Preview
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023
EXHIBIT D
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023
Record and Return:
The Wheatley Harbor, LLC
7 Ingram Court
Smithtown, New York 11787
ASSIGNMENT OF MORTGAGE
The Wheatley Harbor, LLC, having an address of 7 Ingram Court, Smithtown, New York 11787 and The Gross
Family Holdings, LLC having an address of 45 Harbor Road, sands Point, NY 11050 ("Assignor"),
in consideration of ten and 00/100 ($10.00) Dollars and other good and valuable consideration paid by:
Thomas Newman, an individual having an address of 1315 West Main Street, Riverhead, NY 11901
("Assignee"), hereby releases and assigns unto Assignee, that certain Mortgage made by Sandy Hills LLC given
to Thomas Newman to secure payment of the sum of $603,381.50 Dollars and interest, dated April 27, 2017 and
recorded on May 15, 2017, in the Office of the Suffolk County Clerk in Liber 22817 Page 664, which Mortgage
was assigned by Collateral Assignment of Mortgage from Assignee to Assignor on August 5, 2020, which
assignment was executed on August 5, 2020 and recorded on recorded on May 15, 2017, in the Office of the
Suffolk County Clerk in Liber 22817 Page 664
covering premises Rocky Point Road aka Middle Country Road, Rocky Point, NY 11778 Tax ID Dist. 0200
Sec. 378.00 Block 02.00 Lot 033.004 (Vacant: SEE EXHIBIT A, ATTACHED, FOR LEGAL DESCRIPTION
Together with the bond or obligation described in said Mortgage and the moneys due to grow due thereon with
interest.
TO HAVE AND TO HOLD, the same unto the Assignee, and to the successors, legal representatives and
assigns of the Assignee forever.
This Assignment is not subject to the requirements of Section 275 of the Real Property Law because it is an
assignment within the secondary mortgage market.
This Assignment is made to and accepted by Assignee without warranty or representation on the part of the
assignor and without recourse to the assignor in any event whatsoever.
[SIGNATURE PAGE FOLLOWS]
252540/269-7088736.2
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023
TNWITNESS WHEREOF, the Assignor has duly executed this Assignment as of December 4, 2023.
The Wheatle Harbor, LLC
By:
(+me: Jared Kaplan
Title: Special Member
The Gross Family Holdings, LLC
By:
C-Name: Jared Kaplan
Title: Special Member
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
4th
On the day of December in the year 2023, before me, the undersigned, personally appeared
Jared Kaplan, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the 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.
Harlan L. Levine
Notary Public, State of New York
NOTARY PUBLIC Reg. No. 02LE5024039
Qualified in Nassau County
Commission Expires 11/02/20
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
45
On the day of December in the year 2023, before me, the undersigned, personally appeared
Jared Kaplan, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the 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.
Harlan L. Levine
Notary Public, State of New York
NOTARY PUBLIC Reg. No. 02LE5024039
QUnlified in Nassau County
C@mmission Expires 11/02/20 2 6
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023
First American Title Insurance Company
Title Number: APS23546S
Page 1
SCHEDULE A DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Middle
Island, Town of Brookhaven, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a concrete monument at the corner formed by the intersection of the
southerly side of Bailey Road with the easterly side of Rocky Point Road;
THENCE RUNNING South 66 degrees 26 minutes 40 seconds East along the South side of
Bailey Road and passing through a concrete monument on the South side of said road
747.09 feet to a locust stake set in the northwest comer of land now or formerly of Van
Home;
THENCE RUNNING along last mentioned land the following courses and distances:
(1) South 09 degrees 26 minutes 20 seconds West, 129.99 feet to a locust stake:
(2) South 12 degrees 52 minutes 40 seconds West, 499.99 feet to a locust stake:
(3) South 10 degrees 31 minutes 20 seconds West, 775.09 feet to a locust stake:
(4) South 89 degrees 50 minutes 10 seconds West, 16.50 feet to a locust stake:
(5) South 08 degrees 28 minutes 42 seconds West 1199.71 feet to a locust stake:
(6) South 08 degrees 37 minutes 50 seconds West, 318.91 feet to a locust stake on the
North side of Middle Country Road;
THENCE RUNNING South 86 degrees 05 minutes 00 seconds West along the North side
of Middle Country Road 200 feet to a locust stake and land now or formerly of Larry and
John Kaminski;
THENCE RUNNING along last mentioned land the following two courses and distances:
(1) North 08 degrees 37 minutes 50 seconds East, 285.33 feet to a locust stake;
(2) North 78 degrees 20 minutes 40 seconds West, 513.86 feet to a locust stake on the
East side of Rocky Point Road;
THENCE RUNNING along the East side
of Rocky Point Road North 11 degrees 41 minutes
50 seconds East, 1829.16 feet to a locust stake set in the southwest corner of land now or
formerly of Effie R. Robinson;
THENCE along last mentioned land the following two courses and distances:
(1) South 84 degrees 08 minutes 55 seconds East 165 feet to a locust stake:
(2) North 11 degrees 41 minutes 50 seconds East 132 feet to a locust stake set in the
southerly line of land now or formerly of Wallace Ruland;
THENCE along last mentioned land the following three courses and distances:
(1) South 84 degrees 08 minutes 53 seconds East, 135 04 feet to a locust stake;
(2) North 10 degrees 20 minutes 10 seconds East, 264 feet to a concrete monument;
1
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023
First American Title Insurance Company
Title Number: APS23546S
Page 2
(3) North 84 degrees 09 minutes 20 seconds West, 148.08 feet to a locust stake set in
the southeast comer of land now or formerly of Bertha Rowland;
THENCE along last mentioned land the following two courses and distances:
(1) North 09 degrees 44 minutes 30 seconds East 50 feet to a locust stake;
(2) North 84 degrees 09 minutes 20 seconds West, 150 feet to a locust stake set in the
easterly line of Rocky Point Road;
THENCE along the easterly line of Rocky Point Road the following two courses and
distances:
(1) North 09 degrees 44 minutes 30 seconds East, 82.62 feet to a locust stake along
the arc of a curve bearing to the left having a radius of 1956.94 feet a distance along
said arc of 497.15 feet to the point or place of BEGINNING.
FOR INFORMATION ONLY:
PREMISES: Rocky Point Road aka Middle Country Road, Rocky Point, NY 11778 (Vacant
Land)
District 0200 Section 378.00 Block 02.00 Lot 033.004 (Vacant Land)
2
Preview
FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023 EXHIBIT D FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023 Record and Return: The Wheatley Harbor, LLC 7 Ingram Court Smithtown, New York 11787 ASSIGNMENT OF MORTGAGE The Wheatley Harbor, LLC, having an address of 7 Ingram Court, Smithtown, New York 11787 and The Gross Family Holdings, LLC having an address of 45 Harbor Road, sands Point, NY 11050 ("Assignor"), in consideration of ten and 00/100 ($10.00) Dollars and other good and valuable consideration paid by: Thomas Newman, an individual having an address of 1315 West Main Street, Riverhead, NY 11901 ("Assignee"), hereby releases and assigns unto Assignee, that certain Mortgage made by Sandy Hills LLC given to Thomas Newman to secure payment of the sum of $603,381.50 Dollars and interest, dated April 27, 2017 and recorded on May 15, 2017, in the Office of the Suffolk County Clerk in Liber 22817 Page 664, which Mortgage was assigned by Collateral Assignment of Mortgage from Assignee to Assignor on August 5, 2020, which assignment was executed on August 5, 2020 and recorded on recorded on May 15, 2017, in the Office of the Suffolk County Clerk in Liber 22817 Page 664 covering premises Rocky Point Road aka Middle Country Road, Rocky Point, NY 11778 Tax ID Dist. 0200 Sec. 378.00 Block 02.00 Lot 033.004 (Vacant: SEE EXHIBIT A, ATTACHED, FOR LEGAL DESCRIPTION Together with the bond or obligation described in said Mortgage and the moneys due to grow due thereon with interest. TO HAVE AND TO HOLD, the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee forever. This Assignment is not subject to the requirements of Section 275 of the Real Property Law because it is an assignment within the secondary mortgage market. This Assignment is made to and accepted by Assignee without warranty or representation on the part of the assignor and without recourse to the assignor in any event whatsoever. [SIGNATURE PAGE FOLLOWS] 252540/269-7088736.2 FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023 TNWITNESS WHEREOF, the Assignor has duly executed this Assignment as of December 4, 2023. The Wheatle Harbor, LLC By: (+me: Jared Kaplan Title: Special Member The Gross Family Holdings, LLC By: C-Name: Jared Kaplan Title: Special Member STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) 4th On the day of December in the year 2023, before me, the undersigned, personally appeared Jared Kaplan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the 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. Harlan L. Levine Notary Public, State of New York NOTARY PUBLIC Reg. No. 02LE5024039 Qualified in Nassau County Commission Expires 11/02/20 STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) 45 On the day of December in the year 2023, before me, the undersigned, personally appeared Jared Kaplan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the 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. Harlan L. Levine Notary Public, State of New York NOTARY PUBLIC Reg. No. 02LE5024039 QUnlified in Nassau County C@mmission Expires 11/02/20 2 6 FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023 First American Title Insurance Company Title Number: APS23546S Page 1 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Middle Island, Town of Brookhaven, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument at the corner formed by the intersection of the southerly side of Bailey Road with the easterly side of Rocky Point Road; THENCE RUNNING South 66 degrees 26 minutes 40 seconds East along the South side of Bailey Road and passing through a concrete monument on the South side of said road 747.09 feet to a locust stake set in the northwest comer of land now or formerly of Van Home; THENCE RUNNING along last mentioned land the following courses and distances: (1) South 09 degrees 26 minutes 20 seconds West, 129.99 feet to a locust stake: (2) South 12 degrees 52 minutes 40 seconds West, 499.99 feet to a locust stake: (3) South 10 degrees 31 minutes 20 seconds West, 775.09 feet to a locust stake: (4) South 89 degrees 50 minutes 10 seconds West, 16.50 feet to a locust stake: (5) South 08 degrees 28 minutes 42 seconds West 1199.71 feet to a locust stake: (6) South 08 degrees 37 minutes 50 seconds West, 318.91 feet to a locust stake on the North side of Middle Country Road; THENCE RUNNING South 86 degrees 05 minutes 00 seconds West along the North side of Middle Country Road 200 feet to a locust stake and land now or formerly of Larry and John Kaminski; THENCE RUNNING along last mentioned land the following two courses and distances: (1) North 08 degrees 37 minutes 50 seconds East, 285.33 feet to a locust stake; (2) North 78 degrees 20 minutes 40 seconds West, 513.86 feet to a locust stake on the East side of Rocky Point Road; THENCE RUNNING along the East side of Rocky Point Road North 11 degrees 41 minutes 50 seconds East, 1829.16 feet to a locust stake set in the southwest corner of land now or formerly of Effie R. Robinson; THENCE along last mentioned land the following two courses and distances: (1) South 84 degrees 08 minutes 55 seconds East 165 feet to a locust stake: (2) North 11 degrees 41 minutes 50 seconds East 132 feet to a locust stake set in the southerly line of land now or formerly of Wallace Ruland; THENCE along last mentioned land the following three courses and distances: (1) South 84 degrees 08 minutes 53 seconds East, 135 04 feet to a locust stake; (2) North 10 degrees 20 minutes 10 seconds East, 264 feet to a concrete monument; 1 FILED: SUFFOLK COUNTY CLERK 12/05/2023 03:32 PM INDEX NO. 614442/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/05/2023 First American Title Insurance Company Title Number: APS23546S Page 2 (3) North 84 degrees 09 minutes 20 seconds West, 148.08 feet to a locust stake set in the southeast comer of land now or formerly of Bertha Rowland; THENCE along last mentioned land the following two courses and distances: (1) North 09 degrees 44 minutes 30 seconds East 50 feet to a locust stake; (2) North 84 degrees 09 minutes 20 seconds West, 150 feet to a locust stake set in the easterly line of Rocky Point Road; THENCE along the easterly line of Rocky Point Road the following two courses and distances: (1) North 09 degrees 44 minutes 30 seconds East, 82.62 feet to a locust stake along the arc of a curve bearing to the left having a radius of 1956.94 feet a distance along said arc of 497.15 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: PREMISES: Rocky Point Road aka Middle Country Road, Rocky Point, NY 11778 (Vacant Land) District 0200 Section 378.00 Block 02.00 Lot 033.004 (Vacant Land) 2