Preview
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
__.._________________________________________________________Ç
U.S. BANK TRUST NATIONAL AFFIDAVIT OF MERIT AND
ASSOCIATION, NOT IN ITS INDIVIDUAL AMOUNTS DUE AND OWING
CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR RCF 2 ACQUISITION TRUST
Plaintiff,
vs. INDEX #: 63407/2023
EVAN KAMER, GAIL KAMER, ET AL., MORTGAGED PREMISES:
122 Midland Avenue, Rye, NY 10580
Defendant(s).
_____.._______________________________________________________x
STATE OF Florida )
Duval
COUNTY OF )SS.:
Debbie Benzley being duly sworn deposes and says:
Document Execution Specialist
1. I am . of Selene Finance LP the servicing agent to U.S. Bank Trust
National Association, Not In Its Individual Capacity But Solely As Owner Trustee For
RCF 2 Acquisic,ion Trust ("Plaintiff") and as such am authorized to execute this affidavit
and to make the representations contained herein.
2. In the regular performance of my job functions, I am familiar with business records
maintained by Selene Finance LP for the purpose of servicing mortgage loans and I have
personal knowledge of the operation of and the circumstances surrounding the
preparation, maintenance, distribution, and retrieval of records in servicer's record
keeping systems. These records (which include data compilations, electronically imaged
documents and others) are made at or near the time by, or from information provided by,
persons with knowledge of the activity and transactions reflected in such records, and are
kept in the course of business activity conducted regularly by Selene Finance LP. It is the
reg1dar practice of Selene Finance LP mortgage servicing business to make these records.
In connection with making this affidavit, I have acquired personal knowledge of the
matters stated herein by examining the business records relating to the subject mortgage
loan and/or confirm the information to the best of my knowledge, information and belief.
3. Evan Kamer and Gail Kamer executed a Promissory Note dated January 22, 2005 in the
amount of $880,000.00. Said Promissory Note was modified by a Loan Modification
Agreement dated September 16, 2021. The modified principal balance was $850,044.59.
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
4. I confirm that U.S. Bank Trust National Association, Not In Its Individual Capacity But
Solely As Owner Trustee For RCF 2 Acquisition Trust was in possession of the
Promissory Note, through its custodian, on April 8, 2022, prior to July 6, 2023. Stamped
to the final page of the Promissory Note is the fmal endorsement of the Promissory Note
into "blank". A copy of the Promissory Note is attached as Exhibit "1". A copy of the
Loan Modification Agreement(s) is attached as Exhibit "2".
5. To secure the Promissory Note, Evan Kamer and Gail Kamer executed and delivered a
Mortgage on January 22, 2005. A copy of the Mortgage is attached as Exhibit "3". The
Mortgage has been assigned by an Assignment of Mortgage, dated January 27, 2009 from
Citi Residential Lending, Inc. to Deutsche Bank National Trust Company, as Trustee for,
Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series
2005-R2, and recorded February 20, 2009 in Control Number 490480086 in the Office of
the Westchester County Clerk. The Mortgage has been subsequently corrected by
assignment of mortgage, dated October 06, 2016 from Ameriquest Mortgage Company to
Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage
Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-R2, and recorded
October 13, 2016 in Control Number 562873500 in the Office of the Westchester County
Clerk. The Mortgage has been subsequently assigned by an Assignment of Mortgage,
dated May 1, 2020 from Deutsche Bank National Trust Company, as Trustee for,
Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series
2005-R2, to U.S. Bank National Association, not in its Individual Capacity, but solely as
Trustee for NRZ Pass-Through Trust VII (NPL), and recorded May 1, 2020 in Control
Number 601223067 in the Office of the Westchester County Clerk. The Mortgage has
been subsequently assigned by an Assignment of Mortgage, dated January 19, 2023 from
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee
For NRZ Pass-Through Trust VII (NPL) to MTGLQ Investors, L.P., and recorded
February 15, 2023 in Control Number 630463183 in the Office of the Westchester
County Clerk. The Mortgage has been subsequently assigned by an Assignment of
Mortgage, dated March 17, 2023 from MTGLQ Investors, L.P. to U.S. Bank Trust
National Association, Not In Its Individual Capacity But Solely As Owner Trustee For
RCF 2 Acquisition Trust, and recorded May 11, 2023 in Control Number 631303459 in
the Office of the Westchester County Clerk. The Assignment(s) of Mortgage are
attached as Exhibit "4".
6. There is in fact a default under the terms and conditions of the Promissory Note and
Mortgage, because the September 01, 2022 and subsequent payments were not made. A
copy of the relevant business records of the loan evidencing the default of the borrower
are attached hereto as Exhibit "5".
7. I and affirm that in compliance with RPAPL a 90 pre-
hereby certify § 1304, day
foreclosure notice ("90 Day Notice") was sent to Evan Kamer via first class and certified
mail to 122 Midland Ave, Rye, NY 10580-3511 which is the Property Address and Gail
Kamer via first class and certified mail to 122 Midland Ave, Rye, NY 10580-3511 which
is the Property Address. The 90 Day Notice was mailed on October 18, 2022 and listed at
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
least five (5) housing counseling agencies. A copy of the 90 Day Notice is attached as
Exhibit "6".
8. I hereby certify and affirm that within three business days of mailing the 90 Day Notice
Selene Finance LP electronically filed notice with the Superintendent of Financial
Services on October 19, 2022 as required by RPAPL §1306(2) and confirmation number
NYS5766774 was issued. A copy of Proof of Filing Statement issued by the New York
State Department of Financial Services 90-Day Pre-Foreclosure Filings website is
attached hereto as Exhibit "7".
9. A notice of default dated October 18, 2022, ("Notice of Default") was mailed to Evan
Kamer via first class to 122 Midland Ave, Rye, NY 10580-3511 which is the Property
Address and Gail Kamer via first class to 122 Midland Ave, Rye, NY 10580-3511 which
is the Property Address. A copy of the Notice of Default is attached as Exhibit "8".
10. Based on the default, Plaintiff elected to call due the entire unpaid principal balance
together with interest and disbursements, including reasonable attorney fees and costs,
allowable under the terms of the Promissory Note and Mortgage.
The total amount due the Plaintiff on said Promissory Note through March 7, 2024,
breaks down as follows:
Principal $830,766.38
Interest $26,580.72
from August 1, 2022 to March 7, 2024 @ 2.000%
Late Charges $315.45
HazardInsuranceDisbursements $3,022.00
Tax Disbursements $29,604.55
PMI/MIP $0.00
Property Inspections $420.00
BPO $0.00
NSF $0.00
Escrow Balance Credit $(4,183.06)
Credits to Borrower $0.00
Other costs: Title Search $575.00
Total $887,101.04
11. In accordance with the terms of the Promissory Note and Mortgage, Plaintiff may
advance additional monies for the payment of taxes, insurance, and/or the maintenance of
the premises in order to protect its security interest.
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
12. The Affidavit herein was executed based on the Power of Attorney granted to the
Servicer for the loan by the Plaintiff on January 20, 2022. A copy of the Power of
Attorney is attached as Exhibit "9".
(Affiant)
'""n"
Specialist
b re me this day
20 State of Florida
Notary Public
Dawn Fox
Commission HH 356720
My
Expires 2/1/2027
tary Public Dawn Fox
UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Outside of New York State)
Florida
STATE OF )
COUNTY OF DUVal ) ss:
On the day of in the year before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the in ividual(s) whose names is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed t instrument, and that such individual made such appearance before the undersigned in
e Florida. (Insert the city or political subdivision and the state or country or other
ac the ackn w dgment was taken).
(Si nature and office of individual taking acknowledgment) Dawn Fox
GPS number:23-000390
Notary Public State of Florida
Oswn Fox
My Commission HH 356720
Expires 2/1/2027
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
STATE OF: FLORIDA
COUNTY OF: DUVAL
(Signature qfSigner)
Debbie Benzley , as authorized representative of Selene Finance LP, its
Document Execution Specialist
The foregoing instrument was acknowledged before me by means of physical
FEB 212024
presence this by Debbie Benzley. as Document
Executio3r pecialist r Selene Finance LP.
)timL 6l
Sig ture of otary Public
DawnFox
Printed Name ofNotary Public
(NotarySeal)
Florids
Public State of
Notary
Dawn Fox
Commission HH 3S6720
My 2/t/2027
Expires
Personally Known ; OR Produced Identification
(Type of entification produced)
State required notary block as required by State of Florida and is meant to be part of the
legal document to meet state requirements.
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
EXHIBIT 1
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
Loan No.
FlXED RATE NOTE
22, 2005 Orange CA
January
[Date] [City] [State]
122 MIDLAND AVENUE, RYE, NY 10580
[Property Address]
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $ 880,000.00 (this amount is called "principal"), plus
interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company .
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
Holder."
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 5.990 %.
The interest rate required by this Section 2 is the rate I will pay before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the first day of each month beginning on March 1, 2005.
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. My monthly payments will be applied to interest before principal. If,
on February 1, 2035, I still owe amounts under this Note, I will pay those amounts in full on that date, which is
Date."
called the "Maturity
I will make my monthly payments at: 505 City Parkway West, Suite 100, Orange, CA 92868
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payments will be in the amount of U.S. $5,270.39.
4. BORROWER'S RIGHT TO PREPAY
I may repay this Note at any time without a penalty.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then; (i) any
such loan charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any
sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose
to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund
reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen 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 30 days after the date on which the notice is
delivered or mailed me.
Initials:
1 of 2
01/22/2005 9:43:32 AM
200-1NY(Rev.7/03)
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023
.,
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024
Loan No.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
IfÌhe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attomey's fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each
is fully and personally person
obligated to keep all of the promises made
in this Note,
including the
to pay the full amount
promise owed. Any person who is a guarantor, surety or endorser of
this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of
a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" Dishonor'
means the right to require the Note Holder to demand payment of amounts due. "Notice of
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses which might result if I do not keep 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:
AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED
Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or
any part of the Property, or if any right in the Property, is sold or transferred without Lenders prior
written permission. Lender may also require immediate payment in full if a beneficial interest in
Borrower is sold or transferred and Borrower is not a natural person. However, Lender shall not require
immediate payment in full if this is prohibited by federal law on the date of this Security Instrument.
If Lender requires immediate payment in full under this Paragraph, Lender will give me a notice which
states this requirement. This notice will give me at least 30 days to make the required payment. The
30-day period will begin on the date the notice is mailed or delivered. If I do not make the required
payment during that period, Lender may act to enforce its rights under this Security Instrument without
giving me any further notice or demand for payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
.
(Seal) (Seal)
Borrower: Borrower: GAIL KAMER
SSN:
Preview
FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER __.._________________________________________________________Ç U.S. BANK TRUST NATIONAL AFFIDAVIT OF MERIT AND ASSOCIATION, NOT IN ITS INDIVIDUAL AMOUNTS DUE AND OWING CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST Plaintiff, vs. INDEX #: 63407/2023 EVAN KAMER, GAIL KAMER, ET AL., MORTGAGED PREMISES: 122 Midland Avenue, Rye, NY 10580 Defendant(s). _____.._______________________________________________________x STATE OF Florida ) Duval COUNTY OF )SS.: Debbie Benzley being duly sworn deposes and says: Document Execution Specialist 1. I am . of Selene Finance LP the servicing agent to U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For RCF 2 Acquisic,ion Trust ("Plaintiff") and as such am authorized to execute this affidavit and to make the representations contained herein. 2. In the regular performance of my job functions, I am familiar with business records maintained by Selene Finance LP for the purpose of servicing mortgage loans and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, distribution, and retrieval of records in servicer's record keeping systems. These records (which include data compilations, electronically imaged documents and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Selene Finance LP. It is the reg1dar practice of Selene Finance LP mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by examining the business records relating to the subject mortgage loan and/or confirm the information to the best of my knowledge, information and belief. 3. Evan Kamer and Gail Kamer executed a Promissory Note dated January 22, 2005 in the amount of $880,000.00. Said Promissory Note was modified by a Loan Modification Agreement dated September 16, 2021. The modified principal balance was $850,044.59. FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 4. I confirm that U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For RCF 2 Acquisition Trust was in possession of the Promissory Note, through its custodian, on April 8, 2022, prior to July 6, 2023. Stamped to the final page of the Promissory Note is the fmal endorsement of the Promissory Note into "blank". A copy of the Promissory Note is attached as Exhibit "1". A copy of the Loan Modification Agreement(s) is attached as Exhibit "2". 5. To secure the Promissory Note, Evan Kamer and Gail Kamer executed and delivered a Mortgage on January 22, 2005. A copy of the Mortgage is attached as Exhibit "3". The Mortgage has been assigned by an Assignment of Mortgage, dated January 27, 2009 from Citi Residential Lending, Inc. to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-R2, and recorded February 20, 2009 in Control Number 490480086 in the Office of the Westchester County Clerk. The Mortgage has been subsequently corrected by assignment of mortgage, dated October 06, 2016 from Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-R2, and recorded October 13, 2016 in Control Number 562873500 in the Office of the Westchester County Clerk. The Mortgage has been subsequently assigned by an Assignment of Mortgage, dated May 1, 2020 from Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-R2, to U.S. Bank National Association, not in its Individual Capacity, but solely as Trustee for NRZ Pass-Through Trust VII (NPL), and recorded May 1, 2020 in Control Number 601223067 in the Office of the Westchester County Clerk. The Mortgage has been subsequently assigned by an Assignment of Mortgage, dated January 19, 2023 from U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For NRZ Pass-Through Trust VII (NPL) to MTGLQ Investors, L.P., and recorded February 15, 2023 in Control Number 630463183 in the Office of the Westchester County Clerk. The Mortgage has been subsequently assigned by an Assignment of Mortgage, dated March 17, 2023 from MTGLQ Investors, L.P. to U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For RCF 2 Acquisition Trust, and recorded May 11, 2023 in Control Number 631303459 in the Office of the Westchester County Clerk. The Assignment(s) of Mortgage are attached as Exhibit "4". 6. There is in fact a default under the terms and conditions of the Promissory Note and Mortgage, because the September 01, 2022 and subsequent payments were not made. A copy of the relevant business records of the loan evidencing the default of the borrower are attached hereto as Exhibit "5". 7. I and affirm that in compliance with RPAPL a 90 pre- hereby certify § 1304, day foreclosure notice ("90 Day Notice") was sent to Evan Kamer via first class and certified mail to 122 Midland Ave, Rye, NY 10580-3511 which is the Property Address and Gail Kamer via first class and certified mail to 122 Midland Ave, Rye, NY 10580-3511 which is the Property Address. The 90 Day Notice was mailed on October 18, 2022 and listed at FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 least five (5) housing counseling agencies. A copy of the 90 Day Notice is attached as Exhibit "6". 8. I hereby certify and affirm that within three business days of mailing the 90 Day Notice Selene Finance LP electronically filed notice with the Superintendent of Financial Services on October 19, 2022 as required by RPAPL §1306(2) and confirmation number NYS5766774 was issued. A copy of Proof of Filing Statement issued by the New York State Department of Financial Services 90-Day Pre-Foreclosure Filings website is attached hereto as Exhibit "7". 9. A notice of default dated October 18, 2022, ("Notice of Default") was mailed to Evan Kamer via first class to 122 Midland Ave, Rye, NY 10580-3511 which is the Property Address and Gail Kamer via first class to 122 Midland Ave, Rye, NY 10580-3511 which is the Property Address. A copy of the Notice of Default is attached as Exhibit "8". 10. Based on the default, Plaintiff elected to call due the entire unpaid principal balance together with interest and disbursements, including reasonable attorney fees and costs, allowable under the terms of the Promissory Note and Mortgage. The total amount due the Plaintiff on said Promissory Note through March 7, 2024, breaks down as follows: Principal $830,766.38 Interest $26,580.72 from August 1, 2022 to March 7, 2024 @ 2.000% Late Charges $315.45 HazardInsuranceDisbursements $3,022.00 Tax Disbursements $29,604.55 PMI/MIP $0.00 Property Inspections $420.00 BPO $0.00 NSF $0.00 Escrow Balance Credit $(4,183.06) Credits to Borrower $0.00 Other costs: Title Search $575.00 Total $887,101.04 11. In accordance with the terms of the Promissory Note and Mortgage, Plaintiff may advance additional monies for the payment of taxes, insurance, and/or the maintenance of the premises in order to protect its security interest. FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 12. The Affidavit herein was executed based on the Power of Attorney granted to the Servicer for the loan by the Plaintiff on January 20, 2022. A copy of the Power of Attorney is attached as Exhibit "9". (Affiant) '""n" Specialist b re me this day 20 State of Florida Notary Public Dawn Fox Commission HH 356720 My Expires 2/1/2027 tary Public Dawn Fox UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT (Outside of New York State) Florida STATE OF ) COUNTY OF DUVal ) ss: On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the in ividual(s) whose names is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed t instrument, and that such individual made such appearance before the undersigned in e Florida. (Insert the city or political subdivision and the state or country or other ac the ackn w dgment was taken). (Si nature and office of individual taking acknowledgment) Dawn Fox GPS number:23-000390 Notary Public State of Florida Oswn Fox My Commission HH 356720 Expires 2/1/2027 FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 STATE OF: FLORIDA COUNTY OF: DUVAL (Signature qfSigner) Debbie Benzley , as authorized representative of Selene Finance LP, its Document Execution Specialist The foregoing instrument was acknowledged before me by means of physical FEB 212024 presence this by Debbie Benzley. as Document Executio3r pecialist r Selene Finance LP. )timL 6l Sig ture of otary Public DawnFox Printed Name ofNotary Public (NotarySeal) Florids Public State of Notary Dawn Fox Commission HH 3S6720 My 2/t/2027 Expires Personally Known ; OR Produced Identification (Type of entification produced) State required notary block as required by State of Florida and is meant to be part of the legal document to meet state requirements. FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 EXHIBIT 1 FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 Loan No. FlXED RATE NOTE 22, 2005 Orange CA January [Date] [City] [State] 122 MIDLAND AVENUE, RYE, NY 10580 [Property Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $ 880,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is Holder." 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 5.990 %. The interest rate required by this Section 2 is the rate I will pay before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March 1, 2005. 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. My monthly payments will be applied to interest before principal. If, on February 1, 2035, I still owe amounts under this Note, I will pay those amounts in full on that date, which is Date." called the "Maturity I will make my monthly payments at: 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $5,270.39. 4. BORROWER'S RIGHT TO PREPAY I may repay this Note at any time without a penalty. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then; (i) any such loan charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen 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 30 days after the date on which the notice is delivered or mailed me. Initials: 1 of 2 01/22/2005 9:43:32 AM 200-1NY(Rev.7/03) FILED: WESTCHESTER COUNTY CLERK 05/01/2024 11:54 AM INDEX NO. 63407/2023 ., NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/01/2024 Loan No. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses IfÌhe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomey's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each is fully and personally person obligated to keep all of the promises made in this Note, including the to pay the full amount promise owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" Dishonor' means the right to require the Note Holder to demand payment of amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep 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: AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lenders prior written permission. Lender may also require immediate payment in full if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person. However, Lender shall not require immediate payment in full if this is prohibited by federal law on the date of this Security Instrument. If Lender requires immediate payment in full under this Paragraph, Lender will give me a notice which states this requirement. This notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is mailed or delivered. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED . (Seal) (Seal) Borrower: Borrower: GAIL KAMER SSN: