Preview
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
STATE OF NEW YORK
SUPREME COURT COTINTY OF KINGS
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,
ON BEHALF OF THE COLT 2021-6 MORTGAGE LOAN
TRUST, A NEW YORK COMMON LAW TRUST,
Plaintifl
-VS- SUMMONS
.]ADE SLINSHINE LLC, A LIMITED LIABILITY COMPANY;
TINA HOWE AIWA TINA Y. HOWE; HUIPING DONG;NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOFIN
DOE" AND "JANE DOE" said names being fictitious. it being the Index No.
intention of Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants
Mortgaged Premises:
1 01 8 3 8th Street, Brooklyn, NY 1 l2 I 9
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
service of this Summons, exclusive of the day of service. or within thirty (30) days after service
of the same is complete where service is made in any manner other than by personal delivery
within the State. The United States of America, if designated as a defendant in this action, may
answer or appear within sixty (60) days of service. Your failure to appear or to answer will
result in a judgment against you by default for the relief demanded in the Complaint. In the
event that a deficiency balance remains from the sale proceeds, a judgment may be entered
against you, unless the Defendant obtained a bankruptcy discharge and such other or further
relief as may be just and equitable.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure
proceeding against you and filing the answer with court, a default judgment may be
entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending lbr further
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information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING
THE ANSWER WITH THE COURT.
KINGS County is designated as the place of trial. The basis of venue is the location of
the mortgaged premises.
DATED: March |2,ZOZ+
Mark Broyles,
FEIN, SUCH LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7 400
SPSCO69
BLOCK:5288
LOT: 14
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NATURE AND OBJECT OF ACTION
The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
the County of KINGS, State of New York as more particularly described in the Complaint
herein.
TO THE DEFENDANT, except JADE SUNSHINE LLC, A LIMITED LIABILITY
COMPANY, the plaintiff rnakes no personal claim against you in this action.
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Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your home.
Please read the summons and complaint carefully. You should immediately
contact an attorney or your local legal aid office to obtain advice on how to
protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll free helpline
maintained by the New York State Department of Financial Services at 1-800-
342-3736 or visit the Department's website at IwUJ!_fs,"!l-y.ggl!
Rights and Obligations
YOU ARE NOT REQUIRBD TO LEAVE YOUR HOME AT THIS
TIME. You have the right to stay in your home during the foreclosure
process. You are not required to leave your home unless and until your
property is sold at auction pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUIRED TO TAKE CARB OF YOUR PROPERTY and pay property
taxes in accordance with state and local law.
Foreclosure Rescue Scams
Be careful of people who approach you with offers to "save" your home.
These are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be extremely careful
about any such promises and any suggestions that you pay them a fee or sign
over your deed. State law requires anyone offering such services for profit to
enter into a contract which fully describes the services they will perform and
fees they will charge, and which prohibits them from taking any money from
you until they have completed all such promised services.
S 1303 Notice 1220t6
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STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE,
ON BEHALF OF THE COLT 202I-6 MORTGAGE LOAN
TRUST, A NEW YORK COMMON LAW TRUST,
Plaintiff,
-VS- COMPLAINT
JADE SLINSHINE LLC, A LIMITED LIABILITY COMPANY;
TINA HOWE AIKIA TINA Y. HOWE; HUIPING DONG; NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOHN
DOE" AND "JANE DOE" said names being fictitious, it being the Index No
intention of Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants
The plaintiff herein, by FEIN, SUCH & CRANE, LLP, its attorneys, complains of the
defendants above named, and for its cause of action, alleges:
FIRST: The plaintiff, is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and beliei at all tirnes hereinafter mentioned, the
defendant(s) reside or conduct business at the address set forlh in "Schedule A" annexed hereto
(any that are corporations being organized and existing under the laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
therein.
THIRD: That the United States of America, the People of the State of New York, the
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and all other agencies or instrumentalities of the Federal, State or local governmetlt,
however designated, if named as def'endants, are made palties solely by reason of the facts set
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forth in the annexed "Schedule 8."
FOURTH: That heretofore. to secure a sum of rnoney to the stated Lender, its successor
and assigns, the def-endants duly executed, acknowledged and delivered to the stated Lender, a
certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
and assigns, jointly and severally, in the amount of said sum, as more fully described inthe
annexed "Schedule C," said schedule being a copy ofthe bond(s) or note(s), or accurate
reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the
terms of repayment of said sum and rights of the plaintiff.
FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to
the commencement of this action and is entitled to enforce the Note.
SIXTH: That as securitl,for the payment of said indebtedness, a Mortgage(s) was
executed as annexed hereto in "Schedule D," acknowledged and delivered to the stated
Lender/Moftgagee, its successors and assigns" wherein the named mortgagor or mofigagors
bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
premises more pafticularly described therein (hereinafter, the "Mortgaged Premises") under
certain conditions with rights, duties and privileges between the parties as described therein.
SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached in
Schedule "D". As such, Plaintiffis current beneficiary of the Mortgage securing the Note, the
originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to
enforce the subjecl Moltgage and Note pllrsuant to law.
EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
NINTH: Tliat Plaintiff has conrplied with all applicable provisions of the Laws 2020 ch.
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381, Chapter 73 of the Laws of 2021, Real Property Actions and Proceedings Law and Banking
Law. including but not limited to Banking Law $595-a,6-1,6-m, and 9-x, and RPAPL S 1304
and 1306, where applicable and where the following information applies:
(1) The 90-day notice is not required under $1304 because: the borrower is a
corporation.
(2) Cornpliance w'ith Banking Law 9-x is not required because (l) the mortgage being
foreclosed herein does not meet the definition of "home loan" under RPAPL $ 1304, as required
by Banking Law $ 9-x(b)(i). Banking law $ 9-x does not apply because (a) the bonower is not a
natural person; and/or (b) the mortgage debt was not incurred primarily for personal, family or
household pulposes. but rather, is a commercial loan; and/or (c) the property is not occupied by
the borrow'er as his/her principal dwelling; and/or (2) the mortgagor failed to demonstrate
financial hardship as a result of COVID- I 9 during the covered period (Banking Law 9-x(b)(ii));
and/or (3) Plaintiff is not a "regulated institution" as defined under the law. Banking Law 9-x(c).
TENTH: That the defendant(s), have failed to comply with the conditions of the
mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments,
water rates. insurance premiums, escrow and/or other charges, all as more fully described in
"Schedule E".
ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
morlgage(s) as more than thirty (30) days have elapsed since the date of default.
TWELFTH: That "Schedule E" sets forth the principal balance due and default date and
rate at which interest accrued from the defendant(s) default.
THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
"Schedule E", or ma_v be compelled to pay during the pendency of this action, local taxes, assess-
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ments, water rates. insurance prerniums and otl-rel charges assessed to the Mortgaged Premises,
and hereby reqlrests that any sums paid by it for said purposes, with interest thereon, be added to
the sum otherwise due. be deemed secured by the mortgage(s) and be adjudged a valid lien on
the Mortgaged Prenrises.
FOURTEENTH: That the defendants herein have or claim to have some interest in, or
lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any. accrued
subsequent to the lien of the plaintiffs mortgage(s).
FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mofigage and note; and there
have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
mortgage(s) and no such proceedings are currently pending, or are in the process of being
discontinued without prejudice.
SIXTEENTH: That Schedules "A", "8", "C", "D", and "E", be incorporated and made
part of the Cornplaint with the same force and effect as if they were completely and fully set
forth wherever reference is made to them herein.
SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
or changed its election herein by reason of any payment after the commencement of this action
of any or all of the defaults mentioned herein and such election shall continue to be effective.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys fees if provided for in the bond(s), note(s)
or nrortgage(s). and that the def-endants, and any persons claiming by, through or under them
subsequent to the colrlnencernent of this action, and every other person or corporation whose
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right, title, conveyance or encurlbrance of the Mortgaged Premises is subsequent or recorded
subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Pt'emises,
or pat't theleof. be decreed to be sold according to law as may be necessary to raise the amounts
due for principal, interest. costs, allowances and disbursements, together with any monies
advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),
note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
out of the proceeds frorn the sale thereof, with interest thereon from the respective dates of
payment thereof, costs and expenses of this action and reasonable attorneys' fees, if provided for
in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
Premises with the usual powers and duties associated therewith; that the defendants whom
executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to
pay any remaining deficiency; and such other or further relief as may be just and equitable. The
plaintiff hereby reserves its right to share in surplus monies from the sale by virtue of its position
as a judgment or other lien creditor, excl the mortgage(s) foreclosed herein.
DATED: March fu,z0z+ t?
Broy
FEIN, SU CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (5 85)232-7 400
SPSCO69
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SCHEDULE ''A '' - DIIFE,NDANTS
DEFENDANTS CAPACITY
JADB SUNSHINB LLC, A LIMITED Prior Owner artd original obligor under the Bond
LIABILITY COMPANY secured by the Mortgage recorded in CRFN:
I 0l 8 3 8th Street, Brooklyn, NY I 1 21 9 2021000311756, in the Office of the City Register
of tlre City of New York ort Septenrber 20,2021.
Said Mortgage was tlren assigned to PLAINTIFF
by virtue of an Assignrnettt of Mortgage recorded
on March 11 ,2024 in the Office of the City
Register of the City of New York in CRFN:
2024000061292.
TINA HOWE A/ISA TINA Y. HOWE Record Owner
1018 38th Street, Brooklyn, NY 11219
HUIPING DONG Possible Subordinate Lienor by virtue of Judgment
931 5 Lenrorr Mint Court, Fairfax, Y A 22031 irr the anrount of $828,142.54 against Tina Yu
Howe, 812 60th Street, 6th Floor, Brooklyn, NY
11220, recorded on July 28,2022 in Index Nurnber
6s1906-19.
.IOHN DOE and JANE DOE Said names being fictitious, it being the intention of
Plaintiff to designate any and all occupants of
premises being foreclosed herein.
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ULE "B'
NEW YORK CITY ENVIRONMBNTAL Possible Subordinate Lienor by virlue of New York
CONTROL BOARD City Environmental Control Board Lien in the
arrount of $300.00 against Tina Y. Howe, 1018
38th Street, Brooklyn, NY 11219, docketed
0512023 under Violation Number 041593302P.
Possible Subordinate Lienor by virlue of New York
City Environmental Control Board Lien in the
amount of $300.00 against Jade Sunshine LLC,
I 01 8 3 8th Street, Brooklyn, NY 1 121 9, docketed
1 1 12021 urrder Violation Number 046932348H.
Possible Subordinate Lienor by virtue ofNew York
City Environmental Control Board Lien in the
amount of $300.00 against Jade Sunshine LLC,
I 01 8 3 Sth Street, Brooklyn, NY 1 121 9, docketed
1212021 under Violation Number 047199724J.
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SCHEDULE IICII
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FIXED/ADJUSTABLE RATE NOTE
(3O-day Average SOFR lndex (As Published by the
Federal Reserve Bank of NewYork) - Bate Caps)
THIS NOTE CONTAINS PBOVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN
ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND MAXIMUM RATES I MUST PAY.
August 1 B, 2021 Lake Forest, California
IDatel lCity] IState]
1018 3BTH STREET, Brooklyn, NY 11219
lProperty Addressl
1, BORROWEB'S PROMISETO PAY
ln return for a loan in tlre amounl ol U.S. $842,625.00 (the "Principal") thal I have received lrom Hometown
Equity Mortgage, LLC dba theLender, a Limited Liability Corporation
(lhe "Lende/'), I promise lo pay the Principal, plus inleresl, lo lhe order of lhe Lender, I will make all paymenls under this
Note in the torm of cash, check or money order in U.S. currency.
I understand that lhe l-ender may lransfer this Nole. The Lender or anyone who takes lhis Note by transfer and who
is entilled lo receive paymenls under this Nole is called lhe "Nole Holder."
2. INTEREST
lnteresl will be charged on unpaid Principal until lhe lull amount ol the Principal has been paid. I will pay interest al
a yearly rale of 4.990 %. The inlerest rate I will pay will change in accordance wilh Seclion 4 of this Note.
The inlerest rate required by lhis Section 2 and Seclion 4 ot this Nole is the rate I will pay both before and after any
delault described in Section 7(B) ol lhis Nole.
3. PAYMENTS
(A) Time and Place ot Paymenls
I will pay principal and interest by making a payment every month.-l-his amount is called my "Monthly Payment."
lwill makemyMonthlyPaymentonthe 1st dayofeacl.rmonlhbeginningon October1,202'|.. lwill make
these payments every month unlil I have paid all of the Principal and interest and any othercharges described below
that I may owe under this Note. Each Monthly Payment will be applied as of its scheduled due dale and will be applied
lointerestbelorelhePrincipal. lf,on September1,2O51, lstill oweamountsunderlhisNote, lwill paylhoseamounls
on that date, which is called lhe "Maturity Datel'
I will make my Monlhly Paymenls al 25531 Commercentre Drive #250
Lake Forest, CA 92030
or al a ditferent place if required by thc Nole Holder.
(B) Amount of My lnitial Monlhly Paymenls
Each ol my initial Monthly Payments will be in the amounl of U.S. $4,518,24. This amount may change.This
payment amount does nol inclLrde any property laxes, insurance, or olher charges lhat I may be required to pay each month.
(C) Monthly Paymenl Changes
Changes in my Monthly Paymenl will rellect clranges in lhe unpaid Principal of my loan and in the interest tate that
I must pay. The Note Holder will delermine my new inleresl rate arrd lhe changed amount of my Monthly Paymenl in
accordance wilh Section 4 ol lhis Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
Theinitial lixedinteresl ratelv/ill paywill changetoanadjuslableinlereslraleonthe 1st dayof September'2028
andlheadjustableinterestralelwill paymaychangeonlhe 1st dayofthemonlhevery 6th monththereafter.Each
date on which my adjuslable interesl rale could change is called a "Change Dale."
(B) The lndex
Beginning wilh lhe tirst Change Dale, my interesl rate will be based on an Index lhal is calculaled and provided lo
lhe general public by an adminislralor (lhe'Administraloi'). I-he'lndex" is a benchmark, known as the 30-day Average
SOFR index.The lndex is currently put)lished by the Federal Reserve Bank of NewYork.The mosl recent lndex value
available as of the dale 45 days before each Change Dale is called lhe "Currenl lndex," provided lhat if the Currenl lndex
is less lhan zero, lhen lhe Currenl lndex will be deemed lo be zero tor purposes of calculating my interest rale.
lf lhe lndex is no longer available, il will be replaced in accordance with Seclion 4(G) below.
(C) Calculation of Changes
Before each Change Date, lhe Nole Holder will calculale my new interesl rate by adding FOUR AND ONE-HALF
percentage poinls ( 4.500 % )(lhe"Margin') to the Current lndex.The Margin may
change if lhe lndex is replaced by the Nole Holrler irr accordance wilh Seclion 4(GX2) below.The Note Flolderwill then
round lhe resull of the Marqin plus lhc Currenl lndcx to thc nearest one-eighlh of one percentage poinl (0.125%). Sribiect
to lhe limits slated in Section 4(D) belolv, this rounderJ amounl will be my new interesl rale until lhe nexl Change Date.
MULTISTATE FIXEDiADJUSTABLE RATE NOTE - 30'day Avcrage SOFR- Slrglc Fanrily
Fannle Mae / Freddic Mac Unilorrn lnslrument Form 3442 04/20
Ellie Mae. lnc- Page .l ol 4 F3442NOT 0420
F3442NOT (Ct.S)
oBl t\lzo2l09:23 AM PST
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The Nole Holder will then delerminc lhe amounl'ol lhe Mohlhly Payment lhat would be repay
Principal lltat I am expecled lo owe al lhe Charrge Dale on lhe lvlaturily Dale at my new inlerest rale in subslanlially equal
paynenls. The resull of lhis calculation will be the ncw amounl of my Monlhly Payment.
(D) Lilnits on lnlerest Rate Changes
The inleresl rate I am required lo pay al lhe lirst Change Date will not be grealer lhan 6,990 % or less than
4.990 %. Thereafler, nly inlerest rale will never be increased or decreaserJ on any single Change Date by more
than ONE percenlage points ( '1.000 % ) from lhe rale of inlerest I have been
paying tor lhe preceding 6 months. My interest rate will never be greater lhan 9.990 % or less than 4.990 %,
(E) Eflective Date of Changes
My new inleresl rale will become eflective on eacl] Change Dale. I will pay llre amounl of my new Monthly Payrnent
beginning on the first Monlhly Paymenl date after lhe Change Date until the amounl of my Monlhly Payment changes again.
(F) Nolice of Changes
The Note Holder will deliver or mail lo me a nolice ol any changes in my initial fixed inleresl rate to an ad.iustable
inleresl rate and of any changes in my adjustable interesl rate before lhe eflective date of any change. The nolice will
include lhe amount of nty Monthly Pzlyrnent, any inlormalion required by law to be given to me and also lhe title and
lelephone number ot a pcrson who will answer any question I may have regarding the notice.
(G) Replacenrent lndex and Beplacernent Margin
The lndex is deemed lo be no longer available and will be re place d if any of the tollowing evenls (each, a "Beplacement
Event") occur: (i) the Administralor has permanenlly or indefinitely stopped providing the lndex to llre general public; or
(il) lhe Adminislrator or its regulalor issues an ollicial public slatement that the lndex is no longer reliable or representalive.
lf a Replacemenl Evenl occurs, the Nole llolder will select a new index (the "Replacemenl lndex") and may also
select a new margin (lhe "Beplacemenl Margin"), as follows:
(1) l{ a replacement index has been selecled or recommended for use in consumer producls, including residenlial
adjustable-rale morlgaqes, by the Board of Governors of lhe Federal Reserve System, the Federal Beserve Bank
of NewYork, or a commitlee endorsed or convened by the Board of Governors of the Federal Reserve System
or the Federal Reserve Bank ol NewYork at the lime of a Beplacement Evenl, lhe Nole Holder will selecl thal
index as the Replacement lndcx.
(2) lf a replacement index has not been selecled or recommended for use in consumer producls under Section (G)(1)
at the lime of a Replacement Event, lhe Note Holder will make a reasonable, good tailh erforl lo select a Fleplace-
menl lndex and a Replacemenl Margin lhal, when adcled logether, the Nole Holder reasonably expects will
tninifftize any change in the cost of lhe loan, taking into account the historical performance of the lndex and lhe
Replacement lndex.
Tlre Replacemenl lndex and Fleplacenrenl Margin, i{ any, will be operative immediately upon a Fleplacement Evenl
and will be used to delermine my interest rale and Monthly Paymenls on Change Dales that arc more lhan 45 days afler
a Feplacement Evenl.-Ihe lndex and Margin could be replaced more lhan once during the lerm of my Nole, bul only if
another Replacemenl F-venl occurs. Aller a Replacemenl Event, all relerences to the "lndex" and "Margin" will be deemed
lo be references lo lhe "Replacemenl lndex" and "Replacemenl Margin."
The Nole Holder will also give me nolice of my Replacement Index and Replacement Margin, if any, and such other
information required by applicable law and regulalion.
5. BORBOWER'S RIGHTTO PREPAY
I have lhe right to nrake paymenls of principal al any lime belore they are due. A payment of principal only is known as
a "Prepaymenl."When I make a Prcpaymcnt, lwill nolify the Nole Holder in wriling that I am doing so. I may not designate
a payment as a Prepayment if I lrave not made all the Monlhly Payments then due under this Note.
lmay make a full Prepaymenl or partial Prepayments without paying a Prepayment charge.The Note Holderwill use
my Prepaymenls lo reduce lhe amounl of Principal lhat I owe under lhis Nole. However, the Note Holder may apply my
Prepayment lo lhe accrued and unpaid inlerest on lhe Prepayment amount, before applying my Prepaymenl to reduce
lhe Principal amount of the Nole. lf I make a parlial Prepaymenl, lhere will be no changes in the due date of my Monthly
Paymenl unless llte Note Holder agrees in writing to those changes. My partial Prepaymenl may reduce the amount o{
my Monlhly Paymcnts aflcr thc lirsl Changc Datc lollowing nry partial Prepayment, However, any reduction due to my
partial Prepayment may be oflset by an inlerest rale increase. PLEASE REFER TO THE ATTACHED PREPAYMENT
ADDENDUM WHICH AMENDS AND MODIFIES THE TERMS HEREOF AND IS HEREBY INCORPORATED BYTHIS
REFERENCE.
6, LOAN CHAHGES
ll appllcable law sels maximum loan charges. and thal law is f inally inlerpreled so thal lhe inierest or olher loan charges
collected or to be collecled in conneclion wilh the loan exceed lhe permitted limits, then: (a) any such loan charge will be
reduced by the amount necessary lo reduce the charge lo the permitled limit; and (b) any sums already collecled from
me lhat exceeded permilted linrits will be relunded to me.The Note Holder may choose to make this relund by reducing
lhe Principal I owe under lhis Nole or by making a direct payment lo me, lt a refund reduces Principal, lhe reduction will
be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REOUIBED
(A) Late Charges for Overdue Payments
lftheNoteHolderhasnolreceivedlhefull anrountolanylvlonlhlyPaymenlbylheendof 15 calendardays
afterlhedateitiscJue, lwill payalalechargelolheNole Holder.Theamounl oflhechargewill be 5.000% ofmy
overdue Monlhly Paymenl. I will pay this lalc chargc promptly but only once on each lale payment.
(B) Default
lf I do not pay lhe lull amounl of each Monlhly Paymenl on the dale il is due, I will be in defaull.
(C) Notice of Delault
l, I am in delault, lhe Nole l'lolcJer m;ry send nre a wnllen notice lelling me lhal if I do nol pay lhe overdue antount
by a cerlain dale, the Nole Holdcr rrray requirc' nro lo pziy inrmediately the lull amounl ol unpaid Principal and all lhe
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inlerest lhat I owe on lhal amounl and olher chargeb ciue uncier lhis Nole (the "Default Bala
least 30 days aller the dalc on which lhe nolice is mailed to me or delivereci by olher means.
(D) No Waiver 8y Note Holder
lf I am in default and the Nole Holder does nol require me lo pay lhe Defaull Balance immediately as described
above, lhe Note Holder will still have lhe right to do so if I continue to be in default oI if I am in defaull al a laler lime.
(E) Paymenl of Note Holder's Costs and Expenses
lf the Nole l-lolder has required me lo pay lhe Dcfault Balance immediately as described above, lhe Nole Holderwill
have lhe righl 1o be paid back by me for all of ils costs and expenses in enforcing this Note to the extenl nol prohibiled
by applicable law Those expenses include, for example, reasonable attorneys'fees and costs.
B. GIVING OF NOTICES
(A) Notice to Borrower
Unless applicable law requires a dilferent melhod, any notice thal must be given to me under lhis Note will be given
by delivering il or by mailing it by firsl class mail lo me at the PropertyAddress above or at a different address if lgive
lhe Note Holder a nolice of my ditlerent address. I will promptly notily the Note Holder of any change to my physical
address and ol any change to my mailing address. Unless applicable law requires olherwise, notice may instead be senl
by e-mail or other eleclronic communicalion il agreed to by me and the Note Holder in wriling and if I have provided lhe
Nole Holder with my current e-mail address or other eleclronic address. lf I have agreed wilh lhe Note Holder thal notice
may be given by e-mail or olher eleclronic communicalion, I will prornptly notify the Nole Holder o, any changes to my
e-mail address or olher electronic address.
(B) Notice lo Note Holder
Any notice thal Borrower must give to lhe Nole Holder under this Note will be delivered by first class mail lo the Note
Holder at the address staled in Section 3(A) above or at a diflerenl addless if I am given a notice of that ditferenl address.
9. OBLIGATIONS OF PEBSONS UNDEB THIS NOTE
lf more lhan one person signs tlris Nole, each person is fully and personally obligated to keep all of the promises
made in this Note, including lhe promise to pay lhe full amounl owed.Any person who is a guaranlor, sulety or endorser
of this Note is also obligated to do these things. Any person who lakes over these obligations, including the obligations
of a guaranlor, surely or endorser of lhis Note, is also obligaled to keep all of the promises made in this Nole.The Note
Holder may enforce ils rights under lhis Nole againsl each person individually or againsl all of us togelher.This means
that any one ol us may be required to pay all ol the amounts owed under this Note.
10. WAIVERS
I and any olher person who has obligations under this Note walve the righls of Plesentment and Nolice of Dishonor.
"Presenlmenl" means llre righl lo require lhe Nole Holder to demand paymenl ol amounts due. "Notice of Dishonor'
means lhe right lo require the Nole Holder lo give notice to other persons that amounts due have nol been paid.
.I1. UNIFOFM SECURED NOTE
This Note is a unilorm instrument with limited variations in some jurisdictions. ln addition to the proteclions given
lo the Note Holder under this Nole, a Morlgage, Mortgage Deed, Deed of Trusl, or Security Deed, as amended by the
Fixed/Adiustable Rate Hider (lhe "Securily lnstrument"), dated the same date as lhis Note, prolecls the Note Holder trom
possible losses that might resull it I do not keep lhe promises thal I make in lhis Note. That Securily lnsUument also
describes how and under what condilions I may be required to make immediate payment of all amounts I owe under this
Nole. Some ol those condilions are described as follows:
(A) Until my inilial fixed inleresl rale changes lo an adjustable interest rate under the terms stated in Section 4 above,
Seclion 18 of lhe Security lnslrumenl will read as follows:
Transler ol the Property or a Beneficial lnlerest in Borrower. As used in this Section lB, "lnlerest in the
Property" means any legal or beneficial inleresl in the Property, including, bul not limiled lo, those beneficial
inlerests translerred in a bond lor deed, conlracl for deed, installment sales conttact or escrow agreemenl, lhe
inlenl ol which is lhe lransler of lille by Borrower at a fulure date to a purchaser.
lf all or any part ol lhe Prope rty or any lnleresl in the Property is sold or transferred (or if Borrower is nol a
natural person and a beneficial inleresl in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require inrnrediale payment in full of all sunrs secured by this Securily lnslrumenl. However, lhis
option shall not be exerciscd by Lendcr if such exercise is prohibiled by Applicable Law.
lf l-ender exercises this option, Lender shall give Borrower nolice of acceleration.The notice shall provide
a period of nol less than 30 days from lhe date lhe nolice is given in accordance with Section '15 within which
Borrower mrrsl pay all sums secLrrer.l by lhis Securily lnslrument. ll Borrower fails to pay these sums prior to lhe
expiration of lhis period, Lender may invoke any remedies permitled by this Securily lnstrument wilhout turther
notice or demand on Borrovrer.
(B) When my initial fixed interesl rale changes to an adjustable interest rate under lhe terms slaled in Section 4 above.
Section 1B ol llre Securily lnslrumenl described in Seclion 11(A) above will then cease to be in effect, and Section 1B ol
the Securily lnslrument will inslead read as follows:
Transfer ol the Property or a Beneficial lnterest in Borrower. As used in lhis Section 18, "lnleresl in lhe
Properly" means any legal or beneficial inleresl in lhe PropeIly, including, but not limited to, those beneficial
inleresls translerred in a bond lor deed, conlracl for deed, installmenl sales conlract or escrow agreemenl, lhe
intenl of which is the transfer of litle by Borrovrer at a future date to a purchaser.
ll all or any parl of the Properly or any lnleresl in lhe Property is sold or lransterred (or if Borrower is nol a
nalural persor) and a berrelicial inleresl in Borrower is sold or translerred) wilhoul Lender's prior wrilten consent,
Lender may require immediale paymcnt in lull of all sums secured by lhis Securily lnslrumenl. However, lhis
option slrall not be exercised by Lender il such exercise is prohibiled by Applicable Law. Lender also slrall not
exercisc lhis oplion if: (a) Borrower causes Io be submitled to Lender inlormation required by Lende r to evaluate
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FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 STATE OF NEW YORK SUPREME COURT COTINTY OF KINGS U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE COLT 2021-6 MORTGAGE LOAN TRUST, A NEW YORK COMMON LAW TRUST, Plaintifl -VS- SUMMONS .]ADE SLINSHINE LLC, A LIMITED LIABILITY COMPANY; TINA HOWE AIWA TINA Y. HOWE; HUIPING DONG;NEW YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOFIN DOE" AND "JANE DOE" said names being fictitious. it being the Index No. intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants Mortgaged Premises: 1 01 8 3 8th Street, Brooklyn, NY 1 l2 I 9 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the service of this Summons, exclusive of the day of service. or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service. Your failure to appear or to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending lbr further 1 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. KINGS County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. DATED: March |2,ZOZ+ Mark Broyles, FEIN, SUCH LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7 400 SPSCO69 BLOCK:5288 LOT: 14 2 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of KINGS, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, except JADE SUNSHINE LLC, A LIMITED LIABILITY COMPANY, the plaintiff rnakes no personal claim against you in this action. 3 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll free helpline maintained by the New York State Department of Financial Services at 1-800- 342-3736 or visit the Department's website at IwUJ!_fs,"!l-y.ggl! Rights and Obligations YOU ARE NOT REQUIRBD TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARB OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure Rescue Scams Be careful of people who approach you with offers to "save" your home. These are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. S 1303 Notice 1220t6 4 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE, ON BEHALF OF THE COLT 202I-6 MORTGAGE LOAN TRUST, A NEW YORK COMMON LAW TRUST, Plaintiff, -VS- COMPLAINT JADE SLINSHINE LLC, A LIMITED LIABILITY COMPANY; TINA HOWE AIKIA TINA Y. HOWE; HUIPING DONG; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOHN DOE" AND "JANE DOE" said names being fictitious, it being the Index No intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants The plaintiff herein, by FEIN, SUCH & CRANE, LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: The plaintiff, is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and beliei at all tirnes hereinafter mentioned, the defendant(s) reside or conduct business at the address set forlh in "Schedule A" annexed hereto (any that are corporations being organized and existing under the laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged therein. THIRD: That the United States of America, the People of the State of New York, the State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local governmetlt, however designated, if named as def'endants, are made palties solely by reason of the facts set 5 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 forth in the annexed "Schedule 8." FOURTH: That heretofore. to secure a sum of rnoney to the stated Lender, its successor and assigns, the def-endants duly executed, acknowledged and delivered to the stated Lender, a certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators and assigns, jointly and severally, in the amount of said sum, as more fully described inthe annexed "Schedule C," said schedule being a copy ofthe bond(s) or note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of repayment of said sum and rights of the plaintiff. FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to the commencement of this action and is entitled to enforce the Note. SIXTH: That as securitl,for the payment of said indebtedness, a Mortgage(s) was executed as annexed hereto in "Schedule D," acknowledged and delivered to the stated Lender/Moftgagee, its successors and assigns" wherein the named mortgagor or mofigagors bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more pafticularly described therein (hereinafter, the "Mortgaged Premises") under certain conditions with rights, duties and privileges between the parties as described therein. SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached in Schedule "D". As such, Plaintiffis current beneficiary of the Mortgage securing the Note, the originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subjecl Moltgage and Note pllrsuant to law. EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Office at the place and time that appears therein. NINTH: Tliat Plaintiff has conrplied with all applicable provisions of the Laws 2020 ch. 6 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 381, Chapter 73 of the Laws of 2021, Real Property Actions and Proceedings Law and Banking Law. including but not limited to Banking Law $595-a,6-1,6-m, and 9-x, and RPAPL S 1304 and 1306, where applicable and where the following information applies: (1) The 90-day notice is not required under $1304 because: the borrower is a corporation. (2) Cornpliance w'ith Banking Law 9-x is not required because (l) the mortgage being foreclosed herein does not meet the definition of "home loan" under RPAPL $ 1304, as required by Banking Law $ 9-x(b)(i). Banking law $ 9-x does not apply because (a) the bonower is not a natural person; and/or (b) the mortgage debt was not incurred primarily for personal, family or household pulposes. but rather, is a commercial loan; and/or (c) the property is not occupied by the borrow'er as his/her principal dwelling; and/or (2) the mortgagor failed to demonstrate financial hardship as a result of COVID- I 9 during the covered period (Banking Law 9-x(b)(ii)); and/or (3) Plaintiff is not a "regulated institution" as defined under the law. Banking Law 9-x(c). TENTH: That the defendant(s), have failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments, water rates. insurance premiums, escrow and/or other charges, all as more fully described in "Schedule E". ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the morlgage(s) as more than thirty (30) days have elapsed since the date of default. TWELFTH: That "Schedule E" sets forth the principal balance due and default date and rate at which interest accrued from the defendant(s) default. THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in "Schedule E", or ma_v be compelled to pay during the pendency of this action, local taxes, assess- 7 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 ments, water rates. insurance prerniums and otl-rel charges assessed to the Mortgaged Premises, and hereby reqlrests that any sums paid by it for said purposes, with interest thereon, be added to the sum otherwise due. be deemed secured by the mortgage(s) and be adjudged a valid lien on the Mortgaged Prenrises. FOURTEENTH: That the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any. accrued subsequent to the lien of the plaintiffs mortgage(s). FIFTEENTH: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mofigage and note; and there have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) and no such proceedings are currently pending, or are in the process of being discontinued without prejudice. SIXTEENTH: That Schedules "A", "8", "C", "D", and "E", be incorporated and made part of the Cornplaint with the same force and effect as if they were completely and fully set forth wherever reference is made to them herein. SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed its election herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys fees if provided for in the bond(s), note(s) or nrortgage(s). and that the def-endants, and any persons claiming by, through or under them subsequent to the colrlnencernent of this action, and every other person or corporation whose 8 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 right, title, conveyance or encurlbrance of the Mortgaged Premises is subsequent or recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Pt'emises, or pat't theleof. be decreed to be sold according to law as may be necessary to raise the amounts due for principal, interest. costs, allowances and disbursements, together with any monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s) out of the proceeds frorn the sale thereof, with interest thereon from the respective dates of payment thereof, costs and expenses of this action and reasonable attorneys' fees, if provided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged Premises with the usual powers and duties associated therewith; that the defendants whom executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to pay any remaining deficiency; and such other or further relief as may be just and equitable. The plaintiff hereby reserves its right to share in surplus monies from the sale by virtue of its position as a judgment or other lien creditor, excl the mortgage(s) foreclosed herein. DATED: March fu,z0z+ t? Broy FEIN, SU CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (5 85)232-7 400 SPSCO69 9 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SCHEDULE ''A '' - DIIFE,NDANTS DEFENDANTS CAPACITY JADB SUNSHINB LLC, A LIMITED Prior Owner artd original obligor under the Bond LIABILITY COMPANY secured by the Mortgage recorded in CRFN: I 0l 8 3 8th Street, Brooklyn, NY I 1 21 9 2021000311756, in the Office of the City Register of tlre City of New York ort Septenrber 20,2021. Said Mortgage was tlren assigned to PLAINTIFF by virtue of an Assignrnettt of Mortgage recorded on March 11 ,2024 in the Office of the City Register of the City of New York in CRFN: 2024000061292. TINA HOWE A/ISA TINA Y. HOWE Record Owner 1018 38th Street, Brooklyn, NY 11219 HUIPING DONG Possible Subordinate Lienor by virtue of Judgment 931 5 Lenrorr Mint Court, Fairfax, Y A 22031 irr the anrount of $828,142.54 against Tina Yu Howe, 812 60th Street, 6th Floor, Brooklyn, NY 11220, recorded on July 28,2022 in Index Nurnber 6s1906-19. .IOHN DOE and JANE DOE Said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein. 10 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 ULE "B' NEW YORK CITY ENVIRONMBNTAL Possible Subordinate Lienor by virlue of New York CONTROL BOARD City Environmental Control Board Lien in the arrount of $300.00 against Tina Y. Howe, 1018 38th Street, Brooklyn, NY 11219, docketed 0512023 under Violation Number 041593302P. Possible Subordinate Lienor by virlue of New York City Environmental Control Board Lien in the amount of $300.00 against Jade Sunshine LLC, I 01 8 3 8th Street, Brooklyn, NY 1 121 9, docketed 1 1 12021 urrder Violation Number 046932348H. Possible Subordinate Lienor by virtue ofNew York City Environmental Control Board Lien in the amount of $300.00 against Jade Sunshine LLC, I 01 8 3 Sth Street, Brooklyn, NY 1 121 9, docketed 1212021 under Violation Number 047199724J. 11 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SCHEDULE IICII 12 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 FIXED/ADJUSTABLE RATE NOTE (3O-day Average SOFR lndex (As Published by the Federal Reserve Bank of NewYork) - Bate Caps) THIS NOTE CONTAINS PBOVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND MAXIMUM RATES I MUST PAY. August 1 B, 2021 Lake Forest, California IDatel lCity] IState] 1018 3BTH STREET, Brooklyn, NY 11219 lProperty Addressl 1, BORROWEB'S PROMISETO PAY ln return for a loan in tlre amounl ol U.S. $842,625.00 (the "Principal") thal I have received lrom Hometown Equity Mortgage, LLC dba theLender, a Limited Liability Corporation (lhe "Lende/'), I promise lo pay the Principal, plus inleresl, lo lhe order of lhe Lender, I will make all paymenls under this Note in the torm of cash, check or money order in U.S. currency. I understand that lhe l-ender may lransfer this Nole. The Lender or anyone who takes lhis Note by transfer and who is entilled lo receive paymenls under this Nole is called lhe "Nole Holder." 2. INTEREST lnteresl will be charged on unpaid Principal until lhe lull amount ol the Principal has been paid. I will pay interest al a yearly rale of 4.990 %. The inlerest rate I will pay will change in accordance wilh Seclion 4 of this Note. The inlerest rate required by lhis Section 2 and Seclion 4 ot this Nole is the rate I will pay both before and after any delault described in Section 7(B) ol lhis Nole. 3. PAYMENTS (A) Time and Place ot Paymenls I will pay principal and interest by making a payment every month.-l-his amount is called my "Monthly Payment." lwill makemyMonthlyPaymentonthe 1st dayofeacl.rmonlhbeginningon October1,202'|.. lwill make these payments every month unlil I have paid all of the Principal and interest and any othercharges described below that I may owe under this Note. Each Monthly Payment will be applied as of its scheduled due dale and will be applied lointerestbelorelhePrincipal. lf,on September1,2O51, lstill oweamountsunderlhisNote, lwill paylhoseamounls on that date, which is called lhe "Maturity Datel' I will make my Monlhly Paymenls al 25531 Commercentre Drive #250 Lake Forest, CA 92030 or al a ditferent place if required by thc Nole Holder. (B) Amount of My lnitial Monlhly Paymenls Each ol my initial Monthly Payments will be in the amounl of U.S. $4,518,24. This amount may change.This payment amount does nol inclLrde any property laxes, insurance, or olher charges lhat I may be required to pay each month. (C) Monthly Paymenl Changes Changes in my Monthly Paymenl will rellect clranges in lhe unpaid Principal of my loan and in the interest tate that I must pay. The Note Holder will delermine my new inleresl rate arrd lhe changed amount of my Monthly Paymenl in accordance wilh Section 4 ol lhis Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates Theinitial lixedinteresl ratelv/ill paywill changetoanadjuslableinlereslraleonthe 1st dayof September'2028 andlheadjustableinterestralelwill paymaychangeonlhe 1st dayofthemonlhevery 6th monththereafter.Each date on which my adjuslable interesl rale could change is called a "Change Dale." (B) The lndex Beginning wilh lhe tirst Change Dale, my interesl rate will be based on an Index lhal is calculaled and provided lo lhe general public by an adminislralor (lhe'Administraloi'). I-he'lndex" is a benchmark, known as the 30-day Average SOFR index.The lndex is currently put)lished by the Federal Reserve Bank of NewYork.The mosl recent lndex value available as of the dale 45 days before each Change Dale is called lhe "Currenl lndex," provided lhat if the Currenl lndex is less lhan zero, lhen lhe Currenl lndex will be deemed lo be zero tor purposes of calculating my interest rale. lf lhe lndex is no longer available, il will be replaced in accordance with Seclion 4(G) below. (C) Calculation of Changes Before each Change Date, lhe Nole Holder will calculale my new interesl rate by adding FOUR AND ONE-HALF percentage poinls ( 4.500 % )(lhe"Margin') to the Current lndex.The Margin may change if lhe lndex is replaced by the Nole Holrler irr accordance wilh Seclion 4(GX2) below.The Note Flolderwill then round lhe resull of the Marqin plus lhc Currenl lndcx to thc nearest one-eighlh of one percentage poinl (0.125%). Sribiect to lhe limits slated in Section 4(D) belolv, this rounderJ amounl will be my new interesl rale until lhe nexl Change Date. MULTISTATE FIXEDiADJUSTABLE RATE NOTE - 30'day Avcrage SOFR- Slrglc Fanrily Fannle Mae / Freddic Mac Unilorrn lnslrument Form 3442 04/20 Ellie Mae. lnc- Page .l ol 4 F3442NOT 0420 F3442NOT (Ct.S) oBl t\lzo2l09:23 AM PST 13 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 The Nole Holder will then delerminc lhe amounl'ol lhe Mohlhly Payment lhat would be repay Principal lltat I am expecled lo owe al lhe Charrge Dale on lhe lvlaturily Dale at my new inlerest rale in subslanlially equal paynenls. The resull of lhis calculation will be the ncw amounl of my Monlhly Payment. (D) Lilnits on lnlerest Rate Changes The inleresl rate I am required lo pay al lhe lirst Change Date will not be grealer lhan 6,990 % or less than 4.990 %. Thereafler, nly inlerest rale will never be increased or decreaserJ on any single Change Date by more than ONE percenlage points ( '1.000 % ) from lhe rale of inlerest I have been paying tor lhe preceding 6 months. My interest rate will never be greater lhan 9.990 % or less than 4.990 %, (E) Eflective Date of Changes My new inleresl rale will become eflective on eacl] Change Dale. I will pay llre amounl of my new Monthly Payrnent beginning on the first Monlhly Paymenl date after lhe Change Date until the amounl of my Monlhly Payment changes again. (F) Nolice of Changes The Note Holder will deliver or mail lo me a nolice ol any changes in my initial fixed inleresl rate to an ad.iustable inleresl rate and of any changes in my adjustable interesl rate before lhe eflective date of any change. The nolice will include lhe amount of nty Monthly Pzlyrnent, any inlormalion required by law to be given to me and also lhe title and lelephone number ot a pcrson who will answer any question I may have regarding the notice. (G) Replacenrent lndex and Beplacernent Margin The lndex is deemed lo be no longer available and will be re place d if any of the tollowing evenls (each, a "Beplacement Event") occur: (i) the Administralor has permanenlly or indefinitely stopped providing the lndex to llre general public; or (il) lhe Adminislrator or its regulalor issues an ollicial public slatement that the lndex is no longer reliable or representalive. lf a Replacemenl Evenl occurs, the Nole llolder will select a new index (the "Replacemenl lndex") and may also select a new margin (lhe "Beplacemenl Margin"), as follows: (1) l{ a replacement index has been selecled or recommended for use in consumer producls, including residenlial adjustable-rale morlgaqes, by the Board of Governors of lhe Federal Reserve System, the Federal Beserve Bank of NewYork, or a commitlee endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank ol NewYork at the lime of a Beplacement Evenl, lhe Nole Holder will selecl thal index as the Replacement lndcx. (2) lf a replacement index has not been selecled or recommended for use in consumer producls under Section (G)(1) at the lime of a Replacement Event, lhe Note Holder will make a reasonable, good tailh erforl lo select a Fleplace- menl lndex and a Replacemenl Margin lhal, when adcled logether, the Nole Holder reasonably expects will tninifftize any change in the cost of lhe loan, taking into account the historical performance of the lndex and lhe Replacement lndex. Tlre Replacemenl lndex and Fleplacenrenl Margin, i{ any, will be operative immediately upon a Fleplacement Evenl and will be used to delermine my interest rale and Monthly Paymenls on Change Dales that arc more lhan 45 days afler a Feplacement Evenl.-Ihe lndex and Margin could be replaced more lhan once during the lerm of my Nole, bul only if another Replacemenl F-venl occurs. Aller a Replacemenl Event, all relerences to the "lndex" and "Margin" will be deemed lo be references lo lhe "Replacemenl lndex" and "Replacemenl Margin." The Nole Holder will also give me nolice of my Replacement Index and Replacement Margin, if any, and such other information required by applicable law and regulalion. 5. BORBOWER'S RIGHTTO PREPAY I have lhe right to nrake paymenls of principal al any lime belore they are due. A payment of principal only is known as a "Prepaymenl."When I make a Prcpaymcnt, lwill nolify the Nole Holder in wriling that I am doing so. I may not designate a payment as a Prepayment if I lrave not made all the Monlhly Payments then due under this Note. lmay make a full Prepaymenl or partial Prepayments without paying a Prepayment charge.The Note Holderwill use my Prepaymenls lo reduce lhe amounl of Principal lhat I owe under lhis Nole. However, the Note Holder may apply my Prepayment lo lhe accrued and unpaid inlerest on lhe Prepayment amount, before applying my Prepaymenl to reduce lhe Principal amount of the Nole. lf I make a parlial Prepaymenl, lhere will be no changes in the due date of my Monthly Paymenl unless llte Note Holder agrees in writing to those changes. My partial Prepaymenl may reduce the amount o{ my Monlhly Paymcnts aflcr thc lirsl Changc Datc lollowing nry partial Prepayment, However, any reduction due to my partial Prepayment may be oflset by an inlerest rale increase. PLEASE REFER TO THE ATTACHED PREPAYMENT ADDENDUM WHICH AMENDS AND MODIFIES THE TERMS HEREOF AND IS HEREBY INCORPORATED BYTHIS REFERENCE. 6, LOAN CHAHGES ll appllcable law sels maximum loan charges. and thal law is f inally inlerpreled so thal lhe inierest or olher loan charges collected or to be collecled in conneclion wilh the loan exceed lhe permitted limits, then: (a) any such loan charge will be reduced by the amount necessary lo reduce the charge lo the permitled limit; and (b) any sums already collecled from me lhat exceeded permilted linrits will be relunded to me.The Note Holder may choose to make this relund by reducing lhe Principal I owe under lhis Nole or by making a direct payment lo me, lt a refund reduces Principal, lhe reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REOUIBED (A) Late Charges for Overdue Payments lftheNoteHolderhasnolreceivedlhefull anrountolanylvlonlhlyPaymenlbylheendof 15 calendardays afterlhedateitiscJue, lwill payalalechargelolheNole Holder.Theamounl oflhechargewill be 5.000% ofmy overdue Monlhly Paymenl. I will pay this lalc chargc promptly but only once on each lale payment. (B) Default lf I do not pay lhe lull amounl of each Monlhly Paymenl on the dale il is due, I will be in defaull. (C) Notice of Delault l, I am in delault, lhe Nole l'lolcJer m;ry send nre a wnllen notice lelling me lhal if I do nol pay lhe overdue antount by a cerlain dale, the Nole Holdcr rrray requirc' nro lo pziy inrmediately the lull amounl ol unpaid Principal and all lhe MULTISTATE FIXED/ADJUSTABLE RATE NOTE - 30-day nvcrage SOFR - Single Family Fannie Mae / Freddle Mac Unilorrn lnslrumenl Foiln 3442 04/20 Ellie Mae, lnc. Paqe 2 of 4 F3442NOT 0420 F34,r2NOT ( cLS) 0B/18/2021 09:23 A[4 PST 14 of 56 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 inlerest lhat I owe on lhal amounl and olher chargeb ciue uncier lhis Nole (the "Default Bala least 30 days aller the dalc on which lhe nolice is mailed to me or delivereci by olher means. (D) No Waiver 8y Note Holder lf I am in default and the Nole Holder does nol require me lo pay lhe Defaull Balance immediately as described above, lhe Note Holder will still have lhe right to do so if I continue to be in default oI if I am in defaull al a laler lime. (E) Paymenl of Note Holder's Costs and Expenses lf the Nole l-lolder has required me lo pay lhe Dcfault Balance immediately as described above, lhe Nole Holderwill have lhe righl 1o be paid back by me for all of ils costs and expenses in enforcing this Note to the extenl nol prohibiled by applicable law Those expenses include, for example, reasonable attorneys'fees and costs. B. GIVING OF NOTICES (A) Notice to Borrower Unless applicable law requires a dilferent melhod, any notice thal must be given to me under lhis Note will be given by delivering il or by mailing it by firsl class mail lo me at the PropertyAddress above or at a different address if lgive lhe Note Holder a nolice of my ditlerent address. I will promptly notily the Note Holder of any change to my physical address and ol any change to my mailing address. Unless applicable law requires olherwise, notice may instead be senl by e-mail or other eleclronic communicalion il agreed to by me and the Note Holder in wriling and if I have provided lhe Nole Holder with my current e-mail address or other eleclronic address. lf I have agreed wilh lhe Note Holder thal notice may be given by e-mail or olher eleclronic communicalion, I will prornptly notify the Nole Holder o, any changes to my e-mail address or olher electronic address. (B) Notice lo Note Holder Any notice thal Borrower must give to lhe Nole Holder under this Note will be delivered by first class mail lo the Note Holder at the address staled in Section 3(A) above or at a diflerenl addless if I am given a notice of that ditferenl address. 9. OBLIGATIONS OF PEBSONS UNDEB THIS NOTE lf more lhan one person signs tlris Nole, each person is fully and personally obligated to keep all of the promises made in this Note, including lhe promise to pay lhe full amounl owed.Any person who is a guaranlor, sulety or endorser of this Note is also obligated to do these things. Any person who lakes over these obligations, including the obligations of a guaranlor, surely or endorser of lhis Note, is also obligaled to keep all of the promises made in this Nole.The Note Holder may enforce ils rights under lhis Nole againsl each person individually or againsl all of us togelher.This means that any one ol us may be required to pay all ol the amounts owed under this Note. 10. WAIVERS I and any olher person who has obligations under this Note walve the righls of Plesentment and Nolice of Dishonor. "Presenlmenl" means llre righl lo require lhe Nole Holder to demand paymenl ol amounts due. "Notice of Dishonor' means lhe right lo require the Nole Holder lo give notice to other persons that amounts due have nol been paid. .I1. UNIFOFM SECURED NOTE This Note is a unilorm instrument with limited variations in some jurisdictions. ln addition to the proteclions given lo the Note Holder under this Nole, a Morlgage, Mortgage Deed, Deed of Trusl, or Security Deed, as amended by the Fixed/Adiustable Rate Hider (lhe "Securily lnstrument"), dated the same date as lhis Note, prolecls the Note Holder trom possible losses that might resull it I do not keep lhe promises thal I make in lhis Note. That Securily lnsUument also describes how and under what condilions I may be required to make immediate payment of all amounts I owe under this Nole. Some ol those condilions are described as follows: (A) Until my inilial fixed inleresl rale changes lo an adjustable interest rate under the terms stated in Section 4 above, Seclion 18 of lhe Security lnslrumenl will read as follows: Transler ol the Property or a Beneficial lnlerest in Borrower. As used in this Section lB, "lnlerest in the Property" means any legal or beneficial inleresl in the Property, including, bul not limiled lo, those beneficial inlerests translerred in a bond lor deed, conlracl for deed, installment sales conttact or escrow agreemenl, lhe inlenl ol which is lhe lransler of lille by Borrower at a fulure date to a purchaser. lf all or any part ol lhe Prope rty or any lnleresl in the Property is sold or transferred (or if Borrower is nol a natural person and a beneficial inleresl in Borrower is sold or transferred) without Lender's prior written consent, Lender may require inrnrediale payment in full of all sunrs secured by this Securily lnslrumenl. However, lhis option shall not be exerciscd by Lendcr if such exercise is prohibiled by Applicable Law. lf l-ender exercises this option, Lender shall give Borrower nolice of acceleration.The notice shall provide a period of nol less than 30 days from lhe date lhe nolice is given in accordance with Section '15 within which Borrower mrrsl pay all sums secLrrer.l by lhis Securily lnslrument. ll Borrower fails to pay these sums prior to lhe expiration of lhis period, Lender may invoke any remedies permitled by this Securily lnstrument wilhout turther notice or demand on Borrovrer. (B) When my initial fixed interesl rale changes to an adjustable interest rate under lhe terms slaled in Section 4 above. Section 1B ol llre Securily lnslrumenl described in Seclion 11(A) above will then cease to be in effect, and Section 1B ol the Securily lnslrument will inslead read as follows: Transfer ol the Property or a Beneficial lnterest in Borrower. As used in lhis Section 18, "lnleresl in lhe Properly" means any legal or beneficial inleresl in lhe PropeIly, including, but not limited to, those beneficial inleresls translerred in a bond lor deed, conlracl for deed, installmenl sales conlract or escrow agreemenl, lhe intenl of which is the transfer of litle by Borrovrer at a future date to a purchaser. ll all or any parl of the Properly or any lnleresl in lhe Property is sold or lransterred (or if Borrower is nol a nalural persor) and a berrelicial inleresl in Borrower is sold or translerred) wilhoul Lender's prior wrilten consent, Lender may require immediale paymcnt in lull of all sums secured by lhis Securily lnslrumenl. However, lhis option slrall not be exercised by Lender il such exercise is prohibiled by Applicable Law. Lender also slrall not exercisc lhis oplion if: (a) Borrower causes Io be submitled to Lender inlormation required by Lende r to evaluate t\4ULTISTATE FIXED/ADJUSTABLE RATE NOTE ' 30-day Average SOFR - Single Family Fannie Mae / Freddie Mac Unilorm lnslrumerl Fotm 3442 04120 Ellie Mae. lnc. Page 3 of 4 F3442NOT 0420