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FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022
PREME COURT OF THE STATE OF NEW YORK
NTY OF SAINT (HS ü'HsO/ - O3)
LAWRENCE 8 (f.
X INDEX NO. 0148954/16
N IONSTAR MORTGAGE LLC,
TERMS OF SALE
Plaintiff,
vs.
GREGORY S. BLACKMER; LARRY BROWN,
Defendants. .
X
The premises describedin theannexed advenisement ofsale (the"Premises"), will be sold under the
directionofRichard V, Manning, Esq,- Referee, upon the tenns:
following
Ist Ten percent ofthe purchase priceof saidpremises based on the struckdown bid at theauction(the
"Purchase Price")willbe requiredto be paid incash,bank or check
certified payable to the orderof
Richard V. Manning, Esq.- Referee, orsuch other form acceptable tothe at thetime and
Referee,
place ofsale,and forwhich the Referee'sreceiptwillbe given (the"Initial
Payment").
2nd The residueofsaid purchasemoney will be requiredto be paidby bank or certified
check payable to
the orderof the Referee orsuch other form acceptable tothe Referee,whose officeislocated at10
Cassidy Road, PO Box 273Parishville,NY 13672, by the30th day from the date ofthe foreclosure
sale(in theevent thatsaiddate falls
on a holiday or weekend, payment shallbe made on thesoonest
date when
thereafter), the referee's
deed willbe ready fordelivery(hereinafterthe "Closing Date").
Except as provided forherein,TIME IS OF THE ESSENCE with respect tothe Closing Date-as-te
-+1ee-14wehaser-ee4y.
3rd The Referee is not
required tosend any noticeto thePurchaser and ifPurchaser neglects tocallor
failsto appear,
ready, willingand ableto complete the purchaseat the time
and place above specified
to receivethedeed, thePurchaser willbe in defaultofitsobligationshereunder.
4th In the event thatthePlaintiffshallin itssole and absolutediscretion,agree toextend theClosing
Date, it shall
not be extended formore than (30)
thirty calendar days (hereinafter
referredto as the
"Extended Date") and such extension shallbe granted onlyon thefollowing tenns and conditions:
(a)Pmchaser shallpay to thePlaintifforitsassignees bank
in cash, orcertifiedcheck interest
at the
rateof nine percent(9%) perannum on thet.otal
Purchase Price during theperiod ofsuch extension
(inno event shallthe rateofinterestcharged hereunder be in excess ofthe maximum rateprovided
by applicable law); (b) Purchaser shall pay all costs and expenses incurredby the Plaintiffin
connection with the grantingof ·aidexte ion; (c Purchaser shallassume all for
responsibility the
common charges,taxes,insura ce aWCêÌ c . or @•Ífeft!f'fany kind requiredtobe paid by the
Referee herein and theriskof lossor damage from any cause whatsoever duringthe period ofsuch
extension; (d)TIME SHALL BE OF THE ESSENCE with respectto theExtended Date as..se-the---
pewwd t± NY Af$PL §/35
5th Except as setforthhereinfll taxes,assessments, water ratesand otherencumbrance whic , at ths a
time ofthe publicauction,are liens
upon saidpremises,will be paidby the Ref e al•oeII
to thePurchaser, provided thatthe Purchaser shallprevious tothe deliveryof deed,produce to ,
the Referee proof ofpayment of such liens.
lililllllillllll#IlllHlIlill)#(ll IIlllllill
lillumillll IHilmWmil Illlll
II IMMIMlIIIlliIll
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rsh-thrte.In the event thatthe plaintiff
shallhave advanced monies for taxes,assessments, water
charges,sewer rentsor hazard insurancecovering a periodwhich is later
in time thanthe foreclosure
sale date, Purchaser
herem agreesto reimburse plaintifforsuch advances.
6th The Purchaser ofsaid premises, orany portionthereof,will,at thetime and place ofsale,sign a
memorandum ofhis purchase, and an agreement tocomply with the terms and conditions of sale
hereincontained.
7th In case anyPurchaser shall fail
to comply withany of theabove conditionsof sale,thepremises so
struckdown to him willbe again putup for sale under of
the direction theReferee under these same
temas of sale,and inaddition toany other of
liability the Purchaser hereunder, such Purchaser will
be heldliableforany deficienc the ay be between the PurchaseP ice on the sale
and the Purchase
Price on 1'
theresale and Edr éVf#rsRffÜu resale,includingbut not
limitedto Plaintiffs
reasonable art ey's fees,disbursementsand advertisingcosts,
add,4./
8th In the eventthePurchaserfailsfor any reasonto comply in any way with these Terms ofSale,then
the Purchasershallhave no furtherrights toany monies (includingwithout limitationthe Initial
Payment and any payment made in connection with an extension)deposited with the Referee (the
"PartialPayment"), and the Referee isdirected totenderthe PartialPayment toplaintiffwithinten
(10) days of thedate of Purchaser'sdefault,which sum shall reduce theamount which defendant
Mortgagor owes to the
Plaintiff,includingbut notlimited toany and alladditionalexpenses arising
out ofPurchaser's failure
to comply withthese Terms of Sale.
9th Notwithstanding any provision contained hereinto thecontrary,inthe event thetitleis unableto be
conveyed forwhatever reason whatsoever, except forthe defauh of thePurchaser, the Purchaser's
soleremedy shallbe a returnof theInitialPayment orPanial Payment. In thatevent, thePurchaser
shallhave no furtherrightsagainstthe Referee or the Plaintiff.
10th The Purchaser will execute any and alldocuments required by theReferee in connection with this
transfer,
including, without Real
limitation, Property TransferTax forms,New York StateTransfer
Gains Tax forms, New York State E ualiza ionforms and indemnity agreements.
1 Ith deed shallbe paidby the Purchaser.
IS" the the foreclosure without
12th The Premises are sold"AS as of date of sale, any representations
eitherexpress orimplied.
13th The propertywill be soldsubject to:
(a) The stateof factsan accuratesurvey willshow;
(b) All covenants, restrictions,easements, declarations,rights of way, agreements and
reservations,ifany, ofrecord and toany and allviolationsthereof;
(c) Any and all
building and zoning regulations, ordinances
restrictions, and amendments thereto
of themunicipality, theState,the FederalGovernment, or any agency, bureau, commission
or department in which said premises are situated,and to any violationsor notices of
violatiousof the same, including,but notlimitedto,reapportionment oflot and
lines, vault
charges, ifany;
(d) Any and allorders or requirements issuedby any governmental body having jurisdiction
against or affecting
said premises and violations
of the same;
(e) Rights oftenants or personsin possession,ifany; `hay &numLT4
(ex¢f
(f) Priormortgages and judgments, ifany, now liensdf recor
(g) The rightof redemption of the United StatesofAmerica, i“any;
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022
(b) Rightsof any defendants pursuant to CPLR Section317, CPLR Section 2003 and CPLR
Section5015, ifany;
(i) If thepremises are partof a condominium orPlanned Urban Development ("PUD"), the
declaration and theby-laws of the condominium pertaining to thepremises;and
(j) Outstanding condominium charges,ifany, that
have not been extinguishedby the foreclosure
sale;and
(k) Any and allHazardous Materials inthe Premises including,but not limited to,flammable
explosives, radioactivematerials, hazardous wastes, asbestos or any material containing
asbestos,and toxic substances.
(1) Any work that may have been performed on the premises by theCity of New York orany
demand made by the City forany work thatmay resultin charges by the New York City
Department of Rent and llousing Maintenance, Emergency Services,The New York City
Department ofEnvironmental ProtectionforWater Tap Closing or any relatedwork; and the
New York City Department of Health,which liensare notofrecord at thetime of sale;
(m) Any notice of appeal(s), of the judgment of foreclosureand sale,filed by any of the
defendants.
14th The Referee and/orthe Plaintiff
have not made and do notmake any representationsas to the physical
condition,rents,leases,expenses, operation orany other matteror thing affectingorrelatingto the
premises, except as hereinspecificallysetforth,and thePurchaser hereby expresslyacknowledges
thatno representationshave been made.
15th The sale of theproperty issubject toplaintiff's
rightto negotiatea settlementwith the mortgagors
forredemption ofthe property and/orreinstatementof theloan up tothe time ofsale. Inthe eventa
settlementagreement is reachedwiththe mortgagors priorto the auction
ofthis property,and the sale
inadvertentlyproceeds despite such settlementagreement, thesale ofthisproperty shallbe deemed
nulland void and alldepositsreceived shallbe timelyreturned. The successful biddershallhave no
furtherrightsor recourseagainst plaintiff
or the referee
otherthan of
the return the down payment.
16th In theevent a bankruptcy petition prior
is filed, to thescheduled foreclosuresale,by any partywith
an interestinthe subjectpremises, which bankruptcy filingstays theforeclosuresale ofthe subject
premises, thedown payment tendered by thesuccessful bidder,at thesale,shallbe refunded bythe
refereeand the sale deemed nulland void. The successfulbidder shallhave no furtherrightsor
recourse,againstplaintiff
or the referee,
otherthan the returnofthe down payment.
17th In the event a bankruptcy petitionisfiledby any party with an interestin the subjectpremises
subsequent to thescheduled foreclosure sale but
prior toclosing,plaintiff
shall make an application
to thebank.ruptcy courtwithin a reasonable time toconfirm thesale. In the event thebankruptcy
court confirms thesale,a closing shalltakeplace within 30 days ofthe confirmation. In theevent
thebankruptcy courtdoes not confirm thesale,the down payment tendered by thesuccessful bidder
at thesaleshallbe refunded by thereferee and thesale deemed nulland void. The successful bidder
shallhave no further rightsor recourse,againstplaintifforthe referee,otherthan the returnof the
down payment.
18th The Referee and/or the Plaintiff
shallnot be liableor bound by any verbal or writtenstatements,
or estate "setups"
representations,promises, statements guaranties,real broker's or information
pertainingto thepremises furnishedby any real estate
broker, agent,employee or any otherperson
except as specifically
setforth herein.The Referee and/orthe Plaintiff
IS NOT LIABLE FOR ANY
EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, PROMISES OR STATEMENTS OF
ANY KIND RELATING IN ANY MANNER TO THE PREMISES. All understandings and
agreements heretofore had between the parties
are merged inthese Terms ofSale, which fullyand
completely express theiragreement, l'heseTerms of Salecannot be changed or terminatedorallyand
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cannot be waived orally.These terms of sale shallbe binding on the Purchaser(s)and any heirs,
successorsand assigns thereof.
19th To the extentthatthe Terms of Salevariesin any way from theJudgment of Foreclosure and Sale,
attached,thetenns in theJudgment ofForeclosure and Sale controland thevariance inthe Terms of
Sale are null
and void, By signing this
Terms ofSale, each ThirdParty Purchaser acknowledges that
thesignor has readand understands boththe Terms of Saleand the attachedJudgment ofForeclosure
and Sale,thateach signoragrees fullytosame and represents
that eachsignor is underno duress,has
equal bargaining power and has entered intothis agreement of the signor's free willwith full
understanding ofthe for
and ramifications
responsibilities doing so.
20th Any errorsor omissions in computing apportionments and/orallocationof closing costsatclosing
shallbe corrected.This provisionshallsurvive CLOSING and delivery ofthe Referee'sDeed.
Dated:
Referee /q
- REFEREE --
Rich V. Manning ESQ. .
de 'codma/,A thrleyris.c.
MEMO NDUM OF S E The understgned bas on thisthe ___ day of , purchased th
premises described inthe annexed printed advertisement ofsale,for thesmn Doll ($ ) andhereby
promises and agrees tocomply with the tenns and conditionsof thesale ofsat premises as above mentioned
and set forth.
Dated:
Purchaser
Address
Address
Telephone
Received from purchaser,
the sum of Dollars,($ ),
being tenpercent on theamount bid by thepurchaser forproperty sold by me under the judgment inthe above
entitledaction,
c-
Dated:
Referee ..
Richard V. Manning, ESQ. - REFEREE
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CV-2016-014896.
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022
03/01/2022 09 51:0
Pages 3
REFEREES REPORT
Sandra W
- Santamoor,
- St
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SAINT LAWRENCE
X INDEX NO. 0148954/16
NATIONSTAR MORTGAGE LLC
Plaintiff, REFEREE'S REPORT OF SALE
against
L
OBig
GREGORY S. BLACKMER; LARRY BROWN,
#2" #12,"
"JOHN DOE THROUGH "JOHN DOE
THE LAST TWELVE NAMES BEING FICTITIOUS
AND UNKNOWN TO PLAINTIFF, THE PERSONS
OR PARTIES INTENDED BEING THE TENANTS,
OCCUPANTS, PERSONS OR CORPORATIONS, IF
ANY, HAVING OR CLAIMING AN INTEREST IN
OR L1EN UPON THE PREMISES, DESCRIBED IN
THE COMPLAINT,
Defendant(s).
X
STATE OF NEW YORK
COUNTY OF 6 , ... b SS.:
I, Thomas R. Adams, Esq., the Referee duly appointed by the Judgment of Foreclosure
and Sale, made and entered in this action on November 07, 2019, to make the sale of the
mortgaged lands and premises therein particularly described, do respectfully report as follows:
1. That I.caused due notice of the sale of the said lands and premises on January 14, 2022, at
10:00AM at SAINT LAWRENCE COURTHOUSE, 48 COURT STREET, CANTON, NEW
YORK 13617 to be given and published according to law and the rule and practice of this
Court, as appears by the annexed affidavits of publication.
2. That at the time and place for which the said sale was noticed as aforesaid, I attended in
person and, pursuant to said notice, offered said mortgaged lands and premises for sale to the
highest bidder and duly sold the same to NATIONSTAR MORTGAGE LLC, for the sum of
$66,000.00. Thereafter the bid was duly assigned to Federal Home Loan Mortgage Corp.
lilt IElK El 111181111Illi Elltil IEllI l(l1111110101 5E11 illilillKI11E51111111
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3. That I have allowed to the plaintiff as per itsJudgment of Foreclosure and Sale, the sum of
$93,304.16 with interest thereon from March 12, 2018 to January 14, 2022 in the amount of
$27,594.26.
4. That I have allowed said sums to the plaintiff pursuant to the Judgment of Foreclosure and
Sale:
- Publication of the Notice of Sale $182.07
- of the Notice of Sale $250.00
Posting
- Advances for Escrow $9,740.50
- Open Taxes $675.13
- Taxed costs and disbursements $2,424.50
- Fees $3,591.26
Attorney
- Inspection $345.00
Property
5. That the plaintiff has paid my feeherein in the amount of $500.00.
6. That I have made, executed and delivered to Federal Home Loan Mortgage Corp. a good and
sufficient deed of conveyance for the said mortgaged premises so sold pursuant to the terms
of the judgment above referred to.
7. That after such sale herein and the disposal of the proceeds thereof as above provided, there is
a DEFICIENCY in the amount of $72,606.88.
8. That annexed hereto and made a part hereof is a statement showing the several items
aforesaid, and the mode of computation of the deficiency herein.
All of which is respectfully submitted,
Dated: O2
C1 0
REFEREE - Thomas R. Adams, Esq.
FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022
S T A T E M E N T
AMOUNT DUE PER JUDGMENT $93,304.16
Interest thereon from 3/12/2018 to 11/7/2019 $9,217.26
at 5.95 %
Interest thereon from 11/8/2019 to 1/14/2022 $18,377.00
at 9 %
ADVANCES FOR ESCROW $9,740.50
OPEN TAXES $675.13
TAXED COSTS AND DISBURSEMENTS $2,424.50
w/ interest per JFS
ADVERTIS1NG EXPENSES $182.07
POSTING OF THE NOTICE OF SALE $250.00
REFEREE FEE $500.00
PROPERTY INSPECTIONS $345.00
ATTORNEY FEES $3,591.26
w/ interest per JFS
TOTAL DUE $138,606.88
PURCHASE PRICE $66,000.00
DEFICIENCY $72,606.88
Thomas R. Adams, Esq. REFEREE
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FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 PREME COURT OF THE STATE OF NEW YORK NTY OF SAINT (HS ü'HsO/ - O3) LAWRENCE 8 (f. X INDEX NO. 0148954/16 N IONSTAR MORTGAGE LLC, TERMS OF SALE Plaintiff, vs. GREGORY S. BLACKMER; LARRY BROWN, Defendants. . X The premises describedin theannexed advenisement ofsale (the"Premises"), will be sold under the directionofRichard V, Manning, Esq,- Referee, upon the tenns: following Ist Ten percent ofthe purchase priceof saidpremises based on the struckdown bid at theauction(the "Purchase Price")willbe requiredto be paid incash,bank or check certified payable to the orderof Richard V. Manning, Esq.- Referee, orsuch other form acceptable tothe at thetime and Referee, place ofsale,and forwhich the Referee'sreceiptwillbe given (the"Initial Payment"). 2nd The residueofsaid purchasemoney will be requiredto be paidby bank or certified check payable to the orderof the Referee orsuch other form acceptable tothe Referee,whose officeislocated at10 Cassidy Road, PO Box 273Parishville,NY 13672, by the30th day from the date ofthe foreclosure sale(in theevent thatsaiddate falls on a holiday or weekend, payment shallbe made on thesoonest date when thereafter), the referee's deed willbe ready fordelivery(hereinafterthe "Closing Date"). Except as provided forherein,TIME IS OF THE ESSENCE with respect tothe Closing Date-as-te -+1ee-14wehaser-ee4y. 3rd The Referee is not required tosend any noticeto thePurchaser and ifPurchaser neglects tocallor failsto appear, ready, willingand ableto complete the purchaseat the time and place above specified to receivethedeed, thePurchaser willbe in defaultofitsobligationshereunder. 4th In the event thatthePlaintiffshallin itssole and absolutediscretion,agree toextend theClosing Date, it shall not be extended formore than (30) thirty calendar days (hereinafter referredto as the "Extended Date") and such extension shallbe granted onlyon thefollowing tenns and conditions: (a)Pmchaser shallpay to thePlaintifforitsassignees bank in cash, orcertifiedcheck interest at the rateof nine percent(9%) perannum on thet.otal Purchase Price during theperiod ofsuch extension (inno event shallthe rateofinterestcharged hereunder be in excess ofthe maximum rateprovided by applicable law); (b) Purchaser shall pay all costs and expenses incurredby the Plaintiffin connection with the grantingof ·aidexte ion; (c Purchaser shallassume all for responsibility the common charges,taxes,insura ce aWCêÌ c . or @•Ífeft!f'fany kind requiredtobe paid by the Referee herein and theriskof lossor damage from any cause whatsoever duringthe period ofsuch extension; (d)TIME SHALL BE OF THE ESSENCE with respectto theExtended Date as..se-the--- pewwd t± NY Af$PL §/35 5th Except as setforthhereinfll taxes,assessments, water ratesand otherencumbrance whic , at ths a time ofthe publicauction,are liens upon saidpremises,will be paidby the Ref e al•oeII to thePurchaser, provided thatthe Purchaser shallprevious tothe deliveryof deed,produce to , the Referee proof ofpayment of such liens. lililllllillllll#IlllHlIlill)#(ll IIlllllill lillumillll IHilmWmil Illlll II IMMIMlIIIlliIll 16-220014 - MeK FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 rsh-thrte.In the event thatthe plaintiff shallhave advanced monies for taxes,assessments, water charges,sewer rentsor hazard insurancecovering a periodwhich is later in time thanthe foreclosure sale date, Purchaser herem agreesto reimburse plaintifforsuch advances. 6th The Purchaser ofsaid premises, orany portionthereof,will,at thetime and place ofsale,sign a memorandum ofhis purchase, and an agreement tocomply with the terms and conditions of sale hereincontained. 7th In case anyPurchaser shall fail to comply withany of theabove conditionsof sale,thepremises so struckdown to him willbe again putup for sale under of the direction theReferee under these same temas of sale,and inaddition toany other of liability the Purchaser hereunder, such Purchaser will be heldliableforany deficienc the ay be between the PurchaseP ice on the sale and the Purchase Price on 1' theresale and Edr éVf#rsRffÜu resale,includingbut not limitedto Plaintiffs reasonable art ey's fees,disbursementsand advertisingcosts, add,4./ 8th In the eventthePurchaserfailsfor any reasonto comply in any way with these Terms ofSale,then the Purchasershallhave no furtherrights toany monies (includingwithout limitationthe Initial Payment and any payment made in connection with an extension)deposited with the Referee (the "PartialPayment"), and the Referee isdirected totenderthe PartialPayment toplaintiffwithinten (10) days of thedate of Purchaser'sdefault,which sum shall reduce theamount which defendant Mortgagor owes to the Plaintiff,includingbut notlimited toany and alladditionalexpenses arising out ofPurchaser's failure to comply withthese Terms of Sale. 9th Notwithstanding any provision contained hereinto thecontrary,inthe event thetitleis unableto be conveyed forwhatever reason whatsoever, except forthe defauh of thePurchaser, the Purchaser's soleremedy shallbe a returnof theInitialPayment orPanial Payment. In thatevent, thePurchaser shallhave no furtherrightsagainstthe Referee or the Plaintiff. 10th The Purchaser will execute any and alldocuments required by theReferee in connection with this transfer, including, without Real limitation, Property TransferTax forms,New York StateTransfer Gains Tax forms, New York State E ualiza ionforms and indemnity agreements. 1 Ith deed shallbe paidby the Purchaser. IS" the the foreclosure without 12th The Premises are sold"AS as of date of sale, any representations eitherexpress orimplied. 13th The propertywill be soldsubject to: (a) The stateof factsan accuratesurvey willshow; (b) All covenants, restrictions,easements, declarations,rights of way, agreements and reservations,ifany, ofrecord and toany and allviolationsthereof; (c) Any and all building and zoning regulations, ordinances restrictions, and amendments thereto of themunicipality, theState,the FederalGovernment, or any agency, bureau, commission or department in which said premises are situated,and to any violationsor notices of violatiousof the same, including,but notlimitedto,reapportionment oflot and lines, vault charges, ifany; (d) Any and allorders or requirements issuedby any governmental body having jurisdiction against or affecting said premises and violations of the same; (e) Rights oftenants or personsin possession,ifany; `hay &numLT4 (ex¢f (f) Priormortgages and judgments, ifany, now liensdf recor (g) The rightof redemption of the United StatesofAmerica, i“any; 16-220014 - MeK FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 (b) Rightsof any defendants pursuant to CPLR Section317, CPLR Section 2003 and CPLR Section5015, ifany; (i) If thepremises are partof a condominium orPlanned Urban Development ("PUD"), the declaration and theby-laws of the condominium pertaining to thepremises;and (j) Outstanding condominium charges,ifany, that have not been extinguishedby the foreclosure sale;and (k) Any and allHazardous Materials inthe Premises including,but not limited to,flammable explosives, radioactivematerials, hazardous wastes, asbestos or any material containing asbestos,and toxic substances. (1) Any work that may have been performed on the premises by theCity of New York orany demand made by the City forany work thatmay resultin charges by the New York City Department of Rent and llousing Maintenance, Emergency Services,The New York City Department ofEnvironmental ProtectionforWater Tap Closing or any relatedwork; and the New York City Department of Health,which liensare notofrecord at thetime of sale; (m) Any notice of appeal(s), of the judgment of foreclosureand sale,filed by any of the defendants. 14th The Referee and/orthe Plaintiff have not made and do notmake any representationsas to the physical condition,rents,leases,expenses, operation orany other matteror thing affectingorrelatingto the premises, except as hereinspecificallysetforth,and thePurchaser hereby expresslyacknowledges thatno representationshave been made. 15th The sale of theproperty issubject toplaintiff's rightto negotiatea settlementwith the mortgagors forredemption ofthe property and/orreinstatementof theloan up tothe time ofsale. Inthe eventa settlementagreement is reachedwiththe mortgagors priorto the auction ofthis property,and the sale inadvertentlyproceeds despite such settlementagreement, thesale ofthisproperty shallbe deemed nulland void and alldepositsreceived shallbe timelyreturned. The successful biddershallhave no furtherrightsor recourseagainst plaintiff or the referee otherthan of the return the down payment. 16th In theevent a bankruptcy petition prior is filed, to thescheduled foreclosuresale,by any partywith an interestinthe subjectpremises, which bankruptcy filingstays theforeclosuresale ofthe subject premises, thedown payment tendered by thesuccessful bidder,at thesale,shallbe refunded bythe refereeand the sale deemed nulland void. The successfulbidder shallhave no furtherrightsor recourse,againstplaintiff or the referee, otherthan the returnofthe down payment. 17th In the event a bankruptcy petitionisfiledby any party with an interestin the subjectpremises subsequent to thescheduled foreclosure sale but prior toclosing,plaintiff shall make an application to thebank.ruptcy courtwithin a reasonable time toconfirm thesale. In the event thebankruptcy court confirms thesale,a closing shalltakeplace within 30 days ofthe confirmation. In theevent thebankruptcy courtdoes not confirm thesale,the down payment tendered by thesuccessful bidder at thesaleshallbe refunded by thereferee and thesale deemed nulland void. The successful bidder shallhave no further rightsor recourse,againstplaintifforthe referee,otherthan the returnof the down payment. 18th The Referee and/or the Plaintiff shallnot be liableor bound by any verbal or writtenstatements, or estate "setups" representations,promises, statements guaranties,real broker's or information pertainingto thepremises furnishedby any real estate broker, agent,employee or any otherperson except as specifically setforth herein.The Referee and/orthe Plaintiff IS NOT LIABLE FOR ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, PROMISES OR STATEMENTS OF ANY KIND RELATING IN ANY MANNER TO THE PREMISES. All understandings and agreements heretofore had between the parties are merged inthese Terms ofSale, which fullyand completely express theiragreement, l'heseTerms of Salecannot be changed or terminatedorallyand 16-220014 - MeK FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 cannot be waived orally.These terms of sale shallbe binding on the Purchaser(s)and any heirs, successorsand assigns thereof. 19th To the extentthatthe Terms of Salevariesin any way from theJudgment of Foreclosure and Sale, attached,thetenns in theJudgment ofForeclosure and Sale controland thevariance inthe Terms of Sale are null and void, By signing this Terms ofSale, each ThirdParty Purchaser acknowledges that thesignor has readand understands boththe Terms of Saleand the attachedJudgment ofForeclosure and Sale,thateach signoragrees fullytosame and represents that eachsignor is underno duress,has equal bargaining power and has entered intothis agreement of the signor's free willwith full understanding ofthe for and ramifications responsibilities doing so. 20th Any errorsor omissions in computing apportionments and/orallocationof closing costsatclosing shallbe corrected.This provisionshallsurvive CLOSING and delivery ofthe Referee'sDeed. Dated: Referee /q - REFEREE -- Rich V. Manning ESQ. . de 'codma/,A thrleyris.c. MEMO NDUM OF S E The understgned bas on thisthe ___ day of , purchased th premises described inthe annexed printed advertisement ofsale,for thesmn Doll ($ ) andhereby promises and agrees tocomply with the tenns and conditionsof thesale ofsat premises as above mentioned and set forth. Dated: Purchaser Address Address Telephone Received from purchaser, the sum of Dollars,($ ), being tenpercent on theamount bid by thepurchaser forproperty sold by me under the judgment inthe above entitledaction, c- Dated: Referee .. Richard V. Manning, ESQ. - REFEREE 16-220014 - MeK FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 CV-2016-014896. NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 03/01/2022 09 51:0 Pages 3 REFEREES REPORT Sandra W - Santamoor, - St SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SAINT LAWRENCE X INDEX NO. 0148954/16 NATIONSTAR MORTGAGE LLC Plaintiff, REFEREE'S REPORT OF SALE against L OBig GREGORY S. BLACKMER; LARRY BROWN, #2" #12," "JOHN DOE THROUGH "JOHN DOE THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF, THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPORATIONS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR L1EN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Defendant(s). X STATE OF NEW YORK COUNTY OF 6 , ... b SS.: I, Thomas R. Adams, Esq., the Referee duly appointed by the Judgment of Foreclosure and Sale, made and entered in this action on November 07, 2019, to make the sale of the mortgaged lands and premises therein particularly described, do respectfully report as follows: 1. That I.caused due notice of the sale of the said lands and premises on January 14, 2022, at 10:00AM at SAINT LAWRENCE COURTHOUSE, 48 COURT STREET, CANTON, NEW YORK 13617 to be given and published according to law and the rule and practice of this Court, as appears by the annexed affidavits of publication. 2. That at the time and place for which the said sale was noticed as aforesaid, I attended in person and, pursuant to said notice, offered said mortgaged lands and premises for sale to the highest bidder and duly sold the same to NATIONSTAR MORTGAGE LLC, for the sum of $66,000.00. Thereafter the bid was duly assigned to Federal Home Loan Mortgage Corp. lilt IElK El 111181111Illi Elltil IEllI l(l1111110101 5E11 illilillKI11E51111111 16-220014 - CyB FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 3. That I have allowed to the plaintiff as per itsJudgment of Foreclosure and Sale, the sum of $93,304.16 with interest thereon from March 12, 2018 to January 14, 2022 in the amount of $27,594.26. 4. That I have allowed said sums to the plaintiff pursuant to the Judgment of Foreclosure and Sale: - Publication of the Notice of Sale $182.07 - of the Notice of Sale $250.00 Posting - Advances for Escrow $9,740.50 - Open Taxes $675.13 - Taxed costs and disbursements $2,424.50 - Fees $3,591.26 Attorney - Inspection $345.00 Property 5. That the plaintiff has paid my feeherein in the amount of $500.00. 6. That I have made, executed and delivered to Federal Home Loan Mortgage Corp. a good and sufficient deed of conveyance for the said mortgaged premises so sold pursuant to the terms of the judgment above referred to. 7. That after such sale herein and the disposal of the proceeds thereof as above provided, there is a DEFICIENCY in the amount of $72,606.88. 8. That annexed hereto and made a part hereof is a statement showing the several items aforesaid, and the mode of computation of the deficiency herein. All of which is respectfully submitted, Dated: O2 C1 0 REFEREE - Thomas R. Adams, Esq. FILED: ST. LAWRENCE COUNTY CLERK 09/06/2022 10:53 AMINDEX NO. EFCV-2016-0148954 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/06/2022 S T A T E M E N T AMOUNT DUE PER JUDGMENT $93,304.16 Interest thereon from 3/12/2018 to 11/7/2019 $9,217.26 at 5.95 % Interest thereon from 11/8/2019 to 1/14/2022 $18,377.00 at 9 % ADVANCES FOR ESCROW $9,740.50 OPEN TAXES $675.13 TAXED COSTS AND DISBURSEMENTS $2,424.50 w/ interest per JFS ADVERTIS1NG EXPENSES $182.07 POSTING OF THE NOTICE OF SALE $250.00 REFEREE FEE $500.00 PROPERTY INSPECTIONS $345.00 ATTORNEY FEES $3,591.26 w/ interest per JFS TOTAL DUE $138,606.88 PURCHASE PRICE $66,000.00 DEFICIENCY $72,606.88 Thomas R. Adams, Esq. REFEREE