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FILED: ONONDAGA COUNTY CLERK 02/12/ :17 AM INDEX NO /2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018

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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.

COUNTY OF ONONDAGA

- - - - - - - - - - - - - - - - - - - - - - -X—

KEYBANK, ~ N.A.,

CERTIFICATE OF

Plaintiff, MERIT PURSUANT TO

CPLR 3012-b -against-

Mortgaged Premises:

WILLIAM SONGER. A/K/A WILLIAM H. SONGER, NANCY S. 112 Greeley Circle,

SONGER, CITIBANK (SOUTH DAKOTA), N.A., Liverpool, NY 13090

"JOHN DOE #1"

through "JOHN DOE #20,"

the last

twenty names being fictitious and unknown to

plaintiff, the persons or parties intended being

the tenants, occupants, persons or corporations,

if any, having or claiming an interest in or lien

upon the premises, described in the complaint,

Defendants.

- - - - - - - - - - - - - - - - - - - - - - -X—

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 STAGG, TERENZI, CONFUSIONE &

WABNIK, LLP, attorneys for Plaintiff KEYBANK, N.A. in this action.

2. This residential foreclosure action involves a home loan, as such

term is defined in the Real Property Actions and Proceedings Law §1304. Upon

information and belief, defendant William H. Songer and Nancy S. Songer , is

a resident of the property subject to foreclosure.

3. I have reviewed the facts of this case and reviewed pertinent

documents, including the mortgage, security agreement, note or bond

underlying the mortgage executed by defendant, all instruments of assignment,

and all other instruments of indebtedness including any modification,

extension and consolidation, (if any).

4. I have consulted about the facts of this case with the following

representatives of plaintiff·

plaintiff:

Name Title

Kathleen H Dewine Bank Officer

5. Upon this review and consultation, to the best of my knowledge,

information and belief, I certify that there is a reasonable basis for

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

enforce rights under these documents.

6. Listed in Exhibit A and attached hereto are copies of the

applicable, not otherwise as attachments !

following documents, if included to

FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018

NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018

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the summons and complaint: the mortgage, security instrument and note or bond

underlying the mortgage executed by defendant; all instruments of assignment

(if any); and any other instrument of indebtedness, including any

modification, extension and consolidation. (Check box if no documents are

attached in Exhibit A: 0).

7. 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, theft or otherwise. (Check box if no

documents are attached in Exhibit B: O).

8. I am aware of my obligations under New York Rules of Professional

Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.

Dated: February 12, 2018

UIES AKHIZADA

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X

~

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA

KEYBANK, N.A. AFFIDAVIT

Plaintiff,

-against- Index No.

WILLIAM SONGER A/K/A WILLIAMS H. SONGER, NANCY Mortgaged Premises:

S. SONGER, I CITIBANK (SOUTH DAKOTA), ( N.A., 112 Greeley Circle,

Liverpool, NY 13090

"JOHN DOE #1"

through "JOHN DOE #20,"

¹20, the last

twenty names being fictitious and unknown to Section 15; Block 3

plaintiff, the persons or parties intended being Lot 7.0;

the tenants, occupants, persons or corporations,

if any, having or claiming an interest in or

lien upon the premises, described in the

complaint,

Defendants.

_ - - _ - - - _ _ - - - - - - - - - - - - -X

STATE OF NEW YORK )

gg_t ) SS.

COUNTY OF WEW--¥eR-K )

AA^ being duly sworn, deposes and

says: .

1. I am a(n) /~4 6 c , of plaintiff in the above-

captioned mortgage foreclosure action. I am authorized to execute this

affidavit.

2. I have performed the following actions:

A ~( Cohfirmed the notice of default and ninety (90) day notice, if

required, were properly mailed prior to commencement of foreclosure.

B ~ Reviewed the relevant loan documents and records pertaining to this

case.

C p~ Reviewed the summons and complaint in this action to confirm the

factual accuracy of the identity of the proper plaintiff, the defaults and

the amounts claimed to be due to plaintiff as set forth therein.

FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018

NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018

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.'

ER)N A. MESMER ew Qoehgled tn Erie Co

.

D 4 Confirmed that the plaintiff is in physical possession of the

pertinent note or notes.

S o pp to befo & me this

day of }( 3 f( ) y 2O

NOTARY PUBLIC n *

V

>. o York

1ME61O2y43

~Y <ommissioe F padres ecembe 10,

State }

County of . } ss. ~

On the day o in the year before me, the

undersigned, personally eared ,

personally known to me or progd to me on the basis of satisfactory evidence

to be the individual(s) whose na :) is(are) subscribed to the within

instrument and acknowledged to me tha e/she/they executed the same in

his/her/their capacity(ies), that by his/h their signature(s) on the

instrument, the individual(s), or the person up behalf of which the

individual(s) acted, executed the instrument; and t; such individual made

such appearance before the undersigned in the

(insert the city and the state or country

the acknowledgment was taken)

Signature Notary

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FRANKLIN ABSTRACT, LTD.

Title Number: FAF-915 File number: KBK-18178

SCHEDULE A

DESCRIPTION OF PREMISES UNDER EXAMINATION

ALL that tract or parcel of land situate in the Town of Salina, County of Onondaga and State of New York, being part of Farm Lot 62 in said Town, and being more particularly described as Lot 7, according to a map of Greengate, Section "A", made by Alfred N. lanuzi, Jr., L.L.S., and filed in the Onondaga County Clerk's Office on October 20, 1987 as Map No. 6694.

Premises commonly known as:

112 Greeley Circle, Liverpool, New York

And also by

Section: 15, Block: 3 and Lot: 7.0

FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018

NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018

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w' Index No.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA

KEYBANK, N.A.

Plaintiff,

-against-

WILLIAM SONGER A/K/A WILLIAM H. SONGER , ET AL.,

Defendants.

CERTIFICATE OF MERIT

STAGG, TERENZI, CONFUSIONE & WABNIK, LLP

ATTORNEYSfor PLAINTIFF Office & Post Office Address 401 FRANKLIN AVENUE

SUITE 300

GARDEN CITY, NEW YORK 11530

. (51 -4500

FACSIMILE NO. 516) 812-4600

Signature-(ftule 13 . a)

QÚIEfSAKHIZADA

Service a copy of the w is hereby admitted

Dated,

Attorney(s) for ...

Please take notice

NOTICE OF ENTRY

Othat the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT

Othat an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within Court, at

Dated,

Yours, etc.

STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATTORNEY(S) for PLAINTIFF

Office & Post Office Address 401 FRANKLIN AVENUE

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