FILED: KINGS COUNTY CLERK 03/31/ /22/ :19 02:18 AM PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 03/31/2015

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1 FILED: KINGS COUNTY CLERK 03/31/ /22/ :19 02:18 AM PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 03/31/ /22/2015 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS STATE OF NEW YORK MORTGAGE AGENCY, -vs- Plaintiff, Index No.: /2015 NOTICE OF APPEARANCE AND LIMITED WAIVER RICHARD A. RUIZ, CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, MANUFACTURERS AND TRADERS TRUST COMPANY, SUSTAINABLE NEIGHBORHOODS, LLC, BOARD OF DIRECTORS OF NEHEMIAH PLAN HOMES, MIDLAND FUNDING LLC APO HSBC NEVADA NA, CITY OF NEW YORK DEPARTMENT OF FINANCE PARKING VIOLATIONS BUREAU, JOHN DOE (said name being fictitious, it being the intention of plaintiff to 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. PLEASE TAKE NOTICE that MANUFACTURERS AND TRADERS TRUST COMPANY ("M&T Bank"), hereby appears in this action by its attorney, William J. Mariani, II, Esq. M&T Bank hereby waives service of all papers and notices of proceedings in this action, except: judgment of foreclosure and sale (signed), notice of sale, referee's report of sale, notice of surplus monies, and any stipulation of discontinuance, which papers shall be served upon M&T Bank's attorney at the address set forth below. If applicable, M&T Bank also reserves its right, pursuant to Real Property Actions and Proceedings Law 1351(3), to seek a provision in the judgment of foreclosure and sale directing payment to M&T Bank directly from any sale proceeds. Dated: Buffalo, New York March 31, 2015

2 /s/william J. Mariani, II William J. Mariani, II, Esq. Attorney for Manufacturers and Traders Trust Company One M&T Plaza, 12th Floor Buffalo, New York (716) To: Ryan E. Hertzel, Esq. Schiller & Knapp, LLP 950 New Loudon Road Latham, NY 12110

3 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS STATE OF NEW YORK MORTGAGE AGENCY, -vs- Plaintiff, RICHARD A. RUIZ, CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, MANUFACTURERS AND TRADERS TRUST COMPANY, SUSTAINABLE NEIGHBORHOODS, LLC, BOARD OF DIRECTORS OF NEHEMIAH PLAN HOMES, MIDLAND FUNDING LLC APO HSBC NEVADA NA, CITY OF NEW YORK DEPARTMENT OF FINANCE PARKING VIOLATIONS BUREAU, Index No.: /2015 AFFIDAVIT OF SERVICE BY NYSCEF ELECTRONIC FILING SYSTEM JOHN DOE (said name being fictitious, it being the intention of plaintiff to 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. STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: William J. Mariani, II, being duly sworn, deposes and says: 1. I am not a party to the above action, am over 18 years of age, and reside in Hamburg, New York. 2. On March 31, 2015, I served a true copy of the within Notice of Appearance and Limited Waiver via the NYSCEF electronic filing system upon:

4 Ryan E. Hertzel, Esq. Schiller & Knapp, LLP 950 New Loudon Road Latham, NY /s/william J. Mariani, II William J. Mariani, II Sworn to before me this 31 st day of March, /s/ Susan L. Irving Notary Public My Commission Expires: 3/16/17

5 FILED: KINGS COUNTY CLERK 06/30/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2015

FILED: KINGS COUNTY CLERK 03/13/2015 02:20 PM INDEX NO. 501233/2015 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/13/2015 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF KINGS STATE OF NEV/ YORK MORTGAGE AGENCY, -against - RICHARD A.

9 FILED: KINGS COUNTY CLERK 03/13/ :20 PM INDEX NO /2015 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/13/2015 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF KINGS STATE OF NEV/ YORK MORTGAGE AGENCY, -against - RICHARD A. RUIZ, ET AL., Plaintiff, Defendants. X X NOTICE OF APPEARANCE AND CLAIM TO SURPLUS MONIES, AND DEMAND FOR SURPLUS MONIES PURSUANT RPAPL 1351 Index No /15e PLEASE TAKE NOTICE, that The City of New York (the "City"), on behalf of the defendant named herein as City of New York Department of Housing Preservation and Development, hereby appears in the above entitled action and waives service of all papers and notice of all proceedings in said action, except amended pleadings, notices of settlement of judgments and orders, notices of entry of judgments and orders, notices of application for discontinuance of the action, referee reports, and all surplus money proceedings. PLEASE TAKE FURTHER NOTICE, that the City hereby makes a claim to any surplus monies that may arise out of any foreclosure sale of the foreclosed premises which is the subject of this action, or so much of said surplus as will satisfy any and all sums owing to the City, including but not limited to principal, interest, late charges, court costs, any and all advances and payments on account of superior mortgages and liens, if there be any, and specifically, as to the lien arising by virtue of the mortgage between Richard A. Ruiz, as mortgagor, and the City, as mortgagee, in the original principal sum of $20,000.00, dated February 24,2000, recorded May 23,2000, in Reel 4880, Page 0578 in the office of the City Register, Kings County ("City Mortgage"), that the City Mortgage is lien against the premises known as 529 Alabama Avenue, Brooklyn, New York, and designated on the Tax Map of the City of New

York, for the Borough of Brooklyn, as Block 03820, Lot 0103, which is the premises under foreclosure ("Premises"), and that the City Mortgage is next in priority after the mortgage foreclosed herein

10 York, for the Borough of Brooklyn, as Block 03820, Lot 0103, which is the premises under foreclosure ("Premises"), and that the City Mortgage is next in priority after the mortgage foreclosed herein by plaintiff and is a lien upon any surplus monies' NOTICE OF INTENTION TO MAKE APPLICATION PURSUANT TO RE,AL PROPERTY ACTIONS PROCEEDINGS LAW S ) PLEASE TAKE FURTHER NOTICE, that the City, pursuant to Real Property Actions and Proceedings Law ("RPAPL") $ 1351, shall, at the time of the application for a judgment of foreclosure and sale, move this Court for an order directing the referee appointed in said judgment of foreclosure and sale to pay over to the City, in accordance with RPAPL $ 1354(3), from the proceeds of sale, any surplus monies remaining in reduction of the indebtedness due and owing to the City with respect to the City Mortgage, including but not limited to principal, interest, late charges, court costs, and all advances and payments on account of superior mortgages and liens, if any, and all other charges affecting the Premises, Dated: New York, New York March 11,2015 ZACHARY W. CARTER Corporation Counsel of the City of New York Attorney for The City of New York 100 Church Street, Room New York, New York (2t s6-2s23 By: Ross Senior Counsel Rt'l+

zuchard A. RUIZ, ET AL., Defendants. NOTICE OF APPEARANCE AND CLAIMTO SURPLUS MONIES ZACHARY T,T.

11 Index No e SUPREME COURT OF THE STATE OF NEW YORK COI,]NTY OF KINGS STATE OF NEW YORK MORTGAGE AGENCY, -against - Plaintiff, zuchard A. RUIZ, ET AL., Defendants. NOTICE OF APPEARANCE AND CLAIMTO SURPLUS MONIES ZACHARY T,T. CARTER Corporation Counsel of the City of New York Aaortrcyfor The City of New York I 00 Church Street, Room 3- I 06 New Yorlç New York OfCounsel: Karen Ross Tel: (212) LMNo Due and timely service is hereby admitted. New York N.Y Esq- Attorney for

FILED: KINGS COUNTY CLERK 09/27/ :45 PM INDEX NO /2015 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 09/27/2018

FILED: KINGS COUNTY CLERK 09/27/ :45 PM INDEX NO /2015 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 09/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ÏÏSBC BANK USA, NATIONAL ASSOCIATION AS INDEX NO. 501553/2015 OR TRUSTEE FOR DEUTSCHE ALT-B SECURITIES 2018-01117 OR 2018-01247 MORTGAGE LOAN TRUST,