Preview
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 04/24/2023
EXHIBIT H
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
NYSCEF
FILED:DOC. NO. 184
MONTGOMERY COUNTY CLERK 02/10/2023 12:56
RECEIVED NYSCEF:
INDEX NO. 04/24/2023
EF2022 -477
PM|
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02 /10/2023
FTWC-20 a MEa ,
REV.t993
First American Title Insurance Company
MORTGAGE FORECLOSURE GUARANTEE
AMOUNT OF INSURANCE: $10,000,00 GUARANTEE NO. 3050-484389
TITLE NO. 3050-484389
SUNECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABIUTY AND OTHER PROVISIONS OF T@tE
CONDITIONS ANDSTIPULATIONS HERETOANNEXEDAND MADEA PARTOF THIS GUARANTEE
First American Title Insurance Company
a corporation, herein called the Company,
GUARANTEES
Sahn Ward Braff Koblenz PLLC
herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain
by reasons of any Incorrectness In the assurance which the Company hereby gives that, according to the public
recordscon the date stated below:
(1) Title to the land is vested of record in: Little Falls Garden Apartments LLC, Brookvlew Town Houses
LLC, Robinhood Properties LLC
(2) The necessary partles defendant to foreclose the mortgage set forth (n Schedule "B" are those set forth In
Schedule "C".
(3) All IIens or encumbrances affecting the land subsequent to the recording of the mortgage to be
foreclosed,
which are filed or recorded In those records in the County Clerk's Office, and in counties
having a Register in
the Register's Office, established by state statute for the purpose of Imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge are listed In Schedule "D'.
(4) The records of the taxing authority show that all taxes and assessinents which are a lien against the land
have been paid as of the date herein, except for those taxes and assessments which are shown as open on
the Tax Search.
Annexed to this Guarantee are the following schedules:
Schedule A:Descripbon of Mortgaged Land
Schedule 8:Mortgage(s) to be foreclosed and any consolidations, Inodifications and assignrnents thereof of record
Schedule C:Necessary Partles Defendant
Schedule D:Exceptions to title subsequent to the recording of the mortgage to be foreclosed and other Information
Schedule E:Tax Search
DATED: 06/17/2022
First American Title insurance Company
TIRSA MORTGAGE FORECLOSUREGUARANTEE (9/1/93)
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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MORTGAGE FORECLOSURE GUARANTEE
EXCLUS10NS,CONDTHONS, SUPULATIONS AND MISCELLANEOUSPROVISIONS
1. Definition of Terms
The following terms when used In this Guarantee mean:
(a) 'land": the land described, specifically or by reference, in the Guarantee and improvements affl×ed thereto which by law
constitute real property;
(b) "date": the effective date;
(c) "the Assured": the party or parties named as the Assured In this Guarantee, or in a supplemental writing executed by the
Company;
(d) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument,
(e) "necessary party defendant": Those persons or entitles who are necessary parties defendant pursuant to New York State Reaf
Property Actions and Proceedings Law, Section 1311, except that searches have not been made for, and this Guarantee does not
cover, General Assignments, Orders Appointing Receivers, and Petitions in Bankruptcy against judgment creditors and minor
lienors, Searches for Financing Statements under the Uniform Commercial Code have been made
only in the omce of the
Recording Omcer of the County In which the land is situated, and only for those Indexed against the land.
2. Exclusions from Coverage of This Guarantee
The Company assumes no liability for loss or damage by reason of the following:
(a) Defects, Ilens, encumbrances, adverse claims against the title or other matters (1) created, suffered, assumed or agreed to by one
or more of the Assured; or (2) resulting in no loss to the Assured;
(b) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property, and taxes shown as paid on the Tax Search which, subsequent to the date
hereof, are reinstated
due to non-collection of funds or otherwise;
(c) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims
or title to water, land under water, and fand lying in the bed of streets;
(d) Title to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes,
ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or
any other structure or
Improvement; or any rights or easements therein;
(e) Any federal, state, or inunicipal lien or charge which may be filed In an office of the federal government, state government, or
local municipal govemment, or any department, agency, or division of them, other than the office of the
taxing authority, unless
the lien or charge is also filed or recorded In the County Clerk's office, and in counties having a
Register, In the Register's office;
(f) Any person or entity whose Interest In the land may be disclosed by an accurate survey of the land or by an Inspection of the
premises;
(g) No searches for deaths of any necessary parties defendant have been rnade, except as to those listed on Schedule'C" as "Record
Owner", and as to such persons, searches have only been made In the office of the Clerk of the Surrogate Court In which the land
is located.
3. Prosecution of Actions
(a) The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, In its opinion,
may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate
action under the terms of this guarantee whether or not it shall be Ilable thereunder and shall not
thereby concede liability or
waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company
to use, at Its option, the name of the Assured for such purpose. Whenever requested by the
Company, the Assured shall give the
Company all reasonable ald in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any
expense so Incurred.
4. Notice of Loss-Limitation of Action
A statement In writing of any foss or damage for which It is claimed the Company Is liable under this Guarantee shall be fumished to
the Company within sixty days after such loss or damage shall have been determined, and no right shall accrue to the Assured under
this Guarantee until thirty days after such statement shall have been fumished, and no recovery shall be had
by the Assured under thls
Guarantee unless action shall be commenced thereon within two years after expiration of said
thirty day period. Fallure to furnish such
statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against
mamtenance by the Assured of any action under this Guarantee.
S. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or settle or compromise for or in the name of the Assured
any claim which could fesult In
loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee
or, if this Guarantee is issued for
the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured
by said mortgage.
Such purchase, payment or tender of payment of the full amount of the guarantee shall terminate all
liability of the Company
hereunder. In the event, after notice of claim has been 0lven to the Company by the Assured, the
Company offers to purchase said
indebtedness, the owner of such indebtedness shall transfer and assign sald Indebtedness and the mortgage securing the same to the
Company upon payment of the purchase price.
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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NYSCEF DOC . NO . 14 5 RECEIVED NYS CEF : 02 / 10 / 2 023
6. Limitation of Liability - Payment of Loss
(a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of
rellance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face
page hereof.
(b) The Company will pay all costs imposed upon the Assured In litigation carried on by the Company for the Assured, and all costs and
attomey's fees in Illigation carried on by the Assured with the written authorization of the Company, but In no event shall such liability
exceed the amount of |lability stated on the face page hereof.
(c) No claim for damages shall arlse or be maintalnable under this Guarantee (1) If the Company after having received notice of an
alleged additional necessary party defendant, removes the defect, lien or encumbrance on the land held by the additional necessary
party defendant within a reasonable time after receipt of such notice, or (2) if the Company after having received notice of an alleged
additional necessary party defendant, takes such steps that It deems proper for the purpose of perfecting the title, whether by
foreclosure, re-foredosure, strict foreclosure or otherwise, and In such action or actions to plead subrogation whenever the Company
deems it necessary, or (3) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the
Company.
(d) All payments under this Guarantee, including attomey's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the
liability hereunder pro tanto, and no payment shall be made without produdng this Guarantee for endorsement of such payment
unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be fumished to the satisfaction of the
Company.
(e) When liability has been definitely fixed In accordance with the conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured, and the Company shall have subrogated to and be entitled to all rights and remedies which the Assured would
have had against any person or property in respect to such dalm had this Guarantee not been issued. If the payment does not cover the
loss of the Assured, the Company shall be subrogated to such rights and remedles in the proportion which sold payment bears to the
amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedles against any person
or property necessary In order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any
transaction or litigation involving such rights or remedies,
8. Guarantee Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter
hereof must be based on the provisions of this Guarantee. No provisfon or condition of this Guarantee can be waived or changed except by
a writing endorsed or attached hereto signed by the President, or a Vice President of the Company.
9. Notices, Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Comparty shall be addressed in it
at: 633 Third Avenue, New York, NY 10017.
10. Fallure to Disclose
This Guarantee shall be null and vold lf Assured, Its attorney or agent makes any untrue statement with respect to any material fact or
suppress or falls to disclose any material fact or if any untrue answers are given to the Company to material inquiries before the issuance
of this Guarantee.
11. Purpose of Guarantee
(a) This Guarantee is made for and accepted by the Assured upon the express understanding that It is be used only for the foredosure of
the mortgage(s) described in Schedule "B" or for the taking of a deed in lieu of foreclosure.
(b) If a deed in lieu of foredosure is taken, the Company shall not be liable should the deed be attacked by the grantor, his successors or
creditors, for inadequacy of consideration or as to the capacity of the record owner to execute such a deed or for any other reason.
12. Miscellaneous Provisions
(a) Other than for purposes of establishing the vested owner of record of the land and for setting forth liens against a purchase money
mortgagor, no search for defects in btle, liens, restrictive convenants or any other encumbrance existing or created prior to the date
of the mortgage has been made.
(b) No report on streets or searches for violations in Munidpal or other governmental departments have been made; nor have searches
been made for corporation franchise taxes or license fees, Federal and State inheritance, transfer or estate taxes. Upon request, the
Company will obtain a report from the State Tax Commission on corporation franchise taxes and license fees upon payment of an
additional fee, but no respons|b$ty for the correctness of such reports will be assumed by the Company.
(c) The premium hemin Includes one continuation of title, which shall be done solely for the purpose of establishing additional necessary
parties defendant. The tax search shall not be updated except for an additional charge.
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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RECEIVED NYSCEF: 04/24/2023
EF2022-477
NYSCEF DOC. No. 145 RECEIVED NYSCEF: 02/10/2023
Title No.: 3050-484389
CERTIFICATION OF TITLE
Title In: Uttle Falls Garden Apartments LLC, Brookview Town Houses LLC, Robinhood Properties LLC
Who Acquired Title By Deeds:
As to 759 East Monroe Street Extension, Uttle Falls, NY:
- Deed dated 04/07/2010 given by Uttle Falls Garden Apartments, LLC to Uttle Falls Garden Apartments, LLC recorded
04/01/2011 as Instrument No. 2011-00164217, recorded to update legal description.
- Deed dated 03/29/2010 given by United States of America to Uttle Falls Garden Apartments, LLC recorded 04/01/2011
as Instrument No. 2011-00164213.
As to 97 Mettowee Street, Granville, NY:
- Deed dated 04/01/2010 given by Brookview Town Houses, LLC to Brookview Town LLC recorded 06/01/2010 in
Houses,
Volm 2838 page 182, recorded to updated legal description.
- Deed dated 09/25/2007 given by United States Department of Agriculture Rural Development to Brookvlew Town
House, LLC recorded 12/19/2007 In Book 2486, page 339.
As to 60 East Main Street, Fonda, NY:
- Deed dated 04/01/2010 given by Robinhood Properties LLC to Robinhood Properties LLC recorded 06/07/2010 as
Instrument No. 201096699, recorded to updated legal description.
- Deed dated 04/28/2007 given by Adirondack Inc. to Robinhood Properties LLC recorded 06/12/2007 in Book
Homesites,
1551, page 259.
. .
Premises Known As:
- 759 East Monroe Street Little Falls, Herkimer County
Extension, (115.45-1-2.2)
- 97 Mettowee Washington
Street, Granville, County (117.9-1-32.2)
- 60 East Main
Street, Fonda, Montgomery County (35.12-3-23),
Effective Date: 06/17/2022
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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FILED:DOC. NO. 184 INDEX
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MONTGOMERY COUNTY CLERK 02 / 10 / 2 023 12 : 56 PM|
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023
Title No.: 3050-484389
SCHEDULE A
Parcel A - 759 East Monroe Street. Little Falls. NY
All that certain lot, piece or parcel of land situate, lying and being in the City of Little Falls, County of Herkimer,
State of New York and being more accurately bounded and described as follows:
Beginning at a point in the northeasterly line of New York State Route #170 (aka East Monroe Street Extension)
as per Acquisition mapping dated October 20, 1986 and being at the northwesterly comer of lands of Van Allen
Realty Co., LLC said point also being the southerly most corner of the here-In described parcel; thence from the
said point or place of beginning and following along the northeasterly IIne of New York State Route #170 as per
Acquisition mapping the following (3) courses and distances: 1) North 34 degrees 23 minutes 27 seconds West
138.00 feet to a point, 2) North 24 degrees 08 minutes 39 seconds West 152.24 feet to a point, 3) North 02
degrees 02 minutes 59 seconds East 48.56 to a point; thence along the line between the City of Little Falls and
the Town of Manheim on the north and being the lands of Nesom and following along or near old barbed wire
fence remains, South 85 degrees 05 minutes 40 seconds East 349.74 feet to an Iron pin found, said pin being tied
North 85 degrees 05 minutes 40 seconds West 538.30 feet from an Iron pin found on the westerly side of Burrell
Road; thence along the line of lands of Van Allen Realty Co, LLC the following (2) courses and distances: 1) South
27 degrees 54 minutes 41 seconds West 230.81 feet to a point, 2) South 56 degrees 30 minutes 11 seconds West
122.24 feet to the point or place of beginning.
Parcel B - 97 Mettowee Street, Granville, NY
All that certain lot, piece or parcel of land situate, lying and being in the Village of Granville, Town of Granville,
State of New York and being more accurately bounded and described as follows:
8eginning at a buried iron pin found in the southerly line of Mettowee Street at the northwest corner of lands of
the Vlilage of Granville as described In dl.509 pg.13 and being tied, North 35 degrees 31 minutes 20 seconds
West 324.38 feet from the former corner of lands of Berkowitz and also being the northeasterly most corner of
the here-in described parcel; thence from the said point or place of beginning and following along the line of
lands of the Village of Granville, South 39 degrees 29 minutes 47 seconds West 200.00 feet to an iron pin found;
thence still along the line of lands of the Village of Granville, North 63 degrees 42 minutes 00 seconds West
200.00 feet to an iron pin found on the easterly shore of the Indian River; thence in a northerly direction along
the easterly shore of the Indian River to a point in the southerly line of Mettowee
said point being tied, Street
North 24 degrees 09 minutes 50 seconds East 265.00 feet from the last mentioned
iron pin found; thence along
the southerly line of Mettowee Street the following (3) courses and distances: 1) along a curve to the left having
a radius of 169.42 feet for an arc distance of 87.26 feet to a point, 2) South 53 degrees 07 minutes 10 seconds
East 145.01 feet to a point, 3) along a curve to the right having a radius of 595.44 feet for an arc distance of
35.62 feet to the point or place of beginning.
Parcel C -60 East Main Street Fonda. NY
All that certain lot, plete or parcel of land situate, lying and being in the Village of Fonda, County of Montgomery,
State of New York and being more accurately bounded and described as follows:
8eginning at a point In the southerly IIne of New York State Route# 5 (a.k.a. East Main Street) being at the
northeasterly corner of lands of Geloso as described In Deed Liber 404 Page 802 and also being the northwesterly
most corner of the here-in described parcel; thence from the said point or place of beginning and following along
the southerly line of New York State Route #5, South 88 degrees 00 minutes 00 seconds East 285.00 feet to a
point; thence along the line of lands of Hanson as described in dl.708
pg.15, South 02 degrees 28 minutes 05
seconds West 211.43 feet to a point being the rusted remains of an old pipe found; thence along the lands of
New York Central Line, Inc., North 86 degrees 25 minutes 24 seconds West 285.04 feet to a point; thence along
the line of Geloso before mentioned, North 02 degrees 28 minutes OS seconds East 203.59 feet to the point or
place of beginning.
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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RECEIVED NYSCEF:
INDEX NO. 04/24/2023
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NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023
tle No.: 3050-484389
SCHEDULE B
Mortgages of Record
Mortgages to be Foreclosed:
I. Mortgage made by Robinhood Properties L.LC. In favor of Habib American Bank In the original principal amount of
$680,000,00 dated as of April 1, 2010 and recorded in the Montgomery County Clerk's Office on June 7, 2010 as
Instrument No. 2010-37915, 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 in Book 1393 at Page 160,
As the above Mortgage
(a) was consolidated, modified and extended with a new money Mortgage in the amount of
$1B3,865.22 a single lien in the consolidated
to form principal amount of $500,000.00 by that certain Consolidation,
Extension, Modification Agreement (with 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-
169934 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 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 recorded 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. 2017-114502 in Book 3823 at Page 134.
The Mortgages
above I, II and 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 IIen In the consolidated principal amount
of $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. 2017-74270, (b) in the Herklmer County Clerk's Office on July 25, 2012 as Instrument
No. 2012-172872 in Book 1448 at Page 15 and (c) in the Washington County Clerk's Office on August 7, 2017 as
Instrument No. 2017-114504 in Book 3823 at Page 138.
SCHEDULE B CONTINUED
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023
Title No.: 3050-484389
SCHEDULEBCONTINUED
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 recorded (a) in the
Montgomery County Oerk's Office on November 10, 2020 as Instrument No. 2020-90171, (b) In the Herklmer County
Clerk's Office on November 6, 2020 as Instrument No. RP2020-5035, and (c) In the Washington County Clerk's Office
on November 3, 2020 as Instrument No. 2020-5457.
Assignment of Mortgage
by Cor Holdings, LLC to RealFl Real Estate Investment Trust LLC dated October 16, 2020 and
recorded (a) in the Montgomery County Clerk's Office on November 10, 2020 as Instrument No. 2020-90172, (b) In
the Herkimer County Oerk's Office on November 6, 2020, as Instrument No. RP2020-5036, and (c) in the Washington
County Oerk's Office on November 3, 2020 as Instrument No. 2020-5458, upon which Mortgage, as consolidated
there remains an unpaid principal balance of $1,500,000.00.
IV. Gap Mortgage made by Robinhood Properties L.L.C., Little Falls Garden Apartments LLC, Brookview Town Houses
LLC in favor of RealFI Real Estate Investment Trust LLC, dated October 16, 2020 in the original principal amount of
$750,000.00, and recorded (a) in the Montgomery County Clerk's Office on November 10, 2020 as Instrument No.
2020-90170, (b) In the Herkimer County Oerk's Office on November 6, 2020 as Instrument No. RP2020-5034, and (c)
in the Washington County Oerk's Office on November 3, 2020 as Instrument No. 2020-5459.
Mortgage, Consolidation, Modification and Extension Agreement among Robinhood Properties, LLC, Little Falls Garden
Apartments LLC, and Brookvlew Town Houses LLC, and RealFl Real Estate Investment Trust LLC dated October 16,
2020 in the original principal amountof $2,250,000.00 and recorded (a) In the Montgomery County Clerk's Office on
November 10, 2020 as Instrument No. 2020-90173, (b) in the Herkimer County Clerk's Office on November 6, 2020
as Instrument No. RP2020-5037, and (c) in the Washington County Clerk's Office on November 3, 2020 as Instrument
No. 2020-5460.
Assignment of Mortgage by RealFi Real Estate Investment Trust LLC to American Life & Security Corp. dated June 30,
2021 and recorded (a) in the Montgomery County Clerk's Office on October 4, 2021 as Instrument No. 2021-95167,
(b) in the Herkimer County Oerk's Office on October 4, 2021 as Instrument No. RP2021-5505, (c) in the Washington
County Clerk's Office on October 4, 2021 as Instrument No. 2021-6099.
SCHEDULEBCONTINUED
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
INDEX NO. EF2022-477
FILED:DOC. NO.
NYSCEF MONTGOMERY
184 COUNTY CLERK 02 /10 /2 023 12:56 PN] RECEIVED NYSCEF: 04/24/2023
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023
Title No.:3050-484389
SCHEDULE B CONTINUED
PriorMortgages:NONE
SubordinateMo:tgages:NONE
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477
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EF2 0 2 2 -4 7 7
FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12 : 56 PM|
NYSCEF DOC. NO . 14 5 RECEIVED NYSCEF : 02 / 10 / 2 0 2 3
Title No.: 3050-484389
SCHEDULE C
NECESSARY PARTIES DEFENDANT
This certification is made on the assumption that all parties are to be personally served in the proposed action. If
any of the persons hereinafter named
be dead, their legal representatives and successors In Interest should be
made parties defendant after search has been amended. If investigation by applicant discloses that there are
other persons having an interest in the property whose rights are subordinate to the mortgage to be foredosed,
such persons should also be made parties defendant after
search has been amended. If any leases, mortgages
or other Ilens recorded prior to the period coveredby this search, but which, by reason of subordination clauses
contained therein or otherwise, are in fact subordinate to the lien of the mortgage to be foreclosed, all persons
Interested in said leases, mortgages or other liens should also be made parties defendant after search had been
amended.
If The United States of America, State of New York, or City of New York or any of its agencies, are made parties,
the complaint must set forth the reason therefor in detail. (See R.P.A.P.L. Sec. 202 and 202A and 28 U.S.C.A.
2410.)
The provisions of the Soldiers and Sailors Civil Relief Act, as amended in 1942, must be complied with.
Bankruptcy Code Section 362 provides for an automatic stay of all judicial proceedings against a debtor who is
the subject of a bankruptcy petition. In addition, the Code may provide for the automatic stay of an action
against the guarantor of the obligations of a debtor In bankruptcy. (See A. H. Robbins Co., Inc. v. Piccinin, 788
F. 2d 994 (4th Cir 1986),
Preview
FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 04/24/2023 EXHIBIT H FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF FILED:DOC. NO. 184 MONTGOMERY COUNTY CLERK 02/10/2023 12:56 RECEIVED NYSCEF: INDEX NO. 04/24/2023 EF2022 -477 PM| NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02 /10/2023 FTWC-20 a MEa , REV.t993 First American Title Insurance Company MORTGAGE FORECLOSURE GUARANTEE AMOUNT OF INSURANCE: $10,000,00 GUARANTEE NO. 3050-484389 TITLE NO. 3050-484389 SUNECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABIUTY AND OTHER PROVISIONS OF T@tE CONDITIONS ANDSTIPULATIONS HERETOANNEXEDAND MADEA PARTOF THIS GUARANTEE First American Title Insurance Company a corporation, herein called the Company, GUARANTEES Sahn Ward Braff Koblenz PLLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reasons of any Incorrectness In the assurance which the Company hereby gives that, according to the public recordscon the date stated below: (1) Title to the land is vested of record in: Little Falls Garden Apartments LLC, Brookvlew Town Houses LLC, Robinhood Properties LLC (2) The necessary partles defendant to foreclose the mortgage set forth (n Schedule "B" are those set forth In Schedule "C". (3) All IIens or encumbrances affecting the land subsequent to the recording of the mortgage to be foreclosed, which are filed or recorded In those records in the County Clerk's Office, and in counties having a Register in the Register's Office, established by state statute for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge are listed In Schedule "D'. (4) The records of the taxing authority show that all taxes and assessinents which are a lien against the land have been paid as of the date herein, except for those taxes and assessments which are shown as open on the Tax Search. Annexed to this Guarantee are the following schedules: Schedule A:Descripbon of Mortgaged Land Schedule 8:Mortgage(s) to be foreclosed and any consolidations, Inodifications and assignrnents thereof of record Schedule C:Necessary Partles Defendant Schedule D:Exceptions to title subsequent to the recording of the mortgage to be foreclosed and other Information Schedule E:Tax Search DATED: 06/17/2022 First American Title insurance Company TIRSA MORTGAGE FORECLOSUREGUARANTEE (9/1/93) FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF INDEX NO . EF2 022 -4 7 7 FILED:DOC. NO. 184 MONTGOMERY COUNTY CLERK 02 /10 /2023 12:56 PM| RECEIVED NYSCEF: 04/24/2023 NYSCEF DOC . NO . 14 5 RECEIVED NYS CEF : 02 / 10/ 2 023 MORTGAGE FORECLOSURE GUARANTEE EXCLUS10NS,CONDTHONS, SUPULATIONS AND MISCELLANEOUSPROVISIONS 1. Definition of Terms The following terms when used In this Guarantee mean: (a) 'land": the land described, specifically or by reference, in the Guarantee and improvements affl×ed thereto which by law constitute real property; (b) "date": the effective date; (c) "the Assured": the party or parties named as the Assured In this Guarantee, or in a supplemental writing executed by the Company; (d) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument, (e) "necessary party defendant": Those persons or entitles who are necessary parties defendant pursuant to New York State Reaf Property Actions and Proceedings Law, Section 1311, except that searches have not been made for, and this Guarantee does not cover, General Assignments, Orders Appointing Receivers, and Petitions in Bankruptcy against judgment creditors and minor lienors, Searches for Financing Statements under the Uniform Commercial Code have been made only in the omce of the Recording Omcer of the County In which the land is situated, and only for those Indexed against the land. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Defects, Ilens, encumbrances, adverse claims against the title or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured; (b) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property, and taxes shown as paid on the Tax Search which, subsequent to the date hereof, are reinstated due to non-collection of funds or otherwise; (c) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water, land under water, and fand lying in the bed of streets; (d) Title to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or Improvement; or any rights or easements therein; (e) Any federal, state, or inunicipal lien or charge which may be filed In an office of the federal government, state government, or local municipal govemment, or any department, agency, or division of them, other than the office of the taxing authority, unless the lien or charge is also filed or recorded In the County Clerk's office, and in counties having a Register, In the Register's office; (f) Any person or entity whose Interest In the land may be disclosed by an accurate survey of the land or by an Inspection of the premises; (g) No searches for deaths of any necessary parties defendant have been rnade, except as to those listed on Schedule'C" as "Record Owner", and as to such persons, searches have only been made In the office of the Clerk of the Surrogate Court In which the land is located. 3. Prosecution of Actions (a) The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, In its opinion, may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this guarantee whether or not it shall be Ilable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at Its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable ald in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so Incurred. 4. Notice of Loss-Limitation of Action A statement In writing of any foss or damage for which It is claimed the Company Is liable under this Guarantee shall be fumished to the Company within sixty days after such loss or damage shall have been determined, and no right shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been fumished, and no recovery shall be had by the Assured under thls Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Fallure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against mamtenance by the Assured of any action under this Guarantee. S. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could fesult In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the guarantee shall terminate all liability of the Company hereunder. In the event, after notice of claim has been 0lven to the Company by the Assured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign sald Indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF INDEX NO . EF2 02 2 -4 77 FILED:DOC. NO. 184 MONTGOMERY COUNTY CLERK 02/10/2023 12:56 PM) RECEIVED NYSCEF: 04/24/2023 NYSCEF DOC . NO . 14 5 RECEIVED NYS CEF : 02 / 10 / 2 023 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of rellance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured In litigation carried on by the Company for the Assured, and all costs and attomey's fees in Illigation carried on by the Assured with the written authorization of the Company, but In no event shall such liability exceed the amount of |lability stated on the face page hereof. (c) No claim for damages shall arlse or be maintalnable under this Guarantee (1) If the Company after having received notice of an alleged additional necessary party defendant, removes the defect, lien or encumbrance on the land held by the additional necessary party defendant within a reasonable time after receipt of such notice, or (2) if the Company after having received notice of an alleged additional necessary party defendant, takes such steps that It deems proper for the purpose of perfecting the title, whether by foreclosure, re-foredosure, strict foreclosure or otherwise, and In such action or actions to plead subrogation whenever the Company deems it necessary, or (3) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, including attomey's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without produdng this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be fumished to the satisfaction of the Company. (e) When liability has been definitely fixed In accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and the Company shall have subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such dalm had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedles in the proportion which sold payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedles against any person or property necessary In order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies, 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provisfon or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, or a Vice President of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Comparty shall be addressed in it at: 633 Third Avenue, New York, NY 10017. 10. Fallure to Disclose This Guarantee shall be null and vold lf Assured, Its attorney or agent makes any untrue statement with respect to any material fact or suppress or falls to disclose any material fact or if any untrue answers are given to the Company to material inquiries before the issuance of this Guarantee. 11. Purpose of Guarantee (a) This Guarantee is made for and accepted by the Assured upon the express understanding that It is be used only for the foredosure of the mortgage(s) described in Schedule "B" or for the taking of a deed in lieu of foreclosure. (b) If a deed in lieu of foredosure is taken, the Company shall not be liable should the deed be attacked by the grantor, his successors or creditors, for inadequacy of consideration or as to the capacity of the record owner to execute such a deed or for any other reason. 12. Miscellaneous Provisions (a) Other than for purposes of establishing the vested owner of record of the land and for setting forth liens against a purchase money mortgagor, no search for defects in btle, liens, restrictive convenants or any other encumbrance existing or created prior to the date of the mortgage has been made. (b) No report on streets or searches for violations in Munidpal or other governmental departments have been made; nor have searches been made for corporation franchise taxes or license fees, Federal and State inheritance, transfer or estate taxes. Upon request, the Company will obtain a report from the State Tax Commission on corporation franchise taxes and license fees upon payment of an additional fee, but no respons|b$ty for the correctness of such reports will be assumed by the Company. (c) The premium hemin Includes one continuation of title, which shall be done solely for the purpose of establishing additional necessary parties defendant. The tax search shall not be updated except for an additional charge. FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF INDEX NO. FILED DOC. : NO. 184 MONTGOMERY COUNTY CLERK 0 2 / 10 / 2 0 2 3 12 : 5 6 PM) RECEIVED NYSCEF: 04/24/2023 EF2022-477 NYSCEF DOC. No. 145 RECEIVED NYSCEF: 02/10/2023 Title No.: 3050-484389 CERTIFICATION OF TITLE Title In: Uttle Falls Garden Apartments LLC, Brookview Town Houses LLC, Robinhood Properties LLC Who Acquired Title By Deeds: As to 759 East Monroe Street Extension, Uttle Falls, NY: - Deed dated 04/07/2010 given by Uttle Falls Garden Apartments, LLC to Uttle Falls Garden Apartments, LLC recorded 04/01/2011 as Instrument No. 2011-00164217, recorded to update legal description. - Deed dated 03/29/2010 given by United States of America to Uttle Falls Garden Apartments, LLC recorded 04/01/2011 as Instrument No. 2011-00164213. As to 97 Mettowee Street, Granville, NY: - Deed dated 04/01/2010 given by Brookview Town Houses, LLC to Brookview Town LLC recorded 06/01/2010 in Houses, Volm 2838 page 182, recorded to updated legal description. - Deed dated 09/25/2007 given by United States Department of Agriculture Rural Development to Brookvlew Town House, LLC recorded 12/19/2007 In Book 2486, page 339. As to 60 East Main Street, Fonda, NY: - Deed dated 04/01/2010 given by Robinhood Properties LLC to Robinhood Properties LLC recorded 06/07/2010 as Instrument No. 201096699, recorded to updated legal description. - Deed dated 04/28/2007 given by Adirondack Inc. to Robinhood Properties LLC recorded 06/12/2007 in Book Homesites, 1551, page 259. . . Premises Known As: - 759 East Monroe Street Little Falls, Herkimer County Extension, (115.45-1-2.2) - 97 Mettowee Washington Street, Granville, County (117.9-1-32.2) - 60 East Main Street, Fonda, Montgomery County (35.12-3-23), Effective Date: 06/17/2022 FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF FILED:DOC. NO. 184 INDEX RECEIVED NO. NYSCEF: EF2022-477 04/24/2023 MONTGOMERY COUNTY CLERK 02 / 10 / 2 023 12 : 56 PM| NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023 Title No.: 3050-484389 SCHEDULE A Parcel A - 759 East Monroe Street. Little Falls. NY All that certain lot, piece or parcel of land situate, lying and being in the City of Little Falls, County of Herkimer, State of New York and being more accurately bounded and described as follows: Beginning at a point in the northeasterly line of New York State Route #170 (aka East Monroe Street Extension) as per Acquisition mapping dated October 20, 1986 and being at the northwesterly comer of lands of Van Allen Realty Co., LLC said point also being the southerly most corner of the here-In described parcel; thence from the said point or place of beginning and following along the northeasterly IIne of New York State Route #170 as per Acquisition mapping the following (3) courses and distances: 1) North 34 degrees 23 minutes 27 seconds West 138.00 feet to a point, 2) North 24 degrees 08 minutes 39 seconds West 152.24 feet to a point, 3) North 02 degrees 02 minutes 59 seconds East 48.56 to a point; thence along the line between the City of Little Falls and the Town of Manheim on the north and being the lands of Nesom and following along or near old barbed wire fence remains, South 85 degrees 05 minutes 40 seconds East 349.74 feet to an Iron pin found, said pin being tied North 85 degrees 05 minutes 40 seconds West 538.30 feet from an Iron pin found on the westerly side of Burrell Road; thence along the line of lands of Van Allen Realty Co, LLC the following (2) courses and distances: 1) South 27 degrees 54 minutes 41 seconds West 230.81 feet to a point, 2) South 56 degrees 30 minutes 11 seconds West 122.24 feet to the point or place of beginning. Parcel B - 97 Mettowee Street, Granville, NY All that certain lot, piece or parcel of land situate, lying and being in the Village of Granville, Town of Granville, State of New York and being more accurately bounded and described as follows: 8eginning at a buried iron pin found in the southerly line of Mettowee Street at the northwest corner of lands of the Vlilage of Granville as described In dl.509 pg.13 and being tied, North 35 degrees 31 minutes 20 seconds West 324.38 feet from the former corner of lands of Berkowitz and also being the northeasterly most corner of the here-in described parcel; thence from the said point or place of beginning and following along the line of lands of the Village of Granville, South 39 degrees 29 minutes 47 seconds West 200.00 feet to an iron pin found; thence still along the line of lands of the Village of Granville, North 63 degrees 42 minutes 00 seconds West 200.00 feet to an iron pin found on the easterly shore of the Indian River; thence in a northerly direction along the easterly shore of the Indian River to a point in the southerly line of Mettowee said point being tied, Street North 24 degrees 09 minutes 50 seconds East 265.00 feet from the last mentioned iron pin found; thence along the southerly line of Mettowee Street the following (3) courses and distances: 1) along a curve to the left having a radius of 169.42 feet for an arc distance of 87.26 feet to a point, 2) South 53 degrees 07 minutes 10 seconds East 145.01 feet to a point, 3) along a curve to the right having a radius of 595.44 feet for an arc distance of 35.62 feet to the point or place of beginning. Parcel C -60 East Main Street Fonda. NY All that certain lot, plete or parcel of land situate, lying and being in the Village of Fonda, County of Montgomery, State of New York and being more accurately bounded and described as follows: 8eginning at a point In the southerly IIne of New York State Route# 5 (a.k.a. East Main Street) being at the northeasterly corner of lands of Geloso as described In Deed Liber 404 Page 802 and also being the northwesterly most corner of the here-in described parcel; thence from the said point or place of beginning and following along the southerly line of New York State Route #5, South 88 degrees 00 minutes 00 seconds East 285.00 feet to a point; thence along the line of lands of Hanson as described in dl.708 pg.15, South 02 degrees 28 minutes 05 seconds West 211.43 feet to a point being the rusted remains of an old pipe found; thence along the lands of New York Central Line, Inc., North 86 degrees 25 minutes 24 seconds West 285.04 feet to a point; thence along the line of Geloso before mentioned, North 02 degrees 28 minutes OS seconds East 203.59 feet to the point or place of beginning. FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. FILED: 184 MONTGOMERY COUNTY CLERK 02 1 2023 1 : 56 P RECEIVED NYSCEF: INDEX NO. 04/24/2023 EF2022-477 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023 tle No.: 3050-484389 SCHEDULE B Mortgages of Record Mortgages to be Foreclosed: I. Mortgage made by Robinhood Properties L.LC. In favor of Habib American Bank In the original principal amount of $680,000,00 dated as of April 1, 2010 and recorded in the Montgomery County Clerk's Office on June 7, 2010 as Instrument No. 2010-37915, 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 in Book 1393 at Page 160, As the above Mortgage (a) was consolidated, modified and extended with a new money Mortgage in the amount of $1B3,865.22 a single lien in the consolidated to form principal amount of $500,000.00 by that certain Consolidation, Extension, Modification Agreement (with 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- 169934 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 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 recorded 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. 2017-114502 in Book 3823 at Page 134. The Mortgages above I, II and 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 IIen In the consolidated principal amount of $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. 2017-74270, (b) in the Herklmer County Clerk's Office on July 25, 2012 as Instrument No. 2012-172872 in Book 1448 at Page 15 and (c) in the Washington County Clerk's Office on August 7, 2017 as Instrument No. 2017-114504 in Book 3823 at Page 138. SCHEDULE B CONTINUED FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF FILED DOC.: NO. 184 MONTGOMERY COUNTY CLERK 02/10/2023 12 : 5 6 RECEIVED NYSCEF: INDEX 04/24/2023 NO. EF2022-477 PM| NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023 Title No.: 3050-484389 SCHEDULEBCONTINUED 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 recorded (a) in the Montgomery County Oerk's Office on November 10, 2020 as Instrument No. 2020-90171, (b) In the Herklmer County Clerk's Office on November 6, 2020 as Instrument No. RP2020-5035, and (c) In the Washington County Clerk's Office on November 3, 2020 as Instrument No. 2020-5457. Assignment of Mortgage by Cor Holdings, LLC to RealFl Real Estate Investment Trust LLC dated October 16, 2020 and recorded (a) in the Montgomery County Clerk's Office on November 10, 2020 as Instrument No. 2020-90172, (b) In the Herkimer County Oerk's Office on November 6, 2020, as Instrument No. RP2020-5036, and (c) in the Washington County Oerk's Office on November 3, 2020 as Instrument No. 2020-5458, upon which Mortgage, as consolidated there remains an unpaid principal balance of $1,500,000.00. IV. Gap Mortgage made by Robinhood Properties L.L.C., Little Falls Garden Apartments LLC, Brookview Town Houses LLC in favor of RealFI Real Estate Investment Trust LLC, dated October 16, 2020 in the original principal amount of $750,000.00, and recorded (a) in the Montgomery County Clerk's Office on November 10, 2020 as Instrument No. 2020-90170, (b) In the Herkimer County Oerk's Office on November 6, 2020 as Instrument No. RP2020-5034, and (c) in the Washington County Oerk's Office on November 3, 2020 as Instrument No. 2020-5459. Mortgage, Consolidation, Modification and Extension Agreement among Robinhood Properties, LLC, Little Falls Garden Apartments LLC, and Brookvlew Town Houses LLC, and RealFl Real Estate Investment Trust LLC dated October 16, 2020 in the original principal amountof $2,250,000.00 and recorded (a) In the Montgomery County Clerk's Office on November 10, 2020 as Instrument No. 2020-90173, (b) in the Herkimer County Clerk's Office on November 6, 2020 as Instrument No. RP2020-5037, and (c) in the Washington County Clerk's Office on November 3, 2020 as Instrument No. 2020-5460. Assignment of Mortgage by RealFi Real Estate Investment Trust LLC to American Life & Security Corp. dated June 30, 2021 and recorded (a) in the Montgomery County Clerk's Office on October 4, 2021 as Instrument No. 2021-95167, (b) in the Herkimer County Oerk's Office on October 4, 2021 as Instrument No. RP2021-5505, (c) in the Washington County Clerk's Office on October 4, 2021 as Instrument No. 2021-6099. SCHEDULEBCONTINUED FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 INDEX NO. EF2022-477 FILED:DOC. NO. NYSCEF MONTGOMERY 184 COUNTY CLERK 02 /10 /2 023 12:56 PN] RECEIVED NYSCEF: 04/24/2023 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 02/10/2023 Title No.:3050-484389 SCHEDULE B CONTINUED PriorMortgages:NONE SubordinateMo:tgages:NONE FILED: MONTGOMERY COUNTY CLERK 04/24/2023 04:56 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 184 RECEIVED NYSCEF: INDEX NO. 04/24/2023 EF2 0 2 2 -4 7 7 FILED: MONTGOMERY COUNTY CLERK 02/10/2023 12 : 56 PM| NYSCEF DOC. NO . 14 5 RECEIVED NYSCEF : 02 / 10 / 2 0 2 3 Title No.: 3050-484389 SCHEDULE C NECESSARY PARTIES DEFENDANT This certification is made on the assumption that all parties are to be personally served in the proposed action. If any of the persons hereinafter named be dead, their legal representatives and successors In Interest should be made parties defendant after search has been amended. If investigation by applicant discloses that there are other persons having an interest in the property whose rights are subordinate to the mortgage to be foredosed, such persons should also be made parties defendant after search has been amended. If any leases, mortgages or other Ilens recorded prior to the period coveredby this search, but which, by reason of subordination clauses contained therein or otherwise, are in fact subordinate to the lien of the mortgage to be foreclosed, all persons Interested in said leases, mortgages or other liens should also be made parties defendant after search had been amended. If The United States of America, State of New York, or City of New York or any of its agencies, are made parties, the complaint must set forth the reason therefor in detail. (See R.P.A.P.L. Sec. 202 and 202A and 28 U.S.C.A. 2410.) The provisions of the Soldiers and Sailors Civil Relief Act, as amended in 1942, must be complied with. Bankruptcy Code Section 362 provides for an automatic stay of all judicial proceedings against a debtor who is the subject of a bankruptcy petition. In addition, the Code may provide for the automatic stay of an action against the guarantor of the obligations of a debtor In bankruptcy. (See A. H. Robbins Co., Inc. v. Piccinin, 788 F. 2d 994 (4th Cir 1986),