Preview
FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022
Exhibit R
FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
__________________________________________________________________Ç
U.S. BANK NATIONAL ASSOCIATION, AS Index No. EC2020-32009
INDENTURE TRUSTEE ON BEHALF OF AND
WITH RESPECT TO AJAX MORTGAGE LOAN AFFIDAVIT IN SUPPORT OF
TRUST 2018-B, MORTGAGE-BACKED NOTES, ORDER OF REFERENCE
Plaintiff Mortgaged Premises:
-against- 29 East La Claire Street
Hudson Falls, New York, 12839
THERESA A. BAURLE A/K/A THERESA BAURLE;
DONALD E. BAURLE, JR.; LVNV FUNDING LLC; Section: 154.6
DOE" DOE"
"JOHN and "JANE said names being Block: 4
fictitious, itbeing the intention of plaintiff to designate Lot: 48
any and alloccupants of the premises being foreclosed
herein,
Defendants
__________________________________________________________________Ç
Oregon
STATE OF
) ss.
Washington
COUNTY OF
NAOMI HERNANDEZ , being duly sworn, deposes and says:
Litigation Specialist ,,
1. I am a
as attorney-in-fact for the named Plaintiff's AJAX Mortgage Loan Trust Mortgage-
assignee, 2021-C,
Backed Securities, Series 2021-C, by U.S. Bank National Association, as Indenture Trustee (hereinafter
"AJAX 2021-C"). In that capacity, I am responsible for the maintenance and review of internal
foreclosure and loan specific documents maintained by GF on behalf of AJAX 2021-C and am
authorized to sign this affidavit on AJAX 2021-C's behalf. A copy of a Limited Power of Attorney
authorizing GF to act on behalf of AJAX 2021-C is annexed hereto.
2. GF maintains business records for the subject loan on behalf of AJAX 2021-C and I am
familiar with AJAX 2021-C's record-keeping practices. As part of my job responsibilities for GF, I am
personally familiar with the type of records maintained by GF on behalf of the AJAX 2021-C. The
information contained in this affidavit is taken from GF's business records, including the loan
transaction history. I have personal knowledge of GF's procedures for creating and maintaining these
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records. Such business records are: (a) made at or near the time of the occurrence of the matters set
forth therein by persons with personal knowledge of the information in the business record, or from
information transmitted by persons with personal knowledge; (b) are kept in the course of GF's regular
conducted business activities; and (c) it is the regular practice of GF to make such records. These
records include data compilations (including the date certain original documents such as original
promissory notes and allonges were received), electronic images of documents, and a wide array of
supplementary documentation. The business records, such as transaction and payment histories, that
were created by prior holders and/or servicers of the loan, including, but not limited to, the named
AJAX 2021-C that commenced the foreclosure action, have been integrated into GF's business records
and are kept and relied upon as a regular business practice and in the ordinary course of business
conducted by GF. I have personal knowledge of these procedures for integrating prior servicer records.
3. I submit this affidavit in support of AJAX 2021-C's motion for, inter alia, an Order of
Reference based upon my own personal knowledge of how GF's business records are kept and
maintained by GF on behalf of the AJAX 2021-C in the course of itsregularly conducted business
activities, and based upon personal knowledge that I have acquired by personally reviewing the specific
business records as they relate to the loan of Donald E. Baurle, Jr. and Theresa A. Baurie (hereinafter
"Borrowers").
4. According to the business records I have reviewed, on November 18, 2006, the
Borrowers being indebted to Homebridge Mortgage Bankers Corp. d/b/a Refinance.com, a New York
Corporation, in the sum of $144,600.00, executed a note to secure that sum with a fixed interest rate of
6.500% per annum, payable in successive monthly installments of $913.97 on the first day of each
month commencing January 1, 2007 and the final payment to be made December 1, 2036 (hereinafter
"Note"). Subsequent to execution of the Note, Homebridge Mortgage Bankers Corp. d/b/a
Refinance.com transferred the Note, by endorsement, to the order of Countrywide Bank, N.A.
Thereafter, Countrywide Bank, N.A. transferred the Note, by endorsement, to the order of Countrywide
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Home Loans Inc. Thereafter, Countrywide Home Loans Inc. transferred the Note, by endorsement, to
the order of Countrywide Home Loans Servicing LP. Thereafter, Countrywide Home Loans Servicing
LP transferred the Note, by endorsement, to the order of Secretary of Housing and Urban Development.
Thereafter, Secretary of Housing and Urban Development by RBS Financial Products Inc., its
Attorney-in-Fact by RMS Asset Management, LLC, its Attorney-in-Fact transferred the Note, by
allonge, which is firmly affixed to the Note, to the order of RBS Financial Products Inc. Thereafter,
RBS Financial Products Inc. by RMS Asset Management, LLC, its Attorney-in-Fact transferred the
Note, by allonge, which is firmly affixed to the Note, to the order of NRZ Pass-Through Trust I, U.S.
Bank, National Association, as Trustee. Thereafter, NRZ Pass-Through Trust I, U.S. Bank National
Association as Trustee by Rushmore Loan Management Services LLC, itsappointed Attorney in Fact
transferred the Note, by allonge, which is firmly affixed to the Note, to the order of NRZ Mortgage
Holdings LLC. Thereafter, NRZ Mortgage Holdings LLC transferred the Note, by allonge, which is
firmly affixed to the Note, to the order of MTGLQ Investors, L.P. Thereafter, MTGLQ Investors, L.P.,
by an allonge, which is firmly affixed to the Note, transferred the Note to blank, making the Note
payable to bearer. A true and correct copy of the Note, containing the aforementioned endorsements
and allonges, is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference.
5. According to the business records I have reviewed, to secure payment of the obligation
described in the preceding paragraph, Donald E. Baurle, Jr. and Theresa A. Baurie (hereinafter
"Mortgagors") executed to Mortgage Electronic Registration Systems, Inc., as nominee for
Homebridge Mortgage Bankers Corp. d/b/a Refinance.com a mortgage of even date with said Note,
and thereby mortgaged 29 East La Claire Street, Hudson Falls, NY 12839 (hereinafter "Mortgaged
Premises") as collateral security for the Note. Said mortgage was recorded in the County Clerk's Office
of Washington on January 12, 2007 in Book 2303, on Page 339, Document Number 2007-00033716
(hereinafter "Mortgage"). A true and correct copy of the Mortgage is attached as an exhibit to AJAX
2021-C's motion for, inter alia, an Order of Reference.
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6. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE
Assignor: Mortgage Electronic Registration Systems, Inc.,as nominee for Homebridge Mortgage
Bankers Corp. d/b/a Refinance.com
Assignee: Countrywide Home Loans, Inc.
Dated: April 17, 2008
Recorded: April 30, 2008
Liber Book: 2541 Page: 174 Document No.: 2008-00046352
A true and correct copy of the aforementioned assignment of Mortgage is attached as an exhibit to
AJAX 2021-C's motion for, inter alia, an Order of Reference.
7. On July 1, 2009, Donald E. Baurle, Theresa A. Baurle, and BAC Home Loans
Servicing, LP amended and supplemented the Mortgage by execution of a loan modification
agreement, which capitalized all arrears to form a total unpaid principal balance of $169,909.42
(hereinafter "First Loan Modification Agreement"). The First Loan Modification Agreement amended
the interest rate of the Mortgage such that interest would accrue at 5.0000% per annum from July 1,
2009 until the modified maturity date, August 1, 2038. A copy of the First Loan Modification
Agreement is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference.
8. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE
Assignor: Countrywide Home Loans, Inc.
Assignee: Bank of America, N.A.
Dated: November 20, 2012
Recorded: February 1, 2013
Liber Book: R 3219 Page: 171 Document No.: 2013-00082328
ASSIGNMENT OF MORTGAGE
Assignor: Bank of America, N.A.
Assignee: Secretary of Housing and Urban Development
Dated: October 1, 2013
Recorded: December 17, 2013
Liber Book: R 3357 Page: 140 Document No.: 2013-00089186
ASSIGNMENT OF MORTGAGE
Assignor: Secretary of Housing and Urban Development by RBS Financial Products Inc., itsattorney
in fact
Assignee: RBS Financial Products Inc.
Dated: October 16, 2013
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Recorded: December 17, 2013
Liber Book: R 3357 Page: 143 Document No.: 2013-00089187
ASSIGNMENT OF MORTGAGE
Assignor: RBS Financial Products Inc.
Assignee: NRZ Pass-Through Trust I,U.S. Bank National Association, as Trustee
Dated: March 25, 2014
Recorded: July 8, 2014
Liber Book: R 3422 Page: 273 Document No.: 2014-00092757
ASSIGNMENT OF MORTGAGE
Assignor: NRZ Pass-Through Trust I,U.S. Bank National Association as Trustee
Assignee: NRZ Mortgage Holdings LLC, itssuccessor and assigns
Dated: October 21, 2014
Recorded: May 21, 2015
Liber Book: R 3525 Page: 208 Document No.: 2015-00098374
ASSIGNMENT OF MORTGAGE
Assignor: NRZ Mortgage Holdings LLC, itssuccessors and assigns
Assignee: MTGLQ Investors, L.P., itssuccessor and assigns
Dated: October 21, 2014
Recorded: May 21, 2015
Liber Book: R 3525 Page: 212 Document No.: 2015-00098375
True and correct copies of the aforementioned assignments of Mortgage are attached as an exhibit to
AJAX 2021-C's motion for,inter alia, an Order of Reference.
9. On July 26, 2016, Theresa A. Baurie and Rushmore Loan Management Services LLC,
as servicer and agent, amended and supplemented the Mortgage by execution of a loan modification
agreement, which capitalized all arrears to form a total unpaid principal balance of $119,000.00
(hereinafter "Second Loan Modification Agreement"). The Second Loan Modification Agreement
amended the interest rate of the Mortgage such that interest would accrue at 6.5000% per annum from
July 1, 2016 until the modified maturity date, December 1, 2036. A copy of the Second Loan
Modification Agreement is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of
Reference.
10. On August 30, 2017, Theresa A. Baurie and Rushmore Loan Management Services
LLC, as servicer and agent, amended and supplemented the Mortgage by execution of a loan
modification agreement, which capitalized all arrears to form a total unpaid principal balance of
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$126,045.35 (hereinafter "Third Loan Modification Agreement"). The Third Loan Modification
Agreement amended the interest rate of the Mortgage such that interest would accrue at 6.5000% per
annum from September 1, 2017 until the modified maturity date, September 1, 2040. A copy of the
Third Loan Modification Agreement is attached as an exhibit to AJAX 2021-C's motion for,inter alia,
an Order of Reference.
11. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE
Assignor: MTGLQ Investors, L.P.
Assignee: U.S. Bank National Association, as Indenture Trustee on behalf of and with respect to Ajax
Mortgage Loan Trust 2018-B, Mortgage-Backed Notes
Dated: September 6, 2018
Recorded: September 28, 2018
Liber Book: R 3972 Page: 282 Instrument No.: 2018-122498
ASSIGNMENT OF MORTGAGE
Assignor: U.S. Bank National Association, as Indenture Trustee on behalf of and with respect to Ajax
Mortgage Loan Trust 2018-B, Mortgage-Backed Notes
Assignee: AJAX Mortgage Loan Trust 2021-C, Mortgage-Backed Securities, Series 2021-C, by U.S.
Bank National Association, as Indenture Trustee
Dated: June 11, 2021
Recorded: June 23, 2021
Instrument No.: 2021-4419
True and correct copies of the aforementioned assignments of Mortgage are attached as an exhibit to
AJAX 2021-C's motion for,inter alia, an Order of Reference.
12. According to the aforementioned business records I have reviewed, the named
Plaintiff's custodian or agent held the original Note, containing the aforementioned endorsements and
allonges provided for in paragraph four (4) supra, as of September 19, 2018. Gregory confirms that
said custodian or agent has remained in possession of the original Note, containing the aforementioned
endorsements and allonges provided for in paragraph four (4) supra, since them, and is now holding it
on behalf of AJAX 2021-C. Therefore, AJAX 2021-C is the proper party to continue the instant action.
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13. According to the business records I have reviewed, Mortgagors defaulted on the
Mortgage by failing to make the monthly installment due on December 1, 2017 and have remained in
default to present date.
14. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Mortgagors
on December 31, 2019 via first-class mail to the lastknown address of the Mortgagors, which was the
Mortgaged Premises (hereinafter "Notice of Default"). I reviewed the Notice of Default and confirm
that itcomplied with the terms of the Mortgage, including the time and content requirements contained
therein. A true and correct copy of the aforementioned Notice of Default is attached as an exhibit to
AJAX 2021-C's motion for,inter alia, an Order of Reference.
15. According to the business records I have reviewed, notices were sent to the Borrowers
pursuant to RPAPL §1304 on December 2019 (hereinafter Notices"). Said 90-
specifically 31, "90-Day
Day Notices have not expired and were sent to the Borrowers at least 90-days prior to the
commencement of the instant action. The 90-Day Notices were in 14-point type, contained the
statutorily dictated language of RPAPL §1304 and the address and phone numbers of at least five US
Department of Housing and Urban Development approved housing counseling agencies in the region
where the Borrowers reside and were mailed by registered or certified mail and first-class mail to the
Mortgaged Premises and last known address of the Borrowers, if different. True and correct copies of
the aforementioned 90-Day Notices are attached as an exhibit to AJAX 2021-C's motion for,inter alia,
an Order of Reference.
16. According to the business records I have reviewed, AJAX 2021-C has complied fully
with the RPAPL §l 306 filing requirement, by filing with the superintendent of banks within three (3)
business days of date the 90-Day Notices were mailed. True and correct copies of the proofs of filing
are attached as an exhibit to AJAX 2021- 's motion for, inter alia, an Order of Reference.
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17. According to the aforementioned business records I have reviewed, there is now due and
owing to AJAX 2021-C the principal sum of $125,647.49, with interest thereon from November 1,
2017, along with advances made by the AJAX 2021-C on behalf of the Mortgagors.
18. Due to the default in payments as described hereinabove, AJAX 2021-C had the right,
pursuant to Mortgage to commence the instant foreclosure action and accordingly I request that the
motion for,inter alia, an Order of Reference be granted.
19. Subsequent to the commencement of the foreclosure action, AJAX 2021-C became
aware that defendant Donald E. Baurle, Jr. divorced defendant Theresa A. Baurie A/K/A Theresa
Baurie and stipulated to have Theresa A. Baurie A/K/A Theresa Baurie refinance the loan, hence the
subsequent Loan Modifications, supra. Further, a deed was executed transferring all interests in the
mortgaged premises to Theresa A. Baurie A/K/A Theresa Baurle. Therefore, Donald E. Baurle, Jr.is no
longer a necessary party and AJAX 2021-C is now hereby waiving deficiency against him.
Gregory Funding, LLC, as attorney-in-fact for Plaintiff's
AJAX Mortgage Loan Trust Mortgage-
assignee, 2021-C,
Backed Securities, Series 2021-C, by U.S. Bank National
Association, as Indenture Trustee
By:
HERN N
NAOM1
Name:
Title: Utigation Specialist
Sv orn to before me on this
day of ri | , 20
OFFICIAL ST
LES
.. "'. KENNET
ERIC
O
M s O 23
NC JUL
EXPlRES
Notary ublic sslON
CouM
Eric Kenneth Ayles M
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NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022
TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING OUTSIDE OF
NEW YORK STATE
STATE OF Oregon )
Washington ) ss.
COUNTY OF )
On the Óo day of in the year 20__ before me, the undersigned, a Notary
Public in and for said State, ersonally appeared NAOMI HERNANDEZ , personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (a ) subscribed to the within instrument nd acknowledged to me that he/ they executed
same in his their capacity(ies), and that by his /their signature(s) on the instrument, the
individual(s r the person upon behalf of which t ndividual(s) acted, executed the instrument, and
that such individual made such appearance before the undersigned in
QC J i Ô & [Insert the city or other political subdivision and the state or
countp or other place the acknowledgment was taken].
Public Kennet Ayles
Notary Eric
Personally Known OR .·"t. OFFICIAL STAMP
Produced IdentifictÍtion ERIC KENNETH AYLES
NOTARY PUBLIC - UREGON
COMMISSION NO. 989231
Type of Identification Produced: MY COMMISSION EXPIRES JULY 4, 2023
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NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022
WORD COUNT CERTIFICATION
Juliana Thibaut, Esq., an attorney admitted to practice in the courts of New York State, hereby
affinns under penalty of pe1jury that:
I am an associate of the finn of FRIEDMAN VARTOLO LLP the attorneys of record for the
Plaintiff in the within action.
This computer generated AFFIDAVIT IN SUPPORT 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, jurat, schedule or any authorized addendum is
2468.
Dated: April 7, 2022
New York, New York /s/ Juliana Thibaut
Juliana Thibaut, Esq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, New York 11530
T: (212) 471-5100
Firm File No. 201259-1
Preview
FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 Exhibit R FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON __________________________________________________________________Ç U.S. BANK NATIONAL ASSOCIATION, AS Index No. EC2020-32009 INDENTURE TRUSTEE ON BEHALF OF AND WITH RESPECT TO AJAX MORTGAGE LOAN AFFIDAVIT IN SUPPORT OF TRUST 2018-B, MORTGAGE-BACKED NOTES, ORDER OF REFERENCE Plaintiff Mortgaged Premises: -against- 29 East La Claire Street Hudson Falls, New York, 12839 THERESA A. BAURLE A/K/A THERESA BAURLE; DONALD E. BAURLE, JR.; LVNV FUNDING LLC; Section: 154.6 DOE" DOE" "JOHN and "JANE said names being Block: 4 fictitious, itbeing the intention of plaintiff to designate Lot: 48 any and alloccupants of the premises being foreclosed herein, Defendants __________________________________________________________________Ç Oregon STATE OF ) ss. Washington COUNTY OF NAOMI HERNANDEZ , being duly sworn, deposes and says: Litigation Specialist ,, 1. I am a as attorney-in-fact for the named Plaintiff's AJAX Mortgage Loan Trust Mortgage- assignee, 2021-C, Backed Securities, Series 2021-C, by U.S. Bank National Association, as Indenture Trustee (hereinafter "AJAX 2021-C"). In that capacity, I am responsible for the maintenance and review of internal foreclosure and loan specific documents maintained by GF on behalf of AJAX 2021-C and am authorized to sign this affidavit on AJAX 2021-C's behalf. A copy of a Limited Power of Attorney authorizing GF to act on behalf of AJAX 2021-C is annexed hereto. 2. GF maintains business records for the subject loan on behalf of AJAX 2021-C and I am familiar with AJAX 2021-C's record-keeping practices. As part of my job responsibilities for GF, I am personally familiar with the type of records maintained by GF on behalf of the AJAX 2021-C. The information contained in this affidavit is taken from GF's business records, including the loan transaction history. I have personal knowledge of GF's procedures for creating and maintaining these Firm FileNo.201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 records. Such business records are: (a) made at or near the time of the occurrence of the matters set forth therein by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) are kept in the course of GF's regular conducted business activities; and (c) it is the regular practice of GF to make such records. These records include data compilations (including the date certain original documents such as original promissory notes and allonges were received), electronic images of documents, and a wide array of supplementary documentation. The business records, such as transaction and payment histories, that were created by prior holders and/or servicers of the loan, including, but not limited to, the named AJAX 2021-C that commenced the foreclosure action, have been integrated into GF's business records and are kept and relied upon as a regular business practice and in the ordinary course of business conducted by GF. I have personal knowledge of these procedures for integrating prior servicer records. 3. I submit this affidavit in support of AJAX 2021-C's motion for, inter alia, an Order of Reference based upon my own personal knowledge of how GF's business records are kept and maintained by GF on behalf of the AJAX 2021-C in the course of itsregularly conducted business activities, and based upon personal knowledge that I have acquired by personally reviewing the specific business records as they relate to the loan of Donald E. Baurle, Jr. and Theresa A. Baurie (hereinafter "Borrowers"). 4. According to the business records I have reviewed, on November 18, 2006, the Borrowers being indebted to Homebridge Mortgage Bankers Corp. d/b/a Refinance.com, a New York Corporation, in the sum of $144,600.00, executed a note to secure that sum with a fixed interest rate of 6.500% per annum, payable in successive monthly installments of $913.97 on the first day of each month commencing January 1, 2007 and the final payment to be made December 1, 2036 (hereinafter "Note"). Subsequent to execution of the Note, Homebridge Mortgage Bankers Corp. d/b/a Refinance.com transferred the Note, by endorsement, to the order of Countrywide Bank, N.A. Thereafter, Countrywide Bank, N.A. transferred the Note, by endorsement, to the order of Countrywide Firm File No. 201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 Home Loans Inc. Thereafter, Countrywide Home Loans Inc. transferred the Note, by endorsement, to the order of Countrywide Home Loans Servicing LP. Thereafter, Countrywide Home Loans Servicing LP transferred the Note, by endorsement, to the order of Secretary of Housing and Urban Development. Thereafter, Secretary of Housing and Urban Development by RBS Financial Products Inc., its Attorney-in-Fact by RMS Asset Management, LLC, its Attorney-in-Fact transferred the Note, by allonge, which is firmly affixed to the Note, to the order of RBS Financial Products Inc. Thereafter, RBS Financial Products Inc. by RMS Asset Management, LLC, its Attorney-in-Fact transferred the Note, by allonge, which is firmly affixed to the Note, to the order of NRZ Pass-Through Trust I, U.S. Bank, National Association, as Trustee. Thereafter, NRZ Pass-Through Trust I, U.S. Bank National Association as Trustee by Rushmore Loan Management Services LLC, itsappointed Attorney in Fact transferred the Note, by allonge, which is firmly affixed to the Note, to the order of NRZ Mortgage Holdings LLC. Thereafter, NRZ Mortgage Holdings LLC transferred the Note, by allonge, which is firmly affixed to the Note, to the order of MTGLQ Investors, L.P. Thereafter, MTGLQ Investors, L.P., by an allonge, which is firmly affixed to the Note, transferred the Note to blank, making the Note payable to bearer. A true and correct copy of the Note, containing the aforementioned endorsements and allonges, is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference. 5. According to the business records I have reviewed, to secure payment of the obligation described in the preceding paragraph, Donald E. Baurle, Jr. and Theresa A. Baurie (hereinafter "Mortgagors") executed to Mortgage Electronic Registration Systems, Inc., as nominee for Homebridge Mortgage Bankers Corp. d/b/a Refinance.com a mortgage of even date with said Note, and thereby mortgaged 29 East La Claire Street, Hudson Falls, NY 12839 (hereinafter "Mortgaged Premises") as collateral security for the Note. Said mortgage was recorded in the County Clerk's Office of Washington on January 12, 2007 in Book 2303, on Page 339, Document Number 2007-00033716 (hereinafter "Mortgage"). A true and correct copy of the Mortgage is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference. Firm FileNo.201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 6. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE Assignor: Mortgage Electronic Registration Systems, Inc.,as nominee for Homebridge Mortgage Bankers Corp. d/b/a Refinance.com Assignee: Countrywide Home Loans, Inc. Dated: April 17, 2008 Recorded: April 30, 2008 Liber Book: 2541 Page: 174 Document No.: 2008-00046352 A true and correct copy of the aforementioned assignment of Mortgage is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference. 7. On July 1, 2009, Donald E. Baurle, Theresa A. Baurle, and BAC Home Loans Servicing, LP amended and supplemented the Mortgage by execution of a loan modification agreement, which capitalized all arrears to form a total unpaid principal balance of $169,909.42 (hereinafter "First Loan Modification Agreement"). The First Loan Modification Agreement amended the interest rate of the Mortgage such that interest would accrue at 5.0000% per annum from July 1, 2009 until the modified maturity date, August 1, 2038. A copy of the First Loan Modification Agreement is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference. 8. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE Assignor: Countrywide Home Loans, Inc. Assignee: Bank of America, N.A. Dated: November 20, 2012 Recorded: February 1, 2013 Liber Book: R 3219 Page: 171 Document No.: 2013-00082328 ASSIGNMENT OF MORTGAGE Assignor: Bank of America, N.A. Assignee: Secretary of Housing and Urban Development Dated: October 1, 2013 Recorded: December 17, 2013 Liber Book: R 3357 Page: 140 Document No.: 2013-00089186 ASSIGNMENT OF MORTGAGE Assignor: Secretary of Housing and Urban Development by RBS Financial Products Inc., itsattorney in fact Assignee: RBS Financial Products Inc. Dated: October 16, 2013 Firm FileNo. 201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 Recorded: December 17, 2013 Liber Book: R 3357 Page: 143 Document No.: 2013-00089187 ASSIGNMENT OF MORTGAGE Assignor: RBS Financial Products Inc. Assignee: NRZ Pass-Through Trust I,U.S. Bank National Association, as Trustee Dated: March 25, 2014 Recorded: July 8, 2014 Liber Book: R 3422 Page: 273 Document No.: 2014-00092757 ASSIGNMENT OF MORTGAGE Assignor: NRZ Pass-Through Trust I,U.S. Bank National Association as Trustee Assignee: NRZ Mortgage Holdings LLC, itssuccessor and assigns Dated: October 21, 2014 Recorded: May 21, 2015 Liber Book: R 3525 Page: 208 Document No.: 2015-00098374 ASSIGNMENT OF MORTGAGE Assignor: NRZ Mortgage Holdings LLC, itssuccessors and assigns Assignee: MTGLQ Investors, L.P., itssuccessor and assigns Dated: October 21, 2014 Recorded: May 21, 2015 Liber Book: R 3525 Page: 212 Document No.: 2015-00098375 True and correct copies of the aforementioned assignments of Mortgage are attached as an exhibit to AJAX 2021-C's motion for,inter alia, an Order of Reference. 9. On July 26, 2016, Theresa A. Baurie and Rushmore Loan Management Services LLC, as servicer and agent, amended and supplemented the Mortgage by execution of a loan modification agreement, which capitalized all arrears to form a total unpaid principal balance of $119,000.00 (hereinafter "Second Loan Modification Agreement"). The Second Loan Modification Agreement amended the interest rate of the Mortgage such that interest would accrue at 6.5000% per annum from July 1, 2016 until the modified maturity date, December 1, 2036. A copy of the Second Loan Modification Agreement is attached as an exhibit to AJAX 2021-C's motion for, inter alia, an Order of Reference. 10. On August 30, 2017, Theresa A. Baurie and Rushmore Loan Management Services LLC, as servicer and agent, amended and supplemented the Mortgage by execution of a loan modification agreement, which capitalized all arrears to form a total unpaid principal balance of Firm File No. 201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 $126,045.35 (hereinafter "Third Loan Modification Agreement"). The Third Loan Modification Agreement amended the interest rate of the Mortgage such that interest would accrue at 6.5000% per annum from September 1, 2017 until the modified maturity date, September 1, 2040. A copy of the Third Loan Modification Agreement is attached as an exhibit to AJAX 2021-C's motion for,inter alia, an Order of Reference. 11. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE Assignor: MTGLQ Investors, L.P. Assignee: U.S. Bank National Association, as Indenture Trustee on behalf of and with respect to Ajax Mortgage Loan Trust 2018-B, Mortgage-Backed Notes Dated: September 6, 2018 Recorded: September 28, 2018 Liber Book: R 3972 Page: 282 Instrument No.: 2018-122498 ASSIGNMENT OF MORTGAGE Assignor: U.S. Bank National Association, as Indenture Trustee on behalf of and with respect to Ajax Mortgage Loan Trust 2018-B, Mortgage-Backed Notes Assignee: AJAX Mortgage Loan Trust 2021-C, Mortgage-Backed Securities, Series 2021-C, by U.S. Bank National Association, as Indenture Trustee Dated: June 11, 2021 Recorded: June 23, 2021 Instrument No.: 2021-4419 True and correct copies of the aforementioned assignments of Mortgage are attached as an exhibit to AJAX 2021-C's motion for,inter alia, an Order of Reference. 12. According to the aforementioned business records I have reviewed, the named Plaintiff's custodian or agent held the original Note, containing the aforementioned endorsements and allonges provided for in paragraph four (4) supra, as of September 19, 2018. Gregory confirms that said custodian or agent has remained in possession of the original Note, containing the aforementioned endorsements and allonges provided for in paragraph four (4) supra, since them, and is now holding it on behalf of AJAX 2021-C. Therefore, AJAX 2021-C is the proper party to continue the instant action. Firm FileNo. 201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 13. According to the business records I have reviewed, Mortgagors defaulted on the Mortgage by failing to make the monthly installment due on December 1, 2017 and have remained in default to present date. 14. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Mortgagors on December 31, 2019 via first-class mail to the lastknown address of the Mortgagors, which was the Mortgaged Premises (hereinafter "Notice of Default"). I reviewed the Notice of Default and confirm that itcomplied with the terms of the Mortgage, including the time and content requirements contained therein. A true and correct copy of the aforementioned Notice of Default is attached as an exhibit to AJAX 2021-C's motion for,inter alia, an Order of Reference. 15. According to the business records I have reviewed, notices were sent to the Borrowers pursuant to RPAPL §1304 on December 2019 (hereinafter Notices"). Said 90- specifically 31, "90-Day Day Notices have not expired and were sent to the Borrowers at least 90-days prior to the commencement of the instant action. The 90-Day Notices were in 14-point type, contained the statutorily dictated language of RPAPL §1304 and the address and phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the Borrowers reside and were mailed by registered or certified mail and first-class mail to the Mortgaged Premises and last known address of the Borrowers, if different. True and correct copies of the aforementioned 90-Day Notices are attached as an exhibit to AJAX 2021-C's motion for,inter alia, an Order of Reference. 16. According to the business records I have reviewed, AJAX 2021-C has complied fully with the RPAPL §l 306 filing requirement, by filing with the superintendent of banks within three (3) business days of date the 90-Day Notices were mailed. True and correct copies of the proofs of filing are attached as an exhibit to AJAX 2021- 's motion for, inter alia, an Order of Reference. Firm FileNo. 201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 17. According to the aforementioned business records I have reviewed, there is now due and owing to AJAX 2021-C the principal sum of $125,647.49, with interest thereon from November 1, 2017, along with advances made by the AJAX 2021-C on behalf of the Mortgagors. 18. Due to the default in payments as described hereinabove, AJAX 2021-C had the right, pursuant to Mortgage to commence the instant foreclosure action and accordingly I request that the motion for,inter alia, an Order of Reference be granted. 19. Subsequent to the commencement of the foreclosure action, AJAX 2021-C became aware that defendant Donald E. Baurle, Jr. divorced defendant Theresa A. Baurie A/K/A Theresa Baurie and stipulated to have Theresa A. Baurie A/K/A Theresa Baurie refinance the loan, hence the subsequent Loan Modifications, supra. Further, a deed was executed transferring all interests in the mortgaged premises to Theresa A. Baurie A/K/A Theresa Baurle. Therefore, Donald E. Baurle, Jr.is no longer a necessary party and AJAX 2021-C is now hereby waiving deficiency against him. Gregory Funding, LLC, as attorney-in-fact for Plaintiff's AJAX Mortgage Loan Trust Mortgage- assignee, 2021-C, Backed Securities, Series 2021-C, by U.S. Bank National Association, as Indenture Trustee By: HERN N NAOM1 Name: Title: Utigation Specialist Sv orn to before me on this day of ri | , 20 OFFICIAL ST LES .. "'. KENNET ERIC O M s O 23 NC JUL EXPlRES Notary ublic sslON CouM Eric Kenneth Ayles M Firm FileNo.201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING OUTSIDE OF NEW YORK STATE STATE OF Oregon ) Washington ) ss. COUNTY OF ) On the Óo day of in the year 20__ before me, the undersigned, a Notary Public in and for said State, ersonally appeared NAOMI HERNANDEZ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (a ) subscribed to the within instrument nd acknowledged to me that he/ they executed same in his their capacity(ies), and that by his /their signature(s) on the instrument, the individual(s r the person upon behalf of which t ndividual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in QC J i Ô & [Insert the city or other political subdivision and the state or countp or other place the acknowledgment was taken]. Public Kennet Ayles Notary Eric Personally Known OR .·"t. OFFICIAL STAMP Produced IdentifictÍtion ERIC KENNETH AYLES NOTARY PUBLIC - UREGON COMMISSION NO. 989231 Type of Identification Produced: MY COMMISSION EXPIRES JULY 4, 2023 Firm FileNo.201259-1 FILED: WASHINGTON COUNTY CLERK 05/02/2022 11:32 AM INDEX NO. EC2020-32009 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/02/2022 WORD COUNT CERTIFICATION Juliana Thibaut, Esq., an attorney admitted to practice in the courts of New York State, hereby affinns under penalty of pe1jury that: I am an associate of the finn of FRIEDMAN VARTOLO LLP the attorneys of record for the Plaintiff in the within action. This computer generated AFFIDAVIT IN SUPPORT 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, jurat, schedule or any authorized addendum is 2468. Dated: April 7, 2022 New York, New York /s/ Juliana Thibaut Juliana Thibaut, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, New York 11530 T: (212) 471-5100 Firm File No. 201259-1