Preview
: INDEX NO. E155246/2015
NYSCEF Doc. NO. 29 RECEIVED NYSCEF: 02/09/2016
At an JAS Term of the
Supreme Court of the County
oe th Sh at ,on the
f Niagara
» 2016,
day of.
PRESENT:
HON: Mark A. Montour, J.S.C.
Index No.: E155246/2015
MidFirst Bank,
JUDGMENT OF
Plaintiff, FORECLOSURE
AND SALE
-against-
Katherine L. Czerwinski, David M. Czerwinski, Secretary
of Housing and Urban Development, Asset Acceptance
LLC, Cavalry SPV I, LLC as assignee of FIA Card
Services, N.A.,
Defendants.
wenn
ne nnnnnnn ne.
UPON reading and filing the Summons, Complaint and Notice of Pendency duly filed in
the Niagara County Clerk’s Office on February 27, 2015, the affirmation of Mary B. Ilardo, Esq.
dated November 3, 2015, the Order of Reference granted August 3, 2015, and upon all of the
prior papers and proceedings had herein, from which it appears that this is an action to foreclose
a mortgage on real property situated at 45 Cramer Street, North Tonawanda, NY 14120, County
of Niagara, and that all of the defendants herein were duly served with the Summons and
Complaint in this action or voluntarily appeared herein, and that the time of all defendants to
answer, appear or move with respect to the Complaint has expired and that none of the
defendants appeared, answered or moved with respect to the Complaint, except the defendant,
Secretary of Housing and Urban Development, which appeared in this action and waived notice
of this application, and that all the remaining defendants are in default; and that none of the
defendants are infants, incompetents or absentees;
AND upon reading and filing the report of Jennifer P. Stergion, Esq. dated October 13,
2015, from which report it appears that the sum of $45,356.76 was due to the plaintiff as of
August 30, 2015, plus interest and other expenses incurred thereafter, and that the mortgaged
premises should be sold in one parcel;
NOW, on Motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for
the plaintiff, it is
ORDERED, ADJUDGED AND DECREED, that the report of Jennifer P. Stergion,
Esq., be, and the same hereby is, in all respects, ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that the plaintiff does recover of the
defendant(s), Katherine L. Czerwinski, Judgment of Foreclosure and Sale herein for the sum of
$45,356.76, together with advances from the date specified in said report, together with interest
at the rate set forth in the note and mortgage from the date specified in the referee's report to
entry of judgment, together with legal interest from the date of entry hereof, plus the sum of $2/54. 7Z
as taxed by the Clerk of the Court and hereby adjudged to the plaintiff for costs and
disbursements of this action, with interest thereon from the date of entry hereof, together with an
additional allowance of $ 300 ‘fh hereby awarded to plaintiff in addition to costs and
disbursements, with interest thereon from the date of entry hereof; and it is further
ORDERED, ADJUDGED AND DECREED, that plaintiff is hereby awarded attorneys!
fees in the amount of $_/ or. 60 _; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged premises described in
the Complaint and as hereinafter set forth, and if not sold sooner, any and all personal property
in
which the plaintiff has a security interest, be sold in one parcel at publicsoe at\ootth Tonaliand on
Va Wall, vata Lb Pane. (oe. \wik the County of
verate
Niagara, State of New York, by and under the direction of Jennifer P. Stergion, Esq., who is
hereby appointed referee for that purpose; that the said referee give public notice of the time and
place of such sale according to law and the practices of this Court, by publishing same in
Woon (nadie
and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may
accept a written bid from the plaintiff's attorneys, just as though the Plaintiff were physically
present to submit said bid; and it is further
ORDERED, ADJUDGED, AND DECREED, that the plaintiff or any other party that
may become the purchaser or purchasers at such sale shall pay all transfer taxes and recording
expenses, and that in the event a party, other than the plaintiff, becomes the purchaser or
purchasers at such sale, the closing of title shall be had thirty days after such sale unless
otherwise stipulated by all parties to the sale, including plaintiff and that failure of the
purchaser(s) to close within thirty days may result in the forfeiture of any deposit tendered by
purchaser(s), in lieu of a closing, and that plaintiff reserves the right to sell to the next highest
bidder at said sale; that any purchaser, other than plaintiff, shall pay interest on the purchase price
from the date of sale to the date of delivery of the deed; that in case the plaintiff shall become
the purchaser at the said sale, it shall not be required to make any deposit thereon; that plaintiff
reserves the right to postpone the sale and re-advertise the sale in accordance with RPAPL §231
that said referee execute to the purchaser or purchasers on such sale a deed to the premises sold
at which time the referee shall forthwith pay the taxes, assessments, water and sewer charges
which are or may become liens on the premises at the time of sale with such interest or penalties
which may have lawfully accrued thereon to the date of payment, or said referee may allow the
same to the purchaser at the time of delivery of deed upon production to said referee of proper
vouchers showing the payment thereof and redeem the property sold from any sales for unpaid
taxes, assessments or water rates, which have not apparently become absolute, and that the
referee then deposit the balance of said proceeds of sale in this own name as referee in any local
banking institution insured by the FDIC and shall thereafter make the following payments and his
checks drawn for that purpose shall be paid by the said depository:
FIRST: The statutory fee of the referee in the amount of $500.00;
SECOND: The expenses of the sale including posting and advertising as shown on bills
presented to and certified by the Referee to be correct, duplicate copies of which shall be filed
with this Court;
THIRD: the sum of $45,356.76, the amount reported due io the plaintiff as of August 30,
2015, plus all other expenses necessarily paid by the plaintiff, to preserve the premises, not
previously included in any computations, together with interest thereon at the rate specified in the
note and mortgage from the date specified in the referee's report up to and including the date of
entry of this judgment and interest at the legal rate thereafter; together *in che sum of $. AL 58:7.
adjudged to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of the
Court with interest thereon from the date hereof; together with an additional allowance of
$300.00 hereby awarded to the plaintiff in addition to the costs with interest thereon from the
date hereof:
FOURTH: to the law firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the
sum of sZ Z oW 2 awarded herein as reasonable attorneys’ fees;
FIFTH: surplus monies, if any, with the Niagara County Treasurer within five (5) days
after receipt of said proceeds to be withdrawn only on the order of this Court; and it is further
ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled
due to the issuance of a temporary restraining order by a Court or the imposition of a federal
bankruptcy stay, no fee shall be paid to the Referee, without further Order of the Court; and it is
further
ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled for
any reason other than a temporary restraining order by a Court or the imposition of a federal
bankruptcy stay, the Referee shall be awarded a cancellation fee of $ Z oO -00 3 and it is
further
ORDERED, ADJUDGED AND DECREED, that the referee shall pay to plaintiff a sum
equal to the aggregate of all other amounts which the plaintiff has paid or may hereafter be
required to pay to protect the mortgage or preserve the premises in accordance with the
provisions of the mortgage, and the same so paid shall be added to the sum otherwise due to the
plaintiff pursuant to the plaintiff's claims herein and be deemed secured by said note and
mortgage as therein provided and adjudged a valid lien on the premises; and it is further
ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser
of said mortgaged premises at said sale or, in the event that the rights of the purchaser at said sale
and the terms of sale under this judgment shall be assigned to and be acquired by the plaintiff,
and a valid assignment thereof filed with said referee, the plaintiff shall not be required to pay in
cash the entire Amount bid at said sale, but shall execute and deliver to the plaintiff a deed of the
premises sold at which time the referee shall forthwith pay thereon, in accordance with their
priority according to law, the taxes, assessments or water rates which are or may become liens on
the premises at the time of sale, with such interest or penalties which may have lawfully accrued
thereon, to the date of payment deposit or in lieu of the payment of said last mentioned amounts,
upon the filing with said referee receipts of the proper municipal authorities showing the payment
thereof; that the balance of the Amount bid, after deducting the aforesaid amounts, shall be
allowed to the plaintiff; that if after so applying the balance of the Amount bid, there shall be a
surplus over and above said amounts due to the plaintiff, the plaintiff shall pay to said referee,
upon delivery of said referee's deed, the amount of such surplus which shall be deposited by said
referee with Niagara County Treasurer within five days after the same shall be received; and it is
further
ORDERED, ADJUDGED AND DECREED, that the referee make a report of such sale
under oath showing the disposition of the proceeds of the sale and file it with the Clerk of the
County of Niagara within thirty days after completing the sale and executing the proper
conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the
amount reported due the plaintiff with interest and costs as aforesaid, the referee shall specify the
amount of such deficiency in the report of sale and that the defendant, Katherine L. Czerwinski,
shall pay the same to the plaintiff provided a motion for a deficiency judgment shall be made in
accordance with Section 1371 of the Real Property Actions and Proceeding Law; and it is further
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such
sale be let into possession on production of the referee's Deed; and it is further
ORDERED, ADJUDGED AND DECREED, that excluding the United States of
America who may retain a right of redemption up to 120 days after the foreclosure auction, each
and all of the defendants in this action and all persons claiming under them or any or either of
them, after the filing of such notice of pendency of this action, be and are hereby forever barred
and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said
mortgaged premises and each and every part thereof; and it isfurther
ORDERED, ADJUDGED AND DECREED, that the liens of the plaintiff other than the
Mortgage or mortgages that are the subject matter of this action also be foreclosed herein as
though the plaintiff was named as a party defendant, specifically reserving to the plaintiff its right
to share in any surplus monies as a result of such position as a lien creditor; and it is further
ORDERED, ADJUDGED AND DECREED, that said premises be sold in one parcel in
"as is" physical condition, subject to any covenants, easements, encroachments, reservations and
restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village wherein the premises are located, any state of facts an accurate survey would
show, any state of facts a physical inspection will disclose, rights of tenants and other persons in
possession of the mortgaged premises, prior judgments, liens and mortgages of record, any and
all rights of the United States of America to redeem the subject premises, the Terms of Sale and
purchaser assumes all risk of loss or damage to the premises from the date of the foreclosure sale
until the date of closing and thereafter.
That a description of the said mortgaged premises hereinbefore mentioned, is annexed
hereto as Schedule A-Legal Description.
N ENTER:
\uwc
ys.c, MARK A. MONTOUR, JSC
01-054499-F02
GRANTED
Y FEB 09 201
A ‘TRICIA J, HALL
SUPREME COURT CLERK
EXHIBIT A
¢iNisy,
WEB TITLE
“irs
500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www.webtitle.us
Title No.: WTA-15-004603
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of North Tonawanda,
County of Niagara and State of New York, known and distinguished as part of Subdivision
Lot No. 4 of Lot No. 19, Township 12, Range 8, of the Holland Land Company’s Purchase
and being known as Lot No. 19, Block 20, on the south side of Cramer Street, as shown ona
Plan made by T.W. Barrally, C.E., May 1926, and filed in the Niagara County Clerk’s Office
on August 17, 1926 under Cover No. 532, now in Book 23 of microfilmed maps at Page
2228.
Premises: 45 Cramer Street, North Tonawanda, NY 14120
Tax Map/Parcel ID No.: Section: 182.66 Block: 1 Lot: 8
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
wen nn nee
ne nee.
X Index No.: E155246/2015
MidFirst Bank,
Plaintiff, COSTS OF PLAINTIFF
-against-
Katherine L. Czerwinski, David M. Czerwinski, Secretary of
Housing and Urban Development, Asset Acceptance LLC,
Cavalry SPV I, LLC as assignee of FIA Card Services, N.A.,
Defendants.
setter ent nen nnn nnn nent en nen en cen en een ee cneee nena cane!
COSTS OF PLAINTIFF:
Costs before note of issue
CPLR Sec. 8201 (1)... $ 200.00
Costs after note of issue
CPLR Sec. 8201 (2) -0-
Trial of issue
CPLR Sec. 8201 (3) -0-
Allowance by statute
CPLR Sec. 8302 (a) (b) $ 150.00
Percentage on
$200.00 at 10%
(not exceeding $200.00). $ 20.00
additional $800.00 at 5%
(not exceeding $800.00). $ 40.00
additional $2,000.00 at 2%
(not exceeding $2,000.00) $ 40.00
additional $5,000.00 at 1%
(not exceeding $5,000.00). $50.00
Additional allowance
CPLR Sec. 8302 (d) $ 50.00
Motion costs
CPLR Sec. 8202. -0-
Discretionary Allowance
CPLR Sec. 8303 (a) (1). $ 00.00
COSTS $ 400.00
DISBURSEMENTS:
Fee for index number CPLR Sec. 8018(a) $400.00
Fee for Request for Judicial Intervention.
$95.00
Referee's fees CPLR Sec. 8301(a)1, 8003(a).
$ 50.00
Commissioner's compensation CPLR Sec. 8 (a)
Clerk's fee, filing notice of pend. or attach.
CPLR Sec. 8018(e), 8021(a)12 $ 35.00
Clerk's fee, filing notices of motion
CPLR Sec. 8022(b), $ 90.00
Clerk's fee cancel. notice of pend.
CPLR Sec. 8021(a)12
Entering and docketing judgment
CPLR Sec. 8301(a)7, 8016(a)2...
Paid for searches CPLR Sec. 8301(a)10.
Affidavits & acknowledgments CPLR Sec. 8009.
"$318.72
Serving copy Summons & Complaint
CPLR Sec. 8011(c) 1 CPLR Sec. 8301(d). $770.00
Note of issue CPLR Sec. 8020(a)
Paid Referee's report CPLR Sec. (a)
Certified copies of papers CPLR Sec. 8301(a)4
Satisfaction piece CPLR Sec. 5020(A), 8021...
Transcripts and filing CPLR Sec. 8021
Certified copy of judgment CPLR Sec. 8021.
Postage CPLR Sec. 8301(a)12.
Jury fee CPLR Sec. 8020(c)1....
Stenographer's fees CPLR Sec. 02, 8301
Sheriff's fees on execution
CPLR Sec. 8011(b), 8012
Sheriff's fees, attachment, arrest, etc.
CPLR Sec. 8011(a) (c)2, 3(g)..
Paid printing cases CPLR Sec. 8301(a)6.
Clerk's fees Court of Appeals
CPLR Sec. 8301(a)12
Copies of papers CPLR Sec. 8301(a)1
Motion expenses CPLR Sec. 8301(b)..
Fees for publication CPLR Sec. 8301(a)3...
Serving subpoena CPLR Sec. 8011(c)1, 8301(d
Paid for Register's Search CPLR Sec. 8301(a)10...
Paid for County Clerk's Search..
Paid for Loan Commissioner's Search..
Paid for U.S. District Court Search.
Paid for U.S. Circuit Court Search...
Paid for Tax Search.
DISBURSEMENTS: $1,758.72
TOTAL COSTS AND DISBURSEMENTS: $2,158.72
Dated: November 3, 2015
Williamsville, New York Frenkel, Lambert, Weiss, Weisman & Gordon,
WY WN
LLP
Ws
Mary B.
Cs
Tarif , Esq
Br ANS
Preview
: INDEX NO. E155246/2015 NYSCEF Doc. NO. 29 RECEIVED NYSCEF: 02/09/2016 At an JAS Term of the Supreme Court of the County oe th Sh at ,on the f Niagara » 2016, day of. PRESENT: HON: Mark A. Montour, J.S.C. Index No.: E155246/2015 MidFirst Bank, JUDGMENT OF Plaintiff, FORECLOSURE AND SALE -against- Katherine L. Czerwinski, David M. Czerwinski, Secretary of Housing and Urban Development, Asset Acceptance LLC, Cavalry SPV I, LLC as assignee of FIA Card Services, N.A., Defendants. wenn ne nnnnnnn ne. UPON reading and filing the Summons, Complaint and Notice of Pendency duly filed in the Niagara County Clerk’s Office on February 27, 2015, the affirmation of Mary B. Ilardo, Esq. dated November 3, 2015, the Order of Reference granted August 3, 2015, and upon all of the prior papers and proceedings had herein, from which it appears that this is an action to foreclose a mortgage on real property situated at 45 Cramer Street, North Tonawanda, NY 14120, County of Niagara, and that all of the defendants herein were duly served with the Summons and Complaint in this action or voluntarily appeared herein, and that the time of all defendants to answer, appear or move with respect to the Complaint has expired and that none of the defendants appeared, answered or moved with respect to the Complaint, except the defendant, Secretary of Housing and Urban Development, which appeared in this action and waived notice of this application, and that all the remaining defendants are in default; and that none of the defendants are infants, incompetents or absentees; AND upon reading and filing the report of Jennifer P. Stergion, Esq. dated October 13, 2015, from which report it appears that the sum of $45,356.76 was due to the plaintiff as of August 30, 2015, plus interest and other expenses incurred thereafter, and that the mortgaged premises should be sold in one parcel; NOW, on Motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the plaintiff, it is ORDERED, ADJUDGED AND DECREED, that the report of Jennifer P. Stergion, Esq., be, and the same hereby is, in all respects, ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the plaintiff does recover of the defendant(s), Katherine L. Czerwinski, Judgment of Foreclosure and Sale herein for the sum of $45,356.76, together with advances from the date specified in said report, together with interest at the rate set forth in the note and mortgage from the date specified in the referee's report to entry of judgment, together with legal interest from the date of entry hereof, plus the sum of $2/54. 7Z as taxed by the Clerk of the Court and hereby adjudged to the plaintiff for costs and disbursements of this action, with interest thereon from the date of entry hereof, together with an additional allowance of $ 300 ‘fh hereby awarded to plaintiff in addition to costs and disbursements, with interest thereon from the date of entry hereof; and it is further ORDERED, ADJUDGED AND DECREED, that plaintiff is hereby awarded attorneys! fees in the amount of $_/ or. 60 _; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged premises described in the Complaint and as hereinafter set forth, and if not sold sooner, any and all personal property in which the plaintiff has a security interest, be sold in one parcel at publicsoe at\ootth Tonaliand on Va Wall, vata Lb Pane. (oe. \wik the County of verate Niagara, State of New York, by and under the direction of Jennifer P. Stergion, Esq., who is hereby appointed referee for that purpose; that the said referee give public notice of the time and place of such sale according to law and the practices of this Court, by publishing same in Woon (nadie and it is further ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may accept a written bid from the plaintiff's attorneys, just as though the Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED, AND DECREED, that the plaintiff or any other party that may become the purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, and that in the event a party, other than the plaintiff, becomes the purchaser or purchasers at such sale, the closing of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale, including plaintiff and that failure of the purchaser(s) to close within thirty days may result in the forfeiture of any deposit tendered by purchaser(s), in lieu of a closing, and that plaintiff reserves the right to sell to the next highest bidder at said sale; that any purchaser, other than plaintiff, shall pay interest on the purchase price from the date of sale to the date of delivery of the deed; that in case the plaintiff shall become the purchaser at the said sale, it shall not be required to make any deposit thereon; that plaintiff reserves the right to postpone the sale and re-advertise the sale in accordance with RPAPL §231 that said referee execute to the purchaser or purchasers on such sale a deed to the premises sold at which time the referee shall forthwith pay the taxes, assessments, water and sewer charges which are or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment, or said referee may allow the same to the purchaser at the time of delivery of deed upon production to said referee of proper vouchers showing the payment thereof and redeem the property sold from any sales for unpaid taxes, assessments or water rates, which have not apparently become absolute, and that the referee then deposit the balance of said proceeds of sale in this own name as referee in any local banking institution insured by the FDIC and shall thereafter make the following payments and his checks drawn for that purpose shall be paid by the said depository: FIRST: The statutory fee of the referee in the amount of $500.00; SECOND: The expenses of the sale including posting and advertising as shown on bills presented to and certified by the Referee to be correct, duplicate copies of which shall be filed with this Court; THIRD: the sum of $45,356.76, the amount reported due io the plaintiff as of August 30, 2015, plus all other expenses necessarily paid by the plaintiff, to preserve the premises, not previously included in any computations, together with interest thereon at the rate specified in the note and mortgage from the date specified in the referee's report up to and including the date of entry of this judgment and interest at the legal rate thereafter; together *in che sum of $. AL 58:7. adjudged to the plaintiff for its costs and disbursements in this action as taxed by the Clerk of the Court with interest thereon from the date hereof; together with an additional allowance of $300.00 hereby awarded to the plaintiff in addition to the costs with interest thereon from the date hereof: FOURTH: to the law firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the sum of sZ Z oW 2 awarded herein as reasonable attorneys’ fees; FIFTH: surplus monies, if any, with the Niagara County Treasurer within five (5) days after receipt of said proceeds to be withdrawn only on the order of this Court; and it is further ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled due to the issuance of a temporary restraining order by a Court or the imposition of a federal bankruptcy stay, no fee shall be paid to the Referee, without further Order of the Court; and it is further ORDERED, ADJUDGED AND DECREED, that in the event an auction is canceled for any reason other than a temporary restraining order by a Court or the imposition of a federal bankruptcy stay, the Referee shall be awarded a cancellation fee of $ Z oO -00 3 and it is further ORDERED, ADJUDGED AND DECREED, that the referee shall pay to plaintiff a sum equal to the aggregate of all other amounts which the plaintiff has paid or may hereafter be required to pay to protect the mortgage or preserve the premises in accordance with the provisions of the mortgage, and the same so paid shall be added to the sum otherwise due to the plaintiff pursuant to the plaintiff's claims herein and be deemed secured by said note and mortgage as therein provided and adjudged a valid lien on the premises; and it is further ORDERED, ADJUDGED AND DECREED, that in case the plaintiff be the purchaser of said mortgaged premises at said sale or, in the event that the rights of the purchaser at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the plaintiff, and a valid assignment thereof filed with said referee, the plaintiff shall not be required to pay in cash the entire Amount bid at said sale, but shall execute and deliver to the plaintiff a deed of the premises sold at which time the referee shall forthwith pay thereon, in accordance with their priority according to law, the taxes, assessments or water rates which are or may become liens on the premises at the time of sale, with such interest or penalties which may have lawfully accrued thereon, to the date of payment deposit or in lieu of the payment of said last mentioned amounts, upon the filing with said referee receipts of the proper municipal authorities showing the payment thereof; that the balance of the Amount bid, after deducting the aforesaid amounts, shall be allowed to the plaintiff; that if after so applying the balance of the Amount bid, there shall be a surplus over and above said amounts due to the plaintiff, the plaintiff shall pay to said referee, upon delivery of said referee's deed, the amount of such surplus which shall be deposited by said referee with Niagara County Treasurer within five days after the same shall be received; and it is further ORDERED, ADJUDGED AND DECREED, that the referee make a report of such sale under oath showing the disposition of the proceeds of the sale and file it with the Clerk of the County of Niagara within thirty days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due the plaintiff with interest and costs as aforesaid, the referee shall specify the amount of such deficiency in the report of sale and that the defendant, Katherine L. Czerwinski, shall pay the same to the plaintiff provided a motion for a deficiency judgment shall be made in accordance with Section 1371 of the Real Property Actions and Proceeding Law; and it is further ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be let into possession on production of the referee's Deed; and it is further ORDERED, ADJUDGED AND DECREED, that excluding the United States of America who may retain a right of redemption up to 120 days after the foreclosure auction, each and all of the defendants in this action and all persons claiming under them or any or either of them, after the filing of such notice of pendency of this action, be and are hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each and every part thereof; and it isfurther ORDERED, ADJUDGED AND DECREED, that the liens of the plaintiff other than the Mortgage or mortgages that are the subject matter of this action also be foreclosed herein as though the plaintiff was named as a party defendant, specifically reserving to the plaintiff its right to share in any surplus monies as a result of such position as a lien creditor; and it is further ORDERED, ADJUDGED AND DECREED, that said premises be sold in one parcel in "as is" physical condition, subject to any covenants, easements, encroachments, reservations and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village wherein the premises are located, any state of facts an accurate survey would show, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record, any and all rights of the United States of America to redeem the subject premises, the Terms of Sale and purchaser assumes all risk of loss or damage to the premises from the date of the foreclosure sale until the date of closing and thereafter. That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule A-Legal Description. N ENTER: \uwc ys.c, MARK A. MONTOUR, JSC 01-054499-F02 GRANTED Y FEB 09 201 A ‘TRICIA J, HALL SUPREME COURT CLERK EXHIBIT A ¢iNisy, WEB TITLE “irs 500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www.webtitle.us Title No.: WTA-15-004603 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL THAT TRACT OR PARCEL OF LAND, situate in the City of North Tonawanda, County of Niagara and State of New York, known and distinguished as part of Subdivision Lot No. 4 of Lot No. 19, Township 12, Range 8, of the Holland Land Company’s Purchase and being known as Lot No. 19, Block 20, on the south side of Cramer Street, as shown ona Plan made by T.W. Barrally, C.E., May 1926, and filed in the Niagara County Clerk’s Office on August 17, 1926 under Cover No. 532, now in Book 23 of microfilmed maps at Page 2228. Premises: 45 Cramer Street, North Tonawanda, NY 14120 Tax Map/Parcel ID No.: Section: 182.66 Block: 1 Lot: 8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA wen nn nee ne nee. X Index No.: E155246/2015 MidFirst Bank, Plaintiff, COSTS OF PLAINTIFF -against- Katherine L. Czerwinski, David M. Czerwinski, Secretary of Housing and Urban Development, Asset Acceptance LLC, Cavalry SPV I, LLC as assignee of FIA Card Services, N.A., Defendants. setter ent nen nnn nnn nent en nen en cen en een ee cneee nena cane! COSTS OF PLAINTIFF: Costs before note of issue CPLR Sec. 8201 (1)... $ 200.00 Costs after note of issue CPLR Sec. 8201 (2) -0- Trial of issue CPLR Sec. 8201 (3) -0- Allowance by statute CPLR Sec. 8302 (a) (b) $ 150.00 Percentage on $200.00 at 10% (not exceeding $200.00). $ 20.00 additional $800.00 at 5% (not exceeding $800.00). $ 40.00 additional $2,000.00 at 2% (not exceeding $2,000.00) $ 40.00 additional $5,000.00 at 1% (not exceeding $5,000.00). $50.00 Additional allowance CPLR Sec. 8302 (d) $ 50.00 Motion costs CPLR Sec. 8202. -0- Discretionary Allowance CPLR Sec. 8303 (a) (1). $ 00.00 COSTS $ 400.00 DISBURSEMENTS: Fee for index number CPLR Sec. 8018(a) $400.00 Fee for Request for Judicial Intervention. $95.00 Referee's fees CPLR Sec. 8301(a)1, 8003(a). $ 50.00 Commissioner's compensation CPLR Sec. 8 (a) Clerk's fee, filing notice of pend. or attach. CPLR Sec. 8018(e), 8021(a)12 $ 35.00 Clerk's fee, filing notices of motion CPLR Sec. 8022(b), $ 90.00 Clerk's fee cancel. notice of pend. CPLR Sec. 8021(a)12 Entering and docketing judgment CPLR Sec. 8301(a)7, 8016(a)2... Paid for searches CPLR Sec. 8301(a)10. Affidavits & acknowledgments CPLR Sec. 8009. "$318.72 Serving copy Summons & Complaint CPLR Sec. 8011(c) 1 CPLR Sec. 8301(d). $770.00 Note of issue CPLR Sec. 8020(a) Paid Referee's report CPLR Sec. (a) Certified copies of papers CPLR Sec. 8301(a)4 Satisfaction piece CPLR Sec. 5020(A), 8021... Transcripts and filing CPLR Sec. 8021 Certified copy of judgment CPLR Sec. 8021. Postage CPLR Sec. 8301(a)12. Jury fee CPLR Sec. 8020(c)1.... Stenographer's fees CPLR Sec. 02, 8301 Sheriff's fees on execution CPLR Sec. 8011(b), 8012 Sheriff's fees, attachment, arrest, etc. CPLR Sec. 8011(a) (c)2, 3(g).. Paid printing cases CPLR Sec. 8301(a)6. Clerk's fees Court of Appeals CPLR Sec. 8301(a)12 Copies of papers CPLR Sec. 8301(a)1 Motion expenses CPLR Sec. 8301(b).. Fees for publication CPLR Sec. 8301(a)3... Serving subpoena CPLR Sec. 8011(c)1, 8301(d Paid for Register's Search CPLR Sec. 8301(a)10... Paid for County Clerk's Search.. Paid for Loan Commissioner's Search.. Paid for U.S. District Court Search. Paid for U.S. Circuit Court Search... Paid for Tax Search. DISBURSEMENTS: $1,758.72 TOTAL COSTS AND DISBURSEMENTS: $2,158.72 Dated: November 3, 2015 Williamsville, New York Frenkel, Lambert, Weiss, Weisman & Gordon, WY WN LLP Ws Mary B. Cs Tarif , Esq Br ANS