At of the Supre'rne Corrt of

a Special Term
the State ofNew York, CountY of
MONROE held in the County Courthouse in

lK.t^orryr.*r Court
Justico of the SuPreine

STATE OF NEW YORK

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SUPnnW COURT: COIJI'ITY OF MONROE ;-{
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WELLS FARGO BANK, NA. -1

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Plaintifi ORDEB

INDEX NO.: 4419/09

vs.
Mortgaged Premises:
KEVIN PATRICK BRADY,
508 LOCUST I.ANE
EAST ROCHESTER, NY 14445
JOHN DOE (Said narne boing fictitious'
it being the intention of Plaintiffto
SBL#:
designate any and all occupants of
premises being foreclosed herein, and
tst.27-L-39
any parties, corporations or entities,
if any, having 6l glaiming an interest
or lien upon the mortgaged premises')

Defendant(s).
X

Upon reading ptaintiffs Affidavit of Herman John Kennerty, the Vice

President Loan

Doqrmentation of WELLS FARGo BANK, N.A., dated the l2th day of

Jung 20a9, and upon

reading the Sunmons, Complaint, as well as the Answer submitted by

Defendant' KIVIN

PATRICK BRADY, pro Se, and upon proof that all other defendants have been duly served and

tlreir time to answer has expired or they have filed a Notice of Appearance, and after hearing

Steven J. Baur4 p,C.,

plaintiffs attomey in this action in support of said motion, and after

hearing 4-!-- in opposition thereto, it

is hereby
 1
t
ORDERED, thal the Answq of the Deffvndant, KEVIN PATRICK BRADY, Pro Se, be

md is hereby dismis$ed and that sumfiafy judgme'nt be and is hereby granted in favor of

Plaintifi, WELLS FARGO BANK N.A.; and it is irrth€r

ORDERED, thatthe Arrswer of the Defendanf I(EVIN PATRICK BRADY, Pro Se, be

reated as a limited Notice of Appearance, entitling said Defendant to receive, without pdor

rotice, a copy of the Notice of Salq Notioe of Discontinuance and Notice of Sqplus Monies;

mditisfirtha
ORDERED, thal uJobn Doen be dropped as a party Defendant in this acdon as no

errants reside at tre preroises, and that the cErtiou of this actiort be amended to reflect the

leletion of trJobn Docn as a party Defendanq and it is further

ORDEREI), thatthe caption shall read as follows:

ITAT19 OFNEW YORK

ittPREME COURT: COUNTY oF MONROE
-------------*;(
YELLS FARGO BANK, N.A.
INDEX NO.: 4419/09
PIaintitr,
Mortgaged Premises:
s- 508 LOCUSTLANE
EAST ROCHESTER, NY I 4445
€VIN PATRICK BRADY,
SBI, #:
Defendant(s). 15t.27-1-39
X; a"d it is further

t?/@
oRDERED, that ,Wbe appointed

eferee in this foreclosure action to detcrmine the amount due and to determine whether or not

.e pre,mises can be sold in parcels; and it is further

n
Yf OnOpnfD, that by accepting this appointment the Referee cerlifies that held:cis in
lr,r
complianco vdth Pet 36 of the Rules of the Cbief Judgr (22},[YCRR Part 30, including but not

limited to, section 36.2(c) ('Disqualifications from appointment"), urd section 36.2(d)

fl Limitations on appoinbnents upon compensation").

N. JOHN J. ARK
 At a(n) Str.th I Terrn of the Supreme Court of the
State of New Yohk, County of MONROE held in the
County Courthousejp the City of Rqchester,NY 14614
on the ,/W-la"y of
2oJa--.
PRESENT: HON. JOIINJ. ARK
ruSTICE OF TI{E STJPREME COURT
x
JUDG1VIENT OF F'ORECLO STIRE
WELLS FARGO BANK, N.A. AND SALE
::-: ::::
Plaintiff, I|{DEX NO.: 4419/09 ;,., ::
i:,: :,,.:
vs, MORTGAGED PREMISES: :i.:
:: ;";
508 LOCTUST LANE 5l
KEVIN PATRICK BRADY, EASTROCIIESTER,NY 14445i- :*r
:*
Defendant(s), SBL#: F. +
fi.; .f'
Ist.27-t-39 ;? \fJ

On the Summons, Complaint and Notice of Pendency of Action duly filed in this action on the 3lst day of
March, 2009, and all proceedings thereon, and on reading and filing the Affirmation of Regularity of Steven J.

Baum, P.C., by Brad J. Davidzik" Esq., dated the 14th day of July, 2009, and the Affirmation for Execution for

Judgment of Foreclosure and Sale, by Charles D. J. Case, Esq., dated the 18th day of May,2010, showing that

Defendants herein have been duly served with the Summons and Complaint in this action, or have
tf#rthe
voluntarily appeared by their respective attorneys, and stating that more than the legally required number of days

had elapsed since said Defendants were so served and/or appeared; and that none of the Defendants had served

any anslver to said Complaint, except the Defendant KEVIN PATRICK BRADY who A:rswered the Complain!

Pro Se, on the 15th day of April, 2009; said Answer was dismissed by Summary Judgment in favor of the

Plaintifl WELLS FARGO BANI! N.A., by the Order of the Honorable John J. Arlq on the 17th day of

December, 20A9, andupon tbe attached affidavit of mailing reflecting compliance with CPLR 32ls(gX3Xiii); and

that the Complaint herein and due Notice of Pendency of this action containing all the particulars required to be

fu-*rd therein *#t, filed in the office of the Clerk of the Corinry of Monroe on the 3lst day of March, 2009,

and an Order of Reference having been duly executed wherein a Referee was appointed to compute the amount

due to the Plaintiff upon the bond/note and mortgage set forth in the Complaint and said Referee having examined
and reported whether the mortgaged premises can be sold in parcels,

A)'ID, on reading and filiag the report of STEPHEN M. KELLEy, ESe., the Referee named in said

Order, by wbich Report, bearing date the 2nd day of February, 2070, it appears that the sum of $65.06J.13 was

due thereon at the date of said Report and that the mortgaged premises cannot be sold in parcels.

NOW, upon proof of due notice of this application upon all parties who had not waived the same,

ON MOTION of Steven J. Baum, P.C., attomey for the Plaintifl it is

ORDERED, ADJIJDGED AND DECREED, that the said Report of the said Referee be, and the same is

hereby in all teqpects ratified and confirmed; and it is further

ORDERED, ADJUDGED AND DECREED, that the mortgaged premises, and if not sold sooner, any and

all personal property in which the Plaintiff has a security interes! as described in the Corrplaint in this action or

such part of the real property thereof as may be sufficiEnt to discharge the mortgage debt, the expense of the sale

and the costs of this action as provided by the Real hoperty Actions and Proceedings Law be sold at public

auction in the Citv Newspaper in the County of Monroe. Statg of New Yorh by and under the direction of

STEPHEN M. KELLEY. ESQ., who is hereby appointed Referee for that purpose; that the said Referee give

public notice of tJre time and place of such sale according to law and the practice of tlis Court, in an official

publication, to rvit TIE Daih' Record;or in any publication in compliance with RPAPL g 231; and it is furrher

ORDERED, ADJLIDGED AND DECREED, that tle premises be sold in "as is" condition defined as the

condition the premises are in as of the date of sale and continuing through the date of closing, and that said sale

shall be subject to:

G) Rights of the public and others in and to any part of the mortgaged premises that lies withia the

bounds of any street, alley, or higbway; restrictions and easements ofrecord

(b) Any state of facts that an accurate, currently dated survey might disclose;

(c) Rights of tenants, occupants or squatters, if any. It shall be the responsibility of the Purchaser to

evict or remove any parties in possession of prernises being foreclosed- There shall be no pro-rata

adjusbnent in favor of the purchaser for any rents that are paid for a period after tlre date of the

foreclosure sale.
 The right ofredenrption of the united States
of America, if any; and it is further

ORDERED' ADTUDGED AND DECREED, tlat the Plaintiff or any other parties to this action may
become the purchaser or purchasers at such sale; that in case the Plaintiff shall
become the purchaser at the said

sale, it shall not be required to make any deposit tlereon; and it is fi:rther

ORDERED, ADJIIDGED AND DECREED' that the Referee conducting tbe sale shall pay out
of the
proceeds of sale all taxes, assessments and water rates which are liens upon the property at time of sale.
Purchaser shall be responsible for interest due on any real property tax liens accruing after the first day of the
month following the foreclosure sale; and it is further

ORDERED, ADITIDGED AND DECREED, that the Referee then take the remaining proceeds of sale

and deposit them in his own name as Referee in his IOLA account or other separate account, and in addition to

executing a deed to the purchaser(s) of the premises sold, shall tlrcreafter make the following payments and

hiVtrer checlcs drawn for that purpose:

FIRST: The statutory fees of said Referee, Stephen M. Kelley, Esq, for conducting the sale not to exceed

$500.00.

SECOND: The expenses of the sale including posting and advertising.

. THIRD: Said Referee shall also pay to the Plaintiffor its attorney the following: .

Costs and Disbursements. $1.465.42 adudged to the Plaintiff for costs and disbursements in this action

to be taxed by the clerk and inserted herein, with interest at the legal rate tbereon from the date of entry hereof.

Additional Allowances. $0.00. is hereby awarded to the Plaintiff in addition to costs wirh interest at the

legal rate thereon from the date hereof;

Amount Due per Referee's ReporL $65.067,13. said amount so reported due as aforesaid together with
the interest at the conhact rate thereon from the date computed to in said Report until the date of entry of this

judgment, with interest at the statuto

ry rate thereon uafil the date of ftansfer of the Referee's deed, or so much of
the pr.rchase money as will the same, and that he/she take a receipt for said payment and frle it with his/her report

of sale.
 Attoruey Fees' $3'050'0Q is hereby awarded to the Plaintiff
as reasonable legal fees herein, with legal

interest from ttre date of entry of the judgmen!

Plaintiff, may, after entry of this judgment, add to the amount due any and all advances
made by the

Plaintiff for inspection fees, maintenance charges, taxes, insurance premiums or other advances necessary
to

the property, whether"ottet said advances were made prior to or after entry ofjudgment, so long as
said
hO.*"*t
charges were not included in the Referee's Report, and ttre Referee be provided with receipts fcr said

expenditures, all together with interest thereon pursuant to the aote and mortgage.

FOURTH: That in case the Plaintiff be the purchaser of said mortgaged premises at said sale, said

Referee shall not require the Plaintiff 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 upon the palment to said Referee of the amounts specified

above in items marked 'tFirsti! and "Second"; that the balance of the amount bid after deducting the amounts paid

by the Plaintiff, for Referee's fees, and advertising expenses, shall be allowed to the Plaintiff and applied by said

Referee upon the amounts due to the Plaintiffas qpecified above in item marked oThird"; that if afier applying the
balance of the amouat bi4 there shall be a surplus over and above said amounts due to the plaiutiff, the plaintiff

shall pay the same to said Referee, who shall deposit the funds in accordance with paragraph 'FIFTH* below.

FIFTH: That said Referee deposit the surplus money, if any, with the Monroe County Director of

Finance within five days after the same shall be received and be ascertainable to the credit of this action, to be

withdrawn only on the written order of the Court, that the said Referee make his Report of such sale under oath

showing the disposition of the proceeds of the sale and file it witb the Clerk of the County of Monroe within thirly

days after completing the sale and executing the proper conveyance to the purchaser and that if tbe proceeds of
zuch sale be insufficient to pay the amount reported due the Plaintiff with interest and costs as aforesaid, the

Plaintiff may recover of the Defendant KEWN PATRICI( BRADY the whole deficiency or so much thereof as .

the Court may deterrnine to be just and equitable of the mortgage debt remaining unsatisfied after the sale of the

mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment
n
$i-tnuU be made as prescribed by Section 1371 of tbe Real Propeay Actions and proceedi::$ru* within rhe rime
l'
limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in
4
 it is turrher
)7*r{At^"tand
ORDERED' ADJUDGED AND DECRIED, that the purchaser or purchasers at such saie be let into

possession on producing the Referee's Deed; and it is fiuther

ORDERED, ADJITDGED AND DECREED, that each and all of the Defendants in this action and ail

p€rsons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action,

be and they hereby are, ba:red and foreclosed of all right, clainr, lien, title, interest and equity of redemption in the

said mortgaged prernises and each and every part thereof; and it is firrther

ORDERED, ADJUDGE:D AND DECREED, that the liens of the Plaintiff other than the mortgage or

that arc the subject matter of this action aiso be foreclosed herein as though the plaintiffYs*mea as
fur***s
a parfy Defendant, specifically reserving to the Plaintiffits right to share in any zurplus monies as a result of such

position as a lien creditor; and it is fi:rther

ORDERED, ADJUDGED AND DECP€ED, ttrat the Referee appointed herein is subject to the

requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from teceiving appoinhent

pursuant to provisions ofthat Rule, the Referee shall noti$ the Appointing Judge forthwith.

That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule

A - Legal Description.

Dated:

ON. JOIIN J. ARK

CueGat 146028