Preview
FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
FILED : MONTGOMERY COUNTY CLERK O 4 / 11 /2023 11 9 e PM|
NY SCEF DoC. NO. 21 IVED NY SCE F: 04/11/2 323
d
E202Î
09/23/2022 08:15:41 AM
.Brittany L Kolbe, County Clerk
SUPREMB COURT OF THE STATE OF NEWYORK
COUNTY OF MONTGOMERY
WELLS FARGO BANK, N.A., SUPPLBMENTALNOTICE OF
Plaintiff, PENDENCY
v. Index No.: EF2022-509
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR MORTGA0BD PREMISES:
SUCCESSORS IN INTEREST OF THE LATE AUDREY KARL, 624 Queen Ann Road
IF LIV1NG, AND IF ANY BE DEAD, ANY AND ALL PERSONS Arnsterdam, NY 12010
WHO ARE SPOUSES, WIDOWS, GRANTEES, MORTGAGEES,
LIENORS, HEIRS, DISTRIBUTEES, SBL No,: 38,-1-13.1
DEVISBBS, EXECUTORS,
ADMINISTRATORS, OR SUCCESSORS N INTEREST OF
Mortgage Servicer:
SUCH OF THEM AS MAY BE DEAD, AND THEIR SPOUSES,
DISTRIBUTEES AND SUCCESSORS IN Wells Fargo Home Mortgage
HEIRS, DEVISEES,
INTEREST, ALL OF WHOM AND WHOSE NAMES AND
Telephone Number I-877-617-5274
PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF,
ELIZAEETH M. CLOSE AND PAUL H. CLOSE, UNITED
STATES OF AMERICA BY THE INTERNAL REVENUE
SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE,
Defendants,
__
NOTICE IS HERBBY GIVEN, That an action has been commenced and is pending in this
Court upon a complaint of the above named plaintiff against the above named defendants for the
foreclosure of the following inortgage(s):
Mortgage from Audrey Karl (now deceased), to Mortgage Electronic Registration Systems, Inc.,
as nominee for Homestead Funding Corp., dated April 13, 2012, in the original principal amount
of $79,000.00, and recorded in the Office ofthe Clerk ofthe County of Montgomery on April 25,
2012.in Instrument 2012-46640.
Said Mortgage was assigned by an Assignment of Mortgage executed on July 21, 2020 and
recorded in the Office of the Clerk of the County of Montgomery on July 21, 2020 in Instmment
2020-88629,
A Corrective Assigmnent of Mortgage was executed on August 11, 2022 to correct the said
Assignment recorded in the Office of the Clerk ofthe County of Montgomery on Augast 23, 2022
in Instrument 2022-100191.
Said Mortgage was modified by a Loan Modification Agreement dated September 23, 2012
executed by Audrey KarI (now deceased) and recorded in the Office of the Clerk of the County of
Montgomery on January 23, 2013 in Instrument 2013-50581. Said Modification Agreement fixes
the interest rate at 3.3375%.
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
F I LED : MONTGOMERY CÇUNTY CLERK 0 4 /11/2023 01: 04 PM|
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the
foreclosure action, were, at the time of the commencement of action, and at the time of the filing
of this notice situate in the
County of Montgomery in the State of New York, and are more .
"A."
particularly described as set forth in the annexed Schedule
The Clerk of the County of Montgomery is directed to index this notice to the names of the
defendant(s).
Dated: 4/11/2023
Monroe County
Rochester, New York
Richard S. Mullen, Esq.
Woods Oviatt Gilman LLP
Atonseys for Plaintif
500 Bausch & Lomb Place
Rochester, NY 14604
TeL: 855-227-5072
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
T D : MONTGONERY COUNTY CLERK 2 :
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023
Schedule A
Property Address:
624 Queen Ann Road
Amsterdam, NY 12010
SBL No.: 38.-1-13.1
ALL THAT CERTAIN PLOT, PIE CE OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being in the Town of Plorida, County of
Montgomery and State ofNew York, bounded and described as follows:
BEGINN1NG at a point in the southerly margin of the highway leading from Amsterdam to Port
Hunter along the old Erie Canal (known as Smith Road) said point being the easterly margin of
lands of Fred DiCaprio, and
51° 09"
RUNNING THENCE S, W. 169,8 feet along a wire fence on the easterly margin of Fred
DiCaprio;
67° 40'
THENCE S. W. 73.2 feet along a wire fence on the easterly margin of lands of Fred
DiCaprio;
24° 15'
THENCE S. W. 111 feet along a wire fence on the easterly margin of Fred DiCaprio,
24° 08'
THENCE S, B. 194.6 feet along a wire fence on the easterly marght oflands formerly of
Jolm I. McClumpha;
210 25'
THENCE S. B, 142.6 feet along a wire fence on the easterly margin of lands ofR Wiehe;
15° 37'
THENCE S. E. 94.5 feet along a wire fence on the easterly margin of the lands fonnerly
of John I, McChunpha;
28° 28'
THENCE S. W.355,1 feet along a wire and stone fence on the easterly margin of lands
formerly of John L McChunpha;
29° 23'
THENCE S. W. 653A feet along a wire and stone fence on the easterly margin of Iands
formerly of John L McClumpha;
10° 07'
THENCE S. E. 129.5 feet along a stone wall to the Brook on the easterly margin of Iands
formerly of John I. McClumpha;
390
THENCE S. 48 E. 75.5 feet along the average center of Brook on the easterly margin of Iands
of John I. McClumpha formerly;
29°
THENCB S. 4F B. 225.4 feet along the average center ofBrook on the easterly margin of
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
FILED : GOMERY COUNTY CLERK 2 01 :
NYSCEF DOC. NO. 21 RECEIVED NY SCEF: 04/11/2023
lands formerly of John I. McClumpha;
25° 33'
THENCE S. E. 209.7 feet along the average center of Brook on the easterly margin of
lands formerly of John 1. McClumpha;
54° 05'
THENCEN. E. 1818 feet along a wire fence on the northerly margin of the lands fonnerly
of John L McChunpha;
44° 57'
THENCE S. E. 393.6 feet along a wim fence on the easterly margin of land formerly of
John 1. McClumpha;
27° 03'
THENCE S. W. 1183.5 feet, more or less, along a wire and stone fence on the easterly
margin of lands of John L McClumpha formerly to the northerly margin of lands of C. Herschfield;
69° 33'
THENCE N. E. 768,1 feet along a wim and stone fence on the northelly margin of lands
of C. Herschfield;
70° 03' less,08'
THENCE N, E, 553 feet, more or W, 838 feet along a wire and stone fence on the
westerly margin of the lands of C, Herschfield;
20° 59°
THENCB N, W. 552.1 feet along a wire and stone fence on the westerly margin of lands
of C. Herschfield;
14° 39'
THENCE N. W. 117.7 feet along a wire and stone fence on the westerly margin of the
Iands of C. Herschfield;
69° 01'
THENCE S. W. 13 feet, along a wire fence on the southerly margin of lands of C.
Herschfield;
19° 53'
THENCE N. W. 186.5 feet along a wire and stone fence on the westerly margin of Iands
of C. Herschfield;
17° 31'
THENCE N. W. 167.3 feet along a wire fence on the westerly margin of lands of C.
Henchfield;
52° 05'
THENCE N. E, 174,5 feet alon g a wire fence on Cie westerly margin of lands of C.
Herschfield;
50° 54'
THENCE N. E. 710.3 feet, more or less, along a wire and stone fence on the Iands of C.
Herschfield and It Juchli to the southerly margin of said highway,
53° 37'
THENCE N. W. 660.9 feet along the southerly margin of said highway to a fence at the
westerly side of Iane or drive to farmhouse;
53° 23'
THENCE N. W. 338.1 feet, more or less, along the southerly margin of said highway to
the westerly margin of lands of Fred DiCaprio and the point and place of beginning.
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
FILED : M6NTGÓMERY OOUNTY CLERK 0 4 / 11/ 2 023 01 : 0 4 PN|
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023
EXCEPT AND SUBJECT to the conveyances from Peter Sceretti to Niagara Mohawk Power
Corporation which are described as follows:
The permanent right, privilege and easement to enter upon the lands of the party of the first patt
situate in the Town ofPlorida, County of Montgomery and State ofNew York, and install, inspect,
maintain, operate, repair, replace and remove a gas main for the transmission of gas, which said
gas main shall be constructed upon a strip of land fifty (50) feet
in width, being described in the
Deed from Peter Soerretti to Niagara Mohawk Power Corporation dated June 30, 1954 and
recorded in the Montgomery County Clerk's OfHce on July 13, 1954 in Book293 of Deeds at Page
397, and the center line of which is described as follows:
BEGINNING at a point in the division line between the lands of the party of the first page on the
northwest and lands now supposed to be owned by Charles Hirschfield on the southeast at Station
38 - 82.0 of the surveyed center line of the proposed gas transmission main of the of the
party
second part extending from Smith Road to Gloversville; and
65° O'
RUNNING THENCE north West over and across the lands of the party of the first patt 587
feet to a point in the division line between the Iands
paity of the of the first part on the east and
Iands now supposed to be owned by Satie Weihe on the west at Station 44 - 69.0 of the said
saveyed center line, all as shown on the drawing entitled in part, "Parcel 4 NIAGARA MOHAWK
POWER CORPORATION,SMITH ROAD-GLOVERSVILLB gas transmission Main PETER
SCERRETTI EASEMENT A- annexed to the aforementioned Decd from Peter Scerretti
4632-B",
to Niagara Mohawk Power corporation dated June 30, 1954. Together with the right at all times to
cut and remove all bmsh, trees or other obstructions upon said fifty
(50) strip foot of land. And
also the right at all times to cross and recross the adjoining lands of the party of the first part for
the purpose of installing, inspecting, maintaining, repairing, operating or rebuilding the said gas
main, said right of entry to be confined to routes designated by the party of the first part, if
practicable and reasonable, The
party of the second party shall be responsible for any pay for all
damages occasioned, in the exercise of said right of entry, to Iands or crops growing thereon outside
of said strip of
fifty Iand
(50) feet
the party in width.
of the first patty And
hereby covenants as a
covenant rumeng with the Iand that no building shall be erected upon said strip of land without the
written consent of said party of the second past, its successors or assigns.
ALL THAT CERTAIN PIECB OR PARCBL OF LAND situate, lying and being in the Town of
Florida, Montgomery County, New York, being the premises described in the Deeds from Peter
Scorretti toNiagara Mohawk Power Corporation dated June 21, 1957 andrecorded in Montgomery
County Clerk's Office on July 11, 1957 in Book 303 of Deeds at Page 429 and, more particularly
bounded and described as follows:
BEGINNING at a point on the division Iine between the Iands of the party of the first part on the
southwest and the lands now or founerly of Herschfield on the northeast at Station 53 - 30 of the
traverse for the right of way for the proposed electrio transmission lino of the party of the second
past to extend from its Amsterdam-Jolmstown transmission line to its Guy Park Substation, and
RUNNING THENCE South 36 degrees 30 minutes East along said division line to a point distant
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
FILED : MONTGOMERY COUNTY CLERK O4/11/2023 01:0 4 INDEX NO. E F2 022 -50 9
NYSCEF DOC. NO. PM|
21
RECEIVE D NY SCE F: 04/11/2023
37.5 feet on the perpendicular from said traverse;
THENCB South 53 degrees 27 minutes West parallel to and 37,5 feet distant from said
1032 traverse
feet more or less to a point in the division line between the lands of the of the first
on the East party part
and the lands now or fonnerIy of Sarah Weihe on the West,
THENCE North 11 degrees 20 minutes East along said Iast mentioned division line and
through Station 43 - 38 of said passing
traverse to a point distant 37.5 feet on the perpendicular from said
traverse;
THENCE North 53 degrees 27 minutes Bast parallel to and 37.5 feet distant from said traverse 952
feet more or less to a point in the first mentioned division line;
THENCE South 36 degrees 30 minutes Bast along said division line to the point or place of
beginning containing L71 acres be the same more or less.
BBING a part of the same premises described in the deed from Anna KreitIow to the party of the
first part dated F ebruary 1942
2, and recorded in the
Montgomery County Clerk's ofEce on
February 4, 1942inBook249 of Deeds at Page 463. Together with the permanent right to cut, trim
and remove all brush, trees or other obstructions upon the remaining premises of the party of the
first part which
may in the opinion of the party of the second its
part, successors or assigns,
interfere with tor be to interfere with
likely the successful operation of an electric transmission line
or lines hereafter to be constructed on said of Iand, or upon the adjoining
strip Iands of the
of the second part. pasty
Together with the right at all times to cross and recross the remaining premises of the party of the
first part on foot and with teams and motor vehicles for the pu1pose of
constructing, operating,
inspecting or repairing
any and all structures of fixtures of
every lind and nattu·e which the party
of the second
part, its successors or assigns,
may erect, operate, constract, or maintain upon the
above described said right of entry
premises, to be confined to routes designated by the party of
the first part if practicable and reasonable, the party of the second part to reimburse the party of
the first part for all physical damage to the lands or crops
growing thereon in the exercise of such
right of crossing.
Reserving, unto the
however, party of the first part the right to cross and recross
said strip of land at one
(1) point, which said crossing shall be 25 feet in width and be at points to
be designated
by the party of the second part, its successors or assigns. The use of said
shall be at the sole risk of the crossing
party of parties using the same,
EXCEPTING AND RBSERVING thercout and therefiom that portion of said premises conveyed
by Ralph Pepe to Alphonso Pepe by Warranty Deed dated July 5, 1979 and recorded in said Clerk's
office July 6, 1979 in Book 421 of Deed s at Page 906.
BXCEPTING AND RBSBRV1NG thereout and therefrom that portion of said premises.
Subject to easements, and
covenants, restriction of record.
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
. INDEX NO. EF2022-509
F ILED : MONTG RY C UNTY CLERK 4 11 3 1
NY SCE F DOC. No. 22 RECEIVED NYSCEF t 04/11/2023
STATE OF NEW YORK
5UPREME COURT COUNTY OF MONTGOMERY
WELLS FARGO BANK, N.A., SUPPLEMENTAL
SUMMONS
Plaintiff,
v. Index No. EF2022-509
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES
OR SUCCESSORS IN INTEREST OF THE LATB
AUDREY KARL, IF LIVING, AND IF ANY BE DEAD,
ANY AND ALL PBRSONS WHO ARE SPOUSES,
WIDOWS, GRANTEES, MORTGAGEES, LIENORS,
HEIRS, DEVISEES, DISTRIBUTEES, EXECUTORS,
ADMINISTRATORS, OR SUCCESSORS IN INTEREST
OF SUCH OF THEM AS MAY BE DEAD, AND THEIR
SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND
SUCCESSORS IN ]NTEREST, ALL OF WHOM AND
WHOSE NAMES AND PLACBS OF RESIDENCE ARE
UNKNOWN TO PLAINTlPF, ELIZABETH M. CLOSE
AND PAUL H. CLOSE, UNITED STATES OF AMERICA
BY THE INTERNAL REVENUE SERVICE, NEW YORK
STATE DEPARTMENT OF TAXKfION AND FINANCE,
Defendants.
To the above named Defendants:
You are hereby summoned to answer the complaint in this action and to serve a copy of your
answer, or if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs attorneys within thirty days after the s ervice of this summons, exclusive of the day of
service, and in case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the conplaint.
{4595218: F 105389
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FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023
INDEX NO. EF2022-509
|FILED : MONTGOMERY CÓUNTY CLERK 04 /11/ 2023 01: 0 4 PM|
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 04/11/2023
NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAG
Preview
FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 .. 11 {5793857: } FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 FILED : MONTGOMERY COUNTY CLERK O 4 / 11 /2023 11 9 e PM| NY SCEF DoC. NO. 21 IVED NY SCE F: 04/11/2 323 d E202Î 09/23/2022 08:15:41 AM .Brittany L Kolbe, County Clerk SUPREMB COURT OF THE STATE OF NEWYORK COUNTY OF MONTGOMERY WELLS FARGO BANK, N.A., SUPPLBMENTALNOTICE OF Plaintiff, PENDENCY v. Index No.: EF2022-509 ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR MORTGA0BD PREMISES: SUCCESSORS IN INTEREST OF THE LATE AUDREY KARL, 624 Queen Ann Road IF LIV1NG, AND IF ANY BE DEAD, ANY AND ALL PERSONS Arnsterdam, NY 12010 WHO ARE SPOUSES, WIDOWS, GRANTEES, MORTGAGEES, LIENORS, HEIRS, DISTRIBUTEES, SBL No,: 38,-1-13.1 DEVISBBS, EXECUTORS, ADMINISTRATORS, OR SUCCESSORS N INTEREST OF Mortgage Servicer: SUCH OF THEM AS MAY BE DEAD, AND THEIR SPOUSES, DISTRIBUTEES AND SUCCESSORS IN Wells Fargo Home Mortgage HEIRS, DEVISEES, INTEREST, ALL OF WHOM AND WHOSE NAMES AND Telephone Number I-877-617-5274 PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF, ELIZAEETH M. CLOSE AND PAUL H. CLOSE, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Defendants, __ NOTICE IS HERBBY GIVEN, That an action has been commenced and is pending in this Court upon a complaint of the above named plaintiff against the above named defendants for the foreclosure of the following inortgage(s): Mortgage from Audrey Karl (now deceased), to Mortgage Electronic Registration Systems, Inc., as nominee for Homestead Funding Corp., dated April 13, 2012, in the original principal amount of $79,000.00, and recorded in the Office ofthe Clerk ofthe County of Montgomery on April 25, 2012.in Instrument 2012-46640. Said Mortgage was assigned by an Assignment of Mortgage executed on July 21, 2020 and recorded in the Office of the Clerk of the County of Montgomery on July 21, 2020 in Instmment 2020-88629, A Corrective Assigmnent of Mortgage was executed on August 11, 2022 to correct the said Assignment recorded in the Office of the Clerk ofthe County of Montgomery on Augast 23, 2022 in Instrument 2022-100191. Said Mortgage was modified by a Loan Modification Agreement dated September 23, 2012 executed by Audrey KarI (now deceased) and recorded in the Office of the Clerk of the County of Montgomery on January 23, 2013 in Instrument 2013-50581. Said Modification Agreement fixes the interest rate at 3.3375%. 1 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 F I LED : MONTGOMERY CÇUNTY CLERK 0 4 /11/2023 01: 04 PM| NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023 AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the foreclosure action, were, at the time of the commencement of action, and at the time of the filing of this notice situate in the County of Montgomery in the State of New York, and are more . "A." particularly described as set forth in the annexed Schedule The Clerk of the County of Montgomery is directed to index this notice to the names of the defendant(s). Dated: 4/11/2023 Monroe County Rochester, New York Richard S. Mullen, Esq. Woods Oviatt Gilman LLP Atonseys for Plaintif 500 Bausch & Lomb Place Rochester, NY 14604 TeL: 855-227-5072 2 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 T D : MONTGONERY COUNTY CLERK 2 : NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023 Schedule A Property Address: 624 Queen Ann Road Amsterdam, NY 12010 SBL No.: 38.-1-13.1 ALL THAT CERTAIN PLOT, PIE CE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in the Town of Plorida, County of Montgomery and State ofNew York, bounded and described as follows: BEGINN1NG at a point in the southerly margin of the highway leading from Amsterdam to Port Hunter along the old Erie Canal (known as Smith Road) said point being the easterly margin of lands of Fred DiCaprio, and 51° 09" RUNNING THENCE S, W. 169,8 feet along a wire fence on the easterly margin of Fred DiCaprio; 67° 40' THENCE S. W. 73.2 feet along a wire fence on the easterly margin of lands of Fred DiCaprio; 24° 15' THENCE S. W. 111 feet along a wire fence on the easterly margin of Fred DiCaprio, 24° 08' THENCE S, B. 194.6 feet along a wire fence on the easterly marght oflands formerly of Jolm I. McClumpha; 210 25' THENCE S. B, 142.6 feet along a wire fence on the easterly margin of lands ofR Wiehe; 15° 37' THENCE S. E. 94.5 feet along a wire fence on the easterly margin of the lands fonnerly of John I, McChunpha; 28° 28' THENCE S. W.355,1 feet along a wire and stone fence on the easterly margin of lands formerly of John L McChunpha; 29° 23' THENCE S. W. 653A feet along a wire and stone fence on the easterly margin of Iands formerly of John L McClumpha; 10° 07' THENCE S. E. 129.5 feet along a stone wall to the Brook on the easterly margin of Iands formerly of John I. McClumpha; 390 THENCE S. 48 E. 75.5 feet along the average center of Brook on the easterly margin of Iands of John I. McClumpha formerly; 29° THENCB S. 4F B. 225.4 feet along the average center ofBrook on the easterly margin of 3 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 FILED : GOMERY COUNTY CLERK 2 01 : NYSCEF DOC. NO. 21 RECEIVED NY SCEF: 04/11/2023 lands formerly of John I. McClumpha; 25° 33' THENCE S. E. 209.7 feet along the average center of Brook on the easterly margin of lands formerly of John 1. McClumpha; 54° 05' THENCEN. E. 1818 feet along a wire fence on the northerly margin of the lands fonnerly of John L McChunpha; 44° 57' THENCE S. E. 393.6 feet along a wim fence on the easterly margin of land formerly of John 1. McClumpha; 27° 03' THENCE S. W. 1183.5 feet, more or less, along a wire and stone fence on the easterly margin of lands of John L McClumpha formerly to the northerly margin of lands of C. Herschfield; 69° 33' THENCE N. E. 768,1 feet along a wim and stone fence on the northelly margin of lands of C. Herschfield; 70° 03' less,08' THENCE N, E, 553 feet, more or W, 838 feet along a wire and stone fence on the westerly margin of the lands of C, Herschfield; 20° 59° THENCB N, W. 552.1 feet along a wire and stone fence on the westerly margin of lands of C. Herschfield; 14° 39' THENCE N. W. 117.7 feet along a wire and stone fence on the westerly margin of the Iands of C. Herschfield; 69° 01' THENCE S. W. 13 feet, along a wire fence on the southerly margin of lands of C. Herschfield; 19° 53' THENCE N. W. 186.5 feet along a wire and stone fence on the westerly margin of Iands of C. Herschfield; 17° 31' THENCE N. W. 167.3 feet along a wire fence on the westerly margin of lands of C. Henchfield; 52° 05' THENCE N. E, 174,5 feet alon g a wire fence on Cie westerly margin of lands of C. Herschfield; 50° 54' THENCE N. E. 710.3 feet, more or less, along a wire and stone fence on the Iands of C. Herschfield and It Juchli to the southerly margin of said highway, 53° 37' THENCE N. W. 660.9 feet along the southerly margin of said highway to a fence at the westerly side of Iane or drive to farmhouse; 53° 23' THENCE N. W. 338.1 feet, more or less, along the southerly margin of said highway to the westerly margin of lands of Fred DiCaprio and the point and place of beginning. 4 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 FILED : M6NTGÓMERY OOUNTY CLERK 0 4 / 11/ 2 023 01 : 0 4 PN| NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/11/2023 EXCEPT AND SUBJECT to the conveyances from Peter Sceretti to Niagara Mohawk Power Corporation which are described as follows: The permanent right, privilege and easement to enter upon the lands of the party of the first patt situate in the Town ofPlorida, County of Montgomery and State ofNew York, and install, inspect, maintain, operate, repair, replace and remove a gas main for the transmission of gas, which said gas main shall be constructed upon a strip of land fifty (50) feet in width, being described in the Deed from Peter Soerretti to Niagara Mohawk Power Corporation dated June 30, 1954 and recorded in the Montgomery County Clerk's OfHce on July 13, 1954 in Book293 of Deeds at Page 397, and the center line of which is described as follows: BEGINNING at a point in the division line between the lands of the party of the first page on the northwest and lands now supposed to be owned by Charles Hirschfield on the southeast at Station 38 - 82.0 of the surveyed center line of the proposed gas transmission main of the of the party second part extending from Smith Road to Gloversville; and 65° O' RUNNING THENCE north West over and across the lands of the party of the first patt 587 feet to a point in the division line between the Iands paity of the of the first part on the east and Iands now supposed to be owned by Satie Weihe on the west at Station 44 - 69.0 of the said saveyed center line, all as shown on the drawing entitled in part, "Parcel 4 NIAGARA MOHAWK POWER CORPORATION,SMITH ROAD-GLOVERSVILLB gas transmission Main PETER SCERRETTI EASEMENT A- annexed to the aforementioned Decd from Peter Scerretti 4632-B", to Niagara Mohawk Power corporation dated June 30, 1954. Together with the right at all times to cut and remove all bmsh, trees or other obstructions upon said fifty (50) strip foot of land. And also the right at all times to cross and recross the adjoining lands of the party of the first part for the purpose of installing, inspecting, maintaining, repairing, operating or rebuilding the said gas main, said right of entry to be confined to routes designated by the party of the first part, if practicable and reasonable, The party of the second party shall be responsible for any pay for all damages occasioned, in the exercise of said right of entry, to Iands or crops growing thereon outside of said strip of fifty Iand (50) feet the party in width. of the first patty And hereby covenants as a covenant rumeng with the Iand that no building shall be erected upon said strip of land without the written consent of said party of the second past, its successors or assigns. ALL THAT CERTAIN PIECB OR PARCBL OF LAND situate, lying and being in the Town of Florida, Montgomery County, New York, being the premises described in the Deeds from Peter Scorretti toNiagara Mohawk Power Corporation dated June 21, 1957 andrecorded in Montgomery County Clerk's Office on July 11, 1957 in Book 303 of Deeds at Page 429 and, more particularly bounded and described as follows: BEGINNING at a point on the division Iine between the Iands of the party of the first part on the southwest and the lands now or founerly of Herschfield on the northeast at Station 53 - 30 of the traverse for the right of way for the proposed electrio transmission lino of the party of the second past to extend from its Amsterdam-Jolmstown transmission line to its Guy Park Substation, and RUNNING THENCE South 36 degrees 30 minutes East along said division line to a point distant 5 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 FILED : MONTGOMERY COUNTY CLERK O4/11/2023 01:0 4 INDEX NO. E F2 022 -50 9 NYSCEF DOC. NO. PM| 21 RECEIVE D NY SCE F: 04/11/2023 37.5 feet on the perpendicular from said traverse; THENCB South 53 degrees 27 minutes West parallel to and 37,5 feet distant from said 1032 traverse feet more or less to a point in the division line between the lands of the of the first on the East party part and the lands now or fonnerIy of Sarah Weihe on the West, THENCE North 11 degrees 20 minutes East along said Iast mentioned division line and through Station 43 - 38 of said passing traverse to a point distant 37.5 feet on the perpendicular from said traverse; THENCE North 53 degrees 27 minutes Bast parallel to and 37.5 feet distant from said traverse 952 feet more or less to a point in the first mentioned division line; THENCE South 36 degrees 30 minutes Bast along said division line to the point or place of beginning containing L71 acres be the same more or less. BBING a part of the same premises described in the deed from Anna KreitIow to the party of the first part dated F ebruary 1942 2, and recorded in the Montgomery County Clerk's ofEce on February 4, 1942inBook249 of Deeds at Page 463. Together with the permanent right to cut, trim and remove all brush, trees or other obstructions upon the remaining premises of the party of the first part which may in the opinion of the party of the second its part, successors or assigns, interfere with tor be to interfere with likely the successful operation of an electric transmission line or lines hereafter to be constructed on said of Iand, or upon the adjoining strip Iands of the of the second part. pasty Together with the right at all times to cross and recross the remaining premises of the party of the first part on foot and with teams and motor vehicles for the pu1pose of constructing, operating, inspecting or repairing any and all structures of fixtures of every lind and nattu·e which the party of the second part, its successors or assigns, may erect, operate, constract, or maintain upon the above described said right of entry premises, to be confined to routes designated by the party of the first part if practicable and reasonable, the party of the second part to reimburse the party of the first part for all physical damage to the lands or crops growing thereon in the exercise of such right of crossing. Reserving, unto the however, party of the first part the right to cross and recross said strip of land at one (1) point, which said crossing shall be 25 feet in width and be at points to be designated by the party of the second part, its successors or assigns. The use of said shall be at the sole risk of the crossing party of parties using the same, EXCEPTING AND RBSERVING thercout and therefiom that portion of said premises conveyed by Ralph Pepe to Alphonso Pepe by Warranty Deed dated July 5, 1979 and recorded in said Clerk's office July 6, 1979 in Book 421 of Deed s at Page 906. BXCEPTING AND RBSBRV1NG thereout and therefrom that portion of said premises. Subject to easements, and covenants, restriction of record. 6 of 6 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 . INDEX NO. EF2022-509 F ILED : MONTG RY C UNTY CLERK 4 11 3 1 NY SCE F DOC. No. 22 RECEIVED NYSCEF t 04/11/2023 STATE OF NEW YORK 5UPREME COURT COUNTY OF MONTGOMERY WELLS FARGO BANK, N.A., SUPPLEMENTAL SUMMONS Plaintiff, v. Index No. EF2022-509 ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR SUCCESSORS IN INTEREST OF THE LATB AUDREY KARL, IF LIVING, AND IF ANY BE DEAD, ANY AND ALL PBRSONS WHO ARE SPOUSES, WIDOWS, GRANTEES, MORTGAGEES, LIENORS, HEIRS, DEVISEES, DISTRIBUTEES, EXECUTORS, ADMINISTRATORS, OR SUCCESSORS IN INTEREST OF SUCH OF THEM AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND SUCCESSORS IN ]NTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACBS OF RESIDENCE ARE UNKNOWN TO PLAINTlPF, ELIZABETH M. CLOSE AND PAUL H. CLOSE, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXKfION AND FINANCE, Defendants. To the above named Defendants: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within thirty days after the s ervice of this summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the conplaint. {4595218: F 105389 1 of 8 FILED: MONTGOMERY COUNTY CLERK 11/07/2023 04:39 PM INDEX NO. EF2022-509 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/07/2023 INDEX NO. EF2022-509 |FILED : MONTGOMERY CÓUNTY CLERK 04 /11/ 2023 01: 0 4 PM| NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 04/11/2023 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAG