Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
EXHIBIT D
(Page 1 of 12) INDEX NO. 135504/2018
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
Office of the
Richmond County Clerk
130 Stuyvesant Place
Staten Island, NY 10301
Hon. Stephen J. Clerk ACS-000000000305165-0000000004076 73-012
Fiala, County
Recording and Endorsement Cover Page
Document Id: 000000000407673 Document Date: 01/21/2011 Preparation Date: 08/08/2011
Document Type: MORTGAGE & CONSOLIDATION
Document Page Count: 00012
PRESENTER: RETURN TO:
FIRST AMERICAN TITLE CO FIRST AMERICAN TITLE CO
3 FIRST AMERICAN WAY 3 FIRST AMERICAN WAY
SANTA ANA CA, 92707 SANTA ANA CA, 92707
PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1
Block Lot Unit Address
5658 169 Entire Lot WOLCOTT dV0
Type: - 1
Property Dwelling Only Family
PARTIES
MORTGAGOR INDEX MORTGAGEE INDEX
ROBERT CIMMINO WELLS EARGO BANK, NA
84 WOLCOTT AVE 3476 STATEVIEW BLVD
STATEN ISLAND NY, 10312 FORT MILL SC, 29715
Others"
"And
Mortgage Cons: $21,369.69
PAYMENT DETAIL
Make Checks Payable to:
===================================================================================-======
Richmond County Clerk: 62.00 Recording Fees
Richmond County Clerk: 408.70.Mortgage Tax
____________________
FEES
EXAM DATE
LAND DOC 392638
24-MORTGAGES
ÇQ0NE
MTAX: DC 4458 $408.70
08/25/2011 09:49:16 A.M.
RECEIPT: 37675 FEE: $62.00
RICHMOND COUNTY CLERK
(Page 2 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
This Document Prepared By:
WELLS FARGO BANK,
N.A.,D/B/A AMERICA'S SERVICING COMPANY
3476 STATEVIEW BLVD, MAC# X7801-03K
FORT MILL, SOUTH CAROLINA 29715
When Recording Return To:
First American TitleCornpany ALTA
P.O. Box 27670
Santa Ana, CA 92799
Attn: Loss Mitigation TitleServices
[Space Above This Line For Recording Data|
Original Recorded Date: NOVEMBER 9, 2006 Fannie Mae Lo
Original PrincipalAmount: $ 245,000.00
LOAN MODIFICATION AGREEMENT
L (a (Providing for Fixed InterestRate)
This Loan Modification Agreement ("Agreement"), made this 21ST day of JANUARY, 2011 ,
:f-
between ROBERT M. CIMMINO AND CATHY CIMMINO
. .
whose address is 84 WOLCOTT AVENUE .(g
STATEN ISLAND, NEW YORK 10312
and WELLS FARGO D/B/A AMERICA'S SERVICING COMPANY -
("Borrower") BANK, N.A.,
which is organizedand existingunder the lawsof oF AMERICA
nfE UNITEDSTATES , and whose addressis
3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SOUTH CAROLINA 29715 ("Lender"),
amends and supplements (1)the Mortgage, Deed of Trust orSecurityDeed (the"Security Instrument"),and
Timely Payment Rewartis Rider,ifany, dated OCTOBER 20,2006 and recordedin
Instrument No. 161146 , ofthe Official Records of
(Name of Records)
RICHMOND COUNTY, NEW YORK , and(2)the Note bearing thesame dateas, and
(County and State, or otherjurisdiction)
secured by, theSecurity Instrument, which covers the realand personal propertydescribed in theSecurity
Instrument and definedthereinas the "Property",locatedat .
84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312
(Property Address)
LOAN MOD[FICATION AGREEMENT- SingleFamily- Form 31791/01(rev. 01/09)·
FannieMaeUniforrn Instrument (page/ of 5)
CorelogicDocumeng
Sen·ices NEW YORK
CoreLogic,Inc.
CLDS#NYFM3179Ren 09-13-10
Original Principal Amount: $ 000.o0
Unpaid Principal Amount: $
New Unpaid Principal Amount
$ P-73 , '/or)-. Fro
. New Money (Cap): $ ?f '½ . (A
(Page 3 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
the realpropertydescribed being set forth
as follows:
EXHIBIT "A" ATTACHED AND A PART
SEE HERETO MADE HEREOF;
In consideration of the mutual promises and agreements exchanged, the parties hereto agree
as foilws (notwithstandinganything to thecontrary containedin theNote or SecurityInstrument):
1. As of MARC‰ 1, 2011 , the amountpayable under the Note and the SecurityInstrument
(the"Onpaid PrincipalBalancé") is U.S.S 273,902.80 , consistingofthe unpaid amount(s)
loaned toBorrower by Lender plus any interest
and otheramounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus to
interest, the order of Lender.
Interestwillbe chargedon the Unpaid Principal Balance at the
yearly rateof 4.000 %, from
MARCH 1, 2011 . Borrower promises tomake monthly payments of principaland
interestofU.S. $ 1,144.75 , beginningon the 1ST day of APRIL, 2011 , and
thereafter'
continuing on the same day of each succeeding month until principaland interest
are paidin full.The yearlyrate of 4.000 % will remain in effectuntilprincipaland interest
are paidin full.Ifon MARCH 01,2051 (the"Maturity Date"), Borrower stillowes
amounts under the Note and theSecurity Instrument,as amended by thisAgreement, Borrower will
pay theseamounts in fullon the Date.
. Maturity .
3. If allor any part of the Property or any interest in the Property is sold or transferred(or if
Borrower is not a naturalperson and a beneficial interestin Borrower issold or transferred)
withoutLender's priorwrittenconsent, Lender may require immediate payment infullof allsums
secured by theSecurity Instrument.
-
IfLender exercises thisoption, Lender shall give Borrower noticeof acceleration. The notice
shall provide a period ofnot less than 30 days from the date thenotice is deliveredor mailed
within which Borrower must pay allsums secured by the Security instrument. If Borrower
failsto pay these sums priorto the expirationof thisperiod, Lender may invoke any remedies
permitted by theSecurity Instrument withoutfurthernotice ordemand on Borrower.
4. Borrower also willcomply with allother covenants, agreements, and requirements.of theSecurity
Instrument, including without limitation,Borrower's covenants and agreements to make all
payments of taxes, insurance premiums, assessments, escrew items, impounds, and allother
payments that Borrower is obligated to make under the Security Instrument; however, the
following terms and provisions are forevercanceled, null and void, as of the date specifiedin ..
paragraph No. 1 above:
LOAN MODIFICATION AGREEMENT- Single Famuy - Fannie Mae Uniform
Instrument Form 3179 1/01 (rev. 01/09)
CoreLogic Document Services (Page 2)
CoreLogic, inc.
CLDS# FM3179-2 Rev. 10-27-10
wage 4 or 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
(a) allterms and provisions of the Note and Security Instrument (if any) providing for,
implementing, or relating to, any change or adjustment in the rate of interestpayable
under the Note, including, where applicable,the Timely Payment Rewards rate reduction,
as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and
paragraph A. l. of the Timely Payment Rewards Rider. By executing thisAgreement,
Borrower waives any Timely Payment Rewards rate reduction to which Borrower may
have otherwisebeen entitled;and
(b) allterms and provisions of any adjustable raterider, orTimely Payment Rewards Rider,
where applicable,or otherinstrument or document thatis affixed to,wholly or partially
incorporated or
into, ispart of,the Note or Security Instrument and that contains any such
terms and provisionsas thosereferredto in (a)above.
5. Borrower understands and agrees that:
(a) All the rightsand remedies, stipulations,and conditions contained in the Security
Instrument relating to default inthe making of payments under the SecurityInstrument
shallalso applyto defaultinthe making ofthe modified payments hereunder.
(b) All covenants, agreements, and
stipulations, conditions inthe Note and SecurityInstrument
shallbe and remain in fullforce and effect,except as herein modified, and none of the
Borrower's obligations or under
liabilities the Note and Security Instrument shall be
diminished or releasedby any provisionshereof, nor.shallthisAgreement in.anyway impair,
diminish, or affect any of Lender's rightsunder or remedies on the Note and Security
Instrument, whether such rightsor remedies arisethereunder orby operation of law. Also,
allrightsof recourse to which Lender is presentlyentitled
against any property orany other
persons in any way obligated for, orliable on, the Note and Security Instrument are
expressly reserved by Lender.
(c) Nothing inthis Agreement shallbe understood or construed to be a satisfaction
or release
in whole orin partof the Noteand Security Instrument.
(d) All costs and expenses incurred by Lender in connection with this Agreement, including
recording fees, title
examination, and attorney'sfees, shallbe paid by the Borrower and
shallbe secured by theSecurity Instrument,unlessstipulatedotherwise by Lender.
(e) Borrower agrees to make and executesuch other documents or papers as may be necessary
or requiredto effectuatethe terms and conditionsof thisAgreement which, ifapproved and
accepted by Lender, shallbind and inure tothe heirs,executors, administrators,and assigns
of theBorrower.
LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform
Instrument Form 3179 1/01 (rev. 01/09)
CoreLogic Document Sc vices (Page 3)
Corel ogic, Inc.
CLDS# FM3179-3 Rev. 10-27-10
(Page 5 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
.Edward PoweR .
---- . Vice President Loan Documentation . f *#(seal)
Name: - Lender
Its:
d'
T) im s o e Í/ (Seal)
ROÈ£RT M. MINO - Borrower
A D (Seal)
4, - Borrower
CATHY CI th
(Seal)
- Borrower
(Seal)
- Borrower
LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform
Instrument Form 3179 1/01 (rev. 01/09)
CoreLogic Document Services . (Page 4)
CoreLogic, Inc.
CLDS# FM3179-4 Rev 10-27-10
(Page 6 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
(Space Below This Line forAcknowledgments]
BORROWERACKNOWLEDGMENT
Stateof NEW YORK )
County of
On the day of in theyear before the undersigned,personally appeared
RO RT . CIMMINO AND CATHY CIMyrf pO
personally known tome or proved to me on the basisof satisfactoryevidence tobe the individual(s)whose
name(s) is (are)subscribed tothe within instrument and acknowledged to me thathe/she/they executed the .
same inhis/her/their
capacity(ies),and thatby his/her/their
signature(s)on the instrument, theindividual(s),
or theperson upon behalf ofwhich theindividu l(s)acted,executed the instrument.
officeof individualt acknowle . ROMCA ROSEMCLMJGHLAr
(Signatureand ing g ent)
- Siste
of New Ybrk
Notary Public
. NO.01M06222486
LENDER ACKNOWLEDGMENT Richmon
Quanfledin ounty
My Commission Expires.
Stateof at 46O
County of
On the day of inthe year beforeme, the undersigned, personally appeared
(wegt T OW1;/ , the Vic
&cs foeuwlocyanadshdwo of
a O> yth p.j¬4. , on behalf ofsaid entity,personally known to me
(or proved to me on the basisof satisfactoryevidence) tobe the person(/J whose name(4) is/qfesubscribed
to the within
instrument and acknowledged tome that executed
he/sj(e/thpy the same inhis/her/thtfr
authorized
and
capacity(i/s), that by his/h r/thçBf
signature(y)on theinstrument, theperson(4, or the entityupon behalf
ofwhich the person(p) executed theinstrument. - - - - - - - - - - -
acted,
SM Naeem Ayub
WITNESS my hand and official
seal. NOTARY PUBLIC
State of Minnesota
-a,--My Commtssion Expires 1-31-2014
- - -
2 2.7 _ -_ _ - - - - -
( gnature and officeof individual
taking acknowledgment)
Prmted Name (Seal)
LOAN MODIFICATION AGREEMENT - SingleFamily-
FannieMaeUnirorm Instrument Form 31791/0] (rew 01/09) (Page3)
CoreLogicDocunnt Serviws NEW YORK
Corefogic.Inc.
CLDS#NYFM3179-5Rev 10-28-10
(Page 7 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
Date: MARCH 1 2011
Loan Number:
Lender: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY
Borrower: ROBERT M. CIMMINO AND CATHY CIMMINO
PropertyAddress: 84 WOLCOTT AVENUE
STATEN ISLAND, NEW YORK 10312
. .
NOTICE OF NO ORAL AGREEMENTS
THIS WRITTEN LOAN AG REEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS
OR 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 receivedand read a copyof thisNotice on orbefore
Agreement"
execution of theLoan Agreement. "Loan means one or more promises, promissory notes, agreements,
undertakings,securityagreements, deeds of trustorother documents, or commitments, or any combination of those
actionsor documents, pursuant towhich a financial
institution
loansor delays repayment ofor agrees toloan or delay
repa ment ofmoney, goods or any otherthingofvalue or tootherwiseextend creditormake accommodation.
a financial
Borro Date
R T M. 61M O
Borrowe Date
CATHY C1 INO
Borrower . Date
Borrower Date
Borrower Date
Borrower Date
CoreLogic Document Services Oral Agreements
Notice ofNo
02010 CorcLogic, Inc,
CLDS# FANDO33 Rev. 12-10-08
(Page 8 of 12) INDEX NO. 135504/2018
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
Mortgage Schedule
Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd
for $245,000.00 and interest, dated 10/20/2006 and recorded 11/09/2006 in/as Document
Number 161146. Mortgage Tax Paid: $4,992.50
. .
(Page 9 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
EXHIBIT A
BORROWER(S): ROBERT M. CIMMINO AND CATHY CIMMINO
LOAN NUMBER:
. .
LEGAL DESCRIPTION:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING
AND BEING IN THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND,
CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF WOLCOTT AVENUE,
DISTANT 138.01 FEET EASTERLY OF THE CORNER FORMED BY THE
INTERSECTION OF THE SOUTHERLY RECORD LINE OF WOLCOTT AVENUE
. AND THE EASTERLY LINE OF DRUMGOOLE ROAD EAST, AS VESTED IN THE
81'46' 40"
CITY OF NEW YORK; RUNNING THENCE SOUTH EAST AND
ALONG SAID SOUTHERLY SIDE OF WOLCOTT AVENUE 20.00 FEET; THENCE
13'20"
SOUTH 08 DEGREES WEST, AND PART OF THE WAY THROUGH A
PARTY WALL, 129.75 FEET TO THE NORTHERLY LINE OF GRANTWOOD
AVENUE, AS ADOPTED BY THE CITY OF NEW YORK; THENCE NORTH 58
28'00"
DEGREES WEST, AND ALONG SAID NORTHERLY LINE OF
13'20"
GRANTWOOD AVENUE, 21.77 FEET; THENCE NORTH 08 DEGREES
EAST, AND PART OF THE WAY THROUGH A PARTY WALL, 121.14 FEET TO
TIIE SOUTHERLY LINE OF WOLCOTT AVENUE AND TIIE POINT OR PLACE OF
BEGINNING. APN:056580169
ALSO KNOWN AS: 84 WOLCOTT AVENUE, STATEN ISLAND, NEW ŽORK 10312
CLDS# EXHIBIT.A Rev. 07-03-07
(Page 10 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
AFFIDAVIT UNDER SECTION 255 OF THE NEW YORK STA
(MODIFICATION AGREEMENT) ..
I, , beingduly sworn, deposes and says;
1. That he/she is theagent for theowner and holder of the hereinafter
described mortgage, and is familiar
with thefactsset forthherein.
2. A certainmortgage bearing thedate of OCTOBER 20,2006 , in the
principalamount of
TWO HUNDRED FORTY FIVE THOUSAND AND NO /100
($ 245,000.00 ) wasmade by
ROBERT M. CIMMINO AND CATHY CIMMINO
as Mortgagor to
WALL STREET MORTGAGE BANKERS, LTD.
as originalMortgagee, recorded on NOVEMBER 9, 2006 , inLiber - Page
InstrumentNo. 161146 , Mortgage tax paid: 4992.50 , andassigned to
recordedon in Liber Page ,
InstrumentNo. , in theRICHMOND County Clerk's Office,upon
which the mortgage tax was duly paidthereon.
3. The instrument offered forrecording herewish is a Modification
made by
ROBERT M. CIMMINO AND CATHY CIMMINO
to WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
effective MARCH 1, 2011 , andto be recorded in theRICHMOND County
Clerk's Office.
. .
CoreLogic Document Services AfEdavit Under Section 255 of the New York State Law
CoreLogic. Inc.
CLDS# NY255M Rev. 11-22-10 . Page 1of 2
(Page 11 of 12)
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
- ,.
4. The instrument offered forrecording modifies and does not createor secure any new or further lien,
indebtedness or obligationother than theprincipal indebtedness orobligation secured by gr which under
any contingency may be securedby the recordedmortgage hereinabove first
described with the exceptionof
thefollowing amount:
· Unpaid principalbalance $ 252,533.11
a)
b) New unpaid principalbalance $ 273,902.80
c) b minus a equals $ 21,369.69
d) Additional obligationsecured by mortgage as modified
Additionalmortgage recordingtaxof $ is thereforebeing paid on this
Modification
on thesum set forth
in 4c.
o
That Exemption from furthertax is CLAIMED under Section 255 ofthe Tax Law.
WELLSFARGO BANK,N.A,D/B/AAMERICA'S
SERVICING
C tNY
Name:
Title:
h
ÚCR
hø
N.$icl£A
\
mgAbtion
Sworn to beforeme this day of , 20
Notary Public,State of
L s
My commission expires: (
DAVID J. BRUNNER
NOTARYPUBLIC-MINNESOTA
Jan.31,20t6
Expires
Mycommission
wƒwww½ANWWWWWwwwwWWWvs
CoreLogic Document Services AfTidavit Under Section 255 of the New York StateLaw
2010 Corclogic,
Inc.
CLDS# NY255M-2 Rev. 10-05-10 Page2 of 2
(Page 12 of 12) INDEX NO. 135504/2018
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022
Mortgage Schedule
Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd
for $245,000.00 and interest, dated 10/20/2006 and recorded 11/09/2006 in/as Document
Number 161146. Mortgage Tax Paid: $4,992.50
Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 EXHIBIT D (Page 1 of 12) INDEX NO. 135504/2018 FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 Office of the Richmond County Clerk 130 Stuyvesant Place Staten Island, NY 10301 Hon. Stephen J. Clerk ACS-000000000305165-0000000004076 73-012 Fiala, County Recording and Endorsement Cover Page Document Id: 000000000407673 Document Date: 01/21/2011 Preparation Date: 08/08/2011 Document Type: MORTGAGE & CONSOLIDATION Document Page Count: 00012 PRESENTER: RETURN TO: FIRST AMERICAN TITLE CO FIRST AMERICAN TITLE CO 3 FIRST AMERICAN WAY 3 FIRST AMERICAN WAY SANTA ANA CA, 92707 SANTA ANA CA, 92707 PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1 Block Lot Unit Address 5658 169 Entire Lot WOLCOTT dV0 Type: - 1 Property Dwelling Only Family PARTIES MORTGAGOR INDEX MORTGAGEE INDEX ROBERT CIMMINO WELLS EARGO BANK, NA 84 WOLCOTT AVE 3476 STATEVIEW BLVD STATEN ISLAND NY, 10312 FORT MILL SC, 29715 Others" "And Mortgage Cons: $21,369.69 PAYMENT DETAIL Make Checks Payable to: ===================================================================================-====== Richmond County Clerk: 62.00 Recording Fees Richmond County Clerk: 408.70.Mortgage Tax ____________________ FEES EXAM DATE LAND DOC 392638 24-MORTGAGES ÇQ0NE MTAX: DC 4458 $408.70 08/25/2011 09:49:16 A.M. RECEIPT: 37675 FEE: $62.00 RICHMOND COUNTY CLERK (Page 2 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 This Document Prepared By: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY 3476 STATEVIEW BLVD, MAC# X7801-03K FORT MILL, SOUTH CAROLINA 29715 When Recording Return To: First American TitleCornpany ALTA P.O. Box 27670 Santa Ana, CA 92799 Attn: Loss Mitigation TitleServices [Space Above This Line For Recording Data| Original Recorded Date: NOVEMBER 9, 2006 Fannie Mae Lo Original PrincipalAmount: $ 245,000.00 LOAN MODIFICATION AGREEMENT L (a (Providing for Fixed InterestRate) This Loan Modification Agreement ("Agreement"), made this 21ST day of JANUARY, 2011 , :f- between ROBERT M. CIMMINO AND CATHY CIMMINO . . whose address is 84 WOLCOTT AVENUE .(g STATEN ISLAND, NEW YORK 10312 and WELLS FARGO D/B/A AMERICA'S SERVICING COMPANY - ("Borrower") BANK, N.A., which is organizedand existingunder the lawsof oF AMERICA nfE UNITEDSTATES , and whose addressis 3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SOUTH CAROLINA 29715 ("Lender"), amends and supplements (1)the Mortgage, Deed of Trust orSecurityDeed (the"Security Instrument"),and Timely Payment Rewartis Rider,ifany, dated OCTOBER 20,2006 and recordedin Instrument No. 161146 , ofthe Official Records of (Name of Records) RICHMOND COUNTY, NEW YORK , and(2)the Note bearing thesame dateas, and (County and State, or otherjurisdiction) secured by, theSecurity Instrument, which covers the realand personal propertydescribed in theSecurity Instrument and definedthereinas the "Property",locatedat . 84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312 (Property Address) LOAN MOD[FICATION AGREEMENT- SingleFamily- Form 31791/01(rev. 01/09)· FannieMaeUniforrn Instrument (page/ of 5) CorelogicDocumeng Sen·ices NEW YORK CoreLogic,Inc. CLDS#NYFM3179Ren 09-13-10 Original Principal Amount: $ 000.o0 Unpaid Principal Amount: $ New Unpaid Principal Amount $ P-73 , '/or)-. Fro . New Money (Cap): $ ?f '½ . (A (Page 3 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 the realpropertydescribed being set forth as follows: EXHIBIT "A" ATTACHED AND A PART SEE HERETO MADE HEREOF; In consideration of the mutual promises and agreements exchanged, the parties hereto agree as foilws (notwithstandinganything to thecontrary containedin theNote or SecurityInstrument): 1. As of MARC‰ 1, 2011 , the amountpayable under the Note and the SecurityInstrument (the"Onpaid PrincipalBalancé") is U.S.S 273,902.80 , consistingofthe unpaid amount(s) loaned toBorrower by Lender plus any interest and otheramounts capitalized. 2. Borrower promises to pay the Unpaid Principal Balance, plus to interest, the order of Lender. Interestwillbe chargedon the Unpaid Principal Balance at the yearly rateof 4.000 %, from MARCH 1, 2011 . Borrower promises tomake monthly payments of principaland interestofU.S. $ 1,144.75 , beginningon the 1ST day of APRIL, 2011 , and thereafter' continuing on the same day of each succeeding month until principaland interest are paidin full.The yearlyrate of 4.000 % will remain in effectuntilprincipaland interest are paidin full.Ifon MARCH 01,2051 (the"Maturity Date"), Borrower stillowes amounts under the Note and theSecurity Instrument,as amended by thisAgreement, Borrower will pay theseamounts in fullon the Date. . Maturity . 3. If allor any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a naturalperson and a beneficial interestin Borrower issold or transferred) withoutLender's priorwrittenconsent, Lender may require immediate payment infullof allsums secured by theSecurity Instrument. - IfLender exercises thisoption, Lender shall give Borrower noticeof acceleration. The notice shall provide a period ofnot less than 30 days from the date thenotice is deliveredor mailed within which Borrower must pay allsums secured by the Security instrument. If Borrower failsto pay these sums priorto the expirationof thisperiod, Lender may invoke any remedies permitted by theSecurity Instrument withoutfurthernotice ordemand on Borrower. 4. Borrower also willcomply with allother covenants, agreements, and requirements.of theSecurity Instrument, including without limitation,Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrew items, impounds, and allother payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forevercanceled, null and void, as of the date specifiedin .. paragraph No. 1 above: LOAN MODIFICATION AGREEMENT- Single Famuy - Fannie Mae Uniform Instrument Form 3179 1/01 (rev. 01/09) CoreLogic Document Services (Page 2) CoreLogic, inc. CLDS# FM3179-2 Rev. 10-27-10 wage 4 or 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 (a) allterms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interestpayable under the Note, including, where applicable,the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A. l. of the Timely Payment Rewards Rider. By executing thisAgreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwisebeen entitled;and (b) allterms and provisions of any adjustable raterider, orTimely Payment Rewards Rider, where applicable,or otherinstrument or document thatis affixed to,wholly or partially incorporated or into, ispart of,the Note or Security Instrument and that contains any such terms and provisionsas thosereferredto in (a)above. 5. Borrower understands and agrees that: (a) All the rightsand remedies, stipulations,and conditions contained in the Security Instrument relating to default inthe making of payments under the SecurityInstrument shallalso applyto defaultinthe making ofthe modified payments hereunder. (b) All covenants, agreements, and stipulations, conditions inthe Note and SecurityInstrument shallbe and remain in fullforce and effect,except as herein modified, and none of the Borrower's obligations or under liabilities the Note and Security Instrument shall be diminished or releasedby any provisionshereof, nor.shallthisAgreement in.anyway impair, diminish, or affect any of Lender's rightsunder or remedies on the Note and Security Instrument, whether such rightsor remedies arisethereunder orby operation of law. Also, allrightsof recourse to which Lender is presentlyentitled against any property orany other persons in any way obligated for, orliable on, the Note and Security Instrument are expressly reserved by Lender. (c) Nothing inthis Agreement shallbe understood or construed to be a satisfaction or release in whole orin partof the Noteand Security Instrument. (d) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney'sfees, shallbe paid by the Borrower and shallbe secured by theSecurity Instrument,unlessstipulatedotherwise by Lender. (e) Borrower agrees to make and executesuch other documents or papers as may be necessary or requiredto effectuatethe terms and conditionsof thisAgreement which, ifapproved and accepted by Lender, shallbind and inure tothe heirs,executors, administrators,and assigns of theBorrower. LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform Instrument Form 3179 1/01 (rev. 01/09) CoreLogic Document Sc vices (Page 3) Corel ogic, Inc. CLDS# FM3179-3 Rev. 10-27-10 (Page 5 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY .Edward PoweR . ---- . Vice President Loan Documentation . f *#(seal) Name: - Lender Its: d' T) im s o e Í/ (Seal) ROÈ£RT M. MINO - Borrower A D (Seal) 4, - Borrower CATHY CI th (Seal) - Borrower (Seal) - Borrower LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform Instrument Form 3179 1/01 (rev. 01/09) CoreLogic Document Services . (Page 4) CoreLogic, Inc. CLDS# FM3179-4 Rev 10-27-10 (Page 6 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 (Space Below This Line forAcknowledgments] BORROWERACKNOWLEDGMENT Stateof NEW YORK ) County of On the day of in theyear before the undersigned,personally appeared RO RT . CIMMINO AND CATHY CIMyrf pO personally known tome or proved to me on the basisof satisfactoryevidence tobe the individual(s)whose name(s) is (are)subscribed tothe within instrument and acknowledged to me thathe/she/they executed the . same inhis/her/their capacity(ies),and thatby his/her/their signature(s)on the instrument, theindividual(s), or theperson upon behalf ofwhich theindividu l(s)acted,executed the instrument. officeof individualt acknowle . ROMCA ROSEMCLMJGHLAr (Signatureand ing g ent) - Siste of New Ybrk Notary Public . NO.01M06222486 LENDER ACKNOWLEDGMENT Richmon Quanfledin ounty My Commission Expires. Stateof at 46O County of On the day of inthe year beforeme, the undersigned, personally appeared (wegt T OW1;/ , the Vic &cs foeuwlocyanadshdwo of a O> yth p.j¬4. , on behalf ofsaid entity,personally known to me (or proved to me on the basisof satisfactoryevidence) tobe the person(/J whose name(4) is/qfesubscribed to the within instrument and acknowledged tome that executed he/sj(e/thpy the same inhis/her/thtfr authorized and capacity(i/s), that by his/h r/thçBf signature(y)on theinstrument, theperson(4, or the entityupon behalf ofwhich the person(p) executed theinstrument. - - - - - - - - - - - acted, SM Naeem Ayub WITNESS my hand and official seal. NOTARY PUBLIC State of Minnesota -a,--My Commtssion Expires 1-31-2014 - - - 2 2.7 _ -_ _ - - - - - ( gnature and officeof individual taking acknowledgment) Prmted Name (Seal) LOAN MODIFICATION AGREEMENT - SingleFamily- FannieMaeUnirorm Instrument Form 31791/0] (rew 01/09) (Page3) CoreLogicDocunnt Serviws NEW YORK Corefogic.Inc. CLDS#NYFM3179-5Rev 10-28-10 (Page 7 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 Date: MARCH 1 2011 Loan Number: Lender: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY Borrower: ROBERT M. CIMMINO AND CATHY CIMMINO PropertyAddress: 84 WOLCOTT AVENUE STATEN ISLAND, NEW YORK 10312 . . NOTICE OF NO ORAL AGREEMENTS THIS WRITTEN LOAN AG REEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR 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 receivedand read a copyof thisNotice on orbefore Agreement" execution of theLoan Agreement. "Loan means one or more promises, promissory notes, agreements, undertakings,securityagreements, deeds of trustorother documents, or commitments, or any combination of those actionsor documents, pursuant towhich a financial institution loansor delays repayment ofor agrees toloan or delay repa ment ofmoney, goods or any otherthingofvalue or tootherwiseextend creditormake accommodation. a financial Borro Date R T M. 61M O Borrowe Date CATHY C1 INO Borrower . Date Borrower Date Borrower Date Borrower Date CoreLogic Document Services Oral Agreements Notice ofNo 02010 CorcLogic, Inc, CLDS# FANDO33 Rev. 12-10-08 (Page 8 of 12) INDEX NO. 135504/2018 FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 Mortgage Schedule Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd for $245,000.00 and interest, dated 10/20/2006 and recorded 11/09/2006 in/as Document Number 161146. Mortgage Tax Paid: $4,992.50 . . (Page 9 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 EXHIBIT A BORROWER(S): ROBERT M. CIMMINO AND CATHY CIMMINO LOAN NUMBER: . . LEGAL DESCRIPTION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF WOLCOTT AVENUE, DISTANT 138.01 FEET EASTERLY OF THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY RECORD LINE OF WOLCOTT AVENUE . AND THE EASTERLY LINE OF DRUMGOOLE ROAD EAST, AS VESTED IN THE 81'46' 40" CITY OF NEW YORK; RUNNING THENCE SOUTH EAST AND ALONG SAID SOUTHERLY SIDE OF WOLCOTT AVENUE 20.00 FEET; THENCE 13'20" SOUTH 08 DEGREES WEST, AND PART OF THE WAY THROUGH A PARTY WALL, 129.75 FEET TO THE NORTHERLY LINE OF GRANTWOOD AVENUE, AS ADOPTED BY THE CITY OF NEW YORK; THENCE NORTH 58 28'00" DEGREES WEST, AND ALONG SAID NORTHERLY LINE OF 13'20" GRANTWOOD AVENUE, 21.77 FEET; THENCE NORTH 08 DEGREES EAST, AND PART OF THE WAY THROUGH A PARTY WALL, 121.14 FEET TO TIIE SOUTHERLY LINE OF WOLCOTT AVENUE AND TIIE POINT OR PLACE OF BEGINNING. APN:056580169 ALSO KNOWN AS: 84 WOLCOTT AVENUE, STATEN ISLAND, NEW ŽORK 10312 CLDS# EXHIBIT.A Rev. 07-03-07 (Page 10 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 AFFIDAVIT UNDER SECTION 255 OF THE NEW YORK STA (MODIFICATION AGREEMENT) .. I, , beingduly sworn, deposes and says; 1. That he/she is theagent for theowner and holder of the hereinafter described mortgage, and is familiar with thefactsset forthherein. 2. A certainmortgage bearing thedate of OCTOBER 20,2006 , in the principalamount of TWO HUNDRED FORTY FIVE THOUSAND AND NO /100 ($ 245,000.00 ) wasmade by ROBERT M. CIMMINO AND CATHY CIMMINO as Mortgagor to WALL STREET MORTGAGE BANKERS, LTD. as originalMortgagee, recorded on NOVEMBER 9, 2006 , inLiber - Page InstrumentNo. 161146 , Mortgage tax paid: 4992.50 , andassigned to recordedon in Liber Page , InstrumentNo. , in theRICHMOND County Clerk's Office,upon which the mortgage tax was duly paidthereon. 3. The instrument offered forrecording herewish is a Modification made by ROBERT M. CIMMINO AND CATHY CIMMINO to WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY effective MARCH 1, 2011 , andto be recorded in theRICHMOND County Clerk's Office. . . CoreLogic Document Services AfEdavit Under Section 255 of the New York State Law CoreLogic. Inc. CLDS# NY255M Rev. 11-22-10 . Page 1of 2 (Page 11 of 12) FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM INDEX NO. 135504/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 - ,. 4. The instrument offered forrecording modifies and does not createor secure any new or further lien, indebtedness or obligationother than theprincipal indebtedness orobligation secured by gr which under any contingency may be securedby the recordedmortgage hereinabove first described with the exceptionof thefollowing amount: · Unpaid principalbalance $ 252,533.11 a) b) New unpaid principalbalance $ 273,902.80 c) b minus a equals $ 21,369.69 d) Additional obligationsecured by mortgage as modified Additionalmortgage recordingtaxof $ is thereforebeing paid on this Modification on thesum set forth in 4c. o That Exemption from furthertax is CLAIMED under Section 255 ofthe Tax Law. WELLSFARGO BANK,N.A,D/B/AAMERICA'S SERVICING C tNY Name: Title: h ÚCR hø N.$icl£A \ mgAbtion Sworn to beforeme this day of , 20 Notary Public,State of L s My commission expires: ( DAVID J. BRUNNER NOTARYPUBLIC-MINNESOTA Jan.31,20t6 Expires Mycommission wƒwww½ANWWWWWwwwwWWWvs CoreLogic Document Services AfTidavit Under Section 255 of the New York StateLaw 2010 Corclogic, Inc. CLDS# NY255M-2 Rev. 10-05-10 Page2 of 2 (Page 12 of 12) INDEX NO. 135504/2018 FILED: RICHMOND COUNTY CLERK 08/03/2022 10:46 AM NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/03/2022 Mortgage Schedule Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd for $245,000.00 and interest, dated 10/20/2006 and recorded 11/09/2006 in/as Document Number 161146. Mortgage Tax Paid: $4,992.50