FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`EX NO.
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` VYSC
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`064573/2013
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`10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`NYSC 3F DOC. NO. 48
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`IND
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` flIV flD
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`EXHIBIT D
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`3F DOC. NO. 48
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`INDEX NO~ 064573/2013
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`RaCaIVaD VYSCEF: 10/18/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
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`SUFFOLK COUNTY
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` US. BANK TRUST, N.A., AS TRUSTEE FOR
`LSF9 MASTER PARTICIPATION TRUST,
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`Index # 064573/2013
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`REFEREE’S OATH
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`Plaintiff,
`
`V.
`
`REYNALDO ARIAS; LIDIA BELASKE-
`HERNANDEZ; NORMA PORTILLO; STATE OF
`NEW YORK ON BEHALF OF UNIVERSITY
`
`HOSPITAL I/P; BROOKHAVEN MEMORIAL
`HOSPITAL; CITIBANK SOUTH DAKOTA, NA;
`SWEZEY & NEWINS INC; APPLE BANK FOR
`SAVINGS; PEOPLE OF THE STATE OF NEW
`YORK; GLADYS ARIAS,
`
`
`
`
`
`
`
`
`
`
`
`
`
` Defendants.
`
`STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`SS:
`
`:
`'
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`1, Daniel Brendan Boyle, Esquire, the Referee, appointed by an Order of this Court and
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`entered in the above captioned action, and bearing the date of June 26, 2017, to ascertain and
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`compute the amount due to the Plaintiff for the principal, interest and other charges due upon the
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`Note and Mortgage upon which this action was brought, and to examine and report whether the
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`mortgaged premises can be sold in parcels, do solemnly swear, that I will faithfully and fairly
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`determine the questions so referred to me, and make a just and true report thereon according to
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`the best of my understanding and as the said Order requires.
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` 15s
`Affirmed under penalty of perjury this 16:1
`
`2
`’
`day of Seb‘d‘
`'\ .,
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`, 2017.
`“
`
`d/Aflgfig
`
`Daniel Brendan B
`
`e, Esq., Referee
`
`Sworn and subscribed before me
`thisake’thday ofMariam 2017
`
`W KerryAW
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`Notary P
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`lic
`
`Notary Public
`
`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
`
`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`3F DOC. NO. 48
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`INDEX NO~ 064573/2013
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`RaCaIVaD VYSCEF: 10/18/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
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`Index # 064573/2013
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`REFEREE’S REPORT OF AMOUNT DUE
`
`Plaintiff,
`
`v.
`
`SUFFOLK COUNTY
`
`
`US. BANK TRUST, N.A., AS TRUSTEE FOR
`LSF9 MASTER PARTICIPATION TRUST,
`
`
`
`
`
`
`
`
`
`REYNALDO ARIAS; LIDIA BELASKE—
`
`HERNANDEZ; NORMA PORTILLO; STATE OF
`NEW YORK ON BEHALF OF UNIVERSITY
`
`HOSPITAL I/P; BROOKHAVEN MEMORIAL
`HOSPITAL; CITIBANK SOUTH DAKOTA, NA;
`SWEZEY & NEWINS INC; APPLE BANK FOR
`SAVINGS; PEOPLE OF THE STATE OF NEW
`YORK; GLADYS ARIAS,
`
`
`
`
`
`Defendants.
`
`TO THE SUPREME COURT:
`
`In accordance with an Order of this Court entered in the above captioned action and dated
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`June 26, 2017, whereby it was referred to the undersigned as Referee to ascertain and compute
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`the amount due to the Plaintiff by virtue of the bond/note and mortgage upon which this action
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`was brought, and also to examine and report whether the mortgaged premises can be sold in
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`parcels.
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`1, Daniel Brendan Boyle, Esquire, the Referee in said Order named, do report, that before
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`proceeding to hear the testimony I was duly sworn to determine the questions referred to me, and
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`to make a just and true report thereon, according to the best of my understanding.
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`I have
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`computed and ascertained the amount due to Plaintiff upon the said Note and Mortgage as of
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`August 26, 2017, with interest computed through September 1, 2017, the sum of $496,225.67.
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`NYSCEF Doc. NO. 48
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`INDEX NO~ 064573/2013
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`RaCaIVaD VYSCEF: 10/18/2017
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`Section A, hereunto annexed, contains a schedule of documentary evidence introduced
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`before me, and shows the amounts due for principal, interest and other amounts now due to
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`Plaintiff.
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`I have made inquiry as to the advisability of selling the mortgaged premises in parcels
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`and find accordingly that the mortgaged premises should be sold in one parcel.
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`Dated: %Q :24;
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`,2017
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`(3 EM?%
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`Daniel Brendan Boyl , Esq., Referee
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`EX NO.
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` VYSC
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` 3F:
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`064573/2013
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`10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10 m 2017 10 :41 AM
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`NYSCEF DOC. NO. 48
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`
`IND
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`Ra «Iv«D
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`SCHEDULE A
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`ABSTRACT OF DOCUMENTARY EVIDENCE
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`— Copy of Summons and Complaint
`- Affidavit of Plaintiff of the Amounts Due
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`— Note and Mortgage
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`STATEMENT OF AMOUNTS DUE
`
`Principal Balance ................................................................................... $282,217.1 1
`
`Interest from 08/01/2009 through
`09/01/2017 at the interest rate of 6.000% .............................................. $136,875.73
`
`Escrow Balance ........................................................................................ $76,507.33
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`Inspection ...................................................................................................... $507.00
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`Broker’s Price Opinion ................................................................................. $118.50
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`Total ....................................................................................................... $496,225.67
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`Dated:
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`3046 9.9
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`,2017
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`60.11%13%
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`Daniel Brendan Boy .,
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`eferee
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
`
`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`NYSCEF DOC. NO. 48
`
`INDEX NO~ 064573/2013
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`RaCaIVaD VYSCEF: 10/18/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
`SUFFOLK COUNTY
`
`
`
`US. BANK TRUST, N.A., AS TRUSTEE FOR
`LSF9 MASTER PARTICIPATION TRUST,
`
`
`Index # 064573/2013
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`Plaintiff,
`
`V.
`
`
`
`
`
`
`
`
`
`
` Defendants.
`
`REYNALDO ARIAS; LIDIA BELASKE—
`HERNANDEZ; NORMA PORTILLO; STATE OF
`NEW YORK ON BEHALF OF UNIVERSITY
`HOSPITAL I/P; BROOKHAVEN MEMORIAL
`HOSPITAL; CITIBANK SOUTH DAKOTA, NA;
`SWEZEY & NEWINS INC; APPLE BANK FOR
`SAVINGS; PEOPLE OF THE STATE OF NEW
`YORK; GLADYS ARIAS,
`
`
`
`AFFIDAVIT or AMQQM 011E
`
`Kolette Modlin
`
`, being duly sworn, deposes and says:
`
`I.
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`I am employed as an Authorized Officer by Caliber Home Loans, Inc, attorney in fact.
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`for US. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“Plaiiitit‘i”) for
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`the
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`mortgage loan at
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`issue in this proceeding (“Loan”), I am duly authorized to execute this
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`affidavit and to make the representations contained herein. The statements made in this Affidavit
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`are based on my personal knowledge gained from my review of the business records relating to the
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`mortgage loan executed by Reynaldo Arias, Nonna Portillo and Lidia Belaske—I-Iernandez
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`(“Borrowers”).
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`2.
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`In the regular performance of my job functions, I have access to and am familiar with
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`the business records maintained by Caliber Home Loans, Inc., for the purpose of servicing mortgage
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`loans. These records (which include data~ compilations, electronically imaged documents andothers)
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`are: (a) made at or near the time of the oceun'enee of the matters set forth by‘ or from
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`NYSCEF Doc. NO. 48
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`INDEX NO~
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`RaCaIVaD uYSCEF: 10/18/2017
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`064573/2013
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`information provided by, persons with knowledge of the activity and transactions reflected in such
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`records; and (b) kept as a regular practice and in the ordinary course of business conducted by
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`Caliber Home Loans, Inc. It is the regular practice of Caliber Home Loans, Inc, to make such
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`records. In connection with making this Affidavit, I reviewed and relied on those business records
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`concerning the mortgage loan which is the subject of this proceeding.
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`3.
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`The payments due have not been made according to the tenns of the Note and the
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`Mortgage.
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`The moxtgage loan is currently due for the September 1, 2009 payment and each
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`subsequent payment.
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`4.
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`As of August 26, 2017, as reflected in Caliber Home Loans, Inc’s business records,
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`there is due and owing on the mortgage loan the sum of $496,225.67, which is broken down as
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`follows:
`
`Principal Balance
`
`/..............................$282,217.11
`
`Interest from 08/01/2009 through
`09/01/2017 at the interest rate of6.000% .............................................. $136,875.73
`
`Escrow Balance$76,50733
`
`Inspection ...................................................................................................... $507.00
`
`Broker’s Price Opinion ................................................................................. $1 18.50
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`Total .......................................................................................................$496,225.67
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`5.
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`The above figure does not include recoverable attorneys’ fees and costs, which
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`the recovery of same will be requested at the time of Plaintiff’s application for Judgment of
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`Foreclosure and Sale. Further, during the course of this action, Plaintiff may make additional
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`advances for taxes, insurance and property preservation accruing after the date of this Affidavit.
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`’ Plaintiff respectfully requests that such advances be added to the aniount'awarded to Plaintiff in
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`the Judgment at the time ot‘sale.
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`Ix)
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`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`3F DOC. NO.
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`8
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`INDEX NO~
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` RfiCfiIVfiD VYSCEF:
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`064573/2013
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`10/18/2017
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`6.
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`hereby certify that the foregoing statements made by me are true.
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`I am aware
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`that
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`if any of the foregoing statements made by me are willfully false,
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`I am subject
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`to
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`punishment.
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`US. Bank Tmst, N.A., as Tiustee for
`LSF9 Master Participation Trust, by
`Caliber Home Loans, Inc, as its attorney
`in fact
`
`.Q
`
`NM/
`
`
`
`
`
`
`STATE OF
`)
`COUNTY O
`) 55:
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`
`
`On the ____ da of
`appeared
`evidence to be
`
`the instrument, the i1
`
`1e
`
`the undersigned, personally
`in the year 20l7, before me,
`personally known to me or proved to me on the basis of satisfactory
`individual whose name is subscribed to the within instmment and
`that lie/she executed the same in his/her capacity, that by her signature on
`lividual, or the person upon behalf of which the individual acted, executed
`
`7
`
`(City)
`
`
`Notary Public
`
`
`Sworr to before me this
`
`
`
`By:
`Title:
`
`Kolette Modlin
`
`, 2017
`
`AnthOI‘126d Officer
`
`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
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`NYsCEF Doc. NO. 48
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`IND
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`RaCaIv¥
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`EX NO. 064573/2013
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` VYSCEF: 10/18/2017
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`ACKNOWLEDGMENT
`
`signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of
`that document.
`
`State of California
`
`County of San Diego
`
`)
`
`On September 19, 2017
`
`before me,
`
`SASHA CANDELARIA, Notary Public
`(insert name and title of the officer)
`
`personally appeared KOLETTE MODLIN
`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 acknowledged to me that he/she/they executed the same in his/her/their
`authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
`upon behalf of which the person(s) acted, executed the instrument.
`
`l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
`is true and correct.
`
`!
`
`VWTNESSnwtmnd
`
`dommasem.
`
`'.
`
`7- 3" .
`’25.”;
`
`Commission 5256 2057?..-
`“m“yHWW‘CW““~
`
`Signature
`
`
`
` ,rw‘éiNNA'
`
`A Notary Public or other officer oompietingthis certificate verifies only the
`identity of the incividuai who signed the document, to which this certificate is
`
`attached, and not the truthfulness, acairacy, or validity of that document.
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`~
`
`(Seal)
`
`Signature
`
` A Notary Public or other officer completing this certificate verifies only the identity of the individual who
`L
`
`State of California
`.
`Countyof San DISQOM
`
`19
`
`
`
`
`13:29:: 3
`.
`i
`'0 g
`7. 5,525.15.“
`eeegs.
`g g; :3
`Subscribed and sworn to (or affirmed) before me on this
`2.3 § ‘fi 5
`day of SEPT
`.2017 , by KOLETTE MODLlN
`W. .ro m g:
`>
`proved to me on the basis of satisfactory evidence to be the person(s) who
`wWNN
`
`appeared before me.
`
`

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`FILED: SUFFOLK COUNTY CLERK 10/18/2017 10:41 AM
`NYSCEF DOC. NO. 48
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`INDEX NO. 064573/2013
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`RECEIVED NYSCEF: 10/18/2017
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`FILED: SUFFOLK COUNTY CLERK 10m2017 10:41 AM
`NYSCEF~DOC. NO. 48
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`‘
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`INDEX NO~
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`RaCaIVaD VYSCEF:
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`064573/2013
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`10/18/2017
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`CERTIFICATE OF CONFORMITY
`
`STATE OF California
`
`COUNTY OF San Diego
`
`law duly
`The undersigned does hereby certify that she is an attorney at
`admitted to practice in the State of California
`and is a resident of
`San Diego
`, in the State of California
`: that she is a person
`duly qualified to make this certificate of conformity pursuant to Section 299—21 of the Real
`Property Law of the State of New York:
`that
`the foregoing acknowledgment by
`Kolette Modlin
`named in the forgoing in instrument
`taken before
`Sasha Can 6 ana
`, a notary in the State of California
`was
`,
`taken in the manner prescribed by such laws of the State of California
`being the State in whic» it was taken; and that it duly conforms with such laws and is in
`
`
`// i
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`/d efébctive in such state. all res cts’yali
`
`
`r z ,_ - GENAlLANDERSON
`
`Attorney at law for the State of
`California
`
`California (SBN 236834 )
`
`