Loading...
HomeMy WebLinkAboutMiscellaneous - 90 SAUNDERS STREET 4/30/2018171 k+ 4 S.voUI Lr E 5 % ✓ c �� 1 � I � �� � ," �� -�v 1� � � / � � � �h ,- � � Com, -/ ,_� r �^ l COMMONWEALTH OF MASSACHUSETTS ESSEX, ss: ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS and the TOWN OF NORTH ANDOVER Petitioners, V. PETER E. MOSES, as owner of the property located at 88-90 Saunders Street, North Andover, Massachusetts, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-5CB, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property 9-9U au r6r3 �. HOUSING COURT DEPARTMENT NORTHEAST DIVISION Civil Action. No. 13 -CV -0246 STIPULATION OF DISMISSAL WITHOUT PREJUDICE AND WITHOUT COSTS Pursuant to Massachusetts Rule of Civil Procedure 41(a)(1)(ii), the parties stipulate to dismiss this action without prejudice and without costs. The Petitioners originally filed this action on October 29, 2013, alleging violations of the Massachusetts Sanitary Code, 105 CMR 410 et seq., and requesting that the court appoint a receiver for the vacant property located at 88-90 Saunders Street, North Andover, Massachusetts (the "Property"). Petitioners state that on June 5, 2015, the court allowed the Motion to Discharge the Receiver. 1 r .s WHEREFORE, the parties respectfully request that this Honorable Court dismiss the above -captioned action pursuant to Rule 41(a)(1)(ii) without prejudice and without costs. Respectfully submitted, MAURA HEALEY ATTORNEY GENERAL By her Attorney Abigail) Fee, B130# 687474 Assistant Attorney General One Ashburton Place Boston, MA 02108 (617) 963-2216 abigail.fee@state.ma.us BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK By its Attorney of Record Kurt R. McHugh, Esq., BBO # 654835 Harmon Law Offices, P.C. 150 California Street Newton, MA 02458 (617) 558-8435 kmehugh@hannonlaw.com Dated: Junei � , 2015 2 TOWN OF NORTH ANDOVER By its Attorney of Record r� ff r homas J. Urbelis, Esq., 8BO#5065601 Carol HaJar McGravey BBO# 334640 Urbelis & Fieldsteel LLP 155 Federal Street Boston, MA 02110 (617) 338-2200 * . 16 CERTIFICATE OF SERVICE I, Abigail Fee, Assistant Attorney General, hereby certify that I have this day, June 2015, served the foregoing documents upon the following via first class mail: Thomas J. Urbelis, Esq. Urbelis & Fieldsteel LLP 155 Federal Street Boston, MA 02110 Peter E. Moses 130 Haven Street Dedham, MA 02026 Kurt McHugh, Esq, Harmon Law Offices, P.C. 150 California Street Newton, MA 02458 Abigail\,Fee V Assistant Attorney General 3 F v COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, w� RECI WED JUN 3 0 2014 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION TO FORECLOSE ON LIEN NOW COMES City Light Homes, LLC, the Court Appointed Receiver for 88-90 Saunders Street, North Andover, Massachusetts in this matter and hereby requests that this Honorable Court allow the Receiver to foreclose on the lien issued pursuant to M.G.L. c. 111, Sec. 127 (1). WHEREFORE, the Receiver requests that this Honorable Court allow the Receiver to foreclose on the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I). on January 31, 2014. City Light Homes, LLC Receiver By its rn Jam ' Cote to Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. \ PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION FOR APPROVAL TO DISBURSE EXCESS PROCEEDS NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to disburse excess proceeds from the sale of the subject property, 88-90 Saunders Street, North Andover, Massachusetts, to the first lien holder described above. City Light Homes, LLC Receiver By its attorney-' James M. e Cote Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 iql COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION TO APPOINT SOUHLERIS REALTY TO SELL REAL ESTATE FOR THE RECEIVER, CITY LIGHT HOMES, LLC AT PRIVATE SALE NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to hire Souhleris Real Estate, a licensed real estate broker in Massachusetts, to list and sell the subject property, 88-90 Saunders Street, North Andover, Massachusetts, through the MLS (multiple listing service). City Light Homes, Receiver By its attourey/ James M?Cote Cote Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION FOR APPROVAL OF PRIVATE SALE, PURCHASE AND SALE AGREEMENT AND DEED NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to sell the subject property, 88-90 Saunders Street, North Andover, Massachusetts, at .private sale to Michael J. Papa for $375,000.00 per the attached P&S and for approval of the deed to the subject properly attached hereto. City Light Homes, LLC Receiver By its attorn James M e Cote L w Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a parry, with an interest in the property, C n Respondents ps MOTION TO APPROVE AMENDED FINAL ACCOUNT NOW COMES City Light Homes, LLC, the Receiver in this matter and hereby requests that this Honorable Court approve its amended final account, attached hereto as Exhibit A, for the renovation/rehabilitation of the building located at 88-90 Saunders Street, North Andover, Massachusetts in the amount of $253,292.29. In support hereof the Receiver submits its bills which contain all expenses, disbursements, receipts and accountings for the amended amount. WHEREFORE, the Receiver requests that this Honorable Court approve the amended final account in the amount of $253,292.29. City Light Homes, LLC Receiver By its attorney ,. James M. C e Cote Law iss 246 Andover S Peabody, MA 01960 (978) 278-5850 BBO No. 557178 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF.NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interust in the property, Respondents After notice and Hearing, this Honorable Court makes the following Order: 1. The Receiver is authorized to foreclose on the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I) on January 31, 2014. COMMONWEALTH OF MASSACHUSE i'TS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents After notice and Hearing, this Honorable Court makes the following Order: 1. The Court approves the sale of the real estate which is the subject of the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I) on January 31, 2014 by private sale, approves the sale of the property to Michael J. Papa for $375,000.00 per the Purchase and Sale Agreement, as may be amended, attached to the Motion and approves a Quitclaim Deed from the Receiver to Michael J. Papa for emTsidnativa VI , . J-1 lirg hisdice COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents After notice and Hearing, this Honorable Court makes the following Order: 1. The Receiver is authorized to contract with Souhleris Realty LLC to list and sell the property which is the subject of the lien issued pursuant to M.G.L. c. 111 Sec. 127 (I) on January 31, 2014. /Z ho I ,i /First Justice ( J. Ti"TWf IF S✓ «ivy COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents OF -DER After notice and Hearing, this Honorable Court makes the following Order: 1. The Court directs the Receiver to disburse all excess proceeds from the sale of the real estate which is the subject of the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I) on January 31, 2014 to the first lienholder: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICA- SERIES 2007-5CB , J. iss ,, 4A4,� `F S,1 l; vv-, -�- COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents After notice and Hearing, this Honorable Court makes the following Order: 1. The Receiver's Final Account in the amo ° "—, ved. J. L- 10ust=- I URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR MCGRAVEY OF COUNSEL e-mail chm@uf-law.com June 26, 2014 Board of Selectmen North Andover Town Hall 120 Main Street North Andover, MA 01845 Telephone 978-475-4552 Telephone 617-338-2200 Telecopier617-338-0122 RECEN JUN '3 0 2014 TOWN OF NORTH ANDOVER AA PARTMENT RE: 88-90 SAUNDERS STREET ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS AND TOWN OF NORTH ANDOVER V. PETER E. MOSES, ET AL. NORTHEAST HOUSING COURT NO. 13 -CV -0246 Dear Members: Enclosed please find copies of the Motions filed by the Receiver and the following Orders issued on June20, 2014 by Judge Timothy Sullivan of the Housing Court after allowance of the Motions: Order authorizing the Receiver to foreclose on the Receiver's Lien; 2. Order authorizing the Receiver to contract with Souhleris Realty, LLC to list and sell the property at 88-90 Saunders Street; Order approving the sale of the property at private sale by the Receiver for $375,000.00; 4. Order directing the Receiver to disburse all excess proceeds from the sale of the real estate to the first lienholder; Order approving the Receiver's Final Account in the amount of $253,292.29. Please let us know if you have any questions. s:\wp5 I \work\n-andove\corresp\selectmen.chm. itr.saundersst.docr URBELIS & FIELDSTEEL, LLP June 26, 2014 Page 2 Very truly yours, garolHajjar"Gravey CHM/kmp Enclosures cc: Andrew Maylor (w/enc) Curt Bellavance (w/enc) Susan Sawyer (w/enc) Chief Paul Gallagher (w/enc) Gerald Brown (w/enc) •r•1 ca W ca �J Y - •r•1 T \ Q 00 \ e ) / A 3 A E CD § J § B K ! ) � � ■ ■ ■ §E §\ q;§ #0, ; E R5 33 # =mom»_-o�K 3( �� 5555%3553 k 22J E F 0 01 ID(�5 3 CL las C=a-, ]mom Cl 7ƒo « �, SS .Q (\ : 0 c.` ®' <�J c « C E �Ln ; 0 § # SDw 03 ru P, P @ x ?> M �❑ -W 2 @ R X-7 §) k % ru ƒ�2 /g �w I �§ �OOO /\ \ ru E p CL % 4:a %b �( E® p # O ❑ \ ( 013 /CD ° § k 0 £ � i <§� « ) § COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents RLCE p MAY � 8 2814 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT MOTION TO APPROVE FINAL ACCOUNT NOW COMES City Light Homes, LLC, the Receiver in this matter and hereby requests that this Honorable Court approve its final account, attached hereto as Exhibit A, for the renovation/rehabilitation of the building located at 88-90 Saunders Street, North Andover, Massachusetts in the amount of $252,302.97. In support hereof the Receiver submits its bills which contain all expenses, disbursements, receipts and accountings for the amended amount. WHEREFORE, the Receiver requests that this Honorable Court approve the amended final account in the amount of $252,302.97. City Light Homes, LLC 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 Amount Received Per Loan $193,125.00 Amounts Paid Todd Donaldson Contractor $169,095.00 Closing Costs (Loan) $2920.00 Points to Lender $3862.50 Interest to Lender $13,125.00 Lauranzo Insurance $1741.00 Shutters $200.00 Home Depot $495.51 Cote Law Offices $7500.00 Title Report $155.00 Utilities $158.96 Real Estate Taxes $2500.00 Citylight OH&P (per approved budget) $31,500.00 Real Estate/Auctioneer Fee (per approved budget) $18,750.00 Recording Fees (Registry of Deeds) $300.00 TOTAL AMOUNT EXPENDED $252,302.97 5/22/14 Date Account DISBURSEMENT by Category 2/1/02 Through 5/22/14 Num Description INCOME Psds 2/21/14 Cit Conve... 10462 Todd Donaldson 2/27/14 Cit Conve... 10469 Todd Donaldson 3/10/14 Cit Conve... 10497 Todd Donaldson 3/20/14 Cit Conve... 10519 Todd Donaldson 4/7/14 Cit Conve... 10559 Todd Donaldson 4/15/14 Cit Conve... 10582 Todd Donaldson 4/24/14 Cit Conve... 10620 Todd Donaldson TOTAL Psds TOTAL INCOME OVERALL TOTAL Memo Category Cl Page 1 Sauders Psds -9,000.00 1st Draw Saunders... Psds -24,015.00 2nd Draw Saunder... Psds -17,200.00 3rd Draw Saunders... Psds -37,290.00 Saunders Psds -9,650.00 Burnham Psds -37,302.00 Saunders Street Psds -34,638.00 16z3,D-95:OII rr '` a ;OW Dad ar ERtC5i t 0 (1 ff4 �'Uvina Area -#886 Esf nw�Y {P1 CT: 8"0 $a ers Stc_e�i,' orth ndovdr, AA �w�: � R_`" .w -- -0414 /t403014 NANC'EM 0ANCE T MAEGE BAV QE 70 t $0$0$550 demo 6 $0 ! $off o... -.o-- leddee rerno t $0 $0 $0 _ $0 11001 0 - pSO fence `$0 $0.0 $0 to , $off 0 $0 SO Iwater muni at $ $0 $0 $0 $0 �4 $R "tpues Ove d _ ( $ O $0 34 _ _r.L .,. _ $ drtveway�& idewalk 1fl "$0 300-,0 loam landsca: - ._VOT 54 $0 $0 �-,•m 0 .� matron $R l _�`tY0$0. ss _ .�0 jform and �o r�foundati jfaund cert! _ `R0 lfoundadon drain and do ��roofing � Sa� �so �0 3 - �II $0 coricreie fto�rr'stabs $5,000 x,000 3v l�0; 'trimber mat ais $0 0j.. frammwia $0 $0 S01, �,.._r�.�., $0 30 $0 windows a exietror do ��$R ------ ex tenor b doors r ! 0 .0�. 0 �0 tenets to outside dec _porches, ,.. _ .� $0 $0 ' _ $0 Q 0 troofin rsiflash3ri V1 # .34W $O (! ry $0 $0 sidt»�mat� iaa sttultErs, extaint#4 $14345`- $14345 $0 0 $0 __ _ �_ �.. _r ifireplaces { 3 $0j $0 Sot $0 0'. $0 . I I mt ing T ; t # 1,375 6.7011 3 y$?a _ .; 3 0 5 . 3,876 _ _ $Ot $4 $0 $0 et _ 1. S2tEIt10 "V7,350 $3 945 3 7- $3,40 S3 A05 $3405 t���tlx sE_ .: ..� 2- $5 f©t _0 500 300 - : 5Rt1 $btlp 1 ab'n hq tr; Vis, A1C )_ $11,375 $R $10,87 ' $10, 5 -_" ___ 10 875 S�,Ogp 87,5 firrptacaS f $0i $R $pi $0� $p central voct m $0 $0 30 50 _ 0 � 0 _ A� atron o fire itto +5,51p 5,5#0 ��ifl dr sti _ - ... 4 750 0_i' x,750 $$ ,750 $4,7 0 ?ain _ ss,s'sa Sp "$s,Q st,ssR 5p $8,680 `e ssa m�atedata fo drdenor•trsm d chats I $T.202 x" $0 5,2dz _ ,2t?� g50 x,652 �3 0$2 # t1R ,door ha re: $1 ,156 1. ._5 202 rntarior firn bar X2'02 0 s 202 $T5t? 4 48 ....�....� _.,_.. � 5�4,3fJR 1 S2 tt vim} 311,650 $0 _ $ t 1,650 r $ t 1,650 $11650 $11 �85�1 sv kdtencabi ef8 van 510,400, 4 30 $#0,400 10,400` #Q,4g0 $1t1.4t3R �,Q _ ktt bad, 'c terfnps a»rte _ F $2,000 �$0 $2 000 $Z OOD 2,OQtt $2;400 ' 32l tarices aYt+{ �, st"1Cr $3,OOOi $µ $3,0Qti' �$3 0�i0 $3,000 33�pR0 __ bath room a Dries ` trrors $0 $0 $0 _ - �cl,asetsndt� she �''0 10, - .�� $0 _ ._ Y $0. re�lacerie arch an a ess' 34.200 $0 $!1,200' -4 4,X10 Ilia air mortar; _i,$50 - $1,960 $1,90 $0 -� 2Q0 2,71}0#;500 constsn n up m - - 4,WO _ $0 00 51 $00 2,5UD ire acelr $fit!1,9C10 $600 I erralts an `it 2nd Haar X18 �3d0 - 3 500 4;,84 $5,8 0 'b o �3,RfiO $2,f}00 $2,0t�1 $0 _ _ _ z _ r �... .,_ #,00Q1 $o $o $0 cor�irt i�""`�-�-•----� ��` " 4,�ap0�x SO $+t�300 � . •t1p,�.. X100 1tiA �r4, 04 I TOTALS f75, 0 M — ._ - ..-_.. _ ' .. $17200 $123,785 $7,290 SBO #95 w _ ' . $_st X50 $781845 37 302 39,W z February , 2014 Raymond C. Green, Inc., Trustee The Raymond C. Green Trust 155 Federal Street, Suite 1300 Boston, MA 02110 James M. Cote, Esq. Cote Law Offices 246 Andover Street, Suite 307 Peabody, MA 01960 [IN311190rikim.i ■�u Gentlemen: The undersigned hereby authorizes you to disburse a portion of the proceeds of your $193,125.00 loan of even date herewith as set foA,th on Schedule A attached hereto. Funds will be disbursed pursuant to the Settlement Statement of even date. City Light Homes LLC 12 David Seymour, Manager Schedule A SCHEDI1I.F OF ADVANCF A. The Raymond C. Green Trust . $ 2,362.50 (Non-refundable balance of $3,862.50 origination fee, to be paid from wire transfer in C below) B. Baker, Braverman & Barbadoro, P.C. $ 450.00 (balance legal fee net of $800.00 retainer, Prepaid by lender C above). C. James M. Cote, Esq. $2470.00 (to be paid from C above, title, legal, title fees, taxes, survey and recording fees) D. Construction Retainer $ 165,000.00 E. Repaid Interest to the Raymond C. Green Trust $13,125.00 F. Initial Advance due to Borrower after payments $9717.50 of A, B, C, D and E above 5/22/14 � INSURANCEBINDER DATE (MM/DD/YYYI') THIS BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 SIDE OF THIS FORM. 2014 AGENCY COMPANY BINDER # Lauranzano Insurance Agency USLI 107 Dodge Street DATE EFFECTIVE EXPIRATION Ti E DATE TIME X AM X 12:01 AM Bever/ MA 0AX 02/11/2014 12:01 PM 03/11/2014 NOON A/� No Ext: (978) 927-8420 _ AIC No): ( ) THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY #: AGENCY CUSTOMER ID: DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED Renovation of two-family dwelling at Citylight Homes LLC 88-90 Saunders Street 246 Andover Street North Andover MA 01845 Suite 301 Peabody MA 01960- (`M/CD A In.e TYPE OF INSURANCE PROPERTY CAUSES OF LOSS X BASIC r_1 BROAD ❑ SPEC COVERAGE/FORMS DPl with Builders Risk Endorsement DEDUCTIBLE 1,000 LIMITS COINS % AMOUNT 254,750 GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR Commercial General Liability EACH OCCURRENCE $ 1,000,000 RDAMAGETO ENTED PREMISES $ 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 - Suite 1300 Boston GENERAL AGGREGATE $ 2,000,000 RETRO DATE FOR CLAIMS MADE: / / PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ NON OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES Li SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ LANYAUTO AGGREGATE $ EXCESS LIABILITY Excess General Liability EACH OCCURRENCE $ 1,000,000 UMBRELLA FORM AGGREGATE $ 1,000,000 X OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: / / SELF-INSURED RETENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL Policy dates are February 11, 2014 to May 11, 2014. CONDITIONS/ FEES $ TAXES $ OTHER COVERAGES ESTIMATED TOTAL PREMIUM $ 11127.00 (978) 977-0300 ( ) - X MORTGAGEE ADDITIONAL INSURED LOSS PAYEE The Raymond C. Green Trust LOAN# 155 Federal Street AUTHORIZED REPRESENTATIVE - Suite 1300 Boston MA 02110- INS075 (0410) AMS IY V 1 C: ❑YIrum I AIY I J 1 A I C INrUKIVIA I I V N UN VAUt L © AGUKU GUKPURATION 1993-2004 VMP Mortgage Solutions, Inc. (800)327-0545 Page 1 of 2 po' COVFRAGFS LIMITS TYPE OF INSURANCE COVERAGE/FORMS- ACRD® INSURANCE BINDER DATE (MM/DD/YYYY) COINS % 05/01/2014 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 SIDE OF THIS FORM. AGENCY COMPANY BINDER # The Raymond C. Green Trust USLI GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FlOCCUR Lauranzano Insurance Agency Suite 1300 Boston MA 02110- EACH OCCURRENCE DATE EFFECTIVE TIME DATEXPIRATION TIME 107 Dodge Street MED EXP (Any one person) $ 5,000 PERSONAL.B ADV INJURY $ AM GENERAL AGGREGATE $ X 12:01 AM BeverlyX MA 01915- 05/11/2014 12:01 PM 08/11/2014 BODILY INJURY (Per person) $ NOON a� No Ext): ( 978) 927-8420 aC No): ) - THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #:. CODE: SUB CODE: AGENCY CUSTOMER ID: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) Renovation of two-family dwelling at INSURED Cityl.ight Homes LLC 88-90 Saunders Street 246 Andover Street north Andover MA 01845 Suite 301 AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ,Peabody MA 01960- COVFRAGFS LIMITS TYPE OF INSURANCE COVERAGE/FORMS- MORTGAGEE DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSESOFLOSS X BASIC BROAD ❑ SPEC DP1 with Builders Risk Endorsement 1,000 The Raymond C. Green Trust 254,750 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FlOCCUR Commercial General Liability RETRO DATE FOR CLAIMS MADE: / / Suite 1300 Boston MA 02110- EACH OCCURRENCE $ 1,000,000 DAMAGE $ RENTED PREMISES 100 000 i MED EXP (Any one person) $ 5,000 PERSONAL.B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT OTHER $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM X OTHER THAN UMBRELLA FORM Excess General Liability RETRO DATE FOR CLAIMS MADE: / / EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L: DISEASE • POLICY LIMIT $ SPECIAL Premium of $614 paid in full for ;policy period May 11, CONDITOTHER IONS! to August 11, 2014. COVERAGES 2014. - FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ 614.00 niA"T= 4_ AnnDGcc (978)~977-0300( ) - X MORTGAGEE ADDITIONAL INSURED LOSS PAYEE The Raymond C. Green Trust LOAN# 155 Federal Street AUTHORIZED.REPRESENTATIVE Suite 1300 Boston MA 02110- ACORD 75 (2004/09) NOTE: IMPUK I AN 1 5 I A 1 It INt-UKIVIA I IUIV UIN I'AUM G v 1AL UMLJ %,UMr-UF<%M 1 wry 1 aao-cvu4 INS075 (200410).04a Page 1 of 2 O'Brien HomeWork 265 Pleasant St., Winthrop, MA 02152 (617) 777-4784 (Cell) PROPOSAL POSTED Page No. 1 of 1 PROPOSAL SUBMITTED TO TODAY'S DATE DATE OF PLANS/PAGE #'S City light homes 5/1/14 PHONE NUMBER FAX NUMBER JOB NAME Home inspection punch list 3`d floor Burrill st ADDRESS, CITY, STATE, ZIP JOB LOCATION Swampscott Ma We propose to perform all labor necessary for the completion of: Completion of all necessary work given on punch list from buyer Reverse the swing of second bedroom door Grease main leads in electrical panel Repair leaky shower head Reverse shower door swinging direction Silicone and seal entire stand up shower Measure and order missing screens for windows Repair crank mechanisms for windows North Andover Installation of 25 sets of blinds on Saunders St�� We propose hereby to perform all labor - complete in accordance with above specifications for the sum of: One thousand one hundred dollars dollars ($ r1,100,j Payment as follows: Check payable to action siding All material is guaranteed to be as specified. All work to be completed In a substantial workmanlike manner according to specifications submitted, pi�!TsiarMaFd practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Authorized Signature Note: this proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices, specifications and Signature conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance o CSU `f rirr,; COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a parry with an interest in the property, Respondents MOTION TO FORECLOSE ON LIEN NOW COMES City Light Homes, LLC, the Court Appointed Receiver for 88-90 Saunders Street, North Andover, Massachusetts in this matter and hereby requests that this Honorable Court allow the Receiver to foreclose on the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I). WHEREFORE, the Receiver requests that this Honorable Court allow the Receiver to foreclose on the lien issued pursuant to M.G.L. c. 111, Sec. 127 (I). on January 31, 2014. City Light Homes, LLC Receiver By its,:;6rn/ Pd'te Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 State Form 290 General Laws, Chapter 60, Section 23 MUNICIPAL LIEN CERTIFICATE THE COMMONWEALTH OF MASSACHUSETTS NUMBER: 11,164 Issued: March 06, 2014 OFFICE OF THE COLLECTOR OF TAXES Quarterly Billing TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER MA 01845 I certify from available information that all taxes, assessments and charges now 978-688-9550 payable that constitue liens as of the date of this certificate on the parcel of real estate specified in your application received on February20, 2014 are listed below. To: COTE LAW OFFICES ATTORNEYS AT LAW 246 ANDOVER ST SUITE 307 PEABODY, MA 01960 Parcel Id: 210-040.0-0007-0000.0 Location: 88 SAUNDERS STREET Land Area 0.26 Acres Legal Reference: Book 10614 Page 223 Assessed Ownet(s): MOSES, PETER E Utility Billing Tax Title I Tax Deferral Land Value $163,500.00 Account o Balance Balance Balance BuildingValue $101,000.00 1020003 $23.46 Exemption Value $0.00 1020004 $23.46 I Assessed Value $264,500.00 Liens 2014 2013 2012 Water Lien $ 866.90 $ 167.20 $ 182.40 Water Lien Interest $ 84.10 $ 22.34 $ 25.52 Sewer Lien $ 1,411.27 $ 256.52 $ 279.84 Sewer Lien Interest $ 136.38 $ 34.28 $ 39.15 Misc Water Liens $ 62.56 $ 62.56 $ 62.56 Misc Water Liens Interest $ 8.84 $ 8.90 $ 8.84 Betterments Chapter 40 Water Betterment $ $ - $ - Water Committed Interest $ $ - $ Chapter 380 Sewer Betterment $ $ $ Sewer Committed Interest Assessments 2014 2013 2012 Preliminary 1 st $ 936.05 $ 1,035.30 $ 1,005.55 Preliminary 2nd $ 936.05 $ 1,035.30 $ 1,005.55 Actual 1st / 3rd $ 969.68 S 836.80 $ 1,065.05 Actual Ind / 4th $ 969.67 $ 836.79 $ 1,065.05 CPA $ 71.11 $ 71.17 $ 82.48 Betterments and Lit $ 2,570.05 $ 551.80 $ 598.31 Interest Payments Taxes & CPA $ 2,895.13 $ 3,815.36 $ 41223.68 Betterments and Lit $ 1,285.03 $ 551.80 $ 598.31 Interest $ - $ - $ - Current Unpaid Taxes Total Due Before Interest $2,272.45 $ 2,272.45 PLEASE CONTACT TAX OFFICE FOR INTEREST & FEES 688-9550. PLEASE CONTACT WATER DEPARTMENT AT688-9570 10 DAYS PRIOR TO CLOSING FOR FINAL BILLING NOT INCLUDED ON LIEN *NOTE: Real estate parcels in the community are subject to supplemental tax assessments under G.L. Ch 59 S21) I have no knowledge of any other lien outstanding aw"e-1 / r / I COLLECT 7f T f r� w c O m n O l< N 3 m Z v E m 0 2 D Z I I O O oO O O 00 00 O 00 00 0 0 0 0 0 (O w-•��o (Ji W J�- (O 4 0 1 0 -4 (O (O 0 � W 00 00 0 0 - 0 X f 1 l 1 O J m � 0 0 0 0 0 0 1-0 0 0N 1 0 ION 0 00 0 O O = D 0 Z o c v N m 0 a 1 J n W DIDIDIDI>ITITITR1I � N co W N W co co 1 0 yo(n(ON_"OLm %~ X X X X X X X °Z'N m ��� O0 OD OC v v NC v v NCC - D r CN CN CD 0 2 2= D 2 2 2 2 W C//) mmmmmmmmo ' ' t 1 0 W mDC) /J1// • /� z 117 I<z m Cf)OD D > z z z z z z z m D -zi m r- Z '* O D --A Cf) CL� CO r c 111 P.mz� 70�0707070�07oro 9 �0 U C c 1) 0 n 0000000027- m cn 77 O 7 x 7 m m o C40 CD 0 m 0000000*7fn ^ Q QI Sy 'C/� OJ 00 W W 00 00 W C' SOI r r r r r r r r m � Z Z Z Z Z Z Z W --j m CJ 0 0 0 0 0 CJ � O z D ID ID ID ID ID � I -C -C k k k k I -C I -C X -o 0 m N A N CO W V O) A Ui �I Ul J O) Cn O �I ro P, O 1,-04 ) lwr\)-4 b O 1"-'4' oo Z SOLD TO D %~ a W °Z'N m m N CD 0 D cn D m� cn C//) ' ' Cf) ao mDC) • z 117 I<z m Cf)OD D > m �0 D -zi m r- Z '* O D --A Cf) CL� CO r c 111 P.mz� 9 �0 U C �3 n 1 9 ° C. m cn O o C40 CD 0 m ^ Q QI Sy 'C/� C 0 2 D O C' SOI o 0 �< Q a C) 0M m �nN N Q o o (D m _ Arn ma (D Z cn 0 o c'D (D ° C M X �* t7 (D H O Cf) D rnm o c o ° 0 R1 UR Z -J- r c r (O B rn m W 3 rn C° N > U)O (n o �, OD N Cilui caD 00 0 33 �A � 0) n � d � 0 t Q Q O c 0 O o� c c w 1 Q� p o D rr � O N --I1 NW Cm N CD N O = O m m Oa /ji N ai o (o Z 3 3 N� N m CL V • N cod m C 3 N OO n 0 w w O n m N m N O_ N O OD 01 N O N m z v. 0 14 O 3 0 O m Vi (D 61Z �3 CD "a _o m m a Sb Q) W CD a 0 1 wl cn D n 2 D m cn O n D r r rn m n rn rn cn N More saving. More doing:" PLEASE TELL ME ABOUT YOUR SHOPPING EXPERIENCE. 2685 00097 10914 CASHIER - SPOS01 ORDER ID: 2685-217052 RECALL AMOUNT 05/01/14 02:37 PM 466.36 SUBTOTAL 466.36 SALES TAX 29.15 TOTAL $495.51 XXXXXXXXXXXX2533 VISA 495.51 AUTH CODE 033934/8972029 TA P.O.#/JOB NAME: saunders8890 IT IIIIIIIIIIII 11111111111111111111111 2685 97 10914 05/01/2014 0648 BUY ONLINE PICK-UP IN STORE AVAILABLE NOW ON HOMEDEPOT.COM. CONVENIENT, EASY AND MOST ORDERS READY IN LESS THAN 2 HOURS! *************************************** ENTER FOR A CHANCE TO WIN A $5,000 HOME DEPOT GIFT CARD! Share Your Opinion With Us! Complete the brief survey about your store visit and enter for a chance to win at: www.homedepot.com/opinion COMPARTA SU OPINION EN UNA BREVE ENCUESTA PARA LA OPORTUNIDAD DE GANAR. User ID: GVM3 24802 22214 Password: 14251 22117 Entries must be entered by 05/31/2014. Entrants must be 18 or older to enter. See complete rules on website. No purchase necessary. COTE LAW OFFICES 246 Andover Street (Route 114) Suite 307 Peabody, Massachusetts 01960 JAMES M. COTE Citylight Homes, LLC 246 Andover Street Peabody, MA 01960 Re: 88-90 Saunders Street, North Andover Telephone: (978) 278-5850 Facsimile: (978) 278-5922 Email: jcote@jcotelaw.com Website: www.jcotelaw.com FOR PROFESSIONAL SERVICES RENDERED in connection with the appointment of receiver including various telephone calls with and emails to and from the attorney general office; various court appearances; research; draft various motions; meeting with client; meeting with contractor; administrative work. $7500.00 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION FOR APPROVAL TO DISBURSE EXCESS PROCEEDS NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to disburse excess proceeds from the sale of the subject property, 88-90 Saunders Street, North Andover, Massachusetts, to the first lien holder described above. City Light Homes, LLC Receiver By its attorne 'f James M. e Cote Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 01UMDta teas,, of Massachusetts A NiSource Company low to Contact Us I 800-688-6160 or Dire ctLink self-service 24 hours/da s' z orpriYmeniarrengeinents, call, 7 a.m. - 5.30 p.m. Mon. Fn 9amry2pmySat -800-882-5454 f or billing questions; call 8 a.rn.. - 5 p.m.; Mon Fri. - a'rt =or quickest response, call 3p.m:,Tues. Fri 1-800-677-5052 ro open/close account (please allow atleast5 days) 1-800-232-0120. or Energy Efficiency-Services- 1-800-525-822Z fficiency-Services1 800-525-8222 ,a For gas leaks or odor.of gas 24 hours/day` For hearing-impaired relay ColumbiaGasMA.comi For accountinformatibn, descriptions of.purservices and safety and conservation tips Billing Options Budget Payment Plan Reduce the impact of. higher, unstable natural gas prices by s.preading..::. the cost of.winter heating more evenly tl roughout the year. Know how much to expect to pay each month.. Customer Choice Purchase your natural gas 'from an unregulated supplier and have more:control '.:'.. overthe gas cost portion of your bill. -Columbia Gas of Massachusetts.will still-deliverthe gas and provide safe, reliable service. Payment Options Pay Online Pay free by electronic -check atour Website. Auto Bill Payment Authorize your bankto:pay your bill automatically each month with Direct Payment. Enroll online. Pay By Phone Call 1-855-597-3376.or linkfrom our ; Web site to pay by credit/debit card or e -check: A convenience.fee from Bil[Matrixwill:apply,: Pay In Person Call or.visitus online `to find'an authorized payment center near you Pay By Mail Return coupon belowwlth payment to: -Columbia Gas of Massachusetts P.O. Box 742514 Cincinnati, OH 45274-25 14 Consumer,Protections Your Right to Dispute Your Bill If you think yourbill Is incorrect, call us at 1-800-882-5454 before thedue'date. We will review your account and notify you of the results, in writing it you wish. If you:are not satisfied .. with our response; you have the rightto appeal,to the DPU in writing at: Consumer Division, Massachusetts Department of Public Utilities; One South Station, Boston, MA 02110, by phone at.1-617:737-2836 or'1 877 886-5066, or online at www.mass.gov/dpu. Until the DPU-.:,`. rules on your appeal, your. service cannot be shut off for:- non-payment of the disputed'pai"tbf,your bill: However You must continue to pay any portion of that bill end other bills that are not part of the dispute Bankruptcy Notices Columbia Gas of MassachGsetts Revenue Recovery, 2025 Roosevelt Ave, Springfield, MA. - 01102. Other Correspondence (except payments). Mail to Columbia Gas of Massachusetts, 2025 Roosevelt Ave., Springfield, MA 01104. CITYLIGHT HOMES, LLC STE 3RD 246 ANDOVER ST PEABODY MA 01960 3't columbia Gas - of MaSMChL1Setts 995 Belmont Street ""—I.C.'" I Brockton, MA 02301 00215637 01 MB 0.435 01 **"AUTO**MIXED AADC 430 CITYLIGHT HOMES, LLC STE 3RD 246 ANDOVER ST PEABODY MA01960 679-257-006-0 Security Deposit D Statement Date Non -Residential Security Deposit Page 1 of 2 04/24/2014 215637 Billinq & Payment Summary Billing & Payment Notes Customer Name Citylight Homes, LLC Previous Balance $0.00 Deposit Request on 04/24/2014 + $145.00 Balance on 04/24/2014 = $145.00 mount Due by 05/20/2014 = $145.001. Deposit Request for Service at: 88 Saunders St, Ste R 1, worth Anduver rAA 01 M-2414 Deposit Aniountfor Gas Service $145.00 Safety Tips Glossary Odor of Gas We add a distinctive odor to your natural gas to alert you to a Cost of Gas The cost of gas leak in or around your home. If you smell an odor of gas: includes the purchase, 1. Leave the building immediately. Don't light a match or use anything storage, and interstate transmission of natural gas. that would cause a spark such as light switches, (tome phones or cell pliones. Pro -rated Bill Our normal 2. From a safe place call 911 and our emergency number at billing period is based on 30 days. If your billing period is 1-800-525-8222. more than days or less Call Before You Dig If you're planning a (tome construction or than dayss,, we pro rate to landscaping project, call Dig Safe at 811 at least 72 (tours before you start adjust to the number of clays to dig. A representative will mark the approximate location of underground in your billing period. utility lines on your property. Employee Identification All of our employees and approved meter readers and contractors carry photo identification. If someone claims to represent the gas company, ask to see identification. Call the police if you see suspicious activity. Turn Me Over 1 1 for Payment Coupon youraccount"Sob°°t vouraccount fAmount Due by 5/20/2014 7$145.00 Payment Enclosed �Illl��ll�ll��llrlllll�rnr�lr�lllllllllllrlrllllnr�l�lrr, AB Make check payable to: COLUMBIA GAS OF MA P.O. Box 742514 Cincinnati, OH 45274-2514 Account Number 679-257-006-0 E] Is your contact information on the back incorrect? Check this box and detail the correction on the reverse side. ffl"k Ir�lllrllllrllllnlrll�l�llluur�llllnl�nll�nlll�lllnllllll� 80679257006100001450031800001450093 nationalgrid SERVICE FOR CITY LIGHT HOMES 88-90 SAUNDERS ST HSE, NORTH ANDOVER MA 01845 BILLING PERIOD Mar 27, 2014 to Apr 28, 2014 ACCOUNT NUMBER 66636-62008 May 24, 2014 PAGE 1 Of 2 AMOUNT DUE www.nationalgrid.com ACCOUNT BALANCE CUSTOMER, SERVICE 1-800-322-3223 Previous Balance 0.00 CREDIT DEPARTMENT 1-88&211-1313 Payment Received No payments have been received during this billing period -0.00 POWER OUTAGE OR DOWNED LINE Current Charges + 13.96 1-800-4651212. Amount Due ► $ 13.96 EMAIL BILLING INQUIRES customerservice@us.nqrid.com Welcome to National Grid, we're proud to be serving you. CORRESPONDENCE ADDRESS PO Box sso i GO PAPERLESS: You'll help yourself and the environment by signing up to Northborough MA 01532 0960 manage your bills online at www.nationalgridus.com/gopaperless. ELECTRIC PAYMENT ADDRESS PO Box 11737 Newark, NJ 07101-4737 DETAIL OF CURRENT CHARGES DATE BILL ISSUED Apr 30, 2014 Delivery Services - - - Service Period - No. of days Current Reading . - Previous. Reading = Total Usage Mar 27 - Apr 28 32 148 Actual 91 Actual 57 kWh METER NUMBER 60046512 NEXT SCHEDULED READ DATE May 30 RATE Residential Regular R-1 Customer Charge 4.00 Dist Chg First 57 KWH 0.03649 x . 57 kWh 2.08 Transition Charge 0.00106 x 57 kWh 0.06 Transmission Charge 0.02304 x 57 kWh 1.31 Energy Efficiency Chg 0.00942 x 57 kWh 0.53 Renewable Energy Chg 0.0005 x 57 kWh 0.03 ELECTRIC LISAGE,HISTORY (kWh) ., Service Quality Credit -0.00054375 x 57 kWh -0.03 too Underground Surcharge 2.0% 0.27 80 60 Total Delivery Services $ 8.25 40 20 0 P, 14 Daily Averages Apr 14 kWh 1.6 Cost $ 0.43 0 Actual I i Estimated KEEP THIS PORTION FOR YOUR RECORDS. nationalgrid PO Box 960 Northborough MA 01532 RETURN THIS PORTION WITH YOUR PAYMENT, ACCOUNT NUMBER 66636-62008 'IIIIIIIIIII`I'III''III'Ilill'1111"1111"'II�IIII'Ill�lrl� ***AUTO"*SCH 3 -DIGIT 018 CITY LIGHT HOMES 246 ANDOVER ST STE 101 027984 PEABODY MA 01960-1502 $ 13.96 ENTER AMOUNT ENCLOSED $I Write account number on check and make payable to National Grid Please pay Gas & Electric bills separately NATIONAL GRID PO BOX 11737 NEWARK NJ 07101-4737 I'lil'III'II'II111111111111'I'Illlllllllllrllrll�l�lr�rlrrllllirl 000001396 66636620087000001396144 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION TO APPOINT SOUHLERIS REALTY TO SELL REAL ESTATE FOR THE RECEIVER, CITY LIGHT HOMES, LLC AT PRIVATE SALE NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to hire Souhleris Real Estate, a licensed real estate broker in Massachusetts, to list and sell the subject property, 88-90 Saunders Street, North Andover, Massachusetts, through the MLS (multiple listing service). City Light Homes, Receiver By its attgme� James MK ote Cote Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 v. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION FOR APPROVAL OF PRIVATE SALE, PURCHASE AND SALE AGREEMENT AND DEED NOW COMES City Light Homes, LLC the receiver in this matter and requests that this Honorable Court allow the receiver to sell the subject property, 88-90 Saunders Street, North Andover, Massachusetts, at private sale to Michael J. Papa for $375,000.00 per the attached P&S and for approval of the deed to the subject property attached hereto. City Light Homes, LLC Receiver By its attorn$ James M e Cote L4 Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 3nS.S t�E liS.EL YS,ASSI C'th`C1t]ty or kEii3URS" STANDARD PURCHASE AND SALE AGREEMENT [#503] (With Contingencies) The parties make this Agreement this day of This Agreement supersedes and replaces all obligations made in any prior Contract To Purchase or agreement for sale entered into by the parties. 1. Parties. CityLight Homes LLC [insert name], the "SELLER," agrees to sell and Michael J. Papa [insert name], the "BUYER," agrees to buy, the premises described in paragraph 2 on the terms set forth below. BUYER may require the conveyance to be made to another person or entity ("Nominee") upon notification in writing to SELLER at least five business days prior to the date for performance set forth in paragraph 5. Designation of a Nominee shall not discharge the BUYER from any obligation under this Agreement and BUYER hereby agrees to guarantee performance by the Nominee. 2. Description Of Premises. The premises (the "Premises") consist of: (a) the land with any and all buildings thereon known as 88-90 Saunders Street North Andover MA 01845, a Two Family Dwelling , as more specifically described in a deed recorded in the Registry of Deeds at Book , Page , [Certificate No. ], a copy of which ❑ is ❑ is not [choose one] attached; and (b) all structures, and improvements on the land and the fixtures, including, but not limited to: any and all storm windows and doors, screens, screen doors, awnings, shutters, window shades and blinds, curtain rods, furnaces, heaters, heating equipment, oil and gas burners and fixtures, hot water heaters, plumbing and bathroom fixtures, towel racks, built-in dishwashers, garbage disposals and trash compactors, stoves, ranges, chandeliers, electric and other lighting fixtures, burglar and fire alarm systems, mantelpieces, wall-to-wall carpets, stair carpets, exterior television antennas and satellite dishes, fences, gates, landscaping including trees, shrubs, flowers; and the following built-in components, if any: air conditioners, vacuums systems, cabinets, shelves, bookcases and stereo speakers, and none but excluding stacring [insert references to refrigerators, dishwashers, microwave ovens, washing machines, dryers or other items, where appropriate] 3. Purchase Price. The purchase price for the Premises is $ 375 , 000.00 dollars of which $ 1,0100-00 were paid as a deposit with Contract To Purchase; and $ 18,000-00 are paid with this Agreement; $ are to be paid ; and $ 356,000.00 are to be paid at the time for performance by bank's, cashier's, treasurer's or certified check or by wire transfer. $ 375,000.00 Total 4. Escrow. All funds deposited or paid by the BUYER shall be held in a non-interest bearing escrow account, by Souhleris Realty LLC , as escrow agent, subject to the terms of this Agreement and shall be paid or otherwise duly accounted for at the time for performance. If a BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials MASSFORMS' 01999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS® Sla —lde Standard Reel Fatale Ponos eow� Rouano OPPORTUNITY Souhleris Realty,246 Andover Street Peabody,MA 01960 Form No. 503 Phone: (617)763-1001 Fax: Steven Belesis 88-90 Saunders Produced with zipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziol-ogix.com dispute arises between the BUYER and SELLER concerning to whom escrowed funds should be paid, the escrow agent may retain all escrowed funds pending written instructions mutually given by the BUYER and the SELLER. The escrow agent shall abide by any Court decision concerning to whom the funds shall be paid and shall not be made a party to a lawsuit solely as a result of holding escrowed funds. Should the escrow agent be made a party in violation of this paragraph, the escrow agent shall be dismissed and the party asserting a claim against the escrow agent shall pay the agent's reasonable attorneys' fees and costs. [If interest is to accrue on escrowed funds, indicate to whom it shall be paid.] 5. Time For Performance. The SELLER shall deliver the deed and the BUYER shall pay the balance of the purchase price at 2 o'clock P . m. on the 30th day of June , 2014 , at the Essex North Registry of Deeds, or at such other time and place as is mutually agreed in writing. TIME IS OF THE ESSENCE AS TO EACH PROVISION OF THIS AGREEMENT. Unless the deed and other documents required by this Agreement are recorded at the time for performance, all documents and funds are to be held in escrow, pending prompt rundown of the title and recording (or registration in the case of registered land). SELLER'S attorney or other escrow agent shall disburse funds the next business day following the date for performance, provided that the recording attorney has not reported a problem outside the recording attorney's control. 6. Title/Plans. The SELLER shall convey the Premises by a good and sufficient quitclaim deed running to the Buyer or to the BUYER'S nominee, conveying good and clear record and marketable title to the Premises, free from liens and encumbrances, except: (a) Real estate taxes assessed on the Premises which are not yet due and payable; (b) Betterment. assessments, if any, which are not a recorded lien on the date of this Agreement; (c) Federal, state and local laws, ordinances, bylaws, rules and regulations regulating use of land, including building codes, zoning bylaws, health and environmental laws; (d) Rights and obligations in party walls; (e) Any easement, restriction or agreement of record presently in force which does not interfere with the reasonable use of the Premises as now used; (f) Utility easements in the adjoining ways; (g) Matters that would be disclosed by an accurate survey of the Premises; and [insert in (h) references to any other easement, restriction, lease or encumbrance which may continue after title is transferred] If the deed refers to a plan needed to be recorded with it, at the time for performance the SELLER shall deliver the plan with the deed in proper form for recording or registration. 7. Title Insurance. BUYER'S obligations are contingent upon the availability (at normal premium rates) of an owner's title insurance policy insuring BUYER'S title to the premises without exceptions other than the standard exclusions from coverage printed in the current American Land Title Association ("ALTA") policy cover, the standard printed exceptions contained in the ALTA form currently in use for survey matters and real estate taxes (which shall only except real estate taxes not yet due and payable) and those exceptions permitted by paragraph 6 of this Agreement. 8. Closing Certifications and Documents. The SELLER shall execute and deliver simultaneously with the delivery of the deed such certifications and documents as may customarily and reasonably be required by the BUYER'S attorney, BUYER'S Initials BUYER'S Initials BUYER'S Initials MASSFORMS`" statewide standard Real Estate Form 2 SELLER'S Initials SELLER'S Initials SELLER'S Initials ©1999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS® Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoclix.com OP OPPORTUHRY Form No. 503 88-90 Saunders BUYER'S lender, BUYER'S lender's attorney or any title insurance company insuring the BUYER'S title to the Premises, including, without limitation, certifications and documents relating to: (a) parties in possession of the premises; (b) the creation of mechanics' or materialmen's liens; (c) the HUD -1 Settlement Statement and other financial affidavits and agreements as may reasonably be required by the lender or lender's attorney; (d) the citizenship and residency of SELLER as required by law; and (I) information required to permit the closing agent to report the transaction to the Internal Revenue Service. At the time of delivery of the deed, the SELLER may use monies from the purchase to clear the title, provided that all documents related thereto are recorded with the deed or within a reasonable time thereafter acceptable to the BUYER and, provided further, that discharges of mortgages from banks, credit unions, insurance companies and other institutional lenders may be recorded within a reasonable time after recording of the deed in accordance with usual conveyancing practices. The SELLER'S spouse hereby agrees to release all statutory, common law or other rights or interest in the Premises and to execute the deed, if necessary. 9. Possession And Condition Of Premises. At the time for performance the SELLER shall give the BUYER possession of the entire Premises, free of all occupants and tenants and of all personal property, except property included in the sale or tenants permitted to remain. At the time for performance the Premises also shall comply with the requirements of paragraph 6, and be broom clean and in the same condition as the Premises now are, reasonable wear and tear excepted, with the SELLER to have performed all maintenance customarily undertaken by the SELLER between the date of this Agreement and the time for performance, and there shall be no. outstanding notices of violation of any building, zoning, health or environmental law, bylaw, code or regulation, except as agreed. The BUYER shall have the right to enter the Premises within forty-eight (48) hours prior to the time for performance or such other time as may be agreed and upon reasonable notice to SELLER for the purpose of determining compliance with this paragraph. At the time of recording of the deed, or as otherwise agreed, the SELLER shall deliver to BUYER all keys to the Premises, garage door openers and any security codes. Until delivery of the deed, the SELLER shall maintain fire and extended coverage insurance on the Premises in the same amount as currently insured. 10. Extension Of Time For Performance. If the SELLER cannot convey title as required by this Agreement or cannot deliver possession of the Premises as agreed, or if at the time of the delivery of the deed the Premises do not conform with the requirements set forth in this Agreement or the BUYER is unable to obtain title insurance in accordance with paragraph 7, upon written notice given no later than the time for performance from either party to the other, the time for performance shall be automatically extended for thirty (30) days, except that if BUYER'S mortgage commitment expires or the terms will materially and adversely change in fewer than thirty (30) days, the time for performance set forth in paragraph 5 shall be extended to one business day before expiration of the mortgage commitment. SELLER shall use reasonable efforts to make title conform or to deliver possession as agreed, or to make the Premises conform to the requirements of this Agreement. Excluding discharge of mortgages and liens, about which the SELLER has actual knowledge at the time of signing this Agreement, the SELLER shall not be required to incur costs or expenses totaling in excess of one-half (1/2) of one percent of the purchase price to make the title or the Premises conform or to deliver possession as agreed. If at the expiration of the time for performance, or if there has been an extension, at the expiration of the time for performance as extended, the SELLER, despite reasonable efforts, cannot make the title or Premises conform, as agreed, or cannot deliver possession, as agreed, or if during the period of this Agreement or any extension thereof, the SELLER has been unable to use proceeds from an insurance claim, if any, to make the Premises conform, then, at the BUYER'S election, any payments 3 BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials MASSFORMS'" ©1999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS® e o -7 Statewide Standard Real Fatale Forms Form No. 503 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioL.00ix.com ua_on ca,,.,tPr� made by the BUYER pursuant to this Agreement shall be immediately returned. Upon return of all such funds, all obligations of the BUYER and SELLER shall terminate and this Agreement shall automatically become void and neither the BUYER nor SELLER shall have further recourse or remedy against the other. 11. Nonconformance Of Premises. If the Premises do not conform to the requirements of paragraph 9 because they have been damaged by fire or other casualty (occurring after the date of this Agreement) that is covered by insurance, then the BUYER shall have the right to elect whether or not to proceed to accept the Premises and take title. If BUYER elects to proceed BUYER shall have the right to elect to have the SELLER pay or assign to the BUYER, at the time for performance, the proceeds recoverable on account of such insurance, less any cost reasonably incurred by the SELLER for any incomplete repairs or restoration. If the SELLER, despite reasonable efforts, has neither been able to restore the Premises to its former condition nor to pay or assign to the BUYER the appropriate portion of insurance proceeds, the BUYER shall have the right to elect to have the SELLER give the BUYER a credit toward the purchase price, for the appropriate amount of insurance proceeds recoverable less any costs reasonably incurred by the SELLER for any incomplete restoration. 12. Acceptance Of Deed. The BUYER shall have the right to accept such title to the Premises as the SELLER can deliver at the time for performance and if extended, shall have such right at the time for performance, as extended. The BUYER shall also have the right to accept the Premises in the then current condition and to pay the purchase price without reduction of price. Upon notice in writing of BUYER'S decision to accept the Premises and title, the SELLER shall convey title and deliver possession. Acceptance of a deed by the BUYER or BUYER'S nominee, if any, shall constitute full performance by the SELLER and shall be deemed to release and discharge the SELLER from every duty and obligation set forth in this Agreement, except any duty or obligation of the SELLER that the SELLER has agreed to perform after the time for performance. Notwithstanding the foregoing, all warranties, if any, made by the SELLER shall survive delivery of the deed. 13. Adjustments. At the time for performance of this Agreement adjustments shall be made as of the date of performance for current real estate taxes, fuel value, water rates, sewer use charges, eolleeted _ `s, uneelleeted rents (if --.L___ prepaid premiums on insurance if assigned. The net total of such adjustments shall be added to or deducted from the purchase price payable by the BUYER at the time for performance. If the real estate tax rate or assessment has not been established at the time for performance, apportionment of real estate taxes shall be made on the basis of the tax for the most recent tax year with either party having the right to request apportionment from the other within twelve months of the date that the amount of the current year s tax is es nsidered. J 14. Acknowledgment Of Fee Due Broker. The SELLER and BUYER acknowledge that a fee of $18 , 7 50.0 0 ( ) for professional services shall be paid by the SELLER to Souhleris Realty , the "BROKER", at the time for performance. In the event of a conflict between the terms of this Agreement and a prior fee agreement with BROKER, the terms of the prior fee agreement shall control unless BROKER has expressly agreed to a change in writing. The BUYER and SELLER acknowledge receipt of a notice from BROKER, pursuant to 254 of the Code of Massachusetts Regulations Section 3.0 (13), regarding any agency 4 BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials WssFORMs. 01999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS© Slalewide Standard Real Fatale Forme Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Looix.com OPPORTUHfTY Form No.503 88-90 Saunders relationship of the BROKER with the BUYER and/or the SELLER. The BUYER and SELLER understand that Keller Williams [insert name], a real estate broker, is seeking a fee from Souhleris Realty LLC [name of listing broker, seller or buyer, if applicable] for services rendered as a ❑ seller's subagent ❑X buyer's agent ❑ facilitator (non -agent) [choose one]. The BUYER further represents and warrants that there is no other broker with whom BUYER has dealt in connection with the purchase of the Premises. 15. Buyer's Default. If the BUYER or BUYER'S Nominee breaches this Agreement, all escrowed funds paid or deposited by the BUYER shall be paid to the SELLER as liquidated damages. Receipt of such payment shall constitute the SELLER'S sole remedy, at law, in equity or otherwise, for BUYER'S default. The BUYER and SELLER agree that in the event of default by the BUYER the amount of damages suffered by the SELLER will not be easy to ascertain with certainty and, therefore, BUYER and SELLER agree that the amount of the BUYER'S deposit represents a reasonable estimate of the damages likely to be suffered. 16. Buyer's Financing. (Delete if Waived) The BUYER'S obligation to purchase is conditioned upon obtaining a written commitment for mortgage financing in the amount of $ 342 000.00 at prevailing rates, terms and conditions by June 16,-2014 _ . The BUYER shall have an obligation to act reasonably diligently to satisfy any conditions within BUYER'S control. If, despite such diligent efforts, the BUYER has been unable to obtain such written commitment the BUYER may terminate this Agreement by giving written notice that is received by SELLER or SELLER'S agent by 5:00 p.m. on the calendar day after the date set forth above. In the event that notice has not been actually or constructively received, this condition is deemed waived. In the event that due notice has been received, all monies deposited or paid by the BUYER shall be returned and all obligations of the BUYER and SELLER pursuant to this Agreement shall cease and this Agreement shall become void. In no event shall the BUYER be deemed to have used reasonable efforts to obtain financing unless the BUYER has submitted at least one (1) application to a licensed mortgage lender by within 3 days and acted reasonably promptly in providing any additional information requested by the mortgage lender. 17. Inspections/Survey. (Delete if Waived) midition of t4te property as is, sttbjeet t&atty work expressly agreed in writing to be performed at 4le exPellse Of 8FL+FR-. e€ sttid ' d�seretion, Bb13,1FR shtl:14 have the right to give wriffUll —eived by the SEyb�R or SE-1-1—ER'S agent by SeI99 p -ft etr-the ettlendttr day ttfteHhe date set forth ttboye, terrrAitftting this Agreement. �4pott reeeipt of stieh notiee this Agree �h�! eoftstit"., " ....—.-4n the event eliat the BU*ER does not exereise the right to httve stieh itlspel!tian(s) or to tertrAnate, the SElAnER and the listing b .!.e&er are eaeft released from elaims relating to the eenditiatt of the Premises that 18. Lead Paint Laws. For premises built before 1978 BUYER acknowledges receipt of the "Department of Public Health Property Transfer Notification" regarding the Lead Law, acknowledges verbal notification of the possible presence of lead hazards and the provisions of the Federal and Massachusetts Lead Laws and regulations, including the right to inspect for .dangerous levels of lead. Occupancy of premises containing dangerous levels of lead by a child under six years of age is. prohibited, subjected to exceptions permitted by law. BUYER further acknowledges that neither the SELLER nor any real estate agent has made any representation, express or implied, regarding the absence of lead paint or compliance with E BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials ©1999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS(g) MASSFORMS- Form No. 503 Slalewlde Slaadard Regi Wale Forum Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com 88-90 Saunders any lead law, except as set forth in writing. BUYER assumes full responsibility for compliance with all laws relating to lead paint removal, if required by law, and related matters (in particular, without limitation, Mass. G.L., c. 11 l,. § 197), and BUYER assumes full responsibility for all tests, lead paint removal and other costs of compliance. Pursuant to 40 CMR 745.113(a), the Property Transfer Notification Certification is attached to this agreement. 19. Certificate of Approved Installation. The SELLER shall equip the residential structure on the Premises with approved smoke detectors and carbon monoxide detectors and furnish BUYER with Certificate of Approved Installation from the local Fire Department at the time for performance to the extent required by law as well as any wood stove permit, if any, required by law, regulation or ordinance. 20. Warranties And Representations. The SELLER represents and warrants that the Premises ❑ is/ x❑ is not [choose one] served by a septic system or cesspool. [If yes, a copy of the Title 5 Addendum is attached.] The SELLER further represents that there ❑is an/ ❑ is no or x❑ has no knowledge of an [choose one] underground storage tank or an unapproved and abandoned septic tank. The SELLER further represents and warrants that SELLER has full authority to enter into this Agreement. The buyer is not relying upon any representation, verbal or written, from any real estate broker or licensee concerning legal use. Any reference to the category (single family, multi -family, residential, commercial) or the use of this property in any advertisement or listing sheet, including the number of units, number of rooms or other classification is not a representation concerning legal use or compliance with zoning by-laws, building code, sanitary code or other public or private restrictions by the broker. The BUYER understands that if this information is important to BUYER, it is the duty of the BUYER to seek advice from an attorney or written confirmation from the municipality.In addition, the BUYER acknowledges that there are no warranties or representations made by the SELLER or any broker on which BUYER relies in making this Offer, except those previously made in writing and the following: none [If none, state "none"; if any listed, indicate by whom the warranty or representation was made.] 21. Notices. All notices required or permitted to be made under this Agreement shall be in writing and delivered in hand, sent by certified mail, return receipt requested or sent by United States Postal Service overnight Express Mail or other overnight delivery service, addressed to the BUYER. or SELLER or their authorized representative at the address set forth in this paragraph. Such notice shall be deemed to have been given upon delivery or, if sent by certified mail on the date of delivery set forth in the receipt or in the absence of a receipt three business days after deposited or, if sent by overnight mail or delivery, the next business day after deposit with the overnight mail or delivery service, whether or not a signature is required. Acceptance of any, notice, whether by delivery or mail, shall be sufficient if accepted or signed by a person having express or implied authority to receive same. Notice shall also be deemed adequate if given in any other form permitted by law. [If there are multiple buyers, identify the mailing address of each buyer in paragraph 23.] BUYER Michael J. Papa SELLER CityLight Homes LLC Address: Address: 22. Counterparts / Electronic Delivery / Construction Of Agreement. This Agreement may be executed in counterparts. All documents related to this transaction may be delivered electronically, including by encrypted email or facsimile, and shall have the same effect as delivery of an original. This Agreement shall be construed as a Massachusetts contract; is to take effect as a sealed instrument; sets forth the entire agreement between the parties; is binding upon 6 BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials MASSFOWS' ©1999, 2000, 2002, 2006, 2007, 2008, 2010, 2012 MASSACHUSETTS ASSOCIATION OF REALTORS® Form #503 Statewide Standard Real Felale Forme ......e..r Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com 88-90 Saunders and is intended to benefit the BUYER and SELLER and each of their respective heirs, devisees, executors, administrators, successors and assigns; and may be canceled, modified or amended only by a written agreement executed by both the SELLER and the BUYER. If two or more persons are named as BUYER their obligations are joint and several. If the SELLER or BUYER is a trust, corporation, limited liability company or entity whose representative executes this Agreement in a representative or fiduciary capacity, only the principal or the trust or estate represented shall be bound, and neither the trustee, officer, shareholder or beneficiary shall be personally liable for any obligation, express or implied. The captions and any notes are used only as a matter of convenience and are not to be considered a part of this Agreement and are not to be used in determining the intent of the parties. Any matter or practice which has not been addressed in this agreement and which is the subject of a Title Standard or Practice of the Real Estate Bar Association for Massachusetts, formerly known as the Massachusetts Conveyancers Association, at the time of performance shall be governed by the Standard of Practice of the Massachusetts Real Estate Bar for Massachusetts. 23. Additional Provisions. Subject to the Northeast Housing Approval process Buyer agrees to accommodate the Receiver including granting extensions needed in order to obtain necessary approval Property to Appraise at or above Purchase Price. UPON SIGNING, THIS DOCUMENT WILL BECOME A LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD, SEEK ADVICE FROM AN ATTORNEY. BUYER Date SELLER Date Michael J. Papa CityLight Homes LLC BUYER Date SELLER, or spouse Date BUYER Date SELLER, or spouse Date Escrow Agent. By signing below, the escrow agent agrees to perform in accordance with paragraph 4, but does not otherwise become a party to this Agreement. ESCROW AGENT or representative Date 7 BUYER'S Initials BUYER'S Initials BUYER'S Initials SELLER'S Initials SELLER'S Initials SELLER'S Initials MASSFoRMS- @1999,2000,2002,2006,2007,2008,2010,2012 MASSACHUSETTS ASSOCIATION OF REALTORSO Quitclaim Deed City Light Homes, LLC, a Massachusetts limited liability company of Peabody, MA, in consideration of $375,000.00 GRANT TO Michael J. Papa, Individually of North Andover, MA With QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts, with the buildings thereon, having an address of 88-90 Saunders Street, being shown as Lot B on plan of land entitled, "Plan of Land on Saunders'Street, North Andover, Mass., Ralph P. Brasseur, C.E., recorded with the North Essex Registry of Deeds as Plan No. 2261 The land is also shown as Lot 35 and a portion of Lot 36 on a plan of land entitled, "Plan of Land belonging to Eben Sutton in North Andover", August 1892, R.A. Hale, C.E. recorded in the North Essex Registry of Deeds as Plan No. 0147, and being more particularly bounded and described as follows: Beginning at a point in the Northerly line of Saunders Street at the junction of Lots 34 and 35 as shown on said plan; thence Southwesterly eighty five and 5/10 (85.50) feet to a point; thence Northwesterly one hundred fifty four (154.00) feet, more or less, to the shore of the Mill Pond as shown on said plan; thence Northeasterly by the irregular line of the Mill Pond ninety nine (99.00) feet, more or less, to the bound of Lot 34 as shown on said plan; thence Southeasterly one hundred thirteen (113.00) feet to Saunders Street and the point of beginning. Being the same premises conveyed to the herein named grantor(s) by deed recorded with Northern Essex Registry of Deeds in Book 10614, Page 223. Also see Order For Appointment of Receiver dated January 31, 2014 and recorded in Book 13777, Page 110. Premises: 88-90 Saunders Street, North Andover, MA Executed as a sealed instrument this day of June, 2014. City Light Homes LLC By David Seymour, Manager Commonwealth of Massachusetts Essex, ss. On day of June, 2014, before me, the undersigned notary public, personally appeared David Seymour, the above-named Manager and proved to me through satisfactory evidence of identification, to be the person whose name is signed on this document, and acknowledged to me that he/she signed it voluntarily for its stated purpose and that the foregoing instrument is his/her free act and deed. Notary Public: My Commission Expires: COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents NOTICE OF MOTION Please take notice that the Motion to Approve Receiver's Final Account, Motion to Foreclose Lien, Motion to Appoint Real Estate Agent, Motion to Approve P&S and Deed, Motion to Approve Disbursement is scheduled for hearing on May 30, 2014, at 9:00 am at Northeast Housing Court, 2 Appleton Street, Lawrence, MA. City Light Homes, LLC Receiver By its attorney f i James M. Cote Law 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 CERTIFICATE OF SERVICE I, James M. Cote, Attorney for the Receiver hereby certify that on May 20, 2014 1 forwarded by first class mail, postage prepaid a copy of Motion to Approve Receiver's Final Account, Motion to Foreclose Lien, Motion to Appoint Real Estate Agent, Motion to Approve P&S and Deed, Motion to Approve Disbursement and Notice of Motion: Edmund Donnelly, Esq. Assistant Attorney General Office of the Attorney General 1 Ashburton Place 18`h Floor Boston, MA 02108 Peter E. Moses 130 Haven Street Dedham, MA 02026 The Bank of New York Mellon One Wall Street NY, NY 10286 Board of Public Health Town of North Andover 1600 Osgood Street, Bldg. 20, Unit 2035 North Andover, MA 01845 James e COMMONWEALTH OF MASSACHUSETTS FES 06 2014 NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents MOTION TO APPROVE RECEIVER'S BUDGET NOW COMES City Light Homes, LLC, the Receiver in this matter and hereby requests that this Honorable Court approve its budget, attached hereto as Exhibit A, for the renovation/rehabilitation of the building located at 88-90 Saunders Street, North Andover, Massachusetts. In support hereof the Receiver states as follows: 1. The Receiver was appointed by tris Court on January 21, 2014. 2. Following appointment the Receiver made a thorough investigation of the property. 3. Based upon this investigation the Receiver determined it required a budget of $254,750.00 to rehabilitate the property (see Attached). WHEREFORE, the Receiver requests that this Honorable Court approve the budget as attached. City Light Homes, LLC Receiver By its attorney James M. Co Cote Lawfice 246 Andover St� Peabody, MA 01 (978) 278-5850 BBO No. 557178 CERTIFICATE OF SERVICE I, James M. Cote, Attorney for the Receiver hereby certify that on February 3, 2014 I forwarded by first class mail, postage prepaid a copy of Motion to Approve Receiver's Budget and Notice of Motion: Edmund Donnelly, Esq. Assistant Attorney General Office of the Attorney General 1 Ashburton Place 18`" Floor Boston, MA 02108 Peter E. Moses 130 Haven Street Dedham, MA 02026 The Bank of New York Mellon One Wall Street NY, NY 10286 Board of Public Health Town of North Andover 1600 Osgood Street, Bldg. 2 , Unit 2035 North Andover, MA 0184 James M. CityLight Homes 1 246 Andover Street j Peabody, MA 01960 P: 978-977-0050 1 Email dave@citylighthomes.com January 30, 2014 Cost to Cure. 88-90 Saunders St North Andover MA Construction Budget Construction Loan 15% Loan Origination 2pts CityLight Homes OHP Legal Insurance / Utilities Sales Commissions Total Cost to Cure $175'000 Bid attached. $ 26'250 lyr % only 6mth min $13'125 per day $71.90 $3'500 $31'500 18% $7500 $4500 $6500 5% Souhleris Reality Sale price $325'000 $254'750 Signed. David Seymour 781-244-3804 Page 2 of 4 Service Activity Amount Front Porch • remove existing front porch roof and second floor deck 18,340.00 dig four new 12 inch sauna tubes four feet deep and fill with cement Frame in new deck on first floor with pressure treated stock Composite decking installed Composite railing system used Build over hang roof exactly like neighbors house Roof will. Be trimmed out and have 30 year architectural installed on roof Soffit will be white vinyl soffit with four recess lights installed on porch labor and material porch • remove porch on rear which is unsafe and deteriorated build new egress porch out of pressure treated materail shed roof will be built over second egress to comply with building code labor and material • remove existing windows in entire house install new replacement windows with Massachusetts energy specifications total amount of windows will be 31 labor and material Electrical • new electrical service is required house meter needs to be added for common area lights and smoke alarms hard wired smoke alarms need to be added to entire house in every bedroom, common area, stairways etc both kitchens need to be wired to current code bathrooms both need 20 amp ground fault circuits all new lighting fixtures are needed throughout entire house and porch lighting Six recess lights in each kitchen will be supplied and installed first floor will need a new 40 circuit 100 amp panel all plugs and switches need to be swapped out all lighting circuits will be arc volt breakers All new cellar lighting will be installed labor and material Continue to the next page 4,200.00 10,075.00 11,850.00 Donaldson Home Improvement, LLC Donaldson Home Improvement LLC Estimate 23 Elliott Dr Lowell, MA 01852-3703 Date _ Estimate No. (978)502-7789 k9diesel@comcast.net (Address Dave Seymour 88 - 90 Saunders Street North Andover. Ma 01845 01/26/2014 1004 Exp. Date. 02/26/2014 ServiceActivity.; - Amount Demolition • Clean out existing building all floors into dumpsters 10,550.00 demolition of bathroom down to studs on second floor demolition of kitchen cabinets only remove all carpeting on all floors will need at least six thirty yard dumpsters for all debris and construction material labor and material Doors • new front and rear door supplied and installed screen doors not included Roofing • strip existing roof down to ply wood / roof boards install grace ice damn all edges install new lead around chimney install 8 inch drip edge on all edges install 30 year architectual shingles and caps all debris removed in dumpster labor and material Siding • install 3/8 foam insulation over existing siding wrap all window trim and facure boards with white aluminum install double four vinyl siding on entire exterior outside comers will be white all soffitts will have vinyl siding installed front porch will have vinyl on both ceilings to the next page 1,250.00 11,340.00 14,345.00 Page 3 of 4 Service :Activity Amount Plumbing • install new toilets, sinks, faucets, second floor tub/shower, mixing valves, 22,750.00 install two new boilers install two new water heaters update all new base board finish in entire house handle any and all frozen pipes encountered upgrade gas line New vanity and pedastil sinks included as well as brushed nickel faucets Washer and dryer hook ups will be removed from kitchen areas on both floors and installed in basement. Each floor will have designated washer dryer area. All tile included in bathrooms • entire interior of house needs to be painted 8,680.00 all wall, ceilings and wood work all will be primed and painted with califomia paint neutral wall color and semi gloss white trim • entire house needs new interior doors 11,560.00 Solid core six panel doors with brushed nickel hinges and knobs will be used new locking door set front and rear door Flooring • most of hard wood flooring can be sanded down 11,650.00 floors have a heavy layer of glue that will require extra sanding but should be fine kitchen file floors will be removed down to sub floor New hardwood flooring will be installed in both kitchen areas dining rooms have subfloor and tiles . this will be taken up hoping to refinish hardwoods under Install new hardwood flooring as needed in entire house front stairs will be sanded and sealed as well as back stairs kitchen • same exact cabinet layout will be used 15,400.00 X cabinets solid maple wood with Esspresso finish will be used in both kitchens Stainless dishwasher, microwave and range will be included on each floor basic sinks and faucets included labor and material Insulation • any walls opened will have R15 insulation installed 5,510.00 basement floor ceiling will be insulated with R30 in each bay Blown in insulation will be completed in entire house from the outside to cover any areas not insulated Continue to the next page Page 4 of 4 Service Activity Amount . Sheet rock • numerous holes and cracks need to be repaired throughout the house 4,750.00 all areas will be patched and skim coated All areas that had walls opened up, bathrooms and kitchens will have blue board and plaster installed with a smooth glass like finish Permit Fee • all permitting through town of North Andover will be included 1,300.00 Asbestos • Asbestos testing and removal of material on site. 4,500.00 Cement floor • Poor new cement floor in entire basement which is currently dirt. Cement will be four inches 5,000.00 thick and smooth finish. Parge and paint • Entire foundation will be checked any loose mortar will be taken out and new mortar 1,950.00 foundation installed. Once complete entire foundation will be painted battle ship grey terms • all sub contractors will be required to have liability insurance and workers compensation 0.00 any major unforseen changes will be addressed immediately with owner if payment terms are not met during construction work will cease attic will be broom finish clean only one third due upon start of work second third due upon all rough inspections are complete and new roof and windows are installed half of final third due upon kitchens cabinets installed and painting has started final half third upon completion Construction • Construction from start to finish will take approximately 104 days. 0.00 time frame Demolition and clean out of house will take approximately 13days. Roof, windows, siding, exterior decks, interior framing, pour cement floor, rough electrical and rough plumbing will take approximately 21 days Insulation, blue board, heating systems, install hardwoods in kitchen, ,install all interior doors, install kitchen cabinets will take approximately 21 days Painting, finishes all hardwood floors, tiling, counter tops, finish electrical and plumbing, finish trim work, and kitchen counters will take approximately 21 days. Punch lists, final touch ups, inspections 14 days. Have a grace period of 14 days for anything that slows our process during construction. Accepted By Accep.- — — ; COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ATTORNEY GENERAL FOR THE COMMONWEALTH OF MASSACHUSETTS and TOWN OF NORTH ANDOVER, Petitioners No. 13 -CV -0246 V. PETER E. MOSES, as owner of 88-90 Saunders Street, North Andover, MA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2007-5CB MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property, Respondents NOTICE OF MOTION Please take notice that the Motion to Approve Receiver's Budget is scheduled for hearing on February 11, 2014, at 9:00 am at Northeast Housing Court, 2 Appleton Street, Lawrence, MA. City Light Homes, LLC Receiver By its attorney 7 James M. C e Cote Law Offices 246 Andover Street Peabody, MA 01960 (978) 278-5850 BBO No. 557178 Sawyer, Susan From: Sawyer, Susan Sent: Tuesday, February 11, 2014 4:37 PM To: Bellavance, Curt; Maylor, Andrew; Donnelly, Ed (AGO) (ed.donnelly@state.ma.us) Subject: additional update In response to the email, I contacted City Light Homes just now to let them know that there is a TRC, Technical Review Committee, meeting scheduled for tomorrow morning at 10 AM. I let the receiver know that the numerous departments gather for the meeting and although not scheduled, if he were to come in prior to 10 that we would make every effort to give them the information that the receiver needs to get the project started. Both building and conservation staff need to speak with him prior to beginning any work such as demolition. The receiver let me know that they need to begin construction a few days later than anticipated; possibly Monday. They have decided to make a television episode out of the Saunders Street project. Dave, from City Light Homes, told me that the Town would have input as to the format. Whether it is a house renovation project without the N. Andover name attached to it or whether it highlights N. Andover. He said they will be sensitive to the Town's position. Please let me know who would like to discuss the second part of this email with the receiver and I will be sure to give them the contact information. Thank you, Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com From: Donnelly, Ed (AGO)[mailto:ed.donnelly@state.ma.us] Sent: Tuesday, February 11, 2014 4:09 PM To: Bellavance, Curt; Sawyer, Susan; Maylor, Andrew Subject: update on today's hearing Hi All, I wanted to update you on the court hearing today for Saunders Street. The receiver's budget was approved by the court. Dave Seymour, our receiver, was there with his GC for the project, Todd Donaldson. I talked to Todd and Dave. They plan on beginning cleanout/demo tomorrow, and they hope to be completely done with the project in three months, which is great news. Todd mentioned that he would like to introduce himself to some of the town folks, so I suggested he stop by to see Susan and Curt (in addition to stopping by the building department for the necessary permitting, of course). Todd is also a Lowell Police Officer in addition to having a home remodeling/repair/construction business. I know the town is anxious to get this moving, so I think you will be glad to hear that work will begin so quickly and hopefully remain on a fast timetable. Maybe this makes up for the delays we had getting things going! As always, please let me know if you have any questions. Thanks, Ed Edmund Donnelly Assistant Attorney General Government Bureau / Trial Division One Ashburton Place, 18th Floor Boston, MA 02108 (p) 617-963-2048 (1 617-727-3076 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://Www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Peter E. Moses 88-90 Saunders Street North Andover, MA 01845 TOWN OF NORTH ANDOVER Office of the Building Department Community Development and Services 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 February 28, 2013 Re: 88-90 Saunders Street (Assessors Map 040.0, Block 0007, Lot 0000.0) Dear Mr. Moses, An inspection conducted on February 28, 2013 of 88- 90 Saunders Street, North Andover, Massachusetts with Police Department Lt. Charles Gray and Fire Chief Andrew Melnikas revealed an unsafe structure, evidence of drug use, abandoned and uninhabitable and open to the weather. Found in both units was human excrement and used syringes. The condition of the interior living area would be indicative of a transient element residing within. A notice will be affixed on the exterior walls pursuant to CMR 5121 established by M.G.L.c. 143, 6,7,8,9 and 10 , deeming the structure to be unsafe and uninhabitable. According to 2009113C Section R 111.3 Authority to disconnect service utilities, the Building Official shall have the authority to authorize the disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section R102.4 in case of emergency where necessary to eliminate an immediate hazard to life or property, since the property poses an inherent danger the utilities have been disconnected. Sincerely yours, Gerald Brown Inspector of Buildings CC: Andrew Maylor Curt Bellavance Chief Andrew Melnikas Chief Paul Gallagher Lt. Charles Gray v ►1^-''�tt,1'w.s/`�%i fly--., V d ct��. �� ��� 1n� b • C.0 ICA i URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS I URBELIS e-mail tju@uf-law.com January 22, 2014 Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: 88-90 Saunders Street Dear Members: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 JAN 2 3 2 014 TOWN CF NG,: H AAUQQ -fit ''EAI T : U: PART .TE i Enclosed please find an Amended Order for Appointment of Receiver under Gen. L. c. 111, § 127I dated January 21, 2014. As always, please call if you have any questions. Very truly yours, Tho J. Urbelis TJU/kmp Enclosure cc: Andrew Maylor (w/enc) Curt Bellavance (w/enc) Susan Sawyer (w/enc) Chief Paul Gallagher (w/enc) Gerald Brown (w/enc) COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Commonwealth of Massachusetts Office of the Attorney General Town of North Andover Plaintiff Bank of New York Mellon FKA The Bank of New York Peter E Moses Defendant AMENDED No. 13 -CV -0246 ORDER FOR APPOINTMENT OF RECEIVER UNDER GEN.L. c.111 §1271 It appearing that violations of the sanitary code in property located at 88-90 Saunders Street, North Andover, MA 01845_ owned by Bank of New York Mellon FKA The Bank of New York;Peter E Moses will not be promptly remedied unless a receiver is appointed, and that such appointment is in the best interest of occupants residing in the property, the application under Gen.L. c.111 §1271 for the appointment of City Light Homes, LLC as receiver is allowed. This case shall be further heard at the Lawrence session of the Northeast Housing Court at 2 Apppleton Street at 9:00 o'clock1.m. 31st day, January 20 14 The owner shall forthwith file a list of all mortgagees and lienors, whether or not of record, and all other persons having any financial interest in the property. The plaintiff shall forthwith serve by certified mail copies of this order and of the complaint, motion, and other papers which support it, upon all mortgagees and lienors and others known or believed to have a financial interest in the property. The receiver shall promptly repair the property and maintain it in a safe and healthful condition. The receiver shall have full power to borrow funds and grant security interests or liens on the affected property, to make such contracts as the receiver may deem necessary. The receiver is authorized and directed to collect all rents and to apply the rents to payment of any repairs necessary to bring the property into compliance with the sanitary code and to necessary expenses of operation, maintenance, and management of the property, including insurance expenses and reasonable fees of the. receiver, then to payment of unpaid taxes, assessments, penalties or interest, and then to any payments due mortgagees and lienors of record. The receiver shall have a lien, effective when recorded in the registry for the county in which the property is located, with priority over all other liens or mortgages except municipal liens, to secure payment of any costs incurred and repayment of any loans for repair, operation, maintenance or management of the property. The receiver's lien may be assigned to lenders for the purpose of securing loans for repair, operation, maintenance or management of the property. The receiver shall not be required to furnish bond or surety, but shall provide proof of suitable liability insurance to be approved by the court. Liability of the receiver shall be limited to the assets and income of the receivership, including proceeds of insurance purchased by the receiver in capacity as receiver. The receiver shall in no instance be personally liable for actions or inactions within the scope of the receiver's capacity as receiver. No suit shall be brought against the receiver except as approved by the court which appointed the receiver. The receiver shall serve and file with the court and with all parties of record, on a bimonthly basis, an accounting of all funds received by and owed to the receiver, and all funds disbursed. Nothing in this order shall relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner, nor shall this appointment suspend any obligation the owner or any other person may have for payment of taxes, of any operating or maintenance expense, or of mortgages or liens, or for repair of the premises. Timothy F./Sullivan First Ju ice Dated: / v�J Blackburn, Lisa From: Sawyer, Susan Sent: Friday, January 10, 2014 8:59 AM To: Grant, Michele; Blackburn, Lisa Subject: FW: 88 Saunder's Street receiver approved fyi From: Sawyer, Susan Sent: Friday, January 10, 2014 8:59 AM To: Bellavance, Curt; Gallagher, Paul; Maylor, Andrew; Melnikas, Andrew Cc: Brown, Gerald Subject: 88 Saunder's Street receiver approved Good Morning, Please be advised that yesterday, January 9th, Judge Sullivan of the Northeast Housing Court appointed City Light Homes at the receiver for 88 Saunders Street. No party representing the owner of the property was present. Dave Seymour, co-owner of City Light Homes was present. His contact information is: dave@citylighthomes.com Cell 781244-3804 Home office 781592-0404 The next step is for City Light Homes to gain access to the property and work up a cost estimate for the renovation of the building. A budget will be brought to court on Friday January 31St for approval. Once the court approves the budget; City Light can work up a timeline for the work to be done. Dave is planning on sending a crew as soon as possible to gain entry. I am notifying you of this so that you are aware in case reports from the neighborhood come in to the PD or Town Manager's office. If any party wishes to be present when they gain access, or if there are any other questions for the receiver, please contact Dave Seymour. Thank you Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com North Andover Health Department (ommunity Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 12, 2013 To Owner of Record: Mr. Peter Moses 88 Saunders Street North Andover, MA 01845 Dear Mr. Moses Property Location: 88-90 Saunders Street North Andover, MA 01845 According to our records, you are the owner of property located at the above address. This property has been found in violation of 105 CMR 410.602 MAINTENANCE OF AREAS FREE FROM GARBAGE AND RUBBISH. According to regulation 410.602 (A) of the State Sanitary Code, Chapter II; "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affect the health or safety and well-being of the occupants of 'any dwelling or of the general public." In addition to the exterior of the property, the interior of this unoccupied building is in an unsanitary and unsafe condition. There are numerous violations to 105 CMR 410.602A, .500, .503, .551. The condition was so severe that the Inspector of Buildings, along with the North Andover Fire Department, determined it was necessary to board up the property to protect the public. Town officials reported general filth and piles of trash throughout; including hypodermic needles. The premise was vacant and there were broken windows that allowed illegal entry by persons using the location for drug activity and shelter. The openings also allowed entry of animals and pests. Premise had strong odor of cat urine and fecal matter. You are hereby notified to clean the above-mentioned property within Forty Eight hours (48) of receipt of this notice or submit proof of the engagement of a licensed contractor to correct violations to the Sanitary Code; along with a list of action items and a timeline for corrections not to exceed 30 days. This premise shall remain unoccupied until such time that the North Andover Board of Health, along with the Building Department and Police Department have inspected and provided a written approval to occupy. 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 fax 978.688.8476 Web www.townofnorthundover.com 88-90 Saunders Street June 12, 2013 You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. The next Board of Health meeting is on June 27, 2013. You have the right to inspect and obtain copies of all relAvant records concerning the matter to be heard. Y. Saw�er, Cc: Curt Bellavance, Community Dev. Director Gerald Brown, Inspector of Buildings Dr. Thomas Trowbridge, Board of Health Chairman 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com COMMONWEALTH OF MASSACHUSETTS ESSEX, ss: HOUSING COURT DEPARTMENT NORTHEAST DIVISION Civil Action. No. ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS and the TOWN OF NORTH ANDOVER Petitioners, V. PETER E. MOSES, as owner of the property located at 88-90 Saunders Street, North Andover, Massachusetts, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-5CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-5CB, as a party with an interest in the property Respondents. AFFIDAVIT OF SUSAN Y. SAWYER SUSAN Y. SAWYER, for her affidavit under oath, states: • I am the Public Health Director for the North Andover Health Department ("the Department"). I have served as the Public Health Director since 2004. In this role, I am responsible for ensuring that properties within North Andover comply with the State Sanitary Code, 105 CMR 410.00, et seq. ("the Code"). Further, one of my responsibilities is issuing Order Letters to the owners of properties that have been found in violation of the Code. 0 Since approximately January of 2011, the property located at 88-90 Saunders Street ("the Property") has drawn the attention of the Department and other town agencies, as a home requiring frequent involvement of our public safety officials and for exhibiting numerous violations of the Code. As such, I have personal knowledge of the facts recited in this affidavit and have been closely monitoring the various investigations and town involvement at the Property. • On June 12, 2013, I issued an Order Letter to Mr. Peter Moses notifying him that the exterior of the Property was found to be in violation of 105 CMR 410.602 because garbage was strewn about. Similarly, I informed Mr. Moses that the accumulation of garbage on the interior of the Property was a violation of 105 CMR 410.602. Additionally, the letter cited violations of 105 CMR 410.500, 410.503, and 410.551 in the interior of the Property. A copy of this letter is attached as Exhibit A. • Town officials discovered that the premise was vacant and there were broken windows that allowed illegal entry by persons using the location for drug activity and shelter. The openings also allowed entry of animals and pests. These factors indicated that the dwelling was not secure and weathertight, in violation of 105 CMR 410.500. • Town officials reported general filth and piles of trash throughout, including hypodermic needles. The premise had a strong odor of cat urine and fecal matter. These conditions constituted a violation of 105 CMR 410.602. • The condition of the Property was found to be so dangerous that the Inspector of Buildings, along with the North Andover Fire Department, determined it was necessary to board up the property to protect the public. The Order Letter notified Mr. Moses that he had forty eight (48) hours to clean the Property, or to submit proof of the engagement of a licensed contractor to correct the violations of the Sanitary Code. • As of today's date, no efforts have been made to bring the Property into compliance with the Code and the Property remains in violation of the Code and a severe threat to the health and safety of the community. Signed under pains and penalties of perjury this day 23rd of October, 2013. san Y. Sa er Public Health Director North Andover Health Department rd On this day of 6c-V�&' , 2013, before me the undersigned notary public, the above individual personally appeared and is known to me, or has satisfactorily proven to me, to be a person who has proper authority to execute this document. In witness whereof, I hereunto set my hand and official seals. Notary Public !`i JEAN P. ENRIGHT Notary Public Y Y p (1CrAF 2DI C0171r ea Wgefls M Notary Expires EON October 6, 201 7 North Andover Health Department Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER ELL�Lcopy Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: June 12, 2013 To Owner of Record: Mr. Peter Moses 88 Saunders Street North Andover, MA 01845 Dear Mr. Moses Property Location: 88-90 Saunders Street North Andover, MA 01845 According to our records, you are the owner of property located at the above address. This property has been found in violation of 105 CMR 410.602 MAINTENANCE OF AREAS FREE FROM GARBAGE AND RUBBISH. According to regulation 410.602 (A) of the State Sanitary Code, Chapter II; "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affect the health or safety and well-being of the occupants of any dwelling or of the general public." In addition to the exterior of the property, the interior of this unoccupied building is in an unsanitary and unsafe condition. There are numerous violations to 105 CMR 410.602A, .500, .503,.55 1. The condition was so severe that the Inspector of Buildings, along with the North Andover Fire Department, determined it was necessary to board up the property to protect the public. Town officials reported general filth and piles of trash throughout; including hypodermic needles. The premise was vacant and there were broken windows that allowed illegal entry by persons using the location for drug activity and shelter. The openings also allowed entry of animals and pests. Premise had strong odor of cat urine and fecal matter. You are hereby notified to clean the above-mentioned property within Forty Eight hours (48) of receipt of this notice or submit proof of the engagement of a licensed contractor to correct violations to the Sanitary Code; along with a list of action items and a timeline for corrections not to exceed 30 days. This premise shall remain unoccupied until such time that the North Andover Board of Health, along with the Building Department and Police Department have inspected and provided a written approval to occupy. 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 88-90 Saunders Street June 12, 2013 You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. The next Board of Health meeting is on June 27, 2013. You have the right to inspect and obtain copies of all reAvant records concerning the matter to be heard. Y. Sawyer, TT 1. Cc: Curt Bellavance, Community Dev. Director Gerald Brown, Inspector of Buildings Dr. Thomas Trowbridge, Board of Health Chairman 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i • .i bn � 0 o ,44 E V .11 w North Andover Health Department Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 12, 2013 To Owner of Record: Property Location: Mr. Peter Moses 88-90 Saunders Street 88 Saunders Street North Andover, MA 01845 North Andover, MA 01845 Dear Mr. Moses According to our records, you are the owner of property located at the above address. This property has been found in violation of 105 CMR 410.602 MAINTENANCE OF AREAS FREE FROM GARBAGE AND RUBBISH. According to regulation 410.602 (A) of the State Sanitary Code, Chapter II; "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affect the health or safety and well-being of the occupants of any dwelling or of the general public." In addition to the exterior of the property, the interior of this unoccupied building is in an unsanitary and unsafe condition. There are numerous violations to 105 CMR 410.602A, .500, .503, .551. The condition was so severe that the Inspector of Buildings, along with the North Andover Fire Department, determined it was necessary to board up the property to protect the public. Town officials reported general filth and piles of trash throughout; including hypodermic needles. The premise was vacant and there were broken windows that allowed illegal entry by persons using the location for drug activity and shelter. The openings also allowed entry of animals and pests. Premise had strong odor of cat urine and fecal matter. You are hereby notified to clean the above-mentioned property within Forty Eight hours (48) of receipt of this notice or submit proof of the engagement of a licensed contractor to correct violations to the Sanitary Code; along with a list of action items and a timeline for corrections not to exceed 30 days. This premise shall remain unoccupied until such time that the North Andover Board of Health, along with the Building Department and Police Department have inspected and provided a written approval to occupy. 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 88-90 Saunders Street June 12, 2013 You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. The next Board of Health meeting is on June 27, 2013. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Y. Savo(er, Cc: Curt Bellavance, Community Dev. Director Gerald Brown, Inspector of Buildings Dr. Thomas Trowbridge, Board of Health Chairman 1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com (JO Ipr-�_ U) U)C3 LI Aa U) O C7 (JO lse LI Aa U) O !Ni t L4 . ::, L < (JO t L4 . ::, L < IN U.1 C) f11 c) Liu to LU «AjllIra uj Z. LLJ rl (JO