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Deed BY.: 1.021 PG: 283 0.5/21./19`97 DEED Image. 1 of 11 WARREN COUNTY CLERK RECORDING COVER SHEETk 'S kV. INITMS k INSTRi)t'IENT I NO. OF PAGES TYPE OF ROC. to ADDTL. 'FEE TOWN S - rre - ADATL. NAMES TRANSFER TAX AMT. $ * MORTGAGE A.M. $ LL * MORTGAGE TAX D TRANSFER TAX STAMP * MORTGAGE TAX STAMP ! t4. RECEIVE[} REAL 1�STAIE f^� MAY 21 1997 * - TRANSFER TAX F WARREN COUMY *kk*ik*i**,t74**ir+t**i�**{i*�kir***{e**3rik*�5*,Y�F**,Mk**ik*•/r*iinF#**** i{e Piesse fill in blanks kelow before submitting for recording. GRANTORIMORTGAWRIASSIGNOR �e m ►e r Fa rks n G m GRANTEEIHGRTGAGEEIASSIGNEE d7eE& LCSCa�re eYY1 e A 1-A RECOUED BY: �'�,� mef!C• Yl__ 7I2 �1III1l11IIJIIIIIJ111111111111.1111J1.11 rr__ + 1 RECORDING STAMP RETURN TO e a!r 5 old 1 rar�83 ur:i�x,tiHlr��O by d.0 �2z 1 r: ' 9. 1 9711AY 21 FFl 1: 30 1 1 IIpon recording this page betames a part of .the 1 RECORDED document. J 1 t: BK: 10.2.1 PG: 283 0.5121/1997 DEED Image. 2 0f 11 37',T i. RECORD AND REXURN'ro: +.•,. 11aer Marks&Upham LLP 1 -- f 905 Third Avmue New York,t+New York.1QD22 Alientinm Barttara E.Climponx,age i h+ WARRANTY DEED THIS INDENTURE mane as of die I6t day of 7 -c, 1997.between PREMIER. r►? PARKS INC.,a corparation.organized and existing under the law. of the State of New.Yuri: ' with an address of,122 East 42nd Street,New York,New York, party of the first'par[,atxl GREAT ESCAPti THEME PARIK LLC,a limited liability company'organized.and.exisling under the.laws of the State of New York, with an address of 122 East 42nd.Street, New York, New York, party of the second pars. W ITN SS.ETH., that the.party of the first pan,in cons[do ration of One and 00110{1 Dol.Iars($1.00)1awrul money.of the.United States, pald'by the party of the second part,does hereby grant and release unto the party or the second part, its.successors and assigns forever,an undivided ninety-nine percent.(99%) interest in all that cettain:plot,piece.or parcel of land lying ' and.be€ag the County of Warren, State of New York,be€ng designated as the following tax parcels: Sectinfi 74,11kKk L Lat 1.2.2 $Celiac 74,.iilmk 1,Lw 12.3 Section 36,lilotk 2,Lot.3.1 I' and being rnore particularly described as follows: See Attached'Schedule"A" TOGETHRR 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 the party or Ili.East part cavehants as follows: FIRST, that the party of Owsecond part shall gu€etly cajoy the said.premises; SECOND, that tiie party or the.First part will forever WARRANT the.title to said.. premises; and THIRD. that in compliance with Section 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the.right to.receive such consideration.as a trust fund.to be applied first for the purpose of paying the cast of the improvement and Will apply the same first to.the payment of the cost of the improvement before using.any part of the iota!of the same For any other purpose. 1 arnt�s.t•¢ecosrtzror:n:zt� t 7F� 9 BK: 1021 PG: 2.83 05121119'97 DEED Image: 3. of 11 This conveyance is.made with the consent of the members of the grantor and does not constitute a transfer of all or substantiallyall of assets.of the rancor'. $ III IN WITNESS WHEREOF, the party of the first part has caused it�s!{.§eal to he hereunto F'' affixed,and.these presents to be signed by its duly authorized agent this [lay of May, 1997. CD .1^� PREMIER PARKS:INC. po '. By' GIG�o t lames F.Dannhauser Chief Financial Officer _ i �f 1 230166.1-BErASro9197-s:wprr, .2 i- r:' BK: 102.1 PG: 283 05/2.1/1997 DEED Image: 4 of 11 STATE OF NEW Y.ORK ) ?.' COUNTY OF NEW YORIK) } on this IvL day'of ; 1997. before me personally came JAMGS.F. 0 DANNRAUSER, to me pemo tly known, who,being duly sworn by me,did depose and say �+3 that he has an address at 122 East 42nd Stmet,New York, Ne.W:York that he is the Chief Fsnancial Officer of Premier Parks Inc.,,the corporation described in and which executed lite Foregoing instrument; and that he signed his name.thereto by order or the board of directors of Said corporation. NOVPu lle ti?coolie I Flalaryt'ahtfe Srete of NonYJA Ha M2483QT68: Oual]fled in Hew rk County. Cerll'ie2to Flied In IJa;Ya[kCaunt C] Cammtzdan Ex,:Iraa March 30,1 �. I 1 •` l . - s 731116(�.i•P>:C-OSf1719T•If i23am. 3 i i BK: 1D21 PG: 283 05/21/1997 DEE D Image: 5 of 11 SCHEDULE DESCRIPTION FNICYNO-: 603-26621 [] }f PARM I ' m s ALL TFIAT CERTAIN BARCPL CF IMM situate in the Tatra of Queensberry, Warren - County, New York, located easterly of New York U. S. Roure'9, soucherly of Glen Lake'Road, northerly of Pound Pond Roan and westerly of Ash Driye, and which Parcel is. hounded and described as follows- BEGINNING at a point in the easterly.bounds of New York U S. Route .9 at a , distance of 350 feet, northerly, measured along said easterly bounds from the ',Y• northerly bounds of Round-Pond Road, and which point of beginning is also the northwest Cosner of lands of David L-Menter and others, whose deed.is recorded in the Warren County Clerk's office id Bock 628 0£ needs at page 59; <running 1 thence «am..the place.a£ beginning, the £ollowing.oeven courses. and 'distances along the easterly bounds of said Route 9, viz.- j II 1] North 3.3%degrees 44 minutes west, 298,-6:feec; 2) North 28 degrees 49 minutes 40 seconds Hest, 389.o3 feet; 3) North 13.degrees 32 minutes Hest, 82.12 feet; ; i .i) South 6o degrees 58 minutes 40 seconds East, 128.00 feet'; 51 North 29 degrees 01 minute !0 seconds'9,asc, .45:O feet; 61 North 60 degrees 58 minutes 40 seconds West, 179.0 feet, and 7) .North 31 .degrees. So minutes'20 seconds Idesc, 731..15 feet to the southwest i corner of lands of.udward Q. and Morma Deertschi; thence North 54.degrees 31 minutes 40 seconds East for A:distancs of 150.0 feet-to the'southeast corner of said last mentioned premises; thence North 32 degrees 07'.minutes' 243 seconds West for a distance of 1Q6.52 feet tn•the northeast corner'of said last mentioned Premises.. thence south 54 degrees.31 minutes.40 seconds West for a.distance of 149.52 feet to the northwest carrier of said.last mentioned premises; thence the following three.coarses and distances along the easterly.bounds of New York U. S. 'Roure 9, vizor 11 North 32 degrees 38 minUt:es:3o seconds West, 232,20 .feet; 21 North 24 degrees 53 minutes 40 seconds. West, 843.36 feet, and 31 North 29 degrees 04 minutes 30 seconds West, 289:Q feat to the most southerly corner of lands of: Fli.ltcn.and Borothy Latham, whose deed is 'recorded in the Warren County.Clerk's Office in Book 595 of Deeds at page'899;. thence North 04 degrees 17 minutes East for a. distance of 134.36 feet to .the southwest corner of the 3rd.desnribed parcel of to acres in the deed :£rem Meadow Run Development Carp, :to'Attractions Land, Inc., by deed dated April 30, 1989 and recorded in said clerk's office in Hock 7si of. Deeds at page 55; thence North al degree 26 minutes East, along the.eastazly line of'Said lands cf Latham, for a j C0h•TINDED - j rLEGAL i! s L BK: 1021 PG: 283 0512111997 DEED Image: 6 of 21 SCHEDULE A DESCRIPTION(Continued) Policy No.:9603-2 68 21 i distance of 992.0 fast to the 40uthwest corner of those Premises Conveyed by Attractions Land, inc, to Neadow Run Development Corp., by deed dated April 20. N 1989, and recorded in said clerk's office in Book 751 of Deeds at page 53; thence South 83 degrees 34 minutes 50 seconds East for a distance of 100.29 feet to the southeast corner of said last mentioned premises; thence North 06 degrees i WR 25 minutes 10 seconds East for a distance of 150.o feet to a point in the 7° Southerly bounds of Glen Lake Road, and the northeast corner of said last ` - O mentioned preaises;-thence South 83 degrees 34 minutes 50 seconds E"t, along • N said southerly road bounds, for a distance of 200.0 feet to the northwest corner of lands now or formerly of 3rene K. Tompkins, whose deed is recorded in said rn clerk's office in Hook 777 of Deeds at page 31; thence South 06 degrees 25 minutes 10 seconds Rest for a distance of 150.a feet to the southwest corner at said lands now or formerly of Tompkins; thence South 83 degrees 34 minutes 30 seconds East, along the Southerly line of said Last mentioned premises and along the southerly line of lands of Edwin Winchip, whose deed is recorded in said clerk's Office in Back 718 of Deeds at page 142, for a dista.-sce cf 300.0 feet to the southeast corner of said lands of Winchip; thence Ncrth 06 degrees 25 minutes 10 seconds East for a distance of 150.0 feet to a point in the southerly bounds of Glen Laka Road, and the northeast corner of said lands of Winchip; thence the following fourteen courses and distances along the southerly bounds Of Glen lake Road, viz: 11 South 83 degrees 34 minutes 50 seconds East, 47.91 feet; a-: 21 North 70 degrees 30 minutes So seconds East, 492.48 feet; 31 North 72 degrees 47 minutes Cast, 211.60 feet; 4) North 66 degrees 22 minutes East, 162.96 feet; 5) North 57 degrees 17 minutes East, 137.90 feet.; 61 North 48 degrees 17 minutes East, 322.18 feet; 71 North 63 degrees 37 minutes East, 196.44 feet; e1 worth 67 degrees; 47 minutes East, 127.55 feet; 91 North 76 decrees 32 minutes East, 217.55 feet; C 10) North 84 degrees 47 minutes East, 297.96 feet; 11) North 75 degrees Se minutes East, 154.29 feet; 12) North s9 degrees 34 minutes 40 seconds East, 115.40 feet; 131 North 49 degrees 12 minutes 4D seconds East,, 122.40 feet, and 14) North 68 degrees 58 minutes 10 seconds East, 36.27 feet to the wasterly hounds of Ash Drive; thence the following seven courses and distances along said westerly bounds, viz: �atcav� 2 i i' N� L BK: 1021 PG: 283 05/21/1997 DEED Image: 7 of 11 SCHEDULE A DESCRIPTION(Continued) »; Policy No 9,603-26923, 1] South 71 degrees 25 minutes 50 seconds East, 49.69 feet: .;,' } 2) South 41 degrees So minutes 10 seconds zast, 80.79 feet: N 3) South 38 degrees 31 minutes 30 seconds East, 55.97 feet; ; 41 South 53 degrees 07 minutes 20 seconds East, 107.48 feet; t 51 South 46 degrees 39 minutes East, 70.31 feet; I # F 6) South 40 degrees 16 minutes 50 seconds Easc, 256.87 feet; and !I 71 South 37 degrees 22 minutes 50 seconds East, 204.83 feet to the westerly lino of lands of Niagara Mohawk Power Corp,; thence the following nine courses ! and distances along the westerly dine of said power company lands, viz: 11 southerly, along a curve to the left having a central angle of 24, 43` 261, and a radius of 612.96 feet, an arc distance of 264,SO feet; 2) South 26 degrees 21 minutes 20 seconds East, 178.70 feet to a point of curve; 3) Southerly, along a curve to the right having a central angle of 206 17, 23" + and a radius of 533.01 feet, an arc distance of 2al.79 feet: 4) North 82 degrees 50 minutes 20 seconds West, 21.?.6 feet: ' 51 South 07 degrees 09 minutes 40 seconds Hest, 30.0 fast; i 6) North 82 degrees 50 minutes 20 seconds West, 22.0 feet: 71 South 07 degrees 09 minutes 40 seconds 'West, 435.5 feet; 81 Southerly, along a curve to the left having a central angle of 129 12. 00" and having a radiue of 893.66 feet, arc arc distance of 190,29 feet, and 9) South OS degrees 02 minutes 20 seconds East, 34.34 feet to the northerly line of lands of .Sohn and Carol Whalen, whose deed is recorded in the warren County Clerk's office in Book 509 of Deeds at page 428; Chance North 9L degrees 43 minutes 20 seconds Hest, and running along the northerly line of Lot 55. in the Second Division of the pueensbury Patent, for a distance of 1134.20 feet to the northwest corner of said Lot 55; thence South 07 degrees 50 minutes 40 seconds west, along the westerly line of Lots 55 and 54. and the westerly line of lands of Whalen, for a distance of 1198.0 feet to the southwest corner of said lands of Whalen, and the southwest corner of Lot s9; thence South 81 degrees 43 minutes 2a seconds East, along the southerly line of said lands of Whalen and along the division line between Lot 54, on the North, and Lot 53, on the south, for a distance of 994.45 feet to the northwest corner of lands of Thomas H. Alberico, whose dead is recorded in the Warren County Clerks Office in Book 703 of needs at page 310; thence south o7 degrees 35 minutes 30 seconds West, along the westerly line of said lands of Alberico, and along the westerly line of lands of Guido Passarelli, whose deed is recorded in said clerk's office PLECIMS 3 F ' 4 ..{'• :.j::l• .5._ '.L`:1.= ':is•.r �'Pj. _ BK: 1021 PG: 283 05/21/1997 DEED Image: 8 of 11 r � SCHEDULE A DESCRIPTION(Continued) r- P011Cy No.:9503.26 E21 - in Hook 690 of seeds at page LOSS, for a distance of 1358.13 feet to a point in 3 r the northerly bounds of Round pond Road; thence the following three courses and distances along the northerly hounds of said road, viz; 11 North 38 degrees 29 minutes 20 seconds West. 275.0 feat; 3 2) South 80 degrees 37 minutes 30 seconds West, 3a7.75 feet, and 3) North a8 degrees 12 minutes 40 seconds West, 345.0 feat to the southeast { ~ ' Ci . �] corner of lands of David L. Renter and others; thence North 06 degrees 39 bminutes 40 seconds Bast for a distance of 422.15 feet to the northeast corner of said last mentioned premises; thence South 71 degrees 08 minutes West for a distance of 870.29 feet to the place of beginning, and containing 237.64 acres R] of land more or less, fad PARCEL 11 { ALL THAT CERTAIN PARCEL OF LAMB situate in the Tqwn of Queensbury, Warren �'.• ` County, New York, located Westerly of New York U. S. Route 9 and Easterly of - , Interstate Routs 87, also known as the Adirondack Northway, and which parcel is bounded and described as follows: • r y , BECINNINC at a point in the Westerly bounds of New York D. S. Route 9 and at the Southeast corner of lands of Meadow Run development Corp., and which point of beginning is also the Northeast corner of a 9769.7 Square Foot parcel conveyed by Meadow Run Development Corp. to Attractions Land, Inc., by deed dated May S. 190 and recorded in the Warren County clerks office in Book 754 of Deeds ac i - Page 161, and which point of beginning is situate at a distance of 40.12 feet, Northerly, measured along the Westerly bounds of said Route 9 frcm the Southeast corner of those premises conveyed by Charles R. Wood to Meadow Run Development Corp. by deed dated March 15, 1966, and recorded in said Clerks office in Book 476 of Deeds at Page 306; running thence from the point of beginning, the following five courses and distances along the Westerly hounds of Route 9, Via: 1) South 32 degrees 10 minutes East, 333.43 feet: 2) South 27 degrees 24 minutes 40 seconds east, 305.23 feet; 3) South 63 degrees 15 minutes 20 seconds West, 86.00 feet; t 4) South 52 degrees 47 minutes 40 seconds Bast, 201.0E feet: - 5) South 22 degrees 51 minutes East, 220.85 feet to the Northeast corner of those promises conveyed by William N. Perkins to Donald S. Daniels, by deed dated October 24, 195E and recorded in Book 737 of Deeds at Page 229, and being also the Southeast corner of those premises conveyed by the Estate of William H. Perkins to Attractions Land Inc, by deed dated November 7, 2960 and recorded in Book 635 of Deeds'at Page 769; thence South 62 degrees 41 minutes 30 seconds West. 131.66 feet to the Northwest corner of said lands conveyed to Daniels; Fthence North 29 degrees 41 minutes 30 seconds West, and running along the t Easterly line of those premises conveyed by Joan M. Mannix to Marian R. i Canistraro by deed dated February 3, L906 and recorded in the Warren County i `= a BK: 1021 FG: 283 05/21/1997 DEED Image: 9 of 11 i SCHEDULE A DESCRIPTION(Continued) PeI1CyNO.:9603-26821 '?:�• Clerks office in Book 678 of needs at page 970, for a distance of i4„,72 feet to N the Northeast corner of said last mentioned premises. thence the following seven courses and distances along the Northwesterly and Northerly lire of said last -~e mentioned premises, via: m 11 South 22 degreas.21 minutes 30 seconds West, 32.44 feet; 21 South 07 degrees 57 minutes 30 seconds ;test, 111.94 feet; ' 31 South 03 degrees 06 minutes 30 seconds East, 124.38 fear; 41 South 04 degrees 17 minutes 30 seconds west, 53.L5 feet; i 51 South 41 degrees 03 minutes 30 seconds West, 78.05 feat; 61 South 60 degrees 32 minutes 30 seconds West, 131.56 fesc; 71 South 37 degrees i8 minutes 30 seconds west, 42.51 feet to the Northwest corner of lands conveyed by Mannix to Canistraro; Chance South 40 degrees 50 minutes 30 seconds East for a distance of 265.18 feet to the Southwest corner of said lands of Canistraro; thence North 59 degrees 02 minutes 30 seconds Hest, along the Southerly line of said last mentioned premises, for a distance of F 496.58 feet to a paint in the Westerly hounds of New York a. S. Route 9: thence South 30 degrees 57 minutes 30 seconds East, along said Westerly bounds, for a distance of 20-00 feet to the Northeast corner of those premises conveyed by Carlton and Martha Freiberger to Roger and Lena LaFontaine by deed dated January 1, 1992 and retarded in said Clerks office in Book 645 of needs at Page 757; i thence South 59 degrees 02 minutes 30 seconds West, along the Northerly line of said last mentioned premises, for a distance of 533.23 feet to an angle point therein; thence North 73 degrees 51 minutes 30 Seconds West, for a distance of 392.60 feet to a paint in the Easterly bounds of Interstate Route 81, also known as the Adirondack Northway; thence North.18 degrees 43 minutes Best, along said Easterly hounds, and crossing a stream known as "Meadow Run," for a distance of 1358.39 feet to the Southwest corner of those premises conveyed by Charles R. wood to Meadow Run Development Corp. by the aforementioned deed recorded in Book 476 of Deeds at Page 300; thence North 84 degrees 14 minutes 20 seconds East, along the southerly line of said last mentioned premises, for a distance of 00.94 feet to a point which is located at a distance of 42.25 feet Westerly on a course of south 04 degrees 14 minutes 20 seconds West from the Northwest carnes of a triangular parcel of land conveyed by Attractions Land Inc. to Meadow Run Development Corp. by deed dated May 8, 1999 and recorded in the Warren County Clerks Office in Book 754 of Deeds at Page 159: thence South 28 degrees 07 minutes 50 seconds East for a distance of 92.07 feet to a paint which is located at a distance of 40.00 feet Westerly on a course of South 61 degrees 52 minures 20 seconds West from the Southwest corner of said triangular parcel.; thence North 61 degrees 52 minutes 20 seconds East for a distance of 223.74 Eeec to the Easterly corner of said triangular parcel and :which point is also the Northwest corner of a 9769.7 Square Foot parcel conveyed by Meadow Run Development Corp. to Attractions Land Inc, by deed dated May 9, 1989 and retarded in said Clerks Office in Book 754 of Deeds at Page 161; thence continuing North 61 degrees S2 minutes 20 seconda East, along the Northerly line of said 9769.7 Square Fact Parcel and part of the way along the Southerly face of a stone masonry wall, fur ►lfP.[0ti " 9 ay , �'f BK: 1021 FG: 283 05/21/1997 DEED Image: 10 of 11 SCHE❑ULE A DESCRIPTION(Continued) r' ? Policy No.:5603-26a21 ��•... - a distance of 291.67 feet to the paint of beginning and containing _9.9❑ acres i ••, of land, more or less. PARCEL III av F'x ALL THAT CERTAIN PARCEL OF LAND situate in the Town of Queensbury, Warren County, New York, located on the Westerly side of lnterscate Route 67. also h+ known as the Adirondack Northway, and which parcel is bounded and described as follows. T BEGINNING at a paint in the Westerly bounds of Interstate Route 27, and whic.% Point of beginning is also the Northwesterly corner of those premises conveyed by Alfonso Grubhofer to the State of Hew York in connection with the ccastruction of said Route 87, and which parcel is designated Parcel 244 on a map prepared by the State of New York and filed in the xarron County Clerks Office, and which point of beginning is also the Southeast corner of lands of { Phyllis M. Holtz, whose deed is recorded in the Warren county Clerks office in Soak 564 of Deeds at Page 468; running thence from the point of beginning, South , 19 degrees 27 minutes 40 seconds Fast, along the Westerly hounds of said Interstate Route 87 for a distance of 615 feet to an angle point therein; thence South to degrees 53 minutes Eaat, continuir.• along said westerly bounds, for a distance of 702 feet, more or less, to the :.irtherly bank of a stream kncun as 'Meadow Run", thence in a Westerly direction along the Northerly bank of said stream, and along the Northerly edge of Rush Pond, and also running along the j Northerly line of those lands conveyed to The Town of Queensbury by Carlton and Martha Freiberger, by deed dated July 6, 1955, and recorded in the Warren County Clerks Office in Book 344 of Deeds at Page 115, for a distance of 1000 feet, r mars or less, thence in a Northwesterly direction for a distance of 300 feet, more or less, to a point an the Northerly edge of said Pond; thence in a Southerly direction, along the Easterly line of those premises conveyed by A.S.G. Ticus to William Griffin, by deed dated April a, 1888 and recorded in said Clerks Office in Book 1S of Deeds at Page 108, and along the westerly line of said lands conveyed to the Town of queensbury, for a distance of 858 fact. more or less, to the Southeast corner of said lands conveyed to Gri.Ffin; thence in a Westerly direction, along the Southerly line of said lands of Griffin, for a distance of 33o feet, more or less, to a point in a marsh, and which point is s the meat westerly corner of said lands conveyed to the Town of Quaensbury; thence North 81 degrees 59 minutes 50 seconds West, and running along the Northerly line: of lands of Carlton and Kkrtha Freibexger, whose deed is dated May 24, 1966, and recorded in the warren County Clerks office in Book 46a of Deeds at Page 526, For a distance of 990 feet, more or less, to an iron pipe marking-the Southwesterly corner of the aforementioned premises conveyed to Griffin, and being also the Southwesterly corner of the herein described parcel; thence North 06 degrees 30 minutes 20 seconds East, along the Easterly line of lands of Guido Passarelli, whose deed is recorded in said Clerks Office in Bock 682 of Deeds at Page 1037, and also running along the remains of a wire fence marking the division line between Lot 73 of the 8irst.Division of the Queensbury Patent, on the west, and rat 46 of said Patent, an the £ast, for a distance of 1450,84 feet to a three inch ironwood tree: thence North 06 degr4es 28 minutes 10 seconds East, for a distance of 206 feet, more or less, to an iron pipe f. nrara. 6 u: BK: 1021 PG: 283 05/21/1997 DEED Image: 11 of 11 SCHEDULE A DESCRIPTION{Continued) .`;.Y' P01Icy NO.:96 R3-26921 i marking the Southwest corner of the aforementioned premises awned by Phyllis M. d � Holtz; thence South 85 degrees 03 minutes east, along the Southerly line of said: aid I„e Holtz premises, for a distance of 2014.7 feet to the point of beginning, an j containing approximately 71 acres of land. i The above described parcels being all of those lands conveyed by international I Broadcasting Corp. to Stnrytawn U.S.A., Inc, by deed dated December 3, 1992 and retarded in Book 870 of deeds at page 420 except a 33°3 square foot parcel which 1 is the subject of a Soundxy Line Agreement between Meadow Run Development Corp. i and Storytown U.S.A., inc. dated as of December,rj 1996 and recorded in the Warren County Clerk's Office. I The above described parcels are intended to be the same parcels conveyed in that f certain deed dated December 3, 19996 between Great Escape LLC, grantor and Prender Parks Inc., grantee recorded in the office of the Warren County Clerk on December 4, 1996 in Liber 1002 of Deeds page 193. I. nEaran 7 ' I :N 1 .S7r' BK: 1118 PG: 292 06/15/1999 DEED Image: 1 of 6 f tea..� 'r.W.� .�.a •..,a..�._ --�- - -- - - — --------= .. . 'ri r r-� WARREN COUNTY CLERK j rrl RECORDING COVER SHEET ' 004116 - EW. IRITIALS 'INSTRUMENT i I No. of PAGES TYPE OF AOC, I %DIBTL, FEE T OWN I DTL. NAMES — -- MORTGAGE AMT. TRANSFER TAX AMT. k R k MORTGAGE TAX 0 k y TRANSFER TAX STAMP * MORTGAGE TAX STAMP I k r RECEIVED * { p REAL ESTATE o JON I?19�.99 00 TRANSFER TAX ►Ni4lEN COUNTY •kkk*lkllkk*!k*kk+k*k*k�Flkkk�irR*k�k*�k Y�lAkiY*#kl�kM!**R*RAkk R*Y*k*kkkkkfkt *k**ikiAkkA*kkkA*!r i - Please fill in Blanks below before submitting for recording. �y��n�� PARTY OF THE FIRST PARK- �'' `J- -�"'—`+ PARTY OF THE SECOND PART f ll �. RECORDED BY: Cyr �C »r�rrrr�rrrrrr�rrrrrrrrrrr�r�rr�ri�rrrr " ,, n -1' i(��� E RETURN TO: RECORDING STAMPr r r � L18GR�rU"� f:AGE�.0Y.il y. Y�ilBatt CcArif-CLE f ChfiYL vS CLAM CLfRN � 99 JUti 15 At'l li�59 Upon recording, this page becomes a part of the document (i7.00) r r BK: 1118 PG: 292 06/15/1999 DEED Image: 2 of 6 4qo�-alv3a t 5 BARGAINAND E DEEEF WiT4 CU 'ENA T AGAINST GRANTORS ACTS AND LIEN CQYENANT I Ft }• .. RATE t7F DEED: June 14, 1999 i GRflN1EOrR; GEORGE H.STARK and MARILYN E. STARK husband and wife 1545 State Route 9 Lake George, NY 12845 MICHAEL J. STARK 1533 State Route 9 Lake George, NY 12845 GEQRGE P. STARK 22 Wsncrest Drive Queensbury,NY 12845 DAVID W.STARK t 31 Twicwood Lane ' Queensbury, NY 12804 � f � i � f GRANTEE: GREAT ESCAPE THEME PARK LLC i a New York Limited Liability Company with its principal place of business at I 1172 State Route p9 ❑ueensbury, Now York 12804 THIS BARGAIN AND SALE DEED}made between Grantor and Grantee on the deed date stated above WITNESSES THAT GRANTOR in consideration of I 1 ---------.........-•-- ._—------------------One Dollar I$1.00)----------------. —---------------_----------- lawful money of the United States and other good and valuable consideration, paid by ' Grantee, 1 i I 4 I • i I 1 �t 3K: 1118 PG: 292 06/15/1999 DEED Image: 3 of 6 l i - i DOES HERESY GRANT AND RELEASE UNTO GRANTEE and his assigns forever all that property located at: : {+. 1153 State Route 9 Town of Queensbury County of Warren • State of New York TAX MAP#74-1-17 f {THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE A ATTACHED) 1 THIS GRANT IS MADE: i TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises granted by this Bargain and Sale Deed unto the ' Grantee and his assigns forever. 1 AND THE GRANTOR COVENANTS as follows: # FIRST:That,unless noted in Schedule A,the Grantor has not done or suffarad anything whereby the said premises have been encumbered In any way whatever; ggf ONp: Grantor,in compliance with Section 13 of the Lien Law,covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cast of the improvement I i before using any part of the total of the same for any other purpose. 1 L. 1 1 _r f. 3K: 1118 PG: 292 06/15/1999 DEED Image: 4 of 6 i i IN WITNESS OF THIS CONVEYANCE.Grantor has executed this BARGAIN AND SALE i DEEP]on the deed date stated above. m 1N PRESENCE OFµµ 4GEORGSTARK c MARILYN E.STARK _ crf r (L.S.) MICHAEL J. STARK PGEORa P.XAIRK����(L.S.) DAVID W. STARK k 1 STATE OF NEW YORK } ss_: COUNTY Of WARREN i On this_day of June, 1999 before me, personally came GEORGE H.STARK and MARILYN E. STARK, to me personally known and known to me to be the same persons described in and who executed tha within Instrument and they acknowledged to me that they executed the same. Not y Public �l7MM M.r11gIAllDa Morlg PuN[aStll!aF Mn Yort Wuga C,*WtP#"t69 [pmmi l silty Expite!Apti130.90GG �� a 5e._ BK: 1118 PG: 292 06/15/1999 DEED Image: 5 of 6 STATE OF NEW YORK ) - 1 COUNTY OF WARREN 1 ' ! On this/&-'%day of June,1999 before me,personally came MICHAEL J.STARK,to me personally known and known to me to be the same person described in and who executed the within Instrument and he acknowledged to ma that he executed the same. ff Notar PN bli thtwr h •Sataol lk+r York t 1 tAurlry•H3�1159 STATE OF NEW YORK ) uknEepirfs April SA,2f1rA ss.. COUNTY OF WARREN ) On this day of June, 1999 before me, personally came GEORGE P.STARK,to me personally kno and known to me to be the same person described in and who executed the i within Instrument and he acknowledged to me that he executed the same, ; . l Notar ublic JO k H, XPAAOS -S4fe Of Nf.York sq STATE OF NEW YORK mCwnlnWl,fD, C�rslon EMpirn April yp,20a7 COUNTY OF WARREN } On this day of June, 1999 before me,personally came DAVID W.STARK,to me personally known and known to me to be the same person doscribed in and who executed the within Instrument and he acknowledged to me that he executed the same. 1 Notar Pu llc 1 - R N.iYp1AfLDt ,nM Ownly-14"21 E9 til COWISSi:rr E:pfr14 April30.M 1 p.. T: = .ri BK: 1118 PG: 292 06/15/1999 DEED Image: 6 of 6 SCHEDULE "A" s '' ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of i Dueensbury, Warren County, New York, bounded and described as follows: i ~ BEGINNING at an iron pipe found on the westerly side of New York State I Highway Routa No. 9, which point marks a northeasterly corner of lands now or " formerly of Great Escape Theme Park LLC i10211283)and the southeasterly corner j of the lands herein described;running from said point of beginning South 570 35'00" W along the southerly bounds of the lands herein described 456.58 feet to an iron pipe found for a corner; running thence North 421 1 B'00"W 265,18 feet to an iron 00 pipe found for a corner; running thence along the southerly and easterly bank of the P Butler Brook the following courses and distances: 1]North 350 51' 00" East, 42.53 feet to an iron pipe found; 2) North 521 05' 00" East 131.56 feet to an iron rod Qa found; 3) North 391 36' 00" East 78,05 feat to a point; 4) North 02" 50' 00" East 53.15 feet to a point; (5)North 040 34'00"West 124.38 feet to an iron pipe found; 6) North 060 30'00" East 111.94 feet to a point;7) North 200 54' 00" East 32.44 feat to a point markPng a northeast cernor of tha lands herein described, which point Is located in the westerly line of lands now or formerly of Donald J. Daniel(737/225); running thence South 31 0 32' 00" East 342.74 feat to an iron pipe found in the # southwesterly corner of lands said Daniel; running thence North 621 16' 30" East 119.22 feet to a point on the westerly side of New York State Highway Route No.9; running thence along the westerly side of Now York State Highway Route No.9 South 310 54' 35' East 205.06 feet to the point and place. ' EXCEPTING and reserving from the above described premises lands, if any, acquired by the State of New York for the purposes of widening of Now York State Route 9. k SUBJECT to covenants, easements and restrictions of record. BEING the same premises and subject to the same conditions, covenants and restrictions described in a deed from Vincent Cannistraro to George H. Stark and Marilyn E.Stark,husband and wife,and Michael H. Stark, George P. Stark and David W. Stark dated April 8, 1998 and recorded in the Warren County Clerk's Office on April 1 Or 1998 in Book 1060 of Deeds at page 269. BEING the some premises as described in a correction deed from George H. Stark and Marilyn E. Stark,husband and wife:and Michael H.Stark, George P. Stark and David W. Stark to George H. Stark and Marilyn E. Stark, husband and wife, and Michael J. Stark, George P. Stark and David W. Stark dated May 15, 1998 and recorded in the Warren County Clerk's Office on May 21, 1998 in Book 1065 of Deeds at Page 284. i. 4 BK: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: i of WARREN COUNTY PAMELA J.VOyGy,,��EIRUICUMENT; Or i� r11?2 COUNTY CLEF ��LIJME Z 4426 PAGE: 213 Lake George, NY 12845 So 2M WD01172 Volm-4426 Pg-20 Instrument Number: 2012-00001172 As Reoorded On: February 14, 2012 Deed Commercial or Vacant Parties: GREAT ESCAPE THEME PARK LP To GREAT ESCAPE THEME PARK LP Billable Pages: 5 Recorded By: LITTLE&OCONNOR Num Of Pages: 7 Comment: Examined and Charged as Follows: peers Commercial or Vacant 70.00 Cover Page 5.00 RP-5217 Commercial 250.00 TP 584 5.00 Recording Charge: 330.00 Consideratlon Amount Amount RSWCS# Transfer Tax 0.00 0.00 TT 1217 Basic 0.00 QUEENSBURY Local 0.00 Spedal Additional 0.0a Additional 0.00 Transfer 0.00 Tax Charge: 0.00 RECORDED County Clerks Office Feb 14F2012 02:4LP Pamela J. Vosel 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 File Information: Record and Return To: Document Number: 2012-00001172 CROWELL& MORING LLP Receipt Number: 245705 590 MADISON AVE Recorded Date/Time: February 14, 2012 02:46:15P NEW YORK NY 1 D022 Book-Vol/Pg: Bk-RP VI-4425 Pg-20 Cashier/Station: C Latham / Cash Station 3 BK: 4426 PG: 20 02/14/2012 REED COMMERCIAL Image: 2 of 7 VOLLUME�E.44 , E`AGE 17?21 BARGAIN AND SALE DEED (With ut C venant Against Grantor's.A�) By GREAT ESCAPE THEME PARK L.P. To GREAT ESCAPE THEME PARK L.P. i Dated as of February .L, 2012 PROPERTY DESCRIPTION: PREPARED BY AND An approximately 6.30 acre portion of land having an RECORD AND RETURN TO: address of 1133 Route 9, Queensbury, Warren County, NY and being designated as: CROWELL&MORING LLP Portion of Tax Parcel No. 295.12-1-3 590 Madison Avenue Section' 295.08 and New York, NY 10022 Block: 1 Attention: Barbara E. Charnpoux, Esq. Lot: 3 Town of Queensbury County of Warren State of New York NYACT1VE•12331335.1 BK: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: 3 of 7 Df7CUNEIgT� 00001172 ' VOLUME: 44526 PAGE; 22 T BARGAIN AND SALE DEED (Without Covenants Against Oranjor's Acts} THIS INDENTURE, is made as of the I day of February, 2012 BETWEEN: GREAT ESCAPE THEME PARK L.P., a New York limited partnership, having an address at 1172 Route 9, Queensbury, NY 12804, party of the first part, ' and GREAT ESCAPE THEME PARK L.P., a New York limited partnership, having an address at 1172 Route 9, Queensbury, NY 12804, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars ($10,00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, and the heirs or successors and assigns of the party of the second part forever, all of its right, title and interest in and to the following: ALL that portion of a certain plot, piece or parcel of land having an address at 1133 Route 9, situate, lying and being in the Town of Queensbury, County of Warren, State of New York and being more particularly described on Exhibit A attached hereto and incorporated herein, together with all buildings, structures, fixtures, additions and other improvements (collectively, the "Premises; 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 center lines thereof; TOGETHER with all easements, rights of way, streets, hereditbments and appurtenances pertaining thereto 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, and the heirs or successors and assigns of the party of the second part, forever; AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of any improvements, and will apply the same first to the payment of the cost of any improvements before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. Bargaln and Sale Deed NYACTIVE-12331335.1 EK: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: 4 of. 7 DOCUMENT- 00001172 VOLUME: 4426 PAGE: 23 IN WITNESS WHEREOF, the party of the first part has duly executed this Bargain and Sale Deed the day and year first above written. GREAT ESCAPE THEME PARK L.P., a New York limited partnership By: Great Escape Holding Inc., its General Partne V! By: -k'ar IN. Ro , As stant Vice President -2- Bargaln and sale Deed NYACTIVE-12331335.1 BF{: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: 5 of 7 DOCUMENT 00001172 VOLUME: 4426 PAGE: 24- STATE OF NEW YORK } } ss.. COUNTY OF NEW YORK } On the l day of January in the year 2012 before me, the undersigned, personally appeared Mary A. Roma, personally known to me 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 she executed the same in her capacity as Assistant Vice President of GREAT ESCAPE HOLDING INC.(" EEHI"), the General Partner of GREAT ESCAPE THEME PARK L.P. (115ETP"), and that by her signature on the instrument, GEHI and GETP, upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC %MLLIAM DELEHANTY Notary Public,State of New York No.31-4888849 Qualified in Now York County Commission Expires August 25th,20JI -3- Bargain and Sale Deed NYACTIVE-12331335.1 BK: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: 6 of 7 [)OCUMENT; 00001172 VOLUNE z 4426 PAGE: 25 EXHIBIT A LE AL DESCRIPTI N Revised Legal Description of Tax Map Parcel 295.08-1-3: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly hounded and described as follows: BEGINNING at a point in the approximate southwesterly bounds of NYS Highway Route 9 at the southeasterly corner of lands of HWP Development LLC as described in book 3441 of deeds at page 220; running from thence southerly along the southwesterly bounds of said NYS Route 9, the following ten courses and distances: (1) South 28 degrees, 10 minutes and 04 seconds East, a distance of 116.62 feet; (2) South 20 degrees, 18 minutes and 50 seconds East, a distance of 21.00 feet; (3) South 33 degrees, 10 minutes and 14 seconds East, a distance of 177.39 feet; (4) South 24 degrees, 34 minutes and 35 seconds East, a distance of 52.56 feet; (5) South 30 degrees, 22 minutes and 28 seconds East, a distance of 12.81 feet; (6) North 57 degrees, 47 minutes and 51 seconds East, a distance of 19.02 feet; (7) South 28 degrees, 20 minutes and 18 seconds East, a distance of 259.38 feet; (8) South 62 degrees, 19 minutes and 42 seconds West, a distance of 86.00 feet; (9) South 53 degrees, 43 minutes and IS seconds East, a distance of 201.00 feet; (10) South 23 degrees, 46 minutes and 38 seconds East, a distance of 219.55 feet to the northeasterly corner of lands now or formerly of Mitchell A. Cohen as described in book 1311 of deeds at page 87; running thence along said lands of Cohen South 62 degrees, 28 minutes and 20 seconds West, a distance of 131.43 feet to the northwesterly corner of Cohen in the northeasterly bounds of tax parcel 295.08-1-1, thence along said tax parcel the following 10 courses and distances: (1) North 31 degrees, 34 minutes and 50 seconds West, a distance of 142.77 feet; (2) South 20 degrees, 54 minutes and 17 seconds West, a distance of 32.44 feet; (3) South 06 degrees, 30 minutes and 17 seconds West, a distance of 111.94 feet; (4) South 04 degrees, 33 minutes and 43 seconds East, a distance of 124.38 feet; (5) South 02 degrees, 50 minutes and 18 minutes West, a distance of 53.15 Feet; (6) South 39 degrees, 36 minutes and 18 minutes West, a distance of 78.05 feet; (7) South 59 degrees, 05 minutes and 18 seconds West, a distance of 131.56 feet; (8) South 35 degrees, 51 minutes and 18 seconds West, a distance of 42.53 feet; (9) South 42 degrees, 13 minutes and 23 seconds East, a distance of 265,18 feet; (10) North 57 degrees, 33 minutes and 59 seconds East, a distance of 496.58 feet to said NYS Highway Route 9; thence running along said approximate bounds of said NYS Route 9 South 36 degrees, 29 minutes and 15 seconds East, a distance of 20.05 feet to the southeasterly corner of tax parcel 295.08-1-3 and the northeasterly corner of tax parcel 295.12-1-3, thence running along the division line dividing said tax parcels South 57 degrees, 33 minutes and 59 seconds West, a distance of 162.00 feet, thence along a new division line between said tax parcels the following 5 courses and distances: (I)South 38 degrees, 43 minutes and 42 seconds East, a distance of 111.39 feet; (2)South 03 degrees, 38 minutes and 38 seconds East, a distance of 65.00 feet; (3)South 20 degrees, 03 minutes and 40 seconds East, a distance of 85.68 feet; (4)South 64 degrees, 32 minutes and 06 seconds East, a distance of 78.78 feet; (5)South 08 degrees, 59 minutes and 08 seconds East, a distance of 153.58 to a point in the original lot line between tax parcels 295.12-1-3 and 295.12-1-4. Thence running along said original lot lines the following four courses and distances: (1) South 58 degrees, 19 minutes and 43 seconds West, a distance to 49.01 feet; (2) South 86 degrees, 04 minutes and 22 seconds West, a distance of 500.05 feet; A-1 Bargain and Sale teed NYAMVE-12331335.1 BK: 4426 PG: 20 02/14/2012 DEED COMMERCIAL Image: , of DOCUMENT- 00001172 VOLUME: 4426 `AGE: 26 (3) South 48 degrees, 17 minutes and 12 seconds West, a distance of 65.98 feet; (4) North 88 degrees, 35 minutes and 58 seconds West, a distance of 149.00 feet to a point in the westerly bounds of Interstate Highway I-87 known as the "Adirondack Northway"; running thence northerly along the same, the following five courses and distances: (1) North 20 degrees, 48 minutes and 04 seconds West, a distance of 154.36 feet; (2) North 19 degrees, 54 minutes and 15 seconds West, a distance of 291.00 feet; (3) North 19 degrees, 19 minutes and 26 seconds West, a distance of 417.87 feet; (4) North 20 degrees, 07 minutes and 15 seconds West, a distance of 741.04 feet; (5) North 19 degrees, 00 minutes and 16 seconds West, a distance of 201.26 Feet to the southwest corner of said lands of HWP Development LLC; thence running along said lands the following three courses and distances: (1) North 83 degrees, 08 minutes and 15 seconds East, a distance of 80.94 feet; (2) South 29 degrees, 13 minutes and 45 seconds East, a distance of 92.07 feet; (3) North 60 degrees, 46 minutes and 15 seconds East, a distance of 515.31 feet to the point and place of beginning, containing 26,04 acres of land to be the same more or less. Bearings given in the above description refer to grid North. SUBJECT to any easements of record. A-2 Bargain and Sale Deed NYACCIVE-12331335.1 BK: 3441 PG: 220 12/11/2007 DEED COMMERCIAL Image: 1 of 6 WARREN COUNTY PAMELA J. VOGEL COUNTY C DOCUMENT 00012339 B�UME: 3441 PAGE Lake George, NY 12845 1-3 111111tLitiII1111111� Instrument Number: 2007-00012339 As Recorded On: December 11, 2007 Deed Commercial Parties: WARREN AND WASHINGTON COUNTIES IRA To HWP DEVELOPMENT LLC Billable Pages: 5 Recorded By: LEMERY GREISLER Num Of Pages: 6 Comment: '* Examined and Charged as Follows: Deed Commerclal 40.00 Cover Page 5.00 RP-5217 Commercial 165.00 TP-584 5.00 Recording Charge: 215.00 Consideration Amount Amount RS#!CS# Transfer Tax 0.00 0.00 TT 1175 Basic 0.00 QUEENSBURY Special Additional 0.00 Additional 0.00 Transfer 0.00 Tax Charge: 0.00 RECORDED Cwnti Clerks Off ice Dec 11 F2007 €13:39F Pamela J. Vasel iiarrep 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 Fife Information: Record and Return To: Document Number: 2007-00012339 LEMERY GREISLER Receipt Number: 56173 50 BEAVER ST Recorded Dale/Time: December 11, 2007 03:39:24P ATTN CHARLES B DUMAS Book-Vol/Pg: Bk-RP VI-3441 Pg-220 ALBANY NY 12207 Cashier 1 Station: 5 Deak / Cash Station 3 BK: 3441 PG: 220 12/11/2007 DEED COMMERCIAL Image: 2 of 6 i. AordlReturn to: vf� i 4�rliciry Greis!er LLC J i.;'aver Gtre t of York 1 207 BARGAIN AND SALE DEED DOCUMENTS 00012339 BATE OF DEED: November �$,2007 VOLUME= 3441 PAGE; ?21 COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY,a public benefit corporation organized under the Laws of the State of New York 5 Warren Street Glens Falls,NY 12801 GRANTEE: HWP DEVELOPMENT,LLC. 89 Six Flags Drive Lake George,New York 12845 THIS BARGAIN AND SALE DEED made between Grantor and Grantee on the deed date stated above WITNESSES THAT GRANTOR in consideration of --------------------One Dollar($1.00)-----------_-------- lawful money of the United States,paid by Grantee, DOES HERESY GRANT AND RELEASE UNTO GRANTEE and his assigns forever all that property located at: 89 Six Flags Drive and 1213 State Route 9(2 parcels) Town of Queensbury County of Warren State of New York Tax Map#:295.8-1-5;295.8-1-4;295.8-1-7.2 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULES "A", "B" AND°C" ATTACHED) THIS GRANT IS MADE: Pursuant to the terms of a certain Lease Agreement by and between the parties herein,dated as of December 31,2004. A Memorandum of said Lease Agreement was recorded in the Warren County Clerk's Office on or about January 27,2005. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises, BK: 3441 PG: 220 12/11/2007 DEED COMMERCIAL Image: 3 of 6 DOOUMEMT- 00012339 VOLUME: 3441 PAGE: 222 TO HAVE AND TO HOLD the premises granted by this Bargain and Sale Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows: FIRST: That the Grantor has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. SECOND: That this conveyance is made subject to the trust fund provisions of section thirteen of the lien law. IN WITNESS OF THIS CONVEYANCE, Grantor has executed this BARGAIN AND SALE DEED on the deed date stated above. IN PRESENCE OF COUNTIES OF WARREN AND WA,SHINGTON INDUSTRIAL DEVELOPMENT AGENCY Thomas L.Hvy,,V` a Chairman STATE OF NEW YORK } ss.. COUNTY OF WARREN } On the 47 day of November in the year 2007,before me,the undersigned,personally appeared Thomas L.Hoy,personally known to me 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 the 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 ins a t. Notary Pt1 AAEI.A J.BURNS Notary Public,State of New York µo.47o3t97 Quatified in Warn untV Commission Expires 2� BK.- 3441 PG: 220 12/11/2.007 DEED COMMERCIAL Image: 4 of 6 DOCUMENT; 001D 12339 VOLUME: 3441 PAGE : 223 Schedule "A"Description All that piece or parcel of land,together with the buildings and improvements thereon, located in the Town of Queensbury,Warren County,New York, and more particularly bounded and described as follows: Those premises lying west of N.Y.-U.S. Route 9,east of Interstate Route 502-3-2.1,and described as follows: Beginning at an iron pipe driven in the ground on the westerly side of N.Y.-U.S. Route 9, which iron pipe is located at a point formed by the intersection of the westerly margin of N.Y.-U.S. Route 9,the southeasterly corner of the premises herein described and the northeasterly corner of the parcel of land conveyed by Charles R. Wood to Meadow Run Development Corporation(476/308); running thence south 18' 22'east 52.53 feet to an iron pipe;running thence south 7° 3' east 25.44 feet to an iron pipe; running thence south 46' 12'west 85.59 feet through a metal fence post and thence along a wiremesh fence to another metal fence post;running thence north 44"28'west 25.41 feet to an iron pipe;running thence south 66' 52'west 160.28 feet to an iron pipe;running thence south 11°47' east 21.60 feet to an iron pipe,which iron pipe lies easterly of a well driven in the ground and westerly of a one-story frame dormitory;running thence south 831 57'west 251.73 feet to an iron pipe in the easterly side of said Interstate 502-3-2.1;running thence north 33147'west 254.64 feet to a triangular concrete monument; running thence north 31° 18'west 398.05 feet to lands now or formerly of David J. Kenny(676/540); running thence along the said lands of Kenny North 80' 14'East, a distance of 250.53' to an iron pipe; thence along the lands now or formerly of Attractions Land, Inc. (635/444)North 801 14' East a distance of 127.92 feet to the westerly margin of N.Y.-U.S. Route 9;thence along the westerly margin of N.Y.- U.S. Route 9 the following two courses and distances: South 431 49' East 69.97 feet to a concrete monument and South 48' 33' East 508.00 feet to the point and place of beginning. Schedule"B" Description PARCEL I All that certain parcel of land,together with improvements thereon, situate in the Town of Queensbury,Warren County,New York,located on the westerly side of N.Y.-U.S. Route 49, and approximately 2000 feet southerly of Glen Lake Road,in said Town and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Route#9, and which point is the southeast corner of those premises, conveyed by Robert D. Holtz,by Will,to Phyllis Holtz and recorded on August 11, 1972, in Book 555 of Deeds at page 287 and which point of beginning is also the northeast corner of those premises conveyed by Charles R. Wood to Meadow Run Development Corp.by Deed dated May 15, 1966 and recorded in Book 476 of Deeds at page 308; running THENCE South-52 degrees-09- minutes-East,along the westerly bounds of Route#9, for a distance of 201.00 feet to an angle point therein;THENCE South-46-degrees-56-minutes-East,for a distance of 115.12 feet;THENCE the following 3 courses and distances along a boundary line,as set forth in a Boundary Agreement,dated Dec. 3, 1996,between Storytown USA, Inc. and Meadow Run Development Corp. and which Agreement is recorded in Book 1002 of Deeds at Page 179, Viz: 1 .South-47-degrees-06-minutes-West, 515.41 feet; BK: 3441 PG: 220 12/11/2007 DEED COMMERCIAL Image: 5 of 6 DC)CLJMEt4Tx 00012339 VOLUME: 3441 PAGE: 224 2.North-42-degrees-54-minutes-West, 92.07 feet; 3. South-69-degrees-28-minutes-West, 80.94 feet, to the easterly line of Interstate Route#87, alkla The "Northway"; Said 3 courses, as described in the above mentioned "Agreement" are related to the Magnetic Meridian, whereas the bearings in this description are related to the True North meridian;running THENCE North- 33-degrees-09-minutes-West along said Northway,for a distance of 194.60 feet to a concrete monument marking an angle point in said Northway line: THENCE North-33-degrees-13-minutes-West, along said Northway for a distance of 144.90 feet to the southwest corner of said lands of Holtz: THENCE the following 7 courses and distances along the southerly line of said lands of Holtz: Viz: 1.North-83-degrees-57-minutes-East,-251.73 feet; 2,North-11-degrees-47-minutes-West,-21.60 feet; 3.North-66-degrees-52-minutes-East, - 160.28 feet; 4. South-44-degrees-28-minutes-East, - 25.41 feet; 5.North-46-degrees-12-minutes-East,- 85.59 feet; 6.North-7-degrees-03-minutes-West, -25.44 feet; rW) 7.North-l8-degrees-22-minutes-West,-52.53 feet to the place of beginning. PARCEL 2 ALL that certain parcel of land,together with improvements thereon,situate in the Town of Queensbury,Warren County,New York, located westerly of New York U.S. Route 9 and bounded and described as follows: Commencing at a point where the northerly boundary of the former William Griffen Farm meets the southwesterly boundary of MY.-U.S. Route 9 and running thence westerly along the northerly bounds of the former Griffen Farm 128 feet more or less to the southeast corner of lands now or formerly owned by David Kenny;thence running northerly along said lands of Kenny a distance of 192 feet more or less to a point in the southwesterly bounds of said Route 9;thence running southeasterly along the bounds of said Route 9 a distance of 220 feet more or less to the point or place of beginning. WHICH PREMISES ARE MORE MODERNLY DESCRIBED AS FOLLOWS. Schedule "C" Perimeter Description All that tract or parcel of land situate in the Town of Queensbury, Warren County,New York bounded and described as follows: Beginning at a point on the westerly line of N.Y.S. Route 9 at the point of intersection formed by the lands herein described on the northwest and the lands now or formerly of the Great Escape Theme Park,LLC (1021/283)on the southeast;thence along the northwesterly line of said lands of Great Escape Theme Park., LLC the following three courses and distances: BK: 3441 PG: 220 12/11/2007 DEED COMMERCIAL Image: 6 of 6 DUC Uh7Ei+ITY 00012339 VOLUME: 3441 PAGE: 225 S 460 50' 32" W, 515.41 feet to a point; N 43" 09' 28"W, 92.07 feet to a point; S 690 12' 32" W, 80.94 feet to a point; thence along the easterly line of Interstate Route 87,aWa"The Northway",the following four courses: N 3411 17' 16" W, 195.56 feet to a point; N 320 16' 47" W, 143.99 feet to a point; N 330 56' 04" W, 254.18 feet to a paint; N 31° 18' 20" W,397.28 feet to a 3-corner concrete monument found; thence along the southerly line of lands now or formerly of Great Escape Theme Park,LLC(1116/47)N 80" 14' 53" E 250.53 feet to a 3/4" iron pipe found and N 090 34' 07" W, 191.73 feet to a 3/4" iron pipe found; thence along the westerly line of said NX.S. Route 9,the following three courses: S 430 18' 26" E, 299.69 feet to a 4" square concrete monument found; S 48° 35' 38° E, 506.41 feet to a point; S 5411 00'47" E,203.98 feet to a point; S 470 11' 28" E, 115.12 feet to the point of beginning. Containing 10.757 acres of land. All distances are level and all bearings are based on Magnetic North 1999. TOGETHER WITH AND SUBJECT to all enforceable covenants, easements,restrictions, and conditions of record. Being the same premises described in a deed from HWP Development, LLC to The Counties of Warren and Washington Industrial Development Agency dated December 28,2004 and recorded in the Warren County Clerk's Office on January 27,2005 in Book 1429 of Deeds at Page 104, TOGETHER WITH a permanent easement for vehicular ingress and egress from N.Y.S. Route 9 across the adjacent lands now or formerly of Great Escape Theme Park, LLC (1118/289, 1116/47, 10211283, and 1118/292) to the above-described premises, pursuant to that certain Reciprocal Easement Agreement dated September 4, 2007, by and among Counties of Warren and Washington Industrial Development Agency, HWP Development, LLC and Great Escape Theme Park, LLC, recorded in the Warren County Clerk's Office on September 12, 2007 in Book 3373 of Deeds at page 300. BK: 1116 PG: 97 05/21/1999 DEED Image: 1 of 3 /7 • f t varren County Clerk RECORDING COVER SHEET — +Emp.Initials_ (—L— Irstrurnent Y py f d pages Town� m � AddCL.Fee `'&,Q � G Addtl.Hames / f I Transfer Tax Am[._9_09�.�.. i Transfer Tax Stamp FIE EIVED G REAL ESTATE TRANSFER TAX WARREN COUNTY Hortgage Tax Aiar. u Mortgaga Tax stamp Mortgage Tax 3 GrarleorlHartgag9r � ' GrxnseclMortgagee�y���Y TLL J Recorded by r !r/Irr1/1/111/11/!il/Irllllrllrl/r1! C[t�ha' � '� ! Recording stamp Return to r r 1 PAGE �1r1D EKA111IIE© 1 CARYL I I CLfiK CLERK r Upon reeurditc, this page becomes a part of 1 99 PINY P PM �. p the dacnment ($3.00). 1 1 RECORDED I1� BK: 1116 PG: 47 05/21/1999 DEED Image: 2 of 3 1 State of New York } = County of Recordedonthe�dayof A.D.,1999 at o'clock_M in liber�ofDeeds I at Page and examined. Clerk r THIS INDYU TUBE Made the day of May,Nineteen Hundred and Ninny-Nine [� BETWEEN a f m DAVID J.KENNY and CHERYLL.KENNY.1415 Roule9.Quccnsbury,NY 12904, s ►� party of Ili vfirst part,and �t'iREAT ESCAPE THEME PARK,LLC,Route 9,Lake George,New York 12$45, party or the second part, • 1 WITNESSETH that the party of the first part, in consideration of One Dollar(Sl.00)lawrul money of the United States,pail by the party of the second part,does hereby grant and release unto the party of the second part and assigns of the party of the second part forever, ALL THAT CERTAIN LOT,PIECE OR PARCEL OF LAND,situate in the Town of Quecnsbury, Col ttly of Warren,Statcof New York and being bounded and described as follows: i COMMENCING at an iron pin found in the ground,which point marks the southeasterly corner of premises Z. heretofore conveyed to lames V.facksimi and Avis B.Jacksinac his wife,by deed dated June 30,1961,and recorded in the Warren County Clerk's Office on July 24, 1%I,in Book 411 of Deeds at Page 107,running thence S. ; 2404I'll. 145.51 Cott to a poi at,running thence S.2V26'E.139.60 feet to a point;running Iherim S.3I*ITE, 110.64 feet to an iron pin sc11n the ground for a point;sinning thence SA036'W.,191.73 feet to an iron pin found in the ground;running thence N.85°35'W.,250.53 fact to a point;running thence N.17°19'W"357.80 feet to a point; running thence 14.21°08'W.,99.90 feet to an iron pin found in the ground,running thence N.68°52'E.,236 93 fee!to the place or point of beginning. BEING the same premises described in a deed from David J.Kenny to David I.Kenny and Cheryl L. Kenny dated June 11,1991 and recorded in Eire Warren County Clerk's Office on June 17, 1991 in Liber 925 of Deeds at page 173. 704GETHEI2 with tht appurtenances and till the estate and rights of the party or the first part in and to said Promises, r0 HAV£AND TO HOLD the premises herein granted unto the party of thcmcond part and its assigns forever. And said party of the first part covenants as follows: F IRST,T tat the party of the second part shatI quietly enjoy said promises, SECOND,That said party ofthc first part will forever Warrant the Ili It to said premises. j 'CHI", That,in Compliancewith Sec.13 of the Lien Law,the party of the first part will receive the consideration such consideration as a Irust fund to be applied first for the for this conveyance and will hold the right to receive purpose of paying the cost of the improvement and will apply the some first to Ilse payment of the cost of the i m provement before using any part of the total of the same for any otherpurpose. ' IN WITNESS WHEREOF,the partyofthe first part has caused these presents to be signed by its duly authorized }r officer on the day and year first above written. 1. In prescaccof I ti-: l3avidl,Ken t Cheryl L.&4nny �r 1: Et . SK: 1116 PG: 47 05/21/1999 DEED Image: 3 of 3 4 StateomewYark 3 Gouoty(ifr'� �- On this,e day orMay,Nineteen Hundred And Nincty-Nine berore me personally came David J.W I Kenny,to me personally known,who being by me duly sworn did depose and say tliat lie resides in Queensbury, New York,and that be executed the within lastruntentA-4 `""`A '� i ,.,e fa,,,,�t,.d l+orr+•r, r.+ Notary Public ip► howylPo�Sulo0NnrYork � State of New York ] yo� ysyy� ,e 1 )ss.: County of 5&FIZ-10sle-r)�,, On this 9�day of May,Ninctcen Hundred and Nincty-Ninebe Core me personally came Cheryl L. Kenny,tome personally known,who being by me duly swam did depose and say that she res es in ueensbry, Ne%�,York,and that she executed the within Insmment4--� t e Nntary Public THERESA AI.S%A1 tlotayt�k.S@s°t '-York u tsissic�f a+M'1I ►a I i Record and Rclum: Lemery MacKrell LLC 10 Railroad Place Saratoga 5prings,New Yark 12866 II Btt: 44.91 PG: 15 05/16/2012 APPROPRIATION Image: I of .3 WARREN COUNTY PAMELA J..VOGEL DOCUMENT; 0.000:3779 VOI-UMEz A-491 PAGE: 15 COUNTY CLERK Lake George; NY 12845 Vaitn-4491 Pg-15 Sn 2012 0 37" Instrument Number: 2012-00003779. As Recorded On: May 16,2012 Appropriation Parties: GREAT ESCAPE THEME`PARK LP TO NEW YORK STATE DEPT 4t ifzPttAsP TA1XoM Recorded By: NEW YORK.STATE DEPT OF TRANSPORTATION Num Of Pages: 3 Comment: * Examined and Charged as Foiiows "* Appropriation 0.00 TP-584 No Fee 0.00 Recording Charge: 0.00 Consideration Amount 'mount RS#IC5# Transfer Tax 0.00 0.00 TT 1807 Basic .0100 C1U@ENSBIiRY Local 0.00 Special Additional 0A0 Additional 0,00 Transfer 0.00 Tax charge: 0.00 RECORDS C6unt9 Clerks Orf ice kf y 16,1012 02;58P Pamela J. :v(Mel warren County Clerk **THIS PAGE IS PART OF THE INSTRUMENT*" I hereby certify that the within and foregoing.was recorded in the C1er.k's Office.Far: WARREN COUNTY,NY Fite Information' Record and Return To Document Number: 2012 00003779 NEW.YORK STATE DEPT OF TRANSPORTATION Receipt Number: 256369 1340.STATE ROUTE 9 Recorded Date/Time.- May 16,2012 02:58:31P LAKE GEORG.E NY 12845 Book-VoI1Pg: Bk-RP VI-4491 Pg-15 Cashier 1 Station: T Ryther I Cash Station 2 BE: 4491. PG: 15 05/1.6/2012 APPROPRIATION Image: 2 of 3 DOCUMENTt OOOQ3779 (SECTION A) VOLUMEA 4491 PAGE: 1i5 NEW YORK STATE DEPARTMENT OF.TRANSPORTATION OFFICE OF RIGHT OF WAY APPR PRIATION gff PROPERTY•: BY TDEV PLE.OF T TAT NEW YORK PROJECT`: MAP NOS.- PARCEL NOS:: 223 282 SI-I417 . GLENS FALLS LAKE GEORGE P1N: 181999 FROC, 13070 WARREN COUNTY TOWN OF QUEENSBURY N�TTeE of APPItorRIATInrr Pursuant.to the statute set forth in the above maps TO: 1. GREAT ESCAPE THEME PARK L.P.,.00 LEMERY GREISLER LLC,60 RAILROAD PLACE,SARATOGA. SPRINGS,NY 12866. 2. NIAGARA MOHAW.K:POWER CORPORATION,.WBIA NATIONAL GRID,300 ERIE BLVD.WEST,BUILDING DG,SYRAC(JSE,NY 13202 3. VERIZON NEW YORK INC.,ATTN.ROBERT KETZER, I I WARDS LANE,un)FLOOR,MENANDS,NY 12204 4. TOWN.OF QUEENSBURY,.742 BAY ROAD,QUEENSBURY,NY 12804 1 TOWN OF QUEENSBURY WATER DEPARTMENT,823 CORINTH ROAD,QUEENSHURY.,NY 12804 6. TOWN OF QUEENSBURY WASTEWATER DEPARTMENT,823.CORINTH:ROAD,QUEENSBURY,NY 12804 7, COUNTIES:OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT.AGENCY,ONE BROAD STREET PLAZA,GLENS FALLS,NY 12801 K HWP DEVELOPMENT.LLC,TEN RAILROAD7.PLACE,SARATOGA SPRINGS;NY 12866 TAKENOTICE:that on the..24TH-day of AFRIL 2012 there was filed in the office of the Department of Transportation a certified copy of each of the above desiggn�ated maps of.property;and that on the t r�tay day of Pj&j m i�,there was filed.in the office of the clerk'of the county,in which such property is situated,a copy of each such.maps. TA 117Ri Et1 NOTICE that title to the property,easements;interests or rights set forth in said reaps y Enthe Pe❑ ,of the State of New York upon such filing in the office of said county clerk; COMMISSIONER OF TRANSPORT �• 1' 1a OF �. J .. ' err •. ';£s:3 By. _ •�j'•I�,� 1... 13ire I ,a ..,•' a'�*'vw��'•i;,".i`'' it ---- ----------------- --- ti COUNTY C RTIF MATE bF FIi IN_G_QF iV�Aps State'of New York).SS.: County.afW �.. I hereby.certifj that on:the �tO day a r _.;—the missioner.off ra�rtat'son caused a copy of ea�f the maps referred to.in the.above ,.._ . .3.� •,�ottce bf appropriation,to be.fled in this.office. ounty er --- _----------------------------------------- -- ------------- -- ------------ .----- GOVNTY:Qk 'S CERTIFTCATE OF FILING AND RECORI111�1G OF NOT3CE nF.APPRQPATA Cl nlY Staled�New'YorRD'0.+ C*inty off SS.: hereby certify that on the I V day �20 1A the(!��iiimissioner of Transportation caused the.above rno ice of appropriation to be filed and recorded A. L! ' `-inihis office. County Clerk BK: 4491 PG: 15 05]16/2012 APPROPRIATION Image: 3 of 3 DOC13HEHT---,� 00003779 (SECTION A) VOLU"E: 4491 PAGE: 17 NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY APPROPRIATION OF PROPERTY•: BY THE •>v P E IIE STATE_NEW YORK PROTECT: MAP NOS.: PARCEL NOS:: 223 282. SH 417. GLENS FALLS-LAKE GEORGE PIN:18199.9 PROC::13070 WARREN COUNTY TOWN OF.QUEENSBURY NOTICI OF APPROPRIATION Pursuant to the statute-set forth in the above traps. TO: 1: 7P MORGAN CHASE SANK,N.A„270 PARK AVENUE,4TH FLOOR,NEW YORK,NY 10017 2 3.. 4. S. 7. 8: TAKE NOTICE that on the 24TH day of APRIL 2011 there was filed in the office.of the Department.of Transportation a certified copy of each..of(he above designated maps.of property;.and that on the IQi.41 'day of 0 A� ao13,there was filed in the office of the clerk of the county;in which such property is situated,a copy of each such maps. TAKE.FURTHER NOTICE that title to the property,easements,interests or rights set forth in.said traps. vested in the People of the State of New York.upon such filing in the office of said county clerk. COMMISSION R OF TRANSPORTATION _ OF THE ,A� F3ated1 ��� .�. I}irectOt E r��y.'.�i 7 ���l� �����•��'���5 i ti',,� ,���•, r. , •. . CQUN'i'Y CLERK'S CERTIFICATE OF k7LING OF MAPS StatN drk)SS.:. CountyYyA ) I bereby.certify that on the day 20�a the Commissioner of Transportation caused a.Cop y '�� ..�f ea6 of the maps referred to in.the abase appropriation,.to be filed in this office. ounty er ----------- ------------------ --------------------- ---- -----_------------._._»._._-. ------------ -- COiINTY CLERIC-3 ERTIFICATE G AN➢RECORA G F NOTICE OF APPRDPI�TIpN I. State:'of N w,York) Couny o 3�Al�T}.SS.: 1``-'�' I hereby certify that on the day r, "l1w-Cornmissioner of Transportation.caused the above nbts�ce of appropriation to be filed and recorded County Clerk —r