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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% 41i 1' i