Preview
FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
EXHIBIT A
FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
USU126inct 175
To:
Amer t Mortgage
P. O. 11507,
.
Santa , CA 92'711
Pmpared By:Ameriques t Mor t gage Company
f*/ NO00AD & 95tm90t
2649 South Road, Suite
200 111 SINCLAIR m
BRISTot M. 19007
Poughkeepain, NY 12601
[D1 L. Above TMs Line ForReneeding
MORTGAGE
WORDS USED OFTENIN TESDOCUMENT
Instrument" 14 , 2005
(A) "Security This document, which is dated June ,
Instrument"
together with all Riders to this document, will be called the "Security
"Borrower." REGDRLD DECK AND CAROL PECK, HIS WZ FE, AB TENANTS BY THE
(B)
ENTIRETY
!
address is 1681 parker hollow road, Unadilla,NY 13849
whose
"Borrower" "I" "me."
sometimes will be called and sometimes simply or
"Leader." Ameriquest Mortgage Company .
(C)
"Londer." is a corporation or association which exists under the laws of
will be called Leader
Delaware , Leader'saddress is 1100 Tosen and Country
Road, Suite 200 Orange, CA 92868
Fonn 3033 WOf
NSW YORK "mngle Fondly - Pennie MaelFreddle Mac UNIFORMINSTRUNIENT
0119170942 -5593
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
um1261.nc 176
"Note." ne note signed by Borrower and dated June 14 , 2008
(D) , will be called
"Note."
the he Note shows that I owe Leader ninety-mnight thousand one hunchred and
00/100
Dollars (U.S. $ 98, 100. 00 ) plus interest
'
and other amounts that may be payable. I have promised to pay this debt in Periodic Payments and to pay the
debt in full by July 1, 2035
Property," will
property that is described below in the section titled "Description of the
"Loan." "Loan" means the charges and
(F) The debt evidenced by the Note, plus interest, any prepayment
late charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Sums
Secured." he amounts described below in the section titled "Borrower' s Transfer to Leader of
Propesty" Secured."
Rights in the sometimes will be called the "Sums
"Riders." All Riders attached to this Security Instrument that ate signed by Borrower will be called
Riders."
he following to be signed by Borrower [check box as applicable]:
A ustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider .
VA Rider Biwookly Payment Rider Other(s) [specify)
" Law." All controlling plicable federal, state and local statutes, regulations, ordinances
(I) plicable
and miniatrative rules and orders ( at have the effect of law) as well as all applicable final,
Law."
non-appealable, 'udicial opinions will be called "Applicable
Assessments."
(3) "Commun Association Dues, Fees, and All dues, fees, assessments and other charges
that are impos on Borrower or the Property by a condominium association, homeowners association or
Assessments."
similar organization will be called "Community Association Dues, Fees, and
Transfer." Transfer" means
(K) "Electronic Funds "Electronic Punds any transfer of money, other than by
which is initiated through an clectronic telephonie
check, draft, or similar paper instrument, termmal,
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
credit an account Some common examples of an Electronic Funds Transfer are point-of-sale transfbrs
(where a cant such as an asset or debit card is used at a merchant), automated teller inachine (or ATM) .
transfers initiated by telephone, who transfbra, and automated clearinghouse transfers.
transactions, Items."
Items."
(L) "Escrew Those items that are described in Section 3 will be called "Escrow
Proceeds." Proceeds" means award of
(M) "Miscellaneous "Miscellaneous any cornpensation, settlement,
damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and paid under
the coverage described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) Condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid
Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
"Condemnation."
A taking of the Property by any govemmental eminent domain is known as
authority by
Insurance." Insurance" against the
(N) "Mortgage "Mortgage means insurance protecting Londer
nonpayment of, or defhult on the Loan.
" Šte scheduled amount due for (i) principal and interest under the Note,
(0) "Periodic Payment
regularly Payment."
and Gi) any amounts under Section 3 wdl be called "Periodio
"RESPA." "RESPA"
(P) means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended frtan time
to time, or any additional or successor legislation or re lation that governs the same subject matter. As used
"RESPA" that are imposed in regard to
in this Security Instrument, refers to all requ ements and restrictions
loan" loan"
a "federally related mortgage even if the Loan does not qualify as a "fbderally related mortgage
under RESPA.
Inunts:
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UW1261MM 177 .
BORROWER'S TRANSFER TO LENDEROF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to Lender est to the terms of this Security Instrument.
This means that, by signing this Secuti Instrument, I inh giv Leader those rights that am stated in this
Security Instrument and also those ri that Applicable Law g es to lenders who hold mortgages on real
property.I am giving Londer these ri to protect Lender from possible losses that might gesult if I fbil to:
(A) Pay all the amounts that I owe nder as stated in the Note including, but not limited to, all renewals,
extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Leader spends under this Security Instrument to pmtect the value of
the Property and Lender's righs in the Property; and
(C) Keep all of my other pronuses and agreements under this Security Instrument and the Note.
DESCRIPTION OF THE PROPERTY
I give Lender rights in the Property described in (A) through (0) below:
(A) The Property which is located at 1681 parker hollow road
(sneer]
Unadilla (city, Town crvalasc], New York 13849 121pcods].
This Property is in DELAWA1UE County. It has the following legal
description:I,egal De s cription Attached IIere to and Made a Par t IIereof .
(B) All buildings and other improvements that are located on the Property described in subsection (A) of this
(C AM in other that I have as owner of the described in subsection (A) of this
Property;"
section. ese rights are kno as "easements and appurtenances a ed to the
in the streets or mads in front of, or next to, the Property
) All rights that 1 bave in the land which lies
ed m subsection (A) oftbis section;
All fixtures that are now or in the future will be on the Property desented in subsections (A) and (B) of
)
s section;
through (E) of this section that I sequire in the
(F) All of the rights and property described in subsections (B)
thture and
of or additions to the described in subsections (B) through (F) of this section
(G) Ah replacements
and all Insurance Proceeds for loss or damage , and all Miscellaneous Proceeds of the Paperty described
in subsections (A) through (F) of this section.
inman:
pagesgo Form 3033 1/01
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. UBU S261 Puf 178
FTWC-3
First American 11tle Insurance Company
Of New York
SCREDDLE A
TITLE N0.: 200000704954
DED ONE:
TRACTOR FARCEL OF LAND SITQME ZN THE TONN OF MASONVELLE, DEZANARE
ALL THAT
COUNTZ, NEW TORE, EOUNDED AND DESCREEED AS FOLLONE, TO-NITg
TEE
COMMENCZNG AT A POZNT IN TER CENTER LZNE OF PAREER HOLLOW ROAD AND E52NG
SOUTRFAST CORNER OF PREMISES OF SAID REGENALD FECE AND CA1tOL PECE, EZS N2P5,
CONVETED EEREEN AND RUNNZNG THENCE i.
AND THE SCUTRNEST CORMER OF THE PREMISES
2N A GENERAL NOETHERLT DIRECTION ALONG THE DIVISION LZNE EETHEEN PREMISES OF
SAZD EEGINALD PECE AND CAROL PECE AND THE PREMISES DESCREEED MEREZN A
DISTANCE OF 180 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE ZN A GENERAL
EASTERLT DIRECTION AND AT RISET ANGLES 20 THE FIRST DESCRZEED LZNE A DESTAMcE
OF 75 FRET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE IN A emarmRAL SOU5SMtLT
DZBECTION AND PARALLEL WITH TBE FIRST DESCRIEED LINE A DESTANCE OF ISO FEET
MORE OR LESS TO THE CENTER LINE OF SAID PAREER ROLLOW ROAD; THENCE ZN A
(ENERAL NESTERLT D2RECTION ALONG THE CENTER LINE OF SAID PAREER ROLLON ROAD A
FRET NORE OR LESS TO THE PO2NT OR PLACE OF EEGINNING.
DISTANCE OF 75
APPURTENANCES AND ALL THE ESTATE AND RZGHTS OP THE PARTIES
TOSETHER WITH THE
OF THE FIRST PART ZN AND 20 SAID PREMISES.
. .
DEED THO:
OF LAND, SZTUATE ZN THE TONN OF MASONVILLE, COUNTY ;
ALL TEAT TRACT OR PARCEL FOLLONS"
OF DELANARE AND STATE OF NEN 20BR, ECUNDED AND DEst"mTum AS
CALLED THE MASONVELLE - YOUNGS
EEGINNING ZN THE CENTER OF THE RZGMWAT,
NCME 30 DEGREES NEST, ALONG THE EASTERLT
STATZON ROAD, AND RDNNZNG TENCE
OLD PAREER MOLZ4W SCHOOL HOUSE LOT ONE HUNDRED AND THERTE FEET
EOUNDS OF THE
TO AN ZRON STAEE; THENCE EASTERLY PARALLEL TO SAZD NZGREAY ONE MUNDRED AND
THENCE SOUTE mZRTE DEGREES EAST, Pams.mv.
SEETT FEET, TO ANOTEER ERON STAEE;
LZNE GZVEN, ONE EUNDRED AND TRTRTE FEET, PASSING AN TRON STAEE
TO THE FIRST
AT THE EDGE OF THE ROAD, TO THE CENTER OF SAZD HIGNHAX; THENCE WESTERLT ALONG
THE CENTER OF saZD HIGENAX TO THE PLACE OF EEGINNING.
ALEO THE FULL AND FREE RIGHT TO OBTAIN WATER FROM A SPRING LOCATED
APPROE2MATELY 300 FEET NORTH OF THE NORTH BOUNDARZ OF LANDS OF PART2ES OF THE
SECOND PART DESCREEED IN A DEED FROM LENTS AND MARJORZE PECR TO STENART R.
DATED APRIL 5, 1952 AND RECORDED APREL 14, 1952 ZN
PECE AND ANTIONETTE PECR,
PAGE SS EN THE DELAWARE COUNTY CLERESS OFFICE. THE
LEEER 324 OF DEEDS AT
TO NHICE SAID REGHT ZS GIVEN TO THE PARTIES OF THE SECONDS PART, 28
SPRZNG,
COUNTZ OF AS DESCRIEED
EOCATED ON LAND IN THE TONN OF NASONVELLE, DELANARE,
AND RECORDED "7UNE 7, 1944 ZN LZEER 230 DEEDS AT
ZN DEED DATED MAROE 11, 1942
PARTIES OF THE FZEST PART ALSO GRANT Of THE PARTZES OF TER SECOND
PAGE 653.
LZNE FRON THE MDRTH EOUNDARY OF TEE SECOND
PART A REGHT TO LAX a WATER PIPE
PARTIES ZANDS TO TEE AFOREMENTZONED SPRINS. TEE PARTZES OF THE SECOND PART
PROPERTZ TO M&ZNTAIN AND REPAZR SAID
ALSO HAVENG THE REGHT TO ENTER SAID
NATER LZNE.
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tim1261PW 179
IS TO BDN NZTE TEE LAND AND SEALL EE EINDZNG UPON AND ENUBE 20
THES
TEE BENEFZT OF THE RESPECTZVE PAREXES MEEETO, THEER EEERS, LEGAL
REPRE5ENTATIVES, SUCCESSORS AND ASSIGNG.
THE APPORRERMCES AND ALL THE ESTATE AND RZGRES OF THE PARTZ OF
TOGETEER WITE
THE FIRST PART ZN AND 20 SAID PREMISES.
FOR ZNFORMATION PORPOSES ONLT
TER PROPERTT 28 COMMONLT HNogBT As,
1681 PAEEER HOLLOW ROAD, UNADZLLA, NZ 13848
.a
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uW1261M 180
BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION
TO DEFEND OWNERSHIP OF THE PROPERTY
I promise that:
(A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the
Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those
which are ofpublic record.
I give a general warranty of title to Lender, This means that I will be fully responsible for any losses
which Lender suffers because someone other than myself has some of the rights in the Property which I
promise that I have. I promise that I will defend my ownership of the Property against any claims of such
rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Security Instrument contains promises and agreements that are used in real property security
instruments all over the country. It also contains other promises and agreements that vary in different parts
language."
of the country. My promises and agreements are stated in "plain
COVENANTS
Ipromise and I agree with Lender as follows:
Promise
1. Borrower's to Pay. I will pay to Lender on time principal and interest due under the Note
and any prepayment, late charges and other amounts due under the Note. I will also pay all amounts for
Escrow Items under Section 3 of this Security Instrument.
Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my
payments by check or other payment instrument is retumed to Lender unpaid, Lender may require my
treasurer'
payment be made by: (a) cash; (b) money order; (c) certified check, bank check, s dieck or cashier's
check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;
or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location required in the Note, or at
another location designated by Lender under Section 15 of this Security Instrument. Lender may return or
accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If
Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that I may make in the future
and does not waive any of its rights. Lender is not obligated to apply such lesser payments when it accepts
such payments. If interest on principal accrues as if all Periodic Payments had been paid when due, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until I make
payments to bring the Loan current. If I do not do so within a reasonable period of time, Lender will either
apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the
outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have now
or in the future against Leader will relieve me from making payments due under the Note and this Security
Instrument or keeping all of my other promises and agreements secured by this Security Instrument.
2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this
Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following
order:
First, to pay interest due under the Note;
Next, to pay principal due under the Note; and
Next, to pay the amounts due Lender under Section 3 of this Security Instrument.
Such payments will be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts will be applied as follows:
First, to pay any late charges;
Next, to pay any other amounts due under this Security Instrument; and
Next, to reduce the principal balance of the Note.
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If Lender receives a payment from me fbr a late Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the late Periodic Payment and the late charge. If
more than one Periodic Payment is due, Lender may apply any payment received fi·om me: First, to the
repayment of the Periodic Payments that are due if, and to the extent that, each payment can be paid in full;
Next, to the extent that any excess exists after the payment is applied to the fhil payment of one or more
Periodic Payments, such excess may be applied to any late charges due.
Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as
described in the Note.
Any lication of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal due under
the Note wil not extend or postpone the due date of the Periodic Payments or change the amount of those
payments.
3. Monthly Payments For Taxes And Insurance,
(a) Borrower's Obligations.
I will pay to Leader all amounts necessary to pay for taxes, assessments, water charges, sewer rents and
other similar charges, gmund leasehold payments or rents (if any), hazard or property insurance covering the
Property, flood insurance (if any), and any required Mortgage Insurance, or a Loss Reserve as described in
Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be applied
Items:"
toward payment of the following items which are called "Escrow
(1) The taxes, assessments, water charges, sewer rents and other similar charges, on the Property which
under Applicable Law may be superior to this Security Instrument as a Lien on the Property. Any claim,
demand or charge that is made against pmperty because an obligation has not been fulfilled is known as a
"Lien;"
(2) The leasehold payments or ground rents on the Property (if any);
(3) The premium for any and all insurance squired by Lender under Section 5 of this Security Instrument;
(4) The premium for Mortgage Insurance (if any);
(5) The amount I may be required to pay Lender under Section 10 of this Security Instrument instead of the
payment of the premium for Mortgage Insurance (if any); and
(6) If required by Leader, the amount for any Community Association Dues, Fees, and Assessments.
After signing the Note, or at any time during its tenn, Lender may include these amounts as Escrow
Items. The monthly payment I will make for Escrow Items will be based on Lender'sestimate of the annual
amount required.
I will pay all of these amounts to Leader unless Lender tells me, in writing, that I do not have to do so,
or unless Applicable Law requires otherwise. I will make these payments on the same day that my Periodic
Payments of principal and interest are due under the Note.
Funds."
The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow
I will pay Lender the Escrow Funds for Escrow Items unless Lender waives my obligation to pay the Escrow
Funds for any or all Escrow Items. Lender may waive my obligation to pay to Lender Escrow Funds for any
or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, I will pay
directly, when and where payable, the amounts due for any Escrow Items for which payment of Escrow
Funds has been waived by Leader and, if Leader requires, will promptly send to Lender receipts showing
such payment within such time period as Lender may require. My obligation to make such payments and to
provide receipts will be considered to be a promise and agreement contained in this Security Instrument, as
agreements"
the phrase "promises and is used in Section 9 of this Security Instmment. If I am obligated to
pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender
may pay that amount and I will then be obligated under Section 9 of this Security Instrument to repay to
Londer. Londer may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 of this Security Instrument and, upon the revocation, I will pay to Lender all
Escrew Punds, and in amounts, that are then required under this Section 3.
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I promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid.
Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing
assessments and bills and reasonable estimates of the amount I will have to pay for Escrow Items in the
future, unless Applicable Law requires Lender to use another method for determining the amount I am to
Pay.
Londer may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to
apply the Escrow Funds at the time specified under RESPA. Applicable Law puts limits on the total amount
of Escrow Funds Lender can at any time collect and hold. This total amount cannot be more than the
maximum amount a lender could require under RESPA. If there is another Applicable Law that imposes a
lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be limited to the
lower amount.
(b) Leader's Obligations.
Lender will keep the Escrow Funds in a savings or banking institution which has its deposits insured by
a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a savings
or banking institution, Lender may hold the Escrow Funds. Lender will use the Escrow Funds to pay the
Escrow Items no later than the time allowed under RESPA or other Applicable Law. Lender will give to me,
without chase, an annual accounting of the Escrow Funds. That accounting will show all additions to and
deductions from the Escrow Funds and the reason for each deduction.
Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to
pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for
veriitying and totaling assessments and bills. However, Lender may charge me for these services if Lender
pays me interest on the Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender
will not be required to pay me any interest or earnings on the Escrow Funds unless either (1) Lender and I
agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Lender to
pay interest on the Escrow Funds.
(c) Adjustments to the Escrow Funds.
Under Applicable Law, the e is a limit on the amount of Escrow Funds Lender may hold. If the amount
of Escrow Funds held by Lender exceeds this limit, then there will be an excess amount and RESPA requires
Lender to account to me in a special manner for the excess amount of Escrow Funds.
If, at any time, Londer has not received enough Escrow Funds to make the payments of Escrow Items
when the payments are due, Leader may tell me in writing that an additional amount is necessary. I will pay
to Lender whatever additional amount is necessary to pay the Escrow Items when the payments are due, but
the number of payments will not be more than 12.
When I have paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that
are then being held by Lender.
4, Borrower's Obligation to Pay Charges, Assessments and Claims. I will pay all taxes,
assessments, water chases, sewer rents and other similar charges, and any other charges and fines that may
be imposed on the Property and that may be superior to this Security Instrument. I will also make ground
rents or payments due under my lease if I am a tenant on the Property and Community Association Dues,
Fees, and Assessments (if any) due on the Property. If these items are Escrow Items, I will do this by making
the payments as described in Section 3 of this Security Instrument In this Security Instrument, the word
"Person"
means any individual, organization, governmental authority or other party.
I will promptly pay or satisfy all Liens against the Property that may be superior to this Security
Instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) I agree,
in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way in which I
agree to pay that obligation, but only so long as I am performing such agreement; (b) in good faith, 1 argue
or defend against the superior Lien in a lawsuit so that in Londers opinion, during the lawsuit, the superior
Lion may not be enforced, but only until the lawsuit ends; or (c) I secure from the holder of that other Lien
an agreement, approved in writing by Lender, that the Lion of this Security Instrument is superior to the Lion
mee
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b u01261m 183
held by that Person. If Leader determines that any part of the Property is subject to a superior Lien, Lender
may give Borrower a notice identifying the superior Lien. Within 10 days of the date on which the notice is
given, Borrower shall pay or satisfy the superior Lien or take one or more of the actions mentioned in this
Section 4.
Leader also may require me to pay a one-time charge for an independent real estate tax reporting
service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender to make
such a charge.
5. Borrower's Obligation to Maintain Hazard Insurance or Property Insurance. I will obtain
hazard or paperty insurance to cover all buildings and other improvements that now are, or in the future will
be, located on the Property. The insurance will cover loss or damage caused by fire, hazards normally
Coverage"
covered by "Extended hazard insurance policies, and any other hazards for which Lender requires
coverage, including, but not limited to earthquakes and floods. The insurance will be in the amounts
(including, but not limited to, deductible levels) and for the periods of time required by Lender. What Lender
requires under the last sentence can change during the term of the Loan. I may choose the instuance
Lender'
company, but my choice is subject to s right to disapprove. Lender may not disapprove my choice
unless the disapproval is reasonable. Lender may require me to pay either (a) a one-time charge for flood
zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect the flood zone determination or certification. If I disagree with the flood zone
determination, I may squest the Federal Emergency Management Agency to review the flood zone
determination and I pmmise to pay any fees charged by the Federal Emergency Management Agency for its
review.
If I failto maintain any of the insurance coverages described above, Lender may obtain insurance
Lender'
coverage, at soption and my expense. Lender is under no obligation to purchase any particular type
or amount of coverage. Therefore, such coverage will cover Lender, but might or might not protect me, my
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide
greater or lesser coverage than was previously in effect. I anknowledge that the cost of the insurance
coverage so obtained might significantly exceed the cost of insurance that I could have obtained. Any
amounts disbursed by Londer under this Section 5 will become my additional debt secured by this Security
instrument. These amounts will bear interest at the interest rate set forth in the Note from the date of
disbursement and will be payable with such interest, upon notice from Lender to me requesting payment.
All of the insurance policies and mnewals of those policies will include what is known as a "Standard
Clause"
Mortgage to protect Lender and will name Lender as mortgagee and/or as an additional loss payee.
The form of all policies and renewals will be acceptable to Lender. Lender will have the right m hol
Preview
FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 EXHIBIT A FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 USU126inct 175 To: Amer t Mortgage P. O. 11507, . Santa , CA 92'711 Pmpared By:Ameriques t Mor t gage Company f*/ NO00AD & 95tm90t 2649 South Road, Suite 200 111 SINCLAIR m BRISTot M. 19007 Poughkeepain, NY 12601 [D1 L. Above TMs Line ForReneeding MORTGAGE WORDS USED OFTENIN TESDOCUMENT Instrument" 14 , 2005 (A) "Security This document, which is dated June , Instrument" together with all Riders to this document, will be called the "Security "Borrower." REGDRLD DECK AND CAROL PECK, HIS WZ FE, AB TENANTS BY THE (B) ENTIRETY ! address is 1681 parker hollow road, Unadilla,NY 13849 whose "Borrower" "I" "me." sometimes will be called and sometimes simply or "Leader." Ameriquest Mortgage Company . (C) "Londer." is a corporation or association which exists under the laws of will be called Leader Delaware , Leader'saddress is 1100 Tosen and Country Road, Suite 200 Orange, CA 92868 Fonn 3033 WOf NSW YORK "mngle Fondly - Pennie MaelFreddle Mac UNIFORMINSTRUNIENT 0119170942 -5593 06/14/2005 12:02 : 51 AMONY(ocostos 7777777707070700076786242717744400F76360 6530555511 348510s800774243737740 "88'*' 1223077 044760007 vuP Matpacesendlena,an (soo)set FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 um1261.nc 176 "Note." ne note signed by Borrower and dated June 14 , 2008 (D) , will be called "Note." the he Note shows that I owe Leader ninety-mnight thousand one hunchred and 00/100 Dollars (U.S. $ 98, 100. 00 ) plus interest ' and other amounts that may be payable. I have promised to pay this debt in Periodic Payments and to pay the debt in full by July 1, 2035 Property," will property that is described below in the section titled "Description of the "Loan." "Loan" means the charges and (F) The debt evidenced by the Note, plus interest, any prepayment late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Sums Secured." he amounts described below in the section titled "Borrower' s Transfer to Leader of Propesty" Secured." Rights in the sometimes will be called the "Sums "Riders." All Riders attached to this Security Instrument that ate signed by Borrower will be called Riders." he following to be signed by Borrower [check box as applicable]: A ustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider . VA Rider Biwookly Payment Rider Other(s) [specify) " Law." All controlling plicable federal, state and local statutes, regulations, ordinances (I) plicable and miniatrative rules and orders ( at have the effect of law) as well as all applicable final, Law." non-appealable, 'udicial opinions will be called "Applicable Assessments." (3) "Commun Association Dues, Fees, and All dues, fees, assessments and other charges that are impos on Borrower or the Property by a condominium association, homeowners association or Assessments." similar organization will be called "Community Association Dues, Fees, and Transfer." Transfer" means (K) "Electronic Funds "Electronic Punds any transfer of money, other than by which is initiated through an clectronic telephonie check, draft, or similar paper instrument, termmal, instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Some common examples of an Electronic Funds Transfer are point-of-sale transfbrs (where a cant such as an asset or debit card is used at a merchant), automated teller inachine (or ATM) . transfers initiated by telephone, who transfbra, and automated clearinghouse transfers. transactions, Items." Items." (L) "Escrew Those items that are described in Section 3 will be called "Escrow Proceeds." Proceeds" means award of (M) "Miscellaneous "Miscellaneous any cornpensation, settlement, damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. "Condemnation." A taking of the Property by any govemmental eminent domain is known as authority by Insurance." Insurance" against the (N) "Mortgage "Mortgage means insurance protecting Londer nonpayment of, or defhult on the Loan. " Šte scheduled amount due for (i) principal and interest under the Note, (0) "Periodic Payment regularly Payment." and Gi) any amounts under Section 3 wdl be called "Periodio "RESPA." "RESPA" (P) means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended frtan time to time, or any additional or successor legislation or re lation that governs the same subject matter. As used "RESPA" that are imposed in regard to in this Security Instrument, refers to all requ ements and restrictions loan" loan" a "federally related mortgage even if the Loan does not qualify as a "fbderally related mortgage under RESPA. Inunts: ANIONY toooshce passa en y Fenn 8033 151 0119170 94 2 - 5593 777777770707070007s786242717744400776350 ass00sesit072s2247247sms00m24a7smo 0 6/14/ 2005 12:02:51 1 883045771107 . FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 UW1261MM 177 . BORROWER'S TRANSFER TO LENDEROF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender est to the terms of this Security Instrument. This means that, by signing this Secuti Instrument, I inh giv Leader those rights that am stated in this Security Instrument and also those ri that Applicable Law g es to lenders who hold mortgages on real property.I am giving Londer these ri to protect Lender from possible losses that might gesult if I fbil to: (A) Pay all the amounts that I owe nder as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Leader spends under this Security Instrument to pmtect the value of the Property and Lender's righs in the Property; and (C) Keep all of my other pronuses and agreements under this Security Instrument and the Note. DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described in (A) through (0) below: (A) The Property which is located at 1681 parker hollow road (sneer] Unadilla (city, Town crvalasc], New York 13849 121pcods]. This Property is in DELAWA1UE County. It has the following legal description:I,egal De s cription Attached IIere to and Made a Par t IIereof . (B) All buildings and other improvements that are located on the Property described in subsection (A) of this (C AM in other that I have as owner of the described in subsection (A) of this Property;" section. ese rights are kno as "easements and appurtenances a ed to the in the streets or mads in front of, or next to, the Property ) All rights that 1 bave in the land which lies ed m subsection (A) oftbis section; All fixtures that are now or in the future will be on the Property desented in subsections (A) and (B) of ) s section; through (E) of this section that I sequire in the (F) All of the rights and property described in subsections (B) thture and of or additions to the described in subsections (B) through (F) of this section (G) Ah replacements and all Insurance Proceeds for loss or damage , and all Miscellaneous Proceeds of the Paperty described in subsections (A) through (F) of this section. inman: pagesgo Form 3033 1/01 AMONY (codeMis 0 6/14 /2005 12:02 : 51 . 0119110 9 42 -5693 mmnoro707oo07878524271n44400n8350 6630655511073338472464115610774243737740 122son gg¾¾)gpmisseco107 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 . UBU S261 Puf 178 FTWC-3 First American 11tle Insurance Company Of New York SCREDDLE A TITLE N0.: 200000704954 DED ONE: TRACTOR FARCEL OF LAND SITQME ZN THE TONN OF MASONVELLE, DEZANARE ALL THAT COUNTZ, NEW TORE, EOUNDED AND DESCREEED AS FOLLONE, TO-NITg TEE COMMENCZNG AT A POZNT IN TER CENTER LZNE OF PAREER HOLLOW ROAD AND E52NG SOUTRFAST CORNER OF PREMISES OF SAID REGENALD FECE AND CA1tOL PECE, EZS N2P5, CONVETED EEREEN AND RUNNZNG THENCE i. AND THE SCUTRNEST CORMER OF THE PREMISES 2N A GENERAL NOETHERLT DIRECTION ALONG THE DIVISION LZNE EETHEEN PREMISES OF SAZD EEGINALD PECE AND CAROL PECE AND THE PREMISES DESCREEED MEREZN A DISTANCE OF 180 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE ZN A GENERAL EASTERLT DIRECTION AND AT RISET ANGLES 20 THE FIRST DESCRZEED LZNE A DESTAMcE OF 75 FRET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE IN A emarmRAL SOU5SMtLT DZBECTION AND PARALLEL WITH TBE FIRST DESCRIEED LINE A DESTANCE OF ISO FEET MORE OR LESS TO THE CENTER LINE OF SAID PAREER ROLLOW ROAD; THENCE ZN A (ENERAL NESTERLT D2RECTION ALONG THE CENTER LINE OF SAID PAREER ROLLON ROAD A FRET NORE OR LESS TO THE PO2NT OR PLACE OF EEGINNING. DISTANCE OF 75 APPURTENANCES AND ALL THE ESTATE AND RZGHTS OP THE PARTIES TOSETHER WITH THE OF THE FIRST PART ZN AND 20 SAID PREMISES. . . DEED THO: OF LAND, SZTUATE ZN THE TONN OF MASONVILLE, COUNTY ; ALL TEAT TRACT OR PARCEL FOLLONS" OF DELANARE AND STATE OF NEN 20BR, ECUNDED AND DEst"mTum AS CALLED THE MASONVELLE - YOUNGS EEGINNING ZN THE CENTER OF THE RZGMWAT, NCME 30 DEGREES NEST, ALONG THE EASTERLT STATZON ROAD, AND RDNNZNG TENCE OLD PAREER MOLZ4W SCHOOL HOUSE LOT ONE HUNDRED AND THERTE FEET EOUNDS OF THE TO AN ZRON STAEE; THENCE EASTERLY PARALLEL TO SAZD NZGREAY ONE MUNDRED AND THENCE SOUTE mZRTE DEGREES EAST, Pams.mv. SEETT FEET, TO ANOTEER ERON STAEE; LZNE GZVEN, ONE EUNDRED AND TRTRTE FEET, PASSING AN TRON STAEE TO THE FIRST AT THE EDGE OF THE ROAD, TO THE CENTER OF SAZD HIGNHAX; THENCE WESTERLT ALONG THE CENTER OF saZD HIGENAX TO THE PLACE OF EEGINNING. ALEO THE FULL AND FREE RIGHT TO OBTAIN WATER FROM A SPRING LOCATED APPROE2MATELY 300 FEET NORTH OF THE NORTH BOUNDARZ OF LANDS OF PART2ES OF THE SECOND PART DESCREEED IN A DEED FROM LENTS AND MARJORZE PECR TO STENART R. DATED APRIL 5, 1952 AND RECORDED APREL 14, 1952 ZN PECE AND ANTIONETTE PECR, PAGE SS EN THE DELAWARE COUNTY CLERESS OFFICE. THE LEEER 324 OF DEEDS AT TO NHICE SAID REGHT ZS GIVEN TO THE PARTIES OF THE SECONDS PART, 28 SPRZNG, COUNTZ OF AS DESCRIEED EOCATED ON LAND IN THE TONN OF NASONVELLE, DELANARE, AND RECORDED "7UNE 7, 1944 ZN LZEER 230 DEEDS AT ZN DEED DATED MAROE 11, 1942 PARTIES OF THE FZEST PART ALSO GRANT Of THE PARTZES OF TER SECOND PAGE 653. LZNE FRON THE MDRTH EOUNDARY OF TEE SECOND PART A REGHT TO LAX a WATER PIPE PARTIES ZANDS TO TEE AFOREMENTZONED SPRINS. TEE PARTZES OF THE SECOND PART PROPERTZ TO M&ZNTAIN AND REPAZR SAID ALSO HAVENG THE REGHT TO ENTER SAID NATER LZNE. FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 tim1261PW 179 IS TO BDN NZTE TEE LAND AND SEALL EE EINDZNG UPON AND ENUBE 20 THES TEE BENEFZT OF THE RESPECTZVE PAREXES MEEETO, THEER EEERS, LEGAL REPRE5ENTATIVES, SUCCESSORS AND ASSIGNG. THE APPORRERMCES AND ALL THE ESTATE AND RZGRES OF THE PARTZ OF TOGETEER WITE THE FIRST PART ZN AND 20 SAID PREMISES. FOR ZNFORMATION PORPOSES ONLT TER PROPERTT 28 COMMONLT HNogBT As, 1681 PAEEER HOLLOW ROAD, UNADZLLA, NZ 13848 .a FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 uW1261M 180 BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which are ofpublic record. I give a general warranty of title to Lender, This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that I have. I promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other promises and agreements that vary in different parts language." of the country. My promises and agreements are stated in "plain COVENANTS Ipromise and I agree with Lender as follows: Promise 1. Borrower's to Pay. I will pay to Lender on time principal and interest due under the Note and any prepayment, late charges and other amounts due under the Note. I will also pay all amounts for Escrow Items under Section 3 of this Security Instrument. Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my payments by check or other payment instrument is retumed to Lender unpaid, Lender may require my treasurer' payment be made by: (a) cash; (b) money order; (c) certified check, bank check, s dieck or cashier's check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location required in the Note, or at another location designated by Lender under Section 15 of this Security Instrument. Lender may return or accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that I may make in the future and does not waive any of its rights. Lender is not obligated to apply such lesser payments when it accepts such payments. If interest on principal accrues as if all Periodic Payments had been paid when due, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until I make payments to bring the Loan current. If I do not do so within a reasonable period of time, Lender will either apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have now or in the future against Leader will relieve me from making payments due under the Note and this Security Instrument or keeping all of my other promises and agreements secured by this Security Instrument. 2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order: First, to pay interest due under the Note; Next, to pay principal due under the Note; and Next, to pay the amounts due Lender under Section 3 of this Security Instrument. Such payments will be applied to each Periodic Payment in the order in which it became due. Any remaining amounts will be applied as follows: First, to pay any late charges; Next, to pay any other amounts due under this Security Instrument; and Next, to reduce the principal balance of the Note. AM6NY (coos).on page4 or17 For m 3033 1/01 0119170 9 42 - 5593 7777777707070700076765242717744400776350 6530555511073333463475105000774243737740 06 /14 / 2005 12 : 02 : 51 1223077 7 1673144771107 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 . twi261sci 181 If Lender receives a payment from me fbr a late Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the late Periodic Payment and the late charge. If more than one Periodic Payment is due, Lender may apply any payment received fi·om me: First, to the repayment of the Periodic Payments that are due if, and to the extent that, each payment can be paid in full; Next, to the extent that any excess exists after the payment is applied to the fhil payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as described in the Note. Any lication of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal due under the Note wil not extend or postpone the due date of the Periodic Payments or change the amount of those payments. 3. Monthly Payments For Taxes And Insurance, (a) Borrower's Obligations. I will pay to Leader all amounts necessary to pay for taxes, assessments, water charges, sewer rents and other similar charges, gmund leasehold payments or rents (if any), hazard or property insurance covering the Property, flood insurance (if any), and any required Mortgage Insurance, or a Loss Reserve as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be applied Items:" toward payment of the following items which are called "Escrow (1) The taxes, assessments, water charges, sewer rents and other similar charges, on the Property which under Applicable Law may be superior to this Security Instrument as a Lien on the Property. Any claim, demand or charge that is made against pmperty because an obligation has not been fulfilled is known as a "Lien;" (2) The leasehold payments or ground rents on the Property (if any); (3) The premium for any and all insurance squired by Lender under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance (if any); (5) The amount I may be required to pay Lender under Section 10 of this Security Instrument instead of the payment of the premium for Mortgage Insurance (if any); and (6) If required by Leader, the amount for any Community Association Dues, Fees, and Assessments. After signing the Note, or at any time during its tenn, Lender may include these amounts as Escrow Items. The monthly payment I will make for Escrow Items will be based on Lender'sestimate of the annual amount required. I will pay all of these amounts to Leader unless Lender tells me, in writing, that I do not have to do so, or unless Applicable Law requires otherwise. I will make these payments on the same day that my Periodic Payments of principal and interest are due under the Note. Funds." The amounts that I pay to Lender for Escrow Items under this Section 3 will be called "Escrow I will pay Lender the Escrow Funds for Escrow Items unless Lender waives my obligation to pay the Escrow Funds for any or all Escrow Items. Lender may waive my obligation to pay to Lender Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, I will pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Escrow Funds has been waived by Leader and, if Leader requires, will promptly send to Lender receipts showing such payment within such time period as Lender may require. My obligation to make such payments and to provide receipts will be considered to be a promise and agreement contained in this Security Instrument, as agreements" the phrase "promises and is used in Section 9 of this Security Instmment. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may pay that amount and I will then be obligated under Section 9 of this Security Instrument to repay to Londer. Londer may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 of this Security Instrument and, upon the revocation, I will pay to Lender all Escrew Punds, and in amounts, that are then required under this Section 3. AMSNY (comn.co Pagesa Fenn 3033 1/01 01191709 42 - 55 93 7777777707070700076765242717744400776360 6530656511073233472464016710À4243737740 06 /14 /2005 12 : 02 : 51 1223077 7 672045771107 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 I promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid. Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing assessments and bills and reasonable estimates of the amount I will have to pay for Escrow Items in the future, unless Applicable Law requires Lender to use another method for determining the amount I am to Pay. Londer may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to apply the Escrow Funds at the time specified under RESPA. Applicable Law puts limits on the total amount of Escrow Funds Lender can at any time collect and hold. This total amount cannot be more than the maximum amount a lender could require under RESPA. If there is another Applicable Law that imposes a lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be limited to the lower amount. (b) Leader's Obligations. Lender will keep the Escrow Funds in a savings or banking institution which has its deposits insured by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a savings or banking institution, Lender may hold the Escrow Funds. Lender will use the Escrow Funds to pay the Escrow Items no later than the time allowed under RESPA or other Applicable Law. Lender will give to me, without chase, an annual accounting of the Escrow Funds. That accounting will show all additions to and deductions from the Escrow Funds and the reason for each deduction. Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for veriitying and totaling assessments and bills. However, Lender may charge me for these services if Lender pays me interest on the Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Escrow Funds unless either (1) Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Lender to pay interest on the Escrow Funds. (c) Adjustments to the Escrow Funds. Under Applicable Law, the e is a limit on the amount of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this limit, then there will be an excess amount and RESPA requires Lender to account to me in a special manner for the excess amount of Escrow Funds. If, at any time, Londer has not received enough Escrow Funds to make the payments of Escrow Items when the payments are due, Leader may tell me in writing that an additional amount is necessary. I will pay to Lender whatever additional amount is necessary to pay the Escrow Items when the payments are due, but the number of payments will not be more than 12. When I have paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that are then being held by Lender. 4, Borrower's Obligation to Pay Charges, Assessments and Claims. I will pay all taxes, assessments, water chases, sewer rents and other similar charges, and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument. I will also make ground rents or payments due under my lease if I am a tenant on the Property and Community Association Dues, Fees, and Assessments (if any) due on the Property. If these items are Escrow Items, I will do this by making the payments as described in Section 3 of this Security Instrument In this Security Instrument, the word "Person" means any individual, organization, governmental authority or other party. I will promptly pay or satisfy all Liens against the Property that may be superior to this Security Instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) I agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way in which I agree to pay that obligation, but only so long as I am performing such agreement; (b) in good faith, 1 argue or defend against the superior Lien in a lawsuit so that in Londers opinion, during the lawsuit, the superior Lion may not be enforced, but only until the lawsuit ends; or (c) I secure from the holder of that other Lien an agreement, approved in writing by Lender, that the Lion of this Security Instrument is superior to the Lion mee AM6NY (o005).ee Peoee ot s? Forrn 3033 1/01 01191'J0942 - 5593 7777777707070700076766242717744400776350 6530655611073338463465114610774243737740 06/14 /2005 12:02 :51 1223077 773055671107 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 b u01261m 183 held by that Person. If Leader determines that any part of the Property is subject to a superior Lien, Lender may give Borrower a notice identifying the superior Lien. Within 10 days of the date on which the notice is given, Borrower shall pay or satisfy the superior Lien or take one or more of the actions mentioned in this Section 4. Leader also may require me to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender to make such a charge. 5. Borrower's Obligation to Maintain Hazard Insurance or Property Insurance. I will obtain hazard or paperty insurance to cover all buildings and other improvements that now are, or in the future will be, located on the Property. The insurance will cover loss or damage caused by fire, hazards normally Coverage" covered by "Extended hazard insurance policies, and any other hazards for which Lender requires coverage, including, but not limited to earthquakes and floods. The insurance will be in the amounts (including, but not limited to, deductible levels) and for the periods of time required by Lender. What Lender requires under the last sentence can change during the term of the Loan. I may choose the instuance Lender' company, but my choice is subject to s right to disapprove. Lender may not disapprove my choice unless the disapproval is reasonable. Lender may require me to pay either (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect the flood zone determination or certification. If I disagree with the flood zone determination, I may squest the Federal Emergency Management Agency to review the flood zone determination and I pmmise to pay any fees charged by the Federal Emergency Management Agency for its review. If I failto maintain any of the insurance coverages described above, Lender may obtain insurance Lender' coverage, at soption and my expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage will cover Lender, but might or might not protect me, my equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. I anknowledge that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that I could have obtained. Any amounts disbursed by Londer under this Section 5 will become my additional debt secured by this Security instrument. These amounts will bear interest at the interest rate set forth in the Note from the date of disbursement and will be payable with such interest, upon notice from Lender to me requesting payment. All of the insurance policies and mnewals of those policies will include what is known as a "Standard Clause" Mortgage to protect Lender and will name Lender as mortgagee and/or as an additional loss payee. The form of all policies and renewals will be acceptable to Lender. Lender will have the right m hol