Preview
FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
Gulf Harbour Investments Corporation,
Plaintiff, AFFIDAVIT OF MAILING
vs. INDEX NO.: 135020/2021
Avi Foox; RAB Performance Recoveries LLC; American MORTGAGED PREMISES:
Express Centurion Bank; Unifund CCR Partners; John Doe 58 Darcey Avenue
#1 through #6, and Jane Doe #1 through #6, the last twelve Staten Island, New York 10314
names being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or Block: 2086
corporations, if any, having or claiming an interest in or lien Lot: 29
upon the premises being foreclosed herein,
Defendants.
Cynthia Wallsos
, being duly sworn, deposes and says:
Second Assistant Vice
1. I am a PresideN Specialized Loan Servicing LLC ("SLS"),
servicer for Plaintiff, Gulf Harbour Investments Corporation ("Plaintiff'), and I am authorized to
make this Affidavit on behalf of Plaintiff. A copy of the Limited Power of Attorney authorizing
SLS to act on behalf of Plaintiff, is attached hereto as Exhibit A.
2. SLS is currently the servicer of the mortgage loan underlying this action.
3. I make this affidavit based on my review of SLS's business records, as more fully
described below. I am over the age of 18 and competent to testify as to the matters contained in
this affidavit.
4. I have access to SLS's business records, including the business records for and
relating to the loan of Avi Foox (the "Borrower"). I make this affidavit based upon my review of
SLS's records relating to the Borrower's loan, including proof of mailing documents, and from
my own personal knowledge of how such records are kept and maintained. The loan records for
the Borrower are maintained by SLS in the course of its regularly conducted business activities
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
Gulf Harbour Investments Corporation,
Plaintiff, AFFIDAVIT OF MAILING
vs. INDEX NO.: 135020/2021
Avi Foox; RAB Performance Recoveries LLC; American MORTGAGED PREMISES:
Express Centurion Bank; Unifund CCR Partners; John Doe 58 Darcey Avenue
#1 through #6, and Jane Doe #1 through #6, the last twelve Staten Island, New York 10314
names being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or Block: 2086
corporations, if any, having or claiming an interest in or lien Lot: 29
upon the premises being foreclosed herein,
Defendants.
Cynthla Wallace
, being duly swom, deposes and says:
Assistant Vice Presidenbf
1. I am a Second Specialized Loan Servicing LLC ("SLS"),
servicer for Plaintiff, Gulf Harbour Investments Corporation ("Plaintiff"), and I am authorized to
make this Affidavit on behalf of Plaintiff. A copy of the Limited Power of Attorney authorizing
SLS to act on behalf of Plaintiff, is attached hereto as Exhibit A.
2. SLS is currently the servicer of the mortgage loan underlying this action.
3. I make this affidavit based on my review of SLS's business records, as more fully
described below. I am over the age of 18 and competent to testify as to the matters contained in
this affidavit.
4. I have access to SLS's business records, including the business records for and
relating to the loan of Avi Foox (the "Borrower"). I make this affidavit based upon my review of
SLS's records relating to the Borrower's loan, including proof of mailing documents, and from
my own personal knowledge of how such records are kept and maintained. The loan records for
the Borrower are maintained by SLS in the course of its regularly conducted business activities
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and are made at or near the time of the event, by or from information transmitted by a person with
knowledge.
5. My personal knowledge of SLS's record-keeping includes a familiarity and
understanding with SLS's practices for sending the pre-foreclosure notices described in this
affidavit. For each notice described, SLS has a process for ensuring that the notice is accurately
mailed to the correct address, and that a record of that mailing is created at the time of
processing. While SLS's process for generating the notices and placement of those notices in the
correct envelopes is automated, I am able to ascertain that a notice was sent in accordance with
these processes based on the creation of the record into SLS's servicing system, an event that is
triggered only upon the actual mailing of the notice. Based on my personal knowledge and
familiarity with the above-described processes and SLS's record-keeping practices and procedures
for those mailings, I am able to attest that each notice described below was mailed on the specified
date and through the specified manner of delivery.
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6. Based on the business records associated with this loan and my personal familiarity
therewith, a Notice of Default dated January 29, 2021 was sent by regular first class mail and
certified mail under the exclusive care and custody of the United States Postal Service addressed
to the following person at the addresses set forth below:
First Class Mail
Avi Foox
58 Darcey Avenue
Staten Island, NY 10314
Date of Mailing: 01/29/21
Certified Mail
Avi Foox
58 Darcey Avenue
Staten Island, NY 10314
Date of Mailing: 01/29/21
Certified Mailing #: 70123050000079225939
8. It is SLS's regular practice and process to retain on file, true and correct copies of
the Notice of Default. These records are imaged at the time of processing by authorized persons. I
am able to ascertain that a notice was sent in accordance with these processes based on the creation
of the record into SLS's servicing system, an event that is triggered only upon the actual mailing
of the notice. True and correct copies of the letters dated January 29, 2021 are attached hereto as
Exhibit B.
9. Based on the business records associated with this loan and my personal familiarity
pre- December
therewith, a ninety-day (90) foreclosure notice dated 11, 2020 was sent by regular
first class and certified mail under the exclusive care and custody of the United States Postal
Service addressed to the following person at the addresses set forth below:
First Class Mail
Avi Foox
58 Darcey Avenue
Staten Island, NY 10314
Date of Mailing: 12/11/20
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Certified Mail
Avi Foox
58 Darcey Avenue
Staten Island, NY 10314
Date of Mailing: 12/11/20
Certified Mailing #: 71901110766252663106
10. It is SLS's regular practice and process to retain on file, true and correct copies of
the ninety-day (90) pre-foreclosure notice(s), including the certified mail number(s) associated
with the certified mailing(s). These records are imaged at the time of processing by authorized
persons. I am able to ascertain that a notice was sent in accordance with these processes based on
the creation of the record into SLS's servicing system, an event that is triggered only upon the
actual mailing of the notice. A true and correct copy of the letters dated December 11, 2020 is
attached hereto as Exhibit C.
11. For each loan serviced by SLS, SLS maintains a comment log that each employee
makes entry into for every communication or correspondence made or sent to any party in relation
to the specific loan. This comment log is created and maintained in the ordinary course its
regularly conducted servicing activities and are made at or near the time of the event, by or from
information transmitted by a person with knowledge. A copy of said comment log is annexed to
this affidavit as Exhibit D. Said comment log indicates that the Notice of Default were sent on
January 29, 2021 via first class and certified mail, with certified mailing
#70123050000079225939. Said comment log indicates that the ninety-day (90) pre-foreclosure
notice was generated and sent on December 11, 2020 with certified mailing #
71901110766252663106.
12. It is SLS's regular practice and process to retain on file, a true and correct copy of
any filing receipts received from the New York State Department of Financial Services. A true
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and correct copy of the New York State Department of Financial Services Proof of Filing
Statement concerning Borrower's Mortgage is attached hereto as Exhibit E.
13. I hereby certify that the foregoing facts are true. I am aware that if any of the
foregoing facts made by me are willfully false, I am subject to punishment.
SLS servicer for Gulf Harbour Investments
Corporation
SEP 0 8 2023
BY
DATE:
Second Assistant President
Subscribed and sworn to before me in said County
9"
this of , 2023 PARRISH
day H N LET A
NOTARY PUBLIC
By NO A y 2 4 40 8
couniss10N EXPtRES04/0912026
Notary Public Henrietta Parrish sy
State of Colorado
County of Arapahoe
Commission expires: 04-04 POSS
My
Personally Known OR Produced Identification A 4 .
Type of Identification Produced:
6 of 218
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TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING
OUTSIDE OF NEW YORK
STATE OF Colorado )
) ss.:
COUNTY OF Arapahoe
)
On the day of in the year 20 before me, the undersigned, a Notary
Public in and for said State, ersonally appeared Cynthia Wallace 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 Affidavit of Mailing and swore to me that she executed same in her capacity, and
that by her signature on the instrument, the individual or the person upon behalf of which the
individual acted, executed the Affidavit of Mailing, and that such individual made such
appearance before the undersigned age in
Colorado
HENRIETTA PARRISH
NOTARY PUBLIC
Public STATE OF COLORADO
tary
NOTARY ID 20214014068
COMMISSIONEXPtRES04/09/2025
Personally Known OR
Produced Identification ft dt.
Type of Identification Produced: 45 4
Page 6 of 7
21-05119NY
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"A"
Exhibit
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Prepared by: Specialized Loan Servicing LLC
When recorded return to:
Specialized Loan Servicing LLC
8742 Lucent Blvd., Suite 300
Highlands Ranch, CO 80129
Attention: Document Comrol
LIMITED POWER OF ATTORNEY
This Limited Power of Attorney is made in cotinection with that certain Servicing
Agmement by and between Gulf Harbour Investment Corporation (the "Ownere) and Specialized
Loan Servicing LLC (the "Servicer") dated as of August 24, 2Òl 8 (the "Agreement").
Owner hereby makes, constitutes and appoints Servicer, by and through the Servicer's
officers, Owner's true and lawful attorney-in-f'act, in Owner's tiame, place arid stead and for
Owner's benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the
Agreement (the "Mortgage beans") for the purpose of performing, with regard to the Mortgage
Loans, such acts and executing such documents in the name of Owner necessary and appropriate to
effectuate the following enumerated transactions held by.Owner on its own behalf and on behalf of
any of its designee or affiliates who may be appointed from time to time under the Agreement.
This sppointment shall apply to the following enumerated transactions:
l. To execute, acknowledge, seal and deliver Mortgage Note endorsements, lost note
affidavits, assignments of .Mortgages and Deeds of Trust and other security
instruments, satisfactions, releases and reconveyances of Mortgages and Deeds bf
Trust, subordinations, modifications, tax authority notifications and declarations,- biUs
of sale, and other instruments of sale, conveyance and transfer, appropriately
completed, with all ordinary and necessary endorsements acknowledgments
affidavits, and supporting documents as may be necessary or appropriate to effect its
execution, delivery, conveyance, recordation or filing.
2. To execute and deliver insurance filings and claims, affidavits of debt, substitutions
of trustee. substitútions of counsel, non-military affidavits, notices of rescission,
foreclosure deeds, transfer tax affidavits, affidavits of merit, verifications of
complaints, notices to quit, bankruptcy declarations for the purpose of filing motions
to lift stays, and other documents or notice filings on behalf of Owner ha connection
with insurance, foreclosure, bänkruptcy and eviction actions.
3. To endorse any checks or other instruments received by the Servicer and
made payable to Owner.
4. To pursue any deficiency, debt or other obligation, secured or unsecured, including
but not limited to those arising from foreclosure or other sale, promissory note or
check
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5. To pursue the conveyance of properties to the mortgage insurer, or the closing of title
to the property to be acquired as real estate owned. or conveyance of title to real
estate owned.
6. The completion of loan assumptiori agreements and recordation of same,
7, To execute and deliver all instruments of satisfaction or cancellation, or of partial.or
full release, discharge and all other comparable instruments. with respect to the
Mortgage Loans.
8. With respect to a Mortgage or Deed of Trust. the foreclosure, the taking of a deed in
lieu of foreclosure; or the completion of judicial or non-judicial foreclosure or
termination, cancellation or rescission of any such foreclosure, including, without
limitation, any and all of the followingacts:
a. The substitution of trustee(s) servicing under a Deed of Trust, in accordance with
state law and the Deed of Trust;
b. The preparation and issuance of statements ofhreach or non-performance;
c. The preparation and filing of notice s. of default and/or notices of sale;
d. The cancellation/rescission of notices of default and/or notices of sale:
e. The taking of deed-in-lieu of foreelosure; and
f. The preparation and execution of such other documents and performance of such
other actions as may be necessary under the terms of the Mortgage, Deed of Trust
or state law to expeditiously complete the transactions in paragraph 7.a. through
7.e. above.
9. With respect to other security instruments the power to perform any other necessary
acts of foreclosure and/or eviction.
10. With respect to the sale of real acquired through a foreclosure or deed-in-
property
lieu of foreclosure, including without limitation the execution of the following
documentation:
a. Listing agreements;
b. Purchase and sale agreentents;
c. Grant, warranty or quit claim deeds or any other deed causing the transfer of title
to the property to a party contracted to purchase same:
d. Escrow instructions;and
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e. Àny and all docuntents necessary to effect the transfer of real property.
1 l. The mod ification or amendment of escrow agreements established for repairs to the
mortgaged property.
12. The endorsement of loss drafh or other checks that is necessary to effectuate proper
servicing of the Mortgage Loan.
13. To do any other act or complete any other document deemed necessary or app opriate
to service and administer the Mortgage Loans in accordance with, and subject to the
terms and requirements of, the greement,
The undersigned gives the Servicer full power and authority to execute such instruments and
to do. and.perform all and every act and thing necessary and proper to carry into effect the power or
poƒers granted by or under this Limited Power of Attorney as fully as. the undersigned might or
could do, and hereby does ratify and confirm to all the Limited Power of Attorney shall be effective
as of the date written below.
Owner will not be responsible for inspection of any items being executed pursuant to this
L.imited Power of Attorney and as such, is relying upon the Servicer to undertake whatever
pmcedures may be necessary to confirm the accuracy of such items.
Third parties without actual notice may rely upon the exercise of the power granted under
this Limited Power of Attorney and niay be satisfied that this Limited Power of Attorney shall
continue in full force and effect and has not been revoked unless an instrument of revocation has
been made in writing by the undersigned.
Any third party may rely upon a copy of this Limited Power of Attorney, to the same extent
as if it were an originsi, and shall be entitled to rely on a writing signed by the Servicer to establish
conclusively the identity of a particular right, power, capacity, asset, liability, obligation, property,
loan or commitment of Servicer for all purposes of this Limited Power of Attorney
Servicer shall not be obligated to furnish bond or other security in connection with its
actions hereunder. Owner is indenmified for Servicer's actions in connection with the exercise of
the powers granted hereunder in accordance with the indemnification provided in the Agreement.
Owner authorizes Servicer, by and through any of its. directors or officers, or any other
employee who is duly authorized by Servicer to certify, deliver and/or record copies and originals
of this Limited Power of Attorney.
If
Preview
FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Gulf Harbour Investments Corporation, Plaintiff, AFFIDAVIT OF MAILING vs. INDEX NO.: 135020/2021 Avi Foox; RAB Performance Recoveries LLC; American MORTGAGED PREMISES: Express Centurion Bank; Unifund CCR Partners; John Doe 58 Darcey Avenue #1 through #6, and Jane Doe #1 through #6, the last twelve Staten Island, New York 10314 names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or Block: 2086 corporations, if any, having or claiming an interest in or lien Lot: 29 upon the premises being foreclosed herein, Defendants. Cynthia Wallsos , being duly sworn, deposes and says: Second Assistant Vice 1. I am a PresideN Specialized Loan Servicing LLC ("SLS"), servicer for Plaintiff, Gulf Harbour Investments Corporation ("Plaintiff'), and I am authorized to make this Affidavit on behalf of Plaintiff. A copy of the Limited Power of Attorney authorizing SLS to act on behalf of Plaintiff, is attached hereto as Exhibit A. 2. SLS is currently the servicer of the mortgage loan underlying this action. 3. I make this affidavit based on my review of SLS's business records, as more fully described below. I am over the age of 18 and competent to testify as to the matters contained in this affidavit. 4. I have access to SLS's business records, including the business records for and relating to the loan of Avi Foox (the "Borrower"). I make this affidavit based upon my review of SLS's records relating to the Borrower's loan, including proof of mailing documents, and from my own personal knowledge of how such records are kept and maintained. The loan records for the Borrower are maintained by SLS in the course of its regularly conducted business activities 1 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Gulf Harbour Investments Corporation, Plaintiff, AFFIDAVIT OF MAILING vs. INDEX NO.: 135020/2021 Avi Foox; RAB Performance Recoveries LLC; American MORTGAGED PREMISES: Express Centurion Bank; Unifund CCR Partners; John Doe 58 Darcey Avenue #1 through #6, and Jane Doe #1 through #6, the last twelve Staten Island, New York 10314 names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or Block: 2086 corporations, if any, having or claiming an interest in or lien Lot: 29 upon the premises being foreclosed herein, Defendants. Cynthla Wallace , being duly swom, deposes and says: Assistant Vice Presidenbf 1. I am a Second Specialized Loan Servicing LLC ("SLS"), servicer for Plaintiff, Gulf Harbour Investments Corporation ("Plaintiff"), and I am authorized to make this Affidavit on behalf of Plaintiff. A copy of the Limited Power of Attorney authorizing SLS to act on behalf of Plaintiff, is attached hereto as Exhibit A. 2. SLS is currently the servicer of the mortgage loan underlying this action. 3. I make this affidavit based on my review of SLS's business records, as more fully described below. I am over the age of 18 and competent to testify as to the matters contained in this affidavit. 4. I have access to SLS's business records, including the business records for and relating to the loan of Avi Foox (the "Borrower"). I make this affidavit based upon my review of SLS's records relating to the Borrower's loan, including proof of mailing documents, and from my own personal knowledge of how such records are kept and maintained. The loan records for the Borrower are maintained by SLS in the course of its regularly conducted business activities 2 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 and are made at or near the time of the event, by or from information transmitted by a person with knowledge. 5. My personal knowledge of SLS's record-keeping includes a familiarity and understanding with SLS's practices for sending the pre-foreclosure notices described in this affidavit. For each notice described, SLS has a process for ensuring that the notice is accurately mailed to the correct address, and that a record of that mailing is created at the time of processing. While SLS's process for generating the notices and placement of those notices in the correct envelopes is automated, I am able to ascertain that a notice was sent in accordance with these processes based on the creation of the record into SLS's servicing system, an event that is triggered only upon the actual mailing of the notice. Based on my personal knowledge and familiarity with the above-described processes and SLS's record-keeping practices and procedures for those mailings, I am able to attest that each notice described below was mailed on the specified date and through the specified manner of delivery. 3 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 6. Based on the business records associated with this loan and my personal familiarity therewith, a Notice of Default dated January 29, 2021 was sent by regular first class mail and certified mail under the exclusive care and custody of the United States Postal Service addressed to the following person at the addresses set forth below: First Class Mail Avi Foox 58 Darcey Avenue Staten Island, NY 10314 Date of Mailing: 01/29/21 Certified Mail Avi Foox 58 Darcey Avenue Staten Island, NY 10314 Date of Mailing: 01/29/21 Certified Mailing #: 70123050000079225939 8. It is SLS's regular practice and process to retain on file, true and correct copies of the Notice of Default. These records are imaged at the time of processing by authorized persons. I am able to ascertain that a notice was sent in accordance with these processes based on the creation of the record into SLS's servicing system, an event that is triggered only upon the actual mailing of the notice. True and correct copies of the letters dated January 29, 2021 are attached hereto as Exhibit B. 9. Based on the business records associated with this loan and my personal familiarity pre- December therewith, a ninety-day (90) foreclosure notice dated 11, 2020 was sent by regular first class and certified mail under the exclusive care and custody of the United States Postal Service addressed to the following person at the addresses set forth below: First Class Mail Avi Foox 58 Darcey Avenue Staten Island, NY 10314 Date of Mailing: 12/11/20 4 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 Certified Mail Avi Foox 58 Darcey Avenue Staten Island, NY 10314 Date of Mailing: 12/11/20 Certified Mailing #: 71901110766252663106 10. It is SLS's regular practice and process to retain on file, true and correct copies of the ninety-day (90) pre-foreclosure notice(s), including the certified mail number(s) associated with the certified mailing(s). These records are imaged at the time of processing by authorized persons. I am able to ascertain that a notice was sent in accordance with these processes based on the creation of the record into SLS's servicing system, an event that is triggered only upon the actual mailing of the notice. A true and correct copy of the letters dated December 11, 2020 is attached hereto as Exhibit C. 11. For each loan serviced by SLS, SLS maintains a comment log that each employee makes entry into for every communication or correspondence made or sent to any party in relation to the specific loan. This comment log is created and maintained in the ordinary course its regularly conducted servicing activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. A copy of said comment log is annexed to this affidavit as Exhibit D. Said comment log indicates that the Notice of Default were sent on January 29, 2021 via first class and certified mail, with certified mailing #70123050000079225939. Said comment log indicates that the ninety-day (90) pre-foreclosure notice was generated and sent on December 11, 2020 with certified mailing # 71901110766252663106. 12. It is SLS's regular practice and process to retain on file, a true and correct copy of any filing receipts received from the New York State Department of Financial Services. A true 5 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 and correct copy of the New York State Department of Financial Services Proof of Filing Statement concerning Borrower's Mortgage is attached hereto as Exhibit E. 13. I hereby certify that the foregoing facts are true. I am aware that if any of the foregoing facts made by me are willfully false, I am subject to punishment. SLS servicer for Gulf Harbour Investments Corporation SEP 0 8 2023 BY DATE: Second Assistant President Subscribed and sworn to before me in said County 9" this of , 2023 PARRISH day H N LET A NOTARY PUBLIC By NO A y 2 4 40 8 couniss10N EXPtRES04/0912026 Notary Public Henrietta Parrish sy State of Colorado County of Arapahoe Commission expires: 04-04 POSS My Personally Known OR Produced Identification A 4 . Type of Identification Produced: 6 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 TO BE COMPLETED, IN ADDITION TO JURAT (ABOVE), IF EXECUTING OUTSIDE OF NEW YORK STATE OF Colorado ) ) ss.: COUNTY OF Arapahoe ) On the day of in the year 20 before me, the undersigned, a Notary Public in and for said State, ersonally appeared Cynthia Wallace 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 Affidavit of Mailing and swore to me that she executed same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the Affidavit of Mailing, and that such individual made such appearance before the undersigned age in Colorado HENRIETTA PARRISH NOTARY PUBLIC Public STATE OF COLORADO tary NOTARY ID 20214014068 COMMISSIONEXPtRES04/09/2025 Personally Known OR Produced Identification ft dt. Type of Identification Produced: 45 4 Page 6 of 7 21-05119NY 7 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 "A" Exhibit 8 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 Prepared by: Specialized Loan Servicing LLC When recorded return to: Specialized Loan Servicing LLC 8742 Lucent Blvd., Suite 300 Highlands Ranch, CO 80129 Attention: Document Comrol LIMITED POWER OF ATTORNEY This Limited Power of Attorney is made in cotinection with that certain Servicing Agmement by and between Gulf Harbour Investment Corporation (the "Ownere) and Specialized Loan Servicing LLC (the "Servicer") dated as of August 24, 2Òl 8 (the "Agreement"). Owner hereby makes, constitutes and appoints Servicer, by and through the Servicer's officers, Owner's true and lawful attorney-in-f'act, in Owner's tiame, place arid stead and for Owner's benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Agreement (the "Mortgage beans") for the purpose of performing, with regard to the Mortgage Loans, such acts and executing such documents in the name of Owner necessary and appropriate to effectuate the following enumerated transactions held by.Owner on its own behalf and on behalf of any of its designee or affiliates who may be appointed from time to time under the Agreement. This sppointment shall apply to the following enumerated transactions: l. To execute, acknowledge, seal and deliver Mortgage Note endorsements, lost note affidavits, assignments of .Mortgages and Deeds of Trust and other security instruments, satisfactions, releases and reconveyances of Mortgages and Deeds bf Trust, subordinations, modifications, tax authority notifications and declarations,- biUs of sale, and other instruments of sale, conveyance and transfer, appropriately completed, with all ordinary and necessary endorsements acknowledgments affidavits, and supporting documents as may be necessary or appropriate to effect its execution, delivery, conveyance, recordation or filing. 2. To execute and deliver insurance filings and claims, affidavits of debt, substitutions of trustee. substitútions of counsel, non-military affidavits, notices of rescission, foreclosure deeds, transfer tax affidavits, affidavits of merit, verifications of complaints, notices to quit, bankruptcy declarations for the purpose of filing motions to lift stays, and other documents or notice filings on behalf of Owner ha connection with insurance, foreclosure, bänkruptcy and eviction actions. 3. To endorse any checks or other instruments received by the Servicer and made payable to Owner. 4. To pursue any deficiency, debt or other obligation, secured or unsecured, including but not limited to those arising from foreclosure or other sale, promissory note or check 9 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 5. To pursue the conveyance of properties to the mortgage insurer, or the closing of title to the property to be acquired as real estate owned. or conveyance of title to real estate owned. 6. The completion of loan assumptiori agreements and recordation of same, 7, To execute and deliver all instruments of satisfaction or cancellation, or of partial.or full release, discharge and all other comparable instruments. with respect to the Mortgage Loans. 8. With respect to a Mortgage or Deed of Trust. the foreclosure, the taking of a deed in lieu of foreclosure; or the completion of judicial or non-judicial foreclosure or termination, cancellation or rescission of any such foreclosure, including, without limitation, any and all of the followingacts: a. The substitution of trustee(s) servicing under a Deed of Trust, in accordance with state law and the Deed of Trust; b. The preparation and issuance of statements ofhreach or non-performance; c. The preparation and filing of notice s. of default and/or notices of sale; d. The cancellation/rescission of notices of default and/or notices of sale: e. The taking of deed-in-lieu of foreelosure; and f. The preparation and execution of such other documents and performance of such other actions as may be necessary under the terms of the Mortgage, Deed of Trust or state law to expeditiously complete the transactions in paragraph 7.a. through 7.e. above. 9. With respect to other security instruments the power to perform any other necessary acts of foreclosure and/or eviction. 10. With respect to the sale of real acquired through a foreclosure or deed-in- property lieu of foreclosure, including without limitation the execution of the following documentation: a. Listing agreements; b. Purchase and sale agreentents; c. Grant, warranty or quit claim deeds or any other deed causing the transfer of title to the property to a party contracted to purchase same: d. Escrow instructions;and 10 of 218 FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/11/2023 e. Àny and all docuntents necessary to effect the transfer of real property. 1 l. The mod ification or amendment of escrow agreements established for repairs to the mortgaged property. 12. The endorsement of loss drafh or other checks that is necessary to effectuate proper servicing of the Mortgage Loan. 13. To do any other act or complete any other document deemed necessary or app opriate to service and administer the Mortgage Loans in accordance with, and subject to the terms and requirements of, the greement, The undersigned gives the Servicer full power and authority to execute such instruments and to do. and.perform all and every act and thing necessary and proper to carry into effect the power or poƒers granted by or under this Limited Power of Attorney as fully as. the undersigned might or could do, and hereby does ratify and confirm to all the Limited Power of Attorney shall be effective as of the date written below. Owner will not be responsible for inspection of any items being executed pursuant to this L.imited Power of Attorney and as such, is relying upon the Servicer to undertake whatever pmcedures may be necessary to confirm the accuracy of such items. Third parties without actual notice may rely upon the exercise of the power granted under this Limited Power of Attorney and niay be satisfied that this Limited Power of Attorney shall continue in full force and effect and has not been revoked unless an instrument of revocation has been made in writing by the undersigned. Any third party may rely upon a copy of this Limited Power of Attorney, to the same extent as if it were an originsi, and shall be entitled to rely on a writing signed by the Servicer to establish conclusively the identity of a particular right, power, capacity, asset, liability, obligation, property, loan or commitment of Servicer for all purposes of this Limited Power of Attorney Servicer shall not be obligated to furnish bond or other security in connection with its actions hereunder. Owner is indenmified for Servicer's actions in connection with the exercise of the powers granted hereunder in accordance with the indemnification provided in the Agreement. Owner authorizes Servicer, by and through any of its. directors or officers, or any other employee who is duly authorized by Servicer to certify, deliver and/or record copies and originals of this Limited Power of Attorney. If