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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------X
FEDERAL NATIONAL MORTGAGE ASSOCIATION
(“FANNIE MAE”), A CORPORATION ORGANIZED
AND EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA,
Index No.: 1438/2016
Plaintiff,
STIPULATION
-against- and
ORDER
ZULA MAE WATKINS, et al.,
Defendants.
---------------------------------------------------------------X
The matter in controversy having been settled by and between the attorneys for and on
behalf of the Plaintiff’s Assignee, U.S. BANK TRUST NATIONAL ASSOCIATION, AS
TRUSTEE OF THE CHALET SERIES III TRUST, and the Receiver, David A. Castleman, for
EminiFX, Inc., in receivership, the following is STIPULATED and AGREED:
1. The premises 546 Henry Street, Rockville Centre, New York 11570 (the
“Premises”) is the subject of an action to foreclose a mortgage held by Plaintiff wherein a
Judgment of Foreclosure and Sale was entered on August 9, 2018.
2. Pursuant to the Judgment of Foreclosure and Sale, the Referee, MARK S.
RICCARDI, ESQ., was directed by the Court to sell the Premises at auction.
3. Buyer, EminiFX, Inc. (“Buyer”), was the high bidder at auction and entered into a
Memorandum of Sale, dated May 11, 2022 (the “Memorandum”) to purchase the Premises for
the Purchase Price of $509,000.00.
4. Upon execution of the Memorandum, Buyer paid a Deposit to the Referee, to be
maintained in escrow pending closing, in the amount of $60,000.00 (the “Deposit”).
6. The Deposit continues to be held in by Referee as of the date hereof.
7. A Closing Date of June 10, 2022 was set by the Terms of Sale.
8. After the Memorandum was signed and the Deposit given to the Referee, an
Order was issued by the U.S. District Court for the Southern District of New York on May 11,
2022 in connection to the pending matter of Commodity Futures Trading Commission (“CFTC”)
v. Eddy Alexandre and EminiFX, Inc., Case No: 22-CV-03822 (the “Enforcement Proceeding”).
Pursuant to the Receiver Order, David A. Castleman was appointed as Temporary Receiver (the
“Receiver”) for the affairs of the Buyer as the result of Buyer’s allegedly fraudulent conduct and
victimization of innocent investors, as set forth in greater detail by the Federal Commodity
Futures Trading Commission in the Enforcement Proceeding, and the Court in the Enforcement
Proceeding thereafter made Receiver’s appointment permanent by June 15, 2022 Consent Order
(the foregoing, collectively, the “Receiver Order”).
9. Among other things, the Receiver Order gives the Receiver authority to take
control of, garner, receive, collect and otherwise ascertain various assets, funds, contracts,
properties, etc. of Buyer. Such authority extends to the Terms of Sale, Memorandum and the
Deposit to which the Buyer is a party.
10. The Purchase Price from auction was below Plaintiff’s total debt, therefore no
surplus proceeds were anticipated by Plaintiff from this closing.
11. It is the desire of the parties to resolve these matters given the Receiver Order and
constraints against the buyer. Plaintiff and Receiver have agreed to proceed as follows:
A. Plaintiff and Receiver, on behalf of Buyer, have agreed to proceed without
further enforcement of the Terms of Sale. Receiver’s counsel shall cause an Assignment of the
Bid upon (i) approval of this Stipulation by the Court, and (ii) payment and collection of the
Deposit by the Referee to the Receiver, whereupon the Assignment of Bid shall be delivered to
Plaintiff’s counsel.
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B. Upon the Court’s so-ordering this Stipulation, the Referee shall
immediately deliver the full Deposit directly to the Receiver pursuant to the Receiver’s wire
instructions attached hereto, and the Receiver’s counsel shall deliver the executed Assignment of
Bid to plaintiff’s counsel.
C. Upon delivery of the Deposit to Receiver and Assignment of Bid to
Plaintiff’s counsel, the Plaintiff and Receiver (in his fiduciary capacity as receiver for the Buyer)
agree to waive all claims against each other related to the Memorandum and its assignment to
Plaintiff hereby.
D. Upon such receipt of the Deposit by Receiver, Plaintiff shall be entitled to
proceed with a recording of a deed as if the property had reverted back to Plaintiff at auction and
pursuant to the Assignment of Bid executed by the Receiver and accepted by Plaintiff.
12. This Stipulation shall be binding upon the respective parties, their heirs, assigns,
executors, administrators and successors in interest. Promptly after the execution hereof,
Plaintiff’s counsel shall make application to the Court for its approval.
13. The settlement of the Memorandum and the sale of the Premises to Buyer as
contained herein is without cost to any party. All parties shall bear their own legal fees in
connection herewith.
14. This Stipulation may be executed in counterparts, which counterparts when taken
together shall constitute a fully executed Stipulation. Any faxed, photocopied or digitally-
scanned signature shall be deemed an original.
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15. For the Court's ready reference, Exhibit'oA" is attached hereto and contains the
Judgement of Foreclosure and Sale, the Terms of Sale, the Memorandum of Sale, the Receiver
Order, the Assignment of Bid and wire instructions for release of the Deposit.
Dated: July 5,2022
FRIEDMAN VARTOLO LLP FO TERRANA LLP
By: Michael W. Nardolillo, Esq By: J senzweig, Esq
Attorneyfor Plaintiff for Temporary
85 Broad Street, Suite 501 , David A. Castleman,
New York, NY 10004 EminiFX, Inc. in receivership
(2r2) 47r-st00 333 Earle Ovington Blvd., Suite l0l0
Uniondale, NY 11553
(7r8) 224-s43t
4
The above stipulated terms are hereby SO ORDERED by the Court and it is further;
ORDERED that the Referee is directed to release the full deposit funds to David A.
Castleman, as Receiver, through his counsel, and that the Referee issue and release a Deed
to Plaintiff pursuant to the Assignment of bid between the Receiver and Plaintiff.
ENTER:
_______________________ Dated: _____________________
, JSC
Acknowledged:
Dated: ________________
_________________________
By: Mark Riccardi, Esq.
Appointed Referee
2 Roosevelt Avenue, Suite 200
Syosset, New York 11791
(516) 496-0062
5
EXHIBIT “A”
6
Nassau County
Maureen OConnell
County Clerk
Ref ID#: IN 16 001438 Instrument Number: 2018-00166910
As
J60-JUDGMENTFORECLOSURE& SALE
Recorded On: August 14, 2018
Parties: FEDERAL NATIONAL MORTGAGE ASSOCIATION (F
TO ZULA MAE WATKINS Num Of Pages: 17
Recorded By: BORISKIN Comment:
** **
Examined and Charged as Follows:
J60 - JUDGMENT FORECLOSURE 0.00
Recording Charge: 0.00
** **
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY
File Information: Record and Return To:
Document Number: 2018- 00166910
Receipt Number: 1182262
Recorded Date/Time: August 14, 2018 02:07:02P
Book-Vol/Pg: Bk-J VI-4347 Pg-61
Cashier / Station: 0 BMP / NCCL-CCQ4FP1
County Clerk IUIeureen O'Connell
SUPREME COURT OF THE STATˆ OF NEW YORK
COUNTY OF NASSAU
__________________.._____________________________________________Ç
FEDERAL NATIONAL MORTGAGE INDEX NO.: 001438/2016
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND EXISTING ORDER CONFIRMING REFEREE
UNDER THE LAWS OF THE UNITED STATES REPORT AND JUDGMENT OF
OF AMERICA,
FORECLOSURE AND SALE
Plaintiff,
MORTGAGED PROPERTY: 546
HENRY STREET ROCKVILLE
3
CENTRE, NY 11570
ZULA MAE WATKINS; MAUREEN
COUNTY: NASSAU
O'CONNELL, NASSAU COUNTY CLERK; MRS.
"JOHN"
WATKINS,
SBL#: Section 38,
Block 112,
Defendant(s).
Lot 931
________________________________________________________________Ç
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
the Notice of Motion dated Apil 5 20 f8 amrmation
February 24, 2016, , the of
JADWIGA SZAJNER, Esq. and the exhibits annexed thereto, and upon the affidavit in support
of motion for summary judgment by JACOB SHUE who is FORECLOSURE SPECIALIS'f of
SETERUS, INC., duly sworn to on May 26, 2016; affidavit of amounts due by UMEKA
JACKSON who is a MEDIATION OFFICER of SETERUS, INC., duly sworn to on January 16,
2018, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action, and has voluntarily appeared either personally or by their
respective attorneys or have not served any answer to the Complaint or otherwise appeared, nor
had their time to so do extended, except for ZULA MAE WATKINS who has Answered; and
16-006469-EmP
Plaintiff having established to the court's satisfaction that judgment against the defendants is
warranted;
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants are not absent, in accordance with RPAPL
§1321(2);
AND the court having held a mandatory settlement conference in this action pursuant to
CPLR §3408.
A settlement was not reached and the case was released from the settlemënt conference
part on April 27, 2016.
A Referee having been appointed to compute the amount due to the Plaintiff upon the
bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged
property can be sold in parcels; and
UPON reading and filing the Report of Mark S. Riccardi, Esq. dated March 6, 2018,
showing the sum of $502,948.46, due as of October 27, 2017, and that the mortgaged property
cannot be sold in parcels; and
UPON proof of due notice of this application upon all parties entitled to receive same,
and upon all of the prior proceedings and papers filed herein;
NOW, on motion by JADWIGA SZAJNER, Esq., attorney for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further
16-006469 - EmP
ORDERED, ADJUDGED AND DECREED that the legal description in the mortgage
subject to this foreclosure action, recorded in the Office of the Clerk of the County of NASS AU on
May 9, 2007 in Liber Book M 31869 at Page 217, is hereby amended nunc pro tune to reflect the
legal description annexed to this Order which contains the correct legal description of the
property being foreclosed, and the that Clerk of the County of Nassau in hereby directed to mark
its records accordingly; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same
is, hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the
Complaint in this action and as hereafter described, or such part thereof as may be sufficient to
discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by
the RPAPL be f this Judgment, in one parcel, at public
IN THE NASSAU SUPREME COURT,
auction at the100 5t fPRFME Col mT na by and
, MIMptxA
KY. 11501 ON A TUESDAY AT I1:30 AM
under the direction of Mark S. Riccardi, Esq., who is hereby appointed Referee for that purpose;
that said Referee give public notice of the time and place of sale in accordance with RPAPL
ROCKVILLE CENTRE . .
§231 in _ HERALD 2 ENDO BLVD ; and it is
GARDEN CITY
further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment the
Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22
NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from appointment"),
and §36.2(d) ("Limitations on appointments based upon compensation"); and, if the Referee is
16-006469 - EmP
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting
or retaining any funds for him/herself or paying funds to him/herself without compliance with
Part 36 of the Rules of the Chief Administrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors
and/or assigns, or its representative; and it is further
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale
within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by
RPAPL §l351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and it is further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were
physically present to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid
offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
16-006469 - EmP
successful bidder is the Plaintiff in which case no deposit against the purchase price shall be
required; and it is further
ORDERED, ADJUDGED AND DECREED that in the event the first successful bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject property
or fails to immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
FIRSTNATL BANK OF L.I.
1050FRANKLIN AVE
GARDEN CITY, NY 11530
payment and proceeds of sale, as necessary, in
01 in an IULA account per CPLR2609
in his/her own name as Referee, in accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of title shall be had thirty (30) days after
the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as
defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser,
such party shall place the property back on the market for sale or other occupancy: (a) within one
hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of
completion of construction, renovation, or rehabilitation of the property, provided that such
construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes
16-006469 - EmP
first, provided however, a court of competent jurisdiction may grant an extension for good cause;
and it is further
ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
at the time of sale, with such interest or penalties which may have lawfully accrued thereon to
the date of payment; and it is further
ORDERED, ADJUDGED, AND DECREED, that the Referee then d osit the ba of
said proceeds of sale in her/his own name as Referee in , and
-
Or in an IOLA account per CPLR 2609
·
shall thereafter make the following payments in accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance
with CPLR not to exceed en the
8003(b),
SECOND: All taxes, assessments and water rates that are liens upon the
property and monies necessary to redeem the property from any sales for unpaid
taxes, assessments, or water rates that have not apparently become absolute, and
any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be
responsible for interest and penalties due on any real property taxes accruing after
the sale. The Referee shall not be held responsible for the payment of penalties or
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fees pursuant to this appointment. The Purchaser shall hold the Referee harmless
from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown
on the bills presented and certified by said Referee to be correct, duplicate copies
of which shall be annexed to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the
following:
Amount Due per Referee's Report: $502,948.46 with interest at the note
rate from October 27, 2017, together with any advances together with any
advances as provided for in the note and mortgage which Plaintiff has made for
taxes, insurance, principal, and interest, and any other charges due to prior
mortgages or to maintain the property pending consummation of this foreclosure
sale, not previously included in the computation, upon presentation of receipts for
said expenditures to the Referee, all together with interest thereon pursuant to the
note and mortgage, and then with interest from the date of entry of this judgment
at the statutory rate until the date the deed is transferred;
Costs and Disbursements: $
2\@O·00 adjudged to the
Plaintiff for costs and disbursements in this action, with interest at the statutory
judgment rate from the date of entry of this judgment;
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Additional Allowance: $ , is hereby awarded to the
Plaintiff in addition to costs, with interest at the statutory judgment rate from the
date of entry of this judgment, pursuant to CPLR Article 83;
Attorney Fees: $ is hereby awarded to the
Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the
date of entry of this judgment;
FIFTH: Surplus monies arising from the sale shall be paid into court by
the officer conducting the sale within five days after receipt in accordance with
RPAPL §l354(4) and in accordance with local County rules regarding Surplus
Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment
thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the
entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed
or deeds of the property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts specified in and above when it is recording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
"Fourth"
Plaintiff as specified in paragraph above; that if there is a surplus after applying the
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balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall deposit it in
"Fifth"
accordance with paragraph above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds; and that any transfer
tax shall be paid in accordance with Tax Law §l404; and it is further
ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in
is"
one parcel in "as physical order and condition, subject to any state of facts that an inspection
of the property would disclose; any state of facts that an accurate survey of the property would
show; any covenants, restrictions, declarations, reservations, easements, right of way, and public
utility agreements of record, if any; any building and zoning ordinances of the municipality in
which the mortgaged property is located and possible violations of same; any rights of tenants or
persons in possession of the subject property; prior liens of record, if any, except those liens
addressed in RPAPL §l354; any equity of redemption of the United States of America to redeem
the property within 120 days from the date of sale; and any rights pursuant to CPLR §317, §2003
and §5015 or any appeal of the underlying action or additional litigation brought by any
defendant or its successor or assignee contesting the validity of this foreclosure; and it is further
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property on production of
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------X FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, Index No.: 1438/2016 Plaintiff, STIPULATION -against- and ORDER ZULA MAE WATKINS, et al., Defendants. ---------------------------------------------------------------X The matter in controversy having been settled by and between the attorneys for and on behalf of the Plaintiff’s Assignee, U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE CHALET SERIES III TRUST, and the Receiver, David A. Castleman, for EminiFX, Inc., in receivership, the following is STIPULATED and AGREED: 1. The premises 546 Henry Street, Rockville Centre, New York 11570 (the “Premises”) is the subject of an action to foreclose a mortgage held by Plaintiff wherein a Judgment of Foreclosure and Sale was entered on August 9, 2018. 2. Pursuant to the Judgment of Foreclosure and Sale, the Referee, MARK S. RICCARDI, ESQ., was directed by the Court to sell the Premises at auction. 3. Buyer, EminiFX, Inc. (“Buyer”), was the high bidder at auction and entered into a Memorandum of Sale, dated May 11, 2022 (the “Memorandum”) to purchase the Premises for the Purchase Price of $509,000.00. 4. Upon execution of the Memorandum, Buyer paid a Deposit to the Referee, to be maintained in escrow pending closing, in the amount of $60,000.00 (the “Deposit”). 6. The Deposit continues to be held in by Referee as of the date hereof. 7. A Closing Date of June 10, 2022 was set by the Terms of Sale. 8. After the Memorandum was signed and the Deposit given to the Referee, an Order was issued by the U.S. District Court for the Southern District of New York on May 11, 2022 in connection to the pending matter of Commodity Futures Trading Commission (“CFTC”) v. Eddy Alexandre and EminiFX, Inc., Case No: 22-CV-03822 (the “Enforcement Proceeding”). Pursuant to the Receiver Order, David A. Castleman was appointed as Temporary Receiver (the “Receiver”) for the affairs of the Buyer as the result of Buyer’s allegedly fraudulent conduct and victimization of innocent investors, as set forth in greater detail by the Federal Commodity Futures Trading Commission in the Enforcement Proceeding, and the Court in the Enforcement Proceeding thereafter made Receiver’s appointment permanent by June 15, 2022 Consent Order (the foregoing, collectively, the “Receiver Order”). 9. Among other things, the Receiver Order gives the Receiver authority to take control of, garner, receive, collect and otherwise ascertain various assets, funds, contracts, properties, etc. of Buyer. Such authority extends to the Terms of Sale, Memorandum and the Deposit to which the Buyer is a party. 10. The Purchase Price from auction was below Plaintiff’s total debt, therefore no surplus proceeds were anticipated by Plaintiff from this closing. 11. It is the desire of the parties to resolve these matters given the Receiver Order and constraints against the buyer. Plaintiff and Receiver have agreed to proceed as follows: A. Plaintiff and Receiver, on behalf of Buyer, have agreed to proceed without further enforcement of the Terms of Sale. Receiver’s counsel shall cause an Assignment of the Bid upon (i) approval of this Stipulation by the Court, and (ii) payment and collection of the Deposit by the Referee to the Receiver, whereupon the Assignment of Bid shall be delivered to Plaintiff’s counsel. 2 B. Upon the Court’s so-ordering this Stipulation, the Referee shall immediately deliver the full Deposit directly to the Receiver pursuant to the Receiver’s wire instructions attached hereto, and the Receiver’s counsel shall deliver the executed Assignment of Bid to plaintiff’s counsel. C. Upon delivery of the Deposit to Receiver and Assignment of Bid to Plaintiff’s counsel, the Plaintiff and Receiver (in his fiduciary capacity as receiver for the Buyer) agree to waive all claims against each other related to the Memorandum and its assignment to Plaintiff hereby. D. Upon such receipt of the Deposit by Receiver, Plaintiff shall be entitled to proceed with a recording of a deed as if the property had reverted back to Plaintiff at auction and pursuant to the Assignment of Bid executed by the Receiver and accepted by Plaintiff. 12. This Stipulation shall be binding upon the respective parties, their heirs, assigns, executors, administrators and successors in interest. Promptly after the execution hereof, Plaintiff’s counsel shall make application to the Court for its approval. 13. The settlement of the Memorandum and the sale of the Premises to Buyer as contained herein is without cost to any party. All parties shall bear their own legal fees in connection herewith. 14. This Stipulation may be executed in counterparts, which counterparts when taken together shall constitute a fully executed Stipulation. Any faxed, photocopied or digitally- scanned signature shall be deemed an original. 3 15. For the Court's ready reference, Exhibit'oA" is attached hereto and contains the Judgement of Foreclosure and Sale, the Terms of Sale, the Memorandum of Sale, the Receiver Order, the Assignment of Bid and wire instructions for release of the Deposit. Dated: July 5,2022 FRIEDMAN VARTOLO LLP FO TERRANA LLP By: Michael W. Nardolillo, Esq By: J senzweig, Esq Attorneyfor Plaintiff for Temporary 85 Broad Street, Suite 501 , David A. Castleman, New York, NY 10004 EminiFX, Inc. in receivership (2r2) 47r-st00 333 Earle Ovington Blvd., Suite l0l0 Uniondale, NY 11553 (7r8) 224-s43t 4 The above stipulated terms are hereby SO ORDERED by the Court and it is further; ORDERED that the Referee is directed to release the full deposit funds to David A. Castleman, as Receiver, through his counsel, and that the Referee issue and release a Deed to Plaintiff pursuant to the Assignment of bid between the Receiver and Plaintiff. ENTER: _______________________ Dated: _____________________ , JSC Acknowledged: Dated: ________________ _________________________ By: Mark Riccardi, Esq. Appointed Referee 2 Roosevelt Avenue, Suite 200 Syosset, New York 11791 (516) 496-0062 5 EXHIBIT “A” 6 Nassau County Maureen OConnell County Clerk Ref ID#: IN 16 001438 Instrument Number: 2018-00166910 As J60-JUDGMENTFORECLOSURE& SALE Recorded On: August 14, 2018 Parties: FEDERAL NATIONAL MORTGAGE ASSOCIATION (F TO ZULA MAE WATKINS Num Of Pages: 17 Recorded By: BORISKIN Comment: ** ** Examined and Charged as Follows: J60 - JUDGMENT FORECLOSURE 0.00 Recording Charge: 0.00 ** ** THIS PAGE IS PART OF THE INSTRUMENT I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY File Information: Record and Return To: Document Number: 2018- 00166910 Receipt Number: 1182262 Recorded Date/Time: August 14, 2018 02:07:02P Book-Vol/Pg: Bk-J VI-4347 Pg-61 Cashier / Station: 0 BMP / NCCL-CCQ4FP1 County Clerk IUIeureen O'Connell SUPREME COURT OF THE STATˆ OF NEW YORK COUNTY OF NASSAU __________________.._____________________________________________Ç FEDERAL NATIONAL MORTGAGE INDEX NO.: 001438/2016 ASSOCIATION ("FANNIE MAE"), A CORPORATION ORGANIZED AND EXISTING ORDER CONFIRMING REFEREE UNDER THE LAWS OF THE UNITED STATES REPORT AND JUDGMENT OF OF AMERICA, FORECLOSURE AND SALE Plaintiff, MORTGAGED PROPERTY: 546 HENRY STREET ROCKVILLE 3 CENTRE, NY 11570 ZULA MAE WATKINS; MAUREEN COUNTY: NASSAU O'CONNELL, NASSAU COUNTY CLERK; MRS. "JOHN" WATKINS, SBL#: Section 38, Block 112, Defendant(s). Lot 931 ________________________________________________________________Ç UPON reading the Summons, Complaint and Notice of Pendency filed in this action on the Notice of Motion dated Apil 5 20 f8 amrmation February 24, 2016, , the of JADWIGA SZAJNER, Esq. and the exhibits annexed thereto, and upon the affidavit in support of motion for summary judgment by JACOB SHUE who is FORECLOSURE SPECIALIS'f of SETERUS, INC., duly sworn to on May 26, 2016; affidavit of amounts due by UMEKA JACKSON who is a MEDIATION OFFICER of SETERUS, INC., duly sworn to on January 16, 2018, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by their respective attorneys or have not served any answer to the Complaint or otherwise appeared, nor had their time to so do extended, except for ZULA MAE WATKINS who has Answered; and 16-006469-EmP Plaintiff having established to the court's satisfaction that judgment against the defendants is warranted; UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants are not absent, in accordance with RPAPL §1321(2); AND the court having held a mandatory settlement conference in this action pursuant to CPLR §3408. A settlement was not reached and the case was released from the settlemënt conference part on April 27, 2016. A Referee having been appointed to compute the amount due to the Plaintiff upon the bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Mark S. Riccardi, Esq. dated March 6, 2018, showing the sum of $502,948.46, due as of October 27, 2017, and that the mortgaged property cannot be sold in parcels; and UPON proof of due notice of this application upon all parties entitled to receive same, and upon all of the prior proceedings and papers filed herein; NOW, on motion by JADWIGA SZAJNER, Esq., attorney for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further 16-006469 - EmP ORDERED, ADJUDGED AND DECREED that the legal description in the mortgage subject to this foreclosure action, recorded in the Office of the Clerk of the County of NASS AU on May 9, 2007 in Liber Book M 31869 at Page 217, is hereby amended nunc pro tune to reflect the legal description annexed to this Order which contains the correct legal description of the property being foreclosed, and the that Clerk of the County of Nassau in hereby directed to mark its records accordingly; and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the Complaint in this action and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be f this Judgment, in one parcel, at public IN THE NASSAU SUPREME COURT, auction at the100 5t fPRFME Col mT na by and , MIMptxA KY. 11501 ON A TUESDAY AT I1:30 AM under the direction of Mark S. Riccardi, Esq., who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL ROCKVILLE CENTRE . . §231 in _ HERALD 2 ENDO BLVD ; and it is GARDEN CITY further ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on appointments based upon compensation"); and, if the Referee is 16-006469 - EmP disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representative; and it is further ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §l351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the 16-006469 - EmP successful bidder is the Plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED AND DECREED that in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down FIRSTNATL BANK OF L.I. 1050FRANKLIN AVE GARDEN CITY, NY 11530 payment and proceeds of sale, as necessary, in 01 in an IULA account per CPLR2609 in his/her own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be had thirty (30) days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within one hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes 16-006469 - EmP first, provided however, a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED, AND DECREED, that the Referee then d osit the ba of said proceeds of sale in her/his own name as Referee in , and - Or in an IOLA account per CPLR 2609 · shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR not to exceed en the 8003(b), SECOND: All taxes, assessments and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not apparently become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be held responsible for the payment of penalties or 16-006469 - EmP fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $502,948.46 with interest at the note rate from October 27, 2017, together with any advances together with any advances as provided for in the note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred; Costs and Disbursements: $ 2\@O·00 adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of this judgment; 16-006469 - EmP Additional Allowance: $ , is hereby awarded to the Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $ is hereby awarded to the Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL §l354(4) and in accordance with local County rules regarding Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts specified in and above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due "Fourth" Plaintiff as specified in paragraph above; that if there is a surplus after applying the 16-006469 - EmP balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall deposit it in "Fifth" accordance with paragraph above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds; and that any transfer tax shall be paid in accordance with Tax Law §l404; and it is further ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in is" one parcel in "as physical order and condition, subject to any state of facts that an inspection of the property would disclose; any state of facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL §l354; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR §317, §2003 and §5015 or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and it is further ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property on production of