SUMMONS + COMPLAINT July 15, 2013 (2024)

 
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 INDEX NO. 2013/001659(FILED: BROOME COUNTY CLERK 07715/2013)NYSCEF DOC. NO. 1 RECEIVED NYSCEF 07/15/2013 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF BROOME cnnistnorn tennessee == --X DEUTSCHE BANK NATIONAL TRUST COMPANY, AS Index No. TRUSTEE OF THE HOME EQUITY MORTGAGE LOAN Date Filed: ASSET-BACKED TRUST SERIES INABS 2007-A, HOME EQUITY MORTGAGE LOAN ASSET-BACKED SUMMONS CERTIFICATES, SERIES INABS 2007-A UNDER THE POOLING AND SERVICING AGREEMENT DATED MAR 1, Plaintiff 2007 designates Broome Plaintiff. County as the place of -against- trial based on the location of CAROL SICURELLA the mortgaged "JOHN DOE #1" to "JOHN DOE #10," the last 10 names being premises in this fictitious and unknown to plaintiff, the persons or parties intended action. being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified Plaintiff's complaint, principal place of business is Defendant. 888 East Walnut Street, Pasadena, seen een ennnnnneneenenenennnarsancannnenenennnnencnenaananee California 91101. 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 twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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 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. 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. Dated: New Rochelle, New York June 17, 2013 y McCABE, W. S By: NATALIE GIRALDO, ESQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, New York 10801 (914) 636-8900 File # 272-4138TO Carol Sicurella 208 Robert St Vestal, New York 13850 Carol Sicurella 72 Mt. Vern Ave, Apt. 5A North Patchogue, New York 11772Carol Sicurella77 Waverly Avenue, Apt. 417Patchogue, New York 11772"JOHN DOE NO. 1" through "JOHN DOE NO. 10"208 Robert StVestal, New York 13850SUPREME COURT THE STATE OF NEW YORK:COUNTY OF BROOME- a aXDEUTSCHE BANK NATIONAL TRUST Index No.COMPANY, AS TRUSTEE OF THE HOME Date Filed:EQUITY MORTGAGE LOAN ASSET-BACKEDTRUST SERIES INABS 2007-A, HOME EQUITY COMPLAINTMORTGAGE LOAN ASSET-BACKEDCERTIFICATES, SERIES INABS 2007-A UNDERTHE POOLING AND SERVICING AGREEMENTDATED MAR 1, 2007 Plaintiff -against-CAROL SICURELLA"JOHN DOE #1" to "JOHN DOE #10," the last 10names being fictitious and unknown to plaintiff, thepersons or parties intended being the persons orparties, if any, having or claiming an interest in or lienupon the mortgaged premises described in the verifiedcomplaint, Defendant.mew eewennnmanennennnnanennnnnmennenenennnnnennnnnnenewennannewan, Plaintiff, by its attorneys, McCabe, Weisberg & Conway, P.C., complains and alleges,upon information and belief, as follows: FIRST. Plaintiff is, and at all times relevant herein is a domestic National Trustorganized under the laws of United States of America with its principal place of business at 888East Walnut Street, Pasadena, California 91101. SECOND. On or about the following date, the following named obligor, for thepurpose of evidencing an indebtedness in the following amount and interest, duly executed,acknowledged and delivered to the following named obligee the following instrument, a copy ofwhich is hereto annexed and marked Exhibit ‘‘A" with the same force and effect as if set forth atlength herein:INSTRUMENT: NoteDATE: January 10, 2007OBLIGOR: Carol SicurellaOBLIGEE: IndyMac Bank, FSB a federally charted savings bankAMOUNT: $45,320.00 THIRD. For the purpose of securing payment for the said indebtedness, as morefully set forth in said instrument, the said obligor, and as mortgagor, on or about said dateexecuted, acknowledged and delivered to said obligee, as mortgagee, a certain mortgage, a copyof which is hereto annexed and marked Exhibit *‘B" with the same force and effect as if set forthat length herein, wherein and whereby said obligor, as mortgagor, mortgaged to said obligee, asmortgagee, certain real property, which mortgaged premises are more particularly described insaid mortgage. FOURTH. Said mortgage was duly recorded as follows in the office for therecording of mortgages in the county in which said mortgaged premises were then and are nowsituated, and the recording data (and section, block and lot indexing) is as follows:RECORDED IN OFFICE OF: County Clerk of BroomeDATE OF RECORDING: January 16, 2007BOOK NUMBER 3207 PAGE NUMBER 197SECTION BLOCK LOT IN WHICH INDEXED: SECTION 34800 BLOCK 173 LOT 022FIFTH. The mortgaged premises are commonly known as 208 Robert St, Vestal,New York 13850, County of Broome and State of New York (the "Premises"), and is more fully idescribed in Schedule A attached hereto. SIXTH. Any applicable recording tax was duly paid at the time of recording saidlast mentioned mortgage. SEVENTH. OneWest Bank, FSB located at 888 East Walnut Street, Pasadena,California 91101 services the home loan on said premises. Carol Sicurella executed apromissory note secured by a mortgage or deed of trust (“The Note”). OneWest Bank, FSBintends to cause a foreclosure action to be commenced on the mortgaged property. Theforeclosure will be conducted in the name of; Deutsche Bank National Trust Company, asTrustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, HomeEquity Mortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling andServicing agreement dated Mar 1, 2007 (“Note Holder”). Plaintiff is the holder of the note. SaidNote was indorsed by blank indorsem*nt and delivered to Plaintiff prior to commencement ofthis action, Said mortgage was assigned from Mortgage Electronic Registration Systems, Inc. asnominee for IndyMac Bank, FSB to Deutsche Bank National Trust Company, as Trustee of theHome Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-A, Home EquityMortgage Loan Asset-Backed Certificates, Series INABS 2007-A under the Pooling andServicing agreement dated Mar 1, 2007, Plaintiff, by Assignment of Mortgage dated March 1,2013 recorded on May 10, 2013 in Book number 03618 Page number 0193 in the Office of theCounty Clerk of Broome County. See Exhibit B. EIGHTH. The defendant(s) have failed to comply with the terms and provisionsof said mortgage and said instrument secured by the mortgage, by failing to pay principal andinterest and/or taxes, insurance premiums, escrows and/or other charges commencing with theApril 1, 2012 payment, as more fully set forth below. NINTH. More than fifteen (15) days have elapsed since the first of said defaultsoccurred, and by reason thereof, Plaintiff has elected and hereby elects to declare immediatelydue and payable the entire unpaid balance of principal, together with monies advanced for taxes,insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees tothe extent permitted by the mortgage. TENTH. The following amounts are now due and owing on said mortgage andthe said instrument secured by the mortgage, no part of which has been paid although dulydemanded:ENTIRE PRINCIPAL BALANCE: $44,665.67INTEREST THEREON FROM: March 1, 2012AT THE RATE AS SET FORTH IN THE INSTRUMENT SECURED BY THE MORTGAGE ELEVENTH. In order to protect its security interest, Plaintiff, or its agents, haspaid or may be compelled to pay during the pendency of this action, taxes, assessments, waterrates, insurance premiums, and other charges affecting the Premises. Plaintiff requests that anysums it or its agent has paid, together with interest, be included in the sum due as provided forand secured by the mortgage being foreclosed herein. TWELFTH. Each of the above-named defendants has or claims to have or mayclaim to have some interest in or lien upon said mortgaged premises or some part thereof, whichinterest or lien, if any, has accrued subsequent to, and is subject and subordinate to, the lien ofsaid mortgage.THIRTEENTH. Plaintiff has complied with all of the provisions of BankingLaw, Section 595-a [NYCLS], Section 6-1, Section 6-m, RPAPL§ 1304, RPAPL§ 1306, UCC§9-611, Exhibit D. FOURTEENTH. John Doe No. 1 to John Doe No. 10 are fictitious andunknown to Plaintiff. They are named as defendants to designate any and all persons or parties,if any, having or claiming an interest in or lien upon the mortgaged Premises. They may bejudgment creditors or may have, or claim to have a subordinate mortgage, all of which aresubordinate to the interest of the Plaintiff herein. FIFTEENTH. No other action or proceeding has been commenced ormaintained or is now pending at law or otherwise for the foreclosure of said mortgage or for therecovery of the said sum secured by said note and mortgage or any part thereof. SIXTEENTH. Plaintiff requests that in the event that this action proceed tojudgment of foreclosure and sale, said premises shall be sold subject to the following: 1, Any state of facts that an inspection of the premises would disclose; 2. Any state of facts that an accurate survey of the premises would show; 3. Covenants, restrictions, easem*nts and public utility agreements, if any, 4, Building and zoning ordinances of the municipality in which the mortgagedpremises are located and possible violations of same; 5, Any rights of tenants in possession of the subject premises; 6. Any equity of redemption of the United States of America to redeem thepremises within 120 days from the date of sale; 7, Prior mortgage liens of record, and any advances and arrears thereunder; 8. Prior lien(s) of record, if any.SEVENTEENTH. Plaintiff shall not be deemed to have waived, altered,released or changed the election hereinbefore made, by reason of any payment after thecommencement of this action, of any or all of the defaults mentioned herein, and such electionshall continue and remain effective. WHEREFORE, Plaintiff demands judgment against the defendants as follows: a, That each and all of the defendants in this action, and any and all persons claiming by, through and under any of them, subsequent to the commencement of this action and the filing of the notice of pendency thereof in the Office of the County Clerk of Broome County in the State of New York, which is the county in which the Premises are located, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redemption in the Premises; That a receiver of rents may be appointed without notice as provided in the Mortgage; That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; That the monies arising from the sale of the Premises may be brought into Court;€. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and computed; That Plaintiff may be paid the amount adjudged to be due on the Note and the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term or provision of the Note and Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective payments and advances, together with all amounts due by virtue of statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees over and above the amounts covered by the statutory attor- ney's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; That if the proceeds of the sale of the Premises are insufficient to pay the amount found due to Plaintiff as set forth in the immediately preceding paragraph, the officer making the sale be required by the judgment of sale herein to specify the amount of such deficiency in the report of sale so that application may be made by Plaintiff to the Court pursuant to Section 1371 of the Real Property Actions andProceedings Law for a deficiency judgment against the Defendant Obligors Carol Sicurella, which will include the amount of any such deficiency, unless (1) said debt has been listed and discharge in a bankruptcy petition or (2) Plaintiff is unable to produce a copy of the note; If the Court, upon such application shall so direct, Plaintiff should have judgment against the Defendants Carol Sicurella for the amount of such deficiency; That Plaintiff be awarded reasonable attorney's fees as provided in the Note and Mortgage, as well as the costs and disbursem*nts of this action.DATED: New Rochelle, New York June 17, 2013 McCABE, EISB) AY, P.C. By: ATALIE GIRALDO, ESQ. Attorneys for Plaintiff 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914-636-8900 914-636-8901 facsimileExhibit A (Legal Description)ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF VESTAL, COUNTY OF BROOME AND STATE OF NEWYORK, KNOWN AND DESIGNATED AS LOT NUMBER ELEVEN (1 1), AS SHOWN ON A MAP OF SUBDIVISION OF THE LANDS OFGEORGE W LANDON, VESTAL, NEW YORK, MADE BY C.F. HUNT, C.E., JANUARY 1, 1923, WHICH MAP IS RECORDED INBROOME COUNTY CLERK'S OFFICE. SAID LOT NUMBER ELEVEN (11) IS SITUATE ON THE EASTERLY SIDE OF ROBERT STREETAND IS SIXTY (6) FEET WIDE FRONT AND REAR AND ONE HUNDRED FORTY-ONE AND FIFTY SEVEN HUNDREDTHS (141.57)FEET DEEP AS SHOWN ON SAID MAP.BEING THE SAME PREMISES CONVEYED TO THE MORTGAGORS HEREIN BY DEED FROM BARBARA DILLMAN, FKABARBARA MCPHERSON RECORDED HEREWITH IN THE BROOME COUNTY CLERK'S OFFICE. THIS IS A PURCHASE MONEYMORTGAGE. Page 3EXHIBIT Aa " ert BALLOON NOTE (Fixed Rate) eR ect av maromrry . YOU MUST REPAY THE ENTIRE PRIN iCIPAL BALANCE OF LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF MAY OWN, OR YOU WILL HA’ VE TO FIND A LENDER, WHICH OTHER ASSESTS THAT YOU MAY BE TAE LENDER. YoU HAVE THIS LOAN WILLING TO LEND YOU THE MONEY. If YOU REFINANCE ‘THIS LOAN AT MATURI TY, YOU MAY HAVE TO PAY SOME OR ALL COSTS NORMALLY ASSOCIATED OF THE CLOSING A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. vamary 10, 2007 New a (Ely 208 Robert Street, Vestal, NY 13850 (Property Address} 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promiseto pris. $ 45,320. “Principat, pls i terest, to the order of the Lender. The 00 (this amount is called Bank, P.S.B., a sav; I will make all paymen under thists Note in the form of cash, check or money order. Tander that sta the Lender ndmay ‘ttansfer this Note. The Lender or anyone wtyho takes this Note is entitled to receive payments under this Note is called the “Note Holder.” by transfer and who 2. INTEREST Interestwill be srl n eps rp il el ncn of rips yearly rate of fF 9,500 bec pi. wl gyn ata it Fate required by Section 2 isthe rate wil pay both before end ater any default deseribed in Section 62) of tis one 3. PAYMENTS (a) ‘Time and Place of Payments 1 will pay principal aod interest by making a payment every month. 1 will make may‘monthly payments on the day of each month begiani on March 1, 2007 T will make these paym everyen month ts until I batWe paid all of the below that I may owe under this Note. Each monthly payment will principal and interest and any other charges be applied to interest before Principal. If,on be applied as of its schedue dule date anddwill Note, I will pay those amounts in fall on that date, which is called make my monthly paymentsat i 2037 a “Maturity Date,” + L still owe amounts Bank, F.S.B., P.O. Box 78826, Phoenix, AZ under this 85062-382 6 ®) Amount of Monthly Paymen or at ediffereat place if requiredby the Note Holder. My monthly payments will be in thetsamount of US.$ 367.12 4. BORROWER'S RIGHT TO PREPAY T have the right to make payments of Principal at any time before they are due. A payment known as a “Prepaym Whenent. make ”a P: repa of Princ designate « payment as a Prep I willym tet en Holder in Writing that I am doing so. I mayonlynotis the Notet, aymeifnthatve not made all the monthly payments due ‘under the ‘Multistate Balloon Note (Fixed Rate)}—Sioglo Fazsily—¥rediie Mac UNIFORM INSTRUMENT Initials: Tae Commu rANCE Si}OURCE, INC,— Page 1 of 3 Form 3299 0171 soe Se 0 une ‘€2000, Tae Conptime Suro el a il ie =x eae sie i= mm Tmay make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Nots Holder may apply my Prepayment to the accrued and interest on the Prepayment aaount before app my to reduce tbe Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dateor in the amount of my ‘monthly payment unless the Note Holder agrees in writingto those changes, s LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is firally interpreted so that the interest or‘other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sum already collected fom me which exceeded it ed limits will be refmded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the ‘reductionwill be treated as a partial 6. BORROWER'S FAILURE TO PAY AS REQUIRED (a) Late Charges for Overdue Payments If the Note Holder has not received the fill amount of any monthly payment by the end of 15 calendar‘days after the date itis due, I will pay a late charge to the Note Holder, The smount of the charge will be 2,000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. fault If1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. «© Notice of Default If am in default, the Note Holder may seod me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full ammount of Principal which has not been paidand all the interest that [ owe on that amount, That date must be at least 30 days after the date on which the uotice is mailed to‘tme or delivered by other means, @) No Walver By Note Holder Even if, st a time when I am in default, the Note Holder does not require me to pay immediately in full as describedabove, the Note Holder will still have the right to do so if am in default at a later time. @) Payment of Note Holder’s Costs and Expenses If the Note Holder bas required me to pay immediatelyin full as described above, the Note Holder will have theright to be paid back by me for all ofits costs and expenses in enforcing this Note to the extent not prokibited by applicablelaw. Those expenses include, for example, reasonable attorneys’ fees. 1 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be gitby delivering it or by mail lng it by Grstclass mal to me atthe Property Address above or ata different address if| give the‘Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering if or by mailing it by firstclass raail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person ia fully and personally obligated to keep all of the promisesmade in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser ofthis Note is also obligated to do these things. Any person who takes aver these obligations, including the obligations of aSuarantor, surety or endorser of the Note, is also obligated to keep all of the promises made in this Note. The Note Holdermay enforce its rights under this Note against each person individually or against all of us together. This means (hat anyone of us maybe required to pay all of the amounts owed under this Note.» WAIVERS Tand any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.“Presentment” means the rights to require the Note Holder to demand payment of amounts due, “Notice of Dishonor” meansthe right to require the Note Holder to give notice to other persons that amounts due have not been paid. Initials:Multistate Balloon Note (Fixed Rate)—-Siughs Pacsily—Fredale Mac UNIFORM INSTRUMENT Form 3290 01/01he commences SANTOR =? saan wee (©2008 The Conlin Svc, Toa eg a i-10; UNIFORM SECURED NOTE addition to the protections given ‘This Note is a uniformn instrument with limited v:variations in some jurisdictions. In ity Instrument”), dated the same ta the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (thedate as this Note, protects the Note Holder from possible lo:ces which might result if I do not keep the promises which Tmake in this Note. That Security Instrument describes how and under what condittions 1 may be required to make immediate follows:payment in full of all amounts I owe under the Note. Some of those conditions are described as ‘Transferof the Property or 2 Beneficial Interest in Borrower. If ll or any part of the Property (or iif Borrower is not a natural person and s beneficial ‘or any Interest in the Property is sold or transferred interest in Borrower is sold or transferred) Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall aot Applicable Law. ‘be exercised by Lender if such exercise is prohibited by Lf Lender exercises this. Lender shall give Bon noticeof ration. The notice shall provide a period of not less than 3 0 days from the date the notice is given in accordance with Section 1S ‘within which Borrower must pay alI sums secured by this Security Instrument. Lf Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without farther notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, & (Seal) (Seal)Carol Sicurella Borrower (Seal) (Seal) Borrower -Bomawer OF Sign Original Oniy] PAYTO THE ORDER nFSD. "\acsasik Dercolosebine VICE PRESIDENT Multis: 2) Single Family—Preddle Mac UNIFORM INSTRUMENT Form 3290 01/01 Tm CounsaNce sommes. Ne BETAINE 7°83 °°? ameuneu anne ‘o700e, Tx CamlingeSee e, whe : asid 90 SOMME gi 2EXHIBIT Bete BROOME COUNTY CLERK RECORDING PAGE Index MORTGAGE BOOKSReturn To: Book 03207 Page: 0197 INDYMAC BANK Cc / 0 DOCUMENT MANAGEMENT Pages 7 0022 901 E 104TH STREET BUILDING B SUITE 400/500 Instrument: Mortgage KANSAS CITY, MO 64131 Date 1/16/2007 Time 10:53:38 Control# 200700001936SICURELLA CAROL Pil#L MT Cx 007033 TT# Employee ID; GMG30953 MORTGAGE TAXRC2 - RECORDING $ 76.00 Mortgage Amount 45,320.00RCMx Basic Recording § 19.00BMTI ~ BASIC MTG $ 226.50 Basic 226.50CMT ~ CTY TAX $ 113.25SAMT - SO AD MTG $ 113.25 Special 113.25 Additional 8 113.25 Total 453,00Total 548.00STATE OF NEW YORK TRANSFER TAXBROOME COUNTY CLERKWARNING-THIS SHEET CONSTITUTES THE CLERKS Taxable Amt $ 00ENDORsem*nT, REQUIRED BY SECTION 316-A(5) &SECTION 319 OF THE REAL PROPERTY LAW OF THESTATE OF NEW YORK. DO NOT DETACH, Transfer Tax $ +00 RICHARD R BLYTHE Comp = CU N UA Ver. Bk, 7000ci sie 7° (90‘Alter recording SeipmakePSB. c/o Dooarent{Geergeny Nema)SNerme of Naurwi Parton} 90) B. 104th Street: Building B Buite 400/500(vee, Fansas City, ND 64132 ry. Slate Zp Gode} fSance Abore This Live MORTGAGEWORDS USED OFTEN IN THIS DOCUMENT ia{Ay “Seourlty Instrament.” This document, which is dated Jamnzy 10, ‘Uogether with all Riders to this document, will be called the “Security Instrument”@y “Borromer.* Carol Sicurella whose edtkess is 208 Tobext Strest, Vestal,WY 13850, sometimes wil be called “Borrower” and sometimes sizopty "I" or me”1), CMBERS” Ic Manga Etcton:Regnraon Sens, in. MERS ss pant corpo dat cingsolely us 8 nominee for Lender and Lender's snocessare andlaws of et Ta an ads and tchphore mente OF "20, £0, te Toss ie 20, ME aioetel, (688) 679-MERS, PURPOSES01MORTGAGEE OF RECORD.@) = “Lender.” IndyMac Bank, F.S.B., & federally savings be called “Lender.” Lender is 0 carporationorassociation which exists under the laws of United Seater of rutica - ‘saddenis 155 North Lake Avenue, Pagadena, CA 91101(£) “Note.” The note signed by Borrower and dated January10, 2007iat ‘Tha Note shows that lowe Lender forty five 18.5 483,320.00pe / es elt sd er sane iat ey bernie, Ube roid to py th ct in Peipay the dete in full by‘eA means Page lelit TONG MestiedFora 3803 UM LORIOY yt hn waren oe— Property." The property tbet fe described lekow in the sectlon titled “Description of the Property,” willbe® catled the "Property?©) "Loon" Tea Lsaa” mene de edn by he Ne, pra, my epee yt Hscharges due under the Note, and af] eumis due onderthis. “Bum Secured," Tue amovols described below in the section titled “Borrower's Tenorter to Lender ofRights in the Property” sonastiqves will be calld the “Sums Secured *Ridere” All Riders attached to this Seourity lostrament hat wre signed by Barower will be called“Riders.” The following Riders are to be signed by Bostower {check bax [_] adjustable Rate Rider | Coadomintarn Rider ‘Seeend Home Rider )Bafivon Rider Planned Unit Development Rider Biweekly Peyment Rider [1-4 Pamily Rider Revncable Trust Rider Le} omer) spect) © Belloon Rider 40 due in 30@ “Applicable Law,” All coutrollmg applicable federal, stat and focal stames,a es tne fi) ehh phe Ba pa aspinins wil be called “Appticebte (1 “Cotomunity Awactation Docs, Fees, and Assessments." All dats, fe, amcesments and other charges‘at ae impened oo Borrower or the Property by a condo anos, botoowners nein oF serorgantzntion will be called “Community Association Dues, Fees, and Ascessments.” a) “Bleetromle Funds Transfer.” “Electronic Funds Transfer” menas any transfer of money, older than bycheck, dealt, ¢¢ similar paper instrument, which is initiated through an electroniccea oop ope ow Instroct, or utboine » Goancial institution to debit oF credit an ace0out. ‘common examples of an Electronic Funds Transfer are tramssert (were 2 card such 26 am asset cpa ct own mec) oe lef AN os, Pe by lelephone, wire transfers, and wutormated chewiny (MH) “Wecvow Teoma.” Thare items thet erp described in Seotinn 3 will be celled "Escrow Rents” 9 ‘siiamatene Proceedi.” Prooeeds" means any settlement, wwnrdof ala by Cid ei (oe Gas eran Seaten) ieee ‘0¢ other taking of al or any part ofthe Property; (it) enaveyvoce it ti Cooder to avoid Condleranation; a (Iv)ar omissions a8 tn, the value ander conditioa of the Property. A taking of tbe Property by sny goveroments)sevthorty ty eminew! dompis is known es “Condemnation.” (0) “Mortgage Insurance.” “Mangas tamed” wes lemeance protering Lowder anes the hoapsymentof, or defaulton, the © “Rerlodle Payesest.” The regul aumoant doe for (0) principal and interest under be Note,{52 (6) ay emcanis woet Seaton 3 vl be ld Pedi @ SuasPasasa: ineans the Real Sepiement Procedare Act (12 USC. F200 o sag) nd temple Seguin x fis CHR Pur 30005 mo ey mia bc er any Nac cedaia Mie UNIDOR DSTRUMENT MERE Modi Fore 33 OE STE COMMUNE SOURCE INE = 2087 ‘10 wae ween 25 citi forems the seme subject matter. As vied in this Security:Additional or qwocessor legislation or reguition thstreetictions Insertiment, *RESPA™ refers 10 all seq es and that are imposed in regacd 10 8 “federally seimed mortgage loan” even iF the Loan doet not qualifyas a “federelated rally mortgage loen” under RESPA, BORROWER'S TRANSFER TO LENDER OF BRIGHTS IN THE PROPERTY| mortgage, grant 2a convey the Property to MERS (solely 2 nomineety Uastrament. fr Lender end Lender's successors in This meses that, by signing inverest) and its siocenses in subject to the tereas of thitThis Security Instrument, tem giving Lender thoes rights that ars stated in this Security Instrument sod sito those righ that Applicabte Law ives 10 leuders wino hold mortgages on veal property. 1 em giving Lander these rights to Lender from possible loses that might eevlt if fil tor (A) Pay all he nononnts that I owe Lene a8 stated in the Note fachading, 6 not listed to, «ft ranowals, extensions ened modificationsof the Note; ) Pay, with ieaest, any amounts Govt Lender spends wader this Scourity Justraneat to protect the valoe and of tbe Property and Lander'sights in the Property; {C) Keep all of my other premises and agresmente under this Security tastrament and the Note, Lundersiand and agree that MERS hokds only.egal title to the vights granted ny me im this Security Invtruaneat, ta, if neceismy to comply with law oe costan, MERS. (88 nominee for Lender and Lender's successors and assigns) has the ciht: (A) (o exercise apy or all of those rights, including, bat not limites Lo, the right to foreclose aad! sell the y 2 ny en reef Lat Leng, ft it wen cnn DESCRIPTION OF THE PROPERTY T give MERS (aolety as nominee tie Lender and Leruer’e successors in interest) rights inthe Property described fm (A) trong (G) below: A) The Propertywhich is locatnd at 208 Robert Street iNew Fork 13850 ‘This Fropecty ig in foiy, Tom oF ViBtege) following legal descriptor: County, Tu has the See Exhibit A attached hereto and made a part hereof (B) AD vitdings and otter imgrovenients that are Jocated cn the Property described in subsection (A) of thie seat Sloman EE wm ncaa‘Page 0011 seems =e VRS Madd Fare Od AY TMNT ete, aD)uit ass (©© Al gts n oder prope ha have as owner of he Property deen ub (A) of he ts are known 23 “ensem*nts and appartenances etixched to the | (D) All rights that f have ix the fare which Lies in the streets ar ronda in foot of, or det to, the Property ) correct my fhilure to keep ny of my other prociises ar agromments made in thit Security Instrnment; (cl Tpay att of Lender's ceasc*ntle expenses in enforcingthis Socurity Instrument fox exe, rettgnable atiomeys* fies, property inpéstion tod valuation ftes, end ether foes inenrred for the prrpote ‘of protecting Lende"s interest in the Property and rights upder this Security Turtrument; unc Meat readie Mae UNIVORM INSTRUMENT WERE Masliad Porm 3609 OLA) COMPUANCE SOTICE, DH — 2e6T AT av 8, CaS TS(8) 1 do whatever Lender reasonably requires to essure that Leadlr’s interest im the Propesty and rights vader this Security Instrument and my obligations usder the Note sud under this Secarity Ivstrument continue Lender may require (bet I pay the sumas and expenses encatioaed in (8) rong (4) in cue oF snore of thefollowing forms, as selected by Londer: (4) cashs (b) money order; (s) oartfied check, bank 

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