Auction Parcel: Approximately .9 +/- acres of with approx. 231' road frontage on East Main Road with a house and retail/commercial pole building. Zoned Commercial. (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. 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. There are 2 septic systems on this property, one for each structure. (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 a deposit of $ 5,000.00 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 17, 2019. POSSESSION will be granted 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. 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 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: Mitchell J and Margaret M Fitzgibbon 6928 Quillam Road Westfield, New York 14787 ATTORNEY: Dana Lundberg (716) 664-2346 202 West Fourth Street Jamestown, New York 14701 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 By checking the box next to the 'Submit Registration' button, you hereby represent that you have read, understood, and accepted the terms and conditions of this user agreement and all agreements incorporated by reference: REAL ESTATE AGENCY RELATIONSHIP DISCLOSURE AND ACKNOWLEDGMENT OF PROSPECTIVE PURCHASER FOR PROPERTY BEING SOLD AT AUCTION ON JULY 17, 2019 I HEREBY ACKNOWLEDGE THAT I UNDERSTAND THAT MICHAEL W. PETERSON, Auctioneer, Broker, and Owner of MIKE PETERSON AUCTION AND REALTY SERVICE, License Number 37PE0650308 Is employed by the SELLERS-MITCHELL J AND MARGARET M FITZGIBBON, to act as Sales Agent for property located at 7566 East Main Road, Town of Westfield, County of Chautauqua, State of New York, IDENTIFIED AS TAX PARCELS: SECTION 193.10 BLOCK 2 LOTS 5, 3.1, 7.1, And therefore they owe the SELLER the following fiduciary duties: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience, and a duty to account. In dealings with the PURCHASER(S), Seller's Agents are required to exercise reasonable skill and care in performance of the agents' duties; deal honestly, fairly, and in good faith, and disclose all facts known to the agents that materially affect the value or desirability of the property. HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AUCTION. I understand that the property is being sold "as is, where is", and that I am responsible for inspecting its physical condition and being familiar with any existing zoning regulations, leases, easements, rights of way, or other restrictions regarding its use, PRIOR TO THE AUCTION. A.) In order to participate in Mike Peterson Auction & Realty Service online auctions, users must register with Mike Peterson Auction & Realty Service by filling out a registration form. During the registration process the credit card you are putting on file will be charged $ 1.00 to verify that it is a valid credit card. This charge is nonrefundable and is the cost of registration to use the auction site. Upon approval of card and submission of the registration form, such user shall become a 'Registered User'. "Registered Users" agree that such information shall be (and kept) current, complete and accurate. Mike Peterson Auction & Realty Service reserves the right to disapprove, suspend or terminate User accounts for any reason, at it's sole discretion, and prohibit such User(s) from participating in the Services. B.) During the registration process, Users will select a 'Member ID', and password. Users are solely responsible in all aspects for all use of the login information provided by Mike Peterson Auction & Realty Service. Users agree to notify Mike Peterson Auction & Realty Service immediately of any unauthorized use of any Member ID or password, or any other breach of security regarding the Site. C.) Mike Peterson Auction & Realty Service is not responsible and shall not be held liable for interruptions or loss of internet connectivity, user errors or software issues, system failures of the bidder, or their internet provider, or due to unforeseen acts of nature. D.) Neither Mike Peterson Auction & Realty Service or any Seller make any warranties or representations of any kind or nature with respect to the property in the online auctions. When bids are accepted by the seller then All sales are final and no refunds will be issued. All merchandise is sold "as-is", with no warranty, written or implied. No warranty is made with respect to the accuracy of any information provided to bidders regarding auction items, provided in either written or image form, and bidders should rely solely on their own investigation and/or research of the item or items they place bids on. Descriptions and photographs provided in online auction listings are for bidder convenience only. We recommend that all potential bidders personally and physically inspect all auction merchandise, before bidding. E.) Once the system accepts your online bid, you have entered into a binding contract with Mike Peterson Auction & Realty Service, and are obligated to pay for your winning bid(s). By bidding, you are agreeing to be held personally liable for the bid amount, buyer's premium, and any other fees or applicable taxes specified in the item description. Bidders agree that bidding on the Site is the legal equivalent of a firm purchase order. Mike Peterson Auction & Realty Service reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidder's involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions and the terms and conditions of the auction involved. F.) By using this service, you agree that any dispute concerning an auction, any bid, use of the online auction service, or goods purchased shall be governed by and resolved in accordance with the laws of the State of New York, that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any claim, dispute or legal action concerning same shall be the New York State Supreme Court, County of Chautauqua . A proceeding commenced in any other jurisdiction or venue shall be immediately dismissed and/or transferred to the Chautauqua County Supreme Court. If you commence a claim or legal action in other than the Chautauqua County Supreme Court, then you agree to be liable for all attorney's fees, court costs and disbursements incurred by Mike Peterson Auction & Realty Service in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, including the buyer's premium, or any portion thereof, then you shall be liable for all attorney's fees, court costs and disbursements incurred by Mike Peterson Auction & Realty Service in attempting to collect the amounts due. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute or legal action between the parties to this Agreement shall not be recoverable by one party against the other. G.) Items not paid for within the required time period will be offered to the backup bidder(s) and/or re-listed in the online auctions. Mike Peterson Auction & Realty Service reserves the right to offer any merchandise that was not paid for to any qualified buyer in order to satisfy the needs of our selling clients. H.) Mike Peterson Auction & Realty Service does not transfer legal ownership of items from the Seller to the Buyer. The Buyer will become the Item's lawful owner upon physical receipt of the Item. Mike Peterson Auction & Realty Service shall not be responsible for dispute claims filed after an auction Item has been removed from the Seller's premises by the Buyer, the transportation company hired by the Buyer, or any and all other agents of the Buyer. I.) All items listed on www.petersonauction.com are sold 'Subject to Seller Approval' after the auctions close unless otherwise stated as being sold absolute to the highest bidder. Sellers that consign merchandise or Real Property to our auctions reserve the right to accept or decline bids after the auction has concluded. Members who are the high bidder on a specific lot or item will be notified of approval or decline of such bids and auctions they have participated in by email within 48 hours of close of the auction. J.) For payments made with cash, money order, wire-transfer or guaranteed funds, no buyer's premium will be added to the high bid price unless stated in the terms of an individual auction. A 3.5% convievce fee will be added to the high bid price for payments made with credit cards, debit cards, personal or business checks. Read the payment terms in each auction listing to see whether there is a buyer's premium charged. All buyers will be charged appropriate sales tax unless they provide a completed resale certificate or other appropriate tax-exempt documentation with their payment. K.) Mike Peterson Auction & Realty Service reserves the right to reject or void bids, whether winning or not, which it believes were not been made in good faith, or are intended to manipulate the auction process, or are prohibited by law. If Mike Peterson Auction & Realty Service determines that a Seller or someone associated with the Seller has bid on that Seller's own item (shill bidding). Mike Peterson Auction & Realty Service will ban the Seller from future use of Mike Peterson Auction & Realty Service, internet auction site. Cancel the involved transaction(s) and the Seller will be charged a Seller Default Penalty of a minimum of $ 1000.00 (one thousand dollars), or 20% of the high bid placed, whichever is greater. L.) Mike Peterson Auction & Realty Service reserves the right to withdraw, cancel, or postpone any auction listing at our discretion, and Mike Peterson Auction & Realty Service will have no liability to prospective bidders or Sellers as a result of any withdrawal, cancellation or postponement of any auction. M.) Mike Peterson Auction & Realty Service makes every effort to accurately describe real estate, vehicles and equipment using standard industry terms. Buyers must refer to the pictures contained in the auction listings to clarify their understanding of the specific item characteristics. Mike Peterson Auction & Realty Service cannot be responsible for misinterpretation or oversight by the Buyer. N.) Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies, terms and conditions. We also reserve the right to cancel accounts that have been inactive for over a one year period. O.) If any provision of this Agreement is held or determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Live Auction at 6pm with Web Cast Bidding PROPERTY DESCRIPTIONS Location: 7566 East Main Road, Westfield, New York 14787 TAX PARCELS: Section 193.10 Block 2 Lots 5, 3.1, 7.1 Deed Book 2019 Deed Page 2396 Date 3/28/2019 FULL MARKET VALUE: $ 105,263.00 TOTAL TAXES LOT 5: $ 5,461.60 County/Town $ 3,355.59 School $ 2,106.01 LOT 3.1: $ 123.27 County/Town $ 80.43 School: $ 42.84 LOT 7.1: $ 104.98 County/Town $ 79.78 School $ 25.20 SCHOOL DISTRICT: Westfield ALL MEASUREMENTS ARE APPROXIMATE LAND: LOT 5: .72 +/- acres with 225' of road frontage on East Main Road with a depth of 157'. Zoned Commercial. LOT 3.1: 200' long x 50' depth LOT 7.1: 31' of road frontage on East Main Road with a depth of 206' Office Building: (built 1999 w/ 825 sq ft living space) (ADA Handicap accessible) HEATING: Forced air electric furnace w/ central air ELECTRICAL: 200 amp w/ breakers, village electric SEPTIC: private WATER: village water and well currently not in use HOT WATER HEATER: 30 gln electric ROOF: shingle SIDING: vinyl INSULATION: Batts WINDOWS: Thermopane FOUNDATION/PARTIAL BASEMENT: block 17' x 16'5" SECURITY SYSTEM 1st Floor: (has washer & dryer hookups) FRONT ROOM: 12' X 17' KITCHEN: 10'5" x 12'5", wood cupboards BEDROOM: 9'5" x 12', carpeted w/ 4' x 4'5" closet FULL BATHROOM: 8'5" X 8'5" w/ 3'5" x 3'5" closet GARAGE: 16' x 25', 28' x 54' RETAIL POLE BUILDING: (built 2017) (ADA Handicap accessible) HEATING: Reznor natural gas furnace, electric Mitsubishi split- heat pump/air conditioner ELECTRICAL: 100 amp w/ breakers, village electric SEPTIC: private WATER: village HOT WATER HEATER: 20 gln electric ROOF: shingles SIDING: vinyl INSULATION: spray foam WINDOWS: thermopane FOUNDATION: block w/ crawl space BATHROOM: toilet & sink SECURITY SYSTEM SUBFLOOR NO FINISH COVER Both share outside LED lighting and paved parking lot. Both are ADA handicap accessible.