255 AFFIDAVIT

STATE OF _____________ }
COUNTY OF ___________ } ss.

_____________________ being duly sworn, deposes and says:

That he is attorney for __________________________("Owner"), owner of the premises encumbered by the mortgages hereinafter described, which is a lien on premises situated at _____________________________ ("Premises") which mortgages are held by _________________________ ("Mortgagee").

1. Mortgage dated ____________ made by Owner to ________________ in the principal amount of $___________ recorded in the Office of the Register/County Clerk, ________ County ("Register") on __________ in Reel/Liber _____ page _____, on which mortgage tax was paid in the sum of $_________;

2. Mortgage dated ________ made by Owner to _____________________ in the principal amount of $_____________ recorded in the Office of the Register/County Clerk on _________ in Reel/Liber ________ page ______ , which mortgage was a Substitute Mortgage resulting from the severance of the mortgages described on Schedule A hereto.

Said Mortgage was released from other premises by a Release made by _________ by a Release dated __________ and recorded _________ in the Office of the Register/County Clerk in Reel/Liber _______ page ______ , and assigned to ___________________ by an Assignment made by ____________ dated __________ and recorded ________ in the Office of the Register/County Clerk in Reel ______ page _____.

Mortgages 1 and 2, above, were consolidated into a single lien of $_________________ by a Consolidation Agreement made by Owner and _______________________ dated __________ and recorded __________ in Reel/Liber ______ page _______, and assigned by ______________________ to Mortgagee which consolidated mortgages there remains unpaid the principal amount of $ ______________ .

3. Mortgage dated ___________ made by Owner to Mortgagee in the principal amount of $_____________ to be recorded prior hereto in the office of the Register/County Clerk of _________ County, on which mortgage tax was paid in the sum of $_________ .

That the Mortgage Consolidation, Extension and Modification Agreement ("Consolidation Agreement") dated __________ executed by Owner and Mortgagee tendered for recording is given for the purpose of further securing the same principal indebtedness and said consolidation and/or extension agreement does not create or secure any new or further indebtedness or obligation other than the principal indebtedness secured by said mortgage. That there have been no reloans or readvances on said mortgages.

WHEREFORE, deponent respectfully requests that the Consolidation Agreement tendered herewith for recording be declared exempt from taxation pursuant to the provisions of Section 255 of Article 11 of the Tax Law of the State of New York.

_______________________

Sworn to before me this
_____ day of ________ , 19 __

_________________________

- Notary Public