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SUPREME COURT OF THE STATE OF 0"W YOftX

APPELATE DIVISION; SEC^'D JUDUCIAL DEPARTMENT


In the Matter of Michael Krichevsky.
Petitioner,
Index No:5"Ci6/2ijl016
Appellate Division Docket
-against-
No^ cP/S- I g
NOTICE OF BY /i/e
Judge Noach Dear ARTICLE 78 VERIFIED
Shmuel Taub, Esq. PETITION UNDER
Woods Oviatt Oilman LLP
DURESS
Brettanie L. Hart Saxton, Esq.
Victoria E. Munian, Esq.
David B. Wildermuth, Esq.
Michael Thomas Jablonski, Esq.
Wells Fargo Bank, NA
Us Bank, NA
Respondents.

TO THE ABOVE NAMED RESPONDENTS.

PLEASE TAKE NOTICE that, upon the aiyiexed Verified Petition Under Duress, and the
exhibits attached therein, the undersigned will move tliis Court at a term thereofto be held at 45
Monroe Place, Brooklyn, New York, 11201, on the<^7^day of A 2019 and time t^bf^
scheduled by the court:

For an Order ofJudgment pursuant to Ajlicle 78 ofthe Civil Practice Law aptkulss-
:0' 3or is^
1. Declaring pursuant to C.P.L.R. ij 3001 that respondents proceeded, is procwdir^
cn
about to proceed without or in excess ofjurisdiction (prohibition). -u
2. Annulling the Decision and Order ot the Kings County Supreme Court Judge I^ach ^
Dear on the ground that the body or officer failed to perform a duty enjoined upon him by Law
and Equity(mandamus to compel)to determine jurisdiction, and declaring his determination to
be without jurisdiction, arbitrary, capricious, an abuse ofdiscretion due to bribery. Obstruction
of Justice, fraud upon the court by officers ot the court and cover up of corruption.
3. Declaring pursuant to C.P.L.R. 3001 that a determination was made in violation of
lawful procedure, was effected by an error in law, contrary to established law and procedure, or
was arbitrary and capricious or an abuse of discretion, including an abuse of discretion as to the

measure or mode of penalty (mandamus to review).

4)Declaring pursuant to C.P.L.R. § 3001 that determination was not made as a result ofa

hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire

record, supported by substantial evidence.

5)Declaring pursuant to C.P.L.R. § 3001 that decision and order is void due to unclean

hands ofrespondents; are coram nonjudice, and therefore has no force and effect.

6)Issue Preliminary Injunction or TRO per Article 63 while this article 78 petition

litigated.
^iT f
6) And for such other and further relie(^to this Court may seem just and proper

including referral to District Attorney for prosecution of attorneys' perjury and criminal

harassment of Petitioner,

TAKE FURTHER NOTICE that in case you failed to appear, the judgment by default

will be taken against you for the relief demanded.

Dated; Brooklyn, New York


February 21, 2019

Michael Krichevsky, sui juris


4221 Atlantic Ave
Brooklyn, New York 11224
(718)687-2300
SUPREME COURT OF THE STATE OF NEW YORK
APPELATE DIVISION: SECOND JUDUCIAL DEPARTMENT

in the Matter of Michael Krichevsky, Index No:5(9 Ull!10/C


Petitioner,
Appellate Division Docket
-against- ^ozoig-igo3
Judge Noach Dear ARTICLE
Shmuel Taub, Esq. 78 VERIFIED PETITION
Woods Oviatt Oilman LLP UNDER DURESS
Brettanie L. Hart Saxton, Esq.
Victoria E. Munian, Esq.
David B. Wildermuth, Esq.
Michael Thomas Jablonski, Esq.
Wells Fargo Bank, NA
Us Bank, NA
Respondents.

Michael Krichevsky, sui juris, self-governed alive man under protest and duress, and

acting under doctrine of necessity for self-defense says:

1. I am a live, certified by Social Security Administration physically disabled man, the

Petitioner in the Appeal by Article 78 petition.

2. I make this petition under duress due to my ongoing health problems while I am under

doctor's care in Coney Island hospital.

3. Some facts in this petition stated upon information and belief derived from conversations

with Respondent's Us Bank, NA and Wells Fargo Bank, NA employees and documents

maintained in my file.

4. Other facts stated in this petition are within my first-hand knowledge, and if called on as

a witness, I could competently testify as follows below.


INTRODUCTION

5 Etched in stone above the doors to the Supreme Courthouse at 60 Centre Street in

Manhattan, the words of George Washington, delivered in 1789, endure to proclaim that, "The

true administration ofjustice is the firmest pillar of good government." Since then, the "true

administration ofjustice," with regard to law and equity has depended on honest, competent and

unbiased Justices of State courts.

6. Underlying action is foreclosure matter that started in 2009, and if it would appear to the

reader to be bazaar, it is because in fact it is. However, under scrutiny it is not only bazaar, but

also criminal and corrupt in nature.

7. It started with "sewer service" by unscrupulous process server claiming in his affidavit of

service that 1 was personally served through my brother, John Krichevsky, who accepted

summons and complaint on my behalf in Manhattan at 89 Fairview Avenue with no apartment

number. The facts are, at that address there is seven-story multiple dwelling building, I had no

brothers in my family and I did not reside at that building. The second, similar affidavits of

service stated that process server made several attempts to serve me at 4221 Atlantic Ave.,

Brooklyn, NY and finally summons and complaint were attached to the door and a copy was

mailed at that address. The facts were that process server was not there because at that time this

house was in ruins, there was no door and there was no mailbox at that time. I still have pictures

and documentary evidence to back it up. Needless to say, I was not aware ofthis action and

Plaintiff attempted to win this action by fraudulently defaulting me. Later on, I learned that

behind this action was notorious Steven J. Baum, P.C.- New York's King of foreclosure mills,

which was investigated by New York Attorney General and US Attorney for fraudulent

documentation, notes, mortgages and assignments used in foreclosures. As a result, this firm was
penalized and disbanded. Thereafter, administrative judge of Kings County Supreme Court

dismissed this action.

8. Several months later, another unscrupulous law firm attempted to restore this case to the

calendar. At least they did serve me with their motion to restore and I timely opposed it. I

demanded to see an original note that I allegedly signed. One oftheir attorneys appeared in open

court and produced the note for my examination. I "took the note apart" so to speak and pointed

to all its problems and inconsistencies as fabricated, fake, forged instrument created for the

purpose offoreclosure litigation. Attorneys of this firm attempted to railroad me with their false,

perjurious and unsigned affirmations with similar affidavits and exhibits. However, beloved Hon.

Bert Bunyan (old school judge) upheld law and order in my favor and permitted me to go on

trial. As a result. Plaintiffs attorney filed motion to voluntarily discontinue the action. On the

motion hearing date. Plaintiffs attorney requested that I allow the firm to save their face and not

oppose this motion with my demand for trial. As I was inexperienced in dealing with corrupt

attorneys, I did not cross move to dismiss this case "with prejudice."

0. That was my mistake in trusting attorneys, because in 2016 Woods Oviatt Oilman LLP

started "Round 3 foreclosure" with newly fabricated note, mortgage and assignment using the

same "sewer service" practice.

10. This time,judge Noach Dear(Dear) was not going to uphold the law and order.

Circumstantial evidence suggests that he is on a take so to speak and illegally ruled in favor of

corruption. Otherwise, how Dear could lawfully reconcile the fact that the same alleged plaintiff

in possession oftwo obviously different "Original Notes," copies of which its attorneys filed in

Kings County Supreme Court.

1 1. As such, my research concluded that this matter cannot be directly appealed by me


saying,"the court erred" in issuing its decision and order because Dear is not the court and he

did not err in this proceeding. In fact, he did exactly what he intended to do because after I

notified him of attorneys fi"om Woods Oviatt Oilman LLP misconduct and criminal behavior, he

refused to reprimand them thereby creating an inference of knowledge and intent of his personal

wrongdoing. His decision and order is deliberately false and misleading. Below, I will

demonstrate to the court that he listed no facts, which he used in his decision. As such, his legal

conclusions are false and contrary to the evidence.

12. This Petition is my attempt to notify the judges ofthe Second Department, which

supposedly supervise judges and attorneys and removes them from the office for misconduct and

moral turpitude. In fact, I am reporting Treason to the judge(s) ofthis court, as well as violations

of Code of Judicial Conduct and New York Rules of Professional Conduct to New York

Tribunal per Rule 8.3 - Reporting Professional Misconduct.

"When an honest man, honestly mistaken, comes face-to-face with undeniable and
irrefutable truth, he is faced with one of two choices, he must either cease been
mistaking or cease being honest." Amicus Solo

13. What happened to me in Supreme Court is systemic public corruption. The following

events have happened to others before in Brooklyn Supreme Court. Form Wikipedia;

Gerald Carson
From Wikipedia, the free encyclopedia
Gerald Phillip "Gerry" Garson (born August 3, 1932) is a former New York Supreme Court
Justice who heard matrimonial divorce and child custody cases in Brooklyn.[5] He was
convicted in 2007 of accepting bribes to manipulate the outcomes of divorce
proceedings.[l][6][7] Garson was imprisoned from June 2007 until December 2009.[8] In the
bribery scheme, a "fixer" told people divorcing in Brooklyn that for a price he could steer their
case to a sympathetic judge.[9] After the fixer received a payment, he would refer the person to a
lawyer contact of his, who had given Garson drinks, meals, cigars, and cash—accepting(and
receiving) preferential treatment in return.[9][10] The fixer and the lawyer would then bribe
court employees to override the court's computer system, which was programmed to ensure that
cases were assigned to judges randomly. Instead, they would have the case assigned to
Garson.[9][11] Garson, in turn, would then privately coach the lawyer. He would tell him
questions the lawyer should ask of witnesses in the case before Garson, and arguments that the
lawyer should make to Garson in court.[12][13] Garson would then rule in favor ofthe
lawyer.[12][13] Garson was indicted in 2003, on the basis of video surveillance of his judicial
chambers, and recordings made on a body wire worn by his "favored" lawyer. At his four week
trial in 2007, he was acquitted on four counts, but found guilty on one count of accepting bribes,
and on two lesser charges of receiving rewards for official misconduct.[6] He was sentenced in
June 2007 to three to ten years in prison. In December 2009, after 30 months in prison, he was
released for good behavior at the age of 77.[14]
The New York TimeSy commenting on Carson's conviction, observed: "It was news that
confirmed every sneaking suspicion, every paranoid fantasy of anyone who had ever felt
wronged in a divorce court."[151

14. In addition to the scheme described above, the scheme that Respondents operated under

and against me described in detail in the book "The Importance ofBeing Honest" by Law

Professor Steven Lubet (available at AMAZON). In Chapter 31 on page 174 Professor relates,

"In California, Judge Gregory Caskey was publicly admonished for sending the following e-mail

to an attorney;

"1 am considering summarily rejecting [opposing counsel's] requests. Do you want me to let

[opposing counsel] have a hearing on this, or do we cut [opposing counsel] off summarily and

run the risk [of] the [Court of Appeals] reversing? ... I say screw [the other party] and let's cut

[opposing counsel] off without hearing. O.K.? By the way, this message will self-destruct in five

seconds."

The recipient of Caskey's message replied as follows:

"Your Honor, 1 don't feel comfortable responding ex-parte [sic] on how you should rule on a

pending case."

By return e-mail the judge sent a one-word response, stating, 'chicken'."

15. Similarly to this scam above. Dear summarily denied all my requests in my Omnibus

cross-motion without explanation, and particularly my motion for Travelers hearing, which is the

key to prevent his illegal decision and order.

JURISDICTION AND MEMORANDUM OF LAW ON JURISDICTION


16. I filed this Appeal by Original Article 78 Petition in this court.

17. This appeal is the direct attack on void orders.

18. It is void due to the bribery and case fixing by Dear and respondents involved, which is

the only logical reason for such miscarriage ofjustice.

19. I make this petition under duress, in self-defense and in fear for my life as they try to

plunder my wealth and leave me homeless while I am trying to recover from my disability.

20. I contend that due to corruption and violation ofthe Federal and State RICO by all

respondents in concert, no Jurisdiction existed in lower court.

21. Dear's cover up of corruption is in conflict with federal and state constitutional laws,

which explained by this eloquent ruling from United Stales v. Stewart, 234 F. Supp. 94(D.D.C.

1964);

''The officer may be sued only if he acts in excess of his statutory authority or in
violation of the Constitution for then he ceases to represent the Government."

Respondents- State actors had/have no subject matter and personal jurisdiction in my


case due to felonies and intentional torts planed and committed by them against me under
color of law and color of office

22. Felonies and intentional torts by state court actors are acts in excess of their statutory

authority and in violation ofthe Constitution.

23. This court has inherent jurisdiction over respondents in the interest of Justice to do Right

and to stop their harassment, felonies and damage to me.

24. This court has inherent jurisdiction over respondents as a body admitting attorneys to

practice law in Second Department and as body policing attorney's misconduct that they

committed against me. As such, this court should revoke all respondents' licenses and

admissions to practice law in this state - or this court is failing to protect the public and joins

wrongdoers itself.
25. My legal research points to this court's Fiduciary Duties to provide remedy to the injured,

and by doing so, ability to convert any pleadings into any other form of pleading smsponte in

the Interest ofJustice and under doctrine that substance trumps the form, see Haines v.Kerner,

404 U.S. 519( 1972 ), a judge should look to the substance not the form for Pro Se pleadings.

Pro Se litigant should be allowed to present evidence to support his claims.

26. As taxpayer, I have a clear contractual and legal rights for protection by the state from

intentional torts and felonies committed by its agents. As such, state breached contractual and

fiduciary's duty to protect me from felonies of its agents.

Rebuttal of false presumptions of court's regular due process, presumed correctness of the
denials,judgments or orders with implied ^^hearing held, evidence taken" with implied
'Tindings of fact and conclusions of law"- all in violation of all five subsections of CPLR
7803

27. All Respondents overtly and in concert harassed me and denied me remedy.

28. There are no findings of fact and no conclusions of law, which is/are not intentionally

false, misleading or absurd on the record of this case.

29. There is/are no findings offact and conclusions of law, 1 could have taken on appeal and

in good faith and with straight face say, "the court erred ..." as I know it would be a perjury on

my part and I would be waiving liability of respondents.

Bribery and fraud upon the court by officers of the court entirely divests Supreme court of
jurisdiction

30. This court has inherent jurisdiction and duty to police lower court's misconduct and

felonies of Respondents and over the claims brought pursuant to C.P.L.R. Article 78 and,

specifically, exclusive jurisdiction per C.P.L.R. Article 7804(g)- Where the substantial evidence

issue specified.

31. This appeal by petition is filed in this court following C.P.L.R. §506(b)(1) that states:
"a proceeding against a justice ofthe Supreme Court or a judge of a county court...
shall be commenced in the appellate division of the judicial department where the
action, in the course of which the matter sought to be enforced or restrained originated,
is triable, unless the term of the appellate division in the department is not in session..."
[emphasis mine]

32. This court has jurisdiction over the claims for declaratory relief pursuant to C.P.L.R.

§3001. I ask this court declare right or wrong and do the right thing, thereby becoming

solution to the problem in this appeal.

33. I ask this court declare that orders of Dear are coram nonjudice ab initio.

VENUE

34. This proceeding brought in the judiciary department where respondents' principal offices

are located and wrongdoings done.

PARTIES

35. I, Michael Krichevsky (Krichevsky)- self-governed law-abiding man. Currently, I use

prescribed painkilling medication and under doctor's care, therefore I notify the court that I

require ample time to do my legal writing.

36. Judge Noach Dear is judge in foreclosure part 1, of Kings County Supreme Court. My

legal research of his persona led me to the New York Post's series of articles accusing him in

judicial corruption and case fixing, Exhibit A. He is officer who proceeded, is proceeding or is

about to proceed without or in excess ofjurisdiction against me and cause me irreparable harm.

37. Shmuel Taub, Esq. is Referee assigned by Dear, is officer who proceeded, is proceeding

or is about to proceed without or in excess ofjurisdiction against me and cause me irreparable

harm.

38. Woods Oviatt Oilman LLP is foreclosure mill, is body, which proceeded, is proceeding

or is about to proceed without or in excess ofjurisdiction against me and cause me irreparable

10
harm.

39. Brettanie L. Hart Saxton, Esq. is employee of Woods Oviatt Gilman LLP, is officer who

proceeded, is proceeding or is about to proceed without or in excess ofjurisdiction against me

and cause me irreparable harm.

40. Victoria E. Munian, Esq.(Munian) is employee of Woods Oviatt Gilman LLP, is officer

who proceeded, is proceeding or is about to proceed without or in excess ofjurisdiction against

me and cause me irreparable harm.

41. David B. Wildermuth, Esq. is employee of Woods Oviatt Gilman LLP, is officer who

proceeded, is proceeding or is about to proceed without or in excess ofjurisdiction against me

and cause me irreparable harm.

42. Michael Thomas Jablonski, Esq.(Jablonski) is employee of Woods Oviatt Gilman LLP,

is officer who proceeded, is proceeding or is about to proceed without or in excess ofjurisdiction

against me and cause me irreparable harm.

43. Wells Fargo Bank, NA is body, which proceeded, is proceeding or is about to proceed

without or in e.xcess ofjurisdiction against me and cause me irreparable harm.

44. Us Bank, NA is body, which proceeded, is proceeding or is about to proceed without or

in excess ofjurisdiction against me and cause me irreparable harm.

AFFIDAVIT OF BRIEF PROCEDURAL HISTORY AND MATERIAL FACTS WITH


COMBINED MEMORANDUM OF LAW

45. This affidavit, if unrebutted point for point by each respondent will stand as judgment

and admission of material facts. "Assertions by affidavit ... sufficient to make the prima facie

case" UnHed States v. Kis^ 658 F. 2d 526(1981).

46. This litigation started after Respondent Munian on 04/18/2016 electronically filed

summons and complaint with certificate of merit. Exhibit B.

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Trustee and Trust are two different entities: the real party is the Trust — but only if it is
an entity that exists and holds my alleged note

47. In her certificate of merit in ^ 5 Munian wrote,"Upon this review and consultation, to the

best of my knowledge, information, and belief, 1 certify that there is a reasonable basis for the

commencement of this action, and that plaintiff is the creditor entitled to enforce rights under

these documents/'[Emphasis mine]

48. This statement was false because it contradicted the Plaintiffs status as Trustee, who is

by definition is a neutral, nominal and/or custodial party - not the creditor whom I allegedly

personally owe money and who has a standing to enforce the note and mortgage in place of

Trust. In other words,"[a] defendant is nominal if there is no reasonable basis for predicting that

it will be held liable." Sha\v v. Dow Brands Inc., 994 F.2d 364, 369(7th Cir.1993).

49. This action is brought in the name of an implied trust, for which US Bank, NA is

designated as trustee. An implied trust cannot be Plaintiff as party to any legal action. Besides

lacking legal standing, it lacks legal existence. Moreover, without an existing trust, the mere self-

naming of oneself as trustee does not create or refer to a trust unless a trust actually exists.

50. Another contradiction to the whole scam is that Wells Fargo Bank, NA holds my alleged

note by assignment from "Lender."

51. Shortly thereafter, Munian filed motion for an order of reference and mailed it to me.

52. In reply, on March 8, 2017 I produced verified answer and counterclaim, filed it in court

and caused it to be served on Woods Oviatt Oilman LLP, Exhibit C.

53. I incorporate by reference herein procedural history of prior actions since 2009 from this

answer.

54. Munian rejected it without reasoning that her alleged client is surprised and/or prejudiced

by my late answer and did not answer my counterclaim.

12
55. One of the major affirmative defenses in this verified answer was defense that statute of

liniiiation has run in 2015.

56. Nobody from Woods Oviatt Oilman LLP has ever rebutted this defense.

57. If statute of limitation indeed has run, that would divest the lower court ofjurisdiction.

I notified Dear of prior history of fraud upon the court by officers of the court and current
fraud upon the court by Woods Oviatt Oilman LLP.

58. In reply to rejected answer and counterclaim, I filed in court NOTICE OF LIMITED

APPEARANCE with MEMORANDUM OF LAW AND UNDERSTANDING and caused them

to be served on Munian, Exhibit D.

59. In these documents, I challenged jurisdiction of the court for, inter alia, improper service

of process and requested Traverse hearing again.

60. To save trees and environment by saving paper, I incorporate by reference herein all my

averments and arguments from these documents, Exhibit D.

61. Because Woods Oviatt Oilman LLP continued to ignore the duty to rebut my averments

and arguments, I also produced cross motion with supporting affidavit in opposition to their

motion for order ofreference and in support of my cross-motion. Exhibit E.

62. In this cross-motion I moved the court for the following relief;

"1. Take judicial notice of Defendant's status as alive man, not juristic entity or
legal fiction such as corporation, trust or estate spelled NAME in all capital letters
on caption and in exhibits ofthis action.
2. As a first step, set in-court identification testimony ofPlaintiff and order
alleged plaintiff s attorney, WOODS OVIATT OILMAN, LLP. to show authority
per New York State Agency laws to represent alleged Plaintiff by disclosing
identity of the parties to retainer per CPLR 3013 and 3015(b), and order
continuance to conduct disclosure.
3. Dismiss the action with prejudice per CPLR §3211 (a)(5)- as 6 years Statute
of Limitation run.
4. Set up Traverse Hearing.
5. Order WOODS OVIATT OILMAN. LLP. to rebut my supporting affidavit
point for point with paper evidence in their possession per CPLR 2214(c) as I
expect that they would not do it intentionally.
6. Thereafter, per CPLR 2214(c) papers to be produced on notice and per CPLR
2218 trial of issue raised on motion compel WOODS OVIATT OILMAN. LLP.
to produce the jury proof ofPlaintiffs standing and identity; direct attorney
allegedly representing corporation or trust in court to appear with corporate
charter and/or other forming documents to rule out champerty, verify Plaintiffs
status, name, address and requirement to post a non-resident bond.
7. Thereafter or alternatively, per CPLR 3024(b) strike affidavits, affirmations
and assignments as bazaar, fabrications, sham, false, prejudicial and misleading;
alternatively, set up Evidentiary Hearing.
63. 8. Dismiss the action with prejudice per CPLR §3211 (a)(1),(2),(3),(5),
(7),(8),(10); §5015 upon the grounds of fraud, misrepresentation; misconduct.
Judiciary 478, evidence tampering and per unclean hands doctrine.
9. Additionally and alternatively, dismiss with prejudice NUNC PRO TUNG the
action per CPLR §3216 for failure to prosecute 2009 action, doctrines of equitable
estoppels and laches.
10. In the event this motion is not persuasive, compel Plaintiff to accept filed
answer with counterclaim per CPLR 3012(d).
11. In addition, for such other and further relief as to this Court may seem Just
and Equitable, including the costs of the cross-motion.
12. Dismiss the action per CPLR §321 1 (a)(1),(2),(3).(5),(7),(8) and dismiss
the action upon the grounds of fraud, misrepresentation and misconduct.
13. Alternatively, dismiss NUNC PRO TUNC the action per CPLR §3216 for
failure to prosecute and doctrine of laches.
14. Alternatively, dismiss the action under doctrine of unclean hands.
15. Sanction attorneys for alleged Plaintiff for frivolously starting this action.
16. Issue entry of default judgment on counter-claim.
17. In the event this motion is lost, compel plaintiff accept my Answer and
counter-claim.
18. In addition, for such other and further relief as to this Court may seem Just
and Equitable, including the costs of the cross-motion."

64. Thereafter I produced affidavit in opposition to motion for an order of reference. Exhibit

65. I incorporate by reference herein all averments and arguments in said affidavit.

66. Shortly thereafter or simultaneously, Munian produced REPLY AND AFFIRMATION

IN FURTHER SUPPORT OF MOTION FOR ORDER OF REFERENCE, Exhibit G.

14
67. Simultaneously, Jablonski produced APFIRMATION IN OPPOSITION to my cross-

motion, Exhibit H and shortly thereafter SURE-REPLY, Exhibit I.

68. This sure reply caused me to amend my cross-motion because in it Jablonski pasted a

web link to SEC,thereby changing his narrative and finally addressing my challenge that U.S.

BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING

CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006F does not

exist.

69. In addition, Jablonski directed my attention to Pooling and Servicing Agreement(PSA),

which was allegedly attached as Exhibit P in their motion for an order of reference.

70. I addressed this Exhibit P and my documents, which I downloaded from SEC per this

web link in my letters dated March 31, 2018 and April 23, 2018 to Dear, Exhibit M.

71. Jablonski knew or should have known that after SURE REPLY filed. Dear would not

allow me to produce any opposition to his sure reply or would not consider any.

72. Upon using the web link Jablonski provided, I found more puzzles in their narrative and

decided to travel at the headquarters of US Bank, NA in Ohio and Wells Fargo Bank, NA in

South Carolina to investigate and verify Woods Oviatt Gilman LLP narrative and facts.

73. I addressed the results and my findings from the trip in my letters to Dear (with several,

big size exhibits M), which I incorporate by reference herein.

Question raised per §7803 whether the body or officer failed to perform a duty enjoined
upon it by law

74. After so many hundreds of pages of facts, documents and arguments produced by me.

Dear issued false and fraudulent two page Decision and Order completely ignoring my filings

and letters, Exhibit O. In his decision. Dear writes,"To vacate his default, the Defendant was

required to show a reasonable excuse for his delay in serving an answer... Herein, the Defendant

15
denies the allegations against him, asserts that he did not waive his defenses, and states that he

spoke to PlaintifTs counsel on numerous occasions and was unable to obtain information he

requested from her. However, he does not present a reasonable excuse for not timely appearing

or answering in this matter." This statement is false.

75. To demonstrate this fact, I am attaching to the same Exhibit O,documentary evidence

demonstrating that I became a victim of"mortgage foreclosure rescue" scam, of which I notified

Dear in my letter dated April 23, 2018 on page 3(almost entire page). It seems to me that Dear

saw or read only what he wanted to see or read in order to arrive at predetermined outcome in

favor of respondents and him.

76. Dear and all these respondents essentially are saying in their paperwork, that the statute

of limitation, fraud, perjury, forgery and misconduct that we all jointly committed does not

matter in this court as long as we can nail Respondent on some procedural technicality and

plunder his life's savings for profit and gain.

77. Therefore, I invite this court to read the underlying procedural history together with

affidavits and exhibits, which are a part of this petition, to avoid repetition. These affidavits are

also an evidence of unrebutted by all respondents material facts in underlying litigation.

78. According to the above, respondents indeed failed to perform a duty enjoined upon them

by law

Rebuttal of Presumption of Correctness of Order

79. Entire record ofthis litigation, including letters to Dear, misconduct by attorneys

involved and subsequent cover up with refusal to report attorney misconduct and/or refer this

case for criminal investigation evidences that this decision and order is unfair and incorrect.

Substantial issue specified: Traverse Hearing, compel to accept the answer and rebut my
averments in affidavits are the most important relief on the merits of the case, which Judge

16
Dear deliberately failed to even address in his decision and order

80. No matter how hard Dear tried to change facts in his decision and order, it is void per

legal maxim "Things invalid from the beginning cannot be made valid by subsequent act."

Trayner, Max. 482. Maxims of Law, Black's Law Dictionary 9th Edition, page 1862

81. In Truax v. Corrigan, 257 US 312(1921), the court held, "the due process clause requires

that every man shall have the protection of his day in court and the benefit of the general law, a

law which hears before it condemns, which proceeds not arbitrary or capriciously but upon

inquiry and renders judgment only after trial so that every citizen shall hold his life, liberty,

property and immunities under the protection of the general rules which govern society.

Hiirtado v. California, 110 U.S. 516, 535. It, of course, tends to secure equality of law in the

sense that it makes a required minimum of protection for every one's right of life, liberty and

property, which the Congress or the legislature may not withhold. Our whole system of law is

predicated on the general, fundamental principle of equality of application of the law. "All men

are equal before the law," "This is a government of laws and not of men,""No man is above the

law," are all maxims showing the spirit in which legislatures, executives and courts are expected

to make, execute and apply laws.

CONCLUSION

82. I could go on and on, but the picture is clear - all respondents violated my substantive

and procedural due process in order to influence the outcome of litigation in their favor and to

make a profit by all involved deliberately damaging me.

WHEREFORE, I move this Honorable Court to review this Appeal by Petition on the merits in

its entirety, set aside Decision and Order; issue Preliminary Injunction or TRO and send this case

back to another judge to conduct discovery and trial on the merits; and for such other and further

17
relief as to this Court seems just and proper.

STATE OF NEW YORK)


)ss.: VERIFICATION
COUNTY OF KINGS )
Michael Krichevsky, being duly sworn to God, deposes and says;
1 am the Petitioner in the within action.
I have written the foregoing and know the contents thereof and the same is true to the
best of my knowledge, except as to those matters herein stated to be alleged upon information
and belief and that as to those matters, I believe them to be true.

Under duress, Michael Krichevsky, sui juris


,ioSworn to before me this
,26th day ofFebruary 2019

NOTARY PUBLIC

^ KRISTEN^RGELtqtN^
Notary Public, «ate ofNew York
NO.01BA6183514
Qualified In Nassau County^/N
Commission Expires 03/17/20^0/

18
EXHIBIT A
1/14/2018 Test/ judge sacked after beer blunder
| New York Post
'Testy'judgesacked after beer blunder
By BiocJ Hamilton July 22.2012 I 4:00am
I'Vl".!
OlS-ROBED: Judge Noach Dear has been let go from the Brooklyn courts after springing a public beer drinker.
https://nypost.coin/2012/07/22Aestyiudge^cked-after-beer-bfunder/ 1/2
1/14/2018 Testy'judge sacked after beer blunder
| New York Post
Judge Noach Dear has
DIS-ROBED:Judge Noach Dear has been let go from the Brooklyn courts after springing a public beer drinker.(Dennis Caruso) bOOted from
Brooklyn Criminal Court a
month after his bizarre ruling barred police from ticketing public drinkers unless cops lab-tested their booze.

The ouster comes amid outrage over his June 14 decision, which dismissed a case against a Brooklyn man,Julio Figueroa, who admitted he
was sipping a beer on the street

The judge concluded that enforcement of laws on drinking iri public is racially biased.

Dear. 59. a scandal-scarred ex-city councilman elected to the bench in 2007 and relegated to hearing low-levei debit disputes in recent
years, had volunteered to take criminal cases on the weekends in a bid to get promoted,courthouse insiders said.

'Somebody here messed up." a court source said."He never should have been given that assignment"

The state acknowledged that Dear's part-time gig was over.

"The judge was,in fact, volunteering on the weekends because of a resource shortage, but at this point his services are no longer needed."
said courts spokesman David Bookstaver.

Dear's ruling nullified a long-accepted police practice — sniffing a suspea's beverage — and meant police would be required to conduct a
chemical analysis to make their cases stick.

Open<ontainer summonses are a widely used policing toot,resulting in more than 12,000 arrests for other crimes in 2011, by one police
supervisor's estimate. Cops wrote 124,498 drinking tickets during the year.

Td say 10 to 15 percent of the time we issue a violation, we find they're wanted for something else," a NYPD source said.

Legal experts slammed Dear's ruling for going well beyond the scope of a judge's authority.

■'He's legislating from the bench," said legal analyst Arthur Aidaia. "He's saying we're not going to enforce the law even though people of
color violate the law. That's ludicrous."

The ruling raised memories of how Dear got his gavel -• in a backroom deal orchestrated by Brooklyn Democratic boss Vito Lopez.

Dear, who spent 18 years as a Democratic city councilman before being term-limited out in 2001, was dogged by scandals, many involving
improper overseas junkets paid for by charities. When he ran for Congress in 1998, his staff allegedly forged signatures to duck campaign-
donation laws.

In 2003, after two years as TLC commissioner, he tried to run again for City Council but was knocked off the ballot for accepting campaign
financing from taxi companies.

Because he had nearly defeated Kevin Parker in a state Senate race In 2002, Lopez saw him as a threat to the party's candidates.

So the boss backed him for judge — even though Dear was never a practicing lawyer and got a thumbs down from the Brooklyn Bar
Association.

https;//nypost.com/2012/07/22/testy-ju(tge-sadted-after-b8er-blunder/ 2/2
1/14/2018 Controversialjudge Noach Dear should be probed: assemblyman
| New York Post

Controversialjudge Noach Dearshould be


probed:assemblyman
By Mcli'ifn Klom October 15,2017 I 1:11ani

r Yife

Noach Dear

The state's judicial watchdog should investigate controversial Brooklyn Supreme Court Justice Noach
Dear,a top lawmaker said.

The Commission on Judicial Conduct has "the right to initiate their own inquiry. I can't envision how they
could be missing this, it's very blatant and it's concerning." said Assemblyman Michael Montesano,the
ranking Republican member of the Judiciary Committee.

The Post has revealed how an ex-con is a regular in Dear's courtroom and helps steer deadbeat
ControversialJudge Noach defendants to lawyers who then get their clients favorable deals before the judge.
Dear Is gunningfor more
power

httpsJ7nypost.coin/2017/10/1S/ccntroverslaHudge-noactvdear-should-be-probed-assemblyman/ 1/2
1/14/2018 Controversial judge Noach Dear should be probed: assemblyman
| New York Post
The former felon. Chaiin Pinkesz. also worked behind the scenes to help get Dear elected to the state
Supreme Court in 2015.sources told The Post.

Dear, who handled consumer debt cases in Civil Court before his election to the higher bench, managed to get himself back to his old
courtroom on Mondays and Tuesdays to continue to hear those cases. Many involve members of his own Orthodox Jewish community.

"These things are quite disturbing," Montesano told The Post.

The Commission on Judicial Conduct's probes are secret and its adminisuator. Robert Tembeckjian, would not comment on Dear.

A spokesman for the state court system said Dear's assignment would be reviewed at the end of the year along with those of other judges.

The court system has maintained that Dear Is helping out in the lower court because it was "strapped for resources."

After a political career dogged by corruption scandals. Dear was elected to the bench in 2007 despite being deemed "not qualified" by
both the Brooklyn and New York bar associations.

His fate is now squarely in Gov.Cuomo's hands. Dear has applied for one of the top Jobs in the court system — presiding justice of the
Appellate Division Second Department in Brooklyn — and a screening committee made its recommendations to Cuomo's office earlier this
month.

Cuomo's office did not respond to a request for comment.

JUDGES.JUSTICES. STATE SUPREME COURT

htlps://nypostcom/20l7/10/1S/oontroveislaHudge-noach-dear-should-be-probed-assemblyman/ 2/2
1/14/2018 This ex-con Is a (riend to at) debt-rattted deadbeats I New York Post

Thisex-con isafriend to all debt-rattled deadbeats


By Melisso Kl^m October 8.20t7 I 4;523in

■fjjjKi''

Chaim Pinkesz

A convicted fraudster spends his days in a Brooklyn courtroom steering deadbeats to lawyers in debt-collection cases that often get
favorable rulings by controversial Judge Noach Dear. The Post has learned.

And the ex-con, Chaim Pinkesz. helped put the Jurist on the bench, sources said.

Pinkesz. 58, acts as a messlah-like figure in his Orthodox Jewish neighborhood, holding "office hours" in his home for debtors and others
who need lawyers.

Pinkesz is part of the Shmira neighborhood safety patrol, and keeps a scooter parked outside his Borough Park home where he also holds
fund-raisers for political candidates and ran a charity to help single mothers.

But behind the scenes, he has been accused in court papers of threats and harassment.

Lawyer Alan Rubenstein. who is embroiled with Pinkesz in a legal dispute over a $5 million life- insurance policy, alleged in a letter to
Supreme Court Justice Johnny Lee Baynes that "these threats began literally the moment this action was commenced and occurred even In

httpsJ/nypost.com/2017/10/08/thls-ex-con-is-a4nend-to-ali-debt-rattled-deadbeat8/ 1/2
1/14A2018 This ex-con is a friend to all debt-rattled deadbeats
| New York Post
the courtroom Itself. His threats ran the gamut and included threatening me with criminal prosecution, disbarment and financial ruination."

Pinkesz. who pied guilty in 1986 to trafficking in counterfeit merchandise like phony Cartier watches,for which he served four months in
federal prison, denied threatening Rubenstein.

In Dear's courtroom, which handles consumer-debt matters.Pinkesz introduces defendants from the Orthodox community to lawyers.

Dear is known for routinely dismissing consumer-debt cases or forcing settlements that favor debtors over banks or collection agencies. He
heard the cases for many years as a Brooklyn Civil Courtjudge before winning a term on the higher Supreme Court In 2015.

But Dear recently managed to get back to Civil Court on Mondays and Tuesdays, when members of the Orthodox community are frequent
defendants.

On two days last month,Pinkesz darted in and out of the courtroom and was spotted at one point huddled in a hallway engaging in a
lengthy conversation with a lawyer and a Hasidic defendant.

Pinkesz. who is also known as Edward or Joseph,told The Post he earned his living as an insurance agent and was a 'community activist"
who liked to provide moral support to those in court.

"I never take money." he said. "If anybody offers me money. I get very, very upset."

Lawyers can face disbarment if they share fees with non-lawyers.

Pinkesz said he knows Dear "just like everybody else knows him. from the community."

But Pinkesz actively campaigned to win Dear his Supreme Court seat — a job that pays $194,000 annually and comes with a 14-year term —
according to one Jewish leader.

Pinkesz did political work such as witnessing petition signatures for Ari Kagan,an influential Democratic district leader in Brooklyn,in an
attempt to gamer Kagan's support for Dear's Judicial nomination,the source said.

In 2015. district leaders hammered out a backroom deal between Orthodox Jews backing Dear and a reformer contingent supporting Civil
Court Judge Debra Silber. Under the agreement brokered by Kagan and other district leaders, each faction agreed to approve the other's
candidate. The Post previously reported.

Demoaatic nominees are typically assured victory in New York City once they are placed on the ballot by a nominating committee.

Pinkesz has donated $18,000 to local political campaigns and committees since 2013.including $750 to Kagan and Kagan's Bay Democrats
political committee.

Kagan said he backed Dear on his merits and did not recall if Pinkesz asked him for any support. Pinkesz claimed ignorance on any
conversations with Kagan about Dear,who through a court spokesman declined to comment

BROOKLYN. COURT& DEBT. FRAUD. HARASSMENT.JUDGES

https://nypostcom/2017/10/OB/this-ex-con-Is-a-friend-to-all-debt-rattled-deadbeats/ 2/2
1/14/2018 Judge in line for NY Supreme Court post amid 'back-room deal'
| New York Post

Judge in linefor NY Supreme Court postamid'back


room deal'
By Aoton Shail September 27.3015 I 2:t1am I

iiiwHiliiH

i!fi

Noach Dear

Civil Court Judge Noach Dear — who was booted from the Criminal Court bench three years ago after making insensitive racial remarks and
head-scratching rulings — is up for a promotion thanks to a back-room political deal.

Brooklyn Democrats voted Thursday night to make Dear a candidate for the higher state Supreme Court in a horse trade between social-
reform and establishment factions of the party.

Orthodox Jews backing Dear,a Borough Park political fixture for three decades,agreed to drop their opposition to Debra Silber. Brooklyn's
first openly lesbian Civil Court judge, whose term Is up.sources said. In return, reformers who had been touting Silber for five years held
their noses and approved Dear's candidacy, after blocking it a year before.

The deal disgusted some Democrats.

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1/14/2018 Judge in Une for NY Supreme Court post amid 'back-room deal'
| New York Post
"The reformers are a bunch of whores. The reformers should be better than thissaid one city Dem who believes Dear should not be near a
courtroom. "I should just move out of the state now."

The 61-year-old jurist was booted from the Criminal Court bencii in July 2012 by Chief Judge Jonathan Lippman after Dear ruled that cops
must prove a beverage contains alcohol through lab tests — rather than using the sniff test — before handing out open-container tickets,
and asserting that he had never arraigned a white person for public drinking.

In August 2012.credit-card companies demanded his recusal from debt-collection lawsuits in civil court because they said he dismissed
nearly every company claim In favor of alleged deadbeats.saying the creditors couldn't prove the identities of the debtors.

Despite his resume,several hundred party loyalists signed off on Dear and four other candidates at their judicial convention at St. Francis
College Thursday.

Dear, who skipped the vote, did not return calls seeking comment.

The nomination amounts to a coronation: Brooklyn Republicans also voted Thursday to cross-endorse the Democrats'judicial slate.

As a Supreme Court justice, he would make $167,700 and handle bigger criminal or civil cases, with a term that runs through 2030.

Dear is a political survivor.

As a city councilman In the 1980s, Dear pulled down between $20,000 and $60,000 from a charity he directed that flew his family to Israel.
Europe and the Soviet Union.

Dear was the subject of a federal complaint alleging a six-figure campaign donation from straw donors after mounting two unsuccessful
congressional campaigns in 1998 and 2000.

And he also once organized a junket to South Africa that the whites-only Johannesburg City Council funded,drawing the ire of his
colleagues.

County political leaders said Dear is fit to wear the robes.

"He was recommended by the vast, vast majority and he has done a really decentjob." said Brooklyn Democratic Party attorney Frank
Carone.

Reformers shrugged off Dear's ascension.

"Noach pretty much had the votes no matter whaC said Democratic District Leader Josh Skaller."We might not have gotten Debra without
the package. It was pretty much a calculation."

BROOKLYN. COURTS,JUDGES,STATE SUPREME COURT

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1/14/2018 Noach Dear allows deadbeats to cheat debt: lawyers
| New York Post

Noach Dear allows deadbeatsto cheatdebt:lawyers


By Melissa Klem September 24.2017 I 1237am I Updated

Noach Dear

Controversial state Supreme Court Judge Noach Dear managed to give himself a demotion — returning to a lower court two days a week
where lawyers say he routinely allows deadbeats to cheat debt.

On Mondays and Tuesdays. Dear sits in the Brooklyn Civil Court room he used to occupy before his election to the state Supreme Court and
doles out his unique brand of Justice.

Dear appears to be particularly popular among members of his own Orthodox Jewish community, who disproportionately seem to get their
cases heard before him instead of other Civil Court judges.

On three Mondays when Dear was on vacation in August,the courtroom was devoid of Orthodox defendants. But they returned when the
judge did on Sept 5.

Since another judge sits Wednesday through Friday."Orthodox cases before Dear are adjourned to Mondays or Tuesdays — no other
dates," one lawyer said. The Post oliserved that he also adjourned non-Orthodox cases to his days in court.

https://hypo&tcom/2017/08/24/noach-dear-aIlows-deadbeats-to-cheal-debt4awym/ 1/3
1/14/2018 Noach Dear allows deadbeats to cheat debt: lawyers
| New York Post
Lawyers complain that Dear often throws out cases brought by credit-card companies or small businesses against consumers who haven't
paid their bills or — lawyers say — pushes those plaintiffs to accept lowball settlements.

"Case is dismissed. Have a nice day." he said to one stunned defendant last week.

The woman told The Post she had come to court expecting a battle over her S1.400 credit-card bill. "I didn't have to fight or nothing." said
the thrilled defendant.

It was the lawyers for credit-card and coIlecUon companies who celebrated in 2015 when Dear won the state Supreme Court post, hopeful
they could finally taste legal victory under a replacementjudge.

But Just nine months after Dear was elected to the higher bench,he returned part-time to his former courthouse to oversee the low-level
debt cases.

After he was elected to Civil Court In 2007, he was so desperate to get a promotion.The Post reported,that he volunteered for a weekend
stint in Criminal Court

But he was booted after controversially ruling in a 2012 case that cops should lab-test liquids for alcohol before enforcing public-drinking
taws.

Dear's election to Supreme Court was thanks to a backroom deal with Brooklyn Dems.The Post reported.

"I've never seen someone resurrect himself from the pits of the Supreme Court like he was able to do." one lawyer told The Post.

Once back in Civil Court, creditors' lawyers say, Dear has continued to treat them like the enemy. He pressures defendants to take
settlements that leave banks and other creditors accepting much less then what they claim they're owed,lawyers said.

"It's exactly what he says or nothing. You either take it or you're going to get screwed." said one of five plaintiff's lawyers who spoke to The
Post.

Another lawyer said trying a credit case before Dear Is a "suicide mission."

During trials. Dear's standard line is that he doesn't find the witness for the credit<ard or collection company "credible." lavtryers said.

Earlier this month.Dear suggested that a case against a Hasidic .man v,rho owed S7.200 be dropped after the man claimed some of the
credit card charges were fraudulent

"I think Judge Dear Is fair," Joseph Harrison, who represents members of the Orthodox community,told The Post "I've had worse
experiences with other judges in the building."

He insisted his Orthodox clients do appear before other judges.

Joshua Bronstein,a lawyer who also represents the Orthodox community, has racked up a string of favorable outcomes for his clients in
front of Dear In the last year,including a $15,694 debt settled for $2,000;a $19,992 debt slashed to $3,500; and a $5,612 debt cut by 90
percent to $561. records show.

A half dozen cases were "discontinued" with nothing in the case file to indicate a settlement, likely meaning they were simply dropped.The
vanquished debts ranged from $2,568 to $21,562.

During one of Bronstein's cases that wentto trial last November. Discover bank presented a thick file of outstanding bills against a
Connecticut woman who owed $11,148 to retailers like Bloomingdsle's. Anthropologie and Saks Fifth Avenue.

Yet Dear ruled against Discover saying it had "failed to prove its case." •

Bronstein declined to talk to The Post Dear did not return a request for comment.

A court system spokesman called Dear's assignment a "mutual decision." contending that the civil court was "strapped for resources."

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1/14/2018 Noach Dear allows deadbeats to cheat debt; lawyers
| New York Post
"His going over to the tower court is an efflcient way to hear the cases." Lucian Chalfen said.

STATE SUPREME COURT

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1/14/2018 Brooklyn judge wipes out'mtlDons' in credit card debt
| New York Post

Brooklynjudge wipesout'millions'in credit


card debt
By Bioa Hamilton August 26,2012 I 4;003m

https://nypost.eom/2012/08/26/brook!yn:judge-w!pes-out-mnilons-ln-credit-card-debt/ 1/4
1/14/2018 Brooklyn judge wipes out'millions' in credit card debt
| New York Post

i
ifvii

11

% * ♦ *.tW. '"'•FU:'t. -x'SBeiiBifitt

PAYLESS: Brooklyn Judge Noach Dear rarely sides with creditors,lawyers told The Post,instead heaping 'Twilight Zone'-like windfalls on credit-card
deodbeats.

Maxed out your credit cards? No problem. You've got a Dear friend in court
(Dennis Caruso)

Brooklyn state Civil Court Judge Noach Dear has tossed reams of cases against alleged deadbeats who stiffed Visa.
American Express and other creditors, lising any excuse to wipe out their debts,say plaintiff lawyers.

Half a dozen attorneys who appear regularly before Dear told The Post they couldn't remember winning any credit-card cases in his court,
even when defendants admitted they owed money.

"He literally throws out millions of[dollars] a year that is legitimately owed to direct creditors like Citibank and Discover." said one lawyer.

https://nypost.com/2012/08/26/l)rooklyn-judge-wipes-out-mil!ions-in-credit-card-debt/ 2/4
1/14/2018 Brooklyn judge wipes cut'miilions' in credit card debt
| New York Post
"With Judge Dear, it's dismiss,dismiss, dismiss." said another plaintiff attorney who asked not to be identified. "It's impossible to win a case.
It's like "The Twilight Zone."'

In Dear's sprawling. Ilth-floor courtroom in Downtown Brooklyn, there's no secret whose side he's on.

"I like to fight for the underdog." he once said — adding that he believed SO percent of credit-card debt to be faulty.

So he routinely dismisses motions by collectors, finds fault with their records and witnesses and makes quick rulings against them,
sometimes proceeding right to trial the first time a matter is in front of him.lawyers said.

One suit involved Felicia Tancreto. a 55-year-old Bensonhurst resident who was found by another judge to owe $16,107.12 on her AmEx
platinum Costco card — a debt she'd racked up through personal shopping.

Tancreto appealed the judgment before Dear in April, claiming she contacted the credit-card company sometime in 2010. notifying it that
she was undergoing surgery and couldn't keep up payments.

She said that she asked to have the bills deferred and that the company sued.

Dear ruled in her favor, canceling the entire balance because he deemed the company's key witness, Lisa Salas. a 25-year employee in
accounting, not aedible. The judge called her testimony "robo."

The term,coined from a similar and scandalous tactic in the mortgage-fraud crisis, describes a practice in which collectors present mass-
produced sworn statements to back their claims.

The problem with the AmEx accountant and documents she presented in support of Trancreto's debt was that Salas did not have "personal"
knowledge of the charges. Dear argued.

He expected her to remember having sent the bills to Tancreto.

AmEx followed up with an unusual motion: It asked Dear to step aside on its cases, arguing that he'd lost all objectivity as a judge.

Dear showed "prejudice, impropriety,lack of impartiality and bias." said lawyer Anthony Migliaccio.

Critics of the collection industry say it's plagued by abuse, particularly when third parties buy up debt for pennies on the dollar and then
hound cardholders,sometimes using shady "robo" tactics.

Often these the agencies have no reliable information about what might be owed.

Dear is not the only judge to go to bat for deadbeats — or to slam collectors for using robo testimony.

Nassau County Judge Michael Ciaffa also makes this claim when holding debt chasers accountable.

Ciaffa recently ruled against Discover in its bid to collect $4,600 from cardholder Patrick Shimer. blasting Discover's account manager,
Stacey Holmes,for lacking knowledge aljoutthe charges.

"The affidavit signed by Ms. Holmes has the look and feel of a robo-signed affidavit that was prepared in blank in advance of knowing who
would sign the affidavit." the jurist wrote.

"Although she purportedly made the affidavit based on her review of the plaintiff's business records, she evidently had no idea when she
signed the affidavit that the last statement showed a $0.00 new balance."

Ciaffa noted that robo signing didn't automatically nullify a debt, but "it gives this court pause."

One lawyer said there was a "big difference between Judge Dear and Judge Ciaffa.

"Ciaffa knows what he's doing, and he's carefully applying the law. He doesn't expect a business- records witness to remember having sent
a bill to a certain cardholder on a certain date.

https://nypostcom/2012/08/26/broo1dyn-judge-wipes-out-mtl!ions-in-credit-C8rd-debt/ 3/4
1/14/2018 Brooklyn judge wipes out'milUons'in aedit card debt
| New York Post
"Also, we've won cases before him."

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1/14/2018 Controversial judge Noach Dear Is gunning for more power j New York Post

Controversialjudge Noach Dear is gunning for


more power
By Melissa Klein and Biuce Golding October 10.3017 I 12:18am I Utxintoct

Noach Dear

Coi-ilroversial Brooklyn Supreme Court Justice Noach Dear is eager to wield more power — and has applied for a job running the appeals
court that covers the city's outer boroughs and surrounding suburbs. The Post has learned.

The former pol was interviewed last week in a bid to become presiding justice of the Appellate
Division's Second Department in Brooklyn, according to sources familiar with the application process.

A screening committee also met with several other applicants for the post,then sent a secret list of
recommendations to Gov. Andrew Cuomo,the sources said.

The Post has revealed that Dear,a former Civil Courtjudge who was eleaed to the state Supreme Court
in 2015. recently got himself transferred back to Civil Court two days a week to handle consumer debt
cases — mainly involving members of his Orthodox Jewish community.

https://nypost.eom/2017/10/10/controvGr8iaHudge-noach-dear-ls-gunning-for-more-power/ 1/2
1/14/2018 Controveisial judge Noach Dear is gunning for more power
| New Yoiic Post
Cuomo's office didn't return a request for comment A woman who answered the phone at Dear's Noach Dearallows
deadbeatsto cheat debt:
house said he wasn't there and hung up.
lawyers

BROOKLYN. BROOtaYN SUPREME COURT JUDGES

https;//nypostcom/20l7/10/10/controversiaHudge-noach-dear-is-gunning-for-more-power/ 2/2
1/14/2018 Noach dear, again
| New York Post

IpPINIONJ

Noach dear,again
By Posi Staff Report June 17.2012 I 4:003m

irm;.
'yi.

Looks like Nicholas Garaufis Isn't the only autocratic Judge riding a bench In Brooklyn.

hRps://nypostcom/20l2/06/17/naach-dear-again/ 1/3
1/14/2018 Noach dear, again
| New York Post
Acting Supreme Court Justice Noach Dear has carried Judlciai activism to the height of Insanity by ruling that cops must prove that a
beverage is alcoholic before issuing a summons for public drinking.

Just sineliing it isn't enough, he ruled — now each sample must be lab-tested, or he's going to throw out the summons.

Which is exactly what he did in one case — even though the person cited actually admitted that he was violating the law.

Dear says that by demanding a higher standard of proof in violations of the open-container law, he's hoping to pretty much end — or at least
reduce — actual enforcement of the statute.

Which is beyond bizarre.

Yes.the NYPD comes down hard on public drinking,issuing more summonses for it last year than for any other violation.

For good reason.

The summons,even with its relatively low fine, allows cops to check the person being ticketed for outstanding warrants.

Indeed, it's the very basis of the so-called broken-windows approach to police work — that small crimes and/or blight,just like a single
broken window in an abandoned building,inevitably lead to chaos and decay if ignored.

it's precisely the approach that reclaimed New York's streets fiom the thugs and led to historic drops in crime that continue to this day.

Indeed,this approach rescued New York and made it livable again.

Which is why the NYPD still focuses on seemingly minor quaiity-of-life offenses.

But Dear either doesn't understand — or doesn't care.

Of course, he's perhaps New York's least likely Jurist, never having even practiced law before being elected to Civil Court.

His previous stints as a City Council member and Taxi & Limousine commissioner were undistinguished,to put it mildly, and he was
constantly under one ethical cloud or another.

Now, he's reportedly eyeing a return to electoral politics — where a populist appeal certainly won't hurt.(He did much the same thing by
dismissing debt-collection cases en masse.)

Dear has always been a hack.

Now he's a dangerous hack.

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1/14/2018 Noach dear,again
| New York Post

https://nypost.com/2012/0S/1 T/noach-dear-again/ 3/3


YSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/201

STATE OF NEW YORK


SUPREME COURT COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE


FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGEPASS-THROUGH CERTIFICATES,SERIES
2006-F,

Plaintiff,
SUMMONS
FORECLOSURE ACTION
V.

Index No.:
MICHAEL KRICHEVSKY,NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARKING
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

TO THE ABOVE NAMED DEFENDANTS;

YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and serve

a copy of your Answer on the plaintiffs attorney within twenty (20) days after the service of this

Summons, exclusive of the day of service, or within thirty (30) days after completion of service

where service is made in any other manner than by personal delivery within the State. The United

States of America,if designated as a defendant in tMs action, may answer or appear within sixty

(60) days of service hereof. In case of your failure to e^pear or answer,judgment will be taken

against you by default for the relief demanded in the Complaint.

Kings County is designated as the place of trial. The basis of venue is the location of the

mortgaged premises.

(3895597:)

1 a-?
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE


FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F,

Plaintiff
FORECLOSURE
I
COMPLAINT
V.

MICHAEL KRICHEVSKY,NEW YORK STATE


DEPARTMENT OF TAXATION AND FINANCE,
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARIONG
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

Plaintiffalleges:

1. Plaintiff is a national association duly organized and existing under the laws of the
United States ofAmerica.

2. Upon infoimation and belief,the defendants reside at or have offices at the locations

set forth in Exhibit "A."

3. Defendants are made parties to this action in the capacities setforth in Exhibit"A."
4. The defendant Michael Krichevsky, ("principal defendant") executed a note or
notes as more particularly described and set forth in Exhibit "B" annexed hereto and made a part
hereof(the note or notes set forth in Exhibit "B" are collectively hereinafter referred to as the
"Note").

5. Plaintiff is the owner and holder of the subject mortgage and note, or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the

{3895597:}
11. Upon infonnation and belief, all applicable mortgage taxes were paid at the time of

recording the Mortgage.

12. Plaintifris the current Mortgagee ofrecord..

13. Plaintiff issued a 90 day notice to the principal defendant in the prescribed form

pursuant to Real Property Actions and Proceedings Law §1304 on December 22,2015.

14. Plaintiff has complied with the provisions of RPAPL §1306 and the loan at issue in

this action complied with the provisions ofBanking Law §§ 595-a,6-1 and 6-m,as applicable.

15. As a result of the principal defendant's de&ult by failing to make his payments as

promised in the Note and Mortgage,the plaintiff has previously elected and hereby elects to call due

the entire amount presently secured by the Mortgage, plus accrued interest, together with amounts

plaintiff has paid or may pay for real property taxes, insurance and/or attorneys' fees as provided by

the Note and Mortgage.

16. During the pendency of this action, the plaintiff may be compelled to pay local

taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged

premises. In that event,the plaintiffrequests that such amounts with interest,should be added to the

sum secured by the Mortgage.

17. There are no other actions or pending proceedings at law to collect or enforce the

note and mortgage.

18. All defendants in this action claim to have some interest in or lien upon the real

property covered by the Mortgage. All ofthe defendants' interests are subordinate to the plaintiffs

interest

{3895597:)
(c) declaring that the mortgaged premises and personal property and fixtures be

sold according to law;

(d) awarding the sale proceeds to the plaintiffto the extent determined under(a)

above;

(e) declaring that any ofthe parties to this action may become a purchaser upon

such sale;

(0 appointing a Receiver ofthe rents and profits ofthe mortgaged premises;

(g) adjudging the defendant, Michael Krichevsky, to be liable to plaintiff for

any deficiency ofthe indebtedness that may remain after applying the proceeds ofthe real property,

personal property and fixtures, and granting plaintiffa moneyjudgment for that amount,provided a

motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property

Actions and Proceedings Law within the time limited therein;

(h) granting the plaintiffsuch additional relief as is proper.

Plaintiff specifically reserves its rights to share in any surplus monies arising from

the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the

Mortgage.

WOODS OVIATT GILMAl^ LLP


Victoria E. Munian,Esq.
Attorneysfor Plaintiff
Woods Oviatt Gilman LLP
700 Crossroads Building.
2 State Street
Rochester,NY 14614
Tel.:(855)227-5072

(389SS97:}

1 an
EXHIBIT B

Noteis}:

Note from Michael Krichevsky, dated December 14, 2005, in the original principal amount of
$747,600.00, plus interest("Note").

Mortgagdsk

Mortgage from Michael Krichevsky, dated December 14,2005, in the original principal amount of
$747,600,00,and recorded in the Office ofthe City Register ofthe City ofNew York on December
21,2005 as document CRFN 2005000701375.

Said Mortgage was assigned by an Assignment of Mortgage executed on August 25, 2009 and
recorded in the Office of the City Register ofthe City ofNew York on October 19,2009 in CRFN
2009000339958.

A Corrective Assignment of Mortgage was executed on August 29, 2013 to correct the said
Assignment recorded in the Office of the City Register of the City of New York on October 19,
2009 in CRFN 2009000339958 as relates to the assignee. Said Corrective Assignment of Mortgage
was recorded in the Office ofthe City Register ofthe City ofNew York on September 17,2013 in
CRFN 2013000380865.

{389SS97:)

Q an
/

INITIAL INTEREST®^ ADJUSTABLE RATE NOTE


(l-Year UfiOR liidex•Rate Cops)
(Assumoble after Initial Period)
TERS NOTB CONTAINS FROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAH CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST
PAY.

DECEMBER 14 . 200S BROOKLYN . NBWYORK


IDftle] [Ctiy] [Stale]
4221 ATLANTIC AVENUE
BROOKLYN.NEW YORK 11224
(Property Address]
1. BORROWER'S PROMISE TO PAY
In letum for a loan that 1 have received, I promise to pay U.S.$ 7O9.fi00.0Q (this amount
Is called "Principal"), pins interest, to the order of(be Lender. The Lender is
FAIRMONT FUNDING LTD.A NEW YORK CORPORATION

I Will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note, The Lender or anyone who this Note hy transfer
and who is entitled to receive payments under this Note is called the "Nc(e Holder."

2. INTEREST
Interest will be charged on unpaid principal UQtil (he fiallamoum ofPrincipal has been paid. 1 will pay
inter^tat ayeariy xateof fi.sCO %. The interest rate I wQl pay will change in accordance wlA
Section 4 of this Note.
Hw interest rate lequiied by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any de&ult describe in ^tion 7(B)of this Note.
3. PAYMENTS
(A) tYme and Place ofPayments
I will make a payment every month on ths first day of the month beginning on FEBRUARY or ,
2006 . I. will make these payments every month until I have paid all of the principal and iitteresi and any
other charge described below that1 may owe under this Note. Eadi monthly payment wUi be applied as of its
scbeditied doejdate and if the payment consists ofboth principal and interest, it will be applied to Interest before
PfipclpaL-If. on ■ JANUARY 01 . 2036 .1 still owe amonnta under ttus Note^ I will pay those
amounts in ftiH on ihatdatCi which is called the "Maturi^ Date."
I.wlll m^ mqn^ pi^in^ at 1333 fiOTH STREET.2ND FLOOR
BROOKLYN.NEW YORK 11210
or at a diffcrertt place ifiequired by the Note Holder.
(B) Amonnl of^Initial Monthly Payments
_ ]^ore.ftte fiWf ainorttelng.principal and interest payment doe date stated in subsection(Q below (the
"First P&I Paynpi{^t.Due Qate"), my monthly payments will be only for the interest due on the unpaid princlp^
of this.Note);. -'VvV-- -
Eacb^of ray Initial iimntidy.payments will be in the amount of U.S.$ 4.049.S0 . This amount
may change in gjBcp^ttce witbieubBection(C)below.
(C) Montiily ^mmAChanges ^
The First Pdtl:Pavmeia"Due Date is the first day of FRBROARy 2011 ,
LOAN NO.:
MINNO.; . . initlBls /La /C
MULTISTATB INITIAL ISTBBSST AJUVSTABLB BATS NOIS.t'Vnr UM&IodM(Anaoabb fttter IhIKbI Pcrtod)*510110 WmUy•
ertesb Mm OmVORM INSIRUMBNT
Z>oc»Bp£eBKies3;Jire i>o»i>M8ssiiMdM ■ Page 1 of S ■ Form 5537 5/04(tev.7/05)
ORIGINAL

11 f^^■F A"?
5. BORRO^VBR'S RIGHT TO PREPAY
I bave the tight to jnakepaymenia ofPrincipal at any timebefoce they are due. A payment of Pxincioal
only Is known as a ''Pfq)aymeni.* When1 make a Piepaymeat, I will leU the Note Holdei in writing that 1 am
doing so. 1 may not deslgnatea p^ment as aPr^tayment ifIbave not made all the monthly payments due
under the Note.
1 may make a ftiltPf^ymeiu ox partial Prepayments without paying a Prepayment charge. The Note
Holder wui use my Prepayments to reduce the amount ofPrincipal Ihatl owe tutto this Note. However, the
Note Holder tn^ apply Pr^ayment to the accrued and unpaid interest on the Prepayment amount before
applying ny Pr^aymeiu to reduce the Piinc^al amount ofthe Note. If I make a partial Prepayment, there
will be no changes in the due dates of my montUy piymenl unless the Note Holder agrees in writing to the
i%koROAO •

ifI make a partial Prepayment during the period ending with the due date of my last interest only inonUdy
payment, my partial .Pie|»yinent will reduce, the amount of ray monthly payment. If I make a i^aJ
Px^ayment after the last Interest only mo.ntiiIy payment, my partial Prqtayment may reduce(be anunUit of my
monthly payments beginning with the monthly payment due after the Interest Change Date following the partial
Prepayment. After the first Interest Ciiange Date,-any reduction due to nry partial Prepayment may te onset by
an interest rate Increase.

6. LOAN CHARGES
If a law, which applies to this loan and which sets miaxiraum loan charges, is ilnal(y interpreted so that (he
interest or otherloan charges collected or to be collected in connection WlA this loan exceed the pendtted
limits, then; (a)any such loan charge shall b^ reduced by the amount necessaiy to reduce the charge to the
permitted limit; and(b)any sums already collected Gromme which exceeded permitted limiu will be zefiinded
to me. The Note Holder may choose to make this re&nd by reducing the Principal I owe under this Note or by
making a direct payment tome. If a rehind reduces Principal, the reduction will be treated as a paiUal
Prepayment.

7. BORROWER'S FA1LX1RE TO PAY AS REQXRRRD


(A)Late Charges for Overdue Payments
If the Note Bidder has not received the fbR amount ofany monthly payment by the end nf <*aiffnrtgr
days after the date it is due,I will pay a late charge to the Note Holder. The amount of the charge will be
2.000 ft ofmv ovetdae pavmeBt of intewat daring iHk prrtmt whin niy payment is interest only,
and of principal and interest after(bat. I w31 pay this late charge promptly but only once on each late payment.
01) Default
If I do not pay the full amount of each monthly payment on the date it is due,1 will be in default.
(C) Notice of Default
If1 am in default, the Note Holder may send me a written notice telling me that if 1 do i\ol pay the overdue
amount by a certain date, the Note Holdermay require me to pay Inu^iatdy the Ain amount of Piln^al
which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after
the date on which die imtice is mailed to me or delivered by oibo^ means.
(D) No Woiver By Note Holder
Even ifi at a lime when I am in default, the Note Holder does not require me to pay immediately in &11 as
described above,(he Note Holder will still have the right to do so ifI am in default at a later time.
0D Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in M as described above, the Note Holder will
bave the right to be paid back^me for all of its costs and e^qtenses in mtforcing this Note to the extent not
prohibited by appllrable law. Iraose expenses include, for example, reasonable altozncys' fees.
8. GIVING OF NOTIC^
Unless applicable law requires a different method,any notice that must be given to me under Ibis Note will
be given by delivering it or by msfling it by first class mail to me at the Propeny Address above or at a
different addressifl^ve the Note Holder a notice of my differem address.
LOAN NO.t
MINNO.: fninni^ ^ (/
MULTISTATSINXHALINTBBBST ADIUSTABLB'RATBNOIE UBOlt In5,« tgM femlly -
FttddteMat OlflFOXM DiSTiniUBNT
l>ixrKSfSwnGei,hK. raui'BnssiiMm PagaSofS FormSS37 5/04(cev.7/OS)
ORIGINAL

1 -a rt-F A n
IfalloranypartoflheProfpertyoi any Inlereat in the Property is sold or itynafffTrt><t (or if
Borrower is not a natural person and a beneficial interest in fionower is sold or Iransfeired) without
Lento's prior written consent. Lender raay lecpiire Immediate payment in tbU of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise Is
prohibited by Applicable Law. Lender also shall not exercise this option if: (a)Borrower causes to be
submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan
were bdng made to the tmnsfexee; and (b)Lender reasonably determines ttot Lender's security wiU not
be impaired by the loan assumption and that the risk ofa breach of any covenant or agreement in this
Security Insimment Is acceptable to Lender.
To the extent peimhted by Appficable Law. Lender may diarge a leasonable fee as a condition to
Lender's consent to the loan assumption. Lei^er may alar require the innsferee to sign an assumption
agreement that Is acceptable to Leader and that obligates the iiansfetee to keep all the promises and
agiecmentsmade in the Note and in this SecuriQr Instrument. Bonower will continue to be obligated
under the Note and this Security Instfument nnl^ Lender tdeases Borrower in writing.
IfLender exercises(he option to require immediate payment In fhll, Lender shall give Borrower
notice of accelmtion. The notice shall provide a period ofnot less t^ 30 days fiioro the date the
notice is given in accordance with Section 15 within which Boixower nrasi pay all sums secured by.(his
Security Insuumem. IfBonower fails'to pay theK sums p^ot to(he eviration ofthis period. Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.

WITNESS THE HANIXS)AND SEAL(S)OF THE HNDESSiONED.

P/
NA
-<Scal) WrfKQOTBEfSQlJIIflg (Seal)
•Bonower Bonower
MICHAEL XRICHEVSKY

(Seal)
ivmmer,Sr.VtomnfatRf (Seal)
•Botzowet •Bonower

.(Seal) (Seal)
•Borrower -Bonower
BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BANC OF
n Original Only)
FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-F

** .
U8.Bert!Bano
Mauoisi A8S0dy» m ^
"'irtgago PAROOE>iMK,ry|.A. of America Funriino Co^r'-'un
OotSitaSaa.8««a
vriihciul racouma.
. an M. Mifte, ^oo

MULTISTATE DUTlAla IN1EBSST ADJUSTABLB RATS NOTB•l.Vtar UBOR tadax (AtiustsU* •fter lalllal Pirlod}•StoBtc Pumny•
FTtddU Mm(MTORM OISTRIIMENT
DacniBfSeRncB$.Jtic. vosa.iaiiani-9M Page 5 of S PormSSa? 5/04(rev. 7/OS)
LOAN NO.: HHi ORIGINAL MINNO.:

1 ti An
EXHIBIT D

Property Address:
4221 Atlantic Avenue a/k/a 4219-4221 Atlantic Avenue
Brooklyn,NY 11224

BLOCK 7026 LOT 53

ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Brooklyn,
County of Kings, City and State of New York, known and designated on map entitled "Map of
Section A Norton Point" made by Font and Beach Surveyors, 1894 and filed in the Office of
Register Kings County, April 20,1894,#351-352-353 in Block #7 of said map and described with
reference to the private road,laid down on said map as follows:

BEGINNING at a point on the Northerly line of Atlantic Avenue on said map, 160 feet Westerly
from the intersection ofsaid Northerly line with the Westerly side ofBeach 42nd Street;

RUNNING THENCE Westerly along the Northerly line of Atlantic Avenue as it curves to the
Westerly line of lot 351 on said map;

THENCE Northerly along the Westerly line of lot 351 (which line is on a radius of the concentric
curves of Atlantic and Surf Avenues); ICQ feet to the middle line of block between Atlantic and Surf
Avenues;

THENCE Easterly along the middle line of the block as it curves,60 feet to the Westerly line of lot
354 on said map;

THENCE Southerly at right angles to Atlantic Avenue and along the Westerly line ofsaid lot #354,
100 feet to the point or place ofBEGINNING.

Subject to easements,covenants,and restriction ofrecord.

(3895597:)

1*7 dl
NYC DEPARTIVIENT OF FINANCE
OFFICE OF THE CITY REGISTER

Tliis page is part ofthe instrument. The City


Register will rely on the information provided
by you on this page for puiposcs of indexing
this instniment.The information on(his page
will control for indexing puqx>ses in the event
ofany conflict witli(lie rest of(he document
2005121500204002001E1EFE
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 22
Document ID; 2005121500204002 Document Date: 12-14-2005 Preparation Date: 12-15-2005
Document Type: MORTGAGE
Document P^e Count:21
PRESENTER: RETURN TO:
ATLANTIC LANDTITLE AND ABSTRACT,LTD. SMI-FAERMONT FUNDING LTD
5417 I8TH AVENUE ATTENTION: LANIECE LAMELL
BROOKLYN,NY 11204 3910 KIRBY DRIVE SUITE 300
718-331-6400 HOUSTON.TX 77098
ATLANTICLTA@AOL.COM (AL2387K) Loan No. CS1848

PROPERTY DATA
BorouRh Block Lot Unit Address
BROOKLYN 7026 53 EnllieLot 4221 ATLANTIC AVENUE
Property T^pe: 1- 2 FAM WITH ATTCH GARiOR VACANT LAND

CROSS REFERENCE DATA


CRFN. or Documeni ID. _ or Year Reel Page, or File Number.

PARTIES
MORTGAGER/BORROWER: MORTGAGEE/LENDER:
MICHAEL KRICHEVSKY FAIRMONT FUNDING LTD, A NEW YORK
120 OCEANA DRIVE W.. CORPORATION
BROOKLYN.NY 11235 133360TH STREET
BROOKLYN. NY 11219

FEES AND TAXES


Mortgage Recording Fee:$ 142.00
Mortgage Amoum: 747.600.00 Affidavit Fee: $ 0.00
Taxable Mortgage Amount: 747.600.00 NYC Real Property Transfer Tax Filing Fee:
Exemption: I 0.00
TAXES: County(Basicl: 3.738.00 NYS Real Estate Transfer Tax:
CitvfAdditicnall: 8.410.50 l_ 0.00
Spec(Additional: 0.00 RECORDED OR FILED IN THE OFFICE
TASF: 1.869.00 OF THE CITY REGISTER OF THE
MTA: Z242.80 CITY OF NEW YORK
NYCI'A: 0.00 Recoided/Bled 12-21-200512:54
Additional MRT: 0.00 City Register File No.(CRFN):
TOTAL: 16.260.30 2005000701375

City Reeister Official Signature

1 Q A~>
(G)"Loan." Tlie "Loan" means(he debt evidenced by(he Note, plus interest, aity ptepayment charges and
late charges due under the Note, and all suns due under this Security Instniment, plus interest.
(H)"Sums Seciiiul." The amounts described below in the section titled "Borrower's Transfer to Lender of
Rights in the Property" sometlnies will be called the "Sons Secured."
(I) "RIdera." AH Riders attached to (his Security Instrument (hat are signed by Borrower be called
"Riders." The following Riders are to be signed by Borrower[^eck box as applicable]:
Qj Adjustable Rate Rider □ Condominium Rider □ Second Home Rider
Q Balloon Rider Q Planned Unit Development Rider Q Assumption Rider
Q 1-4 Family Rider Q BiweeWy Payment Rider □ Inter Vivos Trust Rider
Q Othci(s) [specify]:

(J) "Applicable Law." AS controlling applicable federal, slate and local statutes, r^ulations, ordinances and
admiiUstratlve rules and crdeis (that bave the elfea of law) as well as bXI applicable final, non-appealable
judicial opinions will be called "Applicable Law."
(K) "Community Association Dues, Fees and Asscssmoits." All dues, fees, assessments and other charges
that are Imposed on Borrower or the PropeiQt by a condominium association, homeowners asscdatlon or
similar or^nlzation will be called "Community Association Dues, Fees and Assessments."
(L) "Electronic Funds TVansfer." "Electianic Funds Transfer" means any transfer of money, other than ^
check, draft, or similar paper instnunent, whidi is initiated through an electronic terminal, telephonic
instrument, computer, or mapetic tape so as to order, instnict, or authorize a financial Instimtlon to debit or
credit an account. Some common exani^les of an Electronic Funds Transfer are point-of-sale txansfeis (where a
card such as an aas^ Of debit card is us^ at a merchant), automated tdler marine (or ATM) transactions,
transfers initiated by t^qdione, wire transfers, and automated cleanngbouse transfers.
(M) "Escrow Umns." Those items that are described in Section 3 will be called "Escrow Kerns."
(N) "Miscellaneous Fnceeds," "Miscellaneous Proceeds" means any compensaUon, settlement, award of
damages, or proceeds paid by any third par(y (other fiian insurance proceeds paid under the coverages described
in Section 5) for: (i) damage to, or destruction of, (he Property; (li) condemnation or other taking of all or any
part of the Prope^, (III) conveyance in lieu of condemnadoo or sale to avoid condemnation; or (iv)
misrepresentations oL or omissions as to, the value and/or condifion of the Proper^. A taking of the Property
by any govenunenlal auttoriQ' by eminem domain is known as "condemnation."
(O) "Mortgage Insurance." "Mortgage Insurance" means insurance protecting L^tder against the nonpayment
of, or default on, the Loan.
(P) "Periodic Paymoit." The regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 will be called 'Periodic Payment."
((2) "RESPA." "RESPA" means (he Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from lime to time, oi
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instnunent, "RESPA" refers to all requUements and restrictions (hat are imposed in regard to a
"federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" under
RESPA.

BORROWER'S TRANSFER TO LENDER OP RIGHTS IN THE PROPERTY


I mortgage, grant and convey the Property to MERS (soley as nominee for Lender and Lender's successors in
Interest) and its successors in interest subject to (he terms of this Security Instnunent. This means that, by
signing tbis Security Instrument, I am giving Lender those rights that are stated In tbb Security Instrument aiid
also those rights that Applfeable Law gives to lenders who hold mortgages on real property. I am giving Lender
these rights to protect Lender from possible losses (fa« might result if I fail to:

LOAN NO.: iDlUats

NEW YORK-SingleFainily'FaTaleMae/FMdie Mae l^dFORM INSTRUMENT. MERS nirxn3ll33 1/01


l>ocrABpSaivica//ic roui.MMTCNyiJU) Paga2efl7
ORIGINAL

OI an
(E) All flxtiiies that are now or in Ibc future will be on the Fioperty described in subsections(Aland (B)of
this section;
(F) All ofthe rights and property described in subsections(B)through(E)of this section thati acquire In
the iiituie; and
(G) All reptacementa ofor additions to the Property described in subsections(B)through(F)of this section
and all proceeds of insurance for loss or damage to, and all Miscellaneous Proceeds of the Prop^
described in subsections(A)through(P)of this section.

BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBUGATION TO


DEFEND OWNERSHIP OF THE PROPERTY

I promise that: (A)1 lawfully own the Property: (E) 1 have the right to mortgage, grant and convQr the
Property to Lender; and(Q there are no outstanding claims or charges against die Proper^, except for those
which are ofpublic record.
t give a general warranty of title to Lender. This means that I wilt be fhlly responsible for any losses which
Lender suffers becausesomeone other than myself has someof the rights in the Property which I promise that I
have. 1 promise that I will defend my owner^ip of the Property against any claims ofsuch rights.
PLAIN LANGUAGE SECURITY INSTRUMENT
This Securi^ Insiniment contains promises and agreements that are used in real property securiQ* instruments
ail over the countiy. It also contains other promises and agreements that vary in dirieient parts of the country.
My promises and agreements ate stated in "plain language."

COVENANTS
1 promise and I agree with Lender as follows:

1. Borrower's Promise to Pay. I will pay to Lender on time principal and interest due under the Note
and any prepayment, late charges and other amounts doe under the Note. I will also pay aU amounts for
Escrow Items under Section 3 ofthis Securi^ Instrument.
Payments due under the Note and this Securi^ Instrument shall be made in U.S. cuiienqr. If ai^ of my
payments by check or other payment instrument is returned to Lender unpaid. Lender mav require my payment
be made by: (a)cash;(b) monQ'order;(c) certified check, bank check, treasurer's check or cashier's check,
drawn upon an institution whose deposits are insured by a federal agency, instnimentalify, or entity; or (d)
Electronic Puiids Transfer.
Payments are deemed received by Lender when received at the location required in the Note, or at another
location designated by Lender under Section 15 ofthis Semirlty Insliument. Lender may return or accept any
paymoit or partial payment if It is for an amount that Is less than the amount that is then due. If Lender a lesser
payment, Lendermay refuse to aocept a lesser payment that I may make In the fUture and does not accepts
waiveai^ of its rights. Lender Is not obli^ted to apply such lesser payments when it accqtts such payments.
If interest on principal accrues as ifall Periodic Paymeflts bad been paid when due, then L^er need not pay
Interest on un^Ued fUnds. Lender may hold such nna(^lled fUnds until I make payments to bring the
current. IfI do not do so within a reasonable period oftime. Lender will either apply such ftiitds cx return
them to me. In the event of foreclosure, any unapplied funds will be applifri to the outstanding jnincipal
balance immediately prior to foreclosure. No ofDet or claim which 1 mi^t have now or in the future agaliut
Lender will relieve me from making payments due under the Note and this Security Instiuinent or keeping all
of my other promises and agreements secured by this Security Instrament.
2, Application of Borrower's Payments and Insoiance Proceeds. Unless Applicable Law or this
Section 2 requires othermse.Lender will apply each of my payments that Lender accepts In the following
order;
Firstt to pay inteiest due under the Mote;

LOAN NO.: |H|||[| Inlttab // ^


NEW YORK-SingleFainUy-Fhmile Mae/Freddie Mae UNIFORM INSTRUMENT.MERS Form 3033 1/01
DocnMfSBtt/atxlHc. porm.mmtosvmid Pagsdon?
ORIGINAL

TT An
amounts due for any Escrow Items for which payment ofPtuids lias been waived by Lender and, if Lender
requires, will promptly send to Lender receipts showing sudi payment within such time period as Lender may
require. My obligation to mahe such payments and to provide receipts will be considered to be a promise and
agreement contained in diis Security Instiument, as the pfarase "promises and agreements" Is used in Section 9
ofthis Security Insuument. Ifl am obligated to pay Es^w Items directly, poisoant to a waiver,and 1 fall to
pay the amount due for an Escrow Item,Lender may pay that amoum and I will then be obligated under Sectbn
9 of this Security Instniment to rqiay to Lender. Lender may revoke the waiver as to any or all Escrow Items
at any time 1^ a notice given in accordance with Section IS of this Security Instrument and, upon die
revocation,I will pay to Lender all Funds, and in amounts, that are then required under this Se^on 3.
I promise to promptly send to Lender any notices that I receive ofEscrow Item amounts to be paid. Lender
will eslimate from time to time the amount of Funds 1 will have to pay by using existing assessments and bills
and reasonable estimates ofthe amoum I will have to pay fbr Escrow Items in the ftilure, unless Applicable
Law requires Lender to use another method for determining the amount I am to pay.
Lender may, at any time,collect and hold Funds in an amount sufticlent to peroiit Lender to apply die
Funds at the time ^ledfied under RESPA. Applicable Law puts limits on the total amount of Foods ti^er can
at ai^ time colleci and ttold. This total amoum cannot be more than the maximum amount a lender could
require under RESPA. Iftheie is another Applicable Law that Imposes a lower limit on the total amoum of
Funds Lender can collect and bold, Lender be limited to the lower amoum.
(b) Lender's ObligBtfons, Lender will keep the Funds in a savings or banldng institution which has its
deposits insured by a federal agjency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender
is such a savings or banking institution, Lender may hold the Funds. Lender will use the Funds to pay the
Escrow Items no later than the time aliowed under RESPA or other Applicable Law. Lender will give to me,
without charge,an anmial accounting of the Funds. That accounting will show all additions to and deductions
hom the Funds and the reason for eadi d^uction.

Lender may not charge me for holding or keeping tite Fbnds, for using the Funds to pay Escrow Items,for
malting a yearly analysis of ipy i»yincm of Funds or for receiving, or for verifying and totaling assessments
and bills. However,Lender may diarge me for these services ifLender pays me interest on the FUnds and if
Applicable Law pennits Lender to make such a charge. Lender will not be required to p«v me any Interest or
earnings on the Funds unless either(1)Lender and I agree in writing that Lender wlU pay imeiest on the Funds,
or(2) Applicable Law requires Lender to pay Imerest on the Funds.
(c) Atilustmmits to the Ponds. Under Applicable Law,there Is a limit on the amount of Funds Lender
may bold. If the amount ofPUnds held by Lender excfeds this limit, dien there will be an excess amount and
RESPA requires Lender to aceoum to me in a special manner for the excess amount ofFunds.
If, at any lime. 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 when the f»ymenis are due, Imi the number
of payments will not be more tiian 12.
TVhen I have paid all of the Sums Seoiied, Lender will promptly reiund to me any Funds that are then
beifig hdd by Lender.

4. Borrower's Obligation to Fay Charges, Assessments And Claims, I will pay all taxes, assessments,
water diarges,sewer rents and other similar ctoges,and any other charges and fines that may be Imptned on
the Property and that may be superior to this Secuil^ Insuument. I vdll also make ground rents or paymeiits
dttcundermy lease ifI am a tenant on the Propeity and Gommuni^ Association Dues, Pecs and Assessments
(if any)due on the Piopet^. If these items are B^ow Items, I vdll do this by making the payments as
described in Section 3 of this Security Instiument. In Ibis Security Instnimcnt, the word "person" means any
individual, orgaiuzation, governmental authority or other party.

LOAN NO.: Inlttals /kx


NEW YORK.SingleFaraily.FaanIsMRe/F^ddlo Mac UNIFORM INSTRUMENT.MERS FMrin3033 l/Ol
DomapSatmstlMC nsM'ttunmnsm Paged of17
ORIGINAL

OC nf An
The amount paid by the insurance company for loss or damage to the Property is called "proceeds.** Unless
Lender and I otherwise agree in writing, any proceeds, whether ornot the underlying insurance was required by
Lender, will be used to repair or to restore the damaged PxoperQr unless: (a) it is not economically feasible to
make the rq»irs or itttoration:(b)the use of the proceeds for that purpose would lessen the protection given
to Lender by this Security Instrument; or(c)Lender and 1 have agr^ In writing not to use the proceeds for
that purpose. During the period that aqy r^»its or festorations are being made. Lender may hold any proceeds
until it has had an oppoituuity to inspect die Property to verify that the iqnir work bu been completed to
Lender's satisfkction. However, this Inspection will be done promptly. Lender m^ make payments for the
rqsairs and restorations in a single payment or in a series of progress ptyments as the work is completed.
Unless Lender and I Bgiee otherwise in writiog or unless Applicable Law requires otherwise, Lender is not
required to pay me any interest or earnings on the proceeds. I will pay for any public adjusters or other third
parties that I hire, and thrir fises will not be paid out of the proceeds. If the repair or lestoiation is not
economically feasible or if U would lessen Lender's protection under this Security Instrument, then the proceeds
will be used to reduce the amount that I owe to Len^ under this Security Instrument. Such insurance proceeds
will be applied in the order provided for In Section 2. If any of the proceeds remain after the amount thatI owe
to Lender has been paid In fiiU, the remaining proceeds will be paid to me.
IfI abandon the Property, Lender may file, negotiate and settle any avaUaUe insurance claim and lelaled
matters. Ifldonotanswer, within 30 days, a nodce from Lender slating that the insurance company has
orieied to settle a clBim.Lmidermayn^otiate and settle the claim. The 30^1ay period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 of this Seeuritylnslnimsnl
or otherwise, I give Lender my rights to any insurance process in an amount not greater than the amounts
unpaid under the Note and this Security Instnimeot. I also give Lender any other of my rights (other than the
ri^t to any refund of uneamed premiums that I paid) under all insurance policies covering the Fiopeny, if the
rights are applicable to the coverage of the Prop^. Lender may use the insurance proceeds either to rq^ic or
restore the Property or to pay amoonts unpaid under the Note or diis Security lostniment, whedier or not then
due.

6. BoiTowm'*8 Obligations to Occupy The Property* I will occupy the Property and use the Property as
my principal residence wi&in60 days after I sign this Se^ty Instrument. I will cominue to occupy the
Property and to use the Property as nty principal residence for at least one year. The on&>year period will begin
when I first occuity the Property. However,I win not have to occupy the Property and use the Property as my
principal resident within the time frames set forth above if Lender agrees in writing that I do not have to do
so. Lender may not reftise to agree unless the refbsal is reasonable. 1 also will not have to occupy the Property
and use the Property as my principal residence within die time frames set forth above if extenuating
drcumsiances exist which are b^ond my control.
7. Borrower's Obligations to Maintain And Protect The Property And (o Fulflll Any Lease
Obligations.
(a) Maintenance and Protection of the Property. 1 will not destroy, damage or harm the Property, arul
I will not allow the Property to deteriorate. Whether or not I am residing in the Property, I will keep the
Property in good repair so that it will not deteriorate or decrease in value due to its oondition. Unless it is
detennlned under Seetion5 of this Security Instrument that repair is not economicaily feasible,1 will promptly
repair the Property if damaged to avoid ftiitber deterioration or damage. If Insurance or condemnation (as
described in the definition of Miscellaneous Proceeds) proceeds are paid because of less or damage to, or
condenmation of. the Property, 1 will repair or restore the Property only ifLender has released those proceeds
for such purposes. Lender may pay for the rqiairs and restoration out of proceeds In a single payroem or in a
series of progress payments as tlie work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore(he Property, 1 promise to pay for the contyletion of such repair or restoration.

LOAN NO.: Hjm Isttlsk M.JL


NEW YORK-SUigle PaiiUly*Raim(e Mae/Fteddts Mae UNIFORM INSTRUMENT•MERS Form 3033 1/01
Oocni^Suvttss.Iitti FoiU4'MMTeMn.»u Pago8of17
ORIGINAL

O'? r^■f Al
(b) Lender's Rights. Even If Lender does noi exercise or enforce any right of Lender under this Security
Instrument or under Applicable Law, Lender will sllll have all of those rights and may exercise and enforce
them In the future. Even if: (1)Lender obtains insurance, pi^s taxes, or pays other claims, diarges or liens
against the Proper^;(2)Leruler accepts payments from third persons; or (3) Lender acc^ payments in
amounts less than the amount then due. Lender will have the tigto under Section 22 below to demand that I
make immediate paymmit In fhll ofai^ amounts remaining due and payable to Lender under(be Note and under
(his Security Instrument.

13. Obligations of Borrower And of Persons Taking Over Borrower's Rights or Obllgatloas. If mote
than one person signs this Security Instrument as Borrower, each of us is ftilly obligated to keep all of
Borrower's promises and obligations contained in this Security InstmmenL Lender may enforce Lender's tights
under this SecutlQr Insiroment against each ofus Individually or against all of us together. This means that any
one of us may be required to pay all ofthe Sums Secured. However, ifone of as does not sign the Note: a)
that person is signing this Security Instrument only to ^ve that person's rights in the Property to Lender under
the terms of Ibis Security Instrument;(b)that person is not pernmally obligated to pay the Sums Secured; and
(c) that person agrees that Lendernuy agree with the odier Borrowers to delay enforcing any of Lender's
tights, to modify,or make any accommodations with regard to the terms of dils Security Instnimem or the Note
without(hat peiW's consent.
Subject to the provistons ofSection 18 ofibis Security Instrumenl, aiiy person who takes over my rights or
obligations under tills Security Imtrvment In writing, and is approved by Lender in writing, will have all of my
rights and will be obligated to keep all of my promises and agreements made in this Secnrity Instrament.
Borrower will not be released from Borrower's obligations and liabilities under Ibis Security Instrument unless
Lender agrees to such release in writing. Any person who takes over Lender's rights or obligations under this
Security Instrament will have all of Lender's rights and wUl be obligated to keep all of Lender's promises and
agreements made in this Security Instrument except as provided ui^er Section 20.

14. Loan Charges, Lender may charge me fees for services performed in connection with my defaoit, for
the purpose of protecting Lender's interest in tiie Property and rights under this Security Instrument, Including,
but not limited to, attorneys' fees, property inspection and valuation fees. With regard to other fees, the fact
that (his Security Insiniment does not expressly indicate that Lender may charge a certain fee does not mean that
Lender cannot charge that fee. Lender may not charge fees that are prohibited by this Security Instrument or by
Applicable Law.
If the Loan is subject to Applicable Law which sets maximum loan diaxges, and that Applicable Law is
finally interpreted so that the interest or other loan charges collected or to be collected in coimection with the
Loan exceed permitted limits: (a)any such loan charge will be reduced by the amount necessary to reduce (he
charge to the permitted limit: and(b)any sums already collected from me which exceeded permitted limits will
be refiinded to me. Lender may dtoose to make this teiund by reducing the principal owed under the Note or
by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (even ifa prqi^mentcharge is provided for under the Note). If I
accept such a refund that is paid directly to me,1 will waive any right to bring a lawsuit against Lender because
of the overcharge.

15. Notices Required under this Security Instrttment. All notices given by me or Lender in connection
with this Seciuity Instrument will be in writing. Any notice to me in connection with this Security Imtrument
is considered given to me when mailed by first class mail or when actually delivered to nqr notice address if
sent by other means. Notice to any one Borrower will be notice to all Borrowers unless Applicable Law
expressly requites otherwise. The notice address is the address ofthe Proper^ unless I give imtice to Lender
of a dlfTerent address. I will promptly notify Lender of my change of address. If Lender specifies a procedure
fbr reporting my change of address, then I will only report a change of address through (hat verified

LOANNO.: HHI Intilals JA


NEW YORK-SingloFamOy-FanaleMBe/fhiddleMae UNIFORM INSTRUMENT-MERS Fonn3033 1/01
Docno'Sancnluc vom'tsmtani'toa Fagel2cfl7
ORIGINAL

OQ /^^= At
worlc has been completed to Lender's satbfaction. Howevcfi the inspection will be undeitalccn promptly.
Lender may pay for the lepatts and restoration in a single dlsbtirsemeni or In a series of progress payments as
the work is completed. Unless Lender and I agree otherwise in writing or unless Applicable Law requires
interest to be paid on such Miredlaneous Proceeds, Lender will not be required to pay Borrower any interest or
earnings on the Miscellaneous Proceeds. If the restoration or repair is not economicaliy feasible or Lender's
security given in this Security Instrument would be lessened, the Mlscdlanams Prm^eeds be applied to the
Sums Secured, whedier or not then due. The excess, if any, will be paid to me. Such Miscellaneous Proceeds
will be applied in the order provided for In Section 2.
In the event ofa total taking, destruction, or loss in value of the Properq^, the Miscellaneous Proceeds will
be applied to the Sums Secured, vdiedier or not then due. Tire excess, if any, will be paid to me.
In the event of a partial taking, desuuctton, or loss In value of the Profpei^ in which the folr matter value
of the Property immediately before the partial t^ing, destruction, or loss in value is equal to or greater than
the amount of(he Sums Secured immefiately before the partial taking, destruction, or loss In value, the Sums
Secured will be reduced by the amount ofthe Miscellaneous Proceeds mult^lied by the following h^tioiu (a)
the total amount of the Sums Secured immediately before the imrtial tal^, destruction, or loss in value
divided by(b)the foir market value ofthe Property immediately before(he p^al taking, destruction, or loss
in value. Ai^ balance shall be paid tome.
In the event of a partial taking, destruction, or loss in value of the PRqrerQr in which the foir market value
of the Property Immediately before the partial t^ng,destruction, or loss in value is less than the amount of
(he Sums Secured hnmnBately before the partial taking, destruction, or loss in value, the Miscdlaneous
Proceeds wSl be applied to tire Sums Secured whether or not the sums are then due.
If I abandon the Property, or if, after Lender sends me notice that the Opposing Party (as defined in the
next sentence)offered to make an award to settle a claim for damages. I foil to respond to Lender within 30
d^ after the date tte Lender gives notice, Lender is authorize to collect and apply the Miscdlaneous
Proceeds either to restoration or repair of the Property or to the Sums Secured, whether or not then due.
"Opposing Party" means the third party that owes me Miscellaneous Proceeds or the party against whom 1 have
a ngbt of action in regard to Miscellaneous Proceeds.
I will be in default under this Securi^ Instrument ifany civil or criminal action or proceeding that Lender
determines could result In a court ruling(a)(bat would require forfeiture of the Property, or fo)that could
damage Lender's intoest in the Prqretty or rights under this Secun^ Instrument. "Forfdtore" is a court action
to require the Property, or any part ofthe Proner^, to be given up. I may correct the default by obt^nlng a
court Piling that disnih^ the court action, ifLmder determines that this court ruling prevents forfeiture of
the Proper^ and also prevents any damage to Lender's interest in the Property or H^ts under (hb Security
Instniment. If1 correct tire defoult, I wiU have the right to have enforcement of this Securiqr Instrument
dlscondnued, as provided in Section 19 of this Security Instrument, even if Lender has required immediate
payment in full. The proceeds of any award or claim for damages (hat are attributable to the damage or
reduction of Lender's Interest in the Property are assigned, and will be paid, to Lender.
All MisceUaneous Proceeds that are not applied to restoration or repair of the Property will be applied In
(he ocdtn- provided for in Section 2.

12. CottUnuBtlon of Borrower's ObllgsUons And of Lender's Rights.


(a) Borrower's Obligations. Lender may allow me, or a person who takes over my rights and
obligatlois, to dday or to ^ange the amount of the Periodic Payments. Even if Lender does this, however, 1
will still be ^ly oUlg^ted under the Note and under this Secnrity Instrument unless Lender agrees to release
me, in writing, ftom my obligations.
Lenderroaynllowtfaoiedelay&orcbangesfor me or a person who takes over my rights and obligations,
even ifLender is requested not to do so. Even ifLender is requested to do so. Lender will not be required to
(1)bring a lawsuit against me or such a person for not folfitling obligations under the Note or under this
Security Instiumeiit, or(2) refiise to extend time for payment or otherwise modify amortization of the Sums
&cur^.

LOAN NO.: Initials JcU^


NEW YORK-Stngle FamityFUnnle Mae/IVeddte Mae UNIFORM INSTRUMim•MERS Fenn 3033 1/01
DocnefSa»ces,IiK. rezM.MMifanrMtu Page 11 ef 17
ORIGINAL

T1 A1
procedure. There may be only one designated notice address under this Security Instnunent at any one time.
Any notice to Lender will be given by delivering it or by mailing it by first class mail to Lender's address
Slated on the first page of ibis Securi^ Instrument unless Lenderhas given me notice of another address. Any
notice in connection wilb this Security Instrument is given to Lender when it is actually received by Lender. If
any notice requited by this Security bistrument is also required under An>Ucable Law, the Applicable Law
requirement will satisty the cone^ondlng requirement under this Security TpBtn'mt^nt.
16* Law That Governs this Security Instrument} Word Usage* This Security Instrument is governed by
federal law and the law of New York State. All rights and obligations contained In this Security Instrument are
subject to any requirements and limitations of Applicable Law. Applicable Law might allow the parties to
agreeby contract or it might be silent, but such silence does not mean that Lender and I cannot agree by
contract. Ifany term of this Security Instrument or of the Note conflicis with Applicable Law, the conflict will
not affect other provisions of this Security Instrument or the Note which can opeiate, or be given efiecl,
without the conflicting provision. This means that the Security Instrument or the Note will remain as if dte
conflicting provision did not exist.
As used In this Security Instrument: (a)words of the masculine gender mean and include corresponding
words of the feminine and neuter genders}(b)words in the singular mean and include the plural, and words in
the plural mean and include the singular; a^(c)the word "may" gives sole discretion without any obligation to
take any action.

17. Borrower's Copy. I will be given one copy ofthe Note and ofthis Security Insiniment.
18* Agreemenfs about Lender's Rights If the Property Is Sold or TVansferred. Lender may require
immediate payment in full of all Sums Secured by this Security lostrument if all or any part of the I^peity, or
if any right in the Property, is sold or transferred without Looider's prior written permission. If Borrower b
not a natural person and a beneficiai interest in Borrower is sold or tiansfeiml without Lender's prior written
permission. Lender also may require inunedmte payment in full. However,(his option not te exercised
by Lender if such exercise is prc^ibitcd by Applicable Law.
If Lender reqidres immediate payment in liili under this Section 18, Lender will give roe a notice wbidi
slates(his requirement. The notice will give me at least 30 days to make the required payn^t. The 30>day
period will begin on the date(he notice is given tome in(te manner reqpilred by Section 15 of (his Security
Instniment. IfI do not make the required payment during that period, Lender may act to enforce its rights
under this Security Instrument without giving me any fuithei iKXice or demand for pstynient.
19. Borrawer's Right to Have Lender's Enforcement ofthis Security Instrument Olscontianed. Even
if Lender has required immediate payment In full, I may have the right to have enforcement of this Security
Instrument stopj^. I wHl have this li^i at any time before the earliest of: (a) 5 days before ^e of the
Property under aqy power of sate granted by this Security Instrument; &) another period as Applicable Law
mlg^t specity for the termination of my right to have enforcement of the Loan stopp^; or (e) a judgment has
been entered enforcing this Security Instrument. In order to have this right, I will meet the following
conditions:
(a) I pay to Lender the full amount that(hen would be due under this Security Instrument and (he Note as
If immediate payment in fiill had never been required;
(b) I correct my failure to keep any of my other promises or agreements made in diis Security Instrument;
(c) I pay all of Lender's reasonable expenses in enfondng this Security Instiument including, for exanqile,
reasonable attorneys'fees, property inspection and valaalton fees, and other fiees incurred for the purpose of
protecting Lender's interest in the Property and rights under this Security Instrument; and
(d) Ido whatever Lender reasonably requires to assure that Lender's interest In the Property and tights
under this Security Instrument and my obligations under the Note and under this Security Instrument
unchanged.

LOANNOalH InlUab A U
NEW YORK-SiitglfiFaro&y-FhnnleMae/IVeddlB Mac UNIFORMINSTRUMENT-MERS Fonn3033 1/Dl
Docnu^SetncexIitc roxM.MMTONVMui PegoUori?
ORIGINAL

■a-a fsf A*?


do. nor allow anyone else to do. anything affecting the Property that; (a)is in violation of any Environmental
Law;(b)creates an Environmental Gondttion; or(c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Prt^erty. The promises in this paragraph
do not apply to die presence, use. or storage on the Property ofsmall (piantilies of Hazardous Substances that
are generally recogidzed as ^piopiiate for mnxnat lesidential use and mainienance of the Property (including,
but not lindted to, Hazardous Substances in consumer products). I may use or store these small quantities on
the Property. In addition, nnless Environmoital Law requires removal or other action, the buildings, the
improvements and the fixtures on the Properly are permitted to contain asbestos and asbestos-containing
materials if the asbestos and asbestos-containing materials are undisturbed and "non-friable'(that Is. not easily
crumbled by hand pressure).
I will pron^tly ^ve Lender written notice of: (a)any investigation, daim.demand,lawsuit or other action
by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance
or Enviionmenta! Law of which I have actual knowledge;(b)any Environmental Condition, including but not
limited to. any spilling, leaking, disdiarge, release or tiueat of idease of any Hazardous Substance; and(c)any
condition caused by the presence, use or release ofa Hazardous Substance vAich adversely affects ^e vdue of
the Property. If I team, or any governmental or regulatory authority, or any private patty, notifies me that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, I will promptly
take all necessary remedial actions in accordance with Environmental Law.
Nothing In this Security Instrument creates an obligation on Lender for an Environmental Cleanup.

NON-UNIFORM COVENANTS

1 also promise and agree with Lender as follows:

22. tendons Rights If Borrower Falls to Keep Promises and Agreemaits. Except as provided in
Section 18 of this Security Instrument,if all of the conditions stated fa subsections(a),(b)and (c) of this
Section 22 are met, Lender may require that I pay immediately the entire amount then remaining unpaid
undo* the Note and under this Security Instrument. Lender may do this without making any furthor
demand for paymmt. This requirement Is called "Immediate payment In fbll."
If Lender requires immetUate paymentin(toll, Lender may bring a lawsuit to take away all of my
ranainlng rights in the Property and have the Property sold. At(his sale Lendo'or another person may
acquire the Property, This is known as "foreclosure and sale." In any lawsuit for foreelosnre and sale>
Lender will have the r^t to collect all costs and disbuisements and additional allowances allowed by
Applicable Law and will have the right to add all reasonable attorneys' fees to the amount1 owe Lenda-,
which fees shall become part of tire Sums Secured or if anoth^ default occum und» this Security
Inslnimoit.

*Leadcr may require Immediate payment in iUU under this Section 22 only if all of the following
conditions are met:
(a) I fail to ke^ any promise or agreement made In this Security Instniment or the Note, including,
but not limited to,the promises to pay when due the Sums Secured or If another default occurs under(hfe
Security Instrument:
(b) Lender sends to me,in the manner described in Section IS of this Security Instrument, a notice
that states:

(1) The promise or agreement that 1 failed to keep or the default that has ecoirred;
(2) The action teat I must take to correct that default;
(3) A date by which I most correct(he default. That date will be at least 30 days from the date
on which the notice Is given;

LOAN NO.: Inttlak ILJL


NEW YORK-SiBfileFainUy-FBnnleMae/nreddle Mac UNIFORM INSTRUMENT-MERS F0nn3033 l/Ol
DocrupSayteex.Inc. mrm•mmtgnywisi Page IS of 17
ORIGINAL

■ac r\^ hi
INITIAL INTEREST'^ ADJUSTABLE RATE RIDER
(1-Year LIBOR Index - Rate Caps)
(Assomable after lalUal Period)

THIS INITIAL INTEREST ADJUSTABLE RATE RIDER is made thb UTH day of
DECBMBER . 2005 .and is incorporated into and fihflU be deemed to amend and supplement
the Mortgage, Deed ofTnist, or Security Deed (the "Security Inslnunent") of the same date givmi by the
undersigned (the "Borrower")to secure the Borrower's Initial Interest Ad)t>stable Rate Note (the "Note") to
FAIRMONT FUNDING LTD.A NEW YORK CORPORATION

(the "Lender")Ofthe same date and covering the property described in the Security Instrument and located at:
4221 ATLA1OT1C AVENUE [
BROOKLYN.NEW YORK 11224
(Property Address)
the NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE
BORROWER'S INTERECT RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE THE BORROWER MUST PAY.

ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instnunenl. Borrower and Lender farther covenant and agree as follows:

A. INTEREST RATE AND MONTHLY PAYMENT CHANGES


The Note provides for an initial interest rale of fiJiOQ %. The Note provides for interest only
payments until the first folly amortinng principat and interest payment due date (the "First P&I Payment Due
Date"), which is the fint day of FEBRUARY . Mil .
The Note provides for changes in the interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Interest Change Dates
The interest rate 1 will pay may change on the first dav ofJANUARY - and may
change on that day every i2lh month thereafler. Each date on whidh niy Interest rate could chaiige is called an
Interest Change Date."
(B) TTie Index
Beginning with the first Interest Change Date, my interest rate will be based on an Index. The "Index" is
the one-year London Inteifoanlc Offered Rate("LIBOR") which U the average of interbank offered rates for
ane<year U.S. dollar-denominated deposits in the London market, as published in Tfie Wall Street Journal. The
most recent Indme figure available as of the date 45 days before each Interest Change Date is called the "(hirrent
Index."
If the Index is no longer available, the Note Holder will choose a new index which is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) C!alGiiIatifHi of Changes
Before eaCh Interest Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND 2so/ifloo percentage point(s)( 2JS0 %l to the Current Index. The Note Holder
will then round die result of this addition to the nearest one«ighth of one percentage point <0.125%). Subjea
to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next
Interest Change Date.

LOAN NO.; HHI luWals KA


MULTISTATB INITIAL lIVrEReST AIMUSTABLS R ATB RIDER.t-Vm UBOR late(Amaabla Ba«r IsKtU PtrltS)-Slasb VaaStf-
FVeldli Mte UNIFORM INSTRUMENT
Oocnui>AuHca fNc mu*M8si»N.8tt9 Page 1 of3 Form 5137 7/(£

ORIGINAL

"SI An
2. AFTER BORROWER'S INITIAL INTEREST RATE CHANGES UNDER THE TERMS
STATED IN SECTION A ABOVE,UNIFORM COVENANT 18 OF THE SECURTTY INSTRUMENT
DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND THE
PROVISIONS OF UNIFORM COVENANT 1ft OF THE SECURITY INSTRUMENT SHALL BE
AMENDED TO READ AS FOLLOWS:
TVansfer of the Pmperty or a Be&eflcial Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or heneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed,contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to
a purchaser.
Ifall or any part of the Proper^ or any Interest in the Property is sold or transfened (or if
Boirovwr is not a natural person and a beneficial interest in Borrower Is sold or transfened) without
Lender's prior written consent, Lender may require imnffidlate payment in fidl ofall sums secured by
this Security Instrument. However, this i^tion shall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also Shall not exercise this option if: (a)Borrower causes to be
submitted to Lender infoimatlon required by Lender to evaluate the Inteitded transferee as If a new loan
were being made to the transferee;^fir)Lender reasonably determines that Lender's security will not
be inqiaired by the loan assunq)tion and that the risk ofa breach ofany covenant or agreement in this
Security Instrumem Is acceptable to Lender.
To tbe extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender m^ also require the transferee to sign an assumption
agreement ttiat is acceptable to Lender and that obligates the transferee (o keep all the prondses and
agreements made in the Note and In this Security Instniment. Borrower will continue to be obiigated
untler the Note and this Securi^ Instiumcot unless Lender releases Borrower in writing.
IfLender exercises the option to require immediate payment in full. Lender shall give Borrower
notice of acceleration. Tbe notice shall provide a period of not less than 30 days fiom the date the
notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Bonower fails to pay these sums prior to(he expiration of this period. Lender
may invoice any remedies permiucd by this Securi^ Instrument without further notice or demand on
Borrower.

BY SIGNING BELOW, Borrower accepts and agrees to the temis and covenants contained in this
Adjustable Rate Rider.

^(Seal) (Seal)
•Borrower •Borrower
MlCnAEL XRICHEVSKY

^(Seal) ^(Scal)
-Borrower -Bonower

(Sign OrigiQal Only)

LOAN NO.;
MUi«TISVA'i'j£ INITIAL INTBRSST AIU1ISTABL1S RATB RIDER • l.ytar LIBOR Lsdox(Anomablo sntr loUtel Phrtod).SlAgb Pmlly.
nrtMliMac VNtFORM tNSTRCMEMT
DoenwSanaailKe. i«BM*Maiunc«us Page 3of3 Ponn5137 7/QS
ORIGINAL

•ao A >7
NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER

Tliis page is part ofthe instrument. Hie City


Register will rely on the information provided
by you on tliis page for purposes of indexing
this instniment. The information on this page
will control for indexing puipt^es in tlie event
of any conflict with die rest of the document.
2009100900097001001E9E67
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3
Document ID: 2009100900097001 Documenl Date:08-25-2009 Preparation Date: 10-09-2009
Document Type: ASSIGNMENT,MORTGAGE
Document Page Count: 1
PRESENTER: RETURN TO:
HOLD FOR PICK-UP SUZANNE MANGO IN CARE OF SUZANNE MANGO
PRIME TITLE(PT70347) STEVEN J, BAUM,PC.
410 NEW YORK AVENUE 220 NORTHPOINTE PARKWAY.SUITE G
HUNTINGTON,NY 11743 AMHERST.NY 14228
631-870-1100 716-204-2400
mbrenner@primetitlellc.com

PROPERTY DATA
Borough Block Lot Unit Address
BROOKLYN 7026 53 Entire Lot 4221 ATLANTIC AVENUE
Property Type: DWELLING ONLY -1 FAMILY

CROSS REFERENCE DATA


CRFN: 2G05C00701375

PARTIES
ASSIGNOR/OLD LENDER: ASSIGNEE/NEW LENDER:
MORTGAGE ELECTRONIC REGISTRATION US BANK NATIONAL ASSOCIATION
SYSITFMS TNC 180 EAST 5TH STREET
3300SW 34TH AVENUE.SUITE 101 ST PAUL. MN 55101
OCALA,FL 34474
X Additional Parties Listed on Continuation Page
FEES AN D TAXES
Mortgage Filing Fee:
Mortgane Amount: o.co $ 0.00
Taxable Mortgage Amount: 0.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County(Basic): 0.00 NYS Real Estate Transfer Tax:
CitvfAdditionan: 0.00 S 0.00
Spec(Additional^; 0.00 RECORDED OR FILED IN THE OFFICE
TASF: 0.00 OF THE CITY REGISTER OF THE
MTA: 0.00 CITY OF NEW YORK
NYCTA: 0.00 Reconied/FUed 10-19-200915:47
Additional MRT; 0.G0 City RegisterFile No.(CRFN):
TOTAL: 0.00 2009000339958
Recording Fee: 42.00
Affldavit Fee: 0.00

City Register Official Signature

A1 »->■?
Lotm M

ASSIGNMENT OFMORTGAGE

Count>'ol'KINCiS.Stale ol'New York

Assignor; IVlortg»gc Eluclronic RegisirnUon Systems, Inc. ns nominee for Fairmont Funding, Ud., its successors and
assigns,3300SW 34(h Ave.Suite 101, Ocala, PL 34474

Assignee; US Bank Nalioiial Association,as Trustee for Mortgage Pnss<Through Certificates,Series 2006*F. 180 East 5ih
St...St. Paul. MN 55101

Original Uiiden Mortgage Electronic Registnitiun Systems, Inc. as nominee for Fairmont Funding. Ltd., its successors
and assigns

Mortgage made by MICHAEL KRICHEVSKV.dated the I4(h day of December, 2005 in the amount of.Seven hundred and
forty seven thousand six hundred dollars ($747,600.00) and interest, recorded on the 21st day of December, 2005 in the
OfTlce oftitc Clerk ofthe County of KINGS at Ccrtlficnie/Docket Number 2005000701375.

This said mortgage luui not been otheiAvise assigned.

Property Address;4221 ATLANTIC AVENUE. UROOKLVN. NY II224


SBI./i Block 702A l.ol.'t.t

Know that All Men By Tbe.se Present in coiMiderution of the sum of One and Na'tOOth Dollars and otiier good valuable
consideruiton. paid to the above Named assignor, the receipt and sufficiency of which is Itereby acknowledged the Said Assignor
hereby fl.ssigiis unlu the above named Assignee the said Mortgage, and tite full benefit ofall the powers and of nil the covenants
und Provi.si(<ns therein contained, and the said Assignor hereby grants and convcws unto the said Assignee, the Assignoi's
henelicial interest under the Mortgage.

TO HAV'E.\i\'D TO HOLO the ssiid Moilgagc. and also the snid property unto the said Assignee forever, subject lu ilic terms
ctmtamed to said M«>iigage.
n/fdT Assignment is not subjea to the requiremom ofSection 275 of the Real Property Law because it is wiilun the secondary
mortgage mtirket.
/.Y W1TSESS wmiHHOT', lite A.s.signor has causal liiesc presents to be signed by its duly miiliorized olllccr this 2.^ih day of
August. 2{)t)0.

tyPRtSEM'EO/-

Mortgage Electronic Registrntioii Systems, Inc. a.s


nominee for Fairmont Funding, Ltd., Us successors
and assigns

BY:
Elpiniki M. Dechakas
Assisiam Secretary ;nd Vice Prc.sidciii
.State of New York
Countyofl-ric .s>;
On the 25iii day of August in the year200*r heliuv mc. lite undersigned, a notary public in and for snid state, personally
appeared Idpiniki M. Hecliakas. persottally known to tnc or proved to me on the basis ofsatisfactory evidence to be lite
individitalis) whose n»me(s)is(»rel subscribed to the within instrument and acknowledged to me thai he shc'tliey e.sccuied
the same in hi&-her lheir capacity(ies). and that by liisdter/tlieir slguaiure(s) on the instrument, the individuuKs}or (tie petison
upon hehalfof wiitch the individual(.s) acia). c.\ceuled the instrumem.

oiffrx' Public

SEAL PHIar Processing. LLC


220 Northpotnie Pkwy., Suite B
JeanottoShoBga Amherst. NY 14228
Noloiy PubBo State or Now Voifc
etuoWtecSlnNlagwoCoimty
/Y
My Commisston Expires July 27, ^

A"* r\f An
NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER

2013090400289001001CCFA6
RECORDING AND ENDORSEMENT COVER PAGE (CONTINUATIONS PAGE 2 OF4
Document ID: 2013090400289001 Document Date:08-29-2013 Preparation Date: 09-04-2013
Document Type: ASSIGNMENT,MORTGAGE

CROSS REFERENCE DATA


CRFN: 20090003399S8

AK nKf! At
CORRECTIVE ASSIGNMENT OF MORTGAGE PAGE 2 OF 2

STATE OF Minnosota
COUNTY OF Dakota

On the li^he year befoio mo. tho undersigned,


poraonally appeared iesu I autges. As^latant Saeretarv. personally known to me or
proved to me en the basis of saUsfaetory evidence to bo the individual(8) whose name(s} ls(are) subseritied to the
within Instrument and acknowledged to me that hafehe/they executed the same in his/herAheIr capaetty(ios), and that
by hiafher/their signatureCe) on the instrument, the indlvldual(s). or the person upon behalf of which the Individuals)
acted, executed the Instrument,and that such lndividuals{s) made such appearance before the undersigned In the
County of Dakota, State of Minnesota.

my hand and official seal.


LYNN MARIE SEVlCKi
NOTARY PU8UC* MNNESOIA:
My Commlaelon Expires •
' January 31,2017
Notary ^pfhSs:
Dakota, Minnesota
(This area for notarial seal)

PREPARED BY: WEI.L8 PARCO BANK, N.A.

'Wftn/tftfatnaneoaM \ 'NtMNos* NvsrikTEjMOAr.ASS)aNwASSN»m<vvpei.r

An Al
IFILED; KINGS COUNTY CLERK 04/18/2016 01;37"~Pia INDEX NO. 506127/2016
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/18/2016

STATE OF NEW YORK


SUPREME COURT: COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION, AS


TRUSTEE FOR BANC OF AMERICA FUNDING
CORPORATION MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006-F
Index No.:

Plaintiff,
vs.
CERTIFICATE OF MERIT
PURSUANT TO CPLR
3012-b
MICHAEL KRICHEVSKY,NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
UNITED STATES OF AMERICA BY THE INTERNAL MORTGAGED PREMISES:
4221 Atlantic Avenue a/k/a
REVENUE SERVICE,CITY OF NEW YORK
4219-4221 Atlantic Avenue
PARKING VIOLATIONS BUREAU,
and JOHN DOE, Brooklyn, NY 11224

Defendants,

1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated
with the law firm of Woods Oviatt Oilman LLP,attorney for plaintiff U.S. Bank National
Association, as Trustee for Banc of America Funding Corporation Mortgage Pass-Through
Certificates, Series 2006-F in this action.

2. I am unable to confirm whether this residential foreclosure action involves a home loan, as such
term is defined in Real Property Actions and Proceedings Law §1304,as I am presently unable to
confirm that the defendants Michael Krichevsky is a resident of the property subject to
foreclosure.

3. I have reviewed the facts ofthis case and reviewed pertinent documents, including the mortgage,
security agreement and note or bond underlying the mortgage executed by defendant, all
instruments ofassignment(if any), and all other instruments of indebtedness including any
modification, extension, and consolidation.

4. On April 6,20161 consulted about the facts of this case with the following representatives of
plaintiff:

Name Title
Daniel V.Edward Vice President of Loan Documentation

Upon this review and consultation, to the best of my knowledge, information, and belief, I certify
that there is a reasonable basis for the commencement of this action, and that plaintiff is the
creditor entitled to enforce rights under these documents.

{3911350:}

1 of 2
6. Listed in Exhibit A and attached hereto are copies ofthe following documents not otherwise
included as attachments to the summons and complaint: the mortgage; all instruments of
assignment(if any); and any other instrument ofindebtedness, including any modification,
extension, and consolidation (Check box if no documents are attached in Exhibit A;[].)

7. [IF APPLICABLE - Listed In Exhibit B and attached hereto are supplemental affidavits attesting
that certain documents as described in paragraph 5 supra are lost, whether by destruction, thefl,
or otherwise.(Check box if no documents are attached in Exhibit B:[X].)]

8. I am aware of my obligations under New York Rules ofProfessional Conduct(22 NYCRR Part
1200)and 22 NYCRR Part 130.

Dated: April^,2016

Victoria E. Munian, Esq.


Attorneysfor the Plaintiff
Woods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester, NY 14614
Tel.:(855)227-5072

{3911350;}

2 of 2
EXHIBIT C
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MOR TGAGE
PASS-THROUGH CERTIFICATES. SERIES 2006F. VERIFIED ANSWER TO
PlainiilT. UNDATED
FORECLOSURE
-against- COMPLAINT,
COUNTERCLAIMS,
MICHAEL KRICHEVSKY,et ai. DEMAND FOR TRIAL
Delendants. BY JURY

COUNSELORS;"Our courts should not be collection agencies for crooks." — John Waihce,

Governor of Hawaii, 1986-1994.

TAKE JUDICIALNOTICE: that 1. Michael Krichevsky, am alive, private man, who is one of the people

of New York. I am domiciled in the material world to wit: geographic area of former Dutch colony

currently known as New York Republic. The change from colony to republic occurred during creation and

signing of Constitution for the united states ol'America. Man. Michael Krichevsky. therefore stands on the

common law custom and usage jurisdiction ol'people domiciled in this geographic area. THFZ STATE OF

NEW YORK is fictitious entity, creation of mind, known as corporation. Alive man, Michel Krichevsky,

is not corporation or 'Juristic person'; Michael Krichevsky is not a shareholder, agent or employee ofsaid

corporation; Michael Krichevsky did not knowingly contract with said corporation; Michael Krichevsky

is not a property ofthis corporation. As such, no nexus beivvecn corporation and man exists. Therefore, it

is axiomatic that man. Michael Krichevsky.cannot be a resident of.such fiction and anyone claiming to the

contraiy is incompetent or trying to perpetrate the fraud upon the court in procuring jurisdiction of THE

S TATE OF NEW YORK over me.


Declaration of Michael Krichevsky and Rei)ullul of 12 Presumptions of the Court

I, Michael Krichevsky, sui juris. Falsely Accused Ciaimani ([■'alsely Accused) hereby rebut 12

presumptions ol'this court, which 1 believe will operate as Roman Municipal Court.

1 give credit to attorney Meivin Stamper. .ID. who publicly disclosed and related the following information

frojii the book "Fniit from a Poisonous Tree "(available at Amazon, page 58):

"The scheme also providedfor the conirol of the eoiirls via the 1913 creation of the American Bar

Association, whose parent organization u t/.v the European International Bar Association, which was the

creation of Rothschild. This allowed the International Bankers to control the practice of law. in that the

only ones permitted to practice before the courts were those who were educated under their brand of law,

which was only Admiralty and Contract law. ( 'ommon law of the people was to be replaced as it gave the

natural man many jurisdictional protections from the bankers' legislation. "

I give credit to Anlicorniption Society and Cannon Law researcher Frank O'Collins (one-heaven.orti).

who ferreted out these presumptions and helped make them a\ ailablc to the general population. They,

also, pointed out that our so-called *courts" arc run by a private guild b\ the name of the British

Accreditation Regency. See: The BAR Card fre-m wvvw.usa-the-rejuiblie.eom.

Canon 3228

A Roman Court does not operate according to any true rule of law. but by presumptions of the law.

Therefore, if presumptions presented by the pri\ ate Bar Ciuikl arc not rebutted they become laci and are

therefore said to stand true fOr as "truth in commerce"]. There are twelve (12) key presumptions asserted

by the private Bar Guilds which if unchallenged stand true being Public Record. Public Service. Public

Oath. ImmunilN. Summons, Custody. Court of (iuardians. Court of Trustees. Government as

Hxecutor/Beneficiary, Executor De Son Tort. Incompetence, and Guilt:

1. The Presumption of Public Record is that any matter brought before a lower Roman Courts is a
inaUcr for llic public record when in fad il is presumed by the members ol'llic private Bar Guild that the

matter is a private Bar Guild business matter. Unless openly rebuked and rejected by stating clearly the

matter is to be on the Public Record, the matter remains a private Bar Guild matter completely under

private Bar Guild rules; and

2. The Presumption of Public Service is that all the members of the Private Bar Guild who have all

sworn a solemn secret absolute oath to their Ciiiild then act as public agents ofthe Government, or "public

oH'tcials" by making additional oaths of public office that openly and deliberately contradict their private

"superior" oaths to their own Guild. Unless openly rebuked and rejected, the claim .stands that these

private Bar Guild members arc legitimate public serv'unts and therefore trustees under public oath; and

3. The Presumption ofPublic Oath is that all members ofthe Private Bar Guild acting in the capacity

of"ptiblic officials" who have sworn a .solemn public oath remain bound by that oath and therefore bound

to serve honestly, impartiality and fairly as dictated by their oath. Unless openly challenged and

demanded, the presumption stands that the Private Bar Guild members have functioned under their public

oath in contradiction to their Guild oath. If challenged,such individuals must recuse themselves as having

a conflict of interest and cannot possibly stand under a public oath: and

4. The Presumption of Immunity is that kes members of the Private Bar Guild in the capacity of

"public officials" acting asjudges, prosecutors and magistrates who have sworn a solemn public oath in

good faith are immune from personal claims ol injury and liability. Unless openly challenged and their

oath demanded,the presumption stands that the members ofthe Private Bar Guild as public trustees acting

as judges, prosecutors and magistrates arc immune from any personal accountability for their actions; and

5. The Presumption of Summons is that by custom a summons unrebuttcd stands and therefore one

who attends Court is presumed to accept a position (defendant,juror, witness)and jurisdiction of the

court. Attendance to court is usually invitation by summons. Unless tlie summons is rejected and returned,
with a copy of the rejection filed prior to choosing to visit or attend,jurisdiction and position as the

accused and the existence of"guilt" stands: and

6. The Presumption of Custody is that by custom a summons or warrant for arrest unrebuttcd stands

and therefore one who attends Court is presumed to be a thing and therelbre liable to be detained in

custody by "Custodians".[This includes the dead legal fiction non-human "PTRSON" that

corporate-governments rules and regulations arc written for.*] Custodians may only lawfully hold custody

of property and "things" not fiesh and blood soul possessing beings. Unless this presumption is openly

challenged by rejection ofsummons and/or at court, the presumption stands you are a thing and properly

and therefore lawfully able to be kept in custody by custodians: and

7. The Presumption of Court of Guardians is the presumption that as you may be listed as a

"resident" of a ward ofa local government area and have listed on s our "passport" the letter P. you are a

pauper and therefore under the "Guardian" powers of the government and its agents as a "Court of

Guardians". Unless this presumption is opcnK challenged to demonstrate you are both a general guardian

and general executor ofthe matter(trust) before the court,the presumption stands and you are by default a

pauper, and lunatic and therefore must obe\ the rules ofthe clerk ofguardians(clerk of magistrates court);

8. The Presumption of Court of Trustees is that members olThe Private Bar Guild presume you

accept the office of trustee as a "public serv ant" and "government employee"just by attending a Roman

Court, as such. Courts are always for public trustees by the rules of the Guild and the Roman System.

Unless this presumption is openly challenged to state you are merelv visiting by "invitation" to clear up

the matter and you are not a government employ ee or public trustee in this instance, the presumption

stands and is assumed as one olThe most significant reasons to claim jurisdiction -simply because you

"appeared": and

9. The Presumption of Government acting in t>vo roles as Executor and Bencfician' is that for the
mailer at hand, the Private Bar Guild appoints the judge/magistrate in the capacity of Executor while the

Prosecutor acts in the capacity of BeneJlciary ofthe trust for the current matter. Unless this presumption is

openly challenged to demonstrate you arc both a general guardian and general executor of the matter

(trust) before the court,the presumption stands and you arc by default the trustee, therefore must obey the

rules of the executor (judge/magistrate); and

10. The Presumption of Executor Dc Son Tort is the presumption that if the accused does .seek to

assert their right as Executor and Beneficiary over their body, mind and soul they arc acting as an Executor

De Son Tort or a "false executor" challenging the "rightful" judge as Executor. Therefore, the

judge/magistrate assumes the role of"true" executor and has the rigiu to have you arrested,detained,fined

or forced into a psychiatric evaluation. Unless this presumption is openly challenged by not only asserting

one's position as Executor as well as questioning if the judge or magistrate is seeking to act as Executor

De Son fort, the presumption stands and a judge or magistrate of the private Bar guild may seek to

assistance of bailiffs or sheriffs to assert their false claim; and

11. The Presumption of Incompetence is the presumption that you are at lea.st ignorant of the law,

therefore incompetent to present yourself and argue properly. Therefore, the judge/magistrate as executor

has the right to have you arrested, detained, fined or forced into a psychiatric evaluation. Unless this

presumption is openly challenged to the fact that you know your position as executor and beneficiary and

actively rebuke and object to any contrary presumptions, then it stands by the time of pleading that you arc

incompetent then the judge or magistrate can do what they need to keep you obedient; and

12. The Presumption of Guilt is the presumption that as it is presumed to be a private business

meeting of the Bar Guild, you are guilty whether you plead "guilty", do not plead or plead "not guilty".

Therefore unless you either have previously prepared an affidavit of truth and motion to dismiss with

extreme prejudice onto the public record or call a demurrer, then the presumption is you ai-e guilty and the
pri\ aic liar Guild can hold you uniil a bond is prepared to guarantee the amount the guild wants to profit

IVom you.

As I am aware of these presumptions. I do not consent to them antl declare that I am not a debtor

(sinner)or surety in this action. 1 am, rather, creditor and real party in interest who "injured in fact." I

object and challenge these presumptioits. I demand I) a court reporter and a Court of Public Record; 2)a

copy of Oath of Office from judge Noah Dear as Public Serv ant and Trusiee of Public Tnisi. who is being

paid by the Public. 1 demand an explanation ofJudge Noah Dears authority over my property and me.sui

juris who does not consent(contract) to these kangaroo court proceedings ~~ as "two cannot walk together

unless they agree.'* This rebuttal is peremptory challenge to Judge Dear whether he is sworn to the BAR

first and foremost. Will judge Dear act in capacity of'tPublic Official," who have sworn a solemn public

oath, and remain bound by that oath and therefore bound to serve honestly, impaniality and fairly as

dictated by their oath? As such, ifjudge Dear injures me. he would not be immune from personal liability.

I am returning summons,do not accept the position of defendant and presumption ofguilt, and attend

under duress in self-defense from criminal acts of plaintiff and its attorneys. .As alive man, sui juris, 1 am

not a thing, slave orjuristic person in anybody's cu.stody or control. I am not under presumed authority of

"Court of Guardians" in this matter.

1 do not accept the office oftrustee as a "public servant" and "government employee"just by attending

this Roman Coun. I am merely visiting by "im iiation" to clear up the matter of criminal fraud. As such. I

am not a government employee or jmblic trustee in this in.stance.

Judge Dear is not an Executor appointed by the Bar while plaintiffs attorneys are beneficiaries of the

trust in this matter. In fact, as sui juris, I am the general guardian and executor of my property in this

matter, which 1 open to public and trial by jury.

Is judge Dear seeking to act as Executor Dc Son Tort in that matter? As a private man.sui juris, I have
all ol'iny Clod given natural rights and authorit\ to be a steward ol'the land.

Judge Dear is not custodian and I am not a thing or subject. Furthermore, as private man. sui juris. 1 am

competent and over the age oFmajority. I am not trustee in this matter, but a victim ofpublic corruption by

bank attorney, which will be explained in detail below.

Once again, 1 declare that as sui Juris 1 am competent in law to delend myself in lawful, constitutional

common law court of record and reject presumptions that this is going to be BAR's "private lynching" of

guilty slave.

For my Verified Answer Under Dure.ss to the Unverified. Undated Complaint, 1 move all court officers

to perfomi their fiduciaty duty to Public and me. and set common law jurisdiction to uphold my God given

rights, guaranteed by New York's Constitution.

I. Michael Krichevsky. move this court to take judicial notice if my sui juris status. Due to the breach of

peace, harassment and fraudulent,simulated process .started by plaintiffand its attorneys,as officers ofthe

court, it does not look like this court is set to operate at law or in equity. I object, notify presiding judge of

criminal conduct of unidentified plaintiifand its attorney again.st me. 1 aver in self-defense, without

prejudice and without waiving any rights to expose these corruption and crime. 1 aver Under Duress,

without voluntarily submitting to fictitious, corporate jurisdiction of this court called New York Unified

Court System. I am cautious and presume that this system is set to act as kangaroo court using 12

presumptions of court to violate all of my rights in favor of plaintiffand its attorney. I aver, in the court of

record, without waiving any of my natural or other rights and rules as follows;

ANSWERING UNDER DURESS A1J. CAUSi-.S OF AC flQN

1, I rebut every presumption (disclosed and undisclosed). I generally deny each allegation contained in

paragraph numbered 1.2. 3.4.5.6. 7. 8. 10. l.>. 14.15. 18. 21. 22. and 23 ofthe Complaint,including that

Plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to
inslilule a niorigage foreclosure action by ilic owner and holder ofthe subject mortgage and note. I notice

the Public Court that Plaintiffs attorney never pleaded ihc term in due course.' which makes the action

suspicious for fraud.

2. Moreover. II 1 is the suspect to me for fraud. In prior litigation attorney for Plaintiff refused to identify

the true name and nature ofthe Plaintiff with similar name and Hied motion to discontinue prior action in

order to prevent discovery or disclosure ol'ils identity: and prevent me from trial by jury to dismifis prior

action with prejudice for lack of standing. Dismissal with prejudice is resolution of controversy on the

merits. As such, plaintiff is estopped from bringing any action again.st me..4s such, this action is frivolous

and abuse of process.

3. I specifically deny statement in paragraph 2. that I "reside" at my property because such term is not
clearly defined and to my knowledge is deceiving as one ofthe elements offictitious jurisdiction.
4. 1 partially admit and partially deny paragraph 18, to wit: 1 claim to have interest in and lien upon the real
properly that 1 own and nobody has a lien or interest superior to mine.

5. 1 lack infonnation and knowledge sufficient to form a belief as to the truth of the allegations contained

in paragraphs numbered 1 L 12.16. 17. 19.21. and 24 of the Complaint. As such. 1 demand strict proof.
6. In addition, in this complaint. Plaintiffs attorney changed and Plaintiffs address withheld, which facts
1 treat as deceitful.

7. There is no man or woman making a verified claim in this action, cwcept myself

8. As to 12. it is as vague as to which record Plaintiffs attorney refers. Therefore. 1 demand an


e.xplanation or more particular statement.

9. Accordingly, Falsely Accused demands identification ofthe Plaintiff, U.S. BANK NATIONAL
ASSOCIATION. AS TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION

MORTGAGE PASS-THROUGH CER'TIFICA'TES. SERIES 2006F.(US BANK)and authority of its


auonicy to represent it. As it stands now. I a\er. upon inrorniation and believe derived irom my personal

investigation, that this is a fake, fictitious flaintilT. Upon information and belief, 1 aver that plaintiff is a

third party unidentified interloper playing a Shell game to plunder my estate.

AS AND FOR A FIRST AFFIRM A'l'lVE DHFHNSE -• Lack of personal iurisdiction

10. Court lacks personal jurisdiction over the falsely Accused. Per NY Civil Practice Law and Rules §

308.1 was not properly served with process in this action for the following reasons: a)a copy ofSummons

and Complaint were not handed to me in person, b)a copy ofSummons and Complaint were not left at my

home with a "person of suitable age and discretion." c)a copy of Summons and Complaint were not

attached to my liomc door, with another copy mailed within 20 days to my home. The process server never

saw and asked me whether 1 was in the military service and what my name was. In addition, due to the

unfinished construction of my hou.se. there was no building number anywhere posted and 1 question how

he found me.

11. The attorney for plaintitT. Victoria li, Munian, Esq., made the following false and/or contradictory

statements regarding service of process and initiation of this tiction:

"1. 1 am an attorney at law duly licensed to practice in the State of New York,and am
affiliated with the law firm of Wood.s Oviatt Oilman LLP. attorney for plaintitT U.S. Bank
National A.ssociation. as Trustee for Banc of America Funding Corporation Mortgage
Pass-Through Certificates, Series 2()06-F in this action.
2. 1 am unable to confirm whether this residential forecio.surc action involves a home loan,
as such term is defined in Real Property .Actions and Proceedings l^w § 1304. as I am
pre.sently unable to confirm that the defendants Michael Krichevsky is a resident of
the property subject to foreclosure"[emphasis mine]

12. .Affidavit of service states that server personally served me at subject properly address and that I have

identified myselfto process server. thereb>^ creating presumption that 1 am a resident of property subject to

foreclosure (Exhibit A).

13. As such. Traverse hearing is required to determine whether Atlome\'s statement that she is "unable to

confirm that the defendants Michael Krichevsk\ is a resident of the property .subject to foreclosure" or
arndas ii ofsen icc is false. Personal!). 1 believe ihai atiomey hersell'is aware thai proper service was not

performed, hence her statement in 1' 2 that she is "unable to conllrm that the defendants Michael

Krichevsky is a resident of the properly subject to foreclosure" of her certificate of merit.

14. /Mternatively, Victoria E. Munian. Esq.. believed the process server's affidavit, but made this

statement to avoid compliance with Real Properly Actions and Proceedings Law § L5()4 and other

applicable law to mislead the court and take advantage over me. In that case. Victoria E. Munian, Esq.

committed attorney misconduct and should be sanctioned, while her complaint dismissed with prejudice,

15. Regardless of the outcome of fravers hearing, both material facts in .said affidavit ofservice and

certificate of merit contradict each other and one of them is false, and therefore fraudulent. According to

maxim oflaw."fraud vitiates all", either affidavit of service is perjury and must be stricken from the

court's record and .ser\'icc of process quashed, or certificate of merit is perjuiy and must be stricken from

court's record and complaint dismis.sed with prejudice.

AS .AND FOR A SECOND AfflRMATIVI-l DEFENSE - Lack of subject matter jurisdiction

16. That this Court lacks subject matter jurisdiction over the issues rai.sed herein because Plaintiff, inter

alia, suffered no damages(there will be more explanation below) atid as such, no controversy exists. In

order to claim damages, a plaintilTmust have suffered "an injurv in lad."

17. Plaintiff does not claim damages according to the instant complaint, and therefore it wants my house

for FREE without justiciable claim or conlrover.sy.

18. The only real parly in interest in this matter with "injury in fact" is I as one people, who bailed out

banking industry in 2008 to the tune of 280 billion dollars tor its corruption.

19. Therefore, complaint must be dismi.ssed with prejudice.

AS AND FOR A THIRD AFF1RMA4IVE DI-FENSE - Illcaal action. Violation of NY State Penal Code.

.ludiciarv Law $487


20. 1 incorponilc by reference herein all relcvani fads slated aboN C.

21. Law prohibits plaintiff to enforce the law by violating another law.

22. All Plaintiffs' attorneys violated and continue violate ethics, disciplinary rules and judiciary Law

§487. which is a crime,and therefore prior and this actions are illegal.

2.'>. 1 am harassed and compelled by plainiiirs attorney into expenses, laboring and defending my rights

without knowing what I did wrong. Who or what "U.S. B.'\NK N.ATIOKAL .ASSOCIATION..AS

jRUSTEL FOR BANC OF AMERICA FUNOING CORPORATION MORTGAGE PASS-THROUGH

CERTIFICA FES. SERIES 2006F" is as named plaintiff on the caption of this complaint? This plaintilTs

name is gibberi.sh called "DOG-LA'l lN: The 1 .aiin of illiterate persons; Latin words put together on the
Enulish lirammaiical system"-- Black s Law Dictionary 4''' Edition {page 569). it is an old trick knovvm to
our Founding Fathers. From letter of Thomas Jefferson to John Adams:

"I had supposed them defunct with the .society of Jesuits, of which they were: and that
their works, although above ground, were, from their bulk and insignificance, as
effectually entombed on their shelves, as if in the graves of their authors. Fifty-two
volumes in I'olio. of the acta .sanctorum, in dog-Latin, would be a tbrmidable enterprise to
the mo.st laborious German."

24. Plaintiffs name is also a "GLO.SS.A VIPERINA EST QUIT: CORRODIT VlSCERATEX'fUS. 11

Coke. 34. It is a poisonous gloss which corrupts the essence of the text. - Black s Law Dictionary 4'''
Edition (page 820). It looks just like English, but grammatically is wrong, upper ca.se styled Dog-Latin -
foreign text.

25. The way I learned Engli.sh. is that after 'coma" goes another name on the caption ofthe form. Here is
how I see it:

26. First plaintiffs name is U.S. B.ANK NA TIONAL ASSOCTATIGN.The .second plaintiffs name is AS
TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH

CERTIFICATES. The third plaintilTs name is SliRIES 2006F..According to English grammar rule, there
are three plaintiffs on the caption of this action.

27. .'Vccordingls. plaintilTdoes not and cannot lawfully e.\ist as one {I) fiction of law such as corporation

or trust. Attorneys in prior and in this actions committed perjuiy by. inter alia, staling in prior and in

itistanl complaint under penally of perjuiy that plaintiff Is a "national association duly organized...", etc.

28. 1 asked prior plainiifi's aitomeys in prior action to identify plainiiffand they refused.

29. 1 asked prior plaintiffs attorneys who hired them and they refused to answer.

30. Current Plaintiffs attorney. Victoria IL Munian. Esq.. writes in the certitlcate of merit: "1.1 am an

attorney at law duly licensed to practice in the State of New York,and am affiliated with the law firm of

Woods Oviatt Oilman LLP. attorney for plaintiff U.S. Bank National Association, as Trustee for Banc of

.America Funding Corporation Mortgage Pas.s- rhrough Certificates. Series 2006-F in this action."

31. She further writes that"On April 6.2016 I consulted about the facts of this case with the following

representatives of plaintiff: Daniel V. Edward. Vice President of Loan Documentation."

32. On March 1.2017.1 called Plaintiffs attorney office and asked for information about Plaintiff No one

could find any infonnation such as mailing address of telephone number of Plaintiff in linn's computer

system.

33. Staffmcmber directed me to call Wells Fargo at 800-416-1472. No one at this number was able to help

me and worker there directed me to call Wells Fargo at 866-234-8271. No one at that number would

identify Plaintiff and give me any contact information.

34. Based on the foregoing, I aver that U.S. BANK NA1 lONAL ASSOCIATION, AS TRUSTEE FOR

BANC OF AMERICA FUNDING CORPORATION MOR TG.AGH PASS-THROUGH

CERTIFICATES. SERIES 2006F national association does not exist, and therefore demand its articles of

organization or formation together with information from the federal territory or state under which it

registered.
35. In addition. I conclude that some sIurIow entity together u iih attorneys conspired and knowingly

engaged in criminal fraud, harassment and plunder ofi-alsely .Accused's estate using the court as

confidence game or weapon ofcrime.

36. Who or what "MICHAEL KRICI 1EVSK^"■ is as named defendant on the caption and documents

(attached) of this action styled in uppercase DOG-l.ATlN? Irom Wikipedia. the free encyclopedia:

"Noi lo be confused with Pin Laiin

Dog Latin, also known as Cod Latin, macaronic Latin, mock Latin, or Canis
Latinicus,^'' refers to the creation of a phrase or jargon in imitation of Latin.'"' often by
"translating" English words (or those of other languages) into Latin
by conjugating or declining them as if they were Latin words. Unlike the similarly
named language game Pig Latin (a form of playful spoken code). Dog Latin is more of a
humorous device for invoking scholarly seriousness.
Sometimes "dog Latin" can mean a poor-quality attempt at writing genuine Latin.' ''"
37. Now. 1 want to start a counter-claims and third-party claims of abuse of process and malicious

prosecution against U.S. BANK NATIONAL ASSOCIATION. AS TRUS'fEE FOR BANC OF

AMERICA FUNDING CORPORATION MORTGAGE PAS.S-TMROUGl 1 CERTIFIC.ATES. SERIES

20()6F. but unable to fi nd a real, physical mailing address to .serve process. I am unable to fi nd a name of

man or woman who runs plaintiffas company - one more proof from Google search that plainlilTdoes not

exist.

38. Based on the ibregoing, presumption that plaintiff and its attorneys arc credible and trustworthy

destroyed. PlaintilThas to state and prove on the record all details oi'the prior transactions between alleged

plaintiff or its agents, predecessors or nominees and Falsely Accu.sed starting from application for an

alleged loan and consequent contract. If there was no loan to me - the w ill be no debt to enforce and

current action is robbery even though it happens in courtroom with presiding judge.

39. Therefore, complaint must be dismissed w ith prejudice.

AS AND FOR A FOURTH AFFIRMA TiVl-: DEFENSE - Lack of standiim and capacity to sue
40. 1 incoiporaic by reference herein all rele\ani fuels siaietl above.

Pluintiff and its attorneys engaged in the deception of who is really foreclosing on ray home

41. I do not know whom or what alleged plainiiff is. and therefore ai loss and harassed to answer as to all

available or applicable aflirmaiive defenses and am frivolously eompelled to guess,or waive my rigius. or

become frivols litigant by alleging everything under the sun. As 1 analyze prior actions ofalleged plaintiff

and its attorneys. 1 conclude that plaintitTis not a real party in interest or had standing to initiate prior

foreclosure, which plaintiff voluntarily diseonlinued in 2016.

42. Accordingly. PlainlitTbears the burden o!'establishing standing. 1 o establish standing,a plaintiiTmusl

have suffered "an injury in tact" - a violation of a legally protected right or interest which is a)concrete

and particularized, and b) actual or imminent, not conjectural or hypothetical.

The rubber stamps that plaintiff used on attached notes are fake and without dates

43. Plaintiff, upon information and belief deri\ ed from prior and this actions" e.xhibits and filings

(Exhibits B and C,shown only last pages with stamps and signatures), has no standing. As explained

below, plaintiff cannot prove that it owns the oriii'inal note and mortgage, or has been delegated the

authority to institute a mortgage foreclosure action by the owner and holder of the original subject

mortgage and note a! the time it initiated prior and this actions. 1 notice the court that Plaintiffs attorney

never pleaded the term 'holder in due course." which makes the action suspicious for fraud. In case of

fraud, plaintiff cannot suffer any damages or claim any right.

44. As can be seen from the.sc exhibits of plaintiffs own documentary evidence(Exhibits B and C). they

are different and therefore inconsistent as there cannot be two original notes for one loan.

45. For example, former exhibit does not have ivvo stamps("U.S. Bank National Association tis Trustee"

the rest is not legible) that the later has. in addition, on the latter"LOAN NO.:" and "MIN NO." both

redacted for unknown and unexplained reasons, inferring tliat plaintiff has something to hide. This makes
iliese notes inconsistent as failed forgeries. 1 afso infer that there are two different loan numbers and MIN

numbers, which is the reason for reduction or black out of these numbers on ivvhibit C. fo prove perjurv',

one has to show the court that atFiant made two inconsistent statements of material fact under oath without

proving which statement is actually false. In this instance the inconsistent statements also accompanied by

different notes. Accordingly. 1 do not have to show the court which exhibit of the note is false or which

note fake and is forgery. I presume therefore that they are both forgeries because they both came from the

same source - upon information and beliel". from self-proclaimed mortgage serviccr Wells largo Bank or

its subsidiaries. Wells Fargo is notorious for fabricating foreclosure documents and lately was caught

fabricating bank accounts using stolen from its customers identity and electronic signatures using its

patent. Exhibit D. Accordingly, both alleged original notes most likely are void as forgeries by electronic

signatures.

46. 1 also notice similarities in these notes - they both lack signatures of corporate oll'icers next to mine

and lack dates ofendorsements. They fail to show a chain of title, fhese stamps fail to show which entity

endorses the note to which and when - a necessary element to show that plaintiff owned the note before

starting the action. The stamp on top right corner of both notes purportedly shows that Steven Rimmcr.Sr.

Vice President of Fairmont Funding Ltd endorsed this note to Wells l argo Bank without rccour.se. It is not

clear which Wells Fargo Bank, as there are at least a few corporations with similar names such as "Wells

Fargo Bank. N..A." Regardless, stamp without a dale is open to guesswork and attack, and therefore

nullity.

47. In addition, my purported signature is not noiari/ed and without a dale as well, which would allow

signature page be multiplied and attached to any other piece of paper..As such, anybody can conveniently

fabricate foreclosure documents including pcrjurious alTidaviis with impunity, which is the intention of

such design of fabrication. The bottom line - signature on a contract document without a date is nullity.
48. Laslh. these notes do not sltow how lianc of America or plaintitTconnecied to Wells Fargo Bank and

when "connection" occurred - a necessary element to have standing to file complaint.

49. Based on the foregoing, plaintiff cannot pro\e that 1 signed any one of these notes that plaintiff claims

to own. which I believe it cannot due to the abo\ e obvious inconsistencies and evidentiary gaps. My

presumed by them original signature could be easily obtained from any scanned with my signature

document and electronically stored in database for years. Then, this signature could be mechanically

placed on any created by bank note using sold by banks de\aces that mechanically mass place signatures

on payroll checks, etc.'fhis is what 1 belie\ e VVells Fargo is doing to mass fabricate mortgage documents

using their notorious mortgage foreclosure manuals and patents.

50. Alternatively, is there more fraud inferred against my name by implying that I had two loans from the

lender or from two lenders, hence two original notes and two foreclosure actions on one property?

51. Did lender(s) buy two PMl policies witli these two notes and therefore claimed insurance policies?

52. Did plaintiff or someone associated with it steal my identity?

53. How many "rabbit hole.s" are there? Plaintiff says nothing about the way it obtained the ownership of

the note or any right to foreclose. Plaintiff makes unsubstantiated claims of ownership without pleading

about chain of title. In allegations olThc complaint, there is une.Kplained gap between the alleged

assignments and plaintiff. 1 herefore. plaintiff fails to prove that it has standing to sue because it was not

the legal owner of the original note and/or mortgage with my aullwrizeJ signature, or has been delegated

the authority to institute a mortgage foreclosure action by the lawful owner and holder of the subject

mortgage and note at the time it commenced this foreclosure lawsuit.

54. Altematively. unidentified Plaintiff-- as shadow entity was/is trading fake, forged notes and

mortgages with other corporate entities using soid, fraudulent assignments as instruments of confidence

game to bamboozle the court in order to foreclose on my properly.


55. Assignmcnl of mortgage in 2009 and correclivc assignmcnl of2()13 arc both void for fraud as

Fairmoni I-unding Lid went out ofbusincss in 2007. li was not. to my knowledge,succeeded by any entity.

Plaintiff, loo, does not state thai Fainnoni Funding Ltd had any successors..Accordingly, MERS could not

be a nominee ol" non-existing entity and iherelbre did not have auihoriiy to assign anything at that time,

56. Plaintiffs attorney knew or should have known that thc.se notes, mortgages and assignments fake- yet

knowingly ceriilled as original and filed them in the court's record. IMaintilTs attorney expects that this

court assist their criminal conduct to plunder my estate. As such. Falsely Accused demands discover}- and

forensic investigation of criminals involved.

57. Moreover,* I of this Complaint is the suspect to me for another reason slated below. In prior

litigation, altomcy for Plainti IT Frcnkel, Lambert, Weiss, Weisman & Gordon, LLP, refused to disclose

and identify the true name and nature of the Plaintiff with similar name "US BANK NATIONAL

ASSOCIATION, AS TRUSTEE,FOR MOR TGAGE PASS-THROUGH CERTIFICATES, SERIES

2006-F,3476 Stateview Boulevard. Fort Mill. SC 29715" and asked the court s permission to ehange

caption to NATIONAL ASSOCIA TION, AS TRUSTEE FOR BANC OF AMERICA FUNDING

CORPORATION MORTGAGE PASS- THROUGH CER'TIFIC.ATES. SERIES 2006F. This time they

removed the address and added Banc t)f.America without explaining the reason why. I opposed stating

that attorneys are trying to switch two different entities and manipulate names on the note. I also raised the

defense of fraud. Instead of deciding this issue on the merit, they filed motion to discontinue prior action.

I believe they did it in order to make my cros.s-molion to dismiss moot, which they specifically stated to

Hon. Bert Bunyan. Their motion to discontinue action therefore prevented me from trial by jury to dismiss

prior action with prejudice. Di.smissal with prejudice is resolution of controversy on the merits and I

presume Plaintiff tried to avoid such outcome. Plaintiff's attorney asked me not to oppo.se that motion and

implied to let them "save their face." I agreed without knowing that the) were deceiving me by planning to
change ihc judge, who was. in my opinion, imparlial by upholding the rule of law and due process.

58. rherclbre. complaint must be dismissed with prejudice.

AS AND FOR A FIFTH AFFIRMA TIVH DEFENSE - Statute of limitation and laches

59. 1 incorporate by reference herein all relevant lacts staled above.

60. Plaintiff with its attorneys were not credible and trustworthy a.s evidenced by prior and this actions,

which is why presumption that plaintiff and its attorney are credible and trustworthy must be erased. In

prior action, alleged Plaintiff abandoned foreclosure in 2010 due to New York Attorney General and US

Attorney investigations of major banks-servicers with their foreclosure mill attonieys. and consequent

settlements of fraudulent foreclosures by the banks and attorneys. Now. Plaintiff instituted this action

more than 6 years after the alleged cau.se ofaction in t he instant Complaint accrued,tmd thcreibre is barred

by the Statute of Limitations.

61. PlaintilThad ample time to complete prior action. Accordingly, this action is time-barred due to

defendants' common-law laches.

62. In addition. Per NY Civil Practice Law and Rules § 213(4). PlaintilTmay not sue on all or part of the

alleged mortgage debt because Plaintiff commenced this action tnore than six years after the alleged debt

became due. Therefore, this action is barred by the Statute of 1 Jmilations.

63. Plaintiff contradicts itself. According to Plainiiffsown AFFIDAVIT OF MERIT AND AMOUNTS

DUE AND OWING from prior action, default and notice ofacceleration stalled on May 1. 2009. In this

notice(Exhibit E), it says that Falsely Accused is in default and if it will not be cured by August 11.2009.

Wells Fargo Home Mortgage will accelerate the note and mortgage, fhereafter. on or about September

October of 2009. Steven J. Baum. P.C. initiated foreclo.sure. Per my calculations,6 years expired on

March 31, 2015.

64. Therefore, according to plaintiffs own documentaiy evidence, the entire foreclosure action is
limc-baiTcd by ihe slalulc oflimilalions because PlaintilTconinienced this aclion more lhan six years after

il accelerated the mortgage debt. Faiseh Accused requests thai the mortgage be cancelled and discharged

pursuant to NY Real Properly Actions and Proceedings Law § 1501(4).

65. Therefore, complaint must be di.smisscd with prejudice.

AS AND FOR A SIXTH AFFIRMATIVL DI-l-LNSE - Judicial Lstonnei

66. 1 incorporate by reference herein all relexant facts staled abo\ e.

67. Plaintiff, in prior and in this actions, made inconsi.stent statements of fact and produced 2 different

\ersions of the so-called original mortgage aiui note in connection with the ownership and right to enforce

the note and mortgage. Now. Plaintiff must be estopped from offering into evidence .second version of

"originar* note, mortgage and assignment.

68. In addition, in prior action, plaintiff produced a notice of delault and acceleration with atfidavit ol

merit(Exhibit E)that showed the date of default May 1. 2009. In that alTidavii of merit, employee of

Wells Fargo stated:

"8. Based on the default. PlaintilVeleclcd to call due the etuire unpaid principal balance
together with intcrc.st and disbursements, including reasonable attorney fees and costs,
allowable under the terms olThe Promissory Note and Mortgage."

69. In this aclion, PlaintiiT vaguely alleges that notice of default was sent on December 22,2015. It is

obvious that plaintiff is trying to weasel out of blown six years statute of limitation (run on March 31,
2015)olThis action when plaintiff voluniaril\ di.scontinucd prior aclion without explanation.

70. .Accordingly, plaintiff must be estopped from changing its statements under penalty of perjury.
71. Therefore, complaint must be dismissed with prejudice.

AS AND FOR .A SEVENTH AFFIRM ATI VI- DEFENSE - No Notice of Defoult bv Note Holder and

Lender

72. 1 incorporate by reference herein all relevant tacts slated above.


73. PlaintitT failed to comply w ith the requirements for the notice of default in alleged mortgage loan
agrcemenl. a condition precedent to this foreclosure action.

74. /Xccording to paragraph 7(C)ofthe alleged loan agreement(Note)attached to this complaint,the Note

I lolder sends out notice of default.

75. Even if. which is not admitted and .stated onl\ for the sake ofargument. Plaintiff is real party in interest

with right to foreclose as lender/creditor and 1 owe PlaintilT money. I never received notice ofdefault from

U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE POR BANC OF AN4ERICA FUNDING

CORPORA TION MORTGAGE P.ASS-THROUGH CER'TIFIC.ATES. SERIES 2006F. As.such. Plaintiff

failed to comply with condition precedent in the alleged contract agreement.

76. In addition, according to*' 22 of the mortgage. Lender sends out Notice oi Deiault. As ol today, I still

did not get such notice from Lender.

77. Therefore, complaint must be dismissed with prejudice.

AS.AND FOR AN EIGHTH .AFFIRMATIVE 1)E1'F:NSE - Accord and Satisfaction bv Sccuritization and

assumption of risk

78. 1 incorporate by reference herein all relevant facts stated above.

79. Plaintiff is speaking hypothetically using the words in prior complaint and in this complaint such as

"trustee." "pass-though." and "certificates 2006-l\" By doing so. Plaintiffs aiionteys implied or created

presumption that the loan in question w as securitizcd. i.e. packaged with other loans as commodities and
.sold on Wall Street en mass. Sccuritization is a process by which loans arc packaged for sale to investors

on Wall Street in much the same manner as stocks so that w hen investor buys shares of stock they stored

electronically with a broker without particular "ID Number" to identify ciny particular .share and. most of

the time, without physical delivery of shares.

80. Based on the foregoing. 1 allege that there could be no Debt. Loan(s), and^'or Promi.ssor\' Notc(s)or

Mortgagees) relative to. hypothecated, or that which traces to subject property, nor is there in e.xistcnce
any individual t.)r entity who could wUhout ubsurdUy make non-frivolous claim to be a "Note Holder" of

any such Debt. Loan(s), and or Promissory Note(s) or Mortgage(s). As such, no Named or Un-known

individual or entity could identify, within commodity, and present wifhout absunUiy non-frivolous claim

adverse or otherwise as to any Rights. Title or Interests in my property. Once again, without verification of

particular parties to this action. 1 present proposition that concerns securitization. which itself naturally

creates inability to identify the holder of a loan or note as a matter of law and fact. As a result of the

implied securitization separating a note as commodity and mortgage,"any and all Rights. Title, and or

Interests to my property." allegedly held by any of the Named or Un-known parlies had been canceled,

e.vtinguished, relinquished, discharged, and/or detached, including a right to foreclose as to any and all

alleged notes and mortgages referenced herein. In addition. I allege that because of the implied

securitization and assignment to securities trust, the subject'Secured Mortgage'then became 'Null & Void'

by Operation of Law.

81. Alternatively. 1 further allege that the implied .securitization process has resulted in a full satisfaction

of the mortgage, and plaintiffs alleged interests legally have been canceled, extinguished, terminated,

and/or discharged,

82. This further explains Plaintiffs inability to claim and/or .show any damages in its complaint as

plaintiff profited from securitization. baiU)Uts and/or from defrauding investors beyond imagination.

83. Alternatively, the alleged debt has become unsecured by Operation of Law due to separation of

securitized Note and Mortgage,'fhereforc. none of the parlies claiming any rights under mortgage has

enforcement rights against my home as there is no individual or entity that can legally authorize

foreclosure.

84. Additionally and alternatively, presumed securitization was illegal or unlawful, or was fraudulently

performed to defraud investors, which resulted in huge losses to investors such as pension funds. There
was in Tad a Non-Compliance with the terms and provisions of Til.A, RLvSlT\. RlvMIC and "Servicing

and Pooling".Agreement. Therefore, alleged!) "any and all Rights. Title and Interests" in my property, for

and on behalf of all Named and Un-known parties have legally been canceled, extinguished, terminated,

and/or discharged as punishment for non-compliance by Operation of Law.

85. Further and .Alternatively. PlainiilTor any Named and Un-known parties through implied

securitizaiion converted secured by mortgage debt into high risk unsecured derivative instruments, cdos.

hedges, etc. and gambled with them on Wail Street.

86. Accordingly, any possible damages implied to have been sustained by the Plaintiff, if indeed

sustained, were sustained while the Plaintiff was intentionally planning to get involved in an activity

undisclosed ami concealed from me beibre an alleged contract agreement with me was made.

H7. Plaintiffor its agent concealed from me that it intends to induce me to enter into such activity using my

identity, si^natitres, notes and assij^nments with full know ledge of the potential hazard thereof. The

inherent risk incident to such activity and any damages flow ing therefrom were expected and assumed

upon entering into and continuing such activity of securitization and gambling with derivatives - withoitt

my knowledge and consent.

88. PlainiitTs attorneys are well aware of these rules and regulations of securitization. yet committed

attorney's misconduct and outright fraud by starting this action and attempting to plunder my estate.

89. Therefore, complaint must be dismissed w ith prejudice.

AS AND FOR A NINTH AFFlR.MA'riVE PI-FBNSE - fraud/constructive fraud/forcerv/periurv

90. I incorporate by reference herein all relevant facts stated above.

91. Even if. w hich is not admitted and stated only for the sake of argument in defcn.se. there is

presumption that 1 signed the subject note - this note is not an evidence of the loan since note can be

fabricated as 1 explained above and below. Because it is impossible for me to prove a negative by
documcnlary evidence ~ the burden ol'proof thai I received a loan is on plaintiff lo step forward with

admissible documentary evidence of the loan, including HUD-1 statement.

92. IHirported assignment of mortgage from MHRS to plaintilTis perjury or forgery, or both. Upon my

personal investigation and belief. Faimionl Finding Ltd, if it purportedly was in pos.sc.ssion of my Note

and Mortgage in 2005. due to implied .securitization. should have sold its rights to Note and Mortgage to

other parlies in the ehain of purported .securitization in 2005-2006 through MERS. Consequently, MERS

knew in 2009 tiiat Fairmont did not have an\ rights to these alleged Note and Mortgage, hence no

authorit) to assign any mortgage by MEI'IS.

93. in 2007. upon my investigation. Fairmont Finding Ltd was sued for fraud by UBS Securities, became

insolvent, banker license was lemiinaied by the .state and Faimiont clo.sed its business in 2007. Elpiniki M.

Bechakas(Bechakas). who purportedly signed this assignment of mortgage to plaintiff, was not Assistant

Secretary and Vice President of MERS as a.ssignment deceitfully slates. In fact, she was New York

attorney working for Steven J. Baum. P.C. - Ibreclosurc mill, which was disbanded in 2010-201 Iduc to

fraud and fabrication of documents Ibr foreclosure cases. Bechakas permitted numerous Robo-signers

from this firm to fabricate a.ssignments of mortgage and sign them using her name, which is why the whole

firm was disbanded after was caught.

94. Attached to this complaint assignment of mortgage allegedly signed by Bechakas is a logical

impossibility. She purportedly signed it on .August 25.2009. Little did she know that MERS did not have

authority to assign mortgage from corporation that ceased to exist in 2007. As such. I infer that this

assignment of mortgage is fabrication, and therefore null and void.

95. Because said assignment of mortgage was void ab iniiio, no subsequent, corrective assignment can

cure tlie defect, and therefore corrective a.ssignment is void as well.

96. .Attorney certification of"original note" i.s iraud upon the eourt by ol'ficer ofthe court as shown above.
97. In addition, certification is fraud due to egregious conflict ofintercst in violation ofadvocate-witness'

rule and due to self serving statement by the agent of the plaintiff-corporation ~ inadmissible per hearsay

rule.

98. Therefore, complaint must be dismissed with prejudice.

AS AND FOR A TENTH AFFIRMATIVE DEfENSE - Statute of frauds

99. 1 incorporate by reference herein all relevant facts stated above.

100. The statute of frauds bars plaintiffs elaims. PlaintilTcaries burden of proving that lawful, written

contract exists. The alleged note and mortgage attached to the complaint does not have notary signature

and seal after my alleged signature, and as such contains no witnesses or witnessing that 1 signed said

in.struments attached to the complaint. Any student familiar with a solUvare program such as PHOTO

SHOP can electronically create any note or mortgage using my scanned signature obtained somewhere

else.

101. Interestingly, there is no signature to the contract from representative of Fairmont Finding Ltd.

102. Who allegedly sat down with me at the table on the day of closing?

103. Where is the signature olThe otTicer of 1 airmont Finding Ltd next to mine?

104. It is not there because I would easily prove pcrjuiy by deposing that man or woman.

105. The same question goes to purported assignments of mortgage. Where are two signatures of

corporate officers during event ofassignment?

106. As I explained above, this practice of forgery by Wells Fargo bank and others is well known and

documented. It was used on others and on me before and failed.

107. Therefore, complaint must be dismissed with prejudice.

AS AND FOR AN ELEVENTH AFFIRMAIIVE DEFENSE - Accord and satisfaction from insurance

company and/or other third party


108. Due to implied securilizaiion of the allceed loan and note, Plaiiuilf. U.S. BANK N.'\TION.AL

ASSOCIATION. AS IRUS'I HI- FOR BANC Oi- AMFRICA FUNDING,C0RP0RAT10N

MOR TGAGF- PASS-THROUGH CFRTllTCATFS. SERIES 2006i\ was paid or reimbursed from

Personal Mortgage Insurance(PMI)insurance policy by undisclosed third party or parties in whole or in

substantial part for the alleged default.

109. Alternatively. Plaintiff was reimbursed by credit default.swaps or other derivative insurance product.

110. To verify these statements, several questions must be answered. Is US BANK a trust? if it is, then

there is no Plaintiff here. Who is beneficiary? Who is creditor? Who is lender? Who is investor? Who is

holder in due eourse? Who is US BANK - securitized trust, custodian or beneficiary? As such. Falsely

Accused demands discovery.

111. In addition. Plaintiff was reimbursed by bailouts of banks by Federal (iovernment with my

ta.xpayer*s money, and therefore did not suffer any loss from the alleged default..Accordingly. Falsely

Accused does not owe Plaintiff any money.

112. Therefore, complaint must be dismissed with prejudice.

AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE - Invasion of privacy

113. I incorporate by reference herein all relevant lacls stated above.

114. Plaintiff, its agents, predecessors and/or assignees used my name, documents, signatures, property

and personal information for profit in commerce,such as securitization and investment purposes without

my knowledge and consent.

115. They failed to disclose their true intent, which made transaction with me unlawful and void.

116. Therefore, complaint must be dismissed with prejudice.

AS AND FOR A rHlRTEENTH AFFIRMATIVE DEFENSE - Failure to mitiuate damaues

117. 1 incorporate by reference herein all relevant facts .stated above.


I IK. irPlaintilTis the real parly in interest and I owe any mone\. it has Tailed to use available means to

mitigate damages. As I can judge by analy/.ing complaint, plaintiff Tailed to mitigate damages.

1 19. Plaintiff had a duty to apply for its remedies from IRS by writing off an alleged default and/or by

taking income tax deduction of all or substantial part of the alleged loss, and therefore I do not owe

plaintiff any money or as much as it alleges in the complaint.

120. As such, an accounting was necessary to proof their claim, which they did not produce.

121. fherefore. complaint must be dismissed with prejudice.

AS AND FOR A FOURTEEN 1 11 AFFIRMATIVE DEFENSI- - Waver

122. I incorporate by reference herein ail rcle\ ant facts stated above.

123. That if the Plaintiff had any lawTul claim against my property and/or me,or sustained any damages as

implied, PlaintilTs own waver waived such claim for damages when it lllcd motion for voluntary

dismissal of prior action.

124. Therefore, complaint must be dismi.ssed with prejudice.

AS AND FOR A FIFTEENTH AFFIRMA I IVE PBFENSl- - Unclean hands

125. I incorporate by reference herein all relevant facts stated above.

126. Plaintiff has unclean hands. In prior actions and in this one. Plaintiff and its agents con.spired with

each other to act in bad faith. PlaintilTmade numerous false and inconsistent, misleading statements of

material tacts and documents. wT.ich its attornev s and agents entered in court record.

127. Plaintiff and its agents harassed me by litigation from 2009 until present, and at the end of prior

action voluntarily dismissed it.

128. PlaintilTs agents threatened and harassed me and other occupants of the property by breaking the

gate lock and attempting to break into my apartment, which resulted in 91 1 calls to police.
129. Know ing that the property is occupied, plaintiffs agents, numerous times, posted signs on the gate
lhai agcni examined properly and deierniined iluit it is not oeeui)ied.

130. .-\genl leli only some abbreviated ID on ihe sign, which would not allow me to trace who it was

personally.

131. On another occasion, piainliir.s agents ticsj^asscd on my property and started what it appeared to me

doing "property survey" without my permi.s.sion. They refused to identify who they were, which resulted

in the call to police. Immediately thereafter, they left.

132. In addition, in tliis action Plaintiffs attorney committed attorney's misconduct by making false,

misleading the court statements, thereby harassing me as well.

133. Therefore, complaint must be dismissed with prejudice.

AS AND PGR A I'lRST COUNTERCl.AIM • iVlalieious pro.seeution

134. 1 incorporate by reference herein all relev ant facts stated above.

135. Plaintiff was and continues maliciously prosecuting FaLsely Accused since 2009. The first

foreclosure action against me ended in m> favor in 2016, Plaintiff slandered the title to my property while

I was doing construction on it. thereby destroy ing my credit, ability to finance it and sell. This caused me

hardship and rendered me unable to continue development of the property that I .started in 2009. This, in

turn, resulted in lost profits until today.

136. In 2016. finst foreclosure action ended in my favor by plaintiffs attorney motion to discontinue,

which was unopposed by me and granted.

137. As the direct and proximate result of the above. I was damaged,continued to be damaged and will be

damaged in the future.

138. It is impossible to determine the exact amount of damages because prosecution continues into its

second stage- new,false and fraudulent aeti^m. which plaintiff started again in 2016. However, my rough

estimate of damages would be at least $2.0()().000.


139. PiciintiiTaiid it.s agents acted in concen. vsanlonly and intentionally with malice imd hatassnient.

rheretbre. 1 demand judginent awarding damages. puniti\e and treble damages in the amount to be

determined at trial.

TRIAL BY .lURY DEiMANDED

140. Falsely Accused demands trial by jury on ail i.ssues so trial able at law.

WTIEREl'ORl:-. the I'alsely Accused demandsjudgment dismissing the complaint, granting counterclaim,

granting the costs and disbursements of this action and Tor such other and further relief as to this Court

may seem just and proper.

INDIVIDUAL VERIFIC ATION


STATE OF NEW YORK)
)ss.:
COUNTY OF KINGS )

Michael Krichev.sky. sui juri.s. being duly .sworn to God. deposes and says:
That 1 am the Falsely Accused in the within action.
I have drafted the foregoing Answer with Counter-claim and know the contents thereofand the same is
true to the best of my knowledge,except as to those mailers herein stated to be alleged upon information,
belief, and that as to those matters. 1 believe them to be true.

UU
Jndcr duress, Michael Krichevsky. sui juris
4221 Atlantic Ave
Brooklyn. New York 11224
(718)687-2300
Sworn to before me this
8"'of March 2017
ALEXTE
Nstaiy Pubfic - State d New Yo(k
KO.01TE6243864
Qualified in Queens CounW t ^
jfemmission Expires June 27,20/ 7
NOTAR^UBLIC

Woods Oviatt Oilman LLP


700 Crossroads Building
2 Stale Street
Rochester. NY 14614
EXHIBIT D
At an IAS Part 69 oi the Supreme Court ofthe State ofNew York,
held i'lX and for the Coy my of Kings, at the Courthouse,360 Adams
Street. Brooklyn. New York, on the 27 day of July. 2017

SUPREME COURT OF THE STATE OF NliW YORK


COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORA flON MORTGAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F. NOTICE OF LIMITED
Plaintiff. APPEARANCE

-against-

MICHAEL KRICHEVSKY.el al.


Defendants.

COUNSELORS:"Our courts should not be collection agencies for crooks." — John


Waihec,Governor of Hawaii, 1986-1994. . ,
PLEASE TAKE NOTlCEithat thc alleged defendant. Michael Krichevskv. sui juris,
hereby makes CPLR 317 and CPLR 320 limited appearance under duress and to avoid latches', to
notify Judge Noah Dear,address and to create a court record olThe fraud upon the court by officers
ofthe court and to challenge for the third time the jurisdiction in this foreclosure action.
Michael Krichevsky did/do not waive any of his inalienable rights and his common law
rights to due process. Please take notice that .1 am currently working on my cross motion, which
will challenge, inter alia, process service.
1 hereby reject and return to this court summons(Exhibit A)purportedly issued and served
on me by this court as in.secret 12 Presumptions of Roman Court. It is my understanding, drawn
from plainiifFs attorney misconduct that this court switched or will switch from BAR ethics rules,
NY CPLR and Uniform Court Rules into modus operandi by 12 Presumptions of Roman Court. If
any of my contentions is in error, please,anybody cjorreci me in writing - otherwise I will presume
that we have Accord,^d Satisfaction ^r^ugh Estoppel By Action.
1 have notified the alleged Plaintiff and its three diflercnt attorney-firms in prior action's
afildavits(Index # 25477/2009)and this current answer with counterclaims that they commit fraud

upon the court and upon me.

I, Michael Krichevsky, am in receipt of MOTION FOR ORDER OF REFERENCE. This

motion is based on attached fabricated exhibits, including my forged signatures, fabricated facts

and perjurious attorney testimony by attorney Victoria E. Munian. Perjury happens when attorney

knows that what she wrote is false.

Victoria E. Munian states that I am in default for non-appearing. 1 notified her by my

Verified Answer with Counterclaims(Exhibit B)to plaintifTs Unverified and undated Complaint

(Exhibit C)that I was not properly served. Any reasonable attorney knows that I can challenge
Jurisdiction at any time-even on appeal and that she ignores this issue at her personal peril. Ifthey
serve me properly, I would reject and return this complaint to them For correction ofdate and
verification per CPLR 2101(0- 1 researched the law and learned that 1 cannot be compelled to
litigate if they do not serve me properly. As it stands right now. there is a void in the law as to my
proper actions at that point, unless. I figured, they proceeded under 12 Presumptions of Roman
Court and 1 presumed guilty anyway. At this point. 1 decided to attend under doctrine oflaches and
under duress to record attorney's bad faith attitude. Victoria E. Munian rejected my Answer and
Counterclaims even though her imaginary, non-existing client is not prejudiced by her alleged
default of my non-appearance. Who is prejudiced is her real, undisclosed interloper as 1 am

exposing their fraud.

After 1 learned about this fraudulent lawsuit. 1 was really surprised,confused and
prejudiced since prior law firm representing this nonexistent PlainlilT filed a motion for voluntary
discontinuance of2009 action and assured me that they will leave me alone. Since this new

harassment action, 1 started working day and night on discovery and search for remedy by doing

my due diligence. 1 located an alleged injured party - Banc of America Funding Corp-Mtg P/T
Cert Ser 2006-F Upper,James Brown Vice President, Securities Administration Services, C/0

Wells Fargo Bank. N.A., Old Annapolis Road. Columbia. MD 21045. Again. 1 found no trace of
us BANK AS TRUSTEE. I will continue my investigation.

1. Michael Krichevsky, demand for the third lime Traverse Hearing and Trial by Jur>' concerning
this false and misleading motion. 1 demand that after I submit my evidence to Judge Dear, that he
refers this matter for criminal investigation by Police or Brooklyn District Attorney. The issues of
investigation is PlaintifTs Attorncy(s)and Process Servers* joint, systemic acts of perjury against
the Public and undersigned with filing ol'knowingly False Statements in the Court Record with
intent that Judge Dear and others will use them to plunder peoples and Michael Krichevsky's
estates.

Attached to this notice is Memorandum of Law and Understanding memorializing and

recording the issues of fraud upon the court.

Dated: Brooklyn. New York


Julv 27 2017

Under Duress, Michael Kri&hevSfe^. Sui Juris


4221 Atlantic Ave
Brooklyn. New York 11224
(718)687-2.^00
SUPREME COURT OF THE S TATE OT NEW YORK
COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MOR'I GAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F. MEMORANDUM OF
Plaintiff. LAW AND
UNDERSTANDING
-against-

MICHAEL KRICHEVSKY.el al,


Defendanhs.

BRIEF STATEMENT OF FACTS

1. Plaintiffstarted foreclosure on or about October-November 2009 by filing notice of

pendency,summons,complaint and affidavits ofservice with this court.

2. I was never served with the default letter, summons and complaint, but learned about

lawsuit by accident from my attorney. Daniel Singer, who was handling my other, unrelated case.

I appeared on December 23,2009. by motion(CPLR 320 and 3012(d))to extend time,contacted


Plaintiffs attorney Steven J. Baum. P.C. and requested extension oftime to reply by stipulation.

Attorney on the phone agreed, but under condition, that I waive jurisdiciional defenses, which I

refused. Plaintiffs attorney frivolously opposed my motion to extend time by the affirmation,

asking to dismiss my motion with prejudice.

3. That affirmation was false for the reason explained below. Nonetheless, it acknowledged

my appearance, awareness ofand reservation ofjurisdiciional defenses, one of which is standing.

4. On the hearing date. Plaintiffs attorney and I appeared. By that time, I prepared the motion

to dismiss, but did not have a chance to file it with the court and brought original with me to show

the court that I wasted no time and ready to file it. I handed a copy of this motion to Plaintiffs

attorney and told him that I intend to file it alter the hearing. During the oral arguments and in the
motion to dismiss. I averred;

"The Court lacks personal jurisdiction over the Defendant due to PlaintifTs failure
to serve process in accordance with Section 308 of the Civil Practice Law and
Rules. Plaintiff did not send debt validation letter, did not comply with
requirements of Paragraph 1303 of RPAPL. Plaintiffs affidavits ofservice
constitute SEWER SERVICE (the term coined by New York Judiciary reflecting
fraud). The address of89 Fairvicw Avenue, New York. New York is not
single-family house without an apartment number as it mislcadingly appears from
affidavit ofservice (Exhibit E). but Manhattan apartment building where
Defendant(a)did not reside as claimed by process server Robert Winckelmann;
and(b)there is no John Krichcvsky in Defendants family either. This proves the
process server did not go to this location and made up the facts in this affidavit. If
copy ofthe complaint really mailed at this address - it would be undeliverable or
dumped on the floor of the hall. The second Affidavit ofservice by Jeffry
Conocchioli(Exhibit F)fails to state that at the time of service at the address of
4221 Atlantic Ave,there was renovation going on(he must have seen it). There was
no actual defendant* dwelling where he lived with the door where pleadings could
be attached. That, again, proves that process server did not go to that location."

5. Unclean hands doctrine prohibits unethical conduct by plaintiff. A "genuine inquiry into the

defendant's whereabouts" must be made prior to resorting to "nail and mail" service.See McSorley v.Spear,

50 A.D.3d 652(2d Dep't 2008). I also voiced my confusion as to the identity of the Plaintiff in regard to

standing. Hon. Bert Bunyan explained to mc that my mortgage is in trust pool and immediately ordered

parties to appear for mandatory settlement. The confusion also existed as to who the Plaintiffis since I, as a

man, never signed a contract with the Plaintiff as legal fiction (dissimilar things do not interact orjoin).

There was no live man or woman,or affidavit from witness who attended my closing. Additionally, I

requested disclosure from Plaintiffs attorney to verify PlaintifTs standing to sue. In fact, I had/have a claim

against people who were present on my closing. Then. I heard the news that this firm is under investigation
for fraud, robo-signing and fabricated documents. I found out that Steven J Baum and Steven J Baum,P.C.
were investigated by both US Attorney's office and New York State Attorney GeneraTs office for fraud
upon the court and homeowners as foreclosure mill and documents fraud factory.
6. There was no action at that time. Then 1 heard the news that this firm was disbanded and

her owner is sued by private parties for fraud.

7. In 2011. Wells Fargo Bank sent me yet another mortgage modification offer in complete

ignorance oftwo priors. By that time. 1 was better educated on the subject of mortgage and

foreclosure fraud and sent in reply in the form of Qualif>'ing Written Request(QWR)by certified

mail. In reply. 1 didn't get an affidavit of merit in response to my QWR from Anisha N.Sims, Vice

President Loan Documentation of Wells Fargo Bank,N A., or from any other 'Vice President

Loan Documentation' for that matter, similar to attached to PlaintilTs motion for order of

reference. Now. 1 really wonder whether in 2011 Wells Fargo Bank had any 'data specialists'-

Vice Presidents or Presidents,or Assistant Secretaries able to prepare and sign aflldavit of merit or

reply to my QWR.which I did not receive.

This is why purported original PlainiitT(US BANK AS TRUSTEE)represented by Steven J


Baum. P.C settled wrongdoing with US Attorney, Attorney General and abandon foreclosure
against me as a class member.

In 2015,upon the court's and my court room examination ofthe purported note produced by Wells
Fargo bank, alleged owner and/or custodian, we learned that original owner sold its purported
claim and note "without recourse" to, in my belief, undisclosed debt buyer for pennies on the

dollar."Without recourse" indicates to the court and debt buyer that no claim can later be made

against the original owner-seller(purported holder of the authenticated note and mortgage)as to
authenticity and/or legality of the claim and note, in addition, we discovered together with the
court, that note contained an area, which was "white out" thereby hiding other endorsement or

forgery, which would be a notice and reason as to why it was sold''Without recourse to the buyer.
As the saying goes,"buyers beware" and use at your own peril. This is what now is presented in

this court.

8. To make a long story short, due to all evidentiary problems that I pointed out in my

affidavits in support of my cross motion to dismiss complaint with prejudice,second attorney firm

FRENKEL LUMBERT WEISS WEISMAN & GORDON,LLP, filed motion for voluntary

discontinuance and told mc that 1 will be left alone.

QUESTION PRESENTED

It is my understanding that when a party moves to challenge Jurisdiction or vacate a default


judgment based on lack of personal jurisdiction due to never having been served the summons and
complaint, does a judge have discretion to disregard relevant law and facts when it imposes the
requirements of a hearing for reasonable excuse, meritorious defense, and/or statute of limitation
upon the party together with first step in addressing the jurisdictional defects and grounds for
dismissal of action or vacatur of default ?

SHORT ANSWER

No discretion and ajudge commitsjudicial misconduct by knowingly disregarding law and facts
when faced with a motion to challenge jurisdiction or vacate a defaultjudgment based on lack of
personal jurisdiction; when judge deliberately refuses to evaluate whether he has personal
jurisdiction over the party, and instead grants adversary's motion for default.
ARGUMENTS

JUDGE DEAR WOULD BE COMMITTING JUDICIAL MISCONDUCT IN


DELIBERATELY REFUSING TO APPLY ISSUES OF LAW AND FACTS REGARDING
THE PROPER STANDARD FOR JURISDICTIONAL CHALLENGE AND/OR
VACATING A DEFAULT JUDGMENT BASED ON LACK OF PERSONAL
JURISDICTION
As can be seen from my short history of prior litigation and current answer with counterclaims, I

have meritorious defenses. However, if I did not have meritorious defenses, this is what court eloquently

stated in Nonh Fork Bank v. PETER PORRl HOLBRO ASSOCIATES. LLC.201 1 NY Slip Op 50402:

'ifservice is not properly made,the court lacked jurisdiction to enter thejudgment,


the judgment must be vacated and the action dismissed even if the defendant does
not have a meritonous defense to the action. Commissioners ofthe State Ins. Fund
v. Khondoker, 55 AD3d 525(2nd Dept. 2008); Ananda Capital Partners, Inc. v.
Stay Electric Systems. Ltd.. 301 AD2d 430(1st Dept. 2003); European American
Bank & Trust Co. v. Scrota. 242 AD2d 363(2nd Dept. 1997); Brent-Grand v.
Megavolt. Cora, 97 AD2d 783(2nd Dept. 1983); and Mayers v. Cadman Towers,
Inc.. 89 AD2d 844(2nd Dept. 1982); and CPLR 5015(a)(4)."*

The copies of purportedly my mortgage and note attached as exhibits to motion for order of

reference are different from note 1 examined in court. The copies contain black spots, which 1 do

not recall seeing on the originals 1 purportedly signed. Whiteout. black spots-evidence tampering.

The Notice of Pendency. Foreclosure Complaint and affidavits attached thereto are

fictitious, false, and fraudulent legal documents filed in the Court and County Clerk's office under

penalty of perjury.

New York Federal and State Courts consistently held that a party that files a foreclosure

complaint in the courts without standing equates to fraud.

New York criminal statutes relating to false filings and perjuiy exist to protect citizens and

the judiciary from false filings, including §210.05:A person is guilty of perjury in the third degree

when he swears falsely;§ 210.35: A person is guilty of making an apparently sworn false statement

in the second degree when(a) he subscribes a written instrument knowing that it contains a

statement which is in fact false and which he does not believe to be true, and(b) he intends or

believes that such instrument will be uttered or delivered with a jurat affixed thereto, and(c)such

instrument is uttered or delivered with a jurat affixed thereto; and (c)§ 175.35 Offering a false
instrument for filing in the first degrce-A person is guilty orolTering a false instrument for filing in

the first degree when, knowing that a written instrument contains a false statement or false

information, and with intent to defraud the slate or any political subdivision, public authority he

offers or presents it to a public office, public servant, public ...with the knowledge or belief that it

will be filed with, registered or recorded in or otherwise become a part of the records ofsuch

public office, public servant, public authority and §175.30 A person is guilty ofoffering a false

instrument for filing in the second degree when,knowing that a written instrument contains a false

statement or false information, he offers or presents it to a public office or public servant with the

knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part
ofthe records ofsuch public office or public servant.

Judge must first decide the non-discretionary jurisdiction-based ground for dismissal or
vacatur under CPLR Rule 5015(a)(4). Judge Dear should schedule a trial by Jury, which will

evaluate the legitimate claim of lack of.service in this case, and determine the critical threshold
question of whether the court has personal jurisdiction over Michael Krichevsky, Service of
process is a constitutional requirement necessary for a court to have jurisdiction over a person.
Patrician Plastic Corp. v. Bernaclel Realty Corp.. 25 N.Y.2d 599.607. 307 N.Y.S.2d 868,875
(1970)("The short of it is that process serves to subject a person to jurisdiction in an action

pending in a particular court and to give notice ofthe proceedings."(citations omitted)). Moreover,

the Court of Appeals has held that the statutory requirements for personal service mandate strict
compliance. Dorfman v. Leidner.76 N.Y.2d 956,958.563 N.Y.S.2d 723.725(2000)("Service of
process is carefully prescribed by the Legislature. Regularity of process, certainty and reliability
for all litigants and for the courts are highly desirable objectives to avoid generating collateral
disputes. These objects are served by adherence to the statute..."). When a party is not properly

served,the court lacksjurisdiction over that party. See. Keane v. Kamin,94 7 NY2d 263,265,

701 N.Y.S.2d 698.699(1999)("Typically, a defendant who is otherwise subject to a court's

jurisdiction, may seek dismissal based on the claim that service was not properly effectuated.").

And "therefore all further proceedings ... [arc] absolute nullities." Mayers v. Cadman Towers. 89

A.D.2d 844,845.453 N.Y.S.2d 25,27(App. Div. 2d DepT 1982),

A motion or order to show cause taken pursuant to CPLR Rule 5015(a)(4). is brought

specifically upon the ground oflack ofjuri.sdiction to render thejudgment or order. Where vacalur
is based upon the court's lack of personal jurisdiction due to lack or improper service of process,
the movant need not show either a reasonable excuse for the default or a meritorious defense.

Prudence Y. ITng/j/, 94 A.D.3d 1073.943 N.Y.S.2d 185, 186(App. Div. 2d DepT 2012); Toyota
Motor Credit Corp. v. Lam,93 A.D.3d 713. 713-14.939 N.Y.S.2d 869.870(App. Div. 2d DepT

2012); Deutsche Bank Nat'i Trust Co. v. Pestano, 71A.D.3d 1074. 1075,899 N.Y.S.2d 269,271

(App. Div. 2d DepT 2010). This is becau.se it is''axiomatic" that "the failure to serve process in an

action leaves the court without personal jurisdiction over the defendant, and all subsequent

proceedings are thereby rendered null and void." Ho.s.sain v. Fab Cab Corp.,57 A.D.3d 484,485,
868 N.Y.S.2d 746(App. Div. 2d DepT 2008). See also Chase Manhattan Bank, N.A., i'. Carlson,
113 A.D.2d 734,493 N.Y.S.2d 339(App. Div. 2d DepT 1985)("Absent proper service of a

summons- a defaultjudgment is deemed a nullity and once it is shown that proper service was not

affected thejudgment must be unconditionally vacated."). My first Order to Show Cause was

based on lack ofany service.

CPLR Rule 5015(a)(4)says "[ijhe court which rendered ajudgment or order may relieve a
party from it upon the ground of lack ofjurisdiction to render the order.** The cases that have

interpreted this issue have conilmied that there is no time limit for making a motion to vacate upon

the ground oflack ofjurisdiction. See, e.}>.. First Eastern Bank. N.A. v. Lomar Contractors, Inc.,

237 A.D.2d 248.249,684 N.Y.S.2d 172. 173(App. Div, 2d Dep*t 1997)('*[Aj motion to vacate

based upon a lack ofjurisdiction may be made at any time."): Rosehoro i'. Roseboro. 131 A.D.2d

557.516 N.Y.S.2d 485.486(App. Div. 2d Dcp*t 1987)(''Absent proper service,a default

judgment is subject to vacatur at any lime.").

In addition, a litigant need not refer specifically to CPLR Rule 5015(a)(4)in his or her

papers when moving for vacatur based on lack of personaljurisdiction.See Unifund CCR Partners

V. Ahmed. 2009 N.Y. Misc. LEXIS 6404(Sup. Ct. Nassau Cty. December 16,2009)(recognizing

that although the prose defendant"fdidj not specifically invoke CPLR § 5015(a)(4)as grounds for
relief, his sworn statement to the elTccl that he never received the Summons and Complaint raises

the question of whether or not there was jurisdiction to render a defaultjudgment in the first

instance."). The reason for this is:

[L]ack ofjurisdiction is so deep a defect,and so obviously a basis for vacatur,that a


statute authorizing the vacatur on this ground is like the proverbial fifth wheel. For
the same reason, thejurisdictional defect permits the vacatur motion without a time
limit: thejudgment in this instance is theoretically void and the order sought under
CPLR 5015(a)(4)is not what makes it so; the order merely declares it to be so,
cancelling ofrecord ajudgment that has had the presumption to stand on the books
without ajurisdictional invitation.

Siegel. N.Y. Prac. § 430(5th ed.).

BECAUSE MICHAEL KRICHEVSKY REBUTTED PLAINTIFF'S AFFIDAVIT OF


SERVICE,JUDGE DEAR SHOULD SCHEDULE A TRAVERSE HEARING TO
DETERMINE WHETHER SERVICE OF PROCESS WAS PROPER

in addressing the issue of personal jurisdiction pursuant to CPLR Rule 5015(a)(4), a court
must first determine whether the plaintilT properly cfTected scn ice of process. Marahie v.

IVilliams. 278 A.D.2d at 459.718 N.Y.S.2d at 401 ("Whether or not service was properly

eflecluated is a threshold issue to be determined before consideration ofdiscretionary relief

pursuant to C.P.L.R. 5015(a)(1)."); Cipriano v. Hank, 197 A.D.2d 295.298.610 N.Y.S.2d 523»

520(App. Div. 1st Dep*t 1994)("Defendant's lack of a reasonable e.xcuse is obviated if the court

is without personal jurisdiction over defendant,and all subsequent proceedings would be rendered

null and void.")(citation omitted): AnaHo r. Barry, 149 A.D.2d 640,641, 540 N.Y.S.2d 460,461

(App. Div. 2d Dep't 1989)("fTjhe court erred in vacating the default as excusable pursuant to

C.P.L.R. 5015(a)(1) without initially resolving the jurisdictional issue under C.P.L.R.

5015(a)(4).")(citation omitted).

A court determines whether PlaintilT effected service of process properly by reviewing the

facial validity ofthe affidavit of service and other documents. De Zego v. Bruhn,67 N.Y.2d 875,

877,501 N.Y.S.2d 801,801-802(1986),"[l|t is well established that the affidavit ofa process

server constitutes prima facie evidence of proper service." In re de Sanchez,57 A.D.3d 452,454,
870 N.Y.S.2d 24.26(App. Div. 1st Dep'i 2008). In order to rebut the presumption of proper

service the defendant must personally contest the service on motion. IValkes v. BenoU,257 A.D.2d

508. 508,684 N.Y.S.2d 533.534(1st Dcp'i 1999). In defendant's moving papers, he or she must

either submit a sworn denial ofservice or swear to ^ecific facts to rebut the process server^s

affidavit. Puco v. DeFeo,296 A.D.2d 571. 571. 745 N.Y.S.2d 719, 719-20(App. Div. 2d Dep't

2002):see also Parker v. Top Homes, Inc.. 58 A,D.3d 817.873 N.Y.S.2d 112(App. Div.2d Dep't

2009)(finding that the defendant "failed to submit a sworn denial ofservice or specific statements

to rebut the statements in the process serx'crs* affidavits")(emphasis added);Johmon v. Deas, 32


A.D.3d 253. 819 N.Y.S.2d 75!(App. Div. Ist Dep't 2006)(remanding lo hold a traverse hearing,

stating that "the absence ofdefendant's sworn denial ofservice is not fatal.")

Accordingly, when a defendant submits a sworn denial of.service, he or she rebuts the

process ser\'cr*s affidavit ofservice,and the defendant is entitled to a traverse hearing, at which the

plaintilT must prove jurisdiction by a preponderance of evidence. See. c.^.. Elm Management

Corp. v. Sprung. 33 A.D,3d 753. 754-55. 823 N.Y.S.2d 187, 188-89(App. Div. 2d Dep't 2006)

(reversing the denial ofthe defendant's motion lo dismiss for lack of personal jurisdiction by

reason of improper service of process, and holding that the defendant's sworn denial of receipt of

process was sufficient to rebut the plaintifl's affidavit of service and the plaintiff, therefore, was

required to establish personal jurisdiction by a preponderance ofthe evidence at a hearing); Dime

Savings Bank i'. Steinman^ 206 A.D.2d 404.613 N.Y.S.2d 945(App. Div. 2d Dep'l 1994)

(remanding for a traverse hearing,slating:"The sworn denials ofthe appellants that they had been

served with process pursuant to CPLR 308(2), as alleged by the plaintiffs process server, requires

a hearing to determine whether they were in fact properly served"). See also. e.g.. Matter ofTNT

Petroleum, Inc. v. Sea Petroleum, Inc.. 40 A.D.3d 771,771-72. 833 N.Y.S.2d 13

It is my understanding that I rebutted Plaintiffs affidavit ofservice with my sworn denial

of receiving the Summons and Complaint and that I have witnesses to support my denial. In

addition. I have the right to cross examine process server and impeach him during a trial or

hearing. As such, I raised the issues sufficient to rebut presumption ofcredibility of Plaintiffs

affidavit of service. Thus. Judge Dear should schedule Traverse Hearing and require Plaintiff to

show by a preponderance of the evidence that service was proper.

Alternatively,even when a defendant receives actual notice ofthe existence ofan action by

10.
means other than the service of process in a manner authorized by law. receipt ofthe actual notice

cannot cure the insufTicient service of process. See. e.f^.. Ruffin v. Lion Corp.. 15 N.Y.3d 578,583,

915 N.Y.S.2d 204(2010)("Defendant's actual receipt ofthe summons and complaint is not

dispositive ofthe efficacy ofservice."); Macchia Russo.67 N.Y.2d 592.595,505 N.Y.S.2d 591,

593(1986)("Notice[ofthe action] received by means other than those authorized by statute does

not bring a defendant within the jurisdiction ofthe court.**); Krisilas v. Moimi Sinai Hospital^ 63

A.D.3d 887. 889,882 N.Y.S.2d 186,188(App. Div. 2d Dep't 2009)("Such a defect in [service of

process] is not cured by the defendant's subsequent receipt of actual notice of the action,'since

notice received by means other than those authorized by statute cannot serve to bring a defendant

within the Jurisdiction of the court**'). Therefore, the court once again ignored the law by ignoring

the issue ofjurisdiction over the defendant.

CONCLUSION

Judge Dear should schedule a Traverse Hearing, or, alternatively,compel plaintiff to accept my

answer with counter-claims and move on to discovery since plaintiff is not prejudiced by an

alleged defendant's delayed answer as no motion was heard by the court.

Dated: Brooklyn, New York


July 27,2017

Under duress. Michael Krichevsky. sui juris

11
EXHIBIT E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F. NOTICE OF
Plaintiff, CROSS-MOTION TO
DISMISS AND FOR
-against- SANCTIONS
Justice
MICHAEL KRICHEVSKY,et al. Oral argument is not
Defendants. requested

COUNSELORS:

PLEASE TAKE NOTICE,that upon the annexed affidavit of Michael Krichevsky, sui

juris,sworn to the 27th day of November. 2017 and upon all the pleadings and proceedings

heretofore had herein without presence of Falsely Accused, he will cross-move. Under Duress,

before this Court at an IAS Part I. room 756. at the Courthouse located at 360 Adams Street,

Brooklyn,New York on the 8th day of November,2017 at 9:30 a.m. in the forenoon ofthat day or

as soon thereafter as counsel can be heard for Judgment dismissing the action with prejudice and

granting the relief requested in this Omnibus Cross-Motion as follows:

1. Take Judicial notice of Defendant's status as alive man, not juristic entity or legal fiction

such as corporation,trust or estate spelled NAME in all capital letters on caption and in exhibits of

this action.

2. As a first step, set in-court identification testimony ofPlaintiffand order alleged plaintiffs

attorney, WOODS OVIATT OILMAN,LLP. to show authority per New York State Agency laws

to represent alleged Plaintiff by disclosing identity ofthe parties to retainer per CPLR 3013 and

3015(b),and order continuance to conduct disclosure.

3. Dismiss the action with prejudice per CPLR §32II (a)(5)-as6 years Statute ofLimitation
run.

4. Set up Traverse Hearing.

5. Order WOODS OVIATT OILMAN. LLP. to rebut my supporting afTidavit point for point

with paper evidence in their possession per CPLR 2214(c)as I expect that they would not do it
intentionally.

6. Thereafter, per CPLR 2214(c)papers to be produced on notice and per CPLR 2218 trial of

issue raised on motion compel WOODS OVIATT OILMAN. LLP. to produce thejury proof of

Plaintiffs standing and identity; direct attorney allegedly representing corporation or trust in court

to appear with corporate charter and/or other forming documents to rule out champerty, verify
Plaintiffs status, name,address and requirement to post a non-resident bond.

7. Thereafter or alternatively, per CPLR 3024(b)strike affidavits, affirmations and

assignments as bazaar, fabrications,sham, false, prejudicial and misleading; alternatively, set up


Evidentiary Hearing.

8. Dismiss the action with prejudice per CPLR §3211 (a)(1).(2),(3),(5),(7),(8),(10);§5015

upon the grounds offraud, misrepresentation; misconduct. Judiciary 478,evidence tampering and
per unclean hands doctrine.

9. Additionally and alternatively, dismiss with prejudice NUNC PRO TUNC the action per

CPLR §3216 for failure to prosecute 2009 action, doctrines of equitable estoppels and laches.

10. In the event this motion is not persuasive, compel Plaintiff to accept filed answer with

counterclaim per CPLR 3012(d).

11. In addition, for such other and further reliefas to this Court may seem Just and Equitable,

including the costs ofthe cross-motion.

12. Dismiss the action per CPLR §3211 (a)(1),(2),(3).(5),(7),(8)and dismiss the action
upon the grounds offraud, misrepresentation and misconduct.

13. Alternatively, dismiss NUNC PRO TUNC the action per CPLR §3216 for failure to

prosecute and doctrine of laches.

14. Alternatively, dismiss the action under doctrine of unclean hands.

15. Sanction attorneys for alleged Plaintiff for frivolously starting this action.

16. Issue entry ofdefaultjudgment on counter-claim.

17. In the event this motion is lost, compel plaintiff accept my Answer and counter-claim.

18. In addition, for such other and further relief as to this Court may seem Just and Equitable,

including the costs ofthe cross-motion.

This action is not on the trial calendar.


Dated: Brooklyn, New York
September 27,2017

Michael Krichevsky, Sui Juris


4221 Atlantic Ave
Brooklyn. New York 11224
(718)687-2300

WOODS OVIATT OILMAN,LLP.


700 Crossroads Building
2 State Street
Rochester. NY 14614
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F,
Unidentified Plaintiff,

-against-

MICHAEL KRICHEVSKY,et al.


Falsely Accused.

AFFIDAVIT IN OPPOSITION TO ALLEGED PLAINTIFF'S MOTION FOR AN ORDER


OF REFERENCE AND IN SUPPORT OF CROSS-MOTION TO DISMISS AND FOR
SANCTIONS

STATE OF NEW YORK ss.:


COUNTY OF KINGS

Michael Krichevsky, Sui Juris duly sworn to God,deposes and says:

1. I am alive man,the Falsely Accused in the within fraudulent and by nature felonious action

by attorneys from WOODS OVIATT OILMAN,LLP.

2. The facts stated in this affidavit are within my first-hand knowledge and personal

experience from 2009,and ifcalled on as a witness, I could competently testify as follows below.
3. I make this affidavit in self-defense. Under Duress and Coercion(including Violence as I

am being eaten, killed, or destroyed by the BAR)since this action is Round III(two rounds were
lost) by some interloper. As such, I do not consent to this unlawful kangaroo court proceeding

violating BAR's own rules and laws.

4. I make this affidavit in support ofthis cross-motion to dismiss, for defaultjudgment and

Order to Show Cause for Sanctions to establish a recorded pattem ofconcerted criminal acts(mens

ria)ofall officers ofthis court, which is extortion racket.


5. 1 make this Affidavit in opposition to WOODS OVIATT OILMAN. LLP motion for an

order of reference.

BRIEF HISTORY OF PRIOR LITIGATION,ABOUT WHICH ATTORNEYS


FROM WOODS OVIATT OILMAN,LLP ARE INTENTIONALLY SILENT IN
THEIR MOTION FOR ORDER OF REFERENCE

6. U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR MORTGAGE

PASS-THROUGH CERTIFICATES.SERIES 2006F and U.S. BANK NATIONAL

ASSOCIATION. AS TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION

MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006F(US BANK)is a corporate

bankster"straw men"invented by some interloper(WELLS FARGO?)and/or later by WOODS

OVIATT OILMAN,LLP(WOODS)to conduct this felonious robbery action.

Round 1:2009 foreclosure lawsuit

7. Unidentified, alleged Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE

FOR MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006F(US BANK),

represented by notorious foreclosure mill Steven J. Baum,P.C.started foreclosure of my property


on or about October 2009 by filing notice of pendency,summons,complaint and affidavits of

service in this court. Exhibit A.The reason they are notorious because in 2010 they were

investigated by New York State Attorney General and United States Attorney for their fraudulent
robo-signlng practices in creating assignments and fraud upon the court. As result, Steven J.
Baum,P.C. settled, paid fines and disbanded. Upon information and belief, my case was on a class

member list that law enforcement investigated since Steven J. Baum. P.C. abandoned foreclosure

against me. Particularly, in numerous cases that Steven J. Baum. P.C. handled and in my case,
undisclosed employee from said firm permitted and rented her name to unidentified people who
were fabricating, inter alia, notarized assignments and used said employee name to sign those

assignments. Investigation revealed that said employee, Elpiniki M. Bechakas Esq., tum out to be

- attorney of Steven J. Baum,P.C. while falsely claiming that she is Assistant Secretary and Vice

President" of MERS.In that round oflitigation, I asked Steven J. Baum,P.C.to clarify and identify

whom or what U.S. BANK is and why it suing me.They went silent.

8. Accordingly,said Notice of Pendency, Foreclosure Complaint and affidavits attached

thereto were fictitious, false,and fraudulent legal documents filed in the Court and County Clerk's

office under penalty of perjury, which is crime in New York.

9. Foreclosing party as plaintiff has the burden of proof. According to doctrine ofjudicial

estoppel, 1 rebutted presumptions of validity of plaintiffs name and its averments in complaint.

This, in tum,shifted burden of proofon alleged Plaintiffand its attorneys to come with admissible

evidence. They intentionally failed to meet the burden by acting professionally incompetent and/or

blissfully ignorant of my demands in my affidavit supporting motion to dismiss and for sanctions,

Exhibit B.

10. Simultaneously, said law enforcement authorities started investigation of the major 5

banks,including Wells Fargo- alleged servicer. Upon information and belief that investigation

resulted in fines and consentjudgments including against Wells Fargo for fraudulent foreclosure

practices.

11. On or about 2013, Administrative Judge Lawrence Knipel dismissed the action for failure

to prosecute and vacated lis pendens. Exhibit C.

Round 2: 2014 foreclosure lawsuit

12. In January 2014, alleged Plaintiff. U.S. BANK,allegedly hired Frenkel, Lambert, Weiss,
Weisman & Gordon, LLP to restore foreclosure action to calendar and for order of reference.

Supporting affirmation, attached as Exhibit E,now states different facts from facts in

2009-forecIosure complaint contrary to doctrine ofjudicial estoppel.

13. Once again, still undisclosed interloper forced me to defend my property and me against

new false accusations by filing cross-motion to dismiss foreclosure action. Once again, 1 rebutted

identity of US BANK,all their sworn statements, newly fabricated exhibits and so-called

^corrective assignment of mortgage.*

14. As attorneys, they knew that by operation oflaw, they required filing counter-affidavit or

my affidavit stands as facts and truth of the case admitted by them. Again,accordingly to doctrine

ofjudicial estoppel, 1 rebutted presumptions of validity of each document. This, in turn, shifted

burden of proofon alleged Plaintiffand its new attorneys to come with admissible evidence. They

intentionally failed to meet the burden. In my cross-motion to dismiss, I requested trial by jury in

order to dismiss this action with prejudice. In reply,they filed cross-motion to discontinue and

requested that I do not oppose that motion and that I will be never bothered again. Per their request,

1 did not oppose that motion and it was granted by Hon. Bert Bunyan, Exhibit F.

Round 3: 2016 foreclosure lawsuit

15. According to common law. WOODS OVIATT OILMAN.LLP committed barratry, a

crime of instigating controversy and profiting from it while Federal law, inter alia, calls it RICO.

16. Unified Court System's rules published on its website in section Affidavit in Support of

motion says the following:

'The Affidavit should say:


what is being asked for and why
the facts about the case
whether or not the movant has ever asked the court for this before,and if so, what
happened and why the movant is asking again/*[Emphasis mine]

17. In this case, movant is U.S. BANK. Because it is legal fiction, some employee with

authority and competence to verify complaint must sign verification in order for the complaint to
be valid.

18. Upon my personal investigation of foreclosure mills, no bank's employee ever verified
complaint, which is also the case in all 3 Rounds offoreclosure.
19. Alleged Plaintiffs motion for order ofreference, which is second after 2013,too does not
have movant's affidavit in support from US BANK.

NOTICE: Victoria Munian,Esq. you must rebut this affidavit point for point and/or should
contact your licensed attorney for advice on how to report this case to your professional
liability insurance carrier

20. Fact, I have not seen any and therefore aver that there is no documentary evidence in this
case that shows existence ofany employee from US BANK.

21. This makes its motion defective and nullity. Alleged PlaintifTs attorneys deceitfully use

so-called * witness affidavit' from alleged servicer. Wells Fargo,to cover up this defect

22. WOODS OVIATT OILMAN, LLP does it on purpose to avoid identifying interloper who

hired them. As attorneys' from said firm allegedly awarded status of Super Lawyers,they

definitely know that attorney's affirmation is an opinion or argument before the court and must
rely on facts averred by their client, U.S. BANK. As such, I object to this defective motion and
demand sworn supporting affidavit from qualifying employee of US BANK. Without this

affidavit, 1 cannot be compelled to argue fraud with fiction as fiction is dead and 1 cannot impeach

it in front ofjury. I can cross-examine attorneys from WOODS OVIATT OILMAN,LLP who are

deceitfully attempting to act as fact witnesses in violation of"advocate- witness" rule of New
York Rules of Professional Conduct, but that would still create a Theater of Absurdity since I

know already their perjurious, hearsay answers.

23. In addition to this obvious fraud upon the court by officers ofthe court from WOODS

OVIATT OILMAN,LLP,no attorney from the firm or employee from alleged servicer has any

firsthand knowledge as to what allegedly happened in 2005 and thereafter.

24. In addition, none ofthe people involved dares to say that in 2005 and/or thereafter they

were custodians ofthe documents they allegedly reviewed. I bet that most ofthem if not all did not

even woric as attorneys or servicer's employees from 2005. As such,any certification from

attorney's office,affirmation or affidavit under penalty of perjury, or exhibit they are pushing into
the court's record is inadmissible hearsay,and even worse-fabrication from Wells Fargo given to

them.

25. In addition to this obvious fraud upon the court. Affirmation of regularity(Exhibit G)

from Victoria Munian, Esq. is peijury for reasons stated below.

26. Victoria Munian,Esq. in ^ 11 of her affirmation of regularity writes,"11. That no previous

application has been made for this or like relief."

27. Victoria Munian, Esq. knows that there is history of prior foreclosure vexatious litigation,

which ended in my favor.

28. Victoria Munian, Esq. intentionally omits this history in her affirmation ofregularity.

29. The statement in 11 ofaffirmation of regularity is false because this is second order of

reference.

30. Noticeably, Jason Bailey, clerk of WOODS was itching to say to me who the interloper is

in this case and did so in his affidavit of mailing below notary stamp. Exhibit G:
"Re: Aflldavii of Mailing of Motion for Order of Reference
WELLS FARGO BANK,N.A. vs. KRICHEVSKY,MICHAEL,et al.
Kings Co. Supreme Court# 506127/2016"

31. 1 take it as insiders information and now will rely on it.

No joinder and no jurisdiction over alive man Michael Krichevsky and US BANK under

legal maxim - dissimilar things are not to be joined

32. I move this Honorable Court to take mandatory judicial notice that under common law of

this Nation, my proper name,as alive man. must be styled according to Judeo-Christian

Appellation as Michael Krichevsky. As a man of God, I take personal insult when my name
fraudulently spelled or styled MICHAEL KRICHEVSKY as in cemetery or graveyard. I believe
that this done on purpose to join US BANK and me, Michael Krichevsky. in this felonious and
simulated action. To achieve this goal, Supper Lawyers from WOODS OVIATT OILMAN,LLP

decided to mischaracterize my status and me as legal person -a legal fiction in Roman law -

corporation (dead corps) without God's given Natural Rights that only alive man posses so that
they can human traffic me into their corporate fiction jurisdiction. A legal fiction is an assumption
that something that is(or may be)false or nonexistent is true or real. Intemationally recognized
The Chicago Manual ofStyle supports my contention. Even "Chambers Handbook for Judges'
Law Clerks and Secretaries"(available in the web)stales,"It is also useful to have a stylebook,

such as The Chicago Manual ofStyle, published by the University of Chicago Press." In
conclusion, the lawful court takes mandatory judicial notice that I am not the legal fiction

MICHAEL KRICHEVSKY,and whatever alleged plaintiffattached to documents against

Michael Krichevsky do not apply to me.

33. Based on above, I conclude that all so called "evidence" attached as exhibits where my
name styled MICHAEL KRICHEVSKY is bizarre, prejudicial, fraudulent and misleading the

court even under presumption that these documents are copies of originals I allegedly signed,

which they are not. On the other hand, if I assume for the sake of argument that I did sign them,
which I deny,these documents would be void due to fraud that would be perpetrated against me by
deceit and nondisclosure ofintent to mischaracterize my status as a dead man or corporate legal

fiction. As such,this action must be dismissed with prejudice for lack ofjurisdiction as courts

should not aid and abate criminals.

34. In court there is slogan In God We Trust Scripture says,"Lying lips are abomination to the
LORD: but they that deal truly are his delight. Proverbs 12:22. This case is continuation of prior
pattern and practice where alleged plaintiff and its prior attorneys were "lying lips."
35. One of the fundamental pillars of Anglo-Saxon Jurisprudence is the adversary system

based on the premise that the truth is best determined in court ifequally equipped and intelligent
advocates argue their adverse positions before a disinterested neutraljudiciary orjury.
36. State and federal laws require that litigation be brought in the name of a legal real party in
interest having capacity to sue which in foreclosure cases means that a purported foreclosing
mortgagee with legal capacity to sue(synonymous with standing) must own the loan when filing a
foreclosure lawsuit.

37. NOTICE:due to threat from hurricanes projected to hit New York in the beginning of

September,as hurricane Sandy survivor, 1 abandoned work on that affidavit and started packing to
evacuate. Thereaf\er,as threat subsided I started unpacking. As such,1 did not completely finished

my affidavit and notify WOODS OVIATT OILMAN,LLP that 1 will supplement the later.
WHEREFORE,I respectfully move this court forjudgment on this cross-motion dismissing this
action with prejudice and sanctioning attorneys of WOODS OVIATT OILMAN,LLP;and for

such other and further reliefas to this Court seemsjust and proper, including the costs ofthis

litigation.

Under Duress. Michael Krichevsky. Sui Juris

Sworn to before me this


28 day ofSeptember 2017

NOTARY PUBLIC
ALICE ASHER
WOTARY PUBLIC,State Of New York
NG.01AS6062200
Qualified In Kings County
Comirtission Expires 07/30/2021
HELP FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE lAW REQUIRESTHAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.

SUMMONS AND COMPLAINT

VOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE
.'.I
SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION,YOU MAY LOSE
YOUR HOME. PUASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU
SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID
OFfICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.

SOURCES OF INFORMATION AND ASSISTANCE

The state encourages you tp becorne infornijed abblit your options in


foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agendes and non-profit organizations that you
may contact for information about possible options, including trying to work
With your lender during this process.

To locate an entity near you, you may all the toll-hree helpline maintained by
the New York State Banking Department at 1-877-BANK-NYS (1-877-22&-5697}.
or visit the department's website at WWW.BANKINf:-STATE^NY.US.

FORECLOSURE RESCUE SCAMS

Be careful of people who approach you with offers to "save'' your home. There
are individuals who watch for notices offoreclosure actions in order to unfairly
profitfrom a homeowner's distress. You should be e^remely careful about any
such promises and any suggestions that you pay them a fee or sign over your
d^d.State law requires anyone offering such services for profit to enter Into a
contfad which fully describes the services they will perform and fees they will
charge, and which prohibits them from taking any money from you until they
have completed all such promised services.

§1303 NOTICE

A
nwtnf Niimhn

I'.o.iVw i:")! 7I(.-2(M.24<X»

n<illAk>.NY l4i4()-l2'JI
Kji N'limlin

0^Tain:>"M4il STEVEN J.BAUM.P.C 7l<v2(M-4(>IX>

22(1 Niuilqioinir Pirlcivay ATTORNEYS AT LAW


Sit'lf C \Vft» ?»»lc

Aniltfni. NY 1422H W\VW.MBAUM.(:OM

PERSONAL AND CONFIDENTIAL

MICHAEL KRICHEVSKY
4221 ATLANTIC AVENUE
BROOKLYN,NY 11224

Re:Plaintiff: US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR MORTGAGE PASS-THROUGH


CERTIRCATES.SERIES 2006-F
Property: 4221 ATLANTIC AVENUE.BROOKLYN,NY 11224
Loan No.: 0149183295-708

Dear Mr. MICHAEL KRICHEVSKY:

This office represents the above named creditor. Piea.sc be advised ihai a claim in the amount of
$771,683.85 calculated through 10/07/2009, ha.s been referred to u.s for appropriate action,such as a mortgage
foreclosure proceeding.

As of 10/07/2009. the unpaid balance of the debt secured by the Property is $771,683.85, comprised of
the following:

Principal Amount $746,256.13


lntere.st at 6.5% from 04/01/2009 up to
and including 10/07/2009(190 day.s)at SI32.89 / day $25,250.04
Ijitc charges through 10/07/2009 $323.36
Included Inspection Fee.s SI5.00
Deduction of amount remaining in escrow account $160.68

TOTAL $771,683.85

If you have been granted a discharge in bankruptcy,our client does not seek to hold you personally liable
for the debt. However, we are prepared to foreclose on the Property to satisfy the debt.
Because of interest, late charges, property tax advances, property insurance advances, inspection fees
and other charges that may vary from day to day, the amount due on the date payment is made may be greater
than the current balance set forth above. Hence, if the amount shown above is paid, an adjustment may be
necessary after payment is received, in which event we will inform you before depositing the payment.

For further information, call our office at 716-204-2400 or 716-204-9400. If you are actively engaged in
military service, or have been activated from reserve status, it is important that you contact us.

Unless you notify us within thirty days after receipt of this letter that you dispute the validity of this
debt, or any portion thereof, the debt will be assumed by us to be valid. If you notify us in writing within thirty
days after receipt of this letter that the debt or any portion thereof is di.sputed, we will obtain veriftcation of the
debt or a copy of a judgment against you, if any, and we will mail you a copy of such verification or judgment.
Upon your written request within thirty days after receipt of this letter, we will provide you with the name and
address of the original creditor, if different from the current creditor.

This communication pertains to your dealings with me a.s a debt collector. It does not affect your
dealings with the New York State Court, and in particular, it docs not change the time at which you must answer
the Complaint, or other legal pleading. The Summons is a command from the Court, not from me, and you must
follow its instructions even if you dispute the validity or amount of the debt. This communication also does not
affect my relations with the Court. As a lawyer. 1 may file papers in the suit according to the Court'.s rules and
the Judge's instructions.

Very truly yours,

STEVEN J. BAUM.P.C.

By: Michael J. Wrona. Esq.

The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be u.sed for that purpose.
STATE OF NEW YORK
SUPREME COURT:COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION,AS


TRUSTEE FOR MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006.F
3476 Stateview Boulevard
Fort Mill,SC 29715

PiaintifT, SUMMONS

vs.
ORIGINAL FBL THE

MICHAEL KRICHEVSKY,CAPITAL RESOURCES


CLERK ON %
CORPORATION,NATIONAL CITY BANK.NEW INDEX
YORK CriY ENVmONMENTAL CONTROL BOARD,
NEW YORK CITY PARKING VIOLATIONS MORTGAGED PREMISES:
BUREAU,NEW YORK CITY TRANSIT 4221 ATLANTIC AVENUE
ADJUDICATION BUREAU, BROOKLYN,NY II224

JOHN DOE(Said name being fictitious, SBLU:


it being the intention ofPiaintifT to BLOCK 7026, LOT 53
designate any and all occupants of
premises being foreclosed herein, and
any patties, corporations or entities,
ifany,having or claiming an interest
or lien upon the mortgaged premises.)

Defendantfs).

TO THE ABOVE NAMED DEFENDANTS: ^


YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve
a copy ofyour Answer on the PlatntifPs attorney within twenty(20)days after tire service ofthis Summons,
exclusive ofthe day ofservice, or within thirty(30)days after coniptetion ofservice where service is made in any
otlwr manner than by personal delivery within the State. The Uiut^ States of America,ifdesignated as a
Defendant in this action, may ^sweror appear within sixty(60)days ofservice hereof. In case of your failure to
appear or answer,judgment will be taken against you by default for the reliefdemanded in the Complaiiit.

NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this summons and conaplaint bv scrvinfif a copy


of the answer on the attorney for the mortgage companv who filed this
foreclosure proceeding against you and filing the answer with the coiirt. a
default judgment may be entered and you can lose vour home.
Speak to an attorney or go to the court where vnur case is pending for
farther information on how to answer the sMmmons anrf nmttwt your
property.

Sending a oavment to vour mortgage company wit! not stnn this


foreclosure action.

YOU
r—
MUST RESPOND BY SERVING A mpY OF THK ANSWRR ON
X KJJP A JtlJCi ATNa WILK C If
THE ATTORNEY FOR THE PLAINTIFF fMORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.

premises foreclosed herein. ^ P*®®® ofvenue is the location ofthe mortgaged


DATED; October 7,2009

Michael J. Wrona, Esq.


Steven J. Baum,P»C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst,NY 14228
Tel.: 716-204-2400

to I
to collect a debt. Any information '•"»P'®ys
obtained by them will be used <iebl collectors who are atlcmpling
for that pmposc.
STATE OF NEW YORK
SUPREME COURT;COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION.AS


TRUSTEE FOR MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006-F
3476 Stateview Boulevard
Fort Mill. SC 29715

Plaintiff.

vs. COMPLAINT

MICHAEL KRICHEVSKY,CAPITAL RESOURCES INDEX NO.:


CORPORATION,NATIONAL CITY BANK.NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD. MORTGAGED PREMISK:
'
NEW YORK CITY PARKING VIOLATIONS 4221 ATLANTIC AVENUE
BUREAU.NEW YORK CnV TRANSIT BROOKLYN.NY 11224
ADJUDICATION BUREAU,
SBL ft:
JOHN DOE(Said name being fictitious, BLOCK 7026,LOT 53
it being the intention ofPlaintiffto
designate any and all occupants of
premises being foreclosed herdn,and
any parties,corporations or entities,
if any. having or claiming an interest
or lien upon the mortgaged premises.)

Defcndant(s).
X

The Plaintiff by its attorneys, Steven J. Baum. P.C., for its complaint against tlie Defendant(s) alleges
upon information and beliefas follows:

AS AND FOR A FIRST CAUSE OF ACTION:

FIRST: Plaintiffis a national banking association duly organized and existing under and by virtue ofthe
laws of the United States of America and having its principal place of business in Cincinnati. OH,and the owner
and holder ofa note and mortgage being foreclosed.

SECOND: On or about the 14th day ofDecember, 2005, MICHAEL KRICHEVSKY duly executed and
delivered an adjustable rate note whereby MICHAEL KRICHEVSKY promised to pay the sum of S747,600.00
with interest on the unpaid balance ofthe ddst.

THIRD: That as security for the payment of said note MICHAEL KRICHEVSKY duly executed and
delivered a mortgage in the amount of$747,600.00 which mortgage was recorded as follows and mortgage tax
paid thereon:

Recording Date: December 21.2005


instrument Number 2005000701375
County(or City Register of): Kings
The mortgage was subsequently assigned to US BANK NATIONAL ASSOCIATION. AS TRUSTEE
FOR MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-F by assignment dated the 25* day of
August,2009 and sent for recording in the OfHce ofthe Clerk ofKings County.

FOURTH: The mortgaged premises are commonly known as 4221 ATLANTIC AVENUE,
BROOKLYN, NY 11224 and more fully described in "Schedule A" attached to this complaint. The lax map
designation is known as all or part ofSBL: Block 7026,Lot 53.

FIFTH: That the Defendant(s) MICHAEL KRICHEVSKY so named, has/have failed to comply with the
conditions ofthe mortgage and note by fiailing to pay principal and interest and/or(axes, assessments, water rates,
insurance premiums,escrow and/or other charges that came due and payable on the 1st day ofMay,2009 as more
fully set forth below. Accordingly, Plaintifi*elects to call due the entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage(he following amounts:

Principal balance: $746,256.13


Interest Rate:6.5%
Date interest accrues from: April 1,2009
Escrow balance:$160.68
Late charges: S323.36
Inspection fees:$15.00

Together with monies advanced for taxes, insurance, maintenance of premises and the costs, allowances
and reasonable attcroey's fees if permitted by the mortgage. The interest rate stated above may change in
accordance with the adjustable rale feature ofthe note or loan agreement.

SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be compelled
to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums and other charges
affi^ng the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together with interest,
be included in the sum otherwise due as provid^ for and secured by the mortgage.
EIGHTH: Upon information and beliefall the defendants herein have or claim to have some interest in or
lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to
the lien of PlaintilTs mortgage, or has been paid or equitably subordinated to PlainlifTs mortgage, or has been
duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule B" that is attached to
this complaint.

NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or
local government(howeverdesignated), is set forth in "Schedule C" that is attached to this complaint.
TENTH: Upon infmmation and belief the defendant(s)"John Doc" are occupants of the premises being
fbr^losed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest
against the premises.

ELEVENTH: Ifapplicable,the mortgage originated in compliance with Banking Law Sections 595-a and
6-1 or 6-m and the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any
rules and regulations promulgated thereunder. Section-6-1 and 6-in of the Banking I.aw, and Section 1304 of the
Real Property Actions and Proceedings Law.
said premises be sold subject state of facts^M tojudgment offoreclosure and sale,
survey ofthe premises wouTd or an accurate
any; building and zoning oidinancU and possible vioIatio^oTtS agreements ofrecord, if
possession of the premises; any equity of redemntion of ieoms or persons in
within 120 days; mort^e« a^ SetL ff^L Ift the premises
requests
to satisfythe
thejudgment offoreclosure provide for the sale ofthe parcels in a particular order to the extent necessary
indebtedness.

and mon™^^^^"' proceedings at law to collect or enforce the note


AS AND FOR A SECOND CAUSE OF ACTION
PLAINTIFF HEREIN ALLEGES:

through'THmTEENra^a^uIo^S^^^ allegaUons contained in Paragraphs "FIRSr'


in or lien upon said morl^^ premk^^ P*" some interest
to the lien of PlaintifTe inorteaKe. or ha: been nairf » ■• i? ot lioi. if any, has acciued subsequent

c«»ss.. !„"s: .■r.is'usi.srs, seukss


Recording date: May 28,1986
Book/Page: 1818/323
(County oi)(City Register of): Kings

rccorfed the 28« day of May. 1986 in Book

SEVEOTEENTH: The interest of Plaintiff in the property is set forth in paragraph "FIRSr. above,
infants. -

conuncncement of this acliM w^bj^any ^tine^v^^ to persons not in otherwise,


being or ascertai
become entitled to a beneficial estate or interest in the nronertv^!!^ ^
ned at the
could afterward
herein ivill not and may not affect any such dcisL not in °
commencement of this action. ascertained at the time of the

anri.»ai
and P^®h"en(s)ofDefendanl
adverse to the mortgage bemg foreclosed andCAPITAL RESOURCES
Q..h!.w^K J . ^ CORPORATiriM..appears to be
u prior
Article 15 of the Real Property Actions and Proceedings Law. extinguished pursuant to
TWENTY-FIRST: Plaintiff hereby requests that the Judgment of Forcelosum state the following:
th mortgage
the Art being ^JUDGED Alv© DECREED,
foreclosed, namely that llie licn(s)CAPITAL
the lien of Defc!idant(s) which appear(s) to be prior
RESOURCES and advcise to
CORPORATION
is/are hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further
ADJUDGED DECREED, that Defendant CAPITAL RESOURCES
3foreclos^
^ r I i?ofr and/fiom all nght. claim,
claiming by,through
lien, interest or under
or equity them, be andinareandhereby
of redemption forever
to said barred
mortgaged
premises; and it is further ® ®

r\ r j CAPITAL RESOURCES
Defendant ADJUDGED AND DECREED,
CORPORATION thatand
is invalid theextinguished;
record be reformed
and it istofurther
reflect that the lien of

AS AND FOR A THIRD CAUSE OF ACTION,


PLAINTIFF HEREIN ALLEGES:

.u
throu^ ^TVENTY-FIRST",as though fully set forthre-alleges
herein. the allegations contained in Paragraphs •'FmSP'

""Wtgage, thn is the subject of this action, aocuiately references


the address ofthe property enctutibered by the mortgage as:4221 Atlantic Avenue,Brooklyn.New York.

on Deconber
„ r. 2 2005 m Qty Register File No.(CRFN)2005000701374 (attached
dated hereto
December as Schedule
14.200S A-l)
and recoided
accurately descnbes said property. » wrvt«.uuio « i^,

2005000^^1^!^'
^500W01375 ihe description
did not tave a legal mortgage rerardrf December
affixed thereto 21.description
aad the 2005 in City Registerin File
oonlained deedNo. (CRFN)
recoided oi^
^1^1^21.2005 m aty Rr^ister File No.(CRFN)2005000701374 should be substituted to refiecl the intent
'■'mntifr hereby requests reformation of the said mortgage recorded December 21
200500070I375 by Order of this Court as^cSta^ a
Judgment of Foreclosure statmg the following:
fte
legal description In the mortgage recorded December 21 2(10^ in Piiw
Register File No. (CRFN) 2005000701375 is hereby reformed so .haute plo^e^y a^fofiowf '
ALL that certain plot, jnece or parcel ofland, whh the buildings and improvements thereon erected, situate, lyingand
betngmlheBonntghofBiookl}m,CountyofKings,CityandStateofNewYoik,l(nownanddesignatedoninapentit{ed
"Map ofSection ANoiton Poinfmade by Fontand Beach, surveyors, 1894 and filedin the Ofitce ofRegister Kings
County, April 20,1894, #351-352-353 in Block#? ofsaid map and described with reference to thcpri vateroad, laid
down on said map as follows:

BEGINNING at a point on theNorthetly lineof Atlantic Avenueonsstid map, 160 feet Westerly the intersection
of said Northerly line with the Westerly side of Beach 42nd Street;

RUNNING THENCE Westerly along the Northerly lino ofAtlantic Avenue as it curves to the Westerly line oflot 351
on said map;
THENCBNortheriyalongthe Westerlylineoflot35J (vrfuchlineisrmaiadius offhecoccentiiccurvesofAtlanticand
Suxf Avenues); 100 feet to the middle line ofblock between Atlantic and SurfAvenues;
THENCEEastcrlyalongthemiddlelineofthe block asitcurve$,60feettothe Westerly line ofiot354 oasaid map;
thenceSoutherlyatrightanglesto Allantic Avenueand alongthe Westerlylineofsaid lot#354,100feetto the point
or place ofBEGINNING.

WHEREFORjB, plaintiff DEMANDS JUDGMENT;

1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges,
expenses ofsale, allowances and disbursements, reasonable attorney's fees if provided for in the
mortgage and any monies advanced and paid which are secured by the mortgage.
2. That the defcn^ts and all persons claiming by,through or under them and every other person or
entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded
or w^lien is being challenged by being a defendant in this action, be barred and foreclosed of
Md from all right,claim, lien, interest or equity ofredemption in and to said mortgaged premises
3. That the said mortgaged premises,or such part thereof as may be necessary to raise the amounts
^
TWEt,FTH"ofthis complaint.
^ according to law subject to the provisions of paragraph
4. That out ofthe monies arising from the sale thereof, the Plainuff may be paid the amounts due on
said note and mortgage, plus ^ose items referenced in paragraph I, above, together with any
siuns expended as aforesaid, with interest as allowed by law upon any advances from the dates of
the respective payments,so far as the amount ofsuch money properly applicable thereto will oav
the same. '
5.
5 That either or aiiy ofthe parties to this action may become a purchaser upon such sale.
6. That this court, ifrequested, forthwith appoint a receiver ofthe rents and profits ofsaid premises
with the usual powers and duties.
7. That the defradanls referred to in paragraph "FIFTH" of this complaint and any original or
subs^uent obligors so named in this action, may be adjudged to pay any deficiency that may
remain after applying all ofsaid monies so applicable thereto, unless the ddit has been listed and
discharged In a bankruptcy petition, or unless the Plaintiffis unable to produce a copy of the note
in which case no deficiencyjudgment will be sought. '
8. In the event PlainUff possesses any other liens against the premises, they shall not be merged with
the same. Plaintiffspecifically reserves its right to share in any surplus monies arising from the
sale of the subject premises by virtue of its position as a judgment or oUier lien creditor
excluding the mortgage being foreclosed herein.
9. That IMeadam CAPFTAL RESOURCKS CORPORATION'S inlerest in the mortgaged premises
and all persons or entities claiming by. through or under them, be declared invalid and
extinguish^, and that Defendant CAPITAL RESOURCES CORPORATION and all persons or
^titi^ claiming by, through or under them, be barred and foreclosed ofand from all right,claim
lien, inter^t or equity or redemption in and to said mortgaged premises and that the plainliff be
granted reformation of the record to reflect said lien being extinguished.
10. Awarding the reliefrequested in the SECOND cause ofaction stated in this complaint.
1!. Awarding the reliefrequested in the THBRD cause of action stated in this complaint.
12. That the Plaintiff may have such other and further reliefas may bejust, equitable and proper.

By:
Michael J^Wrona,Esq.
Steven J. Baum,P.C
Attorneys for Plaintiff
220 Northpointe Paiicway Suite G
Ainherst,NY 14228
Tel.: 716-204-2400

The law finn ofSteven J. Baum,P.C.and the altomQ^s whom it employs arc debt collectors who arc attempting
to collect a debt. Any infonnation obtained by them will be used for that purpose.
PRIME TITLE SEARCH,LLC

TWe No.PT.70347-09 (File No. 170181)

SCHEDULE A
DESCRIPTION

Block 702<i and Lot S3

ALLlbatcertamplot,pieceorpaicelofland.with die buildingsand improvementstheieonerecied,situate,lyingand


beinguilheBoioughofBrooklyn,CountyofKings,CityandStateofNewYork.knownanddesignatedonmapentilled
"MapofSecdon ANoitonPomt"madeby Fontand Beachsurveyors,I894and filed in theOfficeofRegister Kin^
County,April20,1894,#351-352-353inBlock#7ofsaid mapand described withreferencetothe private road,laid
dovm on said map as follows:
BEGINNIKGatapomtQntheNortherlylineofAtlanticAvenueonsaidmap,160feet Westerlyfiom theintersection
ofsaid Northerly line with the Westerly side of Beach 42nd Street
RUNNINGTHENCE Westerly alongtheNortherly line ofAtlantic Avenueasitcurvestothe Westerlylineoflot 351
on said map;

THENCENoitherlyalongihe Westerlylineoflot351(whichlineisonaradiusoftheconcenliiccurvesofAtlanlicand
Surf Avenues); 100 feet to the middle line of block between Atlantic and Surf Avenues;
THENCEEastcrly along lhemiddlelineoftheblockasitcurves,60feettothe Westerly rmeoflol354onsaid map;
THBNCESoutheriyalrightan^esto Atlantic Avcnucandalongthe Westerlylineofsaid lotS354,100feetto thepoint
or place ofBEGINNING.

Premises known as 4221 Atlantic Avenue,Brooklyn,New York

SCHEDULE A
NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER

Hiu page is part ofdie iostnuneat.The City


Krister willlely on the infoflastien provided
by you on this page for purposes oTiiidejung
diis insUwnent.TheinfonoaiioooD(his page
willeontro!forindexing purposesin(he event
ofanyconflict with the rest of diedocuroenl.
200S121500204001001E1EBA
RECORDING AND ENDORSEMENT COVER PAGE PAGBIOFS
Document ID: 2005121500204001 DocumentDate:12^14-2005 PrepaiatioaDate; 12-15-2005
Documeot Type: DEED
Document Psee Count:3
RETURN TO;
ATLANTIC LANDTTTLE AND ABSTRACT.LTD. FRANCIS X.TUZIO
5417 imi AVENUE 7412 IMII AVENUE
BROOKLYN,NY 11204 BROOKLYN.NY 11204
718.331-6400
ATLANTICLTA@AOL.COM (AL2387K)

PROPERTY DATA
Boroufih Block Lot Unit Adtlress
BROOKLYN 7026 53 EntitoUl 4221 ATLANTIC AVENUE
Property Type: 1- 2FAM WITH ATTCH GAR./OR VACANT LAND

CROSS REFERENCE DATA


CRFN. or Document ID. or Vear_ Reel Page. or File Number.

PARTIES
GRANTOR/SELLER: GRANTEEmUYER:
SAMUEL W.COHEN MiaiABL KRICHEVSKY
4505 BEAai 45T1T STREET 120 OCEANA DRIVE W., APT 5D
BROOKLYN.NY 11224 BROOKLYN,NY 11235

X Additional Parties Listed on Continuation Page


FEES AND TAXES
Mortgage ReconfingFee:$ 52.00
Moiteaee Amount; 0.00 Affidavit Fee: $ 0.00
Taxable Mortgage Amount: 0.00 NYC Real Property Transfer Tax Inltng Fiee;
Exemption: S 75.00
TAXES: County(Basicl: 0.00 NYS Real Estate Transfer Tax:
CttvfAdditionnD: 0.0D 5_ 3.738.00
Spec(Additional): 0.00 RECORDED OR FILED IN THE OFFICE
TASF: 0.00 the CITY REGISTER OF THE
MIA: 0.0U CITY OF NEW YORK
NYCTA: 0.00 RccordcrUFtled 12-21.200512-.S4
Addititmal MRT: 0.00 Qty RegisterlnleNa(CRFN):
TOTAL: 0.00 2005000701374

NYC HPD Affidavit in Lieu of Registration Statement

City Renter OfficialSiRnature


SCHEDULE A-1

10
NYC DEPARTMENT OF FINANCE
OFFICE OP THE CITV REGISTER

20051215002040Q10Q1C1C3A
RECORDING AND ENDORSEMENT COVER PACE ICONTINUATIOffl PACE 2 OF S
Doeament ID: 200512l£0020400l OocumemDaie;i2-14-2005 Prepaialion Date: 12-15-2005
Document T^pe: DEED

PARTIES
GRANTOR/SELLER:
FRANCES COHEN
4505 BEACH 4STH STREET
BROOKLYN,NY 11224

SCHEDULE A-1

11
coHmTyoroi^gRBEFoaEsicKwamwsnuttiainHiStiisreuMEHratoviDBEOSEOBifiAwvERsoKiT
THIS INOEMTUI^ tnatfeUtC l9**aafet DECEMBER,200$
BETWEEN
SAMUEL W.COHEN and FRANCES COHSN
4505 BEACH45™ SnSET
BROOKLYN.NEW YORK 11224
party or Q)a rnt pad.and
MICHAEL KRtCHEUSKY
120 OCEANA DRIVE W.,APT SO
BROOKLYN.NEU/YORK11235
party of the second pait
WnNESSETH,^1Bta party of(he imn,in consMerafion of
doflais paU by the party of(ha second part.
OO0S Iweoy giani and rtieaso enb the party of(ha second paiL the lieirs or successors and asdtans ofOie
party oftt»second part Itorever,
ALL that certain pSoL pteee or parcel of land, wi9t the buibinss and Impiovements thereon erected. «sina>n.
tying and faeli^ In Bis
'.VJMAj SEE SCHEDULE'A*ANNEXED HERETO.
PREMISES COMMONLY KNOWN AS:
42-21 ATLANTIC AVENUE
BROOKLYN. NEWYORK
BSNO and bitended to be the same piemises conveyed to the pany of tho lirst part by deed dated
12120/1995. and leootded In the OIEce of(he dly Regkler of Mngs County 02/05/1934 In Reel 3206 Page
1640.
f TOGETHER wffii all ilghL tlBo and inleresL H any.of the party of the fbst part h and to any streets and roads
I slrattlng dia abovedesctSied premises to the center nnes(hereot TOGETHER wbh the ap^enances and nO
j Un estate and i^ts of Bu party of the ftst part in and to said prsnhes; TO'HAVE AND TO HOLD 8»
premises herein smnlsd unto B» party oftoe second part, the hsftsorsucoessom and assigns ofthe party of
} thesecond partforever.
AND the party of the fEfst part cQvenanis (hat the party of the ritst pert has not dona or suffered anyddng
vrttera^ the said premises have been encundiered in any way vihatover,except asafoiesshL
AND the party of the ftist part,in compfiance wilh Section 13 of tho Uen law,covenants that the party of lha
fdsl part wSf reeeivo tha oo/skfereBon far thisconveyance end wfQ hold the ifght!o receive such oonsldareBon
asa bustfund to tia applied fiist for(he ptupose of paying lha oeN ofthe improvementand wO apply the same
fiislto lha payment ofthe cost of tho fanprnremenl behno using any part of Bie toolof die sameforany ethv
purpose. The word'party Shan be construed as if a read'partfesT when ave-the sense of tfds tffif&ntore so
reqidres.
IN tVJTNESS WHEREOF,lha party of the first part has duly executed (his deed Die day and year first above
wrfitea
IN PRESENCE OF:
SAMUEL W.COHEN
SCHEDULE A-1
FRANCES COHEN
FwwaOOl-BiiBibaiid 6ai»0««4.«ilhCM«iwi vs^^Orwlerancti-UnllVnnAdtnoMVCSfflMt
Schedule A Oescription
Tllte Number At2387K
Page 1

^ that certain plot, piece or parcel ofland,situate,lying and beino In the


toraugh of Bwoklyn.County of Kings,Oty and Sta^e of New CCl
designated on map entilled -Map of Section A Norton Point- made bySfnd
1094,#351-352-353 in Block #7 ofsaid map and described withCourfty, Aprilto 20,
reference the
pnvate road,laid down on said map asfollows: reference to(he
recWNING at a ;^nton the Northedy line of AUanOo Avenue on said map, 160
BMc^T&dsS ""Wester^r side of
RUNNIW TH^CE Westedy along the Northerly line of Atlantic Avenue as it
curves to the Westeriy fine of lot 351 on said map;
THENCE Ncdherly along the Westerly line oflot 351(which line is on a radius of
the wnr^tdccurves of Allantic and Surf Avenues); 100 feet to the middle line of
block between AUantic and Surf Avenues;

middle line ofthe block as it curves.60 feet to the


Westeriy line of lot 354 on said map;
THENCE Southeriy at right angles to Atlantic Avenue and alcno the Westeriv linA
of said lot#354.100 feel to the point or place of BEGINNINa ® ^
r

SCHEDULE A-1
13
TO BE USED qtfLV WHgM THE ACKMOWUEQBWEWTIS MACE M NEW YORK STATE
Stale of New York,County ef SBto of Now Yeik,Coumyof

OnOiBiyth dsyof DECEMBER tnlheyeai 2005 Onttta


befwe me.the iinfenJBneft pe»eislbfaniw befera me.the wdsrs^nsd.pssonaQyappealed
SABAiSLW.COhSNoftd FRANCES OCKEN
potsons^ hftOMi to (119 or piovod to mo en (ho iiasis of peiscnaBy knom to Rio of ptovod Co mo on ttio basta of
sedsfedoty ovUcRCO to be the lndMfiiat(s)t«tnso namefs)Is ssihfncteiy o^teaee to bo tho liifivt*n^t)MftDse nam6(t) U
(are)subMftbed(o the uAHft bitbunectl and aefcmwiedscd to (are)aibnfbad to the utlKin Iftstmaaat and sdmeMladQ^ to
mo that hsfSheflhay ooceeuied the eano in imdieinMilr me that boMiafUtsy emcutwf (no ssmo bi titsftiaiftMir
cspactty^X and that by IdsRetfttetr afSMbiio(s) on ttio capsdlyfieaX and thai by ttisAtatRbofr stsnaaiffits) en itie
Iratrumont, bta tadMdual(a)L or(ho penon upon behalfof tohfeh kutiton^010 MMftaltsi.er ifiefwnofl upon behsifof tubfeb
dw ladl«<dua((«)odsd.oxeoutom^ulri^^^ Ro MMdualtslselad.oxMuted the boMmont

(ststtsmrejind offioo of bidhitdMl tiktag asiefiowlodoment) (sfsnatisosndoificooiiMfivfdusltakiRe admawtodgoimq

fWaiyPobaoSWorfW
NotOiKSootta
—— QuaSSodtntOnfiaCounty
Coflxn.Cifftet
TO Be NSettONtY WHEN THE ACKKOWkEOCMEIIT IS MAQg CtnstOg NEW YOftK STATS

Ststo(or Oittdei of Cobisibla,Tsoitofy.or Fonisn Countiy)el

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SCHEDULE A-1
Schedule B - Defendants

MICHAEL KJUCHEVSKY Record owner and onginai mortgagor.


CAPITAL RESOURCES CORPORATION Holder ofa mortgage.
Named as a party Defendant herein to extinguish
said Defendant's lien,as Plaintiff believes
Defendant has been paid in full, and that the
lien ofthe PlaintifTis superior.
NATIONAL CITY BANK Holder ofa mortgage.
JOHN DOE Said name being fictitious, it being the
intention ofPlaintiffto designate any and ail
occupants ofpremises being foreclosed herein,
and any parties, corporations or entities, if
any,having or claiming an interest or lien upon
the mortgaged premises.

15
Schedule C - Defendants

NEW YORK CITY PARKING Holder of possiblejudgments against Michael


VIOLATIONS BUREAU Krichevsky.

NEW YORK CITY ENVIRONMENTAL Holder of possiblejudgments against Michael


CONTROL BOARD Krichevsky.

NEW YORK CITY TRANSIT Holder ofpossiblejudgments against Michael


ADJUDICATION BUREAU KrichevskyJudgments cannot be certiHed since
docket books are missing.

16
STATE OF NEW YORK )
COUNTY OF ERIE )SS.:

Michael J. Wrona, Esq., being duly sworn,deposes and says:


Thai your deponent is the auomey for the plaintiff, having an office at 220 Northpointe Parkway,
Amherst, New York,and that he has read the foregoing Summons and Complaint and knows the contents thereof;
that the same is true to his knowledge except as to the matters therein stated to be alleged upon infonnation and
belief, and as to those matters your dqjoneni believes it to be true. Deponent further stales that the grounds ofhis
beliefas to all matters in the Complaint not stated to be upon his knowledge are based upon copies ofdocuments
and communications provided by my client.

That the reason tlus verification is made by your deponent instead ofthe Plaintiffis because the Plaintiff
does not reside or have an office for the conduct of business within the County of Erie, which is the County where
your deponent has his office.

By:
Michael J. Wrona, Esq

Subscribed and sworn to before me


this day o/$ctobcr,2009.

LISA M. WILLIAMS
NOTARY PUBLIC. STATE OF NEW YORK
OUALIFIED IN NIAGARA COUNTY
MY COMMISSION EXPIRES 8/26/20_\£)

17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR INDEXNO.25477/2009


MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F,
3476 Stateview Boulevard NOTICE OF MOTION TO
Fort Mill, SC 29715 DISMISS AND FOR
Plaintifls, SANCTIONS
-against- Justice Bert Bunyan
MICHAEL KRICHEVSKY,CAPITAL RESOURCES Oral argument is not
CORPORATION,NATIONAL CITY BANK,et all. requested
Defendant.

COUNSELORS: ^
PLEASE TAKE NOTICE,that upon the annexed affidavit of MICHAEL KRICHEVSKY,Pro Se,
affirmed to the day ofJanuary,2010,an upon all the pleadings and proceedings heretofore had herein,
the undersigned will move before this Coun at an IAS Part 8,room 438,at the Courthouse located at 360
Adams Street, Brooklyn,New York on the day of .2010 at 9:30 a.in. in the forenoon of
that day or as soon thereafter as counsel can be heard:
For an order pursuant to CPLR 3211(a), dismissing the complaint herein on the grounds that: Plruntiff
has no legal capacity to sue,it fails to state a cause ofaction and complaint was not properly served; and
for such other and further reliefas to this Court may seem just and proper.
The above-entitled action is foreclosure. This action is not on the trial calendar.
TAKE FURTHER NOTICE that, pursuant to Section 2214(b)ofthe Civil Practice Law and Rules,
all answenng papers,ifany,shall be served at least seven(7)days before the return date ofthis motion.
Dated: Brooklyn,New York
January 25,2010
Michael Krichevsky,Pro Se
4221Atlantic Ave •
Brooklyn,New York 11224
(718)687-2300

STEVEN J. BAUM,P.C.
Attorneys for Plaintiff
220 Northpointe Parkway, Suite G
Buffalo,New Yoik 14228
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR INDEX NO.25477/2009


MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F,
Plaintiff. AFFIDAVIT IN SUPPORT
-against- OF MOTION TO DISMISS
AND FOR SANCTIONS
MICHAEL KRICHEVSKY,CAPITAL RESOURCES
CORPORATION,NATIONAL CITY BANK,et all,'
Defendant.

STATE OF NEW YORK ss.:


COUNTY OF KINGS

MICHAEL KRICHEVSKY,Pro Se, by special appearance afFmnativeiy deposes and says:


1. 1 make this affidavit in support of this motion to dismiss the plaintiffs' complaint
2. This is foreclosure action.

3. The Court lacks personaljurisdiction over the Defendant due to Plaintiffs failure to serve process in
accordance with Section 308 ofthe Civil Practice Law and Rules. Plaintiff did not send debt validation
letter, did not comply with requirements ofParagraphs 1303 and 1304 ofRPAPL.Plaintiff's affidavits of
service (Exhibit A)constitute SEWER SERVICE.The address of89 Fairview Avenue,New York,New
York is not single-family house without an apartment number as it misleadingly appears from affidavit,
but apartment building where Defendant(a) did not reside as claimed by process server Robert
Winckelraann; and(b)there is no John Krichevsky in Defendants family either. This proves(he process
server did not go to this location and made up facts in this affidavit. Ifcopy ofthe complaint really mailed
at this address-it would be undeliverable. The second Affidavit by Jeffiy Conocchioli feils to state that
at the time ofservice at the address of4221 Atlantic Ave there was renovation going on and he must have
seen it. There was no defendant's dwelling where he lived with the door where pleadings could be
attached. That, again, proves that process server did not go to that location. Plaintiffknew from
Defendant' conversations with the serxdcer that there is renovation going on. On the other hand,servicer
knew where Defendant worked. What a better piace to serve defendant than place of abode? All ofthe
above makes me think that Plaintiff went out ofits way in order to perform SEWER SERVICE and tried
to obtain a defaultjudgment. Accordingly, defendant demands sanctions for frivolous lawsuit pursuant to
Plaintiff for commencing and maintaining tliis frivolous action and awarding costs, disbursements and
attorneys' fees.
4. The Plaintiffs complaint is so vague and ambiguous that I can not reasonably be required to prepare a
responsive pleadings because the complaint fails to attach any document to identify who or what" US
BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR MORTGAGE PASS-THROUGH
CERTIFICATES.SERIES 2006-F''is; nor can i determine from the Plaintiffs complaint upon what
facts the Plaintiff is claiming to be the real party in interest witli legal capacity to pursue this foreclosure
action on a promissory note which is required by the New York State Law. Plaintiff in Complaint(Exhibit
B)does not affinnatively state when it became the owner of mortgage and note. Nor plaintiff
affirmatively states that it is the owner and holdei- of the mortgage and note. PlaintifFdoes not state whom
I delivered the mortgage and note and who assigned my instruments to them. No assignment, mortgage or
note attached to the complaint either.
5. According to UCC § 3-301 a "person entitled to enforce"' the promissory note, if negotiable, is
limited to:

(1)The holder ofthe instrument;


(2)A nonholder in possession of the instrument who has the rights ofa holder; or
(3)A person not in possession ofthe instrument who is entitled to enforce the instrument pursuant to
section 3-309 or section 3-418(d).
6. The Plaintiff's complaint fails to contain proved and sufficient facts to establish who the Plaintiffis or
the Plaintiffs relationship to the Defendant. Due to the foregoing, the complaint should be dismissed in
its entirety for lack oflegal capacity to sue and failure to state a cause ofaction.
WHEREFORE,it is respectfully requested that tills motion he granted in its entirety, or as an alternative
to order the plaintiff(a)comply witli RPAPL to make its complaint more definite and certain in the
particulars identified hereinabove,for an award ofattorney's fees and for such other and further relief as to
Interest of Justice and this Court seemsjust and proper, including tlie costs ofthis motion.
X_
MICHAEL KRICHEVSKY,Pro Se
Sworn to before me this
day ofJanuary 2010
2$477flO« Oofcr dMaiL t<eavctra«sa9txt.e( p(tid«icy

SUPREME COURT OP THE STATE OF NEW YORK


COUNTY OF KINGS
-X

Plaiiitifir(s), ORDER OP DISMISSAL


(CPLR3H5(c))
against-
tadexNo:

V Defendaat(s),

AtaStatasConference heldftisday.itis the findingofthis Covirtthatthe plaintiffhasMed


to proceed to entty ofjodgmot within one year of defeult Tone spent prior to discharge ftom
mandatory settlement conference has not been computed in calculating the one year
Accordingly,the instant complaint is dismissed as abandoned pursuantto CPLR 3215(o)
without costs or piejudice and the Coun^ Cletk is directed to vacate(he Notice ofPendenq^.
. EN T E

Date: AUG"12013 HON.LAWRENCE KNIFEL yi


sa r-
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SUPREME COURT OF THE STAlE Or NEW YORR
COUNTY OF KINGS ^
US Bank National Association, as Trustee for Mortgage
Pass-Through Certificates, Series 2006-F
^ AFFIRMATION IN SUPPORT
Plainliflf,

-against- Indei No.: 25477/2009


Michael Krichevsky, Capital Resources Corporation,
National Qty Bank,New York City Environmental Control
Board,New York City Parking violations Bureau,New
York Cit>' Transit Adjudication Bureau,

John Doe(Said name being fictitious, it being the intention


ofPlaintiffto designate any and all occupants of premises
being foreclosed herein,and any parties, corporations or
entities, if any,having or claiming an interest or lien upon
the Mortgaged premises.)
Defendants.

SeWemcnf Confcrence Held March 17,2010,May 19,2010,June 24,2010,July 7,2010,


August Ifi,2010,September 22,201O and Octaber 28,2010 defeudaut faded lo appear,
matter released from coirference part;

Ordered permission to proceed with Foreclosure on or about October 2«,2010.


Kent O. Markgraf,an attorney admitted to practice law in the Courts ofthe State ofNew
York,hereby aff=irms the foUowing to be true under the penalty ofpeijury:
I. That I am an associate with the firm of Frenkei, Lambert, Weiss, Wcisman &
Gordon,LLP,attorneys for the Plaintiff and am fully familiar with the facts and circumstances
hereinafter contained and submitthis afiSnnation in support of plaintifTs application to restore
this action to the Court's calendar; to vacate the Order ofthe Hon. Uwrcnce Knipel dated
August 1,2013;for an Order appointing a referee to compute the total sums due and owmg to
plaintiff; for a Default Judgment pursuant to CPLR § 3215;for an Order amending the caption

E
excising defendants. Capital Resources CorporaUon and the John Doe defendants;for an Order
amending,nuncpro time, plaintiffs name to U.S. Bank National Association,as Trustee for
Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2006-F and
amend the caption accordingly for an Order amending the Mortgage, nuncpro tune, by adding
the legal description from the deed; and for such other and further relief as to this court may
deem just and proper

2. As evidenced by the Summons and Complaint, copies of which are annexed


hereto as Exhibit"A",this is an action to foreclose a Mortgage on property located at 4221
AdanUc Avenue Brooklyn,NY 11224. ITie defendant,Michael Krichcvsky,executed a Note on
December 14,2005 in favor of Fairmont Funding,Ltd. As security for the Note, defendant,
Michael Krichevsky,executed a Mortgage in favor of Mortgage Electronic Registration Systems,
Inc., as Nominee for Fairmont Funding. Ltd. to secure payment ofthe principal sum of
$747,600.00. The Mortgage was recorded on December 21,2005 in CRFN 2005000701375 in
the Office ofthe City Register ofthe City of New Yoric. An assignment was than executed on
August 25,2009 into US Baitk, National Association, by an which was recorded on October 19,
2009 as CRFN 2009000339958,which was collected by a correction assignment cecorded
September 17,2013 in CRFN 2013000380865. Plaintilf is the holder ofthe Note and Mortgage
as plaintiff has been,and lem^s,in physical possession ofthe Note,since prior to the
commencementofthis proceeding. A Note and Mortgage may be transferred by either a written
assignment or the physical delivery ofthe Note prior to commencement ofthe foreclosure action.
The Mortgage passes vritb the debt as an inseparable incident. See flyer v. Sullivan,284 A.D.
697,134 NyS2d 521(1st Dept. 1954); Mortgage Electronic Registration Svs.fac. y. 41
AD3d 674,838 NYS2d 622(2nd Dcpt 2007);
2010). Copies ofthe Note, Mortgage and assignments arc annexed hereto as Exhibit"B".
3. A3 stated in the affidavit of Anisha N.Sims submitted herewith,prior to the
commencementofthis action,a breach letter was sent in accordance vrith the subject Mortgage.
A copy ofthe breach letter is annexed hereto as £xiubit "C". The letter was mailed via first
class mail Service by mail is deemed to Iw complete upon deposit ofsuch papers in the mail.
Watt V. New York Citv Jransit Authority. 97 AJD.2d466, 467 N.Y.S.2d655(2dDept 1983).
The notice states the default, the amount needed to cure the default,the time fifame by which the
default must be cured,the consequences ofdefendant's failure to timely cure the default and
defendant's right to assert any defenses to a foreclosure proceeding. Thus,the notice fully meets
all the requirements as outlined in paragraphs 15 and 22 of the Mortgage.
4. Pursuant to the affidavit of Anisha N.Sims the 90-day pre-foreclosure notice was
not sent to the borrower because the Complaint was filed before January 14,2010,and the lopn
exceeded Faimie Mae's confonning Joan amount A copy ofFannie Mae's Historical
Conventional Lunits is annexed hereto as Exhibit «D". Because the Plaintiff was not required to
send a 90-day pre-foreciosuic notice in this matter,it did not make any filing regarding said
notice with the superintendent ofbanks,
5 This action was commenced by(he filing of the Summons, Complaint and Notice
ofPendency in the Kings County Clerk's Office on October 8,2009.The Notice ofPendency
contained correctly and fuUy all ofthe particulars required by law to be stated and since the filing
ofsaid Notice of Pcndenc>', die Srnnmoiis and Complaint have not been amended in any manner.
A copy ofthe Notice ofPendency is annexed hereto as Exhibit"E".
6. All ofthe defendants were duly served with copies ofthe Summons and
Complaint and the foreclosure homeowner's notice in accordance with RPAPL §1303. The
Summons contained the language required by IIPAPL §1320. Moreover, the foreclosure
homeowner's notice, required by RPAPL §1303, was pmitcd on its own page,in bold 14 point
type with the titte ofthe notice in bold,20 point type on colored paper. The colored paper was
different than the color of the page upon which the Summons and Complaint were printed.
Copies ofthe afBdavits ofservice arc annexed hereto as Exhibit "F".
7. Mone ofthe defendants, exceptPNC Bank,N.A.successor by merger to National
City Bank,N.A. appeared, answered or made any motion raising any objection to the Complaint
and arc in default Their time to answer or appear was not extended by Court order or
stipulation. However,they are entitled to notice ofthis application pursuant to CPLR § 3215(g).
The defendant,PNC Bank,NA.successor by merger to National City Bank,N A.,appeared in
this action. TheNodcc of Appearance is annexed hereto as Exhibit"G".
8. The defendant, Capital Resources Corp., is no longer a necessary party defendant
Plaintiff is further unaware of any John Doe defendants. PlaintiffrcspcctfiiUy requests that this
: •• iv •
action be discontinued as against the defendant. Capital Resources Corp., and the John Doe
defendants and the caption of the action be amended accordingly.
» '■

9. A review of the recorded Mortgage annexed hereto as Exhibit B, revealed that


the legal description was not aflOxed to said document. The legal description contained in the
deed dated December 14,2005 and recorded December 21,2005 in CRPN 2005000701374
accurately describes the property. Said Deed is attached hereto as Exhibit "H". The deed and
the Mortgage were intended to describe the same property and thus reformation of the Mortgage
is warranted. Therefore, it is respectfully requested that the Mortgage be amended nuncpro time
to add to the legal description as contained in the subject deed.
10. Plaintifif has complied with the requirements of CPLR §3215(gX3)(I) by mmling
Ihc required additional notice to those individual defendants who have defaulted. The original
Affidavit of Additional Mailing is annexed hereto as Exhibit"I".
11 Settlement conferences were held in tliis matter on March 17,2010, May 19,
2010,June 24,2010, July 7,2010, August 16,2010,September 22,2010 and October 2S,2010
and plaintiff was permitted to proceed with foreclosure. Annexed hereto as Exhibit is the
Judicial Hearing Officer's Directive, dated October 20.2010,releasing this matter from the
foreclosure settlement conference part.

12. On December 30.2011.Frenkel,Lambert, Weiss, Weisman & Gordon,LLP were


as counsel for plaintiff. A copy ofthe filed Consent to Change Attorneys is annexed
hereto as Exhibit "K".

13. Due to damage from Hurricane Sandy,this matter was placed on aFEMA hold
from November 28,2012 until March 18,2013.
14. This office has filed simultaneously with the Court tlie required Supplemental
Attorney Affinnation pursuant to the Administrative Order ofthe Chief Adrainistiative Judge of
the Courts AO/431/11 directing plaindfts' counsel in residential Mortgage foreclosure actions
file a supplemental affirmation. A copy is annexed hcrelo as Exhibit "L".
15. On or about July 18,2013,your affiimanl's office received notice ofa status
conference scheduled for August 1.2013. A copy ofthe status conference notice is annexed
hereto as Exhibit

16. Upon informudon and belief, at a status conference on August 1,2013,the Hon.
Lawrence pinportcd to dianiaa this action withow prejudice pursuant to CPLR § 3215(c).
17. Due to an inadverteot error,a truncated version ofplainlifPa name was used when
the Summonsand Complaint was filed. Plaindlfrespectfully requests that the plainttfTs name
>•

be mmcpro tune, to U.S. Bank National Association,as Tnistee for Banc of America
Fnnding Corporation Mortgage Pass-lTirough Cfertilicaws, Series2006-F and that the caption be
accoidingly. Per CPLR § 2001,"at any stags ofan action,including filing ofa...
Summons and Complaint... the Court may pcnnit a mistake, omission, defect or iiregniariiy...
to be oortected (or]... ifa substantiai right ofa party is not prejudiced, the mistake, omission,
defect or irregularity shall be disregarded..
THE COURT FAILED TO COMPLY WITH REQUIRED
PttFmCATFS PRIOR TO DTOMISSING THIS ACHON

18. The q)pellaic Courts have held that a court's power to dismiss a Complaintsua
sponte is to be used sparingly and only in extraordinary circumstances.
Rmmflnuel,83 AD3d 1047,921 NYS2d 320(2d Dcpt 2011);HSBC Bank USA,NA v. Tafaei;,
104 A.D.3d 815,962 N.Y.S-2d 301 (2d Dcpt 2013).
19. Dismissal ofa Complaint for want ofprosecution is not warranted where the court
or a party seeking such reliefdoes not make a written demand of plaintiff to resume prosecutioa
V. Ch^nflTipo Vallev Cpntral School DKst,. 92 A.D.3d 1016,938 N.Y.S.2d 360(3d Dept
2012). A trial court's order directing plaintiff to file a Note ofissue is defective ifit does not
provide the requisite statutory notice as required by CPLR 3216(b)(3).li;see also Pergousova
Lone.37 A.D.3d 645,830 N.Y.S.2d 330(2d Dept 2007);Klevaaskaya v, Khammqva,21
A.D.3d 350,798 N.Y.S.2d 912(2d Dept 2005).
20 CPLR 3216 permits a coint to dismiss an action for wont of prosecution only after
the court or the defendant has served the plaintiff with a written notice demanding that the
plaintiffresume prosecution ofthe action and serve and file a Note ofissue within 90 days after
receipt ofthe demand,and also stating that the failure to comply with the demand wiU serve as
tho basis for a motion to dismiss the action. "Since CPLR 3216 is a legislative creation and not part

ofa court's inherent power, the failure to serve a written notice that conforms to the provisions of
CPLR 3216 is the failure of a condition precedent to dismissal of the action." Wasif v. IChan. 82

A.D.3d 1084, 1085,919 N.Y.S.2d 203,204 (2d Dcpt 2011)(internal citations omitted); sec also

Docteur v. Interfaiih Medical Center.90 '\.D.3d 814,815,935 N.Y.S.2d 114(2d Dept2011).

21, A matter will not be dismissed based on a claim of lack of prosecution unless the

party seeking such reliefcan anirmalively demonstrate thai it served a written demand on plaintiff
pursuant to CPLR 3216. Metcalfv.Progressive Ins..33 Misc.3d 1223(A),943N.Y.S.2d 792(Table)
(N.Y.Sup.2011). Moreover,"[i]n the absence ofa 90-day notice pursuant to CPLR 3216,restoring
a ca.se marked inactive is automatic." Andre v. Bonetio Realty Com.,ct al.,32 A.D.3d 973,975,822

N.Y.S.2d 292(2d Dept 2006); Transtcchnoloiiv Corp. v. Board of Assessors ofCounty of Nassau.
21 Ml.sc.3d 215,864 N.Y.S.2d 826(M.Y.Sup. 2008).

22. The conditions precedent to bringiiig a motion to dismiss for failure to prosecute

under CPLR 3216 must be complied with strictly." Frank L. Ciminelli Const. Co., Inc. v.

City of Buffalo, i 10 A.D.2d 1075,488 N.Y.S.2d 932,933(4th Dept 1985); Rauchwergerv.North

Shore University Hosn.. 18 Misc.3d 1105(A), al *5, 856 N.Y.S.2d 26(Table)(N.Y.Sup. 2007).

One such condition is that the wriilcii demand for a Note ofissue be served by registered or certified

mail. Where there was a failure to servo by registered or certified mail, then the notice is
jurisdictionally defective, prejudicial, and cannot be deemed a mere procedural irregularity.
Carlucci v. Carlucci. 140 A.D.2d 290, 5.27 N.Y.S.2d 540(2nd Dept 1988); 3,C,E.F. Realty Corp.

V. DeVema. 175 A.D.2d 118, 571 N.Y.S.2d 813(2d Dept 1991) ("[TJhe demand for service of a
Note ofissue wasjurisdictioMlly defective, os it was not served by registered or certified mail
and service was not acimowledged, thus resulting in prejudice to a substantial right ofthe
plaintifl")- Jmisdictional defects may no:be disregarded by the Court See Reed v, State of
New York. 147 A.D.2d 767,537 N.Y.S.2d 350(BdDept 1989); Baggett y. New York,
124 A.D^d 969,508 N.Y.S.2d 823(4th Dcpt 1986).
23 Your offinnant's office is not in receipt ofa Notice pursuant to CPLR 3216. As
such,in the absence ofproofthat the Court sent such e notice via registered or certified mail,this
action must be restored to tite calendar.

24. Furthermore,plaintiffis not in receipt or aware ofan Order dismissing this action.
25. Based on the foregoing, it is respectfully submitted that the Plaintiffhas
operated in good faith and has not abandoned this octioa
26. No previous application has been nmae for the relief requested herein.

WHEREFORE,it is respectfully requested

1. An Order to restore the action to tlie court's calendar as an active matter,and


2. An Order vacating the dismissal ofHon.JUwerenoe Knipel dated Augustl,2013; and
3. An Order,pursuant to RPAPL §1321,appointing a referee to ascertain and compute the
amount due to the plaintiffin this action for principal and interest on the Note and Mortgage used
upon and setforth in the Complaint and for any other expenses plaintiffhas or wUl incur affecting
said premises and that said sums so paid or to be paid be added to the sum otherwise due to the
plauitifif; take proofand to examine the plaintiffor the agent ofthe plaintiff under oath as to any
payments which have been made if any defendant be deemed an infant or absentee;to ascertain
and compute the ^ount due to plaintiffin accordance with the Complaint herein and to examine
and report whether Mortgaged premises can be sold in one parcel;and that said referee make
his/her report with all convenient speed; and
4. An Order amending the caption excising defendants. Capital Resources Corporation
and the John Doc defendants; and

5. An Order amending,nunc pro tune,plaintiffs name to U.S. Bank National


Association,as Trustee for Banc of America Funding Corporation Mortgage Pass-Through
Certificates, Series 2006-F, and amending the captton accordingly; and
6. An Order amending the Mortgage, nunc pro(tmc, by adding the legal description from
the deed;and

7.For the relief demanded in the Complaint;and


8. For such other and further reliefas this court may deem just and proper.

Dated: Bay Shore,Now Yoric


January 27,2014

Kent O. Marici
SUPREME COURT OF TlflE STATE OP NIIW YORK
COUNIY OF KINGS
Index No.: 25477/09

US Bank National Association, as trustee for Mortgage Pass-Tlirough


Certificates, Series 2006-F,
AFFIDAVIT OF
PiaintiJl*. SERVICE

-against-

Michacl Krichevsky, Capital Resources Corporation, National City Bank, New


York City Environmental Control Board, New York City Parking Violations
Bureau,New York City Transit Adjudication Bureau and JOHN DOE(said
name being fictitious, it being the intention ol plaintiffto designate any and all
occupants of premise being foreclosed herein,and any parties, corporations or
entities, if any, having or claiming an interest or lien upon the mortgaged
premises.)*

Defendants.

STATE OF NEW YORK )


)ss:
COUNTY OF NEW YORK )

Sabrina L. Oscar, being duly sworn,deposes and says that I am over 18 years ofage,1 am not a party to the action,
and I reside in New York County in the State of New York. On June 27,2014,1 served a true copy ofthe annexed
REPl.y AFFIRIVUTION

by mailing the same in a sealed envelope, with postage prepaid thereon, in an ofRcial depository of the Federal
Express within the Stale of New York, addressed to the last known address ofthe addressee as indicated below:
Michael Krichevsky
Pro Se Defendant
89 Fairvlcw Avenue
York NY 10040

Sabnina L. Oscar

Subsumed and sworn to before m^his 27^ day ofJune 2014.

Notary Public
PAMELA A. WEBSTER
Notary Public, State of New York
NO.0IWE5072915
Qualified in Queens County
Commission Expires February 10,2013

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9/28/2017 New York Supreme Court Case Detail

Michael Krichevsky
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SUPREME COURT
US BANK NATIONAL ASSOCIATION
KINGS COUNTY
V,
Index Number. 25477/2009
KRICHEVSKY.MICHAEL
Case Status: DISPOSED
ORDEReCOPY

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By MOTION, originally made returnable on NOVEMBER 04,


2015, A PARTY FOR PLAINTIFF MOVED THIS COURT, In
SUBSEQUENT MOTION PART, seeking the following relief:
Caso Details
DISCONTINUE ACTION This motion was decided on JANUARY
Filings & Fees 06. 2016 by Judge BERT BUNYAN
Appearances
Motions The Judge's decision is set forth in A LONG FORM ORDER This
decision was presented to the County Clerk for entry and filing on
Attorneys
MARCH 24, 2016. Please note that this presentation date is NOT
Print This Page THE DATE OF ENTRY. The Date of Entry, or filing date, by the
County Clerk appears on an actual stamped copy of the
decision/order Ci.c-- • • .. ^

Search Again According to court records, the motion was decided as follows:
As to the relief described as: DISCONTINUE ACTION,the motion
is GRANTED SETTLE ORDER ON NOTICE.

Complete Motion Appearance Activity:


On JANUARY 06, 2016, an appearance was held on this motion
before Judge BERT BUNYAN in MOTION TRIAL TERM 8 The
clerk marked the motion MOTION DECIDED-OPEN
APPEARANCE with the following additional com.'nents GSON;
Position: 85

On NOVEMBER 04, 2015. an appearance was held on this


motion before Judge BERT BUNYAN in SUBSEQUENT MOTION
PART The clerk marked the motion ADJOURNED] Position: 20

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/**N

STATE OF NEW YORK


SUPREME COURT COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE


FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-R

Plaintiff,
AFFIRMATION OF
REGULARITY

MICHAEL KRICHEVSKY,NEW YORK STATE


DEPARTMENT OF TAXATION AND FINANCE, Index No.: 506127/2016
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARKING
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

Pursuant to CPLR 2106,and under penalty of pegury Victoria E. Munian, Esq., aRinns the
following:

1. AfflTmant is an attomey with Woods Oviatt Oilman LLP the attorneys of record for
the plaintiffin the above entitled action.

2. The complaint in this action "wzs filed in the Office of the Clerk of the County of
Kings on April 18,2016.

3. This action is brought to foreclose a mortgage executed by Michael Krichevsky,


dated December 14 2005 and recorded in the Office ofthe City Register ofthe City ofNew Yoric on
December 21, 2005, CRFN 2005000701375. Said Mortgage was assigned by an Assignment of
Mortgage executed on August 25,2009 and recorded in the Office of the City Register ofthe City
of New York on October 19, 2009 in CRFN 2009000339958. A Corrective Assignment of
Mortgage was executed on August 29,2013 to correct the said Assignment recorded in the Office of
the City Register ofthe City ofNew York on October 19,2009 in CRFN 2009000339958 as relates
to the assignee. Said Corrective Assignment of Mortgage was recorded in the Office of the City
Register ofthe City ofNew York on September 17,2013 in CRFN 2013000380865.
4. On April 18, 2015 a notice of pendency was .tiled in the office of the Cleric of the
County of Kings and since the filing of the notice the complaint in this action has not been
amended.

{SI]S960:2}20160296
(5
I ;■• ' • , 5 • ; • . j/;/ ij/: •>' lf:.« \ '■ ■ A
5. Upon infonnation and belief, all of the defendants are of full age, none of the
defendants are of unsound mind and none of the defendants, who have not appeared, are absentees.

6i More than twenty days have elapsed since the due service of the Summons and
Complaint herein upon all of the defendants personally served and more than thirty days have
elapsed since the due service of the summons and complaint herein upon all of the Defendants
served by means other than personal service as appears by the proof of service filed previously, and
attached. That the time of the Defendants to appear, answer or otherwise move, with respect to the
Complaint has not been extended, and that none of the Defendants have answered to the Complaint,
and none of them have appeared in action except Michael Krichevsky, which appeared pro se, and
is requesting service of all papers.

7. Plaintiff has complied with the provisions of RPAPL §§1303 and 1320. As shown
on the Affidavits of Service on file in this action, the Defendants were served with a Summons
containing the notice required under RPAPL §1320 and with the s^aiate notice required under
RPAPL §1303 on colored paper.

8. Plaintiff has complied with the proviaons of RP.APL §§1304 and 1306. Plaintiff
issued the required notice pursuant to RPAPL §1304 on December 22, 2015. Thereafter Plaintiff
made the requisite filing under RPAPL §1306 with the Superintendent of Banks.

9. Plaintiff has complied with the provisions of CPLR §3408. As shown in the
Affirmation of CPLR §3408 Settlement Confeieiice submitted herewith, the required conference
was held on this matter and this matter was ther^er released from the conference to pennit the
Plaintiff to proceed with this foreclosure action. .

10. On December 16,2016, our office conducted a search with the Department of
Defense, Defense Manpower Data Center and confirmed that the Defendant Michael Krichevsky is
not in any branch of the military service on active duty at the present time. Affiant lacks sufficient
information to determine whether the defendants Jane Doe, and Maria Tomkevych are in active military
service.. A copy of the filed Affidavitof Investigator—Non-Military Status is annexed
hereto. On May 23,2017 our office conducted an additional search with the Department of
Defense, Defense Manpower Data Center and confirmed that the Defendant Michael Krichevsky is
not in any branch of the military service on active duty at the present time. Affiant lacks sufficient
infonnation to determine whether the defendants Jane Doe, and Maria Tomkevych are in active milllaiy
service. Said search results are annexed hereto.

11. That no previous application has been made for this or like relief.

12. Upon infoimation and belief there are 2 tenants on the premises who would be
included under the designation John Doe and as is shown on the attached affidavits of service the
actual names are Jane Doe and Maria Tomkevych.

13. Annexed hereto as exhibits are copies of the foUowing documents, vdiich exhibits
are spedfically incpiporaled herein and made a part hereof:

{SI1S360:2 )20160296
A. PlaindiTAffidavitofMerit
a) RPAPL §1304 90 Day Pre-Foreclosure Notice
B. Affidavit ofPossession ofOriginal Note
C. Note
D. Mortgage and an Assignments thereof
E. Notice ofDefault
F. Notice ofPendency
G. Summons and Complaint
H. Certificate of Merit
I. RPAPL §1303 Help for Homeowners Notice
J. Affidavits ofService
K. CPLR §3215 Affidavit ofMailing
L. Rejection ofAnswer
M. Filed Non-Military Affidavit and Search Results dated December 16, 2016 and
Additional Searches dated May 23,2017
N. Requestfor Judicial Intervention
O. SetUement Conference Release Order
P. Pooling and Servicing Agreement
Q. Power of Attomey

14. The undersigned affitms that the foregoing statements are true, under the penalties of
peijuiy.

WHEREFORE,your afilrmant prays for an order ofthis Court:

(a) Appointing a referee to detemune the amount due and ascertain whether the
premises can be sold in parcels;

(b) Adding Jane Doe and Maria Tomkevych,as party defendants to this action in place
of'*John Doe"and amending ofthe caption ofsaid action to reflect same;

(c) Deeming all non-appearing and non-answering Defendants in defiiult;


-fd) Such other and further reliefas the Court may deem just and proper.

Dated:-May 31,2017

amEsq.^
VfCtoria E. Munian,Esq.
Attorneysfor Plaintiff
Woods Oviatt Gilxnan LLP
700 Crossroads Building
2State Street
Rochester,NY 14614
Tel.:(855)227-5072

(SI133602)20160296
STATE OF NEW YORK
SUPREME COURT:COUNTY Of KINGS

U.S. BANK NATIONAL ASSOCIATION,AS


TRUSTEE FOR BANC OF A.\4ERICA
FUNDING CORPORAllON MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES
2006-F,
AFFIDAVIT OF MAILING
PlaintijOT,
INDEX 506127/2016
V.

MORTGAGED PREMISES:
MICHAEL KRICHEVSKY,NEW YORK STATC 4221 Allaniic Avenue a/k/a 4219-4221
DEPARTMENT OF TAXADON AND Allaniie Avenue
FINANCE.LWTED STATES OF AMERICA BY Brooklyn,NY 11224
THEINTERNAL REVENTJE SERVICE,CITY
OF NDW YORK PARKING VIOLATIONS
BUREAU,
And JOHN DOE,

Defendants.

I.tiiitoA being duly sworn,deposes and says:

I am noi a party lo ihe action,am over 18 years ofage,and reside in Rochester, New
York.

On May ?l Urt . I served a copy ofthe Notice of Motion for Order of Reference
and all relatingdocume^ to the above matter in a sealed envelope, with postage prepaid
thereon, in a post office or depository ofthe United Stales Postal Service within the Stale ofNew
York,addressed to the last known address ofthe individuals as indicated below.

TO:

Michael Kiichevsky
4221 Atlantic Avenue a/k/a 4219-4221 Atlantic Avenue
Brooklyn, NY•11224

New York State Department ofTaxation and Finance


W.A. Hamman State Campus
Albany.NY 12227
Beth P. Schwartz
271 Cadman Plaza East
Brooklyn,NY 11201

($115391 )
City ofNew York Parking Violations Bureau
210 Joralemon Street, First Floor
Brooklyn, NY 11201

Jane Doe
4221 Atlantic Avenue,2nd Floor
Brooklyn,NY 11224

Maria Tomkevych
4221 Atlantic Avenue
Brooklyn. NY 11224

Clerk

Sworn to before me this g\ day of ^ 2017.


LAUREN M.VITO
Mota>y PidJiic*stale ol New Vnk
Na0lVtB332942
Notary Public ChiaGftedinitoffoeCoun^ ^
My Cwnmlsston E^dtes Novemto9.ZCLH
Re: Affidavit ofMailing of Motion for Order ofReference
WELLS FARGO BANK,N.A. vs. KRICH^VSKY,MICHAEL,et al.
Kings Co. Supreme Court ^ 506127/2016

{5II$39]:)
EXHIBIT F
Supreme Court ofNew York
Kings County

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2006F, Affidavit of Truth in
Plaintiff. Opposition to Motion for
Order of Reference

-against-

Michael Krichevsky,et al.


Falsely Accused.

Supreme Court ofNew York)


Kings County )ss.:

Michael Krichevsky, Sui Juris, being duly sworn to God.deposes and says:

1. I am alive man,the Falsely Accused in the within action.

2. I have first-hand knowledge to make this affidavit in opposition to the within motion for

order of reference and ifcalled as a witness I can competently testify as follows below.

3. In fact,I am the only one amongst people involved in this action with first-hand knowledge

to lawfully sign non-hearsay, admissible affidavit or affirmation without intention to mislead and

without creating peijury and/or fraud on the court As a man. non-member ofthe BAR,I am not

bound by its private membership rules(NY CPLR)designed by the BAR specifically for attorneys

to make profits for themselves who have paid assistants to help them make answers to the

complaint within 20 days; and whosejob is to submit their clients to the jurisdiction ofthe court

without client*s informed knowledge and consent. I do not submit to jurisdiction ofthis court.

4. Now,I demand Woody Dorsonne's surety bond from Attorney who hired him.
Good faith, non-frivoloiis Notice and Affidavit of Negative Averments in opposition to
affirmation of regularity by Victoria E, Munian,Esq., together with her supervisors, other
presumed readers or proof-readers of her affirmation
Notice To Opponents/Libellees

It is not my intention to: HARASS,INTIMIDATE,OFFEND,CONSPIRE,


BLACKMAIL,COERCE,or cause ANXIETY,ALARM or DISTRESS,albeit this is
what I have experienced and am experiencing presently due to this lawsuit. This
affidavit of truth and exhibits together with my omnibus cross-motion are presented
with honorable and peaceful intentions, and are expressly for your benefit to provide
you with due process and a good faith opportunity to state a verifiable claim or quit. I
have the authority to settle such claim outside of court,or bill attorneys for a variety
of wrongs,claim/counterclaim against attorney, demand that attorney produce on
the record a power ofattorney to act,or be treated as principal wrongdoer with false
claim, AKA extortion on the record of this court.

Notice: It is a felony to knowingly file forged or false instruments in City Register and
especially the court.

5. To demonstrate this law,read what happens in real life, which described in Merin v. City of

New York,2016 NY Slip Op 31161:

'The essential facts underlying the complaint are not in dispute. Plaintiff is the
owner ofa private home located at 226-08 141st Avenue in Queens County. She
obtained title to the property as sole heir and devisee ofthe estate ofone Ida
Hershman. On March 6,2014,one Darrell Beatty filed a fraudulent Real Property
Transfer Report with the City Register indicating a sale ofthe property in 2013 to
him from one Edith Moore and on March 20,2014 filed a fraudulent deed with the
City Register. Thereafier. Beatty broke into the home,changed the locks and took
up residency. Upon going to the home to inspect it, plaintiff discovered that the
locks had been changed and she called the police to report a burglary. When the
NYPD arrived, Beatty, who was present at the premises, produced the fraudulent
deed,and the officers refused to arrest Beatt)' for burglary and lefi.'"

6. I am alarmed,outraged and believe that alleged plaintiffand its alleged attorney are putting

me through the similar crime situation in this lawsuit.


7. As to ^lofabove said affirmation of regularity: 1 deny allegations because I have no

evidence on the record or first-hand knowledge that Victoria E. Munian,Esq., and as employee of

WOODS OVIATT OILMAN,LLP., has any authority to represent Plaintiffin this action. In fact,

I claim that the Plaintiffin caption above does not exist even as a legal fiction because several

month ago, I demanded identifying information from Victoria E. Munian, Esq. to verify the

existence ofsuch Plaintiffand her lawful authority to represent it, but did not receive it.
«?■-
8. 1 infer that she failed and ignored my demands because she had sufficient time to produce

such information. However, 1 did not receive anything from her to satisfy these demands, nor did 1

receive any objection to my demands.

9. As such, I am alarmed, outraged and infer that she has/had nothing to give me to satisfy my

demands and could not lawfully object by stating any ground for objection in order not to

acknowledge these demands on the record.

10. Had she acknowledged these demands on the record and objected, she knows, she would

have created a record for appeal and of her personal fraud and deceit. This in turn would be an

evidence guilty knowledge and mens t ea. Therefore, I infer that she willfully and knowingly

went silent to my demands to disclose identity and authority to represent alleged Plaintiff in order

to appear only negligent or only incompetent attorney to avoid possible criminal prosecution.

11. In addition, in my affidavit in support of cross-motion (Exhibit A), which I fully

incorporate by reference herein, I demanded that she cease and desist her illegal action, but

received no objection or affirmative explanation why I am wrong and why she would continue.

12. Cunent Plaintiff s attorney, Victoria E. Munian. Esq., writes in the certificate of merit:

"1.1 am an attorney at law duly licensed to practice in the State of New York, and
am affiliated with the law firm of Woods Oviatt Oilman LLP, attorney for plaintiff
U.S. Bank National Association, as Trustee for Banc of America Funding
Corporation Mortgage Pass-Through Certificates, Series 2006-F in this action."

13. She further writes:"On April 6. 2016 I consulted about the facts ofthis case with the

following representatives of plaintiff: Daniel V.Edward. Vice President of Loan Documentation."

14. Prior to producing my answer with counterclaim, in good faith. I called Victoria E.

Munian. Esq. at her office and attempted to inform her about the history of prior fraudulent

litigation, its outcome and about other issues 1 raised herein. After a few minutes into our

conversation, she abruptly ended it aher I started talking about plaintiffs identity.

15. On March 1,2017.1 called WOODS OVIATT OILMAN,LLP. and asked receptionist for

information about US Bank. No one could find any information such as name, mailing address or

telephone number ofPlaintiff in firm's computer system.

16. Another staff member directed me to call Wells Fargo at 800-416-1472. No one at this

number was able to help me and worker there directed me to call Wells Fargo at 866-234-8271. No

one at that number would identify Plaintiff and give me any contact information.

17. Based on the foregoing, 1 aver that U.S. BANK NATIONAL ASSOCIATION. AS

TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION MORTGAGE

PASS-THROUGH CERTIFICATES,SERIES 2006F does not exist, and therefore demand its

articles of organization or formation together with information from the federal territory or state

under which it registered.

18. In addition, 1 conclude that some shadow entity, I cal Interloper, together with attorneys

conspired and knowingly engaged in criminal fraud, harassment and plunder of Falsely Accused's

estate using the court as confidence game or weapon ofcrime.

Argument: Attorney Victoria E. Munian,Esq. used DOG — LATIN to concoct this


fraudulent complaint.
Law Dictionary: What is DOG-LA TIN?
The Latin ofilliterate persons; Latin words put together on the English grammatical system, which
is impossible, but it does create the "PRESUMPTION OF LAW"....NOT-THE-FACT...

19. Who or what"U.S. BANK NA TIONAL ASSOCIATION. AS TRUSTEE FOR BANC OF

AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES,

SERIES 2006F" is as named plaintiff on the caption ofthis complaint? This plaintiffs name is

gibberish called "DOG-LATIN:The Latin of illiterate persons: Latin words put together on the

English grammatical system"- Black's Law Dictionary 4" Edition(page 569). It is an old trick

known to our Founding Fathers. From letter of Thomas Jefferson to John Adams:

"I had supposed them defunct with the society of Jesuits, of which they were: and
that their works,although above ground, were, from their bulk and insignificance,
as effectually entombed on their shelves,as if in the graves of their authors.
Fiffy-two volumes in folio, of the acta sanctorum, in dog-Latin, would be a
formidable enterprise to the most laborious German."

20. Plaintiffs name is also a "GLOSSA VIPERINA EST QUIE CORRODIT

VISCERATEXTUS. 11 Coke.34. It is a poisonous gloss which corrupts the essence ofthe text."-

Black's Law" Dictionary 4"^ Edition (page 820). It looksjust like English, but grammatically is
wrong, upper case styled Dog-Latin foreign text.

21. Attorneys knowingly violated maxim of law: Propreietates verborum servandae sunt-the

proprieties of words[proper meanings of words] are to be preserved or adhered to.

22. U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR BANC OF AMERICA

FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES,SERIES

2006F,is DOG - LATIN,which means nothing in the English Grammar language. Victoria E.

Munian,Esq. is aware ofthis as I notified her ofthis misconduct in my answer with counterclaim

and cross-motion. To add more insult to the injury, instead ofamending her complaint,she

rejected my answer with counterclaim without stating that her alleged client asjuristic person was
23^ surprised and/or prejudiced by my iate answer.

24. Thereafter, she rushed intojudgment by filing motion for order ofreference.

25. She knows, had she alleged said surprise or prejudice to dead legal person,she would look

like mentally incompetent attorney. Hence. Victoria E. Munian, Esq. chose to ignore my objection

and appear rather negligent.

26. In my affidavit for cross-motion, 1 referred Victoria E. Munian, Esq. to the Chicago

Manual of Style to show her DOG-LATIN deceit. No reaction followed and she did not cease and

desist. This time, I refer her to New York Style Manual copywrited by the New York State Unified

Court System. She as New York attorney must follow it. In it, there is no occasion where legal

person's or man's name is styled in ALL CAPITAL LETTERS as in DOG-LATIN.

Argument: It is a felony to knowingly file forged or false documents with any public office,
especially the court in order to sue for money.

27. I have/had no contract or trustee agreement, nexus or knowledge of U.S. BANK

NATIONAL ASSOCIATION. AS TRUSTEE-alleged fictitious plaintiff, nor did I ever have any

contract or trustee agreement,or nexus with falsely implied trust with self-contradictory corporate,

DOG-LATIN name BANC OF AMERICA FUNDING CORPORATION MORTGAGE

PASS-THROUGH CERTIFICATES,SERIES 2006F [emphasis mine]. I believe that there is no

trustee agreement in reality naming beneficiaries as"MORTGAGE PASS-THROUGH

CERTIFICATES,SERIES 2006F" because it is just some dead pieces of paper, and therefore I

cannot be joined with paper by legal fraud.

28. ^ 1 ofaffirmation of regularity is anecdotal allegation, which was started by Victoria E.

Munian's Esq. predecessor-Steven J. Baum,P.C.(disbanded by New York Attorney General)in

2009 foreclosure case against me. Again,case was abandoned and subsequently dismissed (see my
answer with counter-claim and affidavit for cross-motion for details). Today, Victoria E. Munian,

Esq. continues repeating said anecdote. She. being duly sworn,essentially states that she,as

attomey from WOODS OVIATT OILMAN,LLP.,re-presents federal corporation US BANK

acting as trustee, who in turn(as trustee), re-presents another corporation acting as trust. And,that

these trustee and trust are serving some numbered pieces of paper as beneficiaries. This is

absurdity and Munian is aware ofthis fraud. Evidently,said alleged corporation is not the lawful

trust by legal definitions ofcorporation and/or trust, which alleged Plaintiff falsely claims to

represent us trustee. Indeed,ajuristic fiction can be a trust as'juristic person,' but fiction cannot be

alive trustee because it is dead, fictitious entity. It has no brain. It cannot walk and talk or sign

documents- only man or woman can swear an oath oftrustee and sign a document. Admittedly by

pleading of Victoria E. Munian, Esq., named plaintiff"U.S. BANK NATIONAL

ASSOCIATION,AS TRUSTEE,"is thejuristic person,a mental concept- not a man or woman as

trustee, hence this is the reason she stubbornly refuses to produce trustee's identity and/or

registration(government issued photo IDs) because ID does not exist. She then continues her

deceit by implying that plaintiff(non-existent entity) hired her law firm to re-present alive trustee

in this court.

29. Everyone involved against me knows or should have known as professional that the

caption ofa case is not the place where attorney would plead identity, legal status and standing of

plaintiffand defendant,especially using GLOSSA and DOG-LATIN. There is a place within the

body oftext ofthe complaint headlined PARTIES where attomey must plead such elements of

jurisdiction and joinder. Instant complaint is disgrace for WOODS OVIATT OILMAN,LLP.,

who claims to be the law firm ofSupper Lawyers. Because ofthat and because ofstubbom refusal
to correct its pleading, 1 rule out professional incompetence in pleading and infer crimes against

the public, the court and me offraud upon the court by officers ofthe same court.

30. As such, WOODS OVIATT OILMAN,LLP violated my right to privacy and to be left

alone-free from harassment and plunder of property. On the other hand, I have a right to treat this

action as frivolous, fraudulent'smoke and mirrors' action fabricated by attorneys involved, who

stubbornly refuse to disclose who alleged plaintiffreally is.

31. If I cut through the clutter of'smoke and mirrors' oftrustee and trust, the court and 1 would

arrive at the following ridiculous conclusion: some dead pieces of paper make or have a claim

against alive man for money or for man's house. Based on the foregoing, 1 was never in alleged by

Victoria E. Munian, Esq. default with my answer. Furthermore, Judge Noah Dear, who knows of

this fraud, lacks authority and jurisdiction to perform any act other than the sua sponte minisierial

act of dismissal ofthis foreclosure action per your own BAR's CPLR §3211 (a),(2),(3).(5),(7),

(8); and dismiss the action upon the grounds of fraud, misrepresentation, misconduct and due to

attempted fraud upon the court by officers of the same court.

Argument: Because alleged Plaintiff-trustee and implied trust as juristic persons, both do
not exist in reality as a matter oflaw,and interloper is stubbornly hiding behind them,none
of them can allege and prove damages without exposing criminal scheme of all involved to
get my house *for free.^

32. For more than 10 years, 1 have unchallenged possession of my property. In addition, 1 have

verifiable private claim and lien on the house and land of at least $1,000,000 from my 40IK

retirement fund together with other funds and sweat equity 1 have invested in construction and

renovation of my properly after two hurricanes in 2008 and 2012. Now,comes along some

third-party, undisclosed criminal interloper(s), who is hiding behind attorneys as front and all are

trying to manipulate and use this court to defraud me and get my house *for free' as in detail shown

in Merin v. City ofNew York above. This is so because as evidenced in this complaint, the pleader
by attorney (third-party undisclosed interloper) never alleged any damages or financial loss as the

result of my alleged breach, which breach 1 deny,denied in my answer with counterclaim and in

omnibus cross-motion. The pleader deceitfully attempts to imply damages,and therefore a right to

foreclose. Alternatively, pleader expects that this court presume pleader's interest or investment in

my property - nothing can be further from the truth.

33. Fact, nowhere in the instant complaint, has the pleader alleged and/or verified by

signature that I have received a loan, money,cash,check or other valuable consideration for

allegedly signing implied here contract with dead pieces of paper.

34. Had the pleader expressly claimed any of these elements ofcause ofaction, the pleader

would have to come forward with verifiable proofofclaim by man or woman on the record in

order to back up controversy that interloper and attorneys created.

35. Attomeys andjudges are well aware from law school courses ofsuch requirement to

sustain cognizable controversy: no damages- no legal action or subject matter to adjudicate. This

is why damages only implied by the pleader's attorney, Victoria E. Munian, Esq., in order not to

alert me,non-bar member,sued herein to such important element ofany cause of action. Lack of

these elements therefore, would be the affirmative defenses of lack ofconsideration or duty to

perform. Any stranger can allege that I am in contract with that stranger and produce a fake

contract. But,and it is a big BUT.stranger cannot show the court a proofofclaim. See H 4 ofthis

negative averment affidavit.

36. Because attomeys, who concocted this action,as officers ofthe court, failed in assisting

this court in its truth finding function, this court lost its presumed personal and subject matter

jurisdiction ofthe case and case must be dismissed with prejudice for, among other things, failure

to state a claim per own BARs CPLR §3211 (a),(2),(3).(5),(7),(8); and dismiss the action upon
the grounds ofcriminal fraud, misrepresentation, misconduct and due to attempted fraud upon the

court by officers ofthe same court.

37. As to H 2:1 have no first-hand knowledge to admit or deny this allegation. 1 have no idea as

to attorneys' expectation to how many times this court would violate the law and allow plaintiff

willfully change dates ofcalling its alleged debt due and owning. Apparently,attomeys expect that

they would not be sanctioned for willfully changing those dales and starting numerous vexatious

litigations. According to law ofdoctrine of Judicial Estoppels and Estoppels by Latches, plaintiff

cannot change these dates even one time. This is excerpt from alleged plaintifTs US BANK 2009

foreclosure complaint against me, which is a matter of public record and infonnation (notice the

DOG-LATIN style of my name, which is in reality not my sui juris name, but rather capitis

diminutio maxima:

"FIFTH: That the Defendant MICHAEL KRICHEVSKY so named, has/have


failed to comply with the conditions ofthe mortgage and note by failing to pay
principal and interest and/or taxes, assessments, water rates, insurance premiums,
escrow and/or other charges that came due and payable on the 1st day of May,
2009 as more fully set forth below. Accordingly, Plaintiff elects to call due the
entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:
Principal balance: $746,256.13
Interest Rate: 6.5%
Date interest accrues from; April 1,2009
Escrow balance; $160.68
Late charges: $323.36
Inspection fees; $15.00"[emphasis mine]

38. If I presume that the date of filing of this complaint is true, this complaint must be

dismissed with prejudice per BAR's own CPLR §3211 (a)(5)as six-year statute oflimitation

expired in 2015 when alleged plaintiff voluntarily dismissed its action (in silent admission of fake
mortgage and note),thereby creating Estoppels by Latches(see my answer with counterclaim and

affidavit for cross-motion for details).

Argument: Corrective assignment of Mortgage in 2013 is an evidentiary admission that


assignment of Mortgage and recording it in City Register in 2009 was not lawful.

39. As to ^ 3:1 have no evidence or first-hand knowledge of lawful assignment of alleged

mortgage in 2009 and/or other papers, on which attorneys relied in 2009 and rely in this action

today.

40. I have no evidence, knowledge or logical explanation from anybody involved as to the

lawful purpose ofcorrecting assignment made in 2009.1 have no obligation to guess what was

wrong with it then or now,and why in 2013 it required correction. I can only suspect some

undisclosed evil motive to cause me harm. In fact, I have first-hand knowledge that papers filed in

this action are fake,just like fake news by mainstream media. Therefore,I deny and object to these

compounded allegations as fraud upon the court by officers ofthe same court. Particularly, I am

offended and deny Victoria E. Munian's. Esq. bearing false witness- unlawfully swom,hearsay

or perjurious testimony camouflaged as argument that 1, Michael Krichevsky, in 2005 executed

mortgage(attached to her motion)since she did not witness alleged act ofsigning it by myself.

She,as attorney, is testifying about matters beyond her personal knowledge and therefore lacks

competence to testify. Because ofthat, I have noticed her for deposition in this court on November

13,2017 in order to put her under oath so 1 may cross-examine her as to the source of her

knowledge and whether she spoke to the man or woman who saw me signing that mortgage and/or

note.

41. She did not appear on November 13,2017 in this court to argue her motion even though she

wrote and signed it, and in notice of motion stated that she will move the court. Upon information

and belief,she resides in Rochester, New York. This would be about 8 hours drive to New York.
As such,I conclude that she never intended to appear in this court and move it, which is fraud upon

the court by officer ofthe same court. Accordingly, her motion for reference must be stricken.

42. As oftoday,she did not withdraw her affirmation in support oforder of reference, as her

predecessors did in 2015.

43. As oftoday, I have received no objection to the deposition from her. Now I conclude that

she is in contempt ofcourt. According to maxim oflaw: external actions reveal internal motive, 1

conclude that she is acting in bad faith and has guilty knowledge ofher personal crimes against the

public, the court and me.

44. Because ofthe foregoing, I object to her continuing contempt ofcourt and deceit by

implying that somebody with authority to assign the mortgage did lawfully assign it on August 25,

2009 and recorded in City Register. I contend that said assignment was made by interloper for the

purpose offoreclosure by Steven J. Baum,P.O., which alleged plaintiff started in 2009.

45. According to maxim oflaw-once a fraud is always a fraud, no corrective assignment by

some interloper made in 2013 can undo fraud and damage done by illegal or unlawful assignment

by other interloper made in 2009. Again,see ^4 above ofthis negative averment affidavit as

rebuttal ofpresumptions ofcredibility, legality and authority to assign and record anything in City

Register. Again,cited Merin v. City ofNew York case law conclusively shows that act offiling

documents in City Register, can be made by interloper and that City Register does not verify

legality ofcontent offilings. The case also shows that act of filing papers in City Register is not an

evidence of authority and legality to act and file. However, it does show and create the fact, albeit

undisclosed, that whoever filed and/or directed creation of corrective assignment in 2013 knew

something that 2009 assignment was not legal and/or lawful, hence the 'correction* as smoke and

mirrors to cover up fraud upon the court in 2009 and in present. Based on the foregoing Corrective
Assignment must be stricken as unlawful and void.

Argument: Act offiling Corrective Assignment in City Register and pleading this fact in this
affirmation is another *smoke and mirrors' by attorneys, which fact is evidentiary irrelevant
since the fact offiling does not tend to prove the alleged default or authority to foreclose,
unless it is an evidence creating undisclosed presumption against me,which would be
another instance offraud upon the court by officers of the same court

46. I have no evidence or knowledge as to why Victoria £. Munian, Esq. in her affirmation of

regularity stresses the fact ofrecording said corrective assignment in City Register. I have no

control ofCity Register. City Register is used to publicly register ownership or liens. However,the

City Register does not determine whether the filing or correction document is lawful or authorized.

As such,I contend that whatever was filed in City Register without my knowledge and consent

does not create presumption or prove that I knew about or approved these filing. I contend that

these filings do not conclusively bind my property or me to this lawsuit. These filings, including

notice of pendency,constitute an intention and act to cloud the title on my property with the goal to

damage my ability to use it as collateral for any of possible business activity. Accordingly,1 have a

claim against attorneys who performed this tort. 1 challenge Victoria E. Munian,Esq.to inform me

and explain why this act of filing notice of pendency in City Register is materially relevant

evidence of my liability in this foreclosure action; and how it will lawfully help her get my

property 'for free.' I will wait for a reasonable time for that particular reply in order to amend or

supplement this affidavit. If nothing follows. I will move to strike this ^ 3 of her affirmation of

regularity as irrelevant, bazaar and prejudicial to my defense as'smoke and mirrors'.

47. Furthermore I repeat, due to law enforcing authorities uncovered fraud upon the court by

Steven J. Baum,P.C,2009 action was consequently abandoned due to their admission ofevidence

fabrication and other wrongdoing. 1 repeat,just because some interloper, who tum out to be an

attorney from Steven J. Baum,P.C recorded fraudulent assignment of my property to somebody


else in City Register without my knowledge and consent does not deprive me of my possession or

give the authority to foreclose. These assignments do not automatically prove or act as an

evidentiary proofofauthenticity and/or legitimacy of filed documents used in this litigation.

Argument: Victoria E. Munian,Esq. and/or employees of WOODS OVIATT OILMAN,


LLP.silently admitted to icnowledge that filed by them mortgage and note are forgeries
and/or materially altered

48. Victoria E. Mimian,Esq. and/or any employee of WOODS OVIATT OILMAN,LLP. as

officers ofthe court hand a duty ofdue diligence to read my answer with counter-claim. There, 1

notify them about fake documents that they used to start this action. I expected that somebody

from WOODS OVIATT OILMAN,LLP. will contact and interview me since I made very serious

averments of criminal fraud and forgery by their alleged client. 1 expected that they would file a

motion to stay this proceeding or refrain from moving in any way,and instead attempt to

investigate my contention as this is for their benefit and it is their fiduciary duties as officers ofthe

court to assist the court in its truth finding function.

49. Presumably, WOODS OVIATT OILMAN,LLP. did not concoct the AFFIDAVIT OF

POSSESSION OF ORIOINAL NOTE(attached as exhibit B to their instant motion). It is made by

one Jeremiah Herberg from South Carolina. In my opinion, the affidavit is compound, vague and

evasive by design, and therefore does not qualify as affidavit with first-hand knowledge. The

maxims oflaw are very clear on how ambiguity destroys legal certainty. Therefore,said affidavit

is void as is and must be stricken from the record.

50. Because, presumably, WOODS OVIATT OILMAN,LLP were not present when Herberg

did his work on that affidavit, I expected that WOODS OVIATT OILMAN,LLP. would contact

him, meticulously try to investigate this matter and, in good faith, get back to me with their

findings whether the note is forged,altered and/or redacted, or whether it is not.


51. I have studied a recent case AMUSEMENTINDUSTR Y. INC. v. Stern^ Dist. Court,SD New

York 2013 involving banks, loans, conspiring attorneys, inferences offraud, wire fraud, forged

signatures, fake assignment and promissory note used to defraud a person. There 1 read:

'it is sufficient to come within the exception that the client intended to use the
attorney's services in furtherance of a crime or fraud even if the attomey was
unaware ofthis purpose. See Clark,289 U.S. at 15("The attomey may be innocent,
and still the guilty client must let the truth come out.")(citing cases); Shahinian v.
Tankian,242 F.R.D.255,258(S.D.N.Y.2007)("It is not necessar>'to show that the
attomey was aware ofthe improper purpose.")(citing In re Grand Jury Subpoena
Duces Tecum Dated Sept. 15,1983.731 F.2d at 1038);S.E.C, v. Herman,2004 WL
964104, at *2(S.D.N.Y. May 5,2004)("The pertinent intent is that ofthe client,
not the attorney.")(citations omitted). Moreover,the crime or fraud for which the
client used the attorney's services need not be the subject ofthe underlying"
lawsuit. See generally Antidote Infl Films, Inc. v. Bloomsbury Publ'g, PLC,242
F.R.D. 248,250-51 (S.D.N.Y. 2007).

52. The case goes on to say:

"A person commits forgery "when, with intent to defraud, deceive or injure
another, he falsely makes,completes or alters a written instrument." N.Y. Penal
Law § 170.05.[5]"In essence, the crime offorgery involves the making,altering,or
completing ofan instrument by someone other than the ostensible maker or drawer
or an agent ofthe ostensible maker or drawer." People v. Levitan,49 N.Y.2d 87,90
(1980). As a general rule, "there can be a forgery only ifthe actor is not the
ostensible maker or drawer ofthe instrument and is not authorized by that person to
either make,complete or alter the instrument." Id. at 91."

53. After reading it and in conclusion. 1 have become alarmed, outraged and suspicious

because 1 have received no reaction to my answer with counterclaim dated March 3,2017,except

quick rejection of my answer and counterclaim dated March 17,2017. The notice ofrejection

stated that the ground for rejection is untimely answer. No mention that they investigated my claim

offraud and forgery by their client. Evidently, they chose some procedural technicality of

untimely answer as very important fact for the court to judicially notice versus the fact of possible

crimes against the public, the court and me by their client. So, 1 infer per AMUSEMENT

INDUSTRY, INC v. Stern that WOODS OVIATT OILMAN. LLP's intention is to "see no evil"
and create "blissful ignorance and/or plausible deniability" of ultimate facts ofthis case. It is

axiomatic that investigation could expose and prevent them from getting my "house for free."

54. Based on the above. I conclude that they knowingly use fake documents in this case, and

therefore do not intend to investigate themselves or interloper(s) behind them.

55. In fact, I have received no reply from Victoria E. Munian, Esq. or from any employee of

WOODS OVIATT OILMAN,LLP. directly rebutting point for point my averments that mortgage

and note arc fake and forgeries. The only reply mentioning these forgeries is in Munian's REPLY

AND AFFIRMATION IN FURTHER SUPPORT OF MOTION FOR ORDER OF REFERENCE,

Exhibit B. This afHrmation is also defective since there is no affidavit in support of her

affirmation from officer ofalleged plaintiff, on which she can base her argument of whether the

note and mortgage are fake or not.

56. I have received no sworn statement from independent forensic expert that mortgage and

note are not forged, altered or redacted. Her attorney-coworker's certification is inadmissible

smoke and mirrors. In Trinsey v. Pagliaro D.C.Pa. 1964.229 F. Supp.647,thejudge eloquently

explains attorney's deceit by stating: "An attorney for the plaintiff cannot admit evidence into the

court. He is either an attorney or a witness". Accordingly, WOODS OVIATT OILMAN,LLP. is

disqualifled from this case by operation of law due to conflict of interest and violation of BAR's

own NYRPC ADVOCATE-WITNESS rule and this court should not proceed any further.

57. To add more insult to the injury, in above said affirmation. Munian makes logically

fallacious 'straw man' false and misleading statements of her own creation. I did not make a

statement in the way she writes or interprets my affidavits. Based on her statements she creates the

'straw man' arguments. Then,she conveniently begins to rebut her own statements and arguments

below:
*'9. The Defendant alleges that the prior note that he inspected is not the same as the one he
inspected during the prior action,[gibberish]
10. Even though the Defendant waived any standing argument by failing to timely appear
in this action, the argument is still without merit as attached to Plaintiffs Complaint as
Exhibit C is an attomey certified copy ofthe note, which is evidence that the properly
endorsed note was in possession ofPlaintiff prior to commencement.Nationstar Mtg.,LLC
v. Catizone, 127 AD3d 1151,1152 (2"*^ Dep't2015)."[comment is mine]
58. In this reply, H 9 is false because in my answer with counter-claim and affidavit for my

cross-motion, I averred with prolonged particularity that the signature on the purported original

note produced by non-existent plaintiffin prior action, which 1 have examined in open court, was

not my authorized signature. 1 said in court that most likely that was rather robo-signature made by

forger or by signing machine sold in abundance by the banks.

59. In addition, I averred that the note in endorsement area had the sign ofalteration or

redaction by using "'white out"" substance sold in stores. Altered endorsement area would be

'material alteration.' Needless to say. that would be considered as an attempt to cover up some

wrongdoing, which would be the reason why by operation oflaw the note is void as is. Every

reasonable person knows that no bank would honor a check that has"white out"alteration area on

endorsement. Accordingly, Munian failed to rebut point for point these sworn averments she

misleadingly call 'allegations' to diminish significance ofthose facts. Nowhere has she mentioned

'white out.'

60. In addition,among other things, 1 averred with particularity that all assignments,including

corrective assignment were not authorized,and therefore are null and void for fraud upon the court

by officers ofthe same court(see my affidavit for cross-motion for details). I averred that

self-serving attorney's hearsay certification is not the evidence of note's authenticity, but rather

smoke and mirrors in an attempt to use inadmissible or fake documents.

61. 1 also attacked discrepancies and gaps between stamps and signatures on purported original
note I have examined in prior dismissed action and the copy of purported original note attached to

this complaint and motion since there can be no two 'originaf notes that I allegedly signed.

Alternatively, if plaintiff claims that it is in possession ofthe two original notes I signed for the

same loan, it must be stated clearly on the record or at least one note is a forgery in plaintiffs

possession.

62. Munian did not rebut these issues point for point as well.

63. As such, 1 aver that 1 have received no rebuttal or logical explanation Irom any attorney as

to why altered by 'white out' or redacted by 'blacked out' notes used by them in the lawsuits is/are

not void by operation oflaw and why these averments are false or erroneous. According to maxim

of law: silence is acquiescence, these averments are deemed admitted into evidence by operation

oflaw, see Kuehne & Nagel v. Baiden^ 36 NY 2d 539 - NY Court of Appeals(1975)where the

court stated:

"Facts appearing in the movant's papers which the opposing party does not
controvert, may be deemed to be admitted"

64. Now,Judge Noah Dear should make silentjudicial notice of attomey's admissions that

they knowingly used promissory note and other documents with material alterations to start this

lawsuit.

65. K 10 is also false because I never waived my defense of lack ofstanding neither in my

answer(4''^ affirmative defense),nor in my cross-motion to dismiss together with this affidavit(see


those documents).

Argument: Alleged plaintiff and its alleged attorney did not comply with BAR^s own CPLR
§ 3215(f), and therefore motion for order of reference must be denied as defective
66. Below is Kings County Supreme Court beloved Judge Shack's order(Index No.

15968/07), which literally depicts situation in the instant action. This order brilliantly exposes the

scheme of corruption, which continues 10 years later in the same court:

PlaintifiTs application, upon the default of all defendants,for an order of reference,for the
premises located at 572 Riverdale Avenue, Brooklyn, New York (Block 3838, Lot 39,County of
Kings) is denied without prejudice. The "affidavit of merit" submitted in support ofthis
application for a defaultjudgment is not by an officer of the plaintiff or someone with a power of
attorney from the plaintiff.
Leave is granted to plaintiff, l-ISBC BANK USA,N.A., AS INDENTURE TRUSTEE FOR THE
REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2005-3,
RENAISSANCE HOME EQUITY LOAN ASSET-BACKED NOTES,SERIES 2005-3(HSBC),
to renew its application for an order ofreference upon presentation to the Court ofcompliance with
the statutory requirements of CPLR § 3215(0» with "an affidavit offacts" executed by someone
who is an officer of HSBC or has a valid power of attorney from HSBC. Further, the Court, upon
renewal ofthe application for an order ofreference requires a satisfactory explanation to questions
with respect to: the assignment ofthe instant nonperforming mortgage loan from the original
lender. Delta Funding Corporation to HSBC Bank;the employment history ofone Scot Anderson,
who assigned the instant mortgage to HSBC,yet in a case I decided last month,HSBC Bank,N .A.
V. Cherry, 18 Misc.3d 1102(A),swore in an affidavit to be HSBC's servicing agent; and the
relationship between HSBC,Owen Federal Bank, FSB(OCWEN),Deutsche Bank and Goldman
Sachs, who all seem to share office space at 1661 Worthington Road,Suite ICQ, West Palm Beach,
Florida 33409(Suite 100)."

67. I have no verified complaint from US BANK.There is no affidavit offact per CPLR §

3215(f), attached to this motion from an officer or employee of US BANK,on which this

affirmation ofregularity by Victoria E. Munian,Esq.should be based,and 1 believe that it does not

exist.

68. In Trinsey v. Pagliaro^ 229 F. Supp.647 - Dist. Court, ED Pennsylvania(1964)the court

eloquently explains continued attorney's attempt to manipulate the court and defraud opponent:

"The defendants' motion to dismiss for failure to state a claim unsupported by


affidavits or depositions is incomplete because it requests this Court to consider
facts outside the record which have not been presented in the form required by
Rules ... Statements of counsel In their briefs or argument while enlightening
to the Court are not sufficient for purposes of granting a motion to dismbs or
summary judgment.^[emphasis mine]
69. So, what we have here is Munian's argument together with smoke and mirrors designed to

defraud me out of my property

70. As such, this motion is defective by operation oflaw and must be denied.

71. As to 4 and 5: they are full of legal and/or medical conclusions, to which I have no duty

to start demagogy.

72. As to 6 and 7:1 generally deny all these compound allegations. In my notice of Special

Appearance Under Duress and the cross-motion, I specifically denied personal service upon me

and rebutted affidavits of service by process server. I also moved the court to set the traverse

hearing where I intend to impeach the process server in front ofthe jury oftwelve. Accordingly,

this will be a Spiritual Court where 12 Apostles and God will judge.

73. I deny that I appear pro se. I am aware that if I accept this title as my standing, BAR's

definition 'pro se' secretly presumes that I submitted to jurisdiction ofthis court as an attorney or

juristic person admitted to re-present the man, Michael Krichevsky as ward ofthe Roman court per

12 presumptions of Roman Court. As evidenced by my autograph on my paperwork and claim of

standing, I am here as man,Sui Juris under God,and no one rebutted this status and standing. In

God,I Trust.

74. As to ^ 8:1 deny compounded allegations in this paragraph as vague and possibly

misleading as I cannot be compelled to guess and rebut all possible hypothetical allegations.

Attorney's Exhibit A in support ofH 8 in her affirmation of regularity is incomplete, false and/or

misleading for the following reasons. Her exhibit depicts or implies that a certified letter with

return receipt requested was mailed to me through USPS. Attorney believes that this should create

a presumption that 1 received such notice and would act on it. In rebuttal, 1 point out attempted
deceit by Munian. She does not attach the paid and stamped dated receipt from Postal Service

showing the date,name and address ofthe addressee,which any prudent person keeps as a proofof

mailing,or even electronic receipt with similar information, which would be the easiest way for

her to back up her testimony. I am sure that Munian every year sends or used to send her income

tax returns by certified mail and kept those receipts of mailing addressed to IRS. Accordingly, this

exhibit does not identify me as addressee or that the sender is Wells Fargo. In addition, there is no

so-called Green postcard showing that 1 signed and received this certified mail from Wells Fargo,

although writing on that exhibit states * RETURN RECIPT REQUESTED.' I believe that such

document does not exist. The attached letter from Wells Fargo is without tracking number

connecting exhibit's certified mailing trucking number to the 90-day notice letter, which brings an

infinite number of possibilities such as a letter with force placed insurance or just a Photo Shop

fabrication, for which Wells Fargo is notorious. Accordingly, Munian's attempt to prove by

admissible evidence that 90-day notice was timely sent or if it was sent to me at all failed.

Noticeably, for unknown to me reason loan number on this letter is redacted (blacked out). In

addition to this redaction, all attorney's Exhibits contain alteration or redaction ofevery

identifying number on exhibits. These facts lead me to infer that somebody is hiding some material

fact(s), which would be helpful to my defense or which would impeach the attached evidence itself

as fake.

75. Based on the foregoing, I rebutted attorney's misleading the court testimony that alleged

Plaintiffcomplied with RPAPL §1304 - statutory precedent requirement to start foreclosure and

give jurisdiction to this court. Accordingly, Judge Noah Dear lacks authority and jurisdiction to

perform any act other than the sua sponie ministerial act ofdismissal of this foreclosure action per

your own BAR's RPAPL §1304.


76. As to H H 9 and 10:1 have no knowledge what Plaintiffs attorney did.

77. As to H 11: Victoria E. Munian.Esq. perjured herself by stating that no previous application

has been made for this or like relief. In my affidavit for cross-motion, I explained in greater detail

why the statement is perjurious. I refer to the T| 26 and continuing further down ofthis affidavit for

greater explanation with exhibits. Her argument in opposition that fraud upon the court by her

alleged client is moot because of its voluntary dismissal of prior action is meritless and frivolous.

This case is still a matter of public record and her client is bound by its documentary evidence and

judicial admissions in court. However, Munian does admits and acknowledges her personal

knowledge of her client's prior wrongdoing, but refuses to decline representation in violation of

own BAR'S NYRPC.

78. As to the rest of paragraphs,attorney's testimony and fake,redacted exhibits, it would be a

waste of court's resources and waste of my time and energy to start rebuttal ofhypothetical

evidence and hypothetical accounting without presence of legitimate Plaintiff for

cross-examination.

Argument: The choice of applicable law for this motion for order of reference and default
judgment is summary judgment standard, which make this motion is premature especially
because the court cannot proceed when jurisdiction is challenged.

79. I challenged jurisdiction ofthis court and plaintiffs attorney ignored my challenge. 1

noticed Victoria E. Munian,Esq. and her law firm with 4 notices for deposition and interrogatory

(Exhibit C)in order to obtain requested information through discovery. As ofthe time ofcurrent

writing, nobody appeared and 1 have received no information, reply or objection from anybody

involved. We have here unidentified plaintiff while its attorney commits misconduct by rebjsal to

identify it. As such,this motion must be denied as plaintiffs attorney engaged in stalling
discovery.

80. In conclusion "Fraud upon the court" has been defined by the 7th Circuit Court of Appeals

to:

"embrace that species offraud which does,or attempts to, defile the court itself, or
is a fraud perpetrated by officers ofthe court so that the judicial machinery cannot
perform in the usual manner its impartial task of adjudging cases that are presented
for adjudication." Kenner v. CJ.R., 387 F,3d 689(1968); 7 Moore's Federal
Practice, 2d ed., p. 512,f60.23.

81. The purpose of this affidavit is to create a record of detailed knowledge by all involved

against me.This knowledge consists of major legal defects or crimes, which take away jurisdiction

ofthis court. These major legal defects in criminal court can take away Plausible Deniability

and/or Blissful Ignorance of these defects' existence.

82. 1 would address all claims, arguments and evidence made by man or woman against my

property and me,provided the accuser would file undertaking surety bond for $2,500,000 in this

court.

Notice of liability for trespass on my life: if any of my contentions believed to be erroneous

or mistaking by any or all involved, I would accept objections and/or explanations and

promise to amend or withdraw them if made in good faith. However,if in reply to this
affidavit I would receive just silence, unresponsiveness or continued harassment,1 would
presume that I am correct and would act accordingly. Please,take notice that my time,

aggravation and other damages due to continuing litigation would be further valued and
billed at $500 per hour as express self-executing contract with wrongdoer(s)as valuable

consideration for trespass.

WHEREFORE,I respectfully move this court for an order denying this motion for order of
reference in its entirety, and for such other and further relief as to this Court may seem just and

proper.

Michael Krichevsky,sui juris

Sworn to before me this


9th day of December 2017

NOTARY PUBLIC

ALICE ASHER
NOTARY PUBLIC,Stale of New York
N0.01AS6D62200
Qualllled in Kings County
Commission Expires 07/30/2021
EXHIBIT G
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION,AS


TRUSTEE FOR BANC OF AMERICA FUNDING
CORPORATION MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006-F,
0 COPY
Plaintiff,
REPLY AND AFFIRMATION
IN FURTHER SUPPORT OF
V.
MOTION FOR ORDER OF
REFERENCE
MICHAEL KRICHEVSKY,NEW YORK STATE
Index No.:506127/2016
DEPARTMENT OF TAXATION AND FINANCE,
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK
PARKING VIOLATIONS BUREAU,JANE DOE,
MARIA TOMKEVYCH,
and JOHN DOE,

Defendant(s).

PLAINTIFFS AFFIRMATION IN REPLY

Victoria E. Munian, Esq., the undersigned, an attorney admitted to practice in the


Courts of the State of New York, pursuant to CPLR 2106, and under the penalties of
peijury, affirms as follows:

1. That affirmant is an associate with Woods Oviatt Oilman LLP the attorneys of

record for the plaintiff in the above entitled action. As such, I am fully familiar

with the facts and circumstances surrounding the instant action.

2. This affirmation is submitted in reply to Defendant's opposition and in further

support ofPlaintiffs Order of Reference.

3. The procedural and factual background of the instant case is set forth in the

Affirmation of Victoria E. Munian, Esq. and is incorporated herein.

4. Defendant's opposition is without merit because the Defendant is unable to vacate

his default in his instant opposition.

15572478: )20160296
5. Accordingly,Plaintiifrequests that the Defendant's opposition be denied and that

Plaintiffs motion be granted in its entirety.

ARGUMENT

6. The defendant alleges that his default should be vacated as he was not properly

served.

7. It should be noted that no default has been entered to date as Plaintiffs application

for an Order ofReference is still pending before this court.

8. Next, Defendant's reference to the prior action are moot and should be disregarded

as the prior action was discontinued.

9. The Defendant alleges that the prior note that he inspected is not the same as the one

he inspected during the prior action.

10. Even though the Defendant waived any standing argument by failing to timely

appear in this action, the argument is still without merit as attached to Plaintiffs

Complaint as Exhibit C is an attorney certified copy of the note, which is evidence

that the properly endorsed note was in possession of Plaintiff prior to

commencement. Nationstar Mte.. LLC v. Catizone. 127 AD3d 1151, 1152 (2nd

Dep*t2015).

11. Next,the Defendant has failed to rebut the presumption ofservice as created by the

process server's affidavit.

12. The object of all service of process is said to be to give notice to the party on

whom service is made, that he may be aware of and may resist what is sought of

him, and it is a general rule that any service must be deemed sufficient which

renders it reasonably probable that the party proceeded against will be apprised of

what is going on against him, and have an opportunity to defend. Hiller v.

(5572478: >20160296
Burlington & M. R. R. Co.. 70 N.Y. 223(N.Y. 1877) See also Zelnick v. Bartlik.

46 Misc. 2d 1043, 261 N.Y.S.2d 573, 1965 N.Y. Misc. LEXIS 1892 (N.Y. Sup.

Ct. 1965). An affidavit of service by the plaintiffs process server which specifies

the papers served, the person who was served, and the date, time, address and sets

forth facts showing that service was made by an authorized person, and in an

authorized marmer, constitutes prima facie evidence of proper service. Onewest

Bank FSB v Perez. 2012 N.Y. Misc. LEXIS 2328, 2012 NY Slip Op 31269(U)

(N.Y. Sup. Ct. May 4, 2012). A sworn denial of service by the defendant will

rebut the presumption of proper service only where it refutes factual allegations in

the process server's affidavit or presents a question of fact rather than baldly

denying receipt ofprocess. Id-

13. The process server's affidavit shows that the Defendant was personally served on

June 17,2016. See Exhibit A.

14. Defendant's Opposition papers baldly stale that there is no jurisdiction but he fails

to set forth a sworn statement rebutting any of the facts in the process server's

affidavit.

15. Further, it should be noted that the Defendant did not make the requisite motion

for lack ofjurisdiction once his answer was rejected on March 24, 2017, thus he

has waived any jurisdictional defenses.

16. Lastly, the Defendant references that relief should be granted under 5015(a)(4);

however this relief is inappropriate in the instant opposition and should be

brought under a separation motion.

{5572478:)20160296
CONCLUSION

17. As the Defendant has failed to properly rebut the presumption of service, raise any

triable issue of fact or move for the proper relief under CPLR 50|5, Plaintiffs

Motion should be granted.

Dated: October 31,2017


Victoria E. Munian,Esq.
WOODS OVIATT OILMAN LLP
Attorneysfor Plaintiff
700 Crossroads Building,2 State Street
Rochester, New York 14614

(5572478;)20160296
IFILED; KINGS COUNTY CIiBRK 06/30/2016 08;10 AMI INDEX NO. 506127/2016
RECEIVED NYSCEP: 06/30/2016
LLC WOODS OVIATT OILMAN,LLP
320 CARLETON AVE,STE^600 700 CROSSROADS BLDG
CENTRAL ISUP,NY,11722 ROCHESTER,NY 14614
(631)666-6168

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS IZ<n>EX« 16-506127

U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR


BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2006-F,

Plaiatim
Against AFFIDAVrr
OF SERVICE
MICHAEL KRICHEVSKY,ET AL
Defendants.
STATE OF NY COUNTY OF KINGS

Woody Dorsonne being dolysworn,deposes and says:that deponent is not a party to this action,is over ISyearsofage
and resides in the State ofNY.

That on June 17,2016 at9:30PM at 4221 ATLANTIC AVENUE,2ND FLOOR. A/K/A 4219-4221 ATLANTIC
AVENUE,BROOKLYN,NY 11224,deponent served the within NOTICE REGARDING AVAELABIUTY OF
ELECTRONIC FIUNG &SUMMONS FORECLOSURE ACTION &FORECLOSURE COMPLAINT AND DEBT
V/UJDATION LETTER tndiidi contains the additional ixttice requirements in accordance with RPAPL§1320, along
with a copy ofthe Homeowner'sFoteelosuze Notice as required t?/RPAPL §1303,lidiich notice was printed on a
colored piece ofpaper.vAadk color differed from that ofthe color ofthe NOTICE REGARDING AVAILABILITY OF
ELECTRONIC HUNG &SX»4M0NS FORECLOSURE ACTION & FORECLOSURE COMPLAINT AND DEBT
VALIDATION and the notice was in bold,fourtcen-point type, with the title ofthe notice in bold,twenty-point type,
and Certification with exlubtts as required by CPLR §3012-B bearing index # 16-506127,filed 04/18/2016 on
MICHAEL KRICEDSVSICY,defendant thoein named,

INDIVIDUAL
by delivering thereat a true copy ofeach to said defendant pensonally,d^onent knew said
person so served to be the person described assaid defend^ therein. (S)He identified(her)
himselfas such.

DESCRIPTION
Deponent describes the individual served to the best ofdeponent's ability at the time and
circumstances ofservice as follow:
S§& Skm Cotor Hair Color Aee(Attrx) Height(Anrxl Weight fAnrxl
M WHITE SALT/PEPPER 60 5'9 180

USE IN NYC The language required by NYCRR 2900.2(c),(i)&(h) was set forth
aviLCI. <m the fece ofsaid sumnions(es)

MILITARY Iasked the person spoken to whether the defendant was in active military service ofthe
SERVICE United States or ofthe State ofNY in any capacity whatever and received a
negative reply. The source ofmy inibrmaticn and the grounds of my beliefare the
s conversations and observations above nanated. Uptm infoixnation and beliefI aver that the
defendant is not in the military service ofNY or ofthe United States as that term is defined in
either the State or Federal statutes.

SWORN TO BEFORE ME ON
KAREN KANE
Notary Public. Stele of New York UCENSE4 2033313
No.01KA6036t27 FILE 20160296
Qualified in Nassau County CASE ID Hi 4580095
Commission ExpifBs Decer-ber 04.2019

i of 1
IFILEDt KINGS COUKTY CLERK 06/30/2016 02;29 PMl index no. 506127/2016
NYSCEP DOC. NO. 17 RECEIVED NYSCEF: OS/30/2016
WOODS OVIATT OILMAN,LLP
320CARLETONAVE,STE26C0 700CROSSROADS BLDG
CENTRAL ISLIP,NY 11722 ROCHESTER.NY 14614
(631)666-6168

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OP KINGS INDEX »16-506127
U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR BANC
OP AMERICA FUNDING CORPORATION MORTGAGE PASS-
THROUGH CERTIFICATES,SERIES 2006-F,

Plaintiff,
Against AFFIDAVIT OF MAILING OF
ADDITIONALSUMMONSPURSUANT
TOCPLR§321S(G)
MICHAEL KRICHEVSKY.ET AL
Defendants.
STATE OFNEW YORK COUNTY OF SUFFOLK

Kevin Colbert, being duly sworn,deposes and says: that deponent Is not a party to this action, is over 18 years ofage and
resides in Nassau County,New Yoric.

That on 06/28a016,dqxment sent a copy ofthe Summons in the within action by Fim Class Mail to MICHAEL
KRICHEVSKY,the defendant herein, properly enclosed in an envelope addressed to said defendant at defendant's last
known address at 4221 ATLANTIC AVENUE,2ND FLOOR, A/K/A 42IM221 ATLANTIC AVENUE
BROOKLYN,NY 11224,bearing the legend"PERSONAL& CONFIDENTIAL"end not indicating on the outside theieof,
by the return address or otherwise,that the cmninunication is from an attorney or concerns an alleged debt. That deponent
deposited said envelope In an ofHclai depository under the exclusive care
re and
and custody
custody of
ofth&J^{tpd£tates
theji^itpd^tati Postal Service.

PILEfOm^<S
CASE ID ^4580095
E-PILE

SWORN TO BEFORE ME ON jyjj £ j

IZABEtAARUV
NOTARY PU8UC.6lsis 8l Nm Yoik
No. GlARCaslSO
QusSSod In SuffGUiCount/
Coflsmission Expels Msreii 30,2010

03v\«—

1 of 1
IFILED; KINGS COUNTY CLERK 05/18/2016 02r2y^ INDEX*NO. 506127/2016
mmr.lLC WOODSOVIAlTGILMAN.fi?''^'' 05/18/2016
320 CARLETON AVE|STE.2600 700 Crossroads Bldg
CENTRAL ISLIP. NY,11722 Rochester, NY 14614
(631)666-6168

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OFKINGS INDEX#16-506127

U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR


BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-IHROUGH CERTIFICATES,SERIES 2006-F,

Plflintiff,
Against AFFIDAVIT
OFSERVICE
MICHAEL KRICHEVSKY,ET AL
Defendawfg,
STATE OF NY COUNTY OF SUFFOLK

Steven Brencan being doiy swoin,deposes and sa^:that deponentis not a paity to this action,is over 18 years ofage
and resides in the State ofNY.

Thaton May03,2016 at 12:20PM at 300 MotorParlcway,Hauppatige,NY 11788,deponent served the within NOTICE
REGARDING AVAILABIUTY OF ELECTRONIC FlUNQ &SUMMONSFORECLOSURE ACTION &
FORECLOSURE COMPLAINT and Ceitifieation with exhibits as required by CPLR §3012-B bearing index U16-
506127,filed 04/18/2016 on NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCB.defendant
dteim named.

CORPORATION
A corporation,by delivering thereat a true copy ofeach to CHR]S GATTO,ASSISTANT
ATTORNEY GENERAL,personally; deponent knew said so served to be the coiporsticm
described as dte named defendant and knew said individual to be the AUTHORIZED
AGENT tfiaeofi

DESCRIPTION
Dqionent describes the individnal served to the best ofdeponent's abili^ at the ttmf,and
ciieumslanees ofservice as follow:
Skin Color Hair Color Aee fArax^ Height fAmxl Weieht(Anrxl
M WHITE BROWN « 40 5*9 180

USE IN NYC The language required by NYCRR2900.2(e),(Q&(h.) was setforth


CIVIL or. on die fiice ofsaid suinmons(es)

MILITARY I asked the person spoken to whedier the defendant was in active military service ofthe
SERVICE United States or ofthe State ofNY in any capacity whatever and received a
negative reply. The source ofmy infennation and the grounds ofmy beliefare dte
conversations and observadons above narrated. Upon infoaHhtiod'and beliefI aver tbatj
defendantis notin the miiitaiy service ofNY or oftheUnhed^^tes as that 1
either the State or Federal statutes.

SWORN TO BEFORE ME ON

H££#M60296
ASEII^458(H)95
,rUBUC,8t*toelNowYoA

1 of 1
(PILED; KINGS COUNTY CLERK 05/11/2016 07;00 PMi INDEX'no. 306127/2016
NYSCEP DOC. NO. 6 RECEIVED NYSCEF: 05/11/2016
PROVEST,LLC WOODS OVIATT GIJLMAN,LLP
320 Carleton Avenue, Suite 2600 700 Crossroads BIdg
Centrailslip.NY 1172 Rocbester, NY I46I4
(63I)66$^}68

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS INDEX U 16-506127

UA BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR


BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTll^CATES,SERIES 2006-F,
Plaintiff,
Against AFFIDAVIT
OF SERVICE
MICHAEL KRICHEVSKY,ET AL
Defendants.
STATE OF NY COUNTY OF NASSAU

Monica E. Dopwell being duly swom,deposes and says: that deponent is not a party to this acttoo,is over 18 years of
age and resides in the State ofNY.

Diat on May 03,20164:30PM at 271 CADMAN PLAZA EAST,BROOKLYN,NY,11201,deponent served the within
NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING & SUMMONS FORECLOSURE ACTION &
FORECLOSURE COMPLAINT and Certification witii exhibits as required by CPLR §3012-B bearing Index # 16-
506127,filed 04/18/2016 on UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE,
defendant therein named.

CORPORATION
A corporation, by delivering titercat a true copy of each to ROSA MARTINEZ, LEGAL
ASST., personally; deponent knew said so served to be the corporation described as die
named defendant and knew said individual to be the AUTHOIUZED AGENT tfiereof.
MAILING
On 05/10/2016 deponent also enclosed a copy of same, in a prepaid sealed, first class
X wrapper marked certified (7015 1520 0001 1822 0786} and properly addressed to defendant
at 950 Pennsylvania Avenue NW, Washington, DC 20530 and deposited said wrapper in a
post office of the United States Postal Service within New York State.
DESCRIPTION
Deponent describes tlie individual served to the best of deponent's ability at the time and
circumstances of service as foUow:
Sex Skin Cotor Hair Color Ace fAontl Height fAntxl Weight f Aorx)
F BROWN BLACK 55 5'4 200

USE IN NYC The language required by NYCRR 29002(e), (0 & (h) was set forth
CIVIL CT. on the face of said summons(es)

MILITARY I asked the person spoken to whether the defendant was in active military service of the
SERVICE United States or of the State of NY in any capacity whatever and received a
negative reply. Tlie source of my information and the grounds of my belief are the
□ conversations and observations above narrated. Upon information and belief I aver that the
defendant is not in the miliiaiy service of NY or of the United Sraiesas that term is defined in
eitherihc State or

r A
SWORN TO BEFORE ME ON JL./L.
LICENSE# A' 1240610
DIANE LAURELU
Notary Publiti, State of New York FILE Tf 20160296
NO.O1LA6327120 CASE ID If 4580D95
Qualified in Nassau County
Commission Expires June 29.2018

1 of 1
[FILED; KINGS COUNTY CLERIC 05/18/2016 02;27 PlMfl index NO. SO6127/2016
NYSCEP doc. no. 8 RECEIVED NYSCEF: 05/18/2016
A ve STE.2600
CARLETON AVB, oArtft WOODS
700 OVIATT
Crossroads BIdgOILMAN,LLP
CENTRAL ISUP,NY.11722 Rochester,NY 14614
(631)666.6168

SUPREME COURT OF THE STATE OP NEW YORK


COUNTY OF KINGS INDEX 16-506127
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2fl06-P,
PlaintifT.
AFFIDAVIT
OF SERVICE
MICHAEL KRICHEVSKV,BT AL
Defendants.
STATE OF NY COUNTY OFRICHMOND

sS5n ^ is nota pattyto this action,is overl8 ycais ofage


3:07PM at ICQ CHURCH STREET,4TH FU,NEW YORK,NY,10007,deponentsaved the
AVAILABILITY OF ELECTRONIC FILING & SUMMONS FORECLOSURE
Certification whh exhibits as required by CPLR §3012-B bearing
PARKING VIOLATIONS BUREAU,defend:^
CORPORATION
X
A corporation,by delivering thereat a true copy ofeach to BETTY MAZYCK,CLERK,
pe^nally; deponent knew said so served to be tite corporation described as the
defendant and knew aid Individual to be the AUTHORIZED AGENT thereof.
DESCRIPTION
Dqjoneni descri^ the individual served to the best ofdeponent's abahy at the time and
circumstances ofsavice as follow:
Skin Color Half Color AfiefAPPtl Height fAnrxl Weight rAonc^
F BLACK- GREY 55 5'5 ISO
USE IN NYC The language required by NYCRR 29C0.2(e),(0&(h)was set forth
CIVIL CT. on tlie face ofsafd summonsfes)
MILITARY I asked the person spoken to whether the defendant was in active miiitaiy service of the
SERVICE Unil^ States or of the Stale ofNY in any capacity whatever and received a
negative reply. The source of my information and the grounds of my belief are the
□ wnversations and observations above narrated. Upon Information and belief I aver that the
defendant is not In tite miJIcaiy service ofNY or of the United States as that term is defined m
either the State or Federal statutes.

SWpRN TO BEFORE ME ON

ICENSE# 1292936
FILE #20160296
CASE ID #4580095

TARA DONOVAN
NOTARY PUBLIC. STATE OF NEWVORK
No. 01816210234
»■. r'
; wyCoxinfiBsiooinExplfoo
Richmond Ccanty
Axigust 10,2017

1 of 1
jglLED; KXUGS COtn<TY CLERK 06/3072016 QSilQ 115 IKDEX NO. 506127/2016
NYSCcF
WOODSOVIATT(5II.M NYSCEF: 06/30/2016
CD^IS^.NY 11722 ROCHESTER.NY 14614
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX #16-506127
UA BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATBS,SERIES 2006-F,
Plaintifl^
Against AFFIDAVIT
OF SERVICE
MICHAEL KRICHEVSKY,ET AL
Defendants.
STATE OF NY COUNTY OF KINGS

Woody Doi^ime being duly swoin,deposes and says: that deponent is not a party to this acu'on.is over 18 years ofoec
and resides m the State ofNY.

ATLANHC AVENUE,2ND FLOOR, A/K/A 4219-4221 ATLANTIC


^ deponent served the within
electronic FILING &SUMMONS FORECLOSURE ACTION NOTICE REGARDINGCOMPLAINT
& FORECLOSURE AVABLABILTTY
and OF
§3012-B bearing indea # 16-506127,filed 04/18/2016 on"JANE DOE
(REFUSED NAMi)AS JQ]^ DOE #1,defendant therein named,
SUITABLE AGE
PERSON
By delivering thereat a copy ofeach to MICHAEL KRICHESXY,CO-R£Sn>£NT» a
1 perstn ofsuitable age and discretioiL That person was also asked by deponent whether said
premises was the defendant's dwelling place/usual place ofabode and the leply was
afiinnative.
MAILING
On 06/27/2016 deponent also enclosed a cqty ofsame,in a prq)aid sealed, first class
wr^er maiked personal and confidential, pn^ly addressed to defendant and mailed to
defendantat4221 ATLANTIC AVENUE,2ND FLOOR, A/K/A 421SM221 ATLANTIC
AVENUE,BROOKLYN,NY 11224 by depositing said wrapper in a post office ofthe
United States Postal Service within the New York State
DESCRIPTION
Dqjoncat describes the individual served to the best ofdeponent's ability at the time and
circumstances ofservice as follow:
Scj Skin Cqlor Hair.ColQr Age fAnne) Height fApixl Weight fAorxl
M WHITE SALT/PEPPER 60 S'9 ISO
USE IN NYC The language required by NYCRR 2900.2(c),(f)&(h) was set forth
CIVIL cr. on the face ofsaid summons(es)
MILITARY I a^d the person spoken to whether the defendant was in active military service ofthe
SERVICE Unit^ States or ofthe State ofNY in any capacity whatever and received a
negative r^ly. The source of my information and the grounds ofmy beliefare the
wnversations and observations above narrated. Upon information and beliefI aver that the
defendant is not in the military service ofNY or ofthe United States as that term is defined in
either the State or Federal statutes.

SW<^TO BEFORE ME ON

UCENSE#2033315
FILE #20160296
KEVm ItSCCAKTHY
NOTARY PUBUC.State of Naw York CASE ID #4580095
No.01IKCat»82S
Queniiad In Naoseti County
Commission EiplteB 08/060019

1 of 1
IFILED; KINGS CQtlNTY CLERK 06>3Q/'2016 08;27 AMI INDEX NO. 506127/2016
NYSCEF Jlj, wonnc nviii-p NYSCEF: 06/30/2016
320CARLEIONAVE.STE2600 TOO CROSSI^Sl
(praALisup.NY.11722 ®?;°°
(631)666-6168 ROCHESTER,NY 14614
SUPREME COURT OF THE STATE OFNEW YORK
COUNTY OF KINGS
INDEX# 16-506127
U^.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR BANC
CORPORATION MORTGAGE PASS-
THROUGH CERTIFICATES,SERIES 2006-F,
Plaintiff
Against
AFFIDAVIT
OF MAILING
MICHAEL KRICHEVSKY,ET AL
PefendanL*:,
STATE OF NEW YORK COUNTY OF SUFFOLK
i
BROOKLYN,NY 11224,Mduch building consists ofless than five dwelling[Units.
enclosed in a post-paid first class properly addressed wni]^er,in a post office-official
via
paia
paid properly addressed
nddrf^i'iffl wcapper,
wraimer and wr
s»nii delivering receipt
same requested
to the by dqiositing
United States a tnie copy
Postal Sendee same
withinofthe enclosed
State a post
ofNewinYo^
SWORN TO BEFORE ME ON
JW 28 2016 HLE#20160296
CASE ID #4580095
"w. .>:i?o
Cemtr«»K,n
.2010. rr liiilflfllil
r^
ru
LujIboLc- nj .^^fiof-dclr/c/iOin.'crniDiio.T.^'vrnlloufAv/^ii^^ ::nthyi-A\:hsps^
^FFiCIAt. USE 1
t
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□sSj::^iS£r"*r"——« ;>/ '
OOotrinlteij^lMacMdc} i
! Poatnaiit
□edfHMM43Ramaa40(SM>y 1
QAaASignaa9iU«<iM t HOJO' •'•
•' •
OAttastgnBtmiiaaicadOeBtoy a
tway '■ —
o- ToCrp

S
solun
BROOKLYN, NY 1J224
««•& 4S8W95
1 of 1
'(gll^EDs kings comrrv rr.wpy ngy-anyom/r no.iA INDEX NO. 506127/2016
NYSCEF
WOODS OVIATT GILMANftS^^^^ NYSCEF: 06/30/2016
Cen^l^Lff NY* CROSSROADS bSg
R0CHESTER,NY 14614

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS INDEX n 16-506127

national ASSOCUTION,astrustee FOR


BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERITFICATES,SERIES 2006-F,
Plaintif]^
AFFIDAVIT
OF SERVICE
MICHAEL KRICHEVSKY,ET AL
Defendants.
STATE OF NY COUNTY OF KINGS

^ali^ROQKi w'w
Pf
ATWNTIC AVENUE,1STFL00R.A«/A«IM221 ATLANHC
^ACTION NOTICE REGARDINGCOMPLAINT
AVAJLABIUTY OF
^CTOMC FlUj^&SU^ONS FORECLOSURE &FORECLOSURE CertificaUoii
AS JUON
Aa iSSDOE #2,defendant
j^ §30I2-B
therein bearing index U 16-506127,filed 04/18/2016 on MARIA TOMKEVYCH
named,

INDIVIDUAL
by delivering thereat a true copy ofeach to said defendant personally, deponent knew said
person so served to be the person described as said defendant therein. fS)He ideadfied (her)
himselfas such.

DESCRIPTION
Deponent describes the individual served to the best ofdeponent's abihty at the time and
circumstances ofservice as follow:
Slpn Color Hair Color AgefAprx^ HeiehtfAorxl WeichtfAnr*^
F WHITE BLACK 25 5-5 5^0
USE IN NYC The language required by NYCRR 2900.2(e),(f)&(h) was set forth
aVILCT. on the face ofsaid suniniQos(es)
MIUTARY 1 a^ed the person spoken to whether the defendant was In active military service ofthe
SERVICE United States or ofthe State ofNY in any capacity whatever and received a
negative i^ly. The source ofmy infonnatioQ and the grounds of my beliefare the
s conversations and observations above narrated. Upon information and beliefI aver that the
defendant is not in the military service of New York or ofthe United States as that term is
defined in either the State or Federal statutes.
SWORN TO BEFORE ME ON

KAREN KANE LICENSE #2033315


Notary Public, State of New York FILE #20160296
No.01KA6096127 CASE ID #4580095
Qualih'eo in Nassau County
Ccmmission Expires Deoerrber (>4, 2015

1 of 1
(FILED; KINGS COUNTY CLERK 06/30/2016 08;27 AMi INDBX NO. 506127/2016
NYSCEF RECEIVED NYSCEF: 06/30/2016
'
320 CARLETON AVE,STE2600 WOODS
700 OVIATT OILMAN.
CROSSROADS BLDG LLP
(631)666-6168 ^ ROCHESTER.NY I46I4

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS INDEX# 16-S06127

U.S.BANK NATIONAL ASSOCIATION.AS TRUSTEE FOR BANC


OF AMERICA FUNDING CORPORATION MORTGAGE PASS-
THROUGH CERTIFICAXES.SERIES 2006-F.

Plaintiff,
Against AFFIDAVIT
OFMAILING
MICHAEL KRICHEVSKY,ET AL
Defendants.
STATE OF NEW YORK COUNTY OF SUFFOLK

Ross Kennedy,being duly sworn,dqxtses end says: that deponent is not a party to this action,is over 18 years ofage and
resides in Sufrolk CounQ^ New York.

On 06/27/2016,dq>onentserved the within RPAPL§1303 Tenant Foreclosure Nodce,vdiich notice was printed on a colored
paper other than that ofthe NOnCE REGARDING AVAILABIUTY OF ELECTRONIC FILING &SUMMONS
FORECLOSURE ACTION &FORECLOSURE COMPLAINT pursuant to RPAPL §1303 on MARIA TOMKEVYCH AS
JOHN DOE #2 AT 4221 ATLANTIC AVENUE,1ST FLOOR,A/K/A 4219s.4221 ATLANTIC AVENUE
BROOKLYN,NY 11224,whl^ bnUding consists ofless tttnii five dwelling units.

by depositing a true copy ofsame enclosed in a post-paid first class properly addressed wrapper,in a post office-official
deposhoxy under the exclusive care and custody ofthe United States Postal Service within the State ofNew York and via
co^ed mail(7015091000004044 2226),return receiptrequested by depositing a true crqiy ofsame enclosed in a post
paid prtqierly addressed wrapper,and delivering same to the United States Postal Service within the State ofNew York.

SWORN TO BEFORE ME ON
JUN 2 8 2016 FILE #20160296
CASE ID #4580095
IZABEtAARtA
KOTahy PODtlC.r.:cla or New York

QuaCicd In SuwJk County


ComnSssicn Expiios Msrch SO. 2019
<-

1 of 1
IFILBD; KINGS COUNTY CLERK 06/30/2016 08;27 AM) ^^dex no. 506127/2016
NYSCEF 36 RECEIVED NYSCEP: 06/30/2016
PROVEST,LLC WOODS OVUTT GILMAN,LLP
320 CARLETON AYE,STE2600 700 C310SSR0ADS BLDG
CENTRAL ISUP,NY,11722 ROCHESTER,NY 14614
(631)666^168

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS INDEX# 16-506127
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR BANC
OF AMERICA FUNDING CORPORATION MORTGAGE PASS-
IDROUGH CERTIFICATES,SERIES 2006-F,

Ptamti'ff,
Against AFFIDAVIT
OF MAILING
MICHAEL KRICHEVSKY,ET AL
pftfipi<5«Trts.
STATE OF NEW YORK COUNTY OF SUFFOLK

Ross Kennedy,being duly sworn,dq)oses and says: that dqwnentis not a par^to this action,is over 18 years ofage awH
residesin Suffolk County,New York.

On 06/27/2016,dqionent served the within RPAPL§1303 Tenant Foreclosure Notice, vdnch tiotice was printed on a colored
paper other than that ofthe NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING & SUMMONS
FORECIOSURE ACTION & FORECLOSURE COMPLAINT pursuantto RPAPL §1303 on ANY AND ALL
OCCUPANTS AT 4221 ATLANTIC AVENUE A/K/A 4219-4221 ATLANTIC AVENUE BROOKLYN,NY 11224,
which building consists ofless than jSve dweUing units.

by dt^ositing a true copyofsame enclosed in a post-paid first class properly addressed wiapper,in a post ofilice-oCScia]
dqiository under the exclusive care and custody ofthe United States Postal Service within the State ofNew Yodc.

SWORN TO BEFORE ME ON
J(iM
' 7 ft
^ O OMC FILE#20160296
CASE ID #4580095
I2AI!E!AAR'A
NOTARY PU."I to.:-•>!- »4cm York
Nvi.
OuaHict'fti Saffju: County
ComiTilssten Expires Matcttso,201b

6^-—

1 of I
HELP FOR HOMEOWNERS IN FORECLOSURE

NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURlE PROCESS. PLEASE READ IT CAREFULLY.

SUMMONS AND COMPLAINT

YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE
SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE
YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU
SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID
OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.

SOURCES OF INFORMATION AND ASSISTANCE

The State encourages you to become Informed about, your options in


foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for Information about possible options, including trying to work
with your lender during this process.

To locate an entity near you, you may call the toll-free helpline maintained
by the New York State Department of FlnanclarServices' at 1-800-342-3736 or
visit the Department's website at http://www.dfs.nv.Eov.

FORECLOSURE RESCUE SCAMS

Be careful of people who approach you with offers to "save" your home. There
are individuals who watch for notices of foreclosure actions in order to unfairly
profit from a homeowner's distress. You should be extremely careful about any
such promises and any suggestions that you pay them a fee or sign over your
deed. State law requires anyone offering such services for profit to enter
into a contract which fully describes the services they will perform and fees they
will charge, and which prohibits them from taking any money from you until
they have completed all such promised services.

11303 NOTICE
NOTICE TO TENANTS OF BUILDINGS IN
FORECLOSURE

New York State Law requires that iVe provide you this notice about the
foreclosure process. Please read it carefully.
1 1

We,U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR


BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-
THROUGH CERTIFICATES,SERIES 2006-F,are the foreclosing party and
are located at 1185 Avenue ofthe Americas,New York,NY 10036. We can be
reached at 212-730-2000.

The dwelling where your apartment is located is the subject ofa


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

ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED


TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS
WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE
RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSDRE STATIIS. THE TENANTSIN RENT-STABILIZED AND
RENT-C0NTR01.LEP BUILDINGS CONTINDE TO BE AFFORPEP THE
SAME LEVEL OF PROTECTION EVEN THOPGH THE BUILDING IS
THE SUBJECT OF FORECLOSURE. EVICTIQWS CAN ONLY OCCUR
IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER
A FULL HEARING IN COURT.

If you need fiirtlier information, please call the New York State
Department ofFinancial Services'toll-free helpline at l-800-2(>9-0990 or visit
the Department's website at httD!//www.dfs.nv.gov.
S TATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE


FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F.

PlainlilT,

AFFIDAVIT OF MAILING
V.

INDEX U: 506127/2016
MICHAEL KRICHEVSKY,NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, MORTGAGED PREMISES:
UNITED STATES OF AMERICA BY THE INTERNAL 4221 Allanlic Avenue a/k/a
REVENUE SERVICE,CITY OF NEW YORK PARKING 4219-4221 Atlantic Avenue
VIOLATIONS BUREAU,JANE DOE. MARIA Brooklyn, NY 11224
TOMKEVYCH,
and JOHN DOE,

Defendants.

I, Emily Boynton, being duly sworn,deposes and says:

I am not a party to the action, am over 18 years ofage, and reside in Rochester, New York.

On November 1, 2017,1 ser\'ed a copy of the Reply and Affirniailon in Further Support of
Order of Reference relative to the above matter in a sealed envelope, with postage prepaid thereon, in a
post office or depository ofthe United States Postal Service within the State of New York, addressed to
the last known address of the individuals as indicated below.

Michael Krichevsky
4221 Atlantic Avenue a/k/a
4219-4221 Atlantic Avenue
Brooklyn, NY 11224

Emilv
Clerk

Sworn to before me thi^i day of N ,"2


Notalfv Public
8ARA&8HfTH
Nrtery RftOaStaiiof New York
Quanfied In Monfoe Couni'
N&018U627S756
i/y CurrtmlBstoa Ej^tresf^bniaiy 4.2'J21
(5573541:
EXHIBIT H
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-F,

Plamtiff,
AFFIRMATION IN
V. OPPOSITION

MICHAEL KJRICHEVSKY,NEW YORK STATE


DEPARTMENT OF TAXATION AND FINANCE, Index No.: 506127/2016
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARKING
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

Pursuant to CPLR 2106, and under penalty of peijury Michael Jablonski, Esq., affirms the
lollowmg:

1. AfiSnnant is an attorney with Woods Oviatt Oilman LLP the attorneys ofrecord for
the plaintiffin the above entitled action.

2. That this Affimiation is submitted in Opposition Defendant Michael Kiichevsky


("Defendant") seeking dismissal of the action pursuant to CPLR 3211(a) and additional relief, and
in further support ofPlaintiffs pending Motion for an Order ofReference and Default Jut^eni.
3. Defendant's arguments lack merit and are procedurally barred.
4. It should be also recognized that Defendant's Cross-Motion was served outside of

the briefing schedule set by Court as it was dated September 27, 2017 and served at some time
thereafter,and the deadline for submission set by the Court was September 22,2017.

{5570569:}
5. For the reasons set forth in more detail herein, the relief requested by Defendant

must be denied, in its entirety, and with prejudice, and an Order of Reference and default Judgment

granted in favor ofPlaintifiF.

Defendant is Not Entitled to Dismissal of the Action Pursuant to CPLR 3211fa).

6. "On a motion to dismiss pursuant to CPLR 3211, the court may grant dismissal

when documentary evidence submitted conclusively establishes a defense to the asserted claims

as a matter of law.'*' Beal Sav. Bank v. Sommer. S NY3d 318,324(2007). Defendant has failed

submit documentary evidence sufficient to support his claims.

7. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

3211(a)(1). Defendant's arguments lack merit.

8. That Defendant has failed to serve a timely Answer or move to dismiss the

Complaint pursuant to CPLR 3211(a)(1) prior to the time before service ofthe responsive pleading

was required. As such this objection and/or defense has been waived. See CPLR 3211(e).

9. "In order to prevail on a defense founded on documentary evidence, the document

relied upon must definitively dispose of the plaintiffs claim." Greenwood Packing Corn, v.

Associated Tel. Design. Inc.. 140 A.D.2d 303, 305, 527 N.Y.S.2d 811, 1988 N.Y. App. Div.

LEXIS 4629(2d Dep't 1988).

10. It is respectfully submitted that Defendant has provided no such document(s). As

such. Defendant's motion must be denied.

11. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

3211(a)(2). Defendant's arguments lack merit.

{5570569:)
12. "Because New York's Supreme Court 'is a court of original, unlimited and

qualified jurisdiction'... it is competent to entertain all causes of action, including mortgage

foreclosure actions." Security Pacific Nat'l Bank v. Evans. 31 A.D.3d 278,280,820 N.Y.S.2d 2,

4 (2d Dep't 2006)(quoting Kaeen v. Kaeen. 21 N.Y.2d 532, 537, 289 N.Y.S.2d 195 (1968);

citing Fry v. Village ofTairvtown. 89 N.Y.2d 714,718,658 N.Y.S.2d 205,207(1997)).

13. As such,Defendant's motion must be denied.

14. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

3211(a)(3). Defendant's arguments lack merit.

15. That Defendant has failed to serve a timely Answer or move to dismiss the

Complaint pursuant to CPLR 3211(a)(3) prior to the time before service of the responsive pleading

was required. As such this objection and/or defense has been waived. See CPLR 3211(e).

16. Furthermore, as legal capacity refers to a litigant's power to appear before the court,

it is determined by the status ofthe litigant, such as whether the litigant is an infant, adjudicated as

incompetent, a trustee, governmental entity, or a corporation. Sec. Pac. Nat'l bank v Fvang^ 31

A.D.3d 278,279(1st Dep't 2006)(citing Cmtv. Bd.7 v. Schaffer.84 N.Y.2d 148,155(1994).

17. A Trustee holds legal title to Trust property. New York E.P.T.L. § 7-2.1. As

such, the Trustee is the proper party to maintain an action on behalf of the Trust, particularly in

the context of a foreclosure. "[Wjhere a bond and mortgage are held in trust for the benefit ofa

third person, the trustee, as holder of the legal title thereof, ordinarily is entitled to maintain an

action to foreclosure the mortgage although on such person's refusal to act in a proper case, the

beneficiary may bring the action." 78 New York Jurisprudence Mortgages and Deeds of Trusts §

535.

18. As such. Defendant's motion must be denied.

{5570569:}
19. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

3211(a)(5). Defendant's arguments lack merit.

20. That Defendant has failed to serve a timely Answer or move to dismiss the

Complaint pursuant to CPLR 3211(a)(5) prior to the time before service ofthe responsive pleading
was required. As such this objection and/or defense has been waived. See CPLR 3211(e).

21. Furthermore, this action was timely commenced on April 18, 2016 based on

Defendant's default in payment for the June 1, 2010 payment due under the terms of the Note and

Mortgage. See Plaintiffs Afhrmation of Regularity at Exhibit "G," previously filed herein. The

Statute of Limitations for a contract is six years. CPLR 213.

22. That with respect to the filing of a prior foreclosure action on October 8,2009,the

commencement of this action was still within the six year statute of limitations.

23. "'With respect to a mortgage payable in installments, there are 'separate causes of
action for each installment accrued, and the Statute of Limitations [begins] to run, on the date
each installment[becomes] due." Cohen.80 A.D.3d at 754,915 N.Y.S.2d 569(2d Dept. 2011).
24. That with respect to a prior action alleged to have been filed by Defendant,

acceleration did not occur as the proceedings did not reach judgment. See Nationstar Morte.. LLC

V. MacPherson. 2017 N.Y. Misc. LEXIS 1296, 2017 NY Slip Op 27120, 2017 WL 1360209

(Suffolk Cnty. Sup. Ct. 2017).

25. As such. Defendant's motion must be denied.

26. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR
3211(a)(7). Defendant's arguments lack merit.

27. "On a defendant's motion to dismiss a complaint based upon the plaintiffs alleged
lack of standing,the burden is on the moving defendant to establish, prima facie, the plaintiffs

{5570569:)
lack of standing as a matter of law." DLJ Mtge. Capital. Inc. v Pittman. 150 A.D.3d 818, 820,

2017 N.Y. App. Div. LEXIS 3658,2017 NY Slip Op 03730,56 N.Y.S.3d 120(2d Dep't 2017).

28. That Defendant &ils to make any legally cognizable claims as to why Plaintifflacks

standing to foreclose. As such. Defendant's motion must be denied.

29. Furthermore,Plaintiffhas established its standing to foreclose by demonstrating

30. That Plaintiff has demonstrated its standing to foreclose as holder of the Note by

attaching a dated attorney certified copy of the Note,endorsed to its favor, to the Complaint. See

Plaintiffs Af&rmation of Regularity at Exhibit G,previously filed herein; see generally Nationstar

Mtee.. LLC v Catizone. 127 A.D.3d 1151, 1152, 9 N.Y.S.3d 315, 2015 N.Y. App. Div. LEXIS

3475, 2015 NY Slip Op 03510 (2d Dep't 2015); Bank of New York v. Silverbere. 86 A.D.3d

274, 281, 926 N.Y.S.2d 532, 538 (2d Dep't 2011) quoting US Bank Nat'l Ass'n v Madero. 80

A.D.3d 751,753(2d Dep't 2011).

31. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

3211(a)(8). Defendant's arguments lack merit.

32. It is well settled that a process server's sworn affidavit constitutes prima facie

evidence of proper service. Bidetti v. Salter. 108 A.D.2d 890, 485 N.Y.S.2d 772 (2d Dep't

1985); Vahotis v Psaroudis. 78 A.D.3d 683; 911 N.Y.S.2d 111 (2d Dep't 2010); Commissioners

of State Ins. Fund v. Nobre. Inc.. 29 A.D.3d 511; 816 N.Y.S.2d 493;(2d Dept. 2006); Wieck v.

Halpem.255 A.D.2d 438,680 N.Y.S.2d 599(2d Dep't 1998).

33. Here, a filed affidavit of service from the process server evidencing service upon

Defendant. Attached hereto as Exhibit "A" is the Affidavit of Service filed on Defendant A

supplemental summons was served upon Defendant pursuant to CPLR 3215(g) on June 6, 2016.

See Plaintiffs Affirmation ofRegularity at Exhibit K,previously filed herein.

(5570569:)
34. To rebut the presumption of service, the defendant was required to supply an
affidavit wherein it swears to specific facts to rebut the statements in the process server's
affidavit.^C&H Import & Export. Inc. v MNA Global. Inc.. 79 A.D-3d 784; 912 N.Y.S.2d

428(2d Dep't 2010); Foster v. Gordon.269 A.D.2d 152, 703 N.Y.S.2d 23(1st Dep't 2000).
35. Defendant has failed to provide a sworn affidavit attesting to specific facts to
rebut the statements in the process server's affidavit, instead providing an unsigned, unsworn
"Affidavit in Support of Motion to Dismiss and For Sanctions." See Defendant's Affidavit in

Opposition to Alleged Plaintiffs Motion for an Order of Reference and in Support of Cross-
Motion to Dismiss and For Sanctions("Defendant's Affidavit in Opposition") at Exhibit B.
36. In fact, the Affidavit that Defendant seems to be relying upon to rebut the process
server's affidavit is from a 2009 action, is unsigned but dated in January of 2010, and references
service ofprocess effectuated in a different proceeding. See Defendant's Affidavit in Opposition
at Exhibit B. That this Affidavit certainly cannot refute the affidavit of the process server and

serves to illustrate the frivolous nature ofDefendant's papers.

37. That nowhere in the signed and sworn Defendant's Affidavit in Opposition does
he swear to a denial ofreceipt of service of process or specific facts to rebut the process server's
statements. See Defendant's Affidavit in Opposition.

38. As such. Defendant is not entitled to a traverse hearing on the issue of personal
jurisdiction, much less dismissal ofthe Complaint,and Defendant's motion must be denied.

39. Defendant alleges that dismissal of the Complaint is warranted pursuant to CPLR

321 l(a)(10). Defendant's arguments lack merit

40. That Defendant fails to specify what necessary party was not named and has

therefore not substantiated the objection.

(5570569:}
41. Furthermore, the absence of a necessary party in a mortgage foreclosure action is

insufficient to defeat plaintifTs entitlement to judgment,since the absence of a necessary party in

a mortgage foreclosure action simply leaves that party's rights unaffected by the judgment of

foreclosure and sale. See Ben. Homeowner Serv. Corp. v. Butler. 14 Misc. 3d 1233(A), 836
N.Y.S.2d 491, 2007 N.Y. Misc. LEXIS 413, 2007 NY Slip Op 50278(U)(N.Y. Sup. Ct. 2007);
See also Marine Midland Bank. N. A. v. Freedom Rd. Realty Assocs.. 203 A.D.2d 538, 611

N.Y.S.2d 34,1994 N.Y. App. Div. LEXIS 4318(2d Dep't 1994).

42. As such. Defendant's motion must be denied.

43. That based on the foregoing. Defendant's Cross-Motion must be denied, in its

entirety, and with prejudice.

Defendant is Not Entitled to Leave to File a Late Answer.

44. Defendant seeks leave to interpose a late Answer and Counterclaims. Defendant's

arguments lack merit

45. "Before vacating a procedural default, a fact-finding court should insist on a

showing of legal merit and a reasonable excuse for the delay [...]" Eaton v. Equitable Life

Assurance Soc.. 56 N.Y.2d 900,906,438 N.E.2d 1119,1122,453 N.Y.S.2d 404,407,1982 N.Y.

LEXIS 3505,*11-12(1982).

46. Defendant fails to allege, much less establish,a reasonable excuse for his default.

47. As stated in more detail above. Defendant's allegations as to improper service are

insufficiently substantiated to constitute a reasonable excuse.

48. That Defendant's time to Answer expired on June 26,2016.See Exhibit A.

(5570569:}
49. Furthermore, the Defendant was required to demonstrate a reasonable excuse for

his lengthy delay in bringing the instant motion to vacate his default, considering that he was

aware of the foreclosure as early as March of 2017, as evidenced by his late Answer served on

March 20, 2017. See Yenez. 1997 N.Y. App. Div. LEXIS 5103 (2d Dep't 1997); Bekker v.

PleischmaiL 35 A.D.3d 334, 825 N.Y.S.2d 270, 2006 N.Y, App. Div. LEXIS 14645, 2006 NY

Slip Op 9143 (2d Dep't 2006). Attached hereto as Exhibit "B" is Plaintiffs rejection of said

Answer (redacted as the original answer exceeded 50 pages).

50. As Defendant failed to offer a reasonable excuse, "it is unnecessary to consider

whether she sufficiently demonstrated the existence of a potentially meritorious defense." Reich

V Redlev.96 A.D.3d 1038,947 N.Y.S.2d 564, 2012 N.Y. App. Div. LEXIS 5094,2012 NY Slip

Op 5160,2012 WL 2401653(2d Dep't 2012).

51. That it remains for the reasons set forth above and herein, that Defendant has

failed to set forth a meritorious defense to the foreclosure. As such, the relief requested by the

Defendant must be denied,in its entirety.

Defendant's Remaining Arypiments Lack Merit

52. Defendant makes various allegations seeking relief pursuant to CPLR 5015 and

3216 and seeks leave to file a late Answer. Defendant's arguments lack merit

53. Initially, CPLR 5015 is not applicable as Defendant does not seek to modify or
reverse ajudgment or order, no orders having been entered by the Judge to-date in this case.

54. That CPLR 3216 does not apply to this action, as no issue has been joined. That

CPLR 3216 does not provide a basis for dismissal as grounded upon any alleged prior action.

55. That Defendant has not sufficiently sustained its burden of demonstrating that
Plaintiff or its counsel's conduct is sanctionable. Neither Plaintiff nor its counsel made material

{5570569;}
factual statements that are false, and in fact has a meritorious cause of action. As such. Rule 1 SO

LI does not apply and Defendant is not entitled to attorneys' fees or sanctions.

56. With respect to Defendant's claim that Victoria Munian, Esq. peijuriously stated

that "no previous application has been made for this or like relief," Ms. Munian's statements in

her Affirmation of Regularity were not inaccurate as the statement referred to applications made

within the instant action. That no prior application for an Order of Reference was made in this

action.

57. That this action was not frivolous as Plaintiff has demonstrated its standing to

foreclose and for the reasons set forth more fully above.

58. That Defendant has not demonstrated an entitlement to disclosure, as the issue has

not been joined.

59. That to the extend any allegations by the Defendant have been misunderstood or

overlooked due to the form of Defendant's papers, Plaintiff categorically denies and alleges that

each and every ofthe remaining allegations in Defendant's papers lacks merit.

60. That based on the foregoing. Defendant's Cross-Motion must be denied, in its

entirety and with prejudice.

Dated: October 31,2017

ii^r
Miehael Jablonski, Esq.
Atiorneysfor Plaintiff
Woods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester, NY 14614
Tel.:(855)227-5072

{5570569;)
i ^

Exhibit A
IFILBD; KINGS COPNTY CltBBK 06/30/2016 OStlO Atti INDEX NO. 506127/2016
NYSCEP MC 13 RBCEIVED NYSCBF: 06/30/2016
PROVEST,LLC WOODS OVIATT OILMAN,LLP
320 CARLETON AVE,STB.2600 700 CROSSROADS BLD6
CENTRAL ISUP,NY,11722 ROCHBSTE^ NY 14614
(631)666-6168

SUPREME COURT OPTHE STATE OF NEW YORK


COUNTY OP KINGS INDEX# 16-506127

UA BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR


BANC OF AMERICA FUNDING CORPORAHON MORTGAGE
PASS-THROUGH CERTinCATBS,SERIES 2006.F,

Against AFFIDAVIT
OFSERVICE
MICHAEL KRICBEVSKY,£T AL
ttefeadants.
STATE OF NY COUNTY OF KINGS

WctxfyDoisonne bdsg dulyswoin,dqMses and says: that di^onent is not a pai^to this action,is over 18 yeais ofage
and residesin the State ofNY.

ThatoaJuno 17,2016et9d0PMat 4221 ATLAimC AVENUE,2ND FLOOR. A/K/A 4219-4221 ATLANTIC


AVENUE,BROOKLYN,NY 11224,dqwrnentserved the within NOTICB REGARDING AVAILABILITY OF
ELECIRONIC FILING &SUMMONS FORECLOSURE ACTION &FORECLOSURE COMPLAINT AND DEBT
VyUJDATlON LETTER"nddch contains the additional notice tequhements in accordance with BFAPL §1320, along
with a copy ofthe Homeowner'sFoieelosurB Notice aslequiied by RFAPLf1303,which notice was printed ona
colored pieee ofpaper,which color difiered from that ofthe color ofthe NOTICE REGARDING AVAILABILITY OF
ELECTRONIC FIUNG &SUMMONSFOREOLOSURE ACTION &FORECLOSURE COMPLAINT AND DEBT
VALIDATION and the notice wasin bold,fouxteen-pdnt type, widithe title ofthe notice in bold,tweo^point Qrpe,
and Certificatkm with exhibits asieqaiiedby CPIR §3012-B bearhigindex# 16-506127,filed 04/18/2016 on
MICHAEL KRICHEVSICY,defendant named,
INDIVIDUAL
by ddivering thereat a true copy ofeach to said defendant personally,dq^tooent knew said
S personso saved to be die person described as said defendant therein. (S)He identified(her)
himselfas such.

DESCRIPTION
Dqrenentdesaibes the irtdivtdual served to the best ofdqiottcnt's abili^ at the time and
drcumstances ofservice as follow:
Skia Color H^ifCplpr ARe(AT»»y) Height(Affry) weight fAoncl
M WHITE SALT/PEPPER 60 5'9 ISO

USEIN NYC The language required by NYCRR 2900.2(e),(f)&(h) was set forth
CIVIL or. on the fece ofsaid summons(es)

MIUTARY I asked the person spoken to whether the defendant was in active miUtaiy service ofthe
SERVICE United Stales or ofthe State ofNY in any cqiaclty whatever and received a
negative reply. The source ofmy information and the grounds of my bdiefare the
] conversations and observations above narrated. Upon inibrmation and beliefI aver that the
defendantis notin the military service ofNY or ofthe United Slates as that term is defined in
either the State or Federal statutes.

SWORN TO BEFORE ME ON ^ » • r-
KAREN KANE
Nolaiy Putrilc, State of New York UCENSE# 20333IS
No.01KA60S8127 FILE #20160296
Qualified in Nassau County CASE ID #4580095
Ccmmission Expires Decerbar(M.2019

I o£ 1
Exhibit B
STATE OF NEW YORK
COUNTY COURT: COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION,AS


TRUSTEE FOR BANC OF AMERICA
FUNDING CORPORATION MORTGAGE NOTICE OF RETURN
PASS-THROUGH CERTIFICATES,SERIES AND REJECTION OF
2006-F, VERIFIED ANSWER

Plaintiff, INDEX NO.: 506127/2016

V. MORTGAGED PREMISES:
4221 ATLANTIC AVENUE
MICHAEL KRICHEVSKY,NEW YORK A/K/A 4219-4221 ATLANTIC
STATE DEPARTMENT OF TAXATION AND AVENUE BROOKLYN,NY
FINANCE,UNITED STATES OF AMERICA 11224
BY THE INTERNAL REVENUE SERVICE,
CITY OF NEW YORK PARKING SBL#:
VIOLATIONS BUREAU, BLOCK 7026 LOT 53
And JOHN DOE

Defendants.

PLEASE TAKE NOTICE, that Plaintiff be and hereby is returning and rejecting the

Answer with Counter Claims of the Defendant Michael Krichevsky, dated March 8, 2017 and

received by electronic filing on March 9,2017 for the following reason:

1. The time within which to respond to the complaint as ofright expired on

July 6,2016.

2. The Answer and was served after the time to respond had expired.

3. Personal service upon the Defendant was completed on June 16,2016.

4. No extension oftime has been granted.

5. Pursuant to section 320(a)ofthe New York Civil Practice Law and Rules

("CPLR*'),Defendant's time to reqwnd to the complaint expired on July 6,2016. Yet, Defendant

attempted to serve the Answer by electronic filiag on March 8,2017.

{4918779;)
6. The Answer is therefore untimely pursuant to CPLR 320(a) and 3012(a)and is

hereby returned and rejected in their entirety by the Plaintiff.

DATED; March 2017


Rochester, New York Victoria £. Munian,Esq.
Woods Oviatt Oilman LLP.
Attorneysfor Plaintiff
700 Crossroads building
2 State St
Rochester, New York 14614

TO:

Michael Krichevsky
4221 Atlantic Avenue
a/k/a 4219-4221 Atlantic Avenue
Brooklyn,NY 11224

RE:Notice of Rejection of Answer


U.S. BANK NATIONAL ASSOCIATION v. MICHAEL KRICHEVSKY,et al.
Kings County Supreme Court,Index No. 506I27/20I6

{4918779:)
STATE OF NEW YORK
COUNTY COURT:COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION, AS


TRUSTEE FOR BANC OF AMERICA
FUNDING CORPORATION MORTGAGE AFFIDAVIT OF SERVICE
PASS-THROUGH CERTIFICATES,SERIES BY MAIL
2006-F,
INDEX NO.: 506127/2016
Plaintiff,
MORTGAGED PREMISES:
4221 ATLANTIC AVENUE
A/K/A 4219-4221 ATLANTIC
MICHAEL KRICHEVSKY,NEW YORK AVENUE BROOKLYN,NY
STATE DEPARTMENT OF TAXATION AND 11224
FINANCE,UNITED STATES OF AMERICA
BY THEINTERNAL REVENUE SERVICE, SBL#:
CITY OFNEW YORK PARKING BLOCK 7026 LOT 53
VIOLATIONS BUREAU,
AndJOHN DOE

Defendants.

STATE OF NEW YORK )


COUNTY OF MONROE )SS:

Marina Pacheco, being duly sworn, deposes and states as follows:

That the deponent is an Employee of Woods Oviatt Oilman, LLP, attorney for the
Plaintiff in the above entitled foreclosure action and resides in the State of New York, That

Deponent is not a party to this action and is over the age of18 years.

That on the 90 day of March,2017, Deponent served a true copy of the Notice of
Return and Rejection of Answer in this action on the Defendants whose names and addresses

appear below by depositii^ a true copy of same, enclosed in a postpaid properly addressed

{4918779:)
wrapper, in an official postal depository at 700 Crossroads Building, 2 State Street, Rochester,

New York, under the caie and custody of the United States Postal Service within the State of

New York.

The foregoing statements are true, under penalty of peijuiy

Manna Pacoe/b

Sworn to before roe this

^0 day of March,2017

Notary Public sarae smith


Mctary PuWh;State of New York
Qualified In Monroe County
Mo.01SMB275756
My Commission Expires February 4,2021

TO:

Michael Krichevsky
4221 Atlantic Avenue
a/k/a 4219-4221 Atlantic Avenue
Brooklyn,NY 11224

RE: Notice ofRejection of Answer


U.S. BANK NATIONAL ASSOCIATION v. MICHAEL KRICHEVSKY,et al.
Kings County Supreme Court,Index No. 506127/2016

{4918779:)
IFILED; KINGS COUNTY CLERK 03/09/2017 09;46 AM) INDEX NO. 506127/2016
MYSCEP doc. no. 27 RBCBIV3D NYSCEF: 03/09/2017

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS

INDEX NO.506I27/20I6
U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2006F, VERIFIED ANSWER TO
Plaintiir, UNDATED
FORECLOSURE
-against- COMPLAlNTi
COUNTERCLAIMS
MICHAEL KRICHEVSKY,et al* DEMAND FOR TRIAL
Defendants. BY JURY

COUNSELORS:"Our courts should not be collection agencies for crooks." — John Walheei

Governor of Hawaii,1986-1^4.

TAKE JUDICIALNOTICE: that I, Michael Krichevsky, am alive, private man, who is one ofthe people

of New York. I am domiciled in the material world to wit: geographic area offormer Dutch colony

currently known as New York Republic. The change from colony to republic occurred during creation and
signing ofConstitutionfor the united states ofAmerica. Man,Michael Krichevsky,therefore stands on the
common law custom and usagejurisdiction of people domiciled in this geographic area. THE STATE OF

NEW YORK is fictitious entity, creation of mind,known as corporatioa Alive man,Michel Krichevsky,

is notcorporation or Juristic person'; Michael Krichevsky is not a shareholder,agent or employee ofsaid


corporation; Michael Krichevsky did not knowingly contract with said corporation; Michael Krichevsky
is not a property ofthis corporation. As such, no nexus between corporation and man exists. Therefore,it
Is axiomatic that man,Michael Krichevsky,cannot be a resident ofsuch fiction end anyone clcdming to the

contrary is incompetent or trying to perpetrate the fraud upon the court in procuringjurisdiction ofTHE

STATE OF NEW YORK over mc.

eSiSW 9-aVHtllll
iia3"lO

I of 49
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-F,

Plaintiff,

AFFIDAVIT OF MAILING

INDEX#: 506127/2016
MICHAEL KRICHEVSKY,NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, MORTGAGED PREMISES:
UNITED STATES OF AMERICA BY THE INTERNAL 4221 Atlantic Avenue a/k/a
REVENUE SERVICE,CITY OF NEW YORK PARKING 4219-4221 Atlantic Avenue
VIOLATIONS BUREAU,JANE DOE.MARIA Brooklyn, NY 11224
TOMKEVYCH,
and JOHN DOE,

Defendants.

I, Sara E. Smith,being duly sworn, deposes and says:

I am not a party to the action, am over 18 years ofage, and reside in Rochester, New York.

On October 31,2017,1 served a copy of the Affirmation in Opposition relative to the above
matter in a sealed envelope, with postage prepaid thereon, in a post ofhce or depository of the United
States Postal Service within the State of New York,addressed to the last known address ofdie individuals
as indicated below.

Michael Krichevsky
4221 Atlantic Avenue a/k/a
4219-4221 Atlantic Avenue
Brooklyn, NY 11224

Sara E. Smith
Clerk

Sworn to befdreine. t, <^^1*^

Notary Pubnc

NOTMV PUBUC,A-Stele
HARRIS
of New York
Qualified in Monroe County
Reglslratlon No.01HA6292074
(SS70923:}
commission Expires October 28,20^1
EXHIBIT I
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE


FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-F,

Plaintiff,
StJR-REPLY

MICHAEL KRICHEVSKY,NEW YORK STATE


Index No.: 506127/2016
DEPARTMENT OF TAXATION AND FINANCE,
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARKING
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

Pursuant to CPLR 2106, and under penalty of pequry Michael Jablonski, Esq., afBrms the
following:

1. Affirmanl is an attorney with Woods Oviatt Oilman LLP the attorneys of record for

the plaintiffin the above entitled action.

2. This Sur-Reply is submitted in response to the 'Affidavit of Truth in Opposition to

Motion for Order of Reference" of Defendant Michael Krichevsky ("Defendant") and in Ruther

support ofPlaintiffs pending Motion for an Order of Reference ("Plaintiffs Motion"),and in further

opposition to Defendants Cross-Motion seeking dismissal of the Complaint ("Defendant's Cross-

Motion"). Leave for Defendant to serve additional Opposition to Plaintiffs Motion, as well as for

Plaintiffto file a Sur-Reply thereto, was granted orally by this Court on November 13,2017.

3. Defendant, to the best of Plaintiffs counsel's ability to discern, alleges that Plaintiff

has not responded to various discovery demands including but not limited to requests for

{5763225: J
documentary proof ofthe existence of the Plaintiff and that therefore Plaintiff is not entitled to an

Order ofReference and'Defeult Judgment.

4. However,as stated in more detail in PlaintijQPs Affirmation in Opposition hereunder

dated October 31,2017, Defendant is in default in Answering the Complaint and the issue has not

been joined. See Affirmation in Opposition of Michael Jablonski, Esq. dated October 31, 2017,

previously filed herein.

5. It remains that Defendant has not alleged a reasonable excuse for his failure to file a

timely Answer, as is required to vacate his default Eaton v. Equitable Life Assuranr-f* Snr., 56

N.Y.2d 900,906,438N.E.2d 1119, 1122, 453 N.Y.S.2d 404,407,1982 N.Y. LEXIS 3505, *11-

12(1982).

6. A defeulting party is deemed to have admitted all allegations in the Complaint. See

McCIelland v Climax Hosiery Mills. 252 NY 347,352(1930).

7. As such, discovery is not necessary as the disclosure requests served by the

Defendant could not possible pertain to relevant evidence.

8. "It is incumbent on the party seeking disclosure to demonstrate that the method of

discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to

lead to the discovery of information bearing on the claims r...1."Cra2vtown Furniture. Inc. v

Brooklyn Union Gas Co.. 150 AD2d 420,421 (2d Dep't 1989).

9. That none of the disclosure requested by Defendant goes to the merits of the

instant motion, which is simply whether Plaintiff has demonstrated a prima facie case for

foreclosure and whether Defendant was in default in timely Answering the Complaint. See

CPLR 3215; PlaintifPs Affirmation of Regularity, Affirmation in Opposition, and Reply,

previously filed herein.

{5763225:}
10. Furlhennore, the sufficiency of Plaintiffs motion for a default judgment pursuant to

CPLR 3215 is to bejudged at the time the motion was submitted, which predated the service ofany

discovery demands by Defendant. See State of NY v Williams. 26 Misc 3d 743, 749(Sup Ct,

Albany County 2009).

11. That Plaintiff has met its burden pursuant to CPLR 3215(f). See Plaintiffs

Affirmation of Regularity at Exhibits A and J.'The standard of proof is not stringent, amounting

only to some firsthand confirmation ofthe facts." Feffer v. Malneso. 210 AD2d 60,61 (1st Dep't

1994).

12. Based on the foregoing, in light of Defendant's default and his failure to allege a

reasonable excuse for failing to submit a timely Answer, the relief requested by PlaintiEf should not

be delayed by Defendant's requests for disclosure.

13. Furthermore,U.S. Bank National Association does in fact exist, as does the Trust for

which it acts as Trustee. See Plaintiffs Affirmation of Regularity at Exhibit P, previously filed

herein, see also https://www.sec.gov/cgi-bin/browse-

edgar?action=getcompany&ClK=0000830013&type=&dateb=&owner=include&start= 1 OO&count

=100&output=xml.

14. That the various defenses alleged by Defendant in his additional Opposition have

been deemed wraived pursuant to CPLR 3211(e)and furthermore lack merit.

15. That PlaintilT and its counsel categoricaUy denies the remaining allegations,

conclusions, statements and arguments set forth by the Defendant.

{5763225:)
16. Based on the foregoing, Plaintiffs Motion must be granted, in its entirety, and

Defendant's CrossiMotion must be denied,in its entirety, and with prejudice.

Dated: January 9,2018

Ic^l Jablonski, Esq.


jt^neysfor Plaintiff
)ods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester, NY 14614
Tel.:(855)227-5072

{5763225:}
EXHIBIT L
Supreme Court of New York
Kings County

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F. NOTICE OF AMENDED
Plaintiff. OMNIBUS
CROSS-MOTION TO
-against- DISMISS AND FOR
SANCTIONS
MICHAEL KRICHEVSKY,el al, Justice Noah Dear
Defendants. Oral argument requested

COUNSELORS:

PLEASE TAKE NOTICE,that upon the annexed affidavit of Michael Krichevsky, sui

juris,sworn to the 7th day of March,2018 and upon all the pleadings and proceedings heretofore

had herein with and/or without presence of Falsely Accused, he will cross-move. Under Duress,

before this Court at an IAS Part I, room 756, at the Courthouse located at 360 Adams Street,

Brooklyn, New York on the 7th day of March,2018 at 9:30 a.m. in the forenoon of that day or as

soon thereafter as counsel can be heard for judgment dismissing the action with prejudice and

granting the relief requested in this Amended Omnibus Cross-Motion as follows:

1. Adjourn the March 7"', 2018 hearing on the record with court reporter 1 requested
because I need to travel out ofstate and verify last minute information in alleged plaintiffs sur-

reply in order to amend my supporting affidavit.

2. Thereafter or alternatively, per CPLR 3024(b)strike affidavits, affirmations and

assignments as bazaar,fabrications,sham,false, prejudicial and misleading; alternatively, set up

Evidentiary Hearing.

3. Take judicial notice of Defendant's status as alive man, not juristic entity or legal fiction

such as corporation,trust or estate spelled NAME in all capital letters on caption and in exhibits
of this action.

4. As a first step, set in-K:ourt identification testimony of Plaintiff and order alleged

plaintiffs attorney, WOODS OVIATT OILMAN,LLP. to show authority per New York State

Agency laws to represent alleged Plaintiff by disclosing identity ofthe parties to retainer per

CPLR 3013 and 3015(b),and order continuance to conduct disclosure.

5. Dismiss the action with prejudice per CPLR §3211 (a)(5)- as 6 years Statute of

Limitation run and per Statute of Frauds.

6. Set up Traverse Hearing by Jury.

7. Order WOODS OVIATT OILMAN,LLP,to rebut my supporting affidavit point for

point with paper evidence in their possession per CPLR 2214(c)as 1 expect that they would not

do it intentionally.

8. Thereafter, per CPLR 2214(c) papers to be produced on notice and per CPLR 2218 trial

ofissue raised on motion compel WOODS OVIATT OILMAN. LLP. to produce the jury proof

of Plaintiffs standing and identity; direct attorney allegedly representing corporation or trust in

court to appear with corporate charter and/or other forming documents to rule out champerty,

verify Plaintiffs status, name,address and requirement to post a non-resident bond.

9. Dismiss the action with prejudice per CPLR §3211 (a)(1),(2),(3),(5),(7),(8),(10);

§5015 upon the grounds offraud, misrepresentation; misconduct,iudiciaiy Law 478,evidence

tampering and per unclean hands doctrine.

10. Additionally and alternatively, dismiss with prejudice NUNC PRO TUNC the action per

CPLR §3216 for failure to prosecute 2009 action, doctrines ofequitable estoppels and laches.

11. In the event this motion is not persuasive, compel Plaintiff to accept filed answer with

counterclaim per CPLR 3012(d).


12. In addition, for such other and further relief as to this Court may seem Just and Equitable,

including the costs ofthe cross-motion.

13. Alternatively, dismiss NUNC PRO TUNC the action per CPLR §3216 for failure to

prosecute and doctrine oflaches.

14. Alternatively, dismiss the action under doctrine of unclean hands.

15. Sanction attorneys for alleged Plaintiff for frivolously starting this action.

16. Issue entry of defaultjudgment on counter-claim.

17. In the event this motion is lawfully lost, treat this motion partially as a Motion for More

Definite Statement and compel plaintiff accept my Answer and counter-claim.

18. In addition, for such other and further relief as to this Court may seem Just and Equitable,

including the costs ofthe cross-motion.

This action is not on the trial calendar.

Dated: Brooklyn,New York


March 6,2018

Michael Krichevsky, Sui Juris


4221 Atlantic Ave
Brooklyn. New York 11224
(718)687-2300

WOODS OVIATT OILMAN,LLP.


700 Crossroads Building
2 State Street
Rochester. NY 14614
EXHIBIT M
Michael Krichevsky, Sui Juris
4221 Atlantic Ave
Brooklyn. NY 11224
718-687-2300

Personal & Confidential

Mach 31,201^by regular mail and Certified RRR 7012^1470 ODQJt 5316 4316

Noah Dear
969 E 7"^ Street
Brooklyn, New York 11230-2705

Re: US Bank v. Krichevsky


Index No. 506127/2016

Greetings Noah Dean

This letter should not be considered as ex-parte communication per se. I write this letter to
you as a man to man,individually. 1 would like to respectfully remind you of your mandatory duty
under 18 U.S.C. §4: Misprision of Felony. 1 am a victim ofcrimes by opposing attorneys violating
Donald J. Trump Executive Order regarding human trafficking and violation of Magnitski Act. I
would like this letter to serve as Personal Notice and my Loss Prevention Practice. Additionally,
this letter should be used as a sealed information or criminal complaint against opposing attorneys'
felonies.
There is no penalty for making reasonable mistakes during litigation in good faith.
However,ifone intentionally does harm,then he may be sued. But, before he can be sued, he must
be given a fair opportunity to correct his error. My affidavits gave them that fair opportunity. By it,
they may have sufficient notice to assert proper diligence and inquire further to discover that which
an inquiry pursued in good faith would disclose. I have a reason to believe that ifI address this
letter to your place ofbusiness, your court attorneys may not deliver this letter for you to read. I am
alarmed and outraged by conduct of all attorneys involved for the reasons stated below.
As you.Judge, may recall there was a hearing on March 7,2018, which 1 requested earlier.
My intention was, and I told about it to your court attorney, to make a record ofopposing
attomeys' misconduct, which sabotaged my due process and defense rights, and nothing else.
These rights are not granted by the judge or opposing attorneys, but protected by them to limit
government's ability to abuse people. Otherwise, they lose jurisdiction. 1 noticed said misconduct
in my affidavits and in one attempt to 'meet and confer.* I told your clerk about that misconduct.
Then, your clerk scheduled this hearing. 1 intended to discuss that misconduct and get your
assistance on the record in upholding my rights and due process. I watched how your clerk was
whispering something to you right before the hearing, which gave me a feeling that it was
something about my case.
As 1 suspected,things did not go the way 1 planned and intended. I was rushed tojudgment
under your presumption that I fully submitted my opposition for you to make final decision. You
may recall that 1 objected to this presumption or ruling of'papers fully submitted.' 1 also had a
feeling that my case was predetermined, hence 'fully submitted' and there is no reason for delay
the award my estate to these criminals.
As I understand the law, I have to agree to the presumption of'fully submitted', have to
feel confident that I indeed had full and fair opportunity to litigate my defense. In addition, I have
to be confident in your presumed intent and ability to render impartial, fair and equitable ruling. At
this moment,1 am not confident that it will be you,Judge, personally making a ruling or that your
ruling is not influenced by misleading evidence from opposing attorneys.
Now,I infer that opposing attorneys deliberately failed and later refused to address my
accusations and discovery demands because they knew that they were guilty. Even if they denied
my accusations, that still would be an admission on the record of their knowledge ofthe issues I
have raised. Instead,they pretended to be blissfully ignorant of my demands and accusations when
they deliberately made''strawman" arguments described in my last affidavit, which I handed to
you.
I consulted one prominent attorney about these criminals and he advised me to rewrite my
affidavit as if I write for a 5 year old so that neitherjudge nor attorneys can argue
misunderstanding. To accomplish this. I decided to travel to the corporate offices of alleged
plaintiff and its alleged witnesses and a)get denial or admission of retainer with opposing
attorneys; and b)denial or admission that US BANK is acting as trustee for non-existent trust. You
see, according to all court filings with witness affidavits by alleged plaintiff, US BANK is acting
as trustee for BANC OF AMERICA FUNDING CORPORATION (alleged TRUST),which is
actually "depositor" as party to Pooling and Servicing Agreement(PSA)by definition. The copy
ofthis incomplete PSA(15 pages out of210)alleged plaintiffentered into court record as exhibit P
of the order of reference. 1 enclosed it here as courtesy. According to said copy ofPSA,the real
trust is totally different entity- Banc of America Funding 2006-F Trust(see page 28 ofexhibit P).
This trust is neither named, nor mentioned in this case, and therefore is not present here as a
necessary party with standing to start this law suit, at least theoretically. Therefore, whatever
alleged plaintiffand its alleged attorneys claim in their affirmations and affidavits contradict
exhibit P's PSA facts, the theory of securitization law and trust law.
In my affidavit, which I handed to you on March 7,2018 hearing, 1 stated that I would like
to adjourn the proceeding,amend my motion to dismiss as I am going to visit the offices ofalleged
Plaintiff and Wells Fargo Bank involved in this matter to verify or impeach opposition. I kept my
word. On March 11,2018,1 drove my car at 425 Walnut Street, Cincinnati, Ohio where US Bank
conducts Trust and Custodian Services according to the theory ofsecuritization and PSA. At this
address, there is huge high-rise building likely owned by US Bank. On the 6th floor, indeed there
are trust and custodian services of US BANK. I met with several workers there. They all were
friendly and tried to help. I presented to them complete motion for order ofreference,together with
the exhibits and asked them ifthey can identify my property or me in their computer network using
information from said documents. I also asked them whether US BANK have any relationship
with the law firm WOODS OVIATT OILMAN,LLP from New York. I explained to them the
purpose of my visit and they all looked puzzled and concerned. In about 2 hours that 1 spent there,
they all came up with nothing. However,this nothing is something. It is an evidence ofthe lack of
evidence against me and offraud upon the court by WOODS OVIATT OILMAN,LLP,officers of
the court. Accordingly,I defeated their motion for order of reference that even 5 years old will
understand that this whole case is unauthorized by US BANK filings, which is felony fraud.
Immediately thereafter, I drove at 3476 Stateview Boulevard, Fort Mill, SC 29715 where
Wells Fargo Bank^s foreclosure mill is located. To make a long story short, 1 came up with
nothing, which is too something in my favor.
You may recall. Judge Dear. I raised the issue ofexhibit P incompleteness and asked
opposing attorney whether it is intentional act and whether they would correct this defect. As of
today, 1 have no evidence that they filed complete PSA into record or sent me a complete copy.
Additionally,exhibit P that they filed in court differs from the one that they sent me with their
motion. The one that is in court has on it page numbering "151 of210'" mark, whereas on mine
*'151 of210'' is redacted. Accordingly,the act ofredacting this page numbering on exhibit P made
for me is deliberate act ofevidence tempering and fraud upon the court by all attorneys involved,
which is felony. Therefore, 1 infer that filing ofincomplete and redacted PSA was deliberate act to
mislead the court and me by nondisclosure ofexculpatory evidence.
1 finally obtained complete PSA on my own by wasting two hours and tinkering supplied
by opposition link to Edgar. 1 read and analyzed it. The most important part of this PSA(156
pages), is its referral to "Prospectus Supplement with PSA (277 pages)." Both documents I
enclosed here as a courtesy. After my analysis of both documents, I concluded in essence that on
June 28,2006 Bank ofAmerica made initial public offering ofcertificates as tradable securities on
Wall Street. This offering talked about future intention of the bank to sell those certificates to
investors and, using raised money, buy notes and/or mortgages secured by real estate. Prospectus
supplement finally talks about Banc of America Funding 2006-F Trust certificates(not a party to
this action). It states on page 1 that"MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F PRINCIPAL AND/OR INTEREST PAYABLE MONTHLY,BEGINNING IN JULY
2006." Now,this statement totally contradicts fraudulent allegation in alleged Plaintiffs
complaint that 1 borrowed and money came in December of2005 from said trust because at that
time trust didn't even exist. 1 don't know about you Judge, but 1 don't believe that alleged Plaintiff
had some kind oftime machine to go back in the past and lend me money. This explains why
opposing attorneys failed to include these documents and why US Bank workers could not find my
property and 1 in their database, which was not created in 2005 in fact. It also explains why the
mortgage and the note attorneys entered into the record deliberately altered to remove any
identifiable information such as loan number.
To hit a final nail in the head,alleged lender on the note and mortgage, Fairmont Funding,
allegedly have sold my alleged note to allegedly Banc of America Funding 2006-F Trust in
June-July 2006 according to attorneys' false and presumptuous allegations. Therefore, no officer
ofFairmont Funding had any authority to sign any assignment of note and/or mortgage in 2009 to
Wells Fargo or US Bank for that matter. To add more felonies to this case, Fairmont Finding as
New York entity was closed in 2007. As such,someone forged the signature ofthe non-existent
officer of non-existent entity on the note and/or mortgage in addition to forgeries of my signature
and signatures on assignments. I can go on and on and keep pocking holes in opposition's case and
evidence, but I think you see the picture.
This letter written in good faith to avoid unnecessary appeals or article 78 complaints,
because you.Judge maybe unaware of what can transpire some day in your absence and/or sign
some order(s)that would prejudice my rights and cause me damage.
You,judge, have a duty to investigate and report these attorneys to the BAR and Second
Department for violation of22 NYCRR Part 130.1,also, request that you Judge refer this case to a
Grand Jury to investigate my facts.
This is why I am not sending to opposition a copy ofthis letter as I am hereby initiating
criminal case under seal. I request that you» Judge, do not let them know about it.

Sworn to God,under penalties of Peijury and With Respect to Justice,

Michael Krichevsky, Sui Juris


Chambers of the Hon. Noach Dear
Supreme Court of the State of New York
Kings County
360 Adams Street
Brooklyn, NY 11201

April 10,2018

Michael Krichevsky
4221 Atlantic Avenue
Brooklyn, NY 11224

Dear Mr. Krichevsky,

We are returning your letter because it is an ex parte communication. Ex parte


communication is any communication with ajudge where opposing counsel Is not present or
copied. As such. Justice Dear is unable to consider your letter.

Sincerely, ^

Chambers Staff

CC:

Victoria E. Munian,Esq.
Attorneysfor Plaintiff
Woods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester, NY 14614
Michael Krichevsky, Sui Juris
4221 Atlantic Ave
Brooklyn, NY 11224
718-687-2300

Public Notice

April 23,2018 by regular mail and Certified RRR 7QIH DM70 0001 flg'lfl MjDji
Noah Dear
969 E 7*'Street
Brooklyn,New York 11230-2705

Partners
Woods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester, NY 14614

Re: US Bank v. Krichevsky


Index No.506127/2016

Greetings Noah Dear:

This letter is in reply to April 10,2018 unsigned letter from your chambers(copy enclosed)
to my letter addressed to you, personally (original enclosed). In that unsigned letter to me,
somebody wrote that my letter is ex-parte communication,etc. 1 presume that you read my
enclosed letter to you, directed someone to write this letter and to send my letter back with
enclosures, implying that no criminal referral would be made even ifthe crime continues. 1 read
recent news that in Pennsylvania prosecutors and judges often exchange text messages while
prosecuting a case together. Attorney who discovered that entered them into the record. Judge
moved to seal these texts, as they will damage reputation ofjudiciary in public view,implying of
12 Presumptions ofCourt. We live in crazy times-at least 1 do, is it not?
I would like to try to clarify my position ones again,so even 5 years old would understand.
For starters, I am not a member ofthe BAR and do not carry title ofnobility like Esquire.
Accordingly, I have no duty to follow any private laws offamily members only,such as NY State
Bar Association. 1 belong to God's family of men, which follow Golden Rule and Ten
Commandments. However,I have read official New York Rules of Professional Conduct and out
of my decency tried to follow them - only to learn from my personal experience that these are
propaganda tools to bamboozle people into myth of public service and equal justice,thereby
hiding 12 Presumptions ofCourt us^ on people. 1 would add that officially these rules designed to
protect people from rogue members ofthe BAR,and not the other way around. Did your stuff
attorneys ever follow Rule 8.3 - Reporting Professional Misconduct? Nobody did that in my case
from 2013 even though the evidence of misconduct is in every facet ofthis litigation starting from
2009 until today with ever changing law firms,sworn statements and fabrications ofdocumentary
evidence. I guess this settles the issue in my favor as victim ofattorney's misconduct!
As you may know,there are about 25,000 sealed indictments in federal courts across the
nation with biggest chunks, not surprisingly, in California and New York. This is historically
unprecedented number after election of Trump. Rumor has it that these are mostly indictments of
human traffickers and corrupt government officials as President Trump said,"Human trafficking
is a modem form ofthe oldest and most barbaric type ofexploitation. It has no place in our world.''
As an example,enclosed herein, is freshly unsealed indictment in Eastem District ofNew York.
These people are supporters and big financial contributors to Clinton's Campaign that she lost.
Human trafficking is forced labor, which 1 currently perform free as hostage in my defense from
2009, while all involved are earning a lavish lifestyle on my dime. In common law this crime of
human trafficking called BARRATRY.Naturally, 1 sent my sealed request to you for referral of
criminal investigation-taking a heed from US DOJ. So, why return my letter instead ofreplying
to me personally with your objections? As you may know,there is scandal after scandal going on
in Washington about corrupt governmental officials, perjury and fabrication ofdocuments with
leaks ofclassifled intelligence information to our enemies.So,it looks like secrecy and privacy are
things ofthe past, which you or your stuffconfirmed to me by leaking my request for criminal
investigation to criminals themselves. This leak enables them to start fabrication ofexculpatory
evidence in contemplation ofcriminal defense litigation. When FBI recently raided office of
attorney Michael Cohen in New York,they seized the whole office and he did not see it coming.
Whatever will happen in my case, I will reject any disclosure ofdocuments, witnesses or
explanations, which were not timely made,as fabrication and lies in contemplation of litigation
and not as business records.
On the other hand, US DOJ and members ofCongress last week made public request for
criminal prosecution ofComey,McCabe, Lynch and Clinton for, among other things,lying under
oath. 1 guess I have to live with open, public request for criminal investigation of members oflaw
firm WOODS OVIATT OILMAN,LLP,process server Woody Dorsonne and Wells Fargo Bank.
Accordingly, I hereby notify them and make these letters public.
Again, I respectfully remind you of your oath ofoffice and fiduciary duty to protect our
communities across the state as these people not only treat law and justice with contempt, but also
hold a grave danger to safety ofthese communities and to people individually.
Misprision ofa Felony
Misprision ofa felony is the offense offailure to inform government authorities of a felony that a
person knows about. A person commits the crime ofmisprision ofa felony if that person:
knows ofa crime that the person has witnessed or that has come to the person's
attention, and failed to prevent; or
fails to report it to aJudge or other official such as FBI agent(who is not themselves
involved in the crime).
Title 18 U»S,C,§4, Misprision offelony.
Whoever, having knowledge ofthe actual commission ofa felony cognizable by a court ofthe
United States, conceals and does not as soon as possible make known the same to somejudge or
other person in civil or military authority under the United States, shall be fined under this title or
imprisoned not more than three years,or both.
I have done my part ofreporting a crime against Communities and State to you,judge. A
federal or statejudge,or any other govemment official,is required as part ofthejudge's mandatory
administrative duties, to receive any offer of information ofa federal or state crime. If thatjudge
blocks such report, that block is a felony under related obstruction ofjustice statutes, and
constitutes a serious offense. Upon receiving such information,thejudge is then required to make
it known to a government law enforcement body that is not themselves involved in the crime.
Since I started talking about our government and elections. I would like to address
opposition's argument of my default and/or late answer since they opened the door. Notice, please,
that even though prior firms played dirty. 1 did not default in those cases and won because Judge
Bunyan was old schooljudge and upheld my due process. 1 did not vote for Donald Trump because
many others like me did not believe that he could win. Many others like me thought that voting for
Trump would be futile. They and I thought ofelection fraud and believed that Hillary Clinton
would be installed akin all elections done in banana republics(see transcript ofTrump's election
speech enclosed herein, which is relevant to the issues I raised). What Comey, McCabe, Lynch,
Holder and Clinton all have in common? They are all corrupt members of New York State BAR
and groomed there before moving to Washington. When WOODS OVIATT OILMAN,LLP at the
same time brazenly filed a third frivolous foreclosure suit against me,I thought that defending it
would be futile sincejustice rigged as Trump told us in his speech. At the same time 1 became a
victim offoreclosure defense scam byjudge Anna.1 would not bore you here with details, but this
scam contributed to my delay in answer. At the same time, I watched militias forming in
contemplation of riots,second Civil War and as result the martial law bringing New World Order
planned by Clinton. Therefore, 1 started emergency preparations to bug out ofthe City to save my
life. Then a miracle happened. Trump won elections. This is when 1 realized that nation and 1 may
have a chance. Now 1 support Trump. This is why I filed my answer with counterclaims. Also,
please, notice that opposition failed to rebut or address the reason for rejecting my answer such as
surprise or prejudice. They could not since they have no case to start with. However, they
attempted to steer the court and me into arguing a law office failure in my defense. It is an attempt
to distract or divert attention from real issues ofcrime. As all know, 1 have no law office and if I
took the bait and went that route, 1 would mislead the court and lose. This is why I did not do it.
In conclusion, by this letter 1 notify the opposition as you suggested by this leak and ready
to move forward with criminal investigation ofcrimes against me.

Sworn to God, under penalties ofPeijury and With Respect to Justice,

Michael Krichevsky,Sui Juris


ExMbit P
EXECUTION COPY

BANC OF AMERICA FUNOrNG CORPORATION,

as Depositor,

WELLS FARGO BANK,N.A.,

as Servicer and Securities Administrator,

and

U.S. BANK NATIONAL ASSOCIATION,

as Trustee

POOLING AND SERVICING AGREEMENT

Dated June 29, 2006

Mortgage Pass-Through Certificates


Series 2006-F

53570.000183 CHARLOTTE 176849v9


TABLE OF CONTENTS

PRELIMINARY STATEMENT 1

ARTICLE I DEFINITIONS 2

Section 1.01. Defined Terms 2


Section 1.02. Calculations 29

ARTICLE II CONVEYANCE OF MORTGAGE LOANS; ORIGINAL ISSUANCE OF


CERTIFICATES 30

Section 2.01. Conveyance of Mortgage Loans 30


Section 2.02. Acceptance by the Trustee or Custodian of the Mortgage Loans 33
Section 2.03. Representations, Warranties and Covenants of the Servicer 37
Section 2.04. Representations and Warranties of the Depositor as to the Mortgage
Loans 38
Section 2.05. Designation of Interests in the REMICs 39
Section 2.06. Designation of Start-up Day 40
Section 2.07. REMIC Certificate Maturity Date 40
Section 2.08. Execution and Delivery of Certificates 40
Section 2.09. Establishment of the Trust 40
Section 2.10. Purpose and Powers ofthe Trust 40
ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 41
Section 3.01. Servicer to Service the Mortgage Loans 41
Section 3.02. Subservicing; Enforcement ofthe Obligations ofthe Servicer 42
Section 3.03. Fidelity Bond; Errors and Omissions Insurance 44
Section 3.04. Access to Certain Documentation 44
Section 3.05. Maintenance of Primary Mortgage Insurance Policy; Claims 44
Section 3.06. Rights of the Depositor,the Securities Administrator and the Trustee in
Respect ofthe Servicer 45
Section 3.07. Trustee to Act as Servicer 46
Section 3.08. Collection of Taxes, Assessments and Similar Items; Escrow Accounts 46
Section 3.09. Collection of Mortgage Loan Payments; Servicer Custodial Account;
Certificate Account 48
Section 3.10. Access to Certain Documentation and Information Regarding the
Mortgage Loans 31
Section 3.11. Permitted Withdrawals from the Certificate Account and the Servicer
Custodial Account 31
Section 3.12. Maintenance of Hazard Insurance and Other Insurance 53
Section 3.13. Enforcement of Due-On-Sale Clauses; Assumption Agreements 54
Section 3.14. Realization Upon Defaulted Mortgage Loans; REG Property 55
Section 3.15. Trustee and Custodian to Cooperate; Release of Mortgage Files 57

53570.000183 CHARLOTTE 176849v9


Section 3.16. Documents, Records and Funds In Possession of the Servicer to be Held
for the Trustee 58
Section 3.17. Servicer Compensation 58
Section 3.18. Modifications, Waivers, Amendments and Consents 59
Section 3.19. Advances 60
Section 3.20. Annual Statement of Compliance 60
Section 3.21. Assessments of Compliance and Attestation Reports 61
Section 3.22. Reports to the Commission 63
ARTICLE IV SERVICER'S CERTIFICATE 69

Section 4.01. Servicer's Certificate 69

ARTICLE V PAYMENTS AND STATEMENTS TO CERTIFICATEHOLDERS; REMIC


ADMINISTRATION 69

Section 5.01. Distri butions 69


Section 5.02. Priorities of Distributions 70
Section 5.03. Allocation of Losses 75
Section 5.04. Statements to Certificateholders 77
Section 5.05. Tax Retums and Reports to Certificateholders 81
Section 5.06. Tax Matters Person 82
Section 5.07. Rights of the Tax Matters Person in Respect of the Securities
Administrator 82
Section 5.08. REMIC Related Covenants 82
Section 5.09. Servicer, Securities Administrator and Trustee Indemnification 83
ARTICLE VI THE CERTIFICATES 84
Section 6.01. The Certificates 84
Section 6.02. Registration of Transfer and Exchange of Certificates 85
Section 6.03. Mutilated, Destroyed, Lost or Stolen Certificates 89
Section 6.04. Persons Deemed Owners 90
ARTICLE VII THE DEPOSITOR AND THE SERVICER 90

Section 7.01. Respective Liabilities of the Depositor and the Servicer 90


Section 7.02. Merger or Consolidation of the Depositor or the Servicer 90
Section 7.03. Limitation on Liability ofthe Depositor,the Servicer and Others 91
Section 7.04. Depositor and Servicer Not to Resign 91
ARTICLE VIII DEFAULT 92
Section 8.01. Events of Default 92
Section 8.02. Remedies of Trustee 94
Section 8,03. Directions by Certificateholders and Duties of Trustee During Event of
■ Default 94
Section 8.04. Action upon Certain Failures ofthe Servicer and upon Event of Default 94
in

53570.000183 CHARLOTTE 176849v9


Closing Date, in which case the Senior Prepayment Percentage for each Loan Group for such
Distribution Date will once again equal 100%, (ii)on any Distribution Date before the
Distribution Date occurring in July 2009, the Total Subordinate Percentage for such Distribution
Date is greater than or equal to twice the Total Subordinate Percentage calculated as of the
Closing Date, in which case the Senior Prepayment Percentage for each Loan Group for such
Distribution Date will equal the Senior Percentage for such Loan Group plus 50% of the
Subordinate Percentage for such Loan Group, or (iii) on any Distribution Date occurring on or
after the Distribution Date in July 2009, the Total Subordinate Percentage for such Distribution
Date is greater than or equal to twice the Total Subordinate Percentage calculated as of the
Closing Date, in which case the Senior Prepayment Percentage for each Loan Group for such
Distribution Date will equal the Senior Percentage for such Loan Group. Notwithstanding the
foregoing, no decrease in the share of the applicable Subordinate Percentage (for calculating the
applicable Senior Prepayment Percentage for such Loan Group) will occur and the Senior
Prepayment Percentage for such Loan Group will be calculated without regard to clause (ii) or
(iii) in the preceding sentence unless both ofthe Senior Step Down Conditions are satisfied.
Senior Principal Distribution Amount: As to any Distribution Date and Loan Group, the
sum of (i) the Senior Percentage for such Loan Group of the amounts described in clauses
(i)(a)through (d)of the definition of"Principal Amount" for such Distribution Date and Loan
Group and (ii) the Senior Prepayment Percentage for such Loan Group of the amounts described
in clauses (i)(e) and (f) and the amount described in clause (ii) of the definition of "Principal
Amount" for such Distribution Date and Loan Group.

Senior Step Down Conditions: As of any Distribution Date as to which any decrease in
the Senior Prepayment Percentage for any Loan Group applies, (i)the outstanding principal
balance of all Mortgage Loans (including, for this purpose, any Mortgage Loans in foreclosure,
any REO Property and any Mortgage Loan for which the Mortgagor has filed for bankruptcy
after the Closing Date) delinquent sixty (60) days or more (averaged over the preceding six
month period), as a percentage of the aggregate Class Certificate Balance of the Subordinate
Certificates, is not equal to or greater than 50% or (ii) cumulative Realized Losses with respect
to the Mortgage Loans as of the applicable Distribution Date do not exceed the percentages of
the Original Subordinate Certificate Balance set forth below:
Percentage of Original
Distribution Date Occurring In Subordinate Certificate Balance
July 2006 through June 2009 20%
July 2009 through June 2014 30%
. July 2014 through June 2015 35%
July 2015 through June 2016 40%
July 2016 through June 2017 45%
July 2017 and thereafter 50%
Servicer: Wells Fargo Bank, N.A., in its capacity as servicer ofthe Mortgage Loans, or
any.successor servicer appointed as herein provided.
Servicer Custodial Account: The account or accounts created and maintained by the
Servicer pursuant to Section 3.09(b) which must be an Eligible Account.

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53570.000183 CHARLOTTE 176849v9
Servicer Custodial Account Reinvestment Income: For each Distribution Date, all
income and gains net ofany losses realized since the preceding Distribution Date from Permitted
Investments offunds in the Servicer Custodial Account.

Servicer's Certificate: The monthly report required by Section 4,01.

Servicing Advance: All customary, reasonable and necessary "out of pocket" costs and
expenses incurred in the performance by the Servicer of its servicing obligations, including, but
not limited to (i) the preservation, restoration and protection of a Mortgaged Property,
(ii) expenses reimbursable to the Servicer pursuant to Section 3.14 and any enforcement or
judicial proceedings, including foreclosures, (iii) the management and liquidation of any REO
Property and (iv) compliance with the obligations under Section 3.12.
Servicing Criteria: The criteria set forth in paragraph (d) ofItem 1122 of Regulation AB,
as such may be amended from time to time.

Servicing Fee: With respect to each Mortgage Loan and Distribution Date, the amount of
the fee payable to the Servicer, which shall, for such Distribution Date, be equal to one-twelfth
of the product of the Servicing Fee Rate with respect to such Mortgage Loan and the Stated
Principal Balance ofsuch Mortgage Loan,subject to reduction as provided in Section 3.17. Such
fee shall be payable monthly, computed on the basis of the same Stated Principal Balance and
period respecting which any related interest payment on a Mortgage Loan is computed. The
Servicer's right to receive the Servicing Fee is limited to, and payable solely from, the interest
portion (including recoveries with respect to interest from Liquidation Proceeds and other
proceeds, to the extent permitted by Section 3.11) of related Monthly Payments collected by the
Servicer, or as otherwise provided under Section 3.11.

Servicing Fee Rate: With respect to each Mortgage Loan,0.2500% per annum.

Servicing Function Participant: Any Subcontractor utilized by the Servicer, the


Securities Administrator or the Custodian that is "participating in the servicing function" within
the meaning ofItem 1122 of Regulation AB.
Servicing Officer: Any officer of the Servicer involved in, or responsible for, the
administration and servicing of the Mortgage Loans whose name appears on a list of servicing
officers furnished to the Trustee and the Securities Administrator by the Servicer, as such list
may,from time to time be amended.
Servicing Transfer Costs: All reasonable costs and expenses (including attorney's fees)
incurred by the Trustee in connection with the transfer of servicing from a predecessor servicer,
including, without limitation, any costs or expenses associated with the complete transfer of all
servicing data and the completion, correction or manipulation of such servicing data as may be
required by the Trustee to correct any errors or insufficiencies in the servicing data or otherwise
to enable the Trustee to service the Mortgage Loans properly and effectively.
Similar Law: As defined in Section 6.02(e).

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53570.000183 CHARLOTTE 176849v9
Sponsor: Bank of America, National Association, a national banking association, or its
successor in interest, as seller of the Mortgage Loans under the Mortgage Loan Purchase
Agreement.

Stated Principal Balance: As to any Mortgage Loan and Due Date, the unpaid principal
balance of such Mortgage Loan as of such date as specified in the amortization schedule at the
time relating thereto (before any adjustment to such amortization schedule by reason of any
moratorium or similar waiver or grace period) after giving effect to any previous partial Principal
Prepayments and Liquidation Proceeds allocable to principal (other than with respect to any
Liquidated Mortgage Loan) and to the payment of principal due on such Due Date and
irrespective of any delinquency in payment by the related Mortgagor, and after giving effect to
any Deficient Valuation.

Subcontractor: Any vendor, subcontractor or other Person that is not responsible for the
overall servicing of Mortgage Loans but performs one or more discrete functions identified in
Item 1122(d) of Regulation AB with respect to Mortgage Loans under the direction or authority
ofthe Servicer, the Securities Administrator or the Custodian.

Subordinate Balance Ratio: As of any date of determination, the ratio among the
principal balances of the Class 1-LS Interest, Class 2-LS Interest and Class 3-LS Interest, equal
to the ratio among the Group Subordinate Amounts of Loan Group I, Loan Group 2 and Loan
Group 3.

Subordinate Certificates: The Class B Certificates.

Subordinate Percentage: As of any Distribution Date and Loan Group, 100% minus the
Senior Percentage for such Loan Group for such Distribution Date.
Subordinate Prenavment Percentage: As to any Distribution Date and Loan Group, 100%
minus the Senior Prepayment Percentage for such Loan Group and such Distribution Date.
Subordinate Principal Distribution Amount: With respect to any Distribution Date and
Loan Group, an amount equal to the sum of(i) the Subordinate Percentage for such Loan Group
ofthe amounts described in clauses (i)(a) through (d)ofthe definition of"Principal Amount for
such Distribution Date and Loan Group and (ii) the Subordinate Prepayment Percentage for such
Loan Group ofthe amounts described in clauses (i)(e) and (f) and the amount described in clause
(ii) ofthe definition of"Principal Amount" for such Distribution Date and Loan Group.
Subservicer: Any Person that services Mortgage Loans on behalf of the Servicer or any
Subservicer and is responsible for the performance (whether directly or through Subservicers or
Subcontractors) of a substantial portion of the material servicing functions required to be
performed by the Servicer under this Agreement or any reconstitution agreement that are
identified in Item 1122(d)of Regulation AB.

Substitute Mortgage Loan: A Mortgage Loan substituted for a Defective Mortgage Loan
which must, on the date of such substitution,(i) have a Stated Principal Balance, after deduction
ofthe principal portion ofthe Monthly Payment due in the month of substitution, not in excess of
the Stated Principal Balance of the Defective Mortgage Loan;(ii) have a Net Mortgage Interest
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53570.000183 CHARLOTTE I76849v9
Rate not less than, and not more than two percent (2%) greater than that of the Defective
Mortgage Loan; (ill) be of the same type as the Defective Mortgage Loan;(iv) have a Loan-to-
Value Ratio not higher than that of the Defective Mortgage Loan;(v) have a credit score not less
than that of the Defective Mortgage Loan; (vi) have a Gross Margin not less than that of the
Defective Mortgage Loan;(vii) have a credit grade not lower in quality than that of the Defective
Mortgage Loan;(viii) have a remaining term to maturity not greater than (and not more than one
year less than) that of the Defective Mortgage Loan; (ix) have the same lien priority as the
Defective Mortgage Loan;(x) have the same Index as the Defective Mortgage Loan; and (xi)
comply with each Mortgage Loan representation and warranty set forth in this Agreement, the
Mortgage Loan Purchase Agreement and the Purchase Agreement. More than one Substitute
Mortgage Loan may be substituted for a Defective Mortgage Loan if such Substitute Mortgage
Loans meet the foregoing attributes in the aggregate.

Substitution Adjustment Amount: As defined in Section 2.02.

Tax Matters Person: Any person designated as "tax matters person" in accordance with
Section 5.06 and the manner provided under Treasury Regulation § 1.860F-4(d) and Treasury
Regulation § 301.6231(a)(7)-1.

Total Senior Percentage: With respect to any Distribution Date, the percentage, carried
six places rounded up, obtained by dividing the aggregate Class Certificate Balance ofthe Senior
Certificates immediately prior to such Distribution Date by the aggregate Pool Stated Principal
Balance for all Loan Groups with respect to such Distribution Date.

Total Subordinate Percentage: As to any Distribution Date, the aggregate


Class Certificate Balance of the Subordinate Certificates divided by the aggregate Pool Stated
Principal Balance for all Loan Groups.

Treasury Regulations: The final and temporary regulations promulgated under the Code
by the U.S. Department of the Treasury.

Trust: The trust created by this Agreement, which shall be named "Banc of America
Funding 2006-F Trust."

Trust Estate: The segregated pool of assets subject hereto, constituting the primary trust
created hereby and to be administered hereunder, with respect to a portion of which two REMIC
elections are to be made, such entire Trust Estate consisting of: (i) such Mortgage Loans as from
time to time are subject to this Agreement, together with the Mortgage Files relating thereto, and
together with all collections thereon and proceeds thereof, (ii) any REO Property, together with
all collections thereon and proceeds thereof, (iii) the Trustee's rights with respect to the
Mortgage Loans under all insurance policies required to be maintained pursuant to this
Agreement and any proceeds thereof,(iv) the right to receive amounts, if any, payable on behalf
of any Mortgagor from the Buy-Down Account relating to any Buy-Down Mortgage Loan,
(v)the Depositor's rights under the Mortgage Loan Purchase Agreement and the Purchase
Agreement (including any security interest created thereby) and (vi) the Servicer Custodial
Account and the Certificate Account and such assets that are deposited therein from time to time

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53570.000183 CHARLOTTE I76849v9
and any investments thereof, together with any and ail income, proceeds and payments with
respect thereto. The Buy-Down Account shall not be part ofthe Trust Estate.
Trustee: U.S. Bank National Association, and its successors-in-interest and, if a
successor trustee is appointed hereunder,such successor, as trustee.

Uncertificated Lower-Tier Interests: Any of the Class 1-L Interest, Class 1-LS Interest,
Class 2-L Interest, Class 2-LS Interest, Class 3-L Interest and Class 3-LS Interest.

Undercollateralized Amount: As defined in Section 5.03(b)(ix).

Undercollateralized Group: As defined in Section 5.03(b)(ix).

Underwriter's Exemption: An exemption listed in footnote 1 of, and amended by.


Prohibited Transaction Exemption 2002-41, 67 Fed. Reg. 54487 (2002), or any successor
exemption.

Unscheduled Principal Amount: As to any Distribution Date and Loan Group,the sum of
the amounts described in clauses(e)and (f) ofthe definition of"Principal Amount."
Uooer-Tier Certificate Sub-Account: The sub-account of the Certificate Account
designated by the Securities Administrator pursuant to Section 3.09(g).
1 Inner-Tier REMIC: As defined in the Preliminary Statement, the assets of which consist
of the Uncertificated Lower-Tier Interests and such amounts as shall from time to time be
deemed held in the Upper-Tier Certificate Sub-Account.

U.S. Person: A citizen or resident of the United States, a corporation or partnership


(unless, in the case of a partnership. Treasury Regulations are adopted that provide otherwise)
created or organized in or under the laws ofthe United States, any state thereof or the District of
Columbia, including an entity treated as a corporation or partnership for federal income tax
purposes, an estate whose income is subject to United States federal income tax regardless of its
source, or a trust if a court within the United States is able to exercise primary supervision over
the administration of such trust, and one or more such U.S. Persons have the authority to control
all substantiaf decisions of such trust (or, to the extent provided in applicable Treasury
Regulations, certain trusts in existence on August 20, 1996 which are eligible to elect to be
treated as U.S. Persons).

Voting Rights: The portion of the voting rights of all ofthe Certificates which is allocated
to any Certificate. As of any date of determination,(a)1% of all Voting Rights shall be allocated
to the Holder of the Residual Certificate and (b)the remaining Voting Rights shall be allocated
among Holders ofthe remaining Classes of Certificates in proportion to the Certificate Balances
oftheir respective Certificates on such date.
Section 1.02. Calculations.

All dollar amounts calculated hereunder shall be rounded to the nearest penny with one-
half ofone penny being rounded down.

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53570.000183 CHARLOTTE 176849v9
ARTICLE II

CONVEYANCE OF MORTGAGE LOANS; ORIGINAL


ISSUANCE OF CERTIFICATES

Section 2.01. Conveyance of Mortgage Loans.

(a) The Depositor, concurrently with the execution and delivery hereof, hereby sells,
transfers, assigns, sets over and otherwise conveys to the Trustee on behalf of the Trust for the
benefit ofthe Certificateholders, without recourse, all the right, title and interest ofthe Depositor
in and to the Mortgage Loans, including all interest and principal received on or with respect to
the Mortgage Loans (other than payments of principal and interest due and payable on the
Mortgage Loans on or before the Cut-off Date), and Ae Depositor's rights under the Mortgage
Loan Purchase Agreement. The foregoing sale, transfer, assignment and set over does not and is
not intended to result in a creation of an assumption by the Trustee of any obligation of the
Depositor or any other Person in connection with the Mortgage Loans or any agreement or
instrument relating thereto, except as specifically set forth herein. It is agreed and understood by
the parties hereto that it is not intended that any mortgage loan be included in the Trust that is a
"High-Cost Home Loan" as defined in any of(i) the New Jersey Home Ownership Act effective
November 27, 2003,(ii) the New Mexico Home Loan Protection Act effective January 1, 2004,
(iii) the Massachusetts Predatory Home Loan Practices Act effective November 7, 2004 or
(iv) the Indiana Home Loan Practices Act, effective January 1, 2005.
(b) In connection with such transfer and assignment, the Depositor has delivered or
caused to be delivered to the Trustee (or a Custodian on behalf of the Trustee) for the benefit of
the Certificateholders, the following documents or instruments with respect to each Mortgage
Loan so assigned;

(i) the original Mortgage Note, endorsed by manual or facsimile signature in


the following form: "Pay to the order of U.S. Bank National Association, as trustee for
holders of Banc of America Funding Corporation Mortgage Pass-Through Certificates,
Series 2006-F, without recourse," with all necessary intervening endorsements showing a
complete chain ofendorsement from the originator to the Trustee (each such endorsement
being sufficient to transfer all right, title and interest of the party so endorsing, as
;• noteholder or assignee thereof, in and to that Mortgage Note) and, in the case of any
Mortgage Loan originated in the State of New York documented by a NYCEMA, the
NYCEMA,the new Mortgage Note, if applicable, the consolidated Mortgage Note and
the consolidated Mortgage;

(ii) subject to the provisos at the end of this paragraph, a duly executed
Assignment of Mortgage to "U.S. Bank National Association, as trustee for the holders of
Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2006-
F"(which may be included in a blanket assignment or assignments); provided that, if the
related Mortgage has not been returned from the applicable public recording office, such
Assignmient of Mortgage may exclude the information to be provided by the recording
office; and provided, further, if the related Mortgage has been recorded in the name of
Mortgage Electronic Registration Systems, Inc. ("MERS") or its designee, no

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53570.000183 CHARLOTTE I76849v9
Assignment of Mortgage in favor of the Trustee will be required to be prepared or
delivered and instead, the Servicer shall enforce the obligations ofthe Servicer to take all
actions as are necessary to cause the Trust to be shown as the owner of the related
Mortgage Loan on the records of MERS for purposes ofthe system ofrecording transfers
of beneficial ownership of mortgages maintained by MERS;

(iii) the originals of all assumption, modification, consolidation or extension


agreements, if any, with evidence of recording thereon, if any;

(iv) the original of any guarantee executed in connection with the Mortgage
Note;

(v) for each Mortgage Loan, if any, which is secured by a residential long-
term lease, a copy of the lease with evidence of recording indicated thereon, or, if the
lease is in the process of being recorded, a photocopy of the lease, certified by an officer
of the respective prior owner of such Mortgage Loan or by the applicable title insurance
company, closing/settlement/escrow agent or company or closing attorney to be a true
and correct copy of the lease transmitted for recordation; and
(vi) the original of any security agreement, chattel mortgage or equivalent
document executed in connection with the Mortgage;

provided, however, that on the Closing Date, with respect to item (iii), if an Assignment of
Mortgage is required to be recorded as set forth below,the Depositor has delivered to the Trustee
(or a Custodian on behalf ofthe Trustee)a copy ofsuch Assignment of Mortgage in blank rather
than in the name ofthe Trustee and has caused the Servicer to retain the completed Assignment
of Mortgage for recording as described below, unless such Mortgage has been recorded in the
name of MERS or its designee. In addition, if the Depositor is unable to deliver or cause the
delivery of any original Mortgage Note due to the loss of such original Mortgage Note, the
Depositor may deliver a copy of such Mortgage Note, together with a lost note affidavit, and
shall thereby be deemed to have satisfied the document delivery requirements of this
Section 2.01(b).

If in connection with any Mortgage Loans, the Depositor cannot deliver all assumption,
modification, consolidation or extension agreements, if any, satisfying the requirements of clause
(iii) above, concurrently with the execution and delivery hereof because such document or
documents have not been returned from the applicable public recording office in the case of
clause (iii) above, the Depositor shall promptly deliver or cause to be delivered to the Trustee (or
a Custodian on behalf of the Trustee), such assumption, modification, consolidation or extension
agreement with evidence of recording indicated thereon upon receipt thereof from the public
recording office, but in no event shall any such delivery ofany such documents or instruments be
made later than one year following the Closing Date, unless there has been a continuing delay at
the applicable recording office and the Depositor has delivered the Officer's Certificate to such
effect to the Trustee (or a Custodian on behalf of the Trustee). The Depositor shall forward or
cause to be forwarded to the Trustee (or a Custodian on behalf of the Trustee)(1)from time to
time additional original documents evidencing an assumption or modification of a Mortgage
Loan and (2) any other documents required to be delivered by the Depositor or the Servicer to

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53570.000183 CHARLOTTE I76849v9
Mortgage Loans and the aggregated Stated Principal Balance of such Mortgage Loans as
of the close of business on the Determination Date preceding such Distribution Date and
the date of acquisition of the REO Properties;

(xv) for each Loan Group, the total number and principal balance of any REO
Properties (and market value, if available) as of the close of business on the
Determination Date preceding such Distribution Date;

(xvi) for each Loan Group, the aggregate amount of Realized Losses incurred
during the preceding calendar month;

(xvii) for each Loan Group, the Reimbursement Amount;

(xviii) for each Loan Group,the amount of Recoveries;

(xix) any expenses or indemnification amounts paid by the Trust, the specific
purpose of each payment and the parties to whom such payments were made;
(xx) any material modifications, extensions or waivers to Mortgage Loan
terms, fees, penalties or payments since the previous Distribution Date and cumulatively
since the Cut-off Date;

(xxi) for each Loan Group, the number and aggregate Stated Principal Balance
of Mortgage Loans, the weighted average Mortgage Interest Rate, the weighted average
remaining term, and cumulative Principal Prepayments, each as of the close of business
on the last day of the calendar month preceding such Distribution Date;
(xxii) unless such information is otherwise set forth in the Form 10-D relating to
such Distribution Date and provided that the Securities Administrator is reasonably able
to include such information in the statement, material breaches of Mortgage Loan
representations and warranties of which the Securities Administrator has knowledge or
has received written notice; and

(xxiii) unless such information is otherwise set forth in the Form 10-D relating to
such Distribution Date and provided that the Securities Administrator is reasonably able
to include such information in the statement, material breaches of any covenants under
this Agreement of which the Securities Administrator has knowledge or has received
written notice.

For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies
shall be determined and reported based on the so-called "MBA" methodology for determining
delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a
Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if
such Monthly Payment is not made by the close of business on the Mortgage Loan's next
succeeding Due Date, and a Mortgage Loan would be more than 30-days delinquent with respect
to such Monthly Payment if such Monthly Payment were not made by the close of business on
the Mortgage Loan's second succeeding Due Date.

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53570.000183 CHARLOTTE 176849v9
(b) No later than each Distribution Date, tlie Securities Administrator, based upon
information supplied to it on the Servicer's Certificate, shall make available to each Holder of a
Certificate, each Rating Agency and the Servicer a statement setting forth the information set
forth in Section 5.04(a)(a "Monthly Statement").

In the case of information furnished pursuant to clauses (iii) and (iv) of Section 5.04(a),
the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination.
On each Distribution Date, the Securities Administrator shall prepare and make available
to each Financial Market Service, in electronic or such other format and media mutually agreed
upon by the Securities Administrator, the Financial Market Service and the Depositor, the
information contained in the Servicer's Certificate described in Section 4.01 for such
Distribution Date.

The Securities Administrator will make the Monthly Statement to Certificateholders(and,


at its option, any additional files containing the same or additional information in an alternative
format) available each month to Certificateholders, and other parties to this Agreement via the
Securities Administrator's Internet website. The Securities Administrator's Intemet website
shall initially be located at "www.ctslink.com." Assistance in using the website can be obtained
by calling the Securities Administrator's customer service desk at(301) 815-6600. Parties that
are unable to use the website are entitled to have a paper copy mailed to them via first class mail
by calling the customer service desk and indicating such. The Securities Administrator shall
have the right to change the way the Monthly Statements to Certificateholders are distributed in
order to make such distribution more convenient and/or more accessible to the above parties and
the Securities Administrator shall provide timely and adequate notification to all above parties
regarding any such changes.

Within a reasonable period of time after the end of each calendar year, the Securities
Administrator shall furnish to each Person who at any time during the calendar year was the
Holder of a Certificate, if requested in writing by such Person, a statement containing the
information set forth in clauses (iii) and (iv) of Section 5.04(a), in each case aggregated for such
calendar year or applicable portion thereof during which such Person was a Certificateholder.
Such obligation of the Securities Administrator shall be deemed to have been satisfied to the
extent that substantially comparable information shall be provided by the Securities
Administrator pursuant to any requirements ofthe Code as from time to time in force.
The Securities Administrator shall deliver to the Holders of Certificates any reports or
information the Securities Administrator is required by this Agreement or the Code, Treasury
Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Securities
Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or
publication as may be permitted by applicable Treasury Regulations) such other reasonable
information as the Securities Administrator deems necessary or appropriate or is required by the
Code, Treasury Regulations, and the REMIC Provisions including, but not limited to,
(i) information to be reported to the Holder of the Residual Certificate for quarterly notices on
Schedule Q (Form 1066)(which information shall be forwarded to the Holder of the Residual
Certificate by the Securities Administrator), (ii) information to be provided to the Holders of
Certificates with respect to amounts which should be included as interest and original issue

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discount in such Holders' gross income and (iii) information to be provided to all Holders of
Certificates setting forth the percentage of each REMIC's assets, determined in accordance with
Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected
by the Securities Administrator in its absolute discretion, that constitute real estate assets under
Section 856 of the Code, and assets described in Section 7701(a)('?)(C)of the Code; provided,
however, that in setting forth the percentage of such assets of each REMIC, nothing contained in
this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require
the Securities Administrator periodically to appraise the fair market values of the assets of the
Trust Estate or to indemnify the Trust Estate or any Certificateholders fix)m any adverse federal,
state or local tax consequences associated with a change subsequently required to be made in the
Depositor's initial good faith determinations of such fair market values (if subsequent
determinations are required pursuant to the REMIC Provisions) made from time to time.
Section 5.05. Tax Returns and Reports to Certificateholders.

(a) For federal income tax purposes, each REMIC shall have a calendar year taxable
year and shall maintain its books on the accrual method ofaccounting.
(b) The Securities Administrator shall prepare or cause to be prepared, shall execute
or cause to be executed by such Person as is required by the Code, Treasury Regulations or state
or local tax laws, regulations or rules and shall file or cause to be filed with the Internal Revenue
Service and applicable state or local tax authorities income tax and information returns for each
taxable year with respect to each REMIC containing such information at the times and in the
manner as may be required by the Code, the Treasury Regulations or state or local tax laws,
regulations, or rules, and shall furnish or cause to be furnished to each REMIC and the
Certificateholders the schedules, statements or information at such times and in such manner as
may be required thereby. Within thirty (30) days of the Closing Date, the Securities
Administrator shall obtain for each REMIC a taxpayer identification number on Form SS-4 and
any similarly required state or local forms or as otherwise permitted by the Internal Revenue
Service, and shall furnish or cause to be furnished to the Internal Revenue Service, on Form 8811
and any similarly required state or local forms or as otherwise required by the Code or the
Treasury Regulations, the name, title, address and telephone number of the person that Holders
ofthe Certificates may contact for tax information relating thereto, together with such additional
information at the time or times and in the manner required by the Code or the Treasury
Regulations. Such federal, state, or local income tax and information returns shall be signed by
the Trustee, or such other Person as may be required to sign such returns by the Code, the
Treasury Regulations or state or local tax laws, regulations, or rules.
(c) In the first federal income tax return (and any similar required state or local
income tax returns) of each REMIC for its short taxable year ending December 31, 2006,
REMIC status shall be elected for such taxable year and all succeeding taxable years.
(d) The Securities Administrator will maintain or cause to be maintained such records
relating to each REMIC, including but not limited to records relating to the income, expenses,
assets and liabilities ofthe Trust Estate, and the initial fair market value and adjusted basis ofthe
Trust Estate property and assets determined at such intervals as may be required by the Code or

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the Treasury Regulations, as may be necessary to prepare the foregoing returns, schedules,
statements or information.

Section 5.06. Tax Matters Person.

The Tax Matters Person shall have the same duties with respect to the applicable REMIC
as those of a "tax matters partner" under Subchapter C of Chapter 63 of Subtitle F of the Code.
The Holder of the Class 1-A-R Certificate is hereby designated as the Tax Matters Person for
each of the Upper-Tier REMIC and the Lower-Tier REMIC. By its acceptance of the
Class 1-A-R Certificate, such Holder irrevocably appoints the Securities Administrator as its
agent to perform all of the duties of the Tax Matters Person for the Upper-Tier REMIC and the
Lower-Tier REMIC.

Section 5.07. Rights of the Tax Matters Person in Respect of the Securities
Administrator.

The Securities Administrator shall afford the Tax Matters Person, upon reasonable notice
during normal business hours, access to all records maintained by the Securities Administrator in
respect of its duties hereunder and access to officers of the Securities Administrator responsible
for performing such duties. Upon request, the Securities Administrator shall furnish the Tax
Matters Person with its most recent report of condition published pursuant to law or to the
requirements of its supervisory or examining authority publicly available. The Securities
Administrator shall make available to the Tax Matters Person such books, documents or records
relating to the Securities Administrator's services hereunder as the Tax Matters Person shall
reasonably request. The Tax Matters Person shall not have any responsibility or liability for any
action or failure to act by the Securities Administrator and is not obligated to supervise the
performance of the Securities Administrator under this Agreement or otherwise.
Section 5.08. REMIC Related Covenants.

For as long as any REMIC created hereunder shall exist, the Trustee, the Securities
Administrator, the Depositor and the Servicer shall act in accordance herewith to assure
continuing treatment of each REMIC created hereunder as a REMIC and avoid the imposition of
tax on each REMIC created hereunder. In particular:

(a) Neither the Securities Administrator nor the Trustee shall create, or permit the
creation of, any "interests" in any REMIC within the meaning of Code Section 860D(a)(2) other
than the interests represented by the Regular Certificates, the Residual Certificate and the
Uncertificated Lower-Tier Interests.

(b) Except as otherwise provided in the Code,(i) the Depositor and the Servicer shall
not contribute or allow to be contributed to the Trust Estate and the Trustee shall not accept
property unless substantially all ofthe property held in each REMIC constitutes either "qualified
mortgages" or "permitted investments" as defined in Code Sections 860G(a)(3) and (5),
respectively, and (ii) no property shall be contributed to any REMIC after the start-up day unless
such contribution would not subject the Trust Estate to the 100% tax on contributions to a
REMIC after the start-up day ofsuch REMIC imposed by Code Section 860G(d).

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(c) Neither the Securities Administrator, on behalf of the Trustee, nor the Trustee,
shall accept on behalf of any REMIC any fee or other compensation for services and none of the
Securities Administrator, the Trustee or the Servicer shall knowingly accept, on behalf of the
Trust Estate any income from assets other than those permitted to be held by a REMIC.
(d) Neither the Securities Administrator, on behalf of the Trustee, nor the Trustee,
shall sell or permit the sale of all or any portion ofthe Mortgage Loans(other than in accordance
with Sections 2.02 and 2.04), unless such sale is pursuant to a "qualified liquidation" of the
applicable REMIC as defined in Code Section 860F(a)(4)(A) and in accordance with Article X.
(e) The Securities Administrator shall maintain books with respect to the Trust and
each REMIC on a calendar year taxable year and on an accrual basis.
None of the Servicer, the Securities Administrator or the Trustee shall engage in a
"prohibited transaction" (as defined in Code Section 860F(a)(2)), except that, with the prior
written consent ofthe Servicer and the Depositor, the Securities Administrator may engage in the
activities otherwise prohibited by the foregoing paragraphs (b),(c)and (d); provided that the
Servicer shall have delivered to the Securities Administrator an Opinion of Counsel to the effect
that such transaction will not result in the imposition of a tax on any REMIC created hereunder
and will not disqualify any such REMIC from treatment as a REMIC; and,providedfurther, that
the Servicer shall have demonstrated to the satisfaction of the Securities Administrator that such
action will not adversely affect the rights of the Holders of the Certificates and the Securities
Administrator and that such action will not adversely impact the rating ofthe Certificates. None
of the Servicer, the Securities Administrator or the Trustee shall, unless the Mortgagor is in
default with respect to the Mortgage Loan or such default is, in the judgment of the Servicer,
reasonably foreseeable, permit any modification with respect to any Mortgage Loan that would
(i) change the Mortgage Rate, defer or forgive the payment thereof of any principal or interest
payments, reduce the Scheduled Principal Balance (except for actual payments of principal) or
extend the final maturity date with respect to such Mortgage Loan,(ii) affect adversely the status
of any REMIC as a REMIC or (iii) cause any REMIC to be subject to a tax on "prohibited
transactions" or "contributions" pursuant to the REMIC Provisions. Further, none of the
Servicer, the Securities Administrator or the Trustee shall permit any modification with respect
to any Mortgage Loan that would both (x) effect an exchange or reissuance of such Mortgage
Loan under Section 1.860G-2(b) of the Treasury regulations and (y)cause any REMIC
constituting part of the Trust Estate to fail to qualify as a REMIC under the Code or the
imposition of any tax on "prohibited transactions" or "contributions" after the Startup Day under
the REMIC Provisions.•

Section 5.09. Servicer. Securities Administrator and Trustee Indemnification.

In the event that any REMIC created hereunder fails to qualify as a REMIC, loses its
status as a REMIC,or incurs federal, state or local taxes as a result of a prohibited transaction or
prohibited contribution under the REMIC Provisions due solely to (i) the negligent performance
by the Trustee of its duties and obligations set forth herein or (ii) any state, local or franchise
taxes imposed upon the Trust Estate as a result of the location of the Trustee or any co-trustee,
the Trustee shall indemnify the Trust Estate against any and all losses, claims, damages,
liabilities or expenses ("Losses") resulting from such negligence, including, without limitation,

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FWP 1 file1.htm

The depositor has filed a registration statement (including a prospectus) with


the SEC for the offering to which this communication relates. Before you invest,
you should read this prospectus and other documents the depositor has filed with
the SEC for more complete information about the depositor, the issuing entity
and this offering. You may get these documents for free by visiting EDGAR on the
SEC Web site at www.sec.gov. Alternatively, the depositor, any underwriter or
any dealer participating in the offering will arrange to send you the prospectus
if you request it by calling toll-free 1-800-294-1322 or you e-mail a request to
dg.prospectus_distribution@bofasecurities.com. The securities may not be
suitable for all investors. Banc of America Securities LLC and its affiliates
may acquire, hold or sell positions in these securities, or in related
derivatives, and may have an investment or commercial banking relationship with
the depositor.

The information contained in these materials may be based on assumptions


regarding market conditions and other matters as reflected herein. Banc of
America Securities LLC (the "Underwriter") makes no representation regarding the
reasonableness of such assumptions or the likelihood that any such assumptions
will coincide with actual market conditions or events, and these materials
should not be relied upon for such purposes. The Underwriter and its affiliates,
officers, directors, partners and employees, including persons involved in the
preparation or issuance of these materials, may, from time to time, have long or
short positions in, and buy and sell, the securities mentioned herein or
derivatives thereof (including options). Information in these materials is
current as of the date appearing on the material only. Information in these
materials regarding any securities discussed herein supersedes all prior
information regarding such securities. These materials are not to be construed
as an offer to sell or the solicitation of any offer to buy any security in any
jurisdiction where such an offer or solicitation would be illegal.

PROSPECTUS

BANC OF AMERICA FUNDING CORPORATION


DEPOSITOR

BANK OF AMERICA, NATIONAL ASSOCIATION


SPONSOR

MORTGAGE PASS-THROUGH CERTIFICATES


(ISSUABLE IN SERIES)

------------------

--------------------------------------------------------------------------------

YOU SHOULD CAREFULLY CONSIDER THE "RISK FACTORS" BEGINNING ON PAGE 7 OF THIS
PROSPECTUS.

Except as otherwise described in the applicable prospectus supplement, neither


the certificates of any series nor the underlying mortgage loans will be insured
or guaranteed by any governmental agency or instrumentality or any other entity.

The certificates of each series will represent interests in the related issuing
entity only and will not be obligations of the depositor, the sponsor or any
other entity.

This prospectus may be used to offer and sell any series of certificates only if
accompanied by the prospectus supplement for that series. Please read both
documents carefully to understand the risks associated with these investments.

--------------------------------------------------------------------------------

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EACH ISSUING ENTITY --

o will issue a series of mortgage pass-through certificates that will consist


of one or more classes of certificates; and

o will own either:

o one or more pools of fixed or adjustable interest rate mortgage loans,


each of which is secured by a first lien on a one- to four-family
residential property; or

o mortgage-backed certificates that represent an interest in or are


secured by a pool of mortgage loans.

EACH POOL OF MORTGAGE LOANS --

o will be sold to the related issuing entity by the depositor, who will have
in turn purchased the mortgage loans from the sponsor;

o will be underwritten to the standards described in this prospectus and the


accompanying prospectus supplement; and

o will be serviced by one or more servicers affiliated or unaffiliated with


the depositor.

EACH SERIES OF CERTIFICATES --

o will represent interests in the related issuing entity;

o may provide credit support by "subordinating" certain classes to other


classes of certificates; any subordinate classes will be entitled to payment
subject to the payment of more senior classes and will bear losses before
more senior classes;

o may be entitled to the benefit of one or more of the other types of credit
support or derivative instruments described in this prospectus and in more
detail in the accompanying prospectus supplement; and

o will be paid only from the assets of the related issuing entity.

NEITHER THE SECURITIES AND EXCHANGE COMMISSION NOR ANY STATE SECURITIES
COMMISSION HAS APPROVED THE CERTIFICATES OR DETERMINED THAT THIS PROSPECTUS IS
ACCURATE OR COMPLETE. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.

-----------------
JUNE 5, 2006

TABLE OF CONTENTS

PAGE
----

IMPORTANT NOTICE ABOUT INFORMATION PRESENTED IN THIS PROSPECTUS AND THE PROSPECTUS SUPPLEMENT................iii
SUMMARY OF TERMS...............................................................................................1
RISK FACTORS...................................................................................................7
Limited Source of Payments - No Recourse to Depositor, Sponsor, Master Servicer or Trustee..................7
Limited Liquidity for Certificates May Affect Your Ability to Resell Certificates...........................7
Certain Certificates May Not Be Appropriate For Individual Investors........................................8
Credit Enhancement is Limited in Amount and Coverage........................................................8
The Ratings of Your Certificates May Be Lowered or Withdrawn Which May Adversely Affect the Liquidity or
Market Value of Your Certificates...........................................................................9
Real Estate Market Conditions May Affect Mortgage Loan Performance..........................................9
Geographic Concentration May Increase Rates of Loss and Delinquency........................................10

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General Economic Conditions May Increase Risk of Loss......................................................10
Collateral Securing Cooperative Loans May Diminish in Value................................................10
Leaseholds May Be Subject to Default Risk on the Underlying Lease..........................................11
Yields of Certificates Sensitive to Rate and Timing of Principal Prepayment................................11
Timing of Prepayments on the Mortgage Loans May Result in Interest Shortfalls on the Certificates..........12
Exercise of Rights Under Special Servicing Agreements May Be Adverse to Other Certificateholders...........12
Special Powers of the FDIC in the Event of Insolvency of the Sponsor Could Delay or Reduce Distributions
on the Certificates........................................................................................13
Insolvency of the Depositor May Delay or Reduce Collections on Mortgage Loans..............................14
Owners of Book-Entry Certificates are Not Entitled to Exercise Rights of Holders of Certificates...........14
Book-Entry System for Certain Classes of Certificates May Decrease Liquidity and Delay Payment.............15
Cash Flow Agreements and External Credit Enhancements are Subject to Counterparty Risk.....................15
Amounts Received from an Auction and a Related Swap Agreement May Be Insufficient to Assure Completion of
the Auction................................................................................................15
Servicing Transfer Following Event of Default May Result in Payment Delays or Losses.......................16
Effects of Failure to Comply With Consumer Protection Laws.................................................16
Increased Risk of Loss If Delinquent Mortgage Loans are Assets of a Trust..................................17
THE TRUST ESTATES.............................................................................................17
General....................................................................................................17
The Mortgage Loans.........................................................................................17
Mortgage Certificates......................................................................................22
Distribution Account.......................................................................................27
DESCRIPTION OF CERTIFICATES...................................................................................27
General....................................................................................................28
Definitive Form............................................................................................28
Book-entry Form............................................................................................29
Distributions..............................................................................................34
Categories of Classes of Certificates......................................................................35
Residual Certificates......................................................................................39
Mandatory Auction of Certificates..........................................................................40
Exchangeable Certificates..................................................................................40
Reports To Certificateholders..............................................................................42
CREDIT ENHANCEMENT............................................................................................44
General....................................................................................................44
Subordination..............................................................................................45
Limited Guarantee..........................................................................................45
Financial Guaranty Insurance Policy or Surety Bond.........................................................46
Letter of Credit...........................................................................................46
Mortgage Pool Insurance Policy.............................................................................46
Special Hazard Insurance Policy............................................................................47
Mortgagor Bankruptcy Bond..................................................................................48
Reserve Fund...............................................................................................48
Cross-Collateralization....................................................................................49
Overcollateralization......................................................................................49
Excess Interest............................................................................................49
Cash Flow Agreements.......................................................................................49
Fraud Waiver...............................................................................................50
FHA Insurance or VA Guarantee..............................................................................51
PREPAYMENT AND YIELD CONSIDERATIONS...........................................................................52
Factors Affecting Prepayment...............................................................................52
Effect of Principal Prepayments............................................................................52
Weighted Average Life of Certificates......................................................................52
Scheduled Delays In Distributions..........................................................................53
THE SPONSOR...................................................................................................54
THE DEPOSITOR.................................................................................................54
USE OF PROCEEDS...............................................................................................55
MORTGAGE PURCHASE PROGRAM.....................................................................................55
SERVICING OF THE MORTGAGE LOANS...............................................................................56
The Master Servicer........................................................................................56
The Servicers..............................................................................................57
THE POOLING AND SERVICING AGREEMENT...........................................................................58
Assignment of Mortgage Loans to the Trustee................................................................59

TABLE OF CONTENTS

PAGE
----

Representations and Warranties.............................................................................60


Special Servicing Agreements...............................................................................61
Payments on Mortgage Loans.................................................................................61
Periodic Advances and Servicing Advances...................................................................64
Collection and Other Servicing Procedures..................................................................65
Enforcement of "Due-on-Sale" Clauses; Realization Upon Defaulted Mortgage Loans............................66
Insurance Policies.........................................................................................67
Primary Mortgage Insurance.................................................................................68
Recoveries Under Primary Mortgage Insurance Policies.......................................................68
Fixed Retained Yield, Servicing Compensation and Payment of Expenses.......................................69
Evidence as to Compliance..................................................................................70
Certain Matters Regarding the Depositor, the Sponsor and the Master Servicer...............................70
Events of Default..........................................................................................71
Rights Upon Event of Default...............................................................................71
Enforcement................................................................................................72
Amendment..................................................................................................72
List of Certificateholders.................................................................................73
Termination; Repurchase of Mortgage Loans and Mortgage Certificates........................................73

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The Trustee................................................................................................74
CERTAIN LEGAL ASPECTS OF THE MORTGAGE LOANS...................................................................75
General....................................................................................................75
Condominiums...............................................................................................75
Cooperatives...............................................................................................76
Foreclosure................................................................................................76
Rights of Redemption.......................................................................................78
Anti-Deficiency Legislation, the Bankruptcy Code and Other Limitations On Lenders..........................78
Texas Home Equity Loans....................................................................................81
"Due-on-Sale" Clauses......................................................................................81
Applicability of Usury Laws................................................................................82
Forfeiture for Drug, RICO and Money Laundering Violations..................................................82
Homeowners Protection Act of 1998..........................................................................83
Servicemembers Civil Relief Act and Similar Laws...........................................................83
Environmental Considerations...............................................................................83
Enforceability of Certain Provisions.......................................................................86
BENEFIT PLAN CONSIDERATIONS...................................................................................86
General....................................................................................................86
Certain ERISA and Code Requirements........................................................................87
ERISA Administrative Exemptions............................................................................88
Non-ERISA Plans and Exempt Plans...........................................................................91
Unrelated Business Taxable Income--Residual Certificates...................................................91
LEGAL INVESTMENT CONSIDERATIONS...............................................................................91
FEDERAL INCOME TAX CONSEQUENCES...............................................................................93
Federal Income Tax Consequences for REMIC Certificates.....................................................94
Taxation of Regular Certificates...........................................................................96
Taxation of Residual Certificates.........................................................................102
Federal Income Tax Consequences for Certificates as to Which No REMIC Election Is Made....................112
Federal Income Tax Consequences for Exchangeable Certificates.............................................119
STATE TAX CONSIDERATIONS.....................................................................................120
PLAN OF DISTRIBUTION.........................................................................................120
USE OF PROCEEDS..............................................................................................122
FINANCIAL INFORMATION........................................................................................122
LEGAL MATTERS................................................................................................122
RATING.......................................................................................................122
REPORTS TO CERTIFICATEHOLDERS................................................................................122
INCORPORATION OF CERTAIN INFORMATION BY REFERENCE............................................................122
WHERE YOU CAN FIND MORE INFORMATION..........................................................................123

ii

IMPORTANT NOTICE ABOUT INFORMATION PRESENTED


IN THIS PROSPECTUS AND THE PROSPECTUS SUPPLEMENT

Information is provided to you about the certificates in two separate


documents that progressively provide more detail: (a) this prospectus, which
provides general information, some of which may not apply to your series of
certificates; and (b) the accompanying prospectus supplement, which will
describe the specific terms of your series of certificates including:

o the principal balances and/or interest rates of each class;

o the timing and priority of interest and principal payments;

o statistical and other information about the mortgage loans;

o information about credit enhancement for each class;

o the ratings for each class; and

o the method for selling the certificates.

YOU SHOULD RELY ON THE INFORMATION IN THE PROSPECTUS SUPPLEMENT FOR THE TERMS OF
YOUR SERIES OF CERTIFICATES.

You should rely only on the information in this prospectus and the
accompanying prospectus supplement including the information incorporated by
reference. No one has been authorized to provide different information to you.
The certificates are not being offered in any state where the offer is not
permitted. The depositor does not claim the accuracy of the information in this
prospectus or the accompanying prospectus supplement as of any date other than
the dates stated on their covers.

Cross-references are included in this prospectus and in the accompanying


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prospectus supplement to captions in these materials where you can find further
related discussions. The foregoing table of contents and the table of contents
included in the accompanying prospectus supplement provide the pages on which
these captions are located.

You can find a listing of the pages where capitalized terms used in this
prospectus are defined under the caption "Index of Terms" beginning on page 124
of this prospectus.

The depositor's principal executive offices are located at 214 North Tryon
Street, Charlotte, North Carolina 28255 and the depositor's phone number is
(704) 386-2400.

iii

SUMMARY OF TERMS

o THIS SUMMARY HIGHLIGHTS SELECTED INFORMATION FROM THIS DOCUMENT, BUT


DOES NOT CONTAIN ALL OF THE INFORMATION THAT YOU SHOULD CONSIDER IN
MAKING YOUR INVESTMENT DECISION. TO UNDERSTAND ALL OF THE TERMS OF A
SERIES OF CERTIFICATES, PLEASE READ THIS ENTIRE DOCUMENT AND THE
ACCOMPANYING PROSPECTUS SUPPLEMENT CAREFULLY.

o THIS SUMMARY PROVIDES AN OVERVIEW OF CERTAIN CALCULATIONS, CASH FLOWS


AND OTHER INFORMATION TO AID YOUR UNDERSTANDING OF THE TERMS OF THE
CERTIFICATES AND IS QUALIFIED BY THE FULL DESCRIPTION OF THESE
CALCULATIONS, CASH FLOWS AND OTHER INFORMATION IN THIS PROSPECTUS AND
THE ACCOMPANYING PROSPECTUS SUPPLEMENT.

RELEVANT PARTIES

ISSUING ENTITY

Each series of mortgage pass-through certificates will be issued by a


separate common law trust. Each trust will be established and each series of
certificates will be issued under a separate pooling and servicing agreement to
be entered into among the depositor and the master servicer or one or more
servicers and the trustee specified in the applicable prospectus supplement.

DEPOSITOR

Banc of America Funding Corporation will serve as the depositor for each
series of certificates. The depositor is an indirect subsidiary of Bank of
America Corporation. It is not expected that the depositor will have any
business operations other than offering certificates and related activities.

SPONSOR

Bank of America, National Association will serve as the sponsor for each
series of certificates. The depositor will acquire the collateral that will
serve as security for a series from the sponsor. The sponsor is an affiliate of
the depositor and may be an affiliate of a servicer.

SERVICER(S)

The sponsor or one or more entities affiliated or unaffiliated with the


depositor and named in the applicable prospectus supplement will service the
mortgage loans in each trust. Each servicer will perform certain servicing
functions relating to the mortgage loans serviced by it in accordance with the
related pooling and servicing agreement or underlying servicing agreement.

MASTER SERVICER
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The related prospectus supplement may provide for a master servicer for
that series of certificates. The master servicer will supervise the servicers. A
master servicer may be an affiliate of the depositor, the sponsor, a servicer
and/or an originator.

TRUSTEE

A trustee for each trust will be named in the applicable prospectus


supplement. The trustee generally will be responsible under each pooling and
servicing agreement for providing general administrative services on behalf of
the trust for a series. To the extent specified in the related prospectus
supplement, a securities administrator or other entity may perform certain of
the duties of the trustee.

ISSUING ENTITY ASSETS

Each trust will own the assets specified in the related prospectus
supplement. These assets will consist of any combination of the following items:

o mortgage loans, or mortgage-backed securities or mortgage certificates


that are secured by mortgage loans;

o any real estate acquired through foreclosure of a mortgage loan;

o any credit enhancement device described in this prospectus; and

o amounts on deposit in the servicer custodial accounts, master servicer


custodial account or distribution account maintained for the trust.

If specified in the related prospectus supplement, the master servicer or


another party may retain the right to receive specified payments to be made with
respect to the mortgage loans or the mortgage certificates. Payments generated
by these retained interests will not be available to make payments on any
certificates.

The related prospectus supplement will specify the cut-off date after
which the trust is entitled to receive collections on the mortgage loans and/or
mortgage certificates that it holds.

MORTGAGE LOANS

Each trust will own the related mortgage loans (other than the fixed
retained yield, which is the portion of the mortgage interest rate, if any, not
contained in the trust).

The mortgage loans in each trust estate:

o will be secured by first liens on fee simple or leasehold interests in


one- to four-family properties;

o may include cooperative apartment loans secured by shares issued by


private, nonprofit cooperative housing corporations;

o may be secured by second homes or investor properties;

o may be loans not insured or guaranteed by any governmental agency or


may be loans insured by the Federal Housing Authority or partially
guaranteed by the Veterans' Administration; and

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o will be secured by real property located in one of the fifty states,


the District of Columbia, Guam, Puerto Rico or any other territory of
the United States.

See "The Pooling and Servicing Agreement--Fixed Retained Yield, Servicing


Compensation and Payment of Expenses" for a description of fixed retained yield.
See "The Trust Estates" for a description of mortgage loans secured by leases
and "Certain Legal Aspects of the Mortgage Loans--Condominiums,"
"--Cooperatives" and "--Leaseholds" for a description of mortgage loans secured
by condominium units, shares issued by cooperatives, and leaseholds,
respectively.

A trust may include one or more of the following types of mortgage loans:

o fixed-rate loans;

o adjustable-rate loans;

o interest only mortgage loans;

o graduated payment loans;

o subsidy loans;

o buy-down loans; and

o balloon loans.

The mortgage loans will be:

o acquired by the depositor from the sponsor;

o originated or acquired by the sponsor; and

o underwritten to the standards described in this prospectus and the


applicable prospectus supplement.

See "Mortgage Purchase Program" for a description of the Depositor's


purchase program for mortgage loans and "The Sponsor" for a description of the
sponsor.

You should refer to the applicable prospectus supplement for the precise
characteristics or expected characteristics of the Mortgage Loans included in a
trust.

MORTGAGE CERTIFICATES

The mortgage certificates in a trust may include:

o Fannie Mae mortgage pass-through certificates;

o Freddie Mac mortgage pass-through certificates;

o Ginnie Mae mortgage pass-through certificates; or

o Private mortgage pass-through certificates or mortgage-backed debt


securities.

Each mortgage certificate will represent an interest in a pool of mortgage


loans and/or payments of interest or principal on mortgage loans. The related
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prospectus supplement will describe the mortgage certificates for a series in


detail including the underlying collateral and any credit enhancement for the
mortgage certificates.

THE CERTIFICATES

Each certificate of a series will represent an ownership interest in a


trust or in specified monthly payments with respect to that trust. A series of
certificates will include one or more classes. A class of certificates will be
entitled, to the extent of funds available, to receive distributions from
collections on the related mortgage loans and, to the extent specified in the
related prospectus supplement, from any credit enhancements described in this
prospectus.

INTEREST DISTRIBUTIONS

For each series of certificates, interest on the related mortgage loans at


the weighted average of their mortgage interest rates (net of servicing fees and
certain other amounts as described in this prospectus or in the applicable
prospectus supplement), will be passed through to holders of the related classes
of certificates in accordance with the particular terms of each class of
certificates. The terms of each class of certificates will be described in the
related prospectus supplement. See "Description of
Certificates--Distributions--Interest."

Interest will accrue at the pass-through rate for each class indicated in
the applicable prospectus supplement on its outstanding class balance or
notional amount.

PRINCIPAL DISTRIBUTIONS

For a series of certificates, principal payments (including prepayments)


on the related mortgage loans will be passed through to holders of the related
certificates or otherwise applied in accordance with the related pooling and
servicing agreement on each distribution date. Principal distributions will be
allocated among the classes of certificates of a series in the manner specified
in the applicable prospectus supplement. See "Description of
Certificates--Distributions--Principal."

DISTRIBUTION DATES

Distributions on the certificates will be made on the dates specified in


the related prospectus supplement.

Distributions on certificates may be made monthly, quarterly or


semi-annually, as specified in the prospectus supplement.

RECORD DATES

Distributions will be made on each distribution date to certificateholders


of record at the close of business on the last business day of the month
preceding the month in which the distribution date occurs or on another date
specified in the applicable prospectus supplement.

CREDIT ENHANCEMENT

SUBORDINATION

A series of certificates may include one or more classes of senior


certificates and one or more classes of subordinate certificates. The rights of
the holders of subordinate certificates of a series to receive distributions
will be subordinated to the rights of the holders of the senior certificates of
the same series to the extent and in the manner specified in the applicable
prospectus supplement.

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Subordination is intended to enhance the likelihood of the timely receipt


by the senior certificateholders of their proportionate share of scheduled
monthly principal and interest payments on the related mortgage loans and to
protect them from losses. This protection will be effected by:

o the preferential right of the senior certificateholders to receive,


prior to any distribution being made in respect of the related
subordinated certificates on each distribution date, current
distributions of principal and interest due them on each distribution
date out of the funds available for distributions on the distribution
date;

o the right of the senior certificateholders to receive future


distributions on the

mortgage loans that would otherwise have been payable to the


subordinate certificateholders;

o the prior allocation to the subordinate certificates of all or a


portion of losses realized on the underlying mortgage loans; and/or

o any other method specified in the related prospectus supplement.

However, subordination does not provide full assurance that there will be
no losses on the senior certificates.

OTHER TYPES OF CREDIT ENHANCEMENT

If specified in the applicable prospectus supplement, the certificates of


any series, or any one or more classes of a series, may be entitled to the
benefits of one or more of the following types of credit enhancement:

o subordination;

o limited guarantee;

o financial guaranty insurance policy or surety bond;

o letter of credit;

o mortgage pool insurance policy;

o special hazard insurance policy;

o mortgagor bankruptcy bond;

o reserve fund;

o cross-collateralization;

o overcollateralization;

o excess interest;

o cash flow agreements;

o fraud waiver; or

o FHA insurance or a VA guarantee.

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See "Credit Enhancement."

ADVANCES OF DELINQUENT PAYMENTS

If specified in the related prospectus supplement, the servicers may be


obligated to advance amounts corresponding to delinquent principal and interest
payments on the mortgage loans until the first day of the month following the
date on which the related mortgaged property is sold at a foreclosure sale or
the related mortgage loan is otherwise liquidated, or until any other time as
specified in the related prospectus supplement, unless determined to be
non-recoverable.

If specified in the related prospectus supplements, the master servicer,


the trustee or another entity may be required to make advances from its own
funds if the servicers fail to do so, unless the master servicer, the trustee or
such other entity, as the case may be, determines that it will not be able to
recover those amounts from future payments on the mortgage loan. Advances will
be reimbursable to the extent described in this prospectus and in the related
prospectus supplement.

See "The Pooling and Servicing Agreement--Periodic Advances and Servicing


Advances."

FORMS OF CERTIFICATES

The certificates will be issued either:

o in book-entry form through the facilities of DTC; or

o in definitive, fully-registered, certificated form.

If you own certificates in book-entry form, you will not receive a


physical certificate representing your ownership interest in the book-entry
certificates, except under extraordinary circumstances. Instead, DTC will effect
payments and transfers by means of its electronic recordkeeping services, acting
through certain participating organizations including Clearstream and Euroclear.
This may result in certain delays in your receipt of distributions and may
restrict your ability to pledge your certificates. Your rights relating to your
book-entry certificates generally may be exercised only through DTC and its
participating organizations including Clearstream and Euroclear.

See "Description of the Certificates--Book-entry Form."

OPTIONAL TERMINATION

If specified in the prospectus supplement for a series, the depositor or


another party specified in the applicable prospectus supplement may purchase all
or a part of the mortgage loans in the related trust and any property acquired
in connection with those mortgage loans. Any purchase must be made in the manner
and at the price specified under "The Pooling and Servicing
Agreement--Termination; Repurchase of Mortgage Loans and Mortgage Certificates."

If an election is made to treat the related trust estate (or one or more
segregated pools of assets in the trust estate) as one or more "real estate
mortgage investment conduits," any optional purchase will be permitted only
pursuant to a "qualified liquidation," as defined under Section 860F(a)(4)(A) of
the Internal Revenue Code of 1986, as amended.

Exercise of the right of purchase will cause the early retirement of some
or all of the certificates of that series.
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See "Prepayment and Yield Considerations."

TAX STATUS

The treatment of the certificates for federal income tax purposes will
depend on:

o whether one or more REMIC elections are made for a series of


certificates;

o if one or more REMIC elections are made, whether the certificates are
regular interests or residual interests; and

o whether the certificates are interests in a trust treated as a grantor


trust.

If one or more REMIC elections are made, certificates that are regular
interests will be treated as newly issued debt instruments of the REMIC and must
be accounted for under an accrual method of accounting. Certificates that are
residual interests are not treated as debt instruments, but rather must be
treated according to the rules prescribed in the Internal Revenue Code for REMIC
residual interests, including restrictions on transfer and the reporting of net
income or loss of the REMIC, including the possibility of a holder of such
certificate having taxable income without a corresponding distribution of cash
to pay taxes currently due.

See "Federal Income Tax Consequences."

BENEFIT PLAN CONSIDERATIONS

If you are a fiduciary or other person acting on behalf of any employee


benefit plan or other retirement plan or arrangement subject to Title I of
ERISA, Section 4975 of the Internal Revenue Code or similar law, you should
carefully review with your legal counsel whether the purchase or holding of
certificates could give rise to a transaction prohibited or otherwise
impermissible under these laws.

Certain classes of certificates may not be transferred unless the trustee


is furnished with a letter of representation or an opinion of counsel to the
effect that the transfer will not result in a violation of the prohibited
transaction provisions of ERISA or the Internal Revenue Code and will not
subject the trustee, the depositor, the sponsor, any servicers or the master
servicer to additional obligations.

See "Benefit Plan Considerations."

LEGAL INVESTMENT

The applicable prospectus supplement will specify whether the class or


classes of certificates offered will constitute "mortgage related securities"
for purposes of the Secondary Mortgage Market Enhancement Act of 1984, as
amended. If your investment authority is subject to legal restrictions you
should consult your own legal advisors to determine whether and to what extent
the certificates constitute legal investments for you.

See "Legal Investment Considerations" in this prospectus.

RATING

Certificates of any series will not be offered by this prospectus and a


prospectus supplement unless each class offered is rated in one of the four
highest rating categories by at least one nationally recognized statistical
rating organization.

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o A security rating is not a recommendation to buy, sell or hold the


certificates of any series and is subject to revision or withdrawal at
any time by the assigning rating agency.

o Ratings do not address the effect of prepayments on the yield you may
anticipate when you purchase your certificates.

RISK FACTORS

Before making an investment decision, you should carefully consider the


following risk factors and the risk factors discussed in the related prospectus
supplement.

LIMITED SOURCE OF PAYMENTS - NO RECOURSE TO DEPOSITOR, SPONSOR, MASTER SERVICER


OR TRUSTEE

Except for any related insurance policies and any reserve fund or credit
enhancement described in the applicable prospectus supplement:

o the mortgage loans or mortgage certificates included in the related


trust will be the sole source of payments on the certificates of a
series;

o the certificates of any series will not represent an interest in or


obligation of the depositor, the sponsor, any originator, the master
servicer, the trustee or any of their affiliates; and

o except to the extent described in the related prospectus supplement ,


neither the certificates of any series nor the related mortgage loans
will be guaranteed or insured by any governmental agency or
instrumentality, the depositor, the sponsor, any originator, the
master servicer, the trustee, any of their affiliates or any other
person.

Consequently, if payments on the mortgage loans underlying your series of


certificates are insufficient or otherwise unavailable to make all payments
required on your certificates, there will be no recourse to the depositor, the
sponsor, the master servicer, the trustee or any of their affiliates or, except
as specified in the applicable prospectus supplement, any other entity.

LIMITED LIQUIDITY FOR CERTIFICATES MAY AFFECT YOUR ABILITY TO RESELL


CERTIFICATES

The liquidity of your certificates may be limited. You should consider


that:

o a secondary market for the certificates of any series may not develop,
or if it does, it may not provide you with liquidity of investment or
it may not continue for the life of the certificates of any series;

o the prospectus supplement for any series of certificates may indicate


that an underwriter intends to establish a secondary market in those
certificates, but no underwriter will be obligated to do so; and

o unless specified in the applicable prospectus supplement, the


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certificates will not be listed on any securities exchange.

As a result, you may not be able to sell your certificates or you may not
be able to sell your certificates at a high enough price to produce your desired
return on investment.

The secondary market for mortgage-backed securities has experienced


periods of illiquidity and can be expected to do so in the future. Illiquidity
can have a severely adverse effect on the prices of certificates that are
especially sensitive to prepayment, credit, or interest rate risk (such as
certificates that receive only payments of principal or interest or subordinate
certificates), or that have been structured to meet the investment requirements
of limited categories of investors.

CERTAIN CERTIFICATES MAY NOT BE APPROPRIATE FOR INDIVIDUAL INVESTORS

If you are an individual investor who does not have sufficient resources
or expertise to evaluate the particular characteristics of a class of
certificates, certain certificates of a series may not be an appropriate
investment for you. This may be the case because, among other things:

o if you purchase your certificates at a price other than par, your


yield to maturity will be sensitive to the uncertain rate and timing
of principal prepayments on the applicable mortgage loans;

o the rate of principal distributions on, and the weighted average lives
of, the certificates will be sensitive to the uncertain rate and
timing of principal prepayments on the applicable mortgage loans and
the priority of principal distributions among the classes of
certificates. Because of this, the certificates may be inappropriate
investments for you if you require a distribution of a particular
amount of principal on a specific date or an otherwise predictable
stream of distributions;

o you may not be able to reinvest amounts distributed relating to


principal on your certificates (which distributions, in general, are
expected to be greater during periods of relatively low interest
rates) at a rate at least as high as the applicable pass-through rate
or your expected yield;

o a secondary market for the certificates may not develop or provide you
with liquidity of investment; and

o you must pay tax on any interest or original issue discount in the
year it accrues, even if the cash is paid to you in a different year.

If you are an individual investor considering the purchase of a


certificate of a series, you should also carefully consider the other risk
factors discussed in this prospectus and in the applicable prospectus
supplement.

CREDIT ENHANCEMENT IS LIMITED IN AMOUNT AND COVERAGE

Credit enhancement for a series of certificates may be provided in limited


amounts to cover certain types of losses on the underlying mortgage loans. Under
certain circumstances, credit enhancement may be provided only for one or more
classes of certificates of a series.

Credit enhancement will be provided in one or more of the forms referred


to in this prospectus, including, but not limited to:
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o subordination;

o limited guarantee;

o financial guaranty insurance policy or surety bond;

o letter of credit;

o mortgage pool insurance policy;

o special hazard insurance policy;

o mortgagor bankruptcy bond;

o reserve fund;

o cross-collateralization;

o overcollateralization;

o excess interest;

o cash flow agreements;

o fraud waiver; or

o FHA insurance or a VA guarantee.

See "Credit Enhancement."

Regardless of the form of credit enhancement provided:

o the amount of coverage will be limited in amount and in most cases


will be subject to periodic reduction in accordance with a schedule or
formula; and

o the credit enhancement may provide only very limited coverage as to


certain types of losses, and may provide no coverage as to certain
other types of losses.

If losses exceed the amount of coverage provided by any credit enhancement


or losses of a type not covered by any credit enhancement occur, the losses will
be borne by the holders of specified classes of the related certificates.

None of the depositor, the sponsor or any of their affiliates will have
any obligation to replace or supplement any credit enhancement, or to take any
other action to maintain any rating of any class of certificates.

See "Credit Enhancement."

THE RATINGS OF YOUR CERTIFICATES MAY BE LOWERED OR WITHDRAWN WHICH MAY ADVERSELY
AFFECT THE LIQUIDITY OR MARKET VALUE OF YOUR CERTIFICATES

It is a condition to the issuance of the certificates that they be rated


in one of the four highest rating categories by at least one nationally
recognized statistical rating organization. A security rating is not a
recommendation to buy, sell or hold securities and may be subject to revision or
withdrawal at any time. No person is obligated to maintain the rating on any
certificate, and accordingly, there can be no assurance to you that the ratings
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assigned to any certificate on the date on which the certificate is originally


issued will not be lowered or withdrawn by a rating agency at any time
thereafter. The rating(s) of any series of certificates by any applicable rating
agency may be lowered following the initial issuance of the certificates as a
result of the downgrading of the obligations of any applicable credit support
provider, or as a result of losses on the related mortgage loans in excess of
the levels contemplated by the rating agency at the time of its initial rating
analysis. Neither the depositor nor the sponsor nor any of their respective
affiliates will have any obligations to replace or supplement any credit
support, or to take any other action to maintain any rating(s) of any series of
certificates. If any rating is revised or withdrawn, the liquidity or the market
value of your certificate may be adversely affected.

REAL ESTATE MARKET CONDITIONS MAY AFFECT MORTGAGE LOAN PERFORMANCE

An investment in securities such as the certificates, which generally


represent interests in pools of residential mortgage loans, may be affected by a
decline in real estate values and changes in the mortgagor's financial
condition. There is no assurance that the values of the mortgaged properties
securing the mortgage loans underlying any series of certificates have remained
or will remain at their levels on the dates of origination of the related
mortgage loans.

Delinquencies, foreclosures and losses could be higher than those now


generally experienced in the mortgage lending industry or in the sponsor's prior
securitizations involving the depositor, if the residential real

estate market experiences an overall decline in property values large enough to


cause the outstanding balance of the mortgage loans in a trust and any secondary
financing on the mortgaged properties to become equal to or greater than the
value of the mortgaged properties.

If losses on mortgage loans underlying a series are not covered by credit


enhancement, certificateholders of the series will bear all risk of loss
resulting from default by mortgagors and will have to look primarily to the
value of the mortgaged properties for recovery of the outstanding principal and
unpaid interest on the defaulted mortgage loans. See "The Trust Estates--The
Mortgage Loans."

GEOGRAPHIC CONCENTRATION MAY INCREASE RATES OF LOSS AND DELINQUENCY

The mortgage loans underlying certain series of certificates may be


concentrated in certain regions. Any concentration may present risk
considerations in addition to those generally present for similar
mortgage-backed securities without a concentration in a particular region.
Certain geographic regions of the United States from time to time will
experience weaker regional economic conditions and housing markets or be
directly or indirectly affected by natural disasters or civil disturbances such
as earthquakes, hurricanes, floods, eruptions or riots. Mortgage loans in
affected areas will experience higher rates of loss and delinquency than on
mortgage loans generally. Although mortgaged properties located in certain
identified flood zones will be required to be covered, to the maximum extent
available, by flood insurance, as described under "The Pooling and Servicing
Agreement--Insurance Policies," no mortgaged properties will be required to be
insured otherwise against earthquake damage or any other loss not covered by
standard insurance policies, as described under "The Pooling and Servicing
Agreement--Insurance Policies."

The ability of mortgagors to make payments on the mortgage loans may also
be affected by factors that do not necessarily affect property values, such as
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adverse economic conditions generally, in particular geographic areas or


industries, or affecting particular segments of the borrowing community, such as
mortgagors relying on commission income and self-employed mortgagors. These
factors may affect the timely payment by mortgagors of scheduled payments of
principal and interest on the mortgage loans and, accordingly, the actual rates
of delinquencies, foreclosures and losses with respect to any trust.

See the related prospectus supplement for further information regarding


the geographic concentration of the mortgage loans underlying the certificates
of any series.

GENERAL ECONOMIC CONDITIONS MAY INCREASE RISK OF LOSS

Adverse economic conditions generally, in particular geographic areas or


industries, or affecting particular segments of the borrowing community (such as
mortgagors relying on commission income and self-employed mortgagors) and other
factors which may or may not affect real property values (including the purposes
for which the mortgage loans were made and the uses of the mortgaged properties)
may affect the timely payment by mortgagors of scheduled payments of principal
and interest on the mortgage loans and, accordingly, the actual rates of
delinquencies, foreclosures and losses on the mortgage loans. If these losses
are not covered by the applicable credit enhancement, certificateholders of the
series evidencing interests in the related trust will bear all risk of loss
resulting from default by mortgagors and will have to look primarily to the
value of the mortgaged properties for recovery of the outstanding principal and
unpaid interest on the defaulted mortgage loans.

COLLATERAL SECURING COOPERATIVE LOANS MAY DIMINISH IN VALUE

If specified in the related prospectus supplement, certain of the mortgage


loans may be cooperative loans. In a cooperative loan, a tenant-stockholder's
ownership interest in the cooperative and accompanying rights is financed
through a cooperative share loan and secured by a security interest in the
occupancy agreement or proprietary lease and in the related cooperative shares.
There are certain risks that differentiate cooperative loans from other types of
mortgage loans. Ordinarily, the cooperative incurs a blanket mortgage in
connection with the construction or purchase of the cooperative's apartment
building and the underlying land. The interests of the individual occupants
under proprietary leases or occupancy agreements to which the cooperative is a
party are generally subordinate to the interest of the holder of the blanket
mortgage. If the cooperative is unable to meet the

10

payment obligations arising under its blanket mortgage, the mortgagee holding
the blanket mortgage could foreclose on that mortgage and terminate all
subordinate proprietary leases and occupancy agreements. In addition, the
blanket mortgage on a cooperative may provide financing in the form of a
mortgage that does not fully amortize, with a significant portion of principal
being due in one lump sum at final maturity. The inability of the cooperative to
refinance this mortgage, and its consequent inability to make such final
payment, could lead to foreclosure by the mortgagee providing the financing. A
foreclosure in either event by the holder of the blanket mortgage could
eliminate or significantly diminish the value of the collateral securing the
cooperative loans.

LEASEHOLDS MAY BE SUBJECT TO DEFAULT RISK ON THE UNDERLYING LEASE

If specified in the related prospectus supplement, certain of the mortgage


loans may be secured by leasehold mortgages. Leasehold mortgages are subject to
certain risks not associated with mortgage loans secured by a fee estate of the
mortgagor. The most significant of these risks is that the ground lease creating
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the leasehold estate could terminate, leaving the leasehold mortgagee without
its security. The ground lease may terminate, if, among other reasons, the
ground lessee breaches or defaults in its obligations under the ground lease or
there is a bankruptcy of the ground lessee or the ground lessor. Any leasehold
mortgages underlying a series of certificates will contain provisions protective
of the mortgagee, as described under "The Trust Estates--The Mortgage Loans,"
such as the right of the leasehold mortgagee to receive notices from the ground
lessor of any defaults by the mortgagor and to cure those defaults, with
adequate cure periods; if a default is not susceptible of cure by the leasehold
mortgagee, the right to acquire the leasehold estate through foreclosure or
otherwise; the ability of the ground lease to be assigned to and by the
leasehold mortgagee or purchaser at a foreclosure sale and for the simultaneous
release of the ground lessee's liabilities under the new lease; and the right of
the leasehold mortgagee to enter into a new ground lease with the ground lessor
on the same terms and conditions as the old ground lease upon a termination.

YIELDS OF CERTIFICATES SENSITIVE TO RATE AND TIMING OF PRINCIPAL PREPAYMENT

The yield on the certificates of each series will depend in part on the
rate and timing of principal payment on the mortgage loans, including
prepayments, liquidations due to defaults and mortgage loan repurchases. Your
yield may be adversely affected, depending upon whether a particular certificate
is purchased at a premium or a discount, by a higher or lower than anticipated
rate of prepayments on the related mortgage loans. In particular:

o the yield on classes of certificates entitling their holders primarily


or exclusively to payments of interest, such as interest only
certificates, or primarily or exclusively to payments of principal,
such as principal only certificates, will be extremely sensitive to
the rate and timing of prepayments on the related mortgage loans; and

o the yield on certain other classes of certificates, such as companion


certificates, may be relatively more sensitive to the rate and timing
of prepayments of specified mortgage loans than other classes of
certificates.

The rate and timing of prepayments on mortgage loans is influenced by a


number of factors, including but not limited to:

o prevailing mortgage market interest rates;

o local and national economic conditions;

o homeowner mobility; and

o the ability of the borrower to obtain refinancing.

If you are purchasing certificates at a discount, and specifically if you


are purchasing principal only certificates, you should consider the risk that if
principal payments on the mortgage loans, or, in the case of any ratio strip
certificates, the related mortgage loans, occur at a rate lower than

11

you expected, your yield will be lower than you expected. Further information
relating to yield on those certificates will be included in the applicable
prospectus supplement, including a table demonstrating the particular
sensitivity of any class of principal only certificates to the rate of
prepayments.

If you are purchasing certificates at a premium, or are purchasing an


interest only certificate, you should consider the risk that if principal
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payments on the mortgage loans or, in the case of any interest only certificates
entitled to a portion of interest paid on certain mortgage loans with higher
mortgage interest rate, those mortgage loans, occur at a rate faster than you
expected, your yield may be lower than you expected. If you are purchasing
interest only certificates, you should consider the risk that a rapid rate of
principal payments on the applicable mortgage loans could result in your failure
to recover your initial investment. Further information relating to yield on
those certificates will be included in the applicable prospectus supplement,
including, in the case of interest only certificates that are extremely
sensitive to principal prepayments, a table demonstrating the particular
sensitivity of those interest only certificates to the rate of prepayments.

If you are purchasing any inverse floating rate certificates, you should
also consider the risk that a high rate of the applicable index may result in a
lower actual yield than you expected or a negative yield. In particular, you
should consider the risk that high constant rates of the applicable index or
high constant prepayment rates on the mortgage loans may result in the failure
to recover your initial investment. Further information relating to yield on
those certificates will be included in the applicable prospectus supplement,
including a table demonstrating the particular sensitivity of those certificates
to the rate of prepayments on the mortgage loans and changes in the applicable
index.

TIMING OF PREPAYMENTS ON THE MORTGAGE LOANS MAY RESULT IN INTEREST SHORTFALLS ON


THE CERTIFICATES

When a mortgage loan is prepaid in full, the mortgagor pays interest on


the amount prepaid only to the date of prepayment. Liquidation proceeds and
amounts received in settlement of insurance claims are also likely to include
interest only to the time of payment or settlement. When a mortgage loan is
prepaid in full or in part, an interest shortfall may result depending on the
timing of the receipt of the prepayment and the timing of when those prepayments
are passed through to certificateholders. To partially mitigate this reduction
in yield, the pooling and servicing agreement and/or underlying servicing
agreements relating to a series may provide, to the extent specified in the
applicable prospectus supplement, that for specified types of principal
prepayments received, the applicable servicer or the master servicer will be
obligated, on or before each distribution date, to pay an amount equal to the
lesser of (i) the aggregate interest shortfall with respect to the distribution
date resulting from those principal prepayments by mortgagors and (ii) all or a
portion of the servicer's or the master servicer's, as applicable, servicing
compensation for the distribution date as specified in the applicable prospectus
supplement or other mechanisms specified in the applicable prospectus
supplement. To the extent these shortfalls from the mortgage loans are not
covered by the amount of compensating interest or other mechanisms specified in
the applicable prospectus supplement, they will be allocated among the classes
of interest bearing certificates as described in the related prospectus
supplement under "Description of the Certificates -- Interest." No comparable
interest shortfall coverage will be provided by the servicer or the master
servicer with respect to liquidations of any mortgage loans. Any interest
shortfall arising from liquidations will be covered by means of the
subordination of the rights of subordinate certificateholders or any other
credit support arrangements described in this prospectus.

EXERCISE OF RIGHTS UNDER SPECIAL SERVICING AGREEMENTS MAY BE ADVERSE TO OTHER


CERTIFICATEHOLDERS

The pooling and servicing agreement for a series will permit a servicer to
enter into a special servicing agreement with an unaffiliated holder of a class
of subordinate certificates or a class of securities backed by a class of
subordinate certificates, pursuant to which the holder may instruct the servicer
to commence or delay foreclosure proceedings with respect to delinquent mortgage
loans. This right is intended to permit the holder of a class of certificates
that is highly sensitive to losses on the mortgage loans to attempt to mitigate
losses by exercising limited power of direction over servicing activities which
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accelerate or delay realization of losses on the mortgage loans. Such directions


may, however, be adverse to the interest of those classes of senior certificates
that are more sensitive to prepayments than to losses on the mortgage loans. In
particular, accelerating foreclosure will adversely affect the yield to maturity
on interest only certificates, while delaying foreclosure will adversely affect
the yield to maturity of principal only certificates.

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SPECIAL POWERS OF THE FDIC IN THE EVENT OF INSOLVENCY OF THE SPONSOR COULD DELAY
OR REDUCE DISTRIBUTIONS ON THE CERTIFICATES

The mortgage loans will be originated or acquired by the sponsor, a


national bank whose deposits are insured to the applicable limits by the FDIC.
If the sponsor becomes insolvent, is in an unsound condition or engages in
violations of its bylaws or regulations applicable to it or if similar
circumstances occur, the FDIC could act as conservator and, if a receiver were
appointed, would act as a receiver for the sponsor. As receiver, the FDIC would
have broad powers to:

o require the trust, as assignee of the depositor, to go through an


administrative claims procedure to establish its rights to payments
collected on the mortgage loans; or

o request a stay of proceedings to liquidate claims or otherwise enforce


contractual and legal remedies against the sponsor, or

o if the sponsor is a servicer for a series of certificates, repudiate


without compensation the sponsor's ongoing servicing obligations under
the pooling and servicing agreement, such as its duty to collect and
remit payments or otherwise service the mortgage loans; or

o prevent the appointment of a successor servicer; or

o alter the terms on which the sponsor continues to service the mortgage
loans, including the amount or the priority of the fees paid to the
sponsor as servicer.

If the FDIC were to take any of those actions, distributions on the


certificates could be accelerated, delayed or reduced and you may suffer losses.

By statute, the FDIC as conservator or receiver of the sponsor is


authorized to repudiate any "contract" of the sponsor upon payment of "actual
direct compensatory damages." This authority may be interpreted by the FDIC to
permit it to repudiate the transfer of the mortgage loans to the depositor.
Under an FDIC regulation, however, the FDIC as conservator or receiver of a bank
has stated that it will not reclaim, recover or recharacterize a bank's transfer
of financial assets in connection with a securitization or participation,
provided that the transfer meets all conditions for sale accounting treatment
under generally accepted accounting principles, other than the "legal isolation"
condition as it applies to institutions for which the FDIC may be appointed as
conservator or receiver, was made for adequate consideration and was not made
fraudulently, in contemplation of insolvency, or with the intent to hinder,
delay or defraud the bank or its creditors. For purposes of the FDIC regulation,
the term securitization means, as relevant, the issuance by a special purpose
entity of beneficial interests the most senior class of which at time of
issuance is rated in one of the four highest categories assigned to long-term
debt or in an equivalent short-term category (within either of which there may
be sub-categories or gradations indicating relative standing) by one or more
nationally recognized statistical rating organizations. A special purpose
entity, as the term is used in the regulation, means a trust, corporation, or
other entity demonstrably distinct from the insured depository institution that
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is primarily engaged in acquiring and holding (or transferring to another


special purpose entity) financial assets, and in activities related or
incidental to these actions, in connection with the issuance by the special
purpose entity (or by another special purpose entity that acquires financial
assets directly or indirectly from the special purpose entity) of beneficial
interests. The transactions contemplated by this prospectus and the related
prospectus supplement will be structured so that this FDIC regulation should
apply to the transfer of the mortgage loans from the sponsor to the depositor.

If a condition required under the FDIC regulation, or other statutory or


regulatory requirement applicable to the transaction, were found not to have
been satisfied, the FDIC as conservator or receiver might refuse to recognize
the sponsor's transfer of the mortgage loans to the depositor. In that event the
depositor could be limited to seeking recovery based upon its security interest
in the mortgage loans. The FDIC's statutory authority has been interpreted by
the FDIC and at least one court to permit the repudiation of a security interest
upon payment of actual direct compensatory damages measured as of the date of
conservatorship or receivership. These damages do not include damages for lost
profits or opportunity, and no damages would be paid for the period between the
date of

13

conservatorship or receivership and the date of repudiation. As a result, you


may suffer losses. The FDIC could delay its decision whether to recognize the
sponsor's transfer of the mortgage loans for a reasonable period following its
appointment as conservator or receiver for the sponsor. If the FDIC were to
refuse to recognize the sponsor's transfer of the mortgage loans, distributions
on the certificates could be accelerated, delayed or reduced.

If specified in the applicable prospectus supplement, the sponsor will


also act as servicer of the mortgage loans. If the FDIC acted as receiver for
the sponsor after the sponsor's insolvency, the FDIC could prevent the
termination of the sponsor as servicer of the mortgage loans, even if a
contractual basis for termination exists. This inability to terminate the
sponsor as servicer could result in a delay or possibly a reduction in
distributions on the certificates to the extent the sponsor received, but did
not remit to the trustee, mortgage loan collections received by the sponsor
before the date of insolvency or if the sponsor failed to make any required
advances.

Certain banking laws and regulations may apply not only to the sponsor but
to its subsidiaries as well. Arguments can also be made that the FDIC's rights
and powers extend to the depositor, the sponsor and the issuing entity and that,
as a consequence, the FDIC could repudiate or otherwise directly affect the
rights of the certificate holders under the transaction documents. If the FDIC
were to take this position, delays or reductions on payments to certificate
holders could occur.

INSOLVENCY OF THE DEPOSITOR MAY DELAY OR REDUCE COLLECTIONS ON MORTGAGE LOANS

Neither the United States Bankruptcy Code nor similar applicable state
laws prohibit the depositor from filing a voluntary application for relief under
these laws. However, the transactions contemplated by this prospectus and the
related prospectus supplement will be structured so that the voluntary or
involuntary application for relief under the bankruptcy laws by the depositor is
unlikely. The depositor is a separate, limited purpose subsidiary, the
certificate of incorporation of which contains limitations on the nature of the
depositor's business, including the ability to incur debt other than debt
associated with the transactions contemplated by this prospectus, and
restrictions on the ability of the depositor to commence voluntary or
involuntary cases or proceedings under bankruptcy laws without the prior
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unanimous affirmative vote of all its directors (who are required to consider
the interests of the depositor's creditors, in addition to the depositor's
stockholders, in connection with the filing of a voluntary application for
relief under applicable insolvency laws). Further, the transfer of the mortgage
loans to the related trust will be structured so that the trustee has no
recourse to the depositor, other than for breaches of representations and
warranties about the mortgage loans.

If the depositor were to become the subject of a proceeding under the


bankruptcy laws, a court could conclude that the transfer of the mortgage loans
from the depositor to the trust should not be characterized as an absolute
transfer, and accordingly, that the mortgage loans should be included as part of
the depositor's estate. Under these circumstances, the bankruptcy proceeding
could delay or reduce distributions on the certificates. In addition, a
bankruptcy proceeding could result in the temporary disruption of distributions
on the certificates.

OWNERS OF BOOK-ENTRY CERTIFICATES ARE NOT ENTITLED TO EXERCISE RIGHTS OF HOLDERS


OF CERTIFICATES

If so provided in a prospectus supplement, one or more classes of


certificates of a series may be issued in book-entry form. These book-entry
certificates will be represented initially by one or more certificates
registered in the name of Cede & Co., the nominee for The Depository Trust
Company, and will not be registered in the names of the owners or their
nominees. As a result, unless definitive Certificates are issued, owners of
beneficial interests in certificates will not be recognized by the trustee as
"certificateholders" under the related pooling and servicing agreement. If you
own book-entry certificates, you will not be able to exercise the rights of a
certificateholder directly and must act indirectly through The Depository Trust
Company and its participating organizations. See "Description of
Certificates--Book-entry Form."

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BOOK-ENTRY SYSTEM FOR CERTAIN CLASSES OF CERTIFICATES MAY DECREASE LIQUIDITY AND
DELAY PAYMENT

Because transactions in the classes of book-entry certificates of any


series generally can be effected only through DTC, DTC participants and indirect
DTC participants:

o your ability to pledge book-entry certificates to someone who does not


participate in the DTC system, or to otherwise take action relating to
your book-entry certificates, may be limited due to the lack of a
physical certificate;

o you may experience delays in your receipt of payments on book-entry


certificates because distributions will be made by the trustee, or a
paying agent on behalf of the trustee, to Cede & Co., as nominee for
DTC, rather than directly to you; and

o you may experience delays in your receipt of payments on book-entry


certificates in the event of misapplication of payments by DTC, DTC
participants or indirect DTC participants or bankruptcy or insolvency
of those entities and your recourse will be limited to your remedies
against those entities.

See "Description of the Certificates--Book-entry Form."

CASH FLOW AGREEMENTS AND EXTERNAL CREDIT ENHANCEMENTS ARE SUBJECT TO


COUNTERPARTY RISK
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The assets of a trust may, if specified in the related prospectus


supplement, include cash flow agreements such as swap, cap, floor or similar
agreements which will require a counterparty to the trust (or the trustee acting
on behalf of the trust) to make payments to the trust under the circumstances
described in the prospectus supplement. If payments on the certificates of the
related series depend in part on payments to be received under this type of
agreement, the ability of the trust to make payments on the certificates will be
subject to the credit risk of the provider of the agreement.

In addition, the ratings assigned to the certificates of a series may


depend in part on the ratings assigned to the provider of certain types of
external credit enhancement, such as a mortgage pool insurance policy, surety
bond, financial guaranty insurance policy or limited guarantee. Any reduction in
the ratings assigned to the provider of one of these types of external credit
enhancement could result in the reduction of the ratings assigned to the
certificates of the series. A reduction in the ratings assigned to the
certificates of a series is likely to affect adversely the liquidity and market
value of the certificates.

AMOUNTS RECEIVED FROM AN AUCTION AND A RELATED SWAP AGREEMENT MAY BE


INSUFFICIENT TO ASSURE COMPLETION OF THE AUCTION

If specified in the prospectus supplement for a series, one or more


classes of certificates may be subject to a mandatory auction. If you hold a
class of certificates subject to a mandatory auction, on the distribution date
specified in the related prospectus supplement for the auction your certificate
will be transferred to successful auction bidders, thereby ending your
investment in that certificate. If the class balance of your class of auction
certificates plus, if applicable, accrued interest, after application of all
distributions and realized losses on the distribution date of the auction, is
greater than the amount received in the auction, a counterparty will be
obligated, pursuant to a swap agreement, to pay the amount of that difference to
the administrator of the auction for distribution to the holders of the class of
auction certificates. Auction bidders will be permitted to bid for all or a
portion of a class of auction certificates. If the counterparty under the swap
agreement defaults on its obligations, no bids for all or a portion of a class
of auction certificates will be accepted unless the amount of the bids are equal
to the class balance of a class of auction certificates plus, if applicable,
accrued interest, after application of all distributions and realized losses on
the distribution date of the auction (or a pro rata portion of this price). If
the counterparty under the swap agreement defaults and no bids for a class or
portion of a class of auction certificates are accepted, or there are no bids
for the class or portion of the class, all or a portion of the certificates of
the class will not be transferred to auction bidders. In the event this happens,
you will retain the non-transferred portion of your certificates after the
distribution date for the auction.

15

See "Description of the Certificates--Mandatory Auction of the Auction


Certificates" in this prospectus.

SERVICING TRANSFER FOLLOWING EVENT OF DEFAULT MAY RESULT IN PAYMENT DELAYS OR


LOSSES

Following the occurrence of an event of default under a pooling and


servicing agreement, the trustee for the related series may, in its discretion
or pursuant to direction from certificateholders, remove the defaulting master
servicer or servicer and succeed to its responsibilities, or may petition a
court to appoint a successor master servicer or servicer. The trustee or the
successor master servicer or servicer will be entitled to reimbursement of its
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costs of effecting the servicing transfer from the predecessor master servicer
or servicer, or from the assets of the related trust if the predecessor fails to
pay. In the event that reimbursement to the trustee or the successor master
servicer or servicer is made from trust assets, the resulting shortfall will be
borne by holders of the related certificates, to the extent not covered by any
applicable credit support. In addition, during the pendency of a servicing
transfer or for some time thereafter, mortgagors of the related mortgage loans
may delay making their monthly payments or may inadvertently continue making
payments to the predecessor servicer, potentially resulting in delays in
distributions on the related certificates.

EFFECTS OF FAILURE TO COMPLY WITH CONSUMER PROTECTION LAWS

There are various federal and state laws, public policies and principles
of equity that protect consumers. Among other things, these laws, policies and
principles:

o regulate interest rates and other charges;

o require certain disclosures;

o require licensing of mortgage loan originators;

o limit or prohibit certain mortgage loan features, such as prepayment


penalties or balloon payments;

o prohibit discriminatory or predatory lending practices;

o require lenders to provide credit counseling and/or make affirmative


determinations regarding the borrower's ability to repay the mortgage
loan;

o regulate the use of consumer credit information; and

o regulate debt collection practices.

Violation of certain provisions of these laws, policies and principles:

o may limit a servicer's ability to collect all or part of the principal


of or interest on the mortgage loans;

o may entitle the borrower to a refund of amounts previously paid; and

o could subject a servicer to damages and administrative sanctions.

The depositor will generally be required to repurchase any mortgage loan


which, at the time of origination, did not comply with federal and state laws
and regulations. In addition, the sponsor will be required to pay to the
depositor, and the depositor will be required to pay to the applicable trust,
any costs or damages incurred by the related trust as a result of a violation of
these laws or regulations.

16

INCREASED RISK OF LOSS IF DELINQUENT MORTGAGE LOANS ARE ASSETS OF A TRUST

A portion of the mortgage loans in a trust may be delinquent when the


related certificates are issued. You should consider the risk that the inclusion
of delinquent mortgage loans in a trust may cause the rate of defaults and
prepayments on the mortgage loans to increase. As a result, the related credit
enhancement for those series of certificates may not cover the related losses.

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THE TRUST ESTATES

GENERAL

Each Series of certificates will be issued by a separate common law trust


(each, a "TRUST"). The assets of each Trust (each, a "TRUST ESTATE") will be
held by the trustee named in the related prospectus supplement (the "TRUSTEE")
for the benefit of the related certificateholders. Each Trust Estate will
consist of a mortgage pool comprised of mortgage loans (the "MORTGAGE LOANS")
and/or mortgage-backed securities (the "MORTGAGE CERTIFICATES" and, together
with the Mortgage Loans, the "MORTGAGE ASSETS") together with payments in
respect of the Mortgage Assets and certain accounts, obligations or agreements,
in each case as specified in the related prospectus supplement.

The certificates will be entitled to payment from the assets of the


related Trust Estate and will not be entitled to payments in respect of the
assets of any other Trust Estate established by the depositor, Banc of America
Funding Corporation.

The following is a brief description of the Mortgage Assets expected to be


included in the Trust Estates. If specific information respecting the Mortgage
Assets is not known at the closing date for a series of certificates, more
general information of the nature described below will be provided in the
related prospectus supplement, and final specific information will be set forth
in a Current Report on Form 8-K to be available to investors on the closing date
and to be filed with the Securities and Exchange Commission within fifteen days
after the closing date. A schedule of the Mortgage Assets relating to the series
will be attached to the pooling and servicing agreement delivered to the Trustee
upon delivery of the certificates.

The Trust Estate will not include the portion of interest on the Mortgage
Loans which constitutes the Fixed Retained Yield, if any. See "The Pooling and
Servicing Agreement--Fixed Retained Yield, Servicing Compensation and Payment of
Expenses."

THE MORTGAGE LOANS

GENERAL

The mortgaged properties securing the Mortgage Loans may be located in any
one of the fifty states, the District of Columbia, Guam, Puerto Rico or any
other territory of the United States.

PAYMENT PROVISIONS OF THE MORTGAGE LOANS

The Mortgage Loans in a Trust Estate will have monthly payment dates as
set forth in the related prospectus supplement. The payment terms of the
Mortgage Loans to be included in a Trust Estate will be described in the related
prospectus supplement and will be one of the following types of mortgage loans:

a. Fixed-Rate Loans. If specified in the applicable prospectus supplement,


a Trust Estate may contain fixed-rate, fully amortizing Mortgage Loans
providing for level monthly payments of principal and interest and terms at
origination or modification of not more than 40 years. If specified in the
applicable prospectus supplement, fixed rates on certain Mortgage Loans may
be converted to adjustable rates after origination of these Mortgage Loans
and upon the satisfaction of other conditions specified in the applicable
prospectus supplement. If specified in the applicable prospectus supplement,
the pooling and servicing agreement will require the Depositor or another
party identified in the applicable prospectus supplement to repurchase each
of

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these converted Mortgage Loans at the price set forth in the applicable
prospectus supplement. A Trust Estate containing fixed-rate Mortgage Loans
may contain convertible Mortgage Loans which have converted from an
adjustable interest rate prior to the formation of the Trust Estate and which
are subject to no further conversions.

b. Adjustable-Rate Loans. If specified in the applicable prospectus


supplement, a Trust Estate may contain adjustable-rate, fully amortizing
Mortgage Loans having an original or modified term to maturity of not more
than 40 years with a related mortgage interest rate which generally adjusts
initially either one, three or six months, or one, three, five, seven or ten
years, subsequent to the initial Due Date, and thereafter at either
one-month, six-month, one-year or other intervals over the term of the
Mortgage Loan to equal the sum of a fixed margin set forth in the related
mortgage note (the "GROSS MARGIN") and an index. The applicable prospectus
supplement will set forth the relevant index and the highest, lowest and
weighted average Gross Margin with respect to the adjustable-rate Mortgage
Loans in the related Trust Estate. The index will be one of the following:
one-month, three-month, six-month or one-year LIBOR (an average of the
interest rate on one-month, three-month, six-month or one-year
dollar-denominated deposits traded between banks in London), CMT (weekly or
monthly average yields of U.S. treasury short- and long-term securities,
adjusted to a constant maturity), COFI (an index of the weighted average
interest rate paid by savings institutions in Nevada, Arizona and
California), MTA (a one-year average of the monthly average yields of U.S.
treasury securities) or the Prime Rate (an interest rate charged by banks for
short-term loans to their most creditworthy customers). The applicable
prospectus supplement will also indicate any periodic or lifetime limitations
on the adjustment of any mortgage interest rate.

If specified in the applicable prospectus supplement, adjustable rates on


certain Mortgage Loans may be converted to fixed rates generally on the first,
second or third adjustment date after origination of those Mortgage Loans at the
option of the mortgagor. If specified in the applicable prospectus supplement,
the Depositor or another party specified in the applicable prospectus supplement
will generally be required to repurchase each of these converted Mortgage Loans
at the price set forth in the applicable prospectus supplement. A Trust Estate
containing adjustable-rate Mortgage Loans may contain convertible Mortgage Loans
which have converted from a fixed interest rate prior to the formation of the
Trust Estate.

If specified in the applicable prospectus supplement, a Trust Estate may


contain adjustable-rate Mortgage Loans with original terms to maturity of not
more than 40 years and flexible payment options ("OPTION ARM MORTGAGE LOANS").
The initial required monthly payment is fully amortizing based on the initial
mortgage interest rate (which may be a rate that is less than the sum of the
applicable index at origination and the Gross Margin specified in the related
mortgage). After an introductory period of either one or three months, the
borrower may select from up to four payment options each month: (i) a monthly
payment of principal and interest sufficient to fully amortize the mortgage loan
based on the remaining scheduled term of the loan, (ii) a monthly payment of
principal and interest sufficient to fully amortize the mortgage loan over the
remaining term based on a term of 15 years from the date of the first scheduled
payment on the mortgage loan (this option ceases to be available when the
mortgage loan has been paid to its 16th year), (iii) an interest only payment
that would cover solely the amount of interest that accrued during the previous
month (this option is only available if it would exceed the minimum payment
option for the month), or (iv) a minimum payment equal to either (a) the initial
monthly payment, (b) the monthly payment as of the most recent annual adjustment
date, or (c) the monthly payment as of the most recent automatic adjustment,
whichever is most recent. The minimum payment adjusts annually after the first
payment date but is subject to a payment cap which limits any increase or
decrease to no more than 7.5% of the previous year's minimum payment amount. In
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addition, the minimum payment is subject to an automatic adjustment every five


years or if the outstanding principal balance of the mortgage loan exceeds a
certain percentage specified in the applicable prospectus supplement, in each
case without regard to the 7.5% limitation. On each annual adjustment date and
in the event of an automatic adjustment, the minimum monthly payment is adjusted
to an amount sufficient to fully amortize the mortgage loan based on the
then-current mortgage interest rate and remaining scheduled term of the loan,
unless, in the case of an annual adjustment, the monthly payment is restricted
by the 7.5% limitation, in which case the monthly payment is adjusted by 7.5%. A
minimum payment may not cover the amount of interest accrued during a month and
may not pay down any principal. Any interest not covered by a monthly payment
("DEFERRED INTEREST") will be added to the principal balance of the Mortgage
Loan. This is called "negative amortization" and results in an increase in the
amount of principal the borrower owes. Interest will then accrue on this new
larger principal balance. The index for an Option ARM Mortgage Loan will be
determined monthly or at other less frequent intervals specified in the
applicable prospectus supplement.

18

c. Interest Only Mortgage Loans. If specified in the applicable prospectus


supplement, a Trust Estate may contain "INTEREST ONLY MORTGAGE LOANS" which
are (i) Mortgage Loans having an original term to maturity of not more than
40 years with a Mortgage Interest Rate which adjusts initially either one,
three or six months, or one, three, five, seven or ten years subsequent to
the initial payment date, and thereafter at one-month, six-month, one-year or
other intervals (with corresponding adjustments in the amount of monthly
payments) over the term of the mortgage loan to equal the sum of the related
Gross Margin and index, and providing for monthly payments of interest only
for a period specified in the applicable prospectus supplement and monthly
payments of principal and interest after the interest only period sufficient
to fully amortize the Mortgage Loans over their remaining terms to maturity
or (ii) fixed-rate, fully-amortizing Mortgage Loans having an original term
to maturity of not more than 40 years providing for monthly payments of
interest only prior to a date specified in the Mortgage Note and monthly
payments of principal and interest after such date sufficient to
fully-amortize the Mortgage Loans over their remaining terms to maturity.

d. Graduated Payment Loans. If specified in the applicable prospectus


supplement, a Trust Estate may contain fixed rate, graduated payment Mortgage
Loans having original or modified terms to maturity of not more than 40 years
with monthly payments during the first year calculated on the basis of an
assumed interest rate which is a specified percentage below the mortgage
interest rate on the Mortgage Loan. The monthly payments increase at the
beginning of the second year by a specified percentage of the monthly payment
during the preceding year and each year thereafter to the extent necessary to
amortize the Mortgage Loan over the remainder of its term or other shorter
period. Mortgage Loans incorporating these graduated payment features may
include (i) "GRADUATED PAY MORTGAGE LOANS," pursuant to which amounts
constituting Deferred Interest are added to the principal balances of these
Mortgage Loans, (ii) "TIERED PAYMENT MORTGAGE LOANS," pursuant to which, if
the amount of interest accrued in any month exceeds the current scheduled
payment for that month, these excess amounts are paid from a subsidy account
(usually funded by a home builder or family member) established at closing
and (iii) "GROWING EQUITY MORTGAGE LOANS," for which the monthly payments
increase at a rate which has the effect of amortizing the loan over a period
shorter than the stated term.

e. Subsidy Loans. If specified in the applicable prospectus supplement, a


Trust Estate may contain Mortgage Loans subject to temporary interest subsidy
agreements ("SUBSIDY LOANS") pursuant to which the monthly payments made by
the related mortgagors will be less than the scheduled monthly payments on
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these Mortgage Loans with the present value of the resulting difference in
payment ("SUBSIDY PAYMENTS") being provided by the employer of the mortgagor,
generally on an annual basis. Subsidy Payments will generally be placed in a
custodial account ("SUBSIDY ACCOUNT") by the related Servicer. Despite the
existence of a subsidy program, a mortgagor remains primarily liable for
making all scheduled payments on a Subsidy Loan and for all other obligations
provided for in the related mortgage note and Mortgage Loan.

Subsidy Loans are offered by employers generally through either a


graduated or fixed subsidy loan program, or a combination of these programs. The
terms of the subsidy agreements relating to Subsidy Loans generally range from
one to ten years. The subsidy agreements relating to Subsidy Loans made under a
graduated program generally will provide for subsidy payments that result in
effective subsidized interest rates between three percentage points and five
percentage points below the mortgage interest rates specified in the related
mortgage notes. Generally, under a graduated program, the subsidized rate for a
Mortgage Loan will increase approximately one percentage point per year until it
equals the full mortgage interest rate. For example, if the initial subsidized
interest rate is five percentage points below the mortgage interest rate in year
one, the subsidized rate will increase to four percentage points below the
mortgage interest rate in year two, and likewise until year six, when the
subsidized rate will equal the mortgage interest rate. Where the subsidy
agreements relating to Subsidy Loans are in effect for longer than five years,
the subsidized interest rates generally increase at smaller percentage
increments for each year. The subsidy agreements relating to Subsidy Loans made
under a fixed program generally will provide for subsidized interest rates at
fixed percentages (generally one percentage point to two percentage points)
below the mortgage interest rates for specified periods, generally not in excess
of ten years. Subsidy Loans are also offered pursuant to combination
fixed/graduated programs. The subsidy agreements relating to these Subsidy Loans
generally will provide for an initial fixed subsidy of up to five percentage
points below the related mortgage interest rate for up to five years, and then a
periodic reduction in the subsidy for up to five years, at an equal fixed
percentage per year until the subsidized rate equals the mortgage interest rate.

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Generally, employers may terminate subsidy programs in the event of (i)


the mortgagor's death, retirement, resignation or termination of employment,
(ii) the full prepayment of the Subsidy Loan by the mortgagor, (iii) the sale or
transfer by the mortgagor of the related Mortgaged Property as a result of which
the mortgagee is entitled to accelerate the Subsidy Loan under the "due on sale"
clause contained in the mortgage, or (iv) the commencement of foreclosure
proceedings or the acceptance of a deed in lieu of foreclosure. In addition,
some subsidy programs provide that if prevailing market rates of interest on
mortgage loans similar to a Subsidy Loan are less than the mortgage interest
rate of that Subsidy Loan, the employer may request that the mortgagor refinance
its Subsidy Loan and may terminate the related subsidy agreement if the
mortgagor fails to refinance its Subsidy Loan. In the event the mortgagor
refinances its Subsidy Loan, the new loan will not be included in the Trust
Estate. See "Prepayment and Yield Considerations." In the event a subsidy
agreement is terminated, the amount remaining in the Subsidy Account will be
returned to the employer, and the mortgagor will be obligated to make the full
amount of all remaining scheduled payments, if any. The mortgagor's reduced
monthly housing expense as a consequence of payments under a subsidy agreement
may be used by the originator in determining certain expense to income ratios
utilized in underwriting a Subsidy Loan.

f. Buy Down Loans. If specified in the applicable prospectus supplement, a


Trust Estate may contain Mortgage Loans subject to temporary buy down plans
("BUY DOWN LOANS") under which the monthly payments made by the mortgagor
during the early years of the Mortgage Loan will be less than the scheduled
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monthly payments on the Mortgage Loan. The resulting difference in payment


will be compensated for from an amount contributed by the seller of the
related Mortgaged Property or another source, including the originator of the
Mortgage Loan (generally on a present value basis) and, if specified in the
applicable prospectus supplement, placed in a custodial account (the "BUY
DOWN FUND") by the related Servicer. If the mortgagor on a Buy Down Loan
prepays the Mortgage Loan in its entirety, or defaults on the Mortgage Loan
and the related Servicer liquidates the related Mortgaged Property, during
the period when the mortgagor is not obligated, by virtue of the buy down
plan, to pay the full monthly payment otherwise due on the loan, the unpaid
principal balance of the Buy Down Loan will be reduced by the amounts
remaining in the Buy Down Fund for the Buy Down Loan, and these amounts will
be deposited in the Servicer Custodial Account or the Distribution Account,
net of any amounts paid relating to the Buy Down Loan by any insurer,
guarantor or other person under a credit enhancement arrangement described in
the applicable prospectus supplement.

g. Balloon Loans. If specified in the applicable prospectus supplement, a


Trust Estate may contain Mortgage Loans which are amortized over a fixed
period not exceeding 40 years but which have shorter terms to maturity
("BALLOON LOANS") that causes the outstanding principal balance of the
related Mortgage Loan to be due and payable at the end of a certain specified
period (the "BALLOON PERIOD"). The borrower of a Balloon Loan will be
obligated to pay the entire outstanding principal balance of the Balloon Loan
at the end of the related Balloon Period. In the event the related mortgagor
refinances a Balloon Loan at maturity, the new loan will not be included in
the Trust Estate. See "Prepayment and Yield Considerations" herein.

Mortgage Loans with certain loan-to-value ratios and/or certain principal


balances may be covered wholly or partially by primary mortgage insurance
policies. The existence, extent and duration of any coverage will be described
in the related prospectus supplement. The loan-to-value ratio of a Mortgage Loan
at any given time is the ratio, expressed as a percentage, of the
then-outstanding principal balance of the Mortgage Loan to the appraised value
of the related mortgaged property. The appraised value is either:

(i) the lesser of:

(a) the appraised value determined in an appraisal obtained by the


originator of the Mortgage Loan and

(b) the sales price for the property,

except that, in the case of Mortgage Loans the proceeds of which were used
to refinance an existing mortgage loan, the appraised value of the related
mortgaged property is the appraised value determined in an appraisal
obtained at the time of refinancing; or

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(ii) the appraised value determined in an appraisal made at the


request of a mortgagor subsequent to origination to eliminate
the mortgagor's obligation to keep a primary mortgage insurance
policy in force.

MORTGAGE LOAN INFORMATION IN PROSPECTUS SUPPLEMENT

Each prospectus supplement for a series representing interests in a Trust


Estate that consists of Mortgage Loans will contain information, as of the
Cut-off Date and to the extent known to the Depositor, with respect to the
Mortgage Loans contained in the Trust Estate, including:

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o the number of Mortgage Loans;

o the geographic distribution of the Mortgage Loans;

o the aggregate principal balance of the Mortgage Loans;

o the types of dwelling constituting the mortgaged properties;

o the longest and shortest scheduled term to maturity;

o the maximum principal balance of the Mortgage Loans;

o the maximum loan-to-value ratio of the Mortgage Loans at origination


or other date specified in the related prospectus supplement;

o the maximum and minimum interest rates on the Mortgage Loans; and

o the aggregate principal balance of nonowner-occupied mortgaged


properties.

SINGLE FAMILY AND COOPERATIVE LOANS

Mortgage Loans will consist of mortgage loans, deeds of trust or


participations or other beneficial interests in those instruments, secured by
first liens on one- to four-family residential properties or other Mortgage
Loans specified in the related prospectus supplement. If so specified, the
Mortgage Loans may include cooperative loans secured by security interests in
stock, shares or membership certificates issued by private, nonprofit,
cooperative housing corporations, known as "COOPERATIVES," and in the related
proprietary leases or occupancy agreements granting exclusive rights to occupy
specific dwelling units in such Cooperatives' buildings. These loans may be
loans that are not insured or guaranteed by any governmental agency or loans
insured by the FHA or partially guaranteed by the VA, as specified in the
related prospectus supplement.

The mortgaged properties relating to single family mortgage loans will


consist of:

o detached or semi-detached one-family dwelling units;

o two- to four-family dwelling units;

o townhouses;

o rowhouses;

o individual condominium units, including condominium hotels, where


features of the property may include maid service, a front desk or
resident manager, rental pools and up to 20% of commercial space;

21

o individual units in planned unit developments; and

o certain other dwelling units.

The mortgaged properties may include:

o vacation homes;

o second homes;

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o investment properties;

o leasehold interests; and

o manufactured housing.

In the case of leasehold interests, the term of the leasehold will exceed
the scheduled maturity of the Mortgage Loan by at least five years. Certain
Mortgage Loans may be originated or acquired in connection with corporate
programs, including employee relocation programs. In limited instances, a
borrower who uses the dwelling unit as a primary residence may also make some
business use of the property.

SUBSTITUTION OF MORTGAGE LOANS

Substitution of Mortgage Loans will be permitted in the event of breaches


of representations and warranties relating to any original Mortgage Loan or if
the documentation relating to any Mortgage Loan is determined by the Trustee or
a custodian appointed by the Trustee to be incomplete. The period during which
the substitution will be permitted generally will be indicated in the related
prospectus supplement. The related prospectus supplement will describe any other
conditions upon which Mortgage Loans may be substituted for Mortgage Loans
initially included in the Trust Estate.

MORTGAGE CERTIFICATES

A Trust Estate that contains Mortgage Certificates will have either Ginnie
Mae Certificates, Freddie Mac Certificates, Fannie Mae Certificates, Private
Certificates or a combination of any of those types of Mortgage Certificates.
The Mortgage Certificates will be acquired by the Depositor from one or more
affiliated or unaffiliated sellers.

All of the Mortgage Certificates will be registered in the name of the


Trustee or its nominee or, in the case of Mortgage Certificates issued only in
book-entry form, a financial intermediary (which may be the Trustee) that is a
member of the Federal Reserve System or of a clearing corporation on the books
of which the security is held. Each Mortgage Certificate will evidence an
interest in a pool of mortgage loans and/or cooperative loans and/or in
principal distributions and interest distributions thereon.

The descriptions of Ginnie Mae, Freddie Mac and Fannie Mae Certificates
and of Private Certificates that are set forth below are descriptions of
certificates representing proportionate interests in a pool of mortgage loans
and in the payments of principal and interest from that pool. Ginnie Mae,
Freddie Mac, Fannie Mae or the issuer of a particular series of Private
Certificates may also issue mortgage-backed securities representing a right to
receive distributions of interest only or principal only or disproportionate
distributions of principal or interest, or to receive distributions of principal
and/or interest prior or subsequent to distributions on other certificates
representing interests in the same pool of mortgage loans. In addition, any
issuer may issue certificates representing interests in mortgage loans having
characteristics that are different from the types of mortgage loans described
below. The terms of any Mortgage Certificates that are included in a Trust
Estate (and of the underlying mortgage loans) will be described in the related
prospectus supplement, and the descriptions that follow are subject to
modification as appropriate to reflect the actual terms of those Mortgage
Certificates.

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GINNIE MAE

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Ginnie Mae is a wholly owned corporate instrumentality of the United


States within the Department of Housing and Urban Development ("HUD"). Section
306(g) of Title III of the National Housing Act of 1934, as amended (the
"HOUSING ACT"), authorizes Ginnie Mae to guarantee the timely payment of the
principal of and interest on certificates that are based on and backed by a pool
of loans ("FHA LOANS") insured or guaranteed by the United States Federal
Housing Administration (the "FHA") under the Housing Act or Title V of the
Housing Act of 1949, or by the United States Department of Veteran Affairs (the
"VA") under the Servicemen's Readjustment Act of 1944, as amended, or Chapter 37
of Title 38, United States Code or by pools of other eligible mortgage loans.

Section 306(g) of the Housing Act provides that "the full faith and credit
of the United States is pledged to the payment of all amounts which may be
required to be paid under any guaranty under this subsection." To meet its
obligations under its guaranties, Ginnie Mae is authorized, under Section 306(d)
of the Housing Act, to borrow from the United States Treasury with no
limitations as to amount.

GINNIE MAE CERTIFICATES

All of the Ginnie Mae Certificates (the "GINNIE MAE CERTIFICATES") will be
mortgage-backed certificates issued and serviced by Ginnie Mae- or Fannie
Mae-approved mortgage servicers. The mortgage loans underlying Ginnie Mae
Certificates may consist of FHA Loans secured by mortgages on one- to four
family residential properties or multifamily residential properties, loans
secured by mortgages on one- to four-family residential properties or
multifamily residential properties, mortgage loans which are partially
guaranteed by the VA and other mortgage loans eligible for inclusion in mortgage
pools underlying Ginnie Mae Certificates. At least 90% by original principal
amount of the mortgage loans underlying a Ginnie Mae Certificate will be
mortgage loans having maturities of 20 years or more.

Each Ginnie Mae Certificate provides for the payment by or on behalf of


the issuer of the Ginnie Mae Certificate to the registered holder of that Ginnie
Mae Certificate of monthly payments of principal and interest equal to the
registered holder's proportionate interest in the aggregate amount of the
monthly scheduled principal and interest payments on each underlying eligible
mortgage loan, less servicing and guaranty fees aggregating the excess of the
interest on each mortgage loan over the Ginnie Mae Certificate pass-through
rate. In addition, each payment to a holder of a Ginnie Mae Certificate will
include proportionate pass-through payments to that holder of any prepayments of
principal of the mortgage loan underlying the Ginnie Mae Certificate, and the
holder's proportionate interest in the remaining principal balance in the event
of a foreclosure or other disposition of the mortgage loan.

The Ginnie Mae Certificates included in a Trust Estate may be issued under
either or both of the Ginnie Mae I program ("GINNIE MAE I CERTIFICATES") and the
Ginnie Mae II program ("GINNIE MAE II CERTIFICATES"). All mortgages underlying a
particular Ginnie Mae I Certificate must have the same annual interest rate
(except for pools of mortgages secured by mobile homes). The annual interest
rate on each Ginnie Mae I Certificate is one-half percentage point less than the
annual interest rate on the mortgage loans included in the pool of mortgages
backing the Ginnie Mae I Certificate. Mortgages underlying a particular Ginnie
Mae II Certificate may have annual interest rates that vary from each other by
up to one percentage point. The annual interest rate on each Ginnie Mae II
Certificate will be between one-half percentage point and one and one-half
percentage points less than the highest annual interest rate on the mortgage
loans included in the pool of mortgages backing the Ginnie Mae II Certificate.

Ginnie Mae will have approved the issuance of each of the Ginnie Mae
Certificates in accordance with a guaranty agreement between Ginnie Mae and the
servicer of the mortgage loans underlying the Ginnie Mae Certificate. Pursuant
to this type of agreement, the servicer is required to advance its own funds to
make timely payments of all amounts due on the Ginnie Mae Certificate, even if
the payments received by the servicer on the mortgage loans backing the Ginnie
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Mae Certificate are less than the amounts due on the Ginnie Mae Certificate. If
a servicer is unable to make payments on a Ginnie Mae Certificate as it becomes
due, it must promptly notify Ginnie Mae and request Ginnie Mae to make the
payment. Upon notification and request, Ginnie Mae will make the payments
directly to the registered holder of the Ginnie Mae Certificate. If no payment
is made by the servicer and the servicer fails to notify and request Ginnie Mae
to make the payment, the registered holder of the Ginnie Mae Certificate has
recourse only against Ginnie Mae to obtain the payment. The registered holder of
the Ginnie Mae

23

Certificates included in a Trust Estate is entitled to proceed directly against


Ginnie Mae under the terms of each Ginnie Mae Certificate or the guaranty
agreement or contract relating to the Ginnie Mae Certificate for any amounts
that are not paid when due under each Ginnie Mae Certificate.

As described above, the Ginnie Mae Certificates included in a Trust


Estate, and the related underlying mortgage loans, may have characteristics and
terms different from those described above. Any different characteristics and
terms will be described in the related prospectus supplement.

FREDDIE MAC

Freddie Mac is a federally-chartered and stockholder-owned corporation


created pursuant to Title III of the Emergency Home Finance Act of 1970, as
amended (the "FREDDIE MAC ACT"). Freddie Mac was established primarily for the
purpose of increasing the availability of mortgage credit for the financing of
urgently needed housing. It seeks to provide an enhanced degree of liquidity for
residential mortgage investments primarily by assisting in the development of
secondary markets for mortgages. The principal activity of Freddie Mac currently
consists of the purchase of first lien residential mortgage loans or
participation interests in those mortgage loans and the resale of those mortgage
loans in the form of mortgage securities. Freddie Mac is confined to purchasing,
so far as practicable, mortgage loans and participation interests in mortgages
which it deems to be of the quality, type and class that meet generally the
purchase standards imposed by private institutional mortgage investors.

FREDDIE MAC CERTIFICATES

Freddie Mac Certificates ("FREDDIE MAC CERTIFICATES") represent an


undivided interest in a group of mortgage loans purchased by Freddie Mac.
Mortgage loans underlying the Freddie Mac Certificates included in a Trust
Estate will consist of fixed- or adjustable-rate mortgage loans with original
terms to maturity of from 10 to 30 years, all of which are secured by first
liens on one-to four-family residential properties or properties containing five
or more units and designed primarily for residential use.

Freddie Mac Certificates are issued and maintained and may be transferred
only on the book-entry system of a Federal Reserve Bank and may only be held of
record by entities eligible to maintain book-entry accounts at a Federal Reserve
Bank. Beneficial owners will hold Freddie Mac Certificates ordinarily through
one or more financial intermediaries. The rights of a beneficial owner of a
Freddie Mac Certificate against Freddie Mac or a Federal Reserve Bank may be
exercised only through the Federal Reserve Bank on whose book-entry system the
Freddie Mac Certificate is held.

Under its Cash and Guarantor Programs, Freddie Mac guarantees to each
registered holder of a Freddie Mac Certificate the timely payment of interest at
the rate provided for by the Freddie Mac Certificate on the registered holder's
pro rata share of the unpaid principal balance outstanding of the related
mortgage loans, whether or not received. Freddie Mac also guarantees to each
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registered holder of a Freddie Mac Certificate ultimate collection of all


principal of the related mortgage loans, without any offset or deduction, to the
extent of the holder's pro rata share thereof, but does not, except if specified
in the related prospectus supplement for a series of Certificates, guarantee the
timely payment of scheduled principal. Pursuant to its guarantees, Freddie Mac
indemnifies holders of Freddie Mac Certificates against any diminution in
principal by reason of charges for property repairs, maintenance and
foreclosure. Freddie Mac may remit the amount due on account of its guarantee of
ultimate collection of principal at any time after default on an underlying
mortgage loan, but not later than 30 days following (i) foreclosure sale, (ii)
payment of the claim by any mortgage insurer, or (iii) the expiration of any
right of redemption, whichever occurs later, but in any event no later than one
year after demand has been made upon the mortgagor for accelerated payment of
principal. In taking actions regarding the collection of principal after default
on the mortgage loans underlying Freddie Mac Certificates, including the timing
of demand for acceleration, Freddie Mac reserves the right to exercise its
servicing judgment with respect to the mortgages in the same manner as for
mortgages that it has purchased but not sold.

Under Freddie Mac's Cash Program, there is no limitation on the amount by


which interest rates on the mortgage loans underlying a Freddie Mac Certificate
may exceed the interest rate on the Freddie Mac Certificate. For Freddie Mac
Pools formed under Freddie Mac's Guarantor Program having pool numbers beginning
with 18-

24

012, the range between the lowest and highest annual interest rates on the
mortgage loans does not exceed two percentage points.

Under its Gold PC Program, Freddie Mac guarantees to each registered


holder of a Freddie Mac Certificate the timely payment of interest calculated in
the same manner as described above, as well as timely installments of scheduled
principal based on the difference between the pool factor published in the month
preceding the month of distribution and the pool factor published in the month
of distribution for the related Freddie Mac Certificate.

Freddie Mac Certificates are not guaranteed by the United States or by any
Federal Home Loan Bank and do not constitute debts or obligations of the United
States or any Federal Home Loan Bank. The obligations of Freddie Mac under its
guarantee are obligations solely of Freddie Mac and are not backed by, nor
entitled to, the full faith and credit of the United States.

As described above, the Freddie Mac Certificates included in a Trust


Estate, and the related underlying mortgage loans, may have characteristics and
terms different from those described above. Any different characteristics and
terms will be described in the related prospectus supplement.

FANNIE MAE

Fannie Mae is a federally-chartered and stockholder-owned corporation


organized and existing under the Federal National Mortgage Association Charter
Act, as amended. Fannie Mae was originally established in 1938 as a United
States government agency to provide supplemental liquidity to the mortgage
market and was transformed into a stockholder owned and privately managed
corporation by legislation enacted in 1968.

Fannie Mae provides funds to the mortgage market primarily by purchasing


home mortgage loans from local lenders, thereby replenishing their funds for
additional lending. Fannie Mae acquires funds to purchase home mortgage loans
from many capital market investors that may not ordinarily invest in mortgages,
thereby expanding the total amount of funds available for housing. Operating
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nationwide, Fannie Mae helps to redistribute mortgage funds from capital-surplus


to capital-short areas. In addition, Fannie Mae issues mortgage-backed
securities primarily in exchange for pools of mortgage loans from lenders.

FANNIE MAE CERTIFICATES

Fannie Mae Certificates ("FANNIE MAE CERTIFICATES") represent fractional


interests in a pool of mortgage loans formed by Fannie Mae.

Fannie Mae guarantees to each registered holder of a Fannie Mae


Certificate that it will distribute amounts representing scheduled principal and
interest at the applicable pass-through rate on the underlying mortgage loans,
whether or not received, and that holder's proportionate share of the full
principal amount of any foreclosed or other finally liquidated mortgage loan,
whether or not the principal amount is actually recovered. If Fannie Mae were
unable to perform these obligations, distributions on Fannie Mae Certificates
would consist solely of payments and other recoveries on the underlying mortgage
loans and, accordingly, delinquencies and defaults would affect monthly
distributions to holders of Fannie Mae Certificates. The obligations of Fannie
Mae under its guarantees are obligations solely of Fannie Mae and are not backed
by, nor entitled to, the full faith and credit of the United States.

As described above, the Fannie Mae Certificates included in a Trust


Estate, and the related underlying mortgage loans, may have characteristics and
terms different from those described above. Any different characteristics and
terms will be described in the related prospectus supplement.

PRIVATE CERTIFICATES

Private Certificates ("PRIVATE CERTIFICATES") may consist of (a) mortgage


pass-through certificates or participation certificates representing beneficial
interests in loans of the type that would otherwise be eligible to be Mortgage
Loans (the "UNDERLYING LOANS") or (b) collateralized mortgage obligations
secured by Underlying Loans. Private Certificates may include stripped
mortgage-backed securities representing an undivided interest in all or a

25

part of either the principal distributions (but not the interest distributions)
or the interest distributions (but not the principal distributions) or in some
portion of the principal and interest distributions (but not all of those
distributions) or certain mortgage loans. The Private Certificates will have
previously been (1) offered and distributed to the public pursuant to an
effective registration statement or (2) purchased in a transaction not involving
any public offering from a person who is not an affiliate of the issuer of those
securities at the time of sale (nor an affiliate thereof at any time during the
three preceding months); provided that a period of two years has elapsed since
the later of the date the securities were acquired from the issuer or one of its
affiliates. Although individual Underlying Loans may be insured or guaranteed by
the United States or an agency or instrumentality thereof, they need not be, and
the Private Certificates themselves will not be so insured or guaranteed. The
seller/servicer of the underlying mortgage loans will have entered into a
pooling and servicing agreement, an indenture or similar agreement (a "PC
AGREEMENT") with the trustee under that PC Agreement (the "PC TRUSTEE"). The PC
Trustee or its agent, or a custodian, will possess the mortgage loans underlying
those Private Certificates. The mortgage loans underlying the Private
Certificates may be subserviced by one or more loan servicing institutions under
the supervision of a master servicer (the "PC SERVICER").

The sponsor of the Private Certificates (the "PC SPONSOR") will be a


financial institution or other entity that is or has affiliates that are engaged
generally in the business of mortgage lending, a public agency or
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instrumentality of a state, local or federal government, or a limited purpose


corporation organized for the purpose of, among other things, establishing
trusts and acquiring and selling mortgage loans to those trusts and selling
beneficial interests in those trusts. The PC Sponsor may be an affiliate of the
Depositor. The obligations of the PC Sponsor will generally be limited to
certain representations and warranties with respect to the assets conveyed by it
to the related Trust. The PC Sponsor will not have guaranteed any of the assets
conveyed to the related Trust or any of the Private Certificates issued under
the PC Agreement. Additionally, although the mortgage loans underlying the
Private Certificates may be guaranteed by an agency or instrumentality of the
United States, the Private Certificates themselves will not be so guaranteed.

The Depositor will acquire Private Certificates in open market


transactions or in privately negotiated transactions which may be with or
through affiliates.

The prospectus supplement for a series for which the Trust Estate includes
Private Certificates will specify (this disclosure may be on an approximate
basis and will be as of the date specified in the related prospectus supplement)
to the extent relevant and to the extent the information is reasonably available
to the Depositor and the Depositor reasonably believes the information to be
reliable:

o the aggregate approximate principal amount and type of the Private


Certificates to be included in the Trust Estate;

o certain characteristics of the mortgage loans that comprise the


underlying assets for the Private Certificates including:

o the payment features of the underlying mortgage loans;

o the approximate aggregate principal balance, if known, of


underlying mortgage loans insured or guaranteed by a governmental
entity;

o the servicing fee or range of servicing fees with respect to the


underlying mortgage loans; and

o the minimum and maximum stated maturities of the underlying


mortgage loans at origination;

o the maximum original term-to-stated maturity of the Private


Certificates;

o the weighted average term-to-stated maturity of the Private


Certificates;

o the pass-through or certificate rate of the Private Certificates;

26

o the weighted average pass-through or certificate rate of the Private


Certificates;

o the PC Sponsor, the PC Trustee and the PC Servicer;

o certain characteristics of credit support, if any, such as reserve


funds, insurance policies, surety bonds, letters of credit or
guaranties relating to the mortgage loans underlying the Private
Certificates or to the Private Certificates themselves;

o the terms on which the underlying mortgage loans for the Private
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Certificates may, or are required to, be purchased prior to their


stated maturity or the stated maturity of the Private Certificates;
and

o the terms on which mortgage loans may be substituted for those


originally underlying the Private Certificates.

DISTRIBUTION ACCOUNT

The Trustee or other entity identified in the related prospectus


supplement will, as to each series of Certificates, establish and maintain an
account or accounts (collectively, the "DISTRIBUTION ACCOUNT") for the benefit
of the Trustee and holders of the Certificates of that series for receipt of:

o each distribution or monthly payment, as the case may be, made to the
Trustee with respect to the Mortgage Assets;

o the amount of cash, if any, specified in the related pooling and


servicing agreement to be initially deposited therein;

o the amount of cash, if any, withdrawn from any related reserve fund or
other fund; and

o the reinvestment income, if any.

The pooling and servicing agreement for a series may authorize the Trustee
to invest the funds in the Distribution Account in certain investments that will
qualify as "permitted investments" under Code Section 860G(a)(5) in the case of
REMIC Certificates. These eligible investments will generally mature not later
than the business day immediately preceding the next Distribution Date for the
series (or, in certain cases, on the Distribution Date). Eligible investments
include, among other investments, obligations of the United States and certain
of its agencies, federal funds, certificates of deposit, commercial paper
carrying the ratings specified in the related pooling and servicing agreement of
each rating agency rating the Certificates of that series that has rated the
commercial paper, demand and time deposits and banker's acceptances sold by
eligible commercial banks, certain repurchase agreements of United States
government securities and certain minimum reinvestment agreements. Reinvestment
earnings, if any, on funds in the Distribution Account generally will belong to
the Trustee.

DESCRIPTION OF CERTIFICATES

Each series of certificates (the "CERTIFICATES") will be issued pursuant


to a separate pooling and servicing agreement among the Depositor, the Sponsor
(if so provided in the related prospectus supplement), the Trustee (and, if
applicable, a securities administrator or other entity identified in the related
prospectus supplement) and a Master Servicer or one or more Servicers. A form of
pooling and servicing agreement is filed as an exhibit to the Registration
Statement of which this prospectus is a part. The following summaries describe
material provisions that may appear in each pooling and servicing agreement. The
prospectus supplement for a series of Certificates will describe any provision
of the related pooling and servicing agreement that materially differs from the
description contained in this prospectus. The summaries do not purport to be
complete and are subject to, and are qualified in their entirety by reference
to, all of the provisions of the pooling and servicing agreement and the
prospectus supplement related to a particular series of Certificates.

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GENERAL

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The Certificates are issuable in series, each evidencing the entire


ownership interest in a Trust Estate of assets consisting primarily of Mortgage
Assets. The Certificates of each series will be issued either in fully
registered form or in book-entry form and in the authorized denominations for
each class specified in the related prospectus supplement. The Certificates of
each series will evidence specified beneficial ownership interests in the
related Trust Estate created pursuant to the related pooling and servicing
agreement and will not be entitled to payments in respect of the assets included
in any other Trust Estate established by the Depositor. The Certificates will
not represent obligations of the Depositor, the Master Servicer, the Trustee or
any affiliate of those parties. Any qualifications on direct or indirect
ownership of Residual Certificates, as well as restrictions on the transfer of
Residual Certificates, will be set forth in the related prospectus supplement.

Each series of Certificates will be issued in one or more classes. Each


class of Certificates of a series will evidence beneficial ownership of a
specified percentage (which may be 0%) or portion of future interest payments
and a specified percentage (which may be 0%) or portion of future principal
payments on the Mortgage Assets in the related Trust Estate. A series of
Certificates may include one or more classes that are senior in right to payment
to one or more other classes of Certificates of that series. Certain series or
classes of Certificates may be covered by insurance policies, surety bonds or
other forms of credit enhancement, in each case as described in this prospectus
and in the related prospectus supplement. One or more classes of Certificates of
a series may be entitled to receive distributions of principal, interest or any
combination of principal and interest. Distributions on one or more classes of a
series of Certificates may be made:

o prior to one or more other classes;

o after the occurrence of specified events;

o in accordance with a schedule or formula;

o on the basis of collections from designated portions of the Mortgage


Assets in the related Trust Estate; or

o on a different basis;

in each case as specified in the related prospectus supplement. The timing and
amounts of distributions may vary among classes or over time as specified in the
related prospectus supplement.

DEFINITIVE FORM

Certificates of a series that are issued in fully-registered, certificated


form are referred to as "DEFINITIVE CERTIFICATES." Distributions of principal
of, and interest on, Definitive Certificates will be made directly to holders of
Definitive Certificates in accordance with the procedures set forth in the
pooling and servicing agreement. The Definitive Certificates of a series offered
by this prospectus and the applicable prospectus supplement will be transferable
and exchangeable at the office or agency maintained by the Trustee or other
entity for that purpose set forth in the applicable prospectus supplement. No
service charge will be made for any transfer or exchange of Definitive
Certificates, but the Trustee or another entity may require payment of a sum
sufficient to cover any tax or other governmental charges in connection with the
transfer or exchange.

In the event that an election or multiple elections are made to treat the
Trust Estate (or one or more segregated pools of assets of the Trust Estate) as
one or more REMICs, the Residual Certificate will be issued as a Definitive
Certificate. No legal or beneficial interest in all or any portion of any
"residual interest" may be transferred without the receipt by the transferor and
the Trustee of an affidavit signed by the transferee stating, among other
things, that the transferee (1) is not a disqualified organization within the
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meaning of Code Section 860E(e) or an agent (including a broker, nominee or


middleman) of a disqualified organization and (ii) understands that it may incur
tax liabilities in excess of any cash flows generated by the residual interest.
Further, the transferee must state in the affidavit that it (a) historically has
paid its debts as they have come due, (b) intends to pay its debts

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as they come due in the future and (c) intends to pay taxes associated with
holding the residual interest as they become due. The transferor must certify to
the Trustee that, as of the time of the transfer, it has no actual knowledge
that any of the statements made in the transferee affidavit are false and no
reason to know that the statements made by the transferee pursuant to clauses
(a), (b) and (c) of the preceding sentence are false. See "Federal Income Tax
Consequences--Federal Income Tax Consequences for REMIC Certificates--Taxation
of Residual Certificates----Tax--Related Restrictions on Transfer of Residual
Certificates."

BOOK-ENTRY FORM

Persons acquiring beneficial ownership interests ("BENEFICIAL OWNERS") in


the Certificates issued in book-entry form (the "BOOK-ENTRY CERTIFICATES") will
hold their Certificates through DTC in the United States, or Clearstream or
Euroclear (in Europe) if they are participants of those systems (the
"PARTICIPANTS"), or indirectly through organizations which are participants in
those systems (the "INDIRECT PARTICIPANTS"). Each class of the Book-Entry
Certificates of a series initially will be represented by one or more physical
certificates registered in the name of Cede & Co., as nominee of DTC, which will
be the "holder" or "Certificateholder" of those Certificates, as those terms are
used in this prospectus and the applicable prospectus supplement for a series.
No Beneficial Owner of a Book-Entry Certificate will be entitled to receive a
Definitive Certificate representing that person's interest in the Book-Entry
Certificate, except as set forth below. Unless and until Definitive Certificates
are issued under the limited circumstances described below, all references to
actions taken by Certificateholders or holders shall, in the case of the
Book-Entry Certificates, refer to actions taken by DTC upon instructions from
its DTC Participants, and all references in this prospectus and the applicable
prospectus supplement for a series to distributions, notices, reports and
statements to Certificateholders or holders shall, in the case of the Book-Entry
Certificates, refer to distributions, notices, reports and statements to DTC or
Cede & Co., as the registered holder of the Book-Entry Certificates, as the case
may be, for distribution to Beneficial Owners in accordance with DTC procedures.
Clearstream and Euroclear will hold omnibus positions on behalf of their
Participants through customers' securities accounts in Clearstream's and
Euroclear's names on the books of their respective depositaries which in turn
will hold those positions in customers' securities accounts in the depositaries'
names on the books of DTC. Citibank will act as depositary for Clearstream and
JPMorgan Chase Bank, National Association will act as depositary for Euroclear
(in those capacities, individually the "RELEVANT DEPOSITARY" and collectively
the "EUROPEAN DEPOSITARIES"). Investors may hold beneficial interests in the
Book-Entry Certificates in minimum denominations of $1,000.

The Beneficial Owner's ownership of a Book-Entry Certificate will be


recorded on the records of the brokerage firm, bank, thrift institution or other
financial intermediary (each, a "FINANCIAL INTERMEDIARY") that maintains the
beneficial owner's account for that purpose. In turn, the Financial
Intermediary's ownership of a Book-Entry Certificate will be recorded on the
records of DTC (or of a participating firm that acts as agent for the Financial
Intermediary, whose interest will in turn be recorded on the records of DTC, if
the beneficial owner's Financial Intermediary is not a DTC Participant, and on
the records of Clearstream or Euroclear, as appropriate).

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Beneficial Owners will receive all distributions of principal of, and


interest on, the Book-Entry Certificates from the Trustee through DTC and
Participants. While the Book-Entry Certificates are outstanding (except under
the circumstances described below), .under the rules, regulations and procedures
creating and affecting DTC and its operations (the "RULES"), DTC is required to
make book-entry transfers among Participants on whose behalf it acts with
respect to the Book-Entry Certificates and is required to receive and transmit
distributions of principal of, and interest on, the Book-Entry Certificates.
Participants and Indirect Participants with whom Beneficial Owners have accounts
for their Book-Entry Certificates are similarly required to make book-entry
transfers and receive and transmit these distributions on behalf of their
respective Beneficial Owners. Accordingly, although Beneficial Owners will not
possess certificates representing their respective interests in the Book-Entry
Certificates, the Rules provide a mechanism by which Beneficial Owners will
receive distributions and will be able to transfer their interest.

Certificateholders will not receive or be entitled to receive certificates


representing their respective interests in the Book-Entry Certificates, except
under the limited circumstances described below. Unless and until Definitive
Certificates are issued, Certificateholders who are not Participants may
transfer ownership of Book-Entry Certificates only through Participants and
Indirect Participants by instructing Participants and Indirect Participants to
transfer Book-Entry Certificates, by book-entry transfer, through DTC, for the
account of the purchasers of the

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Book-Entry Certificates, which account is maintained with their respective


Participants. Under the Rules and in accordance with DTC's normal procedures,
transfers of ownership of Book-Entry Certificates will be executed through DTC
and the accounts of the respective Participants at DTC will be debited and
credited. Similarly, the Participants and Indirect Participants will make debits
or credits, as the case may be, on their records on behalf of the selling and
purchasing Certificateholders.

Because of time zone differences, credits of securities received in


Clearstream or Euroclear as a result of a transaction with a Participant will be
made during subsequent securities settlement processing and dated the business
day following the DTC settlement date. These credits or any transactions in
securities settled during this processing will be reported to the relevant
Euroclear or Clearstream Participants on that following business day. Cash
received in Clearstream or Euroclear as a result of sales of securities by or
through a Clearstream Participant or Euroclear Participant to a DTC Participant
will be received with value on the DTC settlement date but will be available in
the relevant Clearstream or Euroclear cash account only as of the business day
following settlement in DTC. For information with respect to tax documentation
procedures relating to the Certificates see "--Certain U.S. Federal Income Tax
Documentation Requirements" below and "Federal Income Tax Consequences--Federal
Income Tax Consequences for REMIC Certificates--Taxation of Certain Foreign
Investors" and "--Backup Withholding."

Transfers between Participants will occur in accordance with the Rules.


Transfers between Clearstream Participants and Euroclear Participants will occur
in accordance with their respective rules and operating procedures.

Cross-market transfers between persons holding directly or indirectly


through DTC, on the one hand, and directly or indirectly through Clearstream
Participants or Euroclear Participants, on the other, will be effected in
accordance with the Rules on behalf of the relevant European international
clearing system by the Relevant Depositary; however, these cross-market
transfers will require delivery of instructions to the relevant European
international clearing system by the counterparty in the system in accordance
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with its rules and procedures and within established deadlines (European time).
The relevant European international clearing system will, if the transaction
meets its settlement requirements, deliver instructions to the Relevant
Depositary to take action to effect final settlement on its behalf by delivering
or receiving securities in DTC, and making or receiving payment in accordance
with normal procedures for same day funds settlement applicable to DTC.
Clearstream Participants and Euroclear Participants may not deliver instructions
directly to the European Depositaries.

DTC is a limited purpose trust company organized under the laws of the
State of New York, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code and a
"clearing agency" registered pursuant to Section 17A, of the Securities Exchange
Act of 1934, as amended. DTC performs services for its Participants, some of
which (and/or their representatives) own DTC. In accordance with its normal
procedures, DTC is expected to record the positions held by each DTC Participant
in the Book-Entry Certificates, whether held for its own account or as a nominee
for another person. In general, beneficial ownership of Book-Entry Certificates
will be subject to the Rules, as in effect from time to time.

Clearstream International, a Luxembourg limited liability company, was


formed in January 2000 through the merger of Cede & Co. International and
Deutsche Boerse Clearing.

Clearstream is registered as a bank in Luxembourg and is subject to


regulation by the Luxembourg Monetary Authority, which supervises Luxembourg
banks.

Clearstream holds securities for its Participants and facilitates the


clearance and settlement of securities transactions by electronic book-entry
transfers between their accounts. Clearstream provides various services,
including safekeeping, administration, clearance and settlement of
internationally traded securities and securities lending and borrowing.
Clearstream also deals with domestic securities markets in several countries
through established depository and custodial relationships. Clearstream has
established an electronic bridge with Euroclear Bank S.A./N.V. (which operates
Euroclear) as the Euroclear operator in Brussels to facilitate settlement of
trades between systems. Clearstream currently accepts over 200,000 securities
issues on its books.

Clearstream's customers are world-wide financial institutions including


underwriters, securities brokers and dealers, banks, trust companies and
clearing corporations. Clearstream's United States customers are limited to
securities brokers and dealers and banks. Currently, Clearstream has
approximately 2,500 customers located in over

30

80 countries, including all major European countries, Canada and the United
States. Indirect access to Clearstream is available to other institutions which
clear through or maintain custodial relationship with an account holder of
Clearstream.

The Euroclear System was created in 1968 to hold securities for its
Participants and to clear and settle transactions between Euroclear Participants
through simultaneous electronic book-entry delivery against payment, thereby
eliminating the need for physical movement of certificates and any risk from
lack of simultaneous transfers of securities and cash. Transactions may be
settled in a variety of currencies, including United States dollars. Euroclear
provides various other services, including securities lending and borrowing and
interfaces with domestic markets in several countries generally similar to the
arrangements for cross-market transfers with DTC described above. Euroclear is
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operated by Euroclear Bank S.A./N.V. (the "EUROCLEAR OPERATOR"). All operations


are conducted by the Euroclear Operator, and all Euroclear securities clearance
accounts and Euroclear cash accounts are accounts with the Euroclear Operator.
Euroclear plc establishes policy for Euroclear on behalf of Euroclear
Participants. Euroclear Participants include banks (including central banks),
securities brokers and dealers and other professional financial intermediaries.
Indirect access to Euroclear is also available to other firms that clear through
or maintain a custodial relationship with a Euroclear Participant, either
directly or indirectly.

Securities clearance accounts and cash accounts with the Euroclear


Operator are governed by the Terms and Conditions Governing Use of Euroclear and
the related Operating Procedures of the Euroclear System and applicable Belgian
law. These terms and conditions govern transfers of securities and cash within
Euroclear, withdrawals of securities and cash from Euroclear, and receipts of
payments with respect to securities in Euroclear. All securities in Euroclear
are held on a fungible basis without attribution of specific certificates to
specific securities clearance accounts. The Euroclear Operator acts under the
terms and conditions of Euroclear only on behalf of Euroclear Participants, and
has no record of or relationship with persons holding through Euroclear
Participants.

Distributions on the Book-Entry Certificates will be made on each


Distribution Date by the Trustee to Cede & Co., as nominee of DTC. DTC will be
responsible for crediting the amount of these distributions to the accounts of
the applicable DTC Participants in accordance with DTC `s normal procedures.
Each DTC Participant will be responsible for disbursing these distributions to
the Beneficial Owners of the Book-Entry Certificates that it represents and to
each Financial Intermediary for which it acts as agent. Each Financial
Intermediary will be responsible for disbursing funds to the Beneficial Owners
of the Book-Entry Certificates that it represents.

Under a book-entry format, Beneficial Owners of the Book-Entry


Certificates may experience some delay in their receipt of payments, since
payments will be forwarded by the Trustee to Cede & Co. Distributions with
respect to Certificates held through Clearstream or Euroclear will be credited
to the cash accounts of Clearstream Participants or Euroclear Participants in
accordance with the relevant system's rules and procedures, to the extent
received by the Relevant Depositary. These distributions will be subject to tax
reporting in accordance with relevant United States tax laws and regulations.
See "Federal Income Tax Consequences--Federal Income Tax Consequences for REMIC
Certificates--Taxation of Certain Foreign Investors" and "--Backup Withholding."
Because DTC can only act on behalf of DTC Participants, the ability of a
Beneficial Owner to pledge Book-Entry Certificates to persons or entities that
do not participate in the depository system, or otherwise take actions regarding
their Book-Entry Certificates, may be limited due to the lack of physical
certificates for their Book-Entry Certificates. In addition, issuance of the
Book-Entry Certificates in book-entry form may reduce the liquidity of the
Book-Entry Certificates in the secondary market since certain potential
investors may be unwilling to purchase Certificates for which they cannot obtain
physical certificates.

DTC has advised the Depositor that, unless and until Definitive
Certificates are issued, DTC will take any action the holders of the Book-Entry
Certificates are permitted to take under the pooling and servicing agreement
only at the direction of one or more DTC Participants to whose DTC accounts the
Book-Entry Certificates are credited, to the extent that these actions are taken
on behalf of Financial Intermediaries whose holdings include the Book-Entry
Certificates. Clearstream or the Euroclear Operator, as the case may be, will
take any other action permitted to be taken by a Certificateholder under the
pooling and servicing agreement on behalf of a Clearstream Participant or
Euroclear Participant only in accordance with its relevant rules and procedures
and subject to the ability of the Relevant Depositary to effect these actions on
its behalf through DTC. DTC may take actions, at the

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direction of the related Participants, with respect to some Book-Entry


Certificates which conflict with actions taken with respect to other Book-Entry
Certificates.

Definitive Certificates will be issued to beneficial owners of the


Book-Entry Certificates, or their nominees, rather than to DTC, only if (a) DTC
advises the Trustee in writing that DTC is no longer willing, qualified or able
to discharge properly its responsibilities as nominee and depository with
respect to the Book-Entry Certificates and the Depositor or the Trustee is
unable to locate a qualified successor or (b) in the case of Certificates of a
series that receive distributions pursuant to request or random lot, if pro rata
distributions cannot be made through the facilities of DTC.

Upon the occurrence of any event described in the immediately preceding


paragraph, the Trustee will be required to notify the applicable beneficial
owners of the occurrence of the event and the availability through DTC of
Definitive Certificates. Upon surrender by DTC of the global certificate or
certificates representing the Book-Entry Certificates and instructions for
re-registration, the Trustee will issue Definitive Certificates, and thereafter
the Trustee will recognize the holders of those Definitive Certificates as
Certificateholders under the pooling and servicing agreement.

Although DTC, Clearstream and Euroclear have agreed to the foregoing


procedures in order to facilitate transfers of Book-Entry Certificates among
participants of DTC, Clearstream and Euroclear, they are under no obligation to
perform or continue to perform these procedures and these procedures may be
discontinued at any time.

None of the Depositor, the Master Servicer, any Servicers or the Trustee
will have any responsibility for any aspect of the records relating to or
payments made on account of beneficial ownership interests of the Book-Entry
Certificates held by Cede & Co., as nominee for DTC, or for maintaining,
supervising or reviewing any records relating to those beneficial ownership
interests. In the event of the insolvency of DTC, a DTC Participant or an
Indirect DTC Participant in whose name Book-Entry Certificates are registered,
the ability of the Beneficial Owners of the Book-Entry Certificates to obtain
timely payment and, if the limits of applicable insurance coverage by the
Securities Investor Protection Corporation are exceeded or if the coverage is
otherwise unavailable, ultimate payment, of amounts distributable with respect
to the Book-Entry Certificates may be impaired.

SECONDARY MARKET TRADING

Since the purchaser determines the place of delivery, it is important to


establish at the time of the trade where both the purchaser's and seller's
accounts are located to ensure that settlement can be made on the desired value
date.

Trading between DTC Participants. Secondary market trading between DTC


Participants will be settled using the procedures applicable to prior mortgage
loan asset backed certificates issues in same-day funds.

Trading; between Clearstream and/or Euroclear Participants. Secondary


market trading between Clearstream Participants or Euroclear Participants will
be settled using the procedures applicable to conventional eurobonds in same-day
funds.

Trading between DTC seller and Clearstream or Euroclear purchaser. When


Book-Entry Certificates are to be transferred from the account of a DTC
Participant to the account of a Clearstream Participant or a Euroclear
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Participant, the purchaser will send instructions to Clearstream or Euroclear


through a Clearstream Participant or Euroclear Participant at least one business
day prior to settlement. Clearstream or Euroclear will instruct the respective
Depositary, as the case may be, to receive the Book-Entry Certificates against
payment. Payment will include interest accrued on the Book-Entry Certificates
from and including the last coupon payment date to and excluding the settlement
date, on the basis of either a 360-day year comprised of 30-day months or the
actual number of days in the accrual period and a year assumed to consist of 360
days, as applicable. For transactions settling on the 31st of the month, payment
will include interest accrued to and excluding the first day of the following
month. Payment will then be made by the respective Depositary of the DTC
Participant's account against delivery of the Book-Entry Certificates. After
settlement has been completed, the Book-Entry Certificates will be

32

credited to the respective clearing system and by the clearing system, in


accordance with its usual procedures, to the Clearstream Participant's or
Euroclear Participant's account. The securities credit will appear the next day
(European time) and the cash debt will be back-valued to, and the interest on
the Book-Entry Certificates will accrue from, the value date (which would be the
preceding day when settlement occurred in New York). If settlement is not
completed on the intended value date (i.e., the trade fails), the Clearstream or
Euroclear cash debt will be valued instead as of the actual settlement date.

Clearstream Participants and Euroclear Participants will need to make


available to the respective clearing systems the funds necessary to process
same-day funds settlement. The most direct means of doing so is to preposition
funds for settlement, either from cash on hand or existing lines of credit, as
they would for any settlement occurring within Clearstream or Euroclear. Under
this approach, they may take on credit exposure to Clearstream or Euroclear
until the Book-Entry Certificates are credited to their accounts one day later.

As an alternative, if Clearstream or Euroclear has extended a line of


credit to them, Clearstream Participants or Euroclear Participants can elect not
to preposition funds and allow that credit line to be drawn upon the finance
settlement. Under this procedure, Clearstream Participants or Euroclear
Participants purchasing Book-Entry Certificates would incur overdraft charges
for one day, assuming they cleared the overdraft when the Book-Entry
Certificates were credited to their accounts. However, interest on the
Book-Entry Certificates would accrue from the value date. Therefore, in many
cases the investment income on the Book-Entry Certificates earned during that
one-day period may substantially reduce or offset the amount of the overdraft
charges, although this result will depend on each Clearstream Participant's or
Euroclear Participant's particular cost of funds.

Since the settlement is taking place during New York business hours, DTC
Participants can employ their usual procedures for sending Book-Entry
Certificates to the respective European Depositary for the benefit of
Clearstream Participants or Euroclear Participants. The sale proceeds will be
available to the DTC seller on the settlement date. Thus, to the DTC
Participants a cross-market transaction will settle no differently than a trade
between two DTC Participants.

Trading between Clearstream or Euroclear Seller and DTC Purchaser. Due to


time zone differences in their favor, Clearstream Participants and Euroclear
Participants may employ their customary procedures for transactions in which
Book-Entry Certificates are to be transferred by the respective clearing system,
through the respective Depositary, to a DTC Participant. The seller will send
instructions to Clearstream or Euroclear through a Clearstream Participant or
Euroclear Participant at least one business day prior to settlement. In these
cases Clearstream or Euroclear will instruct the respective Depositary, as
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appropriate, to deliver the Book-Entry Certificates to the DTC Participant's


account against payment. Payment will include interest accrued on the Book-Entry
Certificates from and including the last coupon payment to and excluding the
settlement date on the basis of either a 360-day year comprised of 30-day months
or the actual number of days in the accrual period and a year assumed to consist
of 360 days, as applicable. For transactions settling on the 31st of the month,
payment will include interest accrued to and excluding the first day of the
following month. The payment will then be reflected in the account of the
Clearstream Participant or Euroclear Participant the following day, and receipt
of the cash proceeds in the Clearstream Participant's or Euroclear Participant's
account would be back-valued to the value date (which would be the preceding
day, when settlement occurred in New York). Should the Clearstream Participant
or Euroclear Participant have a line of credit with its respective clearing
system and elect to be in debt in anticipation of receipt of the sale proceeds
in its account, the back-valuation will extinguish any overdraft incurred over
that one-day period. If settlement is not completed on the intended value date
(i, e., the trade fails), receipt of the cash proceeds in the Clearstream
Participant's or Euroclear Participant's account would instead be valued as of
the actual settlement date.

Finally, day traders that use Clearstream or Euroclear and that purchase
Book-Entry Certificates from DTC Participants for delivery to Clearstream
Participants or Euroclear Participants should note that these trades would
automatically fail on the sale side unless affirmative action were taken. At
least three techniques should be readily available to eliminate this potential
problem:

(a) borrowing through Clearstream or Euroclear for one day (until


the purchase side of the day trade is reflected in their Clearstream or
Euroclear accounts) in accordance with the clearing system's customary
procedures;

33

(b) borrowing the Book-Entry Certificates in the U.S. from a DTC


Participant no later than one day prior to settlement, which would give
the Book-Entry Certificates sufficient time to be reflected in their
Clearstream or Euroclear account in order to settle the sale side of the
trade; or

(c) staggering the value dates for the buy and sell sides of the
trade so that the value date for the purchase from the DTC Participant is
at least one day prior to the value date for the sale to the Clearstream
Participant or Euroclear Participant.

Certain U.S. Federal Income Tax Documentation Requirements. A Beneficial


Owner of Book-Entry Certificates that is not a U.S. Person within the meaning of
Code Section 7701(a)(30) holding a Book-Entry Certificate through Clearstream,
Euroclear or DTC may be subject to U.S. withholding tax unless it provides
certain documentation to the Trustee, a Paying Agent or any other entity
required to withhold tax establishing an exemption from withholding.

In addition, all holders, including holders that are U.S. Persons, holding
Book-Entry Certificates through Clearstream, Euroclear or DTC may be subject to
backup withholding unless the holder provides appropriate documentation or
otherwise qualifies for an exemption. See "Federal Income Tax Consequences"
herein, and in particular "--Taxation of Certain Foreign Investors."

Prospective investors should be aware, however, that this discussion and


the discussions referenced herein do not deal with all of the aspects of U.S.
federal income tax withholding or backup withholding that may be relevant to
investors. Prospective investors are advised to consult their own tax advisors
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for specific tax advice concerning their holding and disposing of Book-Entry
Certificates. Each certificateholder is encouraged to consult its tax advisors
regarding the tax documentation and certifications that must be provided to
secure the exemption from United States withholding taxes.

DISTRIBUTIONS

Distributions of principal of and interest on the Certificates of a series


will be made on the dates specified in the related prospectus supplement (each,
a "DISTRIBUTION DATE"), and allocated to the classes in the amounts and in the
order specified, in the related prospectus supplement. Distributions will be
made by wire transfer (in the case of Certificates that are of a certain minimum
denomination, as specified in the related prospectus supplement) or by check
mailed to record holders of those Certificates as of the related record date at
their addresses appearing on the certificate register, except that the Trustee
will make the final distribution of principal only upon presentation and
surrender of each Certificate at the office or agency of the Trustee or a paying
agent specified in the related prospectus supplement. Notice will be mailed
before the Distribution Date on which the final distribution is expected to be
made to the holder of a Certificate. If the Certificates of a series are issued
in book-entry form, the Trustee will make distributions on those Certificates,
including the final distribution in retirement of those Certificates, through
the facilities of a depository in accordance with the depository's usual
procedures in the manner described in the related prospectus supplement.

The Trustee will distribute principal of and interest on the Certificates


out of the Distribution Account established under the pooling and servicing
agreement. All distributions on the Mortgage Certificates, if any, included in
the Trust Estate for a series, remittances on the Mortgage Loans by the Master
Servicer pursuant to the pooling and servicing agreement, together with any
reinvestment income (if so specified in the related prospectus supplement) from
those funds, and amounts withdrawn from any reserve fund or other fund or
payments in respect of other credit enhancement are required to be deposited
directly into the Distribution Account. These funds will be available (except
for funds held for future distribution and for funds payable to the Master
Servicer) to make distributions on Certificates of that series on the next
Distribution Date. See "The Trust Estates--Distribution Account" and "The
Pooling and Servicing Agreement--Payments on Mortgage Loans."

INTEREST

Interest will accrue on the aggregate certificate principal balance (or,


in the case of IO Certificates, the aggregate notional amount) of each class of
Certificates entitled to interest at the pass-through rate (which may be a

34

fixed rate or a rate adjustable as specified in the prospectus supplement)


during each interest accrual period specified in the related prospectus
supplement. The interest accrual period with respect to any Distribution Date is
the period from and including the first day of the month preceding the month of
that Distribution Date (or, in the case of the first Distribution Date, from the
closing date for the series of Certificates) through the last day of the
preceding month, or any other period as may be specified in the related
prospectus supplement. If funds are available for distribution, the Trustee will
distribute interest accrued during each interest accrual period on each class of
Certificates entitled to interest (other than a class of Certificates that
provides for interest that accrues, but is not currently payable on the
Distribution Dates specified in the related prospectus supplement until the
class certificate balance of that class is reduced to zero or, in the case of
Certificates entitled only to distributions allocable to interest, until the
aggregate notional amount of those Certificates is reduced to zero or for the
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period of time designated in the related prospectus supplement. The notional


amount of a Notional Amount Certificate will not evidence an interest in or
entitlement to distributions allocable to principal but will be used solely for
convenience in expressing the calculation of interest and for certain other
purposes.

The Trustee will begin distributing interest on each class of Accrual


Certificates only after the occurrence of the events specified in the related
prospectus supplement and, prior to that time, interest will be added to the
class certificate balance of each class of Accrual Certificates. Any class of
Accrual Certificates then will accrue interest on its outstanding class
certificate balance as adjusted. For a description of Accrual Certificates, see
"--Categories of Classes of Certificates."

PRINCIPAL

The class certificate balance of any class of Certificates entitled to


distributions of principal will be the original class certificate balance of
that class of Certificates specified in the prospectus supplement, reduced by
all distributions reported to holders of the Certificates as allocable to
principal and adjustments, if any, in respect of losses and (i) in the case of
Accrual Certificates, increased by all interest accrued but not then
distributable on those Accrual Certificates and (ii) in the case of
adjustable-rate Certificates, subject to the effect of any negative
amortization. The related prospectus supplement will specify the method by which
the amount of principal to be distributed on the Certificates on each
Distribution Date will be calculated and the manner in which that amount will be
allocated among the classes of Certificates entitled to distributions of
principal.

Each class of Certificates of a series (except for IO Certificates), to


the extent of funds available for distribution, will receive distributions of
principal in the amounts, at the times and in the manner specified in the
related prospectus supplement until its initial aggregate certificate balance
has been reduced to zero. The Trustee will allocate distributions of principal
to the Certificates of each class, during the periods and in the order specified
in the related prospectus supplement.

CATEGORIES OF CLASSES OF CERTIFICATES

In general, the classes of Certificates of each series fall into different


categories. The following chart identifies and generally defines certain of the
more typical categories. The prospectus supplement for a series of Certificates
may identify the classes of that series by reference to the following
categories.

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PRINCIPAL TYPES

CATEGORIES OF CLASSES DEFINITIONS


----------------------------------------------- ----------------------------------------------------

ACCRETION DIRECTED CERTIFICATES A class of Certificates that receives principal


payments from amounts that otherwise would be
distributed as interest on specified Accrual
Certificates. These principal payments may be in
lieu of or in addition to principal payments from
principal receipts on the Mortgage Assets or other
assets of the Trust Estate for the related series.

COMPANION CERTIFICATES OR SUPPORT CERTIFICATES A class of Certificates that receives principal


payments on a Distribution Date only if scheduled
payments have been made on specified Planned
Amortization Certificates, Targeted Amortization
Certificates and/or Scheduled Amortization

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Certificates.

COMPONENT CERTIFICATES A class of Certificates consisting of two or more


specified components, as described in the applicable
prospectus supplement. The components of a class of
Component Certificates may have different principal
and/or interest payment characteristics but together
constitute a single class and do not represent
several interests. Each component of a class of
Component Certificates may be identified as falling
into one or more of the categories in this chart.

LOCKOUT CERTIFICATES A class of Senior Certificates that is locked out of


or is designed not to participate in or to
participate to a limited extent in, for a specified
period, the receipt of (1) principal prepayments on
the Mortgage Loans that are allocated
disproportionately to the classes of Senior
Certificates of the series as a group under a
"shifting interest" structure and/or (2) scheduled
principal payments on the Mortgage Loans that are
allocated to the classes of Senior Certificates of
the series as a group. A class of Lockout
Certificates typically will not receive
distributions of principal prepayments and/or
scheduled principal payments, as applicable, for a
period of several years, during which time all or a
portion of the principal payments that it would
otherwise receive in the absence of a "lockout"
structure will be distributed in reduction of the
principal balances of other Senior Certificates.
Lockout Certificates are designed to minimize their
weighted average life volatility during the lockout
period.

NOTIONAL AMOUNT CERTIFICATES A class of Certificates having no principal balance


and bearing interest on a notional amount. The
notional amount is a hypothetical amount used for
calculating interest distributions.

PASS-THROUGH CERTIFICATES A class of Senior Certificates that receives a


specified percentage of the principal payments that
are distributable to the Senior Certificates or a
group of Senior Certificates, other than any Ratio
Strip Certificates, in the aggregate on a
Distribution Date and that is not a class of
Sequential Pay Certificates.

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PLANNED AMORTIZATION CERTIFICATES OR PAC A class of Certificates that is designed to receive


CERTIFICATES principal payments (or has a notional amount that is
based on the class balance(s) of one or more classes
of Certificates that are designed to receive
principal payments) using a predetermined principal
balance schedule derived by assuming two constant
prepayment rates for the underlying Mortgage Assets.
These two rates are the endpoints for the
"structuring range" for the class of Planned
Amortization Certificates. The Planned Amortization
Certificates in any series may be subdivided into
different categories such as Planned Amortization
Certificates I or PAC I Certificates, Planned
Amortization Certificates II or PAC II Certificates
and so forth which are derived using different
structuring ranges. A class of PAC Certificates is
designed to provide protection against prepayments
occurring at a constant rate within the structuring
range.

RATIO STRIP CERTIFICATES A class of Certificates that receives a constant


proportion, or "ratio strip," of the principal
payments on some or all of the Mortgage Assets.

SCHEDULED AMORTIZATION CERTIFICATES A class of Certificates that is designed to receive


principal payments (or has a notional amount that is
based on the class balance(s) of one or more classes
of Certificates that are designed to receive
principal payments) using a predetermined principal
balance schedule but is not designated as a class of
Planned Amortization Certificates or Targeted
Amortization Certificates. The schedule is derived
by assuming either two constant prepayment rates or
a single constant prepayment rate for the Mortgage
Assets. In the case of two constant rates, these two
rates are the endpoints for the "structuring range"
for the class of Scheduled Amortization Certificates
and the range generally is narrower than that for a

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class of Planned Amortization Certificates.
Typically, the Support Certificates for the
applicable series of Certificates generally will
represent a smaller percentage of a class of
Scheduled Amortization Certificates than the Support
Certificates generally would represent in relation
to a Planned Amortization Certificate or a Targeted
Amortization Certificate. A Scheduled Amortization
Certificate generally is less sensitive to
prepayments than a Support Certificate, but is more
sensitive than a class of Planned Amortization
Certificates or Targeted Amortization Certificates.

SENIOR CERTIFICATES A class of Certificates that is entitled to receive


payments of principal and interest on each
Distribution Date prior to the classes of
Subordinate Certificates.

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SEQUENTIAL PAY CERTIFICATES A class of Certificates that receives principal


payments in a prescribed sequence, that does not
have a predetermined principal balance schedule and
that, in most cases, is entitled to receive payments
of principal continuously from the first
Distribution Date on which they receive principal
until they are retired. A class of Sequential Pay
Certificates may receive payments of principal
concurrently with one or more other classes of
Sequential Pay Certificates. A single class that is
entitled to receive principal payments before or
after all other classes in the same series of
Certificates may be identified as a Sequential Pay
Certificate.

SUBORDINATE CERTIFICATES A class of Certificates that receives payments of


principal and interest on each Distribution Date
only after the Senior Certificates and classes of
Subordinate Certificates with higher priority of
distributions have received their full principal and
interest entitlements.

SUPER SENIOR CERTIFICATES A class of Senior Certificates that will not bear
its share of certain losses, after the Subordinate
Certificates are no longer outstanding, for so long
as one or more specified classes of Senior
Certificates are outstanding.

SUPER SENIOR SUPPORT CERTIFICATES A class of Senior Certificates that bears certain
losses that otherwise would have been allocated to a
class of Super Senior Certificates.

TARGETED AMORTIZATION CERTIFICATES OR TAC A class of Certificates that receives principal


CERTIFICATES payments (or has a notional amount that is based on
the class balance(s) of one or more classes of
Certificates that are designed to receive principal
payments) using a predetermined principal balance
schedule derived by assuming a single constant
prepayment rate for the Mortgage Assets. A class of
TAC Certificates is designed to provide some
protection against prepayments at a rate exceeding
the assumed constant prepayment used to derive the
principal balance schedule for that class.

INTEREST TYPES

Categories of Classes DEFINITIONS


----------------------------------------------- ----------------------------------------------------

ACCRUAL CERTIFICATES A class of Certificates that accretes the amount of


accrued interest otherwise distributable on the
class, which amount will be added to the principal
balance of the class on each applicable Distribution
Date. The accretion may continue until some
specified event has occurred or until the class of
Accrual Certificates is retired.

FIXED-RATE CERTIFICATES A class of Certificates with an interest rate that


is fixed throughout the life of the class.

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FLOATING-RATE CERTIFICATES A class of Certificates with an interest rate that


resets periodically based upon a designated index
and that varies directly with changes in the index.

INTEREST-ONLY CERTIFICATES OR IO CERTIFICATES A class of Certificates that receives some or all of


the interest payments made on the Mortgage Assets
and little or no principal. Interest-Only
Certificates have either a nominal principal balance
or a notional amount. A nominal principal balance
represents actual principal that will be paid on the
Certificates. It is referred to as nominal since it
is extremely small compared to other classes. A
notional amount is an amount used as a reference to
calculate the amount of interest due on a class of
Interest-Only Certificates that is not entitled to
any distributions in respect of principal.

INVERSE FLOATING-RATE CERTIFICATES A class with an interest rate that resets


periodically based upon a designated index and that
varies inversely with changes in the index. The
interest rate for a class of Inverse Floating-Rate
Certificates typically will vary inversely with
changes in the interest rate on a class of
Floating-Rate Certificates in the same series.

PRINCIPAL-ONLY CERTIFICATES OR PO CERTIFICATES A class of Certificates that does not bear interest
and is entitled to receive only distributions in
respect of principal.

STEP COUPON CERTIFICATES A class of Certificates with a fixed interest rate


that is reduced to a lower fixed rate after a
specified period of time. The difference between the
initial interest rate and the lower interest rate
will be supported by a reserve fund established on
the closing date for that series of Certificates.

VARIABLE RATE CERTIFICATES A class of Certificates with an interest rate that


resets periodically and is calculated by reference
to the rate or rates of interest applicable to the
Mortgage Assets or another class or classes of
Certificates..

RESIDUAL CERTIFICATES

A series of REMIC Certificates will include a class of Residual


Certificates representing the right to receive on each Distribution Date, in
addition to any other distributions to which they may be entitled, the excess of
the sum of distributions, payments and other amounts received over the sum of
(i) the amount required to be distributed to certificateholders on that
Distribution Date and (ii) certain expenses, all as more specifically described
in the related prospectus supplement. In addition, after the aggregate principal
balance of all classes of Regular Certificates has been fully amortized, holders
of the Residual Certificates will be the sole owners of the related Trust Estate
and will have sole rights with respect to the Mortgage Assets and other assets
remaining in the Trust Estate. Some or all of the Residual Certificates of a
series may be offered by this prospectus and the related prospectus supplement;
if so, the terms of those Residual Certificates will be described in the
prospectus supplement. Any qualifications on direct or indirect ownership of
Residual Certificates offered by this prospectus and the related prospectus
supplement, as well as restrictions on the transfer of those Residual
Certificates, will be set forth in the related prospectus supplement. If
Residual Certificates are not so offered, the Depositor may (but need not) sell
some or all of the Residual Certificates on or after the date of original
issuance of that series in transactions exempt from registration under the
Securities Act of 1933, as amended, and otherwise under circumstances that will
not adversely affect the REMIC status of the Trust Estate.

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MANDATORY AUCTION OF CERTIFICATES

If specified in the prospectus supplement for a series, one or more


classes of Certificates ("AUCTION CERTIFICATES") may be subject to a mandatory
auction. Prior to a Distribution Date specified in the applicable prospectus
supplement (the "AUCTION DISTRIBUTION DATE"), the Trustee or another party
specified in the prospectus supplement, in its capacity as auction administrator
(the "AUCTION ADMINISTRATOR"), will solicit bids for the purchase of each class
of Auction Certificates then outstanding from third-party investors.

On the Auction Distribution Date, the Auction Certificates will be


transferred to third-party investors, and upon this transfer the holders of each
class of Auction Certificates will be entitled to receive an amount (the "PAR
PRICE") equal to the related class balance, plus, if applicable, accrued
interest on that class balance (following all distributions and the allocation
of Realized Losses on the Auction Distribution Date.

The Auction Administrator will enter into a swap agreement pursuant to


which the counterparty will agree to pay the excess, if any, of the Par Price
over the amounts received for a class of Auction Certificates in the auction. If
all or a portion of a class of Auction Certificates is not sold in the auction,
the counterparty will pay the Auction Administrator the Par Price (or a portion
of the Par Price) of the unsold Certificates. If the amount received in the
auction is greater than the Par Price, that excess will be paid by the Trust to
the counterparty to the swap agreement and will not be available for
distribution to Certificateholders.

If the counterparty defaults on its obligations under the swap agreement,


no Certificates of a class of Auction Certificates will be transferred to third
parties unless bids equal to or higher than the applicable Par Price (or pro
rata portion in the case of a bid for less than all of a class) are received. In
addition, if the counterparty defaults and third-party investors bid an amount
equal to or higher than the pro rata portion of the Par Price for some, but not
all, of a class of Auction Certificates, only a portion of the Certificates of
such class will be transferred to the successful bidders on the Auction
Distribution Date. If only a portion of a class is transferred, each holder of
such class will transfer only a pro rata portion of its Certificates on the
Auction Distribution Date.

See "Risk Factors--Amounts Received from the Auction and the Swap
Agreement May Be Insufficient to Assure Completion of the Auction" in this
prospectus.

EXCHANGEABLE CERTIFICATES

General. If specified in a prospectus supplement for a series, one or more


classes of Certificates may be "EXCHANGEABLE CERTIFICATES." In any of these
series, the holders of one or more of the classes of Exchangeable Certificates
will be entitled, after notice and payment to the Trustee or other entity
identified in the related prospectus supplement of an administrative fee, to
exchange all or a portion of those classes of Exchangeable Certificates for
proportionate interests in one or more other specified classes of Exchangeable
Certificates in the same series.

If a series includes Exchangeable Certificates, all of these classes of


Exchangeable Certificates will be listed in the related prospectus supplement.
The classes of Certificates that are exchangeable for one another will be
referred to in the related prospectus supplement as "RELATED" to each other, and
each related grouping of Exchangeable Certificates will be referred to as a
"COMBINATION." Each Combination of Exchangeable Certificates will be issued by
the related Trust. The classes of Exchangeable Certificates constituting each
Combination will, in the aggregate, represent a distinct combination of
uncertificated interests in the related Trust. At any time after its initial
issuance, any class of Exchangeable Certificates may be exchanged for the
Related class or classes of Exchangeable Certificates. In some cases, multiple
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classes of Exchangeable Certificates may be exchanged for one or more classes of


Related Exchangeable Certificates.

The descriptions in the related prospectus supplement of the Certificates


of a series that includes Exchangeable Certificates, including descriptions of
principal and interest distributions, registration and denominations of
Certificates, credit enhancement, prepayment and yield considerations, tax and
legal investment considerations and ERISA considerations, also will apply to
each class of Exchangeable Certificates. The related prospectus supplement will
separately describe the prepayment and yield considerations applicable to, and
the risks

40

of investment in, each class of Exchangeable Certificates. For example, separate


decrement tables and yield tables, if applicable, will be included for each
class of Exchangeable Certificates.

Exchanges. If a holder of Exchangeable Certificates elects to exchange its


Exchangeable Certificates for Related Exchangeable Certificates, then:

o the aggregate principal balance of the related Exchangeable Certificates


received in the exchange, immediately after the exchange, will equal the
aggregate principal balance, immediately prior to the exchange, of the
Exchangeable Certificates so exchanged (for purposes of an exchange,
Interest-Only Certificates will have a principal balance of zero);

o the aggregate amount of interest payable on each Distribution Date with


respect to the Related Exchangeable Certificates received in the exchange
will equal the aggregate amount of interest payable on each Distribution
Date with respect to the Exchangeable Certificates so exchanged; and

o the class or classes of Exchangeable Certificates will be exchanged in the


applicable proportions, if any, described in the related prospectus
supplement.

Different types of Combinations may exist. Any individual series of


Certificates may have multiple types of Combinations. Some examples of
Combinations of Exchangeable Certificates that differ in their interest
characteristics include:

o Floating-Rate Certificates and Inverse Floating-Rate Certificates that are


Exchangeable Certificates may be exchangeable, together, for Related
Fixed-Rate Certificates. In such a Combination, the Floating-Rate
Certificates and Inverse Floating-Rate Certificates would produce, in the
aggregate, an annual interest amount equal to that generated by the
Related Fixed-Rate Certificates. In addition, the aggregate class balance
of a class of Floating-Rate Certificates and a class of Inverse
Floating-Rate Certificates would equal the aggregate class balance of the
Related Fixed-Rate Certificates.

o Interest-Only Certificates and Principal-Only Certificates that are


Exchangeable Certificates may be exchangeable, together, for Related
Exchangeable Certificates that are entitled to both principal and interest
payments. In such a Combination, the class balance of the class of Related
Exchangeable Certificates would be equal to the class balance of the class
of Principal-Only Certificates, and the interest rate on the class of
Related Exchangeable Certificates, when applied to the class balance of
this Related class, would generate interest equal to the annual interest
amount of the Interest-Only Certificates.

o Two classes of Fixed-Rate Certificates with different interest rates may


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be exchangeable, together, for a single class of Related Exchangeable


Certificates with a fixed interest rate. In such a Combination, the class
balance of the single class of Related Exchangeable Certificates would be
equal to the aggregate class balance of the two classes of Exchangeable
Certificates, and the single class of Related Exchangeable Certificates
would have a fixed interest rate that, when applied to the aggregate class
balance of the two classes of Exchangeable Certificates, would generate
interest equal to the aggregate annual interest amount of the two classes
of Exchangeable Certificates.

In some series, a Certificateholder may be able to exchange its


Exchangeable Certificates for other Related Exchangeable Certificates that have
different principal payment characteristics. Some examples of Combinations of
Exchangeable Certificates that have different principal payment characteristics
include:

o A class of Exchangeable Certificates that is a class of Accrual


Certificates, and a second class of Exchangeable Certificates that is a
class of Accretion Directed Certificates and receives all of the interest
accrued on the class of Accrual Certificates for so long as the Accrual
Certificates are accreting, may be exchangeable, together, for a single
class of Related Exchangeable Certificates that receives payments of
interest continuously from the first Distribution Date on which it
receives interest until it is retired.

o A class of Exchangeable Certificates that is a class of PAC, Scheduled


Amortization or TAC Certificates, and a class of Exchangeable Certificates
that is a class of Companion Certificates, may be exchangeable,

41

together, for a class of Related Exchangeable Certificates that receives


principal payments without regard to the amortization schedule for the
class of PAC, Scheduled Amortization or TAC Certificates from the first
Distribution Date on which it receives principal until it is retired.

A number of factors may limit the ability of a holder of Exchangeable


Certificates to effect an exchange. For example, the Certificateholder must own,
at the time of the proposed exchange, the class or classes of Exchangeable
Certificates necessary to make the exchange in the necessary proportions. If a
Certificateholder does not own the necessary classes of Exchangeable
Certificates or does not own the necessary classes of Exchangeable Certificates
in the proper proportions, the Certificateholder may not be able to obtain the
desired classes of Exchangeable Certificates. The Certificateholder desiring to
make the exchange may not be able to purchase the necessary class of
Exchangeable Certificates from the then-current owner at a reasonable price, or
the necessary proportion of the needed class of Exchangeable Certificates may no
longer be available due to principal payments or prepayments that have been
applied to that class of Exchangeable Certificates.

Procedures. The related prospectus supplement will describe the procedures


that must be followed to make an exchange of Exchangeable Certificates. A
Certificateholder will be required to provide notice to the Trustee or such
other entity identified in the related prospectus supplement prior to the
proposed exchange date within the time period specified in the related
prospectus supplement. The notice must include the outstanding principal balance
or notional amount of the Exchangeable Certificates to be exchanged and the
Related Exchangeable Certificates to be received, and the proposed exchange
date. When the Trustee or such other entity identified in the related prospectus
supplement receives this notice, it will provide instructions to the
Certificateholder regarding delivery of the Exchangeable Certificates and
payment of the administrative fee. A Certificateholder's notice to the Trustee
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or such other entity identified in the related prospectus supplement will become
irrevocable on the second day prior to the proposed exchange date specified in
the related prospectus supplement. Any Exchangeable Certificates that are
Book-Entry Certificates will be subject to DTC's Rules.

If the related prospectus supplement describes exchange proportions for a


Combination of classes of Exchangeable Certificates, these proportions will be
based on the original, rather than the outstanding, principal balances or
notional amounts of these classes.

Distributions on an Exchangeable Certificate received in an exchange will


be made as described in the related prospectus supplement. Distributions will be
made to the applicable Certificateholder of record as of the applicable record
date.

REPORTS TO CERTIFICATEHOLDERS

Prior to or concurrently with each distribution on a Distribution Date and


except as otherwise set forth in the related prospectus supplement, the Master
Servicer or the Trustee will make available to each Certificateholder of record
of the related series a statement setting forth, if applicable to that series of
Certificates, among other things:

(i) the amount of the distribution allocable to principal of the


related Mortgage Loans, separately identifying the aggregate amount of any
principal prepayments, and Liquidation Proceeds and the amount of the
distribution allocable to interest on the related Mortgage Loans;

(ii) if the distribution to Certificateholders is less than the


full amount that would be distributable if there were sufficient funds
available, the amount of the shortfall and the allocation of the shortfall
between principal and interest;

(iii) the class balance of each class of Certificates after giving


effect to the distribution of principal on the Distribution Date;

(iv) the amount of servicing compensation with respect to the


related Trust Estate and any other customary information as is required to
enable Certificateholders to prepare their tax returns;

42

(v) the amount by which the Servicing Fee or Master Servicing


Fee, as applicable, for the related Distribution Date has been reduced by
interest shortfalls due to prepayments;

(vi) the amount of Advances included in the distribution on the


Distribution Date, the aggregate amount of Advances outstanding as of the
close of business on the Distribution Date and the amount of Advances
reimbursed since the previous Distribution Date;

(vii) to each holder of a Certificate entitled to the benefits of


payments under any form of credit enhancement;

(a) the amounts so distributed under the form of credit


enhancement on the applicable Distribution Date; and

(b) the amount of coverage remaining under the form of


credit enhancement, after giving effect to any payments thereunder
and other amounts charged thereto on the Distribution Date;

(viii) any payments made or accrued relating to credit enhancement


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provided by a party, identifying the general purpose of the payments and


the party receiving the payments.;

(ix) the Pass-Through Rate (if any) for each class of


Certificates;

(x) for any Mortgage Loan that became and REO Property during
the preceding calendar month, the loan number and Stated Principal Balance
of the Mortgage Loan as of the close of business on the Determination Date
preceding the Distribution Date and the date of acquisition thereof;

(xi) the total number and principal balance of any REO Properties
(and market value, if available) as of the close of business on the
Determination Date preceding the Distribution Date;

(xii) the aggregate amount of Realized Losses incurred during the


preceding calendar month;

(xiii) any expenses or indemnification amounts paid by the related


Trust Estate, the specific purpose of each payment and the parties to whom
these payments are made;

(xiv) the number and total principal balance of the Mortgage


Loans, the weighted average mortgage interest rate and weighted average
remaining term to maturity of the Mortgage Loans and cumulative prepayment
amounts;

(xv) any material modifications, extensions or waivers to


Mortgage Loan terms, fees, penalties or payments since the previous
Distribution Date or cumulatively since the closing date for that series
of Certificates;

(xvi) any material breaches of representations and warranties


relating to the Mortgage Loans or material breaches of transaction
covenants;

(xvii) the number and aggregate principal balance of any Mortgage


Loans repurchased by the Depositor from the related Trust Estate since the
previous Distribution Date; and

(xviii) the number and aggregate principal amounts of Mortgage Loans


(A) delinquent (exclusive of Mortgage Loans in foreclosure or bankruptcy),
(B) in foreclosure, as of the close of business on the last day of the
calendar month preceding the Distribution Date and (C) in bankruptcy as of
the close of business on the last day of the calendar month preceding the
Distribution Date.

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Where applicable, any amount set forth above may be expressed as a dollar
amount per single Certificate of the relevant class specified in the related
prospectus supplement. The report to certificateholders for any series of
Certificates may include additional or other information of a similar nature to
that specified above.

In addition, within a reasonable period of time after the end of each


calendar year, the Master Servicer or the Trustee will mail to each
certificateholder of record at any time during that calendar year a report:

o as to the aggregate of amounts reported pursuant to clauses (i) and


(ii) for that calendar year or, if a person was a certificateholder of
record during a portion of that calendar year, for the applicable
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portion of that year; and

o other customary information as is necessary or desirable for


certificateholders to prepare their tax returns.

CREDIT ENHANCEMENT

GENERAL

Credit enhancement may be provided with respect to one or more classes of


a series of Certificates or with respect to the Mortgage Assets in the related
Trust Estate. Credit enhancement may be only in the form of any one or more of
the following:

o subordination;

o limited guarantee;

o financial guaranty insurance policy or surety bond;

o letter of credit;

o mortgage pool insurance policy;

o special hazard insurance policy;

o mortgagor bankruptcy bond;

o reserve fund;

o cross-collateralization;

o overcollateralization;

o excess interest;

o cash flow agreements;

o fraud waiver; or

o FHA insurance or a VA guarantee.

If losses occur which exceed the amount covered by credit enhancement or which
are not covered by the credit enhancement, certificateholders will bear their
allocable share of any deficiencies.

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If specified in the related prospectus supplement, the coverage provided


by one or more forms of credit enhancement may apply concurrently to two or more
related Trust Estates. If applicable, the related prospectus supplement will
identify the Trust Estates to which the credit enhancement relates and the
manner of determining the amount of the coverage provided thereby and of the
application of the coverage to the identified Trust Estates.

The applicable prospectus supplement will describe the material terms of


such credit enhancement, including any limits on the timing or amount of such
credit enhancement or any conditions that must be met before such credit
enhancement may be accessed. If the provider of the credit enhancement is liable
or contingently liable to provide payments representing 10% or more of the cash
flow supporting any offered class of Certificates, the applicable prospectus
supplement will disclose the name of the provider, the organizational form of
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the provider, the general character of the business of the provider and
financial information required by Item 1114(b)(2) of Regulation AB (17 C.F.R.
ss. 229.1114). Copies of the limited guarantee, financial guaranty insurance
policy, surety bond, letter of credit, pool insurance policy, mortgagor
bankruptcy bond, special hazard insurance policy or Cash Flow Agreement, if any,
relating to a series of Certificates will be filed with the SEC as an exhibit to
a Current Report on Form 8-K.

SUBORDINATION

If so specified in the related prospectus supplement, the rights of


holders of one or more classes of subordinate Certificates will be subordinate
to the rights of holders of one or more classes of senior Certificates of that
series to distributions in respect of scheduled principal, principal
prepayments, interest or any combination thereof that otherwise would have been
payable to holders of subordinate Certificates under the circumstances and to
the extent specified in the related prospectus supplement. If so specified in
the related prospectus supplement, certain classes of subordinate Certificates
may be senior to other classes of Subordinate Certificates and be rated
investment grade. If specified in the related prospectus supplement, delays in
receipt of scheduled payments on the Mortgage Assets and certain losses with
respect to the Mortgage Assets will be borne first by the various classes of
subordinate Certificates and thereafter by the various classes of senior
Certificates, in each case under the circumstances and subject to the
limitations specified in the related prospectus supplement. The aggregate
distributions in respect of delinquent payments on the Mortgage Assets over the
lives of the Certificates or at any time, the aggregate losses in respect of
Mortgage Assets which must be borne by the subordinate Certificates because of
subordination and the amount of distributions otherwise distributable to
subordinate certificateholders that will be distributable to senior
certificateholders on any Distribution Date may be limited as specified in the
related prospectus supplement. If aggregate distributions in respect of
delinquent payments on the Mortgage Assets or aggregate losses in respect of the
Mortgage Assets were to exceed the amount specified in the related prospectus
supplement, senior certificateholders would experience losses on their
Certificates.

If specified in the related prospectus supplement, various classes of


senior certificates and subordinate Certificates may themselves be subordinate
in their right to receive certain distributions to other classes of senior
Certificates and subordinate Certificates through a cross-collateralization
mechanism or otherwise.

As between classes of senior Certificates and as between classes of


subordinate Certificates, distributions may be allocated among those classes:

o in the order of their scheduled final distribution dates;

o in accordance with a schedule or formula;

o in relation to the occurrence of events; or

o otherwise, as specified in the related prospectus supplement.

LIMITED GUARANTEE

If specified in the prospectus supplement for a series of Certificates,


credit enhancement may be provided in the form of a limited guarantee issued by
a guarantor named in that prospectus supplement. The limited

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guarantee may cover deficiencies in amounts otherwise payable on some or all of


the Certificates of a series. The limited guarantee may cover timely
distributions of interest or full distributions of principal or both on the
basis of a schedule of principal distributions set forth in or determined in the
manner specified in the related prospectus supplement. The limited guarantee may
provide additional protection against losses on the Mortgage Loans included in a
Trust Estate, provide payment of administrative expenses, or establish a minimum
reinvestment rate on the payments made on the Mortgage Loans or principal
payment rate on the Mortgage Loans. A limited guarantee will be limited in
amount to the dollar amount or percentage of the principal balance of the
Mortgage Loans or Certificates specified in the applicable prospectus
supplement.

FINANCIAL GUARANTY INSURANCE POLICY OR SURETY BOND

If specified in the prospectus supplement for a series of Certificates,


credit enhancement may be provided in the form of a financial guaranty insurance
policy or a surety bond issued by one or more insurers named in that prospectus
supplement. The financial guarantee insurance policy will guarantee, with
respect to one or more classes of Certificates of the related series, timely
distributions of interest and ultimate distributions of principal at the dates
set forth in or determined in the manner specified in the prospectus supplement.
If specified in the prospectus supplement, the financial guaranty insurance
policy will also guarantee against any payment made to a Certificateholder that
is subsequently recovered as a preferential transfer under the Bankruptcy Code.

LETTER OF CREDIT

If specified in the prospectus supplement for a series of Certificates,


credit enhancement may be provided by a letter of credit issued by a bank or
other financial institution specified in the applicable prospectus supplement.
Under the letter of credit, the provider will be obligated to pay up to an
aggregate fixed dollar amount, net of previous drawings on the letter, equal to
the percentage specified in the prospectus supplement of the unpaid principal
balance of the Mortgage Loans or of one or more classes of Certificates. If
specified in the prospectus supplement, the letter of credit may permit drawings
in the event of losses not covered by insurance policies or other credit
support, such as losses arising from damage not covered by standard hazard
insurance policies, losses resulting from the bankruptcy of a borrower and the
application of certain provisions of the Bankruptcy Code, or losses resulting
from the denial of insurance coverage due to misrepresentations in connection
with the origination of a Mortgage Loan. The amount available under the letter
of credit will, in all cases, be reduced to the extent of the unreimbursed
payments previously paid. The obligations of the provider under the letter of
credit for each series of Certificates will expire at the earlier of the date
specified in the prospectus supplement or the termination of the Trust.

MORTGAGE POOL INSURANCE POLICY

If specified in the prospectus supplement relating to a series of


Certificates, credit enhancement may be provided by a mortgage pool insurance
policy for the Mortgage Loans in the related Trust Estate. Each mortgage pool
insurance policy, in accordance with the limitations described in this
prospectus and in the prospectus supplement, if any, will cover any loss by
reason of default on a Mortgage Loan in an amount equal to a percentage
specified in the applicable prospectus supplement of the unpaid principal
balance of the Mortgage Loans. As described under "The Pooling and Servicing
Agreement--Primary Mortgage Insurance," the Master Servicer generally will be
required to use its best efforts to maintain the mortgage pool insurance policy
and to present claims to the pool insurer. The mortgage pool insurance policies,
however, are not blanket policies against loss, since claims may only be made
respecting particular defaulted mortgage loans and only upon satisfaction of
specified conditions precedent described below. The mortgage pool insurance
policies will generally not cover losses due to a failure to pay or denial of a
claim under a primary mortgage insurance policy, regardless of the reason for
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nonpayment.

As more specifically provided in the related prospectus supplement, each


mortgage pool insurance policy will provide for conditions under which claims
may be presented and covered under the policy. Upon satisfaction of these
conditions, the pool insurer will have the option either (a) to purchase the
property securing the defaulted Mortgage Loan at a price equal to its unpaid
principal balance plus accrued and unpaid interest at the applicable mortgage
interest rate to the date of purchase plus certain Advances, or (b) to pay the
amount by which the sum of the unpaid principal balance of the defaulted
Mortgage Loan plus accrued and unpaid interest at the mortgage

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interest rate to the date of payment of the claim plus certain Advances
exceeds the proceeds received from an approved sale of the Mortgaged Property,
in either case net of certain amounts paid or assumed to have been paid under
any related primary mortgage insurance policy.

Certificateholders may experience a shortfall in the amount of interest


payable on the related Certificates in connection with the payment of claims
under a mortgage pool insurance policy because the pool insurer is only required
to remit unpaid interest through the date a claim is paid rather than through
the end of the month in which the claim is paid. In addition, Certificateholders
may also experience losses with respect to the related Certificates in
connection with payments made under a mortgage pool insurance policy to the
extent that the related Servicer expends funds to cover unpaid real estate taxes
or to repair the related Mortgaged Property in order to make a claim under a
mortgage pool insurance policy, as those amounts will not be covered by payments
under the policy and will be reimbursable to the related Servicer from funds
otherwise payable to the Certificateholders. If any Mortgaged Property securing
a defaulted Mortgage Loan is damaged and proceeds, if any, from the related
hazard insurance policy or applicable special hazard insurance policy are
insufficient to restore the damaged property to a condition sufficient to permit
recovery under the mortgage pool insurance policy, a Servicer will generally not
be required to expend its own funds to restore the damaged property unless it
determines that (a) restoration will increase the proceeds to one or more
classes of Certificates on liquidation of the Mortgage Loan after reimbursement
of the related Servicer for its expenses and (b) the expenses will be
recoverable by it through Liquidation Proceeds or insurance proceeds.

A mortgage pool insurance policy and some primary mortgage insurance


policies will generally not insure against loss sustained by reason of a default
arising from, among other things, fraud or negligence in the origination or
servicing of a Mortgage Loan, including misrepresentation by the mortgagor, the
seller, or other persons involved in the origination or the Mortgage Loan,
failure to construct a Mortgaged Property in accordance with plans and
specifications, or bankruptcy, unless, as specified in the related prospectus
supplement, an endorsement to the mortgage pool insurance policy provides for
insurance against that type of loss.

The original amount of coverage under each mortgage pool insurance policy
will be reduced over the life of the related series of Certificates by the
aggregate amount of claims paid, less the aggregate of the net amounts realized
by the pool insurer upon disposition of all foreclosed properties. The amount of
claims paid includes some expenses incurred by the related Servicer or Master
Servicer as well as accrued interest on delinquent Mortgage Loans to the date of
payment of the claim. Accordingly, if aggregate net claims paid under any
mortgage pool insurance policy reach the original policy limit, coverage under
that mortgage pool insurance policy will be exhausted and any further losses
will be borne by the related Certificates, to the extent not covered by other
credit enhancement.
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SPECIAL HAZARD INSURANCE POLICY

Any insurance policy covering special hazard losses obtained for a Trust
will be issued by the insurer named in the related prospectus supplement. Each
special hazard insurance policy will be subject to limitations described in this
paragraph and in the related prospectus supplement, if any, and will protect the
related Certificateholders from special hazard losses. Aggregate claims under a
special hazard insurance policy will be limited to the amount set forth in the
related pooling and servicing agreement and will be subject to reduction as
described in the related pooling and servicing agreement. A special hazard
insurance policy will provide that no claim may be paid unless hazard insurance
and, if applicable, flood insurance on the Mortgaged Property securing the
Mortgage Loan has been kept in force and other protection and preservation
expenses have been paid by the related Servicer or Master Servicer, as the case
may be.

In accordance with the foregoing limitations, a special hazard insurance


policy will provide that, where there has been damage to the Mortgaged Property
securing a foreclosed Mortgage Loan, title to which has been acquired by the
insured, and to the extent the damage is not covered by the hazard insurance
policy or flood insurance policy, if any, maintained by the mortgagor or the
related Servicer or Master Servicer, as the case may be, the insurer will pay
the lesser of (i) the cost of repair or replacement of the related Mortgaged
Property or (ii) upon transfer of the property to the insurer, the unpaid
principal balance of the Mortgage Loan at the time of acquisition of the related
property by foreclosure or deed in lieu of foreclosure, plus accrued interest at
the mortgage interest

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rate to the date of claim settlement and certain expenses incurred by the
related Servicer or the Master Servicer, as the case may be, with respect to the
related Mortgaged Property.

If the Mortgaged Property is transferred to a third party in a sale


approved by the special hazard insurer, the amount that the special hazard
insurer will pay will be the amount under (ii) above, reduced by the net
proceeds of the sale of the Mortgaged Property. If the unpaid principal balance
plus accrued interest and certain Advances is paid by the special hazard
insurer, the amount of further coverage under the related special hazard
insurance policy will be reduced by that amount, less any net proceeds from the
sale of the Mortgaged Property. Any amount paid as the cost of repair of the
property will further reduce coverage by that amount. Restoration of the
property with the proceeds described under (i) above will satisfy the condition
under any mortgage pool insurance policy that the property be restored before a
claim under the policy may be validly presented with respect to the defaulted
Mortgage Loan secured by the related Mortgaged Property. The payment described
under (ii) above will render presentation of a claim relating to a Mortgage Loan
under the related mortgage pool insurance policy unnecessary. Therefore, so long
as a mortgage pool insurance policy remains in effect, the payment by the
insurer under a special hazard mortgage insurance policy of the cost of repair
or of the unpaid principal balance of the related Mortgage Loan plus accrued
interest and certain Advances will not affect the total insurance proceeds paid
to Certificateholders, but will affect the relative amounts of coverage
remaining under the related special hazard insurance policy and mortgage pool
insurance policy.

MORTGAGOR BANKRUPTCY BOND

If specified in the related prospectus supplement, a bankruptcy bond to


cover losses resulting from proceedings under the federal Bankruptcy Code with
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respect to a Mortgage Loan will be issued by an insurer named in the prospectus


supplement. Each bankruptcy bond will cover, to the extent specified in the
related prospectus supplement, certain losses resulting from a reduction by the
court of scheduled payments of principal and interest on a Mortgage Loan or a
reduction by the court of the unpaid principal balance of a Mortgage Loan and
will cover certain unpaid interest on the amount of the principal reduction from
the date of the filing of a bankruptcy petition. The required amount of coverage
under each bankruptcy bond will be set forth in the prospectus supplement.

RESERVE FUND

If specified in the applicable prospectus supplement, credit enhancement


with respect to a series of Certificates may be provided by the establishment of
one or more reserve funds for the series. Any reserve fund for a series may be
funded (i) by a deposit of cash, U.S. Treasury securities or instruments
evidencing entitlements to principal or interest payments, letters of credit,
demand notes, certificates of deposit or a combination of these in the aggregate
amount specified in the applicable prospectus supplement or (ii) by the deposit
from time to time of certain amounts received on or in respect of the related
Mortgage Loans, as specified in the applicabl