HomeMy WebLinkAbout- Legal Document - 31 MOODY STREET 12/1/1978 REAL ESTATE AGREEMENT 223
made this day of December,
A. D. 19 78, between Donna Lee Brown, Administrator of the Estate of Mary Moody
Selden, Essex County Probate Docket No.
of the first part, and Benjamin C. Osgood, of 69 Old Village Lane, North Andover,
Essex County, Massachusetts,
of the second part.
The party of the first part hereinafter referred to as the SELLER hereby agrees to JnJV'And the
party of the second part hereinafter referred to as the BUYER agrees to pmr1law a certain estate
situated in North Andover, Essex County, Massachusetts, on the Northerly side of
Moody Street, and being shown as Lots numbered fifty-four (54), fifty-five (55) and
fifty-six (56) on plan of land entitled: "Plan of Land Owned by Mary Moody Selden,
Located in North Andover, Mass. , Charles E. Cyr, Civil Engineer" and to Which
plan reference maybe had for a more particular description,
Said Lots numbered fifty-four (54) and fifty-five (55) will be conveyed subject to
a twenty foot drain easement as shown on said plan.
The contemplated deed will contain the following restriction:
"No building or structure shall be Placed on any lot above
referred to other than a single family dwelling.
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Said premises are to be conveyed on or before l e anew 30 197g�ount 'robate ourt,
good and sufficient administrator's deed under �of throe PSESERR, conv�ying a-good and
clear title to the same, free from all encumbrances, except:
(a) Provisions of local zoning Iaws, if any;
(b) Existing rights created by instruments of record in party or partition walls (if any) ;
(c) Such taxes for the current year as are not due and payable on the date of the delivery of such
deed, and any liens for municipal betterments assessed after the date of this agreement.
(d) Drainage easement as hereinabove set forth.
(e) Such easements and restrictions as are in force and applicable.
To enable the SELLER to make conveyance as herein provided, the SELLER may, if the SELLER
so desires, at the time of the delivery of the deed, use the purchase money or any portion thereof to clear
the title of any or all encumbrances or interests; all instruments so procuied to be recorded simultan-
eously with the delivery of said deed.
It is contemplated that the Seller shall secure a License to Sell from the
Essex County Probate Court as soon as possible, if for any reason such License
is not issued by the said Probate Court by January 30, 1979, this agreement shall
automat cally be extended for sixty (60) days=
and for such deed acid conveyance the BUYER is to pay the sum_of
- - - Fifty-Four Thousand One Hundred Fiftyy ($54, 150.-'00) ---- --------� --_ dollars
of which - - Fifty-Four Hundred Fifteen ($54I5. 00) - dollars
have been paid this day, and the balance is
Into be paid in cash upon the delivery of said deedfxdtie�a� � �� f'x
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Full possession of the said premises, free of all tenants
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is to be delivered to the BUYER at the
time of the delivery of the deed, the. said premises to be then in the same condition in which they now
are by fire or other unavoidable casualty
excepted.
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� � � Taxes, shall be apportioned as of the day of delivery
of the deed, and the taxes MnMW979 shall be paid by the second party.
The deed is to be delivered and the consideration paid, if the purchaser so requires, at the Registry
of Deeds in which the deed should by law be recorded, on January 30, 19 79,
at ten o'clock A. M. unless some other place and time should be mutually agreed upon.
If the SELLER shall be unable to give title or to make conveyance as above stipulated, any pay-
ments made under this agreement shall be refunded, and all other obligations of either party hereunto
shall cease, but the acceptance of a deed and possession by the BUYER shall be deemed to-be, a full
performance and discharge hereof.
NO
IT IS 'UNDERSTOOD THAT AXBROKER'S COMMISSION ft-'x :Pe0XXMtXX
on the said sales has been contracted by either panty.
The contracting parties agree that this contract contains all the terms and conditions of this sale.
It is mutually agreed that any oral representation made by either party prior to the signing of this
agreement is null and void.
Time is of the essence.
In witilroo w4,er..-.Vf, the said parties hereto, and to another instrument of.like tenor, set their
hands and seals on the day and year first above written.
Signed and seated in presence of
E4N TUf EAN... . -------- 4»
DAonna Le rown
Administrator of the Estate of Mary
------------------------- Mt�t�dyidn
Benjamin. C. O good
Lada J. Colson
The time for the performance of the foregoing agreement is extended until
Witness our hands and seals this day of I9
{
Donna Lee Brown, Administrator
of Estate of Mary Moody Selden.
with
Benjamin C. Osgood
Artrutunt
�u
[REAL ESTATE]
From the ofaee of
Eaton & Chandler
728 Bay State Building
Lawrence, Mass. 01840 m
Tel 685-5123 Ia
N
RETURN TO
HO6BS&WARn EN, INC.
PUBLISHERS STANDARD REGAL FORMS
00670M - MASS.
FORM 223 p
REVISED 1070