Preview
FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2023
SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
___________________________________________Ç
M&T BANK,
Plaintiff,
Index No. 602517/2022
-against-
AFFIDAVIT OF SERVICE
PATRICIA KLEBER; ET. AL,
Defendants.
__________________________________________Ç
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss.:
I, Shevanice Simpson, being duly sworn, depose and say; I am not a party to the action, am over
18 years of age and reside in Westchester, New York.
On pe , 2023 I served the within copy of Notice of Sale, Notice of Entry, and
Entered Final Judgment of Foreclosure and Sale, by depositing true copies thereof enclosed in a
postage-paid envelope, by first class mail in an official depository under the exclusive care and custody
of the U.S. Postal Service within the State of New York, addressed to the following persons at the last
known address set forth below:
Carol Brumby Patricia Kleber
232 Brookville Rd 232 Brookville Rd
Muttontown, NY 11545 Muttontown, NY 11545
Mark S. Ricciardi, Referee
25 Melville Park Road, Ste 233
Melville, NY 11747
PLEASE BE ADVISED THAT NO OTHER PARTIES H, I APPEARED, ANSWERED OR
OTHERWISE REQUESTED NOTICE OF THIS APPLI , TIpN.
S v nice mpson
knowledged before me this
of , 2023
day Q ne.
Notary Public
Vincent Sarube
Notary Public, State of New York 11
No. 01SA6155905
Qualified in Westchester County
Commission Expires 11/20/%("p
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NOTICE OF SALE
SUPREME COURT COUNTY OF NASSAU, M&T BANK, Plaintiff, vs. PATRICIA KLEBER, ET AL.,
Defendant(s).
Pursuant to an Order Confirming Referee's Report and Judgment of Foreclosure and Sale duly
entered on April 12, 2023, I, the undersigned Referee will sell at public auction on the front steps
on the north side of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY on
July 6, 2023 at 2:00 p.m., premises known as 232 Brookville Road, Oyster Bay Town, NY 11545
a/k/a 232 Brookville Road, Muttontown, NY 11545 a/k/a 232 Brookville Road, Glen Head, NY
11545. All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Incorporated Village of Muttontown, County of Nassau and
State of New York, Section 16, Block B and Lots 1605 and 1646. Approximate amount of judgment
is $601,528.09 plus interest and costs. Premises will be sold subject to provisions of filed Judgment
Index # 602517/2022. Cash will not be accepted. This foreclosure sale will be held on the north
side steps of the Courthouse, rain or shine. COVID-19 safety protocols will be followed at the
foreclosure sale. If proper social distancing cannot be maintained or there are other health or safety
concerns, the Court Appointed Referee will cancel the sale.
Mark S. Ricciardi, Esq., Referee
Knuckles, Komosinski & Manfro, LLP, 565 Taxter Road, Suite 590, Elmsford, NY 10523, Attorneys
for Plaintiff
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SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
________________________________________________________________Ç
M&T BANK,
Plaintiff,
Index No. 602517/2022
-against-
NOTICE OF ENTRY
PATRICIA KLEBER; ET. AL,
Defendants.
_______________________________________________________________Ç
PLEASE TAKE NOTICE
That the within is a true copy of a Judgment of Foreclosure and Sale entered in the office of the
clerk of the within named Court on April 12, 2023.
Dated: Elmsford, NY
May 30, 2023
Knuckles, Komosinski & nfro, LLP
By.
Mark R. Knuckles, Es 1.
Attorneys for Plaintiff
565 Taxter Road
Suite 590
Elmsford, NY 10523
(914) 345-3020
9
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|FILED:DOC. NO. 58
NASSAU COUNTY CLERK
RECEIVED NYSCEF: 06/02/2023
04/12/2023 09:00 AM|
INDEX NO. 602517/2022
NYSCEF DOC . NO. 56 Nassau County RECEIVED NYSCEF: 04/13/2023
Maureen OConnell
County Clerk
61 202300046322
Ref ID#: EC 22 602517 Instrument Number: 2023- 00046322
As
J65-ELECTJUDGMENTFORECLO& SALE
Recorded On: April 12, 2023
Parties: M&T BANK
TO CAROL BRUMBY Num Of Pages: 14
Recorded By: KNUCKLES Comment:
** **
Examined and Charged as Follows:
J65 - ELECT JUDGMENT FORECL 0.00
Recording Charge: 0.00
** **
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY
File Information: Record and Return To:
Document Number: 2023- 00046322
Receipt Number: 2844110
Recorded Date/Time: April 12, 2023 11:06:23A
Book-Vol/Pg: Bk-K VI-826 Pg-99
Cashier / Station: 0 BMP / NCCL-3KYSH03
County Clerk IWlaureen O'Connell
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At Part of the Supreme Court held in the
County ofNassau, at the Courthouse located at 100
HON, DMID P. SULUVAi Supreme Court Drive, Mine la, NY 11501, on the
.S.C. day of / ., 202
PRESENT: Hon.
JUSTICE OF THE SUPREME COURT
_________________--...__________________________ __Ç
M&T BANK, Index No. 602517/2022
Plaintiff,
-against- ORDER CONFIRMING REFEREE'S
REPORTAND JUDGMENT OF
FORECLOSURE AND SALE
PATRICIA KLEBER; CAROL BRUMBY,
MORTGAGED PROPERTY:
Defendants- 232 BROOKVILLE RD
OYSTER BAY TOWN, NY 11545
SBL //: 16-B-1605 and 1646
Servicer: M&T Bank
1-800-724-2400
____________________________________________________________Ç
(JPON the Summons, Complaint, and Notice of Pendency filed in this action on February 28,
2022, the Notice of Motion and affirmation by Mark R. Knuckles, Esq. both dated December 22, 2022,
the affidavit of merit and amount due by Rachel M. Nowicki, Assistant Vice President of M&T Bank,
the Plaintiff herein, duly sworn to on November 7, 2022, together with the exhibits annexed thereto, all
in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons and
Complaint in this action, and has voluntarily appeared either personally or by an attorney; and it
appearing that more than the legally required numberofdays has elapsed since defendants Patricia Kleber
and Carol Brumby were so served and/or appeared; and Plaintiff having established to the court's
satisfaction that ajudgment against defendants is warranted; and
UPON the affidavit ofmailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants Patricia Kleber and Carol Brumby are not absent, in
5000-000063-FDPATRICIA Kl£B ER
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accordance with RPAPL §l32I(2); and
A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and
mortgage set forth in the Complaint and to examine whether the mortgaged can be sold in
property
parcels; and
UPON reading and filing the Report of Mark S. Ricciardi, Esq., dated November 22, 2022,
showing the sum of $601,528.09 due as of the date of said Report and that the mortgaged property may
not be sold in parcels; and
UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all
the prior proceedings and papers filed herein;
NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby
in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the
Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage
debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, in one parcel,
at a public auction on the North Side steps of the Supreme Court, ;00 Supreme Court Drive, Mineola,
NY, on a date to be set by the Court, by and under the directior of Mark S. Ricciardi, Esq., 25 Melville
r F d 79'937e
Park Road, Ste 233, Melville , NY 11747, 516-496-0062 who is hereby appointed Referee for that
purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL
§231 in O //9*
/ ry ; and it is further
Ã'
N,r ) je , fy e, f y ni~/
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee
certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36),
including, but not limited to §36.2 (c) ("Disqualifications from appointment") and §36.2 (d)
("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from
30fMb000063-FC I IRICIA liLEllER
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receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify
the Appointing Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or
retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of
the Rules of the Chief Administrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale
only if Plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee
has received a written bid and Tenns of Sale from Plaintiff, its successors and/or assigns, or its
representative; and it is further
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within
90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §l351(1)
is extended for the Referee to conduct the sale as soon as reasonably practicable, to a date to be set by
the Court uph£nakepprevaLatAesanefusisõFtht PrefoTect5sifrE7±rctiorrStaTü GaiEise; and it
is further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a
written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present
to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered
by a bidder who shall be identified upon the court record, and shall require that the successful bidder
immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or
certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in
which case no deposit against the purchase price shall be required; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to
execute the Terms of Sale immediately following the bidding upon the subject property or fails to
immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the
5000-OCOO63-FC/SITRK bi KLERER
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same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit thedownpayment
and proceeds of sale, as necessary, in his/her own name ÍÁeferee in his/her IOLA account or other
separate account maintained for his/her clients at in
accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall
execute a deed to the purchaser, in accordance with RPAPL §l353 and the terms of sale, which shall be
deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff
becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of
such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in
paragraph (a) of subdivision 1 of section six-1 of the 13anking Law) is the purchaser, such party shall
place the property back on the market for sale or other occupancy: (a) within 180 days of the execution
of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of
the property, provided that such construction, renovation, or rehabilitation proceeded diligently to
completion, whichever comes first, provided however, that a court of competent jurisdiction may grant
an extension for good cause; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such
sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes,
assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of
sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment;
and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said
proceeds of sale in her/his own name as Referee in his/her IOLA account per CPLR 2609 or in
5000 000063-lDIM TRICld KLEHER
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C/ 45 y- 50
, and shall thereafter make the following payments in
accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for the sale, in accordance with CPLR
conducting
8003(b), in the sum of $75&¸0-
SF:COND: All taxes, assessments, and water rates that are liens upon the and
property
monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water
rates that have not become absolute, and any other amounts due in accordance with RPAPL
§1354(2). Purchaser shall be responsible for interest and penalties due on any real taxes
property
accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees
pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such
penalties or fees assessed;
THIRD:
Preview
FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2023 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU ___________________________________________Ç M&T BANK, Plaintiff, Index No. 602517/2022 -against- AFFIDAVIT OF SERVICE PATRICIA KLEBER; ET. AL, Defendants. __________________________________________Ç STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) ss.: I, Shevanice Simpson, being duly sworn, depose and say; I am not a party to the action, am over 18 years of age and reside in Westchester, New York. On pe , 2023 I served the within copy of Notice of Sale, Notice of Entry, and Entered Final Judgment of Foreclosure and Sale, by depositing true copies thereof enclosed in a postage-paid envelope, by first class mail in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York, addressed to the following persons at the last known address set forth below: Carol Brumby Patricia Kleber 232 Brookville Rd 232 Brookville Rd Muttontown, NY 11545 Muttontown, NY 11545 Mark S. Ricciardi, Referee 25 Melville Park Road, Ste 233 Melville, NY 11747 PLEASE BE ADVISED THAT NO OTHER PARTIES H, I APPEARED, ANSWERED OR OTHERWISE REQUESTED NOTICE OF THIS APPLI , TIpN. S v nice mpson knowledged before me this of , 2023 day Q ne. Notary Public Vincent Sarube Notary Public, State of New York 11 No. 01SA6155905 Qualified in Westchester County Commission Expires 11/20/%("p 1 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2023 NOTICE OF SALE SUPREME COURT COUNTY OF NASSAU, M&T BANK, Plaintiff, vs. PATRICIA KLEBER, ET AL., Defendant(s). Pursuant to an Order Confirming Referee's Report and Judgment of Foreclosure and Sale duly entered on April 12, 2023, I, the undersigned Referee will sell at public auction on the front steps on the north side of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY on July 6, 2023 at 2:00 p.m., premises known as 232 Brookville Road, Oyster Bay Town, NY 11545 a/k/a 232 Brookville Road, Muttontown, NY 11545 a/k/a 232 Brookville Road, Glen Head, NY 11545. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Incorporated Village of Muttontown, County of Nassau and State of New York, Section 16, Block B and Lots 1605 and 1646. Approximate amount of judgment is $601,528.09 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 602517/2022. Cash will not be accepted. This foreclosure sale will be held on the north side steps of the Courthouse, rain or shine. COVID-19 safety protocols will be followed at the foreclosure sale. If proper social distancing cannot be maintained or there are other health or safety concerns, the Court Appointed Referee will cancel the sale. Mark S. Ricciardi, Esq., Referee Knuckles, Komosinski & Manfro, LLP, 565 Taxter Road, Suite 590, Elmsford, NY 10523, Attorneys for Plaintiff 2 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2023 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU ________________________________________________________________Ç M&T BANK, Plaintiff, Index No. 602517/2022 -against- NOTICE OF ENTRY PATRICIA KLEBER; ET. AL, Defendants. _______________________________________________________________Ç PLEASE TAKE NOTICE That the within is a true copy of a Judgment of Foreclosure and Sale entered in the office of the clerk of the within named Court on April 12, 2023. Dated: Elmsford, NY May 30, 2023 Knuckles, Komosinski & nfro, LLP By. Mark R. Knuckles, Es 1. Attorneys for Plaintiff 565 Taxter Road Suite 590 Elmsford, NY 10523 (914) 345-3020 9 3 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF |FILED:DOC. NO. 58 NASSAU COUNTY CLERK RECEIVED NYSCEF: 06/02/2023 04/12/2023 09:00 AM| INDEX NO. 602517/2022 NYSCEF DOC . NO. 56 Nassau County RECEIVED NYSCEF: 04/13/2023 Maureen OConnell County Clerk 61 202300046322 Ref ID#: EC 22 602517 Instrument Number: 2023- 00046322 As J65-ELECTJUDGMENTFORECLO& SALE Recorded On: April 12, 2023 Parties: M&T BANK TO CAROL BRUMBY Num Of Pages: 14 Recorded By: KNUCKLES Comment: ** ** Examined and Charged as Follows: J65 - ELECT JUDGMENT FORECL 0.00 Recording Charge: 0.00 ** ** THIS PAGE IS PART OF THE INSTRUMENT I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY File Information: Record and Return To: Document Number: 2023- 00046322 Receipt Number: 2844110 Recorded Date/Time: April 12, 2023 11:06:23A Book-Vol/Pg: Bk-K VI-826 Pg-99 Cashier / Station: 0 BMP / NCCL-3KYSH03 County Clerk IWlaureen O'Connell 1 of 14 4 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF FILÈD:DOC. NO. 58 NASSAU COUNTY CLERK 04/12/2023 09:00 RECEIVED INDEXNYSCEF: NO. 06/02/2023 602517/2022 AM| NYSC§F DOCs ,NO. 56 RECEIVED NYSCEF: 04/13/2023 At Part of the Supreme Court held in the County ofNassau, at the Courthouse located at 100 HON, DMID P. SULUVAi Supreme Court Drive, Mine la, NY 11501, on the .S.C. day of / ., 202 PRESENT: Hon. JUSTICE OF THE SUPREME COURT _________________--...__________________________ __Ç M&T BANK, Index No. 602517/2022 Plaintiff, -against- ORDER CONFIRMING REFEREE'S REPORTAND JUDGMENT OF FORECLOSURE AND SALE PATRICIA KLEBER; CAROL BRUMBY, MORTGAGED PROPERTY: Defendants- 232 BROOKVILLE RD OYSTER BAY TOWN, NY 11545 SBL //: 16-B-1605 and 1646 Servicer: M&T Bank 1-800-724-2400 ____________________________________________________________Ç (JPON the Summons, Complaint, and Notice of Pendency filed in this action on February 28, 2022, the Notice of Motion and affirmation by Mark R. Knuckles, Esq. both dated December 22, 2022, the affidavit of merit and amount due by Rachel M. Nowicki, Assistant Vice President of M&T Bank, the Plaintiff herein, duly sworn to on November 7, 2022, together with the exhibits annexed thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by an attorney; and it appearing that more than the legally required numberofdays has elapsed since defendants Patricia Kleber and Carol Brumby were so served and/or appeared; and Plaintiff having established to the court's satisfaction that ajudgment against defendants is warranted; and UPON the affidavit ofmailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants Patricia Kleber and Carol Brumby are not absent, in 5000-000063-FDPATRICIA Kl£B ER 2 of 14 5 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF FILED:DOC. NO. 58 NASSAU COUNTY CLERK 04/12/2023 09:00 RECEIVED INDEXNYSCEF: NO. 06/02/2023 602517/2022 AM| NYSC F DOC. ,NO. 56 RECEIVED NYSCEF: 04/13/2023 accordance with RPAPL §l32I(2); and A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged can be sold in property parcels; and UPON reading and filing the Report of Mark S. Ricciardi, Esq., dated November 22, 2022, showing the sum of $601,528.09 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, in one parcel, at a public auction on the North Side steps of the Supreme Court, ;00 Supreme Court Drive, Mineola, NY, on a date to be set by the Court, by and under the directior of Mark S. Ricciardi, Esq., 25 Melville r F d 79'937e Park Road, Ste 233, Melville , NY 11747, 516-496-0062 who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL §231 in O //9* / ry ; and it is further Ã' N,r ) je , fy e, f y ni~/ ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment") and §36.2 (d) ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from 30fMb000063-FC I IRICIA liLEllER 3 of 14 6 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF |FILED: DOC. NO. 58 NASSAU COUNTY CLERK 04/12/2023 09:00 RECEIVED INDEX NYSCEF: NO. 06/02/2023 602517/2022 AM| NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/13/2023 receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Tenns of Sale from Plaintiff, its successors and/or assigns, or its representative; and it is further ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §l351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable, to a date to be set by the Court uph£nakepprevaLatAesanefusisõFtht PrefoTect5sifrE7±rctiorrStaTü GaiEise; and it is further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the 5000-OCOO63-FC/SITRK bi KLERER 4 of 14 7 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF FILED: DOC. NO. 58 NASSAU COUNTY CLERK 04/12/2023 09:00 RECEIVED INDEX NYSCEF: NO. 06/02/2023 602517/2022 At4 NYSCEF DOC..NO. 56 RECEIVED NYSCEF: 04/13/2023 same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit thedownpayment and proceeds of sale, as necessary, in his/her own name ÍÁeferee in his/her IOLA account or other separate account maintained for his/her clients at in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL §l353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the 13anking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within 180 days of the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in his/her IOLA account per CPLR 2609 or in 5000 000063-lDIM TRICld KLEHER 5 of 14 8 of 17 FILED: NASSAU COUNTY CLERK 06/02/2023 01:07 PM INDEX NO. 602517/2022 NYSCEF FILED:DOC. NO. 58 NASSAU COUNTY CLERK 04/12/2023 09:00 RECEIVED INDEXNYSCEF: NO. 06/02/2023 602517/2022 AM) NYSC,EF DOC. .NO. 56 RECEIVED NYSCEF: 04/13/2023 C/ 45 y- 50 , and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for the sale, in accordance with CPLR conducting 8003(b), in the sum of $75&¸0- SF:COND: All taxes, assessments, and water rates that are liens upon the and property monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any real taxes property accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: