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Decided on December 10, 2009
Supreme Court, Broome County
In the Matter of the Non -Judicial Foreclosure by Power of Sale
Pursuant to RPAPL Article 14 of DECISION & ORDER Premises
Located at Section 159.09, Block 2, Lot 9 Index No. 2009-1591 Wells
Fargo Bank, N.A. SUCCESSOR BY RJI No. 2009-1397
CONSOLIDATION TO WELLS FARGO BANK MINNESOTA, N.A.
(F/K/A NORWEST BANK MINNESOTA, NATIONAL
ASSOCIATION) AS TRUSTEE FOR THE REGISTERED
CERTIFICATEHOLDERS OF SALOMON BROTHERS MORTGAGE
SECURITIES VII, INC. COMMERCIAL MORTGAGE PASS -
THROUGH CERTIFICATES, SERIES 2000-C1, Mortgagee,

against

Arena Hotel Corp., Mortgagor. VESTAL TILE DISTRIBUTORS INC.,
BB & T CORPORATION and LEXMARK CARPET STORES, INC.,
Mechanics Lienors.







2009-1591
APPEARANCES:
COUNSEL FOR PLAINTIFF:McCARTER & ENGLISH, LLP BY: PETER KNOB, ESQ., OF COUNSEL FOUR GATEWAY CENTER 100 MULBERRY STREET NEWARK, NJ 07102 COUNSEL FOR DEFENDANTS:COUGHLIN & GERHART, LLP BY:GORDON E. THOMPSON, ESQ., OF COUNSEL 19 CHENANGO STREET BINGHAMTON, NY 13901 Ferris D. Lebous, J.
This is an action to foreclose a mortgage upon certain real property by power of sale pursuant to RPAPL Article 14. Plaintiff-mortgagee, Wells Fargo et al., claims that defendant-mortgagor, Arena Hotel Corp., is in default as a result of failing to make the required loan payments since September 2008. The mortgage covers real property known as the Holiday Inn & Arena located along Hawley Street in Binghamton, New York.
By Order to Show Cause dated October 22, 2009, defendant, Arena Hotel Corp., moved for an order directing the foreclosure proceed, if at all, pursuant to RPAPL Article 13. This court stayed any further proceedings to foreclosure pursuant to RPAPL Article 14 pending a hearing and determination of this application.
The court has issued a nearly identical Decision & Order this date on a related case entitled Wells Fargo et al. v Tamarind Hotels USA Inc. under Broome Index No. 2009-1594.
BACKGROUND
On December 30, 1993, defendant-mortgagor, Arena Hotel Corp., purchased this property and executed a $4.35 million Note and Mortgage to Coast Federal Bank, Federal Savings Bank. [*2]
Subsequent thereto, Washington Mutual Bank F.A. became the holder of the mortgage as successor

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