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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.