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NYSCEF DOC. NO. 74 03/27/2023
RECEIVED NYSCEF: 12/01/2023
SUPREME COURT OF THE STATE OF NEW YORK 01-050582-F00
COUNTY OF KINGS
__________________..________________________________________ Ç
US Bank National Association, as Trustee for Citigroup
Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass-
Through Certificates Series 2006-HE3,
RE FEREE'S REPORT
Plaintiff, OF SALE
-against- Index No.: 28641/2007
Patresha Walker, Deutsche Balk National Trust Company,
as Trustee of Ameriquest Mortgage Asset-
Securitics, Inc.,
Backed Pass Through Certificates, Series 2004-W2 under
the Pooling and Servicing Agreement Dated ..., Household
Finance Corporation LLC, Mortgage Electronic Registration
Systems, Inc. as Nominee for New Century Mortgage
Corporation, Municipal Credit Union, New York City
Environmental Control Board, New York City Transit
Adjudication Bureau,
Defendants.
_____________________________.____________________-_________ x
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF UNGS
I, James M. Caffrey, Esq., the Referee appointed by the Judgment made and entered in this
action, entered on April 02, 2018 to sell the mortgaged premises therein particularly described, do
respectfully report as follows:
FIRST: That I caused due notice of the time and date of sale of said mortgaged premises
to be given and published according to law and the rules and practice of this Court, as will fully
appear by the affidavits annexed, and the sale was had at 1 1:50 a.m. on March I6, 2023 at Kings
County Supreme Court, 360 Adams Street, Brooklyn, NY.
SECOND: That at the time and place for which said sale was noticed, as aforesaid, I
attended in person, and in accordance with such notice, offered the said mortgaged premises for
sale to the highest bidder, and sold the same to US Bank National Association, as Trustee for
Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass-Through Certificates Series
2006-HE3 for the sum of $690,395.25 that being the highest sum bid therefor.
THIRD: That at the time of the aforementioned sale, the purchaser gave me a down
payment of $_WAIVED_, ten (10%) percent of the Amount of the successful bid.
FOURTH: That I have received my fee for such sale.
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FIFTH: That the Plaintiff has paid for advertising expenses, as shown by the bill(s)
annexed hereto.
SIXTH: That I have made. executed and delivered to said purchaser's attorney a good and
sufficient deed of conveyance for the said mortgaged premises so sold.
SEVENTH: That the following statement made a part of this report, shows the several
items aforesaid and the manner of computation:
STATEMENT
Amount due to Plaintiff as per Judgment.....................................................5 895,672.00
Interest on Judgment Amount from 10/6/15 through 4/2/18 at 7.925% $ 176,967.70
Interest on Judgment Amount fi-om 4/3/18 through 4/29/22 at 9.0% $ 328,624.80
Interest on Judgment Amount from 4/30/22 through 3/16/23 at 2.0% $ 15,754.68
Plaintiffs costs and disbursements.... $ 1,620.00
Plaintiffs additional allowance......... $ 250.00
Interest on Costs, Disbursements and Additional Allowance fiom Judgment
to sale date (4/3/l 8 through 4/29/22) at 9.0% $ 684.18
Interest on Costs. Disbursements and Additional Allowance from Judgment
to sale date (4/30/22 through 3/16/23) at 2.0% $ 32.10
Legal Fees awarded as per Judgment.......................................................... $ 2,500.00
Escrow Advances ........................................................................................$ 74,566.22
Preservation ................................................................................................$ 0.00
Referee's fee to sell......................................................................................$ 1,000.00
Advertising expense...................... ............................................................. $ 4,281.00
Sub-Total Sl,501,952.98
Liens Pursuant to RPAPL §l354
Real Estate Taxes ........................................................................................$ 23,362.63
Water/Sewer Liens ......................................................................................$ 47,070.81
Total $1,572,386.42
LESS: Purchase price................................................................................, S(690,395.25)
DEFICIENCY $881,991.17
DATED
ames M. Caffrey ..
Referee
Our File No.:01-050582-F00
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________-________________--_______________________________--- x
US Bank National Association, as Trustee for Citigroup
Mortgage Loan Inc. Asset-Backed Pass-
Trust, 2006-HE3,
Through Certificates Series 2006-HE3,
REFEREE'S OATH
Plaintiff,
-against- Index No.: 28641/2007
Patresha Walker, Deutsche Bank National Trust Company.
as Trustee of Ameriquest Mortgage Securities, Inc., Asset-
Backed Pass Through Certificates, Series 2004-W2 under
the Pooling and Servicing Agreement Dated ..., Household
Finance Corporation LLC, Mortgage Electronic Registration
Systems, Inc. as Nominee for New Century Mortgage
Corporation, Municipal Credit Union, New York City
Environmental Control Board, New York City Transit
Adjudication Bureau,
Defendants.
___________________________________________.._________________________ Ç
1, James M. Caffrey, Esq., the Referee, 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 amlexed Report of Sale signed by me is in all respects true and correct, and said
Report and Statement annexed thereto contains a true, accurate and complete report of the
disposition of the proceeds of such sale.
J e affrey Esq Referee
Sworn to before me this
st'
/ ......
day of y , 20 3
BIJAN MIRABELLA
YORK
,...- NCTTARYPUBLIC, STATEOF NEW
RegistrationNo, 01MI6369455
Qualifiedin Kings County
ary Public CommissionExpires
My
Our File No.:01-050582-F00
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------- X
US Bank National Association, as Trustee for Citigroup
Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass-
Through Certificates Series 2006-HE3,
Plaintiff, AFFIRMATION
-against- Index No.: 28641/2007
Patresha Walker, Deutsche Bank National Trust Company, as
Trustee of Ameriquest Mortgage Securities, Inc., Asset-
Backed Pass Through Certificates, Series 2004-W2 under the
Pooling and Servicing Agreement Dated ..., Household
Finance Corporation LLC, Mortgage Electronic Registration
Systems, Inc. as Nominee for New Century Mortgage
Corporation, Municipal Credit Union, New York City
Environmental Control Board, New York City Transit
Adjudication Bureau,
Defendants.
---------------------------------------------------------------------- X
Robert Tremaroli, Esq., an attorney duly admitted to practice law before the courts of the
State of New York, affirms the following under penalty of perjury:
1) That I am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman &
Gordon, LLP and as such I am fully familiar with all the facts and circumstances set forth herein.
2) This affirmation is submitted to induce the referee, James M. Caffrey, Esq., to sign
the Referee’s Report of Sale and related documents.
3) That Specialized Loan Servicing, LLC, as servicing agent for US Bank National
Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass-
Through Certificates Series 2006-HE3, has duly made the escrow advances and other related fees
to protect the property as outlined in the Report of Sale.
4) That said advances are paid on a bulk scale and consequently individual receipts are
not available.
5) The escrow advances and other related fees reflected in the Referee’s Report of
Sale come from the books and records of plaintiff prepared and maintained in the ordinary course
of business and your affirmant believes same to be true and accurate.
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WHEREFORE, it is respectfully requested that James M. Caffrey, Esq., as referee, sign the
Referee’s Report of Sale forthwith.
Dated: Bay Shore, New York
March 15, 2023
By: Robert Tremaroli, Esq.
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP
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SUPREME COURT OF THE STATE OF NEW YORK 01-050582-F00
COUNTV OF KINGS
_____________________________________________________________ Ç
US Bart National Association, as Trustee for Citigroup
Mortgage Loan Trust, Inc, 2006-HE3, Asset-Backed Pass-
Through Certificates Series 2006-HE3,
Plaintiff, TERMS OF SALE
-against- Index No.: 28641/2007
Patresha Walker, Deutsche Bank National Trust Company, as
Trustee of Ameriquest Mortgage Asset-
Securities, Inc.,
Backed Pass Through Certificates, Series 2004-W2 under the
Pooling and Servicing Agreement Dated..., Household Finance
Corporation LLC, Mortgage Electronic Registration Systems,
Inc. as Nominee for New Century Mortgage Corporation,
Municipal Credit Union, New York City Environmental
Control Board, New York City Transit Adjudication Bureau,
Defendants.
____________________________________________________________________ x
The premises described in the within Affidavit of Publication (hereinafter referred to as the
"premises") will be sold under the direction of James M. Caffrey, Esq., referee, pursuant to the
following terms:
1. Ten percent (10%) ofthe amount ofthe bid accepted will be required to be paid to the
referee at the time and place of sale in fonn acceptable to the referee for which the referee's receipt
will be given. Ifthe plaintiffshould be the successful bidder the 10% deposit shall be deemed waived.
The residue of said purchase money, and any interest due pursuant to these terms, will
be required to be paid by certified, bank or cashier's check to the said referee at 1 1 I John Street,
17*
New York, NY 10038, on the day of March, 2023 when the referee's deed will be ready. TIME
IS OF THE ESSENCE to the purchaser only as to the closing date.
(a) 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 refiase 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 he 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.
(b) 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.
(c) All participants in the closing must comply with any face covering rule, regulation, or order
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in effect at the time of the closing. Should a bidder fail to comply, the Referee cancel the
may closing
and hold the bidder in default.
3. The referee is not required to send notice to the purchaser. If purchaser fails to
any
be present at the time and place above specified to receive the Purchaser will be in default. In
deed,
the event that the Plaintiff or its attorneys shall deem it proper to extend the time for the completion
of said purchase, such extension shall be granted on the terms and conditions:
only following (a)
Purchaser shall deposit an additional down payment of ten percent of the purchase price with
(10%)
the referee; and (b) Purchaser shall interest at the highest legal rate of interest on the total
pay debt,
fiom the date of sale up through and the date of closing; and loss or damage to the
including (c) any
premises during the period of such extension shall be borne the purchaser. TIME IS OF THE
by
ESSENCE, with respect to any extended closing date, as against the purchaser only.
4. The successful bidder is purchasing said with the knowledge that said sale is
property
NOT conditioned upon, or subject to, the bidder obtaining financing. Failure of the successful bidder
to remit the balance of the bid within the time frames given by the plaintiff shall constitute a default
and shall result in the forfeiture of the purchascr's deposit.
5. The purchaser of said premises, or any portion thereof, will at the time and place of
sale, sign a memorandum of his/her purchase and an agreement to with the terms and
comply
conditions of sale herein contained.
6. The bidding will be kept open after the is struck down and in case
property any
purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down
to him will be again put up for sale under the direction of said referee under these same terms of sale,
without application to the Court. However, the referee reserves the right to sell the premises to the
second highest bidder at said sale and forego the
putting premises up for sale again. In the event of
a default under the terms and all deposits shall be retained
by purchaser(s) hereof, any by Plaintiff as
liquidated damages and such purchaser shall be held liable for there be, above the
any deficiency may
retained down payment, for the sum for which said premises shall be struck down upon the sale and
that for which they may be purchased on resale, and also for all costs and expenses on such
occurring
resale.
7. The referee is authorized to accept a written bid from the plaintiff or the plaintiff's
attorneys, which bid will be considered as the opening bid, just as though the plaintiff appeared in
person.
is"
8. The premises are being sold in "as condition, without representations either
any
express or implied and subject to:
(a) All taxes, assessments and water rates which are, at this time, not a lien on the
premises, together with such interest or penalties as may have lawfully accrued thereon to the date of
payment;
(b) 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;
(c) Any state of facts that an accurate, currently dated survey might disclose;
(d) Any and alltenancies, possessory interests and/or leases said premises
affecting
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not made party defendants. It shall be the responsibility of the purchaser to evict or remove any
parties in possession of the premises being foreclosed herein;
(e) The right of redemption of the United States of America, or any other federal
governmental agency or entity, if any;
(f) Any prior judgments, liens and mortgages of record;
Preview
03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 SUPREME COURT OF THE STATE OF NEW YORK 01-050582-F00 COUNTY OF KINGS __________________..________________________________________ Ç US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass- Through Certificates Series 2006-HE3, RE FEREE'S REPORT Plaintiff, OF SALE -against- Index No.: 28641/2007 Patresha Walker, Deutsche Balk National Trust Company, as Trustee of Ameriquest Mortgage Asset- Securitics, Inc., Backed Pass Through Certificates, Series 2004-W2 under the Pooling and Servicing Agreement Dated ..., Household Finance Corporation LLC, Mortgage Electronic Registration Systems, Inc. as Nominee for New Century Mortgage Corporation, Municipal Credit Union, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Defendants. _____________________________.____________________-_________ x TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF UNGS I, James M. Caffrey, Esq., the Referee appointed by the Judgment made and entered in this action, entered on April 02, 2018 to sell the mortgaged premises therein particularly described, do respectfully report as follows: FIRST: That I caused due notice of the time and date of sale of said mortgaged premises to be given and published according to law and the rules and practice of this Court, as will fully appear by the affidavits annexed, and the sale was had at 1 1:50 a.m. on March I6, 2023 at Kings County Supreme Court, 360 Adams Street, Brooklyn, NY. SECOND: That at the time and place for which said sale was noticed, as aforesaid, I attended in person, and in accordance with such notice, offered the said mortgaged premises for sale to the highest bidder, and sold the same to US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass-Through Certificates Series 2006-HE3 for the sum of $690,395.25 that being the highest sum bid therefor. THIRD: That at the time of the aforementioned sale, the purchaser gave me a down payment of $_WAIVED_, ten (10%) percent of the Amount of the successful bid. FOURTH: That I have received my fee for such sale. 1 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 FIFTH: That the Plaintiff has paid for advertising expenses, as shown by the bill(s) annexed hereto. SIXTH: That I have made. executed and delivered to said purchaser's attorney a good and sufficient deed of conveyance for the said mortgaged premises so sold. SEVENTH: That the following statement made a part of this report, shows the several items aforesaid and the manner of computation: STATEMENT Amount due to Plaintiff as per Judgment.....................................................5 895,672.00 Interest on Judgment Amount from 10/6/15 through 4/2/18 at 7.925% $ 176,967.70 Interest on Judgment Amount fi-om 4/3/18 through 4/29/22 at 9.0% $ 328,624.80 Interest on Judgment Amount from 4/30/22 through 3/16/23 at 2.0% $ 15,754.68 Plaintiffs costs and disbursements.... $ 1,620.00 Plaintiffs additional allowance......... $ 250.00 Interest on Costs, Disbursements and Additional Allowance fiom Judgment to sale date (4/3/l 8 through 4/29/22) at 9.0% $ 684.18 Interest on Costs. Disbursements and Additional Allowance from Judgment to sale date (4/30/22 through 3/16/23) at 2.0% $ 32.10 Legal Fees awarded as per Judgment.......................................................... $ 2,500.00 Escrow Advances ........................................................................................$ 74,566.22 Preservation ................................................................................................$ 0.00 Referee's fee to sell......................................................................................$ 1,000.00 Advertising expense...................... ............................................................. $ 4,281.00 Sub-Total Sl,501,952.98 Liens Pursuant to RPAPL §l354 Real Estate Taxes ........................................................................................$ 23,362.63 Water/Sewer Liens ......................................................................................$ 47,070.81 Total $1,572,386.42 LESS: Purchase price................................................................................, S(690,395.25) DEFICIENCY $881,991.17 DATED ames M. Caffrey .. Referee Our File No.:01-050582-F00 2 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________-________________--_______________________________--- x US Bank National Association, as Trustee for Citigroup Mortgage Loan Inc. Asset-Backed Pass- Trust, 2006-HE3, Through Certificates Series 2006-HE3, REFEREE'S OATH Plaintiff, -against- Index No.: 28641/2007 Patresha Walker, Deutsche Bank National Trust Company. as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-W2 under the Pooling and Servicing Agreement Dated ..., Household Finance Corporation LLC, Mortgage Electronic Registration Systems, Inc. as Nominee for New Century Mortgage Corporation, Municipal Credit Union, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Defendants. ___________________________________________.._________________________ Ç 1, James M. Caffrey, Esq., the Referee, 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 amlexed Report of Sale signed by me is in all respects true and correct, and said Report and Statement annexed thereto contains a true, accurate and complete report of the disposition of the proceeds of such sale. J e affrey Esq Referee Sworn to before me this st' / ...... day of y , 20 3 BIJAN MIRABELLA YORK ,...- NCTTARYPUBLIC, STATEOF NEW RegistrationNo, 01MI6369455 Qualifiedin Kings County ary Public CommissionExpires My Our File No.:01-050582-F00 3 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------- X US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass- Through Certificates Series 2006-HE3, Plaintiff, AFFIRMATION -against- Index No.: 28641/2007 Patresha Walker, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-W2 under the Pooling and Servicing Agreement Dated ..., Household Finance Corporation LLC, Mortgage Electronic Registration Systems, Inc. as Nominee for New Century Mortgage Corporation, Municipal Credit Union, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Defendants. ---------------------------------------------------------------------- X Robert Tremaroli, Esq., an attorney duly admitted to practice law before the courts of the State of New York, affirms the following under penalty of perjury: 1) That I am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP and as such I am fully familiar with all the facts and circumstances set forth herein. 2) This affirmation is submitted to induce the referee, James M. Caffrey, Esq., to sign the Referee’s Report of Sale and related documents. 3) That Specialized Loan Servicing, LLC, as servicing agent for US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass- Through Certificates Series 2006-HE3, has duly made the escrow advances and other related fees to protect the property as outlined in the Report of Sale. 4) That said advances are paid on a bulk scale and consequently individual receipts are not available. 5) The escrow advances and other related fees reflected in the Referee’s Report of Sale come from the books and records of plaintiff prepared and maintained in the ordinary course of business and your affirmant believes same to be true and accurate. 4 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 WHEREFORE, it is respectfully requested that James M. Caffrey, Esq., as referee, sign the Referee’s Report of Sale forthwith. Dated: Bay Shore, New York March 15, 2023 By: Robert Tremaroli, Esq. Frenkel, Lambert, Weiss, Weisman & Gordon, LLP 5 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 SUPREME COURT OF THE STATE OF NEW YORK 01-050582-F00 COUNTV OF KINGS _____________________________________________________________ Ç US Bart National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc, 2006-HE3, Asset-Backed Pass- Through Certificates Series 2006-HE3, Plaintiff, TERMS OF SALE -against- Index No.: 28641/2007 Patresha Walker, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Asset- Securities, Inc., Backed Pass Through Certificates, Series 2004-W2 under the Pooling and Servicing Agreement Dated..., Household Finance Corporation LLC, Mortgage Electronic Registration Systems, Inc. as Nominee for New Century Mortgage Corporation, Municipal Credit Union, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Defendants. ____________________________________________________________________ x The premises described in the within Affidavit of Publication (hereinafter referred to as the "premises") will be sold under the direction of James M. Caffrey, Esq., referee, pursuant to the following terms: 1. Ten percent (10%) ofthe amount ofthe bid accepted will be required to be paid to the referee at the time and place of sale in fonn acceptable to the referee for which the referee's receipt will be given. Ifthe plaintiffshould be the successful bidder the 10% deposit shall be deemed waived. The residue of said purchase money, and any interest due pursuant to these terms, will be required to be paid by certified, bank or cashier's check to the said referee at 1 1 I John Street, 17* New York, NY 10038, on the day of March, 2023 when the referee's deed will be ready. TIME IS OF THE ESSENCE to the purchaser only as to the closing date. (a) 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 refiase 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 he 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. (b) 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. (c) All participants in the closing must comply with any face covering rule, regulation, or order 6 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 in effect at the time of the closing. Should a bidder fail to comply, the Referee cancel the may closing and hold the bidder in default. 3. The referee is not required to send notice to the purchaser. If purchaser fails to any be present at the time and place above specified to receive the Purchaser will be in default. In deed, the event that the Plaintiff or its attorneys shall deem it proper to extend the time for the completion of said purchase, such extension shall be granted on the terms and conditions: only following (a) Purchaser shall deposit an additional down payment of ten percent of the purchase price with (10%) the referee; and (b) Purchaser shall interest at the highest legal rate of interest on the total pay debt, fiom the date of sale up through and the date of closing; and loss or damage to the including (c) any premises during the period of such extension shall be borne the purchaser. TIME IS OF THE by ESSENCE, with respect to any extended closing date, as against the purchaser only. 4. The successful bidder is purchasing said with the knowledge that said sale is property NOT conditioned upon, or subject to, the bidder obtaining financing. Failure of the successful bidder to remit the balance of the bid within the time frames given by the plaintiff shall constitute a default and shall result in the forfeiture of the purchascr's deposit. 5. The purchaser of said premises, or any portion thereof, will at the time and place of sale, sign a memorandum of his/her purchase and an agreement to with the terms and comply conditions of sale herein contained. 6. The bidding will be kept open after the is struck down and in case property any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him will be again put up for sale under the direction of said referee under these same terms of sale, without application to the Court. However, the referee reserves the right to sell the premises to the second highest bidder at said sale and forego the putting premises up for sale again. In the event of a default under the terms and all deposits shall be retained by purchaser(s) hereof, any by Plaintiff as liquidated damages and such purchaser shall be held liable for there be, above the any deficiency may retained down payment, for the sum for which said premises shall be struck down upon the sale and that for which they may be purchased on resale, and also for all costs and expenses on such occurring resale. 7. The referee is authorized to accept a written bid from the plaintiff or the plaintiff's attorneys, which bid will be considered as the opening bid, just as though the plaintiff appeared in person. is" 8. The premises are being sold in "as condition, without representations either any express or implied and subject to: (a) All taxes, assessments and water rates which are, at this time, not a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment; (b) 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; (c) Any state of facts that an accurate, currently dated survey might disclose; (d) Any and alltenancies, possessory interests and/or leases said premises affecting 7 of 15 03/27/2023 06:04 FILED: KINGS COUNTY CLERK 12/01/2023 12:13 PM INDEXNO. INDEX NO.507596/2023 28641/2007 26 NYSCEF DOC. NO. 74 03/27/2023 RECEIVED NYSCEF: 12/01/2023 not made party defendants. It shall be the responsibility of the purchaser to evict or remove any parties in possession of the premises being foreclosed herein; (e) The right of redemption of the United States of America, or any other federal governmental agency or entity, if any; (f) Any prior judgments, liens and mortgages of record;