Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 11/01/2023
11
{5793857: }
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022
INDEX NYSCEF: 11/01/2023
FILED : ERIE COUNTY CLERK 12 / 22/2622 02 : 32 PM|
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, SUPPLEMENTAL NOTICE OF
PENDENCY
Plaintiff,
Index No.: 805833/2022
v.
MORTGAGED PREMISES:
CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road
TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033
Defendants. SBL No.: 243.03-3-23.11
Mortgage Servicer:
M&T Bank
Telephone Number 1-716-343-6260
NOTICE IS HEREBY GlVEN, That an action has been commenced and is pending in this
Court upon a complaint of the above named plaintiff against the above named defendants for the
foreclosure of the following mortgage(s):
Mortgage from Cody J. Nichols to Mortgage Electronic Registration Systems, Inc., as nominee for
M&T Bank, dated August 17, 2016, in the original principal amount of $77,900.00, and recorded
in the OfEce of the Clerk of the County of Erie on August 17, 2016 in Book 13776 at page 8046.
Said Mortgage was assigned by an Assignment of Mortgage executed on December 23, 2021 and
recorded in the OfBee of the Clerk of the County of Erie on Janumy 3, 2022 in Book 14033 at page
4636.
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FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022
INDEX NYSCEF: 11/01/2023
FILED : ERIE COUNTY CLERK 12/ 22 / 2022 02 : 32 PM)
NYSCEF DOC. No. 20 RECEIVED NYSCEF: 12/22/2022
AND NOTICE IS FURTHER GlVEN, that the mortgaged premises affected by the
foreclosure action, were, at the time of the commencement of action, and at the time of the filing
of this notice situate in the County of Erie in the State of New York, and are more particularly
"A."
described as set forth in the annexed Schedule
The Clerk of the County of Erie is directed to index this notice to the names of the
defendant(s).
Dated: December 22, 2022
Monroe County
Irondequoit, New York
Brettanie L. Hart Saxton, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
105180
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FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF
FILED
DOC.ERIE
NO. 92
COUNTY CLERK
RECEIVED
INDEX NYSCEF:
No. 11/01/2023
805833/2022
: 12 2 2 2 :
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/22/2022
Schedule A
Property Address:
8497 Heath Road
Colden, NY 14033
SBL No.: 243.03-3-23.11
ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New
York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey
bounded and described as follows;
BEGINNING at a point in the center line of the highway leading East from Colden Village, also
known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath
Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road;
THENCE Easterly and along the center line of said Heath Road 172 feet to a point;
THENCE Southerly at an interior angle of91 degrees 03 minutes with the center line of said Heath
Road 205 feet to a point;
. THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course
and parallel with the center line of said Heath Road 172 feet to a point;
THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course
and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the
point or place of BEGINNING.
Subject to easements, covenants, and restriction of record.
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FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF NO. 805833/2022
INDEX NYSCEF:
FILED DOC.
: NO. 92
ERIE COUNTY LERK 1 2 O 2 0 : 3 RECEIVED 11/01/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
M&T BANK, . SUPPLEMENTAL
SUMMONS
Plaintiff,
v. Index No. 805833/2022
CODY J. NICHOLS, MANUFACTURERS AND
TRADERS TRUST COMPANY, JOHN DOE,
Defendants.
To the above named Defendants:
You are hereby summoned to answer the complaint in this action and to serve a copy of your
answer, or if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiff s attorneys within thirty days after the service of this summons, exclusive of the day of
service, and in case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
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.
105180
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FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF
FILED
DOC. NO. 92
ERIE
RECEIVED
INDEX NYSCEF:
NO. 11/01/2023
805833/2022
: COUNTY CLERK 12 /22 / 2022 02 : 32 PM|
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
The foregoing summons is served upon you by publication pursuant to an Order of Honorable
Donna M. Siwek, Justice of the Supreme Court of the State of New York, signed the 15th day of
December, 2022 at Buffalo, New York.
The object of this action is to foreclose a mortgage on the following property
SBL No.: 243.03-3-23.11
ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New
York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey
bounded and described as follows;
BEGINNING at a point in the center line of the highway leading East from Colden Village, also
known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath
Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road;
THENCE Easterly and along the center line of said Heath Road 172 feet to a point;
THENCE Southerly at an interior angle of 91 degrees 03 minutes with the center line of said
Heath Road 205 feet to a point;
THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course
and parallel with the center line of said Heath Road 172 feet to a point;
THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course
and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the
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FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022
INDEX NYSCEF: 11/01/2023
FILED : ERIE COUNTY CLERK 12 /2 2 / 2 022 0 2:32 PM
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022
point or place of BEGINNING.
Subject to easements, covenants, and restriction of record.
These premises are also known as 8497 Heath Road, Colden, NY 14033.
Dated: December 22, 2022
Monroe County
Irondequoit, New York
Brettanie L. Hart Saxton, Esq.
Woods Oviatt Gilman LLP
AttorneysforPlaintzf
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
I05180
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Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 11/01/2023 11 {5793857: } FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022 INDEX NYSCEF: 11/01/2023 FILED : ERIE COUNTY CLERK 12 / 22/2622 02 : 32 PM| NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, SUPPLEMENTAL NOTICE OF PENDENCY Plaintiff, Index No.: 805833/2022 v. MORTGAGED PREMISES: CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033 Defendants. SBL No.: 243.03-3-23.11 Mortgage Servicer: M&T Bank Telephone Number 1-716-343-6260 NOTICE IS HEREBY GlVEN, That an action has been commenced and is pending in this Court upon a complaint of the above named plaintiff against the above named defendants for the foreclosure of the following mortgage(s): Mortgage from Cody J. Nichols to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank, dated August 17, 2016, in the original principal amount of $77,900.00, and recorded in the OfEce of the Clerk of the County of Erie on August 17, 2016 in Book 13776 at page 8046. Said Mortgage was assigned by an Assignment of Mortgage executed on December 23, 2021 and recorded in the OfBee of the Clerk of the County of Erie on Janumy 3, 2022 in Book 14033 at page 4636. 105180 1 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022 INDEX NYSCEF: 11/01/2023 FILED : ERIE COUNTY CLERK 12/ 22 / 2022 02 : 32 PM) NYSCEF DOC. No. 20 RECEIVED NYSCEF: 12/22/2022 AND NOTICE IS FURTHER GlVEN, that the mortgaged premises affected by the foreclosure action, were, at the time of the commencement of action, and at the time of the filing of this notice situate in the County of Erie in the State of New York, and are more particularly "A." described as set forth in the annexed Schedule The Clerk of the County of Erie is directed to index this notice to the names of the defendant(s). Dated: December 22, 2022 Monroe County Irondequoit, New York Brettanie L. Hart Saxton, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 105180 2 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF FILED DOC.ERIE NO. 92 COUNTY CLERK RECEIVED INDEX NYSCEF: No. 11/01/2023 805833/2022 : 12 2 2 2 : NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/22/2022 Schedule A Property Address: 8497 Heath Road Colden, NY 14033 SBL No.: 243.03-3-23.11 ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey bounded and described as follows; BEGINNING at a point in the center line of the highway leading East from Colden Village, also known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road; THENCE Easterly and along the center line of said Heath Road 172 feet to a point; THENCE Southerly at an interior angle of91 degrees 03 minutes with the center line of said Heath Road 205 feet to a point; . THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course and parallel with the center line of said Heath Road 172 feet to a point; THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the point or place of BEGINNING. Subject to easements, covenants, and restriction of record. 105180 3 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF NO. 805833/2022 INDEX NYSCEF: FILED DOC. : NO. 92 ERIE COUNTY LERK 1 2 O 2 0 : 3 RECEIVED 11/01/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE M&T BANK, . SUPPLEMENTAL SUMMONS Plaintiff, v. Index No. 805833/2022 CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, JOHN DOE, Defendants. To the above named Defendants: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff s attorneys within thirty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 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. 105180 1 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF FILED DOC. NO. 92 ERIE RECEIVED INDEX NYSCEF: NO. 11/01/2023 805833/2022 : COUNTY CLERK 12 /22 / 2022 02 : 32 PM| NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022 YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. This is an attempt to collect a debt and any information obtained will be used for that purpose. The foregoing summons is served upon you by publication pursuant to an Order of Honorable Donna M. Siwek, Justice of the Supreme Court of the State of New York, signed the 15th day of December, 2022 at Buffalo, New York. The object of this action is to foreclose a mortgage on the following property SBL No.: 243.03-3-23.11 ALL that tract or parcel of land, situate in the Town of Colden, County of Erie and State of New York, being part of Lot No. 52, Township 8, Range 6 of the Holland Land Company's Survey bounded and described as follows; BEGINNING at a point in the center line of the highway leading East from Colden Village, also known as Heath Road, 693.33 feet Easterly from the intersection of the center line of said Heath Road with the west bounds of Lot No. 52, as measured along the center line of said Heath Road; THENCE Easterly and along the center line of said Heath Road 172 feet to a point; THENCE Southerly at an interior angle of 91 degrees 03 minutes with the center line of said Heath Road 205 feet to a point; THENCE Westerly at an interior angle of 88 degrees 57 minutes with the last mentioned course and parallel with the center line of said Heath Road 172 feet to a point; THENCE Northerly at an interior angle of 91 degrees 03 minutes to the last mentioned course and parallel with the east bounds of Lot No. 52 as herein set forth 205 feet more or less to the 105180 2 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 92 RECEIVED NO. 805833/2022 INDEX NYSCEF: 11/01/2023 FILED : ERIE COUNTY CLERK 12 /2 2 / 2 022 0 2:32 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/22/2022 point or place of BEGINNING. Subject to easements, covenants, and restriction of record. These premises are also known as 8497 Heath Road, Colden, NY 14033. Dated: December 22, 2022 Monroe County Irondequoit, New York Brettanie L. Hart Saxton, Esq. Woods Oviatt Gilman LLP AttorneysforPlaintzf 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 I05180 3 of 3