On April 03, 2007 a
Exhibit,Appendix
was filed
involving a dispute between
1504 Realty Llc,
Arthur Strimling,
Boris Gilzon,
Catherine Shannon,
Georgitsi Realty Llc,
Lisa Segal,
Martin Zoltowski,
Memorial Baptist Church Of Brooklyn,
New Hampshire Insurance Company
A S O 1504 Realty Llc,
Timothy Pietrzak,
and
Abc Inc Corp Llc Lp Partners 3-9,
Abraham Hertzberg,
Armory Heights Llc,
Armory Plaza Inc,
Bricolage Designs,
Diamond Point Excavating Corp
D B A Diamond Point Excavation Point,
Douglas Pulaski,
Henry Radusky,
Immobiliaria Builders Corp,
Jack Locicero,
Jafco Group Inc,
John Jane Does 1-50,
Loernzo Locicero,
Louis Sanchez,
Sanchez Associates Pc,
Wongood Construction Inc,
Xingjian Construction Inc,
for Real Property - Other (Nuisance)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/11/2018 02:29 PM INDEX NO. 45669/2007
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 06/11/2018
FILED: KINGS COUNTY CLERK 06/11/2018 02:29 PM INDEX NO. 45669/2007
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 06/11/2018
l .ulln.
Extension & Modification Agreement - Section 255 Affidavit
Consolidation,
Stateof New York
County of New York
Dominick Fasulo, being duly sworn,deposes and statesthat with
he is familiar thefactsset forth
herein.
(1) Building Loan Mortgage made by Armory Heights, LLC toBuilders Bank intheamount of
$8,000,000.00 dated as of6/29/2006 recorded 7/12/2006 in CRFN 2006000396164 in theKings
County City Register'sOffice. Mortgage tax was duly paidin theamount of $224,000.00.
Said mortgage was modified and extended by Agreement from Armory Heights, LLC to Builders
Bank recorded 11/12/2010 in CRFN 2010000378361 in theKings County City Register'sOffice.
Unpaid principal balance of mortgage 1 is S7,603,284.28.
(2) Mortgage made by Armory Heights, LLC to Berkadia Commercial Mortgage LLC inthe
amount of$896,715.72 dated 9/2/2011 mortgage tax of$25,107.60 tobe paid and intended to be
recorded simultaneously herewith in theKings County City Register'sOffice.
Said mortgage was assigned by Builders Bank toBerkadia Commercial Mortgage LLC by
assignment of mortgage dated 9/1/2011 and intended tobe recorded simultaneously herewith in
the KingsCounty City Register'sOffice.
Mortgages 1& 2 were consolidated toform a singlelien in theamount of $8,500,000.00 by
Consolidation, Extension and Modification Agreement from Armory Heights LLC to Berkadia
Commercial Mortgage LLC dated 9/2/2011 and intended tobe recorded simultaneously herewith
inthe Kings County City Register's
Office.
That the ConsolidationAgreement, as offered forrecording,does not createor secureany further
indebtednessor obligationfortaxation pursuantto Section 577(2) ofArticleXI ofthe Private
Housing Finance Law;
That therehave been no reloansor readvances under theConsolidation Agreement;
Wherefore, your deponent requests
respectfully thatthe Consolidation Agreement tendered
herewith forrecording be declaredexempt from taxation under Section255 ofArticleXI ofthe
Tax Law of theState ofNew York.
Dominick Fasulo
Sworn to beforeme this
2nd day of September, 2011.
.G34
M Y U G ES
Notary Public.e of NewYork
No. 01YO6145862
Oualified in Kinos County
Commission Expires May 15~ WOl~l
Document Filed Date
June 11, 2018
Case Filing Date
April 03, 2007
Category
Real Property - Other (Nuisance)
Status
Stayed-Court Date/Application Pending
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FILED: KINGS COUNTY CLERK 06/11/2018 02:29 PM INDEX NO. 45669/2007 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 06/11/2018 FILED: KINGS COUNTY CLERK 06/11/2018 02:29 PM INDEX NO. 45669/2007 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 06/11/2018 l .ulln. Extension & Modification Agreement - Section 255 Affidavit Consolidation, Stateof New York County of New York Dominick Fasulo, being duly sworn,deposes and statesthat with he is familiar thefactsset forth herein. (1) Building Loan Mortgage made by Armory Heights, LLC toBuilders Bank intheamount of $8,000,000.00 dated as of6/29/2006 recorded 7/12/2006 in CRFN 2006000396164 in theKings County City Register'sOffice. Mortgage tax was duly paidin theamount of $224,000.00. Said mortgage was modified and extended by Agreement from Armory Heights, LLC to Builders Bank recorded 11/12/2010 in CRFN 2010000378361 in theKings County City Register'sOffice. Unpaid principal balance of mortgage 1 is S7,603,284.28. (2) Mortgage made by Armory Heights, LLC to Berkadia Commercial Mortgage LLC inthe amount of$896,715.72 dated 9/2/2011 mortgage tax of$25,107.60 tobe paid and intended to be recorded simultaneously herewith in theKings County City Register'sOffice. Said mortgage was assigned by Builders Bank toBerkadia Commercial Mortgage LLC by assignment of mortgage dated 9/1/2011 and intended tobe recorded simultaneously herewith in the KingsCounty City Register'sOffice. Mortgages 1& 2 were consolidated toform a singlelien in theamount of $8,500,000.00 by Consolidation, Extension and Modification Agreement from Armory Heights LLC to Berkadia Commercial Mortgage LLC dated 9/2/2011 and intended tobe recorded simultaneously herewith inthe Kings County City Register's Office. That the ConsolidationAgreement, as offered forrecording,does not createor secureany further indebtednessor obligationfortaxation pursuantto Section 577(2) ofArticleXI ofthe Private Housing Finance Law; That therehave been no reloansor readvances under theConsolidation Agreement; Wherefore, your deponent requests respectfully thatthe Consolidation Agreement tendered herewith forrecording be declaredexempt from taxation under Section255 ofArticleXI ofthe Tax Law of theState ofNew York. Dominick Fasulo Sworn to beforeme this 2nd day of September, 2011. .G34 M Y U G ES Notary Public.e of NewYork No. 01YO6145862 Oualified in Kinos County Commission Expires May 15~ WOl~l