AFFIDAVIT PURSUANT TO SECTION 255 OF THE TAX LAW

 

State of ___________ }
County of _________ }ss:

 

______________________ , being duly sworn, deposes and says that:

1. 1 am the _______________ of ______________, a New York corporation, which corporation is the general partner of ________________________ , a limited partnership ("Mortgagor").

2. The Premises are encumbered by a mortgage, dated as of from Mortgagor to _____________________ ("Mortgagee"), which mortgage was recorded on __________ in the office of the Register/County Clerk of _________ County, in Reel ________ at page (the "Mortgage") and secures a Note in the original principal amount of $ ____________ .

3. Pursuant to a Note and Mortgage Modification and Severance Agreement (the "Severance Agreement"), dated ________________ executed by and between Mortgagor and Mortgagee, recorded on _________ in Reel ______ at page _______ in the office of the Register/County Clerk of __________ County, the Mortgage was split and severed into two portions, Substitute Mortgage A encumbering the Premises securing the principal amount of $__________ , and Substitute Mortgage B encumbering the Premises securing the principal amount of $___________ .

4. Substitute Mortgages A and B, which are herewith tendered for recording, do not create or secure any new or further indebtedness or obligation other than a portion of the principal indebtedness secured by the Mortgage, and there have been no reloans or readvances on the Mortgage, Substitute Mortgage A or Substitute Mortgage B.

11. Deponent respectfully requests that Substitute Mortgage A and Substitute Mortgage B herewith tendered 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 ___,

 

______________________