HomeMy WebLinkAboutL 12859 P 606 1 1111111 1111 Ilifi Ilifi 11111111111111111 IHII Illi IIII
I II 1111 Iffi IIHI Illi IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 04/07/2016
Number of Pages : 8 At: 10: 10:27 AM
Receipt Number : 16-0053090
TRANSFER TAX NUMBER: 15-25087 LIBER: D00012859
PAGE: 606
District: Section: Block: Lot:
1000 079. 00 02 .00 007 . 006
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1, 300,000 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40 .00 NO Handling $20 . 00 NO
COE $5 .00 NO NYS SRCHG $15 . 00 NO
EA-CTY $5 .00 NO EA-STATE $125 . 00 NO
TP-584 $5 .00 NO Notation $0 . 00 NO
Cert.Copies $0 .00 NO RPT $200 . 00 NO
Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO
Fees Paid $415 . 00
TRANSFER TAX NUMBER: 15-25087
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1 2
ccs
RECORDED
Number of pages C}J` 2016 Apr 0? 10:10:27 AM
JUDITH A. PASCALE
CLERK OF
COUNTThis document will be public SUFFOLK 12959'
record.Please remove all L 000012959
P 606
Social Security Numbers DT# 15-'250E7
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 I / FEES
Page/Filing Fee LU I Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Spec./Assit.
Notation
or
EA 52 17(County) Sub Total Spec./Add.
EA-5217(State) ✓ TOT.MTD.TAX
g •,�;, Dual Town Dual County
R.P.T.S.A. ���` ,a DO
Held for Appointment
Comm.of Ed. 5. 00 f'kg
b.4 ; Transfer Tax ./ •. •
� ;;, ��
Affidavit v c• •,1" Mansion Tax !..�d.'T�1
��,
, �.- The property covered by this mortgage is
Certified Copy / or will be improved by a one or two
15. 00 family dwelling only.
NYS Surcharge Sub Total
YES or NO
Other
Grand Total � If NO, see appropriate tax clause on
IJ
page it of this instrument.
4 Dist. 100
16005217 1000 07900 0200 007006 5 Community Preservation Fund
i
Real Property R SMI A I I 1IIlli JIIII11111I11IIJ�IH IIIIIII Cotvideration Amount$ I I �r
Tax Service 23-FEB-16�
Agency J Due
Verification - ( rITax
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
MEREDITH E.UNGER TD
272 DUFFY AVENUE TD
HICKSVILLE,NY 11801
TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name FIRST CHOICE SETTLEMENT
www.suffofkcountyny.gov/clerk Title#
CTSY476 •
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached DEED made
by: (SPECIFY TYPE OF INSTRUMENT)
MARC A.PERGAMENT,ESQ - The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
MV1LF SOUTHOLD LLC In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
ery Li7Cto
THIS INDENTURE, made this 10th day of November, 2015, between Marc A.
Pergament, Esq., as Trustee of the Chapter 7 Bankruptcy Estate of William M. Dratel and Sharyn L.
Lawall a/k/a Sharyn Dratel,residing at 400 Garden City Plaza,Garden City,New York 11530 party
of the first part and MLF Southold LLC, residing do Michael G. McAuliffe, Esq.,68 South Service
Road, Melville, New York 11747 as party of the second part.
WHEREAS, by Designation by the United States Trustee, Marc A. Pergament was
appointed Interim Trustee of the Chapter 7 Bankruptcy Estate of William M. Dratel and Sharyn L. .
Lawall a/k/a Sharyn Dratel; and
WHEREAS, by Order of the United States Bankruptcy Court (Grossman, U.S.B.J.)
dated November 5,2015 and entered on November 6, 2015,the party of the first part was authorized
n
0 to sell the Trustee's right,title and interest to the premises located at 165 Red Fawn Road,Southold,
\ New York to MLF Southold LLC. (Annexed hereto as Exhibit "A" is a copy of the Order dated
D
November 5, 2015.)
0 NOW,THEREFORE, WITNESSETH:
0 That the said party of the first part, as Trustee of the Chapter 7 Bankruptcy Estate of
William M. Dratel and Sharyn L. Lawall a/k/a Sharyn Dratel, by virtue of the powers and authorities
vested in him by virtue of the Order aforesaid, and by the statutes and laws in such cases made and •
provided, and in consideration of the sum of One Million Three Hundred Thousand Dollars
($1,300,000.00), lawful money of the United States paid by the party of the second part, receipt
whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the party of the
second part,its distributees, successors and assigns forever:
SEE ATTACHED SCHEDULE A
.
•
Schedule A Description
•
•
. Page 1
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,
County of Suffolk and State of New York, known and designated as Lot No. 6 on
a certain map entitled, "Map of Forestbrook at Bayview", and filed in the Office of
the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119, being
more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of North Bayview Road at the
extreme southwesterly end of a curve connecting the westerly side of Red Fawn
Road with the northerly side of North Bayview Road;
RUNNING THENCE along the northerly side of North Bayview Road North 73
degrees 27 minutes 40 seconds West, 269.24 feet to the division line between
'Lot 7 and Lot 6 as shown on the above mentioned map;
THENCE along said division line the following three (3) courses and distances:
1. North 16 degrees 32 minutes 20 seconds East, 106.26 feet;
2. northerly along the arc of a curve bearing to the left having a radius of 300.00
feet, a distance of 172.01 feet;
•
3. northerly along the arc of a curve bearing to the right having a radius of 352.00
feet, a distance of 19.82 feet to the division line between Lot 5 and Lot 6 as
shown on the above mentioned map;
THENCE along said division line North 84 degrees 56 minutes 48 seconds East,
314.19 feet to the westerly side of Red Fawn Road;
THENCE southerly along said westerly side of Red Fawn Road the following
three (3) courses and distances:
1. along the arc of a curve bearing to the right having a radius of 25.00 feet,
a distance of 24.77 feet;
2. along the arc of a curve bearing to the right having a radius of 714.38 feet, a
distance of 247.97 feet;
3.South 16 degrees 32 minutes 20 seconds West, j1713 feet;
Continued On Next Page
Schedule A Description-continued
Page 2
THENCE southwesterly along the first above mentioned curve bearing to the
right having a radius of 25.00 feet, a distance of 39.27 feet to the northerly side
of North Bayview Road at the point or place of BEGINNING. •[ may
•
1 .
•
•
'',L
TO HAVE AND TO HOLD the premises herein granted unto the party of the second
part, its distributees, successors and assigns forever.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the
day and year first above written.
WITNESS:
MARC A. ,' `RGAMENT,
as Trustee of the Chapter 7 Bankruptcy
Estate of William M. Dratel and Sharyn L. Lawall
a/k/a Sharyn Dratel
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
On the 10th day of November in the year 2015, before me, the undersigned,
personally appeared Marc A. Pergament, personally known tcrme or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
r
NOTARY PU:LIC .
Marianne Mastrocco
Notary Public,State of New York
Registration No.01MA6119578
Qualified in Nassau County 6:„
Commission Expires December 13,20
2
E t E i T R
Case 8-14-7506 ?g Doc 57 Filed 11/05/15 Ente(J ' 11/0.6/15 07:41:38
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
X
In Re: Chapter 7
William M. Dratel and Sharyn L. Lawall Case No. 814-75062-A736
a/k/a Sharyn Dratel,
Debtor. Order
X
The Trustee having applied for an Order: (a) authorizing the Trustee's sale of the
real property known as 165 Red Fawn Road, Southold, New York (the "Real Property") to MLF
Southold LLC for the sum of$1,300,000.00, free and clear of all liens, claims and encumbrances,
except real estate taxes, with all liens, claims and encumbrances to attach to the proceeds of the sale,
subject to higher and better offers and pursuant to § 363 of the Bankruptcy Code; (b) upon the
closing of the sale, authorizing the Trustee to pay all unpaid real estate taxes and the sum of up to
$10,000.00 to Beninati Associates Real Estate for its real estate commission; (c) authorizing the
Trustee to execute all documents necessary to effectuate the sale of the Real Property; (d) directing
the Debtor and all occupants to vacate the Real Property by November 30, 2015; and (e) such other
• and further relief as this Court deems just and proper, and the Notice of Hearing having been served
upon all creditors and parties in interest, and the Notice of Hearing, Affirmation in Support and
proposed order having been served upon the Office of the United States Trustee, the Debtor,
Debtor's counsel and all parties who filed notice pursuant to Rule 2002 of the Federal Rules of
Bankruptcy Procedure,Opposition having served and filed by the Debtor and the Reply Affirmation
of Marc A.Pergament,Esq. having been served and filed in support of the motion,
A hearing having been conducted before the Honorable Robert E. Grossman, United
States Bankruptcy Judge, United States Bankruptcy Court, Alfonse M. D'Amato U.S. Courthouse,
290 Federal Plaza, Room 860, Central Islip, New York on.October 28, 2015, and the Trustee
appeared by Weinberg, Gross & Pergament LLP by Marc A. Pergament, Esq., the Debtor having
appeared by Fred S. Kantrow, Esq. and MLF Southold LLC appeared in support by Michael G.
Case 8-14-7506( ?g Doc 57 Filed 11/05/15 Ent + 11/06/15 07:41:38
McAuliffe, Esq., and after due deliberation and consideration, and on the record before the Court, it
is hereby found and determined that:
1. The Trustee's motion is granted to the extent set forth below and he is
authorized to sell the Real Property to MLF Southold, LLC for the sum of $1,300,000.00
pursuant to § 363(b) and (f) of the Bankruptcy Code, free and clear of all liens, claims and
encumbrances, except real estate taxes, with all liens, claims and encumbrances to attach to the
proceeds of the sale in the order of their priority.
2. The Trustee is authorized to execute all documents necessary to effectuate
the sale of the Real Property and the obligation for payment of New York State Transfer Tax is
waived.
3. The Trustee is authorized to pay Beninati Associates Real Estate the sum of
$2,500.00 for its brokerage commission upon the closing of the sale of the Real Property and
also pay all open real estate taxes and real estate tax liens. No additional distribution from the
carve-out received from MLF Southold, LLC shall be made prior to entry of an order of this
Court.
•
2
Case 8-14-7506U 'g Doc 57 Filed 11/05/15 Enter ' 11/06/15 07:41:38
4. The Court retains jurisdiction, including, but not limited to the following:
(i) to enforce and implement the terms and provisions of the Contract of Sale; (ii) to resolve any
disputes arising under or related to the Contract of Sale expect as otherwise provided therein;
(iii) to determine the distribution of funds remaining from the carve-out received from MLF
Southold, LLC, and (iv) to interpret, implement and enforce the provisions of this Order.
(1' )Dated: Central Islip,New York tRobert E. Grossman
November 5, 2015 dis ,ct°5 United States Bankruptcy Judge.
3
' INSTRUCTIONS(RP-521)-PDF-INS):www.orps.stato.ny.us
FOR CbUNTY USE ONLY S 9 , New York State Department of
1
Cl.SVAS Code 3 g , Taxation and Finance
C2.Data Deed Recorded 101/0 / !/6 � Office of Real Property Tax Services
(] M, T~ RP-5217-PDF
C3.Book Li,a,I ,s,901C4.Page i r 4� , Reel Property Transfer Report(8110)
PROPERTY INFORMATION I
1.Property 166- RED FAWN ROAD
Location
V •STREET NmIRER •STRCET NAIR
SOUTHOLD 11971
•cm OR TOM vsc am 'aPCODE
2.Buyer MLF SOUTHOLD LLC
Name •LAST NArexosAey SCAT RAVE
LAST„ANIFJCouPART FIRST NAAN
2.Tam Initiate where tulure Tax Bots ere to be sent
Billing y other than buyer addreas(at bottom d form) Len...maw.. FAST MARE
Address
•
STREET WueCS mDS ME CRT art TOM%. IP Coot
4.Indicate the number of Assessment 1 ❑Part ea Persia (Only a Part of a Parcell Check es that,apply:
▪ parade partransferred on the dead a d Panda OR 4A.Planning Board with Subdivision Authority Exists ❑
5.Deed X OR 2.46 413.Subdivision Approval was Required car Transfer ❑
Prepelty •FRORI IECT •OEPT•1 `MRCS
SW 4C.ParaiApproved lot Subdivision with Map Provided ❑
PERGAMENT, ESQ., TRUSTEE MARC A.
S.Setter .LAST NAASICOMPA T Fair NAME '
N ame
✓. •
LAST ATALCOMPANT RAM TAME
•7.Select the description which most accurately describes the Check the beam below as they apply:
use of the property at the dine of sale: I Ownership Type Is Condominium ❑
A.Onc Family Rcsidcntial e.New Cona n:don on a Vacant Land ❑
10A.Property Located within an Agricultural Distrid ❑
tee.Buyer received a diedceure notice indicating that the property is in en ❑
Agricultural District
(SALE INFORMATION I 15.Check one or mom of these conditions as applicable to traneter:
1 A.Sale Between Relatives or Farmer Relatives
11.Sale Contract Date B.Sale between Related Companies or Partners in Business
C.One dila Buyers is also a Seller
'12.Date of SalelTrensfer 11/10/2015 _ D.Buyer or Seller is Govemmsm Agency or Lending Inddwon
_E.Deed Type not Warranty or Bargain and Sale(Spedy Blow)
_ F.• Salad Fractional or Less then Fee Interest(Specify Below)
13.Full Sale Price 1,300,000.00 _G.SgnAeant Change in Properly Between Taxable Status and Sale Dates
H.• Sale or Business is indutao In Sale Price
(Full Sale Price is the total amount paid for the property including personal property. E I.Other Unusual Factors Affecting Sale Pnce(Specify Belowl
This payment may be in the form d cash,other property or goods,or the assumption of J.None
mortgages or other obligations)Please round to the neatest whole rbeeramount —
'Commsnt(e)on Condition:
14.Indicate the value of personal
properly Included In No sale 0 .00 FEDERAL BAIKRUPTCY ACT
I ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill I
18.Year of Assessment Roll from which Information taken(YY) 15 17.Total Assessed Value 18,200
•15.Properly Class 210 _ '1e.School District Name 05–SOUTHOLD
•20.Tax Map Mentifier(spRoll Identaler(s)(If more than four,each shalt with additional MeraiMTls))
1000-079.00-02.00-007.006
I CERTIFICATION'
I Certify that all of the Nems of Information entered en this form aro ate and correct(to the best of my knowledge and belief)and I understand that the making of any willful
false eta, material fact herein waled me to t e,prgylelons of dteaatel law relative to the making and filing of false instruments.
SELLER SIGNATURE BUYER CONTACT INFORMATION
IEnwreiamsvon It,the moor.Naw.marina LLC.edsy.anenaaran,mrporaaon.lois stack aonpaiy.sawn or
1111111ftOUP' i ill
sway Nn I.rot en beheld.'spent w idudmy,sen■seine end mixt:Sarmatian don naxlaall eesnide
0A R, r pry den un sneer aueawee resamb,a thebantermer be*Me NI Type ear WIN dimly.)
aEMER Sc,.TURL IMF
MLP' SOUTHOLD LLC
BUYER SIGNATURE
•IASn HNC Nut NNIS
/� {646) 450-006
C_.4.;21-----: �� to/ZrJIS '.PF.cons •,F•.FPMORF.w.MSER Me
MMES&SWORE OATF
14 E. 38'I'fi STREET, 12TR FL.
•STREET NURSES •STREET hAYE
I
1 . 'r II .',f NEW YORK NY 10016
1f ('i t ' i el '' f 0'0' eh Ill •CIIIIOR Mew nil AIL 'BP CONE
NA1 11 1 ■1 1�� I, �1 iii li I r;� l�' ( BUYER'S ATTORNEY
I I1 III 1 lipih 1ADti,f�t ' li�� MCAs lif,fe Michael G.
�� if UorMWE FPaTh.YE
} �!1' II lY''
,i 411.1' ik �1, ��I 1 4 f,l Y (631) 465-0044
fII l' ,1 ` , ?i 5,+" ISI �I�` r l III `SI. I
zcaoo0E Trtrp uNE NAM ER M.Maas%
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