Loading...
HomeMy WebLinkAboutTR-5436 James F. King, President Jill M. DoherCy, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 15, 2008 John L. Hiller, Esq. 229 Seventh St. Suite 202 Garden City, NY 11530 RE: ARTHUR SKELSKI & NAN MOLOFSKY 510 BAYBERRY RD., CUTCHOGUE SCTM#111-14-36.8 Dear Mr. Hiller: The following action was taken at the Southold Town Board of Trustees Regular Meeting held on Wed., October 15, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVES the request for a Transfer of Wetland Permit #5436 from Eugene Bolter to Arthur Skelski & Nan Molofsky, as issued on October 24, 2001. If you have any questions, please contact our office at (631) 765-1892. Sincerely, OamesCF. King ~ President, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0372C Date October 14, 2008 THIS CERTIFIES that the 4'X 6' cantilevered platform, 3'X 12' hinged ramp and 6'X 16' floating dock secured by two (2) 8" dia. pilings At 510 Bayberry Rd., Cutchogue, NY Suffolk County Tax Map gl 11-14-36.8 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 9/25/01 pursuant to which Trustees Wetland Permit 5436Dated 10/26/01 was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the 4'X 6' cantilevered platform, 3'X 12' hinged ramp and 6'X 16' floating dock secured by two (2) 8" dia. Pilings. The certificate is issued to EUGENE BOLTER owner of the aforesaid property. Authorized Signature Board Of $outhold Town Trustees SOUTHOLD. NEW YORK flJ~ AND TIlE ~NG OF OJSTR~ LANDS ' ...... =::-_... 'OK 0114ER klATERIALS .~ ..OW uelUeK TOWN WATERS;~ .ed ia ~m~d.~ with tho Resolution of 1~ BGard adopted at a meeting held off ..0_?_%..~._,_. 200~:. and ~n consideration of ~ sum of 668. O0 _ ~d ......... $ ..................... p-m by South, am ' aeum~ To~. Tn.tees ~.thedz. emi perm~ tl~ feleWiag=. Wetland Perm/t to construct a timider dock to extend of/ exiating bulkhead, consist/ng of a 4~X 6' cantilevered platform; 12t h/nsed ramp; and 6~X 16t float to be secured by (3) ctiamter p/lip~. . IN' ..W~_ ESS WHEREOF,.11~ .eld Beard ef Tr.~te~ here- ~du~rmea oy a,,mlJorif~ of ~ ~ Board aS of ~b deb, Albe~ J. Krupski0 President Jamu Ring, Via~-Prszid~nt H~uy Sarah Artie Foster Ken Poliwod& Towa Hall 5.~095 Route 25 P.O. Ba~ 1179 Southold, Ne~v York 11971-0959 'l'elepl~me (631) 765-1892 Fax (631) 765-1366 October 26, 2001 BOARD OF TOWN TRUffI~ES TOWN OF SOUTHOLD M~. Robert E. Hm'mann En-Consultsnt~ Inc. "'-' 1329 North Sea Rd. Sonthamptoa, Ny 11968 RE: EUGENE BOLT]~ 510 ~ayberry Rd., Cutcho~ue sc'rlv~l 11-14-36.1 &36.3 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular me~ing held on Wedns~day, October 24, 2001 re~arding the above matter: WHEREAS, Eh-Consultants, Town Inc. on behalfofEUGF, aNE BOLTER applied to the Southold Trustees for a permit under the pwvisions of the Wetland Ordinancc of thc Towa of Southold, application dated September 25, 2001, and, W'H~RBA~, ' for their smd application wa~ rofiaved to'the Southold Town findings and reoo__m_mondations, and, Conservation Advisory Council WHEREAS, a Public Hearing was held by the Town Trustees with respect to ?'d application on 2d~ber 24, 2001, at which time all inte~sted perzow wet~ givea an opporttmity to be heard, WHEREAS, the Board members have personally viewed and arc ~mliUar with th~ pr~niscs in question and the surrounding area, and, WI~REAS, thc Boanl has considered all thc testimony and documentation submitted coiacerning this application, and, WHEREAS, ~ho structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS. the Board h~ determined that the project as proposed will not affect the health, aafety and general welfare of the people of the town, 90190 B~Vd 950D~9ZI£9 9§:Z0 BOOg/I£/ZO NOW THI~REFOR~ BB IT, RESOLVED, that thc Board of Trustees approve the al)pi/cation oFEUGENE BOLTER to constrm:l a timber dock to extend offexisting bullrim~, consisting of a 4'X 6' cantilevered platform; 3'X 12' hinged ramp; and 6'X 16' float to be secured by (2) 8" diameter pRin~. BI/IT FURTHER R.E$OLVF, D that tiffs det~in_~.'on ahotlld not be ootls/dered a determ!~_n_~on s~;'~r~lD~.~ or ,~*ncy. whioh may also have an appiic~ion Permit to conslruot and complete pmjeot will expire two years from tho date it is signed, l:e~s must be paid, if applicabMrand permit issued within six months of the dat~ of this nolificalion. Two inspections are required and the Tnmteea are to be notified upon completion ofsa/d projoct. Very truly yours, Pr~ide~t, Board of Trustees DEC ACE Dept. of State James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 15, 2008 John L. Hiller, Esq. 229 Seventh St. Suite 202 Garden City, NY 11530 RE: ARTHUR SKELSKI & NAN MOLOFSKY 510 BAYBERRY RD., CUTCHOGUE SCTM#111-14-36.8 Dear Mr. Hiller: The following action was taken at the Southold Town Board of Trustees Regular Meeting held on Wed., October 15, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVES the request for a Transfer of Wetland Permit #5807 from Eugene & Mary Jane Bolter to Arthur Skelski & Nan Molofsky, as issued on September 24, 2003. If you have any questions, please contact our office at (631) 765-1892. President, Board of Trustees JFK:lms Board Of Southold Town Trustees SOUTHOLD, NEW YORK PGRMIT NO. ~O...? DATE: ~.e.p.t. 24~..g003 ISSUED TO ....... ~,.U...g.~bl~.~ L~L1L~.. j~NZ¢...~O r .T,&i~ ............................... AuU~arizatiau t~e St,~u~o'ua'n't to..fl~, provhMm, of ~ee 615 ef flu Laws ~S~D~TOW ' ,-, ~ · N WA~,~ ~ ~ ~a~ ~ ~ '2~ end In ~s~afi~ ~ ~ ~ ~ ~00.00 IN' ..W _~ESS WHERrd:)F. 11,o u'd ~ -r ~r ..... ~ -m-w~ue~ ay & majQrJJy of file rakl Boaed es of ' '" Towu 1'I~11 53O95 Route 25 P.O. Boar 11'/9 Sour, hold, New Yoek 119'/1-0959 Fe~ (~1) 76~-1866 , BOARD 01~ TOWN 'I'RUSTP.,B$ *.. TOWN OF SOUTHOLD September 29, 2003 Mn Rob Hen~mun Pm-Co~sdt~, ~. 1329 No~d~ Sea Road outhampm 11968 Dear Mr. Hm'*mann: The Board of Town Tru~tee~ took the following September 24th, 2003 regarding the above matter.a~ti°a during a Regular Meeting, held on Onthlanoe of the Town of $0 ,~la .~",~.~.--P~-'., ~m~l.er D~e .1~o__~o~ of tho W~tland uthold, "'v'~',~,~'.,u ua~m aUgus~ 22-', 2003 ~j. maid a~. licafiou was ~ to the $ou~hold Town Cons~'vafion Advizory Coundl mca' mmom~ and {'e0Omm_ e~o{~, WI'IFIm~AS, a Public Hea.,iug warn held by the Towu Tmste~ with zespcct to said applicatiou ou September 24, 2003 at which time all inteteated penmne were given an opportunity to be heard, WHBRBAS, the Board membem have permouaUy viewed ami aa'e ~uufliat with the ptemiaca in que~lion aad the autmuadiug azea, ~ WHP_,R.E~, the Boa~! has considered all ~e tesfimouy and documentation submitted concemiug this applicatiou~ aud, WHERaBAS, the structure complies with the s~udard set forth in Chapter 97-18 of the Southold 9o/90 ~D~d 960~9LI£9 99:L0 800glI£1LO 2 Town Code. WHEREAS. the Board has de~mnin~ ~ the project as proposal will not al~ct ~t~ h~mlth, Safely and g~mral welfare of the people of the ~own. NOW, TItBR~OI~ BI~ IT, RESOLVED, ~ ~he Board o~Tmste~ approval a W~d~nd Permit for EUGENE & MAlty ANN BOLTER ~o remove and r~plar~ in plsce approxim~l¥ 74 linear £e~ of exisfin~ limber m n'om aa -,qand ...... ';-~ .... ~d fill · --,- ~,,,w. ~ m~°raruy remove aun~ constructioa and replace (i~ kind, in place) existing deck, platform ami dock a ~en foot non-v.u-f buffer be ma/n~ined.. Fee must be paid. il'applicable and permit issued within six months of thc d~*e ofth;.~ notification. Ifinspeclious am required, at a fee of $5.00 per iuspection ($eg a~lached schedule). FF.~: $5.00 Very Waly yours, Board of Tru~t~ AlY,/cjc cc: DEC 90/90 BB~d 9$oPsgzIEB 9S:Z0 800~/IE/~0 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fox (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0348C Date: August 8, 2008 THIS CERTIFIES that the remove/replace in-place approximately 74' of timber bulkhead with vinyl bulkhead At 510 Bayberry Road~ Cutchogue, New York Suffolk County Tax Map # 111-14-36.1 & 36.3 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 08/22/03 pursuant to which Trustees Permit # 5807 Dated 09/24/03 was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the remove/replace in-place approximately 74' of timber bulkhead with vinyl bulkhead The certificate is issued to EUGENE & MARY ANN BOLTER owner of the aforesaid property. Authorized Signature teGCOUNTYpr®er i~OFlaxSUFFOLKserv[ce ~ger~ © ~ ~ SOUTHOLD W'UNNEWETA POND (~D~ > ~.25') 8' PIUNG ...... ... 6' X 16' ;~' X 12' RANIP 4' X 6' PLATFORM O qASSAU POINT / / EN-CONSULTANTS INC. 1329 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 107.18' WLI,,I~A F'OI,~. OJfO'Oz3,E I~OLF. C. Z2t, NIY. l~W 5t~10P 2 ~)/12/01 --.-t 6' PI. OAr t'-- CllON 114k:TI /~/-. 2' - 6': /~I.W -- O' - 0:' 2) 8II PILJ~5 POCK EN-CONSULTANT$ INC. 137B NOt'TH SEA RD. SO!JTHA;.';PTON, N.Y. 11968 631-283-6360 RRORO~P 1200"1(, FOR I~LI~NE ON WLNNI~WPrA ?ONP, CIJfCHO~LF. 51JI::FODK COLNI'Y, NI~W YOI~ 5HI~Y :2 01:: :2 ~?/12/Ol 89/25/2888 11:41 16312987533 MOGIVNEY PaGE 81/81 WUNNEWETA POND I ; ; / Brewer Yacht Yard at Greenpod, Inc. - SCTM#43-3-2 Carol Pufahl - SCTM#87-2-25 Paul T. Bentancourt - SCTM#22-2-6 Henry & Diane Hobbs - SCTM#104-4-9 Robed Celic - SCTM#123-8-29 Robert Bombara - SCTM#54-4-19 Steven & Olga Tenedios - SCTM#23-1-14.1 Kimogenor Point Co. - SCTM#116-6-24.1 John Severini - SCTM#35-4-28.27 Kimberly Mueller - SCTM#123-3-19 Alan Cardiinale Jr.- SCTM#118-1-9 Fred Dacime - SCTM#27-2-4 Judie Lizewski - SCTM#137-4-10.1 Gall Rerisi - SCTM#76-1-15.3 Victor Rerisi - SCTM#76-1-15.6 Howard Ludecker - SCTM#87-5-3 IV. RESOLUTIONS-ADMINISTRATIVE PERMITS: 1. Young & Young on behalf of ANNE MARIE MCVEIGH requests an Administrative Permit to construct a second-floor addition to an existing single-family dwelling. Located: 2375 Great Peconic Bay Blvd., Laurel. SCTM#127-8-15 V. APPLICATIONS FOR EXTENSIONS/TRANSFERS/AMENDMENTS: 1. CHERYL HANSEN requests the last One-Year Extension to Permit #6242, as issued on November 16, 2005. Located: 405 Williamsburg Rd., Southold. SCTM#78-5-17 Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO-DUNNING requests the last One-Year Extension to Wetland Permit #6257 and Coastal Erosion Permit #6257C, as issued on December 21, 2005 and Amended on June 18, 2008, and as depicted on the revised plans last dated September 17, 2008. Located: 925 Stephenson's Rd., Orient. SCTM#17-1-2.1 3. Samuels & Steelman on behalf of JONATHAN ZANO requests the last One-Year Extension to Permit #6247, as issued on November 16, 2005. Located: 370 Takaposha Rd., Southold. SCTM#87-6-7 t~ 4' Patriciac' MOOre' Esq' On behalf Of BENALl' LLc requests a Transfer Of Permit #6325~ from Shirley Kram to Behalf, LLC. Located: 1275 West Cedar Point Dr., Southold. __ SCTM#90-1-2 John Hiller, Esq. on behalf of Eugene & Mary Jane Bolter requests a Transfer of Permit #5807 from Eugene & Mary Jane Bolter to ARTHUR SKELSK! & NAN MOLOFSKY, as issued on September 24, 2003. Located: 510 Bayberry Rd., Cutchogue. SCTM#111-14- 36.8 John Hiller, Esq. on behalf of Eugene & Mary Jane Bolter requests a Transfer of Permit -4.~ ..'~ ~ L~ #5436 from Eugene & Mary Jane Bolter to ARTHUR SKELSKI & NAN'MOLOFSKY, as Board of Town Trustees Town of Southold 53095 Route 25 Southold, N.Y. 11971 ~0959 VIA EXPRESS MAIL Re: JOHN L-HILLER ATTORNEY AT LAW 229 SEVENTH STREET SUITE 2O2 GARDEN CITY, N.Y. 11530 516-248-3800 Fax 516-248-6289 510 Bayberry Road September 2008 Cutchogue, r , - N.Y. ~~935 ............... ~ ......... Dist: 1000 Sect: 111.00 BIk: 14.00 Lots: formerly 036.001 & 036.003 New Lot No.: 036.008 Honorable Board of Trustees: P/ease be advised that I represent Eugene Bolter and Mary Jane Bolter, his wife, who are the , o Sell the subject ,,re,--~-~ +., ^...~ and are under a Contr et ~, .... represented by Julie M ~c~?~.~.°~''u tour Skelskie and Nan M;]~.S.~e' d. atea. as of 25July · '"~y, ~sq., 13705 ~a~i, ~ ~ ,, -~'~"Y, nusoana and ....... oau, ~vmtfithck, N Y ' .... e, who are number 631-929.5304. The said sale is now scheduled to close title on 15 October 2008. · · t ~ v>z, telephone With respect to the subject premises, the Board of Southold Town Trustees has issued Permit No. 5807, dated 24 September 2003 and Permit No. 5436 dated 26 October 2001. Request is herewith respectfully submitted for the Board said perm/ts to Arthur Skelskie and Nan premises, of Southold Town Trustees to transfer the Molofsky, the purchasers of the above referenced Enclosed herewith please find: Two (2) checks, drawn on my attorney account, each in the amount of fifty ($50.00) dollars payable to the Board of Trustees Town of Southold; A photostatic copy of the Contract of Sale; Photostatic copy of Permit No. 5807 together with Board letters dated 29 September 2003 and 8 August 2008; and Photostatic copy of Permit No. 5436 together with Board letter dated 26 October 2001. Bolter to Skelskie and Molofsky page 2 If you have any questions with respect to this request please do not hesitate to contact the undersigned. Thank you for your attention to this request. Very respectfully, JLH: me Encls. WCA-! :rial Contract of Sale) (11/2o Jointly prepared by the Real Property Section of the New York State Bar Association. the New York State Land Title Associatiot~, the Committee on Real Ptvper~ Law of the Association of the Bar of the CiO, of New Ym'k and the Comntittee on Real P vperty Law of the New York County Lawyers~ Association. WARNING: NO REPRESENTATION IS MADETHATTHIS FORM OF CONTRACT FORTHE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless dif- ferent provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser respon- sible for fire and casualty loss upon taking possession of the Premises before the tide closing. Residential Contract of Sale C0ntrart 0f ,ale made as of JULY , 2008 EUGENE BOETER and M. ARY JANE BOLTER, his wife Address: 90 Fourth Street, Garden City, N.Y. 11530 Social Security Number/Fed. I.D. No(s): ~{l~lgl~ md ~l~l~,~ ARTHUR SKELSKIE and NAN MOLOFSKY! Address: 65 N. Moore Street, #4B, New York, N.Y. 10013 Social Security Number/Fed. I.D. No(s): BETWEEN hereinafter called "Seller" and hereinafter called "Purchaser". ~Oe partie~ [lerebp agree 1. Premises. Seller shall sell and convey and Purchaser shall pur- chase the property, together with all buildings and improvements there- on (collectively the "Premises"), more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also ki~own as: Street Address: 510 Bayberry Road Cutchogue, N.Y. 11935 TaxMapDesignation:Dist: 1000 Sect: 111.00 Blk: 14.00 Lot$:~O,6 Together with Seller's ownership and rights, if any, to laffd-I~i'ng m the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on demand, any docu- ments that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. This sale also includes all fixtures and articles of personal property now attached or appurtenant to the Premises, unless specifically excluded below. Seller represems and warrants that at Closing they will be paid for and owned by Seller, free and clear of all liens and encumbrances, except any existing mortgage to which this sale may be subject. They include, but are not limited to, plumbing, heating, lighting and cooking fixtures, chandeliers, bathroom and kitchen cabinets and counters, mantels, door mirrors, switch plates and door hardware, venetian blinds, window treatments, shades, screens, awhings, storm windows, storm doors, window boxes, mail box. TV aerials, weather vane, flagpole, pumps, shrubbery, fencing, outdoor stat- uary, tool shed, dishwasher, washing machine, clothes dryer, garbage disposal unit, range, oven, built-in microwave oven. refrigerator, freez- er, air conditioning equipment and installations, wall to wall carpeting and built-ins not excluded below (strike out inapplicable items). Excluded 'l~'om this sale are furniture and household furnishings and [.j,,~[[~[~i~ 3. Purchase Price. The pumhase price is $ 2,206,250.00 payable as follows: {al on the signing of this comract, by Purchaser's good check payable to the Escrowee (as hereinafter defined), subject to collection, the receipt of which is hereby ac~owledged, to ~ held in escrow pursuant to paragraph 6 of this contract (Ihe "Downpeyment"): * 220,625.00 lb) by allowance for tbe principal amount unpaid on the existing mortgage on the date hereof, payment of which Purchaser shall assume by joinder in the deed: $ N/A lc) by a purchase money note and mortgage from Purchaser to Seller: $ N/a (d) balance at Closing in accordance with paragraph 7: $ 1,985,625.00 to an existing mortgage as indicated in paragraph 3lb) above: la) The Premises shall be conveyed subject to the continuing the existing mortgage, which is presently payable, with intere rate of percent per annum, in monthly of $ which include principal, interest ~ escrow amounts, if any, and with any balance of principal due and payable on (b) To the extent that any required payments are mortgage between the date hereof and Closit principal amount thereof below the amount show~ then the balance of the price payable at Closin shall be increased by the amount of the represents and warram stantially correct and ~ mortgage will be made between the date (el If there is a mortgagee escrow Purehasen amount in the escrow Id) Seller shall d more than 30 da) mortgage, principal, the date any, claimed to be un Seller shall the existin 274-a of th~ a letter signed by more then (el Seller existin thai ~n the existing paragraph 3lb), paragraph 3(d) is sub- , the existing 2losing. Seller shall assign it to pay the al Closing. ~g a certificate dated not y the holder of the existing certifying the amount of the unpaid has been paid and the amounts, if , itemizing fl~e same. such certificate. If the holder of ~ bank or other institution as defined in Section ~ Law it may, instead of the certificate, furnish authorized officer, employee or agent, dated not before Closing, containing the same information. and warrants that (il Seller has delivered to and complete copies of the existing mortgage, the note any extensions and modifications thereof, (ii) the not now. and at the time of Closing will not be, in existing mortgage does not contain any provismn the holder of the mortgage to require its immediate pay- full or to change any other term thereof by reason of the sale or be a purchase money mortgage as indicated~ (al The purchase mon~age shall be drawn by the attorney for Se~rm attached or. if not. in the standard form ney's fees in the amount of $ for its preparation (b) The purchase money note and mortgage shall also I is subject and subordinate to the lien of the existin e and any extensions, modifications, lng mortgage, provided that (i) the greater than thereunder shall not be greater than $ (ii) if the principal amount thereof owing and unpaid on the existi new mortgage er of such of. The purchase: to the holder any, of of the exist- not be the amount of principal ~ at the time of placing such the excess be paid to the hold- ~ in reductimt of the principal there- mortgage shall also provide that such payment ~all not alter or affect the regular installments, if : therefor, execute, acknowledge and deliver 6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") shall bold the Downpayment in escrow in a segregated bank account at C01~IERCE BAblK address Garden C±Cy, 1'I.¥. 11530 until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall hold the Downpayment in aln) interest-bearing account for the benefit of the parties. If interest is held for the benefit of the par- ties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon. If inter- est is not held for the benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. If Escrowee does receive such Notice of objection within such 10 day peri- od or if for any other reason Escrowee in good faith shall elect not to make such payment. Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (h) The parties acknowledge that Escrowee is acting solely as a stake- holder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Pnrchaser jointly and severally (with right of contribution) agree to defend (by attorneys selected by Escrowee). indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining frmn action upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpaymant by check subject to collection and Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escmwee or any member of its faro shall be permitted to act as coun- sel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in pos- session of the Downpaymant and continues to act as Escrowee. (f) The party whose attorney is Escrowee shall be liable for loss of the Downpayment. 7. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: (a) Cash. but not over $1.000.00: (b) Good certified check of Purchaser drawn on or official check issued by any bank. savings bank, trust company or savings and loan association having a banking office in the State of New York. unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon reasonable prior notice (by telephone or otherwise) to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing. uncertified check of Purchaser up to the amount of $ 2?Lr~q IiO{~O.~' ;and (d) As otherwise agreed to in writing by Seller or Seller's attorney. 8. Mortgage Commitment Contingency. (Delete paragraph if inapplicable. For explanation, see Notes on Mortgage Commitment Comingency Clause.) (a) The obligation of Purchaser to purchase under this contract is con- ditioned upon issuance, on or before days after a fully executed copy of this contract is given to Purchaser or Purchaser's attorney in the manner set forth in paragraph 25 or sub- paragraph 80) (the "Commitment Date"), of a written commitment from an Institutional Lender pursuant to which such Institutional Lender agrees to make a first mortgage loam other than a VA. FHA or other governmentally insured loan, to Purchaser, at Purchaser's sole cost and expense, of $ ~ ~ ~)l~('~. ~or a term of at least 30 years (or such lesser sum or shorter term as Purchaser she be willing to accept) at the prevailing fixed or adjustable rate of interest and on other customary commitment terms (the "Commitment"). To the extent a Commitment is conditioned on the sale of Purchaser's current home, payment of any outstanding debt. no material adverse change in Purchaser's financial condition or any other customa~ conditions, Purchaser accepts the risk that such conditions may not be met; howev- er, a commitment conditioned on the Institutional Lender's approval of an appraisal shall not be deemed a "Commitment" hereunder until an appraisal is approved (and if that does not occur before the Commitment Date. Purchaser may cancel under subparagraph 8(e) unless the Cormnitment Date is extended). Purchaser's obligations here- under are conditioned only on issuance of a Commitment. Once a Commitmant is issued, Purchaser is bound under this contract even if the lender fails or refuses to fund the loan 5:r (b) Purchaser shall (i) make prompt application to one or. at t~i~ Purchaser's election, more than one Institutional Lender for such mort- gage loan, (ii) furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, (iii) pay all fees, points and charges required in connection with such application and loan, (iv) pursue such application with diligence, and (v) cooperate in good faith with such Institutional Lander(s) to obtain a Commitment. Purchaser shall accept a Commitment meeting the terms set forth in subparagraph 8(?) and shall comply with all requirements of such Commitment (or any other commitment accepted by Purchaser). Purchaser shall furnish Seller with a copy of the Commitment prompt- ly after receipt thereof. (c) (Delete this subparagraph if inapplicable) Prompt submission by Purchaser of an application to a mortgage broker registered pursuant to Article 12-D of the New York Banking Law ("Mortgage Broker") shall constitute full compliance with the terms and conditions set forth in subparagraph 8(b)(i), provided that such Mortgage Broker promptly submits such application to such Institutional Lender(s). Purchaser shall cooperate in good faith with such Mortgage Broker to obtain a Commitment from such Institutional Lender(s). (d) If all Institutional Lenders to whom applications were made deny such applications in writing prior to the Commitment Date, Purchaser may cancel this contract by giving Notice thereof to Seller. with a copy of such denials, provided that Purchaser has complied with all its obili- gafions under this paragraph 8. (e) If no Commitment is issued by an Institutional Lender on or before the Commitment Date, then, unless Purchaser has accepted a written commitment from an Insitutional Lender that does not conform to the terms set forth in subparagraph 8(a), Purchaser may cancel this contract by giving Notice to Seller within 5 business days after the Commitment Date, provided that such Notice includes the name and address of the Institutional Lander(s) to whom application was made and that Purchaser has complied with all its obligations under this paragraph 8. (f) If this contract is cancelled by Purchaser pursuant to subpara- graphs 8(d) or (e), neither party shall thereafter have any further rights CONT[N~ J~D ON' 13qg~.RT WCA- 1( 11 ~2000) agains or obngations or liabilities to, the other by reason of this con- tract, except that the Downpayment shall be promptly refunded to Purchaser and except as set lbrth in paragraph 27. (gl If Purchaser fails to give timely Notice oT-da~hTellation or if Purchaser accepts a written commitment/Yom an Institutional Lender that does not conform to the terms set forth in subparagraph 8(al. then Purchaser shall be deemed to have waived Purchaser's right to cancel this contract and to receive a refund of the Downpayment by reason of the contingency contained in this paragraph 8. (h) If Seller has not received a copy of a commitment from an Institutional Lender accepted by Purchaser by the Commitment Date, Seller may cancel this contract by giving Notice to Purchaser within 5 business days after the Commitment Date, which cancellation shall become effective unless Purchaser delivers a copy of such commitment to Seller within 10 business days after the Commitment Date. After such cancellation neither party shall have any further fights against, or obligations or liabilities to, the other by reason of this contract, except that the Downpeymem shall be promptly refunded to Purchaser (pro- vided Purchaser has complied with all its obligations under this para- graph 8) and except as set forth in paragraph 27. (il For purposes of this contract, the term "Institutional Lender" shall mean any bank, savings bank, private hanker, trust company, savings and loan association, credit union or similar banking institution whether orga- nized under the laws of tIns state, the Untrod States or any other state; for- eign banking corporation licensed by the Superintendent of Banks of New York or regulated by the Comptroller of the Currency to transact business in New York State; insurance company duly orgainzed or licensed to do business in New York State; mortgage banker hcensed pursuant to Article 12-D of the Banking Law; and any instrumentality created by the United States or any state with the power to make mortgage loans. (j) For purposes of subparagraph 8(al, Purchaser shall be deemed to have been given a fully executed copy of this contract on the third buiness day following the date of ordinary or regular mailing, postage prepaid. 9. Permitted Exceptions. The Premises are sold and shall be con- veyed subject to: (al Zoning and subdivision laws and regulations, and landmark, his- toric or wetlands designation, provided that they are not violated by the existing buildings and improvements erected on the property of their use; lb) Consents for the erection of any structures on, under or above any streets on which the Premises abut; lc) Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway; (d) Real estate taxes that are a lien, but are not yet due and payable; and (el The other matters, if any, including a survey exception, set forth in a Rider attached. 10. GoVernmental Violations and Orders. (al Sel[er shall comply with all notes or notices of violations of law or municipal ordiuances, orders or requirements noted or issued as of the date ~:cr2:-c by any governmental department having authority as to lands, 'housing, buildings, fire, health, e, nvironmental and labor condi- tions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. lb) (Delete if Inapplicable) All obligations affecting the Premises pursuant Io the Administrative Code of the City of New York incurred prior to Closing and payable in money shah be discharged by Seller at or prior to Closing. 11. Seller's Representations. (al Seller represents and warrants to Purchaser that: (il The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and transfer the same in accordance with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for pur- poses of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA"); (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been 'known by no other name for the past ten years, except none lb) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. lc) Except as o~erwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obligations con- tained in this contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspec- tion and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives, and shall accept the same "as is" in their present condi- tion and state of repair, subject to reasonable use, wear, tear and natur- al deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(el), without any reduction in the purchase price or claim of any kind for any change in such condition by mason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the Premises before Closing. 13. Insurable Title. Seller shall give and Purchaser shall accept such title as any reputable Title Insurance Company licensed by the State of New York shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 14. Closing, Deed and Title. (al "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Sefier, and the delivery to Purchaser of a Bargain and Sale with covenant deed in proper statutory short form for record, duly executed and acknowledged, so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances, except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. lb) If Seller is a corporation, it shall deliver to Purchaser at the lime of Closing (il a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (ii) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such ease shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of JOHN L. HILLER, ESQ. on.o~ ab _ phone or otherwise) by Purchaser, at the office of Purchasers leading institution located in Nassau or Suffolk County 16. Conditions to Closing. This contract and Purchaser's obligation fulfillment of the following conditions precedent: (al The accuracy, as of the date of Closing, of the representations and lb) The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or other required certificate of compliance, or evidence that none was required, covering the building(s) and all of the family dwelling~at the date of Closing.~ lc) The delivery by Seller to Purchaser of a certificate stating that Seller is not a foreign person, which certificate shall be in the form then required by F1RPTA or a withholding certificate from the IRS. If Seller fails to deliver the aforesaid certificate or if Purchaser is not entitled under FIRPTA to rely on such certificate, Purchaser shall deduct and withhold from the pumhase price a sum equal m 10% thereof (or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. Id) The delivery of the Premises and all building(s) and impix)ve- (el All plumbing (including water supply and septic systems, if any), heating and air conditioning, if any, electrical and mechanical systems~ equi~oment and machinery in the building(s) located,on the property and all appliances which are included in this sale being in working order as of the date of Closing. ROOF ~'REE OF LEAKS, (f) If the Premises are a one or two family house, delivery by the par- ties al Closing of affidavits in compliance with state and local law requirements to the effect that there is installed in the Premises a smoke detecting alarm device or devices. (g) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, centified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mort- gage, if any. shall be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any t~quired tax returns duly executed and sworn to. and such party shall cause any such checks and returns to be delivered to the appropriate offi- cer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shalt survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessn~ents. (a) To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: (i) [axes, water charges and sewer rents, on the basis of the fiscal peri- od for which assessed; (ii) fuel: (iii) interest on the existing mortgage; (iv) premiums on existing transferable insurance policies and renewals of those expiring prior to Closing; (v) vault charges: (vi) rents as and when collected. (b) If Closing shall occur before a new tax rate is fixed, the appor- tionment of taxes shall be upon the basis of the tax rate for the immedi- ately preceding fiscal period applied to the latest assessed valuation. (c) If there is a water meter on the Premises, Seller shall fumish a reading to a date not more than 30 days before Closing and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. (d) If at the date of Closing the Premises are affected by an assess- ment which is or may become payable in annual installments, and the first installment is then a lien. or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reasonable time fol- lowing Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid 'Iaxes, etc. Seller has the option to cred- it Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five busi- ness days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Closing ther~ are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the pot- chase price to pay or discharge them, provided Seller shall simultane- ously deliver to Purchaser at Closing thstrun~ents in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient monies with the title insurance company employed by Purchaser acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon reasonable prior notice (by telephone or otherwise), Purchaser shall provide separate certified or official bank checks as requested to assist in cleating up these matters. 21. Title Examination; Seller's Inability to Convey; Limitations of Liability. (a) Pumhaser shall order an examination of title in respect of the Premises from a title company licensed or authorized to issue title insur- ance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this con- tract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be deliv- ered to the attorney(s) for Seller promptly after receipt thereof. (b)(i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (heroin collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price, then. except as hereinafter set forth, Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remove, rem- edy, discharge or comply with such Defects or to cancel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire), and the date for Closing shall be adjourned to a date spec- ified by Seller not beyond such period. If for any reason whatsoever. Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjournment(s), and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existing mort- gage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or lia- bilities against or to the other hereunder or otherwise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Pumhaser and, unless cancelled as a result of Purchaser's default or pursuant to paragraph 8, to reimburse Purchaser for the net cost of examination of title, including any appropriate addi- tional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey, and (ii) the obligations under paragraph 27 shall sur- vive the termination of this contract. 22. Affidavit as to Judgments, Bankruptcies, etc. If a title exami- nation discloses judgments, bankruptcies or other returns against per- sons having names the same as or similar to that of Seller, Seller shall deliver and affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedies. (a) If Purchaser defaults hereunder. Seller's sole remedy shall be to receive and retain the Downpayment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. (b) If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to. specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are hereby made liens on the Premises. but such liens shall not continue after default by Purchaser under this contract. 25. Notices. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowl- edged, to the respective addresses given in this contract for the party and the Escmwee, to whom the Notice is to be given, or to such other address as such party or Escrowee shalt hereafter designam by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third busi- ness day following the date of mailing the same. except that any notice to Escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered, or party's attorney. Each Notice by fax shall be deemed given when trans- mission is confirmed by the sender's fax machine. A copy of each Notice sent to a party shall also be sent to the party's attorney. The attor- neys for the parties are hereby authorized to give and receive on behalf of their clients all Notices and deliveries. This contract may be delivered as provided above or by ordinary mail. 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any pur- ported assignment(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sale other than CENTURY 21 AGAWAM ALBERTSON and changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributes, legal representatives, successors and per- mitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plur- al and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting require- LEWIS AND NICK. LES and BROWN HARRIS STEVMl~ts. if applicable. This subparagraph shall survive Closing. ("Broker") and Seller shall pay Broker any commission earned pursuant to a separate agreement between Seller and Bmkeu Seller and Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph, The provisions of this paragraph shall survive Closing or, if Closing does not occur, the tennination of this contract. 28. Miscellaneous. (a) All prior understandings, agreements, representations and war- ranties, oral or written, between Seller and Purchaser are merged in this contract: it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any state- ment made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof may be waived, (g) Each party shall, at any time and from time to time. execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. (i) If applicable, the complete and fully executed disclosure of infor- mation on lead-based paint and/or lead-based paint hazards is attached hereto and made a part hereof. Continued on Rider attached hereto. Delete if#~applicable. JJn t 91 zr 0f, this contract has been duly executed by the~§ r,~tes/~'er/to.  s,t~,- N lofsky/ ~,,,~.h,,.,~,- Attorney for S 3ohn L. Hiller, Esq. Att~ney for P.r~aser: Julie McGivney, Esq. 229 Seventh Street ... 137~5 ~in Road Address: Suite 202 aaaress: M~tituck, N.Y. 11952 Garden City, N.Y. 11530 Tel: 516-248-3800 Fax: 516-248-6289 Tek 631-298-7535 Fax: 631-298-7533 Receipt of the Downpayment is ac~ow~edged and the undersigned agrees to act in accordance wi~ the provisions of paragraph 6 abow. . Hiller, as attorney Escmwee ntrart ale TITLE NO. EUGEN BOLTER and MARY JANE BOLTER, his wife TO ARTHUR SKELSKIE and NAN MOLOFSKY PREMISES Dist: 1000 Section 111.00 Block 14.00 Lot 036.001 and 036.003 County Suffolk Town Southold StreetNumberAddressS10 Bayberry Road Cutchogue, N.Y. 11935 Distributed by First American Title Insurance Company of New York SUFFOLK OFFICE 889 Harrison Avenue Riverhead, New York 11901 (800) 848-4888 (631) 727-5700 HUDSON VALLEY OFFICE 188 East Post Road White Plains, New York 10601 (914) 428-3433 (800) 942-1893 CORPORATE HEADQUARTERS 633 Third Avenue New York, New York 10017-6706 (212) 922-9700 (800) 437-1234 www.firstamny.com NASSAU/QUEENS OFFICE Omni Building 333 Earle Ovington Boulevard Uniondale, New York 11553 (516) 832-3200 (718) 895-3430 {800) 645-7502 DATE: SELLER: PURCHASER: PREM/SES: TO CONTRACT July 2008 SALE EUGENE BOLTER and MARY JANE BOLTER, his wife ARTHUR SKELSKIE and NAN MOLOFSKY 510 BAYBERRY ROAD CUTCHOGUE, N.Y. 1. The Pur?aser h~ the. right, at theh- own cos~ and e,rpense, to have th spected for the presence otterrrfites anct other wood desrroCng insects within ten (10)ldays fi.om the receipt of an executed contract of sale. In the event terrmte tmestanon or dama.qe ~s found, a copy of the inspection report shall be served upon the Seller's Attorney within the afgresaid ten (10) days. If no report is received with/n the said ten (10) days, the Purchaser shall be deemed to have waived this right and the Contract shall remain in full force and effect. Upon receipt of the report, the Seller shall have the opti6n to: A. Treat the term/re condition and/or repak the damage and furnish the Purchaser with a one (1) year guaranteq at the Seller's expense or · . ' b9 rmm, r Upon such refund, this contract shall be d~med canceled and of no force and effect, and neither parry shall have any further rights or remedies against the other. A FINDING OF "EVIDENCE OF INFESTATION" OR "EVIDENCE OF PREVIOUS INFESTATION" WITHOUT AN AFFIRMATIVE STATEMENT OF T]tERE BEING PRESENT LIVE TERMITE OR OTHER WOOD DESTROYING INSECT ACTIVITY SHALL BE DEE~ED A FINDING OF NO INFESTATION FOR THE PURPOSES OF THIS 'PARAGRAPH. ~.er the closing ofmle~ proxaded the Seller deposits with the Seller's A~tomev~t~. to insure the delivery of possession In the event the Seller fails to va~~; ,' ~/.~,i~-~ preauses Oy the end or the aforesaid period, the Seller s Attorney is occupancy, the sum ors 10o.0o per d~~at ~e SeC'erie,.n7~ poss o Won osmg ott~tle, all aajustments, apportioments including the per diem interest (;' ', Eugene Bolter · 'Mary J~olter ' DATE: SELLER: PURCHASER: PREMISES: RIDER TO CONTRACT OF SALE July 2008 EUGENE BOLTER and MARY JANE BOLTER, his wife ARTHUR SKELSKIE and NAN MOLOFSKY 510 BAYBERRY ROAD CUTCHOGUE, N.Y. Article 14 of the New York Real Property Law, The Property Condition Disclosure Act, requires the Seller of Residential Real Property to cause a Property Condition Disclosure Statement to b~e ~de,livered to the Buyer or Buyer's agent prior to the signing by the Buyer of a binding Contract ol~ale. The Purchaser(s) herewith acknowledge that the Seller(s) have not provided a Property Condition Disclosure Statement provided in Article 14 of the Real Property Law, known as the Property Condition Disclosure Act (the Act). In accordance with the terms of the Act, the Seller(s) shall give the Purchaser(s) a credit of five hundred ($500.00) dollars against the agreed purchase price in lieu of providing the Property Condition Disclosure Statement and the Purchaser(s) agree to accept the said five hundred ($500.00) dollars credit In full satisfaction of Seller(s) obligations under the Act. Seller(s) and Purchaser(s) here.by, agree that notwithstanding the provisions of the said Act that this is an "AS IS" sale and all of the prov~mons of paragraphs numbered "10", "11", "12" and "16" in the printed form Contract of Sale apply. The Purchaser(s) acknowledge that they have either conducted a full home inspection by a professional of Purchaser(s)' choice or that the Purchaser(s) waive the right to have a home inspection conducted after having been given a full opportunity to do so prior to signing the Contract of Sale. In no event shall Seller(s) be liable to Purchaser(s) for any damages suffered by the Purchaser(s) in excess of five hundred ($500.00) dollars represented by the five hundred ($500.00)dollar credit referred to herein above, nor shall the Purchaser(s) be entitled to make any claims for reeission or cancellation of this contract by virtue of the Seller(s)' failure to provide a Property Condition Disclosure Statement. Any action based upon the obligations of the S eller(s) under Article 14 of the Real Property Law shall be commenced within ninety (90) days of the date of Closing of Title, which shall be the agreed upon limitation date governing this transaction. This Rider and all of its terms shall survive the Closing of Title d eli ry fthe ~~) ~ [" ~d~ ~/~/~f deed. ~// ar tnur 5~e±skie ~Mary ~olter /~ ~olofs/ RIDER TO CONTRACT OF SALE DATE: July 2008 SELLER: EUGENE BOLTER and MARY JANE BOLTER, his wife PURCHASER: .ARTHUR SKELSKIE and NAN MOLOFSKY PREMISES: 510 .BAYBERRY ROAD, CUTCHOGUE, N.Y. ~,;fe., ~t~r.C, on/,I IiterLSe8 o'i1%~ K 1. Seller wilUabandon~ol'd' .undergrO.-und_oiI stom~.~ tank in c o. nfom3~ty With mumcmalj~. Cs a~d r~gulallorks' 2. Seller ~ rma~ve n~oss ahd debris_from rz,~f ?- 3. Seller will remove msty refrigerator and pile of slate from premises. 4. Heating system will be in working order at time of closing of title. 5. Generator system will be in working order at time of closing of title. 6. Jacuzzi in master bathroom will be in working order at time of closing of title. 7. Seller will have licensed exterminator remove rodent infestation from house and garage. 8. At closing of title Purchaser is responsible for and will pay applicable N.Y.S Mansion Tax. 9. At closing of title Purchaser is responsible for and will pay applicable Peconic Bay Region Community Preservation F~nJ Tax. ~0..T.4o~ ~1-:"/sl~ll I~ tomp~d .P~4o~.4'~ ..¢d,~du.h,,,- ~ cl~rt~ d~(., ard ?ueh~er a.._ml_...,-z.-z, ~__ ~,... _-7"Z'.'"~'"'-"~'';'*' . '__ d . .~. ,v, arya~Yolter Na~ ~ofsky! / Information on Lead-Based Paint and/or Lead- ased Paint Hazards 1. Lead Warning Statement. Every Buyer of any interest in residential real ro err ' dwelling was built prior to 1978 is ' P ,- . vj ... ~---=~n~ exposure to lead from lead based P~t notified that such rone~'~, ""ay n.~. .... P P y on which a residenti that may place young children at risk of developing lead poisoning. Lead poisordng in young children may produce permanent neurological damage, including learning d/sabflities, reduced intelligence quotient, beha,rioral problems, and impaired memory Lead poisoning also poses a particular risk to pregnant Women. The seller of any interest m residential real property is required to prov/de the Buyer w~th any information on lead-based paint hazards from r/sk assessments or inspections in the seller's possession an . hazards. A risk assessment or ino,~+~- ~ ........ d must notify the Buyer of any wn lea - · or~,vi, ~or posmme leaa-oased ,aln~ ~--.-= - Imo d-based oamt r ~ -a,~rus m recommended prior to purchase 2. Seller's Disclosure. a. Presence of lead-based paint and/er lead-based paint hazards (check one below): ~ The following known Iced-based paint and/or Iced-based pal~t hazards are present in the housing (explain): [] The Seller does not have knowledg'e of lead-based paint and/or lead-based pain~ b. Records and reports available to the seller (check one below): hazards in the housing. [] The Seller has provided the Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (1/st documents below). Buyer Ar~hdr Skelskie [] The Seller does not have repor~ or records permb~ng to lead-based paint in the housing, and/or lead-based paiut hazards 3. Buyer's Acknowledgment. (Please in/tial) a. The Buyer has received copies of all information listed above. b. The Buyer has ................. c. The Buyer has (check one below): ................. [] . received.the pamphlet, Protect Your Family From Lead in Your Home .................. recmved a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection [] ~v~e~ ~;s;;;r~ul~i. at~d-~s:~ p~ain~ and/,or lead-based paint hazards; or ........ : ........ ~s on~uct a rie~ assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards .................. 4. Agent's Acknowledgment. (Please initial) Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her r~sponsibflity to ensure compliance. 5. Certification of Accuracy. The following parties have reviewed the im~ormation above and certify, to the best of?heir, knowledge, that the information they have provided i~ true and accurate. Date eLlei: Ma~er Date Date Buyer/~~y Date NC132 - Disclosure [o Buysr - Information on Load-B~sed Paint and/or Lead-Ba~ed Paint Hazards. R.v. 10/96 Print dam [2/96 Data . '~19~ . ~. ~o bv ALL-S~TA. TE Legal 5 1 2 3 4 7) SCHEDULE "A" 8) ALL THAT CERTAIN PLOT, PIECE, ON A CERTAIN MAP ENTITLED "AMENDED T~pur SUFFOLK AND STATE OF NEW YO~ KNOWN AND DESIGNATED AS LOTs 215, 216, 217 AND PART OF LOTs 214 AND OF NASSAu THE OFFICE OF THE CLERK OF THE COUNTy POINT" AND FILED IN OF SUFFOLK ON AUGUST 16, MAp NUMBER 156, SAID LOTS AND PART OF LOTs WiqEN TAKEN TOGETHER 1922 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLows: BEING BEGINNING AT A POINT ON THE NORTHWESTERLy SIDE OF BAYBERRy ROAD WHERE THE SAME IS INTERSECTED BY THE OF RUST; SAID POINT B~T~ - SOUTHERLY S~ __ --~u UISTANT 325 m~m-~ uF LAND NOW mB AS MEASURED ALONG THE NORTHWESTERLY SIDE OF BAYBERRy ROAD FROM THE --~ MORE OR LESR -^~ ~URMERLY -- ~UuTHWESTERLY SOUTHWESTERLY END OF A CURVE CONNECTING THE SOUThERLy SILE OF WUNNEWE~ ROAD WITH THE NORTHWESTERLY SIDE OF'BAYBERRY ROAD; RUNNING THENCE FROM SAID POINT OR PLA NORTHWESTERLY AND wESTERL .... CE OF BEGI~,~ ALONG THE cOUrSES AND ISTA CES: - OF BAYBERRy ROA '7 FOLlOWiNG TWO 1) ALONG A TIE LINE BEARING SOUT~ WEST 61.08 FEET; 2) SOUTH 05 DEGREEs, 19 MINUTEs, 22 DEGREEs, 02 MINUTEs, 21 SECONDs 32 SECONDS WEST 184.11 FEET (ACTUAL) SOUTH 04 DEGREES, 56 MINUTES, 50 SECONDs WEST 186.96 FEET (DEED) TO LAND NOW OR FORMERLY OF MC SHERRY; RUNNING THENCE ALONG SAID LAND, NORTH 86 ' SECONDS WEST 301.92 FEET (ACTUAL), NORTH DEGREEs, 29 MINUTEs, 44 SECONDs WEST 300.00 FEET (DEED) TO T~E MEAN HIGH WATER LINE OF 86 DEGREEs, 56 MINUTEs, 10 WUNNEWETA POND; RUNNING THENCE ALONG THE MEAN HIGH WATER LINE OF WUNNEWEAT POND THE FOLLOWING 17 TIE LINE COURSES AND DISTANCES: NORTH 58 DEGREES, 21 MINUTES, SOUTH 77 DEGREES, 53 MINUTEs, SOUTH 43 DEGREEs, 11 MINUTEs, .SOUTH 68 DEGREES, 24 MINUTES, NORTH 26 DEGREES, 30 MINUTEs, NORTH 53 DEGREES, 42 MINUTEs, NORTH 34 DEGREEs, 18 MINUTES, SOUTH 73 DEGREES, 33 MINUTES, 13 SECONDs WEST 122.95 FEET: 15 SECONDS WEST 143.39 FEET: 14 SECONDs WEST 54.87 FEET; 18 SECONDS WEST 149.05 FEET; 53 SECONDS WEST 69.57 FEET; 33 SECONDs EAST 76.22 FEET; 53 SECONDs EAST 143.67 FEET; 06 SECONDs EAST 184.65 FEET; PAGE: 9) NORTH 53 DEGREEs, 10) SOUTH 04 DEGREEs, 11) SOUTH 43 DEGREEs, 12) NORTH 79 DEGREEs, 13) NORTH 51 DEGREEs, 14) NORTH 56 DEGREEs, 15) NORTH 30 DEGREEs, 24 MINUTEs, 17 MINUTEs, 34 MINUTEs, 43 MINUTEs, 44 MINUTEs, 27 MINUTEs, 19 MINUTEs, 06 SECONDs EAST 168.77 FEET; 09 SECONDs EAST 99.94 FEET; 06 SECONDs EAST 31.50 FEET; 05 SECONDs EAST 63.01 FEET; 47 SECONDs EAST 83.97 FEET; 17 SECONDs WEST 3.53 FEET; 26 SECONDs EAST 5.43 FEET; 17 SECONDs WEST 13.69 FEET; 16) NORTH 30 DEGREEs, 09 MINUTEs, 17) NORTH 25 DEGREEs, 36 MINUTEs, NOW OR FORMERLY OF RUST AND; 55 SECONDs EAST 50.96 FEET TO LAND RUNNING THENCE ALONG SAID LAND THE FOLLOWING 3 COURSEs AND DISTANCEs: 1) SOUTH 63 DEGREEs, 34 MINUTEs, 10 SECONDS EAST 30.44 FEET; 2) SOUTH 89 DEGREEs, 38 MINUTEs, 20 SECONDs EAST 60.00 FEET; 3) NORTH 78, TOWNshiP 21 NORTH, RANGE 20 EAST NORTHWESTERLY SIDE OF BAYBERRY ROAD, THE 80.76 FEET TO THE POINT OR PLACE OF BEGINNING.