CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT – THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 6th day of September, nineteen hundred and Eighty-Nine BETWEEN BIRCH WATHEN SCHOOL, INC., having an address at 9 East 71st Street, New York, New York party of the first part, and NINE EAST 71ST STREET CORPORATION, having an address at 41 South High Street, Suite 3710 Columbus, Ohio 43215 party of the second part, WITNESSSESTH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid to the applied firm for the purpose of paring the part of the second part forever. ALL that certain plot, place or parcel of land, with the buildings and improvements thereon erected, situated lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of 71st Street distant 225 feet easterly from the corner formed by the intersection of the easterly side of 5th Avenue with the northerly side of 71st Street; running thence Easterly along the northerly side of 71st Street 50 feet; thence Northerly and parallel with 5th Avenue 102 feet 2 inches to the centre line of the block between 71st and 72nd Streets; thence Westerly along the said center line and parallel with 71st Street 50 feet; thence Southerly and parallel with 5th Avenue 102 feet 2 inches to the northerly side of 71st Street at the point or place of BEGINNING. This deed is executed in accordance with Supreme Court Order of the State of New York held in and for the County of New York on the 6th day of February, 1989, filed as Index No. 2225/89. 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 line of the block between 71st and 72nd Streets; TOGETHER with the appearance and fund to the applied firm for the purpose of paring the part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. 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 conversion against and will hold the right to recourse such consideration as a fault found in the purpose of paring the cost of the improvement 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: BIRCH WATHEN SCHOOL, INC. By: Philip S. Masoner Chairman and President EFTA00151581 STATE OF NEW YORK, COUNTY OF REEL 1617 PAGE 2413 On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. On the 1st day of September 1989, before me personally came Philip S. Sassower to me known, who, being by me duly sworn, did depose and say that he resides at No. 7894 Avenue. that he is the Chairman and President of Birch Wathen School, Inc., the corporation described in and which executed the foregoing instrument; that he knows the level of said corporation; that he is affirmed to said instrument in each corporate entity; that it is affirmed by order of the board of directors of said corporation, and that he signed his name thereto by like maker. PHYLLIS CASSORLA NOTARY PUBLIC, State of New York No. 377064 Qualified In Nassau County Commission Expires January 31, 1991 Bargain and Sale Deed WITH Covenant Against Granton's Acts TITLE NO. 12-00-60023 07/10/19 BIRCH WATHEN SCHOOL, INC. TO $ 50,800 REAL ESTATE SEP 1 1 1989 TRANSFER TAX NEW YORK COUNTY NINE EAST 71ST STREET CORPORATION 30490 On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. Lex Terrae, Ltd. 331 Madison Avenue New York, N.Y. 10017 STATE OF NEW YORK, COUNTY OF to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. On the day of 19, before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows
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RETURN BY MAIL TO: PROVIDENCE: 9 EAST 715TH SHEET Jack S. Levey, Esq. Schwartz, Kelm, Warren & Rubinstein 41 South High Street Columbus, Ohio Zin No. 43215 Reserve this space for use of SecondLine RECORDED IN NEW YORK COUNTY EFTA00151582