Preview
FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF ERIE
DITECH FINANCIAL LLC,
Plaintiffdesignates ERIE as the place of trial
Plaintiff, situsof the real property
vs.
SUMMONS
BARBARA BOSER A/K/A BARBARA
KOZHUHAROV; MIDLAND FUNDING LLC
DBA IN NY AS MIDLAND FUNDING 01
DELAWARE, LLC,
#1" #12,"
"JOHN DOE through "JOHN DOE the Subject Property:
lasttwelve names being fictitiousand unknown to 6918 WELLINGTON DRIVE
plaintiff,the persons or parties intended being the DERBY, NY 14047
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lienupon the
premises, described in the complaint,
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days afterthe service is complete ifthis summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to
answer for the said United States of America shall not expire until (60) days after service of the
Summons; and in case of your failure to appear or answer, judgment will be taken against you by default
forthe relief demanded in the complaint.
·
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the
attorney for the mortgage company who filed this foreclosure proceeding against you and filingthe
answer with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on how
to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR
THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE
COURT.
Dated: 3/7/2018
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
[ ] ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 106
Westbury, NY 11590
516-280-7675
18-127709 —
StG Drafter:Stephanie Graham
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
INDEX NO.
DITECH FINANCIAL LLC,
COMPLAINT .
Plaintiff,
vs. Subject Property:
6918 WELLINGTON DRIVE
DERBY, NY 14047
BARBARA BOSER A/K/A BARBARA KOZHUHAROV;
MIDLAND FUNDING LLC DBA IN NY AS MIDLAND
FUNDING OF DELAWARE, LLC,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff,the persons or parties intended being the
tenants, occupants, persons or corporations, ifany,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
The complaint of the above-named plaintiff,by RAS Boriskin, LLC, itsattorneys, alleges upon
information and belief as follows:
1. Plaintiffisorganized under the laws of the United States of America or itsstate of formation.
2. On February 12, 2003, VESKO KOZHUHAROV AND BARBARA BOSER A/K/A
BARBARA KOZHUHAROV duly executed and delivered a note whereby VESKO KOZHUHAROV
AND BARBARA BOSER A/K/A BARBARA KOZHUHAROV promised to pay the sum of
$84,000.00 plus interest as set forth in saidnote. A copy of said note isannexed hereto.
3. Plaintiff,directly or through an agent has complied with allapplicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note issecured by the mortgage
identified below, and the said note iseither made payable to Plaintiff or is duly indorsed. To the extent
the'
that the original note or interim assignments of mortgage are lost or unavailable, Plaintiffhas the right
to foreclose the subject note and mortgage pursuant to New York law.
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4. That to secure the payment of the sum represented by said note, VESKO KOZHUHAROV
AND BARBARA BOSER A/K/A BARBARA KOZHUHAROV, duly executed and delivered a
mortgage which was recorded as follows and the mortgage tax thereon was duly paid:
Recording Date: February 21, 2003
County: ERIE
Book 13051 at Page 7153
Said mortgage was assigned to GREEN TREE SERVICING LLC by assignment of mortgage duly
executed on a date prior to the filingof the complaint. Plaintiff,DITECH FINANCIAL LLC is formerly
known as GREEN TREE SERVICING LLC. A copy of said mortgage isannexed hereto.
5. Said mortgage secured the real property known as 6918 WELLINGTON DRIVE, DERBY,
NEW YORK 14047 and by Section 206.08, Block 3, Lot 11.1 together with allfixtures and articles of
personal property annexed to, installed in,or used in connection with the mortgaged premises, allas is
more fully set forth in said mortgage. A copy of the legal description is setforth on Schedule A
annexed.
6. Plaintiffisthe owner and holder of said note and mortgage or has been delegated the authority
to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
7. VESKO KOZHUHAROV died on or about March 21, 2014.
8. Upon information and belief,Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, Plaintiff has complied with allconditions precedent contained in the
mortgage, ifany.
9. To the extent applicable, Plaintiffhas complied with allof the provisions of Banking Law
section 595-a and rules and regulations promulgated Law sections 6-1 and 6-
any thereunder, Banking
m.
10. That Defendants failed to comply with the conditions of the note and mortgage by failing to
make the payment that became due on August 01, 2017 and each subsequent payment thereafter.
l 1.That by reason of such defaults, Plaintiff hereby declares the balance of the principal
indebtedness immediately due and payable.
18-127709 - StG Drafter: Stephanie Graham
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12. That there isnow due and owing to the plaintiff,the principal sum of $64,542.04 with interest
thereon from July 01, 2017 plus accumulated late charges together with any sums advanced by the
plaintiff on behalf of defendant. .
13. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action, of any
or allof the defaultsmentioned herein; and such election shall continue and remain effective until the
costs and disbursements of thisaction, and any and allfuture defaults under the aforesaid bond or note
and mortgage, and occurring prior to the discontinuance of this action are fully paid.
14. That to protect itssecurity afforded by said note and mortgage, itmay be necessary for the
plaintiffto pay taxes, assessments, water rates and insurance premiums which are, or may become liens
on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any amounts which may be so expended shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and that the same be paid to the plaintifffrom the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or ifany such action ispending, a final judgment was not rendered in favor of
Plaintiffand such action isintended to be discontinued.
16. That plaintiff further alleges that allthe defendants have, or may claim to have, some interest
in,or lien upon the mortgaged premises, or some part thereof, which interestor lien, ifany, is subject
and subordinate to the lienof the mortgage being foreclosed.
'
17. The description of each of the named party defendants interest is setout on Schedule "B
annexed.
"C"
18. The interestor lien of each of the named party defendants, ifany, is setforth in Schedule
annexed.
19. The terms of said mortgage provide thatdefendants shall be liable to plaintifffor reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises.
18-127709 —
StG Drafter:Stephanie Graham
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20. That the sale of the mortgaged premises and titlethereto are subject to the state of facts an
accurate survey will show; allcovenants, restrictions, easements, agreements and reservations, ifany, of
record, and to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions
and ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lot lines, and vaultcharges, ifany; any and all
orders or requirements issued by any governmental body having jurisdiction against or affecting said
premises and any violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, ifany; prior mortgages and
judgments, ifany, now liens of record; right of Redemption of United States of America, ifany; rights
of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany;
any and allHazardous Materials in the premises including, but not limited to, flammable explosives,
radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic
substances; and other conditions as set forth in the terms of sale more particularly to be announced at
the sale.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. The defendants and each of them, and allpersons claiming under them, or any of them
subsequent to the commencement of thisaction and the filingof the Notice of Pendency thereof,
may be barred and foreclosed of allright, title,claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; allcovenants, restrictions,easements, agreements and reservations, ifany, of record, and
to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any
and allorders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United
States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiffmay be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirtydays after any sale demanded herein
fortaxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interestthereon from the time of such payment and the
attorneys'
costs and expenses of this action including reasonable fees so far as the amount of
such monies properly applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and allpersonal property used in
connection with the said mortgaged premises, except ifdischarged in bankruptcy;
.
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G. The obligors may be adjudged to pay any deficiency which may remain after applying all
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the complaint, if
any;
1. Plaintiffshall have such other and further reliefor both, in the premises as shall be just
and equitable.
RAS Boriskin, LLC
Attorney for Plaintiff
BY: @ --P
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
[c.]ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 106
Westbury, NY 1 1590
516-280-7675
18-127709 - StG Drafter:Stephanie Graham
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Preview
FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF ERIE DITECH FINANCIAL LLC, Plaintiffdesignates ERIE as the place of trial Plaintiff, situsof the real property vs. SUMMONS BARBARA BOSER A/K/A BARBARA KOZHUHAROV; MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING 01 DELAWARE, LLC, #1" #12," "JOHN DOE through "JOHN DOE the Subject Property: lasttwelve names being fictitiousand unknown to 6918 WELLINGTON DRIVE plaintiff,the persons or parties intended being the DERBY, NY 14047 tenants, occupants, persons or corporations, if any, having or claiming an interest in or lienupon the premises, described in the complaint, Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days afterthe service is complete ifthis summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default forthe relief demanded in the complaint. · 111111111111111111111111111111111111111IlllIll 11IIIIII 1111111111111111111111111111111|l1111 111111IIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filingthe answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: 3/7/2018 RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. [ ] ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 106 Westbury, NY 11590 516-280-7675 18-127709 — StG Drafter:Stephanie Graham 2 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX. NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE INDEX NO. DITECH FINANCIAL LLC, COMPLAINT . Plaintiff, vs. Subject Property: 6918 WELLINGTON DRIVE DERBY, NY 14047 BARBARA BOSER A/K/A BARBARA KOZHUHAROV; MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff,the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. The complaint of the above-named plaintiff,by RAS Boriskin, LLC, itsattorneys, alleges upon information and belief as follows: 1. Plaintiffisorganized under the laws of the United States of America or itsstate of formation. 2. On February 12, 2003, VESKO KOZHUHAROV AND BARBARA BOSER A/K/A BARBARA KOZHUHAROV duly executed and delivered a note whereby VESKO KOZHUHAROV AND BARBARA BOSER A/K/A BARBARA KOZHUHAROV promised to pay the sum of $84,000.00 plus interest as set forth in saidnote. A copy of said note isannexed hereto. 3. Plaintiff,directly or through an agent has complied with allapplicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note issecured by the mortgage identified below, and the said note iseither made payable to Plaintiff or is duly indorsed. To the extent the' that the original note or interim assignments of mortgage are lost or unavailable, Plaintiffhas the right to foreclose the subject note and mortgage pursuant to New York law. 1111111111111111111111111111111111111111111111 IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIIIIIIIIIII 3 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 4. That to secure the payment of the sum represented by said note, VESKO KOZHUHAROV AND BARBARA BOSER A/K/A BARBARA KOZHUHAROV, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: February 21, 2003 County: ERIE Book 13051 at Page 7153 Said mortgage was assigned to GREEN TREE SERVICING LLC by assignment of mortgage duly executed on a date prior to the filingof the complaint. Plaintiff,DITECH FINANCIAL LLC is formerly known as GREEN TREE SERVICING LLC. A copy of said mortgage isannexed hereto. 5. Said mortgage secured the real property known as 6918 WELLINGTON DRIVE, DERBY, NEW YORK 14047 and by Section 206.08, Block 3, Lot 11.1 together with allfixtures and articles of personal property annexed to, installed in,or used in connection with the mortgaged premises, allas is more fully set forth in said mortgage. A copy of the legal description is setforth on Schedule A annexed. 6. Plaintiffisthe owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 7. VESKO KOZHUHAROV died on or about March 21, 2014. 8. Upon information and belief,Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Plaintiff has complied with allconditions precedent contained in the mortgage, ifany. 9. To the extent applicable, Plaintiffhas complied with allof the provisions of Banking Law section 595-a and rules and regulations promulgated Law sections 6-1 and 6- any thereunder, Banking m. 10. That Defendants failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on August 01, 2017 and each subsequent payment thereafter. l 1.That by reason of such defaults, Plaintiff hereby declares the balance of the principal indebtedness immediately due and payable. 18-127709 - StG Drafter: Stephanie Graham 4 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 12. That there isnow due and owing to the plaintiff,the principal sum of $64,542.04 with interest thereon from July 01, 2017 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. . 13. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or allof the defaultsmentioned herein; and such election shall continue and remain effective until the costs and disbursements of thisaction, and any and allfuture defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 14. That to protect itssecurity afforded by said note and mortgage, itmay be necessary for the plaintiffto pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintifffrom the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or ifany such action ispending, a final judgment was not rendered in favor of Plaintiffand such action isintended to be discontinued. 16. That plaintiff further alleges that allthe defendants have, or may claim to have, some interest in,or lien upon the mortgaged premises, or some part thereof, which interestor lien, ifany, is subject and subordinate to the lienof the mortgage being foreclosed. ' 17. The description of each of the named party defendants interest is setout on Schedule "B annexed. "C" 18. The interestor lien of each of the named party defendants, ifany, is setforth in Schedule annexed. 19. The terms of said mortgage provide thatdefendants shall be liable to plaintifffor reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises. 18-127709 — StG Drafter:Stephanie Graham 5 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 20. That the sale of the mortgaged premises and titlethereto are subject to the state of facts an accurate survey will show; allcovenants, restrictions, easements, agreements and reservations, ifany, of record, and to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vaultcharges, ifany; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, ifany; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 18-127709 - StG Drafter: Stephanie Graham 6 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 WHEREFORE, plaintiff demands judgment against the defendants as follows: A. The defendants and each of them, and allpersons claiming under them, or any of them subsequent to the commencement of thisaction and the filingof the Notice of Pendency thereof, may be barred and foreclosed of allright, title,claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; allcovenants, restrictions,easements, agreements and reservations, ifany, of record, and to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any and allorders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiffmay be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirtydays after any sale demanded herein fortaxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interestthereon from the time of such payment and the attorneys' costs and expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and allpersonal property used in connection with the said mortgaged premises, except ifdischarged in bankruptcy; . 18-127709 - StG Drafter:Stephanie Graham 7 of 8 FILED: ERIE COUNTY CLERK 04/11/2018 04:50 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2018 G. The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the complaint, if any; 1. Plaintiffshall have such other and further reliefor both, in the premises as shall be just and equitable. RAS Boriskin, LLC Attorney for Plaintiff BY: @ --P [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. [c.]ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 106 Westbury, NY 1 1590 516-280-7675 18-127709 - StG Drafter:Stephanie Graham 8 of 8