Deed WARREN COUNTY
PAMELA J.V 1 1 0CUMENTO 00001165
COUNTY CL ME' 3966 PAGE: 146
Lake George, NY 12845
Volm-3966 Pg-146
Instrument Number: 2010-00001165
As
Recorded On: February 12, 2010 Deed Commercial or Vacant
Parties: KENNY PROPERTIES LTD
To
1454 STATE ROUTE 9 LLC Billable Pages: 4
Recorded By: COMMUNITY TITLE Num Of Pages: 5
Comment:
Examined and Charged as Follows: '"'
Deed Commercial or Vacant 65.00 Cover Page 5.00 RP-5217 Commercial 250.00
TP-584 5.00
Recording Charge: 325.00
Consideration
Amount Amount RS#/CS#
Transfer Tax 0.00 0.00 TT 1316 Basic 0.00
QUEENSBURY Local 0.00 Special Additional 0.00
Additional 0.00 Transfer 0.00
Tax Charge 0.00
RECIOM
Cowty Clarks Office
Feb 12x2010 03:27P
Paoela J. Hovel
Warren Counts Clerk
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY
Fite Information: Record and Return To:
Document Number: 2010-00001165 BARTLETT PONTIFF ET AL
Receipt Number: 152568 1 WASHINGTON ST
Recorded Date/Time: February 12, 2010 03:27:19P PO BOX 2168
Book-Vol/Pg: Bk-RP V1-3966 Pg-146 GLENS FALLS NY 12801
Cashier/Station: T Ryther / Cash Station 2
I
DOCUMENT_ _ 00001165
, � a
VOLUME= 3966 PAGE- 147
Ake WARRANTY PANTY DEED I_HN O I1� G G ASU P
THIS INDENTURE made the 318'day of December, 2009, between Kenny
Properties, Ltd., a corporation organized under the laws of the State of New York and
having its principal office at 1454 State Route 9, Lake George, New York 12845, party
of the first part, and 1454 STATE ROUTE 9, LLC, a limited liability company organized
under the laws of the State of New York, having its principal office at 1454 State Route
9, Lake George, New York 12845, party of the second part,
WITNESSETH, that the party of the first part, in consideration of One Dollar
($1.00) 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 the party of
the second part, its successors and assigns forever,
ALL THAT PIECE OR PARCEL OF LAND situate in the Town of
Queensbury, County of Warren, New York, lying on the easterly side of
U.S. Route 9, and being more particularly bounded and described in
Schedule A attached hereto and made part hereof.
BEING the same premises conveyed from David Kenny to Kenny
Properties, Ltd by deed dated February 10, 1988 and recorded in the
Warren County Clerk's Office on February 11, 1988 in Liber 702 at page
585.
Together with all right, title and interest, if any, of the party of the first part in and
to any streets and roads abutting the above-described premises, to the centerline
thereof.
This conveyance is made and accepted subject to an indebtedness secured by a
mortgage*upon said premises held by TD Bank, N.A. dated April 11, 2008 which
mortgage was recorded in the Warren County Clerk"s Office on April 14, 2008 in Book
3525 at Page 179, on which there is an unpaid principal of Three Million Eleven
Thousand Six Hundred Eighty-Six Dollars and Eighty-Five Cents ($3,011,888.85),with
interest, which said mortgage debt the party of the second part hereby assumes and.
1
which consoldiated and modified those certain mortgages described on page 3 herein.
DOCUMENT' 00001165
VOLUME: 3966 PAGE: 148
agrees to pay, as part of the purchase price of the above described premises, and the
party of the second part also assumes all obligations of payment and performance
under a certain ISDA Master Agreement dated April 11, 2008, as amended from time to
time, as part of the purchase price of the above described premises and the party of the
second part hereby executes and acknowledges this Instrument for the purpose of
complying with the provisions of General Obligations Law, Section 5-705.
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, its successors and assigns forever.
And said party of the first part covenants as follows:
First, that the party of the second part shall quietly enjoy the said premises;
Second, that said party of the first part will forever warrant the title to said
premises.
Subject to the trust fund provisions of Section Thirteen of the Lien Law.
IN WITNESS WHEREOF, the parties have duly executed this deed.
KENNY PROPERTIES, LTD
Sy,
David Kenny, Vresid
1454 STATE ROUTE 9, LLC
By: 694
David Kenny, M mber
4
2
DOCUMENT-0- 00001165
VOLUME= 3966 PAGE: 149
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
`f A � r 4r
On the W day of in the year 20* before me the undersigned,
personally appeared David Kenny, personally known to me or proved to me on the
basis of satisfactory evidence, to be the individual(s)whose narne(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed th same in
his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the
individual(s)or the person upon behalf of which the individual(s) acted, executed the
instrument. I-n
��rM
Notary Fub is
262093 S.MOMILLEN
NMNMM"aN W IWA
1�1` 0 IuY �n,a
NN +art,2013
Mortgage made by Kenny Properties, Ltd. to Glens Falls National Bank and Trust
Company in the amount of $3,000,000.00 dated 08/11/89, recorded 08/11/89 in Liber 593e�
mp 18, as modified by Modification Agreement dated 10/23/92, recorded 10/26/92
in Liber 810 mp 172, further modified by Modification Agreement dated 01/01/97,
recorded 01/08/97 in Liber 1188 mp 324, and mortgage in the amount of $815,426.59
dated 12/23/98, recorded 12/28/98 in Liber 1406 mp 287 both as consolidated by
Consolidation, Modification and Extension Agreement dated 12/23/98, recoreded 12/ 138
in Liber 1406, mp 294, further modified by Modification, Extension and Splitter
Agreement dated 11/01/02, recorded 11/12/02 in Liber 1975 mp 112, all as assign
by Assigment to Banknorth, N.A. dated 03/29/04, recorded 03/30/04 in Liber 2410
cp 315, and Mortgage and Security AGreement in the amount of $1,051,656.14
dated 03/29/04, recorded 03/30/04 in Liber 2411 mpl, all as further consolidate
by Consolidation, Modification and Extension Agreement dated 3/29/04, recorded
03/30/04 in Liber 2411 mp 15.and Mortgage dated April 11, 2008, recorded April
14, 2008 in Liber 3525 mp 165.
IIS&Ry ISN hOdW ! '
ir
Bartlett,Por �A 14
P.o. Box 2168,Ona VAiNnoto"
Glens Falls,New York 12801
WA.
3
q.
DOCUMENT; 00001165
VOLUME: 3966 PAGE: 150
SCHEDULE A - Description
i
"ALL THAT CERTAIN PARCEL OF LAND situate in the Town of
Queensbury, Warren County, New York, lying on the easterly side
of U.S. Route 9, and being more particularly bounded and
described as follows :
Beginning at a point in the easterly bounds of U.S. route 9
at the northwesterly corner of the herein described premises,
being also the southwesterly corner of lands conveyed by Bray Oil
Co. , Inc. to David Kenny, by deed dated February 23 , 1987, and
recorded in the Warren County Clerk's Office on February 23 , 1987
in Book 690 of Deeds at page 849; running thence from the point
of beginning, South 84 degrees 22 minutes 00 seconds East, along
said lands conveyed by Bray to Kenny, for a distance of 562 .88
feet' to an iron pipe found marking the northeasterly corner of
those premises conveyed by David and Joanna Kenny to David Kenny,
by deed dated August 24, 1984, and recorded in said clerk' s
office in Book 663 of Deeds at page 1043 , and which point is also
the northwest corner of those premises described as Parcel A in a
deed form Andrew T. and John E. McCormack to David Kenny, dated
February 10, 1988, and recorded in -said clerk's office in Book
702 of Deeds at page 588; thence South 84 degrees 02 minutes
East for a distance of 107 . 21 feet, to the northeast corner of
said last mentioned premises; thence South 17 degrees 38 minutes
West' for a distance of 338 . 31 feet to the southeast corner of
said last mentioned premises; thence North 71 degrees 36 minutes ,
West for a distance of 55 feet to the most southwesterly corner
of said last mentioned premises; thence North 17 degrees 38
minutes East for a distance of 50 feet to the northeast corner of
Parcel B described in the aforementioned deed from McCormack to
Kenny; thence North, 71 degrees 36 minutes West for a distance -of
50 feet to the southeast corner of the above mentioned premises
conveyed by David and Joanna Kenny by the aforementioned deed;
thence North 71 degrees 56 minutes 00 seconds West, along the
division line between Parcel II (on the north) and Parcel III (on
the south) as described in said deed from David and Joanna Kenny
to David Kenny, for a distance of 592 .84 feet to a point in the
easterly bounds of U.S. Route 9; thence North 32 degrees 47
minutes 00 seconds East, along said easterly bounds, for a
distance of 148 . 86 feet to the place of beginning,
SUBJECT TO an easement to be given to the Route 9 Sewer District'which is
described as Easement #9E31.