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FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 04/05/2023
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FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.:
U.S. Bank National Association, as Trustee for BNC Date Filed:
Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates, Series 2007-1, SUMMONS
Plaintiff, Plaintiff designates Suffolk
County as the Place of Trial
-against-
Designation of Venue is based
upon the situs of the Subject
Candice Lewis, Administratrix to the Estate of Perry Lewis; Property
Natasha Lewis a/k/a Natasha N. Lewis, Individually and as
of Perry Subject Property:
Guardian to three (3) minor heirs of the Estate
Midland of Delaware, LLC 79 Westchester Avenue
Lewis; Quiana Lewis; Funding
APO Citibank NA DBA in New York as Midland West Babylon, NY 11704
USA,
Funding, LLC; GE Capital APO LVNV Funding, LLC;
Sunrun, Inc.; Town Supervisor of the Town of Babylon;
Clerk of the Suffolk County District Court; State of New
York; Clerk of the Suffolk County Traffic & Parking
Violations Agency
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien
upon the Subject Property described in the Complaint,
Defendants.
To THE ABOVE-NAMEDDEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, pr, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiffs Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the United
20-088634
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States of America is made a party defendant, the time to answer for the said United States of
America shall not expire until sixty (60) days after service of the Summons; and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the Complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you ean lose
your home.
Speak to an attorney or go to the court where your case is pending for farther
information on how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated:
Rochester, Nx
LOOS Legal GNup LLP Sk/a Shapiro,
Di aro & Barak, LLC
y: Frank M. Cassara, Esq.
Attorneys for Plainny
175 Mile Crossing Boulevani ..
Rochester, New York 14624
Telephone: (585) 247-9000
20-088634
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.:
U.S. Bank National Association, as Trustee for BNC Date Filed:
Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates,Series 2007-1,
COMPLANT
Plaintiff,
-against-
Candice Lewis, Administratrix to the Estate of Perry Lewis;
Natasha Lewis a/k/a Natasha N. Lewis, Individually and as
Guardian to three (3) minor heirs of the Estate of Perry
Lewis; Quiana Lewis; Midland Funding of Delaware, LLC
APO Citibank USA, NA DBA in New York as Midland
Funding, LLC; GE Capital APO LVNV Funding, LLC;
Sunrun, Inc.; Town Supervisor of the Town of Babylon;
Clerk of the Suffolk County District Court;State of New
York; Clerk of the Suffolk County Traffic & Parking
Violations Agency
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien
upon the Subject described in the Complaint, .
Property
Defendants.
The Complaint of the above-referenced Plaintiff, by its attorneys, LOGS Legal Gmup.LLP
f/k/a Shapiro, DiCaro & Barak, LLC, complains and alleges upon information and belief as
follows:
NATURE OF THISACTION
1. This action is brought and pursuant to Article 13 of the Real Property and
Proceedings Law for foreclosure of the mortgage dated December 11, 2006 and recorded on
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December 27, 2006 in Liber M00021442 of Mortgages, page 140, in the Public Records of the
County of Suffolk, State of New York (hereinafter referred to as the "Subject Mortgage"). The
Mortgage Tax was duly paid.
2. The premises (hereinafter referred to as "Subject Property") which forms the
"A"
subject of this action is fully described in Schedule attached hereto.
PARTIES
3. At all times hereinafter mentioned Plaintiff was and remaina a Corporation or
Association, organized and existing under the laws of the United States of America or of the
Stateofitsformation.
4. Upon information and belief, Perry Lewis, now deceased, at all relevant times,
maintained a residence within the State of New York and was the mortgagor pursuant to the
Subject Mortgage. The descriptions and interests of the heirs, successors and/or assigns of the
"B"
Estate of Perry Lewis are more fully set forth in Schedules and "C", respectively. See
RPAPL §§§ 1311, 1312, and 1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth herein below, as identified in Schedule "B", are named solely for the reasons set forth
in Schedule "C". See RPAPL §§§ 1311. 1312. and 1313.
#1" #12"
6. Defendants "JOHN DOE through "JOHN DOE are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312. and 1313.
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RELEVANTFACTS
7. On or about December 11, 2006, Perry Lewis, now deceased, duly executed,
acknowledged, and delivered a note (hereinafter referred to as the "Subject Note") wherein and
whereby Perry Lewis promised to repay the sum of $417,600.00 in monthly payments intemst,
taxes, assessments, leasehold payments or ground rents (if any), together with hazard and
"A"
mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit is a copy of
the Subject Note.
8. Plaintiff, directly or through an agent maintains physical and/or constructive
possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject
Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff
and/or such party having delegated authority to Plaintiff, prior to the commencement of the
instant action.
9. On Or about December 11, 2006, as collateral and to secure the repayment of the
sum represented by the Subject Note, Perry Lewis, now deceased, duly executed, acknowledged
and delivered the Subject Mortgage.
10. The Subject Mortgage secures the real property commonly known as 79
Westchester Avenue, West Babylon, NY 11704 and by District100 Section 137 Block3 Lot 80,
together with all fixtures, appurtenances, and articles of personal property annexed thereto,
installed therein, or used in connection with the in addition to all right, title, and interest of the
Defendants in and to the land lying in the streets and roads in front of adjoining said Subject
"A"
Property. Annexed hereto as Schedule is a copy of the legal description.
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11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove.
12. Said loan was modified. As evidence of the modification a Loan Modification
Agreement dated February 1, 2012 was executed. As a result of the foregoing, if not already
paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification
Agreement, if any, prior to the Judgment of Foreclosure and Sale.
13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS ANDFOR AFIRST CAUSE OFACTION
14. That Plaintiff repeats and realleges each and every allegation contained in
"1" "13"
paragraphs through paragraphs above with the same force and effect as if set forth at
length herein.
15. That Estate of Perry Lewis defaulted on their/his/her obligation having failed to
comply with the conditions of the Subject Note by withholding the payment amount that became
due on May 1, 2020,.and plaintiff is entitled to enforce its security interest against the Estate of
Perry Lewis pursuant to the terms of the Subject Mortgage. As of the date of this complaint, said
default has not been cured. There is now the amount of $537,715.84, plus interest, taxes,
assessments, leasehold payments or ground rents (if any), together with hazard and mortgage
insurance, if applicable, due and owing to Plaintiff.
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16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) or
his/her/their Estate to the extent required by the underlying loan documents, however, the default
remains uncured.
17. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
18. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
19. That based upon the foregoing, there is now due and owing from the Estate of
Perry Lewis to the Plaintiff, the principal sum of $537,715.84, plus interest thereon from April 1,
2020, in addition to those accumulated late charges and those recoverable monies advanced by
Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of Perry IEwis, now deceased,
attorneys'
together with all costs, including but not limited to, fees, disbursements, and further
allowances provided pursuant to the tinderlying loan documents and applicable law in bringing
any action to protect the Mortgagee's interest in the Subject Property.
20. That Plaintiff shall not be deemed to have waived, altered, released or changed
the election hereinbefore made by reason of the payment after the date of the commencement of
this action,.of any or all of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and any and all future defaults
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
21.. That to protect its security afforded by the Subject Note and Mortgage, it may be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
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are, or may become liens on the Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
22. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
23. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing..
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises inchiding, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
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24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any
rules and regulations promulga
Preview
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 04/05/2023 l¹ . . · FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED DOC. SUFFOLK NO. 68 COUNTY CLERK 15 : RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: U.S. Bank National Association, as Trustee for BNC Date Filed: Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, SUMMONS Plaintiff, Plaintiff designates Suffolk County as the Place of Trial -against- Designation of Venue is based upon the situs of the Subject Candice Lewis, Administratrix to the Estate of Perry Lewis; Property Natasha Lewis a/k/a Natasha N. Lewis, Individually and as of Perry Subject Property: Guardian to three (3) minor heirs of the Estate Midland of Delaware, LLC 79 Westchester Avenue Lewis; Quiana Lewis; Funding APO Citibank NA DBA in New York as Midland West Babylon, NY 11704 USA, Funding, LLC; GE Capital APO LVNV Funding, LLC; Sunrun, Inc.; Town Supervisor of the Town of Babylon; Clerk of the Suffolk County District Court; State of New York; Clerk of the Suffolk County Traffic & Parking Violations Agency #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. To THE ABOVE-NAMEDDEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, pr, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiffs Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United 20-088634 . of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED DOC. NO. 68 COUNTY RECEIVED INDEX NYSCEF: NO. 04/05/2023 611334/2021 : SUF FOLK CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you ean lose your home. Speak to an attorney or go to the court where your case is pending for farther information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Rochester, Nx LOOS Legal GNup LLP Sk/a Shapiro, Di aro & Barak, LLC y: Frank M. Cassara, Esq. Attorneys for Plainny 175 Mile Crossing Boulevani .. Rochester, New York 14624 Telephone: (585) 247-9000 20-088634 2 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED: DOC. SUFFOLK NO. 68 COUNTY CLERK 06/13/2021 02 : 40 RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: U.S. Bank National Association, as Trustee for BNC Date Filed: Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates,Series 2007-1, COMPLANT Plaintiff, -against- Candice Lewis, Administratrix to the Estate of Perry Lewis; Natasha Lewis a/k/a Natasha N. Lewis, Individually and as Guardian to three (3) minor heirs of the Estate of Perry Lewis; Quiana Lewis; Midland Funding of Delaware, LLC APO Citibank USA, NA DBA in New York as Midland Funding, LLC; GE Capital APO LVNV Funding, LLC; Sunrun, Inc.; Town Supervisor of the Town of Babylon; Clerk of the Suffolk County District Court;State of New York; Clerk of the Suffolk County Traffic & Parking Violations Agency #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject described in the Complaint, . Property Defendants. The Complaint of the above-referenced Plaintiff, by its attorneys, LOGS Legal Gmup.LLP f/k/a Shapiro, DiCaro & Barak, LLC, complains and alleges upon information and belief as follows: NATURE OF THISACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated December 11, 2006 and recorded on 3 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED DOC. : NO. 68 SUFFOLK COUNTY CLERK 5 2 0 : RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 December 27, 2006 in Liber M00021442 of Mortgages, page 140, in the Public Records of the County of Suffolk, State of New York (hereinafter referred to as the "Subject Mortgage"). The Mortgage Tax was duly paid. 2. The premises (hereinafter referred to as "Subject Property") which forms the "A" subject of this action is fully described in Schedule attached hereto. PARTIES 3. At all times hereinafter mentioned Plaintiff was and remaina a Corporation or Association, organized and existing under the laws of the United States of America or of the Stateofitsformation. 4. Upon information and belief, Perry Lewis, now deceased, at all relevant times, maintained a residence within the State of New York and was the mortgagor pursuant to the Subject Mortgage. The descriptions and interests of the heirs, successors and/or assigns of the "B" Estate of Perry Lewis are more fully set forth in Schedules and "C", respectively. See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth herein below, as identified in Schedule "B", are named solely for the reasons set forth in Schedule "C". See RPAPL §§§ 1311. 1312. and 1313. #1" #12" 6. Defendants "JOHN DOE through "JOHN DOE are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312. and 1313. 4 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 Igp. DOC. NO. NYSCEF 68 SUFFOH Y cm 0 . RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 RELEVANTFACTS 7. On or about December 11, 2006, Perry Lewis, now deceased, duly executed, acknowledged, and delivered a note (hereinafter referred to as the "Subject Note") wherein and whereby Perry Lewis promised to repay the sum of $417,600.00 in monthly payments intemst, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and "A" mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit is a copy of the Subject Note. 8. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 9. On Or about December 11, 2006, as collateral and to secure the repayment of the sum represented by the Subject Note, Perry Lewis, now deceased, duly executed, acknowledged and delivered the Subject Mortgage. 10. The Subject Mortgage secures the real property commonly known as 79 Westchester Avenue, West Babylon, NY 11704 and by District100 Section 137 Block3 Lot 80, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject "A" Property. Annexed hereto as Schedule is a copy of the legal description. 5 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED DOC. : NO. 68 SUFFOLK COUNTY CLERK : RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove. 12. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated February 1, 2012 was executed. As a result of the foregoing, if not already paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foreclosure and Sale. 13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS ANDFOR AFIRST CAUSE OFACTION 14. That Plaintiff repeats and realleges each and every allegation contained in "1" "13" paragraphs through paragraphs above with the same force and effect as if set forth at length herein. 15. That Estate of Perry Lewis defaulted on their/his/her obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on May 1, 2020,.and plaintiff is entitled to enforce its security interest against the Estate of Perry Lewis pursuant to the terms of the Subject Mortgage. As of the date of this complaint, said default has not been cured. There is now the amount of $537,715.84, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 6 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF FILED DOC. NO. 68 SUFFOLK COUNTY CLERK : RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) or his/her/their Estate to the extent required by the underlying loan documents, however, the default remains uncured. 17. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19. That based upon the foregoing, there is now due and owing from the Estate of Perry Lewis to the Plaintiff, the principal sum of $537,715.84, plus interest thereon from April 1, 2020, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of Perry IEwis, now deceased, attorneys' together with all costs, including but not limited to, fees, disbursements, and further allowances provided pursuant to the tinderlying loan documents and applicable law in bringing any action to protect the Mortgagee's interest in the Subject Property. 20. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action,.of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21.. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which 7 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF ILED DOC. : NO. 68 SUFFOLK COUNTY CLERK 2 0 0 : RECEIVED INDEXNYSCEF: NO. 04/05/2023 611334/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing.. hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises inchiding, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 8 of 17 FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 68 RECEIVED NO. 611334/2021 INDEX NYSCEF: 04/05/2023 FILED : SUFFOLK COUNTY CLERK O d /15/2021 02:40 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/15/2021 24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any rules and regulations promulga