STATE OF NEW YORK SUPREME COURT COUNTY OF OTSEGO ----------------------------------------------------------------------------- Community Bank, N.A., successor by merger to Wilber National Bank,Index No.: 2014-953 Plaintiff, -vs-NOTICE OF SALE OGD V-HVAC, INC.; OPTO GENERIC DEVICES, INC.; Ormonde G. Durham, III; New York State Department of Taxation and Finance Corporation Tax, Defendants. ------------------------------------------------------------------------------ In pursuance of a Judgment of Foreclosure and Sale duly granted in the above-entitled matter and dated May 20, 2015, I, Robert M. Larkin, Esq., Referee appointed by Order dated April 21, 2015, will sell at Public Auction in the Otsego County Office Building, 197 Main Street, in Cooperstown, in the County of Otsego, State of New York on September 2, 2015 at 11:30 in the forenoon of that day, the following premises, all as directed and as set forth in said Judgment and therein described as follows: PARCEL NO. 1: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF SPRINGFIELD, COUNTY OF OTSEGO AND STATE OF NEW YORK, BOUNDED AS FOLLOWS: COMMENCING AT THE N.W. CORNER OF ALFRED BRANDOW S LAND IN THE HIGHWAY LEADING FROM VAN HORNSEVILE TO THE CHYLE; THENCE S. ALONG THE LINE OF ALFRED BRANDOW'S LAND TO LANDS NOW OR FORMERLY OF SAMUEL SMITH; THENCE N. ALONG THE LINE OF SAMUEL SMITH AND LEVI WILES TO THE HIGHWAY LEADING FROM LEVI WILES TO PUMPKIN HOOK; THENCE WEST ALONG SAID HIGHWAY TO LANDS NOW OR FORMERLY OF EMELINE STRYKER; THENCE EAST ALONG THE LINE OF EMELINE STRYKER, MRS. JOSEPH HERKIMER AND DELIA VAN AUKEN TO THE PLACE OF BEGI NNING, CONTAINING 63 ACRES OF LAND MORE OR LESS. PARCEL NO. 2: ALSO ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF SPRINGFIELD, AFORESAID BOUNDED AS FOLLOWS: BEGINNING AT THE FOOT OF THE HILL ON THE HIGHWAY LEADING FROM LEVI WILES TO THE BURYING GROUND; THENCE RUNNING IN A SOUTHERLY DIRECTION ALONG THE LANDS NOW OR FORMERLY OF LEVI WILES UNTIL IT STRIKES THE LANDS OF R.T.E. VANHORNE; THENCE WESTERLY ALONG LANDS OF SAID VANHORNE AND BASSETT VEDDER UNTIL IT STRIKES THE S.E. CORNER OF LAND FORMERLY OF JOSEPH ELWOOD; THENCE NORTHERLY ALONG THE LANDS OF SAID ELWOOD TO A BASSWOOD CENTER LINE TREE; THENCE ALONG SAID LINE TO A SHORT PANEL IN THE FENCE BY THE SIDE OF THE HIGHWAY NEAR NELSON COOK'S BARN; THENCE EASTERLY ALONG SAID HIGHWAY TO THE PLACE OF BEGINNING, CONTAINING TWENTY ACRES OF LAND MORE OR LESS. PARCEL NO. 3: ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF SPRINGFIELD, AFORESAID BOUNDED AS FOLLOWS: ON THE NORTH BY THE HIGHWAY LEADING FROM THE COOK BURYING GROUND TO LEVI WILES; EAST BY LANDS NOW OR FORMERLY OF SAID LEVI WILES; SOUTH BY LANDS FORMERLY OWNED BY BASSETT VEEDER AND ON THE WEST BY THE HIGHWAY LEADING FROM THE ABOVE MENTIONED BURYING GROUND SOUTH TO THE PREMISES FORMERLY OWNED BY CHARLES KINTER, CONTAINING TWENTY EIGHT ACRES OF LAND MORE OR LESS. PARCEL NO. 4: ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF SPRINGFIELD AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING IN THE S.E. CORNER OF THE SWAMP LOT FORMERLY OWNED BY LEVI WILES AND FROM THENCE N. 27 30' W., ALONG THE LINE OF LANDS NOW OR FORMERLY OF DANIEL BACKUS 7.87 CHS. TO AN IRON PIN DRIVEN IN THE GROUND FOR A CORNER; THENCE S. 65 W., THROUGH SAID SWAMP LOT TO A STAKE DRIVEN IN THE GROUND FOR A CORNER; THENCE S. 56 30' E., ALONG THE LINE OF LANDS NOW OR FORMERLY OF DANIEL SMITH ABOUT 11.20 CHS. TO A POINT AT THE END OF AN OLD WALL; THENCE N. 35 45' E., 3.73 CHS. TO THE PLACE OF BEGINNING, CONTAINING 5 1/2 ACRES OF LAND MORE OR LESS AND IS THE S.E. PART OF THE SWAMP LOT FORMERLY OWNED BY LEVI WILES. THE LANDS ABOVE DESCRIBED ARE REFERRED TO AS PARCEL NO. 1, PARCEL NO. 2 AND PARCEL NO. 3 ARE SITUATE ON BOTH SIDES OF PUMPKIN HOOK ROAD IN THE TOWN OF SPRINGFIELD. THE LANDS SITUATE ON THE NORTHERLY SIDE OF SAID ROAD ARE CURRENTLY BOUNDED AS FOLLOWS: ON THE EAST BY LANDS OF FAHEY AND LANDS OF PINCHOT; ON THE NORTH BY LANDS OF MORTENSEN; ON THE WEST BY THE CHYLE ROAD AND LANDS FORMERLY OF PUMPKIN HOOK AND ON THE SOUTH BY PUMPKIN HOOK ROAD. THE LANDS SITUATE ON THE SOUTHERLY SIDE OF SAID ROAD ARE CURRENTLY BOUNDED ON THE EAST BY LANDS OF FAHEY; ON THE SOUTH BY LANDS OF JUNGKIND AND LANDS OF JANCZUK; ON THE WEST BY LANDS OF JANCZUK AND NORTH BY PUMPKIN ROOK ROAD, THE LANDS ABOVE DESCRIBED ARE REFERRED TO AS PARCEL NO. 4 ARE CURRENTLY BOUNDED AS FOLLOWS: ON THE NORTH BY LANDS OF FAHEY; ON THE EAST AND WEST BY LANDS OF JUNGKIND AND ON THE SOUTH BY LANDS OF HAGAMAN. EXCEPTING AND RESERVING LANDS CONVEYED PROM OPTO GENERIC DEVICES, INC. TO HAROLD C, WITTER AND RUTH WITTER BY DEED DATED 01/20/1989, RECORDED 01/25/1989 IN THE OFFICE OF THE CLERK, OTSEGO COUNTY, IN LIBER 734 OF DEEDS AT PAGE 732. ALSO EXCEPTING AND RESERVING LANDS CONVEYED FROM OPTO GENERIC DEVICES, INC. TO JAMES E. DRAKE, SR. AND VIRGINIA DRAKE BY DEED DATED 01/20/1989, RECORDED 01/25/1989 IN THE OFFICE OF THE CLERK, OTSEGO COUNTY, IN LIBER 734 OF DEEDS AT PAGE 742. Such sales shall be "AS IS" and subject to such terms and conditions as shall be announced at the sales. Dated: July 7, 2015.Robert M. Larkin, Esq., Referee Menter, Rudin&Trivelpiece, P.C. Attorneys for Plaintiff Office and Post Office Address 308 Maltbie Street, Suite 200 Syracuse, New York 13204-1498 Attn. Antonio E. Caruso, Esq. Telephone: (315) 474-7541
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