On September 13, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Fairbridge Real Estate Investment Trust, Llc
F K A Realfi Real Estate Investment Trust Llc,
and
Brookview Town House Llc
A K A Brookview Town Houses Llc,
Carl Orsini
A K A Carlos M. Orsini,
Cor Holdings Llc,
David Raven,
George Lumber & Building Material Inc.,
John Doe Company Nos. 1-100,
John Doe Corporation Nos. 1-100
And,
Key Bank
As Successor By Merger To First Niagara Bank, N.A.,
Little Falls Garden Apartments Llc,
New York State Department Of Taxation And Finance,
Robinhood Properties L.L.C.,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Montgomery County.
Preview
FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023
EXHIBIT J
FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023
ALLONGE
This Allonge is intended to constitute an endorsement to that certain Consolidated Term Note
dated June 20, 2012 in the original consolidated principal amount of Two Million Three Hundred
Thousand and 00/100ths Dollars ($2,300,000.00) made
by Robinhood Properties L.L.C., Little Falls
Garden Apartments LLC and Brookview Town Houses LLC (collectively, the "Borrower") in favor
of First Niagara Bank, N.A. ("First Niagara"), to which this Allonge is attached. The foregoing
Consolidated Term Note (the "Note") consolidated, amended and replaced certain prior promissory
notes as follows:
(a) Promissory Note dated as of April 1, 2010 made by Robinhood Properties L.L.C.
in favor of Habib American Bank in the original principal amount of
$680,000.00, as assigned to First Niagara by an Allonge dated as of June 19,
2012;
(b) Promissory Note dated as of April 1, 2010 made by Brookview Town Houses
LLC in favor of Habib American Bank in the original principal amount of
$265,000.00, as assigned to First Niagara by an Allonge dated as of June 19,
2012;
(c) Promissory Note dated as of April 7, 2010 made by Little Falls Garden
Apartments LLC in favor of Habib American Bank in the original principal
amount of $332,367.00, as consolidated with a Promissory Note dated as of
February 17, 2012 made by Little Falls Garden Apartments LLC in favor of
Habib American Bank in the original principal amount of $183,865.22 to form a
single consolidated promissory note in the principal amount of $500,000.00, and
as assigned to First Niagara by an Allonge dated as of June 19, 2012; and
(d) Promissory Note dated as of February 17, 2012 made by Little Falls Garden
Apartments LLC in favor of Habib American Bank in the original principal
amount of $100,000.00, as assigned to First Niagara by an Allonge dated as of
June 19, 2012.
PAY TO THE ORDER OF REALFI REAL ESTATE INVESTMENT TRUST LLC,
A DELAWARE SERIES LIMITED LIABILITY COMPANY AT ITS OFFICES AT 707
WESTCHESTER AVENUE, SUITE 305, WHITE PLAINS, NEW YORK 10604 1, ITS
SUCCESSORS, LEGAL REPRESENTATIVES AND/OR ASSIGNS, WITHOUT
RECOURSE, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND
WHATSOEVER, EITHER EXPRESS OR IMPLIED, EXCEPT AS SET FORTH IN THAT
CERTAIN LOAN SALE AGREEMENT DATED AS OF EVEN DATE HEREWITH.
[Signature appears on Following Page]
4596617.vl
FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023
IN WITNESS WHEREOF, the Assignor has made and executed this Non-Recourse
Assignment of Assignment of Leases and Rents as of the day of October 2020.
COR HOLDINGS LLC
By:
Name: Carksini
Title: Member/Manager
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
On the day of October 2020, before me, the undersigned, a notary public in and for said
state, personally appeared Carl Orsini, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the corporation upon behalf of which the individual acted, executed the
instrument.
Not ry Public
SCOTTA. UCKSTEIN
of New York
Notary Public, State
Qualified in Onondaga Co., No. 02Ll4133888
Commission Expires August 31, 202,2
4596617.vt
Preview
FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023 EXHIBIT J FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023 ALLONGE This Allonge is intended to constitute an endorsement to that certain Consolidated Term Note dated June 20, 2012 in the original consolidated principal amount of Two Million Three Hundred Thousand and 00/100ths Dollars ($2,300,000.00) made by Robinhood Properties L.L.C., Little Falls Garden Apartments LLC and Brookview Town Houses LLC (collectively, the "Borrower") in favor of First Niagara Bank, N.A. ("First Niagara"), to which this Allonge is attached. The foregoing Consolidated Term Note (the "Note") consolidated, amended and replaced certain prior promissory notes as follows: (a) Promissory Note dated as of April 1, 2010 made by Robinhood Properties L.L.C. in favor of Habib American Bank in the original principal amount of $680,000.00, as assigned to First Niagara by an Allonge dated as of June 19, 2012; (b) Promissory Note dated as of April 1, 2010 made by Brookview Town Houses LLC in favor of Habib American Bank in the original principal amount of $265,000.00, as assigned to First Niagara by an Allonge dated as of June 19, 2012; (c) Promissory Note dated as of April 7, 2010 made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $332,367.00, as consolidated with a Promissory Note dated as of February 17, 2012 made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $183,865.22 to form a single consolidated promissory note in the principal amount of $500,000.00, and as assigned to First Niagara by an Allonge dated as of June 19, 2012; and (d) Promissory Note dated as of February 17, 2012 made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $100,000.00, as assigned to First Niagara by an Allonge dated as of June 19, 2012. PAY TO THE ORDER OF REALFI REAL ESTATE INVESTMENT TRUST LLC, A DELAWARE SERIES LIMITED LIABILITY COMPANY AT ITS OFFICES AT 707 WESTCHESTER AVENUE, SUITE 305, WHITE PLAINS, NEW YORK 10604 1, ITS SUCCESSORS, LEGAL REPRESENTATIVES AND/OR ASSIGNS, WITHOUT RECOURSE, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, EXCEPT AS SET FORTH IN THAT CERTAIN LOAN SALE AGREEMENT DATED AS OF EVEN DATE HEREWITH. [Signature appears on Following Page] 4596617.vl FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 02/10/2023 IN WITNESS WHEREOF, the Assignor has made and executed this Non-Recourse Assignment of Assignment of Leases and Rents as of the day of October 2020. COR HOLDINGS LLC By: Name: Carksini Title: Member/Manager STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) On the day of October 2020, before me, the undersigned, a notary public in and for said state, personally appeared Carl Orsini, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the corporation upon behalf of which the individual acted, executed the instrument. Not ry Public SCOTTA. UCKSTEIN of New York Notary Public, State Qualified in Onondaga Co., No. 02Ll4133888 Commission Expires August 31, 202,2 4596617.vt