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HomeMy WebLinkAbout1986-09-23 Legal Documents DEF SUB i AGREEMENT AGT made this thirtieth day of June, 1967 by and between FIRST METHODIST CHURCH of North Andover, Massachusetts, a corporation formed under the Constitution, the Articles of Religion and the General Rules of the Methodist Church as set forth in the Discipline of the Methodist Church, 1964, J as from time to time amended, acting by and through its duly constituted Board of Trustees, (hereinafter called "Church"), and IRVZG Z, ROGERS, IRVING E. ROGERS, JR., KARTHA B. ROGERS, WZUJAM F. LUCFY, as TRUSTF.'FS of the LAWIENCE EAGLE—TRIBUNE REALTY TRUST under an Indenture of Trust dated April 28, 1966, recorded with North Essex Registry of Deedsp Book number 105% Page number 446, (hereinafter called "Trust"): IN CCV31DERATI0K OF ONE DOLLAR ($1.00) and other good and valuable considera— tions paid by each of the parties hereto to the other, it is agreed as follows 1. If Church shall decide to sell the land hereinafter described or any ✓ part thereof, it shall offer the same to Trust at a price to be computed at ,. the rate of Ten Thousand Dollars ($10000.00) per Acre. Said offer shall be made in writing and given as provided in Paragraph 7. and 9. hereof. 2. If Trust decides to purchase said land or such part thereof as Church offers for sale, it shall give notice in writing to Church as hereinafter provided. The notice of intention to purchase given by Trust to Church shall fix a day and hour not sooner than thirty (30) days nor later than sixty (60) days after the date of mailing said notice, at Which time papers shall be passed and transaction consummated at the North Essex Registry of Deeds in Lawrence, Massachusetts unless the parties agree in writing on another time and/or place. The notice of intention to purchase shall be given by Trust to Church within ten (10) days after receipt by Trust of notice from Church of itA intention to sell said land or any part thereof; 3. In the event that Trust decides to purchase said land or such part thereof as Church offers for sale, said land shall be conveyed by Church by a good and sufficient quitclaim deed, conveying to Trust or to Irving E. Rogers, or any corporation or legal entity affiliated with Trust, a good and clear record and marketable title to Raid land, free of all encumbrances and with the benefit of all easements and appurtenances thereto belonging, provided, ho%%- ever, that Church shall convey such title as it can deliver, if Trust elects PH F. BACIGALUPO to accept the same and pay therefor the purchase price without deduction. MSELLOR AT LAW e ESSEX STREET NCB. MA99AG HISSETTS Ol HdO k IE Full possession of said premises free of all tenants shall be delivered at -. the time of the delivery of the deed. Taxes and other assessments shall be adjusted a9 of the date of conveyance; ? 4. Subject to Paragraph 5. hereof, this Agreement shall continue in full force and effect for a period beginning with the date hereof and ending J one (1) year after Church shall have completed construction of and occupied } for religious services a new edifice upon the ].and hereinafter described which is the subject of this Agreement; 5. At the expiration of said period of one (1) year as set forth in Paragraph 4. above, this Agreement shall continue further in full force and effect and all of its provisions shall be fully operative except that the provision specifying that the price to be paid by Trust to Church computed at the rate of $10000.00 per Acre shall, no longer be applicable and the price to be paid by Trust to Church shall be the subject of negotiation between Trust and Church; 6. The land referred to in this Agreement and which is the subject hereof is bounded and described as follows: A certain parcel of land situated at the intersection of the Salem Turnpike and Peters Street in North Andover, Massachusetts and is further bounded and described as follows: Beginning at the Southeast corner of the parcel at a point in the Northerly sideline of Peters Street; said point being 100.02 feet west of the intersection of the Northerly sideline of Peters Street with the Westerly sideline of Acushnet Street; Thence running S-670-26'30':W along the Northerly sideline of Peters Street, a distance of 5.10 feet to a stone bound; f Thence turning and running S-600-57f-30ff-W along the Northerly sideline of Peters Street, a distance of 501.20 feet to a stone bound; Thence running northwesterly in a curved line having a radius of 80,00 feet, an arc distance of 120.83 feet to a stone bound in the Easterly sideline of the Salem Turnpike; a Thence running N 32°30t-oon W along the Easterly sideline of the Salem Turnpike, a distance of 354 feet to land now or formerly of Ellen P. Driscoll; Thence turning and running Easterly, by land now or formerly of Ellen P. Driscoll, a distance of 662 feet to a stone wall at land now or formerly of Isaiah R. Kimball; Thence turning and running Southerly along a stone wall by lands now or formerly of Isaiah R. Kimball, Daniel & Eileen Donovan, Ethel A. Donovan, & Daniel G. Donovan, Jr., a distance of 431 feet to the point of beginning. Said parcel contains 6.1 Acres more or less. BACIGALUPO BEING THE SAME PREMISES described in deed from Stewart P. Wilson to Church LLOR AT LAW dated June 14, 1966, recorded in North Essex Registry of Deeds, Book 1062, SEX STREET Page 40; MA99ACHUSrTT9 O t qdp -2- 7a If :ides to sell all or any part c '-.he land described in paragraph 6., it shall describe said land by metes and bounds and in such manner that Trust may be able to locate, and identify the same without recourse to any information other than that set forth in said description; 8. It is the intention of the parties hereto that Trust shall have the right of first refusal of the purchase of all or any part of the land des- cribed in Paragraph 6. hereof, whether said land or parts thereof shall be offered for sale in one or any number of offers to sell by Church; 9. A11 notices required under the provisions of this Agreement shall be given by registered mail. Such notice by Trust to Church shall be addressed to Church at 40 Third Street, Borth Andover, Massachusetts or such other address as Church may designate by notice in writing. Such notice by Church to Trust shall be addressed to Trust at 285 Essex Street, Lawrence, Massachu- setts or such other address as Trust may designate by notice in writing; 10. In consideration of the undertakings of Church hereunder, Trust -:1 agrees to contribute to the Building Fund of Church without reservation or limitation an amount equal to the amount received by Tract from Church from the sale of certain residences on land of Church, more particularly set forth in Paragraph 4., Page 3, of an Agreement between Church and Trust dated January 7, 1966; and to pay said amount within thirty (30) days after receipt thereof from Church; 11. This Agreement contains all of the Undertakings of each of the parties hereto and no change, modification or alteration of the same shall be made except by an instrument in writing executed by each of the parties hereto by its duly authorized representative, THIS 05EEh2NT 13 EXECUTED BY EACH OF THE PARTIES HERETO AS AN AGFd2XW UNDER SEAL. IN WI'NFSS WHEREOF, the said FIRST METHODIST CHURCH of North Andover, Massa- chusetts has hereunto set its hand and seal to this instrument and one counte part thereof the day and date first above written. FIRST METHODIST CHURCH i H F. HACiGALUPO �Jt W1t'n 'Sa by. F PISELLOR AT LAW f e I ESSEY STREET - • j y ' ME. MASSACHUS=5 01840 I � i IN WITNESS MiEREOF, the said LAWRENCE EAGLE-TRIBUNE REALTY TRUST has here- unto set its hand and seal to this instrument and to one counterpart thereof the day and date first above written. LAWRENCE EAGLE-TRIBUNE REAL TRUST BY: 1 Witnessed by: 6- 3o -� PERSONAL11 APPEARED before me the within named IRVING E. ROGERS, IRVING E. ROGERS, Jr., MARTHA B. ROGERS, WILbM F. LUCEY, Trustees of the LAWRENCE EAGLE-TRIBUNE REALTY TRUST, and acknowledged the ,foregoing to be their free act and deed and that of LAWRENCE EAGI UNE tREALTY TRUS . , s ph . Ba6i$gliTo. of ary lit My commission exp Dec er 3, 197L OEGiSTRY Or DEEDS Nor hern D;str'cf of Essex S$ R % 1:+� I3ie�.tll�ly _3 ,1967 osEPH F. BACIGALUPo CollNSELLOR RT LAW �1�7�1 'RF=RGE0 IN 13OCK .2Q85— 376 CssEX STREET 7_ . ^--6 ,WRENCE. MA**ACi V5ETTS -i�' r oesao ! REMSTER s " . t { fi Y MEMORANDUM OF AGREEMENT k i Between TRUSTEES OF THE FIRST UNITED METHODIST CHURCH OF NORTH ANDOVER, a religious corporation organized and existing under the laws of the Commonwealth of Massachusetts (hereinafter called "CORPORATION") LAWRENCE EAGLE TRIBUNE REALTY TRUST, a business trust existing under said laws and originally organized by that Declaration of Trust dated April 28, 1966, and recorded at the Registry of Deeds for the Northern Registrict of Essex County, in said Commonwealth, in 13ook 1059, Page 446 (hereinafter called "TRUST") ` and ESSEX BROADWAY SAVINGS BANK, a Massachusetts savings bank having its principal office at Lawrence, in said County (hereinafter called "BANK") WHEREAS, CORPORATION is the owner of a certain parcel of land at the Northeasterly corner of Turnpike Street and Peters Street, in North Andover, in said County, (hereinafter called "THE PREMISES") which is described in that Agreement between TRUST and CORPORATION dated June 30, 1967, and recorded at said Registry of Deeds in Book 1085, Page 269, which said Agreement granted to F ,TRUST the right to purchase said PREMISES or portions thereof under certain circumstances set forth therein; and WHEREAS. CORPORATION and BANK have agreed that CORPORATION will , . hereafter borrow from BANK the sum of $80, 000. 00, said loan to be evidenced by a I i note of the CORPORATION and secured by a first mortgage upon said PREMISES; and WHEREAS, in order to facilitate said loan, TRUST is willing that the terms of said Agreement of June 30, 1967 , may be varied as hereinafter set forth; and WHEREAS, BANK is willing that TRUST may continue to have certain rights under said Agreement as hereinafter set forth, NOW, THEREFORE, it is agreed by all parties hereto: 1. CORPORATION has a clear and marketable title to the premises in question (except for water pipe easements to the Town of--North Andover) subject only,to that Grant of Right of Way from CORPORATION to TRUST dated November 6, 1968, and recorded at said Registry of Deeds in Book 1118, Page 354, the use of which right of way TRUST shares in con-tmon with CORPORATION; said grant is and shall remain in full force and effect exactly as if CORPORATION had executed it under its present and Proper corporate name for use in common by TRUST and CORPORATION. 2. If and when BANK determines that it shall be in its best interests to foreclose or sell the mortgage to be given to it as security for the loan referred to above, it shall so notify 'TRUST by registered or certified mail, in a writing addressed to any one or more of the Trustees of TRUST, and thirty days after the recording of a copy of such written notice at said Registry of Deeds, said Agreement of June 30, 1967, (Book 1085, Page 269) shall have no further force or effect, except as hereinafter .✓provided. Within said thirty clays, TRUST may tender to BANK the full amount, including interest and costs, then due upon said mortgage note, BANK shall thereupon endorse said note and assign said mortgage to TRUST, without recourse express or implied, and in such event TRUST shall continue to have, in addition, all rights presently held by it under said Agreement. Executed at Lawrence, Mass. , on February �9j ,' 1969, as a sealed instrument. LAWRENCE EAGLE TRIBUNE REALTY TRUST By —e. Irving E. Roger I ving E. ogers, r. c z Martha B. Rogers Majority of the Trustees acting under Section f of Article VIII of said Declaration of Trust 7 TRUSTEES OF THE FIRST UNITED METHODIST s CHURCH OF NORTH ANDOVER C. Willi ' Bradley P esi.dent John A. Pearson Vice President . ESSEX RO WAY SAVIN BANK By treasurer f 0 C OIMINIONWi ,A—Tll OF MASSACHUSETTS p., Essex, ss. T February 21 , 1969 F Then personally y appeared the above named C. William Bradley, President, and acknowledged the foregoing instrument to be the free act and deed of the r Trustees of the First United Methodist Church of North Andover, before me, Notary Public. r r r. a r, i; • r L Y L F t i i R I G H T OF WAY AGREEMENT AGREEV2NT made this thirtieth day of June, 1967 by and between FIRST METHODIST CHURCH of North Andover, Massachusetts, a corporation foamed tinder the Constitution, the Articles of Religion and the General Rules of the Methodist Church as set forth in the Discipline of the Methodist Church, 1964, as from time to time aa3ended., acting by and through its duly constituted Board of Trustees, (hereinafter called "Churrcht% and TRYING E. ROGERS, IRVING E. ROGERS, JR., MARTHA B. RCG.ERS, VILLIAM F. LUCEY, as TRUSTEES of the LAWRENCE EAGLE-TRIBUTE REALTY TRUST, under an Indenture of Trust dated April 28, 1966, recorded with North Essen Registry of Deeds, Book number 1059., Page number 446, (hereinafter called "Trust"): IN CONSTDERATIai OF QIE DOLLAR ($1.00) and other good and valuable considera— tion paid by each of the parties hereto to the other, it is agreed as follows: 1. Church represents that it is the owner in fee simple of a parcel of Land containing 6.1 Acres, more or less, in North Andover, Massachusetts, bounded by Peters Street, Salem Turnpike, land of Trust, and land owned now or formerly by Isaiah R. Kimball, Daniel & Eileen Donovan, Ethel A. Donovan and Daniel G. Donovan, Jr., and more particularly described in a deed from Stewart P. Wilson to Church dated June 14jo 1966, recorded with North Essex Registry of Deeds, Book 1062, Page 40; 2, Church agrees to grant to Trust a right of way over the land referred to in Paragraph 1. above from land of Trust., over land of Church, to Peters Street, for'the passage over said right of way of vehicles of Eagle-Tribune Publishing Company from land of Trust to and from said Peters Street, North Andover, Massachusetts, The exact location and dimensions of said right of way shall be determined within thirty (30) days after Church has completed its plans for the erection of a parsonage and an edifice for worship on said land, and shall be laid out and located as shown on a Plan to be prepared by an architect to be selected by Church; 3. Said grant of such right of way shall exist and be valid only so long as Church is the owner of all or any part of the land referred to in paragraph 1. above; F. BACIGALUPO iELLOR AT LAW ESSEX STREET O7 d6O 17, 4. Trust agrees to pay the reasonable charges of the Architect referred to in Paragraph 2. hereof for services rendered in preparing the Plan showing the location and design of said right of way; 5, Trust agrees to pay all of the cast of constructing and maintiiaing said right of way and the cost of removal of snow therefrom so that the same may be reasonably safe for travel. Trust further agrees to landscape the borders of said right of way as indicated on the Plan hereinbefore referred to; 6. Trust agrees to permit Church to have access to the parking area on land of Trust accessible from said right of way for the purpose of parking vehicles of parishioners of Church on Sundays, provided, however, that Trust assumes no responsibility of any kind for said vehicles or the occupants thereof while parked or travelling in, on, or over said parking area and said right of way; 7. The grant of said right of way shall incorporate all of the provisions of this Agreement so far as may be applicable with respect to the obligations f Church and Trust, and said grant and the plan hereinbefore referred to shall e in a form suitable for recording at North Essex Registry of Deeds; 8. In the event that there is a taking by any public authority of any land of Church on which said right of way is located, Church shall incur no liability of any kind to Trust, and damages awarded for such taking shall belong exclusively to Church. The right of way shall continue in full force and effect after such taking to the fullest extent possible, provided the same shall be in conformity with the location and design of said right of way as shown on the plan hereinbefore referred to, THIS AGREE WT IS EXFJUI'ED BY EACH OF THE PARTIES HERETO AS AN AGRSFKTT UNDER SEAL. IN WITNESS WHEREOF, the FIRST HETHCDIST CHURCH of North Andover, Massachusetts and the LKWRENCE EAGLE-TRIBUNE REALTY TRUST have hereunto set their hands and seals to this instrument and one counterpart thereof the day and date first above written. FIRST IMMODIST CHURCH �. ''7•�Sr - .�f G r7?Xf'.. s' t��c �tj . gine a ; . LAWRENCE GIE TRIBUNE TRUST 'PH F. 13ACIGALUPO UNSELLCR AT LAW S6 ESSEX STREET "N- MCL.KABBICHUSCTYS 07840 Witnessed by; -77 1. L -2- GRANT OF RIGHT OF WAY We, C. WILLIAM BRADLEY, Chairman, of Lawrence, Essex County, Massa— chusetts, JOHN A. PEARSON, Vice Chairman, of North Andover in said County, ANDREW F. COFFIN, Secretary, of said North Andover, and CHARLES L. ANDREW, ERIC W. HOPE, KENNETH A. RABS and BRUCE E. SJOSTROM, all of said North Andover, as we are the present Trustees and members of the governing Board of the FIRST METHODIST CHURCH of said North Andover, otherwise and variously known and hereto— fore from time to time referred to as FIRST METHODIST SOCIETY OF NORTH ANDOVER, CORPORATION OF TRUSTEES OF THE FIRST PETHODIST EPISCOPAL CHURCH IN NORTH ANDOVER, CORPORATION OF TRUSTEES OF THE FIRST METHODIST CHURCH IN NORTH ANDOVER, TRUSTEES OF THE FIRST METHODIST EPISCOPAL CHURCH OF NORTH ANDOVER, CORPORATION OF TRUSTEES OF FIRST UNITED METHODIST CHURCH IN NORTH ANDOVER, and, perhaps, by other, similar designations, and as we are the successor Trustees of those who executed that Declaration of Trust dated September 8, 1952, recorded at the Registry of Deeds for the Northern Registry District of said County in Book 766, page 561 (herein— after collectively referred to as CHURCH), hereby grant to IRVING E. ROGERS, MARTHA B. ROGERS, IRVING E. ROGERS, JR., and WILLINA F. LUCEY, as they are the Trustees of LAdRENCE EAGLE TRIBUNE REALTY TRUST (see that Indenture of Trust recorded at said Registry of Deeds in Book .1059, page 446), hereinafter collectively referred to as TRUST, that right of way, together with and subject to all of the obligations of CHURCH and of TRUST set out in that "Right of way Agreement" between CHURCH and TRUST dated June 30, 1967, to be recorded herewith, which said Agreement preliminarily defines said right of way, and all of the provisions of which, so far v as may be applicable with respect to the obligations of CHURCH and TRUST, are ex— pressly incorporated herein. This grant is made subject to the following conditions: I ) Two "bumpers" shall be placed in said right of way, at the expense of TRUST, at locations to be designated by CHURCH. 2) TRUST, and its successors in title to its property defined by said "Right of Way Agreement", and its lessees and tenants, may properly use said right of way for all purposes of pedestrian and vehicular travel, to and from TRUST's properties, as shown on the plan hereinafter referred to, and said right of way may properly be similarly used by the employees and the business and other visitors and invitees of TRUST and its successors, lessees and tenants; PROVIDED, HONEVER, that only light vehicles shall travel over said right of way. 3) Eagle—Tribune Publishing Company, a Massachusetts business corporation, will indemnify and save CHURCH harmless against all claims and demands arising out of the use of said right of way by any of its vehicles. 4) This grant shall, at the option of CHURCH, cease to have any force or effect when and if the business control of said Eagle—Tribune Publishing Company shall cease to be in said Irving E. Rogers and his immediate family or issue. Said right of way, over the property of CHURCH to that of TRUST, and subject to the rights of CHURCH set out in the "Right of Way Agreement" above referred to, is a roadway forty feet wide between Peters Street and the land owned by TRUST, all as shown on that plan of land entitled "Plan Showing Pro— posed Right of Way in North Andover, Mass." dated August 16, 1968, and drawn by Charles E, Cyr, also to be recorded herewith. PROVIDED, Hoi%EVER, that if said right of way, as so shown, shall prove to be inconvenient to CHURCH, all or V/portions of the same may be relocated, at the expense of CHURCH, and with the consent of TRUST, which consent shall not be unreasonably withheld. And we further undertake and agree hereafter to execute, as such Trustees and members, such other instruments as, may be necessary to perfect this grant of said right of way. EXECUTED, TO TAKE EFFECT AS AN INSTRLMENT UNDER SEAL, this day of 1968: FIRST METHODIST CHURCH (of North Andover) BY: / C. William Bradley, Ch ai oh6 A.'Pea son; Vice—Chairman Andrew F. Coffin, Sec a ry Charles L, Andrew, Trustee Eric W. Hope, Trus ee Ke 4th A. RR Trustee Bruce E. S,jostr , rustee CGMMONWEALTH OF MASSACHUSETTS Essex, ss. / 7 , 1968 Then personally appeared ANDREW F. COFFIN, Secretary, and acknowledged the foregoing Grant of Right of Way to be his free act and deed, and the free act and deed of all of the signatories of the foregoing Grant of Right of Way, before me, _w Notary Public Essex ,ss. Recorded Nov. 7, 1968 at 45M past 11A.M. #207 k � t r: AGREEMENTX A GRE,F,P�= made this 10th day of December, 1970, by and between TRUSTEES OF ATE FIRST UN111D METHODIST CHURCH OF NORTH ANDOVER, MASSACHUSE TS, a religious corporation organized and existing under the laws of the Commonwealth of ✓assachuseits, (hereinafter called "Church"), and IRVING E. ROW S, TFVING E. =_O=75.S, J ., and NARTHA B. ROGERS,•as they are all of the 7hUYTEES of the �. •-._:__ ZAGLE-TRIBUNE REALTY TRUST under an Indenture of Trust dated April 23, ` recorded with-North-Essex Registry of Deeds, Book number 1059, Page ^u=her 446, (hereinafter called "Trust"): IN CONSIDERATION OF ONE DOLLAR Q1.00) and other good and valuable con- siderations paid by each of the parties hereto to the other, it is agree: as 1. if Church shall decide to sell the land hereinafter described or any pary __.erevf, it shall offer the same to Trust at a price to be computed at ,he rate of Ten Thousand Dollars Q10,000.00) per Acre. Said offer shall be made in writing and given as provided in Paragraph 7. and 9. hereof. 2. 1f Trust decides to purchase said land or such part thereof as Church offers for sale, it shall give notice in writing to Church as hereinafter provided. The Notice of intention to purchase given by Trust to Church shall fix a day and hour not sooner than thirty (30) days nor later than sixty (60) days after the date of mailing said notice, at which time papers shall be passe: and transaction consummated at the North Essex Registry of Deeds in f Lawrence, Massachusetts unless the parties agree in writing on another time and/or place. The notice of intention to purchase shall be given by Trust to Cnurch witnin ten (10) days after receipt by Trust of notice from Church of its in;.enzion to sell said land or any part thereof; 3. In the event that Trust decides to purchase said land or such part thereof as Church offers for sale, said land shall be conveyed by Church by a I a - t is - �i good and sufficient quitclaim deed, conveying to Trust or to Irving E. Rogers, ' 11 or any corporation or legal entity affiliated with Trust, a good and clear c record and marketable title to said land, free of all encumbrances and with the benefit of all easements and appurtenances thereto belonging, provided ;i however, that Church shall convey such title as it can deliver, if Trust elects to accept the same and pay therefor the purchase price without deduction. Full possession of said premises free of all tenants shall be delivered at the time I: _! of the delivery of the deed. Taxes and other assessments shall be adjusted ?? as of the date of conveyance; tl 4. Subject to Paragraph 5. hereof, this Agreement shall continue in full force and effect for a period beginning with the date hereof and ending one (1) year after Church shall have completed construction of and occupied for religio services a new edifice upon the land shown as Lot #2 on the plan of land s hereinafter mentioned; 5. At the expiration of said period of one (1) year as set forth in Paragraph 4. above, this Agreement shall continue further in full force and t, III effect and all of its provisions shall be fully operative except that the .I j provisions specifying that the price to be paid by Trust to Church computed at the rate of $10,000.00 per Acre shall no longer be applicable and the price to ;{ be paid by Trust to Church shall be the subject of negotiation between Trust Ir IN, and Church; fE b. The land referred to in this Agreement and which is the subject hereo +I - is bounded and described as follows: if i; NORTHERLY one hundred ninety seven and 97/100 (197.97) feet by land f now or formerly of Lawrence Eagle-Tribune Realty Trust; i' 1 EASTERLY four hundred twenty five and 15/100 (425.15) feet by { Lot #2 as shown on plan hereinafter mentioned; L . SOVI`I RLY ninety six and 73/100 (96.7�) feet by Peters Street; r t ,I r 'I ji - I� t i I� i� iI SOUTHWESTERLY by sa6id Peters Street and Salem Turnpike, Route 114, by a curved line having a radius of eighty and no/100 (80.00) feet and a length of one hundred twenty and if 83/100 (120.83) feet; and WESTERLY by said Salem Turnpike, three hundred fifty four and no/100 (354.00) feet. I 1� Said premises are shown as lot #1 on a plan of land entitled "Plan of ]' Land located in North Andover, Massachusetts owned by First United Methodist ! Church of North Andover," dated December, 1970, Charles E. Cyr, Civil Engineer, f ` and contain according to said plan, one and 8/10'-(1 4) acres of land. E ' f7. If Church decides to sell all or any part of the land described in s{ Paragraph 6.9 it shall describe said land by metes and bounds and in such manner that Trust may be able to locate and identify the same without recourse Is (t to any information other than that set forth in said description; ,j 8. It is the intention of the parties hereto that Trust shall have the IIright of first refusal of the purchase of all or any part of the land described ' j. in Paragraph 6, hereof, whether said land or parts thereof shall be offered for 1 sale in one or any number of offers to sell by Church; I �l j! 9. All notices required under the provisions of this Agreement shall be A given by registered mail. Such notice by Trust to Church shall be addressed to Church at 57 Peters Street, North Andover, Massachusetts or such other l i� address as Church may designate by notice in writing. Such notice by Church to Trust shall be addressed to Trust at 100 Turnpike Street, North Andover, Massachusetts or such other address as Trust may designate by notice in E `i �1 a' writing; iI I . sII� 10. It .is further agreed that upon the due execution and recording !F} ji hereof with Essex North District Registry of needs, a'certain agreement dated 1967, by and between FIRST MEMODIST CHURCH OF NORTH ANDOVER, June 30, � ! MASSAGjUSETPS and said TRUST, recorded with said Registry of Deeds, in Book lj 1 } E �I i e �f i f• Fj I t� i 1085, Page 269, shall be of no further force and effect, and all further rights 1 and obligations of either party under said Agreement of June 30, 1967, shall thereupon cease. 11. It is further agreed by and between the parties that this Agreement shall be and is subordinated to a first mortgage upon the aforesaid premises to secure a loan evidenced- by a note of Church to Essex Broadway Savings 1� Bank in the principal sum of FORTY" THOUSAND AND N01100 DOLLARS ($40,000.00), ? said mortgage being recorded immediately prior to the recording hereof. i+ Provided, however, that said subordination shall be effective upon the assent by said Bank to the following provision: .i : If and when the said Essex Broadway Savings Bank determines that it shall be in its best interests to forec o e orrse e f� the mortgage hereinbefore referred ` to, it shall so' notify Trust by registered or certified mail' in a writing to I any one or more of the Trustees of Trust, and thirty (30) days after the t; recording of a copy of such written notice at said Registry of Deeds, this Agreement shall have no further force or effect except as hereinafter $ P provided. n said thirty (30) days, Trust may tender to said Essex Broadway Savings I Banff; the full amount, including interest and costs, then due upon said i`• mortgage note, and upon said tender the said Bank shall thereupon endorse said note and assign said mortgage to Trust, without recourse, express or implied, .s and in such event Trust shall continue to have all rights presently held by I it under this :agreement. j :i This instrument shall take effect as an Agreement under seal. I I�711TESS WHEREOF, the said TRUSTEES OF THE FIRST UNITED METHODIST CHURCH j OF NORTH ANDOVE.R has hereunto and to two counterparts caused its corporate seal j= to be affixed and this instrument and two counterparts to be signed on its 'ibehalf by its President and vice President, thereunto duly authorized, the day i, and date first above written. f j , FIRST ;T) METHODIST C CH OF OR'IH ANDO � . . i' By: Witnessed by: •i 1 - i IN WITNESS WHEREOF, the said LAWRENCE EAGLE-TRIBUNE REALTY TRUST has I� y llhereunto set its hated and seal to this instrument and to duo counterparts f '! thereof the day and date first above written. j; LAWRENCE EAGLE-TRIBUNE REALTY TRUST {{I BY: ff C • E u it �Witnessed by: TRUSTEES OF LAWRENCE EAGLE-TRIBUNE REALTY TRUST COMMQNWEALIH OF MASSACHUSETTS ESSEI, ss. DECEMBER 10, 1970 f Personally appeared before me the within named IRVING E. ROGERS, IRVING E. ROGERS, JR., MAR'IHA B. ROGERS, XECC=r Trustees of the IA31RENCE EAGLE-TRIBUNE REALTY TRUST, and acknowledged the foregoing to be their free ,fact and deed and that of LAWRENCE EAGLE-TRIBUNE REALTY TRUST. Publ� i' t COMMONWEALTH OF MASSACHUSETTS �- ESSEX, ss. DECEMBER 10,1970 , Then personally appeared a,�'tXilliam Bradley, President and John A. Pearson, I 1, Vice President, and acknowledged the foregoing to be the free act and deed of - Ili TRUSTEES OF FIRST UNITED N=ODIST CHURCH OF NORTH ANDOVER, before me, f Notary Public :I fI _ ;i E3SEX BRO„DWAY SAVINGS BANK, hereby assents to the terms set fort- ;i clause eleven of the foregoing agreement. Dated: December 14, 1970 ESSEY. BRO1,D,L1Y SAVINGS BANK in BY: MNDN14E1 LTII OF 11ASSACHUSETT'S ss. DECEI�,�r�"?- 14, 1970 ' Ten personally appeared Winthrop Newcomb, President and ac- dzed the foregoing to be the free act and deed of ESSD- '—r-:.0AZW AY i No ary Public _ i 1 - • s -j . i A } II i, CONSENT OF PASTOR In my capacity as Pastor of the First United Methodist Church of North �- 0 Andover, I, James A. Fraser, .consent to the within Agreement. SI Dated: December , 1970 ,j } Pastor} i CONSENT OF DISTRICT 6UPERTN'!'ENDENT E ,I i; In mar capacity as Superintendent of Crescent District of New England ;{ Southern Confef'ence of the United Methodist Church, I, E. McKinnon White, 11;! consent to the within Agreement. _ t� Yid f Dated; December , 1970 Superintendent is l� �t I , I I t� i� - :i �} f t