FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 11512019 03:26 P
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`NYSC
`3F DOC. NO.
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`RfiCfiIVfiD VYSCEF:
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`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF KINGS
`
`NATIONSTAR MORTGAGE LLC D/B/A MR.
`
`CERTIFICATE OF MERIT
`
`INDEX NO.
`
`COOPER,
`
`Plaintiff,
`
`vs.
`
`MARC ERLENBACH; NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD; NEW
`
`YORK CITY PARKING VIOLATIONS BUREAU;
`NEW YORK CITY TRANSIT ADIUDICATION
`
`BUREAU,
`
`"JOHN DOE #1" through "JOHN DOB #12," the
`last twelve names being fictitious and unknown to
`plaintiff, the persons or parties intended being the
`tenants, occupants, persons or corporations, if any,
`having or claiming an interest in or lien upon the
`premises, described in the complaint,
`
`Defendant(s).
`
`1.
`
`I am an attorney duly licensed to practice in the state of New York and am affiliated
`
`with the law firm of RAS BORISKIN, LLC, the attorneys for the above-named
`
`plaintiff.
`
`2. Christy Vieau, a Document Execution Associate of plaintiff or plaintiff‘s servicer,
`
`confirmed that she personally reviewed plaintiffs documents and records relating to
`
`this case for factual accuracy.
`
`3. Based upon my review of the communication with plaintist representative, as well as
`
`upon my own inspection of the documents and other diligent inquiry, I certify that to
`
`the best of my knowledge, information and belief, there exists a reasonable basis for
`
`the commencement of a mortgage foreclosure action and that plaintiff or its nominee
`
`is entitled to enforce its rights under the loan documents in accordance with
`
`applicable law.
`
`|||[I[|||||||||||||||||l|||l|||ll||||||||ll|||
`19-378845 - MeM
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`IlllllllllllllIlllll||||Ill||I||||||||l|l||||||||III
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 3
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`INDEX NO. 524848/2019
`INDEX NO- 524848/2019
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`R«.C«.IV«.D
`VYSCEF: 11/13/2019
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`4. All of the relevant documents, all of which have been reviewed by me, are attached to
`
`this Certificate of Merit.
`
`Dated:
`
`NOV
`
`U 8 2019
`Westbury, New York
`
`BY:
`
`] SARA BORISKIN, ESQ.
`[
`] ANTHONY CELLUCCI, ESQ.
`[
`[K] ALECIA c. DANIEL, ESQ.
`
`19-378845 - MeM
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCI3F DOC. NO.
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`NYSCEF DOC. NO. 3
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`INDEX NO. 524848/2019
`INDEX NO- 524848/2019
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`RnCnIVnD VYSCEF: 11/13/2019
`RECEIVED NYSCEF: 11/13/2019
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`i
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`J
`
`.
`
`January 30 , 2008
`mm]
`
`White Plains
`[CW]
`
`New York
`[State]
`
`50 Lake Street, Brooklyn, NY 11223
`[Property Address]
`
`1.
`
`BORROWER’S PROMSE TO PAY
`
`In return for a loan that I have received, I promise to pay US. $
`“Principal"), plus interest, to the order of the lender. The Lenderis
`federally chartered savings bank
`form of cash, check or money order.
`I understand that the Lender may transfer this 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 Holder."
`
`(this amount is called
`496 , 000 . 00
`IndyMac Bank, F. S . B. , a
`I will make all payments under this Note in the
`
`.
`
`2.
`
`INTEREST
`
`Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
`yearly rate of
`6.250
`.
`%.
`The interest rate required by this Section 2 is the rate I will pay both before and afier any default described in
`Section 6(B) of this Note.
`
`3.
`
`PAYMENTS
`
`(A) Time and Place of Payments
`I will pay Principal and interest by making a payment every month.
`.
`2008
`I will make my monthly payment on the
`131:
`day ofeach month beginning on March,
`I will make these payments every month until I have paid all of the Principal and interest and any other charges described
`below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
`applied to interest before Principal If, on
`February 1: 2033
`, I still owe amounts under this Note, I will
`pay those amounts in hill on that date, which is called the ‘Maturity Da .”
`I will make my monthly payments at
`IndyMac Bank, F. 3.3. r 13.0. BOX 73826, Phoenix,
`AZ 85062-8826
`
`or at a different place if required by the Note Holder.
`
`CB) Amount 01’ Monthly Payments
`My monthly payment will be in the amount of"0.5. $
`
`3 r 053 . 96
`
`4.
`
`BORROWER’S RIGHT TO PREPAY
`
`I have the right to make payments of Principal at any time before they are clue. A payment of Principal only is
`known as a “Prepayment." When Imake a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 may not
`designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
`I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
`use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
`Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
`Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount ofmy
`monthly payment unless the Note Holder agrees in writing to those changes.
`
`l‘u'in “fur-ii Fixed Rate Note—Single liamilyiFannle MaelFreddie Mac UNIFORM INSTRUMENT
`-—-'I'l-lE COMPLIANCE SOURCE, INC.-—
`Page 1 013
`wwnollpllmeclnurmm
`
`Form 3233 lllml
`”sonar mo
`52000. The Compilation Source, Inc.
`
`3 of 28
`3 of 28
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO. 3
`NYSCEF DOC. NO.
`3
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`INDEX NO. 524848/2019
`INDEX NO- 524848/2019
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`RECEIVED NYSCEF: 11/13/2019
`RegeIVeD VYSCEF: 11/13/2019
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`5.
`
`LOANCHARGES
`
`Ifa law, which applies to this loan and which sets maximum loan charges, is finally 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
`loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
`collected from me which exceeded permitted limits will be refimded 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
`reduction will be treated as a partial Prepayment.
`
`
`
`’
`
`i
`
`;
`
`6.
`
`BORROWER’S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`15
`It‘tlle Note Holder has not received the full amount ofany monthly payment by the end of
`2- 000
`days afier the date it is due, I will pay a late charge to the Note Holder. The amount offlle charge will be
`ofmy overdue payment ofPrincipal and interest. I will pay this late charge promptly but only once on each late payment.
`(B) Default
`If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`(C) Notice of Default
`If I am in default, the Note Holder may send me a written notice telling me that ifI do not pay the overdue amount
`by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid
`and all the interest that I owe on that amount. That date must be at least 30 days afier the date on which the notice is mailed
`tome or delivered by other means.
`(1)) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full 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 Expenses
`If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
`right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
`law. Those expenses include, for example, reasonable attomcys’ fees.
`
`calendar
`%
`
`7.
`
`GIVING 0F NOTICES
`
`Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
`by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
`Note Holder a notice ofmy different address.
`Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
`first class mail 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 different address.
`
`8.
`
`OBLIGATIONS OF PERSONS UNDER THIS NOTE
`Ifmore than one person signs this Note, each person is fully and personally obligated to keep all of the promises
`made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of
`this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
`guarantor, surety or endorser of this Note, is also obligated to leeep all of the promises made in this Note. The Note Holder
`may enforce its rights under this Note against each person individually or against all of us together. This means that any one
`ofus may be required to pay all of the amounts owed under this Note.
`
`9.
`
`WAIVERS
`
`I and any other person who has obligations under this Note waive the rights ofPresentment and Notice of Dishonor.
`“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means
`the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
`
`10.
`
`UNIFORM SECURED NOTE
`
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
`to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Secm'ity Instrument"), dated the same
`
`I
`
`New York Fixed lure Note—Single Emmy—Fannie Maelficddle Mac UMFORLIMSFRUBAENT
`—-Tmt Commas SOURCE, Inc-—
`Page 2 0”
`wwxomptianceoowcecor:
`
`Form 3233 01/01
`125mm: came
`02000. The Cornelius: Source, Inc.
`
`L-.......me‘.__.fi4_of_2B_—_——_........ .
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO. 3
`NYSCEF DOC. NO.
`3
`m
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`INDEX NO- 524848/2019
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`RECEIVED NYSCEF: 11/13/2019
`R«C«IV«D VYSCEF: 11/13/2019
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`date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I
`make in this Note. That Security lnstmment descn‘bes how and under what conditions I may he required to make immediate
`payment in full of all amounts I owe under this Note. Some ofthose conditions are described as follow:
`
`Lender may require immediate payment in full of all Sums Secured by this Security Instrument if
`all or any part of the Property, or if any right in the Property, is sold or transferred without Lender’s prior
`written permission. If Borrower is not a 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.
`If Lender requires immediate payment in full under this Section 18, Lender will give me a notice
`which states this requirement. The notice will give me at least 30 days to make the required payment The
`30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this
`Security histrument If 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 demand for payment.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`' '
`I
`“f
`
`
`
`(Seal)
`-Borrower
`
`PAY TO THE 018):% OF
`
`
`-Borrowg-
`WITHOUT RECOURSE
`
`(Seal)
`'BDfl'OWeI
`
`wmc BANK ES'B'
`
`VINCENT DCMBROWSKI
`VICE PRESIDENT
`
`
`
`-
`
`0
`
`[Sign Original Only]
`
`New York Fixed Rate Note—Single Family—Fannie Maemeddle Mac UNIFORM INSI'RUNIENT
`—'['HEWelt SOURCE, mo—
`Page 3 MS
`
`Form 3233 01m
`“sonar lam
`
`M-mmpflmwmm
`
`—mu’Th.comm”sum”.1“
`
`
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO.
`3
`NYSCEF DOC. NO. 3
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`INDEX NO. 524848/2019
`INDEX NO- 524848/2019
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`R«C«IV«D VYSCEF: 11/13/2019
`RECEIVED NYSCEF: 11/13/2019
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`'1" .r
`
`n
`
`l
`
`2008021400210001001EFFE1
`
`
`
`I
`
`
`
`
`
`
`
`
`NYC DEPARTMENT OF FINANCE
`OFFICE OF THE CITY REGISTER
`
`
`
`
`This page is part of the instrument. The City
`
`Register will rely on the information provided
`
`by you on this page for purposes of indexing
`
`
`this instrument. The information on this page
`
`
`will control for indexing purposes in the event
`
`
`of any conflict with the rest of the document.
`
`
`RECORDING AND ENDORSEMENT COVER PAGE
`PAGE 1 OF 21
`ID: 2008021400210001
`Document Date: 01-30-2008
`Document
`Preparation Date: 02-14—2008
`
`
`Document Type: MORTGAGE
`
`
`Document Pa - e Count: 20
`
`
`,RETURN TO:
`PRESENTER:
`
`
`US RECORDINGS, INC. C/O INTELLIHUB SOLUTIONS! US RECORDINGS, INC., C/O [NTELLIHUB
`11751 INTERCHANGE DRIVE
`SOLUTIONS
`
`
`
`SUITE B
`11751 INTERCHANGE DRIVE
`LOUISVILLE, KY 40229
`SUITE B
`
`
`~LOUISVILLE, KY 40229
`
`
`
`
`PROPERTY DATA
`
`
`Unit
`Address
`
`50 LAKE STREET
`
`Borough
`BROOKLYN
`
`
`
`Block Lot
`6679
`2'?
`
`Entire Lot
`
`Property Type: DWELLING ONLY - 2 FAMILY
`
`
`
`
`CROSS REFERENCE DATA
`
`
`
`
`or File Number CRFN or Document ID or Year Reel _ Page
`
`
`
`
`PARTIES
`
`
`MORTGAGORIB ORROWER:
`MORTGAGEEILENDER:
`
`
`
`MARC ERLENBACH
`MERS
`
`
`
`50 LAKE STREET
`3300 S.W. 34TH AVENUE, SUITE 101
`
`
`
`BROOKLYN, NY 11223
`OCALA, FL 34474
`
`
`
`
`Filing Fee:
`
`
`
`
`FEES AND TAXES
`
`Mortgage
`
`'.
`496 000.00
`Mort a e Amount:
`
`$
`
`0 .00
`
`
`$
`-——.
`
`
`TAXES: County (Basic):
`‘.
`2 480.00
`NYS Real Estate Transfer Tax:
`0.00
`i Additional :
`'.
`4 960.00
`$
`
`
`
`-I_E_ RECORDED 0R FILED IN THE OFFICE
`
`
`_. OF THE CITY REGISTER OF THE
`
`"52.;
`CITY OF NEW YORK
`RecordedfFiled
`02-21-2008 11:40
`
`City RegisterFiIeNo.(CRFN):
`2008000071325
`
`0.00
`
`
`
`a
`
`0.00
`
`
`
`
`
`
`
`
`
`Affidavit Fee: m
`
` nature
`
`
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 11m2019 03:26 P
`
`NYSCEF DOC. NO.
`3
`NYSCEF DOC. NO. 3
`L
`
`524848/2019
`INDEX NO. 524848/2019
`INDEX NO'
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`RsCsIVsD VYSCEF:
`11/13/2019
`RECEIVED NYSCEF: 11/13/2019
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`
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`Recording Requested by s Retum To:
`US Recordings. Inc.
`ole lntellihub Solutions and Services
`11751 Interchange Drive, Suite B
`Louisville. KY 40229
`
` '
`
`-
`
`'
`
`6
`
`[SpaceAbove This Line For Recording Data;— m
`m_
`
`MORTGAGE
`
`WORDS USED OFTEN IN THIS DOCUIVIENT
`
`January 30, 2008
`“Security Instrument.” This document. which is dated
`(A)
`with all Riders to this document, will be called the “Security Instrument."
`
`, together
`
`(B)
`
`“Borrower.” Marc Erlenbach
`
`NY 11223
`
`,whose address is 50 Lake Street, Brooklyn,
`
`sometimes will be called "Borrower" and sometimes simply “I" or “me."
`
`“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
`(C)
`solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and existing under the
`laws of Delaware, and has an address and telephone number of 3300 SW. 34'11 Avenue, Suite 101, Ocala, FL 34474,
`PO. Box 2026, Flint, MI 48501-2026,
`tel. (888) 679-MERS. FOR PURPOSES OF RECORDING THIS
`MORTGAGE, MERS IS THE MORTGAGEE OF RECORD.
`
`(D)
`
`“Lender” is
`
`IndyMac Bank, F.S.B., a federally chartered savings bank
`
`Federal Savings Bank
`Lender is a
`United States of America
`. Lender’s address is
`Pasadena, CA 91101
`
`organized and existing under the laws of
`155 North Lake Avenue,
`
`, will be called the
`January 30: 2008
`“Note.” The note signed by Borrower and dated
`(E)
`“Note." The Note shows thatIOWe Lender
`four hundred ninety six thousand and
`) plus
`NOIlOOths
`Dollars (us $ 496,000.00
`interest and other amounts that may be payable.
`I have promised to pay this debt in Periodic Payments and to pay
`the debt in Hill by
`February 1, 2038
`
`New York Mortgage—Single Family—Fannie MnefFreddle Mac Uniform lnstrn ment
`Form 3033 Hill
`MERS Modified
`The Compliance Source, Inc.
`www.compllaneesourcecom
`
`Page 1 of 16 Modified by Compliance Source mom 08/00 Rev. 12m
`92.000. The Compliance Source. Inc.
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCI3F DOC. NO.
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`NYSCEF DOC. NO. 3
`in
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`INDEX NO. 524848/2019
`INDEX NO- 524848/2019
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`“Property.” The property that is described below in the section titled “Description of the Property," will
`(F)
`be called the “Property.”
`
`“Loan." The “Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
`(G)
`charges due under the Note, and all sums due under this Security Instrument, plus interest.
`
`“Sums Secured.” The amounts described below in the section titled “Borrower‘s Transfer to Lender of
`(H)
`Rights in the Property” sometimes will be called the “Stuns Secured."
`
`“Riders.” All Riders attached to this Security Instrument that are signed by Borrower will be called
`(I)
`“Riders." The following Riders are to be signed by BorroWer [check box as applicable]:
`
`[3 Adjustable Rate Rider
`El Balloon Rider
`El 1-4 Family Rider
`[:1 Other(s) [specify]
`
`II! Condominium Rider
`|'_‘| Planned Unit Development Rider
`[3 Revocable Trust Rider
`
`E Second Home Rider
`I] BiWeekly Payment Rider
`
`“Applicable Law." All controlling applicable federal, state and local stamtes, regulations, ordinances and
`(J)
`administrative rules and orders (that have the effect of law) as Well as all applicable final, non-appealahle, judicial
`opinions will be called “Applicable Law."
`
`“Communlty Association Dues, Fees, and Assessments.” All dues, fees, aSSessments and other charges
`(K)
`that are imposed on Borrower or the Property by a coridominium association, homeowucrs association or similar
`organizatiOn will be called “Community Association Dues, Fees, and Assessments.”
`
`“Electronic Funds Transfer.” “Electronic Funds Transfer" means any transfer of money, other than by
`(L)
`check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
`computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
`Some common examples of an Electronic Funds Transfer are point-of—sale transfers (where a card such as an asset
`or debit card is used at a merchant), automated teller machine (or ATM) transactions,
`transfers initiated by
`telephone, wire transfers, and automated clearinghouse transfers.
`
`(M)
`
`“Escrow Items.” Those items that are described in Section 3 will be called "Escrow Items."
`
`“Miscellaneous Proceeds.” “Miscellaneous Proceeds" means any compensation, settlement, award of
`(N)
`damages, or proceeds paid by any third party (other than Insurance Proceeds paid under the coverage described in
`Section 5) for:
`(i) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of
`the Property; (iii) conveyance in lieu of Condemnatioa or sale to avoid Condemnation; or (iv) misrepresentations of,
`or emissions as to, the value andlor condition of the Property. A taking of the Property by any governmental
`authority by eminent domain is knowu as “‘Conderrmation."
`
`“Mortgage Insurance" means
`“Mortgage Insurance."
`(0)
`nonpayment of, or default on, the Loan.
`
`insurance protecting Lender against
`
`the
`
`“Periodic Payment.” The regularly scheduled amount due for (i) principal and interest under the Note,
`(P)
`and (ii) any amounts under Section 3 will be called “Periodic Payment."
`
`“RESPA.” “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
`(Q)
`implementing regulation, Regulation X (24 CPR Part 3500), as they might be amended from time to time, or any
`
`
`New Your Mortgage—Single FIuslly——Fannie MaelFr-eddie Mac Uniform Instrument
`Form 3033 Hill
`MERS Modified
`
`The Compliance Some... [no
`www.compllnncesonrcecom
`
`Page I of 16 Modified by Compliance Source 14391?“v 08M Rev. 12m
`92000, The Compliance Source, inc.
`
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO. 3
`NYSCEF DOC. NO.
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`additional or successor legislation or regulation that governs the same subject matter. As used in this Security
`Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related
`mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
`
`BORROWER’S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
`
`I mortgage, grant and convey the Property to MERS (solely as nominee for Lender and Lender‘s successors in
`interest) and its successors in interest subject to the terms of this Security Instrument. This means that, by signing
`this Security Instrument, I am giving Lender those rights that are stated in this Security Instrument and also those
`rights that Applicable Law gives to lenders who hold mortgages on real property.
`I am giving Lender these rights to
`protect Lend er from possible losses that might result if I fail to:
`
`(A) Pay all the amounts that I owe Lender as stated in the Note including, but not limited to, all renewals,
`extensions and modifications of the Note;
`
`(B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value
`of the Property and Lender's rights in the Property; and
`
`(C) Keep all of my other promises and agreements under this Security Instrument and the Note.
`
`I understand and agree that MERS holds only legal title to the rights granted by me in this Security Instrument, but,
`if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has
`the right:
`
`(A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the
`Property; and
`
`(B) to take any action required of Lender including, but not
`Security Instrument.
`
`limited to, releasing and canceling this
`
`DESCRIPTION OF THE PROPERTY
`
`1 give MERS (solely as nominee for Lender and Lender’s successors in interest) rights in the Property described in
`(A) through (G) below:
`
`(A) The Property which is located at
`
`50 Lake Street
`
`[Street]
`, New York
`3100le
`[Zip Code}
`(City, Town or Village]
`County. It has the following legal description:
`Kings
`See Exhibit.A attached hereto and made a part hereof
`
`11223
`
`(“Property Address"):
`
`—__________________
`New York Mortgage—Single Rusty—Fannie Mad‘Freddie Mac Uniform Inltrn Ire-l
`Form 303! HO]
`MERS Modified
`
`The Compliance Source, Inc.
`www.complla-eesourcecom
`
`Page 3 of 16 Mndlfied by Compliance Source 1430INY 08/00 Rev. 11M?
`©2000. The Compliance Source, Inc,
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 111112019 03:26 P
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`NYSCEF DOC. NO. 3
`NYSCEF DOC. NO.
`3
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`(B) All buildings and other improvements that are located on the Property described in subsection (A) of
`this section;
`
`(C) All rights in other property that I have as owner of the Property described in subsection (A) of this
`section. These rights are known as “easements and appurtenances attached to the Property?
`
`(D) All rights that I have in the land which lies in the streets or roads in front of, or next to. the Property
`described in subsection (A) of this section;
`
`(B) All fixtures that are now or in the future will be on the Property described in subsections (A) and (B)
`of this section;
`
`(F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in
`the future; and
`
`(G) All replacements of or additions to the Property described in subsections (B) through (F) of this
`section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property
`described in subsections (A) through (F) of this section.
`
`BORROWER’S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER’S OBLIGATION T0
`DEFEND OWNERSHIP OF THE PROPERTY
`
`(A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to
`I promise that:
`Lender; and (C) there are no outstanding claims or charges against the Property. except for those which are of public
`record.
`
`I give a general warranty of title to Lender. This means that I will be fiilly responsible for any losses which Lender
`suffers because someone other than myself has some of the rights in the Property which I promise that I how.
`I
`promise that] will defend my ownership of the Property against any claims of such rights.
`
`PLAIN LANGUAGE SECURITY INSTRUIVIENT
`
`This Security Instrument contains promises and agreements that are used in real property security instruments all
`over the country.
`It also contains other promises and agreements that vary in different parts of the country. My
`promises and agreements are stated in “plain language.“
`
`COVENANTS
`
`I promise and I agree with Lender as follows:
`I. Borrower’s Promisa to Pay. I will pay to Lender on time principal and interest due under the Note
`and any prepayment, late charges and other amounts due under the Note.
`I will also pay all amounts for Escrow
`Items under Section 3 of this Security Instrument.
`Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my
`payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be
`made by:
`(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier '5 check, drawn
`upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
`Transfer.
`
`Payments are deemed received by Lender when received at the location required in the Note, or at another
`location designated by Lender under Section 15 of this Security Instrument. Lender may return or accept any
`payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender accepts a
`lesser payment, Lender may refuse to accept a lesser payment that [may make in the future and does not waive any
`
`i‘s‘ew their Mortgage—Single Family—Fannie Mae'Freddie Mac Uniform Instr-u ment
`Form 3033 1101
`MERSNhJflm
`The Compliance Scurce, Inc.
`www.compllaneesonrcecom
`
`Page 4 of 16 Modified by Compliance Source I4301NY 08/00 Rev. 11/07
`02000, The Compliance Source. Inc.
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 11512019 03:26 P
`NYSCI
`3F DOC. NO.
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`If interest on
`of its rights. Lender is not obligated to apply such lesser payments when it accepts such payments.
`principal accrues as if all Periodic Payments had been paid when due, then Lender need not pay interest on
`unapplied funds. Lender may hold such unapplied funds until I make payments to bring the Loan current. If I do
`not do so within a reasonable period of time, Lmder will either apply such funds or return them to me. In the event
`of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to
`foreclosure. No offset or claim which I might have now or in the future against Lender will relieve me from making
`payments due under the Note and this Security Instrument or keeping all of my other promises and agreements
`secured by this Security Instrument.
`2. Application of Borrower’s Payments and Insurance Proceeds. Unless Applicable Law or this
`Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order:
`First, to pay interest due under the Note;
`Next, to pay principal due under the Note; and
`Next, to pay the amounts due Lender under Section 3 of this Security Instrument.
`Such payments will be applied to each Periodic Payment in the order in which it became doe.
`Any remaining amounts will be applied as follows:
`First, to pay any late charges;
`Next, to pay any other amounts due under this Security Instrument; and
`Next, to reduce the principal balance of the Note.
`If Lender receive. a payment from me for a late Periodic Payment which includes a sufficient amount to
`pay any late charge due, the payment may be applied to the late Periodic Payment and the late charge. If more than
`one Periodic Payment is due, Lender may apply any payment received from me: First, to the repayment of the
`Periodic Payments that are due if, and to the extent that, each payment can be paid in full; Next, to the extent that
`any excess exists alter the payment is applied to the full payment of one or more Periodic Payments, such excess
`may be applied to any late charges due.
`Voluntary prepayments will be applied as follows:
`described in the Note.
`
`to any prepayment charges; and Next, as
`
`First,
`
`Any application of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal due under the
`Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments.
`3. Monthly Payments For Taxes And Insurance.
`(a) Borrower’s Obligations.
`I will pay to Lender all amounts necessary to pay for taxes, assessments,
`water charges, sewer rents and other similar charges, ground leasehold payments or rents (if any), hazard or property
`insurance covering die Property, flood insurance (if any), and any required Mortgage Insurance, or a Loss Reserve
`as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be
`applied toward payment of the following items which are called “Escrow Items:”
`(1) The tartes, assessments, water charges, Sewer rents and other similar charges, on the Property which
`under Applicable Law may be superior to this Security Instrument as a lien on the Property. Any claim,
`demand or charge that is made against property because an obligation has not been fulfilled is known as a
`“Lien;”
`(2) The leasehold payments or ground rents on the Property (if any);
`(3) The premium for any and all insurance required by Lender under Section 5 of this Security Instrument;
`(4) The premium for Mortgage Insurance (if any);
`(5) The amount] may be required to pay Lender under Section 10 of this Security Instrument instead of
`the payment of the premium for Mortgage Insurance (if any); and
`(6) If required by Lmder, the amount for any Community Association Dues, Fees, and Assessments.
`After signing the Note, or at any time during its term, Lender may include these amounts as Escrow Items.
`The monthly payment I will make for Escrow Items will be based on Lender's estimate of the annual amount
`required.
`
`I will pay all of these amoums to Lender unless Lender tells me, in writing, that I do not have to do so, or
`unless Applicable Law requires otherwise.
`I will make these payments on the same day that my Periodic Payments
`of principal and interest are due under the Note.
`
`New 'I'urit Mortgage—Single Fundy—Fannie MaelFreddte Mac Uniform lnstru men!
`Form 3033 U0]
`MERSNhfifiw
`The Compllance Source, Inc.
`www.compliancesonrcecom
`
`Page 5 of [6 Modified by Compliance Scarce “SHINY [Infill] Rev. 1M]?
`91000. The Compliance Source. Inc.
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`FILED: KINGS COUNTY CLERK 11/13/2019 03:26 PM
`FILED: KINGS COUNTY CLERK 11512019 03:26 P
`NYSCI
`NYSCEF DOC. NO. 3
`In
`3F DOC. NO.
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`524848/2019
`INDEX NO. 524848/2019
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`The amounts that I pay to Lender for Escrow Items under this Section 3 will be called “Escrow Funds." I
`will pay Lender the Escrow Funds for Escrow Items unless Lender waives my obligation to pay the Escrow Funds
`for any or all Escrow Items. Lender may waive my obligation to pay to Lender Escrow Funds for any or all Escrow
`Items at any time. Any such waiVer must be in writing.
`In the event of such waiver, I will pay directly, when and
`where payable, the amounts due for any Escrow Items for which payment of Escrow Funds has been waived by
`Lender and, if Lender requires, will promptly send to Lender receipts showing such payment within such time
`period as Lender may require. My obligation to make such payments and