Preview
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: JODGMENT OF FORECLOS Recorded: 28-Jan-2014
Index Number: 07 32744 Sequence__Number: 172
TAX MAP NO
Liber Page(s):
M00020787 449
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
At an Ex Parte Term of the Supreme
Court, held in and for the County of
., , ,. Suffolk at the Suffolk County
F Courthou New York
e, Riverhead,
on the7 day of
dymuck. 2014.
HON, JOSEPH C, PASTORESSA
PRESENT: HON.
STA TE OF NEW YORK
SUPRElWE COURT COUNTY OF SUFFOLK
__
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS Index No.: 32744/2007
TRUSTEE ON BEHALF OF THE
CERTIFICATEHOLDERS OF IXIS REAL ESTATE JUDGMENT OF
CAPITAL TRUST MORTGAGE PASS- FORECLOSURE
2004-HE4,
THROUGH CERTIFICATES, SERIES 2004-HE4, .3 AND SALE
Plaintiff, ( , j Mortgaged Premises:
36 Delmar Lane
-vs- (Town of
Commack,
.N Smithtown) New York 11725
RAYMOND J. HANCOCK A/K/A RAYMOND
HANCOCK; . n
BENEFICIAL NEW YORK INC.; zm as: JA 8 2014
MONTAUK AUTOMOTIVE, INC; .
MORGANSTERN & QUATELA;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR GUARANTY
RESIDENTIAL LENDING INC.;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
PEOPLE OF THE STATE-OF NEW YORK;
RICHARD VITELLO;
DENI SE HANCOCK;
Defendants.
UPON the Summons, Verified Complaint and Notice of Pendency duly filed in thisaction on
October 17, 2007 and upon the Notice of Pendency duly re-filed in thisaction on September 29,
2010 and on September 16, 2013, and on allproceedings thereon; and on reading and filingthe
Affirmation of Regularity for Judgment of Foreclosure and Sale of Erinn K. Prestidge, Esq.,
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
dated , showing that each and all of the Defendants herein having been
served within this State with the Summons and Complaint in this action, or have voluntarily
duly
appeared therein by theirrespective attorneys, and proving that more than the legally required
number of days had elapsed since said Defendants were so served and/or appeared as aforesaid
and that none of the Defendants had served any answer to said Complaint, nor had theirtime to
do so been extended and upon the Order dated June 23, 2008, appointing Richard A. Pino, Esq.
to compute the amount due to Plaintiff upon the Note and Mortgage set forth in the Complaint
and to examine Plainti ffor itsagent on the oath as to the allegations of the Complaint, and to
examine and report whether the Mon gaged Premises should be sold in one or more parcels; and
upon reading the report of Richard A. Pino, Esq., Referee, dated September 26, 2013, by which
report itappears that the sum of $768 873.42 was due Plaintiff thereon as of the date interest is
calculated through plus a per diem interest for every day thereafter; and that the Mortgaged
Premises should be sold in one parcel;
NOW, UPON MOTION OF Davidson Fink LLP., attorneys for Plaintiff,itis
ORDERED, that the motion is hereby granted; and itis further
ORDERED, ADJUDGED AND DECREED, that the said Report of Referee be, and the
same is hereby in allrespects ratified and confirmed; and itis further
ORDERED, ADJUDGED AND DECREED, that the Mortgaged Premises described in
the Complaint and hereinafter described in Schedule A, or such part hereof as may be sufficient
to discharge the Mortgage debt, the expense of the sale and the costs of this action as provided
by thelêal Property Actions gfpgfAPL), be sold in one parcel at public
auction, at the 97WEESTMMNW
ggratowi%in W -
/ ,
Suffolk County, New York, by and under the direction of Richard A. Pino, Esq. who ishereby
appointed Referee for that purpo.se; that the said Referee give public notice of the time and place
of sale in accordance with RPAPL §2-31 and the practice of this Court in an official publication,
to wit: SwWh DW
AND Plaintiff or any other parties to this action may become the purchaser or purchasers
at such sale; that in case Plaintiff shall become the purchaser at the said sale itshall not be
required to make any deposit thereon; that said Referee execute to the purchaser or purchasers on
such sale a deed to the premises sold; that in the event that a party other than Plaintiff becomes
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
the purchaser or purchasers at such sale, they shall be required to tender a deposit of 10% of the
purchase price in certified funds and the closing of the title shall be had thirty days after
(30)
such sale unless otherwise stipulated by allparties to the sale;
ORDERED, ADJUDGED AND DECREED that the Referee on receiving the proceeds of
the sale, shall forthwith pay therefrom, in accordance with their priority according to law, the
taxes, assessments, sewer rents or water rates which are now or may become liens on the
premises at the time of sale with such interest or penalties which may have lawfully accrued
Thereon to the date of pay ment; and itis further
ORDERED, ADJUDGED AND DECREED that said Refert·e deposit the balance of said
proceeds of sale in his/her own name as Referee in his/her attorney's trust account and shall
thereafter make the following payments and the checks drawn for that purpose shall be paid by
the said depository:
FIRST: The statutory fees of said Referee for conducting the sale shall be $500.00.
In the event of reinstatement or a scheduled sale is cancelled or postponed, pursuant to CPLR
§8003(a), Plaintiff shall compensate the Referee in the sum of $250.00 for each adjoununent or
cancellation unless the Referee has requested the delay.
SECOND: The expenses of the sale, including advertising, posting and preservation
expenses as shown on the bills presented, and certified by the said Referee to be correct,
duplicate copies of which shall be annexed to the Report of Sale.
THIRD: Said Referee shall also pay to Plaintiff or Plaintiffs attorney, the sum of
$1,22%20 adjudged to Plaintiff for costs and disbursements in this action, with interest from the
date hereof, with interest thereon hereby awarded to Plaintiff in addition to costs, allof with legal
interest thereon from the date hereof, and also the sum of $768,Ú/3,42 the said amount reported
due with interest thereon fro'm June 30, 2013, or so much thereof as the purchase money of the
Mortgaged Premises will pay the same, together with any advances which Plaintiff has made for
taxes, fireinsurance, principal and intere'stand any other charges due to prior Mortgagees, ifany,
or to maintain the premises pending the consummation of this foreclosure sale, alltogether with
interest thereon pursuant to the Mortgage.
FOURTH: If such Referee intends to apply for a further allowance for his/her fees, an
application shall be made to the Court therefor upon due notice to those parties entitled thereto.
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
That in case Plaintiff be the purchaser of said Mortgaged Premises at said sale, or in the
event that the rights of the purchaser at said sale and the terms of sale under this Judgment shall
be assigned to and be acquired by Plaintiff,and a valid assignment thereof filed with the Referee,
the Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall
execute and deliver to Plaintiff a deed or deeds to the premises sold upon the payment to the
"FIRST" "SECOND"
Referee of the amounts specified in items marked and above and the
amoums o F theaforesaid taxes, assessments. sewer rents and water rates. with interest and
penalties thereon, or in lieu of the payment of said last mentioned amcums. upon Aling with said
Referee receipts of the proper municipal authorities showing payment thereof; that the balance of
the amount bid, after deducting therefrom the aforesaid amounts paid by Plaintifffor Referee's
fees, advertising expenses, taxes, assessments, sewer rents and water rates, shall be allowed to
Plaintiff, and applied by the Referee upon the amounts due to Plaintiff as specified above in item
marked "THIRD"; that ifafter applying the balance of the amount bid, there shall be a surplus
over and above the amounts due to Plaintiff, Plaintiff shall pay to the Referee, upon delivery to
Plaintiff of a Referee's deed, the amount of such surplus; that the Referee on receiving said
several amounts from Plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents
and water rates with interest and penalties thereon, unless the same have already been paid, and
then deposit the balance.
That said Referee take the receipt of Plaintiff or Plaintiffs attorney for the amounts paid
"THIRD"
as directed in item marked above and fileitwith his/he eport of Sale; that s/he
17-
deposit the surplus moneys, ifany, with the Suffolk County C~C within
five (5) dÓ after the same shall be received and be ascertainable, to the credit of his action, to
be withdrawn only on the order of this Court, signed by a Justice of this Court. The Referee
shall make his/her report of suchiale under oath showing the disposition of the proceeds of the
sale and accompanied by the vouchers of'the person(s) to whonppaýinents were made and fileit
with the Clerk of the Cdnty of Suffolk within thirty (30) days after completing the sale and
executing the proper conveyance to the purchaser and that ifthe proceeds of such sale be
insufficient to pay the amount reported due to Plaintiff with interest and costs as aforesaid,
Plaintiff recover from the Defendant(s), Raymond J Hancock, the whole deficiency, unless
discharged in bankruptcy, or so much thereof as the Court may deterniine to be just and
equitable, of the Mortgaged debt remaining unsatisfied after a sale of the Mortgaged Premises
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
and the application of the proceeds thereof, provided a motion for judgment shallbe
deficiency
made as prescribed by RPRPL §1371 of the within the time limited therein, and the amount
thereof is determined and awarded by an order of this Court as provided for in said section; and it
is further
ORDERED, that by accepting this appointment the referee certifies that he/she isin
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to. §36.2(c) ("Disqua!i5cations from appoimment ) and §36.2(d) ("Limitations on
appointments based upon compensstion );and itis funher
ORDERED, ADJUDGED AND DECREED that the purchaser or purchasers at said sale
be let into possession on production of the Referee's deed; and itis fu11her
ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this
action and all persons claiming under them, or any or either of them, after the filing of such
Notice of Pendency of this action, be and they are forever barred and foreclosed of allright,
claim, lien, title,interest and equity of redemption in the said Mortgaged Premises and each and
every part thereof; and itis further
ORDERED, AD JUDGED AND DECREED, that the liens of Plaintiff other than the
Mortgage(s) that are the subject matter of this action also be foreclosed herein as though Plaintiff
was named as a party Defendant, specifically reserving to Plaintiff the right to share in any
surplus moneys as a result of such position as a lien creditor; and itis further
ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the
owner of the equity of redemption, any tenants named in this action and any other party entitled
to notice; and itis further
ORDERED, ADJUDGED AND DECREED that said premises is to be sold in one parcel
is"
in "as physical order and condition, subject to:
(a) Covenants, restrictions declarations, reservations, easements, rights of way and
public utility agreements of record, ifany;
(b) Building and zoning regulations and/or ordinances of the city, town and/or village
in which said premises lie;
(c) Rights of the public and others in and to any part of the Mortgaged Premises that
lies within the bounds of any street, alley or highway;
(d) Prior lien(s) of record, if any, except those addressed in RPAPL §1354;
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
.
IP
DESCRIFTION
ALL thatcentainplot,pieceor parcelofland,situate,lyingand beingat Comm Town ofSmithtowa),
County ofSuffolk and Stateof New York, known as and bylot 130 as shownon certainmap entitled,
"Map ofNorth Ridge Estates,SectionNo.4., situated
at Commack, Town ofSmi a,Suffolk County,
N.Y."
New York, owned by T.S.E.DuildirigCorp.,775 Brooklyn Avenue, Baldwin, surveyed May 1964
N.Y.,"
by Baldwin and Cornelius Co., C.E.,
Commack, and filed
November 18, 1964 under
fileNo. 4200.
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021
. .
(e) Any state of facts that an accurate survey, currently dated, might disclose;
(f) Any state of facts an inspection would disclose;
(g) Any and all tenancies, possessory interests and/or leases affecting the Mortgaged
Premises which have not been extinguished by this foreclosure action;
(h) The right of redemption of the United States of America, if any.
A description of said Mortgaged Premises is annexed hereto and made a part hereof as
Schedule A.
Dated: . 2013
Riverhead, Nevs York
___
ENTER: IN SUFFOLK COUNTY ..- O
CD
District: 0800
)
Section: 041.00
Block: 03.00 JAN O 7 2014
Lot: 053.000
Preview
FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: JODGMENT OF FORECLOS Recorded: 28-Jan-2014 Index Number: 07 32744 Sequence__Number: 172 TAX MAP NO Liber Page(s): M00020787 449 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 At an Ex Parte Term of the Supreme Court, held in and for the County of ., , ,. Suffolk at the Suffolk County F Courthou New York e, Riverhead, on the7 day of dymuck. 2014. HON, JOSEPH C, PASTORESSA PRESENT: HON. STA TE OF NEW YORK SUPRElWE COURT COUNTY OF SUFFOLK __ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS Index No.: 32744/2007 TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF IXIS REAL ESTATE JUDGMENT OF CAPITAL TRUST MORTGAGE PASS- FORECLOSURE 2004-HE4, THROUGH CERTIFICATES, SERIES 2004-HE4, .3 AND SALE Plaintiff, ( , j Mortgaged Premises: 36 Delmar Lane -vs- (Town of Commack, .N Smithtown) New York 11725 RAYMOND J. HANCOCK A/K/A RAYMOND HANCOCK; . n BENEFICIAL NEW YORK INC.; zm as: JA 8 2014 MONTAUK AUTOMOTIVE, INC; . MORGANSTERN & QUATELA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GUARANTY RESIDENTIAL LENDING INC.; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; PEOPLE OF THE STATE-OF NEW YORK; RICHARD VITELLO; DENI SE HANCOCK; Defendants. UPON the Summons, Verified Complaint and Notice of Pendency duly filed in thisaction on October 17, 2007 and upon the Notice of Pendency duly re-filed in thisaction on September 29, 2010 and on September 16, 2013, and on allproceedings thereon; and on reading and filingthe Affirmation of Regularity for Judgment of Foreclosure and Sale of Erinn K. Prestidge, Esq., FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 dated , showing that each and all of the Defendants herein having been served within this State with the Summons and Complaint in this action, or have voluntarily duly appeared therein by theirrespective attorneys, and proving that more than the legally required number of days had elapsed since said Defendants were so served and/or appeared as aforesaid and that none of the Defendants had served any answer to said Complaint, nor had theirtime to do so been extended and upon the Order dated June 23, 2008, appointing Richard A. Pino, Esq. to compute the amount due to Plaintiff upon the Note and Mortgage set forth in the Complaint and to examine Plainti ffor itsagent on the oath as to the allegations of the Complaint, and to examine and report whether the Mon gaged Premises should be sold in one or more parcels; and upon reading the report of Richard A. Pino, Esq., Referee, dated September 26, 2013, by which report itappears that the sum of $768 873.42 was due Plaintiff thereon as of the date interest is calculated through plus a per diem interest for every day thereafter; and that the Mortgaged Premises should be sold in one parcel; NOW, UPON MOTION OF Davidson Fink LLP., attorneys for Plaintiff,itis ORDERED, that the motion is hereby granted; and itis further ORDERED, ADJUDGED AND DECREED, that the said Report of Referee be, and the same is hereby in allrespects ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED, that the Mortgaged Premises described in the Complaint and hereinafter described in Schedule A, or such part hereof as may be sufficient to discharge the Mortgage debt, the expense of the sale and the costs of this action as provided by thelêal Property Actions gfpgfAPL), be sold in one parcel at public auction, at the 97WEESTMMNW ggratowi%in W - / , Suffolk County, New York, by and under the direction of Richard A. Pino, Esq. who ishereby appointed Referee for that purpo.se; that the said Referee give public notice of the time and place of sale in accordance with RPAPL §2-31 and the practice of this Court in an official publication, to wit: SwWh DW AND Plaintiff or any other parties to this action may become the purchaser or purchasers at such sale; that in case Plaintiff shall become the purchaser at the said sale itshall not be required to make any deposit thereon; that said Referee execute to the purchaser or purchasers on such sale a deed to the premises sold; that in the event that a party other than Plaintiff becomes FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 the purchaser or purchasers at such sale, they shall be required to tender a deposit of 10% of the purchase price in certified funds and the closing of the title shall be had thirty days after (30) such sale unless otherwise stipulated by allparties to the sale; ORDERED, ADJUDGED AND DECREED that the Referee on receiving the proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments, sewer rents or water rates which are now or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued Thereon to the date of pay ment; and itis further ORDERED, ADJUDGED AND DECREED that said Refert·e deposit the balance of said proceeds of sale in his/her own name as Referee in his/her attorney's trust account and shall thereafter make the following payments and the checks drawn for that purpose shall be paid by the said depository: FIRST: The statutory fees of said Referee for conducting the sale shall be $500.00. In the event of reinstatement or a scheduled sale is cancelled or postponed, pursuant to CPLR §8003(a), Plaintiff shall compensate the Referee in the sum of $250.00 for each adjoununent or cancellation unless the Referee has requested the delay. SECOND: The expenses of the sale, including advertising, posting and preservation expenses as shown on the bills presented, and certified by the said Referee to be correct, duplicate copies of which shall be annexed to the Report of Sale. THIRD: Said Referee shall also pay to Plaintiff or Plaintiffs attorney, the sum of $1,22%20 adjudged to Plaintiff for costs and disbursements in this action, with interest from the date hereof, with interest thereon hereby awarded to Plaintiff in addition to costs, allof with legal interest thereon from the date hereof, and also the sum of $768,Ú/3,42 the said amount reported due with interest thereon fro'm June 30, 2013, or so much thereof as the purchase money of the Mortgaged Premises will pay the same, together with any advances which Plaintiff has made for taxes, fireinsurance, principal and intere'stand any other charges due to prior Mortgagees, ifany, or to maintain the premises pending the consummation of this foreclosure sale, alltogether with interest thereon pursuant to the Mortgage. FOURTH: If such Referee intends to apply for a further allowance for his/her fees, an application shall be made to the Court therefor upon due notice to those parties entitled thereto. FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 That in case Plaintiff be the purchaser of said Mortgaged Premises at said sale, or in the event that the rights of the purchaser at said sale and the terms of sale under this Judgment shall be assigned to and be acquired by Plaintiff,and a valid assignment thereof filed with the Referee, the Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to Plaintiff a deed or deeds to the premises sold upon the payment to the "FIRST" "SECOND" Referee of the amounts specified in items marked and above and the amoums o F theaforesaid taxes, assessments. sewer rents and water rates. with interest and penalties thereon, or in lieu of the payment of said last mentioned amcums. upon Aling with said Referee receipts of the proper municipal authorities showing payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by Plaintifffor Referee's fees, advertising expenses, taxes, assessments, sewer rents and water rates, shall be allowed to Plaintiff, and applied by the Referee upon the amounts due to Plaintiff as specified above in item marked "THIRD"; that ifafter applying the balance of the amount bid, there shall be a surplus over and above the amounts due to Plaintiff, Plaintiff shall pay to the Referee, upon delivery to Plaintiff of a Referee's deed, the amount of such surplus; that the Referee on receiving said several amounts from Plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents and water rates with interest and penalties thereon, unless the same have already been paid, and then deposit the balance. That said Referee take the receipt of Plaintiff or Plaintiffs attorney for the amounts paid "THIRD" as directed in item marked above and fileitwith his/he eport of Sale; that s/he 17- deposit the surplus moneys, ifany, with the Suffolk County C~C within five (5) dÓ after the same shall be received and be ascertainable, to the credit of his action, to be withdrawn only on the order of this Court, signed by a Justice of this Court. The Referee shall make his/her report of suchiale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of'the person(s) to whonppaýinents were made and fileit with the Clerk of the Cdnty of Suffolk within thirty (30) days after completing the sale and executing the proper conveyance to the purchaser and that ifthe proceeds of such sale be insufficient to pay the amount reported due to Plaintiff with interest and costs as aforesaid, Plaintiff recover from the Defendant(s), Raymond J Hancock, the whole deficiency, unless discharged in bankruptcy, or so much thereof as the Court may deterniine to be just and equitable, of the Mortgaged debt remaining unsatisfied after a sale of the Mortgaged Premises FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 and the application of the proceeds thereof, provided a motion for judgment shallbe deficiency made as prescribed by RPRPL §1371 of the within the time limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said section; and it is further ORDERED, that by accepting this appointment the referee certifies that he/she isin compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to. §36.2(c) ("Disqua!i5cations from appoimment ) and §36.2(d) ("Limitations on appointments based upon compensstion );and itis funher ORDERED, ADJUDGED AND DECREED that the purchaser or purchasers at said sale be let into possession on production of the Referee's deed; and itis fu11her ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this action and all persons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action, be and they are forever barred and foreclosed of allright, claim, lien, title,interest and equity of redemption in the said Mortgaged Premises and each and every part thereof; and itis further ORDERED, AD JUDGED AND DECREED, that the liens of Plaintiff other than the Mortgage(s) that are the subject matter of this action also be foreclosed herein as though Plaintiff was named as a party Defendant, specifically reserving to Plaintiff the right to share in any surplus moneys as a result of such position as a lien creditor; and itis further ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice; and itis further ORDERED, ADJUDGED AND DECREED that said premises is to be sold in one parcel is" in "as physical order and condition, subject to: (a) Covenants, restrictions declarations, reservations, easements, rights of way and public utility agreements of record, ifany; (b) Building and zoning regulations and/or ordinances of the city, town and/or village in which said premises lie; (c) Rights of the public and others in and to any part of the Mortgaged Premises that lies within the bounds of any street, alley or highway; (d) Prior lien(s) of record, if any, except those addressed in RPAPL §1354; FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 . IP DESCRIFTION ALL thatcentainplot,pieceor parcelofland,situate,lyingand beingat Comm Town ofSmithtowa), County ofSuffolk and Stateof New York, known as and bylot 130 as shownon certainmap entitled, "Map ofNorth Ridge Estates,SectionNo.4., situated at Commack, Town ofSmi a,Suffolk County, N.Y." New York, owned by T.S.E.DuildirigCorp.,775 Brooklyn Avenue, Baldwin, surveyed May 1964 N.Y.," by Baldwin and Cornelius Co., C.E., Commack, and filed November 18, 1964 under fileNo. 4200. FILED: SUFFOLK COUNTY CLERK 08/09/2021 04:00 PM INDEX NO. 032744/2007 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/09/2021 . . (e) Any state of facts that an accurate survey, currently dated, might disclose; (f) Any state of facts an inspection would disclose; (g) Any and all tenancies, possessory interests and/or leases affecting the Mortgaged Premises which have not been extinguished by this foreclosure action; (h) The right of redemption of the United States of America, if any. A description of said Mortgaged Premises is annexed hereto and made a part hereof as Schedule A. Dated: . 2013 Riverhead, Nevs York ___ ENTER: IN SUFFOLK COUNTY ..- O CD District: 0800 ) Section: 041.00 Block: 03.00 JAN O 7 2014 Lot: 053.000