FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SCHOHARIE
`
`Wells Fargo Bank, N.A.,
`
`
`Plaintiff,
`
`
`-against-
`
`Jarrett Chichester a/k/a Jarrett S. Chichester; New York State
`Department of Taxation and Finance, and “JOHN DOE”,
`said name being fictitious, it being the intention of Plaintiff
`to designate any and all occupants of premises being
`foreclosed herein, and any parties, corporations or entities, if
`any, having or claiming an interest or lien upon the
`mortgaged premises,
`
`Defendants.
`
`
`
`
`
`
`MORTGAGE FORECLOSURE
`
`COMPLAINT
`
`
`Index No. _______________
`
`Date Filed:______________
`
`
`
`
`The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the
`
`defendants above named, and for its cause of action, alleges that:
`
`First:
`
`The Plaintiff herein, at all times hereinafter mentioned was and
`
`still is a duly authorized National Association and having an office at c/o 3476 Stateview Blvd,
`
`MAC# X7801-013 (FC), Fort Mill, South Carolina 29715.
`
`PLAINTIFF FURTHER ALLEGES
`UPON INFORMATION AND BELIEF
`
`Second:
`
`The defendants set forth in Schedule "A" reside or have a place of
`
`business at the address set forth therein and are made defendants in this action in the capacities
`
`therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
`
`interest said defendants may have in the subject premises.
`
`
`
`
`
`23-094447
`
`Complaint
`
`1 of 27
`
`Page 1 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`Third:
`
`The United States of America, The People of the State of New
`
`York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
`
`State of New York and all other agencies or instrumentalities of the Federal, State or local
`
`government (by whatever name designated) if made parties to this action and if appearing in
`
`Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
`
`no other reason.
`
`Fourth:
`
`Heretofore, the defendant(s), Jarrett Chichester, for the purpose of
`
`securing to Homestead Funding Corp., its successors and assigns, the sum of $142,577.00, duly
`
`made a certain bond, note, consolidation, extension, modification, recasting, or assumption
`
`agreement, as the case may be, wherein and whereby they bound themselves, their heirs,
`
`executors, administrators and assigns, and each and every one of them, jointly and severally, in
`
`the amount of said sum of money, all as more fully appears together with the terms of repayment
`
`of said sum or rights of Homestead Funding Corp., its successors and assigns, in said bond, note
`
`or other instrument, a copy of which is attached hereto and made a part hereof.
`
`Fifth:
`
`As security for the payment of said indebtedness, a mortgage was
`
`executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc., as
`
`mortgagee, as nominee for Homestead Funding Corp., its successors and assigns recorded in the
`
`Schoharie County Clerk’s Office on February 21, 2013, at Book 1576 of Mortgages, page 226,
`
`wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest
`
`in and/or sold to the mortgagee, the premises more particularly described therein, hereinafter
`
`called "mortgaged premises", under certain conditions with rights, duties and privileges between
`
`or among them as more fully appears in said mortgage, a copy of which is attached hereto and
`
`made a part hereof.
`
`23-094447
`
`Complaint
`
`2 of 27
`
`Page 2 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`Sixth:
`
`The Plaintiff is the current owner and holder of the subject
`
`mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action
`
`by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner
`
`and holder of the subject note and mortgage then information regarding the chain of title will be
`
`contained in Schedule "D".
`
`Seventh:
`
`The said mortgage was duly recorded and the mortgage tax due
`
`thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the
`
`place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to
`
`the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
`
`Eighth:
`
`The defendant(s), Jarrett Chichester, so named, have failed and
`
`neglected to comply with the conditions of said mortgage, bond or note by omitting and failing
`
`to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance
`
`premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does
`
`hereby elect to call due the entire amount presently secured by the mortgage described in
`
`paragraph "FIFTH" hereof.
`
`Ninth:
`
`Heretofore and prior to the commencement of this action, part of
`
`the original principal sum may have been paid to apply on said indebtedness and there remains
`
`due the amount set forth in Schedule "C".
`
`Tenth:
`
`In order to protect its security, the plaintiff has paid, or will pay, as
`
`may be compelled during the pendency of this action, local taxes, assessments, water rates,
`
`insurance premiums, inspections and other charges affecting the mortgaged premises, and the
`
`plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon)
`
`should be added to the sum otherwise due and be deemed secured by the said mortgage and be
`
`23-094447
`
`Complaint
`
`3 of 27
`
`Page 3 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
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`
`
`adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be
`
`determined by the Court.
`
`Eleventh:
`
`The defendants herein have, or claim to have, some interest in or
`
`lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has
`
`accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's
`
`mortgage.
`
`Twelfth:
`
`There are no pending proceedings at law or otherwise to collect or
`
`enforce said bond/note and mortgage and there is no other action pending which has been
`
`brought to recover said mortgage debt or any part thereof.
`
`Thirteenth:
`
`The Schedules, Exhibits and other items attached to this Complaint
`
`are expressly incorporated and made a part of this Complaint for all purposes with the same force
`
`and effect as if they were completely and fully set forth herein wherever reference has been made
`
`to each or any of them.
`
`Fourteenth:
`
`By reason of the foregoing, there is now due and owing to the
`
`plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
`
`agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
`
`charges, and interest, the amount of which will be determined by the Court.
`
`Fifteenth:
`
`The mortgage provides that, in the case of foreclosure, the
`
`mortgaged premises may be sold in one parcel.
`
`Sixteenth:
`
`The Plaintiff shall not be deemed to have waived, altered, released
`
`or changed the election hereinbefore made by reason of the payment or performance, after the
`
`date of the commencement of this action, of any or all of the defaults mentioned herein; and such
`
`election shall continue and remain effective until the costs and disbursements of this action, and
`
`23-094447
`
`Complaint
`
`4 of 27
`
`Page 4 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`all present and future defaults under the Note and Mortgage and occurring prior to the
`
`discontinuance of this action are fully paid and cured.
`
`Seventeenth:
`
`Pursuant to the Fair Debt Collection Practices Act, this action may
`
`be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
`
`a result of this action will be used for that purpose.
`
`Eighteenth:
`
`Plaintiff has complied with all the provisions of section five-
`
`hundred ninety-five-a of the New York State Banking Law and any rules and regulations
`
`promulgated thereunder, section six-l or six-m of the New York State Banking Law and section
`
`thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL).
`
`Nineteenth:
`
`Plaintiff has complied with the provisions of RPAPL § 1306, by
`
`filing the form required by the superintendent of financial services within three business days of
`
`mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the
`
`New York State Department of Financial Services f/k/a New York State Banking Department; a
`
`copy of the Proof of Filing Statement is attached hereto and made a part hereof.
`
`Twentieth:
`
`To the extent the original obligation was discharged in bankruptcy
`
`under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a
`
`debt or to impose personal liability for such obligation. However, the secured party retains all
`
`rights, and hereby exercises its right to foreclose its lien, under its security instrument.
`
`WHEREFORE, plaintiff demands judgment:
`
`(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
`
`costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
`
`
`
`23-094447
`
`Complaint
`
`5 of 27
`
`Page 5 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`(b)
`
`That the defendants and all persons claiming by, through or under them, or either
`
`or any of them, subsequent to the commencement of this action and every other person or
`
`corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
`
`recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
`
`redemption in and to said mortgaged premises;
`
`(c)
`
`That the said mortgaged premises, or such part thereof as may be necessary to
`
`raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
`
`disbursements, together with any monies advanced and paid, may be decreed to be sold according
`
`to law;
`
`(d)
`
`That out of the monies arising from the sale thereof, the plaintiff may be paid the
`
`amounts then due on said bond/note and mortgage and any sum which may have been paid by the
`
`plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
`
`amounts from the dates of the respective payments and advances thereof, the costs and expenses
`
`of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
`
`the mortgage, rider or other agreement, so far as the amount of such money properly applicable
`
`thereto will pay the same;
`
`sale;
`
`(e)
`
`(f)
`
`That either or any of the parties to this action may become a purchaser upon such
`
`That this Court forthwith appoint a Receiver of the rents and profits of said
`
`premises with the usual powers and duties;
`
`(g)
`
`That the defendant(s), Jarrett Chichester, unless discharged in bankruptcy may be
`
`adjudged to pay any deficiency that may remain after applying all of said monies so applicable
`
`thereto;
`
`23-094447
`
`Complaint
`
`6 of 27
`
`Page 6 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`(h)
`
`That the United States of America shall have the right of redemption, if
`
`applicable;
`
`(i)
`
`That the plaintiff may have such other or further relief, or both, in the premises as
`
`may be just and equitable.
`
`Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
`
`of subject premises by virtue of its position as a judgment or other lien creditor excluding the
`
`mortgage being foreclosed herein.
`
`September 22, 2023
`Dated: _______________
`
`________________________
`Andrew Loete, Esq.
`Associate Attorney
`LOGS LEGAL GROUP LLP
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`Our File No. 23-094447
`
`
`
`
`
`23-094447
`
`Complaint
`
`7 of 27
`
`Page 7 of 8
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`SCHEDULE A – DEFENDANTS
`
`DEFENDANTS
`
`CAPACITY
`
`Jarrett Chichester
`221 Main Street
`Schoharie, NY 12157
`
`“JOHN DOE”
`
`Owner of record and original obligor under
`the Note secured by the Mortgage recorded
`on February 21, 2013 at Book 1576 of
`Mortgages, page 226, being foreclosed
`herein.
`
`Said name being fictitious, it being the
`intention of Plaintiff to designate any and all
`occupants, tenants, persons or corporations, if
`any, having or claiming an interest in or lien
`upon the premises being foreclosed herein.
`
`23-094447
`
`8 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`SCHEDULE B – DEFENDANTS
`
`DEFENDANTS
`
`CAPACITY
`
`New York State Department of Taxation and
`Finance
`WA Harriman Campus
`Albany, NY 12227
`
`Lienor by virtue of a Tax Warrant for $665.88
`filed September 12, 2019 vs. Jarrett S.
`Chichester, 221 Main Street, Schoharie, NY
`12157.
`
`23-094447
`
`9 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`
`
`
`
`
`1.
`
`
`2.
`
`3.
`
`
`
`
`
`4.
`
`5.
`
`
`6.
`
`7.
`
`8.
`
`
`SCHEDULE C
`
`MORTGAGE INFORMATION
`
`Original Amount of Bond/Note/
`Consolidation or Modification Agreement
`
`Last installment due and paid
`
`Date of first unpaid installment/
`default date
`
`AMOUNT DUE
`
`Principal balance owing
`
`*Interest @ 3.5%
`from March 1, 2023
`
`$142,577.00
`
`March 1, 2023
`
`April 1, 2023
`
`$110,288.70
`
`To Be Calculated at Judgment
`
`Late charges as per the terms of the Note
`
`To Be Calculated at Judgment
`
`Taxes Advanced by Plaintiff
`
`To Be Calculated at Judgment
`
`Escrow Advances
`
`To Be Calculated at Judgment
`
` *
`
` Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
`Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
`which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004.
`
`23-094447
`
`10 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`
`
`SCHEDULE D
`
`
`The instrument being foreclosed herein is a Mortgage dated February 20, 2013, executed by
`Jarrett Chichester, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as
`mortgagee, as nominee for Homestead Funding Corp., its successors and assigns, to secure the
`sum of $142,577.00, and recorded in the Schoharie County Clerk’s Office on February 21, 2013,
`at Book 1576 of Mortgages, page 226. The Mortgage was transferred to Wells Fargo Bank,
`N.A., and said transfer was memorialized by an Assignment of Mortgage executed on May 22,
`2023 and recorded May 24, 2023 at Book 2039, page 284.
`
`In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
`assign, and was delivered to Plaintiff prior to the commencement of this action.
`
`23-094447
`
`11 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`Schoharie
`284
`Main
`
`Schoharie,
`
`County
`Street,
`
`NY
`
`Clerk
`PO Box
`12157
`
`549
`
`Return
`
`to:
`
`PARSHALL
`
`2668
`
`STATE
`
`& WEST ATTYS
`7
`HIGHWAY
`
`COBLESKILL,
`
`NY 12043
`
`Instrument
`
`Deed
`
`Document
`
`Number:
`
`642926
`
`Book:
`
`947
`
`Page:
`
`231
`
`Town:
`
`Schoharie
`
`Grantor
`
`Grantee
`
`EAVES,
`EAVES,
`
`H
`
`CHRIS
`DARLENE
`
`F
`
`CHICHESTER,
`
`JARRETT
`
`Number
`
`of Pages:
`
`3
`
`Amount
`
`$147500.00
`
`Recorded
`
`Date/Time
`
`02/21/2013
`
`at
`
`2:19 PM
`
`Receipt
`
`Number
`
`111845
`
`Transfer Tax Receipt
`Schoharie County Clerk Received:
`Trans Tax # 574
`
`........,$590,00
`
`Note:
`
`** DO NOT REMOVE
`
`- THIS
`
`PAGE
`
`IS PART
`
`OF THE DOCUMENT
`
`**
`
`THIS
`
`PAGE
`
`CONSTITUTES
`
`THE CLERK'S
`
`ENDORSEMENT,
`
`REQ UIRED
`
`BY SECTION
`
`316-a(5)
`
`&
`
`319 OF THE REAL
`
`PROPERTY
`
`LAW OF THE STATE
`
`OF NEW YORK.
`
`M Indica
`
`Jaycox,
`
`County
`
`Clerk
`
`2oo8
`
`947
`
`PAGE
`12 of 27
`
`231
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`TuisINDEXFURE,
`12"2
`made
`the
`day
`
`of February,
`
`2013
`
`Revd 02/21/2013
`
`2:19:32
`
`PM
`
`BETWEEN
`
`CHRIs
`PO Box
`
`AND
`
`H. EAVES
`
`422,
`
`Fultonville,
`
`AND DARLENE
`F. EAVES
`NY 12072,
`
`JARRETT
`
`249
`
`State
`
`CHICHESTER
`Route
`
`443,
`
`Schoharie,
`
`NY 12157,
`
`grantors,
`
`grantee.
`
`ITNESSETH,
`United
`States
`release
`unto
`
`and
`the
`
`other
`
`grantee,
`
`that
`
`the
`
`grantors,
`and
`heirs
`
`in consideration
`
`consideration
`valuable
`and
`assigns
`
`forever,
`
`of ONE ($1.00)
`paid
`the
`by
`
`DOLLAR
`
`grantee,
`
`lawful
`do hereby
`
`money
`grant
`
`of
`
`the
`
`and
`
`good
`his
`
`ALL
`
`THAT
`
`CERTAIN
`
`situate,
`
`lying
`
`and
`
`in the Village
`
`of
`
`of Schoharie
`
`and State
`
`Schoharie,
`
`County
`BEGINNING
`
`at a point
`
`in the Westerly
`
`PIECE OR PARCEL
`OF LAND
`of New York,
`
`bounded
`
`and
`
`boundary
`thence
`
`of Bridge
`48°
`
`South
`
`17'
`
`Street,
`
`West
`
`Northerly
`of Main
`
`Porteus;
`
`a point
`
`boundary
`Street
`a distance
`
`thence
`
`North
`
`in the Southerly
`
`of Main
`
`Street;
`
`of 200.8
`43'
`
`West
`
`39°
`
`running
`feet
`to a point
`
`in the Easterly
`
`being
`described
`
`said
`
`along
`of
`
`as follows:
`
`point
`
`also
`
`being
`said Northerly
`of John
`lands
`
`in the
`
`boundary
`and Evelyn
`
`boundary
`of Porteus
`
`along
`lands
`
`said
`
`of St.
`
`Easterly
`Joseph's
`
`of
`
`boundary
`
`Church;
`
`thence
`
`a distance
`49°
`
`North
`
`40'
`
`of 205.8
`
`feet
`
`to
`
`East
`
`along
`
`said
`
`Southerly
`aforementioned
`
`boundary
`acres
`of
`
`Westerly
`of Bridge
`Street
`
`boundary
`a distance
`
`boundary
`of St.
`
`boundary
`
`Joseph's
`
`Church
`
`a distance
`
`of 205.3
`
`of Bridge
`
`Street;
`
`thence
`
`South
`
`of 201.1
`
`feet
`
`to the
`
`point
`
`and
`
`place
`
`feet
`38°
`
`in the
`
`to a point
`25'
`
`East
`
`along
`of beginning,
`
`said Westerly
`
`containing
`
`0.95
`
`land, more
`EXCEPTING
`
`or
`
`less.
`
`AND RESERVING
`
`from
`
`the
`
`above
`
`described
`
`parcel
`
`all
`
`enforceable
`
`covenants,
`
`conditions,
`
`restrictions
`
`and
`
`easements
`
`of
`
`record.
`
`BEING
`
`more
`
`shown
`
`thereof
`
`P.LS.
`
`#49009,
`
`dated
`
`particularly
`in the Schoharie
`
`filed
`
`May
`
`2, 1985,
`The
`
`above
`
`described
`
`premises
`
`by deed
`2010
`
`on a map
`Clerk's
`
`County
`are the
`
`Office
`
`same
`
`premises
`
`A. Papa,
`by Richard
`as Map No.
`conveyed
`
`File
`
`No.
`
`1.
`
`H. Eaves
`
`2269,
`by Chris
`in the Schoharie
`
`Eaves
`
`and Darlene
`
`F. Eaves
`
`Clerk's
`
`Office
`
`on August
`
`20,
`
`dated
`
`August
`
`20,
`
`2010
`
`and
`
`recorded
`
`in Book
`
`904
`
`of Deeds
`
`at page
`
`63.
`
`Subject
`
`to all
`
`covenants,
`
`conditions,
`
`restrictions
`
`and
`
`easements
`
`of
`
`record.
`
`2oo8947
`
`PAGE
`13 of 27
`
`232
`
`to Chris
`
`H.
`
`County
`
`1
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`TOGETHER
`
`with
`
`the
`
`appurtenances
`
`and
`
`all
`
`the
`
`estate
`
`and
`
`rights
`
`of
`
`the
`
`grantors
`
`in and
`
`to said
`
`premises.
`
`ToHAVE
`
`AND To HoLD
`
`the
`
`premises
`
`herein
`
`granted
`
`unto
`
`the
`
`grantee,
`
`his
`
`heirs
`
`and
`
`assigns
`
`forever.
`
`AND the
`
`said
`
`grantors
`
`covenant
`
`as follows:
`
`FIRSTc
`
`That
`
`the
`
`grantee
`
`shall
`
`quietly
`
`enjoy
`
`the
`
`said
`
`premises;
`
`SECONDc
`
`That
`
`the
`
`grantors
`
`will
`
`forever
`
`warrant
`
`the
`
`title
`
`to said
`
`premises;
`
`SUBJECT
`
`to the
`
`trust
`
`fund
`
`provisions
`
`of
`
`section
`
`thirteen
`
`of
`
`the
`
`lien
`
`law.
`
`IN WITNESS
`above
`written.
`
`HEREOF,
`
`the
`
`grantors
`
`have
`
`hereunto
`
`set
`
`their
`
`hands
`
`and
`
`seals
`
`on the
`
`day
`
`and
`
`year
`
`first
`
`CHRIS
`
`H. EAVES
`
`DARLENEF.EAVES
`
`STATE OF NEW YORK
`COUNTYOFSCHOHAME
`
`)
`)
`
`12th
`
`On the
`CHRIS H. EAVES
`evidence
`satisfactory
`acknowledged
`and
`his/her/their
`
`individual(s)
`
`in the
`of February
`day
`and DARLENE
`F. EAVES,
`to be the
`individual(s)
`to me that
`he/she/they
`on the
`instrument,
`the
`instrument.
`
`signature(s)
`executed
`acted,
`
`year
`
`2013
`
`personally
`whose
`
`executed
`the
`
`before
`
`known
`
`name(s)
`the
`same
`
`individual(s),
`
`the
`me,
`undersigned,
`to me or proved
`is (are)
`subscribed
`in his/her/their
`or
`the person
`
`personally
`to me on the
`to the within
`
`appeared
`of
`basis
`instrument
`andthat
`of which
`
`by
`
`the
`
`capacity(ies),
`on behalf
`
`CRAIG T. MORLANG
`Rolary Public - State of LY,
`No. 02M05034849
`0ath Filed Schchari
`Comm.Exp.0cL
`17
`
`Record
`Michael
`
`& Return:
`A. West,
`
`Esq.
`
`2oo8947
`
`PAGE
`14 of 27
`
`233
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`OAH
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`Multistate
`FEBRUARY20, 2013
`[Dato }
`
`NOTE
`
`ALBANY,
`[City)
`221 HAIN STREET,Schobarie, NY 12157
`[Property Address]
`
`NENYORK
`[State ]
`
`t PARTIES
`"Borrower"meanseachpersonsigningattheendofthisNote,andtheperson'ssuccessorsandassigns."Lander"
`meansMcNESTEADFUNDINGCORP.
`
`andItssuccessorsandassigns.
`2. BORROWER'SPROMISETOPAY INTEREST
`Inretumfora loanreceivedfromLander,Borrowerpromisesto paytheprincipalsumof ******ONE HUNDRED
`FORTYTWOTROUSANDFIVE HUEDREDSEVENTYSEVEEAND50/100* ************** **** *** *** Dollars
`),plusinterest,totheorderofLander.Interestwillbechargedonunpaidprincipal,fromthe
`(U.S. $142,577.00
`percent
`dateofdisbursementoftheloanproceedsbyLander,attherateof THREEANDONE-HALF
`3.500% ) peryearuntilthefullamountof principalhasbeenpald.
`(
`3. PROMISETO PAYSECURED
`Borrower'spromiseto payissecuredbya mortgage,deedoftrustorsimilarsecurityinstrumentthatIsdatedthe
`samedateasthisNoteandcalledthe"SecurityInstrument."TheSecurityInstrumentprotectstheLenderfromlosses
`whichmightresultif BorrowerdefaultsunderthisNote.
`4. MANNEROFPAYMENT
`(A) Time
`18T
`Borrowershallmakea paymentofprincipalandinterestto Landeronthe
`beginningon APRIL 1, 2013.
`Anyprincipalandinterestremainingonthe
`willbedueonthatdate,whichis calledthe"MaturityDate."
`NARCH, 2043
`(B) Place
`Paymentshallbe madeat
`8 AIRLIEE DRIVE
`ALBANY,HY 12205
`orat suchplaceas Landermaydesignateinwritingby noticeto Borrower.
`(C)Amount
`EachmonthlypaymentofprincipalandinterestwillbeIntheamountof U.S.
`Thisamount
`6640.23.
`willbepartofalargermonthlypaymentrequiredbytheSecurityinstrument,thatshallbeappliedto principal,interest
`andotheritemsin theorderdescribedIntheSecurityInstrument
`(D)Allongeto this Notefor paymentadjustments
`Ifanallongeprovidingforpaymentadjustmentsisexecutedby BonowertogetherwiththisNote,thecovenantsof
`theallongeshallbeIncorporatedIntoandshallamendandsupplementthecovenantsofthisNoteasiftheallongewere
`[Checkapplicablebox) O GraduatedPaymentAlfonge O GrowingEquityAllonge
`a padofthisNote.
`O Other[specify]
`6. BORROWER'SRIGHTTOPREPAY
`BorrowerhastherighttopaythedebtevidencedbythisNote,inwholeorinpart,withoutchargeorpenalty,onthe
`firstdayofanymonth.Lendershallacceptprepaymentonotherdaysprovidedthatborrowerpaysinterestontheamount
`prepaidfortheremainderofthemonthtotheextentrequiredbyLenderandpermittedbyregulationsoftheSecretary.
`IfBorrowermakesapartialprepayment,therewillbenochangesIntheduedateorintheamountofthemonthlypayment
`unlessLanderagreesinwritingtothosechanges.
`
`dayofeachmonth
`1ST
`dayof
`
`6. BORROWER'SFAILURETOPAY
`(A) LateChargefor OverduePayments
`IfLanderhasnotreceivedthefullmonthlypaymentrequiredbytheSecurityInstrument,asdescribedinParagraph4(C)
`calendardaysafterthepaymentisdue,Lendermayconecta latechargeinthe
`15
`ofthisNote,bytheendof
`4 ,000% ) oftheoverdueamountofeach
`percent(
`amountof FOUR
`payment
`(B) Default
`IfBorrowerdefaultsbyfailingtopayinful anymonthlypayment,thenLandermay,exceptasAmitedbyregulationsof
`theSecretaryinthecaseofpaymentdefaults,requireImmediatepaymentinfulloftheprincipalbalanceremainingdueand
`allaccruedinterest.Landermaychoosenottoexercisethisoptionwithoutwaivingitsrightsintheeventofanysubsequent
`defaullInmanycircumstancesregulationsissuedbytheSecretarywillAmitLander'srightstorequireimmediatepayment
`InfullInthecaseofpaymentdefaults.ThIsNotedoesnotauthorizeaccelerationwhennotpermittedby HUDregulations.
`AsusedInthisNote,"Secretary"meanstheSecretaryof HousingandUrbanDevelopmentorhisor herdesignee.
`FHAMultistatoFixedRateNoto-telss
`onlineDocurnants.Inc.
`
`Page 1 of 2
`
`P8700NOTos04
`
`iCKiiON
`S CERBr
`ATTORTEY
`the New York
`of
`2105
`to Section
`Pursuant
`I, an attomey
`Law and Rules,
`Civil Practice
`the
`of
`courts
`in the
`to practice
`admitted
`has been
`this copy
`that
`certify
`hereby
`State,
`and i
`by me with the original
`compared
`thereof
`and complete
`/
`true
`
`ATrORNEY
`
`6 ()d F
`15 of 27
`
`( o
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`(C)Paymentof Costsand Expenses
`If I.enderhasrequiredimmediatepaymentinfun,asdescribedabove,LandermayrequireBorrowertopaycosts
`andexpensesIncludingreasonableandcustomaryattomeys'feesforenforcingthisNotetotheextentnotprohibited
`byapplicablelaw.Suchfeesandcostsshallbearinterestfromthedateofdisbursementatthesamerateastheprincipal
`ofthisNote.
`7. WAiVERS
`BarrowerandanyotherpersonwhohasobligationsunderthisNotewaivetherightsofpresentmentandnoticeof
`dishonor"Presentment"meanstherightto requireLandertodemandpaymentofamountsdue."Noticeofdishonor"
`meanstherighttorequireLonderto givenotloeto otherpersonsthatamountsduehavenotbeenpaid.
`8. GIVINGOFNOTICES
`Unlessappilcablelawrequiresa differentmethod,anynoticethatmustbegivento BorrowerunderthisNotewin
`begivenby deliveringit or by maEngit byfirstclassmallto Borroweratthepropertyaddressaboveor ata different
`addressif BorrowerhasgivenLandera noticeof Barrower'sdifferentaddress.
`Anynoticethatmustbe givento I.enderunderthisNotewillbegivenbyfirstclassmallto I.enderattheaddress
`statedin Paragraph4{B)or at a differentaddressif BorrowerIsgivena noticeofthatdifferentaddress.
`9. OBI.IGATIONSOFPERSONSUNDERTHISNOTE
`IfmorethanonepemonsignsthisNote,eachpersonIsfu0yandpersonaAyobEgatedtokeepallofthepromises
`madeInthisNote,includingthepromisetopaytheMiamountowed.Anypersonwhoisaguarantor,suretyorendorser
`ofthisNoteisalsoobligatedtodothesethings.Anypersonwhotakesovertheseobligations,includingtheobligations
`ofa guarantor,suretyorendoraerofthisNote,18alsoobligatedto keepallofthepromisesmadein thisNote.Lander
`mayenforceitsrightsunderthisNoteagainsteachpersonIndMduallyoragainstattsignatoriestogether.An one rson
`signingthisNotemayberequiredto payanoftheamountsowedunderthisNote.
`s d coven
`BYSIGNINGBELOW,Borroweracceptsandagreesto the
`
`thisNote.
`
`R
`
`(seal)
`
`AT10RN
`
`Li
`omeste
`
`So
`d Funding Corp.
`I4!.ed5
`
`001
`
`PAY TO THE ORDER OF
`
`WITHOUT RECOURSE
`Wells 1%rgoBank, N.A.
`
`Judy L Imwis
`Vice President Loan Documentation
`
`RfAMulttstateREedRateNote-totss
`OntneDocumentsInc
`
`Page 2 of 2
`
`ParocNOTo804
`
`16 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`Schoharie
`284
`Main
`
`Schoharie,
`
`County
`Street,
`
`NY
`
`Clerk
`PO Box
`12157
`
`549
`
`Return
`
`to:
`
`PARSHALL
`
`2668
`
`STATE
`
`& WEST ATTYS
`HIGHWAY
`7
`
`COBLESKILL,
`
`NY 12043
`
`Instrument
`
`Mortgage
`
`Document
`
`Number:
`
`642929
`
`Book:
`
`1576
`
`Page:
`
`226
`
`Town:
`
`Schoharie
`
`Mortgagor
`
`CHICHESTER,
`
`JARRETT
`
`Mortgagee
`
`HOMESTEAD
`
`FUNDING
`
`CORP (MERS)
`
`Number
`
`of Pages:
`
`7
`
`Amount
`
`$142577.00
`
`Recorded
`
`Date/Time
`
`02/21/2013
`
`at
`
`2:28 PM
`
`Receipt
`
`Number
`
`111845
`
`Mortgage Tax Receipt
`Schoharie County Clerk Received:
`Tax # DD 984
`Basic Tax.........$713.00
`Special Additional Tax.........$356.50
`County Tax.........$356.50
`
`Note:
`
`** DO NOT REMOVE
`
`- THIS
`
`PAGE
`
`IS PART
`
`OF THE DOCUMENT
`
`**
`
`THIS
`
`PAGE
`
`CONSTITUTES
`
`THE CLERK'S
`
`ENDORSEMENT,
`
`REQ UIRED
`
`BY SECTION
`
`316-a(5)
`
`&
`
`319 OF THE REAL
`
`PROPERTY
`
`LAW OF THE STATE
`
`OF NEW YORK.
`
`M Indica
`
`Jaycox,
`
`County
`
`Clerk
`
`2oo8
`
`1576
`
`PAGE
`17 of 27
`
`226
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`HONESTEAD FUNDING CORP.
`ATTN: FINAL DOCUNENT DEPARTMENT
`8 AIRLINE DRIVE
`ALRANY, NY 12205
`
`co
`re u
`d and
`an and Wem,
`
`a
`
`E
`
`SChDharle COUnty fferk
`Document Number M2929
`2:28:15
`Revd 02/21/2013
`
`PM
`
`LoAN 5:
`
`State of New York
`
`[Trr
`
`ILt:
`
`7hist.Ino ForRecorcangrFt]
`MORTGAGE
`
`FHACaseNo.
`
`MIN
`
`THIS MORTGAGE ("Security Instrument")
`JARRETT CHICHESTER, NARRIED NAN
`
`is given on
`
`FEBRUARY 20 , 2013 .
`
`The Mortgagor
`
`is
`
`whose address is 249 STATE RTE 443
`NY 12157
`schoharie,
`("Borrower").
`"MERS"
`is Mortgage Electronic Registration Systems,
`Inc. MERS is a separate corporation that is acting solely as a
`nominee for Lander and Lender's successors and assigns. MERSis organized and existing under the laws of Delaware,
`and has a mailing address of P.O. Box 2026, Flint, MI 48501-2026, and a street address of 1901 E. Voorhees Street, Suite
`IL 61834. The MERS telephone number
`is (888) 079-MERS. FOR PURPOSES OF RECORDING THIS
`C, Danville,
`MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. This Security Instrument
`is givento
`HONESTEAD
`FUNDING CORP., A CORPORATION
`
`the laws of NSW YORK,
`existing under
`and whose address is
`8 AIRLIEE
`DRIVE, ALBANY, NY 12205
`
`which is organized and
`
`("Lender").
`Borrower owes Lender
`the principal sum of ***oNE HUNDRED FORTY TWO THOUSAND FIVE HUNDRED SEVENTY
`SEVEN AND N0/100******************************************
`Dollars (U.S.
`$142 ,577 .00
`).
`This debt is evidenced by Borrower's note dated the same date as this Security Instrument
`("Note"), which provides for
`monthly payments, with the full debt,
`if not paid earlier, due and payable on MARCH 1,
`2043 .
`This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
`renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under
`paragraph 7 to protect
`the security of this Security Instrument; and (c) the penormance of Borrower's covenants and
`agreements under
`this Security instrument and the Note. Borrower does hereby mortgage, grant and convey the
`Property to MERS (solely as nominee for Lender and Lender's successors in interest) and its successors in interest
`to the terms of this Security instrument.
`subject
`Borrower understands and agrees that MERS holds only legal title to the rights granted by Borrower
`in this Security
`instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and
`assigns) has the right:
`(A) to exercise any or all of those rights,
`including, but not limited to, the right
`to foreclose and sell the Property; and
`(B) to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
`Borrower gives MERS (solely as nominee for 1.ender and Lender's successors in interest)
`rights in the following
`described property located in Schoharie
`County, New York:
`
`FOR DESCRIPTION
`ATTACHED
`HERETO
`
`BY THIS
`COVERED
`OF PREMISES
`AND MADE
`A PART
`HEREOF.
`
`MORTGAGE,
`
`SEE
`
`SCHEDULE
`
`A
`
`FHANewYorkMortgage-4/96
`onaneDocuments.inc.
`
`Page
`
`1
`
`of 5
`
`NYEFHADE1212
`
`BOOK
`
`6
`
`6
`PA
`18 of 27
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`SCHEDULE
`
`A
`
`ALL
`
`THAT
`
`CERTAIN
`
`Schoharie,
`
`County
`
`PIECE
`of Schoharie
`
`OR PARCEL
`and
`State
`
`OF LAND
`situate,
`lying
`of New York,
`bounded
`
`and
`
`and
`
`being
`described
`
`in
`
`the
`
`Village
`
`of
`
`as
`
`follows:
`
`BEGINNING
`
`at
`
`Northerly
`
`boundary
`John
`
`distance
`
`thence
`
`boundary
`of Main
`
`and
`
`Evelyn
`
`of
`
`North
`
`205.8
`49°
`
`Porteus;
`feet
`40'
`
`East
`
`to
`
`a point
`
`in the
`
`Southerly
`
`boundary
`
`said
`
`a point
`
`in the Westerly
`of Main
`Street,
`a distance
`
`Street
`
`running
`of
`200.8
`39°
`
`thence
`
`North
`
`boundary
`thence
`
`of Bridge
`
`South
`
`Street,
`17'
`48°
`
`a point
`
`in the
`
`feet
`43'
`
`to
`West
`
`along
`
`said
`West
`
`point
`
`also
`
`along
`
`said
`
`Easterly
`
`boundary
`
`being
`
`in the
`
`Northerly
`of
`lands
`
`of Porteus
`
`of
`
`a
`
`said
`
`of
`
`Easterly
`lands
`of St.
`
`boundary
`Joseph's
`
`Church
`
`feet
`
`to
`
`a point
`
`in
`
`the
`
`along
`aforementioned
`
`Southerly
`
`boundary
`
`of St.
`
`Joseph's
`
`Church;
`a distance
`
`of
`
`Westerly
`of Bridge
`
`boundary
`Street
`
`of Bridge
`
`a distance
`
`of
`
`Street;
`201.1
`
`thence
`
`South
`
`feet
`
`to
`
`the
`
`point
`
`205.3
`38°
`
`25'
`
`East
`
`said
`
`along
`beginning.
`
`Westerly
`
`boundary
`
`and
`
`place
`
`of
`
`EXCEPTlNG
`
`conditions,
`
`AND
`
`restrictions
`
`RESERVING
`from
`and
`easements
`
`the
`
`above
`
`described
`
`parcel
`
`all
`
`enforceable
`
`covenants,
`
`of
`
`record.
`
`BEING
`
`more
`
`May
`
`2,
`
`1985,
`
`particularly
`filed
`in
`
`shown
`
`on
`
`the
`
`Schoharie
`
`a map
`County
`
`thereof
`
`Clerk's
`
`Richard
`
`by
`Office
`
`A.
`as Map
`
`Papa,
`No.
`
`P.L.S.
`
`2269,
`
`#49009,
`File
`No.
`
`1.
`
`dated
`
`2oo8
`
`1576
`
`PAGE
`19 of 27
`
`228
`
`

`

`FILED: SCHOHARIE COUNTY CLERK 10/04/2023 01:16 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-365
`
`RECEIVED NYSCEF: 10/04/2023
`
`which has the address of 221 NAIN STREET , Schoharie
`
`,
`
`New York
`
`12157
`[ZipCode]
`
`("Property Address");
`
`LOAN 4 :
`
`Istreet,