On March 12, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Nyctl 2017-A Trust,
The Bank Of New York Mellon As Collateral Agent And Custodian For The Nyctl 2017-A Trust,
and
48-17 25Th Avenue Realty Llc,
Flora Co., A Partnership,
Individual Defendants Be Dead, Their Heirs At Law, Next Of Kin, Distributees, Executors, Administrators, Trustees, Committees, Devisees, Legatees, And The Assignees, Lienors,
Creditors And Successors In Interest Of Them, And Generally All Persons Having Or Claiming Under, By, Through, Or Against The Said Defendants Named As A Class, Of Any Right, Title, Or Interest In Or Lien Upon The Premises Described In The Complaint Herein,
John Doe No. 1 Through John Doe No. 100 Inclusive, The Names Of The Last 100 Defendants Being Fictitious, The True Names Of Said Defendants Being Unknown To Plaintiff, It Being Intended To Designate Fee Owners, Tenants Or Occupants Of The Liened Premises
And Or Persons Or Parties Having Or Claiming An Interest In Or A Lien Upon The Liened Premises, If The Aforesaid Individual Defendants Are Living, And If Any Or All Of Said,
New York City Department Of Finance,
New York City Environmental Control Board,
New York State Department Of Taxation And Finance,
for Real Property - Tax Foreclosure
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018
POWER OF ATTORNEY
(" Agreement"
Pursuant to Section 2.01(b) of the Servicing Agreement ("Servicing Agreement"), a copy
of such section being attached hereto, among the NYCTL 2017-A Trust, as Issuer, Tower Capital
Management, LLC, as Servicer, and The Bank of New York Mellon, as Paying Agent and
Collateral Agent and Custodian, dated as of June 1, 2017 concerning certain realproperty tax liens
"Trust"
held by the NYCTL 2017-A Trust (the "Trust"), the Trust and the Collateral Agent and Custodian,
in order for Servicer to fulfillitsduties under Section 2.01(b) of the Servicing Agreement, hereby
constitute and appoint the Servicer their true and lawful attorney-in-fact and agent, to execute,
acknowledge, verify, and deliver in their name, place and stead, any and all documents or
instruments necessary to maintain or enforce any such lien, including, without limitation, the
following documents which may be required in connection with the prosecution of a foreclosure
action:
(i) affidavit of verification of debt, (ii) affidavit in support of default judgment, (iii) affidavit in
support of motion for summary judgment, (iv)affidavit regarding testimony before a referee, (v)
computation of amount due oath, (vi) combined verification, oath and designation regarding the
appointment of an administrator with the surrogate's court, and (vii) such other oaths, affidavits
and/or documents as may be necessary for the prosecution of the foreclosure action.
This Power of Attorney is effective for three (3) years from the date hereof or the earlier of
(i) revocation by the Trust or the Collateral Agent, or (ii)the Attorney shall no longer be retained
on behalf of the Trust or the Collateral Agent.
The authority granted to the attorney-in-fact by the Power of Attorney is not transferable to
any other party or entity.
This Power of Attorney shall be governed by, and construed in accordance with, the laws of the
State of New York without regard to its conflicts of law principles.
OIISUSA:766II49957.4
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018
THE BANK OF NEN MELLON, as Collateral Agent and Custodian
/
By: Date: iiA-'/ 6
Name: E ér%ñtoine
Title: Vice President
STATEOFNEW YORK )
COUNTY O NEW YORK ) SS.:
On this I of Lt..-u~~
v~~ 201 , be r me, the undersigned, a Notary Public in
day
and for said State, personally appeared ~~~
_E—
r6'
A'~,
/~'~, , personally known to me or
proved to me by satisfactory evidence to be the person whose name issubscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity with The
Bank of N w Y rk Mellon, and by his/her signature on the instrument, the individual, or the
person u n alf of which e individual acted, executed the instrument.
Notary P lic
CHRISTOPHER J. TRAINA
NOTARY PUBLIC-STATE OF NEW YORK
No. 01TR6297825
Qualified In Queens County
Certified inNewYork County
My Commission ExpiresMarch 03.
03, 2018
20I8
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018
NYCTL 2017-A TRUST
By: WILMINGTON TRUST COMPANY, not in itsindividual capacity, but solely as Issuer
Trustee on behalf of the Trust
/'
By: ()Ž/// Z7 Date:
Name:
Dorri Costello
Title:
Vice President
STATE OF DELAWARE )
COUNTY OF NEW CASTLE ) SS.:
On this f/# day of _ NSY 2017, before me, the undersigned, a Notary Public in
and for said State, personally appeared Dorri Costello , personally known to me or
proved to me by satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity with
Wilmington Trust Company, and by his/her signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument and that said
subscribing witness made such appearance before the undersigned in the city/town of
W r L.NW StoA/ in the State of Delaware,
~0llflfl0~
Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018 POWER OF ATTORNEY (" Agreement" Pursuant to Section 2.01(b) of the Servicing Agreement ("Servicing Agreement"), a copy of such section being attached hereto, among the NYCTL 2017-A Trust, as Issuer, Tower Capital Management, LLC, as Servicer, and The Bank of New York Mellon, as Paying Agent and Collateral Agent and Custodian, dated as of June 1, 2017 concerning certain realproperty tax liens "Trust" held by the NYCTL 2017-A Trust (the "Trust"), the Trust and the Collateral Agent and Custodian, in order for Servicer to fulfillitsduties under Section 2.01(b) of the Servicing Agreement, hereby constitute and appoint the Servicer their true and lawful attorney-in-fact and agent, to execute, acknowledge, verify, and deliver in their name, place and stead, any and all documents or instruments necessary to maintain or enforce any such lien, including, without limitation, the following documents which may be required in connection with the prosecution of a foreclosure action: (i) affidavit of verification of debt, (ii) affidavit in support of default judgment, (iii) affidavit in support of motion for summary judgment, (iv)affidavit regarding testimony before a referee, (v) computation of amount due oath, (vi) combined verification, oath and designation regarding the appointment of an administrator with the surrogate's court, and (vii) such other oaths, affidavits and/or documents as may be necessary for the prosecution of the foreclosure action. This Power of Attorney is effective for three (3) years from the date hereof or the earlier of (i) revocation by the Trust or the Collateral Agent, or (ii)the Attorney shall no longer be retained on behalf of the Trust or the Collateral Agent. The authority granted to the attorney-in-fact by the Power of Attorney is not transferable to any other party or entity. This Power of Attorney shall be governed by, and construed in accordance with, the laws of the State of New York without regard to its conflicts of law principles. OIISUSA:766II49957.4 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018 THE BANK OF NEN MELLON, as Collateral Agent and Custodian / By: Date: iiA-'/ 6 Name: E ér%ñtoine Title: Vice President STATEOFNEW YORK ) COUNTY O NEW YORK ) SS.: On this I of Lt..-u~~ v~~ 201 , be r me, the undersigned, a Notary Public in day and for said State, personally appeared ~~~ _E— r6' A'~, /~'~, , personally known to me or proved to me by satisfactory evidence to be the person whose name issubscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity with The Bank of N w Y rk Mellon, and by his/her signature on the instrument, the individual, or the person u n alf of which e individual acted, executed the instrument. Notary P lic CHRISTOPHER J. TRAINA NOTARY PUBLIC-STATE OF NEW YORK No. 01TR6297825 Qualified In Queens County Certified inNewYork County My Commission ExpiresMarch 03. 03, 2018 20I8 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2018 NYCTL 2017-A TRUST By: WILMINGTON TRUST COMPANY, not in itsindividual capacity, but solely as Issuer Trustee on behalf of the Trust /' By: ()Ž/// Z7 Date: Name: Dorri Costello Title: Vice President STATE OF DELAWARE ) COUNTY OF NEW CASTLE ) SS.: On this f/# day of _ NSY 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Dorri Costello , personally known to me or proved to me by satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity with Wilmington Trust Company, and by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that said subscribing witness made such appearance before the undersigned in the city/town of W r L.NW StoA/ in the State of Delaware, ~0llflfl0~