TERMS AND CONDITIONS OF SALE

REAL PROPERTY LOCATED AT

2731 MARKS ROAD, TOWN OF MINA

COUNTY OF CHAUTAUQUA, STATE OF NEW YORK,  

IDENTIFIED AS TAX PARCEL: SECTION 361.00  BLOCK 1 LOT 1

WILL BE OFFERED FOR SALE AT PUBLIC AUCTION

ON SATURDAY, JUNE 22, 2019. BIDDING TO BEGIN AT 10 AM

PREVIEW: TUESDAY, JUNE 18, 2019 4PM-6PM

The auction will be held on location of the property on Lot 1. 

Open House Preview Tuesday June 18 4pm – 6pm

Auction Parcels: (All measurements & acreage is approximate)

Lot #1: House, Barn 35+/- acres 1305' road frontage on Bailey Hill Road and 815’ road frontage on Marks Road with a house and barn. 

Lot #2: 25 +/- acres of vacant land with 825’ road frontage on Bailey Hill Road. 

Lot #3: 10 +/- acres of vacant land with 447’ of road frontage on Marks Road.

Lot #4: 27.3 +/- acres of vacant land with 900’ of road frontage on Bailey Hill Road and 1322’ road frontage on Marks Road. 

Lot #5: 35.5 +/- acres of mostly wooded vacant land with 960’ of road frontage on Bailey Hill Road.

(1.)  This property is being offered for sale “AS IS, WHERE IS”, with no guarantees or warranties of any sort, either actual or implied, including but not limited to the septic/sewer, water system, plumbing, heating, electrical, interior and exterior of all buildings, any fixtures, and the land. For Lot #1, the Purchaser will pay for a Chautauqua County health department septic and water test at closing and will pay for any and all repairs or updates if required by Chautauqua County.

(2.) All property boundaries are approximate, and no guarantees of any kind are given with respect to the acreage shown on tax maps or referred to in any existing deeds, surveys, or sale literature. If a land survey is required or desired, it is the responsibility of Purchaser’s to order and pay for prior to closing. 

(3.)  Prospective Purchasers are responsible for inspecting the property, being knowledgeable about its physical condition and any existing zoning regulations, leases, easements, rights of way, or other restrictions regarding its use, and understanding closing costs and fees, PRIOR TO THE AUCTION. 

(4.)  The sale will be subject to the approval of the Seller within 48 hours of the auction. The Seller reserves the right to accept or reject any and all bids, for any reason whatsoever.

(5.)  The successful high bidders will immediately sign a Contract for Sale of Real Property and will place the following deposits: Lot#1: $7,500.00 & Lots #2, #3, #4 & #5: $3,500.00 each in the form of cash or good check with Mike Peterson Auction & Realty Service to be held in their escrow account until closing.  Note: Total deposit not to exceed $10,000.00.

(6.)  The deposits will NOT be refunded if the sale is not completed due to the default of the Purchasers for any reason and therefore will be forfeited to the seller.

(7.)  The deposits WILL be refunded in full to the Purchasers if the sale is not completed due to the default of the Seller for any reason.

(8.)  The BALANCE will be due AT CLOSING, ON OR BEFORE August 22, 2019. POSSESSION will be granted at closing.

 (9.)  The Seller shall furnish an INSURABLE TITLE to the Purchaser, free and clear of any liens or encumbrances, subject to any leases, easements, rights of way, or deed restrictions of record. All sellers’ oil, gas, mineral, & timber rights will be conveyed to the purchasers at time of closing.

(10.)  CLOSING COSTS - The Seller will pay for the Title Search update. Purchaser’s will pay for Revenue Stamps, TP 584 Filing Fee, Deed Recording Fee, RP5217 Filing Fee, and any costs in obtaining financing. Each will pay own attorney fees.

(11.)  ALL PROPERTY TAXES will be APPORTIONED and PRORATED as of the CLOSING DATE.  

(12.)  Seller and/or Auctioneer reserve the right to cancel the auction for any reason prior to set auction date.

(13.) Michael W. Peterson is acting only as Sales Agent for the Seller, and has no personal interest in the property.  

     ANY  ANNOUNCEMENTS  MADE  BY  THE  AUCTIONEER  ON  THE  DAY  OF  THE SALE  WILL  TAKE  PRECEDENCE  OVER  ANY  PRINTED  MATERIAL.

     THE SELLER AND HIS SALES AGENTS WILL NOT BE HELD RESPONSIBLE FOR ANY ACCIDENTS SHOULD THEY OCCUR BEFORE, DURING, AFTER, OR BECAUSE OF THE AUCTION.

SELLER: Mark E. Griswold

             2731 Marks Road

             Clymer, New York  14724

ATTORNEY: Crandall G. Nyweide

                   PO Box 369

                   8761 W. Main Street

                   Clymer, New York  14724

                   716-355-2740

BROKER:      Michael W. Peterson, Mike Peterson Auction and Realty Service 

                       164 Ivory Street, Frewsburg, New York 14738

                       Telephone:  716-665-0668             Fax:  716-661-9629

                       E-mail: peteauction@hotmail.com   Web Site:  www.petersonauction.com

PROPERTY DESCRIPTIONS 

Location: 2731 Marks Road, Clymer, New York  14724

TAX PARCEL NUMBER:    Section 361.00  Block 1  Lot 1

 Deed Book: 2016   Deed Page: 2770  Date: 4/28/2016  

FULL MARKET VALUE:   $ 290,900.00                                               

2019 TAXES:  Total: $ 8,036.16

                     School : $ 4,882.55 (no star exemption applied)

                     Town & County :  $ 3,153.61

SCHOOL DISTRICT: Sherman

ALL MEASUREMENTS ARE APPROXIMATE 

LOT #1: House, Barn, & Approximately 35 +/- acres: Part of Tax Parcel Section 361.00  Block 1  Lot 1                                            

House: In Need of Complete Repair

Garage: 24’ x 28’, 2 car, concrete floor

1st Floor:

Entry Way: 12’ x 14’

Kitchen: 11’ x 15’, wood cupboards, vinyl flooring

Living Room: 13’ x 18’

4 downstairs bedrooms: various sizes

2 full bathrooms

2nd Floor: 

Bathroom

Small kitchen

Living room

Bedroom

BARN: 40’ x 100, concrete block, steel roof, ramp access hay mound, concrete stave silo, barn cleaner, 54 tie stalls, vacuum line and water buckets. Driven well with shallow well pump. 

LOT #2: Part of Tax Parcel Section: 361.00 Block 1 Lot 1

Approximately 25 +/- acres of vacant land with 825’ road frontage on Bailey Hill Road.

LOT #3: Part of Tax Parcel Section 361.00 Block 1 Lot 1

Approximately 10 +/- acres of vacant land with 447’ of road frontage on Marks Road.

LOT #4: Part of Tax Parcel Section 361.00 Block 1 Lot 1

Approximately 27.3 +/- acres of vacant land with 900’ of road frontage on Bailey Hill Road and 1322’ road frontage on Marks Road.

LOT #5: Part of Tax Parcel Section 361.00  Block 1   Lot 1

Approximately 35.5 +/- acres of mostly wooded vacant land with 960’ of road frontage on Bailey Hill Road.