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Special Town Meeting (Art.8,cont'd) February 9, 1977 3 7 5 SECTION 3. The Department of Public Welfare shall require such initial and periodic information from persons and Lending Institutions seeking the benefit of this act as the Commissioner thereof may deem necessary or convenient and such Department shall make the payments required under this ac t with respect to persons and Lending Institutions who provide satisfactory evidence of eligibility therefor. SBCTION 4. In the event that, upon a final termination of the Mashpee Litigation, aboriginal title has not been confirmed to any property in the town of Mashpee subject to a mortgage securing an Eligible Loan as to which any payment has been made hereunder, the Affected Resident who owned such property at the time any such payment was made shall repay such payment to the Commonwealth, without interest, witlin two years after the final termination of the Mashpee Litigation. SECTION 5. The Commonwealth shall be entitled to obtain a lien securing repayment of any payment made by the Commonwealth under this act upon all real property located in the town of Mashpee and subject to a mortgage securing the Eligible Loan with respect to which such payment has been made. Such lien shall attch upon the recordation or registration, in the location required for a deed of such real property, of a certificate signed by the commissioner of public welfare of his authorized agent stating the date and amount of such payment, the name and address of the Eligible Resident who owns, disregarding any abori®nal title, such real property, the name and address of the Lending Institution to which such payment was made, and identification of the place of recording or registration of such mortgage. With respect to such real property, such lien shall take priority over all instruments recorded or regis- tered subsequent to the recording or registration of such certificate and shall be subject to all instruments recorded or registered prior to the recording or registration of such certificate. Such lien may be discharged of record by recordation or registration, in the location required for a deed of such real property, of a certificate signed by the commissioner of public welfare or his authorized agent identi- fying the place of recording or registration of the certificate creating such lien and reciting that such lien is thereby discharged. SECTION 6. The amount expended to make payments to Lending Institutions under this Act shall not exceed ;500,000 in any fiscal year. SECTION 7. This Act shall take effect upon its passage. ACTION: Motion made and seconded to accept Artrle 8 as amended. Amendment carried. It is a vote. ARTICLE 9. To see if the Town will vote to authorize the Board of Selectmen to instruct our Federal Legislators to fill the following legislation: "AN ACT TO INDEMNIFY AGAINST LOSSES RESULTING FROM LITIGATION SUSTAINING ABORIGINAL TITLE IN THE TOWNS OF MASHPEE AND SANDWIOH,MASSACHUSETTS "BE IT ENflCTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERTA IN CONGRESS ASSEMBLED, THAT: SECTION 1. The Congress makes the following findings and delcaratio)ns: h to suvstaniis. y1 � 10r tie read proper ydin �i t �na$gr�9.1R51e,'A&ssa- chusetts, and to a portion of the real property in the Town of Sandwich, Massachusetts. '(b) The cloud on title created vy this litigation has brought construction on and improvement of affected property to a virtual stand- still, has prevented owners from selling or mortgaging affected property and has seriously disrupted economic activity in the affected towns. (c) Unless prompt action is taken, severe and unjustified ecomomic hardship will be imposed upon the citizens of the Towns of Mashpee and Sandwich even if aboriginal title is ultimately not sustained. Section 2. In the event that aboriginal title to any interest in real property in the Town of Mashpee, Massachusetts, or in the Town of Sandwich, Massachusetts, is sustained in Mashpee Trive v. Town of Mashpee. Et Al. Civil Action No. 76-3190-s in the United States