Preview
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
EXHIBIT B
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
LIBERALS 13eace 488
Office of the Genesee County Clerk
Don M. Read, County Clerk
DOCUNENT + $364
E-Mail: cocierk@co.genesee.ny.us Phone: 585-344-2550 ext 2242 z . ~
Website: www. enesee.py.us Fax: 585-344-8521 TSE CX 1B<44 $215.00
RegularMail Address: Shipping & Express Mail Address: 27 m1 a>: =
PO Box 379 County Bidg #1. 15 Main Street BECE Tete Seooe
Batavia, N.Y. 14021-0379 piel Pe -M.
Batavia, N.Y. 14020 GENESEE COUNTY cLEBE” SSS. Fa
L_LIePer=s 1515 FAGE:> 432
Type/Print ey = Black Ink: After Recordation Return this Document to:
A a SY
va) C4 a L Method of Document Return:
YGIS2 U eat ba Ae oe At I ostage Paid Return Envelope
- { | Office Box | | Courier eae
PDGAR AGL A. _ y l Sfx 7 SAOXO 1 | Inter Office Mail Service
| | Periodic Mail — No Return Envi
{ | Mail — General Public
This Document Was Recorded By:
SPAC LOW_IS RESERVED FOR THE UNTY EQuI!I RECO ING INFORMATI
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DOCUMENT TYPE Puta E MICE a QUE
TAX DISTRICT Sle Ray. J d i Page w Vilidae__ SS
MORTGAGE RECORDING TAX RECEIPT CROSS REFERENCES
19,
Total Amount
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Secured
17
By Mortgage:
Basic s__76.00 ~. 1430 e173 vr 2004
$ f ‘ *
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| | Tobe Apportioned oY oo
{ | Mortgage Tax Exempt SPECIAL §$ s. ~L _P Yr
| | Recapture Obligation Included *
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TOTAL TAX $ o2&(5.09
State of New York }
County of Genesee }
I do hereby certify that | have received the amounts cited above on the within Mortgage.
being the amount of 0.¢
the Tax imposed thereon and paid at the time of recording.
QS Cad Genesee County Clerk
DO NOT DETACH THIS PAGE FROM THE DOCUMENT:
This page constitutes the County Clerk's Endorsement as Required by Section 319 of the Real Property Law of New York State.
OL. : Co & , Genesee County Clerk
L- a
SESE E SHOES EEE SEH E SHEET HEHE SHEESH OEE THEE EF EEE SESE SER EHESES EERE EREH EEE SHEESH SOHO OHS OEE SEES SESS HEE RHEDHOSHESHHEEESSHEOHES
THIS SPACE RESERVED FOR COUNTY CLERK NOTES
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
.
After. recording, return to:
LIBERTS13PpcE 489
CETIFINANCIAL COMPANY (DE)
Address: “ .
eee MAIN ST osolidaton
BATAVIA NY 14020
| MORTGAGE |
WORDS USED OFTEN IN THIS DOCUMENT
(A) "Mortgage." This document, which is dated November 30th > 2006 , will be
called the "Mortgage."
(B) “Borrower."MARGARET M ANTINORE
will sometimes be called the "Borrower" and sometimes simply “I.”
(C) "Lender." CITIFINANCIAL COMPANY (DE)
will be called the "Lender." Lender is a corporation organized and existing under the
laws of Delaware . Lender's address is
4152 WEST MAIN sT BATAVIA NY 14020
(D) "Note." The note signed by Borrower and dated November 30th, 2006, and extensions and renewals
of that note, will be called the "Note." The Note shows that I owe Lender U.S. $ 108,735.42 plus interest,
which I have promised to pay in full by 12/15/2036.
(E) "Property." The property that is described below in the section titled “Description of the Property” will be
called the "Property."
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This means that, by
signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that
the law gives to lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender
from possible losses that might result if I do not:
(A) Pay all the amounts that I owe Lender as stated in the Note;
(B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect the value of the Property
and Lender's rights in the Property; and
(C) Keep all of my promises and agreements under this Mortgage.
DESCRIPTION OF THE PROPERTY
I give Lender rights in the following Property:
(A) The property which is located at 92223 SUMMIT STREET RD » LEROY
NY 14482 . This Property is in LEROY County in the State of New York. It has
== 2 ES the following legal description:
moro
LESS
a= eS ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWN OF LEROY IN THE COUNTY
BSS OF GENESEE AND STATE OF NEW YORK, BEING DESCRIBED AS FOLLOWS: PART OF -
22° LOT 3, SECTION 1, TOWN 1 OF TRIANGLE TRACT. BEING MORE FULLY
oe D5 DESCRIBED IN A DEED DATED 08/05/2003 AND RECORDED 08/20/2003, AMONG
SBSq THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED
Zee LIBER 825 AND PAGE 808 INSTRUMENT: 7557 AND BEING MORE FULLY
SorS DESCRIBED IN A DEED DATED 07/05/1995 AND RECORDED 07/14/1995, AMONG
2222 THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED
ats LIBER 659 AND PAGE 108.
2 o> 9223 SUMMIT STREET RD, LEROY, NY 14482 TAK MAP NUMER: 31.-1-25.
SLBE
ees
oes ~ This mortgage consolidtes with
=
@wo prior mortgages to Citifinancial .Company DE
= =
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new money advanced is $19182.17, to form a total consoliaved lien of
$108,735.42. .
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(B) All buildings, structures and other improvements that are located on the property described in paragraph (A)
of this section; FRC Foewrns oxX~ “2 E22 9S
(C) All rights in other property that I have as owner of the property described in paragraph (A) of this section.
These rights are known as “easements, rights and appurtenances attached to the property”:
{D) AU rents or royalties from the property described in paragraph (A) of this section; and
(BE) All of the property described in paragraphs (B) through (D) of this section that I acquire in the future, and all
tights described in paragraphs (B) through (D) of this section that I acquire in the future.
it may be that I do not own the Property but am a tenant under a lease. In that case, the rights I am giving to
Lender by this Mortgage are rights in my tenancy.
NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 1 of 6
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
MARGARET M ANTINORE PATRICK J LONGHINI| [BFR q a) 1 3 PAGE 490 11/30/2006
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 other than claims and charges
of record.
I give a general warranty of title to Lender. This means that I am 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.
UNIFORM PROMISES
I promise and I agree with Lender as follows:
1. BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST UNDER THE NOTE AND TO
FULFILL OTHER PAYMENT OBLIGATIONS
I will promptly pay to Lender when due principal and interest under the Note and late charges as stated in the
Note.
2. AGREEMENTS ABOUT MONTHLY PAYMENTS FOR TAXES AND INSURANCE
(A) Borrower's Obligation to Make Monthly Payments to Lender for Taxes and Insurance
I will pay to Lender all amounts necessary to pay for taxes, assessments, ground rents (if any), and hazard
insurance on the Property and mortgage insurance (if any). I will pay those amounts to Lender (i) unless Lender
tells me, in writing, that I do not have to do so or (ii) unless the law requires otherwise. Also, I will not have to
pay to Lender any amount for which I am already making monthly payments to the holder of any superior
mortgage or deed of trust, if it is a savings or banking institution. I will make those payments on the same day
that my monthly payments of principal and interest are due under the Note.
The amount of each of my payments under this Paragraph 2 will be the sum of the following:
(i) One-twelfth of the estimated yearly taxes, assessments (including condominium and planned unit
development assessments, if any) and ground rents (if any} on the Property which under the law may be
superior to this Mortgage; plus
(ii) One-twelfth of the estimated yearly premium for hazard insurance covering the Property; plus
(iii) One-twelfth of the estimated yearly premium for mortgage insurance (if any).
Lender will determine from time to time my estimated yearly taxes, assessments, ground rents and insurance
premiums based upon existing assessments and bills, and reasonable estimates of future assessments and bills.
(Taxes, assessments, ground rents and insurance premiums will be called “taxes and insurance.")
The amounts that I pay to Lender for taxes and insurance under this Paragraph 2 will be called the "Funds." The
Funds are additional protection for Lender in case I do not fulfill my obligations under the Note and under this
Mortgage.
(B) Lender's Obligations Concerning Borrower's Monthly Payments for Taxes and Insurance
Lender will keep the Funds in a savings or banking institution the deposits or accounts of which are insured or
guaranteed by a Federal or state agency. If Lender is such an institution then Lender may hold the Funds. Except
as described in this Paragraph 2, Lender will use the Funds to pay taxes and insurance. Lender will give to me,
without charge, an annual accounting of the Funds. That accounting must show all additions to and deductions
from the Funds, and the reason for each deduction.
Lender may not charge me for holding or keeping the Funds on deposit, for using the Funds to pay taxes and
insurance, for analyzing my payments of Funds, or for receiving, verifying and totalling assessments and bills.
However, Lender may charge me for these services if Lender pays me interest on the Funds and if the law permits
Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Funds unless
either (i) Lender and I agree in writing, at the time I sign this Mortgage, that Lender will pay interest on the
Funds; or (ii) the law requires Lender to pay interest on the Funds.
If Lender's estimates are too high or if taxes and insurance rates go down, the amounts that I pay under this
Paragraph 2 will be too large. If this happens at a time when I am keeping all of my promises and agreements
made in this Mortgage, I will have the right to have the excess amount either promptly repaid to me as a direct
refund or credited to my future monthly payments of Funds. There will be excess amounts if, at any time, the
sum of (a) the amount of Funds which Lender is holding or keeping on deposit, plus (b) the amount of the
monthly payments of Funds which I still must pay between that time and the due dates of taxes and insurance, is
greater than the amount necessary to pay the taxes and insurance when they are due.
If, when payments of taxes and insurance are due, Lender has not received enough Funds from me to make those
payments, I will pay to Lender whatever additional amount is necessary to pay the taxes and insurance in full. I
must pay that additional amount in one or more payments as Lender may require.
When I have paid ail of the amounts due under the Note and under this Mortgage, Lender will promptly refund to
me any Funds that are then being held or kept on deposit by Lender. if, under Paragraph 20 below, either Lender
acquires the Property or the Property is sold, then immediately before the acquisition or sale, Lender will use any
Funds which Lender is holding or has on deposit at that time to reduce the amount that I owe to Lender under the
Note and under this Mortgage.
3. APPLICATION OF BORROWER'S PAYMENTS
Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1
and 2 above in the following order and for the following purposes:
(A) First, to pay the amounts then due to Lender under Paragraph 2 above;
NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 2 of 6
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
MARGARET M ANTINORE PATRICK J LONGHINI LiBER ] 4 1 4 PAGE AY 1 11/30/2006
(B) Next, to pay interest then due under the Note; and
(C) Next, to pay principal then due under the Note.
BORROWER'S OBLIGATION TO PAY PRIOR MORTGAGES, CHARGES AND ASSESSMENTS AND
TO SATISFY CLAIMS AGAINST THE PROPERTY
I will keep all promises that I have made in any superior mortgage or deed of trust, including my promises to
make payments when due. I will pay all taxes, assessments, and any other charges and fines that may be imposed
on the Property and that may be superior to this Mortgage. I will see that any claim, demand or charge that is
made against the Property because an obligation has not been fulfilled (known as a "lien") is promptly paid or
satisfied if the lien may be superior to this Mortgage. I will also make payments due under my lease if I am a
tenant on the Property and I will pay ground rents (if any) due on the Property.
BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE
PROPERTY
I will obtain hazard insurance to cover all buildings, structures and other improvements that now are or in the
future will be located on the Property. The insurance must cover loss or damage caused by fire, hazards normally
covered by “extended coverage” hazard insurance policies, and other hazards for which Lender requires coverage.
The insurance must be in the amounts and for the periods of time required by Lender.
I may choose the insurance company, but my choice is subject to Lender's approval. Lender may not refuse to
approve my choice unless the refusal is reasonable. All of the insurance policies and renewals of those policies
must include what is known as a “standard mortgage clause" to protect Lender. The form of all policies and the
form of all renewals must be acceptable to Lender. Lender will have the right to hold the policies and renewals,
subject to the terms of any superior mortgage or deed of trust.
If there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not
promptly prove to the insurance company that the loss or damage occurred, then Lender may do so.
If 1 abandon the Property, or if I do not answer, within 30 days, a notice from Lender stating that the insurance
company has offered to settle a claim for insurance benefits, then Lender has the authority to collect the proceeds.
Lender may then use the proceeds to repair or restore the Property or to reduce the amount that I owe to Lender
under the Note and under this Mortgage. The 30-day period will begin on the date the notice is mailed, or if it is
not mailed, on the date the notice is delivered.
BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN
LEASE AND CONDOMINIUM AND PUD DOCUMENTS
I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and I will
not allow the Property to deteriorate. If I do not own but am a tenant on the Property, I will fulfill my obligations
under my lease. If the Property is a unit in a condominium or in a planned unit development, I will fulfill all of
my obligations under the declaration, by-laws, regulations and other documents that create or govern the
condominium or the planned unit development.
LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY
If: (A) I do not keep my promises and agreements made in this Mortgage, or (B) someone, including me, begins a
legal proceeding that may significantly affect Lender's rights in the Property (such as, for example, a legal
proceeding in bankruptcy, in probate, for condemnation, or to enforce laws or regulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property.
Lender's actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable
attorneys’ fees, and entering on the Property to make repairs. Lender must give me notice before Lender may take
any of these actions.
I will pay to Lender any amounts, with interest, which Lender spends under this Paragraph 7. This Mortgage will
protect Lender in case I do not keep this promise to pay those amounts with interest.
I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. I will also pay interest
on those amounts at the same rate stated in the Note. Interest on each amount will begin on the date that the
amount is spent by Lender. However, Lender and I may agree in writing to terms of payment that are different
from those in this paragraph.
Although Lender may take action under this Paragraph 7, Lender does not have to do so.
LENDER'S RIGHT TO INSPECT THE PROPERTY
Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable
manner and at reasonable times. However, before one of those inspections is made, Lender must give me notice
stating a reasonable purpose for the inspection. That purpose must be related to Lender's rights in the Property.
AGREEMENTS ABOUT CONDEMNATION OF THE PROPERTY
A taking of property by any governmental authority by eminent domain is known as “condemnation.” I give to
Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other
governmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid
condemnation. All of those proceeds will be paid to Lender, subject to the terms of any superior mortgage or deed
of trust.
10. BORROWER'S OBLIGATIONS TO PAY MORTGAGE INSURANCE PREMIUMS
If Lender required mortgage insurance as a condition of making the loan that I promise to pay under the Note, I
will pay the premiums for that mortgage insurance. I will pay the premiums until the requirement for mortgage
insurance ends according to my written agreement with Lender or according to law. Lender may require me to
pay premiums in the manner described in Paragraph 2 above.
NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 3 of 6
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
MARGARET M ANTINORE PATRICK J LONGHINI | ;pFR | 5 1 3 PAGE AQGZ 11/30/2006
11. CONTINUATION OF BORROWER'S OBLIGATIONS
Lender may allow a person who takes over my rights and obligations to delay or to change the amount of the
monthly payments of principal and interest due under the Note or under this Mortgage. Even if Lender does this,
however, that person and I will both stili be fully obligated under the Note and under this Mortgage.
Lender may allow those delays or changes for a person who takes over my rights and obligations, even if Lender
is requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling
obligations under the Note or under this Mortgage, even if Lender is requested to do so.
12. CONTINUATION OF LENDER'S RIGHTS
Even if Lender does not exercise or enforce any right of Lender under this Mortgage or under the law, Lender
will still have all of those rights and may exercise and enforce them in the future. Even if Lender obtains
insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will still have the right,
under Paragraph 20 below, to demand that I make Immediate Payment in Full {see Paragraph 20 for a definition
of this phrase) of the amount that I owe to Lender under the Note and under this Mortgage.
13. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS
Each of Lender's rights under this Mortgage is separate. Lender may exercise and enforce one or more of those
rights, as well as any of Lender's other rights under the law, one at a time or all at once.
14. OBLIGATIONS OF BORROWERS AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR
OBLIGATIONS
Subject to the terms of Paragraph 19 below, any person who takes over my rights or obligations under this
Mortgage will have all of my rights and will be obligated to keep all of my promises and agreements made in this
Mortgage. Similarly, any person who takes over Lender's rights or obligations under this Mortgage will have all
of Lender's rights and will be obligated to keep all of Lender's agreements made in this Mortgage. (In this
Mortgage, the word "person" means any person, organization, governmental authority or any other party.)
If more than one person signs this Mortgage as Borrower, each of us is fully obligated to keep all of Borrower's
promises and obligations contained in this Mortgage. Lender may enforce Lender's rights under this Mortgage
against each of us individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under the Note and under this Mortgage. However, if one of us does not sign the Note,
then: (A) that person is signing this Mortgage only to give that person's rights in the Property to Lender under the
terms of this Mortgage; and (B) that person is not personally obligated to make payments or to act under the Note
or under this Mortgage. Any person signing this Mortgage but not signing the Note also agrees (i) that Lender
may allow any other Borrower to delay or to change payments due under the Note or under this Mortgage and (ii)
that Lender may make other accommodations under the Note or under this Mortgage. Lender may do this without
obtaining anyone's consent and without modifying the effect of this Mortgage.
15. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE
Unless the law requires otherwise, any notice that must be given to me under this Mortgage will be given by
delivering it or by mailing it by certified mail addressed to me at the address stated in the section above titled
“Description Of The Property." A notice will be delivered or mailed to me at a different address if I give Lender
a notice of my different address. Any notice that must be given to Lender under this Mortgage will be given by
mailing it by certified mail to Lender's address stated in paragraph (C) of the section above titled "Words Used
Often In This Document." A notice will be mailed to Lender at a different address if Lender gives me a notice of
the different address. A notice required by this Mortgage is given when it is mailed or when it is delivered
according to the requirements of this Paragraph 15.
16. LAW THAT GOVERNS THIS MORTGAGE
The state and local law that applies in the place that the Property is located will govern this Mortgage. This wil!
not limit Federai law that applies to this Mortgage. If any term of this Mortgage or of the Note conflicts with the
law, all other terms of this Mortgage and of the Note will still remain in effect if they can be given effect without
the conflicting term. This means that any terms of this Mortgage and the Note which conflict with the law can be
separated from the remaining terms, and the remaining terms will still be enforced.
As used in this Mortgage, the words "costs", "expenses" and "attorneys' fees" include all amounts not prohibited
by applicable law or limited in this Mortgage.
17. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE
I will be given copies of the Note and of this Mortgage. Those copies must show that the original Note and
Mortgage have been signed. I will be given those copies either when I sign the Note and this Mortgage or after
this Mortgage has been recorded in the proper official records.
18. REHABILITATION LOAN AGREEMENT
I will comply with all of the terms and conditions of any home rehabilitation, improvement, repair,
modernization, remodeling or similar loan agreement I have with Lender. If Lender requests it, I will sign and
give to Lender an assignment of any rights or claims I might have against persons who supply labor, materials or
services in connection with improving the Property. This assignment will be in a form acceptable to Lender.
19. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED
Lender may require immediate payment in full of all sums secured by this Mortgage if all or any part of the
Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. Lender
also may require immediate payment in full if a beneficial interest in Borrower is sold or transferred and Borrower
is not a natural person. However, Lender shall not require immediate payment in full if this is prohibited by
federal law on the date of this Mortgage.
If Lender requires immediate payment in full under this Paragraph 19, Lender will give me a notice which states
this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will
begin on the date the notice is mailed or delivered. If I do not make the required payment during that period,
Lender may act to enforce its rights under this Mortgage without giving me any further notice or demand for
payment.
NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 4 of 6
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024
MARGARET M ANTINORE PATRICK J LONGHINI LIBER 1 5 1 3 PAGE 493 11/30/2006
NON-UNIFORM PROMISES
I also promise and agree with Lender as follows:
20. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS
if all of the conditions stated in subparagraphs (A), (B), and (C) of this Paragraph 20 are satisfied, Lender
may require that I pay immediately the entire amount then remaining unpaid under the Note and under
this Mortgage. Lender may do this without making any further demand for payment. This requirement
will be calied "Immediate Payment In Full."
If Lender requires Immediate Payment in Full, Lender may bring a lawsuit to take away all of my
remaining rights in the Property and to have the Property sold. At this sale Lender or another person may
acquire the Property. This is known as "foreclosure and sale." If the proceeds of this sale are insufficient to
repay Lender the amounts due to Lender from me under the Note and under this Mortgage, Lender may
obtain a court judgment against me personally for the difference between all amounts due from me under
the Note and this Mortgage and the sale proceeds. In any lawsuit for foreclosure and sale, Lender will have
the right to collect all costs and expenses of the foreclosure and sale allowed by law.
Lender may require Immediate Payment In Full under this Paragraph 20 only if all of the following
conditions are satisfied:
(A) I fail to keep any promise or agreement made in this Mortgage, including the promises to pay when
due the amounts that I owe to Lender under the Note and under this Mo
Preview
FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 EXHIBIT B FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 LIBERALS 13eace 488 Office of the Genesee County Clerk Don M. Read, County Clerk DOCUNENT + $364 E-Mail: cocierk@co.genesee.ny.us Phone: 585-344-2550 ext 2242 z . ~ Website: www. enesee.py.us Fax: 585-344-8521 TSE CX 1B<44 $215.00 RegularMail Address: Shipping & Express Mail Address: 27 m1 a>: = PO Box 379 County Bidg #1. 15 Main Street BECE Tete Seooe Batavia, N.Y. 14021-0379 piel Pe -M. Batavia, N.Y. 14020 GENESEE COUNTY cLEBE” SSS. Fa L_LIePer=s 1515 FAGE:> 432 Type/Print ey = Black Ink: After Recordation Return this Document to: A a SY va) C4 a L Method of Document Return: YGIS2 U eat ba Ae oe At I ostage Paid Return Envelope - { | Office Box | | Courier eae PDGAR AGL A. _ y l Sfx 7 SAOXO 1 | Inter Office Mail Service | | Periodic Mail — No Return Envi { | Mail — General Public This Document Was Recorded By: SPAC LOW_IS RESERVED FOR THE UNTY EQuI!I RECO ING INFORMATI f DOCUMENT TYPE Puta E MICE a QUE TAX DISTRICT Sle Ray. J d i Page w Vilidae__ SS MORTGAGE RECORDING TAX RECEIPT CROSS REFERENCES 19, Total Amount /6 Secured 17 By Mortgage: Basic s__76.00 ~. 1430 e173 vr 2004 $ f ‘ * an LOCAL § S¥.00 ~L14SS p 472 vy. QOOS [7] t-2 Family Clause Applicable -~ I Mortgage Tax Affidavit Attached ADDTL § A3. 00 ~L 1431 P S32. Yr 00 S | | Tobe Apportioned oY oo { | Mortgage Tax Exempt SPECIAL §$ s. ~L _P Yr | | Recapture Obligation Included * ~kL P _¥Yr TOTAL TAX $ o2&(5.09 State of New York } County of Genesee } I do hereby certify that | have received the amounts cited above on the within Mortgage. being the amount of 0.¢ the Tax imposed thereon and paid at the time of recording. QS Cad Genesee County Clerk DO NOT DETACH THIS PAGE FROM THE DOCUMENT: This page constitutes the County Clerk's Endorsement as Required by Section 319 of the Real Property Law of New York State. OL. : Co & , Genesee County Clerk L- a SESE E SHOES EEE SEH E SHEET HEHE SHEESH OEE THEE EF EEE SESE SER EHESES EERE EREH EEE SHEESH SOHO OHS OEE SEES SESS HEE RHEDHOSHESHHEEESSHEOHES THIS SPACE RESERVED FOR COUNTY CLERK NOTES FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 . After. recording, return to: LIBERTS13PpcE 489 CETIFINANCIAL COMPANY (DE) Address: “ . eee MAIN ST osolidaton BATAVIA NY 14020 | MORTGAGE | WORDS USED OFTEN IN THIS DOCUMENT (A) "Mortgage." This document, which is dated November 30th > 2006 , will be called the "Mortgage." (B) “Borrower."MARGARET M ANTINORE will sometimes be called the "Borrower" and sometimes simply “I.” (C) "Lender." CITIFINANCIAL COMPANY (DE) will be called the "Lender." Lender is a corporation organized and existing under the laws of Delaware . Lender's address is 4152 WEST MAIN sT BATAVIA NY 14020 (D) "Note." The note signed by Borrower and dated November 30th, 2006, and extensions and renewals of that note, will be called the "Note." The Note shows that I owe Lender U.S. $ 108,735.42 plus interest, which I have promised to pay in full by 12/15/2036. (E) "Property." The property that is described below in the section titled “Description of the Property” will be called the "Property." BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that the law gives to lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if I do not: (A) Pay all the amounts that I owe Lender as stated in the Note; (B) Pay, with interest, any amounts that Lender spends under this Mortgage to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my promises and agreements under this Mortgage. DESCRIPTION OF THE PROPERTY I give Lender rights in the following Property: (A) The property which is located at 92223 SUMMIT STREET RD » LEROY NY 14482 . This Property is in LEROY County in the State of New York. It has == 2 ES the following legal description: moro LESS a= eS ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWN OF LEROY IN THE COUNTY BSS OF GENESEE AND STATE OF NEW YORK, BEING DESCRIBED AS FOLLOWS: PART OF - 22° LOT 3, SECTION 1, TOWN 1 OF TRIANGLE TRACT. BEING MORE FULLY oe D5 DESCRIBED IN A DEED DATED 08/05/2003 AND RECORDED 08/20/2003, AMONG SBSq THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED Zee LIBER 825 AND PAGE 808 INSTRUMENT: 7557 AND BEING MORE FULLY SorS DESCRIBED IN A DEED DATED 07/05/1995 AND RECORDED 07/14/1995, AMONG 2222 THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED ats LIBER 659 AND PAGE 108. 2 o> 9223 SUMMIT STREET RD, LEROY, NY 14482 TAK MAP NUMER: 31.-1-25. SLBE ees oes ~ This mortgage consolidtes with = @wo prior mortgages to Citifinancial .Company DE = = ad = v > > £ new money advanced is $19182.17, to form a total consoliaved lien of $108,735.42. . YY 2.400 f¥ss- Pe Yea 1% Che pen aX BF E09./6 Flee) - PBS IOS” tn RL More Conia fa KCOS 2178 GUI SITE pou S¥BO-/> 3B {((Ceoordieed ears eye SBC Leen OO SH OOD YD = TORS Of EL, SP2. PA POY SISTERS RU Lf SEY —S S32 Peeoetod 42876 e5-— po (B) All buildings, structures and other improvements that are located on the property described in paragraph (A) of this section; FRC Foewrns oxX~ “2 E22 9S (C) All rights in other property that I have as owner of the property described in paragraph (A) of this section. These rights are known as “easements, rights and appurtenances attached to the property”: {D) AU rents or royalties from the property described in paragraph (A) of this section; and (BE) All of the property described in paragraphs (B) through (D) of this section that I acquire in the future, and all tights described in paragraphs (B) through (D) of this section that I acquire in the future. it may be that I do not own the Property but am a tenant under a lease. In that case, the rights I am giving to Lender by this Mortgage are rights in my tenancy. NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 1 of 6 FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 MARGARET M ANTINORE PATRICK J LONGHINI| [BFR q a) 1 3 PAGE 490 11/30/2006 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 other than claims and charges of record. I give a general warranty of title to Lender. This means that I am 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. UNIFORM PROMISES I promise and I agree with Lender as follows: 1. BORROWER'S PROMISE TO PAY PRINCIPAL AND INTEREST UNDER THE NOTE AND TO FULFILL OTHER PAYMENT OBLIGATIONS I will promptly pay to Lender when due principal and interest under the Note and late charges as stated in the Note. 2. AGREEMENTS ABOUT MONTHLY PAYMENTS FOR TAXES AND INSURANCE (A) Borrower's Obligation to Make Monthly Payments to Lender for Taxes and Insurance I will pay to Lender all amounts necessary to pay for taxes, assessments, ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any). I will pay those amounts to Lender (i) unless Lender tells me, in writing, that I do not have to do so or (ii) unless the law requires otherwise. Also, I will not have to pay to Lender any amount for which I am already making monthly payments to the holder of any superior mortgage or deed of trust, if it is a savings or banking institution. I will make those payments on the same day that my monthly payments of principal and interest are due under the Note. The amount of each of my payments under this Paragraph 2 will be the sum of the following: (i) One-twelfth of the estimated yearly taxes, assessments (including condominium and planned unit development assessments, if any) and ground rents (if any} on the Property which under the law may be superior to this Mortgage; plus (ii) One-twelfth of the estimated yearly premium for hazard insurance covering the Property; plus (iii) One-twelfth of the estimated yearly premium for mortgage insurance (if any). Lender will determine from time to time my estimated yearly taxes, assessments, ground rents and insurance premiums based upon existing assessments and bills, and reasonable estimates of future assessments and bills. (Taxes, assessments, ground rents and insurance premiums will be called “taxes and insurance.") The amounts that I pay to Lender for taxes and insurance under this Paragraph 2 will be called the "Funds." The Funds are additional protection for Lender in case I do not fulfill my obligations under the Note and under this Mortgage. (B) Lender's Obligations Concerning Borrower's Monthly Payments for Taxes and Insurance Lender will keep the Funds in a savings or banking institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency. If Lender is such an institution then Lender may hold the Funds. Except as described in this Paragraph 2, Lender will use the Funds to pay taxes and insurance. Lender will give to me, without charge, an annual accounting of the Funds. That accounting must show all additions to and deductions from the Funds, and the reason for each deduction. Lender may not charge me for holding or keeping the Funds on deposit, for using the Funds to pay taxes and insurance, for analyzing my payments of Funds, or for receiving, verifying and totalling assessments and bills. However, Lender may charge me for these services if Lender pays me interest on the Funds and if the law permits Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Funds unless either (i) Lender and I agree in writing, at the time I sign this Mortgage, that Lender will pay interest on the Funds; or (ii) the law requires Lender to pay interest on the Funds. If Lender's estimates are too high or if taxes and insurance rates go down, the amounts that I pay under this Paragraph 2 will be too large. If this happens at a time when I am keeping all of my promises and agreements made in this Mortgage, I will have the right to have the excess amount either promptly repaid to me as a direct refund or credited to my future monthly payments of Funds. There will be excess amounts if, at any time, the sum of (a) the amount of Funds which Lender is holding or keeping on deposit, plus (b) the amount of the monthly payments of Funds which I still must pay between that time and the due dates of taxes and insurance, is greater than the amount necessary to pay the taxes and insurance when they are due. If, when payments of taxes and insurance are due, Lender has not received enough Funds from me to make those payments, I will pay to Lender whatever additional amount is necessary to pay the taxes and insurance in full. I must pay that additional amount in one or more payments as Lender may require. When I have paid ail of the amounts due under the Note and under this Mortgage, Lender will promptly refund to me any Funds that are then being held or kept on deposit by Lender. if, under Paragraph 20 below, either Lender acquires the Property or the Property is sold, then immediately before the acquisition or sale, Lender will use any Funds which Lender is holding or has on deposit at that time to reduce the amount that I owe to Lender under the Note and under this Mortgage. 3. APPLICATION OF BORROWER'S PAYMENTS Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1 and 2 above in the following order and for the following purposes: (A) First, to pay the amounts then due to Lender under Paragraph 2 above; NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 2 of 6 FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 MARGARET M ANTINORE PATRICK J LONGHINI LiBER ] 4 1 4 PAGE AY 1 11/30/2006 (B) Next, to pay interest then due under the Note; and (C) Next, to pay principal then due under the Note. BORROWER'S OBLIGATION TO PAY PRIOR MORTGAGES, CHARGES AND ASSESSMENTS AND TO SATISFY CLAIMS AGAINST THE PROPERTY I will keep all promises that I have made in any superior mortgage or deed of trust, including my promises to make payments when due. I will pay all taxes, assessments, and any other charges and fines that may be imposed on the Property and that may be superior to this Mortgage. I will see that any claim, demand or charge that is made against the Property because an obligation has not been fulfilled (known as a "lien") is promptly paid or satisfied if the lien may be superior to this Mortgage. I will also make payments due under my lease if I am a tenant on the Property and I will pay ground rents (if any) due on the Property. BORROWER'S OBLIGATION TO OBTAIN AND TO KEEP HAZARD INSURANCE ON THE PROPERTY I will obtain hazard insurance to cover all buildings, structures and other improvements that now are or in the future will be located on the Property. The insurance must cover loss or damage caused by fire, hazards normally covered by “extended coverage” hazard insurance policies, and other hazards for which Lender requires coverage. The insurance must be in the amounts and for the periods of time required by Lender. I may choose the insurance company, but my choice is subject to Lender's approval. Lender may not refuse to approve my choice unless the refusal is reasonable. All of the insurance policies and renewals of those policies must include what is known as a “standard mortgage clause" to protect Lender. The form of all policies and the form of all renewals must be acceptable to Lender. Lender will have the right to hold the policies and renewals, subject to the terms of any superior mortgage or deed of trust. If there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred, then Lender may do so. If 1 abandon the Property, or if I do not answer, within 30 days, a notice from Lender stating that the insurance company has offered to settle a claim for insurance benefits, then Lender has the authority to collect the proceeds. Lender may then use the proceeds to repair or restore the Property or to reduce the amount that I owe to Lender under the Note and under this Mortgage. The 30-day period will begin on the date the notice is mailed, or if it is not mailed, on the date the notice is delivered. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL OBLIGATIONS IN LEASE AND CONDOMINIUM AND PUD DOCUMENTS I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and I will not allow the Property to deteriorate. If I do not own but am a tenant on the Property, I will fulfill my obligations under my lease. If the Property is a unit in a condominium or in a planned unit development, I will fulfill all of my obligations under the declaration, by-laws, regulations and other documents that create or govern the condominium or the planned unit development. LENDER'S RIGHT TO TAKE ACTION TO PROTECT THE PROPERTY If: (A) I do not keep my promises and agreements made in this Mortgage, or (B) someone, including me, begins a legal proceeding that may significantly affect Lender's rights in the Property (such as, for example, a legal proceeding in bankruptcy, in probate, for condemnation, or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions under this Paragraph 7 may include, for example, appearing in court, paying reasonable attorneys’ fees, and entering on the Property to make repairs. Lender must give me notice before Lender may take any of these actions. I will pay to Lender any amounts, with interest, which Lender spends under this Paragraph 7. This Mortgage will protect Lender in case I do not keep this promise to pay those amounts with interest. I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. I will also pay interest on those amounts at the same rate stated in the Note. Interest on each amount will begin on the date that the amount is spent by Lender. However, Lender and I may agree in writing to terms of payment that are different from those in this paragraph. Although Lender may take action under this Paragraph 7, Lender does not have to do so. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter on and inspect the Property. They must do so in a reasonable manner and at reasonable times. However, before one of those inspections is made, Lender must give me notice stating a reasonable purpose for the inspection. That purpose must be related to Lender's rights in the Property. AGREEMENTS ABOUT CONDEMNATION OF THE PROPERTY A taking of property by any governmental authority by eminent domain is known as “condemnation.” I give to Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemnation or other governmental taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid condemnation. All of those proceeds will be paid to Lender, subject to the terms of any superior mortgage or deed of trust. 10. BORROWER'S OBLIGATIONS TO PAY MORTGAGE INSURANCE PREMIUMS If Lender required mortgage insurance as a condition of making the loan that I promise to pay under the Note, I will pay the premiums for that mortgage insurance. I will pay the premiums until the requirement for mortgage insurance ends according to my written agreement with Lender or according to law. Lender may require me to pay premiums in the manner described in Paragraph 2 above. NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 3 of 6 FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 MARGARET M ANTINORE PATRICK J LONGHINI | ;pFR | 5 1 3 PAGE AQGZ 11/30/2006 11. CONTINUATION OF BORROWER'S OBLIGATIONS Lender may allow a person who takes over my rights and obligations to delay or to change the amount of the monthly payments of principal and interest due under the Note or under this Mortgage. Even if Lender does this, however, that person and I will both stili be fully obligated under the Note and under this Mortgage. Lender may allow those delays or changes for a person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling obligations under the Note or under this Mortgage, even if Lender is requested to do so. 12. CONTINUATION OF LENDER'S RIGHTS Even if Lender does not exercise or enforce any right of Lender under this Mortgage or under the law, Lender will still have all of those rights and may exercise and enforce them in the future. Even if Lender obtains insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will still have the right, under Paragraph 20 below, to demand that I make Immediate Payment in Full {see Paragraph 20 for a definition of this phrase) of the amount that I owe to Lender under the Note and under this Mortgage. 13. LENDER'S ABILITY TO ENFORCE MORE THAN ONE OF LENDER'S RIGHTS Each of Lender's rights under this Mortgage is separate. Lender may exercise and enforce one or more of those rights, as well as any of Lender's other rights under the law, one at a time or all at once. 14. OBLIGATIONS OF BORROWERS AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Subject to the terms of Paragraph 19 below, any person who takes over my rights or obligations under this Mortgage will have all of my rights and will be obligated to keep all of my promises and agreements made in this Mortgage. Similarly, any person who takes over Lender's rights or obligations under this Mortgage will have all of Lender's rights and will be obligated to keep all of Lender's agreements made in this Mortgage. (In this Mortgage, the word "person" means any person, organization, governmental authority or any other party.) If more than one person signs this Mortgage as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Mortgage. Lender may enforce Lender's rights under this Mortgage against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under the Note and under this Mortgage. However, if one of us does not sign the Note, then: (A) that person is signing this Mortgage only to give that person's rights in the Property to Lender under the terms of this Mortgage; and (B) that person is not personally obligated to make payments or to act under the Note or under this Mortgage. Any person signing this Mortgage but not signing the Note also agrees (i) that Lender may allow any other Borrower to delay or to change payments due under the Note or under this Mortgage and (ii) that Lender may make other accommodations under the Note or under this Mortgage. Lender may do this without obtaining anyone's consent and without modifying the effect of this Mortgage. 15. AGREEMENT ABOUT GIVING NOTICES REQUIRED UNDER THIS MORTGAGE Unless the law requires otherwise, any notice that must be given to me under this Mortgage will be given by delivering it or by mailing it by certified mail addressed to me at the address stated in the section above titled “Description Of The Property." A notice will be delivered or mailed to me at a different address if I give Lender a notice of my different address. Any notice that must be given to Lender under this Mortgage will be given by mailing it by certified mail to Lender's address stated in paragraph (C) of the section above titled "Words Used Often In This Document." A notice will be mailed to Lender at a different address if Lender gives me a notice of the different address. A notice required by this Mortgage is given when it is mailed or when it is delivered according to the requirements of this Paragraph 15. 16. LAW THAT GOVERNS THIS MORTGAGE The state and local law that applies in the place that the Property is located will govern this Mortgage. This wil! not limit Federai law that applies to this Mortgage. If any term of this Mortgage or of the Note conflicts with the law, all other terms of this Mortgage and of the Note will still remain in effect if they can be given effect without the conflicting term. This means that any terms of this Mortgage and the Note which conflict with the law can be separated from the remaining terms, and the remaining terms will still be enforced. As used in this Mortgage, the words "costs", "expenses" and "attorneys' fees" include all amounts not prohibited by applicable law or limited in this Mortgage. 17. BORROWER'S COPY OF THE NOTE AND OF THIS MORTGAGE I will be given copies of the Note and of this Mortgage. Those copies must show that the original Note and Mortgage have been signed. I will be given those copies either when I sign the Note and this Mortgage or after this Mortgage has been recorded in the proper official records. 18. REHABILITATION LOAN AGREEMENT I will comply with all of the terms and conditions of any home rehabilitation, improvement, repair, modernization, remodeling or similar loan agreement I have with Lender. If Lender requests it, I will sign and give to Lender an assignment of any rights or claims I might have against persons who supply labor, materials or services in connection with improving the Property. This assignment will be in a form acceptable to Lender. 19. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Lender may require immediate payment in full of all sums secured by this Mortgage if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. Lender also may require immediate payment in full if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person. However, Lender shall not require immediate payment in full if this is prohibited by federal law on the date of this Mortgage. If Lender requires immediate payment in full under this Paragraph 19, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is mailed or delivered. If I do not make the required payment during that period, Lender may act to enforce its rights under this Mortgage without giving me any further notice or demand for payment. NY 24260-6 9/99 Original (Recorded) Copy (Branch) Copy (Customer) Page 4 of 6 FILED: GENESEE COUNTY CLERK 04/22/2024 02:37 PM INDEX NO. E71260 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/22/2024 MARGARET M ANTINORE PATRICK J LONGHINI LIBER 1 5 1 3 PAGE 493 11/30/2006 NON-UNIFORM PROMISES I also promise and agree with Lender as follows: 20. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS if all of the conditions stated in subparagraphs (A), (B), and (C) of this Paragraph 20 are satisfied, Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Mortgage. Lender may do this without making any further demand for payment. This requirement will be calied "Immediate Payment In Full." If Lender requires Immediate Payment in Full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and to have the Property sold. At this sale Lender or another person may acquire the Property. This is known as "foreclosure and sale." If the proceeds of this sale are insufficient to repay Lender the amounts due to Lender from me under the Note and under this Mortgage, Lender may obtain a court judgment against me personally for the difference between all amounts due from me under the Note and this Mortgage and the sale proceeds. In any lawsuit for foreclosure and sale, Lender will have the right to collect all costs and expenses of the foreclosure and sale allowed by law. Lender may require Immediate Payment In Full under this Paragraph 20 only if all of the following conditions are satisfied: (A) I fail to keep any promise or agreement made in this Mortgage, including the promises to pay when due the amounts that I owe to Lender under the Note and under this Mo