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12--05-2014 & 01 2 56a
i1ASSACHUSETT5 STATE EXCISE TAX
BARNSTABLE C0UNTY REGISTRY OF DEEDS
QUITCLAIM -DEED Dvtte: 12-05-2014 a 01:56am
CtlL3 q61 DnC01 56415
Fuse: $11316.70 Cons: $395000.00
Site #30676
KNOW ALL MEN BY THESE PRESENTS, that LEEMILT'S PETROLEUM, INC., a New York
corporation, with an address at Two Jericho Plaza, Wing C, Suite 110, Jericho, New York
11753, hereinafter referred to as "Grantor", for consideration of Three Hundred Eighty
Five Thousand ($385,000.00) DOLLARS, paid by Elie Bassil and Rabih Bassil, as Trustees
of the Bassil Brothers United Trust, under Declaration of Trust establishing the Bassil Brothers
United Trust dated November 19.2014, a Certificate of Trustee of which will be recorded
concurrently herewith with the Barnstable County Registry of Deeds Office, with an address at
8A Headwater Drive, West Yarmouth, MA 02673, hereinafter referred to as "Grantee", the
receipt whereof it does hereby acknowledge, does hereby GRANT TO with QUITCLAIM
COVENANTS unto the said Grantee, its successors and assigns forever, ALL THAT
CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Yarmouth (South), County of
Barnstable, Commonwealth of Massachusetts, as described in Schedule A attached hereto
(the "Premises").
Said Premises are conveyed SUBJECT TO the following:
1. Zoning regulations and ordinances and building restrictions and regulations
of record.
2. All assessments, costs and charges for any and all municipal improvements
affecting or benefiting said premises.
3. Covenants, easements and restrictions of record.
4. Real estate taxes assessed for the current fiscal period and thereafter which
are not yet due and payable, which Grantee hereby assumes and agrees to
pay.
5. All existing leases and tenancies, if any.
6. Any state of fact an accurate survey may disclose.
7. Decision of Town of Yarmouth Board of Appeals dated June 5, 1996 recorded
in Book 10248 Page 252.
8. Decision of Town of Yarmouth Board of Appeals dated March 16, 1999
recorded in Book 12263 Page 22.
The following are definitions for capitalized terms used herein and not defined
when first used:
(a) "Closure" means either of the following: (A) written notice from the
appropriate Government Agency or a Licensed Site Professional, as
applicable, that state -specific regulatory closure in accordance with
Bk 28552 Pg43 #56415
petroleum -related products customarily associated with service
stations.
Co "Government Agency" means any federal, state, county or local
agency, department, bureau or other entity or instrumentality with
regulatory or enforcement authority over the Premises pursuant to
Environmental Laws, including the power to regulate the installation,
operation and/or removal of underground storage tanks and/or the
reporting, assessment, investigation and/or Remediation.
(g) "Grantor Notice Period" means the period from the date hereof until
the date that is two (2) years after the later of (i) the Remediation
Completion Date, and (ii) the date that all USTs are removed from the
Premises.
(h) "Grantor Pre -Existing Unknown Contamination" means Pre -
Existing Unknown Contamination discovered within five (S) years of
the date hereof which was not discovered as a result of a Voluntary
Site Investigation by or on behalf of Grantee and that pursuant to
Environmental Laws requires Remediation, (if any).
(i) "Hazardous Substance" or "Hazardous Substances" means any
substance, material, chemical, waste, product, by-product, co -product,
derivative, compound, mixture, solid, liquid, mineral or gas, in each
case whether naturally occurring or man-made, that is hazardous,
acutely hazardous, toxic or words of similar import or regulatory
effect under Environmental Laws or that is listed, classified, or
regulated pursuant to any Environmental Laws, including any
hydrocarbon, petroleum product or by-product, asbestos -containing
material, lead -containing paint or plumbing, polychlorinated
biphenyls, electromagnetic fields, microwave transmission,
radioactive materials or radon.
[�) "Licensed Site Professional' means an individual or entity licensed
or otherwise granted authority by a Government Agency in
accordance with applicable Environmental Laws to oversee and
approve Remediation and/or to issue Environmental Permits or
notices of Closure, including, but not limited to, a Licensed
Environmental Professional (i.e. Connecticut) a Licensed Site
Professional (i.e. Massachusetts) or a Licensed Site Remediation
Professional (i.e. New jersey).
(k) "PLLI Policy" means a policy of Pollution Legal Liability Insurance on
terms substantially the same as those set forth on Schedule 1
attached hereto. All PLLI Policies and any continuations thereof shall
name Grantor and any of its affiliates, designees or assignees as an
Bk 28552 Pg45 #56415
SUBJECT TO Grantee's covenant on behalf of itself, its successors and assigns
to be responsible, at its sole cost and expense, in connection with any
development of the Premises, for (A) the installation of an impervious vapor
barrier and other foundation seals under any foundation laid as part of such
development, as are customary in accordance with best practices in
construction and building development at such time, and (B) the removal
and disposal of any and all contaminated soil, surface water or groundwater
discovered by Grantee (such soil removal and disposal to be conducted using
low level thermal desorption and otherwise carried out in accordance with
applicable laws) (collectively "Development Obligations").
SUBJECT TO Grantee's covenant on behalf of itself, its successors and assigns
to provide Grantor with reasonable prior written notice of any excavation
work at the Premises in order to allow Grantor an opportunity to be present.
SUBJECT TO Grantee's covenant on behalf of itself, its successors and assigns
to provide Grantor with five (5) days prior written notice of any replacement,
removal, abandonment, repairs or other changes (collectively "Changes")
that Grantee plans to make to any USTs if such Changes are to be made
within the Grantor Notice Period. Such notice shall include, without
limitation, a description of the proposed Changes to the USTs, detailing the
number of USTs removed, replaced, abandoned -in -place and installed, the
capacity of each UST, the location of each UST, the construction of all USTs
(i.e., double -walled, fiberglass, steel) and all other material components of
the USTs proposed to be changed. Prior to removing all or any of the USTs,
Grantee will give Grantor at least five (5) days prior written notice in order
to allow Grantor an opportunity to be present at such tank removal. if
Grantee conducts any Changes to the USTs, but fails to give Grantor prior
written notice of such conduct as required under this paragraph, then,
without limitation to any other right or remedy available to Grantor with
respect to such breach, any Pre -Existing Unknown Contamination discovered
as a result of such Changes shall conclusively be deemed Contamination for
which Grantee is solely responsible. Grantee shall be required to remove
each of the USTs upon the earlier to occur of (i) when such UST reaches 35
years old, and (ii) when Environmental laws so require.
SUBJECT TO Grantee's covenant on behalf of itself, its successors and assigns
to defend, indemnify and hold the Grantor and its parent and affiliated
companies and their successors and assigns harmless from and against all
claims, actions, Iosses, demands, judgments, damages or liabilities (including,
without limitation, reasonable attorneys' fees, costs and disbursements),
injuries, fines, payments, administrative orders, consent agreements,
penalties, costs and expenses of any kind whatsoever brought (i) with
respect to any and all environmental conditions and/or Contamination on,
under, migrating to or from or related to the Premises, including, without
limitation, claims asserted by any and all former owners of the Premises, and
Bk 28552 Pg47 #56415
terms substantially the same as those set forth on Schedule 1 until the end of
the PLLI Period.
SUBJECT TO: a license in favor of Grantor and its successors and assigns and
its designees and their respective employees, agents, and/or contractors to
access the Premises, in order to Remediate Grantor Pre -Existing Unknown
Contamination for such time as is required by Grantor to meet its
Remediation obligations, including access necessary in connection with
institutional controls and engineering controls. Such access shall include the
right to conduct tests, take groundwater or soil samples, excavate, remove,
dispose of, and treat the soil and groundwater, and undertake other actions
as are, in Grantor's sole discretion, necessary to meet its Remediation
obligations. Grantee agrees that it shall not disturb or tamper with or allow
to be disturbed or tampered with any equipment, machinery, or other
property of any kind, including, without limitation, monitoring wells, located
on the Premises and installed or used in connection with Grantor's
Remediation. Grantee further agrees that any cost or expense to repair or
replace Grantor's monitoring wells or Remediation equipment other than for
reasonable wear and tear shall be the responsibility of Grantee and Grantee
agrees to indemnify, defend and hold Grantor harmless for any damage done
to Grantor's monitoring wells or Remediation equipment by Grantee, its
employees, consultants, licensees, invitees and agents.
These foregoing covenants, license and use restrictions shall bind Grantee, its
successors and assigns, and any subsequent purchasers or owners of the
Premises and the Premises itself, and shall be deemed covenants running
with the land and each portion thereof.
TOGETHER with all and singular the ways, easements, rights, privileges and appurtenances
to the same belonging or, in anywise appertaining, and all the estate, right, title, interests
and claim, either at law or in equity, or otherwise however, of the said Grantor of, in, to or
out of said land and Premises.
For Grantor's title see Massachusetts Quit Claim Deed from JEMS of New England, Inc.,
dated April 28, 2003 and filed with the Barnstable County Registry of Deeds at Book 16905,
Page 230.
This conveyance does not constitute the sale or transfer of all or substantially all of the
Grantor's assets within the Commonwealth of Massachusetts.
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Bk 28552 Pg49 #56415
LEGAL DESCRIPTION
Property AAdreu, 1308 State Higbway (Route 28)
City, State; SNAMODU4 Masraebu"UN
Coualy: Varnstablo
A certain parcel of land, together with any buildings thereon, situated in Yarmouth
(South), Barnstable County, Massachusetts bounded and described as follows:
SOUTHWESTERLY by the State Mghway as shown on the hereinafter
mentioned plan,160 feet;
NORTHWESTERLY by land now or formerly of the Mothodist Cemetery as
shown on said plan, 296.47 feet;
EASTERLY by Parcel 1 as shown on said plan, 239.99 feet.
Containing 19,200 Square feet, more or less and being Parcel 2 as shown on a plan
entitled "Traced from Plmi Drawn by Allan Beale Titled Plan of Land of Henry L.
Murphy & Louis A. Byrne.Situated in S. Yarmouth, Maas Scale I`°--40' March 1940
Revised January 27, 1958 William A. Kelly — Engineer Yarnoutbport, MA" which plan
is recorded with the Barnstable County RegistryofDeeds at Plan Book 14), Page 37.
Bk 28552 Pg51 #56415
SCHEDULE 2
DESCRIPTION OF USTS
rapacity I Year Installed Tune
10,000 9/1/96 Double Walled Fiberglass
Reinforced Plastic
8,000 9/1/96 Double Walled Fiberglass
Reinforced Plastic
6,000 9/1/96 Double Walled Fiberglass
Reinforced Plastic
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
Interwoven14145940.5