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FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
X INDEX NO. 005965/2017
NATIONSTAR MORTGAGE LLC D/B/A
MR.COOPER, NOTICE OF ENTRY
Plaintiff
against
EDWARD GODZAC A/K/A EDWARD A.
GODZAC,
Defendant(s).
X
PLEASE TAKE NOTICE that the within is a true copy of an entered amended judgment
of foreclosure and sale, duly entered in the office of the clerk of the within named court on June
3, 2021.
Dated: Westbury, New York
July 26, 2021
'
Robertson, Ansc utz, eid, ane & Partners, PLLC
Attorney for Pla
Julia owski, Esquire
900 chants Concourse
Suite 10
W tbury, New York 11590
TO:
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
lllllllllll11111111111111111111111111111111111 ll111111I1111111111111111111111111111111Illl11111111
111111111111111Il111111111111111ll
17-089461 - PhW
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFONONDAGA
NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER,
Plaintiff,
-against-
EDWARD GODZAC A/K/A EDWARD A. GODZAC,
Defendants.
NOTICE OF ENTRY
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorneys for Plaintiff
900 Merchants Côñcõürse, Suite 310
Westbury, NY 11590
Phone: 516-280-7675
17-089461-PhW
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NYSCEF DOC. NO. 7
At IAS Term Part of the Supreme Court of
the State of New York, held
in and for the County
of ONONDAGA at the Courthouse thereof, 333
East Washington Street, Syracuse, NY 13202 on
the n d day of __h. 1<_ A s i ,
P R E S E N T Joseph E Lamende
Honorable Kevin-G.-¥eme
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
----------------------------------- ----X index No.: 2017-005965
NATIONSTAR MORTOAGE LLC D/B/A MR.
COOPER, AMENDED JUDGMENT OF
PlaintifT, FORECLOSURE AND SALE
vs.
Premises:
EDWARD GODZAC A/KM EDWARD A. GODZAC, 369 TENNYSON AVENUE
SYRACUSE, NY 13204
#1" #12."
"JOHN DOE through "JOHN DOE thelast twelve
names being fictitious and unknown to plaintiff. the persons Section I 10, 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 Naticastar Mortgage
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 Foreeles=e and Sale, NOW, upon
plaintifT's Dex parte applicatiün or liB motion heard on April 10, 2019, notice at which time
Cplaintiff / adefendant appeared, oor no appearances were required, and upon all prior
proceedings herein, and upon
1) the St'mes=s and Complaint filed on November 2, 2017;
2) the Notice of Pendency filed on November 2, 2017;
3) the Affirmation of Matthew Rothstein, Esq., affirmed on November 30, 2018;
4) the Affidavit of Connie Melendez, dated April 09, 2018;
IllilmingllMIIIIIIIIIII IIIIll AllIIIIINIIIIIIIIlillH IIIIlillIlmlIIIIII
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NYSCEF DOC. NO. 7
5) the Report of the Referee, Susan B. Marris, Esq., dated November 13, 2018 by which
Report it appears that the sum of $41,832.11 was due as of December 31, 2017, and the acngâged
premises should be sold in Done parcel or O ;
6) proof of service upon all parties entitled to notice of this e.pp!icatian 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 13. 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 Refeive's report be, and the same
is in all respects ratified and conf:rnied; and it is further
#1"
ORDERED, ADJUDGED AND DECREED, that defendants capti=ed as "John Doe
through "John Doe #12", not having been served with copies of the 9-=±a and Complaist, are
neither a necessary nor
d -'-" and their are hereby
property party names stricken from the
caption of this action; and it is further
ORDERED, that the caption shall read as follows:
NATIONSTAR MORTOAGE LLC D/B/A MR. COOPER,
Plaintiff,
vs.
EDWARD GODZAC A/K/A EDWARD A. GODZAC,
Defendants.
x
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[FILED : ONONDAGA COUNTY CLERK
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NYSCEF DOC. NO. 7
Sale Instructions
ORDERED, ADJUDGED and DECREED that the above-described mortgaged
premises, or such part thereof as may be suHicient to discharge the mortgage debt, the expenses of
the sale, and the costs of this action as provided by the Real Property Actions and Proceedings
Law, be sold in one parcel or O at
public auction on the Second Floor of the Cacndaiia County Courthouse, 401 Mc:'¡i;::ñery Street,
Syracuse, New York in the public meeting area located outside the main catrarice of the Onondaga
County Clerk's Office by and under the direction of the Referee who is appainted 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
[TheCourtWillInitialtheAppitcableProvisionBelow)
p the Referee shall conduct the foreclosure sale within 90 days of entry of this Judgment
of Foreclosure;
O the Referee shall conduct the foreclosure sale on or before
and it is further
ORDERED, ADJUDGED and DECREED, that all persons attending the foreclosure
sale must comply with the FiAh Judicial District Foreclosurg Sale Protcccis, ine!uding social
distancing and PPE guidelirics. The Fifth Judicial District Foracleene Sale Prataccis 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 suouesaful bidder immediste|y execute Terms of Sale for the purchase of the premises and
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NYSCEF DOC. NO. 7 . RECEIVED NYSCEF: 06/03/2021
payto the Referee, in cash or certified or bank check, ten percent (10%) of thesumhid,unlessthe
successful 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 successfùl bidder
fails to execute the Terms of Sale immediately folicwing the bidding upon the subject premises or
fails to L==adietely 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 lacaticñ 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 stipu!etal to by all parties. The Referee shall transfer title only tothe successful bidder
at the euction. 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 adjcu:ñmcñt 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 pursuant to this Judgement of Foreclosure and Sale in the Referee's IOLA account; and
it is further
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NYSCEF DOC. NO. 7
Payments from Funds
ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of
such safe shall cause to be paid p=ptly therefrom:
MRST: The statutory fees and comMssions 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 disecedneed, pursuant to CPLR §8003(a) the plaintiff shall
pay to the Referee the sum of $350.00 for each adjou=ent or cancellation, and for any
disc=S::-.:oe. Such compensation may be recouped from the pmceeds of sale as a cost to
plaintiff. This Judgement of Foreclosure and Sale constitutes the necessary prior âüthorization for
companstion as set forth herein. No. compemation totaling in excess of $750.00, Lacluding
compamation authorized pursuant to CPLR §8003(a) for compssdes of the sum due to plaintiff,
may be accepted by the Referee without Court approval and compliance with the provisions of 22
NYCRR §36.4.
SECON.D: The reasonable expenses of the sale, h^bªng 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 re-m!ble for the payment of penalties or fees 5
pun=t to this appointment. The Purchaser shall hold the Referee harmless from any such
penalties or fees assessed.
THIRD: Pursuant to RPAPL §1354 in ±cccience with their priority according to law, all taxes,
asseesmaa*s, sewer rents, water rates and any other charges placed upon the premises by any
musicipal authorities having priority over the forecloscd mortgage and which are liens on the
pmmises at the time of sale, with such interest or penalties that lawfully may have accrued thereon
to the date of payment.
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NYSCEF DOC. NO. 7
FOURTH: as limited herein, to the plaintiff or its attomeys
(a) [to be inserted by the Clerk) the sum of $ A4'l for costs and
disburseman's 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, togcthct with interest thereon pursuant to the terms of the Note from December 31,
2017, the date to which interest was calculated in the Report of the Referee thro::gh the
date of entry of this Judgment of Ferec!osure and Sale, and thereafter at the statutory post-
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 $ 2 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 Mongaga that plaintiff may have
made for taxes and i:±m±ece, and amounts due to prior mortgagors, upon presen+±ier to
the Referee of receipts for these expenditures;
(c) the amount of any advances provided for in the Note and Mortgage that plaintiffrearnably
may have made to mesda the premises pending const:mmation of the foreclosure sale
upon presentation to the Referee of receipts for these expenditures.
Note't.:'r_±g sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may recover
interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and
plaintiff may recover up to a maxim".= of only $250.00 for any m±tenance or premise
preservation expenses after the date of this Jadgment of Foreclosuke; and it is further
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Report of Sale
ORDERED, ADJUDGED and DECREED that the Referee shall timely file the
Referee's Report of Sale and plaintiff shall timely move to confirm the Referee's Report of Sale
pursuant to RPAPL §l355; and it is further
Plaintiff as Purchaser
ORDERED, ADJUDGED and DECREED that in the event plaintiff purchases the
mortgaged promises 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 pamises sold
"FIRST,"
upon payment to the Referee of the sum awarded under the above provisicña marked
"SECOND," "THIRD,"
and if such expenses were paid by the Referee, or in lieu of the payment
of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal
authorities slicwiñg paymcat thereof. The balance ofthe amount bid, after deducting therefrom the
afarcmcationed payments to the Referee shall be allowed to the plaintiffand applied by the Referee
"FOURTH."
upon the amount- due to the plaintiff as specified in item marked If upon applying
the balâñce of the amount bid, there is a surplus over and above the amounts due to p!dsti", then
upon delivery to plaintiff of the Referee's deed, plaintiff shall pay to the Referee the amount of
such surplus, which amount shall be applied by the Referee, upon motion made intsüant to RPAPL
§l351(3), and proof sesfectory to the Referee of the sums due themon, to any eeberdinate
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 m±=i:;; 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 mastgaged premises as identined by
plaintiff at the time of the sale; and it is further
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NYSCEF DOC. NO. 7
Surplus Montes
ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the
Referee's Report of Sale plaintiff's receipt(s) for the emounts paid as directed in item marked
"FOURTH,"
and the Refem 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 application for additional compensation, to be
withdrawn only upon order of this Court; and the Referee shall make the Referee's Report of Sale
under oath showing the dispasition 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 compicting the sale and executing the proper convcyance to the purchaser or
within thirty (30) days of a decisiòñ of this Court with respect to any applicetien for edditional
compensation; and it is further
Foreclosure Action Surplus Monies Form
ORDERED, ADJUDGED and DECREED that the Referee shall completc the
Foreclosure Action Surplus Monies Form and file it in the onandaga County Clerk's Office and
deliver a copy to the Court within thirty (30) days of the foreclosure sale; and it is further
Deficiency Judgment Application
ORDERED, ADJUDGED and DECREED that if the peceeds ofthe sale are insufficient
to pay the amount reported by the Referee as due to pkistiE, the plaintiff may apply to the Court
to recover the whole or such part of the deficicacy 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 premisaa on productiõn of the Iteferee's deed; and it is further
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NYSCEF DOC. NO. 7
Claims Barred
ORDERED, ADJUDGED and DECREED that the Defendants in this action, and all
persons chiming 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
=des;±: in the inortgaged premises and each and every part thereof; and it is further
Conditions of Sale
is"
ORDERED, ADJUDGED and DECREED that the premises be sold in "as physical
order and cêñëtion on the day ofsale, subject to any state of facts that an in=peedee of the premises
would disclose, any state of facts that an accurate survey of the premises would show, any
covenants, restrictions, declarations, reservations, easamets, right of way and public utility
agreements of record, any building and zoning ordinances of the municipality in which the
mortgaged premises
Preview
FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA X INDEX NO. 005965/2017 NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER, NOTICE OF ENTRY Plaintiff against EDWARD GODZAC A/K/A EDWARD A. GODZAC, Defendant(s). X PLEASE TAKE NOTICE that the within is a true copy of an entered amended judgment of foreclosure and sale, duly entered in the office of the clerk of the within named court on June 3, 2021. Dated: Westbury, New York July 26, 2021 ' Robertson, Ansc utz, eid, ane & Partners, PLLC Attorney for Pla Julia owski, Esquire 900 chants Concourse Suite 10 W tbury, New York 11590 TO: 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 lllllllllll11111111111111111111111111111111111 ll111111I1111111111111111111111111111111Illl11111111 111111111111111Il111111111111111ll 17-089461 - PhW 1 of 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFONONDAGA NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER, Plaintiff, -against- EDWARD GODZAC A/K/A EDWARD A. GODZAC, Defendants. NOTICE OF ENTRY ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Côñcõürse, Suite 310 Westbury, NY 11590 Phone: 516-280-7675 17-089461-PhW 2 of 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 At IAS Term Part of the Supreme Court of the State of New York, held in and for the County of ONONDAGA at the Courthouse thereof, 333 East Washington Street, Syracuse, NY 13202 on the n d day of __h. 1<_ A s i , P R E S E N T Joseph E Lamende Honorable Kevin-G.-¥eme J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ----------------------------------- ----X index No.: 2017-005965 NATIONSTAR MORTOAGE LLC D/B/A MR. COOPER, AMENDED JUDGMENT OF PlaintifT, FORECLOSURE AND SALE vs. Premises: EDWARD GODZAC A/KM EDWARD A. GODZAC, 369 TENNYSON AVENUE SYRACUSE, NY 13204 #1" #12." "JOHN DOE through "JOHN DOE thelast twelve names being fictitious and unknown to plaintiff. the persons Section I 10, 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 Naticastar Mortgage 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 Foreeles=e and Sale, NOW, upon plaintifT's Dex parte applicatiün or liB motion heard on April 10, 2019, notice at which time Cplaintiff / adefendant appeared, oor no appearances were required, and upon all prior proceedings herein, and upon 1) the St'mes=s and Complaint filed on November 2, 2017; 2) the Notice of Pendency filed on November 2, 2017; 3) the Affirmation of Matthew Rothstein, Esq., affirmed on November 30, 2018; 4) the Affidavit of Connie Melendez, dated April 09, 2018; IllilmingllMIIIIIIIIIII IIIIll AllIIIIINIIIIIIIIlillH IIIIlillIlmlIIIIII 31 of of 19 17 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 |FILED : ONONDAGA COUNTY CLERK 0 RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 5) the Report of the Referee, Susan B. Marris, Esq., dated November 13, 2018 by which Report it appears that the sum of $41,832.11 was due as of December 31, 2017, and the acngâged premises should be sold in Done parcel or O ; 6) proof of service upon all parties entitled to notice of this e.pp!icatian 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 13. 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 Refeive's report be, and the same is in all respects ratified and conf:rnied; and it is further #1" ORDERED, ADJUDGED AND DECREED, that defendants capti=ed as "John Doe through "John Doe #12", not having been served with copies of the 9-=±a and Complaist, are neither a necessary nor d -'-" and their are hereby property party names stricken from the caption of this action; and it is further ORDERED, that the caption shall read as follows: NATIONSTAR MORTOAGE LLC D/B/A MR. COOPER, Plaintiff, vs. EDWARD GODZAC A/K/A EDWARD A. GODZAC, Defendants. x 42 of of 19 17 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 [FILED : ONONDAGA COUNTY CLERK RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 Sale Instructions ORDERED, ADJUDGED and DECREED that the above-described mortgaged premises, or such part thereof as may be suHicient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the Real Property Actions and Proceedings Law, be sold in one parcel or O at public auction on the Second Floor of the Cacndaiia County Courthouse, 401 Mc:'¡i;::ñery Street, Syracuse, New York in the public meeting area located outside the main catrarice of the Onondaga County Clerk's Office by and under the direction of the Referee who is appainted 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 [TheCourtWillInitialtheAppitcableProvisionBelow) p the Referee shall conduct the foreclosure sale within 90 days of entry of this Judgment of Foreclosure; O the Referee shall conduct the foreclosure sale on or before and it is further ORDERED, ADJUDGED and DECREED, that all persons attending the foreclosure sale must comply with the FiAh Judicial District Foreclosurg Sale Protcccis, ine!uding social distancing and PPE guidelirics. The Fifth Judicial District Foracleene Sale Prataccis 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 suouesaful bidder immediste|y execute Terms of Sale for the purchase of the premises and 53 of of 19 17 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 NYSCEF DOC. NO. 7 . RECEIVED NYSCEF: 06/03/2021 payto the Referee, in cash or certified or bank check, ten percent (10%) of thesumhid,unlessthe successful 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 successfùl bidder fails to execute the Terms of Sale immediately folicwing the bidding upon the subject premises or fails to L==adietely 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 lacaticñ 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 stipu!etal to by all parties. The Referee shall transfer title only tothe successful bidder at the euction. 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 adjcu:ñmcñt 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 pursuant to this Judgement of Foreclosure and Sale in the Referee's IOLA account; and it is further 46 ofof 17 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965 /2017 RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 Payments from Funds ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of such safe shall cause to be paid p=ptly therefrom: MRST: The statutory fees and comMssions 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 disecedneed, pursuant to CPLR §8003(a) the plaintiff shall pay to the Referee the sum of $350.00 for each adjou=ent or cancellation, and for any disc=S::-.:oe. Such compensation may be recouped from the pmceeds of sale as a cost to plaintiff. This Judgement of Foreclosure and Sale constitutes the necessary prior âüthorization for companstion as set forth herein. No. compemation totaling in excess of $750.00, Lacluding compamation authorized pursuant to CPLR §8003(a) for compssdes of the sum due to plaintiff, may be accepted by the Referee without Court approval and compliance with the provisions of 22 NYCRR §36.4. SECON.D: The reasonable expenses of the sale, h^bªng 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 re-m!ble for the payment of penalties or fees 5 pun=t to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed. THIRD: Pursuant to RPAPL §1354 in ±cccience with their priority according to law, all taxes, asseesmaa*s, sewer rents, water rates and any other charges placed upon the premises by any musicipal authorities having priority over the forecloscd mortgage and which are liens on the pmmises at the time of sale, with such interest or penalties that lawfully may have accrued thereon to the date of payment. 7 of 17 5 of 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 [FILED : ONONDAGA COUNTY CLERK 06/03/ 20 21 03 : 3 6 PM RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 FOURTH: as limited herein, to the plaintiff or its attomeys (a) [to be inserted by the Clerk) the sum of $ A4'l for costs and disburseman's 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, togcthct with interest thereon pursuant to the terms of the Note from December 31, 2017, the date to which interest was calculated in the Report of the Referee thro::gh the date of entry of this Judgment of Ferec!osure and Sale, and thereafter at the statutory post- 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 $ 2 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 Mongaga that plaintiff may have made for taxes and i:±m±ece, and amounts due to prior mortgagors, upon presen+±ier to the Referee of receipts for these expenditures; (c) the amount of any advances provided for in the Note and Mortgage that plaintiffrearnably may have made to mesda the premises pending const:mmation of the foreclosure sale upon presentation to the Referee of receipts for these expenditures. Note't.:'r_±g sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may recover interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and plaintiff may recover up to a maxim".= of only $250.00 for any m±tenance or premise preservation expenses after the date of this Jadgment of Foreclosuke; and it is further 86 of of 19 17 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 [FILED : ONONDAGA COUNTY CLERK 0 6/03/2021 03 : 3 6 PH NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/03/2021 Report of Sale ORDERED, ADJUDGED and DECREED that the Referee shall timely file the Referee's Report of Sale and plaintiff shall timely move to confirm the Referee's Report of Sale pursuant to RPAPL §l355; and it is further Plaintiff as Purchaser ORDERED, ADJUDGED and DECREED that in the event plaintiff purchases the mortgaged promises 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 pamises sold "FIRST," upon payment to the Referee of the sum awarded under the above provisicña marked "SECOND," "THIRD," and if such expenses were paid by the Referee, or in lieu of the payment of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal authorities slicwiñg paymcat thereof. The balance ofthe amount bid, after deducting therefrom the afarcmcationed payments to the Referee shall be allowed to the plaintiffand applied by the Referee "FOURTH." upon the amount- due to the plaintiff as specified in item marked If upon applying the balâñce of the amount bid, there is a surplus over and above the amounts due to p!dsti", then upon delivery to plaintiff of the Referee's deed, plaintiff shall pay to the Referee the amount of such surplus, which amount shall be applied by the Referee, upon motion made intsüant to RPAPL §l351(3), and proof sesfectory to the Referee of the sums due themon, to any eeberdinate 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 m±=i:;; 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 mastgaged premises as identined by plaintiff at the time of the sale; and it is further 79 of of 17 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965 /2 017 ONONDAGA COUNTY CLERK 0 6(03 |FILED : 06/03/2021 RECEIVED NYSCEF: NYSCEF DOC. NO. 7 Surplus Montes ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the Referee's Report of Sale plaintiff's receipt(s) for the emounts paid as directed in item marked "FOURTH," and the Refem 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 application for additional compensation, to be withdrawn only upon order of this Court; and the Referee shall make the Referee's Report of Sale under oath showing the dispasition 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 compicting the sale and executing the proper convcyance to the purchaser or within thirty (30) days of a decisiòñ of this Court with respect to any applicetien for edditional compensation; and it is further Foreclosure Action Surplus Monies Form ORDERED, ADJUDGED and DECREED that the Referee shall completc the Foreclosure Action Surplus Monies Form and file it in the onandaga County Clerk's Office and deliver a copy to the Court within thirty (30) days of the foreclosure sale; and it is further Deficiency Judgment Application ORDERED, ADJUDGED and DECREED that if the peceeds ofthe sale are insufficient to pay the amount reported by the Referee as due to pkistiE, the plaintiff may apply to the Court to recover the whole or such part of the deficicacy 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 premisaa on productiõn of the Iteferee's deed; and it is further 10 of 17 8 of 19 FILED: ONONDAGA COUNTY CLERK 07/30/2021 10:12 AM INDEX NO. 005965/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/30/2021 INDEX NO. 005965/2017 ONONDAGA COUNTY CLERK 06(03(202 |FILED : RECEIVED NYSCEF: 06/03/2021 NYSCEF DOC. NO. 7 Claims Barred ORDERED, ADJUDGED and DECREED that the Defendants in this action, and all persons chiming 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 =des;±: in the inortgaged premises and each and every part thereof; and it is further Conditions of Sale is" ORDERED, ADJUDGED and DECREED that the premises be sold in "as physical order and cêñëtion on the day ofsale, subject to any state of facts that an in=peedee of the premises would disclose, any state of facts that an accurate survey of the premises would show, any covenants, restrictions, declarations, reservations, easamets, right of way and public utility agreements of record, any building and zoning ordinances of the municipality in which the mortgaged premises