Preview
FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 11/27/2023
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FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021
NO. 815756/2021
INDEX
FILED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08/16/2023 03 : 58 PM| RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
WELLS FARGO BANK, N.A., SUPPLEMENTAL NOTICE OF
PENDENCY
Plaintiff,
Index No.: 815756/2021
v.
MORTGAGED PREMISES:
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR 9280 Warner Gulf Road
SUCCESSORS IN INTEREST OF THE LATE KEVIN L.
Holland, NY 14080-9617
SUNDERLIN, IF LIVING, AND IF ANY BE DEAD, ANY AND
ALL PERSONS WHO ARE SPOUSES, W1DOWS, GRANTEES, SBL: 262.22-1-11.1 a/lda 262.00-1-11
MORTGAGEES, LIENORS, HEIRS, DEVISEES, a/k/a 262.00-1-27.2
DISTRIBUTEES, EXECUTORS, ADMINISTRATORS OR
SUCCESSORS IN INTEREST OF SUCH OF THEM AS MAY BE Mortgage Servicer: Wells Fargo
DEAD, AND THEIR SPOUSES, HEIRS, DEVISEES, Home Mortgage
DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF
WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE Telephone Number: 1-877-617-5274
ARE UNKNOWN TO PLAINTIFF, UNITED STATES OF
AMERICA BY THE INTERNAL REVENUE SERVICE, NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
Defendants.
NOTICE IS HEREBY 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 mortgage(s):
Mortgage from Kevin L. Sunderlin (now deceased) to Wells Fargo Home Mortgage, Inc., dated
. September 19, 2003, in the original principal amount of $82,400.00, and recorded in the Of&ce of
the Clerk of the County of Erie on September 19, 2003 in Book 13110 at page 0561.
Wells Fargo Bank, N.A. is successor by merger to Wells Fargo Home Mortgage, Inc.
1 of 4
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FILED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08/16/2023 03:B8 PM1 RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023
AND NOTICE IS FURTHER GlVEN, 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 Erie in the State of New York, and are more particularly
"A."
described as set forth in the annexed Schedule
The Clerk of the County of Erie is directed to index this notice to the names of the
defendant(s).
Dated: 8/15/2023
....
.............
Ene County
Buffalo, New York
Arden L. Florian, Esq.
Woods Oviatt Gibnan LLP
Attorneys for Plaintryf
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
2 of 4
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]!TLED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08 /16 /2023 03 :58 PH RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023
Schedule A
Property Address:
9280 Warner Gulf Road
Holland, NY 14080-9617
SBL: 262.22-1-11.1 a/k/a 262.00-1-11 a/k/a 262.00-1-27.2
"A"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and
State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's
Survey, bounded and described as follows:
BEGINNING at the northeast corner of said lot, thence west on the north bounds of said lot, 3
chains, thence south parallel to the east line of said lot 1.66 chains, thence east 3 chains to the east
line of said lot, thence north 1.66 chains to the place of beginning, containing ½ of an acre more
or less.
"B"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and
State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's
Survey, bounded and described as follows:
BEGINNING at a point distant 3 chains west from the northeast corner of said Lot No. 49 in the
center of the West Hill Road, thence continuing west along the center of said West Hill Road, 60
links; thence southerly parallel with the Warner Gulf Road 4.16 2/3 chains; thence easterly parallel
with the West Hill Road 3.60 chains to the center of the Warner Gulf Road; thence northerly along
the center of the Warner Gulf Road 2.50 2/3 chains to the southeast corner of lot formerly knowns
as School District No. 9; thence westerly along the southerly line of said school lot parallel with
the said West Hill Road 3 chains to the southwest corner of the said school lot; thence northerly
along the west line of said school lot parallel with the Warner Gulf Road 1.66 chains to the center
of West Hill Road, the place of beginning, containing 1 acre more or less.
EXCEPTING AND RESERV1NG THEREFROM that portion thereof conveyed to the County of
Erie by deed recorded in Liber 6712 of Deeds at page 481.
"C"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Holland, County of Erie and
State of New York, being part of Lot Number forty-nine (49), Township eight (8), Range five (5)
of the Holland Land Company's Survey, bounded and described as follows:
BEGINNING at a point in the center line of the Holland-Glenwood Road at a distance of two
hundred thirty-seven and sixty hundredths (237.60) feet westerly from the intersection of the
Warner Gulf Road and the Holland-Glenwood Road as measured along the center line of the
3 of 4
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FILED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08/16/2023 03:58 PM| RECEIVED NYSCEF: 11/27/2023
NYSCEF.DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023
90° 02'
Holland-Glenwood Road; running thence southerly forming an interior angle of 47", a
distance of two hundred seventy-five (275) feet to a point; running thence easterly forming an
269° 57'
interior angle of 13", a distance of two hundred thirty-seven and sixty hundredths
(237.60) feet to a point in the center line of Warner Gulf Road which is also the east line of Lot
90° 02' 47"
number forty-nine (49); running thence southerly forming an interior angle of as
measured along the center line of Warner GulfRoad which is the easterly boundary of Lot Number
forty-nine (49), a distance of three hundred seventy-five (375) feet to a point; running thence
89° 57'
westerly forming an interior angle of 13", a distance of four hundred thirty-eight and
thirteen hundredths (438.13) feet to a point; running thence northerly forming an interior angle of
90°, a distance of six hundred fifty (650) feet to a point in the center line of Holland-Glenwood
Road; running thence easterly forming an interior angle of 90°, a distance of two hundred (200)
feet as measured along the center line of Holland-Glenwood Road to the point or place of
beginning, five and three hundredths (5.03) acres of land be the same more or less.
Subject to easements, covenants, and restriction of record.
4 of 4
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FILED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08 16 2 : RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
WELLS FARGO BANK, N.A., SUPPLEMENTAL
SUMMONS
Plaintiff,
v. Index No. 815756/2021
ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES
OR SUCCESSORS IN INTEREST OF THE LATE KEVIN
L. SUNDERL1N, IF LIVING, AND IF ANY BE DEAD,
ANY AND ALL PERSONS 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 INTEREST, ALL OF WHOM AND
WHOSE NAMES AND PLACES OF RESIDENCE ARE
UNKNOWN TO PLAINTIFF, UNITED STATES OF
AMERICA BY THE INTERNAL REVENUE SERVICE,
NEW YORK STATE DEPARTMENT OF TAXATION
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 service of this sununons, 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 reliefdemanded in the complaint.
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
1 of 4
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NO. 815756/2021
ETLED DOC.
NYSCEF : ERIE
NO. 58COUNTY CLERK 08/16/2023 03:58 PM) RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023
and filing the answer with the court, a default judgment may be entered and you can tose
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 (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
The foregoing summons is served upon you by publication pursuant to an order of Honorable
Deborah A. Chimes, Justice of the Supreme Court of the State of New York, signed the 7th day of
August, 2023 at Buffalo, New York.
The object of this action is to foreclose a mortgage on the following property:
SBL: 262.22-1-11.1 a/k/a 262.00-1-11 a/k/a 262.00-1-27.2
"A"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and
State of New York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's
Survey, bounded and described as follows:
BEGINNING at the northeast corner of said lot, thence west on the north bounds of said lot, 3
chains, thence south parallel to the east line of said lot 1.66 chains, thence east 3 chains to the east
line of said lot, thence north 1.66 chains to the place of beginning, containing ½ of an acre more
or less.
"B"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and
2 of 4
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|FILED
NYSCEF :
DOC.ERIE
NO. 58COUNTY CLERK 08/16/2023 03:58 PM| RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023
State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's
Survey, bounded and described as follows:
BEGINNING at a point distant 3 chains west from the northeast corner of said Lot No. 49 in the
center of the West Hill Road, thence continuing west along the center of said West Hill Road, 60
links; thence southerly parallel with the Warner Gulf Road 4.16 2/3 chains; thence easterly parallel
with the West Hill Road 3.60 chains to the center of the Warner Gulf Road; thence northerly along
the center of the Warner Gulf Road 2.50 2/3 chains to the southeast corner of lot formerly knowns
as School District No. 9; thence westerly along the southerly line of said school lot parallel with
the said West Hill Road 3 chains to the southwest corner of the said school lot; thence northerly
along the west line of said school lot parallel with the Warner Gulf Road 1.66 chains to the center
of West Hill Road, the place of beginning, containing 1 acre more or less.
EXCEPTING AND RESERVING THEREFROM that portion thereof conveyed to the County of
Erie by deed recorded in Liber 6712 of Deeds at page 481.
"C"
PARCEL
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Holland, County of Erie and
State of New York, being part of Lot Number forty-nine (49), Township eight (8), Range five (5)
of the Holland Land Company's Survey, bounded and described as follows:
BEGINNING at a point in the center line of the Holland-Glenwood Road at a distance of two
hundred thirty-seven and sixty hundredths (237.60) feet westerly from the intersection of the
Warner Gulf Road and the Holland-Glenwood Road as measured along the center line of the
90° 02'
Holland-Glenwood Road; running thence southerly forming an interior angle of 47", a
distance of two hundred seventy-five (275) feet to a point; running thence easterly forming an
269° 57'
interior angle of 13", a distance of two hundred thirty-seven and sixty hundredths
3 of 4
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NYSCEF :
DOC. ERIE
NO. 58COUNTY CLERK 08/16/2023 03:5 8 PM|.
RECEIVED NYSCEF: 11/27/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023
(237.60) feet to a point in the center line of Warner Gulf Road which is also the east line of Lot
90° 02' 47"
number forty-nine (49); running thence southerly forming an interior angle of as
measured along the center line of Warner Gulf Road which is the easterly boundary of Lot Number
forty-nine (49), a distance of three hundred seventy-five (375) feet to a point; running thence
89° 57'
westerly forming an interior angle of 13", a distance of four hundred thirty-eight and
thirteen hundredths (438.13) feet to a point; running thence northerly forming an interior angle of
90°, a distance of six hundred fifty (650) feet to a point in the center line of Holland-Glenwood
Road; running thence easterly forming an interior angle of 90°, a distance of two hundred (200)
feet as measured along the center line of Holland-Glenwood Road to the point or place of
beginning, five and three hundredths (5.03) acres of land be the same more or less.
Subject to easements, covenants, and restriction of record.
These premises are also known as 9280 Warner Gulf Road, Holland, NY 14080.
Dated: August 15, 2023
Erie County
Buffalo, New York
Arden L. Florian, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
4 of 4
Preview
FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 11/27/2023 111 {5793857: } FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 NO. 815756/2021 INDEX FILED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08/16/2023 03 : 58 PM| RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE WELLS FARGO BANK, N.A., SUPPLEMENTAL NOTICE OF PENDENCY Plaintiff, Index No.: 815756/2021 v. MORTGAGED PREMISES: ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR 9280 Warner Gulf Road SUCCESSORS IN INTEREST OF THE LATE KEVIN L. Holland, NY 14080-9617 SUNDERLIN, IF LIVING, AND IF ANY BE DEAD, ANY AND ALL PERSONS WHO ARE SPOUSES, W1DOWS, GRANTEES, SBL: 262.22-1-11.1 a/lda 262.00-1-11 MORTGAGEES, LIENORS, HEIRS, DEVISEES, a/k/a 262.00-1-27.2 DISTRIBUTEES, EXECUTORS, ADMINISTRATORS OR SUCCESSORS IN INTEREST OF SUCH OF THEM AS MAY BE Mortgage Servicer: Wells Fargo DEAD, AND THEIR SPOUSES, HEIRS, DEVISEES, Home Mortgage DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE Telephone Number: 1-877-617-5274 ARE UNKNOWN TO PLAINTIFF, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Defendants. NOTICE IS HEREBY 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 mortgage(s): Mortgage from Kevin L. Sunderlin (now deceased) to Wells Fargo Home Mortgage, Inc., dated . September 19, 2003, in the original principal amount of $82,400.00, and recorded in the Of&ce of the Clerk of the County of Erie on September 19, 2003 in Book 13110 at page 0561. Wells Fargo Bank, N.A. is successor by merger to Wells Fargo Home Mortgage, Inc. 1 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 FILED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08/16/2023 03:B8 PM1 RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023 AND NOTICE IS FURTHER GlVEN, 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 Erie in the State of New York, and are more particularly "A." described as set forth in the annexed Schedule The Clerk of the County of Erie is directed to index this notice to the names of the defendant(s). Dated: 8/15/2023 .... ............. Ene County Buffalo, New York Arden L. Florian, Esq. Woods Oviatt Gibnan LLP Attorneys for Plaintryf 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 2 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 ]!TLED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08 /16 /2023 03 :58 PH RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023 Schedule A Property Address: 9280 Warner Gulf Road Holland, NY 14080-9617 SBL: 262.22-1-11.1 a/k/a 262.00-1-11 a/k/a 262.00-1-27.2 "A" PARCEL ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the northeast corner of said lot, thence west on the north bounds of said lot, 3 chains, thence south parallel to the east line of said lot 1.66 chains, thence east 3 chains to the east line of said lot, thence north 1.66 chains to the place of beginning, containing ½ of an acre more or less. "B" PARCEL ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point distant 3 chains west from the northeast corner of said Lot No. 49 in the center of the West Hill Road, thence continuing west along the center of said West Hill Road, 60 links; thence southerly parallel with the Warner Gulf Road 4.16 2/3 chains; thence easterly parallel with the West Hill Road 3.60 chains to the center of the Warner Gulf Road; thence northerly along the center of the Warner Gulf Road 2.50 2/3 chains to the southeast corner of lot formerly knowns as School District No. 9; thence westerly along the southerly line of said school lot parallel with the said West Hill Road 3 chains to the southwest corner of the said school lot; thence northerly along the west line of said school lot parallel with the Warner Gulf Road 1.66 chains to the center of West Hill Road, the place of beginning, containing 1 acre more or less. EXCEPTING AND RESERV1NG THEREFROM that portion thereof conveyed to the County of Erie by deed recorded in Liber 6712 of Deeds at page 481. "C" PARCEL ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Holland, County of Erie and State of New York, being part of Lot Number forty-nine (49), Township eight (8), Range five (5) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point in the center line of the Holland-Glenwood Road at a distance of two hundred thirty-seven and sixty hundredths (237.60) feet westerly from the intersection of the Warner Gulf Road and the Holland-Glenwood Road as measured along the center line of the 3 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 FILED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08/16/2023 03:58 PM| RECEIVED NYSCEF: 11/27/2023 NYSCEF.DOC. NO. 26 RECEIVED NYSCEF: 08/16/2023 90° 02' Holland-Glenwood Road; running thence southerly forming an interior angle of 47", a distance of two hundred seventy-five (275) feet to a point; running thence easterly forming an 269° 57' interior angle of 13", a distance of two hundred thirty-seven and sixty hundredths (237.60) feet to a point in the center line of Warner Gulf Road which is also the east line of Lot 90° 02' 47" number forty-nine (49); running thence southerly forming an interior angle of as measured along the center line of Warner GulfRoad which is the easterly boundary of Lot Number forty-nine (49), a distance of three hundred seventy-five (375) feet to a point; running thence 89° 57' westerly forming an interior angle of 13", a distance of four hundred thirty-eight and thirteen hundredths (438.13) feet to a point; running thence northerly forming an interior angle of 90°, a distance of six hundred fifty (650) feet to a point in the center line of Holland-Glenwood Road; running thence easterly forming an interior angle of 90°, a distance of two hundred (200) feet as measured along the center line of Holland-Glenwood Road to the point or place of beginning, five and three hundredths (5.03) acres of land be the same more or less. Subject to easements, covenants, and restriction of record. 4 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 FILED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08 16 2 : RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE WELLS FARGO BANK, N.A., SUPPLEMENTAL SUMMONS Plaintiff, v. Index No. 815756/2021 ANY UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR SUCCESSORS IN INTEREST OF THE LATE KEVIN L. SUNDERL1N, IF LIVING, AND IF ANY BE DEAD, ANY AND ALL PERSONS 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 INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF, UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION 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 service of this sununons, 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 reliefdemanded in the complaint. 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 1 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 ETLED DOC. NYSCEF : ERIE NO. 58COUNTY CLERK 08/16/2023 03:58 PM) RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023 and filing the answer with the court, a default judgment may be entered and you can tose 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 (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. This is an attempt to collect a debt and any information obtained will be used for that purpose. The foregoing summons is served upon you by publication pursuant to an order of Honorable Deborah A. Chimes, Justice of the Supreme Court of the State of New York, signed the 7th day of August, 2023 at Buffalo, New York. The object of this action is to foreclose a mortgage on the following property: SBL: 262.22-1-11.1 a/k/a 262.00-1-11 a/k/a 262.00-1-27.2 "A" PARCEL ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and State of New York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the northeast corner of said lot, thence west on the north bounds of said lot, 3 chains, thence south parallel to the east line of said lot 1.66 chains, thence east 3 chains to the east line of said lot, thence north 1.66 chains to the place of beginning, containing ½ of an acre more or less. "B" PARCEL ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Holland, County of Erie and 2 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 |FILED NYSCEF : DOC.ERIE NO. 58COUNTY CLERK 08/16/2023 03:58 PM| RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023 State ofNew York, being part of Lot No. 49, Township 8, Range 5 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point distant 3 chains west from the northeast corner of said Lot No. 49 in the center of the West Hill Road, thence continuing west along the center of said West Hill Road, 60 links; thence southerly parallel with the Warner Gulf Road 4.16 2/3 chains; thence easterly parallel with the West Hill Road 3.60 chains to the center of the Warner Gulf Road; thence northerly along the center of the Warner Gulf Road 2.50 2/3 chains to the southeast corner of lot formerly knowns as School District No. 9; thence westerly along the southerly line of said school lot parallel with the said West Hill Road 3 chains to the southwest corner of the said school lot; thence northerly along the west line of said school lot parallel with the Warner Gulf Road 1.66 chains to the center of West Hill Road, the place of beginning, containing 1 acre more or less. EXCEPTING AND RESERVING THEREFROM that portion thereof conveyed to the County of Erie by deed recorded in Liber 6712 of Deeds at page 481. "C" PARCEL ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Holland, County of Erie and State of New York, being part of Lot Number forty-nine (49), Township eight (8), Range five (5) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point in the center line of the Holland-Glenwood Road at a distance of two hundred thirty-seven and sixty hundredths (237.60) feet westerly from the intersection of the Warner Gulf Road and the Holland-Glenwood Road as measured along the center line of the 90° 02' Holland-Glenwood Road; running thence southerly forming an interior angle of 47", a distance of two hundred seventy-five (275) feet to a point; running thence easterly forming an 269° 57' interior angle of 13", a distance of two hundred thirty-seven and sixty hundredths 3 of 4 FILED: ERIE COUNTY CLERK 11/27/2023 02:35 PM INDEX NO. 815756/2021 INDEX NO. 815756/2021 FILED NYSCEF : DOC. ERIE NO. 58COUNTY CLERK 08/16/2023 03:5 8 PM|. RECEIVED NYSCEF: 11/27/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/16/2023 (237.60) feet to a point in the center line of Warner Gulf Road which is also the east line of Lot 90° 02' 47" number forty-nine (49); running thence southerly forming an interior angle of as measured along the center line of Warner Gulf Road which is the easterly boundary of Lot Number forty-nine (49), a distance of three hundred seventy-five (375) feet to a point; running thence 89° 57' westerly forming an interior angle of 13", a distance of four hundred thirty-eight and thirteen hundredths (438.13) feet to a point; running thence northerly forming an interior angle of 90°, a distance of six hundred fifty (650) feet to a point in the center line of Holland-Glenwood Road; running thence easterly forming an interior angle of 90°, a distance of two hundred (200) feet as measured along the center line of Holland-Glenwood Road to the point or place of beginning, five and three hundredths (5.03) acres of land be the same more or less. Subject to easements, covenants, and restriction of record. These premises are also known as 9280 Warner Gulf Road, Holland, NY 14080. Dated: August 15, 2023 Erie County Buffalo, New York Arden L. Florian, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 4 of 4