Preview
At an Ex Parte Part of the Supreme Court of the State
of New York in and for the County of Rockland,
at the Courthouse, One South Main Street, New City,
New York, on the day of 2015.
SUPREME COURT OF THE STATE OF
NEW YORK COUNTY OF ROCKLAND
xX
The Board of Managers of
The Gardens at Palisades Condominium, INDEX NO. 035877/2014
Plaintiff DATE FILED: 12/31/2014
-against-
Marvin Morgan and Thelmina Morgan,
Defendants
xX
JUDGMENT OF
FORECLOSURE AND SALE
UPON the summons, verified complaint and notice of pendency duly filed in this
action on December 31, 2014, and all proceedings thereon; and upon the affirmation of regularity
of Anthony J. Occhipinti, Esq., dated February 26, 2015, showing that all of the Defendants
herein have been duly served within this State with the summons and verified complaint in this
action; and upon the affidavit of Seth Kobay sworn to on February 26, 2015; and upon the
affidavits of service upon the Defendants previously filed in this action and proving that more
than thirty days had elapsed since said Defendants were so served as aforesaid; and none of the
Defendants having served an answer to the aforesaid verified complaint, and the time to do so
not having been extended; and
UPON the order of reference made on June 8, 2015 and entered on June 9, 2015,
appointing Preston S. Scher, Esq., as Referee in this action to ascertain and compute the amount
due under the Lien for condominium common charges on premises constituting part of the the
Gardens at Palisades Condominium, and to examine and report whether the subject premisesshould be sold in one or more parcels; and upon the report of the Referee, dated June 17, 2015;
and
UPON the Ex Parte application for an order confirming the Referee’s Report and
for a Judgment of Foreclosure and sale made upon the affirmation of regularity of Anthony J.
Occhipinti, Esq., dated June 24, 2015 showing that this action was brought to foreclose a Lien
for condominium common charges and special assessments on certain real property known as
condominium Unit 2D in Building 14C forming a part of The Gardens at Palisades
Condominium situate in the County of Rockland and the State of New York more commonly
known as 14 Charles Lane, Apt. 2D, Pomona, New York 10970, and that the whole amount
secured by said Lien is due and payable as computed in the aforesaid report of the Referee, and
that none of the Defendants are infants, incompetent or absentee;
NOW, on the further application of Anthony J. Occhipinti, Esq., the attorney for
the Plaintiff, it is
ORDERED that the application be, and it hereby is granted: and it is further
ORDERED, ADJUDGED AND DECREED that the report of the Referee,
Preston S. Scher, Esq., dated June 17, 2015, be and hereby is in all respects ratified and
confirmed; and it is further
ORDERED, ADJUDGED AND DECREED that the Plaintiff have judgment for
the sum of $12,668.83 so found to be due in said report of the Referee, together with interest
thereon from June 1, 2015 to the date of the closing of title of the sale of the mortgaged
premises, together with the sum of $ , to be inserted by the Clerk upon taxation as
provided by law, hereby adjudged to the Plaintiff for costs and disbursements in this action, with
interest thereon from the date hereof, together with an additional allowance of $ , hereby
awarded to the Plaintiff with interest thereon from the date hereof, and also any amount paid by
the Plaintiff for realty taxes, water charges and assessments, insurance, and the preservation and
protection of the subject premises; and it is furtherORDERED, ADJUDGED AND DECREED that the subject premises described
in the verified complaint in this action and as hereinafter described be sold, in one parcel, at
public auction on or before , 2015, in the lobby of the Rockland County Courthouse, One
South Main Street, New City, New York 10956 under the direction of Preston S. Scher, Esq.,
with offices at 9 Sturbridge Place, Scarsdale, NY 10583, as auctioneer, according to law,
who is hereby appointed Referee for that purpose. Said Referee shall give public notice of the
time and place of such sale in accordance with RPAPL Sec. 231 and according to law and the
practice of this Court by publishing the notice of sale in the 5
that the Plaintiff or any other party to this action may become the purchaser at such sale; that if
the Plaintiff shall become the purchaser at such sale he shall not be required to make any deposit
thereon; that said Referee execute and deliver to the purchaser on such sale a deed of the
premises sold; that in the event a party other than the Plaintiff becomes the purchaser at such
sale, the closing of title shall take place thirty days after such sale unless otherwise stipulated by
all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee on receiving the
proceeds of the sale forthwith pay therefrom, in accordance with their priority under law, the real
estate taxes, assessments, water charges and sewer rents which are or may become liens on the
premises with such interest or penalties which may have accrued thereon to the date of payment;
that the Referee then deposit the balance of the proceeds in his own name as Referee in
» and
that the Referee thereafter make the following payments:
FIRST: The Referee shall pay the sum of $500.00 for the Referee's statutory fees,
as provided in CPLR Section 8003(b).
SECOND: The Referee shall pay the advertising and posting expenses and other
expenses of the sale shown by the bills presented and certified by the Referee to
be correct, duplicate copies of which shall be filed with this Court.THIRD: The Referee shall pay to the Plaintiff or the attorney for the Plaintiff,
Anthony J. Occhipinti, Esq., the sum of $ adjudged to the
Plaintiff for the costs and disbursements in this action to be taxed by the Clerk of
this Court, with interest thereon from the date hereof; together with an additional
allowance of $ hereby awarded to the Plaintiff or the attorney for the
Plaintiff in addition to costs, with interest thereon from the date hereof; The sum
of $ , to the Plaintiff or the Attorney for the Plaintiff, Anthony
J. Occhipinti as and for reasonable attorneys’ fees, and also the sum of
$12,668.83, the amount reported due to the Plaintiff in the report of the Referee,
together with interest thereon from June 1, 2015, the date determined by the
referee in his report, to the date of the closing of title of the sale of the subject
premises, together with any advances as provided for in the condominium By
Laws which the Plaintiff has made to maintain or preserve the subject premises
pending consummation of the foreclosure sale not previously included in the
computation and upon presentation of receipts for said expenditures to the
Referee, and , unless sold subject thereto, the principal and interest and any other
charges due under prior mortgages including the mortgage held by Gould
Palisades Corp. as set forth in the verified complaint and any payments necessary
to satisfy local real estate taxes, water and other municipal charges and
assessments, all with interest thereon.
FOURTH: If the Referee intends to apply for a further allowance for his fees, the
Referee may leave upon deposit such amount as will cover such additional
allowance to await the further order of this Court after application duly made
upon due notice to those parties entitled thereto.
FIFTH: The Referee, within five days after the sale shall be received and
ascertainable, shall deposit withthe surplus money, if any, to the credit of this action, to be withdrawn only by an order of
this Court signed by a Justice of this Court;
and it is further,
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser
of the mortgaged premises at said sale (or if the rights of the purchaser shall be assigned to and
acquired by the Plaintiff, and a valid assignment thereof is filed with the Referee), the Referee
shall not require the Plaintiff to pay in cash the entire amount bid at the sale, but shall execute
and deliver to the Plaintiff a deed of the subject premises sold upon payment to the Referee of
the amounts specified above in clauses "PIRST" and "SECOND", and the amount of the taxes,
assessments, water rates, sewer rents and interest or penalties thereon, or in lieu of said last
mentioned amounts, upon filing with the Referee receipts of the proper governmental authorities
showing the payment thereof. The balance of the amount bid, after deducting therefrom the
aforesaid amounts paid by the Plaintiff, shall be allowed to the Plaintiff and applied by the
Referee to the amounts due to the Plaintiff as specified in item "THIRD" above. 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 the Referee upon delivery to the Plaintiff of the
Referee's deed the amount of such surplus, and the Referee on receiving said several amounts
from the Plaintiff shall forthwith pay therefrom said taxes, assessments, water rates, sewer rents
and interest or penalties thereon, unless the same have already been paid, and shall then deposit
the balance.
ORDERED, ADJUDGED AND DECREED that the Referee shall take the
receipt of the Plaintiff or the attorney for the Plaintiff for the amounts paid as directed in item
"THIRD" above, and file it with the report of sale of the Referee. The Referee shall deposit the
surplus moneys, if any, with the Clerk of this Court within five days after the same shall be
received and be ascertainable, to the credit of this action, to be withdrawn only on an order of
this Court signed by a Justice of this Court. The Referee shall make a report of such sale under
oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of thepersons to whom payments were made, and shall file the report of sale with the office of the
County Clerk within thirty days after completing the sale and executing the proper conveyance to
the purchaser, the Plaintiff shall recover from the Defendants, Marvin Morgan and Thelmina
Morgan individually, the whole deficiency or so much thereof as this Court may determine to
be just and equitable of the residue of the debt remaining unsatisfied after a sale of the
mortgaged premises and the application of the proceeds thereof, provided a motion for a
deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions
and Proceedings Law within the time limited therein, and the amount thereof is determined and
awarded by an order of this Court as provided for in said Section, and it is further
ORDERED, ADJUDGED AND DECREED that the purchaser at said sale be
let into possession on production or delivery of the Referee's deed; and it is further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action
and all persons claiming under them after the filing of a notice of pendency of this action, be and
the same hereby is forever barred and foreclosed of all right, claim, lien, title, interest, and equity
of redemption in the subject premises and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED that the subject premises is to be
sold in one parcel in "as is" physical order and condition, subject to any state of facts than an
inspection of the mortgaged premises would disclose, any state of facts that an accurate survey of
the mortgaged premises would show, any covenants, restrictions, reservations, easements, rights
of way and public utility agreements of record, if any, declarations, including the Declaration of
Condominium for the Gardens at Palisades Condominium and the Condominium By Laws, and
any building and zoning ordinances of governmental authorities and possible violations thereof,
prior liens of record, if any, except those liens addressed in Section 1354 of the Real Property
Actions and Proceedings Law, and any equity of redemption of the United States of America to
redeem the mortgaged premises within 120 days from the date of sale.
ORDERED, ADJUDGED AND DECREED that in the event that the Plaintiff
shall elect to accept a purchase money Mortgage from any purchaser or purchasers at such sale,the amount thereof shall be credited against the amount due the Plaintiff under this judgment,
and that the purchaser or purchasers shall not be required to pay the same in cash, but shall be
credited upon its bid with such amount, and the Referee take the receipt of the Plaintiff for such
amount and file it with the report of sale.
ORDERED, ADJUDGED AND DECREED that a copy of this Judgment with
Notice of Entry shall be served upon the owner of the equity of redemption and any other party
entitled to notice.
The subject premises is commonly known as 14 Charles Lane, 2D, Pomona, New
York 10970 and is more particularly described in Schedule A annexed hereto.
Dated: 2015
ENTER,
Hon. Thomas E. Walsh II, A.J.S.C.SCHEDULE A
The condominium unit (hereinafter the “Unit”) known as number 2D in the building known as
14C (hereinafter the “Building”) located at 14 Charles Lane in the Town of Haverstraw, County
of Rockland and State of New York, said Unit and Building being designated and described in a
certain declaration (hereinafter the “Declaration”’) dated October 17, 2007 made by Gould
Palisades Corp. pursuant to Article 9-B of the Real Property Law of the State of New York
establishing a plan for condominium ownership which Declaration was recorded in the Rockland
County Clerk’s Office on November 1, 2007 as Instrument ID Number 2007-00056728. The
Unit is also designated as Section 25.19, Block 3, Lot 1./1716 on the Tax Rolls of the Town of
Haverstraw and on the Floor Plans certified by Kossar & Garry, Architects, LLP on October 5,
2007, as Condominium Plan Number 2007-10085 also filed in the Rockland County Clerk’s
Office on November 1, 2007.
The land upon which the Unit and Building are situated is described as follows:
All that certain plot, piece or parcel of land with the buildings and improvements thereon, situate,
lying and being in the Town of Haverstraw, County of Rockland and State of New York, known
as Palisades Gardens, Section I, I] and III, and more particularly bounded and described as
BEGINNING at a point on the easterly side of Thiells-Mt. Ivy Road (as proposed to be widened)
distant on a course of N 17° 05’ 43” E 66.63 feet from and N 76° 03° 00” E 10.95 feet from a
Rockland County Highway Monument, Said point being the northwesterly corner of the
premises herein described; thence,
1. N 76° 03’ 00” E 390.00 feet; thence
2. Due east 100.14 feet; thence,
3. Due north 16.00 feet; thence,
4. Due east 114.03 feet; thence,
5. Due south 24.35 feet; thence,
6. S 64° 57° 00” E 149.22 feet; thence,
7. N 25° 03’ 00” E 8.00 feet; thence,
8. S 64° 57° 00” E 345.07 feet; thence,
9. $ 25° 03’ 00” W 135.42 feet; thence,
10, S 23° 38’ 46” W 108.63 feet; thence,
11. On acurve to the right having a radius of 300.00 feet and a length of 104.72 feet; thence,
12. N 88° 06’ 13” E 20.00 feet; thence,
13. S 02° 26’ 36” E 149.66 feet; thence,
14. On acurve to the left having a radius of 855.14 feet and a length of 44.00 feet; thence,
15. On acurve to the left having a radius of 2,101.41 feet and a length of 312.14 feet; thence,16. $ 23° 53’ 18” E 10.50 feet; thence,
17. Onacurve to the left having a radius of 1,961.01 feet and a length of 278.52 feet; thence,
18. $ 57° 58’ 26" W 178.94 feet; thence,
19. N 32° O1? 34” W 32.50 feet; thence,
20. S 57° 58’ 28” W300.00 feet; thence,
21.8 32° 01’ 34” E 32.50 feet; thence,
22. § 57° 58’ 26” W 142.25 feet; thence,
23. N 52° 23’ 17" W 298.17 feet; thence,
24.N 17° 06’ 13"E 511.22 feet; thence,
25. N 17° 06’ 43” E 326.00 feet; thence,
26. N 17° 05’ 43” E 72.28 feet to the point or place of BEGINNING.
Preview
At an Ex Parte Part of the Supreme Court of the State of New York in and for the County of Rockland, at the Courthouse, One South Main Street, New City, New York, on the day of 2015. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND xX The Board of Managers of The Gardens at Palisades Condominium, INDEX NO. 035877/2014 Plaintiff DATE FILED: 12/31/2014 -against- Marvin Morgan and Thelmina Morgan, Defendants xX JUDGMENT OF FORECLOSURE AND SALE UPON the summons, verified complaint and notice of pendency duly filed in this action on December 31, 2014, and all proceedings thereon; and upon the affirmation of regularity of Anthony J. Occhipinti, Esq., dated February 26, 2015, showing that all of the Defendants herein have been duly served within this State with the summons and verified complaint in this action; and upon the affidavit of Seth Kobay sworn to on February 26, 2015; and upon the affidavits of service upon the Defendants previously filed in this action and proving that more than thirty days had elapsed since said Defendants were so served as aforesaid; and none of the Defendants having served an answer to the aforesaid verified complaint, and the time to do so not having been extended; and UPON the order of reference made on June 8, 2015 and entered on June 9, 2015, appointing Preston S. Scher, Esq., as Referee in this action to ascertain and compute the amount due under the Lien for condominium common charges on premises constituting part of the the Gardens at Palisades Condominium, and to examine and report whether the subject premisesshould be sold in one or more parcels; and upon the report of the Referee, dated June 17, 2015; and UPON the Ex Parte application for an order confirming the Referee’s Report and for a Judgment of Foreclosure and sale made upon the affirmation of regularity of Anthony J. Occhipinti, Esq., dated June 24, 2015 showing that this action was brought to foreclose a Lien for condominium common charges and special assessments on certain real property known as condominium Unit 2D in Building 14C forming a part of The Gardens at Palisades Condominium situate in the County of Rockland and the State of New York more commonly known as 14 Charles Lane, Apt. 2D, Pomona, New York 10970, and that the whole amount secured by said Lien is due and payable as computed in the aforesaid report of the Referee, and that none of the Defendants are infants, incompetent or absentee; NOW, on the further application of Anthony J. Occhipinti, Esq., the attorney for the Plaintiff, it is ORDERED that the application be, and it hereby is granted: and it is further ORDERED, ADJUDGED AND DECREED that the report of the Referee, Preston S. Scher, Esq., dated June 17, 2015, be and hereby is in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED that the Plaintiff have judgment for the sum of $12,668.83 so found to be due in said report of the Referee, together with interest thereon from June 1, 2015 to the date of the closing of title of the sale of the mortgaged premises, together with the sum of $ , to be inserted by the Clerk upon taxation as provided by law, hereby adjudged to the Plaintiff for costs and disbursements in this action, with interest thereon from the date hereof, together with an additional allowance of $ , hereby awarded to the Plaintiff with interest thereon from the date hereof, and also any amount paid by the Plaintiff for realty taxes, water charges and assessments, insurance, and the preservation and protection of the subject premises; and it is furtherORDERED, ADJUDGED AND DECREED that the subject premises described in the verified complaint in this action and as hereinafter described be sold, in one parcel, at public auction on or before , 2015, in the lobby of the Rockland County Courthouse, One South Main Street, New City, New York 10956 under the direction of Preston S. Scher, Esq., with offices at 9 Sturbridge Place, Scarsdale, NY 10583, as auctioneer, according to law, who is hereby appointed Referee for that purpose. Said Referee shall give public notice of the time and place of such sale in accordance with RPAPL Sec. 231 and according to law and the practice of this Court by publishing the notice of sale in the 5 that the Plaintiff or any other party to this action may become the purchaser at such sale; that if the Plaintiff shall become the purchaser at such sale he shall not be required to make any deposit thereon; that said Referee execute and deliver to the purchaser on such sale a deed of the premises sold; that in the event a party other than the Plaintiff becomes the purchaser at such sale, the closing of title shall take place thirty days after such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED that the Referee on receiving the proceeds of the sale forthwith pay therefrom, in accordance with their priority under law, the real estate taxes, assessments, water charges and sewer rents which are or may become liens on the premises with such interest or penalties which may have accrued thereon to the date of payment; that the Referee then deposit the balance of the proceeds in his own name as Referee in » and that the Referee thereafter make the following payments: FIRST: The Referee shall pay the sum of $500.00 for the Referee's statutory fees, as provided in CPLR Section 8003(b). SECOND: The Referee shall pay the advertising and posting expenses and other expenses of the sale shown by the bills presented and certified by the Referee to be correct, duplicate copies of which shall be filed with this Court.THIRD: The Referee shall pay to the Plaintiff or the attorney for the Plaintiff, Anthony J. Occhipinti, Esq., the sum of $ adjudged to the Plaintiff for the costs and disbursements in this action to be taxed by the Clerk of this Court, with interest thereon from the date hereof; together with an additional allowance of $ hereby awarded to the Plaintiff or the attorney for the Plaintiff in addition to costs, with interest thereon from the date hereof; The sum of $ , to the Plaintiff or the Attorney for the Plaintiff, Anthony J. Occhipinti as and for reasonable attorneys’ fees, and also the sum of $12,668.83, the amount reported due to the Plaintiff in the report of the Referee, together with interest thereon from June 1, 2015, the date determined by the referee in his report, to the date of the closing of title of the sale of the subject premises, together with any advances as provided for in the condominium By Laws which the Plaintiff has made to maintain or preserve the subject premises pending consummation of the foreclosure sale not previously included in the computation and upon presentation of receipts for said expenditures to the Referee, and , unless sold subject thereto, the principal and interest and any other charges due under prior mortgages including the mortgage held by Gould Palisades Corp. as set forth in the verified complaint and any payments necessary to satisfy local real estate taxes, water and other municipal charges and assessments, all with interest thereon. FOURTH: If the Referee intends to apply for a further allowance for his fees, the Referee may leave upon deposit such amount as will cover such additional allowance to await the further order of this Court after application duly made upon due notice to those parties entitled thereto. FIFTH: The Referee, within five days after the sale shall be received and ascertainable, shall deposit withthe surplus money, if any, to the credit of this action, to be withdrawn only by an order of this Court signed by a Justice of this Court; and it is further, ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the mortgaged premises at said sale (or if the rights of the purchaser shall be assigned to and acquired by the Plaintiff, and a valid assignment thereof is filed with the Referee), the Referee shall not require the Plaintiff to pay in cash the entire amount bid at the sale, but shall execute and deliver to the Plaintiff a deed of the subject premises sold upon payment to the Referee of the amounts specified above in clauses "PIRST" and "SECOND", and the amount of the taxes, assessments, water rates, sewer rents and interest or penalties thereon, or in lieu of said last mentioned amounts, upon filing with the Referee receipts of the proper governmental authorities showing the payment thereof. The balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the Plaintiff, shall be allowed to the Plaintiff and applied by the Referee to the amounts due to the Plaintiff as specified in item "THIRD" above. 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 the Referee upon delivery to the Plaintiff of the Referee's deed the amount of such surplus, and the Referee on receiving said several amounts from the Plaintiff shall forthwith pay therefrom said taxes, assessments, water rates, sewer rents and interest or penalties thereon, unless the same have already been paid, and shall then deposit the balance. ORDERED, ADJUDGED AND DECREED that the Referee shall take the receipt of the Plaintiff or the attorney for the Plaintiff for the amounts paid as directed in item "THIRD" above, and file it with the report of sale of the Referee. The Referee shall deposit the surplus moneys, if any, with the Clerk of this Court within five days after the same shall be received and be ascertainable, to the credit of this action, to be withdrawn only on an order of this Court signed by a Justice of this Court. The Referee shall make a report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of thepersons to whom payments were made, and shall file the report of sale with the office of the County Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser, the Plaintiff shall recover from the Defendants, Marvin Morgan and Thelmina Morgan individually, the whole deficiency or so much thereof as this Court may determine to be just and equitable of the residue of the debt remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceedings Law within the time limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said Section, and it is further ORDERED, ADJUDGED AND DECREED that the purchaser at said sale be let into possession on production or delivery of the Referee's deed; and it is further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming under them after the filing of a notice of pendency of this action, be and the same hereby is forever barred and foreclosed of all right, claim, lien, title, interest, and equity of redemption in the subject premises and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED that the subject premises is to be sold in one parcel in "as is" physical order and condition, subject to any state of facts than an inspection of the mortgaged premises would disclose, any state of facts that an accurate survey of the mortgaged premises would show, any covenants, restrictions, reservations, easements, rights of way and public utility agreements of record, if any, declarations, including the Declaration of Condominium for the Gardens at Palisades Condominium and the Condominium By Laws, and any building and zoning ordinances of governmental authorities and possible violations thereof, prior liens of record, if any, except those liens addressed in Section 1354 of the Real Property Actions and Proceedings Law, and any equity of redemption of the United States of America to redeem the mortgaged premises within 120 days from the date of sale. ORDERED, ADJUDGED AND DECREED that in the event that the Plaintiff shall elect to accept a purchase money Mortgage from any purchaser or purchasers at such sale,the amount thereof shall be credited against the amount due the Plaintiff under this judgment, and that the purchaser or purchasers shall not be required to pay the same in cash, but shall be credited upon its bid with such amount, and the Referee take the receipt of the Plaintiff for such amount and file it with the report of sale. ORDERED, ADJUDGED AND DECREED that a copy of this Judgment with Notice of Entry shall be served upon the owner of the equity of redemption and any other party entitled to notice. The subject premises is commonly known as 14 Charles Lane, 2D, Pomona, New York 10970 and is more particularly described in Schedule A annexed hereto. Dated: 2015 ENTER, Hon. Thomas E. Walsh II, A.J.S.C.SCHEDULE A The condominium unit (hereinafter the “Unit”) known as number 2D in the building known as 14C (hereinafter the “Building”) located at 14 Charles Lane in the Town of Haverstraw, County of Rockland and State of New York, said Unit and Building being designated and described in a certain declaration (hereinafter the “Declaration”’) dated October 17, 2007 made by Gould Palisades Corp. pursuant to Article 9-B of the Real Property Law of the State of New York establishing a plan for condominium ownership which Declaration was recorded in the Rockland County Clerk’s Office on November 1, 2007 as Instrument ID Number 2007-00056728. The Unit is also designated as Section 25.19, Block 3, Lot 1./1716 on the Tax Rolls of the Town of Haverstraw and on the Floor Plans certified by Kossar & Garry, Architects, LLP on October 5, 2007, as Condominium Plan Number 2007-10085 also filed in the Rockland County Clerk’s Office on November 1, 2007. The land upon which the Unit and Building are situated is described as follows: All that certain plot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the Town of Haverstraw, County of Rockland and State of New York, known as Palisades Gardens, Section I, I] and III, and more particularly bounded and described as BEGINNING at a point on the easterly side of Thiells-Mt. Ivy Road (as proposed to be widened) distant on a course of N 17° 05’ 43” E 66.63 feet from and N 76° 03° 00” E 10.95 feet from a Rockland County Highway Monument, Said point being the northwesterly corner of the premises herein described; thence, 1. N 76° 03’ 00” E 390.00 feet; thence 2. Due east 100.14 feet; thence, 3. Due north 16.00 feet; thence, 4. Due east 114.03 feet; thence, 5. Due south 24.35 feet; thence, 6. S 64° 57° 00” E 149.22 feet; thence, 7. N 25° 03’ 00” E 8.00 feet; thence, 8. S 64° 57° 00” E 345.07 feet; thence, 9. $ 25° 03’ 00” W 135.42 feet; thence, 10, S 23° 38’ 46” W 108.63 feet; thence, 11. On acurve to the right having a radius of 300.00 feet and a length of 104.72 feet; thence, 12. N 88° 06’ 13” E 20.00 feet; thence, 13. S 02° 26’ 36” E 149.66 feet; thence, 14. On acurve to the left having a radius of 855.14 feet and a length of 44.00 feet; thence, 15. On acurve to the left having a radius of 2,101.41 feet and a length of 312.14 feet; thence,16. $ 23° 53’ 18” E 10.50 feet; thence, 17. Onacurve to the left having a radius of 1,961.01 feet and a length of 278.52 feet; thence, 18. $ 57° 58’ 26" W 178.94 feet; thence, 19. N 32° O1? 34” W 32.50 feet; thence, 20. S 57° 58’ 28” W300.00 feet; thence, 21.8 32° 01’ 34” E 32.50 feet; thence, 22. § 57° 58’ 26” W 142.25 feet; thence, 23. N 52° 23’ 17" W 298.17 feet; thence, 24.N 17° 06’ 13"E 511.22 feet; thence, 25. N 17° 06’ 43” E 326.00 feet; thence, 26. N 17° 05’ 43” E 72.28 feet to the point or place of BEGINNING.