Preview
FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------xIndex #: S1006/2017
U.S. Bank National Association as Indenture Trustee for CIM
Trust 2015-2AG Mortgage-Backed Notes, Series 2015-2AG,
Plaintiff, AFFIDAVIT
-against-
Dorothy A. Condro a/k/a Dorothy Condro, Nicholas P. Condro
a/k/a Nichols Condro, Household Finance Realty Corporation of
New United States of America - Internal Revenue Service
York,
#1"
and "JOHN DOE through "JOHN DOE #10", the lastten
names being fictitious and unknown to the plaintiff,the person
or parties intended being the persons or parties, ifany, having
or claiming an interest in or lien upon the Mortgage
premises described in the Complaint,
Defendants.
-------------------------------------------x
STATE OF TEXAS )
) ss.:
COUNTY OF DENTON )
Talya Harris , being sworn, deposes and says:
duly
1. I am employed as a Document Execution Specialist of Nationstar Mortgage LLC
("Nationstar"), the servicer of the mortgage loan that is thesubject of this action (the "Mortgage
Loan"
Loan"). I have personal knowledge of the facts contained in this Affidavit by virtue of my position
at Nationstar, my familiarity with Nationstar's processes and based upon my review and analysis of
the relevant business records and other documents of Nationstar referenced and attached herein.
WhilemanyofNationstar's processes are automated, the information manually entered byNationstar
employees relating to loans on those systems isbased upon personal knowledge of the information
and entered intothe system at or near the time ofthe knowledge was acquired. These computerized
records arc crcatcd and maintained in the regular course of its business as a loan servicer and
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Nationstar relies on the records in the ordinary course to conduct itsbusiness as a loan servicer. I
am duly authorized to execute this Affidavit on behalf of Nationstar in support of Nationstar's
application for Summary Judgment and the appointment of a Referee.
2. Nationstar as agentfor Plaintiff,has physical possessionofthe originalNoteendorsed
in blank. Plaintiff came into possession of the original note on August 10, 2015 which isa date prior
to the commencement of the action. A true copy of the original note in Nationstar's possession is
attached as Exhibit A.
3. A true copy of the original recorded Mortgage assigned to Plaintiff is attached as
Exhibit B.
4. After the commencement of the foreclosure action, the Mortgage attached as Exhibit
was assigned to Nationstar. A copy of the recorded assignment of mortgage isattached as Exhibit
C.
5. The Mortgage loan is in default and is due for the June 01, 2015 payment and all
subsequent payments. The amount due and owing under the terms of the note and mortgage
is$304,382.15.
6. The business records show that notice ofdefault lettersdated September9, 2016were
mailed to Defendants Nicholas P. Condro and Dorothy A. Condro on September 9, 2016 via first
class mail addressed to Nicholas P. Condro and Dorothy A. Condro at their mailing address: 56
Hommocks Rd., Larchmont, NY 10538-3947, which notices advised each Defendant ofthe default,
in accordance with the provisions of the Mortgage. Copies the demand letters arcattached hereto as
Exhibit D. . According to the business records that I reviewed, the Borrowers have not cured the
default.
7. According to the business records I have reviewed, thc 90-day notices required
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by statute, in at least 14 point type, dated September 9, 2016 were served via FirstClass Mail on
September 9, 2016 to the last known mailing address, addressed to: Nicholas P. Condro at: 771
North Barry Avenue, Mamaroneck, NY 10543, First Class Article Number: 2312365130; Dorothy
A. Condro, 771 North Barry Avenue, Mamaroneck, NY 10543, First Class Article Number:
2312365132; by Certified Mail to the last known mailing address, to: Nicholas P. Condro at:771
North Barry Avenue, Mamaroneck, NY 10543, Certified Mailing Number-9307 1100 1170 0881
4874 06, to Dorothy A. Condro, 771 North Barry Avenue, Mamaroneck, NY 10543, Certified
Mailing Number-9307 1 100 1170 0881 4874 20, and tothe property address by First Class Mail to:
Nicholas P. Condro, 56 Hommocks Road, Larchmont,New York 10538, First Class Article Number:
2312365 I29; Dorothy A. Condro, 56 Hommocks Road, Larchmont, New York 10538, First Class
Article Number: 231236513); and by Certified Mail, to Nicholas P. Condro, 56 Hommocks Road,
Larchmont, New York 10538, Certified Mailing Number-9307 1100 1 170 0881 4873 90, and
56Hommocks Larchmont,NewYork Certified MailingNumber-
Dorothy A.Condro, Road, 10538,
9307 1100 1170 0881 4874 13. Said notices comply with allstatutory requirements. These letters
were sent in separate envelopes from any other mailing or notice and were accompanied by a listof
housing counseling agencies as required by statute. True copies of the 90-day notices sent to
Defendants and the Trackright Transaction Reports evidencing the certifiedand firstclass mailing
of the 90-day notices are attached collectively as Exhibit E.
8. According to the business records 1 have reviewed, thisnotice was mailed before the
commencement ofthis proceeding, Within three(3) business days thereafter, therequired filingwith
the New York State Department of Financial Services was made and confirmation number of
of'
NYS4070698 for Nicholas Condro and for Dorothy Condro duly issued. Copies of the 90 day
notices together with proof of filingare collectively annexed hereto as Exhibit F.
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9. Despite thenotices sent to Defendants, the default was never cured . Therefore, this
action was commenced to recover the entire unpaid principal balance together with interest and
attorneys'
disbursements, including reasonable fees and costs allowable under the terms of the
Mortgage Loan.
Nationstar Mortgage LLC
(7D&~
(7&&~
Af ant Signature
Talya Harris
Affiant Printed Name
Document Execution Specialist
Affiant
~l Title
I JAlll
I ll%C
JURAT
August 04
Before me, a notary public, on , 2017 , personally appeared
Talya Harris , known to me to be the person whose name is subscribed to the
foregoing document and, being by me firstduly sworn, declared that the statements therein
contained are true and correct.
.
NUGH ZHAO
Stoteof Texas
Public's re NeforyPublic,
Notary 2-15-2019
=.:$g;„'- Comm. Expi.ses I
(Personal sea;
lflil lllt
lll>
Iftil
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UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
(Must sign in addition to Jurat ifsigned outside ofNew York State)
State of Texas
County of Denton
of'
On the 04 of August in the year of 201 7 before me, the undersigned,
day
personally appeared Talya Harris , personally known to me or proved to me
on the basis of satisfactory evidence to be the in ividual whose niñicis subscribed to the within
instrument and acknowledged to me that he/ Te xecuted same in his/@1apacity and that by
his/her signature on the instrument, the individual, orthe person upon behalfof which the individual
acted, executed the instrument, and that such individual made such appearance before the
undersigned in the State of Texas , County''
J of Denton
Notary Pu,1ic ~""
iiillrrrr HUGH ZHAO
n"..' a' ''.,< SiOte or Texas
public,
. rr = Notory
<'~:.'"="
'.74+ ti=" Comm.Expkes 12-15-20i9
-~'.
' tD
1' 1.'H2~8105
128628~O>
"rilr! IiitNotafy
Morally
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Document drafted by and
RECORDING REQUESTED BY:
Nationstar Mortgage, LLC
4000 Horizon Way
Irving, TX 75063
SPACE ABOVE THIS L[NE FOR RECORDER'S OSE
LIMITED POWER OF ATTORNEY
"Trusts"
The trusts identified on the attached Schedule A (the "Trusts"), by and through
U.S. Bank National Association, a national banking association organized and existing under
the laws of the United States and having an office at 190 S. La Salle Street, MK-lL-SL7R,
(" Trustee"
Chicago, IL 60603, not in its individual capacity but solely as Trustee ("Trustee"), hereby
constitutes and appoints Nationstar Mortgage, LLC ("Servicer"), and in its name, aforesaid
Attorney-In-Fact, by and through any officer appointed by the Board of Directors of Servicer, to
execute and acknowledge in writing or by facsimile stamp all documents customarily and
reasonably necessary and appropriate forthe tasks described in the items (1) through (12) below;
provided however, that (a) the documents described below may only be executed and delivered
by such Attorneys-In-Fact if such documents are required or permitted under the terms of the
related servicing agreements, (b) allactions taken by Servicer pursuant to this Limited Power of
Attorney must be in accordance with Federal, State and local laws and procedures, as applicable
and (c) no power is granted hereunder to take any action that would be either adverse to the
interests of or be in the name of U.S. Bank National Association in itsindividual capacity. This
Limited Power of Attorney is being issued in connectioïi with Servicer's responsibilities to
"Loans"
service certain mortgage loans (the "Loans") held by the Trustee. These Loans are secured by
collateral comprised of mortgages, deeds of trust, deeds to secure debt and other forms of
Instruments"
security instruments (collectively the "Security Instrumen'ts") encumbering any and all real and
"Property"
personal property delineated therein (the "Property") and the Notes secured thereby. Please refer .
to Schedule A attached hereto.
l. Demand, sue for,recover, collect and receive each and every sum of money, debt, account
and interest (which now is, or hereafter shall become due and payable) belonging to or
claimed by the Trustee, and to use or take any lawful means for recovery by legal process
or otherwise, including but not limited to the substitution of trustee serving under a Deed of
Trust, the preparation and issuance of statements of breach, notices of default, and/or .
notices of sale, accepting deeds in lieu of foreclosure, evicting (to the extent allowed by
federal, state or local laws) foreclosing on the properties under the Security Instruments by
judicial or non-judicial foreclosure, actions for temporary restraining orders, injunctions,
appointments of receiver, suits for waste, fraud and any and allother tort, contractual or
verifications in support thereof, as may be necessary or advisable in any bankruptcy action,
stateor federal suit or any other action.
2. Execute and/or file such documents and take such other action as is proper and necessary to
defend the Trustee in litigation and to resolve any litigation where the Servicer'%as an
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NYSCEF DOC. NO. 25 I RECEIVED NYSCEF: 04/04/2018
obligation to defend the Trustee, including but not limited to dismissal, termination,
cancellation, rescission and settlement.
3. Transact business of any kind regarding the Loans, as the Trustee's act and deed, to
contract for, purchase, receive and take possession and evidence of title in and to the
Property and/or to secure payment.of a promissory note or performance of any obligation or
agreement relating thereto.
4. Execute, complete, indorse or file bonds, notes, mortgages, deeds of trust and other
contracts, agreements and instruments regarding the borrowers and/or the Property,
but not limited to the execution of estoppel financing.
including certificates, statements,
continuation statements, releases, satisfactions, reconveyances, assignments, loan
modification agreements, payment plans, waivers, consents, amendments, forbearance
agreements, loan assumption agreements, subordination agreements, property adjustment
agreements, management agreements, listing agreements, purchase and sale agreements,
short sale transactions and other instruments pertaining to mortgages or deeds of trust, and
execution of deeds and associated instruments, if any, conveying the Property, in the
interest of the Trustee.
5. Endorse on behalf of the undersigned allchecks, drafts and/or other negotiable instruments
made payable to the undersigned.
6. Execute any document or perform any act in connection with the administration of any PMI
policy or LPMI policy, hazard or other insurance claim relative to the Loans or related
Property.
7. Execute any document or perform any act described in items (3), (4),and (5) in connection
with the termination of any Trust as necessary to transfer ownership of the affected Loans
to the entity (or its designee or assignee) possessing the right to obtain ownership of the
Loans.
8. Subordinate the lien of a mortgage, deed of trust, or deed or other security instrument to
secure debt (i) for the purpose of refinancing Loans, where applicable, or (ii) to an
easement in favor of a public utilitycompany or a government agency or unit with powers
of eminent but not limited. to the execution of partial satisfactions and
domain, including
releases and partial reconveyances reasonably required for such purpose, and the execution
requests to the trustees to accomplish the same.
9. Convey the Property to the mortgage insurer, or close the titleto the Property to be acquired
Property"
as real estate owned, or convey titleto real estate owned property ("REO Property").
10. Execute and deliver any documentation with respect to the sale, maintenance, preservation,
renovation, repair, demolition or other disposition, of REO Property acquired through a
foreclosure or deed-in-lieu of foreclosure, including, without limitation: permits,
remediation plans or agreements, certifications, compliance certificates, health and safety .
certifications, listing agreements; purchase and sale agreements; grant / limited or special
warranty / quitclaim deeds or any other deed, but not general warranty deeds, the
causing
transfer of titleof the property to a party contracted to purchase same; escrow instructions;
and any and alldocuments necessary to effect'the transfer of REO Property.
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of'
I l. Servicer has the power to execute additional limited powers of attorney and delegate the
authority given to it by U.S. Bank National Association, as Trustee, under the applicable
servicing agreements for the Trusts listedon Schedule A, attached.
12. To execute, record, fileand/or deliver any and all documents of any kind for the purpose of
fulfillingany servicing duties, including but not limited to those listed in subparagraphs (I)
through (1 l),above, where Trustee's interest isdesignated, stated,characterized as or
includes any reference10 one or more of the following: "Indenture Trustee", "Owner
Trustee" to"
Trustee", "Successor Trustee", "Successor in Interest","Successor "Successor by
"Custodian/Trustee"
Merger", "Trustee/Custodian", or other similar designation.
Trustee also grants unto Servicer the full power and authority to correct ambiguities and errors in
documents necessary to effect or undertake any of the items or powers set forth in items (1)to
(12), above.
In addition to the indemnification provisions set forth in the applicable servicing agreements for
the Trusts listedon Schedule A, attached, Servicer hereby agrees to indemnify and hold the
Trustee, and itsdirectors, officers, employees and agents harmless from and against any and all
liabilities,obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or
disbursements of any kind or nature whatsoever incurred by reason or result of the misuse of this
Limited Power of Attorney by the Servicer. The foregoing indemnity shall survive the
termination of this Limited Power of Attorney and the related servicing agreements or the earlier
resignation or removal of the Trustee for the Trusts listedon Schedule A.
12"'
Witness my hand and seal this day of May, 2016.
NO CORPORATE SEAL . On Behalf of the Trusts, by
U.S. Bank National Association, as Trustee
By:
g'
ess: Anita . Wells Jose A. Çf arza, Vice P i ent
Witness: Millard F. Southern Edward W. Przy r., , Ass
. Vice President
Attest.
ary Ann R. Turbak, Trust Officer
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CORPORATE ACKNOWLEDGMENT
State of Illinois
County of Cook
12*
On this 12 day of May, 2016, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Jose A. Galarza, Edward W. Przybycien Jr.and Mary
Ann R. Turbak, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the persons who executed the within instrument as Vice President, Assistant Vice
President, and Trust Officer, respectively of U.S. Bank National Association, a national banking
association, and acknowledged to me that such national banking association executed the within
instrument pursuant to itsby4aws or a resolution of itsBoard of Directors.
WITNESS my hand ici seal
Signature:
ChfigdjTher L Nuxoll OFFICIAL SEAL
CHRISTOPNERJ NUXOLL
Notary Public - State at !llinois
My commission expires: 4/15/20 l8 My CoramissionExpires Apr
f 5, 2018 I
l,t
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SCHEDULE A
U.S. Bank National Association as Indenture Trustee for
BAYVlEW FINANCIAL REVOLVING ASSET TRUST 2005-E
1
CIM Trust2015-4AG Mortgage-Backed Notes,Series 20154AG
2
ClM Trust2015-3AG Mortgage-Backed Notes,Series 2015-3AG
3
CIM Trust2015-2AG Mortgage-Backed Notes,Series 201S-2AG
4
CSMC Trust 2014-CIM1 Mortgage-Backed Notes,Series2014-CIM1
5
MerriH LynchMortgage InvestorsTrust,Mortgage Loan Asset-BackedNotes,Series2005-A9
NEW RESIDENTIAL MORTGAGE LOAN TRUST 2014-1 MORTGAGE-BACKED NOTES, SERIES 2014-1
7
RESIDENTIAL LOAN TRUST 2008-AH1 MORTGAGE-BACKED NOTES, SERIES 2008-AH1
SASCO MORTGAGE LOAN TRUST 2003-GEL1 MORTGAGE BACKED NOTES, SERIES 2003-GEL1
9
SASCO Mortgage Loan Trust2004-GEL2 Mortgage Backed Notes, Series 2004-GEL2
SASCO MORTGAGE LOAN TRUST 2004-GEL3 MORTGAGE BACKED NOTES, SERIES 2004-GEL3
11
SpringleafMortgage Loan Trust2011-1
SpringleafMortgage Loan Trust2012-1
SpringleafMortgage Loan Trust2012-1 Mortgage-Backed Notes,Series 2012-1
14
SpringleafMortgage Loan Trust2012-2 Mortgage-Backed Notes,Series 2012-2
15
SpringieafMortgage Loan Trust2012-3, Mortgage-Backed Notes,Series 2012-3
SpringleafMortgage Loan Trust2013-1, Mortgage-Backed Notes,Series2013-1
SpringleafMortgage Loan Trust2013-2, Mortgage-Backed Notes,Series 2013-2
SpringleafMortgage Loan Trust2013-3, Mortgage-Backed Notes,Series2013-3
StructuredAsset Mortgage InvestrnentsII Inc. Lurninent
Mortgage Trust2005-1, Mortgage-Backed Notes,Series
20
2005-1
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP1, SERIES 2003-NP1
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP2, SERIES 2003-NP2
STRUCTURED ASSET SECURITIES CORPORATION ASSISTANCE LOAN TRUST 2003-AL1, SERIES 2003-AL1
23
STRUCTURED ASSET SECURITIES CORPORAT!ON ASSISTANCE LOAN TRUST 2003-AL2, SERIES 2003-AL2
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I
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2002-NP1, SERIES 2002-NP1
25
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP3, SERIES 2003-NP3
26
Structured AssetSecuritiesCorporationMortgage Loan Trust2003-NP3
27
Structured AssetSecuritiesCorporationMortgage Loan Trust2004-NP1
Structured Asset Securities
CorporationMortgage Pass-Through Series
Certificates, 2004-NP2
29
Structured Asset Securities
CorporationMortgage Pass-Through Series
Certificates, 2004-NP1
30
TERWIN MORTGAGE TRUST 2005-11ASSET-BACKED SECURITIES, 5ERIES 2005-11
32
Thornburg Mortgage Securities
Trust 2007-1 Mortgage-Backed Notes,Series2007-1
Thornburg Mortgage Securities
Trust 2007-2 Mortgage-Backed Notes,Series 2007-2
Thornburg Mortgage Securities
Trust 2007-3 Mortgage-Backed Notes,Series2007-3
(Carai'nued ers nautpape)
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K
U.S. Bank National Association as Trustee for
ADJUSTABLE RATE MORTGAGE TRUST 2004-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
1
CERTIFICATES, SERtES 2004-1
ADJUSTABLE RATE MORTGAGE TRUST 2005-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
2
CERTIFICATES, SERIES 200S-3
ADJUSTABLE RATE MORTGAGE TRUST 2005-5 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
3
CERTIFICATES, SERIES 2005-5
ADJUSTABLE RATE MORTGAGE TRUST 2005-7 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
4
CERTIFICATES, SERIES 2005-7
5
AWSW M WWE2005MMW M WEmhD MS-WE
CERTIFICATES, SERIES 2005-9
ADJUSTABLE RATE MORTGAGE TRUST 2006-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
6
CERTIFICATES, SERIES 2006-1
ADJUSTABLE RATE MORTGAGE TRUST 2006-2 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-2
ADJUSTABLE RATE MORTGAGE TRUST 2006-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
8
CERTIFICATES, SERIES 2006-3
ADJUSTABLE RATE MORTGAGE TRUST 2007-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
9
CERTIFICATES, SERIES 2007-1
ADJUSTABLE RATE MORTGAGE TRUST 2007-2 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
10
CERTIFICATES, SERIES2007-2
ADJUSTABLE RATE MORTGAGE TRUST 2007-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH
11
CERTIFICATES, SERIES 2007-3
AMERICAN GENERAL MORTGAGE LOAN TRUST 2009-1, AMERICAN GENERAL MORTGAGE PASS-THROUGH
12
CERTIFICATES, SERIES 2009-1
AMERICAN GENERAL MORTGAGE LOAN TRUST 2010-1, AMERICAN GENERAL MORTGAGE PASS-THROUGH
13
CERTIFICATES, SERIES 2010-1
14 AMERICAN RESIDENTIAL EAGLE BOND TRUST1998-1
15 AMORTIZING RESIDENTIAL COLLATERAL TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2000-BC1
16 AMORTIZING RESIDENTIAL COLLATERAL TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2000-BC3
17 ANGEL OAK GREENLEAF II
18 ANGEL OAK GREENLEAF It NOMURA
ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-
19
THROUGH CERTIFICATES, SERIES 200S-HE7
ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006-HE6 ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES MO 2006-HE6
21 BANC OF AMERICA FUNDING 2008-FT1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-FT1
22 BANC OF AMERICA FUNDING 2009-FT1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2009-FT1
23 BANC OF AMERICA FUNDING 2011-SD1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-$D1
24 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2
25 BANC OF AMERICA FUNDING CQRPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4
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26 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-5
27 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-A
28 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-B
29 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C
30 BANC OF AMERICA FUNDING CORPORATiG , MORTGAGE PASS-THROUGH ŒRTIFICATES, SERIES 2004-D
31 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-1
32 BANC OF AMERICA FUNDING CORPORAT ON, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2
33 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIE5 2005-3
34 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4
35 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-A
36 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTlFICATES, SERIES 200S-E
37 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-F
L
38 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-H
39 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1
40 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2
41 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3
42 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-7
43 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-A
44 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-D
45 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H
46 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-l
47 BANC OF AMERICAFUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-j
48 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1
49 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2
50 BANC OF AMERICA FUNDING CORPORATION, IVfORTGAGE PASS-THROUGH
MORTGAGE CERTIFICATES, SERIES 2007-3
51 BANC OF AMERICA FUNDING CORPORATION,
CORPORATfON, MORTGAGE PASS-TKROUGH
PASS-THROUGH CERTIFICATES, SERIES
SERIES2007-4
2007-4
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52 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-6
53 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTlFICATES, SERIES 2007-7
54 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-8
55 BANC OF AMERI
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FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------xIndex #: S1006/2017 U.S. Bank National Association as Indenture Trustee for CIM Trust 2015-2AG Mortgage-Backed Notes, Series 2015-2AG, Plaintiff, AFFIDAVIT -against- Dorothy A. Condro a/k/a Dorothy Condro, Nicholas P. Condro a/k/a Nichols Condro, Household Finance Realty Corporation of New United States of America - Internal Revenue Service York, #1" and "JOHN DOE through "JOHN DOE #10", the lastten names being fictitious and unknown to the plaintiff,the person or parties intended being the persons or parties, ifany, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint, Defendants. -------------------------------------------x STATE OF TEXAS ) ) ss.: COUNTY OF DENTON ) Talya Harris , being sworn, deposes and says: duly 1. I am employed as a Document Execution Specialist of Nationstar Mortgage LLC ("Nationstar"), the servicer of the mortgage loan that is thesubject of this action (the "Mortgage Loan" Loan"). I have personal knowledge of the facts contained in this Affidavit by virtue of my position at Nationstar, my familiarity with Nationstar's processes and based upon my review and analysis of the relevant business records and other documents of Nationstar referenced and attached herein. WhilemanyofNationstar's processes are automated, the information manually entered byNationstar employees relating to loans on those systems isbased upon personal knowledge of the information and entered intothe system at or near the time ofthe knowledge was acquired. These computerized records arc crcatcd and maintained in the regular course of its business as a loan servicer and 1 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 Nationstar relies on the records in the ordinary course to conduct itsbusiness as a loan servicer. I am duly authorized to execute this Affidavit on behalf of Nationstar in support of Nationstar's application for Summary Judgment and the appointment of a Referee. 2. Nationstar as agentfor Plaintiff,has physical possessionofthe originalNoteendorsed in blank. Plaintiff came into possession of the original note on August 10, 2015 which isa date prior to the commencement of the action. A true copy of the original note in Nationstar's possession is attached as Exhibit A. 3. A true copy of the original recorded Mortgage assigned to Plaintiff is attached as Exhibit B. 4. After the commencement of the foreclosure action, the Mortgage attached as Exhibit was assigned to Nationstar. A copy of the recorded assignment of mortgage isattached as Exhibit C. 5. The Mortgage loan is in default and is due for the June 01, 2015 payment and all subsequent payments. The amount due and owing under the terms of the note and mortgage is$304,382.15. 6. The business records show that notice ofdefault lettersdated September9, 2016were mailed to Defendants Nicholas P. Condro and Dorothy A. Condro on September 9, 2016 via first class mail addressed to Nicholas P. Condro and Dorothy A. Condro at their mailing address: 56 Hommocks Rd., Larchmont, NY 10538-3947, which notices advised each Defendant ofthe default, in accordance with the provisions of the Mortgage. Copies the demand letters arcattached hereto as Exhibit D. . According to the business records that I reviewed, the Borrowers have not cured the default. 7. According to the business records I have reviewed, thc 90-day notices required 2 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 by statute, in at least 14 point type, dated September 9, 2016 were served via FirstClass Mail on September 9, 2016 to the last known mailing address, addressed to: Nicholas P. Condro at: 771 North Barry Avenue, Mamaroneck, NY 10543, First Class Article Number: 2312365130; Dorothy A. Condro, 771 North Barry Avenue, Mamaroneck, NY 10543, First Class Article Number: 2312365132; by Certified Mail to the last known mailing address, to: Nicholas P. Condro at:771 North Barry Avenue, Mamaroneck, NY 10543, Certified Mailing Number-9307 1100 1170 0881 4874 06, to Dorothy A. Condro, 771 North Barry Avenue, Mamaroneck, NY 10543, Certified Mailing Number-9307 1 100 1170 0881 4874 20, and tothe property address by First Class Mail to: Nicholas P. Condro, 56 Hommocks Road, Larchmont,New York 10538, First Class Article Number: 2312365 I29; Dorothy A. Condro, 56 Hommocks Road, Larchmont, New York 10538, First Class Article Number: 231236513); and by Certified Mail, to Nicholas P. Condro, 56 Hommocks Road, Larchmont, New York 10538, Certified Mailing Number-9307 1100 1 170 0881 4873 90, and 56Hommocks Larchmont,NewYork Certified MailingNumber- Dorothy A.Condro, Road, 10538, 9307 1100 1170 0881 4874 13. Said notices comply with allstatutory requirements. These letters were sent in separate envelopes from any other mailing or notice and were accompanied by a listof housing counseling agencies as required by statute. True copies of the 90-day notices sent to Defendants and the Trackright Transaction Reports evidencing the certifiedand firstclass mailing of the 90-day notices are attached collectively as Exhibit E. 8. According to the business records 1 have reviewed, thisnotice was mailed before the commencement ofthis proceeding, Within three(3) business days thereafter, therequired filingwith the New York State Department of Financial Services was made and confirmation number of of' NYS4070698 for Nicholas Condro and for Dorothy Condro duly issued. Copies of the 90 day notices together with proof of filingare collectively annexed hereto as Exhibit F. 3 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 9. Despite thenotices sent to Defendants, the default was never cured . Therefore, this action was commenced to recover the entire unpaid principal balance together with interest and attorneys' disbursements, including reasonable fees and costs allowable under the terms of the Mortgage Loan. Nationstar Mortgage LLC (7D&~ (7&&~ Af ant Signature Talya Harris Affiant Printed Name Document Execution Specialist Affiant ~l Title I JAlll I ll%C JURAT August 04 Before me, a notary public, on , 2017 , personally appeared Talya Harris , known to me to be the person whose name is subscribed to the foregoing document and, being by me firstduly sworn, declared that the statements therein contained are true and correct. . NUGH ZHAO Stoteof Texas Public's re NeforyPublic, Notary 2-15-2019 =.:$g;„'- Comm. Expi.ses I (Personal sea; lflil lllt lll> Iftil 4 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (Must sign in addition to Jurat ifsigned outside ofNew York State) State of Texas County of Denton of' On the 04 of August in the year of 201 7 before me, the undersigned, day personally appeared Talya Harris , personally known to me or proved to me on the basis of satisfactory evidence to be the in ividual whose niñicis subscribed to the within instrument and acknowledged to me that he/ Te xecuted same in his/@1apacity and that by his/her signature on the instrument, the individual, orthe person upon behalfof which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the State of Texas , County'' J of Denton Notary Pu,1ic ~"" iiillrrrr HUGH ZHAO n"..' a' ''.,< SiOte or Texas public, . rr = Notory <'~:.'"=" '.74+ ti=" Comm.Expkes 12-15-20i9 -~'. ' tD 1' 1.'H2~8105 128628~O> "rilr! IiitNotafy Morally 5 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 Document drafted by and RECORDING REQUESTED BY: Nationstar Mortgage, LLC 4000 Horizon Way Irving, TX 75063 SPACE ABOVE THIS L[NE FOR RECORDER'S OSE LIMITED POWER OF ATTORNEY "Trusts" The trusts identified on the attached Schedule A (the "Trusts"), by and through U.S. Bank National Association, a national banking association organized and existing under the laws of the United States and having an office at 190 S. La Salle Street, MK-lL-SL7R, (" Trustee" Chicago, IL 60603, not in its individual capacity but solely as Trustee ("Trustee"), hereby constitutes and appoints Nationstar Mortgage, LLC ("Servicer"), and in its name, aforesaid Attorney-In-Fact, by and through any officer appointed by the Board of Directors of Servicer, to execute and acknowledge in writing or by facsimile stamp all documents customarily and reasonably necessary and appropriate forthe tasks described in the items (1) through (12) below; provided however, that (a) the documents described below may only be executed and delivered by such Attorneys-In-Fact if such documents are required or permitted under the terms of the related servicing agreements, (b) allactions taken by Servicer pursuant to this Limited Power of Attorney must be in accordance with Federal, State and local laws and procedures, as applicable and (c) no power is granted hereunder to take any action that would be either adverse to the interests of or be in the name of U.S. Bank National Association in itsindividual capacity. This Limited Power of Attorney is being issued in connectioïi with Servicer's responsibilities to "Loans" service certain mortgage loans (the "Loans") held by the Trustee. These Loans are secured by collateral comprised of mortgages, deeds of trust, deeds to secure debt and other forms of Instruments" security instruments (collectively the "Security Instrumen'ts") encumbering any and all real and "Property" personal property delineated therein (the "Property") and the Notes secured thereby. Please refer . to Schedule A attached hereto. l. Demand, sue for,recover, collect and receive each and every sum of money, debt, account and interest (which now is, or hereafter shall become due and payable) belonging to or claimed by the Trustee, and to use or take any lawful means for recovery by legal process or otherwise, including but not limited to the substitution of trustee serving under a Deed of Trust, the preparation and issuance of statements of breach, notices of default, and/or . notices of sale, accepting deeds in lieu of foreclosure, evicting (to the extent allowed by federal, state or local laws) foreclosing on the properties under the Security Instruments by judicial or non-judicial foreclosure, actions for temporary restraining orders, injunctions, appointments of receiver, suits for waste, fraud and any and allother tort, contractual or verifications in support thereof, as may be necessary or advisable in any bankruptcy action, stateor federal suit or any other action. 2. Execute and/or file such documents and take such other action as is proper and necessary to defend the Trustee in litigation and to resolve any litigation where the Servicer'%as an 6 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 I NYSCEF DOC. NO. 25 I RECEIVED NYSCEF: 04/04/2018 obligation to defend the Trustee, including but not limited to dismissal, termination, cancellation, rescission and settlement. 3. Transact business of any kind regarding the Loans, as the Trustee's act and deed, to contract for, purchase, receive and take possession and evidence of title in and to the Property and/or to secure payment.of a promissory note or performance of any obligation or agreement relating thereto. 4. Execute, complete, indorse or file bonds, notes, mortgages, deeds of trust and other contracts, agreements and instruments regarding the borrowers and/or the Property, but not limited to the execution of estoppel financing. including certificates, statements, continuation statements, releases, satisfactions, reconveyances, assignments, loan modification agreements, payment plans, waivers, consents, amendments, forbearance agreements, loan assumption agreements, subordination agreements, property adjustment agreements, management agreements, listing agreements, purchase and sale agreements, short sale transactions and other instruments pertaining to mortgages or deeds of trust, and execution of deeds and associated instruments, if any, conveying the Property, in the interest of the Trustee. 5. Endorse on behalf of the undersigned allchecks, drafts and/or other negotiable instruments made payable to the undersigned. 6. Execute any document or perform any act in connection with the administration of any PMI policy or LPMI policy, hazard or other insurance claim relative to the Loans or related Property. 7. Execute any document or perform any act described in items (3), (4),and (5) in connection with the termination of any Trust as necessary to transfer ownership of the affected Loans to the entity (or its designee or assignee) possessing the right to obtain ownership of the Loans. 8. Subordinate the lien of a mortgage, deed of trust, or deed or other security instrument to secure debt (i) for the purpose of refinancing Loans, where applicable, or (ii) to an easement in favor of a public utilitycompany or a government agency or unit with powers of eminent but not limited. to the execution of partial satisfactions and domain, including releases and partial reconveyances reasonably required for such purpose, and the execution requests to the trustees to accomplish the same. 9. Convey the Property to the mortgage insurer, or close the titleto the Property to be acquired Property" as real estate owned, or convey titleto real estate owned property ("REO Property"). 10. Execute and deliver any documentation with respect to the sale, maintenance, preservation, renovation, repair, demolition or other disposition, of REO Property acquired through a foreclosure or deed-in-lieu of foreclosure, including, without limitation: permits, remediation plans or agreements, certifications, compliance certificates, health and safety . certifications, listing agreements; purchase and sale agreements; grant / limited or special warranty / quitclaim deeds or any other deed, but not general warranty deeds, the causing transfer of titleof the property to a party contracted to purchase same; escrow instructions; and any and alldocuments necessary to effect'the transfer of REO Property. 7 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 of' I l. Servicer has the power to execute additional limited powers of attorney and delegate the authority given to it by U.S. Bank National Association, as Trustee, under the applicable servicing agreements for the Trusts listedon Schedule A, attached. 12. To execute, record, fileand/or deliver any and all documents of any kind for the purpose of fulfillingany servicing duties, including but not limited to those listed in subparagraphs (I) through (1 l),above, where Trustee's interest isdesignated, stated,characterized as or includes any reference10 one or more of the following: "Indenture Trustee", "Owner Trustee" to" Trustee", "Successor Trustee", "Successor in Interest","Successor "Successor by "Custodian/Trustee" Merger", "Trustee/Custodian", or other similar designation. Trustee also grants unto Servicer the full power and authority to correct ambiguities and errors in documents necessary to effect or undertake any of the items or powers set forth in items (1)to (12), above. In addition to the indemnification provisions set forth in the applicable servicing agreements for the Trusts listedon Schedule A, attached, Servicer hereby agrees to indemnify and hold the Trustee, and itsdirectors, officers, employees and agents harmless from and against any and all liabilities,obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by reason or result of the misuse of this Limited Power of Attorney by the Servicer. The foregoing indemnity shall survive the termination of this Limited Power of Attorney and the related servicing agreements or the earlier resignation or removal of the Trustee for the Trusts listedon Schedule A. 12"' Witness my hand and seal this day of May, 2016. NO CORPORATE SEAL . On Behalf of the Trusts, by U.S. Bank National Association, as Trustee By: g' ess: Anita . Wells Jose A. Çf arza, Vice P i ent Witness: Millard F. Southern Edward W. Przy r., , Ass . Vice President Attest. ary Ann R. Turbak, Trust Officer 8 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 r NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 CORPORATE ACKNOWLEDGMENT State of Illinois County of Cook 12* On this 12 day of May, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jose A. Galarza, Edward W. Przybycien Jr.and Mary Ann R. Turbak, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President, Assistant Vice President, and Trust Officer, respectively of U.S. Bank National Association, a national banking association, and acknowledged to me that such national banking association executed the within instrument pursuant to itsby4aws or a resolution of itsBoard of Directors. WITNESS my hand ici seal Signature: ChfigdjTher L Nuxoll OFFICIAL SEAL CHRISTOPNERJ NUXOLL Notary Public - State at !llinois My commission expires: 4/15/20 l8 My CoramissionExpires Apr f 5, 2018 I l,t 9 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 SCHEDULE A U.S. Bank National Association as Indenture Trustee for BAYVlEW FINANCIAL REVOLVING ASSET TRUST 2005-E 1 CIM Trust2015-4AG Mortgage-Backed Notes,Series 20154AG 2 ClM Trust2015-3AG Mortgage-Backed Notes,Series 2015-3AG 3 CIM Trust2015-2AG Mortgage-Backed Notes,Series 201S-2AG 4 CSMC Trust 2014-CIM1 Mortgage-Backed Notes,Series2014-CIM1 5 MerriH LynchMortgage InvestorsTrust,Mortgage Loan Asset-BackedNotes,Series2005-A9 NEW RESIDENTIAL MORTGAGE LOAN TRUST 2014-1 MORTGAGE-BACKED NOTES, SERIES 2014-1 7 RESIDENTIAL LOAN TRUST 2008-AH1 MORTGAGE-BACKED NOTES, SERIES 2008-AH1 SASCO MORTGAGE LOAN TRUST 2003-GEL1 MORTGAGE BACKED NOTES, SERIES 2003-GEL1 9 SASCO Mortgage Loan Trust2004-GEL2 Mortgage Backed Notes, Series 2004-GEL2 SASCO MORTGAGE LOAN TRUST 2004-GEL3 MORTGAGE BACKED NOTES, SERIES 2004-GEL3 11 SpringleafMortgage Loan Trust2011-1 SpringleafMortgage Loan Trust2012-1 SpringleafMortgage Loan Trust2012-1 Mortgage-Backed Notes,Series 2012-1 14 SpringleafMortgage Loan Trust2012-2 Mortgage-Backed Notes,Series 2012-2 15 SpringieafMortgage Loan Trust2012-3, Mortgage-Backed Notes,Series 2012-3 SpringleafMortgage Loan Trust2013-1, Mortgage-Backed Notes,Series2013-1 SpringleafMortgage Loan Trust2013-2, Mortgage-Backed Notes,Series 2013-2 SpringleafMortgage Loan Trust2013-3, Mortgage-Backed Notes,Series2013-3 StructuredAsset Mortgage InvestrnentsII Inc. Lurninent Mortgage Trust2005-1, Mortgage-Backed Notes,Series 20 2005-1 STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP1, SERIES 2003-NP1 STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP2, SERIES 2003-NP2 STRUCTURED ASSET SECURITIES CORPORATION ASSISTANCE LOAN TRUST 2003-AL1, SERIES 2003-AL1 23 STRUCTURED ASSET SECURITIES CORPORAT!ON ASSISTANCE LOAN TRUST 2003-AL2, SERIES 2003-AL2 10 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 I STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2002-NP1, SERIES 2002-NP1 25 STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2003-NP3, SERIES 2003-NP3 26 Structured AssetSecuritiesCorporationMortgage Loan Trust2003-NP3 27 Structured AssetSecuritiesCorporationMortgage Loan Trust2004-NP1 Structured Asset Securities CorporationMortgage Pass-Through Series Certificates, 2004-NP2 29 Structured Asset Securities CorporationMortgage Pass-Through Series Certificates, 2004-NP1 30 TERWIN MORTGAGE TRUST 2005-11ASSET-BACKED SECURITIES, 5ERIES 2005-11 32 Thornburg Mortgage Securities Trust 2007-1 Mortgage-Backed Notes,Series2007-1 Thornburg Mortgage Securities Trust 2007-2 Mortgage-Backed Notes,Series 2007-2 Thornburg Mortgage Securities Trust 2007-3 Mortgage-Backed Notes,Series2007-3 (Carai'nued ers nautpape) 11 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 K U.S. Bank National Association as Trustee for ADJUSTABLE RATE MORTGAGE TRUST 2004-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 1 CERTIFICATES, SERtES 2004-1 ADJUSTABLE RATE MORTGAGE TRUST 2005-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 2 CERTIFICATES, SERIES 200S-3 ADJUSTABLE RATE MORTGAGE TRUST 2005-5 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 3 CERTIFICATES, SERIES 2005-5 ADJUSTABLE RATE MORTGAGE TRUST 2005-7 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 4 CERTIFICATES, SERIES 2005-7 5 AWSW M WWE2005MMW M WEmhD MS-WE CERTIFICATES, SERIES 2005-9 ADJUSTABLE RATE MORTGAGE TRUST 2006-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 6 CERTIFICATES, SERIES 2006-1 ADJUSTABLE RATE MORTGAGE TRUST 2006-2 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 ADJUSTABLE RATE MORTGAGE TRUST 2006-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 8 CERTIFICATES, SERIES 2006-3 ADJUSTABLE RATE MORTGAGE TRUST 2007-1 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 9 CERTIFICATES, SERIES 2007-1 ADJUSTABLE RATE MORTGAGE TRUST 2007-2 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 10 CERTIFICATES, SERIES2007-2 ADJUSTABLE RATE MORTGAGE TRUST 2007-3 ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH 11 CERTIFICATES, SERIES 2007-3 AMERICAN GENERAL MORTGAGE LOAN TRUST 2009-1, AMERICAN GENERAL MORTGAGE PASS-THROUGH 12 CERTIFICATES, SERIES 2009-1 AMERICAN GENERAL MORTGAGE LOAN TRUST 2010-1, AMERICAN GENERAL MORTGAGE PASS-THROUGH 13 CERTIFICATES, SERIES 2010-1 14 AMERICAN RESIDENTIAL EAGLE BOND TRUST1998-1 15 AMORTIZING RESIDENTIAL COLLATERAL TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2000-BC1 16 AMORTIZING RESIDENTIAL COLLATERAL TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2000-BC3 17 ANGEL OAK GREENLEAF II 18 ANGEL OAK GREENLEAF It NOMURA ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS- 19 THROUGH CERTIFICATES, SERIES 200S-HE7 ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006-HE6 ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES MO 2006-HE6 21 BANC OF AMERICA FUNDING 2008-FT1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-FT1 22 BANC OF AMERICA FUNDING 2009-FT1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2009-FT1 23 BANC OF AMERICA FUNDING 2011-SD1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-$D1 24 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2 25 BANC OF AMERICA FUNDING CQRPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4 12 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 26 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-5 27 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-A 28 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-B 29 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C 30 BANC OF AMERICA FUNDING CORPORATiG , MORTGAGE PASS-THROUGH ŒRTIFICATES, SERIES 2004-D 31 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-1 32 BANC OF AMERICA FUNDING CORPORAT ON, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 33 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIE5 2005-3 34 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4 35 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-A 36 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTlFICATES, SERIES 200S-E 37 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-F L 38 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-H 39 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1 40 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2 41 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3 42 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-7 43 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-A 44 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-D 45 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H 46 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-l 47 BANC OF AMERICAFUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-j 48 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1 49 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2 50 BANC OF AMERICA FUNDING CORPORATION, IVfORTGAGE PASS-THROUGH MORTGAGE CERTIFICATES, SERIES 2007-3 51 BANC OF AMERICA FUNDING CORPORATION, CORPORATfON, MORTGAGE PASS-TKROUGH PASS-THROUGH CERTIFICATES, SERIES SERIES2007-4 2007-4 13 of 309 FILED: WESTCHESTER COUNTY CLERK 04/04/2018 12:36 PM INDEX NO. 51006/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/04/2018 52 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-6 53 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTlFICATES, SERIES 2007-7 54 BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-8 55 BANC OF AMERI