Notice of Sale
WHEREAS, default has been made in the conditions of a mortgage secured by the premises known as the Durant Farm, located at 779 County Route 55, Lawrenceville, New York, also being known as Map # 46.003-1-16.1 on the Tax Map of the County of St. Lawrence in the State of New York, as more fully described on Exhibit “A” annexed hereto (“the premises”), bearing date the 17th day of October, 1996 made and executed by Ralph D. Durant a/k/a R. David Durant a/k/a Ralph David Durant and Betty L. Durant, as mortgagor to HSBC Bank USA, successor in interest to Marine Midland Bank, as mortgagee; and bearing date the 25th day of July, 2000, made and executed by Ralph D. Durant a/k/a R. David Durant a/k/a Ralph David Durant and Betty L. Durant, as mortgagor to HSBC Bank USA, successor in interest to Marine Midland Bank, as mortgagee;
And WHEREAS, said mortgages were duly recorded in the Office of the Clerk, County of St. Lawrence on October 17, 1996, in Book of Mortgages 948 at page 1068 and July 25, 2000, as Instrument No. 2000-00014232, respectively.
And WHEREAS, the amount claimed to be due on the said mortgage at the time of the first publication of this notice is the sum of Three Hundred Forty-one Thousand Ninety-eight and 18/100 ($341,098.18) Dollars for principal and the sum of $10,243.81 for interest thereon from the 1st day of March, 2004 to the day of the first publication of this notice together with advances to protect the lien of the mortgage, late charges of $299.80, legal fees of $2,500.00 and costs of sale including but not limited to auctioneers fees and publication costs which amount of $351,641.79 is the whole amount to be claimed to be unpaid on said mortgage, together with the costs of the sale and any advances made to protect the lien of the mortgage.
And WHEREAS, no suit or proceeding at law or otherwise has been instituted to recover said mortgage debt or any part thereof;
NOW THEREFORE, notice is hereby given pursuant to the statute in such case made and provided, that by virtue of statute and power of sale in said mortgage contained, duly recorded as aforesaid, the said mortgage will be foreclosed and the said premises sold as the law directs by the mortgagee herein on Thursday, the 9th day of September, 2004 at 10:00 o’clock in the forenoon of that day, at the Boardroom/Courtroom, Main Floor, of the Municipal Building, located at 11403 US Hwy 11, North Lawrence, in the Town of Lawrence, County of St. Lawrence.
Bids must be accompanied by cash, certified check, or official bank check in an amount not less than $35,000. A buyer’s premium of twelve percent (12%) of the successful bid will be added to the bid (to be paid by the Purchaser to the auctioneer), and will become part of the purchase price. The buyer’s premium is to be paid by personal or business check accompanied by a Bank letter of Guaranteed payment.
Said sale will be subject to:
Any state of facts an accurate survey may show.
Covenants, restrictions, easements, agreements and reservations if any of record and to any and all violations thereof.
Building restrictions and zoning ordinances of the municipality in which said premises are situate and to any violations of the same.
The physical condition of any building or structure on the premises as of the date of sale hereunder.
The right if any of the United States of America to redeem pursuant to Title 28, Section 2410 of the United States Code.
Emergency repair liens and notices of sidewalk liens, if any.
Dated this 28th day of July, 2004.
Mark P. Malak, Esq.
GETNICK LIVINGSTON ATKINSON
GIGLIOTTI & PRIORE, LLP
Attorneys for Mortgagee
258 Genesee Street
Utica, New York 13502
(315) 797-92761