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FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______---- ...___---_______Ç
PNC BANK, NATIONAL ASSOCIATION
AFFSAVIT IN SUPPORT OF
Plaintiff MOTION FOR SUMMARY
JUDGMENT
vs
INDEX #: 606687/2023
KEVIN VALENTINE, JAMISE VALENTINE, ET
AL. MORTGAGED PREMISES:
106 Munro Boulevard, Valley Stream, NY
11581
Defendant(s)
-_______..___..______Ç
STATE OF Oh m )
COUNTY OF )ss.:
, ing d sworn, deposes and says:
1. I am LORI WYSONG , AUTHORIZED SIGNER of PNC Bank,
National Association ("PNC"), the Plaintiff in the above-referenced action, and I am fully familiar with
the facts and circumstances of the above-captioned foreclosure action. The PNC Bank, National
Association is the holder of the note and mortgage at issue herein and was so at the time this action was
commenced, as evidenced by the exhibits attached hereto, and is in possession of the original note. A
copy of the note is attached as Exhibit "1".
2. I make this affidavit with personal knowledge of the facts and circumstances herein
which are derived from my personal knowledge, information provided by Plaintiff's attorney, and/or an
independent examination of the financial books and business records made in the ordinary course of
business maintained by PNC to be an accurate and fair representation of the occurrences with which the
record purports to represent as well as business records relative to the above captioned foreclosure action.
I am familiar with the record keeping systems that PNC uses to record and create information related to
the residential mortgage loans that it services, including the processes by which Plaintiff and/or its loan
servicer obtains the loan information in those systems. Many of those processes are automated. When the
employees of PNC manually enter data relating to loans on those systems, such employees have personal
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knowledge of that information and enter it into the system at or near the time they acquired that
knowledge. The records relied upon are made in the regular course of business made at or about the time
the event is being recorded, are systematically made for the conduct of business, and are relied upon as
the accurate routine reflections of the day-to-day regularly conducted business activity, so they may be
relied upon as being truthful and accurate. In connection with making this affidavit, I have personally
examined these business records reflecting data and information as of November 18, 2023. This affidavit
is made in support of Plaintiff's motion for summary judgment, to strike Defendant's answer, and to
allow this foreclosure action to proceed to judgment.
3. I have reviewed the Verified Answer submitted by Defendant, Kevin Valentine and
Defendant Jamise Valentine, through their attorney, David L Singer, Esq., in the above-referenced action.
A copy, of said Verified Answer is attached as Exhibit "2".
4. Based upon the information provided to me by Plaintiff's attorney herein, it is
respectfully submitted that the Verified Answer of Defendant raises no issues of fact.
5. Any denials, denials of knowledge or information, and admissions contained in said
Verified Answer are addressed below, which responses are based upon information provided by
Plaintiff's attorneys.
6. That with regard to the denials, denials of knowledge or information, and admissions of
Defendant as regards Plaintiff's Complaint, your deponent specifically re-alleges each allegation
contained in the Complaint, based upon personal knowledge, information provided by the Plaintiff's
attorneys, and/or independent examination of the books and records described in paragraph 2.
7. This is an action to foreclose on a Mortgage relating to 106 Munro Boulevard, Valley
Stream, NY 11581 ("Premises") dated November 25, 2003, executed by Kevin Valentine and Jamise
Valentine, to secure the sum of $300,600.00 and recorded in Book 25589, Page 385 in the Office of the
Nassau County Clerk, State of New York on December 15, 2003. Copies of the Mortgage and
Assignment chain are attached as Exhibit "3". It is respectfully submitted that Defendant has breached
his obligations under the Note and Mortgage by failing to successfully tender funds for the December,
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2017 payment and all successive payments thereafter. As such, Plaintiff is entitled to accelerate the
Mortgage and seek a Judgment of Foreclosure and Sale. A copy of the relevant payment history of the
loan evidencing the borrower's default is attached as Exhibit "4".
8. On October 25, 2022, Plaintiff sent the required 90 day notice of intent to foreclose (the
"90 Day Notice") to Kevin Valentine at 106 Munro Blvd, Valley Stream, NY 11581 and to Jamise
Valentine at 106 Munro Blvd, Valley Stream, NY 11581 to by certified mail, return receipt requested and
by regular mail, notifying Defendant of the default and the ability to cure the default on or before January
23, 2023 by making payment of $224,085.70 on or before that date, and that if the default was not cured,
PNC may commence legal action. I have reviewed the 90 Day Notice and confirm that it was sent at least
90 days prior to the commencement of this action, complied with all content requirements contained
therein, and was in at least 14-point type. The notice was mailed to Defendant in a separate envelope from
any other mailing or notice by certified mail and also by first-class mail to the last known address of the
Defendant, and if different, to the Premises. I have firsthand knowledge of the mailing procedures and
reviewed the notes maintained in our business records to acknowledge satisfaction of the mailing
requirements. True and correct copies of the 90 Day Notice are attached as Exhibit "5".
9. In that regard the notice was sent with a list of at least five counseling agencies
designated by the Division of Housing and Community Renewal as agencies that serve the region where
the borrower resides. The notice was mailed to Kevin Valentine via first class and certified mail to 106
Munro Blvd, Valley Stream, NY 11581 and the notice was mailed to Jamise Valentine via first class and
certified mail to 106 Munro Blvd, Valley Stream, NY 11581. Information was electronically filed with
the Superintendent of Financial Services, in the form prescribed by the Superintendent and
Superintendent's website provided Confirmation Number NYS5776012 acknowledging receipt of the
required information. A copy of Proof of Filing Statement issued by the New York State Department of
Financial Services 90-Day Pre-Foreclosure Filings website is attached hereto as Exhibit "6".
10. On October 25, 2022, Plaintiff also sent a 30 day notice of default (the "30 Day Notice")
to Defendant at the Premises by first-class mail, notifying Defendant of the default and the ability to cure
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the default by making a payment in the amount of $224,085.70, in the form of certified funds on or before
November 24, 2022, and that if the default was not cured, PNC reserved the right to accelerate the Note
and Mortgage such that the entire unpaid principal balance due thereon would become due and payable
and further reserved· its right to commence foreclosure action. A true and correct of the 30 Day
copy
Notice is attached as Exhibit "7".
11. The 90 Day Notice and 30 Day Notice (the "Notices") are records that are generated and
maintained PNC in the regular and course of business. I am familiar with the above-
by ordinary
referenced business records, and they do not deviate from similar records generated and maintained by
PNC. It is the regular custom and practice of PNC to retain these Notices. Said Notices are generated
through our system and the content of the notices are archived in the system. The computer software
program used in storing the documents can only be accessed by trained personnel with the requisite
authority and clearance, and it cannot be altered once they have been stored. I am authorized and trained
to access these records. It is the regular custom and practice of PNC to upload and save the Notices
contemporaneously with the mailing of the Notices. True, complete and accurate copies of the Letter Log
"8"
are collectively annexed hereto as Exhibit
12. I have checked the records kept in the regular course of business by this institution, and
confirm that the amount stated in the Complaint to be due and owing to the Plaintiff is correct. The last
payment made was applied to the monthly payment due on November 01, 2017. As such, the loan is now
due for monthly payments commencing with the payment due on December 01, 2017. As of November
18, 2023, the amount due is as follows: the principal balance of $257,406.66, plus the deferred principle
balance of $67,831.21, plus 6.275% interest from the November 01, 2017, together with $143,382.90 for
the following:
Late Charges: $146.75
Advances:
Tax Advance: $100,765.62
Insurance Advance: $41,405.53
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Maintenance: $0.00
Inspections: $1,065.00
BPO/Appraisals: $0.00
NSF Fees: $0.00
Escrow Advance ($1,855.69)
Prior Action Attorney Fees and Costs $420.00
DECWBB
This the day of
20_.2_3
By.
ignature
Printed Name:
LORI WYSONG
Title:
AUTHORIZED SIGNER
PNC Bank, National Association
Sworn to and Subscribed before me this 1 DEC in the year 2023
day of
Not Public Asc
UNIFORM FORM CERTIFICATE OF ACKNOWLEDGME
(Outside of New York State)
STATE OF OHIO
RU
COUNTY OF MONTGOMERY ) ss: OF
On the _1_ day of DECEMBER in the year 2023 before me, the undersigned, personally
appeared LORI WYSONG , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose names is (are) subscribed to the within instrument and
acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument, and that such individual made such appearance before the undersigned in
the MIAMISBURG OHIO . (Insert the city or political subdivision and the state or country or other
place the acknowledgment was taken).
.g1fATRIC
(Si ture and office of in idual taking acknowledgment)
GPS number: 23-000429 .
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22 NYCRR § 202.8-b(c) CERTIFICATION
In accordance with Section 202.8-b (c) of the Uniform Civil Rules for the Supreme Court
and the County Court, the undersigned certifies that the word count in this Affidavit (excluding
the caption, table of contents, table of authorities, and signature block), is 1,401 and complies
with the limit set forth in Section 202.8-b(a). This certification is made via reliance on the word
count feature of the word-processing system used to prepare it.
_/s/Melissa M. Loecher_______
Melissa M. Loecher, Esq.
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EXHIBIT 1
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NOTE
November 25 , 2003 SYOSSET NEW YORK
[Datel [City]
106 MUNRO BLVD, VALLEY STREAM, New Y ark 11581
[Pmperty Address]
1. BORROWER'S PROMISE TO PAY
'
In return for a loan that I have received, I promise pay U.S.$ 300, 600. 00 (this amount is called "Principal"),
plus interest, to the order of the Leader. The Leader is
NATIONAL CITY MORTGAGE CO
I will make all payments under this Note in the form of , check or money order.
I understand that the Lender may transfer this Note. The lander or anyone who takes this Note by transfer and who is entitled
Holder."
to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 6. 275 %.
The interest rate required by this Sectioin 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
b
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on January 1s t 2004 . 1 will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly pay sent will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on December 1 2033 , I still owe amounts under this Note, I will pay those amounts in full on
that date, whichis called the "Maturity Date.
I will
make my monthly payments at National City Mortgage Co.,
P O Box 17 677, , Baltimore, h 1 21297-1677 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the ans mt of U.S.$ 1, 855.74 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments at any time before they are due. A payment of Principal only is known as a
of I rincipal
"Prepayment."
When tell the Note Holder in writing that I am doing so. I may not designate a payment
I make a Prepayment, I will
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
NEW YORK FIXED RATE NOTE-Single Family- Fannie MaefFreddle Mac UNIFORM INSTRUMENT
-5N(NY) (ooos) Form3233121
VMPMoRTGAGE FORMS- (800)521-7291
Page1of3 initials:
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5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted then:
(a) any such loan charge
limits,
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 2.00 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default .
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If 1 am in default, the Note
Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note may require me to pay immediately
Holder the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least30 days aller the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required
me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless applicable
law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more signs this Note, each person is fully and personally obligated to keep all of the promises made in this
than one person
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" Dishonor"
means the right to require the Note Holder to demand payment of amounts due. "Notice of means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Form
-5N(NY) (o00s) of2 ofa
9 .Page 231 initials
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust,
or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
Iandermay require immediate payment in full of all Sums Secured by this Security Instrument if all or any
part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written
permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without
lander's prior written permission, Iznder also rnay require immediate payment in full. However, this option
shall not be exercised by Ionder if such exercise is prohibited by Applicable Law.
If Lander requires immediate payment in full under this Section 18, Iznder will give me a notice which
states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period
will begin on the date the notice is given to me in the manner
required by Section 15 of this Security Instrument.
If I do not make the required payment during that period, Leader may act to enforce its rights under this Security
Instrument without giving me any further notice or demand for payment.
WITNESS TH HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
K VIN INE -Borrower SE VALENTINE -Borrower
104720705 218191343
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
to the order of
Pay
without recourse in any event
MORTGAGE CO. idA
yNATIONAL TY fs¿,,, o, o,
BY:
Victor johnson. ivery Soecialist
-SN(NY) (0005) Page3 of3 Fonn 3233 1/01
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EXHIBIT 2
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INDEX NO. 606687/2023
FILED : NASSAU COUNTY CLERK 0 9 / 2 7 / 2 0 2 3 11: 01 AMI
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09-/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- - - - - - - - ..____. _ -- _ --.--.. -- - - - - - - _ - - - _ x
PNC BANK, NATIONAL ASSOCIATION,
Preview
FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______---- ...___---_______Ç PNC BANK, NATIONAL ASSOCIATION AFFSAVIT IN SUPPORT OF Plaintiff MOTION FOR SUMMARY JUDGMENT vs INDEX #: 606687/2023 KEVIN VALENTINE, JAMISE VALENTINE, ET AL. MORTGAGED PREMISES: 106 Munro Boulevard, Valley Stream, NY 11581 Defendant(s) -_______..___..______Ç STATE OF Oh m ) COUNTY OF )ss.: , ing d sworn, deposes and says: 1. I am LORI WYSONG , AUTHORIZED SIGNER of PNC Bank, National Association ("PNC"), the Plaintiff in the above-referenced action, and I am fully familiar with the facts and circumstances of the above-captioned foreclosure action. The PNC Bank, National Association is the holder of the note and mortgage at issue herein and was so at the time this action was commenced, as evidenced by the exhibits attached hereto, and is in possession of the original note. A copy of the note is attached as Exhibit "1". 2. I make this affidavit with personal knowledge of the facts and circumstances herein which are derived from my personal knowledge, information provided by Plaintiff's attorney, and/or an independent examination of the financial books and business records made in the ordinary course of business maintained by PNC to be an accurate and fair representation of the occurrences with which the record purports to represent as well as business records relative to the above captioned foreclosure action. I am familiar with the record keeping systems that PNC uses to record and create information related to the residential mortgage loans that it services, including the processes by which Plaintiff and/or its loan servicer obtains the loan information in those systems. Many of those processes are automated. When the employees of PNC manually enter data relating to loans on those systems, such employees have personal 1 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 knowledge of that information and enter it into the system at or near the time they acquired that knowledge. The records relied upon are made in the regular course of business made at or about the time the event is being recorded, are systematically made for the conduct of business, and are relied upon as the accurate routine reflections of the day-to-day regularly conducted business activity, so they may be relied upon as being truthful and accurate. In connection with making this affidavit, I have personally examined these business records reflecting data and information as of November 18, 2023. This affidavit is made in support of Plaintiff's motion for summary judgment, to strike Defendant's answer, and to allow this foreclosure action to proceed to judgment. 3. I have reviewed the Verified Answer submitted by Defendant, Kevin Valentine and Defendant Jamise Valentine, through their attorney, David L Singer, Esq., in the above-referenced action. A copy, of said Verified Answer is attached as Exhibit "2". 4. Based upon the information provided to me by Plaintiff's attorney herein, it is respectfully submitted that the Verified Answer of Defendant raises no issues of fact. 5. Any denials, denials of knowledge or information, and admissions contained in said Verified Answer are addressed below, which responses are based upon information provided by Plaintiff's attorneys. 6. That with regard to the denials, denials of knowledge or information, and admissions of Defendant as regards Plaintiff's Complaint, your deponent specifically re-alleges each allegation contained in the Complaint, based upon personal knowledge, information provided by the Plaintiff's attorneys, and/or independent examination of the books and records described in paragraph 2. 7. This is an action to foreclose on a Mortgage relating to 106 Munro Boulevard, Valley Stream, NY 11581 ("Premises") dated November 25, 2003, executed by Kevin Valentine and Jamise Valentine, to secure the sum of $300,600.00 and recorded in Book 25589, Page 385 in the Office of the Nassau County Clerk, State of New York on December 15, 2003. Copies of the Mortgage and Assignment chain are attached as Exhibit "3". It is respectfully submitted that Defendant has breached his obligations under the Note and Mortgage by failing to successfully tender funds for the December, 2 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 2017 payment and all successive payments thereafter. As such, Plaintiff is entitled to accelerate the Mortgage and seek a Judgment of Foreclosure and Sale. A copy of the relevant payment history of the loan evidencing the borrower's default is attached as Exhibit "4". 8. On October 25, 2022, Plaintiff sent the required 90 day notice of intent to foreclose (the "90 Day Notice") to Kevin Valentine at 106 Munro Blvd, Valley Stream, NY 11581 and to Jamise Valentine at 106 Munro Blvd, Valley Stream, NY 11581 to by certified mail, return receipt requested and by regular mail, notifying Defendant of the default and the ability to cure the default on or before January 23, 2023 by making payment of $224,085.70 on or before that date, and that if the default was not cured, PNC may commence legal action. I have reviewed the 90 Day Notice and confirm that it was sent at least 90 days prior to the commencement of this action, complied with all content requirements contained therein, and was in at least 14-point type. The notice was mailed to Defendant in a separate envelope from any other mailing or notice by certified mail and also by first-class mail to the last known address of the Defendant, and if different, to the Premises. I have firsthand knowledge of the mailing procedures and reviewed the notes maintained in our business records to acknowledge satisfaction of the mailing requirements. True and correct copies of the 90 Day Notice are attached as Exhibit "5". 9. In that regard the notice was sent with a list of at least five counseling agencies designated by the Division of Housing and Community Renewal as agencies that serve the region where the borrower resides. The notice was mailed to Kevin Valentine via first class and certified mail to 106 Munro Blvd, Valley Stream, NY 11581 and the notice was mailed to Jamise Valentine via first class and certified mail to 106 Munro Blvd, Valley Stream, NY 11581. Information was electronically filed with the Superintendent of Financial Services, in the form prescribed by the Superintendent and Superintendent's website provided Confirmation Number NYS5776012 acknowledging receipt of the required information. A copy of Proof of Filing Statement issued by the New York State Department of Financial Services 90-Day Pre-Foreclosure Filings website is attached hereto as Exhibit "6". 10. On October 25, 2022, Plaintiff also sent a 30 day notice of default (the "30 Day Notice") to Defendant at the Premises by first-class mail, notifying Defendant of the default and the ability to cure 3 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 the default by making a payment in the amount of $224,085.70, in the form of certified funds on or before November 24, 2022, and that if the default was not cured, PNC reserved the right to accelerate the Note and Mortgage such that the entire unpaid principal balance due thereon would become due and payable and further reserved· its right to commence foreclosure action. A true and correct of the 30 Day copy Notice is attached as Exhibit "7". 11. The 90 Day Notice and 30 Day Notice (the "Notices") are records that are generated and maintained PNC in the regular and course of business. I am familiar with the above- by ordinary referenced business records, and they do not deviate from similar records generated and maintained by PNC. It is the regular custom and practice of PNC to retain these Notices. Said Notices are generated through our system and the content of the notices are archived in the system. The computer software program used in storing the documents can only be accessed by trained personnel with the requisite authority and clearance, and it cannot be altered once they have been stored. I am authorized and trained to access these records. It is the regular custom and practice of PNC to upload and save the Notices contemporaneously with the mailing of the Notices. True, complete and accurate copies of the Letter Log "8" are collectively annexed hereto as Exhibit 12. I have checked the records kept in the regular course of business by this institution, and confirm that the amount stated in the Complaint to be due and owing to the Plaintiff is correct. The last payment made was applied to the monthly payment due on November 01, 2017. As such, the loan is now due for monthly payments commencing with the payment due on December 01, 2017. As of November 18, 2023, the amount due is as follows: the principal balance of $257,406.66, plus the deferred principle balance of $67,831.21, plus 6.275% interest from the November 01, 2017, together with $143,382.90 for the following: Late Charges: $146.75 Advances: Tax Advance: $100,765.62 Insurance Advance: $41,405.53 4 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 Maintenance: $0.00 Inspections: $1,065.00 BPO/Appraisals: $0.00 NSF Fees: $0.00 Escrow Advance ($1,855.69) Prior Action Attorney Fees and Costs $420.00 DECWBB This the day of 20_.2_3 By. ignature Printed Name: LORI WYSONG Title: AUTHORIZED SIGNER PNC Bank, National Association Sworn to and Subscribed before me this 1 DEC in the year 2023 day of Not Public Asc UNIFORM FORM CERTIFICATE OF ACKNOWLEDGME (Outside of New York State) STATE OF OHIO RU COUNTY OF MONTGOMERY ) ss: OF On the _1_ day of DECEMBER in the year 2023 before me, the undersigned, personally appeared LORI WYSONG , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the MIAMISBURG OHIO . (Insert the city or political subdivision and the state or country or other place the acknowledgment was taken). .g1fATRIC (Si ture and office of in idual taking acknowledgment) GPS number: 23-000429 . 5 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 22 NYCRR § 202.8-b(c) CERTIFICATION In accordance with Section 202.8-b (c) of the Uniform Civil Rules for the Supreme Court and the County Court, the undersigned certifies that the word count in this Affidavit (excluding the caption, table of contents, table of authorities, and signature block), is 1,401 and complies with the limit set forth in Section 202.8-b(a). This certification is made via reliance on the word count feature of the word-processing system used to prepare it. _/s/Melissa M. Loecher_______ Melissa M. Loecher, Esq. 6 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 EXHIBIT 1 7 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 NOTE November 25 , 2003 SYOSSET NEW YORK [Datel [City] 106 MUNRO BLVD, VALLEY STREAM, New Y ark 11581 [Pmperty Address] 1. BORROWER'S PROMISE TO PAY ' In return for a loan that I have received, I promise pay U.S.$ 300, 600. 00 (this amount is called "Principal"), plus interest, to the order of the Leader. The Leader is NATIONAL CITY MORTGAGE CO I will make all payments under this Note in the form of , check or money order. I understand that the Lender may transfer this Note. The lander or anyone who takes this Note by transfer and who is entitled Holder." to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6. 275 %. The interest rate required by this Sectioin 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS b (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on January 1s t 2004 . 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly pay sent will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, whichis called the "Maturity Date. I will make my monthly payments at National City Mortgage Co., P O Box 17 677, , Baltimore, h 1 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the ans mt of U.S.$ 1, 855.74 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments at any time before they are due. A payment of Principal only is known as a of I rincipal "Prepayment." When tell the Note Holder in writing that I am doing so. I may not designate a payment I make a Prepayment, I will as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. NEW YORK FIXED RATE NOTE-Single Family- Fannie MaefFreddle Mac UNIFORM INSTRUMENT -5N(NY) (ooos) Form3233121 VMPMoRTGAGE FORMS- (800)521-7291 Page1of3 initials: 8 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted then: (a) any such loan charge limits, shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 2.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default . If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note may require me to pay immediately Holder the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least30 days aller the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more signs this Note, each person is fully and personally obligated to keep all of the promises made in this than one person Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" Dishonor" means the right to require the Note Holder to demand payment of amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form -5N(NY) (o00s) of2 ofa 9 .Page 231 initials FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Iandermay require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without lander's prior written permission, Iznder also rnay require immediate payment in full. However, this option shall not be exercised by Ionder if such exercise is prohibited by Applicable Law. If Lander requires immediate payment in full under this Section 18, Iznder will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Leader may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS TH HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) K VIN INE -Borrower SE VALENTINE -Borrower 104720705 218191343 (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower to the order of Pay without recourse in any event MORTGAGE CO. idA yNATIONAL TY fs¿,,, o, o, BY: Victor johnson. ivery Soecialist -SN(NY) (0005) Page3 of3 Fonn 3233 1/01 10 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 EXHIBIT 2 11 of 231 FILED: NASSAU COUNTY CLERK 12/21/2023 10:53 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/21/2023 INDEX NO. 606687/2023 FILED : NASSAU COUNTY CLERK 0 9 / 2 7 / 2 0 2 3 11: 01 AMI NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09-/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - - - - - - - - ..____. _ -- _ --.--.. -- - - - - - - _ - - - _ x PNC BANK, NATIONAL ASSOCIATION,