Preview
INDEX NO. ID ONT 111005
FILED: ONTARIO COUNTY CLERK 10/14/2022 11:24 AM
Oia **"""*
NYSCEF DOC. NO
kes
th ys
Sea
Ontario County Clerk Recording Page
Return To Matthew J. Hoose, County Clerk
STACEY ALLYSON WEISBLATT Ontario County Clerk
485B US Highway Route 1 South 20 Ontario Street
Suite 330 Canandaigua, New York 14424
Iselin, NJ 08830 (585) 396-4200
Document Type: REFEREE REPORT OF SALE Receipt Number: 637479
Plaintiff Defendant
HSBC BANK USA NA BEMUS, J JAMES
Fees
Control #: 202210140052
Total Fees Paid: $0.00
Ref #: CP 2022 000018
Index #: ID ONT 111005
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
21.
Heth
7) Hosa
Ontario County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
SL Do Not Detach
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CTRDMZ2000TH ONT 111005
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
V F/K/A HSBC BANK USA AS SUCCESSOR INDEX NO: ID ONT 111005
BY MERGER TO MARINE MIDLAND BANK
F/K/A MARINE MIDLAND BANK, N.A. AS MORTGAGED PREMISES:
SUCCESSOR BY MERGER TO FIRST 185 CHAPIN STREET
FEDERAL SAVINGS AND LOAN CANADAIGUA, NY 14424
ASSOCIATION OF ROCHESTER,
SBL No.: 83.60-2-86
PLAINTIFF,
Vv.
J. JAMES BEMUS; ANGELA MOWERY- REFEREE'S REPORT OF SALE
BEMUS AKA ANGELA MOWERY BEMUS,
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE CIVIL
ENFORCEMENT - CO - ATC
DEFENDANTS.
TO THE SUPREME COURT:
I, MICHAEL J. MIRRAS, Esq., the Referee appointed by the Judgment of Foreclosure
and Sale entered in this action on the September 20, 2016 to make the sale of the mortgaged
premises therein described, do respectfully report as follows:
FIRST: That I caused due notice of the sale of the said premises held by me at
public auction on the September 12, 2022 in Ontario County at the Courthouse located at 27
North Main Street, Canandaigua, NY 14424 to be given and published according to law and the
rules and practice of this Court as will fully appear by the affidavits of publication and posting.
SECOND: That at the time and place of sale, I attended in person and offered the said
mortgaged premises for sale to the highest bidder and sold the same to MARCUS FRANZ for
the sum of $92,501.00 that being the highest sum bid. A deposit in the amount of $10,000.00
was received representing more than ten percent (10%) of the purchase price.
THIRD: That I received from the Plaintiff fees and expenses on the sale sum of
$750.00.
FOURTH: That I have allowed to the attorneys for the Plaintiff out of the purchase
money for publication and posting expenses the sum of $991.45.
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FIFTH: That I have allowed to the attorneys for the Plaintiff the sum of $2,750.50
for the costs and additional allowance, if any, awarded to the Plaintiff by said Judgment.
SIXTH: That I have allowed for the Plaintiff all of the sum due on the Note and
Mortgage upon which this action was brought and directed to be paid by the Judgment of
Foreclosure and Sale as set forth on the below Statement of Sale.
SEVENTH: That I have made, executed and delivered to such purchaser a good and
sufficient deed of conveyance for the mortgaged premises sold.
EIGHTH: That there remains no surplus amount.
Annexed hereto and made a part of this report is a statement showing the several items
aforesaid and the mode of computation of the deficiency/surplus or that there is none.
[hbo
All of which is respectfully submitted.
Dated: cdober IL _, 2022
MICHAEL J. MIRAS, Esq. Referee
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CTRDMZ2000TH ONT 111005
FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
STATEMENT OF SALE
Amount due on the Note and Mortgage $180,775.56
as detailed in the Judgment of Foreclosure and Sale
Contract Rate of Interest from December 1, 2015 (5.00000%) to $5,788.86
date of entry of Judgment (September 20, 2016) 294 days at
$19.69 per diem
Costs and Disbursements Awarded $2,750.50
Attorneys' Fees $2,000.00
Subtotal $191,314.92
Judgment Rate of Interest from Judgment Entry Date (September $96,604.16
20, 2016) at 9% to April 30, 2022, 2048 days at $47.17 per diem
Judgment Rate of Interest from May 1, 2022, at 2% to Sale date $1,718.72
(October 12, 2022) 164 days at $10.48 per diem
Advertising Notice of Sale $991.45
Referee's Fee for Sale $750.00
Outstanding City Tax to City of Canandaigua $1,572.08
Outstanding Water to City of Canandaigua $320.94
Total Due to Plaintiff $293,272.27
Purchaser's Bid $92,501.00
Total Deficiency "Co
ki
l
Dated: Ocdober 2, 2022
Mic Cc HAEL J. MYBRAS, ESQ., Referee
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
STATE OF NEW YORK
COUNTY OF ONTARIO ) ss
MICHAEL J. MIRRAS, ESQ., being duly sworn, deposes and says:
That he is the Referee duly appointed herein to make the sale in the above-entitled action and the
officer who made such sale.
That the above report of sale signed by him is in all respects true and correct, and said report and
statement annexed thereto contain a true, accurate and complete report of the disposition of the
proceeds of such sale.
4 de CO
ICHAEL J. MIRRAS, ESQ., Referee
Sworn to Chee”
me this 1
day of » 2022
UE MOO
NOTARY PUBLIC
KELLI R. GRILLO
Notary Public, State of New York
Qualified in Ontario County
Registered #01GR6364801
My Commission Expires September 25, =
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RDANZ 20000 TE)
RECEIVED NYSCEF: 10/14/2022
EXHIBITS TO
REFEREE
REPORT OF SALE
CTRDMZ2000TH ONT 111005
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
G- [2-22
6/1, 02073%-])
JA mE BEMUS
LOCALiIQ
Observer-Dispatch | Daily Messenger PO Box 631202 Cincinnati, OH 45263-1202
Times Telegram | New Jersey Herald
Times Herald-Record
NOTICE OF SALE SUPREME
PROOF OF PUBLICATION COURT ONTARIO COUNTY,
HSBC BANK USA, N.A.. Plain-
Publications Elite Company, Inc
fl
Publications Elite Company, Inc. JAMES BEMUS, et al
Defendant(s)
333 Earle Ovington BLVD # 225 Allorney for Blaintit(s)Stern
Uniondale NY 11553-3621 &
poration Plaza, S Route
G, South. Sulte 339, Iselin, NJ
Pursucnt to @ Judgment of
STATE OF WISCONSIN, COUNTY OF BROWN Foreclosure and Sole entered
September 6 will
_- — sell af public auction to the a ——
highest Id
The Daily Messenger, a daily news er of general Steps ‘Ontario
County, Court! lorth
circulation, printed and published in Canandaigua, Ontario Main Street, ‘Canandaigua NY
14424 on September 12,
County, New York; that the publication, a copy of which is ot sremises known
8 195 pin Street,
attached hereto, was Published in said newspaper in the Cenandoigua,
83.60 Block 2 Lot 86. Ali that
issues dated: tract or parcel of land, situote
Jn Township 10, Range 3. ot
helps and jorham
Purchase ta the, Cily of
08/11/2022, 08/18/2022, 08/25/2022, 09/01/2022 Snfario.ond State of New York.
Approximate Amount of Judg-
‘ment is $180,775.56 plus inierest
‘and costs. rremmises will
That said newspaper was regularly issued and circulated on sold subject to provisions of
filedsd_dudoment inde
those dates.
During the COVID.19 health
emergency, ‘are
reaui ‘to comply eat with,
Sworn to and subscribed before on 09/01/2022 ‘gover
requirements in effect af the
time of the sale Including but
Wn
not tml to, wearing face
cover and ‘maintaining
social distancing (at least &
feet apart) during the auctlon,
while tendering deposit and at
Legal Cjérle ‘ony subsequent closing. Should
@ bidder fail to comply, the
Relerge, may refuse to aécept
bid, cancel 1
fond hold the bidder in default
Notary, te pfW} ‘Brown Bidders ore also. requi
comply wit the Farecio-
sure Rules ‘and
CoviID-W Health, Emergency
Rules issued
My commisjon expires Gourt of this county In ‘additon
fo the conditions. forth
Publication Cost: $112.50 the Terms of Sale.
Order No: 7604288 # of Copies;
‘Michael Mirras, Esq., Referee
Customer No: 798292 1
Au, 18,
PO #:
7904288
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
AMY KOKOTT
Notary Public
State of Wisconsin
Page 1 of 1
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FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
Affidavit of Service by Mail
SUPREME COURT OF THE STATE OF NEW YORK county OF ONTARIO
HSBC BANK USA, N.A. Att. File: 611.020738-1
- against - Sale Date: 9/12/2022
Index: 111005/2014
J. JAMES BEMUS, ET AL.
JFS Entered: 9/20/2016
I, Linda Cantwell, being duly sworn, deposes and says deponent is not a party to this action and is over
the age of eighteen years and resides in the state of New York.
That on August 5, 2022, deponent mailed a copy of the NOTICE OF SALE in this action on those
defendants listed below by first class mail.
Defendants: Michael Mirras, Esq.
54 Fall Street
P.O. Box 299
Seneca Falls, NY 13148-0299
ANGELA MOWERY-BEMUS A/K/A ANGELA MOWERY BEMUS
185 Chapin Street
Canandaigua, NY 14424
DANIEL BEMUS
185 Chapin Street
Canandaigua, NY 14424
New York State Department of Taxation and Finance Civil Enforcement-CO-ATC
W. Averell Harriman State Office Campus
Building 9
Albany, NY 12227
Unknown Occupants
185 Chapin Street
Canandaigua, NY 14424
J. JAMES BEMUS
185 Chapin Street
Canandaigua, NY 14424
Said mailing(s) was made to the defendant(s) place of residence if known. If unknown, the mailing was
made to the defendant(s) place of employment. If said place of employment was unknown, the mailing
was made to the defendant(s) at his/her last known residence.
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The foregoing statements are true, under penalty of perjury.
Sworn to before me 8/6[2L.
(Date)
— Vron Iuirbr Sharon Muratore
bre Cp chcee
Linda Cantwell
Sharon Muratore
Notary Public, State of New York
No. 01MU6207738
Qualified in Nassau County
Commission Expires June 15, 2025
Publications Elite Company Inc. ¢ 333 Earle Ovington Blvd, Suite 225, Uniondale, NY, 11553
Stern & Eisenberg, P.C., Woodbridge Corporation Plaza, 485B Route 1 South, Suite 330, Iselin, NJ 08830
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FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
NOTICE OF SALE SUPREME COURT ONTARIO COUNTY
HSBC BANK USA, N.A., Plaintiff against
J. JAMES BEMUS, et al Defendant(s)
Attorney for Plaintiff(s) Stern & Eisenberg, P.C., Woodbridge Corporation Plaza, 485B
Route 1 South, Suite 330, Iselin, NJ 08830.
Pursuant to a Judgment of Foreclosure and Sale entered September 20, 2016, | will sell
at public auction to the highest bidder at the Front Steps of the Ontario County
Courthouse, 27 North Main Street, Canandaigua NY 14424 on September 12, 2022 at
11:00 AM. Premises known as 185 Chapin Street, Canandaigua, NY 14424. Sec 83.60
Block 2 Lot 86. All that tract or parcel of land, situate in Township 10, Range 3 of the
Phelps and Gorham Purchase in the City of Canandaigua, County of Ontario and State
of New York. Approximate Amount of Judgment is $180,775.56 plus interest and costs.
Premises will be sold subject to provisions of filed Judgment Index No 111005/2014,
During the COVID-19 health emergency, Bidders are required to comply with all
governmental health requirements in effect at the time of the sale including but not
limited to wearing face coverings and maintaining social distancing (at least 6-feet apart)
during the auction, while tendering deposit and at any subsequent closing. Should a
bidder fail to comply, the Referee may refuse to accept any bid, cancel the closing and
hold the bidder in default. Bidders are also required to comply with the Foreclosure
Auction Rules and COVID-19 Health Emergency Rules issued by the Supreme Court of
this County in addition to the conditions set forth in the Terms of Sale.
Michael Mirras, Esq., Referee 611.020738-1
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FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
HSBC BANK USA, N.A. INDEX NO.: ID ONT 111005
PLAINTIFF, PROPERTY ADDRESS:
Vv. 185 CHAPIN STREET
CANADAIGUA, NY 14424
J. JAMES BEMUS; ANGELA MOWERY-
BEMUS A/K/A ANGELA MOWERY BEMUS; Section 83.60 Block 2 Lot 86
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE CIVIL TERMS OF SALE
ENFORCEMENT - CO - ATC; DANIEL
BEMUS ,
DEFENDANTS.
The premises described in the annexed advertisement of sale will be sold under the
direction of Referee, upon the following terms:
Ist. Ten percent (10%) of the purchase money of said premises will be required to be paid in
cash or certified check 1o the said Referee at the time and place of sale, and for which the
Referee's receipt will be given, except where the purchaser is the Plaintiff. Then said deposit is
waived in accordance with the terms of the Judgment of Foreclosure and Sale.
2nd. The residue of said purchase money will be required to be paid in cash or by certified
check to the Referee at his office on October 12, 2022 when the Referee's deed will be ready for
delivery. The closing shall be held no later than 30 days after the date on which this sale was
held. Time shall be of the essence as to purchaser only.
3rd. The Referee is not required to send any notice to the purchaser, if purchaser neglects to
call at the time and place above specified to receive his/her deed he/she will be in default, unless
the Referee shall deem it proper to extend the time for the completion of said purchase. Whether
there be an extension granted or a resale pursuant to paragraph 6th hereof, this purchaser will be
charged with interest on the whole amount of the purchase price from the date hereof to the date
of delivery of the deed.
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4th. All taxes, assessments, water rates and other encumbrances which, at the time of sale, are
liens or encumbrances upon said premises will be paid by the Purchaser. Expenses of recording
the deed, including but not limited to recording fees, deed stamps, New York State Transfer Tax
and New York City Transfer Tax, where applicable, will be paid by the purchaser. In the event
purchaser raises any objections to title, Plaintiff shall have the option of providing fee title
insurance, at Purchaser's expense, from a title company of Plaintiff's choice authorized to do
business in New York State, providing said policy provides insurable title to Purchaser. When
offered, Purchaser’s refusal to accept title insurance from Plaintiff’s title company shall
constitute a default under the terms of this agreement. Purchaser will not be entitled to seek to
vacate the sale due to uninsurable title where title insurance has been offered by Plaintiff's title
company.
Sth. The Purchaser of said premises will, at the time and place of sale, sign a memorandum of
his/her purchase and an agreement to comply with the terms and conditions of sale herein
contained. Purchaser is bound by the terms of this agreement and the terms of the Judgment of
Foreclosure and Sale.
6th. The bidding will be kept open after the property is struck down; and in case any
Purchaser shall fail to comply with any of the above conditions of sale, the premises so struck
down to him/her will be again put up for sale under the direction of the Referee under these same
terms of sale, without application to the Court, unless Plaintiff's attorneys shall elect to make
such application; and such Purchaser will be held liable for any deficiency there may be between
the sum for which said premises shall be struck down upon the sale, and that for which they may
be purchased on the resale, and also for any costs or expenses occurring on such resale.
7th, The Purchaser agrees that this sale is "as is" and subject to the following items, which are
neither valid exceptions to clear title nor valid reasons to adjourn the closing:
(a) Rights of the public and others in and to any part of the mortgaged premises that lies
within the bounds of any street, alley, or highway; restrictions and easements of record.
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(b) Any state of facts that an accurate survey might disclose, including reapportionment
of tax lots or changes to the section, block and lot subsequent to the filing of the Notice of
Pendency. Plaintiff is not required to provide a survey.
(c) Rights of Tenants, occupants or squatters, if any. Plaintiff makes no representations as
to the occupancy status of the property. It shall be the responsibility of the Purchaser to
evict or remove any parties in possession of premises. There shall be no adjustment for
rents after the date of sale.
(d) Prior mortgages, liens or encumbrances, whether or not provided for in the judgment.
(e) The right of redemption of the United States of America.
(f) Any rights pursuant to CPLR 317, 2003 and 5015, pending litigation in the foreclosure
action or any appeal of the underlying action.
(g) Any building and zoning regulations, restrictions, ordinances and amendments thereto
of the municipality, state, or federal government, or any agency, bureau, commission or
department with jurisdiction over the property, and any violations or notices of violations
issues by same, including, but not limited to code violations and reapportionment of lot
lines.
(h) Any orders or requirements issued by any governmental entity having jurisdiction
against or affecting said premises and violations of the same, including but not limited to
any type of Notice of Pendency filed by same.
(i) Any bankruptcy in which there is no automatic stay, pursuant to 11 USC section 362
(c)(4)(A). Plaintiff has no duty or obligation to obtain a comfort order pursuant to 11
USC Section 362 (c)(4)(A)(ii).
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
Gj) Any Hazardous Materials in the premises including, but not limited to, flammable
explosives, radioactive materials, hazardous wastes, asbestos or any material containing
asbestos, and toxic substances.
(k) Other conditions in the Judgment to the extent that these terms do not contradict or
vary any express and overt provisions of said Judgment.
(1) Any forbearance, reinstatement or modification agreement or any other agreement to
adjourn or postpone the sale entered into between Plaintiff and Defendant prior to holding
the sale.
8th. In the event seller is unable to convey title in accordance with the terms of this contract,
the sole liability of seller will be to refund the down payment and upon such refund this contract
shall be deemed cancelled and neither party shall have any claim against the other.
9th. Should the premises herein be part of a condominium or homeowners association the
buyer shall be responsible to pay any open and unpaid common charges to the extent that said
charges were not foreclosed by the Judgment.
10th: In case the purchaser shall fail to comply with any of the above conditions of sale,
Plaintiff may:
(a) In its discretion charge purchaser interest at the rate of nine percent (9%) per annum
on the entire purchase price from the date set forth in paragraph FOURTH above until the
transfer of the Referee's deed. Said interest may be charged regardless of any
adjournment of the closing, or
(b) Place the property for resale under the direction of said Referee, without application
to the Court, unless the plaintiff's attorneys shall elect to make such application, or
(c) Sell the premises to the second highest bidder, in the discretion of the Referee.
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In the event of resale, Purchaser shall be held liable for the difference between the amount
received upon resale and the amount of purchaser's successful bid, plus the costs, expenses and
attorney's fees occurring as a result of said resale. Purchaser's deposit shall be applied to said
deficiency, with any overage refunded to said purchaser. Purchaser shall be liable for any
remaining deficiency. Should plaintiff be the successful bidder at said resale, purchaser agrees to
forfeit its entire deposit as liquidated damages. Such forfeiture shall not be a waiver of any rights
of plaintiff to seek and obtain other damages as allowed for by law.
llth: Neither the Referee nor the Plaintiff shall be liable for nor bound by any verbal or written
statements, representations, promises, or guaranty, real estate broker's commissions or
information pertaining to the premises furnished by any third party, real estate broker, agent or
their employee. Neither the Referee nor the Plaintiff is liable for any express or implied
warranties, guaranties, promises or statements of any kind relating in any manner to the
premises. All understandings and agreements heretofore had between the parties are merged in
these Terms of Sale, which fully and completely express their agreement. These Terms of Sale
cannot be changed, terminated or waived orally. These Terms of Sale shall be binding on the
Purchaser(s) and any heirs, successors and assigns thereof.
12th: Nothing herein changes Plaintiff’s rights or obligations in the event Plaintiff is the
purchaser at the foreclosure sale,
13th: All bidders must comply with the Foreclosure Auction Rules - Seventh Judicial District and
the Covid-19 Health Emergency Rules attached hereto for auctions held during the COVID-19
health emergency.
Dated: 09/12/2022 Wbjp Go
KICHAEL MIRKAS, Referee
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FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
MEMORANDUM OF SALE
The undersigned has this 09/12/2022 purchased the premises more particularly described
in the printed advertisement of sale for the sum of Dollars ($_ 9252) and hereby
promises and agrees to comply with the terms and conditions of the sale of said premises as
above mentioned and set forth.
Purchaser:
“Nanay
Name: Meiraus Fant
Address: 13 FStarat Lane
Cohandaigua, NY M4424
Telephone: F857 31-7450
E-mail:
MP, 385€ bujmail,
com
==: a ==: om socom.
mm:
RECEIVED from Marcus Fran? (“Purchaser”) the sum of ftnthensenel Dollars
(_lLOoM yi , being ten percent (10%) of the amount bid by the Purchaser for property
sold by me under the Judgment of Foreclosure and Sale in the abov -entifled action,
7
Dated: 09/12/2022
MICHAEL MIRRSS, Referee
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Foreclosure Auction Rules - Seventh Judicial District
The following rules shall be applicable for foreclosure auctions held within the Seventh Judicial
District and shall be incorporated into the Terms of Sale for foreclosure auctions held within the
Seventh Judicial District
1. A successful bidder must have in his/her possession at the time of the bid the full I 0% of the
sui bid, in cash or certified or bank check to be made payable to the Referee.
2. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a
Memorandum of Sale has been signed, which must be completed immediately following the sale.
3. If a successful bidder fails to immediately pay the deposit and sign the Memorandum of Sale,
the Referee will strike the bid and the second-highest bidder shall be permitted to tender the 10%
deposit and sign the Memorandum of Sale.
4, Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing
costs at a closing to be scheduled no later than thirty (30) days following the auction (unless
otherwise stipulated by all parties to the sale) may result in the forfeiture of the 10% deposit.
5. If the successful bidder defaults in concluding the transaction at the purchase price, he/she
may be liable for the difference if the property is subsequently sold at auction for lower price in
a subsequent sale.
6. It is the responsibility of the bidder to acquaint him/herself with the property, any
encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate
funds are available to make good the bid.
COVID-19 Health Emergency Rules
During the COVID-19 health emergency, the Referee must require the observance of any
requirements in effect at the time of the foreclosure auction and at any subsequent closing. Prior
to scheduling any auctions, Plaintiffs counsel should confer with the assigned Referee to
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ascertain whether the Referee wishes to continue to serve as a Referee during the COVID-19
health emergency. Should the Referee not wish to continue to serve as a Referee, the Plaintiffs
attorney shall promptly make application to have a Successor Referee appointed.
The following must be incorporated into the Terms of Sale for auctions held during the COVID-
19 health emergency:
1. All participants in the foreclosure auction, including bidders and prospective bidders, the
Referee, and the Plaintiff's agent must comply with any face covering rule, regulation, or order in
effect at the time of the foreclosure auction. The Referee shall refuse to accept any bid placed by
a bidder not complying with this requirement Should the Plaintiff's agent fail to comply with this
requirement, the Referee shall cancel the auction, and advise Plaintiff's counsel the reason for the
cancellation. Should the Referee cancel the auction due to Plaintiff's agent's failure to comply
with this requirement, Plaintiff shall not recover any subsequent re-publication costs.
2. All participants shall maintain appropriate social distancing during the auction. The Referee,
the successful bidder, and the Plaintiff's agent shall maintain appropriate distancing while
executing the Memorandum of Sale and the tendering of the deposit. Only one auction may be
conducted at one time.
3. All participants in the closing must comply with any face covering rule, regulation, or order in
effect at the time of the closing. Should a bidder fail to comply to comply, the Referee may
cancel the closing and hold the bidder in default.
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FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022
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INDEX NO. ID ONT 111005 FILED: ONTARIO COUNTY CLERK 10/14/2022 11:24 AM Oia **"""* NYSCEF DOC. NO kes th ys Sea Ontario County Clerk Recording Page Return To Matthew J. Hoose, County Clerk STACEY ALLYSON WEISBLATT Ontario County Clerk 485B US Highway Route 1 South 20 Ontario Street Suite 330 Canandaigua, New York 14424 Iselin, NJ 08830 (585) 396-4200 Document Type: REFEREE REPORT OF SALE Receipt Number: 637479 Plaintiff Defendant HSBC BANK USA NA BEMUS, J JAMES Fees Control #: 202210140052 Total Fees Paid: $0.00 Ref #: CP 2022 000018 Index #: ID ONT 111005 State of New York County of Ontario EFiling through NYSCEF with a total page count of 21. Heth 7) Hosa Ontario County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York SL Do Not Detach 1 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO V F/K/A HSBC BANK USA AS SUCCESSOR INDEX NO: ID ONT 111005 BY MERGER TO MARINE MIDLAND BANK F/K/A MARINE MIDLAND BANK, N.A. AS MORTGAGED PREMISES: SUCCESSOR BY MERGER TO FIRST 185 CHAPIN STREET FEDERAL SAVINGS AND LOAN CANADAIGUA, NY 14424 ASSOCIATION OF ROCHESTER, SBL No.: 83.60-2-86 PLAINTIFF, Vv. J. JAMES BEMUS; ANGELA MOWERY- REFEREE'S REPORT OF SALE BEMUS AKA ANGELA MOWERY BEMUS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE CIVIL ENFORCEMENT - CO - ATC DEFENDANTS. TO THE SUPREME COURT: I, MICHAEL J. MIRRAS, Esq., the Referee appointed by the Judgment of Foreclosure and Sale entered in this action on the September 20, 2016 to make the sale of the mortgaged premises therein described, do respectfully report as follows: FIRST: That I caused due notice of the sale of the said premises held by me at public auction on the September 12, 2022 in Ontario County at the Courthouse located at 27 North Main Street, Canandaigua, NY 14424 to be given and published according to law and the rules and practice of this Court as will fully appear by the affidavits of publication and posting. SECOND: That at the time and place of sale, I attended in person and offered the said mortgaged premises for sale to the highest bidder and sold the same to MARCUS FRANZ for the sum of $92,501.00 that being the highest sum bid. A deposit in the amount of $10,000.00 was received representing more than ten percent (10%) of the purchase price. THIRD: That I received from the Plaintiff fees and expenses on the sale sum of $750.00. FOURTH: That I have allowed to the attorneys for the Plaintiff out of the purchase money for publication and posting expenses the sum of $991.45. 2 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 FIFTH: That I have allowed to the attorneys for the Plaintiff the sum of $2,750.50 for the costs and additional allowance, if any, awarded to the Plaintiff by said Judgment. SIXTH: That I have allowed for the Plaintiff all of the sum due on the Note and Mortgage upon which this action was brought and directed to be paid by the Judgment of Foreclosure and Sale as set forth on the below Statement of Sale. SEVENTH: That I have made, executed and delivered to such purchaser a good and sufficient deed of conveyance for the mortgaged premises sold. EIGHTH: That there remains no surplus amount. Annexed hereto and made a part of this report is a statement showing the several items aforesaid and the mode of computation of the deficiency/surplus or that there is none. [hbo All of which is respectfully submitted. Dated: cdober IL _, 2022 MICHAEL J. MIRAS, Esq. Referee 3 of 21 CTRDMZ2000TH ONT 111005 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 STATEMENT OF SALE Amount due on the Note and Mortgage $180,775.56 as detailed in the Judgment of Foreclosure and Sale Contract Rate of Interest from December 1, 2015 (5.00000%) to $5,788.86 date of entry of Judgment (September 20, 2016) 294 days at $19.69 per diem Costs and Disbursements Awarded $2,750.50 Attorneys' Fees $2,000.00 Subtotal $191,314.92 Judgment Rate of Interest from Judgment Entry Date (September $96,604.16 20, 2016) at 9% to April 30, 2022, 2048 days at $47.17 per diem Judgment Rate of Interest from May 1, 2022, at 2% to Sale date $1,718.72 (October 12, 2022) 164 days at $10.48 per diem Advertising Notice of Sale $991.45 Referee's Fee for Sale $750.00 Outstanding City Tax to City of Canandaigua $1,572.08 Outstanding Water to City of Canandaigua $320.94 Total Due to Plaintiff $293,272.27 Purchaser's Bid $92,501.00 Total Deficiency "Co ki l Dated: Ocdober 2, 2022 Mic Cc HAEL J. MYBRAS, ESQ., Referee 4 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 STATE OF NEW YORK COUNTY OF ONTARIO ) ss MICHAEL J. MIRRAS, ESQ., being duly sworn, deposes and says: That he is the Referee duly appointed herein to make the sale in the above-entitled action and the officer who made such sale. That the above report of sale signed by him is in all respects true and correct, and said report and statement annexed thereto contain a true, accurate and complete report of the disposition of the proceeds of such sale. 4 de CO ICHAEL J. MIRRAS, ESQ., Referee Sworn to Chee” me this 1 day of » 2022 UE MOO NOTARY PUBLIC KELLI R. GRILLO Notary Public, State of New York Qualified in Ontario County Registered #01GR6364801 My Commission Expires September 25, = 5 of 21 RDANZ 20000 TE) RECEIVED NYSCEF: 10/14/2022 EXHIBITS TO REFEREE REPORT OF SALE CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 G- [2-22 6/1, 02073%-]) JA mE BEMUS LOCALiIQ Observer-Dispatch | Daily Messenger PO Box 631202 Cincinnati, OH 45263-1202 Times Telegram | New Jersey Herald Times Herald-Record NOTICE OF SALE SUPREME PROOF OF PUBLICATION COURT ONTARIO COUNTY, HSBC BANK USA, N.A.. Plain- Publications Elite Company, Inc fl Publications Elite Company, Inc. JAMES BEMUS, et al Defendant(s) 333 Earle Ovington BLVD # 225 Allorney for Blaintit(s)Stern Uniondale NY 11553-3621 & poration Plaza, S Route G, South. Sulte 339, Iselin, NJ Pursucnt to @ Judgment of STATE OF WISCONSIN, COUNTY OF BROWN Foreclosure and Sole entered September 6 will _- — sell af public auction to the a —— highest Id The Daily Messenger, a daily news er of general Steps ‘Ontario County, Court! lorth circulation, printed and published in Canandaigua, Ontario Main Street, ‘Canandaigua NY 14424 on September 12, County, New York; that the publication, a copy of which is ot sremises known 8 195 pin Street, attached hereto, was Published in said newspaper in the Cenandoigua, 83.60 Block 2 Lot 86. Ali that issues dated: tract or parcel of land, situote Jn Township 10, Range 3. ot helps and jorham Purchase ta the, Cily of 08/11/2022, 08/18/2022, 08/25/2022, 09/01/2022 Snfario.ond State of New York. Approximate Amount of Judg- ‘ment is $180,775.56 plus inierest ‘and costs. rremmises will That said newspaper was regularly issued and circulated on sold subject to provisions of filedsd_dudoment inde those dates. During the COVID.19 health emergency, ‘are reaui ‘to comply eat with, Sworn to and subscribed before on 09/01/2022 ‘gover requirements in effect af the time of the sale Including but Wn not tml to, wearing face cover and ‘maintaining social distancing (at least & feet apart) during the auctlon, while tendering deposit and at Legal Cjérle ‘ony subsequent closing. Should @ bidder fail to comply, the Relerge, may refuse to aécept bid, cancel 1 fond hold the bidder in default Notary, te pfW} ‘Brown Bidders ore also. requi comply wit the Farecio- sure Rules ‘and CoviID-W Health, Emergency Rules issued My commisjon expires Gourt of this county In ‘additon fo the conditions. forth Publication Cost: $112.50 the Terms of Sale. Order No: 7604288 # of Copies; ‘Michael Mirras, Esq., Referee Customer No: 798292 1 Au, 18, PO #: 7904288 THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. AMY KOKOTT Notary Public State of Wisconsin Page 1 of 1 7 of 21 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 Affidavit of Service by Mail SUPREME COURT OF THE STATE OF NEW YORK county OF ONTARIO HSBC BANK USA, N.A. Att. File: 611.020738-1 - against - Sale Date: 9/12/2022 Index: 111005/2014 J. JAMES BEMUS, ET AL. JFS Entered: 9/20/2016 I, Linda Cantwell, being duly sworn, deposes and says deponent is not a party to this action and is over the age of eighteen years and resides in the state of New York. That on August 5, 2022, deponent mailed a copy of the NOTICE OF SALE in this action on those defendants listed below by first class mail. Defendants: Michael Mirras, Esq. 54 Fall Street P.O. Box 299 Seneca Falls, NY 13148-0299 ANGELA MOWERY-BEMUS A/K/A ANGELA MOWERY BEMUS 185 Chapin Street Canandaigua, NY 14424 DANIEL BEMUS 185 Chapin Street Canandaigua, NY 14424 New York State Department of Taxation and Finance Civil Enforcement-CO-ATC W. Averell Harriman State Office Campus Building 9 Albany, NY 12227 Unknown Occupants 185 Chapin Street Canandaigua, NY 14424 J. JAMES BEMUS 185 Chapin Street Canandaigua, NY 14424 Said mailing(s) was made to the defendant(s) place of residence if known. If unknown, the mailing was made to the defendant(s) place of employment. If said place of employment was unknown, the mailing was made to the defendant(s) at his/her last known residence. 8 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 The foregoing statements are true, under penalty of perjury. Sworn to before me 8/6[2L. (Date) — Vron Iuirbr Sharon Muratore bre Cp chcee Linda Cantwell Sharon Muratore Notary Public, State of New York No. 01MU6207738 Qualified in Nassau County Commission Expires June 15, 2025 Publications Elite Company Inc. ¢ 333 Earle Ovington Blvd, Suite 225, Uniondale, NY, 11553 Stern & Eisenberg, P.C., Woodbridge Corporation Plaza, 485B Route 1 South, Suite 330, Iselin, NJ 08830 9 of 21 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 NOTICE OF SALE SUPREME COURT ONTARIO COUNTY HSBC BANK USA, N.A., Plaintiff against J. JAMES BEMUS, et al Defendant(s) Attorney for Plaintiff(s) Stern & Eisenberg, P.C., Woodbridge Corporation Plaza, 485B Route 1 South, Suite 330, Iselin, NJ 08830. Pursuant to a Judgment of Foreclosure and Sale entered September 20, 2016, | will sell at public auction to the highest bidder at the Front Steps of the Ontario County Courthouse, 27 North Main Street, Canandaigua NY 14424 on September 12, 2022 at 11:00 AM. Premises known as 185 Chapin Street, Canandaigua, NY 14424. Sec 83.60 Block 2 Lot 86. All that tract or parcel of land, situate in Township 10, Range 3 of the Phelps and Gorham Purchase in the City of Canandaigua, County of Ontario and State of New York. Approximate Amount of Judgment is $180,775.56 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index No 111005/2014, During the COVID-19 health emergency, Bidders are required to comply with all governmental health requirements in effect at the time of the sale including but not limited to wearing face coverings and maintaining social distancing (at least 6-feet apart) during the auction, while tendering deposit and at any subsequent closing. Should a bidder fail to comply, the Referee may refuse to accept any bid, cancel the closing and hold the bidder in default. Bidders are also required to comply with the Foreclosure Auction Rules and COVID-19 Health Emergency Rules issued by the Supreme Court of this County in addition to the conditions set forth in the Terms of Sale. Michael Mirras, Esq., Referee 611.020738-1 10 of 21 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO HSBC BANK USA, N.A. INDEX NO.: ID ONT 111005 PLAINTIFF, PROPERTY ADDRESS: Vv. 185 CHAPIN STREET CANADAIGUA, NY 14424 J. JAMES BEMUS; ANGELA MOWERY- BEMUS A/K/A ANGELA MOWERY BEMUS; Section 83.60 Block 2 Lot 86 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE CIVIL TERMS OF SALE ENFORCEMENT - CO - ATC; DANIEL BEMUS , DEFENDANTS. The premises described in the annexed advertisement of sale will be sold under the direction of Referee, upon the following terms: Ist. Ten percent (10%) of the purchase money of said premises will be required to be paid in cash or certified check 1o the said Referee at the time and place of sale, and for which the Referee's receipt will be given, except where the purchaser is the Plaintiff. Then said deposit is waived in accordance with the terms of the Judgment of Foreclosure and Sale. 2nd. The residue of said purchase money will be required to be paid in cash or by certified check to the Referee at his office on October 12, 2022 when the Referee's deed will be ready for delivery. The closing shall be held no later than 30 days after the date on which this sale was held. Time shall be of the essence as to purchaser only. 3rd. The Referee is not required to send any notice to the purchaser, if purchaser neglects to call at the time and place above specified to receive his/her deed he/she will be in default, unless the Referee shall deem it proper to extend the time for the completion of said purchase. Whether there be an extension granted or a resale pursuant to paragraph 6th hereof, this purchaser will be charged with interest on the whole amount of the purchase price from the date hereof to the date of delivery of the deed. 11 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 4th. All taxes, assessments, water rates and other encumbrances which, at the time of sale, are liens or encumbrances upon said premises will be paid by the Purchaser. Expenses of recording the deed, including but not limited to recording fees, deed stamps, New York State Transfer Tax and New York City Transfer Tax, where applicable, will be paid by the purchaser. In the event purchaser raises any objections to title, Plaintiff shall have the option of providing fee title insurance, at Purchaser's expense, from a title company of Plaintiff's choice authorized to do business in New York State, providing said policy provides insurable title to Purchaser. When offered, Purchaser’s refusal to accept title insurance from Plaintiff’s title company shall constitute a default under the terms of this agreement. Purchaser will not be entitled to seek to vacate the sale due to uninsurable title where title insurance has been offered by Plaintiff's title company. Sth. The Purchaser of said premises will, at the time and place of sale, sign a memorandum of his/her purchase and an agreement to comply with the terms and conditions of sale herein contained. Purchaser is bound by the terms of this agreement and the terms of the Judgment of Foreclosure and Sale. 6th. The bidding will be kept open after the property is struck down; and in case any Purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him/her will be again put up for sale under the direction of the Referee under these same terms of sale, without application to the Court, unless Plaintiff's attorneys shall elect to make such application; and such Purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale, and that for which they may be purchased on the resale, and also for any costs or expenses occurring on such resale. 7th, The Purchaser agrees that this sale is "as is" and subject to the following items, which are neither valid exceptions to clear title nor valid reasons to adjourn the closing: (a) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway; restrictions and easements of record. 12 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 (b) Any state of facts that an accurate survey might disclose, including reapportionment of tax lots or changes to the section, block and lot subsequent to the filing of the Notice of Pendency. Plaintiff is not required to provide a survey. (c) Rights of Tenants, occupants or squatters, if any. Plaintiff makes no representations as to the occupancy status of the property. It shall be the responsibility of the Purchaser to evict or remove any parties in possession of premises. There shall be no adjustment for rents after the date of sale. (d) Prior mortgages, liens or encumbrances, whether or not provided for in the judgment. (e) The right of redemption of the United States of America. (f) Any rights pursuant to CPLR 317, 2003 and 5015, pending litigation in the foreclosure action or any appeal of the underlying action. (g) Any building and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, state, or federal government, or any agency, bureau, commission or department with jurisdiction over the property, and any violations or notices of violations issues by same, including, but not limited to code violations and reapportionment of lot lines. (h) Any orders or requirements issued by any governmental entity having jurisdiction against or affecting said premises and violations of the same, including but not limited to any type of Notice of Pendency filed by same. (i) Any bankruptcy in which there is no automatic stay, pursuant to 11 USC section 362 (c)(4)(A). Plaintiff has no duty or obligation to obtain a comfort order pursuant to 11 USC Section 362 (c)(4)(A)(ii). 13 of 21 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 Gj) Any Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances. (k) Other conditions in the Judgment to the extent that these terms do not contradict or vary any express and overt provisions of said Judgment. (1) Any forbearance, reinstatement or modification agreement or any other agreement to adjourn or postpone the sale entered into between Plaintiff and Defendant prior to holding the sale. 8th. In the event seller is unable to convey title in accordance with the terms of this contract, the sole liability of seller will be to refund the down payment and upon such refund this contract shall be deemed cancelled and neither party shall have any claim against the other. 9th. Should the premises herein be part of a condominium or homeowners association the buyer shall be responsible to pay any open and unpaid common charges to the extent that said charges were not foreclosed by the Judgment. 10th: In case the purchaser shall fail to comply with any of the above conditions of sale, Plaintiff may: (a) In its discretion charge purchaser interest at the rate of nine percent (9%) per annum on the entire purchase price from the date set forth in paragraph FOURTH above until the transfer of the Referee's deed. Said interest may be charged regardless of any adjournment of the closing, or (b) Place the property for resale under the direction of said Referee, without application to the Court, unless the plaintiff's attorneys shall elect to make such application, or (c) Sell the premises to the second highest bidder, in the discretion of the Referee. 14 of 21 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM CTRDMZ2M000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 In the event of resale, Purchaser shall be held liable for the difference between the amount received upon resale and the amount of purchaser's successful bid, plus the costs, expenses and attorney's fees occurring as a result of said resale. Purchaser's deposit shall be applied to said deficiency, with any overage refunded to said purchaser. Purchaser shall be liable for any remaining deficiency. Should plaintiff be the successful bidder at said resale, purchaser agrees to forfeit its entire deposit as liquidated damages. Such forfeiture shall not be a waiver of any rights of plaintiff to seek and obtain other damages as allowed for by law. llth: Neither the Referee nor the Plaintiff shall be liable for nor bound by any verbal or written statements, representations, promises, or guaranty, real estate broker's commissions or information pertaining to the premises furnished by any third party, real estate broker, agent or their employee. Neither the Referee nor the Plaintiff is liable for any express or implied warranties, guaranties, promises or statements of any kind relating in any manner to the premises. All understandings and agreements heretofore had between the parties are merged in these Terms of Sale, which fully and completely express their agreement. These Terms of Sale cannot be changed, terminated or waived orally. These Terms of Sale shall be binding on the Purchaser(s) and any heirs, successors and assigns thereof. 12th: Nothing herein changes Plaintiff’s rights or obligations in the event Plaintiff is the purchaser at the foreclosure sale, 13th: All bidders must comply with the Foreclosure Auction Rules - Seventh Judicial District and the Covid-19 Health Emergency Rules attached hereto for auctions held during the COVID-19 health emergency. Dated: 09/12/2022 Wbjp Go KICHAEL MIRKAS, Referee 15 of 21 CTRDMZ2000TH ONT 111005 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 MEMORANDUM OF SALE The undersigned has this 09/12/2022 purchased the premises more particularly described in the printed advertisement of sale for the sum of Dollars ($_ 9252) and hereby promises and agrees to comply with the terms and conditions of the sale of said premises as above mentioned and set forth. Purchaser: “Nanay Name: Meiraus Fant Address: 13 FStarat Lane Cohandaigua, NY M4424 Telephone: F857 31-7450 E-mail: MP, 385€ bujmail, com ==: a ==: om socom. mm: RECEIVED from Marcus Fran? (“Purchaser”) the sum of ftnthensenel Dollars (_lLOoM yi , being ten percent (10%) of the amount bid by the Purchaser for property sold by me under the Judgment of Foreclosure and Sale in the abov -entifled action, 7 Dated: 09/12/2022 MICHAEL MIRRSS, Referee 16 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 Foreclosure Auction Rules - Seventh Judicial District The following rules shall be applicable for foreclosure auctions held within the Seventh Judicial District and shall be incorporated into the Terms of Sale for foreclosure auctions held within the Seventh Judicial District 1. A successful bidder must have in his/her possession at the time of the bid the full I 0% of the sui bid, in cash or certified or bank check to be made payable to the Referee. 2. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a Memorandum of Sale has been signed, which must be completed immediately following the sale. 3. If a successful bidder fails to immediately pay the deposit and sign the Memorandum of Sale, the Referee will strike the bid and the second-highest bidder shall be permitted to tender the 10% deposit and sign the Memorandum of Sale. 4, Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled no later than thirty (30) days following the auction (unless otherwise stipulated by all parties to the sale) may result in the forfeiture of the 10% deposit. 5. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for lower price in a subsequent sale. 6. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. COVID-19 Health Emergency Rules During the COVID-19 health emergency, the Referee must require the observance of any requirements in effect at the time of the foreclosure auction and at any subsequent closing. Prior to scheduling any auctions, Plaintiffs counsel should confer with the assigned Referee to 17 of 21 CTRDMZ2000TH ONT 111005 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 ascertain whether the Referee wishes to continue to serve as a Referee during the COVID-19 health emergency. Should the Referee not wish to continue to serve as a Referee, the Plaintiffs attorney shall promptly make application to have a Successor Referee appointed. The following must be incorporated into the Terms of Sale for auctions held during the COVID- 19 health emergency: 1. All participants in the foreclosure auction, including bidders and prospective bidders, the Referee, and the Plaintiff's agent must comply with any face covering rule, regulation, or order in effect at the time of the foreclosure auction. The Referee shall refuse to accept any bid placed by a bidder not complying with this requirement Should the Plaintiff's agent fail to comply with this requirement, the Referee shall cancel the auction, and advise Plaintiff's counsel the reason for the cancellation. Should the Referee cancel the auction due to Plaintiff's agent's failure to comply with this requirement, Plaintiff shall not recover any subsequent re-publication costs. 2. All participants shall maintain appropriate social distancing during the auction. The Referee, the successful bidder, and the Plaintiff's agent shall maintain appropriate distancing while executing the Memorandum of Sale and the tendering of the deposit. Only one auction may be conducted at one time. 3. All participants in the closing must comply with any face covering rule, regulation, or order in effect at the time of the closing. Should a bidder fail to comply to comply, the Referee may cancel the closing and hold the bidder in default. 18 of 21 CTRDMZ2000TH ONT 111005 FLEE OUNTARIO COUNTY CLERK 107%472027°C% 24 AM NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2022 — = ~ Bs 2e PE