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  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
  • New Residential Mortgage Loan Trust 2017-3 v. First Financial Equities, Inc., Touvi Assis A/K/A TOUVIA ASSIS Real Property - Other (Quiet Title Action) document preview
						
                                

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FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 EXHIBIT C FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------X INDEX NO.: 535010/2023 NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017- DATE FILED: 3, Plaintiff, SUPPLEMENTAL -v- SUMMONS FIRST FINANCIAL EQUITIES, INC., TOUVI ASSIS A/K/A TOUVIA ASSIS, if they be living and if they be dead, the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the Verified Complaint, Defendant(s), ------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an answer to the Complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty days after service is completed if the Summons is not personally delivered to you within the State of New York); and in case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis of the venue designated is the County of KINGS, as the Property that is the subject of this action is located in KINGS County, New York. Dated: ________ day of _____________, 2024 West Palm Beach, Florida ALDRIDGE PITE, LLP. ________________________________ By: Susan A West, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200 Melville, NY 11747 631-454-8059 FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------X INDEX NO.: 535010/2023 NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017- DATE FILED: 3, Plaintiff, VERIFIED COMPLAINT -v- FOR DECLARATORY JUDGMENT FIRST FINANCIAL EQUITIES, INC., TOUVI ASSIS A/K/A TOUVIA ASSIS, if they be living and if they be dead, the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the Verified Complaint, Defendant(s), ------------------------------------------X Plaintiff, by its attorneys, ALDRIDGE | PITE, LLP, complaining of Defendant(s), alleges: 1. This action is brought pursuant to Article 15 and Article 19 of the Real Property Actions and Proceedings Law to seek declaratory judgment. 2. The premises affected by this action is, at the time of the commencement of this action, and at the time of filing of this notice, situated in the County of KINGS, State of New York, Block: 7109 | Lot: 40, on the land and tax map of the County of KINGS, State of New York, more fully described in the annexed Schedule “A,” commonly known as and by 2136 East 7th Street, Brooklyn, NY 11223 (the “Property”) PARTIES 3. NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017-3 is the Plaintiff (hereinafter referred to as "Plaintiff"). At all times herein mentioned, Plaintiff was, and still is a corporation organized and existing under and by virtue of the laws of the United States of FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 America, and authorized to do business in the State of New York. 4. Defendant, FIRST FINANCIAL EQUITIES, INC., is the mortgagee of record for a certain Consolidated Mortgage encumbering the Property and recorded in the Office of the Clerk of the County of KINGS on March 6, 2003, in CRFN: 2003000036939. Defendant, FIRST FINANCIAL EQUITIES, INC., is no longer in business, having a former address of 25 Rockwood Place, Englewood, NJ 07631. 5. Defendant, TOUVI ASSIS A/K/A TOUVIA ASSIS, was, and remains, the record owner of the real property and improvements located at 2136 East 7th Street, Brooklyn, NY 11223 (the “Property”), and upon information and belief, is still a resident of the State of New York. STATEMENT OF FACTS 6. TOUVI ASSIS A/K/A TOUVIA ASSIS is the owner of the Property by virtue of a deed from Jacques Beida and Adele Beida, dated April 17, 2001, and recorded on May 7, 2001, in the Office of the KINGS County Clerk in Reel 5150, at Page 1119. A true and correct of said deed is attached hereto as Exhibit A. 7. On December 9, 2002, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Consolidated Note in the original principal amount of $455,000.00 in favor of FIRST FINANCIAL EQUITIES, INC. (the “Consolidated Note”). A true and correct copy of the Consolidated Note is attached hereto as Exhibit B. 8. To secure repayment of the Note, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Consolidation, Extension, and Modification Agreement, dated December 9, 2002, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST FINANCIAL EQUITIES, INC. encumbering the Property and recorded in the Office of FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 the KINGS County Clerk on March 6, 2003 in CRFN: 2003000036939 (the “Consolidated Mortgage”). A true and correct copy of the Consolidated Mortgage is attached hereto as Exhibit C. (The Consolidated Note and Consolidated Mortgage are collectively referred to herein as the “Loan”). 9. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST FINANCIAL EQUITIES, INC. assigned all of its rights, title and interest in the Consolidated Mortgage by way of an assignment executed June 17, 2009 to THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ASSET-BACKED CERTIFICATES, SERIES 2003-5T2 and recorded in the Office of the Clerk of the County of KINGS on October 6, 2009 in CRFN: 2009000323282 (“AOM 1”). A true and correct copy of AOM 1 is attached hereto as Exhibit D. 10. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR FIRST FINANCIAL EQUITIES, INC. assigned all of its rights, title and interest in the Consolidated Mortgage by way of an assignment executed September 23, 2009 to THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC ASSET-BACKED CERTIFICATES, SERIES 2003-5T2 and recorded in the Office of the Clerk of the County of KINGS on December 21, 2009 in CRFN: 2009000417666 (“AOM 2”). A true and correct copy of AOM 2 is attached hereto as Exhibit E. 11. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST FINANCIAL EQUITIES, INC., ITS SUCCESSORS AND ASSIGNS assigned all of its rights, title and interest in the Consolidated Mortgage by way of a Corrective Assignment executed May 31, 2019 to THE BANK OF NEW YORK MELLON FKA THE FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWMBS, INC., ALTERNATIVE LOAN TRUST 2003-5T2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-13 and recorded in the Office of the Clerk of the County of KINGS on January 7, 2020 in CRFN: 2020000006885 (the “Corrective AOM”). The purpose of the Corrective AOM is to correct the Assignee verbiage on AOM 1, recorded October 6, 2009 in CRFN: 2009000323282 and to replace AOM 2 recorded on December 21, 2009 in CRFN: 2009000417666. A true and correct copy of the Corrective Assignment is attached hereto as Exhibit F. 12. The Consolidated Note and Consolidated Mortgage consolidates two different loans given by TOUVI ASSIS A/K/A TOUVIA ASSIS. 13. On April 17, 2001, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Note in the original principal amount of $450,000.00 in favor of SI BANK & TRUST (“Note 1”). A true and correct copy of Note 1 is attached hereto as Exhibit G. 14. To secure repayment of Note 1, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Mortgage, dated April 27, 2001, in favor of SI BANK & TRUST encumbering the Property and recorded in the Office of the KINGS County Clerk on May 7, 2001in Liber 5150, at Page 1122 (“Mortgage 1”). SI BANK & TRUST F/K/A STATEN ISLAND SAVINGS BANK assigned all of its rights, title and interest in Mortgage 1 by way of an assignment executed December 9, 2002 to FIRST FINANCIAL EQUITIES, INC., ITS SUCCESSORS AND/OR ASSIGNS and recorded in the Office of the Clerk of the County of KINGS on March 6, 2003 in CRFN: 2003000036937. A true and correct copy of Mortgage 1 and the Assignment are attached collectively hereto as Exhibit H. (Note 1, Mortgage 1 and the Assignment are collectively referred to herein as “Loan 1”). FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 15. On December 9, 2002, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Note in the original principal amount of $10,614.81 in favor of FIRST FINANCIAL EQUITIES, INC. (“Note 2”). A true and correct copy of Note 2 is attached hereto as Exhibit I. 16. To secure repayment of Note 2, TOUVI ASSIS A/K/A TOUVIA ASSIS, executed a Mortgage, dated December 9, 2002, in favor of FIRST FINANCIAL EQUITIES, INC. encumbering the Property and recorded in the Office of the KINGS County Clerk on March 6, 2003 in CRFN: 2003000036938 (“Mortgage 2”). A true and correct copy of Mortgage 2 is attached hereto as Exhibit J. (Note 2 and Mortgage 2 are collectively referred to herein as “Loan 2”). 17. Upon information and belief, on or about March 23, 2006, the Consolidated Note and all rights and title thereto, was transferred to the Plaintiff by FIRST FINANCIAL EQUITIES, INC., by actual delivery of the original Note to the custodian for the Plaintiff. 18. An assignment of mortgage memorializing this transfer was not recorded and cannot now be found; a duplicate assignment is not possible because the original lender is no longer in business. The Plaintiff remains in possession of the original collateral file which includes the original Note. 19. Upon information, belief, and review of company records, on or about January 7, 2022, the Mortgage was paid in full by the borrower. See Exhibit K. 20. FIRST FINANCIAL EQUITIES, INC. dissolved on January 26, 2011. A true and correct copy of the New York State Secretary of State Business Search is attached hereto as Exhibit L. 21. Upon information and belief, no other person or entity has any present actual or potential right, title or interest, legal or equitable, in the Mortgage. FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 COUNT 1: DECLARATORY JUDGMENT 22. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “21” above with the same force and effect as if set forth at length herein. 23. Plaintiff has an equitable interest in the Mortgage. 24. This declaratory action is necessary because upon information and belief the mortgage loan has been paid off, and must be released. 25. Plaintiff cannot obtain an assignment from FIRST FINANCIAL EQUITIES, INC. because it is no longer in existence (Exhibit L). 26. Upon information and belief, other than Plaintiff, no other person or entity claims an interest as the secured party under the Consolidated Mortgage. 27. Therefore, Plaintiff is entitled to declaratory relief from this Court, in the form of a declaration to be recorded in the land records, declaring that (i) FIRST FINANCIAL EQUITIES, INC. and its successors and assigns (other than the Plaintiff) retain no rights or interest in and to the Consolidated Mortgage, and (ii) that Plaintiff and its successors and/or assigns shall thereafter be considered the mortgagee of the Consolidated Mortgage for all legal purposes. 28. Plaintiff has no adequate remedy at law and therefore seeks the equitable relief requested herein. COUNT 2: DECLARATORY JUDGMENT 29. That Plaintiff repeats and re-alleges each and every allegation contained in paragraphs “1” through paragraphs “28” above with the same force and effect as if set forth at length herein. FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 30. Plaintiff has an interest in the Property by virtue of being the equitable owner of the Loan. 31. Upon information and belief, the Loan has been paid in full. 32. Upon information and belief, a discharge of mortgage was not recorded as Plaintiff is unable to obtain an assignment of mortgage from FIRST FINANCIAL EQUITIES, INC., because it is no longer in business (Exhibit L). 33. Defendant mortgagee of record, FIRST FINANCIAL EQUITIES, INC., dissolved on January 26, 2011 (Exhibit L). 34. Upon information and belief, other than Plaintiff, no other person or entity claims an interest as the secured party under the Loan. 35. This action is necessary because, upon information and belief, the Loan was paid off, and the Consolidated Mortgage must be discharged of record. 36. Plaintiff has no adequate remedy at law and therefor seeks the relief requested herein. 37. Upon information and belief, the judgment in this action will not affect persons not yet in being or ascertained at the commencement of this action who, by any contingency contained in a devise, grant or otherwise, could afterward become entitled to a beneficial estate or interest in the premises. 38. Upon information and belief, the Defendant was a corporation or company, and no person or entity named herein is an infant, is mentally retarded, is mentally ill, or is an alcohol abuser. 39. Upon information and belief, all person in being who would have been entitled to a beneficial estate or interest in the premises by virtue of any contingency contained in a devise, FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 grant or otherwise, if such event had happened immediately before the commence of this action, are parties to this action. 40. No personal claim is made against any party to this action except any party that shall assert a claim adverse to the claim of Plaintiff as set forth in this Complaint. 41. Therefore, Plaintiff, pursuant to Article 19 of the Real Property Actions and Proceedings Law, is entitled to an Order deeming the Consolidated Mortgage discharged of record and compelling the County Clerk of KINGS to record the Order in the land records with the Office of the County Clerk of KINGS. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: A. Order, confirm, and ratify, nunc pro tunc, the transfer of rights contained in the Consolidated Mortgage given to FIRST FINANCIAL EQUITIES, INC., dated December 9, 2002, and recorded in the Office of the Clerk of the County of KINGS on March 6, 2003, in CRFN: 2003000036939, were transferred to Plaintiff; B. Determine and declare that FIRST FINANCIAL EQUITIES, INC. has no further interest in the Property, and that full right, title and interest, in the Consolidated Mortgage vested in Plaintiff; C. Determine and declare the superior and exclusive rights which Plaintiff has in the Consolidated Mortgage, and that any right or interest FIRST FINANCIAL EQUITIES, INC. may have retained in the Consolidated Mortgage are subordinated, transferred to, and vested in Plaintiff and its successors and/or assigns; and D. Declare the Consolidated Mortgage dated December 9, 2002, and recorded in the Office of the Clerk of the County of KINGS on March 6, 2003 in CRFN: FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 2003000036939, discharged of record and directing the Clerk of the County of KINGS to record the Order declaring the Consolidated Mortgage discharged; or in the alternative E. Determine and declare that Plaintiff has the right, title and interest in the Consolidated Mortgage to file a Discharge of Mortgage with the Office of the Clerk of the County of KINGS; and F. Grant such other relief as the Court may determine proper. Dated: ________ day of _____________, 2024 West Palm Beach, Florida ALDRIDGE PITE, LLP. ________________________________ By: Susan A West, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200 Melville, NY 11747 631-454-8059 FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 VERIFICATION State of: ) County of: ) ______________________________, being duly sworn, deposes and says: That he/she is a(n) _____________________________ of NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017-3, the Plaintiff in this action. I have read the foregoing Complaint and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters, I believe them to be true. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of these papers or the contentions therein are not frivolous as defined in Subsection (c) of Section 130-1.1 of the Rules of the Chief Administrative Judge (22 NYCRR). ______________________________ Name: Title: UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State) The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ____ day of ________________ 20___, by ______________________________ as_________________________________________ of NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017-3, by its attorney-in-fact PHH Mortgage Corporation, who is personally known to me or who has produced _____________________ as identification. ____________________________ Signature of Notary Public Name of Notary Public: ______________________ Notary Commission Expiration Date: ___________________ Personally known:_________ OR Produced Identification:__________ Type of Identification Produced:________ FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X INDEX NO. 535010/2023 NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017-3, CERTIFICATE OF Plaintiff, CONFORMITY -v- FIRST FINANCIAL EQUITIES, INC., TOUVI ASSIS A/K/A TOUVIA ASSIS, Defendant(s), ----------------------------------------------X STATE OF ) ) ss.: COUNTY OF ) The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the state of _______________ and presently residing at _______________County in the State of ____________________; that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of _____________ pertaining to the acknowledgement or proof of deeds or real property to be recorded therein; that the foregoing acknowledgment by ___________________ named in the foregoing instrument taken before ____________________, a notary public (or other officer) was taken in the manner prescribed by such laws of the State of___________________, being the state in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. Witness my signature this ___ day of __________________, 20__. Attorney-at-Law for the State of_______ Member of Florida Bar Bar Number: FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 EXHIBIT A FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 A snay a t t\ c.. amanocuume nes rees reams ese t or tus sustwanna mes use"masseamana (O O n --... v e s Ar 19 2 h £4s+ att ra sda...·" 1 aÖmo a ss 2\9MF Ado14 da.- ed AM a 45 7 B '7 Y* s+. Artx A 3 -.m., mine Tir)t Jo / Ac;s % '/dl No/ / 6 rd T ommavens armessememonumemesemmaunwarr "a*'**" arms.- 04030 SABAma- mamme aree WE.A Yestenament masave"M.--- vasO noQ 4 EggyJr ..--.» tw 4 ....- (s) t"= - M mammem 3 me-mn.....er- commygnmeg..... 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NO. 20 RECEIVED NYSCEF: 06/11/2024 O STATEOF NtMr CF COUNTY Jahmond n· or Newvens.cowetv or . . e.±oamrov5ti ,inum,eari-.vmm.nd.ed " aver m: .nese.etw.aeme-mmy rivieengereme.me anetary putashi mndforeaks mandate a shan. personany 'tt..acknonda%se sist exedmondmasame. personagy teemn to meer anwed the timeta of satedmsary evhteene to be thmintlMdualM whosonameMIs (ara) sult tribtd tothetitbInInstrument andselmontedgeste am Set harshethsF executed the same in B1sthentastr capaceydout, and mal by Naheatheir signzBue00 on as STATEOPNEWYditK.COlJNTYOF se: en the dayor .2000, teammapesonaur insimnent GmindMikaltsh cr the pommeupon behalf of came . tRs 80tcribing attmast to the winch go huthtdael04 eded, anacuted tim Instrument twegaldpinstruinentmtlhthstatsmpersonaGracquaintee; atio, telag tip nie atAr snout did epose sas any ast no tesidesst NIL : aggae hmMs10116thoindMdust mesensinaneanoeaevisemeavenonionemeann es (^ tu, agie av9scilhitig attest mappresent sad ass . enacutsthesarmnupsthethm.undemMause.stthessmetans .., 2 (2 , , subsodbesthis annie tenatmasiulatensthesets. cm BARGAINANDSAL E DEED vwrucovener asesT GRMTtWSACTS REDACTED 88C888 21 Block 710s JACAUSSBEIDAandADEt,g SillDAMnwith 1.st 40 East?" 8tmet ascetips,New fark To RER tMAY14A1410 Moshe w son. 1901 81sth Awanse- Suba2403 NewYorfr,New York .018 FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 EXHIBIT B FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 C 480LIDATED CERTFIED1RUECOPY This amends and re at ates in their Mot;e entirety, and is given in _substitution for. the Notes described in Exhibit A of the NewYork Consolidatian, Extension , and Nodificatica Ågreement dated same data as this Nets. (Deal (¤UI lamal December 9 , 2002 MONSEY Bew 1fork 2US EAST 7TH STREET , Brooklya , NWU223-- (Fapaty Addrm) l. BORR9WER'S PROMIStT0 PAY In reura for a loan that Ehave receive( 1promise to pay U.S. 3 455, 000.00 (this mmauntis called "Priadpal"1, phfsinterest,,to dgeorder of the Lander. The Lander is Firs t Pittancial Eq ities , Inc . , a New York Corporation Ewin makean ysymoute ander this Note In the form of cash, check er aspay enhr. 1 undernmod the the Lamict mayanasftr Gds Nok The Leader or sayens whototes this Nose by transfer and whois entitled to active payments under this Note is caBed Ge "Note Holder." L BfTEREST Interest eiH be chaged on sqpaid principal until the feU smount of Prlacipal has been paid. I win pay kssesst at a yearly rate of 6. 8750 The interest raterequired by this Section 2 is the rate Iwin pay bath berate and after any doAndt described in Section 6(B) of this Nate. 3, PAYAIENTS (A) That sed Place of Payments I will pmy principal and itesset by anaking a payment every monet I will male ary nmnthly smpnent na the 1st dig of each senth beginning on Pebruary 1, 2003 . I wUI nake these payagenm every month until I have paid aHof the principalsod interest and any other charges desaibed below that I mayemt gadce this Note. Ba:h monthly pmpment will be applied es of in scheduled due date sad wm be appiled to interest before Principal. 16 on Janpary a , assa , 1stin oweanketmts ander thim Note, I wilt pay these amowsts in fuU en that date, which ja called the "Maturity Dese I will makemy inanthly paymenaat as Raciewood Place Englewood, NJ 07631 or at a diNarent place ifrequired by the Note Holder. Øt) Azzoant of Monthly Payments Mymonthly payment win be in the amozerof U.S. 52,989 .03 4. BORROWER'5 RIGHTTOPREPAY I have dueright mmakepayments of Prindpalat any thne before rbey are dat A payment of Principal only is known as a *Prepayment" WhenI makea hapayment, I wiD taH the Note Holder in writing the I nmdoing so. I nay not designats a payment as a Prepayment if I have act made all the toonthly payments due ander the Note. I maymakea thil Prepayment or partial Prepayments without paying a Prepaymmentc The Note Nolder win use my Prepaymena to reduce the amount of Principal that I ows under this Note. Neuever, the Note Holder may apply mw' Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Pr syment to reduce the Priceipal meanntof the Notr. If I make a pardal Prepayment, there wlU be mech"nfa in the des does or in the smosmtof my inouhly payment unless the Note Holder agrees in wsfting to those changer REDACTED 0 mur vonn exes aATEmorsesse r Fanessseememanmas popons ma$Teansert 4NtN1) meang Fenn 3233 its wewannummmes,anapaonni Peggg d 3 Mwas httems FILED: KINGS COUNTY CLERK 06/11/2024 02:32 PM INDEX NO. 535010/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/11/2024 5, LOANCHARGES If a leg which applies to this loan and which sets analanxn lean chuses, is 6astly interpreted so ther the intnest ar o4er lost sheqp:s selbered or to be coHected in cosamation with this loan ~=d the pennitsed lhnits. then: (s) any such loan clerge shan be reduced by the emeant =""""ry to reduce the charge to the penuitted limiti eiid (b) any smanaheady conectal funn ne which exceeded permitted limits win be remndedto ec. The Nott Rohler maychoosa to nake dais refbad Principal I owe under this Note or by seducing che by making a dircut paymentto me. Ita reamd reduces Principal, the reduction wiU be treated as a partial Prepayment 6. BORROWER's FAILURETOPAYAS REQUHtED (A} Late Charge for Ourdue Payments If the Note Holder has not received the full amouotof any momedypaymget by the and of 15 calendar days . aner the damit is due, I win pn a Isecharge to theNote Holder. The amount of the charge will be a.ocoa of % myoverdue payment of principal and intregt I will pay this Inte charge prompsy but only once on each late payment. (s) Detants If I do not pay abc fun amount ofench monthly payment an the date it is dus, I win be in default (C) Notice of Defealt If I amin default. the Note Holder may send ate a written notice telHag,ne due If I do nor pay the everdue smount a termin dam, the Note Holder ony require meto by pay immediaidy the thu amassof Principal which has not been paid and an the interest Art I one on that amount Tbst drie aust be st leam 30 days nfler the date on which the antice is tamiled to ene or delivered by other means. (D)NoWaiver By Note Bolder Even %at a time when I amin defa6r, the NemeHokfer does not require me to pay immediately in fun as described above, the Note Holder wRI stin have the tight to do so if I emin deflmit at a later tene.. (E) Paymensof Note Holder's Costs sed Expenses Nthe Note Holder has required ate to pay imm±Entely in fuB as described abo¾ the Note Holder win beve the right to be paid back by mefor sM of Rs costa and expenses in safetcing this Note to the extent not prohibited by spplinutde law. Those expeason inchair, for example, -easonable sterneyt fees. L crvzNG 0F NOffCggs Unless applicable Ism requhes a different racibodL any solice that must be given to meunder this.Note will be given by deHwering it or by mailing ft by first class resil to see at the Property Address above or st a disgrant address if 1 give the Note Holder a notice of mydithreat addrest Any notice that anst be given to ths Note Holder under this Note will be given by delivering it ar by mailing it clusa mail to the Note Holde at the address stanxI in Section