ANTHONY CURETON, SHERIFF
OFFICE OF THE
BERGEN COUNTY SHERIFF
25002086
SHERIFF'S NOTICE
SUPERIOR COURT
OF NEW JERSEY
CHANCERY DIVISION
BERGEN COUNTY
DOCKET NO. F01064124
Plaintiff: COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BBCMS MORTGAGE TRUST 2023-C22, COMMERICAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2023-C22
vs.
Defendant: 100 PHILLIPS PARKWAY LLC, SYMS CONSTRUCTIONS LLC AND WATER DYNAMICS, INC
Writ of Execution Date: 5/12/2025
Attorney:
Polsinelli PC
600 Third Avenue
42nd Floor
New York, NY 10016
By virtue of the above stated writ to me directed and delivered, I have levied upon and will expose for sale at public venue at the Sheriff's Office in the City of Hackensack, 2 Bergen County Plaza, Hackensack, NJ 07601 on
Friday, October 17, 2025
at twelve o'clock in the afternoon, prevailing time; County of Bergen, State of New Jersey.
All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the BOROUGH OF MONTVALE County of Bergen and State of New Jersey:
Premises commonly known as: 100 PHILLIPS PARKWAY, MONTVALE, NJ 07645
Tax Lot #: 2, Block #: 3103
Dimensions: (Approx.) 11.238
Nearest Cross Street: GARDEN STATE PARKWAY
Amount Due for Taxes: SUBJECT TO ANY OPEN TAXES, WATER/SEWER MUNICIPAL OR TAX LIENS THAT MAYBE DUE, THERE ARE TAX LIENS ON THE PROPERTY, THE AMOUNTS OF WHICH ARE PRESENTLY UNKNOWN. TAX AND PRIOR LIEN INFO: AT THE TIME OF PUBLICATION, TAXES/SEWER/WATER INFORMATION WAS NOT AVAILABLE - 708 MUST CHECK WITH THE TAX COLLECTOR FOR EXACT AMOUNTS DUE.
As the above description does not constitute a full legal description, said full legal description is annexed to that certain mortgage recorded in the Register of Deeds & Mortgages of Bergen County on September 5, 2023 in Book V-5077, Page 1089 then assigned to Comptureshare Trust Company, National Association, as Trustee for the Benefit of the Registered Holders of BBCMS Mortgage Trust 2023-C22, Commercial Mortgage Pass-Through Certificates, Series 2023-C22 recorded August 20, 2024 in Book V-5303, Page 108 and the Writ of Execution on file with the Sheriff of Bergen County. A full legal description can be found in the office of the Clerk of Bergen County.
Borrower is limited liability company and not a natural person, and becuase neither Borrower nor Borrower's immediate family reside in the Mortgaged Premises, the Mortgage is a "non-residential mortgage" under the Fair Foreclosure Act, PL. 195, c. 244. Under the Act, "Residential property" means real property located in this State [in which people reside or dwell as their primary residence,] which is utilized as a primary residence or dwelling, and shall not include any real property which is [used] acquired for investment, commercial, or business purposes or 2[residential] real property containing more than four residential units.
The Community Wealth Preservation Program (CWPP) solely applies to "residential properties" which are defined as real property within the State that it "...utilized as a primary residence or dwelling." The CWPP expressly excludes real property that is acquired for "investment commercial, or business purposes or real property containing more than four residential units"
LEGAL DESCRIPTION
ALL that certain lot, tract or pracel of land, situate, lying and being in the Borough of Montvale, County of Bergen, and State of New Jersey and is bounded and described as follows:
BEING known and designed as Lot 39B (part of) in Block 65-C as shown on a certain map entitiled Map of Final Subdivision Plat Montvale Parkway Campus, Borough of Montvale, Couty of Bergen, New Jersey, which map was filed in the office of the Clerk of Bergen County on 01/30/1970 as Filed Map No.6901
BEGINNING at a point in the Northerly line of Road C (now known as Van Riper Road) on a map numbered 6901 filed January 30, 1970 in the Bergen County Clerk's Office and entitled Final Subdivision Plat, Montvale Parkway Campus, Borough of Montvale, County of Bergen, NJ made by Earle W. Bailey, P.S. and Assoc., Civil Engineer and Land Surveyors, Hillsdale, New Jersey, dated November, 1968, which point is distant Easterly South 57 degrees 13 minutes 33 seconds East, 220.84 feet from the intersection of the northerly line fo Van Riper Road produced westerly with the westerly line of BMW Plaza produced northerly and running; thence
1. North 32 degrees 46 minutes 27 seconds East, 152.60 feet to a point; thence
2. North 15 degrees 47 minutes 00 seconds West, 294.60 feet to a point; thence
3. North 60 degrees 43 minutes 33 seconds West, 404.33 feet to the Easterly Right of Way of the Garden State Parkway; thence
4. Along said Right of Way, North 29 degrees 16 minutes 27 seconds East, 735.92 feet to a point; thence
5. South 57 degrees 32 minutes 23 seconds East, 491.04 feet to a point; thence
6. South 08 degrees 40 minutes 22 seconds West, 265.47 feet to the Northerly Right of Way of Phillips Parkway; thence
7. Westerly along said Northerly line of Philips Parkway on a curve to the right, with a radius of 50.00 feet, an are distance of 28.53 feet to a point of reverse curvature; thence
8. Continuing on a curve to the left with a radius of 60.00 feet, an are distance of 228.25 feet, to a point of reverse curvature; thence
9. Southeasterly, on a curve to the right, with a radius of 30 fee, an are distance of 50.53 feet to a point of tangency, which point is the westerly line of Van Riper Road, thence
10. Continuing along same, South 11 degrees 58 minutes 13 seconds West, 513.43 feet to a point fo curvature; thence
11. On a curvature to the right with a radius of 152.60 feet, an are distance of 295.11 feet to the ponit and place of BEGINNING
Tax Lot: 2 Block: 3103 Tax Map of the Borough of Montvale, County of Bergen, State of New Jersey
NOTE: Lot and Block shown for informational purposes only.
NOTE FOR INFORMATION ONLY: Mailing address is 100 Philips Parkway, Montvale, NJ 07645-1851
Surplus Money: If after the sale and satisfaction of the mortgage debt, including costs and expenses, there remains any surplus money, the money will be deposited into the Superior Court Trust Fund and any person claiming the surplus, or any part thereof, may file a motion pursuant to the Court Rules 4:64-3 and 4:57-2 stating the nature and extent of that person's claim and asking for an order directing payment of the surplus money. The Sheriff or other person conducting the sale will have information regarding the surplus, if any.
Together with all and singular the rights, liberties, privileges, hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, use, property, claim and demand of the said defendants of, in, to and out of the same, be sold to pay and satisfy in the first place unto the said plaintiff the sum of $13,095,432.20 plus interest thereon; 20% of the purchase price in the form of certified Check or Cash is required at time of sale. The property shall be sold subject to all liens and encumbrances of record and the Sheriff makes no representations expressed or implied, as to the existence, amount, or validity of any liens and encumbrances on the property which is the subject matter of this sale. This notice is further subject to Conditions of Sale as set forth by the Sheriff of Bergen County and is subject to the terms and conditions of the Foreclosure Fairness Act.
The short form description provided herein does not constitute a full legal description. A full legal description is annexed to the Writ of Execution on file with the Sheriff of Bergen County.
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