Preview
FILED: RICHMOND COUNTY CLERK 02/04/2021 09:05 PM INDEX NO. 151994/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/04/2021
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At the 7 of the Supreme Court
of the State of
New York, held in and for the
County of Richmond
in the Courthouse thereof
.'
located at 26 Centr
Avenue, Staten Island, New York 10301 on
.
the
Hon. Orlando Marrazzo, Jr, day of February 2020.
Present: Supreme Court Jujttc:
SUPREME COURT OF THE STATE OF NEW
YORK
COUNTY OF RICHMOND
DEUTSCHE BANK NATIONAL TRUST COMPANY
AS ORDER TO SHOW
TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN
CAUSE WITH TRO
TRUST 2006-AR35 MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-AR35
Plaintiff, lndex No. 135234/2018
-against-
IBRAHIM AYDINER; AYNUR GAS; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEM ,S INCI) C1T BA,NK FSB, S/B/M TO
INDYMAC F.S.B., A FEDEMLLY CHATERED
SAVINGS BANV; HAMIT CCDOE'' (REFUSED
LAST NAME); DEMIRKAN tCDOE'' (REFUSED
LASTNAME); UOZDA ECDOE''(REFUSED LAST
NAME); KENNY QAS;
CCJOI-IN
DOE //0556through GVOHNDOE #12 '' the last
twelve names being filiitious and unknown to plaintiff, the person
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon
the premises described in the complaint,
Defendants.
Upon the annexed afflnnation of NICHOLAS M. MOCCIA, ESQ.,
duly affirmed on
;
February 17, 2020k, and upon the affidavit of Defendant AYNUR
GAS, Defendant KENNY '"K
Ex. B OSC000048 l
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RICHMOND COUNTY
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AM)
INDEX
INDEX NO.
NO. 151994/2020
135234/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 35
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/04/2021
04/05/2018
• •
ADDENDUM TO ADJUSTABLE RATE NOTE Loan #:
(Prepayment)
THIS ADDENDUM is made this 19th day of October, 2006 , and is incorporated into and
intended to form a part of an Adjustable Rate Note dated the same date as this Addendum.
1. Section 5 of the Ad :±±!: Rate Note is modified to provide that I have the right to make
payments of principalat any time before they are due. A Prepaymentof all of the unpaidprine!pe!!s known as a
Prepayment." A Prepayment of only part of the unpaid principal is known as a "Partial Prepayment."
"Full
Except as provided below, I may make a Full Prepayment or a Partial Pispayment at any time without
paying any Prepayment charge. If within the first one ( 1 ) year(s) I make a Partial
Prep=yment or Partial Prepr;ment(s)of less than twenty percent (20%) of the origin:!pr!n:|p£!amount in any
twelve (12) month period, I will not pay a Propâymentpenalty. However, if within the first one
( 1 ) year(s), I make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than
twenty percent (20%) of the originalnrincipalarnountin any 12-month period,l will pay a Prepaymantchargein
an amount equal to the payment of six (6) months' advanceinterest on the amount prepaidin excess of twenty
percent (20%) of the original principal amount.
If I make a Partial Prepaymentequal to one or more of my monthly payments, the due date of my next
schedu!:ds:nt.'.|y payment may be advâñcad no more than one month. If I make a Partial Prepaymentin any
other amount, I must still make all subsequent monthly payments as sch d d.
2. All other provisions of the Adjustable Rate Note are unchanged by this Addendmn and remain in
full force and effect.
Dated:
(Seal) _ (Seal)
Ibrahiln Aydiner -Borrower -Borrower
(Seal) __ (Seal)
-Borrower -Barrower
(Seal) (Seal)
-Borrower -Borrower
............. (Seal) (Seal)
-Borrower -Borrower
IndyMacBankand FederallyExemptedSellerUse Only
HardPrepaymentAddendum(1-3yrs) - ARM
First Mortgages- Multistate,Arkansas(loansover $150,000)
SPD#084
8480279 (o407) vupMortgage ine.(800)521-7291
solutions, (08/04)
Ex. B OSC000049
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INDEX NO. 151994/2020
NYSCEF
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1
NO. 35 04/05/2018
RECEIVED NYSCEF: 02/04/2021
.C
t
Office of the
Richmond County Clerk
130 Stuyvesant Place
Staten Island, NY 10301
Hon. Stephen J. Fiala, County Clerk Acs-ooooooooolo4920-ooooooooo158169-027
Recording and Endorsement Cover Page
Document Id: 000000000138169 Document Date: 10/19/2006 Preparation Date: 16/24/2006
Document Type: MORTGAGE
Document Page Count: 00027
PRESENTER: RETURN TO:
'
GENERAL ABSTRACT CORP . . INDYMAC B ESB
334 FOREST AVE C/O DOC MANAGEMENT
901 E 4TH STREET
STATEN ISLAND NY, 10301 KANS CITY M0, 64131
PROPERTY DATA 4 OF BLOCKS 1 4 OF LOTS
Block Lot Unit Address
2392 37 Entire Lot 16 FURNESS PLACE
Type: - 2 or 3 Family
Property Dwelling Only
PARTIES
NORTCAGOR INDEX MORTGAGEE INDEX
IBRAHIM AYDINER MERS AS NOMINEE FOR INDYMAC BANK FSB
341 EAST 115TH STREET 155 NORTH LAKE AVENUE
NEW YORK NY, 10029 PASADENA CA, 91101
"And Others"
Nortgage Cons: $580,000.00
PAYMENT DETAIL
Make Checks Payable to:
=====================================================================-====================
Richmond County Clerk: 84.00 Fees
Recording
Richmond County Clerk: 12,585.00 Mortgage Tax
.-------------.-----
Total Payments For This Document:
==================================
12,669.00
======= ___
FEES PAID
EXAM DATE
LAND DOCC 159644
RECORDED IN RICHMOND COUN1Y
TAX CX 6046 $12,585.00
10/31/2006 10:21:38 A.H.
RECEIPT: 71743 FEE: $84.00
RICHtiDHO COUNTY CLERK OCT 31 2006
0 MTYCL N
Ex. B OSC000050
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NYSCEF DOC. NO. 35 04/05/2018
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(Page 2 of 27)
27
P7
After recording please return to:
IndyMac Bank, F.S.B. c/o Document
Management
[CompanyNarne]
[Nameof NaturalPerson)
901 E. 104th Street Building 8 Suite 400/500
[StreetAddress]
Eansas City, MO 64131
[City,State ZipCode]
[SpaceAboveThisLineForRecordingDatal
MORTGAGE
MIN:
WORDS USED OFTEN IN THIS DOCUMENT
Instrument." This document,which is dated October 2006 ,
(A) "Security Instrument." 19,
together with an Riders to this document,will be called the "Security
r
"Borrower." Ibrahim Aydiner tsar A G/)f .
(B) ;
t"
Co , whose addressis 16 Furnes Place, Staten
Island, NY 10314 simply"I"
sometimeswill be called "Borrower" and sometimessimply "I"
«In or "me."
"MERS" is Mottgage Electronic Registration
(C) Systems,Inc. MERS is a separatecorporation that is acting
solely as a nominee for Lender and Lender's successorsand assigns. MERS is organized and existing under the
laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026,
tel. (888) 679-MERS. FOR PURPOSE;S OF RECORDING THIS MORTGAGE, MERS IS THE
MORTGAGEE OF RECORD.
"Lender." IndyMac a federally chartered savings bank
(D) Bank, F.S.B.,
"Lender."
will be called Lender is a corporation or
associationwhich exists under the laws of Onited States of Anerica . Lender's
addressis 155 North Lake Avenue, Pasadena, CA 91101
.
"Note." The note signed
(E) by Borrower and dated October 19, 2006 ,
will be called the "Note." 'Ihe Note showsthat I owe Londer five hundred eighty thousand and
NO/100ths Dollars (U.S. $ 580,000.00 )
plus interest and other amountsthat may be payable. I have promised to pay this debt in Periodic Paymentsand to
pay the debt in full by November 1, 2036 .
Loan No:
NewYorkMortgagem e anuly-annieMae/Freddie
MacUNIFORMINSTRUMENT MERSModifiedForm303301/01
-THE COMPUANCE INC.-
SOURCE, Page1of 17 14381NY05/08
Ster.¾03)
.canst
.Oannr
.complanomoo/cc.corn
comp(ann«on/cc
con n/c
IocComp/ance
00000, Compacncc lnc.
Souse,
Son/m,
Ex. B OSC000051
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NYSCEF DOC. NO. 35 04/05/2018
RECEIVED NYSCEF: 02/04/2021
(Page 3 of 27)
"Property." 'Ibe Property," will
(F) property that is describedbelow in the section titled "Description of the
"Property."
be called the
"Loan." The "Loan" meansthe debt evidenced the Note, plus interest,any prepaymentchargesand late
(G) by
chargesdue under the Note, and all sumsdue under this Security Instrument, plus interest.
(H) "Sums Secured." The amounts describedbelow in the section titled "Borrower's Transfer to Lender of
Property" sometimeswill be called Secured."
Rights in the the "Sums
"Riders," All Riders attached to this
(I) Security Instrument that are signed by Borrower will be called
"Riders." The
following Ridersare to be signed by Borrower [check box as applicable]:
XX Adjustabic RateRider Condominium Rider SecondHome Rider
Balloon Rider PlannedUnit DevelopmentRider Biweekly PaymentRider
XX 1-4 Family Rider RevocableTrust Rider
Other(s) [specify]
(J) Applicable Law." All controlling applicable federal, stateand local statutes,regulations, ordinancesand
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable,judicial
Law."
opinions will be called "Applicable
Assessments." All
(K) "Community Association Dues, Fees, and dues, fees, assessmentsand other charges
that are imposed on Borrower or the Property by a condominium association, homeownersassociationor similar
organization will be called "Community Association Dues,Fees,and Assessments."
Transfer"
(L) "Electronic Funds Transfer." "Electronic Funds means any transfer of money, other than by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
Somecommon examplesof an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset
or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by
telephone,wire transfers,and automatedclearinghousetransfers.
(M) "Escrow Items." Those items that are describedin Section3 will be called "Escrow Items."
(N) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement, award of
damages,or proceedspaid by any third party (other than InsuranceProceedspaid under the coveragedescribedin
Section 5) for: (i) damageto, or destruction of, the Property; (ii) Condemnationor other taking of all-or any part of .
the Property; (III) conveyancein lieu of Condemnationor saleto avoid Condemnation; or (iv) misrepresentationsof,
or omissions as to, the value and/or condition of the Property. A taking of the Property by any govemmental
"Condemnation."
authority by eminent domain is known as
"Mortgage Insurance." Insurance"
(0) "Mortgage means insurance protecting Lender against the
nonpaymentof, or default on, the Loan.
(P) "Periodic Payment" The regularly scheduled amount due for-(i) principal and interest-underthe Note,
and (ii) any amountsunder Section 3 will be called "Periodic Payment."
"RESPA." "RESPA" meansthe Real EstateSettlementProceduresAct (12 U.S.C.
(Q) 62601 et seq.) and its
implementin re ulation, Re ulation X (24 C.F.R. Part 3500), as they might be amendedfrom time to time, or any
Loan No:
NewYorkMartgage-Single
Family-Fannie
Mae/Freddle
MacUNIFORMINSTRUMENT MERSModlGed Form303301/01
-THE COMPLIANCESoURCE, INC.-- Page2or17 toolNYAs (Rev.0M3)
pl ccooccc
com racComplioocc
01000, Ioc.
aoccce.
Ex. B OSC000052
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(Page 4 of 27)
additional or successorlegislation or regulation that governs the same subject matter. As used in this Security
"RESPA" refers to all requirements and restrictions that are imposed in regard to a
Instrument, "federally related
mortgageloan" even if the Loan doesnot qualify as a "federally related mortgage loan" under RESPA.
BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
I mortgage, grant and convey the Property to MERS (solely as nominee for Lender and Lender's successorsin
interest) and its successorsin interest subject to the terms of this Security Instrument. This meansthat, by signing
this Security Instrument, I am giving Lender those rights that are statedin this Security Instrument and also those
rights that Applicable Law gives to lenders who bold mortgageson real property. I am giving Lendertheserights to
protect Lender from possible lossesthat might result if I fail to:
--
(A)--Pay all the-amountsthat I owe Lender as statedin the Note including, butnot limited to all renewals,
extensionsand modifications of the Note;
(B) Pay, with interest, any amountsthat Lender spendsunder this Security Instrument to protect the value
of the Property and Lender's rights in the Property; and
(C) Keep all of my other promisesand agreementsunder this Security Instrument and the Note.
I understandand agreethat MERS holds only legal title to the rights granted by me in this Security Instrument, but,
if necessaryto comply with law or custom, MERS (as nominee for Lender and Lender's successorsand assigns)has
the right:
(A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the
Property; and
(B) to take any action required of Lender including, but not limited to, releasing and canceling this
Security Instrument.
DESCRIPTION OF THE PROPERTY
I give MERS (solely as nominee for Lender and Lender's successorsin interest) rights in the Property describedin
(A) through (G) below:
(A) The Property which is located at 16 Furnes Place ,
[Street)
Staten Island , New York 10314 . 'Illis Property is in
ICRy,Townor Vidage] fZipcode]
Richmond County. It bas the following legal description:
See Exhibit A attached hereto and made a part hereof
(B) All buildings and other improvements that are located on the Property describedin subsection(A) of
this section;
Loan No:
NewYorkMortgagefingle
Family-FeanicMac/Freddie
MacUNlFORMINSTRUMENT MERSModifiedForm3033Ol 1
-Tus COMPLIANCESOURCE, INc,- Page3of 17 H391NY06/O0
lace.
OM)))
w corn omcorn
plooccco rocCmprmoc
Orlop, Ooccc,l
Ex. B OSC000053
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. .
atewart t Itse
Insurance Company
Title No:
Schedule A Description
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of Staten
Island, County of Richmond, City and State of New York, bounded and described
as follows:
BEGINNING at a point on the Southwesterly side of Furness Place distant 93.00
feet Northwesterly from the corner formed by the intersection of the
Southwesterly side of Furness Place and the Northwesterly side of Lewiston
Street;
RUNNING THENCE South 36 degrees 19 minutes 38 seconds West 100.03 feet;
THENCE North 55 degrees 07 minutes 02 seconds West 42.80 feet;
THENCE North 36 degrees 19 minutes 38 seconds East 100.03 feet to the
Southwesterly side of Furness Place;
THENCE South 55 degrees 07 minutes 02 seconds East along the Southwesterly
side of Furness Place 42.80 feet to the point or place of BEGINNING.
SAID premises known as 16 Furness Place, Staten Island, New York.
Ex. B OSC000054
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27)
. .
(C) AH rights in other property that I have as owner of the Property described in subsection(A) of this
section.Theserights are known as"easementsand appurtenancesattachedto the Property;"
(D) All rights that I have in the land which lies in the streetsor roads in front of, or next to, the Property
describedin subsection(A) of this section;
(E) All fixtures that arc now or in the future will be on the Property describedin subsections(A) and (B)
of this section;
(F) All of the rights and property describedin subsections(B) through (E) of this section that I acquire in
the future; and
(G) All replacements of or additions to the Property described in subsections (B) through (F) of this
section and all InsuranceProceedsfor loss or damage to, and all Miscellaneous Proceedsof the Property
describedin subsections(A) through (F) of this section.
BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER's OBLIGATION TO
DEFEND OWNERSHIP OF THE PROPERTY
I promise that; (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to
Lender; and (C) there are no outstanding claims or chargesagainstthe Property, except for thosewhich are of public
record.
I give a general warranty of title to Lender. This meansthat I will be fully responsiblefor any losseswhich Lender
suffers becausesomeoneother than myself has some of the rights in the Property which I promise that I have. I
promise that I will defend my ownership of the Property against any claims of suchrights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Security Instrument contains promises and agreementsthat are used in real property security instruments all
over the country. It also contains other promises and agreementsthat vary in different parts of the country. My
promisesand agreementsare statedin "plain language."
COVENANTS
I promise and I agreewith Lender as follows:
1. Borrower's Promise to Pay. I will pay to Lender on time principal and interest due under the Note
and any prepayment, late chargesand other amounts due under the Note, I will also pay all amounts for Escrow
Items under Section3 of this Security Instrument.
Paymentsdue under the Note and this Security Instrument shall be made in U.S. currency. If any of my
payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be
made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, drawn
upon an institution whosedepositsare insured by a federal agency,instrumentality, or entity; or (d) Electronic Funds
Transfer.
Paymentsare deemedreceived by Lcnder when received at the location required in the Note, or at another
location designated by Lender under Section 15 of this Security Instrument. Lender may return or accept any
payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender acceptsa
lesser payment, Lender may refuse to accepta lesserpayment that I may make in the future and doesnot waive any
of its rights. Lender is not obligated to apply such lesserpayments when it acceptssuch payments. If interest on
principal accrues as if all Periodic Paymentshad been paid when due, then Lender need not pay interest on
unapplied funds. Lender may hold such unapplied funds until I make paymentsto bring the Loan current. If I do
Loan No:
NewYorkMortgage-Single
Family-Fannie
Mac/Freddie
MacUNIFORMINSTRUMENT MERSModifiedForm303301/U1
-TuE
TneCOMPUANCE INC.-
SOURCE. Page4or17 H301NYOB/O90ter.06/93]
.colon
o oconiplnneceooece.corn roeComplencc
Oieae, Inc.
Soonn.
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NYSCEF DOC. NO. 35 04/05/2018
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not do so within a reasonableperiod of time, Londer will either apply such funds or return them to me. In the event
of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to
foreclosure. No offset or claim which I might havenow or in the future against Lender will relieve me from making
payments due under the Note and this Security Instrument or keeping all of my other promises and agreements
securedby-this Security Instrument. .
2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this
Section 2 requires otherwise, Lender will apply eachof my paymentsthat Lender acceptsin the following order:
First, to pay interest due under the Note;
Next, to pay principal due under the Note; and
Next, to pay the amountsdue Lenderunder Section 3 of this Security Instrument.
Such paymentswill be applied to eachPeriodic Paymentin the order in which it becamedue.
Any remaining amountswill be applied as follows:
First, to pay any late charges;
Next, to pay any other amountsdueunder this Security Instrument; and
Next, to reducethe principal balanceof the Note.
If Lender receivesa payment from me for a late Periodic Payment which includes a sufficient amount to
pay any late charge due, the payment may be applied to the late Periodic Paymentand the late charge. If more than
one Periodic Payment is due, Lender may apply any payment received from me: First, to the repayment of the
Periodic Paymentsthat arc due if, and to the extent that, eachpayment can be paid in full; Next, to the extent that
any excessexists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may beapplied to any late chargesdue.
Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as
describedin the Note.
Any application of payments, insurance Proceeds,or Miscellaneous Proceedsto principal due under the
Note will not extend or postponethe duedate of the Periodic Paymentsor changethe amount of thosepayments.
3. Monthly Payments For Taxes And Insurance.
(a) Borrower's Obligations. I will pay to Lender all amounts necessaryto pay for taxes, assessments,
water charges,sewerrents and other similar charges,ground leaseholdpaymentsor rents (if any), hazard or property
insurancecovering the Property, flood insurance(if any), and any required Mortgage Insurance, or a Loss Reserve
as describedin Section 10 in the place of Mortgage Insurance. Each Periodic Paymcut will include an amount to be
applied toward paymentof the following items which are called "Escrow Items:"
(1) The taxes, assessments,water charges, sewer rents and other similar charges,on the Property which
under Applicable Law may be superior to this Security Instrument as a lien on the Property. Any claim,
demandor chargethat is made against property becausean obligation has not been fulfilled is known as a
"Lien;"
(2) The leascholdpaymentsor ground rents on the Property (if any);
(3) The premium for any and all insurancerequired by Lender under Section 5 of this Security Instrument;
(4) The premium for Mortgage Insurance(if any);
(5) The amount I may be required to pay Lender under Section 10 of-this-Security Instrument insteadof
the paymentof the premium for Mortgage Insurance(if any); and
(6) If required by Lender, the amount for any Community Association Dues,Fecs,andAssessments.
After signing the Note, or at any time during its term, Lender may include theseamountsas Escrow Items,
Preview
FILED: RICHMOND COUNTY CLERK 02/04/2021 09:05 PM INDEX NO. 151994/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/04/2021 ..a-- j j . . iJb' ov At the 7 of the Supreme Court of the State of New York, held in and for the County of Richmond in the Courthouse thereof .' located at 26 Centr Avenue, Staten Island, New York 10301 on . the Hon. Orlando Marrazzo, Jr, day of February 2020. Present: Supreme Court Jujttc: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DEUTSCHE BANK NATIONAL TRUST COMPANY AS ORDER TO SHOW TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN CAUSE WITH TRO TRUST 2006-AR35 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR35 Plaintiff, lndex No. 135234/2018 -against- IBRAHIM AYDINER; AYNUR GAS; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; MORTGAGE ELECTRONIC REGISTRATION SYSTEM ,S INCI) C1T BA,NK FSB, S/B/M TO INDYMAC F.S.B., A FEDEMLLY CHATERED SAVINGS BANV; HAMIT CCDOE'' (REFUSED LAST NAME); DEMIRKAN tCDOE'' (REFUSED LASTNAME); UOZDA ECDOE''(REFUSED LAST NAME); KENNY QAS; CCJOI-IN DOE //0556through GVOHNDOE #12 '' the last twelve names being filiitious and unknown to plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. Upon the annexed afflnnation of NICHOLAS M. MOCCIA, ESQ., duly affirmed on ; February 17, 2020k, and upon the affidavit of Defendant AYNUR GAS, Defendant KENNY '"K Ex. B OSC000048 l I 17 of 51 FILED: FILED: RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 02/04/2021 04/05/2018 09:05 10:28 PM AM) INDEX INDEX NO. NO. 151994/2020 135234/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 35 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/04/2021 04/05/2018 • • ADDENDUM TO ADJUSTABLE RATE NOTE Loan #: (Prepayment) THIS ADDENDUM is made this 19th day of October, 2006 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 5 of the Ad :±±!: Rate Note is modified to provide that I have the right to make payments of principalat any time before they are due. A Prepaymentof all of the unpaidprine!pe!!s known as a Prepayment." A Prepayment of only part of the unpaid principal is known as a "Partial Prepayment." "Full Except as provided below, I may make a Full Prepayment or a Partial Pispayment at any time without paying any Prepayment charge. If within the first one ( 1 ) year(s) I make a Partial Prep=yment or Partial Prepr;ment(s)of less than twenty percent (20%) of the origin:!pr!n:|p£!amount in any twelve (12) month period, I will not pay a Propâymentpenalty. However, if within the first one ( 1 ) year(s), I make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than twenty percent (20%) of the originalnrincipalarnountin any 12-month period,l will pay a Prepaymantchargein an amount equal to the payment of six (6) months' advanceinterest on the amount prepaidin excess of twenty percent (20%) of the original principal amount. If I make a Partial Prepaymentequal to one or more of my monthly payments, the due date of my next schedu!:ds:nt.'.|y payment may be advâñcad no more than one month. If I make a Partial Prepaymentin any other amount, I must still make all subsequent monthly payments as sch d d. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendmn and remain in full force and effect. Dated: (Seal) _ (Seal) Ibrahiln Aydiner -Borrower -Borrower (Seal) __ (Seal) -Borrower -Barrower (Seal) (Seal) -Borrower -Borrower ............. (Seal) (Seal) -Borrower -Borrower IndyMacBankand FederallyExemptedSellerUse Only HardPrepaymentAddendum(1-3yrs) - ARM First Mortgages- Multistate,Arkansas(loansover $150,000) SPD#084 8480279 (o407) vupMortgage ine.(800)521-7291 solutions, (08/04) Ex. B OSC000049 18 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 NYSCEF (Page 1 ofDOC. 27) 1 NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 .C t Office of the Richmond County Clerk 130 Stuyvesant Place Staten Island, NY 10301 Hon. Stephen J. Fiala, County Clerk Acs-ooooooooolo4920-ooooooooo158169-027 Recording and Endorsement Cover Page Document Id: 000000000138169 Document Date: 10/19/2006 Preparation Date: 16/24/2006 Document Type: MORTGAGE Document Page Count: 00027 PRESENTER: RETURN TO: ' GENERAL ABSTRACT CORP . . INDYMAC B ESB 334 FOREST AVE C/O DOC MANAGEMENT 901 E 4TH STREET STATEN ISLAND NY, 10301 KANS CITY M0, 64131 PROPERTY DATA 4 OF BLOCKS 1 4 OF LOTS Block Lot Unit Address 2392 37 Entire Lot 16 FURNESS PLACE Type: - 2 or 3 Family Property Dwelling Only PARTIES NORTCAGOR INDEX MORTGAGEE INDEX IBRAHIM AYDINER MERS AS NOMINEE FOR INDYMAC BANK FSB 341 EAST 115TH STREET 155 NORTH LAKE AVENUE NEW YORK NY, 10029 PASADENA CA, 91101 "And Others" Nortgage Cons: $580,000.00 PAYMENT DETAIL Make Checks Payable to: =====================================================================-==================== Richmond County Clerk: 84.00 Fees Recording Richmond County Clerk: 12,585.00 Mortgage Tax .-------------.----- Total Payments For This Document: ================================== 12,669.00 ======= ___ FEES PAID EXAM DATE LAND DOCC 159644 RECORDED IN RICHMOND COUN1Y TAX CX 6046 $12,585.00 10/31/2006 10:21:38 A.H. RECEIPT: 71743 FEE: $84.00 RICHtiDHO COUNTY CLERK OCT 31 2006 0 MTYCL N Ex. B OSC000050 19 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 1 NYSCEF DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 (Page 2 of 27) 27 P7 After recording please return to: IndyMac Bank, F.S.B. c/o Document Management [CompanyNarne] [Nameof NaturalPerson) 901 E. 104th Street Building 8 Suite 400/500 [StreetAddress] Eansas City, MO 64131 [City,State ZipCode] [SpaceAboveThisLineForRecordingDatal MORTGAGE MIN: WORDS USED OFTEN IN THIS DOCUMENT Instrument." This document,which is dated October 2006 , (A) "Security Instrument." 19, together with an Riders to this document,will be called the "Security r "Borrower." Ibrahim Aydiner tsar A G/)f . (B) ; t" Co , whose addressis 16 Furnes Place, Staten Island, NY 10314 simply"I" sometimeswill be called "Borrower" and sometimessimply "I" «In or "me." "MERS" is Mottgage Electronic Registration (C) Systems,Inc. MERS is a separatecorporation that is acting solely as a nominee for Lender and Lender's successorsand assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FOR PURPOSE;S OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. "Lender." IndyMac a federally chartered savings bank (D) Bank, F.S.B., "Lender." will be called Lender is a corporation or associationwhich exists under the laws of Onited States of Anerica . Lender's addressis 155 North Lake Avenue, Pasadena, CA 91101 . "Note." The note signed (E) by Borrower and dated October 19, 2006 , will be called the "Note." 'Ihe Note showsthat I owe Londer five hundred eighty thousand and NO/100ths Dollars (U.S. $ 580,000.00 ) plus interest and other amountsthat may be payable. I have promised to pay this debt in Periodic Paymentsand to pay the debt in full by November 1, 2036 . Loan No: NewYorkMortgagem e anuly-annieMae/Freddie MacUNIFORMINSTRUMENT MERSModifiedForm303301/01 -THE COMPUANCE INC.- SOURCE, Page1of 17 14381NY05/08 Ster.¾03) .canst .Oannr .complanomoo/cc.corn comp(ann«on/cc con n/c IocComp/ance 00000, Compacncc lnc. Souse, Son/m, Ex. B OSC000051 20 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 1 NYSCEF DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 (Page 3 of 27) "Property." 'Ibe Property," will (F) property that is describedbelow in the section titled "Description of the "Property." be called the "Loan." The "Loan" meansthe debt evidenced the Note, plus interest,any prepaymentchargesand late (G) by chargesdue under the Note, and all sumsdue under this Security Instrument, plus interest. (H) "Sums Secured." The amounts describedbelow in the section titled "Borrower's Transfer to Lender of Property" sometimeswill be called Secured." Rights in the the "Sums "Riders," All Riders attached to this (I) Security Instrument that are signed by Borrower will be called "Riders." The following Ridersare to be signed by Borrower [check box as applicable]: XX Adjustabic RateRider Condominium Rider SecondHome Rider Balloon Rider PlannedUnit DevelopmentRider Biweekly PaymentRider XX 1-4 Family Rider RevocableTrust Rider Other(s) [specify] (J) Applicable Law." All controlling applicable federal, stateand local statutes,regulations, ordinancesand administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable,judicial Law." opinions will be called "Applicable Assessments." All (K) "Community Association Dues, Fees, and dues, fees, assessmentsand other charges that are imposed on Borrower or the Property by a condominium association, homeownersassociationor similar organization will be called "Community Association Dues,Fees,and Assessments." Transfer" (L) "Electronic Funds Transfer." "Electronic Funds means any transfer of money, other than by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Somecommon examplesof an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone,wire transfers,and automatedclearinghousetransfers. (M) "Escrow Items." Those items that are describedin Section3 will be called "Escrow Items." (N) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation, settlement, award of damages,or proceedspaid by any third party (other than InsuranceProceedspaid under the coveragedescribedin Section 5) for: (i) damageto, or destruction of, the Property; (ii) Condemnationor other taking of all-or any part of . the Property; (III) conveyancein lieu of Condemnationor saleto avoid Condemnation; or (iv) misrepresentationsof, or omissions as to, the value and/or condition of the Property. A taking of the Property by any govemmental "Condemnation." authority by eminent domain is known as "Mortgage Insurance." Insurance" (0) "Mortgage means insurance protecting Lender against the nonpaymentof, or default on, the Loan. (P) "Periodic Payment" The regularly scheduled amount due for-(i) principal and interest-underthe Note, and (ii) any amountsunder Section 3 will be called "Periodic Payment." "RESPA." "RESPA" meansthe Real EstateSettlementProceduresAct (12 U.S.C. (Q) 62601 et seq.) and its implementin re ulation, Re ulation X (24 C.F.R. Part 3500), as they might be amendedfrom time to time, or any Loan No: NewYorkMartgage-Single Family-Fannie Mae/Freddle MacUNIFORMINSTRUMENT MERSModlGed Form303301/01 -THE COMPLIANCESoURCE, INC.-- Page2or17 toolNYAs (Rev.0M3) pl ccooccc com racComplioocc 01000, Ioc. aoccce. Ex. B OSC000052 21 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 1 NYSCEF DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 (Page 4 of 27) additional or successorlegislation or regulation that governs the same subject matter. As used in this Security "RESPA" refers to all requirements and restrictions that are imposed in regard to a Instrument, "federally related mortgageloan" even if the Loan doesnot qualify as a "federally related mortgage loan" under RESPA. BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to MERS (solely as nominee for Lender and Lender's successorsin interest) and its successorsin interest subject to the terms of this Security Instrument. This meansthat, by signing this Security Instrument, I am giving Lender those rights that are statedin this Security Instrument and also those rights that Applicable Law gives to lenders who bold mortgageson real property. I am giving Lendertheserights to protect Lender from possible lossesthat might result if I fail to: -- (A)--Pay all the-amountsthat I owe Lender as statedin the Note including, butnot limited to all renewals, extensionsand modifications of the Note; (B) Pay, with interest, any amountsthat Lender spendsunder this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promisesand agreementsunder this Security Instrument and the Note. I understandand agreethat MERS holds only legal title to the rights granted by me in this Security Instrument, but, if necessaryto comply with law or custom, MERS (as nominee for Lender and Lender's successorsand assigns)has the right: (A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the Property; and (B) to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. DESCRIPTION OF THE PROPERTY I give MERS (solely as nominee for Lender and Lender's successorsin interest) rights in the Property describedin (A) through (G) below: (A) The Property which is located at 16 Furnes Place , [Street) Staten Island , New York 10314 . 'Illis Property is in ICRy,Townor Vidage] fZipcode] Richmond County. It bas the following legal description: See Exhibit A attached hereto and made a part hereof (B) All buildings and other improvements that are located on the Property describedin subsection(A) of this section; Loan No: NewYorkMortgagefingle Family-FeanicMac/Freddie MacUNlFORMINSTRUMENT MERSModifiedForm3033Ol 1 -Tus COMPLIANCESOURCE, INc,- Page3of 17 H391NY06/O0 lace. OM))) w corn omcorn plooccco rocCmprmoc Orlop, Ooccc,l Ex. B OSC000053 22 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 1 NYSCEF DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 (Page 5 of 27) . . atewart t Itse Insurance Company Title No: Schedule A Description ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Staten Island, County of Richmond, City and State of New York, bounded and described as follows: BEGINNING at a point on the Southwesterly side of Furness Place distant 93.00 feet Northwesterly from the corner formed by the intersection of the Southwesterly side of Furness Place and the Northwesterly side of Lewiston Street; RUNNING THENCE South 36 degrees 19 minutes 38 seconds West 100.03 feet; THENCE North 55 degrees 07 minutes 02 seconds West 42.80 feet; THENCE North 36 degrees 19 minutes 38 seconds East 100.03 feet to the Southwesterly side of Furness Place; THENCE South 55 degrees 07 minutes 02 seconds East along the Southwesterly side of Furness Place 42.80 feet to the point or place of BEGINNING. SAID premises known as 16 Furness Place, Staten Island, New York. Ex. B OSC000054 23 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 NYSCEF (Page 6 of 1 DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 27) . . (C) AH rights in other property that I have as owner of the Property described in subsection(A) of this section.Theserights are known as"easementsand appurtenancesattachedto the Property;" (D) All rights that I have in the land which lies in the streetsor roads in front of, or next to, the Property describedin subsection(A) of this section; (E) All fixtures that arc now or in the future will be on the Property describedin subsections(A) and (B) of this section; (F) All of the rights and property describedin subsections(B) through (E) of this section that I acquire in the future; and (G) All replacements of or additions to the Property described in subsections (B) through (F) of this section and all InsuranceProceedsfor loss or damage to, and all Miscellaneous Proceedsof the Property describedin subsections(A) through (F) of this section. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER's OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that; (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or chargesagainstthe Property, except for thosewhich are of public record. I give a general warranty of title to Lender. This meansthat I will be fully responsiblefor any losseswhich Lender suffers becausesomeoneother than myself has some of the rights in the Property which I promise that I have. I promise that I will defend my ownership of the Property against any claims of suchrights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreementsthat are used in real property security instruments all over the country. It also contains other promises and agreementsthat vary in different parts of the country. My promisesand agreementsare statedin "plain language." COVENANTS I promise and I agreewith Lender as follows: 1. Borrower's Promise to Pay. I will pay to Lender on time principal and interest due under the Note and any prepayment, late chargesand other amounts due under the Note, I will also pay all amounts for Escrow Items under Section3 of this Security Instrument. Paymentsdue under the Note and this Security Instrument shall be made in U.S. currency. If any of my payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whosedepositsare insured by a federal agency,instrumentality, or entity; or (d) Electronic Funds Transfer. Paymentsare deemedreceived by Lcnder when received at the location required in the Note, or at another location designated by Lender under Section 15 of this Security Instrument. Lender may return or accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender acceptsa lesser payment, Lender may refuse to accepta lesserpayment that I may make in the future and doesnot waive any of its rights. Lender is not obligated to apply such lesserpayments when it acceptssuch payments. If interest on principal accrues as if all Periodic Paymentshad been paid when due, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until I make paymentsto bring the Loan current. If I do Loan No: NewYorkMortgage-Single Family-Fannie Mac/Freddie MacUNIFORMINSTRUMENT MERSModifiedForm303301/U1 -TuE TneCOMPUANCE INC.- SOURCE. Page4or17 H301NYOB/O90ter.06/93] .colon o oconiplnneceooece.corn roeComplencc Oieae, Inc. Soonn. Ex. B OSC000055 24 of 51 04/05/2018 09:05 FILED: RICHMOND COUNTY CLERK 02/04/2021 10:28 PM AM 135234/2018 INDEX NO. 151994/2020 1 NYSCEF DOC. NO. 35 04/05/2018 RECEIVED NYSCEF: 02/04/2021 (Page 7 of 27) not do so within a reasonableperiod of time, Londer will either apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might havenow or in the future against Lender will relieve me from making payments due under the Note and this Security Instrument or keeping all of my other promises and agreements securedby-this Security Instrument. . 2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law or this Section 2 requires otherwise, Lender will apply eachof my paymentsthat Lender acceptsin the following order: First, to pay interest due under the Note; Next, to pay principal due under the Note; and Next, to pay the amountsdue Lenderunder Section 3 of this Security Instrument. Such paymentswill be applied to eachPeriodic Paymentin the order in which it becamedue. Any remaining amountswill be applied as follows: First, to pay any late charges; Next, to pay any other amountsdueunder this Security Instrument; and Next, to reducethe principal balanceof the Note. If Lender receivesa payment from me for a late Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the late Periodic Paymentand the late charge. If more than one Periodic Payment is due, Lender may apply any payment received from me: First, to the repayment of the Periodic Paymentsthat arc due if, and to the extent that, eachpayment can be paid in full; Next, to the extent that any excessexists after the payment is applied to the full payment of one or more Periodic Payments, such excess may beapplied to any late chargesdue. Voluntary prepayments will be applied as follows: First, to any prepayment charges; and Next, as describedin the Note. Any application of payments, insurance Proceeds,or Miscellaneous Proceedsto principal due under the Note will not extend or postponethe duedate of the Periodic Paymentsor changethe amount of thosepayments. 3. Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations. I will pay to Lender all amounts necessaryto pay for taxes, assessments, water charges,sewerrents and other similar charges,ground leaseholdpaymentsor rents (if any), hazard or property insurancecovering the Property, flood insurance(if any), and any required Mortgage Insurance, or a Loss Reserve as describedin Section 10 in the place of Mortgage Insurance. Each Periodic Paymcut will include an amount to be applied toward paymentof the following items which are called "Escrow Items:" (1) The taxes, assessments,water charges, sewer rents and other similar charges,on the Property which under Applicable Law may be superior to this Security Instrument as a lien on the Property. Any claim, demandor chargethat is made against property becausean obligation has not been fulfilled is known as a "Lien;" (2) The leascholdpaymentsor ground rents on the Property (if any); (3) The premium for any and all insurancerequired by Lender under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance(if any); (5) The amount I may be required to pay Lender under Section 10 of-this-Security Instrument insteadof the paymentof the premium for Mortgage Insurance(if any); and (6) If required by Lender, the amount for any Community Association Dues,Fecs,andAssessments. After signing the Note, or at any time during its term, Lender may include theseamountsas Escrow Items,