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HomeMy WebLinkAboutBender, Abraham & Dougherty Thomas P OFFIC TO RNEY LD ROBERT W. TASKER TOWN ATTORNEY TELEPHONE 477-14DO 425 MAIN ST. GREENPORT, L. I., N. Y. 11944 December 7, 1977 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Soutp.old w / Bender and Dougherty Dear Judy: Relative to the above transaction 1 enclose herewith the following: (1) Deed dated November 1, 1977 from Abraham Bender and Thomas P. Dougherty to the Town of Southold, recorded November 29, 1977 in the Suffolk County Clerk's Office in Liber 8351 of deeds at page 57. (2) Survey map. (3) Closing Statement. Will you please acknowledge receipt of the enclosed documents by signing and returning to me a copy of this letter enclosed for that purpose. 1 am also sending a photostatic copy of the deed and survey map to the Supervisor. As soon as the title insurance policy is received by us, it will be sent to you. Yours very truly, ~ ROBERT W. TASKER RWT:MY Enclosures ~.. 1\1 . 'T'tZAVELElZ STfZGEI " '1> I)" b' tl IU-- '~ ,~ '. o :'<. ....w' ,"Z ..... .ri- . " ~:' ~~. ;, "', ~ "_._-~ ~ ,s .~ ~. '.' , ':~ . . X>, ' ~. .., ...... <. . .0 " '78- .0 - c( 'N.':S9o;U'zO"E. ~ , J .,- . ...--......-..----,-. L.----., , ;:"'1f?' . ~ './ ,M~ 6i= PtzDPE:1ZTY . SU2VeYEO ~ TOWN OF 5OUTHOLO -~., - ---~._-------------- " ....-~.,.) ':'~ .:'N ;'0 ',?8 "'(>>-. hOC , ,Ui. .' ~~,'~; c -';,~ . !JI I\l .0 ...~ .~ 0'. lli . . :f ," .' OJ en ~ ',Ill 'f\} AT SoU/HoLD. SuFF=6L.~ Ccx..JNTY, N.Y. ~~. , ~.-; " -' ~:, ~"'. 'of "0 ""':- ~ , ~ ~ 't. t ~ . Scale: 4<)'';'''' _. J: 8 := mOl'1umewr en ~ t:.i--ea= 8.511 ~.f+. !D. - .~ ll\ - -, . . .,'-" ..J -"~ ~ &, ;il\: ...' -";. " :'~; -. .' -"(..<.:.", ~i.:: .. ...'.Jt, --..... - A"~ ;..-.... ';j .' .....--. ..,5.55. . . '15.~~1Q"tv. - . '4-: ~. t 8' d i, J c: < J ,~~ ~ "\'.' ,,:t' ' 0.. " I';'b':~" ,. 5+'/(. Co. 7!i~ Map ~ipi(J>tC'; Oi:Jr. /OCXi, Sec*.06/; afo~ I ,P/::zt1'cf ~ ~. Ti+fe No. IZ98874 ... i j ~~o ,-:.il.: ~IIZED";'L1...noN Ol AoDltmK., 6.xti'tl.' , ..,.>.4. -fa+ke 7CJWfr., ,h&. .5oJtI-tcki. . .. f9'1HIS "'sURVEY IS A:yIOLA,ioNGt. . . -I. ':,=~~~~:TH'~Y()l..r~'!:. o/'td'+O 7he7!{+fe ~mf:t-Cott1F-'i :~'CO'IESm:_'U..<!.....N9T~,;C. a$, ~ ,Of-+. ("'1:,l9"'f'l; ',\ . ,:::,~~~;~~:~ =;i~~.;io;o .. rz06etiMGIJ,:V~~7P'i'i;.~;AC. ." "; .. . .,.,~~.::lt;lt~~:~~f6,2'. ;,~'<-~~'::--;:/~, - '~'\.tll?r:~~;':~~ ~~'" ,~~";:~.,,, ~".:,r..-..~-,..-~:i-.:"~..,',.',',-,..~-...'.'.'.~ ". -' . ...':':'-' '.-,> ~,CA1]DHERE~stlAu..l~' :::: _r '-, _...., I-!;'."'..;'. ~.oNLY.T~fHt'PffSOt; '9R WHOM THE SU&'liv . -..:. I"~--';'J' . ~. ., ~. '"-<. .~-, ,rs.......um..Al4:l0NHI_SBatAUrO.fHf': .~" 'L:J~..~ . ~t:; ;... ~"'; 1~ >. ..~.tVLECOMPAIi1"; GOVElNMfNrAL'~-AHiJ-i.;z' 'I#:*~' '.,..... '\~<;; ,..p-'- ~.~t:;.' l~".....:tJ :......4. ":'~.IH5nRrrIOKdJSTm.""'/"-:"'-' . c.....tf ... ~ r--~~. ~~.>",;,-'~"~_";-F....;.i. , ~~. ;'19{nti ~~~;':~..'O''"':'-''''';''.'~:I'f4!':~..;:~",-'+. 0,1 ,;-;:; r. :',,:\ ~.~~ ._,~ a;~" .,.~" 'Lt-'_l-.J.'f.. :}._~...., ""....~ ";,.,~t"~~. ~~~~,.. " ,--';;;":'-'_-~! r:-I~_~'-"'~_",,,,_,, ~_"".J ....~. '.~ '-;:'.~"" '"',. ..~......,..~--ol'. ~ ,'Ji~j;"" "'7,~' '\'::~..Iof:"U"UN.'~...a.:~~'1II~i_:--".t~-.- .~~{~'t\..;...-:...,7': .~~4_~'t."~~ ;~-:.I..r,;,;;;'~>;,t.. ~Ltir. .~;'M "'. :-, . r'" t-,,~_ l..'. _ ..... .-..,_",'~ .-..-;,,:.,::'V....--.~...-;i-:...l';"'l-4:~.....::..~"-~-:::.~--'_~... _:....jph4-~ ,~"...;, +;.~,'''!',.;...- "'~~~~~:"'~' --otI:'::..~ _ t'-,...~~.-~..)_;~~ '~-, ~<.o; -....-~ '~~.-;:.Z!..:.~~~~~.~;.';,:_. ',:~.' . ;e. . ~ "' .,'~;:.~. ',' ~; ,>'- " .. '-',-",'," " :>,;,?;~.,;~.~;.~~.t ....~ . ~ F;;: "'~;1~?;~,, ~- ~': ~".:.:;ii~..."_c.!~;". . , ....". .. CLOSING STATEMENT Purchaser: TOWN OF SOUTHOLD Sellers: ABRAHAM BENDER and THOMAS P. DOUGHERTY Premises: Parcel of land on South side of Traveler Street, Southold, N. Y. Date: November 15, 1977 Purchase Price $7,000.00 ADJUSTMENTS: Credit Purchaser: Recording fee for Release of Part of Mortgaged Premises $13.00 Credit Sellers: Southold Town Taxes - 1/2 month 3.00 10.00 $6,990.00 PAID AS FOLLOWS: (1) Certified check No. 409 Federal Revenue Sharing Fund, Town of Southold drawn on Chemical Bank, dated November 17, 1977 to order of Abraham Bender and Thomas P. Dougherty $7,000.00 Less: (2) Check No. 2241 of St. John & Dougherty drawn on European American Bank dated November 15, 1977 to order of Robert W. Tasker, Esq. and Town of Southold, endorsed by Robert W. Tasker $ 6, 990. 00 10.00 .~ ~ OTHER EXPENSES OF SALE: (1) Check No. 410 of Federal Revenue Sharing Fund, Town of Southold dated November 17, 1977 to order of Roderick Van Tuyl to cover cost of survey $100.00 (2) Check No. 411 of Federal Revenue Sharing Fund, Town of Southold, dated November 17, 1977 to order of Title Guarantee Company to cover: (a) Fee Policy (b) Deed Recording Fee (c) Recording Release of Part of Mortgaged Premises $131.00 8.00 14.25 153.25 $253.25 --~...:-- -.--... -~ ..;.;-.:-. <-~:z . RNEY LD l, ROSERT W. TASKER TOWN ATTORNEY TELEPHONE 477..1400 425 MAIN ST. GREENPDRT, L. I.. N. Y. 11944 December 12, 1977 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w / Bender and Dougherty Dear Judy: I enclose herewith for filing in your office Title Guarantee Company title insurance policy No. 1298874 dated November 23, 1977 in the amount of $7,000.00 naming the Town of Southold as the insured. In order that I may have a record for my file, will you please acknow- ledge receipt of the policy by signing and returning to me a copy of this letter enclosed for that purpose. Yours very truly, ~ ",;,./ ROBERT W. TASKER RWT:MY Enclosure ='!.J 1/1l/llmmTIll 11111111111111111 II II II III II 11111 II II 11111'11 II III II II IlIffillmmlflllllll II II 11I1II1I1II1ffiTi]fIITffifITIfIIf! 1111111 If! II II II' II IIIIIII11IIIIf1III-~ .- = !~J 11111111111111 III i I II 1111111111 II 11I1111I1111111111111111111111111 II 11111111111 rr 11111111111 11111 1111111-1111111111111111111 11111111111111111111 II 11111111 III II II~ I =~ -1-- -I~- -1- TITLE INSURANCE POLICY THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and severally, together herein called "the Company," in consideration 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 or 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. BI1 ~itl1e55 ~~el'eof, the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers. PIONEER NATIONAL TiTlE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY B"~A:,.g,8~:'k"",,,, c:::r~? 9' .... I" Pre",fe.t 0, . "',y' ..' ,'. " Attest..' , ,.. ,> ~:~". S~~;~t~;.;; ----- > ~ CONDITIONS 01' TRIS POLICY J < SectlOD 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 Uthis company" is used in this policy it means The Title Guarantee Company and Pioneer National Title Insurance Company. (c) Wherever the term "final determination" or "finally deter- mined" is used in this policy, it meaDS the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) Vtherever 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. SectlOD 2 DEFENSE AND PROSECUTION OF SIDTS (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. SectlOD 3 CASES WHERE UABIUTY 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 dispossc!ssed, evicted or ejected from the premises or from some part or undivided share Qr 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 tide shall have been rejected by the proposed lender and it shall have been finally deterndncd 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 tide 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 ofsu,ch notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. SectlOD 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. SectloD II PAYMENT OF LOSS (a) This company will pay, in addition to the loss, 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. This company shall not be liable for and will not pay the fees of any counselor 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 ~ays thereafter. CONDITIONS CONTINUED ON INSIDE BACK COVER 7r)4'11)_7r>_'0tv' T"'E TIT!.E GUARANTEE COMPANY and l'ION.EF:R NATIONAL TITLe' INSIJRANCE COMPANY Name of Insured TOWN 1)[,' ~;()UrIOj;iJ The estate or intere5i insured by this policy is fee simple Policy No. 1 ~~9H~ 'I,: Amount of Insurance $ c,', 00000 Date of Issue 11 /23/7"1 vested in the insured by meons of 8. deed made bv' Abraham tend'or and Thomas P. Dougherty to the INSUltED dated~"1/1/77, recorded 11/29/77 SCHEDULE B The following estates, :nterests, defects, obicctions to title, liens and incumbrances and other matters are excepted from tho" coverage of this policy: Defects and ir.cumbr"nces "rising or becocning a lien after the date of this policy, except "Co herein provided. t 2. CoclseqlenceCo of fhe exerc:se ard enforcement or attempted enforcement of any ,"Iovernmental war or police powers cver the premises. .j ~~~~~~~~~"~~~-"~~~~** .lJ Judgme,-,ts agaimt the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the priv:ty of the insured. 5. Title to any property beyond the lines of the premises, or title to areas w:~+;n or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterway", or the riqht 10 m-1inlrJin therein vaults, tunnels, ramps, or any other structure or improvement unless this policy specifically provides that such titles, rights, or eflSemQnts are insured. Notwithstanding any provisions in this parllgraph to the contrary, this policy, unless otherwise excepted. insures the ordinary rights of access and egress belonging to abcJtting owners, ~~~~~~m~~~~~~~~~~~~.~"~M~~- ~~~~~~,~-~~~~~_~M~_~M~ flOI!l<,""_ 7. Title to any persondl properly, whether the same be attached to or used in connection with said premises or otherwise. A. Rights of tenants, if any. ~. Terms and conditions of Contract of Sale. o. No Survey by Roderick Van Tuyl dated 10/14/77 shows vacant land. variations. D. Unpaid water or sewer rent charges, if any. EFFECTIVI..: JUilL ') .., 1977 1 "" rl b" ne'il Paragranh 3 il.S follo\.,S: ,Parqarapl1s 3 ane1 6 arc reI? ace '1' s (incl uc1incr but not limi ted to **3 A Y la\.,s regula tlons or ore lnance ., . . n " . __ p' t 1 orotectinn) as to use, occu:,ancy, zon~r:g ~ ~ulldln~T __ (l~d .:..nvl.:on~c~h~ :)'r"">nisDs arlonted or ir.1T10:3c:(1 by any govern Subd.lVls~on or lL1pl.ovcmcn,- 0.... l.; ~- . ~_. I' anc~ .vith or arl" viola.tion there( ntal body or the effect of iln"! nancamp l -, < , me _ , n II Paragraph 7 is nO'-' renuml)ere,j G tk SCHEDULE "B" OF THIS POLICY CONSISTS OF c=J SHEET(S). 70~'" 7.-77 '!P\II ":.HE TinE GUARANTEE COMPA~'Y one ';"ONF-E.'" "'AT'OMA'- TfTLF- ''''5:'JPA~''::'': '::O...."'ANY Po IC}' -40. 1~~9Ij:;'t~ SCHEC ULE A The prem;59S in which the insured has th,~ cstah 0' irhred cm-'t'ed by thi, ro:iq ALL that certain plot, piece or pareel o:~ :land, situa;~'l, Ij':Lr.,g and being at Southold, Town of Southold, I:01L'1.ty of Su:~:'c,l]{ ;').r..d State of New York bounded and descrtbed a" follows: BEGINNING at a monument on the southerly ,,:lde of Trave:Le:~ Et., said monument being where the division l:Lne between prlllJcLs,= s about to be described and land now or formerly of Acaderrl:r Print Shop intersects the southerly side of rra'ieler St.; RUNNING THENCE North 59 degrees 44 minute:3 20 seconds Ea13t along the southerly side of Traveler St. LI-4.50 :~eet to land nOI~ cr formerly of Bender and Dougherty; THENCE South 29 degrees 56 minutes 10 se(~onds East along last mentioned land 189.15 feet to land now o:~ formerly of 'cown of Southold; THENCE South 60 degrees 29 minutes 10 se(~onds West along last mentioned land 45.55 feet to a monument and land now or formerly of Marvin; THENCE North 29 degrees 38 minutes 30 seeonds West along last mentioned land and land now or formerly ()f Academy Print Shop 188.57 feet to a monument on the southerl:r side of Traveler St., the point or place of BEGINNING. ----.~ .....--.--.----...-.-.- ..---- ~. CONDmONS CON'nNUED PROM INSIDE FRONT COVER SectioD 8 COINSURANCE AND APPORTIONMENT (a) In the event that a partial 1018 oecun 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 ,hall 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 premiles 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 U(a)" and U(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. SectlOD 7 ASSIGNMENT OF POllCY 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 Yark on behalf of this and other 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. SectlOD 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. SectlOD 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. SectlOD 10 NO WAIVER OF CONDmONS 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 CONTRAcr All actions or proceedingll against this company must be based on the provisions of this policy. Any other actron or actions or rights of action that the insured may have or may bring against this company in rapect of other services rendered in connection with the issuance ofthis policy, shall be deemed to have merged in and be restricted to its terms and conditions. Sectloa 12 VAUDATION AND MODIFICATION This policy is valid only when duly signed by a va1idatiRg 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:. ENDORSEMENT8 N.V.B.T.U. P'OftM 10(>1 IALSO AOOPTEO A. A STANOARO POLICV P'ORM .V TNI: NEW VOftl( STATE ANO TITLE AssoelATION) REVISI:D EFI'"ECTIVI: 7/1/.. 700.7.7'7.12M A Valuable Document CYIGJ'LB Insurance POLle<r . TITLE GUARANTEE- NEWVORK . PIONEER NATIONAL TITLE INSURANCE TleOR TITLE INSUReRS HEAD OFFICE 120 BROADWA Y, NEW YORK CITY -0- Providing direct title services or referral services throughout the United States, Guam, Puerto Rico and the U.S. Virgin Islands. 1000 Dist. 61 Sec. 1 Blk. plo 9 Lot C4) ::x:J ~ '" ...... ~ ') Sr"lldm:J !,\', Y. B. T. L:, Form 8002 * 9-73.70M_Bargain and Sale Deed, with Covenant against Grantor's Acts-IndivIdual or Corporation (Single sheet) , ,- CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 8ER 83511'AGE 57 ;:;;r THIS INDENTURE, made the / - day of November ,nineteen hundred and seventy-seven BElWEEN ABRAHAM BENDER, residing at 21 Arista Drive, Dix HillS, Huntington, New York 11743, and THOMAS P. DOUGHERTY, residing at 5 Pennington Drive, Huntington, New York 11743, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation organized and exist:in g under and by virtue of the laws of the State of New York, having its principal offices at South Street, Greenport, and at Main Road, Southold, in the Town of Southold, 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 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 being:lllDlll: at Southold, in the Town of Southold, Co un ty of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Traveler Street at the division line between land now or formerly of Academy Print Shop and the premises hereby conveyed; and running thence along said southerly line of Traveler Street North 59 degrees 44 minutes 20 seconds East 44.60 feet; thence through lands of the party of the first part South 29 degrees 56 minutes 10 seconds East 189.15 feet to land of the party of the second part; thence along land last mentioned South 60 degrees 29 minutes 10 seconds West 45.55 feet to land now or formerly of Marvin; thence along land last mentioned and said land of Academy Print Shop North 29 degrees 38 minutes 30 seconds West 188.57 feet to a concrete monument and the point or place of beginning. BEING and intended to be a portion of the premises conveyed by Florence M. Blaschack to the parties of the first part herein by deed dated December 28, 1971 and recorded in the Suffolk County Clerk's Office on December 31, 1971 in Liber 7078 of deeds at page 272. !---REC ED S___n_ _ i':EAL ESTATE NOV 29 19T1 -, 1-,., :;FER I hf.. SUFfOLK COUNiY 6861 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 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 first for the purpose of paying the cost of the improvement and will apply the s ment of the cost of the improvement before using any part of the total of the same for any 0 er __ The WQ " l 0 strued as if it read "parties" whenever the sense of this indenture so requires. .. .J!!I!<O!i:i!... ,,~ IN WlTNE58.'WHUWF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: :..) ; , ~-.i ~Jt.-/);/:;;" " , , , /2 __ ~87 ~' >r...' Ilfll~l pI&[ as staTE ~ YORK, COUNTY OF :5 (/1"";::<> 1..1< ss: On the ;.;;r;;;.y of November 19 77 , before me personally came Abraham Bender and Thomas P. Dougherty to me known to be the individua~ described in and who executed the foregoing instrument, and acknowledged that they execr A;IL/\. 17(~ , M ___J . E En y.... STATE OF NEW YORK, COUNTY OF 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 corpora- tion, and that he signed h name thereto by like order. "argain aull .ale ;lget'b \\lITH COVENANT AGAINST GRANTOT ACIG TITLE No. / cJ 9.Yff 7' ;J . ~ ABRAHAM BENDER and THOMAS P. DOUGHERTY Tit TO TOWN OF SOUTHOLD STANDARD FORM OF NEW YORK IOARD OF TtTU UNDERWRITERS . ';~.;~~RANTEE. NEW YORK A nCOR COMPANY ~-:---... ~ =,~ STATE OF NEW YORK, COUNTY OF .. On the day of personally came 19 , before me to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that ss: ST ATE OF NEW YORK, COUNTY OF 55: 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 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. 1000 61 BLOCK 1 LOT plo COUNTY OR TOWN Dist. SECTION 9 Southold ., Recorded At Request of The Tille Guarantee Company RETURN BY MAIL TO: r _..~--. . . . . 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