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COMMONWEALTH OF MASSACHUSETTS a 005
HAMPSHIRE, $.S. DEPARTMENT OF THE
TRIAL COURT
SUPERIOR COURT DIVISION
CIVIL ACTION NO.
1780CV0005
JONATHAN SERVELLO and ]
MICKAYLA SHEPARD, ]
Plaintiffs jointly ]
seeking one ]
recovery
V. FIRST AMENDED COMPLAINT
LINEAR TITLE , LLC., ] HAMPSHIRE SUPERIOR COURT
SERVICE ONE, INC., doing ]
business as BSI FINANCIAL ] SEP 2.9 2017
SERVICES, ]
SUSAN E. PAULOVICH, ] i HARRY JEKANOWSKI, HHL
GLERK/MAGISTRATE
JAYSON FREDETTE,
VENTURES TRUST, 2013-I-H-R ]
BY MCM CAPTITAL PARTNERS, ]
LLC, its trustee, and
ALTA REALTY COMPANY, LLC. ]
Defendants ]
1. Jonathan Servello and Mickayla Shepard (Buyers) are individuals
residing at 967 Huntington Road, Worthington, Hampshire County,
Massachusetts and are the plaintiffs herein.
Linear Title, LLC, (Linear) is a Limited Liability Corporation doing
business in the State of Massachusetts, with a business address of
127 John Clark Road, Middletown, RI 02842.
Service One, INC., doing business as BSI Financial Services, (BSI
Financial Services) is a corporation doing business in the State of
Massachusetts, with an address of 7500 Old Georgetown Road,
Suite 1350, Bethesda, MD 20814 and 13111 E. Briarwood Ave., Suite
340, Centennial, CO 80112.
Susan E. Paulovich, (Seller) is an individual who resides at 5336
Franklin Pike SE, Floyd, VA 24091-2794 and formerly at 967
Huntington Rd., Worthington, MA 01098 and is one of the defendants
herein.
Jayson Fredette (Seller) is an individual with a last known address of
967 Huntington Rd., Worthington, MA 01098 and is one of the
defendants herein.
Ventures Trust, 2013-I-H-R by MCM Capital Partners LLC., its
trustee, (Ventures Trust) is a corporation doing business in the state
of Massachusetts with an address of 7500 Old Georgetown Road,
Suite 1300, Bethesda, MD 20814 and is one of the defendants
herein.
Alta Realty Company, LLC, (Alta) is a corporation doing business in
the state of Massachusetts with an address of 7500 Old Georgetown
Road, Suite 1350 Bethesda, MD 20814 and is one of the defendants
herein.
Jonathan Servello and Mickayla Shepard entered into a Purchase
and Sale Agreement, dated July 30, 2016, to purchase the property
located at 967 Huntington Road, Worthington, Hampshire County,
Massachusetts from Jayson Fredette and Susan E. Paulovich. A
copy of the Purchase and Sale agreement is attached to this
complaint and marked as Attachment “A”.
Jonathan Servello and Mickayla Shepard agreed to purchase the 967
Huntington Road, Worthington property for the sum of $205,000.00. A
condition of this sale was to receive short sale approval from Susan
E. Paulovich and Jayson Fredette’s bank, namely Ventures Trust,
2013-I-H-R by MCM Capital Partners LLC, its trustee which is
serviced by Service One, Inc., doing business as BSI Financial
Services. This approval was needed as the sellers owed more on
their loan than they were going to receive with a sale price of
$205,000.00 after deducting closing costs.
10 The Sellers’ bank was aware of the sale price and the terms of the
sale on or about the time the Purchase and Sale was executed and
intended to approve the short sale to avoid having to foreclose on the
sellers who were in default.
11 The sellers, Susan Paulovich and Jayson Fredette, together with
Ventures Trust and BSI Financial Services contracted with Alta to find
a buyer for the real estate, who together with Ventures Trust and BSI
Financial Services, contracted with Linear to coordinate the short
sale, prepare the deed, obtain the sellers signatures on the deed and
other closing documents and provide them to the buyers at the time
of the sale.
12 It was represented to Jonathan Servello and Mickayla Shepard that
Linear Title had a business relationship with BS! Financial Services
Alta and Ventures Trust and they were coordinating the closing on
their behalf as well as the sellers.
13 Jonathan Servello and Mickayla Shepard obtained financing for the
purchase of the home and the closing was scheduled for September
13, 2016.
14 Short sale approval was obtained for the amount of $188,314.00
which took into account all the closing costs incurred at the sale.
15 The Sellers’ bank ordered the sale to take place on September 13,
2016, time being of the essence.
16 Jonathan Servello and Mickayla Shepard obtained loan approval and
signed all of the paperwork required by their lender and all other
closing documents on September 43, 2016.
17 Linear Title stated that Susan E. Paulovich and Jayson Fredette had
signed the deed and that it had been sent by overnight mail from
Rhode Island to the buyers’ attorney for recording. They stated that
the sellers had not yet signed all other closing paperwork required by
the buyers’ lender or the sellers’ bank, but the closing should take
place as scheduled and they would follow up and obtain the sellers’
signatures shortly thereafter to finalize the closing.
18 Linear Title assured the buyers that the deed would be received no
later than September 14, 2016 for recording.
19 Payment was sent on September 14, 2016 to Linear Title and Alta, as
they had required, for payment for their services.
20 Jonathan Servello and Mickayla Shepard moved into the subject
property on September 14, 2016, understanding that the home was
vacant and open, that they had signed all documents that their bank
had required, that the deed was to be received that day, as Linear
Title had overnighted it to their attorney the day before. The sellers
had allowed them access to the home at all times prior to the closing
as they had vacated the property.
21 The deed was not received by the buyers’ attorney on September
14, 2016.
22 Jonathan Servello and Mickayla Shepard’s attorneys contacted
Linear regarding the missing deed who again assured them that the
deed had been signed and overnighted and that the sellers were
scheduled to sign the remaining closing paperwork and that would be
overnighted as well.
23 On September 15, 2016, the deed had still not arrived at the buyers’
attorney's office and Linear again represented that the deed was sent
and would be arriving, and that the sellers had signed all the
remaining sellers’ paperwork and they had overnighted all the
remaining sellers’ paperwork to the buyers’ attorney.
24 On September 16, 2016, Linear disclosed to the buyers’ attorney that
the deed had not, in fact, been signed and that they would be
obtaining Susan E. Paulovich and Jayson Fredette’s signatures on
the deed that day.
25 On Monday, September 19, 2016, Linear Title represented to the
buyers’ attorney that they had obtained only the signature of Susan
E. Paulovich on the deed and that Jayson Fredette had not signed
the deed and refused to do so.
26 The buyers financing was cancelled as a result of the failure of the
buyers to record the deed to the property in the Hampshire County
Registry of Deeds and the money they had received from the buyers’
bank was returned.
27 The closing was rescheduled for October 4, 2016.
28 Jonathan Servello and Mickayla Shepard obtained financing for that
date and again signed the closing documents as they were required.
29 A deed from Susan E. Paulovich and Jayson Fredette was sent from
Linear to the buyers’ attorney.
30 The closing could not take place and was canceled when it was
discovered that an execution on money judgment for money
damages had been recorded on September 27, 2016 against the
seller, Susan Paulovich Fredette. This created a title issue making it
impossible for the buyers to purchase the property free and clear of
all encumbrances. The buyers’ bank again ordered that financing be
returned and the closing was canceled.
31 To this date, the defendants have failed to clear the title defect and
the sellers have refused to sell the property to Jonathan Servello and
Mickayla Shepard.
32 Jonathan Servello and Mickayla Shepard, through their attorney, are
currently in possession of the deed signed by Susan E. Paulovich on
September 16, 2016 and Jayson Fredette on September 26, 2016.
This deed has not been recorded.
33. A Demand Letter was sent to the defendants pursuant to the
provisions of Massachusetts General Laws, Chapter 93A, Section 2
and Section 9 and the Rules and Regulations of the Attorney General
promulgated thereunder. A copy of the Demand Letter and
attachments is attached to this complaint and marked as Attachment
“BY
34 A response was received by all defendants except Susan E.
Paulovich and Jayson Fredette. A copy of the defendants’ two letters
in response to the plaintiffs demands is attached to this this
complaint and Attachment “C” and Attachment “D”. None of the
defendants made a reasonable offer of settlement.
COUNT 1
BREACH OF CONTRACT
35. The plaintiffs restate the allegations contained in the previous
paragraphs as if specifically restated herein.
36. The defendant's breached the Purchase and Sale agreement by
failing to sell the property to the buyers as well as by failing to
coordinate, obtain and provide the necessary paperwork for the sale
to take place as they had agreed to do.
COUNT 2
VIOLATIONS OF M.G.L. CHAPTER 93(A)
37. The plaintiffs restate the allegations contained in the previous
paragraphs as if specifically restated herein.
38 Linear Title is in the business of coordinating real estate closings,
obtaining short sale approval, obtaining the seller's signatures and
providing the required documents to the buyer at closing to
coordinate a sale. Linear Title is in business with defendants Alta,
Ventures Trust, and BS! Financial Services and worked with these
companies on this closing to coordinate the short sale to avoid having
to incur the expense of foreclosing on Jayson Fredette and Susan
Paulovich.
39, Alta, BSI Financial Services and Ventures Trust are in the business of
residential lending which includes the coordination of discharging
loans so buyers can buy property free of their mortgages. In this
case, they were financially benefiting from the short sale and the
buyers’ agreement to buy the property under the terms they agreed
on to avoid having to foreclose on the sellers.
40. By failing to obtain the signed deed from the seller, as they had
agreed to, and by representing that they had obtained and sent the
deed signed by the sellers when they had not, together with failing to
make a reasonable offer of settlement, and failing to ensure the sale
successfully closed, discharging the existing mortgage on the
property, the defendant's acts and practices were willful and knowing
and in violation of Massachusetts General Laws, Chapter 93A,
Section 2 and Section 9 and the Rules and Regulations of the
Attorney General promulgated thereunder. The defendants are
responsible to the plaintiffs for damages.
COUNT 3
SPECIFIC PERFORMANCE
41 The plaintiffs restate the allegations contained in the previous
paragraphs as if specifically restate herein.
42 Jayson Fredette and Susan Paulovich entered into a contract to sell
the property located at 967 Huntington Road, Worthington,
Massachusetts to Jonathan Servello and Mickayla Shepard. The
sellers’ bank agreed to discharge their mortgage under the terms of
the Purchase and Sale agreement entered into by the parties. The
sellers agreed to provide title to the property free of all liens or
encumbrances so the buyers could obtain financing.
43 The plaintiffs demand that this court order the transfer of 967
Huntington Road, Worthington, Massachusetts to the buyers and
order that the sellers transfer the property free of all liens.
COUNT 4
QUIET TITLE M.G.L. 240
44 The plaintiffs restate the allegations contained in the previous
paragraphs as if specifically restate herein.
45 Jayson Fredette and Susan Paulovich signed a General Warranty
Deed to Jonathan W. Servello and Mickayla S. Shepard, which was
signed by Susan E. Paulovich on September 16, 2016 and Jayson
Fredette on September 26, 2016
46 The purpose of Jayson Fredette and Susan Paulovich signing the
deed to Johnathan W. Servello and Mickayla Shepard was to
facilitate a short sale.
47 The short sale transaction included an agreement by Ventures Trust,
2013-I-H-R by MCM Capital Partners LLC, its trustee, which is
serviced by Service One, Inc., to discharge the debt owed by Jayson
Fredette and Susan Paulovich.
48 Plainff's seek to quiet title as shown by the deed.
49 A copy of the deed from Jayson Fredette and Susan Paulovich is
attached to this complaint and marked as Attachment “E”.
COUNT 5
BREACH OF WARRANTY M.G.L Chapter 183 Section 10
50 The plaintiffs restate the allegations contained in the previous
paragraphs as if specifically restate herein.
51 Jayson Fredette and Susan Paulovich signed a General Warranty
Deed to Jonathan W. Serveillo and Mickayla S. Shepard, which was
signed by Susan E. Paulovich on September 16, 2016 and Jayson
Fredette on September 26, 2016
52 The defendants Jayson Fredette and Susan Paulovich breached the
statutory warranty covenants provided through the deed by failing to
deliver clear title and defending the same.
WHEREFORE, the plaintiffs demand:
Judgement against the defendants on all counts of the plaintiffs’
Compiaint.
The plaintiffs demand judgement against the defendants on Count 2
of the plaintiffs’ complaint and three times the amount of their actual
damages, plus attorney's fees and costs.
Payment of all attorney’s fees, costs and interest.
Specific Performance on Count 3 of the plaintiffs’ complaint.
That the Court determine and declare that Plaintiffs hold record title to
the Property, and that the interests of defendants Jayson Fredette
and Susan Paulovich are extinguished. -
That this Court award all damages to Plaintiffs resulting from
defendants Jayson Fredette’s and Susan Paulovich’s breach of
statutory warranty covenants.
For such other relief as the court may deem just and proper.
TRIAL BY JURY ON ALL COUNTS SO TRIABLE
September 26, 2017
(J
Patric! . Melnik Jr., Esq
110 ing Street
Noghampton, Ma 01060
(413) 584-6750
BBO # 663089
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4 Attack men t A “
From: Kyle J. Paine
Attorney at Lav
373 Boylston st.
Newton, HA 02459
(617) 905-4152 _
kyle@kylepainelegal.cam
‘PURCHASE AND SALE AGREEMENT
This of July 2016 *
L PARTIES:
Ss.
Susan B, Patlovich and Jayson Fredejle, of 967 Huntington
Rd. Worthington, Massachusetts
hereinafter calfed the SELLER, agrelfé to SELL and
Jonathan W, Servello and. Mickayla BP Shepard, of 120 South Worcesler Street, Norton MA 02766,
hereinafter called the BUYER or PURCHASER, agrees fo BUY, upon the terms hereinafter set forth,
i
the following described premises: :
2, DESCRIPTION
‘The land and buildings thereon known and numbered as 967 Huntington Rd., Worthington,
Massacimsetts. Further described in-a Deed dated May 8, 2007, and recorded at the Hampshire
County, Registry of Deeds on May 18, 2007, in Book 9133, Page 22, a copy of ‘which is attached
hereto,
3. BULLDINGS, srrucrures, IMPROVEMENTS, FIXTURES - —~--~
. Included in the sale as a partof said premises are the buildings, structures, and improvenierits now
theron, and the fixtnres belonging to the SELLER and used in connection therew) th including, ifany,
all wall-to-wall carpeting, drapery rods, automiatic garage door openers, Venetia
n blinds, widow:
shades, screens, screen doors, storm windows and doors, awnings, sluitters
, furnaces, heaters, heating
equipment, stoves, ranges, oil and gas burners and fixtures appurtenant
thereto, hot water heaters,
plumbing and bathroom fixtures, garbage disposals, electric and other fighting
fixtures, mantels,
outside television antennas, Fences, gates, trees, shru bs, plants, and,
Specifically Excluded: Sefler’s Personal Belongings
4, TITLE DEED
Said premises are to be convey: ed by a good and sufficient quitcla
im deed running to the BUYER, or
to the notinee designated by the BUYER by written nolice
lo the SELLER at least seven, business
days before the deed is fo be.¢ telivered as herein provided, and said deed
shall convey a good and
Slear record and marketable title thereto, free fro! ny encumbrances,
except
a) Provisions of existing building and zoning laws;
by Sich taxes for the then current year as are not due mid payable on the date of the
such deed; delivery of
°) Any liens for municipal betterments nssesse d after the date of this agree
ment;
ad)Easements, restriclions and reservations of. record, ifany, so long
as the sarge do not prohibit
or materially interfere with the current use of
said premis es nS a single family residence,
5, PLANS
Tf said deed refers to a plan diecessaiy (0 be recor
ded therewith thé SELLER shall d
with the deed in form adequate for recordin; cliver such plan
8 Or registration,
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6 REGISTERED TITLE
is registered, said deed shall be in form
in addition to the foregoing, if the title to said premises
said premises, and the SELLER shall
sufficient to entitle the BUYER. to a Certificate o £ Title of
ary to ena ble the BUYER to obtain such
deliver with said deed all instruments, ifany, necess
Certificate of Title.
q PURCHASE PRICE
‘The agreed purchase price for said premises is Two Hundr
ed Five ‘Thovsand 00/100 dollars
($205,000.00), of which:
$500.00 paid with Offer to Purchase;
.
$9,750.00 aré lo be paid this day;
by certified,
$194,750.00 are to be paid at the time of delivery of the deed In cash or
cashier's, treasurer's or bank check(s), bank attormney’s trust account
checks, wire transfer or Attorney's IOLTA account;
$205,000.00 TOTAL ,
TIME FOR PERFORMANCE; DELIVERY OF DELD 7.4
Th August
aontst 2! 616 at the office of the
Sucli deed is to be delivered at (2:00 o'clock P.M. on the Hei ditper
Buyer’s bank altorney, unless otherwise agreed w! pon in wai ing: It is agreed that time is of the *
essence of (his agreement.
% POSSESSION AND CONDITION OF PREMISES
Full posse: ssion of said premises free of all fenants and occupants
is to be delivered at the tine of the
now are, reasonable
delivery of thé deed, said premise: sto be then (a) in the same condition as they
use and wear thereof excepted; an 4 (b) not: in-violation of said building and zoning laws, and (c) in
be
compliance with provisions of any instrument referred to in. clause 4 hereof. The BUYER shall
entitled personally to inspect said premises prior to the delivery of the deed in order to determine
whether the condition thereof complies with the terms of this clause,
‘10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
the SELLER shall be unable to give tifle or to make conveyance, or to deliver possession of the
premises, all as herein stipulated, or if at the time of the delivery of the deed the premises. do not
conform with the provisions hereof; then the SELLER shall use reasonable efforts to remove any”
defects in title, or to deliver possession as provided herein, or to make the said premises conform to
the provisions hereof, as the case may' be, in which event (he SELLER shaft give written notice
thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
performance hereof shall be extended for # period of ihirly days. Nothing herein shall sequire the
Seller to spend in excess of $1500 exclusive of voluntary liens or encumbrances but inclusive of
reasonable attorney's fees.
il, FAILURE TO PERTECT TITLE OR MAKE PREMISES CONFORM
If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,
deliver possession, or make the premisés contorn, as the case may be, all as herein agreed, or ifat any
time dining thé pétidd of this agreement or any extension thereof, the holder of d nioitgageoii said
premises shall refuse to permit the insurance proceeds, if any, to be nsed for such purposes, then any
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payments made under this agreement shall be forthwith refimded and all other obligations of the
parties licreto shall cease and this agreement shall be void without recourse to the parties hereto,
12. BOVER’s ELECTION TO ACCEPT TITLE
The BUYER shall have the election, at either the original or any extended time for performan
ce, to
accept such fille as the SELLER can deliver to the said premises in their then condition and to. pay
therefore the purchase price without deduction, in which case the SELLER shall eouvey such title,
except that in the event of such conveyance in accord with the provisions of this clause, if the said
premises shall have been damaged by fire or casualty insured a; gainst, thien the SELLER shall, unless
the SELLER has previously restored the premises to their former condition, cither
1) pay over or assign to the BUYER, on delivery of the deed, all auriounts recovere
d or
recoverable on account of such insurance, less any amouats reasonably expended
by the
SELLER for any partial restoration, or
2) ifa holder of a morigage ‘on said premises shall not permit the Insurance proceeds
ora
part {hereof to be used fo restore the saicl premises to their former conditio
n or to be so
paid over or assigned, give to the BUYER o credit against the ptirchase price, on.delivery
of the deed, eqital to said amounts so recovered or recoverable and retained
by the holder
of the said mortgage less any amounts reasonably expended by the SBLLER for any
partial restoration.
13, ACCEPTANCE OF DEED
The acceptance ofa deed by the BUY: ER or his nominee as the ease
may be, shall be deemed to be a
fall performance and discharge of evel ry
agreement and obligation herei confained or expressed,
except such as are, by the >
terms hereof, t ‘o be performed after the delivers: of said deed.
La. USE OF MONEY TO CLEAR TITLE
To enable the SELLER to make conveyance as herein
provided, the SELLER may, at the time of
delivery of the deed, use the purchase money or any
portion thércof to clear the title of any or all
cneum brances or interests, provided that all instruments $0
procured are recorded simultaneously with
ihe delivery of said deed.
45, INSURANCE
Until the defivery of the deed, the SELLER. shall maint
ain insurance on said premises as foltows:
Dype of lnsurance—,
Eire
and-Extended.Goverage— Ss presenthtinuned *
16, ADJUSTMENTS
Water and sewer use charges, operatin ig expe
nses (if any) accordin g to the schedule
set forth betow, and taxes for the then eurte attached hereto or
nt fiscal year, shall he apportioned and fitel
adjusted, as of the d; lay of performance
of this agreement and the n: el amount thereof
value shall be
or deducted from, as the case may be, ihe purc shall be aided to
hase price payable. by the BUYER at
delivery of the deed. the time of
17, ADJUSTMENTS OF UNASSE: ‘SSED AND ABATED TAXES
Af the amount of said taxes is not known
at ihe time of the delivery of the deed,
apportioned on the basis of the taxe they shall be
s ass ieSSt ed for the preceding fis« cal year,
soow as the new tax rate and valuation with a reapportionment as
can be ascertained; and,if the taxes: : Whic
apportioned shall thereafter be redu h re to be
ced by abatement, the amount of
reasonable cost of obtaining the same such ab: atement, less the
, shall If be apportioned between
the part ies, provided that neither
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Frog:
: in otherwise
to insti tute or pros ecut e proc eedi ngs fo (an abatement aniess here
party shall be obligated
agreed.
18 BROKER'S FEE eementNo. 71784491 is
$8, 200.00 as per MLS Listing Agr
A Broker's fee for professionit | services of when tifle passes
the SEL LER to Ada ms Real ty, the Seller's Bro! ker(s) herein, if, as and
due from lly with Delap Real Estate.
hereunder, and not before. Broker's fee is to be sp! lit equa
19. BROKERS) WARRANTY that the Broker(s) is
Broke r(s} name d hi erein Adam s Realt y and Delap Real Estate wwarrant(s)
‘The achusetts.
nwealth of Mass
fare) duly ficensed as such by the Comma
DEPOSITS ct to the
ow by Adams Really as esorow ageint subje
20,
All deposits made hereun der shall be held in escr orma nce of this agre ement.
nted for at the time for perf
terms of this agreement and shall be daly accou s, the escrow agent shall retain all deposits made
In the event of any disagreement between the partie ora court
ally g ven by the SELLER and the BUYER
under this agreement pending instructions mutu
of competent jurisdiction.
DUVER’S DEFAULT; DAM. AGES .
al.
greements herein, all deposits made here
under by the
Ifthe BUYER shail fail to fulfill the puyER ’s4
ER as liquidated damages, which shall be the.
SELLER's sole
BUYER shali be retained by the SELL ene ee
andl exclusive remedy at faw andl in squily?
RELEASE BY HUSBAND oR WIRE +
deed and fo release and convey all statutory and’ /
22,
‘The SELLER's spouse hereby agrees lo J join in snid
other rights and interests in said premises.
23, LIABILATY OF TRUSTEE, S HAREHOLDER,
BENEFICIARY
this agree m ient ina represontative or fiduciary capacity, only the
{fthe SELLER or BUYER executes SELLER or BUYER so executing,
principalor the estate represented shall be bount d, and neither the s
shall be personally liable for any obligation, expres
nor any shareholder or beneficiary ofany trust,
or implied, hereunder,
24, WARRANTIES AND REE: RESENTATIONS
influenced to enter into this tvansaction nor
The BUYER acknowledges that the BU YER has not been
has he relied wpon any warranties or represt entations not
set forth or incorporated in this agreement
ons, ifany, made by either the SELLER
except for the following add itional warranties and vepresentali
or the Broker(s): “None
25, BROKER AS PARTY
s) a parly hereto, insofar as any
‘The Broker(s) named herein join(s) in this agreement and become(
, and to any amendments or
provisions of this agreement expressly apply to the Broker(s)
modifications of such provisions to which the Broker(s) agree(s) in writing.
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26. MORTGAGE CONTINGENCY CLAUSE
In order to hetp finance the acquisition of said premises, the BUYER shall apply for
a conventional
rates, terms and conditions. 1f
bank or other institutional mortgage loan of $194,750.00 at prevailing
despite the BUYER’s dilig ent efforts a commitment for such foan cannot be obtained on or before
046.the BUYER may terminate this agreement by written notice to the SELLER and/or the
& vp £7 [yy toty25p2 on any payments
é avait Broker(s),
as agent(s) for the SELLER, pris to the expiration of such time, whereup
refunded andall other obligations of the parties hereto
made under this agreement shall be forlhwith
shall cease and this agreement shall be void without recourse to the parties hereto, In no event will the
BUYER be deemed to have used diligent efforts to oblain such commitment unless the BUYER
submits a complete mortgage loan application conforming to the foregoing provisions within tyo
business days of a fully executed Purchase and Sale Agreement.
27. CONSTRUCTION O F AGREEMENT
This Instrument, executed in multiple counterparts, is to be constmedt asa Massachusetts contract, is
to lake effect ay 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
instrament executed by both the SELLER and the BUYER. {f (wo or more persons are named herein
as BUYER their obligations hereunder shall be Joint and several. The captions and marginal notes are
used only as.a matter of convenience and are not to be consid: leved apart of Ibis agreement ot fo bé
used in determining
the intent of the parties to it,
28. LEAD PAINT LAW
The parlies acknowledge that, under Massachusetts law, wheiever a child or children under six yours
of age resides in any residential premises in which any paint, plaster or other accessible material
contains dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster
or other material so as to make it inaccessible to children under six years of age. :
29, SMOKE DECTECTORS AND CARBON MONOXIDE DETECTORS
The SELLER shall, at the time of the delivery of the deed, deliver a certificate from the fire
department of the-cily or town in which said premises are located stating that said premises have been
equipped with approved smolce detectors and carbon monoxide detectors in conformity with
applicable law.
30. ADDITIONAL PROVISIONS
The initialed riders, if any, attached hereto, sre incorporated herein by reference.
Buyer's Lender will be responsible for obtaining and paying for Title V Certificate, Sale subjectto
Title V Certification.
See Rider A attached hereto and incorporated herein
NOTICE: This is a legal document that creates blading obligations. Tf not understood, consult an attorney,
08/03/2016 14:50 #368 P.007/012
From:
SELLER - Jayson Fredette
7D
SELLER - Susan E. Paulovich
<
-
or
ickay! . Shepard «
, BUMAR= Mattar. Benvello Ss
meee e e ne
aes
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ss
RIDER A
TO PURCHASE AND SALE AGREEMENT CONCERNING
967 HUNTINGTON RD. WORTHINGTO. IN, MA 01098
SELLERS:
32, BUYER represents and agrees that BUYER has been provided ample Opportunity
fo conduct any and all itispections of the Premises desired by the BUYER,
including, without Jimitation, mechanical, structural, utility systems, pest, termite,
lead paint, asbestos; groundwater tables, radon, mold and any hazardous
chemicats, materials or substances and any and all appliances and personal
Property being conveyed with the, Premises as provided in this Agreement, and
that BUYER is fully satisfied with the results of same, the condition of the
Premises, and accepts the Premises “AS 1S" (as of the, time of
BUYER's
inspection), reasonable use and wear thereof. excepted, and is t relying upon any
representations of the SELLER or SELLER's agents regarding the Preinises
(stractural or otherwise), including, without limitation, as to the characte
r, quality,
use, value, quantily or condition of ike Premises, except as expressly set forth
herein. Any statements which may haye previously been made by the SELLER,
including without limitation in any_realtor’s/broker’s questionnaire or so-calle
d
“Seller's Disclosure Statement” or property listing information, if any, are
specifically hereby voided and are su perseded by this Agecement:~ BUYER
further acknowledges and agtces th at this provision has been specifically
hegotiated between SELLER, and BU’ 'YER, that BUYER has
been represented by
counsel in said negotiation, and that SELLER would
not enter into this
Agreement but for the inclusion of this ackno wiedgement
and disclaimer herein.
The provisions of this Paragraph shall survive the Closing and
delivery of the
Deed hereunder.
.
3.+ Paragsaph 14 of the Purchase and Sale A, greement is amended by adding the
following language:
However, in the event there is a morigage or moitg
ages held by an institutional
lender, th © instruments to discharge same m ay be recor
ded after the delivery of
the deed, so long as arrangements have been
m1. ade for obtaining same in
accordance with usual conveyancing practices.
34. The Seller hereby agrees to sign and deliver
', at the time of performance, such
affidavits, documents and certificates as m
ay be reasonably required by the
lending institution which is providing the pur
hase money mortgage funds to the
Buyer for this transaction provided th at the
same are reasonably requested by such
lending institution,
4 The ability to secure finanein ig, 45 a condition of this
contingent upon the sale or clos’ ing of contract, shall not be
other real estate.
08/03/2016 14:50 #368 P.009/012
Frow?
to permit
date o| f this Agr eem ent, SELLER agree: 5
‘Access: From and after the to the said
son abl e acc ess , at reasonable tines,
BUYER and its designees , rea ce of
sha ll be exe rc! ised only in the presen
Premises. Said righ at of acc ess
after reasonable prior
named herein, and only
SELLER, or the SE LL ER 's Bro ker Under no stich
and wit h SE LLER’s prior consent.
notice to the SEI LL ER e allowed to make
BU YE R or any agen t of the B' UYER bi
shal l the the prior written
circumstance
to the Pre mis es dur ing their access, without
any sort of alte rati on YER agrees fo
con sid era tio n of the for
Preview
ou COMMONWEALTH OF MASSACHUSETTS a 005 HAMPSHIRE, $.S. DEPARTMENT OF THE TRIAL COURT SUPERIOR COURT DIVISION CIVIL ACTION NO. 1780CV0005 JONATHAN SERVELLO and ] MICKAYLA SHEPARD, ] Plaintiffs jointly ] seeking one ] recovery V. FIRST AMENDED COMPLAINT LINEAR TITLE , LLC., ] HAMPSHIRE SUPERIOR COURT SERVICE ONE, INC., doing ] business as BSI FINANCIAL ] SEP 2.9 2017 SERVICES, ] SUSAN E. PAULOVICH, ] i HARRY JEKANOWSKI, HHL GLERK/MAGISTRATE JAYSON FREDETTE, VENTURES TRUST, 2013-I-H-R ] BY MCM CAPTITAL PARTNERS, ] LLC, its trustee, and ALTA REALTY COMPANY, LLC. ] Defendants ] 1. Jonathan Servello and Mickayla Shepard (Buyers) are individuals residing at 967 Huntington Road, Worthington, Hampshire County, Massachusetts and are the plaintiffs herein. Linear Title, LLC, (Linear) is a Limited Liability Corporation doing business in the State of Massachusetts, with a business address of 127 John Clark Road, Middletown, RI 02842. Service One, INC., doing business as BSI Financial Services, (BSI Financial Services) is a corporation doing business in the State of Massachusetts, with an address of 7500 Old Georgetown Road, Suite 1350, Bethesda, MD 20814 and 13111 E. Briarwood Ave., Suite 340, Centennial, CO 80112. Susan E. Paulovich, (Seller) is an individual who resides at 5336 Franklin Pike SE, Floyd, VA 24091-2794 and formerly at 967 Huntington Rd., Worthington, MA 01098 and is one of the defendants herein. Jayson Fredette (Seller) is an individual with a last known address of 967 Huntington Rd., Worthington, MA 01098 and is one of the defendants herein. Ventures Trust, 2013-I-H-R by MCM Capital Partners LLC., its trustee, (Ventures Trust) is a corporation doing business in the state of Massachusetts with an address of 7500 Old Georgetown Road, Suite 1300, Bethesda, MD 20814 and is one of the defendants herein. Alta Realty Company, LLC, (Alta) is a corporation doing business in the state of Massachusetts with an address of 7500 Old Georgetown Road, Suite 1350 Bethesda, MD 20814 and is one of the defendants herein. Jonathan Servello and Mickayla Shepard entered into a Purchase and Sale Agreement, dated July 30, 2016, to purchase the property located at 967 Huntington Road, Worthington, Hampshire County, Massachusetts from Jayson Fredette and Susan E. Paulovich. A copy of the Purchase and Sale agreement is attached to this complaint and marked as Attachment “A”. Jonathan Servello and Mickayla Shepard agreed to purchase the 967 Huntington Road, Worthington property for the sum of $205,000.00. A condition of this sale was to receive short sale approval from Susan E. Paulovich and Jayson Fredette’s bank, namely Ventures Trust, 2013-I-H-R by MCM Capital Partners LLC, its trustee which is serviced by Service One, Inc., doing business as BSI Financial Services. This approval was needed as the sellers owed more on their loan than they were going to receive with a sale price of $205,000.00 after deducting closing costs. 10 The Sellers’ bank was aware of the sale price and the terms of the sale on or about the time the Purchase and Sale was executed and intended to approve the short sale to avoid having to foreclose on the sellers who were in default. 11 The sellers, Susan Paulovich and Jayson Fredette, together with Ventures Trust and BSI Financial Services contracted with Alta to find a buyer for the real estate, who together with Ventures Trust and BSI Financial Services, contracted with Linear to coordinate the short sale, prepare the deed, obtain the sellers signatures on the deed and other closing documents and provide them to the buyers at the time of the sale. 12 It was represented to Jonathan Servello and Mickayla Shepard that Linear Title had a business relationship with BS! Financial Services Alta and Ventures Trust and they were coordinating the closing on their behalf as well as the sellers. 13 Jonathan Servello and Mickayla Shepard obtained financing for the purchase of the home and the closing was scheduled for September 13, 2016. 14 Short sale approval was obtained for the amount of $188,314.00 which took into account all the closing costs incurred at the sale. 15 The Sellers’ bank ordered the sale to take place on September 13, 2016, time being of the essence. 16 Jonathan Servello and Mickayla Shepard obtained loan approval and signed all of the paperwork required by their lender and all other closing documents on September 43, 2016. 17 Linear Title stated that Susan E. Paulovich and Jayson Fredette had signed the deed and that it had been sent by overnight mail from Rhode Island to the buyers’ attorney for recording. They stated that the sellers had not yet signed all other closing paperwork required by the buyers’ lender or the sellers’ bank, but the closing should take place as scheduled and they would follow up and obtain the sellers’ signatures shortly thereafter to finalize the closing. 18 Linear Title assured the buyers that the deed would be received no later than September 14, 2016 for recording. 19 Payment was sent on September 14, 2016 to Linear Title and Alta, as they had required, for payment for their services. 20 Jonathan Servello and Mickayla Shepard moved into the subject property on September 14, 2016, understanding that the home was vacant and open, that they had signed all documents that their bank had required, that the deed was to be received that day, as Linear Title had overnighted it to their attorney the day before. The sellers had allowed them access to the home at all times prior to the closing as they had vacated the property. 21 The deed was not received by the buyers’ attorney on September 14, 2016. 22 Jonathan Servello and Mickayla Shepard’s attorneys contacted Linear regarding the missing deed who again assured them that the deed had been signed and overnighted and that the sellers were scheduled to sign the remaining closing paperwork and that would be overnighted as well. 23 On September 15, 2016, the deed had still not arrived at the buyers’ attorney's office and Linear again represented that the deed was sent and would be arriving, and that the sellers had signed all the remaining sellers’ paperwork and they had overnighted all the remaining sellers’ paperwork to the buyers’ attorney. 24 On September 16, 2016, Linear disclosed to the buyers’ attorney that the deed had not, in fact, been signed and that they would be obtaining Susan E. Paulovich and Jayson Fredette’s signatures on the deed that day. 25 On Monday, September 19, 2016, Linear Title represented to the buyers’ attorney that they had obtained only the signature of Susan E. Paulovich on the deed and that Jayson Fredette had not signed the deed and refused to do so. 26 The buyers financing was cancelled as a result of the failure of the buyers to record the deed to the property in the Hampshire County Registry of Deeds and the money they had received from the buyers’ bank was returned. 27 The closing was rescheduled for October 4, 2016. 28 Jonathan Servello and Mickayla Shepard obtained financing for that date and again signed the closing documents as they were required. 29 A deed from Susan E. Paulovich and Jayson Fredette was sent from Linear to the buyers’ attorney. 30 The closing could not take place and was canceled when it was discovered that an execution on money judgment for money damages had been recorded on September 27, 2016 against the seller, Susan Paulovich Fredette. This created a title issue making it impossible for the buyers to purchase the property free and clear of all encumbrances. The buyers’ bank again ordered that financing be returned and the closing was canceled. 31 To this date, the defendants have failed to clear the title defect and the sellers have refused to sell the property to Jonathan Servello and Mickayla Shepard. 32 Jonathan Servello and Mickayla Shepard, through their attorney, are currently in possession of the deed signed by Susan E. Paulovich on September 16, 2016 and Jayson Fredette on September 26, 2016. This deed has not been recorded. 33. A Demand Letter was sent to the defendants pursuant to the provisions of Massachusetts General Laws, Chapter 93A, Section 2 and Section 9 and the Rules and Regulations of the Attorney General promulgated thereunder. A copy of the Demand Letter and attachments is attached to this complaint and marked as Attachment “BY 34 A response was received by all defendants except Susan E. Paulovich and Jayson Fredette. A copy of the defendants’ two letters in response to the plaintiffs demands is attached to this this complaint and Attachment “C” and Attachment “D”. None of the defendants made a reasonable offer of settlement. COUNT 1 BREACH OF CONTRACT 35. The plaintiffs restate the allegations contained in the previous paragraphs as if specifically restated herein. 36. The defendant's breached the Purchase and Sale agreement by failing to sell the property to the buyers as well as by failing to coordinate, obtain and provide the necessary paperwork for the sale to take place as they had agreed to do. COUNT 2 VIOLATIONS OF M.G.L. CHAPTER 93(A) 37. The plaintiffs restate the allegations contained in the previous paragraphs as if specifically restated herein. 38 Linear Title is in the business of coordinating real estate closings, obtaining short sale approval, obtaining the seller's signatures and providing the required documents to the buyer at closing to coordinate a sale. Linear Title is in business with defendants Alta, Ventures Trust, and BS! Financial Services and worked with these companies on this closing to coordinate the short sale to avoid having to incur the expense of foreclosing on Jayson Fredette and Susan Paulovich. 39, Alta, BSI Financial Services and Ventures Trust are in the business of residential lending which includes the coordination of discharging loans so buyers can buy property free of their mortgages. In this case, they were financially benefiting from the short sale and the buyers’ agreement to buy the property under the terms they agreed on to avoid having to foreclose on the sellers. 40. By failing to obtain the signed deed from the seller, as they had agreed to, and by representing that they had obtained and sent the deed signed by the sellers when they had not, together with failing to make a reasonable offer of settlement, and failing to ensure the sale successfully closed, discharging the existing mortgage on the property, the defendant's acts and practices were willful and knowing and in violation of Massachusetts General Laws, Chapter 93A, Section 2 and Section 9 and the Rules and Regulations of the Attorney General promulgated thereunder. The defendants are responsible to the plaintiffs for damages. COUNT 3 SPECIFIC PERFORMANCE 41 The plaintiffs restate the allegations contained in the previous paragraphs as if specifically restate herein. 42 Jayson Fredette and Susan Paulovich entered into a contract to sell the property located at 967 Huntington Road, Worthington, Massachusetts to Jonathan Servello and Mickayla Shepard. The sellers’ bank agreed to discharge their mortgage under the terms of the Purchase and Sale agreement entered into by the parties. The sellers agreed to provide title to the property free of all liens or encumbrances so the buyers could obtain financing. 43 The plaintiffs demand that this court order the transfer of 967 Huntington Road, Worthington, Massachusetts to the buyers and order that the sellers transfer the property free of all liens. COUNT 4 QUIET TITLE M.G.L. 240 44 The plaintiffs restate the allegations contained in the previous paragraphs as if specifically restate herein. 45 Jayson Fredette and Susan Paulovich signed a General Warranty Deed to Jonathan W. Servello and Mickayla S. Shepard, which was signed by Susan E. Paulovich on September 16, 2016 and Jayson Fredette on September 26, 2016 46 The purpose of Jayson Fredette and Susan Paulovich signing the deed to Johnathan W. Servello and Mickayla Shepard was to facilitate a short sale. 47 The short sale transaction included an agreement by Ventures Trust, 2013-I-H-R by MCM Capital Partners LLC, its trustee, which is serviced by Service One, Inc., to discharge the debt owed by Jayson Fredette and Susan Paulovich. 48 Plainff's seek to quiet title as shown by the deed. 49 A copy of the deed from Jayson Fredette and Susan Paulovich is attached to this complaint and marked as Attachment “E”. COUNT 5 BREACH OF WARRANTY M.G.L Chapter 183 Section 10 50 The plaintiffs restate the allegations contained in the previous paragraphs as if specifically restate herein. 51 Jayson Fredette and Susan Paulovich signed a General Warranty Deed to Jonathan W. Serveillo and Mickayla S. Shepard, which was signed by Susan E. Paulovich on September 16, 2016 and Jayson Fredette on September 26, 2016 52 The defendants Jayson Fredette and Susan Paulovich breached the statutory warranty covenants provided through the deed by failing to deliver clear title and defending the same. WHEREFORE, the plaintiffs demand: Judgement against the defendants on all counts of the plaintiffs’ Compiaint. The plaintiffs demand judgement against the defendants on Count 2 of the plaintiffs’ complaint and three times the amount of their actual damages, plus attorney's fees and costs. Payment of all attorney’s fees, costs and interest. Specific Performance on Count 3 of the plaintiffs’ complaint. That the Court determine and declare that Plaintiffs hold record title to the Property, and that the interests of defendants Jayson Fredette and Susan Paulovich are extinguished. - That this Court award all damages to Plaintiffs resulting from defendants Jayson Fredette’s and Susan Paulovich’s breach of statutory warranty covenants. For such other relief as the court may deem just and proper. TRIAL BY JURY ON ALL COUNTS SO TRIABLE September 26, 2017 (J Patric! . Melnik Jr., Esq 110 ing Street Noghampton, Ma 01060 (413) 584-6750 BBO # 663089 From: 08/03/2016 14:48 #368 P.002/012 4 Attack men t A “ From: Kyle J. Paine Attorney at Lav 373 Boylston st. Newton, HA 02459 (617) 905-4152 _ kyle@kylepainelegal.cam ‘PURCHASE AND SALE AGREEMENT This of July 2016 * L PARTIES: Ss. Susan B, Patlovich and Jayson Fredejle, of 967 Huntington Rd. Worthington, Massachusetts hereinafter calfed the SELLER, agrelfé to SELL and Jonathan W, Servello and. Mickayla BP Shepard, of 120 South Worcesler Street, Norton MA 02766, hereinafter called the BUYER or PURCHASER, agrees fo BUY, upon the terms hereinafter set forth, i the following described premises: : 2, DESCRIPTION ‘The land and buildings thereon known and numbered as 967 Huntington Rd., Worthington, Massacimsetts. Further described in-a Deed dated May 8, 2007, and recorded at the Hampshire County, Registry of Deeds on May 18, 2007, in Book 9133, Page 22, a copy of ‘which is attached hereto, 3. BULLDINGS, srrucrures, IMPROVEMENTS, FIXTURES - —~--~ . Included in the sale as a partof said premises are the buildings, structures, and improvenierits now theron, and the fixtnres belonging to the SELLER and used in connection therew) th including, ifany, all wall-to-wall carpeting, drapery rods, automiatic garage door openers, Venetia n blinds, widow: shades, screens, screen doors, storm windows and doors, awnings, sluitters , furnaces, heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, garbage disposals, electric and other fighting fixtures, mantels, outside television antennas, Fences, gates, trees, shru bs, plants, and, Specifically Excluded: Sefler’s Personal Belongings 4, TITLE DEED Said premises are to be convey: ed by a good and sufficient quitcla im deed running to the BUYER, or to the notinee designated by the BUYER by written nolice lo the SELLER at least seven, business days before the deed is fo be.¢ telivered as herein provided, and said deed shall convey a good and Slear record and marketable title thereto, free fro! ny encumbrances, except a) Provisions of existing building and zoning laws; by Sich taxes for the then current year as are not due mid payable on the date of the such deed; delivery of °) Any liens for municipal betterments nssesse d after the date of this agree ment; ad)Easements, restriclions and reservations of. record, ifany, so long as the sarge do not prohibit or materially interfere with the current use of said premis es nS a single family residence, 5, PLANS Tf said deed refers to a plan diecessaiy (0 be recor ded therewith thé SELLER shall d with the deed in form adequate for recordin; cliver such plan 8 Or registration, From: 08/03/2016 14:48 #368 P.003/012 6 REGISTERED TITLE is registered, said deed shall be in form in addition to the foregoing, if the title to said premises said premises, and the SELLER shall sufficient to entitle the BUYER. to a Certificate o £ Title of ary to ena ble the BUYER to obtain such deliver with said deed all instruments, ifany, necess Certificate of Title. q PURCHASE PRICE ‘The agreed purchase price for said premises is Two Hundr ed Five ‘Thovsand 00/100 dollars ($205,000.00), of which: $500.00 paid with Offer to Purchase; . $9,750.00 aré lo be paid this day; by certified, $194,750.00 are to be paid at the time of delivery of the deed In cash or cashier's, treasurer's or bank check(s), bank attormney’s trust account checks, wire transfer or Attorney's IOLTA account; $205,000.00 TOTAL , TIME FOR PERFORMANCE; DELIVERY OF DELD 7.4 Th August aontst 2! 616 at the office of the Sucli deed is to be delivered at (2:00 o'clock P.M. on the Hei ditper Buyer’s bank altorney, unless otherwise agreed w! pon in wai ing: It is agreed that time is of the * essence of (his agreement. % POSSESSION AND CONDITION OF PREMISES Full posse: ssion of said premises free of all fenants and occupants is to be delivered at the tine of the now are, reasonable delivery of thé deed, said premise: sto be then (a) in the same condition as they use and wear thereof excepted; an 4 (b) not: in-violation of said building and zoning laws, and (c) in be compliance with provisions of any instrument referred to in. clause 4 hereof. The BUYER shall entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause, ‘10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM the SELLER shall be unable to give tifle or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises. do not conform with the provisions hereof; then the SELLER shall use reasonable efforts to remove any” defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may' be, in which event (he SELLER shaft give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for # period of ihirly days. Nothing herein shall sequire the Seller to spend in excess of $1500 exclusive of voluntary liens or encumbrances but inclusive of reasonable attorney's fees. il, FAILURE TO PERTECT TITLE OR MAKE PREMISES CONFORM If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premisés contorn, as the case may be, all as herein agreed, or ifat any time dining thé pétidd of this agreement or any extension thereof, the holder of d nioitgageoii said premises shall refuse to permit the insurance proceeds, if any, to be nsed for such purposes, then any 08/03/2016 14:49 #368 P.004/012 From: + payments made under this agreement shall be forthwith refimded and all other obligations of the parties licreto shall cease and this agreement shall be void without recourse to the parties hereto, 12. BOVER’s ELECTION TO ACCEPT TITLE The BUYER shall have the election, at either the original or any extended time for performan ce, to accept such fille as the SELLER can deliver to the said premises in their then condition and to. pay therefore the purchase price without deduction, in which case the SELLER shall eouvey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured a; gainst, thien the SELLER shall, unless the SELLER has previously restored the premises to their former condition, cither 1) pay over or assign to the BUYER, on delivery of the deed, all auriounts recovere d or recoverable on account of such insurance, less any amouats reasonably expended by the SELLER for any partial restoration, or 2) ifa holder of a morigage ‘on said premises shall not permit the Insurance proceeds ora part {hereof to be used fo restore the saicl premises to their former conditio n or to be so paid over or assigned, give to the BUYER o credit against the ptirchase price, on.delivery of the deed, eqital to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SBLLER for any partial restoration. 13, ACCEPTANCE OF DEED The acceptance ofa deed by the BUY: ER or his nominee as the ease may be, shall be deemed to be a fall performance and discharge of evel ry agreement and obligation herei confained or expressed, except such as are, by the > terms hereof, t ‘o be performed after the delivers: of said deed. La. USE OF MONEY TO CLEAR TITLE To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thércof to clear the title of any or all cneum brances or interests, provided that all instruments $0 procured are recorded simultaneously with ihe delivery of said deed. 45, INSURANCE Until the defivery of the deed, the SELLER. shall maint ain insurance on said premises as foltows: Dype of lnsurance—, Eire and-Extended.Goverage— Ss presenthtinuned * 16, ADJUSTMENTS Water and sewer use charges, operatin ig expe nses (if any) accordin g to the schedule set forth betow, and taxes for the then eurte attached hereto or nt fiscal year, shall he apportioned and fitel adjusted, as of the d; lay of performance of this agreement and the n: el amount thereof value shall be or deducted from, as the case may be, ihe purc shall be aided to hase price payable. by the BUYER at delivery of the deed. the time of 17, ADJUSTMENTS OF UNASSE: ‘SSED AND ABATED TAXES Af the amount of said taxes is not known at ihe time of the delivery of the deed, apportioned on the basis of the taxe they shall be s ass ieSSt ed for the preceding fis« cal year, soow as the new tax rate and valuation with a reapportionment as can be ascertained; and,if the taxes: : Whic apportioned shall thereafter be redu h re to be ced by abatement, the amount of reasonable cost of obtaining the same such ab: atement, less the , shall If be apportioned between the part ies, provided that neither 3 08/03/2016 14:49 #368 P.005/012 Frog: : in otherwise to insti tute or pros ecut e proc eedi ngs fo (an abatement aniess here party shall be obligated agreed. 18 BROKER'S FEE eementNo. 71784491 is $8, 200.00 as per MLS Listing Agr A Broker's fee for professionit | services of when tifle passes the SEL LER to Ada ms Real ty, the Seller's Bro! ker(s) herein, if, as and due from lly with Delap Real Estate. hereunder, and not before. Broker's fee is to be sp! lit equa 19. BROKERS) WARRANTY that the Broker(s) is Broke r(s} name d hi erein Adam s Realt y and Delap Real Estate wwarrant(s) ‘The achusetts. nwealth of Mass fare) duly ficensed as such by the Comma DEPOSITS ct to the ow by Adams Really as esorow ageint subje 20, All deposits made hereun der shall be held in escr orma nce of this agre ement. nted for at the time for perf terms of this agreement and shall be daly accou s, the escrow agent shall retain all deposits made In the event of any disagreement between the partie ora court ally g ven by the SELLER and the BUYER under this agreement pending instructions mutu of competent jurisdiction. DUVER’S DEFAULT; DAM. AGES . al. greements herein, all deposits made here under by the Ifthe BUYER shail fail to fulfill the puyER ’s4 ER as liquidated damages, which shall be the. SELLER's sole BUYER shali be retained by the SELL ene ee andl exclusive remedy at faw andl in squily? RELEASE BY HUSBAND oR WIRE + deed and fo release and convey all statutory and’ / 22, ‘The SELLER's spouse hereby agrees lo J join in snid other rights and interests in said premises. 23, LIABILATY OF TRUSTEE, S HAREHOLDER, BENEFICIARY this agree m ient ina represontative or fiduciary capacity, only the {fthe SELLER or BUYER executes SELLER or BUYER so executing, principalor the estate represented shall be bount d, and neither the s shall be personally liable for any obligation, expres nor any shareholder or beneficiary ofany trust, or implied, hereunder, 24, WARRANTIES AND REE: RESENTATIONS influenced to enter into this tvansaction nor The BUYER acknowledges that the BU YER has not been has he relied wpon any warranties or represt entations not set forth or incorporated in this agreement ons, ifany, made by either the SELLER except for the following add itional warranties and vepresentali or the Broker(s): “None 25, BROKER AS PARTY s) a parly hereto, insofar as any ‘The Broker(s) named herein join(s) in this agreement and become( , and to any amendments or provisions of this agreement expressly apply to the Broker(s) modifications of such provisions to which the Broker(s) agree(s) in writing. 4 08/03/2016 14:49 #368 P.006/012 From: 26. MORTGAGE CONTINGENCY CLAUSE In order to hetp finance the acquisition of said premises, the BUYER shall apply for a conventional rates, terms and conditions. 1f bank or other institutional mortgage loan of $194,750.00 at prevailing despite the BUYER’s dilig ent efforts a commitment for such foan cannot be obtained on or before 046.the BUYER may terminate this agreement by written notice to the SELLER and/or the & vp £7 [yy toty25p2 on any payments é avait Broker(s), as agent(s) for the SELLER, pris to the expiration of such time, whereup refunded andall other obligations of the parties hereto made under this agreement shall be forlhwith shall cease and this agreement shall be void without recourse to the parties hereto, In no event will the BUYER be deemed to have used diligent efforts to oblain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions within tyo business days of a fully executed Purchase and Sale Agreement. 27. CONSTRUCTION O F AGREEMENT This Instrument, executed in multiple counterparts, is to be constmedt asa Massachusetts contract, is to lake effect ay 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 instrament executed by both the SELLER and the BUYER. {f (wo or more persons are named herein as BUYER their obligations hereunder shall be Joint and several. The captions and marginal notes are used only as.a matter of convenience and are not to be consid: leved apart of Ibis agreement ot fo bé used in determining the intent of the parties to it, 28. LEAD PAINT LAW The parlies acknowledge that, under Massachusetts law, wheiever a child or children under six yours of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster or other material so as to make it inaccessible to children under six years of age. : 29, SMOKE DECTECTORS AND CARBON MONOXIDE DETECTORS The SELLER shall, at the time of the delivery of the deed, deliver a certificate from the fire department of the-cily or town in which said premises are located stating that said premises have been equipped with approved smolce detectors and carbon monoxide detectors in conformity with applicable law. 30. ADDITIONAL PROVISIONS The initialed riders, if any, attached hereto, sre incorporated herein by reference. Buyer's Lender will be responsible for obtaining and paying for Title V Certificate, Sale subjectto Title V Certification. See Rider A attached hereto and incorporated herein NOTICE: This is a legal document that creates blading obligations. Tf not understood, consult an attorney, 08/03/2016 14:50 #368 P.007/012 From: SELLER - Jayson Fredette 7D SELLER - Susan E. Paulovich < - or ickay! . Shepard « , BUMAR= Mattar. Benvello Ss meee e e ne aes From: 06/03/2016 14:50 #368 P.008/012 ss RIDER A TO PURCHASE AND SALE AGREEMENT CONCERNING 967 HUNTINGTON RD. WORTHINGTO. IN, MA 01098 SELLERS: 32, BUYER represents and agrees that BUYER has been provided ample Opportunity fo conduct any and all itispections of the Premises desired by the BUYER, including, without Jimitation, mechanical, structural, utility systems, pest, termite, lead paint, asbestos; groundwater tables, radon, mold and any hazardous chemicats, materials or substances and any and all appliances and personal Property being conveyed with the, Premises as provided in this Agreement, and that BUYER is fully satisfied with the results of same, the condition of the Premises, and accepts the Premises “AS 1S" (as of the, time of BUYER's inspection), reasonable use and wear thereof. excepted, and is t relying upon any representations of the SELLER or SELLER's agents regarding the Preinises (stractural or otherwise), including, without limitation, as to the characte r, quality, use, value, quantily or condition of ike Premises, except as expressly set forth herein. Any statements which may haye previously been made by the SELLER, including without limitation in any_realtor’s/broker’s questionnaire or so-calle d “Seller's Disclosure Statement” or property listing information, if any, are specifically hereby voided and are su perseded by this Agecement:~ BUYER further acknowledges and agtces th at this provision has been specifically hegotiated between SELLER, and BU’ 'YER, that BUYER has been represented by counsel in said negotiation, and that SELLER would not enter into this Agreement but for the inclusion of this ackno wiedgement and disclaimer herein. The provisions of this Paragraph shall survive the Closing and delivery of the Deed hereunder. . 3.+ Paragsaph 14 of the Purchase and Sale A, greement is amended by adding the following language: However, in the event there is a morigage or moitg ages held by an institutional lender, th © instruments to discharge same m ay be recor ded after the delivery of the deed, so long as arrangements have been m1. ade for obtaining same in accordance with usual conveyancing practices. 34. The Seller hereby agrees to sign and deliver ', at the time of performance, such affidavits, documents and certificates as m ay be reasonably required by the lending institution which is providing the pur hase money mortgage funds to the Buyer for this transaction provided th at the same are reasonably requested by such lending institution, 4 The ability to secure finanein ig, 45 a condition of this contingent upon the sale or clos’ ing of contract, shall not be other real estate. 08/03/2016 14:50 #368 P.009/012 Frow? to permit date o| f this Agr eem ent, SELLER agree: 5 ‘Access: From and after the to the said son abl e acc ess , at reasonable tines, BUYER and its designees , rea ce of sha ll be exe rc! ised only in the presen Premises. Said righ at of acc ess after reasonable prior named herein, and only SELLER, or the SE LL ER 's Bro ker Under no stich and wit h SE LLER’s prior consent. notice to the SEI LL ER e allowed to make BU YE R or any agen t of the B' UYER bi shal l the the prior written circumstance to the Pre mis es dur ing their access, without any sort of alte rati on YER agrees fo con sid era tio n of the for