Preview
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------X
NATIONSTAR MORTGAGE LLC D/B/A AFFIDAVIT IN SUPPORT OF
CHAMPION MORTGAGE COMPANY MOTION FOR SUMMARY
JUDGMENT
Plaintiff,
vs
INDEX #: 601476/2019
MYRTLE RAMSEY, STEPHANIE RAMSEY,
DEMETRIA RAMSEY, ET AL., MORTGAGED PREMISES:
119 GRENADA AVENUE
AKA 119 GRANADA AVENUE
ROOSEVELT, NY 11575
Defendant(s). DSBL #: SECTION 55, BLOCK 479,
LOT 515, 516, 517
----------------- ---------------------------------X
STATE OF TEXAS )
COUNTY OF DENTON 33.
)
Melanie Harris being sworn deposes and says:
duly
1. I am Assistant Secretaryof Nationstar Mortgage LLC D/B/A Champion Mortgage Company and as
such am authorized to execute this affidavit and to make the representations contained herein.
2. In the regular performance of my job functions, I am familiar with business records maintained
by Nationstar Mortgage LLC d/b/a Champion Mortgage Company for the purpose of servicing
mortgage loans. These records (which include data compilations, electronically imaged
documents and others)are made at or near the time by, or from information provided by, persons
with knowledge of the activity and transactions reflected in such records, and are kept in the
course of business activity conducted regularly by Nationstar Mortgage LLC d/b/a Champion
Mortgage Company. It is the regular practice of Nationstar Mortgage LLC d/b/a Champion
Mortgage Company mortgage servicing business to make these records. In connection with
making this affidavit, I have acquired personal knowledge of the matters stated herein by
examining the business records relating to the subject mortgage loan and/or confirm the
information to the best of my knowledge, information and belief.
3. Myrtle Ramsey also executed and delivered a Home Equity Conversion Loan Agreement, more
commonly known as a "Reverse Mortgage Agreement", which required the lender to pay the
sums secured by the Mortgage to the borrower on a periodic basis, instead of in one lump sum at
the time the loan documents were executed. Said Agreement provides that the loan is due upon
non-payment of taxes and/or insurance. The Loan Agreement, together with the Note and
Documents."
Mortgage, are collectively referred to hereinafter as the "Loan A copy of the Loan
Documents are attached hereto as Exhibit "1".
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
4. The Mortgage was assigned to Plaintiffby an Assignment of Mortgage dated July 25, 2012 and
recorded September 11, 2012 at Liber Book: M 37689, Page: 313. A copy of the Assignment of
Mortgage isattached hereto as Exhibit "2".
5. The borrower failed to pay taxes and/or insurance. The Secretary of Housing and Urban
Development approved this occurrence as grounds for acceleration of the debt on or about
January 10, 2017. The default has not been cured. A copy of the HUD Approval Letter isattached
hereto as Exhibit "3".
6. Nationstar Mortgage LLC D/B/A Champion Mortgage Carapañy is in possession of the
Promissory Note. The Promissory Note is duly indorsed to Nationstar Mortgage LLC D/B/A
Champion Mortgage Company. I confirm that Nationstar Mortgage LLC D/B/A Champion
Mortgage Company had possession of the Promissory Note on July 1, 2012 . Iconfirm that
Nationstar Mortgage LLC D/B/A Champion Mortgage Company was in possession of the
Promisspry Note prior to January 31, 2019.
7. The Promissory Note was not in any particular amount, as the amounts advanced under the loan
depend upon the draws the borrower makes on the account. Repayment of the amounts lent under
the terms of the Promissory Note provides that upon non-payment of taxes and/or insurance the
Plaintiff is entitled to callthe entire balance due. A copy of the relevant payment history of the
loan evidencing the default of the borrower isattached hereto as Exhibit "4".
8. I hereby certify and affirm that in compliance with RPAPL § 1304, a 90 day pre-foreclosure
notice ("90 Day Notice") was sent to Myrtle Ramsey, Stephanie Ramsey and Demetria Ramsey
by certified and firstclass mail to the last known address of the Borrower(s) at 119 Granada
Avenue, Roosevelt, NY 11575 and, if different, to the residence that is the subject of the
Mortgage. The 90 Day Notice was mailed on September 18, 2018 and listed at least five (5)
housing counseling agencies. A copy of the 90 Day Notice and the affiliatedcertified mailing
receipt isattached hereto as Exhibit "5".
9. I hereby certify and affirm that Champion Mortgage Company within three business days of
mailing said notice to Defendant, electronically filednotice with the Superintendent of Financial
Services on September 19, 2018 as required by RPAPL § 1306(2) and confirmation number
NYS4755001 was issued. A of the New York State Department of Financial Services 90-
copy
Day Pre-Foreclosure Filings website isattached hereto as Exhibit "6".
10. In accordance with the provisions of the Mortgage, a notice of default was mailed to the
mortgagor(s) at the lastknown address provided to thisinstitution by the mortgagor. The default
stated in said notice was not cured. A copy of the notice of default is attached hereto as Exhibit
"7".
11. As of December 31, 2019, there was due and owing the amount $292,213.00, for advances for
principal, interest, mortgage insurance, monthly servicing fees,closing costs and crigiñation fees
on this reverse mortgage. Business records supporting the above-referenced account data are
attached hereto as Exhibit "8".
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
12. Pursuant to the terms of the Promissory Note, Mortgage and Loan Agreement, loan advances may
continue for interest, mortgage insurance premiums, servicing fees, property charges including,
but not limited to,hazard insurance premiums, grounds rents and special assessments, and for
protection of the property and the Plaintiff'ssecurity interestin the property. Plaintiff requests
that any and all loan advances subsequent to December 31, 2019, not already included in the
Amount Due set forth in Paragraph 11 above, with interestthereon pursuant to the Promissory
Note, together with Plaintiff's costs and disbursements, additional allowances and reamn2hle
attorney's fees, be included in the amount adjudged due the Plaintiff in this action as provided
and secured by the Mortgage.
JÛ(½ (w t(2t|2476
Melanie Harris,AssistantSecretary
(Affiant)
January 21,2020
Date
Title:
Assistant Secretary
Sworn to before me this t 1 day
BLAZE B. RANDAZZO
Of A*W 20 20 Notary Public,Stateof Texas
Comm. Expires03-27-2022
Notary ID 128828367
,
Notary Public
UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Outside of New York State)
STATE OF TEXAS )
COUNTY OF DENTON ) ss:
On the day of Joa,, in the year tcto before me, the undersigned, personally
,
appeared Melanie Harris , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose names is(are) subscribed to the within instrument and
acknowledged to me thathe/she/they executed the same in his/her/theircapacity(ies), 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, and thatsuch individual made such appearance before the undersigned in
the Lewisville,TX (Denton) .(Insert the city orpolitical subdivision and the state or country orother
place the acknowledgment was taken).
(Signature and office of individual taking acknowledgment)
GPS number: 18-006569
BLAZE B. RANDAZZO
Notary Public,Stateof Texas
. Comm. Expires 03-27-2022
Notary ID 128828367
,
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
EXHIBIT 1
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
.
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
HOME EQUITY CONVERSIONLOAN AGREEMENT
CLOSED END
THIS AGREEMENT is made on June 28, 2011 among Myrtle Home Loans, a
Ramsey ("Borrower") and MetLife
Division
of MetLife
Bank, N.A. ("Lender") and the Secretaryof Housing and Urban Deve!=pment ("Secretary").
1 - Definitions
Article
1.1. ExpectedAverage Mortgage InterestRate means the amount on the attached payment
indicated
plan (Exhibit
t).It is a constant
interest rate used to calculate
monthly payments to the Borrower
throughout of the loan.
the life
1.2. LoanAdvances means all funds advanced from
or charged to Borrower's
account under conditions
set forth
in this Loan
Agreement, whetheror not actually
paid to Borrower.
To the extent Borrower
prepays any outstading
balance under the Note, such amounts will
no longer be available
to be advanced
under this Loan
Agreement.
1.3. LoanDocuments means the Note,
Second Note,SecurityInstrument
and Second Security
Instrument.
1.4. Meximum ClaimAmount means the lesser of the appraised value of the Property
as dete=ined by the
appraisal
used in the loan,
underwriting orthe sales price
ofthe property
being purchasedforthe sole
purposeof beingthe principal
residence, or the national
mortgagelimitfor a one family under
residence
of the Federal Home
section 305(a)(2) Loan MortgageCG psridionAct under
(as adjusted where epp!imb!e
section 214 of the National
Housing Act) Closing costs must not be taken into
as of the date of loan closing.
account in dete:Tniñing
appraised value.
1.5. Note means the promissory
note signed by Borrower
together with
this Loan Agiccir.cat
and givento
Lender to evidence
Borrower'spromiseto repay, with
interest, Loan Advances
by Lenderor Lender's
assignees.
1.6. Principal
orPrincipalBalance means the sum of all Loan
Advances made as of a particular
date,
includinginterest and mortgage
insurance prerniums.
1.7 Principal
Limit means the amount indicated on the attached payment plan (Exhibit
l) when this Loan
Agreement is executed, and increases each month for the life of the loan at a rate equal to the sum of the
interest rate charge, plus ano t-te!fth
applicable monthly the annual MIP. The Principal
Limitis calculated by
the Maximum
multiplying Claim Amount by a factor supplied by the Secretary, which fs based on the age of
the youngest Borrower
and the Expected Average Mortgage
Interest Rate.
1.8. Principal
Residencemeans the dwelling
where the Borrowershall maintain
his or her pc-ñ==t
place of abode, and typically of the calendar
spends the majority one
year. A person may have only
principal
residenceat any one time. The Property to be the Principal
shall be considered Residenceof any
Borrower who or permanently
is temporarily in a health care institution
as long as the Property
is the
Principal
Residenceof.at who is not in a health care institution.
least one other Borrower
1.9. Property
means Borrower'sproperty in the Security
identified Instrument.
1.10. Second Note note signed by Becrewer
means the promissory together with
this Loan
Agreement
and givento the Secretary
to evidence
DarrGwer'spromise interest, Loan Advances
to repay, with by the
Secretarysecured by the Second Security
Instrument.
1.11. SecondSecurityInstrument deed of trust,
means the mortgage, security deed or other security
instrumentwhichis signedby Borrowertogether with
this Loan
Agreement and whichsecures the Second
Note.
1.12. Security
Instrument means the iñGrtgage, deed of tmst, deed or other security
security instrument
which is signed by Borrower
togetherwiththis Loan Agreement
and which secures the Note.
Article2 -Loan Advances
- FixedRateHECM- Closed
LoanAgreement End 9/21/2010
Revised
PageI
1902016173 R riTM-Tehm M
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 2.1. General.
Lenderagrees to make Loan Advances
RECEIVED NYSCEF: 02/07/2020
under the conditions
set forth
in this Loan
Agreement in consideration
of the Note and Security given
Instrument by Darroweron the same date as
this Loan Agreement.
2.2. Initial
Advances,
2.2.1.Loan Advances shall
be used byLender to pay, orreimburseBorrower for,
closingcosts
listed
in the Scheduleof ClosingCosts (Exhibit2) attachedtoand made a partof thisLoan
Agreement,except that Loan Advances
willonly fees in an amount
be used to pay origination not to
exceedthe greaterof$2,500.00or 2% of the maximum claim amount ofthe mortgage,up toa
maximum claimamount of $200,000,
plus of the maximum
1% of any portion claimamount that is
greater
than 5200,000 norshallthe Lendercharge theBorrower fee
an origination inexcess of
56,000.00.
2.2.2. Loan Advances
shall be used by Lender in the
to discharge the liens on the Property
listed
Schedule of Liens/HECMfor Purchase Disbursements 2) attached to and made a
to Seller (Exhibit
part of this Loan Agreement.
2.2.3.
Lender shalt pay an initial
Loan Advance to Borrower on the attached
in the amount indicated
payment plan (Exhibit
1).
2.2.4. initial
advancesrequired by this Section 2.2 shall be made as soon assuch advancesare permitted by
the applicable provisions of 12 CFR Part 226 (Truth in Lending) governing Borrower's right of rescission,
but not before that time.
2.3. Set Asides.
2.3.LAmounts set aside from
the Principal
Limitshall be considered Loan Advances
to the extent
disbursed
actually or earned by Lender.
2.3.2. Lender
shall set aside from
initially the Principal
Limitthe amount indicated
on the attached
payment plan (Exhibit
1) for repairs to be made in accordance with attached to and
a Repair Rider
made a part of this Loan Agreement
(Exhibit
3).
2.3.3. Lender
shall initially the Principal
set aside from Limit on the attached
the amount indicated
payment plan (Exhibit
1) to be applied
to paymentsdue for first
year property of
charges consisting
taxes, hazard insurance,
ground rents and assessments.
2.3.4. Lender
shall initially
set aside from
the Principal
Limit on the attached
the amount indicated
payment plan (Exhibit to payment
1) to be applied due for a fixed
monthly charge for servicing
of Lender
activities or its servicer.
Such servicing
activities
are necessary to protect
Lender'sinterest
in the Property. fee set aside, if any, is not available
A servicing to the Borrower
for any purpose,
except to pay for loan servicing.
2.4. Chargesand Fees. Borrowershall pay to Lender charges and fees as
reascinable and customary
permittedunder 24 CFR 206.207(a).
Such amountsshall be considered
Loan Advanceswhen actually
disbursedby Lender.
2.5. MonthlyPayments.
may request Loan Advances
2.5.1. Borrower as MonthlyPayments whereinLoan Advances shall be
paid directly
to Borrowerin equal monthly
payments.
2.5.2. Monthly
payments shall be calculated
for either the term
payment planor the tenure payment
plan, as requested by Borrower.
2.5.3. Monthly
payments under the term payment
plan are made only during
a term chosen by
Borrower so that the sum of(i)
and shall be calculated or (ii)
added to (iii),
(iv),
(v)and (vi)
shall be
at the end of the term:
equal to or less than the Principal
Limit
(i) Initial
Advances under Section
2.2., plus any initial fee set aside under Subsection
servicing
2.3.4., or
Balance at the time of a change in payments
The Principal
(ii) under Sections 2.8. and 2.9. plus any
remainingservicingfee set aside under Subsection and
2.3.4.,
- FixedRnteHECM-ClosedEnd
LoanAgrecrnent Revised
9/2U2010
Page
2
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020
The portion
(iii) of the Principal
Limitset aside as a line of credit
under Section2.7., including
any
set asides for repairs (Subsection
2.3.2.) and first
year property
charges (Subsection and
2.3.3.),
(iv)Allmonthlypaymcñts due throughthe payment funds withheld
term, including for paymentof
propertycharges under Section 2.10., and
(v) All
mortgage insurance premiums,
or monthly in lieu of mortgage
charges due to the Secretary
insurancepremiums,which are due through
the payment
term (Subsection
2.13.), and
(vi)Allinterest through
the paymentterm. The Expected Average
Mortgage Interest
Rate shall be
used for this purpose.
2.5.4. Monthly
payments under the tenure payment
plan shall be calculated 2.5.3.
as in Subsection
as if there were a payment
term with
the numberof months in the term equal to the sum of
100
minus the age of the youngest
Borrowermultipliedby 12, but payments shall continue
untilthe loan
becomes due and payable as provided
in the Loan Documents.
2.S.S. Monthly
payments shall be paid to Borrower
on the first business day of a month.
2.5.6. If Borrower
has requested monthly
payments, payments shall be indicated
on the attached
payment plan (Exhibit
1). The payment
plan may be changed by Barrawcc
as providedin Sections
2.8. and 2.9.
2.6. Line
of CreditwithoutMonthly Payments.
2.6.1. Borrower
may request (i) a single
Loan Advance under a line of credit
payment planto be
paid in a lump sum disbursement
uponsettlement Loan Advances
of the loan or (ii) under a line of
credit
payment plan in amounts and at times determined
by Borrower,if the Principal
Balanceof the
loan after the Loan Advance
is made is less than or equal to the applicable
Principal
Limit,
excludingany portion
of the Principal
Limitset aside under Sections 2.3.2. or 2.3.4. The line of
credit
amount increases at the same rate as the total Principal
Limitunder Section1.7.
2.6.2.
Line of credit
payments shall be paid
to Borrowerwithinfive (5) business days after Lender
has received
a written
request for payment
by Borrower.
2.6.3. Lender
may specifya formforline of credit
payment requests.
shall provide
2.6.4. Lender Darrawer witha statement of the account every
time a line of credit
payment is made. The stet-ent include
shall the current
interest Principal
rate, the previous
Balance,the amountof the current
Loan Advance,the current Principal
Balanceafter the Loan
Advance, and the current
Principal
Limit.
2.7. Line
of Creditwith Monthly Payments.
2.7.LBarrower may receivemonthlypayments under either a term or tenure payment
plan
combined witha line of credit, on the attached payment plan (Exhibit
as indicated 1).
2.7.2. Subsections 2.6.3. and 2.6.4. apply
2.6.2., to a line of credit
combined withterm or tenure
payments.
2.7.3. If Borrower
combines a line of credit
witha term or tenure payrnent plan, the Principal
Limit
is divided
into:
(a) an amountfor the line of credit
payments,includingrepair
and propertycharge
set asides, (b) an amount
for monthly
payments which shall be calculated
under Subsection
2.5.3. or
2.5.4. and (c) an amount
for a servicing
fee set aside, if required
Preview
FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------X NATIONSTAR MORTGAGE LLC D/B/A AFFIDAVIT IN SUPPORT OF CHAMPION MORTGAGE COMPANY MOTION FOR SUMMARY JUDGMENT Plaintiff, vs INDEX #: 601476/2019 MYRTLE RAMSEY, STEPHANIE RAMSEY, DEMETRIA RAMSEY, ET AL., MORTGAGED PREMISES: 119 GRENADA AVENUE AKA 119 GRANADA AVENUE ROOSEVELT, NY 11575 Defendant(s). DSBL #: SECTION 55, BLOCK 479, LOT 515, 516, 517 ----------------- ---------------------------------X STATE OF TEXAS ) COUNTY OF DENTON 33. ) Melanie Harris being sworn deposes and says: duly 1. I am Assistant Secretaryof Nationstar Mortgage LLC D/B/A Champion Mortgage Company and as such am authorized to execute this affidavit and to make the representations contained herein. 2. In the regular performance of my job functions, I am familiar with business records maintained by Nationstar Mortgage LLC d/b/a Champion Mortgage Company for the purpose of servicing mortgage loans. These records (which include data compilations, electronically imaged documents and others)are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Nationstar Mortgage LLC d/b/a Champion Mortgage Company. It is the regular practice of Nationstar Mortgage LLC d/b/a Champion Mortgage Company mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by examining the business records relating to the subject mortgage loan and/or confirm the information to the best of my knowledge, information and belief. 3. Myrtle Ramsey also executed and delivered a Home Equity Conversion Loan Agreement, more commonly known as a "Reverse Mortgage Agreement", which required the lender to pay the sums secured by the Mortgage to the borrower on a periodic basis, instead of in one lump sum at the time the loan documents were executed. Said Agreement provides that the loan is due upon non-payment of taxes and/or insurance. The Loan Agreement, together with the Note and Documents." Mortgage, are collectively referred to hereinafter as the "Loan A copy of the Loan Documents are attached hereto as Exhibit "1". FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 4. The Mortgage was assigned to Plaintiffby an Assignment of Mortgage dated July 25, 2012 and recorded September 11, 2012 at Liber Book: M 37689, Page: 313. A copy of the Assignment of Mortgage isattached hereto as Exhibit "2". 5. The borrower failed to pay taxes and/or insurance. The Secretary of Housing and Urban Development approved this occurrence as grounds for acceleration of the debt on or about January 10, 2017. The default has not been cured. A copy of the HUD Approval Letter isattached hereto as Exhibit "3". 6. Nationstar Mortgage LLC D/B/A Champion Mortgage Carapañy is in possession of the Promissory Note. The Promissory Note is duly indorsed to Nationstar Mortgage LLC D/B/A Champion Mortgage Company. I confirm that Nationstar Mortgage LLC D/B/A Champion Mortgage Company had possession of the Promissory Note on July 1, 2012 . Iconfirm that Nationstar Mortgage LLC D/B/A Champion Mortgage Company was in possession of the Promisspry Note prior to January 31, 2019. 7. The Promissory Note was not in any particular amount, as the amounts advanced under the loan depend upon the draws the borrower makes on the account. Repayment of the amounts lent under the terms of the Promissory Note provides that upon non-payment of taxes and/or insurance the Plaintiff is entitled to callthe entire balance due. A copy of the relevant payment history of the loan evidencing the default of the borrower isattached hereto as Exhibit "4". 8. I hereby certify and affirm that in compliance with RPAPL § 1304, a 90 day pre-foreclosure notice ("90 Day Notice") was sent to Myrtle Ramsey, Stephanie Ramsey and Demetria Ramsey by certified and firstclass mail to the last known address of the Borrower(s) at 119 Granada Avenue, Roosevelt, NY 11575 and, if different, to the residence that is the subject of the Mortgage. The 90 Day Notice was mailed on September 18, 2018 and listed at least five (5) housing counseling agencies. A copy of the 90 Day Notice and the affiliatedcertified mailing receipt isattached hereto as Exhibit "5". 9. I hereby certify and affirm that Champion Mortgage Company within three business days of mailing said notice to Defendant, electronically filednotice with the Superintendent of Financial Services on September 19, 2018 as required by RPAPL § 1306(2) and confirmation number NYS4755001 was issued. A of the New York State Department of Financial Services 90- copy Day Pre-Foreclosure Filings website isattached hereto as Exhibit "6". 10. In accordance with the provisions of the Mortgage, a notice of default was mailed to the mortgagor(s) at the lastknown address provided to thisinstitution by the mortgagor. The default stated in said notice was not cured. A copy of the notice of default is attached hereto as Exhibit "7". 11. As of December 31, 2019, there was due and owing the amount $292,213.00, for advances for principal, interest, mortgage insurance, monthly servicing fees,closing costs and crigiñation fees on this reverse mortgage. Business records supporting the above-referenced account data are attached hereto as Exhibit "8". FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 12. Pursuant to the terms of the Promissory Note, Mortgage and Loan Agreement, loan advances may continue for interest, mortgage insurance premiums, servicing fees, property charges including, but not limited to,hazard insurance premiums, grounds rents and special assessments, and for protection of the property and the Plaintiff'ssecurity interestin the property. Plaintiff requests that any and all loan advances subsequent to December 31, 2019, not already included in the Amount Due set forth in Paragraph 11 above, with interestthereon pursuant to the Promissory Note, together with Plaintiff's costs and disbursements, additional allowances and reamn2hle attorney's fees, be included in the amount adjudged due the Plaintiff in this action as provided and secured by the Mortgage. JÛ(½ (w t(2t|2476 Melanie Harris,AssistantSecretary (Affiant) January 21,2020 Date Title: Assistant Secretary Sworn to before me this t 1 day BLAZE B. RANDAZZO Of A*W 20 20 Notary Public,Stateof Texas Comm. Expires03-27-2022 Notary ID 128828367 , Notary Public UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT (Outside of New York State) STATE OF TEXAS ) COUNTY OF DENTON ) ss: On the day of Joa,, in the year tcto before me, the undersigned, personally , appeared Melanie Harris , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names is(are) subscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/theircapacity(ies), 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, and thatsuch individual made such appearance before the undersigned in the Lewisville,TX (Denton) .(Insert the city orpolitical subdivision and the state or country orother place the acknowledgment was taken). (Signature and office of individual taking acknowledgment) GPS number: 18-006569 BLAZE B. RANDAZZO Notary Public,Stateof Texas . Comm. Expires 03-27-2022 Notary ID 128828367 , FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 EXHIBIT 1 FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 . NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 HOME EQUITY CONVERSIONLOAN AGREEMENT CLOSED END THIS AGREEMENT is made on June 28, 2011 among Myrtle Home Loans, a Ramsey ("Borrower") and MetLife Division of MetLife Bank, N.A. ("Lender") and the Secretaryof Housing and Urban Deve!=pment ("Secretary"). 1 - Definitions Article 1.1. ExpectedAverage Mortgage InterestRate means the amount on the attached payment indicated plan (Exhibit t).It is a constant interest rate used to calculate monthly payments to the Borrower throughout of the loan. the life 1.2. LoanAdvances means all funds advanced from or charged to Borrower's account under conditions set forth in this Loan Agreement, whetheror not actually paid to Borrower. To the extent Borrower prepays any outstading balance under the Note, such amounts will no longer be available to be advanced under this Loan Agreement. 1.3. LoanDocuments means the Note, Second Note,SecurityInstrument and Second Security Instrument. 1.4. Meximum ClaimAmount means the lesser of the appraised value of the Property as dete=ined by the appraisal used in the loan, underwriting orthe sales price ofthe property being purchasedforthe sole purposeof beingthe principal residence, or the national mortgagelimitfor a one family under residence of the Federal Home section 305(a)(2) Loan MortgageCG psridionAct under (as adjusted where epp!imb!e section 214 of the National Housing Act) Closing costs must not be taken into as of the date of loan closing. account in dete:Tniñing appraised value. 1.5. Note means the promissory note signed by Borrower together with this Loan Agiccir.cat and givento Lender to evidence Borrower'spromiseto repay, with interest, Loan Advances by Lenderor Lender's assignees. 1.6. Principal orPrincipalBalance means the sum of all Loan Advances made as of a particular date, includinginterest and mortgage insurance prerniums. 1.7 Principal Limit means the amount indicated on the attached payment plan (Exhibit l) when this Loan Agreement is executed, and increases each month for the life of the loan at a rate equal to the sum of the interest rate charge, plus ano t-te!fth applicable monthly the annual MIP. The Principal Limitis calculated by the Maximum multiplying Claim Amount by a factor supplied by the Secretary, which fs based on the age of the youngest Borrower and the Expected Average Mortgage Interest Rate. 1.8. Principal Residencemeans the dwelling where the Borrowershall maintain his or her pc-ñ==t place of abode, and typically of the calendar spends the majority one year. A person may have only principal residenceat any one time. The Property to be the Principal shall be considered Residenceof any Borrower who or permanently is temporarily in a health care institution as long as the Property is the Principal Residenceof.at who is not in a health care institution. least one other Borrower 1.9. Property means Borrower'sproperty in the Security identified Instrument. 1.10. Second Note note signed by Becrewer means the promissory together with this Loan Agreement and givento the Secretary to evidence DarrGwer'spromise interest, Loan Advances to repay, with by the Secretarysecured by the Second Security Instrument. 1.11. SecondSecurityInstrument deed of trust, means the mortgage, security deed or other security instrumentwhichis signedby Borrowertogether with this Loan Agreement and whichsecures the Second Note. 1.12. Security Instrument means the iñGrtgage, deed of tmst, deed or other security security instrument which is signed by Borrower togetherwiththis Loan Agreement and which secures the Note. Article2 -Loan Advances - FixedRateHECM- Closed LoanAgreement End 9/21/2010 Revised PageI 1902016173 R riTM-Tehm M FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 2.1. General. Lenderagrees to make Loan Advances RECEIVED NYSCEF: 02/07/2020 under the conditions set forth in this Loan Agreement in consideration of the Note and Security given Instrument by Darroweron the same date as this Loan Agreement. 2.2. Initial Advances, 2.2.1.Loan Advances shall be used byLender to pay, orreimburseBorrower for, closingcosts listed in the Scheduleof ClosingCosts (Exhibit2) attachedtoand made a partof thisLoan Agreement,except that Loan Advances willonly fees in an amount be used to pay origination not to exceedthe greaterof$2,500.00or 2% of the maximum claim amount ofthe mortgage,up toa maximum claimamount of $200,000, plus of the maximum 1% of any portion claimamount that is greater than 5200,000 norshallthe Lendercharge theBorrower fee an origination inexcess of 56,000.00. 2.2.2. Loan Advances shall be used by Lender in the to discharge the liens on the Property listed Schedule of Liens/HECMfor Purchase Disbursements 2) attached to and made a to Seller (Exhibit part of this Loan Agreement. 2.2.3. Lender shalt pay an initial Loan Advance to Borrower on the attached in the amount indicated payment plan (Exhibit 1). 2.2.4. initial advancesrequired by this Section 2.2 shall be made as soon assuch advancesare permitted by the applicable provisions of 12 CFR Part 226 (Truth in Lending) governing Borrower's right of rescission, but not before that time. 2.3. Set Asides. 2.3.LAmounts set aside from the Principal Limitshall be considered Loan Advances to the extent disbursed actually or earned by Lender. 2.3.2. Lender shall set aside from initially the Principal Limitthe amount indicated on the attached payment plan (Exhibit 1) for repairs to be made in accordance with attached to and a Repair Rider made a part of this Loan Agreement (Exhibit 3). 2.3.3. Lender shall initially the Principal set aside from Limit on the attached the amount indicated payment plan (Exhibit 1) to be applied to paymentsdue for first year property of charges consisting taxes, hazard insurance, ground rents and assessments. 2.3.4. Lender shall initially set aside from the Principal Limit on the attached the amount indicated payment plan (Exhibit to payment 1) to be applied due for a fixed monthly charge for servicing of Lender activities or its servicer. Such servicing activities are necessary to protect Lender'sinterest in the Property. fee set aside, if any, is not available A servicing to the Borrower for any purpose, except to pay for loan servicing. 2.4. Chargesand Fees. Borrowershall pay to Lender charges and fees as reascinable and customary permittedunder 24 CFR 206.207(a). Such amountsshall be considered Loan Advanceswhen actually disbursedby Lender. 2.5. MonthlyPayments. may request Loan Advances 2.5.1. Borrower as MonthlyPayments whereinLoan Advances shall be paid directly to Borrowerin equal monthly payments. 2.5.2. Monthly payments shall be calculated for either the term payment planor the tenure payment plan, as requested by Borrower. 2.5.3. Monthly payments under the term payment plan are made only during a term chosen by Borrower so that the sum of(i) and shall be calculated or (ii) added to (iii), (iv), (v)and (vi) shall be at the end of the term: equal to or less than the Principal Limit (i) Initial Advances under Section 2.2., plus any initial fee set aside under Subsection servicing 2.3.4., or Balance at the time of a change in payments The Principal (ii) under Sections 2.8. and 2.9. plus any remainingservicingfee set aside under Subsection and 2.3.4., - FixedRnteHECM-ClosedEnd LoanAgrecrnent Revised 9/2U2010 Page 2 FILED: NASSAU COUNTY CLERK 02/07/2020 01:48 PM INDEX NO. 601476/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/07/2020 The portion (iii) of the Principal Limitset aside as a line of credit under Section2.7., including any set asides for repairs (Subsection 2.3.2.) and first year property charges (Subsection and 2.3.3.), (iv)Allmonthlypaymcñts due throughthe payment funds withheld term, including for paymentof propertycharges under Section 2.10., and (v) All mortgage insurance premiums, or monthly in lieu of mortgage charges due to the Secretary insurancepremiums,which are due through the payment term (Subsection 2.13.), and (vi)Allinterest through the paymentterm. The Expected Average Mortgage Interest Rate shall be used for this purpose. 2.5.4. Monthly payments under the tenure payment plan shall be calculated 2.5.3. as in Subsection as if there were a payment term with the numberof months in the term equal to the sum of 100 minus the age of the youngest Borrowermultipliedby 12, but payments shall continue untilthe loan becomes due and payable as provided in the Loan Documents. 2.S.S. Monthly payments shall be paid to Borrower on the first business day of a month. 2.5.6. If Borrower has requested monthly payments, payments shall be indicated on the attached payment plan (Exhibit 1). The payment plan may be changed by Barrawcc as providedin Sections 2.8. and 2.9. 2.6. Line of CreditwithoutMonthly Payments. 2.6.1. Borrower may request (i) a single Loan Advance under a line of credit payment planto be paid in a lump sum disbursement uponsettlement Loan Advances of the loan or (ii) under a line of credit payment plan in amounts and at times determined by Borrower,if the Principal Balanceof the loan after the Loan Advance is made is less than or equal to the applicable Principal Limit, excludingany portion of the Principal Limitset aside under Sections 2.3.2. or 2.3.4. The line of credit amount increases at the same rate as the total Principal Limitunder Section1.7. 2.6.2. Line of credit payments shall be paid to Borrowerwithinfive (5) business days after Lender has received a written request for payment by Borrower. 2.6.3. Lender may specifya formforline of credit payment requests. shall provide 2.6.4. Lender Darrawer witha statement of the account every time a line of credit payment is made. The stet-ent include shall the current interest Principal rate, the previous Balance,the amountof the current Loan Advance,the current Principal Balanceafter the Loan Advance, and the current Principal Limit. 2.7. Line of Creditwith Monthly Payments. 2.7.LBarrower may receivemonthlypayments under either a term or tenure payment plan combined witha line of credit, on the attached payment plan (Exhibit as indicated 1). 2.7.2. Subsections 2.6.3. and 2.6.4. apply 2.6.2., to a line of credit combined withterm or tenure payments. 2.7.3. If Borrower combines a line of credit witha term or tenure payrnent plan, the Principal Limit is divided into: (a) an amountfor the line of credit payments,includingrepair and propertycharge set asides, (b) an amount for monthly payments which shall be calculated under Subsection 2.5.3. or 2.5.4. and (c) an amount for a servicing fee set aside, if required