Preview
INDEX NO. 12013003275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3154658
Book Page CIVIL
Return To: No. Pages: 10
ROXANNE L. JONES
53 Gibson Street Instrument: EXHIBIT(S)
Bay Shore, NY 11706
Control #: 202208020818
Index #: 12013003275
Date: 08/02/2022
M&T BANK Time: 1:08:46 PM
CAMPBELL, TIFFANY M
CITY OF ROCHESTER
MIDLAND CREDIT MANAGEMENT, INC
BENEFICIAL NEW YORK, INC
JOHN DOE | THROUGH JOHN DOE 10
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MANNA
7 PK DM INDESEXNE: 1201003273 275
“D NRO OUN JS 106
NYSCEF BOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
EXHIBITC
pp20 ONROE COUN NK 08 08 DM INDBeNG: 12073003288 275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
Atan Term of the Supreme Court
of the County of Monroeat Monroe
County Supreme Court, 545 Hall of
Justice, 99 Exchange Blvd.,
Rochester, New York 14614, on the _
2H dayof_ June, 2,
PRESENT:
HON: Ann Taddeo_ on
oy
JS.C. = a
_ -
san neennsnannennnnmenanencnnanenesnnnneneenserensnnnannennmenncnnnnne Index No.: 3275013 nN
M&T Bank, %
7.
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= => vt
“~
JUDGMENT OF c-
Plaintiff, FORECLOSURE ‘-
~against- AND SALE
Tiffany M. Campbell, City of Rochester, Midland Credit
Management Inc., Beneficial New York, Inc.,
Defendants.
aeeneneaneeeeneereereereresesneesennannensensansnanancssntansennenneX
Plaintiff, M&T Bank, having moved this Coun for an Order confirming the report of the
referee and for a Judgment of Foreclosure and Sale and the said Motion having regularly come
onto be heard on Svea 25 1 Wwf and no appearance having been required or made by
the attorneys for the parties herein and upon submission and due deliberation having been had
thereon.
NOW, upon reading and filing the Summons, Complaint and Notice of Pendency duly
filed in the Monroe County Clerk’s Office on March 21, 2013, the Affirmation of Stephen
Wallace, dated March 10, 2015, the Order of Reference dated July 1, 2014 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 property situated at 270 Terrace Park, Rochester, NY 14619, County of
Monroe and that all of the defendants herein were duly served with the Summons and Complaint
vv. Coyagred
Reteus. (Da Ete 4
0] OUN NK JS DM INDBeNG: 12073003288 275
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/02/2022
2
in this action or voluntarily appeared herein 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 answered,
appeared or moved with respect to the Complaint, except the defendant, City of Rochester, who
appeared in this action and waived notice of this application and that al] the remaining
defendants are in default; that none of the defendants are infants, incompetents or absentees.
AND upon reading and filing the report of Peter J. Pullano, Esq., dated December 3, 2014
from which report it appears that the sum of $65,570.64 was due to the plaintiff as of September
28, 2014, plus interest and other expenses incurred thereafter, and that the mortgaged premises
should be sold in one parcel;
NOW, on Motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for
the plaintiff, it is
ORDERED, ADJUDGED AND DECREED, that the report of Peter J. Pullano, Esq.,
be, and the same hereby is, in all respects, ratified and confirmed? and it is further
ORDERED, ADJUDGED AND DECREED, that the plaintiff is hereby awarded
judgment herein for the sum of $65,570.64 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 referee's report to entry of judgment, together with legal interest from the date of entry
bereof, plus the sum of $. DOE 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 with an additional allowance of s_ hereby awarded to plaintiff in
addition to costs and disbursements, with interest thereon from the date of entry hereof and it is
further
ORDERED, ADJUDGED AND DECREED, that Plaintiff is hereby awarded attorneys’
pp20 ONROE—_COUN NK 08 08 DM INDBeNG: 12073003288 275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
fees in the amount of §, 240 0 “ 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 parce] at public auction at
Bo wr Man at Qo decres in the County of
Monroe, State of New York, by and under the direction of Peter J. Pullano, 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
Tne Daddy Qucordl ; and itis
further -
ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may
accept 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 right to sell to the next highest
bidder at said sale; that any purchaser, other than plaintiff, shall pay interest on the purchase price
from the date of sale to the date of delivery of the 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
vv. Conge \
WoUss IDF BeEBisi4
ONROE COUN NK JS 106 DM INDBeNG: 12073003288 275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
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,
which 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 any local
banking institution insured by the FDIC and shall thereafter make the following payments 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 $65,570.64, the amount reported due to the plaintiff as of September
28, 2014 plus all other expenses necessarily paid by the plaintiff, to preserve the premises, not
previously included in any computations, together with interest thereon at the rate specified in the
note and mortgage from the date specified in the referee's report up to and including the date of
entry of this judgment and interest at the legal rate thereafter; together with the sum of $. AE
__ adjudged to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of
the Court with interest thereon from the date hereof, t
$300.00 mn od with in
@
D G OUN NK JS 106 DM INDBeNG: 12073003288 275
NYSCEF OC. NO. 10 RECEIVED NYSCEF: 08/02/2022
é deteterenf;
FOURTH: to the law firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the
‘sum of $200 “~_ awarded herein as reasonable attorneys’ fees;
FIFTH: surplus monies, if any, with the Monroe County Cormmissioner of Finance
within five (5) days after receipt of said proceeds to be withdrawn only on the order of this Court;
and it is further
ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled
due to the issuance of a temporary restraining order by a Cowrt or the imposition of a federal
bankruptcy stay, no fee shall be paid to the Referee, without further Order of the Court; and it is
further
ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled for
any reason other than a temporary restraining order by a Court or the imposition of a federal
bankruptcy stay, the Referee shall be awarded a cancellation fee of $. 20— and it is
further
ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser
of said mortgaged 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 witb said referee, the plaintiff 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,
To. Gage
Keeess iv Beene INA
D G7 ITY NK JS DM INDBHeNG: 12073003288 275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
upon the filing with said’referee receiptsof the proper municipal authorities showing the payment
thereof; that the balance of the Amount 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 duc 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 Monroe County Commissioner of Finance within five 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 of the sale and file it with the Clerk of the
County of Monroe within thirty 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 shal] specify the
amount of such deficiency in the report of sale and that the defendant, Tiffany M. Campbell,
shall pay the same to the plaintiff provided a motion for a deficiency judgment shall be made in
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 Jet 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 al] 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 and every part thereof; and it is further
MONRO OUN NK JS DM INDBeNG: 12073003288 275
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022
‘
ORDERED, 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 any 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
“as is" physical condition, subject to any covenants, easements, encroachments, reservations and
restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village wherein the premises are located, any state 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.
ENTER:
6:25 (
JS.C
01-047965-FO1
Hon) AN
se
T. Caupiae\h
Reenss (D
I BINS
py20 OUN kK DIV INDBeNG: 12073003288
275
MONRO 08 08
NYSCEF OC. NO. 10 RECEIVED NYSCEF: 08/02/2022
Preview
INDEX NO. 12013003275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3154658 Book Page CIVIL Return To: No. Pages: 10 ROXANNE L. JONES 53 Gibson Street Instrument: EXHIBIT(S) Bay Shore, NY 11706 Control #: 202208020818 Index #: 12013003275 Date: 08/02/2022 M&T BANK Time: 1:08:46 PM CAMPBELL, TIFFANY M CITY OF ROCHESTER MIDLAND CREDIT MANAGEMENT, INC BENEFICIAL NEW YORK, INC JOHN DOE | THROUGH JOHN DOE 10 Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MANNA 7 PK DM INDESEXNE: 1201003273 275 “D NRO OUN JS 106 NYSCEF BOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 EXHIBITC pp20 ONROE COUN NK 08 08 DM INDBeNG: 12073003288 275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 Atan Term of the Supreme Court of the County of Monroeat Monroe County Supreme Court, 545 Hall of Justice, 99 Exchange Blvd., Rochester, New York 14614, on the _ 2H dayof_ June, 2, PRESENT: HON: Ann Taddeo_ on oy JS.C. = a _ - san neennsnannennnnmenanencnnanenesnnnneneenserensnnnannennmenncnnnnne Index No.: 3275013 nN M&T Bank, % 7. mw = => vt “~ JUDGMENT OF c- Plaintiff, FORECLOSURE ‘- ~against- AND SALE Tiffany M. Campbell, City of Rochester, Midland Credit Management Inc., Beneficial New York, Inc., Defendants. aeeneneaneeeeneereereereresesneesennannensensansnanancssntansennenneX Plaintiff, M&T Bank, having moved this Coun for an Order confirming the report of the referee and for a Judgment of Foreclosure and Sale and the said Motion having regularly come onto be heard on Svea 25 1 Wwf and no appearance having been required or made by the attorneys for the parties herein and upon submission and due deliberation having been had thereon. NOW, upon reading and filing the Summons, Complaint and Notice of Pendency duly filed in the Monroe County Clerk’s Office on March 21, 2013, the Affirmation of Stephen Wallace, dated March 10, 2015, the Order of Reference dated July 1, 2014 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 property situated at 270 Terrace Park, Rochester, NY 14619, County of Monroe and that all of the defendants herein were duly served with the Summons and Complaint vv. Coyagred Reteus. (Da Ete 4 0] OUN NK JS DM INDBeNG: 12073003288 275 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/02/2022 2 in this action or voluntarily appeared herein 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 answered, appeared or moved with respect to the Complaint, except the defendant, City of Rochester, who appeared in this action and waived notice of this application and that al] the remaining defendants are in default; that none of the defendants are infants, incompetents or absentees. AND upon reading and filing the report of Peter J. Pullano, Esq., dated December 3, 2014 from which report it appears that the sum of $65,570.64 was due to the plaintiff as of September 28, 2014, plus interest and other expenses incurred thereafter, and that the mortgaged premises should be sold in one parcel; NOW, on Motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the plaintiff, it is ORDERED, ADJUDGED AND DECREED, that the report of Peter J. Pullano, Esq., be, and the same hereby is, in all respects, ratified and confirmed? and it is further ORDERED, ADJUDGED AND DECREED, that the plaintiff is hereby awarded judgment herein for the sum of $65,570.64 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 referee's report to entry of judgment, together with legal interest from the date of entry bereof, plus the sum of $. DOE 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 with an additional allowance of s_ hereby awarded to plaintiff in addition to costs and disbursements, with interest thereon from the date of entry hereof and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff is hereby awarded attorneys’ pp20 ONROE—_COUN NK 08 08 DM INDBeNG: 12073003288 275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 fees in the amount of §, 240 0 “ 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 parce] at public auction at Bo wr Man at Qo decres in the County of Monroe, State of New York, by and under the direction of Peter J. Pullano, 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 Tne Daddy Qucordl ; and itis further - ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may accept 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 right to sell to the next highest bidder at said sale; that any purchaser, other than plaintiff, shall pay interest on the purchase price from the date of sale to the date of delivery of the 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 vv. Conge \ WoUss IDF BeEBisi4 ONROE COUN NK JS 106 DM INDBeNG: 12073003288 275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 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, which 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 any local banking institution insured by the FDIC and shall thereafter make the following payments 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 $65,570.64, the amount reported due to the plaintiff as of September 28, 2014 plus all other expenses necessarily paid by the plaintiff, to preserve the premises, not previously included in any computations, together with interest thereon at the rate specified in the note and mortgage from the date specified in the referee's report up to and including the date of entry of this judgment and interest at the legal rate thereafter; together with the sum of $. AE __ adjudged to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of the Court with interest thereon from the date hereof, t $300.00 mn od with in @ D G OUN NK JS 106 DM INDBeNG: 12073003288 275 NYSCEF OC. NO. 10 RECEIVED NYSCEF: 08/02/2022 é deteterenf; FOURTH: to the law firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the ‘sum of $200 “~_ awarded herein as reasonable attorneys’ fees; FIFTH: surplus monies, if any, with the Monroe County Cormmissioner of Finance within five (5) days after receipt of said proceeds to be withdrawn only on the order of this Court; and it is further ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled due to the issuance of a temporary restraining order by a Cowrt or the imposition of a federal bankruptcy stay, no fee shall be paid to the Referee, without further Order of the Court; and it is further ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled for any reason other than a temporary restraining order by a Court or the imposition of a federal bankruptcy stay, the Referee shall be awarded a cancellation fee of $. 20— and it is further ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser of said mortgaged 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 witb said referee, the plaintiff 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, To. Gage Keeess iv Beene INA D G7 ITY NK JS DM INDBHeNG: 12073003288 275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 upon the filing with said’referee receiptsof the proper municipal authorities showing the payment thereof; that the balance of the Amount 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 duc 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 Monroe County Commissioner of Finance within five 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 of the sale and file it with the Clerk of the County of Monroe within thirty 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 shal] specify the amount of such deficiency in the report of sale and that the defendant, Tiffany M. Campbell, shall pay the same to the plaintiff provided a motion for a deficiency judgment shall be made in 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 Jet 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 al] 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 and every part thereof; and it is further MONRO OUN NK JS DM INDBeNG: 12073003288 275 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/02/2022 ‘ ORDERED, 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 any 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 “as is" physical condition, subject to any covenants, easements, encroachments, reservations and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village wherein the premises are located, any state 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. ENTER: 6:25 ( JS.C 01-047965-FO1 Hon) AN se T. Caupiae\h Reenss (D I BINS py20 OUN kK DIV INDBeNG: 12073003288 275 MONRO 08 08 NYSCEF OC. NO. 10 RECEIVED NYSCEF: 08/02/2022