HomeMy WebLinkAboutL 12628 P 269SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages: 13
Receipt Number : 10-0072051
TRANSFER TAX NUMBER: 09-25939
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
026.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$1,945,000.00
06/18/2010
02:26:44 PM
D00012628
269
Lot:
022.000
Received the Following Fees For Above Instrument
Exempt
Page/Filing $65.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Notation
Cert. Copies $0.00 NO RPT
Transfer tax $7,780.00 NO Mansion Tax
Comm. Pres $35,900.00 NO
Fees Paid
TRANSFER TAX NUMBER: 09-25939
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$125.00 NO
$0.00 NO
$30.00 NO
$19,450.00 NO
$63,400.00
J~3DITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
~oc~al _~ecurity Numbers'
prio~ to recordincj.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
RECORDED
2010 Jun 18 02:26:44 PM
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
L D00012628
P 269
DT# 09-25939
Recording / Filing Stamps
Page / Filing Fee
Handling
TP-S84
Notation
EA-52; 7 (County)
EA-$217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
Real Propert
Tax Service
Agency
Verification
8
FEES
00 ....
S. O0
15. O0
SubTotal
,andTota,__
10012883 zooo 02600 0200 022000
Satisfactions/Discharges/Releases List PropeCly Owners Mailing Address
RECORD & RETURN TO:
Source Abstract~ Inc.
300 Woodcleft Avenue
2nd Floor
Freeport, NY 11520
~5
Consideration
CPF Tax Due
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX :
Dual Town __ Dual County __
point~
The property covered by this mortgaoe is
or, will be improved by a one or two
family dwelling only.
YES or NO
jf NO, see appropriate tax clausxe on
page, Of this inst r~/~0
Community Pre;ervation FJnd '
Amount $ ~~
Improved t/j
Vacant Land
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk [ 7 [ Title Company Information
310 Ce. nter Drive, Riverhead, NY 11901 lCD. Name ~.~,)fC,~ ~-'-~,~-~/~(Ij-~-,-~'~...
www suffolkcountyny.gov/~lerk JTitle# N~-"~ iD, if)DC.! [(~'c'~
Suffolk County Recording & Endorsement Page
This page forms part of the attached
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
· (over)
NY 005 - Bargain and Sate Deed with Covenant against Grantor's Acts Individual or Corporafi6h (Single Sheet) (NYBTU 8002)
.'CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ON%Y
THIS INDENTURE, made the 28~H
BETWEEN
STENDA REALTY, LLC
8 FIRST STREET
GARDEN CITY, NEW YORK 11530
day of MAY
, in the year 2010
party of the first part, and
EKTA SINGH-BUSHELL and MARK C,CANNINGS BUSHELL, tenants by the entirety
5 HARTMANN PLACE
TUCKAHOE, NEW YORK 10707
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the
)arty 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
see Schedule A annexed hereto
said transaction being made in the normal course of business.
said premises being and intended to be the same premises conveyed to the party of the first
part by Deed dated June 22, 2005, and recorded October 4, 2005 in Liber 12412, page 681 in
the Office of the Clerk of Suffolk County, State of New York.
TOGETHER with all right, title and interest, if any, of the party of the first part of, 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 fights 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 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 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 7deed the day and year first above written.
.~--E~I~REAETYTLLC ~'1 f~e~h~ ~OCt~n;
USE ACKNOWLEDGMENT FORM BELOW WITHIN NEW YORK STATE ONL E'
State of New York, County of SUFFOLK }ss.:
On theO~0 day of Aq/q x/ in the year Jt~lO
before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that be/sbe/they executed
the same in his/her/their capacity(ins), and that by Ns/her/their
signatere(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instroment.
WARD W. FITZPATRIGK
Notary Public, State of Ne~ York
No. 485467?
C Qualified in Nassau ~l~J~ .
ommission Expires March 24, 20~
A CKNOWLFJB~ME~IT FO~ FOB USE W/TH/N NEW YORK STATE ON£Y:
{New York Subscribing Witness Acknowledgment Certificate/
State of New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared
the subscribing witness to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly swom, did depose and
say that he/she/they reside(s) in
(if the pluce of resMence is in a city, include the street and street number,
if any, thereo. D; that he/she/they know(s)
to be the individual described in and who executed the foregoing
instrument; that said subscribing wimess was present and saw said
execute the same; and that said witness at the same time subscribed
his/hefftheir name(s) as a witness thereto.
USE ACKNOWLEDGMENT FORM BELOW WITHIN NEW YoRK STATEONLY:
State of New York, County of } ss.:
On the day of in thc year
before me, the undersigned, personally appeared
personally known to me or proved to mc on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (am) subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), and that by Ns/her/their
signature(s) on the instmmetn, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the iustmment.
A CKNOWLEDGMENTFORM FOR USE OUTSIDE NEW YOP. K STATE ONLE'
{Out of State or Foreign General Acknowledgment Certificate}
(Complete Venue with State, Country, Province or Municipality)
On the day of in the year
before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be thc individual(s) whose name(s) is (arc) subscribed to the
within insWament and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument, and that such individual
made such appearance before the undersigned in the
(Insert the city or other political s ~bdivision and the state or country or
other place the acknowledgment was taken).
TP£LE NO.
BARGAIN & SALE DEED
STENDA REALTY, LLC
TO
EKTA SINGH-BUSHELL and MARK
CHRISTOPHER CANNINGS BUSHELL
FIDELITY NATIONAL TITLE
OINSURANCE COMPANY
INCORPORATED 1928
~./,~,', ~/~ Fidelity
DISTRICT 1000
SECTION 26.00
BLOCK 20.00
LOT 022.000
CoumY O~ Towtq SUFFOLK
RECORDED A T REQUES~ OF
Fidelity National Title Insurance Company
RETURN B Y MAIL TO
A. WICKHAM, ESQ.
WICKHAM BRESSLER GORDON &
GEASA, P.C.
PO BOX 1424
MATT1TUCK, NEW YORK 11952
~AI0-002183S
lO-56NY
ALL that certain plot, piece or parcel of land, with bhe buildings and
Improvements thereon erected, situate, lying and being at Odent, in the Town of
Southold, Suffolk County, New York known and designated as part of Lot 3 and
part of Lot 4 on a certain map entitled, "Nap of Willow Terrace, Section One at
Orient, Town of Southold, Suffolk County, New York' filed in the Suffolk County
Clerk's Office on November 28, 1969, as Map No. 5407, said premises being
pa~culariy bounded and described, with reference to said map as follows:
BEGINNING at a point on the westerly tine of Vfillow Terrace Lane 1,029.89 feet
southerly from the intersection formed by the southerly side of King Street with
the westerly side of Willow Terrace Lane;
RUNNING THENCE along said westerly line of Willow Terrace Lane South 46
degrees 30 minutes O0 seconds East 100 feet;
RUNNING THENCE through Lot No. 4 South 49 degrees 12 minutes 00 seconds
West 154.01 feet, more or less, to the ordinary high water line of Orient Harbor;
RUNNING THENCE Northwesterly along said ordinary high water line North 43
degrees 29 minutes 26 seconds West [24.01 feet, more or less, to a point;
RUNNING THENCE through Lot No. 3 North 58 degrees 26 minutes 00 seconds
East 151.86 feet, more or less, to the westerly line of Willow Terrace Lane and
the point or place of BEGINNING.
Said premises is or will be improved by a i or 2 family dwelling.
Said premises is and Is intended to be the same premises conveyed to record
owner(s) in Deed recorded in Uber 12412, Page 681 of the Suffolk County Clerk's
Office, State of New York.
For [nfo. Only: Property commonly known as 1060 Willow Terrace Lane, Orient, NY
D- 1000/S-026.00/B-O2.00/L-022.000
DATE:
PARTIES:
VJARNING:
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL
ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ('PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision i~ re~d6~ .
in this contract, Section 5-1311 of the General Obligations Law will apply. One patt of that law makes a purchaser responsible for fire and casualty
loss upon taking of title to or possession of the premises.
CONTRACT OF SALE reade as of the ¢~/o~"/..J' day of Apdl, 2010
BETWEEN STENDA REALTY, LLC
Address: 8 FIRST STREET, GARDEN CITY, NEW YORK 11530
hereinafter called 'SELLER', who agrees to sell;
and EKTA SlNGH-BUSHELL AND MARK CHRISTOPHER CANNINGS BUSHELL
Address: 5 HARTMANN PL. TUCKAHOE, NY 10707
PREMISES:
hereinafter called 'PURCHASER" who agrees to buy the property, including all buildings and irnprevernents thereon (the "PREMISES"), more fully
described on a separate page marked 'Schedule A," and also known as:
PERSONAL
PROPERTY:
PURCHASE
PRICE:
Street Address: 1060 Willow Terrace Lane, Orient, New York 11957~j~
. Tax Map Designation: District 1000 Section 26.00 Block 2,~00 Lot 022.000
Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9.
The sale also includes all fixtures and a~licles of personal property attached to or used in connection with the PREMISES, ~
unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and dear of any lien other than the EXISTING
MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels~;d~.~
mirrors, Venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps,
shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, refrigerators,
freezers, air conditioning equipment and installations, and wall to wall carbeting, as same presently exist,
Including: ALL APPLIANCES AS SAME PRESENTLY EXIST, IN working order at Closing.
Excluded frere this sale are: Fumitura and household furnishings.
1. (a) The purchase price is
Payable as follows:
Downpaymeet (receipt of which is hereby acknowledged)
(by check payable to the Escrowee, as hereinafter defined,
Subject to collection, to be held in escrow in accordance
herewith)
· BALANCE AT CLOSING:
$1,945,000.00
$ 97,250.00
$1,847,750.00
E.~.ISTING
MORTGAGES:
ACCEPTABLE
FUNDS:
'SUBJECT TO'
PROVISIONS:
TITLE
COMPANY
APPROVAL:
Ct:OSING
AND
DEED:
CLOSING
DATE AND
2. The PREMISES will be conveyed subject to the continuing lien of "EXISTING MORTGAGE(S)" as followa:
3. AIl money payable under this contract unless otherwise specified, shall be either: · ~: i[~.'
b. Good certified check of PURCHASER, or official check of any bank, savings bank. trust company, or savings and loan association
PURCHASER (if an individual) to the order of SELLER in the prasence of SELLER or SELLER'S attorney.
c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the
amount of one thousand ($1,000.00) dollars, or
4. The PREMISES are to be transferred subject to:
Laws and governmental regulations that affect the use and maintenanca of the PREMISES, provided that they are not violated by
the buildings and improvements erected on the PREMISES or their use as a single family dwellint
Consents for the erection of any structures on, under or above any streets on which the PREMISES abut.
Encroachments of stoops, areas, cellar steps, Nm and cornices, if any. upon any street or highway.
Covenants. restrictions, reservations, agreements and easements of record affecting said prereises, provided same are not
violated by the maintenance of the present structures or use of the Premises as a single tamily dwelling.
5. SELLER shall give and PURCHASER shall accept such title as '
· a member of The
New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title
policy, subject only to the matters provided for in this contract.
6. 'CLOSING' means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINED including the
payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain and Sale with covenants against grantors' acts
deed in proper statutory form for recording so as to transfer full ownership (fee FORM OF sireple title) to the PREMISES, frae of all encumbrances
except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. :i;.
7. CLOSING will take place at the office of seller's attorney or purchaser's lending institution or their attorneys
PLACE:" at 9:30 am o'clock on or about June 1,2010,
BROKER: '
STREETS
AND
ASSIGN-
MENT OF
UNPAID
AWARDS:
8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than
Prudential Douglas El[iman Real Estate (Tom Uhlinger) and Brown, Harris, Stevens of the Hamptons (Suzanoe Hahn) and Corcoran Group
Real Estate (Pathcia Gleason) and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement).
9. This sale includes all of SELLER'S ownemhip and rights, if any, in any land lying in the bed of any street or highway,
opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes 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 wiU deliver at no additional cost to PURCHASER, at CLOSING, bi:
thereafter, on demand, any documents which PURCHASER may require to collect the award and damages.
C E RT!F!C,~,TE
COMPLIANCE
WITH STATE
AND
MUNICIPAL
DEPARTMENT
~!9t~'nONS
AND ORDERS:
INSTALLMENT
ASSESSMENT: ·
APPORTION-
MENTS:
WATER
METER
READINGS:
11. a. SELLER will comply with all notes or notices of violafions of law or municipal ordinances, orders or requirements
noted in or issued by any governmental department having authority as to lands, housing, buildings, tim, health and labor
conditions affecting the PREMISES at the date of closing. The PREMISES shall be transferred free of them at CLOSING and
this provision shall survive CLOSING. SELLER shall fur~ish PURCHASER with any authorizations necessary to make the
searches that could disclose these matters.
12. If at the time of CLOSING the PREMISES are affected by an assessment 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 ail the unpaid installments shall be
considered due and am to be paid by SELLER at CLOSING.
13. The following am to be apportioned as of midnight of the day before the day of CLOSING:
(3) Root= =c :.".d :':he,". cc2c~='J. (bi !ntcm:t .'co EX!STL~tC ~!ORT~.~E(S~. (c) Premiums on existing transferable insurance policJes and
renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rants, on the basis of the lien period for which assessed. (e)
Fuel, if any. (Q Vcu~ ~horgcc, !fcny,
If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding
period applied to the latest assessed valuafion.
Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive
CLOSING.
14. If there be a water meter on the PREMISES, SELLER shall furnish a lading to a date not more than ten days before
CLOSING date and the unfixed meter charge and sewer rant, if any, shall be apportioned on the basis of such last reading.
ALLOWANCE
FOR UNPAID
;'(AXEs, ETC.:
0~E OF
PURCHASE
PRICE TO PAY
ENCUM.
BRANCES;
AFFIDAVIT
AS TO
JUDGMENTS,
15. SELLER has the option to credit PURCHASER as an adjustment of 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
business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING.
16. If them is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may
use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the
title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance
company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon
request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as
requested to assist in cleadng up these matters.
17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or
similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not
against SELLER.
BANKRUPTCIES.:
DEED
TRANSFER
AND
RECORDING
TAXES:
18. At CLOSING, SELLER shall deliver cash or a certified check 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 mcerding of the
deed, together with any required tax tatum. PURCHASER agrees to duly complete the tax return and to cause the check(s)
and the tax return to be delivered to the appropriate officer promptJy after CLOSING.
PURCHASER'S
PREMISES LIEN:
SELLER'S
INABILITY
'TO
CONVEY AND
LIMITATION
OF
LIABILITY:
~6NDITION
OF
PROPER'tV:
19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the
and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the
PREMISES. Such Hens shall not continue after default in performance of the contract by PURCHASER.
20. If SELLER is unable to transfer title to PURCHASER, after diligent effort including the expenditure of not less than $2,500.00 in attorneys'
fees: in accordance with this contract, SELLER'S sole liability shall
be to refund all money paid on account of this contract, plus all charges made for: (ii examining the title, (it) any appropriate
additional searches made in accordance w~th this contract, and (iii) survey ano survey inspection charges. Upon such refund
and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further
rights against the other.
21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is
thoroughly acquainted with their condition, PURCHASER agrees to purchase them 'as is' and in their present condition
subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable
notice to SELLER, to inspect them before CLOSING, except as other~se set forth in Paragraph 30.
ENTIRE
AGREEMENT:
CHANGES
MUSTBEIN
22. All prior understandings and agreements between SELLER and PURCHASER am merged in this contract. It
completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by
anyone elsa that are not set forth in this contract.
23. This contract may not be changed or canceled except in writing. The contract shall also apply to and bind the
distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby
W~I,TING: '
SINGULAR
ALSO
MEANS
PLURAL:
authorize their attorneys to agree in writing to any changes in dates and tin'~ periods provided for in this contract.
24,. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it.
25. See Rider Annexed hereto.
STENDA REALTY, LLC
Stephen M. Matteini. Pres.
IN PRESENCE OF:
RIDER TO CONTRACT OF SALE
SELLER:
STENDA REALTY, LLC
PURCHASER:
EKTA SINGH-BUSHELL,
MARK CHRISTOPHER CANNINGS BUSHELL AND
PREMISES:
1060 WILLOW TERRACE LANE, ORIENT, NEW YORK 11957
26)..The premises to be conveyed hereunder are and are intended to be the same promises as
were conveyed to the party of the first part by a Deed dated June, 22, 2005 and recorded
October 4, 2005 in the Office of the Clerk of Suffolk County in Liber number D00012412
page 681.
27) The acceptance of the Deed by the purchaser shall be deemed full performance and
discharge of every agreement and obligation on the part of the seller, except those, if any, which
are herein specifically stated to survive the delivery of the Deed.
28) The purchaser shall notify the seller of any objection to title and seller shall have a
reasonable time in which to remove same. In no event shall seller be required to bring any action
or proceeding or otherwise incur any expense whatsoever to remove objections to title or render
title marketable, except mortgage, tax lien, or judgments or lis pendens if any as per Paragraph
46. Purchasers may accept such title as the seller is able to convey but without any abatement in
purchase price. Title shall be deemed marketable notwithstanding any exceptions to title with
respect to underwater lands or mean high water marks. In the event that purchaser is unable to
obtain title insurance, seller may obtain a policy for purchaser and purchaser shall be responsible
for the cost thereof at closing. Delivery of the title report to seller shall be deemed notice of
objections.
29) This contract may not be assigned by the purchaser without the written consent of the seller.
30)..I.t is understood and agreed that purchaser has inspected the premises and is thoroughly
acqfi~.inted with its condition and will accept the same in "AS IS" condition at the closing
of title, less reasonable wear and tear. Seller represents, however, that at the closing of title the
plumbing, heating, appliances, mechanical systems, sanitary system, HVAC, and fireplace
(excluding fireplace doors) and electrical systems will be in working order and the roof free of
leaks and basement dry. Seller shall, prior to closing, install a backflow device on the water
system in accordance with applicable Code, as well as repairing garage doors so that same are in
working order. In the event any appliance is not in working order at closing, Seller shall have
the option to repair to working order or grant Purchaser a credit at the closing in the amount of
$650.00 as an allowance for the condition of such appliance.
31) Seller shall deliver the premises vacant and broom clean to the purchaser at the closing of
title.
32) The purchaser shall have the fight'to have the premises inspected for the purposes of
determining the existence of present termite (and other wood boring insects) infestation, at their
own cost and expense. In the event present termite infestation is found, a copy of the report
issued by the termite company or other written notice shall be mailed to the seller's attorney
within fourteen (14) days from the date hereof. Upon receipt of such notice, the seller may do
one of the following:
a) '~reat the termite condition at his own cost and expense, pursuant to the further terms hereof;
or
b) Terminate this contract by refunding the sums paid hereunder by the purchaser.
Notice of seller's intent to exemise either option shall be served upon the purchaser's attorney
within seven (7) days a~er receipt of the termite report. In the event the purchaser shall fail to
have the premises inspected or fail to serve said written notice, the purchaser shall be deemed to
have waived the provisions of this clause and this contract shall remain in full fome and effect.
Purchasers may waive the provisions of this clause.
33) Seller shall deliver to the purchaser at the closing of title a valid and subsisting Certificate of
Occupancy for the premises as they presently exist or a letter from the appropriate municipality
that no Certificate of Occupancy is required for the premises.
34) Deleted
35) This contract is subject to the purchasers obtaining at their own cost and expense a
conventional mortgage commitment in the sum of $1,361,500.00 for a term of 25-30 years,
bearing interest at the prevailing rate at the time of the closing of title, within forty-five (45) days
of the date hereof. If after diligent application, purchaser is unable to obtain said mortgage
commitment as aforesaid, then either party may cancel this contract by giving written notice of
that fact to the attorney for the other party and upon such notice, this contract shall be null and
void and all sums paid hereunder shall be returned to the purchaser. Purchaser shall apply for
said mortgage no later than ten (10) days from the date of this contract. Purchasers represent that
they know of no reason why a mortgage commitment will not be issued to them in the sum
requested. The parties acknowledge that should the appraisal by the lender herein for the subject
premises be for less than the purchase price, the denial of the application for a mortgage shall
result in the inability of the purchaser to obtain financing hereinabove, and either party may.
cancel this contract by giving written notice of that fact to the attorney for the other party and
upon such notice, this contract shall be null and void and all sums paid hereunder shall be
returned to the purchaser. Purchaser may waive the provisions of this paragraph if notice is
g~ven to seller prior to expiration of the conginency period.
If Closing does not occur solely by reasons attributable to Seller by the date of Purchaser's 45
day rate lock in (June 11,2010), and Purchaser is unable to obtain an interest rate at Closing of 5
per cent or less, then Seller shall be responsible for one half the cost of obtaining an extension of
Purchaser's rate lock-in of no more than 5% (but not more than $6,800), or if Seller declines to
do so, Purchaser may cancel this contract, obtain a return of its deposit, title search fees, survey
fees, and Bank appraisal fee.
36) The purchasers represent that the closing of this transaction is not in any way conditioned on
the sale by the purchasers or either of them of any other real estate.
37) Any notices required to be given under the terms of this contract shall be properly given if
sent by mail to the attomeys for the respective parties hereto:
If to Seller:
SINNREICH KOSAKOFF & MESSINA, LLP
Courthouse Plaza
267 Carleton Avenue, Ste. 301
Central Islip, New York 11722
If to Purchaser:
Wickham Bressler Gordon & Geasa PC
13015 Main Rd.
P. O. Box 1424
Mattituck, NY 11952
38) The purchaser and its authorized representative shall have the right to inspect the premises
within forty-eight (48) hours prior to closing.
39) In the event of purchaser's willful default, the seller shall retain all monies paid upon the
signing of the contract as liquidated damages. In the event of the seller's willful default,
purchaser shall have all remedies available at law or equity, including without limitation, specific
performance.
40) This contract shall not be deemed an offer to sell and the seller shall not be obligated
hereunder in any way, until seller has executed this contract.
41) (a) Sellers' attorneys shall hold the Downpayment herein in escrow in their attorney IOLA
account at New York Commercial Bank, until closing or sooner termination of this conlxact and
shall pay over or apply the Downpayment in accordance with the terms of this paragraph. The
Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee
~pon request. At closing, the Downpayment shall be paid by Escrowee to Sellers. If for any
reason closing does not occur and either party gives Notice as defined in the contract to escrowee
demanding payment of the Downpayment, Escrowee shall give prompt notice to the other party
of such demand. IfEscrowee does not receive notice of objection from such other party to the
proposed payment within five (5) business days after giving of such notice, Escrowee is hereby
authorized and directed to make such payment. If Escrowee does not receive such notice of
objection within such five (5) day period 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 a~y time tO deposR th~
Downpayment with the Clerk of a court in the county in which the premises are located and shall
give notice of such deposit to Sellers and Purchasers. 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.
(b) The parties acknowledge that, although Escrowee is holding the Downpayment for sellers'
account, for all other purposes Escrowee is acting solely as a stakeholder 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 the Escrowee. Sellers and Purchasers jointly and severally agree
to defend, 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 the 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 from action upon the advice of
counsel.
(d) Escrowee acknowledges receipt of the Downpayment 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 Rider.
(e) Escrowee or any member of its firm shah be permitted to act as counsel for Sellers in any
dispute as to the disbursement of the Downpayment of any other dispute as to the disbursement
of Downpayment or any other dispute between the parties whether or not Escrowee is in
possession of the Downpayment and continues to act as Eserowee.
(0 the party whose attorney is the Escrow Agent hereunder shall be liable for any loss of
downpayment by said Escrow Agent, including reasonable attorneys' fees.
42) Purchasers are aware of and shall pay the 2% Peconic Bay Preservation tax and the 1% New
York State Mansion Tax at closing.
43) Seller represents that all required approvals, permits, and certificates from all applicable
agencies and departments, whether government or private, have been obtained by seller for the
construction of the stairs from.the top of the bulkhead to the beach on the premises and seller
shall take all steps to transfer same to pumhasers at or prior to closing, at purchasers expense.
The cost of any surveys or any testing required by the lender or other entity shall be borne solely
by purchasers. Seller shall, at closing, provide p~chaser with plans for the subject premises
which are presently in his possession, and assign manufacturer's warranties, if any, to the
purchaser. Seller represents that, to the best of its knowledge, the underground storage tank is a
550 gallon fiberglass lined tank installed in 2006.
44) Seller elects to give purchasers a credit of $500.00 at closing pursuant to Real Property Law
Section 465, if applicable. Seller's sole liability in connection with the requirements of said
statute and Article 14 of the Real Property Law shall be limited to said amount. This provision
shall survive closing.
45) If either of the purchasers die prior to the closing, any party may terminate this contract and
the downpayment shall be returned.
46) Seller represents that there is presently no litigation affecting the premises except the matter
captioned "Stenda Realty, LLC v. Korman", bearing Suffolk County Index No. 029321/2007.
Seller will clear any notice of pendency in such action.
47) This contract is contingent upon Purchaser obtaining a water test showing that the water
meets the standards for drinking water set by the Suffolk County Board of Health. Purchaser
agrees to promptly obtain such a test within fifteen (15) days of the date of this contract. If the
water does not comply with the above standards, Purchaser shall so notify Seller who shall have
the option of curing the condition, or if Seller declines to do so, either party may cancel this
contract. In the event Seller cures same, the water condition shall be deemed to have been met.
Purchaser however, may take title with existing water conditions without diminution of purchase
price. This provision specifically overrides and supersedes the provisions of the Suffolk County
Local Law relating to sales of residences serviced by private wells. The provisions of such laws,
including without limitation a certification that the water system conforms to Suffolk County
Department of Health Services requirements for new residential construction, are specifically
waived by the Purchaser. In the event any applicable statute requires such conformance of the
water system, same shall be at the sole expense of Purchaser ifhe contract has not been cancelled
as aforesaid. This provision shall survive delivery of the deed
48) Any inconsistencies existing between the provisions of the printed portions of this contract
and the prgvisidns of this rider shall be resolved in favor of the rider provisions.
·
By: Stephen M. Matteini, th't~. ~'o~,~. ~t**qt~O_-
EKTA SINGH-BUSHELL
Receipt of the Downpayment by check subject to collection and agreement to the provisions of
this rider as relates to Escrowee:
SINNREICH KOSAKOFF & MESSINA, LLP
BY: _, ESQ.
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: hRp://www.orps.state.ny.us or PHONE (518) 473-7222
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STAI~ BOARD OF REAL PROPERTY SERVICES
RP -5217
[
Addre~
I (~. d . \ I , of Pe,=,la OR I~1 Pa, of e Pa=l
5. D~d
p,op0~ t I x I I OBi .... · , I
I
7. Check the box below which most accurately describes the use of the property et the time of sale:
Ii ~l 2 or 3 Family Residential F ~ Commercial Industrial
(: U Residential Vacant Land G U Apartment Public Service
DI I Non-Residential Vacant Land Ill~J Entertainment / Amuaemem Forest
ISALE INFORMATIONI
11. SMe ContrKI Date , L/
12. D~teofSMetTrmnder [ /
¥~,
J;
(Only il Part of s Parcel) (:leek aa they chilly:
4A. Planmng Board with Subdivision Authority Exists []
48, Subdivision Approval was Required for Transfer []
4C. Parcel Approved for Subdivision with Map Providnd []
8. Ownership Type is Condominium
I~A. Property Lacatnd within an Agr~ullural O~strict
lOB. Buyer rece~cl a disclosure notic~ indicating
One of the Buyers is also a Seller'
Buyer or Seller is Government Agen~ or Lending Institution
: Deed TYTm not Warranty or Bargain and Sale tSpacilv Below)
! ! ·
IFuII Sale Price is lite total amount paid for lite property including personal property. ]
14.1ndlcatethevaloeOfl)estlOmll j .... , ,~), 0 , 0 J
property included in the sale ! g ·
AS$;SSMENT iNFORMATION - Data should reflect the latest Fine1 Assessment Roll and Tax Biff
which IofOmlitlofl taken J [ J 17. Total Ae~sa~d Value (of all pm~els in tranderl J ,
lQ in P~operty Sat~on Taxable Status end Sale Dates
Sale of Business is Included in Sale Price
Other Unusual Fastor~ Affecting Safe Price (Specify Below)
None
I L I
I I L I
I CERTIFICATION I
BUYER
SELLER
BUYER'S ATFORNEY
I NEW YORK STATE
COPY