STATE OF NEW YORK SUPREME COURT COUNTY OF OTSEGO NATIONAL BANK OF DELAWARE COUNTY, Plaintiff, NOTICE OF SALE vs. Index No. 20140334 RJI No. 2014-0253 JASON YOUNGS, as Administrator of the Estate of Susan L. Youngs and as Executor of the Estate of Philip M. Youngs; RBS CITIZENS, N.A.; PEOPLE OF THE STATE OF NEW YORK, acting through the Commissioner of Taxation and Finance; UNITED STATES OF AMERICA, 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, James J. Devine, Jr. , the Referee therein named, will sell at public auction at the entrance of the Otsego County Office Building, 197 Main Street, Cooperstown, New York, on Wednesday, December 10, 2014 at 11:30 a.m., the mortgaged property described in said Judgment as follows: SEE SCHEDULE "A" ATTACHED HERETO. Said mortgaged property is sold 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, and (7) the provisions of the Terms of Sale to be provided at the public auction. Dated: November 5, 2014 James J. Devine, Jr., 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" ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Unadilla, County of Otsego and State of New York and being a portion of Lot No. 50 of the Upton Patent and being more particularly described as follows: Commencing at an iron pin located on the southerly edge of Rogers Hollow Road, said pin being the northeast corner of lands of Phillip M. Youngs and Susan M. Youngs as conveyed by deed from Joseph and Joan Perno and recorded in the Otsego County Clerk's Office on March 20, 1984 in Liber 695 of Deeds at Page 187; thence running N. 52 deg. 30' E. along the south boundary of the Rogers Hollow Road 424.5' to a pin located at the northwest corner of the Grange property; thence running S. 21 deg. 30' E. along an existing fence line, said fence line also being the west line of the Grange property a distance of 113.7 feet to an iron pin; said pin marking the northwest corner of land now or formerly of Garland L. Ryan et ux as described in Liber 641 of Deeds at Page 831; thence along the west boundary of lands of Ryan, said boundary also being a fence line, S. 29 deg. 53' E. 99 feet to an iron set in the fence line; thence S. 52 deg. 3' E. 442 feet to an iron pin set in a fence corner; said corner being the south corner of lands d escribed in Liber 641 of Deeds at Page 831; thence continuing along a fence line marking the west boundary of other lands of Ryan S. 5 deg. 24' E. 247.6 feet to an iron pin; thence running S. 62 deg. 26' W. through the lands of grantor and partially along a stone wall, a distance of 615.4 feet to an iron pin set in a stone wall; said iron pin also marking the southeast corner of lands formerly of Perno, now owned by Youngs per deed recorded in Liber 695 of Deeds at Page 187; thence running N. 15 deg. 58' W. along the east line of lands formerly of Perno (now Youngs) a distance of 762.3 feet to the point or place of beginning. Containing by estimation 10.1 acres of land be the same more or less. TOGETHER with all rights that the grantor has in and to the bed of Rogers Hollow Road from the afore described south highway boundary to the centerline of said road. SUBJECT to the rights of the people in and to the use of Rogers Hollow Road. SUBJECT to public utility easements and rights of way of record or of use that may affect the above described premises. BEING the same premises conveyed by Phillip M. Youngs a/k/a Philip M. Youngs and Susan L. Youngs to Susan L. Youngs by Warranty Deed dated March 8, 1991 and recorded in the Otsego County Clerk's Office on March 11, 1991 in Book 751 of Deeds at page 494. 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. PERSONAL PROPERTY TOGETHER with the Personal Property defined as, inventory, equipment, machinery, and tooling located on the Mortgaged Premises at the time of sale and covered by the security interest of Plaintiff.
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