STATE OF NEW YORK SUPREME COURT COUNTY OF OTSEGO NBT BANK, NATIONAL ASSOCIATION, Plaintiff,NOTICE OF SALE vs. Index No. 20131118 ANNE I. JOHNSON; ISSACC P. JOHNSON; DANIEL CROWELL,RJI No.2014-0095 Otsego County Treasurer, as Administrator to the Estate of Elmer G. Johnson; UNITED STATES OF AMERICA, acting through the Farm Service Agency, United States Department of Agriculture; LENAPE RESOURCES, INC.; JESSE JOHNSON; ISAIAH JOHNSON, Defendants. Pursuant to a Judgment of Foreclosure and Sale, duly granted herein, and entered in the Office of the Clerk of Otsego County, New York, I, William C. Green, Esq. the Referee therein named, will sell at public auction (i) by consecutive sales of individual parcels set forth on Schedule "A" as Parcel I and Parcel II, however, before said sales are struck down and finalized, the Referee shall conduct (ii) the sale of Parcel I and Parcel II as a whole with the improvements and fixtures located thereon, at the entrance to the Otsego County Office Building, 197 Main Street, Cooperstown, New York, on Wednesday, September 16, 2015, at 10:00 a.m. The Referee shall then strike down as the final sale(s) either (i) or (ii) above whichever sale(s) has the higher aggregate bid amount. Said sales as conducted under (i) and (ii) above shall be subject to (1) any state of facts an accurate survey may show, (2) covenants, restrictions and easements of record, (3) any building and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, state, or federal government, or any agency, bureau, commission or department with jurisdiction over the Mortgaged Property, and any violations or notices of violations issued by same, including, but not limited to code violations and reapportionment of lot lines, (4) any rights of tenants or persons in possession of the Mortgaged Property, including any applicable rights and obligations set forth in RPAPL 1305 (Notice to Tenant), (5) claims, if any, of any Indian Tribe or Tribes or Groups, (6) the right of redemption of the United States of America, if any, (7) mortgage given by Elmer G. Johnson and Anne I. Johnson to NBT Bank, National Association on October 25, 2001, securing $38,000.00 and recorded in the Otsego County Clerk's Office on October 26, 2001 in Book 984 of Mortgages at page 233, and covering only a portion of the Mortgaged Property, specifically, tax map number 317.00-1-48.01, (8) mortgage given by Elmer Johnson and Anne Johnson to NBT Bank, National Association on May 10, 2006, securing $65,000.00 and recorded in the Otsego County Clerk's Office on May 12, 2006 in Book 1485 of Mortgages at page 783, and covering only a portion of the Mortgaged Property, specifically, tax map number 317.00-1-48.01, (9) mortgage given by Elmer G. Johnson and Anne Johnson to NBT Bank, National Association on October 26, 2006, securing $110,000.00 and recorded in the Otsego County Clerk's Office on November 6, 2006 in Book 1504 of Mortgages at page 141, and covering only a portion of the Mortgaged Property, specifically, tax map number 317.00-1-12.02, (10) the lien held by plaintiff relative to a double-wide home described on a Title Certificate issued by the New York State Department of Motor Vehicles for VIN #190522710812AB which is located on a portion of the Mortgaged Property, specifically, tax map numbers 317.00-1-12.02 and 317.00-1-16.01, and (11) the provisions of the Terms of Sale to be provided at the public auction. Dated: August 11, 2015 William C. Green, Referee GETNICK LIVINGSTON ATKINSON&PRIORE, LLP Attorneys for Plaintiff Office and Post Office Address 258 Genesee Street Utica, NY 13502 (315) 797-9261 Schedule A Parcel I - Tax Map No. 317.00-1-48.01 "ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Otego, Otsego County, New York, bounded and described as follows: 'BEGINNING at the southeast corner of the premises of first party at an iron pin, and running thence in a straight line S 60 15' W, along the lands of first party 251 feet to the center of the Otsdawa Creek highway; thence northerly along the center of Otsdawa Creek highway 130 feet to a corner; thence at right angles N 60 15' E, a distance of two hundred fifty one feet to a corner to be marked by an iron pin; thence in a straight line S 30 55' E, one hundred thirty feet to t the place of beginning.' EXCEPTING and reserving any and all Rights of Way or Easements heretofore granted to New York State Electric&gas Corporation or any other public utility. BEING the same premises conveyed by Jeanette E. Rutherford to Elmer G. Johnson and Anne I. Johnson by Warranty Deed dated October 24, 2001, and recorded in the Otsego County Clerk's Office on October 26, 2001 in Liber 949 of Deeds at page 144. TOGETHER with all right, title and interest if any, of the mortgagor in and to any streets and roads abutting the Mortgaged Property to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the mortgagor in and to the Mortgaged Property. TOGETHER with all fixtures located on the Mortgaged Property. Parcel II - Tax Map No. 317.00-1-12.02 ALL THAT TRACT OR PARCEL OF LAND; situate in the Town of Otego, Otsego County, New York, bounded and described as follows: Beginning at a point on the Southwesterly side of Flax Island Road, said point marking the northerly corner of the premises conveyed herein and the easterly corner of the premises now or formerly of Bush; running thence in a southwesterly direction, first along the southwesterly bounds of Bush and then Hart and thence Dunne, a total distance of 790 feet more or less to a point; said point marking the southerly corner of the premises now or formerly more or less to a point; said point marking the southerly corner of the premises now or formerly of Dunne; thence in a northwesterly direction along the southwesterly bounds of Dunne, 216 feet more or less to a point on the premises now or formerly of Haney; thence along a wire fence marking the southeasterly bounds of Haney, 1693 feet more or less to a point; said point marking the northerly corner of the premises now or formerly of O'Hara; thence in a southeasterly direction along a fence marking the northwesterly bounds of O'Hara, 2066 feet more or less to a point; said point marking the westerly corner of the premises now or formerly of Rutherford; thence along the northwesterly bounds of first Rutherford and then Classen Estate, marked partly by a wire fence and partly by a stone wall, a total distance of 1991 feet more or less to a point; said point marking the southerly corner of the premises now or formerly of Fisher; thence along the southwesterly bounds first of Fisher, and than Bliss; a total distance of 492 feet to a point marking the westerly corner of the premises of Bliss; thence in a northeasterly direction along the northwesterly bounds of Bliss 141 feet to a point on the southwesterly bounds of Flax Island Road, thence in a generally northwesterly direction along the southwesterly bounds of Flax Island Road, 1206 feet more or less to the point or place of beginning. First party conveys any title that she may own to the premises lying in front of the above described premises up to the corner of Flax Island Road. Subject to public utility easement s of record and highway rights and easements. BEING the premises conveyed by Jeannette E. Rutherford to Elmer G. Johnson and Anne I. Johnson by Warranty Deed dated January 2, 2002, ad recorded in the Otsego County Clerk's Office on January 23, 2002 in Liber 957 of Deeds at page 302. Tax Map No. 317.00-1-16.01 ALL that tract or parcel of land situate in the town of Otego, County of Otsego and State of New York, described as Residential, 1.05 acres, Flax Island Road, Tax Map No. 317.00-1-16.01, formerly assessed to Douglas Bliss& Robert F. Donlin. Said property having been sold at Tax Sale and bid in by the County of Otsego. Being the same premises conveyed by a County Treasurer's Deed dated May 30, 2003 between Theodora P. Moore, Treasurer of the County of Otsego, and the County of Otsego, and recorded in the Otsego County Clerk's Office May 30, 2003 in Liber 1006 of Deeds at page 19. This conveyance is made subject to the following conditions;: The County of Otsego shall in no event be or become liable for any defects in the title so conveyed for any cause whatsoever said that no claim or demand of any nature shall ever be made against the County of Otsego from said conveyance or any proceedings leading thereto. The County of Otsego makes no warranties or representations as to the marketability of title to this property, or whether there are any claims to title, ownership or possession, and further makes no warranties express or implied as to the condition of the premises. This conveyance is made subject to Resolution No. 264-2003 of the Otsego County Board of .representatives, adopted on the 3rd day of September, 2003. BEING the same premises conveyed by Cory L. Wilber to Elmer G. Johnson by Quitclaim Deed August 14, 2006, and recorded in the Otsego County Clerk's Office on August 30, 2006 in Liber 1096 of Deeds at page 908.
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