EWLLC97-98 - Emerson Way's Affordable Deed Rider - Amendment 030221Affected Premises:
131 & 133 Emerson Way
Northampton, MA
Lots 4, 6, & 8
Burts Pit Road
Nortthampton, MA
AMENDMENT TO
AFFORDABLE HOUSING DEED RIDER
For Projects in Which
Affordability Restrictions Survive Foreclosure
The undersigned, Emerson Way, LLC, of P.O. Box 686, Northampton, MA 01061,
recorded an Affordable Deed Rider, dated September 23, 2020, with the Hampshire County
Registry of Deeds at Book 13802, Page 99, encumbering two sets of lots:
(a) Lots 4, 6, and 8, shown on a plan of land entitled “Plan of Land Located in
Northampton, Massachusetts (Hampshire County) Prepared for the City of Northampton”,
dated July 28, 2020, recorded with the Hampshire County Registry of Deeds at Plan Book
247, Page 75 ; and
(b) 127 Emerson Way and 131 Emerson Way, being “Zero Lot Line” lots located on
Lot 15,16, on a plan of land entitled "A Definitive Plan for the Oaks Subdivision, Burts Pit
Road, Northampton, Massachusetts", revised finally on September 29, 2005, recorded with the
Hampshire County Registry of Deeds at Plan Book 209, Pages 91-109.
The two lots located on Emerson Way described in “(b)” above have been formally
separated from each other on a new plan and renumbered. Accordingly the “(b)” paragraph of
the original Affordable Deed Rider is hereby amended to read as follows:
“(b) 131 and 133 Emerson Way, being “Zero Lot Line” lots shown as Lots 15 and 16
on a plan of land entitled "Plan of Land in Northampton, Massachusetts Surveyed for Emerson
Way, LLC", dated July 28, 2020, recorded with the Hampshire County Registry of Deeds at
Plan Book 247, Page 124.”
Paragraph 17 of the said Affordable Deed Rider provides that it “may not be rescinded,
modified or amended, in whole or in part, without the written consent of the Monitoring
Agent, the Municipality and the holder of any mortgage or other security instrument
encumbering all or any portion of the Property, which written consent shall be recorded with
the Registry.” The Monitoring Agent and the Municipality are the City of Northampton,
Massachusetts. Greenfield Savings Bank holds a mortgage encumbering all of the said Lots.
Executed as a sealed instrument this __________ day of __________, 2021.
Grantor: Emerson Way, LLC, by.
___________________________
Richard M. Madowitz, Manager
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
On this _____ day of __________, 2021, before me, the undersigned notary public, personally
appeared Richard M. Madowitz (acting in his capacity as the Manager of Emerson Way,
LLC), proved to me through satisfactory evidence of identification, which my personal
knowledge, to be the person whose name is signed on the proceeding document, and
acknowledged to me that he signed it voluntarily for its stated purpose as his free act and deed
and the free act and deed of Emerson Way, LLC.
_______________________________________
Lisa Nawrocki, Notary Public
My commission expires October 16, 2026
The CITY OF NORTHAMPTON, in its capacity as the Monitoring Agent and Municipality
under the said Affordable Deed Rider, hereby consents to the Amendment to the Affordable
Deed Rider set forth in the attached instrument.
____________________________
David J. Narkewicz, Mayor
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE COUNTY, SS.
ACKNOWLEDGMENT
On this day, March 2, 2021, before me, the undersigned notary public, personally appeared
DAVID J. NARKEWICZ, proved to me through satisfactory evidence of identification (which
was personal knowledge of the signatory’s identity) to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that he signed it voluntarily for
its stated purpose as the Mayor of the City of Northampton, Massachusetts.
_____________________________
Notary Public,Wayne M. Feiden
My commission expires: October 26, 2023
Greenfield Savings Bank, holder of a mortgage from Emerson Way, LLC to Greenfield
Savings Bank, dated October 9, 2015, and recorded with the Hampshire County Registry of
Deeds at Book 12095, Page 159, hereby consents to the Amendment to the Affordable Deed
Rider set forth in the attached instrument.
IN WITNESS WHEREOF the Greenfield Savings Bank has caused these presents to be
executed under seal by _________________________, its __________________________ on
this _____ day of __________, 2021.
_________________________________________________
Witness its ______________________
COMMONWEALTH OF MASSACHUSETTS
FRANKLIN COUNTY, SS.
ACKNOWLEDGMENT
On this day, ___________________, 2021, before me, the undersigned notary public,
personally appeared ___________________________________, who was acting on behalf of
Greenfield Savings Bank) proved to me through satisfactory evidence of identification (which
was my personal knowledge of his/her identity) to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he/she signed it voluntarily for
its stated purpose as his/her free act and deed and the free act and deed of Greenfield Savings
Bank.
_____________________________
Notary Public
My commission expires: