REAL ESTATE:

Lot B:  This lot contains 9.323 acres w/779.93' along the Northerly bounds of Ellenberg Center Rd. (Old State Rte. 190) and is situated on the north side of the main highway in the southwest corner of Lot A.  The property has land base, stream and an older one and half to two story dwelling with attached garage.  Under current agreement, there is no water to the house.  The water is from a property opposite the street.  If there were an arms length transaction, there are no provisions for this water to continue. 



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Lot D: Gravesite Lot - Land Only:   42.090 acres w/1591.03' on Arno Rd. Lot D is situated along the central south portion of the farm.  Approximately half of the parcel is tillable, which is situated along the western and northern portion of the parcel.  The southeastern portion of the parcel is hillside, brush and wooded and also contains the mother's gravesite. 

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STATE OF NEW YORK

SUPREME COURT COUNTY OF CLINTON

HSBC BANK USA, NATIONAL ASSOCIATION, successor by

merger to HSBC Bank USA f/k/a Marine Midland Bank,

Plaintiff, TERMS OF SALE

vs.

RONALD D. BRUNET; BETTY J. BRUNET; MAURICE J. Index No. 03-1098

BRUNET; MEUNERIE ROBITAILLE, INC; WELLS FARGO RJI No. 09-1-2004-0254

FINANCIAL LEASING, INC.; MICHAEL J. O'CONNOR, ESQ.,

as Chapter 7 Trustee in the bankruptcy of Ronald D. Brunet and Betty

J. Brunet; WAYNE G. BLAKE, JR.,

Defendants.

The premises ("Premises") described in the annexed Notice of Sale will be sold under the direction of Joseph Lavorando, Referee, with the assistance of Uncle Sam Auctions & Realty, Inc. as follows: the sale of Lot B, Lot D and Lot E set forth on Schedule "A" shall be conducted in an order of the Referee's discretion as singular or combination sales with the improvements and fixtures located thereon, upon the following terms:

1st - A $5,000.00 deposit ("Down Payment") for each Lot, whether sold by singular or combination sales, said sum to be applied to the purchase price for the Premises will be required to be paid, in the form of a certified check, bank draft, cash or money order, to the said Referee at the time and place of sale, for which the Referee's receipt will be given. In addition, a 12% buyer's premium ("Buyer's Premium") is due and payable to the auctioneer in cash or check accompanied by a bank letter of guaranteed payment, such amount shall be in addition to the purchase price.

2nd - The residue of the purchase price will be required to be paid in certified funds to the said Referee at the offices of Getnick Livingston Atkinson Gigliotti & Priore, LLP within thirty (30) days of the date of sale herein (said date hereinafter referred to as "Date of Closing"), when the said Referee's deed will be ready for delivery. TIME IS OF THE ESSENCE. Interest will accrue on the bid amount or the judgment amount, whichever is lower, at the legal rate of interest of nine (9.0%) percent per annum until the Date of Closing.

3rd - Referee is not required to send any notice to purchaser; and if purchaser neglects to call at the time and place above specified, to receive said deed, Referee, at Referee's option, may (i) extend the Date of Closing, or (ii) follow the provisions in Paragraph "5th" herein.

4th - Purchaser of the Premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of the purchase, and an agreement to comply with the terms and conditions herein contained.

5th - The bidding will be kept open after the Premises is struck down, and in case any purchaser shall fail to comply with any of the above conditions of sale, the Premises so struck down to purchaser will be again put up for sale under the direction of said Referee under these same terms of sale, without application to the Court unless plaintiff's attorneys shall elect to make such application; and such purchaser shall be held liable for any deficiency there may be between the sum for which the Premises shall be struck down upon the sale and that for which they may be purchased on the re-sale, and also for all costs and expenses occurring on such re-sale. In the event of default by purchaser, the $5,000.00 Down Payment for each Lot, whether sold by singular or combination sales, and/or the Buyer's Premium may be forfeited at plaintiff's discretion as liquidated damages in lieu of any further action against purchaser because of the alleged default. Referee reserves the right to sell to the second highest bidder if purchaser defaults.

6th - The Premises, whether sold in singular or combination sales, will be sold subject to (i) any state of facts an accurate survey may show, (ii) covenants, restrictions and easements of record, (iii) federal, state and municipal laws, regulations and ordinances and any violations thereof affecting the Mortgaged Property, (iv) the rights and interests of all tenants of said Mortgaged Property who or which are not joined in this action, (v) claims, if any, of any Indian Tribe or Tribes or Groups (vi) the right of redemption of the United States of America, if any, (vii) the rights and interests of any secured party under a properly filed Financing Statement who or which are not joined in this action.

7th - The Premises will be sold subject to any state of facts an inspection would disclose, it being understood that the premises are sold in an "as is" and "where is" condition.

8th - At such time as the Referee's Deed is delivered to purchaser, purchaser shall be responsible for the payment of recording fee for deed, filing fee for equalization form and final redate of abstract of title.

Dated: June 21, 2005

Joseph Lavorando, Referee

MEMORANDUM OF SALE

______________________________, having an address of ______________________________, has this 21st day of June, 2005, purchased the Premises described in the annexed printed Notice of Sale for the sum of $_________________, and hereby promise(s) and agree(s) to comply with the terms and conditions of the sale of the Premises as above mentioned and set forth.

, Purchaser

The undersigned received from _________________________ a Down Payment in the amount of $______________ for Lot(s)________________ sold by me, under the Judgment in the above entitled action.

Joseph Lavorando, Referee

The undersigned received from _____________________ the sum of $______________ being the 12% Buyer's Premium for Premises sold by Referee, under the Judgment in the above entitled action, together with a bank letter of guaranteed payment.

UNCLE SAM AUCTIONS & REALTY, INC.

By:

,Auctioneer

The undersigned does hereby waive the $5,000.00 Down Payment for Lot(s) ______________ pursuant to the terms of the Judgment in the above entitled action.

Joseph Lavorando, Referee