Preview
At a term of Supreme Court of the State of New
York held in and for the County of Herkimer, at
the Herkimer County Courthouse,
New York on the __ day of
, 2020.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
Present: Hon. John H. Crandall. J.S.C. _ JUDGMENT OF
M&T BANK, FORECLOSURE
AND SALE
Plaintiff,
Index No.: 2019-105719
v. RJINo.: 21-19-525
THOMAS E. MCDONALD, IH A/K/A THOMAS Property address:
MCDONALD, III A/K/A THOMAS MCDONALD, 227 West Main Street
SARAH M. MCDONALD A/K/A SARAH MCDONALD, Frankfort, NY 13340
Defendants. SBL #: 112.65-1-41
[PLAINTIFF'S COUNSEL MUST CHECK AND COMPLETE ALL
APPLICABLE ENTRIES IN THIS JUDGMENT OF
FORECLOSURE EXCEPT AS OTHERWISE NOTED]
Plaintiff having moved this Court for a Judgment of Foreclosure and Sale,
NOW, upon plaintiff's O ex parte application or El motion heard on
at which time O plaintiff/ O defendant appeared, O or no appearâñces were required, and upon
all prior proceedings herein, and upon
1) the Summons and Complaint filed on May 24, 2019
2) the Notice of Pendency filed on May 24, 2019
3) the Affirmation of attorney's fees of Kristin M. Bolduc, Esq., affirmed on February
2020, with Exhibit A annexed;
4) the Affirmation of Judgment of Foreclosure and Sale of Kristin M. Bolduc, Esq. dated
A -H
fl d , 2020, with Exhibits annexed;
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5) the Report of the Referee, Joshua P. Bannister, Esq., dated February 14, 2020, by which Report
itappears that the sum of $101,188.40 was due as of August 30, 2019, and the mortgaged
premises should be sold in E one parcel or O
6) proof of service upon allparties entitled to notice of this application for a Judgment of
Foreclosure and Sale:
7) other [specify]
itis hereby
Ratification of Referee's Report
ORDERED, ADJUDGED and DECREED that to the extent provided from herein the Report of
Referee , Joshua P. Baunister, Esq., dated February 14, 2020 be and the same hereby is ratified and
confirmed; and itis further
Sale Instructions
ORDERED, ADJUDGED and DECREED that the above-described mortgaged premises,
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 Real Property Actions and Proceedings law, be sold in
2 one parcel at public auction within 90 days of the entry of this Judgment pursuant to RPAPL
§1351(1) at _ Herkimer County Office and Courthouse
301 North Washington Street - 5th Floor Village of New York of the
Building, Lobby, Herkimer,
Herkimer County Clerk's Office by and under the direction of the Referee who is appcinted herein
for that purpose, and the Referee shall set the date of sale and give public notice of the time and
place of sale in accordance with RPAPL §231 in the in the Evening Telegram; and
[The Court Will Initial the Applicable Provision Below]
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O the Referee shall conduct the foreclosure sale within 90 days of this Judgment of
Foreclosure;
O the Referee shall conduct the foreclosure sale on or before ;
And it isfurther
Initial Bid Instructions
ORDERED, ADJUDGED and DECREED that the Referee shall accept at such sale the
highest bid offered by a bidder who shall be identified upon the court record and shall require that
such successful bidder immediately execute Terms of Sale for the purchase of the premises and pay
to the Referee, in cash or certified bank check, ten percent (10%) of the sum bid. Unless the
successful bidder is the plaintiff in which case no deposit against the purchase price shall be
required; and it isfurther
that if thepurchaser is a third then the open if be pro-
ORDERED, party, taxes, any, may
rated as of the date of sale; and itis further
. .
Subsequent Bid Instructions
ORDERED, ADJUDGED and DECREED that in the event the first successful bidder fails
to execute the Terms of Sale immediately following the bidding upon the subject premises of failsto
immediately pay the ten percent (10%) deposit as required, the premises shall immediately and on
the same day be reoffered at auction; and itis further
Closing of Title
ORDERED, ADJUDGED and DECREED that the closing of title shall take place at the
office of the Referee or at such other location as the Referee shall determine and the closing of title
and filing of the Referee's deed shall be made within forty-five (45) days after such sale unless
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otherwise stipulated to by all parties. The Referee shall transfer titleonly to the successful bidder at
the auction. Any delay or adjournment of the closing date beyond forty-five (45) days may be
stipulated to by the parties with the Referee's consent up to ninety (90) days from the date of sale.
Ant adjournment beyond (90) days may be set only with approval of this court; and itis further
Deposit of Funds
ORDERED, ADJUDGED and DECREED that the Referee shall deposit allfunds received
pursuant to this Judgment of Foreclosure and Sale in the Referee's IOLA account; and itis further
. Payments from Funds
ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of
such sale shall cause to be paid promptly therefrom:
FIRST: The statutory fees and commissions of the Referee pursuant
to CPLR §8003(b) in the amount of $500,00. In the event the sale is
cancelled or postponed by a person or entity other than the Referee, or the
action is discontinued, pursuant to CPLR §8003(a) the plaintiff shall pay
to the Referee the sum of $350.00 for each adjournment or cancellation,
and for any discontinuance. Such compensation may be recouped from the
proceeds of sale as a cost to plaintiff. This Judgment of Foreclosure and
Sale constitutes the necessary prior authorization for compensation as set
forth herein. No compensation in excess of $750.00, including
compensation authorized pursuant to CPLR §8003(a) for computation of
the sum due to plaintiff, may be accepted by the Referee without Court
approval and compliance with the provisions of 22 NYCCR §36.4.
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SECOND: The reasonable expenses of the sale, including the cost of
advertising as shown on the bills presented and certified by the Referee to
be correct, copies of which shall be annexed to the Report of Sale. The
Referee shall not be held 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: Pursuant to RPAPL §1354 in accordance with their priority
according to law, all taxes, assessments, sewer rents, water rates, and any
other charges placed upon the premises by any municipal authorities
having priority over the foreclosed mortgage and which are liens on the
premises at the time of sale, with such interest or penalties that lawfully
may have accrued thereon to the date of payment.
FOURTH: as limited herein, to the plaintiff or its attorneys
(a) [to be inserted by the clerk] the sum of $ for costs
and disbursements in this action to be taxed by the Clerk, with interest
from the date hereof;
(b) The sum of $101,188.40, the amount reported by the Referee and/or
approved by the Court as due, together with interest thereon pursuant to
the terms of the Note from August 30, 2019, the date to which interest was
calculated in the Report of the Referee through the date of entry of this
judgment of Foreclosure and and thereafter at the post-
Sale, statutory
judgment rate to the date of transfer of title,or so much thereof as the
purchase money of the mortgaged premises will pay of the same;
(c) [to be inserted by the court] the sum of $ hereby
awarded to the plaintiff as reasonable legal fees as provided for in the
Mortgage;
(d) the amount of any advances provided for in the Note and Mortgage that
plaintiff may have made for taxes and insurance, and amounts due to prior
mortgagors, upon presentation to the Referee of receipts for these
expenditures;
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(e) the amount of any advances provided for in the Note and Mortgage that
plaintiff reasonably may have made to maintain the premises pending
consummation of the foreclosure sale upon presentation to the Referee of
receipts for these expenditures.
Notwithstanding sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may
recover interest for only ninety (90) days after the date of this Judgment of Foreclosure
and Sale, and plaintiff may recover up to a maxim1un of only $250.00 for any
maintenance or premise preservation expenses after the date of this Judgment of
Foreclosure; and itis further
Report of Sale
ORDERED, ADJUDGED and DECREED that the Referee shall timely filethe
Referee's Report of Sale and plaintiff shall timely move to confinn the Referee's report of Sale
pursuant to RPAPL §1355; and it isfurther
Plaintiff as Purchaser
ORDERED, ADJUDGED and DECREED that in the.event plaintiff purchases the
mortgaged premises at the sale, the Referee shall not require the plaintiff to pay in cash the entire
amount bid at the sale but shall execute and deliver to the plaintiff a deed of the premises sold
"FlRST,"
upon payment to the Referee of the sum awarded under the provisions marked
"SECOND," "THIRD,"
and if such expenses were paid by the Referee, or in lieu of the payment
of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal
authorities showing payment thereof. The balance of the amount bid, after deducting therefrom
the aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the
"FOURTH."
Referee upon the amounts due to the plaintiff as specified in item marked If upon
applying the balance of the amount bid, there is a surplus over and above the amounts due to
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plaintiff, then upon delivery to plaintiff of the Referee's deed, plaintiff shall pay to the Referee
the amount of such surplus, which emount shall be applied by the Referee, upon motion made
pursuant to RPAPL §1351(3), and proof satisfactory to the Referee of the sums due thereon, to
any subordinate mortgage duly recorded against the premises pursuant to RPAPL §1354(3),
which shall be reported in the Referee's report of Sales. Any surplus remaining after all
payments as herein provided shall be deposited into Court in accordance with RPAPL §1354(4)
and the Referee shall immediately give notice of such surplus to the owner of the mortgaged
premises as identified by plaintiff at the time of the sale; and itis further
Surplus Monies
ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the
Referee's Report of Sale plaintiff's receipt(s) for the amounts paid as directed in item marked
"FOURTH,"
and the Referee shall deposit the surplus monies, ifany, with the Herkimer County
Department of Fiüãñce, to the credit of this action, within five (5) days after receipt unless such
period is deemed extended by the filing of an application for additional compensation, to be
withdrawn only upon order of this Court; and the Referee shall make the Referee's Report of
Sale under oath showing the disposition of the proceeds of the sale accompanied by the vouchers
of the person(s) to whom payment was made, and shall fileit inthe Herkimer County Clerk's
Office within (30) days after completing the sale and executing the proper conveyance to the
purchaser or within (30) days of a decision of this Court with respect to any application for
additional compensation; and itis further
Foreclosure Action Surplus Monies Form
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ORDERED, ADJUDGED and DECREED that the Referee shall complete the
Foreclosure Action Surplus Monies Form and fileit in the Herkimer County Clerk's Office and
deliver a copy to the Court within (30) days of the foreclosure sale; and itis further
Deficiency Judgment Application
ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are insufficient to
pay the amount reported by the Referee as due to plaintiff, the plaintiff may apply to the Court to
recover the whole or such part of the deficiency as prescribed by RPAPL §1371; and itis further
Possession
ORDERED, ADJUDGED and DECREED that the purchaser(s) at the foreclosure sale
be let into possession of the premises on production of the Referee's deed; and itis further
Claims Barred
ORDERED, ADJUDGED and DECREED that the defendant(s) in this action, and all
persons claiming under any of them after the filing of the Notice of Pendency of this action, be
and hereby forever are barred and foreclosed of allright, claim, lien, title,interest and equity of
redemption in the mortgaged premises and each and every part thereof; and itis further
Conditions of Sale
is"
ORDERED, ADJUDGED and DECREED that the premises be sold in "as physical
order and condition on the day of the sale, subject to any state of facts that an inspection of the
premises would disclose, any state of facts that an accurate survey of the premises would show,
any covenants, restrictions, declarations, reservations, easements, right of way and public utility
agreements of record, any building and zoning ordinances of the municipality in which the
mortgaged premises are located and possible violations of same, any rights of tenants or persons
in possession of the subject premises, prior liens of record, ifany, except those liens addressed
{8011883:3}«Field78»
in RPAPL §1354, and any equity of redemption of the United States of America to redeem the
premises within one hundred twenty (120) days from the date of sale. Risk of loss shall not pass
to purchaser until closing of title;and itis further
Referee Qualification
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
including but not limited to 22 NYCRR §36.2(c) ("Disqualifications from appointment") and 22
NYCRR §36.2(d) ("Limitations on appointments based upon compensation"); and itis further
Service of Judgment of Foreclosure and Sale
ORDERED, ADJUDGED and DECREED that a copy of this Judgment of Foreclosure
and sale with notice of entry shall be served within twenty (20) days of entry and no less than
thirty (30) days prior to sale upon the designated Referee, the owner of the equity of rederuption
as of the date of this Judgment of foreclosure and Sale, any tenants named in this.action, and any
other party entitled to notice; and itis further
Service of Notice of Sale
ORDERED, ADJUDGED and DECREED that plaintiff shall serve a copy of the
Noticed of Sale upon the owner of equity of redemption at the owner of equity of redemption's
last known address and at the property address, and an affidavit of such service shall be filed at
ten (10) days prior to the scheduled sale; and it isfurther
Transfer of Interest During Pendency
ORDERED, ADJUDGED and DECREED that during the pendency of this action if
any interest in the Note and/or Mortgage that is the subject of this action has been or is
transferred, the person or entity to whom the interest has been or is transferred shall apply to the
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Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to
CPLR §1018.
ORDERED, ADJUDGED AND DECREED that Plaintiff has established standing in this
action.
SIGNED:
Justice of the Supreme Court
Hon. John H. Crandall
ENTER:
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Schedule A
Property Address:
227 West Main Street
Frankfort, NY 13340
SBL No.: 112.65-1-41
ALL THAT TRACT OR PARCEL OF LAND, situate in the Village and Town of Frankfort,
County of Herkimer, and State of New York, bounded and described as follows: Bounded on the
north by West Main Street; on the east by property formerly of Benjamin Baker; on the south by
lands now or formerly of New York State Railways; on the west by lands now or formerly of C. L.
Fox; being fifty feet wide front and rear and extending southerly from said Main Street to the lands,
now or formerly of the New York State Railways.
Subject to easements, covenants, and restriction of record.
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Preview
At a term of Supreme Court of the State of New York held in and for the County of Herkimer, at the Herkimer County Courthouse, New York on the __ day of , 2020. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER Present: Hon. John H. Crandall. J.S.C. _ JUDGMENT OF M&T BANK, FORECLOSURE AND SALE Plaintiff, Index No.: 2019-105719 v. RJINo.: 21-19-525 THOMAS E. MCDONALD, IH A/K/A THOMAS Property address: MCDONALD, III A/K/A THOMAS MCDONALD, 227 West Main Street SARAH M. MCDONALD A/K/A SARAH MCDONALD, Frankfort, NY 13340 Defendants. SBL #: 112.65-1-41 [PLAINTIFF'S COUNSEL MUST CHECK AND COMPLETE ALL APPLICABLE ENTRIES IN THIS JUDGMENT OF FORECLOSURE EXCEPT AS OTHERWISE NOTED] Plaintiff having moved this Court for a Judgment of Foreclosure and Sale, NOW, upon plaintiff's O ex parte application or El motion heard on at which time O plaintiff/ O defendant appeared, O or no appearâñces were required, and upon all prior proceedings herein, and upon 1) the Summons and Complaint filed on May 24, 2019 2) the Notice of Pendency filed on May 24, 2019 3) the Affirmation of attorney's fees of Kristin M. Bolduc, Esq., affirmed on February 2020, with Exhibit A annexed; 4) the Affirmation of Judgment of Foreclosure and Sale of Kristin M. Bolduc, Esq. dated A -H fl d , 2020, with Exhibits annexed; {8011883:3}20190583 5) the Report of the Referee, Joshua P. Bannister, Esq., dated February 14, 2020, by which Report itappears that the sum of $101,188.40 was due as of August 30, 2019, and the mortgaged premises should be sold in E one parcel or O 6) proof of service upon allparties entitled to notice of this application for a Judgment of Foreclosure and Sale: 7) other [specify] itis hereby Ratification of Referee's Report ORDERED, ADJUDGED and DECREED that to the extent provided from herein the Report of Referee , Joshua P. Baunister, Esq., dated February 14, 2020 be and the same hereby is ratified and confirmed; and itis further Sale Instructions ORDERED, ADJUDGED and DECREED that the above-described mortgaged premises, 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 Real Property Actions and Proceedings law, be sold in 2 one parcel at public auction within 90 days of the entry of this Judgment pursuant to RPAPL §1351(1) at _ Herkimer County Office and Courthouse 301 North Washington Street - 5th Floor Village of New York of the Building, Lobby, Herkimer, Herkimer County Clerk's Office by and under the direction of the Referee who is appcinted herein for that purpose, and the Referee shall set the date of sale and give public notice of the time and place of sale in accordance with RPAPL §231 in the in the Evening Telegram; and [The Court Will Initial the Applicable Provision Below] {8011883:3}«Field78» O the Referee shall conduct the foreclosure sale within 90 days of this Judgment of Foreclosure; O the Referee shall conduct the foreclosure sale on or before ; And it isfurther Initial Bid Instructions ORDERED, ADJUDGED and DECREED that the Referee shall accept at such sale the highest bid offered by a bidder who shall be identified upon the court record and shall require that such successful bidder immediately execute Terms of Sale for the purchase of the premises and pay to the Referee, in cash or certified bank check, ten percent (10%) of the sum bid. Unless the successful bidder is the plaintiff in which case no deposit against the purchase price shall be required; and it isfurther that if thepurchaser is a third then the open if be pro- ORDERED, party, taxes, any, may rated as of the date of sale; and itis further . . Subsequent Bid Instructions ORDERED, ADJUDGED and DECREED that in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject premises of failsto immediately pay the ten percent (10%) deposit as required, the premises shall immediately and on the same day be reoffered at auction; and itis further Closing of Title ORDERED, ADJUDGED and DECREED that the closing of title shall take place at the office of the Referee or at such other location as the Referee shall determine and the closing of title and filing of the Referee's deed shall be made within forty-five (45) days after such sale unless {8011883:3}«Field78» otherwise stipulated to by all parties. The Referee shall transfer titleonly to the successful bidder at the auction. Any delay or adjournment of the closing date beyond forty-five (45) days may be stipulated to by the parties with the Referee's consent up to ninety (90) days from the date of sale. Ant adjournment beyond (90) days may be set only with approval of this court; and itis further Deposit of Funds ORDERED, ADJUDGED and DECREED that the Referee shall deposit allfunds received pursuant to this Judgment of Foreclosure and Sale in the Referee's IOLA account; and itis further . Payments from Funds ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of such sale shall cause to be paid promptly therefrom: FIRST: The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the amount of $500,00. In the event the sale is cancelled or postponed by a person or entity other than the Referee, or the action is discontinued, pursuant to CPLR §8003(a) the plaintiff shall pay to the Referee the sum of $350.00 for each adjournment or cancellation, and for any discontinuance. Such compensation may be recouped from the proceeds of sale as a cost to plaintiff. This Judgment of Foreclosure and Sale constitutes the necessary prior authorization for compensation as set forth herein. No compensation in excess of $750.00, including compensation authorized pursuant to CPLR §8003(a) for computation of the sum due to plaintiff, may be accepted by the Referee without Court approval and compliance with the provisions of 22 NYCCR §36.4. {8011883:3}«Field78» SECOND: The reasonable expenses of the sale, including the cost of advertising as shown on the bills presented and certified by the Referee to be correct, copies of which shall be annexed to the Report of Sale. The Referee shall not be held 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: Pursuant to RPAPL §1354 in accordance with their priority according to law, all taxes, assessments, sewer rents, water rates, and any other charges placed upon the premises by any municipal authorities having priority over the foreclosed mortgage and which are liens on the premises at the time of sale, with such interest or penalties that lawfully may have accrued thereon to the date of payment. FOURTH: as limited herein, to the plaintiff or its attorneys (a) [to be inserted by the clerk] the sum of $ for costs and disbursements in this action to be taxed by the Clerk, with interest from the date hereof; (b) The sum of $101,188.40, the amount reported by the Referee and/or approved by the Court as due, together with interest thereon pursuant to the terms of the Note from August 30, 2019, the date to which interest was calculated in the Report of the Referee through the date of entry of this judgment of Foreclosure and and thereafter at the post- Sale, statutory judgment rate to the date of transfer of title,or so much thereof as the purchase money of the mortgaged premises will pay of the same; (c) [to be inserted by the court] the sum of $ hereby awarded to the plaintiff as reasonable legal fees as provided for in the Mortgage; (d) the amount of any advances provided for in the Note and Mortgage that plaintiff may have made for taxes and insurance, and amounts due to prior mortgagors, upon presentation to the Referee of receipts for these expenditures; {8011883:3}«Field78» (e) the amount of any advances provided for in the Note and Mortgage that plaintiff reasonably may have made to maintain the premises pending consummation of the foreclosure sale upon presentation to the Referee of receipts for these expenditures. Notwithstanding sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may recover interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and plaintiff may recover up to a maxim1un of only $250.00 for any maintenance or premise preservation expenses after the date of this Judgment of Foreclosure; and itis further Report of Sale ORDERED, ADJUDGED and DECREED that the Referee shall timely filethe Referee's Report of Sale and plaintiff shall timely move to confinn the Referee's report of Sale pursuant to RPAPL §1355; and it isfurther Plaintiff as Purchaser ORDERED, ADJUDGED and DECREED that in the.event plaintiff purchases the mortgaged premises at the sale, the Referee shall not require the plaintiff to pay in cash the entire amount bid at the sale but shall execute and deliver to the plaintiff a deed of the premises sold "FlRST," upon payment to the Referee of the sum awarded under the provisions marked "SECOND," "THIRD," and if such expenses were paid by the Referee, or in lieu of the payment of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, after deducting therefrom the aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the "FOURTH." Referee upon the amounts due to the plaintiff as specified in item marked If upon applying the balance of the amount bid, there is a surplus over and above the amounts due to {8011883:3}«Field78» plaintiff, then upon delivery to plaintiff of the Referee's deed, plaintiff shall pay to the Referee the amount of such surplus, which emount shall be applied by the Referee, upon motion made pursuant to RPAPL §1351(3), and proof satisfactory to the Referee of the sums due thereon, to any subordinate mortgage duly recorded against the premises pursuant to RPAPL §1354(3), which shall be reported in the Referee's report of Sales. Any surplus remaining after all payments as herein provided shall be deposited into Court in accordance with RPAPL §1354(4) and the Referee shall immediately give notice of such surplus to the owner of the mortgaged premises as identified by plaintiff at the time of the sale; and itis further Surplus Monies ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the Referee's Report of Sale plaintiff's receipt(s) for the amounts paid as directed in item marked "FOURTH," and the Referee shall deposit the surplus monies, ifany, with the Herkimer County Department of Fiüãñce, to the credit of this action, within five (5) days after receipt unless such period is deemed extended by the filing of an application for additional compensation, to be withdrawn only upon order of this Court; and the Referee shall make the Referee's Report of Sale under oath showing the disposition of the proceeds of the sale accompanied by the vouchers of the person(s) to whom payment was made, and shall fileit inthe Herkimer County Clerk's Office within (30) days after completing the sale and executing the proper conveyance to the purchaser or within (30) days of a decision of this Court with respect to any application for additional compensation; and itis further Foreclosure Action Surplus Monies Form {8011883:3}«Field78» ORDERED, ADJUDGED and DECREED that the Referee shall complete the Foreclosure Action Surplus Monies Form and fileit in the Herkimer County Clerk's Office and deliver a copy to the Court within (30) days of the foreclosure sale; and itis further Deficiency Judgment Application ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are insufficient to pay the amount reported by the Referee as due to plaintiff, the plaintiff may apply to the Court to recover the whole or such part of the deficiency as prescribed by RPAPL §1371; and itis further Possession ORDERED, ADJUDGED and DECREED that the purchaser(s) at the foreclosure sale be let into possession of the premises on production of the Referee's deed; and itis further Claims Barred ORDERED, ADJUDGED and DECREED that the defendant(s) in this action, and all persons claiming under any of them after the filing of the Notice of Pendency of this action, be and hereby forever are barred and foreclosed of allright, claim, lien, title,interest and equity of redemption in the mortgaged premises and each and every part thereof; and itis further Conditions of Sale is" ORDERED, ADJUDGED and DECREED that the premises be sold in "as physical order and condition on the day of the sale, subject to any state of facts that an inspection of the premises would disclose, any state of facts that an accurate survey of the premises would show, any covenants, restrictions, declarations, reservations, easements, right of way and public utility agreements of record, any building and zoning ordinances of the municipality in which the mortgaged premises are located and possible violations of same, any rights of tenants or persons in possession of the subject premises, prior liens of record, ifany, except those liens addressed {8011883:3}«Field78» in RPAPL §1354, and any equity of redemption of the United States of America to redeem the premises within one hundred twenty (120) days from the date of sale. Risk of loss shall not pass to purchaser until closing of title;and itis further Referee Qualification 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 including but not limited to 22 NYCRR §36.2(c) ("Disqualifications from appointment") and 22 NYCRR §36.2(d) ("Limitations on appointments based upon compensation"); and itis further Service of Judgment of Foreclosure and Sale ORDERED, ADJUDGED and DECREED that a copy of this Judgment of Foreclosure and sale with notice of entry shall be served within twenty (20) days of entry and no less than thirty (30) days prior to sale upon the designated Referee, the owner of the equity of rederuption as of the date of this Judgment of foreclosure and Sale, any tenants named in this.action, and any other party entitled to notice; and itis further Service of Notice of Sale ORDERED, ADJUDGED and DECREED that plaintiff shall serve a copy of the Noticed of Sale upon the owner of equity of redemption at the owner of equity of redemption's last known address and at the property address, and an affidavit of such service shall be filed at ten (10) days prior to the scheduled sale; and it isfurther Transfer of Interest During Pendency ORDERED, ADJUDGED and DECREED that during the pendency of this action if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the {8011883:3}«Field78» Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to CPLR §1018. ORDERED, ADJUDGED AND DECREED that Plaintiff has established standing in this action. SIGNED: Justice of the Supreme Court Hon. John H. Crandall ENTER: {8011883:3}«Field78» Schedule A Property Address: 227 West Main Street Frankfort, NY 13340 SBL No.: 112.65-1-41 ALL THAT TRACT OR PARCEL OF LAND, situate in the Village and Town of Frankfort, County of Herkimer, and State of New York, bounded and described as follows: Bounded on the north by West Main Street; on the east by property formerly of Benjamin Baker; on the south by lands now or formerly of New York State Railways; on the west by lands now or formerly of C. L. Fox; being fifty feet wide front and rear and extending southerly from said Main Street to the lands, now or formerly of the New York State Railways. Subject to easements, covenants, and restriction of record. {8011883:3}«Field78»