Preview
FILED: WARREN COUNTY CLERK 04/01/2022 09:14 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
WELLS FARGO BANK, N.A., NOTICE OF ENTRY
Plaintiff, Index No.: EF2018-65280
v. Property Address:
1353 Lake Avenue
CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Lake Luzerne, NY 12846
ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF
THE STATE OF NEW YORK, GARRICK DITLEFSEN,
JENNIFER ALLEN, and PAUL ARTHUR LEVINE,
CHAPTER 7 TRUSTEE
Defendant.
PLEASE TAKE NOTICE that the within is a true copy of the Order Confirming Referee
Report and Judgment of Foreclosure and Sale, duly entered in the Office of the Warren County
Clerk on March 25, 2022.
Dated: 3/30/2022
Monroe County Brittany J. Maxon, Esq.
Rochester, New York Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
TO:
Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen
40 Queen Mary Drive
Queensbury, NY 12804
People of the State of New York
Justice Building - State Capitol
Albany, NY 12224
Jennifer Allen
1353 Lake Avenue
104362-1
Wells Fargo Bank, N.A., etc. vs. Christopher M. Allen, et al.
Warren County Supreme Court, Index #: EF2018-65280
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/01/2022
Lake Luzerne, NY 12846
Garrick Ditlefsen
1353 Lake Avenue
Lake Luzerne, NY 12846
Paul Arthur Levine
Lemery Greissler, LLC
Chapter 7 Trustee
50 Beaver Street
Albany, NY 12207
Jeffrey McMorris, Esq.
Court Appointed Referee
9 Broad St.
P.O. Box 3271
Glens Falls, NY 12801
RE: Notice of Entry for Order Confirming Referee Report and Judgment of Foreclosure and Sale
Wells Fargo Bank, N.A., etc. v. Christopher M. Allen, et al.
Warren County Supreme Court – Index No.: EF2018-65280
104362-1
Wells Fargo Bank, N.A., etc. vs. Christopher M. Allen, et al.
Warren County Supreme Court, Index #: EF2018-65280
2 of 17
FILED:
F ILED WARREN COUNTY
: 'WARREN COUNTY CLERK
CLERK 04/01/2022
03/25 09:14
03 : 3 6 AM
INDEX
INDEX NO.
NO. EF2018-65280
EF2018-65280
/ 2 0 2 2 PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 37
39 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/25/2022
04/01/2022
At Part of·the Supreme Court
h d in the County of Warre at
, rJT . on the ___ day of
Present: Hon. HEM W J. T #
JUSTICE OF THE SUPREME COURT
STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
gggol g-4 2 go
Index No.:45289"
WELLS FAROO BANK, NA,
ORDER CONFIRMING
Plaintiff(s), REFEREE'REPORT AND
JUDGMENT OF
vs. FORECLOSURE
SALE·
AND
CHRISTOPHEV M. ALLEN A/K/A CHRISTOPHER R. . .
ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE Mortgaged Property:
STATE OF NEW YORK, OARRICK JENNIFER 1353 Lake Avenue
DITLEFSEN,
ALLEN, and PAUL ARTHUR CHAPTER 7 Lake Luzeme, NY 12846
LEVINE,
·
TRUSTEE,
COUNTY: WARREN
Defendant(s). SBL#: 286.12-1-5
Upon the Summons, Complaint, and Notice of Pendency filed in this action on the 26th day
of April, 2018, the Supplemental Notice of Pendency filed on September 16, 2021, the Notice of
Motion dated October 22, 2021, the affirmation of Brandi L. Sek, Esq., the Affidavit Of l\lerit And
Amount Due by Janneika Duncan who is Vice President Loan Documentation of Wells Fargo Bank,
N.A., duly sworn to on July 31, 2018, 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 not served any answer to the Complaint or otherwise appeared, nor .
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NO. EF2 0 18 - 65 2 8 0
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FILED:
FI WARREN COUNTY
ED : WARREN COUNTY CLERK
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03 : 3 6 AM
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 37
39 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/25/2022
04/01/2022
had their time to do so extended; and it appearing that more than the legally required number of days
has elapsed since Defendants Christopher M. Allen A/K/A Christopher R. Allen A/K/A Christopher
Allen, People Of The State Of New York, Garrick Ditlefsen, and Jennifer Allen were so seived; and
Plaintiffhaving established to the court's satisfaction that ajudgment against Defendants is warranted;
and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing Defendants Christopher M. Allen A/K/A Christopher R.
Allen A/K/A Christopher Allen, People Of The State Of New York, Garrick Ditlefsen, and Jennifer
Allen are not absent, in accordance with RPAPL § 1321(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
property
in parcels; and
UPON reading and filing the Report of Jeffrey McMorris, Esq. dated November 21, 2019,
. showing the sum of $109,840.32 due as of July 19, 2018 and that the mortgaged not
property may
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 Kristin M. Bolduc, Esq., attorney for 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 confinned; 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
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FILED:
FILED WARREN COUNTY
: 'WARREN COUNTY CLERK
CLERK 04/01/2022
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03 : 3 6 AM
PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 37
39 RECEIVED
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mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be
sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at the Warren
County Municipal Center at the entrance nearest the flag poles, 1340 St. Route 9, Lake George, NY
by and under the direction of Jeffrey McMorris, Esq. 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 ÎDE ; and it is further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee
certifies thathe/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-Refereeis-disqualified from
.receivmg an appomtment pursuant to the provisions of that Rule, the Referee shall immediatelynotify
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-theaulesef-the GhiefAdministrative-Judge,-and-it-is-furth
sale only if Plaintiff, its successors and/or assi representative is present at the sale or the
Referee has recei en bid and Terms of Sale from Plaintiff, its successors and/or assigns, or
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
. § 1351(1) is extended for the Referee to conduct the sale as soon as reasonably practical; and it is
further
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NYSCEF DOC
NYSCEF DOC. NO. 37
. NO. 39 . RECEIVED NYSCEF: 03/25/2022
RECEIVED NYSCEF: 04/01/2022
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept
a written bid from the Plaintiff of the Plaintiff's attorney, just as though Plaintiff wem physically
present to submit said bid; and it is further
, ORDERED, ADJUDOED 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 or-fails to-- -- -· -
property
immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the
same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the dowñ
payment and proceeds of sale, as necessary in V- 2 p t-4 met " in his/her own name
--as-Referee,-inaccordance with-CPLR4609;-and-it-is-furth --
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall
. .
execute a deed to the purchaser, in accordance with RPAPL § 1353 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 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, that if the purchaser is a third party, then the open taxes, if any, may be pro-rated
.
as of the date of sale; and it is further
(184132n)20181135
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INDEX NO.
NO. EF2018-
EF2018-65280
65280
FILED: WARREN COUNTY
F II ED : inTARREN COUNTY CLERK
CLERK 04/01/2022
03 / 25 / 2 0 2 2 09:14
03 : 3 6 AM
PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 37
39 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/25/2022
04/01/2022
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in
paragraph (a) of subdivision 1 of section six-1 of the Banking 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 the 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 rentsrorwater ratesrwhich are, or may become,-liens on the property-at the time- --
of sale, which 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 his/her own name as Referee in h 7pf..A-
atww,"and shall thereafter
-Weedollowing-payments-in-aeeerdanee-with-RPAPL-§-14-54-as-felle
. .
FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR
552:9.Jo
8003(b), not to exceed $FA00 unless the property sells for $50,000.00 or more or in the event.a.sale
was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ J o for each
adjournment or cancellation, unless the Referee caused the delay;
SECOND: All taxes, assessments, and water rates that are liens upon the property and 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 iri accordance with RPAPL § 1354(2).
Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after
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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: The expenses ofthe sale and the advertising expenses as shown on the bills presented
and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of
sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following:
Amount due per Referee's Report: $109,840.32 with interest at the note rate from July 20,
2018 until judgment entry date, together with any advances as provided for in the note and mortgage
which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to
.... ..._ ..... prior-mortgages-
or to-maintain-the-property pendingmonsummation-of-thirfmeclosure sale-mot
previously included in the computation, upon presentation of receipts for said expenditures to the
Referee, a
Preview
FILED: WARREN COUNTY CLERK 04/01/2022 09:14 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN WELLS FARGO BANK, N.A., NOTICE OF ENTRY Plaintiff, Index No.: EF2018-65280 v. Property Address: 1353 Lake Avenue CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Lake Luzerne, NY 12846 ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK DITLEFSEN, JENNIFER ALLEN, and PAUL ARTHUR LEVINE, CHAPTER 7 TRUSTEE Defendant. PLEASE TAKE NOTICE that the within is a true copy of the Order Confirming Referee Report and Judgment of Foreclosure and Sale, duly entered in the Office of the Warren County Clerk on March 25, 2022. Dated: 3/30/2022 Monroe County Brittany J. Maxon, Esq. Rochester, New York Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 TO: Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen 40 Queen Mary Drive Queensbury, NY 12804 People of the State of New York Justice Building - State Capitol Albany, NY 12224 Jennifer Allen 1353 Lake Avenue 104362-1 Wells Fargo Bank, N.A., etc. vs. Christopher M. Allen, et al. Warren County Supreme Court, Index #: EF2018-65280 1 of 17 FILED: WARREN COUNTY CLERK 04/01/2022 09:14 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/01/2022 Lake Luzerne, NY 12846 Garrick Ditlefsen 1353 Lake Avenue Lake Luzerne, NY 12846 Paul Arthur Levine Lemery Greissler, LLC Chapter 7 Trustee 50 Beaver Street Albany, NY 12207 Jeffrey McMorris, Esq. Court Appointed Referee 9 Broad St. P.O. Box 3271 Glens Falls, NY 12801 RE: Notice of Entry for Order Confirming Referee Report and Judgment of Foreclosure and Sale Wells Fargo Bank, N.A., etc. v. Christopher M. Allen, et al. Warren County Supreme Court – Index No.: EF2018-65280 104362-1 Wells Fargo Bank, N.A., etc. vs. Christopher M. Allen, et al. Warren County Supreme Court, Index #: EF2018-65280 2 of 17 FILED: F ILED WARREN COUNTY : 'WARREN COUNTY CLERK CLERK 04/01/2022 03/25 09:14 03 : 3 6 AM INDEX INDEX NO. NO. EF2018-65280 EF2018-65280 / 2 0 2 2 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 37 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/2022 04/01/2022 At Part of·the Supreme Court h d in the County of Warre at , rJT . on the ___ day of Present: Hon. HEM W J. T # JUSTICE OF THE SUPREME COURT STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN gggol g-4 2 go Index No.:45289" WELLS FAROO BANK, NA, ORDER CONFIRMING Plaintiff(s), REFEREE'REPORT AND JUDGMENT OF vs. FORECLOSURE SALE· AND CHRISTOPHEV M. ALLEN A/K/A CHRISTOPHER R. . . ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE Mortgaged Property: STATE OF NEW YORK, OARRICK JENNIFER 1353 Lake Avenue DITLEFSEN, ALLEN, and PAUL ARTHUR CHAPTER 7 Lake Luzeme, NY 12846 LEVINE, · TRUSTEE, COUNTY: WARREN Defendant(s). SBL#: 286.12-1-5 Upon the Summons, Complaint, and Notice of Pendency filed in this action on the 26th day of April, 2018, the Supplemental Notice of Pendency filed on September 16, 2021, the Notice of Motion dated October 22, 2021, the affirmation of Brandi L. Sek, Esq., the Affidavit Of l\lerit And Amount Due by Janneika Duncan who is Vice President Loan Documentation of Wells Fargo Bank, N.A., duly sworn to on July 31, 2018, 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 not served any answer to the Complaint or otherwise appeared, nor . {7841329:3}20181135 31 of of 17 15 INDEX INDEX NO. NO. EF2 0 18 - 65 2 8 0 EF2018-65280 FILED: FI WARREN COUNTY ED : WARREN COUNTY CLERK CLERK 04/01/2022 03/25 / 2 0 2 2 09:14 03 : 3 6 AM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 37 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/2022 04/01/2022 had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since Defendants Christopher M. Allen A/K/A Christopher R. Allen A/K/A Christopher Allen, People Of The State Of New York, Garrick Ditlefsen, and Jennifer Allen were so seived; and Plaintiffhaving established to the court's satisfaction that ajudgment against Defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing Defendants Christopher M. Allen A/K/A Christopher R. Allen A/K/A Christopher Allen, People Of The State Of New York, Garrick Ditlefsen, and Jennifer Allen are not absent, in accordance with RPAPL § 1321(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 property in parcels; and UPON reading and filing the Report of Jeffrey McMorris, Esq. dated November 21, 2019, . showing the sum of $109,840.32 due as of July 19, 2018 and that the mortgaged not property may 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 Kristin M. Bolduc, Esq., attorney for 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 confinned; 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 {7841329:3}20181135 2 of 4 of 17 15 INDEX INDEX NO. NO. EF2 0 18 - 65 2 8 0 EF2018-65280 FILED: FILED WARREN COUNTY : 'WARREN COUNTY CLERK CLERK 04/01/2022 03/25 / 2 0 2 2 09:14 03 : 3 6 AM PM NYSCEF NYSCEF DOC. DOC. NO. NO. 37 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/2022 04/01/2022 mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at the Warren County Municipal Center at the entrance nearest the flag poles, 1340 St. Route 9, Lake George, NY by and under the direction of Jeffrey McMorris, Esq. 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 ÎDE ; and it is further ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies thathe/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-Refereeis-disqualified from .receivmg an appomtment pursuant to the provisions of that Rule, the Referee shall immediatelynotify 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-theaulesef-the GhiefAdministrative-Judge,-and-it-is-furth sale only if Plaintiff, its successors and/or assi representative is present at the sale or the Referee has recei en bid and Terms of Sale from Plaintiff, its successors and/or assigns, or 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 . § 1351(1) is extended for the Referee to conduct the sale as soon as reasonably practical; and it is further {7841329:3 }20181135 5 3 of of 17 15 ' FILED: WARREN COUNTY COUNTY CLERK CLERK 03 04/01/2022 09:14 03 AM INDEX NO. EF2018-65280 INDEX NO. EF2018-65280 F I ED : WARREN / 2 5 / 2 0 2 2 : 3 6 PM| NYSCEF DOC NYSCEF DOC. NO. 37 . NO. 39 . RECEIVED NYSCEF: 03/25/2022 RECEIVED NYSCEF: 04/01/2022 ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff of the Plaintiff's attorney, just as though Plaintiff wem physically present to submit said bid; and it is further , ORDERED, ADJUDOED 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 or-fails to-- -- -· - property immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the dowñ payment and proceeds of sale, as necessary in V- 2 p t-4 met " in his/her own name --as-Referee,-inaccordance with-CPLR4609;-and-it-is-furth -- ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall . . execute a deed to the purchaser, in accordance with RPAPL § 1353 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 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, that if the purchaser is a third party, then the open taxes, if any, may be pro-rated . as of the date of sale; and it is further (184132n)20181135 of 17 64 of 15 INDEX INDEX NO. NO. EF2018- EF2018-65280 65280 FILED: WARREN COUNTY F II ED : inTARREN COUNTY CLERK CLERK 04/01/2022 03 / 25 / 2 0 2 2 09:14 03 : 3 6 AM PM NYSCEF NYSCEF DOC. DOC. NO. NO. 37 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/25/2022 04/01/2022 ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking 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 the 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 rentsrorwater ratesrwhich are, or may become,-liens on the property-at the time- -- of sale, which 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 his/her own name as Referee in h 7pf..A- atww,"and shall thereafter -Weedollowing-payments-in-aeeerdanee-with-RPAPL-§-14-54-as-felle . . FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 552:9.Jo 8003(b), not to exceed $FA00 unless the property sells for $50,000.00 or more or in the event.a.sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ J o for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the property and 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 iri accordance with RPAPL § 1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after {7841329:3}20181135 7 of 5 of 17 15 FILED: WARREN COUNTY COUNTY CLERK CLERK 03/ 04/01/2022 25 / 2 022 09:14 03 : 36 AM INDEX NO. EF2018-65280 INDEX NO. EF2018-65280 FILED : NARREN PM| NYSCEF DOC NYSCEF DOC. NO. 37 . NO. 39 RECEIVED NYSCEF: 03/25/2022 RECEIVED NYSCEF: 04/01/2022 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: The expenses ofthe sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount due per Referee's Report: $109,840.32 with interest at the note rate from July 20, 2018 until judgment entry date, together with any advances as provided for in the note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to .... ..._ ..... prior-mortgages- or to-maintain-the-property pendingmonsummation-of-thirfmeclosure sale-mot previously included in the computation, upon presentation of receipts for said expenditures to the Referee, a