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HomeMy WebLinkAboutElahi, Jalal ~ ,_. ~ -iJ1 I" r '., !, :.; .c, :;.~"; . Standard N. Y.B. T.V. Form 8002-8w63-Bargair. and Sale Deed with Covenant against Gramor's Acts-Individual or Corporation (singl~ sheet) CONSULT YOUR LAWY~1l BEFORE SIGNING THIS IN~~:UM~~T,-:-T1ti.INSTRU~ENT. SHOULD BE USED BY LAWYERS ONLY. UBER5511 PAGE544 -fi .1. r, 'J...t!!.$...6.c. '" THIS IND!NnJRE"; made the l/l - day of March , nineteen hundred and Sixty-four BETWEEN JA~L ELAHI, residing at 71 East Williston Avenue, East Williston, Nassau County, New York, party of the first part, and TOWN OF SOU'lHOLD, a Municipal Corporation, having its principal place of business at Greenport and at Southold, in the County of Suffolk, State of New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten DoUar. and other valuable conaideratioa paid by the party of the .econd part, cIoa hereby grant and release unto the party of the _d part, the hein or succeason and ....ipa of the party of the _d part forever, ALL that certain plot, piece or parcel of land, ..bubx j._iliY ..Illl......!:.. I 1I'l .1Ik r ~~ aituate. lying and bei~ at Peconic, Town of Southold, Suffolk County, New York, being known and designated as and by the lot Numbers 1 and 2 on a certain map entitled, "Map of Peconic Shores, located at Peconic, Long ISland, property of William B. Codling," surveyed September 1922, J. W. Wells, C. E. and which map was duly filed in the Suffolk County Clerk's Office on August 5, 1924 in File Number 117 of Maps. TOGETHER with all right, title and interest, if any, of the party of the firat part of, in and to uyRreeta and roacla abuttinc the above-delcribed premiaea to the center linea thereof; TOGETHER with the ~ and all the estate and rigbu of the party of the first part in and to Aid ~; TO HAW AND TO HOLD the premisea herein granted unto the party of the second part, the hein or IUCCellon and auipa of the party of the second part forever. AND the party of . the firat part covenantl that the party of the first part baa not done or .uffered anythinc whereby the Aid premiael have been encumbered in any way whatever, except u aforeaaid. AND the party of thefint part, in compliance with Section 13 of the Uen Law. covenants that the party of the first part win receive the conaidentian'for this conveyaJll:e and will hold the rlcht to receiYe such conaid- eration &I a trust fund to be applied first for the purpose of payinc the COlIt of the improvement and will apply the same first to the payment of the cost of the improvement before uaing any part of the totaJ of the lIUIIe-lor any other purpose. The word "party" shaIJ be constl'\led as if it read "parties" whenever the aense of thia indenture 50 requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year fint above written. IN ltltESI!NCB OF: M ltf.~ ~~?~~. ! , ' J. I, I ~r STATE OF NEZlYORK, COUNTY OF On the I () - day of March personally carne . JALAL ELAHI NASSAU 19 64. before me to me known to be the individual described in and who exefuted the foregoing instrument, and acknowledged that he exeeuted the same. , i II" )LvM/~' LOUIS M. ALESlmr 'l\1li IllJI'MlY PIlBLlC, ST504ATE2OllOOF No. SO. ~.Ifled 1n........M~~lt4l/. ~ ~n expires . STATE OF NEW YORK, COUNTY OF On the day of 19 , before me ~Iersonally carne to Me known, WHO, being by me duly sworn, did depose and sa)' that he resides at No. that he is the of . the corporation described in and which executed the foregoing instrument; that hf: 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 direetors of said corpora- tion, and that he signed h name thereto by like order. ~ ~ <0- "-- ~. .... is ::c 5 j 0 rn fIl E- ra. ...1 0 j ~ ~ .; Z '" ..J ... b w o ii: .. o lJ) z i5 '" o lrl '" .. o w v, ::> '" o .. w lJ ~ ~ ~ l: ~ w > '" w ~ w '" \,~ j . <: ,":1 UJ o !It: C) . Ul 1Q!l ~< ~ .Ul 'Rq .;!t ;:j' IISCl 'tit; :z: '@~ lIS .. .5 ~ ;! ..~ ~ """ ~ . = CL. ~ ,..., - - "" .,. :a:: UBER5511 PAGE545 55. , be! ore me If YOIUC, COUNTY OF day of 5S 19 o be. the ipdividual described in and who ent, and acknowledged that 55. &:i. , b..fore me the lndiyjduaJ g instrument; ent and saw _~..:, -:...... " ,~. said w:tn~ss, at the same time subscribed h narn~ as witr.r:ss th~reto. ....; _;:' 1 ,-: >- <C . ~...;I>- .1-a..l' . 'I-'!;;c 2: d'd' ,..-' c::u.oO ......z::t: """"..... ....O~ -u.> l=g ~< -Z ...... c:: I , ~ >- ~ :z: w ... ~ <>.. '" :z: :e " <=> <=> , ~ in '" w , 0 s: , ,j ~ z .... I 0 '" ;:.... is '" :E w "" :z: .... ... d E:-. ~ .... "" ......... ;; ..... => 0= en "L, I o ~ "" 2!: G) ~ 0 '5 I .., Cl I 00 .::: .... .... I z ~ .... --I .., .., ::::: ..... ..... ~ 0 :z: ~ ~ 0= , ... I ~ "" :z: ~ ... l? ~ ... I '" " = w .... z :e ... I [ J ~ " liofi ~ g U ..lll ..& .-I ~.~..~~ .It .... " ::s e ofi ~rn ~ . >,j:Q - ~ ~.& t ~ ~ 8 ~ i g~ l ' ~ lli ::a .& "'" ]~ .. .t".' ...1:, . '.q-" . -.i c: .1 UL. a:. L:- a ~ :z '-- '.-., \ ~ \. \ ~ ~ 1; ~;.; l CORDED MAR 11 1964 @ / -.=:t:) PM. NORMA""'{ KLIPP , a.. >- Clerk ot Suffolk. CoulIII a.. I- ...J :z x:;lL.::> .Oc l).I~.:: r , N.Y.a.T.U. Form 100e (Allo adopted RJI B.lltandlll'd polley form by the New YOJ'k State Title AIl.oclatlon) Revised elfeetlve 1_1.63_EPCO._tlSM_6_63. American Title Insurance Company GUARANTEED TITLE DIVISION POLICY OF TITLE INSURANCE . -.AMERICAN TIT'LE INSURANCE COMPANY, in consideration of th~ payment of iIs charges for the examination of title and its premium for insurance, in. ,. sures the within named insured against all loss or damag~ 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 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 ascer. . tained 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. In Witness Whereof, AMERICAN TITLE INSURANCE COMPANY has caused this policy to be signed and sealed on its date of issue set forth herein. ...............,.., .--'"' \NS{j"\' _ \. L>, .- .c.\.. ....... 'T A- I ," ...., I ". A. , ..0 a" 'P 0 Ii' o. 4- , , -..... .. (, .. .. .. C1 , , .. ~ r of'"" ' , ,.". 1 9 3 6 <". , , ...... Q: I 1001:: .n, , u:SE AI.:o: " -.. .:~ , 'f 0:- ".1'" ",.. '"b : . "',,:.J 0 R \ ~..'~'" - '1"71'; ......... \.~ .- , - ',\ * ...-- .. "............. -;s~ . (? Q... c.vf?e .tJ _ J - Executive Vice-President c~~----+- dn 4 Validating Officer or Agent , lie . Policy No. Date of Issue Amount of Insurance 07-15725 Marob 10, 1961l. TOWN OF SOUTHOLD ta,aoa.oo Name of Insured The estate or interest insured by this policy is a tee II11mple vested in the insured by means of DBBD ...de by J.lI.&L Kr.AHI to the I1fSURBD, dated March 10, 1964 and reoorded in the Suttolk County Clerk's Ottioe Maroh 11, 1964 in Liber 5511 op 544. SCHEDULE A , The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, pieoe or parcel ot land, situate, lying and being at Peoonio, Town ot Southola, Suttolk County, Hew York, being known and designated a. and by the lot numbers 1 and 2: on a certain up entitled, ~ap ot Peconio Shore., looated at Peconio, Long Island, property of William B. COdling,. surveyed September 1922, J.W.. Wells, C. E. and whioh map was duly tiled in the Suftolk County Clerks Otfioe on August 5, 1924 in File Number 117 ot Maps. t SCHEDULE B The following estates, interests, defects, objections to title, lien!! and incum- brances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy, except 88 herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 8. Zoning restrictions or ordinances imposed by any governmental body. 4. Judgments against the insured or estates. interests, defects. objections, liens or incumbrances created, suffered, UBW11ed or agreed to, by or with the privity of the insured. 5. Title to aDy properly beyond the lines of the premiselI, or title to areas within or rights or easements in any abutting streets, roads. avenues, lanes, 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 ordlnanees. 7. Title to any personal property, whether the same be attached to or used In connection with said premises or otherwise. 8. Survey by Otto W. Van Tuy1. Survey dated Jenuary 13, 1964 shows Tacant land. CONDITIONS OF THIS POLICY (a) Wherever the term "insured" is used in thiEl policy it indudeEl those who succeed to the interest of the insured by operation of law Includin&" without limitation, heirs, distributees, devisees. sur- vivors. personal representatives, next of kin or corporate successors, as the cage may be. and those to whom the insured has asal.gned 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 indudes the attorneys and agents of the "insured." Section Thr.e. Co.e. Where Liobility Arl.e. No claim for dama8es shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a Inal determination under which the insured may be dispoueued. evicted or ejected from the premises: or from llOIIle part or undivided share or interest therein. (b) Where there has been a Inal determination adverse to the title. upon a lien or inoumbrance not excepted in thlll policy. Section On.. D.flnltion. (b) Wherever the term "this company" is used in this policy it means American Titie Insurance Company. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated. recorded in the office of the recording .ofBeer of the county In which property insured herein lies, (c) Where the insured ahall have contracted in cood faith In wrltlnsr to sell the insured estate or Int.erlllJt, or where the Insured eHate h.. been !!Old for the benefit of the inllUl'ed purmant to the judgment or order of a court and the title has been rejected because of a defect or inl!i1mbrance not exeepted in this policy. and there heEl been a Inal determimLtion sustaininsr the objection to the title. (d) Where the IJunttanee i, upon the Interest of a mortQ'qee and the morteaae bu been adjuQed ,by.. lnal determination to be hlvaUd or ineffectual to charge the lnaured'. atate or interest In the Prem1eea. or nbJect to a prior lien or incumbrance not excepted in .thlt pOllen or "here a recordiq oftleer baa refued to aecept from the limu'ed a a&tIataetlon of the Inftred mortpae andtbere baa been a Inal detel"'" mlnatlon IlUtalnblc the refusal beeauae of a defeet In the titJe to the said mortpp. (c) Wherever the term "final determination" or "finally determined" Is used in this policy, it means the f1.nal determination of a court of competent jurladietion 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 proPerl7 insured herein as described in Schedule A of this policy including such buildlnp and improvements thereon which by law constitute real property. S.ctlon Two. Defense ond Prosecution of Suit. (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 mterest hereby Insured, or upon or under any covenant or contract relatIng thereto which it considers desirable to prevent or reduce 109s hereunder, (8) This company will, at its own coBt, defend the insured in all actions or proceedings founded on a claim of titJe or incumbrances not excepted in this policy. (I) Where the fnlW"edehaU.' containlq covelu,,"'.'~ been a llnaJdet:emd..... _<llr.' Insured. bees..., 01 . ,.,.....'.. .I:;l,.:.".:: a':31:~::i. full award for the' eiltate or' 1 ' . excepted in this Pollcy. ' ",' No claim for dam... sbaU arlat';Ci this company, after havlnsr rec*ved," removeII such defect or Ineumbra.nee WI' ". 'thlN" or (2) for lIabUlty voluntarily BliWmed by tIUf, suit without the written consent of this company. (Contitlt&8d Oft ""' Pel,.) (c) In aU cases where this policy reQ.uires or permits this company to prosecute or defend, the, insured shall sec~re to it the right and opportunity to maintain or defenll the action or proceedmg, and aU appeals from any determination therein and: givf!! it all reasonable aid therein, and hereby permits it to use therein, at it~ option, Its own name or the name of the insured. (d) .The provisions of this section shan survive payment by this company of any sueclfic loss or payment of the entire amount of this policy to the extent that this company shall deem it necessary in recovering the 1088 from those who may be liaDle therefor to the insured or to this company. r- In ease a purchaser or propOIed mortgage lender raises any ques- tion as to the sufficiency of the title hereby insured. or In case actual knowledge shall come to the insured of any claim adverse Claim to the title insured hereby, or in ease of the service on or receipt by_ the inSllred of any paper, or of any notice, summons, process or pleading in any action or proceeding, the object or efleet 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 eom- pany such paper or such notice, summons,. process or l'Ileading. Delay in giving this 'notice and delay in forwarding such paper or such notice. summons, process or pleading shall not aft'ect this company's liability if such failure has not prejudiced and caDnot in the future prejudice this company. S.ction Four. Notice of (a) This company will pay. in addition to the 10000, all statutory costs and allowances Imposed on the Insured in litigation carried on by this company for the insured under the terms of this policy. of Loss This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured. Section Five, Payment (b) In every case where claim is made for lollS 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 terminate its liability hereunder by paying or tender- ing the full amount of this policy: or (8) may. without coneeding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be ehosen by the insured and one by this company, and the two thus chosen selecting an umpire. Sueh valuation, less the amount of any incum- brances on said insured estate and interest not hereby Insured against, shall be the extent of this company's liability for such elaim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been sel"Ved upon this company, and the insured shall have tendered a conveyance or 811Signment of the insured estate or interest to this company or its designee at such valuation, diminished as aforeaaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or lease- hold interest. - (c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary intereat of such collateral holder in the premises. (d) AIl payments made by this Company under this policy shall reduce the amount hereof pro ta.nto, except (1) payments made for counBeI fees and disbursements in defending or prOSeCUting actions or proceedings in behalf of the Insured and for statutory costs and allowances Imposed on the insured in such actions and proceed- ings, and (2) if the insured is a mortgagee, payments made to satisfy or subordinate 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 lollS or damage shall be payable within thirty days thereafter. (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 co-insurer 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 established 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 foregoing 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 coats imposed on the insured in such actions or proceedings, and shall apply only to that portion of losBes which exceed in the aggregate ten per cent of the face of the pollcy. Section Six. Co-insurance and Apportionment Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B;. and provided further, such co-insurance provisions shall not apply to any 1088 if. at the time of the occurrence of sueh 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 aftectlng one or more but not all of said parcels, the loss shall be com- puted 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 sub. sequent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured ahall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been :fixed pursuant to the conditions of this policy, the insured holds another policy of insurance covering the same 1088 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 apportion- ing the loss shall have been provided by agreement between this company and the other insurer or insurera. Section Seven. If the interest insured by this policy is that of a mortgaeee, this . policy may be 811Slgned to and shall inUre to the benefit of suc- ASSignment eessive assignees of the mortgage without consent of this company of Policy or its endorsement 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 member companies for continuation of liability to aTantees of the insured in certain specific circum- stances only. In no circumstance provided for in this section shall this company be deemed to have insured the Sufficiency of the fonn of the assignment or other instrument of transfer or conveyance or to have 811Sumed any liabillty for the sufficiency of any proceedings after the date of this policy. Section Eight. (a) This company shall to the extent of any -payment by it of . loss under this policy, be aubr0(f8ted to all rights of the Insured Subrogation with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this eompany. The rights so trans- ferred shall be subordillate to any remaining interest of the insured. (b) If the insured Is a mortgagee, this company's right of subrogation 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 modifying the insured mortgage provided such acts do not aftect 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 inereased by any such act of the insured. Section Nine. Misrepre- sentation 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 Ten. 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. All actions or proceedings against this company must be based on 'the provisions of this policy. Any other action at' actions or rights of action that the insured may have or may bring against Contract 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 Eleven. Polley Entire Section Twelve. Validation and Modlftcation 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 ereating 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. .. I;; ... 1;;>: 1.1.1 >- ~ >- . ...", 1.1.1 z: Z '" ... >- at; z ....... z: .... .... . :: e: ~ U 0 .. .. z: z: CI: ~.. cz . tiMI I- in =BS' w-a ~;3 Z ::: .... a.. :;: ::l 0 ::::E :z: <( - :E = ... ~ i5Ejl5 =;5 a.. l- e; ~z ;CII~ .. - >- ~ Q ~ ." .~ ..- ... ! ,;; ~ "'E i!i .. U ::) u ~ w 51 '" u U. z: .... z ;:: - V) ~ ... ~ .... 0 . .. Z CI: 1.1.1 .. . 0 0 i5 u . - U U ... l:C c C. 0 z: ... 0 t;. - .... !i 1;;. !ii. LU CI: ~>- ~>- a:: z .... ... . I!!": .. :it; ~ ... . .... a:: c z ....z ..on .. en z: ~ 1.1.1 =- a: is ~ z: .... 8-:; ~ =z - C ~ 00 z u_ == - :E en = ...... >- ;a;C1 .....- I- Cll !ii :2.... ..-- w.... z: .::::::i lIIl: z "15 ..0 lllllli CI: - .. onz != ..... ..- 0 N \, ~ l \ J '-j ~~l ~ '\ 1Y'" '1 .'" " " ~.~ ~ "- ,l~ .~ .,~ ~ .:f ~ ~ ~ ~ ~, 6 ~, ~ 0 ~ ~ g -- . i' ~ ~!b II '- N ,. ~ i ~ ~~ , ';> I "- ~ \ ~ l t: 'f :~ 'l' Iii' I ~ l G}~ ~ ~ ~~' ~ ~ r "'f ~ r, s ,. ",,)~ ~ , ~ ~ -\ ~ ~ ~ '~ ~ ~ L 0 ~ /\A':. , ....:r I I /~.o $.30'00. ~ Lo~ No. ".c /7~.O Lo~ /'vb, / o 1 s: pOAI/ MII-'- H tlt~~ ~t' ~ ~ 1l~-~ . ~rtjt) - ~~ 1\ ). ~ en c i !i. ~~. ~ }.~N~" ~~ ~'1 ~ -~\ G ~~ N lt9 G,'. . t)- ~ ~ t-' 1:. '') ~ ( ~ . \) "