Preview
FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022
CTD
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
REFEREE'S REPORT OF
Wells Fargo Bank, N.A., SALE
Index No. E65940
Plaintiff,
-against-
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby,
Defendants.
TO THE SUPREME COURT, GENESEE COUNTY:
I, David DiMatteo, Esq., the Referee appointed by the judgment of foreclosure and sale
of this Court, made and entered in the above captioned action on January 6, 2020, to make the
sale of the premises therein described, D O RESPECTFULLY REPORT as follows:
1. I caused due notice of the sale of said premises in one parcel at public auction on
January 19, 2022, to be given and published according to law and the rules and practice of this
court, as fully appears by the affidavits annexed hereto.
2. At the time and place for which the sale was noticed as aforesaid, I attended in
person, and, in accordance with such notice, offered the premises for sale to the highest bidder. I
sold the same to WNY Property Associates, Inc. for the sum of $117,000.00 that being the
highestsum bid therefore and received a deposit in the amount of $12,000.00.
3. I have received the balance of the purchase price from the purchaser and allowed
the following:
a. To LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC pursuant to
the Judgment:
Advertising expenses $596.50
Tax Search Expense $75.00
Costs pursuant to Judgment $2,387.46
Legal fees $2,975.00
b. To Plaintiff pursuant to the Judgment:
Taxes, insurance, etc.
advanced since Report $20,339.04
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Payment towards amount due
on bond/note and mortgage $165,591.03
c. To me as Referee $750.00
d. Credit to Purchaser for Open Water/Sewer $349.94
4. Pursuant to said judgment of foreclosure and sale, I have made, executed and
delivered to WNY Property Associates, Inc., a good and sufficient deed of conveyance of said
mortgaged lands and premises sold.
5. That annexed hereto and made a part of this, my report, is a statement showing
the several items aforesaid and the mode of computation, and that the amount of the deficiency
in the sum of $107,998.08.
Thi rep rt is respectfully submitted.
Dated: , 2022
D id atteo, Esq.
eferee
(17-064902)
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STATE OF NEW YORK )
COUNTY OF 6ENESEE W o m t ) SS:
y
David DiMatteo, Esq., being duly sworn, deposes and says:
That I am 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 y me is in all respects true and correct, and said
report and statement annexed thereto cont a true, accurate and complete report of the
disposition of the proceeds of such sale.
Davi e , Esq.
Sworn to before me this
day of F , 20 as
d
No ary PubÍic
Kim M. Davy
Notary Public, State of New York
No. 01DA6417625
Oualified in Livingston County
Ca=miseien Expires May 17, 20d5
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NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022
VVSÒ Å¶ mÐ
ÁoV WeM î o si 2
SSSUo0Ad I0 o
VinuoO notanniùU ni îlnuo .
. OS ,T f VaM amiq×3.ne.
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STATEMENT OF REFEREE
Amount due on the Note and Mortgage, as per Judgment $165,591.03
Interest thereon from October 10, 2019 to January 6, 2020 @, 4% 1,596.93
Interest thereon from January 7, 2020 to January 19, 2022 @ 9% 30,337.18
Advanced for taxes, assessments, insurance and 20,339.04
property preservation costs
Referee's Fee 750.00
Attorney Fees 2,975.00
Advertising Expenses 596.50
Tax Search Expenses 75.00
Plaintiffs costs, allowances and disbursements 2,387.46
TOTAL DUE 224,648.14
LESS BID AMOUNT 117,000.00
Credit to Purchaser for Open 349.94
Water/Sewer
DEFICIENCY 107,998.08
Dated: ph /f , 2022
David D a eo, Esq.
Referee
17-064902
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
Wells Fargo Bank, N.A.,
Plaintiff(s), TERMS OF S,ALE
v. Index No. E65940
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby,
Defendant(s).
The Premises, known as 6339 Warboys Road, Byron, NY 14422 (Section: 5. Block: 2
Lot: 32), and described in the advertisement of the sale and in Exhibit A annexed hereto, will be
sold in one parcel by the Referee, David DiMatteo, Esq., upon the following terms:
1. Ten percent of the purchase price for the Premises will be required to be paid for
in cash or by a certified check to the Referee at the time and the place of the sale, and for which a
receipt will be given.
2. The balance of said purchase price will be required to be paid in cash or by a
certified check to the Referee at his office at PO Box 190, Warsaw, NY 14569, on February 18,
2022, at 10:00 a.m., or any other location agreed to by the refeme when the Referee's Deed will
Essence"
be delivered. This sale is "Time of the in regard to Purchaser only. The Referee is not
required to send any notice to the Purchaser; and if purchaser fails to call at the time and place
above specified to pay the balance of the purchase price and receive the deed, the Purchaser shall
be in default. The Plaintiff shall have the option, in its sole discretion and without leave of court,
to: (1) adjoum the closing at the request of the purchaser at which time the purchaser will be
charged with interest at the prevailing judgment rate from the original sale date (when the final
bid was accepted by the referee) through the eventual date on the whole emount of the
closing
purchase price as well as assuming responsibility for any and all costs incurred as a result of any
adjournment of the closing, or (2) elect to re-schedule the h+=== sale and the ten percent
17-064902 Terms of Sale Page 1 of 8
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deposit given pechaser to the Referee will be retained the Referee and applied to
(10%) by by
the proceeds of the rescheduled foreclosure.
3. The Purchaser of the Premises, at the time and the place öf sale, shall sign a
Memorandum of his purchase, and an Agreement to comply with the terms and conditions of the
Time is of the Essence sale herein contained, and if a closing is required and the Referee seeks
and is awarded additional fees for said closing, those fees shall be paid by the purchaser.
4. The will be kept open after the premises are struck down, and, in case any
bidding
purchaser shall fail to comply with of the above conditions of the sale, the premises so struck
any
down to him will be again put under the direction of the under these same
up for sale, Referee,
Terms of Sale, without application to this Court (unless the Attorneys for the Plaintiff shall elect
to make such application); and, such purchaser will be held liable for any deficiency there may
be between the sum for which the said premises shall be struck down upon the sale, and the price
for which the premises may be purchased on the resale, plus any costs or expenses incurred for
such resale, and, upon the purchase1's default, the bid deposit shall automatically be forfeited and
applied to the aforesaid deficiency, if any. Such forfeiture shall not be a waiver of any of the
rights of the Plaintiff to seek and obtain damages from the Bidder.
defaulting
5. In case the Plaintiff shall be the purchaser, or in the event that the rights of the
purchaser shall be assigned to and be acquired by the Plaintiff; and a valid Assignment thereof
filed with the Referee, the provisions of the Judgment of Foreclosure and Sale entered herein,
insefr as they relate to such a purchase by or Assignment to the Plaintiff, shall be deamed
included in these Terms of Sale, with the same force and effect as if fully set forth at length.
is"
6. The Premises shall be sold in an "as physical condition and subject to:
(a) The terms and provisions of the Judgment of Foreclosure and Sale are
incorporated by reference herein, with the same effect as fully set forth herein;
17-064902 Terms of Sale Page 2 of 8
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state of facts an accurate Survey would show;
(b) Any
restrictions and Easements, if any, of record affecting said
(c) Covenants,
mortgaged Premises;
violation of reconi thereof, and to Zoning Regulations and
(d) Any
Ordinances of the City, Town, or Village in which said mortgaged Premises lie, and any
violations of record thereof, or prior liens, if any;
(e) The rights, if any, of the United States of America, pursuant to Title 28,
Section 2410 of the United States Code;
(f) and all tenancies, possessory interests and/or leases affecting said
Any
premises whether or not they were made party defendants; and
(g) The rights of any defendants pmuant to CPLR §317, CPLR §2003 and
CPLR §5015, if any.
7. No Abstract of Title, stub search, or survey will be furn.ished. All Title and/or
Abstract recreation or redating charges are the respemibility of the Purchaser. All of the
expemes of recording the Referee's Deed, including, but not limited to, all of the Deed stamps
transfer taxes, and fees, if any, shall be paid for by the Purchaser.
recording
8. The Title Insurance, if any, shall be paid for by the Purchaser. In the event that
the Purchaser raises any written objections to the Title, the Plaintiff shall have the option of
providing Fee Title Insu=ace from a Title Insurance Company of its choice, ensuring insurable
Title. The premium for such a Fee Title Insurance Policy shall be paid for by the Purchaser.
9. At or before the time of making a bid, the Bidder, if other than the Plaintiff, shall
exhibit to the Referee cash or certified check(s) for at least ten percent (10%) of the amount of
the bid and also identify themselves with name, address, and phone number.
10. Any sums advanced by Plaintiff or its agents after the sale and prior to the
17-064902 Terms of Sale Page 3 of 8
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recording of the Deed for taxes, inspections, maintenance, preservation, etc., shall be reimbursed
to Plaintiff at the time of the sale by the purchaser of the property.
I1. Plaintiff or its assignees shall not be responsible for any damage occurring to the
property after the foreclosure sale.
Dated:
David bi atteo, Esq.,
Referee
17-064902 Terms of Sale Page 4 of 8
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MEMORANDUM OF SALE
áCR 042-4A
() ( 9 CỾr3 r3 p S has this date agreed to purchase the Premises
Abou:»nd
O co
5 °9150
described in the annexed printed advertisement of the sale for the sum of $ , for
which a deposit of $ has been received, and promises and agrees to
hereby
b€A\R2hou5 Gn dLOncts°oh co
with the terms and conditions of the sale of said P emises, as above-mentioned and set
comply
forth.
Ó
- -
Dated:
I avid Dil latteo, Esq.,
Referee
Purchaser int e
Purchase s sigriature
Purchaser's Telephone Number
Ab aEunneon
Purchaser's Email Address
Êf Ct, C
Purchaser's Address
Purchaser s Attorney
bb('fCn
Print Name
Attorney's Telephone Nürater
Cu ,\ ØCg h/ylf , COT4
Attorney's Email Äddress
17-064902 Terms of Sale Page 5 of 8
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RECEIPT
Received from ($fŸ f Ï(ÂÓte sum of $ ,
ae\ve cu¾nd ddlars °°//c0
being ten percent of the amount of the bid for the property sold by me under the Judgment in the
above-entitled action.
Dated:
Da i i o, Esq.,
Refer
PLAINTIFF'S RECEIPT
The ten percent depesit is waived.
David DiMatteo, Esq.,
Referee
Print Name
LOGS Legal Group LLP f/k/a Shapiro, DiCaro &
Barak, LLC
Atterñcys for the Plaintiff
17-064902 Terms of Sale Page 6 of 8
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INDEX 02/17/2022
NO. E65940
|FILED : GENESEE COUNTY CLERK 12 /10 /2021 10 : 34 AM|
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OENESEE
Index # E65940
Wells Fargo Bank, N.A.
Plaintiff
against- AFFIDAVIT OF SERVICE
BY MAIL ·
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby
Defendant(s)
5TATE OF NEW YORK)
COUNTY OF MONROE) ss.:
I, Caralyn Camarata, being sworn, say: I am not a party to this action; I am over 18 years
of age, I reside in Rochester, New York.
On December 10, 2021, I served a Notice of Sale on the following:
David DiMattee,Esq.
PO Box 190
Warsaw, NY 14569
Tracy Crosby
596 Surrey Hill Way
Rochester, NY 14623
Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack
3105B McDonald Avenue
springdale, AR 72762-1541
Current Occupant
6339 Warboys Road
Byron, NY 14422
17-064902 AffldavitofServicebyMail Page 1 of2
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NYSCEF NO. E65940
FILED DOC.
:
NO. 45
GENESEE COUNTY CLERK 12/10/2021 10:34 AM|
RECEIVED NYSCEF:
INDEX 02/17/2022
NYSCEF DoC. NO. 44 RECEIVED NYSCEF: 12/10/2021
The address designated by said attorney(s) for that purpose by depositing a true copy ofsame
enclosed in a po id addressed in an official the exclusive
p properly wrapper, depository under,
care and custody of the United States Postal Service within the State of New York.
Date: December I0, 202I
Caralyn Camarata
Foreclosure Assistant
LOGS Legal Group LLP f/k/a Shapiro,
DiCaro & Barak, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
Sworn befoi me this
day of Dio _, 202
t. K EL
Notary Public
SEyoRK
NOTARY PUBLIC
rtts uno
17-064902 Affidavit of Service by Mail Page 2 of2
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E65940
FILED DOC.
:
NO. 45
GENESEE COUNTY CLERK 12 /10 / 2021 10 : 34 AM) RECEIVED NYSCEF:
RECEIVED NYSCEF: 12/10/2021
NYSCEF DOC. NO. 43
NOTICE OF SALE
SUPREME COURT COUNTY OF GENESEE
Wells Fargo Bank, N.A., Plaintiff
AGAINST
.
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, Defendant(s)
Pursuant to a Judgment of Foreclosure and Sale duly dated December 20, 2019 I, the undersigned
Referee will sell at public auction at the Genesee County Court Facility, Lobby, I West Main St,
Preview
FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 CTD SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE REFEREE'S REPORT OF Wells Fargo Bank, N.A., SALE Index No. E65940 Plaintiff, -against- Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, Defendants. TO THE SUPREME COURT, GENESEE COUNTY: I, David DiMatteo, Esq., the Referee appointed by the judgment of foreclosure and sale of this Court, made and entered in the above captioned action on January 6, 2020, to make the sale of the premises therein described, D O RESPECTFULLY REPORT as follows: 1. I caused due notice of the sale of said premises in one parcel at public auction on January 19, 2022, to be given and published according to law and the rules and practice of this court, as fully appears by the affidavits annexed hereto. 2. At the time and place for which the sale was noticed as aforesaid, I attended in person, and, in accordance with such notice, offered the premises for sale to the highest bidder. I sold the same to WNY Property Associates, Inc. for the sum of $117,000.00 that being the highestsum bid therefore and received a deposit in the amount of $12,000.00. 3. I have received the balance of the purchase price from the purchaser and allowed the following: a. To LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC pursuant to the Judgment: Advertising expenses $596.50 Tax Search Expense $75.00 Costs pursuant to Judgment $2,387.46 Legal fees $2,975.00 b. To Plaintiff pursuant to the Judgment: Taxes, insurance, etc. advanced since Report $20,339.04 1 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 Payment towards amount due on bond/note and mortgage $165,591.03 c. To me as Referee $750.00 d. Credit to Purchaser for Open Water/Sewer $349.94 4. Pursuant to said judgment of foreclosure and sale, I have made, executed and delivered to WNY Property Associates, Inc., a good and sufficient deed of conveyance of said mortgaged lands and premises sold. 5. That annexed hereto and made a part of this, my report, is a statement showing the several items aforesaid and the mode of computation, and that the amount of the deficiency in the sum of $107,998.08. Thi rep rt is respectfully submitted. Dated: , 2022 D id atteo, Esq. eferee (17-064902) 2 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 STATE OF NEW YORK ) COUNTY OF 6ENESEE W o m t ) SS: y David DiMatteo, Esq., being duly sworn, deposes and says: That I am 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 y me is in all respects true and correct, and said report and statement annexed thereto cont a true, accurate and complete report of the disposition of the proceeds of such sale. Davi e , Esq. Sworn to before me this day of F , 20 as d No ary PubÍic Kim M. Davy Notary Public, State of New York No. 01DA6417625 Oualified in Livingston County Ca=miseien Expires May 17, 20d5 3 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 VVSÒ Å¶ mÐ ÁoV WeM î o si 2 SSSUo0Ad I0 o VinuoO notanniùU ni îlnuo . . OS ,T f VaM amiq×3.ne. 4 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 STATEMENT OF REFEREE Amount due on the Note and Mortgage, as per Judgment $165,591.03 Interest thereon from October 10, 2019 to January 6, 2020 @, 4% 1,596.93 Interest thereon from January 7, 2020 to January 19, 2022 @ 9% 30,337.18 Advanced for taxes, assessments, insurance and 20,339.04 property preservation costs Referee's Fee 750.00 Attorney Fees 2,975.00 Advertising Expenses 596.50 Tax Search Expenses 75.00 Plaintiffs costs, allowances and disbursements 2,387.46 TOTAL DUE 224,648.14 LESS BID AMOUNT 117,000.00 Credit to Purchaser for Open 349.94 Water/Sewer DEFICIENCY 107,998.08 Dated: ph /f , 2022 David D a eo, Esq. Referee 17-064902 5 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE Wells Fargo Bank, N.A., Plaintiff(s), TERMS OF S,ALE v. Index No. E65940 Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, Defendant(s). The Premises, known as 6339 Warboys Road, Byron, NY 14422 (Section: 5. Block: 2 Lot: 32), and described in the advertisement of the sale and in Exhibit A annexed hereto, will be sold in one parcel by the Referee, David DiMatteo, Esq., upon the following terms: 1. Ten percent of the purchase price for the Premises will be required to be paid for in cash or by a certified check to the Referee at the time and the place of the sale, and for which a receipt will be given. 2. The balance of said purchase price will be required to be paid in cash or by a certified check to the Referee at his office at PO Box 190, Warsaw, NY 14569, on February 18, 2022, at 10:00 a.m., or any other location agreed to by the refeme when the Referee's Deed will Essence" be delivered. This sale is "Time of the in regard to Purchaser only. The Referee is not required to send any notice to the Purchaser; and if purchaser fails to call at the time and place above specified to pay the balance of the purchase price and receive the deed, the Purchaser shall be in default. The Plaintiff shall have the option, in its sole discretion and without leave of court, to: (1) adjoum the closing at the request of the purchaser at which time the purchaser will be charged with interest at the prevailing judgment rate from the original sale date (when the final bid was accepted by the referee) through the eventual date on the whole emount of the closing purchase price as well as assuming responsibility for any and all costs incurred as a result of any adjournment of the closing, or (2) elect to re-schedule the h+=== sale and the ten percent 17-064902 Terms of Sale Page 1 of 8 6 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF. DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 deposit given pechaser to the Referee will be retained the Referee and applied to (10%) by by the proceeds of the rescheduled foreclosure. 3. The Purchaser of the Premises, at the time and the place öf sale, shall sign a Memorandum of his purchase, and an Agreement to comply with the terms and conditions of the Time is of the Essence sale herein contained, and if a closing is required and the Referee seeks and is awarded additional fees for said closing, those fees shall be paid by the purchaser. 4. The will be kept open after the premises are struck down, and, in case any bidding purchaser shall fail to comply with of the above conditions of the sale, the premises so struck any down to him will be again put under the direction of the under these same up for sale, Referee, Terms of Sale, without application to this Court (unless the Attorneys for the Plaintiff shall elect to make such application); and, such purchaser will be held liable for any deficiency there may be between the sum for which the said premises shall be struck down upon the sale, and the price for which the premises may be purchased on the resale, plus any costs or expenses incurred for such resale, and, upon the purchase1's default, the bid deposit shall automatically be forfeited and applied to the aforesaid deficiency, if any. Such forfeiture shall not be a waiver of any of the rights of the Plaintiff to seek and obtain damages from the Bidder. defaulting 5. In case the Plaintiff shall be the purchaser, or in the event that the rights of the purchaser shall be assigned to and be acquired by the Plaintiff; and a valid Assignment thereof filed with the Referee, the provisions of the Judgment of Foreclosure and Sale entered herein, insefr as they relate to such a purchase by or Assignment to the Plaintiff, shall be deamed included in these Terms of Sale, with the same force and effect as if fully set forth at length. is" 6. The Premises shall be sold in an "as physical condition and subject to: (a) The terms and provisions of the Judgment of Foreclosure and Sale are incorporated by reference herein, with the same effect as fully set forth herein; 17-064902 Terms of Sale Page 2 of 8 7 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 state of facts an accurate Survey would show; (b) Any restrictions and Easements, if any, of record affecting said (c) Covenants, mortgaged Premises; violation of reconi thereof, and to Zoning Regulations and (d) Any Ordinances of the City, Town, or Village in which said mortgaged Premises lie, and any violations of record thereof, or prior liens, if any; (e) The rights, if any, of the United States of America, pursuant to Title 28, Section 2410 of the United States Code; (f) and all tenancies, possessory interests and/or leases affecting said Any premises whether or not they were made party defendants; and (g) The rights of any defendants pmuant to CPLR §317, CPLR §2003 and CPLR §5015, if any. 7. No Abstract of Title, stub search, or survey will be furn.ished. All Title and/or Abstract recreation or redating charges are the respemibility of the Purchaser. All of the expemes of recording the Referee's Deed, including, but not limited to, all of the Deed stamps transfer taxes, and fees, if any, shall be paid for by the Purchaser. recording 8. The Title Insurance, if any, shall be paid for by the Purchaser. In the event that the Purchaser raises any written objections to the Title, the Plaintiff shall have the option of providing Fee Title Insu=ace from a Title Insurance Company of its choice, ensuring insurable Title. The premium for such a Fee Title Insurance Policy shall be paid for by the Purchaser. 9. At or before the time of making a bid, the Bidder, if other than the Plaintiff, shall exhibit to the Referee cash or certified check(s) for at least ten percent (10%) of the amount of the bid and also identify themselves with name, address, and phone number. 10. Any sums advanced by Plaintiff or its agents after the sale and prior to the 17-064902 Terms of Sale Page 3 of 8 8 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 recording of the Deed for taxes, inspections, maintenance, preservation, etc., shall be reimbursed to Plaintiff at the time of the sale by the purchaser of the property. I1. Plaintiff or its assignees shall not be responsible for any damage occurring to the property after the foreclosure sale. Dated: David bi atteo, Esq., Referee 17-064902 Terms of Sale Page 4 of 8 9 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 MEMORANDUM OF SALE áCR 042-4A () ( 9 CỾr3 r3 p S has this date agreed to purchase the Premises Abou:»nd O co 5 °9150 described in the annexed printed advertisement of the sale for the sum of $ , for which a deposit of $ has been received, and promises and agrees to hereby b€A\R2hou5 Gn dLOncts°oh co with the terms and conditions of the sale of said P emises, as above-mentioned and set comply forth. Ó - - Dated: I avid Dil latteo, Esq., Referee Purchaser int e Purchase s sigriature Purchaser's Telephone Number Ab aEunneon Purchaser's Email Address Êf Ct, C Purchaser's Address Purchaser s Attorney bb('fCn Print Name Attorney's Telephone Nürater Cu ,\ ØCg h/ylf , COT4 Attorney's Email Äddress 17-064902 Terms of Sale Page 5 of 8 10 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/17/2022 RECEIPT Received from ($fŸ f Ï(ÂÓte sum of $ , ae\ve cu¾nd ddlars °°//c0 being ten percent of the amount of the bid for the property sold by me under the Judgment in the above-entitled action. Dated: Da i i o, Esq., Refer PLAINTIFF'S RECEIPT The ten percent depesit is waived. David DiMatteo, Esq., Referee Print Name LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC Atterñcys for the Plaintiff 17-064902 Terms of Sale Page 6 of 8 11 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: INDEX 02/17/2022 NO. E65940 |FILED : GENESEE COUNTY CLERK 12 /10 /2021 10 : 34 AM| NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OENESEE Index # E65940 Wells Fargo Bank, N.A. Plaintiff against- AFFIDAVIT OF SERVICE BY MAIL · Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby Defendant(s) 5TATE OF NEW YORK) COUNTY OF MONROE) ss.: I, Caralyn Camarata, being sworn, say: I am not a party to this action; I am over 18 years of age, I reside in Rochester, New York. On December 10, 2021, I served a Notice of Sale on the following: David DiMattee,Esq. PO Box 190 Warsaw, NY 14569 Tracy Crosby 596 Surrey Hill Way Rochester, NY 14623 Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack 3105B McDonald Avenue springdale, AR 72762-1541 Current Occupant 6339 Warboys Road Byron, NY 14422 17-064902 AffldavitofServicebyMail Page 1 of2 1 of 2 12 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF NO. E65940 FILED DOC. : NO. 45 GENESEE COUNTY CLERK 12/10/2021 10:34 AM| RECEIVED NYSCEF: INDEX 02/17/2022 NYSCEF DoC. NO. 44 RECEIVED NYSCEF: 12/10/2021 The address designated by said attorney(s) for that purpose by depositing a true copy ofsame enclosed in a po id addressed in an official the exclusive p properly wrapper, depository under, care and custody of the United States Postal Service within the State of New York. Date: December I0, 202I Caralyn Camarata Foreclosure Assistant LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380 Sworn befoi me this day of Dio _, 202 t. K EL Notary Public SEyoRK NOTARY PUBLIC rtts uno 17-064902 Affidavit of Service by Mail Page 2 of2 2 o f 2 13 of 19 FILED: GENESEE COUNTY CLERK 02/17/2022 12:20 PM INDEX NO. E65940 NYSCEF INDEX NO.02/17/2022 E65940 FILED DOC. : NO. 45 GENESEE COUNTY CLERK 12 /10 / 2021 10 : 34 AM) RECEIVED NYSCEF: RECEIVED NYSCEF: 12/10/2021 NYSCEF DOC. NO. 43 NOTICE OF SALE SUPREME COURT COUNTY OF GENESEE Wells Fargo Bank, N.A., Plaintiff AGAINST . Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, Defendant(s) Pursuant to a Judgment of Foreclosure and Sale duly dated December 20, 2019 I, the undersigned Referee will sell at public auction at the Genesee County Court Facility, Lobby, I West Main St,