Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
COMMUNITY BANK, NATIONAL ASSOCIATION
201 North Union Street
Olean, New York 14760
Plaintiff,
-vs- SUMMONS
KENNETH C. EMERY, SR.
Debtor's Address: Index No.:
61 Backman Avenue
Westfield, New York 14787
KENNETH C. EMERY, JR.
Debtor's Address:
34 Bourne Street
Westfield, New York 14787
COLLATERAL ADDRESS:
34 Bourne Street
Westfield, New York 14787
#1"
and "JOHN DOE through "JANE DOE #10", the
last 10 names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
occupants, tenants, persons or entities, if any, having
or claiming an interest in or lien upon the mortgaged
premises described in the verified complaint, ACTION TO
FORECLOSE A
MORTGAGE
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this
action and to serve a copy of your answer, or, if the complaint is not served with this
Summons, to serve a Notice of Appearance, on plaintiff's attorneys within twenty (20)
days after the service of this Summons, exclusive of the day of service, or within thirty
(30) days after the service is complete if this Summons is not personally delivered to you
within the State of New York. The United States of America, if designated as a
defendant in this action, may answer or appear within sixty (60) days of service hereof.
In case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the Complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure
action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND
FILING THE ANSWER WITH THE COURT.
Chautauqua County is designated as the place of trial. The asis of venue is
the location of the mortgaged premises.
Dated: a 42/L , 2024 o a Associa , LLC
Olean, New York Michael A. Morga , Esq.
Attorneys for Plaintiff
201 North Union Street, Suite 410
Olean, NY 14760
(716) 373-2165
To:
KENNETH C. EMERY, SR.
61 Backman Avenue
Westfield, New York 14787
KENNETH C. EMERY, JR.
34 Bourne Street
Westfield, New York 14787
JOHN DOE AND JANE DOE #1-#10
34 Bourne Street
Westfield, New York 14787
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINEDWILLBEUSEDFORTHATPURPOSE.
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FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024
Fair Debt Collection Practices Act Notice
This law firm is attempting to collect a debt and any information
obtained will be used for that purpose. This notice is required by the
provisions of the Fair Debt Collection Practices Act and does not imply
to·
that we are attempting collect money from anyone who has
discharged the debt under Bankruptcy laws of the United States.
If any portion of the amount is disputed, you are to notify us in
writing within 30 days after the receipt of this notice, indicating the
nature of the dispute as to the amount due or any part thereof. If we do
not hear from you within the 30-day period, we will assume that this
claim is valid. If you indicate a dispute in writing, we will provide you
with verification of the debt by mail.
Upon written request within the 30-day period, we will provide
you with the address of the original creditor if it is different from the
current debtor.
The fact that you have 30 days to indicate a dispute will not
prevent us from taking further legal action against you within that time.
Additional amounts continue to accrue and will be added to the amount
due.
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FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
COMMUNITY BANK, NATIONAL ASSOCIATION
201 North Union Street
Olean, New York 14760
Plaintiff,
-vs- COMPLAINT
KENNETH C. EMERY, SR.
Debtor's Address: Index No.:
61 Backman Avenue
Westfield, New York 14787
KENNETH C. EMERY, JR.
Debtor's Address:
34 Bourne Street
Westfield, New York 14787
COLLATERAL ADDRESS:
34 Bourne Street
Westfield, New York 14787
#1"
and "JOHN DOE through "JANE DOE #10", the
last 10 names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
occupants, tenants, persons or entities, if any, having
or claiming an interest in or lien upon the mortgaged
premises described in the verified complaint, ACTION TO
FORECLOSE A
MORTGAGE
Defendants.
The above-named plaintiff by Morgan & Associates, PLLC, their attorneys,
complains of the above-named defendants, shows to the Court and alleges on information
and belief:
FIRST: That during the times hereinafter mentioned, the plaintiff, the holder of
the mortgage being foreclosed herein, is now the sole, true and lawful owner of the said
note and mortgage securing the same and all sums presently due there under.
SECOND: That defendants, John Doe and Jane Doe, are made defendants in the
"A"
capacities set forth in Schedule annexed hereto. That the County of Chautauqua is
the proper venue in that the real property subject to the action is located in said county.
1
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THIRD: Upon information and belief, Kenneth C. Emery, Jr. and Kenneth C.
Emery, Sr., on or about December 22, 2005, executed and delivered, for value, to
"Mortgage," "A"
Plaintiff the hereunto attached and labeled as Exhibit and made a part
hereof, signing the Mortgage encumbering the property at 34 Bourne Street, Westfield,
Property."
New York 14787, hereinafter referred to as "the For the purpose of securing
"Note,"
payment to plaintiff, defendants also executed and delivered to plaintiff a
"B,"
hereunto attached and labeled as Exhibit and made a part hereof, whereby the above
defendants, bound themselves; their heirs, executors, and administrators, and each and
every one of them, jointly and severally, to the following among other things:
a) To repay the plaintiff by means of monthly payments of Principal and
Interest, the said principal sum of FORTY-FOUR THOUSAND
DOLLARS AND 00/100 CENTS ($44,000.00) with interest thereon at the
rate SEVEN AND 125/1000 (7.125%) percent per annum;
b) To make monthly principal and interest payments in the sum of $296.44
1st
each, beginning on the first (IS') day of February, 2006, and on the of
each and every month thereafter until the principal and interests were fully
paid, except that the final payment of the entire indebtedness evidenced
thereby if not sooner paid would become due and payable on January 1,
2036;
c) To promptly pay homeowner's insurance premiums when they become
due;
d) To make monthly escrow payments for the purposes of property taxes;
said monthly escrow payment is in the sum of $185.55 as of January 22,
2024 and is subject to change;
e) To pay late charges in the amount of 2.000% of the overdue payment of
principal and interest on any late payment if the payment is at least 15
days overdue.
That the whole of said principal sum, and interest thereon, would become due and
payable, at the option of the Mortgagee, upon any Default as defined in the Note.
FOURTH: That as collateral security for the payment of the said indebtedness,
the said defendants, Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., on the same day,
executed, duly acknowledged and delivered to the mortgagee, Community Bank,
National Association, a mortgage whereby they granted, bargained and sold to the
mortgagee the premises at 34 Bourne Street, Westfield, New York 14787, Tax ID
Number 192.16-1-19. The legal description of the parcel to be foreclosed upon, which is
"Mortgage"
the parcel encumbered by the above referenced is as follows:
***SEEATTACHEDSCHEDULEB***
FIFTH: That upon information and belief, Defendants Kenneth C. Emery, Jr. and
Kenneth C. Emery, Sr. are in default for failure to make monthly principal, interest and
escrow payments in the amount of $481.99 per month, due on or before May 1, 2023 and
on or before the first (1st) of each and every month thereafter and for failure to pay
homeowner's insurance.
2
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SIXTH: Plaintiff has repeatedly notified defendants, Kenneth C. Emery, Jr. and
Kenneth C. Emery, Sr., of the default, and made demands for defendants Kenneth C.
Emery, Jr. and Kenneth C. Emery, Sr. to continue making payments.
SEVENTH: The 90-day notice along with a list of local credit counseling
agencies was sent to defendants Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. on
"C"
April 11, 2023. A copy of the same is attached hereto as Exhibit and made a part
hereof.
defendants'
EIGHTH: Upon the failure to cure their default, the full amount of the
Note was declared due on January 22, 2024. A copy of the notice where the full amount
"D"
of the Note was declared due is attached hereto as Exhibit and made a part hereof.
NINTH: That the said mortgage contained the same condition as the said bond;
and in case of default in the payment of the said sum of money, or the interest that might
grow due thereon, or of any part thereof, the said mortgagee thereby was empowered to
sell the said mortgaged premises according to law.
TENTH: That the said mortgage was duly recorded in the Clerk's Office of the
County of Chautauqua, on the thirtieth (30*) day of December, 2005, Liber 2865, Page
527, and mortgage tax was duly paid thereon. Plaintiff is the owner and holder of the
subject mortgage and note, or has been delegated the authority to institute a mortgage
foreclosure action, has possession of the original note, and has standing to foreclose.
Plaintiff has complied with all of the provisions of NY Banking Law §595-a, and any
rules and regulations promulgated thereunder, NY Banking Law §6-1 or 6-m, NY RPAPL
§1302, and NY RPAPL §304.
ELEVENTH: That the said defendant(s) have failed and neglected to comply with
the conditions of the said note and/or mortgage by omitting to make the monthly
payments of said bond and mortgage, and that there is now justly due to the plaintiff upon
the said bond and mortgage, the entire principal balance of this account in the amount of
TWENTY-NINE THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS AND
40/100 CENTS ($29,275.40), plus interest in the amount of ONE THOUSAND SIX
HUNDRED FIFTY-FOUR DOLLARS AND 95/100 CENTS ($1,654.95), plus escrow
balance in the amount of ONE THOUSAND TWO HUNDRED SEVENTY-THREE
DOLLARS AND 96/100 CENTS ($1,273.96), plus appraisal fees in the amount FOUR
HUNDRED FIFTY DOLLARS AND 00/100 CENTS ($450.00), plus inspection fees in
the amount of ONE HUNDRED EIGHTY DOLLARS AND 00/100 CENTS ($180.00),
plus pre-acceleration late fees in the amount of FORTY-ONE DOLLARS AND 51/100
CENTS ($41.51), for a total balance due to plaintiff in the amount of THIRTY-TWO
THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS AND 82/100 CENTS
($32,875.82), together with interest in the amount of SEVEN AND 125/1000 (7.125%)
per cent per annum, from January 22, 2024, plus legal fees, costs, and any other relief
that the court deems just and proper.
TWELFTH: That there are no pending proceedings at law or otherwise to collect
or enforce said note and mortgage and that there is no other action pending which has
been brought to recover said mortgage debt or any part thereof.
3
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WHEREFORE, the plaintiff demands judgment, that the defendants herein, and
all persons claiming under them or any or either of them, subsequent to the filing of the
notice of the pendency of this action, may be forever barred and foreclosed of all right,
claim, lien, title and/or equity of redemption of, in and to the said mortgaged premises
and each and every part thereof as may be necessary to raise the amounts then due for
principal, interest, costs, allowances, and disbursements, may be decreed to be sold
according to law; that the moneys arising from the sale may be brought into court; that
the plaintiff may be paid the amount due on the said mortgage and bond with interest to
the time of such payment, and the costs and disbursements of this action, and the
expenses of said sale, and reasonable attorney's fees, together with any amounts which
have been or may be advanced by the plaintiff to protect the security afforded by said
mortgage with interest thereon from the time of such payment, so far as the amount of
such moneys properly applicable thereto will pay the same; and that the defendants
Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., unless discharged in Bankruptcy, may
be adjudged to pay any deficiency which may remain after applying all of said moneys so
applicable thereto; and that the plaintiff may have such further or other relief, or both, in
the premises, as shall be just and equitable. Plaintiff specifically reserves its right to
share in any surplus monies arising from the sale of subject premises by virtue of its
position as a judgment or other lien creditor excluding the mortgage being foreclosed
herein.
DATED: // , 2024
Olean, New York
Michael A. Morgan, Es
Morgan & Associates, LC
Attorneys for the Plaintiff
201 North Union Street, Suite 410
Olean, New York 14760
(716)-373-2165
4
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VERIFICATION
I am an officer of a corporate plaintiff in this action. I have read the foregoing
complaint for action to foreclose a mortgage. The matters stated in the complaint
are true of my own knowledge except those matters stated on information and
belief, and as to those matters, I believe them to be true.
I declare under penalty of perjury under the laws of the State of New York that the
foregoing is true and correct.
Community Bank, National Association
Date: , 2024
By: ScoTT os E.
Its:pmuron consoma Mexua Lewwc.-, svP
STATE OF NEW YORK )
COUNTY OF CATTARAUGUS )
On the
Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CHAUTAUQUA COMMUNITY BANK, NATIONAL ASSOCIATION 201 North Union Street Olean, New York 14760 Plaintiff, -vs- SUMMONS KENNETH C. EMERY, SR. Debtor's Address: Index No.: 61 Backman Avenue Westfield, New York 14787 KENNETH C. EMERY, JR. Debtor's Address: 34 Bourne Street Westfield, New York 14787 COLLATERAL ADDRESS: 34 Bourne Street Westfield, New York 14787 #1" and "JOHN DOE through "JANE DOE #10", the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the occupants, tenants, persons or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, ACTION TO FORECLOSE A MORTGAGE Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this Summons, to serve a Notice of Appearance, on plaintiff's attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Chautauqua County is designated as the place of trial. The asis of venue is the location of the mortgaged premises. Dated: a 42/L , 2024 o a Associa , LLC Olean, New York Michael A. Morga , Esq. Attorneys for Plaintiff 201 North Union Street, Suite 410 Olean, NY 14760 (716) 373-2165 To: KENNETH C. EMERY, SR. 61 Backman Avenue Westfield, New York 14787 KENNETH C. EMERY, JR. 34 Bourne Street Westfield, New York 14787 JOHN DOE AND JANE DOE #1-#10 34 Bourne Street Westfield, New York 14787 THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINEDWILLBEUSEDFORTHATPURPOSE. 2 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 Fair Debt Collection Practices Act Notice This law firm is attempting to collect a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply to· that we are attempting collect money from anyone who has discharged the debt under Bankruptcy laws of the United States. If any portion of the amount is disputed, you are to notify us in writing within 30 days after the receipt of this notice, indicating the nature of the dispute as to the amount due or any part thereof. If we do not hear from you within the 30-day period, we will assume that this claim is valid. If you indicate a dispute in writing, we will provide you with verification of the debt by mail. Upon written request within the 30-day period, we will provide you with the address of the original creditor if it is different from the current debtor. The fact that you have 30 days to indicate a dispute will not prevent us from taking further legal action against you within that time. Additional amounts continue to accrue and will be added to the amount due. 3 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CHAUTAUQUA COMMUNITY BANK, NATIONAL ASSOCIATION 201 North Union Street Olean, New York 14760 Plaintiff, -vs- COMPLAINT KENNETH C. EMERY, SR. Debtor's Address: Index No.: 61 Backman Avenue Westfield, New York 14787 KENNETH C. EMERY, JR. Debtor's Address: 34 Bourne Street Westfield, New York 14787 COLLATERAL ADDRESS: 34 Bourne Street Westfield, New York 14787 #1" and "JOHN DOE through "JANE DOE #10", the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the occupants, tenants, persons or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, ACTION TO FORECLOSE A MORTGAGE Defendants. The above-named plaintiff by Morgan & Associates, PLLC, their attorneys, complains of the above-named defendants, shows to the Court and alleges on information and belief: FIRST: That during the times hereinafter mentioned, the plaintiff, the holder of the mortgage being foreclosed herein, is now the sole, true and lawful owner of the said note and mortgage securing the same and all sums presently due there under. SECOND: That defendants, John Doe and Jane Doe, are made defendants in the "A" capacities set forth in Schedule annexed hereto. That the County of Chautauqua is the proper venue in that the real property subject to the action is located in said county. 1 4 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 THIRD: Upon information and belief, Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., on or about December 22, 2005, executed and delivered, for value, to "Mortgage," "A" Plaintiff the hereunto attached and labeled as Exhibit and made a part hereof, signing the Mortgage encumbering the property at 34 Bourne Street, Westfield, Property." New York 14787, hereinafter referred to as "the For the purpose of securing "Note," payment to plaintiff, defendants also executed and delivered to plaintiff a "B," hereunto attached and labeled as Exhibit and made a part hereof, whereby the above defendants, bound themselves; their heirs, executors, and administrators, and each and every one of them, jointly and severally, to the following among other things: a) To repay the plaintiff by means of monthly payments of Principal and Interest, the said principal sum of FORTY-FOUR THOUSAND DOLLARS AND 00/100 CENTS ($44,000.00) with interest thereon at the rate SEVEN AND 125/1000 (7.125%) percent per annum; b) To make monthly principal and interest payments in the sum of $296.44 1st each, beginning on the first (IS') day of February, 2006, and on the of each and every month thereafter until the principal and interests were fully paid, except that the final payment of the entire indebtedness evidenced thereby if not sooner paid would become due and payable on January 1, 2036; c) To promptly pay homeowner's insurance premiums when they become due; d) To make monthly escrow payments for the purposes of property taxes; said monthly escrow payment is in the sum of $185.55 as of January 22, 2024 and is subject to change; e) To pay late charges in the amount of 2.000% of the overdue payment of principal and interest on any late payment if the payment is at least 15 days overdue. That the whole of said principal sum, and interest thereon, would become due and payable, at the option of the Mortgagee, upon any Default as defined in the Note. FOURTH: That as collateral security for the payment of the said indebtedness, the said defendants, Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., on the same day, executed, duly acknowledged and delivered to the mortgagee, Community Bank, National Association, a mortgage whereby they granted, bargained and sold to the mortgagee the premises at 34 Bourne Street, Westfield, New York 14787, Tax ID Number 192.16-1-19. The legal description of the parcel to be foreclosed upon, which is "Mortgage" the parcel encumbered by the above referenced is as follows: ***SEEATTACHEDSCHEDULEB*** FIFTH: That upon information and belief, Defendants Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. are in default for failure to make monthly principal, interest and escrow payments in the amount of $481.99 per month, due on or before May 1, 2023 and on or before the first (1st) of each and every month thereafter and for failure to pay homeowner's insurance. 2 5 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 SIXTH: Plaintiff has repeatedly notified defendants, Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., of the default, and made demands for defendants Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. to continue making payments. SEVENTH: The 90-day notice along with a list of local credit counseling agencies was sent to defendants Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. on "C" April 11, 2023. A copy of the same is attached hereto as Exhibit and made a part hereof. defendants' EIGHTH: Upon the failure to cure their default, the full amount of the Note was declared due on January 22, 2024. A copy of the notice where the full amount "D" of the Note was declared due is attached hereto as Exhibit and made a part hereof. NINTH: That the said mortgage contained the same condition as the said bond; and in case of default in the payment of the said sum of money, or the interest that might grow due thereon, or of any part thereof, the said mortgagee thereby was empowered to sell the said mortgaged premises according to law. TENTH: That the said mortgage was duly recorded in the Clerk's Office of the County of Chautauqua, on the thirtieth (30*) day of December, 2005, Liber 2865, Page 527, and mortgage tax was duly paid thereon. Plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action, has possession of the original note, and has standing to foreclose. Plaintiff has complied with all of the provisions of NY Banking Law §595-a, and any rules and regulations promulgated thereunder, NY Banking Law §6-1 or 6-m, NY RPAPL §1302, and NY RPAPL §304. ELEVENTH: That the said defendant(s) have failed and neglected to comply with the conditions of the said note and/or mortgage by omitting to make the monthly payments of said bond and mortgage, and that there is now justly due to the plaintiff upon the said bond and mortgage, the entire principal balance of this account in the amount of TWENTY-NINE THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS AND 40/100 CENTS ($29,275.40), plus interest in the amount of ONE THOUSAND SIX HUNDRED FIFTY-FOUR DOLLARS AND 95/100 CENTS ($1,654.95), plus escrow balance in the amount of ONE THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS AND 96/100 CENTS ($1,273.96), plus appraisal fees in the amount FOUR HUNDRED FIFTY DOLLARS AND 00/100 CENTS ($450.00), plus inspection fees in the amount of ONE HUNDRED EIGHTY DOLLARS AND 00/100 CENTS ($180.00), plus pre-acceleration late fees in the amount of FORTY-ONE DOLLARS AND 51/100 CENTS ($41.51), for a total balance due to plaintiff in the amount of THIRTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS AND 82/100 CENTS ($32,875.82), together with interest in the amount of SEVEN AND 125/1000 (7.125%) per cent per annum, from January 22, 2024, plus legal fees, costs, and any other relief that the court deems just and proper. TWELFTH: That there are no pending proceedings at law or otherwise to collect or enforce said note and mortgage and that there is no other action pending which has been brought to recover said mortgage debt or any part thereof. 3 6 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 WHEREFORE, the plaintiff demands judgment, that the defendants herein, and all persons claiming under them or any or either of them, subsequent to the filing of the notice of the pendency of this action, may be forever barred and foreclosed of all right, claim, lien, title and/or equity of redemption of, in and to the said mortgaged premises and each and every part thereof as may be necessary to raise the amounts then due for principal, interest, costs, allowances, and disbursements, may be decreed to be sold according to law; that the moneys arising from the sale may be brought into court; that the plaintiff may be paid the amount due on the said mortgage and bond with interest to the time of such payment, and the costs and disbursements of this action, and the expenses of said sale, and reasonable attorney's fees, together with any amounts which have been or may be advanced by the plaintiff to protect the security afforded by said mortgage with interest thereon from the time of such payment, so far as the amount of such moneys properly applicable thereto will pay the same; and that the defendants Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr., unless discharged in Bankruptcy, may be adjudged to pay any deficiency which may remain after applying all of said moneys so applicable thereto; and that the plaintiff may have such further or other relief, or both, in the premises, as shall be just and equitable. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein. DATED: // , 2024 Olean, New York Michael A. Morgan, Es Morgan & Associates, LC Attorneys for the Plaintiff 201 North Union Street, Suite 410 Olean, New York 14760 (716)-373-2165 4 7 of 10 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2024 VERIFICATION I am an officer of a corporate plaintiff in this action. I have read the foregoing complaint for action to foreclose a mortgage. The matters stated in the complaint are true of my own knowledge except those matters stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of New York that the foregoing is true and correct. Community Bank, National Association Date: , 2024 By: ScoTT os E. Its:pmuron consoma Mexua Lewwc.-, svP STATE OF NEW YORK ) COUNTY OF CATTARAUGUS ) On the