In Re Mims Creditors Motion for Relief of Stay 10 Nov 2010

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

lnRe:

TANDALA MIMS AKA TANDALA WILLIAMS

Debtor.

Hearing Date: December 9, 2010 Hearing Time: 10:00 am

NOTICE OF MOTION FOR TERMINATION OF AUTOMATIC STAY

Case No.: 10-14030-mg (Chapter 7)

Assigned to: Hon. MARTIN GLENN BankrUptcy Judge

Please take notice that Wells Fargo Bank, NA, a secured creditor of Debtor, by the undersigned attorneys,

will move this Court on the 9th day of December, 2010, at 10:00 am or as soon thereafter as counsel can be heard,

at the United States Bankruptcy Court, One Bowling Green, 6th Floor, Courtroom # 606, Manhattan, NY 10004-

1408 for an Order pursuant to 11 U.S.C. §362(d)(1) and (d)(2) terminating the automatic stay as to movant's

interest in real property commonly known as 1167 GRENADA PLACE, BRONX, NY 10466 and for such other

relief as the Court may deem proper . . \

DATED: November 10,2010 Westbury, New York

Yours, etc.

By: Sf Dennis Jose Dennis Jose, Esq. STEVEN J. BAUM, P.C. Attorneys for Secured Creditor Wells Fargo Bank, NA Office and Post Address: 900 Merchants Concourse, Suite 116 Westbury, NY 11590 Telephone 716-204-2400

TO: TANDALA MIMS AKA TANDALA WILLIAMS Debtor 1167 Grenada Place Bronx, NY 10466

DAVID BRODMAN, ESQ. Law Office of David Brodman 633 Lydig Avenue Bronx, NY 10462

SALVATORE LAMONICA, ESQ. 3305 Jerusalem Avenue Wantagh, NY 11793

U.S. Trustee 33 Whitehall Street Floor 21 New York, NY 10004

Attorney for Debtor

Chapter 7 Trustee


InRe:


Debtor.

APPLICATION

Case No.: 1O-14030-mg (Chapter 7)

Assigned to: Hon. MARTIN GLENN Bankruptcy Judge

Wells Fargo Bank, NA ("Secured Creditor" or "Wells"), by its attorneys Steven J. Baum, P.C., moves to

terminate the automatic stay in this case witb respect to the real property commonly known as 1167 Grenada

Place, Bronx, NY 10466 and states as follows:

I. The above-captioned Debtor executed a note and mortgage dated the lOth day of May, 2004 in tbe

amount of $374,037.00 (tbe "Note" and "Mottgage") secured by the premises commonly known as 1167 Grenada

Place, Bronx, NY 10466 (the "Mortgaged Premises"). A written assignment of mortgage dated September 13, "

2010 was executed for record purposes from Mortgage Electronic Registration Systems, Inc. ("MERS") as

nominee for Lend America, to Wells (the "Assignment"). A copy of the Note' , Mortgage, and Assignment, is

attached hereto as Exhibit 'A'.

2. As set forth more fully in the Memorandum of Law being submitted herewith, Wells has standing to

file the instant Motion as the rightful party in interest as it is the holder of the Note in question. Furthermore, as

set forth in the Memorandum of Law, the executed assignment is valid.

3. Attached hereto as Exhibit 'B' is an affidavit executed by John Kennerty, also known as Herman

Kennerty, also known as Herman John Kennerty ("Kennerty"), a Vice President of Loan Documentation of

Secured Creditor and a duly appointed certifying officer ofMERS. Mr. Kennerty' s affidavit confirms, inter alia,

'The Note attached to the instant motion is an up to date copy as of the date stated in the Kennerly Affidavit attached to the instant application. As stated in the Kennerty Affidavit, the copy of the Note attached to Wells' motion for relief from the automatic stay dated September 20, 2010 was an outdated copy that was maintained within Wells' computerized systems.

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that Secured Creditor is in possession of the Note; that Secured Creditor became the holder of the Note on April

14,2010; that Mr. Kennerty had the authority to execute the aforementioned Assignment on behalf ofMERS; and

that Mr. Kennerty personally appeared before a notary public to execute the Assignment.

4. Attached hereto as Exhibit 'c' is a corporate resolution ofMERS, dated August 16,2010, in further

support of Mr. Kennerty's authority to execute the Assignment.

5. On the 27th day of July, 2010 Debtor Tandala Mims aka Tandala Williams filed a Petition under

Chapter 7 of Title 11 U.S.C. § 101 et seq with this Court, and an Order for relief was duly entered.

6. A Motion for Relief from Stay Worksheet mandated in this Court is attached hereto as Exhibit 'D'.

As per said Worksheet, as of the 29th day of October, 2010, the Debtor is due for 7 payments in the amount of

$2,771.96 which represents the payments due the 1st day of April, 2010 through October, 2010.

7. Furthermore, good through the 1st day of November, 2010, there was a total indebtedness owed on the

Note and Mortgage in the sum of $358,040.69. In addition, there is a second mortgage in the amount of

$34,249.00 as set out in the Debtor's Schedule D. Therefore, here are total mortgages in the amount of

approximately $392,289.69 secured by the Mortgaged Premises.

8. Based on the Schedule A & D attached hereto as Exhibit 'E', said real property is valued at

$430,000.00. Based on the Secured Creditor's lien amount, additional liens against the Mortgaged Premises and

the value of the Mortgaged Premises, there exists minimal equity in the premises amounting to approximately

8.76 percent of the value of the Mortgaged Premises as set forth by the Debtors, which in turn may not be

sufficient to cover the costs of any prospective sale of the Mortgaged Premises.

2

9. Section 362( d)( 1) of the Bankruptcy Code provides in pertinent part that the Court shall grant relief

from the stay imposed by Section 362(a) "for cause, including lack of adequate protection of an interest in

property ... " As set forth above, cause exists to vacate the automatic stay as the Debtor has failed to make monthly

mortgage payments to Secured Creditor.

10. Furthennore, Section 362(d)(2) of the Bankruptcy Code provides in pertinent part that the Court

shall grant relief from stay imposed by Section 362(a) if "(A) the debtor does not have equity in such property;

and (B) such property is not necessary to an effective reorganization." See, 11 U.S.C. § 362(d)(2)(A)-CB).

Therefore, the Secured Creditor is entitled to relief pursuant to 11 U.S.C. § 362(d)(2) as there exists minimal

equity in the Premises. The Secured Creditor submits that the Mortgaged Premises are not necessary for the

effective reorganization of the Debtor as the instant case is a Chapter 7 liquidation case.

11. The Debtor entitled to a homestead exemption as the Mortgaged Premises are listed as her residence

as per the Courts' PACER docket and the Debtor's petition. Furthennore, the debtor has claimed said exemption "

in Schedule C of the bankruptcy petition.

11. A copy of a proposed Order granting the relief sought by Secured Creditor is annexed hereto as

Exhibit 'F' . .

12. A prior application for relief was filed on September 20, 2010, and denied without prejudice by

written opinion dated October 27,2010.

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WHEREFORE, Secured Creditor respectfully requests that an Order be granted terminating the

automatic stay immediately as to Secured Creditor's interest in the Mortgaged Premises together with such other,

further and different relief as the Court may deem just in this matter.

DATED: November 10,2010 Westbury, New York

Yours, etc.

By: SlDennis Jose Dennis Jose, Esq. STEVEN J. BAUM, P.C. Attorneys for Secured Creditor Wells Fargo Bank, NA Office and Post Address: 900 Merchants Concourse, Suite 116 Westbury, NY 11590 Telephone 716-204-2400

4

LOAN #

Multistate NOTE

~L-____________________ ~==========~

1.PARTms

May 10. 2004 [Date]

1167 GRENADA PLACE.BRONX.NY 10466 [Property Address]

"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means LEND AMERICA

and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST

In return for a loan received from Lender, Borrower promises to pay the principal sum of Three Hundred Seventy Four Thousand Thirty Seven and no/IOO

Dollars (U.S. $ 374.037.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six percent ( 6 . 0000 %) per year until the full amount of principal has been paid. 3 .. PROMISE TO PAY SECURED

Borrower's promise to pay is secured by a mortgage, deed of trust or similar security -instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT

(A) Time Borrower shall make a payment of principal and interest to Lender on the fIrst day of each month beginning on July 1 , 2004 . Any principal and interest remaining on the fIrst day of June 1

2034 , will be due. on that date, which is called the "Maturity Date. " (B) Place

Payment shall be made at 201 OLD COUNTRY ROAD. MELVILLE. NY 11747 or at such place as Lender may designate in writing

by notice to Borrower. (C) Amount

Each monthly payment of principal and interest will be in the amount of U.S. $ 2.242.54 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument.

(I) Allonge to this Note for payment adjlJStments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of

the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box]

DGraduated Payment Allonge DGrowing Equity Allonge DOther [specify]

5. BORROWER'S RIGHT 1'0 PREPAY Borrower has the right to pay the debt evidenced by this Note. in whole or in part. without charge or penalty. on the fIrst

day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and pennitted by regulations of the Secretary. If Borrower makes a partial prepayment. there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes.

J'II!!!II':\ FHA Multistate Fixed Rate Note - 10/95 ~ ·1R 10210)

® VMP MORTGAGE fORMS" 1800]521·7291 il ( __ Page 1 of 2 MW 10102 Initial:>: j"M C r-- 11111I1111111111111

6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments

If Lender bas not received the full monthly payment required by the Security Instrument. as described in Paragrapb ·4(C) of this Note, by the end of fifteen calendar days after the payment is due. Lender may collect a late charge in the amount of Four percent ( 4. 0000 %) of the overdue amount of each payment.

(B) Defatdt If Borrower defutdts by failing to pay in full any mmthly payment, then Lender may. except as limited by regulations

of the Secretary in the case of payment defaults, require inunediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require inunediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regtdations. As used in this Note, IISecretarytl means the Secretary of Housing and Urban Development or his or her designee.

(C) Payment of Costs and Expenses If Lender has required inunediate payment in full, as described above, Lender may require Borrower to pay costs and

expenses including reasonable and customary attorneys' fees for enforcing thls Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of thls Note.

7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to reqUire Lender to give notice to other persons that amounts due have not been paid.

S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given

by delivering it or by mailing it by first class mail to Bonuwer al the propetty address above or at a different address if Borrower has given Lender a notice of Borrower's different address.

Any notice that must be given 10 Lender under thi. Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.

9. OBL!GATIONS OF PERSONS UNDER THIS NOTE If more than one person signs thls Note, each person is fully and personally obligated to keep all of the promises made in

this Note. including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guaranI or, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this NOle against each person individually or against all signatories together. Anyone person signing this NOle may be required to pay all of the amounts owed under this Note.

BY SIGNING BELOW. Borrower accepts and agrees to the lerms and covenants contained in this Note.

~ lC1;;? .=- (Seal) 114"9 , 'tr -"'==>

wIsAcA MIMS -Borrower LYDIA MIMs (Seal)

~Borrower

~oJLw~· --,-8~eif-=---·' _ (Seal)

~NNIE BELLE -Borrower

___________________________ (Seal)

-Borrower

VICE PRESIDENT

____________________________ (SeaI)

-BOITOWeT

_________ ,...,,""'-;;;;;<.=;:;---------- (Seal) Pay to the order 01 -Borrow"

WhhoUl Recourse WASHINGTON MUTUAl BANK, FA

FA ----B-y-'<~=---1t=l--~~."': ==--9-(J~~~.:-----BO~:~; BRENDA F. BRENDLE

FIRST VICE PRESIDENT

NYC DEPARTMENT OF FINANCE OrnCE OF THE CITY REGISTER

This page is part of Ibe instrument. The City Register willroly on Ibe infarmatioo provided by you 00 this page forpUlposes of indexing this instrument The informationon this page will control fodndexingpnrposes in the event of any conflict with the rest of the document. 2004051300282002001E30C7

RECORDING AND ENDORSEMENT COVER PAGE PAGE lOF 11 Document ID: 20040S1300282002 Document Date: 05-10-2004 Preparation Date: 05-13-2004 Document Type: MORTGAGE Document Pa e Count: 9 PRESENTER: STRUCTURE <LOSING SERVICES LTD 1970FLAWUSH AVE BROOKLYN, NY 11234 718-258-5759 SCS.I075-BXRI

RETURN TO: LEND AMERICA 201 OLD COUNTRY ROAD SUlTE 101 MELVILLE, NY 11747

PROPERTY DATA Borougb BRONX

Block Lot UnIt . Address 4934 64 Entire Lot 1167 GRENADA PLACE

Property Type: DWELLING ONLY - 2 PAMIL Y

CROSS REFERENCE DATA or _ _ . Year __ Reel CRPN ___ or Document ID ___ _ Page __ or PileNumber __ _

MORTGAGERIBORROWER: TANDALA MIMS 637 EAST 234m STREET BRONX, NY 10466

x AdditionaiParties Listed on ConlimiationPa e

PARTIES MORTGAGEEILENDER: MERS P.O. BOX 2026 FUNT,MI 48501

FEES AND TAXES Mortgage Recording Pee: $ 82.00 Mort e Amount: $ 374,037.00 Affidavit Fee: $ 0.00

r,T;:=aJC8=b=:le:;.;M::"or",l",a",ge"--'CA",m",o:::un",to!': -f'S'--__ --=3"-74= 03"'7"'.00""-_-jNYC Real PropertY Transfer Tax FilingFee: Exem tion: $ 0.00 TAXES:

$ 1,870.00 $ 3,740.00 $ 0.00 $ 935 .00 $ 910.00 $ 0.00 $ 7.455.00

NYS Real Estate Thmsfer Tax: $ 0.00

RECORDED OR FILED IN THE OFFICE OF THE CITY REGISTER OF THE

CITY OF NEW YORK ReronledlFi1cd 06-02-2004 10:40

City Register File No.(CRFN):

.-z, ~040 337126 f tct.J,u.. t:-Jn.

City Re ter Olji' Signature

NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER

200405130028200200lC3241 - - -------rurCORDING AND ENDO~EMENT COVER PAGE (CONTlNUATION~--;;:PA7:G"'E;;-2·0;;:-;;F-;C1l;-j DO(:umeDt 10: 2064051300282002 Document Date! 05-10-2004 Preparation Date! 05-13-2004 Document Type! MORTGAGE

PARTIFS --- - ---- - - --------- -'--'- ---------- - . ---.-------

MORTGAGEIVBORROWER: MORTGAGEIVBORROWER: LYDIA MIMS JOHNNIE BELLE 637 EAST 234TH STREET 637 EAST 234TH STREET BRONX, NY 10466 BRONX, NY 10466

"

/3t't>t 11 WHEN'RECORDED RETURN TO: LEND AMERICA 201 OLD COUNTRY RD. 5TE, 101 MELVILLE. NY 11747

------_____ [Space A.bon 1bJs L10t For Recording Dala) ---;;;;;;:;;;~;.:::;:;::::;:;::::::::;:;:::::::::;

State of New York MORTGAGE AP# ~ LN/t

~ MIN___.

\~16l! :HIS MORTGAGE ("Security Instrument") h given on May 10. 2004 JY \'1 The Mortgagor i. TANDALA MIMS. L YDlA MIMS and JOHNNIE BELLE

~.

whose address is 637 E 234 STREET. BRONX. NY 10466 . ("Borrower"). This Security Instrument is glven to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined. and Lender's sucteSsors and assigns), as mortgagee. MERS is organized and existing Wldct the laws of Delaware. and bas an address and telephone Dumber of P.O. Box 2026, PIlnI, MJ 48501-2026. tel. (888) 679-MERS. FOR PlJRl'OSl!S OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. LEND AMERICA

('Lender") Is organi+ed and existIng under the laws of NEW YORK hasanaddressof201 OLO COUNTRY RD. ST£. 101. MELVILLE. NY 11747

• • and

. Borrower owes Lender the principal sum of Three Hundred Seventy Four Thousand Thirty Seven and nol100

DDlbrs (u.s. $ 374.037.00 ). This debt is evidenced by Borrowers Dote dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier. due and payable on June 1. 2034

. This Security Instrument secures to Lender: (8) the repayment of the debt evidenced by the Note, with interest, and a1l renewals. extensions and modificatjons of the Notcj (b) the payment of all other sums,

I Iii 1111

with interest, advanced under parngrapb 7 to protect the security of this Security Inslrumont; and (0) the performance of Borrower', covenants and agrecmcots under this Security Instrument and the Note. Por this purpose, Borrower does hereby mortgage. grant and convey to MERS (solely as nominee for Lender and Lender's successors and as'lgas) and to the successors lllld .. ,igas of MIlRS, tbe following descnOed property located in

Bronx county, NcwYork:

SEE LEGAl DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 'A" A.P.N. #: SECTION 17 BLOCK 4934 LOT 64

which has the address of 1167 GRENADA PLACE BRONX ICiIyI, New York

•

10466 (Street]

(ZIp C<uI.] ('Property Add ..... ");

TOGETHER WITH all the improvements now or hereafter erecied on the property, and all easelllt:lJ1ll, appurtenances and flXtUres now or hereafter a part of the property. All replacements and addltiollS ,hall also be covered by this Security Instnlmeot. All of the foregoing I. referredJo in thl. Security Justnlment as the ·Property.' Borrower Wldersrands and as=s that MERS bolds only legal title to the interests granted by Bonower In thls Secntlty InStnlment; but. if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender', successors and assigns), has the rlgbt: to exercise any or an of thO!C ioterests. including. but not limited to, the right to foreclose and sell the Property~ and to truce any 2ction required of Lender including, but not limited to. reJeasing or canceling this Security instrumeDt.

BORROWER COVENANTS that Borrower is lawfuDy .ci2ed of the estate hereby conveyed and has the right 10 mongage, gTant and convey the hoperty and that the Property Is uneneumben:d, except for encumbrances of record, Borrower warrants and will defend geru:rally the title to the Property against all claims and demands, SUbject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform cove~ants for national usc and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property .

. Borrower and LendC[ covenant and agree 81 follows: UNIFORM COVENANTS.

. J. raymeot of Principal, Interest and Late Charge. 8onower shall pay wben due the prlnelpal of, and interest on, the debt evidenced by the Note and late charges doe under the Note.

2. Monthly Payment of Tax .. , IDsurance and Other Charges. Bo.aower ,bsll include in each monthly payme.t. together with the principal and Interest as set fonh in the Note and any late charges, a sum for (a) taXes and special assessments lO>'ied or to be levied .gainst the Property, (b) leasebold pnymeots or ground rents on the hopeny, and (e) premiums for lnsunmce required nnder paragraph 4. In any year in Which the Lender must pay a mortgage insurance premium to the SecretarY of Housing and Urban Development ("Secretary"), or in any year in which ,nch premium would bave been required if Lender still held the Security lo,tnnnent, each monthly paymenl shall aliSO include either: (i) a sum for the annual mDnga~e insurance premium to be paid by Lender to thc Secretary, or (iI) a monthly charge instead of. mortgage insurance premium if this Security Instrument i, bel~ by the Se<:retary, in • ..,..,o.oble amount to be delcnnined by the Secretary. Except for the monthl, cbarge by the Secretary, tbeoe itans Me called "llsI:row Items' and the sums paid to Lender are called "Escrow Pn ..... •

Lender may. at MY time. collect and bold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's C'licrow accoW}t under the Real Estate Settlement Procedures Act of 1974. 12 U.S.C. Section 2601 el seq. and hnplementing regulations, 24 CPR Part 3500, .. they may be amended from time to time ("RESPA"). except that the cushion or resetve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are avmJabJe in !.he 3CCOWlt may not be based on amounts due for the mortgage jnsurance premium.

IPll!zI:t-/,vt

fG!-4NINY) I0102} .,

United General Title Insurance Company

Title No. SCS-I075-BXlU

SCHEDULE A

An that certain plot, piece 0> parcel onand, ,ituate, lying and being in tbe Borougb and County of Bronx, City and State of New York, bounded and described as follows:

BEGINNING at a point on the corner. formed by tbe inter,eetion of the Easterly side of Grace Avenue "nd 'the Northerly side of Grenada Place;

RUNNING THENCE Nord •• rly along the Easterly side of Grace Avenue, 80 reet;

THENCE Easterly at right angles to Grace Avenue,25.50 Ieet;

THENCE Southerly parallel with Grace Avenue and part of tbe distauce through a party wall, 82.16 feet to the Northerly side of Grenada Place;

THENCE Westerly along the Nortberly side of Grenada Place, 25.59 feet to the point or pbce of BEGINNING.

TOGEI'HER with and subject to an easement of right of way over tbe extreme Northerly H; reet of the above described premises for ingrees and egress for pedestrians and nutomobjtes to and from an the premises adjojning the premises above descrjbed on the East.

FOR CONVEYANCING ONLY Togetl.er with all the right, title and interest of, iu und to any streets and roads abutting the above described premises. Our pOlicies of Ittle illS"urltllct illdude such buildlllgs and improvemtnrs then 011 whicb by l.an' consriftllt ~eal propt'rty, unlus sptdfic:tlly Upe:tfcd the-rei", NOll" h tht lime 10 determine ""hr:ther We han ~miDcd 811 onhc property caselPents)'ou desire to lit insund: ofthut: arL Itppurten:lnl CIlliCMCIlU 10 be in$urcd, please request such Inrt.lr:lnce. 1n rome CUts. (lur raCe. Ri:rIlUIlI provide, Cor 'II" actditio.,.1 char: c (or such iJuttniptc.

FORM 26-0'8--74-1\(4-9) NYstrA CERTIFICATE OF TIlL£.. SCHEDULE A

j.(V'I .

If the amounts held by Lender for Escrow Items exceed the amounlS pennitted to be held by RESPA, Lender sluilJ aa:ount to Borrower for !he ex""" funds as required by RESPA. If the amount. of funds held by Lender at My time are not SIlfficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the sbortage as permiued by RESPA.

The Escrow Fund. are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account ,balJ be credited with the balance remaining for all installment Items (a), (b), and (0) and any mortgage insurance premlum installment that J.inder has not become obligared to pay to the Secretnry, and Lender shall prompUy refund any excess funds to Borrower. Immediately prior to • forecl08ure sale of the Property or its acqnlsirioD by Lender, Borrower', account sbalJ be credited with any balance remalniDg for all installmenlS for items (a), (b), and (cl.

3. Application or Payments. AI! payments under plInIgrnphs 1 and 2 shall be applied by Lender as follows: .!:Iri1, to the mortgage insurance premium 10 be paid by Lender to the Secretary or to the monthly charge by the

Secretary instead of the monthly mortgage insurance premium; ~t tQ any taxes. ,.pecial assessments1 leasehold payments or ground rents, and fue, flood and other bazard

insurance premiums, as required; Third, to intcrat due under Ihe Note, fQIm!!. 10 amortization of the principal of the Note; and fillh, to late charges due under the Note. 4. Vue. Flood and Otber IIBzard lnsunonce. Borrower ,ball insure a11lmproverneDts on the Property, whclher

now to existence or subsequently c[ected. against any hazards. casualties t and contingencies, including fire. for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods th!'l Lender requires. Borrower shall also insure aU improvements on the Propeny; whether DOW in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance sball be cartied with cornpanica approved by Lender. The insurance pOlicies and any renewals sball be held by Lender and sball inclUde loss payable clauses in favor of, and in a fonn acceptable to. Lender.

In the event of loss, Borrower shall give Lender immediate notice by mail: lender lIl3y make proof of loss jf nol made promptly by Borrower. Each ins.ronco company concerned Is hereby >uthorized and direcred to make paymenl for such loss directly to Lender. instead of to Borrower and to Lender jointly. AU or any part of the insurance proceeds may be applied by Lender, at its option. either (a) to the reduction of the indebtedness under the Note and "this Security Instrument, rust to any delinquent anwUDts applied in the order in paragraph 3, and then to prepayment of principal. of (b) to the restoration or repair of the damaged Property. Any application of 1he proceeds to the principal sball not extend or postpone the due date of the monthly payments wbich are referred to in paragraph 2, or change the amount of such payments. Any excess insurance pxoceeds over an amount required to pay all olltstanding indebtedness under the Nole and this SecurilY InstllllllCflt sball be paid to !he entity legally .entitled thereto.

In the event oC Coreclosure of this Securily Instrument or other transCer of title to !he Property that extinguishes thi! indebtedness. all dghly title and interest of Borrower in and to insurance polides in force shan pass to the purchaser.

S. Oc<UPMcr. PreservatioD, MaIntenance and Protection of the Property; Borrower's Loan Application; Leasebolds. Borrower shall occupy, establish, and use the I'ropeny as BoTtower', principal residence within sixty days after the execution of lhis Security lnstrnment (or within sixlY days of a later sale or tr-msfer of the Property) and sball contlnu~ to occupy lbe Property as Borrower's principal residence for at least one year after the date of occupancy I unless Lender detemrlnes that requirement will cause undue hardship for Borrower. or unless extenuating circumstances exist which are beyond BolTOwer's CODtrol. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy. damage Or substantially change the Property or allow the Property tu deteriorate, reasonable wear and lear exceptc:d. Lender may inspect the Property if the Property is vacant or abandoned or the Joan is in default. Lender may bike reasonable action to protect and preserve such vacant or

G:-4N!NY) !010~ ~

abandoned Property. Borrower shall al$O be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instroment is on a \easel101d, Borrowe, shall c<>mply with the provisions of lb. lease. If Borrower acquires fee title to Ibe Property, the leasehold and fee title shall not be merged unless Lender agrees to the m~rger in writing.

G. Condemnation~ The proceeds of 311)' award or claim for damages. direct or consequential, in connection with any condemnation or other tllking of any pan of the Property, Dr for conveyance in place of c<>ndomnation, are bereby assigaed and sball be paid to Lender to the extent of the full aroount of Ibe indel1tednes, IbBl remains unpaid under Ibe Note and this Security Instnunent. Lender ,ball apply sucb proceeds to Ibe reduction of Ibe Indebtedness undor" the Note and Ibis Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepoyment of principal. Any application of Ibe proceeds to the principal shall not eXtend or postpone the due dale of the IDonlbly payments, which are referred to in paragraph 2, or change Ibe amount of sucb p8yments~ Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrwnent shall be paid to the entity legally entitled thereto.

7. Charges to Borrower nnd Protection of Lender's Rights In the Properly. Borrower sball pay all governmental or municipaJ charges, fIDes and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time dirc:ctly to the entity which is owed the payment. If failure to pay wonld adversely affect Lender's inte.rest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.

If Borrower fails to make these payments or Ibe payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Sccurity Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankrup~cy I for condemnation or to enforce laws or regulations), then Lender may do and pay whatever i, necessary to PtOlect the yalue of the Property and Lender's rights in the Property. including payment of taxcsJ hazard insurance and other items mentioned in paragraph 2.

Any amounts disbursed by Lender under this paragraph sball become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.

Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless Borrower: <a) agrees in writing to Ibe payment of Ibe obligation secured by Ille lien in a manner acreptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender~s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender SUbordinating the Hen to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice: identifying the lien. Borrower sha1l satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.

8. F .... Lender may collect rees and charges aulborized by Ibe Secretary. 9. Grounds ror Acceleration of Debt.

Ca) Default. Lender may. except as limited by regulations issued by the Secretary, in the case of payment defaults. require immediate payment in full of "u sums secured by this Security Instrument if:

(i) Borrower defaults by falling to pay in full any monthly payment required by thi. Security Instrument prior to 01' on the due date of the next monthly payment, or (ii)"BolTower defaults by failing, for a period or thirty days, to perform any other obligations contained in this Security hlstrument.

{b) Sole Without Credit Approval. Lender sbail, if permitted by applicable law (including Section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. l701j-3(d» and with the prior approval of the Secretary I require: immedia.te payment in full of all sums secured -by this Security Instrument if: "

-a-4N(NY} (0102) .. InjliDI$!~

(i) Allor part of the Property, or a beneficial interest in a trust OMling all or pan of the Prop&ty, is sold or otherwise transfem:d (other than by devise or descent), and . (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the pUlCbaser or grantee doe, so occupy the Property but hi' or her credit has not been approved in accordance with the requirements of the Secretary.

(e) No Waiver. If circumstances oecur that would pennit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its dghts with respect to subsequent events. (d) ReguJatlons of HUD SeeretDry. In many circumstances regolation. issued by the Secretary will limit Lender's rights,., in the case of payment defaults, to require immediate payment in full and foreclose if not pold. This Security Instrument does not authorize accelerntion or foreclosure jf not pennltlcd by regulatIons of tlle Secretary. (e) Mortgage Not Insured. Borrower agrees that if thi, Security !,ostrument and the Note are not determined 10 be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender may, at its option, require inunediate paytnent in fuU 'Of all sums secured by this Security Instrument. A written staternent of any authori2ed agent of the Secretary dated subsequent to 60 days from the date hcrecf, declining to insure this Security Instrument and the Note, sball be deemed conclusive proof of such ineligibillty. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurnnce is solely due to Lender"s failure to remit a mortgage insurance premium to the Secretary.

10. Reinstatement. Borrower has a right to be reinst.ted if Lender bas required ·immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instiblted. To reinstate the Security Instrument) Borrower shall tender in a lump sum ;ill. amounts requited to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security InstrUment, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by BottOwer, this Security Instrument and the obIlgations that it secures shalt remoln in effect as if Lender had not required immediate payment in full. However. Lender is not reqUired to permit reinstatement if: (i) Lender has accepted reinStatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding~ (il) reinstatement will preclude foreclosure on different groundS in the future. or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.

11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by·thls Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to retease the UablUty of the original Borrower or Borrower's successor in jnterest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modifY amortization of tbe sums secured by.)lhis Security Instrument by reason of any demand made by the odginal Borrower or Borrower's successors in interest: Any forbearance by Lender in exercising any right or remedy shall not be a wolver of or preclude the exercise of any right or remedy.

12. Successors and Assigns Bound; Joint ftnd Several Liability; Co-Sigaers. The covenants and agreements of this Security Instrument shall bind and benefit the SUCCCSSPIlI and assIgns of Lender and Borrower, subject to the provisions of paragrapb 9(b). Borrower's covenants and agreements shall be joint and several. Any llorrower who to-.signs this Security Instrument but does not execute the Note: (n) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obJigsted \0 pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may llgree to ~tend. modify. forbear or make any accommodations wilh regard to the terms of this Security lnsrroment or the Note without that Borrower's COnsent.

G/I:>-4NINY) (0102)

13. Notie ... Any notice to Borrower provided for in this Security Instrument sball be given by delivering it or by mailing it by firs! class mail unIcs. applicable law requu.. use of another mtthod. The notice ,ban be dir<Xlted to the Property Mdr= or any other address Borrower designates by notice to Lender, Any notice to Lender shall be given by firs! class mail to Lender's address ,tated bereln or any addres, Lender desigoates by notice to DorrowOJ'. Any notice provided for in this Security Instrument .haIl be deemed to bave been given to Borrower or Lender wbeo given as provided in this p .... graph.

14. Governing Lawi Severability. This Security Instrument shall be governed by Federal law and the law of the Jurisdiction in wbicb the Property i. located, In the event thaI :my provisjon or clause of this Security Instrument or \be Note conflicts with applicable law, such contlid. shall not affect other provision. of this Security Insuument or .the Note whjcl1 can be given effect without tho conflicting provision. To this end the provisions of this SeqJ.rity Instrument and the Note are declared to be severable.

15. Borrower', Copy, Borrower shall be given one conformed copy of the Note and of this Security lnstnunent.

16. Hazardous Substu«:s. Borrower shall not cause or pennit we presence. use, d;sposal, storage, or release of any Hazardous SUbstances on or in the Property. Bonower shall not do, nor al10w anyone eJse '0 do. anything affecting the Propc:rty thaI is in violation of any Environmental Law, The pneecding two sentcoce. shall nol appiy to the presence. use, ur storage on the Propeny of slJ>ai1 quantities . of Hazardous Substances that are generally """,guized to be appropriate to normal residealial uses and to roaintenance of the. Property,

Borrower shall promptly give Lender wriUt:n notice of Illy investigation. claim, demand. lawsuit or other action by any governmental or regulatory agency or private party involving the Propcirty and any Hazardous Substance or Envlrorunental Law of which Borrower has actual knowledge. If Borrower learn., Or i. notified by any govenunen>ai or regulatory authority. that any removal or other remediation of any Hazardous Subst~ affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions jn accordance with Environmental Law.

As used in this paraglllPh 16, "Hazardous Substances" are those. subst.ances defined as toxic or hazardons substances by Environmental Law and Ole following substances: gasoline, kerosene, other flammable or toxic

. pel10leum prodUcts, (oxic pestiCides and herbicides, volntlle solvents, materims containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 16, "Environmental Law· means federal laws and laws of the jurisdiction where the Property is located that relate to health, !lafely or environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender ful1her covenant and 8gre< as follows: ]7. Assignment. of Rents. Borrower unconditionally assigns and transfers to Lender all the IeDts and revenues

of lhe Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property 10 pay the rents to Lender or Lender's agents. However, prior to Lender's notice 10 Bo"ower of Borrower's breach of any covenant or agreement in the Security Instrument. Borrower shall collect and r=]ye all rents and revenues of the Property as trustee for the beoefit of Lender and Borrower, This as'ignmmt of rents constitutes an absofute uslgnmenl and nO( an assignment for additional sec:uriry cnly..

If lender gives notice of breach to Borrower: (a) all rent> received by Borrower ,hall be beld by Borrower as trustee for benefit of Lender only. to be applied to the Slims secured by tho Security Instnunent; (b) Lender shall be entitled 10 collect and receive al\ of tho rent. of the Properly; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. .

Bonower has not executed Mly prior assignment of the rentl; and bas not and will not pedonn any act that would prevent Lender from exercising jts rights under l:his paragraph 17,

Lender sbalt not be required to enter upon~ take control of or maintain the Property befure or after giving notice of breach to BQJTOWef. However, Lender Or a judiciruly appointed receiVer may do so at any time there is a breach. Any application of rents shall nol cure or waive any default or Invalidate any other right ar remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security iDstruInellt is paid in full.

~NfNYJ 1O'02J

18. Foreclosure Procedure. It Lender ffiluireo Immediate payment In full under plII'8grapb 9. Lender 1IllIY brine alawsnit to take away all or the Borrower's remaining rights In the Property and have the Property sold. At this sale, Lender or another person may acquire the Property. This Is Imowu as ·foreclosure and snle." ID any lawsuit for foreclosure and snle; Lender wm have the right to tolleet all costs and disbursements aod addltlon.1 a1lowanas allowed by law and will have the righl to add all r ..... ll1lI1.l. alloraeys' fees 10 tb. amount owed Lender. which fees sball become part of the Sums S"'lQ'ed.

Lender mal' require immediale payment In full under paragrapb 9. If the Lend ..... Interest in tbls Security Imt..,..,..,t Is held by the Sett<tary and the Seoretary requires

Immediate payment In. fuJI ander ,Paragrnpb 9. the Secretary JI\8J' Invoke the nOl\ludlcial power of snle provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act'? (12 U.S.C. 3751 d <"'1.) by rCIJUestlng a foretlosure commissioner desigliated under the Act to commence foreclosure and Ii> sell tb. Property as provided In tbe Ad. Nothing In the preceding sent.., .. shall deprive the Secretary of any rights otherwise available to a Lender under tbis Paragraph 18 or applicable law.

19. Lend ... •• Obligation to Discharge Ibis Security lDstrament. WIlen Lender bas been paid all anlOlIl\!S du. under !be Note and under Ibis Security IllSlrumcol, Lender will <liscbarge Ibis Security lustnmleDt by dellYering a certlficate mting that this Security lastnJlnem has been satisfied. Borrower will not be required 10 pay Lender for the discharge, bet Borrower will pay all eosts of recording lb. discharge in the proper official =ords.

20. Agreements about New York Lien Low. Borrower will receive all amounts lent by Lender subject to !be tru.t fund provisions of Seclion 13 of the New York Uen Law. This means Illat if, on Ibe date this Security lnstrum~t is recorded. construction or oilier work on any building or Dtb~ improvement located on the Property has not been completed for at 'east four monlb., Borrower will: (A) hold all amounts which Borrower r_Iyed aod which Borrower has a right to receive from Louder under Ibe Note as. "trust l\md"; and (B) use those amounts 10 pay for that constructlon or work before Borrower uses them for ""y oilier purpose. The fact t1uU Borrower is holding Illosc amounts as a • "trust. fundu plCalls thai. for any building Dr other improvemenllocated on the Property Borrower has 8 special responsibility under the Jaw to use the amount in the manner described in this paragraph 20.

21. Riders 10 tbis Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplcmenl the covenants and agreements of this Security Instrument as if the rider(s) were a pan of (hIs Security Instrument. [Check applicable box(os)]. o Condominium Rider o Plaoned Unit Development Rlder

e ... NINY} ""0" ..

o Growing Equity Rider o Gradul\!ed PayrntDt Rlder o Qther [specify)

BY SIGNING BELOW, Bonower accepts and agrees to the Ienns contained ill this Security Jnstl\lmellt and in any rider(s) exec t by BOiWe and recorded with It. Wltnesses:! •

_ _ _______ ___ (Seal)

-BDrrower

____________ (Seal)

-Bonow ...

____________ (Seal)

STATE OF NEW YORK

County of QUEENS

-Bono'lVa:

On the 10th day of May notary public in and for said state, personally appeared BELLE

____________ (Seal)

-BQlT'Owcr

--------~---------~)

) )ss.

J

-Bottowcr

In the yeM 2004 before me. Ille undersigned, a TANDALA MIMS, LYDIA MIMS and JOHNNIE

personally known to me or proved to me on the basi. of satisfactory evidence 10 be lbe iruIIvK1ual(s) whose name(sJ js/are subsnribed 10 rite wirltln lostrument and aclcnowledged to me that they cxecuted Ille ,ame In thei r capacity(JesJ, and that by thei r .lgnature(s) on the Instrument, the Indivldual(.). or the person upon behalf of which the individual(s) 3Cted, executed the instrument. ~ '1" ;) '" j, -1. h

~/J/}tIA£U;/ J[V My Commission Expires; ...

Tax. Map Information:

.-4NtNY) 11'102.1 .. .

NoW)' Pub '

No;"')' ~~~CAtJsiP .... Y.ft a.\IOl~~ eo",,,,...,., 'v'f'res "" ;,,,7

ASSI(;NMENT OF MORT(YA(~E

Original Lender: Mortgage Elec.trollic Registration Sy))iems, Inc. as nominee [or America

KnoWlhat,

Mortgage Electronic Registration Systems, Inc. as nominee for Lend An .. ,liea. 3300 SW 34th Avenoe Suite 101, Ocala, FL 34474, assignor,

in consideratlOt1 of the sum of One and Noll DOth Dollars and Qther good valuable coiosilion,ticon dollars, paid by

Wells Fargo Bank. N.A., 3476 Stl'lteview BJvd., Ft. MiIl,SC 29715, Ilssignee

hereby assigns unto the assignee, t\ certain mortgage made by TANDALA MIMs" to secure payment of the sum of "Fhret bUlldred "and scvenjy foor thousand interest, da.ted the J otb day o~ May, 2004, recorded on the 2nd day of June, city of New Yorl<, at Instrument No. 2004000337126,

MlMS, JOHNNIE BELLE, given 1hirty seven dollars (S374,031.00) and in the office of the City Register of the

covering premises 1167 GRENADA PLACE, BRONX, NY 10466, BRONX rn,rr.lrrv, SBL #BJpck4934 Lot 64,

together with the Assignors beneficial Interest under the Mortgage, find the interest, .

This said mortgage has not been otherwise assigned of record.

due and to grow due thereon with the

TO IIAYEAND TO HOLD the said Mortgage, ond aIso1he said pr.operty tUllo the Assignee forever, .subject to the terms contained in said Mortgage.

THIS Assignment is not subject to tlle requirement of Section 275 of the Proporty Law because it is within the secondary mortgvge market.

IN-WITNESS WHEREOF) the Assignor has caused these presents to be sign~ its duly Authorized officer this 13th day of September, 2010.

IN PRESENCE OF

Mol1gag~ EI,!ct,r •• ,Jc Registration Systems, Inc. as nominee for America

State of South Carolina County of York ss; On this 13th day of September) 201 O. before me, 'the undersigned, a notary public Kennerty, personally known to me orproved to me on the basis (are) subscribed to the within instrument and acknowledged to me that capacity(ies). and that by hislher/their signll~(s} on the instrument. individuaJ(s) acted, executed the instrument and that such individual made Mill, South Carolina. (insert ctty or pofitlcal subdivision and oYtate or other place is taken outside olNew York~"'tate)

for said state, penmnally appeared 101m be the individuaJ(s) whose name(s) is

the same in hislher/their theocrson upon behalf of which the

Mdersigned in the Fort tuken- if acknowledgment


Inre

TANDALA MIMS aka TANDALA WILLIAMS

Debtor.

Chapter 7 Case No. 10-14030-mg

AFFIDAVIT

STATE OF ___ ~S",o"",u",th"-",C""ar,,,o,,,li~na,,-__ )

COUNTY OF ___ Y-"-o",r",,k_ )

Jolm Kennerty, being duly sworn, deposes and says:

1. I am also known by the names Herman Kennerty and Herman Jolm Kelmerty.

2. I am a ___ V.!.." ",ic",e""P-"re",' s",id",e",n",t-,"of"-",L",oan""""D=oc",1""m",]e",n",ta,,,t,,,i02n,--~ ___ of Wells

Fargo Bank, NA. ("Wells"). I maintain an office and place of business at 3476 Stateview

Boulevard, Fort Mill, South Carolina 29715. As such, I am fully familiar with the facts and

circumstances contained herein. Additionally, I have access to the books and records pertaining

to above-captioned Debtor's loan indentified with loan # ..... .. 025 (the "Loan"), and therefore

have direct knowledge of the above-captioned Debtor's Loan.

3. Wells is in possession of the note dated May 10,2004 (the "Note") in the original

principal amount of $374,037.00, executed by Tandala Mims, Lydia Mims, and Johnnie Belle.

Wells became the holder of the Note on April 14, 2010. I reviewed the original Note on October

27, 2010 and attached hereto as Exhibit "A" is an up to date copy of the Note as of the date of

my review. The copy of tlie Note attached to Wells' motion for relief from the automatic stay

dated September 20,2010 was an outdated copy that was maintained within Wells' computerized

systems.

4. I am a duly appointed celtifying officer of Mortgage Electronic Registration

Systems, 11lc ("MERS"). As sllch, I was du1y authorized to execute the assigmnent dated

September 13,2010, on behalf ofMERS as nominee fur Lend America.

5. I personally appeared before a notary public to execute the aforementioned

assigmnent.

Subs~bed and,ff'oro to before me . This 1.- day of J\JOVe.wJof r, 2010.

"~~~ Notary Public

CAROLYN M. EVANS -

r.---

~"""S:'(J~ """ES 0011""", ) NOTARY PUBLIC

SOUTH CAROLINA

erty, Iso known as HenDan so known as Herman John

EXHIBIT' A' TO AFFIDAVIT OF KENNERTY

,.

Multistate AP~

1. PARTIES

May 10. 2004 [Date]

NOTE

1167 GRENADA PLACE.BRONX.NY 10466 [Property Address]

ItBorrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means LEND AMERICA

and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST

In return for a loan received from Lender, Borrower promises to pay the principal snm of Three Hundred Seventy Four Thousand Thirty Seven and no/100

Dollars (U .S. $ 374. 037 . 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six percent ( 6.0000 %) per year until the full amount of principal has been paid. 3.. PROMISE TO PAY SECURED

Borrower's promise to pay is secured by a mortgage. deed of trust or similar security instrument that is dated Ibe same date as this Note and called Ibe "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT

(A) Time Borrower shall make a payment of principal and interest to Lender on Ibe first day of each monlb beginning on July 1 , 2004 . Any principal and interest remaining on the first day of June 1

2034 , will be due on Ibat date, which is called Ibe "Maturity Date." (B) Place

Payment shall be made at 201 OLD COUNTRY ROAD. MELVILLE. NY 11747 or at such place as Lender may designate in writing

by notice to Borrower. (C) Amount

Each monlbly payment of principal and interest will be in Ibe amount of U.S. $ 2 . 242 . 54 . This amount will be part of a larger monthly payment required by Ibe Security Instrument, Ibat shall be applied to principal, interest and olber items in the order described in Ibe Security Instrumen!.

(D) Allonge to this Note for payment adjnstments If an allonge providing for payment adjustments is execnted by Borrower together wilb Ibis Note, the covenanls of

Ibe allonge shall be incorporated into and shall amend and supplement Ibe covenants of thls Note as if the allonge were a part of thls Note. [Check applicable box]

DOraduated Payment Allonge DOrowing Equity Allonge DOther [specify]

5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by thls Note, in whole or in part, without charge or penalty, on the first

day of any month. Lender shall accept prepayment on other days provided Ibat Borrower pays interest on the amount prepaid for the remainder of Ibe monlb to Ibe extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes.

~ FHA Multistate Fixed Rate Note ~ 10/95 ~ ·1R (0210)

® VMP MORTGAGE FORMS· 1800)521·7291 /J {_ Pa.ge 1 of Z MW 10102 In!\iills: I,M t ~ 11111111111111111111111111111111111

· : .. "

6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments . If Lender h'!!s not received the full monthly payment required by the Security Instrument, as described in Paragraph

A(C) of this Note. by the end of fiffeen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent( 4.0000 %) of the overdue amoulu:of each payment.

(B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, exeept as limited by regulations

of the Secretary in the case of payment defaults, require inunediate payment in fuJI of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option withont waiving its rights in the event of any subsequent default. 10 many circumstances regulations issued by the Secretary will limit Lender's rights to require inunediate payment 'in full in the case of payment defaults. This Note does not authorize acceleration when not permitted bY HUD regulations. As used in this Note, lISecretary" means the Secretary of Housing and Urban Development or his or her designee.

(C) Payment of Costs and Expenses If Lender has required inunediate payment in full, as described above, Lender may require Borrower to pay costs and

expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.

7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of

disbonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.

8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given

by delivering it or by mailing it by first class mail to Borrower at the propetty address above or at a different address if Borrower has given Lender a notice of Borrower's different address.

Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.

9. OBLIPATIONS OF PERSONS UNDER THIS NOTE If more than one person sigus thls Note. each person is fully and personally obligated to keep all of the promises made in

this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely or endorser of this Note is also Obligated to do these things. Any person who takes over these obligations, including the obllgations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person siguing this Note may be required to pay all of the amounts owed under this Note.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.

/! tvc;?= (Seal) j~~ ,'Yr-Me-.,

~ MIMS ·BorrOlm LYDIA MIifs' (Seal)

MBotTower

~oJLw=-' ~&~/{_. _ (Seal)

J&HNNIEBillE (Seal)

-Borrower -Borrower

~ ______ ~~~~~ __________ (Seal) PaY to Ihe order Of

(Seal) -Borrower

PAID TO THE ORDER OF ~ WASHINGTON MUTUAl BANK, FA . £ Without Recourse

~H.~~tJ: .. FA --By......;~~"",...-Ai'....,.-r~~<:-<;;:;;-:-::-. -eil""'~~: ---Bo~:~~ iJEND AMERICA BRENDA F. BRENDLE IJ. £" .. " ~ FIRST VICE PRESIDENT ~LENE DECILLIS ": . Page 2 of 2

, VICE PRESIDENT

CORPORATE RESOLUTION

Be it Resolved that the attached list of candidates are officers of Wells Fargo Home Mortgage a Division of Wells Fargo Bank NA Org ID: 1000113 a Member of Mortgage Electronic Registration Systems, Inc. (MERS), and are hereby appointed as assistant secretaries and vice presidents of MERS, and, as such, are authorized to:

(1) release the lien of any mortgage loan registered on the MERS System that is shown to be registered to the Member;

(2) assign the lien of any mortgage loan naming MERS as the mortgagee when the Member is also the current promissory note-holder, or if the mortgage loan is registered on the MERS System, is shown to be registered to the Member;

(3) execute any and all docmnents necessary to foreclose upon the property securing any mortgage loan registered on the MERS System that is shown to be registered to the Member, including but not limited to (a) substitution of trustee on Deeds of Trust, (b) Trustee ' s Deeds upon sale on behalf ofMERS, (c) Affidavits of Non-military Status, (d) Affidavits of Judgment, (e) Affidavits of Debt, (I) quitclaim deeds, (g) Affidavits regarding lost promissory notes, and (h) endorsements of promissory notes to VA or HUD on behalf ofMERS as a requin,d part of the claims process;

(4) take any andall actions and execute all documents necessary to protect the interest of the Member, the beneficial owner of such mortgage loan, or MERS in any bankruptcy proceeding regarding a loan registered on the MERS System that is shown to be registered to the Member, including bnt not limited to: (a) executing Proofs of Claim and Affidavits of Movant under 11 U.S.C. Sec. 501-502, Bankruptcy Rule 3001-3003, and applicable local bankruptcy rules, (b) entering a Notice of Appearance, (c) vote for a trustee of the estate of the debtor, (d) vote for a committee of creditors, (e) atteod the meeting of creditors of the debtor, or any adjournment thereof, and vote 00 behalf of the Member, the beneficial owner of soch mortgage loan, or MERS, on any question tbat may be lawfully submitted before creditors in such a meeting, (I) complete, execute, and return a ballot accepting or rejecting a plan, and (g) execute reaffirmation agreements; .

(5) take any and all actions and execute all documents necessary to refinance, subordinate, amend or modify any mortgage loan registyred on the MERS System that is shown to be registered to the Member.

(6) eodorse checks made payable to Mortgage Electronic Registratioo Systems, Inc. to the Member that are received by the Member for payment on any mortgage loao registered on the MERS System that is shown to be registered to the Member;

(7) take any such actions aod execute such documents as may be necessary to fulfill the Member's servicing obligations to the beneficial owner of such mortgage loan (including mortgage loans that are removed from the MERS System as a result of the transfer thereof to a non-member ofMERS). .

I, Wj!liam C Hulonan, being the Corporate Secretary of Mortgage Electronic Registration Systems, Inc., hereby certify that the foregoing is a true copy of. Resolution duly adopted by the Board of Directors of said corporation effective as of day 16 of August, 2010 which is in full force and effect on this date and does not conflict with the Certificate of IncotpOration or By-Laws of said corporation.

William C. Hultman, SecretarY

Wells Fan:o Home Mortga:e a Division of Wells Fargo Bank NA ORG ID 1000113

~onday,J\ugust 16,2010

Mortgage Electronic Registration Systems. Inc. Certifying Officers

KARI\N ABERNETHY CAROLYN ALLEN PlTSWART ARTPHACHON RAMELJ\ ASLANOVA J\NlELA A VETISOVA IRIS BERGERSON LEE BlTTNER COURTNEY BOHANNON-LESUEUR JANENE BRENNAN CHlNABROWN ~ELANIE BURKEIT LYNN BURT lKA CAUW J\ Y LYNN CARDER LILYCHIU KATHLEEN CONNOR JODI CORNISH DOUGLAS CURRY EDWARD DEBUS CHARLES DENTON REBECCA DOWNEY VINCENZA DOYNE AMY DUFFY SHARON EUKER TINA FELICE ~ICHAEL FINNERTY ~ARIO FISHER ANGIE FLECKENSTELN RHONDA FLEMING-DALY SCOTT GALVIN CHERYL GARRETT ANDREA GIESE BRENDA GlESSEL~ JASON GILMORE BRENT GOHEEN IENNlFER GREEAR SEPTEMBER GRIESBACH SVJ,lLANA GUZlKOV A RALPH HALL ~ICHAEL HAMBLETON DEANHAMlLTON DARNETT A HARRIS LYDIA HERRERA ~ICHAEL HERRERAcJ\,IARKW ALD CYNTHIA HOOD JANE HOOPER ~ELANIE HOPKE SUSAN HUBER TASHONDA HUNT BELINDA INGRAM DA VID JEFFREY KAREN KAMNlKAR AMY KEM~MUELLER HERMAN KENNERTY RUKlY ABAl KEV AL ~ARCKLINE SYLVIA KOHUT LINDA KRAUSE .KA THLEEN KRETZER JOHN LARSEN BONNIE LAWLER KAREN LAZEWSKl

LAURA LEV ARlO JOHN LOGAN HOLLY LOMBARD CAROL MANE NEVILLA MAXWELL KARlE MCCLAIN NORlMCVEY CATHY MENCHISE KIM MILLER USA MOREHEAD DANIEL NASH MARlANATH LOUIS NICOLELLA ALANOHREN MICHELLE PIERSON JOSE PINTO TABITHA PORTER DONALD PURDES BARBARA RAASCH KATHRYN REVORD NICOLE ROBINSON PATRICIA RODNEY-DAVIS SANDRA ROMERO RENOKA ROOPANSINGH CLARA SALAS KEITH SCHARES CARL SEGEBRECHT ANGELINA SERRANO GAUNA SHKLOVER LORNA SLAUGHTER TYLER SMITH MICHAEL SNIVELY JOAN SPURGEON TAMMY STURGIS YELENA TATINTSEVA DlXlE TEAGLE JAMES TESKE BRAD THOMPSON ANDREA TORRES YELENA TURGUL TREVOR VAN RANST CARMEN V ARGAS Y AX VRlSCHIKA AMY WACHTER CHARLOlTE WALKER SHANNON WEISS RENEE WELLS KARON WENDT LEESA WHITT-POTTER MARK WOOTON LISA YBARRA SUSAN ZIERVOGEL MARLAN DOOSE KURT HOLM GARY ULMER LEAH JANSMA LlA DlAS ABEYGUNA WA PHILLIP BERNDT JOSH FOREMAN BRADLEY JENSEN JASON WILSON Keith Lenunennann

UNITED STATES BANKRUPTCY COURT SOUTHERN D1STRICf OF NEW YORK

\nRe:


Debtor.



RELIEF FROM STAY - REAL ESTATE AND COOPERATNE APARTMENTS

I C'''''l ( 1."...... OF WELLS FARGO BANK, NA, (HEREINAFTER, "MOVANT") HEREBY DECLARE (OR CERTIFY, VERIFY, OR STATE):

BACKGROUND INFORMATION

1. REAL PROPERTY OR COOPERATIVE APARTMENT ADDRESS WHICH IS THE SUBJECT OF THIS MOTION: 1167 GRENADA PLACE, BRONX, NEW YORK 10466

2. LENDER NAME: WELLS FARGO BANK, NA

3. DATE OF MORTGAGE: MAY 10, 2004

4. POST-PETmON PAYMENT ADDRESS: ONE HOME CAMPUS MAC X2302-04C DES MOINES, IA 50328

DEBTN ALUE REPRESENT A TIONS

5. TOTAL PRE-PETITION AND POST-PETITION INDEBTEDNESS OF DEBTOR(S) TO MOVANT AT THE TIME OF FILING THE MOTION: $358,040.69 (good through November 1,2010) (Note: this amount may not to be relied on as a "payoff" quotation.)

6. MOVANT'S ESTIMATED MARKET VALUE OF THE REAL PROPERTY: $430,000.00

7. SOURCE OF ESTIMATED V ALUA TION: Schedule A & D

STATUS OF DEBT AS OF THE PETITION DATE

8. TOTAL PRE-PETITION INDEBTEDNESS OF DEBTOR(S) TO MOVANT AS OF PETITION FILING DATE: (Good through November 1, 20 I 0) $3S8,040.69 .

A. AMOUNT OF PRINCIPAL:

B. AMOUNT OF INTEREST:

C. AMOUNT OF ESCROW (TAXES AND INSURANCE):

D. AMOUNT OF FORCED PLACED INSURANCE EXPENDED BY MOVANT:

E. AMOl.iNT OF ATTORNEYS' FEES BlLLED TO DEBTOR(S) PRE-PETITION:

F. AMOUNT OF PRE-PETITION LATE FEES, IF ANY, BILLED TO DEBTOR(S):

$343,427.12

$13,737.12

$2,8S0.76

$0.00

$0.00

$448.S0

9. CONTRACT INTEREST RATE: Fixed 6% (IF INTEREST RATE IS (OR WAS) ADJUSTABLE, PLEASE LIST THE RATE(S) AND DATE(S) THE RATE(S) WASIWERE IN EFFECT ON A SEPARATE SHEET AND ATTACH THE SHEET AS AN EXHIBIT TO THIS FORM; PLEASE LIST THE EXHIBIT NUMBER HERE:_J

10. PLEASE EXPLAIN ANY ADDITIONAL PRE-PETITION FEES, CHARGES OR AMOUNTS CH ARGED TO DEBTOR'S ACCOUNT AND NOT LISTED ABOVE:

'Property Inspection Fees Title Work Charge Suspense Amount

$95.00 $Iis.oo ($2,642.81)

AMOUNT OF POST-PETITION DEFAULT (AS OF 10/27/2010)

11. DATE LAST PAYMENT WAS RECEIVED: June 4, 2010 (applied to suspense)

12. ALLEGED TOTAL NUMBER OF PAYMENTS DUE POST·PETITION FROM FILING OF PETITION THROUGH PAYMENT DUE ON 10/01 /2010 AS THIS 18 A CHAPTER 7 CASE, THERE ARE NOW A TOTAL OF 7 CONTRACTUAL PAYMENTS NOW DUE.

13. PLEASE LIST ALL POST·PETITION PA YMENTS ALLEGED TO BE IN DEFAULT:

[ALLEGED ALLEGED l AMOUNT AMOUNT AMOUNT AMOUNT ILATEFEE PAYMENT AMOUNT RECEIVED APPLIED TO APPLIED TO APPLIED TO 'CHARGED DUE DATE DUE i PRINCIPAL INTEREST ESCROW I 'IF ANY) '04/01 /2010 $2,771.96 $89.70 'OS/01l201O $2,771.96 $89.70 ' 06101 120 I 0 $2,771.96 $0.00 '07/0112010 $2,771.96 $0.00 08/0112010 'S2.771.96 $0.00 09101120 I 0 82,771.96 $0.00 10/0112010 $2,771.96 $0.00 TOTALS: $19,403.72 $179.40

• AS THIS IS A CHAPTER 7, THERE ARE ALSO 4 PRE-PETITION MONTHLY MORTGAGE PAYMENTS NOW-DUE AS LISTED ABOVE.

14. AMOUNT OF MOV ANT'S ATTORNEYS FEES BILLED TO DEBTOR FOR THE PREPARATION, FILING AND PROSECUTION OF THIS MOTION: $650.00

15. AMOUNT OF MOVANT'S FILING FEE FOR THIS MOTION: $150.00

16. OTHER ATTORNEYS' FEES BILLED TO DEBTOR POST-PETITION: $0.00

J 7 AMOtJ'NT OF MOV ANTS POST-PETITION INSPECTION FEES: S50.00

18. A-MOUNI OF MOVANT'S POST-PETITION APPRAISAUBROKER'S PRICE OPINION: $0.00

19. AMOUNr OF FORCED PLACED INSURANCE OR INSURANCE PROVIDED BY THE MOVANT POST-PETITION: $0.00

20. SUM HELD IN SUSPENSE BY MOVANT IN CONNECTION WITH THIS CONTRACT, IF APPLICABLE: $2,642 .81 (Debtor Funds)

21. AMOUNT OF OTHER POST-PETITION ADV ANCES OR CHARGES, FOR EXAMPLE TAXES, INSURANCE INCURRED BY DEBTOR ETC.:

·i

Post-Petition MlP/PMI Post-Petition City Taxes

$417.33 $751.31

REQUIRED ATTACHMENTS TO MOTION

PLEASE ArrACH THE FOLLOWING DOCUMENTS TO THIS MOTION AND INDICATE THE EXHIBIT NUMBER ASSOCIATED WITH THE DOCUMENTS,

'\

L COPIES OF DOCUMENTS THAT ESTABLISH MOVANT'S INTEREST IN THE SUBJECT PROPERTY, FOR PURPOSES OF EXAMPLE ONLY, A COMPLETE AND LEGIBLE COpy OF THE PROMISSORY NOTE OR OTHER DEBT INSTRUMENT TOGETHER WITH A COMPLETE AND LEGIBLE COPY OF THE MORTGAGE AND ANY ASSIGNMENTS IN THE CHAIN FROM THE ORIGINAL MORTGAGEE TO THE CURRENT MOVING PARTY, (EXHIBIT A)

2, COPIES OF DOCUMENTS THAT ESTABLISH MOVANT'S STANDING TO BRING THIS MOTION, (EXHIBIT A,)

3, COPIES OF DOCUMENTS THAT ESTABLISH MOVANT'S INTEREST IN THE REAL PROPERTY OR COOPERATIVE APARTMENT WAS PERFECTED, FOR THE PURPOSES OF EXAMPLE ONLY, THIS MAY BE A COMPLETE AND LEGJBLE COPY OF THE FINANCING STATEMENT (Uce- J) FILED WITH THE CLERK'S OFFICE OR THE REGISTER OF THE COUNTY IN WHICH THE PROPERTY OR COOPERATIVE APARTMENT IS LOCATED, (EXHIBIT A.)

CERTIFICATION FOR BUSINESS RECORDS

I CERTIFY THAT THE INFORMATION PROVIDED IN THIS FORM AND/OR ANY EXHIBITS ATTACHED TO THIS FORM (OTHER THAN THE TRANSACTIONAL DOCUMENTS ATTACHED AS REQUIRED BY PARAGR.t>,PHS 1.2 AND 3. IMMEDIATELY ABOVE) IS DERIVED FROM RECORDS. THAT WERE MADE AT OR NEAR THE TIME OF THE OCCURRENCE OF THE MATTERS SET FORTH BY. OR FROM INFORMATION TRANSMITTED BY. A PERSON WITH KNOWLEDGE OF THOSE MATTERS. WERE KEPT IN THE COURSE OF 'mE REGULARLY CONDUCTED ACTIVITY; AND WERE MADE BY THE REGULARLY CONDUCTED ACTIVITY AS A REGULAR PRACTICE.

I FURTHER CERTIFY THAT COPIES OF ANY TRANSACTIONAL DOCUMENTS ATTACHED TO THIS FORM AS REQUIRED BY PARAGRAPHS I. 2 AND 3. IMMEDIATELY ABOVE. ARE TRUE AND ACCURATE COPIES OF THE ORIGINAL DOCUMENTS. I FURTHER CERTIFY THAT THE ORIGINAL DOCUMENTS ARE IN MOVANT'S POSSESSION, EXCEPT AS FOLLOWS: __ _

DECLARATION

I. C""q ( Z""",, OF WELLS FARGO BANK. NA HEREBY DECLARE PURSUANT TO 28 U.S.C. SECTION 1746 UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT BASED ON PERSONAL KNOWLEDGE OF THE MOVANT'S BOOKS AND BUSINESS RECORDS.

EXECUTED AT .,-hur""J"' ..... "'i""<!:,, _ ___ <CITYfTOWN>. ~ <STATE> ON THIS 2<1 DAY OF Ol.tc.bo-"...., , 20~_

C'W'! ( '"ku ..... <PRINT NAME>

<TITLE>

. WELLS FARGO BANK, NA

8480 STAGECOACH CIRCLE

FREDERICK. MD21701

B6A (OrotbJ Form 4A) (12/07)

In re Tandala Mims Case No. ___________ _

Debtor

SCHEDULE A - REAL PROPERTY Except as directed below, list all real property in which the debtor has any legat, equitable, or future interest, inoludiJlg al1 property owned as a

cotenant, community property, or in which -the debtor htls a life estate. Include any property in which the debtor bolds rights and powers exercisable for the debtor's own benefit. If the debtor is married, state whether husband,. wife, both. or the marital community own the property by placing an "H.n "W." "I," or "C" in the column Jabeled "Husband, Wife, Joint, 01 CommUIlity.'1 lfthe debtor holds no interest in real property. write "None" under "Description and Location of Property."

'Do not jnclude inter-ests in executory eoutraets and lmexpired leases on this schedule. List tbem In Schedule G - Encutory Contracts and Unexp.ired Le2ses. ~

Tf an entity claims to have a lien or hold a secured interest in any property, stale the amount of the secured claim. See Schedule D. Ifno entity cJaims to hold a .!lccnred interest in the property, write "None" in the column labeled "Amount ofSecun:d Claim." If the debtor is an intlividual or if a joint petition is filed, stale the amounl of any exemption claiO"led in the property only in Scbedule C - Property CJeimod as Exempt.

Description and Location of Property

2 Family HotJse at 1167 Grenada Place. Bronx, NY

Nature of Debtor's Interest in Property

Joint tenant

_0_ contiouation sheets attached to the Schedule orRea1 Property

Solrw. ro Copyright (e) 1996-2010 ~ Best Case Soiulions ~ Evanslon, IL. www.bllslca.&e.atm

Husband. Wife, Joint. or

Community

Current Value of Debtor'S Interest in Property, without

Deducting any Secured Claim or Bxemption

Sub-Total >

Total>

430,000.00

430,000.00

430,000.00

(Report also on Swnmary of Schedules)

Amount of Secured Claim

377,676.00

(Total of this page:)

Belli Case Bankruptcy

U6D (ONJd_1 Fof"l'l) 6D) (llJ07)

In re Tandala Mlms Case No. ___________ _

Debtor

SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS

Stale the lIame, ml:lilin& address, including 2';ip code, and last (our digits of lITIy account number Df all entities holding claims secured by property {lfthe debtor as of the dale ofming of Ihe petition. The complete aC(:ountnumbcr ofallY account the debtur bas with the creditor i5 useful to the trustee aod !he credilor and may be provided if tile debror chooses to do 80. List creditors holdiog all types of lecll1'ed mterests silch as judgment Jiem, garnhihments, statutory lienl, mort~.ages., deeds of trost, and other security interellts.

List creditors in alphabetical order TO the exlCnt practieable. Jf 3 minor child is a creditor, the obild's initials and (be name :md address oflhe child's parent or gll8rdian. such as "A.B., 8 minor child, by Jobn Doc, guardian.n Do not disclose the child's name. See, 11 V.S.c. §112 and Ftd. R. Bankr. P. lOO7(m). If 1111 secured credilOrs win not fit OJ) tbis pAge, use the continuation sheet pTOviOed.

If any entity other than & spouse in a joint case may be jointly liable on a c1aim'llaee an ''X" it1. the column labeled "Codebtor" .include tht: cntity on the appropriat~ schedule of creditors, aDd complete Schedule H" Codebtorn.lf a Joint petition is file > state wheUlcr the husband, wire~ both v(them, or themllrital community may be liable on each elalm by placing an "ll", "W", "r', or "e" in the column labeled "Husband, Wim, loint, or Gommunity",

If !he claim is eontmgent, place an "Xn in the column labeled "Contingentft • Ifthc claim is unliquidated, place an ~xn in the column labeled "Unliquidated". ]f the claim is dis.pult.:d, place an "X" in the column Jabelcd "Disputed". (You may ncoo to place an "X" in mon: than OIlt of these thl'ee columns.)

Totalthc columns labeled" Amount of Claim Without Deducting Value of Collateral" BOd 00Unsccured Portion. if Any· jo the boxes labeled "J'otaJ(sf on Ihc last sheet oftbe completed schedule. Report the total from the cotwnn Jabeled "Amount of Claim" also 00 the Summar)' ofSchcduJe.s and. iftbe debtor is 8D individual with

.£..rimilrily consumer debts, report 1he total from Ihe eo1nmn labeled "Unsecured PortionD on the statistical Summary of Certnm Liabilities lind Related [)ata. U Check this box if dcblor has DO creditors holding secured claims to TCport on tbis Schedule D.

e Hushand Wiflit JoIn or Cornmvnllv C U 0 AMOUNT OF CREDITOR'S NAME 0 0 N I CLAIM

AND MAILING ADDRESS 0 H DATE CLAIM WAS INCURRED. N L s UNSECURED E w NATURE OF LJENVAND T I p WITHOUT

INCLUDING ZIP CODE, • I a u DEDUCTING PORTION,JF T J DESCRIJ>TION AND ALtiE N u T ANY AND ACCOUNT NUMBER ~ c OF PROPERTY • I E VALUE OF

(See instructions above.) E 0 0 COLLATERAL SUBmCf TO LIEN N • Account No. 12044447550154 3/06 T T

E 0

M&TBank Second Mortgage

One Fountain Place 2 Family House at 1167 Grenada Place. 3rd Floor 'j

Buffalo, NY 14203 . Bronx,NY

Value $ 430,000.00 34,249.00 0.00

Account No. 9360644233025 Opened 5/10/04 Lost Active 5/17/10

Wells Fargo Hm Mortgag Mortgage

8480 Stagecoach eir 2 Family House at 1167 Grenada Place, Frederick, MD 21701 . Bronx. NY

Value $ 430,000.00 343,427.00 0.00

Account No.

Value $

Account No.

Value S

° Subtotal

--continuation sheets attached (Total of this page)

377,676.00 0.00

Total 377 ,676.00 0.00 (Report on Summary QfSchedules)

Software CWynght {c) 1!196--2010 _ Besl Cesa Solution'!;· EVOlIston.ll-W'.vw.bo:o,>lcase.c:om D~t case BanknJplq


InRe:


Debtor.

ORDER



Wells Fargo Bank, NA, a secured creditor of Debtor, ("Secured Creditor") having moved this Court for an

Order modifYing the Automatic Stay in this proceeding by permitting said Secured Creditor to foreclose on the

mortgage of premises commonly known as 1167 GRENADA PLACE, BRONX, NY 10466, of which the Debtor

is the owner of record, and

The motion having come to be heard before this Court and no opposition having been submitted by

SALVATORE LAMONICA, ESQ., the Chapter 7 Trustee, by the U.S. Trustee, or by DAVID BRODMAN,

ESQ., counsel for the Debtor, and due deliberation having been had, now

Upon Reading and Filing of the Notice of Motion, the Application of Secured Creditor dated November

10,2010, and proof of service upon all necessary parties, upon motion of the Office of Steven J. Baum, P.C., it is

hereby

ORDERED, that as to the Secured Creditor or its successors or assigns, the automatic stay is terminated,

permitting it to foreclose or otherwise pursue its mortgage remedies and rights on the premises commonly known

as 1167 GRENADA PLACE, BRONX, NY 10466; and it is further

ORDERED, that the Trustee retain any and all interest that said Trustee may have in any surplus monies

that may be produced from a foreclosure sale of the property, and will be noticed of any such sale of the property

and surplus money proceedings.

DATED: Manhattan, New York November ,2010

Hon. MARTIN GLENN, U.S.BJ.

Documents

In Re Mims Creditors Motion for Relief of Stay 10 Nov 2010