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DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT
U.S. BANK TRUST NATIONAL J.D. OF LITCHFIELD
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR RCF2 ACQUISITION TRUST
Vv. AT TORRINGTON
THERESA THOMPSON ET AL NOVEMBER 28, 2023
AMENDED COMPLAINT
1 By her note dated March 21, 2014, Decedent Susan H.
Levine (hereinafter “Decedent Levine”) who died on March 1,
2022, promised to pay to the order of PHH Mortgage Corporation
the principal sum of $57,136.00, payable with interest thereon
as provided in the note, a copy of which is attached and marked
as "Exhibit A".
2 By deed of that date, Decedent Levine, to secure the
note, mortgaged to Mortgage Electronic Registration Systems,
Inc. as Nominee for PHH Mortgage Corporation a certain piece or
parcel of land situated in the town of New Milford, county of
Litchfield and state of Connecticut, and known and designated
as 4 Harry Brooke Village, Unit 4A and more particularly
described in the mortgage deed attached hereto and marked as
"Exhibit B", of which the Decedent Levine was then the record
owner, which mortgage deed is conditioned for the payment of
the note according to its tenor, and the performance of certain
covenants and conditions contained in the mortgage deed, which
deed was dated March 13, 2014 and recorded March 31, 2014 in
Volume 1092 at Page 201 of the New Milford Land Records. Said
mortgage was modified by virtue of a modification dated July
20, 2017 and recorded August 18, 2017 in Volume 1150 at Page
1194 of the New Milford Land Records.
3 Said mortgage was assigned to PHH Mortgage
Corporation by instrument dated August 18, 2020 and recorded
August 20, 202 in Volume 1200 at Page 532 of the New Milford
Land Records. Said mortgage was assigned to Federal National
Mortgage Association by instrument dated March 3, 2023 and
recorded April 21, 2023 in 1259 at Page 460 of the New Milford
Land Records. Said mortgage was assigned to U.S. Bank Trust
National Association, not in its individual capacity but solely
as owner trustee for RCF2 Acquisition Trust by instrument dated
March 31, 2023 and recorded April 21, 2023 in Volume 1259 at
Page 462 of the New Milford Land Records.
4 Plaintiff, U.S. Bank Trust National Association, not
in its individual capacity but solely as owner trustee for RCF
2 Acquisition Trust is the holder of the note and thereby has
the right to foreclose.
5 The note and mortgage deed provide that Decedent
Levine, her heirs and assigns, will be responsible for all
costs of collection in the event collection proceedings are
instituted, including payment of reasonable attorneys' fees.
6. The installment of principal and interest due March
1, 2020 and the installments due each and every month
thereafter have not been paid, and the plaintiff has exercised
its option to accelerate the entire balance due on the note.
7 Notice of default was sent to Decedent Levine in
accordance with the terms of the note and the mortgage and an
EMAP Letter was sent pursuant to law.
8. The following encumbrances of record upon the property
sought to be foreclosed are prior in right to the plaintiff's
lien, and are not affected by this action.
(a) The town of New Milford may claim an interest
in the premises by virtue of taxes not yet
due and owing.
(b) HARRYBROOKE PARK CONDOMINIUM ASSOCIATION,
INC. may claim an interest in the premises by
virtue of its statutory priority.
9 Defendant, HARRYBROOKE PARK CONDOMINIUM ASSOCIATION,
INC. may claim an interest in the premises by virtue of its
inchoate lien for any unpaid assessments/expenses/fees/charges
in excess of its statutory priority and by virtue of a Lis
pendens dated February 18, 2021 and recorded February 19, 2021
in Volume 1213 at page 950 of the New Milford Land Records.
10. Defendant Ban of America, N.A. may claim an interest
in said premises by virtue of a mortgage in the original
principal amount of $30,000.00 dated October 29, 2005 and
record July 27, 2006 in Volume 908at page 746 of the New
Milford Land Records. Said mortgage was modified by instrument
dated May 31, 2007 and recorded June 13, 2007 in Volume 940 at
page 682 of the New Milford Land Records and subordinated to
the Plaintiff's mortgage by virtue of a subordination agreement
dated March 10, 2014 and recorded March 31, 2014 in Volume 1092
at Page 222 of the New Milford Land Records.
11. Defendant, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING may claim an interest in the premises by virtue of an
assignment of the original mortgage dated May 17, 2021 and
recorded July 1, 2021 in Volume 1224 at page 177 of the New
Milford Land Records.
12. Upon information and belief, Decedent Levine died
intestate.
13. Upon information and belief, the known heirs are
Defendants: Theresa Thompson, Sara L. Seifert, Christopher D.
McDonagh, Amourette M. McDonaugh, David E. McDonagh, Sean A.
McDonagh, Matthew D. McDonagh, Margaret B. McDonagh, Leona J
Flynn Johnson.
14. There may be other unknown heirs, devisees and/or
widows that should be Defendants as they may have a possessory
or ownership interest in said premises.
15. Upon information and belief, Defendants Theresa
Thompson, Sara L. Seifert, Christopher D. McDonagh, Amourette
M. McDonaugh, David E. McDonagh, Sean A. McDonagh, Matthew D.
McDonagh, Margaret B. McDonagh, Leona J Flynn Johnson and/or
unknown heirs, devisees and/or widows may be the record owners
of the subject premises and/or in possession thereof.
WHEREFORE, the plaintiff claims:
1 Immediate possession of the mortgaged premises;
2. A deficiency judgment against the defendant;
3 A strict foreclosure of said mortgage and/or a
foreclosure pursuant to CGS 49-17;
4 Costs of collection, including reasonable attorneys'
fees;
5 Cost of suit;
6 Damages;
7 Interest;
8 That a receiver be appointed to collect the rents and
profits accruing from said mortgage premises;
9 Such other and further relief as the Court deems just
and proper.
Dated at Fairfield, Connecticut this 28t? day of
November, 2023.
te / TIFF
By/
egsicdL. Braus
& Braus, LLC
indbergh Street
a yt ield, CT 06824
Te (203) 371-2213
Juris No. 404340
SEE NOTICE ATTACHED HERETO
Please enter the appearance of
Glass & Braus, LLC
25 Lindbergh Street
Fairfield, Connecticut 06824
(203) 371-2213
for the plaintiff
DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT
U.S. BANK TRUST NATIONAL J.D. OF LITCHFIELD
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR RCF2 ACQUISITION TRUST
Vv AT TORRINGTON
THERESA THOMPSON ET AL NOVEMBER 28, 2023
NOTICE
A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED AND WHO HAS (FOR A
CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO COMMENCEMENT
OF THIS FORECLOSURE ACTION) OWNED AND OCCUPIED THE PROPERTY
BEING FORECLOSED AS HIS PRINCIPAL RESIDENCE, MAY BE ENTITLED TO
CERTAIN RELIEF PROVISIONS UNDER CONNECTICUT GENERAL STATUTES,
SECTIONS 49-31d THROUGH 49-31i, AS AMENDED BY PUBLIC ACT 85-
591. THESE STATUTES REQUIRE THAT IF PROTECTION UNDER THESE
STATUES IS REQUESTED, AN APPLICATION FOR RELIEF THEREFORE MUST
BE MADE TO THE COURT WITHIN TWENTY-FIVE (25) DAYS AFTER THE
RETURN DATE. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR
RIGHTS UNDER THESE STATUTES.
THIS IS AN EFFORT TO COLLECT A DEBT
AND ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE
UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE
NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION
THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID BY US.
IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY-DAY PERIOD THAT
THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN
VERIFICATION OF THE DEBT AND A COPY OF SUCH VERIFICATION WILL
BE MAILED TO YOU.
UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY-DAY PERIOD, WE WILL
PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,
IF DIFFERENT FROM THE CURRENT CREDITOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION RECEIVED
WILL BE USED FOR THAT PURPOSE.
THE FACT THAT YOU HAVE THIRTY (30) DAYS TO INDICATE A DISPUTE
WILL NOT PREVENT US FROM FILING SUIT WITHIN THAT TIME.
THIS LAW FIRM IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY, THIS CORREPSOND ENCE IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY
DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT
U.S. BANK TRUST NATIONAL -D. OF LITCHFIELD
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR RCF2 ACQUISITION TRUST
Vv AT TORRINGTON
THERESA THOMPSON ET AL NOVEMBER 28, 2023
STATEMENT OF AMOUNT IN DEMAND
Plaintiff's amount in demand, exclusive of interests and
costs, is more than Fifteen Thousand ($15,000.00) Dollars.
Dated at Fairfield, Connecticut, this 28th day of
November, 2023.
THE P. NTIFF
py / Lf aL. Braus
13 , &
Braus, LLC
dbergh Street
field, CT 06824
Tel (203) 371-2213
Juris No. 404340
= __ = _Note MN,
Connecticut
March 21, 2014 NEW MILFORD
[State]
[Date] [City]
4 Harry’Brooke Village, UNIT 4A, New Milford, CT 06776
[Property Address}
1. Borrower's Promise to Pay (this amount is called "Principal",
U.S. $57,136.00
Jn return for a loan that 1 have received, 1 promise to pay
is PHH Mortga ge Corporation
plus interest, to the order of the Lender. The Lender
check or money order.
T will make all payments under this Note in the form of cash, is entitled
Note. The Lender or anyone who takes this Note by transfer and who
J understand that the Lender may transfer this
to receive payments under this Note is called the "Note Holder."
2. Interest rate
of Principal has been paid. I will pay interest at a yearly
Interest will be charged on unpaid pri incipal until the full amount
of 5.590%. 6(B) of
pay both before and after any default described in Section
The interest rate required by this Section 2 is the rate I will
this Note.
3. Payments
{A) Time and Place of Payments
ayment every month.
I will pay principal and interest by making a p:
day of each month beginning on Mz ry, 2014
I will make
Twill make my monthly payment on the Ist charges describe d below that [ may owe
l and interest and any other
these payments every month until 7 have paid all of the principa be applied to interest before Principal.
its scheduled due date and will
under this Note. Bach monthly payment will be applied as of in full on that date, which is
, [still owe amounts un der this Note, I will pay those amounts
If, on April 01, 2044
is called the "Maturity Date."
Mount Laurel, NJ 08054
T will make my monthly payments at 1 Mortgage Way,
or at a diffcrent place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $327.65
4, Borrower's Right to Prepay
they are due. A payment of Principal only is known as a
T have the right to make payments of Principal at any time before
writing that I am doing so. 1 may not designate a payment
"Prepayment." When I make a Prepayment, I will tell the Note Holder in
s due under the Note.
3 a Prepayment if I have not made all the monthly payment
paying a Prepaym« ent charge. The Note Holder will use my
_I may make a full Prepayment or partial Prepayments without
However, the Note Holder may apply my Prepayment to
Prepayments to reduce the amount of Principal that I owe under this ‘Note.
applying my Prepayment to reduce the Princip: al amount of the
the accrued and unpaid interest on the Pr ‘repayment amount, before the
in the due date or in the amount of my monthly payment unless
Note. If I make a partial Prepayment, th ere will be no changes
Note Holder agrees in writing to those changes.
oa ai aa se
a
Form $200 1/04
MUBTISTATE FIXED RATE NOTE. Single Family - Fannie Mac/Frecgie Mut UNIFORM
INSTRUMENT VMPBN (131 0
Page 1 of 18
Wolters “luv er Financial Services
7
,
:
5. Loan Charges
is finally interpreted so that the interest or other
If a law, which applies to this loan and which sets maximum loan charges,
wit ith this loan exceed the permitte d limits, then: (a) any such loan charge
foan charges collected or to be collected in connection
to reduce the chi arge to the permitte d limit; and (b) any sums already collected from me
shall be reduced by the amount necessary
choose to make this refund by reducing the
which exceeded permitted limits will be refund led to me. The Note Holder may Principal, the reduction will be treated as
me. If a refund reduces
Principal I owe under this Note or by making a direct payment to
a partial Prepayment.
6. Borrower's Failure to Pay as Required
(A) Late Charge for Overdue Payments calendar days
by the end of Fifteen
If the Note Holder has not receiv. ed the full amount of any monthly payment §.000% of my
after the date it is due, I will pay a late charge to the Note Hol Ider,
The amount of the charge will be
overdue payment of principal and interest.
I will pay this late charge promptly but only once on each late payment.
(B) Default
will be in default.
If J do not pay the full amount of each monthly payment on the date it is due, T
(C) Notice of Default
telling ms ¢ that if I do not pay the overdue amount by a
If | am in default, the Note Holder may send me a written notice
jately the full amount of Principal which has not been paid and all the
certain date, the Note Holder may require me to pay immedi
the date on which the notice is mailed to me or delivered
interest that I owe on that amount. That date must be at least 30 days after
by other means.
(D) No Waiver By Note Holder
require me to pay immediately in full as described above,
Even if, at a time when J am in default, th ¢ Note Holder does not
later time.
the Note Holder will still have the right to do so if | am in default at a
(E) Payment of Note Holder's Costs and Expenses
above, the Note Holder will have the right to be
If the Note Holder has required me to pay imme diately in full as described
of its costs and expenses in enforcin g this Note to the extent not prohibited by applicable law. Those
paid back by me for all
expenses include, for example, reasonable attorneys’ fees.
7. Giving of Notices given by
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
if I give the Note
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
Holder a notice of my different address. it by first class
Any notice that must be given to the Ni ‘ote Holder under this Note will be given by delivering it or by mailing
Section 3(A) above or at a different address if I am given a notice of that different
mail to the Note Holder at the address stated in
address.
8. Obligations of Persons Under this Note
y obligated to keep all of the promises made in this
If more than one person signs this Note, each person is fully and personall surety or endorser of this Note is also
Note, including the promise to pay the full amount owed, Any person who is a guarantor,
‘ions, including the obligations of a guarantor, surety ot
obligated to do these things. Any person who takes over these obligati
mai de in this Note. The Note Holder may enforce its rights under
endorser of this Note, is also obligated to keep all of the promises
all of us together. This means that any one of us may be required to pay all of
this Note against each person individually or against
the amounts owed under this Note.
— a pomat
—
ie MaciFredgie Mac UNIFORM INSTRUMENT Form $200 1/01
MULTISTATE FIXED RATE NOTE - Single Family - Fi WEN (1902)
Wott? Kiuw or Finzneal Services
'
.
9. Waivers
of. ‘Presentment and Notice of Dishonor.
Jand any other person who has obligations under this Note waive the rights
demand payment of amounts due. "Notice of Dishonor" means the
Presentment” means the right to require the Note Holder to
other persons that amounts due have not been paid.
right to require the Note Holder to give notice to
10. Uniform Secured Note
In addition to the protections given to the
‘This Note is a uniform instrument with limited variations in some jurisdictions,
Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note Holder under this Note, a Mortgage, Deed of which ] make in this Note.
result if 1 do not keep the promises
Note, protects the Note Holder from possible losses which mi: ight
That Security Instrument describes how and under what condi itions 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:
or transferred (or if Borrower is
Tf all or any part of the Property or any Interest in the Property is sold
ed) without Lender's prior written
not a natural person and a beneficial interest in Borrower is is sold or transferr
by this Security Instrument.
consent, Lender may require immediate payment in full of all sums secured
However, this opti ‘on shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
shall give Borr ower notice of accelerati on. The notice shall
If Lender exercises this option, Lender
30 days from the date the notice is given in accord: lance with Section 15
provide a period of not less than
fails to pay these
within which Borrower must pay all sums secured by this Security Instrument, If Borrower
any remedies permitted by this Security
sums prior to the expiration of this period, Lender may invoke
Instrument without further notice or demand on Borrower.
WITNESS THE H-AND(S) AND SEAL(S) OF THE UNDERSIGNED.
WITHOUT RECOURSE:
Pay
to the order of:
ee, SF
Le
__ (Seal) (Seal)
-Borrower -Borrower
Susan H. Levine
Prrcols
“hy ote
‘Araceli Mata,
‘Vice President, PHH Mortgage Corporation
(Seal) =, (Seal)
-Borrower -Borrower
[Sign Original Only]
[J Refer to the attached Signature Addendum for additional parties and signatures.
——s _ _ —— —— —
es a
Form 3200 1/01
NOTE. Single Family Fannie Meo/Freddie Mac UNIFORM INSTRUMENT
‘otels Kiuw er Financial Services
a
Book: 1092 Page: 201 Page: 1 of 21
Return To:
PHH Mortgage Corporation
1 Mortgage Way, Mount Laurel NJ 08054
REE
~1092"201-221"
Prepared By:
Dusty Newby
1 MortgageWay, Mount Laurel, NJ 08054
———= — {Space Above This Line For Recording Data] — a
OPEN-END MORTGAGE DEED
MIN
DEFINITIONS
‘Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, , 20 and 21. Certain rules regarding the usage of words used in this documentare
also provided in Section 16.
(A) “Security Instrument" means this document, which is dated — Mareh 21,2014
together with all Riders to this document.
{B) "Borrower" is Susan H. Levine,AN UNMARRIED WOMAN
7
Borrower is the mortgagor under this Security Instrument, that is
(© "MERS" is Morigage Electronic Registrat tion Systems, Inc, MERS is a separate corporation
acting solely as @ nominee for Lender and Lender's successors and assigns. MERS ts the mortgagee
and has an
under this Security Instrument. MERS is organized and existing under the laws of Delaware,
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
unmec reus-ouigle Farily-Fannie MaaiFreddle Mac UNIFORM INSTRUMENT WITH MERS Form 3007 1/04
|A(CT) e302)
page Pat 14 ne SUL
iP Wonpepe Fem, =
Book: 1092 Page: 201 Page: 2 of 21
(D) "Lender"is PHH Mortgage Corporation
Lender is a Corporation
Jersey
organized and existing under the laws of New Laurel,
Lender's address is 1 Mortgage Way, Mount NJ 08054
(E) "Note" means the promissory note signed by Borrower and dated March 21,
2014
‘The Note states that Borrower owes Lender Dollars
Fifty-Seven Thousand One Hua \dred Thirty-Six Dollars and Zero ‘Cents ised to pay this debt in regular Periodic
(U.S. $57,136.00 ) plus interest. Borrower has promi
Payments and to pay the debt in full not later than ibedApril 01, 2044
{F) “Property"' means the property that is descr below under the heading “Transfer of Rij htsin the
Property." prepayment charges and late charges
(G) "Loan" means the debt evidenced by the Note, plus interest, any plus interest.
due under the Note, and all sums due under this Security Instrument, Borrower. The following
(H) "Riders" means all Riders to this Security instrument that}: are executed by
Riders are to be executed by Borrower [check box as applicable
F
Adjustable Rate Rider ‘Condominium Rider ‘Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
@." "Applicable Law" means all controlling jicable federal, stale and local statutes,
ances and edministrative rules and orders (t hhave the effect of lew) as well as all applical
ef.
non-appealable judicial opinions. and other
@ "Community iation Dues, Fees, and Assessments” means all dues, fees, assessments
charges that are imposed on Borrower or the Property by @ coi ndominium association. homeowners
association or similar organization.
(Ky) “Electronic Funds Transfer" means any transfer of funds, other than @ transaction originated by
or similar paper instrument, which is initiated ‘throu;authorize a financial institution to debit
check, ‘draft,‘computer, an electronic terminal, telephonic
or magneti ic inst ‘of
point-of-sale transfers. automs al ted tel ler
h term Gnclades, ‘bt i not | imited : to. ‘wansfers,
or credit an account. and automa €
machine transactions, transfers initiated by telephone, wire
(L) "Escrow Items"18 ‘means those items that are described in Section 3.
Proceeds" means any coms jion, settlement, award of |
Sany tard pay ( other than insurance ptIr corelpaidpl underfonthe orcoverages described in ‘seedon 5) for ()
other taking of all or any partas to,of the
destruct ion of, the Property; (ii
: lamage to, conveyance the
Property: in liew of condemnation; or (iv) misrepresentations of, or omissions
value and/or condition of the
&(O) “Mortgage fusurance" means insurance protecting
“Periodic Payment" means the r
Lender ageinst the nonpayment of, or default
larly scheduled amount due for (i) principal and interest under the
on,
‘Note, plus (ii) any amounts under Sectic jon3 of this Security Instr 2. U.S.C, Section 2601 et seq.) and its
(P) “RESPA" means the Real Estate Settlement Procedures Act (1
as they might be amended from time to
(12 C.F.R. Part 1024), govems
implementing regulation, RegulationF X legistation the same ject matter. As used
time, or any additional or regutation jn regard
in this Security Instrument, “RESPA" refers to all requirements and restr ‘ions that are it
mortgage
to a “federally related mortgege loan" even if the Loan does not qual lify as a “federally related
joan" under RESPA. ty that has taken title to the Property, whether or
(Q) “Successor in Interest of Bot rower” means
not that party has assumed Borrower’ obligations under the Note and/or this Security Instrument.
singl Fomiy-Fannle M a/Fredale Mac UNIFORM INSTRUMENT WITH MERS Form 3007 110%
Gy ACT sea
Book: 1092 Page: 201 Page: 3 of 21
TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security Instrument secures to Lender: (i) the repay syment of the Loan, and all renewals, extensions and
covenants and agreements under this
modifications of the Note; and (ii) the perfor mance of Borrowerin's considerati
Security Instrument and the Note, For this purpt ose, Borrower on of this debt does hereby
grant and convey to MERS (solely as nominee for Lender and Lender'sdescribed successors and assigns) and
to the successors assigns of MERS, the following property tocated
in the Coun of LITCHFIELD
Clype of Recording Jurisdxcvon) [Name of Recording Jurisdiction)
‘See Attached Legal Description
Parcel ID Number: which currently has the address of
4 Harry Brooke Village , UNIT 4A. street)
NEW MILFORD [cup] . Connecticut 06776 {Zip Codel
(Property Address"):
TO HAVE AND TO HOLD this property unto MERS (solely a5. nominee for Lender and Lender's
successors and assigns) and to the su focessors and assigns of MERS, forever. to jgether
‘on the property. and all
with all the
ces, and fixtures
improvements now or ‘ad itions shall also be covered by this
now or hereafter a part of the perty. All to in this Security Instrument os "Pre .
Security Instrument. All of the foregoi is re title 10 the interests Borrower in
rower understands and agrees that M holds only
comply with
this Security Instrument, but, if necessary to right: ‘or custom, MERS. (as. ‘somines for
exerci‘ise any or alf of those interests, including, but
‘and Lender's successors and assigns) has thesell thei toProperty;
not limited to, the right to foreclose and and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument,
BORROW! /ER COVENANTS that Borrower is rylawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and conveythe and that the Pro} is unencumbered, except for
Borrower ‘warrants ‘and will defend gencrally the title to the Property against all
claims and demands, ject lo any encumbrancesof record.
THIS SECURITY INSTRUMENT combines uniform covenants for ni ational use and non-uniform
‘covenants with limited variations by jurisdiction to constitute a uniform security inst rrument covering real
“UNIFORM COVENANTS. Borrower and Items,LenderPrepayment Charges, and ee as follows:
1. Pay ent of Principal, Interest, Escrow ‘the debt evidenced
and Late Charges.
by the Note and any
I pay when due the prin cipal and ‘Note.
interest on,
Borrower
and late charges due
pursuant to Section 3. Payments ‘due under
netthe Borrower shall also pay funds for Escrow Items
the Note and this Security Instrument shalt be made in U.S.
‘ingle Famlly-Fannle Ma
Preview
DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT U.S. BANK TRUST NATIONAL J.D. OF LITCHFIELD ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF2 ACQUISITION TRUST Vv. AT TORRINGTON THERESA THOMPSON ET AL NOVEMBER 28, 2023 AMENDED COMPLAINT 1 By her note dated March 21, 2014, Decedent Susan H. Levine (hereinafter “Decedent Levine”) who died on March 1, 2022, promised to pay to the order of PHH Mortgage Corporation the principal sum of $57,136.00, payable with interest thereon as provided in the note, a copy of which is attached and marked as "Exhibit A". 2 By deed of that date, Decedent Levine, to secure the note, mortgaged to Mortgage Electronic Registration Systems, Inc. as Nominee for PHH Mortgage Corporation a certain piece or parcel of land situated in the town of New Milford, county of Litchfield and state of Connecticut, and known and designated as 4 Harry Brooke Village, Unit 4A and more particularly described in the mortgage deed attached hereto and marked as "Exhibit B", of which the Decedent Levine was then the record owner, which mortgage deed is conditioned for the payment of the note according to its tenor, and the performance of certain covenants and conditions contained in the mortgage deed, which deed was dated March 13, 2014 and recorded March 31, 2014 in Volume 1092 at Page 201 of the New Milford Land Records. Said mortgage was modified by virtue of a modification dated July 20, 2017 and recorded August 18, 2017 in Volume 1150 at Page 1194 of the New Milford Land Records. 3 Said mortgage was assigned to PHH Mortgage Corporation by instrument dated August 18, 2020 and recorded August 20, 202 in Volume 1200 at Page 532 of the New Milford Land Records. Said mortgage was assigned to Federal National Mortgage Association by instrument dated March 3, 2023 and recorded April 21, 2023 in 1259 at Page 460 of the New Milford Land Records. Said mortgage was assigned to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF2 Acquisition Trust by instrument dated March 31, 2023 and recorded April 21, 2023 in Volume 1259 at Page 462 of the New Milford Land Records. 4 Plaintiff, U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust is the holder of the note and thereby has the right to foreclose. 5 The note and mortgage deed provide that Decedent Levine, her heirs and assigns, will be responsible for all costs of collection in the event collection proceedings are instituted, including payment of reasonable attorneys' fees. 6. The installment of principal and interest due March 1, 2020 and the installments due each and every month thereafter have not been paid, and the plaintiff has exercised its option to accelerate the entire balance due on the note. 7 Notice of default was sent to Decedent Levine in accordance with the terms of the note and the mortgage and an EMAP Letter was sent pursuant to law. 8. The following encumbrances of record upon the property sought to be foreclosed are prior in right to the plaintiff's lien, and are not affected by this action. (a) The town of New Milford may claim an interest in the premises by virtue of taxes not yet due and owing. (b) HARRYBROOKE PARK CONDOMINIUM ASSOCIATION, INC. may claim an interest in the premises by virtue of its statutory priority. 9 Defendant, HARRYBROOKE PARK CONDOMINIUM ASSOCIATION, INC. may claim an interest in the premises by virtue of its inchoate lien for any unpaid assessments/expenses/fees/charges in excess of its statutory priority and by virtue of a Lis pendens dated February 18, 2021 and recorded February 19, 2021 in Volume 1213 at page 950 of the New Milford Land Records. 10. Defendant Ban of America, N.A. may claim an interest in said premises by virtue of a mortgage in the original principal amount of $30,000.00 dated October 29, 2005 and record July 27, 2006 in Volume 908at page 746 of the New Milford Land Records. Said mortgage was modified by instrument dated May 31, 2007 and recorded June 13, 2007 in Volume 940 at page 682 of the New Milford Land Records and subordinated to the Plaintiff's mortgage by virtue of a subordination agreement dated March 10, 2014 and recorded March 31, 2014 in Volume 1092 at Page 222 of the New Milford Land Records. 11. Defendant, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING may claim an interest in the premises by virtue of an assignment of the original mortgage dated May 17, 2021 and recorded July 1, 2021 in Volume 1224 at page 177 of the New Milford Land Records. 12. Upon information and belief, Decedent Levine died intestate. 13. Upon information and belief, the known heirs are Defendants: Theresa Thompson, Sara L. Seifert, Christopher D. McDonagh, Amourette M. McDonaugh, David E. McDonagh, Sean A. McDonagh, Matthew D. McDonagh, Margaret B. McDonagh, Leona J Flynn Johnson. 14. There may be other unknown heirs, devisees and/or widows that should be Defendants as they may have a possessory or ownership interest in said premises. 15. Upon information and belief, Defendants Theresa Thompson, Sara L. Seifert, Christopher D. McDonagh, Amourette M. McDonaugh, David E. McDonagh, Sean A. McDonagh, Matthew D. McDonagh, Margaret B. McDonagh, Leona J Flynn Johnson and/or unknown heirs, devisees and/or widows may be the record owners of the subject premises and/or in possession thereof. WHEREFORE, the plaintiff claims: 1 Immediate possession of the mortgaged premises; 2. A deficiency judgment against the defendant; 3 A strict foreclosure of said mortgage and/or a foreclosure pursuant to CGS 49-17; 4 Costs of collection, including reasonable attorneys' fees; 5 Cost of suit; 6 Damages; 7 Interest; 8 That a receiver be appointed to collect the rents and profits accruing from said mortgage premises; 9 Such other and further relief as the Court deems just and proper. Dated at Fairfield, Connecticut this 28t? day of November, 2023. te / TIFF By/ egsicdL. Braus & Braus, LLC indbergh Street a yt ield, CT 06824 Te (203) 371-2213 Juris No. 404340 SEE NOTICE ATTACHED HERETO Please enter the appearance of Glass & Braus, LLC 25 Lindbergh Street Fairfield, Connecticut 06824 (203) 371-2213 for the plaintiff DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT U.S. BANK TRUST NATIONAL J.D. OF LITCHFIELD ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF2 ACQUISITION TRUST Vv AT TORRINGTON THERESA THOMPSON ET AL NOVEMBER 28, 2023 NOTICE A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED AND WHO HAS (FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO COMMENCEMENT OF THIS FORECLOSURE ACTION) OWNED AND OCCUPIED THE PROPERTY BEING FORECLOSED AS HIS PRINCIPAL RESIDENCE, MAY BE ENTITLED TO CERTAIN RELIEF PROVISIONS UNDER CONNECTICUT GENERAL STATUTES, SECTIONS 49-31d THROUGH 49-31i, AS AMENDED BY PUBLIC ACT 85- 591. THESE STATUTES REQUIRE THAT IF PROTECTION UNDER THESE STATUES IS REQUESTED, AN APPLICATION FOR RELIEF THEREFORE MUST BE MADE TO THE COURT WITHIN TWENTY-FIVE (25) DAYS AFTER THE RETURN DATE. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER THESE STATUTES. THIS IS AN EFFORT TO COLLECT A DEBT AND ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID BY US. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY-DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN VERIFICATION OF THE DEBT AND A COPY OF SUCH VERIFICATION WILL BE MAILED TO YOU. UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY-DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. THE FACT THAT YOU HAVE THIRTY (30) DAYS TO INDICATE A DISPUTE WILL NOT PREVENT US FROM FILING SUIT WITHIN THAT TIME. THIS LAW FIRM IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORREPSOND ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY DOCKET NO LLI-CV23-6033633-S SUPERIOR COURT U.S. BANK TRUST NATIONAL -D. OF LITCHFIELD ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF2 ACQUISITION TRUST Vv AT TORRINGTON THERESA THOMPSON ET AL NOVEMBER 28, 2023 STATEMENT OF AMOUNT IN DEMAND Plaintiff's amount in demand, exclusive of interests and costs, is more than Fifteen Thousand ($15,000.00) Dollars. Dated at Fairfield, Connecticut, this 28th day of November, 2023. THE P. NTIFF py / Lf aL. Braus 13 , & Braus, LLC dbergh Street field, CT 06824 Tel (203) 371-2213 Juris No. 404340 = __ = _Note MN, Connecticut March 21, 2014 NEW MILFORD [State] [Date] [City] 4 Harry’Brooke Village, UNIT 4A, New Milford, CT 06776 [Property Address} 1. Borrower's Promise to Pay (this amount is called "Principal", U.S. $57,136.00 Jn return for a loan that 1 have received, 1 promise to pay is PHH Mortga ge Corporation plus interest, to the order of the Lender. The Lender check or money order. T will make all payments under this Note in the form of cash, is entitled Note. The Lender or anyone who takes this Note by transfer and who J understand that the Lender may transfer this to receive payments under this Note is called the "Note Holder." 2. Interest rate of Principal has been paid. I will pay interest at a yearly Interest will be charged on unpaid pri incipal until the full amount of 5.590%. 6(B) of pay both before and after any default described in Section The interest rate required by this Section 2 is the rate I will this Note. 3. Payments {A) Time and Place of Payments ayment every month. I will pay principal and interest by making a p: day of each month beginning on Mz ry, 2014 I will make Twill make my monthly payment on the Ist charges describe d below that [ may owe l and interest and any other these payments every month until 7 have paid all of the principa be applied to interest before Principal. its scheduled due date and will under this Note. Bach monthly payment will be applied as of in full on that date, which is , [still owe amounts un der this Note, I will pay those amounts If, on April 01, 2044 is called the "Maturity Date." Mount Laurel, NJ 08054 T will make my monthly payments at 1 Mortgage Way, or at a diffcrent place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $327.65 4, Borrower's Right to Prepay they are due. A payment of Principal only is known as a T have the right to make payments of Principal at any time before writing that I am doing so. 1 may not designate a payment "Prepayment." When I make a Prepayment, I will tell the Note Holder in s due under the Note. 3 a Prepayment if I have not made all the monthly payment paying a Prepaym« ent charge. The Note Holder will use my _I may make a full Prepayment or partial Prepayments without However, the Note Holder may apply my Prepayment to Prepayments to reduce the amount of Principal that I owe under this ‘Note. applying my Prepayment to reduce the Princip: al amount of the the accrued and unpaid interest on the Pr ‘repayment amount, before the in the due date or in the amount of my monthly payment unless Note. If I make a partial Prepayment, th ere will be no changes Note Holder agrees in writing to those changes. oa ai aa se a Form $200 1/04 MUBTISTATE FIXED RATE NOTE. Single Family - Fannie Mac/Frecgie Mut UNIFORM INSTRUMENT VMPBN (131 0 Page 1 of 18 Wolters “luv er Financial Services 7 , : 5. Loan Charges is finally interpreted so that the interest or other If a law, which applies to this loan and which sets maximum loan charges, wit ith this loan exceed the permitte d limits, then: (a) any such loan charge foan charges collected or to be collected in connection to reduce the chi arge to the permitte d limit; and (b) any sums already collected from me shall be reduced by the amount necessary choose to make this refund by reducing the which exceeded permitted limits will be refund led to me. The Note Holder may Principal, the reduction will be treated as me. If a refund reduces Principal I owe under this Note or by making a direct payment to a partial Prepayment. 6. Borrower's Failure to Pay as Required (A) Late Charge for Overdue Payments calendar days by the end of Fifteen If the Note Holder has not receiv. ed the full amount of any monthly payment §.000% of my after the date it is due, I will pay a late charge to the Note Hol Ider, The amount of the charge will be overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default will be in default. If J do not pay the full amount of each monthly payment on the date it is due, T (C) Notice of Default telling ms ¢ that if I do not pay the overdue amount by a If | am in default, the Note Holder may send me a written notice jately the full amount of Principal which has not been paid and all the certain date, the Note Holder may require me to pay immedi the date on which the notice is mailed to me or delivered interest that I owe on that amount. That date must be at least 30 days after by other means. (D) No Waiver By Note Holder require me to pay immediately in full as described above, Even if, at a time when J am in default, th ¢ Note Holder does not later time. the Note Holder will still have the right to do so if | am in default at a (E) Payment of Note Holder's Costs and Expenses above, the Note Holder will have the right to be If the Note Holder has required me to pay imme diately in full as described of its costs and expenses in enforcin g this Note to the extent not prohibited by applicable law. Those paid back by me for all expenses include, for example, reasonable attorneys’ fees. 7. Giving of Notices given by Unless applicable law requires a different method, any notice that must be given to me under this Note will be if I give the Note delivering it or by mailing it by first class mail to me at the Property Address above or at a different address Holder a notice of my different address. it by first class Any notice that must be given to the Ni ‘ote Holder under this Note will be given by delivering it or by mailing Section 3(A) above or at a different address if I am given a notice of that different mail to the Note Holder at the address stated in address. 8. Obligations of Persons Under this Note y obligated to keep all of the promises made in this If more than one person signs this Note, each person is fully and personall surety or endorser of this Note is also Note, including the promise to pay the full amount owed, Any person who is a guarantor, ‘ions, including the obligations of a guarantor, surety ot obligated to do these things. Any person who takes over these obligati mai de in this Note. The Note Holder may enforce its rights under endorser of this Note, is also obligated to keep all of the promises all of us together. This means that any one of us may be required to pay all of this Note against each person individually or against the amounts owed under this Note. — a pomat — ie MaciFredgie Mac UNIFORM INSTRUMENT Form $200 1/01 MULTISTATE FIXED RATE NOTE - Single Family - Fi WEN (1902) Wott? Kiuw or Finzneal Services ' . 9. Waivers of. ‘Presentment and Notice of Dishonor. Jand any other person who has obligations under this Note waive the rights demand payment of amounts due. "Notice of Dishonor" means the Presentment” means the right to require the Note Holder to other persons that amounts due have not been paid. right to require the Note Holder to give notice to 10. Uniform Secured Note In addition to the protections given to the ‘This Note is a uniform instrument with limited variations in some jurisdictions, Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note Holder under this Note, a Mortgage, Deed of which ] make in this Note. result if 1 do not keep the promises Note, protects the Note Holder from possible losses which mi: ight That Security Instrument describes how and under what condi itions 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: or transferred (or if Borrower is Tf all or any part of the Property or any Interest in the Property is sold ed) without Lender's prior written not a natural person and a beneficial interest in Borrower is is sold or transferr by this Security Instrument. consent, Lender may require immediate payment in full of all sums secured However, this opti ‘on shall not be exercised by Lender if such exercise is prohibited by Applicable Law. shall give Borr ower notice of accelerati on. The notice shall If Lender exercises this option, Lender 30 days from the date the notice is given in accord: lance with Section 15 provide a period of not less than fails to pay these within which Borrower must pay all sums secured by this Security Instrument, If Borrower any remedies permitted by this Security sums prior to the expiration of this period, Lender may invoke Instrument without further notice or demand on Borrower. WITNESS THE H-AND(S) AND SEAL(S) OF THE UNDERSIGNED. WITHOUT RECOURSE: Pay to the order of: ee, SF Le __ (Seal) (Seal) -Borrower -Borrower Susan H. Levine Prrcols “hy ote ‘Araceli Mata, ‘Vice President, PHH Mortgage Corporation (Seal) =, (Seal) -Borrower -Borrower [Sign Original Only] [J Refer to the attached Signature Addendum for additional parties and signatures. ——s _ _ —— —— — es a Form 3200 1/01 NOTE. Single Family Fannie Meo/Freddie Mac UNIFORM INSTRUMENT ‘otels Kiuw er Financial Services a Book: 1092 Page: 201 Page: 1 of 21 Return To: PHH Mortgage Corporation 1 Mortgage Way, Mount Laurel NJ 08054 REE ~1092"201-221" Prepared By: Dusty Newby 1 MortgageWay, Mount Laurel, NJ 08054 ———= — {Space Above This Line For Recording Data] — a OPEN-END MORTGAGE DEED MIN DEFINITIONS ‘Words used in multiple sections of this document are defined below and other words are defined in Sections 3, , 20 and 21. Certain rules regarding the usage of words used in this documentare also provided in Section 16. (A) “Security Instrument" means this document, which is dated — Mareh 21,2014 together with all Riders to this document. {B) "Borrower" is Susan H. Levine,AN UNMARRIED WOMAN 7 Borrower is the mortgagor under this Security Instrument, that is (© "MERS" is Morigage Electronic Registrat tion Systems, Inc, MERS is a separate corporation acting solely as @ nominee for Lender and Lender's successors and assigns. MERS ts the mortgagee and has an under this Security Instrument. MERS is organized and existing under the laws of Delaware, address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. unmec reus-ouigle Farily-Fannie MaaiFreddle Mac UNIFORM INSTRUMENT WITH MERS Form 3007 1/04 |A(CT) e302) page Pat 14 ne SUL iP Wonpepe Fem, = Book: 1092 Page: 201 Page: 2 of 21 (D) "Lender"is PHH Mortgage Corporation Lender is a Corporation Jersey organized and existing under the laws of New Laurel, Lender's address is 1 Mortgage Way, Mount NJ 08054 (E) "Note" means the promissory note signed by Borrower and dated March 21, 2014 ‘The Note states that Borrower owes Lender Dollars Fifty-Seven Thousand One Hua \dred Thirty-Six Dollars and Zero ‘Cents ised to pay this debt in regular Periodic (U.S. $57,136.00 ) plus interest. Borrower has promi Payments and to pay the debt in full not later than ibedApril 01, 2044 {F) “Property"' means the property that is descr below under the heading “Transfer of Rij htsin the Property." prepayment charges and late charges (G) "Loan" means the debt evidenced by the Note, plus interest, any plus interest. due under the Note, and all sums due under this Security Instrument, Borrower. The following (H) "Riders" means all Riders to this Security instrument that}: are executed by Riders are to be executed by Borrower [check box as applicable F Adjustable Rate Rider ‘Condominium Rider ‘Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] @." "Applicable Law" means all controlling jicable federal, stale and local statutes, ances and edministrative rules and orders (t hhave the effect of lew) as well as all applical ef. non-appealable judicial opinions. and other @ "Community iation Dues, Fees, and Assessments” means all dues, fees, assessments charges that are imposed on Borrower or the Property by @ coi ndominium association. homeowners association or similar organization. (Ky) “Electronic Funds Transfer" means any transfer of funds, other than @ transaction originated by or similar paper instrument, which is initiated ‘throu;authorize a financial institution to debit check, ‘draft,‘computer, an electronic terminal, telephonic or magneti ic inst ‘of point-of-sale transfers. automs al ted tel ler h term Gnclades, ‘bt i not | imited : to. ‘wansfers, or credit an account. and automa € machine transactions, transfers initiated by telephone, wire (L) "Escrow Items"18 ‘means those items that are described in Section 3. Proceeds" means any coms jion, settlement, award of | Sany tard pay ( other than insurance ptIr corelpaidpl underfonthe orcoverages described in ‘seedon 5) for () other taking of all or any partas to,of the destruct ion of, the Property; (ii : lamage to, conveyance the Property: in liew of condemnation; or (iv) misrepresentations of, or omissions value and/or condition of the &(O) “Mortgage fusurance" means insurance protecting “Periodic Payment" means the r Lender ageinst the nonpayment of, or default larly scheduled amount due for (i) principal and interest under the on, ‘Note, plus (ii) any amounts under Sectic jon3 of this Security Instr 2. U.S.C, Section 2601 et seq.) and its (P) “RESPA" means the Real Estate Settlement Procedures Act (1 as they might be amended from time to (12 C.F.R. Part 1024), govems implementing regulation, RegulationF X legistation the same ject matter. As used time, or any additional or regutation jn regard in this Security Instrument, “RESPA" refers to all requirements and restr ‘ions that are it mortgage to a “federally related mortgege loan" even if the Loan does not qual lify as a “federally related joan" under RESPA. ty that has taken title to the Property, whether or (Q) “Successor in Interest of Bot rower” means not that party has assumed Borrower’ obligations under the Note and/or this Security Instrument. singl Fomiy-Fannle M a/Fredale Mac UNIFORM INSTRUMENT WITH MERS Form 3007 110% Gy ACT sea Book: 1092 Page: 201 Page: 3 of 21 TRANSFER OF RIGHTS IN THE PROPERTY ‘This Security Instrument secures to Lender: (i) the repay syment of the Loan, and all renewals, extensions and covenants and agreements under this modifications of the Note; and (ii) the perfor mance of Borrowerin's considerati Security Instrument and the Note, For this purpt ose, Borrower on of this debt does hereby grant and convey to MERS (solely as nominee for Lender and Lender'sdescribed successors and assigns) and to the successors assigns of MERS, the following property tocated in the Coun of LITCHFIELD Clype of Recording Jurisdxcvon) [Name of Recording Jurisdiction) ‘See Attached Legal Description Parcel ID Number: which currently has the address of 4 Harry Brooke Village , UNIT 4A. street) NEW MILFORD [cup] . Connecticut 06776 {Zip Codel (Property Address"): TO HAVE AND TO HOLD this property unto MERS (solely a5. nominee for Lender and Lender's successors and assigns) and to the su focessors and assigns of MERS, forever. to jgether ‘on the property. and all with all the ces, and fixtures improvements now or ‘ad itions shall also be covered by this now or hereafter a part of the perty. All to in this Security Instrument os "Pre . Security Instrument. All of the foregoi is re title 10 the interests Borrower in rower understands and agrees that M holds only comply with this Security Instrument, but, if necessary to right: ‘or custom, MERS. (as. ‘somines for exerci‘ise any or alf of those interests, including, but ‘and Lender's successors and assigns) has thesell thei toProperty; not limited to, the right to foreclose and and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument, BORROW! /ER COVENANTS that Borrower is rylawfully seised of the estate hereby conveyed and has the right to mortgage, grant and conveythe and that the Pro} is unencumbered, except for Borrower ‘warrants ‘and will defend gencrally the title to the Property against all claims and demands, ject lo any encumbrancesof record. THIS SECURITY INSTRUMENT combines uniform covenants for ni ational use and non-uniform ‘covenants with limited variations by jurisdiction to constitute a uniform security inst rrument covering real “UNIFORM COVENANTS. Borrower and Items,LenderPrepayment Charges, and ee as follows: 1. Pay ent of Principal, Interest, Escrow ‘the debt evidenced and Late Charges. by the Note and any I pay when due the prin cipal and ‘Note. interest on, Borrower and late charges due pursuant to Section 3. Payments ‘due under netthe Borrower shall also pay funds for Escrow Items the Note and this Security Instrument shalt be made in U.S. ‘ingle Famlly-Fannle Ma