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FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018
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"P'
EXHIBIT
FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 2122 RECEIVED
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03/22/2017
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
X
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
VERIFIED COMPLAINT
-vs-
Property Addrces:
BRIAN C. PRUSIK; 121 SInsson Rodd
ROE" NY
and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, 13167
and "MARY ROE", being fictitions, the real names of (Oswego Count )
the Defendants being unknòwn to the lilaintiff, said
fictitions names being intended to designate persons in
possession of or elaiming some right, title, interest or lien Indes Now
in or to the encumbered premises,
Defendants.
X
The Plaintiff herein, by THE MATHEWS LAW FIRM, its attorneys, complaiins of the
Defendants above named, as and for its cause of action, alleges:
1. That the Plaintiffherein is and at all times hereinafter mentioned wasi a savings
and loan essociation duly organized and incorporated under tha laws of the United
States of America, with its principal office and place of business located at 2208
West Genesee Street, Syracuse, New York 13219.
2. That, upon information and belief, the Defcndairy BRIAN C. PRUS1K, is a
resident of 9425 Ramsey Drive, Bridgeport, County of Madison,
Statp ofNew
York.
3..
ROE"
That the Defendants, "JOHN DOE", "JANE DOE", "RICHARD and
"MARY ROE", are fictitious, the real names of the Defendants are üñkñõwn to
the Plaintiff, said fictitious names being intended to designate persons in
possession of or claiming some right, title, interest or lien in or to the encumbered
1 nf 11
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premises.
4. The Defendants above are made defendants in this action in the capacities set
forth in annexed EXHIBIT "A".
5. That Deed dated June 27, 2007, Defendants Brian C. Prusik and
by Warranty
Kathleen A. Prusik became the owners of the real property located at 121 Slosson
Road, West Monroe, New York, Said deed was recorded in the Oswego County
Clerk's Office on July 5, 2007 as Instrument No. R-2007-008363.
6. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her
interest in the property to Brian C. Prusik individually, prior to the signing of the
mortgage being foreclosed herein. Said deed was duly recorded in the Oswego
County Cle&'s Office on May 16, 2014 as InstrumentNumber R-2014-004198.
7. That the Defendant, BRIAN C. PRUSIK, for the purpose of securing the payment
to Syracuse Securities, Inc., as mortgagee, the principal sum of Two IIundred
Seven Thousand Four Hundred and 00/100 ($207,400.00) Dollars, with interest
12*
thereon, on or about the day of May 2014, for valustle consideration,
executed and delivered to said mortgagee a certain Note bearing that Nate,
whereby the said defendant undertook or promised to pay to the said ortgagee,
the sum of Two Hundred Seven Thousand Four Hundred and 00/100
126
($207,400.00) Dollars, with interest thereon, on or about the day of May,
2014, payable in the manner set forth therein. By the terms of the Note aforesaid,
the mortgagor, Brian C. Prusik, promised to pay to the mortgagee the bi-weekly
installments of principal and interest, plus each and every payment for insurance
premiums, taxes, assessments, water rents as they became due and payable. A
9 nf 11
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copy of said Note is attached hereto as EXHIBIT "B". ..
8. That as security for the payment of said Note, the mortgagor, Brian C. Prusik, on
even date therewith, executed, duly acknowledged and delivered to the said
mortgagee, a Mortgage, in and by which the said mortgagor granted, bargained
and sold to the said mortgagee, or its snecesors or assigns, the following
described premises with appurtenances thereto, described in said Mortgage as
follows, to wit . . .
.
"C"
The property described in EXRTRIT attached hereto.
9. That the said mortgage was duly recorded in the Office of the Clerk of the County
166
of Oswego on the day of May, 2014, as InstrumentNumber R-2014-004199,
and the mortgage recording tax was then and there duly paid. A copy of said
mortgage is attached hereto as EXHIBIT "D".
10. Thereafter, by Assignment dated May 12, 2014, Syracuse Securities, inc., for good
and valuable cansideration, sold, transferred and assigned its mortga e and.note to
Plaintiff Geddes Federal Savings and Loan Association, for good andl yâlüãble
consideration. The Assignment of the Mortgage was duly recorded in the Oswego
County Clerk's Office on May 16, 2014 as InstrumentNumber R-2014-004200. A
copy of the Assignment of Mortgage is annexed hereto as :*:t:II: ITp".
11. That Plaintiff Geddes Federal Savings and Loan Association.is now the owner and
holder of the Note and Mortgage, and same has not been further transferred, sold,
or assigned.
12. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her
interest in the property to Brian C. Prusik individually, prior to the signing of the
7 of 11
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mortgage being forec10sed herein. Said deed was duly recorded in the Oswego
County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198.
13. That the said Note and Mortgage aforesaid were given to secure part of the
consideration or refinance money for the above4escribed premises which were
duly conveyed to the Defendants Brian C. Prusik and Kathleen A. Presik, by deed
27* 5*
dated the day of June 2007 and recorded on the day of July, 2007 as
Instrument Number R-2007-008363, in the Office of the Clerk of the4County of
Oswego.
14. That the said Mortgage contained the same conditions as the said Note, and in the
case of default in the payment of any inctanment of principal and intepest for thirty
(30) days after notice and demand for said payment was duly inade persuant to the
terms of said Note and Mortgage, the said mortgagee, at the option of the
mortgagee, may declare the entire principal sum plus interest immedi due and
ely
payable.
15. That the defendant Brian C. Prusik has failed to comply with the ternis, covenants
and conditions of Plaintiff s Note and Mortgage by failingto pay the bi-weekly
2"d
instanment of principal and interest due on the day of October, 2Ò15, in the
amount of FiveHundred Seventeen and 76/100 ($517.76) Dollars; and each and
every bi-weekly payment thereafter of principsi and interest due in li e amount,
those payments dates being the first of each and every of the months
followitig up
to the date of this complaint
16. That the Mortgage provides that in case of default in the payment of any principal
or interest or any other terms, covenants or conditions ofthe Mortgage, that the
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holder of the Mortgage, herein the Plaintiff, could declare the entire indebtedness
secured by the Mortgage immediately due and payable, and the holder of the
Mortgage is empowered to sell the mortgaged premises according to law.
17. That the 90 Day pre-foreclosure·notice is NOT required as this is not the borrowers
primary residence.
18. That the Defendant, Brian C. Prusik, on or about March 3, 2016, filed a Voluntary
Petition in Bankruptcy under Chapter 7 in the Northern District of New York.
19. That pursuant to the Plan, the Defendant Brian C. Prusik, under his
Bankruptcy
"Statement of Intention for Individuals Filing Under Chapter 7", declared his intent
"F"
to abandon the property being foreclosed herein. See EXHIBIT
20. Defendant Brian C. Prusik received a Diseharge under the Bankruptcy Plan. See
EXHIBIT "G".
21. Plaintiff will not be seeking a deficiency judgment herein, but specifically reserves
its rights to a claim for damages for waste or other non-dischargable debts. .
22. That the Plaintiff on September 29, 2016 caused Notice and Demand for Payment
to be delivered to the Defendant by mailing the same first class mail is required
by the terms of the said Note and Mortgage.
23. That the said Notice was given to the Defendant and the Defendant has failed to
pay the instalments of principal and interest due as aforesaid. That the Plaintiff,
pursuant to the provisions of said Note and Mortgage, has elected and does elect to
declare that the entire principal sum and interest secured by said Note and
Mortgage be immediately due and payable, an that there is now just due to the
plaintiff the sum of Two Hundred Twenty Seven Thousand Five Hundred Twelve
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and 60/100 ($227,512.60) Dollars, with interest thereon at the rate of .375% per
1*
annum from the day of February, 2017 upon said Note and Mortgage, together
with the costs and disbursements of this action, plus late charges and tessonable
attorneys fees on behalf of the plaintiff.
24. That in order to protect its Plaintif F be compelled the
security, may during
pendency ofthis action to pay sums for premiums on policies of fire ipsurance,
taxes, assesmerda, water rates and other charges affecting the mortgdged premises
herein described and Plaintiff prays that any sum or sums so paid, together with
interest at the rate of 9.00% per annum from the däte of such payment shall be
added to the Plaintiff's claim and deeined secured by said Note and 1 ortgage and
adjudged a valid lien on the premises hereinbefore described and that the plaintiff
be paid such sums, together with interest thereon, out of the proceeds of the sale of
the premises hereinbefore described.
25. That the Note and Mortgage aforesaid have not been further assigned and Plaintiff
Geddes Federal Savings and Loan Association is still the holder and owner of the
Note and Mortgage.
26. That each and every Defendant claims to have some interest or lien upon the said
mortgaged premises, or some part thereof, which lien or interest, if ar ty, is subject
and subordinate to the lien of the Mortgage held by the Plain6ff.
27. That the mortgage sought to be foreclosed herein is not a "high cost home loan", a
loan"
"sub-prime home nor a "non-traditional home loan".
28. Plaintiff shall not be deemed to have released or chaetged the
waived, altered,
election hereinbef bre made by reason of payment after the date of co encement
A nf 11
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of this action of any or all of the defaults mentioned herein, and such election shall
continue and remain effective.
29. Plaintiff has complied with all of the provisions or Banking Law §595-a and any
rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and
Real Adiona and Proceedings Law §1304 unless exempt from so.
Property doing
30. Plaintiff has complied with the provisions of RPAPL §1306 unless esempt from
doing so. RPAPL §1304 does not apply to this action as the premises is not the
borrowers principal dwelling.
jpr-
31. The Mortgage provides that in case of foreclosure, the mortgaged may be
sold in one parcel and that if the premises consists of more than one parcel,
plaintiff respectfully requests that the judgment of foreclosure provide for the
parcels to be sold as one parcel.
32. The sale of the mortgaged prem_ises under foreclosure herein is subject to any state
of facts that an inspection of the premises would disclose, any state of facts an
accurate survey would show, and to covenants, restrictions and essenients, if any,
of record affecting said mortgaged premises and any violation thereof, any equity
of redemption of the United States of America to redeem the within 120
premisep
days from the date of sale, prior mortgagees and liens of record, if aný, including
unpaid taxes and water charges, if any, any rights of tenants or perso s in
possession of the subject premises, and to zoning regulations and ordinances of the
city, town or village in which said mortgaged premises lies and viola+iana
any
thereof.
7 nf 11
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33. That no other action or proceeding has been brought at law or otherwise for the
recovery of said sum secured by said Note and Mottgage, or any part thereof.
AS AltD FOR A SECOND CAUSE OF ACTION,
THE PLAINTIET ALLEGES AS FOLLOWS:
34. Plaintiff repeats and realleges all of the allegations contained in Paragraphs
numbered 1 through 35 as though fully set forth herein at length.
35. The mortgâges herein above referenced provide that in the event of a default by the
Defendant mortgagor Brian C. Prusik, Plaintiff may recover all costs and
disbursements and additional allowances allowed by New York and Federal law
attorneys'
and will have the rightto add all reasonable fees to the amount owed
WHEREFORE, Plaintiff demands judgment:
and the amounts due the pInintiff for principal, nterest, costs
(A) Adjudging decreeing
and reasonable attorney's fees on the First and Second Causes of Action;
(B) That the Defeñdards and all persons claiming by, tigough or under them or any of
them, and every other person or entity whose right, title, conveyance or
encumbrance is subsequent to or subsequently recorded, or whose lien is being
challenged by being named in this action, and any person or entity whose interest is
subsequent to or subsequently recorded to the filing of the Notice of Pendency in
this action in the Office of the Clerk of the County of Oswego, in which said
mortgaged premises are situated, may be forever barred and forever formlokd of
A nf 11
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all right, claim, lien, interest or equity of redemption in and to said mortgaged
premises;
(C) That the mortgaged premises be sold in one parcel according to law, subject to any
state of facts that an accurate survey would show, any covenants, easements,
encroachments, reservations and restrictions, violations and agreements of record,
zoning regulations and ordinañœs ofthe city, town or village wherein the premiaas
are located, any state of facts that a physical inspection would disclose, rights of
tenants and others in possession of the mortgaged prior judgmenh liens
pra=ices,
and mortgages of record, unpaid taxes and water charges, and any angl all rights of
the United States of America to redeem the subject premises;
(D) That the Court, if requested, forthwith appoint a receiver of rents, issùes and profits
of the mortgaged premise on behalf ofthe Plaintiff without notice during the
pendency of this action;
(E) That out of the monies arising from the sale thereof, the plaintiff may be paid te
aments due on the said bond/note and mortgage and any sum which may be paid
by
Preview
FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 06/27/2019 "P' EXHIBIT FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: NYSCEF: 06/27/2019 03/22/2017 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO X GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, VERIFIED COMPLAINT -vs- Property Addrces: BRIAN C. PRUSIK; 121 SInsson Rodd ROE" NY and "JOHN DOE", "JANE DOE", "RICHARD West Monroe, 13167 and "MARY ROE", being fictitions, the real names of (Oswego Count ) the Defendants being unknòwn to the lilaintiff, said fictitions names being intended to designate persons in possession of or elaiming some right, title, interest or lien Indes Now in or to the encumbered premises, Defendants. X The Plaintiff herein, by THE MATHEWS LAW FIRM, its attorneys, complaiins of the Defendants above named, as and for its cause of action, alleges: 1. That the Plaintiffherein is and at all times hereinafter mentioned wasi a savings and loan essociation duly organized and incorporated under tha laws of the United States of America, with its principal office and place of business located at 2208 West Genesee Street, Syracuse, New York 13219. 2. That, upon information and belief, the Defcndairy BRIAN C. PRUS1K, is a resident of 9425 Ramsey Drive, Bridgeport, County of Madison, Statp ofNew York. 3.. ROE" That the Defendants, "JOHN DOE", "JANE DOE", "RICHARD and "MARY ROE", are fictitious, the real names of the Defendants are üñkñõwn to the Plaintiff, said fictitious names being intended to designate persons in possession of or claiming some right, title, interest or lien in or to the encumbered 1 nf 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: 03/22/2017 NYSCEF: 06/27/2019 premises. 4. The Defendants above are made defendants in this action in the capacities set forth in annexed EXHIBIT "A". 5. That Deed dated June 27, 2007, Defendants Brian C. Prusik and by Warranty Kathleen A. Prusik became the owners of the real property located at 121 Slosson Road, West Monroe, New York, Said deed was recorded in the Oswego County Clerk's Office on July 5, 2007 as Instrument No. R-2007-008363. 6. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her interest in the property to Brian C. Prusik individually, prior to the signing of the mortgage being foreclosed herein. Said deed was duly recorded in the Oswego County Cle&'s Office on May 16, 2014 as InstrumentNumber R-2014-004198. 7. That the Defendant, BRIAN C. PRUSIK, for the purpose of securing the payment to Syracuse Securities, Inc., as mortgagee, the principal sum of Two IIundred Seven Thousand Four Hundred and 00/100 ($207,400.00) Dollars, with interest 12* thereon, on or about the day of May 2014, for valustle consideration, executed and delivered to said mortgagee a certain Note bearing that Nate, whereby the said defendant undertook or promised to pay to the said ortgagee, the sum of Two Hundred Seven Thousand Four Hundred and 00/100 126 ($207,400.00) Dollars, with interest thereon, on or about the day of May, 2014, payable in the manner set forth therein. By the terms of the Note aforesaid, the mortgagor, Brian C. Prusik, promised to pay to the mortgagee the bi-weekly installments of principal and interest, plus each and every payment for insurance premiums, taxes, assessments, water rents as they became due and payable. A 9 nf 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: 03/22/2017 NYSCEF: 06/27/2019 copy of said Note is attached hereto as EXHIBIT "B". .. 8. That as security for the payment of said Note, the mortgagor, Brian C. Prusik, on even date therewith, executed, duly acknowledged and delivered to the said mortgagee, a Mortgage, in and by which the said mortgagor granted, bargained and sold to the said mortgagee, or its snecesors or assigns, the following described premises with appurtenances thereto, described in said Mortgage as follows, to wit . . . . "C" The property described in EXRTRIT attached hereto. 9. That the said mortgage was duly recorded in the Office of the Clerk of the County 166 of Oswego on the day of May, 2014, as InstrumentNumber R-2014-004199, and the mortgage recording tax was then and there duly paid. A copy of said mortgage is attached hereto as EXHIBIT "D". 10. Thereafter, by Assignment dated May 12, 2014, Syracuse Securities, inc., for good and valuable cansideration, sold, transferred and assigned its mortga e and.note to Plaintiff Geddes Federal Savings and Loan Association, for good andl yâlüãble consideration. The Assignment of the Mortgage was duly recorded in the Oswego County Clerk's Office on May 16, 2014 as InstrumentNumber R-2014-004200. A copy of the Assignment of Mortgage is annexed hereto as :*:t:II: ITp". 11. That Plaintiff Geddes Federal Savings and Loan Association.is now the owner and holder of the Note and Mortgage, and same has not been further transferred, sold, or assigned. 12. That by Quit Claim Deed dated May 12, 2014, Kathleen A. Prusik, transferred her interest in the property to Brian C. Prusik individually, prior to the signing of the 7 of 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2 122 RECEIVED CEIVED NYSCEF: NYSCEF: 06/27/2019 03/22/2017 mortgage being forec10sed herein. Said deed was duly recorded in the Oswego County Clerk's Office on May 16, 2014 as Instrument Number R-2014-004198. 13. That the said Note and Mortgage aforesaid were given to secure part of the consideration or refinance money for the above4escribed premises which were duly conveyed to the Defendants Brian C. Prusik and Kathleen A. Presik, by deed 27* 5* dated the day of June 2007 and recorded on the day of July, 2007 as Instrument Number R-2007-008363, in the Office of the Clerk of the4County of Oswego. 14. That the said Mortgage contained the same conditions as the said Note, and in the case of default in the payment of any inctanment of principal and intepest for thirty (30) days after notice and demand for said payment was duly inade persuant to the terms of said Note and Mortgage, the said mortgagee, at the option of the mortgagee, may declare the entire principal sum plus interest immedi due and ely payable. 15. That the defendant Brian C. Prusik has failed to comply with the ternis, covenants and conditions of Plaintiff s Note and Mortgage by failingto pay the bi-weekly 2"d instanment of principal and interest due on the day of October, 2Ò15, in the amount of FiveHundred Seventeen and 76/100 ($517.76) Dollars; and each and every bi-weekly payment thereafter of principsi and interest due in li e amount, those payments dates being the first of each and every of the months followitig up to the date of this complaint 16. That the Mortgage provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions ofthe Mortgage, that the FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF NYSCEF DOC. DOC. NO. 2122 NO. RECEIVED CEIVED NYSCEF: NYSCEF: 06/27/2019 03/22/2017 holder of the Mortgage, herein the Plaintiff, could declare the entire indebtedness secured by the Mortgage immediately due and payable, and the holder of the Mortgage is empowered to sell the mortgaged premises according to law. 17. That the 90 Day pre-foreclosure·notice is NOT required as this is not the borrowers primary residence. 18. That the Defendant, Brian C. Prusik, on or about March 3, 2016, filed a Voluntary Petition in Bankruptcy under Chapter 7 in the Northern District of New York. 19. That pursuant to the Plan, the Defendant Brian C. Prusik, under his Bankruptcy "Statement of Intention for Individuals Filing Under Chapter 7", declared his intent "F" to abandon the property being foreclosed herein. See EXHIBIT 20. Defendant Brian C. Prusik received a Diseharge under the Bankruptcy Plan. See EXHIBIT "G". 21. Plaintiff will not be seeking a deficiency judgment herein, but specifically reserves its rights to a claim for damages for waste or other non-dischargable debts. . 22. That the Plaintiff on September 29, 2016 caused Notice and Demand for Payment to be delivered to the Defendant by mailing the same first class mail is required by the terms of the said Note and Mortgage. 23. That the said Notice was given to the Defendant and the Defendant has failed to pay the instalments of principal and interest due as aforesaid. That the Plaintiff, pursuant to the provisions of said Note and Mortgage, has elected and does elect to declare that the entire principal sum and interest secured by said Note and Mortgage be immediately due and payable, an that there is now just due to the plaintiff the sum of Two Hundred Twenty Seven Thousand Five Hundred Twelve FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: NYSCEF: 06/27/2019 03/22/2017 and 60/100 ($227,512.60) Dollars, with interest thereon at the rate of .375% per 1* annum from the day of February, 2017 upon said Note and Mortgage, together with the costs and disbursements of this action, plus late charges and tessonable attorneys fees on behalf of the plaintiff. 24. That in order to protect its Plaintif F be compelled the security, may during pendency ofthis action to pay sums for premiums on policies of fire ipsurance, taxes, assesmerda, water rates and other charges affecting the mortgdged premises herein described and Plaintiff prays that any sum or sums so paid, together with interest at the rate of 9.00% per annum from the däte of such payment shall be added to the Plaintiff's claim and deeined secured by said Note and 1 ortgage and adjudged a valid lien on the premises hereinbefore described and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the premises hereinbefore described. 25. That the Note and Mortgage aforesaid have not been further assigned and Plaintiff Geddes Federal Savings and Loan Association is still the holder and owner of the Note and Mortgage. 26. That each and every Defendant claims to have some interest or lien upon the said mortgaged premises, or some part thereof, which lien or interest, if ar ty, is subject and subordinate to the lien of the Mortgage held by the Plain6ff. 27. That the mortgage sought to be foreclosed herein is not a "high cost home loan", a loan" "sub-prime home nor a "non-traditional home loan". 28. Plaintiff shall not be deemed to have released or chaetged the waived, altered, election hereinbef bre made by reason of payment after the date of co encement A nf 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: NYSCEF: 06/27/2019 03/22/2017 of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 29. Plaintiff has complied with all of the provisions or Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and Real Adiona and Proceedings Law §1304 unless exempt from so. Property doing 30. Plaintiff has complied with the provisions of RPAPL §1306 unless esempt from doing so. RPAPL §1304 does not apply to this action as the premises is not the borrowers principal dwelling. jpr- 31. The Mortgage provides that in case of foreclosure, the mortgaged may be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 32. The sale of the mortgaged prem_ises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and essenients, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the within 120 premisep days from the date of sale, prior mortgagees and liens of record, if aný, including unpaid taxes and water charges, if any, any rights of tenants or perso s in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and viola+iana any thereof. 7 nf 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2 122 RECEIVED CEIVED NYSCEF: 03/22/2017 NYSCEF: 06/27/2019 33. That no other action or proceeding has been brought at law or otherwise for the recovery of said sum secured by said Note and Mottgage, or any part thereof. AS AltD FOR A SECOND CAUSE OF ACTION, THE PLAINTIET ALLEGES AS FOLLOWS: 34. Plaintiff repeats and realleges all of the allegations contained in Paragraphs numbered 1 through 35 as though fully set forth herein at length. 35. The mortgâges herein above referenced provide that in the event of a default by the Defendant mortgagor Brian C. Prusik, Plaintiff may recover all costs and disbursements and additional allowances allowed by New York and Federal law attorneys' and will have the rightto add all reasonable fees to the amount owed WHEREFORE, Plaintiff demands judgment: and the amounts due the pInintiff for principal, nterest, costs (A) Adjudging decreeing and reasonable attorney's fees on the First and Second Causes of Action; (B) That the Defeñdards and all persons claiming by, tigough or under them or any of them, and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being named in this action, and any person or entity whose interest is subsequent to or subsequently recorded to the filing of the Notice of Pendency in this action in the Office of the Clerk of the County of Oswego, in which said mortgaged premises are situated, may be forever barred and forever formlokd of A nf 11 FILED: ONONDAGA COUNTY CLERK 06/27/2019 10:46 AM INDEX NO. 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 2122 RECEIVED CEIVED NYSCEF: 03/22/2017 NYSCEF: 06/27/2019 all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; (C) That the mortgaged premises be sold in one parcel according to law, subject to any state of facts that an accurate survey would show, any covenants, easements, encroachments, reservations and restrictions, violations and agreements of record, zoning regulations and ordinañœs ofthe city, town or village wherein the premiaas are located, any state of facts that a physical inspection would disclose, rights of tenants and others in possession of the mortgaged prior judgmenh liens pra=ices, and mortgages of record, unpaid taxes and water charges, and any angl all rights of the United States of America to redeem the subject premises; (D) That the Court, if requested, forthwith appoint a receiver of rents, issùes and profits of the mortgaged premise on behalf ofthe Plaintiff without notice during the pendency of this action; (E) That out of the monies arising from the sale thereof, the plaintiff may be paid te aments due on the said bond/note and mortgage and any sum which may be paid by