TERMS AND CONDITIONS OF SALE
REAL PROPERTY LOCATED AT
3667 EAST MAIN ROAD, TOWN OF POMFRET
COUNTY OF CHAUTAUQUA, STATE OF NEW YORK,

IDENTIFIED AS TAX PARCELS: ALL OF SECTION 114.00 BLOCK 3 LOTS 19,20

ALL OF SECTION 114.05 BLOCK 2 LOTS 20,26
WILL BE OFFERED FOR SALE AT PUBLIC AUCTION
ON SATURDAY, JULY 27, 2019 BIDDING TO BEGIN AT 10:00 AM

The auction will be held on location at the property.

PREVIEW WILL BE WEDNESDAY, JULY 10, 2019 FROM 4-6 PM

AND Thursday, JULY 11, 2019 FROM 3-5 PM

Auction Parcels:
LOT # 1:
All of Tax Parcel Section: 114.00 Block 3 Lot 19
Approximately 12 +/- acres of land with a two story home, building, and vineyards. Has
approximately 198’ of road frontage on East Main Road. The vineyards are contracted for
tend and harvest thru the Fall 2019 season. Grapes are Concord.
All of Tax Parcel Section 114.05 Block 2 Lot 20
Approximately 0.6 +/- acres of vacant land 112’ road frontage on East Main Road.
All of Tax Parcel Section 114.05 Block 2 Lot 26
Approximately .34 +/- acres of vacant backland 66’ x 440’
LOT #2:
All of Tax Parcel Section: 114.00 Block 3 Lot 20
Approximately 4.5 +/- acres of vacant land with approx. 222’ road frontage on Christy
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 deposit of $ 10,000.00 for Lot #1 and $ 1,500.00 for
Lot #2 in the form of cash or good check with Mike Peterson Auction & Realty Service to
be held in their escrow account until closing.

(6.) The deposit 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 deposit 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 September 27, 2019.
POSSESSION will be granted at closing.

(9.) The Seller shall furnish an EXECUTORS DEED 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 PRORATED as of the CLOSING DATE.

(12.) Seller and/or Auctioneer reserve the right to cancel the auction because of pre-sale or
for 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: Estate of Anthony Binko/ Walter Binko, Executor
3667 East Main Road
Fredonia, New York 14063

ATTORNEY: Peter D. Clark
2 West Main Street
PO Box 109
Fredonia, New York 14063-0109

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: 3667 East Main Road, Fredonia, New York 14063
ALL OF TAX PARCELS:

Lot#1:

Section 114.00 Block 3 Lot 19

Full Market Value $ 185,800.00 (Approx 12 acres)
                          Taxes: C/T: $ 1,747.57 School: $ 2,491.26
                         Section 114.05 Block 2 Lot 20 Full Market Value $ 2,800.00 (Approx 0.6 acres)
                          Taxes: C/T $ 42.77 School: $ 61.85
                         Section 114.05 Block 2 Lot 26 Full Market Value $ 400.00 (Approx 0.34 acres)
                          Taxes: C/T $ 14.59 School: $ 8.66

Lot #2:

Section 114.00 Block 3 Lot 20

Full Market Value $ 11,500.00 (Approx 4.5 acres)
                          Taxes: C/T: $ 52.58 School: $ 50.72

SCHOOL DISTRICT: Fredonia

ALL MEASUREMENTS ARE APPROXIMATE

LOT # 1:

House & Barn : All of Section 114.00 Block 3 Lot 19, All of Section 114.05 Block 2 Lot 20 & 26

LAND: Approximately 12 +/- total acres of which 8.8+/- acres are vineyards, with 310’ of
road frontage on East Main Road. Vineyards that are contracted for tend and harvest thru
December 31, 2019.

MACHINE SHED: 30’ x 42’, metal frame w/ wood joists, steel roof and siding, 70 amp
sub panel electric, dirt floor

ATTACHED VIA BREEZEWAY TWO CAR GARAGE: 9’ garage door w/ door opener,
8’ garage door no opener, concrete floor w/ drains, upstairs loft for storage, not insulated.
The Breezeway has concrete floor

HOUSE: two story, wood framed
HEATING: Natural Gas, Forced Air Kenmore 90 Hi-Efficiency furnace w/ central air
ELECTRICAL: 100 amp w/ breakers National Grid
SEPTIC: private, new in the last 10 years
WATER: village water

HOT WATER HEATER: 2010 30 gln, natural gas
WATER CONDITIONER: Culligan Mark 50 water conditioner
ROOF: shingle new in last 4 years
SIDING: aluminum
WINDOWS: some new Thremopane, remainder double wood pane
FOUNDATION: field stone w/ concrete block face
¾ BASEMENT w/ crawl space: concrete floor w/ washer & dryer hookups: /whirlpool
washer and gas dryer will remain with house

1st Floor:
ENTRY WAY: 7’6” x 11’, vinyl square floor covering, ceiling light, closet
KITCHEN: 10’ x 14’6”, oak panel cabinets, GE electric stove w/ exhaust fan, Maytag
dishwasher (old) and refrigerator, vinyl square flooring, formica countertops
DINING ROOM: 13’ x 14’, carpet flooring, ceiling chandelier
LIVING ROOM: 14’ x 20’, carpet flooring, fireplace (show), closet
DEN/OFFICE/BEDROOM: 9’6” x 9’, carpet
1/2 BATHROOM: 3’ x 8’, toilet, sink
SUNPORCH: 8’ x 23’, ceiling lights
2 nd Floor: 2 built in wood storage cabinets in landing/hallway, carpeted, stairs too
FULL BATHROOM: 9’ x 9’6”, vinyl flooring, double vanity, garden tub, toilet
1 ST BEDROOM: 13’x 15’, carpet, fireplace w/ gas insert, 4’ x 4’ walk in closet
2 nd BEDROOM: 13’ x 13’, carpet, large closet
3 rd BEDROOM: 10’ x 13’, carpet, small closet

LOT # 2: To be sold seperatley 

Vacant Land: All of Section 114.00 Block 3 Lot 20
Approximately 4.5 +/- acres of vacant land with approx. 222’ road frontage on
Christy Road.