FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`Preparedby.JUSTINA.MALCOLM
`
`Mumstate
`
`LOAN #:
`
`NOVEMBER 23,
`[Datel
`
`2007
`
`NOTE
`
`FHACaseNo.
`
`4225 ROBIN LN, HAMBURG, NY 14075-1212
`[PropertyAddress]
`
`I. PARTIES
`"Borrower" means each person signing at the end of this Note, and the person's successorsand assigns. "Lender" means
`Countrywide
`FSB.
`Bank,
`and its successorsand assigns.
`
`INTEREST
`2. BORROWER'S PROMISE TO PAYt
`in return for a loan received from Lender, Borrower promisesto pay the principal sum of
`NINETY SIX THOUSAND-FOUR HUNDRED TWENTY FIVE and 00/100
`
`Dollars (U.S S 96, 425.00
`), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
`from the date of disbursement of the loan proceeds by Lender, at the rate of SIX & FIVE-EIGHTHS
`6 . 625 %) per year until the fun amount of principal hasbeen paid.
`percent (
`
`3. PROMISE TO PAY SECURED
`Borrower's promise to pay is securedby a mortgage, deed of trust or similar security instrument that is dated the samedate
`Instrument," The Security Instrument protects the Lender from losseswhich might result if
`as this Note and called the "Security
`Borrower defaults under this Note.
`
`4. MANNER OF PAYMENT
`(A) Time
`Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
`Any principal and interest remaining on the first day of DECEMBER, 2037
`, will be due on
`2008
`JANUARY 01,
`Date."
`that date, which is called the "Maturity
`(B) Place
`Paymentshall be madeat
`TX 75266-0694
`P.O. Box 660694,
`Dallas,
`or at such place as Lender may designatein writing by notice to Borrower.
`(C) Amount
`. This amount will be
`Each monthly payment of principal and interest will be in the amount of U.S. S 617. 42
`part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in
`the order described in the Security Instrument.
`(D) Allonge to this Note for payment adjustments
`If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
`allonge shall be incorporated into and shall amend and supplement the covenangsof this Note as if the allonge were a part of this
`Note. [Check applicable box]
`
`Graduated PaymentAllonge
`
`Growing Equity Allonge
`
`Other [specify]
`
`5. BORROWER'S RIGilT TO PREPAY
`Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day
`of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the
`remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
`partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
`writing to thosechanges.
`
`-1R(a303)
`
`CHL(12/04)(d)
`
`Page1of2
`VMPMortgageSolutions.Inc.
`(800)521-7291
`
`FilA MultislateFixedRaleNote-10/95
`Initiek
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`CASE # :
`6. BORROWER'S FAILURE TO PAY
`(A) Late Charge for Overdue Payments
`If Lender has not received the fult monthly payment required by the Security Instrument, as described in Paragraph4(C) of
`is due, Lender may collect a Inte charge in the
`this Note, by the end of
`fifteen calendar days after
`the payment
`4 . 000 %) of
`amount of FOUR
`percent(
`the overdue amount of each payment .
`
`LOAN # :
`
`(B) Default
`If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the
`the principal balance remaining due and all
`Secretary in the case of payment defaults, require immediate payment in full of
`accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequentdefault.
`in the
`limit Lenders rights to require immediate payment in full
`In many circumstancesregulations issued by the Secretary will
`case of payment defaults. This Note does not authorize acceleration when not permitted b'y HUD regulations. As used in this
`"Secretary" meansthe Secretaryof Housing and Urban Development or his of her designec.
`Note,
`(C) Payment of Costs and Expenses
`)f Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
`attorneys' fees for enforcing this Note to the extent not prohibited by applicable
`expensesincluding reasonableand customary
`law. Such feesand costsshall bear interest from the date of disbursementat the samerate as the principal of this Note.
`
`7. WAIVERS
`Borrower and any other person who has obligations under this Note waive the rights of presentmentand notice of dishonor.
`"Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to
`require I ender to give notice to other personsthat amounts due have not beenpaid.
`
`8. GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
`by delivering it or by mailing it by first class mail to Borrower at the property addressabove or at a different addressif Borrower
`hasgiven Lender a notice of Borrower's different address.
`Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the addressstated in
`Paragraph4(B) or at a different addressif Borrower is given a notice of that different address.
`
`9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one personsigns this Note, each person is fully and personally obligated to keep all of the promisesmade in this
`Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
`including the obligations of a guarantor, surety or
`obligated to do these things. Any person who takes over these obligations,
`endorserof this Note, is also obligated to keepall of the promisesmade in this Note. Lender may enforce its rights under this Note
`against eachperson individually or against all signatories together. Any one personsigning this Note may be required to pay all of
`the amountsowed under this Note.
`
`COUNTRYWIDE
`
`HOME LOA
`
`E
`ING LP
`wmrE RECOURSE
`COUMMDE BANX,M
`
`WITHOUT RECOURSE
`COUNTRYWlDE HOME LOANS SERVICING LP
`
`avanssa
`sunoR vicURESDENI
`
`MICHELE SJOLAN DER
`EXECUTIVE VICE PRESIDENT
`
`BY SIGNING BELOW, Borrower acceptsand agreesto the terms and covenantscontained in t%isNote.
`
`THoMASE. JoHNSON
`
`ITH M. JOHNSON
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Scal)
`-Bonower
`
`(Scal)
`-Borrower
`
`1R(o303)
`
`CHL02/04)
`
`Page2 of2
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`PAY TO THE ORDER
`
`OF
`
`WITHOUT
`PENNYMAC
`
`RECOURSE
`LOAN
`
`SERVICES,
`
`LLC
`
`BY
`
`Morales
`
`Angie
`Authorized
`
`Representative
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`COVER SHEET REV 02-14-06
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`ERIE
`
`COUNTY
`
`CLERKS
`
`OFFICE
`
`Clerk's
`
`Recording
`
`Page
`
`County
`Retum
`
`TO:
`
`E
`
`LINK
`SERVICE
`400 CORPORATION
`PA 15001
`ALIQUIPPA
`
`DR
`
`1:
`Party
`JOHNSON
`
`THOMAS
`
`E
`
`2:
`
`Party
`COUNTRYWIDE
`
`BANK FSB
`
`Fees:
`
`Recording
`RECORDING
`COE COUNTY
`BASIC
`ADDL
`NFTA MT
`COE STATE
`COE STATE
`
`GENERAL
`RM
`
`Book:
`
`13384
`
`Page:
`
`1695
`
`Page Count:
`
`8
`
`Doc Type: MTG 1-2 BANK
`
`Rec Date:
`
`12/11/2007
`
`Rec
`
`Time:
`
`Control
`
`02:27:14
`#: 2007263920
`
`PM
`
`User
`
`ID:
`
`francine
`
`Trans
`
`Num:
`
`454423
`
`DEED SEQ:
`MTG SEQ: MTCY2007027356
`UCC:
`
`SCAR:
`
`INDEX:
`
`$41.00
`1.00
`$482.00
`$216.00
`$241.00
`$14.25
`$4.75
`
`Consideration
`
`Amount:
`
`$96,425.00
`
`BASIC
`SONYMA
`
`ADDL
`NFTA MT
`TRANSFER
`
`NFTA
`
`TT
`
`$482.00
`
`$0.00
`
`$216.00
`
`$24t00
`
`$0.00
`
`$0.00
`
`Total:
`
`$1,000.00
`
`STATE OF NEW YORK
`CLERK'S
`ERIE COUNTY
`
`OFFICE
`
`- THIS SHEET CONSTITUTES
`THE CLERK'S
`WARNING
`ENDORSEMENT,
`BY SECTIONS
`REQUIRED
`(5) OF THE REAL PROPERTY
`319&316-a
`LAW
`OF THE STATE OF NEW YORK.
`THIS IS NOT A BILL.
`DO NOT DETACH.
`
`Kathleen
`County
`
`C. Hochul
`Clerk
`
`Book13384/Page1695
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`ARE
`THE
`PREMISES
`FAMILY
`RESIDENCE
`
`OR ARE
`IMPROVED
`OR DWELLING
`ONLY.
`
`TO BE
`
`IMPROVED
`
`BY A ONE OR TWO
`
`Title
`
`Chicago
`ServiceLink
`1Jivision
`400 Corporation
`Dr
`PA 15001
`
`Aliquippa,
`
`Prepared
`JUSTIN
`
`By:
`A. MALCOLM
`
`[SpaceAboveThisLineForRecordingDatal
`
`State of New York
`
`MORTGAGE
`
`MIN
`
`THIS MORTGAGE
`E JOHNSON,
`THOMAS
`
`is given
`Instrument")
`("Security
`AND
`JUDITH
`M JOHNSON
`
`on
`
`NOVEMBER
`
`23,
`
`2007
`
`. The Mortgagor
`
`is
`
`is
`address
`whose
`14075-1212
`NY
`ROBIN
`4225
`HAMBURG,
`LN,
`Inc.
`Registration
`Electronic
`to Mortgage
`is given
`Instrument
`This Security
`("Borrower").
`("MERS"),
`Systems,
`and Lender's
`as mortgagee. MERS
`as hereinafter
`and assigns),
`successors
`is
`as nominee
`for Lender,
`defined,
`(solely
`number
`under
`the laws of Delaware,
`and has an address
`and telephone
`of P.O. Box 2026,
`organized
`and existing
`MERS
`FOR PURPOSES
`OF RECORDING
`Flint, MI 48501-2026,
`tel.
`679-MERS.
`THIS MORTGAGE,
`(888)
`IS THE MORTGAGEE
`OF RECORD.
`Countrywide
`FSB.
`Bank,
`is organized
`and existing
`("Lender")
`North
`Fairfax
`St.
`1199
`Borrower
`owes Lender
`the principal
`FOUR
`NINETY
`SIX
`THOUSAND
`
`,
`
`,
`
`, and has an address of
`
`THE UNITED
`STATES
`the lawsof
`VA 22314
`Alexandria,
`
`under
`Ste.500,
`sum of
`HUNDRED
`
`TWENTY
`
`FIVE
`
`and
`
`00/100
`
`Dollars
`
`). This
`provides
`
`dated
`00
`425.
`the same date as this
`by Borrower's
`is evidenced
`debt
`note
`(U.S. $ 95,
`if not paid earlier,
`due and
`the full
`with
`for monthly
`which
`Instrument
`debt,
`payments,
`("Note"),
`Security
`the repayment
`of
`secures
`2037
`to Lender:
`the
`Instrument
`DECEMBER
`. This Security
`on
`payable
`01,
`(a)
`and modifications
`of
`the Note;
`the
`extensions
`and all
`by the Note, with
`debt
`evidenced
`renewals,
`(b)
`interest,
`of
`this Security
`under
`paragraph
`the
`7 to protect
`advanced
`sums, with
`of all other
`payment
`interest,
`security
`and agreements
`under
`this Security
`Instrument
`and the
`covenants
`of Borrower's
`the performance
`and (c)
`Instrument;
`grant
`as nominee
`for Lender
`and convey
`to MERS
`Borrower
`does hereby mortgage,
`Note. For
`this purpose,
`(solely
`and assigns
`of MERS,
`the following
`described
`and to the successors
`and Lender's
`successors
`and assigns)
`property
`
`Section:
`
`Block:
`
`Lot:
`
`Unit:
`
`FHA New York Mortgage with MERS - 4/96
`CHL (09/05)(d)
`
`-4N(NY)
`
`(0506)
`
`Page 1 of 6
`VMP Mortgage Solutions, inc. (800)521-7291
`
`Amended
`
`2/01
`
`Book13384/Page1696
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`#:
`CASE
`in
`ERIE
`located
`SEE EXHIBIT
`
`"A"
`
`ATTACHED
`
`HERETO
`
`County,
`AND MADE A PART
`
`#:
`
`DOC ID
`New York:
`HEREOF.
`
`which
`
`has the address
`
`of
`
`4225
`
`ROBIN
`
`LN,
`[Street,City]
`
`HAMBURGl
`
`,
`
`New York
`
`14075
`-1212("Property
`[ZipCode]
`
`Address");
`
`and has the right
`conveyed
`for encumbrances
`of
`except
`all claims
`subject
`and demands,
`
`and all
`on the
`erected
`now or hereafter
`improvements
`the
`all
`WITH
`TOGETHER
`easements,
`property,
`and additions
`shall
`also be
`All
`replacements
`now or hereafter
`a part of
`the property.
`and fixtures
`appurtenances
`as the "Property."
`Instrument
`to in this Security
`All of
`is referred
`Instrument.
`by this Security
`the foregoing
`covered
`in this
`by Borrower
`legal
`title
`to the interests
`granted
`Borrower
`understands
`and agrees
`that MERS
`holds
`only
`(as nominee
`to comply
`with
`law or custom, MERS,
`for Lender
`and Lender's
`if necessary
`Instrument;
`but,
`Security
`to exercise
`any or all of
`those interests,
`but not
`limited
`the right
`successom and assigns),
`has the right:
`including,
`to,
`and to take any action
`of Lender
`to foreclose
`and sell
`the Property;
`required
`but not
`limited
`including,
`to,
`releasing
`this Security
`Instrument.
`or canceling
`BORROWER COVENANTS
`the estate hereby
`seized of
`is lawfully
`that Borrower
`is unencumbered,
`the Property
`and that
`the Property
`to mortgage,
`and convey
`grant
`the title to the Property
`against
`record. Borrower
`warrants
`and will
`defend
`generally
`to any encumbrances
`of
`record.
`INSTRUMENT
`THIS
`SECURITY
`by jurisdiction
`variations
`limited
`Borrower
`and Lender
`covenant
`UNIFORM
`COVENANTS.
`shall
`Borrower
`Late Charge.
`1. Payment
`of Principal,
`and
`Interest
`the Note.
`due under
`by the Note and late charges
`the debt evidenced
`interest
`on,
`in each monthly
`shall
`Borrower
`include
`Charges.
`and Other
`of Taxes,
`Insurance
`2. Monthly
`Payment
`taxes
`a sum for
`forth
`in the Note
`and any late charges,
`the principal
`as set
`together
`with
`and interest
`(a)
`payment,
`the Property,
`leasehold
`payments
`or ground
`rents on the
`and special
`assessments
`or
`against
`to be levied
`levied
`(b)
`under paragraph
`4.
`In any year
`in which
`the Lender must pay a
`and (c) premiums
`for
`insurance
`required
`Property,
`or
`in
`in any year
`to the Secretary
`and Urban Development
`of Housing
`premium
`mortgage
`insurance
`("Secretary"),
`each monthly
`payment
`if Lender
`still held the Security
`have been required
`which
`such premium would
`Instrument,
`by Lender
`to the
`to be paid
`insurance
`premium
`the annual mortgage
`either:
`a sum for
`shall
`also
`include
`(i)
`is held by
`premium
`if
`this Security
`Instrument
`chage
`insurance
`of a mortgage
`instead
`or
`a monthly
`Secretary,
`(ii)
`charge
`by the
`by the Secretary.
`for
`the monthly
`in a reasonable
`to be determined
`Except
`the Secretary,
`amount
`Funds."
`Items"
`are called
`"Escrow
`and the sums paid to Lender
`"Escrow
`these items are called
`Secretary,
`to exceed the
`not
`for Escrow Items
`in an aggregate
`and hold amounts
`amount
`Lender may, at any time,
`collect
`Procedures
`under
`escrow account
`the Real Estate Settlement
`for Borrower's
`maximum
`amount
`that may be required
`24 CFR Part 3500,
`as they may be
`et seq. and implementing
`12 U.S.C.
`Section
`2601
`of 1974,
`Act
`regulations,
`or
`reserve
`by RESPA
`for unanticipated
`the cushion
`permitted
`from time
`to time
`except
`that
`amended
`("RESPA"),
`in the account may not be based on
`the Borrower's
`payments
`are available
`or disbursements
`before
`disbumements
`insurance
`premium.
`amounts
`due for
`the mortgage
`Lender
`to be held by RESPA,
`Items exceed the amounts
`permitted
`for Escrow
`held by Lender
`the amounts
`If
`at
`of
`funds
`the amounts
`held by Lender
`If
`as required
`by RESPA.
`to Borrower
`for
`the excess
`funds
`account
`shall
`the Borrower
`and require
`Items when
`due, Lender may
`the Escrow
`time
`are not
`to pay
`sufficient
`notify
`any
`by RESPA.
`to make up the shortage
`as permitted
`Borrower
`If
`Instrument.
`by this Security
`secured
`sums
`for all
`as additional
`The Escrow
`Funds
`are pledged
`security
`shall be credited with the balance
`account
`of all such sums, Borrower's
`tenders
`to Lender
`payment
`the full
`Borrower
`that Lender
`premium
`installment
`insurance
`(b), and (c) and any mortgage
`items
`for all
`installment
`(a),
`remaining
`funds
`to Borrower.
`any excess
`refund
`and Lender
`shall promptly
`to pay to the Secretary,
`obligated
`has not become
`Borrower's
`account
`shall be
`its acquisition
`or
`sale of
`the Property
`prior
`to a foreclosure
`by Lender,
`Immediately
`(b), and (c).
`for
`items (a),
`for all
`installments
`any balance
`credited with
`remaining
`1 and 2 shall be applied
`All payments
`under paragraphs
`of Payments.
`3. Application
`or
`to the Secretary
`to be paid by Lender
`premium
`insurance
`to the mortgage
`mt,
`mortgage
`insurance
`of
`the monthly
`the Secretary
`instead
`premium;
`payments
`leasehold
`special
`to any
`assessments,
`taxes,
`Second,
`as required;
`insurance
`premiums,
`
`with
`
`covenants
`uniform
`combines
`a uniform security
`to constitute
`and agree as follows:
`
`for national
`instrument
`
`use and non-uniform
`real property.
`covering
`
`covenants
`
`pay when
`
`due the principal
`
`of, and
`
`as follows:
`by Lender
`charge
`to the monthly
`
`by
`
`or ground
`
`rents,
`
`and fire,
`
`flood
`
`and other
`
`hazard
`
`-4N(NY)
`
`(o506)
`
`CHL (09/05)
`
`Page 2 of 6
`
`Book13384/Page1697
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`of
`
`the Note;
`
`and
`
`foreclosure
`title
`right,
`
`this Security
`of
`and interest
`
`Instrument
`of Borrower
`
`transfer
`or other
`of
`in and to insurance
`
`title to the Property
`policies
`in force
`
`that extinguishes
`shall
`pass to the
`
`will
`
`with
`
`the principal
`of
`to amortization
`Fourth,
`due under
`the Note.
`to late charges
`Fjfth,
`on the Property,
`improvements
`all
`insure
`shall
`Borrower
`Flood
`and Other
`Hazard
`Insurance.
`4. Fire,
`and contingencies,
`against
`whether
`now in existence
`or subsequently
`fire,
`casualties,
`any hazards,
`erected,
`including
`the periods
`that
`requires
`insurance.
`insurance
`shall
`be maintained
`in the amounts
`and for
`for which
`Lender
`This
`all
`improvements
`on the Property,
`whether
`now in existence
`or
`Lender
`requires.
`Borrower
`shall
`also
`insure
`All
`insurance
`shall be carried
`against
`loss by floods
`to the extent
`required
`by the Secretary.
`erected,
`subsequently
`The insurance
`policies
`and any renewals
`shall
`be held by Lender
`and shall
`with
`companies
`approved
`by Lender.
`of, and in a form acceptable
`to, Lender.
`include
`loss payable
`clauses
`in favor
`loss if
`Lender may make proof
`loss, Borrower
`shall give Lender
`immediate
`notice
`by mail.
`of
`In the event of
`to make
`authorized
`and directed
`by Borrower.
`Each
`insurance
`concerned
`is hereby
`not made promptly
`company
`the
`jointly.
`All
`or any part of
`to Borrower
`and to Lender
`for
`such loss directly
`to Lender,
`instead
`of
`payment
`the indebtedness
`under
`the
`either
`to the reduction
`at
`its option,
`of
`proceeds may be applied
`insurance
`by Lender,
`(a)
`first
`to any delinquent
`amounts
`applied
`in the order
`in paragraph
`3, and then to
`Note
`and this Security
`Instrument,
`to the restoration
`or repair
`the damaged
`Property.
`application
`of
`the proceeds
`or
`of
`prepayment
`of principal,
`Any
`(b)
`the due date of
`the monthly
`payments
`which
`are referred
`to in
`to the principal
`shall
`extend
`or postpone
`not
`over an amount
`the amount
`of such payments.
`excess
`insumnce
`proceeds
`required
`to
`paragraph
`2, or change
`Any
`indebtedness
`under
`the Note
`and this Security
`shall
`be paid
`to the en1:ity legally
`pay all outstanding
`Instrument
`thereto.
`entitled
`In the event of
`all
`the indebtedness,
`purchaser.
`Loan
`of
`Protection
`Borrower's
`the
`and
`Maintenance
`5. Occupancy,
`Property;
`Preservation,
`residence
`principal
`as Borrower's
`and use the Property
`shall occupy,
`Borrower
`Leaseholds.
`establish,
`Application;
`the
`days of a later sale or transfer
`(or within
`this Security
`of
`Instrument
`of
`within
`the execution
`days after
`sixty
`sixty
`principal
`residence
`for at
`least one year after
`the
`as Borrower's
`the Property
`and shall
`continue
`to occupy
`Property)
`cause undue
`or unless
`for Borrower,
`requirement
`unless
`Lender
`determines
`that
`date of occupancy,
`hardship
`Lender
`control.
`Borrower
`shall
`of
`circumstances
`exist which
`are beyond
`Borrower's
`notify
`any
`extenuating
`or destroy,
`damage
`or
`change
`the
`Borrower
`shall
`waste
`circumstances.
`not
`commit
`substantially
`extenuating
`reasonable
`wear and tear excepted.
`Lender may
`the Property
`or allow the Property
`to deteriorate,
`inspect
`if
`Property
`Lender may take reasonable
`to protect
`or abandoned
`or
`the loan
`is in default.
`action
`and
`the Property
`is vacant
`Borrower
`shall
`also
`be in default
`if Borrower,
`the loan
`preserve
`such
`or abandoned
`Property.
`vacant
`during
`false or
`inaccurate
`or statements
`to Lender
`(or
`failed
`to provide
`gave materially
`information
`application
`process,
`in connection
`with the loan evidenced
`by the Note,
`but not
`limited
`Lender with
`any material
`including,
`information)
`as a principal
`residence.
`this Security
`representations
`Borrower's
`of
`the Property
`If
`to,
`occupancy
`concerning
`the lease.
`If Borrower
`acquires
`fee title
`Borrower
`shall
`with
`the provisions
`of
`Instrument
`is on a leasehold,
`comply
`shall not be merged
`unless Lender
`agrees to the merger
`in writing.
`to the Property,
`the leasehold
`and fee title
`in connection
`or claim for damages,
`direct
`or consequential,
`The proceeds
`of any award
`6. Condemnation.
`for conveyance
`in place of condemnation,
`are
`of any part of
`or
`the Property,
`or other
`any condemnation
`taking
`the indebtedness
`remains
`unpaid
`to the extent
`the full amount
`that
`and shall be paid to Lender
`of
`of
`assigned
`hereby
`such proceeds
`to the reduction
`of
`the indebtedness
`Instrument.
`Lender
`shall apply
`under
`the Note
`and this Security
`in
`in the order
`provided
`to any delinquent
`amounts
`applied
`the Note
`and this Security
`first
`under
`Instrument,
`the proceeds
`to the principal
`shall not extend
`of principal.
`application
`3, and then to prepayment
`of
`paragraph
`Any
`2, or change
`the amount
`of
`which
`are referred
`to in paragraph
`the monthly
`or postpone
`the due date of
`payments,
`indebtedness
`under
`the Note
`required
`to pay all outstanding
`excess proceeds
`over
`an amount
`such payments.
`Any
`thereto.
`shall be paid to the entity
`entitled
`and this Security
`Instrument
`legally
`all
`shall
`Borrower
`Protection
`of Lender's
`Rights
`in the Property.
`7. Charges
`to Borrower
`and
`pay
`shall pay
`2. Borrower
`in paragraph
`fines and impositions
`that are not
`included
`or municipal
`governmental
`charges,
`affect
`is owed the payment.
`If
`failure
`to pay would
`to the entity which
`on time directly
`these obligations
`advemely
`to Lender
`receipts
`Borrower
`shall
`furnish
`Lender's
`request
`in the Property,
`upon
`Lender's
`interest
`promptly
`these payments.
`evidencing
`to perform any
`fails
`2, or
`by paragraph
`required
`the payments
`or
`these payments
`fails
`to make
`If Borrower
`is a legal
`that may
`or
`there
`contained
`in this Security
`and agreements
`covenants
`other
`Instrument,
`proceeding
`condemnation
`or
`to
`for
`in bankruptcy,
`in the Property
`(such
`as a proceeding
`Lender's
`rights
`affect
`significantly
`the Property
`to protect
`is necessary
`the value of
`then Lender may do and pay whatever
`enforce
`laws or
`regulations),
`in
`and other
`items mentioned
`of
`hazard
`insurance
`payment
`rights
`in the Property,
`and Lender's
`taxes,
`including
`paragraph
`2.
`debt of Borrower
`an additional
`shall become
`this paragraph
`under
`by Lender
`disbursed
`amounts
`Any
`at
`from the date of disbursement,
`interest
`amounts
`shall
`bear
`Instrument.
`These
`by this Security
`secured
`due and payable.
`shall be immediately
`rate, and at the option
`of Lender,
`Instrument
`this Security
`over
`any lien which
`has priority
`discharge
`Borrower
`shall promptly
`acceptable
`in a manner
`by the lien
`the obligation
`secured
`to the payment
`of
`(a) agrees
`in writing
`proceedings
`the lien
`legal
`by, or defends
`enforcement
`of
`against
`in good
`faith
`the lien
`in,
`contests
`from the holder
`or
`secures
`the enforcement
`the lien;
`to prevent
`opinion
`operate
`of
`Lender's
`(c)
`
`and be
`the Note
`
`unless Borrower:
`to Lender;
`(b)
`which
`in the
`the lien
`an
`of
`
`-4N(NY)
`
`(o500)
`
`CHL (09/05)
`
`Page 3 of 6
`
`Book13384/Page1698
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`determines
`that any
`Lender may give
`the actions
`set
`forth
`
`authorized
`
`by the Secretary.
`
`the lien to this Security
`to Lender
`If Lender
`Instrument.
`agreement
`subordinating
`satisfactory
`this Security
`to a lien which may attain
`part of
`is subject
`over
`the Property
`Instrument,
`priority
`shall
`the lien. Borrower
`Borrower
`a notice
`the lien or
`take one or more
`of
`satisfy
`identifying
`of notice.
`above within
`10 days of
`the giving
`fees and charges
`8. Fees. Lender may collect
`for Acceleration
`of Debt
`9. Grounds
`issued
`by regulations
`Lender may,
`except
`as limited
`in the case of payment
`(a) Default.
`by the Secretary,
`payment
`in full of all sums secured by this Security
`Instrument
`require
`immediate
`if:
`defaults,
`(i) Borrower
`defaults
`to pay in full any monthly
`by this Security
`payment
`required
`by failing
`the next monthly
`prior
`to or on the due date of
`payment,
`(ii) Borrower
`defaults
`for a period
`of
`by failing,
`thirty
`in this Security
`Instrument.
`Credit
`Approval.
`(b) Sale Without
`Germain
`the Garn-St.
`of
`approval
`of
`the Secretary,
`if:
`
`or
`days,
`
`to perform any other obligations
`
`contained
`
`Instrument
`
`law (including
`Lender
`Section
`by applicable
`if permitted
`shall,
`341(d)
`12 U.S.C.
`and with
`the prior
`Act
`of
`Institutions
`1982,
`1701j-3(d))
`Depository
`payment
`in full of all sums secured
`require
`immediate
`by this Security
`Instrument
`
`all or part of
`
`the Property,
`
`is sold
`
`or
`residence,
`been
`approved
`
`the
`in
`
`this
`
`interest
`or a beneficial
`the Property,
`or part of
`(i) All
`in a trust owning
`or descent),
`than by devise
`or otherwise
`transferred
`(other
`and
`is not occupied
`as his or her principal
`by the purchaser
`or grantee
`(ii) The Property
`does
`has not
`purchaser
`or grantee
`so occupy
`the Property
`but his or her ensdit
`with the requirements
`accordance
`the Secretary.
`of
`(c) No Waiver.
`If circumstances
`to require
`Lender
`occur
`that would
`permit
`but
`in full,
`payment
`immediate
`does not waive
`respect
`its rights with
`Lender
`does not
`require
`such payments,
`events.
`to subsequent
`Lender
`of HUD Secretary.
`In many
`circumstances
`regulations
`will
`(d) Regulations
`issued
`limit
`by the Secretary
`Lender's
`in the case of payment
`to require
`immediate
`payment
`in full
`and foreclose
`if not
`rights,
`defaults,
`paid. This Security
`Instrument
`acceleration
`or
`if not permitted
`does not authorize
`by regulations
`foreclosure
`of
`the Secretary.
`if
`that
`agrees
`Insured.
`Not
`Instrument
`Barrower
`are not
`the Note
`and
`(e) Mortgage
`Security
`Act within
`for
`60 days from the date hereof,
`under
`the National
`insurance
`to be eligible
`determined
`Housing
`payment
`in full of all sums secured
`Lender may, at
`its option,
`require
`immediate
`Instrument.
`by this Security
`A written
`statement
`of any authorized
`agent of
`the Secretary
`subsequent
`to 60 days
`dated
`from the date
`to insure
`shall be deemed
`this Security
`Instrument
`and the Note,
`of such
`conclusive
`proof
`hereof,
`declining
`this
`option
`not
`exercised
`be
`Lender
`when
`ineligibility.
`the
`the
`foregoing,
`Notwithstanding
`may
`by
`is solely
`to remit
`of
`insurance
`due to Lender's
`premium to the
`failure
`a mortgage
`insurance
`unavailability
`Secretary.
`has required
`if Lender
`Borrower
`10. Reinstatement.
`in full
`payment
`to be reinstated
`has a right
`immediate
`to pay an amount
`of Borrower's
`or
`the Note
`due under
`this Security
`applies
`This
`right
`Instrument.
`failure
`because
`proceedings
`even after
`shall
`tender
`in a
`To reinstate
`Borrower
`are instituted.
`foreclosure
`the Security
`Instrument,
`account
`to the extent
`required
`to bring Borrower's
`sum all amounts
`they are obligations
`of
`current
`including,
`lump
`attomeys'
`foreclosure
`costs
`Borrower
`under
`this
`and reasonable
`and customary
`fees and
`Instrument,
`Security
`expenses
`with
`associated
`the
`foreclosure
`proceeding.
`Upon
`reinstatement
`this Security
`by Borrower,
`properly
`remain
`in effect
`that
`obligations
`as if Lender
`had not
`it secures
`shall
`instrument
`and the
`required
`immediate
`is not
`Lender
`required
`to permit
`(i) Lender
`has accepted
`reinstatement
`if:
`reinstatement
`payment
`in full. However,
`proceedings
`within
`two years immediately
`the commencement
`after
`foreclosure
`the commencement
`of
`preceding
`will
`a current
`foreclosure
`on different
`grounds
`in the future,
`foreclosure
`reinstatement
`preclude
`proceeding,
`(ii)
`will
`the lien created by this Security
`affect
`of
`reinstatement
`Instrument.
`the priority
`(iii)
`adversely
`By Lender
`Extension
`or
`of payment
`11. Borrower
`Not Released;
`Not a Waiver.
`of
`the time
`Forbearance
`by this Security
`in
`to any successor
`by Lender
`of amortization
`the sums secured
`InstrHnent
`granted
`modification
`of
`Borrower
`or Borrower's
`in
`of Borrower
`shall
`not operate
`of
`successor
`interest
`to release
`the liability
`the original
`proceedings
`interest.
`shall not be required
`against
`any successor
`in interest
`or refuse to extend
`Lender
`to commence
`by reason of
`for payment
`amortization
`the sums secured
`by this Security
`time
`or otherwise
`Instrument
`of
`modify
`by the original
`in
`by Lender
`Barrower
`or Borrower's
`successors
`in interest.
`any demand made
`forbearance
`Any
`of any right or remedy.
`or
`shall not be a waiver
`of or preclude
`the exercise
`any right
`remedy
`exercising
`and
`Joint
`and
`Several
`covenants
`12. Successors
`and
`Assigns
`Co-Signers.
`The
`Bound;
`Liability;
`the successors
`and assigns
`of Lender
`and Borrower,
`agreements
`this Security
`Instrument
`shall
`bind
`and benefit
`of
`and several. Any
`9(b). Barrower's
`and agreements
`shall
`be joint
`subject
`to the provisions
`covenants
`of paragraph
`the Note:
`is co-signing
`this Security
`but does not execute
`Instrument
`Borrower
`who
`co-signs
`this Security
`(a)
`this
`in the Property
`under
`the terms
`of
`and convey
`that Borrower's
`interest
`grant
`Instrument
`to mortgage,
`only
`by this Security
`to pay the sums
`secured
`and (c)
`is not personally
`obligated
`Instrument;
`Instrument;
`(b)
`Security
`or make any accommodations
`with
`forbear
`and any other Borrower
`may agree to extend, modify,
`agrees that Lender
`that Borrower's
`or the Note without
`consent.
`regard to the terms of
`Instrument
`this Security
`it or
`Instrument
`shall be given
`for
`in this Security
`to Borrower
`provided
`Any notice
`13. Notices.
`by delivering
`shall be directed
`law requires
`use of another method.
`to
`The notice
`class mail unless
`applicable
`it by first
`by mailing
`to Lender
`shall be
`notice
`address Borrower
`designates
`to Lender.
`by notice
`or any other
`Address
`the Property
`Any
`to Borrower.
`designates
`stated herein
`or any address Lender
`by notice
`class mail
`to Lender's
`address
`given
`by first
`to Borrower
`or Lender
`to have been given
`be deemed
`in this Security
`Instrument
`shall
`provided
`for
`notice
`Any
`when given
`in this paragraph.
`as provided
`
`of
`or
`
`-4N(NY)
`
`(a506)
`
`CHL (09/05)
`
`Page 4 at 6
`
`Book13384/Page1699
`
`

`

`FILED: ERIE COUNTY CLERK 07/27/2022 02:37 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 808754/2022
`
`RECEIVED NYSCEF: 07/27/2022
`
`.
`
`one conformed
`
`copy
`
`of
`
`the Note
`
`and of
`
`this Security
`
`law and the law of
`by Federal
`shall
`be governed
`Instrument
`This Security
`Severability.
`14. Governing
`Law;
`that any provision
`Instrument
`or clause of
`is located.
`In the event
`this Security
`in which
`the jurisdiction
`the Property
`such conflict
`shall not affect
`other provisions
`this Security
`Instrument
`or the Note
`conflicts
`with
`applicable
`of
`law,
`To this end the provisions
`this Security
`or the Note which
`can be given
`effect without
`the conflicting
`provision.
`of
`are declared
`to be severable.
`Instrument
`and the Note
`Borrower
`shall
`be given
`15. Borrower's
`Copy.
`Instrument.
`or release
`the presence,
`shall not cause or permit
`Borrower
`Substances.
`16. Hazardous
`storage,
`use, disposal,
`not do, nor allow anyone
`else to do, anything
`Borrower
`shall
`Substances
`on or
`in the Property.
`of any Hazardous
`two sentences
`is in violation
`of any Environmental
`Law. The preceding
`to
`shall not apply
`that
`the Property
`affecting
`small
`quantities
`of Hazardous
`Substances
`that
`are generally
`use, or storage
`on the Property
`of
`the presence,
`of
`the Property.
`to be appropriate
`to normal
`residential
`uses and to maintenance
`recognized
`or other
`lawsuit
`written
`Borrower
`shall
`give
`Lender
`of any
`notice
`demand,
`investigation,
`claim,
`promptly
`governmental
`or
`or private
`the Property
`and any Hazardous
`action
`party
`involving
`agency
`by any
`regulatory
`Borrower
`Law of which
`has actual
`knowledge.
`If Borrower
`or is notified
`or Environmental
`Substance
`learns,
`by any
`or other
`remediation
`of any Hazardous
`Substances
`that any removal
`governmental
`or regulatory
`authority,
`affecting
`in accordance
`with
`Borrower
`shall
`take
`all
`remedial
`actions
`is necessary,
`the Property
`necessary
`promptly
`Environmental
`Law.
`or hazardous
`as toxic
`defined
`substances
`are those
`"Hazardous
`paragraph
`As used in this
`16,
`or
`toxic
`other
`Law and the following
`substances:
`flammable
`substances
`by Environmental
`kerosene,
`gasoline,
`materials
`asbestos
`or
`volatile
`pesticides
`and
`petroleum
`toxic
`solvents,
`herbicides,
`products,
`containing
`Law" means
`"Environmental
`federal
`materials.
`As used in this paragraph
`laws
`and radioactive
`16,
`formaldehyde,
`the jurisdiction
`is located
`that
`relate to health,
`safety or environmental
`protection.
`and laws of
`where
`the Property
`
`Substances"
`
`and Lender
`
`would
`
`not perform any act
`
`that
`
`9, Lender
`paragraph
`under
`in full
`have
`the
`and
`rights
`in the Property
`known
`as
`is
`Property.
`This
`the
`all costs
`the right
`to collect
`will
`have
`the right
`to add all
`reasonable
`have
`of
`the Sums Secured.
`
`in
`
`and agree as follows:
`covenant
`further
`Borrower
`COVENANTS.
`NON-UNIFORM
`the rents and revenues
`assigns and transfers
`to Lender
`all
`Borrower
`of Rents.
`17. Assignment
`unconditionally
`directs
`agents to collect
`the rents and revenues
`and hereby
`authorizes
`Lender
`or Lender's
`Borrower
`the Property.
`of
`or Lender's
`prior
`to Lender's
`agents. However,
`to pay
`the rents
`to Lender
`notice
`to
`each tenant
`of
`the Property
`Borrower
`shall collect
`and
`or agreement
`in the Security
`Borrower
`of Borrower's
`breach
`of any covenant
`Instrument,
`of Lender
`This assignment
`rents and revenues
`of
`as trustee
`the benefit
`and Borrower.
`all
`receive
`the Property
`for
`of
`assignment
`and not an assignment
`for additional
`only.
`rents constitutes
`an absolute
`security
`as
`by Borrower
`shall be held by Borrower
`gives
`of breach
`to Borrower:
`rents received
`(a) all
`If Lender
`notice
`shall be
`(b) Lender
`of Lender
`to be applied
`to the sums secured by the Security
`for benefit
`trustee
`Inst