Preview
FILED: RICHMOND COUNTY CLERK 03/08/2023 11:45 AM INDEX NO. 135653/2015
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/08/2023
EXHIBIT A
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:54 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEFLÈÈ%·
DOC. TÈCÈMOND
NO. 102 COUNTY CLERK 0 6/2 6/2019 04 : 34 P)
MWErMD
RECEIVED kW20% 03/08/2023
NYSCEF: /02/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 06/26/2019
At IAS Part GP ofthe Supreme Court
f
held in the County of Richmond, at the
Richmond Courthouse thereof, on the
0
Hon. Desmond A. Green
day of , 201$_.
J.S.C. .
PRESENT:
JUSTICE OF THE SUPREME COURT
JPMorgan Chase Bank, National Association, INDEX NO.: 135653/2015
Plaintiff, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
vs. FORECLOSURE AND SALE
Brian Licata; Amy Licata; Secretary of MORTGAGED PROPERTY:
Housing and Urban Development; City of New 22 Von Braun Avenue
York Department of Transportation Parking Staten Island, New York 10312
Violations Bureau,
Block: 5676 Lot: 82
Defendants.
UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9,
2015, the Notice of Motion dated Decemberd, 2018, the Affirmation by Marika Dagounis,
Esq., the Affidavit of Merit and Amount Due by Tishea E. Inman who is Vice President of
JPMorgan Chase Bank, N.A., Plaintiff, duly sworn to on June 22, 2017, together with the
exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee
Report and Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in this action, and has voluntarily appeared either personally or by an attorney or
has not served any answer to the Complaint or otherwise appeared, nor had their time to do so
extended; and it appearing that more than the legally required number of days has elapsed since
defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of
New York Department of Transportation Parking Violations Bureau, were so served and/or
appeared; and Plaintiff having established to the court's satisfaction that a judgment against
9926-1590
FILED:
FI D : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:5 4 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEF
NYS D :NCRÏiitD4OND
IfEDOC. NO. 102 COUNTY CLERK 0 6 2 6 2019 0 4 : 34
RECEIVED
R
EÑONY1
2/20 B
NYSCEF: 03/08/2023
P
NYSCEF DOC. NO. 80
RECEIVED NYSCEF: 06/26/2019
defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of
Housing and Urban Development and City of New York Department of Transportation Parking
Violations Bureau are not absent, in accordance with RPAPL §1321(2); and
UPON the Notice of Appearance dated July 24, 2015, filed by Beth P. Schwartz, Esq., on
behalf of United States of America; and
A Referee having been appointed to compute the amount due to Plaintiff upon the
bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged
property can be sold in parcels; and
UPON reading and filing the Report of Philip J. Smallman, Esq., dated August 10, 2018,
showing the sum of $386,876.83 due as of the date in said Report and that the mortgaged
property may not be sold in parcels; and
UPON proof of due notice of this motion upon all parties entitled to receive same, and
upon all the prior proceedings and papers filed herein;
NOW, on motion by Marika Dagounis, Esq., attorney for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is,
hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the
Complaint and as hereafter described, 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 RPAPL be
sold, within 90 ys of the date of this Judgment, in one parcel, public a etion at the
. y an un di ect of Philip J.
9926-1590
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:54 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEFITDOC. :NCRICHMOND
NO. 102 RECEIVED
NYSC COUNTY CLERK 06 /26 2019 04:3 P RFfNMWE13NY1NYSCEF:
53/
03/08/2023
2/2019
NYSCEF DOC. NO. 80
RECEIVED NYSCEF: 06/26/2019
Smallman, Esq.; who is hereby appointed Referee for that purpose; that said Referee give public
notice of the ti e place of sale in accordance with RPAPL §231 in
; and it is further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the
Referee certifies that he is in compliance with Part 36 of the Rules of the Chief Judge (22
NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment")
and §36.2 (d) ("Limitations on appointments based upon compensation"); and, if the Referee is
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting
or retaining any funds for him/herself or paying funds to him/herself without compliance with
Part 36 of the Rules of the ChiefAdministrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors
and/or assigns, or its representative; and it is further
AND' e'
ORDE ADJUD D ED that if the oes not co le
'thin 90 ys of the f the j gment, in a rdance CPLR 2004, ti ixed by
RPA 51(1 is extende the Referee t condu the sale as n as reas bly
practicable; d it rther
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiffs attorney, just as though Plaintiff were
physically present to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid
9926-1590
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:54 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEF DOC. NO. 102 COUNTY VB0.NM·/20MO2/2019
RECEIVED NYSCEF: 03/08/2023
PtI913: 1%ICtfMOND CLERK 06/26/2019 04:34 Pli
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019
offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is Plaintiff in which case no deposit against the purchase price shall be
required; and it is further
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 property
or fails to immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Refi ee shall. hen deposit the down
payment and proceeds of sale, as necessary, in
his/her own name as Referee, in accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days
after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in
paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party
shall place the property back on the market for sale or other occupancy: (a) within 180 days of
the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation,
or rehabilitation of the property, provided that such construction, renovation, or rehabilitation
9926-1590
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:54 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
wr
bMLhDOC. NO.
NYSCEF 102
11VICt1MOND COUNTY CLERK 06/26/2019 04:34 Pli
RECEIVED
EBDEXV8l@. NYSCEF: 03/08/2023
10356502@f6/02/2019
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019
proceeded diligently to completion, whichever comes first, provided however, that a court of
competent jurisdiction may grant an extension for good cause; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
at the time of sale, with such interest or penalties which may have lawfully accrued thereon to
the date ofpayment; and it is further
ORDERED, ADJUDGED AND DECREED, that t e Referee then deposit the alan e of
said proceeds of sale in her/his own name as Referee in
and shall thereafter make the following payments in accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance with
CPLR 8003(b), not to excee unless the property sells for $50,000.00 or more or
in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in
the sum of $ for each adjournment or cancellation, unless the
Referee caused the delay;
SECOND: All taxes, assessments, and water rates that are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taxes,
assessments, or water rates that have not become absolute, and any other amounts due in
accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and
penalties due on any real property taxes accruing after the sale. The Referee shall not be
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: The expenses of the sale and the advertising expenses as shown on the
9926-1590
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02/2019 11:45
02:54 AM
P
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEF DOC. NO. 102 RECEIVEDD1 NYSCEF:: 03/08/2023
8/02/2019
RECEIVED NYSCEF: 06/26/2019
NYSCEF DOC. N0, 80
bills presented and certified by said Referee to be correct, duplicate copies of which shall
be annexed to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following:
Amount Due per Referee's Report: $386,876.83 as of June 20, 2017, with
interest at the Note rate until May 31, 2017, together with any advances as provided for in the
note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any
other charges due to prior mortgages or to maintain the property pending consummation of this
foreclosure sale, not previously included in the computation, upon presentation of receipts for
said expenditures to the Referee, all together with interest thereon pursuant to the note and
mortgage, and then with interest from the date of entry of this judgment at the statutory rate until
the date the deed is transferred.
SF
Costs and Disbursements: $1,264,94 adjudged to the Plaintiff for costs and
disbursements in this action, with interest at the statutory judgment rate from the date of entry of
this judgment;
Additional Allowance: $300.00 is hereby awarded to Plaintiff in addition to
costs, with interest at the statutory judgment rate from the date of entry of this judgment,
pursuant to CPLR Article 83;
Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
FIFTH: Surplus monies arising from the sale shall be paid into court by the officer
conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and in
accordance with local County rules regarding Surplus Monies; and it is further
9926-1590
FILED:
FILED : RICHMOND
RICHMOND COUNTY
COUNTY CLERK
CLERK 03/08/2023
08/02 /2019 11:45
02:54 AM
P1
INDEX
INDEX NO.
NO. 135653/2015
135653/2015
NYSCEF DOC. NO. 102 1N gol NYSCEF:,01Ö8/02/2019
RECEIVED 03/08/2023
RECEIVED NYSCEF: 06/26/2019
NYSCEF DOC. NO. 80
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment
thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire
amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or
deeds of the property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts specified in and above when it is recording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
"Fourth"
Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
"Fifth"
above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer
tax shall be paid in acc
Preview
FILED: RICHMOND COUNTY CLERK 03/08/2023 11:45 AM INDEX NO. 135653/2015 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/08/2023 EXHIBIT A FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:54 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEFLÈÈ%· DOC. TÈCÈMOND NO. 102 COUNTY CLERK 0 6/2 6/2019 04 : 34 P) MWErMD RECEIVED kW20% 03/08/2023 NYSCEF: /02/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 06/26/2019 At IAS Part GP ofthe Supreme Court f held in the County of Richmond, at the Richmond Courthouse thereof, on the 0 Hon. Desmond A. Green day of , 201$_. J.S.C. . PRESENT: JUSTICE OF THE SUPREME COURT JPMorgan Chase Bank, National Association, INDEX NO.: 135653/2015 Plaintiff, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF vs. FORECLOSURE AND SALE Brian Licata; Amy Licata; Secretary of MORTGAGED PROPERTY: Housing and Urban Development; City of New 22 Von Braun Avenue York Department of Transportation Parking Staten Island, New York 10312 Violations Bureau, Block: 5676 Lot: 82 Defendants. UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9, 2015, the Notice of Motion dated Decemberd, 2018, the Affirmation by Marika Dagounis, Esq., the Affidavit of Merit and Amount Due by Tishea E. Inman who is Vice President of JPMorgan Chase Bank, N.A., Plaintiff, duly sworn to on June 22, 2017, together with the exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee Report and Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by an attorney or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of New York Department of Transportation Parking Violations Bureau, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against 9926-1590 FILED: FI D : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:5 4 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEF NYS D :NCRÏiitD4OND IfEDOC. NO. 102 COUNTY CLERK 0 6 2 6 2019 0 4 : 34 RECEIVED R EÑONY1 2/20 B NYSCEF: 03/08/2023 P NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019 defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of New York Department of Transportation Parking Violations Bureau are not absent, in accordance with RPAPL §1321(2); and UPON the Notice of Appearance dated July 24, 2015, filed by Beth P. Schwartz, Esq., on behalf of United States of America; and A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Philip J. Smallman, Esq., dated August 10, 2018, showing the sum of $386,876.83 due as of the date in said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Marika Dagounis, Esq., attorney for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, 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 RPAPL be sold, within 90 ys of the date of this Judgment, in one parcel, public a etion at the . y an un di ect of Philip J. 9926-1590 FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:54 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEFITDOC. :NCRICHMOND NO. 102 RECEIVED NYSC COUNTY CLERK 06 /26 2019 04:3 P RFfNMWE13NY1NYSCEF: 53/ 03/08/2023 2/2019 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019 Smallman, Esq.; who is hereby appointed Referee for that purpose; that said Referee give public notice of the ti e place of sale in accordance with RPAPL §231 in ; and it is further ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies that he is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment") and §36.2 (d) ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the ChiefAdministrative Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representative; and it is further AND' e' ORDE ADJUD D ED that if the oes not co le 'thin 90 ys of the f the j gment, in a rdance CPLR 2004, ti ixed by RPA 51(1 is extende the Referee t condu the sale as n as reas bly practicable; d it rther ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiffs attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid 9926-1590 FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:54 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEF DOC. NO. 102 COUNTY VB0.NM·/20MO2/2019 RECEIVED NYSCEF: 03/08/2023 PtI913: 1%ICtfMOND CLERK 06/26/2019 04:34 Pli NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019 offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and it is further 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 property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Refi ee shall. hen deposit the down payment and proceeds of sale, as necessary, in his/her own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within 180 days of the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation 9926-1590 FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:54 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 wr bMLhDOC. NO. NYSCEF 102 11VICt1MOND COUNTY CLERK 06/26/2019 04:34 Pli RECEIVED EBDEXV8l@. NYSCEF: 03/08/2023 10356502@f6/02/2019 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 06/26/2019 proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date ofpayment; and it is further ORDERED, ADJUDGED AND DECREED, that t e Referee then deposit the alan e of said proceeds of sale in her/his own name as Referee in and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), not to excee unless the property sells for $50,000.00 or more or in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be 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: The expenses of the sale and the advertising expenses as shown on the 9926-1590 FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02/2019 11:45 02:54 AM P INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEF DOC. NO. 102 RECEIVEDD1 NYSCEF:: 03/08/2023 8/02/2019 RECEIVED NYSCEF: 06/26/2019 NYSCEF DOC. N0, 80 bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $386,876.83 as of June 20, 2017, with interest at the Note rate until May 31, 2017, together with any advances as provided for in the note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred. SF Costs and Disbursements: $1,264,94 adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $300.00 is hereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and in accordance with local County rules regarding Surplus Monies; and it is further 9926-1590 FILED: FILED : RICHMOND RICHMOND COUNTY COUNTY CLERK CLERK 03/08/2023 08/02 /2019 11:45 02:54 AM P1 INDEX INDEX NO. NO. 135653/2015 135653/2015 NYSCEF DOC. NO. 102 1N gol NYSCEF:,01Ö8/02/2019 RECEIVED 03/08/2023 RECEIVED NYSCEF: 06/26/2019 NYSCEF DOC. NO. 80 ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts specified in and above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due "Fourth" Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph "Fifth" above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in acc