03/26/1997 ZONING BOARD OF APPEALS Decisions

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FEB-19 97 09:53 FR011:4 000000 T0:1 508 540 3699 FAi;E:03 J. ADJUSTMENTS Q611961111d FORIle, MOFtfiagill illieFACA, (Bst operating taxes for the then current fiscal year, shall be expenses, if any, or apportioned as of the day of performance of this agreement and the net affach schedule) amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. 17. ADJUSTMENT OF If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned UNASSESSEO AND on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the ABATED TAXES new tax rate and valuation can be ascertained: and, if the taxes which are to be apportioned shall there- after be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shell be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. _BROKER's FEE A Brokers fee for professional services of Eight percent($5,800.00) is due from the SELLER to Saaview (fit in fee with doflar Real Estate only when and If the deed Is recorded and the purchase price is paid, and not amount or otherwise. percentage;also name of Brokerage rirm(s)) the 8refrer(s) rt deposits Made 111811810FIC18F by lhO SW1146R, &aid I;Fekeqo)shall be antlit-1 the SELLER ap amount equal AF MR MA 06 fee fQF PPOSOGGienal 19. BROKER($) - The Broker named herein, Seaview Real Estate, warrants that the Broker is duty licensed as such by the WARRANTY Commonwealth of Massachusetts. (win name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by Seaview Real Estate as escrow agent subject to (win name) the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties, the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER. All deposits to be placed in an interest-bearing account with interest going to the ultimate recipient of the deposit, provided that upon closing the deposit and Interest shall be paid to the Beford Section 1031 Trust 11 to be held and disbursed pursuant to the terms thereof. 21. BUYER'S DEFAULT: If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the DAMAGES BUYER shall be retained by the SELLER as liquidated damages -We'-s-ee.-I IN- --18A hosed,the SELLER 01haFvAgO AGNA65 writing. and this shall be SELLER's exclusive remedy at low or In equity. j22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and Il HUSBAND OR WIFE other rights and Interests in said premises, 23. BROKER AS PARTY The Broker(s)named herein join(s) in this agreement and'become(s)a party hereto, insofar as any pro- Visions Of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s)agree(s)in writing. LlAblll i r VF IT tine :i1% 6uYER executed this agreement In a representadvei or educiary capacity, only the TRUSTEE. principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or BENEFICIARY, etc. implied, hereunder. 5. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor REPRESENTATIONS has he relied upon any warranties or representations not set forth or Incorporated in this agreement or (fgki);If none, state previously made in writing, except for the following additional warranties and representations, if any, 'none`if any listed, made by,either the SELLER or the Broker(s): None. indicate by whom each warranty or representation was made I