FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`EXHIBIT A
`
`Defendant
`
`
`
`Any unknown heirs, devisees, distributees or
`successors in interest of the late Lisa B.
`Demarco, if living, and if any be dead, any and
`all persons who are spouses, widows, grantees,
`mortgagees, lienors, heirs, devisees,
`distributees, executors, administrators or
`successors in interest of such of them as may
`be dead, and their spouses, heirs, devisees,
`distributees and successors in interest, all of
`whom and whose names and places of
`residence are unknown to Plaintiff
`1137 Bay Rd
`Lake George, NY 12845
`
`United States of America by the Secretary of
`Housing and Urban Development
`United States Attorney`s Office, Northern
`District of New York
`Attn: Civil Division, 445 Broadway, Room 542
`Albany, NY 12207
`
`United States of America by the Internal
`Revenue Service
`United States Attorney`s Office, Northern
`District of New York
`Attn: Civil Division, 445 Broadway, Room 542
`Albany, NY 12207
`
`New York State Department of Taxation and
`Finance
`340 E. Main Street
`Rochester, NY 14604
`
`John Doe
`1137 Bay Rd aka 1137 Bay Road
`Queensbury, NY 12804 aka
`Lake George, NY 12845
`
`
`107435-1
`
`Possible heir of the Estate of the late Lisa B.
`Demarco having died a resident of Warren
`County on December 27, 2023. Said unknown
`heirs are being named due to their potential
`ownership interest in the property being
`foreclosed as Plaintiff could not locate a
`surrogate’s record for deceased borrower, Lisa
`B. Demarco.
`
`Subordinate Mortgagee by virtue of a
`mortgage recorded on April 15, 2014 in Book
`4967 at page 194.
`
`Named a Defendant by virtue of possible
`Estate Tax Liens, decedent being Lisa B.
`Demarco died December 27, 2023, a resident
`of Warren County.
`
`Named a Defendant by virtue of possible
`Estate Tax Liens, decedent being Lisa B.
`Demarco died December 27, 2023, a resident
`of Warren County.
`
`A fictitious name intending to represent tenants
`and/or occupants of the mortgaged premises.
`
`
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`EXHIBIT B
`
`
`
`Note(s):
`Note from Lisa B. Demarco (now deceased) dated October 28, 2011, in the original Principal
`amount of $135,183.00 plus interest.
`
`Mortgage(s):
`Mortgage from Lisa B. Demarco (now deceased) to Mortgage Electronic Registration Systems,
`Inc., as nominee for WCS Lending, LLC, dated October 28, 2011, in the original principal amount
`of $135,183.00, and recorded in the Office of the Clerk of the County of Warren on November 4,
`2011 in Document No: 2011-00008147.
`
`
`
`Said Mortgage was assigned by an Assignment of Mortgage executed on August 31, 2012 and
`recorded in the Office of the Clerk of the County of Warren on September 6, 2012 in Document
`No: 2012-00006761.
`
`
`
`Consolidation(s) and/or Modification(s) (if applicable):
`Said Mortgage was modified by a Loan Modification Agreement dated March 13, 2014 executed
`by Lisa B. Demarco (now deceased) and recorded in the Office of the Clerk of the County of
`Warren on August 11, 2014 in Book 5022 at page 156. Said Modification Agreement increases the
`principal balance of the debt to $125,521.43.
`
`
`
`
`
`107435-1
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`MIN:
`
`NOTE
`
`Loan Number :
`
`.
`
`FHACase No.
`
`OCTOBER2 8 , 2011
`
`[Datel
`
`BOCARATON
`
`[city]
`
`FLORIDA
`
`[state]
`
`1137 BAY ROAD, QUEENSBURY, NEWYORK 128 04
`
`[Property Address]
`
`PARTIES
`1.
`"Borrower"
`means each person signing
`the end of
`this Note, and the person's successors
`and assigns.
`"Lender"means WCS LENDING, LLC, A FLORIDA LIMITED LIABILITY COMPANY
`and its successors and assigns.
`
`at
`
`to
`
`2. BORROWER'SPROMISETO PAY; INTEREST
`sum of
`a loan
`from Lender,
`Borrower
`In
`return
`promises
`for
`received
`the
`pay
`principal
`ONE HUNDREDTHIRTY- FIVE THOUSANDONE HUNDREDEIGHTY- THREE AND
`00 /100
`Dollars (U.S. $ 135 , 183 . O0
`),
`to the order of Lender.
`Interest will be charged on unpaid principal,
`from the date of disbursement of
`plus interest,
`the rate of FOURAND 375/10 00
`the loan proceeds by Lender, at
`percent
`4 . 375 %) per year until
`the full amount of principal
`has been paid.
`(
`PROMISETOPAYSECURED
`Borrower's promise to pay is secured by a mortgage, deed of trust
`instrument
`is dated
`or similar
`that
`security
`the samedate as this Note and called the "Security
`Instrument."
`The Security
`Instrument protects
`the Lender from
`losses which might
`if Borrower
`defaults under this Note.
`result
`4. MANNEROFPAYMENT
`(A) Time
`shall makea payment of principal
`Borrower
`on DECEMBER1,
`2 011
`NOVEMBER, 2 041
`(B) Place
`Payment shall be made at
`FLORIDA 33431
`
`3.
`
`to Lender on the 1st
`day of each month beginning
`and interest
`1s t
`. Any principal
`and interest
`remaining on the
`day of
`Date."
`, will be due on that
`date, which is called the "Maturity
`951 YAMATOROAD, SUITE 15 O , BOCARATON,
`
`in writing
`
`by notice to Borrower.
`
`as Lender maydesignate
`(C) Amount
`be in the amount of U.S. $ 6 74 . 95
`Each monthly payment of principal
`and interest
`will
`This amount will be part of a larger monthly payment required by the Security
`shall be applied
`Instrument,
`that
`and other
`items in the order described in the Security
`principal,
`interest
`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
`into and shall amendand supplement
`of the allonge
`shall be incorporated
`the covenants of this Note as if
`the allonge
`were a part of thisNote.
`
`, or at such other place
`
`to
`
`MULTISTATE- FHA FlXED RATENOTE
`USFHA.NTE 09/25/09
`
`Page 1 of 3
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`www.docmagic,com
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`box.)
`
`by the Security
`as described in
`Instrument,
`is due, Lender maycollect a late
`the payment
`4 . O0 O %)
`percent
`(
`
`(Check applicable
`¡ Growing Equity Allonge
`¡ Graduated Payment Allonge
`¡ Other [specify]:
`5. BORROWER'SRIGHTTO 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
`the remainder of the month to the extent
`on the amount prepaid for
`required by Lender and permitted by regulations
`there will be no changes in the due date or
`of the Secretary.
`If Borrower makes a partial
`in the amount
`prepayment,
`of the monthly payment unless Lender agrees in writing
`to those changes.
`6. BORROWER'SFAILURETO PAY
`(A) Late Charge for Overdue Payments
`If Lender has not received the full monthly payment
`required
`Paragraph 4(C) of this Note, by the end of fifteen
`calendar days after
`charge in the amount of FOURAND 0 0 0 /10 OO
`of the overdue amount of each payment.
`(B) Default
`If Borrower
`then Lender may, except as limited
`defaults
`by failing
`to pay in full
`by
`any monthly payment,
`of the Secretary in the case of payment defaults,
`payment
`in full of the principal
`regulations
`balance
`inunediate
`require
`Lender maychoose not
`remaining due and all accrued interest.
`this option without waiving its rights
`to exercise
`in
`Lender'
`In manycircumstances,
`the event of any subsequent default.
`regulations
`issued by the Secretary will
`limit
`This Note does not authorize
`immediate payment
`in the case of payment defaults.
`rights
`to require
`in full
`acceleration
`when not permitted by HUDregulations.
`As used in this Note,
`"Secretary" meansthe Secretary
`of Housing and
`Urban Development
`or his or her designee.
`(C) Payment of Costs and Expenses
`If Lender has required immediate payment in full,
`as described above, Lender mayrequire Borrower
`to pay costs
`reasonable and customary attorneys'
`and expenses including
`fees for enforcing this Note to the extent not prohibited
`from the date of disbursement
`the same rate as the
`Such fees and costs shall bear interest
`by applicable
`law.
`at
`of this Note.
`principal
`7. WAlVERS
`Borrower and any other person whohas obligations
`under this Note waive the rights of presentment and notice
`"Presentment" means the right
`of dishonor.
`to demandpayment of amounts due.
`Lender
`"Notice of
`to require
`Dishonor" meansthe right
`Lender to give notice to other persons that amounts due have not been paid.
`to require
`8. GlVING OFNOTICES
`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
`the Property Address above or at a
`at
`address if Borrower has given Lender a notice of Borrower's
`different
`different
`address.
`Any notice
`that must be given to Lender under this Note will be given by delivering
`it or by mailing it by first
`class mail
`to Lender at
`the address stated in Paragraph 4(B) or at a different
`address if Borrower
`is given a notice of
`that different
`address.
`9. OBLIGATIONSOFPERSONSUNDERTHIS NOTE
`If more than one person signs this Note, each person is fully
`and personally
`to keep all of the promises
`obligated
`made in this Note,
`amount owed. Any person who is a guarantor,
`the promise to pay the full
`surety or
`including
`Any person who takes over these obligations,
`endorser of this Note is also obligated
`to do these things.
`including
`of a guarantor,
`to keep all of the promises made in
`surety or endorser of this Note,
`the obligations
`is also obligated
`
`s
`
`MULTISTATE- FHAFlXED RATENOTE
`USFHA.NTE 09/25/09
`
`Page 2 of 3
`
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`www.docmagic.com
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`Lender mayenforce its
`this Note.
`together. Any one person signing
`
`under this Note against each person individually
`or against
`all signatories
`rights
`this Note maybe required
`to pay all of the amounts owed under this Note.
`
`BY SIGNINGBELOW,Borrower
`
`accepts and agrees to the terms and covenants contained
`
`in this Note.
`
`LISA B.
`
`. DEMARCO
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`[Sign Original Only]
`
`MULTISTATE- FHAFiXED RATENOTE
`USFHA.NTE09/25/09
`
`Page 3 of 3
`
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`www.docmagic.com
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`ALLONGETONOTE
`
`Loan Number:
`Loan Date: OCTOBER28, 2011
`LISA B DEMARCO
`
`Borrower(s):
`
`Property Address:
`
`1137 BAYROAD
`QUEENSBURY,NEWYORK12804
`
`Principal Balance:
`
`$135,183,00
`
`PAYTOTHEORDEROF
`WELLSFARGOBANK,N.A.
`
`Without Recourse
`
`CompanyName: WCSLENDING, LLC, A FLORIDALIMITED LIABILITY
`COMPANY
`
`By:
`AVI MIZRAHI
`
`VICE PRESOENT
`
`Pay to the Order of
`
`Without Recourse -
`
`---
`
`By ___.
`
`Scott M Swanson
`Vice President
`Assistant
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`The ort of representing
`
`peoplee
`
`CERTIFICATIONATTACHMENT
`
`DATEOFNOTE:
`
`ORIGINALLOANAMOUNT:
`
`PROPERTYADDRESS:
`
`BORROWERNAME:
`
`Pursuant of CPLR2015 I have comparedthe attached document with the original
`and found it
`and complete copy. The reason this attachment
`to be a true
`is being used is because there is not enough room on the
`copy ofthe original
`to place, said certification
`at
`the bottom there of. This certification.is
`used to complywith CPLR2105, and subdequent case law,
`to be
`intended
`the certification
`that
`requiring
`the document to be certified.
`I?e'at½iBiehd of
`SIGNED:
`
`NAME:
`
`DATE:
`
`{9384636: }
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`
`WARREN COUNTYWARREN COUNTY
`NYSCEF DOC. NO. 4
`
`PAMELA J. VOGELPAMELA J. VOGEL
`
`COUNTY CLERK DOCUMENT -1:COUNTY CLERK DOCUMENT -1:
`
`0000814700008147
`:
`
`Lake George, NVRiagE = 4360 PAGE:Lake George, NVRiagE = 4360 PAGE:
`89
`89
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`Instrument Number: 2011- 00008147
`Instrument Number: 2011- 00008147
`As
`As
`Mortgage
`Mortgage
`
`Volm-4360 Pg-89
`Volm-4360 Pg-89
`
`Billable Pages:
`Billable Pages:
`
`Num Of Pages:
`Num Of Pages:
`
`10
`10
`
`11
`11
`
`**
`" Examined and Charged as Follows: "
`" Examined and Charged as Follows: "
`
`Cover Page
`Cover Page
`
`5.00
`5.00
`
`
`
`111 iii111 iii
`
`
`
`WIWI
`
`so
`
`
`Recorded On:Recorded On:
`Parties:
`Parties:
`
`Recorded By:
`Recorded By:
`
`Comment:Comment:
`
`
`November 04, 2011November 04, 2011
`DEMARCO LISA B
`DEMARCO LISA B
`To
`To
`WCS LENDING LLC
`WCS LENDING LLC
`
`BROADWAY TITLE
`BROADWAY TITLE
`
`Mortgage
`Mortgage
`
`Recording Charge:
`Recording Charge:
`
`90.50
`90.50
`
`95.50
`95.50
`
`Mortgage Tax
`Mortgage Tax
`QUEENSBURY
`QUEENSBURY
`
`Amount
`Amount
`1,665.00
`1,665.00
`
`Consideration
`Consideration
`Amount RSMCS#
`Amount RSMCS#
`135,183.00 DC 1457
`135,183.00 DC 1457
`
`Tax Charge:
`Tax Charge:
`
`1,665.00
`1,665.00
`
`Basic
`Basic
`
`Local
`Local
`Additional
`Additional
`
`676.00
`676.00
`338.00 Special Additional
`338.00 Special Additional
`313.00 Transfer
`313.00 Transfer
`
`338.00
`338.00
`0.00
`0.00
`
`RECORDED
`RECORDED
`COUDLY Clerks Office
`COUDLY Clerks Office
`Nov 04,2011 10:31A
`Nov 04,2011 10:31A
`Pamela J. Vogel
`Pamela J. Vogel
`Warren Counts Clerk
`Warren Counts Clerk
`
`" THIS PAGE IS PART OF THE INSTRUMENT "
`" THIS PAGE IS PART OF THE INSTRUMENT "
`I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY
`I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY
`
`File Information:File Information:
`Record and Return To:
`Record and Return To:
`
`Document Number:Document Number:
`2011- 00008147
`2011- 00008147
`WCS LENDING LLC
`WCS LENDING LLC
`
`Receipt Number:Receipt Number:
`232429
`232429
`951 YAMATO ROAD
`951 YAMATO ROAD
`
`Recorded Date/Time:Recorded Date/Time:
`November 04, 2011 10:31:44A
`November 04, 2011 10:31:44A
`SUITE 150
`SUITE 150
`Book-Vol/Pg:
`Book-Vol/Pg:
`Bk-RP VI -4360 Pg-89
`Bk-RP VI -4360 Pg-89
`BOCA RATON FL 33431
`BOCA RATON FL 33431
`Cashier / Station: T Ryther / Cash Station 2
`Cashier / Station: T Ryther / Cash Station 2
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`
`Mortgage Recording Tax:
`Mortgage Recording Tax:
`
`.
`
`00008147
`DOCUMEHTt
`DOCUMENT
`00008147
`
`VOLUME: 4360 PAGE:VOLUME: 4360 PAGE:
`
`9090
`
`%
`%
`
`611 Alter Recording Return To:
`611 After Recording Return To:
`WCS LENDING, LLC
`WCS LENDING, LLC
`11
`951 YAMATO ROAD, SUITE 150
`951 YAMATO ROAD, SUITE 150
`BOCA RATON, FLORIDA 33431
`I11
`BOCA RATON, FLORIDA 33431
`Loan Number:
`Loan Number:
`
`I
`
`qs./'
`
`Us'
`
`
`
`[Space Above This Line For Recording Data][Space Above This Line For Recording Data]
`
`
`
`MORTGAGEMORTGAGE
`
`FHA CASE Na
`FHA CASE NO.
`
`MIN:
`MIN:
`
`THIS MORTGAGE ("Security Instrument") is given on OCTOBER 28 , 2011
`THIS MORTGAGE (" Security Instrument") is given on
`OCTOBER 2 8 ,
`2 011
`The mortgagor is LISA B.. DEMARCO , A MARRIED WOMAN
`The mortgagor is LISA B . DEMARCO , A MARRIED WOMAN
`
`1137 BAY ROAD, QUEENSBURY , NEW YORK 12 8 0 4
`whose address is 1137 BAY ROAD, QUEENSBURY , NEW YORK 12 8 0 4
`whose address is
`
`("Borrower"),
`("Borrower"),
`
`).
`
`This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS
`This Security Instrument is given to Mortgage Electronic Registration Systems, Inc.
`("MERS") as Mortgagee. MERS
`
`in the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organised andin the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organised and
`existing under the laws of Delaware, and has a mailing address of P.O. Box 2026, Flint, MI 48501-2026 and a street
`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 C, Danville, IL 61834. MERS telephone number is (888) 679-MERS.address of 1901 E. Voorhees Street, Suite C, Danville, IL 61834. MERS telephone number is (888) 679-MERS.
`WCS LENDING, LLC, A FLORIDA LIMITED LIABILITY COMPANY
`WCS LENDING, LLC, A FLORIDA LIMITED LIABILITY COMPANY
`("Lender")
`("Lender")
`FLORIDA
`FLORIDA
`
`is organized and existing under the laws ofis organized and existing under the laws of
`,
`and has an address of 951 YAMATO ROAD, SUITE 15 0 , BOCA BATON, FLORIDA
`and has an address of 951 YAMATO ROAD, SUITE 15 0 , BOCA RATON, FLORIDA
`3 3 4 31
`3 3 4 31
`Borrower owes Lender the principal sum of ONE HUNDRED THIRTY- FIVE THOUSAND ONE
`Borrower owes Lender the principal sum of ONE HUNDRED THIRTY-FIVE THOUSAND ONE
`HUNDRED EIGHTY-THREE AND 0 0 /10 0
`HUNDRED EIGHTY-THREE AND 0 0 / 10 0
`Dollars (U.S. $ 13 5 , 18 3 . 0 0
`Dollars (U.S. S 13 5 , 18 3 . 0 0
`This debt is evidenced by Borrower's note dated the same dateas this Security Instrument ("Note"), which provides
`This debt is evidenced by Borrower's note dated the same dateas this Security Instrument ("Note"), which provides
`for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2 041
`for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2 041
`This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
`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, advancedall 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 performanceof Borrower's covenantsunder paragraph 7 to protect the security of this Security Instrument; and (c) the performanceof Borrower's covenants
`and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
`and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
`and convey to MERS (solely as nominee for Lender and Lender' s successors and assigns) and to the successors andand convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
`
`assigns of MERS the following described property located in WARRENassigns of MERS the following described property located in WARREN
`
`
`County,County,
`New York:
`New York:
`
`.
`
`.
`
`Section:
`Section:
`
`Block:
`Block:
`
`
`
`Lot(s)/Unit No(s).:Lot(s)/Unit No(s).:
`
`FHA NEW YORK MORTGAGE -MFRS
`FHA NEW YORK MORTGAGE - MESS
`NYMTGZ.FHA 11/29/10
`NYMTGZ.FHA 11/29/10
`
`Page 1 of 9
`Page 1 of 9
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`www.doanagic.corn
`www.doanaglc. mm
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`000081 47
`DOCUMENT
`DOCUMENT
`00008 1 47
`VOLUME= 4360 PAGE:
`VOLUME= 4360 PAGE:
`91
`91
`
`SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS
`SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS
`EXHIBIT "A".
`EXHIBIT "A".
`
`which has the address of
`which has the address of
`
`QUEENSBURY
`QUEENSBURY
`[City]
`Kifyl
`
`1137 BAY ROAD
`113 7 BAY ROAD
`[Street]
`[Street]
`
`, New York
`, New York
`.
`
`12 8 04
`12 8 04
`[Zip Code]
`[Zip Codel
`
`("Property Address"):
`("Property Address"):
`
`TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
`TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
`appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
`appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
`covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
`covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
`Borrower understands and agrees that MERS holds only legal title to the interests grantedby Borrower in this Security
`Borrower understands and agrees that MERS holds only legal title to the interests grantedby Borrower in this Security
`Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
`Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
`and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
`and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
`and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling
`and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling
`this Security Instrument.
`this Security Instrument.
`BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
`BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
`mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
`mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
`Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
`Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
`encumbrances of record.
`encumbrances of record.
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
`limited variations by jurisdiction to constitute a uniform security instrument covering real property.
`limited variations by jurisdiction to constitute a uniform security instrument covering real property.
`
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
`Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
`1.
`1.
`interest on, the debt evidenced by the Note and late charges due under the Note.
`interest on, the debt evidenced by the Note and late charges due under the Note.
`2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly
`2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly
`payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
`payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
`special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
`special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
`Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
`Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
`mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
`mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
`which such premium would have been required if Lender still held the Security Instrument, each monthly payment
`which such premium would have been required if Lender still held the Security Instrument, each monthly payment
`shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
`shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
`or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
`or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
`in a reasonable amount to be determined by the Secretary. Exceptfor the monthly charge by the Secretary, these items
`in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
`are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
`are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
`Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
`Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
`maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
`maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
`Act of 1974, 12 U. S. C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended
`Act of 1974, 12 U. S. C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended
`from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
`from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
`or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
`or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
`the mortgage insurance premium.
`the mortgage insurance premium.
`
`FHA NEW YORK MORTGAGE - MERS
`FHA NEW YORK MORTGAGE - MERS
`NYMTGZ.FHA 11/29/10
`NYMTGZ.FHA 11/29/10
`
`Page 2 of 9
`Page 2 of 9
`
`Dochlagle WOMBS
`Doeldagle ELITtnues
`www.docrnagic.com
`www.doonagle.com
`
`..
`
`

`

`FILED: WARREN COUNTY CLERK 01/17/2025 02:43 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. EF2025-73523
`
`RECEIVED NYSCEF: 01/17/2025
`00008147
`00008147
`DOCUMENT
`DOCUMENT
`VOLUME: 4360 PAGE:
`VOLUME: 4360 PAGE:
`92
`92
`
`If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
`If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
`
`account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any timeaccount to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time
`
`are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to makeare not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make
`up the shortage as permitted by RESPA.
`up the shortage as permitted by RESPA.
`
`The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
`
`IfIf
`
`Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balanceBorrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
`
`remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender hasremaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
`not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
`not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
`Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
`Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
`credited with any balance remaining for all installments for items (a), (b), and (c).
`credited with any balance remaining for all installments for items (a), (b), and (c).
`3. Application of Payments. All payments under paragraphsland 2 shall be applied by Lender as follows:
`3. Application of Payments. All payments under paragraphsland 2 shall be applied by Lender as follows:
`FIRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
`FIRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
`the Secretary instead of the monthly mortgage insurance premium;
`the Secretary instead of the monthly mortgage insurance premium;
`SECOND to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
`SECOND to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
`insurance premiums, as required;
`insurance premiums, as required;
`THIRD to interest due under the Note;
`THIRD to interest due under the Note;
`FOURTII to amortization of the principal of the Note; and
`FOURTH, to amortization of the principal of the Note; and
`FIFTH, to late charges due under the Note.
`FIFTH, to late charges due under the Note.
`4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
`4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
`whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,
`whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,
`for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
`for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
`Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
`Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
`subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
`subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
`companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
`companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
`loss payable clauses in favor of, and in a form acceptable to, Lender.
`loss payable clauses in favor of, and in a form acceptable to, Lender.
`In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
`In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
`made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
`made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
`for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
`for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
`proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
`proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
`this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
`this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
`of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
`of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
`principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
`principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
`change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
`change