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Home My WebLink AboutL 12635 P 776SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt N-mher : 10-0101115 TRANS~R TAX NUMBER: 10-02122 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: O56.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $4,000,000.00 08/27/2010 01:15:18 PM D00012635 776 Lot: 002.000 Received the Following Fees For Above Exempt Instrument Page/Filing $30.00 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 $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-02122 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $77,000.00 NO $77,360.00 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. Deed / Mortgage Instrument RECORDED 2010 ~ug 27 01:15:18 PM JUDITH ~. PRSC~LE CLERK OF SUFFOLK COUNTY L P 776 DT# 10-02125 Deed / Mortgage Tax Stamp I Recording / Filing Stamps 31 FEES Page / Filing Fee ~ "'" Handling 20. O0 TP-584 ~' Notation EA-52 17 (County) ~ Sub Total ~O EA-S2,,(state) R.P.T.S.A. Comm. of Ed. 5, 00 Affidavit Certified Copy NYS Surcharge 15. 00 SubTotal .~ (~ Other ~5~ ~' Grand Total 10018883 000 05600 0700 002000 , Real Proper Tax Service Agency Ver ficatior ..... 6 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Kriss & Feuerstein LLP Jill DiGregorio 360 Lexington Avenue, 12th Floor New York, NY 10017 Mortgage Amt. 1, Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for/~pp, b,,ii~tm, ent. Transfer Tax~l Mansion Tax 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 instrument. Community Preservation Fund Consideration/~cmount $ Improved. .- ~' VacantLand~~'1~ TD I 0 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk I 71 Title Company Information 310 Center Drive, Riverhead, NY 11901 Col..~.~me ~c~a:~ona~ www.suffolkcountyny.gov/clerk I Title # ~0~"~'~'~ Suffolk County Recording & Endorsement Page This page forms part of the attached by: Southold Pointe LLC Deed (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of Southold 64300 Main Road Southold LLC In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, (over) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the 2nd day of August, in the year 2010, BETWEEN SOUTHOLD POINTE LLC, a New York limited liability company having an address at 8595 Cox Lane, Cutchogue, New York 11935, party of the first part, and 64300 MAIN ROAD SOUTHOLD LLC, a New York limited liability company having an address at c/o Kriss & Feuerstein LLP, 360 Lexington Avenue, 12th Floor, New York, NY 10017, party ofthe second pan; WITNESSETH, that the party of the first part, for good and 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 those certain plots, pieces or parcels 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, known as Section: 56, Block: 7, Lot: 2, and as more particularly described in Schedule A attached hereto; Being and hereby intending to convey the same premises as conveyed to the party of the first part by Principi Properties LLC, by Deed dated June 29, 2007 and recorded in the Suffolk County Register's Office on July 18, 2007, in Liber 12514, Page 20. 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 HA VE 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 any improvement and will apply the same first to the payment of the cost of any improvement before using any part of the total of the same for any other purpose. AND FURTHER this deed is given subject to that (i) a certain Agreement of Spreader, Consolidation, and Modification of Mortgage, dated June 29, 2007, and recorded on July 18, 2007 in the Suffolk County Register's Office in Liber 21569, Mp 949; (ii) a certain Building Loan Mortgage and Security Agreement, dated August 20, 2007, and recorded on September 1 l, 2007 in the Suffolk County Register's Office in Liber 21602, Mp 527; and (iii) a certain Project Loan Mortgage and Security Agreement, dated August 20, 2007, and recorded on September I l, 2007 in the Suffolk County Register's Office in Liber 21602, Mp 528 (referred to collectively herein as the "Mortgage"). .~IND FURTHER, it is the intention of the party of the first part to transfer absolute fee simple legal and equitable title to the premises herein granted, being the same premises encumbered by the lien of the Mortgage. IT IS THE FURTHER INTENTION OF THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART THAT THE MORTGAGE AND THE LIEN(S) CREATED THEREBY WILL NOT MERGE INTO THE FEE SIMPLE LEGAL AND EQUITABLE TITLE CONVEYED TO THE PARTY OF THE SECOND PART PURSUANT TO THIS DEED AND THAT THE OBLIGATIONS SECURED BY THE MORTGAGE WILL REMAIN OUTSTANDING AND UNRELEASED FOLLOWING THE RECORDATION OF THIS DEED, AND SHALL NOT BE DEEMED TO BE RELEASED, EXTINGUISHED OR SATISFIED UNLESS AND UNTIL SUCH TIME AS THE PARTY OF THE SECOND PART, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL CAUSE A FULL RELEASE THEREOF. This is a deed-in-lieu of foreclosure of the mortgage held by the party of the second part as a result of a default thereunder by the party of the first part. This Deed is executed voluntarily by the party of the first part, and not pursuant to duress or threats of any kind. Furthermore, it is executed and delivered in mutual good faith between the party of the first part and the party of the second part, and is not given or intended to hinder, delay, or defraud any creditor, or to contravene any of the bankruptcy laws o£the United States or any applicable laws. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN I~'ITNESS I~VHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: SOUTHOLD POINTE LLC BY: ~eCm~. Pr~nincipi, Jr.~ Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NF...W YORK ) )ss.: COUNTY OF~ ) On the'~ day of~:~, ~3~ year 2010, before me, the undersigned, personally appeared Richard J. Prineipi, Jr., 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 he executed the same in his capacity(ies), and that by his signature(s) on the instrument, the i~lividual(s), or the persor~up/~ behalf of which the individual(s) acted, executed the instrument. (signature.and office of individual taking acknof~ledgment) CONSTANCE LISOWY Notary Public, State of New York No. 01L16110900 Qualified in Suffolk County Cormnission Expires June 01, 2012 SCHEDULE A PROPERTY DESCRIPTION First American Title Znsurance Company of New York Title No.: 3060-255846 SCHEDULE A ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT ARSHAMOMOGUE, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MAIN ROAD SAID POINT BEING A DISTANCE OF 451.74 FEET MEASURED IN A WESTERLY DIRECTION ALONG THE SOUTHERLY SIDE OF MAIN ROAD FROM THE INTERSECTION FORMED BY THE WESTERLY SIDE OF DOLPHIN DRIVE WITH THE SOUTHERLY SIDE OF MAIN ROAD, SAID POINT ALSO BEING WHERE THE NORTHWESTERLY CORNER OF LAND NOW OR FORMERLY OF REESE INTERSECTS THE SOUTHERLY SIDE OF MAIN ROAD; RUNNING THENCE SOUTH 13° 15" 00" EAST ALONG LAND NOW OR FORMERLY OF REESE 625.0 FEET TO A POINT ON THE SHORE LINE OF PECONIC BAY; THENCE THE FOLLOWING THREE (3) TIE-LINE COURSES AND DISTANCES: 1. SOUTH 72° 30' 00" WEST, 177.0 FEET TO A POINT; 2. NORTH 13° 00' 00" WEST, ~117.0 FEET TO A POINT; 3. NORTH 60° 57' 10" WEST, 114.18 FEET TO A POINT ON THE EASTERLY LINE OF LAND NOW OR FORMERLY OF GO LDSM1-TH; THENCE NORTH 1° 20' 30" WEST ALONG LAST MENTIONED LAND 468.00 FEET TO A POINT ON THE SOUTHERLY LINE OF MAIN ROAD; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE SOUTHERLY SIDE OF MAIN ROAD; 1. SOUTH 89° 52' 00" EAST, 98.42 FEET TO A POINT; 2. NORTH 69° 07' 20" EAST, 68.75 FEET TO THE POINT OR PLACE OF BEGINNING. PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http:lMww.orps.state.ny.us or PHONE (518) 474-6450 JFOR COU.T~ USE O.,Y ~ I c,. sw= Cod. ~ ,-/ ~ ~ ~ ,~ ~ I_~ REAL PROPERTY TRANSFER REPORT STAi~ BoARSDT~TFER~FALN EpRWoYpOE R% SE RViC E S , ~,~ ,(~ ?'- ?2/- I ~~, RP - 5217 C~. Book ,~ '~ I C4. Page I~ ;-~f!~:.a RP.SZ. ~, ~ I BilUns itatherthanbuyereddre~lctbmlomoffotml lC 0 /~I~N~.;MY~_ R~J~'". ~.-~L.O;'~.[ I 4. Indicate the numhe~ of A~eesment Ball pored~ ttandmTed on the dM 6. eMlar Name (O. ly if FUrl of a FUmM( Cheek ee they appl~.. 4A. Planning Board with Subdivision Authority Exists [~] 4~ Subdivision ARoreval was Required for Transfer I 7. Check the box below whieh most aceuratdy da~ribee the use of the pr~f)erly at the time of sale: iOne Family Residential 2 or 3 Family Residential Bo.~dentlal Vacant Land Non-Residential Vacant Land I SALE INFORMATION I 11. Sale Contrigt Date 12. Date of Sale I Transfer Agricultural I [] Community Service Commercial J I~ Industrial , Apartment K~ Public Sew(ce Entertainment/Amusement L[__J Forest 8. Ownership Typo is Condominium [] I / / I ^ D F Sale Between Relatives or Fenner Ralative~ Sale 8atween Related Companies or Partners m Business One of the Bm/em is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) (Full Bolo Pri~ is the fatal amount paid ~r the ~ including pemonal p,openy. I ASSESSMENT INFORMATION - Data should refle~ the later Final ~s~sment Roll and Tax Bill Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included in Sale Pice Other Unusual Factors Affecting Sale Price (Specify Below) None , Ioo0- o$J,.oO - 07.00 - .~_~ .~ ~ I I I J I CERqlFICATION I ] estt~' thai .11 o~ the Iktm ~' hl~OflaalJml entel~d on thb fanta are true and eon'e(.1 (tn the bee o~ my k~oyd~d~., mid heUeD / I under.and Ilmt the malth~ oF rmv wtllful r-',lqe A1ateulelit d~' materbl rm herein will mhJefl me tn the prm'Nom or the uend tow Idntive to the makin,q and flUng of raLw in~rumenLq. BUYER SELLER BUYER'S ATrORNEY I NEW YORK STATE COPY