Preview
FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM INDEX NO. E2024010988
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3928293
Book Page CIVIL
Return To: No. Pages: 62
MARK ANDREW DREXLER
Instrument: EFILING INDEX NUMBER
Control #: 202407031336
Index #: E2024010988
Date: 07/03/2024
Family First Federal Credit Union Time: 3:41:05 PM
Brannigan, David E
Brannigan, Sandra S
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: CW
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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SUPREMECOURT STATEOFNEWYORK
COUNTYOFMONROE
Family First Federal Credit Union CONSUMER
CREDITTRANSACTION
2520 Browncroft Blvd.
Rochester NY 14625
Plaintiff SUMMONS
-vs-
Index No.
David E. Brannigan
231 Raphael Drive
Webster NY 14580
Sandra S. Brannigan
231 Raphael Drive
Webster NY 14580
The transaction took place in the
County of Monroe
Defendant(s).
To the above named Defendant(s) :
You are hereby summonedto answer the complaint in this action and to serve a copy ofyour answer, or,
if the complaint is not served with this summons, to serve a notice of appearance,
on the Plaintiff's Attorney(s)
within 20 days after the service ofthis summons, exclusive ofthe day ofservice (or within 30 days after the service
is complete if this summons is not personally delivered to you within the State of New York); and in case ofyour
failure to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
The basis of the venue designated is: Residence of Defendant
Dated: July 3, 2024
Defendants'
Address:
231 Raphael Drive
Webster NY 14580
TREVETTCRISTO
Attorneys for Plaintiff
500 Canal View Blvd., Suite 600
Rochester, NewYork 14623
(585) 295-7785
This firm previously mailed a Debt Validation Notice (the "Notice") to you stating that you have until
07/24/2024 to dispute all or part of the debt. This Summons does not affect your right to dispute the debt with our
firm. The Notice does not affect your dealings with the court, and in particular it does not change the time at
which you must Answer the Complaint. The Summonsis a commandfrom the Court, not from this firm, and you
must follow its instructions even if you dispute the validity or amount of the debt. The Notice also does not affect
this firm's relations with the Court. As a law firm, we may file papers in the suit according to the Court's rules
and the Judge's instructions.
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COURTSTATEOFNEWYORK
SUPREME
COUNTY
OFMONROE
Family First Federal Credit Union
2520 Browncroft Blvd.
Rochester NY 14625
Plaintiff COMPLAINT
-vs-
Index No.
David E. Brannigan
231 Raphael Drive
Webster NY 14580
Sandra S. Brannigan
231 Raphael Drive
Webster NY 14580
Defendant(s).
Plaintiff, by the undersigned attorneys, as and for its Complaint herein alleges as follows:
(1) a federally chartered credit union, with offices for the transaction of business in
Plaintiff is the
County of Monroe and State of New York and is the original creditor of the debt(s) at issue in this action.
(2) Upon information and belief, Defendant(s) David E. Brannigan & Sandra S. Brannigan is a/are
resident(s) of County of Monroe and State of NewYork.
the
AS ANDFORA FIRST CAUSEOFACTION
(3) Paragraphs 1 through 2 are hereby re-alleged with the same force and effect as if fully set forth
herein.
Defendant(s)
(4) owes/owe Plaintiff a balance of $6,491.37, including finance charges calculated at the
annual percentage rate of 15.00% to May 31, 2024, for money lent by Plaintiff pursuant to the terms of a Note
and Mortgage Agreement annexed hereto as Exhibit A executed by Defendant(s), as borrower(s), on or about
July 6, 2017. Finance charges continue to accrue at said rate.
(5) The of the account number printed on the most recent monthly statement recording
last four digits
a purchase transaction, last payment or balance transfer are X1061-01. The last payment made on your account
was $445.00 paid on May 31, 2024. Plaintiff seeks judgment of $6,491.37 computed as follows:
$6,491.37 Principal
$0.00 Finance charge or interest through May 31, 2024
$0.00 Late charges and/or other fees imposed by Plaintiff
(6) Defendant(s) has/have defaulted in the repayment of said loan.
(7) As a consequence of said the Defendant(s)
default, owes/owe the Plaintiff its reasonable attorneys
fees in accordance with the terms of said Note and Mortgage Agreement.
AS ANDFORA SECONDCAUSEOFACTION
(8) Paragraphs 1 through 7 are hereby re-alleged with the same force and effect as if fully set forth
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
herein.
(9) Defendant(s) owes/owe Plaintiff a balance of $46.91, including finance charges calculated at the
annual percentage rate of 2.00% to May 31, 2024, for money lent by Plaintiff pursuant to the terms of a Checking
Account Agreement annexed hereto as Exhibit B executed by Defendant(s), as borrower(s), on or about April 5,
2013. Finance charges continue to accrue at said rate.
(10) The last of the account number printed on the most recent monthly statement recording
four digits
a purchase transaction, last payment or balance transfer are X1061-30. There have been no payments made on the
account. Plaintiff seeks judgment of $46.91 computed as follows:
$46.91 Principal
$0.00 Finance charge or interest through May 31, 2024
$0.00 Late charges and/or other fees imposed by Plaintiff
(11) Defendant(s) has/have defaulted in the repayment of said loan.
(12) As a consequence of said owes/owe the
default, the Defendant(s) Plaintiff its reasonable attorneys
fees in accordance with the terms of said Checking Account Agreement.
WHEREFORE,
Plaintiff demandsjudgment against Defendant as follows:
A. $6,491.37 on the first cause of action;
B. $46.91 on the second cause of action;
Together with finance charges and interest from May 31, 2024, plus costs, disbursements, reasonable
attorney fees in the amount of $2,179.21 or in such amount as determined by the court and other such further
relief as to the court may seemjust and proper.
Dated: July 3, 2024
MARKA. DREXLER,ESQ.
Trevett Cristo
Attorneys for Plaintiff
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
EXHIBIT A
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2520 Browncroft Bird.
Rodmner, Nm625 REALESTATELENDINe
n
&nk ans hr eft
POWEREDBY
cUNAMUWR NOTE
GRouP
NUMBE
CON1RACT NUMBER
REFERENCE MATURITYDATE
DATE NUMBER
ACCOUNT LOANID# 4
R NAME2 #3"
07/15/2024
07/06/2017 1081 01 "
BORROWERdI . · .BORItO.WERi2
.
ADDRESS (AND IF DIFFERENTFROMBORROWER
1)
NAMEANDADDRESS .
DAVIDE BRANNIGAN SANDRA
S BRANNIGAN
231 Raphael Drive . 231 Raphael Dr
Webster NY ;l4580 Webster NY 14580
BORROWER
3 . . BORROWER
4
CITY STATE ZIP CODE
PROPERTY
ADDRESS
Webster NY 14580
231 Raphael Drive
'
ORGANIZATION
LOANORIGINATOR NMLSRID NUMBER
NYFCU 453880
Family First of
ID NUMBER
NMLSR
LOANORIGINATOR
Chiccino 1546998
May S.
FAILURETOPAYASREQUIRED-
BORROWER'S
agreement "Borrower" or person who signs, or
"I"
In this mean each 4.
Payments:
otherwise authenticates, this Note. The Lender, as defined below and (A) Late Charge for Overdue
anyone who takes this Note by transfer and Is entitled to receive if your payment is more than 15 days late, your lender will charge a
payments under this Note will be oalled the "Note Holdet.
late fee of 2%of the monthly principal and Interest payment.
1. BORROWER'S TO PAY=
PROMISE In retum for a loan that I
have received, I promise to pay U.S. $ 23,000.00 (this amount
be called
will plus interest, to the order of the Lender. The the full amount of each
(B) Notice From Note Holder: If I do not pay
"principal"),
Lender is send a written notice
monthly payment on eime, the Note Holder may
Family First of NY Federal Credit Union stating that If I do not pay the overdue amount by a certain date I will
I understand that the Lender may transfer this Note.
be in default That date must be at least 10 days after the
date on
mailed not malled, 10 days after the date
- at a yearly rate of 15.000 %. which the notice is or, If It is
2. INTEREST I will pay Interest
will be charged on that part of principal which has not been on which it is delivered.
Interest
pald. Interest will be charged beginning on the date of this
Note and
(C) Default: If I do not pay the overdue
amount by the date stated In
continuing until the full amount of principal has been paid.
If I amin default,
the notice described In (B) above, I will be in default
amount of
payments the Note Holder may require Immediate payment of the full
- I will
PAYMENTS pay principal and interest by making owe on
3.
payments on principal which has not been paid and all the interest that I
make my that amount. Even if, at a time when I amin default,
each month of U.S. $ 444.78 . I will the Note Holder
the 15 day of each month beginning on 08t15/2017 . I will does not require Immediate payment of the full amount as
described
make these payments every month until I have paid all of the Holder will still have the right to do so if I am in
above, the Note
principal and interest and any other charges, described below, a later time.
, I still owe
default at
that I may owe under this .Note. If, on 07/15/2024
Costs and Expenses: If the Note
(D) Payment of Note Holder's
d wil ke y mo thly y en Holder has required Immediate payment in full as described above, .
of its costs
the Note Holder will have the right to be paid back for all
NYFCU applicable law. Those
Family First of and expenses to the extent not prohibited by
attomeys' fees.
2520 Browncroft Blvd. expenses include, for example, reasonable
Rochester, NY 14625 ORDEEDOFTRUST
BYA MORTGAGE
6. THIS NOTESECURED
or at a different place if required by the Note Holder. - given to the Note Holder under this
In addition to the protections
Trust, dated the same date as
Deed of this Note,
Note, a Mortgage or
might result If I
protects the Note Holder from possible tossels which
Mortgage
do not keep the promises which I make In this Note. That
I may be
or Deed of Trust describes how and under what conditions
ENY660-E
Page 1 or 2 .
©cUNAMutual Group 2015All Rights Reserved
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
. "
reqnlred to make Immediate payment In full of all am.ounts that I owe 9. RESPONSIBILITY.OF UNDERTHIS NOTE-
PERSONS If more
than one jierson signs, or otherwise authenticates this Note, each
under this Note,
Borrower is fully and personally obligated to pay the fu8 amountowed
8. BORROWER'S BEFORETHEYAREDUE
PAYMENTS I have and to keep all of the promises made in this Note. Any guarantor,
described in Section 7 above) is
the right make payments of principal at any time before they are
to surety, or endorser of this Note (as
due. A payment of priticipal only 18 known as a "prepayment"s WhenI also obligated to do the same. The Note Holder may enfort:e its rights
under thip Note against each Borrower individually or against all
make a prepayment, I wiN tell the Note Holder in a letter that I .am
as a This means that any .one Borrower may be
doing so. A prepayment of all of the unpaid principal 1s known Borrowers togéther.
"full prepayment". A prepayment of only part of the unp.ald principal is required to pay all of the amounts owed under this Note. No person
known as a "partial girepayment". may.take over the obligaBons.of this Note without the exliress written
. permissiori of the Note ‰older. Any person who takes over the rights
I may make a prepayment or a partial repayment without giaying
full or obligations of a guarantor, surety, or endorner of this f¾te (as
any penalty. The Note Holder will use all such prepayments to reduce described in Section 7 above) is also obligated to keep all of the
. the amount of principal that I owe under this Note. If I make a partial promises madein this Note.
prepayment, there will be no delays In the due dates or changes |n
dhe arnounts of any monthly.payments unless the Note Holder agrees '10, BA1,=OONPAYN.IENT.-. ,
. . . .
in writing to those delays or changes. I may make a full prepayment
at any time. If I choose to make a partial prepayment, the Note
Holder may require the prepayment on the sameday that a monthly
¡ The following
notice only applies if the box at the left is checket
payment is due. The Note Holder may also require that the amount of THETERMOFTHELOANIS YEARS.AS A RESULT, YOU
any partial prepayment.be equal to the amount of principal that would WILL BE REQUIRED TO REPAYTHE ENTlRE PRINCIPAL
have.been part of the next one or more monthly payments. .
BALANCEANDANYACCRUED INTERESTTHENOWING
YEARSFROMTHEDATEONWHICHTHELOANIS slAãE.
7. WAlVERS-
BORROWER'S I waive the .right to require the Note
. Holder to do certain .things. Those things .are: (A) to dernand payment THELÈNDER HASNOOBLIGATIONTO REFINANCETHIS LOAN
of arnounts due (known as "prea,entment"); (B) to. give notice that THE END OF ITS TERM. THEREFORE,YO.U MAY BE
amounts due have not been paid (kDown as "notice of dishonor"); (C) REQUIREDTO REPAYTHE LOAN OUTOF ASSETSYOUOWN
to obtain an official certification of nonpayment (known as a
ORYOUMAYHAVETO FIND ANOTHER LENDERWILLING TO
"protest"). Anyone else who agrees to keep the promises made in REFINANCE THE LOAN. ASSUMINGT HIS LENDER..ORANOTHER
this Npte, or who agrees to make payments to the Note Holder if I falf LliiNDER REPINA.NCESTHIS LOANAT MATURITY, YOUWILL
to keep the prominen agreed upon under this Note, or who signs, .or PROBABLYBE CHARGEDINTEREST AT MARKETRATES
otherwise authendcates, this Np-te to transfer It to someone else also
PREVAILING ATTHATTIME ANDSUCHRATESMAYB.E HIGHER
waives mese e. These pergons are known as arantorst - THANTHE INTERESTRATE ON THIS LOAN. YQU.MAYALSO
sureties and endorsers". . . .
. HAVETO. PAY SOMEOR AR OF THEnOSING COSTS
NORMALLY ASSOCIATED WITHA NEW NJORTGAGE LOAN.
8. GIVING OFNOTICES Any notice that mu_t be given under this
.
Note will be given by delivering it or by mailing it by First Class mail
addressed to the Borrower at the Property Address above. A notice
%A TIONALPRÖVISIONS
--
will be delivered or mailed to the Borrower at a different address If the
Sorrower provides Written notic9 to the Note Holder of such different
. address.
Any that must be given to the Note Hokler under this Note wlB
notice
..be given by mailing It by First Class mall.to the Note Holder at the
address stated in Section 3 above. A notice will be malled to the Note
Holder at a different address if the Borrower is given notice of that
different address.
DEPAULTIN THEPAYMNT OFTHI§ LOANASREENIENT MAYRESUJJJN THELOSSOFTHEPROPESTY SEQUIÇlNGTHE
LQAN.·UNDWR FEDIERALLAW, YOUIVIAY HAVETHERIGHT TOCANÇEL T HIS AGREEMENT.IP YQUHAVE Ti(IS RIGHT,
TilE GitEQlTQR IS REQUIRED TO PROVIDE YOUWITH A SEPARATE WRITTEN NOTICE
SPECIFYlNG THE
CIRCUþlSTANCES ANDNildESUblDIER VyHICHYCU CANEXERCISÇiTHIS RIGHT.
-
ate Borrower 2 Signatûre . Date
Burrower t Signature
DAVIDE BRANNIGAN SANDRA
S BRANNJGAN
Signature . Date
Signature Date
Sean
an
¡ Borrower 3 Witness O Borrower 4 Witness
ENY660-E
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
PREPARED
BY:
Family First of NY FCU
2520 Browncroft Blvd
Rochester, NY 14625
WHENRECORDED,MAIL TO
Family First of NY FCU
2520 Browncroft Blvd
Rochester, NY 14625
MORTGAGE
·WORDS USEDOFTENIN THI.SDOCUMENT
(A)"Mortgage." JULY 6, 2017
This document, which Is dated , will be called
"Mortgage."
the
(B) "Borrower.
DAVID BRANNIGAN
SANDRABRANNIGAN
dBorrower" "l."
sometimes be called the and sometimes strnply Borrower's
will
addressis231 Raphael Drive
Webst9r NY 14 5 ao
.
(C) "Lender."Pamily Pirst of NY Fedgral Cygpit Union
"Lender." Lender is a corporation or association which was formed
will be called
and which exists under the laws of
New York state
Lender's address is 2520 Brownerof t Blvcl
Rochester. NY 14625
(D)
"Note." The note signed, otherwise authenticated, by Borrower and dated
07/06/1.7 .and extensions and renewals of that note, will be called the
"Note."
The Note shows that I owe Lender U.S. $ $23.000.00 plus
interest, which 1 have promised to pay In full by 9/14/94 .
"Property." The property that is described befow in the section titled "Description
(E) Property" "Property."
of the will be called the
OFRIGHTSIN THE PROPERTY
TRANSFERTOLENDER
BORROWER'S of this
I mortgage, grant and convey the Property to Lander subject to the terms
this Mortgage, I am
Mortgage. This means that, by signing, or otherwise authenticating, the
giving Lender those rights that
are stated in this Mortgage and also those rights that
law gives to lenders who hold
Section: Block:
Lot: Unit:
ENY25E-e
CUNAMutual Group 2013 All RightsRese,ved page 1
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
mortgages on real property. I am giving Lender these rights to protect Lender from
possible losses that might result if I do not:
(A) Pay all the amounts that I owe Lender as stated in the Note:
(B) Pay, with Interest, any amounts that Lender spends under this
Mortgage to protect
the value of the Property and Lender's rights in the Property;
(C) Keep all of my promises and agreements under this
Mortgage.
With respect to the amounts that I owe under the Note and under this Mortgage, I
exemption.'
(D)
waive the benefit of the right which is known as the 'homestead A
homestead exemption is a property owner's right to keep a portion of his property
(usually up to a certain dollar amount)
free from the claims of creditors. My waiver of this
right means that the Lender may exercise all of Its rights under this Mortgage
as if I were
not entitled, under law, to the benefits of a homestead exemption.
DESCRIPTIONOFTHE PROPERTY
I give Lender rights in the following Prope:ty:
(A) The property which is located at
231 RAPHAELDRIVE
, NewYork
(City)
Preview
FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM INDEX NO. E2024010988 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3928293 Book Page CIVIL Return To: No. Pages: 62 MARK ANDREW DREXLER Instrument: EFILING INDEX NUMBER Control #: 202407031336 Index #: E2024010988 Date: 07/03/2024 Family First Federal Credit Union Time: 3:41:05 PM Brannigan, David E Brannigan, Sandra S State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: CW Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SUPREMECOURT STATEOFNEWYORK COUNTYOFMONROE Family First Federal Credit Union CONSUMER CREDITTRANSACTION 2520 Browncroft Blvd. Rochester NY 14625 Plaintiff SUMMONS -vs- Index No. David E. Brannigan 231 Raphael Drive Webster NY 14580 Sandra S. Brannigan 231 Raphael Drive Webster NY 14580 The transaction took place in the County of Monroe Defendant(s). To the above named Defendant(s) : You are hereby summonedto answer the complaint in this action and to serve a copy ofyour answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service ofthis summons, exclusive ofthe day ofservice (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case ofyour failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated is: Residence of Defendant Dated: July 3, 2024 Defendants' Address: 231 Raphael Drive Webster NY 14580 TREVETTCRISTO Attorneys for Plaintiff 500 Canal View Blvd., Suite 600 Rochester, NewYork 14623 (585) 295-7785 This firm previously mailed a Debt Validation Notice (the "Notice") to you stating that you have until 07/24/2024 to dispute all or part of the debt. This Summons does not affect your right to dispute the debt with our firm. The Notice does not affect your dealings with the court, and in particular it does not change the time at which you must Answer the Complaint. The Summonsis a commandfrom the Court, not from this firm, and you must follow its instructions even if you dispute the validity or amount of the debt. The Notice also does not affect this firm's relations with the Court. As a law firm, we may file papers in the suit according to the Court's rules and the Judge's instructions. 2 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 COURTSTATEOFNEWYORK SUPREME COUNTY OFMONROE Family First Federal Credit Union 2520 Browncroft Blvd. Rochester NY 14625 Plaintiff COMPLAINT -vs- Index No. David E. Brannigan 231 Raphael Drive Webster NY 14580 Sandra S. Brannigan 231 Raphael Drive Webster NY 14580 Defendant(s). Plaintiff, by the undersigned attorneys, as and for its Complaint herein alleges as follows: (1) a federally chartered credit union, with offices for the transaction of business in Plaintiff is the County of Monroe and State of New York and is the original creditor of the debt(s) at issue in this action. (2) Upon information and belief, Defendant(s) David E. Brannigan & Sandra S. Brannigan is a/are resident(s) of County of Monroe and State of NewYork. the AS ANDFORA FIRST CAUSEOFACTION (3) Paragraphs 1 through 2 are hereby re-alleged with the same force and effect as if fully set forth herein. Defendant(s) (4) owes/owe Plaintiff a balance of $6,491.37, including finance charges calculated at the annual percentage rate of 15.00% to May 31, 2024, for money lent by Plaintiff pursuant to the terms of a Note and Mortgage Agreement annexed hereto as Exhibit A executed by Defendant(s), as borrower(s), on or about July 6, 2017. Finance charges continue to accrue at said rate. (5) The of the account number printed on the most recent monthly statement recording last four digits a purchase transaction, last payment or balance transfer are X1061-01. The last payment made on your account was $445.00 paid on May 31, 2024. Plaintiff seeks judgment of $6,491.37 computed as follows: $6,491.37 Principal $0.00 Finance charge or interest through May 31, 2024 $0.00 Late charges and/or other fees imposed by Plaintiff (6) Defendant(s) has/have defaulted in the repayment of said loan. (7) As a consequence of said the Defendant(s) default, owes/owe the Plaintiff its reasonable attorneys fees in accordance with the terms of said Note and Mortgage Agreement. AS ANDFORA SECONDCAUSEOFACTION (8) Paragraphs 1 through 7 are hereby re-alleged with the same force and effect as if fully set forth 3 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 herein. (9) Defendant(s) owes/owe Plaintiff a balance of $46.91, including finance charges calculated at the annual percentage rate of 2.00% to May 31, 2024, for money lent by Plaintiff pursuant to the terms of a Checking Account Agreement annexed hereto as Exhibit B executed by Defendant(s), as borrower(s), on or about April 5, 2013. Finance charges continue to accrue at said rate. (10) The last of the account number printed on the most recent monthly statement recording four digits a purchase transaction, last payment or balance transfer are X1061-30. There have been no payments made on the account. Plaintiff seeks judgment of $46.91 computed as follows: $46.91 Principal $0.00 Finance charge or interest through May 31, 2024 $0.00 Late charges and/or other fees imposed by Plaintiff (11) Defendant(s) has/have defaulted in the repayment of said loan. (12) As a consequence of said owes/owe the default, the Defendant(s) Plaintiff its reasonable attorneys fees in accordance with the terms of said Checking Account Agreement. WHEREFORE, Plaintiff demandsjudgment against Defendant as follows: A. $6,491.37 on the first cause of action; B. $46.91 on the second cause of action; Together with finance charges and interest from May 31, 2024, plus costs, disbursements, reasonable attorney fees in the amount of $2,179.21 or in such amount as determined by the court and other such further relief as to the court may seemjust and proper. Dated: July 3, 2024 MARKA. DREXLER,ESQ. Trevett Cristo Attorneys for Plaintiff 4 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 EXHIBIT A 5 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 2520 Browncroft Bird. Rodmner, Nm625 REALESTATELENDINe n &nk ans hr eft POWEREDBY cUNAMUWR NOTE GRouP NUMBE CON1RACT NUMBER REFERENCE MATURITYDATE DATE NUMBER ACCOUNT LOANID# 4 R NAME2 #3" 07/15/2024 07/06/2017 1081 01 " BORROWERdI . · .BORItO.WERi2 . ADDRESS (AND IF DIFFERENTFROMBORROWER 1) NAMEANDADDRESS . DAVIDE BRANNIGAN SANDRA S BRANNIGAN 231 Raphael Drive . 231 Raphael Dr Webster NY ;l4580 Webster NY 14580 BORROWER 3 . . BORROWER 4 CITY STATE ZIP CODE PROPERTY ADDRESS Webster NY 14580 231 Raphael Drive ' ORGANIZATION LOANORIGINATOR NMLSRID NUMBER NYFCU 453880 Family First of ID NUMBER NMLSR LOANORIGINATOR Chiccino 1546998 May S. FAILURETOPAYASREQUIRED- BORROWER'S agreement "Borrower" or person who signs, or "I" In this mean each 4. Payments: otherwise authenticates, this Note. The Lender, as defined below and (A) Late Charge for Overdue anyone who takes this Note by transfer and Is entitled to receive if your payment is more than 15 days late, your lender will charge a payments under this Note will be oalled the "Note Holdet. late fee of 2%of the monthly principal and Interest payment. 1. BORROWER'S TO PAY= PROMISE In retum for a loan that I have received, I promise to pay U.S. $ 23,000.00 (this amount be called will plus interest, to the order of the Lender. The the full amount of each (B) Notice From Note Holder: If I do not pay "principal"), Lender is send a written notice monthly payment on eime, the Note Holder may Family First of NY Federal Credit Union stating that If I do not pay the overdue amount by a certain date I will I understand that the Lender may transfer this Note. be in default That date must be at least 10 days after the date on mailed not malled, 10 days after the date - at a yearly rate of 15.000 %. which the notice is or, If It is 2. INTEREST I will pay Interest will be charged on that part of principal which has not been on which it is delivered. Interest pald. Interest will be charged beginning on the date of this Note and (C) Default: If I do not pay the overdue amount by the date stated In continuing until the full amount of principal has been paid. If I amin default, the notice described In (B) above, I will be in default amount of payments the Note Holder may require Immediate payment of the full - I will PAYMENTS pay principal and interest by making owe on 3. payments on principal which has not been paid and all the interest that I make my that amount. Even if, at a time when I amin default, each month of U.S. $ 444.78 . I will the Note Holder the 15 day of each month beginning on 08t15/2017 . I will does not require Immediate payment of the full amount as described make these payments every month until I have paid all of the Holder will still have the right to do so if I am in above, the Note principal and interest and any other charges, described below, a later time. , I still owe default at that I may owe under this .Note. If, on 07/15/2024 Costs and Expenses: If the Note (D) Payment of Note Holder's d wil ke y mo thly y en Holder has required Immediate payment in full as described above, . of its costs the Note Holder will have the right to be paid back for all NYFCU applicable law. Those Family First of and expenses to the extent not prohibited by attomeys' fees. 2520 Browncroft Blvd. expenses include, for example, reasonable Rochester, NY 14625 ORDEEDOFTRUST BYA MORTGAGE 6. THIS NOTESECURED or at a different place if required by the Note Holder. - given to the Note Holder under this In addition to the protections Trust, dated the same date as Deed of this Note, Note, a Mortgage or might result If I protects the Note Holder from possible tossels which Mortgage do not keep the promises which I make In this Note. That I may be or Deed of Trust describes how and under what conditions ENY660-E Page 1 or 2 . ©cUNAMutual Group 2015All Rights Reserved 6 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 . " reqnlred to make Immediate payment In full of all am.ounts that I owe 9. RESPONSIBILITY.OF UNDERTHIS NOTE- PERSONS If more than one jierson signs, or otherwise authenticates this Note, each under this Note, Borrower is fully and personally obligated to pay the fu8 amountowed 8. BORROWER'S BEFORETHEYAREDUE PAYMENTS I have and to keep all of the promises made in this Note. Any guarantor, described in Section 7 above) is the right make payments of principal at any time before they are to surety, or endorser of this Note (as due. A payment of priticipal only 18 known as a "prepayment"s WhenI also obligated to do the same. The Note Holder may enfort:e its rights under thip Note against each Borrower individually or against all make a prepayment, I wiN tell the Note Holder in a letter that I .am as a This means that any .one Borrower may be doing so. A prepayment of all of the unpaid principal 1s known Borrowers togéther. "full prepayment". A prepayment of only part of the unp.ald principal is required to pay all of the amounts owed under this Note. No person known as a "partial girepayment". may.take over the obligaBons.of this Note without the exliress written . permissiori of the Note ‰older. Any person who takes over the rights I may make a prepayment or a partial repayment without giaying full or obligations of a guarantor, surety, or endorner of this f¾te (as any penalty. The Note Holder will use all such prepayments to reduce described in Section 7 above) is also obligated to keep all of the . the amount of principal that I owe under this Note. If I make a partial promises madein this Note. prepayment, there will be no delays In the due dates or changes |n dhe arnounts of any monthly.payments unless the Note Holder agrees '10, BA1,=OONPAYN.IENT.-. , . . . . in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require the prepayment on the sameday that a monthly ¡ The following notice only applies if the box at the left is checket payment is due. The Note Holder may also require that the amount of THETERMOFTHELOANIS YEARS.AS A RESULT, YOU any partial prepayment.be equal to the amount of principal that would WILL BE REQUIRED TO REPAYTHE ENTlRE PRINCIPAL have.been part of the next one or more monthly payments. . BALANCEANDANYACCRUED INTERESTTHENOWING YEARSFROMTHEDATEONWHICHTHELOANIS slAãE. 7. WAlVERS- BORROWER'S I waive the .right to require the Note . Holder to do certain .things. Those things .are: (A) to dernand payment THELÈNDER HASNOOBLIGATIONTO REFINANCETHIS LOAN of arnounts due (known as "prea,entment"); (B) to. give notice that THE END OF ITS TERM. THEREFORE,YO.U MAY BE amounts due have not been paid (kDown as "notice of dishonor"); (C) REQUIREDTO REPAYTHE LOAN OUTOF ASSETSYOUOWN to obtain an official certification of nonpayment (known as a ORYOUMAYHAVETO FIND ANOTHER LENDERWILLING TO "protest"). Anyone else who agrees to keep the promises made in REFINANCE THE LOAN. ASSUMINGT HIS LENDER..ORANOTHER this Npte, or who agrees to make payments to the Note Holder if I falf LliiNDER REPINA.NCESTHIS LOANAT MATURITY, YOUWILL to keep the prominen agreed upon under this Note, or who signs, .or PROBABLYBE CHARGEDINTEREST AT MARKETRATES otherwise authendcates, this Np-te to transfer It to someone else also PREVAILING ATTHATTIME ANDSUCHRATESMAYB.E HIGHER waives mese e. These pergons are known as arantorst - THANTHE INTERESTRATE ON THIS LOAN. YQU.MAYALSO sureties and endorsers". . . . . HAVETO. PAY SOMEOR AR OF THEnOSING COSTS NORMALLY ASSOCIATED WITHA NEW NJORTGAGE LOAN. 8. GIVING OFNOTICES Any notice that mu_t be given under this . Note will be given by delivering it or by mailing it by First Class mail addressed to the Borrower at the Property Address above. A notice %A TIONALPRÖVISIONS -- will be delivered or mailed to the Borrower at a different address If the Sorrower provides Written notic9 to the Note Holder of such different . address. Any that must be given to the Note Hokler under this Note wlB notice ..be given by mailing It by First Class mall.to the Note Holder at the address stated in Section 3 above. A notice will be malled to the Note Holder at a different address if the Borrower is given notice of that different address. DEPAULTIN THEPAYMNT OFTHI§ LOANASREENIENT MAYRESUJJJN THELOSSOFTHEPROPESTY SEQUIÇlNGTHE LQAN.·UNDWR FEDIERALLAW, YOUIVIAY HAVETHERIGHT TOCANÇEL T HIS AGREEMENT.IP YQUHAVE Ti(IS RIGHT, TilE GitEQlTQR IS REQUIRED TO PROVIDE YOUWITH A SEPARATE WRITTEN NOTICE SPECIFYlNG THE CIRCUþlSTANCES ANDNildESUblDIER VyHICHYCU CANEXERCISÇiTHIS RIGHT. - ate Borrower 2 Signatûre . Date Burrower t Signature DAVIDE BRANNIGAN SANDRA S BRANNJGAN Signature . Date Signature Date Sean an ¡ Borrower 3 Witness O Borrower 4 Witness ENY660-E Page 2 of 2 7 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 PREPARED BY: Family First of NY FCU 2520 Browncroft Blvd Rochester, NY 14625 WHENRECORDED,MAIL TO Family First of NY FCU 2520 Browncroft Blvd Rochester, NY 14625 MORTGAGE ·WORDS USEDOFTENIN THI.SDOCUMENT (A)"Mortgage." JULY 6, 2017 This document, which Is dated , will be called "Mortgage." the (B) "Borrower. DAVID BRANNIGAN SANDRABRANNIGAN dBorrower" "l." sometimes be called the and sometimes strnply Borrower's will addressis231 Raphael Drive Webst9r NY 14 5 ao . (C) "Lender."Pamily Pirst of NY Fedgral Cygpit Union "Lender." Lender is a corporation or association which was formed will be called and which exists under the laws of New York state Lender's address is 2520 Brownerof t Blvcl Rochester. NY 14625 (D) "Note." The note signed, otherwise authenticated, by Borrower and dated 07/06/1.7 .and extensions and renewals of that note, will be called the "Note." The Note shows that I owe Lender U.S. $ $23.000.00 plus interest, which 1 have promised to pay In full by 9/14/94 . "Property." The property that is described befow in the section titled "Description (E) Property" "Property." of the will be called the OFRIGHTSIN THE PROPERTY TRANSFERTOLENDER BORROWER'S of this I mortgage, grant and convey the Property to Lander subject to the terms this Mortgage, I am Mortgage. This means that, by signing, or otherwise authenticating, the giving Lender those rights that are stated in this Mortgage and also those rights that law gives to lenders who hold Section: Block: Lot: Unit: ENY25E-e CUNAMutual Group 2013 All RightsRese,ved page 1 8 of 62 202407031336 07/03/2024 03:41:05 PM CIVIL CI 202407031336 INDEX NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 11:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if I do not: (A) Pay all the amounts that I owe Lender as stated in the Note: (B) Pay, with Interest, any amounts that Lender spends under this Mortgage to protect the value of the Property and Lender's rights in the Property; (C) Keep all of my promises and agreements under this Mortgage. With respect to the amounts that I owe under the Note and under this Mortgage, I exemption.' (D) waive the benefit of the right which is known as the 'homestead A homestead exemption is a property owner's right to keep a portion of his property (usually up to a certain dollar amount) free from the claims of creditors. My waiver of this right means that the Lender may exercise all of Its rights under this Mortgage as if I were not entitled, under law, to the benefits of a homestead exemption. DESCRIPTIONOFTHE PROPERTY I give Lender rights in the following Prope:ty: (A) The property which is located at 231 RAPHAELDRIVE , NewYork (City)