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HomeMy WebLinkAboutRich, Franklin Overton JOSHUA Y. HORTON GREGORY F. YAKABOSKI Supervisor TOWN ATTORNEY Town Hall, 53095 Route 25 P.O. Box 1179 KATHLEEN MURRAY Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY Telephone (631) 765-1939 e-mail: greg.yakaboski@town.southold.ny.us PATRICIA A, FINNEGAN kathleen.murray@town.southold.ny.us ASSISTANT TOWN ATTORNEY patricia.finnegan@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney December 30, 2002 FRANKLIN OVERTON RICH to TOWN OF SOUTHOLD SCTM #1000-74-5-6 Open Space Betty: Enclosed for safekeeping in your office, please find the following documents in relation to the above closing that was held on December 10, 1998: · Original Bargain & Sale Deed dated December 10, 1998, recorded in the Suffolk County Clerk's office in Liber 11936 at page 96, on December 24, 1998, · Original Title Insurance Policy #70982749 issued by Commonwealth Title Insurance Company in the amount of $200,000.00 Thank you. G reg /md encs. cc: Melissa Spiro, Land Preservation Coordinator w/encs. Standard N.Y,S.L.T./<: Form 8G~7 - Page I 10 0 Corn: 74 sm:no~: Bargain & Sale Deed, will~ Cgvenant against Gmntor's Acts ndiv~l[? or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Franklin Overton Rich 146 Cove Road Stonington, CT 06378 BETWEEN day of December , nineteen ninety-eight party ofthefirstpart, and Town of Southold 53095 Main Road Southold, I~ 11971 party of the second'part, WlTNESSETH, that the party of the first part, in considemtion of Two Hundred Thousand and 00/100 ($200,000 · 00) dollars lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO a part of BEING AND INTENDED TO BE/the same premises conveyed by Deed dated 6/1/78 and recorded on 9/6/78 in Liber 8492 cp. 142 and by Deed dated 7/13/74, recorded 7/17/74 in Liber 7676 cp 216, re-recorded in Liber 7688 cp 576 in the Suffolk County Clerk's Office. File No. 70982749 SCHEDULE A AMENDED 12/7/98 ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffc k and State of New York, being a descriptive parcel of land, bounded and described as follows: BEGINNING at a point on the westerly line of Peconic~Lane, 316.96 feet (316.35 survey), (316.94 deed) southerly along said westerly line from land of Long ]:sland Railroad Company, said point of beginning being the southeasterly corner of land formerly of Grathwohl now or formerly of ]ohnsen; from said point of beginning; RUNNING along said westerly line of Peconic Lane, South 30 degrees 03 minutes 20 seconds East 423.78 feet; THENCE along land of Mazzei, South 59 degrees 43 minutes West, 886.39 feet to land of Catalano & others; THENCE along said land, North 33 degrees 47 minutes West, 739.96 feet to said'land of Long Island Rail road Company; THENCE along said land, North 59 degrees 37 minutes 40 seconds East, 712.81 feet; THENCE along land of Howell, South 30 degrees 10 minutes 20 seconds East, 213.33 feet; THENCE along said land formerly of Grathwohl, now or formerly of ]ohnsen the following two (2) courses and distances: 1. South 30 degrees 16 minutes 20 seconds East 101.47 feet; 2. North 60 degrees 01 minutes 40 seconds East 220.89 feet to the westerly side of Peconic Lane, the point of BEGINNING. ?or conveyancing only, if intended to be conveyed. Together with all right, title and interest of, in and to any streets and roads abutting the above described premises, to the center line thereof. Date Printed December 7, :~998 TOGETHER with all right, title and interest, if any~ of the party of the first part in and to any streets and roads abutting the above described premises to the center liras thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so reqmres. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~ranklin Ove~to~ ~ch Z1930',;096 STATE O1~ NEW YORK, COUNTY OF SUFFOLK SS: On the ]~ ]Tday of December , 19 before me personally came Franklin Overton Rich STATE OF NEW YORK, COUNTY OF On the day .of before me personally came to me known to be the individual desbrib.e~d in and who executed the foregoing instrument, and acknowledged that he executed the same. ~o~ry Public, Stato of Now York ~o, 5~-~t 25~50, Suffolk Coum¥ _.. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. SS: · 19 ,, / to me known to be the individual described in and who exe~uted the foregoing insmLmem, and acknowledged that / executed the same. 'x STATE OF NEW YORK, COUNTY OF] On the day of personally came / to me known, who, being by me duly swpm, that he resides at No. ~· thal he is the I SS: 19 , before me did depose and say of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. WIT. COVENANT AGAINST GRANTOR'S ACTS TITLE NO. Franklin Overton Rich TO Town of Southold STANDARD FORM OF NEW YORK STATE LAND TILE ASSN. OFidelity National Title 1NSURANL~E COMPANY OF NEW YORK SEC~ON 074.00 BLOCK 05.00 LOT 006,000 COUNTY CIlllRIlCtI~lr~{ Suffolk Recorded At Request of Fidelity National Title RETURN BY MAIL TO: Gregory F. Yakaboski, Esq. 53095 Main Road P.O. Box 1179 Southold, NY 11971 Zip Nc Number of pages REAL ES t A, ~ TRANSFER ~AX Ce~fi~ ~ ~ ~d / Mo~e Ins~ent ~d / Mo~a~ T~ S~p R~or~ng / Fffing S~ps ~ge / Fi~ng F~ / ~ Mo~gage ~t. ~dl~g ~. 1. B~ic T~ ~-5~ ,~ · 2. Ad,done T~ No.don Sub Total 5 ,u To EA-5217 (S~te) · -- S~./Add. R.P.T.S.A. /5~ ~~, TOT. ~G. T~ Du~ To~ D~ Cou~ Comm. of Ed. 5 . ~ ~ Held for Ap~onme~ ~fi~t ~ , Tr~sfer T~ ~ J . Ce~ Copy ~sion T~ ~e ~o~ cover~ by ~s mo~gage is ~ Reg. Copy ]~ ~ ~ will be improved by a one or two family Sub To~~ ~ . dwel~ng only. G~D TOTAL If NO, ~ a~mpfia~ m c~u~ on page g ' of ~is ~s~ent. ~ Real ~peay T~ SPlice Agency Ve~cafion ?~ Title Company Informtion  Dist. Section Block ~t Co~onwealth Land T~tle Insurance Compan~ 1000 074.00 05.00 006. 000 Comply Nme .I~ '~fle Nm~r ~ - E PAID BY: / ~ommonwoalth Land C~h ~eck -' ' ~e Yitle Inouran~e Company Payer sine as R & R (or if diffemn0 1777 - 6 Veterans Memorial Highway Islandia, New York 11722 [ss: a~co~ ~ ~ TO ~;~ (A~SS) ~?:~Suffolk County Recording & Endorsement Page ~s page fores pm of ~e a~ch~ Deed made by: (SPE~ ~E OF INS~U~ Franklin 0verton R~ch ~e promises hem~ is situated ~ S~OLK COU~Y, ~W YORK. TO ~ ~e Towm~p of Southoid To~ of Southoid ~ ~e ~LAGE or H~ of Peeon~c BO~S 5 T~U 9 ~ST BE TYPED OR PROD ~ BLACK ~K O~Y P~OR TO ~CO~ING OR F~G. ISSUED BY COMMONWEAL~-I LAND TITLE INSURANCE COMPANY Commonwealth OWNER'S POLICY OF TITLE INSHRANCE ~ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein cailed the Company, insures, as of Date of Po/icy shown in Schedule A, against loss or damage, uot exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by tl~e insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4~ Lack of a right of access to and from the land. The Company will also pay thc costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corpora[e name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY ~ Secretary President Attest: EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' gees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulatinn (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, diniensinns or incation of any improve- ment now or hereagtar erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not cxcinded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or enenmbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights o£ eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or in~erest insured by this policy being deemed a preferentiai transfer except where the preferentai transfer results from the failure: (i) to timely record the instrument of transfer; or · (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL Valid Only If Schedules A and B and Cover Are Attached CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (al "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, th~se who succeed to the interest of the named insured by operation of law as: distinguished from purchase including, but not limited to heirs dis[ribute~s devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (bi "insured claimant": an insured claiming loss or damage. lc) "knowledge" or "known": actual knowledge, not constructive k~wledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which itnpart constructive notice of matters affect'ng the land. id) "land": the land described or referred to in Schedule A, and in~provements affixed thereto which by law constitute real property. The tei'in "land" does not include any property beyond the lines of the area d~cribed or referred to in Schedule A, nor any right , title, interest, estate or :easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (,el "mortgage": mortgage, deed of trust, trust deed. or other security instrument. ~f) "public records": records established under state statutes at Date of Pblicy for the purpose of imparting constructive notice of matters relating tolreal property to purchasers for value and without knowledge. With red, peet to Section l(a) (iv) of the Exclusions From Coverage, "public r~ords" shall also include environmental protection liens filed in the r~ords of the clerk of the United States district court for the district in wi/ich the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would e//fitle a purchaser of the estate or interest described in Schedule A to be r~l~ased from the obligation to purchase by virtue of a contractual c;~'tdttton requiring the delivery of marketable t'tle 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. .:;The coverage of this policy shall continue in force as of Date of Policy in tabor of an insured only so long as the insured retains an estate or interesl tn the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the tnsured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either li) an estate or interest in the land_ or (i~t an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in wrmng ti in case of any litigation as set forth in Section 4Ia} below, till in case knowledge shall come to an insured hereunder of any claim of title or ~nterest which is adverse to the title to the estate or interest_ as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii] if title to the estate or tnterest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as m the insured all liability of the Company shall terminate with regard to the matter or mauers ['or which prompt notice is required: provided. however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be Prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. tat Upon written request by the insured and subject to the opuons contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide ['or the defense of an insured in litigation in which any third party asserts a clatm adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable ['or and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (bi The Company shall have the right, at ~ts own cost. to institute and prosecute any actton or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of this p~icy, whether or not il shall be liable hereunder, and shall nol thereby concede liability or waive any provision of this policj. If the Company shall exerco'se its rights under this paragraph, it shall do so diligently. lc) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretiom to appeal from any adverse judgment or order. id) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the, name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (il in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be [`urnished to the Company within 90 days after the insured claimant shall ascertain the facts givtng rise to the loss or damage. The proof of loss or damage shall describe the defect in. or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate_ including any liability or obliganon to defend, prosecute, or continue any litigation, with regard rs the matter or matters reqmring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examinauon, inspection and copying, at such reasonable ttmes and places as may be designated by any authorized representattve of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage, Further. if requested by any authorized representative of the Company . the insured claimant shall gram its permisston, in writing, for any authorized representauve of the Company rs examine .tnspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party~ which reasonably pertatn to the loss or damage. All information designatedas confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed rs others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission rs secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this polic3 as to that clatm. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following options: la]To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the nme of paymam or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigauon and the policy shall be surrendered to the Company for cancellation. (bi To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (il rs pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred b~ the insured clmmant which were authorized by the Company up to time of payment and which the Company ts obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of pa3 ment and which the Company is obligated to pay. Upon the exercise by the Company of either of the opuons provided for in paragraphs (bi(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligatio.~ffto defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover CONTROL NO, ~' ~ ~ - Common w e a[ Amount of Insurance: $200,000.00 Date of Policy: 12/10/98 1, a SCHEDULE A Policy/File No.: 70982749 Name of Insured: TOWN OF SOUTHOLD The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: Fee Simple Title to the estate or interest in the land is vested in: Deed made by FRANKLIN OVERTON RICH to the INSURED dated 12/10/98 and recorded 12/24/98 in tiber 11936 page 096 in the Office of the Clerk of the County of Suffolk. The land referred to in this policy is described on the annexed schedule. Countersigned: ALTA Owner's Policy Authorized Officer or Agent Policy/File No. 709'82749 SCHEDULE A AMENDED 12/7/98 ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being a descriptive parcel of land, bounded and described as follows: BEGINNING at a point on the westerly line of Peconic Lane, 316.96 feet (316.35 survey), (316.94 deed) southerly along said westerly line from land of Long Island Railroad Company, said point of beginning being the southeasterly corner of land formerly of Grathwohl now or formerly of.lohnsen; from said point of beginning; RUNNING along said westerly line of Peconic Lane, South 30 degrees 03 minutes 20 seconds East 423.78 feet; THENCE along land of Mazzei, South 59 degrees 43 minutes West, 886.39 feet to land of Catalano & others; THENCE along said land, North 33 degrees 47 minutes West, 739.96 feet to said land of Long Island Railroad Company; THENCE along said [and, North 59 degrees 37 minutes 40 seconds East, 712.81 feet; THENCE along [and of Howell, South 30 degrees 10 minutes 20 seconds East, 213.33 feet; THENCE along said land formerly of Grathwohl, now or formerly of ]ohnsen the following two (2) courses and distances: 1. South 30 degrees 16 minutes 20 seconds East 101.47 feet; 2. North 60 degrees 01 minutes 40 seconds East 220.89 feet to the westerly side of Peconic Lane, the point of BEGINNING. ALTA Owner's Policy Schedule A - Description Policy/File No. 70982749 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Corn pany excepts all unpaid water charges, sewer charges, street charges, frontage charges or pending certiorari proceedings, and does not make searches for same. Electric agreement recorded in Liber 1317 cp 321. Survey made by John C. Ehlers, L.S. dated 11/20/98 shows vacant land. (a) Lawn, on premises adjoining on the north, extends onto premises herein by as much as 13 feet. (b) Overhead wires traversing the southeast corner of premises (c) Hedge along part of the southerly line, ALTA Owner's Policy Schedule B Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) Attached to and made a ;)art of Policy Number: 70982749 1. Insuring provision Number 7 is deleted and the following is substituted: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of the policy: "Id) Tf the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement is made a part of the policy and is subject to all terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any of prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the amount of insurance. Dated: 12/10/98 Countersigned: Standard New York Fndorsement (9/1/93) For Use With ^lta Owner's Policy (10/17/92) CONDITIONS AND STIPULATIONS 7. DETER MINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary' loss or 'damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or. (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect_ lien or encumbrance insured against by this policy. (b} In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insUred estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Panount of Insurance stated in Schedule A, then this Policy is subject tc the following: 0) where no subsequem improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount o~' insurance at Date of Policy bears to the total value of the insured estate oi', interest'at Date of Policy: or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of thel Amount of Insurance stated in Schedule A and the amount expended for the improvement. The lgrovisi0ns of:this.paragraph shall not apply to costs, attorneys' fees and expenses fQ~ which the Company is liable under this policy, and shall only apply 1~o 'that portion of any loss which exceeds, in the aggregate, 10 pereenf of the AmoUnt of Insurance stated in Schedule A. (el The Company wiq pay ovlv those costs, attorneys' fees and expenses incurred i~: :lycra'th'ncc ',~ it h' S,x'ii'o, ¢ of these Conditions and Stipulations. 8. APPORTIONMENT. fl' Iht ;and de,cHbm: in Schedule A consists of two or more parcels ~llk';~ arc f.i,I n.¢d 1~. a -i!l!!l~.' nile. ;u'd a lo~s is established affecting one or trane o1' thc i~;u'~x'l~ btu m~i ;111. Ihe h!~s §hail be: computed and settled on a pro i';H;i ;1~ to Ibc xah!e on ))al,' nj' Policy of each separate parcel to the W~lolc. cxeluqxc o[ ;ll:~ :lnlart~lclnel'ln made subsequent to Date of Policy, unless g habthty Or volnc has otherwise been agi'eed upon as .to each parcel by th~. Corffpany an& thc insured at the time of the issuance'of this policy and shown ',bY a~n eXpress statement or by an endorsement attached to this policyr 9. LIMITATION 'OF~LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or ehcumbra¢ce, or cures the lack of a right of access to or from the land, or cures tl~e Claim of unmarketability of title, ail as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom it shall have fully performed its obligations With ~esptc['to that matter and shall not be liable for any loss or damage caused thereby. (b) In the ev~nI of any ht~gatmn, tncludmg lit~gatton by the Company or with. thc :Compan2's consent, the Company shall have no liability for loss or damgge unlit~therc has been a final determination by a court of competent ju~sdi~tioli, and disPOsition of all appeals therefrom, adverse to thc title as iiisured. (c) The Company~ shall not be liable for loss or damage to any insured for liability YPluntarilv assumed by the insured in settling any claim or suit w~thout the pnor,wrt~cn consent of the Company. 10. REB, UCTtO~N OF INSURANCE; REDUCTION on TERMINATION OF LIAi~ILIYY. All payments under this policy, except payments made for costs, attorney~' fe~ aixd expenses, shall reduce the amount of thc insurance pro lento. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mod. gage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which rs hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner~ 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. NM 1 PA 10 ALTA Owner's Poliuy (104 7-92) Form 1190-3 Cover'Page ORIGINAL (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lo~s,or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of ~ubrogation shall vest in the Company unaffected by. any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to ~perfeet this right of subrogation. The insured claimant shall permit the uompany to sue. compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated [o these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. Co) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors Shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies Of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this poli~y. 14. ARBITRATION Unless prohibited by applicable law, dtther the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matte?s may include. but are not limited to. any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the brea~h of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1.000.000 or less shall be arbitrated at the opffon of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1.000.000 shall be arbitrated only When agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the .land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endomcments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatoE~ of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. Ali notices required to be given the Company and any statement in writing reqtfired to be furnished the Company shall include the number of this policy and shah be addressed to Commonwealth Land Tire Insurance Company, Eight Penn Center. Philadelphia, Pennsylvania 19103-2198. Valid Only If Face Page. Schedules A and B Are Attached ~.mm ~zo ~m ~o 1000-74-5-6 BaSeline Documentation 2~$~.i~ic Lane Peconic, New York 13.85 acres ~' Op~'Space Acquisition (JEAN W. COCHRAN PARK) FRANKLIN OVERTON RICH to TOWNOF SOUTHOLD 10, 1998 ,~mber 24, 1998 SCTM # This is a duplicate copy of a Baseline Documentation report completed on There may come a time after this date that additional pages are inserted in the original Baseline Documentation report that is on file in the Town of Southold - Land Preservation Department. All efforts will be made to keep this copy updated as well. SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Zoned: Existing Improvements: 1000-74-5-6 2405 Peconic Lane Peconic $200,000.00 Serial Bond Yes 13.85 acres R-80 In November 1998 - (as per survey) fallow field A. Description of the Site The subject property is located on the west side of Peconic Lane in Peconic, New York. It runs westerly along land of Mazzei; then north along land of B & J Realty; then easterly along the L.I. Railroad tracks; south along land of Blackburn then east to Peconic Lane. It is an irregular shape, somewhat resembling a square. There are slight variations in topography. The view varies from residential to vacant land to storage buildings along the raikoad tracks. The site can be subdivided under the current zoning into residential parcels. It can also accommodate retail, office and service ts'pe businesses. At time of inspection, no improvements were noted. It is not in a flood zone. The National Flood Insurance Program indicates a Zone C classification on Map #360813 0091 E, revised August 16th, 1993. Site. dimensions as shown on the Suffolk Count5' Tax Map are: 420'x 966'x 746'x 748'x 3 I4'x 220'. Access to subject property is from Peconic Lane. Peconic Lane is a concrete road and publicly maintained. There are sidewalks and street lights. Public utilities such as electric, telephone and cable are available. Private water and septic systems are common in the area. The soils are vary from HaA, HaB - haven lomn with 0 to 2% slopes to RdA, B and C - good to ver3' stony, containing many large stones and boulders. These soils are well suited to a mixed use including crops commonly grown in the area and because of the nearly level slope and ease of excavation, are also suitable for housing developments. 6 P R 0 P E R T Y V I S U A L S Part 4. SUBJECT LOOKING NORTH SUBJECT LOOKING SOUTH 19 ~ " >"~-, ' '~ ' SUBJECT ', '1 - ~.- - LOOKING EAST SUBJI'2CT LOOKING WEST 2O SUBJECT STREET 21 Road Neck LEGEND ~ ~tr~et. Scale 1:62,500 (at centen /, Mag 13.00 Mon Feb 16 09:28'52, 199 .-/ / .' / ,,/ S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Ha]], 53095 Main Road P.O. Box 1179 Southold, New York .11971 Fax (516) 765-1823 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JULY 21. 1998: WHEREAS, The Town of Southold is considering the purchase of a parcel of property from Franklin Rich for public park purposes, which property is located on the west side of Peconic Lane known as Suffolk County Tax Map No. 1000-74-5-6 and is approximately 13.58 a~res; and WHEREAS, the above described action is required to be subject to an environmental review pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6 NYCRR Part 617 et seq., and Chapter u,u, of the code of the Town of Southold; Now,therefore, be it RESOLVED that pursuant to SEQRA this action is an Unlisted Action; and be it FURTHER RESOLVED that the Town of Southold has conducted an uncoordinated review of this unlisted action and completed and reviewed a Short Environmental Assessment; and be it FURTHER RESOLVED AND CONCLUDED, that the above described action will not have a significant adverse impact on the environment and the Town Board pursuant to SEQRA hereby issues a "negative declaration" with respect to the above described action. Southold Town Clerk July 22, 1998 B O N D P U R C H A S E R E S O L U T I O N 1B.-Moved bY. Coun¢l~l..w0man HUssle, seconded by Supervisor Cochran, . ~".' '~0ND .P~ESO'LUTION'OF THE TOWN OF SOUTUOLD, YORK, .ADOPTED JULY 21, 1998, AUTHORING THE .~CQU!SlTION OF THE CERTAIN PIECE OR PARCEl LAND.: CONTAINING 13.85 ACRES, MORE OR 'LESS; iSJTUATE 'ON THE WEST SIDE OF PECONIC LANE, ~ME ~I'OWlN'OF SOUTHOLD',' AT THE ESTIMATED ~IMUM COST' OF $2!0,000; INCLUDING pRELiMINARY COSTS AND COSTS INCIDENTAL .T~iERETD TO THE. FINANCING THEREOF IN THE ~0~1¥ OF $10,000., SAID LAND' TO BE USED FO ipU.,BL}C.iFARK PURPOSES; APPROXIMATING.S210,01 TBERIEFOR AND AUTHORIZING THE ISSUANCE OF ,}',,2~.0,~O~e~" '" SERIAL BONDS O1: SAID TOWN.TO FINAN ~ID ,~gPROPRIATIONS. ' ~ TOTP~ ~,O.~q.D 0];' ~ TOT'~T OF $OU"~OLD, TN T~ SUFFOLK, NEW :YORK, HEREBY REsoLvEs .(by the favorable less than two~th~rds .of 'all the members of said Town FOLLOWS: Section 1. The Town of $outhold, in the Cou Suffolk, New York (herein called "Town"), is hereby ak acquire by purchase, the certain piece or parcel of 1~ NEW OF IN ~E E COUNTY OF ore of not oard) AS ty of .thorized to nd containing 13.85 acres, more or less, situate on the west side of Peconic Lane, in the Town of Southold, said piece or parcel of land being described on the Suffolk County Tax Map as 1000-74-5- 6, said land, when acquired, to be used for public park purposes. The estimated maximum cost Of said specific object or P~rposs is $210,000, including preliminary costs and costs 'incidental thereto a~d to the ~inancing thereof in the amo'~h~ of $10,000, and the said amount of $210,000 is hereby appropriated therefor. The plan of financing inc.ludes the issuance of $210,~00 ser'ial bonds of the Town to finance ~aid .appropriati~n, and the levy and collection of taxes .on all the 'taxable real property in the.Town to pay the principal of said bonds and the interest thereon as the same shall becom~ due and payable. Ssctipn 2. Serial bonds of the Town in the prin¢ip~l amount of $210~000 are hereby ~uthorized to be issued pursuant to the ,provisions of the Local Finance Law, constituting. ChaPter 133- a of the Consolidated Laws of the.State of New York (herein called "Law"),' to finance said appropriation. Section ~. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose.for which the'S210,000 serial bonds authorized pursuant to this rasolution are to be issued, within the limitations Qf Section 11.00 a. 21 of the Law, is hereby determined to be thirty (30) years; however, ~he maturity of the bonds herein authorized shall not exceed five (5) years, (b) The proceeds Of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the ToWn for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foragoin~ statement of intent with respect to reimbursement is made in conformity ~ith Treasury Regulation Section ~.150-2 Of the United States ~reasury Department. (c) The Town Board acting in the role o~ the Lead A~ency, after ha~ing identified and considered the relevant areas o~ environmental concern associated with the acquisition of.said land authorized as hereinabove referred to in Section 1 (the "Project"), has i~sued a negative declaration for purposes of the JULY 21, 1998 State Environmental Quality Review Act ("SEQRA"), Article 8 of the New York Environmental Conservation Law, and has determined that the Project will not have a "significant effect" upon the environment, ar~ has satisfied the requirements imposed by SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as-prescribed by Section 52.00 of the Lawand said bonds and. any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or a~ount. The faith a_nd credit of the To~ are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and an~ notes 'in anticipation thereof to ~ature in such year and (b) the payment of interest-to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the adthorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 a~d Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes a~d prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and a~y other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond 428- JULY 21, 1998 anticipation notes,, and relative to executing contracts for credit enhancements and providing for s~bstan~ially level or declining annual, debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, .may be contested only if: (a) such obligations are authorized for an object or purpose for'which the Town is not authorized to expend money, or (b) the pzovisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit ~r proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authgrized 'in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and'the Town Clerk is hereby authorized and directed' to publish this bond resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law ihT h eT raveler ~ate/muu~ a newspaper published in Seut~al~, New York, having a general circulation in the Town and hereby designated the offlcial newspaper of the Town for such publication. 1 B. -Vote of the Town Board: Ayes: Councilman Murphy, Romanelll, Coun¢llwoma~ Hussle, Supervisor Cochran. Abstain: Moore. This resolution, was duly adopted. Councilman Councilman C O N T R A C T O F S A L E OJointly prq~cd by the Real Property Sa:ion of thc New York Ststc Bar Association, the New Yigk St,~ Land Titlc Association, thc Conunittec on Reel Propafiy Law of the Assenia6on of the Bar of the City of New York and thc Committee on Real Property L~w of thc New York County Lawyer--s Association WARNING: NO REPRBSENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SBCTION 5-702 OF THE GENERAL OBLIGATIONS LAW (~PLAIN LANGUAGB~ CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contn~t form docs not Igovidc fig what happens in the event of fire, or othcr casualty ~ or condemnation before thc title dosing. Unless different irtovbinn is mede in this contract, Section 5-1311 of the General Obligations Law will apply. One prat of that law makca a Pigchaaor reaponaiblc for fire and casualty loss upon taking possession of the Premises before thc title closing. Residential Contract of $~1¢ Contract Of Sale made as of ,1998 Franklin Overton Rich Addre~: 146 Cove Road, Stonington, CT 06378 Social Security Number/Fed. I.D. No(s): The Town of Seuthold Address: 53095 Main Road, South'old, NY 11971 Social Security Number / Fed I.D. No(s): BETWEEN hereinafter called 'Seller" and hereinafter called "Purchaser". The parties hereby agree as follows: 1. Premls~. Sellor shall ecll end convey end Purcha,~r shall purchas~ the properly, tngcthcr with all buildings and improvements thereon (collectively thc "Premisc~"), more fully deeefibcd on a scperetc page nmfl~d #sehcdulc A~, eoncxed hat~-to end made a pert hc~cof and also Stscct Add~ss:No # Poconic Lanc, Pcconic, NY 11958 Tax Map Designation: 1000-074.00-05.00-006.000 Tngcther with Seller's ownership end rights, if any, to land lying in thc bed ofeny street or highway, opened or pmpo~d, adjoining the Premises to thc center line thereof, including any fight of Seller to any unpaid award by reason of any taking by ooudemnafion and/ig for any damage to the l~mim by re.$aon of change of grade of any street or highway. Seller shall deliver at on additional cost to Puwhaser, at Closing (aa hereinafter defined), or thcS, on demand, any documents that Purcha~r may reasonably re~tuire for the conveyance of such title and thc assignment and collection of soch award or damagca. 3. Purchase Pri~. Thc purchase pdce is $200,000.00 payable aa follows: (a) on the ~igning of this contr$ct, by Pumha~,fs chenk payable to thc Eacrowce (u herinafter defined), mbject to anlk~ion, the receipt of which ia hcrt~by acknowledged, to be held in ¢sorow pursuant to paragraph 6 of this contract (the "Downpayment"): $1,000.00 Co) by allowancc for thc principal amount unpaid on the existing mortgage on the date ha~enf, payment of which Purehasor shall assumc by joiedcr in/the deed: Snooc (~ by a purchasc money notc and mortgage from Purch~cr to Seller: (d) balance at Closing in accordanoc with paraffraph 7: $199,000.00 4. Existing Mortgage. [Deleted] 5. Purchase Money Mortgage. IDeletedl. cooking switch shades ~ now attached or appurtenant to thc Prcmieca, unlcsa excluded below. Seller rcprcacnts and warrants that at Closing d for and owned by Seller, frec and clear of all liens end ¢ to which this ~lc may be ~ot limited to,plumbing,henting,lighting and i, mentcls, door mirrors, blinds,window h-eatments, window boxe~, mailbox, TV outdoor statua~, tool shod, dishwasher gsrbage ;r~zor~ conditioning equipment and installations, wall to wall carpating and bu'dtq'l~ot excluded below (;lrike o~ i. appiicM~l¢ items) TO THE EXTENT CURR;.NTL¥ EXIST ON TH~ SUBJECT PR£MIS~,,AND IN '*AS IS'* CONDiTiON. E~--"!'-'~--d- .cr-"m t~!-' --~ °~ ~"~;' ..... ,~ ~,~..~h~.4' ,',.~;~;-o,E,~ and VACANT LAND 6. Downpayment in ~.~crow. (a) Scllc?s attorney ("Escmwee") bum ~e ~t for ~llees ~unt ~nk ~ont at No.h Fork Bank ~uthol~ ~ncr tc~i~fion of~is ~n~t ~d s~l ~y ov~ ~cnt in a~n~ ~ ~c ~s or'ia ~ph. E~mw~ shall (noO ~le~ ~inapplicable) ~ld ~c ~ent M ~ in~at- ~ng a~unt fig ~c ~ncfit of ~ocfit of~c ~i~, it mh~} ~ ~d ~ent ~d ~e ~ ~ving ~e in~ shall ~y any in,me ~ tha~n. ~in~ ia not held fig ~ent ~l ~ p~ in ~i~ ~ ~ui~ ~ hw. Thc ~iM ~ufi~ ig F~ Menfifi~fien num~ of~c ~ ~l ~ fumiah~ m ~mw~ u~n ~mt. At Chang, ~e ~t ~l ~ ~d ~ ~ro~ ~ ~llcr. ~fig ~y ~n Cl~ing d~ not ~ur ~d el&er ~ ~v~ Nofi~ (~ dcfin~ in ~g~ph 25) m E~m~ d~ing ~ent of~c E~ww~ s~l givc ~mpt No~ to ~c o~ ~ of such domed, ff E~w~ ~a not ~vc Noti~ ofobj~fion f~m such o~er SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Peconic, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Peconic Lane, 316.96 feet southerly along said westerly line bom land of Long Island Railroad Company, said point of beginning being the south-easterly comer of land of Grathwohl, from said point of beginning running along said westerly line of Peeonic Lane, S.30 degrees 03 minutes 20 seconds E. - 423.78 feet; thence along land of Mazzei, S. 59 degrees 43 minutes W. - 886.39 feet to land of Catalano & others; thence along said land, N. 33 degrees 47 minutes W. - 739.96 feet to said land of Long Island Railroad Company; thence along said land, N. 59 degrees 37 minutes 40 seconds E. - 712.81 feet; thence along land of Howell, S. 30 degrees 10 minutes 20 seconds E. - 213.33 feet; thence along said land of Grathwohl, two courses: (1) S. 30 degrees 16 minutes 20 seconds E. - 101.47 feet; thence (2) N. 60 degrees 01 minutes 40 seconds E. - 220.89 feet to the point of beginning. Containing 13.851 acres. thc propos~ paymant within 10 buciness days a.~r the Fiving of such Noliuc, Escrowce is hamby authorized and directed to make such payment. If Eserow~ docs r~-ive such Notice of objsotion from such othar party to thc proposal paymant within such I0 day padod or if for any other reason Eserowce in good faith shall ¢luct not to make such payment, Esemw~ shall continuc to hold sonh amount until otherwise directed by Notice from the parties to this ucnttsot or a final, nonappeahble j udgmant, order or decree of a court. However, Eacmwce shall have the right at any thuc to d~poalt thc Downpaymant and the interest therann with the nlerk ora onurt in the ucuoty in which the Pmnises are located and shall Five Nogce of such dnlx~it to Seller and Ihuv, haser. Upon soch deposit or other dishursement in aecordauce with the terms of this para~ph, Eserowce shall be relieved and disehatgnd of all further obligations and responsibilities heronnder. (b) The patties soknowledge that, althon~h Esomwce is holding the Downpaymcot for Seller's a~onnt, for all other potgoses Eserowec is ecting solely as a stak~holdar at their zequcst and for their convenience and that E~rowce shall not be habie to either party for any sot or omission on its part unless taken or suffered in bad faith or in willful disregard of this ucnhuct or involving gross negligcouc on the part of Eserewce. Seller and Purehaser jointly and sevendly a~e to defend, indemnify and hold Es~owuc harmless from and against all costs, claims and expanses (in,hiding reasoucble nttorn~ fees) incmved in connection with the performance of Eserowce's duties hereunder, exucpt with raspect to solions er omissions taken or suffered by Eserowce in bad faith or in willful disregard of this contract or involving gross negligence on part of O Eserowce may act or refrain from soling in respect of any matter refened to harein in full reliance upon and with thc advice ofucunsel which may be selected by it (iucluding any member of its finn) and shall be fully protected in so acting or refraining from sotion upon the advice of such ucunsel. (d) Esemwce acknowledgas receipt of the Downpaymcot subject to uclleclion and Esomv~'s agreement to thn provisions of this paragraph by singing in the place indicated on thn signature paga of this ucntrsot. (e) Eserowec or any member of its finn shall be permitted to sot as ucunsel for Seller in any dispute as to the disbursement ofthn Downpaymant or for any other disputo between thc parties whether or not E~rowce is in possession of the Downpaymcot and ucntinucs to act as Es~xn~e. 7. Acceptable Funds. All money payable under this ucntra~t, unless otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00; (b) Good cerlifmt check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otl~rwise direct upon not less than 3 businnss days notice (by telephone or othctx~,ise) to Purchasor, ~ As to money other than thc purchase pduc payabln to Seller at CIo~mg, uncedified check of Purehasor up to the amount of $$00; and (d) As othatwire agreed to in writing by Seller or Seller's attorney. Pumhatm~'h~der a~ ucudihoned upon issuance on or before 45 days frmn ~e date Pu~tmlf~atturoey receives a fully executed copy of this contract of sale(the ~C~ni~ant Date') of a written commitment from any Institutional Lender pursoan~t~ such Institutional Lender agnes to make a first mortgaga loan, other thanT~Ak.,~k or other of title or date of comml~nent (whichever may be the policy of sucha commitmcnt and (0 appUcefion. Puroha~ oommitmcot (or of any mn ofat lesst 30 y~ts r cuatomaty ucmmilment tmma, wh~her or not ucndilional n appraisal ashafsotmy to the/n~itutinucl prompt appliea~on to an lnsfitulional furnish aucumte and ucmpic~ Purohaser and rucmb~a of Pumhasm's family, as ,ith ipplication with dili$coce, such lnalitutional Land~r to obtain such name and mada such such t and t theruc£ If such ucmmitment is net n the Commitment Dat~, then the requirements set forth above cancel this contract by giving r the Commitment Date, liabilities to, thc other by reason of this oontn~t forth in 9. Permitted Exceptions. The Premises are sold and shall be conveyed subject to: (e) Zoning and subdivision laws and rcgnlations, and landmark, historic or wetlands designation, provided thny arc not violated by thc c~,isgng buildings and improvemcota ~rected on I1~ property or their uso; (b) Consents for the erection of any stmcturas on, under or above any strceta on which the Premises abut; (¢) Encroachments of stoope, atess, cellar steps, trim and comic~, if any, upon any smut or highwa~ (d) Resl estate taxes that arc a lico, but are not y~t duc and payable; and (e) The other mattora, if uny, including a survey ~xccption, set fodh in a l~dcr attached. (0 Any state of facts an accurate survey my show provided that title is not rendered unmarketable thereby (Varintlons hatwcen fence, hedge and record linas of not more than lg inches shall be deemed not to render title unmarketable and purchaser shall accept such variations); and (g) Covenants, restrictions, and easements of record, if any, affecting the Premises, provided they do not prohibit the maintenance or present use of the existing structures. 10. Govermnental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements notcd or issued as of the date ber~of by any governmental depadmcot having authority as to lands, housing, buildings, fire, heslth, environmental ami labor conditions affecting the l~-mises. The Premises shall be conveyed free of tham at Closing. Seller shali fumlah Purchaser with any authorizations necessary to make the searches that could disclose these mattem. (b) (Delete if inapplicable) 11. Seller's Reprecentatiom. (a) Scllcr mprc~ants and warrants to Purchaser dmt: (i) Tbo Prcmlacs abot or bovc a fi~ht of acces~ to a publi~ road; (ii) Seller is the sclc owner of the l~mi~cs and baa full right, power and authority to sell, convey and transfer thc same in accordance with thc tanns of this contract; ('di) Seller is not a 'forcign pcrson", as flat term is dcfinod for porpcecs of thc Fo~i~n inve~aant in Rcel Prol~rty Tax Act, Intend Revenue Code ('IRC") Section 1~5, ~s amended, and the regulations promulgated dmeuuder (collectively ~RPTA"~, (iv) The Prcmsi~es are n~ affected by any exemption~ m abotomcnts of taxc~ amd (v) Seller has not bean known by any other name for thc past left years, (b) Seller covenants and warrants that all of thc rcprcs~tafious and wm~nfics ~et fo rth in this contact shall hc tree and cch'oct at Clesing. (o) F.~,ucpt as otborwi~ expressly set forth in this contract, none of ,Seller's covenants, rcprmantatinns, warranties or other obligations contained in this contract shall anrvive Closing. 12. Condition of Proporly. Purchaser acknolwedges and mprescnta that Purchaser is fully aware of the physical condition and state of repair of thc Prcmlae~ and of all other property included in this sale, boaaod on Purchaaer's own inspection and invcetigatiou and not upon any physical coudifiou, W~te of rcpair, usc, cost of operadou or any other matter related to thc Prcmisc~ or the other propcrty included in the salc, ~iven of madc by Scllar or its a'prcsentativcs, and shall accept thc same 'aa is" in their prc~'nt condition and ~tata of repair, ~ubjcct to reasonable dat~ of Chising (except as otha~.visc act foV& in paragraph 16(0), without any reduction in the purchesc price or claim of any kind for any change in ankh condition by rcaaou thereof subacqucnto to thc dato of this contract. Purchaser and its authofiz~ rcpr~antativ~ shall have th~ fight, at gaaouabla tings and upon rcesouable notice (by lelcpbone or otlgrwisc) to ,Seller, to imgect the ?,~i,;ga before CIo~ing. 13. Insurable Title. Sell~ shall give and P urchcs=r ~ accept such title aa any reputable title cmnpany doing business in Suffolk County, NY, shall be willing to approve and insure in accordance with it~ standard form of tide policy approved by thc New York State lnsuranco Department, subject only to the masers provided for in this contract. 14. Closing. Deed and Title. (a) 'Closing' moans thc sat~lcment of thc obligations of Seller and Purchascx to each other under this contract, including thc payment of thc purchase price to Seller, and thc delivery to Purchaser cfa Bargain and Sale Deed with covenanls against Grantor's acta in pmpar statutory short form for mcerd, duly cxccutad and ~knowlcdscd, m aa to convey to Pumhaser fcc simple tidc to thc F',.,,.iscs. free of all cncumlnances. ~-pt as otherwise hcrcin stated. The deed shall contain a covenant by Scller as rcqui~d by subd. 5; of Section 13 of fha Lien Law. Co) If Seller is a corporation, it shall deliver to Purchaacr at the time of Ck~sing (i) a rcsolution of its Board of Directors authorizing the sale and dalivc./of thc deed, and (ii) a certificate by thc Secretary of Assistant Sec~-t~ of thc corpomtioo certifying such rcaolutiou and setting forth facts showing that the transfer is in conformity with thc requirements of Section 909 of thc Business Corporation Law. Thc ~ in ~uch caze ~ contain a rccital sufficient to establish compliance with that Scction. 15. Closing Dale and Place.. Ckiain8 shall take place at tbo office of Patrleia C. Manre, ~q., 51020 Main Rd., Southold, NY on or about 30 days from the ps,age of a r~olutlon anthorbing thh purcha~ 16. Condltion~ to Ckning. This conlnmt and Purcbo.%-~s obligation to purchca¢ thc ~ a~ alan anbjuct to and couditiou~d upon thc fulfdlmcot ofth~ following oouditious prm~dant: (a) The accuracy, aa of thc date of Clewing, of thc ~.~rc~antabona and wammties of Se. ller mude in thia contract. (b) The dclivefy by Seller to Purcha~'r cfa valid and anbal~tin$ Ccrtificata of Oucupancy or other ngluircd certiflcata of compliance, or cvidcnoe dmt none was required, covm~n8 th~ buikling(s) and all of 11~ other improvemant~ lecetad on thc prop~y authodzin8 ~ ua~ aa a ono family dw~ltin8 at fl~ date of Cki~ for ~oning purpo~. In tha avenl that a current survey la required by the municipality in order to obtain said c~rtificale of uccuupancy or ~quivalent, it ~hall bo the r~ponalbllRy of tl~ purchax~r to provide such survey to the adler at the purchaser's ~ole coat and expenae~ in the ~v~nt of the inability of the adler to convey title pursuant to the lerm~ of the contract, the seller ~hall relmbur~ the purchaser for the hut of the a forementioued mrvey.. (c) Thc dalivery by Seller to Purchaser cfa duly ex~cuted and awom affidavit (in form prescribed by law) claiming ~r, empfiou of the sale contemplated hcrcby, if such be the ce~, under Article 31 -B of the Tax Law of the State of New York and thc R~ulatious promulgated thereunder, aa the same may be amended from time to time (collectively the "Cains Tax Law"); or if such sale shall not bo ax~.-mpt under th~ Gains Tax Law, Seller and Pumhaser agree to comply in a timely manner with thc requircmanta of thc Cndns Tax Law and, at Clewing. S~ller ~ deliver to Purchaser (i) an offichd ~tum abowin8 no tax duc, or (ii) an official ~tum aucompanied by a certified or offic'ud bank check drown on a N~v York State banking instito6on payable to the order of the Now York State Department of Taxation and Finance in thc amount oflt~ tax shown to be duc thc~cen. Seller shall (x) pay promptly any additioual tax that may becoma duc under the Cains Tax Law, together with into-eat and ponaltics therann, if any, which may be atme~mcd or become duc after Closing, and / or ~xeouted any other ducumenta that may he rcquimd in respect thercof, and (y) indemnify, dcfand and ~ave Purohimer hamd~ from and against any of the forrgoing and any damage, liability, coat or expense (including ranaonablc attorneys' fce~) which may be anffcrcd or incurred by Pumhaaer by rea~ou of thc nonpaymant thereof. The provisions of this subparagraph (c) shall survive Closing. (d) Thc delivery by Seller to Purcha~r cfa certificatiou stating that Seller is not a foreign parson, which certificatiou shall be in a form then r~quired by. FIRPTA. If Sellar fails to deliver thc aforc~d certification or if Purchaaer is not entided under FIRPTA to rely on such cetlificetiou, Pumhascr shall deduct and withhold from the pumha~ price a sum equal to 10% thineof (or any Ic~scr amount permi~d by law) and shall at Closing rcmii thc withheld amount with the required forms to the Internal Revenu Service. (c) Thc dclivo3~ of the Premium and all building(s) and impmvamcnta comprising a par1 thereof in broom clean condition, vacant and free of leaaes or tenancies, together with the keys to the Premium. (f) All phimbin$ (inoludin8 water supply and ~'pti~ ay~ma~, if any), heating, and air conditioning, if any, elec~ical and mechanical ~,atmns, equipment and machinery in the budding(s) located on the property being in working order as of thc date of Closing. 0(~) If tim Fi~iiii~ am s on~ or two tinnily house, ~liv~y by the parli~ at Cloalng of ~fidavits in complianea with slate and ~ hw requi~raants to the effect that there is ins~allad in thc Premises ~ smoke detccling alarm device or devices. (h) The delivery by Iht parties of any other affidavits required ns ~ eondilion of recording th~ d~xl. 17. Deed Transfer and Recording Tmxes. At Closing, eaCdfied or oflieiid bank cheeks payable to thc order of tho approp~fle State, City or County otTteer in the amount of any applicable transfer and / m reeon:ling lax payable by mason of the delivery or reeordin$ of the deed or moflgaga, ifany, shall be delive~d by the party required by law or by ~ contrnct to returns duly cxecutod and sworn to, and such party shah eaose any such checks and retoms to be delivered to the apprnpfiatc ofl'leor promptly after Closing. The obligation to pay any additional tax or de fh~cuey and any intes~t or panaltles thereon shall survive Closing. 18. Apporflomnent and Other Adjus~ents; Water MeteF ond luetalhnent Amesarnents. (a) To the ~.cnt applicable, the following shall be apportian~, of midnight of the day before thc day of Cloalng: (i) taxes, water cbargas and sewer rents, on the basis of thc ~,,,~1' lien year for which esseascd; (ii) fuel; (iii) intez~t on thc existing mortgaga; (iv) premiums on cxistin$ transferable iasumnea policies and renowals of those ,~T4ring prior to Closing; (v) vaold charges; (vi) rents es and when collected. (b) If Clesinl~ shall occur before a new tax rate is fixed, thc apportionment of taxes shall be upon thc basis of thc tax rate for thc immediately preceding riscal period appliosd to thc latest ~ (e) If thare is a water meter on thc Premises, Seller shall furnish a reading to a datc not more than 30 days before Closing and the unfixed meter charge and sewer rent, if any, shall be apportioned on the be.~s of such last reading. (d) If at tlg date of Closing the Premises are affected by an assessment which is or my become payable in annual inst,~limeats, and thc first installment is then n lien, or has ~ paid, then for the purposes of this eonh'a~ all the unpaid installments shall be paid by Seller at or prior to Ciaaing. (e) Any en'o~ or omissions ia computing apportionments or other adjoslngnts at Closing shall be corrected within a reasonable lime following Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes, etc. Seller has thc option to credit Pumhaser aa an adjustment to thc purchase price with the amount of any unpaid taxes, essessmants, wator cha~es and ~ rents, together with any interest and penalties thereon to a date not less than five business days ~ Closing, provided that offic;sal bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrnnce~ fiat Closing there arc other liens or encumbraneas that Seller is obligated to pay or discharEc, Seller may usc any poflion of the cash belanee of thc purchase pdos to pay or discharge them, provided Seller shall simuhaueously deliver to Purchaser at Closing instrnments in recordablc form and suflicic, nt to ntisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an altomative Seller may depo~fl suffgiont monies with the title insurance company arnployed by Pumhaser ,~eeeptebic to s~ad r~luired by it to assure their discharge, but only if thc title insurance company will insure Purchaser's title clear of the matlcra or insure agaiost their enforeemont cid of the Premises and will insure Purcbaset's lfutitotiomsl Lcnder clear of anoh mel~'s. Upon no6~ (by telephone or otharwise), ~ivan no~ k~s O~n 3 m days bofore Closing, Purchaser aludl provide sepm~te coflifiad or ofl'a~l bank checks es requested to assist in clearing up these matters. 21. Title Exandnation; Seller's Inability to Convey; Lbnltations of Lhbllity. (a) Puwha~ ~ o~ier an examination of title in n:spect of the Premises flora a litlc company liosnsed or anthorized to iasue litle insonmec by thc New York State hsuranea Deportment or any agant for such title company promptly nf~F tho execulion of this coati'act or, if this eontrnct is subject to the mortgage anntingeuey set forth in parngraph 8, shall cause a anpy of the title repofl and of any additions thereto to be delivered to the aflomc~s) for Seller promptly aflar receipt tharanf. (bX'0 If at the dato of Cloaing Seger is unable to trans~cF fi~ to Purchaser refusing to close, whethor by reeson of lions, eneumbram~s o~ oflgr objuetlons to title or otlg~vise 0grein colleafively eallad "Defcots"), other than theae subject to which Purehesor is obligated to _ _-,~_-pt_ title hereunder or which Purcbaser may have waived and othar than ~se which Seller has I'ggin c:q~ra~y agrcad to remove, remody or disehar~c and if Purebaser shall be unwilling to waive thc nme and to close thlc without abatement of thc purebase pdea, thon, exeap~ as horalna_~er set forth, Seller shall hve thc right, at Setl~s sole ch:etlon, either' to take such action as Seller mey deem edviesbl¢ to remove, rangdy, dischrga or comply with such Detects or to cancel this contract, (ii) if Selior alects to lake sotlon to remove, remedy or comply with such Defects, Seller shall be enthlad from time to lime, upon Noliea to Pumbaser, to adjourn thc date for Cloalng hcreuador for a pc~id or porloda not exeacding 60 days in thc a~'caate (but not cxtcoding beyond thc date upon which Purchaacr's moflgagc eammianant, if any, shall expire), and thc date for Closing shall be adjourned to a date spc~ied by Sellcr not beyond such period. If for any gasofl whatsovcvr, Seller shall not have succeeded in removing, remedying or ecmplying with such Defects at the expl~ttlon of such edjournment(s), and if Porobasor shall still be unwilling to waive sang and to cloac title without abatement of the pumhase priac, thcn either party may eaneal this eantm~ by Noliea to thc other givcn ~ithin 10 days sflar such adjourned date; (iii) notwithstanding thc foregoing, thc existing moflgaga (unleas this rolo is anbjeat to thc amc) and any nmttcr arostcd by Selicr afrar thc date hereof shall be released, discharged o~ other~se cured by Sellor at or prior to Closing. (c) If this contra~t is eaueolled pursuant to its tcrnu, othor than es n result of Purehaser*s defanlt, this eonb'sot shall torminatc and come to an and, and ueither party shall have any further righ~ obligations or Ihbililies against or to thc other hereunder or ofl~-t~se, exeapt that: (i) Scllar shall promptly refund or cause the Escrnwcc to rcfond thc Downpa~ant th Purehaacr and, unlc~ cancelled as a result o£Purchascffs dc£ault oF pursuant to paragraph g, to reimburse Purchescr for thc uet teat of' cxamialion of title, including any appropriate additional charges rela~l thereto, and thc net cost. if ~ctoally paid or iacon'ed by Purchaser, for updating thc existing survey of thc Premiscs or cfa uew sur~,, and (ii) thc obligations under paragraph 27 shall survive thc termination of thls contract. 22. Affidavit as to Judgments, Bankruptcks, etc. fin title examination discloses judgments, bankruptcies or other retoms against porsons having names thc same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showin8 that they arc not against Seller. 23. Defaults and Remedies. (a) ffPurchasar dcfaults hcrcunder, Sellc~'s Osole ~medy shall be to receive and mtein thc Downpaym~nt as liquidated damages, it being agreed that Sclle~s dem~cs in case of Pumhaset's default might be impnesil~ lo as~aln and that the Downpaymant conetitutes a fair and reasonablc amount of damages under thc biranmstsn~es and is not a panalty. (b) ffSeller defaults bercunder, Purchaser shall have such t~medi~a as Purchaasr shall be entitled to at law or in equity, including, but not limited 24, Purchaser*s Lien. All money paid on account of this contract, and the s~uormble expenee~ of examination of title to thc Prerniscs end ofeny Premises, but such liens shall not continue after default by Pumhascr under this contract. 2S. Notices. Any notice or other anmmunication (*Notico") shall be in Miring and either (a) ~'nt by either of the parties hereto or by thek by the Eaorowne, by registered or ~ertified mall, pcotsge prepaid, or Co) dellvered in perann or by overnight enurier, with mccip~ acknowledged, to the respa~ive addrcne~ 8ivan in this con,eot for thc pmty and the Escrowne, to whom thc Notice is to be ~ivcn, or to such o~er nddrcas as snoh party or Esorcwne shall hereafter dealgnated by Nogne given to the other pafly or parties and the Esorowco pursuant to this peragmph. Eaoh Notico mailed shall be deemed given on the third business day following thc date of mailing the same, except that any no~e to Escrowee shnll be deemed given only upon recolpt by Escmwne and codl Notice delivered in person or by overnight onuder shall be dcerned given when delivered. 26. No Assignment. This contract may not be assigned by Purchaser wifl'mut thc prior wfitton anneent of Seller in each instenec and any purported assignment(s) made without such consent shall be void. 27. Broker. Seller and Purchaser coch represents and warrants to thc other that it has not dealt with any broker in connection with this sale o~or than NONE(*Brok~*) and Seller shall pay Broker any commission earned pursuant to a separate agreement between Seller and Broker. Seller and Pumhasor shall indenmify and defend each other against any costs, olalms and cxpaneea, including rcasonabl~ ettomey~' fnes, arising out of thc btcanh on their respnetive parts of any rcpresontetion or agrnement contsined in this paragraph. The provisions of this paragraph shall survive Closing or, if Closing docs not occur, the termination of this contract. 28. Mlscallancone. (a) All prior understandings, agrnemcnts, rt,-presentations and wasrsndea, oral or written, between Seller and Pumhaser a~c merged in this con,act; it completely expresses their full agreement and has been entered into niter full invastigation, neither party rclying upon any statement made by anyone ctsc that is not sci forth in (b) Neither this contract nor any provision thereof may be waived, changed or canoelled except in writing. This contract shall also apply to and bind the hairs, distdbutees, legal r~presontetives, successors and permitted assigns of the respective partlcs. The parties hereby authorize th[tr r~spcctiv¢ attorneys to agree in writing to any changcs in dates and time perieds provided for in this contract. (c) Any singular word or tcrm her~m shall also be mad as in thc plural and thc neuter shall include the masculine and feminine gender, whcnevcr the sansc of this contract may require it. (d) Thc captions in this contract arc for convanicnec of rcfcrencc only and in no way dcfinc, limit or describe the scope of this contract and shall not be considered in the interp~tation of this contort or any provision hereof. (e) This anntra~t shall not bc binding or effective until duly executed and defivered by Seller and Purchaser. (0 Seller and Pumhaser shall comply with IRC ~porting requiroments, if applicable. This subparagraph shall sorviv¢ Clcoing. (~) Each patt~ ~tll, at any time and from time to time, execute, acknowledgn where appropriate and deriver such further inatromants and dneumcnts and take such other action as may be rcasonebly requested by the other in ruder to can~ out the intent and purpose of this contract. This subparagraph shall survive Clming. (h) This contrant is intended for the exclusive benefit of the pattie8 ha~to and, cxcopt as otherwisc exprcasly prodded herein, shall not be for the benefit of, and shall not create any rights in, or be anforcoable by, any other person or entity. RIDER TO STANDARD PROVISIONS OF THE STANDARD CONTRACT OF SALE FORM 26/33-RC~8/95). IF THE TERMS OF THIS RIDER ARE INCONSISTENT WITH THE STANDARD CONTRACT HEREIN, THIS RIDER SHALL CONTROL AND TAKE PRECEDENCE OVER SAID STANDARD FORM CONTRACT. 29. Purchaser's legal obllcatlons. Pumha~r warrants and rcpr~asnts that it has taken all Icsal stepa necessary to proceed with this pumhase. IN WITNESS WHEREOF, Ibis ~ontraet has been ~ecuted by the parti~ hereto. F~nldin Ovcrton Eich, ~llcr Town of Soulhold Attorney for S~II~: A~omey for Purchaser: Pa~ri~ia C. Moon, Esq. 51020 Main Road ,Southold, NY 11971 . 765-4330 53095 Main Road P.O. Box 1179 Southold, NY 11971 765-1939 Receip~ ofthe Downpayment is acknowledged and the undersigned agrees to act in accordance with thc provisions of paragraph 6 above. C L O S I N G S T A T E M E N T CLOSING STATEMENT FRANKLIN OVERTON RICH to TOWN OF SOUTHOLD Open Space for Parkland 13.85 acres Premises: 2405 Peconic Lane, Peconic SCTM #1000-74-5-6 Closing took place on December 10, 1998 at Southold Town Hall Purchase Price of $ 200,000.00 disbursed as follows: Payable to Patricia C. Moore, Esq. Check ~49846 (11/10/98) Payable to Franklin Overton Rich Check #50294 (12/10/98) $ 1,000.00 $ 199,000.00 Expenses of Closing: Appraisal Payable to Stype Real Estate Check ff48513 (8/4/98) $ 750.00 Survey John C. Ehler Land Surveyor Check #50354 (12/22/98) $ 3,250.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #50295 (12/10~98) Fee insurance $1117.00 Recording deed $ 86.00 $ 1,203.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. Patricia C. Moore, Esq. Franklin Overton Rich Elizabeth A. Neville Nancy Southold Town Supervisor Attorney for Town of Southold Attorney for Seller Seller Southold Town Clerk Title Company Closer TOWN OF SOUTHOLD 53095MAINROAD $OUTHOLD, NEW YORK11971-0959 DATE 11/10/1998 INE THOUSAND AND OO/IOO DOLLAR6 CHECK NO. 49846 214 NO. O49846 $1,000.00 PAY TO THE ORDER OF PRTRICIR C. MOORE, ESQ. 51020 MAIN ROAD 60UTHOLD NY 11971 "'Ot, RSI~&"' s:OSLhOSh&h': &~, OOOOOl~ O,' NDOR 013549 PATRICIR C. .7110.2. 100. 100 MOORE, ESQ. I 10498 11/10/1998 CHECK 49846 -]~""'='['{I ~l*i''~' DWNP~YMENT-RICH PROPERT 1,000.00 TOTAL 1,000.00. TOWN OF SOUTHOLD · SOUTHOLD. NY 11971-0959 TOWN OF SOUTHOLD 5~095 MAIN ROAD ~,f SOUTHOLD, NEWYORK 11971-0959 DATE CHECKNO. 12/10/1998 050294 214 .o. 050294 AMOUNT **$199,000.00'* PAY TO THE ORDER OF FRANKLIN OVERTON RICH "'O 50 2 f-,=, 00000~, ACCOUNT .7_ 2.100.000 FRA~I~T,TN ~VERTON RTCH I P.o. j 12/10/1998 CHECK #050294 INVOICE r DESCRIPTION I AMOUNT 121098 RICH PROPERTY PURCHASE- 13.85 ACRES 200,000.00 DOWNPAYMENT 1,000.00- TOTAL **$199.000.00'*, TOWN OF $OUTHOLO · SOUTHOLD, NY 11971-09~9 FROM: Stype Brothers Real Estate, P.O. Box 63 Mattituck, N.Y. 11952 TO: For professional appraisal services rendered. Premises located at: W/S Peconic Lane Peconic, N.Y. SCTM# 1000-74-5-6 750.00 Subtotal: 750.00 State Tax: GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 019764 STYPE REAL ESTATE Y JE Date Trx. Date Fund Account ............................. Begi , , 8/19/1997 8/19/1997 H1 .600 , , 8/19/1997 8/19/1997 H1 .600 9/02/1997 9/02/1997 H1 .600 11/12/1997 11/12/1997 H2 .600 ., 4/28/1998 4/28/1998 H1 .600 ., 4/28/1998 4/28/1998 H2 .600 , . 5/12/1998 5/12/1998 H1 .600 5/26/1998 5/26/1998 H1 .600 e8/04/1998 8/04/1998 A .600 1/24/1998 11/24/1998 H2 .600 ,, 11/24/1998 11/24/1998 H1 .600 , , 6/03/2002 6/03/2002 H3 .600 Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-08041998-516 Line: 326 Formula: 0 : : Account.. A .600 : :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 8/04/1998 SDT 8/05/98 : Trx Amount.... 750.00 : Description.. APPRAISAL-F. RICH PROP : Vendor Code.. 019764 : Vendor Name.. STYPE REAL ESTATE : Alt Vnd.. : CHECK ........ 48513 SCNB : Invoice Code. 98/235/PA : VOUCHER ...... : P.O. Code .... T.B. : Project Code. : Final Palrment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. N : Date Released 8/04/1998 : Date Cleared. 8/31/1998 : F3=Exit F12=Cancel : JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET EVERHEAD, NY 11901 L: fi16-S69-f1288 FAX: 516-369-8287 STATEMENT DATE INVOICE # ! 1/30/98 980224 Town of Southold BILL TO 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 TAX MAP NUMBER MY JOB NUMBER 1000-74-5-6 98-280 DATE 1/3o/9~ DESCRIPTION Survey of 13.85 acres of vacam land on Peconic Avenue, in Peconic, Town of Southold CHARGES 3,250.00 CREDITS BALANCE 3,250.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. JE Date Trx. Date Fund Account ............................. Begi 12/22/1998 12/22/1998 H .600 .. 2/18/1999 2/18/1999 H1 .600 .. 12/21/1999 12/21/1999 H2 .600 .. 3/28/2000 3/28/2000 H .600 ,, 5/08/2001 5/08/2001 H3 .600 .. 10/09/2001 10/09/2001 H3 .600 .. 10/09/2001 10/09/2001 H3 .600 .. 12/04/2001 12/04/2001 H3 .600 .. 12/04/2001 12/04/2001 H3 .600 .. 12/04/2001 12/04/2001 H2 .600 . . 4/25/2002 4/25/2002 H3 .600 . . 8/27/2002 8/27/2002 H3 .600 . . 1/07/2003 1/07/2003 H3 .600 . . 2/25/2003 2/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 ......................... Use Acti act Record(s) or Use Aotion Code Trx Date ..... Trx Amotmt... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ 50354 SCNB Invoice Code. 980224 VOUCHER ...... P.O. Code...'. 05117 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. N Date Released 12/22/1998 Date Cleared. 12/31/1998 F3=Exit F12=Cancel Disburs Inquiry by Vendor Naz~e ............. Detail--GL100N .............. W-12221998-476 Line: 175 Formula: 0 : Account.. H .600 : Acct Desc ACCOUNTS PAYABLE : 12/22/1998 SDT 12/23/98 : 3,250.00 : SURVEY-RICH PROPERTY : 005322 : EHLERS/JOHN C. : ) 98 03:21p Nancu 51G-?25-25E4 Commonwealth ITEM Title No.: 70982749 Applicant: TOWN OF SOUTHOLD ATTORNEY Premises: 0 PECONZC LN PECON[C~ NY 11958 Date of Closing: Purchaser: TOWN OF SOUTHOLD Fee Insurance $200,000.00 Mortgage Insurance $ 0,00 Date Printed: September :)8, 1998 Order-Type: Fee Only Survey Redate Depertmenlcal Searches Certificate of Occupancy Street Report Bankf upL~y Sewer Search Housing and Bulldlng Fi re oEmergency Additional Taxes Survey Inspection UCC's County ucc's Sta:e u.1 Environmental Waiver of Arbltratlon Condo Endorsement Escrow Service Charge Escrow Special Delivery Sale~ Rep: County: Suffolk Closer: CLOBZNG BZLL AMOUNT TrEM 1,117.00 Recording Fees Deed Plortgage Satisfaction of Mortgage Transfer Taxes N¥S Transter Tax NYC APT Gains Tax Mortgage Tax Mortgagor Mortgagee Chris McKeever . I TOTAL CHARGES RECEIPTS CHECKS PAYABLE TO COMMONWEALTH (Circle One) Buyer/Seller $ Buyer/SeUer $ Buyer/Seller Buyer/Seller CHECKS PAYABLE TO OTHER THAN COMMONWEALTH (Circle One) Buyer/Seller $  er/Seller $ er/Seller $ TOTAL RECE'rpT$ $ AMOUNT *NOTE Rates & charges herein are subject to change based on the rates in effect at the time of closing. 2777 Veterans Memorial Highway $Suite 6 · Islandia, NY 11722 Phone 1(888) 332-5842 · (516) 232-3S03 t Fax (516) 232-3617 TOWN OF SouTHoLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO. 12/11/1998 050295 214 .o. 050295 AMOUNT **$1,203.00'* PAY TO THE ORDER OF COMMONWEALTH LAND TITLE INSURANCE CO. (\ ,"OSO~qS,' I:OH;,l~OS[,~=h~-' C=3 OOOOOh O," H. 7110.2. 100. 100 '1998 CHECK #050295 121098 'TITLE FEES-RICH PROP CLOSING 1,203.0~ TOTAL **$1,203.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 003349 COMMONWEALTH LAND T Y JE Date Trx. Date Fund Account ............................. Begi , , 2/19/1998 2/19/1998 A .600 9/15/1998 9/14/1998 a .1620.2.2 ~ 12/22/1998 12/11/1998 H .7110.2.1 1/19/1999 1/12/1999 H1 .8686.4.0 1/19/1999 1/13/1999 Hi .8686.4.0 2/18/1999 2/05/1999 H1 .8686.4.0 11/23/1999 11/23/1999 A .600 12/21/1999 12/21/1999 H3 .600 2/01/2000 1/24/2000 H1 .8686.4.0 .~/28/2000 3/20/2000 H2 .8686.2.0 .W6/06/2000 6/06/2000 A .600 7/06/2000 6/21/2000 H2 .8686.2.0 7/06/2000 6/21/2000 H2 .8686.2.0 9/12/2000 8/30/2000 H3 .8660.2.6 9/12/2000 8/30/2000 H3 .8660.2.6 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : H-12221998-477 Line: 1 Formula: 0 : : Account.. H .7110.2.100.100 : : Acct Desc : : Trx Date ..... 12/11/1998 SDT 12/23/98 : : Trx Amount... 1,203.00 : : Description.,. TITLE FEES-RICH CLOSING : Vendor Code.. 003349 Vendor Name.. COMMONWEALTH LAND TITLE Alt Vnd.. CHECK ........ 50295 SCNB Invoice Code. 121098 VOUCHER ...... P.O. Code .... Project Code. Final Payment P Liquid. Type of 1099. N BOX. Addl. Fixed Asset.. N Date Released 12/11/1998 Date Cleared. 1/31/1999 F3=Exit F12=Cancel R E C O R D E D D E E D Rr~£~VEO RECORDED Numbc~of~ D $ REAL ~$T^TE TORRENS DEC C~m ~ SUFFOLK ~ / Mo~e Ins~t ~ / Mo~age T~ S~p R~or~ng / FlUng S~ Nomfion Sub To~l EA-5217 (C~ty) Sub To~ . S~Assi[ C~m. orE& 5 ' ~ " ~ HeM for Ap~on~ . Reg. C~y ~. ~l ~ ~ will be improved by a one or two ~amily ~ R~I ~pe~ T~ ~r~ce Agency Verir~atlon ~ Title Company Infor~tion '  ~fle Numar r ~offimonw~alth ~and c~ ~ Ch~ Title Insurance Company Payer s~c ~ R · R (or if ~iffe~nt) 1~- 6 Veterans Memorial Highway g Islandia, New York 11722 I ~ Suffolk County Recording & Endorsement Page (SPE~ T~E OF IN~U~) S~OLK COU~Y, ~W YO~. ~ ~ ~e Towm~p of Southo~ ~ ~ V~LAGE or H~ o~ Pecon~c BO~ 5 ~U 9 ~ BE TY~D OR ~D ~ BLACK ~K O~Y P~OR TO ~CO~ING OR F~G.. Standard N.Y.S.L.T~,. Form 8~17 - Page 1 .O00~w: Bargein & Sale Deed, wi~ Covenant against Grant.s Acts -~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSI~RUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the ~ 0 day of BETWEEN Franklin OverCon Rich 146 Cove Road Stonington, CT 06378 December , nine~en ninety-eight party of the first part, and Town of Southold 53095 Main Road Southold, NY 11971 party of the second'part, WITNESSETH, that the party of the first part, in consideration of Two Hundred Thousand and 00/100 ............ ($200,000.00) ................................................... doU~rs lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL fliat certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO a part of BEING AND INTENDED TO BE/the same premises conveyed~by Deed dated 6/1/78 and recorded on 9/6/78 in Liber 8492 cp. 142 and by Deed dated 7/13/74, recorded 7/17/74 in Liber 7676 cp 216, re-recorded in Liber 7688 cp 576 in the Suffolk County Clerk's Office. File No. 70982749 SCHEDULE A AMENDED 12/7/98 ALL that certain plot, piece,· or parcel of I'and, ·situate, lying and being in the 'Town of Southold, County 6f Suffolk and State of New York, being a descriptive parcel of land, bounded and described as follows: BEGINNING at a point on the westerly line of Peconic, Lane, 316.96 feet (316.35 survey), (316.94 deed) southerly along said westerly line from land of Long Island Railroad Company, said point of beginning being the southeasterly corner of land formerly of Grathwohl now or formerly of ]ohnsen; from said point of beginning; RUNNING along said westerly line of Peconic Lane, South 30 degrees 03 minutes 20 seconds East 423.78 feet; THENCE along land of Mazzei, South 59 degrees 43 minutes West, 886.39 feet to land of Catalano &. others; THENCE along said land, North 33 degrees 47 minutes West, 739.96 feet to said'land of Long Island Railroad Company; THENCE along said land, North 59 degrees 37 minutes 40 seconds East, 712.81 feet; THENCE along land of Howell, South 30 degrees 10 minutes 20 seconds East, 213.33 feet; THENCE along said land formerly of Grathwohl, now or formerly of .lohnsen the following two (2) courses and distances: 1. South 30 degrees :L6 minutes 20 seconds East :L01.47 feet; 2. North 60 degrees 01 minutes 40 seconds East 220.89 feet to the westerly side of Peconic Lane, the point of BEGINNING. For conveyancing only, if intended to be conveyed. Date Printed December 7, ~.998 Together with all right, title and interest of, in and to any streets and roads abutting the above described premises, to the center line thereof. TOGETHER with all right, title and interest, if any,~ of the party of the first part in and to any streets and roads abutting the above described premises to the center lifles thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above writ~n. IN PRESENCE OF: STATE OF NEW YORK, COUNTY OF SUFFOLK SS: Onthc]~tJ}day of December , 19 98, before me personally came Franklin Overton Rich to me known to be the individual described in and who executed the for~gding instrument, and acknowledged that he executed the same. EUZABE'IH A~ Not~ Public, State of New York No. ~r~-8125850 guffolk CountyD T~ F-xp res October 31, ,~ Zt~.. STATE OF NEW YORK, COUNIy OF SS: On the day of 19 . before me personally came to me known, who, being by mc duly sworn, did depose and say he resides at No. that ho is thc of , the corporation described in and winch executed the foregoing instrument; that ho knows the seal of said corporation; that the seal affixed to said inatmment is such corporate seal; that it was so affixed by order of the board of directors of raid corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF SS: On thc day of ,19 before me personally came ./ to me known, to be thc individual described in and who exe~,~ted the foregoing instrument, and acknowledged ha ,r / / STATE OF NEW YORK, COUNTY OF On the day of personally came to me kno~m, who, being by me duly that he resides at No. that he is the / SS: 19 , before me n, did depose and say of , the corporation described in and which executed thc foregoing instrument; that hc knows thc seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of thc board of directors of said corporahon, and that he signed h name thereto by like order. Franklin Overton Rich ' TO Towm of $outhold OFidelity National Title SECHON 074.00 BLOCK 05.00 LOT 006.000 COUNI~'~ Suffolk Gregory F, Yakaboski, Esq. 1 53095 Main Road P.O. Box 1179 ' · Southold, NY 11971 T I T L E P 0 L I C Y ISSUED BY COMMONW~d.T{~ LAND TITLE INSURANCE COMPAI~' Commonwealth OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED [N SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of. the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be her6unto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: ~ Secreta~' By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, co~ts, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; {ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or axea of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a} created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of PolLy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c} resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the trausaelion vesting in the Insured the estate or int~est in~ured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' fights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor, NM I PA10 ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page Commonweaith, . Amount of Insurance: $200,000.00 Date of Policy: 12/10/98 1. z $CHEDULE A Policy/File No,: 70982749 Name of Insured: TOWN OF SOUTHOLD The estate o~ interest in the land described in this Schedule and which is encumbered by the insured mortgage is: Fee Simple Title to the estate or interest in the land is vested in: Deed made by FRANKLIN OVERTON RICH to the INSURED dated 12/10/98 and recorded 12/24/98 in Liber 11936 page 096 in the Office of the Clerk of the County of Suffolk, The land referred to in this policy is described on the annexed schedule. Countersigned: ALTA Owner's Policy Authorized Officer or Agent SCHEDULE A Policy/File No. 70982749 AMENDED 12/7/98 ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being a descriptive parcel of land, bounded and described as follows: BEGTNN[NG at a point on the westerly line of Peconic Lane, 316.96 feet (316.35 survey), (316.94 deed) southerly along said westerly line from land of Long ]~sland Railroad Company, said point of beginning being the southeasterly corner of land formerly of Grathwohl now or formerly of .]ohnsen; from said point of beginning; RUNNING along said westerly line of Peconic Lane, South 30 degrees 03 minutes 20 seconds East 423.78 feet; THENCE along land of Mazzei, South 59 degrees 43 minutes West, 886.39 feet to land of Catalano & others; THENCE along said land, North 33 degrees 47 minutes West, 739.96 feet Lo said land of Long Tsland Railroad Company; THENCE along said land, North 59 degrees 37 minutes 40 seconds East, 7:12.81 feet; THENCE along land of Howell, South 30 degrees 10 minutes 20 seconds East, 213.33 feet; THENCE along said land formerly of Grathwohl, now or formerly of .]ohnsen the following two (2) courses and distances: 1. South 30 degrees 16 minutes 20 seconds East 101.47 feet; 2. North 60 degrees 01 minutes 40 seconds East 220.89 feet to the westerly side of Peconic Lane, the point of BEG]'NNING. ALTA Owner's Policy Schedule A - Description SCHEDULE. B Exceptions from Coverage Policy/File No. 70982749 This-policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Company excepts all unpaid water charges, sewer charges~ street charges, frontage charge~ or pending certiorari proceedings, and does not make searches for same. Electric agreement recorded in Liber :L317 cp 321. Survey made by .lohn C. Ehlers, L.S. dated 1:[/20/98 shows vacant land. (a) Lawn, on premises adjoining on the north, extends onto premises herein by as much as 13 feet. (b) Overhead wires traversing the southeast corner of premises (c) Hedge along part of the southerly line. ALTA Owner's Policy Schedule B Common, w ea] t .. STANDARD NEW YORK ENDORSEMENT (OWNER'S PoLI'CY) " Attached ~o and made a part of Policy Number: 70982749 1. Insuring provision Number 7 is deleted and the following is substituted: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following] is added to Paragraph 7 of the Conditions and Stipulations of the policy: "(d) Jif the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement is made a part of the policy and is subject to all terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any of prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the amount of insurance. Dated: 12/10/98 Countersigned: A u i:~f'~c e ~;;~t Standard New York Fndor~ement (9/1/93) For Use With Alta Owner's Policy (10/17/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Thc following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to. heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage· (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right . title, interest, estate or easement ill abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (el "mortgage": mortgage, deed of trust, trusl deed, or other security Il) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I{a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the IJnited States district court for the district in which the land is located. (gl "unmarketability of the title": an alleged or apparent matter afflicting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the deIivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage o1 th~s pohcy shall continue in force as of Date of Pohcy m in Ihe ]and. or holds an indebledne>s secured b) a purchase money ~ mortgage given b~. a [~urchaser from the insured, or only so long as Ihe insured shall ha~e liability by reason of co~enants of u. arranty made by the shah not continue tn force in ~a~or of any purchaser from the in~ured of either UI an estale or interest in Ihe [and. or rill an indebtedness secured by 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The m~ured shJII notif) Ihe Company prompdy in writing Ir) m case of any Imgalion as set forth in Secuon 4(al below. DJ) ~n case knowledge shall adverae to the htle to the estate or ihteresl, as insured, and which might cause foss or damage for which the Company may be liable by virtue of this policy, or (id} if title to the estate or interest, as insured, is rejecled as unmarketable. If prompt notice shall not be gixen to the Company. then as to the insured all hability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided. howe~er. Ihat l;ailure to notify' the Company' shah in no ca~e prejudice the rights ol any insured under this policy unless the Compans, shall be prejudiced by the failure and then on]) Io the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (aY Upon written request by the insured and subject to the options contained in Secnon 6 of these Conditions and Stipulations, the Compeny, at its o,~n cosl and wnhout unreasonable delay, shall provide for the defense of an insured in litigation ~n which any third party asserts a claml of actmn alleging a defect, lien or encumbrance or other matter insured agamsl b', this pohcy. The Company shall have the rtght to select counsel of ns choice Isubject to the right of the in~ured to object loc reasonable nol be liable for and will not pay the I~es of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured against b) this policy. (b} The Company shall have the right, at ~ts o~n cost, to insntute and interest, as insured, or to prevent or reduce loss or damage to Ihe'insLired. The Company may take an) appropriate action under the terms of this p~icy, whether or not .il shall be tiable hereunder, and shall not 'thereby concede liabdity or waive any pro~tsmn of th~s pohc) If the Compan; shall e~erq,se its rights under t}ns paragraph, ~ ~hall do so ddtgentl) lc) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (dy In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to lhe Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company. the insured, al the Company's expense, shall give. the Company all reasonable aid 6) in any action or proceeding, secunng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effect[ns settlement, and 0il in any other lawful act which in the opinion of the Company ma~ be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any [it[gat[on. with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the e~:tent possible, the basis of calculating the amount of Ihe loss or damage. If the Company is prejudiced by the failtlre of the insured claimant to provide Ibe required proof of foss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or oh]ii,at[on to defend, prosecute, or continue an) hr[gallon, wilh regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant ma) reasonably be requu'ed to submit to examination under oath b)' an5 authorized representative of the Company and shall produce for examination, inspecuon and copying, at such reasonable times and places as ma) be designated by an~. authorized representative of the C'ompan). all records, books, ledgers, checks. Date of Pohcy. which rea:,onabl)' pertain to the loss or damage Further. if requested by an) sutton?ed representative of the Company . the m~ured claimant shall grant ils permission, in wrdmg, for an) authorized books, ledgers, checks, correspondence and memoranda in the custody or control of a thtrd part), which reasonably pertain to the [DSS or damage. All information designated as confidential by the insured claimant pro~ided to the Company pursuant Io this Secnon shall not be disclosed to others purl[es as required m this paragraph shall lermlnate an) [iabdd) of the Company under this policy as [o that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under dns polio), the Company shall ha~c the this pohcy together v, dh any costs, attorneys' fees and expenses incurred by lime of paymant or tender of pa)ment and xuhich Ihe Company ~ obhga- led Itl pay. Upon Ihe exercise b) the Comp,m) of this oplion, all liabdlt; and i,bligations to the insured under this pohc), other than Io make the (bi To PaL or Otherv. ise Settle %ilh Parries Other illan thc Insured or m paragraphs (blfi) Dr.(ii j, the Company's obi[gallons to Ihe insured under Conditions and Stipulation~ Continued Inside Co~er 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or 'damage sustained or incurred by the insured claimant who has suffered loss ' or damage by rehgon of matters insured against by this policy and only to the extent herein described. (al Thc liability of the Company under this policy shall not exceed thc least of: (il the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 ~ercent over the Amount of Insurance stated in Schedule A. then this olicy is subject to the following: (il where no subsequent improventent has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent oftbe Amount of Insurhnce stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, l0 percent ottbe Amount of Insuran~ stated in Schedule A. (c) The Company will j~y only those costs, attorneys' fees and expenses incurred in accordance w;th Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels 10ut not all. the loss shall be computed and settled on a pro rata bas~s as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy. unless a liability or value has otberwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (al If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land. or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner bY any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) Tbe Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILfrY. All payments under this policy, except pa)nnents made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UASILITY NONCUMULATIVE It is expressly understood Ihat the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuflng a mortgage to which exception Is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which Is hereafter executed by an insured and which is a charge er lien on the estate or interest dascdbed or referred to in Schedule A, end ~ amount so paid shall be deemed a payment under this policy to the Insured ownor. 12. PAYMENT OF LOSS. (a) No payment shall be made withou~ producing this policy' for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished lo the satisfaction of Ibe Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92} (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the Io~s ,or damage shall be payable within 30 days thereafter. 1~. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant ~,ould have had against any person or pr0~erty in respect to the claim had this policy not been ~ssued. If requested by the Company, the insured claimant shall lransfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involvuig these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should resull from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's righl of subrogation. (b) The Company's Rights Against Nondnsured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the riJghts of the insured to indemnities, gnaranUes, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited b) applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this ~policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shah be binding upon the parties The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules ma) be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice president, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shldl be addressed tO Commonwealth Land Title Insurance Company, Eight Perm Center, Philedel~hia, petmsylvania 19103-2198. Fora1 1190-3 Cover Page ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached S T E W A R D S H I P On December 10, 1998, the Town of Southold purchased 13.85 acres of land located along the westerly side of Peconic Lane in Peconic from Franklin Overton Rich for the sum of $200,000.00. The purchase of this parcel, identified as SCTM #1000-74-5-6, was authorized by bond resolution adopted by the Southold Town Board on July 21, 1998, and its acquisition was solely intended for public park purposes. At a dedication ceremony'in the autumn of 2002, the park was officially designated the "JEAN W. COCHRAN PARK" in honor of Mrs. Cochran's years of devoted service to the Town. Mrs. Cochran served as Southold Town Supervisor from 1996 to 2001. As Supervisor, Mrs. Cochran was instrumental in securing the purchase of this parkland for the use and enjoyment of all Town residents. This once fallow farm field now hosts a roller hockey rink, softball field with lights, three tennis courts, a football/soccer field, and 2 baseball fields for our young T-ball players, in addition to a one-half mile track around the property's perimeter. Many residents enjoy year round use of these recreational facilities that are maintained by the Town of Southold - Department of Public Works under the management of James McMahon, Director. September 2005 Printe the screen A E R I A L S Z < U 0 U S U R V E Y ISUP~VE'F OF PP-.OPtEP-.TY ~ SI~ATE, ~CONIC ~ TOHN OF SOUTHOLD ~ \ ~ . \ ' C'OMMON,/'~g~,LTH LAND \ ~ 0 NOTEE~, ¢~PHIO SCALE {"= 60'