Preview
FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018
NYSCEF DOC. NO. 115 RECEIVED NYSCEF:
INDEX NO.
03/13/2023
703763/2018
(FILED : QUEENS COUNTY CLERK 0 9/ 0 6 / 2 022 11 : 21 A14
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 703763/2018
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff designates QUEENS as
FOR MASTR ASSET BACKED SECURITIES TRUST the place of trial situs of the real
2006-WMC3 MORTGAGE PASS-THROUGH property
CERTIFICATES SERIES 2006-WMC3,
SUPPLEMENTAL
PlaintifE SUMMONS
vs.
Mortgaged Premises:
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET,
NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11433
AND FINANCE; NEW YORK CITY PARKING
"JANE"
VIOLATIONS BUREAU; ISLAM; HAMED
BILA; GULNA BILA; HARO BILA; MUNISH BILA;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD,
Defendants.
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiff'sattancy within twenty days of the
(20)
service of this Summons, exclusive ofthe day of
service, or within thirty (30) days after service of
the same is complete where service is made in any manner other than by personal delivery within
the State. The United States of America, if designated as a defendant in this action, answer or
may
appear within sixty (60) days of service. Your failure to appear or to answer will result in a
judgment against you default for the relief dem=ded in the Complaint. In the event that a
by
deficiency balance remaina from the sale a jmigment be entered against you.
pmceeds, may
AllillB I AllIllM I IllIAll I A
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NOTICE
YOU ARE Di DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the
attorney for the mortgage company who IBed this foreclosure proceeding against you and
IEng the answer with the court, a default judgment may be entered and you can lose your
home.
Speak to an attorney or go to the court where your case is pending for further information
on how to answer the summons and protect your property.
Sending a payment to the mortgage company wiB not stop the foreclosure action.
YOU MUST RESPOND BY SERVENG A COPY OF THE ANSWER ON THE ATTORNEY
POR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH
THE COURT.
Dated: August 30, 2022
Robertson, Auschutz, Schneid, Crane & Partners, PLLC
for Plaintif F
Attorney
BY:
Theresa Regis, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEBNS
INDEX NO.
U.S.BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST 2006-
WMC3 MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-WMC3,
AMENDED COMPLAINT
Plaintiff,
vs. Subject Property:
10638 151TH STREET
JAMAICA, NY 11433
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BH.A; GULNA BILA;
HARO BE,A; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
Šhe complaint of the above-named plaintift by RAS Boriskin, LLC, its attorneys, alleges upon
information and belief as follows:
1. Plaintiff is olganized under the laws of the United States of America or its state of formation.
2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed and
delivered a note whereby MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM promised to pay the
sum of $528,000.00 plus intexst as set forth in said note. A copy of said note is annexed hereto.
3. Plaintift directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or poss.ession of the subject note and the right to foreclosure of same. Plaintiff
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has possession and control of the original note and mortgage, which note is secured by the mortgage
identified below, and the said note is either made payable to Plaintif F or is
duly indorsed. To the extent
that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to
foreclose the subject note and mortgage pursuant to New York law.
4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM A/K/A
MOHAMMED ISLAM, duly executed and delivered a mortgage which was recorded as follows and the
paid-
mortgage tax therman was duly
Recording Date: June 02, 2006
County: QUEENS
CRFN 2006000307477
Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the
filing of the complaint. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 10638 156TH STREBT, JAMAICA, NEW
YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property
annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth
in said mortgage. A copy of the legal description is set forth on Schedule A annexed.
6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated
July 21, 2016 was executed. As aresult ofthe foregoing, ifnot already paid, Plaintiff shallpay the requisite
mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foreclosure
and Sale.
7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
8. Upon information and belist P1mintif F complied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, Pininfif Fhas complied with all conditions precedent contained in the
mortgage, if any.
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9. To the extent applicable, PlaintifFhas complied with all of the provisions of Banking Law section
595-a and any rules and regulations pmmulgated thernunder, Rantring Law sections 6-1 and 6-m.
10. That Defendants failed to comply with the conditions of the note and mortgage to make
by failing
the payment that became due on December 01, 2016 and each subseqpent payment thereafter.
11. That by reason of such defaults, Plaintiffhereby declares the balance of the principal indebtedness
immediately due and payable.
12. That there is now due and owing to the plaintiff, the principal sum of $1,001,718.97 with interest
thereon from November 01, 2016plusaccumulated late charges together with any sums advanced by the
plaintiff on behalf of defendant.
13. That plaintiff shall not be d=ad to have waived, altered, released or changed the election
hereinbefore mada of the payment aAer the date of the mmmannamant
by reason of this action, of any or
all of the defaults mafianad hesein; and such election shall continue and remain effective until the costs
and disbursementa of this action, and and all futme daradra under the aforesaid bond or note and
any
mortgage, and occurring prior to the diamnfinnanna of this action are fully paid.
14. That to protect its security afforded by saidnote andmortgage, it may be necessary for the plaintiff
to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the
mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby
demands that any amounts which may be so expended shall be added to the amount of the principal sum
secured by said note and mortgsge, together with interest fmm the time of any such payment, and that the
same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges thatno otherpmceedings have becahad for the recovery ofthe mortgage
indebtedness cr if any such action is pending, a final judgment was not rendered in favor of Plaintiff and
such action is intended to be diamntinued
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16. That plaintiff further alleges that all the defendants or may claim to have, some
have, interest in,
or lien upon the mortgaged pmmises, or some part thereof, which interest or lien, if any, is subject and
subordinata to the lien of the mortgage foreclosed.
being
17. The description of each ofthe named defendants interest is set out on Schedule "B"
patty annexed.
18. The interest or lien of each of the named if "C"
party defendants, any, is set forth in Schedule
annexed.
19. The terms of said mortgage provide that defendanta shall be liable to plaintift for reasonable
attorneys'feesincurredbyplaintifftoprotect or enforceplaintifPssecurityinterestinthe premises.
20. That the sale ofthe mortgagedpremises andtitle thereto are subject to the state of facts an accurate
survey will show; all covenanta, restrictions, -, agreements and reservations, if any, of record,
and to any and all violations thereof; any and all building and zoning restrictions and
regulations,
ordinannae of the municipality in which said premises are aituated, and to any of the
violations same,
including, but not limited to, reapportiment of lot lines, and vault charges, if any; any and all orders or
requiremanta issued against
by any governmental body having jurisdiction or affecting said pmmises and
any violation of the same; the physical condition of any building or structure on the premises as of the
date of closing hereunder; rights of tenanta in possession, if any; prior mortgages and judgments, if any,
now liens of record; right of Redemption of United States of America, if any; rights of any defendants
pursuant to CPLR Section 317, CPLR Section2003 and CPLR if any;
Section5015, any and all Hazardous
Materials in the premises including, but not limited to, GammahIn radioactive
explosives, materials,
hazardous wastes, asbestos or any material anntaining asbestos, and taxio substances; and other conditions
as set forth in the terms of sale more particularly to be announced at the sale.
TES SPACE IS l@lTENTIONALLY LEbT BLANK
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. The dehdants and each of them, and all persons imaer or any of them
claiming them,
subsequent to the commencement of this action and the filing of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate will
survey show;
all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any
and all violations thereof! any and all building and zoning regulations, restrictions and ordinances
of the municipality in which said premises are situated, and to any violations ofthe same, including,
but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or
requirements issued by any governmental body having jurisdiction against or said
affecting
premises and any violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages
and judgmenta, if any, now liens of record; right of Redemption of United States of America, if
any; rights of any defendanta pursuant to CPLR Section 317, CPLR Section 2003 and CPLR
Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to,
Gammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing
asbestos, and toxic substances; and other conditions as set forth in the terms of sale more
particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
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E. PlaintifFmay be paid the amount due on said note and mortgage as alleged together
herein,
withinterest to the time of such payment, together with the sums expended by plaintiff prior to and
during the pendency of this action, and for thirty days after sale demanded herein for taxes,
any
water rates, sewer rents, assessments, insurance premiums and other and essential
necessary
charges or expenses in connection therewith to protect the mortgage plus sums
lien, any expended
for the protection or preservation of the property covered said mortgage and and the
by note,
amount secured thereby, with interest thereon from the time of such payment and the costs and
expenses attorneys'
of this action including reasonable fees so far as the amount of such monies
properly applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and all personal used in connection
property
with the said mortgaged premises, except if discharged in bankruptcy;
G. The obligors may be adjudged to pay any deficiency which remain after all
may applying
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the telief requested in the additional causes of action stated in the if
complaint,
any;
L P1minti#shall have such other and further relief or both, in the premises as shall be just and
equitable.
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] THERBSA REGIS, BSQ..
900 Membants Concomse, Suite 106
Preview
FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 703763/2018 (FILED : QUEENS COUNTY CLERK 0 9/ 0 6 / 2 022 11 : 21 A14 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 703763/2018 COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff designates QUEENS as FOR MASTR ASSET BACKED SECURITIES TRUST the place of trial situs of the real 2006-WMC3 MORTGAGE PASS-THROUGH property CERTIFICATES SERIES 2006-WMC3, SUPPLEMENTAL PlaintifE SUMMONS vs. Mortgaged Premises: MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET, NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11433 AND FINANCE; NEW YORK CITY PARKING "JANE" VIOLATIONS BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff'sattancy within twenty days of the (20) service of this Summons, exclusive ofthe day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, answer or may appear within sixty (60) days of service. Your failure to appear or to answer will result in a judgment against you default for the relief dem=ded in the Complaint. In the event that a by deficiency balance remaina from the sale a jmigment be entered against you. pmceeds, may AllillB I AllIllM I IllIAll I A 17-122516 - WaG 1 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 703763/2018 FILED : UEENS COUNTY CLERK 2 0 11 : 1 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 NOTICE YOU ARE Di DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who IBed this foreclosure proceeding against you and IEng the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company wiB not stop the foreclosure action. YOU MUST RESPOND BY SERVENG A COPY OF THE ANSWER ON THE ATTORNEY POR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: August 30, 2022 Robertson, Auschutz, Schneid, Crane & Partners, PLLC for Plaintif F Attorney BY: Theresa Regis, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 17-122516 - WaG 2 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 7037 63 / 2 018 FILED : UEENS COUNTY CLERK O 11: 1 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEBNS INDEX NO. U.S.BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006- WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, AMENDED COMPLAINT Plaintiff, vs. Subject Property: 10638 151TH STREET JAMAICA, NY 11433 MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BH.A; GULNA BILA; HARO BE,A; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. Šhe complaint of the above-named plaintift by RAS Boriskin, LLC, its attorneys, alleges upon information and belief as follows: 1. Plaintiff is olganized under the laws of the United States of America or its state of formation. 2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed and delivered a note whereby MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM promised to pay the sum of $528,000.00 plus intexst as set forth in said note. A copy of said note is annexed hereto. 3. Plaintift directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or poss.ession of the subject note and the right to foreclosure of same. Plaintiff 17-122516 - WaG 3 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 703763/2018 FILED : QUEENS COUNTY CLERK 09/06/2022 11:21 AlÈ NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintif F or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, duly executed and delivered a mortgage which was recorded as follows and the paid- mortgage tax therman was duly Recording Date: June 02, 2006 County: QUEENS CRFN 2006000307477 Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 10638 156TH STREBT, JAMAICA, NEW YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed. 6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated July 21, 2016 was executed. As aresult ofthe foregoing, ifnot already paid, Plaintiff shallpay the requisite mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foreclosure and Sale. 7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 8. Upon information and belist P1mintif F complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Pininfif Fhas complied with all conditions precedent contained in the mortgage, if any. 17-122616 - WaG 4 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 03/13/2023 F ILED : QUEENS COUNTY CLERK 09/06/2022 11: 2 1 INDEX NO. 703763/2018 Ali NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 9. To the extent applicable, PlaintifFhas complied with all of the provisions of Banking Law section 595-a and any rules and regulations pmmulgated thernunder, Rantring Law sections 6-1 and 6-m. 10. That Defendants failed to comply with the conditions of the note and mortgage to make by failing the payment that became due on December 01, 2016 and each subseqpent payment thereafter. 11. That by reason of such defaults, Plaintiffhereby declares the balance of the principal indebtedness immediately due and payable. 12. That there is now due and owing to the plaintiff, the principal sum of $1,001,718.97 with interest thereon from November 01, 2016plusaccumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 13. That plaintiff shall not be d=ad to have waived, altered, released or changed the election hereinbefore mada of the payment aAer the date of the mmmannamant by reason of this action, of any or all of the defaults mafianad hesein; and such election shall continue and remain effective until the costs and disbursementa of this action, and and all futme daradra under the aforesaid bond or note and any mortgage, and occurring prior to the diamnfinnanna of this action are fully paid. 14. That to protect its security afforded by saidnote andmortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgsge, together with interest fmm the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges thatno otherpmceedings have becahad for the recovery ofthe mortgage indebtedness cr if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be diamntinued 17-122516 - WaG 5 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 HŠLED : QUEENS COUNTY CLERK 09/06/2022 11:21 703763/2018 AM| NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 16. That plaintiff further alleges that all the defendants or may claim to have, some have, interest in, or lien upon the mortgaged pmmises, or some part thereof, which interest or lien, if any, is subject and subordinata to the lien of the mortgage foreclosed. being 17. The description of each ofthe named defendants interest is set out on Schedule "B" patty annexed. 18. The interest or lien of each of the named if "C" party defendants, any, is set forth in Schedule annexed. 19. The terms of said mortgage provide that defendanta shall be liable to plaintift for reasonable attorneys'feesincurredbyplaintifftoprotect or enforceplaintifPssecurityinterestinthe premises. 20. That the sale ofthe mortgagedpremises andtitle thereto are subject to the state of facts an accurate survey will show; all covenanta, restrictions, -, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning restrictions and regulations, ordinannae of the municipality in which said premises are aituated, and to any of the violations same, including, but not limited to, reapportiment of lot lines, and vault charges, if any; any and all orders or requiremanta issued against by any governmental body having jurisdiction or affecting said pmmises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenanta in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section2003 and CPLR if any; Section5015, any and all Hazardous Materials in the premises including, but not limited to, GammahIn radioactive explosives, materials, hazardous wastes, asbestos or any material anntaining asbestos, and taxio substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. TES SPACE IS l@lTENTIONALLY LEbT BLANK 17-122516 - WaG 6 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: INDEX NO. 03/13/2023 703763/2018 FILED : UEENS COUNTY CLERK 09 06 11:21 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 WHEREFORE, plaintiff demands judgment against the defendants as follows: A. The dehdants and each of them, and all persons imaer or any of them claiming them, subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate will survey show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof! any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations ofthe same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or said affecting premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgmenta, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendanta pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, Gammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; 17-122516 - WaG 7 of 17 FILED: QUEENS COUNTY CLERK 03/13/2023 04:53 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 7037 INDEX 03/13/2023 2 [F ILED : QUEENS COUNTY CLERK 09/0 6/2022 11: 21 NO. 63 / 01 8 AN| NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 E. PlaintifFmay be paid the amount due on said note and mortgage as alleged together herein, withinterest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after sale demanded herein for taxes, any water rates, sewer rents, assessments, insurance premiums and other and essential necessary charges or expenses in connection therewith to protect the mortgage plus sums lien, any expended for the protection or preservation of the property covered said mortgage and and the by note, amount secured thereby, with interest thereon from the time of such payment and the costs and expenses attorneys' of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and all personal used in connection property with the said mortgaged premises, except if discharged in bankruptcy; G. The obligors may be adjudged to pay any deficiency which remain after all may applying of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the telief requested in the additional causes of action stated in the if complaint, any; L P1minti#shall have such other and further relief or both, in the premises as shall be just and equitable. RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] THERBSA REGIS, BSQ.. 900 Membants Concomse, Suite 106