Harel FF, LP v. Amadeus 140 LLC et al

Filing 74

CONSENT JUDGMENT OF FORECLOSURE AND SALE: NOW, upon the Stipulation whereby AMADEUS 140 LLC and HAROUTIUN DERDERIAN A/K/A HARRY DERDERIAN consent to this application for a Judgment of Foreclosure and Sale, it is ORDERED, ADJUDGED AND DECREED, that t he Mortgaged Property described in the Complaint and described in Schedule A annexed hereto, together with all right, title, and interest of the owner thereof, if any, in and to the land lying in the streets and road in front of the adjoining said premises, to the center line thereof, together with all fixtures and articles of personnel property annexed to installed in, or used in connection with the Mortgaged Property, all is more fully set forth in the aforementioned Mortgage, be sold in one parcel as follows: 140 East 37th Street, New York, New York 10016 (Block: 892, Lot: 59), at public auction to be held in the THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 500 PEARL STREET, NEW YORK, NEW YORK, 10007, BY AND UNDER THE DIRECTION OF CHARLES L. EMMA, ESQ., LAW OFFICE OF CHARLES L. EMMA, ESQ., 8410 THIRD AVENUE - 2ND FLOOR, BROOKLYN, NEW YORK 11209, PHONE NUMBER (718) 232 - 3001, or his duly appointed designee, who is hereby appointed Referee for that purpo se, as further set forth. ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said proceeds of sale in his/her own name as Referee in any local banking institution insured by the FDIC and shall thereafter make the followin g payments and his/her checks drawn for that purpose shall be paid by said depository. 1st: The sum of $1,500.00 to said Referee for his fees herein. 2nd: The expenses of the sale and the advertising expenses as shown on the bills presented to said Referee and certified by him to be correct, duplicate copies of which shall be left with said depository. 3rd: And also the sum as stipulated, consented and agreed to by Plaintiff and Stipulating Defendants to the amounts as of May 31, 2021 as set forth below: Principal $2,900,000.00, September 2019 Remaining Stated Interest Owed $19,502.44, October 2019 through May 2021 Default Interest Owed (20 Months) $1,208,333.33, Expenses $15,958.91, Escrow ($79.42), Legal &# 036;44,469.60, Total $4,188,184.86, together with interest at the rate of 25.00% as set forth in the Note ("Default Rate Interest") thereon pursuant to the terms of the Note from May 31, 2021, on the unpaid principal balance as of the date the interest was calculated to herein, and thereafter on the entire sum due to Plaintiff, with Default Rate Interest thereon through and after judgment is entered and then continuing with Default Rate Interest until the date of the transfe r of the Referee's Deed or so much thereof as the purchase money of the Property will pay of the same, together with any advances as provided for in the Note and Mortgage which Plaintiff may have made for taxes, insurance, principal and interes t and any other charges due to prior mortgages or to maintain the Mortgaged Property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation to the Referee of receipts for said expenditures, all together with Default Rate Interest thereon pursuant to the Note as above provided, as further set forth in this Order. (Signed by Judge Katherine Polk Failla on 6/3/2021) (mml)

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ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at the foreclosure sale shall pay: (i) any Town, Village, City, Hamlet transfer taxes, New York State transfer taxes and any other tax imposed upon and/or arising from the transfer of title; and (ii) any other charges occurring as a result of the transfer of title, including but not limited to deed stamps, if any, and recording fees. Said premises commonly known as: 140 East 37 th Street, New York, New York 10016 (Block: 892, Lot: 59). A description of the Mortgaged Property is annexed hereto and made a part hereof as Schedule "A". Dated: New York, New York 2021 June 3 ------� Honorable Katherine Polk Failla United States District Judge SCHEDULE "A" Property Description {01102588,DOCX;2} 10

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