FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`NYSCEF DOC. NO.
`6
`
`INDEX NO. 805976/2023
`INDEX NO. 805976/2023
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 05/15/2023
`
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`EXHIBIT “A”
`EXHIBIT “A”
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`(Page 3
`of
`8)
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`Note
`
`October 13, 2015
`[Date]
`
`Buffalo
`[City]
`20 Charnwood Drive, Buffalo, NY 14215
`[Property Address]
`I promise to pay U.S. $83,819.00
`In return for a loan that
`(this amount
`I bave received,
`to Pay.
`Promise
`1. Borrower's
`.
`I will make all
`to the order of the Lender. The Lender.is First Niagara Bank, N.A..
`plus interest,
`is called "Principal"),
`this Note in the form of cash, check or money order.
`payments under
`this Note. The Lender or anyone who takes this Note by transfer and who is
`the Lender may transfer
`I understand that
`entitled to receive payments under
`this Note is called the "Note Holder".
`
`New York
`[State]
`
`Interest will be charged on unpaid principal
`Interest.
`2.
`interest at a yearly rate of 4.125%.
`rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
`The interest
`of this Note.
`
`until
`
`the full amount of Principal
`
`has been paid.
`
`I will pay
`
`3. Payments.
`
`and interest by making a payment every month.
`of Payments.
`I will pay principal
`and Place
`(A) Time
`I will make these
`on December
`1, 2015.
`payment on the 1st day of each month beginning
`I will make my monthly
`and interest and any other charges described below that
`I have paid all of the principal
`payments every month until
`payment will be applied as of
`its scheduled due date and will be applied to
`this Note. Each monthly
`may owe under
`I still owe amounts under
`in full
`I will pay those amounts
`interest before Principal.
`If, on November
`this Note,
`1, 2045,
`on that date, which is called the "Maturity
`Date".
`payments at PO Box 28, Buffalo, NY 14240 or at a different place if required by the Note
`I will make my monthly
`Holder.
`
`I
`
`(B) Amount
`4. Borrower's
`
`of Monthly
`Right
`to Prepay.
`
`Payments.
`
`My monthly payment will be in the amount of U.S. $406.23.
`
`as a
`only is known
`at any time before they are due. A payment of Principal
`to make payments of Principal
`I have the right
`I will
`tell
`the Note Holder
`that
`in writing
`I am doing so. I may not designate a
`"Prepayment". When I make a Prepayment,
`if
`I have not made all
`payment as a Prepayment
`the monthly
`payments due under
`the Note.
`or partial Prepayments without
`paying a Prepayment
`charge. The Note Holder will use
`I may make a full Prepayment
`to reduce the amount of Principal
`that
`I owe under
`this Note. However,
`the Note Holder may apply my
`my Prepayments
`to the accrued and unpaid interest on the Pmpayment
`amount, before applying my Prepayment
`Prepayment
`to reduce the
`there will be no changes in the due date or in the amount of
`I make a partial Prepayment,
`Principal
`amount of the Note.
`If
`payment unless the Note Holder agrees in writing
`to those changes.
`my monthly
`interpreted
`5. Loan Charges.
`If a law, which applies to this loan and which sets maximum loan charges,
`so
`is finally
`that
`the interest or other
`or to be collected
`loan charges collected
`in connection with this loan exceed the permitted
`limits,
`and
`then:
`(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
`limit;
`(b) any sums already collected
`from me which exceeded permitted
`limits will be refunded to me. The Note Holder may
`choose to make this refund by reducing the Principal
`I owe under
`this Note or by making a direct payment
`to me.
`If a
`the reduction will be treated as a partial Prepayment.
`refund reduces Principal,
`6. Borrower's
`Failure
`
`to Pay as Required.
`
`NEWYORKFlXEDRATENOTE-SingleFamily-FannieMaelFreddieMacUNIFORMINSTRUMENT
`VMPS
`WoltersKlowerFinancialServices
`
`Form3233(1/01)
`382015
`Page1of3
`
`

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`o f
`8 )
`(Page 4
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
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`RECEIVED NYSCEF: 05/15/2023
`
`U
`
`the Note Holder has not received the full amount of any monthly
`ue Payments.
`for Overd
`If
`(A) Late Charges
`the date it is due,
`fifteen calendar days after
`payment by the end of
`I will pay a late charge to the Note Holder. The
`amount of the charge will be 2.000% of my overdue payment of principal
`and interest.
`I will pay this late charge promptly
`but only once on each late payment.
`If
`(B) Default.
`l do not pay the full amount of each monthly
`payment on the date it is due,
`of Default.
`if
`(C) Notice
`If
`I am in default,
`the Note Holder may send me a written notice telling me that
`I do not pay
`the overdue amount by a certain date,
`the Note Holder may require me to pay immediately
`the full amount of Principal
`which has not been paid and all
`the interest
`that
`I owe on that amount. That date must be at least 30 days after
`the date
`on which the notice is mailed to me or delivered by other means.
`Even if, at a time when I am in default,
`(D) No Waiver
`By Note Holder.
`the Note Holder does not require me to
`in full as described above,
`the Note Holder will still have the right
`to do so if
`I am in default at a later
`pay immediately
`time.
`
`I will be in default.
`
`and Expenses.
`Costs
`of Note Holder's
`(E) Payment
`the Note Holder will have the right
`in full as described above,
`this Note to the extent not prohibited
`in enforcing
`by applicable
`attorneys'
`fees.
`
`If
`
`the Note Holder has required me to pay immediately
`its costs and expenses
`to be paid back by me for all of
`law. Those expenses include,
`reasonable
`for example,
`
`any notice that must be given to me under
`law requires a different method,
`Unless applicable
`of Notices.
`7. Giving
`this
`Note will be given by delivering
`it or by mailing,it
`by first class mail
`to me at the Property Address above or at a different
`I give the Note Holder a notice of my different
`address.
`address if
`it or by mailing
`this Note will be given by delivering
`Any notice that must be given to the Note Holder under
`it by first
`to the Note Holder at the address stated in Section 3(A) above or at a different
`address if
`class mail
`I am given a notice of
`that different
`address.
`
`Under
`If more than one person signs this Note, each person is fully and
`This Note.
`of Persons
`8. Obligations
`the promises made in this Note,
`obligated to keep all of
`the promise to pay the full amount owed.
`personally
`including
`Any person who is a guarantor, surety or endorser of
`this Note is also obligated
`to do these things. Any person who
`of a guarantor,
`the obligations
`takes over these obligations,
`surety or endorser of
`is also obligated
`this Note,
`including
`keep all of the promises made in this Note. The Note Holder may enforce its rights under
`this Note against each person
`or against all of us together. This means that any one of us may be required to pay all of the amounts owed
`individually
`under
`this Note.
`
`to
`
`9. Waivers.
`and Notice of
`this Note waive the rights of Presentment
`under
`I and any other person who has obligations
`"Presentment" means the right
`Dishonor.
`"Notice of
`to require the Note Holder
`to demand payment of amounts due.
`" means the right
`Dishonor
`to require the Note Holder
`to give notice to other persons that amounts due have not been paid.
`vanations m some junsdictions.
`Note. This Note is a uniform instrument with limited
`In addition
`10. Uniform
`Secured
`given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
`to the protections
`dated the same date as this Note, protects the Note Holder
`result
`if
`from possible losses that might
`I do not
`Instrument"),
`describes how and under what conditions
`I may be
`keep the promises which I make in this Note. That Security
`Instrument
`required to make immediate
`in full of all amounts I owe under
`this Note. Some of
`those conditions
`are described
`payment
`as follows:
`if all or any part of the
`Instrument
`in full of all Sums Secured by this Security
`payment
`Lender may require immediate
`If Borrower
`Lender's prior written permission.
`is sold or transferred without
`in the Property,
`Property, or if any right
`is sold or transferred without
`Lender's prior written
`in Borrower
`interest
`is not a natural person and a beneficial
`this option shall not be exercised by Lender
`Lender also may require immediate
`payment
`in full. However,
`permission,
`if such exercise is prohibited
`Law.
`by Applicable
`this Section 18, Lender will give me a notice which
`states this
`requires immediate
`payment
`in full under
`If Lender
`The notice will give me at least 30 days to make the required payment. The 30-day period will begin on
`requirement.
`Instrument.
`If
`I do not make the
`required by Section 15 of this Security
`the date the notice is given to me in the manner
`Instrument without
`required payment during that period, Lender may act to enforce its rights under
`this Security
`giving
`me any further notice or demand for payment.
`
`NµwvORKFlXEDRATENOTE-SingleFemayfannieMae/FreddieMacUNIFORMINSTRUMENT
`VMPS
`WokersKluwerFinancialServices
`
`Form
`08/2015
`Page2of3
`
`

`

`o f
`8 )
`(Page 5
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`VITNESS
`
`THE HAND(S)
`
`AND SEAL(S) OF THE UNDERSIGNED.
`
`Borrower
`
`Kassa
`
`ra
`
`1ck
`
`[Sign Original Only]
`Loan Origination Organization:
`N.A.
`
`NMLS ID: 413059
`
`First Niagara Bank,
`
`Loan Originator:
`
`Johnathan Graves
`
`NMLS ID: 1053791
`
`aFemity-Fenn4gaWFegeme
`
`OS/2015
`Page3of3
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`

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`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`NYSCEF DOC. NO.
`6
`
`INDEX NO. 805976/2023
`INDEX NO. 805976/2023
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 05/15/2023
`
`
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`EXHIBIT “B”
`EXHIBIT “B”
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`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`ERIE
`
`COUNTY
`
`CLERK'S
`
`OFFICE
`
`County
`
`Clerk's
`
`Recording
`
`Page
`
`Return
`to:
`FIRST
`Residential
`4224
`Ridge
`
`Amherst,
`
`NIAGARA
`
`BANK NA
`Post Closing
`Mtg
`Lea Rd.
`NY 14226
`
`1:
`Party
`MACK KASSANDRA
`
`2:
`
`Party
`FIRST
`
`NIAGARA
`
`BANK NA
`
`Recording
`
`Fees:
`
`RECORDING
`COE CO $1 RET
`COE STATE
`GEN
`$14.25
`$4.75 RM
`COE STATE
`
`$120.00
`$1.00
`$14.25
`$4.75
`
`13741
`
`Page:
`
`3219
`
`PM
`
`Type: M Book:
`Book
`20
`Page Count:
`MORTGAGE
`Type:
`Doc
`Rec Date:
`10/13/2015
`Rec Time:
`04:15:15
`2015209492
`#:
`Control
`G
`Donna
`UserID:
`15166268
`Trans
`Document
`Sequence
`Number
`MTDG2015016741
`
`#·
`
`Consideration
`
`Amount:
`
`83819.00
`
`MT
`BASIC
`SONYMA MT
`ADDL
`MT/NFTA
`SP MT/M-RAIL
`NY STATE
`ROAD
`FUND
`
`TT
`
`TT
`
`$419.00
`$0.00
`$184.50
`$209.50
`$0.00
`$0.00
`
`STATE
`ERIE
`
`OF NEW YORK
`COUNTY
`CLERK'S
`
`OFFICE
`
`Total:
`
`$953.00
`
`- THIS
`WARNING
`SHEET
`BY SECTION
`319&316-a
`DO NOT DETACH.
`YORK.
`
`THE
`CONSTITUTES
`CLERK'S
`PROPERTY
`(5) OF THE REAL
`IS NOT A BILL.
`THIS
`
`ENDORSEMENT
`LAW OF THE
`
`STATE
`
`REQUIRED
`OF NEW
`
`Christopher
`
`L. Jacobs
`
`County
`
`Clerk
`
`Book13741/Page3219
`
`Page
`
`1 of
`
`20
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`Return
`To: First Niagara Bank, N.A.
`ATTN:
`Residential Mtg-Post
`Closing
`4224 Ridge Lea Rd
`Amherst, NY 14226
`
`Mortgage
`
`Words
`
`Used Often
`
`in This Document.
`"
`
`is dated October
`Instrument.
`
`13, 2015,
`
`together with all
`
`This document, which
`Instrument.
`(A)
`"Security
`Riders
`to this document,
`will be called the Security
`" Kassandra Mack,
`Court, Apartment
`"Borrower.
`, whose address is 11 Windwood
`C,
`(B)
`"I" or "me."
`NY 14225 sometimes will be called Borrower
`and sometimes
`Cheektowaga,
`simply
`"MERS"
`Inc. MERS is a separate corporation
`is Mortgage
`Registration
`Electronic
`Systems,
`(C)
`and assigns. MERS is
`as a nominee
`is acting solely
`that
`successors
`and Lender's
`for Lender
`address of P.O. Box 2026,
`organized
`and existing
`under
`the laws of Delaware,
`with a mailing
`IL 61834
`Flint, MI 48501-2026,
`a street address of 1901 E Voorhees Street, Suite C, Danville,
`OF RECORDING
`and telephone
`THIS
`number
`of (888) 679-MERS.
`FOR PURPOSES
`MERS IS THE MORTGAGEE
`OF RECORD.
`MORTGAGE,
`" First Niagara Bank, N.A. will be called Lender. Lender
`or
`is a corporation
`"Lender.
`(D)
`address is 726 Exchange Street, Suite
`the laws of USA.
`association which
`exists under
`Lender's
`618, Buffalo, NY 14210.
`" The note signed by Borrower
`13, 2015, will be called the Note. The
`and dated October
`"Note.
`(E)
`eight hundred-nineteen
`and 00/100 Dollars
`Note shows that
`I owe Lender
`three thousand
`eighty
`I have promised
`(U.S. $83,819.00)
`that may be payable.
`to pay this
`plus interest and other amounts
`debt
`1, 2045.
`in Periodic Payments
`in full by November
`and to pay the debt
`" The property
`"Description
`that
`below in the section titled
`"Property.
`is described
`(F)
`Property,"
`will be called the Property.
`" The Loan means the debt evidenced
`any prepayment
`by the Note, plus interest,
`"Loan.
`(G)
`charges and late charges due under
`this Security
`the Note, and all sums due under
`Instrument,
`interest.
`
`of
`
`the
`
`plus
`
`" The amounts
`"Sums Secured.
`(H)
`in the Property"
`Lender
`of Rights
`
`"Borrower's
`below in the section titled
`described
`be called the Sums Secured.
`sometimes will
`
`Transfer
`
`to
`
`This Property
`Section:
`80.69 Block:
`
`is or will
`
`be principally
`1 Lot: 18 Unit:
`
`improved
`
`by a one- or two-family
`
`house or dwelling
`
`only.
`
`gleFamily-FannieMaafFreddieMacUNIFORMINSTRUMENTWITHMERS
`VMP®
`WollersKluwerFinancialServices
`
`Form
`Oly2015
`Page1of18
`
`Book13741/Page3220
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`Page
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`2 of
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`

`other
`Funds Transfer means any transfer of money,
`Funds Transfer
`"Electronic
`Electronic
`(L)
`an electronic
`which
`through
`is initiated
`paper
`than by check, draft, or similar
`terminal,
`instrument,
`a fmancial
`or authorize
`or magnetic
`tape so as to order,
`telephonic
`instruct,
`instrument,
`computer,
`Funds Transfer
`to debit or credit an account. Some common
`of an Electronic
`institution
`examples
`a card such as an asset or debit card is used at a merchant),
`are point-of-sale
`(where
`transfers
`by telephone, wire transfers,
`initiated
`automated
`teller machine
`(or ATM)
`transfers
`transactions,
`and automated
`clearinghouse
`transfers.
`"
`
`(M)
`
`"Escrow Items.
`
`Those items that are described
`"
`
`in Section
`
`3 will be called Escrow Items.
`
`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`" All Riders
`will be
`that are signed by Borrower
`to this Security
`"Riders.
`Instrument
`attached
`(I)
`[check box as applicable]:
`called Riders. The following
`are to be signed by Borrower
`Riders
`O Adjustable
`Rate Rider
`Rider
`O Condominium
`O Balloon Rider
`O Planned Unit Development
`O VA Rider
`Payment Rider
`O Biweekly
`
`O Second Home Rider
`O 1-4 Family Rider
`O Other(s)
`[specify]
`
`Rider
`
`"
`
`state and local statutes,
`applicable
`Law.
`"Applicable
`All controlling
`regulations,
`federal,
`(J)
`law) as well as all applicable
`(that have the effect of
`ordinances
`and administrative
`rules and orders
`Law.
`judicial
`be called Applicable
`opinions will
`final, non-appealable,
`" All dues,
`fees, assessments
`Dues, Fees, and Assessments.
`Association
`"Community
`(K)
`by a condominium
`that are imposed
`on Borrower
`or the Property
`other charges
`association,
`Association
`homeowners
`or similar
`organization
`will
`be called Community
`association
`Dues, Fees,
`and Assessments.
`
`and
`
`"
`
`Proceeds.
`"Miscellaneous
`Proceeds means any compensation,
`Miscellaneous
`settlement,
`(N)
`as defined
`than Insurance Proceeds,
`(other
`paid by any third party
`or proceeds
`award of damages,
`(i) damage to, or destruction
`the
`the coverage
`in Section
`5) for:
`in, and paid under
`described
`of,
`in
`conveyance
`the Property;
`or other
`(ii) Condemnation
`taking of all or any part of
`Property;
`(iii)
`of, or omissions
`lieu of Condemnation
`or sale to avoid Condemnation;
`or (iv) misrepresentations
`by any governmental
`the value and/or
`the Property.
`the Property
`as to,
`condition
`of
`A taking
`of
`as "Condemnation."
`by eminent
`domain
`is known
`authority
`" Mortgage
`"Mortgage
`Insurance.
`Insurance means insurance
`(0)
`nonpayment
`of, or default
`the Loan.
`on,
`" The regularly
`scheduled
`Payment.
`"Periodic
`(P)
`the Note, and (ii) any amounts
`under Section 3 will
`"RESPA."
`2601
`(12 U.S.C. Section
`Procedures Act
`RESPA means the Real Estate Settlement
`(Q)
`X (12 C.F.R. Part 1024), as they might
`be
`et seq.) and its implementing
`Regulation
`regulation,
`legislation
`or regulation
`that governs
`amended
`from time to time, or any additional
`or successor
`and
`the same subject matter. As used in this Security
`RESPA refers to all
`requirements
`Instrument,
`loan" even if
`related mortgage
`the Loan does
`that are imposed
`restrictions
`in regard to a "federally
`loan" under RESPA.
`not qualify
`as a "federally
`related mortgage
`grant and convey
`of Rights
`Borrower's
`Transfer
`to Lender
`in the Property.
`I mortgage,
`and its
`successors and assigns)
`the Property
`to MERS (solely
`as nominee
`for Lender
`and Lender's
`Instrument.
`This means that, by signing
`and assigns subject
`to the terms of
`this Security
`successors
`
`protecting
`
`Lender
`
`against
`
`the
`
`(i) principal
`due for
`amount
`be called Periodic Payment.
`
`and interest
`
`under
`
`gleFamilyFannieMae/FreddieMacUNIFORMINSTRUMENTWITHMERS
`VMPS
`WollersKluwerFinancialServices
`
`Form3033101
`08/2015
`Page2of18
`
`Book13741/Page3221
`
`Page
`
`3 of
`
`20
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`Instrument
`those rights that are stated in this Security
`this Security
`Lender
`I am giving
`Instrument,
`on real property.
`and also those rights
`to lenders who hold mortgages
`that Applicable
`Law gives
`I fail
`result
`losses that might
`if
`to:
`Lender
`to protect
`Lender
`from possible
`these rights
`giving
`limited
`but not
`to, all
`(A) Pay all
`the amounts
`I owe Lender as stated in the Note including,
`that
`and modifications
`extensions
`of
`the Note;
`renewals,
`(B) Pay, with
`any amounts
`spends under
`that Lender
`interest,
`value of
`the Property
`and Lender's
`and
`rights
`in the Property;
`(C) Keep all of my other promises
`and agreements
`under
`this Security
`title to the rights granted by me in this Security
`I understand
`and agree that MERS holds only
`legal
`to comply with law or custom, MERS (as nominee
`and
`for Lender
`if necessary
`Instrument,
`but,
`Lender's
`and assigns) has the right:
`successors
`to exercise
`any or all of
`those rights,
`(A)
`including,
`and
`Property;
`to take any action required
`(B)
`Instrument.
`Security
`
`I am
`
`this Security
`
`Instrument
`
`to protect
`
`the
`
`Instrument
`
`and the Note.
`
`but not
`
`limited
`
`to,
`
`the right
`
`to foreclose
`
`and sell
`
`the
`
`of Lender
`
`including,
`
`but not
`
`limited
`
`to, releasing
`
`and canceling
`
`this
`
`successors
`
`legal
`
`that are located on the Property
`
`described
`
`in subsection
`
`for Lender and Lender's
`the Property.
`I give MERS (solely
`of
`Description
`as nominee
`and assigns)
`in the Property
`through
`(G) below:
`rights
`described
`in (A)
`, Town or
`is located
`(A) The Property which
`Drive
`[Street] Buffalo
`at 20 Charnwood
`[City
`It has the following
`14215 [Zip Code]
`is in Erie County.
`New York
`. This Property
`Village],
`Schedule A
`description:
`See Attached
`(B) All buildings
`and other
`improvements
`(A) of
`this section;
`(C) All
`(A) of
`in subsection
`described
`the Property
`in other property
`I have as owner of
`that
`rights
`attached to the Property;"
`this section. These rights
`are known
`and appurtenances
`as "easements
`the
`lies in the streets or roads in front of, or next
`that
`I have in the land which
`(D) All
`rights
`to,
`described
`in subsection
`this section;
`(A) of
`Property
`(E) All
`that are now or in the future will
`be on the Property
`fixtures
`and (B) of
`this section;
`(F) All
`of
`the rights and property
`acquire
`in the future;
`and
`in subsections
`(G) All
`replacements
`of or additions
`to the Property
`described
`(B)
`this section
`and all
`Insurance
`loss or damage to, and all Miscellaneous
`Proceeds
`for
`described
`in subsections
`this section.
`through
`(F) of
`Property
`(A)
`Obligation
`to Defend
`to Mortgage
`and Borrower's
`Right
`Borrower's
`the Property
`to
`I have the right
`of
`the Property.
`I promise
`own the Property;
`that:
`I lawfully
`(B)
`Ownership
`(A)
`grant and convey
`the Property
`claims or charges
`there are no outstanding
`to Lender;
`and (C)
`mortgage,
`against
`the Property,
`for
`except
`those which
`are of public
`record.
`I give a general warranty
`for any losses
`responsible
`of
`be fully
`I will
`title to Lender. This means that
`which
`in the Property which
`the rights
`Lender
`suffers because someone
`than myself
`has some of
`other
`I promise
`of
`against any claims
`that
`I have.
`I promise
`that
`the Property
`I will
`defend my ownership
`of
`such rights.
`
`described
`
`in subsections
`
`(A)
`
`described
`
`in subsections
`
`(B)
`
`through
`
`(E) of
`
`this section that
`
`I
`
`(F) of
`through
`Proceeds
`of
`
`the
`
`mgleFamily-FanniaMaa/FreddieMacUNIFORMINSTRUMENTWITHMERS
`VMPS
`WollersKluwerFinancialServices
`
`Form30331/01
`08/2015
`Page3of18
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`Page
`
`4
`
`of
`
`20
`
`.
`
`. . ...
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`Plain
`and
`promises
`contains
`Instrument
`Instrument.
`Language
`This Security
`Security
`the country.
`It also contains
`that are used in real property
`all over
`agreements
`instruments
`security
`other promises
`the country. My promises
`and agreements
`and agreements
`that vary in different
`parts of
`language."
`are stated in "plain
`
`Covenants.
`
`I promise
`
`and I agree with Lender
`
`as follows:
`
`the
`
`and interest due under
`pay to Lender on time principal
`I will
`to Pay.
`1. Borrower's
`Promise
`Note and any prepayment,
`the Note.
`I will
`also pay all
`late charges and other amounts
`due under
`amounts
`Instrument.
`for Escrow Items under Section
`3 of
`this Security
`shall be made in U.S. currency.
`Payments
`If any
`due under
`Instrument
`the Note and this Security
`of my payments
`to Lender unpaid,
`by check or other payment
`Lender may
`instrument
`is returned
`require my payment
`check, bank check,
`(c) certified
`treasurer's
`be made by:
`(a) cash;
`(b) money order;
`check or cashier's
`whose deposits are insured by a federal agency,
`drawn upon an institution
`check,
`or entity;
`Funds Transfer.
`or (d) Electronic
`instrumentality,
`Payments
`in the Note, or at
`required
`at the location
`are deemed received
`by Lender when received
`anothã
`Instrument.
`location
`Lender may
`designated
`by Lender under Section
`15 of
`this Security
`return or accept any payment
`that
`is less than the amount
`or partial
`payment
`if
`is for an amount
`it
`that
`is then due.
`Lender may refuse to accept a lesser payment
`If Lender
`accepts a lesser payment,
`that
`I may make in the future and does not waive
`Lender
`is not obligated
`to apply
`its rights.
`any of
`such lesser payments when it accepts
`on principal
`accrues as if all Periodic
`such payments.
`If
`interest
`Payments
`had been paid when due,
`need not pay interest on unapplied
`funds. Lender may
`then Lender
`hold such unapplied
`I make payments
`If
`I do not do so within
`to bring the Loan current.
`funds until
`a reasonable
`time, Leader will
`either apply such funds or retum them to me.
`In the event of
`period
`of
`prior
`any unapplied
`funds will
`be applied
`principal
`balance immediately
`to the outstanding
`foreclosure,
`to foreclosure.
`have now or in the future against Lender will
`No offset
`or claim which
`I might
`relieve
`me from making
`due under
`the Note and this Security
`Instrument
`or keeping
`all of my other
`payments
`promises
`and agreements
`secured by this Security
`Instrument.
`2. Application
`Proceeds.
`of Borrower's
`Payments
`and
`Insurance
`or this Section
`2 requires
`Lender will
`apply each of my payments
`otherwise,
`order:
`following
`to pay interest due under
`the Note;
`First,
`to pay principal
`due under
`the Note;
`and
`Next,
`to pay the amounts
`due Lender
`under Section 3 of
`Next,
`Such payments will
`be applied
`to each Periodic
`Payment
`amounts will be applied
`as follows:
`Any
`remaining
`to pay any late charges;
`First,
`to pay any other arnounts due under
`this Security
`Next,
`to reduce the principal
`balance of
`the Note.
`Next,
`
`Unless Applicable
`that Lender accepts
`
`Law
`in the
`
`this Security
`in the order
`
`Instrument.
`in which
`
`it became due.
`
`Instrument;
`
`and
`
`If Lender
`a sufficient
`from me for a late Periodic Payment which
`receives a payment
`amount
`includes
`to pay any late charge due,
`and the late
`to the late Periodic Payment
`the payment may be applied
`charge.
`If more than one Periodic Payment
`is due, Lender may apply any payment
`received
`from me:
`to the repayment
`of
`the Periodic Payments
`that are due if, and to the extent
`that, each payment
`First,
`
`=
`
`me
`
`F
`
`08G016
`Page4of18
`
`NEWYORK-SingleFamily-FannieMaerFreddieMacUNIFORMINSTRUMENTWITHMERS
`VMP®
`WollersKluwerFinancialServices
`
`Book13741/Page3223
`
`Page
`
`5 of
`
`20
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`to the full
`can be paid in full; Next,
`is applied
`the payment
`to the extent
`that any excess exists after
`to any late charges due.
`such excess may be applied
`payment
`of one or more Periodic Payments,
`charges; and Next, as
`prepayments
`will be applied
`to any prepayment
`as follows:
`First,
`in the Note.
`
`Voluntary
`described
`
`due under
`to principal
`Proceeds
`or Miscellaneous
`of payments,
`Any application
`Insurance
`Proceeds,
`the Note will not extend or postpone
`or change the amount of
`the Periodic Payments
`the due date of
`those payments.
`
`Payments
`
`for Taxes
`
`and
`
`Insurance.
`
`3. Monthly
`to pay for
`pay to Lender
`Obligations.
`(A) Borrower's
`all amounts necessary
`I will
`taxes,
`leasehold
`payments
`assessments, water
`rents and other similar
`charges, ground
`sewer
`charges,
`(if any), and
`flood insurance
`rents (if any), hazard or property
`insurance
`the Property,
`covering
`10 in the place of
`or a Loss Reserve
`as described
`in Section
`any required Mortgage
`Insurance,
`include
`Payment will
`an amount
`to be applied
`toward
`payment
`Mortgage
`Insurance.
`Each Periodic
`"Escrow Items:"
`of
`the following
`items which
`are called
`1. The taxes, assessments, water
`charges, on the Property
`sewer
`rents and other similar
`charges,
`which
`under Applicable
`as a Lien on the
`Law may be superior
`Instrument
`to this Security
`Property. Any
`or charge that
`because an obligation
`claim, demand
`is made against property
`as a "Lien;"
`not been fulfilled
`is known
`2. The leasehold
`(if any);
`rents on the Property
`payments
`or ground
`3. The premium for any and all
`by Lender under Section 5 of
`required
`insurance
`Instrument;
`4. The premium for Mortgage
`(if any);
`Insurance
`5. The amount
`I may be required
`this Security
`10 of
`to pay Lender under Section
`instead of
`the payment
`Insurance
`(if any); and
`of
`the premium for Mortgage
`6. If required
`Dues, Fees, and
`the amount
`Association
`for any Community
`by Lender,
`Assessments.
`After
`as Escrow
`these amounts
`the Note, or at any time during
`its term, Lender may include
`signing
`estimate
`Items. The monthly
`of
`payment
`I will make for Escrow Items will be based on Lender's
`the annual amount
`required.
`
`or
`
`has
`
`this Security
`
`Instrument
`
`I do not have to do
`that
`on the same day that
`
`I will
`these amounts
`pay all of
`in writing,
`tells me,
`unless Lender
`to Lender
`so, or unless Applicable
`I will make these payments
`otherwise.
`Law requires
`my Periodic Payments
`of principal
`and interest are due under
`the Note.
`"Escrow
`that
`The amounts
`I pay to Lender
`this Section 3 will be called
`for Escrow Items under
`" I will
`Funds.
`pay Lender
`rny obligation
`the Escrow Funds for Escrow Items unless Lender waives
`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,
`the amounts
`I will pay directly, when and where payable,
`due for any Escrow Items for which
`of Escrow Funds has been waived
`by Lender
`payment
`and,
`if Lender
`requires, will promptly
`such payment within
`such time
`send to Lender
`receipts
`showing
`period
`receipts will
`and to provide
`as Lender may require. My obligation
`to make such payments
`be considered
`to be a promise
`as the phrase
`and agreement
`contained
`in this Security
`Instrument,
`and agreements"
`I am obligated
`to
`"promises
`is used in Section
`Instrument.
`If
`9 of
`this Security
`
`leFamily-FannieMeefFreddieMacUNIFORMINSTRUMENTWITHMERS
`VMPS
`WollersKluwerFinancialServices
`
`F
`
`011/2015
`Page5of18
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`Book13741/Page3224
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`Page
`
`6 of
`
`20
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`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`due for an Escrow
`to pay the amount
`and I fail
`pay Escrow Items directly,
`to a waiver,
`pursuant
`under Section 9 of
`this Security
`then be obligated
`Item, Lender may pay that amount
`and I will
`as to any or all Escrow Items at any
`Instrument
`to repay to Lender.
`Lender may revoke
`the waiver
`and, upon the
`Instrument
`time by a notice given in accordance with Section
`15 of
`this Security
`that are then required
`under
`I will pay to Lender
`all Escrow Funds, and in amounts,
`revocation,
`3.
`Section
`
`this
`
`to be paid.
`of Escrow Item amounts
`send to Lender
`I receive
`to promptly
`I promise
`that
`any notices
`I will
`have to pay by using
`estimate from time to time the amount
`of Escrow Funds
`Lender will
`have to pay for Escrow
`assessments
`and bills and reasonable
`the amount
`I will
`estimates of
`existing
`for determining
`to use another method
`in the future, unless Applicable
`Lender
`Items
`Law requires
`the amount
`I am to pay.
`
`Lender
`to permit
`sufficient
`and hold Escrow Funds in an amount
`Lender may, at any time,
`collect
`on
`Law puts limits
`to apply
`under RESPA. Applicable
`the Escrow Funds at the time specified
`and hold. This total amount
`the total amount
`can at any time collect
`of Escrow Funds Lender
`cannot be more than the maximum amount
`a lender could require
`under RESPA.
`If
`there is another
`can collect
`Law that
`on the total amount
`Lender
`Applicable
`of EscroxFunds
`a lower
`limit
`imposes
`and hold, Lender will be limited
`to the lower amount.
`in a savings or banking
`keep the Escrow Funds
`(B) Lender's
`Obligations.
`Lender will
`or entity, or in any
`institution
`which
`has its deposits
`insured by a federal agency,
`instrumentality,
`Lender may hold the
`Federal Home Loan Bank.
`is such a savings or banking
`If Lender
`institution,
`than the time
`Escrow Funds. Lender will
`use the Escrow Funds to pay the Escrow Items no later
`charge, an annual
`give to me, without
`allowed
`under RESPA or other Applicable
`Law. Lender will
`to and deductions
`from
`of
`the Escrow Funds. That accounting
`show all additions
`will
`accounting
`the Escrow Funds and the reason for each deduction.
`for using the Escrow Funds to
`Lender may not charge ine for holding
`the Escrow Funds,
`or keeping
`of Escrow Funds or for
`for making
`of my payment
`pay Escrow Items,
`a yearly
`analysis
`receiving,
`these
`Lender may charge me for
`or for verifying
`and totaling
`and bills. However,
`assessments
`to
`on the Escrow Funds and if Applicable
`Law permits
`Lender
`services
`if Lender pays me interest
`make such a charge. Lender will
`or earnings
`on the Escrow
`not be required
`to pay me any interest
`pay interest
`on the Escrow
`Funds unless either
`that Lender will
`(1) Lender
`and I agree in writing
`or (2) Applicable
`to pay interest on the Escrow Funds.
`Law requires
`Lender
`Funds,
`there is a limit
`to the Escrow
`(C) Adjustments
`Under Applicable
`Funds.
`Law,
`of Escrow Funds Lender may hold.
`of Escrow Funds held by Lender
`If
`the amount
`then there will be an excess amount
`to account
`and RESPA requires
`Lender
`limit,
`manner
`for
`the excess amount
`of Escrow Funds.
`
`on the amount
`exceeds this
`to me in a special
`
`of Escrow
`enough Escrow Funds to make the payments
`If, at any time, Lender has not
`received
`amount
`is
`that an additional
`Items when the payments
`are due, Lender may tell me in writing
`to pay the Escrow Items
`necessary.
`I will pay to Lender whatever
`additional
`amount
`is necessary
`not be more than 12.
`when the payments
`are due, but
`of payments will
`the number
`to me any Escrow Funds
`I have paid all of
`When
`the Sums Secured, Lender will promptly
`that are then being held by Lender.
`pay all
`I will
`and Claims.
`4. Borrower's
`Assessments
`Obligation
`to Pay Charges,
`taxes,
`charges, and any other charges and fines
`assessments, water charges,
`rents and other similar
`sewer
`
`refund
`
`NEWYORK-SingleFarnily-FannieMae/FreddieMacUNIFORMINSTRUMENTWITHMERS
`VMP®
`WaltersKluwerFinancialServices
`
`F
`
`08/2015
`Page6 of18
`
`Book13741/Page3225
`
`Page
`
`7 of
`
`20
`
`....
`
`. ..
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2023 12:19 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 805976/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`I will
`also
`Instrument.
`to this Security
`and that may be superior
`on the Property
`that may be imposed
`and Community
`I am a tenant on the Property
`make ground rents or payments
`due under my lease if
`these items are Escrow Items,
`(if any) due on the Property.
`If
`Association
`Dues, Fees, and Assessrnents
`Instmment.
`In this
`I will
`do this by making
`the payments
`in Section
`3 of
`this Security
`as described
`"Person" means any individual,
`governmental
`the word
`organization,
`authority
`Instrument,
`Security
`other party.
`
`or
`
`to this Security
`that may be superi