35-001 (12) E . SELLER shall provide BUYER with an agreement signed by
the owners of Lots 1 , 2 , and 3 to share maintenance and
upkeep of the common driveway . The Agreement is subject to
the approval of the Northampton Planning Board.
F . SELLER to assign to BUYER Warner Brothers ' one ( 1 ) year
warranty on the common drive .
G . All fill will be removed and hauled away from Lot 2 ,
and the area where said fill is removed shall be reseeded
(and the seeds shall be mulched) which seeding and mulching
shall be completed no later than June 15 , 1989 .
H. SELLER will clearly mar:: by stake the corners of Lot 1
and 2 and also that portion of Lot 3 to which BUYERS shall
have a use easement as shown on said sketch plan .
( 15 ) The SELLERS represent that Milton B. Howard is a real
estate broker licensed in the State of Massachusetts .
( 16) The SELLERS federal i . d . .c is 04-2844111 .
( 17) SELLER shall reseed (the seeds shall be mulched) , the
whole lower fields (as shown on the attached sketch map) and
SELLER shall reseed and mulch both sides of the common drive _:
said reseeding and mulching shall be completed no later than
June 15 , 1989 ,
( 18) SELLER will provide a restrictive covenant in favor of
the owners of Lots 1 and 2 which shall provided that Lot 3 as
it exists may be divided by the Owner of Lot 3 or their
successors or assigns to make Lot 3 a smaller lot provided that
the new , smaller Lot 3 shall not be less than twenty (20) acres
in area , and that the new smaller Lot 3 shall have only one
house and outbuildings constructed upon it .
IN WITNESS WHEREOF, the parties hereto have caused their
hands an<l seals to be affixed hereto .
_U � QLN 4 1--l-T-�5
SE L (Date) BUYER (Date)
SELLER (Date) BUYER (Date)
WILHELM,HAMILTON
&KING
ATTORNEYS AT LAW
74 KING STREET
NORTHAMPTON,MA 01060
TELEPHONE(413)586-3480
(11 ) REPRESENTATIONS :
This property is sold "AS IS" and as shown, and no
representations have been made by the SELLER, or the broker ,
with regard to its condition except those contained in this
document .
( 12) DEPOSIT MONIES :
This is a contract for a non-consumer/investment purchase .
The deposit will be released to SELLER upon execution of this
agreement , and is refundable only in the event closing fails to
occur due to the fault of the SELLER, which shall include the
inability of the SELLER to comply with all the conditions and
contingencies herein. Further the deposit shall returned in
the event that the BUYER does not receive financing as provided
herein. At the time of closing the BUYER shall be credited
with interest on the deposit at the rate of five (5 . 00%)
percent from the date of the execution of this Agreement .
(13) PERC TEST:
SELLERS will perform a new perc test near the BUYER ' S
proposed building site . The perc test to be performed at
SELLER' S expense . The BUYER and SELLER have attached hereto a
sketch plan of the property that shows the approximate proposed
building site and the approximate area where the new perc test
will be performed . If the new perc test is not satisfactory to
BUYER and if BUYER uses perc #901 on Lot 2 , SELLER will
reimburse BUYER for the cost in excess of $200 . 00 of purchasing
plastic grey water pipe .
(14) CONTINGENCIES :
This Agreement is contingent upon the following :
A . A new well being dug and capped, which well shall
provide a potable water supply and water quantity of no
less than five (5) gallons per minute , for four (4) hours .
The well shall be installed at SELLER' S expense .
B . SELLER is to provide completion of common drive ; this
is to include completion of the swales and outfalls on the
southern length of common drive ( the location of same is
shown on the attached sketch plan) . This work to be
completed no later than June 15 , 1989 at the expense of the
SELLER.
C . Seller shall provide an easement , if necessary , over
Lot 3 owned by Joseph and Phyllis Wilhelm, to the SELLER of
WILHELM,HAMILTON Lot 2 , which said easement shall allow the BUYER to cross
&KING the land with a driveway leading from the common drive to
ATTORNEYS AT LAW Lot 2 . The location of the easement is shown on the
74 KING STREET attached sketch plan .
NORTHAMPTON.MA 01060
D . SELLER shall warrant that the common drive complies
TELEPHONE(413)586-3480
with any and all municipal requirements , as per the plans
accepted by the City of Northampton and the relevant
decision of the Planning Board .
of the parties hereto shall cease . The BUYER shall be deemed to
have waived their rights under this paragraph if the SELLER has
not been notified in writing by June 9 , 1989 of said failure .
(5) PERFORMANCE :
The deed is to be delivered and the consideration paid , at
the Registry of Deeds in which the deed should by law be
recorded on June 27 , 1989 at 2 : 00 P . M . unless some other place
and time should be mutually agreed upon.
To enable the SELLER to make conveyance as herein provided ,
the SELLER Inav , if the SELLER so desires , at the time of the
delivery of the deed , use the purchase money or portion thereof
to clear the title of anv or all encumbrances or interests ; all
instruments so procured to be recorded simultaneously with the
delivery of said deed .
(6) FAILURE TO GIVE TITLE :
If SELLER shall be unable to give title or to make
conveyance as above stipulated, any payments made under this
agreement shall be refunded, and all other obligations of
either party hereunto shall cease , but the acceptance of a deed
and possession by BUYER shall be deemed to be a full
performance and discharge hereof .
(7) STANDARDS :
Any title matter which is the subject of a title standard
of the Massachusetts Conveyancers Association at the time for
delivery of the deed shall be covered by said title standard to
the extent applicable .
(8) POSSESSION :
Full possession of the premises , free of all tenants is to
be delivered to the BUYER at the time of the delivery of the
deed , the said premises to be then, in the same condition in
which they are now, reasonable use and wear and damage by fire
and other unavoidable casualty excepted .
(9) ADJUSTMENTS :
Taxes shall be apportioned as of the day of delivery of the
deed , and if the taxes are not known at the time of delivery of
the deed , they shall be apportioned on the basis of the taxes
assessed for the preceeding year with a reapportionment as soon
as the new tax rate and valuation can be ascertained , which
latter provision shall survive the delivery of the deed .
WILHELM,HAMILTON
&KING ( 10) BROKER' S COMMISSION :
ATTORNEYS AT LAW
74 KING STREET It is understood that a broker ' s commission of four (4110)
NORTHAMPTON,MA 01060 per cent on the said sale is to be paid to Goggins & Whalen by
the SELLER out of the proceeds of the sale .
TELEPHONE(413)586-3480
PURCHASE AND SALE AGREEMENT
AGREEMENT made this 2nd day of May , 1989 between Milton B.
Howard and William James Christensen , whose address is 76 King
Street , Northampton, Massachusetts , hereinafter referred to as
the SELLER, and David J . Noonan and Susan C . Anderson , whose
address is :527 Converse Street , Longmeadow, Massachusetts ,
hereinafter referred to as the BUYER .
( 1) DESCRIPTION :
The SELLER hereby agrees to sell and the BUYER to purchase
certain property located at Lot 2 , Sylvester Road , Northampton ,
Massachusetts , consisting of 20 . 98 acres , more or less , more
particularly bounded and described in a deed to the SELLER
recorded in the Hampshire County Registry of Deeds . See
proposed deed attached hereto as Exhibit A .
(2) TITLE :
Said premises are to be conveyed to BUYER or their nominee
on or before June 27 , 1989 by a good and sufficient Quitclaim
deed of the SELLER, conveying a good , record, and marketable
title to the same free from all encumbrances except :
(a) Provisions of existing building and local zoning laws ,
if any;
(b) Such taxes for the current year as are not due and
payable on the date of the delivery of such deed, any liens
for municipal betterments assessed after the date of this
agreement .
(3) CONSIDERATION :
For such deed and conveyance the BUYER is to pay the sum of
(U . S . ) One Hundred Twenty Thousand-- ( $120 , 000 . 00) --DOLLARS of
which Twelve Thousand--( $12 , 000 . 00 )--DOLLARS have been paid
this day as a deposit and One Hundred Eight Thousand-----------
-( $ 108 , 000 . 00) --DOLLARS are to be paid in cash or certified
bank check upon delivery of said deed .
(4) MORTGAGE CONTINGENCY:
WILHELM,HAMILTON This agreement is contingent on the BUYER' S ability to
&KING obtain a Aland purchase mortgage loan commitment In the amount
ATTORNEYS AT LAW of $80 , 000 , 00 from an institutional lender at current interest
74 KING STREET rates and terms . If the BUYER fails to obtain a firm commitment
NORTHAMPTON,MA 01060 for such loans by June 9 , 1989 all payments made hereunder by
the BUYER shall be forthwith refunded and all other obligations
TELEPHONE(413)586-3480
E . SELLER shall provide BUYER with an agreement signed by
the owners of Lots 1 , 2 , and 3 to share maintenance and
upkeep of the common driveway . The Agreement is subject to
the approval of the Northampton Planning Board.
F . SELLER to assign to BUYER Warner Brothers ' one ( 1 ) year
warranty on the common drive .
G . All fill will be removed and hauled away from Lot 2 ,
and the area where said fill_ is removed shall be reseeded
(and the seeds shall be mulched) which seeding and mulching
shall be completed no later than June 15 , 1989 .
H. SELLER will clearly mark by stake the corners of Lot 1
and 2 and also that portion of Lot. 3 to which BUYERS shall
have a use easement as shown on said sketch plan .
( 15) The SELLERS represent that Milton B. Howard is a real
estate broker licensed in the State of Massachusetts .
( 16) The SELLERS federal i . d . # is 04-2844111 .
( 17) SELLER shall reseed (the seeds shall be mulched) , the
whole lower fields (as shown on the attached sketch map) and
SELLER shall reseed and mulch both sides of the common drive ;
said reseeding and mulching shall be completed no latter than
June 15 , 1989 .
( 18) SELLER will provide a restrictive covenant in favor of
the owners of Lots 1 and 2 which shall provided that Lot 3 as
it exists may be divided by the Owner of Lot. 3 or their
successors or assigns to make Lot 3 a smaller lot provided that
the new , smaller Lot 3 shall not be less than twenty ( 20) acres
in area , and that the new smaller Lot 3 shall have only one
house and outbuildings constructed upon it .
IN WITNESS WHEREOF, the parties hereto have caused their
hands ane seals to be affixed hereto .
A Q
SE L (Date ) BUYER (Date)
SELLER - -__ ` (Date ) BUYER (Date)
WILHELM,HAMILTON
&KING
ATTORNEYS AT LAW
74 KING STREET
NORTHAMPTON,MA 01060
TELEPHONE(413)586-3480
(11 ) REPRESENTATIONS :
This property is sold "AS IS" and as shown , and no
representations have been made by the SELLER , or the broker ,
with regard to its condition except those contained in this
document .
(12) DEPOSIT MONIES :
This is a contract for a non-consumer/investment purchase .
The deposit will be released to SELLER upon execution of this
agreement , and is refundable only in the event closing fails to
occur due to the fault of the SELLER, which shall include the
inability of the SELLER to comply with all the conditions and
contingencies herein. Further the deposit shall returned in
the event that the BUYER does not receive financing as provided
herein . At the time of closing the BUYER shall be credited
with interest on the deposit at the rate of five (5 . 001)
percent from the date of the execution of this Agreement .
( 13) PERC TEST:
SELLERS will perform a new pert test near the BUYER ' S
proposed building site . The pert test to be performed at
SELLER' S expense . The BUYER and SELLER have attached hereto a
sketch plan of the property that shows the approximate proposed
building site and the approximate area where the new perc test
will be performed . If the new perc test is not satisfactory to
BUYER and if BUYER. uses perc #901 on Lot 2 , SELLER will
reimburse BUYER for the cost in excess of $200 . 00 of purchasing
plastic grey water pipe .
( 14) CONTINGENCIES :
This Agreement is contingent upon the following :
A. A new well. being dug and capped , which well shall
provide a potable water supply and water quantity of no
less than five (5) gallons per minute , for four (4) hours .
The well shall be installed at SELLER ' S expense .
B. SELLER is to provide completion of common drive ; this
is to include completion of the swales and outfalls on the
southern length of common drive (the location of same is
shown on the attached sketch plan) . This work to be
completed no later than June 1.5 , 1989 at the expense of the
SELLER.
C . Seller shall provide an easement , if necessary , over
Lot 3 owned by Joseph and Phyllis Wilhelm, to the SELLER of
WILHELM,HAMILTON Lot 2 , which said easement shall allow the BUYER to cross
&KING the land with a driveway leading from the common drive to
ATTORNEYS AT LAW Lot 2 . The location of the easement is shown on the
74 KING STREET attached s k e t c h, plan .
NORTHAMPTON.MA 01060
D. SELLER shall warrant, that the common drive complies
TELEPHONE(413)586-3480
with any and all municipal requirements , as per the plans
accepted by the City of Northampton and the relevant
decision of the Planning Board .
of the parties hereto shall cease . The BUYER shall be deemed to
have waived their rights under this paragraph if the SELLER has
not been notified in writing by ..June 9 , 1989 of said. failure .
(5) PERFORMANCE :
The deed is to be delivered and the consideration paid, at
the Registry of Deeds in which the deed should by law be
recorded on :Tune 27 , 1989 at 2 : 00 P . M . unless some other place
and time should be ircutually agreed. upon .
To enable the SELLER to make conveyance as herein provided ,
the SELLER may , if the SELLER so desires , at the time of the
delivery of the deed , use the purchase money or portion thereof
to clear the title of any or all encn.mbrances or interests ; all
instruments so procured to be recorded simultaneously with the
delivery of said deed .
(6) FAILURE TO GIVE TITLE :
If SELLER shall be unable to give title; or to make
conveyance as above stipulated , any payments made under this
agreement shall be refunded , and all other obligations of
either party hereunto shall cease , but the acceptance of a deed
and possession by BUYER shall be deemed to be a full
performance and discharge hereof .
(7) STANDARDS :
Any title matter which is the subject of a title standard
of the Massachusetts Conveyancers Association at the time for
delivery of the deed shall be covered by said title standard to
the extent applicable .
(8) POSSESSION :
Full possession of the premises , free of all tenants is to
be delivered to the BUYER at the time of the delivery of thcr
deed , the said premises to be then , in the same condition in
which they are now , reasonable use and wear and damage by fire
and other unavoidable casualty excepted .
(9) ADJUSTMENTS :
Taxes shall be apportioned as of the clay of delivery of the
deed , and if the taxes are not known at the time of delivery of
the deed , they shall be apportioned on the basis of the taxes
assessed for the preceeding year with a reapportionment as soon
as the new tax rate and valuation can be ascertained , which
latter prevision shall survive the delivery of the deed .
WILHELM,HAMILTON
&KING (10) BROKER' S COMMISSION :
ATTORNEYS AT LAW /�Cy
74 KING STREET It is understood that a broker ' s commission of four (4%)
NORTHAMPTON.MA 01060 per cent on the said dale i_5 to be paid to Goggins &. Whalen by
In
the SELLER out of the proceeds of the sale .
TELEPHONE(413)586-3480
PURCHASE AND SALE AGREEMENT
AGREEMENT made this 2nd clay of May , 1989 between Milton B.
Howard and WiIIiam .James Christensen , whose address is 76 King
Street. , Northampton, Massachusetts , hereinafter referred to as
the SELLER, and David J . Noonan and Susan C . Anderson , whose
address is 527 Converse Street , Longmeadow , Massachusetts ,
hereinafter, referred to as the BAYER .
( 1) DESCRIPTION :
The SELLER hereby agrees to sell and the BUYER to purchase
certain property located at Lot. 2 , Sylvester Road , Northampton ,
Massachusetts , consisting of 20 . 98 arses , more or less , more
particularly bounded and described in a deed to the SELLER.
recorded in the Hampshire County Registry of Deeds . See
proposed deed attached hereto as Exhibit. A .
(2) TITLE :
Said premises are to be conveyed to BUYER or their norninee
on or before June 27 , 1989 by a good and sufficient Quitclaim
deed of the SELLER, conveying a good, record , and marketable
title to the same free from all encumbrances except :
(a) Provisions of existing building and local zoning laws ,
if any ;
(b) Such taxes for the current year as are not due and
payable on the date of the delivery of such deed , arty liens
for municipal betterments assessed after the date of this
agreement= .
(3) CONSIDERATION :
For such deed and conveyance the BUYER is to pay the surd of
(U . S . ) One Hundred Twenty Thousand--($120 , 000 , 00)--DOLLARS of
which Twelve Thousand--( $12 , 000 . 00) --DOLLARS have been paid
this clay- as a deposit: and One Hundred Eight Thousand------------
-($108 , 000 . 00) --DOLLARS are to be paid in cash or certifier)
bank check upon delivery of said deed .
(4) MORTGAGE CONTINGENCY :
WILHELM,HAMILTON This agreement, is contingent on the BUYERS ability to
&KING obtain a land purchase mortgage loan commitment in the amount:
ATTORNEYS AT LAW of $80 , 000 . 00 from an. institutional lender at current. interest
74 KING STREET rates and terms . If the.' BUYER fall. s to obtain a firm commitment.
NORTHAMPTON.MA 01060 for such loans by i June 9 , 1989 all payments made hereunder by
the Bt;YER shall be forthwith refunded grid all other obligations
TELEPHONE(413)566-3480