Legal Document: Keybank National Association v. Robert A. Nobile, Deborah C. Nobile AKA DEBORAH C. LANG, Household Finance Realty Corporation Of New York, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises

On June 11, 2024 a COMPLAINT was filed involving a dispute between Keybank National Association, and Deborah C. Nobile Aka Deborah C. Lang, Household Finance Realty Corporation Of New York, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises, Robert A. Nobile, for Real Property - Mortgage Foreclosure - Residential in the District Court of Herkimer County.

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FILED: HERKIMER COUNTY CLERK 06/11/2024 10:50 AM INDEX NO. EF2024-111759
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/11/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
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KEYBANK NATIONAL ASSOCIATION, COMPLAINT

Plaintiff,
-against- Index No.: ______________

ROBERT A. NOBILE; DEBORAH C. NOBILE AKA MORTGAGED PREMISES:
DEBORAH C. LANG; HOUSEHOLD FINANCE REALTY 2624 RIVER RD
CORPORATION OF NEW YORK; “JOHN DOE #1” through FORT PLAIN, NY 13339
“JOHN DOE #10,” said names being fictitious and unknown to
plaintiff, intended to be possible tenants or occupants of the
premises, or corporations, persons, or other entities having or
claiming a lien upon the mortgaged premises,

Defendants.
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The Plaintiff herein, by its attorneys, GREENSPOON MARDER LLP,

complains and alleges upon information and belief as follows:

AS AND FOR A FIRST CAUSE OF ACTION

1. Plaintiff herein is, and at all times hereinafter mentioned was, organized under the

laws of United States of America.

2. On or about June 20, 2003, ROBERT A. NOBILE and DEBORAH C. NOBILE

AKA DEBORAH C. LANG executed and delivered to KEYBANK NATIONAL

ASSOCIATION, a certain Key Equity Options Agreement (“Note”) bearing that date, whereby

ROBERT A. NOBILE and DEBORAH C. NOBILE AKA DEBORAH C. LANG covenanted

and agreed to pay the principal sum of $57,500.00, subject to the terms more fully set forth in the

Note, which is annexed hereto as Exhibit A.

3. For the purpose of securing payment of the aforementioned indebtedness,

ROBERT A. NOBILE and DEBORAH C. NOBILE AKA DEBORAH C. LANG duly executed

and delivered a Home Equity Line of Credit Mortgage (“Mortgage”) to KEYBANK NATIONAL

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ASSOCIATION, and its successors and assigns, which was recorded in the Office of the

HERKIMER County Clerk on July 1, 2003, in Book 985, at Page 462. The Mortgage is annexed

hereto as Exhibit B.

4. The mortgaged premises, more fully described in the Schedule “A” Legal

Description annexed hereto, is commonly known as 2624 RIVER RD, FORT PLAIN, NY

13339, County of HERKIMER and State of New York (the “Premises”).

5. Any applicable recording tax was duly paid.

6. KEYBANK NATIONAL ASSOCIATION is the originator, owner and holder of

the subject Mortgage and Note and has the authority to institute a mortgage foreclosure action as

the owner and holder of the subject Mortgage and Note.

7. The Defendants, ROBERT A. NOBILE and DEBORAH C. NOBILE AKA

DEBORAH C. LANG, have failed to comply with the terms and provisions of the Mortgage

and Note by failing to pay principal and interest and/or taxes, insurance premiums, escrows

and/or other charges commencing with the October 20, 2021 payment.

8. That there is now due and owing to the Plaintiff, the principal sum of $35,590.05,

with interest thereon from September 20, 2021, plus accumulated late charges together with any

sums advanced by Plaintiff on behalf of the Defendant.

9. More than thirty (30) days have elapsed since the first of said defaults occurred,

and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and

payable the entire unpaid balance of principal, together with monies advanced for taxes,

insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees to

the extent permitted by the mortgage. See, the demand letter which was sent to the

Borrower(s)/Estate of the Borrower(s), annexed hereto as Exhibit C.

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10. Upon information and belief, to the extent applicable, Plaintiff has complied with

all of the provisions of Banking Law, Section 595-a [NYCLS], Section 6-1, Section 6-m, and

UCC § 9-611.

11. Upon information and belief, to the extent applicable, Plaintiff is in compliance

with RPAPL § 1304. See 90 Day Notice, annexed hereto as Exhibit D.

12. Upon information and belief, to the extent applicable, Plaintiff is in compliance

with RPAPL § 1306. The tracking number provided by the New York State Department of

Financial Services is NYS5687115.

13. Upon information and belief, Plaintiff has complied with all conditions precedent

contained in the mortgage, if any.

14. That in order to protect its security, the Plaintiff, or its agents, has paid or may be

compelled during the pendency of this action to pay local taxes, assessments, water rates,

insurance premiums and other charges affecting the mortgaged premises, and the Plaintiff

requests that any sums thus paid by it for said purposes (together with interest thereon),

should be added to the sum otherwise due and be deemed secured by the Mortgage and be

adjudged a valid lien on the Premises.

15. Each of the above-named defendants have, or may claim to have, some interest in

or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued

subsequent to the lien of Plaintiff’s Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2)

and/or RPAPL § 1311, any such interests or liens are subject and subordinate to Plaintiff’s

mortgage.

16. The named party defendants are described and set out with specificity in the

annexed Schedule “B.”

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17. The interest or lien of each of the named party defendant, if any, is set forth

specificity in the annexed Schedule “C.”

18. John Doe #1 through John Doe #10 are fictitious and unknown to Plaintiff. They

are named as defendants to designate any and all persons or parties, if any, having or claiming an

interest in or lien upon the mortgage premises. They may be judgment creditors or may have, or

claim to have a subordinate mortgage, or may be tenants/occupants, the possible interests of

which are subordinate to the interest of Plaintiff herein.

19. No other action or proceeding has been commenced or maintained or is now

pending at law or otherwise for the foreclosure the Mortgage or for the recovery of the sum

secured by the instant Note and Mortgage or any part thereof.

20. Plaintiff requests that in the event that this action proceeds to judgment of

foreclosure and sale, the premises shall be sold subject to the following:

i. Any state of facts that an inspection of the premises would disclose;

ii. Any state of facts that an accurate survey of the premises would show;

iii. Covenants, restrictions, easements and public utility agreements, if any,

iv. Building and zoning ordinances of the municipality in which the mortgage

premises are located and possible violations of same;

v. Any rights of tenants in possession of the subject premises;

vi. Any equity of redemption of the United States of America to redeem the

premises within 120 days from the date of sale;

vii. Prior mortgage liens of record, and any advances and arrears thereunder;

viii. Prior lien(s) of record, if any.

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21. Plaintiff shall not be deemed to have waived, altered, released or changed the

election hereinbefore made, by reason of any payment after the commencement of this action,

of any or all of the defaults mentioned herein, and such election shall continue and remain

effective.

WHEREFORE, Plaintiff demands judgment, against the Defendants as follows:

a. That each and all of the defendants in this action, and any and all persons

claiming by, through and under any of them, subsequent to the commencement of

this action and the filing of the Notice of Pendency thereof in the Office of the

County Clerk of HERKIMER County in the State of New York, which is the

county in which the Premises are located, may be forever barred and foreclosed of

any and all right, title and interest, claim, lien and equity of redemption in the

Premises;

b. That a receiver of rents may be appointed without notice as provided in the

Mortgage;

c. That the Court direct that the Premises can be sold according to law, in one

parcel or otherwise as equity may require;

d. That the monies arising from the sale of the Premises may be brought into Court;

e. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and

computed;

f. That Plaintiff may be paid the amount adjudged to be due on the Note and the

Mortgage with interest at the time of such payment, together with any monies

advanced and paid pursuant to any term of provision of the Note and Mortgage

so as to protect the lien of the Mortgage, and together with taxes, insurance

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premiums and all other charges and liens paid thereon with interest upon said

amount from the date of the respective payments and advances, together with all

amounts due by virtue of statutory costs, allowances and attorney’s fees, together

with any reasonable attorney’s fees over and above the amounts covered by the

statutory attorney’s fees, together with the expenses of the sale insofar as the

amount of such monies properly applicable thereto will pay the same;

g. That if the proceeds of the sale of the Premises are insufficient to pay the amount

found due to Plaintiff as set forth in the immediately preceding paragraph, the

officer making the sale be required by the judgment of sale herein to specify the

amount such deficiency in the report of sale so that application may be made by

Plaintiff to the Court pursuant to the Real Property Actions and Proceedings Law

§ 1371 for a deficiency judgment against the Defendant Obligors, which will

include the amount of any such deficiency, unless; 1) said debt has been listed and

discharged in a bankruptcy petition; or 2) Plaintiff is unable to produce a copy of

the Note;

h. If the Court, upon such application shall so direct, Plaintiff should have judgment

against the Defendants for the amount of such deficiency; and

(Remainder of the page intentionally left blank)

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i. That Plaintiff be awarded reasonable attorney’s fees as provided in the Note and

Mortgage, as well as the costs and disbursements of this action.

Dated: May 24, 2024
New York, New York
GREENSPOON MARDER LLP
Attorneys for Plaintiff

By: _/s/ Monica G. Christie_______
Monica G. Christie, Esq.
1345 Avenue of the Americas
Suite 2200
New York, NY 10105
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)

Please respond to Cypress Creek office:

Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: (888) 491-1120
F: (954) 343-6982

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SCHEDULE A- LEGAL DESCRIPTION

ALL THAT PARCEL OF LAND IN THE TOWN OF DANUBE, HERKIMER COUNTY,
STATE OF NEW YORK, AS MORE FULLY DESCRIBED IN DEED LIBER 787, PAGE
251, ID# 123.3-1-16.2 AND 123.3-1-16.1, BEING KNOWN AND DESIGNATED AS METES
AND BOUNDS PROPERTY, ROBERT A. NOBILE AND DEBORAH C. LANG, AS
JOINT TENANTS WITH RIGHT OF SURVIVORSHIP BY FEE SIMPLE DEED FROM
WILLIAM P. COOK AND ALICIA B. COOK, HIS WIFE AS SET FORTH IN LIBER 787
PAGE 251 DATED 07/10/1991 AND RECORDED 07/12/1991, HERKIMER COUNTY
RECORDS, STATE OF NEW YORK.

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SCHEDULE B - PARTY DEFENDANTS

PARTY DEFENDANT(S)

ROBERT A. NOBILE, Defendant is a(n) Owner/Borrower.

DEBORAH C. NOBILE AKA DEBORAH C. LANG, Defendant is a(n) Owner/Borrower.

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, Defendant is a
Mortgagee.

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SCHEDULE C – PARTY INTERESTS

PARTY DEFENDANT(S)

ROBERT A. NOBILE, Defendant has interest/is Owner of Record pursuant to Deed dated July
10, 1991 and recorded on July 12, 1991, in Book 787, at Page 251.

DEBORAH C. NOBILE AKA DEBORAH C. LANG, Defendant has interest/is Owner of
Record pursuant to Deed dated July 10, 1991 and recorded on July 12, 1991, Book 787, at Page
251.

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, Defendant has
interest/is a Mortgagee by virtue of mortgage recorded on September 14, 2006, in Book 1181, at
Page 770.

1
All attachments corresponding with this Schedule are annexed hereto, collectively, at Exhibit E.

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EXHIBIT “A”

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KEYEQUITYOPTIONSAGREEMENT
KeyBank

"we" "us" "our"
Meaning of Words: In this Agreernear the words and meanKeyBankNational Association
("KeyBank") 4910 Tiedeaman Road, Suite C, Brooklyn, Ohio 44144 . The words "you" and "your"
meanjointly and severally:
ROBERTA. NOBILE DEBORAHC. NOBILE

2624 RIVER RD PORT PIAIN, NY 13339
"Agreenmar"
(Borrower(s) Name(s) and Residence) and the word means this Key Equity Options Agreement.

Terms of Agneement: This Agreement govemsthe use of your Key Equity Options line of credit account (the
"Account") with us. It describes your variable rate, open-end, revolving line of credit with us (the "Variable Rate Portion")
and the Fixed Rate Option by which you mayelect to repay certain advances against your line FLine") of credit at a fixed
interest rate for a specified term.

L KEYEQUITYOPTIONSAGREEMENT
L Credit Limit: An approved Line of $ 57, 50o . 00 ("Credit Limit") is established for your Key Equity Options
Account During the draw period, you may obtain advances ("Advance"), repay and then obtain additional Advances,
provided such Advances would not cause your Credit Limit to be exceeded. Your Credit Limit will be reduced by Advances
taken aemino your Account and by the amount of any Fixed Rate Option(s) which you elect to take. During the draw
period, any amount(s) you repay against the outstanding principal balance of the Variable Rate Portion or any Fixed Rate
Option will increase the amount of credit available to you accordingly. During the repayment period, you will no longer be
entitled to obtain Advances. You agree not to request an Advance which would cause the total of Advances onkranding
together with all other sumsowedunder this Agreement (including finance charges and other charges), to exceed the Credit
Limit You further agree not to use any such Advances for any purpose expressly prohibited in any Rider to this Agreement
which is incorporated into this Agreement

2. Access to Your Account: You may obtain and direct Advances from your Account, up to your Credit Limit, as follows:
A. Cash Advance. You may request a Cash Advance in person at designated branches during normal business
hours;
B. Telephone Transfer: You may request an Advance from us if you have a deposit account with us and have
been approved for telephone transfers, by making a telephone transfer request for a specified sumto be advanced under your
Account and deposited in a deposit account that is tuninesined with us. In order to access your Account by telephone
transfer you must maintain one or more eligible deposit accounts with us throughout the term of this Agreement, including
the term of any Fixed Rate Option. No separate minimum balance or usage requirements for those deposit accounts are
imposed under this Agreement;
C. Overdrafts-Linked Account: If you have a demanddeposit account with us that is linked to your Account, you
may access your Account by an overdraft of that linked deposit account (the "Linked Account") up to the amount of your
Credit Limit. Only one deposit account maybe linked to your Account for the overdraft protection.
The linking of a deposit account to your Account is optional, but you will not enjoy any overdraft privileges unless
you do link a deposit account to your Account. If the Linked Account becomes overdrawn, funds will automatically be
transferred to the Linked Account in an amount sufficient to cover the overdraft. Overdrafts of the Linked Account will be
covered up to the amountof your available Credit Limit whether the overdraft occurs through charges or other debits to the
Linked Account or your accessing the Linked Account The person(s) who signed the Agreement as Borrower(s) must also
be the sameand only person(s) who are identified as owners of the Linked Account,
D. KeyEquity Cartl. (THE KEYEQUITY CARDIS NOTAVAILABLE IN NEWYORK)You will be
issued and agree to accept a KeyEquity Card credit card. All transactions you makewith the KeyEquity Card will be treated
as an Advanceand posted to your Account as of the date of the transaction; and
E. Equity Line Checks, Your Account maybe accessed by special Equity Line Checks ("Checks") provided by us.
You will receive these Checks imprinted with your Account number. The amount of each Check will be treated as an
Advance and posted to your Account.

3. Promise to Pay: You promise to pay all amounts outsennding on your Account, including any fees and charges we
impose. If more than one person signs this Agreement, you agree that (i) we can enforce our rights against cach of you
individually or against all of you together and (ii) we can send Account statements, notices and any other correspondence to
either of you.

4. Security: You are giving us the right of setoff and a mortgage/deed of trust security interest on your Residence or the
real estate located at 2 624 RIVER RD FORT PLAIN, NY 13339 ("Paperty")
(Address if different than above). You agree to execute a mortgage deed or deed of trust ("Security Instrument") giving us a
security interest in this real estate. All Advances up to the Credit Limit, which we are obligated to makeunder this
Agreement, will be secured by the Security Instrument. Except for the liens described in the Security Instrument, you will
not permit, create or allow any other encumbrance or lien on this real estate without our prior written consent. Wewill
consider any default by you under the Security Instrument a dernalt in the material obligations under this Agreement. You
could lose your Property if you don't meet the obligations in your Agreement willi us. Other property held by us as
collateral securing other loans (unless the other property is the principal residence of any person having an ownership
interest in that property) mayalso secure your Account .

5. Credit Insurance: You are not required to obtain credit life, accident, involuntary unemployment, health or loss-of-
income insurance (collectively referred to as "credit insurance") as a condition of obtaining credit under this Agreement If

Page 1
anoxanumm u..*
uw_KaNA
ray rgity opions As UND AcAPS*

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KEYEQUITYOPTIONSACREEMENT
we have offered you credit insurance and you have elected to purchase it from us, you authorize us to add the cost of
insurance premiums to your Account each monthly billing eycle. If you want this optional insurance, you must complete a
separate application. Wemayallow you to exceed the Credit Limit temporarily fkom time to time to accommodate these
premium amounts and you may be charged a fee. Advances in excess of your Credit Limit, however, will not be secured by
the Property described in this Agreement. The amount of insurance coverage available for purchase may not be sufficient to
insure the entire outstanding balance of your Account Credit insurance is not available in all states for certain types of
homeequity loans or lines of credit

6. Teran/Minimum Monthly Payment: Draw Period. The length of the Draw Period during which you can obtain
Advances against your Account is Fi f teen 05) years (180 months). During the Draw Period, payments are due monthly.
You agree that during the Draw Period you will makepayments equal to the required minimum payment for both the
Variable Rate Portion and any Fixed Rate Option(s) ("Minimum Monthly Payment"). In addition to the required minimum
payment for both the Variable Rate Portion and any Fixed Rate Option(s), your Minimum Monthly Payment will also
include any past due amounts, and any fees, charges or credit insurance premiums. The Minimum Monthly Payment may
not fully repay the principal outstanding on your Account.

You are required to pay us immediately all amounts exceeding your Credit I .imit The amount of your payment maychange
because the APRis variable on the Variable Rate Portion. You promise to pay us the unpaid hatan* of Advances plus the
Finance Charges, calculated at the daily periodic rate, and any additional charges permitted by this Agreement Rate
information will be provided on the monthly statements that we send you.

A. Variable Rate PortIon: Reouired Miniminn Payment (Select one of the followina navment options.)

3 Interest Only An amount equal to accrued Finance Charges.

O Regular Payment An amount equal to the greater of (a) 1/240th of the unpaid hnImmof Advances plus
accrued Finance Charges or (b) $100.00, and all previously billed but unpaid minimum
payments to your Account Rahmra of less than $100.00 must be paid in full

B. Fixed Rate Option: You agree to repay any Fixed Rate Option in consecutive, substantially equal monthly paymenre at
rate, for the term, and with such other conditions as agreed upon at the time you exercise the Option. Šhe
the interest
mombly payment due on any Fixed Rate Option will be an amount of principal and interest sufficient to amortize the Fixed
Rate Option over the term selected by you at the time the Option is exercised. This payment will be in addition to and
combined with the required minimum payment due for your Variable Rate Portion as described in the Agreement.
Disdosure of the required minimum payment due on the Fixed Rate Option will be based on an estimated distmrsement
date.

if at the time that the Variable Rate Portion of your Account matures you still owe moneyunder the terms of any Fixed Rate
Option(s), you shall continue to makepayments on such Option(s) according to the terms and Snditions of the Fixed Rate
Option confirmation notice(s) (which are incorporated into this Agreement by reference) and according to this Agreement.

7. Term/Minimum Monthly Payment: Repayment Period. The Repayment Period begins the first day after the Draw
Period ends and continues for fifteen (15) years (180 months). After the Draw Period ends, you will not be able to obtain
any moreAdvances or exercise any Fixed Rate Options and you will begin to repay the outstanding holen Onyour
Variable Rate Portion by making consecutive monthly payments. During the Repayment Period, payments will be due
monthly. Your monthly payment for the Variable Rate Portion will be amputed, at the beginning of the Repayment Period
and each year thereafter, to yield the monthly payment amount necessary to fully amortize the onscrawlimr balance, together
with Finance Charges, over the remaining term at the then current APR. There will be a minimum payment of $100 for the
Variable Rate Portion during the Repayment Period and if your principal balance is less than $100, the full amount will be
due. If the accrued Finance Charges for any given billing period on the Variable Rate Portion exceed the monthly payment
for that samebilling period, your monthly payment will be equal to the accrued Finance Charges for that billing period. The
Minimum Monthly Payment due on your Account during the Repayment Period will include any monthly payment due on
your Variable Rate Portion, any monthly payments due on your Fixed Rate Option(s), any past due amounts, any fees
charged to your Account, and any credit insurance premiums.

8. Finance Charge. PñmeRate Index: You must pay a Finance Charge on all Advances from the date each Advance is
madeuntil we receive payment in full. The Finance Charge is figured separately for both the Variable Rate Portion and any
Fixed Rate Option(s). The Index used by us to determine the Finanm Charge for both the Variable Rate Portion and any
Rate" Rates"
Fixed Rate Option(s)s is the "Prime as published in the Wall Street Journal "Money table. The Index is
published in each edition of the Wall Street Journal. Wheremore than one Prime Rate is published in any edition, the
Index will be the highest of the Prime Rates set forth. The Prime Rate is just a pricing index and is not necessarily the
lowest rate charged by us or any other lender. If the Index becomes unavailable for whatever reason, we will choose another
Index which is also readily available and veri6able by you and which is beyond our control. We
will notify you of the
substitute or replacement Index. We
may also change the Margin(s) if the Index becomes unavailable. The selection of any
replacement Index and Margin(s) will be done in compliance with applicable law.

9. M"vi=um Annual Percentage Rate: Your maximumAPRis 18.0%, which is a Daily Periodic Rate of .049315%
(.049180% in a leap year). Your APRmaychange by any amount on any Change Date not to exceed the maximumAPR.

10. Variable Annual Percentage Rate: VariaMe Rate Portion. Your Account has a variable rate feature. The Annual
PercentageRate ("APR") and the minimum payment can change as a result. 'lie APRis based on the value of the index
CIndex") described above. To determine the APRthat applies to your Account we 8 add O subtract a Margin of

Page 2

xEoKBNAUZW3 Linp8:
UNKnNAKeynqmtyoptionsApeementU2343 AcAPS#:

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KEYEQUITYOPTIONSAGREEMENT
0. 00 %to the value of the Index. The APRdoes not include costs other than interest. The APRon your Account may
change daily. If the Index increases in value (assuming the sameoumansting balance), the APRand minimum payment
will also increase. If the Index decreases in value (assuming the sameoutstanding balance) the APRand minimum
payment may decrease, but the minimum payment during the Draw Period will always be at least the accrued Finance
Charges, only payment option; or the lesser of $100 or the outstanding balance, if you chose the
if you chose the interest
principal plus interest During the Repayment Period, the minimum payment will always be at least the
payment option.
lesser of $100 or the outstanding balance. If the Daily Periodic Rate increases, a lesser portion of your minimum payment
will be applied to principal and a greater portion will be applied to Finance Charge. The APRdoes not take into account
your optional Linked Account.

The date on which your APRcould change is called "Change Date".

11. Finance Charge: Variable Rate Portion. We
figure the daily Finance Charge on your Account by multiplying the

Daily Balance by the Daily Periodic Rate then in effect. Thenwe add all of the daily Finance Charges together to get the
total accrued Finance Charge for the billing cycle. The Daily Balance is figured this way: we take the beginning principal
balance (which excludes unpaid Finance Charges [except for financed closing costs, if any]), each day and add to it any new
debit amounts (each of which is posted as of the effective date of the transaction). The principal balance includes the
amountof the Advance and any other items that are financed, such as closing costs, if any. Next we subtract payments and
credits posted to the Account's principal halance (each of which is posted as of the effective date of the transaction). This
gives us your Daily Balance. (For purposes of figuring the Daily Balana, we will not subtract any payment or portion
thereof that is in excess of the principal balance. For each day there is a balance in excess of the principal halance ("credit
halancP $8 Z [O in place of the credit balance.) Wedetermine a daily periodic rate by dividing the "Annual
W
Rate"
Percentage by the nmnberof days in a year (365 or 366). Your periodic rates mayvary.
The Finance Charge does not include costs other than interest The Finance Charge does not take into account
your optional Linked Account. Payment in full of the newbalance by the due date will not avoid the assessment of P^mance
Charges on the balances from the date shownon your monthly statement through the date paid. Finance Charges begin to
accrue as of the effective date of the Advance or charge. There is no grace period.

12. Initial Disclosure: Variable Rate Portiors.

B If this box is checked, the APRas of o6/19/o3 is 4. 25 84 which is a Daily Periodle Rate of
o . o11s 43a4 %This rate may change daily.

The initial APRis based on the Index and margin used for later rate acljustments.

A. Promotional Rate Disconut
O - If this box is checked, the initial APRis n/a %, which results in a Daily Periodic Rate of
g/g %
The initial APRis "discounted." This initial APRis based on the Index O plus O minus a
margin of n /a M. The initial index plus/minus a margin will remain in effect through
n/a . After the discounted period, the APRthat will apply is the Index then in effect O plus
O minus a margin of n /a % which, as of n/a , is n/a %
APRand a Daily Periodic Rate of
n/a %
The initial APRis not based on the margin used for later rate adjustments.

O If this box is checked, you mnst agree to take a minimum initial advance of rva at the time the Account
is opened in order to obtain the promotional rate discount. We
reserve the right to apply the initial, nonÄiiscounted
rate to the Account if the required minimum initial advance is not taken.

O If this box is
checked, you must have, or agree to open, a deposit account with us in order obtain the m
promotional rate discount We
reserve the right to apply the initial, non-discounted rate to the Account if you do
not have the required deposit aa:ount.

13. Nature of a Fixed Rate Option: During the Draw Period, you may use the Fixed Rate Option ("Option") to convert
amounts you oweunder the Variable Rate Portion of your Account from a variable to a fixed rate of interest A Fixed Rate
Option will have a fixed interest rate and specified term, and allows you to repay a specified amount in substantially equal
consecutive monthly payments that will be in addition to and combined with any minimum payment on your Variable Rate
Portion. A Fixed Rate Option maybe for any amount between $5,000 and the amount of the credit remaining on the
Variable Rate Portion of your Account If there is a Fixed Rate Option outstanding, your Account will consist of a Variable
Rate Portion (reflecting the Advance(s) against the Line) and a Fixed Rate Option portion (reflecting the Advances(s)
against the Line which you have elected to repay at a fixed mte over a specified term). Your monthly statement will reflect
both portions of your Account. If a Fixed Rate Option is for an amount from $5,000 to $19,999.99, you maychoose a term
between 12 and I20 months. If a Fixed Rate Option is for $20,000 or more, you may choose a term between 12 and 240
months. The term of the Fixed Rate Option may extend beyond the maturity of the Variable Rate Portion of your Account.

14. Conditions for Exercising a Fixed Rate Option: You mayexercise an Option if a) you are in the Draw Period; b) no
default exists under the terms of the Agreement; c) there are not more than three Fixed Rate Options outstanding aAer you
exercise the Option, d) you have not exercised more than two Options within the previous 365 day period; and e) you sign
any request forms that may be required by us to anfirm your decision m
exercise the Option. In no case mayyou exceed
your Credit Limit by exercising the Option.

Page 3

xsoxamman
UN_EBNA AgeemeraU23AS
KeyEquityOptions
at
ACAPS&

14 of 228
FILED: HERKIMER COUNTY CLERK 06/11/2024 10:50 AM INDEX NO. EF2024-111759
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/11/2024
KEYEQUITYOPTIONSAGREEMENT
15. Exercising the Fixed Rate Option: To exercise the Fixed Rato Option call 1-800-KEY2YOUat such times or
locationsas we tell you.

16. Finance Charge: MxedRate Option. The Finance Charge on the Fixed Rate Option Portion of your Account is made
up of the sum of two components as follows: A. The first component is calculated by multiplying the Daily Balance for
each day by the Daily Periodic Rate then in effect (The Daily Periodic rate is determined by taking the Index in e5ect,
adding the appropriate Margin as described below, and dividing by the numberof days in the year [365 or 366].) Thenwe
add all of the daily Finance Charges together to get the total accrued Finance Charge for the statement cycle. B. The second
component is the Fixed Rate Option Fee, whether financed or separately paid. (Finana Charge = A+B). The Daily
Balance is figured this way· we take the beginning principal balance (which excludes unpaid Finance Charges [except for
any financed Fixed Rate Option fee]) and certain other charges, if any. The principal batans includes the amount of the
Option and any other items that are financed, such as the Fixed Rate Option fee, if any. Next we subtract any payments and
credits posted to the Account's principal balance (each of which is posted as of the effective date of the tranation). This
gives us your Daily Balance.

17. Initial Fixed Rate Option. To the Index value we will add a Margin of 1. 750
Disclosure: for loans between 12 %
and 120 months and 2 . 250 %for loans of more than 120 months to 240 months. As of 06/19/ 03 , the Dalty
Periodie Rate for a Fixed Rate Option of between 12 and 120 months is 0. 01643836 This is an APRof %
6. 000 %
As of 06/19/03 , the Daily Periodic Rate for a Fixed Rate Option of more than 120 months to 240
months is 0. 017s o a 22 %
This is an APRof 6. 500 %
Oncea Fixed Rate Option has been established,
the Daily Periodic Rate for that Fixed Rate Option win not charge. However, if the Daily Periodic Rate quoted to you for a
Fixed Rate Option changes before you exercise the Option, the corresponding minimum payment and APRmaybe different
than the one quoted to you. An increase in the Daily Periodic Rate may increase the minimum payment Notwithstanding
any other provision in this Agreement, we do not intend the interest we charge to exceed the maximumrate allowed under
applicable law. The APR(shown here) does not include costs other than interest. Finance Charges begin to accrue as of
the effective date your Advana is converted to a Fixed Rate Option.

A. Promotional Rates. Wemay, in our discretion, rate from time to time to apply to any

Case Info

Case No.

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Document Filed Date

June 11, 2024

Case Filing Date

June 11, 2024

County

Parties

CHRISTIE, MONICA G. Attorney for the Plaintiff
Deborah C. Nobile AKA DEBORAH C. LANG Defendant
HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK Defendant
JOHN DOE #1 through JOHN DOE #10, said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises Defendant
KEYBANK NATIONAL ASSOCIATION Plaintiff
Robert A. Nobile Defendant

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