The URL can be used to link to this page

Home My WebLink AboutBOURGUIGNON, WILLIAM & MERLE Standard N.Y.B.T.U. Form 8004-~[~a'5-Quirclaim Deed-Indivldual or Corporation (sin:laP. de0 :ONSULT YOUR fi. AWYE~ BEFGR~ SI,Gi~NG'I~]$ INSTRGMENT--THLS IKSTRUMENI'.SHOL1LD BE USED BY LAWYERS 'O~,Y THI~ INDF2qTURF~ made the BETWEt~ bus. I day of , nineteen hundred and SeVeirtt¥ having a plac~ of. New YOrk, party of 'd~e Second part, ~41TNF,.SSETH, that the pa~y of thc first part, in consideration of Ten Dollars paid by the par~ of the second p~n, does hereby remlse, release and qultchdm unto the par[7 of the second l~rt, the, heirs or successors and assigns of the party of the second part forever, described as follows: 8[B. iNHi~ at a point which l's the fotlow~ng courses and distances k on Janu~ r¥ 3, ' t ~n East ~elong on t~ ~sterl'y s~re of Naititu~ Creek (or Bay) as shown aforesaid ~p., ~]ch sa~d point ~s t~ TR~E POINT OR P~C[ 0F minu~ to the p ~td:~nary high.water ~rk of ~:tltuck ~reek~ rann~ t~ace a ~utherly d. lrsc~i~a along th~ ptesen:~ oral--fy high water ~rk to a poln~ fo~ ~y .the mterseftion~ present, water ~rk a~ t~ extension of t~ ~ivis[oa . ) ina "L' on Ihe aforesaid ~.p; ruanitag t~nce ~rah ~us or minus ~o the ~si.er}y shore of ~n '~ t~ aforesaid .~ ranni:ng :henCe .d~rectlon along-t~ o~l:~ar'y high ~a~er ~ as s~n on the a~resiid ~0 ~ be~en plots the IRUE P~Cg OF a of :Y tuck the ? and -the d~:vislon line by the pKeSent~ mark., on 't~ sou.th bls:ti o~ the TOGETHLER w[~ ~U ~ght,.fifle ~d ~ter~ if ~y, of the ~ of ~e fir~ ~ o~, in a~ to ~y ~r~ ~d r6ads abuiti~g :tbe'aboie-a~b~jpr~s~ !o ~e'~t~ ~a ~; ~?GE~ER ~~~ and ~ G~e ~ate and ~igh~.~of the pa~'ot the fira ~ ~ ~d to ~a .pt~ses; i~ ~va ~anu a~ H~LD.the premis~ hgr~in .~t~ ~n~ ~ ~y of ~e ~d ~, the he~s or succors ~d assays of the pa~y :of t~e s~nff ~fl io~er. of ~e frs: ~ will. r~ve ~e co~d~t!0n ~o~ ~s ~n~ ~ ~t~ ~oli ~e ~ ~o r~!ve S~ ~.,~ .' te ~e first to the ~ent o[ the ~st oi. ~e ~mv~t ~to~ ua~ ~y pan ot me to~ oi me ~ e o ~y o~ pu~os~ · he word "p~tf' s~ be con~ed ~ if it rind "~" whenev~ the s~se of this inden~re ~ require. ~ W~ wH~OF,.the pa~ o{ ~e fi~ pa~ ~ duly ex~t~ this deed ~e ~y and y~ first a~ve ~itten. ~ PRESEHC~ O~1 BOARD OF TO~H TRUSTEES T~N OF~SOLrI'~LD .{ · oums Pql p~ln~xp l~eql p~p%v~ou.'loe p~ .'%umgnalsu! l~u!q~ozol oq~ p~lg~×~ oq.~ put~ u.,. p*~t.uvs~p [znp}a!pu.~ oq%. oq ol mwou~t aLU Ol ,ttre~ £[I~UOSZOcI *m a.~o~,q ' 6[ to X~P *tt:t u0 alO AJ. iqfloD '~IOA. ~2IM .:I0 TOWN'.OF SOUTHOLD BOARD O'F' TOWN TRUSTEES Pursuant to the p~ovisions, of' Chapter 615of the Laws of 18~3 of the State of New York; Chapter 404 of the Laws of 1952 of the State of New York; the pr~- visions of an ordin~ulce entitled "Southold Town Ord~ce Re~ai.~g the Placing of Obsb-uctions ~n an4 on Town Waters and Public L~ds, and the Remov~ of Sand, GraVel or ,other 5{aterials from Lands under Town V~atem", and ~ acc~dance the resolution 0~ the Board of Trustees of the Town of SoutBold adopted at a meet- Oe~r. 20, .1969 ~ng of said }Board. on ............................ m~d in ~nsiderat[on of-the. of S. ~.~,~..., ]awf~ m. oney of the United S.tates, paid b7 resim~ at . .~9.'.~R~ .?~.q,: ~3%~S~,. ~:~ ....... New ~ork, me: said Board of ~ust~es of-the To~vn of ,South Qld, Suffolk Count, NeW:York, hereby ~=t~o~d ~s r~r=it~ ~d ..... ~. ~FF.W'~:~ .9..g~:...: ............ to instil aj 8 30 ft.~ in ac~ord~ wi~ the application su~itte~. The said:: ..?~..: ..~.:..F~..u~ .t~.i..~.r.~..n..~..?.~.:.., as part .of the consideration for the issuance .of this permit does hereby release the said Board of Trustees and the To%vn of South.old from any and all damages claims for damages or suits that may arise ,or occur d-i~ectly or indirectly as a result of any operation carried on un- 'dar and pursuant to this permit, and will at his own expense, defend any and .all suits which may be brought by third parties, as a result of any operation carried on pursuant ~o or in accordance with the zerms of this permit, and assume full liability with respect thereto to the corn plete exclusion of said ]Board of Trustees and [he Town of Southold. THIS PERMIT is subject lo the following terms and conditions: 1. Thai there s~alt be no unreasonable interference with navigation as a result of the work hea;ein authorized. 2. That there shall be no interference with the right of the public to pass and re- pass along that portion of the beach between low and high water mark. 3. That the work shall be subject to the supervision and app~oval of the said Board of Trustees .or its agents. 4. That if future operations of the Tow~ of Southold require theremovaI and/or alteration in the location of the work herein authorized, or if, in the opinion of the Board-of T~ms~ees of the Town of Southold, such work shall cause un- reasonable .o~JStruction to free navigation, the said . ..i~. ;..A.:..B. g,U.r. 9~..i.~.n.o..n.' will be required upon due notice from the said Board of Trustees; to remove or alter th~ loeatlon of the W~ork' here by authorized without expense to the Town of~Southotd, so as t~ ~render navigation reas. onabty free and unobstruct- The authority conferred by this permit may be terminated by the Board of Trustees for a failure on the part of the said ....,..~...~.,.~.%...~,~.~:F.~gk~..~..,...~.,,..'~.~.,.; ................... to comply with the terms and conditions herein imoosed~ in the event of such termination, this permit shall be deemed revoked five (5) days after the date when- the Board of Trustees shall mail to the said ..... ..~.~..1..'.~....~.....~..,,,....~?.,..~..D.~.~...,O,~..,~.,~[,. ............ at the address given in his application, .a certified copy of o resolution of the Board of Trustees directing such termination. tN WITNESS WHEREOF, the said Board of Trustees of the Town of Southold has caused its ,corporate seal to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written, ........................................................ (L. STATE OF NEW YORK COUNTY OF SUFFOLK personally appeared Allah Goldsmith. Frank D~wson, John F. McNul~¥ an~ Douglas ]~obertson. all personally known to me, who, being by me duly sworn, severally said that they each resided in the Town of Southold, Coun~ of Suffolk, State of New York, and were~members of the Board of Trustees of said Town of Southold and constituted o mojoH~ of the .same; that they knew the corporate seal of said Tow~ of Southold; that the seal affixed to thc foregoing instrument was such corporate seal; that it was so affixed thereunto by order of the Board of Trustees of said Town. of Southold and that each one signed his nome thereto as a Trustee and by like order. ....~~~ Notary Public ~ ~OTA~y P~BLJC 8~ate al "e'~ York March 11, 1970 Mrs. Mar[!on Regent, Secreta'r~ Board of :Tou~.n' /r.us:'tees Town of Sour.hOld Ma i n Road $outhold, New York 1.1.97t RE- Property of William & Merle doan 8ourguignon Dear Mrs. Regent: In connection with the above matter, I am returning to you herewith the.quitclaim deed which had been executed by the President Of the BOard. The .County Clerk has requested that the corporate acknowl- edgment be used on the reverse side of the deed instead of the individual acknowledgm~J~:t. Would you kindly fill in the corporate acknowledgment and return the deed to me in the enveio.pe provided° Very truly yours, NPS: ah 'Enclosures LA~V OFFICES MARS, BURTOlk' ~lgD W]EISSt~A_N 38 0~1{ ' STREET PATC HOGU E ~ ~, y. 11772 516 2~9-1212 January 30, 1970 Mrs. Marl'on Regent, Secretary Boa~l of:Town T'rustees · Town o:f Sou.thold Main-Road · $out'hold,~ New York 11971 Dear Mrs. Regent RE: Property of William 8ourguignon, Jr. and Merle Joan Bo.urguigno. n Several moths ago, f requested that the Town Trustees fur- nish my clients named above with a quitclaim deed for that portion of t.heir property whi'ch abuts the Mattituck Creek and which has beenWilled in" by the' Town of Southotd. .On July 15, you for- warded to me a letter indicating that the Town Trustees were will'ing to execute such a deed and suggested that I forward the same to you in duplicate. Pursuant to your instructions, i am enclosing herewith an appropriate quitclaim deed and request that you have it executed in the proper manner by a representative of the Trustees. PI.ease be certain that the seal of the Trustees ~s affixed to the deed and that the acknowledgment clause on the reverse side is completed' in the proper manner° Also, enclosed is a check in the sum of $1 in payment of the required fee° Thank you very much for your co-operation. Very truly yours, NPS:ah Enclosures MARS, BURTON AND WE I SSMAN' FREDERICK M, MARS BERNARD ~-. BURTON NICHOLAS P. 5CELSA LA~ OFPICES MARS AND BURTON 38 OAK STREET June 27, 1969 Truste.e,s o'f the Town of Southold S0uthol.d Town Hall MainRoa'd Southotd~ New York 119.71 Gentlemen: I represent William' B. ourguignon Jr., and Merle Joan Bourguignon, w~o .recently purchased certain property which abuts on"Mattituck Creek. I enclose herewith~a copy of the survey of the subject'property° You will note from-such survey that the portion of abutting the creek is shown as a filled area, which area w~s apparently at one time under w~ter and has since been fitle'd in by dredging by the To~n of Southold. Ourttitle .company has raised the question as to whether or -not my clients have marketable title to the filled area. I have been advised that the Trustees of the 'Town of Southold have in the past, in situations such as the one presented here, conve~ed to the property owner by Deed or ~her appropriate instrument.any of the town's interest in and t.o such filled area ther.eby giving the property owner clear and marketable title to the same. On behalf of my clients, I now request that you furnish me with Deed to the filled in area. I am also enclosin9 herewith the copy of my client'.s Deed and a copy of their policy of title insurance. Please advise me as to whether you will be willing to furnish me with the requested Deed. Very truly yours, MARS AND BURTON Nicholas p. Scelsa NPS':br Enc!s. FORM NO. t TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved ..... . ............. D isa pproved ~/c APPLICATION FOR PERMIT INSTRUCTIONS A. This application to be completely filled {n by. ~ypewriter or in ink and submitted to the Town Trustees in dup- licate. I3. Plot plan showing location of lot and buildings on premises, rela%{on to adjoining; premises, public streets, parks. etc., and giving detailed description of proposed layout of project must be drawn on. diagram which is parr of this application. C, The work covered by this applicatio~ may nor be commenced before the issuance of a permit, D. Upon approval of this appl~¢atign, Town Trustees wilt issue a permk ro applicant, Such permit shal} be kept on the premises and available for inspection at all rimes. E. Applicant shall notify the Board of Trustees upon completion of the ~vork covered by permit. APPLICATION IS HEREBY MADE to the Board of Trustees of the Town of Southotd, Suffolk County, New York, for the issuance of a permit pursuant to the l~'ws, Ordinances and regulations ~oYerning construction of: docks, piers, bulkheads, jettys and dredging in, under, and over the wa'rets o[ Town of Southold. The applicant agrees to comply'with all applicable laws, ordinances, regulations and conditions specified by said trustees, and to hold the Town of Southold, and all Town officials free from liability and damages of any kind. Street address of ~rop¢~y .~.~.XO~-~.~.,..r~,~.-':~..~Z~r-~,,...,~.~ ....... ',~.,,gi'~.X...9.~ ........ Home Address If Other Than Location ....................................................................... Creek. Bay or Harbor Fronting Property ,/~7':..~'J~'.~. ,~----~ ~-~. ......................... Permits Requested To: /,~J~.. ~.~(~:?,a3r~-~.~...~(cJ'.~/~./~.~:,{~/y~- ~,~..~'~/,2~2~,,~;;..~.~;~-~. · · Size of Proposed Work: Length .~. ~.,~?'7 .... %qdth ~ .~--~.. Heighth Above It!Eh Water ./~. ~.~.~.-T... Depth Below Low Water .../~,,~. ...... Average Rise In Tide .. ~./~¢'.~... Yards to Be Excavated . ~... Vqidth of Canal. Creek or Bay Fronting Property ,,~/~.~..~.~-~'~. · Depth a~ Lo~v Tide . Is This For Private or Business Use? . .~?~/~ .... ~f'.,~ ................. Area Zoning Complete' plot plan to be drawn on reYerse side of this application. STATE OB' NEW YORK ) COUNTY 53t~t-.g[ .~,r~... ~.: .~J~H~{~: t~eing duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true ro the best of his knowledge and belief; that the work will be done in the manner set forth in the application and as approved by the Board of Trustees of the Town' of Sonthold, and the ~pplicant agrees t0 hold ~he To~ of Southold and said trustees harmless and free from any and all damages and elk/ms arising under or by virtue of said permit. ....... No, 52-7031050 ~mi~ioa ~ires Mamb ~ 197~j POLICY OF TiTLE INS NCE No. 8"-353977-A SECURITY TITLE AND GUARANTY COMPANY !of title 'and./ts n~emium'ck] :__ _ , · , . . :inafion .... m~urance, insures the within named: insured against. ' alt loSS ~r damage.~not 'exceeding the amount o~f insurance stated .herein and in ' ~ddition-the cdsts and expet~ses Of' defending the title,"estate or interest insured, which:the insured shall sustain by reason~of an~/defect or defects of title' affect. i, ng ~the premises ;described in Schedule A or affecting the interest of the insured '.fherein .as herein set forth, or by reason of u'nmarketability of the title of the Msured to or in the premises, or by reason of liens or incumbrances affecting .title .a't~ the 'datd hereof, or by reason of any statutory, lien forlabor or .material fnr:nished..~, prior to the da,e hereof which has now gained or which may here- a~er' gain priority over the interest insured hereby, or. by reason of a lack Of aneess to and from the premises, excepting all loss and damage by reason the estates, interest~ .i-t_ ~ . , . ,. . y - . of :. :.'.::. . ~? ,~,~ts, ooject~ons, hens, ~neumbrances and other matters set ~6rth in Schedule B, or by the conditions of this policy hereby incorporated into thi~" contract, 'the loss and the amount to be ascertained in the manner pro- videdl i~ said:con/iitions and to be paya.ble upon compliance by the insured With ~ tbS: ~tipalations of said conditfons, and not otherwise. TITLE AND' SUARANT¥ COMPANy has: Ca~used. i~.. ' th~s., policy 'to be Signed~ i and Se&led on its date o~ issue.set':~orth herein. President ' :j CONDITIONS' OF THIS POLICY Section 1 DI~FI~HOI~S (a) Wherever th~ term ~in~ur~l" is u~ in thk ~cy it' ~ ~u~ to 'the i~t ~ the ~d ~y o~ra~ion..of ',"~i~ou~ ~tati~. ~ di~b~, ~, ~ ' b~ .~d '~ '~ wh~m. the in~ ~ ~ ~ ~ .~i~t S ~ttM by ~e t~ ~ and determined' final .i t of a court of after the time used in th~ policy, ii described in Schedule A of this improven/ents ~hereon whicl~ by is in insured herein lies. ~,, AND' PROSECUTION OF'SUITS at its own cost, defend the insured in all a claim of title or incumh~,'ance not right z:ad m~y, ~. its own cost, action or proceeding relath~g to the title or Or lipon or ~nder au~ covenant or contract considers desirable lo prevent or reduce loss In all case~ where this policy re~luires or permits this company nsured shall ~e~u~ to it file right ~nd the action or proceedihg, and all therein, and give it all reasonable aid R to use therein, at i~ option, its own this section shall s~vive payment ky this or ~ayment of ghe ~tire amount of this " compau~ shall d~em it neceSsary in , be liable therefor to the WHERE LIABILITY ARISES he maintainable under this pallc~ been a fiuhl determination under which the or *jected' ~rom the premises or Itare or interest; therein. a final det~mlnation adverse to the fit]e, this policy. .have'contranted in good ~ith in writing i~ierest, o'r where the insured.estate has ~. cf the insured p~ to thn judgment or rifle ~ been rejected because .of a dofect or in this policy and there has been a final objection to the title. interesl of a mortgagee and the a final determination to be invalid or estate ~r interest in the preaniscs, o~ incumbrance nm excepted in.thin policy; s refused to ~¢eept fi'om the insured a e' and there has been a final deter- because of a defect in the title to the have negotiated a loan to be, made on insured's asante or interest in the jeeted t~y thc proposed leuc~er '3l have finally determined that the rejection of the title was justified because of a defect or incumbrance not except~ ~ thi~ ~Ii~. (f} Wh~ the ins~ sh~ have ~ansf~ed the tide .~ured by ~: ~t c~t~. cov~a~ in raged io .ti~'.~or ~a~nty 'the~f. ~d there s~ haPe b~n a fin~ det~atlon on any of/'such n~ts er w~, ~a~il ~e ~su~ed~ b~nse of a d~ect or ~inc~- brance nol exeeptM ~ shis (g) ~ere the in~cd'~tatV or ~t~res~ 0r s part ~f~'h~ taken by cond~tbn ~d, it '~ b~n fin~ly dete~d that i~ is no~ ehfided' ~ ~'~ aWa~ ~or ~e ~ate er intex~'~k~n' becau~ of adefea o~ in~mbr~ not e~pted ~ I~s.pot[~, ' . No c~im for. ~am~ -s~. ~se or. be .m~ta~able ~der . thi.s policy .~(I) ff l~s Comp~y~ g~e~ ha~ing receivM n~tice of a~ ~H~g~d ' defect or.' ine~rance, ~em~. such defe~t or ~cumb~n~', Wlth~' thi~ fla~ kft~ reeeip{ of sue~. n0tie~; or (2) ~' Nabi~w vo]~r~y:' a~sum~ by the 'insured ~ ze~ng a~y ~]a~ or s~t :w~thout:. the ~tten ~ons~t of tMs core,ny, S~tion 4 NO~CE 0F~: in c~e a p~ch~er or propped mortgage lend~ rais~ 'any qan~tion as to ~e s~en~ 0f the fide hereby in--M, ~ ~ .~'.~ct~ knowledge sh~l ~e te ~e ins~ed of ~y el~ aflv~e ~o thc :~e ins~ed hereby, 'Or in c~ of ~he ~rvice on or rec~pt by th~ ins~ed actio~ or preening, the object or e~ect of which ~h~t' or may be impugn, a~taek or ~ in ~u~tion the va~dit7 oi the tit~ here~ ins~ed, the i~ed 'shall promptly noti~ i~s company '~l~f writing at its m~ o~ ~fl ~o~ard ~o this company such paper such notice, summons, pr~ss 6r pleading. De~y ~ ~v~ ~i~ notice' and d~ay in {o~ding s~h ~per o~ such noticc, s~, or ~eading sh~l not affect this' company's liabl]i~ i! s~h [a~u~ no~ prejudiced ~d c~not in the furore prejudice ~is ~mp~y. S~fi~ 5- PA~ OF LOSS ~al ~ company w~] pay, ~ ad,rich to ~e 1~ aH statu~ costs an~ ~lowances imam on the in--ed in litigati6n ~ed 0n. by this comply for t~ ~sured under the t~s of this polio. This. company sha~ not be tiaMe for ~d .~.not pay the f~s 'of any couns~ or annoy ~ployM by the inked. (b) In eve~ c~ where cl~ is ~e for loss or, damage this ~ompany (1)' res~ the ~t ~ se~ at its .o~ ~st, an~ cla~ or suit ~hieh may involv~ liability under t~!s ~li~; o9 (2) ~ig te~- hate RS liability heralder by paying or tende~ng '~e iall '~m~nnt tion of the ~s~ es{ate or in.teres~ ~o he ~de by thee ~tr~te~ 0r ~y two o( them, ~e to ~ ch~n by the. ]ns~ea ann one by company, and the ~o ~us ehman ~leeting '~ utopia. S~ch vatnc- rich, l~s the ~oun~ 0f any. incumbranc~ on said ~ ~st~ inter~t not hereby in~ured against, sh~ ~ the exten~ o{ ',this paay's liability ~r such ~laim and n0 ri~ of aetio~' '~h~II:aeeme hereunder ~or ~h~ re~v~' thereof u~tll thi~y da~s a~er ~nd~i~e such v~ua~o~ shall have ~n ~ed u~n this comply, ~d the ~s~ed shall have tend~ed'a conveyance or ~ignm~nt of the ~tate er integer t~ this comply or i~s desi~ at such ,v~ua~ion,: dimi~she~ as afor~id~ Tha ~oreg0~g option to fii a ~]~liVn. arbitration sh~ not apply to a poli~ ~s~ing a mo~gage or ]~sehold. ~terest. (c) ~ability te any coH~ter~ holder of this' ~]icy sM~ nol the ~ount of the peaunia~ :nreresl of such ,coHat~at holder ~n the praises. (d) Ali payments m~de by this company under tMs p~icy shall redu~ the ~o~t he~f pro t~to except (t) paym~ts made {or ~unset f~ and. d~b~m~ts in defending or pm~cu~ng ac~ons or' proc~flings in behalf Of th~ i~ured ~d (or statuto~ costs and ~c~ impoied on t~' in,urn'in such actio~ ~d procec~ngs, and (2). if the i~ured is a mortgage~ paym~rs mhde te ~sfy ur subordi- nate prior liens or ine~brances not ~t fo~h in ~hed~e B. (e) When liability ~as ~n definitely fixed: in ~o~ ~ith the ~nditlons of .t~ p0~, ~e ~ or damage ~sh~ be~i.~yable' ~hin' thirty days thereaft~. PoHeF No. S-353977-A Thz p~m~ in whi~ ~ ~su~d h~ ~h. ~ or ~ ee~e~d by ~ poK~T ALL that certain, plot,, piece or parcel of land, situate, lying and being at Mattituck, in the Town of $outhold, County of Suffolk and State of New York, being known and designated as Ptot."L" on a certain map entitled, "Map o.f Shore Acres", and filed in the Office of the Clerk of the County of Suffolk on as Map No. 41, which said plot is bounded and described as follows:- BEGINNING at a point un the easterly line of North Drive at the division line between plots "K" and "L" on said map~ . RUNNING THENCE north 6 degrees 08 minutes 45 seconds east along the easterly line of North Drive 89.90 feet to the division line between p'lots "L" and "K" on said map; THENCE south 89 degrees 4'2 minutes 10 seconds east along said last'mentioned division line 598.98 feet to the westerly shore of M~ttituck Creek (or Bay) as shown on said.map; THENCE southerly along said shore line 90 feet.more or less to the division tine between plots "K" and "L" on said map; and THENCE nortk 89 degrees 46 minutes 00 seconds west alon'g said. last mentioned divisian line, 566~04 feet to the poi-nt or place of BEGINNING. TOGETHER with any land lying between the shore line of Mattituck Creek, lying in fro.nt of and adjoining the foregoing, described premises. TOGETHER wi.th a right of way over North.Drive and Bay View Avenue as shown, on saidmap; Name of Insured Po]icy No. S-353977-A WILLIAM BOURGUIGNON, JR., & MERLE JOA~ BOUR~UIGNON, HIS WIFE. Amount of Insurance $ 35,000.00 Date of Issue June 4, 1969 The estate or interest insured by this policy, is fee simple vested in the insm'ed by means of Deed by George W.R. Olsen & DaiSy V. Olsen, his wife. to the INSURED, dated 6/4/69 and recorded in tihe Office of the Clerk of theCounty of Suffolk. SCHEDULE B The follow~g es~tes, inter.ts, de~s. ob}~tions to ~tle. liens and incumbrances and other matte~ we excepted bom the cow.age of ks ~y: 1.' Defects and ineumbranoe~ arising or becoming a lien after the date of this polioy~' except as herein provided. 2. Co:nsequenees of thd exercise and enforcement or attempted .enfor6e- ment of .any governmental war er-police powess over the @forages. 3. Zoning'restrictions o~ ordinances imposed by any governmental body. 4..3'udgme~ts against the insured er estates, interests, defects, objection% · liens o~ incumbrances crea~ed, suffered, assumed or agreed to, h7 or with the privity of the insured. 5. Tkle to. any propeiy beyond the lir~es of the premises, or title to areas within or rights or easements in any abutting streets, roads, .avenues, lanes, ways er waterway% or the right to maintain therein vaults, tunnels, ramps or any other strt~ct~re of' improv,m~ent, unless this. policy speei~cally pro~des .that ~ttch titles, rights, or easements &re insured. Notwithstanding any pr~visions in this t~ragzaph to th~ contrary, this potiey,' unless otherwise exeepl~d, insures the ordinary rights of aeeass amd hgress belonging ts' abt~ttiag owners. 6, ComplianCe by'~e buildings or ether e~ections ~zpoa the premises or their' use with Federal. State and Mtmicipa~ taws, regutatiims and ordinances. ' 7, Title to any personal p~eperty, whether the same be attached to or used in connection with said. premises or other~ae. Rights of tenants or persons in possession. 9. No title is insured to any land lying below the natural mean highwater line of Mattituc'k Creek.' The survey read into this report shows a "'filled area" lying between the shore line of Mattituck Bay~ (or Creek).as shown on filed map and ~he present highWater mark. As to such "filled area" the insur. anco is limited to so much thereof as is the result of natural accretion. 10. Water rates, 'if any. I1. Survey made by Otto W. Van Tuyl & Son, dated 5/28/69, shows a t½ story frame house, a detached garage and a detached shed within lines of premises. Also shoWs utility wires running from north and south adjoining premises and four ~tility poles Within lines of premises. No other variations. 12. Mortgage for $23,000.00 made by the INSURED, to Southold Savings Bank, dated 6/4'/69 and recorded in the Office of the'cIerk of the County of Suffolk in Liber 5614 mp 475, CONDITIONS CONTINUi~D FP. OM INMIE~ IROblT COVl~. Section 6 CO-INSURANCE AND APPORTIONMENT (a) In the event that a partial ]ass 'occurs after the imsured makes ~n improvement~ . subsequer~t: tO the. date ~f this p0ticy,.. ~ orfly 'in t~a~ f ::t~t., the xnsure8 becomes a cc-~nsnrer to the extent hereinafter set If the ·cost twenty per cantum of the ~ partial Ioss estah- ~thls policy and tothe sum of the ~nount ul going provisions ~o costs and a~to~aeys' fee~ incurzed by the company in prosecuting or providing for the defense of actions 'or proceedings in b~half of the. insured pursuant ~ the terms of this policy or to costs imPOsed on .t~e in~ured in ~uch actions or ~roeeedi~ss ~and shall apply only to that portion of 'loss · es wmcn eXeeea in the aggregate ten ta cent of the face o~ the policy~ ' ' · ~atedvpy a .lien or incumbrance for a liquL .th~s p~Ucy and was not ~hown in Schedule B; and ~hall not apply to an~ 16sa if,' at the time of [he ocurrencc of such fora, he ~ben value of the bremise% as so improved, does not ex~eed one rundred twenty per c~/mm 6f the amonr~t of this Policy. . (b) If the premise~ are all'risible into sepax~t;, ~n~t~endent' parcels, ~-- _ ~, ~e toss.aural t~e egmputed and setfled'~on a 1;t this lie wet · ~ ,po y e ~tvlded pro rata as to value 'p~ said separate maepenuent parcels, exclusive of improv~meats maple Subeequent to the date of thi~ polic~. (c) Clauses "la)" and "(b)" of this section apply to mortgage insured shall have· acqmieed t·/~o·· interest of the (d) If, at' the time ]iahility. for any loss shall have been fixed par- the s of this policy, the iasured holds another Polic~ same loss issued by another COmpany, this liable to the insured fcc a greater proportion loss than the amount that this policy bears to 'the whole amotmt of ir~sarance heJd by' the insured unless anat t~ loss sh-I! c' .~ .-~ . her method of apportionin and the other insu?er or insurers. . vc~],.~Z~]~m~ercst· ~sar,ed by ,th,s poIi~ is that of a mortgagee, this ~'W ~'~ ~ -e assignee to and shal! inure to the benefit of Successive ~gnees ~f.the.. mortgage without consent of this company or its em ac~semcnt o~ tais policy Provisio ' N~w y^.t~ Board .... -., . n, is made m, the rate manual ~ ox sitte tmuerwnte~s filed w~th the Superiatendont ofllnsuranee of .thc State of New York on behalf of this and other member cc~panies for conthtua~: pm~id~ for '~ ~,~ ~ ' · .--.., · :~e'~ ~ ~y .~ ~ t ' ' su~e~- · . ~ or S~on 8 (~) ~ ~pany s~. to ~e eater' of un'~r ~ ~ ~m~t~' to ~ ~ ~. ~f~ such tion shall ~t p~rent tho ' . -. .... ~ p d~ such.~ ~ ' ~' . . · - ...... ~ ~ ~ How~r the ' '' 'ma~M ~aCt, or ~y suppi~sion o~ o~ ~a~ t~ ~ a facL O~ ~ u . . ny mate~ ..... y n~e ~swer by the ms~,' me ~ of t~ ~h~, ~all void this ~. u~ ~ ~rore .. . ~ --~. y~.a~t z~ ~ ~ ~e her~der ~d s~ not mereoy ~nc~e h~¢y or wM~ any .~o~ion' of this poli~ S~tion I1 PO~CY ~. CO~ Ail actions ~ pr~eed~ ~Mat t~ ~m~y m~t ~ b~ on the prov~ions of t~ ~. A~y. other aeOn:or ac6o~ or action ~at the /ns~ed ~r have:or ~ b~ -- '~ -- in ~t of aher..s~ ~n ' ~ -~s.~m~ m~ ~mp~y this ~li.~ r~' .~s ~ m ~nn~on With the is~nce S~lion 12 VA'~A~ON A~ MODI~CA~ON This ~licy ~ v~td o~y when 'd~y si~ by tory. ~Onges may be eF~ted only by ~itt~ endo~ement. If the r~rding ~e of ~e ins~ents ~mfi~ .t~ ~su~d ~te~t ~ ~ter · ~ the ~cy datg such ~cy ~11 ~c~hr~e~, ex.pt mai ~tme ~ ~smen~ water ch~ ~d ENDORS:EMENT$ the easterly, line~, of .No.rth Drive at the divi- North .~6 Il, ne ~ "M" on said maps 'tees 42 minmtes 104 ~O~s' ~st. aI~ ~id last as sh~'~ said map; ~ 5~therlY al~ said s~ore !~.~0 f~t, mots ?r' less, to the~ ~vi~i°n L~e between plots '~ and ~ ~ saxm ~Pi and . .,~ i 9 de ree~ 46 mi~s 00 set.ds West alo~ said las ~ North S g .. · ~i~ed division line 5g~.04' feet to the p.oi~ ov pla~ cf B~~G. TOG~-~ith a~ land (~0r/~Y) as Sh6~ ~ ~ld mat premiss. T~ER with a ~ght of~ ~ ov~ North ~Ive ~d Bay"Vi~ 'Avenue as sh~ on said map. . SL~CT"to any state of facts an accurate'surveY ~[. s~ow T~ER w~th aB right, titl~ a~ i~eSt, if ~y, oi ~ ~ oi .~ fir!~n a~. ~ny .~r~ ~ r~ds· abutting thc a~ve de~i~d pr~ls~ to the c~ ~es th~t; T~ETH~ ~_~_~~ a~' ~.'the e~c and 'righ~ 0f ~e.~ '~ihe fi~ .~ in. and te .mid pr~; TO HAVE AND -1-~ HO~D the'pr~i's~ ~r~n ~t~ ~ ~ ~ oi ~e ~d~ ~t ~e hei~ or s~ and. ~s o[ ~'~ t~ pa~ ~ the s~ond ~ ~or~, (he first ~n will ,r~cive the cons~d~tl~ lot tins ~nvey~e an~ y~n ~_~e ~ m r~ve ~u~?nsl, - ~on ~ a:~st' ~na .to.be a~l:ed 'first fO: the. ~. 0i ~yi.ng ~he ~ ct me ~?~nf ~ ~, the ~me fir~ to the ~ent o[ ~e ~st of the Jmprov~e~ ~J~e umng ~y ~rt oi t~ to~ ct ~. ~e ~o day other ~ur~sc. The ~rd ,~fly" shall be ~n~rued ~ if h r~ ~s :n~nt~e ~ ~ ~ ~F, t~ ~y of t~ first ~tten. I C~IAR.T~:RED 1'~2~t ':~.~ IN NEW i: