Document for Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely As The Trustee Of Imperial Fund Mortgage Trust 2022-Nqm7 v. Becky Halfon, New York City Environmental Control Board, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon the premises being foreclosed herein

On May 31, 2024 a SUMMONS + COMPLAINT - Redacted per 22 NYCRR §202.5(e) was filed involving a dispute between Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely As The Trustee Of Imperial Fund Mortgage Trust 2022-Nqm7, and Becky Halfon, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises Being Foreclosed Herein, New York City Environmental Control Board, for Real Property - Mortgage Foreclosure - Residential in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 05/31/2024 10:03 AM INDEX NO. 515120/2024
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Wilmington Savings Fund Society, FSB, not in its SUMMONS
individual capacity but solely as the Trustee of
Imperial Fund Mortgage Trust 2022-NQM7, INDEX NO.:

Plaintiff, MORTGAGED PREMISES:

vs. 187 Irwin Street
Brooklyn, NY 11235
Becky Halfon; New York City Environmental
Control Board; John Doe #1 through #6, and Jane Block: 8752 Lot: 94
Doe #1 through #6, the last twelve names being
fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an
interest in or lien upon the premises being
foreclosed herein,

Defendants.
THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the Plaintiff’s attorney within twenty (20) days after the service of
this Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner than by personal delivery within the State. The United
States of America, if designated as a Defendant in this action, may answer or appear within sixty (60)
days of service hereof. In case of your failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the Complaint.
Kings County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.

Date:___May 30, 2024___ By: ______________________
f
Veronica M. Rundle, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
Wilmington Savings Fund Society, FSB, not in its individual
capacity but solely as the Trustee of Imperial Fund Mortgage
Trust 2022-NQM7
File No. 24-16730NY

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Special Summons Requirement Pursuant to RPAPL §1320

NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this Summons and Complaint by serving a copy
of the Answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the Answer with 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 pending 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.

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NOTICE TO DEFENDANT

DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.

PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT

http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml

https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml

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AVISO A DEMANDADO

DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICIÓN

POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACÍON.

SI USTED NO TIENE UN ABOGADO,
VISITE

http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml

https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml

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HELP FOR HOMEOWNERS IN FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
SUMMONS AND COMPLAINT
You are in danger of losing your home. If you fail to respond to the Summons and
Complaint in this foreclosure action, you may lose your home. Please read the
Summons and Complaint carefully. You should immediately contact an attorney or
your local legal aid office to obtain advice on how to protect yourself.
SOURCES OF INFORMATION AND ASSISTANCE
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are
government agencies and non-profit organizations that you may contact for
information about possible options, including trying to work with your lender
during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the
New York State Department of Financial Services at 1-877-BANK-NYS (1-877-226-
5697) or visit the department’s website at: http://www.dfs.ny.gov
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You
have the right to stay in your home during the foreclosure process. You are not
required to leave your home unless and until your property is sold at auction
pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance
with state and local law.
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a homeowner’s distress. You should be extremely careful about any such
promises and any suggestions that you pay them a fee or sign over your deed. State
law requires anyone offering such services for profit to enter into a contract which
fully describes the services they will perform and fees they will charge, and which
prohibits them from taking any money from you until they have completed all such
promised services.

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NOTICE TO TENANTS OF BUILDINGS IN
FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.

We, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely
as the Trustee of Imperial Fund Mortgage Trust 2022-NQM7, are the foreclosing
party and are located c/o our servicer, A&D Mortgage, LLC, at 1040 South Federal
Highway, Hollywood, FL 33020. We can be reached at (855) 235-6267.

The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the lease
requires payment of rent that at the time it was entered into was not substantially
less than the fair market rent for the property, you may be entitled to remain in
your home until 90 days after any person or entity who acquires title to the
property provides you with a notice as required by section 1305 of the Real
Property Actions and Proceedings Law. The notice shall provide information
regarding the name and address of the new owner and your rights to remain in
your home. These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant subject to
rent control, rent stabilization or a federal statutory scheme.

ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS
ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED
BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN
RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO
BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND
AFTER A FULL HEARING IN COURT.

If you need further information, please call the New York State Department of
Financial Services toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit
the Department's website at http://www.dfs.ny.gov.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Wilmington Savings Fund Society, FSB, not in its COMPLAINT FOR MORTGAGE
individual capacity but solely as the Trustee of FORECLOSURE
Imperial Fund Mortgage Trust 2022-NQM7,
INDEX NO.:
Plaintiff,
MORTGAGED PREMISES:
vs.
187 Irwin Street
Becky Halfon; New York City Environmental
Brooklyn, NY 11235
Control Board; John Doe #1 through #6, and Jane
Doe #1 through #6, the last twelve names being
Block: 8752 Lot: 94
fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an
interest in or lien upon the premises being
foreclosed herein,

Defendants.

Plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as the

Trustee of Imperial Fund Mortgage Trust 2022-NQM7 (“Plaintiff”), by its Counsel, McCalla Raymer

Leibert Pierce, LLC, and for its Complaint against the above named Defendants, alleges as follows:

1. Plaintiff, a Corporate trustee, having an address c/o its servicer, A&D Mortgage, LLC,

1040 South Federal Highway, Hollywood, FL 33020, is the owner and holder of the note and mortgage

to be foreclosed in this action, or has been delegated the authority to institute a mortgage foreclosure

action by the owner and holder of the subject note and mortgage. Plaintiff is duly licensed and/or

organized under the laws of the United States of America or a state therein.

2. On or about August 31, 2022, Defendant Becky Halfon executed and delivered to A&D

Mortgage, LLC a certain note (the “Note”) whereby she bound herself in the amount of $900,000.00,

together with accrued interest on the unpaid principal balance and such other amounts until paid,

pursuant to the terms of the Note. The Note bears an initial interest rate of 7.990%. A copy of the Note

is attached hereto as Exhibit “A”.

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3. To secure payment of the Note, Defendant Becky Halfon granted a mortgage (the

“Mortgage”) against the property owned by her located at 187 Irwin Street , Brooklyn, NY 11235 (the

“Mortgaged Premises”) to Mortgage Electronic Registration Systems, Inc., as nominee for A&D

Mortgage, LLC, its successors and assigns, in the amount of $900,000.00 on August 31, 2022. The

Mortgage was recorded in the Kings County Clerk's Office on September 7, 2022, as CRFN

2022000349109 at which time the mortgage recording tax was duly paid. A copy of the Mortgage is

attached hereto as Exhibit “B”.

4. The Mortgage has been assigned from Mortgage Electronic Registration Systems, Inc.,

as nominee for A&D Mortgage, LLC, its successors and assigns, to Wilmington Savings Fund Society,

FSB, not in its individual capacity but solely as the Trustee of Imperial Fund Mortgage Trust 2022-

NQM7 by Assignment of Mortgage dated October 7, 2023. The Assignment of Mortgage was recorded

in the Kings County Clerk's Office on May 9, 2024, as CRFN 2024000118620. A copy of the

Assignment of Mortgage is attached hereto as Exhibit "B".

5. The tax map designation of the Mortgaged Premises is known as or part of Block: 8752

Lot: 94. The full legal description of the Mortgaged Premises is attached hereto as Exhibit “C”.

6. The Defendant(s) referenced in paragraphs 2 and 3 above have failed to comply with the

terms of the Note and/or Mortgage by failing to pay the monthly payment amount due on August 1,

2023 and each subsequent payment that has come due thereafter, together with any other amounts for

taxes, assessments, water rates, escrow, insurance premiums and/or any other charges that have come

due and are payable under the terms of the Note and/or Mortgage since the date of default set forth

above.

7. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in

accordance with the terms of the Mortgage notifying the borrower(s) of the default, advising of the

actions necessary to cure said default, the date by which to cure being at least thirty (30) days from the

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date of said notice, and advising of the borrower(s)' right to present a defense to the lawsuit. Despite

the written demands, the default has not been cured. As a result, Plaintiff hereby elects and demands

that the entire principal sum due on the Note, along with all unpaid interest, advances, fees and costs

are accelerated and are now due and payable.

8. As of the date of default, the principal balance due and owing pursuant to the terms of

the Note and/or Mortgage is $893,764.34, together with accrued interest, taxes, assessments, water

rates, maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any

other charges that are validly due and owing pursuant to the terms of the Note and/or Mortgage, to be

calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale.

9. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has

made advances, or may be obligated during the pendency of this action to make advances, for the

payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises.

Any such sums advanced under the terms of the Note, together with interest (to the extent allowed), are

to be added to the sum otherwise due on and be deemed secured by the Mortgage.

10. All Defendants herein may have, or claim to have, some interest in, or lien upon the

Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or

subject to the lien of Plaintiff's Mortgage.

11. The Defendants identified more fully in Exhibit “D” are made parties solely for the

reasons set forth in said Exhibit.

12. The Defendants identified more fully in Exhibit “E” are governmental entities made

parties solely by reason of the facts set forth in said Exhibit.

13. Defendants, John Doe #1 through 6 and Jane Doe #1 through 6, are unknown occupants,

if any exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind

otherwise claiming a lien or interest in or against the Mortgaged Premises.

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14. Plaintiff has complied with the applicable provisions of RPAPL §1304 and the Banking

Law, specifically §§595-a, 6-l and/or 6-m if applicable, in that the requisite notice was sent by its

servicer, in at least fourteen point type, and containing a current list of at least five housing counseling

agencies serving the county where the property is located from the most recent listing available from

department of financial services to the borrowers by registered or certified mail and also by first class

mail to the last known address of the borrowers and to the residence that is the subject of the Mortgage.

Further, Plaintiff has complied with the applicable provisions of RPAPL §1306 in that the notice

required by RPAPL §1304, if necessary, was filed with the superintendent of banks within three

business days of mailing. If applicable, copies of the registration(s) are attached hereto as Exhibit “F”.

15. Plaintiff has complied with the provisions of the Banking Law § 9-x, if applicable.

16. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged

Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an

inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants,

restrictions, easements and public utility agreements of record, if any; building and zoning ordinances

and possible violations of same; any rights of tenants or persons in possession of the Mortgaged

Premises; any equity/right of redemption of the United States of America within 120 days of the sale;

and, any prior mortgages and liens.

17. If the Mortgage secures more than one property, Plaintiff requests the judgment in

foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy

the amounts due as determined by this Court.

18. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and

costs incurred in connection with this action.

19. All Exhibits attached hereto are expressly incorporated and made part of the Complaint

with the same force and effect as if they were set forth herein.

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20. There are no other pending proceedings to enforce the referenced Note and Mortgage.

To the extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be

discontinued and the instant action be the only pending action.

WHEREFORE, Plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but

solely as the Trustee of Imperial Fund Mortgage Trust 2022-NQM7, demands judgment:

1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make

pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and

other necessary charges affecting the Mortgaged Premises, together with interest (to the extent

allowed), are valid liens against the Mortgaged Premises.

2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage,

including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and

disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and

all other monies advanced and paid which are secured by the Mortgage;

3. That the Defendants and all parties claiming by, through or under them and every other person

or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or

whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and

from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises;

4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts

due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the

Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as

further discussed in the Complaint above;

5. That out of the monies arising from the sale of the Mortgaged Premises, the Plaintiff may be

paid the amounts due on the Note and/or Mortgage, plus all other amounts provided for and allowed

under the judgment, including attorneys' fees and costs to be incurred in connection with this action,

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together with any sums expended as aforesaid, with interest as allowed by law upon any advances from

the dates of the respective advance payments, to the extent allowed;

6. That any Defendants referenced in paragraph 2 of this Complaint (and any original or

subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain

after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in

a bankruptcy proceeding with respect to said Defendant;

7. That either or any of the parties to this action may become a purchaser upon such sale;

8. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Mortgaged

Premises with the usual powers and duties;

9. In the event Plaintiff possesses any other liens against the Mortgaged Premises, they shall not be

merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus

monies arising from the sale of the Mortgaged Premises by virtue of its position as a judgment or other

lien creditor, excluding the mortgage being foreclosed herein.

10. That the plaintiff be granted such other and further relief as may be just, equitable and proper.

Date:___May 30, 2024____ By: ______________________
_/
Veronica M. Rundle, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
Wilmington Savings Fund Society, FSB, not in its individual
capacity but solely as the Trustee of Imperial Fund Mortgage
Trust 2022-NQM7
File No. 24-16730NY

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Wilmington Savings Fund Society, FSB, not in its individual
capacity but solely as the Trustee of Imperial Fund Mortgage Trust
2022-NQM7,

Plaintiff,

vs.

Becky Halfon; New York City Environmental Control Board; John
Doe #1 through #6, and Jane Doe #1 through #6, the last twelve
names being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien upon the premises
being foreclosed herein,

Defendants.

SUMMONS & COMPLAINT
FOR MORTGAGE FORECLOSURE

McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff: Wilmington Savings Fund Society, FSB, not in its individual capacity but solely
as the Trustee of Imperial Fund Mortgage Trust 2022-NQM7
____________________________________________________________
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that upon information and
belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous.
Dated:

Service of a copy of the within is hereby admitted.

Dated:
_______________________________________________________
Attorney(s) for:

PLEASE TAKE NOTICE

 that the within a (certified) true copy of a
entered in the office of the clerk of the within named Court on 2024
 that an Order of which the within is a true copy will be presented for settlement to the
Hon. On of the judges of the within named Court,
At
on 2024, at
Dated:

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EXHIBIT A
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MIN: NOTE Loan Number:

August 31, 2022 HOLLYWOOD FLORIDA
[Note Date] [City] [State]

187 IRWIN ST, BROOKLYN, NEWYORK11235
[Property Address]

1. BORROWER'SPROMISETO PAY
In return for a loan in the amount of U.S. $900, 000.00 (the "Principal") that I have received
from A&D MORTGAGE LLC, A FLORIDALIMITED LIABILITY COMPANY
(the "Lender"),
I promise to pay the Principal, of the Lender. I will make all payments under
plus interest, to the order this Note in
U.S. currency in the form of cash, check, money order, or other payment method accepted by Lender.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."

2. INTEREST
Interest will be charged on unpaid Principal until the full amount of the Principal has been paid. I will pay
interest at a yearly rate of 7. 990 %.
The interest rate required by this Section 2 is the rate I will pay both 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 a payment every month. This amount is called my "Monthly
Payment."
make my Monthly Payment on the 1st
I will day of each month beginning on October 1 ,
2022 . I will makethese 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 the Principal. If, on September 1, 2052 ,
I still owe amounts under this Note, I will pay those amounts on that date, which is called the Date."
"Maturity
I will make my Monthly Payments at 1720 HARRISONSTREET, 7TH FLOOR, HOLLYWOOD,
FLORIDA 33020
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My Monthly Payment will be in the amount of U.S. $ 6, 597. 61 . This payment amount
does not include any property taxes, insurance, or other charges that I may be required to pay each month.

4. BORROWER'S
RIGHTTO PREPAY
have the right to make payments of principal at any time before they are due. A payment of principal
I
only is
known as a "Prepayment." WhenI makea Prepayment, I will notify the Note Holder in writing that I am doing so.
I may not designate a payment as aPrepayment if I have not madeall the Monthly Payments then due under this Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
will use my Prepayments to reduce ine amount of Priticipal that I owe under this Note. However, the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my

NEWYORKFlX ED RATENOTE- Single Family ,A
Fannie Mae/Freddie Mac UNIFORMINSTRUMENT
Form 3233 07/2021 Page 1 of 4

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Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in
thedue date or in the amount of my Monthly Payment unless the Note Holder agrees in writing to those changes.

5. LOAN CHARGES
If applicable law sets maximumloan
charges, and that law is finally interpreted so that the interest or other loan
charges collected or to be collected with the loan exceed the permitted limits,
in connection then (a) any such loan
charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already
collected from methat 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 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 Monthly Payment. 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 methat if I do not pay the overdue
amount by a certain date, the Note Holder mayrequire meto pay immediately the full amount of unpaid Principal,
all the interest that I owe on that amount, and other charges due under this Note (the "Default Balance"). That date
must be at least 30 days after the date on which the notice is mailed to meor delivered by other means.
(D) No Waiver By Note Holder
If I am in default and the Note Holder does not require meto pay the Default Balance immediately as described
above, the Note Holder will still have the right to do so if I continue to be in default or if I amin default at a later
time.

(E) Payment of Note Holder's Costs and Expenses
Note Holder has required meto pay the Default Balance immediately as described above, the Note Holder
If the
will have the right to be paid back by mefor all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, attorneys'
for example, reasonable fees and costs.

7. GIVING OF NOTICES
(A) Notice to Borrower
Unless applicable method, any notice that must be given to meunder this Note will be
law requires a different
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. I will promptly notify the Note Holder of any
change to my physical address and of any change to my mailing address. Unless applicable law requires otherwise,
notice may instead be sent by e-mail or other electronic communication if agreed to by meand the Note Holder in
writing and if I have provided the Note Holder with my current e-mail address or other electronic address. If I have
agreed with the Note Holder that notice may be given by e-mail or other electronic communication, I will promptly
notify the Note Holder of any changes to my e-mail address or other electronic address.
(B) Notice to Note Holder
Any notice that I must give to the Note Holder under this Note will be delivered 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.

NEWYORKFlXED RATENOTE- Single Family
Fannie Mae/Freddie Mac UNIFORMINSTRUMENT .AgDocMa ic
Form 3233 07/2021 Page 2 of 4

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FILED: KINGS COUNTY CLERK 05/31/2024 10:03 AM INDEX NO. 515120/2024
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8. OBLIGATIONS OF PERSONSUNDERTHIS NOTE
Ifmore 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 madein 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 maybe 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" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.

10. UNIFORMSECURED
NOTE
This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections
given to the Note Holder under Note, a Mortgage, Mortgage Deed, Deed of Trust, or Security Deed (the
this

"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might
result if I do not keep the promises that I make in this Note. That Security Instrument also describes how and under
what conditions I may be required to make immediate payment of all amounts I owe under this Note. Someof those
conditions are described as follows:

Lender may require immediate payment in full of all SumsSecured if all or any part of the Property,
or if 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. However,
Lender will not exercise this option if such exercise is prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 19, Lender will give mea notice in
accordance with Section 16. The notice will give meat 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 mayact to enforce its rights under this Security Instrument without
giving me any further notice or demandfor payment and will be entitled to collect all expenses incurred
in pursuing such remedies, including, but not limited to: (a) reasonable attorneys' fees and costs; (b)
Lender'
property inspection and valuation fees; and (c) other fees incurred to protect s Interest in the
Property and/or rights under this Security Instrument.

NEWYORKFlXED RATENOTE- Single Family
FannieMae/Freddie Mac UNIFORMINSTRUMENT frDocMa 9 it
Form 3233 07/2021 Page 3 of 4

17 of 57
FILED: KINGS COUNTY CLERK 05/31/2024 10:03 AM INDEX NO. 515120/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024

WITNESSTHE HAND(S)ANDSEAL(S) OFTHEUNDERSIGNED.

CKY HA N -Borrower

Loan Originator: JAROSLAW KWIATKOWSKI,NMLSRID 404413
Loan Originator Organization: CROSSCOUNTRY
MORTGAGE,INC., BROOKLYN, NY
BRANCH, NMLSRID 16010 92

[Sign Original Only]

NEWYORKFIXED RATENOTE- Single Family
,kDocMagic
FannieMae/Freddie Mac UNIFORMINSTRUMENT
Form 3233 07/2021 Page 4 of 4

18 of 57
FILED: KINGS COUNTY CLERK 05/31/2024 10:03 AM INDEX NO. 515120/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024

ALLONGETO THE PROM

Case Info

Case No.

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Document Filed Date

May 31, 2024

Case Filing Date

May 31, 2024

County

Parties

Becky Halfon Defendant
John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein Defendant
New York City Environmental Control Board Defendant
PALERMO, VERONICA MARIE Attorney for the Plaintiff
Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as the Trustee of Imperial Fund Mortgage Trust 2022-NQM7 Plaintiff

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