Preview
FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM INDEX NO. E2024010988
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3928444
Book Page CIVIL
Return To: No. Pages: 62
MARK ANDREW DREXLER
Instrument: MISCELLANEOUS DOCUMENT
Control #: 202407031501
Index #: E2024010988
Date: 07/03/2024
Family First Federal Credit Union Time: 4:12:26 PM
Brannigan, David E
Brannigan, Sandra S
Total Fees Paid: $0.00
Employee:
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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NO. E2024010988
FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024
SUPREMECOURTSTATEOFNEWYORK
OF MONROE
COUNTY
Family First Federal Credit Union CONSUMER
CREDIT TRANSACTION
2520 Browncroft Blvd.
Rochester NY 14625
Plaintiff AMENDED
SUMMONS
-vs-
Index No. E2024010988
David E. Brannigan 7/3/24
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 ifthis 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 Summons is a command from 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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E2024010988
FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024
SUPREMECOURTSTATEOFNEWYORK
COUNTYOF MONROE
Family First Federal Credit Union
2520 Browncroft Blvd.
Rochester NY 14625
Plaintiff AMENDED
COMPLAINT
-vs-
Index No. E2024010988
David E. Brannigan
231 Raphael Drive
Webster NY 14580
Sandra S. Brannigan
231 Raphael Drive
Webster NY 14580
Defendant(s).
the undersigned as and for its Complaint herein alleges as follows:
Plaintiff, by attorneys,
(1) a federally
Plaintiffchartered credit union, with offices for the transaction of business in
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 the County of Monroe and State of NewYork.
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.
owes/owe Plaintiff a balance of $6,491.37, including finance charges calculated at the
Defendant(s)
(4)
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) of the account number printed on the most recent monthly statement recording
The 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 January 11, 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.
As a consequence of said default, owes/owe
the Defendant(s) the Plaintiff its reasonable attorneys
(7)
fees in accordance with the terms of said Note and Mortgage Agreement.
AS ANDFORA SECOND
CAUSEOFACTION
(8) Paragraphs 1 through 7 are hereby re-alleged with the same force and effect as if fully set forth
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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 four of the account number printed on the most recent monthly statement recording
digits
a purchase transaction, payment or balance transfer are X1061-30. There have been no payments made on the
last
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 default, owes/owe
the Defendant(s) the 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
Attomeys for Plaintiff
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EXHIBIT A
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252o Browncroft Blvd.
Rochester, NY14625 REALEsTATELENDINe
mhonÂ,hrilA
BY
PUNERED
cUNAMuTUa NOTE
GRoUP
CONTRACTNUMBE NUMBER
REFERENCE MATURITYDATE
DATE NUMBER
ACCOUNT LOANID # t
07/06/2017 M1961 01
01/16/2024
·
BOPROWERdf .BORROWEpi2
NAME(ANDADDRESSIF DIFFERENTFROMBORROWER
1)
NAMEANDADDRESS .
DAVIDE BRANNIGAN SANDRA S BRANNIGAN
231 Raphael Drive . 231 Raphael Dr
wenster uv 14sso wenster NY 14s80
SORROWER
3 .. . . BORROWER
4 5 .
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.
"Borrower"
or
"i"
mean each person who signs, or 4. FAILURE70 PAYASREQUIRED -
BORROWER'S
In this agreement 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 In more than 15 days late, your lender will charge a
payments under this Note will be oalled the "Note Holder".
late fee of 2%of the monthly principal and interest payment.
1. TO PAY=
PROMISE
BORROWER'S In retum for a loan that I
I promise to pay U.S. $ 23,000.00 (this amount
have received,
be called plus interest, to the order of the Lender. The
will "principaR,
(B) Notice From Note Holder: If I do not pay the full amount of each
Lender is payment on time, the Note Holder may send a written notice
monthly
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 date on
this Note.
be in default That date must be at least 10 days after the
- at a yearly rate of 15.000 %. which the notice is malled or, if it is not malled, 10 days after the date
2, INTEREST 1 will pay interest
which has not been on which it la delivered.
Interest will be charged on that part of principal
paid. 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
until the full amount of principal has been paid.
the notice described in (B) above, I will be in default If I am default,
continuing In
amount of
the Note Holder may require immediate payment of the full
3. PAYMENTS - I will pay principal and interest by maldng payments owe on
prfacipal which has not been paid and all the interest that I
. I will makemypayments on
that amount. Even if, at a time when I amin default,
each month of U.S. $ 444.78 the Note Holder
each month on 08lt6/2017 . I will described
day beginning
does not require immedlate payment of the full amount as
the 15 of
make these payments every month until I have paid all of the above, the Note Holder will still have the right to do so If I am In
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
amounts under this Note. I will pay all those amounts. in full, . on that (D) Payment of Note Holder's
Costs and Expenses: if the Note
date. I will makemy monthly payments at Holder has required immediate payment in full as described above, .
for all of Its costs
the Note Holder will have the right to be paid back
Family First of NYFCU . by applicable law. Those
and expenses to the extent not prohibited attomeys'
fees.
2520 Browncroft Blvd. expenses include, for example, reasonable
Rochester, NY 14625
S. THIS NOTESECURED ORDEEDOFTRUST
BYA MORTGAGE
or at a different place if required by the Note Holder. - In addition to the protections given to the Note Holder under
this
dated the same date as this Note,
Note, a Mortgage or Deed of Trust,
might result If I
protects the Note Holder from possible losses which
promises which I make in this Note. That Mortgage
do not keep the
I may be
or Deed of Trust describes how and under what
conditions
ENY660-E
Page 1 of 2
©CUNA
Mutual Group 2015AHRights Reserved
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FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024
. "
payment amounts that owe 9. RESPONSIBILITY.OF UNDERTHIS NOTE-
PERSONS If more
seqqlred to make Immediate In full of all I
. . than one jierson signs, or otherwise authenticates/this Note, each
under this Note. .
amount owed
Borrower is fully and personally made" to pay the fug
obligated
G. BORROWER'S BEFORETHEYAREDUE¬ I have
PAYMENTS and to keep all of the promises in this Note. Any guarantor,
at any time before they are surety, or endorser of this Note (as
described in Section 7 above) is
the right to make payments ofprincipal
rights
due. A payment of only is known as a "prepayment". WhenI
principal also obligated to do the same. The Note Holder mayenforce its
make a prepayment, I will tell the Note Holder in a letter that I am under this Note against each Borrower individually or against all
Borrowers togé.ther. .This means that any one Borrower may
be
doing so. A prepayment of all of the
unpaid principal is known as a
No.person
, "full prepayment". A prepayment of only part of the unp.ald
principal is required to pay all of the amounts owed under this Note.
"partialfrepayment" express ƒritten
known as a . may take over the obilpations.of this Note witho1st the
permission of the Note Holder. Any person who takes over the r
ghts
endorser Nqte (as
I may make a full prepayment or a partial repayment without giaying or obilgations of a guarantor, surety, or of this
keep'
aA of the
any penalty. The Note Holder will use all such prepayments to reduce described in Section 7 above) is also obligated to
. the amount of principal that I owe under this Note. If I make a partial promis.es madein this Note.
. .
ptepayment. there will be no delays in the due dates or changes In
. .
ethe amounts of any monthly.payments unless the Note Holder agrees 10. BAl,LOONPAYl(IENT.-.
. - .
in writing to those delays or changes. I m.ay matte 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 mo.nthly
¡ The following notice only applies If the box at the
le.ft s checked.:
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.
7. BORRO.WER'S - I waive
WA1VERS
.
the right to require the Note
BAiANCEANDANYACCRUED
YEARSFROMWEDATEON
INTERESTTHENOWING
WE 18 ME. WH
Holder to do certain things. Those things are: (A) .to demand payment THEL NDER HASNOOBLIGATIONTO REFINANCETHIS LOAN
of amosnts due (known as presentment'); (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 LOANOUTOF ASSETSYOUOWN
to obtain an official certification of nonpayment (known as a ORYOUMAYHAVETO FIND ANOTHER LENDERWILLING to
). Anyone else who agrees to keep the promises made 19 REFINANCETHELOAN. ASSUMING THIS LENDER..ORACOTHER
"protest
this Note, or who agrees to make payments to the Note Holder If I fail CES THE LOANAT MATURITY, YOU Wu
to keep the promises agreed upon under this Note, or who signs,
.or
PROBABLYBE CHARGEDINTEREST AT MARKETRATES
otherwise authendcates, this Nate to transfer It to qomeone else elso PREVAILING AT THATTIME ANDSUCHRATESMAYBE HIGHER
waives these Ights. These persons are knovyn as "tguarantors'
sureties and en orsers". . . .
. . .
·
T) THE INTERESTRATE ONTHIS LOAN. YQU. MAY·ALSO
HAVETO. PAY SOMEOR ALt Off TilE .CLOSING COSTS
NORMALLY ASSOCIATED WITHA NEW idORTGAGELOAN.
8. GIVING OF NOTICES-- Any notice that mugl be given under this
Note wlH be given by delivering it or by mailing it by First Class maU 11. ADDITIONALPROVISIONS
--
. addressed to the B.orrower at the Property Address above. A notice
will be dermered or malled t0 the Borrower at a different address if the
Sorrower provides *ritten riotice to the Note Holder of s.nch differerit
address. ..
. Any.nptice that must be given to the Note Holder under this Note will
..be given by rnailing it by First Class mall.to the Note Holder at the
address stated in Section 3 above. A
notice will be mailed to the Note
Holder at ti different address if the Borrower is given notice of that
d[fferent address.
.
DEFAVI.T IN THE PAYlYIENT THE1.0S6OFThig PROPESTY
QF THI§ LOANASREElW1ENT
IIllAY SEQUIllNG THE RESUl..7 JN.
I AN..UNDERFEDERALLAW, YOUIWIAY HAVETHEBISHTTOCANGEl.'tHIS AGREEMENT. IP YQUHAVETHIS RIGHT,
T IE CREQITQRIS REC)lRED TO PROVIDEYOU WITH A SEPARATEWRITTEN SPECIFYiNG
NOTICE THE
CISCy ISTANCES ANDTII IES UNDERVyHICHYC)U CANEXERCIS THIS RIGH .
ate Borrower 2 Signatúre .
Barrower 1 Signature
- ( an
. (seen
DAVIDE BRANNIGAN SANDRA
S BRANNIGAN
Date
-81gifeture Date Ignature
Sea0
( aQ
¡ Borrower 3 Witness OBorrower 4 Witness
ENY660-E
Page2 of 2
.
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E2024010988
FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024
" . - .
PREPARED
BY:
Family First of NY FCU
2520 Browncroft Blvd
Rochester, NY 14625
WHENRECORDED,MAILTO
Family First of NY FCU
2520 Browncroft Blvd
Rochester, NY 14625
MORTGAGE
WORDSUSEDOFTENIN THI.S DOCUMENT
"Mortgage."
This document, which Is dated JULY 6, 2017 , will be called
(A) "Mortgage."
the
(B) "Borrower.
DAVID BRANNIGAN
SANDRABRANNIGAN
"Borrower" "I."
and sometimes simply Borrower's
will sometimes be called the
address is 231 Rachael Drive
Webster NY 24589
.
"Lender."
Family First of NY Federal Cr94;Lt Union
(C) "Lender." which was formed
willbe called Lender is a corporation or association
and which exists under the laws of
New York State
Londer's address is 2520 prownerof t alvc<
Rochester. NY 14625
(D)
"Note."
The note signed, otherwise authenticated, by Borrower and dated
n7 /ns 7
/1 . 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 I have promised to pay In full by 7 /u /n .
"Property." The property that is described below in the section titled "De
Preview
FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM INDEX NO. E2024010988 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3928444 Book Page CIVIL Return To: No. Pages: 62 MARK ANDREW DREXLER Instrument: MISCELLANEOUS DOCUMENT Control #: 202407031501 Index #: E2024010988 Date: 07/03/2024 Family First Federal Credit Union Time: 4:12:26 PM Brannigan, David E Brannigan, Sandra S Total Fees Paid: $0.00 Employee: 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 202407031501 Index # INDEX : E2024010988 NO. E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 SUPREMECOURTSTATEOFNEWYORK OF MONROE COUNTY Family First Federal Credit Union CONSUMER CREDIT TRANSACTION 2520 Browncroft Blvd. Rochester NY 14625 Plaintiff AMENDED SUMMONS -vs- Index No. E2024010988 David E. Brannigan 7/3/24 231 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 ifthis 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 Summons is a command from 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 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 SUPREMECOURTSTATEOFNEWYORK COUNTYOF MONROE Family First Federal Credit Union 2520 Browncroft Blvd. Rochester NY 14625 Plaintiff AMENDED COMPLAINT -vs- Index No. E2024010988 David E. Brannigan 231 Raphael Drive Webster NY 14580 Sandra S. Brannigan 231 Raphael Drive Webster NY 14580 Defendant(s). the undersigned as and for its Complaint herein alleges as follows: Plaintiff, by attorneys, (1) a federally Plaintiffchartered credit union, with offices for the transaction of business in 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 the County of Monroe and State of NewYork. 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. owes/owe Plaintiff a balance of $6,491.37, including finance charges calculated at the Defendant(s) (4) 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) of the account number printed on the most recent monthly statement recording The 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 January 11, 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. As a consequence of said default, owes/owe the Defendant(s) the Plaintiff its reasonable attorneys (7) fees in accordance with the terms of said Note and Mortgage Agreement. AS ANDFORA SECOND CAUSEOFACTION (8) Paragraphs 1 through 7 are hereby re-alleged with the same force and effect as if fully set forth 3 of 62 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 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 four of the account number printed on the most recent monthly statement recording digits a purchase transaction, payment or balance transfer are X1061-30. There have been no payments made on the last 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 default, owes/owe the Defendant(s) the 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 Attomeys for Plaintiff 4 of 62 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 EXHIBIT A 5 of 62 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 252o Browncroft Blvd. Rochester, NY14625 REALEsTATELENDINe mhonÂ,hrilA BY PUNERED cUNAMuTUa NOTE GRoUP CONTRACTNUMBE NUMBER REFERENCE MATURITYDATE DATE NUMBER ACCOUNT LOANID # t 07/06/2017 M1961 01 01/16/2024 · BOPROWERdf .BORROWEpi2 NAME(ANDADDRESSIF DIFFERENTFROMBORROWER 1) NAMEANDADDRESS . DAVIDE BRANNIGAN SANDRA S BRANNIGAN 231 Raphael Drive . 231 Raphael Dr wenster uv 14sso wenster NY 14s80 SORROWER 3 .. . . BORROWER 4 5 . 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. "Borrower" or "i" mean each person who signs, or 4. FAILURE70 PAYASREQUIRED - BORROWER'S In this agreement 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 In more than 15 days late, your lender will charge a payments under this Note will be oalled the "Note Holder". late fee of 2%of the monthly principal and interest payment. 1. TO PAY= PROMISE BORROWER'S In retum for a loan that I I promise to pay U.S. $ 23,000.00 (this amount have received, be called plus interest, to the order of the Lender. The will "principaR, (B) Notice From Note Holder: If I do not pay the full amount of each Lender is payment on time, the Note Holder may send a written notice monthly 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 date on this Note. be in default That date must be at least 10 days after the - at a yearly rate of 15.000 %. which the notice is malled or, if it is not malled, 10 days after the date 2, INTEREST 1 will pay interest which has not been on which it la delivered. Interest will be charged on that part of principal paid. 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 until the full amount of principal has been paid. the notice described in (B) above, I will be in default If I am default, continuing In amount of the Note Holder may require immediate payment of the full 3. PAYMENTS - I will pay principal and interest by maldng payments owe on prfacipal which has not been paid and all the interest that I . I will makemypayments on that amount. Even if, at a time when I amin default, each month of U.S. $ 444.78 the Note Holder each month on 08lt6/2017 . I will described day beginning does not require immedlate payment of the full amount as the 15 of make these payments every month until I have paid all of the above, the Note Holder will still have the right to do so If I am In 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 amounts under this Note. I will pay all those amounts. in full, . on that (D) Payment of Note Holder's Costs and Expenses: if the Note date. I will makemy monthly payments at Holder has required immediate payment in full as described above, . for all of Its costs the Note Holder will have the right to be paid back Family First of NYFCU . by applicable law. Those and expenses to the extent not prohibited attomeys' fees. 2520 Browncroft Blvd. expenses include, for example, reasonable Rochester, NY 14625 S. THIS NOTESECURED ORDEEDOFTRUST BYA MORTGAGE or at a different place if required by the Note Holder. - In addition to the protections given to the Note Holder under this dated the same date as this Note, Note, a Mortgage or Deed of Trust, might result If I protects the Note Holder from possible losses which promises which I make in this Note. That Mortgage do not keep the I may be or Deed of Trust describes how and under what conditions ENY660-E Page 1 of 2 ©CUNA Mutual Group 2015AHRights Reserved 6 of 62 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 . " payment amounts that owe 9. RESPONSIBILITY.OF UNDERTHIS NOTE- PERSONS If more seqqlred to make Immediate In full of all I . . than one jierson signs, or otherwise authenticates/this Note, each under this Note. . amount owed Borrower is fully and personally made" to pay the fug obligated G. BORROWER'S BEFORETHEYAREDUE¬ I have PAYMENTS and to keep all of the promises in this Note. Any guarantor, at any time before they are surety, or endorser of this Note (as described in Section 7 above) is the right to make payments ofprincipal rights due. A payment of only is known as a "prepayment". WhenI principal also obligated to do the same. The Note Holder mayenforce its make a prepayment, I will tell the Note Holder in a letter that I am under this Note against each Borrower individually or against all Borrowers togé.ther. .This means that any one Borrower may be doing so. A prepayment of all of the unpaid principal is known as a No.person , "full prepayment". A prepayment of only part of the unp.ald principal is required to pay all of the amounts owed under this Note. "partialfrepayment" express ƒritten known as a . may take over the obilpations.of this Note witho1st the permission of the Note Holder. Any person who takes over the r ghts endorser Nqte (as I may make a full prepayment or a partial repayment without giaying or obilgations of a guarantor, surety, or of this keep' aA of the any penalty. The Note Holder will use all such prepayments to reduce described in Section 7 above) is also obligated to . the amount of principal that I owe under this Note. If I make a partial promis.es madein this Note. . . ptepayment. there will be no delays in the due dates or changes In . . ethe amounts of any monthly.payments unless the Note Holder agrees 10. BAl,LOONPAYl(IENT.-. . - . in writing to those delays or changes. I m.ay matte 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 mo.nthly ¡ The following notice only applies If the box at the le.ft s checked.: 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. 7. BORRO.WER'S - I waive WA1VERS . the right to require the Note BAiANCEANDANYACCRUED YEARSFROMWEDATEON INTERESTTHENOWING WE 18 ME. WH Holder to do certain things. Those things are: (A) .to demand payment THEL NDER HASNOOBLIGATIONTO REFINANCETHIS LOAN of amosnts due (known as presentment'); (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 LOANOUTOF ASSETSYOUOWN to obtain an official certification of nonpayment (known as a ORYOUMAYHAVETO FIND ANOTHER LENDERWILLING to ). Anyone else who agrees to keep the promises made 19 REFINANCETHELOAN. ASSUMING THIS LENDER..ORACOTHER "protest this Note, or who agrees to make payments to the Note Holder If I fail CES THE LOANAT MATURITY, YOU Wu to keep the promises agreed upon under this Note, or who signs, .or PROBABLYBE CHARGEDINTEREST AT MARKETRATES otherwise authendcates, this Nate to transfer It to qomeone else elso PREVAILING AT THATTIME ANDSUCHRATESMAYBE HIGHER waives these Ights. These persons are knovyn as "tguarantors' sureties and en orsers". . . . . . . · T) THE INTERESTRATE ONTHIS LOAN. YQU. MAY·ALSO HAVETO. PAY SOMEOR ALt Off TilE .CLOSING COSTS NORMALLY ASSOCIATED WITHA NEW idORTGAGELOAN. 8. GIVING OF NOTICES-- Any notice that mugl be given under this Note wlH be given by delivering it or by mailing it by First Class maU 11. ADDITIONALPROVISIONS -- . addressed to the B.orrower at the Property Address above. A notice will be dermered or malled t0 the Borrower at a different address if the Sorrower provides *ritten riotice to the Note Holder of s.nch differerit address. .. . Any.nptice that must be given to the Note Holder under this Note will ..be given by rnailing it by First Class mall.to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at ti different address if the Borrower is given notice of that d[fferent address. . DEFAVI.T IN THE PAYlYIENT THE1.0S6OFThig PROPESTY QF THI§ LOANASREElW1ENT IIllAY SEQUIllNG THE RESUl..7 JN. I AN..UNDERFEDERALLAW, YOUIWIAY HAVETHEBISHTTOCANGEl.'tHIS AGREEMENT. IP YQUHAVETHIS RIGHT, T IE CREQITQRIS REC)lRED TO PROVIDEYOU WITH A SEPARATEWRITTEN SPECIFYiNG NOTICE THE CISCy ISTANCES ANDTII IES UNDERVyHICHYC)U CANEXERCIS THIS RIGH . ate Borrower 2 Signatúre . Barrower 1 Signature - ( an . (seen DAVIDE BRANNIGAN SANDRA S BRANNIGAN Date -81gifeture Date Ignature Sea0 ( aQ ¡ Borrower 3 Witness OBorrower 4 Witness ENY660-E Page2 of 2 . 7 of 62 202407031501 IndexNO. INDEX #: E2024010988 E2024010988 FILED: MONROE COUNTY CLERK 07/03/2024 04:10 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/03/2024 " . - . PREPARED BY: Family First of NY FCU 2520 Browncroft Blvd Rochester, NY 14625 WHENRECORDED,MAILTO Family First of NY FCU 2520 Browncroft Blvd Rochester, NY 14625 MORTGAGE WORDSUSEDOFTENIN THI.S DOCUMENT "Mortgage." This document, which Is dated JULY 6, 2017 , will be called (A) "Mortgage." the (B) "Borrower. DAVID BRANNIGAN SANDRABRANNIGAN "Borrower" "I." and sometimes simply Borrower's will sometimes be called the address is 231 Rachael Drive Webster NY 24589 . "Lender." Family First of NY Federal Cr94;Lt Union (C) "Lender." which was formed willbe called Lender is a corporation or association and which exists under the laws of New York State Londer's address is 2520 prownerof t alvc< Rochester. NY 14625 (D) "Note." The note signed, otherwise authenticated, by Borrower and dated n7 /ns 7 /1 . 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 I have promised to pay In full by 7 /u /n . "Property." The property that is described below in the section titled "De