HomeMy WebLinkAbout1988-08-19 Legal Documents 2000 DEF SUB PRD j
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URBELIS, FIELDSTEEL&.BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETI'S 02110-1727
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THOMAS J.URBFUS Telephone 617-338-2200 Andover Office
E-MAIL:tJU@ufb.corn Telecopier 617-338-0122 Telephone 978-475-4552
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July 21, 2000
Ms. Heidi Griffin
Town Planner
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Huckleberry Lane
Dear Heidi:
Enclosed are executed originals of the following;
1. Grant of Drainage Easement on Parcel A to be recorded before the
Open Space Deed;
2. Street Deed;
3. Open Space Deed;
4. Grant of Drainage Easement on Lot 7;
5. Grant of Drainage Easement on Lot 8;
6. Subordinate Agreement for Lot 8.
Very truly yours,
J'
Thomas J. tbolis
TJU;lss
Enclosures
cc: James Rand (with enclosures)
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GRANT OF DRAINAGE: EASEMENT
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Franklin S. Davis, Trustee of Pinewood Realty Trust tinder Declaration of
Trust dated April 15, 1994 and recorded in the Essex North District Registry
z of Deeds at Boole 4024, Page 234 of 200Park Street, Suite 2, North Reading,
Massachusetts ("Grantor") of 200 Park Street, Suite 2, North Reading,
N Massachusetts, for consideration paid,
grants to the Town of North Andover, a Massachusetts Municipal
Corporation, with an address of 120 Main Street, North Andover, MA
01845,
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with Quitclaim Covenants,
a Drainage Easement for the purpose of installing, maintaining, repairing
and/or altering a covered surface and groundwater drain or drains with any
manholes, pipes, conduits, swales, and their appurtenance, and to do all
other acts incidental to the foregoing including the right to pass along and
over the land for the aforesaid purpose.
` The affected parcel is that portion of Parcel A designated as a "Prop.
Drainage Easement" shown on a certain plan of land entitled "Modification
to the Definitive and Special Permit Plan, Woodchuck Grove in North
10
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Andover, Mass." drawn for Summer Street Realty Trust, 733 Turnpike
Street, North Andover, Mass., dated July 1, 1994, revised February 7, 1995
and January 27, 1995, Scale 1" = 40', Engineers: Merrimack Engineering
N Services, 66 Park Street, Andover, Mass. 01810, recorded at Essex North
P4 District Registry of Deeds as Plan No. 12579.
With regard to the above Easement, the Town of North Andover shall
forever have the right to construct, maintain, repair and replace drainage
work throughout said parcel and to conduct drainage thereon and to make
such entries thereon and therein as made from time to time being necessary
or convenient for such purposes.
The undersigned Trustee of Pinewood Realty Trust under Declaration of
Trust dated April 15, 1994 and recorded at the Essex North Registry of
Deeds in Book 4024, Page 234, hereby certifies as follows:
FAN EW-DOCS\Everg roe nld reaseparcela.doc
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(1) the undersigned is the sole trustee of the trust;
(2) the trust remains in full force;
(3) that all the beneficiaries of the Trust have duly directed the Trustee to
execute this document;
(4) all the beneficiaries are of legal age, all the beneficiaries are
competent and all the beneficiaries have authorized and directed this
transfer for nominal consideration.
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Being a portion of the premises conveyed to Grantor by Deeds recorded at
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the Essex North Registry of Deeds at Book 4024, Page 239, Book 4024,
Page 241.
In Witness hereof the said Pinewood Realty Trust has caused this document
to be executed as a sealed instrument in the presents to be signed,
acknowledged and delivered in its name on behalf by Franklin S. Davis,
Trustee, authorized this .14 day of April 2000.
Pinewood Realty Trust
y: Franklin S. D is,
Its: Trustee
STATE OF FLORIDA
,in
]b�bR3s April 2000
Lee County
Then personally appeared before me the above-named Franklin S.
Davis, Trustee, and acknowledged the foregoing to be his free act and deed
and the free act and deed of the trust on this 0A day of April, 2000.
KRISTEN M.ANGEL
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Notary Public,State of Florida *Mytar Public
My comm.expires Feb.23,2004
comm,No.CC9130,9.r My commission expires: �3�
1D 9 � 3
dreasparcela Bonded thry Service Insurance CampaEJ$L lop,
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STREET DEED
oFranklin S. Davis, Trustee of Pinewood Realty Trust under Declaration of Trust dated
April 15, 1994 and recorded in the Essex North District Registry of Deeds at Book 4024, e
Page 234 of 200Park Street, Suite 2, North Reading, Massachusetts ("Grantor")
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0 for consideration paid but no monetary consideration
hereby grants to the TOWN OF NORTH ANDOVER, a Massachusetts Municipal
� Corporation, 120 Main Street,North Andover, MA("Grantees")
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with Quitclaim covenants,
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a certain street described as Pinewood Road but now known as Huckleberry Lane as i
shown on a certain plan of land entitled "Modification to the Definitive and Special
Permit Plan, Woodchuck Grove in North Andover, Mass." drawn for Sun-liner Street
Realty Trust, 733 Turnpike Street,North Andover, Mass., dated July 1, 1994, revised
x February 7, 1995 and January 27, 1995, Scale 1" =40', Engineers: Merrimack
Engineering Services, 66 Park Street, Andover, Mass. 0 18 10, recorded at Essex North
District Registry of Deeds as Plan No. 12579.
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'' Said fee is 50' wide according to said Plan,
a�
The undersigned Trustee of Pinewood Realty Trust under Declaration of Trust dated
a
April 15, 1994 and recorded at the Essex North Registry of Deeds in Book 4024, Page
234., hereby certifies as follows:
(1) the undersigned is the sole trustee of the trust;
(2) the trust remains in full force;
N (3) that all the beneficiaries of the Trust have duly directed the Trustee to execute this
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document;
�d
(4) all the beneficiaries are of legal age, all the beneficiaries are cornpetent and all the
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beneficiaries have authorized and directed this transfer for nominal consideration.
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Being a portion of the premises conveyed to Grantor by Deeds recorded at the Essex
North Registry of Deeds at Book 4024, Page 239, Book 4024, Page 241.
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In Witness hereof the said Pinewood Realty Trust has caused this document to be
executed as a sealed instrument in the presents to be signed, acknowledged and delivered
in its name on behalf by Franklin S. Davis, Trustee, authorized thi&,4 day of April E
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2000.
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Pinewood Realty Trust j
: Frarilclin S. Davis,
Its; Trustee
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STATE OF FLORIDA
ss April. 3, 2000
Then personally appeared before me the above-named Franklin S. Davis, Trustee,
and acknowledged the foregoing to be his ee act and deed and the free act and deed of
the trust on thie!�,rd day of April, 2000. ✓u�t � �t R-DE.
Notary Public
My c01111-iission expires; �
DUAN 0.WHITE
IviY COMMISSION#CC 816358
EXPIRES:Maich 10,2003
ACCEPTANCE OF DE11D '' zP' Bo,aedTh�slKnSaryPubl'olJ"d��'°`e
The Board of Selectman of the Town of North Andover hereby accept the
foregoing Deed of Huckleberry Lane on behalf of the inhabitants in the Town of North
Andover, as authorized by the vote under Article of the 2000 Annual/Special Town
Meeting, a certified copy of which is attached hereto.
TOWN OF NORTH ANODVER BOARD OF SELECTMAN:
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss , 2000
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iThen personally appeared before me the above-named and acknowledged the i
foregoing as the free act and deed of the Town of North Andover, before me.
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Notary Public
My commission expires;
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OPEN SPACE DEED
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o Franklin S. Davis, Trustee of Pinewood Realty Trust under Declaration
of Trust dated April 15, 1994 and recorded at the Essex North District
o gi Restry of Deeds in Book 4024, Page 234 ("Grantor") for Consideration
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paid but for no monetary consideration grants to the TOWN OF NORTH
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ANDOVER, a Massachusetts Municipal Corporation ("Grantee") of 120
Main Street, North Andover, Massachusetts 01845 acting by and through its
w Conservation Commission for conservation purposes under M.G.L. c.40,
sec. 8C but not as a charitable trust, with Quitclaim covenants,
That certain open space parcel of property shown as Parcel A on a Plan
entitled "Modification to the Definitive and Special Permit Plan,
Woodchuck Grove in North Andover, Mass." drawn for Sumner Street
Realty Trust, 733 Turnpike Street, North Andover, Mass. dated July 1, 1994,
revised February 7, 1995 and January 27, 1995, Scale 1" = 405, Engineers;
Merrimack Engineering Services, Inc., 66 Park Street, Andover, Mass.
01810, recorded at Essex North District Registry of Deeds as Plan No.
12579.
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w Said parcel is hereby conveyed to the Grantee under the provisions of
M.G.L. c.40, sec.8C to be managed and controlled by the Conservation
Commission of the Grantee for the promotion and development of the
natural resources and protection of water shed resources of the Town of
North Andover, Massachusetts.
1, the undersigned Trustee of Pinewood Realty Trust, under
Declaration of Trust dated Aprill5, 1994 and recorded at the Essex North
District Registry of Deeds in Boob 4024, Page 234 certify as follows:
1) the undersigned Franklin S, Davis is the sole Trustee of the Trust,
2) the Trust remains in full force;
3) that all beneficiaries of the Trust have duly directed the Trustee to
execute this document; and
4) all the beneficiaries are of legal age and are competent and have
authorized and directed the transfer for nominal consideration.
Being a portion of the premises conveyed to Grantor by Deeds
recorded at the Essex North Registry of Deeds at Book 4024, Page 239,
Book 4024, Page 241,
In Witness hereof the said Pinewood Realty Trust has caused this
document to be executed as a sealed instrument and in these presence to be
signed, acknowledged and delivered in its name and behalf by Franklin S.
Davis, Trustee duly authorized this i,._k day of April 2000.
PINEWOOD REALTY TRUST
Franklin S. Davie, Trustee
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STATE OF FLORIDA
April � 2000
Lee County
Then personally appeared before me the above-named Franklin S.
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Davis, Trustee of Hillside Realty Trust and acknowledged the foregoing to j
be his free act and deed on this day of April, 2000.
_44 A,
KRISTEN K ANGEL Notary Public Notary Public,Mate of .2004M commission eX ires:My comrn expires Feb,23,2004 y p *A).
Comm,-No,CC913097
Bonded Thru Service Insurance company3ine.
ACCEPTANCE OF DEED
We, the undersigned Board of Selectman of the Town of North
Andover, Massachusetts, pursuant to M.G.L. c.40, sec.8C approve the
foregoing conveyance to said Town.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
Then personally appeared before me the above-named
P
and aclarowledged the foregoing instrument to be their free act and deed
and the free act and deed of the Board of Selectman of the Town of North
Andover, before me.
Notary Public
My commission expires:
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APPROVAL OF THE CONSERVATION COMMISSION
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We, the undersigned Conservation Commission of the Town of North
Andover, Massachusetts pursuant to M.G.L. c.40, sec.8C approved the
foregoing conveyance to said town
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
Then personally appeared before me the above-named
and acknowledged the foregoing instrument to be the free act and deed of
the Conservation Commission of the Town of North Andover, before me.
Notary Public
My commission expires:
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GRANT OF DRAINAGE EASEMENT
Joseph E. Murray, Jr. and Rhoda Gee Wong, Trustees of Huckleberry
Trust, under Declaration of Trust dated May 29, 1998, recorded in the Essex
North District Registry of Deeds at Book 5080, Page 172 ("Cantors") of 70
Huckleberry Lane, North Andover, Massachusetts, for consideration paid,
grants to the Town of North Andover, a Massachusetts Municipal
Corporation, with an address of 120 Main Street, North Andover, MA
01845,
with Quitclaim Covenants,
a Drainage Easement for the purpose of installing, maintaining, repairing
and/or altering a covered surface and groundwater drain or drains with any
manholes, pipes, conduits, swales, and their appurtenance, and to do all
other acts incidental to the foregoing including the right to pass along and
'0 over the land for the aforesaid purpose.
The affected parcel is shown as that portion of Lot 7 designated as "Prop.
z Drainage Easement" on a Plan of land entitled, "Modification to the
Definitive and Special Permit Plan, Woodchuck Grove in North Andover,
Mass.", drawn for Sumner Street Realty Trust, 733 Turnpike Street, Suite
209, North Andover, Mass. 01845, Scale 1' = 40", Date: July 1, 1994,
revised February 7, 1995, drawn by Merrimack Engineering Services, Inc.,
66 Park Street, Andover, Mass. 0 18 10 which plan is recorded at the Essex
North District Registry of Deeds as Plan No. 12579.
a With regard to the above Easement, the Town of North Andover shall
forever have the right to construct, maintain, repair and replace drainage
work throughout said parcel and to conduct drainage thereon and to make
such entries thereon and therein as nnade fi om time to time being necessary
or convenient for such purposes.
N
d The undersigned Trustees of Huckleberry Trust under Declaration of
a-4 Trust dated May 29, 1998, recorded in the Essex North District Registry of
Deeds at Book 5080, Page 172 CERTIFY AS FOLLOWS:
(1) the undersigned are the sole trustees of the trust;
(2) the trust remains in full force;
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(3) that all the beneficiaries of the Trust have duly directed the Trustee to
execute this document;
(4) all the beneficiaries are of legal age, all the beneficiaries are I
competent and all the beneficiaries have authorized and directed this
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transfer for nominal consideration.
a
Being a portion of the same premises conveyed to Huckleberry Trust
by Deed recorded at Book 5080, Page 178.
Witness the execution hereof under seal this Xff/day of
2000.
HUCKLEBERRY TRUST
By Its Trustee
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'o ep E. Murr , Jr
HUCKLEBERRY TRUST
By Its Trustee,
Rli ,da Gee WJong
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. 2000
Then personally appeared the above-named Joseph E. Murray, Trustee
and aclalowledged the foregoing to be his free act and deed, and the free act
and deed of Huckleberry Trust, before nw,
Notaix �'ublic
My Corsi mission Expires;
My Commission rxpiros April 30,200q
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COMMONWEALTH OF MASSACHUSETTS
Ems, ss. , 2000 E
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Then personally appeared the above-named Rhoda Gee Wong,
Trustee and acknowledged the foregoing to be her free act and deed, and the
flee act and deed of Huckleberry Trust, before me,
Not Public
My ommission Expires:
YOLANDA CHIN
Notary Public
remission Expires Dec. 8, 2006
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GRANT OF DRAINAGE EASEMENT
Richard N. Denault and Roberta A. Denault, as husband and wife
("Grantors") of 80 Huckleberry Lane, North Andover, Massachusetts, for
consideration paid,
grant to the Town of North Andover, a Massachusetts Municipal
Corporation, with an address of 120 Main Street, North Andover, MA
01845,
with Quitclaim Covenants,
a Drainage Easement for the purpose of installing, maintaining, repairing
and/or altering a covered surface and groundwater drain or drains with any
0 manholes, pipes, conduits, swales, and their appurtenance, and to do all
other acts incidental to the foregoing including the right to pass along and
over the land for the aforesaid purpose.
0
The affected parcel is shown as that portion of Lot 8 designated as "Prop.
Drainage Easement" on a Plan of land entitled, "Modification to the
Definitive and Special Permit Plan, Woodchuck Grove in North Andover,
Mass.'.% drawn for Summer Street Realty Trust, 733 Turnpike Street, Suite
209, North Andover, Mass. 01845, Scale 1' = 40", Date: July 1, 1994,
revised February 7, 1995, drawn by Merrimack Engineering Services, Inc.,
66 Park Street, Andover, Mass. 01810 which plan is recorded at the Essex
co North District Registry of Deeds as Plan No, 12579.
With regard to the above Easement, the Town of North Andover shall
10 forever have the right to construct, maintain, repair and replace drainage
work throughout said parcel and to conduct drainage thereon and to make
Nsuch entries thereon and therein as may from time to time be necessary or
convenient for such purposes.
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Grantors hereby release any and all homestead rights in said drainage
easement.
Being a portion of the same premises conveyed to Richard N. Denault
and Roberta A. Denault, by Deed recorded at Book 4912, Page 5.
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Witness the execution hereof under seal this c day of
�- 2000.
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Richard N, Denault
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Roberta A. ' enault
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. f .. g , 2000
Then personally appeared the above-named Richard.N. Denault and
acknowledged the foregoing to be his free act and deed, before me,
N9 try"Public c.. �., �, VI
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. Aj,,t ,t 1 r . , 2000
Then personally appeared the above-named Roberta A. Denault and
acknowledged the foregoing to be her free act and deed, before me,
Nptd Public
My Commission Expires:
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Subordination Agreement 3
In consideration of$1.00 and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged, Medford Savings Bank, a Massachusetts
Corporation with its place of business at 29 High Street, Medford, Massachusetts, 02155,
the holder of a Mortgage from Richard W. Denault and Roberta A. Denault dated May 4,
1999 and recorded at the Essex North District Registry of Deeds at Book 5423, Page 253 3
and covering the property known as Lot S, shown on a plan of land entitled "Definitive
and Special Permit Plan of Land, Woodchuck Grove,North Andover, Mass."which plan
is dated July 1, 1994, and revised February 7, 1995 and filed with the Essex North
District Registry of Deeds as Plan No. 12579, hereby subordinates said Mortgage to a
Drainage Easement, from. said Richard W. Denault and Roberta A. Denault to the Town
of North Andover, dated , 2000, recorded
It is the intent of this instrument that said Drainage Easement shall be deemed to
have priority over the Mortgage to Medford Savings Bank as if the Drainage Easement
was recorded prior to said Mortgage.
Signed as a sealed instrument this ���day of_G�;�/�'r1 , 2000.
oMedford Savings Bank
By: Anthony Visco
Its: Senior Vice President P
Residential Mortgages
COMMONWEALTH OF MASSACHUSETTS
0 mi dj t e(ey , ss rI /� , 2000
co
Then personally appeared the above named Anthony Visco, Senior Vice President of
a) Residential Mortgages for Medford Savings Bank and, being duly authorized,
acl,2rowledged the foregoing to be his free act and deed and that of Medford Savings
Barak, before nee,
Notary Public ANA iVEUSSIE STEIDEI_
M Commission Expires: ���Public
Y p P�ByGcamml�slon MSpimsJune 21,2002
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Subordination Agreement
In consideration of$1.00 and other valuable consideration, the receipt and a
adequacy of which is hereby acknowledged, Medford Savings Bank, a Massachusetts
Corporation with its place of business at 29 High Street, Medford, Massachusetts, 02155,
the holder of a Mortgage from Richard W. Denault and Roberta A. Denault, dated
December 9, 1997 and recorded at the Essex North District Registry of Deeds at Book
4912, Page 15 and covering the property known as Lot S, shown on a plan of land
entitled "Definitive and Special Permit Plan of Land, Woodchuck Grove, North Andover,
Mass," which plan is dated July 1, 1994, and revised February 7, 1995 and filed with the
Essex North District Registry of Deeds as Plan No. 12579, hereby subordinates said
Mortgage to a Drainage Easement, from said Richard N. Denault and Roberta A.
Denault, as husband and wife to the Town of North Andover, dated ,
2000, and recorded
lu
It is the intent of this instrument that said Drainage Easement shall be deemed to
have priority over the Mortgage to Medford Savings Batik as if the Drainage Easement
was recorded prior to said Mortgage,
Signed as a sealed instrument this day of�%, 2000.
Medford Savings Bank
By: Anthony Visco
Its. Senior Vice President
Residential Mortgages
c�
x COMMONWEALTH OF MASSACHUSETTS
, ss �� , 2000
U) Then personally appeared the above named Anthony Visco, Senior Vice President of
a) Residential Mortgages for Medford Savings Bank and, being duly authorized,
aclu-iowledged the foregoing to be his free act and deed and that of Medford Savings
Bank, before me,
ANA iWELISSE STE]DEL
w Notary Public NOWY Pabfla
My Commission Expires: NVGornmisglen Expires Jurta 21,2002
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