Preview
ED: OR Da COUN
hk LG} B./ bbe GotrsZT Al mT ag fe: 1 of 6 INDEX NO. EF14-546
NYSCEF boc : NO. 28 RECEIVED NYSCEF: 01/08/2016
At an Ex Parte Term of the Supreme Court held in the
County of Cortland, at the Courthouse thereof, City of
Cortland, New York, on the _Zth day of
: January 32 0.16
et 3
PRESENT: HON. JULIE A. CAMPBELL
JU: STICE OF THE SUPREME Ci ‘OURT
= _
JUDGMENT OF FORECLOSURE.
WELLS FARGO BANK, N.A. AND SALE,
Plaintiff, INDEX NO.: EF14-546 RJl: 2015-0051-M
VS. MORTGAGED PREMISES:
12 PEARNE AVENUE
TIMOTHY E. BULL, NICOLE E. BULL, NEW CORTLAND, NY 13045-1240
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE, SBL #:
SECTION 86.34,
Defendant(s). BLOCK 02,
LOT 22.000
wutnce
On the Summons, Complaint and Notice of Pendency of Action duly filed in this action on the 13th day
of November,2014, and the Notice of Pendency re-filed on the 11th day of December, 2014, and all proceedings
thereon, and on reading and filing the Affirmation of Regularity of Gross Polowy, LLC, by Amber A. Jurek, Esq.,
dated the 13th day of February, 2015, and the Affirmation for Judgment of Foreclosure and Sale, by Michael B.
Mulvey, Esq., dated the | > to day of October, 2015, showing that each of the Defendants herein have been
duly served with the Summons and Complaint in this action, or have voluntarily appeared by their respective
attorneys, and stating that more than the legally required number of days had elapsed since said Defendants were
so served and/or appeared; and that none of the Defendants had served any answer to said Complaint, nor had
their time to do so been extended or, if they had served an answer, it was dismissed by summary judgment or
stipulation of the parties, and upon the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
that the Plaintiff has complied with New York law regarding RPAPL §§ 1304, 1306 and CPLR 3408; and that the
Complaint herein and due Notice of Pendency of this action containing all the particulars required to be stated
therein was duly filed in the Office of the Clerk of the County of Cortland on the 13th day of November, 2014,
and the Notice of Pendency re-filed on the 11th day of December, 2014, and an Order of Reference having been
duly executed wherein a Referee was appointed to compute the amount due to the Plaintiff upon the bond/note
1
RECEIVED
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01/07/2016 03:16:36 PM
COURT & TRUST
10/27/15 beaeeh Larkin, County Clerk
:
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INSTR¥: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image: 2¢
and mortgage set forth in the Complaint and said Referee having examined and reported whether the mortgaged
premises can be sold in parcels,
AND, on reading and filing the report of Richard C. Van Donsel Esq., the Referee named in said Order of
Reference, by which Report, bearing date the 28th day of September, 2015, it appears that the sum of $87,973.63
was due thereon at the date of said Report and that the mortgaged premises cannot be sold in parcels.
NOW, upon proof of due notice of this application upon all parties who had not waived the same,
ON MOTION of Gross Polowy, LLC, attorney for the Plaintiff, it is
ORDERED, ADJUDGED AND DECREED, that the said Report of the said Referee be, and the same is
hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged premises, and if not sold sooner, any and
all personal property in which the Plaintiff has a security interest, as described in the Complaint in this action or
such part of the real property thereof as may be sufficient to discharge the mortgage debt, the expense of the sale
and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold at public
auction at the bbb the ‘C nn urthou;
=== ish Si rtland_in.th
County of Cortland, State of New York, by and under the direction of Richard C. Van Donsel, Esq., who is
hereby appointed Referee for that purpose; that the said Referee give public notice of the time and place of such
sale according to law and the practice of this Court, in an official publication, to wit: The Cortland Standard; or
in any publication in compliance with RPAPL § 231; and it is further
ORDERED, ADJUDGED AND DECREED, that the premises be sold in "as is" condition defined as the
condition the premises are in as of the date of sale and continuing through the date of closing, and that said sale
shall be subject to:
(a) Rights of the public and others in and to any part of the mortgaged premises that lies within the
bounds of any street, alley, or highway; restrictions and easements of record;
(b) Any state of facts that an accurate, currently dated survey might disclose;
(©) Rights of tenants, occupants or squatters, if any. It shall be the responsibility of the Purchaser to
evict or remove any parties in possession of premises being foreclosed. There shall be no pro-rata
2
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INSTR#: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image: 3¢
adjustment in favor of the purchaser for any rents that are paid for a period after the date of the
foreclosure sale.
(a) The right of redemption of the United States of America, if any; and it is further
ORDERED, ADJUDGED AND DECREED, that the Plaintiff or any other parties to this action may
become the purchaser or purchasers at such sale; that in case the Plaintiff shall become the purchaser at the said
sale, it shall not be required to make any deposit thereon; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee conducting the sale shall pay out of the
proceeds of sale all taxes, assessments and water rates which are liens upon the property at time of sale.
Purchaser shall be responsible for interest due on any real property tax liens accruing after the first day of the
month following the foreclosure sale; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee then take the remaining proceeds of sale
and deposit them in his own name as Referee in his IOLA account or other separate account, and in addition to
executing a deed to the purchaser(s) of the premises sold, shall thereafter make the following payments and his
checks drawn for that purpose:
FIRST: The contract fees of said Referee, Richard C. Van Donsel Esq., for conducting the sale not to
exceed $500.00.
SECOND: The expenses of the sale including posting and advertising.
THIRD: Said Referee shall also pay to the Plaintiff or its attorney the following:
Costs and Disbursements. $1,751.56 adjudged to the Plaintiff for costs and disbursements in this action
to be taxed by the clerk and inserted herein, with interest at the legal rate thereon from the date of entry hereof.
Additional Allowances. $0.00, is hereby awarded to the Plaintiff in addition to costs with interest at the
legal rate thereon from the date hereof;
Amount Due per Referee's Report. $87,973.63, said amount so reported due as aforesaid together with
the interest at the contract rate thereon from the date computed to in said Report until the date of entry of this
judgment, with interest at the contract rate thereon until the date of transfer of the Referee's deed, or so much of
the purchase money as will the same, and that he take a receipt for said payment and file it with his report of sale.
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INSTR#: CJ-2016-00026 CASE#:
Attorney Fees. $2,000.00 is hereby awarded to thePleintft as reasonable legal fees herein, with legal
interest from the date of entry of the judgment,
Plaintiff, may, after entry of this judgment, add to the amount due any and all advances made by the
Plaintiff for inspection fees, maintenance charges, taxes, insurance premiums or other advances necessary to
preserve the property, whether or not said advances were made prior to or after entry of judgment, so long as said
charges were not included in the Referee's Report, and the Referee be provided with receipts for said
expenditures, all together with interest thereon pursuant to the note and mortgage.
FOURTH: That in case the Plaintiff be the purchaser of said mortgaged premises at said sale, said
Referee shall not require the Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and
deliver to the Plaintiff a Deed of the premisessold upon the payment to said Referee of the amounts specified
above in items marked "First" and "Second"; that the balance of the amount bid, after deducting the amounts paid
by the Plaintiff, for Referee's fees, and advertising expenses, shall be allowed to the Plaintiff and applied by said
Referee upon the amounts due to the Plaintiff as specified above in item marked "Third"; that if after applying the
balance of the amount bid, there shall be a surplus over and above said amounts due to the Plaintiff, the Plaintiff
shall pay the same to said Referee, who shall deposit the funds in accordance with paragraph "FIFTH" below.
FIFTH: That said Referee deposit the surplus money, if any, with the Cortland County County Clerk
within five days after the same shall be received and be ascertainable to the credit of this action, to be withdrawn
only on the written order of the Court, that the said Referee make his Report of such sale under oath showing the
disposition of the proceeds of the sale and file it with the Clerk of the County of Cortland within thirty days after
completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be
insufficient to pay the amount reported due the Plaintiff with interest and costs as aforesaid, the Plaintiff may
recover of the Defendants TIMOTHY E. BULL and NICOLE E. BULL the whole deficiency or so much thereof
as the Court may determine to be just and equitable of the mortgage debt remaining unsatisfied after the sale of
the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment
shall be made as prescribed by Section 1371 of the Real Property Actions and Proceeding Law within the time
4
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EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image 5 ¢
INSTR#: CJ-2016-00026 CASE#
limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in
said action; and it is further
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be let into
possession on producing the Referee's Deed; and it is further
ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this action and all
persons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action,
be and they hereby are, barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the
said mortgaged premises and each and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED, that the liens of the Plaintiff other than the mortgage or
mortgages that are the subject matter of this action also be foreclosed herein as though the Plaintiff was named as
a party Defendant, specifically reserving to the Plaintiff its right to share in any surplus monies as a result of such
position as a lien creditor; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee appointed herein is subject to the
requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving appointment
pursuant to provisions of that Rule, the Referee shall notify the Appointing Judge forthwith.
That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule
A - Legal Description.
Dated: January7, 2016
Cortland, New York
eet
ENTER,
Cybele signed by
fa Cth (on. Julie A. Campbell
jan ‘07; #2016, 2:29 pm
Oe “eeu
=
HON. JULIE A. CAMPBELL
ACTING JUSTICE OF THE SUPREME COURT
CaseGen: 302891 eZ
. ri Kooba
}-2016-000
01/07/2016 03: 36 PM
JUDGMENT OF FORECLO}
age Larkin, County Clerk
Elizabeth
he ze we
ae oe ee ont
INSTR#: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image 6 «
DEFAULT SERVICES
DIVISION OF
FRONTIER ABSTRACT AND RESEARCH SERVICES, INC
30 West Broad Street, Irving Place, Suite 100, Rochester, NY 14614
SEARCH NO. 1021489
Schedule A- Description of the Premises
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Cortland,
County of Cortland and State of New York, being a part of Military Lot #65 in said
City, bounded and described as follows
BEGINNING at a point marked by a found iron pipe located in the westerly edge
of the west walk line of Pearne Avenue, said point being located 300.0 feet as
measured northerly along said westerly edge of the west walk line of Pearne
Avenue, from its intersection with the north walk line of East Main Street; thence
running N 84° 00’ 00” W, a distance of 100.0 feet to a point; thence running N 06°
00° 00” E , a distance of 25.0 feet to a point marked by an found iron pipe; thence
running N 84° 00’ 00” W, a distance of 30.0 feet to a point marked by a found iron
pipe; thence running N 07° 00’ 31” E, a distance of 25.0 feet to a point marked by
5/8 rebar with survey cap; thence running S 84° 00’ 00” E, a distance of 130.0 feet
to a point marked by a found iron pipe in the westerly edge of the west walk line of
Pearne Avenue; thence running S 06° 00’ 00” W, as measured along said westerly
edge of the west walk line of Pearne Avenue , a distance of 50.00 feet to the point
and place of beginning.
The above desctibed mises are more particularly shown on a survey map
entitled “Map:| Shi wing inds of Jonathan P. Phillips”, made by Gary Bruce
Davison, PLS #49603, ‘dated July 8, 1986 and last revised December 11, 2008.
12 Pearne Avenue, Cortland, New York (City of Cortland) Cortland County
TAX ACCT. NO. 86.34-02-22.000
aoe eo
Preview
ED: OR Da COUN hk LG} B./ bbe GotrsZT Al mT ag fe: 1 of 6 INDEX NO. EF14-546 NYSCEF boc : NO. 28 RECEIVED NYSCEF: 01/08/2016 At an Ex Parte Term of the Supreme Court held in the County of Cortland, at the Courthouse thereof, City of Cortland, New York, on the _Zth day of : January 32 0.16 et 3 PRESENT: HON. JULIE A. CAMPBELL JU: STICE OF THE SUPREME Ci ‘OURT = _ JUDGMENT OF FORECLOSURE. WELLS FARGO BANK, N.A. AND SALE, Plaintiff, INDEX NO.: EF14-546 RJl: 2015-0051-M VS. MORTGAGED PREMISES: 12 PEARNE AVENUE TIMOTHY E. BULL, NICOLE E. BULL, NEW CORTLAND, NY 13045-1240 YORK STATE DEPARTMENT OF TAXATION AND FINANCE, SBL #: SECTION 86.34, Defendant(s). BLOCK 02, LOT 22.000 wutnce On the Summons, Complaint and Notice of Pendency of Action duly filed in this action on the 13th day of November,2014, and the Notice of Pendency re-filed on the 11th day of December, 2014, and all proceedings thereon, and on reading and filing the Affirmation of Regularity of Gross Polowy, LLC, by Amber A. Jurek, Esq., dated the 13th day of February, 2015, and the Affirmation for Judgment of Foreclosure and Sale, by Michael B. Mulvey, Esq., dated the | > to day of October, 2015, showing that each of the Defendants herein have been duly served with the Summons and Complaint in this action, or have voluntarily appeared by their respective attorneys, and stating that more than the legally required number of days had elapsed since said Defendants were so served and/or appeared; and that none of the Defendants had served any answer to said Complaint, nor had their time to do so been extended or, if they had served an answer, it was dismissed by summary judgment or stipulation of the parties, and upon the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and that the Plaintiff has complied with New York law regarding RPAPL §§ 1304, 1306 and CPLR 3408; and that the Complaint herein and due Notice of Pendency of this action containing all the particulars required to be stated therein was duly filed in the Office of the Clerk of the County of Cortland on the 13th day of November, 2014, and the Notice of Pendency re-filed on the 11th day of December, 2014, and an Order of Reference having been duly executed wherein a Referee was appointed to compute the amount due to the Plaintiff upon the bond/note 1 RECEIVED J 01/07/2016 03:16:36 PM COURT & TRUST 10/27/15 beaeeh Larkin, County Clerk : .” . 3 ee ee ~~ INSTR¥: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image: 2¢ and mortgage set forth in the Complaint and said Referee having examined and reported whether the mortgaged premises can be sold in parcels, AND, on reading and filing the report of Richard C. Van Donsel Esq., the Referee named in said Order of Reference, by which Report, bearing date the 28th day of September, 2015, it appears that the sum of $87,973.63 was due thereon at the date of said Report and that the mortgaged premises cannot be sold in parcels. NOW, upon proof of due notice of this application upon all parties who had not waived the same, ON MOTION of Gross Polowy, LLC, attorney for the Plaintiff, it is ORDERED, ADJUDGED AND DECREED, that the said Report of the said Referee be, and the same is hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged premises, and if not sold sooner, any and all personal property in which the Plaintiff has a security interest, as described in the Complaint in this action or such part of the real property thereof as may be sufficient to discharge the mortgage debt, the expense of the sale and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold at public auction at the bbb the ‘C nn urthou; === ish Si rtland_in.th County of Cortland, State of New York, by and under the direction of Richard C. Van Donsel, Esq., who is hereby appointed Referee for that purpose; that the said Referee give public notice of the time and place of such sale according to law and the practice of this Court, in an official publication, to wit: The Cortland Standard; or in any publication in compliance with RPAPL § 231; and it is further ORDERED, ADJUDGED AND DECREED, that the premises be sold in "as is" condition defined as the condition the premises are in as of the date of sale and continuing through the date of closing, and that said sale shall be subject to: (a) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway; restrictions and easements of record; (b) Any state of facts that an accurate, currently dated survey might disclose; (©) Rights of tenants, occupants or squatters, if any. It shall be the responsibility of the Purchaser to evict or remove any parties in possession of premises being foreclosed. There shall be no pro-rata 2 serine - ce ko aoe INSTR#: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image: 3¢ adjustment in favor of the purchaser for any rents that are paid for a period after the date of the foreclosure sale. (a) The right of redemption of the United States of America, if any; and it is further ORDERED, ADJUDGED AND DECREED, that the Plaintiff or any other parties to this action may become the purchaser or purchasers at such sale; that in case the Plaintiff shall become the purchaser at the said sale, it shall not be required to make any deposit thereon; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee conducting the sale shall pay out of the proceeds of sale all taxes, assessments and water rates which are liens upon the property at time of sale. Purchaser shall be responsible for interest due on any real property tax liens accruing after the first day of the month following the foreclosure sale; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee then take the remaining proceeds of sale and deposit them in his own name as Referee in his IOLA account or other separate account, and in addition to executing a deed to the purchaser(s) of the premises sold, shall thereafter make the following payments and his checks drawn for that purpose: FIRST: The contract fees of said Referee, Richard C. Van Donsel Esq., for conducting the sale not to exceed $500.00. SECOND: The expenses of the sale including posting and advertising. THIRD: Said Referee shall also pay to the Plaintiff or its attorney the following: Costs and Disbursements. $1,751.56 adjudged to the Plaintiff for costs and disbursements in this action to be taxed by the clerk and inserted herein, with interest at the legal rate thereon from the date of entry hereof. Additional Allowances. $0.00, is hereby awarded to the Plaintiff in addition to costs with interest at the legal rate thereon from the date hereof; Amount Due per Referee's Report. $87,973.63, said amount so reported due as aforesaid together with the interest at the contract rate thereon from the date computed to in said Report until the date of entry of this judgment, with interest at the contract rate thereon until the date of transfer of the Referee's deed, or so much of the purchase money as will the same, and that he take a receipt for said payment and file it with his report of sale. 3 ie oe ~ ~ EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image: 4¢ INSTR#: CJ-2016-00026 CASE#: Attorney Fees. $2,000.00 is hereby awarded to thePleintft as reasonable legal fees herein, with legal interest from the date of entry of the judgment, Plaintiff, may, after entry of this judgment, add to the amount due any and all advances made by the Plaintiff for inspection fees, maintenance charges, taxes, insurance premiums or other advances necessary to preserve the property, whether or not said advances were made prior to or after entry of judgment, so long as said charges were not included in the Referee's Report, and the Referee be provided with receipts for said expenditures, all together with interest thereon pursuant to the note and mortgage. FOURTH: That in case the Plaintiff be the purchaser of said mortgaged premises at said sale, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff a Deed of the premisessold upon the payment to said Referee of the amounts specified above in items marked "First" and "Second"; that the balance of the amount bid, after deducting the amounts paid by the Plaintiff, for Referee's fees, and advertising expenses, shall be allowed to the Plaintiff and applied by said Referee upon the amounts due to the Plaintiff as specified above in item marked "Third"; that if after applying the balance of the amount bid, there shall be a surplus over and above said amounts due to the Plaintiff, the Plaintiff shall pay the same to said Referee, who shall deposit the funds in accordance with paragraph "FIFTH" below. FIFTH: That said Referee deposit the surplus money, if any, with the Cortland County County Clerk within five days after the same shall be received and be ascertainable to the credit of this action, to be withdrawn only on the written order of the Court, that the said Referee make his Report of such sale under oath showing the disposition of the proceeds of the sale and file it with the Clerk of the County of Cortland within thirty days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due the Plaintiff with interest and costs as aforesaid, the Plaintiff may recover of the Defendants TIMOTHY E. BULL and NICOLE E. BULL the whole deficiency or so much thereof as the Court may determine to be just and equitable of the mortgage debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceeding Law within the time 4 be a none ae toe ee EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image 5 ¢ INSTR#: CJ-2016-00026 CASE# limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said action; and it is further ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be let into possession on producing the Referee's Deed; and it is further ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this action and all persons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action, be and they hereby are, barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED, that the liens of the Plaintiff other than the mortgage or mortgages that are the subject matter of this action also be foreclosed herein as though the Plaintiff was named as a party Defendant, specifically reserving to the Plaintiff its right to share in any surplus monies as a result of such position as a lien creditor; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee appointed herein is subject to the requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving appointment pursuant to provisions of that Rule, the Referee shall notify the Appointing Judge forthwith. That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule A - Legal Description. Dated: January7, 2016 Cortland, New York eet ENTER, Cybele signed by fa Cth (on. Julie A. Campbell jan ‘07; #2016, 2:29 pm Oe “eeu = HON. JULIE A. CAMPBELL ACTING JUSTICE OF THE SUPREME COURT CaseGen: 302891 eZ . ri Kooba }-2016-000 01/07/2016 03: 36 PM JUDGMENT OF FORECLO} age Larkin, County Clerk Elizabeth he ze we ae oe ee ont INSTR#: CJ-2016-00026 CASE#: EF14-546 01/07/2016 JUDGMENT OF FORECLOSURE AND SALE Image 6 « DEFAULT SERVICES DIVISION OF FRONTIER ABSTRACT AND RESEARCH SERVICES, INC 30 West Broad Street, Irving Place, Suite 100, Rochester, NY 14614 SEARCH NO. 1021489 Schedule A- Description of the Premises ALL THAT TRACT OR PARCEL OF LAND situate in the City of Cortland, County of Cortland and State of New York, being a part of Military Lot #65 in said City, bounded and described as follows BEGINNING at a point marked by a found iron pipe located in the westerly edge of the west walk line of Pearne Avenue, said point being located 300.0 feet as measured northerly along said westerly edge of the west walk line of Pearne Avenue, from its intersection with the north walk line of East Main Street; thence running N 84° 00’ 00” W, a distance of 100.0 feet to a point; thence running N 06° 00° 00” E , a distance of 25.0 feet to a point marked by an found iron pipe; thence running N 84° 00’ 00” W, a distance of 30.0 feet to a point marked by a found iron pipe; thence running N 07° 00’ 31” E, a distance of 25.0 feet to a point marked by 5/8 rebar with survey cap; thence running S 84° 00’ 00” E, a distance of 130.0 feet to a point marked by a found iron pipe in the westerly edge of the west walk line of Pearne Avenue; thence running S 06° 00’ 00” W, as measured along said westerly edge of the west walk line of Pearne Avenue , a distance of 50.00 feet to the point and place of beginning. The above desctibed mises are more particularly shown on a survey map entitled “Map:| Shi wing inds of Jonathan P. Phillips”, made by Gary Bruce Davison, PLS #49603, ‘dated July 8, 1986 and last revised December 11, 2008. 12 Pearne Avenue, Cortland, New York (City of Cortland) Cortland County TAX ACCT. NO. 86.34-02-22.000 aoe eo