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Home My WebLink AboutL 12759 P 587 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: DE055009 LIBER: D00012759 PAGE: 587 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 RECORDED Number of pages 2014 Jan 06 04:10:56 PM 5 JUDITH G. PASCALE CLERK OF SUFFOLK COUNTY This document will be public L D00012759 record. Please remove all P 587 Social SecurityNumbers DE055009 prior to recording. Deed /Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES (o Mortgage Amt. Page/ Filing Fee ' 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. EA-52 17(County) Sub Total So Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. DO Transfer Tax Affidavit Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 8o family dwelling only. Sub Total 0 YES or NO Other Grand Total 1W If NO, see appropriate tax clause on page # of this i ssq u ent. oC~ Dist. Section Block Lot 5 Community Preservation Fund Real Property 2645151 1000 09600 0100 019001 Consideration Amount $ -077 Tax Service Verification Improved 6 Satisfactio.\ is RECORD& RETURN T0- Vacant Land TO NATIONWIDE COURT SERVICE RECORDING DEPARTMENT - TD 761 Koehler Avenue SUITE A TO RONKONKOMA. NY 11779 Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name. www.suffolkcountyny.gov/clerk Title# _ CRC-7)41998-P B Suffolk County Recording & Endorsement Page This page forms pan of the attached 4ssiEy1NEAl'r A6-tiew"T made by: (5PECIFY TYPE OF INSTRUMENT) Arthur V. JunRe The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNOf Southold Crown Castle Towers 09 LLC In the VILLAGE or HAMLET of - Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • • Cie-Dq l oft- Prepared f State. r~0 O `?~e t~a1• D ® Vm to ud ®Nationwide Court Services, n~ 761 Koehler Avenue Suite A Ronkonkoma, NY 11779 Tax Parcel: 96-1-19.1 0024-29l cP I' ASSIGNMENT AGREEMENT . THIS ASSYJNMENT AGREEMENT ("Assignment") is made effective as of this Ll/41' day of :I U OT,- , 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 a N.Y. Land Lease Agreement dated November 29, 2004 with Cellular Telephone Company d/b/a AT&T Wireless, a New York partnership, by LIN Cellular Communications Corporation, a New York corporation, its general partner, as lessee ("AT&T"), whereby Assignor leased an approximately 310.5 square feet portion of Assignor's property to AT&T ("Lease Agreement"); 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 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 NY Cutchogue BU 806579 1 • 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 parry 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- 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. AS.!JIGNOR: (SEAL) V Arthur V. Junge STATE OF nn f~ )ss.: COUNTY OF QRtkAy) ) On the ~L day of IyAe, 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 upontt behalf of which the individual acted, executed the instrument. By: AAA~LL v. ALX-Aq 'e, Print Name: Cxzano- Ri Notary Public My Commission Expires: ~ J• .ZOI [affix notary stamp or seal] r OMWMON MIES jy 2018 Q;' C NY Cutchogue BU 806579 -3- l 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 Delae limited liability company By: l (SEAL) Print Name: &AMEtjN K Title: STATE OF TrvXAS ) ) SS. COUNTY OF 11215 On the day of JOKE in the year 2013 before me, the undersigned, personally appeared ~}l AM f j] 1U K [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 IM and acknowledged to me that she/he executed the same in her/his capacity as. I:YY [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 Name: Vt2G% Title: QwT I_DIXA7b7°- My Commission Expires: 3 ~5-14 [affix notar stamp or seal] KEISER RONNETTE MCMILLER Notary Public, State of Texas 3q,+. My Commission Expires '*.'%March 25, 2014 NY Cutchogue BU 806579 .4-