FILED: BRONX COUNTY CLERK 12/01/2015 04:13 PM
`FILED: BRONX COUNTY CLERK 12m2015 04:13 P
`
`NYSCEF DOC. NO. 36
`NYSCEF DOC. NO. 36
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`INDEX NO. 35257/2013E
`INDEX NO- 35257/20133
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`
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`R«C«IV«D VYSCEF: 12/01/2015
`RECEIVED NYSCEF: 12/01/2015
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`SUPREME COURT OF THE STATE OF NEW YORK:
`
`COUNTY OF BRONX
`_____________________________________________________________X
`
`THE BANK OF NEW YORK MELLON TRUST
`
`Index No: 35257/13
`
`COMPANY, NATIONAL ASSOCIATION FKA THE
`BANK OF NEW YORK TRUST COMPANY, N.A.
`
`SUCCESSOR TO JPMORGAN CHASE BANK,N.A.,
`AS TRUSTEE FOR RASC 2004-KS6
`
`Plaintiff.
`
`—against-
`
`ATTORNEY STATEMENT
`
`PAUL V. SHARPE; UNITED STATES OF
`AMERICA; RAB PERFORMANCE RECOVERIES
`LLC; NEW YORK CITY EVIRONMENTAL
`CONTROL BOARD; NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE;
`
`NYC DEPARTMENT OF FINANCE-PARKING
`
`VIOLATIONS BUREAU CITY COLLECTOR &
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`BRONX REDEMPTION CENTER;
`“JOHN DOE” AND “JANE DOE” said names being
`fictitious, it being the intention of Plaintiff to designate
`any and all occupants of the premises being foreclosed
`herein,
`
`_____________________________________________________________X
`
`Defendants.
`
`Donna Akinrele, Esq., pursuant to CPLR 2106 and under the penalties of perjury, affirms:
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`1.
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`I am an attorney duly licensed to practice law in the state of New York and associated with
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`McCabe, Weisberg & Conway, P.C., attorneys for Plaintiff, The Bank of New York Mellon Trust
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`Company, National Association fi<a The Bank of New York Trust Company, N.A. successor to
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`JPMorgan Chase Bank, NA, as Trustee FOR RASC 2004-KS6, (hereinafter referred to as “The
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`Bank of New York Mellon Trust Company”).
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`I make this statement based upon my review of the
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`file maintained by this office in support of The Bank of New York Mellon Trust Company’s
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`

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`Application, on its foreclosure Complaint, for default judgment against the Defendants and for the
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`appointment of a referee to compute the amount due Plaintiff.
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`2. The action was commenced to foreclose a mortgage on certain real property known as 952 E
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`226Th Street, Bronx, NY 10466 (the “Premises”).
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`PROCEDURAL HISTORY
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`3. Based on the facts as set forth in the Complaint, and the annexed affidavit of Katie Drouin
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`sworn to on August 21, 2015 (the “Drouin Affidavit”), on or about April 6, 2004, the Borrower,
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`Paul V. Sharpe (“Defendant”), executed and delivered to AEGIS Funding Corporation a Note (the
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`“Note”), whereby the Defendant agreed to pay to AEGIS Funding Corporation or its transferees the
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`sum of $3 00,000.00 with interest thereon, installments ofprincipal and interest to be paid pursuant to
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`the terms of the Note in substantially equal payments on the same date of each month until maturity
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`(See Exhibit “A” and Drouin Affidavit 1] 4.).
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`4. As a collateral security for the payment ofthe Note, the Defendant executed, acknowledged,
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`and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for AEGIS Funding
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`Corporation a Mortgage dated April 6, 2004 in the principal amount of $300,000.00 (the
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`“Mortgage”), which was recorded with the County Clerk of Bronx on November 1, 2004 in CRFN
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`number 2004000675838 for Block 4861, Lot 77 and the mortgage recording tax was duly paid (SE
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`Exhibit “B” and Drouin Affidavit 1] 5.).
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`5. The note was indorsed, by a special indorsement to The Bank of New York Mellon Trust
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`Company, National Association fl<a The Bank of New York Trust Company, N.A. successor to
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`JPMorgan Chase Bank, NA, as Trustee FOR RASC 2004-KS6, Plaintiff herein. (SEE Exhibit “A.”)
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`Pursuant to UCC § 3—204(l), the effect of the indorsement is to make the note payable to the special
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`indorsee and such note may be further negotiated only by the indorsement of the special indorsee.
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`

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`Moreover UCC Section 9-203(g) explicitly provides that the assignment of interest of the seller or
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`other grantor of a security interest in the note automatically transfers a corresponding interest in the
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`mortgage to the assignee. The relevant provision states, “The attachment of a security interest in a
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`right to payment or performance secured by a security interest or other lien on personal or real
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`property is also attachment of a security interest in the security instrument, mortgage or other lien.”
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`Under the rule in UCC Section 9-203(g), if the holder of the note in question demonstrated that it
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`had an attached security interest in the note, the holder of the note in question would also have a
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`security interest in the mortgage securing the note even in the absence of a separate assignment ofthe
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`mortgage. Plaintiff was in possession of the Note (and Mortgage) at the time of commencement of
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`the action.
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`(See Drouin Affidavit 11 6.) An Assignment of Mortgage dated October 22, 2012,
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`transferring the mortgage from Mortgage Electronic Registration Systems, Inc., acting solely as
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`nominee for Aegis Funding Corporation, its successors and assigns to The Bank of New York
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`Mellon Trust Company F/K/A The Bank ofNew York Trust Company, N.A. successor to JPMorgan
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`Chase Bank NA, as Trustee for RASC 2004—KS6 was recorded on November 1, 2012 in CRFN
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`number 2012000432000 in the Office of the County Clerk of Bronx County. (See Exhibit “C.”).
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`Accordingly, Plaintiff is entitled to enforce the terms of the Note.
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`6. The Defendant failed to comply with the terms of the Note and the Mortgage by omitting and
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`failing to make monthly payments of the principal and interest due from December 1, 2011 to date
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`(S63 Drouin Affidavit 11 10.). As of the date this affirmation was signed the Defendant are still in
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`default.
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`7. By virtue of the aforementioned default, Plaintiff sent a 30—Day Notice of Default on
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`February 2, 2012 in accordance with the terms of the Mortgage (E Exhibit “E” and Drouin
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`Affidavit 11 9.).
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`

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`8. Plaintiff also sent a 90-Day Notice to Defendant pursuant to and in compliance with RPAPL
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`1304 on March 6, 2013 (See Exhibit “D” and Drouin Affidavit 11 7.).
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`9. As a result of the continued default, after compliance with notice requirements of default
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`under the terms of the Mortgage and Note and pursuant to RPAPL 1304, and in accordance with its
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`rights under the Mortgage and Note, Plaintiff has elected to exercise its option to demand immediate
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`payment in full of the amount outstanding under the Mortgage and Note and has notified the
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`Defendant of its decision to demand immediate payment in full (E Drouin Affidavit 11 11.).
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`10. On or about August 19, 2013, the Summons and Complaint with respect to this action were
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`duly filed in the Office of the Clerk of Bronx County (See Exhibit “F”). On or about August 19,
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`2013, the Notice of Pendency with respect to this action was duly filed in the Office of the Clerk of
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`Bronx County. On or about October 2, 2013, the Notice of Pendency of Action Pursuant to RPAPL
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`§ 1331 was duly filed in the Office of the Clerk of Bronx County. As can be seen from the copy
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`attached hereto, the Summons was prepared in compliance with the requirements of RPAPL Section
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`1320. An exact photocopy of said Summons is attached hereto, evidencing that the Summons
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`contained the required notice in boldface and in the form required by statute.
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`11. Service upon all Defendants has been accomplished in compliance with CPLR 308, CPLR
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`311, BCL 306, BCL 307, and 28 USC 2410 (S_ee, Exhibit “G.”).
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`12. Counsel for Plaintiff provided the process server the Summons and Complaint, printed on
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`white paper, together with the Notice required by RPAPL § 1303(a) (E Exhibit “H.”), printed on
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`colored paper, different from the color of the paper on which the Complaint was printed. As can be
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`seen from the affidavit of service attached hereto as Exhibit “G,” the process server effected service
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`upon the mortgagor with a compliant copy of the notification required pursuant to RPAPL § 1303.
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`An exact photocopy of said Notice is attached hereto, evidencing that the title of the Notice is in
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`

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`bold, 20-point font, the text of the Notice is in bold, 14-point font, it was on its own page, and it was
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`served with the Summons and Complaint.
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`13. The mortgagor was served with additional notice of the Summons in compliance with CPLR
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`3215(g)(3). The Affidavit of Service by mail is attached hereto as part of Exhibit “G.”
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`14. Plaintiff has complied with the requirements of CPLR 3408 and on June 26, 2014 received an
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`order releasing this matter from the settlement conference part (See Exhibit “I.”). (Order)
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`15. Upon information and belief, none of the Defendants in this action are infants, incompetents
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`or absentees. None of the Defendants in default are in the military service as defined by the Military
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`Law and the Soldiers” and Sailors” Civil Relief Act (See Exhibit “J .”).
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`16. A copy of the previously filed attorney affirmation required by the Office of Court
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`Administration's directive issued October 2010 is attached as Exhibit “K”.
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`17. None of the Defendants have answered the Complaint, with the exception of Defendant(s)
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`United States of America, who has appeared and waived notice of this application and New York
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`State Department of Taxation and Finance, who has appeared and waived notice of this application.
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`(See Exhibit “L”). The time in which to answer or move with respect to the Complaint has expired.
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`18. No one is entitled to notice of this application.
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`PLAINTIFF IS ENTITLED TO THE RELIEF RE! QUESTED HEREIN
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`19. Plaintiff is entitled to the appointment of a referee pursuant to RPAPL Section 1321 to
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`determine the amount now due and owing to Plaintiff and whether the premises should be sold as l
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`parcel or broken up in multiple parcels.
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`20. Additionally, Plaintiff requests: that the names of defendant(s) “JOHN DOE” and “JANE
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`DOE” be severed and stricken from the caption herein and that the action be discontinued as to them,
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`

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`all of the foregoing Without prejudice to any of the proceedings heretofore had herein or to be had
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`herein, and the caption should read as follows:
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`SUPREME COURT OF THE STATE OF NEW YORK:
`
`COUNTY OF BRONX
`___________________________________________________________X
`
`THE BANK OF NEW YORK MELLON TRUST
`
`INDEX NO: 35257/13
`
`COMPANY, NATIONAL ASSOCIATION FKA THE
`BANK OF NEW YORK TRUST COMPANY, N.A.
`
`SUCCESSOR TO JPMORGAN CHASE BANK,N.A.,
`
`AS TRUSTEE FOR RASC 2004—KS6,
`
`MORTGAGED PREMISES:
`
`952 E 226TH STREET
`
`Plaintiff,
`
`BRONX, NY 10466
`
`~against-
`
`BL #: 4861 — 77
`
`PAUL V. SHARPE; UNITED STATES OF
`AMERICA; RAB PERFORMANCE RECOVERIES
`LLC; NEW YORK CITY EVIRONMENTAL
`CONTROL BOARD; NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE;
`
`NYC DEPARTMENT OF FINANCE—PARKING
`
`VIOLATIONS BUREAU CITY COLLECTOR &
`
`BRONX REDEMPTION CENTER;
`
`Defendants.
`___________________________________________________________X
`
`21. No previous application has been made for the relief requested in the annexed Order.
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`Intentionally Left Blank
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`

`

`CONCLUSION
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`22. For all of the foregoing reasons, this Court should enter the annexed Order granting a default
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`judgment against the Defendant(s), and appointing a referee to compute the amount due to The Bank
`
`of New York Mellon Trust Company on its mortgage foreclosure Complaint.
`
`Dated: Melville, New York
`
`November 25, 2015
`
`I hereby certify pursuant to 22 NYCRR § 130-
`1.1-a that,
`to the best of my knowledge,
`information and belief, formed after an inquiry
`reasonable under
`the circumstances,
`the
`presentation of the papers listed below or the
`contentions
`therein are not
`frivolous as
`
`defined in 22 NYC
`
`§ 130-1.1(c):
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`CONWAY, P.C.
`
`
`
`McCABE, WEISB
`
`
`
`Donna Akinrele, Esq.
`145 Huguenot Street, Suite 210
`New Rochelle, New York 10801
`914.636.8900
`
`

`

`:
`
`STATE OF NEW YORK:
`
`COUNTY OF BRONX
`SUPREME COURT
`.............................................................. x
`
`THE BANK OF NEW YORK MELLON TRUST COMPANY,
`NATIONAL ASSOCIATION FKA THE BANK OF NEW
`YORK TRUST COMPANY, N.A. SUCCESSOR TO
`JPMORGAN CHASE BANK,N.AI, AS TRUSTEE FOR RASC
`2004‘KS5
`
`’
`
`Plaintiff,
`
`“vs-
`PAUL V. SHARPE; UNITED STATES OF AMERICA; RAB
`PERFORMANCE RECOVERIES LLC; NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD; NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE; NYC
`DEPARTMENT OF FINANCE - PARKING VIOLATIONS
`BUREAU CITY COLLECTOR & BRONX REDEMPTION
`CENTER;
`” JOHN DOE” AND "JANE DOE" said names being fictitious, it
`being the intention of plaintiff to designate any and all occupants
`of the premises being foreclosed herein,
`
`Defendants.
`________________________________________________________________X
`
`Index No; 3525771313 _
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`,
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`
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`
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`A l"’l'""ll)/\Vl'l" OF I N li?)l-iR'il‘l5€l')NESS
`
`I, K?fl_8l2£gg_lgfi_fi_mwm being of lawful age and being first duly sworn on
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`oath, states and deposes as follows:
`
`I.
`
`I am over 18 years of age. I have personal knowledge of the facts in this Affidavit
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`based on my review Of the business records defined below, am competent to testify about such
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`facts and would do so if I appeared as a witness in the above-styled action.
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`2.
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`I am employed as a
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`Germ immanent Coordinator
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`by chen Loan Servicing, LLC
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`(“OCWEN”), servicer for The Bank of New York Mellon Trust Company, National Association
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`ika The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as
`
`Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass
`
`Through Certificates Series 2004—KS6 (“Plaintiff”). As such,
`
`I am authorized to make this
`
`Affidavit.
`
`3.
`
`In the regular performance Of my job functions, I have access to and am familiar
`
`with the business records (the “Records”) relating to the servicing of the mortgage loan at issue
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`

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`in this foreclosure action (the “Loan”). The Records document transactions relating to the Loan
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`(the “Transactions”).
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`The Records were made at or near the time of the Transactions
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`documented thereby by a person with knowledge of the Transactions or from information
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`transmitted by a person with knowledge of the Transactions, and were made and are maintained
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`in the regular and usual course of business. In connection with making this Affidavit, I reviewed
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`and relied upon the Records.
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`4.
`
`The Plaintiff is entitled to enforce the promissory note and/or loan agreement (the
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`“Note”) and is the mortgagee of record.
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`The Note is secured by a mortgage (“Mortgage”).
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`Plaintiff was in possession of the Note at the time of commencement of this
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`5.
`
`6.
`
`action.
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`7.
`
`The Records that
`
`I have reviewed indicate that
`
`the attached 90—day prev
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`foreclosure notice was mailed to Paul V. Sharpe at the property address of the real estate at issue
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`herein and to the last known address of the borrower(s), if different, separate from any other
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`mailing, by certified mail and also by first class mail on March 6, 2013. True and correct COpies
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`of the 90-day pre~foreclosure notice (showing its content, format, and the addresses to which it
`
`was sent), including both the first class mail notice and the certified mail notice with the certified
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`mail tracking number, are attached hereto as Exhibit “D”.
`
`8.
`
`The Records that I have reviewed indicate that within three business days of the
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`mailing of the notice described above,
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`it was electronically filed with the Superintendent of
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`Banks, in the form prescribed by the Superintendent, setting forth the name, address, last known
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`telephone number of the borrower(s), and the amount claimed as due and owing on the
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`mortgage, and that
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`the Superintendent’s website acknowledged receipt of the required
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`information.
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`

`

`9.
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`The Records indicate that the attached demand letter and notice of default under
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`the Mortgage was mailed to Paul V. Sharpe, on February 2, 2012. A true and correct copy of the
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`notice and the address(es) to which it was sent is attached hereto as Exhibit “E”.
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`10.
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`According to the Records, Defendant, Paul Sharpe (“Defendant”) last payment
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`pursuant to the Note and Mortgage was applied to the installment due for November 1, 2011, and
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`Defendant is therefore in default for failing to tender the required monthly payments when due.
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`11.
`
`According to the Records, all amounts due pursuant to the Note and Mortgage
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`have been accelerated.
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`12.
`
`According to the Records, as of 08/ 14/15 the following amounts are due and
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`owing pursuant to the Note and Mortgage:
`
`Unpaid Principal Balance:
`
`Deferred Principal Balance:
`
`Interest (at date of default 5.999%) from 11/01/11 to
`08/ 14/ l. 5:
`
`(per diem or FHA Monthly Interest: $ 43 .66)
`
`$266,095.88
`
`$0.00
`
`$60,339.40
`
`Late Charges:
`Escrow Balance/ Advance:
`Taxes (20132015):
`Insurance (2014):
`Escrow Payments/Credits:
`Prior Servicer Escrow Balance {ifapplicable) .'
`
`N/A
`$39,783.15
`$19,919.12
`$4,469.82
`($0.00)
`$15,394.21
`
`ADDITIONAL COSTS:
`
`Property Inspections:
`Property Valuation Fee/ BPO:
`Prior Servicer Fees
`
`Property Preservation/ Maintenance Fees:
`Certified Mail Cost:
`
`Title Search Expenses:
`Interest Arrearage:
`
`Subtotal
`
`Less Suspense Balance
`
`$252.00
`$170.00
`$0.00
`
`$0.00
`$0.00
`
`$417.50
`$0.00
`
`$367,057.93
`
`($1.89)
`
`

`

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`GRAND TOTAL as of 08/14/15
`
`$367,056.04
`
`nfite i
`
`
`.
`
`in S
`' i.‘ignuiure
`
`“
`
`Print Name: “
`
`Katie Drouin
`
`Title: W,,,,,,,,,,°....°‘,,,,,,,"...a“.......'...“fttiiiiiifff‘inii.............................................................
`chen Loan Servicing, LLC, servicer for The Bank of
`New York Mellon Trust Company, National Association
`fl<a The Bank of New York Trust Company, N.A. as
`successor
`to JPMorgan Chase Bank,
`as Trustee for
`Residential Asset Securities Corporation, Home Equity
`Mortgage Asset-Backed Pass Through Certificates Series
`2004—KS6
`
`
`UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
`
`(Outside of New York State)
`f;
`
`STATE OF Miler......i(it
`COUNTY or Mr \j\'\
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`tttttttttt>
`tit/“(if i" l
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`
`in the year 90! V before me,
`0n the oil,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, day of ,,,,,,,,,,,Hyatt/gr m
`
`
`the undersigned, personally appeared
`Katie Drouin
`, personally 51193331 to
`
`me or proved to be on the basis of satisfactory evidence to be the individual/Q whose”limi'ie(;")’“is
`(are) subscribe: i to the within instrument and acknowledged to me that he(she7;thcy executed the“
`same in his heathen cupacityfies)~ and that by his/ ier7:their signature(s) o‘i‘i’ the instrument, the
`individual(s){"15r
`the person upon behalf ot‘ whicli the individua1(s) acted, executed the
`instrument.
`
` WITNESS my hand and official seal
`
`SEAL OR STAMP
`
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`{innetoener Kelley
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`(errati‘tms;"tramp commission of
`Notary Public)
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`

`

`Index No: 35257/13E
`
`CERTIFICATE OF
`CONFORMITY
`
`STATE OF NEW YORK:
`
`COUNTY OF BRONX
`SUPREME COURT
`..........................................................X
`
`THE BANK OF NEW YORK MELLON TRUST
`COMPANY, NATIONAL ASSOCIATION FKA THE
`BANK OF NEW YORK TRUST COMPANY, N.A.
`SUCCESSOR TO JPMORGAN CHASE BANK,N.A., AS
`TRUSTEE FOR RASC 2004-KS6,
`
`-VS-
`
`Plaintiff,
`
`PAUL v. SHARPE; UNITED STATES OF AMERICA;
`RAB PERFORMANCE RECOVERIES LLC; NEW YORK
`CITY ENVIRONMENTAL CONTROL BOARD; NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`
`FINANCE; NYC DEPARTMENT OF FINANCE —
`PARKING VIOLATIONS BUREAU CITY COLLECTOR
`& BRONX REDEMPTION CENTER;
`” JOHN DOE” AND ”JANE DOE” said names being fictitious,
`it being the intention of plaintiff to designate any and all
`occupants of the premises being foreclosed herein,
`Defendants.
`_________________________________________________________________X
`
`)
`STATEOF Hmick
`COUNTY OF flfljm[3,ng ) $5..
`
`The undersigned does hereby certify that he@ is an attorney at law duly admitted to practice in the State
`of MEL W, and presently residing at fiimggmgégn’n the State of
`“FL ; that he/she is a person duly
`qualified to make this certificate of conformity pursuant to Section 299~a of the Real Property Law of the State of
`New York that he/she is fully acquainted with the laws of the State of
`F1...
`pertaining to
`2! ixnowicdg1mm or proof ofdeeds or real property to be recorded therein; that the foregoing acknowledgment by
`Katie [Tito it; ..
`,.
`
`
`State1n which it was taken; and that it duly conforms with such laws and15 in all respects valid and effective in such
`state.
`
`
`( '
`Witness my signature this 1.)]_
`
`-
`
`/
`
`any Mitt/Age” ,20/5
`MemberofLE L
`
`
`
`
`Attorney
`
`Bar
`
`

`

`

`

`.V.“._
`
`Identitier—
`
`Doc memo-ran
`
`Loan N0:—
`\Borrower: PAUL SHARPE 0
`
`,
`
`April 5. 2004
`
`V
`
`‘
`
`’
`
`NOTE
`
`BRONX
`lCityl
`
`952 E 22er gr
`BRONX. new YORK l0466
`m most
`
`Data ID: no
`
`m—
`
`NEW YORK
`[Sine]
`
`.
`
`'
`
`I. BORROWER’S PROMISE TO PAY
`In return for a loan that l haw.- received. I promise to pay US. 5 moo (this amount is called 'Principal"),
`plus interest, to the order ol‘ the Lender. The Leader ls AEGIS FUNDING CORPORATION.
`I will make all
`payments under this Note In the form of cash. attack or money order.
`I understand that the lender may transfer lhis Note. The Lender or anyone who takes this Note by transfer
`and who is entitled to receive payments under this Note Is called the 'Note Homer."
`2. INTEREST
`
`I will pay intemt
`lntemt will be charged on unpaid principal until the full amount of Prlnct'pal has been palu.
`at a yearly rate of 5.990%.
`The interest rate required by this Section 2 is the rate I will pay both before and after any default described
`In Section 6(3) of this Note.
`3. PAYMEN’IS
`
`(A) Time nntl Place at i’ayments
`I will pay principal and interest by making a payment every month.
`I will make my monthly payment on the first dayofead) month beginning on June I, m I will make these
`l may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied
`to interest before PrlndpaL If, on May I. m I still owe amounts under this Note, I will pay those amounts in
`fun on that date, which i! called the 'Mnturity Date.‘
`I will malre my monthly payments at 5208 WEST RENO, SUITE 255. OKLAHOMA 017. OK 73127 or at
`a dill‘crutt place if required by the Note Holder.
`
`WMMMIM
`
`Formam t/m
`(P099 1 0/4 P89”)
`
`
`
`

`

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`gig-monthly paymentwillbein theamottntoi U.S.3 M9617.
`‘4. BORROWER’S RIGHT 1‘0 PREPAY
`i only
`l have the right to stab
`ts of Principal at any time before they are due. A payment ofPrtnci
`is known as a 'i’rcpayrneet.’
`intake a P
`I, i will tell the Note Holder in writing that lam in so.
`Many not designate a payrnent u a Prepayment i have not made all the monthly payments due antler the me.
`i
`p
`-
`all or any part of the unpaid balance of the prindpalfast 30"?“ in which eteot Note Holder
`my. «"309;
`and as permitted by law, assess a prepayment penalty 0
`of the amount prepaid in the tlrst
`lZntonth period).
`year
`fthisNotetsnotladciattlmheNoteHotderwillnscnt P
`tsloreduoeihcammmtofl’rlnci
`that
`i one under this Note. Homer. the Note Holder may app
`hmyntent to the accrued and unpaid molest
`on the Prepayment alumni before applying my Prepayment to r
`tree
`Principal amount of the Note.
`if i make
`a paniai Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
`Note Holder 3 ees in writing to those change:
`_
`mtg; partial payout of any payment. Note Holder does not waive the right to coiled the remainder
`payment. Ammo! any“payment alter maturity. or waiver of any breach or default of the terms of this
`of s
`Note shall not constitute a waiver
`any inter or other brutal or default, and failure of Note Holder to exercise
`any oi its rights shall not dominate waiver of such rixltts.
`5. LOAN CHARGES
`to this loan and which sets maximum loan charges, is finally interpreted so that the
`If 9 law, which n
`collected or to he collected in connection with this loan exceed the permitted limits,
`interest or other loan
`then: (a) any such lozt'n chrze shall be reduced by the amount neoeesary to reduce the charge to the permitted limit;
`and (b) any sums already collected front the whldt queued permitted limits will be refunded to rue. The Note
`Holder may choose to lake this refund by reducing the Principal l owe under this Note or by enticing a direct
`payment to me.
`If a refund reduces Principal. the redutaion wil be Imtcd as n poninl Prepayment.
`6. BORROWER'S FAILURE To PAY As REQUIRED
`(A) Loin Charge for Overdue Payments
`If the Note Holder has not received the full amount of at monthly payment by the end of 15 calendar days
`after the date it is due. I will
`a late marge to the Note Ho
`. The amount of the charge will be 2.00 W: of
`thy overdue payment of
`pal and interest.
`1 will pay this late charge promptly but only once on mil late
`payment,
`(B) Mull
`If i do not pay the fall amount of each monthly payment on the date it is due, I will be in default.
`(C) Acceleration
`ii i am in default. the Note Holder may without notice or demand, unless otherwise repaired by applicable
`laW. require me to pay immediately the full amount of Principal that has not been paid and at
`interest that l owe
`on that amount.
`(0) No Waiver By No“ "older
`Even if, at a time when last in default, the Note Holder does not require me to pay immediately in lull as
`described above, the Note Holder will still have the right to do so if i am in default at a later time.
`(E) Payment of Note Holder's Costs and
`It the Note Holder has required me to pay immediately in full as described above, the Nate Holder will have
`the right to be paid back oy use {or all of its costs and espertses in enforcing this Note to the orient not prohibited
`by applicable law. Those apettses include, for example, reasonable attorneys' fees.
`
`'
`
`-
`
`NEWYOMFDED'MTENOTE.WM.MWMWW
`Whyflddebuuliflnhm
`
`{Page
`Pages
`Ringgit: 1N1,
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`Unless ap liable law requires a different method, any notion tint must he men to me under this Note will
`wheyvertbydelpivering it orby mailingit bylirst elm mail to meal therperlyAddress aboveorttt adilierent
`adorns if site the Note Holder a notice of my dti‘t‘crent addrm.
`Any notit: that must be given to the Note Holder under this Note will he given by delivering it or by milin
`it by first class mail to the Note Holder at the address stated in Section 3(A) nboue or at a dliremnt address it
`ant given a notice or that different address
`
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`if more than one person signs this Note. etch person is fully and personally obligated to keep all oi the
`promises tnttde in this Note. including the promise to pay the full antount wed. Any person who in a granular.
`surety or eodorser of this Note 8 also obligated to do there things. Any person who inks over these obligations.
`including the obligation of a gunmntor. surety or endorser of this Note. is also obligated to keep all of the promises
`made in this Note. The Note Holder may enforce its rights under this Note agaimt eoclt person individually or
`against all oi it: together. This means that any one of us may he required to pay tilt of the amount; owed under
`9. WAWERS
`
`I and any other person who has obligations under this Note waive the rights or notice of emeleratlon.
`Preeenttncnt and Notice of Dishonor. ‘Presehttnenl' means the right to require the Note Holder to demand payment
`of amounts due. ”Notice of Dishonor“ meant the right to require the Note Holder to give notice to other persons
`that amounts due have not been paid.
`.
`l0. UNIFORM SECURED NOTE
`“‘3 Note is n uniform instrument with limited variations in some jIrirditsions.
`
`in addition to the protections
`
`titre Immediate payment in full 0! till Sums Secured by this Security Instrument if all
`Lender may r
`or any part of the roperty, or ii any right in the Property. is sold or transferred without Lender's prior
`written permislon.
`ll Bonwcr is not 1 natural person and a beneficial interest in Borrower is sold or
`transferred without Lender‘s prior written permission, Lender also may require immediate payment in full.
`However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
`ll Lender requires immediate payment in {till under this Section is, Lender will give me a notice which.
`states this requirement. The notice will give me at least 30 days to nuke the required payment. The 30-
`dayperiodwillbcgin onthcdatethenotieeisghtento meiothemnoerreqnlredoySection iSotlhis
`Seoulty Instrument.
`l! I do not make the required payment during that period, Lender may act to enforce
`its rights under this Security instrument without giving me any further notice or denund for payment.
`
`NEWYORK FIXED RATENMEowr-m-mmmmmmm
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`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDER ONED.
`
`mum-.. ~mu......mum
`“PAUL SHARPE —Bom
`VI
`
`
`
`NEWYORK FDCEDRATENOTEsmhmw-mwumwomm
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`ALLONGE TO PROMISSORY NUTS
`
`Loan
`
`Borrower: Paulv. 5w «2.
`Note Date: Aprfl 6. 2
`Address: 952 East 226“ Street. Bronx, NY 10466
`Loan Amount: $300,000.00
`
`PAY TO THE ORDER OF:
`
`The Bank of New York Mellon Trust Company. National Association FKA The Bank of New York
`Trust Company. NA. successor to JPMorgan Chase Bank NA. as Trustee for RASC 2004«KSB
`
`Without Recourse
`
`The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York
`Trust Company. NA successor to JPMorgan Chase Bank NA. as Trustee. by Residential
`Funding Company. LLC fka Residential Funding Corporaflon. Attorney In Fact
`
`A4.
`
`Kvfla! $4M"
`
`Authorized Officer
`
`

`

`
`

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`
`
`
`OFFICE OF THE CITY REGISTER
`
` NYC DEPARTMENT OF FINANCE
`
`
`
`This page is part ofthc insh1ment.The City
`Register will rely on thc infamation pmvided
`by you on thispage for puxposw of indexing
`
`this instrument. The informational this page
`will control for indexing pmposes in the event
`of any conflict with the mat of the document.
`
`
`
`RECORDING AND ENDORSEMENT COVER PAGE
`PAGE 1 OF 26 ‘
`Document ID: '2004042300504001
`.
`Document Date: 04-06-2004
`
`Preparation Date: 04-23-2004
`Document Type: MORTGAGE
`
`
`Document ‘2 eOountz25
`
`PRESENTER:
`.
`RETURN TO:
`
`
`ALL ISLAND ABSTRACT LTD. AS'AGENT FOR.
`
`AEGIS FUNDING CORPORATION
`
`FIDELITY TITLE INS. C0.
`.
`ATTENTION: AEGIS’FUNDING CORP.
`
`81 SCUDDER AVE.
`PO. BOX 84308
`
`
`NORTHPORT, NY 11768
`
`BATON ROUGE, LA 70884
`
`
`63127544217
`AIA-F-55654-B
`
`
`
`
`PROPERTY DATA
`
`Borough
`Block Lot
`Unit
`Address
`
`
`Entire Lot
`BRONX
`4861
`77.
`952 EAST 226 STREET
`
`
`Property Type: DWELLING ONLY - 2 FAMILY
`
`
`
`
`MORTGAGEE/LENDER:
`
`-
`
`‘
`
`
`
`PO BOX 2026
`FLINT, MI 48501-2026
`
`
`CROSS REFERENCE DATA
`.
`A
`~
`_
`
`
`CRFNW or Document‘IDW or
`Year
`Reel _ Page.” or FiIeNumber
`
`
`
`PARTIES
`
`
`MORTGAGER/BORROWER:
`
`' PAUL V. SHARPE
`
`
`952 a 2261‘}! STREET
`' BRONX, NY 10466
`
`
`
`
`
`
`
`
`Mortgage
`
`
`'
`‘
`
`
`
`'
`.
`
`
`
`0.00
`
`'
`
`_
`
`,
`
`162.00
`Recording Feez$
`.00
`0
`AffidaVitFee:
`.
`NYC Real Property Transfer Tax Filing Fee:
`— 0
`s
`NYS Real Estate Transfer Tax:
`0.00
`'
`~
`2
`RECORDED OR FILED IN THE OFFICE
`THE CITY REGISTER OF THE
`
`CITY OF NEW YORK
`0
`‘
`\
`-,.-V
`11-01-2004 12:50
` Reconicd/Filed
`>
`0
`
`L' v
`City RegisterFile No.(CRFN):
`’I.’
`2004000675838
`.
`
`
`
`.
`
`.
`
`.
`
`Cil' R8 .
`
`0
`
`t
`
`

`

`Loan No:
`Bommr:
`
`' “ V'FW'E
`
`'
`
`Data In 110
`
`TaxAnooum Number:
`
`Return to: AEGIS FUNDING CORPORATION
`ATTENTION: AEGIS FUNDING CORP.
`P.0.-BOX 84308
`
`BATONROUGELA‘IOSM
`' AIR-F'55b5‘l’5
`
`[Span-AbwumlalknwaDd-II
`
`’
`
`MORTGAGE mm;—
`WORDS um) om IN THIS DOCUMENT
`
`“WWW" mamgwmndammammmmmanmm
`mmmummmcmymc"
`
`r (B)"Bonm.’mm.v. 981mm .whoscaddtmisfiZBZZé‘fl-lST,BRONX,NEWYORKI
`Aglpl
`1N“mmefinnhflbemlbd“homu’mdmmcflmusimply“?w‘mu’
`-
`(Q‘Mms'kmgagcmocuonickcgisuafionmJnn Whamwwtponfionmt
`isawngsomyasa-omimefutlmduandlmduksmmmm MERSlsmxanjudand
`mmmmotnmgmmmmmmepmnmorm.summing.
`M]48501-2026,vd.(888) 679-MERS. FORPURPOSES OPRRCORDDIGTHISMOR'IGAGEMRRS
`IS THE MOWER OF RECORD.
`.
`
`'
`
`(D) Wet.” ABOB FUNDING CORPORATION wfll be called “Loam." lander is a amputation
`or madam-which exist: under (he'laws 01111:: State “DELAWARE. Imam addrus is 3250
`BRIARPARK DRIVE, SUITE 400. HOUSTON, TX 77W
`
`(E) “Nm'mmsignédbmemanddatedAprflfiW.wfllbealMtho“Notcf mum
`
`(Him? I]: pmpeny that is dcswbed below in the section titled "Won of thc
`Pmpenyfi' will be called the “Property.”
`
`(G) mm.” 110 ”Loan” means u» deb! evidenced by the Now, plus ham-any fichaymem charges
`and late charge: due under tho Note; and an sums‘duq under this Security