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HomeMy WebLinkAboutL 12627 P 832SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 10-0070311 TRANSFER TAX NUMBER: 09-25587 District: 1000 Deed Amount: Section: Block: 070.00 13.00 EXAMINED AND CHARGED AS $2,300,000.00 Recorded: At: LIBER: PAGE: FOLLOWS 06115/2010 12:28:37 PM D00012627 832 Lot: 020.007 Received the Following Fees For Above Instrument Exempt Page/Filing $25 COE $5 EA-CTY $5 TP-584 $5 Cert. Copies $0 Transfer tax $9,200 Comm. Pres $43,000 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Notation 00 NO RPT 00 NO Mansion Tax 00 NO TRANSFER TAX NUMBER: 09-25587 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20 00 $15 00 $125 O0 $0 00 $30 00 $23,000 00 $75,430.00 Exempt NO NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2010 Jun 15 12:28:37 PM JUDITH R. P~SCIqLE CLERK OF SUFFOLK COUNTY L D00012627 P 8~2 DT# 09-2558? Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 17 (County) EA-s 7 (Statel R.P.T.S.A. Corem. of Ed. S. 00 Affidavit Certified Copy NYS Surcharge 1S. 00 Other Real PI Tax Se Age Verifi( 6 8 Sub Total Sub Total Grand Total 10012558 ooo o?ooo 3oo 02000? 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Ap,~intment Transfer Ta ,~2~ cj'g,) O0 · o~--) Mansion Tax'1~' ~ -- The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrvm~nt. I Community Preservation Fund .Co~'sid~ration Amount CPF Tax~ue / Vacant Land TD iC) TD TD Mail to: Judith A. Pascale, Suffolk County Clerk J 7 J Title Company Information 310 Center Drive, Riverhead, NY 11901J Co. Name www.suffolkcountyny.gov/clerk J Title Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) made The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET of BOXES Ii THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. l0 da~; of , o Thousand and Ten THIS INDENTURE, made the June Tw BETWEEN NY 11720 LOUIS C. ENGLAND, ESQ. as Receiver, pursuant to an Order of Hon. Donald R. Blydenburgh, J.S.C. dated Setember 2, 2009, in the matter of KATHRYN O'HARA v. EUGENE O'HARA Index No. 24863/05[ Copy of Order for Receiver is attached. Address: England & England, P.C. - 2556 Middle Country Road Cenie~ach, party of the first part, and DANIEL BUTTAFUOCO residing at 10 Country Meadow Court Melville, NY 11747 party of the second part, WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration 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 in the Town of Southold, County of Suffolk, State of New York, being more fully described as Lot 7 on a certain map entitled, "Paradise by the Bay" filed in the Office of the Clerk of the County of Suffolk on 11/4/1976 as Map No. 6463. BEING AND INTENDED TO BE the same premises described in the deed to the parties of the first 'part herein by deed dated August 1, 1988 recorded August 24, 1988 in Liber 10675, Page 585. The above premises is not encumbered by a credit line mortgage. 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 consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the.total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. LOUIS C. ENGL/~D,~Q., AS RECEIVE'~ STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK ) On the ay of June, in the year 2010, before me the undersigned, personally appeared LOUIS C. ENGLAND, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and ti individual, or the person upon behalf of which the indix AMANDA J. PERSAUD Notary Public, Stere of New York N,o. 01P~6082310 Qualified in Queens County ID Commission Expires October 21, 20 ~ y his signat~on/]the instrument, the ~tmment. '~TARY kU~L'~C'~ DISTPdCT BARGA1N and SALE DEED With Covenant Against Grantor's Acts TITLE NO. LOUIS C. ENGLAND, ESQ., AS RECEIVER SECTION 070.00 BLOCK 13.00 LOT 020.007 COUNTY OR TOWN: SUFFOLK TO DANIEL BUTTAFUOCO Record and Return by Mail to: 0l e.', a iqonor~ KATHRYN II. O'HARA - agai~t. EUGENE F. O'HARA RERUER SUPREME COURT. STAT~ 02~ NEW ¥ORX plahRiff, De~udsnL Motion Date: 3/30/08 Submitted: 3/19/09 Motion No. 002 MOT-D PLAINTIFF'S ATTORNE'Y MCGUIRE CO1N'DON, P.C, 775 PARK AVENUE, SUITE 133 HT3~TiN~TON, bur l I7a3 421-8600 DEPENDkNTS ATtORNEy CASTROv~N%q & ~DY O~ EDGEWOOD A~., S~TE 200 SMITHTOWN, NY 11787 265-2077 P~E ~4863/0S Upo~ a post-judgment motion by ~he Defendant which requests th= Court to issue an order adjudging th,., Plaint5 ff in Lane, Southhold, Ny 11971 with the authority to sell the aforesaid parcel of reeky and to dlt~etibut~ the proceeds; and contempt; appointing Defeedaoc as receiv~ of the marital property 2ocntecl at 1165 IGmberly de£e.rmination.granth3g attorneys f~s to Dcf~dant in the sum of $5000, the Court makes the folloWlng Pursuant to a/;dpulatlon of Settlement da:ed .)'one 9, 2008 raafital premises was to have been immediaLely placed which was "So Ordered" by the Court, the specifically with Prudential. The price was to be agre,~l°n the market for sale with/r?'nutffplc li~:Jng servic,. could not be agreed upon ~][abbetrna~ was to al~I'~iae Upon by the par~i~, however in the. everR a price · e pren%ises and determine the Et/Cc wi~h the parties splhring the coat of the appraisal, The St/pulation/0rder provided for a 2% reduction in the listing price for cacl~ 90 days thc prem. ise4 c/Jcl not sell and that in no event would the premises be sold for tess than $2.1 million. AtJditionally the Pla/ntiff was given a righ~ of 1~ tefusa~ made by a third party, to purchase after a bone fide offer was Defendant alleg~ that Plaintiff ha~ fa/led to COmply with the rems of the Stipo}ation½Orfler in that she tendered a }JstJng agreement :o him which ~ranr~ tO the broker an exclusive fight :o sell the premises for $2,950,000 for a period of one year. He claims that :here pnlvisions did nor comply with Stipulation/Order and the listing price is" mail which statg,~ that there we should start closer to 3 million.") Defendant also seeks to hold Plaintiff "I b ' a top marlcet pfce" which ensure that ir will not sell (d~p/te bls e- in Contempt for her alleged failure tO supply authorizations andlor statements for a prrven£ec~ his receipt o~ s~rne. Tn~st Account For the benefit of th¢~r son. Plaintiff clafms she has sent statements but that ]DeFen~arlt's "~OvJng" may have 10/6/2009 06/09/2010 23:88 6317652752 RBRUER PAGE 03/83 T~e rornai~in~ po~ion~ ofh~s con,crept appli~at/on concern ~he It would appe~ mat a th~ part~ would be in th~ b ' · . accol'~nce with thc S~pulafiO~cr of th~ ~ ....... _~t pnsl~ t~ gns~r~ ~ha~ ~he * _ Accordingly ~ui8 ~ngJand ~. ~mcc the o~ ~,~ is h~cby appoi~[~ receiver to 'list ...... ,,uae m eo ~o on theh* own. , and sell ~c prop~'ty in acco~ancc wifl~ the ~o visions of thc S~Pala~on/Ordcr of Juno 9, 2008. Th~ said h~civcr shall l/st ~h~ pre. scs wi~h Prudc~a~ using the standard fo~ multiple lisOn a ~=te~n~ ~ lisSng nd=. ;~ ~a:.. ~g ~emen~ ~t~ havine had ~-~ .... ~tems "bclon~ng,, ~ .... =~uon me Receive~, :hall invenr~ .u~man appraise the prcmS~es to to Defendane mm~n thereat and will a~ange for him to obtain same at hfs cost and ..~ ..~ ~-:m~a~s ~o dcte~Jnc whether the exp~ns~. The said Rccefvc~ sh~l have full authority to =xecute any or all documents, inctuding but no~ limited to th~ ~ccd necessa~ to eff~tuate a ~ansfer of thc i=inally, ~lain6ff shall execute an Amcrip~se Trust aatho~za~on forD~enda~t to obtain copies of statements for the Account ~000607633070021 for the period Yune 9. sam~ :~ D~ndan~% a~t~m~s w~th~n ~h~ ~3~ da~s ~ ~h~ da~ ~ ~h~s2g~r~tr~ `a~e a~d ~h~ h~ d~er All other reliefmq~t~ is d~i~d. The for~oinl co~sS~u[~ the Order of this Coud. Da~e: 9/2/09 Central ][Slip, N.Y. Ls,C. 200/lOO 'd PLEASE TYPE OR' PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www, orps.state.ny.us or PHONE (518) 473-7222 IFOR COUNTY USE ONLY I ]'""-/'''~)/"~'"--'V~ I Cl. sw,s Coda ~ I . REAL PROPERTY TRANSFER REPORT / ,~_ . I ~ .~ A. STA~ OF NEW YORK C2' Date coed Ret°triad LL-0 / L-c--'~/ t(~"~1 I ~ Sl'A'I~ BOARD OF REAL FflOFERTY SERVI(~S [ .-.w,~ ~, ,(e~--~-~ RI:) ' 5217 , u, , 1[ I I I Bggng if Mher than buyer addr.~ (at bottom of form) Ii~' ~,~.O ~ CITY (~ 'tOWN 1/I # of Parcels OR ~ Part of a Parcel i.~. 0~ i~,',Y i Size 7. Cheek FRONT FEET Delq~ 'JCnES' 4C. Parcel Approved for Sulalivi~on with Map Provided [] 12. Dm of Sale I Transfer A Residential E [~ Agricultural [ I I Community Service B 2 or 3 Family Residential F~U Commercial J~ Industrial C Residential Vacant Land (}~[~ Apartment K P;Jbl;c Bawice D Non-Residential Vacant Lend ! ] U Entertainment / Amusement I. Forest I SA,E INFORMATION I 11. SSI. Contract Date I / / I ^ c F ylm~: ~ is Condominium [] (Full Sale ~ce is the t~al amount ~id for ~e pro~ny including personal pmpe~. [ ~SESSMENT INFORMA~ON - Data should reB~ the latest Final A~esement Boll and Tax Bill Bale Between Balativee or Former Relatives Bale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buys[ or Seller ia Gowrnment Agency or Lending Institution Coed Type not Warranty or Bargain end Sale (Specify Below) Bale of Fractional or Less than Fee Intereat (Specify Below) Significant Change in Property Between Taxable Status end Sale Dates Sale Price (Specify Below) -070.00- I I L J I CERTIFICATION I I ~ thai all M' me Bam.q e~' lal'mli~l entered on IhL~ ro~a are tnw a~d cern.~l (to IfiL' ~ eft m.v knowledge and h.4ierl and I um:lenitand dial the ~ of' an). wgKul fol~ dalemefll of' material racl b..rdn ~t9 ~ubjKt nw to the p~m~lmm M' the penal Iow ndalJve lo ~ ~ ami filing of flaL,,e ~.~trume. L,~. BUYER'S AI'rORNEY SELLER I NEW YORK STATE COPY