In the United States Bankaiptcy Court

Eastern District of New York

In the Matter of; )

Michael Krichevsky )
Debtor In Possession ) CHAPTER 11 CASE No."19-43516-ess"
) .

NOTICE OF AMENDED CROSS-MOTION AND AMENDED CROSS-MOTION TO

STRIKE AND DISMISS WITH PREJUDICE CHAPTER 11 PROOF OF CLAIM BY US
BANK,NA

COUNSELORS:

PLEASE TAKE NOTICE, that upon my annexed supporting affidavit, I, Michael

Krichevsky, will cross-move at the United States Bankruptcy Court, located at 271-C Cadman
Plaza East, Brooklyn, NY 11201-1800 on December 3, 2020 at 11:00AM, or as soon thereafter
as Counsel may be heard, for an Order per FRCP (f) to Strike alleged creditor's US Bank, NA
proof of claim and motion for relief from stay, and other alternative reliefs on the following
grounds:
a) FRCP 12(f) impertinent or scandalous matter.
b) Violation ofBankruptcy Rule 9011. Signing ofPapers; Representations to the Court;
Sanctions; Verification and Copies of Papers;
c) Fraud upon the court by officers ofthe court, including US Trustees and Federal Judge;
d) Rule 12(b)ofFEDERAL RULES OF CIVIL PROCEDURE:(1)lack of subject-matter
jurisdiction;(4)insufficient process;(6)failure to state a claim upon which relief can be granted;
and (7)failure to join a party under Rule 19;
e) Lack of standing to file claim.
f) Conspiracy to Obstruct Justice and Obstruction of Justice.
g) Violation ofthe 6th Amendment to Constitution, which secures that no person will be
deprived of life, liberty or property without due process of law.
h) Violation of my 7th Amendment to Constitution
Dated: Brooklyn, New York
October 16, 2020
/s/ Michael Krichevskv
Michael Krichevsky, DIP
4221 Atlantic Ave
United States Bankruptcy Court
Eastern District of New York

In the Matter of: )

Michael Krichevsky )
Debtor. ) CHAPTER 11 CASE No. 19-43516-ess
)

REPLY AFFIDAVIT TO MOTION FOR RELIEF FROM STAY AND SAJME AFFIDAVIT IN
SUPPORT OF AMENDED CROSS-MOTION TO STRIKE AND DISMISS WITH
PREJUDICE PROOF OF CLAIM BY US BANK. NA's ATTORNEYS

I, Michael Krichevsky, DIP, under penalty of perjury respectfully aver as follows:

1. I am the Debtor in Possession in the within action.

2. I make this reply affidavit in opposition to proof of claim and in opposition to motion for

relieffrom automatic stay.

3. I make this affidavit in support of my amended cross-motion to strike and dismiss with

prejudice proof of claim by US Bank, NA and Wells Fargo Bank, NA in my Chapter 11 petition.

4. I have a God given rights to Liberty, Property and Pursuit of Happiness. To defend these

rights from violation, I have been litigating and investigating public corruption as whistleblower

and victim since 2008 and obtained a lot of experience.

5. The averments in this affidavit based on information and belief from the article of THE

YALE LAW JOU'RNAL "Corruption in Our Courts: What It Looks Like and Where It Is

Hidden." Here is the link to this article, to which honest Judge makes silent judicial notice:

https://www.valelawiournal.org/pdf/795 t7d36iwp.pdf?fbclid=IwAR22m4ivYTJcSL2s8bD9crL

ZeLpBiinGlH3u9oOF715hlcMv9tBgAlnPumc

6. The averments in this affidavit based on information and belief from the article of

"REUTERS INVESTIGATES: The Teflon Robe, Holding judges accountable." Here is the link

to this article, to which honest Judge makes silent judicial notice:

https://vyww.reuters.com/inve$tiaates/section/usa-iudges/?fbclid=IwARl vc-

rk2YVOV01bR50SXS4GeOSHfSgJ3ahJcow01dOCn3AhdRHRSDiBOi4.

7. The averments in this affidavit based on information and belief from the article of

CONGRESSIONAL RESEARCH SERVICE "Obstruction of Justice; An Overview of Some of

the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative

Activities." Here is the link to this article, to which honest Judge makes silent judicial notice:

https://crsreports.congress,gov/product/pdf/RL/R L34303.

8. The averments in this affidavit based on information and belieffrom the book CHAPTER

11 TRUSTEE HANDBOOK sent to me by office of the US Trustee.

9. The averments in this affidavit based on information from the United States Supreme

Court acknowledgement ofthe Judicial Corruption, when it stated that there where many

dishonest judges exposed & convicted through "Operation Greylord", by federal Investigation of

judicial corruption in Chicago, "Bracey Fs. Gramley, case No. 96-6153(June 9, 1997)

10. The averments in this affidavit finally based upon my firsthand knowledge, research,

experience in foreclosure litigation from 2009; upon documentary evidence provided to me by

others in my capacity as investigator and whistleblower; and upon inferences and conclusions

reached from said information and belief.

11. In fact, I am the only one amongst people involved in this action withfirst-hand

knowledge to lawfully sign non-hearsay, admissible affidavit without intention to mislead the

court or judge, harass opponent and without creating perjury and/or fraud upon the court.

INTRODUCTORY STATEMENT AND THE REASON FOR AMENDED MOTION

Sidney Powell, Esq. criminal defense attorney of General Michael Flynn who was framed

by CIA, FBI and DOJ, wrote a book "Licensed To Lie"(available on Amazon) where she
exposed how attorneys use their license to practice law as a tool to commit their perjury. In this

book, she presents several examples of these crimes. This case is another evidence to support her

book. On April 28, 2020 in interview on Fox Business she called prosecuting attorneys from

DOJ "hit squad." In this case, I am against the "hit squad" too.

During my litigation in this court. Judge Elizabeth S. Stong abandoned the bench and

joined my adverse party and its alleged attorneys. At the same time, US Trustees Nazar

Khodorovsky, Esq., Rachel Wolf, Esq., and Jeremy S. Sussman, Esq. abandoned and refused to

perform their fiduciary duties to report bankruptcy fraud to DOJ. They joined Judge Stong and

other brethren attorneys in their conspiracy to Obstruct Justice to me. Because ofthese new facts,

I have to amend my cross-motion. In this cross-motion, I apply the following quote from the

article of THE YALE LAW JOURNAL I mentioned above to facts in prior, related cases

together with instant one and accuse judge Stong in corruption and bribery:

"If experience demands a presumption that ajudge will seize every opportunity
presented to him in the course of his official conduct to line his pockets, no canon
of ethics or statute regarding disqualification can save our judicial
system." — Justice William H. Rehnquist, Sense and Nonsense about Judicial
Ethics, 28 Record/Assn. ofthe Bar of the City of New York p. 694,699-700
(1973).[Emphasis mine]

Indeed, in related to this bankruptcy case prior cases, I filed 2 motions to disqualify Judge

Stong - and 2 times she refused to disqualify herself while Obstructing Justice to me and causing

me irreparable injury and harm together with other judiciary from Brooklyn Bar Association and

family court. This fact too described in article as Multijudge Corruption Rings in THE YALE

LAW JOURNAL:

"III Corruptjudges and courts:

A. Federal Versus State Judges
B. Trial Versus Appellate Judges
C. Elected Versus Appointed Judges
D. Multijudge Corruption Rings"
 IV. Fact patterns of corruption
A. Types of Cases
B. Corrupt Actions; What the Bribes Bought
1. Criminal Cases
2. Civil Cases
3. Traffic Violations
4. Administration of Cases
C. Prices: How Much Was Paid
D. Risk of Detection and Tip-Offs"[emphasis mine]

Accordingly, I did not bother to write the third motion to disqualify Judge Stong in this case

because it would be futile. Definition of insanity is to continue to do the same things and expect

different results.

This case is procedural quagmire and judicial anarchy caused by bar members in this case.

Notice to all involved: In reality, this is an act of war defined under the Geneva Conventions,

breaking all 7 of the Nuremberg Principles, and all 30 principles ofthe Declaration of Human

Rights to which the United States of America is co-signatory.

In such circumstance, all is left for me to do is to create a court record so when the new rim

bank's trials begin

As more and more people are awakening to the truth as I did in 2009, what do you think

the American people will do as they discover that they have no more country, that they are slaves

to mortal enemies, that they have been tricked and betrayed by their "leaders" who sold them

out? What do you think they will do when they realize that all their alleged "public servants" are

willingly or stupidly compliant parties to the plunder, bankruptcy, subjugation, and ruin oftheir

lives and country? Antifa and Black Lifes Matter is your clue.

A party seeking relief in any Federal Court — bears the burden of demonstrating standing and

must plead its components with specificity. The minimum constitutional requirements for

standing are: proof of injury in fact, causation, and redressability. Furthermore, in order to satisfy
the requirements of Article III ofthe United States Constitution, any claimant asserting rights in

a Federal Court must show he has personally suffered some actual injury as a result of the

conduct of the adverse party. In this case, US Bank, NA did not even attempt to do that, and

therefore does not have standing to bring this claim and motion.

Silence is an act of complicity and acquiescence

This case is about paid off debt, fraudulent contract, fabricated documents, duty, honor,

trust, law and judicial corruption. It is also about premise or proposition that future proves past,

which in my case supports affirmative defense of legal doctrines of Estoppels and Res Judicata

to name a few. In regard to Res Judicata, I will show the court that my procedural and

substantive due process rights were constantly violated from 2009 by attorneys, while opposition
had full and fair opportunity to litigate, but declined. Since 2009,1 was not given a chance to
depose alleged creditor because opposing attorneys knew and know now that they have nobody
from creditor to produce for deposition.

From PRACTICAL TREATISE ON THE LAW OF TRUSTS AND TRUSTEES BY

THOMAS LEWIN,ESQ.,(1837)(downloaded in PDF from Google Books)- an all times

classic on these subjects, I learned the following and I quote:

"Thus, in the words ofan old counsellor, the parents ofthe trust were Fraud and Fear,
and a court of conscience was the Nurse,- Attorney General v. Sands, Hard. 491."
"With respect to the feoffee to uses, it was held to be absolutely indispensable that there
should be confidence in the person, and privity of estate. For want of the requisite of
personal confidence it was ruled that a corporation could not stand seised to a use ; for
how, it was said, could a corporation be capable of confidence when it had not a
soul? Nor was it competent for the king to sustain the character of trustee; for it was
thought inconsistent with his high prerogative that he should be made responsible to
his own subject for the due administration of the estate. And originally the subpoena
lay against the trustee himself only, and could not have been sued against either his heir
or assign; for the confidence was declared to be personal, and not to accompany the
devolution ofthe property."[emphasis mine]
To demonstrate this point in this case, I think of the Office of the United States Trustee
and the Office of Bankruptcy Trustees that both corporations or trusts, which employ alive

people capable ofconfidence with physical bodies, brains and souls.

If there is an office of trustee- there has to be a registered, named trust-2 different,

distinguished from each other concepts and entities

The name of alleged creditor in this case is "U.S. Bank National Association, as Trustee

for Banc of America Funding Corporation Mortgage Pass-Through Certificates, series 2006-F."

Accordingly, I dimforced to infer that alleged creditor"US Bank, NA as trustee" with no soul or

brain is a corporate employer of the natural, alive individual who is trustee. The Banc of America

Funding Corporation Mortgage Pass-Through Certificates, series 2006-F is an implied, gibberish

name of REMIC trust, a custodian or warehouse with no soul or brain. Presumably, Banc of

America Funding Corporation is an employer of the other natural individual who is a warehouse

trustee, a clerk. However, these individuals both are missing in actions since, at least, from 2006.

You know those who do book keeping for the trust (estate). Those that now work from home due

to COVID-19,they picks up the phone, make income tax to be paid to IRS, open mail and those

that control the estate and one ofthem writes a check to US Bank, NA("USB')as trustee for the

work, the other deposits it into a bank account. Those individuals presumably with authority

hired and appointed USB who in turn hired attorneys to do this foreclosure. Those individuals

who presumably are capable and vested with confidence from 2006 - presumed date of

securitization and creation of alleged trust sit at different locations.

Since 2009,1 was trying to find one live individual from the USB or REMIC trust to

discuss this foreclosure situation and verify that USB is the right party to talk with, or to serve

with personal subpoena in my case. However, I was always blocked by foreclosure attorneys

zealously guarding individuals' name, position, authority, business phone number or business

address. That information would verify that such individual exists, and therefore trust (estate)
also exists. If 1 suppose that U.S. Bank was the tnastee than what was the "registered" name of

the trust, where was it registered and what its employer ID number from IRS? Finally, after

several years of investigation and especially .s7//"ve///a;/cf^, I concluded that this individual who

works for the trust is a ghost. But, can a ghost pick up a phone and talk to me? Can a ghost deal

with IRS on behalf ofthe trust, be subpoenaed and deposed in discovery? Exactly! Good

questions! The answer is; it cannot!

The whole foundation of this POC based on the fraudulent transaction made by alleged

servicer and hired foreclosure mill Steven J. Baum, P.C. in 2009 for an alleged creditor U.S.

Bank. Alternatively, it could be even another fraudulent transaction made in 2005. From 2009

foreclosure lawsuit against me until today, this is what essentially was/is the real agenda of

alleged creditor(s) or USB(s), and its alleged numerous attorneys-interlopers and law firms

demonstrated by this brief hypothetical dialog below. This dialog in essence went always like

this:

USB and its attorneys from 2009 until 2020. we are mad at you (Krichevsky)
and want to foreclose.
I (Krichevsky): I have never dealt with you. Please, explain who you are and why
you are mad at me. Let us sit down and work it out.
USB and its attorneys: we refuse to explain who we are, why we are mad at you
or work out anything with you. We just want to be mad at you and foreclose."

That goes against doctrines of Good Faith, Unclean Hands, Fraud and Deceit in my

affirmative defenses and counterclaims playbook.

PARTIES TO THE AMENDED CROSS MOTION - CAST OF ADVERSE TO ME

CHARACTERS

"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." Arnicus Solo
12. I know, I know you do not care about my rights and my estate. You only care about your

career, profits, money and will not truthfully reply Nonetheless, this cross-motion will create a

record for when Nuremberg's type trials ofjudiciary begin in America, 1 will be a party against

you. "Justice Case" charged sixteen German defendants of war crimes and crimes against

humanity through abuse of the judicial process and the administration ofjustice. The opening

statement was presented by General Telford Taylor:

"These defendants are charged with crimes in the name ofthe law. "Most of the
defendants have served...as judges, as state prosecutors, & as officials of the
Reich ministry ofjustice," "consciously & deliberately suppressed the law"
"converted the...justice systems to an engine of despotism, conquests, pillage, &
slaughter." All, but one, professional jurists."

13. Judge Elizabeth S. Stong ofthis bankruptcy. She is a party to this motion because she

acts contrary to Centuries old principle ofjurisprudence,"To no one will we sell, to no one will

we refuse or delay right or justice." Magna Carta, 1215

14. US Trustees Nazar Khodorovsky, Esq., Jeremy S. Sussman, Esq. and Rachel Wolf, Esq.

They are parties to this motion because they conspired with my adversaries,judge Stong and

refused to do their job.

15. Law firm WOODS OVIATT OILMAN,LLP("WOODS").

16. Aleksandra K. Fugate, Esq., Brittany J. Maxon, Esq., David Bruce Wildermuth, Esq.

Affidavit in support of amended cross-motion to strike and in Reply to void motion for
relieffrom stay. The alleged creditor together with its attorney in a loan transaction should
not be allowed to collect a double or more than the amount of the debt

17. This proceeding turned out to be coram tion judice (kor-dm non joo-di-see). [Latin "not

before a judge"] 1. Outside the presence of a judge. 2. Before a judge or court that is not the

proper one or that cannot take legal cognizance of the matter. Therefore, Order for relief of stay

is VOID.
18. 1 generally deny all paragraphs in Brittany J. Maxon, Esq. affirmation including

presumption ofauthenticity of my signatures on her exhibits including authenticity ofstamps on

exhibits and exhibits themselves, and therefore demand proof by/omw/c evidence.

19. Chapter 13 petition was filed on June 6, 2019 and later on converted by the judge to

Chapter 11 petition.

20. On June 6, 2019 the following entries were made on the docket of this court, which are

material to this motion and bankruptcy case facts as whole:

"Related Case: 12-01229-ess Dismissed: 12/07/16; 13-01475-ess Closed:

10/08/2014 (smott)(Entered: 06/06/2019)"

Judge Assigned Due to Related Case, Judge Reassigned,(smott)(Entered:

06/06/2019)"

21. Yes, these cases are related to this bankruptcy. As 1 explained in my opening statement

for the meetings with creditors and US Trustees, I was forced to file bankruptcy due to judicial

corruption in State courts,(Docket #41). Unfortunately, 1 was so busy that I forgot to mention

judicial corruption in bankruptcy court since 2012 by Judge Stong.

22. It is unknown to me, which judge was originally assigned to this case, but I know now

the reason why Judge Stong was reassigned - to continue cover up corruption in state courts and

grant the motion for relief from stay.

23. Here is just one example ofjudge Stong abstracting Justice in related case. In that case, I

was the Plaintiff in adversary proceeding and both, the debtor and her attorney, behaved exactly

like attorneys from Woods behaved in this case. 1 filed motion to hold debtor in contempt of

court. Judge Stong denied me all possible remedies from 2012 until 2016. Attached, as Exhibit

A, is her order refusing to hold debtor in contempt of court.

24. Per maxim of law, "The burden of proof lies on him who asserts the facts, not on him

10
who denies it..," I listed US bank as creditor with disputed, contingent and unliquidated debt in

order to receive evidence in support of claim, which evidence was previously withheld by same

law firm or conduct discovery and impeach POC.

Rebuttal of presumptions in this case

All Presumptions that Prejudice or Injure Protected Rights are a Violation ofDue Process of
Law that Results in a Void Judgment

25. NOTICE TO WOODS OVIATT OILMAN,LLP,LLP AND ALL ITS

ATTORNEYS. As pet Amalfttano v. Rosenberg, 12 NY 3d 8 - NY Court of Appeals(2009)

you are in violation of Judiciary Law § 487. The court stated in this case:

"The purpose of the statute is to "enforce an attorney's special obligation to

protect the integrity of the courts and foster their truth-seeking function."
"A violation of Judiciary Law § 487 may be established " either by the defendant's
alleged deceit or by an alleged chronic, extreme pattern of legal delinquency by the
defendant"

26. Violation of Judiciary Law §487 is criminal misdemeanor leading to disbarment of

attorneys. Here and in 2016 foreclosure, I alleged both - deceit and chronic, extreme pattern of

legal delinquency by the opposing attorneys and their firm.

Rules for thee and none for me

27. This is just one example of violation of Judiciary Law § 487 in this case. In POC, which

Fugate signed she deliberately failed to attach complete power of attorney as exhibit and filed it

in this court, or allowed as supervising attorney somebody else do the same. Deliberate failure to

attach complete power of attorney will be shown below.

Criminals should be afraid of Judge and US Trustees, but they were/are not, why?

28. In good faith, I contacted Fugate and Maxon by phone and email (Exhibit B)in order to

confer with them and cure this defect out of court.

11
29. In this letter, I also notified them that without valid power of attorney I am unable to

reply to their motion to lift the stay.

30. Neither Fugate, nor Maxon replied or called me back (deliberate failure).

31. Been tired of waiting for reply, I assumed that WOODS does not have power of attorney

and started preparation of reply to motion and amendment of my Chapter 11 petition based on

this assumption and asked judge Stong to adjourn the hearing on motion for relieffrom stay.

32. Because Woods did not produce valid power of attorney, I reclassified U.S. Bank as

unsecured creditor, among other things.

33. After I filed my amended Chapter 11 petition. Woods amended their proof ofclaim and

attached what it purported to be requested by me prior missing power of attorney (deliberate

failure to attach any power of attorney to first proof ofclaim and attempted deceit).

34. However, this power of attorney is invalid because it identifies neither the trust, nor a

principal or investor. From this power of attorney, it is unclear who authorized Woods to start

2016 foreclosure and file proof of claim in this court. As such, this power of attorney constitutes

fabrication and fraud upon the court, in violation of 18 U.S.C §§152 and 157 which will be

discussed below.

35. All attorneys involved from WOODS OVIATT OILMAN,LLP("WOODS")were/are

New York's licensed, competent attorneys who know bankruptcy law, foreclosure law, evidence

law and New York Judiciary law §487.

36. Argument. Accordingly, all attorneys involved either work for white collar criminals or

white collar criminal themselves.

37. By presumption, in this case attorneys were acting within the scoop of their authority.

38. By presumption, in this case attorneys must appear in court with honesty and integrity.

12
39. By presumption, in this case attorneys must guarantee that client's case is not false or

frivolous, or both.

40. In reality, they did not act according to presumptions in 37- 39.

Here is what WOODS attorneys knew prior to filing POC and 2016 foreclosure. Judicial
Estoppels

41. The evidence and the exhibits presented is not mine. It produced by Wells Fargo Bank for

alleged creditor(US bank)2009 foreclosure. I offer into evidence Exhibit C. It consists of

purported certified letter. The essence of the letter is acceleration of debt and it dated July 12,

2009. The Exhibit C itself is affidavit of merit having Index No.: 25477/09 on it. The affidavit is

notarized in North Carolina by Wells Fargo bank's employee in 07/24/2013. This affidavit is

public record of Kings County Supreme Court. This document evidences the fact that alleged

servicer Wells Fargo bank accelerated mortgage and note on or about October 2009 by starting

foreclosure with complaint that allegedly was served on me through my alleged relative, John

Krichevsky, in Manhattan. Yet, another bazaar and scandalous matter as I did not live in

Manhattan in 2009 and there never was John Krichevsky in my family as I am the only son.

42. In 2015, Wells Fargo bank failed to prove in open court that alleged creditor U.S. Bank

or Wells Fargo itself is holder of my original note, which they presented at court. Exhibit D. I

examined this note and showed the court that it was fabrication with some "white out" of stamp

or signature on the left side.

43. A "white out" would make even original note void.

44. As a result, alleged creditor U.S. Bank filed voluntary motion to dismiss complaint,

which motion was granted. Wells Fargo, U.S. Bank and its attorneys at that time knew that by

dismissing their complaint they would let the statute of limitation run in 2015. This was the

reason that they convinced me not to oppose their motion by demanding dismissal with

13
prejudice.

45. Nonetheless, in 2016 alleged creditor U.S. Bank started foreclosure as if2009 and 2013

never happened. Woods filed with the State court a second fabricated note. Exhibit E.

46. I showed Woods attorneys and judge Dear these 2 notes. 1 showed them the following

discrepancies which would make the second note especially look like fabrication:

looking at the page 5 of each note side by side reasonable jurist will notice:

one from Exhibit D has only 2 seals without dates; other from Exhibit E has 4 seals without dates

one from Exhibit D has loan # CS1S4S; other from Exhibit E has loan # redacted (black)

looking at the first page of each note at the upper right corner reasonable jurist will notice:

one from Exhibit D has a # 3930717 on it; other from Exhibit E has that # redacted (black)

looking at both notes as they differ, reasonable jurist would ask me,"did you sign 2 promissory

notes for one loan or for two loans?"

47. Talking about bazaar and scandalous! Now, it gets outrageously scandalous after I

present the note #3, which is part ofthe proof ofclaim here by alleged creditor, US bank.

Exhibit F. That note differs from previous two is that there is no reduction (black) of identifiable

note information at all, however all loan # and MIN# are left blank. Did I sign that one two - on

December 14, 2005 and did not notice or don't remember? Maxon testified in her affirmation

that I did, in fact, signed it. If I did, where is the money for 2 other loans? Oh boy, can it get even

more bazaar and scandalous? Yes it can! Keep reading. Woods attorney whose job is to act like

forensic evidence expert, certified that each note was examined and compared to the copies of

notes they presented in court. Did 1 mention the crime of evidence tampering by attorneys?

Therefore, the note that attached to proof of claim and motion for relief from stay should

be stricken from the record as unidentifiable fabrication.

14
48. I know, I know all of you are one happy criminal enterprise and nobody will be reported

to DOJ, investigated or go to prison over this. This cross-motion most likely will be denied. It is

what it is!

It is a far greater crime to witness a crime and do nothing about it because you have the
responsibility of knowing a crime is being created. You are worse than the criminals
themselves committing the crime because YOU had the means to stop it and did
NOTHING.

"Ifl to remain silent, I'll be guilty of complicity." Albert Einstein

49. From CHAPTER 11 TRUSTEE HANDBOOK.

"A. PURPOSE

The United States Trustee is charged with the responsibility of supervising the
administration of cases..

D. ROLE OF THE UNITED STATES TRUSTEE

"... The United States Trustee program acts in the public interest to promote the
efficiency, and to protect and preserve the integrity, ofthe bankruptcy system. It
works to secure the just, speedy, and economical resolution of bankruptcy
cases; identifies and investigates bankruptcy fraud and abuse; and overseas
administrative functions in the bankruptcy cases."

50. From CHAPTER 11 TRUSTEE HANDBOOK, page 17:

"CHAPTER 6: DUTIES OF A TRUSTEE

A. STATUTORY AND GENERAL DUTIES
The applicable duties prescribed by §704 includes the obligation to:
(5) if a purpose would be served, examine proofs of claims and object to the
allowance of any claim that is improper^'
11 use §704(made applicable BY in 11 USC §1106(a)(1)). In addition to the
duties described in §704, the following provisions of§ II06(a) require a Trustee
to:
(4) as soon as practicable
(A)file a statement of any investigation conducted under paragraph (3) of
this subsection, including any fact ascertained pertaining to fraud,
dishonesty, incompetence, misconduct, mismanagement, or irregularity in the
management of the affairs ofthe debtor, or to a cause of action available to the
estate.
B. REVIEW OF CASE FILE
C. EXAMINATION OF THE DEBTOR

15
 E. BANKRUPTCY CRIMES
1. Duty to report Criminal Conduct
2. Types of Criminal Conduct
the most common bankruptcy crimes as set forth in 18 U.S.C. §152. Section 152
makes it a crime for any individual to ^^knowingly and fraudulently^^(2)
make a false oath or account in relation to a bankruptcy case;(3) make a
false declaration, certification, verification, or statement in relation to a
bankruptcy case;(4) make a false proof of claim;(5) receive a material
amount of property from the debtor with intent to defeat the bankruptcy
code;(8)conceal, destroy, mutilate, or falsify documents relating to the
debtor's property or affairs; or(9) withhold documents related to the
debtor's property or financial affairs from a Trustee or other officers of the
court
U.S.C. §157,"Bankruptcy Fraud." Section 157 is similar to the federal mail
fraud and wire fraud statutes in that it requires a person to devise or intent to
devise a scheme or artifice to defraud." A person, not only a debtor commits
bankruptcy fraud if, for the purpose of executing or concealing this scheme
or artifice to defraud, that person:
(2)files a document in a proceeding under title 11; or
(3) makes a false or fraudulent representation, claim, or promise concerning or
in relations to a proceedings under title 11, at any time before or after the filing of
the petitions, or in relations to a proceeding falsely asserted to be pending under
such title. [Emphasis mine]

51. Fact, Fugate and Maxton concealed from US trustees and Judge Stong complete power of

attorney to file proof of claim when proof of claim was filed, in violation of 18 U.S.C §§152 and

157.

52. Fact, no Trustee or Judge involved objected to proof of claim, which was lacking power

of attorney to file it.

53. Fact, no Trustee involved objected to alleged Plaintiffs motion for relief from stay.

54. By presumption, in this case US Trustees and Judge Stong were acting within the scoop

oftheir duties and authority

55. By presumption, in this case US Trustees and Judge Stong acted as fiduciaries with duties

of arbiters, observers and supervisors of administering this bankruptcy case.

56. By presumption, in this case US Trustees and the Judge Stong reviewed proof of claim.

16
its exhibits and all parties' motions with supporting evidence in this case and applied this

information to applicable law.

57. If trustees and judge Stong performed their duties in this case, they would have

concluded that 18 U.S.C. §§152 and 157 were violated by attorneys involved.

58. However, in reality nothing like this happened. In fact, it was the opposite when judge

Stong's signed order for relieffrom stay.

This court doesn't have Subject-matter jurisdiction per Broom's Maxims, which are
foundation ofjurisprudence:"A right of action cannot arise out offraud" and per FRCP
12(h)(3) Lack of Subject-Matter Jurisdiction: if the court determines at any time that it
lacks subject matter jurisdiction, the court must dismiss the action.

59. WOODS did not file proper power of attorney authorizing them to file proof of claim.

60. Without proper power of attorney to file proof of claim from real party in interest, the

court does not have subject matter jurisdiction. Even though Judge Stong knew about this law

and her duties, she abused her discretion and failed to dismiss this case sua sponte while US

Trustees failed to object to judge Stong's failure.

61. By presumption, in this case. Justice is when judge punishes wrongdoing.

62. Corruption, in this case, is when Judge Stong covered up wrongdoing of her brethren

attorneys, and US Trustees were complicit by failing and later refusing to object in any way to

fraud upon the court, which 1 continue to demonstrate further below.

63. Tyranny in prior, related cases and in this case is when Judge Stong punished me for

something that other parties did contrary to equity of court.

64. US Trustee Nazar Khodorovsky timely conducted two 341 meetings. However, neither

he nor Aleksandra K. Fugate, Esq. or Brittany J. Maxon, Esq. interviewed or deposed me as to

why 1 have those debts disputed, contingent and unliquidated. They failed to enquire for a

reason. Stated differently, they deliberately failed to enquire in order not to create an issue and

17
record of it in this bankruptcy case - sort of- see no evil, hear no evil.

Woods attorneys had the duty to decline representation of alleged client due to statute of
limitation run and fabricated evidence - nevertheless they filed it and continued
representation - is this scandal or what?

65. Even though they knew about their fraud upon the court, they wanted to use contrived

ignorance ofsuch knowledge of fraud in case they sued. It is not going to work out.

66. I explain what contrived ignorance is below.

67. Aleksandra K. Fugate, Esq. and Brittany J. Maxon, Esq. both have firsthand knowledge

about Judicial Conspiracy to Obstruct Justice and Judicial Obstruction of Justice by and between

attorneys from their firm, and judge Noah Dear in Kings County Supreme Court on my case.

68. They all knew the reason why I filed Chapter 11 petition -judicial conspiracy to Obstruct

Justice and Judicial Corruption in state court.

69. Nonetheless, they filed POC and this motion knowing that adversary proceeding is

coming to resolve these issues on the merit.

70. These actions violated bankruptcy rule 9011.

71. At the time when I filed my cross-motion to strike, all involved knew that I was locating

and collecting my evidentiary documents going back more than 10 years and that 1 was working

on amendment of all necessary schedules for Chapter 11.

72. My work slowed down by my equipment malfunction and inability to fix it due to

COVID-19 "shelter in place" orders by Meyer and Governor.

73. Therefore, I treat this motion for relieffrom stay as knowing and deliberate violation of

Bankruptcy Rule 9011 because I was forced by Brittany J. Maxon, Esq. to stop doing necessary

tasks as DIP and deal with this frivolous motion.

18
 Notice: below are ultimate facts demonstrating corruption and conspiracy against me

74. Brittany J. Maxon, Esq.("Maxon")knew ofFRCP 12(e) MOTION FOR A MORE

DEFINITE STATEMENT. It states that a party may move for a more definite statement of a

pleading to which a responsive pleading is allowed, but which is so vague or ambiguous that the

party cannot reasonably prepare a response. As can

These are not paperwork errors; they are evidence of a crime of evidence tampering and
obstruction of Justice in progress and they are themselves criminal acts prohibited by law

75. In fact, all involved knew about the rule. Maxon and Fugate knew that if the court orders

a more definite statement and the order is not obeyed within 14 days after notice of the order or

within the time the court sets, the court may strike the pleading or issue any other appropriate

order.

76. hiMTR. OFRAKOVv. Gingo/d, 23 Misc. 2d 725(1959)the court held:

"A litigation has been held not a game to be won by confusing and embarrassing
the opposition but a serious proceeding for the righteous determination of
controversies in which counsel for all parties co-operate. {Jones v. Jay-Cobbs, 251
App. Div. 878.) The modern view of litigation is that it "should reveal rather than
conceal" one's case to the end that the adverse party may prepare for and not be
taken by surprise at the trial so that a just result may be obtained."

77. In deliberate disregard to this FRCP 12(e) pleading practice and rule, Maxon by slay of

hand unlawfully testified in her affirmation to motion for relief from stay as follows:

''2. Secured Creditor is the holder ofa Note executed by Michael Krichevsky
("Debtor") dated December 14,2005 in the original amount of $747,600.00("Note"),
secured by a Mortgage, which was recorded in the Office of the City Register of the City
of New York on December 21, 2005 at CRFN 2005000701375 ("Mortgage") covering
the Subject Property. Said Mortgage was assigned by an Assignment of Mortgage
executed on August 25, 2009 and recorded in the Office ofthe City Register of the City
of New York on October 19, 2009 at CRFN 2009000339958. Said Mortgage was further
assigned by an Assignment of Mortgage executed on August 29, 2013 and recorded in
the Office of the City Register of the City of New York on September 17,2013 at CRFN
2013000380865. A copy ofthe Note, Recorded Mortgage, and Assignments of Mortgage
are annexed hereto as Exhibit "A".

19
 3. Debtor executed a promissory note secured by a mortgage or deed oftrust. The
promissory note is either made payable to Creditor or has been duly indorsed.
Creditor, directly or through an agent, has possession of the promissory note.
Creditor is the original mortgagee or beneficiary or the assignee ofthe mortgage
or deed oftrust."

"13. Waiver ofthe stay invoked pursuant to, Federal Rule of Bankruptcy
Procedure 4001(a)(3) is sought so the Secured Creditor, its successors and/or
assigns can immediately proceed with the foreclosure and/or eviction actions
without further delay or economic harm."[Emphasis mine]

78. These mutually contradicting paragraphs constitute "shotgun" multiple choice, template

statements, to which I was unable to reply with any comprehension nor the Judge or US Trusties

should be able to comprehend it. In addition, these paragraphs admit that Maxon does not know

what the hell she is writing about - in contradiction to her full familiarity offacts stated in ^ 1 in

the beginning of her affirmation.

"Familiarity breeds contempt...'*- Mark Twain

79. What makes this motion even more bizarre and scandalous is the fact that Maxon claims

in her affirmation that she isfamiliar with facts in this case. This implies that she surely knows

that I signed the promissory note in 2005, a copy of the third variation of which attached to her

motion. For attorney, to redact the evidence to be used by Judge and US Trustees in court is

contempt of court, unless the Judge and Trustees are all on the take and this redacted evidence

made to bamboozle and defraud the court and me. Therefore, attached to proof of claim note

should be stricken from the record.

What is at stake in this bankruptcy? $1,700,000 million dollars to be divided amongst all
involved by looting my estate.

80. She next admits by her pleading that she has no idea or witness who would identify what

contractual relationship between US Bank and I existed in 2005, 2009, 2013 or in 2020. Once

again, read my ^ ^ 77 and 78 of this affidavit.

20
81. Furthermore, Maxon does not know either-or "The promissory note.is either made

payable to Creditor or has been duly indorsed" as if she never interviewed her client or reviewed

the "documents" brought to her by her "client." In this case, by Creditor she implied the US

Bank.

82. I know for sure that I did not make any promissory note to US Bank (creditor), redacted

copy of which claimed to be the evidence in this case to support POC and her motion.

83. Even if, which is not admitted and stated only for the sake of argument, I did sign

promissory note for anybody and wanted to identify it in order to confirm or deny this fact with

straight face, I would be unable to do so because the copy is intentionally redacted to make it

unidentifiable. Is this a scandal and bazaar or what? Exactly, good question. As such, I cannot

neither admit no deny the fact or authenticity as witness. If I cannot identify the note due to

reduction - nobody can! Therefore, attached to proof of claim note should be stricken from

the record.

84. However, I generally deny it because I infer that the reduction ofthe copy done for the

nefarious reasons, such as fraud upon the court by officers ofthe court.

85. All involved knew that if there is no relationship or nexus between US Bank and I, there

is no standing for POC in this court. Please, looked again at Exhibit F and read again
| my ^ 77

and 78 of this affidavit.

86. Fact, I notified US Trustees, Maxon and Fugate about this defect in their papers before

the hearing of their motion begun on June 12, 2020.

'Maxon and Fugate refused to disclose principal(s) or investor(s) who paid for assignments
of mortgages, if this ever was done

21
87. However, Maxon and Fugate failed to correct this defect in POC and later refused to

disclose principal or investor in order establish that relationship or nexus - while neither Judge

Stong, sua sponte, nor US Trustees objected to POC and her motion in any way.

88. Evidently, because ofthat lack of knowledge and evidence, Maxon throws in every

possible "under the sun" allegation against me "including kitchen sink, which is why this motion

is bazaar and scandalous, not to mention applicable frivolousness and vexatiousness of the

WOODS, Wells Fargo Bank and US Bank as criminal enterprise.

According to doctrine of Judicial Estoppels, alleged creditor U.S. Bank is prohibited from
changing its testimony as to when acceleration of mortgage and note begun

89. Here is another false and criminally fraudulent allegation by Maxon in her ^ 6 affirmation

in support of her motion:

"6. As of March 2, 2020, the Debtor has failed to pay the last 117 contractual
payments due July 1, 2010 through March 1, 2020. A copy of the contractual
payment history is attached hereto as Exhibit "B"."

90. Now, please look again at that affidavit of merit submitted by Wells Fargo in court.

Exhibit C,and conclude that payment history Maxon has as Exhibit B is fraudulent fabrication

produced by Wells Fargo specifically for this bankruptcy since it lacks year 2009 of my Alleged

nonpayments. Therefore, payment history attached to proof of claim as Exhibit B should be

stricken from the court^s record.

91. Maxon knew from the firm's 2016 stage 3 foreclosure case that I rebutted and exposed

her criminal enterprise and fraudulent foreclosure in 2017. Attached as Exhibit 1 (will be filed

separately because it's too big)

92. I apply all these facts to the following law. In BuUoch v. Dtiiied States, 763 F.2d 1115,

1121 (10th Cir. 1985), the court stated:

22
 "Fraud upon the court is fraud which is directed to the judicial machinery itself
and is not fraud between the parties or fraudulent documents, false statements or
perjury. ... It is where the court or a member is corrupted or influenced or
influence is attempted or where the judge has not performed his judicial function
- thus where the impartial functions of the court have been directly corrupted."

93. Fact, Judge Stong has not recused herself.

94. The United States Supreme Court acknowledged the judicial corruption, when it stated

that there where many dishonest judges exposed & convicted through "Operation Greylord", a

federal Investigation ofjudicial corruption in Chicago see Bracey Vs. Gmmley.

Should Brittany J. Maxon, E.sq. be allowed to testify as a witne.ss in the case where she is also a
prosecuting attorney? Exactly, good cpiestion! Answer: she should not!

95. The motion for relieffrom stay is not supported by any attached lawful declaration or

affidavit by employee of US Bank or Wells Fargo Bank W\i\\ ftrst-hand knowledges or by trustee

or employee from the alleged trirst.

96. Accordingly, we have here conflict of interest, by which Brittany J. Maxon, Esq. is

disqualified by operation of law to file this motion. Judge Stong will disregard it.

Should Brittany J. Maxon, Esq. be allowed to testij}' in this court as a witness based upon
hearsay upon hearsay information? Exactly, good que.stionI Answer:.she should not!

97. It is irrefutable fact that Brittany J. Maxon, Esq. in 2005 did not witness anything she

wrote about in her affirmation in support of her motion. Read my ^ ^ 77 and 78.

98. Upon information and belief, in 2009 Maxon was not an attorney either, and therefore

was not working on the first foreclosure complaint against me, yet she testifies against me here.

99. Upon information and belief, all exhibits and attachments to her motion she saw on the

computer screen in Rochester, New York.

100. Maybe she even did not see them at all, given the fact that affirmation is electronically

signed and printed out in California by Wells Fargo Bank, see my Exhibit G.

23
101. Accordingly, she has no idea about authenticity and/or where those images came from,

given the fact that her motion was "assembled and printed" out in California by Wells Fargo

bank's employee, and mailed from there to me. See my Exhibit G,showing that WOODS is a

client of Wells Fargo. What, Woods is a client of Wells Fargo? This scandal keeps going and

growing.

102. Therefore, her affirmation stating that she is familiar with this matter is fraudulently

based on hearsay upon hearsay information or just made up lies, and is therefore false, perjurious

and misleading the court. Therefore, her affirmation in support of motion to lift the state

should be stricken from the record as bazaar and scandalous.

103. Her affirmation misleadingly carries the narrative that I owe the money to the party

whose money ended up in my pocket, but she refuses to give the name and address of that party

in her affirmation.

104. For 11 years I have been asking the same question - what is the name and address ofthe

party who I must pay? And, for 11 years I was getting the same answer, which essentially went

like this, "It is none of your business. Just pay us, US Bank or Wells Fargo bank." When I asked

why pay US Bank or Wells Fargo Bank and not somebody else, the answer went essentially like

this, "Because."

105. Before Judge Stong separated my cross-motion to strike from Adversary's motion to lift

the stay without authority and adjourned it, I notified Judge Stong and US Trustees that I am in

possession of several different versions of copies of notes and mortgages that I allegedly signed

in 2005.

106. Any reasonable jurist would conclude in such case that this is impossible, and therefore at

least one if not all were fabricated for the purpose offoreclosure.

24
107. These copies made me belief that all ofthem, at different times, were fabricated by Wells

Fargo bank or other criminal entity. Accordingly, if this case was not rigged which it was, by

operation of law. Judge Stong after my notice to her, should not have paid attention to Maxon's

affirmation.

108. However, it gets even more outrageous from my averments below where I explain why

Maxon refused to sign her affirmation under penalty of perjury when 1 asked her to.

COUNTER-FACTS AND MATERIAL TIMELINE OF CONTROVERSY. WHICH

ATTORNEY MAXON DID NOT LIST IN HER MOTION TO RELIEF FROM STAY

109. Below, I list historical, sequential facts as material, relevant to objection to proof of claim

("POC")and to motion for relief from stay as brief as I can be.

110. Ifthe history of events from 2009 were a part ofthe Star Wars movie, it would be

called "The Truth Strikes Back." So, may the force oftruth and justice be with the court as

institution to hit the Death Star of Fraud on The Court.

111. These facts strike in the core of creditor's identity, credibility of attorney's Affirmations,

Affidavits and Validity of Evidence of purported US Bank, as trustee("USB")and of its alleged

Servicer Wells Fargo Bank, NA, which I would call "WF." These facts show what WF knew and

when they knew that debt paid off.

If a party seeking relief lacks standing, the trial court does not have jurisdiction to grant
the requested relief

112. During last so-called hearing. Judge Stong replied to me that she is taking my averments

offraud on the court by adverse party and its attorneys seriously. In fact, she did. This is why she

covered up fraud by granting motion for relief from stay in favor attorneys committing fraud on

the court. She covered up fraud by rush into judgment and by writing bizarre order lacking

findings of fact; not listing as facts my averments that opposition engaged in fraud on the court.

25
She failed to cite any conclusions of law out offacts that she had duty to write down in this

bizarre, void order. In short, the order has no material facts and no laws, on which it is based.

113. I aver that current, alleged "creditor" has no standing in this case due to numerous

reasons, which I will show in detail below, but the main one is - CREDITOR DOES NOT

EXIST by law or by fact in this court. Accordingly, what attorneys are doing is stealing my

property by false pretences.

114. I will show that all ALLEGATIONS about note, mortgage, securitization, assignment,

trustee and trust turned out to be charade, scam from 2005 or 2009, through which I was harmed

and suffered greatly.

If alleged debt Paid Off- there is no claim, claimant or creditor

115. Upon information and belief derived from MERS website, the alleged debt paid off. On

April 24, 2020,1 visited mortgage electronic registration system(MERS)website and run search

on my property address, which produced MIN number of my mortgage. Attached as Exhibit H,

is the copy of printout ofthe MERS Inc. search of the MIN number, which revealed the

following:

"MIN: 1002948-0001201848-3 Note Date: 12/14/2005 MIN Status: Inactive"

116. I clicked the link provided on the screen and arrived at Wells Fargo bank's website.

There, I engaged in the chat service with bank's employee. Below, is a copy of the screen shot of

the chat("You" is Michael Krichevsky):

"Wells Fargo: For your

security, please don't
enter sensitive
Information.
Conversations are
monitored and retained.

Welcome to Wells Fargo

26
 Home Mortgage. Can we
answer your questions
about mortgage
financing?
You: 11:11:11am What
does MIN Inactive
means?
Sergio V.: 11:12:13am
Hello/ and welcome to
Wells Fargo. I am Sergio
v., NMLSR ID 1640308.
Thank you for your
inquiry. To best assist
you, may I please have
your name?
You: 11:12:44am
Michael
Sergio V.: 11:13:34am
Hi, Michael. Where are
you seeing MIN
Inactive?
You: 11:14:32am In
MERS inc website. MIN is
a registration number of
mortgage
Sergio V.: 11:15:49am
When it's showing
inactive, typically it
means that is been paid
off."

117. Fact, according to attorney filing "U.S. Bank, NA as trustee" claims to be the creditor.

118. However, logically thinking, entity that is REMIC trust(Banc of America Funding

Corporation) that theoretically owns my note is the lawful definition of creditor and USB is an

agent, not the creditor.

119. Fact, Banc of America Funding Corporation is a necessary party in interest.

27
120. Fact, Banc of America Funding Corporation is notjoined in POC as creditor and

claimant.

121. Upon information and belief. Banc of America Funding Corporation did not appoint U.S.

Bank, NA to be its trustee or an agent in this POC, and I am confident that no evidence to the

contrary existed.

122. Upon information and belief. Banc of America Funding Corporation did not give power

of attorney to alleged creditor's attorneys WOODS OVIATT OILMAN,LLP("WOODS")to

file POC, and I am confident that no evidence to the contrary existed.

123. Fact, according to alleged creditor, my first date of default is March , 2009. As oftoday,

this happened, according to creditor more than 11 years ago.

124. 1 move the court to take Judicial Notice ofthese facts.

125. I move the court to take judicial notice that New York has 6 years statute of limitation on

action to collect a debt, which is my affirmative defense to POC.

126. In current claim USB's name is exactly "U.S. Bank National Association, as Trustee for

Banc of America Funding Corporation Mortgage Pass-Through Certificates, series 2006-F". This

is grammatically and logically gibberish. But, for now I would call this gibberish "USB 19" to

reflect the year 2019 when claim was filed. Using logical thinking, I applied the following legal

maxims to this issue of gibberish name:

"The burden of the proof rests upon the person who affirms, not the one who
denies."
"If you know not the names of things, the knowledge ofthings themselves
perishes; and if you lose the names, the distinction ofthe things is certainly lost."
"Names of things ought to be understood according to common usage, not
according to the opinions of individuals."
"A name is not suflicient if a thing or subject for it does not exist by law or by
fact."

28
 Below is an evidence of pattern and practice of abuse of process, malicious prosecution,
criminal fraud, deceit and violation of my due process rights using Contrived Ignorance of
the crimes committed by involved foreclosure mills

127. Replying attorneys Aleksandra K. Fugate arid Brittany J. Maxon; please take notice

that this affidavit must be rebutted sequentially point for point as if this affidavit is the

"complaint" and your reply is an "answer" in state court or negative inferences will be made

against your POC and you personally.

128. All attorneys involved knew/know how to write a foreclosure complaint.

129. Per attorneys Aleksandra K. Fugate and Brittany J. Maxon, WOODS currently has

delegated authority to file Proof of Claim from Wells Fargo who have delegated authority from

US Bank, NA who was appointed as trustee by Banc of America Funding Corporation Mortgage

Pass-Through Certificates, series 2006-F, a REMIC trust. I will call this gibberish named trust

"CERTIFICATES" because WOODS implies that beneficiaries of this trust are securitized

certificates that presumably hold my note and mortgage and who voted to authorize this

foreclosure. However, can pieces of paper without brain and soul hold another paper, be

beneficiary and vote? Exactly, Good question! The answer is: they cannot.I will address it in the

historical, sequential factual statements below. However, in summary, I contend that WOODS

attempted to create an illusion that there is a real party in interest when in reality no lawful claim

or claimant exists in this court. Moreover, I contend that alleged creditor, presumed certificate

holders or investors will never get the proceeds offoreclosure sale because WOODS would do

everything including possible money laundering "of the books and under the table".

A name is not sulTicient if a thing or subject for it does not exist by law or by fact

130. I prove this point by the following procedure in this court. I signed my Chapter 11

petition under penalty of perjury. During 341 meetings of creditors, US Trustee, Nazar

29
Khodorovsky, requested that I show him my physical (not a copy)ID and proof of legitimacy of

my social security number by documentary evidence (not a copy)from Social Security

Administration itself, which I did. However, WOODS think that their attorneys above the law

and do not have to prove to US Trustee identity of creditor because ofthe following:

131. WOODS' competent, licensed attorney, Aleksandra K. Fugate, under penalty of perjury

examined the information, presumably personally prepared POC and signed it under penalty of

perjury. No other proof of creditor's identity and identities of its employees was submitted with

POC.

Future proves past- no attorney firm or a alleged servicer involved in foreclosure since
2009 had authority to do it including creation and signing assignments of mortgage

132. Purported poverty of attorney that is attached to proof of claim(POC) dated in a year off

2018. As such, all foreclosures from 2009 until 2016 were made by US bank without

authorization from creditor. Furthermore, all these foreclosures were fraud upon the court by

officers ofthe court.

133. Attorney Fugate, additionally, knew that at the time offiling POC attached copy ofPGA

is incomplete, misleading the court and void as evidence of authority to appear in this court

because at the beginning of copy ofPGA says,"The trusts identified on Schedule A (the

"Trusts")..." However, no Schedule A attached to this copy ofPGA. Accordingly, attorney

Fugate biowingly failed to prove identity ofcreditor and her authority to appear in this court;

knowingly misled the court and filed PGC without proofofauthority. As such, PGC is

unauthorized filing and unauthorized practice of law. I have dealt with unauthorized filings by

attorneys involved since 2009 and will show detailed evidence below.
134. On the top of everything, PGA was acknowledged and notarized in Massachusetts. I

understand that "we are not in Kansas anymore,'"' but at least we have to be in Ohio or in

Minnesota where corporate headquarters of USB 19 located.

135. In March of 2020, on numerous occasions 1 contacted Aleksandra K. Fugate, Esq.,

Brittany J. Maxon, Esq. and others from WOODS by email and politely asked whether Fugate

inadvertently failed to attach a copy of Exhibit A to POA. As oftoday, 1 received no answer.

136. Accordingly, I demand an explanation and proof whether the people that signed POA

reside in Massachusetts, whether notary is employee of USB 19 and who from Minnesota or Ohio

headquarters authorized them to appoint WF in Massachusetts to conduct foreclosure in New

York. This whole thing is fishy and a Shell Game by slay of hand.

137. Now,the court should notice, that WOODSjudicially admits that in order for them to file

any claim against my property in court, the firm needs the power of attorney from lawful owner

and holder of original note and mortgage. According to WOODS they obtained POA only in

2018, see Exhibit A of POC. Accordingly, Alleged creditor did not authorize WOODS to do the

state foreclosure action in 2016 and 1 am confident that no evidence to the contrary existed

because WOODS refused to produce POA at that time to me. Talking about Estoppels by action.

138. 1 predict that now there will be "change of characters" on this charade POC and new

attorney with contrived ignorance of the crimes committed would come up with "dog ate my

homework" excuse or explanation. Alternatively, WOODS brazenly will go silent. Regardless,

they knowingly failed to prove their authority to file POC. 1 will prove knowledge in historical

factual sequence below.

139. 1 will show the court that no matter how involved foreclosure mills named alleged

creditor at different times by different names these attorneys knew that the real, lawful claimant

31
or creditor did not exist. I will prove knowledge of this nonexistence by Contrived Ignorance of

crimes committed, contempt of court and deliberate violation of my due process rights.

140. In this affidavit I use information and argument from legal essay "Contrived Ignorance"

by David Luban, Georgetown University Law Center,(This paper can be downloaded free of

charge from; https://scholarship.law.georgetown.edu/facpub/I75I). This essay is 25 pages long,

but to demonstrate concept of Contrived Ignorance I would quote the following:

"For example, Speer recalls that in 1944 a friend of his warned him "never to
accept an invitation to inspect a concentration camp in Upper Silesia. Never under
any circumstances." Speer described his thought processes as follows:

"I did not query him, I did not query Himmler, I did not query Hitler, I did not
speak with personal friends. I did not investigate -for I did not want to know
what was happening there ... From that moment on, I was inescapably
contaminated morally; from fear of discovering something which might have
made me turn from my course, I had closed my eyes...."

IV. THE STRUCTURE OF CONTRIVED IGNORANCE

"At this point, I want to look more carefully at the structure of contrived
ignorance. The crucial point is that it involves not one set of actions, but two. The
first consists of the actions or omissions by which an actor shields herselffrom
unwanted knowledge. For convenience, let me call them the screening actions.
When the lawyer interviewing her client breaks off a dangerous line of
questioning, when the drug courier refrains from looking in the suitcase, when the
executive rewards subordinates who maintain his deniability, they have performed
screening actions. The second set of actions consists of whatever misdeeds the
actor subsequently commits that would be innocent if, but only if, she was
legitimately ignorant. Call these the unwitting misdeeds. Once we draw this
distinction, several interesting points emerge. The first is that screening actions,
like unwitting misdeeds, can be performed with various degrees of metis tea.'' If
we use words carefully, the word "willful" modifying" ignorance" should describe
the tiietts t ea with which an actor contrives her own ignorance. This leaves open
the possibility that ignorance can be contrived at other levels of culpability. A
political leader or corporate executive who intentionally sets up an organizational
structure designed to maintain his deniability is willfully ignorant. His partner,
who didn't set up the structure but is perfectly happy to benefit from it, may not be
willfully ignorant, but is nonetheless biowitigly ignorant. Their successor, who
decides to run the risk of keeping the structure in place, may well be t'eckle.ssly
ignorant. And Reckless's dimwitted partner Feckless, who never even wonders

32
 why their predecessors are taking unpaid leave at Club Fed, is negligently
ignorant."

LAWYERS BEHAVING BADLY; A REPRISE

"When disputes lead to litigation, all parties may have done something
discreditable or embarrassing; and when clients enter into business transactions,
all sides may be concealing weaknesses or defects in their wares. None ofthem
will appreciate a doctrine that they fear will require their own lawyers to search
out their dishonesties and then resign or report them/'[emphasis is mine]"

It is illegal to enforce contract law by violations of the criminal laws

141. So, Contrived Ignorance has to do with violation of criminal law and plausible deniability

as defense, in this case, by attorneys involved.

142. All attorneys involved including from WOODS,knew or had reason to know maxims of

law about the name I quoted above, because I quoted these maxims to them in my paperwork and

entered into the state's court record.

143. All attorneys involved including from WOODS,knew that they have to keep Condor to

the Court.

144. WOODS and others knowingly and deliberately compartmentalized foreclosure process

to aid in attorney's contrived ignorance of the crimes committed by making them unlawfully act

like robots on assembly conveyer. This is why they called foreclosure mills.

145. Let's start with maxim "A name is not sufficient if a thing or subject for it does not

exist by law or by fact."

If there is no entity called trust- there is no trustee

146. The first thing an attorney is doing when signing up a new client is taking a copy of

driver's license or passport. In 2009 1 asked verbally and on the paper USB's attorneys to

produce from their office any copy of trust document showing the address and place of

registration of USB.

33
 Refusal to comply with CPLR §322(a) to disclose identity of plaintiff is contempt of court,
violation of due process and circumstantial evidence of lack of POA and therefore lack of
authority from Plaintiff to start foreclosure action

147. Since 2009, they all ignored my paperwork by becoming silent, which is evidence of

contrived ignorance of the crimes committed because they purposely failed to acknowledge on

the record that I asked to identify their client and raised the issue. If they addressed or

acknowledged this issue on the record in any way - even by refusing to produce, they would

have lost contrived Ignorance of the crimes committed on the record. They would have admitted

to guilty knowledge(no plausible deniability) of their client's nonexistence.

148. 1 will address their knowledge offake name in detail below. But, for now to avoid

redundancy and repetition 1 will continue to call this current gibberish, alleged creditor by the

name "USB 19" or "creditor" to reflect the year 2019 ofthe latest, fifth foreclosure round in this

court. The first round started in state court in 2009. But, why alleged creditor and its attorneys

could not foreclose in the first round or in the second at least? Exactly, Good question! The

answer is: they did not have a case. However, in 2009 foreclosure case there was differently

named USB, which I would call it "USB9" to avoid confusion and reflect the year of2009 and

so on. What I know now,I did not know then and it took me almost 10 years of"diving into

different rabbit holes" created by attorneys to figure it all out.

CONCLUSION

149. Litigating with corrupt attorneys when the case is rigged by Judge Stong and US Trustees

is like playing chess with the pigeon. No matter how good one at chess, the pigeon is going to

knock over the pieces, crap on the board, and strut around as it's victorious.

150. The proof of claim and motion to lift stay is scandalous matters because WOODS

shamelessly filed it without valid POA and submitted fake, fabricated exhibits to support it.

34
When I pointed out to them these defects, they refused to acknowledge defects and fix it.

151. Maxon's attorney affirmation is another scandal because she violates law governing

lawyers and admits on the record that she has no idea what she is writing about.

152. Wells Fargo employee in chat with me admitted that alleged debt paid off

153. Accordingly, this POC with exhibits together with frivolous motion to lift stay is beyond

scandalous - this is crimes against humanity on large scale. This is fraud upon the court by

officers ofthe court.

WHEREFORE, I move this Honorable Court for an order granting my cross-motion to strike

POC with prejudice and to strike Affirmation of Attorney Maxon, and that further relief be as to

this Court seems just and equitable.

Dated; Brooklyn, New York

October 16, 2020
/s/ Michael Krichevskv
Michael Krichevsky, DIP
4221 Atlantic Ave
Brooklyn, New York 11224
(718)687-2300

35
EXHIBIT A
 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/1613:32:25

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

In re Chapter 7

ELENA SVENSON, Case No. 12-43050-ess

Debtor.

MICHAEL KRICHEVSKY.

Plaintiff, Adv. Pro. No. I2-01229-ess

-against-

ELENA SVENSON,

Defendant/Debtor,

ELENA SVENSON,

Counter-Claimant,

-against-

MICHAEL KRICHEVSKY,

Counter-Defendant.

ORDER DENYING THE PLAINT1FF*S MOTION FOR CONTEMPT

WHEREAS,on July 31,2012, Michael Krichevsky (the "Plaintiff')filed an Adversary

Proceeding setting forth eighteen claims for relief against the Defendant and Chapter 7 Debtor,

Elena Svenson (the "Defendant"); and

WHEREAS,on September 5,2012,the Defendant filed an Answer to the Adversary

Proceeding and, in substance, denies that she is liable to the Plaintiff on any ofthe claims; and

WHEREAS,on June 6, 2013,the Plaintiff filed a Third Amended Complaint; and

 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/16 13:32:25

WHEREAS,on August 28, 2013,the Defendant filed a Third Answer to the Amended

Complaint, and Counter-Claims; and

WHEREAS,on December II, 2015,the Plaintiff filed a Motion for Contempt against the

Defendant(the "Motion"); and

WHEREAS,on February 26,2016,the Court held a hearing on the Motion, at which the

Plaintiff and certain other individuals appeared and were heard; and

WHEREAS,May 13,2016,the Plaintifffiled a Supplemental Memorandum of Law in

Support ofthe Motion (the "Supplemental Motion"); and

WHEREAS,on May 13,2016,the Court held an adjourned hearing on the Motion, at

which the Plaintiff and certain other individuals, and the Defendant, appeared and were heard,

and the Court closed the record and reserved decision.

The Plaintiff's Motion for Contempt

WHEREAS,the Plaintiff requests that this Court hold the Defendant in contempt ofcourt

based on, among other things, perjury and false claims, abuse of process, harassment ofthe

party, bad faith litigation and dilatory tactics, and evidence and witness tampering; and

WHEREAS,the Plaintiff states, among other things, that the Defendant bribed her

previous attomey and directed her to harass him, as well as to hinder, delay, and evade the

speedy resolution ofthis Adversary Proceeding; and

WHEREAS,the Plaintiff states, among other things, that the Defendant committed

perjury by denying "almost every paragraph in all 3 of[his] complaints"; and

WHEREAS,the Plaintiff states among other things, that the Defendant delayed the

discovery process, and prevented it from being completed, as a result of"misconduct during

depositions, in addition to perjury"; and

 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/16 13:32:25

WHEREAS,the Plaintiff attaches to the Motion excerpts from the transcript ofa January

10,2014 deposition ofthe Defendant, and states that the statements made by the Defendant

"showQ that she is not credible and constantly commits perjury"; and

WHEREAS,the Plaintiff states, among other things, that the Defendant abused the

"process ofthis Court" by filing a "false, frivolous, harassing petition in Family Court.. and

WHEREAS,the Plaintiffstates, among other things, that the Defendant ^tampered with

[him] as a federal witness and attempted to jail [him]for 6 months through manipulation ofthe

Family Court"; and

WHEREAS,the Plaintiffstates, among other things, that the Defendant committed

perjury in Family Court; and

WHEREAS,the Plaintiffstates, among other things, that the Defendant abused the

discovery process and committed perjury in this Court and in her January 10,2014 deposition by

refusing to authenticate her financial disclosures; and

WHEREAS,the Plaintiff incorporates by reference and attaches as Exhibit B to his

Supplemental Motion his letter to the Court dated October 22,2015 [Docket No. 243](the

"Letter"); and

WHEREAS,the Letter states, among other things, that the Defendant did not notify the

Plaintiffof her non-appearance at the September 11,2015 hearing and other hearings, and that

this failure violated a Court directive "that Svenson must communicate with [the Plaintiff]"; and

WHEREAS,the Plaintiff states, among other things, that the Defendant's non-appearance

was intentional, and constitutes bad faith, harassment and "evidence of her unclean hands and

abuse of process."
 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/16 13:32:25

The Standard for Contempt

WHEREAS,

A party may be held in civil contempt for failure to comply with a court order if
"(1)the order the contemnor failed to comply with is clear and unambiguous,(2)
the proof ofnoncompliance is clear and convincing, and(3)the contemnor has
not diligently attempted to comply in a reasonable manner."

Paramedics Electromedicina Comercial, Ltda. v. GEMed.Sys. Info. Tech., Inc.,369 F.3d 645,

655(2d Cir. 2004), quoiing King v. Allied Vision, Ltd.,65 F.3d 1051, 1058(2d Cir. 1995).

Whether the PlaintiffHas Shown that the Defendant Failed To Comply with a Court Order that
Is Clear and Unambimious

WHEREAS,the first element required to hold a party in civil contempt for failure to

comply with a court order is that the court's order that allegedly was violated is clear and

unambiguous. Paramedics,369 F.3d at 655; and

WHEREAS,"'[a] clear and unambiguous order' is one 'specific and definite enough to

apprise those within its scope ofthe conduct that is being proscribed.'" Medallic Art Co. v.

NovusMktg, Inc., No.99-CV-502,2003 WL 22053130, at »l (S.D.N.Y. Sept. 2,2003)(quoting

N.Y.S. Nat'I Org.for Women v. Terry, 886 F.2d 1339, 1352(2d Cir. 1989)); and

WHEREAS,the Plaintiff has not identified a specific Court order with which the

Defendant has not complied; and

WHEREAS,the Plaintiff has not identified conduct of the Defendant that violated a

specific Court order; and

WHEREAS,based on the entire record, the Plaintiff has not met his burden to establish

that the Defendant failed to comply with a Court order that was clear and unambiguous.
 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/1613:32:25

Whether the PlaintiffHas Shown that the Evidence ofthe Defendant's Noncompliance Is
Clear and Convincing

WHEREAS,the second element required to hold a party in civil contempt for failure to

comply with a court order is that the evidence ofthe contemnor's noncompliance is clear and

convincing. See Paramedics^ 369 F.3d at 655; and

WHEREAS,the "clear and convincing standard requires a quantum of proof adequate to

demonstrate a 'reasonable certainty' that a violation occurred." Leadsinger v. Cole, No.05-CV-

5606,2006 WL 2266312, at *9(S.D.N.Y. Aug.4,2006)(quoting Levin v. Tiber Holding Corp.,

Ill F.3d 243,250(2d Cir. 2002)); and

WHEREAS,the Plaintiff has not identified a specific Court order with which the

Defendant has not complied; and

WHEREAS,the Plaintiff has not identified conduct ofthe Defendant that violated a

specific Court order; and

WHEREAS,based on the entire record, the Plaintiff has not met his burden to establish,

by clear and convincing evidence, a "reasonable certainty" that the Defendant failed to comply

with a Court order.

Whether the PlaintiffHas Shown that the Defendant Did Not Dili2entlv Attempt To Comply in a
Reasonable Manner

WHEREAS,the third element required to hold a party in civil contempt for failure to

comply with a court order is that the contemnor did not diligently attempt to comply in a

reasonable manner. See Paramedics, 369 F.3d at 655; and

WHEREAS,"there can be no finding ofcontempt if it has been shown that the alleged

contemnor has been 'reasonably diligent and energetic in attempting to accomplish what was

ordered.'" Leadsinger v. Cole,No.05-CV-5606,2006 WL 2266312, at *9(S.D.N.Y. Aug.4,

 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered 05/31/16 13;32;25

2006)(qiioling Equal Emp 7 Opponimily Comni 'n Laca! 63iS. 733 F.2d 1 172. 1 178 (2ci Cir.

1985)); and

WHEREAS,the i'laintiffhas noi idenliHed a Coiiri order with which the Defendant has

not complied: and

WMEREAS. the Piaintiffhas not idenlined conduct ofihe Defendant that violaied a

specific Couit order; and

WHEREAS, based on the entire record, the PiaintilThas not met his burden to establish

that the Defendant did not diligent!}' attempt to. comply w ith this Court's orders in a reasonable

manner.

WHEREAS, based on the entire record, the Plaintiff has not met his burden to establish

the elements ol'his claim for civil contempt against the Defendant: and

WHEREAS, based on the entire record, the Piaintiffhas not otherwise established that he

is entitled to the relief that he seeks.

NOW,THEREFORE, it is hereby

ORDIiRED. that based on the entire record, the Plaintiffs Motion for Contempt is

denied.

■/
Dated: Brooklyn, New York Elizabeth S. Stoii'iL 3
May 27,2016 United States Bankruptcy Judge
 Case 1-12-01229-ess Doc 296 Filed 05/27/16 Entered Q5/31/16 13:32:25

TO:

Michael Krichevshy
4221 Atlantic Ave
Brooklyn,NY 11224

Elena Svenson
2620 Ocean Parkway
Apt 3K
Brooklyn,NY 11235

7
Michael Krichevsky
4221 Atlantic Ave
Brooklyn. NY 11224
718-687-2300

By email.
May 3,2020

WOODS OVIATT OILMAN,LLP.

500 Bausch & Lomb Place
Rochester, New York 14604

Att: Aleksandra K. Fugate and Brittany J. Maxon Re: Chapter 11 case # 1-19-43516-ess
Property: 4221 Atlantic Ave., Brooklyn, NY 11224

Dear attorneys:

Upon reviewing the proofofclaim filed by your firm in this case, 1 noticed that attached to
it limited power ofattorney(POA)as Exhibit is incomplete. Therefore, it is misleading the court
and I, and accordingly is void as evidence ofauthority to appear in this court. You know very well
that I challenged this authority in State Court for years and it was never proven or shown on the
record.

At the beginning of copy of POA written,"The trusts identified on Schedule A (the

"Trusts")-.." However, no Schedule A attached to this copy ofPOA.

As such, I am unable to verify what trust identified by this POA gave you authority to
appear in this court. If this is inadvertent omission, please, amend or supplement your proofof
claim and email me ASAP a copy of Schedule A mentioned in this limited power of attorney.

Please take notice, because ofthat, I am unable to finish my reply to your motion for relief
from stay. ,

Sincerely

/s/ Michael Krichevsky

Michael Krichevsky
cc: US Trustee, Nazar Khodorovsky
Clerk of Bankruptcy Court, Sheree Jackson,
EXHIBIT C
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

US Bank National Association, as Trustee for Mortgage Pass-

Through Certificates, Series 2006-F, ABTIDAVrr OF ■
MERITAND
Plaintiff, AMOUNTS DUE AND
OWING
-against-
Ihdex No.; 25477/09
Michael Krichevskj', Capital Resources Corporation,National
City Bank,New York City Environmental Control Board,New
York City Parking Violations Bureau,New York City Transit
Adjudication Bureau,
Defendants.

Mortgaged Premises; 4221 Atlantic Avenue Brooklyn,NY 11224

Block and Lot information numbers: 7026 53

STATE OF North Carolina)

COUNTY OF Mecklenburg) SS.:

AnishaN. Sims, being duly sworn,deposes and says:

1. I am Vice President Loan Documentation of Wells Fargo Bank,N.A.,the servicer for the
Plaintiff and as such am authorized to execute this affidavit and to make the
representations contained herein,

2. I have access to the business records relating to the loan at issue herein, which are
• maintained in the course of regularly conducted business activities. I make this affidavit
based upon my review ofthe facts contained in those records.

3. U.S. Bank National Association, as Trustee for Banc of America Funding Corporation
Mortgage Pass-Throu^ Certificates, Series 2006-F is in possession of the Promissory
Note. The Promissory Note is duly indorsed to U.S. Bank National Association, as
Trustee for Banc of America Funding Corporation Mortgage Pass-Throu^ Certificates,
Series 2006-F.

001-NY-V8
 4. There is in fact a default under the terms and conditions of the Promissory Note and
Mortgage, because the May 1,2009 and subsequent payments were not made.

5. The Plaintiff was not required to send the borrower a 90 day pre-foreclosuie notice
because in accordance with the statutory requirements in effect prior to January 14,2010,
the loan exceeded Fannie Mae's conforming loan amount

6. Because the Plaintiff was not required to send a 90 day pre-foreclosure notice in this
matter it did not make any filing regarding said notice wilh ^e superintendent ofbanks.

7- In accordance with the provisions ofthe Mortgage, a notice of default was mailed to the
mortgagor(s) at the last known address provided to this institution by the mortgagor. The
default stated in said notice was not cured. A copy ofthe notice of default is attached to
this application.

8. Based on the default. Plaintiff elected to call due the entire unpaid principal balance
together with interest and disbursements, including reasonable attomey fees and costs,
allowable under the terms ofthe Promissory Note and Mortgage.

The total amount due the Plaintiff on said Note through July 19,2013 is $932,147.45; which
breaks down as follows:

Principal $746,256.13

Xnterest $144,337.93
From 04/01/2009 tQl2/3J/2010 @6.50% $84,886.63
01/01/2011 to 12/31/2011 @3.00% $22,387.68
01/01/2012 to 12/31/2012 ^.25% $24,253.32
01/01/2013 to 07/19/2013 @3.125% $12,810.30

Pre-acceleration ILate Charges $323.36

Hazard Insurance Disbursements $22,073.34

Tax Disbursements $19,156.69

Property Inspectibns/Pres^ation $0.00

PMC/MEP $0.00

Other(specify charges/fees) SO.OO

001-NY-V8
 Escrow Balance Credit $0,00
Credits to Borrower $0.00

Total $932,147.45

Per diem interest in the amount of$63.89 will accrue on the principal from July 19, 2013 to the
next interest rate change date and accrue thereafter in accordance with the variable rate as set
forth in the Note.

THIS SPACE INTENTIONALLY LEFT BLANK

BY

001-NY-V8
 9. In accordance with the terms of the Promissory Note and Mortgage, Plaintiff may
advance additional monies for the payment oftaxes, insurance, and/or the maintenance of
the premises in order to protect its security interest

AnishaN. Sims
Vice President Loan Documentation
Wells Fargo Bank,NA
07/24/2013

State ofNorth Carolina.

Comity of Mecklenburg

The Foregoing instrument was swom to and subscribed before me this S9'"^'day of
W1 u ■ 20i'£>.bv
■" in, <?
? 0") > -■ known to
who is personally
me.

^/j n in
FRANKIE HARRIS i-rrjntiP H-ra Yr/S
NOTARY PUBLIC Notar^^PubHc, State of t-o/rAa
^Mecklenburg County, North Cerolina My Commission expires: ,6//1 :^0/7
My Commission Exprfras.-^ j {j 3^; -j

UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT

STATE OF NORTH CAROLINA)

COUNTY OF MECKLENBURG) SS,:

On the Q<^'^ay ofr]ulu in. the year before me, the undersigned,
personally appeared H-ni .5H/gf S iiY^<r personally known to me or proved to me
on the basis of satis&ctory evidence to be the individual(s) whose name(s) is(are) subscribed to the
within instrument and acknowledged to me that he/sha^they executed the same in his/her/their
capaci1y(ies), that by his/hei/&eir signatuie(s) on the instrument, the indi^'idual(s), or the personal
upon behalf of which the individual(s) acted, executed the instrumei:± and that such individual
made such appearance before the undersigned in the C\ \r\n;r 1 n-fl-f. M D v-hk Cn rolin/i
(Insert the city or political subdivision and the state or country or other place the
acknowledgment was taken).

nnKi 'r> <0-

(Notary PubUcl ^ ...
My Commission expires: NOTARY !
PUBLIC
001-NY-V8
 Wells Faigo Home Mor^;^
P.O. Box 9039
Temccala,Ca 92589-9039

2521fl3717a
III
July 12,2009
«7/708DAY30/NY

IvKSAEL KRICHEVSKY
4221 ATLAiraC AVENUE
BROOKLYN,NY 11224-1023
(iitHifiUiiliiiilililiiliiilillniiililiillnilfiiiiliiitill

Dear BorrowBr(s):

Our records indicate that your loan is in default Unless the payments on your ban can be brought currait by August 11,
2009, it wU become necessary to acc^erate your Mortgage Note and pursue the remedies provided for in your Mor^ge or
Deed ofTrust The total delinquency against your account as oftoday's date is as follows:

PastDue Paymeits S 13,03521

Late Charge Balance S 242.52
O&erFees s 0.00
Suspense Balance -s 0.00
Total Ddinquency as ofJuly 12,2009 $ 13,277.73

Payments due in next 30 days s 4,345.07

Total dne to cure default and bring loan currraat as of August 11,20O9 $ 17,62^80

Your feilure to pay this delinquency, plus additional paymarts and fees that may become due, will result in the acceleration
of your Mortgage Note. Once acceleration has occuned, a foreclosure action, or any other remedy pamitted under the
tenns ofyour hdor^age or Deed ofTrust, may be initiated.

You have the to reinstate yotn- Mortgage Note and Mortgage or Deed ofTrust after acceleration. However,any future
negotiations attempting to reinstate your loan or any payment of less than the full amoimt due diall not constitute Wells
Fargo Bank, N,A.'swaiver oftiie acceleration rmless agreed to,in writing, by WeHs Fargo Bank, N.A and m^be retumed.
Iffijreclosnxe is initiated, you will have Ihe right to refute the existence ofa default or offer any oth©: defense to acceleration
you may deem sgjpropriate. You have the right to bring a court action to assert the non-existence of a defeult or any otiier
defonse you may have to acceleration and sale.

To avoid the possibility ofaccderation youmustpay;

$33,277.73 By July 31,2009,2:00 FM.Central Time or

$17,622.S0 By August 13,2009 2:00 P.M. Central Time,

in CERTIFIED funds, to "Welts Fargo Home Mortgage I Home Campus, X2302-04A, Des Momes,lA 50328. Iffiinds are
notreceived by the eibove stated time,we will proceed with acceleration.
We ace required by Federal Law to notify you of the availdjilily of government ^Jproyed Imme owneshtp counseling

427.W8r)A"OOJWjO
ageacies designed tx) help homeowners avoid losing Ifaeir home. To oht^ a list ofapproved cotmseling agenoira for your
stale please 1-800-569-4287. We urge you to give this matt®-your immediate attention.

If you.would like to discuss "the present condition of your loan, or if we can be of fiixther assistance, please call our loan
Service Representattves at 1-800-416-1472, Monday throng Friday, 8:00 AM to 8:00 Plvl, Central Time, This
conmruincation is an attempt to collect a debt and say informatioa obtained will be used for that purpose. However,if you
have received a discharge ofthis debt in bankruptcy or are currentiy in a baukruptry casei, (his notice is rart intended as an
attempt to collect a debt and, this company has a security interest in the property and will only exercise its rights as against
the property.

Sincerely,

Wells Fargo Home Mortgage

Defeuit ManagementDepartment

427.70g.DAY30.T>ri'J2
EXHIBIT D
 ® dfdSCntb
INITIAL INTEREST®^ ADJUSTABLE RATE NOTE
(l-SearllEOE Index -Kate Caps)
(Assnntable after luifial Paiod)
TBTTS note contains HtCVlSIONS AIXCWING FOR CHANGES IN MY INTEKEST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AJND THE MAXIMUM RATEI MUST
PAY-

tPate] ICHy] [Stale]

4221 ATLANTIC AVJSNUE
BROOKLYN.NEW YORK 11224
P>ropBriy Address]

1. BORROYVER'S PROMISE TO PAY

la xetum for a loan thatIliave received,1 piomise to U.S. $ 747.600.00 (this amoani
is called TPiincipal"), plos interest, to die order ofthe Le^er. The Lender is
PAmMONT MINDING LTD.A NEW YORg CQPPORATlON

I will inalce all payments ■under this Note in the form pf casb, ched: or money order.
I nndeistand thai the Lender may transfer this Note. The Lender or anyone who talces this Note "by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Laerest"winijediarged onin^jaidpiinc^altmulibejSillainoTmiofPrind^ has "been paid. I -will pay
interest at a yearly rate of AS00_S5. Theinterest rate I wiE pay. will change in accoidance -^ifh
Section 4 of this Note.
The interest rate required by fliis Section 2 and Secfion 4 of this Note is the rate I will pay both before and
after any default described in Section 7(B) of fiiis Note.

3. PAYMENTS
(A) Time and Place of Payments
I wH TTiaVft a payment cvciy month on the first day of the month beginning on FEBRUARY 01 .
2006 . I will make these paymenis eveiy month until 1 have paid all of the principal and interest and an}'
other dbaiges described hdow that 1 may owe under this Note. Eacih mcmtbly payment win be applied as of its
scheduled dtie dare and if the p^jment consists ofhodi principal and interest, it ■wiD be applied to interest before
PrincipaL If on JANUARY 01 . 2036 .1 siili owe amounts under this Note. I will pay those
amnimts in fbU on that date, which is called the "Mamriy Date."
I win. make icj' mcmihly ptymeuts at 1333 60TBC STREET. IJOELOOR
BROOKLYN. NEW YOSK11219
or at a different place if required by the Note Holdcx.
(B) Amo"nnt of My Initial Monthly Payments
Before the first fully amonizing piinc^al and interest ptyment due date stated in subsection (Q hdow (the
"First P&T Payment Due Date"), my monthly payments -will be only for the interest due on the mgjaidpxiad^
of fliis Note.
Eadi erf my initial monthly payments will be in the amount of U.S. $ 4.049.50 . This amount
may change in accordance with subsection (C) bdow.
(Q Monthly Payment Changes
The Firsi P&I Payment Due Date is the first day of FEBRUARY 2011
LOANNO.r CS184S .
MINNO.: 100294S0003201S4S3 Initials IL.
MULTISTAXE initial interest adjustable Rate note - l-Tear LIBOR Indoc (Assmosible after Initial PeriDdj - Sizigic Bansly -
FreddHItdac'DNIFOBM INSTItUMENT
2>oc35repiS1ezwces,JDvc FOJ(M -wsssj7j««4 Psgt 1 of 5 Form 5537 5/04 (rev- 7/05]
ORIGINAL
 Prior to the First P<Sd Payment Due Date, my monthly pajmc^ dhange to lefiect chaoges in the
interest rateI must pay in accordance wth.Section 4 of{his Note or to reflect changes in the unpaid principal
of my loan in accordance with Section 5 of this Note. Begmning ■Wiith die First P&I Pajment Due Date niy
monthly payment will change to an amoimt sofficient to repaj' the princ^al and interest at die rate described in
Section 4 of this Note.
Before the ejSective dale of any change in my monthly paymsni, tie Note Holder will deliver or mafi to me
a nonce of the change in accordance with Section 8 of this Note. Tie notice will indnde the title and tdejihone
TTUm'ber of a jjeison who wOl answer any question I have regarding tie notice.

4. INTEREST RATE AND MONTHLY PA.T1VIENT CHANGES

(A) Interest Change Dates

Tie interest rate I will nav may change on the first day of JANUARY 2011- . and -may
change on that day every 12ti month liereaftcr. Each date on which my interest rate conld change is cdled an
"Interest Change Date."
(B) The Index
Beginning with the first Interest Change Date, my interestxate win be based onan index. The "Tndf-x" is
die one-year London Interbank Offered Rate ("UBOR'O die average of interbank: offered rates for
one-year U.S. dollar-denominated dq>osiis m the London market, as pnblisied in The Wall Street Journal. Tie
most recent Index fiignre available as of the date 45 days before each Inlcicst Change Date is called the "Cttiiem
index."
If tie Index is no longer avaUaile, the Note Holder wiH choose a new index whidi is based tqion
corcpajablc informalion. ThcNotcHolder win give me notice of this choice.
(C) Calcnlation of Changes
Before each Interest Change Date, the Note Holder wtill calculate my uct,' imerest rare by adding
T^'O AND 2SO/10O0 percenrage point^s) f 2^50 %) to the Current Index. TheNoteHolder
win then round the result of this addition to the nearest one-eighth of one pcrcenlage point (0.125%). Subject
to the limits stated in Section 4<D) bdow, this rounded amount will be my new interest rate i-mtn' Oie next
Imerest Change Date.
Tic Note Holder win then detennine the amount of 1113' monthly payment. For payment adjustments
occurring before the First P&I Payment Due Date, my monthly payment wili be die amount sufficient to i^ay
all accrued interest each month on the m^taid principal balance ai the new interest rate. For payment
adjustments ocairrLng on or after the Pmst PrH Payment Due Date, my mondily payment wiH be an amount
sufficient to repay the nrpaid piinc^ tliat I am expected to owe at the Interest Change Date in fuR on the
Matnrity Date at my new interest rate in sabsianfially equal payments. Tie result of this calcnlation will be the
new amount of my monfhly payment-
CD) Limits on Interest Rate Changes
Tie interest rate 1 am required to pay at the first Interest Change Date will not be greater than_llAOO_%
or less than 2.250 %. Thereafter, my interest rate "wiD. never be increased or decreased on any single
imerest Change Date by more than TWO AND QOfl/iOOQ percentage poinr(s} ( 2.OOO %)
from therateof inttaest 1 havcbccnpaying for the preceding 12 months. My interest rate-5^ never be greater
Than 11.500 %.

(E) EfTecti^'e Dace of Changes

My new interest rate wlQ become ^ective on each interest Change Date. I wSl pay the amounr of my nw
mouMy paymcnr begnming on the first monthly payment dale after Ihe Interest Change Date until the
of my monMy paymeni changes again.
(F) Notice of Changes
The Note Holder win deliver or mail to me a notice of any changes in my .roferest rate and the amount of •
my monthly payment before the effective date of anj' change. Thenotice -will include bfoimation lejuired by
law- to be given to me and also the uile and telephone number of a person who ■ft'ill answer any question. I may

Initials jh. /.C.

MULTL5TATE IT^rnAL INTEREST Alt JD.STAlLE KAIE NOTE-l-Vear HffiOR lades (AsyansibUafur tnits»J Period) -Siagre&nnly-
FrtddleJvfet tlNIFORM INSmiJMEKT
JOoo-jispSa'yjas.jbK. k>sm •MSiOTJww Pagt -2 of 5 Form SS37 5/04 (rev. 7/05)
ORIGONAL
5. BORROWER'S EIGHT TO HIEPAY
I have the rigLi to make payments oiPiincqial at any time before thay are dne. A pajmenl of Principal
crnly isknown as a "'Prepaymeiii.'' When I make a Prepayment, I mCLieil die Note Holder in wriiing thatI am
doing so. Imaynot designateapsymenlas aPrrpaymmt iflhave not made all the mondily pzymcnts due
under the Note.
I may make a fuC.Prspaymsni or pardal Prgjaymenis ^itbota pajdng a Pit^eyment charge. lie Note
Holder ■Rill use irry Pr^ymcnts to reduce the amount of Principal that I owe under this Note. However, the
Note Holder may apply iqy Prepayment to flie accrued and urjiaid interest on the Prepajmenl amount before
applying my Prepayment to lednce tie Princ^al amount of the Note. If I make a partial Prepayment, there
>v rhrmoF^ in l-Ti^ i^ni' ArTrg nf-my TnoTiT'hty pgymr-nT imlfys rhf^ Note Holder agrees in "Writing tO the
changes.
If I make a partial Piq)aymeat during tite period ending with the due date of my last interest only monthly
payment, mypmiial Pr^^ayment wiQ redncc lie amount of my monthly payment. If I TnaVir a partiri
Prepayment after the last interest only montiily payment, my partial Prt^raymeni may reduce the amount of my
monthly payments beginning with the monthly payment dne after tiie Interest Change Date following the partial
Pr^aymeni. .After tie first Interest Change Dale, any redaction due to my partial Prepayment may be offset by
an interest rate increase.

6. IXIAN CHARGES

If a la-R', wiicih. ^lies to this loan and which sets maximnni loan charges, is finally intoprcted so that the
interest or other loan charges collected or to be collected in connection witii this loan exceed the permitted
limits, lien: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
pennitted limit; and (b) zsy sums aliead}* collected fiomme "which exceeded permitted limits win be refunded
to me. The Note Holder may choose to make tiiis refimd by reducing die Principal I owe under tins Note or by
making a direct payment to me. If a refimd reduces Principal, the reduction will be treated as a partial
Prepayment.

7. BORROWER'S FAILGRE TO BAY AS REQUIRED

(A3 I-ate Charges for Overdue Payments
If the Note Holder has not received tiie fuH amount of aj^ monthly payment by the end of_^5_ calendar
da>'s after "the date it is due, IwiRp^.a late charge to the Note Holds. The amcfunt of die charge "wlQ be
2.000 % of my overdue payment of interest during &e period when my paymeol is interest only,
and of principal and interest after that I will pay this late charge prorcg>tly but ordy once on each late payment
(B) Defauli
If I do not pay tiie fell amount of eachmontbly payment on tim date iris dne, I wiR be in defeulL
(Q Notice ofDefault
Iflam in default, the Note Holder may send me a written notice teUrag me thai if I do not pay the overdue
amount by a certain date, iheNoteHoldermay requiieine to pay Immediately the fuB amnTTrit of Prmcqial
whidi has not born paid and all the inrextst that I owe on that amounL Th:a r riaff Tnngr "hp at "^Q days after
the date on which the notice is mailed to me ox delivered by other means.
(D) No Waiver By Note Bolder
Even if, at a time when I am in defkdi, the Note Holder does not require mc to pay innnediatdy in full as
described above, the Note Holder will stiR have tiie ri^t to do so if I am in defeult at a later time.
(E) Payroeut of Note Holder's Costs and E:q)aises
■ If the Note Holder has required, me to pay immediaxely in foil as described above, the Note Holder will
have the right TO bepaidbackby me for all of its costs and capenses in eaiforcing this Note to the extent not
prohibited by ^licriblc law. Those expenses include, for example, reasonable attorneys' fees.

S. GIVING OF NOTICES

Unless ^licable law requires a different method, any ootice that must be given to me under fliis Note "will
be givenby delivering ir or by maHing it by first class rnafl to me at the Property Address above or at a
riif^rgTydnrgg^^oTV|jv^oT^^der a notice of my different address.

Tuitaals /i^j. if,

^fUI/TISXATE IN I'V'i A.T. h.K.E«?X AX)JXJSXA3XE !R^TE • 1-7ear LJBOR Izkdex (AsseoiabU alter pEri&d) - Snigltt PssnSy -
Fnddie 2v£ac DNDFOJRM
Docft£pSEimcss.Juc. ronM-xissssTH-saJ Page 3 of 5 Form 5537 5/04 (rev. 7/05)
OJRICTNAL
 Ally notice [hat mxist bt given 10 the Note Holder under this Note will be given by ddivciing it or by
mailing it by first class mail to the Note Hold^ at tie address stated,in Section 3(A)'above oi al a different
address ifI am given a notice of tbal different address.

9. OBLIGATIONS OF PERSONS tnsT)ERIHIS NOTE

IfmoreGian oncperson signs tbis Note, each personisiblly and personal^ obligated \o keg> all of tbe
promises made in this Note, inctaduig the promise to pay die full amount owed. Any person who is a
gaaiantor, sureQ' or endorser of dsis Note is also obligated to do these things. Any person who tal^s over these
obligations, including the obligations of a gnaraaior, smely co" endorser of this Note,is also obligated to iecp
aU of the promises made in this Note. The Note Holder m^ enforce its rights tmdex this Note against each
person indrvidualty or against aH of ns together. This means that any one of us may be reqoiied to pay all of
the amotmts ovved under this Note.

10. -WAIVERS

I and any cdier person who has obligations under this Note waive the rights ofPresentment and Nodce of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amoTmrc due.
"Notice ofDishonor" means the right to require die Note Holder to give notice to other persons that amounts
due have not been paid.

11. UNTTORM SECURED NOTE

This Note is a uniform instmrueni with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed
(the "Security Instiumenr"), dated the same date as this Note,protects the Note Holder from, possible losses
which might xesult ifI do not Iceqi fhepromiscs which I make in flris Note. Thar Security Instrtoneni describes
how and under what conditions I may be required to make immediate paj'ment in full of all amounts I owe
under this Note. Some of hose conditions arc described as follows;
(A) UNTIL MY INmAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN
SECTION i ABOVE,UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED
AS FOLLOWS:
Transfer of the Propafy or a Ben^ciallaterest in Borrower. As used in this Section IS,
"Interest in the Property" means any legal or beneficial interest in the ProperT>', including, but not
limited to. those beneficial interests transferred in a bond for deed, contract fox deed, Lnstallmcni sales
coitoci or escrow agreement, fiie intent of which is die transfer oftitle by Bccrower at a future date to
a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natuialpeison and a beneficial interest in Borrower is sold or ttansforei^ without
Lender's prior written consent. Lender may require immediate psrymeni in MI of all sums secured by
this Sectiiity Instrument. However, flris option shall not be exercised by Lender if such exercise is
prohibited by Ajplicable Law.
IfLender exercises this cption. Lender shah give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance wife
Section 15 within which Borrower most pay aH sums secured by this Security InstnimenL IfBorrower
fails to These sums prior to the expiration of this perii^, Lender may invoke any remedies
permitted by this Sccoritj' Instrument wifeoul fuifecr notice or demand on Boixower.
(B) AFTER MY INITIAL H-OmEST RATE CBLANGES UNDER THE TERMS STATED IN
SECTION 4 ABO^E,UNIFORM COVEN.ANT 18 OF THE SECURITY INSTRUMENT DESCRIBED
IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT
18 OF THE SECURIIT INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS:
Trarxfw of the Property or a Beaefidal Interest in Borrower. As nsed in feis Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, indoding, but not
limited to, those boKficial interests transfcircd in a bond for deed, contract for deed, installment sales .
contract or escrow agreemeut, fee inient of which is fee transfer of title by Borrower at a future date to

ivtUiyimX'A.r i:, INIHAI.jD^miSiESX ah 11 is j'AWry.TTATE ^Ojus.- X-Vear cmOR (AssomabU after Period)-Ssxgje RnSy -
Fr«l(HeJ.lac UNIFORM CNSTKUMEItT
DoavsfSESTJds.I/fc pDXM-wsssTOA®5M Pagc4 of5 Form 5537 5/&4(rev. 7^05)
ORICaCNAl.
 mk
w

Ifall or any part offhc Property OT any Interest in the Propeny is sold or ttansfeired (or if
BcixDwer is not a natural person and a beneficial interest in Borrower is sold or transferred^ withont
Leader's prior written consent. Lender niay leqnire immediate payment in full of all anm secured by
tiiis Security InstrumcnL However, tins option shall not be exercised by Lender if such cxerdsc is
prohibited by Applicable Law- Lender also shall not exercise tins option if: (a)Borrower causes to be
slibmitted to Lender infarmation reqtdiEd by Lender to evaJoate the transferee as if a new loqji
were being made to the transferee; and(b)Lender reasonably determines that Lender's security wiH not
be rrnpaired by die loan assmnption and that die fisk of a breach ofany covenant or agreement in this
Secnrity instrument is acceptable to Lender.
To the extent permitted by Applicable Law,Lender may charge a leasonahie fee as a condition to
Lender's consent to the loan assnrnption. Lender may also requixe the transferee to sign an assnnption
agreement that is accq>t2Lble to Lender and that obligates the transferee to keg> an the promises and
agreementsmadeinchcNoteandinthisSccaiitj'lnstramcnt. Borrower will confimic to be obligated
under the Note and this Security Instnnneni unless Lender ideases Borrower in writing.
IfLender exercises die cption to require immediate payment in fiill. Lender ghaij give Borrower
notice ofaccdcration. The notice shalprovide a period of not less than 30 days from die date the
nofice is given in accordance with Section 15 wifhin which Borrower must pay all sums secured by this
Security Instcumeni. IfBoirower fails to pay these sums prior to the erpiration ofthis period. Lender
invoke any remedies pennitfed by this Secnrity Ihstrament without farther notice or demand on
Borrower.

WTIKESS THE HANE>(S) AND SEAL(S) OF THE UNDERSIGNED

PAY TO

wrwoirrREcoiiRsg
-Borrower Boi ower
MICOaAELZRICHEVSKy

Fdfwner, Sr. Vice Ptstidtnt

F3C?TKyT<Pi>ivSar> !»<

-jforrower

_(SeaI) (Seal)
-Borrower -Boirower
**US BANR NATIONAL ASSOCIATION AS TRUSTEE FOR BANC OF ApIRICA
FUNDING- CORPORATION MORTGAGE-BASS-THROUGH CERTIFICATES
SERIES 200.6-F s

^ liA

'ATEINITIAL DfTEREST ADJ USTABLE RATE NOTE -l-Vear LmOB.Index (Assnoable-niter Period)-Sts^e EaoSy •
Freddie Mac UMFORM INSTRUMENT
■nrmTP Slpgjcss. Inc. fokm-21SSS37K.8sm Page 5 of 5 FormSS37 S/U frev. 7/0^
LOAN NO.; : CSl^^
EXHIBIT E
 INITIAL INTEREST™ ADJUSTABLE RATE NOTE
(i-Year UBOR Lidex •Rate Caps)
(ARSuinable after Initial Period)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST
PAY.

DECEMBER 14 , 200S BROG^'-YN . NEW YORK

, , jcityi
rcity] [State]
4221 ATLANTIC AVENUE
raOOKLYN,NEW YORK 11224
(Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, J pronuse to pay U.S.$ 747.600.00 (this amount
Is caUed "Principal"), plus interest, to the order of the 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 takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST

InterestwillbecbargedonunpaldpnncipaiuntiUbefullamoumofPrincipal has been paid. I will pay

interest at a yearly rale of 6.500 %. The interest rate 1 will pay will change in accordance with
Section 4 of this Note.
The interest rate lequiied by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any default described in Section 7(B)of this Note.
3. PAYMENTS
(A) Time and Place of Payments
1 will make a payment every month on the first day of the month beginning on FEBRUARY 0l_,
— I will make these payments every month until I have paid all of the principal and interest and any
other charges described below.that 1 may owe under this Note. Ea^ monthly payment will be applied as of its
scheduled due date and if die payment consists of both principal and interest, it will be applied to Interest before
Principal.- If, on JANUARY 21_» _^W6_ ,1 still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
1 win make my monthly payments at 1333 60TH STRRRT.iNn FLOOR
BROOiaYN.NEW VORR 11219 -w.. x
or at a different place If required by.the Note Holder.
(B) Amounl of My Initial Monthly Payments
. _ Before the first My ataortizing principal and interest payment due dale stated in subsection(C)below (the
First P&I Payment Diie Date"), my monthly payments will be only for the interest due on the unpaid principal
of(his Note. . .
Each-of my initial monthly payments will be in the amount of U.S.$ 4.ft49..sn . Thi.s smmmt
may change in. accordance W'th subsection (C).below.
(C) Monthly Payment Changes . -
The First P&l Payment Due Date is the first day of February 7m 1
LOANNO.;_^^™yi___ " • '• '
MrNNO.i - InlUals /U /C
MULTISTATE INITIAL INTERBST ADJVSTADLB RATE N01B•l^Yiar UBOn laetx (Airanabl* afUr Inlilal Parted) - Sinfla ItemDy •
Freddie Mae mFORM INSTRUMBm '
DocpftspSBRYjces.lNc. ■■ • PagelofS Form5537 S/04(rev.7/OS)
ORIGINAL

^ T an
 ■'i
Prior to the First P&I Payment Due Date, my monlbly payment may change to reflect changes in the
interest rate 1 must pay in accordance with Section 4 of this Note or to reflect changes in the unpaid principal
of my loan in accordance with Section 5 of this Note. Beginning with the First P&I Payment Due Date my
monthly payment will change to an amount sufficient to repay the principal and iniefest at the tale described in
Section 4 of this Note.
Before the effective dale of any change in my monthly payment, the Note Holder will deliver or mail to me
a notice of the change in accordance with Section 8 of this Note. The notice will include the title and telephone
number of a person who will answer any question I may have regarding the notice.
4. l>frERJEST RATE A^^DMO^^^HLY PAYMENT CHANGES
(A) Interest Change Dates
The interest rate J will pay may change on the first day of JANUARY . 2011 . and may
"Imeres°c£lge^^ thereafler. Each date on which my interest rate could change is called an
(B) The Index

Beginning with the first Interest Change Date, my interest rate wiU be based on an Index. The "Index" is
one-year
Me-year U.S.London Interbank Offered
dollar-denominated Ratein("LIBOR")
deposits the Londonwhich is as
market, thepublished
average in
ofThe
interbank offered
Wall Street rates The
Journal. for
available as of the date 45 days before each Interest Change Date ia called the "Current
If the Index is no longer available, the Note Holder will choose a new index which is based uoon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Change Date, the Note Holder will calculate my new interest rate bv addine
.V
will men round the result of this addition to the nearest(one-eighth
2.251) of%)
onetopercentage
the Currentpoint
Index. The NoteSubject
(0.125%). Holder
IntwL^Ctoge Date 4(D).below. thia rounded amount will be my new interest rate until the next
"O- monthly payment. For payment adjustments
occurring belore the First P&I Payment Due Dale, ray monthly payment will be the amount sufficient to repay
all accrued interest each month on the unpaid principal balance at the new interest rate. For payment
payment will be an amount
wlin -t Interest Change Date in full on the
new amount? of
Vmy monthly payment. Jn substantially equal payments. The result of this calculation wUl be the
(D) Liraits on Interest Rate Changes

or Date will not be-greater than 11.500 %

Interest Change Date Kby more^ereafter,
than Two my ANnnan/innn
interest rate will never be increased or noimfal
percentaEc decreased< on 2any
Ofto single
from the rate^of interest 1 have been paying for the preceding 12 months. My interest rate will never be greater
(E) Effective Date of Changes
mnnuf?' effective on each Interest Change Date. 1 will pay the amount of ray new
montMy
01 payment
my monthly beginning
payment on the
changes first monthly payment date after(he Interest Change Date
again. until the
• amount
(F) Notice of Changes
Holder wUl deliver or mail to me a notice of any changes in my interest rale and the amount of
» i''®! u The notice wilUncludc information required by
have regarding"the telephone number of a person who will answer any question I may
LOAN
MINNO.: K-
^TICTA-ra INITIAL INTEREST ADJUSTABLE RATE NOTE - LV.ar LIBOR
Preddla Mae UNlPOEM INSTRUMENT
DocFASPSERvices.Inc. porm .Mamm-asM Page 2 of S Form SS37 S/04(rev.7/05)
ORIGINAL

1 *3 A n
 'fpliS
5. BORROWER'S RIGHT TO PREPAY
I have ibe righl to make payments of Principal at any time before they are due. A payment of Principal
only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder In writing that I im.
doing so. I may not designate a payment as a Prepayment if 1 have not made all the monthly payments due
under the Note. ' ,
I may make a ftill Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount ofPrincipal that 1 owe under this Note. However, the
NoteHolder may apply my Prepayment to the accrued and unpaid interest on Prepayment amount before
applying my Prepayment to reduce the Principal amount of the Note, jf i niake a partial Prepayment, there
wiU be no changes in the due dales of my monthly payment unless the Note Holder agrees in writing to the
changes.
If 1 make a partial Prepayment during the period ending with the due date of my last Interest only monthly
payment, myparbal Prepayment will reduce the amount of my monthly payment. If I make a . partial
Prepayment after (he last interest only rao_nlhIy payment, my partial Prgjaymenl may reduce the araouiit of my
monthly payments beginning with the monthly payment due after the Interest Change Date following the partial
Prepayment. After the first Interest Change Date,- any reduction due to my partial Prepayment may be offset by
an interest rate increase.

6. LOAN CHARGES
If a Jaw, which applies to this loan and which sets maximum loan charges, is finaUy interpreted so (hat the
interest or other loan charges collected or to be collected in coimeclion with this loan exceed the peimilled
limits, then: (a)any such loan charge shall b? reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collecied from mc which exceeded permitted limits will be refunded
to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by
making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment.

7. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of is calendar
days after ±e date It is due, I will pay a late charge to the Note Holder. The amount of the charge will be
% of my overdue payment of interest during the period when my payment is interest only,
and of principal and interest after that. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in defeult.
(C) Notice of Default
If1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holdermay require me to pay Immediately the fhll amount of Principal
which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after
the dale on which the notice is mailed to me or delivered by olber means.
(D) No Waiver By Note Holder
Even if, at a lime when I am in default, the Note Holder docs not require rac to pay inunedialely in full as
described above, the Note Holder will still have the right to do so if 1 am in default at a later lime.
fE) Payment of Note Holder's Costs and Expenses
Ifihe Note Holderhas required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to mc under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a
different addressif^ve the Note Holder a notice of my different address.
LOAN NO.:
MINNO.: InlUals JU 1/_
MULTISTATE INITIAL IimRHST ADJUSTABLE RATH NOTE - l-Vur UBOR fiSSST
Freddie Mee UNIFORM INSTRUMENT
iwc FORM.MSSSJ7N4SW Page 3 of 5 Form 5S37 S/04(rev. 7/OS)
ORIGINAL

11 cn
 Any notice that must be given to the Note Holder under this Note will be given by deUvering it or by
mailing it by fust class mail to the Note Holder at the address stated In Section 3(A) above or at a different
address If 1 am given a notice of that different address,

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fiilly and personally obligated to keep all of the
promises made in this Note, including the promise to pay the lull amount owed.. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over Ihese
ohligalions, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep
all of the promises made in this Note. The Note Holder may enforce its rights under this Note agaiiKt.each
person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.

10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due.
"Notice of Dishonor" means the right to require the Note.Holder to give notice to other "pwsoiis that amounts
due have not been paid.

11. UNIFORM SECURED NOTE

This Note is a uniform instrument with limited variations in some Jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed
(the "Security Instrument"), dated the same date as this Note, protects the Note Holder front possible losses
which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes
how and under what conditions I may be required to make immediate payment in full of all amounts I owe
under this Note. Some of those conditions are described as follows:
(A) UWIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN
SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED
AS FOLLOWS;
Transfer of the Properly or a Beneficial Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest In the Property, Including, but not
limited to, those beheficlal interests transferred in a bond for deed, contract for deed, instaHmenl sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to
a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transfened (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent. Lender may require Immediate payment In ftUl 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.
If Lender exercises this option, lender shall give Borrower notice of acceleration. The iwtice
shall provide a period of not less than 30 days from the date (he notice is given in accordance.with
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower
fails to pay these sums prior to the eviration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
(B) AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN
SECTION 4 ABOVE,UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED
IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT
18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS:
Transfer oflhe Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial 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 dale to
a purchase^^^^
LOAN NO.;
^No.: ^ii_
MULTISTATE INITIAL INTERHST ADJUSTABLE RATB NOTE - l-Ywr UBQR
Freddie Mae in<IFORM INSTRUR05KI
DocpssfJzswo./nc PORM.M5ss37N.8«e Page4of S Form5537 S/04(rev.7/05)
•ORIGINAL

1 /I d n
 IfalloranypaitoftheFnpenyox eoy lateiest in the Property Is sold or liaiufened (or if
Bonower is not a natoial person and Bben^isI interest In Bonower is sold or tiansfened) wiOmit
Lender's j^or written consent. Lender may require immediate payment In ftilj of^sums secured Iw
tbisSecdn^Insuumeiil. However, this o^on shall not be enerctBed by Loader if such esterdae is
prohibited by/^licable Law. Lender also ahall not exercise thte option if; (a)BonowteC8U8e8to'be
submitt^ to Lender infiumation required by Lender to evalnate the Intended transferee as If a new loan
were being made to the transferee; and (b)Lender reaaonabty determines that Lender's security will not
be hnpaiied by the loan assumption and that(he risk of a breach ofany covenantor agreement in this
Seeniity Instninent is acceptable to Lender.
To the extent permitted Applicable Law,Lender nuy charge a reasonable fee as a condition to
Lender's consmt to the loan assumption. Lender may also require the transferee to sign an assumption
agreement tbat is acceptable to Lento and that obligates the transferee to k^ all the promises dnd
agreements made in t& Note and in this Sediri^Instrument. Bonowet will continue to be obligated
under Uie Note and this Secori^ Instrument unl^ Lender rrieases Borrower in writing* .
IfLenda exercises(he option to require Immediate payment in ihU. Lender shall give .Borrower
notice of acceleration. The notice shall provide a paiod of not Icaa than 30 days horn the date the
notice giveo.in accordance with Section 15 within whi^toower mjisi pity aU sums secured 1^.this
Security Instnunent. If Borrower falls'to pay these sums pilof to(he eaqrlratlon of Oils .period, I^er
may invoke any remedies permitted by ttus Security bistnimeatwItboQt fiulher notice or demand on
Borrower.

WITNESS THE HAND(S)AND SBAL<5)OP THE UNDBRSKB^ED.

_
NA
_<«<*» / WBIHOUT^BaMBiaB
•Boixower. •Borrower
MICHAELKRICHEVSKY

Rmner.sr.
(S&l) fcwiftY Ifcl (Seal) -
•Bonower •notrower

(Seal) (Sea!)
•Borrower 'Borrower
*"*08 BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BANC OF
FUNDING CORPORATION MORJGAfigjeA®®-'*"^""''" nonrnTwrnainipe (wgnOriginal Only)
THROUGH CERTIFICATES
SERIES 2006-P

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of Bsno cf ^^"rr.rtr.n F'.mrSs'O FAFK30 hoiond « BMW w #« n««acatca,
" ^ vtaOtCUt racaiiaa. MgMjSQO PSBBS'TWC^^S" . jS
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>an vice"
MULITCTAISINITIAL fNTmcBST ADJliSTABLS BATS NOTB•l*Vtar UBOR tada (Anuis^aast labta(Vtrtad)-SiatI«Ibtnny *
madit Mfet ONVosM msntuMENT
Page5 of S PormS537 SfOSfrev. 7/OS)
LOAN NO.: |||_|^ ORIGINAL MlNNO.t
EXHIBIT F
KV
w
A' ..

INITIAL INTEREST®* ADJUSTABLE RATE NOTE

(1-Year UBOR Index - Rate Caps)
(Assiunable after Initial Period)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE1 MUST
PAY.

DECEMBER 14 . 2005 BROOKLYN . NEW YORK

[Dale] . ICityl [Stale]
4221 ATLANTIC AVENUE
BROOKLYN.NEW YORK 11224
Property Address] ..— .. -

1. BORROWER'S HROMISE TO PAY

' In return for a loan that 1 have received,1 promise to pay U.S.$ 747.600.00 (this amount

FAIRMONT FUNDING LTD. A NEW YORK CORPORATION

I will piaVe all payments under this Note in the fckim of cash, check or money order.
• 1 understand (hat the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to jeceivepayments under this Note is called the "Note Holder."
2. INTEREST
Inteiest willbechargedonaigiaidpiincipaluntilthefullainountofPrincipal has been paid. I will pay
interest at a yearly rate of The interest rate I will pay will change in accordance with
Sation 4 of this Note. ^
The interest rale requi^ by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and
after aiQ' defeolt described in Section 7(B)of this Note.
3. PAYMENTS
(A) Time and Piace of Payments
I will make a payment every month on the first day of(he month beginning on FKBRUARY fiL-•
2006. . I will Tnaifg these p^ments every month until I have paid all of(he principal and interest and any
other charges described bdow that 1 may owe under (his Note. Each monthly payment wiD be applied as of its
scheduled due date and if the payment consists ofboth principal and interest, it wiD be applied to interest before
Principal. If. on January oi , 2036 ,1 still owe amounts under this Note, 1 will pay those
amounts in fiill on that date, which is called the "Maturity Date."
I wiUmalfe my monthly payments at 1333 60TH a2NPFLOOR
BROdkLm Nl^ YORK 11219 ! I
or at a differ^ place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
/ Before .die first fuUy aniortizing principal and interest payment due date stated in subsection(Q below (tbe
"First P&I Payxnmt Due Date"), my monthly payments will be only for the interest due on the unpaid principal
of this Note". /
Each of iny initialmonthly payments will be in the amount of U.S.$ 4.049.50 . This amount
may change in accordance with ^section(Q below.
(C) Monthly Paymeia(^tUnge^
Tbe First P&l Payment Due Date is the first day of FEBRUARY , 2011 .
LOANNO.: a Ir
MINNO.: IniliBls yiA tC
MULHSTATE initial INIBBBST ADJUSTABLB hate NOIS•l>Yrar UBOR bdcx (Aisumalite afur IsUtsI Period)•Siagb -
Preddte Msc UNIFORM INSTRUMENT
DocfiiBpS^ytces.lHC. pobm-msssjomkm . ■ Page 1 of S FormSS37 5/04(rev. 7/OS)
. ORIGINAL
 * •"V-

Prior to the First P^ Payment Due Date, ray monthly payment may gTifln<>P> m reflect dmnees iti fh»
ray loan in accordance with SecQon 5 of this Note. Beginning with the First P&I Payment Due Date ™

afl no^
nntl^of
A*!?.?® ^ectivemdate
the change ofany change
areordance in my8monthly
with SecUon payment,
of this Note. Thethe Notewill
nodce Holder wfllthedeliver
include or mafl
tide and to me
telenhone
nnmberofapersonwho will answer any question I may have regarding the notice.
4. interest RATE Ah® MONTHLY PAYME^^PCSANGES
(A)Interest Change Dates
interest rate 1 will pay may change on(he first day of JTANUARV -mh
EschdaleonwWdl^^toest rate coMd^li
(B) The Index
Interest Change Date, my interest rate will be based on an Index The "Index" is
one year U.S. dollar-denominated dqmsits in die London market,^
as published inofJ%e Waff Street
offered^M for
Journal The
n^UaentIndex figure avaflable as of the date 45 days before each Interest Change Date is called the "Cnircm
conqiarable information. onf'
The Note Holder wiH give HoMcr
me noticewill choosc
of Ous a new index whicih is based upon
choice.
(C) Calculation of Changes

""1^/ ™y "«»■»>«<»' rate IW aMine

Will thra round tte reralt M
of .1.■.
this addition to the nearest(-_^sg_%)
one-eighth of one10percentage
fl« Cunenipoint
Index.(0 12555^
TlieN^Subject
Holder
imSL^SSaS. this rounded amount will be iy neJiSt mtruS* the iS
The Note Holder will d^ determine the amount of my monthly payment. For Davment adiustmenis
all acoued interestf each? mouthPayment
on theDueni^aid
Date, piincip^
ray monddy payment
balance willnew
at the be (heinterest
amountrate.
sufficiemt to repay
For payment
adjwlmc^to occurring
sufficient on or after
rqiay the unpaid tte First
pnncipal (hatP&I Paymsm Due
I ameiqiected Date,at my
to owe the monthly
Interest payment
Change Datewill inbe fiUl
an^ramnt
on the
i^^iSt'ofmymon^^^ THe result of this calculation wfll be the
®) Limits on Interest Rate Changes
or InStol""' at die flia Interest Chenge Date win not begreater ttio - iijrni' g
hueiest Change n f?by moreThereafter,
Date than TWO my AND
interest rate win never be increased
oftfl/ionfi or uoimts^
percentaEe decreased( on 2any
om single
than n^soo ^ preceding 12 months. My interest rate wiU never be greater
(E) Effective Date of Changes

mAniwo"!!!!!!!??^ booiro effective on each Interest Change Date. I will pay the amount of my new
Change Date nnffl to imoma
(F) Notice of Changes
The Note Holder wiU deliver or mail to me a notice of any gbanoes in my inter^t rate and the amoimt nf
The notice win include infoimation required by
have te rotia ^ ralgtome nmnber of apetson who wiU answer any qnesaon I may
LOANNO.;

Freddte Mac UNIFORM INSTRUMENT

AOroSTAnLB RAIS NOTE - l.V„LdtlalsM iC
UBOR I±lI.Sr.;;iS.TiS):SS
•
^
"""V
l>ocP«P5i«ncBy.iwc P0RM.Msaw«»4 Page2ofS FormSS37 S/04(rev.7/05)
ORIGINAL
 '■rm'

5. BORROWER'S RIGHT TO PREPAY

!' I have tbe riglU to make payments of Principal at any time before (hey are due. A payment of Prlnc^a)
only is known as a "Pcq)ayment.'' When I make a Piep^ment,I will tell the Note Holder in writing that 1 am
doing so. I may not designate a payment as a Prq)ayment if1 have not made all the monthly paymrats due
under the Note.
I may make a iiill Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amoimt ofPrinc^al Oiat 1 owe under this Note. However, the
Note Holder may apply n^ Prq>ayinent to die accrued and ni^d interest on the Prqpaijunent amount before
applying my Prepayment to reduce the Princ^al amount of the Note. If I make a partial Prepayment, there
win he no changes in(he due dates of my monthly payment unless the Note Holder agrees in.writing to the
changes.
If1 make a p^al Prepayment during the period ending with the due date of my last interest only monthly
payment, my partial Prepayment win lednce the amount of my monthly payment. If I make a partial
Prq>ayment after(he last interest only monthly payment, my partial Prepayment may reduce the.amount of my
monthly payments beginning with the monthly ptyment due after the Interest Oiange Date foUowing the partial
Pr^ayment. After(he first Interest Change Date, any reduction due to my partial Pri^ayment may be offset by
an interest rate increase.

6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finaUy interpreted so that the
interest or other loan diarges collected or to be oollected in connection with this loan exceed the permitted
limits, then: (a)any sudi loan charge shall b^ reduced by the amount necessary to reduce the charge to the
permitted limit; and(b)any sums already collected from me wbicb exceeded permitted Unnts will be refunded
to me. The Note Holder may choose to make diis refund by reducing the Principal 1 owe under ttiis Note or by
making a direct payment to me. If a refund reduces Principal, the reduction will be treats as a partial
Prepayment.

7. BORROWER'S FAILURE TO PAY AS REQGIRieD

(A) Late Charges for Overdue Payments
' If the Note Holder has not received the full amount of any monthly payment by the end of calendar
days after die date it is due,I wiH pay a late charge to the Note Holder. amount of the charge will be
2.000 % of my overdue payment of interest during the period when my payment is interest only,
and of principal and interest after (hat. 1 will pay this late charge promptly but oidy once on each late paymem.
i (B) Default
; If I do not pay the full amount ofeach monthly payment on the date it is due,1 will be in de&ult.
(C) Notice of Default
If1 am in default, die Note Holder may semi me a written notice telling me that if1 do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the foil amount of Principal
which has not been pad and all the interest that 1 owe on that amount. That date must be at least 30 days after
the date on whidi the notice is mailed to me or ddivered by other means.
: (D) No Waiver By Note Holder
Even if, at a time when I am in default, die Note Holder does not require me to pay immediately in full as
described above, the-Note Holder will still have the right to do so if 1 am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay unmediatdy in full as desqibed above, the Note Holder will
have the right to be paid back by me for all ofits costs and ejqienses in enforcing this Note to the extent not
prohibited fay applicable law. Those expenses include, for exanqile, reasonable attorneys' fees.
8. GIVING OF NOTIOK
Unless ai^Iicable law requires a different method, any notice that must be given to me under this Note will
be given by ddiveting it or 17 mailing it by first class mail to me at the Property Address above or at a
different address ifI eive the Note Holder a notice of my different address.
LOANNO.;
MINN0«' InlUals AA I/,
MULTISTATTO INITIAL INTEBBST ADJUSTABLE BAl'it NOTE•l^Vear UBOR Inacx (AsittataJiit ntttr iBUtatTpirto^ Fuii9y•
SVeitdte Mac UNIFORM INSTRUM^
J>ocfsm>SeayKZ5.htc. PORM-MsssirfwcM Page 3 of5 Form 5537 5/04(rev. 7/05)
ORIGINAL
RfSvy'. *

•1— Note wiU be given by debvcrine it or hv

J of that different address.
address ifl am given a notice 3(A) above or «
at aa omereni
different
•• • • \V

9. OBLIGATIONS OFPERSONS UNDER this NOTE

If more^n one pOToh signs this Note, eaci person is fiffly and personally obligated to keen aH of the
gu^r.sorety or endoiSCT of &is NoteOreis also
promise to payto dothethese
obligated fiiU^mi^^wed®^
things. Any personAnywhop^n who these
takes over is a
obl^auons.inclttdmg the obhgattoiis of a guarantor, soTBty or endorser ofthis Note, is also obligated to keep
pjmn indjvidu^ m against all of us The Note Holder
together. enforce
This means that anyits
onerights under,
of us may be this Notetoagainst,
required pay alleachof
the amounts owed under this Note, ' / du oi
10. WAIVERS :

^o^gations undertbe
mansaenghttoiequite thisNote
Note Holder
waive thetorights ofPresentment
denand payment ofand Noticedue.
amounts of
(£^toe Note Holder to give notice to other peitoiis that amounts
11. UNIFORM SECTIRED NOTE
limited variations in some jurisdictions. lii addition to the
® Mortgage. Deed of Trost. or Security Deed
w^ch resuh if1 do ).notdated
keepthe
thesame date as
promises ttisINote,
which makeprotects the Note
in this Note. That Holder
Securityftom possible
lustrmneni losses
describes
under this Note. Some of those conations are described asimmediate
follows; payment in full of all amounts I owe
^INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN
^FoSi)>^°^'U>pORM COVENANT 18 OFTHE SECURITY INSTRUMENT IS DESCRIBED
TraiBfw of the Property or a Beneficial Interest in Borrower. As used in this Section 18
Ini^tintiieProp^l'means aiQf legal or beneficial interest in the Property, induding, but not
Ir}°'
contract or escrowbeneficial interests
agreement, transfcned
the intent in is
of which a bond for deed,
the transfer contract
of tiUe for deed,atinstallment
by Borrower sales
a future date to
a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
^irowerisnotanatQralpersonandabeneficialinterestinBcrTowexis
Lender s pnor written consent. Lender may require immediate payment insold
fuU or transferred)
of aU vritltout
sums secured by
However, this option shaH not be exercised by Lender if siich exdcise is
prohibited by Appbcable Law. .
H Lender exercises this option, Lender shaQ give Borrower notice of acceleration. The notice
mallprovidc a pen^
Sation 15 within ofBorrower
which not less than 30pay
must daysallfrom
sumsthe date the
secured notice
by this is given
Security in accordance
Instrument. wifli
IfBorrower
e^qjiration of this period, Lender may invoke amr remedies
pcnmtled by this Security Instrument without further notice or demand on Bonower.
^ INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN
SECURITY INSTRUMENT DESCRIBED
S"1^TI0N 11(A) ABOVE SBIALL TEDEN CEASE TO BEIN EITECT AND UNIFORM COVFNANt
18 OFTOE SECURITY INSTRUMENT SHALLINSTO^^dSSedAS^OT&
01Int^st m toePrope^
'be Priyerty
meansorany
a Beneficial Interest interest
legal or beneficial in Borrower. As used inincluding,
in the Property, this Section 18
but not
lunited to, those bei%ficia] iiuerests transferred in a bond for deed, contract for d^,installment sales
• a puShasCT^"^^ agreement, the intent of which is the transfer of title by Borrower at a future date to
LOAN NO.:
MINNO.: .. .. . i j/
interbstadjustable rate Nora.1.Y,JSSSfi^^u^i^^ssnsiiapssiiiTsiSiB
Fl-cddblUbc UNIFORM INSTItUMENT "^wrwmiy
Doc^m'S^vicBsJ^ POUM-Msssn»«o4 PageAofS FonnS537 S/04(rev.7/OS)
ORIGINAL
 Ifalloranyp^oftheProperQ'oi any Inteiest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require inunediale payment in foil of all sums secured by
this Security Instrument. However,this option diall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also not exercise this option if: (a)Borrower causes to be
submitted to Lrader information required by Lender to evaluate the intended transferee as if a new loan
were being made to(he transferee; and (b)Lemder reasonabty determines that Lender's security wDl not
be impaired by tte loan assumption and that(he risk of a breach of any covenant ox agreen^t in this
Security instrument is acceptable to Lender.
To the exteoit permitted by i^plicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption
agreement ttot is accqrtable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in^SecDiity Instrument. Borrower will continue to be obligated
under the Note and this Security Instrument unless lender releases Borrower in writing.
IfLender exercises the option toiequiie immediate payment in fhll. Lender shall give Borrower
notice of acceleration. The notice diall provide a period of not less than 30 days from the date the
notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Borrower feBs to pay these sums prior to(he eviration of tWs period, Lender
may invoke any remedies pennitted by this Security Instnimcnl without further notice or demand on
Borrower.

WITNESS THE HAND<S)AND SEAL(S)OF THE UNDERSI<»JED.

PAY TO

< •- T ." (Seal) WITHOUT (Seal)

-Bouowcr Borrower
hnCBAEL KRICSEVSKY

(Seal)
Rbnmer,Sr.Vl09Pr^ST
tPurxtoy.lM (Seal) •
-Borrower -Borrower

(Seal) (Seal)
-Borrower -Borrower
**US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BANC OF Only)
FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-F '
WUHOUT RECOURSE
' Itoanngi AgSBoteftw aa Hueto ^ TO THE
** ORDEB
v/nwcn OF
ui- , _ . MotiMwd■ AssocteBon aa mistea wt
aa tnisiis^
oJ -US.Bertc
gvSaotiSESO ,

MULHSTATE initial INTEBSST adjustablesate note•1-Yeftr UBOR Index (AtsuoabU elUr tnltlal Perted)•Sngle Family•
FrcddtcMse UNIBORM INSnnfMENT
DocpjtJBi'SBa.ncEs.lNc FORM-Msssmusod Page 5 of 5 ForniS537 5/04(cev. 7/05)
LOAN NO.: ORIGINAL MINNO.:
EXHIBIT G
^.0.60X23159
San Diego, CA 92193-3159

IMPORTANT INFORMATION
ENCLOSED
(11) OOEM 7fi2M 1

Mailed On: 6/8/2020 Order Number: 0002396-01

ClientlD: Woods000438 FQ, Reference Number: 100400

Michael Krichevsky
4221 Atlantic Ave
Brooklyn, NY 11224

GenerlcAddresslnsertdoc Rev. 12/19/2018

>.0. Box 23159
San Diego, CA 92193-3159

IMPORTANT INFORMATION
ENCLOSED
(11) QDEM fiDl") *^512 S

tailed On:8/6/2020 Order Number: 0002966-01

ClientlD: Woods000438 FC. Reference Number: 100400

Michael Krichevsky
4221 Atlantic Ave
Brookiyn, NY 11224

GenericAddressInseitdoc Rev. 12/19/2018

EXHIBIT H
4/24/2020 MERS® ServicerlD - Results

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MIN: 1002948-0001201848-3 Note Date: 12/14/2005 MIN Status: Inactive

Servicer: Wells Faroo Home Mortaaoe a Division of Wells

Phone: (651) 605-3711
Faroo Bank NA
Minneapolis, MN

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