Preview
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
Exhibit O
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
--------------- ¬------------------------------------X
U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE-BACKED AFFIDAVIT IN SUPPORT OF
NOTES, SERIES 2017-7, PLAINTIFF'S MOTION FOR
ORDER OF REFERENCE
Plaintiff
-against- Mortgaged Premises:
55 West Lake Road
AMY L. SHERMAN AKA AMY L. WOODEN; Branchport, New York, 14418
CHRISTOPHER S. WOODEN AKA CHRISTOPHE
WOODEN; STERLING JEWELERS INC. DBA KAY Section: 83.57
DOE" DOE"
OUTLET; "JOHN AND "JANE said Block: 1
names being fictitious,itbeing the intention of plaintiff Lot: 30
to designate any and alloccupants of premises being
foreclosed herein,
Defendants
--------------------------------------------------------------------X
STATE OF UTAH )
) ss.
COUNTY OF SALT LAKE )
1. I am an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for
U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-7,
Mortgage-Backed Notes, Series 2017-7, the Plaintiff herein. SPS is the servicer of the subject mortgage
and in such capacity performs mortgage loan services with respect to the mortgage on the Plaintiff's
behalf. As an officer of SPS I am authorized to make this affidavit on behalf of the Plaintiff. I submit
this Affidavit in Support of Plaintiff's motion for an Order for the Appointment of a Referee to compute
the amount due.
2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date
electronic records concerning the loans itservices in itselectronic record-keeping system. I have access
to SPS's business records, including the business records for and relating to the subject loan. I make
this affidavit based upon my review of those records relating to the Borrowers's loan and from my own
personal knowledge of how the records are kept and maintained. The loan records are maintained by
SPS in the course of itsregularly conducted business activities and are made at or near the time of the
event, by or from information transmitted by a person with personal knowledge. It is the regular
practice to keep such records in the ordinary course of a regularly conducted business activity.
3. To the extent that the business records of the loan in this matter were created by a prior
servicer, the prior servicer's records for the loan were incorporated and boarded into SPS's systems,
such that the prior servicer's records concerning the loan are now part of SPS's business records. SPS
conducts quality control and verification of the information received from the prior servicer as part of
the boarding process to ensure the accuracy of the boarded records. It isthe regular practice of SPS to
servicers'
incorporate prior records into SPS's business records, and SPS routinely relies upon the
accuracy of those boarded records in providing its loan servicing functions. These prior servicer
records are integrated and relied upon by SPS as part of SPS's business records.
4. A promissory note dated February 25, 2008 in the amount of $93,447.76 (the "Note")
Firm FileNo.203165-1 NY002.J005
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
was signed by or on behalf of Amy L. Wooden and Christopher S. Wooden ("Borrowers"). A true and
"A."
correct copy of the Note is attached hereto as Exhibit
5. The Note was secured by a mortgage securing certain mortgages on a property located at
55 West Lake Road, Branchport, NY 14418 (the "Mortgage").
6. The loan was modified on April 21, 2016 by a Loan Modification Agreement ("Loss
Mitigation") with a firstmodified payment due on June 1, 2016.
7. The Note and Mortgage, and any Loan Modification Agreements, where applicable, are
Documents."
collectively referred to as the "Loan
8. According to SPS's business records, the Plaintiff, directly or through an agent, has
possession of the Note, which is either made payable to the Plaintiff or has been duly endorsed, and
was in possession of the Note at thetime of the filing of the complaint.
9. Borrowers failed to make the payment that was due February 1, 2018 under the Loan
Documents, as well as all subsequent payments, and the loan remains in default.
10. By reason of the default, due and owing to the Plaintiff is the unpaid principal sum of
$76,154.57 with interest bearing portion thereon at the current rate of 8.000% through August 16, 2021,
together with any and all advances for taxes and insurance, any unpaid pre-acceleration late charges,
and any fees that were incurred to protect the Plaintiff's interest in the property described in the
Mortgage.
11. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and
procedures. SPS's stañdard mailing practices are designed to ensure that items are properly addressed
and mailed. Pursuant to SPS's standard mailing practices, notices of default are posted, addressed, and
delivered to the exclusive care of the United States Postal Service in a postage paid, properly addressed
envelope on the date of the notice. SPS does not upload copies of itsnotices of default into its imaging
system until they are mailed. The notice of default is attached hereto as Exhibit "F". Based upon SPS's
standard mailing practices, as well as my review of the notice(s) of default, I can confirm that the
notice of default dated September 11, 2020 and attached hereto were sent to the following parties by
firstclass mail on that date:
Amy L. Wooden and Christopher S. Wooden
55 W Lake Rd
Branchport, NY 14418
12. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and
procedures. SPS's standard mailing practices are designed to ensure that items are properly addressed
and mailed. Pursuant to SPS's standard mailing practices, ninety (90) day pre-foreclosure notices are
posted, addressed, and delivered to the care of the United States Postal Service in a postage paid,
properly addressed envelope on thedate of the notice. SPS does not upload copies of itsninety (90) day
pre-foreclosure notices to its system until have been mailed. These pre-
imaging they ninety (90) day
foreclosure notices are attached hereto as Exhibit "G". The certified barcode included at the top of
the cover page that is included with the notice indicates that the notice was sent via certified mail
while the absence of such barcode indicates that the notice was sent via first class mail. Based upon
SPS's standard mailing practices, as well as my review of the ninety (90) day pre-foreclosure
notices, I can confirm that the ninety (90) day pre-foreclosure notices dated July 30, 2018 and
anached hereto were sent to the following parties by certified and firstclass mail on that date:
Christopher S Wooden 55 W Lake Rd, Branchport, NY 14418 and Amy L Wooden 55 W Lake Rd
Branchport, NY 14418. .
WHEREFORE, I respectfully request that the within Order of Reference be granted in all
respects.
Firm FileNo.203165-1 NY002.J005
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
respects.
Based on the foregoing, U.S. Bank National Association, as indenture trustee, for the holders of
the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 has t e right to foreclose.
By:
Name: Sherrilyn
Title: Document Control Officer
Select Portfolio Servicing, Inc.
Date:
7f7d
STATE OF UTAH )
) ss.
COUNTY OF SALT LAKE )
Subscribed and sworn to before me on this day of Aw . , inthe year 2021 by
Sherrilyn HefUn PersonallyKnoWQ a Document Control Officer of Select Portfolio
Servicing, Inc., who personally appeared and proved on the basis of satisfactory evidence to be the
person whose name is subscribed to this instrument, and acknowledged that he/she executed the same.
Witness my hand and official seal.
th -
Notary Public
~g MESEPA ALEKl
Notary Public State ofUtah
My Commission Expireson:
February 21,2024
Comm. Number: 710702
NY002.J005
Firm File No.
203165-1
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
CERTIFICATE OF CONFORMITY
STATE OF UTAH )
) ss.
COUNTY OF SALT LAKE )
That the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in
the State of Utah; that he/she is a person duly qualified to make this Certificate of Conformity pursuant
to N.Y. Real Property Law § 299-a; that he/she does hereby certify that the acknowledgment attached
hereto was made in the manner prescribed the laws of the State of Utah and that the form of
by
acknowledgment conforms to the laws of the State of Utah.
IN WITNESS WHEREOF, I have hereunto set my hand this day of t , 2021.
By:
Name: t W
y
Title: a 1ut
NY002.J005
Firm FileNo. 203165-1
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
WORD COUNT CERTIFICATION
Juliana Thibaut, Esq., an attorney admitted to practice in the courts of New York State,
hereby affirms under penalty of perjury that:
I am an associate of the firm of FRIEDMAN VARTOLO LLP the attorneys of record for
the named Plaintiff’s assignee, Wilmington Savings Fund Society, FSB, as Owner Trustee of the
Residential Credit Opportunities Trust VI-A, in the within action.
This computer generated AFFIDAVIT OF MERIT AND AMOUNTS DUE was prepared
using a proportionally spaced typeface. The total number of words, inclusive of caption, point
headings and footnotes, if any, and exclusive of exhibit, word count certification, or any authorized
addendum is 1166.
Dated: September 2, 2021
New York, New York
/s/ Juliana Thibaut, Esq. s
Juliana Thibaut, Esq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
Firm Case No. 170698-3
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
E 3090359 B 7004 P 690-694
RICHARD T. MAUGHAN
DAVIS COUNTL UTAH RECORDER
04/30/2018 12:59 PM
Document drafted by and
FEE 00 PC 5
RECORDING REQUESTED BY:
DEP RTT REC'D FOR SELECT PORTFOLIO
Select Portfolio Servicing, Inc· SERUICING INC
P.O. Box 65250
Salt Lake City, UT 84165-0250
Attn: Legal Dept.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LIMITED POWER OF ATTORNEY
The trusts identified on the attached Schedule A (the "Trusts"), by and through
U.S. Bank National Association, a national banking association organized and existing under
the laws of the United States and having an office at 60 Livingston Avenue, EP-MN-WS3D,
St. Paul, MN 55107, not in its individual capacity but solely as Trustee ("Trustee"), hereby
constitutes and appoints Select Portfolio Servicing, Inc. ("Servicer"), and in its name, aforesaid
Attorney-In-Fact, by and through any officer appointed by the Board of Directors of Servicer, to
execute and acknowledge in writing or by facsimile stamp all documents customarily and
reasonably necessary and appropriate for the tasks described in the items (1) through (12) below;
provided however, that (a) the documents described below may only be executed and delivered
by such Attorneys-In-Fact if such documents are required or permitted under the terms of the
related servicing agreerseñts, (b) all actions taken by Servicer pursuant to this Limited Power of
Attorney must be in accordance with Federal, State and local laws and procedures, as applicable
and (c) no power is granted hereunder to take any action that would be either adverse to the
interests of or be in the name of U.S. Bank National Association in its individual capacity. This
Limited Power of Attorney is being issued in connection with Servicer's responsibilities to
service certain mortgage loans (the "Loans") held by the Trustee. These Loans are secured by
collateral comprised of mortgages, deeds of trast, deeds to secure debt and other forms of
security instruments (collectively the "Security Instruments") encumbering any and all real and
personal property delineated therein (the "Property") and the Notes secured thereby. Please refer
to Schedule A attached hereto.
1. Demand, sue for,recover, collect and receive each and every sum of money, debt, account
and interest (which now is, or hereafter shall become due and payable) belonging to or
claimed by the Trustee, and to use or take any lawful means for recovery by legal process
or otherwise, including but not limited to the substitution of trustee serving under a Deed of
Trust, the preparation and issuance of statements of breach, notices of default, and/or
nodces of sale, accepting deeds in lieu of foreclowe, evicting (to the extent allowed by
federal, state or local laws), foreclosing on the properties under the Security Instruments by
judicial or non-judicial foreclosure, instituting actions for temporary restraining orders,
quiet title, injunctions, appointments of receiver, waste, fraud and any and all other legal
actions, in tort, contract or otherwise, necessary to enforce the terms of the Security
Instrument and to execute such verifications in support thereof, as may be necessary or
advisable in any state or federal suit, banKruptcy action, administrative hearing or other
proceeding.
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
2. Execute and/or filesuch documents and take such other action as is proper and necessary to
defend the Trustee in litigation and to resolve any litigation where the Servicer has an
obligation to defend the Trustee, including but not limited to dismissal, termination,
cancellation, rescission and settlement.
3. Transact business of any kind regarding the Loans, as the Trustee's act and deed, to
contract for, purchase, receive and take possession and evidence of title in and to the
Property and/or to secure payment of a promissory note or performance of any obligation or
agreement relating thereto.
4. Execute, complete, indorse or file bonds, notes, mortgages, deeds of trust and other
contracts, agreements and instruments regarding the borrowers and/or the Property,
including but not limited to the execution of estoppel certificates, financing statements,
continuation statements, releases, satisfactions, reconveyances, assignments, loan
modification agreements, payment plans, waivers, consents, amendments, forbearance
agreements, loan assumption agreements, subõrdiaâtión agreements, property adjustment
agrccments, management agrccmêñts, listing agreements, purchase and sale agreements,
short sale transactions and other instruments pertaining to mortgages or deeds of trust, and
execution of deeds and associated instruments, if any, conveying the Property, in the
interest of the Trustee.
5. Endorse on behalf of the undersigned all checks, drafts and/or other negotiable instruments
made payable to the undersigned.
6, Execute any document or perform any act in connection with the administration of any PMI
policy or LPMI policy, hazard or other insurance claim relative to the Loans or related
Property.
7. Execute any document or perform any act described in items (3), (4), and (5) in connection
with the termination of any Trust as necessary to transfer ownership of the affected Loans
to the entity (or its designee or assignee) possessing the right to obtain ownership of the
Loans.
8. Subordinate the lien of a mortgage, deed of trust, or deed or other security instrument to
secure debt (i) for the purpose of refinancing Loans, where applicable, or (ii) to an
easement in favor of a public utility company or a government agency or unit with powers
of eminent domain, including but not limited to the execution of partial satisfactions and
releases and partial reconveyances reasonably required for such purpose, and the execution
or requests to the trustees to accomplish the same.
9. Convey the Property to the mortgage insurer, or close the titleto the Property to be acquired
as real estate owned, or convey titleto real estate owned property ("REO Property").
10. Execute and deliver any documeñtation with respect to the sale, maintenance, preservation,
renovation, repair, demolition or other disposition, of REO Property acquired through a
foreclosure or deed-in-lieu of foreclosure, including, without limitation: permits,
remediation plans or agreements, certifications, compliance certificates, health and safety
certifications, listing agreements; purchase and sale agreements; grant / limited or special
warranty / quit claim deeds or any other deed, but not general warranty deeds, causing the
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
transfer of titleof the property to a party contracted to purchase same; escrow instructions;
and any and alldocuments necessary to effect the transfer of REO Property.
11. Servicer has the power to execute additional limited powers of attorney and delegate the
authority given to it by U.S. Bank National Association, as Trustee, under the applicable
servicing agreements for the Trusts listed on Schedule A, attached.
12. To execute, record, fileand/or deliver any and all documents of any kind for the purpose of
fulfilling any servicing duties, including but not limited to those listed in subparagraphs (1)
through (11), above, where Trustee's interest is designated, stated, characterized as or
includes any reference to one or more of the following: "Indenture Trustee", "Owner
to"
Trustee", "Successor Trustee", "Successor in Interest", "Successor "Successor by
"Custodian/Trustee"
Merger", "Trustee/Custodian", or other similar designation.
Trustee also grants unto Servicer the full power and aü‡hcrity to correct ambigüities and errors in
documents necessary to effect or undertake any of the items or powers set forth in items (1) to
(12), above.
In addition to the indemnification provisions set forth in the applicable servicing agreements for
the Trusts listed on Schedule A, attached, Servicer hereby agrees to indemnify and hold the
Trustee, and its directors, officers, employees and agents harmless from and against any and all
liabilities,obligations, losses, damages, penalties, actions, judgmeñts, suits,costs, expenses or
disbursements of any kind or nature whatsoever incurred by reason or result of the misuse of this
Limited Power of Attorney by the Servicer. The foregoing indemñity shall survive the
termination of this Limited Power of Attorney and the related servicing agreements or the earlier
resignation or removal of the Trustee for the Trusts listed on Schedule A.
2°d
Witness my hand and seal this day of November, 2017.
NO CORPORATE SEAL On Behalf of the Tmsts, by
U.S. Bank National Association, as Trustee
By:
Witne Jo son S a T. Howe, Vice President
By:
Witness: Hanna Muluneh Deborah J. Franco, Vice cres ent
Attest: J f A. Jones, Trust Officer
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
CORPORATE ACKNOWLEDGMENT
State of Minnesota
County of Ramsey
2nd
On this day Of NOVember, 2017, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Samantha T. Howe, Deborah J. Franco, and Jennifer A.
Jones, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as Vice President, Vice President, and Trust Officer,
respectively of U.S. Bank National Association, a national banking association, and
acknowledged to me that such national banking assóciation executed the within instrument
pursuant to itsby-laws or a resolution of itsBoard of Directors.
WITNESS my hand and official seal.
JENNIE L KUNDE
Signature: /vvLAAa.2/7×
NOTARYPUBUC- MINNESOTA
Jennie Kunde
MyCommission
ExpiresJan.31,2019
My commission expires: 1/31/2019
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021
Schedule A
U.S. Bank National Association, as Indenture Trustee, in connection with the following
agreements, with terms as defined therein:
Amended and Restated Servicing Agreement dated as of October 6, 2017 for CIM Trust 2017-7,
Mcrtgage-Backed Notes, Series 2017-7, among Select Portfolio Servicing, Inc., as Servicer, CIM
Trust 2017-7 as Issuer, and U.S Bank National Association, not in its individüãl capacity but
solely as Indenture Trustee
Preview
FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 Exhibit O FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES --------------- ¬------------------------------------X U.S. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE-BACKED AFFIDAVIT IN SUPPORT OF NOTES, SERIES 2017-7, PLAINTIFF'S MOTION FOR ORDER OF REFERENCE Plaintiff -against- Mortgaged Premises: 55 West Lake Road AMY L. SHERMAN AKA AMY L. WOODEN; Branchport, New York, 14418 CHRISTOPHER S. WOODEN AKA CHRISTOPHE WOODEN; STERLING JEWELERS INC. DBA KAY Section: 83.57 DOE" DOE" OUTLET; "JOHN AND "JANE said Block: 1 names being fictitious,itbeing the intention of plaintiff Lot: 30 to designate any and alloccupants of premises being foreclosed herein, Defendants --------------------------------------------------------------------X STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) 1. I am an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7, the Plaintiff herein. SPS is the servicer of the subject mortgage and in such capacity performs mortgage loan services with respect to the mortgage on the Plaintiff's behalf. As an officer of SPS I am authorized to make this affidavit on behalf of the Plaintiff. I submit this Affidavit in Support of Plaintiff's motion for an Order for the Appointment of a Referee to compute the amount due. 2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic records concerning the loans itservices in itselectronic record-keeping system. I have access to SPS's business records, including the business records for and relating to the subject loan. I make this affidavit based upon my review of those records relating to the Borrowers's loan and from my own personal knowledge of how the records are kept and maintained. The loan records are maintained by SPS in the course of itsregularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with personal knowledge. It is the regular practice to keep such records in the ordinary course of a regularly conducted business activity. 3. To the extent that the business records of the loan in this matter were created by a prior servicer, the prior servicer's records for the loan were incorporated and boarded into SPS's systems, such that the prior servicer's records concerning the loan are now part of SPS's business records. SPS conducts quality control and verification of the information received from the prior servicer as part of the boarding process to ensure the accuracy of the boarded records. It isthe regular practice of SPS to servicers' incorporate prior records into SPS's business records, and SPS routinely relies upon the accuracy of those boarded records in providing its loan servicing functions. These prior servicer records are integrated and relied upon by SPS as part of SPS's business records. 4. A promissory note dated February 25, 2008 in the amount of $93,447.76 (the "Note") Firm FileNo.203165-1 NY002.J005 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 was signed by or on behalf of Amy L. Wooden and Christopher S. Wooden ("Borrowers"). A true and "A." correct copy of the Note is attached hereto as Exhibit 5. The Note was secured by a mortgage securing certain mortgages on a property located at 55 West Lake Road, Branchport, NY 14418 (the "Mortgage"). 6. The loan was modified on April 21, 2016 by a Loan Modification Agreement ("Loss Mitigation") with a firstmodified payment due on June 1, 2016. 7. The Note and Mortgage, and any Loan Modification Agreements, where applicable, are Documents." collectively referred to as the "Loan 8. According to SPS's business records, the Plaintiff, directly or through an agent, has possession of the Note, which is either made payable to the Plaintiff or has been duly endorsed, and was in possession of the Note at thetime of the filing of the complaint. 9. Borrowers failed to make the payment that was due February 1, 2018 under the Loan Documents, as well as all subsequent payments, and the loan remains in default. 10. By reason of the default, due and owing to the Plaintiff is the unpaid principal sum of $76,154.57 with interest bearing portion thereon at the current rate of 8.000% through August 16, 2021, together with any and all advances for taxes and insurance, any unpaid pre-acceleration late charges, and any fees that were incurred to protect the Plaintiff's interest in the property described in the Mortgage. 11. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SPS's stañdard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, notices of default are posted, addressed, and delivered to the exclusive care of the United States Postal Service in a postage paid, properly addressed envelope on the date of the notice. SPS does not upload copies of itsnotices of default into its imaging system until they are mailed. The notice of default is attached hereto as Exhibit "F". Based upon SPS's standard mailing practices, as well as my review of the notice(s) of default, I can confirm that the notice of default dated September 11, 2020 and attached hereto were sent to the following parties by firstclass mail on that date: Amy L. Wooden and Christopher S. Wooden 55 W Lake Rd Branchport, NY 14418 12. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, ninety (90) day pre-foreclosure notices are posted, addressed, and delivered to the care of the United States Postal Service in a postage paid, properly addressed envelope on thedate of the notice. SPS does not upload copies of itsninety (90) day pre-foreclosure notices to its system until have been mailed. These pre- imaging they ninety (90) day foreclosure notices are attached hereto as Exhibit "G". The certified barcode included at the top of the cover page that is included with the notice indicates that the notice was sent via certified mail while the absence of such barcode indicates that the notice was sent via first class mail. Based upon SPS's standard mailing practices, as well as my review of the ninety (90) day pre-foreclosure notices, I can confirm that the ninety (90) day pre-foreclosure notices dated July 30, 2018 and anached hereto were sent to the following parties by certified and firstclass mail on that date: Christopher S Wooden 55 W Lake Rd, Branchport, NY 14418 and Amy L Wooden 55 W Lake Rd Branchport, NY 14418. . WHEREFORE, I respectfully request that the within Order of Reference be granted in all respects. Firm FileNo.203165-1 NY002.J005 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 respects. Based on the foregoing, U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 has t e right to foreclose. By: Name: Sherrilyn Title: Document Control Officer Select Portfolio Servicing, Inc. Date: 7f7d STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) Subscribed and sworn to before me on this day of Aw . , inthe year 2021 by Sherrilyn HefUn PersonallyKnoWQ a Document Control Officer of Select Portfolio Servicing, Inc., who personally appeared and proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same. Witness my hand and official seal. th - Notary Public ~g MESEPA ALEKl Notary Public State ofUtah My Commission Expireson: February 21,2024 Comm. Number: 710702 NY002.J005 Firm File No. 203165-1 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 CERTIFICATE OF CONFORMITY STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) That the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Utah; that he/she is a person duly qualified to make this Certificate of Conformity pursuant to N.Y. Real Property Law § 299-a; that he/she does hereby certify that the acknowledgment attached hereto was made in the manner prescribed the laws of the State of Utah and that the form of by acknowledgment conforms to the laws of the State of Utah. IN WITNESS WHEREOF, I have hereunto set my hand this day of t , 2021. By: Name: t W y Title: a 1ut NY002.J005 Firm FileNo. 203165-1 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 WORD COUNT CERTIFICATION Juliana Thibaut, Esq., an attorney admitted to practice in the courts of New York State, hereby affirms under penalty of perjury that: I am an associate of the firm of FRIEDMAN VARTOLO LLP the attorneys of record for the named Plaintiff’s assignee, Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VI-A, in the within action. This computer generated AFFIDAVIT OF MERIT AND AMOUNTS DUE was prepared using a proportionally spaced typeface. The total number of words, inclusive of caption, point headings and footnotes, if any, and exclusive of exhibit, word count certification, or any authorized addendum is 1166. Dated: September 2, 2021 New York, New York /s/ Juliana Thibaut, Esq. s Juliana Thibaut, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Firm Case No. 170698-3 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 E 3090359 B 7004 P 690-694 RICHARD T. MAUGHAN DAVIS COUNTL UTAH RECORDER 04/30/2018 12:59 PM Document drafted by and FEE 00 PC 5 RECORDING REQUESTED BY: DEP RTT REC'D FOR SELECT PORTFOLIO Select Portfolio Servicing, Inc· SERUICING INC P.O. Box 65250 Salt Lake City, UT 84165-0250 Attn: Legal Dept. SPACE ABOVE THIS LINE FOR RECORDER'S USE LIMITED POWER OF ATTORNEY The trusts identified on the attached Schedule A (the "Trusts"), by and through U.S. Bank National Association, a national banking association organized and existing under the laws of the United States and having an office at 60 Livingston Avenue, EP-MN-WS3D, St. Paul, MN 55107, not in its individual capacity but solely as Trustee ("Trustee"), hereby constitutes and appoints Select Portfolio Servicing, Inc. ("Servicer"), and in its name, aforesaid Attorney-In-Fact, by and through any officer appointed by the Board of Directors of Servicer, to execute and acknowledge in writing or by facsimile stamp all documents customarily and reasonably necessary and appropriate for the tasks described in the items (1) through (12) below; provided however, that (a) the documents described below may only be executed and delivered by such Attorneys-In-Fact if such documents are required or permitted under the terms of the related servicing agreerseñts, (b) all actions taken by Servicer pursuant to this Limited Power of Attorney must be in accordance with Federal, State and local laws and procedures, as applicable and (c) no power is granted hereunder to take any action that would be either adverse to the interests of or be in the name of U.S. Bank National Association in its individual capacity. This Limited Power of Attorney is being issued in connection with Servicer's responsibilities to service certain mortgage loans (the "Loans") held by the Trustee. These Loans are secured by collateral comprised of mortgages, deeds of trast, deeds to secure debt and other forms of security instruments (collectively the "Security Instruments") encumbering any and all real and personal property delineated therein (the "Property") and the Notes secured thereby. Please refer to Schedule A attached hereto. 1. Demand, sue for,recover, collect and receive each and every sum of money, debt, account and interest (which now is, or hereafter shall become due and payable) belonging to or claimed by the Trustee, and to use or take any lawful means for recovery by legal process or otherwise, including but not limited to the substitution of trustee serving under a Deed of Trust, the preparation and issuance of statements of breach, notices of default, and/or nodces of sale, accepting deeds in lieu of foreclowe, evicting (to the extent allowed by federal, state or local laws), foreclosing on the properties under the Security Instruments by judicial or non-judicial foreclosure, instituting actions for temporary restraining orders, quiet title, injunctions, appointments of receiver, waste, fraud and any and all other legal actions, in tort, contract or otherwise, necessary to enforce the terms of the Security Instrument and to execute such verifications in support thereof, as may be necessary or advisable in any state or federal suit, banKruptcy action, administrative hearing or other proceeding. FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 2. Execute and/or filesuch documents and take such other action as is proper and necessary to defend the Trustee in litigation and to resolve any litigation where the Servicer has an obligation to defend the Trustee, including but not limited to dismissal, termination, cancellation, rescission and settlement. 3. Transact business of any kind regarding the Loans, as the Trustee's act and deed, to contract for, purchase, receive and take possession and evidence of title in and to the Property and/or to secure payment of a promissory note or performance of any obligation or agreement relating thereto. 4. Execute, complete, indorse or file bonds, notes, mortgages, deeds of trust and other contracts, agreements and instruments regarding the borrowers and/or the Property, including but not limited to the execution of estoppel certificates, financing statements, continuation statements, releases, satisfactions, reconveyances, assignments, loan modification agreements, payment plans, waivers, consents, amendments, forbearance agreements, loan assumption agreements, subõrdiaâtión agreements, property adjustment agrccments, management agrccmêñts, listing agreements, purchase and sale agreements, short sale transactions and other instruments pertaining to mortgages or deeds of trust, and execution of deeds and associated instruments, if any, conveying the Property, in the interest of the Trustee. 5. Endorse on behalf of the undersigned all checks, drafts and/or other negotiable instruments made payable to the undersigned. 6, Execute any document or perform any act in connection with the administration of any PMI policy or LPMI policy, hazard or other insurance claim relative to the Loans or related Property. 7. Execute any document or perform any act described in items (3), (4), and (5) in connection with the termination of any Trust as necessary to transfer ownership of the affected Loans to the entity (or its designee or assignee) possessing the right to obtain ownership of the Loans. 8. Subordinate the lien of a mortgage, deed of trust, or deed or other security instrument to secure debt (i) for the purpose of refinancing Loans, where applicable, or (ii) to an easement in favor of a public utility company or a government agency or unit with powers of eminent domain, including but not limited to the execution of partial satisfactions and releases and partial reconveyances reasonably required for such purpose, and the execution or requests to the trustees to accomplish the same. 9. Convey the Property to the mortgage insurer, or close the titleto the Property to be acquired as real estate owned, or convey titleto real estate owned property ("REO Property"). 10. Execute and deliver any documeñtation with respect to the sale, maintenance, preservation, renovation, repair, demolition or other disposition, of REO Property acquired through a foreclosure or deed-in-lieu of foreclosure, including, without limitation: permits, remediation plans or agreements, certifications, compliance certificates, health and safety certifications, listing agreements; purchase and sale agreements; grant / limited or special warranty / quit claim deeds or any other deed, but not general warranty deeds, causing the FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 transfer of titleof the property to a party contracted to purchase same; escrow instructions; and any and alldocuments necessary to effect the transfer of REO Property. 11. Servicer has the power to execute additional limited powers of attorney and delegate the authority given to it by U.S. Bank National Association, as Trustee, under the applicable servicing agreements for the Trusts listed on Schedule A, attached. 12. To execute, record, fileand/or deliver any and all documents of any kind for the purpose of fulfilling any servicing duties, including but not limited to those listed in subparagraphs (1) through (11), above, where Trustee's interest is designated, stated, characterized as or includes any reference to one or more of the following: "Indenture Trustee", "Owner to" Trustee", "Successor Trustee", "Successor in Interest", "Successor "Successor by "Custodian/Trustee" Merger", "Trustee/Custodian", or other similar designation. Trustee also grants unto Servicer the full power and aü‡hcrity to correct ambigüities and errors in documents necessary to effect or undertake any of the items or powers set forth in items (1) to (12), above. In addition to the indemnification provisions set forth in the applicable servicing agreements for the Trusts listed on Schedule A, attached, Servicer hereby agrees to indemnify and hold the Trustee, and its directors, officers, employees and agents harmless from and against any and all liabilities,obligations, losses, damages, penalties, actions, judgmeñts, suits,costs, expenses or disbursements of any kind or nature whatsoever incurred by reason or result of the misuse of this Limited Power of Attorney by the Servicer. The foregoing indemñity shall survive the termination of this Limited Power of Attorney and the related servicing agreements or the earlier resignation or removal of the Trustee for the Trusts listed on Schedule A. 2°d Witness my hand and seal this day of November, 2017. NO CORPORATE SEAL On Behalf of the Tmsts, by U.S. Bank National Association, as Trustee By: Witne Jo son S a T. Howe, Vice President By: Witness: Hanna Muluneh Deborah J. Franco, Vice cres ent Attest: J f A. Jones, Trust Officer FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 CORPORATE ACKNOWLEDGMENT State of Minnesota County of Ramsey 2nd On this day Of NOVember, 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Samantha T. Howe, Deborah J. Franco, and Jennifer A. Jones, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President, Vice President, and Trust Officer, respectively of U.S. Bank National Association, a national banking association, and acknowledged to me that such national banking assóciation executed the within instrument pursuant to itsby-laws or a resolution of itsBoard of Directors. WITNESS my hand and official seal. JENNIE L KUNDE Signature: /vvLAAa.2/7× NOTARYPUBUC- MINNESOTA Jennie Kunde MyCommission ExpiresJan.31,2019 My commission expires: 1/31/2019 FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/08/2021 Schedule A U.S. Bank National Association, as Indenture Trustee, in connection with the following agreements, with terms as defined therein: Amended and Restated Servicing Agreement dated as of October 6, 2017 for CIM Trust 2017-7, Mcrtgage-Backed Notes, Series 2017-7, among Select Portfolio Servicing, Inc., as Servicer, CIM Trust 2017-7 as Issuer, and U.S Bank National Association, not in its individüãl capacity but solely as Indenture Trustee