Title Documents submission

8k5715P60179 WITNESSETH: WHEREAS, the said Llewellyn S. Haskell was, on February 28, 1857, A.D seized, in fee simple, of a certain tract or parcel of land and premises, situate, lying and being in the said township of Orange, hereinafter particularly described, and laid down on a certain map, entitled "A MAP OF LLEWELLYN PARK, IN ORANGE, ESSEX COUNTY, NEW JERSEY," consisting of the Rambles and other lands and filed in the office of the Clerk of the said County of Essex (now the Register of the County of Essex), on February 28, 1857 A.D., and also described in that certain Indenture made on the Twenty-eighth day of February A.D., eighteen hundred and fifty-seven and recorded on said date in the office of the Register of the County of Essex at Book C10 of Deeds for the said County on pages 293 to 315 (Such land is referred to herein as the "Original Park" and such Indenture is referred to herein as the "Deed of Trust"); WHEREAS, the Original Park is now located in the Township of West Orange, WHEREAS, the said Llewellyn S$. Hasketi proposed to and did devote the Original Park, with its appurtenances, to the purposes of a private pleasure ground, under and by the name of LLEWELLYN PARK, which has been and will be, at all times thereafter and hereafter, used and enjoyed by certain persons who were or are now, or may hereafter become, the owners or occupants of certain other lands and premises in the said Township of West Orange;

3k5715°60180 WHEREAS, the manner and the terms of such use and enjoyment were set forth in the Deed of Trust; WHEREAS, the said Llewellyn S. Haskell was also seized, in fee simple, of certain other tracts or parcels of land and premises situate, lying and being in the vicinity of the said Llewellyn Park, as same are described in the Deed of Trust; WHEREAS, Charles Harrison, of the said township of Orange, by a certain instrument in writing, bearing date on the first day of January, A.D. eighteen hundred and fifty-seven, for a certain consideration therein mentioned, did covenant and grant to and with the said Llewellyn S. Haskell, his heirs and assigns, that it should and might, forever thereafter, be lawful for him or them, or any or either of them, having the right to the use and enjoyment of the said Llewellyn Park, and for his and their respective families, tenants, agents and servants, at his and their will and pleasure, by day and by night, for all purposes whatsoever, and as well on foot as with horses, cattle and vehicles, to pass and repass over and through the lands and premises of him, the said Harrison, situate, lying and being on the easterly side of the First Mountain, or "Eagle Ridge,” in the said township of Orange, by the two ways or avenues, of fifty feet in width, particularly described in the Deed of Trust, WHEREAS, in and by a certain article of agreement in writing, made between the said Llewellyn S. Haskell and Charles Harrison, of the said township .of Orange, bearing date on the first day of May, A.D. eighteen hundred and fifty-six, the said Llewellyn S. Haskell, in consideration of the sum of One Dollar to him in hand paid, and of the conveyance, that day, made to him by the said Harrison, of a certain tract or 3

parcel of !and and premises, situate, lying and being in the said township of Orange, known as the "Ravine Lot," and of which a certain portion is included within the bounds of the said Llewellyn Park, did covenant and grant to and with the said Harrison, his heirs and assigns, that he, the said Harrison, and his heirs, so long and for such time as any part thereof, shall and may have the right and privilege of watering his or their he or they shall reside on the land adjoining and bordering upon the said Ravine Lot, or | horses and cattle, at and from the brook which flows through the same, and, also, of | passing and repassing, with his or their family or families, agents, servants, horses, cattle ._ and vehicles of every kind, across the same, at or near the westerly end thereof, in such manner as to work as little injury and inconvenience as possible to the said Haskell, his heirs or assigns; and, also, that he, the said Harrison, and his heirs, so long and for such time as he or they reside upon the adjacent land and premises now owned and occupied ' by him, or any part thereof, shall and may have the right and privilege of drawing from the brook aforesaid, at any point therein eastward of the stone quarry, NOW opened, and | through a pipe not exceeding the diameter of one-half of an inch, so much water as may be required for the family wants of his and their family or families, and also, the right and privilege of using and enjoying the said Llewellyn Park for the purposes of a private : pleasure ground, without charge or, assessment of any kind whatsoever, but otherwise subject to ali the rules, conditions and regulations which may, at any time hereafter, be imposed upon the other persons having the right to use and enjoy the said Park for the \ like purposes, and, furthermore, that the purchaser or purchasers of any villa-site or i sites, of at least one acre in extent, out of the said adjacent land and premises of the said . | Harrison, and the heirs and assigns of such purchaser or purchasers, with his, her or their | i | respective family or families, being the occupants of the said site or sites, shall and may severally have the right to use and enjoy the said Park for the purposes aforesaid, subject j 4 | |

845715?60) 82 "to the rules, conditions and regulations aforesaid, upon his, her or their severally paying to the said Haskell, his heirs or assigns, having the legal title to the said Park, the sum of One Hundred Dollars, at the outset, for each and every acre contained in such site or sites, and, annually thereafter, such sum of money, not exceeding Ten Dollars per acre, as aforesaid, and at the same rates for any fractional part of an acre, as may, from time to time, be assessed upon the other persons having the right to use and enjoy the said Park for the like purposes; WHEREAS, Caleb Harrison Condit, and Eleanor F., his wife, by deed bearing date on the first day of January, A.D. eighteen hundred and fifty seven, did convey to the said Llewellyn S. Haskell, his heirs and assigns, a certain tract or parcel of land and premises, situate, lying and being in the said township of Orange, whereof a certain portion is included within the limits of the said Llewellyn Park reserving for himself, the said Condit, his heirs and assigns, the right to place a water-ram in the brook which flows through said premises, at any point therein, and at any time thereafter, and to draw water from the said brook, and by means of said ram, and through a pipe nor exceeding the diameter of one inch, for the domestic uses of himself, the said Condit, his heirs and assigns, and his and their respective family or families, so long as he or they occupy the adjacent land and premises now belonging to him; and reserving, also, for himself, the said Condit, and for Phebe Harrison and Joel W, Condit, and each of them, their heirs and assigns, and their respective families, tenants, agents and servants, the right of passing and repassing between their respective lands and the said Valley Road, at all times, and for all purposes whatsoever, whether on foot, or with horses, cattle and vehicles, over and through the said land and premises, by a road or avenue, known as Tulip Avenue, upon the single condition, that each lot-owner or tenant enjoying the said 5

8k571 5760183 right shall pay to the said Haskell, his heirs or assigns, having the legal title to the said Park, the sum of Five Dollars annually, as a means of keeping the said road in good condition and repair; WHEREAS, the said Liewellyn §. Haskell and Mary Anna, his wife, by their certain deed of conveyance, bearing date on the second day of December, A.D. eighteen hundred and fifty-six, and recorded in Book A 10 of Deeds for the said county of Essex, on pages 389-91, did convey unto one Margaret Williams of the said township of Orange, and to her heirs and assigns forever, a certain tract or parcel of land and premises, situate, lying and being on the westerly side of Vailey Road, in the said township of Orange, and containing one acre of land, more or less, as by reference to the said deed of conveyance, and the said record thereof, will more fully and at large appear; WHEREAS, the term “Llewellyn Park” is now commonly used to refer both H to Llewellyn Park as established under the Deed of Trust and the Benefitted Lands (as hereinafter defined), but is used herein solely to refer to the lands held by the Trustees of Llewellyn Park under the Deed of Trust and not the Benefitted Lands; WHEREAS, the parties hereto agree that changes in time and circumstances have made it both necessary and desirable to make certain changes in the terms of the use and enjoyment of Llewellyn Pack and in certain other terms of the Deed of Trust to permit the continued benefits intended by said Llewellyn S. Haskell to inure to the Proprietors of the Trust established by the Deed of Trust, as such parties are further defined in this First Amendment to Indenture, | 6 ' f i i f { i : i | ! . ‘ 5 i

BKOT1SP6OL 8h WHEREAS, this First Amendment to Indenture has been adopted by the parties hereto and ordered by the Superior Court of New Jersey to take effect as a ' | refurmation of a Deed of Trust and to be binding upon and inure to the benefit of the Trustees, the Committee of Managers and all Proprietors (as hereinafter defined), and all other parties having rights, privileges or obligations of any nature whatsoever, if any, ‘ under the Deed of Trust and each of their respective successors, heirs, devisees and assigns; NOW THEREFORE, THIS FIRST AMENDMENT TO INDENTURE WITNESSETH THAT THE DEED OF TRUST IS HEREBY AMENDED TO PROVIDE: . FIRST. THAT the Trustees shall hold (i) that certain tract and parcel of land located in the Township of West Orange, County of Essex, State of New Jersey, commonly referred to as The Rambles and more particularly described on Exhibit C : attached hereto and made a part hereof, together with all improvements thereon and appurtenances thereto, (ii) those certain other jands owned by the Trustees of Llewellyn Park constituting certain tracts and parcels of land currently available for use as roads and/or other common areas by the Proprietors of Llewellyn Park as such additional lands are more particularly described on Exhibit D attached hereto and made a part hereof, together with all improvements thereon and appurtenances thereto, and (iii) such other lands as may be acquired by the Trustees for the use and benefit of the Proprietors of Llewellyn Park in the manner set forth herein or as otherwise legally permissible, i : together with all improvements thereon and appurtenances thereto, as joint tenants with i | a! rights of survivorship and not as tenants in common, for the uses and purposes and in 4 7

8KS715P60| 85 accordance with the terms and conditions of the Deed of Trust as amended by this First Amendment to Indenture (all of the land, improvements and appurtenances so held by the Trustees are collectively referred to herein as "Llewellyn Park") The description of Llewellyn Park set forth in Exhibits C and D shail replace all prior descriptions of same and the lands described in Exhibits C and D and the improvements thereon and appurtenances thereto shall hereafter be known as Llewellyn Park. In accordance with the Deed of Trust, the lands underlying certain roads constitutes Benefitted Land and not Llewellyn Park and nothing in this First Amendment and the Indenture purports to or shail change the ownership of such tands or the existing rights of Proprietors to utilize same. SECOND: THAT only the Proprietors of those certain tracts and parcels of land located in the Township of West Orange and more particularly described on Exhibit E attached hereto and made a part hereof (such lands are referred to herein as the “Benefitted Lands") shall have any rights or obligations under the Deed of Trust and this First Amendment to Indenture, that no Parties shall have any interest in Llewellyn Park other than the Proprietors, the Trustees, the Committee of Managers and such other parties as have interests in Llewellyn Park {such as holders of easements) established by a writing recorded in the Essex County Register's Office and that any and all other parties shall be forever barred, estopped and foreclosed from asserting or claiming any tights in or to Llewellyn Park. A "Proprietor" is hereby defined as the record title holder of Benefitted Lands (as hereinafter defined), provided however, the rights and privileges of a Proprietor as set forth herein (including, without fimitation, the right to vote and to serve as a Trustee or a member of the Committee of Managers), may be delegated to (a) in the case such Benefitted Lands owned of record by a corporation, partnership or i i

8k5715?601 86 A "{imited lability company (an "Entity"), any natural person or any two natural persons designated in writing to the Trustees by such Entity which natural person(s) holds a direct or indirect ownership interest in such Entity and resides on the Benefitted Lands owned by such Entity, or, if no person qualifies under the above conditions, any natura! person or any two natural persons designated in writing by such Entity, (b) in the case of Benefitted Lands owned of record by a trust, any natural person or any two natural | persons who is a trustee or a trust beneficiary and is designated in writing by the trustees of the trust to the Trustees, which natural person(s) resides on the Benefitted Lands owned by such trust, or, if no person qualifies under the above conditions, any natural i person or any two natural persons designated in writing by the trustees of such trust, (c) in the case of Benefitted Lands owned of record by a governmental entity, any natural person employed by that governmental entity and designated in writing by such governmental entity, or (d) in the case of Benefitted Lands owned of record in part by any party that is not a natural person or in whole or in part by a form of entity not | described above, a natural person or any two natural persons actually residing on the Benefitted Lands so owned and having a direct or indirect beneficial ownership or its equivalent in the Benefitted Lands, or, if no person qualifies under the above conditions, any natural person or any two natural persons designated in writing by such entity. The i Proprietors are coltectively referred to as the "Proprietors”. Any desigee to whom rights are delegated pursuant to this Paragraph Second shall continue to have the right to exercise such rights until the designation is rescinded in writing by the Proprietor granting same and a copy of said writing is delivered to the Committee of Managers. . THIRD: THAT the Trustees and the Proprietors shall hold their respective estates in full conformity with alt applicable federal, state, county, municipal 9

8K5715P60187 and other governmental laws, statutes, ordinances, rules and regulations, including, but not limited to those governing the use of the lands, improvements and appurtenances held respectively by the Trustees and the Proprietors, subject to enforcement by appropriate governmental authorities, and in full conformity with all restrictions contained in the original Deed of Trust. FOURTH: THAT there shall be three Trustees at all times Each Trustee shall be a Proprietor or a person over the age of eighteen (18) years whose primary residence is located on any Benefitted Lands and whose primary residence shail have been located on any Benefitted Lands for no less than five (5) years at the time of appointment as a Trustee. Each Trustee shall be appointed for a twelve (12) year tern and may be appointed for successive terms, except that Charles Segal shail serve a term that shall expire four years (4) from entry of the Order attached hereto as Exhibit B, Bernard Berkowitz shall serve a term that shall expire eight years (8) from entry of the Order attached hereto as Exhibit B, and Charles Stanziale shall serve a term that shall expire twelve years (12) from entry of the Order attached hereto as Exhibit B. Each Trustee, other than the Trustees named herein who shall serve for the terms set forth herein, shall be appointed by the Committee of Managers (as hereinafter defined) and approved by the Proprietors In the event that any Trustee shall die, resign or become incapable, in the unanimous opinion of the Committee of Managers, of fully serving as Trustee hereunder for reasons of ill health of any nature, the Committee of Managers shall, as promptly as practicable, and in any event within one hundred and eighty (180) days after the death, resignation or finding of incapacity by the Committee of Managers, appoint a replacement Trustee who shall serve for the remainder of the term of the Trustee so replaced, subject, however, to the approval of the Proprietors at the next 10 | H 1

reat 8k5715°60188 » regular annual Proprietors meeting. If such replacement Trustee is not so approved by the Proprietors, such appointment shall end and the Committee of Managers shall appoint another replacement Trustee as aforesaid. FIFTH: THAT there shall be a Committee of Managers composed of 9) members (each member of the Committee of Managers is referred to herein as a Each nine ( "Manager" and the Managers are collectively referred to as the "Managers"). Manager shall be a Proprietor or the spouse of a Proprietor and shall be a natural person over the age of eighteen (18) years whose primary residence is located on any Benefitted Lands and whose primary residence shalt have been located on any Benefitted Lands for no less than five (5) years at the time of election as a Manager. Each Manager shall be elected at the Annual Meeting of Proprietors by a vote of the Proprietors. Each Manager shall be elected for a three (3) year term and may be elected for as many terms as the Proprietors may desire, provided, however, that no Manager shall serve as a Manager for more than three consecutive terms. The Managers shall be divided into three classes of three Managers each, so that one third of the Managers are elected in any year. At the first regular annual meeting of Proprietors after this First Amendment takes effect, the Proprietors shall elect three (3) Managers whose terms shall be for one (1) year, three (3) Managers whose terms shall be for two (2) years and three (3) Managers whose terms shall be for three (3) years. Thereafter, Managers shall be elected to three (3) year terms, At each regular annual meeting of the Proprietors, the Proprietors shall elect one Manager (whether then elected to a new term or in the process serving a term that continues until at least the next annual meeting) to serve as the Chairman of the Committee of Managers and such Manager shall serve as Chairman until the earlier of the date upon which a new Chairman shall be elected or until the Chairman shall cease to be iw