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DESCRIPTION OF CLYMER VILLAGE HOME

TO BE AUCTIONED MARCH 10, 2007

LOCATION: 8622 East Main Street, (NYS Rte. 474) Clymer, New York 14724. Village of Clymer, Town of Clymer, County of Chautauqua, State of New York.

TAX PARCEL NUMBER: Section 5 Block 1 Lot 15.1 (Old Number)

Section 429.15 Block 2 Lot 13 (New Number)

TAX ASSESSMENT: $48,000.00 Total. (Land - $7,100.00, Buildings - $40,900.00)

TAXES: $657.30 Total. (2007 Town & County Taxes - $657.30 with Veteran’s Exemption. Would have been $765.67 with no exemptions. 2006-2007 School Taxes - $0.00 with Enhanced STAR Exemption. Would have been $267.18 with Basic STAR Exemption, or $712.47 with no STAR Exemption.)

SCHOOL DISTRICT: Clymer Central School.

LAND: 85 feet of frontage on the north side of East Main Street (NYS Route 474) and a depth of 125 feet.

PRIVATE SEPTIC SYSTEM. VILLAGE WATER. LIGHT DISTRICT.

NATIONAL FUEL GAS NATIONAL GRID ELECTRIC

WINDSTREAM TELEPHONE. TIME WARNER TV CABLE.

HOUSE DESCRIPTION:

TYPE: Part is two story, part is one story. Wood frame. Partial basement, under one story section, with concrete floor and concrete block walls.Vinyl siding. Asphalt shingle roof, replaced on one story section two years ago. .

AGE: Two story section originally built 1897. One story section built 1979.

SIZE: 1,464 sq. ft. (1,080 sq.ft. downstairs, 384 sq.ft. upstairs).

HEATING: Gas forced air furnace. Gas water heater new 2004. Also has electric baseboards in some rooms. National Fuel Gas.

ELECTRIC: 200 amps. Circuit Breakers. National Grid.

WATER: Village water. Bill based on use, twice a year.

INTERIOR ROOMS:

KITCHEN: 9‘x 13‘. Vinyl floor covering. Appliances remain. Refrigerator is 2 years old. Stove is 5 years old. Built-in dishwasher does not work. Two windows. Door to garage.

DINING ROOM: 12‘x 14‘. WW carpeting. Textured ceiling. Big window. Front door.

LIVING ROOM: 16’x 23’6”. WW carpeting. Textured ceiling. Paneled walls. Stone fireplace with raised hearth. Was woodburning, presently converted to gas.

BEDROOM: 12’x 12’ plus 3 closets. WW carpeting. 1 wall paneled.

BATH: 5’x 5’. Shower, sink, toilet. Adjoins bedroom.

BATH: 6’x 7’. Vinyl tile floor. Shower, sink, toilet, cupboard. All new last year. Handicapped accessible. “Pocket” door.

HALL: 3’x 8’. Vinyl floor.

LAUNDRY: 5’x 9’ plus 4’x 7’ basement stairs. Vinyl floor. Cupboard. Door to garage.

UPSTAIRS FRONT BEDROOM: 11‘6“x 15‘ plus closet. WW carpeting.

UPSTAIRS BACK BEDROOM: 8’x 15’ plus closet. Textured ceiling. Paneled walls.

WW carpeting.

STAIRS and HALL: 7’6”x 12’

ATTACHED GARAGE: 16’x 24’. Concrete floor. Automatic door opener. Shelves. Workbench.

DECK: 10’6”x 16’. On east side of garage.

TERMS AND CONDITIONS OF AUCTION

REAL PROPERTY LOCATED AT 8622 EAST MAIN STREET, (NYS RTE. 474)

TOWN OF CLYMER, CHAUTAUQUA COUNTY, NEW YORK STATE,

IDENTIFIED AS TAX PARCEL:

SECTION 5 BLOCK 1 LOT 15.1 (Old Number)

SECTION 429.15 BLOCK 2 LOT 13 (New Number)

WILL BE OFFERED FOR SALE AT PUBLIC AUCTION

ON SATURDAY, MARCH 10, 2007. BIDDING TO BEGIN AT 2:00 P.M..

1. This property will be sold “AS IS, WHERE IS”, with no guarantees or warranties of any sort, either actual or implied, including but not limited to electrical, plumbing, heating, septic system, water system, interior and exterior of all buildings, any fixtures, and the land.

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 survey is desired by the Purchaser, it will be completed before closing, to be paid for by the Purchaser.

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 is subject to the approval of the Seller, who reserves the right to accept or reject any and all bids. The Seller will make the decision at the auction.

5. The successful high bidder will immediately sign a Contract For Sale of Real Property and will place TEN PER CENT (10%) of the bid in the form of cash or good check with Nye Hill Realty, to be held in their escrow account until closing.

6. The deposit will NOT be refunded to the Buyer, and will be forfeited to the Seller, if the sale is not completed due to the default of the Buyer for any reason.

7. The deposit WILL be refunded in full to the Buyer 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 April 10, 2007, and POSSESSION will be granted to the Buyer at closing.

9. The Seller shall furnish a WARRANTY 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.

10. CLOSING COSTS - The Seller will pay for the Title Search update, Revenue Stamps, and TP Filing Fee. The Purchaser will pay Deed Recording Fee, and RPS5217 Filing Fee. Each will pay own attorney fees.

11. PROPERTY TAXES will be PRORATED as of the CLOSING DATE.

12. Margaret T. Nyweide, John J. Nyweide, and Michael W. Peterson are acting only as Sales Agents for the Seller.

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

SELLERS AND SALES AGENTS ARE NOT RESPONSIBLE FOR ANY ACCIDENTS, SHOULD THEY OCCUR BEFORE, DURING, AFTER, OR BECAUSE OF THE AUCTION.

SELLER: Howard E. Rhebergen and Gladys L. Rhebergen

Curtis D. Rhebergen, Power of Attorney

ATTORNEY: Crandall G. Nyweide

562 Clymer-Sherman Road, P.O. Box 369

Clymer, New York 14724

Telephone: 716-355-2740 Fax: 716-355-6167

BROKER: Margaret T. Nyweide and John J. Nyweide, Nye Hill Realty

8163 Brownell Road, Clymer, New York 14724