| mortgage listed at liber 1286 pp 186 - 192 |
| mortgage Wildwyck Village to First National Bank of Highland |
| AGREEMENT, made this 21st day
of September, nineteen hundred and seventy-two between THE FIRST
NATIONAL BANK OF HIGHLAND, a banking institution duly organized and
existing under and by virtue of the Laws of the United States of America
with a principal place of business at 71 Vineyard Avenue, Highland,
Ulster County, New York, hereafter designated as the Mortgagee, and
WILDWYCK VILLAGE, INC., a domestic corporation duly organized and
existing under and by virtue of the Laws of the State of New York with
its principal office at Route 9-W, Esopus, Ulster County, New York,
hereinafter designated as the mortgagor,
WHEREAS the mortgagee is the owner and holder for value of the following mortgages together with the bonds accompanying the same, to wit: 1. A certain bond conditioned for the payment of $150,000.00 as made by Wildwyck Village, Inc. to Savings and Loan Association of Kingston dated December 29th, 1970 said bond being secured by a mortgage bearing even date therewith and recorded in the Ulster County Clerk's Office in Liber 1018 of Mortgages at page 797, upon which there is a now due and owing the principal sum of $100,000.00 and which mortgage is now a valid first mortgage lien on the premises hereinafter described, said mortgage being assigned by Assignment of Mortgage dated September 1972, made by Savings and Loan Association of Kingston to The First National Bank of Highland and to be recorded simultaneously herewith; and 2. A certain bond conditioned for the payment of $135,000.00 as made by Wildwyck Village, Inc. to The first National Bank of Highland dated September 21st, 1972, said bond being secured by a mortgage bearing even date therewith and to be recorded simultaneously herewith in the Ulster County Clerk's Office, and which mortgage is now a valid lien on the premises hereinafter described. upon which bonds and mortgages there is now unpaid the aggregate principal sum of $235,000.00 with interest at 9% per annum from the 21st day of September, 1972. NOW in consideration of the sum of $1.00 paid by the mortgagor to the mortgagee receipt of which is hereby acknowledged, and of the mutual covenants herein contained and other valuable consideration. THIS AGREEMENT WITNESSETH; That it is mutually covenanted and agreed that the said mortgages above described are hereby coordinated and consolidated so that from and after the date hereof the same are hereby consolidated into one mortgage covering the premises therein described running concurrently as one mortgage and constituting a single first lien upon the premises mortgaged therein to the same extent and with the same force and effect as if the said sum of $235,000.00 together with the interest thereon, was secured by a single bond and a single mortgage covering and mortgaging the mortgaged premises hereinafter described. SEE RIDER ATTACHED FOR DESCRIPTION AND it is further mutually covenanted and agreed that default in any of the terms, provision or conditions contained in either of said mortgages, or in either of their accompanying bonds, or in this agreement, shall be deemed to be a default in both or all of said mortgages; and in such event all or said mortgages may, at the option of the holder thereof, be foreclosed as one mortgage. AND it is further mutually covenanted and agreed that upon the aforesaid consideration, the mortgagee hereby modifies and extends the time for the payment for said indebtedness of $235,000.00 lawful money of the Unites States secured by the said bonds and mortgages and this agreement upon the terms and conditions hereinafter set forth so that the same shall be due and payable as follows: With interest computed on all unpaid principal balances at the rate of 9% per annum, which said principal and interest shall be paid in monthly installments of $2,114.99 each commencing on the 21st day of October 1972 and payable on demand thereafter and the aforesaid monthly payments shall be applied first in payment of the interest due and the balance if any, in reduction of the principal sum and in the event such payments are made as herein provided without any fraud or other delay, then the above obligation to be void, otherwise to remain in full force and virtue. PROVIDED that should the premises described in said mortgage be sold without the written consent of the obligee, the whole balance of said principal sum shall become due and payable forthwith at the option of the obligee and PROVIDED that the obligor shall have the privilege on and after September 21st, 1973 to prepay the principal indebtedness on any installment payment date upon giving the holder of the aforesaid bond and/or note and mortgage thirty days prior written notice of intention to do so PROVIDED, HOWEVER, no prepayment of principal sums due on said mortgage shall be allowed without penalty within two years of the execution of said mortgage and/for the date of the first installment payment of said mortgage. In addition to the bond or obligations above mentioned, this agreement is intended to secure and does secure any and all further loans to or indebtedness owed or to be owed by the mortgagor to the mortgagee and it is stipulated and agreed that the maximum amount secured by this agreement at its execution or which under any contingency may be secured by this agreement at any time in the future, shall be the stated principal amount of this agreement. The obligation of the mortgagee to make further or future advances or readvances shall be optional with the mortgagee. Furure advances or readvances may be made by the mortgagee under this provision to the present or to any future owner of the mortgaged premises. In accordance with Section 501 of the Civil Practice Law and Rules, it is expressly agreed by and between the parties hereto that in the event of default and the institution of an action to foreclose said mortgages, the mortgagee may elect the County of Ulster as the venue and place of trial for said action. Sixteen items covenanted between mortgagee and mortgager. THE MORTGAGES PREMISES affected by the said consolidated mortgages and by this agreement are described in rider attached hereto and made a part of this agreement as if set forth herein at length This agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. THE FIRST
NATIONAL BANK OF HIGHLAND STATE OF NEW YORK } On this the 21st Day of September, 1972, before me personally appeared Philip P. Hellriegel, to me personally known, who being by me duly sworn, did depose and say that he resides in Esopus, New York, that he is the President of WILDWYCK VILLAGE, INC., the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Stewart T.
Schantz By Philip P. Hellriegal, President STATE OF NEW YORK } On this the 21st Day of September, 1972, before me personally appeared Anthony Pezzo, to me personally known, who being by me duly sworn, did depose and say that he resides in Highland, Ulster County, New York, that he is the Cashier of THE FIRST NATIONAL BANK OF HIGHLAND, the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Stewart T.
Schantz Filed 9:09 am, Sep 25, 1972 Albert Spade, Ulster County Clerk
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Rider to this agreement PARCEL A. - ALL THAT PLOT OF LAND with the buildings thereon in the Town of Esopus, County of Ulster and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of the State Highway leading from Highland to Kingston, known as Route 9-W adjoining the Northeast corner of land now or formerly belonging to Dr. Gordon and a stone wall; thence running along the northerly line of said land now or formerly of Dr. Gordon the following courses and distances: North 65º 52' 40" West 112.75 feet; North 67º 21' 30" West 376.99 feet; North 66º 45' 20" West 740.30 feet; North 66º 55' 50" West 237.29 feet to the easterly line of land of the New York Central Railroad Company, formerly West Shore Railroad, thence running the following courses and distances for the easterly line of said Railroad land North 9º 17' 00" West 457.06; Northwesterly on a curve to the right having a radius of 1328.7 feet at a distance of 663.65 feet North 18º 13' 00" East 883 feet; Northerly on a curve to the left having a radius of 2914.9 feet a distance of 543.34 feet and North 7º 32' 00" East 405.68 feet to the southerly line of land now or formerly of Henken South 88º 12' 40" East part of the way along the center line of a stone wall 194.35 feet to another corner of said land now or formerly of Henken; thence running still along said last mentioned land North 3º 42' 00" East 41.85 feet: North 13º 4' 10" West 64.74 feet; North 8º 57' 10" West 16.26 feet; North 31º 28' 50" East 19.78 feet and North 68º 52' 10" East 202.62 feet to the center line of the Old Post Road; thence through the center line of the Old Post Road the following courses and distances: South 14º 58' 10" East 54.89 feet; thence South 19º 11' 20" East 51.72 feet; thence South 25º 34' 30" East 50.83 feet; thence South 28º 25' 00" East 335.00 feet; thence South 32º 9' 00" East 234.57 feet; thence South 1º 21' 30" West 134.19 feet and South 5º 9' 00" West 807.20 feet to the northeast corner of land conveyed by New York Protestant Episcopal City Mission Society to Church of the Ascension for a cemetery; thence running along the northerly line of said last mentioned land North 81º 37' 00" West 200 feet to the northwest corner of said cemetery plot; thence running along the westerly line of said land so conveyed to the Church of the Ascension South 3º 35' 17" West 110 feet to the northerly lineof another cemetery parcel belonging to the Church of the Ascension at a stone wall; thence running along the northerly line of said cemetery parcel of the Church of the Ascension and along the center line of said stone wall North 81º 37' 00" West 147.19 feet to a stone wall; thence running along the westerly line of said cemetery parcel belonging to the Church of the Ascension and along the easterly line of a small part of said cemetery parcel conveyed by the Church of the Ascension to New York Protestant Episcopal City Mission Society South 3º 41' 5" West 211.47 feet to the southerly line of said Cemetery Parcel of the Church of the Ascension at a stone wall; thence running along the southerly line of said last mentioned land and along the center line of said Stone wall South 81º 57' 20" East 354.46 feet to the westerly side of the said highway leading from Highland to Kingston, known as Route 9-W and thence along the westerly side of said State Highway, known as Route 9-W the following courses and distances: South 1º 39' 00" West 216.27 feet; South 4º 2' 00" West 500.20 feet; South 6º 39' 00" East 151.90 feet; South 4º 28' 10" East 61.34 feet; South 16º 51' 00" East 26.84 feet and South 20º 41' 00" East 862.05 feet to the point of beginning. TOGETHER with the right of the Grantor if any, to cross the right of way of the New York Central Railroad Company adjacent to a portion of the premises. PARCEL B; - ALL THAT PLOT OF LAND with the buildings thereon situate in the Town of Esopus, County of Ulster and State of New York, bounded and described as follows: BEGINNING at a point in the northerly line of said land now or formerly of Dr. Gordon distant as measured along same North 65º 52' 40" West 112.75 feet; North 67º 21' 30" West 376.99 feet; North 66º 45' 20" West 740.30 feet and North 66º 55' 50" West 237.29 feet; and North 66º 55' 50" West 118.38 feet from the westerly side of the State Highway leading from Highland to Kingston known as Route 9-W, being also the westerly line of lands of the N. Y. Central Railroad Company, known as the West Short Railroad, North 67º 16' 00" West 363.02 feet; North 66º 46' 40" West 279.37 feet; North 67º 45' 30" West 109.43 feet; North 67º 36' 20" West 104.18 feet; North 66º 37' 50" West 117.15 feet; North 66º 11' 50" West 173.07 feet; North 67º 8' 50" West 323.88 feet; North 66º 39' 30" West 1156.65 feet; North 67º 21' 50" West 198.49 feet; North 66º 45' 00" West 503.96 feet; North 67º 56' 30" West 129.57 feet; North 65º 57' 40" West 189.85 feet and North 67º 50' 50" West 269.74 feet to the northwest corner on said land now or formerly of Dr. Gordon; thence running along the westerly line of said last mentioned land the following courses and distances: South 16º 10' 40" West 230.64 feet; South 12º 59' 00" West 287.04 feet; South 15º 31' 50" West 296.25 feet; and South 17º 00' 10" West 441.33 feet to the northerly side of the highway known as West Park Road; thence running along the northerly side of said highway known as West Park Road, North 63º 48' 50" West 493.69 feet to the center line of said highway known as West Park Road, and thence running along said center line of West Park Road the following courses and distances: North 44º 51' 30" West 77.22 feet; North 25º 55' 20" West 62.89 feet; North 7º 56' 10" East 58.52 feet; North 24º 7' 10" East 132.68 feet; North 5º 36' 50" East 75.63 feet; North 41º 34' 50" West 69.82 feet; North 56º 19' 00 West 224.55 feet; North 33º 15' 40" West 76.50 feet; North 6º 50' 30" West 79.92 feet; North 25º 38' 20" East 119.17 feet; North 5º 16' 20" West 105.36 feet; North 30º 52' 10" West 244.84 feet and North 8º 24' 50" West 271.08 feet; thence leaving said center line of West Park Road and running North 9º 47' 00" East 45.72 feet to the northeasterly side of West Park Road and a corner of land now or formerly of Freer; thence running along the easterly line of said land of Freer North 20º 14' 00" East 721.89 feet and North 50º 48' 50" East 663.12 feet to the corner of 2 wire fences and the southerly line of land now or formerly of Kataski; thence running along the southerly line of said land of Kataski and part of the way along the center line of a stone wall the following courses and distances: South 69º 23' 20" East 183.85 feet; South 68º 51' 20" East 192.94 feet; South 69º 22' 20" East 131.84 feet; South 69º 23' 30" East 316.19 feet; South 68º 25' 00" East 167.27 feet; South 69º 8' 00" East 176.27 feet; South 66º 46' 40" East 229.69 feet; South 74º 45' 50" East 141.98 feet; South 68º 30' 40" East 442.36 feet; South 66º 6' 00" East 38.97 feet; South 67º 49' 10" East 124.42 feet; South 69º 27' 40' East 304.71 feet; South 69º 34' 10" East 439.80 feet; South 70º 44' 50" East 166.13 feet; South 67º 56' 50" East 99.62 feet; South 67º 54' 40" East 111.07 feet; South 60º 00' 30" East 190.08 feet and South 68º 49' 20" East 446.41 feet to the end of said stone wall and the southeast corner of said land now or formerly of Kataski; thence running along the easterly line of said last mentioned land North 10º 16' 00" West 204.56 feet and North 3º 56' 40" East 566.29 feet to a corner of 2 wire fences and land now or formerly of Henken, thence running along the southerly line of said land of Henken South 84º 1' 10" East 607.45 feet to another corner of said last mentioned land, and thence running along the easterly line of said land of Henken, North 16º 13' 40" East 66.31 feet; North 15º 14' 00" East 199.84 feet; North 14º 42' 30" East 102.36 feet and North 15º 20' 20" East 112.58 feet to a corner of 2 wire fences at an angle point in said land now or formerly of Henken; thence still running along said last mentioned land South 88º 12' 40" East 91.06 feet to the westerly line of land of the New York Central Railroad Company formerly West Shore Railroad; thence running the following courses and distances for the westerly line of said land of the New York Central Railroad Company South 7º 32' 00" West 395.61 feet southerly on a curve to the right having a radius of 2814.9 feet a distance of 524.70 feet South 18º 13' 00" West 883 feet, southeasterly on a curve to the left having a radius of 1482.7 feet a distance of 711.64 feet and South 9º 17' 00" East 393.71 feet to the northerly line of said land now or formerly of Dr. Gordon to the point of beginning. TOGETHER with the right of the Grantor if any, to cross the right of way of the New York Central Railroad Company adjacent to a portion of the premises. EXCEPTING land conveyed to Alexander Zabik and Fumiko Zabik, his wife, by deed dated July 31st, 1972, and recorded in the Ulster County Clerk's Office on August 3, 1972 in Liber 1283 of Deeds at page 101. PARCEL A. BEING the same premises as described in a deed from Philip P. Hellriegel and James R. Shields to Wildwycke Village, Inc dated August 12th, 1969 and recorded in the Ulster County Clerk's Office on September 11, 1969 in Liber 1232 of Deeds at page 1178. PARCEL B BEING the same premises as described in a deed from Philip P. Hellriegel and James R. Shields to Wildwycke Village, Inc. dated August 12th, 1969 and recorded in the Ulster County Clerk's Office on September 11th, 1969 in Liber 1232 of Deeds at page 1182 |
| this is a transcription of a deed located in the Ulster County Clerk's Vault Room, Kingston, New York |
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