Preview
FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- - - - - - - - - - - - - - - - - - - X
HOF I GRANTOR TRUST 5, Index No. 613956/20
Plaintiff, REFEREE'S OATH
- against -
LEGACY INV. & MANAGEMENT GROUP,
LLC, et al.,
Defendants.
- - - - - - - - - - - - - - - - - - - X
STATE OF NEW YORK )
: ss.:
COUNTY OF NASSAU )
I, JANINE LYNAM, ESQ., Referee appointed by an Order of this
Court made and entered in the above entitled action, dated
12/13/21, to ascertain and compute the amount due to the plaintiff
upon its mortgage note and mortgage herein being foreclosed, and to
otherwise proceed, DO SOLEMNLY SWEAR, that I shall faithfully and
fairly determine the questions so referred to me and make a just
and true report thereon according to the best of my understanding.
JANfNY LYNA ESQ.
REFEREE
Swo e o e s
y o T , 2022
NO Y P L
MARK S. RICCIARDI
Notary State
Public, of New York
Reg. No. 30 4E53465
Qu- E".M in Nassa Cau
Comm ssianSpt,-esJuly10,
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- - - - - - - - - - - - - - - - - - - X
HOF I GRANTOR TRUST 5, Index No. 613956/20
Plaintiff, REFEREE'S REPORT
- against -
LEGACY INV. & MANAGEMENT GROUP,
LLC, et al.,
Defendants.
- - - - - - - - - - - - - - - - - - - X
TO THE SUPREME COURT, NASSAU COUNTY:
Pursuant to an Order of this Court made and entered in the
above entitled action and dated 12/13/21, whereby it was referred
to the undersigned as Referee, to ascertain and compute the amount
due to the plaintiff upon its mortgage note and mortgage herein
being foreclosed, and to otherwise proceed in the matter as in said
order stated,
I, JANINE LYNAM, ESQ., Referee in said Order named, DO REPORT,
that before entering upon the discharge of my duties, I first made
my official oath of office in accordance with the Statute, which
oath duly made and subscribed by me and verified is hereto annexed.
Thereafter, I received the evidence offered in behalf of the
plaintiff, including the affidavit of LUCAS SAMBROOK, Director and
Real Estate Counsel of LOAN FUNDER LLC, the servicing agent for the
plaintiff herein.
I have ascertained and computed the amount due to the
plaintiff upon its mortgage note and mortgage herein being
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foreclosed and I find and acco ingly report the amount to be
lewee-++- f'6
s /é?oZ, /d
I further report that the material facts and circumstances as
set forth in the complaint are true, and that no payments have been
made upon or on account of the mortgage note and mortgage set forth
in this action, since the commencement of this action, and that the
premises affected by said mortgage should be sold as one parcel.
SCHEDULE A, hereto annexed is the affidavit of LUCAS SAMBROOK,
Director and Real Estate Counsel of LOAN FUNDER LLC, the servicing
agent for the plaintiff herein.
SCHEDULE B, hereto annexed is an abstract of the documentary
evidence produced before me.
SCHEDULE C, is also annexed showing the details of the
computation.
All of which is respectfully submitted.
Dated: ()[ , 2022
JA E LŸ , SQ.
REFEREE
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"A"
Schedule
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------__----------------X
HOF I GRANTOR TRUST 5, Index No. 613956/20
Plaintiff,
AFFIDAVIT OF
- against -
FACTS
LEGACY INV. & MANAGEMENT GROUP, LLC et al.,
Defendants.
-----------__--__------__--__-------------X
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
LUCAS SAMBROOK, being duly sworn, deposes and says:
That I am employed as the Director and Real Estate Counsel of
LOAN FONDER LLC, the servicing agent for the plaintiff herein. As
such, I am authorized to execute this Affidavit on behalf of
plaintiff.
This action was brought to foreclose a mortgage made to LOAN
FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT, in the sum of
$240,300.00, dated 12/27/18 and recorded in the Nassau County
Clerk's Office on 01/15/19, in Liber/Reel 43252, Page 476, which
mortgage and the mortgage note which it secures, was then assigned
by said LOAN FUNDER LLC, SERIES 5917 to HOF I GRANTOR TRUST 5, by
an assignment dated 08/18/20, and recorded on 09/01/20 in the
Nassau County Clerk's Office in Liber/Reel 44508, Page 519.
There is now due on account of said mortgage the principal
sum of $75,908.23, with interest thereon at the default rate of
24.00% per annum from 11/27/19, which interest computed to 2/3/2022
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amounts to $105,383.37, making a total due the sum of $181,291.60.
There is also due for Late Charges the sum of $1,224.18 ($64.43
per month for 19 months), and there is due for property inspections
the sum of $1,125.00. Plaintiff advanced for insurance in the sum
of $3,269.55, leaving the net due the plaintiff the sum of
$185,686.15.
That the defendant has failed to comply with the conditions
of said mortgage by omitting to pay the loan in full on its maturity
date of 12/27/19, and same not having been paid, plaintiff has
declared the entire amount due
50' known
The premises involved is x 100', and is as and by
the street number: 572 Clark Place, Uniondale, Hempstead, N.Y.
and should be sold as one parcel.
I have examined all the matters set forth in the complaint in
this action and find same to be true to my knowledge.
LOAN FUNDER LLC, Servicing
Agent for HOF I GRANTOR 5
BY
LUCAS SAMBROOK
Swo n to befor this
da f , 2022
otary Public
Leslie Perski
Notary Public State of New York
No. 01PE5014126
Qualified in Queens County
Commission Expires 7/15/20Ó
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SCHEDULE "B"
A Mortgage Note for $240,300.00 made to LOAN FUNDER LLC, SERIES
5917 by LEGACY INV. & MANAGEMENT, dated 12/27/18, marked Exhibit 1.
A Mortgage for $240,300.00 made to LOAN FUNDER LLC, SERIES 5917 by
LEGACY INV. & MANAGEMENT, dated 12/27/18 and recorded in the County
of Nassau on 01/15/19, in Reel/Liber 43252, Page 476, marked
Exhibit 2.
An assignment made by LOAN FUNDER LLC, SERIES 5917 to HOF I GRANTOR
TRUST 5, dated 08/18/20, and recorded on 09/01/20 in the County of
Nassau, in Reel/Liber 44508, Page 519, marked Exhibit 3.
Dated: , 2022
J NE LYNAM, SQ.
REFEREE
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SCHEDULE "C"
SUMMARY STATEMENT
Principal due on Mortgage note and
mortgage . . . . . . . . . . . . . . . . . . .$ 75,908.23
Interest at the default rate of 24.00% per 'b
annum from 11/27/19 to 2/3/22 . . . . . . . . .$1-0-5-r-3-8-3-,-37
Late Charges ($64.43 x 19) . . . . . . . . . .$ 1,224.18
Due for Inspections . . . . . . . . . . . . . $ 1,125.00
Advanced for Insurance . . . . . . . . . . . .$ 3,269.55
Total due . . . . . . . $3-84.r48.6,-1.5
Dated: February , 2022
J E LYNAM, SQ.
REFEREE
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EXHIBIT 1
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MORTGAGE NOTE
$240,300.00
December 27, 2018
Westbury, New York
FOR VALUE RECEIVED, LEGACY INV. & MANAGEMENT GROUP, LLC, a New
York Limited Liability Company, located at50 Clinton Street, Suite99, Hempstead, NY I 1550
("Maker"),
Promises to pay to LOAN FUNDER LLC, SERIES 5917, a Delaware Limited Liability
Cornpany, or order, at itsoffice at 645 Madison Avenue, 19th Floor, New York, NY 10022
("Lender"), or at such otherplace as may be designated in writing by theholder ofthisNote, the
principal sum of TWO HUNDRED FORTY THOUSAND THREE HUNDRED AND
00/100 DOLLARS (S240,300.00) on December 27, 2019 ("Maturity Date") with interest
thereon, payable in arrears,to be computed fromthe date hereofuntil said principalsum shallbe
fully paid on a dailybasis and on the basisof athree hundred sixty(360) day year and the actual
number of days elapsed..at the rate of Ten Percent (10.00%) per annum. Maker shallpay to
the Lender consecutive monthly installments of interestonly commencing on the date hereoffor
the period from the date hereof through December31, 2018 and thereafterinarrears on February
1, 2019 and on the firstday of each and every month thereafter through and untilthe Maturity
Date. Maker shall direct allmonthly payments to Superior Loan Servicing located at24013
W. Ventura Blyd., Suite 200, Calabasas CA 93302
1. Default Interest Rate: Ifthe principalbalance oftbisNote shallnot be paid at its
maturity,
or on its acceleration pursuant to the provisions hereof or of the Mortgage (as hereinafter
defined), interestthereon shallthereafter be computed and paid at the rateof twenty-four (24%)
percent per annum ("Default Rate") but inno event in excess of themaximum rateallowed by
law to be charged to the Mortgagor.
2. Default: IT IS HEREBY EXPRESSLY AGREED that the said principalsum and all
accrued interest thereon shall become due at the option of the holder of this Note on the
happening ofany defaultor event by which, under theterms ofthe Mottgage, said principalsum
may or shall become due and payable; also, that allof the temas. covenants, conditions and
agreements contained in said Mortgage are bereby made part of thisinstrument
3. Vehlular/ Prepayment: The indebtedness evidenced by this Note may be prepaid in
whole or in partwithout penahy upon not less than five (5)days priorwritten notice to Lender
together with payment to Lender of allaccrued and unpaid interest.Jate charges and other sums
then due and payable under thisNote or the Mortgage.
4 Late Charae: Notwi1hstanding any grace period set forthin theMortgage. Lender may
collect a late charge. no w exceed five cents for each donar of cach installment of principal
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and/or interestor any other sums due under thisNote or the Mortgage which isreceived more
than ten (10) days inarrears from itsdue date,which latecharge shallbe due and payable with
the next payment due under thisNote.
5. Payments Past Maturity. Maker hereby authorizes Lender, at Lender's sole discretion.
to instructLender's servicer or subservicer to continue accepting payments from Maker past
the then original Maturity Date of this Note atthe original terms stated herein and in the
associated Loan Documents. Maker hereby authorizes Leader and itsservicer and subservicer
to cither (i)initiate, and/or continue the initiation of, ACH direct debit transactions from
Maker's bank account supplied to Lender or itsservicer or subservicer, and/or (ii)otherwise
accept monthly payments due and owing on thisNote in the form of paper checks or as
otherwise agreed by and between Maker and Lender's servicer or subservicer. If the then
original Maturity Date of this Note has passed, the continued acceptance of payments by
Lender shall be atthe sole and absolute discretion ofLender, and Lender shallnot be obligated
to accept such payments. Lender reserves the right to cease or discontinue acceptance of any
such payments from Maker at any time and to pursue all of itavailable remedies under this
Note and the associated Loan Documents.
6. Miscellaneous:
(a)Presentment for payment, notice of dishonor, protestand notice of protestare
hereby waived.
(b) Payments received by the Lender pursuant to the tenus of this Note or any
other document or instrument executed and delivered by Maker to the Lender in
connection with Maker's obligations to the Lender hercunder (hereinaftercollectively
referredto as the"Loan Documents") shallbe applied in the following manner. (i)first,
to the payment of all expenses, charges, costs and fees incurred by or payable tothe
Lender and for which Maker isobligated pursuant to the terms of thisNote orthe other
Loan Documents; (ii)second. to the payment of allinterestaccrued hereunder through
and including the date of such payment; and third,
(iii) tothe payrnent of theprincipal
amount of thisNote.
(c) Without limiting any OTher rights that the Lender may have, the Maker
hereby authorizes the Lender from time to time to charge any account of the Maker
with the Lender for interest orprincipal or any other sums coming due under thisNote
or the Mortgage but ifany such charge creates an overdraft insuch account, interest,
principal and/or any such other sum shallbe deemed not tohave been paid to theextent
of such overdraft notwithstanding any internal treatment by the Lender to the
Contrary.
(d) No failureon thepart of the Lender to exejcise, and no delay in exercising
any right o1 remed y hereundel. under the Mortgage or the Lcan documents shall
Opera[C as a wmvCE thCreol) nor Shall any Single Or partialexe_cise by the Lender of
any lightOr remCdy Î1ereundC1, undel the Mortgage 01 the 1.oan Docunlents preclude
any othet01 further CXe]ciSc ChercOf Of the cXerCiSe O any Othel right or icmedy that
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the Lender may have under this Note, the Mortgage, the Loan Documents, or
applicable law or otherwise. The receipt by the Lender of payments of interest or
principal hereunder or any other sums due hereunder or under the Mortgage or the
Loan Documents with knowledge on the part of the Lender ofthe existence ofa default
hereunder or under the Mortgage or theLoan Documents shallnot be deemed a waiver
of such default. Any payment by the Maker or receiptby the Lender of lessthan the
full amount of interest, principal and/or other sums due hereunder or under the
Mortgage or the Loan Documents shall be deemed to be on account ofall such interest,
principal and other sums and shallbe applied against such interest,principal and/or
other sums in suchmanner and orderas the Lender shallchoose in itssoleand absolute
discretion. The rights and remedies provided in thisNote, the Mortgage and the Loan
Documents are cumulative not exclusive and are inaddition toall others thatmay be
provided by other agreements and documents and applicable law.
(e)The Maker hereby further agrees, on demand, to pay, reimburse and satisfy
in fullany and allexpenses that may be paid or incurred by theLender in the collection
of all or any portion of the indebtedness evidenced hereby or the exercise or
enforcement of any one or more ofthe other rights,powers, privileges, and remedies
of the Lender hereunder, under the Mortgage or any other instrument executed and
delivered in connection herewith, irrespective of the manner or success of any such
collection, exercise or enforcement. Any such expenses shall bear interest atthe
Default Rate from the date the same are incurred by the Lender until repaid toitby the
Maker.
(f)The Maker agrees that thisNote shall be construed in accordance.with and
governed by the laws of the State of New York. The Maker father agrees thatin any
action or proceeding brought by the Leader against the Maker in connection with this
Note (i)the Maker and, by itsacceptance hereof,the Lender, shall and do hereby waive
trialby jury, (ii)service of any summons and complaint or other process inany action
or proceeding may be made by registered or certifiedmail directed tothe Maker atits
address hercinabove set forth,the Maker hereby waiving personal servicethereof, and
(iii)within thirty(30) days aftersuch maibng the Maker shallappear oranswer to any
summons and complamt or other pmcess, and should the Maker fail to appear or
answer within said thirty-day penod. the Maker shaU be deemed in default and
judgment may be entered by the Lender against the Maker for theamount as demanded
in any summons or complaint or other process so served.
(g) The Makel hereby waives the right to assert a counterclaim, other than a
mandatory or compulsory counterclaim, in any action or proceeding brought against
it by the Lender arising out of. or in any way connected with. this Note or the
Mortgage.
(b) The terms and pro isions of thisNote are severable and. if any term or
provision shaH be determined to be superseded, illegal. invalid or otherwise
unen forceable in whole or in part puisuant to applicable law by a govcmmental
authority having jurisdiction, such detejmination shall not in any manner impair or
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otherwise affect the validity, legalityor enforceability ofthat term orprovision in any
other jurisdiction or any of the remaining tenns and provisions of this Note in any
jurisdiction.
(i)In the event of a judgment on thisNote, Maker agrees topay to Lender on
demand all reasonable costs and expenses incurred by Lender in satisfying such
judgment, including without limitation, reasonable fees and costs of Lender's counsel;
it being expressly understood thatsuch agreement by Maker to pay allpost-judgment
costs and expenses of Lender isabsolute and unconditional and (i)shallsurvive (and
not merge into) the entry of a judgment for amounts owing hereunder, and (ii)shall
not be limited regardless of whether this Note is secured or unsecured. and regardless
of whether Lender exercises any available rights or remedies against any collateralfor
thisNote.
(j)Ifthe holder of thisNote retains legal counsel to collect on this Note orany
interest thereon or on any other obligation owed by the Maker on the Note, the
Mortgage or the Loan Documents, including but not limited to a foreclosure
proceeding or an action on any guaranty, orto defend the lienof the Mortgage or other
collateral,then in such event the Maker agrees to additionally pay to the holder of this
Note the reasonable fees of the attorney for the Holder hereof which sums shall be
included in any judgment offoreclosure or otherwise, and shallbe inaddition tothe
recovery of costs, disbursements and allowances otherwise recoverable in such action
pursuant to the applicable provisions ofNew York law.
(k) This Note issecured by a first
Mortgage ("Mortgage") made by theMaker to
the Lender of even date herewith, covering property in the County of Nassau, State of
New York and being commonly known as and by street 572 Clark Place,
Uniondale, NY 11553 (Section: 50 Block: 384 Lot: 17, County of Nassau, State of
New York)
(1) Payment of thisNote isguaranteed by NELSON HERNANDEZ, pursuant to
his guaranty of even date herewith.
(m) Upon receipt of an affidavitof an officer of the Lender asto the loss,theft,
destruction, or mutilation of this Note, or any other security document which isnot of
public record, and, in the case of any such loss theft,destruction ormutilation, upon
cancehation of such Note or other securitydocument, Maker will issue.in lieuthereof a
replacement note or other security docurnent in the same principal amount thereof and
otherwise of like tenor.
(n) This Note may not be changed or terminated orally. This Note shan bind the
heus. legal represcmatives, successors and assigns of the Maker and shallinure to the
benefit of theholder hereof and itssuccessorsand assigns.
(0) Cross-Default. Any defa ult undel the terms of any loan agreement.
promissory note, deed of trust.mortgage lease. conditional salc contract or other
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agreement, document or instrument evidencing, governing or securing any
indebtedness owing by Borrower or any Affjliate of Borrower to Lender or any
Affiliate of Lender, shall, atLender's option. constitute a defaultunder thisNote. The
"Affiliate"
following definitions shall apply to this Section: (a) means, with respect to
any Person, any other Person that is directly or indirectly Controlling, Controlled by
"Control"
or under common Control with, such Person; (b) and derivative terms means
the possession, directly or indirectly, and acting either alone or together with others.
of the power or authority todirect or cause the direction of the management, material
policies, material business decisions or the affairs of a Person, whether through the
ownership of equity securities or interests, by contract or other means; and (c)
"Person"
means any natural person, business, corporation, company, and or
association, limited liability company, partnership, limited partnership, limited
liabilitypartnership, joint venture, business enteaprise, trust,government authority or
other legal entity.
BALANCE OF PAGE INTENTIONALLY BLANK
SIGNATURE PAGES TO FOLLOW
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IN WITNESS WHEREOF, Maker has duly executed thisPromissory Note as ofthe day and year
firstabove written.
Maker:
EGACY
INVf
t MANpGEMENT GROUP, LLC
E S N RNANDEZ. Member
STATE OF NEW YORK )
) ss_:
COUNTY OF NASSAU )
On the 27th day of December in the year 2018 before me, the undersigned, personally
appeared NELSON HERNANDEZ, personally known to me or proved to me on the basisof
satisfactory evidence to be the individual whose name issubscribed to the within instrument
and acknowledged to me that he executed the sam.e in his capacity, and thatby his signature
on the instrument, the individual, or the person upon behalf of which the individual actedi.
executed the instrument. ...
Notary PAb
. BE R T J MNN
of NevsYe
Notary PUnlic·Stitc
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NOTE ALLONGE
ALLONGE TO THAT CERTAIN NOTE DATED: December 27, 2018
LOAN NUMBER: 5917
IN THE AM.OUNT OF: $240,300.00
BORROWER NAME: Legacy Inv. & Managernent Group LLC
COLLATERAL ADDRESS: 572 Clark Place, Uniondale, NY 11553
FROM: Loan Funder LLC, Series 5917
TO: HOF I Grantor Trust 5
PAY TO THE ORDER OF HOF 1 Grantor Trust 5, itssuccessors and/or assigns, without
recourse and without representation or warranty of any kind, express or impliga
ON THE 18th DAY OF August, 2020
Loan Funder LLC, Series 5917
Narne: Ainar Shah
Title:Authorized Signatory
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EXHIBIT 2
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**** ****
Electronically Filed Document
InstrumentNumber: 2019-5079
Recorded As: EX-M01 -MORTGAGE
Recorded On: January 15, 2019
Recorded At: 03:20:38 pm ReceiptNumber: 1338029
Number of Pages: 26 ProcessedBy: 001 DMF
Book-VI/Pg: Bk-M Vl-43252 Pg-476
TotalRec Fee(s): 32,963.15
** Examinedand Charged **
as Follows
01 • MORTCACE $ 170.00 EX4locks - Mortgages- $300 S300.00
Tax Amount consid Amt RBs/CS#
Tax-Mart S2493,15 S240300.00 DJ 28592 Basic S1201.50
Local NYCITY S0.00
AdditionalMTA 5 590.90
SpecASST $ 600.75
SpecADDLSONYMA S0.00
Transfer $ 0.00
Tax Charge: S2493.15
Property Information:
Section Block Lot Unit Town Name
......-...- ==.==.... .=_. ......-....
...2.....
50 384 17 HEMPSTEAD
_. . .. -.--- _.__.- _ ..___..._ _m._...._._ ._......_..._
_.... __.. _..____. .. ___...__..
Preview
FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - - - - - - - - - - - - - - - - - - - X HOF I GRANTOR TRUST 5, Index No. 613956/20 Plaintiff, REFEREE'S OATH - against - LEGACY INV. & MANAGEMENT GROUP, LLC, et al., Defendants. - - - - - - - - - - - - - - - - - - - X STATE OF NEW YORK ) : ss.: COUNTY OF NASSAU ) I, JANINE LYNAM, ESQ., Referee appointed by an Order of this Court made and entered in the above entitled action, dated 12/13/21, to ascertain and compute the amount due to the plaintiff upon its mortgage note and mortgage herein being foreclosed, and to otherwise proceed, DO SOLEMNLY SWEAR, that I shall faithfully and fairly determine the questions so referred to me and make a just and true report thereon according to the best of my understanding. JANfNY LYNA ESQ. REFEREE Swo e o e s y o T , 2022 NO Y P L MARK S. RICCIARDI Notary State Public, of New York Reg. No. 30 4E53465 Qu- E".M in Nassa Cau Comm ssianSpt,-esJuly10, 1 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - - - - - - - - - - - - - - - - - - - X HOF I GRANTOR TRUST 5, Index No. 613956/20 Plaintiff, REFEREE'S REPORT - against - LEGACY INV. & MANAGEMENT GROUP, LLC, et al., Defendants. - - - - - - - - - - - - - - - - - - - X TO THE SUPREME COURT, NASSAU COUNTY: Pursuant to an Order of this Court made and entered in the above entitled action and dated 12/13/21, whereby it was referred to the undersigned as Referee, to ascertain and compute the amount due to the plaintiff upon its mortgage note and mortgage herein being foreclosed, and to otherwise proceed in the matter as in said order stated, I, JANINE LYNAM, ESQ., Referee in said Order named, DO REPORT, that before entering upon the discharge of my duties, I first made my official oath of office in accordance with the Statute, which oath duly made and subscribed by me and verified is hereto annexed. Thereafter, I received the evidence offered in behalf of the plaintiff, including the affidavit of LUCAS SAMBROOK, Director and Real Estate Counsel of LOAN FUNDER LLC, the servicing agent for the plaintiff herein. I have ascertained and computed the amount due to the plaintiff upon its mortgage note and mortgage herein being 2 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 foreclosed and I find and acco ingly report the amount to be lewee-++- f'6 s /é?oZ, /d I further report that the material facts and circumstances as set forth in the complaint are true, and that no payments have been made upon or on account of the mortgage note and mortgage set forth in this action, since the commencement of this action, and that the premises affected by said mortgage should be sold as one parcel. SCHEDULE A, hereto annexed is the affidavit of LUCAS SAMBROOK, Director and Real Estate Counsel of LOAN FUNDER LLC, the servicing agent for the plaintiff herein. SCHEDULE B, hereto annexed is an abstract of the documentary evidence produced before me. SCHEDULE C, is also annexed showing the details of the computation. All of which is respectfully submitted. Dated: ()[ , 2022 JA E LŸ , SQ. REFEREE 3 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 "A" Schedule SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------__----------------X HOF I GRANTOR TRUST 5, Index No. 613956/20 Plaintiff, AFFIDAVIT OF - against - FACTS LEGACY INV. & MANAGEMENT GROUP, LLC et al., Defendants. -----------__--__------__--__-------------X STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) LUCAS SAMBROOK, being duly sworn, deposes and says: That I am employed as the Director and Real Estate Counsel of LOAN FONDER LLC, the servicing agent for the plaintiff herein. As such, I am authorized to execute this Affidavit on behalf of plaintiff. This action was brought to foreclose a mortgage made to LOAN FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT, in the sum of $240,300.00, dated 12/27/18 and recorded in the Nassau County Clerk's Office on 01/15/19, in Liber/Reel 43252, Page 476, which mortgage and the mortgage note which it secures, was then assigned by said LOAN FUNDER LLC, SERIES 5917 to HOF I GRANTOR TRUST 5, by an assignment dated 08/18/20, and recorded on 09/01/20 in the Nassau County Clerk's Office in Liber/Reel 44508, Page 519. There is now due on account of said mortgage the principal sum of $75,908.23, with interest thereon at the default rate of 24.00% per annum from 11/27/19, which interest computed to 2/3/2022 4 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 amounts to $105,383.37, making a total due the sum of $181,291.60. There is also due for Late Charges the sum of $1,224.18 ($64.43 per month for 19 months), and there is due for property inspections the sum of $1,125.00. Plaintiff advanced for insurance in the sum of $3,269.55, leaving the net due the plaintiff the sum of $185,686.15. That the defendant has failed to comply with the conditions of said mortgage by omitting to pay the loan in full on its maturity date of 12/27/19, and same not having been paid, plaintiff has declared the entire amount due 50' known The premises involved is x 100', and is as and by the street number: 572 Clark Place, Uniondale, Hempstead, N.Y. and should be sold as one parcel. I have examined all the matters set forth in the complaint in this action and find same to be true to my knowledge. LOAN FUNDER LLC, Servicing Agent for HOF I GRANTOR 5 BY LUCAS SAMBROOK Swo n to befor this da f , 2022 otary Public Leslie Perski Notary Public State of New York No. 01PE5014126 Qualified in Queens County Commission Expires 7/15/20Ó 5 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 SCHEDULE "B" A Mortgage Note for $240,300.00 made to LOAN FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT, dated 12/27/18, marked Exhibit 1. A Mortgage for $240,300.00 made to LOAN FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT, dated 12/27/18 and recorded in the County of Nassau on 01/15/19, in Reel/Liber 43252, Page 476, marked Exhibit 2. An assignment made by LOAN FUNDER LLC, SERIES 5917 to HOF I GRANTOR TRUST 5, dated 08/18/20, and recorded on 09/01/20 in the County of Nassau, in Reel/Liber 44508, Page 519, marked Exhibit 3. Dated: , 2022 J NE LYNAM, SQ. REFEREE 6 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 SCHEDULE "C" SUMMARY STATEMENT Principal due on Mortgage note and mortgage . . . . . . . . . . . . . . . . . . .$ 75,908.23 Interest at the default rate of 24.00% per 'b annum from 11/27/19 to 2/3/22 . . . . . . . . .$1-0-5-r-3-8-3-,-37 Late Charges ($64.43 x 19) . . . . . . . . . .$ 1,224.18 Due for Inspections . . . . . . . . . . . . . $ 1,125.00 Advanced for Insurance . . . . . . . . . . . .$ 3,269.55 Total due . . . . . . . $3-84.r48.6,-1.5 Dated: February , 2022 J E LYNAM, SQ. REFEREE 7 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 EXHIBIT 1 8 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 MORTGAGE NOTE $240,300.00 December 27, 2018 Westbury, New York FOR VALUE RECEIVED, LEGACY INV. & MANAGEMENT GROUP, LLC, a New York Limited Liability Company, located at50 Clinton Street, Suite99, Hempstead, NY I 1550 ("Maker"), Promises to pay to LOAN FUNDER LLC, SERIES 5917, a Delaware Limited Liability Cornpany, or order, at itsoffice at 645 Madison Avenue, 19th Floor, New York, NY 10022 ("Lender"), or at such otherplace as may be designated in writing by theholder ofthisNote, the principal sum of TWO HUNDRED FORTY THOUSAND THREE HUNDRED AND 00/100 DOLLARS (S240,300.00) on December 27, 2019 ("Maturity Date") with interest thereon, payable in arrears,to be computed fromthe date hereofuntil said principalsum shallbe fully paid on a dailybasis and on the basisof athree hundred sixty(360) day year and the actual number of days elapsed..at the rate of Ten Percent (10.00%) per annum. Maker shallpay to the Lender consecutive monthly installments of interestonly commencing on the date hereoffor the period from the date hereof through December31, 2018 and thereafterinarrears on February 1, 2019 and on the firstday of each and every month thereafter through and untilthe Maturity Date. Maker shall direct allmonthly payments to Superior Loan Servicing located at24013 W. Ventura Blyd., Suite 200, Calabasas CA 93302 1. Default Interest Rate: Ifthe principalbalance oftbisNote shallnot be paid at its maturity, or on its acceleration pursuant to the provisions hereof or of the Mortgage (as hereinafter defined), interestthereon shallthereafter be computed and paid at the rateof twenty-four (24%) percent per annum ("Default Rate") but inno event in excess of themaximum rateallowed by law to be charged to the Mortgagor. 2. Default: IT IS HEREBY EXPRESSLY AGREED that the said principalsum and all accrued interest thereon shall become due at the option of the holder of this Note on the happening ofany defaultor event by which, under theterms ofthe Mottgage, said principalsum may or shall become due and payable; also, that allof the temas. covenants, conditions and agreements contained in said Mortgage are bereby made part of thisinstrument 3. Vehlular/ Prepayment: The indebtedness evidenced by this Note may be prepaid in whole or in partwithout penahy upon not less than five (5)days priorwritten notice to Lender together with payment to Lender of allaccrued and unpaid interest.Jate charges and other sums then due and payable under thisNote or the Mortgage. 4 Late Charae: Notwi1hstanding any grace period set forthin theMortgage. Lender may collect a late charge. no w exceed five cents for each donar of cach installment of principal 9 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 and/or interestor any other sums due under thisNote or the Mortgage which isreceived more than ten (10) days inarrears from itsdue date,which latecharge shallbe due and payable with the next payment due under thisNote. 5. Payments Past Maturity. Maker hereby authorizes Lender, at Lender's sole discretion. to instructLender's servicer or subservicer to continue accepting payments from Maker past the then original Maturity Date of this Note atthe original terms stated herein and in the associated Loan Documents. Maker hereby authorizes Leader and itsservicer and subservicer to cither (i)initiate, and/or continue the initiation of, ACH direct debit transactions from Maker's bank account supplied to Lender or itsservicer or subservicer, and/or (ii)otherwise accept monthly payments due and owing on thisNote in the form of paper checks or as otherwise agreed by and between Maker and Lender's servicer or subservicer. If the then original Maturity Date of this Note has passed, the continued acceptance of payments by Lender shall be atthe sole and absolute discretion ofLender, and Lender shallnot be obligated to accept such payments. Lender reserves the right to cease or discontinue acceptance of any such payments from Maker at any time and to pursue all of itavailable remedies under this Note and the associated Loan Documents. 6. Miscellaneous: (a)Presentment for payment, notice of dishonor, protestand notice of protestare hereby waived. (b) Payments received by the Lender pursuant to the tenus of this Note or any other document or instrument executed and delivered by Maker to the Lender in connection with Maker's obligations to the Lender hercunder (hereinaftercollectively referredto as the"Loan Documents") shallbe applied in the following manner. (i)first, to the payment of all expenses, charges, costs and fees incurred by or payable tothe Lender and for which Maker isobligated pursuant to the terms of thisNote orthe other Loan Documents; (ii)second. to the payment of allinterestaccrued hereunder through and including the date of such payment; and third, (iii) tothe payrnent of theprincipal amount of thisNote. (c) Without limiting any OTher rights that the Lender may have, the Maker hereby authorizes the Lender from time to time to charge any account of the Maker with the Lender for interest orprincipal or any other sums coming due under thisNote or the Mortgage but ifany such charge creates an overdraft insuch account, interest, principal and/or any such other sum shallbe deemed not tohave been paid to theextent of such overdraft notwithstanding any internal treatment by the Lender to the Contrary. (d) No failureon thepart of the Lender to exejcise, and no delay in exercising any right o1 remed y hereundel. under the Mortgage or the Lcan documents shall Opera[C as a wmvCE thCreol) nor Shall any Single Or partialexe_cise by the Lender of any lightOr remCdy Î1ereundC1, undel the Mortgage 01 the 1.oan Docunlents preclude any othet01 further CXe]ciSc ChercOf Of the cXerCiSe O any Othel right or icmedy that 10 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 the Lender may have under this Note, the Mortgage, the Loan Documents, or applicable law or otherwise. The receipt by the Lender of payments of interest or principal hereunder or any other sums due hereunder or under the Mortgage or the Loan Documents with knowledge on the part of the Lender ofthe existence ofa default hereunder or under the Mortgage or theLoan Documents shallnot be deemed a waiver of such default. Any payment by the Maker or receiptby the Lender of lessthan the full amount of interest, principal and/or other sums due hereunder or under the Mortgage or the Loan Documents shall be deemed to be on account ofall such interest, principal and other sums and shallbe applied against such interest,principal and/or other sums in suchmanner and orderas the Lender shallchoose in itssoleand absolute discretion. The rights and remedies provided in thisNote, the Mortgage and the Loan Documents are cumulative not exclusive and are inaddition toall others thatmay be provided by other agreements and documents and applicable law. (e)The Maker hereby further agrees, on demand, to pay, reimburse and satisfy in fullany and allexpenses that may be paid or incurred by theLender in the collection of all or any portion of the indebtedness evidenced hereby or the exercise or enforcement of any one or more ofthe other rights,powers, privileges, and remedies of the Lender hereunder, under the Mortgage or any other instrument executed and delivered in connection herewith, irrespective of the manner or success of any such collection, exercise or enforcement. Any such expenses shall bear interest atthe Default Rate from the date the same are incurred by the Lender until repaid toitby the Maker. (f)The Maker agrees that thisNote shall be construed in accordance.with and governed by the laws of the State of New York. The Maker father agrees thatin any action or proceeding brought by the Leader against the Maker in connection with this Note (i)the Maker and, by itsacceptance hereof,the Lender, shall and do hereby waive trialby jury, (ii)service of any summons and complaint or other process inany action or proceeding may be made by registered or certifiedmail directed tothe Maker atits address hercinabove set forth,the Maker hereby waiving personal servicethereof, and (iii)within thirty(30) days aftersuch maibng the Maker shallappear oranswer to any summons and complamt or other pmcess, and should the Maker fail to appear or answer within said thirty-day penod. the Maker shaU be deemed in default and judgment may be entered by the Lender against the Maker for theamount as demanded in any summons or complaint or other process so served. (g) The Makel hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by the Lender arising out of. or in any way connected with. this Note or the Mortgage. (b) The terms and pro isions of thisNote are severable and. if any term or provision shaH be determined to be superseded, illegal. invalid or otherwise unen forceable in whole or in part puisuant to applicable law by a govcmmental authority having jurisdiction, such detejmination shall not in any manner impair or 11 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 otherwise affect the validity, legalityor enforceability ofthat term orprovision in any other jurisdiction or any of the remaining tenns and provisions of this Note in any jurisdiction. (i)In the event of a judgment on thisNote, Maker agrees topay to Lender on demand all reasonable costs and expenses incurred by Lender in satisfying such judgment, including without limitation, reasonable fees and costs of Lender's counsel; it being expressly understood thatsuch agreement by Maker to pay allpost-judgment costs and expenses of Lender isabsolute and unconditional and (i)shallsurvive (and not merge into) the entry of a judgment for amounts owing hereunder, and (ii)shall not be limited regardless of whether this Note is secured or unsecured. and regardless of whether Lender exercises any available rights or remedies against any collateralfor thisNote. (j)Ifthe holder of thisNote retains legal counsel to collect on this Note orany interest thereon or on any other obligation owed by the Maker on the Note, the Mortgage or the Loan Documents, including but not limited to a foreclosure proceeding or an action on any guaranty, orto defend the lienof the Mortgage or other collateral,then in such event the Maker agrees to additionally pay to the holder of this Note the reasonable fees of the attorney for the Holder hereof which sums shall be included in any judgment offoreclosure or otherwise, and shallbe inaddition tothe recovery of costs, disbursements and allowances otherwise recoverable in such action pursuant to the applicable provisions ofNew York law. (k) This Note issecured by a first Mortgage ("Mortgage") made by theMaker to the Lender of even date herewith, covering property in the County of Nassau, State of New York and being commonly known as and by street 572 Clark Place, Uniondale, NY 11553 (Section: 50 Block: 384 Lot: 17, County of Nassau, State of New York) (1) Payment of thisNote isguaranteed by NELSON HERNANDEZ, pursuant to his guaranty of even date herewith. (m) Upon receipt of an affidavitof an officer of the Lender asto the loss,theft, destruction, or mutilation of this Note, or any other security document which isnot of public record, and, in the case of any such loss theft,destruction ormutilation, upon cancehation of such Note or other securitydocument, Maker will issue.in lieuthereof a replacement note or other security docurnent in the same principal amount thereof and otherwise of like tenor. (n) This Note may not be changed or terminated orally. This Note shan bind the heus. legal represcmatives, successors and assigns of the Maker and shallinure to the benefit of theholder hereof and itssuccessorsand assigns. (0) Cross-Default. Any defa ult undel the terms of any loan agreement. promissory note, deed of trust.mortgage lease. conditional salc contract or other 12 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 agreement, document or instrument evidencing, governing or securing any indebtedness owing by Borrower or any Affjliate of Borrower to Lender or any Affiliate of Lender, shall, atLender's option. constitute a defaultunder thisNote. The "Affiliate" following definitions shall apply to this Section: (a) means, with respect to any Person, any other Person that is directly or indirectly Controlling, Controlled by "Control" or under common Control with, such Person; (b) and derivative terms means the possession, directly or indirectly, and acting either alone or together with others. of the power or authority todirect or cause the direction of the management, material policies, material business decisions or the affairs of a Person, whether through the ownership of equity securities or interests, by contract or other means; and (c) "Person" means any natural person, business, corporation, company, and or association, limited liability company, partnership, limited partnership, limited liabilitypartnership, joint venture, business enteaprise, trust,government authority or other legal entity. BALANCE OF PAGE INTENTIONALLY BLANK SIGNATURE PAGES TO FOLLOW 13 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 IN WITNESS WHEREOF, Maker has duly executed thisPromissory Note as ofthe day and year firstabove written. Maker: EGACY INVf t MANpGEMENT GROUP, LLC E S N RNANDEZ. Member STATE OF NEW YORK ) ) ss_: COUNTY OF NASSAU ) On the 27th day of December in the year 2018 before me, the undersigned, personally appeared NELSON HERNANDEZ, personally known to me or proved to me on the basisof satisfactory evidence to be the individual whose name issubscribed to the within instrument and acknowledged to me that he executed the sam.e in his capacity, and thatby his signature on the instrument, the individual, or the person upon behalf of which the individual actedi. executed the instrument. ... Notary PAb . BE R T J MNN of NevsYe Notary PUnlic·Stitc 14 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 NOTE ALLONGE ALLONGE TO THAT CERTAIN NOTE DATED: December 27, 2018 LOAN NUMBER: 5917 IN THE AM.OUNT OF: $240,300.00 BORROWER NAME: Legacy Inv. & Managernent Group LLC COLLATERAL ADDRESS: 572 Clark Place, Uniondale, NY 11553 FROM: Loan Funder LLC, Series 5917 TO: HOF I Grantor Trust 5 PAY TO THE ORDER OF HOF 1 Grantor Trust 5, itssuccessors and/or assigns, without recourse and without representation or warranty of any kind, express or impliga ON THE 18th DAY OF August, 2020 Loan Funder LLC, Series 5917 Narne: Ainar Shah Title:Authorized Signatory 15 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 EXHIBIT 2 16 of 50 FILED: NASSAU COUNTY CLERK 03/03/2022 04:47 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/03/2022 **** **** Electronically Filed Document InstrumentNumber: 2019-5079 Recorded As: EX-M01 -MORTGAGE Recorded On: January 15, 2019 Recorded At: 03:20:38 pm ReceiptNumber: 1338029 Number of Pages: 26 ProcessedBy: 001 DMF Book-VI/Pg: Bk-M Vl-43252 Pg-476 TotalRec Fee(s): 32,963.15 ** Examinedand Charged ** as Follows 01 • MORTCACE $ 170.00 EX4locks - Mortgages- $300 S300.00 Tax Amount consid Amt RBs/CS# Tax-Mart S2493,15 S240300.00 DJ 28592 Basic S1201.50 Local NYCITY S0.00 AdditionalMTA 5 590.90 SpecASST $ 600.75 SpecADDLSONYMA S0.00 Transfer $ 0.00 Tax Charge: S2493.15 Property Information: Section Block Lot Unit Town Name ......-...- ==.==.... .=_. ......-.... ...2..... 50 384 17 HEMPSTEAD _. . .. -.--- _.__.- _ ..___..._ _m._...._._ ._......_..._ _.... __.. _..____. .. ___...__..