FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`
`INDEX NO. 55771/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`Wells Fargo Bank, National Association as Trustee for Option One
`Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-
`4,
`
`
`Plaintiff,
`
`
`-against-
`
`
`
`
`CERTIFICATE OF MERIT
`
`Index No.
`
`Property Address:
`9 New Place
`Yonkers, NY 10704
`
`Carolyn Solieri; Anthony Solieri; Any unknown heirs, devisees,
`distributees or successors in interest of the late Carole Solieri, if they
`be living or, if they be dead, their spouses, heirs, devisees, distributees
`and successors in interest, all of whom and whose names and places
`of residence are unknown to the Plaintiff; E*Trade Bank; State of
`New York
`
`“JOHN DOE #1” through “JOHN DOE #12,” the last twelve names
`being fictitious and unknown to plaintiff, the persons or parties
`intended being the tenants, occupants, persons or corporations, if any,
`having or claiming an interest in or lien upon the Subject Property
`described in the Complaint,
`
`Defendants.
`
`
`
`
`
`Andrew Loete, Esq., an attorney at law, duly admitted to practice before the Courts of the State of New York, hereby
`
`affirms under penalty of perjury pursuant to CPLR §2106 that:
`1.
`
`I am an associate with the Law Firm of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
`
`attorneys retained to commence this action on behalf of the Plaintiff in the above caption. As such, I submit this Certificate of
`
`Merit, based upon my review of the facts of this case, so as to comply with the requirements under CPLR §3012-b(a).
`2. As a result of my consultation with Danela Mendez, Contract Management Coordinator for Contract Management
`
`Coordinator, as Loan Servicer for the Plaintiff Wells Fargo Bank, National Association as Trustee for Option One Mortgage
`
`Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4, and my review of the pertinent documents, to the best of my
`
`knowledge, information, and belief, I hereby certify that there is a reasonable basis for the commencement of this action and
`
`that Plaintiff is currently the creditor entitled to enforce rights under such documents.
`
`
`
`January 16, 2024
`DATED: ____________________
`
`________________________
`Andrew Loete, Esq.
`Associate Attorney
`LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`
`20-087724
`
`1 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`
`INDEX NO. 55771/2024
`
`PF;!9(7f75)5tandardN. LLTE.Fune5002BargalmandSaleDeed,withCmemnatagainstGrantoaAdadedhidastorCorporatles(SingleSheet)
`CONSULTYOURLAWYERBEMRESl4NENSTHi$INSTRUMENT-THIS1N1TROMENTSHOULB58USEDBYtaWYERSONLY.
`
`Thisindenture,madethe 19th
`dayof
`August
`,nineteenhundredand seventy-six
`Between ANNA NADALINI JESBNSKY, residing
`at 68 New Avenue, Yonkers, New York,
`and ANNETTEMATUSIK, residing
`at 118 Hart Avenue, Yonkers, New York,
`
`partyof thefirst part,and EMILE soLIERI
`at 9 New Place,
`Yonkers, New York,
`
`and CAROLESOLIERI, his wife,
`
`both
`
`residing
`
`partyof thesecondpart,
`Witnesseth,that the party of the first part, in considerationof TenDollarsand other valuableconsiderationpaid by
`the party of the secondpart, doesherebygrantand releaseunto the party of the secondpart,the heirsor successors
`andassignsof theparty of thesecondpart forever,
`All that certainplot, pieceor parcelof land, with the buildingsand improvementsthereonerected,situate,lyingaId
`beingin the City
`of Yonkers, County of Westchester
`and State
`of New York,
`being
`bounded ani described
`as follows:
`BEGINNING at
`the northeasterly
`of Tax Lot 35, Block
`corner
`said point
`6251,
`also
`the northwesterly
`being
`corner
`of Tax Lot 34:
`thence
`running
`the
`easterly,
`along
`line
`of Tax Let
`southerly
`37, parallel
`with
`the northerly
`side of New Place,
`and
`50.00 feet
`there from,
`67. 75 feet
`to the southeasterly
`corner
`of Tax Tot 37;
`thence
`parallel
`with
`the easterly
`northerly
`side of New Avenue and 157.75
`feet
`therefrom,
`25.00
`feet
`to the northeasterly
`corner
`of Tax Lot 37;
`thence westerly
`and
`parallel
`with
`the northerly
`side of New Place and 75 feet
`67.75
`feet
`to a point;
`therefrom,
`thence
`and parallel
`southerly
`with
`the easter
`ly side of New Avenue and 90.00
`feet
`25.00 feet
`to the point
`therefrom,
`of aeginning.
`
`co
`
`b
`
`I
`
`I
`
`SAID premises
`37 on the off
`
`are also
`known and designated
`as Section
`icial
`Tax Map of
`the city
`of Yonkers.
`BEING and intended
`to be part
`of
`the premises
`conveyed to the parties
`the first
`of
`part
`by deed dated January
`25, 1976 and recorded
`23, 1976 in the Westchester
`pebruary
`County Clerk'
`s office,
`Division
`of Land Records
`in Liber
`7314 ep 512.
`
`6, Block
`
`6251, part
`
`of
`
`Int
`
`TogetherWithall right, title and interest,if any, of the party of the first partin andto anystreetsandroadsabutting
`the abovedescribedpremisesto the centerlines thereof; Togetherwith the apportenancesand aft the estateand
`rightsof the party of the first partin andto saidpremises;To HaveAnd To Hold thepremiseshereingranteduntothe
`partyof the secondpart,the heirsor successorsandassignsof the partyof thesecondpartforever.
`And the party of thefirst partcovenantsthat the party of the first parthasnot doneor sufferedanythingwherebythe
`saidpremiseshavebeenencumberedin anywaywhatever,exceptasaforesaid.
`And the party of the first part, in compliancewith Section13of the Lien Law,covenantsthat the party of the first
`part win receivethe considerationfor this conveyanceandwill hold the right to receivesuchconsideratioriasa trust
`fund to be appliedfirst for the purposeof payingthe costof the improvementandwill applythesamefirstto thepay-
`mentof the costof theimprovementbeforeusinganypartof thetotal of the samefor anyotherpurpose.
`Theword "party"shan beconstruedasif it read"parties" wheneverthe senseof this indenturesorequires.
`in WitransWharsof,the party of the first part hasduly executedthis deedthe day and year first abovewritten.
`in PresenceOf
`
`Anna Nadalini
`
`Josensky
`
`Annette Natusik
`
`2 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`
`INDEX NO. 55771/2024
`
`um7347
`
`WE1 S
`
`5TATEOF NEW YORK, COUNTY OF Westchester
`se
`On the 19th day of August,
`1976 , before me
`sersonally came M(NA NADALINZ JESENSKYand
`ANNETTE PATUSIK
`tomeknowntobe
`describedin andwho
`theindividuals
`executedtheforegoingEnstrument,andacknowledgedthan
`execute t7e same,
`they
`
`5TATEOF NEW YORK, COUNTY OF
`On the
`day of
`personally came
`
`sz
`
`19
`
`.before me
`
`tomeknowntobetheIndividual
`describedin andwho
`executedtheforegoinginstrument,andaeknowledgedthat
`executed the same.
`
`c
`
`ra
`
`ank
`Bargata
`Deth
`Sale
`With Covenant Against Grantor's Acts
`-
`f
`Title No.
`f
`7 (
`ANNA NADALINT JESENSKY and
`ANNETTEMATUSIK
`
`To
`EffILE SOLIERI and CAROLESOLIERI, his wife
`
`.
`
`U.S3PEETLE
`StandardFormafNewYork
`BoardofTitieUndervwitars
`Distributedby
`USLIFEBTLEINSURANCE
`COMPANYof NewYork
`remedyemncounrvÀne
`..
`, a ;
`
`8 26-76
`
`IBitFE
`
`AUG 2 6 076
`TRa 9:El
`TAX
`WESICHESTER
`COUNJY
`
`"°"°".
`apes
`
`6
`6251
`37
`£QRTIA5elkTGMit City
`
`of Yonkers
`
`IMJFETITLEINSURANCECOMPANYofNew%rk
`RETURNRYMAETO
`
`Gerard J. Zopf, Esq.
`Edmiston Vaccaro Galloway Posner
`Yacer & Zopf
`30 south Broadway
`New York
`yorkers,
`neco,
`a
`TITLEINSURANCE
`Camanyof NewYork
`235MmnStreet
`WhitePI,,nnsNY 1000t
`Fretumco
`
`Rec-2
`
`10701
`
`The integaing instrumentwas endersedfor secordsa fellows: The property eWessedby this tassrusientis stonese
`3á*he
`CITY OF YORKERS
`Countyof Westchester,H. Y. A true copy of the ariginal
`secorded
`AUGUST 26,
`1976
`at
`2 t15 PM
`
`DEED
`
`GEORGE R. MORROW4county cerk.
`
`3 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`08/15/05
`vate:
`Loan Number:
`
`INDEX NO. 55771/2024
`
`Servicing Number:
`
`NOTE
`
`9 NEW PLACE,
`
`YONKERS, NY 10704-
`[PropertyAddress]
`
`BORROWER'S PROMISE TO PAY
`1.
`I promise to pay U.S.
`hi return for a loan that I have received,
`"principal"), plus interest, to the order of the Lender. The Lender is
`Corporation
`a Ca) i fornia
`Corporation,
`Opt ion One Mort.gage
`1 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."
`
`(this amount
`
`is called
`
`$157 , 000. 00
`
`INTEREST
`2.
`the full amount of principal has been paid. Interest will be calculated on
`Interest will be charged on unpaid principal until
`.
`6 . 450%
`the basis of a 12-month year and a 30-day month. I will pay interest at a yearly rate of
`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)
`this Note.
`
`of
`
`3.
`
`PAYMENTS
`(A) Time and Place of Payments
`1 will pay principal and interest by making payments every month.
`2005
`October
`01,
`I will make my monthly payments on the first day of each month beginning on
`I have paid all of the principal and interest and any other charges described below
`I will make these payments every month until
`that I may owe under this Note. My monthly payments will be applied to interest before principal.
`If, on
`I will pay those amounts in full on that date, which
`, I still owe amounts under this Note,
`, 2035
`01
`September
`Date."
`is called the "Maturity
`Corporation
`One Mortgage
`Option
`I will make my monthly payments at
`or at a different place if required by the Note Holder.
`LOS ANGELES, CA 90009-2103
`P.O. BOX 92103
`(B) Amount of Monthly Payments
`My monthly payment will be in the amount of U.S.
`(C) Application of Payments
`Payments received by the Note Holder will be applied in the following order: (i) prepayment charges due under this Note;
`interest due under this Note; (iv) principal
`(ii) amounts payable under paragraph 2 of the Security Instrument (defined below);
`(iii)
`due under this Note; and (v) late charges due under this Note.
`
`$987.19
`
`BORROWER'S RIGHT TO PREPAY
`4.
`to make payments of principal at any time before they are due, together with accrued interest. A payment
`I have the right
`of principal only is known as a "prepayment." When I make a prepayment,
`tell the Note Holder in writing that I am doing
`I will
`so.
`If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder
`agrees in writing to those changes.
`fromthe date of execution of the Security Instrument I make a full prepayment
`12 Months
`If within
`I will at the same time pay to the Note Holder a prepayment charge. The prepayment
`in certain cases a partial prepayment,
`or,
`charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other amounts
`prepaid during the twelve (12) month period inunediately preceding the date of the prepayment, exceeds twenty percent (20%) of
`law.
`In no event will such a charge be made unless it is authorized by state or federal
`the original principal amount of this Note.
`
`5.
`
`LOAN CHARGES
`If a law, which applies to this loan and which setsmaximum loan charges, is finally interpreted so that the interest or other
`loan charges collected or to be collected in connection with this loanexceed the permitted limits,
`then: (i) any such loan charge shall
`be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which
`I owe
`exceededpermitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal
`under this Note or by making a direct payment
`to me.
`the reduction will be treated as a partial
`If a refund reduces principal,
`prepayment.
`
`6.
`
`BORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`the Note Holder has not received the full amount of any monthly payment by the end of
`If
`15
`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%
`overdue payment of principal and interest.
`I will pay this late charge promptly but only once on each late payment.
`(B) Default
`If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`If
`Note Holder may require me to pay immediately the full amount of principal which has not been paid and all
`on that amount, together with any other charges that I owe under this Note or the Security Instrument.
`(C) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
`the Note Holder will still have the right
`to do so if I am in default at a later time.
`
`calendar days
`of my
`
`the
`I am in default,
`interest that I owe
`
`NEWYORKFIXEDRATENOTE- SingleFamily
`Page1 of 2
`
`NYNT0011.wp(02-12-02)
`
`4 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`08 /15/05
`Date:
`Servicing Number:
`I oan Number:
`\ (D) Payment of Note Holder's Costs and Expenses
`to
`If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right
`be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
`for example, reasonable attorneys'
`fees.
`expenses include,
`
`INDEX NO. 55771/2024
`
`v.
`
`7.
`
`GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to me m1der this Note will be given by
`I give the Note
`to me at the Property Address above or at a different address if
`delivering it or by mailing it by first class mail
`Holder a notice of my different address.
`Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
`I am given a notice of that different address.
`Holder at the address stated in Section 3(A) above or at a different address if
`
`8.
`
`OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
`this Note
`including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of
`in this Note,
`including the obligations of a guarantor, surety
`is also o3ligated to do these things. Any person who takes over these obligations,
`is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
`or endorser of this Note,
`under this Note against each person individually or against all of us together. This means that any one of us may be required to pay
`all of the amounts owed under this Note.
`
`9.
`WAIVERS
`I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
`"Presentment" 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.
`
`SECURED NOTE
`In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
`"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do
`not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
`required to make inunediate payment
`those conditions are described as
`in full of all amounts I owe under this Note. Some of
`follows:
`
`Interest in Borrower.
`Transfer of the Property or a Beneficial
`If all or any part of the Property or any interest in it is sold
`or transferred (or if a beneficial
`interest in Borrower
`is not a natural person) without
`is sold or transferred and Borrower
`Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
`Security Instrument. However,
`this option shall not be exercised by Lender if exercise is prohibited by federal
`law as of
`the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causesto be submitted to
`Lender
`information required by Lender
`to evaluate the intended transferee as if a new loan were being made to the
`transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and
`that the risk of a breach of any covenant or agreement in this Security Instrument
`is acceptable to Lender.
`To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent
`to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender
`and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument.
`Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Barrower
`in
`writing.
`
`If Lender exercises the option to require immediate payment
`in full, Lender shall give Borrower notice of
`acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed
`within which Borrower must pay all sums secured by this Security Instrument.
`If Borrower
`fails to pay these sums prior
`to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
`further
`notice or demand on Borrower.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
`A-..)
`.
`ERI
`
`/
`
`..
`
`...
`
`.
`
`..
`
`SSN:
`
`SSN:
`
`SSN:
`
`SSN:
`
`SSN:
`....
`
`SSN:
`
`Page2 of 2
`
`5 of 21
`
`(Seal;
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seah
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Sign Original Only)
`
`NYNT0012.wp(02-12-02)
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`Loan Number
`Date: 08/15/05
`
`INDEX NO. 55771/2024
`
`Servicing Number:
`
`ALLONGE
`
`TO NOTE
`
`(INVESTOR)
`
`This allonge makes reference to the following Note:
`
`CAROLE SOLIERI
`
`Bonowers:
`Loan #:
`Property Address: 9 NEW PLACE,
`Loan Amount:
`$157, 000.00
`
`YONKERS, NY 10704-
`
`'-
`
`Note Date: 08/15/05
`
`Therefore,
`
`in reference to the captioned note, the following applies:
`
`Pay to the order of:
`
`Without Recourse
`
`Option One Mortgage Corporation
`A California Corporation
`
`By:
`
`Dale Ward
`
`AssistantSecretary
`
`Page1of 1
`
`USD3050.wp(03-14-03)
`
`6 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`
`INDEX NO. 55771/2024
`
`*452620635MTGD*
`
`Control
`
`Number
`
`452620635
`
`SEAL
`
`WIID
`
`Number
`
`2005262-000226
`
`Instrument
`MTG
`
`Type
`
`WESTCHESTER
`(THIS
`
`COUNTY
`RECORDING
`FORMS PART OF THE
`PAGE
`*** DO NOT REMOVE
`***
`
`AND ENDORSEMENT
`INSTRUMENT)
`
`PAGE
`
`THE
`
`FOLLOWING
`
`INSTRUMENT
`
`WAS ENDORSED
`
`FOR THE RECORD
`
`AS FOLLOWS:
`
`TYPE OF INSTRUMENT
`FEEPAGES
`
`13
`
`MTG - MORTGAGE
`TOTALPAGES
`
`13
`
`FEES
`
`RECORDING
`CHARGE
`CHARGE
`FUND
`
`MGT.
`
`STATUTORY
`RECORDING
`RECORD
`RP 5217
`TP-584
`REFERENCE
`CROSS
`MISCELLANEOUS
`
`TOTAL
`
`FEES PAID
`
`TRANSFER
`CONSIDERATION
`
`TAXES
`
`TAX
`PAID
`TRANSFER
`
`I
`
`RECORDING
`
`TAX #
`
`DATE
`TIME
`
`$6.00
`$39.00
`$19.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`$64.00
`
`$0.00
`
`$0.00
`
`TAX
`
`MORTGAGE
`MORTGAGE
`EXEMPT
`
`COUNTY
`YONKERS
`BASIC
`ADDITIONAL
`SUBTOTAL
`MTA
`SPECIAL
`
`TOTAL
`
`PAID
`
`TAXES
`
`MORTGAGE
`DATE
`AMOUNT
`
`08/15/2005
`$157,000.00
`
`Yes
`
`$392.50
`$785.00
`$785.00
`$441.00
`
`$2,403.50
`$392.50
`$0.00
`
`$2,796.00
`
`09/28/2005
`14:25:00
`
`NUMBER
`
`SERIAL
`DWELLING
`
`THE
`WESTCHESTER
`
`PROPERTY
`COUNTY,
`
`CW25782
`1-2 Family
`IS SITUATED
`NEW YORK
`
`IN
`IN THE:
`
`CITY
`
`OF YONKERS
`
`WITNESS
`
`MY HAND AND OFFICIAL
`
`SEAL
`
`LEONARD
`WESTCHESTER
`
`N. SPANO
`COUNTY
`
`CLERK
`
`Record & Return
`to:
`ONE MTG CORP
`OPTION
`PO BOX
`57096
`REC MNGT
`CA 92619-7096
`IRVINE,
`
`7 of 21
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`WHEÑ RECORDED MAIL TO:
`
`D-P
`INDEX NO. 55771/2024
`
`OPTION ONE MORTGAGE CORP·
`P. O. BOX 57096
`CA 92619-7096
`IRVINE,
`
`ATTN:
`
`RECORDS MANAGEMENT
`
`Loan Number:
`Servicing Number:
`
`Sectione
`
`6
`
`MOGES font
`
`Eo** SA
`
`Title fo NE)3
`
`CountyoNe5%kes
`Town/City o0
`
`et
`
`ISpaceAboveThisLineForRecordingDatal
`
`MORTGAGE
`
`THUUD1CIAL TME MSURANCE AGENCY LLC
`550 MAMARONECKAVENUE SUlTE202
`HARRISON,NY 10528
`914-381-6700
`
`THE PREMISES ARE IMPROVED OR ARE TO BE IMPROVED BY A ONE OR TWO FAMILY RESIDENCE OR
`DWELLING ONLY.
`
`THE PREMISES ARE IMPROVED OR ARE TO BE IMPROVED WITH A STRUCTURE CONTAINING SIX
`RESIDENTIAL UNITS OR LESS, EACH DWELLING UNIT HAVING ITS OWN COOKING FACILITIES.
`
`WORDS USED OFTEN IN THIS DOCUMENT
`Instrument." This document; which is dated
`(A) "Security
`Instrument."
`"Security
`"Borrower."
`CAROLE SOLIERI
`(B)
`
`.
`
`August
`
`15 , 2005
`
`, will·be called the
`
`"I" or "me."
`
`.
`
`Said premises is or will be
`improved by a 1 or 2 family
`dweIllng only.
`
`sonietimes will be called "Borrower" and sometimes simply
`"Lender."
`(C)
`a Califorriia
`Corporation
`One _Mortgage Corporation,
`Option
`will be·called "Lender." Lender is a corporation or association which exists under the laws of
`CALIFORNIA
`, Lender's address is
`92618
`, CA
`3 Ada,
`Irvine
`"Note." The note signed by Borrower and dated
`2005
`August
`15,
`(D)
`The Note shows that I owe Lender ONE HUNDRED FIFTY SEVEN THOUSAND
`Dollars (U.S. $157, 000.00
`.
`) plus interest.
`..AND NO/100THs
`.
`September
`I have promised to pay this debt in monthly payments and to pay the debt in full by
`2035
`01,
`"Property." The property that
`the Property," will be called the
`is described below in the section titled "Description of
`(E)
`"Property."
`(F) "Sums Secured." The amounts described below in the section titled "Borrower's Transfer to Lender of Rights in the Property"
`sometimes will be called the "Sums Secured."
`.
`.
`BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY
`I mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing
`I am giving Lender those rights that are stated in this Security Instrument and also those rights that the
`this Security Instrument,
`I am giving Lender these rights to protect Lender from possible losses
`law gives to lenders who hold mortgages on real property.
`that might result if
`to:
`I fail
`(A) Pay all the arnounts that I owe Lender as stated in the Note;
`(B) Pay, with interest, any amounts thatLender spends under Paragraphs 2 and 7 of this Security Instrument
`of the Property and Leader's rights in the Property; and
`(C) Keep all of my other promises and agreements under this Security Instrument.
`
`, will be called the "Note."
`
`to protect the value
`
`.
`
`DESCRIIrfION OF THE PROPERTY
`I give Lender rights in the Property described in (A) through (G) below:
`(A) The Property which is located at
`
`YONKERS
`[City]
`
`SEC 6 : BLK
`
`251:
`
`LOT 32
`
`, New York
`
`Westchester
`
`9 NEW PLACE
`[Street]
`
`,
`
`10704-
`[Zip Code]
`It has the following legal description:
`County.
`
`. This Property is in
`
`SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF.
`
`NEWYORK- SingleFamily
`.
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`8 of 21
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`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`08/15/05
`Date:
`Servicing Number:
`Loan lüumber:
`.
`
`INDEX NO. 55771/2024
`
`(B) All buildings and other improvements that are located on the Property described in subparagraph (A) of this section;
`rights in other property that I have as owner of the Property described in subparagraph (A) of this section. These rights
`(C) All
`are known as "easements and appurtenances attached to the Property";
`rights that I have in the land which lies in the streets or roads in front of, or next to, the Property described in subparagraph
`(D) All
`(A) of this section;
`fixtures that are now or in the future will be on the Property described in subparagraphs (A) and (B) of this section;
`(E) All
`(F) All of the rights and property described in subparagraphs (B) through (E) of this section that I acquire in the future; and
`replacements of or additions to the Property described in subparagraphs (B) through (F) of this section.
`(G) All
`
`BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP
`OF THE PROPERTY
`to mortgage, grant and convey the Property to Lender; and
`(B) I have the right
`I promise that: (A) I lawfully own the Property;
`(C) there are no outstanding claims or charges against the Property, except for those which are of public record.
`
`I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lender suffers because
`someone other than myself has some of the rights in the Property which I promise that I have. I promise that I will defend my
`ownership of the Property against any claims of such rights.
`
`PLAIN LANGUAGE SECURITY INSTRUMENT
`This Security Instrument contains promises and agreements that are used in real property security instruments all over the country.
`to a limited extent, in different parts of the country. My promises and
`It also contains other promises and agreements that vary,
`agreements are stated in "plain language."
`
`I promise and I agree with Lender as follows:
`
`COVENANTS
`
`1. BORROWER'S PROMISE TO PAY
`I will pay to Lender on time principal and interest due under the Note and any prepayment and late charges due under the Note.
`
`2. MONTHLY PAYMENTS FOR TAXES AND INSURANCE
`(A) Borrower's Obligations
`I will pay to Leader all amounts necessary to pay for taxes, assessments,water frontage charges and other similar charges, sewer
`rents, leasehold payments or ground rents (if any), hazard or property insurance covering the Property, and flood insurance (if any).
`If Lender required mortgage insurance as a condition of making the loan that I promise to pay under the Note, (i) I also will pay
`to Lender all amounts necessary to pay for mortgage insurance, and (ii) if, under Paragraph 8 below,
`instead of paying for mortgage
`insurance I am required to pay Lender an amount equal to the cost of mortgage insurance, I will pay this amount to Lender. I will
`these amounts to Lender unless Lender tells me,
`in writing,
`that I do not have to do so, or unless the law requires
`pay all of
`otherwise. I will make thesepayments on the sameday that my monthly payments of principal and interest are due under the Note.
`
`My payments under this Paragraph 2 will be for the items listed in (i) through (vi) below, which are called "Escrow Items":
`(i) The estimated yearly taxes, assessments,water frontage charges and other similar charges, and sewer rents on the Property which
`under the law may be superior to this Security Instrument as a lien on the Property. Any claim, demand or charge that is made
`against property becausean obligation has not been fulfilled is known as a "lien";
`(ii) The estimated yearly leasehold payments or ground rents on the Property (if any);
`(iii) The estimated yearly premium for hazard or property insurance covering the Property;
`(iv) The estimated yearly premium for flood insurance covering the Property (if any);
`(v) The estimated yearly premium for mortgage insurance (if any); and
`(vi) The estimated yearly amount I may be required to pay Lender under Paragraph 8 below instead of the payment of the estimated
`yearly premium for mortgage insurance (if any).
`
`Lender will estimate from time to time the amount I will have to pay for Escrow Items by using existing assessmentsand bills and
`reasonable estimates of the amount I will have to pay for Escrow Items in the future, unless the law requires Lender to use another
`method for determining the amount I am to pay. The amounts that I pay to Lender for Escrow Items under this Paragraph 2 will
`be called the "Funds." The Funds are pledged as additional security for all Sums Secured.
`
`The law puts limits on the total amount of Funds Lender can at any time collect and hold. This total amount cannot be more than
`the maximum amount a lender for a "federally related mortgage loan" could require me to place in an "escrow account" under the
`law called the "Real Estate Settlement Procedures Act of 1974," as that law may be amended from time to time.
`federal
`If
`there
`is another law that imposes a lower limit on the total amount of Funds Lender can collect and bold, Lender will be limited to the
`lower amount
`
`(B) Leader's Obligations
`Lender will keep the Funds in a savings or banking institution which has its deposits insured by a federal agency, instrumentality,
`or entity, or in any Federal Home Loan Bank.
`If Lender is such a savings or banking institution, Lender may hold the Funds.
`Except as described in this Paragraph 2, Lender will use the Funds to pay the Escrow Items. Lender will give to me, without
`charge, an annual accounting of
`the Funds. That accounting must show all additions to and deductions from the Funds and the
`reason for each deduction.
`
`Lender may not charge me for holding or keeping the Funds, for using the Funds to pay Escrow Items, for making a yearly analysis
`of my payment of Funds or for receiving, verifying and totaling assessmentsand bills. However, Lender may charge me for these
`Page2 of 9
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`FILED: WESTCHESTER COUNTY CLERK 01/17/2024 11:58 AM
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 01/17/2024
`08 /15/05
`Date:
`Servicing Number:
`Loan Number
`
`INDEX NO. 55771/2024
`
`services if Lender pays me interest on the 14undsand if the law perfnits Lendèr to make su-cha charge. Lender also may require
`me to pay a one-time charge for an independent real estatetax reporting service used by Lender in connection with my loan, unless
`the law does not permit Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Funds
`that Lender will pay interest on the Funds;
`unless either (i) Leader and I agree in writing, at the time I sign this Security Instrument,
`or (ii) the faw requires Lender to pay interest on the Funds.
`
`(C) Adjustments to the Funds
`If the amount of Funds held by Lender exceeds this limit,
`there is a limit on the amount of Funds Lender may hold.
`Under the law,
`then the law requires Lender to account to me in a special manner for the excess amount of Funds. There will be an excess amount
`the amount of Funds which Lender is holding or keeping is greater than the amount of Funds Lender is allowed
`if, at any time,
`to hold under the law.
`
`If, at any time, Lender has not received enough Funds to make the payments of Escrow Items when the payments are due, Lender
`may tell me in writing that an additional amount is necessary. I will pay to Lender whatever additional amount is necessary to pay
`the Escrow Items in full. Lender will determine the number of monthly payments I have in which to pay that additional amount,
`but the number of payments will not be more than twelve.
`
`When I have paid all of the Sums Secured, Lender will promptly refund to me any Funds that are then being held by Lender.
`If,
`then before the acquisition or sale, Lender will use any
`under Paragraph 21 below, Lender either acquires or sells the Property,
`Funds which Lender is holding at the time of the acquisition or sale to reduce the Sums Secured.
`
`3. APPLICATION OF BORROWER'S PAYMENTS
`Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs 1 and 2 above
`to pay any prepayment charges due under the Note; Next,
`in the following order and for the following purposes: First,
`to pay the
`to pay interest due; Next,
`to pay principal due; and Last, to pay any late
`amounts due to Lender under Paragraph 2 above; Next,
`charges due under the Note.
`
`4. BORROWER'S OBLIGATION TO PAY CHARGES, ASSESSMENTS AND CLAIMS
`I will pay all taxes, assessments,water frontage charges and other similar charges, sewer rents, and any other charges and fines
`I will also make payments due under
`that may be imposed on the Property and that may be superior to this Security Instrument.
`I am a tenant on the Property and I will pay ground rents (if any) due on the Property.
`my lease if
`I will do this either by making
`the payments to Lender that are described in Paragraph 2 above or,
`if I am not required to make payments under Paragraph 2, by
`the word "person" means any person,
`making the payments on. time to the person owed them. (In this Security Instrument,
`organization, governmental authority or other party.) If I make direct payments, then promptly after making any of those payments
`I will give Lender a receipt which shows that I have done so. If I make payment to Lender under Paragraph 2, I will give Lender
`all notices or bills that I receive for the amounts due under this Paragraph 4.
`
`I will promptly pay or satisfy all liens against the Property that may be superior to this Security Instrument. However,
`this Security
`Instrument does not require me to satisfy a superior lien if: (A) I agree, in writing,
`to pay the obligation which gave rise to the
`superio