FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
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`
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF GREENE
`
`_____________________________________________
`
`NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
`SERVICING
`
`SUMMONS
`
`INDEX #
`Original filed with Clerk
`______________
`
`Plaintiff Designates Greene
`County as the Place of Trial
`
`
`The Basis of Venue is that the
`subject action is situated
`Greene County
`
`Premises:
`307 Drake Hill Road
`Greenville, NY 12431
`
`
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`
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`
`
`
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`Plaintiff,
`
`
`-against-
`
`
`JOHN PETERSEL; GIZELA PETERSEL; MORTGAGE
`ELECTRONIC REGISTRATION SYSTEMS,
`INC.
`ACTING
`SOLELY
`AS,
`NOMINEE
`FOR
`COUNTRYWIDE HOME and JOHN DOE AND JANE
`DOE #1 through #7, the last seven (7) names being
`fictitious and unknown to the Plaintiff, the persons or
`parties intended being the tenants, occupants, persons or
`parties, if any, having or claiming an interest in or lien
`upon the mortgaged premises described in the complaint,
`
`
`Defendants.
`
`______________________________________________
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`
`
`
`
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`YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
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`copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
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`appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this Summons,
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`exclusive of the day of service (or within 30 days after the service is complete if this Summons is
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`not personally delivered to you within the State of New York); the United States of America may
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`appear or answer within 60 day of service hereof; and in case of your failure to appear or answer,
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`judgment will be taken against you by default for the relief demanded in the Complaint.
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`1 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
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`RECEIVED NYSCEF: 01/03/2022
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`
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`NOTICE
`
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`If you do not respond to this Summons and Complaint by serving a copy of the
`answer on the attorney for the mortgage company who filed this foreclosure
`proceeding against you and filing the answer with the court, a default judgment
`may be entered and you can lose your home.
`
`Speak to an attorney or go to the court where your case is pending for further
`information on how to answer the summons and protect your property.
`
`Sending a payment to your mortgage company will not stop this foreclosure
`action.
`
`YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
`ATTORNEY FOR THE PLAINTIFF AND FILING THE ANSWER WITH
`THE COURT.
`
`Dated: Uniondale, New York
`
`January 3, 2022
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`Respectfully submitted,
`
`Pincus Law Group, PLLC.
`
` By:__________________________________________
` Barry M. Weiss, Esq.
`Attorneys for Plaintiff
`425 RXR Plaza
`Uniondale, NY 11556
`516-699-8902
`
`
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`2 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`
`COMPLAINT
`
`INDEX #
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF GREENE
`
`
`
`
`
`
`
`
`_____________________________________________
`NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
`SERVICING
`
`
`
`Plaintiff,
`
`
`-against-
`
`PETERSEL;
`GIZELA
`PETERSEL;
`JOHN
`MORTGAGE
`ELECTRONIC
`REGISTRATION
`SYSTEMS, INC. ACTING SOLELY AS, NOMINEE
`FOR COUNTRYWIDE HOME and JOHN DOE AND
`JANE DOE #1 through #7, the last seven (7) names
`being fictitious and unknown to the Plaintiff, the persons
`or parties intended being the tenants, occupants, persons
`or parties, if any, having or claiming an interest in or lien
`upon the mortgaged premises described in the complaint,
`
`
`Defendants.
`_____________________________________________
`
`
`
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`Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, by its
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`attorneys, complaining of the Defendants, alleges upon information and belief as follows:
`
`
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`1.
`
`That the Plaintiff herein is, and at all times hereinafter mentioned was, a
`
`Corporation organized and existing under and by virtue of the laws of the United States of
`
`America.
`
`
`
`
`2.
`On August 12, 2006,
`the Defendant(s), JOHN PETERSEL (hereinafter
`“Obligor(s)”), executed and delivered to COUNTRYWIDE HOME, a Consolidated Note
`(hereinafter “the Note”) in the principal sum of $194.300.00. A copy of the Note is annexed hereto
`as Exhibit “A”.
`
`3.
`On August 12, 2006, JOHN PETERSEL and GIZELA PETERSEL (hereinafter
`“Mortgagor(s)”) executed and delivered to Mortgage Electronic Registration Systems, Inc, acting
`solely as a nominee for Countrywide Home, a Consolidated mortgage (hereinafter “the Mortgage”)
`
`in the principal sum of $194.300.00 with interest, mortgaging the premises known as 307 Drake
`
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`3 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
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`
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`Hill Road, Greenville, NY 12431 (“the Premises”) as collateral security for the Note. The
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`mortgaged premises are more fully described in Schedule A annexed hereto.
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`
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`4.
`
`The Mortgage was recorded on October 3, 2006, in Liber 2327 at Page 87,
`
`Document No.: 2006-0008602 in the Office of the Clerk of Greene County, New York. A copy of
`the Mortgage is annexed hereto as Exhibit “B”.
`
`5. Plaintiff is the holder and has the right to enforce the note and mortgage.
`
`6.
`
`Pursuant to the Note, the Mortgagor(s) promised to make consecutive monthly
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`payments in initial amounts of $1,244.12 each month, representing principal and interest,
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`commencing on October 1, 2006, with subsequent payments to be made in accordance with the
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`terms of the Note on the first day of each succeeding month to and including September 1, 2036
`
`when the entire principal amount and accrued interest shall be due and payable.
`
`
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`7.
`
`Pursuant to the Mortgage, the Mortgagor(s) promised to pay, in addition to
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`principal and interest, all amounts necessary to pay for taxes, assessments, leasehold payments or
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`ground rents (if any), hazard insurance and mortgage insurance.
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`
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`8.
`
`The Mortgagor(s) defaulted on their obligation under the terms of the Note and
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`Mortgage by failing and omitting to pay to the Plaintiff payments due on February 15, 2016 and
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`said default has continued for a period in excess of fifteen (15) days.
`
`
`
`9.
`
`Plaintiff notified the Mortgagor(s) of the default under the terms of the Note and
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`Mortgage however, the Mortgagor failed to remedy the default. A copy of the Notice of default
`sent to the Mortgagor(s) is annexed hereto as Exhibit “C”.
`
`10.
`Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does
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`hereby elect to declare the entire principal balance to be due and owing.
`
`
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`11.
`
`By reason of the foregoing, there is now due and owing from the Mortgagor(s) to
`
`Plaintiff the principal sum of $167,698.35 plus interest and late charges.
`
`
`
`12.
`
`The Note provides that in the event any installment shall become overdue for a
`
`period in excess of fifteen (15) days a late charge of 6.625% on the overdue sum may be charged
`
`for the purpose of defraying the expense in handling such delinquent payment.
`
`
`13.
`The Mortgage further provides that in the event of default by the Mortgagor(s),
`Plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and
`
`allowances provided by law in bringing any action to protect its interest in the premises.
`
`
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`14.
`
`Plaintiff shall not be deemed to have waived, altered, released or changed the
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`election hereinbefore made by reason of the payment after the date of commencement of this action
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`4 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
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`RECEIVED NYSCEF: 01/03/2022
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`
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`of any or all of the defaults mentioned herein, and such election shall continue and remain effective
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`until the costs and disbursements of this action and any and all future defaulted payments under
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`the aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid.
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`
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`15.
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`That in order to protect its security, the Plaintiff may be compelled during the
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`pendency of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and
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`other charges for the protection of the premises, and the Plaintiff requests that any sums so paid
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`by it shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and
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`adjudged a valid lien on the premises described herein.
`
`
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`16.
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`The Plaintiff is now and was at the commencement of the within action the sole,
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`true and lawful owner of said Note and Mortgage securing the same or has been delegated the
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`authority to institute a mortgage foreclosure action against the homeowner by the owner and holder
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`of the subject Mortgage and Note, and the within subject Mortgage complies with the underwriting
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`standards in §6-m of the Banking Law, as well as the pre-foreclosure notice requirements, unless
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`exempt from doing so.
`
`
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`17.
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`Plaintiff has complied with all provisions of Banking Law §§ 595-a, 6-1 and 6-m,
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`New York Banking Law 9-X, if applicable, Real Property Actions and Proceedings Law §§ 1304
`
`and 1306, and any rules and regulations promulgated thereunder, if applicable. Copies of the
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`notices sent pursuant to RPAPL §1304 together with proof of filing pursuant to RPAPL §1306 are
`annexed hereto collectively as Exhibit “D”.
`
`18.
`That each of the Defendant(s), including but not limited to the aforementioned
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`Defendant(s), have or claim to have some interest in, or lien upon, the Premises or some part
`thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s
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`Mortgage.
`
`
`
`
`
`19.
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`That each and all defendants herein have or claim to have some interest in, or lien
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`upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued
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`subsequently to the lien of said mortgage, and is subject subordinate thereto. The liens of
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`defendants who are judgment creditors that were filed prior to origination of the mortgage are
`subordinate to the lien of Plaintiff inasmuch as Plaintiff’s mortgage is a purchase money mortgage.
`
`
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`20.
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`That any government agencies or instrumentalities are named as defendants herein
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`solely by reason of a lien as set forth herein as Schedule B.
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`
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`21.
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`That if the premises consist of more than one parcel, Plaintiff respectfully requests
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`that the judgment of foreclosure provide for the parcels be sold as one parcel.
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`5 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
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`RECEIVED NYSCEF: 01/03/2022
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`
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`22.
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`There are no pending proceedings at law or otherwise to collect or enforce said
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`Note and Mortgage.
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`
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`WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
`
`A.
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`That the Defendant(s) and all persons claiming under them, or any of them,
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`subsequent to the filing of the Notice of Pendency of this action and the recording of the mortgage
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`in the Office of the Clerk of Greene County, the county in which said mortgaged premises are
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`located, and every person whose conveyance or encumbrance is subsequent or subsequently
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`recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and
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`equity of redemption of the said mortgaged premises and each and every part thereof;
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`
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`B.
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`C.
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`D.
`
`E.
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`that the premises be sold according to law;
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`that the amount due to Plaintiff on its Note and Mortgage may be adjudged;
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`that the monies received from the sale may be brought into Court;
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`that Plaintiff be paid the amount adjudged to be due it with interest thereon to the
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`time of such payment, together with the costs and disbursements of this action, together with
`Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent
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`that the amount of such monies applicable thereto will pay the same;
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`
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`F.
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`that this Court, if requested, forthwith appoints a Receiver of the rents and profits
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`of said premises and the usual powers and duties;
`
`
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`G.
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`unless the Defendants JOHN PETERSEL and GIZELA PETERSEL have been
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`discharged by the United States Bankruptcy Court for the underlying indebtedness owed to
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`Plaintiff, that the Defendant be adjudged to pay any deficiency which may remain after applying
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`all of such monies as aforesaid in accordance with the law made and provided that Plaintiff have
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`execution therefore;
`
`
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`H.
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`Plaintiff specifically reserves its rights to share in any surplus monies arising from
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`the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding
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`the Mortgage being foreclosed herein.
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`- SPACE INTENTIONALLY LEFT BLANK-
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`6 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
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`RECEIVED NYSCEF: 01/03/2022
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`I.
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`that the Plaintiff have such other and further relief as may be just and equitable
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`together with the costs, allowances and disbursements of this action.
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`
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`Dated: Uniondale, New York
`
`January 3, 2022
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`Respectfully submitted,
`
`Pincus Law Group, PLLC.
`
` By:__________________________________________
`
` Barry M. Weiss, Esq.
`Attorneys for Plaintiff
`425 RXR Plaza
`Uniondale, NY 11556
`516-699-8902
`
`
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`7 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`14/2D
`98
`5
`PG:
`3
`231
`C3
`MORTGASE
`NYSCEF DOC. NO. 1
`ASE3SiGNT
`-mage:
`4 of
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`INDEX NO. EF2022-1
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`4
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`RECEIVED NYSCEF: 01/03/2022
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`soor3198
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`mor
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`204
`
`ADVANTAGE
`
`FORECLOSURE
`
`SERVICES,
`
`INC,
`
`Title No. FCL-58857-09
`
`(File No. N/A)
`
`SCHEDULE
`DESCRIPTION
`
`A
`
`Section
`
`52, Elocl£
`
`2 and Lot
`
`10
`
`with the buildingsand
`irnprovernentsthercon
`plot, pieceor parcelofland,
`ALLthatcertain
`and being
`erected,situate,lying
`in the Town
`descaibed in Schedule
`City ofFreehold,StateofNew¼rk,
`CountyofGreene,
`ofGreenville,
`moreparticularly
`A Lot 10 attached
`hereto and made a part hereof:
`
`beutg m range with a stone wail
`Hill Road, said point of beginning
`at a point
`line ofDrake
`in the center
`BEGINNING
`and the Westerly
`parcel herein described
`the Easterly
`said
`boundaryoftbe
`boundaryofL.S.P.Enterprises,1nc.,
`marking
`fi·om an iron pin found f n the stone wall;
`also being 27.80 feet
`point
`
`RUNNING
`following
`
`THENCE
`ten courses:
`
`through
`
`said iron pin and along said stone wall and leads of said L.S.P. Enterprises,
`
`Inc.
`
`the
`
`1) South 00 degrees 30 minutes
`
`46 seconds West 12641
`
`feet;
`
`2) South 09 degrees
`
`10 minutes S9 seconds East 75.73 feet;
`
`3) 5outh
`
`4) South
`
`02 degrees
`
`05 minutes
`
`44 seconds East 74.93 feet;
`
`02 degrees 33 minutes
`
`33 seconds East 73.01 feet;
`
`5) South 02 degrees
`
`24 minutes
`
`00 seconds West 226.14 feet;
`
`6) South 01 degec
`
`56 minutes
`
`56 seconds West 258.17 feeti
`
`7) South
`
`00 degrees
`
`27 minutes
`
`00 seconds West 145.03 feet;
`
`.
`
`.
`
`8) South, 05 degrees
`
`16 minutes
`
`08 seconds West 89.87 feet
`
`to an iron pin found near a stone wall;
`
`9) South
`
`16 degrees 26 minutes
`
`11 seconds West 46.37 feer
`
`to a point and a wall comer;
`
`along LatNo.2A
`THENCE
`set, continuing;
`
`and the stone wall South 78 degrees 03 minutes
`
`04 seconds West 182.70 feet to an iron pin
`
`Lot No. 2A North
`03 degrees 49 minutes
`07 seconds West
`THENCE
`1,093.S9 feet
`to an Iron pia set, North
`along
`57 secondsEast227.87
`feet through an iron pic setto a pointin
`degrees 40 minutes
`ofDrake BillRoad25.00
`thecenterline
`said iron pin set;
`feet
`frotn
`
`17
`
`DrakeHillRoad
`centerlineofsaid
`THENCBalongthe
`45 degrees 20 raiautes
`23 seconds East 42.44 feet
`
`South 63 degrees22 minutes 54 seconds East 218J 5 feet, South
`to the place and point of BEGINNING
`
`Premises
`
`known
`
`as 307 Drake
`
`Hill Road, Greenville,
`
`New York
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`8 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`
`
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`
`
`Exhibit A
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`9 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`Preparedby:JEFFA. PARKER
`
`T
`NOTE
`CONSOLIDATED
`and is given in substitution
`This Note amends and restates in their entirety,
`in Exhibit A of the New York Consolidation,
`Extension,
`the Notes describéd
`dated the same date as·this Note.
`Agreement
`and Modification
`CONSOLIDATED
`
`12 ,
`AUGUST
`[Date]
`
`200 6
`
`GREENVILLE
`[City]
`
`LOAN #:
`
`for,
`
`.
`
`.
`
`NEW YORK
`[State)
`
`3 07 Drake
`
`Hill
`*
`-
`
`Rd,
`
`.
`
`NY 12431-5826
`
`GREENVILLE,
`[PropertyAddress]
`PROMISE
`TO PAY
`1. BORROWER'S
`I promise to pay U.S. S 194, 300. OO
`I have received,
`In retum for a loan that
`the Lender. The Lender
`is
`to the order of
`plus interest,
`INC.
`COUNTRYWIDE
`HOME LOANS,
`this Note in the form of cash, check or money order.
`I will make all payments under
`this Note. The Londer or anyone who takes this Note by transfer and who is
`the Lender may transfer
`I varfardand
`that
`this Note is called the "Note Holder."
`entitled to receive payments under
`
`(this amount
`
`is called "Principal"),
`
`.
`
`2.
`
`INTEREST
`Interest will be charged on unpaid prinolpal
`s . 625. %.
`rate of
`rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
`e interest
`this Note.
`
`until
`
`the full amount of Principal
`
`has been paid.
`
`I will pay interest at a yearly
`
`3. PAYMENTS
`(A) Time and Place of Payments
`and interest by making a payment every month.
`I will pay principal
`on Oct:ober,
`payment
`. I will
`I will make my monthly
`on the
`day of each month
`2006
`FIRST
`beginning
`make these pãÿir.6üts every month until
`I have paid all of
`the principal
`and interest and any other charges de::cdbed below that
`may owe under
`this Note. Each monthly
`payment will be applied as of
`its =hede!ad
`due date and will be applied to interest before
`I will pay those amounts in full on that date,
`I still owe amounts under
`this Note,
`Principal.
`If, on
`SEPTENBER
`01,
`2036,
`Date."
`which is called the "Met:rity
`I will make my monthly
`payments at
`, TX 75266-06
`P.O.
`Box
`660694
`, Dallas
`or at a different
`place if required by the Note Holder.
`of Monthly
`Payments
`payment will be in the amount of U.S. $ 1,244
`
`94
`
`. 12
`
`.
`
`(B) Amount
`My monthly
`
`I
`
`TO PREPAY
`RIGHT
`4. BORROWER'S
`at any time before they are due. A payment of Pdncipal
`to make payments of Principal
`I have the right
`only is known as a
`"Prepayment." When I make a Prc¡i=yment,
`the Note Holder
`tell
`I am doing so.
`I will
`that
`I may not designate a
`in writing
`payment as a Papayment
`if
`I have not made all
`the monthly
`payments due under
`the Note.
`or partial Prepaymons
`I may make a fb11 Prepayment
`charge. The Note Holder will use my
`without
`paying a Prepayment
`to reduce the amount of Fdovipal
`Prepayments
`that
`I owe under
`this Note. However,
`the Note Holder may apply my Prepayment
`to the accrued and unpaid interest on the Prepayment
`amount, before applying my Prepayment
`to reduce the Principal
`amount of
`there will be no changes in the due date or in the amount of my monthly
`the Note.
`I make a partial Prepayment,
`If
`payment unless
`the Note Holder agrees in writing
`to those changes.
`
`NEWYORK FIXED RATE NOTE-8ingle Fc="a" F===!e Mae/Freddie Mae UNIFORMINSTRUMENT
`Amended for NY ConsoEdated Note
`Page1 ars
`WP Matgage 8oMons (800)s2W91
`CHL (12103)(d)
`-85oN(NY)(O312)
`
`Inmatse
`
`Form3233 1101
`
`10 of 128
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`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`5. LOAN CHARGES
`the interest or other
`interprc‡cd so that
`is finally
`If a law, which applies to this loan and which sets m~.!==m loan charges,
`(a) any such loan charge
`in conneed~t with this loan exceed the permitted
`then:
`limits,
`or to be collected
`loan charges collected
`limit; and (b) any sums already ce!!ected from me
`shall be reduced by the amount necessary to reduce the charge to the permitted
`the
`to me. The Note Holder may choose to make this refund by redüciag
`be refunded
`exceeded po-=itted
`limits will
`which
`the reduction will be treated as
`If a refund reduces Principâ:,
`to me.
`this Note or by making a direct payment
`I owe under
`Principal
`a partial Prepayment.
`
`TO PAY AS REQUIRED
`FAILURE
`6. BORROWER'S
`for Overdue Payments
`(A) Late Charge
`FIFTEBN
`by the end of
`payment
`of any monthly
`amount
`the full
`the Note Holder
`received
`has not
`If
`2 . 00o %
`the charge will be
`I will pay a late charge to the Note Holder. The amount of
`the date it
`calendar days after
`is due,
`but only once on each late payment.
`and interest.
`I will pay this late charge prc=pdy
`of my overdue payment of principal
`
`LOAN # :
`
`(B) Default
`I do not pay the full amount of each monthly
`If
`
`payment on the date It is due,
`
`I will be in default.
`
`(C) Notice of Default
`I do not pay the overdue amount by a
`if
`notice telling me that
`the Note Holder may send me a written
`If
`I am in default,
`the
`the full amount of Principal which has not been paid and all
`equire me to pay imesdist:ly
`certain date,
`the Note-Holder may
`the date on which
`the notice is malled to me or
`least 30 days after
`I owe on that amount. That date must be at
`interest
`that
`delivered
`by other means.
`By Note Holder
`(D) No Waiver
`the Note Holder does not require me to pay immediately
`Even if, at a time when I am in default,
`to do so ifI am in default at a later time.
`the Note Holder will still have the right
`
`in full as described above,
`
`of Note Holder's Costs and Expenses
`(E) Payment
`to be
`the Note Holder will have the right
`in full as described above,
`the Note Holder has required me to pay !==:f!:::!y
`If
`law. Those
`by epplicable
`this Note to the extent not prohibited
`its costs and expenses in enforcing
`paid back by me for all of
`reasonable attorneys'
`for example,
`expenses include,
`fees.
`
`OF N(yTICES
`7. GIVING
`law requires a different method, any notice that must be given to me under
`Unless applicable
`it or by mailing
`to me at the Property Address above or at a different
`it by first class mail
`delivering
`Holder a notice of my diffemnt
`address.
`it by first class
`it or by mailing
`this Note will be given by dc!!voring
`Any notice that must be given to the Note Holder under
`I am given a notice of
`address lf
`to the Note Holder at the address stated in Section 3(A) above or at a different
`that different
`mail
`address.
`
`this Note will be given by
`I give the Note
`address if
`
`OF PERSONS UNDER THIS NOTE
`8. OBLIGATIONS
`the promises made in this
`to keep all of
`:b!‡‡:±
`If more than one person signs this Note, each person is fully and personally
`surety or cadcrsco of
`this Note is also
`the promise to pay the full amount owed. Any person who is a guarantor,
`Note,
`ine!Mir.g
`ob!!geted
`to do these things. Any person who takes over
`the obligations
`these obligations,
`of a guarantor,
`surety or
`including
`the promises made in this Note. The Note Holder may enforce its rights
`endorser of
`is also obligated
`this Note,
`to keep all of
`this Note against each person ind;.Idüé;;ÿ
`or against all of us together. This means that any one of us may be required to
`under
`the amounts owed under
`this Note.
`pay all of
`9. WA1VERS
`I and any other person who has cblig:::cas
`of Presentment
`the rights
`under
`this Note waive
`"Presentment" means the right
`"Notice
`to require the Note Holder
`to demand payment
`of amounts due.
`right
`to mquire the Note Holder
`to give notice to other persons that amounts due have not been paid.
`
`and Notice
`of Dishonor.
`of D!:he•'er" means the
`
`NOTE
`SECURED
`10. UNIFORM
`to the protections
`This Note is a uniform instrument with limited
`In addition
`in some jurisdictions.
`given to the
`variations
`Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
`dated the same date as this
`Instrument"),
`Note, protects the Note Holder
`from possible losses which might
`result
`if
`I do not keep the promises which
`I make in this Note.
`That Security
`Instrument
`dwamibum how and under what ccadi‡icns
`I may be required to make !==:f!:‡3
`payment
`in thil of all
`amounts I owe under this Note. Some of
`those conditions
`are described as follows:
`payment
`in full of all Sums Secured by this Security
`Lender may require immediate
`if all or
`Instrument
`the Property,
`any part of
`if any right
`in the Property,
`or
`Londer's prior written
`is sold or
`transferred without
`permission.
`If Borrower
`is not a natural person and a bonoficic:
`is sold or
`interest
`in Borrower
`transferred
`without
`Lender's prior written
`in thil. However,
`this
`Lender also may require immediate
`payment
`permission,
`option shall not be exercised by Lender
`if such exercise is prohibited
`by App‰aW Law.
`If Lender
`imediate
`payment
`requires
`in full under
`18, Londer will give me a notice which
`this Section
`states this requirement.
`The notice will
`give me at
`least 30 days to make the required payment. The 30-day
`begin on the date the notice is given to me in the manner
`period will
`required
`15 of
`by Section
`this Security
`I do not make the required payment during that period, Lender may act to enforce its rights under
`If
`Instrument.
`giving me any fbrther notice or demand for payment.
`this Security
`Instrument without
`
`-860N(NY) (D312) CHL (12f03)
`
`Page2 of 3
`
`Inmats
`
`FDrm 3233 1/01
`
`11 of 128
`
`

`

`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`WITNESS THE HAND(S)
`
`AND SEAL(S) OF THE UNDERSIGNED.
`
`JOHN PETERSEL
`
`LOAN # :
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`[Sign Original Only)
`
`PAY TO THE ORDER OF
`
`WITHOUT RECOURSE
`HOME LOANS, 1NC
`COUNTRYWIDE
`
`MICHELE
`EXECUTlVE
`
`SJOLANDER
`VICE PRESIDENT
`
`-8SON(NY)(0312) CML (12fO3)
`
`p
`
`Form 3233 1/01
`
`12 of 128
`
`

`

`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`
`
`
`
`
`
`
`
`Exhibit B
`
`
`
`
`
`
`
`
`
`13 of 128
`
`

`

`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`232-
`8-'
`Image:
`AGREEMENT
`1 of
`10/03/2006
`MORTGAGE
`PG:
`SK:
`NYSCEF DOC. NO. 1
`
`28
`
`Greene
`Ann
`
`County
`Kordlch
`Clerk
`12414
`
`County
`New York
`
`Mary
`Greene
`Catskill,
`
`Number:
`Dece=Jnt
`Date:
`Recorded
`
`2006-
`
`00008602
`10/03/2008
`
`Document
`
`Type: Mortgage
`
`Agreement
`
`Parties:
`
`PETERSEL,
`PETERSEL,
`PETERSEL
`By: MARTIN
`
`GlZELA
`JOHN
`- COUNTYRWIDE
`ABSTRACT
`& JANSSEN
`
`Com=ªnt
`Recorded
`
`MortgageAgreement
`Covernheet
`
`COMPANY
`
`and Charged
`
`as Follows
`
`**
`
`** Examined
`106.50
`3,00
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`Bk : 2327 Ps:
`87
`11:02:1%
`03r 2006
`Oct
`00008602
`INST t
`cler
`counts
`Greene
`11ars Ann Kor d ich
`
`k
`
`Book:
`
`2327
`
`Page:
`
`87
`
`Pages Charged:
`Scanned:
`Pages
`
`27
`28
`
`Recording
`
`Fee:
`
`109.50
`
`"
`
`This
`and foregoing
`
`the within
`
`" DO NOT REMOVE
`is Part
`Page
`of
`the
`Document
`was recorded
`in the Clerk's Office for.
`
`**
`
`**
`
`2006.
`
`00008602
`10/03/2008
`11:02 A
`37620
`
`Mall Back
`HOME LOANS
`COUNTRYWIDE
`PROCESSING
`DOCUMENT
`PO BOX 10423 SV-79
`VANNUYSCA
`91410-0423
`
`INC
`
`that
`
`I hereby
`certify
`File information
`Number.
`Document
`Date:
`Recorded
`Receipt Number:
`
`14 of 128
`
`

`

`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`1O / ¤ / 2 OO E
`MC RTGME
`AGRE EM NT
`2 Of
`2 ad Je :
`PG :
`3 2
`X
`NYSCEF DOC. NO. 1
`
`2 8
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`Bk:
`
`2
`
`Ps:
`
`88
`
`ARerRegardingReturnT
`COffNTRYW1DEHOMELOANS. INC.
`MS SV49 JOCUMElfr PRCCESSING
`P O.Box 10423
`Yaa Nuya, CA. 91410-0423
`PreparedBy:
`JBPP A. PARKER
`
`[T1:L AboveThisLineFarmecosdingDataj
`
`Eseczev/cloeas s)
`EXTENSION, AND MOD1FICA
`
`poe to 4:
`
`NT
`
`CONSOLIDATION,
`
`WORDSUSEDOFTEN IN THis DOCUMENT
`(A) "Agreement." 'llais document,wideh is Jeted AUGUST12, 2006
`exhibitsandridersauanhmitothisdocumentwill becalledthe"Agreement"
`(B) "Barrower."
`JOHN DETERSEL, AND GIZ%A PETERSEL
`
`sad
`
`win be milled"Barrower"andsensedmcoT or "me." BoTTower'saddress58
`307 Drake E111 Rd, GREENVILLE, NY 12421 -5026
`(C) "Leader."
`COUNTRYWIDEHOMELOANS. INC.
`
`which
`
`will becalled"Leader*andsometimes"NoteHolder 1.cnderisa
`CORPORATION
`existsunderthelawsof NEWYORK
`Lcnder'saddressis
`4500 Park Granada, Calaba sas , CA 9nO2 -1611
`(D) "Mortgages." The mortgages,deedsof trust, at other securitylastrumentsand any additiona
`securityinstrummanandrelanedagrecracnts(suchasassignments,exansions,modifications.a-consolidations
`of mortgages)identifiedin ExhibitA toddsA|peemeritwill becalledthe"Martgages."
`(E) "MERS" asMartgageElectronicRagessmthmsyaems,Inc. MERSis a separatecorporadontinctis
`actiqçsale&at a nearkneeJor LandarandLernter'ssreccessorsondassigns.MERSis organhedandexisting
`underdselaws of Delaware.and has an addhursand relephoneamber of P.O. Bar 2026, Flint. M1
`4821-2026. set.f888)679-MBR5FOR PURPOSESOF RECORDINGTHIS AGREEMENT, MERS 18
`THE MORTCAGEE OF RECORD.
`TER PREMISESARE IMPRCVHDQR ARE 70 BE IMPROVEDBY A ONE OR TWO
`FAMIIJ RES1UENCEOR DWELLINGOEY.
`(F) "Note Hohler." Lenderor anyonewtmsucceedsa Lender'sriglits underthisAgreementandwhois
`entitledto receivethepaymentsI agreetomakeunderthis Agreementmaybecalltzidue'Note Holderf
`(C) "Notes." 111eNoteswhichare(dentliiedIn ExhibitA m thisAgreement,andwhicitaresecuredby
`theMortgages.willbecalledthe"Notes."
`"Preperty.* The property whfch is describedin the Mortgage(s)and iraExhibit B (Property
`(H)
`Description)re thisAgreemen,will becalledthe"Properry."TheProperryis locatedat·
`Rd
`307 Drake Eill
`13remi
`.
`
`GREEtPTILLE
`(City]
`NY, 12431-8826
`(5reaandzipcode)
`I promiseand1ag:cewitli Lenderasfolkms:
`Section:
`Sloolu
`Unit:
`Lot
`NEWYORKCONaolJDATIQM,EXTENSION,ANDMODIMCATIONAGREEMENTWITHMERS
`- G|nglaFamny.FenninMaeWenddleMacUNIFORMINBTRUNENT
`PanelofA
`4GOAjNV)(06cgiCHL(UTAl5)(d)Vursawtgagethies,
`ine.(AQDB21-aul
`
`GREENE
`{ComnyI
`
`,
`
`Fam 2172U05
`pav,gap
`r-p
`:-news
`
`15 of 128
`
`

`

`FILED: GREENE COUNTY CLERK 01/03/2022 11:09 AM
`MOR T GAG3' AGREEMENT
`Ima g e :
`3 o f
`23P
`87
`10/03/20
`0 6
`56
`PG:
`BK:
`NYSCEF DOC. NO. 1
`
`2 6
`
`INDEX NO. EF2022-1
`
`RECEIVED NYSCEF: 01/03/2022
`
`Bke
`
`2327
`
`Ps=
`
`89
`
`L
`
`BURROWER'S AGREEMENT ABOUT OBLIGATION UNDER THE NOTES AND
`MORTGAGES
`I agreeto isksoverall of theoblfgationsundertiteNotesandMortgagesasconsolidatedandmoditledby
`thisAgreementasBorrower.This meansthatI will keepall of thepromlscsandagreemenumadein theNotes
`andMorqpigesevenif someotherpersonmadethoseproniisesandagreenientsbeforeme.The total unpaid
`of this amount,U.S
`principalba1nnoeof the Notesis U.S,5 194, 300 . Do
`was advancecto me (or for my account)immedianeiyprior to this
`S 15, 262 .28
`consolidation.
`AGREEMENT TO COMBINE NOTE8 AND MORTGAGES
`10
`(A) By signingthis Agreement,Landerand[ aremmbininginal me setof rightsandobligationsall of
`the promisesand agreememsstatedIn tim Nmes andModgagesincludingany carlier agreernentswhich
`combined,modlfi¾ or extendedrightsandobligationsunderanyaf theNotesami Mortgages.This meana
`thatall of Lander'srighlain the Propertyarecombinedsothatunderthe law Lenderhasunemortgageand1
`haveone toanabligadonwhich I will pay as providedin this AgreementThis combiningof notesand
`mortgagesis knownasa "Consolidation."
`(B) In theevet thatExhibit A indicatesthatuElof theNotesandMortgageshavealreadybeencombined
`by a previousagreement,thenLanderandI agreeto changethe termsof ScotionII, paragraph(A) of this
`Agreementin thefollowing'
`Lenderand1agreethat all of the prormiscsandagreementsstatedin theNotesandMortguges-
`includingany earlieragreememawhich combin¾ modifid or extendedrightsandobligations
`ander any of the Notes and Mongages- havebeencombinedinto one set of rights and
`obligationsby an earlieragreementwhich is refmed to in Exhibit A. This mennsthat all of the
`Lendorarightstr. the Propertyhavealreadybeencombitiedsothatunderthelaw Lenderalready
`hasonemortgageandf haveoneloanobligatiuriwhichEwill gmyesprovidedin thlsAgreement.
`Thecombiningof notesandmortgagesIsknown9sa "Consol|dadon."
`
`IIL AGREEMENT TO CHANGE TERMS OF THE CONSOLIDATED NOTE
`Lenderand I agreethat the termsof the Notes are changedanJ rematedto be the terms of the
`'ConaniidatedNote" which is attachedto this AgreementasExhibit C. The OmmtidatedNotecontainsthe
`termsof paymem11prtheamountsthat1owetoNoteMulder.Tagreeto paytheamountsdueundertheNotesin
`accordancewith the terms of the ConsolidatedNote. The ConsolidatedNote will supersedeall terms,
`covenants,andprovisionsof-he Notes.
`IV. AGREEMENT TO CIIANGE TERMS OF THE CONSOL1DATED MORTGAGE
`Landerand t agreethat the termsof the Mortgagesare obangedguidrestatedto be thetermsof the
`"ConsolidatedMortgage' wMch is attachedto this Agreementas Exhibit D. The ConsolidatedMortgage
`securestheConsolidatedNoteandwill constitutein law a single!lenupongheProperty.I agreeto bebotmd
`by thetermssetforthIn theConsolidatedMortgagewhichwill supersedeall tertus,covenants,andprovisions
`of theMortgages.
`NO SET-OFF,DEFENSES
`I agracthat I have an right of set-otTor countercialm,or imy defensero the obligationsof the
`ConsolidatedNotaor theConsolidmedMortgag