Preview
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------x
IndyMac Bank F.S.B.,
Plaintiff,
NOTICE OF ENTRY
-against-
Index No.: 08-03804
Leonard Kabat, Timothy Allen, Peter Allen, Diane Allen,
Anchor Savings Bank, FSB, New York State Department of
Taxation and Finance, Brookhaven Memorial Hospital, S &
N Management Co., Donna L. Schmieder, Walter Cordiner,
State of New York on behalf of University Hospital OP,
Suffolk County Department of Social Services,,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that the within is a true copy of a Judgment of Foreclosure and
Sale, duly entered in the office of the clerk of the within named Court on September 10, 2008 .
Dated: November 12, 2008
Very truly yours,
B : Jennifer rennan, Esq.
Frenkel, Lambert, Weiss,
Neisnian & ordon, LLP
20 West Main Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 26806
To:
Marjorie Zuckerman, Esq.
Appointed Referee
134 4th Avenue gy½\BE
Bay Shore, NY 11706
Peter Allen,
34 Wintergreen Drive,
Coram, NY 11727
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
D anc Allen
34 Wintergreen Drive,
Coram, NY 11727
Leonard Kabat
34 Wintergreen Drive,
Coram, NY 11727
Timothy Allen
67 Pentmoor Drive
Mastic, NY 11950-1605
Leonard Kabat
17 Windover La,
Coram, NY 11727
LAW OFFICE OF HARVEY M. GOLDSTEIN
Attorney for Leonard Kabat
1719 NORTH OCEAN AVENUE- SUITE A
MEDFORD , NY 11763
Kirshenbaum and Phillips, P.C
Attorney for Anchor Savings Bank, FSB
3000 Hempstead Turnpike, 4th Floor
Levittown , NY 11756
Christine Malifi, ESQ.
Attorney for Suffolk County Department of 5 ocial Services
John P. Cohalan Court Complex, 5th Floor
400 Carleton Avenue
Central Islip , NY 11722
Attn: John E. Holownia
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
At an IAS Termpf the Supreme Court
of the County of Suffolk thereof at
Suffolk County Supreme Court 235
Griffing Avenue erhead, NY
11901, on the day
of SEPT6 M BCR , 2008,
P R E S E N T :
HON: Denise F. Molia, J.S.C.
-----X Index No.; 08-03804
IndyMac Bank F.S.B,,
JUDGMENT OF
Plaintiff, F ORECLOSURE
AND SALE
-against- .
Leonard Kabat, Timothy Allen, Peter Allen, Diane Allen
Anchor Savings Bank, FSB, New York State Department of
Mo 3/OSC
Taxation and Finance, Brookhaven Memorial Hospital, S &
N Management Co., Donna L. Schmieder, Walter Cordiner, hdhA.Pade
State of New York on behalf of University Hospital OP, Suffolk Conor Cle&
Suffolk County Department of Social Services,, ENTERED: 5 P 10 2008
AT: 58 pro
/p
Defendants.
Plaintift IndyMac Bank F.S.B., having moved this Court for an Order confirming the report !
of the referee and for a Judgment of Foreclosure and Sale and the said Motion having regularly
come on to be heard on o1s6 and no appearance having been required or made by the
Aug.f
attorneys for the parties herein and upon submission and due deliberation having been had thereon
UPON reading and filing the Summons, Complaint and Notice of Pendency duly filed in the
E
Clerk's Office on January 29, 2008, the affirmation of sun J. Torres, Esq. dated July.
SuffolleCounty
10, 2008, the Order of Reference granted April 21, 2008, and upon all of the prior papers and
proceedings had herein, from which it appears that this is an action to foreclose a mortgage on real
situated at 34 Wintergreen NY of Suffolk, and that all of the
property Drive, Coram, 11727, County
1
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
edMith the Summons and Com151aint in a8tie?or olun
Îpherein, and that the time of all defendants to answer, appear or move with respect to the
Complaint has expired and that none of the defendants appeared, answered or moved with respect
tothe Complaint, exceptthe defendant,, Anchor Savings Bank, FSB, who appeared in this action and
waivednotice ofthis application and the defendants, Leonard Kabatand Suffolk County Department
of Social Services, who appeared in this action and requested notice of this application, and that all
the remaining defendants are in default; and that none of the defendants are infants, incompetents
or absentees; .
AND upon reading and filing the report of Marjorie Zuckerman, Esq. dated July 1, 2008,
from which report it appears that the sum of $309,11L07 was due to the plaintiff. as of June 2, 2008,
plus interest and other expensed incurred thereafter, and that the mortgaged premises should be sold
in one parcel;
NOW, on Motion of Eschen, Frenkel, Weisman & Gordon, LLP, attorneys for the plaintiff,
it is
ORDERED, ADJUDGED AND DECREED, that the report of Marjorie Zuckerman, Esq.,
be, and the same hereby is, in all respects, ratified and confirmed; and it is further
ORDERED, ADJUDGE ANDDECREED, thatthe plaintiffis hereby awarded Judgment
herein for the sum of $309,111.07, together with advances from the date specified in said report,
together with interest at the rate set forth in the note and mortgage from the date specified in the
.referees report to entry of judgment, together with legal interest fróm the date of entry hereof, plus
the sinn of $301G as taxed by the Clerk of the Court and hereby adjudged to the plaintiff for
costs and disbursements of this action, with interest thereon from the date of entry hereof, together
. 'th an additional allowance of $ Soo.Go hereby awarded to plaintiff in addition to costs and
2
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
. on from the date of entry hertof; and it is further
attorneys'
ADJUDGED AND DECREED, thatplaintiff is hereby awarded fees
t of $ 650.Co ; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged premises described in the
Complaint and as hereinafter set forth, and if not sold sooner, any and all personal property in which
the plaintiff has a security interest, be sold in one parcel at public auction at
Mil FNMNGMuR NY M38. in the of Suffolk, State of
County
New York, by and under the direction of Marjorie Zuckerman, Esq., who is hereby appointed referee
for that purpose; that the said referee give public notice of the time and place of such sale according
to law and the practices of this:Court, by publishing same in
B800 RM AVEN REV (EVl ; and it is further
-JSC ORDERED, AD JUDGED AND that the Referee at the time of sale may accept
DECREED,
a written bid from the plaintiff's attorneys, just as though the Plaintiff were physically present to
submit said bid; and it is further
ORDERED, ADJUDGED, AND DECREED, that the plaintiff or any other party that may
become the purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses,
and that in the event a party, other than the plaintiff, becomes the purchaser or purchasers at such
sale, the closing of title shall be had thirty days after such sale unless otherwise stipulated by all
parties to the sale, including plaintiff and that failure of the purchaser(s) to close within thirty days
may result in the forfeiture of any deposit tendered by purchaser(s), in lieu of a closing, and that
plaintiff reserves the rightto sell to the next highest bidder at said sale; that any purchaser, other than
plaintiff, shall interest on the purchase price from the date of sale to the date of delivery of the
pay
3
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
deed; that in case the plaintiff shall become the purchaser at the said sale, it shall not be required
to make any deposit thereon; that plaintiff reserves the right to postpone the sale and re-advertise the
sale in accordance with RPAPL §231; that said referee execute to the purchaser or purchasers on
such sale a deed to the premises sold at which time the referee shall forthwith pay the taxes,
assessments, water and sewer charges which are or may become liens on the premises at the time of
sale with such interest or penalties wEich may have lawfully accrued thereon to the date of payment,
or said referee may allow the same to the purchaser at the time of delivery of deed upon production
to said referee of proper vouchers showing the payment thereof and redeem the property sold from
any sales for unpaid taxes, assessments or water rates, which have not apparently become absolute,
and that the referee then deposit the balance of said proceeds of sale in this own name as referee in
SOFFolK (bu`TY NAT(oNAL BAM ¥r kdac
nd shall thereafter make the following payments
C
and his checks drawn for that purpose shall be paid by the said depository:
FIRST: The statutory fee of the referee in the amount of $500.00;
SECOND: The expenses of the sale including posting and advertising as shown on bills
presented to and certified by the Referee to be correct, duplicate copies of which shall be filed with
this ·
Court;
THIRD: the sum of $309,111.07 , the amount reported due to the plaintiff as of June 2, 2008,
plus all other expenses necessarily paid by the plaintiff, to preserve the premises, riot previously
included in any computations, together with interest thereon at the rate specified in the note and
mortgã!e from the date specified in the referee's report up to and including the date of entry of this
Od Î ~
judgment and interest at the legal rate thereafter; together with the sum of $ adjudged
to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of the Court with
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
sessof; together with an additional allowance of $300>o0 heretsy
d d to the plaintiff in addition to the costs with interest thereon from the date hereof;
FOURTH: to the law firm of Escherr, Frenkel, Weisman & Gordon, LLP, the sum of $e.
8 (o50,d0 attorneys'
awarded herein as reasonable fees;
FIFTH: surplus monies, if any, with the Suffolk County Treasurer within five (5) days after
receipt of said proceeds to be withdrawn only on the order of this Coutt; and it is further
ORDERED, ADJUD GED AND DECREED, that the referee shall pay to plaintiff a sum
equal to the aggregate of all other amounts which the plaintiff has paid or may hereafter be required
to pay to protect the mortgage or preserve the premises in accordance with the provisions of the
mortgage, and the same so paid shall be added to the sum otherwise due to the plaintiff pursuant to
the plaintiff's claims herein and be deemed secured by said note and mortgage as therein provided
and adjudged a valid lien on the premises; and it is further
ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser of
said inortgaged premises at said sale or, in the event that the rights of the purchaser at said sale and
the terms of sale under this judgment shall be assigned to and be acquired by the plaintiff, and a valid
assignment thereof filed with said referee, the plairitiff shall not be required to pay in cash the entire
Amount bid at said sale, but shall execute and deliver to the plaintiff a deed of the premises sold at
which-time the referee shall forthwith pay thereon, in accordance with their priority according to law,
the taxes, assessments or water rates which are or may become liens on the premises at the time of
sale, with such interest or penalties which may have lawfully accrued thereon, to the date of payment
deposit or in lieu of the payment of said last mentioned amounts, upon the filirig with said referee
5
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
authorities showing the payment thereof; that the Bal
bid, after deducting the aforesaid amounts, shall be allowed to the plaintiff; that if after so
applying the balance of the Amount bid, there shall be a surplus over and above said amounts due
to the plaintiff, the plaintiff shall pay to said referee, upon delivery of said referee's deed, the amount
of such surplus which shall be deposited by said referee with Suffolk County TreasurÓthin fiv
days after the same.shall be received; and it is further
ORDERED, ADJUDGED AND DECREED, that the referee make a report of such sale
under oath showing the disposition of the proceeds ofthe sale and file it withthe Clerk of the Co ty
of Suffolk within thir days after completing the sale and executing the proper conveyance to the
purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due the
plaintiff with interest and costs as aforesaid, the referee shall specify the amount of such deficiency
in the report of sale and that the defendant, Timothy Allen, shall pay the same to the plaintiff
provided a motion for a deficiency judgment shall be made iri accordance with Section 1371 of the
Real Property Actions and Proceeding.Law; and it is further
ORDERED, ADJUDGED AND DECREED; that the purchaser or purchasers at such sale
be let into possession on production of the referee's Deed; and it is further
ORDERED, ADJUDGED AND DECREED, that excluding the United States of America
who may retain a right of redemption up to 120 days after the foreclosure auction, each and all of
the defendants in this action and all persons claiming under them or any or either of them, after the
filing of such notice of pendency of this action, be and are hereby forever barred and foreclosed of
all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each
6
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022
it is further
RDERED, ADJUDGED AND DECREED, that the liens of the plaintiff other than the
Mortgage or mortgages that are the subject matter of this action also be foreclosed herein as though
the plaintiff was named as a party defendant, specifically reserving to the plaintiff its right to share
in arly surplus monies as a result of such position as a lien creditor; and it is further
ORDERED, ADJUDGED AND DECREED, that said premises be sold in one parcel in
is"
"as physical condition, subject to any covenants, easements, encroachments, reservations and
restrictions, violations and agreements ofrecord, zoning regulations and ordinances ofthe city, town,
or village wherein the premises are located, any stite of facts an accurate survey would show, any
state of facts a physical inspection will disclose, rights of tenants and other persons in possession of
the mortgaged premises, prior judgments, liens and mortgages of record, any and all rights of the
United States of America to redeem the subject premises, the Terms of Sale and purchaser assumes
all risk of loss or damage to the premises from the date of the foreclosure sale until the date of
closing and thereafter
That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto
as Schedule A-Legal Description, E N T E R :
LS.C.
3306
r#eree certlGea that he/slie6 b
thla spp01qtmenHhe
by G)pt|ng Fort 3
CMIM Judge (22 NYQRR
Nft St CHhe 11ules of the
seden B2 apMcMe tonmwƒq
S
Preview
FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------x IndyMac Bank F.S.B., Plaintiff, NOTICE OF ENTRY -against- Index No.: 08-03804 Leonard Kabat, Timothy Allen, Peter Allen, Diane Allen, Anchor Savings Bank, FSB, New York State Department of Taxation and Finance, Brookhaven Memorial Hospital, S & N Management Co., Donna L. Schmieder, Walter Cordiner, State of New York on behalf of University Hospital OP, Suffolk County Department of Social Services,, Defendants. X SIRS: PLEASE TAKE NOTICE that the within is a true copy of a Judgment of Foreclosure and Sale, duly entered in the office of the clerk of the within named Court on September 10, 2008 . Dated: November 12, 2008 Very truly yours, B : Jennifer rennan, Esq. Frenkel, Lambert, Weiss, Neisnian & ordon, LLP 20 West Main Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 26806 To: Marjorie Zuckerman, Esq. Appointed Referee 134 4th Avenue gy½\BE Bay Shore, NY 11706 Peter Allen, 34 Wintergreen Drive, Coram, NY 11727 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 D anc Allen 34 Wintergreen Drive, Coram, NY 11727 Leonard Kabat 34 Wintergreen Drive, Coram, NY 11727 Timothy Allen 67 Pentmoor Drive Mastic, NY 11950-1605 Leonard Kabat 17 Windover La, Coram, NY 11727 LAW OFFICE OF HARVEY M. GOLDSTEIN Attorney for Leonard Kabat 1719 NORTH OCEAN AVENUE- SUITE A MEDFORD , NY 11763 Kirshenbaum and Phillips, P.C Attorney for Anchor Savings Bank, FSB 3000 Hempstead Turnpike, 4th Floor Levittown , NY 11756 Christine Malifi, ESQ. Attorney for Suffolk County Department of 5 ocial Services John P. Cohalan Court Complex, 5th Floor 400 Carleton Avenue Central Islip , NY 11722 Attn: John E. Holownia FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 At an IAS Termpf the Supreme Court of the County of Suffolk thereof at Suffolk County Supreme Court 235 Griffing Avenue erhead, NY 11901, on the day of SEPT6 M BCR , 2008, P R E S E N T : HON: Denise F. Molia, J.S.C. -----X Index No.; 08-03804 IndyMac Bank F.S.B,, JUDGMENT OF Plaintiff, F ORECLOSURE AND SALE -against- . Leonard Kabat, Timothy Allen, Peter Allen, Diane Allen Anchor Savings Bank, FSB, New York State Department of Mo 3/OSC Taxation and Finance, Brookhaven Memorial Hospital, S & N Management Co., Donna L. Schmieder, Walter Cordiner, hdhA.Pade State of New York on behalf of University Hospital OP, Suffolk Conor Cle& Suffolk County Department of Social Services,, ENTERED: 5 P 10 2008 AT: 58 pro /p Defendants. Plaintift IndyMac Bank F.S.B., having moved this Court for an Order confirming the report ! of the referee and for a Judgment of Foreclosure and Sale and the said Motion having regularly come on to be heard on o1s6 and no appearance having been required or made by the Aug.f attorneys for the parties herein and upon submission and due deliberation having been had thereon UPON reading and filing the Summons, Complaint and Notice of Pendency duly filed in the E Clerk's Office on January 29, 2008, the affirmation of sun J. Torres, Esq. dated July. SuffolleCounty 10, 2008, the Order of Reference granted April 21, 2008, and upon all of the prior papers and proceedings had herein, from which it appears that this is an action to foreclose a mortgage on real situated at 34 Wintergreen NY of Suffolk, and that all of the property Drive, Coram, 11727, County 1 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 edMith the Summons and Com151aint in a8tie?or olun Îpherein, and that the time of all defendants to answer, appear or move with respect to the Complaint has expired and that none of the defendants appeared, answered or moved with respect tothe Complaint, exceptthe defendant,, Anchor Savings Bank, FSB, who appeared in this action and waivednotice ofthis application and the defendants, Leonard Kabatand Suffolk County Department of Social Services, who appeared in this action and requested notice of this application, and that all the remaining defendants are in default; and that none of the defendants are infants, incompetents or absentees; . AND upon reading and filing the report of Marjorie Zuckerman, Esq. dated July 1, 2008, from which report it appears that the sum of $309,11L07 was due to the plaintiff. as of June 2, 2008, plus interest and other expensed incurred thereafter, and that the mortgaged premises should be sold in one parcel; NOW, on Motion of Eschen, Frenkel, Weisman & Gordon, LLP, attorneys for the plaintiff, it is ORDERED, ADJUDGED AND DECREED, that the report of Marjorie Zuckerman, Esq., be, and the same hereby is, in all respects, ratified and confirmed; and it is further ORDERED, ADJUDGE ANDDECREED, thatthe plaintiffis hereby awarded Judgment herein for the sum of $309,111.07, together with advances from the date specified in said report, together with interest at the rate set forth in the note and mortgage from the date specified in the .referees report to entry of judgment, together with legal interest fróm the date of entry hereof, plus the sinn of $301G as taxed by the Clerk of the Court and hereby adjudged to the plaintiff for costs and disbursements of this action, with interest thereon from the date of entry hereof, together . 'th an additional allowance of $ Soo.Go hereby awarded to plaintiff in addition to costs and 2 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 . on from the date of entry hertof; and it is further attorneys' ADJUDGED AND DECREED, thatplaintiff is hereby awarded fees t of $ 650.Co ; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged premises described in the Complaint and as hereinafter set forth, and if not sold sooner, any and all personal property in which the plaintiff has a security interest, be sold in one parcel at public auction at Mil FNMNGMuR NY M38. in the of Suffolk, State of County New York, by and under the direction of Marjorie Zuckerman, Esq., who is hereby appointed referee for that purpose; that the said referee give public notice of the time and place of such sale according to law and the practices of this:Court, by publishing same in B800 RM AVEN REV (EVl ; and it is further -JSC ORDERED, AD JUDGED AND that the Referee at the time of sale may accept DECREED, a written bid from the plaintiff's attorneys, just as though the Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED, AND DECREED, that the plaintiff or any other party that may become the purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, and that in the event a party, other than the plaintiff, becomes the purchaser or purchasers at such sale, the closing of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale, including plaintiff and that failure of the purchaser(s) to close within thirty days may result in the forfeiture of any deposit tendered by purchaser(s), in lieu of a closing, and that plaintiff reserves the rightto sell to the next highest bidder at said sale; that any purchaser, other than plaintiff, shall interest on the purchase price from the date of sale to the date of delivery of the pay 3 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 deed; that in case the plaintiff shall become the purchaser at the said sale, it shall not be required to make any deposit thereon; that plaintiff reserves the right to postpone the sale and re-advertise the sale in accordance with RPAPL §231; that said referee execute to the purchaser or purchasers on such sale a deed to the premises sold at which time the referee shall forthwith pay the taxes, assessments, water and sewer charges which are or may become liens on the premises at the time of sale with such interest or penalties wEich may have lawfully accrued thereon to the date of payment, or said referee may allow the same to the purchaser at the time of delivery of deed upon production to said referee of proper vouchers showing the payment thereof and redeem the property sold from any sales for unpaid taxes, assessments or water rates, which have not apparently become absolute, and that the referee then deposit the balance of said proceeds of sale in this own name as referee in SOFFolK (bu`TY NAT(oNAL BAM ¥r kdac nd shall thereafter make the following payments C and his checks drawn for that purpose shall be paid by the said depository: FIRST: The statutory fee of the referee in the amount of $500.00; SECOND: The expenses of the sale including posting and advertising as shown on bills presented to and certified by the Referee to be correct, duplicate copies of which shall be filed with this · Court; THIRD: the sum of $309,111.07 , the amount reported due to the plaintiff as of June 2, 2008, plus all other expenses necessarily paid by the plaintiff, to preserve the premises, riot previously included in any computations, together with interest thereon at the rate specified in the note and mortgã!e from the date specified in the referee's report up to and including the date of entry of this Od Î ~ judgment and interest at the legal rate thereafter; together with the sum of $ adjudged to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of the Court with FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 sessof; together with an additional allowance of $300>o0 heretsy d d to the plaintiff in addition to the costs with interest thereon from the date hereof; FOURTH: to the law firm of Escherr, Frenkel, Weisman & Gordon, LLP, the sum of $e. 8 (o50,d0 attorneys' awarded herein as reasonable fees; FIFTH: surplus monies, if any, with the Suffolk County Treasurer within five (5) days after receipt of said proceeds to be withdrawn only on the order of this Coutt; and it is further ORDERED, ADJUD GED AND DECREED, that the referee shall pay to plaintiff a sum equal to the aggregate of all other amounts which the plaintiff has paid or may hereafter be required to pay to protect the mortgage or preserve the premises in accordance with the provisions of the mortgage, and the same so paid shall be added to the sum otherwise due to the plaintiff pursuant to the plaintiff's claims herein and be deemed secured by said note and mortgage as therein provided and adjudged a valid lien on the premises; and it is further ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser of said inortgaged premises at said sale or, in the event that the rights of the purchaser at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the plaintiff, and a valid assignment thereof filed with said referee, the plairitiff shall not be required to pay in cash the entire Amount bid at said sale, but shall execute and deliver to the plaintiff a deed of the premises sold at which-time the referee shall forthwith pay thereon, in accordance with their priority according to law, the taxes, assessments or water rates which are or may become liens on the premises at the time of sale, with such interest or penalties which may have lawfully accrued thereon, to the date of payment deposit or in lieu of the payment of said last mentioned amounts, upon the filirig with said referee 5 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 authorities showing the payment thereof; that the Bal bid, after deducting the aforesaid amounts, shall be allowed to the plaintiff; that if after so applying the balance of the Amount bid, there shall be a surplus over and above said amounts due to the plaintiff, the plaintiff shall pay to said referee, upon delivery of said referee's deed, the amount of such surplus which shall be deposited by said referee with Suffolk County TreasurÓthin fiv days after the same.shall be received; and it is further ORDERED, ADJUDGED AND DECREED, that the referee make a report of such sale under oath showing the disposition of the proceeds ofthe sale and file it withthe Clerk of the Co ty of Suffolk within thir days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due the plaintiff with interest and costs as aforesaid, the referee shall specify the amount of such deficiency in the report of sale and that the defendant, Timothy Allen, shall pay the same to the plaintiff provided a motion for a deficiency judgment shall be made iri accordance with Section 1371 of the Real Property Actions and Proceeding.Law; and it is further ORDERED, ADJUDGED AND DECREED; that the purchaser or purchasers at such sale be let into possession on production of the referee's Deed; and it is further ORDERED, ADJUDGED AND DECREED, that excluding the United States of America who may retain a right of redemption up to 120 days after the foreclosure auction, each and all of the defendants in this action and all persons claiming under them or any or either of them, after the filing of such notice of pendency of this action, be and are hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each 6 FILED: SUFFOLK COUNTY CLERK 04/06/2022 12:42 PM INDEX NO. 003804/2008 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/06/2022 it is further RDERED, ADJUDGED AND DECREED, that the liens of the plaintiff other than the Mortgage or mortgages that are the subject matter of this action also be foreclosed herein as though the plaintiff was named as a party defendant, specifically reserving to the plaintiff its right to share in arly surplus monies as a result of such position as a lien creditor; and it is further ORDERED, ADJUDGED AND DECREED, that said premises be sold in one parcel in is" "as physical condition, subject to any covenants, easements, encroachments, reservations and restrictions, violations and agreements ofrecord, zoning regulations and ordinances ofthe city, town, or village wherein the premises are located, any stite of facts an accurate survey would show, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record, any and all rights of the United States of America to redeem the subject premises, the Terms of Sale and purchaser assumes all risk of loss or damage to the premises from the date of the foreclosure sale until the date of closing and thereafter That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule A-Legal Description, E N T E R : LS.C. 3306 r#eree certlGea that he/slie6 b thla spp01qtmenHhe by G)pt|ng Fort 3 CMIM Judge (22 NYQRR Nft St CHhe 11ules of the seden B2 apMcMe tonmwƒq S