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HomeMy WebLinkAbout1981-09-01 Legal Documents DEF SUB FORM I COVENANT March 25 , 1985 No. Andover , Mass. KNOW ALL MF� by these presents that the undersigned has 1981 submitted an allication dated y the North Andover Planning Board for approval of a Definitive to Plan of a subdivision of land entitled Definitive Subdivision Woods, North Andover , Massachusetts, Plan by Plan of Village Frank C. Gelinas and Associates , Inc. , Engineers and Architects North Andover Office Park, North Andover, Massaschusetts , dated March 17 , 1981 revised February 5 , 1982 and owned by Anthony J. Foresta, address 33 Hig hwood Way, North Andover, Massachusetts, E.ar, c located on Dale Street at its intersection with Village Wa , and showing five proposed lots. Also a Plan of a subdivision of land entitled Supplemental definitive p North Plan for tYae, "d�.'initive subdivision of Village Woods, Kaminski Andover, Massachusetts , Plan by Richard F. nski and Associates, Inc. Engineers, Architects, Land Planners and North Andover, Massachusetts, dated March 11, 1985, Surveyors, and owned by Anthony J. Foresta, address 15' Sagamore Drive, Andover, Massachusetts, land located at the intersection of Dale Street and Village Way, and showing five proposed lots . The undersigned has requested the Planning Board to approve i l; t requiring a performance bond. such pla p withou of Forth Andover IN CONSIDERATION of said Planning Board requiring a raving said plan without in the County of Essex approving agrees performance bond, the undersigned hereby covenants and g n as follows: with the inhabitF-ts of the tow That the uncle =signed is the owner *in fee simp 1, le absolute e Land included in the subdivision and that there are of all the on any of the land, except no mortgages of r cord or otherwise bd below, and that the present holders of ,for those descry , prior to its ,aid mortgages have assented to this contract execution by the undersigned. all must sign. *If there is more than one owner, be an owner or his agent or representative. ,Applicant" may n the or h�.s assigns► but the owner of record must sig covenant. convey any lot in the That the undersigned will not sell or 2• ermanent building on subdivision or e ec" p any lot • or place any f stal-latinn of municipal ion o ways and in until the constrict lot has been com- necessa Y to adequately serve such services conditions, agreements , ed in accoxd�nce with the covenants, plet the following: terms ,and p rovisaons' ` as specified in far Approval of Definitive Plan (Form C) • a , The Application Board' s b. The Subdivision Control. Law and the planningplanning erning this subdivision. Rules and Regulations gov of approval roval and the cond of App The Certifica itions te the 'Planning Board, dated d' c• ` specified therein, issued by September 1981 . j I o —3_ and as qualified by the d. The Definitive plan as approve, Certificate of Approval* specifying construction to be completed, e. ether document(s) p namely, a ed premises However, a mortgagee who acquires title to the mortgaged and any succeeding owner of the by foreclosure or otherwisesell or convey any lot► mortgaged premises or part thereof may to t provides rot portion of this covenant which p subject only built upon until that no lot be Boll or conveyed or shall be ervices lave been provided to serve such lot. ways and s the e�cecutors , 3, That this covenant shall be binding upon of the heirs, successors and assigns administrators , devisees, with the ned and shall constitute a covenant running unders�g operate as land included in the subdivision and shall restrictions upon the land. shall be That particular lots within the subdivision 4 . on the recording of a released fro m the foregoing conditionsup tificate of nerformance execute' by a majority Of the cer s to be the specific lot planning Board an . E .umerating released. prohibit a convey- ,erein shall be deemed to 5,. That nothing covenant► of either the ance by a sin' Yq feed subject to this ' �and'.shown on the. subdivision plan or of all entire parcel of Board. !' released by the planning �! lots not Previously I t i -4- Thai the undersigned agrees to record this covenant with 6 . or to the North Essex County Registry of Deeds, forthwith, a Board in pay the necessary recording fees to the said Planning d this agreement the event the Planning Board shall recor forthwith. Refeveuce to this covenant shall be entered upon the Definitive s, bdi"ision Plan as approved. in violation of the 7 . A deed or any part of the subdivision . covenant shall bE voidable by the grantee prior to the release from the of the covenant bzt not later than three (31 years ter 41, date of such deed . as provided in Section 81-U , Chap M.G.L. g , That this covenant shall be executed before endorsement and approval of the definitive plan by the Planning Board °f aPP naval. shall take effect upon the endorsement of approval. g , upon final completion of the construction of Ways and installation of municipal services as specified herein, on or g115185 the Planning Board shall release before Q0M pLET10/,/ - 9/I.'�18h this covenant by an zpproprrate instrument duly acknowledged. l( te construction and installation within the Failure to com P be specified time specified herein or such later date as may vote of the,Pianning Board with a written concurrence of the by v royal applicant, shall resit+lt in automatic rescission of the approval to of the plan. upon Performan ce of this covenant with respect Board may release such lot from this �( any lot, the Planning ` an appropriate instrument duly recorded. - i covenant by 1 r t -5- 10 . Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and instal- lation of municipal servi time to time or from secur ces from ing one, or in part by one and in part by another of the methods by as long as such in M.G.L. , Chapter 41, Se described ction 81-Ur security is sufficient in the opinion of the planning Board to secure performance c>i =te construction and installation.datec: le to the property, see deed from For tit Land.'' 6 recorded in North Essex Registry of Deeds, J�o 4 , 19 7 . Book 1283 , page 387 upon the property are The present holder cf a mortgage 1984 and recorded elope et als dated November 8 ► Foresta to Ang page 93 and at North Essex Registry of Deeds at Book 1890 , g k of Nena dated November 8 , 11984 and recorded �'oresta to Ban page 97 . The at North Essex Registry of Deeds at Book 1890 , mortgagees agree to hold the mortgages subject to the covenants set forth above and agrees that the covenants shall have the fore and effect as though executed and recorded same status e before the taking '�f h e that the e mortgage and further ag,Y to the above covenan t. mortgages shall be subordinate ned apply-cant E7.1en Fora 'ta spouse of the undersigned agrees that such interes may have in the premises t as I, hereby g provisions of this covenant and inso ar shall be ,subject tu the�.p the Gower or as is necessary releases all rights of tenancy by nterests therein. homestead and other i i 1 l 1' I -6- IN WITNESS WHEREOF we Nave hereunto set our hands and seals this 25th day of Parch, 1985. L VA j llud._ gnPuz io (.4 Anthony sta , Barbara nge -ane U "' Z�f'��J tic (c�- --• eresa o _ rchilles Angel ne even o Acceptance by a Majority of the Planning Board of No. Andover r � 4r r } BANK OF NI�N,�' ENGLAND, N.A. (formerly New Englund \tetch:tnts �;ttioual Bank), :t bankiug assoeiatiun u3•ganizcd under the laws of the United States of America, holder of a mortgage given by Anthony J. Foresta and Ellen Foresta to Bank of New England, N.A. dated 11/6/84 and recorded with North Essex District Registry of Deeds, book 1890 ,1 ngu 97 ticktim0edges satisfaction of the same W fnpgli the execution hereof under seal this 5th day of April 1984 BANK OF NEv'ENGLAND, N.A. _ . David F. FY•nn, foe t By. A�i bta............................................................................... ...............................U-t-a.nt.............tf-r....,. C�sUr (>Zrtsumo�i�uc itil of ommurtli<mus ` SufFolk as. �i is 19 Then personally appeared the above-named David F. Flynn, Vice President and acknowledged the foregoing instrument to be the free act and deed of Bank of New England, N.A. r j before me, x. Notary Public. My commission expires A3.110.3 112/432) } BANK OF NEIV ENGLAND, N.h. (formerly New Englund Nterchants Nalional Bunk), a banking association organized under the laNvs of the United States of America, Bolder of a mortgage given by Anthony J. F'oresta and Ellen Foresta to Bank of New England, N.A. dated 1 1/6/84 and recorded with North Essex District Registry of Deeds, book 1890 page 97 acknowledges satisfaction of the seine 10ituroxs the execution hereof under seal this 5th day of April 1984 BANK OIL NEW ENGLAND,N.A. By ...........(P !�F I Va° David F, F nn, Vioe President By................................................................_.........................................................................,..... Asiistent Coshler �rittlritOtllUPltftll Df lf�ttl�tt[fj1t.�P1f1i� Suffolk st, �Jilie- 19 Then personally appeared the above-named David F. Flynn, Vice President and acknowledged the foregoing instrument to be the free fret and deed of Bank of New England, N.A. before Me, [�tj Notary Public. My commission expires 4$0 10.3 112/80 MEMORANDUM This agreement dated April 29, 1986, is by and between the North Andover Planning Board, hereinafter referred to as "the board" and Anthony and Ellen Foresta, hereinafter referred to as "the owners". In consideration of mutual promises and covenants contained herein; the parties agree that the owners have satisfied their requirement of posting $20,000.00 security under, a decision on a special permit dated February 27, 1386, concerning Village Way and a decision dated February 27, 1986 , concerning lot five (5) Village Way by maintaining a performance bond of $49,000.00 under a form. l covenant dated August 16, 1985, covering said subdivision when the conditions of 5,aid special permits are satisfied, the bond can be discharged to the extent of $10,000.00 for each. THE CU MONWEIILTH OF MASSACHUSETTS ESSEX, ss. Anthon Foresta and = personally. appeared y ant -on, For staTW"W— Ellen Foresta and acknowledged the foregoing to be their free act and deer4t_aAyyL�ic Fllen Foresta My commission expires: ~-�-- North Andover Planning Board TFE COH NNEALTH OF MASSSACHUSETfS ESSEX, ss. and acknowledged the foregoing to be Then personally appeared free act and deed before me, Notary Ny commission, expires: - -- r ;.. y FORM F p RMANCE SECC3RED BY A SURETY COMPANY August .16, 1985 North .Andover, Massachusetts AC 034E r made this date between the Town of North Andover and Anthony J. Foresta and Ellen Foresta, hereinafter referred to as "the applicant" of Village Woods and NATIONAL GRANGE MLi [3AI, INSURf�I�CE CDNIPAIY a corporation duly organized and existing under the laws of the state of hereinafter referred to as the surety11 , to secure New H shir e construction of ways and installation of municipal services in the subdivision of land shown on a plan entitled: Plan of a subdivision of land entitled Definitive subdivision Plan of Village Woods, North Andover, Massachusetts' plan by Frank C. Gelinas and Associates, Inc., Engineers and Architects North Andover Office Park, North Andover, Massachusetts, dated March 17, 1981 revised February 51 1982 and owned by Anthony d• Foresta, address 33 Highwood Way, North Andover, Massachusetts, land located an Dale Street at its intersection with Village Way, and showing five proposed lots' Also a definitive plan of a subdivision of land entitled Supplemental Plan for the definitive subdivision of Village Woods, North .Andover, Massachusetts, Plan by Richard F. ECaminski and Associates, Inc. Enginners, Architects, Land Planners and Surveyors, North Andover, Massachusetts, dated March 11, J. Foresta, address 15 sagamore Drive, Andover, 1985, and owned by Anthony land located at the intersection of Dale Street and Village Massachusetts, Way, and showing five proposed lots. V . l I i' f -2-- KNow ALL MEN by these presents that the applicant and the surety hereby bind and obligate themselves, their, or its executors, administrators, devisees, heirs, successors and assigns, jointly and severally to the town of North Andover, a Massachusetts munciipal corporation, acting through its Planning Board, in the sum of $49,800.00, and have secured this obligation by depositing with the Treasurer of said town of North Andover a surety bond to secure the above stun of money, said surety bond to be used to insure the performance by the applicant of all covenants, con- ditions, agreements, terms and provisions contained in the following: 1. Application for approval Definitive Plan (Form C) dated July 1, 1981. 2. The Subdivision Control Law and the Planning Board's Rules and Regu- lations governing this subdivision and dated 1981 3. Conditions included in the Certificate of Approval issued by the Planning Board and dated April 7, 1982. 4. The Definitive Plan as qualified by the Certificate of Approval, and 5. other document(s) specifying construction or installation to be completed, namely Specify other documents, if any, and list lots secured if only a part of the subdivision is secured by a surety company) . This agreement shall remain in full force and effect until the applicant has fully and satisfactorily performed all obligations, or has elected to provide another method of securing performance as provided in M.G.L. Chapter 41, Section 81-U. -3_ Upon completion by the applicant of all obligations as specified herein, on or before September 15, 1986 or such later date as may be specified by vote of the Planning Board with the written concurrence of the applicant and the surety, the interest of the town, in such surety bond shall be released, the surety bond shall be returned to the surety, and this agreement shall become void. In the event the applicant should fail to complete the construction of ways and installation of municipal services as specified in this agreement and within the time herein specified, the surety bond may be enforced, in whole, or in part, by the Planning Board for the benefit of the town-of North Andover to the extent of the reasonable cost to the town of completing such construction or installation as specified in this agreement. Any unused portion of the surety bond will be released and the unused portion of the surety bond will be returned to the surety upon completion of the work by said town. The town of North Andover acting by and through its Planning Board hereby agrees to accept the aforesaid surety bond in the amount specified in this agreement as security for the performance of the project as aforesaid. Any amendments to this agreement and/or •to. the aforesaid security shall be agreed upon in writing by all parties to this agreement. IN WITNESS WHEREOF we have hereunto set our hands and seals this 18th of September ► 1985. 7 Signatures of a majority of the Planning Board of the Town of North Andover Signature of Applican _q- NATIONAL GRANGE =UAL INSURAI'ICE COMPANY Ry: 5 � Signature of Authoriz Attorney-in-Fau. Representative of the sur y COMMONWEALTH OF MASSACHUSMTS ESSEX, SS. Then personally appeared - LLC r-L6, one of the above-named members of the Planning Board of North Andover, Massachusetts, the Applicant, and the Authorized Representative of the Surety, and acknowledged the foregoing instrument to be the free act and deed of said parties before me, 2 0 '►Mm'mt�n Expires 0do*2a 194 NOTARY PUBLIC MY COM. EXPIRES: Vi u; NORTH I*,GIS RY OF DLEDb LAt-VRENCE, MASS. rE "R[X COPY: U h GISTKR Off' DCEbl�. JLV 6M National Gram )Mutual INSURANCE COMPANY POWER OF ATTORNEY' ' KEENE NEW HAMPsHiRE U3431 is KNOWALL MEN BY THESE PRESENTS: That the National Grange Mutual Insurance Company.a New Hampshire corporation having its principal office in the City of Keene,State of New Hampshire, pursuant to Article V,Section 2 of the By-Laws of said o Company, to wit: o "Section 2. The board of directors,the president,any vice president,secretary;or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto,bonds,recognizances,contracts of indemnity or writings obligatory in the nature of a bond,recognizance t or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them," does hereby make, constitute and appoint -------D. S. .Dickey---------- its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds. undertakings. recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond subject to the following limitation: -N 0 L T M T T A T 1 0 N 5------------- v and to bind the National Grange Mutual Insurance Company thereby as fully and to thesame extent as nstruments v were signed by the duly authorized officers of the National Grange Mutual Insurance Company. he acts of said Attorney are hereby ratified and confirmed. m n This power of attorney is signed and sealed by facsimile under and by the authority of the follo olution adopted by the a Directors of The National Grange Mutual Insurance Company at a meeting duly called anot�l. the 2nd day of December 1977, :o o Voted: That the signature of any officer authorized by the By-Laws and the compI may be affixed by facsimile to any 'm_ power of attorney or special power of attorney or certification of e€ther given fo f 1 execution of any bond,undertaking, 3 recognizance or other written obligation in the nature thereof;such signatures sal,when so used being hereby adopted by the company as the original signature of such office and the original �I`o the comg5i)y,to be valid and binding upon °o.x the company with the same force and effect as though manually affi '(V�j' y a IN WITNESS WHEREOF, The National Grange Mutual Insurance C ny has catp �t se presents to be signed by its -d Senior Vice President and its corporate seal to be hereto affixedqh� 8fh �(�� ay of OCtq����f+,r 1982 �' CThis appointment shaEl cease and terminate automaticall a D'a e.t,be � 1988 u�al 's5'sogr�et','reyoked as provided. J a �V NATIQ RANGE MUTLjA`t:.Ifd��JRAN�,�O�rF�ANY U L `�v" �� �f r r•'��S By: l yU � /frrIHEIIIS++ '0 This power Is Invalid if red diagon nt "Ptatia ange Mutual Insurance Company, Keene, New Hampshire" is not shown in its entirety, vv 0 a �� q F_State of New Hampshire v m County of Cheshire On this 28th day of ez 19 82 , before the subscriber a Notary Public of the State of New `o c Hampshire in and f County�o�C are duly commissioned and qualified, came R. J. C�arks .. o 8ef the National �e Mutual ITz� nce Company, to me personally known to be the office(-.,descrit�d herein, and who .E executed the mg instrument, nd he acknowledged the execution of the same,and being-Dy pfe duN-Vvy6fr,deposed and z5 said that Q officer of said Company aforesaid;that the seal affixed to the preceding instruiiiet•is thocorpot.a�it§eal of said 0 o Compa �the s i O aid corporate seal and his signature as officer were duly affixed and subscri to We-slid inst ument by the m O aut d direction of the said Company; that Article V, Section 2 of the By-Laws of said dn)panyJs.row in'1`9r(�e. m NESS WHEREOF, I have hereunto set my hand and affixed by o ial seal at Keene,NeO Hamp&KirZ tt�,, F day of October 19 82 0 Notary'Outil� { c o My Commission Expires: 11/2 /84 1, Lyn E. Landry Assistant Secretary of the National Grange Mutual Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full E force and effect. Z o z o!N WITNESS WHEREOF, l have hereunto set my hand and affixed the seal of said Company at Keene, New Hampsltlre this IX �0 18th day of Se tember. 19 85 a Assist t Secretary. CONF2RMATION: If the obligee wishes to confirm the validity of the bond attached to this power he is invited to call NGM at603- 352-4000 and ask for the Bond Department. Gn v� i E1. w 7 L.r M tn E V) V - L L r✓ EX Null d l T 1zrc1siTR or 28 MAd®ACNUOR T®QUITCLAIM DMKD by CORFORAVION (LONG F0RM)704 i LWDSAIL# INC. •W? IL corporadga duly cstabiiahed under the laws of Massachusettu and having its usual place of business at 382 Commonwealth Avenue# Boston# Suffolk County,Massachusetts for consideration paid,and in full consideration of $33i000.00 grants:o wale ,.s by thttro � s ® •e-n Of •3 �� w,,a� W �/ with quiltlttlnt rt�urnnttYs e5�� 1� .t7 h A. certain parcel of land on Dale Street North Andover# Essex County# Massaohusettap containing 21*4 acres more or' loos and shown on plan entitled "Plan of Land Prepared for Landsail# Inc." dated April 6# 19760 Frar� C. 0elinas & PL Associates# Engineers .& Architects# to be recorded with Essex North District Deeds# herewith# bounded as follows& SODUMAS ERLY by said Dale Street# 235.19 feet; SOUTHERLY by land now or formerly of n. W. Olennie by several lines together measuring 989.56 Poet; WE'.STEALY by land now or formerly of B. F.# Jr. & L. C. Leland by several linos together tneanuring 1026605 foot; N0RTIMLY by land now or formerly of C. McCarthy gust and J. F. & L. ll. Fideler# 517.0 feet; . N0RTHEASTERLY• by land now or formerly of W. B. & J. Duffy and P. D. & E. M. Malzourania by several lines together measuring 331 -74 feat; EASTERLY by land now or formerly of C. S. & C. R. Yeutter# 562 feet more or less; NOFtTI ASTERLY by land of said Yeutter# 237 feet more or less; NORTIEMLY by land of said Yeutter# 1.50 feet more or legs and 355 foot move or let's; EASTERLY by land now or fort rly of M. & M. Smolak# 225.06 foot; 331.45 feet and 23.85 feet. All ass shown on said plane For title see deed of Daniel E. Mogan# Jr. to be recorded herewith. See Certificate of Vote recorded said Leda Pook 12770 rage 82. x •' CON{MOI WEALT11 OF NIA• 'ACIiUSETTS. 1'1r1`.):'........ll.i..liiil.. a.. r.l ...1;i.....�.I.1....P� 131K1283 � I) 4 +° $� E6 Wft,00 � the said LAN=n, I3i'C. has caused its corporate Seal to be hereto affixed and these presents to be signed, acknowledged and dclivetcd in its name and behalf by John 0, Tuttlep Jr e its xecutive Me jier to duty Authorized, this � T�k ene n� day of )L�4 02�,- in the year one thousand nine hundred and neventy eix Signed and scaled in presence of Jahn Oo ZUttLe� J �,,.1 dive Vice Pri;Adant .......................................................... ,.,......,.....,.,......................... ..........,.., by • ,........u.u.......,,.uu.........a n..nu.u..11........U4.5....b...HH,.0 V u ui uu.no..n.�..........rtnnn. • r ffiIle E �tununiitut•ttl#!i of MUt'utui#ttnr#us Euaex; ss, .�� � 19 76 Then-personally Apl'cared the Above named John Co Tuttle) &.` Wouti.ve Vloe preeidents� so agorenni.d and ackno► lOgcd the lorcgoing instrument to be the free Act and deed of the 1ANDSA1G9 INC. before me ' Notery publi Recorded June 4#1976 at 4:25PM #4327 My COMWI Eon expiin 1977 f ATTY. L HHRk)E`( P.01 AN COLWELL CHRISTI at Law Attorney 401 Andover Street P.(). Box 9713, North Andover, Massachusetts 01846 Tel: (508) 681-4788 Admitted to practice in' MA, NH & NY Fax: (508) 680-4160 Facsimile Transmi$siOtl Sheet i S. l(NO ()ttr k"ilei-110at.ter No.: Total Number of Par0e.s Oficfiddlst� Ctu alte�tl. 3 I ct: K4�iltivc?:, From. ('hrislian €'ohveh' Esq. lat'tYlitl'1ti�: — -. 1r�=',.�:- _(y-> { ,.�,$. a� �• ' S The ,lcic'llr��Pr1t, InCiuit�4 ��ith th i r3Cstri7►fe�BtLTrii45znt2 5h et rpnt�tn imormation iTofn(_hYnsmm Ar ome. 'v l nc'which is cc,tlti?�ntiaf anlo, 'privlle ed. 'Dis information is intcrocleCi to lte ji,t tllr�use yr l.J r �ilcJr:+S..ec. i,it, d,}n tuts, rra,�aJr,iss,i�n sheet• if ti•au are not the-AdrQswQ,note that asty cll'c:imwe,pho+rulpyt�t:�,. 9i ti'll5utinti or ttst-qMe :c,ntc.,3i, ,r this fa+ed inflormadon is pyOh1bited. lit you have rCCrIvC6 this f:u:,istrilt ill er,u,ryl aye ,nttty!J "I" !eie{h"nr(r,plleCtl immediat+:.h' 544 that we can arrange for thw retrieval of the a)l �I'.t•!�lnrrJl� ;tt nr��•�:�J icr y!,�=L • „Y �ws;�o-n�ho,.:,�x�es,r�A�Y.'�+:+�� .,'�.�:Htr�a e�.�:; _` . PPR_110-199 WTT`r'. L HAPUEY F'.fry SUBORDINATION OF MORTGAGE holder(s) of a rnort;age on property located. at . _._jL__ 1.Y1,�.J`Jcr[�11.userts dated ono refic�rcltac� with -- - - - - kt�gistry of Deeds in Book 1"A e riled with County lZegistxv Llastrict of the Land Court as Document No. Noted on Certificate: of Title ("Subordinated Moo tgage"), lot (,onsidpt,aticrn paid, hereby subordinate (the lien oft the Subordinated Mortgai;e and the oblip;ations secured thereby to a mortgage covering the Premises given by . dated . _. __ _ � � � ___.. .___. in the principal amount. Est ("view Mortgage") to be recorded herewith, to the same extent as it the New Mortgage had been executed and recorded before the execution and recording of the Subordinated lvlortgage. IN WIfi11,41SS WbII~RlsOF, the said _.�_.._ � ... .. _..,. _.._._,.. . has caused its coxpo-rate Seal to be hereto affixed and these presents to he signed in its naz-ne and befiali by ,s 1:� Then personally appeared the above named, and acknowledged the foregoing instrument to be the free act and deed of 4.i�1r�rF° me, MY Cornmissiorf 1 xpire.,. 1-1 ti?Rr� kS �CENYF1'Ah'f_F,LS :7A55oCfr.C1(�{�: ATTY. L HARUEY P.03 :, G42 SUBORDINATION OF MORTGAGE —. FIRST ESSEX BANK., .FSB, a Massachusetts Corporation whose address is 296 Essex Street, Lawrence, Massachusetts, holder of a mortgage (hereinafter "Subordinated Mortgage") from THOMAS R. CAMERON and MAftY U. CAM -RON, to it, dated May 16, 1994, and recorded in the Essex North District Registry of Deeds in Boole 4047, page 13, hereby agrees that said mortgage and the obligatio-as seciued thereby shall be and are hQreb;v subordinate and,ituuor in right to (i)a deed of the roadway known as Village Way and(ii) a drainage easement, both � given by THOMAS R. CAMERON and MARY U. CAMERON to the INHABITANTS OF THE ►� TOWN OF NORTH ANDOVER, and THE TOWN OF NORTH ANDOVER,respectively. both dated Febram 23, 1995, and recorded in said Registry of Deeds herewith as instt.-ument No.s l i and Mf and to future advances thereunder,to the some extent as if the deed and easement:had been executed and recorded prior in time to the execution and recording of the subordinated mortgage, Executed as a sealed instrument this 22nd day of W March ' 1995. AN PliB C'otnmonwealth of Massacl�u ctts t Then Personally appeared the above n r ed Assistant Treasured. of the FIRST ESSEX BANE, FSB, and aoknowledged the foregoing instrument to be h i�rree act and deed, before me, this 22nday of hiarc:.h 1995, u .: ,votc'1Tl' 1'ul),ItC MY comrui sston expires: _ � f f s,- ' t t-1 i`s 1+tier R ■ w w SUBORDYNATION OF MMMY''AGE AM7OVER SAVINGS BANK,a Massachusetts Corporation whose address is 61 Main �- Street, Andover, Massachusetts,holder of two mortgages(horeinaiter "Subordinated Mortgages") from STEVEN KNOTT and T MRBSA KNOTT, to it, dated(i) April -1U, 1993, and recorded in the Essex North District Registry of Deeds in Book 3016, Page 219, and (ii) January 14, 1994,and recorded in said Registry of Deeds in Book 3962, Page 224, respectively,hereby agrees that said mortgages and the obligations secured thereby shall be and are hereby subordinate and,junior in right to (i)a deed ofthe roadway known as Village Way and (ii) an E„ easement, both given by STEVEN KNOTT and THERESA KNOTT to the INIRABITANTS OF THE TOWN OF NORTH ANDOVER, and THE TOWN OF NORTH ANDOVER, respectiv(,-ly, W both dated March 14, 1995, and recorded in said Registry of Deeds herewith as instrument No,s 1 � _ nd N�( `j , to the same extent as if the deed and easement had been executed and recorded prior in time to the execution and recording of the subordinated mortgage. Executed as a sealed instrument this ,Her, day of.JA 1 Y —r \ 1995. :3 A9f)(WER SAVIN(iS BANK Commonwealth of Nhusachusetts 1 � e)< County K . Then ersoall a eared tlnc above Warned _- vc,. _ �._.. �:__ as of the AND VER SAVTNGS BANK, and auh-znowl`edg.ed tho. 4 ' foregoing instrument to be \e rtree act and deed, before me, this .�-�'J&y of Vv .rc �, 1995. M �lutaiy Public. r; My QQMT1-d8-,k)11 e.Xprres: r✓ a%Cl� {wait .1 6� • i 1' ATTY. L HHRUEY P.05 FU SUTBORDINATION OF MORTGAGE FIkST ESSEX BANK, FSB,a Massachusetts Corporation whose address is 296 Essex Street, Lawrence, Massachusetts, holder of a mortgage (hereinafter `Subordinated Mortgage") f om STEVEN KNOTT and 1'HERESA KNO`1T.. to it, dated August 30, 1993,and recorded in the Essex North District Registry of Deeds in Book 3821, Page 15, hereby agrees that said mortgage and the obligations secured thereby shall be and are hereby subordinate and junior in right to(i) a deed of the roadway known as' inane Way and (ii) an easement,loth given by STEVEN KNOTT and THERESA KNOTT to the INHABITANT$ OF THE TOWN OF NORTH ANDOVER, and THE TOWN OF NORTH ANDOVEF, respectively, both dated Mazeh 14, 1995, and recorded in said Registry of Deeds herewith as instrument No.s l and 2— , to the same extent as if the deed and easement had been executed and recorded prior in time to the execution and recording of the subordinated mortgage. Executed as a sealed instrument this 22nd day of '(arch , 1995. f. F1}ZST 1 SSI-; :y. �z CuC. Conunonwe,-hth of Massachusew: ) ,JI (.`owlty ) <s 40 Then personally appeared the above naked �ri.hra.r.t._7 ._._b�t�.slcf as Cr _Assis taut_Trea:�urer of the F'1I6T ESSEX LANK, F8I3, and acknowledged the foregoing instrument to be h i free act and deed, before me, this 2 2 n d clay of Ma r c h , 1995. v a Notary Public . My cortunission exptros� s3 ,� t. d t 3 ATT'r'. L_ HHF'l.!EY P.CIG. 4� 0 G J SUBORDINATION OF MORTGAGE J.I. KISLAK MORTGAGE CO., a Florida Corporation whose address is 7900 Miami Lakes Drive, Miami Lakes EL 33106, holder of a mortgage (hereinafter "Subordinated Mortgage") from BARBARA T. ANGI LONE,Tntstee, to OLDE TOWNE,MOR.T(JA(zE COMPANY, INC.,dated October 14, 1993, and recorded in the Essex North.District Regisby of Deeds in Book 3864, Page 31, assigned to it by Assignment of Mortgage dated October 14, 1994, and recorded in said Essex North District Registry of Deeds in Boob 3964, Page 38, hereby agrees that said mortgage and the obligations sectyred thereby shall be and are hereby l� sabordin,ate and junior in right to 6) a deed of the roadway known as Village Way and (ii)= a & tltil i i y UT easement, both given by BARBARA T. ANGELONE, Trustee, to the INHABITANTS OF "l!'11_E TOWN OF NORTH ANDOVER and THE TOWN OF NORTH ANDOVER, respectively, both dated f4C, - , 1995, and recorded in said Registry of Deeds herewith as instrument No.s �I I SS6 and I_ .. . , to the same extent as if the deed of the roadway and A easement had been executed and recorded prior in time to the execution and recording of the subordimared tnonp,ap,e. ,j Executed as a sealed instiwnent this 3IFt: daY�A .__MsaYrt! , 1995. a i.1, KJSLAK MORTGAGE CO RPt7t'tAT f ON � ry; a fywl ilyn (_kXAVen.5 r As6 iS t ate t VI C: LA]Ullty Of tadw Then personally appeared the above named ivlaciLyn Gouwens as i�ssistan.t vice President .. ._,_ of the J.I, KISLAK MORTGAGE COfNnd acknowledged the foregoing irisimnent to he he rby act and deed, before me, this 'A,day of Marl) 1995. HF'F'-].E:-f.'�'+F, ATTY. L HHE'UE`€' F.07 t ect4s: l:nt , Village Way, Norttl juaover :. R St"BOR>i DNA 1'1tON OF MORTGAGE CITIBANK, N.A., a Ne", York Corporation «'hose principa; address is 55 Weer Street. New York, New York, holder of a mofgage (hereinafter "5irbordinatod Mortgaege") from JOHN W, SCHRO DER Lo BANCBOS fON MORTGAGE CORPORATION, dated April 30, 1993, and recorded in the Essex North District Registn, o.f Deeds in Book 3716, Pap-e.90, assi"ed to it 1� by Assignment dated Jane 10, 1993 and recorded in said Registry of Deeds in. Book 1936, Page � i� 102, hereby agrees that said mortgage and the obligations secured thereby shall be acid are hereby subordinate and junior in right to(i) a deed of6e roadway known as Village Way and(ii) a drainage easernent, both given by JOHN W. SCHROEDER to the INHA-BITANTS, OF TITS TOWN OF NORTH ANDOVER and THE TOWN OF NORT11 ANDOVER. re;spcct vely, both dated February 23, 1995, and recorded in said Registry of Deeds as insttatrnent No,s and l l am %- to the sane extent as if the deed and easernent had been executed and recorded prior in time to the execution and record recordx, f the Bubo din, d mortgage, xcouted as t�sc,�(r-d instr�irnerat this �i day off. [l ��-�.' , 1995, V 1;, }v,A -•}cf ;'. tat �,'�,- .,, ,,, ....: €11er, personally appeared the above named -' -11.� r,�� �� o ,��.�- h c,c.� . as of the CIT)BANK, N.A,,and nknowledfQd the foregoing instrument to be-4vvfree act acid deed. before me, this day of i , 1995. LF MV coMrMssi0l; �xptrrs. ti ',r��';'dFt♦l. �'.AFtAA�'tf�iC;S���.a l`7 NOtnty Poh1}r;, .Sta!�ut Ntnw York + QU410140 Iq ^�sslr,'hc'rt�r Guuf:�Y a HPR-1 ['' 3. HTV . I HHRIJE'r' P.08 rp wf� i,�i �'a'+2'' I,o iis: Lm f Vi11cle.e. Way, North Andover t'ti � , i.; G � I "5't"134:)I Dl_,NA'!'ftr,N OF ',1V'1()RT(.:,AGF BANK OF AtL\ P.RIC;A NATIONAI.1RUST.AND SAVTNG;� ASSOCIATION, as custodian)Trus-te.e, a (_aliiornia ['orporation whose address Anion Blvd., Si..vch Floor. Costa Mesa CA r))626, holder t f'a mortgage(heremaher "Subordinated Mortgage") from THOMAS R. CAMERON and Iw;ARY U. G�r1!VE'RON, to SR.WI-"S tMORIGAGE CORPORATION. dated May 10, 1993, and recorded in the Essex- North District hegisu-v of Deeds in Book 3725, Page :tb, assigned to it by Assignment dated July 21, 1993 and recorded iti said Registry of Deeds in Book 3807, Page .i_14, hereby ap)-ees that said motigage and she ' obligations secured there?bv ;shall be and are hereby subordinate and tumor to rigni to I t) a deed of the roadway kpow°n m Village Wa\, and (H) a drainage easement, berth given t?v 1 1-i0N'I,,\S R CA 4FRON and NAhY U. CA-M-D ?N to the INHABI FAN 1 S OF THE l CA N , OF NORTH ANI)OVER. and JHE TOYN OF N0 RI'HX'rCD0VER. respectively, both dmoii Sr 1 C /`_./'S S - 1994. and recorded in said Registry of Deeds was ittsttumcrtt NF'j a } 1 �_j`] and and to fi{ntre advances thereunder, to the sais,e extent tis ,t the deed and easement had been executed and re,cordLci prior in time to the; axecuYt.nn and recording o the ;,►.bordtn: w�.' r_. Fxc'cu(sd as A sealed tnsrn11TIertt this riay ci � t99s, 1,. BANS, f?1 Al I,',', l(,A ' Al lt)NA1 � TRt"SI ANT) S:`V-'\;(: ' ;t'ti`{ , 11, + . r� �tl.r�t.0 r.7i 1 L1[nUl4 i 2 e rARY There t�. `S(InO above rittttte,i !of(hc- 1:3Alvi, 0'' AN R1(;A NA`l 6/A , TR_L'JS' T AN_ - 7 SAVINGS �kSSOC:IATIUN, ai� tjalmowvledged the ii�epinp_ instrum Int to be treer/act and deed, bef6re me;. rhts duty o1 149.5 6t tAY' i:i:'TililiSYtr)f! i''ST f C'S