HomeMy WebLinkAboutL 7911 P 89 '* PF 30 (8174) standard N.Y.&T.U.Fors 8007 Bargain sad Sala Decd rnh Covaaaat against Cnatoe,Aela-ladividaal or Carparaltw
d;QONSULT TOUR LAWYER MORE SHINING THIS INSTtUMENT-THIS INSTRUMENT SHOULD N USED By LAWYERS OMLT.
THIS INDENTURE,made the 10th day of September,nineteen hundred and seventy-five
BETWEEN'
PAUL R. KNIGHT and MARY F. KNIGHT, his wife, both residing at.
(No Number) Saltaire Way, Mattituck, New York,
party of the first part,and
`y0 ARTHUR MELOSH and ANNE MELOSH,iiboth residing at 230 Jericho Turnpike,
Floral Park, New York,
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party of the second part,
WiiNESSETH,thai the party of•iite firs part,in consideration of Ten' And
_ --
----------------------- ---` ($10.00)- dollars,
----------- ------
\\ lawful money of the United States, and other good and valuable consideration, paid
by the party of the second part, does hereby grant and release unto tha party of the second part,the heirs,or succea
sons and assigns for 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
being7tIAM at Oregon near Mattituck, in the Town of Southold, County of
Suffolk, and State of New York, known and designated as Lot 2, on a
certain map entitled, "Map of Subdivision of Saltaire Estates, Town
of Southold, at Mattituck, Suffolk County, New York, " dated March 22 ,
1966, and filed in the Office of the Clerk of the County of Suffolk on
August 3, 1966, as Map Number 4682, said lot being bounded and described
as follows:
BEGINNING at a point on the southerly side of Sound View Avenue
said point being the extreme easterly end of a curve which connects
the southerly side of Sound View Avenue with the easterly side of Saltaire .
Way; RUNNING THENCE North 61 degrees 51 minutes 00 seconds East 76. 93
feet; THENCE South 16 degrees 59 minutes 30 seconds East 219.73 feet;
THENCE South 73 degrees 00 minutes 30 seconds West 100.0 feet to the
easterly side of Saltaire Way; THENCE North 16 degrees 59 minutes 30
seconds West along the easterly side^ of Saltaire Way 175 feet to the
southerly end of a curve which connects the easterly side of Saltaire
Way with the southerly side of Sound View Avenue; THENCE along the arc
of said curve which bears to the right and has a radius of 30.41 feet
a distance of 41.85 feet to the point or place of BEGINNING.
TOGETHER with the use of the right of way as shown on said map for
access to Long Island Sound and Lot No. 32 for recreational purposes
subject to such reasonable rules and regulations as may be imposed
by the party of the first part, its successors or assigns, including
a maintenance charge not to exceed $15.00 per year unless agreed upon by
a majority of the lot owners on said map.
THIS CONVEYANCE is made subject to the following:
1. A certain mortgage in the original amount of $25,000.00 made
by M.S.T. Construction Corp. to Southold Savings Bank dated November 14,
1973, and recorded on November 20, 1973, in the Suffolk County Clerk's
Office in Liber 6925 mp 425; and
2. A certain mortgage in the original amount of $3,000.00 made by
Paul R. iRnight and, Mary F. Knight to Southold Savings Bank, dated
`ESTER M. G.:G[RTSON
RECORDED SEP 18 1975 Clerk of Suffolk County
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LIBER 7911 FAU 9""
December 28, 1973, and recorded on January 2, 1974, in the Suffolk
County Clerk's Office in Liber 6961 mp 17, which two mortgages were
consolidated into one first mortgage of $28,000. 00 as of December 28,
1973, and said consolidation agreement was incorporated into the last
referred mortgage of record, and on which consolidated mortgages there ''
is now due the sum of $27,636.60 with interest thereon at the rate of
eight and one-half per centum (8-1/2%) per annum from August 28, 1975.
I
LESTER M. ALGERTSON
t1 ,
",'' R E C 0 R Q F D SEP 18 1975 Clerk of Saffo:k Coy � '' " "
Y
LIBER 7911 FALL 91
TOGETHER with all rights, title and interest,if any,of the party of the first part in and to any streets and roads abut-
ting the above described premises to the centerlines thereof,
TOGETHER with the appurtenances and all the estate and rights 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 of successors and
assigns of the party of the secondpart forever.
AND the party of the First part covenants that the party of the'frrst 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 pay-
ment 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 WIT-
NESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
ji IN PRESENCE OF:
L.S.
REAL ESWL ��' <^ STATE Of * Pam KnjArit
TRANSFER TAXA � �,-
Dept. of �rrl L.S.
TnXallan SEP1675 1 2. 2. 55 * �
8 finance en,,oaes Mary/F. KrfighV
nn n 1
LIBER7911 FALE J2
STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF as:
On ihe 10th day of September 19'75 , before me On the day of 19 ,before me
personally camepersonally came
Paul R: Knight and
4 Mary F. Knight, his wife
to meknown to be the individuals described'in and who to me known to be the individual described in and who
executed thefoeegoinginstrumentatudacknowledgedthae executedtheforeaoinghwtntmen%indacknowledgedthat
they executed the Sema executed the same.
Notary Public
CHARgS L RAFFE
e NOTARYPURL X. State of NeW Yo
'avfldl�4uhty No.RC2-`319531
Term Kuirey March.V.1.91]
STATE OF NEW YORK, COUNTY OF as: STATE 9F. NEW YORK, COUNTY OF SS:
On the day of 19 , before me On the day of 19 , before me
personally came' personally came
to me known,who,beingbymedulysworn,did depose and the subscribing witness to the foregoing instrument,with
say that he resides at No. whom I am personally acquainted,who,being by me duly
that he is the sworn,did depose and say that he resides at No.
of I
I r the corporation described that he knows ,
in and which executed the foregoing instrument-,that he to be the individual
knows the seal of said corporation; that the seal atHxed described in and who executed the foregoing instrument,
to Maid instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
aff ked by order of the board of directors of said corpora- execute the same;and that he,said witness,
tioh,,and that he signed h pame thereto by like orderat the same time subscribed h tame as witness thereto.
alil:T10N
With, Covenant Against Grantor's Acts BLOCS
Title No. 7S 52,-'6412 i 4 LOT
PAUL R. KNIGHT and MARX F. ,KNIGHT ComarOY7#iIM Of Suffolk
Town 'Of Southold
ARTHUR MIUSH, and TNNE 'MM)SH
Recorded At Regewl or
MUM TITLE t&UF1 TME INSURANCE COMPANYof NewYork
RETURN BY MAIL.TO
Stenderd Form of Now York
Board of Tiue Underwriters
Broderick, Galway & Vacarro
Ojvtribute4'by Counselors at Law
USUFE TITLE INSURANCE 291 Broadway
COMPANYofNewYork New York, N.Y. 10007
XrI�XIX
Attn: Andrew V. Galway, Esq.
Recorded Bv:
u 5 &&-Ulf TITLE INSURANCE
Company of New York
.'. 127 w Main Street •,c-2
-� Riverhead NY 11801
Return to:
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t -11FE TITLE INSURANCE Company of New York
Policy of
Title Insurance
IN CONSIDERATION OF the payment of its charges for the examination of title and
its premium for insurance, insures the within named insured against all loss or damage not
exceeding the amount of insurance stated herein and in addition the costs and expenses of
defending the title, estate or interest insured, which the insured shall sustain by reason of
` any defect or defects of title affecting the premises described`in Schedule A or affecting the
interest of the insured therein as heroin set forth, or by reason of unmarketability of the
title of the insured to or in the premises, or by reason of liens or incumbrances affecting
title at the date hereof, or by reason of any statutory lien for labor or material furnished
prior to the date hereof which has now gained or which may hereafter gain priority over the
interest insured hereby, or by reason of a lack of access to.and from the premises, excepting
all loss and damage by reason of the estates,interests,defects,objections, liens, incumbrances
and other matters set forth in Schedule B, or by the conditions of this policy hereby
^,::L..,•.,.
• incorporated into this contract, the loss and the amount to be ascertained in the manner
�J y�PY09<i••\i
provided in said conditions and to be payable upon compliance by the insured with the
SEAL ! stipulations of said conditions,and not otherwise.
{i 1947 re
IN WITNESS WHEREOF, USLIFE TITLE INSURANCE Company of New York has caused
M,
this policy t�o�be signed and
�sealed
�o n its date of issue set forth herein.
President
Fl /T2 Z �',,'
ATTEST.'Secretary
lidating Officer or ge t
i
Name of Insured ARTHUR MELOSH AND Policy No. 75-52-04214
ANN MELOSH, HIS WIFE
An1Oun`of
$45,000 .00Insurance
The estate or interest insured by this policy is Date of Issue 9/10/75
vested in the insured by means of
D E E D recorded 9/18/75
Schedule A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed.
Schedule B
The following estates, interests, defects,objection to title,liens and incumbrances and other natters are excepted from the coverages of this policy:
1. Defects and incumbrances arising or becoming a lien after the date of this policy,except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises.
3. Zoning restrictions or ordinances imposed by any governmental body.
4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created,suffered,assumed or agreed to,by or with the
privity of the insured.
5. Title to any property beyond the lines of the premises,or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes,
ways or waterways, or the right to maintain therein vaults, tupnels,ramps or any other structure or improvement, unless this policy specifically
provides that such titles, rights,or easements are insured. Notwithstanding any provisions in this paragraph to the contrary,this policy unless other-
wise excepted,insures the ordinary rights of access and egress belonging to abutting owners.
6. Compliance by the buildings or other erections upon the premises or their use with Federal, State, and Municipal laws, regulations and ordinances.
7. Title to any personal property,whether the same be attached to or used in connection with said premises or otherwise.
MORTGAGE held by SOUTHOLD SAVINGS BANK, recorded 11/20/73 , as now
reduced to $27 , 636. 60 .
SURVEY by Young & Young, dated 10/4/73 shows 2-story house and garage
under construction. Survey to be re-dated to show completed building .
Company excepts any state of facts a survey or inspection of the
premises made since 10/4/73 might show.
RIGHTS of tenants or persons in possession, if any.
POSSIBLE unpaid water charges .
COVENANTS AND RESTRICTIONS in L. 5879 p. 234; L. 6009 p. 320; L. 6029
p. 429; L. 7519 p. 78; L. 6598 p . 50; L. 6328 p. 431 .
• ' Report 13(11/74)
SCHEDULE A (Description)
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being at Oregon near Mattituck, in the Town of Southold, County of !
r
Suffolk and State of New York, known and designated as Lot 2, on a
t:
certain map entitled, "Map of Subdivision of Saltairs Estates , Town
of Southold at Mattituck, Suffolk County, New York" , dated March
1966 and filed in the Office of the Clerk of the County of Suffolk
on August 3 , 1966 as Map Number 4682, said lot being bounded and
described as follows:
BEGINNING at a point on the southerly side of Sound View Avenue said
i
point being the extreme easterly end of a curve which connects the
southerly side of SoundView Avenue with the easterly side of Saltaire
Way ; r
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running thence north 61e 51' 00" east along the southerly side of Sound
View Road, 76.93 feet ;
t
thence south 16e 59' 30" east 219 . 73 feet;
thence south 73° 00' 30" west 100.0 feet to the easterly side of
!
Saltaire Way; ;
thence nofth 16° 59' 30" west along the easterly side of Saltaire Way s
175 feet to the southerly end of a curve which connects the easterly
r
i
side of Saltaire Way with the southerly side of Sound View Avenue ,,
thence along the arc of said curve which bear to the right and has a
radius of 30.41 feet a distance of 41. 85 feet to the point or place t
of beginning. fF
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{
Conditions
of this Policy
1.Definitions
(a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of law including,
without limitation, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate successors,as the case may be,and those to
whom the insured has assigned this policy where such assignment is permitted by the terms hereof, and wherever the term "insured" is used in the
conditions of this policy it also includes the attorneys and agents of the"insured."
(b) Wherever the term"this company"is used in this policy it means USLI FE TITLE INSURANCE Company of New York.
(c) Wherever the term "final determination" or"finally determined" is used in this policy, it means the final'determination of a court of competent
jurisdiction after disposition of all appeals or after the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy,it means the property insured herein as described in Schedule A of this policy including
such buildings and improvements thereon which by law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the
county in which property insured herein lies.
2. Defense and Prosecution of Suits
(a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in
this policy.
(b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby
insured, or upon or under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder.
(c) In all cases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it the right and opportunity
to maintain or defend the action or proceeding,and all appeals from any determination therein, and give it all reasonable aid therein, and hereby
permits it to use therein,at its option,its own name or the name of the insured.
1d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the ex-
tent that this company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company.
3.Cases Where Liability Arises
No claim for damages shall arise or be maintainable under this policy except in the following cases:
(a) Where there has been a final determination under which the insured may be dispossessed,evicted or ejected from the premises or from some part or
undivided share or interest therein,
(b) Where there has been a final determination adverse to the title,upon a lien or incumbrance not excepted in this policy.
(c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest,or where the insured estate has been sold for
the benefit of the insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or incumbrance not
excepted in this policy and there has been a final determination sustaining the objection to the title.
(d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual
to charge the insured's estate or interest in the premises,or subject to a prior lien or incumbrance not excepted in this policy; or where a recording
officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal
because of a defect in the title to the said mortgage.
(e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises
and the title shall have been rejected by the proposed lender and it shall have been finally deterrtlined that the rejection of the title was justified be.
cause of a defect or incumbrance not excepted in this policy.
lfl Where the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there
shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or incumbrance not excepted in
this policy.
(g) Where the insured estate or ipterest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not
entitled to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy.
No claim for damages shall arise or be maintainable under this policy (1) if this company, after having received notice of an alleged defect or ocum
brance, removes such.defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in
settling any claim or suit without the written consent of this company.
4. Notice of Claim
In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured,or in case actual knoweIdge shall
come to the insured of any claim adverse to the title insured hereby,or in case of the service on or receipt by the insured of any paper, or of any
notice,summons, process or pleading in any action or proceeding,toe object or effect of which shall or may be to impugn,attack or call in question
the validity of the title hereby insured,the insured shall promptly notify this company thereof in writing at its main office and forward to this company
such paper or such notice,summons,process or pleading.Delay in giving this notice and delay in forwarding such paper or such notice, summons,
process or pleading shall not affect this company's liability it such failure has not prejudiced and cannot in the future prejudice this company.
5.Pay rnant of Loss
(a) This company will pay, in addition to the loss,all statutory costs and allowances imposed on the insured in litigation carried on by this company
for the insured under the terms of this policy.This company shall not be liable for and will not pay the fees of any counsel or attorney employed by
the insured.
(b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may
involve liability under this policy; or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy; or (31 may,
without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be
chosen by the insured and one by this company,and the two thus chosen selecting an umpire. Such valuation, less the amount of any incumbrances
on said insured estate and interest not hereby insured against,shall be the extent of this company's liability for such claim and no right of action shall
accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been served upon this company,and the insured shall
have tendered a conveyance or assignment of the insured estate or interest to this company or its designee at such valuation,diminished as aforesaid.
The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest.
(c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises.
(d) All payments made by this company under this policy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and
disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured
in such actions and proceedings,and (2) if the insured is a mortgagee, payments made to satisfy or subordinate prior liens or incumbrances not set
forth in Schedule B.
(e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within thirty days
thereafter.
6.Co-Inwrance and Apportionment
(a) In the event that partial loss occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the
insured becomes a co-insurer to the extent hereinafter set forth.
If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be
borne by the company as one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount
expended for the improvement.The foregoing provisions shall not apply to costs and attorneys'fees incurred by the Company in prosecuting or providing
for the defense of actions or proceedings in behalf of the insured pursuant to the terms of this policy or to Costs imposed on the insured in such
actions or proceedings, and shall applyonly to that portion of losses which exceed in the aggregate ten per cent of the face of the policy.
Provided, however, that the foregoing co-insurance provisions shatl not apply to any loss arising out of a lien or incumbrance for a liquidated amount
which existed on the date of this Policy and was not shown in Schedule B;and provided further,such co-insurance provisions shall not apply to any loss
if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the
amount of this policy.
(b) If the premises are divisible into separate, independent parcels,and a loss is established affecting one or more but not all of said parcels, the
loss shall be Computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, ex-
clusive of improvements Crede subsequent to the date of this policy.
(c) Clauses "(a)" and"1b)"of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor.
(d) If,at the time liability for any loss shall have been fixed pursuant to the conditions of this policy, the insured holds another policy of insurance
covering the serve loss issued by another company,this company shall not be liable to the insured for a greater proportion of the loss than the amount
that this policy bears to the whole amount of insurance held by the insured, unless another method of apportioning the loss shall have been provided
by agreement between this company and the other insurer or insurers.
7.Assignment of Policy
If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enure to the benefit of successive assignees of the
mortgage without consent of this Company or its endorsement of this policy. Provision is made in the rate manual of New York Board of Title
Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of
liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this Company be deemed
to have insured the sufficiency of the form of the assignment or other instrument of transfer or conveyance or to have assumed any liability for the
sufficiency of any proceedings after the date of this policy.
8.Subrogation
(a) This Company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto.The
insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to
any remaining interest of the insured.
(b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor
or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mort-
gage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under.this
policy shall in no event be increased by any such act of the insured.
9.Misrepresentation
Any untrue statement made by the insured,with respect to any material fact, or any suppression of or failure to disclose any material fact, or any
untrue answer by the insured, to material inquiries before the issuance of this policy,shall void this policy.
10. No Waiver of Conditions
This Company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby Concede
liability or waive any provision of this policy.
11. Policy Entire Contract
All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the
insured may have or may bring against this company in respect of other services rendered in connection with the issuance of this policy,shall be deemed
to have merged in and be restricted to its terms and Conditions.
12. Validation and Modification
This policy is valid only when duly signed by a validating officer or agent.Changes may be effected only by written endorsement. If the recording date
of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except
real estate taxes,assessments,water charges and sewer rents.
W11FE TITLE INSURANCE Company of New York
New York State Offices
Albany County Clusens County
90 State Street,Albany 12207 9&15 Sutphin Boulevard,Jamaica 11435
518 472.9161 212 739-4001
Bronx County Richmond County
371 East 149th Street,Bronx 10455 7 Hyatt Street,St.George,S.I. 10301
212 292-5200 212 425-8010 212 4422700
Kings County Rockland County
185 Montague Street,Brooklyn 11201 20 South Main Street,New City 10956
212 5220777 212 425-8010 914 634-3612 212 292.1528
Nassau County Suffolk County
170 Jericho Turnpike, Floral Park 11001 127 W.Main Street,Riverhead 11901
516 354-8500 212 347.2010 516 7274140 212 962-1445
New York County Westchester County
125 Maiden Lane,New York 10038 235 Main Street,White Plains 10601
212 425-8010 914 948-4040 212 824-0404
Policy 21 (7/75)
N.Y.B.T.U. Form No. 1000