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FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
FAIRBRIDGE REAL ESTATE INVESTMENT TRUST,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
TRUST LLC, Index No.: EF2022-477
Plaintiff, Hon. Felix J. Catena
-against-
AFFIRMATION IN
LITTLE FALLS GARDEN APARTMENTS LLC, SUPPORT OF MOTION
ROBINHOOD PROPERTIES L.L.C., BROOKVIEW FOR SUMMARY
TOWN HOUSE LLC A/K/A BROOKVIEW TOWN JUDGMENT AND
HOUSES LLC, COR HOLDINGS LLC, DAVID ORDER OF REFERENCE
RAVEN, CARL ORSINI A/K/A CARLOS M. ORSINI,
NEW YORK STATE DEPARTMENT OF TAXATION MORTGAGED
AND GEORGE LUMBER & BUILDING PROPERTIES:
FINANCE,
MATERIAL INC., KEYBANK AS SUCCESSOR BY
60 EAST MAIN STREET
MERGER TO FIRST NIAGARA BANK, N.A., JOHN
FONDA, NEW YORK
DOE NOS. 1-100, JOHN DOE CORPORATION NOS.
SEC 35-12 BLK 3 LOT 23
1-100 and JOHN DOE COMPANY NOS. 1-100,
759 EAST MONROE STREET
Defendants, EXTENSION
LITTLE FALLS, NEW YORK
Doe"
The Names of the "John Defendants Being Fictitious SEC 45 BLK 1 LOT 2.2
and Unknown to Plaintiff, the Persons and Firms
Intended Being Those Who May Be in Possession or, or 97 METTOWEE STREET
have Lien or Other Interests the GRANVILLE, NEW YORK
May Possessory, in,
Premises Herein Described.
SEC 117.9 BLK 1 LOT 32.2
ANDREW M. ROTH, ESQ., an attorney duly admitted to practice law in the Courts of
the State of New York, hereby affirms the following to be true under the penalties of perjury:
1. I am a partner of the firm of SAHN WARD BRAFF KOBLENZ co-
PLLC,
attorneys of record for the Plaintiff, Fairbridge Real Estate Investment Trust, LLC f/k/a RealFi
Real Estate Investment Trust LLC (hereinafter the "Plaintiff"), in connection with the above
referenced commercial foreclosure action. As such, I am fully familiar with the facts and
circumstances hereinafter set forth.
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2. I submit this Affirmation in Support of Plaintiff's motion pursuant to CPLR
3211(b) and 3212 seeking an order granting Plaintiff summary judgment of foreclosure in favor of
the Plaintiff and against Defendants, Little Falls Garden Apartments LLC ("Little Falls"),
Robinhood Properties L.L.C. ("Robinhood"), Brookview Town House LLC a/k/a Brookview
Town Houses LLC ("Brookview"), Cor Holdings LLC ("Cor Holdings") and David Raven
("Raven") (Little Falls, Robinhood, Brookview, Cor Holdings, and Raven are collectively referred
to as the "Defendants"), and an Order of Reference in the above-captioned foreclosure proceeding.
3. As more fully set forth in the Summons and Verified Complaint filed with the Clerk
of the County of Montgomery County on September 13, 2022, and the Notices of Pendency filed
with the Clerk of the County of Montgomery on September 13, 2022, Clerk of the County of
Herkimer on September 14, 2022 and the Clerk of the County of Washington on September 16,
2022 (copies of which are collectively annexed hereto collectively as Exhibit "A"), and the
Affidavit of Steven J. Wissak, one of the managing members of Fairbridge Asset Management,
LLC, the general partner and manager of Fairbridge Partners L.P., Plaintiff's sole member, sworn
24th
to the day of April, 2023 (the "Wissak Aff."), this is an action seeking foreclosure of a certain
consolidated commercial mortgage dated October 16, 2020 (the "Consolidated Mortgage"),
between Little Falls, Robinhood, and Brookview (collectively, the "Mortgagors"), recorded
against certain commercial real properties situate in Montgomery, Herkimer and Washington
Counties, State of New York, known as an by the street addresses: 759 East Monroe Street
Extension, Little Falls, New York known and identified on the tax map of Herkimer County as
Section 115.45, Block 1, Lot 2.2 (the "Little Falls Property"), 60 East Main Street, Mowhawk,
New York known and identified on the tax map of Montgomery County as Section 35.12, Block
3, Lot 23 (the "Robinhood Property"), and 97 Mettowee Street, Granville, New York known and
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identified on the tax map of Washington County as Section 117.9, Block 1, Lot 32.2 (the
"Brookview Property") (collectively the "Mortgaged Properties").
4. The Consolidated Mortgage secured a certain Consolidated Note dated October 16,
2020 duly executed, acknowledged and delivered by Little Falls, Robinhood, Brookview, and Cor
Holdings (collectively "Borrowers"), to Plaintiff in the sum of $2,250,000.00 (the "Consolidated
Note"). Copies of the Consolidated Mortgage and Consolidated Note are annexed hereto as
"B" "C"
Exhibits and respectively.
5. The Consolidated Mortgage consolidated and combined into a single mortgage on
the Mortgaged Properties a gap mortgage, dated as of October 16, 2020, by and between the
Mortgagors and the Plaintiff in the principal sum of $750,000.00 (the "Gap Mortgage"), with the
following existing mortgages referenced therein:
I. Mortgage made by Robinhood in favor of Habib American
Bank in the original principal amount of $680,000.00 dated
as of April 1, 2020 and recorded in the Montgomerty County
Clerk's Office on June 2010 as Instrument No. 2010-
7,
37915, as assigned to First Niagara Bank, N.A. by an
Assignment of Mortgage dated as of June 19, 2012 and
recorded in the Montgomery County Clerk's Office on
August 14, 2017 as Instrument No. 2017-74268.
II. (a) Mortgage made by Little Falls Garden Apartments LLC
in favor of Habib American Bank in the original principal
amount of $332,367.00 dated as of April 7, 2010 and
recorded in the Herkimer County Clerk's Office on April 1,
2011 as Instrument No. 2011-164218.
As the above Mortgage (a) was consolidated, modified and extended
with a new money Mortgage in the amount of $183,865.22 to form
a single lien in the consolidated principal amount of $500,000.00 by
the certain Consolidation, Extension, Modification Agreement
(w/New Money Mortgage) dated as of February 17, 2012 and
recorded in the Herkimer County Clerk's Office on February 28,
2012 as Instrument No. 2012-16934 in Book 1429 at Page 453, as
assigned to First Niagara Bank, N.A. by an Assignment of Mortgage
dated as of June 19, 2012 and recorded in the Herkimer County
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Clerk's Office on July 25, 2012 as Instrument No. 2012-172870 in
Book 1448 at Page 11.
(b) Mortgage made by Little Falls Garden Apartments LLC
in favor of Habib American Bank in the original principal
amount of $100,000.00 dated as of February 17, 2012 and
record in the Herkimer County Clerk's Office on February
28, 2012 as Instrument No. 2012-169936 in Book 1429 at
Page 471, as assigned to First Niagara Bank, N.A. by an
Assignment of Mortgage dated as of June 19, 2012 and
recorded in the Herkimer County Clerk's Office on July 25,
2012 as Instrument No. 2012-172869 in Book 1448 at Page
9.
III. Mortgage made by Brookview Town Houses LLC in favor
of Habib American Bank in the original principal amount of
$265,000.00 dated as of April 1, 2010 and recorded in the
Washington County Clerk's Office on June 1, 2010 as
Instrument No. 2010-62689 in Book 2838 at Page 187, as
assigned to First Niagara Bank, N.A. by an Assignment of
Mortgage dated as of June 19, 2012 and recorded in the
Washington County Clerk's Office on August 7, 2017 as
Instrument No. 2017-144502 in Book 3823 at Page 134.
As the above Mortgages I, II, III, as assigned to First Niagara Bank,
N.A., were consolidated, modified and extended with a new money
Mortgage in the amount of $820,091.36 to form a single lien in the
consolidated principal amount or $2,300,000.00 by that certain
Mortgage and Security Agreement with Consolidation,
Modification, Extension and Spreading Agreement dated as of June
20, 2012 and recorded (a) in the Montgomery County Clerk's Office
on August 14, 2017 as Instrument No. 2017-74280, (b) in the
Herkimer County Clerk's Office on July 25, 2012 as Instrument No.
2012-172872 in Book 1448 at Page 15 and (c) in the Washington
Clerk's Office on August 2017-
County 7, 2017 as Instrument No.
114504 in Book 3823 at Page 138.
Assignment of Mortgage by KeyBank National Association, a
National Banking Association and successor-in-interest (by merger)
to First Niagara Bank, N.A., to Cor Holdings, LLC, dated October
16, 2020 and intended to be recorded in the Offices of the Clerks of
the Counties of Montgomery, Herkimer and Washington.
Assignment of Mortgage to Cor Holdings LLC to Realfi Real Estate
Investment Trust LLC dated October 16, 2020 and intended to be
recorded in the Offices of the Clerk of the Counties of Montgomery,
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Herkimer and Washington; and upon which Mortgage, as
consolidated there remains an unpaid principal balance of
$1,500,000.00
"D"
Copies of the aforementioned Existing Mortgages are annexed hereto as Exhibit through
"F"
respectively; a copy of the Gap Mortgage is annexed hereto as Exhibit "G".
6. The Gap Mortgage was recorded against the Little Falls Property in the Herkimer
County Clerk's Office on November 6, 2020, as Instrument No. RP2020-5034; against the
Robinhood Property in the Montgomery County Clerk's Office on November 10, 2020, as
Instrument No. 2020-90170; and against the Brookview Property in the Washington County
Clerk's Office on November 3, 2020, as Instrument No. 2020-50459. See, copy of title report of
First American Title Ins. Co. annexed hereto as Exhibit "H".
7. The Consolidated Mortgage was recorded against the Little Falls Property in the
Herkimer County Clerk's Office on November 6, 2020, as Instrument No. RP2020-5037; against
the Robinhood Property in the Montgomery County Clerk's Office on November 10, 2020, as
Instrument No. 2020-90173; and against the Brookview Property in the Washington County
Clerk's Office on November 3, 2020, as Instrument No. 2020-5460. Id.
8. The Consolidated Note consolidated and combined into a single debt instrument in
the principal sum of Two Million Two Hundred Fifty Thousand ($2,250,000.00) and 00/100
Dollars, the following notes:
i. Note made by Robinhood in favor of Habib American Bank
in the original principal amount of $680,000.00 dated as of
April,l 2010;
ii. Note made by Little Falls in favor of Habib American Bank
in the original principal amount of $332,367.00 dated as of
April 7, 2010;
iii. Note made by Little Falls in favor of Habib American Bank
in the original principal amount of $185,865.22 dated as of
February 17, 2012;
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iv. Consolidated Note made by Little Falls in favor of Habib
American Bank in the original principal amount of
$500,000.00 dated as of February 12, 2012;
v. Note made by Little Falls in favor of Habib American Bank
in the original payment of $265,000.00 dated as of April 1,
2010;
vi. Gap Note made by Robinhood, Little Falls and Brookview
in favor of RealFi Real Estate Investment Trust LLC, in the
original principal amount of $750,000.00 dated as of
October 16, 2020, a copy of which is annexed hereto as
Exhibit "I".
See, copy of an Allonge for the aforementioned Notes annexed hereto as Exhibit "J".
Mortgagors'
9. In order to further collaterally secure the obligation to the Plaintiff, by
Guaranty dated as of October 16, 2020, made by Raven ("Guarantor"), to the Plaintiff (the
"Guarantee"), Raven, among other things, unconditionally, absolutely and irrevocably guaranteed
the full and prompt payment to the Plaintiff, at maturity, or in the event of default, of the
indebtedness of the Borrowers to the Plaintiff under and pursuant to the Consolidated Note. A
copy of the Guaranty is annexed hereto as Exhibit "K".
10. In or about September 20, 2021, the Mortgagors duly executed and delivered to the
Plaintiff an Extension Agreement (the "September 2021 Agreement"), which inter alia, extended
the maturity date of the Consolidated Note from October 8, 2021, to and including January 8, 2022.
A copy of the September 20, 2021 Agreement is annexed hereto as Exhibit "L".
11. Thereafter, on or about January 10, 2022, Mortgagors and the Plaintiff entered into
a second agreement (the "January 2022 Agreement"), a copy of which is annexed hereto as Exhibit
"M". Pursuant to the January 2002 Agreement, the Plaintiff further agreed to extend the maturity
date for the Consolidated Note from January 8, 2022 to July 8, 2022, and the Mortgagors agreed,
among other things, to pay certain past due interest payment obligations due under the
Consolidated Note and to reduce the amount of certain past due default interest due under the
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Consolidated Note, provided the loan was repaid by July 8, 2022. If the loan was not repaid by
July 8, 2022, or the Mortgagors otherwise defaulted under the terms of the loan, Plaintiff retained
the right to charge the full amount of the default interest due under the Consolidated Note.
12. Commencing on February 1, 2022, and continuing to July 1, 2022, the Mortgagors
defaulted on the payment of their monthly interest obligations due to Plaintiff under the
Consolidated Note.
13. In notices of default dated April 13, 2022 and June 9, 2022, respectively (the
"Notices of Default"), copies of which are annexed hereto as collectively as Exhibit "N", Plaintiff
Borrowers' Borrowers'
notified the and the Guarantor of the default in the payment of their
monthly interest obligations due under the Consolidated Note and of the Plaintiff's exercise of its
right under the January 2022 Agreement to charge the full amount of default interest due under the
Consolidated Note.
14. The Borrowers and Guarantor failed to cure the payment defaults referenced in the
Notices of Default.
15. Thereafter, the Borrowers further defaulted on their payment obligations under the
Consolidated Note and the January 2022 Agreement by, among other things, failing to pay the full
amount of the principal and all outstanding and accrued interest due and owing on the Consolidated
Note and the January 2022 Agreement on or before July 8, 2022, the extended maturity date of the
Consolidated Note.
16. By Notice of Default dated July 13, 2022 (the "July 2022 Notice of Default"), a
copy of which is annexed hereto as Exhibit "O", Plaintiff notified the Borrowers and the
Borrowers'
Guarantor of the further default under the Consolidated Note and the January 2022
Agreement and demanded payment of all principal indebtedness due thereunder, together with all
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attorneys'
accrued and unpaid interest thereon, late charges, costs and expenses (including fees)
and all other indebtedness due thereunder.
17. Borrowers and the Guarantor failed to cure the payment defaults referenced
Preview
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC F/K/A REALFI REAL ESTATE INVESTMENT TRUST LLC, Index No.: EF2022-477 Plaintiff, Hon. Felix J. Catena -against- AFFIRMATION IN LITTLE FALLS GARDEN APARTMENTS LLC, SUPPORT OF MOTION ROBINHOOD PROPERTIES L.L.C., BROOKVIEW FOR SUMMARY TOWN HOUSE LLC A/K/A BROOKVIEW TOWN JUDGMENT AND HOUSES LLC, COR HOLDINGS LLC, DAVID ORDER OF REFERENCE RAVEN, CARL ORSINI A/K/A CARLOS M. ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION MORTGAGED AND GEORGE LUMBER & BUILDING PROPERTIES: FINANCE, MATERIAL INC., KEYBANK AS SUCCESSOR BY 60 EAST MAIN STREET MERGER TO FIRST NIAGARA BANK, N.A., JOHN FONDA, NEW YORK DOE NOS. 1-100, JOHN DOE CORPORATION NOS. SEC 35-12 BLK 3 LOT 23 1-100 and JOHN DOE COMPANY NOS. 1-100, 759 EAST MONROE STREET Defendants, EXTENSION LITTLE FALLS, NEW YORK Doe" The Names of the "John Defendants Being Fictitious SEC 45 BLK 1 LOT 2.2 and Unknown to Plaintiff, the Persons and Firms Intended Being Those Who May Be in Possession or, or 97 METTOWEE STREET have Lien or Other Interests the GRANVILLE, NEW YORK May Possessory, in, Premises Herein Described. SEC 117.9 BLK 1 LOT 32.2 ANDREW M. ROTH, ESQ., an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am a partner of the firm of SAHN WARD BRAFF KOBLENZ co- PLLC, attorneys of record for the Plaintiff, Fairbridge Real Estate Investment Trust, LLC f/k/a RealFi Real Estate Investment Trust LLC (hereinafter the "Plaintiff"), in connection with the above referenced commercial foreclosure action. As such, I am fully familiar with the facts and circumstances hereinafter set forth. 1 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 2. I submit this Affirmation in Support of Plaintiff's motion pursuant to CPLR 3211(b) and 3212 seeking an order granting Plaintiff summary judgment of foreclosure in favor of the Plaintiff and against Defendants, Little Falls Garden Apartments LLC ("Little Falls"), Robinhood Properties L.L.C. ("Robinhood"), Brookview Town House LLC a/k/a Brookview Town Houses LLC ("Brookview"), Cor Holdings LLC ("Cor Holdings") and David Raven ("Raven") (Little Falls, Robinhood, Brookview, Cor Holdings, and Raven are collectively referred to as the "Defendants"), and an Order of Reference in the above-captioned foreclosure proceeding. 3. As more fully set forth in the Summons and Verified Complaint filed with the Clerk of the County of Montgomery County on September 13, 2022, and the Notices of Pendency filed with the Clerk of the County of Montgomery on September 13, 2022, Clerk of the County of Herkimer on September 14, 2022 and the Clerk of the County of Washington on September 16, 2022 (copies of which are collectively annexed hereto collectively as Exhibit "A"), and the Affidavit of Steven J. Wissak, one of the managing members of Fairbridge Asset Management, LLC, the general partner and manager of Fairbridge Partners L.P., Plaintiff's sole member, sworn 24th to the day of April, 2023 (the "Wissak Aff."), this is an action seeking foreclosure of a certain consolidated commercial mortgage dated October 16, 2020 (the "Consolidated Mortgage"), between Little Falls, Robinhood, and Brookview (collectively, the "Mortgagors"), recorded against certain commercial real properties situate in Montgomery, Herkimer and Washington Counties, State of New York, known as an by the street addresses: 759 East Monroe Street Extension, Little Falls, New York known and identified on the tax map of Herkimer County as Section 115.45, Block 1, Lot 2.2 (the "Little Falls Property"), 60 East Main Street, Mowhawk, New York known and identified on the tax map of Montgomery County as Section 35.12, Block 3, Lot 23 (the "Robinhood Property"), and 97 Mettowee Street, Granville, New York known and 2 2 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 identified on the tax map of Washington County as Section 117.9, Block 1, Lot 32.2 (the "Brookview Property") (collectively the "Mortgaged Properties"). 4. The Consolidated Mortgage secured a certain Consolidated Note dated October 16, 2020 duly executed, acknowledged and delivered by Little Falls, Robinhood, Brookview, and Cor Holdings (collectively "Borrowers"), to Plaintiff in the sum of $2,250,000.00 (the "Consolidated Note"). Copies of the Consolidated Mortgage and Consolidated Note are annexed hereto as "B" "C" Exhibits and respectively. 5. The Consolidated Mortgage consolidated and combined into a single mortgage on the Mortgaged Properties a gap mortgage, dated as of October 16, 2020, by and between the Mortgagors and the Plaintiff in the principal sum of $750,000.00 (the "Gap Mortgage"), with the following existing mortgages referenced therein: I. Mortgage made by Robinhood in favor of Habib American Bank in the original principal amount of $680,000.00 dated as of April 1, 2020 and recorded in the Montgomerty County Clerk's Office on June 2010 as Instrument No. 2010- 7, 37915, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Montgomery County Clerk's Office on August 14, 2017 as Instrument No. 2017-74268. II. (a) Mortgage made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $332,367.00 dated as of April 7, 2010 and recorded in the Herkimer County Clerk's Office on April 1, 2011 as Instrument No. 2011-164218. As the above Mortgage (a) was consolidated, modified and extended with a new money Mortgage in the amount of $183,865.22 to form a single lien in the consolidated principal amount of $500,000.00 by the certain Consolidation, Extension, Modification Agreement (w/New Money Mortgage) dated as of February 17, 2012 and recorded in the Herkimer County Clerk's Office on February 28, 2012 as Instrument No. 2012-16934 in Book 1429 at Page 453, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Herkimer County 3 3 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 Clerk's Office on July 25, 2012 as Instrument No. 2012-172870 in Book 1448 at Page 11. (b) Mortgage made by Little Falls Garden Apartments LLC in favor of Habib American Bank in the original principal amount of $100,000.00 dated as of February 17, 2012 and record in the Herkimer County Clerk's Office on February 28, 2012 as Instrument No. 2012-169936 in Book 1429 at Page 471, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Herkimer County Clerk's Office on July 25, 2012 as Instrument No. 2012-172869 in Book 1448 at Page 9. III. Mortgage made by Brookview Town Houses LLC in favor of Habib American Bank in the original principal amount of $265,000.00 dated as of April 1, 2010 and recorded in the Washington County Clerk's Office on June 1, 2010 as Instrument No. 2010-62689 in Book 2838 at Page 187, as assigned to First Niagara Bank, N.A. by an Assignment of Mortgage dated as of June 19, 2012 and recorded in the Washington County Clerk's Office on August 7, 2017 as Instrument No. 2017-144502 in Book 3823 at Page 134. As the above Mortgages I, II, III, as assigned to First Niagara Bank, N.A., were consolidated, modified and extended with a new money Mortgage in the amount of $820,091.36 to form a single lien in the consolidated principal amount or $2,300,000.00 by that certain Mortgage and Security Agreement with Consolidation, Modification, Extension and Spreading Agreement dated as of June 20, 2012 and recorded (a) in the Montgomery County Clerk's Office on August 14, 2017 as Instrument No. 2017-74280, (b) in the Herkimer County Clerk's Office on July 25, 2012 as Instrument No. 2012-172872 in Book 1448 at Page 15 and (c) in the Washington Clerk's Office on August 2017- County 7, 2017 as Instrument No. 114504 in Book 3823 at Page 138. Assignment of Mortgage by KeyBank National Association, a National Banking Association and successor-in-interest (by merger) to First Niagara Bank, N.A., to Cor Holdings, LLC, dated October 16, 2020 and intended to be recorded in the Offices of the Clerks of the Counties of Montgomery, Herkimer and Washington. Assignment of Mortgage to Cor Holdings LLC to Realfi Real Estate Investment Trust LLC dated October 16, 2020 and intended to be recorded in the Offices of the Clerk of the Counties of Montgomery, 4 4 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 Herkimer and Washington; and upon which Mortgage, as consolidated there remains an unpaid principal balance of $1,500,000.00 "D" Copies of the aforementioned Existing Mortgages are annexed hereto as Exhibit through "F" respectively; a copy of the Gap Mortgage is annexed hereto as Exhibit "G". 6. The Gap Mortgage was recorded against the Little Falls Property in the Herkimer County Clerk's Office on November 6, 2020, as Instrument No. RP2020-5034; against the Robinhood Property in the Montgomery County Clerk's Office on November 10, 2020, as Instrument No. 2020-90170; and against the Brookview Property in the Washington County Clerk's Office on November 3, 2020, as Instrument No. 2020-50459. See, copy of title report of First American Title Ins. Co. annexed hereto as Exhibit "H". 7. The Consolidated Mortgage was recorded against the Little Falls Property in the Herkimer County Clerk's Office on November 6, 2020, as Instrument No. RP2020-5037; against the Robinhood Property in the Montgomery County Clerk's Office on November 10, 2020, as Instrument No. 2020-90173; and against the Brookview Property in the Washington County Clerk's Office on November 3, 2020, as Instrument No. 2020-5460. Id. 8. The Consolidated Note consolidated and combined into a single debt instrument in the principal sum of Two Million Two Hundred Fifty Thousand ($2,250,000.00) and 00/100 Dollars, the following notes: i. Note made by Robinhood in favor of Habib American Bank in the original principal amount of $680,000.00 dated as of April,l 2010; ii. Note made by Little Falls in favor of Habib American Bank in the original principal amount of $332,367.00 dated as of April 7, 2010; iii. Note made by Little Falls in favor of Habib American Bank in the original principal amount of $185,865.22 dated as of February 17, 2012; 5 5 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 iv. Consolidated Note made by Little Falls in favor of Habib American Bank in the original principal amount of $500,000.00 dated as of February 12, 2012; v. Note made by Little Falls in favor of Habib American Bank in the original payment of $265,000.00 dated as of April 1, 2010; vi. Gap Note made by Robinhood, Little Falls and Brookview in favor of RealFi Real Estate Investment Trust LLC, in the original principal amount of $750,000.00 dated as of October 16, 2020, a copy of which is annexed hereto as Exhibit "I". See, copy of an Allonge for the aforementioned Notes annexed hereto as Exhibit "J". Mortgagors' 9. In order to further collaterally secure the obligation to the Plaintiff, by Guaranty dated as of October 16, 2020, made by Raven ("Guarantor"), to the Plaintiff (the "Guarantee"), Raven, among other things, unconditionally, absolutely and irrevocably guaranteed the full and prompt payment to the Plaintiff, at maturity, or in the event of default, of the indebtedness of the Borrowers to the Plaintiff under and pursuant to the Consolidated Note. A copy of the Guaranty is annexed hereto as Exhibit "K". 10. In or about September 20, 2021, the Mortgagors duly executed and delivered to the Plaintiff an Extension Agreement (the "September 2021 Agreement"), which inter alia, extended the maturity date of the Consolidated Note from October 8, 2021, to and including January 8, 2022. A copy of the September 20, 2021 Agreement is annexed hereto as Exhibit "L". 11. Thereafter, on or about January 10, 2022, Mortgagors and the Plaintiff entered into a second agreement (the "January 2022 Agreement"), a copy of which is annexed hereto as Exhibit "M". Pursuant to the January 2002 Agreement, the Plaintiff further agreed to extend the maturity date for the Consolidated Note from January 8, 2022 to July 8, 2022, and the Mortgagors agreed, among other things, to pay certain past due interest payment obligations due under the Consolidated Note and to reduce the amount of certain past due default interest due under the 6 6 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 Consolidated Note, provided the loan was repaid by July 8, 2022. If the loan was not repaid by July 8, 2022, or the Mortgagors otherwise defaulted under the terms of the loan, Plaintiff retained the right to charge the full amount of the default interest due under the Consolidated Note. 12. Commencing on February 1, 2022, and continuing to July 1, 2022, the Mortgagors defaulted on the payment of their monthly interest obligations due to Plaintiff under the Consolidated Note. 13. In notices of default dated April 13, 2022 and June 9, 2022, respectively (the "Notices of Default"), copies of which are annexed hereto as collectively as Exhibit "N", Plaintiff Borrowers' Borrowers' notified the and the Guarantor of the default in the payment of their monthly interest obligations due under the Consolidated Note and of the Plaintiff's exercise of its right under the January 2022 Agreement to charge the full amount of default interest due under the Consolidated Note. 14. The Borrowers and Guarantor failed to cure the payment defaults referenced in the Notices of Default. 15. Thereafter, the Borrowers further defaulted on their payment obligations under the Consolidated Note and the January 2022 Agreement by, among other things, failing to pay the full amount of the principal and all outstanding and accrued interest due and owing on the Consolidated Note and the January 2022 Agreement on or before July 8, 2022, the extended maturity date of the Consolidated Note. 16. By Notice of Default dated July 13, 2022 (the "July 2022 Notice of Default"), a copy of which is annexed hereto as Exhibit "O", Plaintiff notified the Borrowers and the Borrowers' Guarantor of the further default under the Consolidated Note and the January 2022 Agreement and demanded payment of all principal indebtedness due thereunder, together with all 7 7 of 9 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 04/24/2023 attorneys' accrued and unpaid interest thereon, late charges, costs and expenses (including fees) and all other indebtedness due thereunder. 17. Borrowers and the Guarantor failed to cure the payment defaults referenced