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  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
  • Fairbridge Real Estate Investment Trust, Llc f/k/a Realfi Real Estate Investment Trust LLC v. Little Falls Garden Apartments Llc, Robinhood Properties L.L.C., Brookview Town House Llc a/k/a Brookview Town Houses LLC, Cor Holdings Llc, David Raven, Carl Orsini a/k/a Carlos M. Orsini, New York State Department Of Taxation And Finance, George Lumber & Building Material Inc., Key Bank as Successor by Merger to First Niagara Bank, N.A., John Doe Nos. 1-100, John Doe Corporation Nos. 1-100 and, John Doe Company Nos. 1-100Real Property - Mortgage Foreclosure - Commercial document preview
						
                                

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FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT B FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 HERKIMERCOUNTY-STATEOFNEWYORK SYLVIAM.ROWANCOUNTY CLERK .¡ 109MARY STREET,SUITE1111, HERKIMER, NY13350-2923 COUNTY CLERK'SRECORDING PAGE DETACH"* ***THISPAGEISPARTOFTHEDOCUMENT-DONOT Recording: cover Page 5.00 Recording Fee 280.00 I I 11111 111111 111ll111 Affidavit 5.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 INSTRUMENT #: RP2020-5037 Total: 310.00 Receipt#: 459570 **** NOTICE: THIS IS NOT A BILL **** - Clerk: KS Rec Date: 11/06/2020 10:06:56 AM Doc Grp: RP Descrip: CONSOLIDATION EXT MOD AGREE Num Pgs: 57 Rec'd Frm: ADVANTAGE ABSTRACT COMPANY LLC Party1: LITTLE FALLS GARDEN APARTMENTS LLC Party2: REALFI REAL ESTATE INVESTMENT TRUST LLC Town: LITTLE FALLS C/O WARNING*** I hereby that certify the within was recorded and foregoing in the HerkimerCounty Clerk's Office,StateofNewYork. Record and Return To: 'lhis the Clerks sheet constitutes endorsementrequiredby Section 316 of the Real Property Law of the State of NewYork. NEWMAN & LICKSTEIN SylviaM. Rowan 109 SOUTH WARREN STREET SUITE 404 HerkimerCountyClerk SYRACUSE NY 13202 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 MORTGAGE CONSOLIDATION, MODIFICATION AND EXTENSION AGREEMENT Date: October 16, 2020 Mortgagor: Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC, and Brookview Town Houses LLC Mortgagee: RealFi Real Estate Investment Trust, LLC Mortgage Amount: $2,250,000.00 Mortgaged Property: Address: - 759 East Monroe Street Extension City: City of Little Falls, County: Herkimer Section 115.45 Block: 1 Lot 2.2 Address: 60 East Main Street Town: Mohawk Village: Fonda County: Montgomery Section: 35.12 Block: 3 Lot: 23 Address: 97 Mettowee Street Town Granville Village: Granville County: Washington Section: 117.9 9 Block: 1 Lot: 32.2 14th p NY Record and return to:Cuddy & Feder,LLP, 445 Hamilton Avenue, OOr, White Plains, 10601 This mortgage covers property NOT to be improved in the aggregate not more than six by one or rnore structures containing units, each having their own separate cooking facilities. residential dwelling 4595011.vi FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 MORTGAGE CONSOLIDATION, MODIFICATION AND EXTENSION AGREEMENT THIS MORTGAGE CONSOLIDATION, MODIFICATION AND EXTENSION 16t!' AGREEMENT (this"Agreement') made and entered into as of the day of October 2020 by and between Robinhood Properties L.L.C., a New York limited liability company with an address at c/o Cor Holdings, LLC, 200 South Middle Neck Road, Unit 5,Great Neck, NY 11021, Little Falls Garden Apartments LLC, a New York limited liabilitycompany with an address at c/o Cor Holdings, LLC, 200 South Middle Neck Road, Unit 5, Great Neck, NY 11021, and Brookview Town Houses LLC, a New York limited liabilitycompany with an address at c/o Cor Holdings, LLC, 200 South Middle Neck Road, Unit 5, Great Neck, NY 11021(collectively the "Mortgagor"). and of RealFi Real Estate Investment Trust LLC, a Delaware Series Limited LiabilityCompany at itsoffices at 707 Westchester Avenue, Suite 305, White Plains, New York 10604 (the "Mortgagee") WITNESSETH: WHEREAS, Mortgagee is the holder of the mortgage described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Existing Mortgage"); and WHEREAS, Mortgagee is theholder of the gap mortgage described in Exhibit B attached hereto and made a part hereof (hereinafter referred to as the "Gap Mortgage"); and WHEREAS, the Existing Mortgage and the Gap Mortgage are liens upon the real property and improvements owned by the Mortgagor and known as and located at (i)759 East Monroe Street Extension, City of Little Falls,County of Herkimer, State of New York, Section 115.45, Block 1, Lot 2.2; (ii)60 East Main Street, Town of Mohawk, Village of Fonda, County of Montgomery, State of New York, Section 35.12, Block 3, Lot 23; and (iii). 97 Mettowee Street, Town and Village of Granville, County of Washington, State of New York , Section 117.9, Block 1, Lot 32.2 , and allas more fullydescribed in Exhibit C attached hereto and made a part hereof (hereinafter, collectively referred to as the "Land"); and WHEREAS, Mortgagee and Mortgagor desire to (i)consolidate the liens of the Existing Mortgage with the lienof the Gap Mortgage to fonn a single consolidated firstlien ashereinafter provided, and (ii) to modify and extend the terms of the Existing Mortgage and the Gap Mortgage, as consolidated. NOW, THEREFORE, in consideration of the premises and for Ten Dollars ($10.00) and other valuable consideration each to the other paid, the receipt of which ishereby acknowledged, the parties hereto agree as follows: 1. Outstanding Indebtedness. Mortgagor represents, covenants and agrees that as of the date hereof there is due and owing on the notes secured by the Existing Mortgage and the Mortgage (which notes are described in Exhibit D attached hereto and made a part hereof Gap 45950 I 1.v 1 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 Note" and hereinafter referred to herein individually as the "Existing and the "Gap Note", respectively, and collectively as the "Notes"), the principal balance of $6,225,000.00, plus accrued and unpaid interest and that as of the date hereof there are no claims, counterclaims, offsets or defenses to the Existing Mortgage, the Gap Mortgage, the Notes or thisAgreement. 2. · Mortgage Consolidation. The Mortgage and the Mortgage and the Existing Gap respective liens thereof are hereby consolidated and combined so that together they shall hereafter constitute in law but one firstmortgage and a single lien securing one principal sum of $2,250,000.00, together with interest thereon as provided in a certain Consolidated Note (the "Consolidated Note") of even date herewith between the Mortgagor and the Mortgagee upon the Premises (as defined in the Governing Mortgage (defined below)), with the same force and effect as if Mortgagee were the holder of a single firstmortgage, made and executed by Mortgagor, covering the Premises, as security for the indebtedness due under the Notes. 3. No Release or Novation. This Agreement constitutes a consolidation, extension, and modification of the Existing Mortgage and the Gap Mortgage and is not intended to and shall not extinguish any of the indebtedness or obligations of Mortgagor under the Existing Note or the Gap Note or any other loan document in connection therewith (collectively, the Existing Note and loan documents are referred to herein as the "Existing Loan Documents") in such manner as would constitute a release or novation of the original indebtedness or obligations of Mortgagor under the Existing Loan Documents nor shall this Agreement affect or impair the priority of any lien created thereby, itbeing the intention of the parties hereto to preserve all liens and security interests securing the payment of the Notes, which liensand security interests are acknowledged by Mortgagor to be valid and subsisting against the Premises. Mortgagor acknowledges that it isindebted to Mortgagee in the amount of the unpaid principal balance under the Notes, with interest,and does hereby covenant and agree to pay the same at the times and in the manner provided in the Consolidated Note and thisAgreement. 4. Modification and Extension of Consolidated Mortgage. The terms, covenants and provisions of the Existing Mortgage and the Gap Mortgage, as consolidated by thisAgreement, are hereby modified, extended, amended and restated so that henceforth such terms, covenants and provisiòns shall be those set forth in the form of Governing Mortgage annexed hereto and made a part hereof as Exhibit E (the "Governing Mortgage"). The terms, covenants and provisions of the Governing Mortgage supersede the terms, conditions and covenants contained in the Existing Mortgage and the Gap Mortgage and the terms, conditions and covenants of the Governing Mortgage shall in all events prevail and control. The terms and provisions of the Governing Mortgage are hereby ratified and confirmed in all respects by Mortgagor. A reference in any of the other documents, instruments and agreements executed and delivered in connection with the loan secured by this Agreement which refer to a Mortgage dated on or about the date hereof or a Note or Promissory Note dated on or about the date hereof or other similar references (other than in the Gap Mortgage and/or the Gap Note, as the case may be) shall mean and referto the Governing Mortgage or the Consolidated Note, as the context may require. 2 4595011.vi FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 This Agreement, and allof itsterms and provisions, shallbind and inure to the benefit of the parties hereto and their successors and permitted assigns, and lawful holder of this any Agreement. [NO FURTHER TEXT ON THIS PAGE; SIGNATURE PAGE FOLLOWS] 3 . 459501 1.vi FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 [SIGNATURE PAGE TO MORTGAGE CONSOLIDATION, MODIFICATION AND EXTENSION AGREEMENT) IN WITNESS WHEREOF, the partieshave caused this Agreement to be duly executed as of the day and year firstabove written. MORTGAGOR: Robinhood Properties L.L.C. By: Cor Holdin LLC, sole member By: . . / Name: Carl Orsini Title: Member/Manager LittleFalls Garden Apartments LLC By: Cor Holdings, LLC, sole member By: . Name: Carl Orsini Title: Member/Manager Brookview Town Houses LLC By: Cor Holdings, LLC, sole member Name: Carl Orsini Title: Member/Manager STATE OF NEW YORK ) )ss COUNTY OF NASSAU ) On the 6 day of October in the year 2020 before me, the undersigned, personally appeared Carl Orsini, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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/theircapacity(ies), and that by his/her/their signature(s) on the instrument, the individual s , orthe person upon behalf of which the individual(s) acted, executed the instrument. of Public SCOTTA. UCKSTElN Ne'ary Public, State of NewYork Qualifiedin OnondagaCo., No.02Ll473 888 20a___ ConnuissionExpiresAugust3t, 4595011.vt FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 MORTGAGEE: RealFi Real Estate Investment Trust, LLC By: . Name: Steven Wiss• Title: Anhteriend Si er Auho/ize STATE OF NEW YORK ) ): SS. COUNTY OF WESTCHESTER ) Public On in the and E for day said of State, October, in personally the year appeared 2020, Steven before me, Wissak the undersigned, personally known a to Notary me or proved to me on the basis of satisfactoryevidence to be the individual whose name issubscribed to the within instrument and acknowledged to me that he executed the same in hiscapacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Caterina Paternoster Notary Public, State of New York No. OlPA6260760 Qualified In DutchessCounty Commissian Expires April 30, 20_ 4595011.vl FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT A Existing Mortgage I. Mortgage made by Robinhood Properties L.L.C. in favor of Habib American Bank in the original principal amount of $680,000.00 dated as of April 1, 2010 and recorded in the Montgomery County Clerk's Office on June 7, 2010 as Instrument No. 2010-37915, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated.as of June 19, 2012 and recorded in the Montgomery County Clerk's Office on August 14, 2017 as Instrument No. 2017-74268. II. (a) IVIortgage made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $332,367.00 dated as of April 7, 2010 and recorded in the Herkimer County Clerk's Office on April 1, 2011 as Instrument No. 2011-164218. As the above Mortgage (a) was consolidated, modified and extended with a new money Mortgage in the amount of $183,865.22 to form a single lien in the consolidated principal amount of $500,000.00 by that certain Consolidation, Extension, Modification Agreement (with New Money Mortgage) dated as of February 17, 2012 and recorded in the Herkimer Clerk's Office on 2012 as Instrument No. 2012- County February 28, 169934 in Book 1429 at Page 453, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Herkimer County Clerk's Office on July 25, 2012 as Instrument No. 2012-172870 in Book 1448 at Page 11. (b) Mortgage made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $100,000.00 dated as of February 17, 2012 and recorded in the Herkimer County Clerk's Office on February 28, 2012 as Instrument No. 2012-169936 in Book 1429 at Page 471, as assigned to FirstNiagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Herkimer County Clerk's Office on July 25, 2012 as Instrument No. 2012-172869 in Book 1448 at Page 9. III. Mortgage made by Brookview Town Houses LLC in favor of Habib American Bank in the original principal amount of $265,000.00 dated as of April 1, 2010 and recorded in the Washington County Clerk's Office on June 1, 2010 as Instrument No. 2010-62689 in Book 2838 at Page 187, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Washington County Clerk's Office on August 7, 2017 as Instrument No. 2017-114502 in Book 3823 at Page 134. As the above Mortgages I,II and III,as assigned to First Niagara Bank, N.A., were consolidated, modified and extended with a new money Mortgage in the amount of $820,091.36 to form a single lien in the consolidated principal amount of $2,300,000.00 by that certain Mortgage and Security Agreement with Consolidation, Modification, Extension and Spreading Agreement dated as of June 20, 2012 and recorded (a) inthe Montgomery County Clerk's Office on August 14, 2017 as Instrument No. 2017-74270, (b) in the Herkimer County Clerk's Office on July 25, 4595011.v1 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 2012 as Instrument No. 2012-172872 in Book 1448 at Page 15 and (c)in the Washington County Clerk's Office on August 7, 2017 as Instrument No. 2017-114504 in Book 3823 at Page 138. Assignment of Mortgage by KEYBANK NATIONAL ASSOCIATION, a National Banking Association and successor-in-interest (by merger) to FirstNiagara Bank, N.A., to Cor Holdings, LLC, dated October 16, 2020 and intended to be recorded the Offices of the Clerks of the Counties of Montgomery, Herkimer, and Washington. Assignment of Mortgage to Cor Holdings, LLC to RealFi Real Estate Investment Trust LLC dated October 16, 2020 and intended to be recorded the Offices of the Clerks of the Counties of Montgomery, Herkimer, and Washington; and upon which Mortgage, as consolidated there remains an unpaid principal balance of $1,500,000.00. 4595011.vi FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT B Gap Mortgage Mortgage made by Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC, Brookview Town Houses LLC in favor of RealFi Real Estate Investment Trust LLC, dated October 16, 2020 in the original principal amount of $750,000.00, and intended to be recorded in the Offices of the Clerks of the Counties of Montgomery, Herkimer, and Washington. A/A#d-f83 45950I1.v1 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT C Description of Land 4595011.v1 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 Sch e d ule A D es cription Parcel A - 759 East Monroe Little NY Street, Falls, All that certain lot,piece or parcel of land situate, lying and being in the City of Little Falls, County of Herkimer, State of New York and being more accurately bounded and described as follows: Beginning at a point in the northeasterly line of New York State Route #170 (a.k.a.East Monroe Street Extension) as per Acquisition mapping dated October 20, 1986 and being at the northwesterly corner of lands of Van Allen Realty Co., LLC said point also being the southerly most corner of the here-in described parcel; thence from the said point or place of beginning and following along the northeasterly line ofNew York State Route #170 as per Acquisition mapping the following (3) courses and distances: 1)North 34 degrees 23 minutes 27 seconds West 138.00 feet to a point, 2)North 24 degrees 08 minutes 39 seconds West 152.24 feet to a point,3) North 02 degrees 02 minutes 59 seconds East 48.56 to a point;thence along the linebetween the City of Little Falls and the Town ofManheim on the north and being the lands of Nesom and following along or near old barbed wire fence remains, South 85 degrees 05 minutes 40 seconds East 349.74 feetto an iron pin found, said pin being tied North 85 degrees 05 minutes 40 seconds West 538.30 feet from an iron pin found on the westerly side of Burrell Road; thence along the line of lands of Van Allen Realty Co, LLC the following (2)courses and distances: 1) South 27 degrees 54 minutes 41 seconds West 230.81 feet to a point,2) South 56 degrees 30 minutes 11 seconds West 122.24 feetto the point or place of beginning. Parcel B - 97 Mettowee NY Street, Granville, All that certain lot,piece or parcel of land situate, lying and being in the Village of Granville, Town of Granville, State of New York and being more accurately bounded and described as follows: Beginning at a buried iron pin found in the southerly line of Mettowee Street at the northwest corner of lands of the Village of Granville as described in d1.509 pg.13 and being tied, North 35 degrees 31 minutes 20 seconds West 324.38 feetfrom the former comer of lands of Berkowitz and also being the northeasterly most corner of the here-in described parcel; thence from the said point or place of beginning and following along the lineof lands of the Village of Granville, South 39 degrees 29 minutes 47 seconds West 200.00 feet to an iron pin found; thence stillalong the line of lands of the Village of Granville, North 63 degrees 42 minutes 00 seconds West 200.00 feet to an iron pin found on theeasterly shore of the Indian River; thence in a northerly direction along the easterly shore of the Indian River to a point in the southerly line of Mettowee Street said point being tied,North 24 degrees 09 minutes 50 seconds East 265.00 feetfrom the lastmentioned iron pin found; thence along the southerly lineof Mettowee Street the following (3) courses and distances: 1)along a curve tothe left having a radius of 169.42 feet for an arc distance of 87.26 feet to a point,.2) South 53 degrees 07 minutes 10 seconds East 145.01 feetto a point, 3) along a curve to the right having a radius of 595.44 feet for an arc distance of35.62 feet to the point or place of beginning. FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 Parcel C - 60 East Main NY Street, Fonda, All that certain lot,piece or parcel of land situate,lying and being in the Village of Fonda, County of Montgomery, State of New York and being more accurately bounded and described as follows: Beginning at a pointin the southerly line of New York State Route # 5 (a.k.a.East Main Street) being atthe northeasterly corner of lands of Geloso as described in Deed Liber 404 Page 802 and also being the northwesterly most corner of the here-in described parcel; thence from the said point or place of beginning and following along the southerly lineof New York State Route #5, South 88 degrees 00 minutes 00 seconds East 285.00 feet toa point; thence along the line of lands of Hanson as described in d1.708 pg.15, South 02 degrees 28 minutes 05 seconds West 211.43 feetto a point being the rusted remains of an old pipe found; thence along the lands of New York Central Line, Inc.,North 86 degrees 25 minutes 24 seconds West 285.04 feet toa point; thence along the line of Geloso before mentioned, North 02 degrees 28 minutes 05 seconds East 203.59 feet to the point or place of beginning. FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT D Existing Note 1. Note made by Robinhood Properties L.L.C. in favor of Habib American Bank in the originalprincipal amount of $680,000.00 dated as of April 1, 2010 2. Note made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $332,367.00 dated as of April 7, 2010 3. Note made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $185,865.22 dated as of February 17, 2012 4. Consolidated Note by Little Falls Garden Apartments LLC infavor of Habib American Bank in the original principal amount of $500,000.00 dated as of February 17, 2012 5. Note made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $100,000.00 dated as of February 17, 2012 6. Note made by Brookview Town Houses LLC in favor of Habib American Bank in the original principal amount of $265,000.00 dated as of April 1, 2010 7. New money Note made by Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC and Brookview Town Houses LLC in favor of FirstNiagara Bank, N.A., in the amount of $820,091.36, dated as of June 20, 2012 8. Consolidated Note made by Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC and Brookview Town Houses LLC in favor of FirstNiagara Bank, N.A., in the amount of $2,300,000, dated as of June 20, 2012 Gap Note 1. Gap Note made by Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC and Brookview Town Houses LLC in favor of RealFi Real Estate Investment Trust LLC, in the original principal amount of $750,000.00, dated as of October 16, 2020 4595011.v1 FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 EXHIBIT E Governing Mortgage 4595011.vi FILED: MONTGOMERY COUNTY CLERK 09/19/2022 01:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/19/2022 GOVERNING MORTGAGE Date: October 16, 2020 Mortgagor: Robinhood Properties L.L.C., LittleFalls Garden Apartments LLC, and Brookview Town Houses LLC Mortgagee: RealFi Real Estate Investment Trust, LLC Mortgage Amount: $2,250,000.00 Mortgaged Property: Address: 759 East Monroe Street Extension City: City of LittleFalls, County: Herkimer Section 115.45 Block: 1 Lot 2.2 Address: 60 East Main Street Town: . Mohawk Village: Fonda County: Montgomery Section: 35.12 Block: 3 Lot: 23; Address: 97 Mettowee Street Town Granville Village: Granville County: