Fillable Printable Sample Section 255 Affidavit - New York

Sample Section 255 Affidavit - New York

SECTION 255 AFFIDAVIT

STATE OF NEW YORK

COUNTY OF 

 ("Deponent"), being duly sworn, deposes and says that:

1. I am a  of  ("Mortgagor").

I am over 21 years of age and am familiar with the facts set forth herein.

2. Mortgagor is the owner of the fee estate in various premises located in the State of New

York and more particularly described on Exhibit A attached hereto (collectively, the

"Premises"),

3. Mortgagor's estate in all or a portion of the Premises is encumbered by the mortgage(s)

listed on Exhibit B attached hereto (the "Existing Mortgage"), on which Existing

Mortgage the mortgage recording tax was duly paid in the amounts set forth on Exhibit B

attached hereto. The outstanding principal balance of the Existing Mortgage is $

4. Mortgagor has executed and delivered to  a mortgage dated the

date hereof in the principal amount of $ encumbering its fee estate in the

Premises (the "New Mortgage") (collectively the Existing Mortgage and the New

Mortgage are sometimes hereinafter referred to as the "Mortgages"). The New Mortgage

is being offered for recording contemporaneously herewith, and Mortgagor has paid a

mortgage recording tax thereon contemporaneously herewith in the amount of $

5. In order to combine and consolidate the liens of the Mortgages into a single mortgage

lien, to spread the liens of the Mortgages over the portions of the property not already

covered thereby and to modify certain provisions of such Mortgages, as consolidated,

the Mortgagor and Mortgagee have executed a certain Agreement of Spreader,

Consolidation and Modification of Mortgage and Note dated the date hereof (the

"Agreement") under and by which Agreement the liens of the Mortgages have been

spread over the portions of the property not already covered thereby and were combined

and consolidated, certain terms of the Mortgages have been modified and the term of

the Mortgages have been extended.

6. The maximum aggregate principal amount which under any contingency may be

secured by the Mortgages is $

7. There have been no re-loans or re-advances under the Mortgages.

8. The Agreement is given solely for the purpose of spreading the liens of the Mortgages

over portions of the property not already covered thereby, consolidating the liens of the

Mortgages and modifying certain provisions of the same, which mortgages continue

under any contingency to secure the same principal indebtedness, and said Agreement

does not create or secure any new or further principal indebtedness or obligations

secured by or which under any contingency may be secured by the Mortgages.

9. A Consolidated, Amended and Restated Mortgage, Assignment of Leases and Rents

and Security Agreement is also being offered contemporaneously herewith for recording

(the "Restated Mortgage"), which Restated Mortgage does not create or secure any new

or further principal indebtedness or obligations secured by or which under any

contingency may be secured by the Mortgages.

10. An Assignment of Leases and Rents (the "Assignment") is also herewith offered for

recording, which Assignment does not create or secure any new or further principal

indebtedness or obligations secured by or which under any contingency may be secured

by the Mortgages.

WHEREFORE, Deponent respectfully requests that the Agreement, the Restated Mortgage

and the Assignment be accepted for recording without the payment of any additional mortgage

recording tax.

_____________________________________

Sworn to before me this

 day of  , 20

________________________________

Notary Publi