Preview
FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/12/2023
EXHIBIT A
FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018
INDEX NO. 135548/2018
FILED:
NYSCEF DOC. RICHIGND
NO. 130 COUNTY CLERK 09 21 5 : 18 RECEIVED NYSCEF: 06/12/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
DEUTSCHE BANK NATIONAL TRUST CERTIFICATE OF MERIT
COMPANY, AS TRUSTEE FOR AMERIQUEST
MORTOAGE SECURITIES INC., ASSET-BACKED
PASS-THROUGH SBRIES 2005-
CERTIFICATES,
R7,
Plaintiff, INDEX NO.135548/2018
s. Date of Filing:
KEN WEBER A/K/A KENNETH J. WEBER; NEW
09/21/2018
YORK CITY ENVIRONMENTAL CONTROL
BOARD; NEW YORK CITY PARKINO
VlOLATIONS BUREAU: NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
#1" #12,"
"JOHN DOE through "JOHN DOE the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property, described in the complaint,
Defendant(s).
___..__. _.__ _._____. _____ _._ _..-
l. I am an attorney duly licensed to practice in the state of New York and am affiliated
with the law firm of RAS BORISKIN, LLC, the attorneys for the above-named
plaintiff.
2. I communicated with TIFFANY HOLLIS, a CONTRACT MANAGEMENT
COORDINATOR of plaintiff or plaintiffs servicer, who informed me that she
personally reviewed plaintiffs documents and records relating to this case for factual
accuracy.
3. Based upon my communication with plaintifTs representative, as well as upon my
own inspection of the documents and other diligent inquiry, I certify that to the best of
my knowledge. information and belief, these exists a reasonable basis for the
commencement of a mortgage foreclosure action and that plaintiffor its nominee is
1|lAllgMillHINAAAAA 1|lNIAIMBllAllNEN11A EllAAMINIAAlli
18-204752 - MeM
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INDEX NO. 135548/2018
[FILED:
NYSCEF DOC. RICHhDND
NO. 130 COUNTY CLERK 09/21/2018 05: 18 IN RECEIVED NYSCEF: 06/12/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
entitled to enforce its rights under the loan documents in accordance with applicable
law.
4. All of the relevant documents. all of which have been reviewed by me, are attached to
this Certificate of Merit.
Dated:
20 M
Westbury, New York
BY:_ ___ __
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETlI SHACHTER, ESQ.
[¼] ALECIA C. DANIEL, ESQ.
18-204752 - MeM
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NYSCEF RICHIEND
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
mN
AD.fUSTABLE RATE NOTE
(LISOR Index - Rate
Cape)
THIO NOTE CONTAINS PRDWIOl0NS ALLOWING FOR CHANGES N MT INTAIEST MATE AND MY MONTHLY
PAVIENT. THIS NOTE LIMIT3 THE AMOUNT MY INIMtEAT RATE CAN CHANGE AT ANY ONE TIAM AND THE
MAIGMilM RATE I MUST PAY.
June 35,2005 Orange CA
In I good telami
473 COLLPIECO AVE, Stolen legend,NY 10314
Mþngl
IRepmNy
1. 80RROWER'3 Pit0MISE 70 PAY
in nann Ibr a loan that I has secahed, I pumlee to pay U.S. 8 378,800.00 ghle smount is esAnd "pdncipan, plue
intenst, to me onfer of the I.ender. The I.ender le Amedquest Mortgage Comperv .
I amderstand thet the Lander msy treneferINe Note. The Londer or enyone who takes tNo Note by transfer end who le
Holder."
enBled io seceive payments underthb Nole le ceAndthe "Note
3. INTNIEST
Internet wA tie charged on unpaid pdnutal uns the As emount of princtal has been psM. I wn psy intementat a
yeedy rate of e.9AA 5. Thle Interest rate I will psy Insy change in escordance with Section 4 of tMs Nolo.
The Internet rate required tly thle Soctbn 2 and Section 4 of this Note b the role I will psy holh belbge emi siler any
detiult descrApedIn Socilon TS) of thIn Note.
3. PATMENT8
(A) Tbne and Plees of Perments
I wM pay principal and Interest by moldng payments every rnonth.
I vdt muke my monINy payments on the th t day of each nuinin begirming on Augu t 1, 3AAA .
I wAl make these paymeme every monlh unm I Inne peM ell of me pdnc!mi and Inlegent end any olher chages
descubed bekny that I may owe under tMe Note. My montMy payments wA be sppled to Nefeat before princpeL
N, on Juk 1, 3038 , I elA owe emourds under this Note, I wil p y those annume in hA on that date, which le
onged the "Meludly DeteP.
I wA make my payments st: 895 CNy Partmmy Weef, 8une inth Omngs, CA83AAA
or at a diferent piece if seq ed by the Note Hokler.
p) Agneunt of My Inning MonAtly Payments
Each of my Intlel monthly paymenia wil be in the amount of U.S. S 3,991.84, 1th amount iney mange.
(CI MenlMy Payment Changes
Changes in iny monlMy payment wN neum charges h the unpeId pducipal of ng foen end In the Irderest reis
that I must pay. The Note Holder wM detemdne my new interest role end the changed smount of my monlhly
psyment In seconlance wnh Seonon 4 of this Note.
4, INTAIEST NATE AND MOffrHLY PAYMENT CHANGES
(Al Change Dates
The titernal role I un psy may change on the IInt day of JuW, 3007 , and on that day every endh InenIh
Dele.'
therester. Each dele on whkih my intelect rate couM change In celed a "Chenge
(B) The Indom
segmeag with the But Change Dele, my Internet rate wHI be bened on en inden. The "Indet le ths ever go of
Interbank othmed rules Ibr obs.month U.8. doneNienomingled depoelts In the London market ("LIBOR'), 95
p Ilehed In The Wei Sirmet JoumsL The most recent Index IIgure eveeshle so of the date 45 dgye before the
Change Dale le asIed the 'Current Indat?
If et eny point Ill Ilms the Index le no longer eveneMe, the Note Holder wE choose a new Index that le based agion
cornpendde Inlbrmenon. The Ntde Hokler wN give me notice of als choice.
(c) Calculedon of Changes
estus each Change Dela, the Note Holder wE calculele my new Irdment role by edding els and onequ nor
pneumage point e) (e.350 %) to me Currard Index. The Note HoMer w men mund the mod of ale eddEen to
the noment one-eight of ane percent (0.125%). Sutgest to the ImIn staged h Assilon 40) bolsw, 1Ms munded
emount an be my new Irderest rate until the next Clunge Dete. The Note Hokler wUIthen determhe the ornount
of the monlNy payment that wouki De sulAclent 1b rapsy the uppeM primdpol that I em expeoled to owe et the
Change Date In Adi on the Maturity Date st my new Irrierest rete In subatenHegy equel p ym nis. The med of
eds colouisilon wil be Onenew emount of my monRdy paymeNL
- - -
Insmis
m-wr sum 1 of 3 sememoe4:mes pu
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NYSCEF RICHNOND
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
*
Los aben
(D)'
1.1mns on Interest Anto Changes
The Inlarest rale I am mquked in pay at the Arat Change Dale wM not be greeler than 10.9A0 % or to e then
&959 %. TheseRer, nly Iniment rate WH never be Incmased or deomased on any shale Change Date by more
than One pomengage pointp) ( 1.DAB %) frorn the rate of Interest I have been paying ibr the preceding ek
inonBs. My internet ane wE never be granter than M980 % or iese than A.A89%.
(AI Alfoonve nate ef changes
Mynew inimust rale wA become efeclho on each Change Dele. 1wA pay the amoure of ngy new monghW
payment beghnho on the met monthly payment date aRor the Change Date urd1 the amourt of my monthW
payment changes agan.
(F) Nance of Changes
The Note HoMer wg delbur or msA to me a noAce of any changes In my intemet role and me amow of my
month@ payment before the erecUve dale of any charge. The noloe WAInclude Intenation requbed by few to
be given me and sloo the tMe arni telephone number of a pmeon who wA anager any quespon I Insy have
aganAng 1henotice.
& PHAPAVMENT PAN AL1iGE
I may repay at or any palt of me principal balance of INS Note In motoniance wlh ibe terms of Uds SecAnn wnhout
"Psepayment' Is
hcurdng a propsyment chage. A any arnourlt that 1 pay In excebe of my nguledy acheduled
payments of pdncpol and interent that the I.ender wN apply to reduce the cidolerdng principal balance on this
Note In noconlence wightNo SeclIon.
(A) Appllmenon of Punds
1 agges that when LIndicate In weigrig that 1em maMrg a propsyment, the I.ender shsA apply Amde R reneluse h
accenlance wilh the onger of sppAcellon of payments est ibHh h SecRon 2 of the Securily helniment.
M MenlMy Paymenie
E1 make a prepayment of an amount lose then ae smount needed to oomplela|y mpey sA anomes due under eds
Note and Secudly Insbumens, ngy regularly scheduled paymanlo of pdoclpal and Interent wlA not change so a
result.
8. LGAN CHAAAAA
f a lsw, wMch sppAss to tMs ban and wMch eats madmum loan cheme, is 1•naHy interpreted so mat the interest or
.other loan chmpse cogected or to be conocled h connecdon wilh 1Ns loan meeed the permM d Amia, them @ any
such loan chage shsN be educed by the amount necessary to reduce the chase 1othe pennAted Amlil and (A) any
sums already conected tom me whkfi moneded permnled limne wM be rateded to me. The Note Holder may
choose to Ineha tMe velbnd by nulucing the prhapel 1one under this Note or by mmMnga direct payment to me. If
a gelbnd seduone the principal, the reducilon wE be treated as a pludal propsyment.
7, " PALilRE 10 PAY AS RAGilUtg!D
W hala chusse lor overdue psyments ., ;
If the Note HoMer has not seoelved the f bHamount of any nardNY payment by the end of 1Himono ander days
anerthe date It1s due, 1wlA pay a late chase to the Nets Hokler. The amount of the cheme wAt be 1999 % of my
ouardue paymart of pdnc|pel and trdere t. I wA pay this Into chase promptly but onW once on each late p yment
M 0stut
EI do not psy the Rdi emount of each mordhly paymerd on the dale R In due, I wAl be In deAmit.
(C) Natise of pebult
if i sm h detna me Note Holder may send me a wdtlen nonce teArg me that N I do not psy the ovenlue amourd
by a certain dels, the Note HoMer may req e me to pay ImmagNsleWthe lull amount of princpel wMch has not
been pald and sA the greemptthat 1owe on that amount. The des must be st le at 90 days easr the date on wMoh
the nonce is denvered or malled to me.
(D) No1Nlaher by Note HoMer
Even E, at a time when I am tri default, the Note Holder does not req a me lo pay immediately in fult as desodbed
atous, the Note Holder wlli stM have1he rigM to do so EI em in default at a lasertime.
(Al Puyment of Note HeMere Cents and 8npenese
E >e Note HoMer has requhed me to pay Imrned• ately In ful as descdbed almve, the Note HoMer wAl have me
fight to be peM back by me for an of Ile costs and eqNmmes in enlbrclrg IMs Note to the essent not pshbted tiy
enomers'
appgesMe ism. Thomeexpenses tum gbrememple, reasonuMe Anes.
& GNB18 0F NOTICAS
Unlese appineMe law sequlros a dinerent method, eny noBonthat must be given 10me under eds Note wR be given
by delbering h er by meAng R by ilret olese msA to me at the Property Address above or st e ggAsunt address E I
give me NoteHolder a nollce of my dimmers addsues.
Any notice that alust be given to the Note Hokler umler tMs Note WAIbe given by maling B by 9et clean nudi to the
Note Holder si the admase elated hi Seegon 3(A) Above or at e dilismnt addrese N I em ghen noAmeof that
d1ferent addpass.
9. CAA.1SATIONS cF PAR80NS tlNDER THIS NOff A
If more than one person etna 1Ns Nole, each penen le Adly end paleonelk obligated to keep an of the promises
mode ln mb Note, Inchdng the plomlee to pay the AdI amount owed. Any psmon who In e guar n1or, sumly or
endore r of tMs Nole is also obAgeted to do these1Mngs. Any panon who tehes ov r mese oMganons, heludMg
me oM ganons of a guararder, owety or endomer of tMs Note, h slso obAgsled to heap eA of the promises made bt
eds No1e. The No1sHolder may enforce As righle under this Note against each puman indMdungy or aga•nstall of
us togelher. TNo means dun any one of us may be squired to psy aAof So amounls owed under1Ns Note.
- - -
animis
8"'8
minarewsume essemens417:estwl
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
"" '
. k lumber:
10. W*ANFA6
1and any other pmeon who has obilgollone under1Ns No1s waive the lighle of presentment and nodon of dishonor.
"Pnulaniment"
means ·the right to requke the Note Holder to demand payment of amounge due. "Notice of
Dbhonor"
meene the right to requhe Gie No1s Holder to give notice to other pegsons that amounls due have not
been pold.
11. UN1FORM 880UltED NOTE
ThIs No1s la a untum instrument wilh limited vaitatione in some jurledlcNone. In addalon, to the protecilons given to
the Note Holder under thla Note, A Montgage, Dead of Trust or SecurRy Deed (lho '880tpily inalnsnent'% dated the
some so thle Note, pm1uctsthe Note Holder hom finaaiNm losses whloh might result if I do not keep the promless that
1 make In thle Note. That the Secutfty Instrutnent describes how and under what conditione I may be required to
ngake Immedlete payment in full of an emounge I owe under thls Note, Some of those conditione are described as
fogows:
Transfer of the Paparty or a BeneAclal interest in Borrower. if all or any part of the Property or eny Inter et In it le
sold or transibered (or If a bene8clel Interest In Bormwer la sold or transferred and Dommer 18not a fistural person)
without the Landets prlor wrinen consent, (Ander may, at its optlon, require frtnedlate payment In Ibil of aUsume
secured by this 8ecurity Instrument. However, thle opllon shell not be exercland by Lander If exerdee 18prehAINed
11yfederal tow as of the date of this Securtly Inelrument. Lander also shad not exerclee thle opden E (s) Bonower
causes m tie aubmnted to senderinformation reiguired by Lander to evaluate the Intended transferee as If a new loan
were being made to the tnmeferse; and (b) Lander reasonatHe detemdnes that Landere securky w1Anot be Ingoired
Ily the loan ageumpdon and that the flait of a breach of any covenant or agreement In this Security inelrument is
=feaMa to Lander.
To the extent permitted by applicalde law, Lander may charge a reasonatile ibe as a contetlan of Landers consent to
the loan aneumpilon. Lander rney ulso reguke tie consteree to sign an aneumpson sqpeement that le accep1nble to
lender and that obilgates the trengforce to Iteep all the promises and agreements made In the Note and In this
SecurRy instrument. Bonomer wE coritinue to be obilgaled under the Note and thle Seculty Inclrument unle e
Lander guleeses 8ormwar in writing.
If lander onendees the option to requhe burnedlete payment In Ibil, Lander shall give Bonumer nonce of acceleronort
The notice shsB provide a peded of not less then 80 days from the date the noGce le delivered or melled wilhin which
the Borrower must pay milsume secured tiy thle Seculty Instmment If Bontmar inh 10 pay these sume pilor to tic
eMplrallon of this period, t.ander may limshe any remedies pamallied by this Securlly Insbument without further nolloe
or demand on Bormwar.
1& GOVERNING LAW PROvis10N
This Note and the related Secudly integent ara govemed by Federal end State law eppicable to the jurlediction of
the Property.
oraf ameements, peomlese or oeandbmanis to land money, entend ogedit, or forbear tom enforo1ng sepaygnant
of a debt, InclusAng prognisse to essend, modrly, reneur or waive oush delit, gre not enforesebts. This wrillon
asseement conistne an the tenne me Beneuer(s) and the Lander have amued to. Any subsequent apeansent
meansen us sugartnng thle Note or the Instrument whloh securse thle Note, must tie In a signed wrRing to he
legally enhanientde
WITNMIS THE MAND(S)AND SEA&S) OF THE LINDERSIGNED.
an WEBER Bommer
**0 _ ___ t5"4
Borrower Borrower
a ors commeos4:1tes pm
anerse amme
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NYSCEF RICBdOND
DOC. : NO. 130 COUNTY CLERK 2018 05 : 18 RECEIVED NYSCEF: 06/12/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018
PAYTOTHgo
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DOC. : NO. 130 COUNTY CLERK 09/21/2018 05:18 P RECEIVED NYSCEF: 06/12/2023
NYSCE F DOC. NO. 2 RECEIVED NYSCEF:
09/21/201
Office of the
Richmond County Clerk
130 Stuyvesant Place
Staten Island, NY 10301
ACS-8000D0000012978- 0 0 0 0 0D000017925-822
Hon. Stephen J. Fiala, Clerk
County
and adorsement Cover Page
Recordin9
Dëcument Id: 0D0000000017923 Document Dater 06/23/2005 Preparation Date: 07/13/ 2005
Doctoment Types NORTGAGE
Document Page count: 00022
PRE$ENTER: RETunN To
AVALON ABSTRACT CORP AVALON ABSTRACT CORP
714 SRD AVENUS 714 3RD AVENUE .
A-0005818-RJD5 A-0005818-R/05
BROOKLYN NY, 11232 BROOKLTN NT.. 11232
PROPETT DATA # 0F BLOCK5 1 # CF LATS
Block Lot Unit Address
750 132 Entire Lot 473 COLLEZELD AVENUE
Types - 1
Property Dwelling Only razily
PhiBS
NORTGAGOR INDE NORTGAGEE INDEX
KM WEBB AMRIQUEST EORTGAGE COMPANY
478 COLLEIELD AVENUE 1100 TONN AND COUNTRY RCAD
i
STATM ISLAND NT, 10314 ORANGE CA, 92888
Nortgaga Cons: 4373,500.00
PATHENT DETAIL
Make Cheeks Payable to:
m--=mem========m-memem=--smum--mem=mmu=======-asm-m-m--===memm=mm.mmum-m=
Richmond County clerks 74.00 Recording rees
Richmond County Clerkr 7,626.75 Nortgage Tax
......----............
Total Payments Ror This Documents 7,700.75
me-summs======se=====numammammmssmem=mums-mememem===memem-umm-===memm--a-==
LAND DOCÏ 4110:B
24-flDRTGAGES
NTAM: CM 12474 $7,426.75
07/27/2005 01s51:11 P,n.
$74.00
UL 27
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NYSCEF DOC. : RICHNDND
NO. 130 COUNTY CLERK 09/21/2018 05: 18 P1
RECEIVED NYSCEF: 06/12/2023
NYSCE F DOC. NO. 2 RECE IVE D NY SCEF: 09/21/2018
Retam'Ib:
ameriquest Mortgage
company
P.0. Box 11507,
santa Ana, CA 92711
Prepared By:Amer1 que st MOrt ga go Coap any
panielle carrito
1110 south Ava. # 404
Staten Island, Mr 10S14
i
spmesAhave TMs IJne For Recording Dutm!
µs2 MORTGAGE
WORDS USED OFTENIN THIS DOCUMENT
Instrument." 2005
(A) "Security This document, which is emed sune 23,
tho"BecurityInstrument."
together with all Ridem to this document, will be called
"Barmwer." EBM WEIER
(B)
whose sidress is 473 colifield Avs , staten zstand,mr 10314
"Bonower" "I" "mo."
smactimes win be called and sometimes s'unply or
" amerigamat asortgage
(C) "Lender campany
"Londor."
will be onlled Lender is a corporation or association which exists noder the laws of
Delaware . Leader's address is 110c soun and countzy
Road, suite 200 Orange, CA 92969
NEW VORK - single FamiW- Funnie MueIFreddie Mus UNIFORM INOTRUMEN of m 3s33 141
06/23/2005 4:17:38 PM
AMsNY gong.m
puseversy inmagr:
unpumagume
smeans,rnm.gaggat.nns
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NYSCEF DOC. : RICHMOND
NO. 130 COUNTY CLERK 09/21/2018 05:18 N INDEX
RECEIVED NYSCEF: 06/12/2023
NO. 1355 4 8 /2018
NY SCEF DOC. NO. 2 RECEIVE D NY SCE F: 09 /21/2018
"Note." and dated June 20o5 , will be called
(D) The note signed by Bonower 23,
"Note." hundred seventy-three thensand five
the The Note shows that I own Lander three
hundred and 00/100
Dollus (U.S. 3 373,500. 00 ) plus interest
and other amounts that be payable. I have promised to pay this debt in Periodic Payments and to pay the
may
debt in full by anly 1, 2035 .
." The Paperty,"
section titled "Description ofthe will
(E) "Propert property that is described below in the
be called the Property.
"Lonn." "Loan" charges and
(F) The means the debt ovidenced by the Note, plus interest, any propayment
late charges duo under the Note, and all sums due under this Secunty histrument, plus intmost.
Secured." The amounts desotibed below in tbo section titled "Borrower's Transibr to Leader of
(C) "Sams Paperty" Secured."
Rights in abo gometime will be called the "Sums
"Rklers." Instrument that are signed by Borrower will be called
(H All Riders attached to this S
" ormwer (check as applicable]:
The following Rides are to be signed by
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Developmat Rider 1-4 Parm*ly Rider
VA Rider Biwockly Payment Rider Other(s)[apecify)
Law." ordinances
(1) "AppHeable All controlling licable federal, state and local statute, regulations
and administrative rules and orders have the sShot of law) as well as all applicable final,
Law."
non-appealable,judicial opinions will be led "Applicable
As""""=ats."
(J) "Comninnity AssocIntion Dues, Fees, and All dnes, fees, anagements and other charges
that are impo,sed on Borrower or the Property by a condominian association, homeowners association or
Assessments."
similar organization will be called "Commumty Amociation Dues, Pees, and
(10 "Electronic Phads Transfer." "Electmmc Pands Transfbr" means any transfbr of money, other than
by
check, draft, or mimilar paper instament, which is initiated through an electronic tennmal, telephomc
instrumst, computer, or magnetic tape so as to order, instruch or autliorise a financial institution to debit or
cmdit an account. Sons common examples of an Elecognic Punds Transfbr me point-of-sale transfers
(where a card such as ån asset or debit card is used at a merchant), automated teller machine (or ATM)
transactions, transfbrs initiated by tolophone, wire transfers, and automated clearinghouse transfbrs.
Items," kems."
"Escrew Those items that arc decribed in Section 3 will be called "Escrow
Proceeds." Proceeds"
"Misealtaneous "Miscellaneous means any compensation, settlement, awang of
damages, or proceeds paid by any third party (o6ter than Insurance Pacceds. as defined in. and paid under
the coverage described in Section S ibr: (i) dama , to, or destruction of, the Property", (i0 r½"d"""""*Îa" or
other tainng of all or part of me Property; m) conveystco in lies of Comiemnation or sale to avoid
any
Condenmation; or gv) nusrepresentations of, or omissions as to, the value and/or condition of the Property.
A taking of the Property by an vernmental authority by eminent dontain is lmown as "Cond
Insurance"
(N) "Mortgage Insurance. Mortgage means insarance pmtecting Lender against the
nonpa ent ot', or default on, the Loan.
Payanent." The scheduled amount due lbr ) principal and interest ander the Note,
(0) ", regularly
and ju) any amounts under Section 3 wdl be caEed "Periodic Payment.
' RESPA." "RBSPA"
(P) means the Real Estate Settlempt Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implernenting ation, Regulation X (24 C.P.R. Pat 3500), as they might he armended from time
to time, or any additions or accessor to slation or regulation that governs the same a ject matter. As used
"RESPA"
in this Security Instrument, re to all reqmrements and restrictiona that are miposed in regard to
' loan"
a "RederaHy related mortgage tose" oven ifthe Loan dom not quality as a y related mortgage
under RESPA.
AMENY tonnans museser17 Form 3033 1fD1
06/23/2005 4:17:38
9 of 44
FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018
INDEX NO . 13 5 5 4 8 / 2 0 18
FILED
NYSCEF DOC. : RICHMOND
NO. 130 COUNTY CLERK 0 9/21/ 2018 05 : 18 Pli RECEIVED NYSCEF: 06/12/2023
NYSCE F DOC. NO. 2 RECEIVED NYSCEF : 0 9 /2 1 /2 01
BORROWER'S TRANSFER TO LENDER OF RIGIrrS IN THE PROPERTY
I mortgage, grant sad convey the Pmpety to Leader subject to the tenns of this Security Instrument.
This means that, by signing this S ' Instmmet, I mm Lender those rights that me stated in this
givmp
Securky Instrument sad also those that Applicable Law gwes to lenders who hold mortgages on real
. ( am giving Lander these to protect Leader from possible losses that migpt result irl thil to:
sil the amounts that I owe Leader as stated in the Note including, but not limited to, all renewals,
extens and modidcations of the Note;
(B) Pay, with interest, any amounts that Leader spends under (bis Security Instmmont to protect the value of
the Pmporty and Londer's rights in the Property; and
(C) Keep all of my other promises and agreements under this gecurity Instmment and the Note.
DESCRIPTION OF THE PROPERTY
below"
I glve Lander rights in the Property described in (A) thmugh (0)
(A) 'fhe Property which is located at d73 CorJJZECO AVE
Preview
FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/12/2023 EXHIBIT A FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135548/2018 FILED: NYSCEF DOC. RICHIGND NO. 130 COUNTY CLERK 09 21 5 : 18 RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DEUTSCHE BANK NATIONAL TRUST CERTIFICATE OF MERIT COMPANY, AS TRUSTEE FOR AMERIQUEST MORTOAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH SBRIES 2005- CERTIFICATES, R7, Plaintiff, INDEX NO.135548/2018 s. Date of Filing: KEN WEBER A/K/A KENNETH J. WEBER; NEW 09/21/2018 YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKINO VlOLATIONS BUREAU: NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property, described in the complaint, Defendant(s). ___..__. _.__ _._____. _____ _._ _..- l. I am an attorney duly licensed to practice in the state of New York and am affiliated with the law firm of RAS BORISKIN, LLC, the attorneys for the above-named plaintiff. 2. I communicated with TIFFANY HOLLIS, a CONTRACT MANAGEMENT COORDINATOR of plaintiff or plaintiffs servicer, who informed me that she personally reviewed plaintiffs documents and records relating to this case for factual accuracy. 3. Based upon my communication with plaintifTs representative, as well as upon my own inspection of the documents and other diligent inquiry, I certify that to the best of my knowledge. information and belief, these exists a reasonable basis for the commencement of a mortgage foreclosure action and that plaintiffor its nominee is 1|lAllgMillHINAAAAA 1|lNIAIMBllAllNEN11A EllAAMINIAAlli 18-204752 - MeM 1 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135548/2018 [FILED: NYSCEF DOC. RICHhDND NO. 130 COUNTY CLERK 09/21/2018 05: 18 IN RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 entitled to enforce its rights under the loan documents in accordance with applicable law. 4. All of the relevant documents. all of which have been reviewed by me, are attached to this Certificate of Merit. Dated: 20 M Westbury, New York BY:_ ___ __ [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETlI SHACHTER, ESQ. [¼] ALECIA C. DANIEL, ESQ. 18-204752 - MeM 2 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135 5 4 8 / 2 018 NYSCEF RICHIEND FILEDDOC. : NO. 130 COUNTY CLERK O 9/21/2018 08:19 P1 RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 mN AD.fUSTABLE RATE NOTE (LISOR Index - Rate Cape) THIO NOTE CONTAINS PRDWIOl0NS ALLOWING FOR CHANGES N MT INTAIEST MATE AND MY MONTHLY PAVIENT. THIS NOTE LIMIT3 THE AMOUNT MY INIMtEAT RATE CAN CHANGE AT ANY ONE TIAM AND THE MAIGMilM RATE I MUST PAY. June 35,2005 Orange CA In I good telami 473 COLLPIECO AVE, Stolen legend,NY 10314 Mþngl IRepmNy 1. 80RROWER'3 Pit0MISE 70 PAY in nann Ibr a loan that I has secahed, I pumlee to pay U.S. 8 378,800.00 ghle smount is esAnd "pdncipan, plue intenst, to me onfer of the I.ender. The I.ender le Amedquest Mortgage Comperv . I amderstand thet the Lander msy treneferINe Note. The Londer or enyone who takes tNo Note by transfer end who le Holder." enBled io seceive payments underthb Nole le ceAndthe "Note 3. INTNIEST Internet wA tie charged on unpaid pdnutal uns the As emount of princtal has been psM. I wn psy intementat a yeedy rate of e.9AA 5. Thle Interest rate I will psy Insy change in escordance with Section 4 of tMs Nolo. The Internet rate required tly thle Soctbn 2 and Section 4 of this Note b the role I will psy holh belbge emi siler any detiult descrApedIn Socilon TS) of thIn Note. 3. PATMENT8 (A) Tbne and Plees of Perments I wM pay principal and Interest by moldng payments every rnonth. I vdt muke my monINy payments on the th t day of each nuinin begirming on Augu t 1, 3AAA . I wAl make these paymeme every monlh unm I Inne peM ell of me pdnc!mi and Inlegent end any olher chages descubed bekny that I may owe under tMe Note. My montMy payments wA be sppled to Nefeat before princpeL N, on Juk 1, 3038 , I elA owe emourds under this Note, I wil p y those annume in hA on that date, which le onged the "Meludly DeteP. I wA make my payments st: 895 CNy Partmmy Weef, 8une inth Omngs, CA83AAA or at a diferent piece if seq ed by the Note Hokler. p) Agneunt of My Inning MonAtly Payments Each of my Intlel monthly paymenia wil be in the amount of U.S. S 3,991.84, 1th amount iney mange. (CI MenlMy Payment Changes Changes in iny monlMy payment wN neum charges h the unpeId pducipal of ng foen end In the Irderest reis that I must pay. The Note Holder wM detemdne my new interest role end the changed smount of my monlhly psyment In seconlance wnh Seonon 4 of this Note. 4, INTAIEST NATE AND MOffrHLY PAYMENT CHANGES (Al Change Dates The titernal role I un psy may change on the IInt day of JuW, 3007 , and on that day every endh InenIh Dele.' therester. Each dele on whkih my intelect rate couM change In celed a "Chenge (B) The Indom segmeag with the But Change Dele, my Internet rate wHI be bened on en inden. The "Indet le ths ever go of Interbank othmed rules Ibr obs.month U.8. doneNienomingled depoelts In the London market ("LIBOR'), 95 p Ilehed In The Wei Sirmet JoumsL The most recent Index IIgure eveeshle so of the date 45 dgye before the Change Dale le asIed the 'Current Indat? If et eny point Ill Ilms the Index le no longer eveneMe, the Note Holder wE choose a new Index that le based agion cornpendde Inlbrmenon. The Ntde Hokler wN give me notice of als choice. (c) Calculedon of Changes estus each Change Dela, the Note Holder wE calculele my new Irdment role by edding els and onequ nor pneumage point e) (e.350 %) to me Currard Index. The Note HoMer w men mund the mod of ale eddEen to the noment one-eight of ane percent (0.125%). Sutgest to the ImIn staged h Assilon 40) bolsw, 1Ms munded emount an be my new Irderest rate until the next Clunge Dete. The Note Hokler wUIthen determhe the ornount of the monlNy payment that wouki De sulAclent 1b rapsy the uppeM primdpol that I em expeoled to owe et the Change Date In Adi on the Maturity Date st my new Irrierest rete In subatenHegy equel p ym nis. The med of eds colouisilon wil be Onenew emount of my monRdy paymeNL - - - Insmis m-wr sum 1 of 3 sememoe4:mes pu 3 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 IN DEX NO . 135 5 4 8 / 2 0 1 8 |FILED NYSCEF RICHNOND DOC. : NO. 130 COUNTY CLERK 09/21/2018 08:18 PM RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 * Los aben (D)' 1.1mns on Interest Anto Changes The Inlarest rale I am mquked in pay at the Arat Change Dale wM not be greeler than 10.9A0 % or to e then &959 %. TheseRer, nly Iniment rate WH never be Incmased or deomased on any shale Change Date by more than One pomengage pointp) ( 1.DAB %) frorn the rate of Interest I have been paying ibr the preceding ek inonBs. My internet ane wE never be granter than M980 % or iese than A.A89%. (AI Alfoonve nate ef changes Mynew inimust rale wA become efeclho on each Change Dele. 1wA pay the amoure of ngy new monghW payment beghnho on the met monthly payment date aRor the Change Date urd1 the amourt of my monthW payment changes agan. (F) Nance of Changes The Note HoMer wg delbur or msA to me a noAce of any changes In my intemet role and me amow of my month@ payment before the erecUve dale of any charge. The noloe WAInclude Intenation requbed by few to be given me and sloo the tMe arni telephone number of a pmeon who wA anager any quespon I Insy have aganAng 1henotice. & PHAPAVMENT PAN AL1iGE I may repay at or any palt of me principal balance of INS Note In motoniance wlh ibe terms of Uds SecAnn wnhout "Psepayment' Is hcurdng a propsyment chage. A any arnourlt that 1 pay In excebe of my nguledy acheduled payments of pdncpol and interent that the I.ender wN apply to reduce the cidolerdng principal balance on this Note In noconlence wightNo SeclIon. (A) Appllmenon of Punds 1 agges that when LIndicate In weigrig that 1em maMrg a propsyment, the I.ender shsA apply Amde R reneluse h accenlance wilh the onger of sppAcellon of payments est ibHh h SecRon 2 of the Securily helniment. M MenlMy Paymenie E1 make a prepayment of an amount lose then ae smount needed to oomplela|y mpey sA anomes due under eds Note and Secudly Insbumens, ngy regularly scheduled paymanlo of pdoclpal and Interent wlA not change so a result. 8. LGAN CHAAAAA f a lsw, wMch sppAss to tMs ban and wMch eats madmum loan cheme, is 1•naHy interpreted so mat the interest or .other loan chmpse cogected or to be conocled h connecdon wilh 1Ns loan meeed the permM d Amia, them @ any such loan chage shsN be educed by the amount necessary to reduce the chase 1othe pennAted Amlil and (A) any sums already conected tom me whkfi moneded permnled limne wM be rateded to me. The Note Holder may choose to Ineha tMe velbnd by nulucing the prhapel 1one under this Note or by mmMnga direct payment to me. If a gelbnd seduone the principal, the reducilon wE be treated as a pludal propsyment. 7, " PALilRE 10 PAY AS RAGilUtg!D W hala chusse lor overdue psyments ., ; If the Note HoMer has not seoelved the f bHamount of any nardNY payment by the end of 1Himono ander days anerthe date It1s due, 1wlA pay a late chase to the Nets Hokler. The amount of the cheme wAt be 1999 % of my ouardue paymart of pdnc|pel and trdere t. I wA pay this Into chase promptly but onW once on each late p yment M 0stut EI do not psy the Rdi emount of each mordhly paymerd on the dale R In due, I wAl be In deAmit. (C) Natise of pebult if i sm h detna me Note Holder may send me a wdtlen nonce teArg me that N I do not psy the ovenlue amourd by a certain dels, the Note HoMer may req e me to pay ImmagNsleWthe lull amount of princpel wMch has not been pald and sA the greemptthat 1owe on that amount. The des must be st le at 90 days easr the date on wMoh the nonce is denvered or malled to me. (D) No1Nlaher by Note HoMer Even E, at a time when I am tri default, the Note Holder does not req a me lo pay immediately in fult as desodbed atous, the Note Holder wlli stM have1he rigM to do so EI em in default at a lasertime. (Al Puyment of Note HeMere Cents and 8npenese E >e Note HoMer has requhed me to pay Imrned• ately In ful as descdbed almve, the Note HoMer wAl have me fight to be peM back by me for an of Ile costs and eqNmmes in enlbrclrg IMs Note to the essent not pshbted tiy enomers' appgesMe ism. Thomeexpenses tum gbrememple, reasonuMe Anes. & GNB18 0F NOTICAS Unlese appineMe law sequlros a dinerent method, eny noBonthat must be given 10me under eds Note wR be given by delbering h er by meAng R by ilret olese msA to me at the Property Address above or st e ggAsunt address E I give me NoteHolder a nollce of my dimmers addsues. Any notice that alust be given to the Note Hokler umler tMs Note WAIbe given by maling B by 9et clean nudi to the Note Holder si the admase elated hi Seegon 3(A) Above or at e dilismnt addrese N I em ghen noAmeof that d1ferent addpass. 9. CAA.1SATIONS cF PAR80NS tlNDER THIS NOff A If more than one person etna 1Ns Nole, each penen le Adly end paleonelk obligated to keep an of the promises mode ln mb Note, Inchdng the plomlee to pay the AdI amount owed. Any psmon who In e guar n1or, sumly or endore r of tMs Nole is also obAgeted to do these1Mngs. Any panon who tehes ov r mese oMganons, heludMg me oM ganons of a guararder, owety or endomer of tMs Note, h slso obAgsled to heap eA of the promises made bt eds No1e. The No1sHolder may enforce As righle under this Note against each puman indMdungy or aga•nstall of us togelher. TNo means dun any one of us may be squired to psy aAof So amounls owed under1Ns Note. - - - animis 8"'8 minarewsume essemens417:estwl 4 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 RICHMOND INDEX NO. 1355 4 8 /2 018 FILED: COUNTY CLERK 09 21 2018 : 1 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 "" ' . k lumber: 10. W*ANFA6 1and any other pmeon who has obilgollone under1Ns No1s waive the lighle of presentment and nodon of dishonor. "Pnulaniment" means ·the right to requke the Note Holder to demand payment of amounge due. "Notice of Dbhonor" meene the right to requhe Gie No1s Holder to give notice to other pegsons that amounls due have not been pold. 11. UN1FORM 880UltED NOTE ThIs No1s la a untum instrument wilh limited vaitatione in some jurledlcNone. In addalon, to the protecilons given to the Note Holder under thla Note, A Montgage, Dead of Trust or SecurRy Deed (lho '880tpily inalnsnent'% dated the some so thle Note, pm1uctsthe Note Holder hom finaaiNm losses whloh might result if I do not keep the promless that 1 make In thle Note. That the Secutfty Instrutnent describes how and under what conditione I may be required to ngake Immedlete payment in full of an emounge I owe under thls Note, Some of those conditione are described as fogows: Transfer of the Paparty or a BeneAclal interest in Borrower. if all or any part of the Property or eny Inter et In it le sold or transibered (or If a bene8clel Interest In Bormwer la sold or transferred and Dommer 18not a fistural person) without the Landets prlor wrinen consent, (Ander may, at its optlon, require frtnedlate payment In Ibil of aUsume secured by this 8ecurity Instrument. However, thle opllon shell not be exercland by Lander If exerdee 18prehAINed 11yfederal tow as of the date of this Securtly Inelrument. Lander also shad not exerclee thle opden E (s) Bonower causes m tie aubmnted to senderinformation reiguired by Lander to evaluate the Intended transferee as If a new loan were being made to the tnmeferse; and (b) Lander reasonatHe detemdnes that Landere securky w1Anot be Ingoired Ily the loan ageumpdon and that the flait of a breach of any covenant or agreement In this Security inelrument is =feaMa to Lander. To the extent permitted by applicalde law, Lander may charge a reasonatile ibe as a contetlan of Landers consent to the loan aneumpilon. Lander rney ulso reguke tie consteree to sign an aneumpson sqpeement that le accep1nble to lender and that obilgates the trengforce to Iteep all the promises and agreements made In the Note and In this SecurRy instrument. Bonomer wE coritinue to be obilgaled under the Note and thle Seculty Inclrument unle e Lander guleeses 8ormwar in writing. If lander onendees the option to requhe burnedlete payment In Ibil, Lander shall give Bonumer nonce of acceleronort The notice shsB provide a peded of not less then 80 days from the date the noGce le delivered or melled wilhin which the Borrower must pay milsume secured tiy thle Seculty Instmment If Bontmar inh 10 pay these sume pilor to tic eMplrallon of this period, t.ander may limshe any remedies pamallied by this Securlly Insbument without further nolloe or demand on Bormwar. 1& GOVERNING LAW PROvis10N This Note and the related Secudly integent ara govemed by Federal end State law eppicable to the jurlediction of the Property. oraf ameements, peomlese or oeandbmanis to land money, entend ogedit, or forbear tom enforo1ng sepaygnant of a debt, InclusAng prognisse to essend, modrly, reneur or waive oush delit, gre not enforesebts. This wrillon asseement conistne an the tenne me Beneuer(s) and the Lander have amued to. Any subsequent apeansent meansen us sugartnng thle Note or the Instrument whloh securse thle Note, must tie In a signed wrRing to he legally enhanientde WITNMIS THE MAND(S)AND SEA&S) OF THE LINDERSIGNED. an WEBER Bommer **0 _ ___ t5"4 Borrower Borrower a ors commeos4:1tes pm anerse amme 5 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135548/2018 FILED NYSCEF RICBdOND DOC. : NO. 130 COUNTY CLERK 2018 05 : 18 RECEIVED NYSCEF: 06/12/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/21/2018 PAYTOTHgo 6 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135548/2018 FILED NYSCEF RICHNOND DOC. : NO. 130 COUNTY CLERK 09/21/2018 05:18 P RECEIVED NYSCEF: 06/12/2023 NYSCE F DOC. NO. 2 RECEIVED NYSCEF: 09/21/201 Office of the Richmond County Clerk 130 Stuyvesant Place Staten Island, NY 10301 ACS-8000D0000012978- 0 0 0 0 0D000017925-822 Hon. Stephen J. Fiala, Clerk County and adorsement Cover Page Recordin9 Dëcument Id: 0D0000000017923 Document Dater 06/23/2005 Preparation Date: 07/13/ 2005 Doctoment Types NORTGAGE Document Page count: 00022 PRE$ENTER: RETunN To AVALON ABSTRACT CORP AVALON ABSTRACT CORP 714 SRD AVENUS 714 3RD AVENUE . A-0005818-RJD5 A-0005818-R/05 BROOKLYN NY, 11232 BROOKLTN NT.. 11232 PROPETT DATA # 0F BLOCK5 1 # CF LATS Block Lot Unit Address 750 132 Entire Lot 473 COLLEZELD AVENUE Types - 1 Property Dwelling Only razily PhiBS NORTGAGOR INDE NORTGAGEE INDEX KM WEBB AMRIQUEST EORTGAGE COMPANY 478 COLLEIELD AVENUE 1100 TONN AND COUNTRY RCAD i STATM ISLAND NT, 10314 ORANGE CA, 92888 Nortgaga Cons: 4373,500.00 PATHENT DETAIL Make Cheeks Payable to: m--=mem========m-memem=--smum--mem=mmu=======-asm-m-m--===memm=mm.mmum-m= Richmond County clerks 74.00 Recording rees Richmond County Clerkr 7,626.75 Nortgage Tax ......----............ Total Payments Ror This Documents 7,700.75 me-summs======se=====numammammmssmem=mums-mememem===memem-umm-===memm--a-== LAND DOCÏ 4110:B 24-flDRTGAGES NTAM: CM 12474 $7,426.75 07/27/2005 01s51:11 P,n. $74.00 UL 27 7 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO. 135548/2018 |FILED NYSCEF DOC. : RICHNDND NO. 130 COUNTY CLERK 09/21/2018 05: 18 P1 RECEIVED NYSCEF: 06/12/2023 NYSCE F DOC. NO. 2 RECE IVE D NY SCEF: 09/21/2018 Retam'Ib: ameriquest Mortgage company P.0. Box 11507, santa Ana, CA 92711 Prepared By:Amer1 que st MOrt ga go Coap any panielle carrito 1110 south Ava. # 404 Staten Island, Mr 10S14 i spmesAhave TMs IJne For Recording Dutm! µs2 MORTGAGE WORDS USED OFTENIN THIS DOCUMENT Instrument." 2005 (A) "Security This document, which is emed sune 23, tho"BecurityInstrument." together with all Ridem to this document, will be called "Barmwer." EBM WEIER (B) whose sidress is 473 colifield Avs , staten zstand,mr 10314 "Bonower" "I" "mo." smactimes win be called and sometimes s'unply or " amerigamat asortgage (C) "Lender campany "Londor." will be onlled Lender is a corporation or association which exists noder the laws of Delaware . Leader's address is 110c soun and countzy Road, suite 200 Orange, CA 92969 NEW VORK - single FamiW- Funnie MueIFreddie Mus UNIFORM INOTRUMEN of m 3s33 141 06/23/2005 4:17:38 PM AMsNY gong.m puseversy inmagr: unpumagume smeans,rnm.gaggat.nns 8 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 FILED NYSCEF DOC. : RICHMOND NO. 130 COUNTY CLERK 09/21/2018 05:18 N INDEX RECEIVED NYSCEF: 06/12/2023 NO. 1355 4 8 /2018 NY SCEF DOC. NO. 2 RECEIVE D NY SCE F: 09 /21/2018 "Note." and dated June 20o5 , will be called (D) The note signed by Bonower 23, "Note." hundred seventy-three thensand five the The Note shows that I own Lander three hundred and 00/100 Dollus (U.S. 3 373,500. 00 ) plus interest and other amounts that be payable. I have promised to pay this debt in Periodic Payments and to pay the may debt in full by anly 1, 2035 . ." The Paperty," section titled "Description ofthe will (E) "Propert property that is described below in the be called the Property. "Lonn." "Loan" charges and (F) The means the debt ovidenced by the Note, plus interest, any propayment late charges duo under the Note, and all sums due under this Secunty histrument, plus intmost. Secured." The amounts desotibed below in tbo section titled "Borrower's Transibr to Leader of (C) "Sams Paperty" Secured." Rights in abo gometime will be called the "Sums "Rklers." Instrument that are signed by Borrower will be called (H All Riders attached to this S " ormwer (check as applicable]: The following Rides are to be signed by Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Developmat Rider 1-4 Parm*ly Rider VA Rider Biwockly Payment Rider Other(s)[apecify) Law." ordinances (1) "AppHeable All controlling licable federal, state and local statute, regulations and administrative rules and orders have the sShot of law) as well as all applicable final, Law." non-appealable,judicial opinions will be led "Applicable As""""=ats." (J) "Comninnity AssocIntion Dues, Fees, and All dnes, fees, anagements and other charges that are impo,sed on Borrower or the Property by a condominian association, homeowners association or Assessments." similar organization will be called "Commumty Amociation Dues, Pees, and (10 "Electronic Phads Transfer." "Electmmc Pands Transfbr" means any transfbr of money, other than by check, draft, or mimilar paper instament, which is initiated through an electronic tennmal, telephomc instrumst, computer, or magnetic tape so as to order, instruch or autliorise a financial institution to debit or cmdit an account. Sons common examples of an Elecognic Punds Transfbr me point-of-sale transfers (where a card such as ån asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfbrs initiated by tolophone, wire transfers, and automated clearinghouse transfbrs. Items," kems." "Escrew Those items that arc decribed in Section 3 will be called "Escrow Proceeds." Proceeds" "Misealtaneous "Miscellaneous means any compensation, settlement, awang of damages, or proceeds paid by any third party (o6ter than Insurance Pacceds. as defined in. and paid under the coverage described in Section S ibr: (i) dama , to, or destruction of, the Property", (i0 r½"d"""""*Îa" or other tainng of all or part of me Property; m) conveystco in lies of Comiemnation or sale to avoid any Condenmation; or gv) nusrepresentations of, or omissions as to, the value and/or condition of the Property. A taking of the Property by an vernmental authority by eminent dontain is lmown as "Cond Insurance" (N) "Mortgage Insurance. Mortgage means insarance pmtecting Lender against the nonpa ent ot', or default on, the Loan. Payanent." The scheduled amount due lbr ) principal and interest ander the Note, (0) ", regularly and ju) any amounts under Section 3 wdl be caEed "Periodic Payment. ' RESPA." "RBSPA" (P) means the Real Estate Settlempt Procedures Act (12 U.S.C. Section 2601 et seq.) and its implernenting ation, Regulation X (24 C.P.R. Pat 3500), as they might he armended from time to time, or any additions or accessor to slation or regulation that governs the same a ject matter. As used "RESPA" in this Security Instrument, re to all reqmrements and restrictiona that are miposed in regard to ' loan" a "RederaHy related mortgage tose" oven ifthe Loan dom not quality as a y related mortgage under RESPA. AMENY tonnans museser17 Form 3033 1fD1 06/23/2005 4:17:38 9 of 44 FILED: RICHMOND COUNTY CLERK 06/12/2023 03:20 PM INDEX NO. 135548/2018 INDEX NO . 13 5 5 4 8 / 2 0 18 FILED NYSCEF DOC. : RICHMOND NO. 130 COUNTY CLERK 0 9/21/ 2018 05 : 18 Pli RECEIVED NYSCEF: 06/12/2023 NYSCE F DOC. NO. 2 RECEIVED NYSCEF : 0 9 /2 1 /2 01 BORROWER'S TRANSFER TO LENDER OF RIGIrrS IN THE PROPERTY I mortgage, grant sad convey the Pmpety to Leader subject to the tenns of this Security Instrument. This means that, by signing this S ' Instmmet, I mm Lender those rights that me stated in this givmp Securky Instrument sad also those that Applicable Law gwes to lenders who hold mortgages on real . ( am giving Lander these to protect Leader from possible losses that migpt result irl thil to: sil the amounts that I owe Leader as stated in the Note including, but not limited to, all renewals, extens and modidcations of the Note; (B) Pay, with interest, any amounts that Leader spends under (bis Security Instmmont to protect the value of the Pmporty and Londer's rights in the Property; and (C) Keep all of my other promises and agreements under this gecurity Instmment and the Note. DESCRIPTION OF THE PROPERTY below" I glve Lander rights in the Property described in (A) thmugh (0) (A) 'fhe Property which is located at d73 CorJJZECO AVE