FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`NYSC 3F DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`IND
`EX NO.
`035650/2016
`INDEX NO. 035650/2016
`
` VYSC
`
` flIV flD
` 3F:
`
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`

`

`INDEX NO. 035650/2016
`INDEX NO. 035650/2016
`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`
`
`
`
`INDEX NO
`03
`5
`'
`: .
`‘
`i ‘ '
`: ‘
`
`. . ‘—l”A?"ii :23; VB
`6
`
`
`
`
`
`01412/0230 1 7
`many-KQMWEW R.,C.,IV.,D W563,
`i369/
`NYSCEF DOC. NO. 39
`RECEIVED NYSCEF: 09/14/2017
`NYSCEF DOC. NC.
`3
`RECEIVED NYSCEF: 12/23/2016
`STATE OF NEW YORK
`COUNTY OF ROCKLAND
`SUPREME COURT
`
`
`PENNYMAC HOLDINGS, LLC
`
`Index No.
`
`Plaintiff,
`
`-vs-
`
`LESZEK WOLANSKI; LIGHTSTONE ENTERPRISES LLC; JOAN
`M. FACELLE, M.D., AS COMMISSIONER OF HEALTH OF THE
`ROCKLAND COUNTY HEALTH DISTRICT; COUNTY OF
`ROCKLAND; CITIBANK, N.A.; EQUABLE ASCENT
`FINANCIAL, LLC; CAPITAL ONE BANK (USA), N.A.;
`MIDDLETOWN CAPITAL LLC;"JOHN DOE #1-5" and "JANE
`DOE #1-5" said names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants, tenants, persons or
`corporations, if any, having or claiming an interest in or lien upon the
`premises being foreclosed herein,
`
`Defendants.W
`
`CERTIFICATE OF MERIT
`
`PURSUANT TO N.Y. C.P.L.R.§
`3012-b
`
`Mortgaged Premise Address:
`4 MADISON AVENUE SOUTH
`SPRING VALLEY, NY 10977
`A/K/A
`4 S MADISON AVENUE
`SPRING VALLEY, NY 10977
`
`I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with
`1.
`the law firm of Fein, Such & Crane, L.L.P., attorneys for plaintiff in this action.
`
`This residential foreclosure action involves a home loan, as such term is defined in Real Property
`2.
`Actions and Proceedings Law §1304 to the extent alleged in paragraph TENTH of the Complaint.
`
`I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage,
`3.
`security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment
`(if any), and all other instruments of indebtedness including any modification, extension, and consolidation.
`
`4.
`
`I have consulted with GISELLE MARTINEZ, a representative of the Plaintiff.
`
`Upon this review and consultation, to the best of my knowledge, information, and belief, I certify
`5.
`that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to
`enforce rights under these documents.
`
`Attached herein and as part of the Complaint are copies of the following documents: the mortgage,
`6.
`security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of
`assignment (if any); and any other instrument of indebtedness, including any modification, extension, and
`consolidation.
`
`Attached herein and as part of the Complaint, if applicable, are supplemental affidavits attesting
`7.
`that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise.
`
`I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part
`8.
`1200) and 22 NYCRR Part 130.
`
`Dated: A/Wi/J’I/(V/
`
`’93,- Qg/Q
`
`I
`
`?\
`
`CTOR SPINELLI, ESQ.
`FEIN, SUCH & CRANE, LLP
`Attorneys for Plaintiff
`1400 OLD COUNTRY ROAD STE C103
`WESTBURY, NY 11590
`Telephone No. 5 1 6/394—692 1
`PNMN157
`
`lofl
`
`

`

`INDEX NO. 035650/2016
`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`INDEX NO. 035650/2016
`5 pM
`
`
`
`WW!!! 2017 03.2
`
`“53r-
`
`“941‘“."k‘ mm MI§§BE§Y§8EFQB%§5fl/42p21§l7
`
`
`-
`
`
`RECEIVED NYSCEF: 09/14/2017
`NYSCEF DOC. NO. 39
`NNYSCEF DOC. NO.
`2
`RECEIVED NYSCEF: 12/23/2016
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`
`PENNYMAC HOLDINGS, LLC,
`
`Plaintiff,
`
`-vs-
`
`NOTICE OF PENDENCY
`OF ACTION
`
`Index No.
`
`LESZEK WOLANSKI; LIGHTSTONE ENTERPRISES
`LLC; JOAN M. FACELLE, M.D., AS COMMISSIONER
`OF HEALTH OF THE ROCKLAND COUNTY HEALTH
`DISTRICT, COUNTY OF ROCKLAND CITIBANK, NA.;
`EQUABLE ASCENT FINANCIAL, LLC; CAPITAL ONE
`BANK (USA), NA.; MIDDLETOWN CAPITAL
`LLC; "JOHN DOE # 1-5" and "JANE DOE #1 -5"said names
`being fictitious, it being the intention of Plaintiffto designate
`any and all occupants, tenants, persons or corporations, if
`any, having or claiming an interestin or lien upon the
`premises being foreclosed herein,
`
`Defendants.
`-—-—-—-—-—-————.__.__...._.._.._______________
`
`NOTICE IS HEREBY GIVEN, that an action was commenced upon the Complaint ofthe
`
`above plaintiffagainst the above named defendant(s) and is now pending in the Supreme Court of
`
`the State ofNew York, ROCKLAND County, for the foreclosure of a Mortgage executed by
`
`LESZEK WOLANSKI to WASHINGTON MUTUAL BANK, FA, A FEDERAL
`
`ASSOCIATION to secure the sum of $340,000.00, with a maximum aggregate amount of
`
`$374,000.00, which was recorded in the ROCKLAND County Clerk's Office on June 1, 2005, in
`
`Instrument Number 2005-00029673. Said Mortgage was assigned by THE FEDERAL DEPOSIT
`
`INSURANCE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER
`
`AN ACT OF CONGRESS (FDIC), AND ACTING IN ITS' RECEIVERSHIP CAPACITY AS
`
`RECEIVER OF WASHINGTON MUTUAL BANK A/K/A WASHINGTON MUTUAL BANK,
`
`FA to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION by Assignment dated
`
`September 10, 2014 and recorded on September 17, 2014 in the Office ofthe County Clerk in
`
`Instrument Number 2014-00024976. Said Mortgage was further assigned by JPMORGAN
`
`10f 21
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09.112017 03:25 PM
`
`NYSCTF DOC
`NO
`39
`NYSCEF DOC. NO. 39
`
`INDEX NO. 035650/2016
`INDEX NO~ “5650/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`CHASE BANK, NATIONAL ASSOCIATION to PENNYMAC HOLDINGS, LLC by
`
`Assignment dated February 27, 2015 and recorded on April 7, 2015 in the Office of the County
`
`Clerk in Instrument Number 2015-00009391. On December 30, 2008, a Loan Modification
`
`Agreement was executed by LESZEK WOLANSKI, to modify the Mortgage recorded in
`
`Instrument Number 2005-00029673 to reflect a new principal balance of $424,495.03. A copy of
`
`said Loan Modification Agreement is attached hereto as Schedule "B".
`
`NOTICE IS FURTHER GIVEN, that the mortgaged premises described in the
`
`mortgage(s) affected by the foreclosure action were, at the time of the commencement of this
`
`action and at the time ofthe filing ofthis Notice, situated in the County ofROCKLAND, State of
`
`New York, and are described in "Schedule A - Legal Description" attached hereto and made a
`
`part hereof.
`
`The Clerk ofthe County of ROCKLAND, is directed to index this Notice against the
`
`names of the defendant(s).
`
`Dated: October 4;, 2016
`
` VICTOR SPINE Ll, ESQ.
`
`FEIN, SUCH & CRANE, LLP
`Attorneys for Plaintifi”
`1400 OLD COUNTRY ROAD STE C103
`WESTBURY, NY 11590
`Telephone: 5 1 6/394-6921
`PNMN157
`
`Property Address: 4 MADISON AVENUE SOUTH, SPRING VALLEY, NY 10977 A/K/A
`4 S MADISON AVENUE, SPRING VALLEY, NY 10977
`
`SECTION: 57.47
`BLOCK:
`1
`LOT: 75
`
`20f 21
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`
`INDEX NO~
`
`
`
`
`RnCnIVnD VYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www.webtitle.us
`
`“Mo-=-
`
`SCHEDULEA
`DESCRIPTION OF MORTGAGED PREMISES
`
`PARCEL 1:
`
`land, with the buildings and
`ALL that certain plot, piece or parcel of
`improvements tl‘rereon erected. situate, lying and being in the Village of Spring
`Valley. Town of Ramapo, County of Rockland and State of New York, being a
`portion of Lot No. 21 on a certain map entitled "Lands of PETER 8. VAN
`ORDEN" surveyed and drawn by Jacob Snider, Surveyor, March 1869 and filed
`in the Office of the kaland County Clerk on April 15, 1870. more particularly
`bounded and described as follows:
`
`the
`line of Madison Avenue at
`the point on the East
`BEGINNING at
`Northwestme corner of Lot No. 20 now or fonnerly of Voorhie; and running
`menoe
`
`Northerly. along the Easterly line of Madison Avenue, 50 feet
`Southwesterly comer of Lot No. 23; thence
`
`to the
`
`Easterly, along said Lot No. 23 and Lot No. 22. 97-00 lee-l to land now or formerly
`of Fredericks: thence
`
`Southerly. along the same. 75.00 feet to Lot No. .20: and thence
`
`Westerly. along Lot No. 20. now or formerly the lands of Voorhis, 112.00 feet to
`the point or place of Beginning.
`
`PARCEL 2:
`
`ALL
`
`land, with the buildings and
`that certain plot, piece or parcel of
`improvements thereon erected. situate. lying and being in the Village of Spring
`Valley, Town of Ramapo, County of Rookland and State of New York. bounded
`and described as follows:
`
`BEGINNING at a point marked by a railroad spike at the Northwesterly comer of
`the premises described In the deed dated August 4, 1959 running from
`Koppelman to Shapiro and recorded in Liber 700 of Deeds at page 382; and
`running thence
`
`South 23 degrees 27 minutes 00 seconds West, along the Easterly Ilne of South
`Madison Avenue (50 feet wide). 3 feet to a point on the Easterly side of South
`Madison Avenue; thence
`
`Easterly 54 feel more or less to a point on the Northerly boundary of the
`premises described in the aforesaid deed running from Koppelrnan to Shapiro;
`and thence
`
`North no oegrees :53 minutes uu seconds weer. along the amresercl Nortnerty
`boundary, 53 feel more or less to the point or place of Beginning.
`
`Premises: 4 Madison Avenue South a/k/a 4 S Madison Avenue, Spring Valley, NY 10977
`Tax Map/Parcel ID No.: Section: 57.47 Block: 1 Lot: 75
`
`30f 21
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`NYSC 3F DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`IND
`EX NO.
`035650/2016
`INDEX NO. 035650/2016
`
` VYSC
`
` flIV flD
` 3F:
`
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`SCHEDULE "B"
`
`4 of 21
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09.112017 03:25 PM
`
`NYSCTF DOC
`NO
`39
`NYSCEF DOC. NO. 39
`
`INDEX NO. 035650/2016
`INDEX NO~ “5650/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`WHEN RECORDED MAIL TO:
`FIRST ANIERICAN TITLE
`P.0. BOX 27670
`SANTA ANA, CA 92799-7670
`ATTN: LMTS
`
`PREPARED BY:
`JAKKIA MASON
`WASHINGTON MUTUAL BANK
`7255 BAYMEADOWS WAY
`JACKSONVILLE, FL 32256
`A-TTN: LMTS
`
`Tax Parcel No.: 57.47-1-75
`
`LonnNo.
`
`SPACE ABOVE 'rms LINE FOR reconvene use
`
`LOAN MODIFICATION AGREEMENT
`PROVIDING FOR INTEREST ONLY PAYMENTS AND BALLOON
`
`(“Agreement")
`This Loan Modification Agreement
`DECEMBER, 2008 , ("Effective Date") between
`LESZEK WOLANSKI
`
`is effective this IST
`
`day of
`
`(hereinafter, "the Borrower"), and JPMorgan Chase Bank, National Association,
`("Lender"). Together, the Borrower and Lender are referred to heroines "the Parties".
`
`RECITALS
`
`The Parties enter into this Agreement with reference to the‘following stipulated facts:
`
`A.
`
`Pursuant to a Purchase and Assumption Agreement dated September
`25, 2008, JPMorgan Chase Bank, National Association acquired loans and certain
`other assets of Washington Mutual Bank from the Federal Deposit Insurance
`Corporation acting as receiver, including but not limited to the Note and Security
`Instrument referenced in this Agreement. Although your loan was acquired by
`JPMorgan Chase Bank, your loan will continue to be serviced under the name
`"Washington Mutual" and you will make your payments to Washington Mutual at
`the address provided below.
`
`First Amiean Loan Production Services
`First American Rn! were Solutions LLC
`FALPSfi IOBALLMODASSEI‘ Rev. ll-QI ~08
`
`Page 1 on
`
`,
`:
`
`!
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`
`INDEX N0.
`
`
`
`
`«IV«D VYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`,Borrower purchased, rte-financed or otherwise
`On MAY 11,2005
`B.
`obtained an interestin a certain real property in ROCKLAND County, NEW YORK
`In connection with the acquisition of the real property the Borrower delivered a certain
`promissory note dated MAY 11, 2005
`, in the original principal amormt of
`$ 340,000.00
`("Note").
`
`The Note was and is secured by a deed of trust, mortgage, applicable riders,
`C.
`addenda or other security instrument ("Security Instrument"), dated MAY 11,2005
`,
`and recorded JUNE 1, 2005 as Instrument No. 2005-00029673
`in the official records of ROCKLAND County,
`as a lien against the real property described in the Security Instrument, and located at
`4 SOUTH MADISON AVENUE, RAMAPO, NEW YORK 10977
`(the “Subject Property"), and is more particularly described as:
`
`,
`
`SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
`
`TAXID #: 57.47-1-75
`
`Borrower is the current owner of record of the Subject Property. No other
`D.
`persons or business entities have ownership, management or control of the Subject Property.
`Borrower has not assigned, transferred, mortgaged or hypothecated the Subject Property, or
`any fee estate therein, nor the rents, income and profits of the Subject Property as may be
`described in the Security Instrument, except as set forth in these recitals.
`
`Borrower has failed to make one or more payments on the Note before
`E.
`expiration of the applicable grace period. Borrower has requested that
`the terms of the
`Note and Security Instrument be modified. The Parties have agreed to do so pursuant to the terms
`and conditions stated in this Agreement.
`
`First American Loan Production Services
`First American Real Estate Solutions LLC
`FALPSI: IOBALLMODZ Rev. l l~2l~08
`
`Page2 of8
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`
`INDEX NO~
`
`
`
`
`RnCnIVnD VYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`AGREEMENT
`
`NOW, THEREFORE, In consideration of the mutual promises and agreements exchanged,
`the Parties hereto agree as follows:
`
`Incorporation of Recitals. The Recitals are an integral part of this Agreement and are
`1.
`incorporated by reference herein.
`
`Unpaid Principal Balance. The Parties agree that the unpaid principal balance ofthe Note
`2.
`and Security Instrument prior to signing this Agreement was $ 369,240.98
`. ("Unpaid Principal
`Balance")
`
`Capitalization. The Borrower acknowledges and agrees that interest on the Unpaid
`3.
`Principal Balance has accrued but has not been paid, that WaMu has incurred, paid or otherwise
`advanced taxes, insurance premiums and other expenses necessary to protect the interest of the
`Note holder or mortgagee, and that such accrued and unpaid interest, costs and expenses in the
`total amount of $ 55,254.05
`(the "Capitalized Amount") have been added to the indebtedness
`under the terms of the Note and Security Instrument, as of DECEMBER 1, 2008
`. The
`Capitalized Amount is included in the Modified Principal Balance and shall be due and payable on
`the Maturity Date.
`
`424,495.03
`4. Modified Principal Balance. The new balance due on the loan is $
`. The
`55,254.05
`("Modified Principal Balance"), which consists of S
`369,240.98
`plus S
`Borrower does not have any defenses, offsets or counterclaims to the Modified Principal Balance.
`
`Repayment. The Modified Principal Balance shall be repaid in periodic installments and
`5.
`accrue interest as further described herein.
`
`Interest Rate; Monthly Payments. Currently the interest rate is
`6.
`rate is hereby modified as follows:
`
`8.408%. The interest
`
`Interest will be charged on the Modified Principal Balance for the first year of this
`(a)
`Agreement at the yearly rate of
`1.000000
`% beginning with the payment due on
`JANUARY IST, 2009
`. During this first year the Borrower promises to pay monthly
`payments of interest only in the amount of 3
`353.75
`
`During the second year ofthis Agreement, interest will be charged at the yearly rate of
`(b)
`% beginning with the payment due on JANUARY IST, 2010
`3.000000
`During this second year the Borrower promises to pay monthly payments of interest only in the
`amount of 3
`1,061.24
`
`First American Loan Production Saving
`First American Real Estate Solutions LLC
`FALPStI IOBALLMOD-s Rev. 06-18-08
`
`Page 3 oftt
`
`

`

`035650/2016
`INDEX NO. 035650/2016
`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`INDEX N9
`
`
`
`
`
`NYSCEF DOC. NO. 39
`RaCaIVaD uYscaF:
`09/14/2017
`NYSCEF DOC. NO. 39
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`
`
`During the third year, and subsequent years of this Agreement, interest will be
`(c)
`charged at the yearly rate of
`5.000000
`% beginning with the payment due on
`JANUARY IST, 2011
`. During the third year and subsequentyears the Bomowerpromises
`to pay monthly payments of interest only in the amount of $
`1,768.73
`and shall continue
`thereafter on the same day of each suceeding month until the Modified Maturity Date at which
`time all amounts due under the Note, Security Instrument and this Agreement must be paid in full.
`(d)
`Borrower(s) acknowledges and agrees that if the Note and Security Agreement
`require a payment for escrow, then each monthly payment must also include the escrow portion.
`Borrower further aclmowledges and agrees that the total monthly payment is also subject to
`change due to escrow analysis for taxes and insurance.
`
`7. Modified Maturity Date. The maturity date for payment of the Note in full and
`satisfaction of the Security Instrument, as modified by this Agreement,
`is changed to
`12/01/2013
`("Modified Maturity Date").
`, Borrower acknowledges and
`understands that, as a result of this Agreement, which defers payment of arrears or principal
`payments, or both, a lump sum payment will be due on the Modified Maturity Date. All amounts
`due and owing under the Note, Security Instrument and this Agreement are due in full on the
`Modified Maturity Date.
`-
`
`Delivery of Payments. The Borrower promises to make the periodic monthly payments
`8.
`described in this Agreement and any other amounts due under the Note and Security Instrument, to
`the order ofWashington Mutual Bank. Borrower(s) shall make the monthly payments as follows,
`or at such other place that Washington Mutual may designate:
`
`Washington Mutual Bank
`7301 Baymeadows Way
`Jacksonville, FL 32256
`
`First American lean Production Services
`First American Real Estate Solutions LLC
`FALPSII lOBALLMODJ-é Rev. 064 8.08
`
`Page 4 of8
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCI3F DOC. NO.
`39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`
`INDEX NO~
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`if all or any part of the Subject Property or
`Acceleration Upon Unauthorized Transfer.
`9.
`any interest is sold or transferred (or if a beneficial interest in the Borrower is sold or uansferred
`and the Borrower is not a natural person) without the Note holder and mortgagee‘s prior written
`consent, the Note holder may, at its option require immediate payment in fill] ofall sums due under
`the Note, Security Instrument and this Agreement. If the Note holder exercises this option, the
`Note holder shall give the Borrower notice of acceleratiorr. The notice shall provide a period of
`not less than 30 days from the date the notice is mailed within which the Borrower must pay all
`these sums prior to the expiration of the 30 day period, the Note holder may invoke any remedies
`permitted by the Note, Security Instrument and applicable law.
`
`10. Effect ofthis Agreement. Except to the extent that they are modified by this Agreement,
`the Borrowms) hereby reaffirm all of the covenants, agreements and requirements of the Note
`and Security Instrument, including without limitation, the Borrower‘s covenants and agreements
`to make all payments oftaxes, insurance premiums, assessments, escrow items, impounds, and all
`other payments that the Borrower is obliged to make under the Security Instrument. Bonower(s)
`further agree to be bound by the terms and provisions of the Note and Security Instrument, as
`modified hereby.
`
`l 1. No Release. Nothing in this Agreement shall be understood or construed to be a satisfaction
`orrelease in whole or in part ofthe Note and/or Security Instrument. Except as expressly provided
`in this Agreement, all of the terms, covenants agreements and the Note and Security Instrument
`will remain unchanged and the Parties will be bound by, and comply with, all of the terms and
`provisions of the instruments, as amended by this Agreement.
`
`12. Warranties. Borrower does hereby state and warrant that the above described Note is
`valid and enforceable in all respects and is not subject to any claims, defenses or right of offset or
`credit except as herein specifically provided. Borrower does further hereby extend all liens and
`security interests on all of the Subject Property and any other rights and interests which now or
`hereafter secure said Note until said Note as modified hereby has been fully paid, and agree that
`this modification and extension will in no manner impair the Note or any ofthe liens and security
`interests securing the same and that all ofthe liens, equities, rights, remedies and security interests
`securing said Note shall remain in full force and effect and shall not in any manner be waived.
`Borrower firrther agrees that all of the terms, covenants, warranties and provisions contained in
`the original Note and Security Instrument are now and shall be and remain in full force and
`effect as therein written, except as otherwise expressly provided herein, until the Note is paid in
`hill and all other obligations under the Security Instrument and this Agreement are firlfilled.
`
`First American Lem Production Sen-ices
`First American Real Estate Solutions LLC
`FALPS: IOBALLMOD-s Rev. 06-18-03
`
`
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`INDEX NO~
`
`
`
`
`
`RaCaIVaD VYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`13. Further Assurances. Borrower does filrther state and warrant that all of the recitals,
`statements and agreements contained herein are true and correct and that Borrower is the sole
`owner of the fee simple title to all of the Subject Property securing the Note.
`
`14. Acknowledgment by Borrower. As part of the consideration for this Agreement,
`Borrower agrees to release and waive all claims Borrower might assert against the WaMu and or
`its Agents, officers, directors, attorneys, employees and any predecessor-in-interest to the Note
`and Security Insuument, and which Borrower contends caused Borrower damage or injury, or
`which Borrower contends renders the Note or Security Instrument void, voidable, or
`unenforceable. This release extends to any claims arising from any judicial foreclosure
`proceedings or power of sale proceedings if any, conducted prior to the date of this Agreement.
`Borrowers have and claim no defenses, counterclaims or rights of offset of any kind against
`WaMu or against collection of the Loan.
`
`15. Bankruptcy Considerations. Nomithstanding anything to the contrary contained in this
`Agreement, the Parties hereto acknowledge the effect of a discharge in bankruptcy that may
`have been granted to the Borrower prior to signing this Agreement and that WaMu may not
`pursue the Borrower for personal liability. However, the Parties acknowledge that WaMu and
`any subsequent mortgagee or beneficiary of the Security Instrument retains certain rights,
`including but not
`limited to the right to foreclose its lien against the Subject Property
`under appropriate circumstances. Nothing herein shall be construed to be an attempt to collect
`against the Borrower personally or an attempt to revive personal liability, if the Borrower
`has obtained a discharge of that liability fi'om a United States Bankruptcy Court.
`
`[signature pages follow)
`
`First American Donn Production Services
`First American Real Estate Solutions LLC
`
`FALPSfi lOBALLMOD‘é Rev. 06-18-08
`
`Page 6 of8
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCI3F DOC. NO.
`39
`NYSCEF DOC. NO. 39
`
`IND
`EX NO .
`035650/2016
`INDEX NO. 035650/2016
`
`
` fiIVflD
`
`
`\IYSCEF:
`RfiC
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`
`
` BORRO
`R(S):
`Date:
`
`
`35’; mg
`
`STATE OFM )
`
`COUNTY 0F(%W/}M )
`03%, beforeme,
`
`)ss:
`
`personally appeared LESZEK WOLANSKI
`
`ail/M A / ,vw
`
`who proved to me on the basis of satisfactoxy evidence to be the person(s) whose name(s) is/are
`subscribed to the within instmment and acknowledged to me that he/she/they executed the same
`in his/herltheir authorized capacityfies), and that by his/her/their signaturc(s) on the instrument
`the pcrson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
`
`
`
`
`
` My commission expires:
`
`ANDREW WILLIAM KONECN!
`
`Nanny Pub”: - $3619 0! New York
`
`NO. 01mm“
`Quemled lh hoeuond County
`My Comnflsuon Expires M5124. 2010
`
`first American Loan Production Swim
`First American Rat Estate Solutions LLC
`FALPSR IOBALLMODJ Rev. 0648.08
`
`Page 7018
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`INDEX NO. 035650/2016
`INDEX NO~ 035650/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`' ”
`mas-mm.- 2:777 '
`x31 mun-3.932
`': -.!"t'
`
`1¢GA§EAGWIU 'q
`.fib' 2 Maxim? m t ..
`
`mm Lg on! a, “a '
`
`
`;
`.-
`3
`fi
`
`
`
`12 of 21
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`INDEX NO. 035650/2016
`INDEX NO~ 035650/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`Fifi—“Ema
`1
`.
`.
`.
`
`! i
`
`
`- g
`
`i
`
`WASHINGTON MUTUAL BANK
`
`13%ng
`BEAL
`(name
`
`ASSISTANT VICE PRESIDENT
`(mic)
`
`FEB 0 6 2309
`Date:
`
`STATE OF
`
`FLQEIDA
`
`COUNTY OF gum};
`
`3ss:
`)
`
`011MW, before me. the undersigned, a Notary Publicm and for said State,
`personally appeared PAMELA S. BEAL
`who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
`subscribed to the within instrument and aclmowledged to me that he/shelthey executed the same
`in his/her/their authorized capacity(ies), and that by hisflxer/their signature(s) on the instrument
`the person(s), or the entity upon behalfofwhich theyperson(s) acted executed the instrument.
`
`11103121133101;me
`”fififimhmmW
`
`
`
`
`WITNESS
`
`Signature of
`
` 318. 2010
`
`My commi
`
`
`on expires:
`
`First American Loan Production Services
`First American Real Estate Solmions LLC
`FALPS# lOBALLMOD-8 Rev. 0648-08
`
`Page 8 of8
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`INDEX NO~
`
`
`
`
`
`R«C«IV«D NYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`WOLANSKI
`4 SOUTH MADISON AVENUE
`RAMAPO, NEW YORK 10977
`WASHINGTON MUTUAL BANK
`
`NOTICE OF NO ORAL AGREEMENTS
`
`'rms WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
`PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS
`on SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
`
`THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
`
`Receipt of Notice. The undersigned hereby admit to having each received and read a copy ofthis Notice on or before
`execution of the Loan Agreement. "Loan Agreement" means one or more promises, promissory notes, agreements,
`undertakings
`ecurity agreements, deeds of trust or other documents, or commitments, or any combination of those
`actions or do
`ts, pursuant to which a financial institution loans or delays repayment ofor agrees to loan or delay
`repaymento
`.011
`
`on
`
`Wmathingofvglueortootherwiseextendcreditormakeafinancialaccommodation.
`W
`
`3332 won
`04AM“ 111i alt-\omot m the».
`
`\
`
`
`Borrower
`
`Borrower
`
`Borrower
`
`Borrower
`
`Borrower
`
`FANDfI FANDO33 Rev. 0511-02
`
`ate
`
`etc
`
`Date
`
`Date
`
`ate
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCI3F DOC. NO.
`39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`INDEX NO~
`
`
`
`
`
`
`R*.C fiIVfiD \IYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`WOLANSK]
`4 SOUTH MADISON AVENUE
`RAMA P0, NEW YORK 10977
`WASHINGTON MUTUAL BANK
`
`
`
`ERRORS AND OMISSIONS
`COMPLIANCE AGREEMENT
`
`In consideration of
`WASHINGTON MUTUAL BANK
`
`(the “Lender“) agreeing to modify the referenced loan (the "Loan”) to the Borrower. the Borrower agrees that if
`requested by the Lender, the Borrower will correct, or cooperate in the correction of, any clerical errors made in any
`document or agreement entered into in connection with the modification ofthe Loan, it“deemed necessary or desirable
`in the reasonable discretion ofthe Lender, to enable Lender to sell, convey, seek guaranty or market the Loan to any
`entity, including without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage
`Corporation, the Government National Mortgage Association, the Federal Housing Authority, the Department of
`Veterans Affairs or any municipal bond authority.
`
`The Borrower agrees to comply with all such requests made by the Lender within 30 days ofreceipt ofwritten request
`from the Lender. Borrower agrees to assume all costs that may be incurred by the Lender, including without limitation,
`actual expenses, legal fees and marketing losses. as a result ofthe Bomwer‘s failure to comply with all such requests
`within such 0 day time period.
`
`
`makes this agreement in order to assure that the documents and agreements executed in connection with
`the modific tion ofthe Loan will conform to and be acceptable in the marketplace in the event the Loan is transferred.
`
`2
`conveyed, u
`teed or marketed bytljeajntlerE E5
`Q/ LEM WWW“
`
`
`
`
`.C.
`
`.3035» Klein
`m 900}.
`
`ts art-tor
`
`
`
`
`
`“at
`
`
`Date
`
`
`Date
`
`Date
`
`Date
`
`Date
`
`FANDII FANDOJ—‘t Rev. 06-18~02
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`NYSCI
`3F DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`035650/2016
`INDEX NO. 035650/2016
`
`INDEX NO~
`
`
`
`
`R*.C fiIVfiD \IYSCEF:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`
`
`
`AFFIDAVIT UNDER SECTION 255 OF THE NEW YORK STATE LAW
`(MODIFICATION AGREEMENT)
`
`I.
`
`PAMELA s. HEAL
`1.
`
`That lie/she is the agent for the owner and holder of the hereinafter described mortgage, and is familiar
`with the facts set forth herein.
`
`, being duly sworn, deposes and says;
`
`MAY 11, 2005
`A certain mortgage bearing the date of
`THREE HUNDRED FORTY THOUSAND AND NO 1100
`(S
`340,000.00 )was made by
`LESZEK WOLANSKI
`
`as Mortgagor to
`
`, in the principal amount of
`
`JUNE 1, 2005
`as original Mortgagce, recorded on
`instrument No. 200500029673 , and assigned to
`
`. in Libcr
`‘
`
`Page
`
`.
`
`dated
`ROCKLAND
`
`, in the
`, Instrument No. "
`Page
`in Libcr
`County Clerk‘s Office, upon which the mortgage tax was dnly paid thereon.
`
`11:: instrument offered for recording herewith is a Modification made by
`LESZEK WOLANSKI
`
`to
`
`WASHINGTON MUTUAL BANK
`effective DECEMBER 1, 2008
`County Clerk‘s Office.
`
`.
`, and to be recorded in the ROCKLAND
`
`secure any new or
`create or
`recording modifies and does not
`The instrument offered for
`further
`lien,
`indebtedness or obligation other
`than the principal
`indebtedness or obligation
`secured by or which under
`any contingency may be
`secured by the
`recorded mortgage
`hereinabove first described with the exception of the following amount:
`
`3 369,240.98
`Unpaid principal balance
`a)
`[)1 New unpaid principal balance $ 424,495.03
`c)
`b minus a equate
`S 55,254.05
`d) Additional obligation secured by mortgage as modified
`
`Additional mortgage recording tax of S
`on the sum set forth in 4c.
`
`is therefore being paid on this Modification
`
`That Exemption from further tax is CLAIMED under Section 255 of the Tax Law.
`WASHINGTON MUTUAL BANK
`
`FANDII SDSNYMODZiSS Rev. 08-I 7-04
`
`Name: PAMELA 8. REAL
`Title: ASSISTANT VICE PRESIDENT
`
`

`

`FILED: ROCKLAND COUNTY CLERK 09/14/2017 03:25 PM
`FILED: ROCKLAND COUNTY CLERK 09m2017 03:25 PM
`
`NYSCEF DOC. NO. 39
`NYSCEF DOC. NO. 39
`
`IND
`EX NO .
`035650/2016
`INDEX NO. 035650/2016
`
` \IYSCI
` fiIVflD
`
`
`
`3F:
`09/14/2017
`RECEIVED NYSCEF: 09/14/2017
`
`State of
`
`County of
`
`, before me, the undersigned. a Notaty Public in and for said state.
`On this
`PAMELA S. BEAL , ASSISTANT VICE PRESIDENT
`
`personally appeared
`
`personally known to me or proved to me on the basis ofsatisfactory evidence to be the indivi
`duaKs) whose aunt-(s) is
`(are) subscribed to the within instrument, and acknowledged to me that hclshelthey execute
`d the same in his/hex/their
`mpncityfics), and that by Mamet/their signature(s) on the instrument. the individualts), or the person upon bdmlfof
`which the individual(s) acted. executed the instrument.
`
`Notary Public
`My conunission expires:
`
`FAND!’ NYMOD255~2 Rev. 09/30/02
`
`Page 2
`
`

`

`FILED: ROCKLAND COU