Preview
FILED: NASSAU COUNTY CLERK 12/21/2023
04/26/2023 10:53
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NYSCEF DOC. NO. 31
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PNC BANK, NATIONAL ASSOCIATION CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-B
Plaintiff,
vs
INDEX #:
KEVIN VALENTINE, JAMISE VALENTINE,
CACH, LLC, BABBAR AND ASSOCIATES MORTGAGED PREMISES:
P.C., HOUSEHOLD FINANCE REALTY 106 Munro Boulevard
CORPORATION OF NEW YORK Valley Stream, NY 11581
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm
of Gross Polowy, LLC, attorney for Plaintiff in this action.
2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and
Proceedings Law §1304.
3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security
agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if
any), and all other instruments of indebtedness including any modification, extension, and consolidation.
Pertinent documents reviewed are attached hereto as Exhibit A.
4. I have consulted about the facts of this case with the following representatives of Plaintiff:
Name Title
Lori A Wysong Authorized Signer
5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is
a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce
rights under these documents.
6. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22
NYCRR Part 130.
Dated: April 19, 2023
/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq.
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CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
Exhibit A
In support of the foregoing Certificate of Merit, attached hereto are:
_x_ Note
_x_ Mortgage
_x_ Assignment
_x_ CEMA/Loan Modification
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NOTE
.
November 25, 20O3 SYOSSET NEW YORK
[Date] [City]
106 MUNRO BLVD, VALLEY STREAM, New Y ark 11581
[PropertyAddress]
1. BORROWER'S PROMISE TO PAY
'
In return for a loan that I have received, I promise t pay U.S.$ 300 , 600. 00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The I.ander is S
NATIONAL CITY MORTGAGE CO
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender 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 Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(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 1st 2004 . I 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 payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on December 1 2 033 , I still owe amounts under this Note, I will pay those amounts in full on
Date.'
that date, which is called the "Maturity
I will make my monthly payments at National City Mortgage Co.,
P O Box 17677, , Baltimore, M ) 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 amcant of U.S.$ 1, 855.74 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Irincipal at any time before they are due. A payment of Principal only is known as a
"Prepayment."
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment
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 FlXED RATE NOTE -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
-5N(NY) (o005) Form 3233 1/01
VMPMORTGAGE FORMS- (800)521-7291
Page1 of 3 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 limits, then: (a) any such loan charge
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, I 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 I 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 Holder
may require me to pay immediately 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 least 30 days after 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 I 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 than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full Any amount owed. person who is a guarantor, surety or endorser of this Note is also
obligated to do these Any person who takes over these obligations,
things. 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.
Form323 1/0
-5N(NY) (0005) Page2 of 3 Inhials:
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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 if I do not keep the promises
result 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:
Lender may 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
Lender's prior written permission,Lender also may require immediate payment in full. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Iander 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
by Section 15 of this Security Instrument.
required
If I do not make the required payment during that period, Lender 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 IN INE -Borrower ISE VALENTINE -Borrower
(Seal) (Seal)
-Bonower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
to the order of
Pay
without recourse in any event
CO.
yNATIONAL TY MORTGAGE [Sign Original OnlyJ
BY:
Victor Johnson, eliverv SDecialist
-5N(NY) (O005) Page3 of 3 Form 3233 1/01
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NASSAU COUNTY CLERK'S OFFICE
ENDORSEMENT COVER PAGE
Recorded Date: 12-15-2003 Record and Return To:
Recorded Time: 11:54:35 a NATIONAL CITY MORTGAGE CO
PO BOX 809068
Liber Book: M 25589 DALLAS, TX 75380-9068
Pages From: 385
To: 403
Control
Number: 852
Ref #: CU 093078
Doc Type: MO1 MORTGAGE
Location: Section Block Lot Unit
HEMPSTEAD (2820) 0039 00058-00 00004
consideration Amount: 300, 600. 00
Taxes Total 2,981.00
Recording Totals 92.00
TMS001 Total Payment 3,073.00
THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED
KAREN V. MURPHY
COUNTY CLERK
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ReturnTo:
NATIONALCITT MORTGAGE CO.
P.O. BO2 809068
DALLAS, TX 75380-9068
Prepared
By:
DEBRAKURZWEIL
NATIONALCITY MORTGAGE CD.
P.D. BO2 809068
DALLAS, TX 75380-9068
[Space TMsLineForRecording
Above Datn]
MORTGAGE
WORDSUSEDOFTENINTES DOCUMENT
November 25, 2003
(A) '' SecurityInstrument" Thisdocument,
whichisdated
Instrument."
together willbecalledthe"Security
withallRiderstothisdocument,
"Borrower."
(B)
EEVINVALENTINEand JANISE VALENTINE
whoseaddress
is BLVDVALLEYSTREAM, NewTork 11581
106 MUNRO
will becalled"Bonower"andsometimes
sometimes "I" "me."
simply or
(C) "Lender."
NATIONALCITY MORTGAGE CO
will be called "Lender."Lenderis a corporationor association
which existsunderdie laws of
THESTATEOF 0H10 lender's address
is
3232 NewmarkDrive, Miamisburg, DE 45342
NEWYORK-Single - FannieMaelFred.dle
Family MacUNIFORM
INSTRUMENT Form30331/D1
os
6(NY)(coas)
Page
1of17 Initials:
VMPMORTGAGE - (s00)521-7291
FORMS
PREMISESTO BE IMPROVEDBYA
ONEORTWO FAMILYDWE)NG
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(D)"Note."Thenotesignedby Bonoweranddated November25, 2003 , will becalled
the"Note" TheNoteshowsthat1oweIander THREEHUNDRED THOUSAND
SIX HUNDRED & 00/10 0
Dollars(U.S.$ 300r 600. 00 ) plusinterest
andotheramounts thatmaybe yable.I havepromised topaythisdebtin PeriodicPayments andtopaythe
debtin full by No ar , 2033
(E) "Property,"Thepropertythatisdescribed belowin thesectiotttitled"Descriptionof theProperty,"
will
becalledthe"Property."
"Lean." The "Loan"meansthedebtevidenced
(F) by theNote.plusinterest, anyprepayment charges
and
chargps tjerJhe tp, qimsdueunder-this SeemityInstrument, plusinterest
S red." Thè ounts eseribed belowin thesectiontitled"Borrower's liansferto Leaderof
isUni‚c¾rty(ain efuiies Tvis 4.CalledSe"Sums Secured."
(H) "Riders."All Ridersattached to thisSecurityInstrumentthataresignedby Borrowerwill becalled
" ders."The
followingRidersaretobesigned by Borrower[checkboxasapplicable]:
Adjustable RateRiderO Condominium Rider SecondHomeRider
BalloonRider O PlannedUnitDevelopmentRider 1-4FamilyRider
VARider Biweekly P aymentRider (specify]
Other(s)
(I) "AppHcable Law." All applicablefederal,stateandlocalstatutes, ordinances and
controHing regulations,
administrative
rulesand-orders (thathavetheeffectof law)aswellasall applicable final,non-appealable,
judicialopinionswill becalled"Applicable Law."
(J) "CommunityAssociation Dues,Fees,andAssessinents." All dues,fees,assessments andothercharges
thatareknposed on Borroweror thePropertyby a condominium association, homeowners associationor
similarorganization willbecalled"Community AssociationDues,Fees,and Assessments."
(K) "ElectronicFunds Transfer." "Electronic FundsTransfer" means anytransfer of money,otherthanby
check,draft,or similarpaperinstrument, whichis initiatedthroughan electronicterminal,telephonic
instrument,computer, or magnetictape soasto order,instruct,orauthorize a financialinstitutiontodebitor
creditanaccountSomecommon examples of anElectronicFundsTransferarepoint-of-sale transfers(where
acardsuchasanasset or debitcardis usedata merchant), automated tellermachine (or ATM)transactions,
transfers
initiatedby telephone,wiretransfers, andautomated clearinghouse transfers.
(L) "EscrewItems."Thoseitemsthataredescribed in Section 3 will becalled"EscrowItems."
(M) "MisceManeous Proceeds," "Miscellaneous Proceeds" meansanycompensation, awardof
settlement,
damages, or proceeds paidby anythirdparty(otherthanInsurance Proceeds, asdefinedin, andpaidunder
thecoverage descr ed in Section5) for: (1)damage to,or destrucdon of, theProperty;(ii) Condemnation or
othertakingof all or anypartof theProperty;(iii) conveyance in lieuof Condemnation or saleto avoid
Condemnation; or (iv) misrepresentationsof, oromissions asto,thevalueand/orconditionof theProperty. A
takingof theProperty byanygovernmental by eminent
authority domainisknownas"Condemnation."
(N) "Mortgage Insurance." "Mortgage Insurance" means insuranceprotectingLenderagainstthe
nonpayment of,ordefaulton,theloan.
(0) "PeriodicPayment,"Theregularlyscheduled amountduefor (i) principalandinterestundertheNote,
and(ii) anyamounts underSection 3 will becalled"Periodic Payment"
(P) "RESPA.""RESPA"means theRealEstateSettlement Procedures Act(12U.S.C.Section2601etseq.)
andits implementing Regulation
regulation, X (24C.F.R.Part3500), astheymightbeamended fromtitneto
time,or anyadditional or successor
legislation orregulationthatgovemsthesamesubjectmatter. Asusedin
thisSecurityInstrument, "RESPA"referstoall
requirements andrestrictions thatmeimposed i n regardtoa
relatedmortgage loan" evenif theLoandoesnot qualifyasa "federallyrelatedmortgage loan"
"federally
underRESPA.
InnWs:
e(NY}toco
.os Pgo2an Form30ss1/01
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C · " ·- · -- --
Fidelity Natio ·y of New York
SCHEDULE
A-1 (Description)
ALL thatcertainplot, pieceor parcelof land,situate,lying andbeingin theIncorporatedVillage of ValleyStream,Town
of Hempstead,in the Countyof Nassau,Stateof New York, knownas and by the Lot No. 4 in Black 20 shownon a
certainmapentitled,"Section3, Map No. 10of propertyof thedibson Corporation"
filed in theOfficeof theClerkof the
Countyof Nassauon 8/13/1928,underfile no.949,CaseNo,2680andbeingmorepaticularly boundedanddescribedas
follows:
BEGINNINGat apoint on the Southerlysideof MunroBoulevard,distant130feet Easterlyfrom thecornerformedby
theintersectionof the Southerlysideof MunroBoulevardandtheEasterlysideof LocustBoulevard;
RUNNINGTHENCEEasterlyalongtheSoutherlysideof Munro Boulevard,40 feet;
THENCESoutherlyatright anglestoMunroBoulevard,100feet:
andparallelwith MunroBoulevard,40 feet;
THENCE.Westerly
THENCENortherlyandagainatright anglestoMunro Boulevard,100feetto theSoutherlysideof MunroBoulevardat
thepointor placeof BEGINNING.
THEPOUCYTOBEISSUEDunderthisconunitment
will insurethetitletosuchbuildings
andimprovements
onthepretnises
which
bylawconstitute
realproperty.
FORCONVEYANCING ONLY:Together withall theright,titleandinterestof thepartyofthefirst part,of in andtothelandlying
inthestreetinfront ofandadjoiningsaidpremises.
SCHEDULE
A-1(Description)
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BORROWER'S TRANSFERTOLENDEROFRIGHTSIN THEPROPERTY
I mortgage, grantandconveythePropertytoLeadersubjectto thetermsof thisSecurityInstrument
This meansthat, by signing this SecurityInstrument,I am giving Lenderthoserights that are
statedin this SecurityInstrument andalsothoserightsthatApplicableIaw givesto leaderswhohold
mortgages onrealproperty. I amgivingLendertheserightstoprotectLenderfrompossible losses thatmight
resultifI failto:
(A) Pay all theamounts t hatI oweLeader a sstated
i n theNoteincluding, butnotlimitedto,allrenewals,
extensions andmodifications of theNote;
(B)Pay,withinterest, anyamounts thatLanderspends underthisSecurityInstrument toprotectthevalueof
theProperty andLender's rightsin theProperty;and
(C)Keepallof my otherp romises andagreements under t his I
Security nstrument
andtheNote.
DESCRIPHONOFTHEPROPERTY
Igive Lenderrightsin theProperty in (A) through(G)below:
described
(A) ne Property whichislocatedat
106 MUNRO BLVD, [Street)
VALLEYSTREAM [City,Townorvillagel
,NewYork 11S81 lZipCodel-
ThisProperty isin Nassau County.
It hasthefollowing legal
description:
LEGALDESCRIPTIONIS ATTACHED
HERETO
ANDMADEA PARTHEREOF.
MAILING ADDRESS BLVDVALLEYSTREAM
IS 106 MUNRO NEWYORK 11681
TOWNOF HEMPSTEADANDVILLAGEOF VALLEYSTREAM.
(B) All buildingsandotherimprovements thatarelocatedonthePropertydescribed in subsection(A) of this
section;
(C) All rightsin otherpropertythatI haveasownerof thePropertydescribed in subsection (A) of this
section,These rightsareknownas"easements andappurtenances totheProperty;"
attached
(D) All rightsthatI have in thelandwhichliesin thestreets o rroadsin front of, or next the
to, Property
described in subsection
(A) of thissection;
(E)All fixturesthatarenoworin thefuturewill beonthePropertydescribed in subsections(A) and(B) of
thissection;
(F)All of therightsandpropertydescribed in subsections(B) through(B) of thissectionthatI acquire in the
future;and
(G) All replacements of or additions
t o theProperty d escribedin subsections(B) through (F) of thissection
andallInsuranceProceeds for lossordamage to,andall MiscellaneousProceeds of thePropertydescribed in
subsections (A) through(F)of thissection.
Inma:
6(NY}tooes).os Pu"ad 17 Form30331/01
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BORROWER'S RIGHTTO MORTGAGETHE PROPERTYANDBORROWER'S OBLIGATION
TODEFENDOWNERSHIP OFTHEPROPERTY
I pmmisethat·(A) I lawfullyownthePaperty;(B) I havetherightto mortgage, grantandconveythe
Property toLender;and(C)therearenooutstanding claimsor charges
againsttheProperty, except for those
whichateofpublicrecord.
I givea gemralwammtyof titletoLeader.Thismeans thatI will be fully responsible
for anylosses
whichLendersuffersbecause someone otherthanmyselfhassomeof therightsin thePropertywhichI
promise thatI have.I promisethatI will defendmy ownershipof thePropertyagainst any claims of such
rights.
PLAINLANGUAGESECURITYINSTRUMENT
containspromises
This SecurityInstrument andagreements thatareusedin real propertysecurity
instrumentsalloverthecountry.It alsocomains otherpromises thatvaryin differentpartsof
andagreements
thecountry.My promises andagreements arestatedin "plainlanguage."
COVENANTS
I promise andI agreewithLenderasfollows:
1.Borrower'sPromiseto Pay.I will paytoLenderontimeprincipalandinterestdueundertheNote
andanyprepayment, latecharges andotheramounts dueundertheNote.I will alsopayall amounts for
EscrowItemsunderSection 3 of thisSeemity Instrument,
Payments dueundertheNoteandthisSecurity Instmment shallbemadein U.S.cunency. If anyof my
payments by checkor otherpaymentinstrument is retumedto Lenderunpaid,Leadermayrequiremy
payment bemadeby: (a)cash;(b)moneyorder;(c)certifiedcheck, bankcheck,treasurer's checkorcashier's
check,drawnuponaninstitution whosedeposits areinsured by afederalagency, instrumentality, or entity;or
(d) Electronic Funds T ransfer.
Payments aredeemed receivedby Lenderwhenreceived at thelocationrequiredin theNote,or at
another locationdesignated by LenderunderSection15of thisSecurityInstrumentLeadermayretumor
accept anypayment or partialpayment if it isfor anamountthatis lessthantheamountthatis thendue.If
Leaderaccepts alesser payment, Leadermayrefusetoaccept alesserpayment thatI maymakein thefuture
anddoesnotwaiveanyof itsrights.Leaderis notobligated to applysuchlesserpayments whenit accepts
suchpayments. If intereston principalaccrues asif allPeriodicPayments hadbeenpaidwhendue,then
Leaderneednot pay intereston unapplied
Preview
FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X PNC BANK, NATIONAL ASSOCIATION CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-B Plaintiff, vs INDEX #: KEVIN VALENTINE, JAMISE VALENTINE, CACH, LLC, BABBAR AND ASSOCIATES MORTGAGED PREMISES: P.C., HOUSEHOLD FINANCE REALTY 106 Munro Boulevard CORPORATION OF NEW YORK Valley Stream, NY 11581 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X 1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm of Gross Polowy, LLC, attorney for Plaintiff in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. Pertinent documents reviewed are attached hereto as Exhibit A. 4. I have consulted about the facts of this case with the following representatives of Plaintiff: Name Title Lori A Wysong Authorized Signer 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce rights under these documents. 6. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: April 19, 2023 /s/ Ashley M Pascuzzi Ashley M Pascuzzi, Esq. 1 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b Exhibit A In support of the foregoing Certificate of Merit, attached hereto are: _x_ Note _x_ Mortgage _x_ Assignment _x_ CEMA/Loan Modification 2 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 NOTE . November 25, 20O3 SYOSSET NEW YORK [Date] [City] 106 MUNRO BLVD, VALLEY STREAM, New Y ark 11581 [PropertyAddress] 1. BORROWER'S PROMISE TO PAY ' In return for a loan that I have received, I promise t pay U.S.$ 300 , 600. 00 (this amount is called "Principal"), plus interest, to the order of the Lender. The I.ander is S NATIONAL CITY MORTGAGE CO I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender 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 Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (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 1st 2004 . I 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 payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1 2 033 , I still owe amounts under this Note, I will pay those amounts in full on Date.' that date, which is called the "Maturity I will make my monthly payments at National City Mortgage Co., P O Box 17677, , Baltimore, M ) 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 amcant of U.S.$ 1, 855.74 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Irincipal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment 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 FlXED RATE NOTE -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -5N(NY) (o005) Form 3233 1/01 VMPMORTGAGE FORMS- (800)521-7291 Page1 of 3 Initials: 3 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 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 limits, then: (a) any such loan charge 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, I 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 I 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 Holder may require me to pay immediately 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 least 30 days after 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 I 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 than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full Any amount owed. person who is a guarantor, surety or endorser of this Note is also obligated to do these Any person who takes over these obligations, things. 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. Form323 1/0 -5N(NY) (0005) Page2 of 3 Inhials: 4 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 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 if I do not keep the promises result 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: Lender may 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 Lender's prior written permission,Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Iander 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 by Section 15 of this Security Instrument. required If I do not make the required payment during that period, Lender 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 IN INE -Borrower ISE VALENTINE -Borrower (Seal) (Seal) -Bonower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower to the order of Pay without recourse in any event CO. yNATIONAL TY MORTGAGE [Sign Original OnlyJ BY: Victor Johnson, eliverv SDecialist -5N(NY) (O005) Page3 of 3 Form 3233 1/01 5 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 NASSAU COUNTY CLERK'S OFFICE ENDORSEMENT COVER PAGE Recorded Date: 12-15-2003 Record and Return To: Recorded Time: 11:54:35 a NATIONAL CITY MORTGAGE CO PO BOX 809068 Liber Book: M 25589 DALLAS, TX 75380-9068 Pages From: 385 To: 403 Control Number: 852 Ref #: CU 093078 Doc Type: MO1 MORTGAGE Location: Section Block Lot Unit HEMPSTEAD (2820) 0039 00058-00 00004 consideration Amount: 300, 600. 00 Taxes Total 2,981.00 Recording Totals 92.00 TMS001 Total Payment 3,073.00 THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED KAREN V. MURPHY COUNTY CLERK 6 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 ReturnTo: NATIONALCITT MORTGAGE CO. P.O. BO2 809068 DALLAS, TX 75380-9068 Prepared By: DEBRAKURZWEIL NATIONALCITY MORTGAGE CD. P.D. BO2 809068 DALLAS, TX 75380-9068 [Space TMsLineForRecording Above Datn] MORTGAGE WORDSUSEDOFTENINTES DOCUMENT November 25, 2003 (A) '' SecurityInstrument" Thisdocument, whichisdated Instrument." together willbecalledthe"Security withallRiderstothisdocument, "Borrower." (B) EEVINVALENTINEand JANISE VALENTINE whoseaddress is BLVDVALLEYSTREAM, NewTork 11581 106 MUNRO will becalled"Bonower"andsometimes sometimes "I" "me." simply or (C) "Lender." NATIONALCITY MORTGAGE CO will be called "Lender."Lenderis a corporationor association which existsunderdie laws of THESTATEOF 0H10 lender's address is 3232 NewmarkDrive, Miamisburg, DE 45342 NEWYORK-Single - FannieMaelFred.dle Family MacUNIFORM INSTRUMENT Form30331/D1 os 6(NY)(coas) Page 1of17 Initials: VMPMORTGAGE - (s00)521-7291 FORMS PREMISESTO BE IMPROVEDBYA ONEORTWO FAMILYDWE)NG 7 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 (D)"Note."Thenotesignedby Bonoweranddated November25, 2003 , will becalled the"Note" TheNoteshowsthat1oweIander THREEHUNDRED THOUSAND SIX HUNDRED & 00/10 0 Dollars(U.S.$ 300r 600. 00 ) plusinterest andotheramounts thatmaybe yable.I havepromised topaythisdebtin PeriodicPayments andtopaythe debtin full by No ar , 2033 (E) "Property,"Thepropertythatisdescribed belowin thesectiotttitled"Descriptionof theProperty," will becalledthe"Property." "Lean." The "Loan"meansthedebtevidenced (F) by theNote.plusinterest, anyprepayment charges and chargps tjerJhe tp, qimsdueunder-this SeemityInstrument, plusinterest S red." Thè ounts eseribed belowin thesectiontitled"Borrower's liansferto Leaderof isUni‚c¾rty(ain efuiies Tvis 4.CalledSe"Sums Secured." (H) "Riders."All Ridersattached to thisSecurityInstrumentthataresignedby Borrowerwill becalled " ders."The followingRidersaretobesigned by Borrower[checkboxasapplicable]: Adjustable RateRiderO Condominium Rider SecondHomeRider BalloonRider O PlannedUnitDevelopmentRider 1-4FamilyRider VARider Biweekly P aymentRider (specify] Other(s) (I) "AppHcable Law." All applicablefederal,stateandlocalstatutes, ordinances and controHing regulations, administrative rulesand-orders (thathavetheeffectof law)aswellasall applicable final,non-appealable, judicialopinionswill becalled"Applicable Law." (J) "CommunityAssociation Dues,Fees,andAssessinents." All dues,fees,assessments andothercharges thatareknposed on Borroweror thePropertyby a condominium association, homeowners associationor similarorganization willbecalled"Community AssociationDues,Fees,and Assessments." (K) "ElectronicFunds Transfer." "Electronic FundsTransfer" means anytransfer of money,otherthanby check,draft,or similarpaperinstrument, whichis initiatedthroughan electronicterminal,telephonic instrument,computer, or magnetictape soasto order,instruct,orauthorize a financialinstitutiontodebitor creditanaccountSomecommon examples of anElectronicFundsTransferarepoint-of-sale transfers(where acardsuchasanasset or debitcardis usedata merchant), automated tellermachine (or ATM)transactions, transfers initiatedby telephone,wiretransfers, andautomated clearinghouse transfers. (L) "EscrewItems."Thoseitemsthataredescribed in Section 3 will becalled"EscrowItems." (M) "MisceManeous Proceeds," "Miscellaneous Proceeds" meansanycompensation, awardof settlement, damages, or proceeds paidby anythirdparty(otherthanInsurance Proceeds, asdefinedin, andpaidunder thecoverage descr ed in Section5) for: (1)damage to,or destrucdon of, theProperty;(ii) Condemnation or othertakingof all or anypartof theProperty;(iii) conveyance in lieuof Condemnation or saleto avoid Condemnation; or (iv) misrepresentationsof, oromissions asto,thevalueand/orconditionof theProperty. A takingof theProperty byanygovernmental by eminent authority domainisknownas"Condemnation." (N) "Mortgage Insurance." "Mortgage Insurance" means insuranceprotectingLenderagainstthe nonpayment of,ordefaulton,theloan. (0) "PeriodicPayment,"Theregularlyscheduled amountduefor (i) principalandinterestundertheNote, and(ii) anyamounts underSection 3 will becalled"Periodic Payment" (P) "RESPA.""RESPA"means theRealEstateSettlement Procedures Act(12U.S.C.Section2601etseq.) andits implementing Regulation regulation, X (24C.F.R.Part3500), astheymightbeamended fromtitneto time,or anyadditional or successor legislation orregulationthatgovemsthesamesubjectmatter. Asusedin thisSecurityInstrument, "RESPA"referstoall requirements andrestrictions thatmeimposed i n regardtoa relatedmortgage loan" evenif theLoandoesnot qualifyasa "federallyrelatedmortgage loan" "federally underRESPA. InnWs: e(NY}toco .os Pgo2an Form30ss1/01 8 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 C · " ·- · -- -- Fidelity Natio ·y of New York SCHEDULE A-1 (Description) ALL thatcertainplot, pieceor parcelof land,situate,lying andbeingin theIncorporatedVillage of ValleyStream,Town of Hempstead,in the Countyof Nassau,Stateof New York, knownas and by the Lot No. 4 in Black 20 shownon a certainmapentitled,"Section3, Map No. 10of propertyof thedibson Corporation" filed in theOfficeof theClerkof the Countyof Nassauon 8/13/1928,underfile no.949,CaseNo,2680andbeingmorepaticularly boundedanddescribedas follows: BEGINNINGat apoint on the Southerlysideof MunroBoulevard,distant130feet Easterlyfrom thecornerformedby theintersectionof the Southerlysideof MunroBoulevardandtheEasterlysideof LocustBoulevard; RUNNINGTHENCEEasterlyalongtheSoutherlysideof Munro Boulevard,40 feet; THENCESoutherlyatright anglestoMunroBoulevard,100feet: andparallelwith MunroBoulevard,40 feet; THENCE.Westerly THENCENortherlyandagainatright anglestoMunro Boulevard,100feetto theSoutherlysideof MunroBoulevardat thepointor placeof BEGINNING. THEPOUCYTOBEISSUEDunderthisconunitment will insurethetitletosuchbuildings andimprovements onthepretnises which bylawconstitute realproperty. FORCONVEYANCING ONLY:Together withall theright,titleandinterestof thepartyofthefirst part,of in andtothelandlying inthestreetinfront ofandadjoiningsaidpremises. SCHEDULE A-1(Description) 9 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 BORROWER'S TRANSFERTOLENDEROFRIGHTSIN THEPROPERTY I mortgage, grantandconveythePropertytoLeadersubjectto thetermsof thisSecurityInstrument This meansthat, by signing this SecurityInstrument,I am giving Lenderthoserights that are statedin this SecurityInstrument andalsothoserightsthatApplicableIaw givesto leaderswhohold mortgages onrealproperty. I amgivingLendertheserightstoprotectLenderfrompossible losses thatmight resultifI failto: (A) Pay all theamounts t hatI oweLeader a sstated i n theNoteincluding, butnotlimitedto,allrenewals, extensions andmodifications of theNote; (B)Pay,withinterest, anyamounts thatLanderspends underthisSecurityInstrument toprotectthevalueof theProperty andLender's rightsin theProperty;and (C)Keepallof my otherp romises andagreements under t his I Security nstrument andtheNote. DESCRIPHONOFTHEPROPERTY Igive Lenderrightsin theProperty in (A) through(G)below: described (A) ne Property whichislocatedat 106 MUNRO BLVD, [Street) VALLEYSTREAM [City,Townorvillagel ,NewYork 11S81 lZipCodel- ThisProperty isin Nassau County. It hasthefollowing legal description: LEGALDESCRIPTIONIS ATTACHED HERETO ANDMADEA PARTHEREOF. MAILING ADDRESS BLVDVALLEYSTREAM IS 106 MUNRO NEWYORK 11681 TOWNOF HEMPSTEADANDVILLAGEOF VALLEYSTREAM. (B) All buildingsandotherimprovements thatarelocatedonthePropertydescribed in subsection(A) of this section; (C) All rightsin otherpropertythatI haveasownerof thePropertydescribed in subsection (A) of this section,These rightsareknownas"easements andappurtenances totheProperty;" attached (D) All rightsthatI have in thelandwhichliesin thestreets o rroadsin front of, or next the to, Property described in subsection (A) of thissection; (E)All fixturesthatarenoworin thefuturewill beonthePropertydescribed in subsections(A) and(B) of thissection; (F)All of therightsandpropertydescribed in subsections(B) through(B) of thissectionthatI acquire in the future;and (G) All replacements of or additions t o theProperty d escribedin subsections(B) through (F) of thissection andallInsuranceProceeds for lossordamage to,andall MiscellaneousProceeds of thePropertydescribed in subsections (A) through(F)of thissection. Inma: 6(NY}tooes).os Pu"ad 17 Form30331/01 10 of 51 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 31 2 RECEIVED NYSCEF: 12/21/2023 04/26/2023 BORROWER'S RIGHTTO MORTGAGETHE PROPERTYANDBORROWER'S OBLIGATION TODEFENDOWNERSHIP OFTHEPROPERTY I pmmisethat·(A) I lawfullyownthePaperty;(B) I havetherightto mortgage, grantandconveythe Property toLender;and(C)therearenooutstanding claimsor charges againsttheProperty, except for those whichateofpublicrecord. I givea gemralwammtyof titletoLeader.Thismeans thatI will be fully responsible for anylosses whichLendersuffersbecause someone otherthanmyselfhassomeof therightsin thePropertywhichI promise thatI have.I promisethatI will defendmy ownershipof thePropertyagainst any claims of such rights. PLAINLANGUAGESECURITYINSTRUMENT containspromises This SecurityInstrument andagreements thatareusedin real propertysecurity instrumentsalloverthecountry.It alsocomains otherpromises thatvaryin differentpartsof andagreements thecountry.My promises andagreements arestatedin "plainlanguage." COVENANTS I promise andI agreewithLenderasfollows: 1.Borrower'sPromiseto Pay.I will paytoLenderontimeprincipalandinterestdueundertheNote andanyprepayment, latecharges andotheramounts dueundertheNote.I will alsopayall amounts for EscrowItemsunderSection 3 of thisSeemity Instrument, Payments dueundertheNoteandthisSecurity Instmment shallbemadein U.S.cunency. If anyof my payments by checkor otherpaymentinstrument is retumedto Lenderunpaid,Leadermayrequiremy payment bemadeby: (a)cash;(b)moneyorder;(c)certifiedcheck, bankcheck,treasurer's checkorcashier's check,drawnuponaninstitution whosedeposits areinsured by afederalagency, instrumentality, or entity;or (d) Electronic Funds T ransfer. Payments aredeemed receivedby Lenderwhenreceived at thelocationrequiredin theNote,or at another locationdesignated by LenderunderSection15of thisSecurityInstrumentLeadermayretumor accept anypayment or partialpayment if it isfor anamountthatis lessthantheamountthatis thendue.If Leaderaccepts alesser payment, Leadermayrefusetoaccept alesserpayment thatI maymakein thefuture anddoesnotwaiveanyof itsrights.Leaderis notobligated to applysuchlesserpayments whenit accepts suchpayments. If intereston principalaccrues asif allPeriodicPayments hadbeenpaidwhendue,then Leaderneednot pay intereston unapplied