Preview
FILED: KINGS COUNTY CLERK 05/09/2024
02/21/2020 03:31
04:57 PM INDEX NO. 512671/2019
NYSCEF DOC. NO. 59
31 RECEIVED NYSCEF: 05/09/2024
02/21/2020
EXHIBIT H
FILED: KINGS COUNTY CLERK 05/09/2024
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NYSCEF NO. 512671/2019
INDEXNYSCEF:
FILED DOC.
: NO. 59
KINGS31 COUNTY CLERK 0 6/0W2019 11: 13 AMl RECEIVED 02/21/2020
05/09/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019
SUPREME COURT OF THE STATEOF NEW YORK
COUNTY OF KINGS
BANK OF AMERICA, N.A., Index No.
Date Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates
ENRIQUE CAMACHO, SECRETARY OF HOUSING AND Kings as the place
Doe" Doe" County
URBAN DEVELOPMENT and "John and/or "Jane of trial based on the
# 1-10 inclusive, the last ten names being fictitious and
location of the mortgaged
unknown to plaintiff, the persons or parties intended being the
premises in this action.
tenants, occupants, persons, corporations or heirs at law, if any,
having or claiming an interest in or lien upon the premises
described in the complaint,
Defendants.
We are attempting to collect a debt, and any information obtained will be used for
that purpose.
To the above-named defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintifPs attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York) or within (60) days
after service of this summons if it is the United States of America; and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
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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 pracceding
against you and filing the answer with the 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 pendiñg
for further 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.
NOTIC_E OF N_AIURE OF ACTION AND RELIEF SOUGHT
This is an action to foreclose a mortgage lien on the premises described herein.
The object of the above captioned action is to foreclose a first Mortgage to secure
$300,773.00 and interest, recorded in the Office of the City Register of Kings County on October
29, 2007 in Instrument No. 2007000544496, which mortgage was assigned to Bank of America,
N.A. by assigresent of mortgage dated September 26, 2007, which was recorded in the Office of
the City Register of Kings County on October 29, 2007 in Instrument 2007000544497, which
mortgage was modified by a Consolidation, Extension and Modification Agreement dated
September 27, 2007, to modify said mortgage to an amount of $290,700.00, which was recorded
in the Office of the City Register of Kings County on October 29, 2007 in Instrument
2007000544498; and a second Mortgage to secure $6,586.57 and interest, recorded in the Office
of the City Register of Kings County on June 10, 2011 in Instrument No. 2011000206440, which
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mortgages were consolidated by a Consolidation, Extension and Modification Agreemeñt,
consolidating the First Mortgage and the Second Mortgage to form a single lien in the amount of
$284,600.00 (the "Consolidated Mortgage") which was recorded in the Office of the City
Register of Kings County on June 10, 2011 in Instrument 2011000206441, covering premises
known as 274 STAGG STREET, BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF
NEW YORK 11206 (Block 3037, Lot 29).
The relief sought in the within action is a final judgment directing the sale of the premises
described above. The Plaintiff also seeks a deficiency judgment against the Defendant,
ENRIQUE CAMACHO, for any debt secured by said Mortgage which is not satisfied by the
proceeds of the sale of said premises, unless discharged in hankruptcy.
Dated: Ros Heights, New York
. 70 , 2019
DAVID A. L ASt CIATES LLP
By:
Esq·
David A Ga ,
Attorneys for Plaintsff
99 Powerhouse Road - First Floor
Roslyn Heights, NY 11577
(516) 583-5330
583-5333 - fax
(516)
TO: ENRIQUE CAMACHO
274 STAGG STREET
BROOKLYN, NY 11206
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
451 SEVENTH STREET, SW
WASHINGTON DC, 204]0
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[FILED DOC.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BANK OF AMERICA, N.A., Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
MORTGAGE FORECLOSURE
ENRIQUE CAMACHO, SECRETARY OF HOUSING
Doe"
AND URBAN DEVELOPMENT and "John and/or
Doe"
"Jane # 1-10 inclusive, the last ten names being
fictitious and unknown to plaintiff, the persons or parties
intended being the tenants, occupants, persons,
corporations or heirs at law, if any, having or claiming an
interest in or lien upon the premises described in the
complaint,
Defendants.
Plaintiff BANK OF AMERICA, N.A., (hereinafter referred to as "BANA"), by its
attorneys, David A. Gallo & Associates LLP, complains and alleges, upon information and
belief, as follows:
1. This is an action to foreclose a mortgage lien on the premises described herein.
2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and
if not the owner, has been delepted the authority to infinite a mortgage foreclosure action by
the owner and holder of the subject note and mortgage. See attached note incorporated herein.
Foreclosing party or creditor ("Noteholder"), directly or through an agent, has possession of the
promissory note. The promissory note is either made payable to the Foreclosing Party or has
been duly indorsed.
3. Where applicable, the plaintiff has complied with all of the provisions of the
Law and rules and promulgated 6-
Banking § 595-a regulations thereunder, Banking Law § 6-1 or
m as applicable to the subject loan, and RPAPL § I304, as amended.
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4, The plaintiff, assignee or mortgage loan servicer, has timely complied with the
provisions of RPAPL § 1306,
5. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to
ENRIQUE CAMACHO on January 3, 2019 to the address of the property, at 274 STAGG
STREET, BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK I1206
and to the Borrower's last known address which is 274 STAGG STREET, BROOKLYN, NY
11206, by registered or certified and first class rnail, The certified mailing bore United States
Postal Service Tracking Number 9314 7100 1170 0984 272949.
6. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The
text following the title of the 90 Day Notice was typed in at least fourteen (14) point font.
7. Plaintiff is, and at all times relevant herein was, a corporation authorized to
conduct business in the State of New York, with its principal place of business c/o BANK OF
AMERICA, N,A., located at 101 N TRYON STREET, CHARLOTTE, NC 28255.
8. The premises, which are the subject of this action, are situated at 274 STAGG
STREET, BROOKLYN, CODETY OF KINGS, CITY AND STATE OF NEW YORK 11206
(the "Premises").
9. ENRIQUE CAMACHO is named as Defendant because he is the purported owner
of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises.
Upon information and belief, said defendant's last known residence is at the Premises.
Doe" Doe"
10 "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to
plaintiff. They are named as defendants to designate any and all tenants, occupants, persons,
corporations or heirs at law, if any, having or claiming an interest in or lien upon the Premises.
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RILED DOC.
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1l. The following are made party defendants herein solely because they may have or
claim to have a lien affecting the Premises:
N/A
The following is made a party defendant herein solely because it may have or claim to have a
subordinate mortgage affecting the Premises:
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
The above liens are subject and subordinate to the lien of the Plaintiffs mortgage. (See, copy of
Mortgagc/Judgment Schedules attached hereto and made part hereof.)
12. On or about May 31, 2011, defendant ENRIQUE CAMACHO, ("Defendant")
executed and delivered to BANK OF AMERICA, N.A. a Consolidated Note (the "Note"),
whereby the Defendant agreed to pay to BANK OF AMERICA, N.A. or its transferees the sum
of $284,600.00, plus increases in principal, if any, with interest thereon, instagments of principal
and interest to be paid monthly, in substantially equal payments on the same date of each month
until maturity, all as provided in the Note.
13. As collateral security for the payment of the Note, BUSHWICK 203NHP
HOUSING DEVELOPMENT FUND COMPANY, INC., executed, acknowledged, and
delivered to ENTERPRISE COMMUNITY LOAN FUND, INC. a mortgage dated September
27, 2007, in the principal amount of $300,773.00 (the "First Mortgage"), which was recorded in
the Office of the City Register of Kings County on October 29, 2007 in Instrument No.
2007000544496, and the mortgage recording tax was duly paid, which mortgage was assigned to
BANK OF AMERICA, N.A. by assignment of mortgage dated September 26, 2007, which was
recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument
2007000544497, which mortgage was modified by a Consolidation, Extension and Modification
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Agreement dated September 27, 2007, to modify said mortgage to an amount of $290,700.00 and
release BUSHWICK 203NHP HOUSING DEVELOPMENT FUND COMPANY, INC. from
obligation under the Note and Mortgage and to secure said Mortgage against ENRIQUE
CAMACHO only, which was recorded in the Office of the City Register of Kings County on
October 29, 2007 in Instrument 2007000544498.
I4. As further collateral security for the payment of the Note, defendant ENRIQUE
CAMACHO, executed, acknowledged, and delivered to BANK OF AMERICA, N.A. a
mortgage dated May 31, 2011, in the principal amount of $6,586.57 (the "Second Mortgage"),
which was recorded in the Office of the City Register of Kings County on June 10, 2011 in
Instrument No. 2011000206440, and the mortgage recording tax was duly paid, which mortgages
were consolidated by a Consolidation, Extension and Modiñcation Agreement consolidating the
First Mortgage and the Second Mortgage to form a single lien in the amount of $284,600,00 (the
"Consolidated Mortgage") which was recorded in the Office of the City Register of Kings
County an June 10, 2011 in Instrument 2011000206441.
15. The Premises encumbered by said Mortgage, with all appurtenances thereto, is
bounded and fully described in Schedule A annexed hereto and made part hereof.
16. The Note provides, inter alia, for the payment of late charges in case of default of
any installment which has become due and remained unpaid in excess of 15 days and further
provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the
event the Note is referred to an attorney for collection,
17. The Mortgage obligates the Defendant, inter alia, to pay, on a monthly basis, to
plaintiff, at plaintiff's option, an amount equal to 1/12 of the annual taxes, assessments, ground
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rents, and hazard and mortgage insurance premiums to become due in connection with the
Premises pursuant to the Mortgage.
18. The Mortgage provides, inter alia, for the payment of late charges in case of
default of any installment which has become due and remained unpaid in excess of 15 days.
19. The Mortgage provides, inter alia, that in the event of a default in the payment of
any principal or interest that might become due thereon, plaintiff may declare the entire
indebtedness secured by the Mortgage immediately due and payable and commence an action to
foreclose the Defendant's rights in the Premises and sell them pursuant to applicable law.
20. The Note and Mortgage obligates the Defendant, inter
Preview
FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF DOC. NO. 59 31 RECEIVED NYSCEF: 05/09/2024 02/21/2020 EXHIBIT H FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF NO. 512671/2019 INDEXNYSCEF: FILED DOC. : NO. 59 KINGS31 COUNTY CLERK 0 6/0W2019 11: 13 AMl RECEIVED 02/21/2020 05/09/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 SUPREME COURT OF THE STATEOF NEW YORK COUNTY OF KINGS BANK OF AMERICA, N.A., Index No. Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates ENRIQUE CAMACHO, SECRETARY OF HOUSING AND Kings as the place Doe" Doe" County URBAN DEVELOPMENT and "John and/or "Jane of trial based on the # 1-10 inclusive, the last ten names being fictitious and location of the mortgaged unknown to plaintiff, the persons or parties intended being the premises in this action. tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. We are attempting to collect a debt, and any information obtained will be used for that purpose. To the above-named defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintifPs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York) or within (60) days after service of this summons if it is the United States of America; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. - 1 - 1 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF INDEXNYSCEF: NO. 512671/2019 FILED DOC. : NO. KINGS59 31 COUNTY CLERK 06/07 /2019 11:13 AM| RECEIVED 02/21/2020 05/09/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 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 pracceding against you and filing the answer with the 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 pendiñg for further 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. NOTIC_E OF N_AIURE OF ACTION AND RELIEF SOUGHT This is an action to foreclose a mortgage lien on the premises described herein. The object of the above captioned action is to foreclose a first Mortgage to secure $300,773.00 and interest, recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument No. 2007000544496, which mortgage was assigned to Bank of America, N.A. by assigresent of mortgage dated September 26, 2007, which was recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument 2007000544497, which mortgage was modified by a Consolidation, Extension and Modification Agreement dated September 27, 2007, to modify said mortgage to an amount of $290,700.00, which was recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument 2007000544498; and a second Mortgage to secure $6,586.57 and interest, recorded in the Office of the City Register of Kings County on June 10, 2011 in Instrument No. 2011000206440, which - 2 - 2 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF DOC. NO. 5931 RECEIVED NO. 512671/2019 INDEXNYSCEF: 02/21/2020 05/09/2024 : KINGS COUNTY CLERK 0 6/07/2019 11: 13 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 mortgages were consolidated by a Consolidation, Extension and Modification Agreemeñt, consolidating the First Mortgage and the Second Mortgage to form a single lien in the amount of $284,600.00 (the "Consolidated Mortgage") which was recorded in the Office of the City Register of Kings County on June 10, 2011 in Instrument 2011000206441, covering premises known as 274 STAGG STREET, BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK 11206 (Block 3037, Lot 29). The relief sought in the within action is a final judgment directing the sale of the premises described above. The Plaintiff also seeks a deficiency judgment against the Defendant, ENRIQUE CAMACHO, for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises, unless discharged in hankruptcy. Dated: Ros Heights, New York . 70 , 2019 DAVID A. L ASt CIATES LLP By: Esq· David A Ga , Attorneys for Plaintsff 99 Powerhouse Road - First Floor Roslyn Heights, NY 11577 (516) 583-5330 583-5333 - fax (516) TO: ENRIQUE CAMACHO 274 STAGG STREET BROOKLYN, NY 11206 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET, SW WASHINGTON DC, 204]0 3 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF INDEXNYSCEF: NO. 512671/2019 [FILED DOC. : NO. 59 KINGS 31 COUNTY CLERK O 6/07 /2019 11¯: 13 AM) RECEIVED 02/21/2020 05/09/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BANK OF AMERICA, N.A., Index No. Plaintiff, VERIFIED COMPLAINT -against- MORTGAGE FORECLOSURE ENRIQUE CAMACHO, SECRETARY OF HOUSING Doe" AND URBAN DEVELOPMENT and "John and/or Doe" "Jane # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. Plaintiff BANK OF AMERICA, N.A., (hereinafter referred to as "BANA"), by its attorneys, David A. Gallo & Associates LLP, complains and alleges, upon information and belief, as follows: 1. This is an action to foreclose a mortgage lien on the premises described herein. 2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the owner, has been delepted the authority to infinite a mortgage foreclosure action by the owner and holder of the subject note and mortgage. See attached note incorporated herein. Foreclosing party or creditor ("Noteholder"), directly or through an agent, has possession of the promissory note. The promissory note is either made payable to the Foreclosing Party or has been duly indorsed. 3. Where applicable, the plaintiff has complied with all of the provisions of the Law and rules and promulgated 6- Banking § 595-a regulations thereunder, Banking Law § 6-1 or m as applicable to the subject loan, and RPAPL § I304, as amended. - 1 - 4 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF DOC. NO. 5931 RECEIVED NO. INDEX NYSCEF: 512671/2019 02/21/2020 05/09/2024 [FILED : KINGS COUNTY CLERK 06/07/2019 11:13 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 4, The plaintiff, assignee or mortgage loan servicer, has timely complied with the provisions of RPAPL § 1306, 5. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to ENRIQUE CAMACHO on January 3, 2019 to the address of the property, at 274 STAGG STREET, BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK I1206 and to the Borrower's last known address which is 274 STAGG STREET, BROOKLYN, NY 11206, by registered or certified and first class rnail, The certified mailing bore United States Postal Service Tracking Number 9314 7100 1170 0984 272949. 6. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The text following the title of the 90 Day Notice was typed in at least fourteen (14) point font. 7. Plaintiff is, and at all times relevant herein was, a corporation authorized to conduct business in the State of New York, with its principal place of business c/o BANK OF AMERICA, N,A., located at 101 N TRYON STREET, CHARLOTTE, NC 28255. 8. The premises, which are the subject of this action, are situated at 274 STAGG STREET, BROOKLYN, CODETY OF KINGS, CITY AND STATE OF NEW YORK 11206 (the "Premises"). 9. ENRIQUE CAMACHO is named as Defendant because he is the purported owner of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon information and belief, said defendant's last known residence is at the Premises. Doe" Doe" 10 "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to plaintiff. They are named as defendants to designate any and all tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the Premises. - 2 - 5 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF INDEXNYSCEF: 512671/2019 RILED DOC. : NO. 59 KINGS 31 COUNTY CLERK Ö 6/0772019 11: 13 AM| RECEIVED NO. 02/21/2020 05/09/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 1l. The following are made party defendants herein solely because they may have or claim to have a lien affecting the Premises: N/A The following is made a party defendant herein solely because it may have or claim to have a subordinate mortgage affecting the Premises: SECRETARY OF HOUSING AND URBAN DEVELOPMENT The above liens are subject and subordinate to the lien of the Plaintiffs mortgage. (See, copy of Mortgagc/Judgment Schedules attached hereto and made part hereof.) 12. On or about May 31, 2011, defendant ENRIQUE CAMACHO, ("Defendant") executed and delivered to BANK OF AMERICA, N.A. a Consolidated Note (the "Note"), whereby the Defendant agreed to pay to BANK OF AMERICA, N.A. or its transferees the sum of $284,600.00, plus increases in principal, if any, with interest thereon, instagments of principal and interest to be paid monthly, in substantially equal payments on the same date of each month until maturity, all as provided in the Note. 13. As collateral security for the payment of the Note, BUSHWICK 203NHP HOUSING DEVELOPMENT FUND COMPANY, INC., executed, acknowledged, and delivered to ENTERPRISE COMMUNITY LOAN FUND, INC. a mortgage dated September 27, 2007, in the principal amount of $300,773.00 (the "First Mortgage"), which was recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument No. 2007000544496, and the mortgage recording tax was duly paid, which mortgage was assigned to BANK OF AMERICA, N.A. by assignment of mortgage dated September 26, 2007, which was recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument 2007000544497, which mortgage was modified by a Consolidation, Extension and Modification - 3 - 6 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF NO. ILEDDOC. : NO. 59 KINGS31 COUNTY CLERK 0 6/07 /2019 11: 13 AM RECEIVED INDEXNYSCEF: 02/21/2020 05/09/2024 512671/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 Agreement dated September 27, 2007, to modify said mortgage to an amount of $290,700.00 and release BUSHWICK 203NHP HOUSING DEVELOPMENT FUND COMPANY, INC. from obligation under the Note and Mortgage and to secure said Mortgage against ENRIQUE CAMACHO only, which was recorded in the Office of the City Register of Kings County on October 29, 2007 in Instrument 2007000544498. I4. As further collateral security for the payment of the Note, defendant ENRIQUE CAMACHO, executed, acknowledged, and delivered to BANK OF AMERICA, N.A. a mortgage dated May 31, 2011, in the principal amount of $6,586.57 (the "Second Mortgage"), which was recorded in the Office of the City Register of Kings County on June 10, 2011 in Instrument No. 2011000206440, and the mortgage recording tax was duly paid, which mortgages were consolidated by a Consolidation, Extension and Modiñcation Agreement consolidating the First Mortgage and the Second Mortgage to form a single lien in the amount of $284,600,00 (the "Consolidated Mortgage") which was recorded in the Office of the City Register of Kings County an June 10, 2011 in Instrument 2011000206441. 15. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and fully described in Schedule A annexed hereto and made part hereof. 16. The Note provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days and further provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is referred to an attorney for collection, 17. The Mortgage obligates the Defendant, inter alia, to pay, on a monthly basis, to plaintiff, at plaintiff's option, an amount equal to 1/12 of the annual taxes, assessments, ground - 4 - 7 of 175 FILED: KINGS COUNTY CLERK 05/09/2024 02/21/2020 03:31 04:57 PM INDEX NO. 512671/2019 NYSCEF INDEXNYSCEF: NO. 512671/2019 FILED DOC. : NO. 59 KINGS31 COUNTY CLERK 0 6/07 /2019 11 f 13 AM| RECEIVED 02/21/2020 05/09/2024 NYsCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2019 rents, and hazard and mortgage insurance premiums to become due in connection with the Premises pursuant to the Mortgage. 18. The Mortgage provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days. 19. The Mortgage provides, inter alia, that in the event of a default in the payment of any principal or interest that might become due thereon, plaintiff may declare the entire indebtedness secured by the Mortgage immediately due and payable and commence an action to foreclose the Defendant's rights in the Premises and sell them pursuant to applicable law. 20. The Note and Mortgage obligates the Defendant, inter