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DISTRICT (��'SE'C�TION BLOCK �''�''��7LOT
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LIFE ESTATE USE AND OCCUPANCY AGREANT 90
AGREEMENT made September 23, 1987 between FRANK
HINDERMAN residing at Nonumber Pierce Drive, Cutchogue, New
York 11935 and EDWARD F. HINDERMANN and JOAN HINDERMANN, his
wife, residing at 1351 Merrifield Court, Deltona, Florida;
WHEREAS, the parties are owners of a parcel of real
property at Cutchogue, New York more fully and described on
Schedule A; and
WHEREAS, the parties have agreed to a settlement of a
lawsuit in Supreme Court, Suffolk County (Index No. 86-
18894) arising from ownership of said property, whereby
title to said premises is being conveyed to EDWARD F.
3, HINDERMANN and JOAN HINDERMANN, his wife, simultaneously
o / herewith, subject to a life use and occupancy agreement as
set forth herein;
00 5%,�-';• ; ; • NOW, THEREFORE, it is agreed as follows:
1. FRANK HINDERMAN shall have life use and occupancy
Go of the premises described in Schedule A, subject to the
terms and conditions set forth herein.
2. FRANK HINDERMAN shall, during the entire period of
such use and occupancy:
DISTRICT a) Pay the real property taxes and assessments on
1000 the premises in a timely manner and shall furnish EDWARD F.
HINDERMANN and JOAN HINDERMANN, his wife, proof of payment
SECTION within thirty (30) days after the due date.
136.00 b) Maintain fire insurance and extended coverage
for the actual replacement value of all structures on the
BLOCK premises, liability insurance in the minimum amount of
01.00 $1, 000, 000. 00 and property damage insurance in the minimum
amount of $50, 000.00. Such policies shall be written by
LOT solvent insurance companies licensed to do business in the
State of New York and naming EDWARD F. HINDERMANN and JOAN
HINDERMANN, his wife, as additional insured. FRANK
HINDERMAN shall furnish to EDWARD F. HINDERMANN and JOAN
06 D/ HINDERMANN, his wife, proof of payment of said premiums
within thirty (30) days after the due date.
c) Maintain the premises, including the building,
bulkhead and grounds in good and reasonable condition
, 3. Such life use and occupancy shall terminate twenty
1 (20) days after mailing of a notice to FRANK HINDERMAN, by
certified mail, return receipt requested, addressed to the
premises, with a copy to William G. Wallace, Esq. , 1505
` Kellum Place, Mineola, NY 11501, that any of the items set
\ forth below have not been complied with and his failure to
furnish proof of compliance with such item within the twenty
(20) day period:
a) If such residence shall cease to be his actual
permanent and primary residence, or if he shall cease to
actually reside at and occupy the premises for any reason as
his permanent and primary residence. Residence or occupancy
at a nursing home or health care facility, except temporary
hospitalization, shall constitute a cessation of occupancy
hereunder.
b) If he fails to pay the taxes, maintain the
insurance or maintain the premises, as set forth in
paragraph 2 herein, or make reimbursement as set forth in
paragraph 6 herein.
c) If FRANK HINDERMAN fails to permit the
inspection set forth in paragraph 4 herein, or if FRANK
HINDERMAN breaches the provision of paragraph 5 herein.
OCT 13 ID87' 1, iLi,'
C r. r ! .•
�tc: i, OCT
t , lei 442 PC5c,IS
Rider* which may be used with Standard NYBTU Form 8041,rev. 11/78
i
SCHEDULE A
(Description of Premises)
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, at Cutchogue, Suffolk County, State
of New York, known as Lots 44, 45, 46 and 47 on a certain map entitled
"Map of Eugene Heights owned by Jacob F. Bowers, situate at Cutchogue,
N.Y. surveyed by Otto W. Van Tuyl, Surveyor, Greenport, N.Y. October 23,
1928" and filed in the Office of the Clerk of Suffolk County as Map No.
856.
TOGETHER with all of the right, title and interest of the party
of the first part in and to the 25 foot private right of way to the West
of the property for the purposes of ingress and egress.
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s OCT Y3 1987> tiULIMI A. n
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CHICAGO TITLE