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HomeMy WebLinkAboutL 8377 P 321 { I . .,-..:d 1]. . 'or.o hV,- .>�. and !.I, !'•.d. .,h ro•,. .'.:.c r... 1 Aa,-:n' .,.1.! G �, .::m. {{ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY D,IS m,837PM THISIIiDEIfURE,madethe 6th dayof January , nineteen hundred and seventy-eight BETWEEN:- .,. TCOI,ONIAL- DRUGS, INC. , a domestic corporation, having its ' principal place of business at 100 Front Street, Greenport, New York, rr • , Jaz f4. , ._ !. �:�' :�.I :�a,�.�I r f't d' ,'t1J )� . .., .. ,. . .. �•i � . . "�i:. , -1 �:. DISTRICT 6fCT10N - BLOCK LOT - . 1. a of the first art,and , ® ® m IE UP =1 1 ' - i P rty P 8 12 17 21 26 DONALD KING, residing at 400 2nd Avenue, New York', New York, L­� �2 , 2S: ATE No C\! 978 party'of the second part,J) WITNESSETH, that the party of the first part, in consideration ofK - - - - - - - - - TEN ($10.00) - - - - - - - - - �, - - - - - -dollars, lawfulmoneyofthe United States, and other good and valuable 7onsiderations 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, 4 . loot ALL that certain plot, piece or parcel of land, with the buildings and improvements therton erected, situate, 1.&1 Dist. lying and being in the Village of Greenport, Town of Southold, County of Suffolk and State of New York bounded and described as follows : 4 BEGINNING at a drill hole in the concrete sidewalk on the northerly Section line of Front Street 37.40 feet westerly along said line from the wester1lr li nea?I ,nirst Street, at the southwesterly corner of land of r - -T—�.< . ; running thence along said northerly line 9 of Front Street, South 84' 33 ' 30" West 96. 20 feet to an existing BLOCK building; thence along4said existing building, North 5' 44 ' 00" West 107 .3 feet; thence in a concrete block wall through said existing building, South 84° 12 ' 40" West 90.70 feet to land of Warren 28 . 2 Kalbacker; thence along said land of Kalbacker, North 5° 39 ' 40" Lot West 41. 00 feet to the southwesterly corner of Adams Street; thence - alone the southerly line of Adatps Steek North 850 47 ' 30" East 187 .95, feet to spip jand of ^-' SCO ' '^°+ ! n thence along said land of E2�1_ Li �_�_ d' =-sem. ,rt South 5° 19' 20" East 143 .70 feet to the point of BEGINNING. SUBJECT TO the following covenants and restrictions: 1 . That no prescription drugs be sold on said premises, nor over the counter drugs, no vitamins, no cosmetic or toiletry items shall be sold on said premises for the duration of this covenant. Provided however, this covenant of restriction shall automatically terminate in the event the premises now occupied by the party of the first part at Front Street, in the Village of Greenport, shall no longer be used or engaged in the business of retail selling of drugs, cosmetics or toilet items. - 2. In the event of a violation of said restrictive covenant by the party of the second part, his heir rqt agents or assigns, the party of the first part shall have among other things, after giving the party of the second part, or the then fee owner, 60 days written notice of a breach hereof, the right to enforce said covenant by way of action or otherwise by injunctive relief and for damages. The party of the second part shall not be personally liable for breachs by his assign< 3. These covenants shall expire autglnatically by their terms on January 6, 1998. Z L C.0 lx D F. Q t;!t 1°79 \ VIdUR L iE�ICE r i "108377 fAA22 t 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 preinises 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 premism- f,:. .',•: i:..: i;_ �. 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. The grantee herein, Donald King, herebelow affixes his signature to this instrument evidencing his agreement to assume and pay the existing mortgage on the premises described hereih-which was made to the North Fork Bank and Trust_ Company, as Executor of the Estate of Frank L. Barth, deceased, by Colonial Drugs, Inc. , of even date herewith and intended to be recorded immediately before this instru- ment, on which the present remaining principal balance is $112 , 000. 00. i. i I AND the party of the first part covenants that the party of the first part has not done or suffered any-thing 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 I - 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 I PP P 'I� P Y g P 1 Y the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 7 IN PRESENCE 01: Leo S h eider, Vice President Drugs, Inc. rnLal L.S. Donald King i ::.... ..... . R : '