HomeMy WebLinkAboutTabor, E Kenneth
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Standard N. Y.B. T. U. Form 8002 .9-61.70M-Batpn IDd Sale Deed. with Covenant apmll Granco,'. Acu- Indivldud Of Corporation (Single Sbeet)
CONSULT YOUR LAWYER 8EFORE SIGNING THIS INSTRUMINT-THIS INSTRUM..,. SHOULD 81 USED 8Y LAWYIRS ONLY.
U, 5, I. R. 5, t' .;1, ~ Ii . [lAfR 5656 PAGE t25
THIS INDENTURE, made the /?JX day of?/~ , nineteen hundred and sixty-four
BEtwEEN E. KENNETH ,TABOR, residing at Orient, in the Town of Southold,
Suffolk County, New York,
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party of the first part, and 'TOWN OF SOUTHOLD, a municipal corporation with
office and principal place of business at 16 South Street, Greenport, Suffolk
County, New York,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerati?n
paid by the party of the second part, does hereby grant and release unto the party of the second part, the helrs
or successors and assigns of the party of the second part forever,
AU.. that certain plot, piece or pa.rcel of la.nd,~.IlI_III_"':"''''' _ ...d.... _ .d_ . 4. situate,
lying and being__ at Orient, in the Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a monument on the westerly line of Tabor Road 513.82
feet northerly along said westerly line from Orchard Street; said point of be-
ginning being the northeasterly corner of land of the party of the first part
and the southeasterly corner of land of Thomas; from said point of beginning
running along said westerly line of Tabor Road, South 8 degrees 06 minutes
30 seconds East, 100. 0 feet; thence along said land of the party of the first
part, two courses as follows:
(1) South 82 degrees 32 minutes 20 seconds West, 100. 0 feet; thence
(2) North 8 degrees 06 minutes 30 seconds West, 100.0 feet
to said land of Thomas; thence along sa~d land of Thomas, North 82 degrees
32 minutes 20 seconds East, 100.0 feet to the point of beginning.
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 lines 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 sooond part forever.
AND the party of the first part covenants that the party of the first part hia.s not done or suffered anything
wherQby 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 consid-
eration, as a trust fund to be applied firstJor 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
an}" other pUTpOse.
The word "party" shall 9: construe~ as if it read "parties" whenever the sense of this indenture so requires.
IN .WlTNESS WHEREOF, the party of the first part has duly executed this deed the day and year first aibove
wntten.
IN PRESENCE OF:
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E. Kenneth Tabor
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1I8fR5656 PAGd26
STATI OF NEW YORK, COUNTY OF SUFFOLK
On the/~zK day of ~.~
personally came
E. KENNETH TABOR,
51: STATI O. NEW YORK. COUNTY OF
1964 . before me On the day of
personally came
to me known to be the individual described in and who
executed the foregoing- in:;trument, and acknowledged that
he executed the same,~ ~
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, ,~ " ~. " ROBERT W. 'ASKa
~q ~ 1llr.. I PUBLIC, State of Now ...
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nATE OF NEW YORK. COUNTY OF
to me known to be the individnal
executed the foregoing instrument,
executed the same.
51: STATE O. NEW YORK. COUNTY OF
On the day of 19 . before me
personally came
to me known, who, beirg 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 5uch corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order,
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whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
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RECORDED
NOV ~1964
Ii!3 ~k. M
NORMAN . KLIPP
Clerk of Suffolk Co\H1t'4
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Record and Return Tft.OV 2 0 1964
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SMITH, TASKER,FINKELSTEIN AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
REGINALD C. SMITH
ROBERT w: TASKER
PI::BRRE O. LUNDBERG
HOWARD M. FINKELSTEIN
425 MAIN STREET
GREENPORT, N. Y.
GREENPORT 7-1400
ARTHUR H. LUNDBERG
COl1NSEL
WILLIAM W. ESSEKS
December 14, 1964
Hon. Albert W. Richmond
Southold Town Clerk
Southold, New York
Re: Tabor wi Town of Southold
Dear Sir:
We enclose herewith deed from E. Kenneth Tabor to the Town of Southold
dated November 17, 1964, and recorded in the Suffolk County Clerk's Office
on November 20, 1964, in Liber 5656 of Deeds at page 125.
As soon as we receive the title policy covering the subject premises, it will
be sent on to you.
Will you please acknowledge receipt of the enclosed deed by signing and return-
ing to us the blue copy of this letter enclosed herewith for that purpose.
Yo:';aly~~
ROBERT W. TASKER
RWT:MY
Enclosure
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SMITH, TASKER, FINKELSTEIN AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
REGINALD c. SMITH
ROBERT w: TASKER
PIERRE G. LUNDBERG
HOWARD M. FINKELSTEIN
42;:) MAIN STREET
GREENPORT, N. Y.
GREENPORT 7~1400
ARTHUR H. LUNDBERG
COUNSEL
w-ILLIAM W. ESSEKS
January 25, 1965
Hon. Albert W. Richmond
Southold Town Clerk
Southold, New York
Re: Town of Southold wI, Tabor
Dear Sir:
Enclosed herewith is The Title Guarantee Company fee policy
No. 1245635 dated November 17, 1964, in the amount of $2,000.00
naming the Town of Southold as insured. This policy covers the
property at Orient purchased from E. Kenneth Tabor for highway
drainage purposes and it should be retained in your files.
In order that we may have a record for our files, will you please
acknowledge receipt of the policy by signing and returning to us
the blue copy of this letter enclosed for that purpose.
Yours very truly, ~
~~./~
ROBERT W. TASKER
RWT:MY
Enclosure
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TITLE INSURANCE
POLICY
THE TITLE GUARANTEE COMPANY
BJ1 <S0J15i~el'atioJ1 of the payment of its charges for the examination
of title and its premium for insurance, insures the witlrin named insured against all
loss or damage not exceeding the amount of insurance stated herein and in addition
the costs and expenses of defending the title, estate or interest insured, which the
insured shall sustain by reason of any defect or defects of title affecting the premises
described in Schedule A or affecting the interest of the insured therein as herein set
forth, or by reason of un marketability of the title of the insured to or in the premises,
or by reason of liens or incumbrances affecting title at the date hereof, or by reason
of any statutory lien for labor or material furnished prior to the date hereof which
has now gained or which may hereafter gain priority over the interest insured hereby,
or by reason of a lack of access to and from the premises, excepting all loss and
damage by reason of the estates, interests, defects, objections, liens, incumbrances
and other matters set forth in Schedule B, or by the conditions of this policy hereby
incorporated into this contract, the loss and the amount to be ascertained in the
manner provided in said conditions and to be payable upon compliance by the
insured with the stipulations of said conditions, and not otherwise.
BJ1 qvitJ1e55 qv~el'eof, THE TITLE GUARANTEE COMPANY
has caused this policy to be signed and sealed on its date of issue set forth herein.
~\') \\\-\),.~v::'
, ,
Va iikiting Officer or Agent
(~"lA
Executive Vice-President
10-
~ CONDITIONS OF THIS POLICY ~
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Section 1 DEFINITIONS
(a) Wherever the term "insured" is used in this policy it includes
those who succeed to the interest of the insured by operation of law
including, without limitation, heirs, distributees, devisees, survivors,
personal representatives, next of kin or corporate successors, as the
case may be, and those to whom the insured has assigned this policy
where such assignment is permitted by the terms hereof, and whenever
the term "insured" is used in the conditions of this policy it also
includes the attorneys and agents of the "insured."
(b) Wherever the term "this company" is used in this policy it
means The Title Guarantee Company.
(c) Wherever the term "final determination" or "finally deter~
mined" is used in this policy, it means the final determination of a
court of competent jurisdiction after disposition of all appeals or after
the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy, it
means the property insured herein as described in Schedule A of this
policy including such buildings and improvements thereon which by
law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means,
unless otherwise indicated, recorded in the office of the recording
officer of the county in which property insured herein lies.
Section -2
DEFENSE AND PROSECUTION OF SUITS
(a) This company will, at its own cost, defend the insured in all
actions or proceedings founded on a claim of title or incumbrance not
excepted in this policy.
(b) This company shall have the right and may, at its own cost,
maintain or defend any action or proceeding relating to the title or
interest hereby insured, or upon or under any covenant or contract
relating thereto which it considers desirable to prevent or reduce loss
hereunder.
(c) In all cases where this policy requires or permits this company
to prosecute or defend, the insured shall secure to it the right and
opportunity to maintain or defend the action or proceeding, and all
appeals from any determination therein, and give it all reasonable aid
therein, and hereby permits it to use therein, at its option, its own
name or the name of the insured.
(d) The provisions of this section shall survive payment by this
company of any specific loss or payment of the entire amount of this
policy to the extent that this company shall deem it necessary in
recovering the loss from those who may be liable therefor to the
insured or to this company.
Section 3
CASES WHERE LIABILITY ARISES
No claim for damages shall arise or be maintainable under this
policy except in the following cases:
(a) Where there has been a final determination under which the
insured may be dispossessed, evicted or ejected from the premises or
from some part or undivided share or interest therein.
(b) Where there has been a final determination adverse to the title,
upon a lien or incumbrance not excepted in this policy.
(c) Where the insured shall have contracted in good faith in writing
to sell the insured estate or interest, or where the insured estate has
been sold for the benefit of the insured pursuant to the judgment or
order of a court and the title has been rejected because of a defect or
incumbrance not excepted in this policy and there has been a final
determination sustaining the objection to the title.
(d) Where the insurance is upon the interest of a mortgagee and the
mortgage has been adjudged by a final determination to be invalid or
ineffectual to charge the insured's estate or interest in the premises, or
subject to a prior lien or incumbrance not excepted in this policy;
or where a recording officer has refused to accept from the insured a
satisfaction of the insured mortgage and there has been a final deter-
mination sustaining the refusal because of a defect in the title to the
said mortgage.
(e) Where the insured shall have negotiated a loan to be made on
the security of a mortgage on the insured's estate or interest in the
premises and the title shall have been rejected by the proposed lender
<
and it shall have been finally determined that the rejection of the
title was justified because of a defect or incumbrance not excepted
in this policy.
(f) Where the insured shall have transferred the title insured by an
instrument containing covenants in regard to title or warranty thereof
and there shall have been a final determination on any of such cove-
nants or warranty, against the insured, because of a defect or incum-
brance not excepted in this policy.
(g) Where the insured estate or interest or a part thereof has been
taken by condemnation and it has been finally determined that the
insured is not entitled to a full award for the estate or interest taken
because of a defect or incumbrance not excepted in this policy.
No claim for damages shall arise or be maintainable under this
policy (1) if this company, after having received notice of an alleged
defect or incumbrance, removes such defect or incumbrance within
thirty days after receipt of such notice; or (2) for liability voluntarily
assumed by the insured in settling any claim or suit without the
written consent of this company.
Section 4
NOTICE OF CLAIM
In case a purchaser or proposed mortgage lender raises any question
as to the sufficiency of the title hereby insured, or in case actual
knowledge shall come to the insured of any claim adverse to the title
insured hereby, or in case of the service on or receipt by the insured
of any paper, or of any notice, summons, process or pleading in any
action or proceeding, the object or effect of which shall or may be to
impugn, attack or call in question the validity of the title hereby
insured, the insured shall promptly notify this company thereof in
writing at its main office and forward to this company such paper or
such notice, summons, process or pleading. Delay in giving this notice
and delay in forwarding such paper or such notice, summons, process
or pleading shall not affect this company's liability if such failure has
not prejudiced and cannot in the future prejudice this company.
Section 5 PAYMENT OF LOSS
(a) This company will pay, in addition to the loss, all statutory
costs and allowances irl1posed on the insured in litigation carried on
by this company for the insured under the terms of this policy. This
company shall not be liable for and will not pay the fees of any
counsel or attorney employed by the'insured.
(b) In every case where claim is made for loss or damage this
company (1) reserves the right to settle, at its own cost, any claim or
suit which may involve liability under this policy; or (2) may termi-
nate its liability hereunder by paying or tendering the full amount of
this policy; or (3) may, without conceding liability, demand a valua-
tion of the insured estate or interest, to be made by three arbitrators
or any two of them, one to be chosen by the insured and one by this
company, and the two thus chosen selecting an umpire. Such valua-
tion, less the amount of any incumbrances on said insured estate and
interest not hereby insured against, shall be the extent of this com~
pany's liability for such claim and no right of action shall accrue
hereunder for the recovery thereof until thirty days after notice of
such valuation shall have been served upon this company, and the
insured shall have tendered a conveyance or assignment of the insured
estate or interest to this company or its designee at such valuation,
diminished as aforesaid. The foregoing option to fix a valuation by
arbitration shall not apply to a policy insuring a mortgage or leasehold
interest.
(c) Liability to any collateral holder of this policy shall not exceed
the amount of the pecuniary interest of such collateral holder in the
premises.
(d) All payments made by this company under this policy shall
reduce the amount hereof pro tanto except (1) payments made for
counsel fees and disbursements in defending or prosecuting actions or
proceedings in behalf of the insured and for statutory costs and allow-
ances imposed on the insured in such actions and proceedings, and
(2) if the insured is a mortgagee, payments made to satisfy or subordi-
nate prior liens or incumbrances not set forth in Schedule B.
(e) When liability has been definitely fixed in accordance with the
conditions of this policy, the loss or damage shall be payable within
thirty days thereafter.
CONDITIONS CONTINUED ON rNSIDE BACK COVER
r
N.me of Insured
TOWN OF SOUTHOLD
The est.te or interest insured by this policy is fee simple
made by E. Kenneth Tabor dated
Policy No. 1245635
Amount of Insurance $ 2,000.00
D.te of Issue
11/17/64
vested in the insured by means of a deed
11/17/64 recorded 11/20/64
SCHEDULE B
The following est~tes. interests, defects, objections to title. liens lInd incumbrances and other matters ere excepted from the coverage of this policy:
I. Defects and incumbrances arising or becoming a lien after the dote of
this policy, except os herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement
of any governmental war or police powers over the premises.
3. Zoning restrictions or ordinances imposed by any governmental body.
4. Judgments agoinst the insured or estates, interests, defects. objections,
liens or incumbrances cr8"ted, suffered, assumed or agreed to, by or with
the privity of the insured.
5. Title to any property beyond the lines of the premises. or title to areas
within or rights or e<:lsements in any abuMing streets, roads, c.venues, lanes,
W<:lYs or waterwo!lYs. or t.he right to maintain therein vaults, tunnels, rl:lmps
or My other structure or improvement, unless this policy specificl:Il1y
provides thl:lt such titles, rights, or easements l:Ire insured. Notwithstanding
lIny provisions in this poragrllph to the contrary, this policy,. unless
otherwise excepted, insures the ordiMry rights of lIccess ond egress
belonging to abutting owners.
6. Compli<:lnce by the buildings or other erections upon the premises or
their use with Federal, Stl:lte and Municipal laws, regulations and ordi-
nllnces.
7. Title to any personal property, whether the same be attoched to or used
in connection with s<:lid premises or otherwise.
A: Any state of facts an inspection of the premises might show.
B. Survey by otto W. Van Tuyl & Son dated 11/12/64 shows vacant
land. No variations.
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SCHEDULE "8" OF THIS POLICY CONSISTS OF c=J SHEET(S).
REvls"i;:OEFFEcTlvE.ifile3
700'" 7.64.12M
Policy No.
1245635
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy
ALL that certain plot, piece or parcel of land with the buildings
thereon erected, situate, lying and being at Orient, in the TO\ffi
of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a monument on the westerly line of Tabor Road 513.82
feet northerly along said westerly line from Orchard Street; said
point of beginning being the northeasterly corner of land of the
party of the first part and the southeasterly corner of land of
THomas; from said point of beginning running along said westerly
line of Tabor Road, south 8 degrees 06 minutes 30 seconds East
100.0 feet; thence along said land of the party of the first part
two courses as follows:
g~
South 82 degrees 32 minutes 20 seconds West 100.0 feet; thence
North 8 degrees 06 minutes 30 seconds West 100.0 feet
to said land of Thomas; thence along said land of
82 degrees 32 minutes 20 seconds East, 100.0 feet
BEGINNING.
Thomas, North
to the point of
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FORM BY THE NEW YORK STATE TITl..E ASSOCIATIONI
REVI!lED EFFECTIVE 1/1/83
700 * 7.64.12M
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Section 6
COINSURANCE AND APPORTIONMENT
CONDITIONS CONTINUED FROM INSIDE FRONT COVER
(a) In the event that a partial loss occurs after the insured makes an
improvement subsequent to the date of this policy, and only in that
event, the insured becomes a coinsurer to the extent hereinafter set
forth.
If the cost of the improvement exceeds twenty per centum of the
amount of this policy, such proportion only of any partial loss estab-
lished shall be borne by the company as one hundred twenty per
centum of the amount of this policy bears to the sum of the amount of
this policy and the amount expended for the improvement. The fore-
going provisions shall not apply to costs and attorneys' fees incurred
by the company in prosecuting or providing for the defense of actions
or proceedings in behalf of the insured pursuant to the terms of this
policy or to costs imposed on the insured in such actions or proceed-
ings, and shall apply only to that portion of losses which exceed in the
aggregate ten per cent of the face of the policy.
Provided, however, that the foregoing coinsurance provisions
shall not apply to any loss arising out of a lien or incumbrance for a
liquidated amount which existed on the date of this policy and was
not shown in Schedule B; and provided further, such coinsurance
provisions shall not apply to any loss if, at the time of the occurrence
of such loss, the then value of the premises, as so improved, does not
exceed one hundred twenty per centum of the amount of this policy.
(b) If the premises are divisible into separate, independent parcels,
and a loss is established affecting one or more but not all of said
parcels, the loss shall be computed and settled on a pro rata basis as
if this policy were divided pro rata as to value of said separate,
independent parcels, exclusive of improvements made subsequent to
the date of this policy.
(c) Clauses "(a)" and H(b)" of this section apply to mortgage
policies only after the insured shall have acquired the interest of the
mortgagor.
(d) If, at the time liability for any loss shall have been fixed pur-
suant to the conditions of this policy, the insured holds another policy
of insurance covering the same loss issued by another company, this
company shall not be liable to the insured for a greater proportion of
the loss than the amount that this policy bears to the whole amount of
insurance held by the insured, unless another method of apportioning
the loss shall have been provided by agreement between this company
and the other insurer or insurers.
member companies for continuation of liability to grantees of the
insured in certain specific circumstances only. In no circumstance
provided for in this section shall this company be deemed to have
insured the sufficiency of the form of the assignment or other instru-
ment of transfer or conveyance or to have assumed any liability for the
suffiCiency of any proceedings after the date of this policy.
Section 8
SUBROGATION
(a) This company shall to the extent of any payment by it of loss
under this policy, be subrogated to all rights of the insured with
respect thereto. The insured shall execute such instruments as may be
requested to transfer such rights to this company. The rights so trans-
ferred shall be subordinate to any remaining interest of the insured.
(b) If the insured is a mortgagee, this company's right of subroga~
tion shall not prevent the insured from releasing the personal liability
of the obligor or guarantor or from releasing a portion of the premises
from the lien of the mortgage or from increasing or otherwise modify-
ing the insured mortgage provided such acts do not affect the validity
or priority of the lien of the mortgage insured. However, the liability
of this company under this policy shall in no event be increased by
any such act of the insured.
Section 9
MISREPRESENTATION
Any untrue statement made by the insured, with respect to any
material fact, or any suppression of or failure to disclose any material
fact, or any untrue answer by the insured, to material inquiries before
the issuance of this policy, shall void this policy.
Section 10
NO WAIVER OF CONDITIONS
This company may take any appropriate action under the terms <?f
this policy whether or not it shall be liable hereunder and shall not
thereby concede liability or waive any provision of this policy.
Section 11
POLICY ENTIRE CONTRACT
All actions or proceedings against this company must be based on
the provisions of this policy. Any other action or actions or tights of
action that the insured may have or may bring against this company
in respect of other services rendered in connection with the issuance
of this policy, shall be deemed to have merged in and be restricted to
its terms and conditions.
Section 7
ASSIGNMENT OF POLICY Section 12
VALIDATION AND MODIFICATION
If the interest insured by this policy is that of a mortgagee, this
policy may be assigned to and shall inure to the benefit of successive
assignees of the mortgage without consent of this company or its en-
dorsement of this policy. Provision is made in the rate manual of
New York Board of Title Underwriters filed with the Superintendent
of Insurance of the State of New York on behalf of this and other
This policy is valid only when duly signed by a validating officer or
agent. Changes may be effected only by written endorsement. If the
recording date of the instruments creating the insured interest is later
than the policy date, such policy shall also cover intervening liens or
incumbrances, except real estate taxes, assessments, water charges and
sewer rents.
ENDORSEMENTS
N.Y.B.T.U. "ORM 100D tAL.SO ...DOPTIi:D AS'" STANDARD POL.ICY
FORM BY THE NIi:W YORK STATE TITLE ASSOCIATIONI
REVISED E....ECTIVE 1/I/G3
700 * 7.64.12M
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A Valuable
Document
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Insurance
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THE
TITLE GUARANTEE
COMPANY
CHART6".D '..3 IN NEW YORK
Title Insuranu Throughout
NEW YORK, NEW JERSEY, CONNECTICUT,
MASSACHUSETIS, MAINE, NEW HAMPSHIRE,
VERMONT AND GEORGIA
HEAD OFFICE
176 BROADWAY, NEW YORK CITY