HomeMy WebLinkAboutLahman, Walter A
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Standard N.Y.D.T.U. Form 8007 * 9_61_101\I_Dargain and Sale Deed with Covenant against Grantor's Acts-Individual or Corporation.
CONSULT YOUR LAWYER BEFORE SIGNING THIS INST..RU~NT. THIS I~UMENT SHOULD BE USED BY LA.WYERS ONLY
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THIS INDENTURE, made the /;; f'< day of i'larch , nineteen hundred and sixt-y-f6ur-~
BETVVEEN WALTER A. LAHMAN and ROSALIE LAHMAN, his wife, residing
at Railroad Avenue, Huntington Station, New York,
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 One and 00/100-----------
____________________________________________________( $1. 00) dollars,
lawful money of the United States, and other good and valuable consideratioIl'aid
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 buildings and improvements thereon erected, situate,
lying and beingJlllalll!: at Peconic in the Town of Southold, County of Suffolk
and State of New York, being more particularly described as follows:
BEGINNING at an iron pipe set in the northeasterly side of
Mill Lane distant 150 feet northwesterly when measured along the
northeasterly side of Mill Lane from another iron pipe set at an
angle point in said road where same runs on a bearing of North 120
46' West. Said point or place of beginning being also where the
'southeasterly corner of the premises to be described intersects the
southwesterly corner of land now or formerly of Ann Marie Nelson as
conveyed to her by Liber 4732 cp 118; running thence North 490
17' West along the northeasterly side of Mill Lane 268 feet to the
waters of Long Island Sound; thence easterly and southerly along
'the waters of Long Island Sound and Peconic Inlet 285 feet more or
less to a point in said inlet which is distant 57 feet northeasterly
on a line drawn at right angles to the northeasterly side of Mill
Lane from the point or place of beginning; thence southwesterly
along said last mentioned line 57 feet to the northeasterly side of
Mill Lane at the point or place of beginning.
EXCEPTING THEREFROM so much of the above described pTemises
as was not conveyed to the grantors herein by deed from Carrie A.
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LlBER5516 PAGf184
Bailey Cawl dated September 4, 1944 recorded September 11, 1944
in Liber 2388 cp 70.
TOGETHER with all of the right, title and interest, if any, of
the party of the first part in and to all s~rips and gores abutting
and adjoining said premises.
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UlJER5516 P.4GE185
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 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 incumbered 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 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.
1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PIll!!SENCE OF:
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ItBsalie LaMan
~ 5TATE OF NEW YORK, COUNTY OF SUFFOLK 55:
-:-: On the /r:;f4 day of ~ 19 64, before me
~-f personally. came WALTER A. LAHMAN and
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ROSALIE LAHMAN
to me known to be the individual S described in and who
executed the forego~g instrument, and acknowledged that
<L they executed the'same.
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5TATE OF NEW YORK, COUNTY OF
5TATE OF NEW YORK, COUNTY OF
55:
On the day of
personally came
19 , before me
to me known to be the individual
executed ilie foregoing instrument,
executed the same.
described in and who
and acknowledged that
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55: 5TATE OF NEW YORK, C"OUNTY OF
55:
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
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
, 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
afr,xed 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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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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Record and Return To:'.''! .
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SMITH, TASKER, FINKELSTEIN AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
425 MAIN STREET
REGINALD C. SMITH
ROBERT W. TASKER
PIERRE G. ]~UNDBERG
HOWARD M. FINKEI"STEIN
GREEN PORT, N. Y.
GREENPORT 7-1400
ARTHUR H. LUNDBERG
COUNSEL
WILLIAM W. ESSEKS
June 26, 1964
Hon. Albert W. Richmond
Town Clerk's Office
Southold, New York
Re: Town of Southold wI Lahman
Dear Sir:
Relative to the purchase of a parcel of land at Peconic by the Town of
Southold from Walter A. Lahman and Rosalie Lahman, his wife, we
enclose herewith The Title Guarantee Company title insurance policy
No. 1240243, dated March 16, 1964, naming the Town of Southold as
insured in the amount of $3,500. 00.
Will you please acknowledge receipt of this policy by signing and
returning to us the blue copy of this letter enclosed for that purpose.
Yours very t:r;v.ly, ,--,
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ROBERT W. TASKER
RWT:MY
Enclosure
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TITLE INSURANCE
POLICY
THE TITLE GUARANTEE COMPANY
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BI1 <S0I15j~et'atiol1 of the payment of its charges for the examination
of title and its premium for insurance, insures the within 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 unmarketability 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 maUers 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.
BI1 ~jtl1e55 ~~et'eof} THE TITLE GUARANTEE COMPANY
has caused this policy to be signed and sealed on its date of issue set forth herein.
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~ CONDITIONS OF THIS POLICY ~
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Section 1 DEFINITIONS
(a) \Vhcr('\,cr the term "insured" is used in this policy it includes
those who succecd to the interest of the insured by operation of law
inrhlding, with(llll limitation, heirs, distributces, dcvis('('s, survivors,
personal rcprescntativ('s, next uf kin or corporate successors, as the
case ffii:lY be, and those to \vhOI11 the insured has assigned this policy
where such assignment is permitted by the ({'fillS hereof, and \vhenevn
the term "insured" is used in (he conditions of this policy it also
includes the attorneys and agents uf the "insured."
(b) \VhcreVt'r the term "this company" is used in this policy it
means The Title Guarantee Company.
(c) \Vhcrever dw term "final determination" or "finally deter-
mined" is used in this policy, it means the fmal determination of a
court of competent jurisdiction after disposition of all appeals or after
the time to appeal has expired.
(d) vVherever the term "the premises" is used in thi~ policy, it
means the property insured herein as described in Schedule A of this
policy including such buildings and improvements thercon vvhich by
law constitute real propeny,
(c) vVherever the terIli "recorded" is used in this policy it means,
unless otherwise indicated, recorded in thl: office of the recording
officer of the county in \,,/hich 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 Counded 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 ovvn
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 finat 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) \Vhere there has been a final determination adverse to tl'll: title,
upon a lien or incumbrance not excepted in this policy.
(c) \^lhere 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) "Vhere 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 01' incumbrance not excepted in this policy;
or where a recording otTiceI' has refused to accept from thc insured a
satisfaction of the insured mortgage and there has been a final deter.
mination sustaining" the refusal twcause of a defect in the titk to the
said mortgage.
(e) \Vhere 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 havc bcen finallv rk[('nninf~d that thc- ]"ejlTtion of tht>
title \vas justified bccause of'a r1di:ct or illCllllll}r;JtHT not excepted
in this policy.
(f) vVhetT the insured shall have lransfnrerllhe title insured by an
instrument containing- covenants in regard to titk or warranty thercof
and there shall have been a final determination on any of such cove-
nants or warranty, against the insured, because of a dl:kct or incum-
brance not excepted in this policy.
(g) \\-'here th(' insured estate or in(l'J'('st or a part thl'reof has becn
taken bv condemnation and it has been finallv determined that the
insurt'd 'is not entitled to a full a\vard for the e~tate or intl~rcst taken
because of a dekct 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 n~ccived notice of an alleged
defect or incumbrance, removes such defect or incumbrance within
thirty days after receipt of such notice; or (2) foJ' 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 insurcd, or in case actual
knO\vledge 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 noticc, summons, process or pleading. Delay in giving this notice
and delay in fOf\varding 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 irrlposed 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 t\VO 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 allO\v~
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 \\lith the
conditions of this policy, the loss or damage shall be payable ,vithin
thirty days thereafter.
CONDITIONS CONTINUED ON INSIDE BACK COVER
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Name Of Insured
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The estate or interest insured by this policy is fee sim pI e
made -oJ- ',;a1 ter "', Lal1man and
3/:6/Ui :~'3'~crded 3/3:)/64
Policy No. J.2h02i't3
Amount of Insurance $
Date of Issue
3, 500 .00
3/16/64
vested in the insured by means of two deeds
Rosalie Lahman, his wife dated
SCHEDULE B
The following estates, interests. defects, obiection, to title, liens and incumbrances and other matters are except-ed from the coverage of this policy:
!. Defects and incumbrances arising or becoming a lien after the date of
this policy, except as 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 against the insured or eslates, interests, defects, objections,
liens or incumbrances created, 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 easements in any abutting streets. roads, avenues, lanes,
A.. Rigllts r:l tenants, if any.
ways or waterways, or the right to maintain therein vaults, tunnels, ramps
or any other structure or improvement, unless this policy specifically
provides that such titles, rights, or easements are insured. Notwithstanding
any provisions in this paragraph to the contrary, this policy, unless
otherwise excepted, insures the ordinary rights of access and egress
belonging to abutting owners.
6. Compliance by the buildings or other erections upon the premises or
their use with Federal, State and Municipal laws, regulations and ordi-
nances.
7. Title to any personal property, whether the same be attached to or used
in connection with said premises or otherwise.
E. Any state of facts an inspection of the premises might show.
C. 1':0 title is insured to any land lying below the mean highwater
line of Long Island Sound or Goldsmiths Inlet as the same now or
formerly existed.
D. No riparian rights are insured.
E. Survey by Otto W. Van Tuyl & Son dated 1/20/64 shows vacant
land. No variations.
F. No title is insured to any land lying outside the perimeter
of the premises described in deed from Carrie A. Bailey Cawl to
Walter A. Lahman and Rosalie Lahman, his wife, dated 9/4/44 recorded
9/11/44 in Liber 2388 cp 70.
1963/64 T01ID and School Taxes.
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SCHEDULE "8" OF THIS POLICY CONSISTS OF c=J SHEET(S),
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Policy No.
124021+3
SCHEDULE A
The promises in which the insured ha.s the estate or interest covered by this policy
ALL that certain tract, piece or parcel of land, situate, lying
and being at Peconic in the TOIm of Southold, County of Suffolk and
Sta te of New Yorl" with the buildings thereon, being more particularly
described as follows:
BEGINNING at an iron pipe set in the northeasterly side of
Hill Lane distant 150 feet northwesterly when measured along
the northeasterly side of Hill Lane from another iron pipe
set at an angle point in said road where same runs on a bearing
of north 12 degrees 46 minutes west. Said point or place of
beginning being also vlhere che southeasterly corner of the
premises to be described intersects the southwesterly corner of
land now or formerly of Ann Harie Nelson as conveyed to her by
Liber 4732 cp 118;
RONNING thence north 49 degrees 17 minutes west along the
northeasterly side of Mill Lane 268 feet to the waters of Long
Island Sound;
THENCE easterly and southerly along the waters of Long Island
Sound and Peconic Inlet 285 feet more or less to a point in said
inlet which is distant 57 feet northeasterly on a line dravm at
right angles to the northeasterly side of Mill Lane; from the point
or place of beginning;
THENCE southwesterly along said last mentioned line 57 feet
to the northeasterly side of IvJill Lane at the point or place of
beginning.
EXCEPTING THEREFFOM so much of the above described premises
as was not conveyed to the grantors herein by deed from Carrie
A. Bailey Cawl dated September 4, 1944 recorded September 11,
1944 in Libel' 2388 cp 70.
_.
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 proporti6n 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 "(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
suffidency 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 of
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 POllCY 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 POllCY 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
A Valuable
Document
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Insurance
POLICG)[
THE
TITLE GUARANTEE
COMPANY
CHARTERED '883 IN NEW YORK
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Title Insurance Througlwut
NEW YORK, NEW JERSEY, CONNECTICUT,
MASSACHUSETTS, MAINE, NEW HAMPSHIRE,
VERMONT AND GEORGIA
HEAD OFFICE
176 BROADWAY, NEW YORK CITY