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Home My WebLink AboutL 12759 P 585 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ASSIGNMENT OF LEASES / RENTS Recorded: 01/08/2014 Number of Pages: 5 At: 04:10:56 PM Receipt Number : 14-0002298 MORTGAGE NUMBER: DE055007 LIBER: D00012759 PAGE: 585 District: Section: Block: Lot: 1000 096.00 01.00 019.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Fees Paid $130.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1] u RECORDED Numberofpages - 2014 Jan 08 04:10:56 P1 JUDITH P. PASCALE CLERK OF This document will be public SUFFOLK COUNTY L D0n012759 record. Please remove all P 585 Social Security Numbers DE055007 prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page/Filing Fee 4 Mortgage Amt. 1. Basic Tax Handling 20. DO 2. Additional Tax _ ao TP-584 ii;' Sub Total Notation SpecJAssit. So or EA-52 17(County) Sub Total Spec. /Add, EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 'g Transfer Tax Affidavit Mansion Tax rr Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Qn family dwelling only. Sub Total YES or NO Other JO If NO, see appropriate tax clause on Grand Total I2 page N of this instru ent. Dist. 2645149 1000 09600 0100 019001 5 Community Preservation Fund Rea Tax lService erty R DHO IIIIIIIVIIIIIII IIIIIIIIIIIII IIIIIIIVIIII Consideration Amount $ Agency 08-JAN-14 CPF Tax Due $ Verification Improved l OkYl 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land NATIONWIDE COURT SERVICE TD RECORDING DEPARTMENT TD 761 Koehler Avenue SUITE A TD RONKONKOMA, NY 11779 _J Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name - ' N C www,suffolkcountyny.gov/clerk Titled CRC-241998-P - 8 Suffolk County Recording & Endorsement Page This page forms part of the attached ASS16fu.1wr 19h2EEMEn17 made. by: (SPECIFY TYPE OF INSTRUMENT) Arthur V, Junee The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Crown Castle Towers 09 I I C In the VILLAGE or HAMLET of ?rhogue BOXES 6THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I 1 Nationwide Court Services, Inc. repared out of State. 761 Koehler Avenl18 9E`F~te arrtteloslrn~tW. Suite A Pro e~ Ronkonkoma, NY 11779 nno~- Tax Parcel: 96-1-19.1 616-Z14tga$ P ASSIGNMENT AGREEMENT THIS ASfSISrNMENT AGREEMENT ("Assignment") is made effective as of this day of -Y 1) T~ , 2013 ("Effective Date"), by ARTHUR V. JUNGE ("Assignor"), having a mailing address of 418 Moulton Hill Road, Lyman, NH 03585, and CROWN CASTLE TOWERS 09 LLC, a Delaware limited liability company ("Assignee".), whose address is c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, 2000 Corporate Drive, Canonsburg, PA 15317. WHEREAS, Assignor, as lessor, entered into an Option and Lease Agreement dated June 3, 1991, with New York SMSA Limited Partnership ("NYSMSA"), as lessee ("Lease Agreement"), whereby Assignor leased an approximately 312 square feet portion of Assignor's property to NYSMSA; and WHEREAS, NYSMSA assigned its right, title and interest in the Lease Agreement to Crown Atlantic Company LLC, a Delaware limited liability company, pursuant to that assignment instrument dated March 31, 1999; and WHEREAS, Assignor and Crown Atlantic Company LLC, a Delaware limited liability company, entered into an Amendment to Lease Agreement dated July 12, 2005, a memorandum of which is recorded in Liber D00012412, Page 954 in the Clerk's Office; and WHEREAS, the leased premises that is the subject of the Lease Agreement is a portion of that property owned by Assignor and located at 21855 County Road 48, Cutchogue, New York, as such underlying property is described in that instrument recorded in the Suffolk County Clerk's Office ("Clerk's Office") in Liber 10321, Page 162; and WHEREAS, Assignor and Assignee have entered into a Grant of Easement of even date herewith (the "Easement"), granting and conveying unto Assignee a perpetual easement for NY Cutchogue BU 806579 1 constructing, maintaining, and operating a wireless communications facility over a portion of Assignor's property containing approximately 2,578.41 square feet, together with an exclusive, perpetual right-of-way for ingress and egress and utilities; and WHEREAS, the property on which the Easement is located contains all of the leased premises that is the subject of the Lease Agreement; and WHEREAS, in furtherance of the Easement, Assignor hereby desires to assign any and all of Assignor's right, title, and interest in the Lease Agreement to Assignee. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease Agreement. The recitals are incorporated herein by reference. 2. Assignor hereby transfers, assigns and conveys unto Assignee, its successors and assigns, any and all of Assignor's right, title and interest to the Lease Agreement (the "Assigned Rights"), including but not limited to: (i) all rents, security deposits and other monies due or to become due to Assignor pursuant to the Lease Agreement; (ii) the right to amend any and all terms of the Lease Agreement; (iii) the right to extend the length of the term of the Lease Agreement; and (iv) the right to increase the size of the area subject to the Lease Agreement so long as any such expansion is within that area over which Assignor has granted to Assignee an exclusive perpetual easement under the Easement. Assignee assumes the obligations and liabilities of Assignor, as lessor, under the Lease Agreement accruing after the date of this Assignment, but only to the extent that such obligations and liabilities are not the responsibility of Assignor pursuant to the terms of the Easement. 3. Assignor hereby represents, warrants, covenants and agrees as follows: (a) Assignor has full right and authority to execute and deliver this Assignment and to assign the Assigned Rights to Assignee, and all consents, approvals and authorizations necessary for Assignor to consummate the transaction contemplated hereby have been obtained; and (b) Assignor is the lawful owner of the Assigned Rights, no other party has any interest in or claim against the Assigned Rights, the Assigned Rights are free from all liens, and Assignor will warrant and defend the same against the lawful claims and demands of all persons whomsoever; and (c) Assignor is the current lessor under the Lease Agreement, the Lease Agreement is in full force and effect, and no default exists under the Lease Agreement on the part of either Assignor, as lessor, or the lessee thereunder, and, to Assignor's knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by either lessor or lessee under the Lease Agreement. 4. This Assignment may be executed in multiple counterparts, each of which may be treated as an original. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] NY Cutchogue BU 806579 -2- i IN WITNESS WHEREOF, the parties, having read the foregoing and intending to be legally bound hereby, have executed this Assignment under seal with an intended Effective Date as of the day and year first written above. ASSIGNOR: (SEAL) Arthur V. Junge STATE OF iee ) )ss.: COUNTY OF 09AP v1 ) On the At day of Ju e' in the year 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Arthur V. Junge, 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 Assignment Agreement and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the Assignment Agreement, the individual, or the person upon behalf of which the individual acted, executed the instrument. By: t1w Q- Print Name: o k~ R Notary Public My Commission Expires: 101. q QDltp [affix notary stamp or seal] r \~~pUlUllBlryrygz ~Nt9. i: 16 y ~Q a °o~qq li PUBS-`~ ~~`O~~\ NY Cutchogue BU 806579 -3- I IN WITNESS WHEREOF, the parties, having read the foregoing and intending to be legally bound hereby, have executed this Assignment under seal with an intended Effective Date as of the day and year first written above. ASSIGNEE: Crown Castle Towers 09 LLC, a Delaw limited liability company By:(SEAL) Print Name:_&4K10- Title: • b VP STATE OF TEXAS ) ) SS. COUNTY OF ffjft f S ) On the .90 day of Ju (tE in the year 2013 before me, the undersigned, personally appeared QLA-LE {•¢A-fNK. [name], 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 Assignment Agreement and acknowledged to me that she/he executed the same in her/his capacity as b V p [title] of Crown Castle Towers 09 LLC, a Delaware limited liability company, and that by his/her signature on the Grant of Easement, the individual, or the person upon behalf of which the individual acted, executed the Assignment Agreement. By: Print 14ame: /~y7 c ll (CM IL1~- Title: P Q f G.PT ('rpeb 1MA7M!- My Commission Expires: ,3•QS'/V [affix notary stamp or seal] KELSER RONNETTE MCMILLER Notary Public. Stale of Texas y,• My Commission Expires March 25, 2014 NY Cutchogue BU 806579 .4