Preview
RAS
ROBERTSOMANSCHUTZ,SCHNEin
CRANE & PARINER5, PLLC
i. A W O F F 3 O 8 8
Esquire"
James Robertson,
Sara Z. Boriskin, Esquire Everett Anschutz,
900 Merchants Concourse, Esquire**
Managing Partner,NewYork Of)im
Suite 310 Esquire**
David J. Schneid,
Westbury, NY 11590 John T. Crane,
Esquire"
Phone:516.280.7675
' Deceased
Fax: 516-280-7674
N"Not Itted to Practice in
www.rasiegalgroup.com
March 25, 2021
VIA FIRST CLASS MAIL
Honorable Kevin G. Young
Onondaga County Supreme Court
401 Montgomery Street
Syracuse, New York 13202
RE: NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER v.
EDWARD GODZAC A/K/A EDWARD A. GODZAC, et al
Index Number: 5965/2017 ("Foreclosure Action")
Our File: 17-089461
Dear Hon. Kevin G. Young:
Our office represents Natian•+ar Mortgage LLC d/b/a Mr. Plaintiff in the above-
Cooper,
referenced foreclosure action. In that regard, on March 10, 2019 Plaintiff's Judgment of
Foreclosure and Sale was granted.
In accordance with the Fifth Judicial District's Covid-19 For-losse sale directive, the
March 10, 2019 Judgment must be amended to incorporate the Covid-19 directive. As such,
enclosed herewith please find a proposed Judgment of Foreclosure and Sale which contains the
Covid-19 directive and the correct sale location
Please be advised that the subject property located at 369 Tennyson Avenue, Syracuse, NY
13204 is vacant and was placed on the New York State Vacant and Abandoned Property Registry
on April 5, 2019 and remains active on the registry. A Vacancy Affirmation with proof of same
is also enclosed herewith for review and filing.
Based on the foregoing, Plaintiff requests that the Court issue an amended
respectfully
Judgment of Foreclosure and Sale which adheres to the Fifth Judicial District's Foreclosure
Directives.
17-026438 - AID
Please do not hesitate to contact the undersigned with any questions and/or con s.
Respec 'ul
ia . 1, Esq
516-2 0-7675 ext. 1078
kru wski@rasig,com
Encls.
CC: First Class Mail
EDWARD GODZAC A/K/A EDWARD A. GODZAC
POE: SYRACUSE AIRPORT, 1000 COL EILEEN COLLINS BOULEVARD
SYRACUSE, NY 13212
SUSAN B. - REFEREE
MARRIS, ESQ
1045 7TH NORTH STREET
LIVERPOOL, NY 13088
17-026438 - AID
At
the
IAS
State
Term
of New
Part _
York, held
of the
in and
Supreme
for the
Court
County
of
of ONONDAGA at the Courthouse thereof, 333
East Washington Street, Syracuse, NY 13202 on
the day of
2018.
P R E S E N T
Honorable Kevin G. Young
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
------------------------------------------------------------X Index No.: 2017-005965
NATIONSTAR MORTGAGE LLC D/B/A MR.
COOPER, AMENDED JUDGMENT OF
Plaintiff, FORECLOSURE AND SALE
Vs.
Premises:
EDWARD GODZAC A/K/A EDWARD A. GODZAC, 369 TENNYSON AVENUE
SYRACUSE, NY 13204
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons Section 110, Block 13, Lot 6
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien Servicer: Nationstar Martgage
upon the premises, described in the complaint, LLC d/b/a Mr. Cooper
Defendants. Contact: 888-480-2432
----------.---------------------- ---X
Plaintiff having moved this Court for a Judgment of Foreclosure and Sale, NOW, upon
plaintifPs Oex parte application or El motion heard on April 10, 2019, notice at which time
Oplaintiff / Odafandant appeared, Oor no appearances were required, and upon all prior
proceedings herein, and upon
1) the Summons and Complaint filed on November 2, 2017;
2) the Notice of Pendency filed on November 2, 2017;
3) the Affmnation of Matthew Rothstein, Esq., affirmed on November 30, 2018;
of Connie Melendez dated April
4) the Affidavit 09, 2018;
IlllillllAllHllAllllIIIllllll II|llilllIIIIllIIIIllllIIIllIIIll IlllIAllllllIlllllllllllA
of the Susan B. dated November 2018 which
5) the Report Referee, Marris, Esq., 13, by
Report it appears that the sum of $41,832.11 was due as of December 31, 2017, and the mortgaged
premises should be sold in Oone parcel or O
6) proof of service upon all parties entitled to notice of this applicatioñ for a Judgment of
Foreclosure and Sale:
Ratification of Referee's Report
ORDERED, ADJUDGED and DECREED that to the extent provided for herein the
Report of Referee Susan B. Marris, Esq., dated November 1A 2018 be and the same hereby is
ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff's motion is hereby granted in
its entirety; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee's report be, and the same
is in all respects ratified and confirmed; and it is further
#1"
ORDERED, ADJUDGED AND DECREED, that defendants captioned as "John Doe
through "John Doe #12", not having been served with copies of the Summons and Complaint, are
neither a necessary nor property party defends.ñts and their names are hereby stricken from the
caption of this action; and it is further
ORDERED, that the caption shall read as follows:
.-------------------------------- ---------------------------X
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER,
Plaintiff,
vs.
EDWARD GODZAC A/K/A EDWARD A. GODZAC,
-
Defendants.
__-------------------- - ---X
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 and the costs of this action as provided the Real AMana and Proceedings
sale, by Property
Law, be sold in Oone parcel or O at
public auction on the Second Floor of the Onoñdaga County Courthouse, 401 Montgomery Street,
Syracuse, New York in the public meeting area located outside the main entrance of the Onondaga
County Clerk's Office by and under the direction of the Referee who is appointed herein for that
purpose, and the Referee shall set 3 the date of sale and give public notice of the time and place of
sale in accordance with RPAPL §231 in the Syracuse Post-Standard; and
|The Court Will Initial the Applicable Pnwiston Below]
O the Referee shall conduct the foreclosure sale within 90 days of entry of this Judgment
of Foreclosure;
O the Referee shall conduct the forcciosure sale on or before ;
and it is further
ORDERED, ADJUDGED and DECREED, that all persons attending the foreclosure
sale must comply with the Fifth Judicial District Foreclosure Sale Protocols, including social
distancing and PPE guideliñês. The Fifth Tedicial District Foreclosure Sale Protocols are
annexed hereto as Scheduled "B"; and it is further
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
to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
pay
süucessful bidder is the plaintiff in which case no deposit against the purchase price shall be
required; and it is further
Subsequent Bid Instructions
ORDERED, ADJUDGED and DECREED that in the event the first successfin bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject premises or
fails to immediately pay the ten percent (10%) deposit as required, the premises shall immediately
and on the same day be reoffered at auction; and it is 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
otherwise 4 stipulated to by all parties. The Referee shall transfer title to the successful bidder
only
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.
Any adjoumment beyond ninety (90) days may be set only with approval of this Court; and it is
further
Deposit of Funds
ORDERED, ADJUDGED and DECREED that the Referee shall deposit all funds
received pursüâñt to this Judgement of Foreclosure and Sale in the Referee's IOLA account; and
it is 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:
The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the
amount of $500.00. In the event a scheduled sale is cancelled or postponed by a person or entity
other than the Referee, or the action is discontinued, pursuant to CPLR the plaintiff shall
§8003(a)
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 Judgement of Foreclosure and Sale ceñstitutes the necessary prior anthorization for
compensation as set forth herein. No compensation totaling 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 compHance with the provisions of 22
NYCRR §36.4.
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 respoñsible for the payment of penalties or fees 5
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.
FOIJRTH: 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 $ 41,832.11, 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 December 31,
2017, the date to which interest was calcu1sted in the Report of the Referee through the
date of of this Judgment of Foreclosure and and thereafter at the post-
entry 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;
(e) the amount of any advances provided for in the Note and Mortgage that plaintiffrae=enably
may have made to maintain the premises consummation of the foreclosure sale
pending
upon presentation to the Referee of receipts for these expenditures.
sub-paragraphs and FOURTH(e) plaintiff recover
Notwithstanding FOURTH(b) above, may
interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and
plaintiff may recover to a maximum of only $250.00 for any maintenance or premise
up
preservation expenses after the date of this Judgment of Foreclosure; and it is further
Report of Sale
ORDERED, ADJUDGED and DECREED that the Referee shall timely file the
Referee's Report of Sale and plaintiff shall move to confirm the Referee's Report of Sale
timely
pursuant to RPAPL §1355; and it is further
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
"FIRST,"
upon payment to the Referee of the sum awarded under the above 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 m=icipal
authorities showing payment thereof. The balance of the amount bid, after deducting therefiom the
aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the Referee
"FOURTH."
upon the amo=ts 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 plaintif F3 then
upon to plaintiff of the Referee's deed, plaintiff shall to the Referee the amount of
delivery pay
such surplus, which amount 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 §l354(3), which payment shall
be reported in the Referee's Report of Sale. Any surplus remaining after all 7 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 it is 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, if any, with the Onondaga County
Department of Finance, to the credit of this action, within five (5) days after receipt unless such
period is deemed extended by the filing of an spplication for additional compensation, to be
withdrawn upon order of this Court; and the Referee shall make the Referee's Report of Sale
only
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 file it in the Onondaga County Clerk's Office within
thirty (30) days after completing the sale and executing the proper conveyance to the purchaser or
within days of a decision of this Court with respect to application for adamanal
thirty (30) any
compensation; and it is further
Foreclosure Action Surplus Monies Form
ORDERED, ADJUDGED and DECREED that the Referee shall complete the
Foreclosure Action Surplus Monies Form and file it in the Onondaga County Clerk's Office and
deliver a copy to the Court within thirty (30) days of the foreclusure sale; and it is further
Deficiency Judgment Application
ORDERED, ADJUDGED and DECREED that if the proceeds ofthe 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 it is 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 it is further
CIahna Barred
ORDERED, ADJUDGED and DECRRED that the Defendants in this action, and all
persons elaiming under any of them after the filing of the Notice of Pendency of this action, be
and hereby forever are barred and foreclosed of all right, claim, lien, title, interest and equity of
redemption in the mortgaged premises and each and every part thereof; and it is further
Conditions of Sale
Preview
RAS ROBERTSOMANSCHUTZ,SCHNEin CRANE & PARINER5, PLLC i. A W O F F 3 O 8 8 Esquire" James Robertson, Sara Z. Boriskin, Esquire Everett Anschutz, 900 Merchants Concourse, Esquire** Managing Partner,NewYork Of)im Suite 310 Esquire** David J. Schneid, Westbury, NY 11590 John T. Crane, Esquire" Phone:516.280.7675 ' Deceased Fax: 516-280-7674 N"Not Itted to Practice in www.rasiegalgroup.com March 25, 2021 VIA FIRST CLASS MAIL Honorable Kevin G. Young Onondaga County Supreme Court 401 Montgomery Street Syracuse, New York 13202 RE: NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER v. EDWARD GODZAC A/K/A EDWARD A. GODZAC, et al Index Number: 5965/2017 ("Foreclosure Action") Our File: 17-089461 Dear Hon. Kevin G. Young: Our office represents Natian•+ar Mortgage LLC d/b/a Mr. Plaintiff in the above- Cooper, referenced foreclosure action. In that regard, on March 10, 2019 Plaintiff's Judgment of Foreclosure and Sale was granted. In accordance with the Fifth Judicial District's Covid-19 For-losse sale directive, the March 10, 2019 Judgment must be amended to incorporate the Covid-19 directive. As such, enclosed herewith please find a proposed Judgment of Foreclosure and Sale which contains the Covid-19 directive and the correct sale location Please be advised that the subject property located at 369 Tennyson Avenue, Syracuse, NY 13204 is vacant and was placed on the New York State Vacant and Abandoned Property Registry on April 5, 2019 and remains active on the registry. A Vacancy Affirmation with proof of same is also enclosed herewith for review and filing. Based on the foregoing, Plaintiff requests that the Court issue an amended respectfully Judgment of Foreclosure and Sale which adheres to the Fifth Judicial District's Foreclosure Directives. 17-026438 - AID Please do not hesitate to contact the undersigned with any questions and/or con s. Respec 'ul ia . 1, Esq 516-2 0-7675 ext. 1078 kru wski@rasig,com Encls. CC: First Class Mail EDWARD GODZAC A/K/A EDWARD A. GODZAC POE: SYRACUSE AIRPORT, 1000 COL EILEEN COLLINS BOULEVARD SYRACUSE, NY 13212 SUSAN B. - REFEREE MARRIS, ESQ 1045 7TH NORTH STREET LIVERPOOL, NY 13088 17-026438 - AID At the IAS State Term of New Part _ York, held of the in and Supreme for the Court County of of ONONDAGA at the Courthouse thereof, 333 East Washington Street, Syracuse, NY 13202 on the day of 2018. P R E S E N T Honorable Kevin G. Young J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ------------------------------------------------------------X Index No.: 2017-005965 NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, AMENDED JUDGMENT OF Plaintiff, FORECLOSURE AND SALE Vs. Premises: EDWARD GODZAC A/K/A EDWARD A. GODZAC, 369 TENNYSON AVENUE SYRACUSE, NY 13204 #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons Section 110, Block 13, Lot 6 or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien Servicer: Nationstar Martgage upon the premises, described in the complaint, LLC d/b/a Mr. Cooper Defendants. Contact: 888-480-2432 ----------.---------------------- ---X Plaintiff having moved this Court for a Judgment of Foreclosure and Sale, NOW, upon plaintifPs Oex parte application or El motion heard on April 10, 2019, notice at which time Oplaintiff / Odafandant appeared, Oor no appearances were required, and upon all prior proceedings herein, and upon 1) the Summons and Complaint filed on November 2, 2017; 2) the Notice of Pendency filed on November 2, 2017; 3) the Affmnation of Matthew Rothstein, Esq., affirmed on November 30, 2018; of Connie Melendez dated April 4) the Affidavit 09, 2018; IlllillllAllHllAllllIIIllllll II|llilllIIIIllIIIIllllIIIllIIIll IlllIAllllllIlllllllllllA of the Susan B. dated November 2018 which 5) the Report Referee, Marris, Esq., 13, by Report it appears that the sum of $41,832.11 was due as of December 31, 2017, and the mortgaged premises should be sold in Oone parcel or O 6) proof of service upon all parties entitled to notice of this applicatioñ for a Judgment of Foreclosure and Sale: Ratification of Referee's Report ORDERED, ADJUDGED and DECREED that to the extent provided for herein the Report of Referee Susan B. Marris, Esq., dated November 1A 2018 be and the same hereby is ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff's motion is hereby granted in its entirety; and it is further ORDERED, ADJUDGED AND DECREED, that said Referee's report be, and the same is in all respects ratified and confirmed; and it is further #1" ORDERED, ADJUDGED AND DECREED, that defendants captioned as "John Doe through "John Doe #12", not having been served with copies of the Summons and Complaint, are neither a necessary nor property party defends.ñts and their names are hereby stricken from the caption of this action; and it is further ORDERED, that the caption shall read as follows: .-------------------------------- ---------------------------X NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Plaintiff, vs. EDWARD GODZAC A/K/A EDWARD A. GODZAC, - Defendants. __-------------------- - ---X 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 and the costs of this action as provided the Real AMana and Proceedings sale, by Property Law, be sold in Oone parcel or O at public auction on the Second Floor of the Onoñdaga County Courthouse, 401 Montgomery Street, Syracuse, New York in the public meeting area located outside the main entrance of the Onondaga County Clerk's Office by and under the direction of the Referee who is appointed herein for that purpose, and the Referee shall set 3 the date of sale and give public notice of the time and place of sale in accordance with RPAPL §231 in the Syracuse Post-Standard; and |The Court Will Initial the Applicable Pnwiston Below] O the Referee shall conduct the foreclosure sale within 90 days of entry of this Judgment of Foreclosure; O the Referee shall conduct the forcciosure sale on or before ; and it is further ORDERED, ADJUDGED and DECREED, that all persons attending the foreclosure sale must comply with the Fifth Judicial District Foreclosure Sale Protocols, including social distancing and PPE guideliñês. The Fifth Tedicial District Foreclosure Sale Protocols are annexed hereto as Scheduled "B"; and it is further 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 to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the pay süucessful bidder is the plaintiff in which case no deposit against the purchase price shall be required; and it is further Subsequent Bid Instructions ORDERED, ADJUDGED and DECREED that in the event the first successfin bidder fails to execute the Terms of Sale immediately following the bidding upon the subject premises or fails to immediately pay the ten percent (10%) deposit as required, the premises shall immediately and on the same day be reoffered at auction; and it is 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 otherwise 4 stipulated to by all parties. The Referee shall transfer title to the successful bidder only 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. Any adjoumment beyond ninety (90) days may be set only with approval of this Court; and it is further Deposit of Funds ORDERED, ADJUDGED and DECREED that the Referee shall deposit all funds received pursüâñt to this Judgement of Foreclosure and Sale in the Referee's IOLA account; and it is 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: The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the amount of $500.00. In the event a scheduled sale is cancelled or postponed by a person or entity other than the Referee, or the action is discontinued, pursuant to CPLR the plaintiff shall §8003(a) 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 Judgement of Foreclosure and Sale ceñstitutes the necessary prior anthorization for compensation as set forth herein. No compensation totaling 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 compHance with the provisions of 22 NYCRR §36.4. 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 respoñsible for the payment of penalties or fees 5 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. FOIJRTH: 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 $ 41,832.11, 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 December 31, 2017, the date to which interest was calcu1sted in the Report of the Referee through the date of of this Judgment of Foreclosure and and thereafter at the post- entry 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; (e) the amount of any advances provided for in the Note and Mortgage that plaintiffrae=enably may have made to maintain the premises consummation of the foreclosure sale pending upon presentation to the Referee of receipts for these expenditures. sub-paragraphs and FOURTH(e) plaintiff recover Notwithstanding FOURTH(b) above, may interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and plaintiff may recover to a maximum of only $250.00 for any maintenance or premise up preservation expenses after the date of this Judgment of Foreclosure; and it is further Report of Sale ORDERED, ADJUDGED and DECREED that the Referee shall timely file the Referee's Report of Sale and plaintiff shall move to confirm the Referee's Report of Sale timely pursuant to RPAPL §1355; and it is further 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 "FIRST," upon payment to the Referee of the sum awarded under the above 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 m=icipal authorities showing payment thereof. The balance of the amount bid, after deducting therefiom the aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the Referee "FOURTH." upon the amo=ts 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 plaintif F3 then upon to plaintiff of the Referee's deed, plaintiff shall to the Referee the amount of delivery pay such surplus, which amount 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 §l354(3), which payment shall be reported in the Referee's Report of Sale. Any surplus remaining after all 7 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 it is 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, if any, with the Onondaga County Department of Finance, to the credit of this action, within five (5) days after receipt unless such period is deemed extended by the filing of an spplication for additional compensation, to be withdrawn upon order of this Court; and the Referee shall make the Referee's Report of Sale only 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 file it in the Onondaga County Clerk's Office within thirty (30) days after completing the sale and executing the proper conveyance to the purchaser or within days of a decision of this Court with respect to application for adamanal thirty (30) any compensation; and it is further Foreclosure Action Surplus Monies Form ORDERED, ADJUDGED and DECREED that the Referee shall complete the Foreclosure Action Surplus Monies Form and file it in the Onondaga County Clerk's Office and deliver a copy to the Court within thirty (30) days of the foreclusure sale; and it is further Deficiency Judgment Application ORDERED, ADJUDGED and DECREED that if the proceeds ofthe 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 it is 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 it is further CIahna Barred ORDERED, ADJUDGED and DECRRED that the Defendants in this action, and all persons elaiming under any of them after the filing of the Notice of Pendency of this action, be and hereby forever are barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the mortgaged premises and each and every part thereof; and it is further Conditions of Sale