Preview
FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------x INDEX NO:
THE BANK OF NEW YORK MELLON F/K/A THE D/O/F:
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE CWABS, INC., CERTIFICATE OF MERIT
ASSET-BACKED CERTIFICATES, SERIES 2005-17,
AFFIRMATION PURSUANT
TO CPLR 3012-b
Plaintiff,
-against-
KATHERINE MICHITSCH A/K/A KATHERINE
MAY MICHITSCH, CLERK OF THE SUFFOLK
COUNTY DISTRICT COURT, CLERK OF THE
SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY;
DOES"
"JOHN and "JANE DOES", said names being
fictitious, parties intended being possible tenants or
occupants of premises, and corporations, other entities or
persons who claim, or may claim, a lien against the
premises,
Defendant(s).
__________________________________________Ç
Andrew Goldberg, Esq. pursuant to CPLR §2106 and under the penalties of perjury,
affirms as follows:
1. I am an attorney at law duly licensed to practice in the state of New York and am
affiliated with MARGOLIN, WEINREB & NIERER, LLP, the attorneys of record for
Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware
of the underlying action, as well as the proceedings had herein.
2. On April 17, 2024, I communicated with the following representative or
representatives of Plaintiff, who informed me that he (a) personally reviewed plaintiff's
documents and records relating to this case for factual accuracy; and (b) confirmed the
factual accuracy of the allegations set forth in the Complaint and any supporting
affidavits or affirmations filed with the Court, as well as the accuracy of the
notarizations contained in the supporting documents filed therewith.
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Name: Peter Borowczyk Title: Foreclosure Specialist for Select Portfolio Servicing,
Inc., as attorney-in-fact THE BANK OF NEW YORK
MELLON F/K/A THE BANK OF NEW YORK AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF
THE CWABS, INC., ASSET-BACKED CERTIFICATES,
SERIES 2005-17
3. Based upon my communication with Peter Borowczyk, as well as upon my own
inspection, review and other reasonable inquiry under the circumstances, including, but
not limited to the review of the facts of the case as well as of the underlying note,
mortgage and assignments, if any, modification(s), if any and extension and
consolidations, if any, I affirm that, to the best of my knowledge, information, and
belief, there is a reasonable basis for the commencement of the within foreclosure
action and that the Plaintiff is currently the creditor entitled to enforce the rights of said
documents noted above. A copy of the note, mortgage and assignments, if any,
modification(s), if any and extension and consolidations, if any, are annexed hereto.
4. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Dated:
Syosset, NY
Andrew Óoldberg, Esq..
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Prepuged
LOAN #:
INTEREST ONLY FDGD RATE NOTE
CONSOLIDATSD NOTR: This Note amends and restates in their entirety,
and is given in substitution for, the Notes described in Exhibit A of the New 3rorlc
consolidation, Extension, and Modification Agreement dated the same date as this Note.
NOVEMBER22·, 2005 RONKONKOMA NEWYORK
[Daraj [city] (Statel
2817 OCERNAVE, RONICONIU2MA, NY 11779-5221
(Proputy
Aditass)
. 1. BORROWER'SPROMISBxQ PAY
Šnretumfor a loanthat Ihave teceived,•pt@niseto pay U.S.$ 243, 750. Do (this amountis called "Principal"),
plusinterest,to theorder.oftheLeader.Thelender is
COUNTRYNIDEHOMELOANS, INC. .
I will makeall paymentsunderthisNote in thefonn of cash,checkor moneyonfer.
I understand(hatthe Leadermay transfer161:Note. TheLeaderor anyonewho takesthis Note by transferand who is
entitledto receivepaymentsunderthisNote is calledthe "NoteHolder."
2. INTEREST
'Interestwill bechargedon unpaidprincipaluntil the full amountof Prinolpalhasbeenpald.I will pay interestat a yearly
rateof s .875 %.
Theinterestrato·required.by
this Section2 is the rateIwill pay bothbeforeandafter any defaultdescribedin Section6(B)
of this Note.
3. PAYMENTS
(A}Tùne and FInceof Payments
I will makea paymenteverymonth.This paymentwill be for interestonly for thofirst 60 months,andthen
will consistofprincipaland latetest.
Iwill makemy monthly paymentonthe FIRST dayofench1nonthbeginningon
JANUARY o1, 2006 -lwillmakdthese paymentseverymonthuntil I havepaid all of the Principaland interestand
any otherchargesdescribedbelow thatI may owo underthis Note.Eachmonthly paymentwill be appliedasof its scheduled
duedate,andifthe paymentincludesbothprincipalandinterestit will beappliedto interestbeforePrincipal.M on
DECEMBER01, 2035 ,1still owe amountsundertitis Note, I will pay thoseamountsin full 'on that date, which is
calledthe "Maturity Date? - .
I will makemy monthlypaymentsat
P.O. Box 660694, Dallas, 'rX 75266-0694
or ata differentplaceifrequired by theNoteHolder.
(B)AmouneofMonthlyPayments
My monthly paymentwill be in theamountofU.S. S 1,396.48 for the first 60 rnonthsofthis
Note, andthereafterwill be in theamountofU.S.S 1,703.39 . TheNoteHolder will notify meprior to thedateof
changeht momhly payment
4. BORROWER'S RIGHT TO PREPAY
I havetheright to makepaymentsof Principalat any time beforethey aredue.A prepaymentof all of theunpaidprincIpal
is knownasa *Full Prepayment."A prepaymentofonly partof theunpaidprincipal is knownasa "PartialPrepayment
Exceptasprovidedbelom 1 may makeaPull Prepaymentor aParlialPrepaymentwhhout payinganypenalty.If I inakoa
PartialPrepayonent equalto oneor moreof my monthlypayments,my dttedatemay be advancedno momthenonemonth.IfI
makeany otherPartialPrepayment,I muststill makeeachlaterpaymentasit becomesdueandin thesameamount I may make
I or aPatist Prepaymentat anytime.However,
I maypl sy thisNote in thil at any time withoutpenalty.
Ifwidila , efirst TWar,ve months aQarthe executionof the Note, I make any prepayment(s)within any
17snonth period, the total of which exceeds20 percent(20%) of the original principal amountof this foun, I will pay a
months'advanceintereston the amount which thetotal of
prepaymentpenallyIn anmmountequalto the paymentof six (6) by
my prepayment(s) within that 12-monthperiodexceeds20 pement(20Yo)ofthe original principalamountof theloan.
5. LOAN CHARGES
Ifn law, which appliesto this loanandwhich setsmaximumloan charges,is finally interpretedso thatthe interestor other
loanchargescollectedor to becollectedin conneotlanwith this loanexceedthepermittedIlmits, then:(a) anysuchIoancliarge
shall bereducedby-theamountnecessaryto reducethe chargeto.thepermittedJimit; and(b) any sumsaheadycollectedfrom
mewhich exceededpennittedlimits will be refimdedto me.TheNoteHolder may chooseto makethis refund by reducingthe
NEWYoBKMTERESToNLYFIXEDftATENOTE
MeaRatoHole
45o"lMarestCr.Iy
DSs¾Y cHL(Ca'0Md) Page1of3 .
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. ... . . . .
LOAN #
Principall oweunderthis Noteor by makinga directpaymentto me.If a refundreducesPrincipal, thereductionwill betreated
asaPartial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If thoNoteHolder hasnotrecolvedthefull amountof anymonthlypaymentby theendof FIFTEEN calendar
daysofterthe dateit is due,I will pay a late chargeto theNote Holder.The amountof the chargewill be 2. 000 % of my
overduepaymentof interest,during theperiodwhen my paymentis interestonly, andof principal andinterestthereafter.I will
pay this latechargepromptly but only onceon eachIntepayment
(I% Default
"
If doact pay thefull amountofeach monthly paymenton thedateit is due,I will bein default
(C) Notice 3>Default
IfI am in .default,theNoteHolder may sendme a written notice telling me that if I do not pay the overdueamountby a .
certain date,theNote Holder may requireme to pay Immediatelythe full amountofPrincipal which basnot beenpaid andall
the interestthat I owe on that amount.That datemustbe at least30 daysafterthe dateon which the noticeis mal[ed,tomeor
deliveredby othermeans.
(D) No Walver By Note Holder
Even 4 at a timewhenI amin default,theNote Holderdoesnot requiremeto pay ImmediatelyIn full asdescribedabove,
theNote Holderwfll still,havetheright to do so if I amin defaultat a latertime.
(B) Pa3Gaeat of Note Holder's Costsand Expenses
Ifthe NoteHolder hasrequiredmeto pay immediatelyIn full asdescribedabove,theNote Holderwill havethe right to be
paid back by me for all of its costsgindexpensesin enforcingthis Noto to the extentnot prohibitedby applicablelaw. Those
expensesinclude,for example,reasonableattorneys'fees.
7. GIVING OF NOTICES
Unlessapplicable(awrequiresa different method,any noticethat mustbe givento me underthis Note will begiven by
delivning it tr by mailing it by first olassmail to me at the PropertyAddressaboveor at a differentaddressif I give theNote
Rolder a nodceof my different address.
Any notice inst mustbe given to the Note Holder underthisNote will be given by delivering It or by mailing It by first
olassmall to theNote Holder at the addressstatedin Section3(A) aboveor at a differentaddressIf I am given anotice of that
differentaddiess.
8, OBLIGATIONS OF PERSONSUNDER THIS NOTE
If morethanone personsigns tlus Note, eachpersonis fully and personallyobligatedto keepall of thepromisesmadein
this Note. Includingthe promiseto pay the full amountowed.Any personwho is a guarantor,suretyor endorserof this Note is
also onligatedto do thesethings.Any personwho takesover theseobligations,includingthe obligationsof a guarantor,surety
or endorserofthis Note, is alsoobligatedto keepall of thepmmisesmadein thisNote.TheNote Holder may enforce.Itsrights
under-.bisNote againsteachpersonindividually or againstall of ustogether.This meansthat any oneof us may be aquhed to
pay all of theamountsowedunderthisNote.
9, WrdVERS
I ana any other personwho bus obligationsunder this Note waive the rights of Presentmentand Notice of Dishonor.
"Preseatuem meansthe right to requiretheNote Holder to demandpaymentof amountsdue.''Noticeof Dishonor" nicansthe
right lo requireino NoteHolderto give noticeto otherpersonsthatamountsduehavenotbeenpaid.
10.APPLICABLE LAW
I agreethatthis agreementis to begovernedby federallaw and, to theextentnot preemptedby federallaw, by the lawsof
the statewhere the real property is located.If a law, which appliesto this loan andsets maximum Ioan chargesis finally
interpretedso that the Interestandotherchargescollectedor to be collectedin connectionwith this loanexceedthe permitted
limits, then (a) sny suchlaterestor otherohargeshall bereducedby the amountnecessaryto reducethe interestor othercharge
to theperminedlimit; and (b) any sumsalreadycollectedfmm me which exceedpermittedlimits will be refundedto me.The
Note Holder may chooseto makethis refundby reducingthePrincipalI oweunderthisNote or by making a directpayment-to
me.If a refimf reducesPrincipal; thdreductionwili betreatedasaPartial Prepayment,but In no eventwill aprepayinentcharge
beassessed if rhoNoteHolderchoosesto reducemy Principalbalanceby applyingsuchexcessamounts.
IL SECUREDNOTE
In additionto the protectionsgiven to theNote Holder underthis Note, a Mortgage,Deedof Lust, or SecurityDeed(the
"Semrty Incrn ment"), datedthesamedateasthisNote, protectstheNoteHolderfrom possiblelosseswhichmightresult ifI do
rot km tim pmmiseswhich I makein this Note. That SecurityInstrumentdescribeshow andunderwhat conditionsI may be
requiredto makeimmediatepayment in full of all amountsI owe underthis Note. Someof thoseconditionsare describedas
fellowr::
Lendermay requireimmediatepaymentin full of all SumsSecuredby 1b1sSecurityInstrumentIf all or any part
of the )hoperty, or if ahy right in the Pmperty, is sold or transferredwithout Lender'sprior written permission.If
Borrowet is not a naturalpersonand a beneficialinterestin Bonower is sold or transferredwithout Leader'sprior
wntten permission,Lenderalso may requireimmediatepaymentin full However,this optionshall not be exercised
by Lerus If suchexerciseIsprohibitedby ApplicableLaw.
ff LonderrequiresImmediatepaymentin full underthis Section 18, Lenderwill give ine a noticewhich states
tus requiromont,The notice wilt give me at least30 daysto makethe requiredpayment.The 30-day period wf11
.
.
e 9" ctm *Wal Me No:a hMat
ESMNY C..LgYAo3) Page
2of3
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. " 9
LOAN #:
begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument.If 1 do
not makethe required payment during that period, Lender may act to enforceits rights underthis Security Instrument
without giving me any further notice or demandfor payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
THERINE MICHIT CH -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
r
-Borrowe
[Sign Original Only]
" BC- interest
OnlyFhedRateNots
2D965-NYCHL(00/03) Page3ofS
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" °"Zi"
ADJUSTABLE RATE NOTE
SS (LIBOR Index - Rate MIN:
Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY
INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE
AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE I MUST PAY.
August6, 2004 SMITHTOWN , New York
[]?ate] [City] [State]
2817 OCEAN AVENUE
RONKONKOMA, NY 11779
[Property Address]
1. BORROWER'S PROMISE TO PAY
for a loan that I have received, I promise to pay U.S. $
In return 205 , 000 . 00 (this amount is
called "Principal"), plus interest, to the order ofthe Lender. The Lender is WMC MORTGAGE CORP.
.
I will make all payments
under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
Holder."
who is entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest
at a yearly rate of 6. 990 %. The interest rate I will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment
every month.
I will make my monthly payments on the day of each month beginning on October,
1st 2004 .
I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal. If, on september 1, 2034 , I still owe amounts
Date."
under this Note, I will pay those amounts in full on that date, which is called the "Maturity
I will make my monthly payments at 6501 IRVINE CENTER DRIVE MS # DCNLA,
IRVINE , CA 92618 or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1, 362 . 49 . This amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of September, 2006 , and on that day
Date."
every 6th month thereafter. Each date on which my interest rate could change is called a "Change
(B) The Index
"Index"
Beginning with the first Change Date, my interest rate will be based on an Index. The is the average of
interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal. The most recent Index figure available as of the first business day of the
Index."
month immediately preceding the month in which the Change Date occurs is called the "Current
MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)--Single Family
DOCUBEat (page l of4 pages)
MICDEEGl.VTX07/31/2003
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If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Five and Three-Fourths percentage points ( S. 750 %) to the
Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one
percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new
interest rate until the next Change Date.
The Note will then determine the amount of the monthly
Holder payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate
in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 8 . 4 90 %
or less than 6. 990 %. Thereafter, my interest rate will never be increased or decreased on any single Change
Date by more than 1. 00 O % from the rate of interest I have been paying for the preceding 6
months. My interest rate will never be greater than 13. 490 %, or less than 6.990 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be
given to me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder
will use all of my prepayment to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in
writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first
Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset
by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges fo r Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
2 . 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30days after the date on
which the notice is mailed to me or delivered by other means.
MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)-Single Family
(page 2 of 4 pages)
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'
(D) No Waiver by Note Holder
Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so ifI am in default at a later time.
Holder' s
(E) Payment of Note Costs and Expenses
If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
attorneys'
law. Those expenses include, for example, reasonable fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it
by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
10. WA1VERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
"Presentment"
Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice
Dishonor"
of means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial
interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not
be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise
this option if: (a) Barrower causes to be submitted to Lender information required by Lender to evaluate the
intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably
determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach
of any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under
the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice
of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given
in accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)--Single Family
Doge 3of4pages)
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WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSI .
- Bor2dwe - KATHERINE MICHITSCH - Date -
ORDER OF
THE
PAY TO
RECOURSE
WITHOUT ORR
MORTGAGE
WMC
SECRETARY
ASST.
MKHITARIAN
X
ANAIDA
Preview
FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------x INDEX NO: THE BANK OF NEW YORK MELLON F/K/A THE D/O/F: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., CERTIFICATE OF MERIT ASSET-BACKED CERTIFICATES, SERIES 2005-17, AFFIRMATION PURSUANT TO CPLR 3012-b Plaintiff, -against- KATHERINE MICHITSCH A/K/A KATHERINE MAY MICHITSCH, CLERK OF THE SUFFOLK COUNTY DISTRICT COURT, CLERK OF THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY; DOES" "JOHN and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendant(s). __________________________________________Ç Andrew Goldberg, Esq. pursuant to CPLR §2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with MARGOLIN, WEINREB & NIERER, LLP, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein. 2. On April 17, 2024, I communicated with the following representative or representatives of Plaintiff, who informed me that he (a) personally reviewed plaintiff's documents and records relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith. 1 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 Name: Peter Borowczyk Title: Foreclosure Specialist for Select Portfolio Servicing, Inc., as attorney-in-fact THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-17 3. Based upon my communication with Peter Borowczyk, as well as upon my own inspection, review and other reasonable inquiry under the circumstances, including, but not limited to the review of the facts of the case as well as of the underlying note, mortgage and assignments, if any, modification(s), if any and extension and consolidations, if any, I affirm that, to the best of my knowledge, information, and belief, there is a reasonable basis for the commencement of the within foreclosure action and that the Plaintiff is currently the creditor entitled to enforce the rights of said documents noted above. A copy of the note, mortgage and assignments, if any, modification(s), if any and extension and consolidations, if any, are annexed hereto. 4. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: Syosset, NY Andrew Óoldberg, Esq.. 2 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 Prepuged LOAN #: INTEREST ONLY FDGD RATE NOTE CONSOLIDATSD NOTR: This Note amends and restates in their entirety, and is given in substitution for, the Notes described in Exhibit A of the New 3rorlc consolidation, Extension, and Modification Agreement dated the same date as this Note. NOVEMBER22·, 2005 RONKONKOMA NEWYORK [Daraj [city] (Statel 2817 OCERNAVE, RONICONIU2MA, NY 11779-5221 (Proputy Aditass) . 1. BORROWER'SPROMISBxQ PAY Šnretumfor a loanthat Ihave teceived,•pt@niseto pay U.S.$ 243, 750. Do (this amountis called "Principal"), plusinterest,to theorder.oftheLeader.Thelender is COUNTRYNIDEHOMELOANS, INC. . I will makeall paymentsunderthisNote in thefonn of cash,checkor moneyonfer. I understand(hatthe Leadermay transfer161:Note. TheLeaderor anyonewho takesthis Note by transferand who is entitledto receivepaymentsunderthisNote is calledthe "NoteHolder." 2. INTEREST 'Interestwill bechargedon unpaidprincipaluntil the full amountof Prinolpalhasbeenpald.I will pay interestat a yearly rateof s .875 %. Theinterestrato·required.by this Section2 is the rateIwill pay bothbeforeandafter any defaultdescribedin Section6(B) of this Note. 3. PAYMENTS (A}Tùne and FInceof Payments I will makea paymenteverymonth.This paymentwill be for interestonly for thofirst 60 months,andthen will consistofprincipaland latetest. Iwill makemy monthly paymentonthe FIRST dayofench1nonthbeginningon JANUARY o1, 2006 -lwillmakdthese paymentseverymonthuntil I havepaid all of the Principaland interestand any otherchargesdescribedbelow thatI may owo underthis Note.Eachmonthly paymentwill be appliedasof its scheduled duedate,andifthe paymentincludesbothprincipalandinterestit will beappliedto interestbeforePrincipal.M on DECEMBER01, 2035 ,1still owe amountsundertitis Note, I will pay thoseamountsin full 'on that date, which is calledthe "Maturity Date? - . I will makemy monthlypaymentsat P.O. Box 660694, Dallas, 'rX 75266-0694 or ata differentplaceifrequired by theNoteHolder. (B)AmouneofMonthlyPayments My monthly paymentwill be in theamountofU.S. S 1,396.48 for the first 60 rnonthsofthis Note, andthereafterwill be in theamountofU.S.S 1,703.39 . TheNoteHolder will notify meprior to thedateof changeht momhly payment 4. BORROWER'S RIGHT TO PREPAY I havetheright to makepaymentsof Principalat any time beforethey aredue.A prepaymentof all of theunpaidprincIpal is knownasa *Full Prepayment."A prepaymentofonly partof theunpaidprincipal is knownasa "PartialPrepayment Exceptasprovidedbelom 1 may makeaPull Prepaymentor aParlialPrepaymentwhhout payinganypenalty.If I inakoa PartialPrepayonent equalto oneor moreof my monthlypayments,my dttedatemay be advancedno momthenonemonth.IfI makeany otherPartialPrepayment,I muststill makeeachlaterpaymentasit becomesdueandin thesameamount I may make I or aPatist Prepaymentat anytime.However, I maypl sy thisNote in thil at any time withoutpenalty. Ifwidila , efirst TWar,ve months aQarthe executionof the Note, I make any prepayment(s)within any 17snonth period, the total of which exceeds20 percent(20%) of the original principal amountof this foun, I will pay a months'advanceintereston the amount which thetotal of prepaymentpenallyIn anmmountequalto the paymentof six (6) by my prepayment(s) within that 12-monthperiodexceeds20 pement(20Yo)ofthe original principalamountof theloan. 5. LOAN CHARGES Ifn law, which appliesto this loanandwhich setsmaximumloan charges,is finally interpretedso thatthe interestor other loanchargescollectedor to becollectedin conneotlanwith this loanexceedthepermittedIlmits, then:(a) anysuchIoancliarge shall bereducedby-theamountnecessaryto reducethe chargeto.thepermittedJimit; and(b) any sumsaheadycollectedfrom mewhich exceededpennittedlimits will be refimdedto me.TheNoteHolder may chooseto makethis refund by reducingthe NEWYoBKMTERESToNLYFIXEDftATENOTE MeaRatoHole 45o"lMarestCr.Iy DSs¾Y cHL(Ca'0Md) Page1of3 . 3 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 . ... . . . . LOAN # Principall oweunderthis Noteor by makinga directpaymentto me.If a refundreducesPrincipal, thereductionwill betreated asaPartial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If thoNoteHolder hasnotrecolvedthefull amountof anymonthlypaymentby theendof FIFTEEN calendar daysofterthe dateit is due,I will pay a late chargeto theNote Holder.The amountof the chargewill be 2. 000 % of my overduepaymentof interest,during theperiodwhen my paymentis interestonly, andof principal andinterestthereafter.I will pay this latechargepromptly but only onceon eachIntepayment (I% Default " If doact pay thefull amountofeach monthly paymenton thedateit is due,I will bein default (C) Notice 3>Default IfI am in .default,theNoteHolder may sendme a written notice telling me that if I do not pay the overdueamountby a . certain date,theNote Holder may requireme to pay Immediatelythe full amountofPrincipal which basnot beenpaid andall the interestthat I owe on that amount.That datemustbe at least30 daysafterthe dateon which the noticeis mal[ed,tomeor deliveredby othermeans. (D) No Walver By Note Holder Even 4 at a timewhenI amin default,theNote Holderdoesnot requiremeto pay ImmediatelyIn full asdescribedabove, theNote Holderwfll still,havetheright to do so if I amin defaultat a latertime. (B) Pa3Gaeat of Note Holder's Costsand Expenses Ifthe NoteHolder hasrequiredmeto pay immediatelyIn full asdescribedabove,theNote Holderwill havethe right to be paid back by me for all of its costsgindexpensesin enforcingthis Noto to the extentnot prohibitedby applicablelaw. Those expensesinclude,for example,reasonableattorneys'fees. 7. GIVING OF NOTICES Unlessapplicable(awrequiresa different method,any noticethat mustbe givento me underthis Note will begiven by delivning it tr by mailing it by first olassmail to me at the PropertyAddressaboveor at a differentaddressif I give theNote Rolder a nodceof my different address. Any notice inst mustbe given to the Note Holder underthisNote will be given by delivering It or by mailing It by first olassmall to theNote Holder at the addressstatedin Section3(A) aboveor at a differentaddressIf I am given anotice of that differentaddiess. 8, OBLIGATIONS OF PERSONSUNDER THIS NOTE If morethanone personsigns tlus Note, eachpersonis fully and personallyobligatedto keepall of thepromisesmadein this Note. Includingthe promiseto pay the full amountowed.Any personwho is a guarantor,suretyor endorserof this Note is also onligatedto do thesethings.Any personwho takesover theseobligations,includingthe obligationsof a guarantor,surety or endorserofthis Note, is alsoobligatedto keepall of thepmmisesmadein thisNote.TheNote Holder may enforce.Itsrights under-.bisNote againsteachpersonindividually or againstall of ustogether.This meansthat any oneof us may be aquhed to pay all of theamountsowedunderthisNote. 9, WrdVERS I ana any other personwho bus obligationsunder this Note waive the rights of Presentmentand Notice of Dishonor. "Preseatuem meansthe right to requiretheNote Holder to demandpaymentof amountsdue.''Noticeof Dishonor" nicansthe right lo requireino NoteHolderto give noticeto otherpersonsthatamountsduehavenotbeenpaid. 10.APPLICABLE LAW I agreethatthis agreementis to begovernedby federallaw and, to theextentnot preemptedby federallaw, by the lawsof the statewhere the real property is located.If a law, which appliesto this loan andsets maximum Ioan chargesis finally interpretedso that the Interestandotherchargescollectedor to be collectedin connectionwith this loanexceedthe permitted limits, then (a) sny suchlaterestor otherohargeshall bereducedby the amountnecessaryto reducethe interestor othercharge to theperminedlimit; and (b) any sumsalreadycollectedfmm me which exceedpermittedlimits will be refundedto me.The Note Holder may chooseto makethis refundby reducingthePrincipalI oweunderthisNote or by making a directpayment-to me.If a refimf reducesPrincipal; thdreductionwili betreatedasaPartial Prepayment,but In no eventwill aprepayinentcharge beassessed if rhoNoteHolderchoosesto reducemy Principalbalanceby applyingsuchexcessamounts. IL SECUREDNOTE In additionto the protectionsgiven to theNote Holder underthis Note, a Mortgage,Deedof Lust, or SecurityDeed(the "Semrty Incrn ment"), datedthesamedateasthisNote, protectstheNoteHolderfrom possiblelosseswhichmightresult ifI do rot km tim pmmiseswhich I makein this Note. That SecurityInstrumentdescribeshow andunderwhat conditionsI may be requiredto makeimmediatepayment in full of all amountsI owe underthis Note. Someof thoseconditionsare describedas fellowr:: Lendermay requireimmediatepaymentin full of all SumsSecuredby 1b1sSecurityInstrumentIf all or any part of the )hoperty, or if ahy right in the Pmperty, is sold or transferredwithout Lender'sprior written permission.If Borrowet is not a naturalpersonand a beneficialinterestin Bonower is sold or transferredwithout Leader'sprior wntten permission,Lenderalso may requireimmediatepaymentin full However,this optionshall not be exercised by Lerus If suchexerciseIsprohibitedby ApplicableLaw. ff LonderrequiresImmediatepaymentin full underthis Section 18, Lenderwill give ine a noticewhich states tus requiromont,The notice wilt give me at least30 daysto makethe requiredpayment.The 30-day period wf11 . . e 9" ctm *Wal Me No:a hMat ESMNY C..LgYAo3) Page 2of3 4 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 . " 9 LOAN #: begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument.If 1 do not makethe required payment during that period, Lender may act to enforceits rights underthis Security Instrument without giving me any further notice or demandfor payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) THERINE MICHIT CH -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) r -Borrowe [Sign Original Only] " BC- interest OnlyFhedRateNots 2D965-NYCHL(00/03) Page3ofS 5 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 " °"Zi" ADJUSTABLE RATE NOTE SS (LIBOR Index - Rate MIN: Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. August6, 2004 SMITHTOWN , New York []?ate] [City] [State] 2817 OCEAN AVENUE RONKONKOMA, NY 11779 [Property Address] 1. BORROWER'S PROMISE TO PAY for a loan that I have received, I promise to pay U.S. $ In return 205 , 000 . 00 (this amount is called "Principal"), plus interest, to the order ofthe Lender. The Lender is WMC MORTGAGE CORP. . I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and Holder." who is entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6. 990 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the day of each month beginning on October, 1st 2004 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on september 1, 2034 , I still owe amounts Date." under this Note, I will pay those amounts in full on that date, which is called the "Maturity I will make my monthly payments at 6501 IRVINE CENTER DRIVE MS # DCNLA, IRVINE , CA 92618 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1, 362 . 49 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of September, 2006 , and on that day Date." every 6th month thereafter. Each date on which my interest rate could change is called a "Change (B) The Index "Index" Beginning with the first Change Date, my interest rate will be based on an Index. The is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the Index." month immediately preceding the month in which the Change Date occurs is called the "Current MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)--Single Family DOCUBEat (page l of4 pages) MICDEEGl.VTX07/31/2003 6 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and Three-Fourths percentage points ( S. 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note will then determine the amount of the monthly Holder payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8 . 4 90 % or less than 6. 990 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than 1. 00 O % from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13. 490 %, or less than 6.990 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayment to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges fo r Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30days after the date on which the notice is mailed to me or delivered by other means. MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)-Single Family (page 2 of 4 pages) F 2 VTX 08/22/2003 7 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 ' (D) No Waiver by Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so ifI am in default at a later time. Holder' s (E) Payment of Note Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable attorneys' law. Those expenses include, for example, reasonable fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WA1VERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of "Presentment" Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice Dishonor" of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Barrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)--Single Family Doge 3of4pages) 8 of 110 FILED: SUFFOLK COUNTY CLERK 04/18/2024 01:08 PM INDEX NO. 610000/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/18/2024 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSI . - Bor2dwe - KATHERINE MICHITSCH - Date - ORDER OF THE PAY TO RECOURSE WITHOUT ORR MORTGAGE WMC SECRETARY ASST. MKHITARIAN X ANAIDA