Preview
FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023
SUPREME COURT OF TFIE STATE OF NEW Y ORK
COUNTY OF CAYUGA
EMPOWER FEDERAL CREDIT UNION, Index No. E2023-0392
Plaintiff,
-vs- AFFIDAVIT OF FACTS
DARCIE YELLOCK A/K/A DARCIE L. YELLOCK;
MARINER FINANCE, LLC; MIDLAND CREDIT
DOE" DOE,"
MANAGEMENT,.1NC.; "JOHN AND "JANE
'
Defendants.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss.:
, being duly sworn, deposes and says:
1. Deponent is the 4AAMS of the plaintiff herein,
and as such is familiar with all business records of the plaintiff and the proceedings pertaining to
this claim. The records referred to herein are maintained in the ordinary course of plaintiffs business
and it is in the regular course of plaintiffs business to maintain such records.
2. The defendant is in default under the terms of a Note and Mortgage dated May 24,
2019, copies of which are annexed hereto as Exhibits A and B, respectively, for monthly payments
due from November 1, 2022.
3. The notice in accordance with RPAPL §1304 was served upon Darcie L. Yellock at 8
Easterly Avenue, Auburn, New York 13021 by depositing same in an official depository of the U.S.
Postal Service in the State of New York via regular first-class and via certified mail, and the filing
completed with NYS Department of Financial Services in accordance with RPAPL §l306. Copies
of the mailing and proof of filing are annexed hereto as Exhibit C.
4. Upon advice of counsel, the foreclosure action was commenced on May 25, 2023
and all defendants have.been served with the summons and verified complaint, notice of electronic
filing, and certificate of merit.
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5. Upon advice of counsel, time to answer expired on July 7, 2023 and no parties have
submitted an answer or notice of appearance in this action.
6. Upon ad'vice of counsel, the required settlement conferences have been held and
closed by the Court on September 13, 2023.
7. The balance due and owing to plaintiff is the principal sum of $20,542.53, accrued
but unpaid interest as of September 13, 2023 in the sum of $1,262.33, with future interest thereon
from September 13, 2023, being a variable rate currently at the rate of 8.25% per annum, late
charges of $26.55, and inspection charges of $160.00.
8. Based u|ion the foregoing, plaintiff is entitled to a default judgment for the relief
demanded in the verified complaint.
Dated: October , 2023 El wer Fede a Cre n
Sworn to before me this
/(, day of Octobèr, 2023
tary blic
RNNtFER
LYNNERLENBACIC
IOctagy Pubflo-State ofNew
York
No.01ER6417749
Qualified in Onondaga
County
Cornmission Expiree 05/24/202S
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023
- a
EXHIRITA
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Df W Syracuse, NY 13212
800.462.5000
IsipSTIll$14RIéN: DINTEREST ONLY PLAN CREDIT I.INE ACCOljNT HOMETEQUITY SECURED
CREDIT AGREEMENT A D TRUTH-IN-I.ENDING pl8CLOSURE
Name DARCIE I.,YÊLLOCK
(eorrowerl (sorrowed
Address of Secølty roperty 8 EASTERLY AVE AUBURN, NY 13021
(Street) idityl thtate) r21p)
Legal Descriptiott #Spsurity Property See Security Instrument
Date of gfedmont 5/30f2O19 Loan Number 378089 Account Number 237433
Maxiññh ( i II I.thilt 20,000 00 Minimum Initial Advance $0:00 Minimum Other Advance NA
Mnal Date to Request Advance 10 years from date of agreement Agreement Maturity Date 5/1/2049
In this the use of the words "Credit Union," "We," "Us" and "Our" mean EMPOWER FEDEllAL CREDIT UNION. Any person who signs this
Agreetitept r IndMdueÄy and collectively, is sornetimes referred to as ' You" or "Your." "Account" means the line of credit available to You under the
terms of th insis Numbers, phrases or words preceded by a O are applica >le only If the Q is marked, e.g .
om!se to pay Us all amounts You borrow from Us For Amorthing Plans, during the Draw Period Your Minimum Periodic Payment will
er:with Finance Charges, Late Charges, Collection be establishedand fixed at the tirne of each advance or change In Interest Rate to
. herein. the amount necessary to fully amortize Your then outatending pdncipal balance no
Inter then the Agreement Maturity Date, subject to the lesser of 450,00 or Your
2. 8 00NT. To the. extent permitted by law and in this Accourit balance.After the Draw Period ends, You will po longerbs able to obtain
Agies our Account forany purpose. credit advances and You must repay xour outstanding 4ccourit balance (the
. 'Repayment Period"). The length of alia RepaymentPeriodwill dependon the date
3. CREDT M he a granted You a Maximum Credit Umit which Is shown and the emount of Your last edvance but in no event will exceed 240 months.
above sihdY Wexceed this slaximum Credit Umit. If You do, You will During the RepaymentPeriod Your Minimum PeriodicPayment will be calculated in
be In defanit 0 r ement end, in eddidon to any other rights We. may the same manneras the Draw Period.
have, We pay such excess sums Immediately. Any amount of
cre the IWexlmum Credit UmIt stated above is not For Interest Only Plans, during the Drew Period, Your Minimum Periodic Payment
see .Security Property. In the event that Your Maximurn will be established at the close of each billing cycle et an amount equal to all
CredlH.IrnIt h forasse0hhÂgreement will continue in effect subject to the new accrued yet unpaid finance charges, subject to the lesser of $50.00 or Your
Miudraum ÚSrù Account balance. After the Draw Period ends, You will no longer be able to obtain
credit advances and You must repay Your outstanding Account balance (the
A mayJequest anaadvanceby telephone, In person, by letter, "Repayment Period"). The length of the RepaymentPeriodwill depend.on the date
teff. nyonlenes Check that We may supply to You or by and the amount of Your last edvance but In no everit wil7ascenti 240 months.
heye provided to access Your Account. When You During the Rajiayment Period Your Minimum.Periodic hipment:will be established
met require You to prove Your identity. Unless Your and fixed on the first day of the Repsyment Periodor chimsein Interest Rateto the
. ûri nded by Us, You will have credit available up to Your amount r="a=ry to fully amortise Your then outs nding principal balance.noInter
! Yeur first advance must be In an amount equal to at least than the Agreement Maturity Date, aubject to the lesser of $50.00 or Your
thá ..All subsequent advances must be'at least equal to Account balance.
the amount as shown above end must be made prior to
th a, es also shown above. We may refuse to honor 8. FINANCE CHARGES.You will be charged a Finance fat a Variable
equest and We may return unpaid any such PeriodicRate on Your Account for the parlo I any lie!arke ng Balance(s)
Co yee. If You request an advance by telephone, We will change each time advances are mode, payntents aré a given. The
regular share account, Your share draft account or FinanceCharge begins to accrue on the date of each intfthere la no grace
m specify. in any event, such advanceswill appear period. The FinanceCharge is determined by rnultip ünjinid%alance.tnYour
on a m h will be conclusive evidence of the request and Account st the close of each day to the bHlingo diff for by the
Yoür ob I gI ( .unlessYou establish a billing error pursuant to the Fair Periodic Rate. The bet6nceused to coryfpute'
Daily Is the unpaid
Credt 8 dÂtt. balanceeach day after-payments, dredite and et pa ChargesI)pve
been subtracted and any new advances, Ireerarïäe preiplumniend 67 other charges
5. PAYMENTS For
plans¼payments will be applied first to any Late Charge have been edded. The.sum of these chârges IsJhe I!fr e Cherie You owe. On
owingithen.tó harges due, then to the outstanding principal botance. the date Vour Account is established, FINANCECHARGElfwill bâ,computed using
Any unpaid FI G arges Will be pold by subsequent payments end will not be a Daily PeriodicRate of 0.01438 % correspondingto an ANNUAL PERCEpITAQE
edded to the priticlpol36i-may make more frequent payments which will reduce RATEof 5.250 %. .
YourRnence Chagäei; You may also repay or prepay ell or arty portion of the
athqunts o a a¼anyyme without penalty4Any pprtlal payment or propeyment 7. VARISBI.It RATE. Your Account is aubject to-a Variable a a whichis based on
of Yoilt Accour!ƒlil not delay Yeur asat acheduled payment. Paying only the the highest PrimeRete as published in the Money Rat 8ection of The €all Street
minimum paymerit may riot be sufficient to fully emortize Your unpaid Account Joumal on the last day of each month of each year findex") plus -0.25 %
balance by the and of the RepaymentPeriod in which case, you wlil be required to I"Margin"). The Index plus the Margin equals the Interest Rate. Changes in the
pay Your entire remaining balance In a single balloon payment on the Agreement Index wiII cause changes In the Interest Rate on the ffrat day of the month
Maturity Date4All payments to Us must be in lawful money of the United States. Immedletely following a change In the Index. Increasesor decreaseein the Interest
Your scheduledpayment will be due fllorlthly beginning Rate will result In like Increasesor decreasesIn the Rnance Chargeand may affect
6/1/2019 , and You can obtain credit advances for t20 the amount of Your scheduled payrnents. The Annual PercentëgeRate does nót
months {the "Draw Period"). include costs other than interest. Your Interest Rate wi(I never be greater than
Borrower's Initials
CopyrightOakTreeBusinessSystems,Inc., 2008-2017. All Rights.Reserved. Pa 1 of 3 OTBS020 EMPOM/17)
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FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023
Additiofia Pr wistons
18.00% and.will apply sto the remaining principal balance, If the Index becornes payments to the.holders of Mortgage/Deedsof Trust senior to Ours: 13)You fall to
unavailable, We may telect another Index and Margin which would result In a pay real.property taxes prior to delinquency; (4) You fall to maintain th6 req ed
substaritially similar Interest Itate. property Insurance; (6) the value of the Security Property declines significantly
below the appraisedvalue upon which We refled In approving Your application; (6)
8. SECURITY. Your Account la secured by a Mortgage/Deadof Trust You have We reasonably believe that Your ability to meet Your payrpent obligations Is
given Us on the SecuHty Property describedabove as well as the proceedsof the impaired because of a material change In Your financial circumstances; (7)
sale of such Security Property. Except as stated herein, Your Account is not Governmental action precludes Our Imposing the Interest Rate provided herein or
secured by any other collateraljreal or personal,tangible or Intangible. adversely effects the priority of Our Security Interest such thalthe value of Our
Interest la less than 120% of Your Maximum Credit Umih (8) the maximum
As permitted by law, to secure all transactions under this Agreement in either joint Interest Rate under this plan is reached; or 19) Govemment regulatory authorities
or individel Accounts, We have the right to Impress and enforce a statutory lien find that further advances under this plan constitute an unsafe and unsound
against Your shares on deposit with Us (other than those deposits estabilshed practice. When the condition which caused the suspension of advances or
under a govemmental.approved tax deferral plan such as an IRA or I(eogh reduction of Your Maximum Credit Umit no longer exists, the original terms of thla
account), and a… dividends due or to become due to You from Us to the extent Agreement will be reinstated. You understand that If Your right to request
that You owe on anyf unpaid balance on Your Account and We may enforce Our additional edvances le suspended or Your Maximum Credit .Umit la reduced, You
right to do so withoutyftfither notice to You. Additionally, You agree that We may atill owe Us whatever sums You have already borrowed, all other chargas under
set"off any mutual indebtestness. thla Agreement and applicableFinanceCharges.
9. OTHERCHAliGES. In addition to the Finance Charges, Your Account is subject 18. CHANGE IN TERMS. We may change the terms of this Agreement upon
to certain otheycharges which You.agree to pay either separately or as a result of proper notice to You in the following situations: (1) as provided in this Agreement;
advancesmadeto Your Account ("a" means estimate): (2) to adopt a new Index if the current Index becomes unavailable; (3) by
written agreement with You; (4) If the change benefits You; or (5) the change
Appraisal Fee $8.00 Is insignificant.
RecordindFeas $100.00
Title Policy Fees $125.00 17. LIMITATIONSON THE USE OF CONVENIENCECHECICS.We reserve the right
not to honor any Convenience Check if¼(1) by paying a Convenience Check You
Other $ 100 would exceed Your Maximum Credit Umit; (2) Your Convenience Check is
Mortgage Tax $125.00 post-dated. We are not responsiblefor any resulting Ices or liability, however, If any
PCR $0.00 such ConvenienceCheck is honored and, as e result, eny other ConvenienceCheck
Is retumed unpalds(3) Your ConvenienceChecks have beenfeported lost or stolen;
(4) Yout ConvenienceCheck is not signed by a Borrower under this?Agreement;(5)
Total of Charges $365.00 your Account has been suspendedor terminated as provided for in this Agreement
or could be if a particular ConvenienceCheck were to be honored; and/or (6) Your
ConvenienceCheck is less than the Minimum Initial or IúIInimumOther Advance as
The fees and chargesshown above have been waived becauseYou have agreedto shown in this Agreement or You are in violation of any transaction requirement or
maintern ut securlW Interest In the Security Property securing Your Account for at would be If We honoredYour ConvenienceCheck.
least 38 ceasec atonths following the Date of Agreement. If Our security
Interestin th Pron9rtyaccuring Your Account la cancelledfor any fessori 18. ADDITIONAL INFORMATION. You agree that You will promptly tell Us in
witl!njhe þm eriod following the Date of Agreement, You will be required writing If You move, change Your name or change Your employment. You will also
to reimbufse Us for these fees and charges as an advance on Your Account provide Us underedfinancial Information upon Our request.
immediately precedingthe time Your Account la closed.
19. DELAY IN ENMRCEMENT.We can delay enforcing any of Our rights under this
10. COLLECTIONCOSTS. To the extent permitted by law, You agree to pay a(I Agreement without losing them. We can accept late·payrnents, partial payments,
costs of collections, including attomeys' fees whether or not suit Is filed, and other or any other payrnents even If they are marked "pald in full," without losing any of
costs, includlng court costs. Our rights under this Agreement.
11. LATE ClfAltGES. If Your payment is more then 15 days late, You will be 20. SEVERABILITV.If any provision of this Agreement is held to be unenforceable,
charged 2.00% of iho payment due. such determination shall not affect the validity of the remaining pavisions of
this Agreement.
12. OTHERFEESAND CHARGES.You will be charged $20.00 for any check (or
other Iteg6tlableInstrumbntiusedfor payment) which Is returned unpaid. 21. LIABILITY OF PARTIES. Each Borrower will be responsible, [ointly and
severally,.for the repayment of amounts owed.
13. PROPERTY SI,lRANCE.You agreeto insure the Security Propertyagetnst fire
in t]samount and for the period required by Us, with Us named 22. EFFECTOF $UltVIVAL EVENTS. If the Security Property that secures Your
as for Our pgotection.You may purchasethe Insurancefrom any Insurer Account is located in the Commonwealth of Pennsylvania,therr for the,purposes of
You wr We hiti the right not to accept the Insurer for reasonablecause, If this Agreement, 'Survival Event" is defined es follows: (a) any default described In
Yoä do . .or keep éubh insurance,We may (but are under no obilgation to do the Termination provision of this Agreement: (b) any instanonjiving rise to Our
so) obtain eruf pdd the oststo the principal balanceof Your Account and You ability to require You to immedletely pay the full amount of principáf which has not
agreet pa for It. beert paid, and all the Interest that You owe on that emount as described in this
Agreement: (c} any Instance giving rise to Our abliity tolequire tertritediatepayment
14. TERNilNAT0014.If You fall to meet the terms of repayment, or it You act or In full of ell sums secured by the Deed of TruâtMortgagddd) the Agreement
fall to acfini€ay that adversely affects Our security Interest or other rights In the Maturity Date as defined in this Agreement: (a) the entry of eny Judgmentagainst
Security Propony, or if You have committed fraud or made a material You under this Agreement*,and (fl the entry of any judgment under the Dead of
misrepresentation c nnection with the Account, We may terminste this Trust/Mortgage.
Agreerjié t and You to pay Us the outstanding beganceIn one payment, or
subject to the g Law, cause the Security Property to be sold and the 23. TAX DEDUCTIBILITY. You should censult a tax advisor regarding the
proceeds of sálai6 ãppliedto Your obligation to Us. To the extent permitted by deductibility of Intefeat and charges under Your Account.
law, You agree to pay eny reasonablecosts of protecting, retaking, repairing or
selling the Security Property. 24. GOVERNINGLAW. This Agreement is controlled and govemed by the laws of
the State of New York except to the extent that the laws of the state where the
18. SUSPENSDN. Your right to request additional advances may be suspended,or Security Property is tocated governs property rights related to the Security Property
Your Maximum Credit Limit reduced, at Our option, In the following Instances: (1) and except to the extent that such laws are inconsistent with contrcDing
You fall to make the scheduled payments due to Us; (2) You fell to make timely lederal law.
AGREEMEN' '
DEFAULT IN T , E PAYMENT OF THIS LOAN lb AY RESULT IN THE LOSS OF THE PROPERTY SECURING
THEtLOANi y DER DERAL LAW YOU MAY HAVE TH EIUGHT TO CANCEL THIS AGREEMENT IF YOU HAVE THIS
RIGHT TH CR IS REQUI ED TO PROVIDE YOU MITH A SEPARATE WRITTEN NOTICE SPECIFYING THE
CIRCU S CES ND TIMES UNDER WHICH YOU MAY EX3ERCISE THIS RIGHT.
Barrower's Initials
CopyrightOakTreeBusinessSystems,Inc., 2008-2017. All RightsReserved. P 2 of 3 OTBS020 EMPO16/17)
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Additional Provisions
YOUR BR.L I I(EEVTHIS NOTICE FOR FUTusE USE
This notice c taine Information about Your rights and Our responsibilitiesunderthe FattCredit Billing Act
NOTII AS t)RB Dit QUESTIONS ABOUT YOUR STATEMENT
If You think statsnient 19wrong, or If You need more information about a transaction on Your statement, write Us on a separate sheet, at Curraddressshown In this
Agreement. ‚r I s as possible. We must hear from You no later than 60 days after We send You the first statement on which the3errõror preblstri appeared.
You can tà legth wB not preserveYour dghts.
In Yout letter,.give oil Information:
- Vour Nanisend int.Number,
- ller)niohiit of so ed error.
Dniiorthe aln, If You can, why You believethere Is an error. If You need more information, describethe item You are not sure about.
YOUR RIG T QU RESPONS
Preview
FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 SUPREME COURT OF TFIE STATE OF NEW Y ORK COUNTY OF CAYUGA EMPOWER FEDERAL CREDIT UNION, Index No. E2023-0392 Plaintiff, -vs- AFFIDAVIT OF FACTS DARCIE YELLOCK A/K/A DARCIE L. YELLOCK; MARINER FINANCE, LLC; MIDLAND CREDIT DOE" DOE," MANAGEMENT,.1NC.; "JOHN AND "JANE ' Defendants. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss.: , being duly sworn, deposes and says: 1. Deponent is the 4AAMS of the plaintiff herein, and as such is familiar with all business records of the plaintiff and the proceedings pertaining to this claim. The records referred to herein are maintained in the ordinary course of plaintiffs business and it is in the regular course of plaintiffs business to maintain such records. 2. The defendant is in default under the terms of a Note and Mortgage dated May 24, 2019, copies of which are annexed hereto as Exhibits A and B, respectively, for monthly payments due from November 1, 2022. 3. The notice in accordance with RPAPL §1304 was served upon Darcie L. Yellock at 8 Easterly Avenue, Auburn, New York 13021 by depositing same in an official depository of the U.S. Postal Service in the State of New York via regular first-class and via certified mail, and the filing completed with NYS Department of Financial Services in accordance with RPAPL §l306. Copies of the mailing and proof of filing are annexed hereto as Exhibit C. 4. Upon advice of counsel, the foreclosure action was commenced on May 25, 2023 and all defendants have.been served with the summons and verified complaint, notice of electronic filing, and certificate of merit. 1 of 28 FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 5. Upon advice of counsel, time to answer expired on July 7, 2023 and no parties have submitted an answer or notice of appearance in this action. 6. Upon ad'vice of counsel, the required settlement conferences have been held and closed by the Court on September 13, 2023. 7. The balance due and owing to plaintiff is the principal sum of $20,542.53, accrued but unpaid interest as of September 13, 2023 in the sum of $1,262.33, with future interest thereon from September 13, 2023, being a variable rate currently at the rate of 8.25% per annum, late charges of $26.55, and inspection charges of $160.00. 8. Based u|ion the foregoing, plaintiff is entitled to a default judgment for the relief demanded in the verified complaint. Dated: October , 2023 El wer Fede a Cre n Sworn to before me this /(, day of Octobèr, 2023 tary blic RNNtFER LYNNERLENBACIC IOctagy Pubflo-State ofNew York No.01ER6417749 Qualified in Onondaga County Cornmission Expiree 05/24/202S 2 of 28 FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 - a EXHIRITA 3 of 28 FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 Df W Syracuse, NY 13212 800.462.5000 IsipSTIll$14RIéN: DINTEREST ONLY PLAN CREDIT I.INE ACCOljNT HOMETEQUITY SECURED CREDIT AGREEMENT A D TRUTH-IN-I.ENDING pl8CLOSURE Name DARCIE I.,YÊLLOCK (eorrowerl (sorrowed Address of Secølty roperty 8 EASTERLY AVE AUBURN, NY 13021 (Street) idityl thtate) r21p) Legal Descriptiott #Spsurity Property See Security Instrument Date of gfedmont 5/30f2O19 Loan Number 378089 Account Number 237433 Maxiññh ( i II I.thilt 20,000 00 Minimum Initial Advance $0:00 Minimum Other Advance NA Mnal Date to Request Advance 10 years from date of agreement Agreement Maturity Date 5/1/2049 In this the use of the words "Credit Union," "We," "Us" and "Our" mean EMPOWER FEDEllAL CREDIT UNION. Any person who signs this Agreetitept r IndMdueÄy and collectively, is sornetimes referred to as ' You" or "Your." "Account" means the line of credit available to You under the terms of th insis Numbers, phrases or words preceded by a O are applica >le only If the Q is marked, e.g . om!se to pay Us all amounts You borrow from Us For Amorthing Plans, during the Draw Period Your Minimum Periodic Payment will er:with Finance Charges, Late Charges, Collection be establishedand fixed at the tirne of each advance or change In Interest Rate to . herein. the amount necessary to fully amortize Your then outatending pdncipal balance no Inter then the Agreement Maturity Date, subject to the lesser of 450,00 or Your 2. 8 00NT. To the. extent permitted by law and in this Accourit balance.After the Draw Period ends, You will po longerbs able to obtain Agies our Account forany purpose. credit advances and You must repay xour outstanding 4ccourit balance (the . 'Repayment Period"). The length of alia RepaymentPeriodwill dependon the date 3. CREDT M he a granted You a Maximum Credit Umit which Is shown and the emount of Your last edvance but in no event will exceed 240 months. above sihdY Wexceed this slaximum Credit Umit. If You do, You will During the RepaymentPeriod Your Minimum PeriodicPayment will be calculated in be In defanit 0 r ement end, in eddidon to any other rights We. may the same manneras the Draw Period. have, We pay such excess sums Immediately. Any amount of cre the IWexlmum Credit UmIt stated above is not For Interest Only Plans, during the Drew Period, Your Minimum Periodic Payment see .Security Property. In the event that Your Maximurn will be established at the close of each billing cycle et an amount equal to all CredlH.IrnIt h forasse0hhÂgreement will continue in effect subject to the new accrued yet unpaid finance charges, subject to the lesser of $50.00 or Your Miudraum ÚSrù Account balance. After the Draw Period ends, You will no longer be able to obtain credit advances and You must repay Your outstanding Account balance (the A mayJequest anaadvanceby telephone, In person, by letter, "Repayment Period"). The length of the RepaymentPeriodwill depend.on the date teff. nyonlenes Check that We may supply to You or by and the amount of Your last edvance but In no everit wil7ascenti 240 months. heye provided to access Your Account. When You During the Rajiayment Period Your Minimum.Periodic hipment:will be established met require You to prove Your identity. Unless Your and fixed on the first day of the Repsyment Periodor chimsein Interest Rateto the . ûri nded by Us, You will have credit available up to Your amount r="a=ry to fully amortise Your then outs nding principal balance.noInter ! Yeur first advance must be In an amount equal to at least than the Agreement Maturity Date, aubject to the lesser of $50.00 or Your thá ..All subsequent advances must be'at least equal to Account balance. the amount as shown above end must be made prior to th a, es also shown above. We may refuse to honor 8. FINANCE CHARGES.You will be charged a Finance fat a Variable equest and We may return unpaid any such PeriodicRate on Your Account for the parlo I any lie!arke ng Balance(s) Co yee. If You request an advance by telephone, We will change each time advances are mode, payntents aré a given. The regular share account, Your share draft account or FinanceCharge begins to accrue on the date of each intfthere la no grace m specify. in any event, such advanceswill appear period. The FinanceCharge is determined by rnultip ünjinid%alance.tnYour on a m h will be conclusive evidence of the request and Account st the close of each day to the bHlingo diff for by the Yoür ob I gI ( .unlessYou establish a billing error pursuant to the Fair Periodic Rate. The bet6nceused to coryfpute' Daily Is the unpaid Credt 8 dÂtt. balanceeach day after-payments, dredite and et pa ChargesI)pve been subtracted and any new advances, Ireerarïäe preiplumniend 67 other charges 5. PAYMENTS For plans¼payments will be applied first to any Late Charge have been edded. The.sum of these chârges IsJhe I!fr e Cherie You owe. On owingithen.tó harges due, then to the outstanding principal botance. the date Vour Account is established, FINANCECHARGElfwill bâ,computed using Any unpaid FI G arges Will be pold by subsequent payments end will not be a Daily PeriodicRate of 0.01438 % correspondingto an ANNUAL PERCEpITAQE edded to the priticlpol36i-may make more frequent payments which will reduce RATEof 5.250 %. . YourRnence Chagäei; You may also repay or prepay ell or arty portion of the athqunts o a a¼anyyme without penalty4Any pprtlal payment or propeyment 7. VARISBI.It RATE. Your Account is aubject to-a Variable a a whichis based on of Yoilt Accour!ƒlil not delay Yeur asat acheduled payment. Paying only the the highest PrimeRete as published in the Money Rat 8ection of The €all Street minimum paymerit may riot be sufficient to fully emortize Your unpaid Account Joumal on the last day of each month of each year findex") plus -0.25 % balance by the and of the RepaymentPeriod in which case, you wlil be required to I"Margin"). The Index plus the Margin equals the Interest Rate. Changes in the pay Your entire remaining balance In a single balloon payment on the Agreement Index wiII cause changes In the Interest Rate on the ffrat day of the month Maturity Date4All payments to Us must be in lawful money of the United States. Immedletely following a change In the Index. Increasesor decreaseein the Interest Your scheduledpayment will be due fllorlthly beginning Rate will result In like Increasesor decreasesIn the Rnance Chargeand may affect 6/1/2019 , and You can obtain credit advances for t20 the amount of Your scheduled payrnents. The Annual PercentëgeRate does nót months {the "Draw Period"). include costs other than interest. Your Interest Rate wi(I never be greater than Borrower's Initials CopyrightOakTreeBusinessSystems,Inc., 2008-2017. All Rights.Reserved. Pa 1 of 3 OTBS020 EMPOM/17) 4 of 28 FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 Additiofia Pr wistons 18.00% and.will apply sto the remaining principal balance, If the Index becornes payments to the.holders of Mortgage/Deedsof Trust senior to Ours: 13)You fall to unavailable, We may telect another Index and Margin which would result In a pay real.property taxes prior to delinquency; (4) You fall to maintain th6 req ed substaritially similar Interest Itate. property Insurance; (6) the value of the Security Property declines significantly below the appraisedvalue upon which We refled In approving Your application; (6) 8. SECURITY. Your Account la secured by a Mortgage/Deadof Trust You have We reasonably believe that Your ability to meet Your payrpent obligations Is given Us on the SecuHty Property describedabove as well as the proceedsof the impaired because of a material change In Your financial circumstances; (7) sale of such Security Property. Except as stated herein, Your Account is not Governmental action precludes Our Imposing the Interest Rate provided herein or secured by any other collateraljreal or personal,tangible or Intangible. adversely effects the priority of Our Security Interest such thalthe value of Our Interest la less than 120% of Your Maximum Credit Umih (8) the maximum As permitted by law, to secure all transactions under this Agreement in either joint Interest Rate under this plan is reached; or 19) Govemment regulatory authorities or individel Accounts, We have the right to Impress and enforce a statutory lien find that further advances under this plan constitute an unsafe and unsound against Your shares on deposit with Us (other than those deposits estabilshed practice. When the condition which caused the suspension of advances or under a govemmental.approved tax deferral plan such as an IRA or I(eogh reduction of Your Maximum Credit Umit no longer exists, the original terms of thla account), and a… dividends due or to become due to You from Us to the extent Agreement will be reinstated. You understand that If Your right to request that You owe on anyf unpaid balance on Your Account and We may enforce Our additional edvances le suspended or Your Maximum Credit .Umit la reduced, You right to do so withoutyftfither notice to You. Additionally, You agree that We may atill owe Us whatever sums You have already borrowed, all other chargas under set"off any mutual indebtestness. thla Agreement and applicableFinanceCharges. 9. OTHERCHAliGES. In addition to the Finance Charges, Your Account is subject 18. CHANGE IN TERMS. We may change the terms of this Agreement upon to certain otheycharges which You.agree to pay either separately or as a result of proper notice to You in the following situations: (1) as provided in this Agreement; advancesmadeto Your Account ("a" means estimate): (2) to adopt a new Index if the current Index becomes unavailable; (3) by written agreement with You; (4) If the change benefits You; or (5) the change Appraisal Fee $8.00 Is insignificant. RecordindFeas $100.00 Title Policy Fees $125.00 17. LIMITATIONSON THE USE OF CONVENIENCECHECICS.We reserve the right not to honor any Convenience Check if¼(1) by paying a Convenience Check You Other $ 100 would exceed Your Maximum Credit Umit; (2) Your Convenience Check is Mortgage Tax $125.00 post-dated. We are not responsiblefor any resulting Ices or liability, however, If any PCR $0.00 such ConvenienceCheck is honored and, as e result, eny other ConvenienceCheck Is retumed unpalds(3) Your ConvenienceChecks have beenfeported lost or stolen; (4) Yout ConvenienceCheck is not signed by a Borrower under this?Agreement;(5) Total of Charges $365.00 your Account has been suspendedor terminated as provided for in this Agreement or could be if a particular ConvenienceCheck were to be honored; and/or (6) Your ConvenienceCheck is less than the Minimum Initial or IúIInimumOther Advance as The fees and chargesshown above have been waived becauseYou have agreedto shown in this Agreement or You are in violation of any transaction requirement or maintern ut securlW Interest In the Security Property securing Your Account for at would be If We honoredYour ConvenienceCheck. least 38 ceasec atonths following the Date of Agreement. If Our security Interestin th Pron9rtyaccuring Your Account la cancelledfor any fessori 18. ADDITIONAL INFORMATION. You agree that You will promptly tell Us in witl!njhe þm eriod following the Date of Agreement, You will be required writing If You move, change Your name or change Your employment. You will also to reimbufse Us for these fees and charges as an advance on Your Account provide Us underedfinancial Information upon Our request. immediately precedingthe time Your Account la closed. 19. DELAY IN ENMRCEMENT.We can delay enforcing any of Our rights under this 10. COLLECTIONCOSTS. To the extent permitted by law, You agree to pay a(I Agreement without losing them. We can accept late·payrnents, partial payments, costs of collections, including attomeys' fees whether or not suit Is filed, and other or any other payrnents even If they are marked "pald in full," without losing any of costs, includlng court costs. Our rights under this Agreement. 11. LATE ClfAltGES. If Your payment is more then 15 days late, You will be 20. SEVERABILITV.If any provision of this Agreement is held to be unenforceable, charged 2.00% of iho payment due. such determination shall not affect the validity of the remaining pavisions of this Agreement. 12. OTHERFEESAND CHARGES.You will be charged $20.00 for any check (or other Iteg6tlableInstrumbntiusedfor payment) which Is returned unpaid. 21. LIABILITY OF PARTIES. Each Borrower will be responsible, [ointly and severally,.for the repayment of amounts owed. 13. PROPERTY SI,lRANCE.You agreeto insure the Security Propertyagetnst fire in t]samount and for the period required by Us, with Us named 22. EFFECTOF $UltVIVAL EVENTS. If the Security Property that secures Your as for Our pgotection.You may purchasethe Insurancefrom any Insurer Account is located in the Commonwealth of Pennsylvania,therr for the,purposes of You wr We hiti the right not to accept the Insurer for reasonablecause, If this Agreement, 'Survival Event" is defined es follows: (a) any default described In Yoä do . .or keep éubh insurance,We may (but are under no obilgation to do the Termination provision of this Agreement: (b) any instanonjiving rise to Our so) obtain eruf pdd the oststo the principal balanceof Your Account and You ability to require You to immedletely pay the full amount of principáf which has not agreet pa for It. beert paid, and all the Interest that You owe on that emount as described in this Agreement: (c} any Instance giving rise to Our abliity tolequire tertritediatepayment 14. TERNilNAT0014.If You fall to meet the terms of repayment, or it You act or In full of ell sums secured by the Deed of TruâtMortgagddd) the Agreement fall to acfini€ay that adversely affects Our security Interest or other rights In the Maturity Date as defined in this Agreement: (a) the entry of eny Judgmentagainst Security Propony, or if You have committed fraud or made a material You under this Agreement*,and (fl the entry of any judgment under the Dead of misrepresentation c nnection with the Account, We may terminste this Trust/Mortgage. Agreerjié t and You to pay Us the outstanding beganceIn one payment, or subject to the g Law, cause the Security Property to be sold and the 23. TAX DEDUCTIBILITY. You should censult a tax advisor regarding the proceeds of sálai6 ãppliedto Your obligation to Us. To the extent permitted by deductibility of Intefeat and charges under Your Account. law, You agree to pay eny reasonablecosts of protecting, retaking, repairing or selling the Security Property. 24. GOVERNINGLAW. This Agreement is controlled and govemed by the laws of the State of New York except to the extent that the laws of the state where the 18. SUSPENSDN. Your right to request additional advances may be suspended,or Security Property is tocated governs property rights related to the Security Property Your Maximum Credit Limit reduced, at Our option, In the following Instances: (1) and except to the extent that such laws are inconsistent with contrcDing You fall to make the scheduled payments due to Us; (2) You fell to make timely lederal law. AGREEMEN' ' DEFAULT IN T , E PAYMENT OF THIS LOAN lb AY RESULT IN THE LOSS OF THE PROPERTY SECURING THEtLOANi y DER DERAL LAW YOU MAY HAVE TH EIUGHT TO CANCEL THIS AGREEMENT IF YOU HAVE THIS RIGHT TH CR IS REQUI ED TO PROVIDE YOU MITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCU S CES ND TIMES UNDER WHICH YOU MAY EX3ERCISE THIS RIGHT. Barrower's Initials CopyrightOakTreeBusinessSystems,Inc., 2008-2017. All RightsReserved. P 2 of 3 OTBS020 EMPO16/17) 5 of 28 FILED: CAYUGA COUNTY CLERK 10/19/2023 02:29 PM INDEX NO. E2023-0392 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/19/2023 Additional Provisions YOUR BR.L I I(EEVTHIS NOTICE FOR FUTusE USE This notice c taine Information about Your rights and Our responsibilitiesunderthe FattCredit Billing Act NOTII AS t)RB Dit QUESTIONS ABOUT YOUR STATEMENT If You think statsnient 19wrong, or If You need more information about a transaction on Your statement, write Us on a separate sheet, at Curraddressshown In this Agreement. ‚r I s as possible. We must hear from You no later than 60 days after We send You the first statement on which the3errõror preblstri appeared. You can tà legth wB not preserveYour dghts. In Yout letter,.give oil Information: - Vour Nanisend int.Number, - ller)niohiit of so ed error. Dniiorthe aln, If You can, why You believethere Is an error. If You need more information, describethe item You are not sure about. YOUR RIG T QU RESPONS