SUMMONS
vs. Plaintiff s Address:
3214 Erie Blvd. E
Syracuse, New York 13214
WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN
DAWN BROWN
11516 N. Gage Road
Utica, New York 13502
Defendant(s).
The Basis of Venue is:
Defendant(s) reside(s) in: County of ONEIDA
Transaction took place in: County of ONEIDA
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the
day of service (or within 30 days after the service is complete if this Summons is not personally delivered to
you within the State of New York). In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
December 4, 2023
TREVETT CRISTO
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
P.O. Address and telephone number
500 Canal View Blyd., Suite 600
Rochester, New York 14623
(585) 325-5343
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STATE OF NEW YORK
SUPREME COURT COUNTY OF ONEIDA
MARINER FINANCE, LLC
COMPLAINT
Plaintiff,
vs.
WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN DAWN BROWN
Defendant(s).
Plaintiff, by the undersigned attorney, alleges:
(1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at
3214 Erie Blvd. E, Syracuse, New York 13214.
(2) That on or about April 12, 2022, the Defendant(s) entered into a Retail Installment Obligation with NEW
YORK SASH, 349 Oriskany Blvd., Whitesboro, NY 13492, whereby the Defendant agreed pursuant to said
Retail Installment Obligation, to pay $7,593.00 for purchases made thereunder, together with interest at
16.99% per annum all as set forth in the Retail Installment Obligation, bearing an account number with the
last four digits of , a copy of said obligation being attached hereto and made a part hereof.
(3) That said Retail Installment Obligation in the amount of $7,593.00 was assigned to Plaintiff, the original
creditor, on April 12, 2022.
(4) That the Defendant(s) last payment in the amount of $168.87 was received on May 31, 2023 and that
since that date the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Retail
Installment Obligation.
(5) That as of November 22, 2023, there remains a principal balance under said Retail Installment Obligation
in the sum of $7,126.93, plus interest in the amount of $578.52, late charges in the amount of $33.78, for a
total amount due of $7,739.23, together with interest on the principal balance at the rate of 16.99% per annum
from November 22, 2023.
(5) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff
$7,739.23, together with interest on the principal balance at the rate of 16.99% per annum from November
22, 2023.
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WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $7,739.23, together
with interest on the principal balance at the rate of 16.99% per annum from November 22, 2023, plus costs
and disbursements, to be determined by the County Clerk.
Dated: December 4, 2023
TREV C TO
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
500 Canal View Blvd., Suite 600
Rochester, New York 14614
(585) 325-5343
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
----------------------..-----------------------------Ç
MARINER FINANCE, LLC
Plaintiff/Petitioner,
- against -
WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN DAWN BROWN
Defendant/Respondent.
-..-------------------------------
NOTICE OF ELECTRONIC FILING
(Mandatory Commencement Case)
(Uniform Rule §202.5-bb(a)(2)(v) and (vi))
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, was required to file this case using the New
York State Courts e-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your documents in
paper, unless you choose to participate in e-filing.
Ifyou choose to participate in e-filing, you must have access to a computer and a scanner or other
devise to convert documents into electronic format, a connection to the internet, and an e-mail
address to receive service of documents.
The benefits of participating in e-filing include:
" serving and filing your documents electronically
" free access to view and print your e-filed documents
limiting your number of trips to the courthouse
" paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information
can be found at www.nycourts.gov
Page 1 of 2 EFMC-1
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing commencement Documents is Mandatory)
Attorneys representing a party must either consent or decline consent to electronic filing and service
through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner provided at
the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing
must first create a NYSCEF account and obtain a user ID and password prior to recording their
consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must file with the court and serve on all parties ofrecord a declination
of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile(4nycomts.gov).
Dated: December 4, 2023
Robert B. Gitlin, Esq. 500 Canal View Blvd., Suite 600
Name Address
Trevett Cristo Rochester, New York 14614
Firm Name Address
(585) 325-5343
Phone
rgitlin( trevetteristo.com
E-Mail
To: WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN and DAWN BROWN
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023
Retail Installment Obligation New York
Buyer(andCo8uyer)-Name, Address(Indude Countyand Ep Code)andTeiA Seller-Name.Business AddressandTelephoneNumber
WilliamBrown NEW YORK SASH
DawnBrown 349 ORISKANYBLVD
11516N GageRoad WHITESBORO,NY 13492
NameandLicense
Dateof Contract 04/12/2022 LicenseNumber Numberof Seiosperson
The buyer(s) who sign this home improvement agreement (contract) are called you or Buyer. The Seller named above is called we or Seller. Any goods you buy under
this contract are called goods. Each buyer is responsible individually for repaying the contract in full. We may sell this contract to Mariner Finance, LLC (Holder) and
then we will refer to the Holder, except that the Holder does not have to perform home improvement work. The Holder will have all of our rights and remedies under this
contract. If we seil this contract, you will make all future payments directly to the Holder. You consent to this sale. We may retain a right to receive part of the finance
charge. We may be willing to negotiate the Annual Percentage Rate with you. The following disclosures are required by law and are part of this contract:
ANNUAL FINANCE CHARGE AmountFinanced Total of Payments Total Sale Price
PERCENTAGE RATE The dollaramountthe The amountof creditpmvidedto you The amountyouwill havepaidafteryou have The totalcostof yourpurchaseon
Thecostof yourcreditas creditwill costyou. or on yourbehalf. madeall paymentsas scheduled. credit,includingyourdown
a yearly rate. paymentof $ n on
16.99 % $ 4565.64 $ 7593.00 $ 12158.64 $ 12158.64
Yourpaymentschedulewill be:
Numberof Amountof Payments WhenPaymentsAre Due
Payments
Paymentsare due monthly,beginning 07/27/2022 (estimated)and continuingon thesameday of each
72 $ 168.87 followingmonthuntil fully paid.
$ 0.00
Prepayment· If you
pay off early, youwill not haveto pay a penalty.
Late Charge: If any paymentis mademorethan 10daysafterit is due, youwillbe charged10%of the overdueportionof thepayment.
"e"
meansan estimate,Seeyourcontractfor additionalinformationabout nonpayment,default,and any requiredrepaymentin full beforethe scheduleddate.
We agree to perform services and to furnish goods to rehabilitate, repair, or improve your property, and you agree to pay for the services and goods as described in
this contract. The address of your property is set forth above. The work we wili perform and the goods we will provide are described below and if checked here further
contract·
described on the attached Job Specifications Addendum which is part of this
Windows
We will start the work approximately asrm9n?2 . and will substantially complete the services approximately 07/n1/2n99 . We will not be
. responsible for any delays due to causes beyond our control, including bad weather. Estimated delivery date of goods: nanmn99 . You agree that a
definite completion date is not of the essence. We are legally required to deposit all payments received prior to completion in accordance with subdivision four of section
71-a of the Lien Law and that, in lieu of such deposit, we may post a bond, contract of indemnity or irrevocable letter of credit with you guaranteeing the return or proper
application of such payments to the purposes of this contract.
Itemization Of Amount Financed
1. CashPriceof goodsandservices $ 7593.00 7. Downpayment
a. Goods $ 0.00 a. CashDownpayment $ 0.00
' 0.00
b. Services $ 0.00 b. Costof SpecialOrderMaterials $
2. Costof ConstructionPermits $ 0.00 TotalDownpayment $ a an
3. PermitAdministrationFee $ 0.00 8. CreditExtendedto You for this Purchase(UnpaidBalanceof Cash Price)(6-7) $ 7s49nn
4. BasicCashPrice(1+2+3) $ 7s93an 9. Filing fees paidto publicofficials $ n.nn
5. Taxes(notincludedin BasicCash Price) $ n an 10. AmountFinanced(8+9) $ 7809an
6. CashPrice(4+5) $ 7s49on 11. FinanceCharge $ 4585a4
12. Totalof Payments(10+11) $ 19158a4
13. Total Sale Price (6+9+11) $ 12158.64
prr© If this box is checked, and initialed by you and us, the This contract on pages 1-3, including the arbitration agreement and any Job
following notice applies: BUYER'S RIGHT TO CANCEL. YOU, THE Specifications Addendum, is your entire agreement with us and cannot be changed
BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR except in writing signed by us. By signing below, you agree to all of the terms of this
TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE contract (including the arbitration agreement).
OF THIS TRANSACTION. SEE THE SEPARATE NOTICE OF By signing below as buyers on the Date of Contract stated above, you
CANCELLATION acknowledge that you signed
before this contract under seal, we
FORM FOR AN EXPLANATION OF THIS RIGHT.
submitted to you with all blank spaces filled in, that you had
the contract
a reasonable opportunity to examine it, and that thereafter a legible,
executed and completed copy of the contract was delivered to you.
11Insta ent Obligatiori
NEW YORK SASH , ,.. (SEAQ
Seller Buyer I (th0 6vy
BY: w 4x< ;q (SEAL)
Title Buyer .
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NY Home Improvement 11/2016 Buyers Initials Buyer's Initials
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023
Sale and Payment Terms. You promise to pay us the Cash Downpayment now and the Amount Financed plus Finance Charge at the Annual Percentage Rate according to
the payment schedule (all as stated on page 1). Unless the Deferred Payment Option applies, the 1st payment is due 1 month after the date we substantially complete our
work under this contract and the estimated 18 payment due date is disclosed in the payment schedule on page 1. You will pay Finance Charge beginning on the date we
substantially complete the services and continuing, including after maturity, until this contract is paid in full. Because Finance Charges accrue on a daRy basis, If you pay
early you will pay less Finance Charge and if you pay late, you will pay more. The final payment will be adjusted to reflect your actual payment dates. Each buyer is
responsible to pay this obligation in full. Each payment will be applied first to late charges (if any), then to accrued interest, and finally to principal, or in any other order we
wish, unless otherwise required by law. After maturity of this contract, as originally scheduled or accelerated, you shall pay Finance Charge at the Annual Percentage Rate
shown above on the unpaid balance of the Amount Financed until it is paid, including after we get a Judgment against you, unless we are required by law to charge a lower
rate. You will pay us a bad check fee of $20 if you make any payment with a check that is dishonored. You may prepay the amount you owe us under this contract in part or
in full at any time without penalty. Any partial prepayment will be applied to reduce the unpaid balance and will not postpone or defer your scheduled payments, which will
remain due as scheduled.
CASH"
X "SAMEAS OPTION.We will waive ali Finance Charges if you pay an amount equal to the Amount Financed within 360 days after the date we substantially
Cash' Cash"
complete the services (the 'Same as Pedod). You must make scheduled payments during the "Same as Period. If you fail to make any scheduled payment
Cash" Cash"
on time or if you don't pay an amount equal to the Amount Financed during the "Same as Period, the "Same as Option ends. Finance Charges will then be
Cash"
assessed accordi to the terms disclosed above from the date we substantially complete the services and the "Same as Period wig not be interest free.
er's Initials Q Û Buyer's Initials DT
DEFERRED PAYMENT OPTION. No monthly payments are due during a promogonal period of _ days after the date we substantially complete the services. The
18 payment is due when the promotional period expires. The estimated 18 payment due date is disclosed in the above payment schedule. Finance Charge is NOT deferred
and will accrue from the date we substantially complete the services. Buyer's Initials Buyer's Initials
No Collaterah No Mechanic's Lien. We give up any right we may have at any time to consider collateral you have given us for another obligation as collateral for this
contract. We waive any mechanic's lien or other lien arising by law and we shall require any subcontractor similarly to waive any mechanic's lien or other lien arising by law.
Completion Certificate. You will give us a filled out, satisfactory completion certificate when we complete all work required by this contract.
ADDITIONAL TERMS
1. Governing Law. This contract is govemed by New York law, except to the extent preempted by federal law. If any part of this contract is unenforceable, this will not
make any other part unenforceable (subject to paragraph 10(E)).
2. Default. You will be in default if you do not make any scheduled payment in full by its due date or you do not fulGil any obligation of yours in this contract or any
statement or representation you made to us in your application for credit or in connection with this contract was untrue. When you are in default, after we provide you with
any notice required by law and any cure period required by law expires, we can demand immediate payment of the entire amount you owe us under this contract, If you don't
pay us, we may exercise our remedies against you under applicable law and this contract.
3. Enforcement. We can delay enforcing any of our rights under this contract any number of times without losing them. We can enforce this contract against your heirs
and legal representatives. If we agree to change the terms of this contract, you agree that this contract will continue to protect us. We can waive or delay enforcing a right as
to one buyer without waiving it as to any other. Also, we can release one of you from his or her responsibilities under this contract without releasing the other. We need not
give anyone notice of our waiver, delay or release.
4. Finance Charges and Other Charges. If a law that applies to this contract and sets maximum charges is finally interpreted so that the Finance Charges or other
charges collected or to be collected exceed the permitted limits, then such charge shall be reduced to the permitted limit and any amounts already collected from you that
exceeded permitted limits will be refunded to you. We may choose to make this refund by reducing the Amount Financed you owe under this contract or by making a direct
payment to you. If a refund reduces the Amount Financed, the reduction will be treated like a partial prepayment.
5. Assignment. We may assign this contract but you may not.
6. YOU ACKNOWLEDGE THAT WE HAVE MADE NO REPRESENTATION, PROMISE OR WARRANTY, EXPRESS OR IMPLlED, WITH RESPECT TO THE
MERCHANTABILITY, SUITABILITY OR FITNESS FOR PURPOSE OF THE GOODS, UNLESS SUCH A REPRESENTATION, PROMISE OR WARRANTY IS WRITTEN
ON THIS CONTRACT OR CONTAINED IN A SEPARATE WRITING.
7. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR
COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HERE0F.
RECOVERY HEREUNDER BY THE DEBT R SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
8. Notice to the Buyer: (1) Do not sign thi agreement before you read it or if it contains any blank space. (2) You are entitled to a completely fliled-in copy of
this agreement. (3) Under the law, you have the right to pay off in advance the full amount due. If you do so, you may, depending on the nature of the credit
service charge , either: (a) prepay without penalty or (b) under certain circumstances obtain a rebate of the credit service charge.
9. Refund Policy After any right to cancel explained on page 1 expires, all sales are finel and no refunds will be issued.
NOTICE OF ARBITRATION AGREEMENT: Under this contract, most disputes, at the option of either of us, will be resolved by BINDING ARBITRATION. You GIVE
UP YOUR RIGHT TO GO TO COURT (with some exceptions). FOR MORE DETAILS read the following arbitration agreement.
10. A. Arbitration agreement. Except for Excluded Claims, at the elec6on of either you or us, you and we agree to arbitrate all disputes and claims between us
"You" "we"
on an individual basis. and include our respective affiliates, agents, employees, predecessors, successors and assigns. This agreement to arbitrate is broad,
and includes, but is not limited to, all claims or disputes arising from or relating to this contract, the credit provided to you by this contract, the actions of you, us or third
parties, the validity of this arbitration agreement, and the closing, servicing, collection, or enforcement of this contract (C/aim). Any arbitration shall be govemed by this
arbitration agreement and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration
Association (AAA); provided that if the AAA is unavailable or unwilling to serve as administrator of any arbitration, a substitute administrator shall be selected by either (a)
mutual agreement of the parties, or (ti) If you and we cannot agree, by a court at the request of either party. You and we may seek relief in small claims court so long as the
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NY Home Impmvement 11/2016 Buyer's Initials Buyer's Initials
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Claim is pending only in that court, the Claim is within the scope of the court's jurisdiction and the relief is sought on an individual basis. Some claims are excluded from the
arbitration process so that you may not elect arbitration (Excluded Claims.) We may proceed in court for gamishment. You may assert in court any defenses you have to the
Excluded Claims, but any claim or counterclaim, cross-claim, or third-party claim, or claim you have for rescission or damages, must be arbitrated. If we exercise judicial
remedies, we do not waive our arbitration rights for other Claims. You may bring Claims to the attention of regulators.
B. No Class Actions, etc. You and we agree that the arbitrator only may resolve the Claims between you and us, that arbitration is not available and shall not be
conducted on a class-wide basis and that the arbitrator may not consolidate more than one person's claims or preside over any form of representative or class
proceeding. You agree not to participate as a representative or member of any class of claimants for any Claim. If any question is raised relating to whether
class actions or consolidated actions are permitted, the arbitrator is not authorized to decide that question and that question must be resolved by a court.
C. Conduct. Before starting arbitration, you and we wili notify the other in writing about the Claim and give the other time to resolve the Claim. If the Claim is not resolved
within 30 days after notice is received, the party starting the arbitration may file a claim with the AAA (or any substitute arbitration administrator). You may obtain the rules,
forms and current fees of the AAA at American Arbitration Association, 335 Madison Avenue, Roor 10, New York, New York 10017, 800-T78-7879, www.adr.ora. if a
substitute arbitration administrator is appointed we will ensure that you have contact information for such substitute administrator so that you may obtain any applicable rules
and forms. The arbitration will take place in the county where you live, or, if you and we agree, by telephone. The arbitrator's findings, reasoning, decision, and award must
be in writing and based upon the law that applies to the contract. You and we will keep any award confidential.
D. Costs. We will pay the costs of arbitration and the arbitrator's fees. You will not be charged any mandatory fees for participation in the arbitration. We will reimburse you
experts'
promptly for any arbitration filing fee, or pay it if you can't. You and we will pay our own attomey's fees and witness and expenses, except as otherwise provided by
law.
E. Other Agreements. The Federal Arbitration Act govems this arbitration agreement. State arbitration laws do not apply. This arbitration agreement applies even if your
contract has been cancelied, changed; refinanced, paid in full, charged off, or discharged or modified in bankruptcy. If any part of this arbitration agreement (other than
paragraph 10(B) (No Class Actions, etc.)) cannot be enforced, the rest of this arbitration agreement will continue to apply. If paragraph 10(B) (No Class Actions, etc.)
cannot be enforced, the entire arbitration agreement shall be null and void.
F. Right to Reject, You may reject this arbitration agreement (paragraph 10) by sending a signed rejection notice that we receive at 8211 Town Center Drive, Baltimore,
Maryland 21236 (and no other location) within 60 days after the date of this contract. You must include your name, address, telephone number and contract number. This is
the only method you can use to reject this arbitration agreement.
The materialinthisboxis not partof this contract.
SEl.LER'SASSIGNMENT
ASSIGNMENT: Sellersellsand assigns to Mariner Finance,LLC (the "Assignee')all of its rights, title and interestin this contractpursuantto the terms of this Assignmentand any
that· the contractarosefmm the saleof the goodsor
separatedealeragreementbetweenAssigneeand Seller. Termsdefinedin the contractapply to this Assignment.Senerwarrants
services;Sellerhadtitleto the goodsat the time of
of sale free any liens;all disclosuresrequiredby law weremadeto Buyerpriorto his or her signingthe contract;to Sellers knowledge,
the informationcontainedin Buyers creditapplicationis accurate;the downpaymentreceivedby SeKeris exactlyas stated;the contractis enforceable;Buyeris of legalageand had the
Segerhas perfonnedthe services
capacityto contract;all signaturesare valid; the goodshavebeendeliveredto Buyerand Buyerhas acceptedthe goods;thegoodsare clearof all liens;
to Buye s satisfaction;all billsfor servicesand materialsfumishedin connectionwith the serviceshavebeen paid in full or will be paid In full prompHyafterAssignee'spurchaseof this
purchaseare
contract;no lienor proceedingto establisha lien for or on accountof suchservicesand materialshas beenor will be filed; all of the termsand agreementsrelatingto this
containedin thiscontract;Seters booksshow the wrrect balanceof thistransaction;and Sellerhas all licensesrequiredby law to performthe servicesand to extendcreditpursuantlo
the terms of this contract. Eachof these warrantiesis materialto Assignee'sacceptanceof this contract. If any of Sellerswarrantlesare breached,or if Buyerclaimsthat any act or
defaultof SellerentinesBuyerto a completeor partial defense,offset,or counterclaimto Buyers obligationsunderthe contract,or if the contractis rescindedby courtorder,Segershall
in such event if Assigneeat its sole optionso
indemnifyand saveAssigneeharmlessfrom all loss, cost and expenses,includingcourt costs and attomey fees, arisingtherefrom,and
determines,SellerwiRupondemandrepurchasethe contractandwill pay to Assigneethe full amountremainingunpaidunderthe contract,togetherwith all lawfulchargesduethereunder
plus any amountspreviouslypaid by Buyerto AssigneewhichBuyerhas recoveredor is entitledto recoverfrom Assignee,whetheror not Buyershallthen be in default. In addition10the
indemnificationssetforthabove,if any of SeUerswarrantiesarebreachedandBuyerdefaults,Sellerunconditionallyguaranteespaymentof the unpaidbalancedueon thiscontractandall
lossesand expensesincunedby Assigneeas a result of suchbreach. Sellershall be liable even if a waiver,compromise,settlement,or variationof the termsof thiscontractreleases
Buyer. Sellerwaivesnoticeof acceptanceof this assignmentand noticesof nonpaymentand nonperformance.
ASSIGNMENTWmiOUT RECOURSE:Sellersells and assignsthis contractwithoutrecourse(in accordancewith any contractbetweenSellerand Assignee)exceptfor the warranties,
guaranties,indemnitiesandobreationsset forthabove in theparagraphtitled
Sener NEW YQ RI( SASH By (SEAL)
(Name Ti )
instrument or agreement
The within
as collateral to
is pledged
Bank, N.A.
Wells Fargo
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NY Home Improvement 11/2016 Buyer's Initials Buyer's Initials
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FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 STATE OF NEW YORK CONSUMER CREDIT SUPREME COURT COUNTY OF ONEIDA NON-CARD TRANSACTION MARINER FINANCE, LLC Plaintiff, SUMMONS vs. Plaintiff s Address: 3214 Erie Blvd. E Syracuse, New York 13214 WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN DAWN BROWN 11516 N. Gage Road Utica, New York 13502 Defendant(s). The Basis of Venue is: Defendant(s) reside(s) in: County of ONEIDA Transaction took place in: County of ONEIDA TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. December 4, 2023 TREVETT CRISTO ROBERT B. GITLIN, ESQ. Attorney for Plaintiff P.O. Address and telephone number 500 Canal View Blyd., Suite 600 Rochester, New York 14623 (585) 325-5343 1 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ONEIDA MARINER FINANCE, LLC COMPLAINT Plaintiff, vs. WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN DAWN BROWN Defendant(s). Plaintiff, by the undersigned attorney, alleges: (1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at 3214 Erie Blvd. E, Syracuse, New York 13214. (2) That on or about April 12, 2022, the Defendant(s) entered into a Retail Installment Obligation with NEW YORK SASH, 349 Oriskany Blvd., Whitesboro, NY 13492, whereby the Defendant agreed pursuant to said Retail Installment Obligation, to pay $7,593.00 for purchases made thereunder, together with interest at 16.99% per annum all as set forth in the Retail Installment Obligation, bearing an account number with the last four digits of , a copy of said obligation being attached hereto and made a part hereof. (3) That said Retail Installment Obligation in the amount of $7,593.00 was assigned to Plaintiff, the original creditor, on April 12, 2022. (4) That the Defendant(s) last payment in the amount of $168.87 was received on May 31, 2023 and that since that date the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Retail Installment Obligation. (5) That as of November 22, 2023, there remains a principal balance under said Retail Installment Obligation in the sum of $7,126.93, plus interest in the amount of $578.52, late charges in the amount of $33.78, for a total amount due of $7,739.23, together with interest on the principal balance at the rate of 16.99% per annum from November 22, 2023. (5) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff $7,739.23, together with interest on the principal balance at the rate of 16.99% per annum from November 22, 2023. 2 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $7,739.23, together with interest on the principal balance at the rate of 16.99% per annum from November 22, 2023, plus costs and disbursements, to be determined by the County Clerk. Dated: December 4, 2023 TREV C TO ROBERT B. GITLIN, ESQ. Attorney for Plaintiff 500 Canal View Blvd., Suite 600 Rochester, New York 14614 (585) 325-5343 3 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA ----------------------..-----------------------------Ç MARINER FINANCE, LLC Plaintiff/Petitioner, - against - WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN DAWN BROWN Defendant/Respondent. -..------------------------------- NOTICE OF ELECTRONIC FILING (Mandatory Commencement Case) (Uniform Rule §202.5-bb(a)(2)(v) and (vi)) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, was required to file this case using the New York State Courts e-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. Ifyou choose to participate in e-filing, you must have access to a computer and a scanner or other devise to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " serving and filing your documents electronically " free access to view and print your e-filed documents limiting your number of trips to the courthouse " paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EFMC-1 4 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing commencement Documents is Mandatory) Attorneys representing a party must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. Attorneys declining to consent must file with the court and serve on all parties ofrecord a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile(4nycomts.gov). Dated: December 4, 2023 Robert B. Gitlin, Esq. 500 Canal View Blvd., Suite 600 Name Address Trevett Cristo Rochester, New York 14614 Firm Name Address (585) 325-5343 Phone rgitlin( trevetteristo.com E-Mail To: WILLIAM BROWN A/K/A WILLIAM ANDREW BROWN and DAWN BROWN 5 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 Retail Installment Obligation New York Buyer(andCo8uyer)-Name, Address(Indude Countyand Ep Code)andTeiA Seller-Name.Business AddressandTelephoneNumber WilliamBrown NEW YORK SASH DawnBrown 349 ORISKANYBLVD 11516N GageRoad WHITESBORO,NY 13492 NameandLicense Dateof Contract 04/12/2022 LicenseNumber Numberof Seiosperson The buyer(s) who sign this home improvement agreement (contract) are called you or Buyer. The Seller named above is called we or Seller. Any goods you buy under this contract are called goods. Each buyer is responsible individually for repaying the contract in full. We may sell this contract to Mariner Finance, LLC (Holder) and then we will refer to the Holder, except that the Holder does not have to perform home improvement work. The Holder will have all of our rights and remedies under this contract. If we seil this contract, you will make all future payments directly to the Holder. You consent to this sale. We may retain a right to receive part of the finance charge. We may be willing to negotiate the Annual Percentage Rate with you. The following disclosures are required by law and are part of this contract: ANNUAL FINANCE CHARGE AmountFinanced Total of Payments Total Sale Price PERCENTAGE RATE The dollaramountthe The amountof creditpmvidedto you The amountyouwill havepaidafteryou have The totalcostof yourpurchaseon Thecostof yourcreditas creditwill costyou. or on yourbehalf. madeall paymentsas scheduled. credit,includingyourdown a yearly rate. paymentof $ n on 16.99 % $ 4565.64 $ 7593.00 $ 12158.64 $ 12158.64 Yourpaymentschedulewill be: Numberof Amountof Payments WhenPaymentsAre Due Payments Paymentsare due monthly,beginning 07/27/2022 (estimated)and continuingon thesameday of each 72 $ 168.87 followingmonthuntil fully paid. $ 0.00 Prepayment· If you pay off early, youwill not haveto pay a penalty. Late Charge: If any paymentis mademorethan 10daysafterit is due, youwillbe charged10%of the overdueportionof thepayment. "e" meansan estimate,Seeyourcontractfor additionalinformationabout nonpayment,default,and any requiredrepaymentin full beforethe scheduleddate. We agree to perform services and to furnish goods to rehabilitate, repair, or improve your property, and you agree to pay for the services and goods as described in this contract. The address of your property is set forth above. The work we wili perform and the goods we will provide are described below and if checked here further contract· described on the attached Job Specifications Addendum which is part of this Windows We will start the work approximately asrm9n?2 . and will substantially complete the services approximately 07/n1/2n99 . We will not be . responsible for any delays due to causes beyond our control, including bad weather. Estimated delivery date of goods: nanmn99 . You agree that a definite completion date is not of the essence. We are legally required to deposit all payments received prior to completion in accordance with subdivision four of section 71-a of the Lien Law and that, in lieu of such deposit, we may post a bond, contract of indemnity or irrevocable letter of credit with you guaranteeing the return or proper application of such payments to the purposes of this contract. Itemization Of Amount Financed 1. CashPriceof goodsandservices $ 7593.00 7. Downpayment a. Goods $ 0.00 a. CashDownpayment $ 0.00 ' 0.00 b. Services $ 0.00 b. Costof SpecialOrderMaterials $ 2. Costof ConstructionPermits $ 0.00 TotalDownpayment $ a an 3. PermitAdministrationFee $ 0.00 8. CreditExtendedto You for this Purchase(UnpaidBalanceof Cash Price)(6-7) $ 7s49nn 4. BasicCashPrice(1+2+3) $ 7s93an 9. Filing fees paidto publicofficials $ n.nn 5. Taxes(notincludedin BasicCash Price) $ n an 10. AmountFinanced(8+9) $ 7809an 6. CashPrice(4+5) $ 7s49on 11. FinanceCharge $ 4585a4 12. Totalof Payments(10+11) $ 19158a4 13. Total Sale Price (6+9+11) $ 12158.64 prr© If this box is checked, and initialed by you and us, the This contract on pages 1-3, including the arbitration agreement and any Job following notice applies: BUYER'S RIGHT TO CANCEL. YOU, THE Specifications Addendum, is your entire agreement with us and cannot be changed BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR except in writing signed by us. By signing below, you agree to all of the terms of this TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE contract (including the arbitration agreement). OF THIS TRANSACTION. SEE THE SEPARATE NOTICE OF By signing below as buyers on the Date of Contract stated above, you CANCELLATION acknowledge that you signed before this contract under seal, we FORM FOR AN EXPLANATION OF THIS RIGHT. submitted to you with all blank spaces filled in, that you had the contract a reasonable opportunity to examine it, and that thereafter a legible, executed and completed copy of the contract was delivered to you. 11Insta ent Obligatiori NEW YORK SASH , ,.. (SEAQ Seller Buyer I (th0 6vy BY: w 4x< ;q (SEAL) Title Buyer . Page 1 of3 NY Home Improvement 11/2016 Buyers Initials Buyer's Initials 6 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 Sale and Payment Terms. You promise to pay us the Cash Downpayment now and the Amount Financed plus Finance Charge at the Annual Percentage Rate according to the payment schedule (all as stated on page 1). Unless the Deferred Payment Option applies, the 1st payment is due 1 month after the date we substantially complete our work under this contract and the estimated 18 payment due date is disclosed in the payment schedule on page 1. You will pay Finance Charge beginning on the date we substantially complete the services and continuing, including after maturity, until this contract is paid in full. Because Finance Charges accrue on a daRy basis, If you pay early you will pay less Finance Charge and if you pay late, you will pay more. The final payment will be adjusted to reflect your actual payment dates. Each buyer is responsible to pay this obligation in full. Each payment will be applied first to late charges (if any), then to accrued interest, and finally to principal, or in any other order we wish, unless otherwise required by law. After maturity of this contract, as originally scheduled or accelerated, you shall pay Finance Charge at the Annual Percentage Rate shown above on the unpaid balance of the Amount Financed until it is paid, including after we get a Judgment against you, unless we are required by law to charge a lower rate. You will pay us a bad check fee of $20 if you make any payment with a check that is dishonored. You may prepay the amount you owe us under this contract in part or in full at any time without penalty. Any partial prepayment will be applied to reduce the unpaid balance and will not postpone or defer your scheduled payments, which will remain due as scheduled. CASH" X "SAMEAS OPTION.We will waive ali Finance Charges if you pay an amount equal to the Amount Financed within 360 days after the date we substantially Cash' Cash" complete the services (the 'Same as Pedod). You must make scheduled payments during the "Same as Period. If you fail to make any scheduled payment Cash" Cash" on time or if you don't pay an amount equal to the Amount Financed during the "Same as Period, the "Same as Option ends. Finance Charges will then be Cash" assessed accordi to the terms disclosed above from the date we substantially complete the services and the "Same as Period wig not be interest free. er's Initials Q Û Buyer's Initials DT DEFERRED PAYMENT OPTION. No monthly payments are due during a promogonal period of _ days after the date we substantially complete the services. The 18 payment is due when the promotional period expires. The estimated 18 payment due date is disclosed in the above payment schedule. Finance Charge is NOT deferred and will accrue from the date we substantially complete the services. Buyer's Initials Buyer's Initials No Collaterah No Mechanic's Lien. We give up any right we may have at any time to consider collateral you have given us for another obligation as collateral for this contract. We waive any mechanic's lien or other lien arising by law and we shall require any subcontractor similarly to waive any mechanic's lien or other lien arising by law. Completion Certificate. You will give us a filled out, satisfactory completion certificate when we complete all work required by this contract. ADDITIONAL TERMS 1. Governing Law. This contract is govemed by New York law, except to the extent preempted by federal law. If any part of this contract is unenforceable, this will not make any other part unenforceable (subject to paragraph 10(E)). 2. Default. You will be in default if you do not make any scheduled payment in full by its due date or you do not fulGil any obligation of yours in this contract or any statement or representation you made to us in your application for credit or in connection with this contract was untrue. When you are in default, after we provide you with any notice required by law and any cure period required by law expires, we can demand immediate payment of the entire amount you owe us under this contract, If you don't pay us, we may exercise our remedies against you under applicable law and this contract. 3. Enforcement. We can delay enforcing any of our rights under this contract any number of times without losing them. We can enforce this contract against your heirs and legal representatives. If we agree to change the terms of this contract, you agree that this contract will continue to protect us. We can waive or delay enforcing a right as to one buyer without waiving it as to any other. Also, we can release one of you from his or her responsibilities under this contract without releasing the other. We need not give anyone notice of our waiver, delay or release. 4. Finance Charges and Other Charges. If a law that applies to this contract and sets maximum charges is finally interpreted so that the Finance Charges or other charges collected or to be collected exceed the permitted limits, then such charge shall be reduced to the permitted limit and any amounts already collected from you that exceeded permitted limits will be refunded to you. We may choose to make this refund by reducing the Amount Financed you owe under this contract or by making a direct payment to you. If a refund reduces the Amount Financed, the reduction will be treated like a partial prepayment. 5. Assignment. We may assign this contract but you may not. 6. YOU ACKNOWLEDGE THAT WE HAVE MADE NO REPRESENTATION, PROMISE OR WARRANTY, EXPRESS OR IMPLlED, WITH RESPECT TO THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR PURPOSE OF THE GOODS, UNLESS SUCH A REPRESENTATION, PROMISE OR WARRANTY IS WRITTEN ON THIS CONTRACT OR CONTAINED IN A SEPARATE WRITING. 7. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HERE0F. RECOVERY HEREUNDER BY THE DEBT R SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 8. Notice to the Buyer: (1) Do not sign thi agreement before you read it or if it contains any blank space. (2) You are entitled to a completely fliled-in copy of this agreement. (3) Under the law, you have the right to pay off in advance the full amount due. If you do so, you may, depending on the nature of the credit service charge , either: (a) prepay without penalty or (b) under certain circumstances obtain a rebate of the credit service charge. 9. Refund Policy After any right to cancel explained on page 1 expires, all sales are finel and no refunds will be issued. NOTICE OF ARBITRATION AGREEMENT: Under this contract, most disputes, at the option of either of us, will be resolved by BINDING ARBITRATION. You GIVE UP YOUR RIGHT TO GO TO COURT (with some exceptions). FOR MORE DETAILS read the following arbitration agreement. 10. A. Arbitration agreement. Except for Excluded Claims, at the elec6on of either you or us, you and we agree to arbitrate all disputes and claims between us "You" "we" on an individual basis. and include our respective affiliates, agents, employees, predecessors, successors and assigns. This agreement to arbitrate is broad, and includes, but is not limited to, all claims or disputes arising from or relating to this contract, the credit provided to you by this contract, the actions of you, us or third parties, the validity of this arbitration agreement, and the closing, servicing, collection, or enforcement of this contract (C/aim). Any arbitration shall be govemed by this arbitration agreement and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA); provided that if the AAA is unavailable or unwilling to serve as administrator of any arbitration, a substitute administrator shall be selected by either (a) mutual agreement of the parties, or (ti) If you and we cannot agree, by a court at the request of either party. You and we may seek relief in small claims court so long as the Page 2 of3 NY Home Impmvement 11/2016 Buyer's Initials Buyer's Initials 7 of 8 FILED: ONEIDA COUNTY CLERK 12/05/2023 02:19 PM INDEX NO. EFCA2023-003142 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2023 Claim is pending only in that court, the Claim is within the scope of the court's jurisdiction and the relief is sought on an individual basis. Some claims are excluded from the arbitration process so that you may not elect arbitration (Excluded Claims.) We may proceed in court for gamishment. You may assert in court any defenses you have to the Excluded Claims, but any claim or counterclaim, cross-claim, or third-party claim, or claim you have for rescission or damages, must be arbitrated. If we exercise judicial remedies, we do not waive our arbitration rights for other Claims. You may bring Claims to the attention of regulators. B. No Class Actions, etc. You and we agree that the arbitrator only may resolve the Claims between you and us, that arbitration is not available and shall not be conducted on a class-wide basis and that the arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. You agree not to participate as a representative or member of any class of claimants for any Claim. If any question is raised relating to whether class actions or consolidated actions are permitted, the arbitrator is not authorized to decide that question and that question must be resolved by a court. C. Conduct. Before starting arbitration, you and we wili notify the other in writing about the Claim and give the other time to resolve the Claim. If the Claim is not resolved within 30 days after notice is received, the party starting the arbitration may file a claim with the AAA (or any substitute arbitration administrator). You may obtain the rules, forms and current fees of the AAA at American Arbitration Association, 335 Madison Avenue, Roor 10, New York, New York 10017, 800-T78-7879, www.adr.ora. if a substitute arbitration administrator is appointed we will ensure that you have contact information for such substitute administrator so that you may obtain any applicable rules and forms. The arbitration will take place in the county where you live, or, if you and we agree, by telephone. The arbitrator's findings, reasoning, decision, and award must be in writing and based upon the law that applies to the contract. You and we will keep any award confidential. D. Costs. We will pay the costs of arbitration and the arbitrator's fees. You will not be charged any mandatory fees for participation in the arbitration. We will reimburse you experts' promptly for any arbitration filing fee, or pay it if you can't. You and we will pay our own attomey's fees and witness and expenses, except as otherwise provided by law. E. Other Agreements. The Federal Arbitration Act govems this arbitration agreement. State arbitration laws do not apply. This arbitration agreement applies even if your contract has been cancelied, changed; refinanced, paid in full, charged off, or discharged or modified in bankruptcy. If any part of this arbitration agreement (other than paragraph 10(B) (No Class Actions, etc.)) cannot be enforced, the rest of this arbitration agreement will continue to apply. If paragraph 10(B) (No Class Actions, etc.) cannot be enforced, the entire arbitration agreement shall be null and void. F. Right to Reject, You may reject this arbitration agreement (paragraph 10) by sending a signed rejection notice that we receive at 8211 Town Center Drive, Baltimore, Maryland 21236 (and no other location) within 60 days after the date of this contract. You must include your name, address, telephone number and contract number. This is the only method you can use to reject this arbitration agreement. The materialinthisboxis not partof this contract. SEl.LER'SASSIGNMENT ASSIGNMENT: Sellersellsand assigns to Mariner Finance,LLC (the "Assignee')all of its rights, title and interestin this contractpursuantto the terms of this Assignmentand any that· the contractarosefmm the saleof the goodsor separatedealeragreementbetweenAssigneeand Seller. Termsdefinedin the contractapply to this Assignment.Senerwarrants services;Sellerhadtitleto the goodsat the time of of sale free any liens;all disclosuresrequiredby law weremadeto Buyerpriorto his or her signingthe contract;to Sellers knowledge, the informationcontainedin Buyers creditapplicationis accurate;the downpaymentreceivedby SeKeris exactlyas stated;the contractis enforceable;Buyeris of legalageand had the Segerhas perfonnedthe services capacityto contract;all signaturesare valid; the goodshavebeendeliveredto Buyerand Buyerhas acceptedthe goods;thegoodsare clearof all liens; to Buye s satisfaction;all billsfor servicesand materialsfumishedin connectionwith the serviceshavebeen paid in full or will be paid In full prompHyafterAssignee'spurchaseof this purchaseare contract;no lienor proceedingto establisha lien for or on accountof suchservicesand materialshas beenor will be filed; all of the termsand agreementsrelatingto this containedin thiscontract;Seters booksshow the wrrect balanceof thistransaction;and Sellerhas all licensesrequiredby law to performthe servicesand to extendcreditpursuantlo the terms of this contract. Eachof these warrantiesis materialto Assignee'sacceptanceof this contract. If any of Sellerswarrantlesare breached,or if Buyerclaimsthat any act or defaultof SellerentinesBuyerto a completeor partial defense,offset,or counterclaimto Buyers obligationsunderthe contract,or if the contractis rescindedby courtorder,Segershall in such event if Assigneeat its sole optionso indemnifyand saveAssigneeharmlessfrom all loss, cost and expenses,includingcourt costs and attomey fees, arisingtherefrom,and determines,SellerwiRupondemandrepurchasethe contractandwill pay to Assigneethe full amountremainingunpaidunderthe contract,togetherwith all lawfulchargesduethereunder plus any amountspreviouslypaid by Buyerto AssigneewhichBuyerhas recoveredor is entitledto recoverfrom Assignee,whetheror not Buyershallthen be in default. In addition10the indemnificationssetforthabove,if any of SeUerswarrantiesarebreachedandBuyerdefaults,Sellerunconditionallyguaranteespaymentof the unpaidbalancedueon thiscontractandall lossesand expensesincunedby Assigneeas a result of suchbreach. Sellershall be liable even if a waiver,compromise,settlement,or variationof the termsof thiscontractreleases Buyer. Sellerwaivesnoticeof acceptanceof this assignmentand noticesof nonpaymentand nonperformance. ASSIGNMENTWmiOUT RECOURSE:Sellersells and assignsthis contractwithoutrecourse(in accordancewith any contractbetweenSellerand Assignee)exceptfor the warranties, guaranties,indemnitiesandobreationsset forthabove in theparagraphtitled Sener NEW YQ RI( SASH By (SEAL) (Name Ti ) instrument or agreement The within as collateral to is pledged Bank, N.A. Wells Fargo Page 3 of 3 NY Home Improvement 11/2016 Buyer's Initials Buyer's Initials 8 of 8