ions) to perform the work, within the time fixed by the court, in lieu of appointing a receiver and, if the owner or mortgagee fails to complete such work within the time allowed, the receiver shall then be appointed (subd. 5, par. c, cl. 3).
The receiver, expressly vested with “ all of the powers and duties of a receiver appointed in an action to foreclose a mortgage ’ ’, is to proceed ‘ ‘ with all reasonable speed ’ ’ to remove the nuisance ‘ ‘ constituting a serious fire hazard or a serious threat to life, health or safety ’ ’ and apply the rents which he is to collect from the property to the cost of “ removing or remedying such nuisance, to the payment of expenses reasonably necessary to the proper operation and management of the property * * * and to unpaid taxes, assessments ” and other charges (subd. 5, par. d, cl. 1). If the income from the property proves insufficient, the Department of Real Estate shall advance to the receiver—“ from a fund to be known as the multiple dwelling section three hundred nine operating fund ” (subd. 9) — any sums necessary to cover such cost and shall have a lien against the property for the sums so advanced (subd. 5, par. d, cl. 1). This lien, the statute goes on to recite (subd. 4, par. a), “ shall have priority over all other liens and encumbrances except taxes, assessments and mortgages recorded previously to the existence of such lien,” except as otherwise provided in subdivision 5. And that subdivision, in paragraph e, declares that the lien in favor of the department “ shall be subject to any [previously recorded] mortgage or lien * * * and the rights of the holders of such mortgages or liens shall not in any way be impaired by the appointment of a receiver * * * or by the existence of such lien; provided, however, that no s