Preview
At an IAS Part ____ of the Supreme Court of the
State of New York held in the County of Saratoga
at the Courthouse, located at Supreme Court, 30
McMaster Street, Ballston Spa, NY 12020 on
, 2022.
PRESENT: Hon.
JUSTICE OF THE SUPREME COURT
_____________________________________________________________Ç
US BANK TRUST NATIONAL ASSOCIATION, Index No. 20193749
NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG ORDER CONFIRMING REFEREE'S
ASSET TRUST, REPORT AND JUDGMENT OF
Plaintiff, FORECLOSURE AND SALE
-against-
MORTGAGED PROPERTY:
15 CHALLEDON DR
ROBERT GOURLAY A/K/A ROBERT V· NY 12831
GANSEVOORT,
GOURLAY; BERKSHIRE BANK; GLENS
FALLS HOSPITAL, SBL #: 128.13-3-19
Defendants.
Servicer: Fay Servicing, LLC
1-800-495-7166
__________________________________________________________Ç
UPON the Summons, Complaint, and Notice of Pendency filed in this action on November 7,
2019, with proof of due service thereof; the successive Notice of Pendency filed on September 23, 2022;
the Notice of Motion and Affirmation by Mark R. Knuckles, Esq. both dated November 4, 2022, the
affidavit of amount due by Oxford Nordberg, Assistant Secretary of Fay Servicing, LLC, the servicer
and attorney-in-fact for US Bank Trust National Association, not in itsindividual capacity but solely as
Owner Trustee for VRMTG Asset Trust, the Plaintiff herein, duly sworn to on May 25, 2022, together
with the exhibits annexed thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and
Sale; and
UPON proof that each of the Defendants herein has been duly served with the Summons or
Summons and Complaint in this action and has voluntarily appeared either personally or by an attorney,
or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so been
extended; and it appearing that more than the legally required number of days has elapsed since the
2236-000442-FC/ROBERT GOURLAY
Defendants Robert Gourlay a/k/a Robert V. Gourlay, Berkshire Bank and Glens Falls Hospital were so
served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against
the Defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3); and
UPON proof that the non-appearing Defendants Robert Gourlay a/k/a Robert V. Gourlay,
Berkshire Bank and Glens Falls Hospital are not absent, in accordance with RPAPL § 1321(2); and
UPON a Referee having been appointed to compute the amount due to 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 Matthew I.Mazur, Esq., dated September 19, 2022,
showing the sum of $324,101.74 due as of the date set forth in said Report and that the mortgaged
property may not be sold in parcels; and
UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all
the prior proceedings and papers filed herein; and
NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, itis hereby
ORDERED, ADJUDGED AND DECREED, that the motion is granted; and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee's Report be, and the same is,hereby
in allrespects ratified and confirmed; and itis further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the
Complaint 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 sold, within 90
days of the date of this Judgment, in one parcel, at a public auction at
, by and under the
direction of Matthew I. Mazur, Esq., 1 Worden Drive, Saratoga Springs, NY 12866, who is hereby
appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in
2236-000442-FC/ROBERT GOURLAY
accordance with RPAPL §231 in ; and itis 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 disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing
Judge; and itis 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 itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale
only ifPlaintiff, its successors and/or assignees, or its representative is present at the sale; and itis 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 §1351(1)
is extended for the Referee to conduct the sale as soon as reasonably practicable; and itis 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, by certified
or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case
no deposit against the purchase price shall be required; and itis further
ORDERED, ADJUDGED AND DECREED that, in the event the firstsuccessful 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 be reoffered at auction; and
itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment
2236-000442-FC/ROBERT GOURLAY
and proceeds of sale, as necessary, in in his/her own name
as Referee, in accordance with CPLR 2609; and itis 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 itis further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff
becomes the purchaser at the sale, the closing of titleshall be held no later than 30 days after the date of
such sale unless otherwise stipulated by allparties to the sale; and itis further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defmed 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 180 days of the execution
of the deed of sale, or (b) within 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 first, provided however, that a court of competent jurisdiction may grant
an extension for good cause; and itis 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 itis further
ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said
proceeds of sale in her/his own name as Referee in , and 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 8003(b),
in the sum of $750.00. In the event a sale was cancelled or postponed, Plaintiff shall compensate the
2236-000442-FC/ROBERT GOURLAY
Referee in the sum of $ for each adjournment or cancellation, unless the Referee caused
the delay;
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 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 responsible for the payment of penalties or 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: $324,101.74 with interest at the note rate from June 2, 2022, 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: $ adjudged to the Plaintiff for costs and
disbursements in this action to be taxed by the Clerk and inserted herein, with interest at the statutory
judgment rate from the date of entry of this judgment;
Additional Allowance: $ is hereby awarded to
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;
2236-000442-FC/ROBERT GOURLAY
Attorney Fees: $5,225.00 is hereby awarded to 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 deposited with the Saratoga County Clerk
by the officer conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and
in accordance with local County rules regarding Surplus Monies; and itis 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 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
"Third"
to said Referee of the amounts specified in items marked "First", "Second", and above; that the
"Second" "Third"
Referee shall allow the Plaintiff to pay the 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
"Fourth"
applied to the amount due Plaintiff as specified in paragraph above; that Plaintiff shall pay any
surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with
"Fifth"
paragraph above; and itis 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 §1404; and itis further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance
"First," "Fourth"
with paragraphs "Second, "Third", and above are insufficient to pay Plaintiff the
"Fourth"
Amount Due per the Referee's Report as set forth in paragraph above, Plaintiff may seek to
recover a deficiency judgment against ROBERT GOURLAY in accordance with RPAPL §l371 if
permitted by law; and itis further
2236-000442-FC/ROBERT GOURLAY
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one
is"
parcel in "as physical order and condition, subject to any condition that an inspection of the property
would disclose; any 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 §1354; 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 upon production in hand of the Referee's Deed or upon personal service of the Referee's deed
in accordance with CPLR 308; and itis further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons
claiming through them and any person obtaining an interest in the property after the filing of the Notice
of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the
sale of the mortgaged property; and itis further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and
executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer
making the sale shall file with the Saratoga County Clerk a report under oath of the disposition of the
proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding
handling of Surplus Monies; and itis further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale
default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without
2236-000442-FC/ROBERT GOURLAY
prior application to the Court unless Plaintiff's attorneys shall elect to make such application; and it is
further
ORDERED, ADJUDGED AND DECREED that the Plaintiff shall serve a copy of this Judgment
with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and
any other parties or persons entitled to service, including the Referee appointed herein; and itis further
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve
Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and maintain the
property until such time as ownership of the property has been transferred and the deed duly recorded;
and itis further
ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale, he or
she shall concurrently filea Foreclosure Actions Surplus Monies Form; and itis further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall
file a written report with the court within six months from the date of entry of this judgment stating
whether the sale has occurred and the outcome thereof.
Said property is commonly known as 15 CHALLEDON DR, GANSEVOORT, NY 12831.
The legal description of the mortgaged property referred to herein is annexed hereto as Schedule
A.
DATED: ENTER:
2236-000442-FC/ROBERT GOURLAY
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
All thatcertainpiece orparcel ofland situate,
lying and being inthe Town of Wilton,County ofSaratoga and State of
New York, shown and designated as Lot No. 15 Challedon Drive on a map entitled"The Estates atNorthern Pines,Phase
- SubdivisionPlan"
VII made by The Environmental Design Partnership,dated November 4,2002, and filedin the
Saratoga County Clerk'sOffice on May 22,2003, in Drawer N as Map Nos. 189 A.
Together with an easement foringress and egressover the shown
streets on said map untilsuch time as theyare dedicated
to andaccepted by theTown ofWilton as publicroadways.
Premises: 15 Challedon Drive,Gansevoort, NY 12831
Tax Parcel ID No.: Section:128.13 Block: 3 Lot:19
2236-000442-FC/ROBERT GOURLAY
Preview
At an IAS Part ____ of the Supreme Court of the State of New York held in the County of Saratoga at the Courthouse, located at Supreme Court, 30 McMaster Street, Ballston Spa, NY 12020 on , 2022. PRESENT: Hon. JUSTICE OF THE SUPREME COURT _____________________________________________________________Ç US BANK TRUST NATIONAL ASSOCIATION, Index No. 20193749 NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ORDER CONFIRMING REFEREE'S ASSET TRUST, REPORT AND JUDGMENT OF Plaintiff, FORECLOSURE AND SALE -against- MORTGAGED PROPERTY: 15 CHALLEDON DR ROBERT GOURLAY A/K/A ROBERT V· NY 12831 GANSEVOORT, GOURLAY; BERKSHIRE BANK; GLENS FALLS HOSPITAL, SBL #: 128.13-3-19 Defendants. Servicer: Fay Servicing, LLC 1-800-495-7166 __________________________________________________________Ç UPON the Summons, Complaint, and Notice of Pendency filed in this action on November 7, 2019, with proof of due service thereof; the successive Notice of Pendency filed on September 23, 2022; the Notice of Motion and Affirmation by Mark R. Knuckles, Esq. both dated November 4, 2022, the affidavit of amount due by Oxford Nordberg, Assistant Secretary of Fay Servicing, LLC, the servicer and attorney-in-fact for US Bank Trust National Association, not in itsindividual capacity but solely as Owner Trustee for VRMTG Asset Trust, the Plaintiff herein, duly sworn to on May 25, 2022, together with the exhibits annexed thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the Defendants herein has been duly served with the Summons or Summons and Complaint in this action and has voluntarily appeared either personally or by an attorney, or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so been extended; and it appearing that more than the legally required number of days has elapsed since the 2236-000442-FC/ROBERT GOURLAY Defendants Robert Gourlay a/k/a Robert V. Gourlay, Berkshire Bank and Glens Falls Hospital were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against the Defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3); and UPON proof that the non-appearing Defendants Robert Gourlay a/k/a Robert V. Gourlay, Berkshire Bank and Glens Falls Hospital are not absent, in accordance with RPAPL § 1321(2); and UPON a Referee having been appointed to compute the amount due to 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 Matthew I.Mazur, Esq., dated September 19, 2022, showing the sum of $324,101.74 due as of the date set forth in said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; and NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, itis hereby ORDERED, ADJUDGED AND DECREED, that the motion is granted; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee's Report be, and the same is,hereby in allrespects ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint 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 sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at , by and under the direction of Matthew I. Mazur, Esq., 1 Worden Drive, Saratoga Springs, NY 12866, who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in 2236-000442-FC/ROBERT GOURLAY accordance with RPAPL §231 in ; and itis 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 disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis 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 itis further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only ifPlaintiff, its successors and/or assignees, or its representative is present at the sale; and itis 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 §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and itis 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, by certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and itis further ORDERED, ADJUDGED AND DECREED that, in the event the firstsuccessful 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 be reoffered at auction; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment 2236-000442-FC/ROBERT GOURLAY and proceeds of sale, as necessary, in in his/her own name as Referee, in accordance with CPLR 2609; and itis 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 itis further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of titleshall be held no later than 30 days after the date of such sale unless otherwise stipulated by allparties to the sale; and itis further ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defmed 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 180 days of the execution of the deed of sale, or (b) within 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 first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and itis 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 itis further ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in , and 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 8003(b), in the sum of $750.00. In the event a sale was cancelled or postponed, Plaintiff shall compensate the 2236-000442-FC/ROBERT GOURLAY Referee in the sum of $ for each adjournment or cancellation, unless the Referee caused the delay; 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 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 responsible for the payment of penalties or 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: $324,101.74 with interest at the note rate from June 2, 2022, 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: $ adjudged to the Plaintiff for costs and disbursements in this action to be taxed by the Clerk and inserted herein, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $ is hereby awarded to 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; 2236-000442-FC/ROBERT GOURLAY Attorney Fees: $5,225.00 is hereby awarded to 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 deposited with the Saratoga County Clerk by the officer conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and in accordance with local County rules regarding Surplus Monies; and itis 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 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 "Third" to said Referee of the amounts specified in items marked "First", "Second", and above; that the "Second" "Third" Referee shall allow the Plaintiff to pay the 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 "Fourth" applied to the amount due Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with "Fifth" paragraph above; and itis 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 §1404; and itis further ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance "First," "Fourth" with paragraphs "Second, "Third", and above are insufficient to pay Plaintiff the "Fourth" Amount Due per the Referee's Report as set forth in paragraph above, Plaintiff may seek to recover a deficiency judgment against ROBERT GOURLAY in accordance with RPAPL §l371 if permitted by law; and itis further 2236-000442-FC/ROBERT GOURLAY ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one is" parcel in "as physical order and condition, subject to any condition that an inspection of the property would disclose; any 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 §1354; 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 upon production in hand of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR 308; and itis further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and itis further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the Saratoga County Clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding handling of Surplus Monies; and itis further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without 2236-000442-FC/ROBERT GOURLAY prior application to the Court unless Plaintiff's attorneys shall elect to make such application; and it is further ORDERED, ADJUDGED AND DECREED that the Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and itis further ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and itis further ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale, he or she shall concurrently filea Foreclosure Actions Surplus Monies Form; and itis further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall file a written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 15 CHALLEDON DR, GANSEVOORT, NY 12831. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. DATED: ENTER: 2236-000442-FC/ROBERT GOURLAY SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES All thatcertainpiece orparcel ofland situate, lying and being inthe Town of Wilton,County ofSaratoga and State of New York, shown and designated as Lot No. 15 Challedon Drive on a map entitled"The Estates atNorthern Pines,Phase - SubdivisionPlan" VII made by The Environmental Design Partnership,dated November 4,2002, and filedin the Saratoga County Clerk'sOffice on May 22,2003, in Drawer N as Map Nos. 189 A. Together with an easement foringress and egressover the shown streets on said map untilsuch time as theyare dedicated to andaccepted by theTown ofWilton as publicroadways. Premises: 15 Challedon Drive,Gansevoort, NY 12831 Tax Parcel ID No.: Section:128.13 Block: 3 Lot:19 2236-000442-FC/ROBERT GOURLAY