Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
COMMUNITY BANK, NATIONAL ASSOCIATION
201 North Union Street
Olean, New York 14760
Plaintiff,
-vs- LIS PENDENS
KENNETH C. EMERY, SR.
Debtor's Address: Index No.:
61 Backman Avenue
Westfield, New York 14787
KENNETH C. EMERY, JR.
Debtor's Address:
34 Bourne Street
Westfield, New York 14787
COLLATERAL ADDRESS:
34 Bourne Street
Westfield, New York 14787
#1"
and "JOHN DOE through "JANE DOE #10", the
last 10 names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
occupants, tenants, persons or entities, if any, having
or claiming an interest in or lien upon the mortgaged
premises described in the verified complaint, ACTION TO
FORECLOSE A
MORTGAGE
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is now
pending in the Supreme Court upon the complaint of the above-named plaintiff against
the above-named defendants for the foreclosure of a mortgage bearing the date of
December 22, 2005, executed by Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. and
given to the Plaintiff, to secure the sum of FORTY-FOUR THOUSAND DOLLARS
AND 00/100 CENTS ($44,000.00) with interest thereon at the rate SEVEN AND
125/1000 (7.125%) percent per annum, and recorded in the Office of the Clerk of the
County of Chautauqua on the thirtieth (30th) day of December, 2005, Liber 2865 of
Mortgages, Page 527.
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises described
in such mortgage affected by the said foreclosure action, were, at the time of the
commencement of this action, and at the time of the filing of this Notice, situate in the
"A"
County of Chautauqua and State of New York, and are described in EXHIBIT
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FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
t
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024
attached hereto and made a part hereof.
The Clerk of the County of Chautauqua is directed to index this Notice against the
names of all the defendants.
The Servicer of this mortgage is: Community Bank, National Association, 201 North
Union St., Olean, New York 14760
Telephone: 1-888-907-1171
Dated: , 2024
Olean, New York
Morgan & Associates, PLLC
Michael A. Morgan, Esq.
Attorneys for Plaintiff
201 North Union Street, Suite 410
Olean, NY 14760
(716) 373-2165
6
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FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024
Exhibit "A": Mortgaged premises known as 34 Bourne Street, Westfield, New York
14787 (Chautauqua County), Tax ID Number 192.16-1-19
The legal description of the parcel to be foreclosed upon, which is the parcel encumbered
"Mortgage(s),"
by the above referenced is as follows:
"A"
SEE EXHIBIT ATTACHED HERETO
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FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024
Exhibe A
all
THAT TRACT OR PARCEL . OF LAND, situate in the Village of Westfield,
County of Chautauqua, State of New York, and being a part of Lot-17,
Range-14 of the Holland Land Company' s bounded and
Town-4, Survey,
described as follows:
BEGINNING at an existing iron pipe on the southeasterly bounds of
Bourne Street, said existing iron pipe being 1024.49 feet
southwesterly measured along said Bourne Street bounds from its
intersection with the southwesterly bounds of Bird Street; THENCE
S 36° 14 ' 32" E along the lands now or formerly owned by the Wine
Ltd. described · in iber 2146 of Deeds at Page 200.91 feet
Group 198,
to a set rebar with cap; THENCE S 54° 24 ' 10" W along the said lands
of the Wine Group Ltd. , 96.17 feet to .an existing iron pipe; THENCE N
36° 04 ' 21" W along the lands now or formerly owned by Marion Catania
described in Liber 1452 of Deeds at Page 487, 199.79 feet to an
existing iron pipe on the said southeasterly bounds of Bourne Str et;
THENCE N 53° 44 ' 01" E along said Bourne Street Bounds, 95.57 feet to
the point 'or place of beginning containing 0.441 acres according to a
survey made by Michael D. Masters, Land Surveyor, Job No. 990610 and
dated June 9, 1999.
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CHAUTAUQUA COMMUNITY BANK, NATIONAL ASSOCIATION 201 North Union Street Olean, New York 14760 Plaintiff, -vs- LIS PENDENS KENNETH C. EMERY, SR. Debtor's Address: Index No.: 61 Backman Avenue Westfield, New York 14787 KENNETH C. EMERY, JR. Debtor's Address: 34 Bourne Street Westfield, New York 14787 COLLATERAL ADDRESS: 34 Bourne Street Westfield, New York 14787 #1" and "JOHN DOE through "JANE DOE #10", the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the occupants, tenants, persons or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, ACTION TO FORECLOSE A MORTGAGE Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending in the Supreme Court upon the complaint of the above-named plaintiff against the above-named defendants for the foreclosure of a mortgage bearing the date of December 22, 2005, executed by Kenneth C. Emery, Jr. and Kenneth C. Emery, Sr. and given to the Plaintiff, to secure the sum of FORTY-FOUR THOUSAND DOLLARS AND 00/100 CENTS ($44,000.00) with interest thereon at the rate SEVEN AND 125/1000 (7.125%) percent per annum, and recorded in the Office of the Clerk of the County of Chautauqua on the thirtieth (30th) day of December, 2005, Liber 2865 of Mortgages, Page 527. AND NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such mortgage affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of the filing of this Notice, situate in the "A" County of Chautauqua and State of New York, and are described in EXHIBIT 1 of 4 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 t NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024 attached hereto and made a part hereof. The Clerk of the County of Chautauqua is directed to index this Notice against the names of all the defendants. The Servicer of this mortgage is: Community Bank, National Association, 201 North Union St., Olean, New York 14760 Telephone: 1-888-907-1171 Dated: , 2024 Olean, New York Morgan & Associates, PLLC Michael A. Morgan, Esq. Attorneys for Plaintiff 201 North Union Street, Suite 410 Olean, NY 14760 (716) 373-2165 6 2 of 4 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024 Exhibit "A": Mortgaged premises known as 34 Bourne Street, Westfield, New York 14787 (Chautauqua County), Tax ID Number 192.16-1-19 The legal description of the parcel to be foreclosed upon, which is the parcel encumbered "Mortgage(s)," by the above referenced is as follows: "A" SEE EXHIBIT ATTACHED HERETO 3 of 4 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/18/2024 Exhibe A all THAT TRACT OR PARCEL . OF LAND, situate in the Village of Westfield, County of Chautauqua, State of New York, and being a part of Lot-17, Range-14 of the Holland Land Company' s bounded and Town-4, Survey, described as follows: BEGINNING at an existing iron pipe on the southeasterly bounds of Bourne Street, said existing iron pipe being 1024.49 feet southwesterly measured along said Bourne Street bounds from its intersection with the southwesterly bounds of Bird Street; THENCE S 36° 14 ' 32" E along the lands now or formerly owned by the Wine Ltd. described · in iber 2146 of Deeds at Page 200.91 feet Group 198, to a set rebar with cap; THENCE S 54° 24 ' 10" W along the said lands of the Wine Group Ltd. , 96.17 feet to .an existing iron pipe; THENCE N 36° 04 ' 21" W along the lands now or formerly owned by Marion Catania described in Liber 1452 of Deeds at Page 487, 199.79 feet to an existing iron pipe on the said southeasterly bounds of Bourne Str et; THENCE N 53° 44 ' 01" E along said Bourne Street Bounds, 95.57 feet to the point 'or place of beginning containing 0.441 acres according to a survey made by Michael D. Masters, Land Surveyor, Job No. 990610 and dated June 9, 1999. 4 of 4