Preview
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
________________-__-_________________________Ç
MTGLQ INVESTORS, L.P., Index No. 130885/2012
Plaintiff AFFIDAVIT IN SUPPORT
-against-
NANCY WILEY; NEW YORK CITY PARKING
VIOLATIONS BUREAU; NEW YORK CITY
CRIMINAL COURT; WASHINGTON MUTUAL
BANK, A FEDERAL ASSOCIATION; FRANK A.
GUIDO; NEW YORK CITY DEPARTMENT OF
MOTOR VEHICLES; JOSEPH GUIDO; MELISSA
GUIDO,
Defendants
__________________________.__..-----______Ç
STATE OF CALIFORNIA )
) ss.
COUNTY OF HUMBOLDT )
Elena Torres , being duly sworn, deposes and says:
1. I am a Asset Manager of SN Servicing Corporation (hereinafter
"SNSC"), servicer for the named Plaintiffs assignee, U.S. Bank Trust National Association, as Trustee
of Dwelling Series IV Trust (hereinafter "Dwelling"). In that capacity, I am responsible for the
maintenance and review of internal foreclosure and loan specific documents maintained by SNSC on
behalf of DWELLING and am authorized to sign this affidavit on DWELLING's behalf. A copy of a
Limited Power of Attorney authorizing SNSC to act on behalf of DWELLING is annexed hereto.
2. SNSC maintains business records for the subject loan on behalf of DWELLING. As part
of my job responsibilities for SNSC, I am personally familiar with the type of records maintained by
SNSC on behalf of the DWELLING. The information contained in this affidavit is taken from SNSC's
business records. I have personal knowledge of SNSC's procedures for creating and maintaining these
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 SNSC's
Film File No. 223113-1
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regular conducted business activities; and (c) it isthe regular practice of SNSC 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. Where applicable, the records include documentation obtained and
maintained by SNSC on behalf of DWELLING, from prior servicers or note holders relating to the loan
hereinafter described. To the extent that the business records were created by prior holders and/or
servicers of the subject loan, those records have been integrated into SNSC's business records and are
kept and relied upon as a routine and regular business practice and in the ordinary course of business
conducted by SNSC on behalf of DWELLING.
3. I submit this affidavit in support of DWELLING's motion for, inter alia, an Order
Extending Sale Deadline and Other Relief, based upon my own personal knowledge of how SNSC's
business records are kept and maintained by SNSC on behalf of the DWELLING in the course of its
regularly 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 Nancy Wiley
(hereinafter "Borrower(s)"). Defined terms take the meaning as set out in DWELLING's motion and
the exhibits are incorporated herein by reference.
4. This is an action to foreclose a Mortgage encumbering the Mortgaged Premises. The
mortgage was executed on January 27, 2003 by Nancy Wiley in favor of Wells Fargo Home Mortgage,
Inc. to secure payment of the principal sum of $230,000.00 (hereinafter "Mortgage"). Said Mortgage
was recorded in the County Clerk's Office of Richmond, on June 20, 2003 in Book 15261, Page 56.
5. According to the business records I have reviewed, including SNSC's custodial system
of record, DWELLING, itscustodian or agent, had physical possession of the original Note endorsed to
blank thereon on or before 12/29/2022 , and has maintained continuous possession to the
present date. A copy of the assignments of Mortgage are annexed as an exhibit to DWELLING's
motion for, inter alia, an Order Extending Sale deadline and Other Relief.
Firm File No. 223113-1
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. . ... INDEX NO. 130885/2012
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
6. As a result of the aforementioned transfer, leave is sought to substitute the named
L.P."
Plaintiff from "MTGLQ Investors, to "U.S. Bank Trust National Association, as Trustee of
Trust"
Dwelling Series IV to reflect the proper alignment of the parties. A copy of the assignment of
Mortgage is annexed to SNSC's motion for, inter alia, an Order Extending Sale Deadline and Other
Relief.
7. Where applicable, this loan has been reviewed for a loan modification pursuant to
federal legislation.
8. I have reviewed the description of the property and the Mortgage and have determined
that the Mortgaged Premises consists of a single parcel with a residential building and should therefore
be sold as one parcel.
WHEREFORE, itis respectfully requested that the relief set forth in the motion be granted in
itsentirety, together with such other and further relief as to this Court may deem just and proper.
SN Servicing Corporation, as servicer for
Plaintiffs assignee U.S. Bank Trust National
Associa 'on, as Trustpe of Dwelling Series IV Trust
By:
Name: Elena Torres
Title: Asset Manager
th'
Sworn to before me
_P4epae see th"e affached
notarial certificate.
California
Thank you.
Notary Public
Firm File No. 223113-1
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
CALIFORNIA JURAT
A notarypublicor otherofficercompletingthiscertificate
verifies
only the of the
identity individualwho
signedthe document towhich thiscertificate
is attached,and notthe truthfulness,
accuracy,or validity
of
thatdocument.
State of California )
County of Humboldt )
Subscribed and sworn to (oraffirmed) before me on this day
Of , 2023, by bevt A Nf(Y5
onvdt@
Proved to me on the basisof satisfactoryevidence to be the person who appeared before me.
signature Nota Pub c r ta
Comm: Exp: 7 HmmssÎ # 4 431
My Comm.Exp(resSep17, 2026
A notarypublic or other
officercompletingthiscertificate
verifies
onlythe of the
identity Individualwho
signedthe document to whichthiscertificate
is attached,and notthe truthfulness,
accuracy,or validity
of
thatdocument.
TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING OUTSIDE OF
NEW YORK STATE
State of California )
County of Humboidt )
On lava 3 before ÒfA b-
2023, me, GertWH"otary Puhiic,
Personally appeared 6l4 Act TO YYS , who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.,
and that such individual made such appearance before the undersigned in Eureka, California.
I certifyunder PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true
and correct.
WITNESS my hand and officialseal.
Signature , Nota Pu Ic la
Notary Public do ,6f(^ S ?
Co m ss n# 43
My Comm. Expires Sep 17, 2026
Personally Known or
Produced identification:
Type of IdentificationProduced: Driver'sLicense
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FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
WORD COUNT CERTIFICATION
Andrew Buonincontri, 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
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, ifany,
and exclusive of exhibit, word count certification, jurat, schedule or any authorized addendum is 822.
Dated: December 15, 2022
New York, New York
Andrew Buonincontri, Esq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, New York 11530
T: (212) 471-5100
Firm File No. 223113-1
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ULSTER COUNTY- STATE OF NEW YORK
NINA POSTUPACK, COUNTY CLERK
244 FAIR STREET, KINGSTON, NEW YORK 12401
COUNTY CLERK'S RECORDING PAGE
DOCUMENT- DETACH***
***THIS PAGE IS PART OF THE DO NOT
Recording:
Cover Page 5.00
IIIIIll I 111111 II 111111 1111 Recording Fee 45 . 00
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4 . 75
BOOK/PAGE : 6993 / 324
INSTRUMENT # : 2022-1302
Total: 70.00
- Receipt# : 2 O22005008
**** NOTICE : THIS IS NOT A BILL ****
Clerk: SMM
Rec Date : 01/21/2022 10 : 36 : 18 AM
Doc Grp : D
Des crip : POWER OF ATTY
Num Pgs : 6
Rec' d Frm: ADVANTAGE FORECLOSURE SERVICES,
INC.
Party1 : US BANK TRUST NA
Party2 : SN SERVICING CORP
WARNING***
*** Information be amended the verification
may during
process, and may not be reflected
on this cover
page.
THIS PAGE CONSTITUTES THE CLERK'S
Re cord and Return To :
. ENDORSEMENT, REQUIRED BY SECTION 316-a (5)
& 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK.
ELECTRONICALLY RECORDED BY CSC
Nina Postupack
Ulster County Clerk
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
Document drafted by and
RECORDING REQUESTED BY:
SN Servicing Corporation__
50'
323 Street
Eureka, CA 95501
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 Trust 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 55I07, not in its individual capacity
but solely as Trustee ("Trustee"), hereby constitutes and appoints SN Servicing Corporation
("Servicer"), whose address is 323 Fifth St., Eureka, CA 95501, 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 agreements, (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 itsindividual 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 trust, 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.
I 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 notices
of sale, accepting deeds in lieu of foreclosure, evicting (to the extent allowed by federal, state
or local on theproperties under the Instruments judicial or non-
laws) foreclosing Security by
judicial foreclosure, actions for temporary restraining orders, injunctions, appointments of
receiver, suits for waste, fraud and any and all other tort, contractual or verifications in
support thereof, as may be necessary or advisable in any bankruptcy action, state or federal
suit or any other action.
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2. Execute and/or file such 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, subordination agreements, property adjustment agreements,
management agreements, 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 itsdesignee 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 documentation 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 transfer of titleof
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the property to a party contracted to purchase same; escrow instructions; and any and
all documents necessary to effect the transfer of REO Property.
I 1. Servicer has the power to execute additional limited powers of attorney and delegate
the authority given to itby U.S. Bank Trust 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 alldocuments 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 Trustee", "Delaware Trustee", "Successor Trustee", "Successor in
to"
Interest", "Successor "Successor by Merger", "Trustee/Custodian",
"Custodian/Trustee"
or other similar designation.
Trustee also grants unto Servicer the full power and authority to correct ambiguities 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 itsdirectors, officers, employees and agents harmless from and against any
and all liabilities,obligations, losses, damages, penalties, actions, judgments, 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 Sei,/icer. The foregoing indemnity 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.
Witness my hand and seal thisday of January 50),2022.
NO CORPORATE SEAL U.S. Bank Trust National
Association, as Trustee, for the Trust
Witifessi frad Weber Michael G. Patiuk, Vice-President
Witness: Eneida Murillo
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
CORPORATE ACKNOWLEDGMENT
State of Minnesota
County of Ramsey
5d'
On this day of January, 2022, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Michael G. Patiuk, Brad Weber, and Eneida Murillo,
personally known to me or proved to me on the basis of satisfactory evidence, to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me
that (he) (she) (they) executed the same in (his) (her) (their) capacity(y)(ies), and that by (his) (her)
(their) signature(s) on the instrument, the individual(s), executed the instrument voluntarily for its
stated purpose and that such individual(s) made such appearance before the undersigned in
Ramsey, State of Minnesota.
WITNESS my hand and official seal.
Signature:
----fose A.
)
Amaya
My commission expires: 01/31/2026
JOSE AANMA
Notary Public
Minnesota 6
My Commission Expires
Jan 31, 2026
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023
"A"
SCHEDULE
U.S. Bank Trust National Association, as Trustee of the Preston Ridge Partners [nvestments Trust
U.S. Bank Trust National Association, as Trustee of the Preston Ridge Partners investments II Trust
U.S. Bank Trust National Association, as Trustee of the PRP 11Pals Investments Trust
U.S. Bank Trust Nationai Association, as Trustee of the lgloo Series ilTrust
U.S. Bank Trust National Association, as Trustee of the IGSC Series II Trust
U.S. Bank Trust National Association, as Trustee of the Bungalow Series F Trust
U.S. Bank Trust National Association, as Trustee of the SClG Series Ill
Trust
U.S. Bank Trust National Association, as Trustee of the Chalet Series IllTrust
U.S. Bank Trust National Association, as Trustee of the Chalet Series IV Trust
U.S. Bank Trust National Association, as Trustee of the Bungalow Series IllTrust
U.S. Bank Trust National Association, as Trustee of the TikiSeries illTrust
U.S. Bank Trust National Association, as Trustee of the lgloo Series IV Trust
U.S. Bank Trust National Association, as Trustee of the Lodge Series illTrust
U.S. Bank Trust National Association, as Trustee of the Lodge Series IV Trust
U.S. Bank Trust National Association, as Trustee of the Cabana Series Ill
Trust
U.S. Bank Trust National Association, as Trustee of the TikiSeries IV Trust
U.S. Bank Trust National Association, as Trustee of the Cabana Series IV Trust
U.S. Bank Trust National Association, as Trustee of the FW Series I Trust
U.S. Bank Trust National Association, as Trustee of the Bungalow Series IV Trust
U.S. Bank Trust National Association, as Trustee of the BKPL Series I Trust
U.S. Bank Trust National Association, as Trustee of the BKPL Lodge Series I Trust
U.S. Bank Trust National Association, as Trustee of the BKPL Holding Series I Trust
U.S. Bank Trust National Association, as Trustee of the Dwelling Series IV Trust
U.S. Bank Trust National Association, as Trustee of the Yurt Series IV Trust
U.S. Bank Trust National Association, as Trustee of the lgloo Series IllTrust
U.S. Bank Trust National Association, as Trustee of the FW-BKPL Series I Trust
U.S. Bank Trust National Association, as Trustee of the LB-Igloo Series IV Trust
U.S. Bank Trust National Association, as Trustee of the BKPL-EG Series I Trust
U.S. Bank Trust National Association, as Trustee of the BKPL-EG Holding Trust
U.S. Bank Trust National Association, as Trustee of the BKPL-EG Series N Trust
U.S. Bank Trust National Association, as Trustee of the LB-Cabana Series IV Trust
U.S. Bank Trust National Association, as Trustee of the LB-TikiSeries IV Trust
U.S. Bank Trust National Association, as Trustee of the BKPL-EG Basket Trust
U.S. Bank Trust National Association, as Trustee of the lgloo Series V Trust
U.S. Bank Trust National Association, as Trustee of the Ranch Series 111Trust
U.S. Bank Trust National Association, as Trustee of the Dwelling Series lil
Trust
U.S. Bank Trust National Association, as Trustee of the Yurt Series IllTrust
U.S. Bank Trust National Association, as Trustee of the Cabana Series V Trust
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Preview
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ________________-__-_________________________Ç MTGLQ INVESTORS, L.P., Index No. 130885/2012 Plaintiff AFFIDAVIT IN SUPPORT -against- NANCY WILEY; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY CRIMINAL COURT; WASHINGTON MUTUAL BANK, A FEDERAL ASSOCIATION; FRANK A. GUIDO; NEW YORK CITY DEPARTMENT OF MOTOR VEHICLES; JOSEPH GUIDO; MELISSA GUIDO, Defendants __________________________.__..-----______Ç STATE OF CALIFORNIA ) ) ss. COUNTY OF HUMBOLDT ) Elena Torres , being duly sworn, deposes and says: 1. I am a Asset Manager of SN Servicing Corporation (hereinafter "SNSC"), servicer for the named Plaintiffs assignee, U.S. Bank Trust National Association, as Trustee of Dwelling Series IV Trust (hereinafter "Dwelling"). In that capacity, I am responsible for the maintenance and review of internal foreclosure and loan specific documents maintained by SNSC on behalf of DWELLING and am authorized to sign this affidavit on DWELLING's behalf. A copy of a Limited Power of Attorney authorizing SNSC to act on behalf of DWELLING is annexed hereto. 2. SNSC maintains business records for the subject loan on behalf of DWELLING. As part of my job responsibilities for SNSC, I am personally familiar with the type of records maintained by SNSC on behalf of the DWELLING. The information contained in this affidavit is taken from SNSC's business records. I have personal knowledge of SNSC's procedures for creating and maintaining these 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 SNSC's Film File No. 223113-1 1 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 regular conducted business activities; and (c) it isthe regular practice of SNSC 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. Where applicable, the records include documentation obtained and maintained by SNSC on behalf of DWELLING, from prior servicers or note holders relating to the loan hereinafter described. To the extent that the business records were created by prior holders and/or servicers of the subject loan, those records have been integrated into SNSC's business records and are kept and relied upon as a routine and regular business practice and in the ordinary course of business conducted by SNSC on behalf of DWELLING. 3. I submit this affidavit in support of DWELLING's motion for, inter alia, an Order Extending Sale Deadline and Other Relief, based upon my own personal knowledge of how SNSC's business records are kept and maintained by SNSC on behalf of the DWELLING in the course of its regularly 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 Nancy Wiley (hereinafter "Borrower(s)"). Defined terms take the meaning as set out in DWELLING's motion and the exhibits are incorporated herein by reference. 4. This is an action to foreclose a Mortgage encumbering the Mortgaged Premises. The mortgage was executed on January 27, 2003 by Nancy Wiley in favor of Wells Fargo Home Mortgage, Inc. to secure payment of the principal sum of $230,000.00 (hereinafter "Mortgage"). Said Mortgage was recorded in the County Clerk's Office of Richmond, on June 20, 2003 in Book 15261, Page 56. 5. According to the business records I have reviewed, including SNSC's custodial system of record, DWELLING, itscustodian or agent, had physical possession of the original Note endorsed to blank thereon on or before 12/29/2022 , and has maintained continuous possession to the present date. A copy of the assignments of Mortgage are annexed as an exhibit to DWELLING's motion for, inter alia, an Order Extending Sale deadline and Other Relief. Firm File No. 223113-1 2 of 11 . . ... INDEX NO. 130885/2012 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 6. As a result of the aforementioned transfer, leave is sought to substitute the named L.P." Plaintiff from "MTGLQ Investors, to "U.S. Bank Trust National Association, as Trustee of Trust" Dwelling Series IV to reflect the proper alignment of the parties. A copy of the assignment of Mortgage is annexed to SNSC's motion for, inter alia, an Order Extending Sale Deadline and Other Relief. 7. Where applicable, this loan has been reviewed for a loan modification pursuant to federal legislation. 8. I have reviewed the description of the property and the Mortgage and have determined that the Mortgaged Premises consists of a single parcel with a residential building and should therefore be sold as one parcel. WHEREFORE, itis respectfully requested that the relief set forth in the motion be granted in itsentirety, together with such other and further relief as to this Court may deem just and proper. SN Servicing Corporation, as servicer for Plaintiffs assignee U.S. Bank Trust National Associa 'on, as Trustpe of Dwelling Series IV Trust By: Name: Elena Torres Title: Asset Manager th' Sworn to before me _P4epae see th"e affached notarial certificate. California Thank you. Notary Public Firm File No. 223113-1 3 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 CALIFORNIA JURAT A notarypublicor otherofficercompletingthiscertificate verifies only the of the identity individualwho signedthe document towhich thiscertificate is attached,and notthe truthfulness, accuracy,or validity of thatdocument. State of California ) County of Humboldt ) Subscribed and sworn to (oraffirmed) before me on this day Of , 2023, by bevt A Nf(Y5 onvdt@ Proved to me on the basisof satisfactoryevidence to be the person who appeared before me. signature Nota Pub c r ta Comm: Exp: 7 HmmssÎ # 4 431 My Comm.Exp(resSep17, 2026 A notarypublic or other officercompletingthiscertificate verifies onlythe of the identity Individualwho signedthe document to whichthiscertificate is attached,and notthe truthfulness, accuracy,or validity of thatdocument. TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING OUTSIDE OF NEW YORK STATE State of California ) County of Humboidt ) On lava 3 before ÒfA b- 2023, me, GertWH"otary Puhiic, Personally appeared 6l4 Act TO YYS , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument., and that such individual made such appearance before the undersigned in Eureka, California. I certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. Signature , Nota Pu Ic la Notary Public do ,6f(^ S ? Co m ss n# 43 My Comm. Expires Sep 17, 2026 Personally Known or Produced identification: Type of IdentificationProduced: Driver'sLicense 4 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 WORD COUNT CERTIFICATION Andrew Buonincontri, 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 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, ifany, and exclusive of exhibit, word count certification, jurat, schedule or any authorized addendum is 822. Dated: December 15, 2022 New York, New York Andrew Buonincontri, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, New York 11530 T: (212) 471-5100 Firm File No. 223113-1 5 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 ULSTER COUNTY- STATE OF NEW YORK NINA POSTUPACK, COUNTY CLERK 244 FAIR STREET, KINGSTON, NEW YORK 12401 COUNTY CLERK'S RECORDING PAGE DOCUMENT- DETACH*** ***THIS PAGE IS PART OF THE DO NOT Recording: Cover Page 5.00 IIIIIll I 111111 II 111111 1111 Recording Fee 45 . 00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4 . 75 BOOK/PAGE : 6993 / 324 INSTRUMENT # : 2022-1302 Total: 70.00 - Receipt# : 2 O22005008 **** NOTICE : THIS IS NOT A BILL **** Clerk: SMM Rec Date : 01/21/2022 10 : 36 : 18 AM Doc Grp : D Des crip : POWER OF ATTY Num Pgs : 6 Rec' d Frm: ADVANTAGE FORECLOSURE SERVICES, INC. Party1 : US BANK TRUST NA Party2 : SN SERVICING CORP WARNING*** *** Information be amended the verification may during process, and may not be reflected on this cover page. THIS PAGE CONSTITUTES THE CLERK'S Re cord and Return To : . ENDORSEMENT, REQUIRED BY SECTION 316-a (5) & 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. ELECTRONICALLY RECORDED BY CSC Nina Postupack Ulster County Clerk 6 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 Document drafted by and RECORDING REQUESTED BY: SN Servicing Corporation__ 50' 323 Street Eureka, CA 95501 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 Trust 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 55I07, not in its individual capacity but solely as Trustee ("Trustee"), hereby constitutes and appoints SN Servicing Corporation ("Servicer"), whose address is 323 Fifth St., Eureka, CA 95501, 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 agreements, (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 itsindividual 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 trust, 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. I 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 notices of sale, accepting deeds in lieu of foreclosure, evicting (to the extent allowed by federal, state or local on theproperties under the Instruments judicial or non- laws) foreclosing Security by judicial foreclosure, actions for temporary restraining orders, injunctions, appointments of receiver, suits for waste, fraud and any and all other tort, contractual or verifications in support thereof, as may be necessary or advisable in any bankruptcy action, state or federal suit or any other action. 7 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 2. Execute and/or file such 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, subordination agreements, property adjustment agreements, management agreements, 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 itsdesignee 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 documentation 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 transfer of titleof 8 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 the property to a party contracted to purchase same; escrow instructions; and any and all documents necessary to effect the transfer of REO Property. I 1. Servicer has the power to execute additional limited powers of attorney and delegate the authority given to itby U.S. Bank Trust 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 alldocuments 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 Trustee", "Delaware Trustee", "Successor Trustee", "Successor in to" Interest", "Successor "Successor by Merger", "Trustee/Custodian", "Custodian/Trustee" or other similar designation. Trustee also grants unto Servicer the full power and authority to correct ambiguities 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 itsdirectors, officers, employees and agents harmless from and against any and all liabilities,obligations, losses, damages, penalties, actions, judgments, 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 Sei,/icer. The foregoing indemnity 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. Witness my hand and seal thisday of January 50),2022. NO CORPORATE SEAL U.S. Bank Trust National Association, as Trustee, for the Trust Witifessi frad Weber Michael G. Patiuk, Vice-President Witness: Eneida Murillo 9 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 CORPORATE ACKNOWLEDGMENT State of Minnesota County of Ramsey 5d' On this day of January, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Michael G. Patiuk, Brad Weber, and Eneida Murillo, personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(y)(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s), executed the instrument voluntarily for its stated purpose and that such individual(s) made such appearance before the undersigned in Ramsey, State of Minnesota. WITNESS my hand and official seal. Signature: ----fose A. ) Amaya My commission expires: 01/31/2026 JOSE AANMA Notary Public Minnesota 6 My Commission Expires Jan 31, 2026 10 of 11 FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/13/2023 "A" SCHEDULE U.S. Bank Trust National Association, as Trustee of the Preston Ridge Partners [nvestments Trust U.S. Bank Trust National Association, as Trustee of the Preston Ridge Partners investments II Trust U.S. Bank Trust National Association, as Trustee of the PRP 11Pals Investments Trust U.S. Bank Trust Nationai Association, as Trustee of the lgloo Series ilTrust U.S. Bank Trust National Association, as Trustee of the IGSC Series II Trust U.S. Bank Trust National Association, as Trustee of the Bungalow Series F Trust U.S. Bank Trust National Association, as Trustee of the SClG Series Ill Trust U.S. Bank Trust National Association, as Trustee of the Chalet Series IllTrust U.S. Bank Trust National Association, as Trustee of the Chalet Series IV Trust U.S. Bank Trust National Association, as Trustee of the Bungalow Series IllTrust U.S. Bank Trust National Association, as Trustee of the TikiSeries illTrust U.S. Bank Trust National Association, as Trustee of the lgloo Series IV Trust U.S. Bank Trust National Association, as Trustee of the Lodge Series illTrust U.S. Bank Trust National Association, as Trustee of the Lodge Series IV Trust U.S. Bank Trust National Association, as Trustee of the Cabana Series Ill Trust U.S. Bank Trust National Association, as Trustee of the TikiSeries IV Trust U.S. Bank Trust National Association, as Trustee of the Cabana Series IV Trust U.S. Bank Trust National Association, as Trustee of the FW Series I Trust U.S. Bank Trust National Association, as Trustee of the Bungalow Series IV Trust U.S. Bank Trust National Association, as Trustee of the BKPL Series I Trust U.S. Bank Trust National Association, as Trustee of the BKPL Lodge Series I Trust U.S. Bank Trust National Association, as Trustee of the BKPL Holding Series I Trust U.S. Bank Trust National Association, as Trustee of the Dwelling Series IV Trust U.S. Bank Trust National Association, as Trustee of the Yurt Series IV Trust U.S. Bank Trust National Association, as Trustee of the lgloo Series IllTrust U.S. Bank Trust National Association, as Trustee of the FW-BKPL Series I Trust U.S. Bank Trust National Association, as Trustee of the LB-Igloo Series IV Trust U.S. Bank Trust National Association, as Trustee of the BKPL-EG Series I Trust U.S. Bank Trust National Association, as Trustee of the BKPL-EG Holding Trust U.S. Bank Trust National Association, as Trustee of the BKPL-EG Series N Trust U.S. Bank Trust National Association, as Trustee of the LB-Cabana Series IV Trust U.S. Bank Trust National Association, as Trustee of the LB-TikiSeries IV Trust U.S. Bank Trust National Association, as Trustee of the BKPL-EG Basket Trust U.S. Bank Trust National Association, as Trustee of the lgloo Series V Trust U.S. Bank Trust National Association, as Trustee of the Ranch Series 111Trust U.S. Bank Trust National Association, as Trustee of the Dwelling Series lil Trust U.S. Bank Trust National Association, as Trustee of the Yurt Series IllTrust U.S. Bank Trust National Association, as Trustee of the Cabana Series V Trust 11 of 11