HomeMy WebLinkAbout1985-11-12 Purchase & Sale Agreement-Lot 7 r
FROM THE OFFICE OF:
STANDAR® FORM
PURCHASE AND SALE AGREEMENT
This Agreement prepared thl
llth day ai_ S e P t • — f`8�
Time Is of the essence.
Joanne Manship Trustee of
1. PARTIES Jennifer Realty Trust
hereinafter called the SELLER, agrees to SELL and
Ilagen and Sandra Lwowski , 14 4ludson Terrace , Lynn , MA Oi905
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the i
following described premises:
Land and dwelling known as Lot 7 Windsor Inane , North
2. DESCRIPTION Andover , Mass • as .more parti cularyd described in deed
Plan of Land deed June 27,
dal d 5/l/86 , Instrument # 11549
198E attached hereto as Echibit A..
3. BUILDINGS, included in the sale as a part of sold premises are the buildings, structures and improvements now
STRUCTURES, thereon, and the fixtures belonging to the SELLER and used In connection therewith Including, If any, all
IMPROVEMENTS, venetian blinds, window shades,equipment over ranges,s, screen � stormand gas burners andrflxluawnings,
esn appurtenarnt
FIXTURES furnaces, heaters, heating eq p
-- therein, hot water heaters, plumbing and bathroom fixtures, electric end
andother
blu built In,Nairurconditioning
outside television antennas, fences, gates, trees, shrubs, all items
equip ent ventilators, garbage disposers,dishwashers,washing machines and dryers; and
set pior�h on Jennifer Road Specifications" attached hereto as Exhibit B.
Structure will be substantially ccnVlete at least 5 days prior to closing.
to
GUYIER, or to
4. TITLE DEW Said premises are to be oanv UYER b�wri/t n nnd uoticle toent the SELIEclaim �tr!aaEnaeven days t�efor0 the
-- -- --- the nominee designated by theY
deed is to be delivered as herein provided, and said deed shall convey a good and clear record an
marketable title thereto,free from encumbrances,except
(a) provisions of existing building and zoning laws;
(b) Existing rights and obligations In party walls which are not this subject of written agreement;
(c) Such taxes for the then current year as are not due and payable on the date of the delivery of such
deed,
(d) Any Ilona for municipal brattermants assessed after the date of this agreement,
(a) Subject to easements and restrictions of record which do not substantially affect the use of the
property.
(f)
5. PLANS it said deed raters to a pion necessary to be recorded therewith the SELLER shall deliver such plan with
- the deed In form adequate for recording or registration.
6. RC{315TERED in addition to the foregoing,It the title to Bold premllioa is reglsterod, said deed shail,be In form sufficlent
TITLE to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said
deed all Instruments,It any, necessary to enable the BUYER to obtain such Certificate of TIRIo•
7. PURCHASE The agreed purchase price for said premises fs
PRICE
($299 ,900 .00)
Two hundred ninety-nine thousand nine hundred dallars, aiwhlch
$ 30 ,000 . 00 have been paid as a deposit this day and
$ 2 b9 ,900 . 00 aro to be paid at the time of delivery of the deed in cash, or by certified,
cashier's, treasurer's or bank check. `
$
$ 299 ,900 . 00 Total
B RS INITIAL *SELLRSTIAL
' Greater Lawrence Board of Roailors inc.,Form 0306•
1
2 .00 o'clock P . M.
TIME FOR Such deed is to be delivered on or before day of November ii6 , at the
PERFORMANCE on he 5 th North Essex Registry of feeds, unless otherwise agreed
upon In writing. it Is agreed that time Is of the essence of this agreement,
9. POSSESSION Full possession of said premises, FREE OF ALL TENANTS AND OCCUPANTS, except as herein
AND CONDITION provided,
OF PREMISES
is to be delivered at the time of the delivery of the deed, Bald premises to be then (a) In the some
condition as they now are, reasonable use and wear thereof excepted, and (b) not In A ton of saki
building and zoning laws, and (c) In compliance with he provisions of any Instrument referred to In
r to the delivery
clause 4 hereof. The 13UYER shall be
to determine ne whether thelconditioned to an lthereof compiles ion of dwith hie terses m
the deed !n terms this clause. at
10. FAILURE TO if the SELLER shall be unable to glue title or to make conveyance, or todeliver pobseaslon do not
of he
PERFECT TITLE promises, all as hereinstipulated,
o then aany payment t the time of tmade he ®lunderthlsagre�emeri deed tshall be ere refunded
conform with the provisions
and all ocher obligations Of the parties hereto shall cease and this agreement shall be vale and without
recourse to the parties hereto, unless the SELLER stoats to use reasonable efforts to remove any
defects In tills, or tosdololvcras possession
In wrm to the
hichleve tthe SELLER shallrein, of to make tgive writtten nhe sold loticce theses reof to the
provisions hereof.
BUYER at or before the time for performance thereunder, and thereupon the time for performance
hereof shall be extended for a period of thirty days.
11. BUYER'S'S The BUYER shall have the election, at either the original or any extended time for performance, 1a
ELECTION TO accept
such the title
urchaset�price eLLER w lhoutndedluctlon. in cane iver to the saidofrdamage to in hthe theneir conditionprom Iby fire or other
ACCEPT TITLE thereforp
casualty, and unless the property shall previously hsve been restored to its farmer condition by the
SELLER, the BUYER msy 1at his of this tlonethat thoISELLE this Rrpay aver or aesgnO@ment, and von der elivery sOPthe
hereunder or require as paragreement
deed, all sums recovered or recoverable on any end all insurance covering such damage.
be, shall be
12. ACCEPTANCE OF The performance
of a deed by the BUYER or his
r�nt nds the oblig ton hese roin contained deemed
o e Prime d,
DEED Y D full except
such
and discharge a every ag
except such as are,by the terms hereof,to be performed after the delivery of said deed., �.
catiplete construction of structure.
.
13, UStw OF PU CLEAR To enable of h deed u®E1heEpuroFtdse money A to make era a Y po as rtion, thereoeirl lttoo plea SELLER
the title ofaany time of
encumbrances
MONEY TO
TITLE or Interests, provided that all Instruments so procured are recorded simultaneously with he delivery of
said deed or within live days hereafter If additional time Is needed to procure the Instrument necessary
to discharge the encumbrance,
14. INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance on sold premises as follows:
As presently insured
15. ADJUSTMENTS Collected rents, Weller and sewer use charges, and to rmance of for the ethle agree
x current n®nt n dar l be he nelortioned
amounl
and fuel vela® shall be adjusted, as of the day of pe
rfothereof shall be added to or deducted from, as the case may be, the purchase pvlce payable by the
BUYER at the time of delivery of the deed. Uncollected rent for the current rental period shall be
by either party. Security deposits shall be accounted for and
apportioned if and when collectedent, It the amount of
transferred as of the day of performance
Of t ib® ap
portioned toned on the basis of he taxes assessed known
the
live time of the delivery of cite they
preceding year with a reapportionment deliverysoon as the ht7eed tax rate and valuation can be ascertained,
which latter provision Shot
survive the
18. BROKER'S FEE A broker's fee for professional services of $4000. 00
is due from the SELLER to Jones Agency to be paid to Jay Dwyer
� �xtt+�t 617�aatc � s
the Broker herein, t> ttaRt�f .iElirvttetaetdr
7�pt4 citiAtlf41111�t3 �t itt'k'�t�IC]lt ?VAi�891t1S1t��i}:
� >lestt�kxriaac � xrxxR�o�t�t�arodci�cSh�a�o�ok�rtton�t4�odmamboatet
�Srtfl�7(��t�11413b�C>f�i�4t�t;MlQtgl3�K liXff�1N�,
B� NITIAL SELL RS INITIAL
i
17, BROKER The Broker(s)name herein Jones Agency
WARRANTY warrants that he is duty licensed as such by
the Commonwealth of Massachusetts.
18, DEPOSIT All deposits made hereunder shall be hold by th"KR86 Seller
subject to the terms of this agreement and shall be
duly accounted for at the time for performance of this agreement. In the event of dispute between seller,
buyer and/or broker as to any or all of the provisions of this agreement or the performance thereof the
broker shall retain ail deposits hereunder In his escrow account until the dispute is resolved either by
Court judgment or by binding settlement between parties.
19. BUYER'S tf the BUYER shall fail 10 fulfill the BUYER's agreements heroin, all deposits made hereunder by the
DEFAULT: BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time
DAMAGES for performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER In
writing. This shall be the SELLER'S sole and exclusive remedy In law and equity.
20. BROKER AS The Broker named herein, joins In this agreement and becomes a party hereto, In so for as any
PARTY provisions of this agreement expressly apply to him, and to any amendments or modifications of such
provisions to which he may agree In writing.
21, WARRANTIES The BUYER acknowledges that the BUYER has not been Influenced to enter Into this trensactlon nor has
AND he rolled upon any warranties or representations not set forth or Incorporated in this agreement or
REPRESENTATIONS previously made In writing, except for the following additional warranties and representations, It any,
made by either the SELLER or the Broker, If none, so stale:The BUYER shall hold both SELLER and
Broker harmless for knowledge of public record, Public record shall mean federal, state and municipal
agencies.
22, FINANCING The BUYER agrees to apply promptly bay p�gy�n at, FHA,VA,
mortgage loan in an amount of $_ �3UU• from an Institutional tender at current Interest
rates, points, and ter rrl9 I[ the BUYS},havjTg ed all due diligence, fells to obtain a firm commitment
for such a loan by—
all v e [V k tS b
all payments made hereunder by the BUYER shall be forthwith refunded and all
other obligations of the parties hereto shalt cease,The BUYER shall be deemed to ha6a waived bls rlghls8
under this paragraph If the SELLER and Broker have not been notified In writing by G C l l -1—�1
of the BUYER's inability to obtain said mortgage commitment.
23, INSPECTION The BUYER shall hove the right to obtain a home inspection, fit BUYER'S expense, and k W od Boring
Or 7jam Inspection, at BUYER'S expenso, by consultants of the BUYER'S choosing by____L A
v�I H . If the BUYER Is not satisfied with the results of such Inspeotlons, 1114 Agreement may
be term�71gd by the BUYER by notifying the SELLER and Broker in writing, on or before
and the deposit will be returned to the BUYER.
24. LEAD PAINT ,The BUYER ogress that if bny child 6 years of age or under resldeo In sold premtsos after the time 01
the closing of the sale, that the BUYER will be responsible for compliance with any provision of the State
Statutes or Building Code relating to or regulating levels of lead paint In said premises.
25 SMOKE The SELLER shall supply a smoke detector certificate of compliance at the time of performance of this
DETECTOR agreement.
CERTIFICATE
26. CONSTRUCTION This Instrument, executed In 4 pats, is to be construed under the laws of Massachusetts, Is 10
OF AGREEMENT take effect as a sealed Instrument, sets forth the entire contract between the parties, is binding upon
and enures to the benefit of the parties hereto and their respective heirs,. devisees, executors,
administrators, successors and assigns, and may be cancelled. modified or amended only by a written
Instrument executed by the parties hereto or their legal representatives. If two or smote persons are
named herein as SELLER or BUYER their obligations hereunder shall be joint and several.
•r
BUYER/IN—rIAL SELL S ITIAL
27. ADDITIONAL
1 . Subject to Buyer obtaining a binding purchase and sales
PROVISIONS agreement on the current residence located 14 Hudson Terrace
Lynn , MA on or before October 5 , 1986 .
` 2 , See attached as-built septic plan which is made a part
of this agreement as "Inhibit D".
3 , See attached plot plan which is made a part of this agreement .;
as ,L,xh:.bit All.
4 , See attached specifications sheet which is made a part of i
this agreement as "Exhibit B".
5 , See attached Limited Warranty which is made a part of
this agreement . as "Exhibit C".
6 . Buyer understands that the road could be continued at the
cul de sac at some future date ,
SELLS enna er ea rust DATE BUYER agen ows x GATE
/ Joanne Mans hip, rustee
SELLER DATE BUYER Sandra Lwows k l DATE
LISTING OFFICE SELLING OFFICE Jones Agency
ExTrENSION
The time for the performance of the foregoing elgre®ment is extended until and Is executed as, a seated
agreement this day of
d
SELLER
DATE BUYER DATE
SELLER
DATE BUYER DATE
EXTEMBION SIEGARDIMI i FINAMNO
The parties hereby agree that the SUYER shad have until 10 notify the SELLER(a)and Broker In wrlting of the
BUYER's Inability to obtain a mortgage commitment as provided in Paragraph 22 of the Agreement.
SELLER BUYER
SELLER BUYER
OMOINAL SIGNATURES AND DATES REQUTAED ON ALL COPIES
'l
!f�
EASEMENT
We, Hagen Lwowski and Sandra Lwowski of North Andover, Essex
County, Commonwealth of Massachusetts, in consideration of One
($1. 00) Dollar grant to the Town of North Andover an easement
for a future roadway over land shown as lot 7 on a plan
entitled "Definitive Subdivision Plan of Oakwood, Located in
North Andover, Massachusetts, Owner and Applicant: Flintlock
Realty Trust" dated November 12, 1985, revised January 24 , 1986
and February 28 , 1986, Thomas E. Neve Associates Inc. ,
Engineer--Surveyors-Land Use Planners, which said plan is
recorded with the Essex North District Registry of Deeds as
Plan No. 10252 , said easement to be limited to the area on said
lot 7 shown as Easement For Future Roadway as shown on said
plan.
Also conveying to the said Town of North Andover a utility
easement over the aforesaid lot 7 which said easement shall be
limited to the area designated Utility Easement as shown on
said plan.
For our title see deed of Joanne Manship, Trustee of Jennifer
Realty Trust dated November 7 , 1986 and recorded with the Essex
North District Registry of Deeds Book 2358 , Page 8 .
Witness our hands and seals this day of February, 1990.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss: February , 1990
Then personally appeared the above-named Hagen Lwowski
and Sandra Lwowski before me, and acknowledged the foregoing
instrument to be their free acts and deed
Notary Public
My Comm. Exp.
j
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss April , 1986
Then personally appeared , one
of the above named members of the Planning Board of the Town of
North Andover , Massachusetts , David A. Kindred , Trustee of
Flintlock Realty Trust and acknowledged the foregoing instrument
to be their free act and deed, before me.
Notary Public
My commission expires :
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COMMONWEALTH OF MASSACHUSETTS
ESSEX , s s . April. 5 19
Lib
Then erson'al l appeared
G _
P Y PP - - one of the above named
members of the Planning Boar o ,Massachusetts ,
. the applicant , and the authorized representative of the
Bank , and acknowledged the foregoing instrument to
e t e free act and deed of said parties before me .
Notary Public
My Com.mi ss ion" Expi res
AY Commission Expires Oclober 2,192Z
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