Foreclosure Auction of Property off Berlin Road in Clinton, Massachusetts THE WOODLANDS conducted by JEROME J. MANNING & CO. INC. d/b/a JJMANNING AUCTIONEERS on Wednesday, July 29, 2009 11:00 a.m. Counsel to Foreclosing Mortgagee: George W. Tetler III, Esq. Bowditch & Dewey, LLP 311 Main Street P.O. Box 15156 Worcester, MA 01615-0156 Telephone: (508) 791-3511 {Client Files\BAN\032868\0114\FORECLOSURE\01437902.DOC;1}
TABLE OF CONTENTS 1. MORTGAGEE S NOTICE OF SALE OF REAL ESTATE 2. ADDITIONAL TERMS AND CONDITIONS OF MORTGAGEE S SALE 3. ENTIRETY: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 4. THE OAKS CONDOMINIUM: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 5. THE MAPLES CONDOMINIUM: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 6. THE ASPENS CONDOMINIUM: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 7. THE BIRCHES CONDOMINIUM: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 8. 207 CHERRYWOOD LANE, THE MAPLES a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 9. REMAINING PROPERTY: a. MEMORANDUM OF SALE b. SECONDARY MEMORANDUM OF SALE 10. CERTIFICATES OF MUNICIPAL LIENS ISSUED BY THE TOWN OF CLINTON, MASSACHUSETTS 11. TITLE REPORT DATED JULY 15, 2009 ISSUED BY NELSON & O CONNELL TITLE COMPANY, INC. {Client Files\BAN\032868\0114\FORECLOSURE\01437902.DOC;1}
12. COMMERCIAL ADVERTISEMENT NOTE: MASTER DEED FOR EACH CONDOMINIUM, PLANS, PERMITS AND ORDERS OF CONDITION OF RECORD WITH THE WORCESTER DISTRICT REGISTRY OF DEEDS SEE APPENDIX A. NO REPRESENTATION OR WARRANTY OF ANY KIND IS INTENDED BY THE PROVISION OF INFORMATION IN THIS PACKAGE. THIS PACKAGE CONTAINS INFORMATION AVAILABLE TO THE FORECLOSING MORTGAGEE AND IT IS BELIEVED TO BE TRUE. THE FORECLOSING MORTGAGEE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE INFORMATION SET FORTH HEREIN. {Client Files\BAN\032868\0114\FORECLOSURE\01437902.DOC;1}
MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the power of sale contained in a certain Mortgage and Security Agreement (Including Collateral Assignment of Rents and Leases) given by TALL PINES REALTY CORP. to CLINTON SAVINGS BANK, which Mortgage is dated as of November 4, 2002 and recorded with the Worcester District Registry of Deeds (the Registry ) in Book 28021, Page 89, as amended by First Amendment to Mortgage and Security Agreement dated December 20, 2005 and recorded with the Registry in Book 38068, Page 207 and by Second Amendment to Mortgage and Security Agreement dated January 11, 2006 and recorded with the Registry in Book 38193, Page 356 (collectively the Mortgage ), and of which Mortgage the undersigned is the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, will be sold at Public Auction at 11:00 A.M., on Wednesday, the 29th day of July, 2009, at the premises hereinafter described, all and singular the premises described in the Mortgage, together with all buildings thereon, all rights of way or uses, servitudes, licenses, tenements, rents, leases, hereditaments, appurtenances, easements and other rights now or hereafter existing, belonging or pertaining thereto, all fixtures and other articles of every kind and nature whatsoever now or hereafter owned or leased by Tall Pines Realty Corp. and used or procured for use in connection with the operation, maintenance, construction, improvement and rehabilitation of the Premises, insofar as the same are, or can by agreement of the parties be made, a part of the real estate, including, without limiting the generality of the foregoing, any and all boilers, pumps, tanks, electric panel switchboards, lighting equipment and wiring, heating, plumbing and ventilating apparatus, sprinklers, if any, elevators, escalators, refrigerating, air conditioning and air-cooling equipment and other building service equipment (said real estate, improvements, rights, fixtures and other articles being collectively called the Premises ), to wit: The parcels of land located partly in Clinton and partly in Berlin, Worcester County, Massachusetts, described as follows: PARCEL I containing 109.6 acres; PARCEL II containing 38.17 acres; PARCEL III containing 15.09 acres; PARCEL IV containing 48.09 acres. All of the above parcels being shown on a Plan of Land in Clinton & Berlin, Mass., prepared for Tall Pines Realty Corp., Scale 1 = 175, dated May 2002, by David E. Ross Associates, Inc., recorded in the Worcester District Registry of Deeds in Plan Book 781, Plan 21. Subject to the terms and conditions of a special permit issued by the Zoning Board of Appeals for the Town of Clinton recorded in said Registry at Book 26732, Page 166. For Title Reference, see deeds recorded in said Registry at Book 26553, Page 277, Book 26553, Page 284, Book 26553, Page 260, and Book 26732, Page 161., excepting (a) the land in Berlin, Massachusetts shown as Parcels III and IV on the abovereferenced plan recorded with the Registry in Plan Book 781, Plan 21, (b) Unit 616 of The Oaks {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 1
(hereinafter defined) known as 616 Devenwood Way, (c) Unit 206 of The Maples (hereinafter defined) known as 206 Cherrywood Lane, (d) the land off Woodland Circle shown as Parcels A900, A1100, A1300, A1500, A1700, A200, A2000, A2100, and C2300 on plan recorded with the Registry in Plan Book 797, Plan 105, released pursuant to a Partial Release dated February 8, 2005 and recorded with the Registry in Book 35748, Page 196, and (e) certain condominium units released pursuant to partial releases given by Clinton Savings Bank with respect to the Mortgage, including without limitation with respect to the following units in certain of the condominiums as defined and set forth below, which partial releases are dated and recorded with the Registry as follows: Unit No., Condominium 201, 203, 205 Cherrywood Lane, The Maples Date; Book-Page 12/16/03; 32498-370 408 Fernwood Lane, The Oaks 1/29/04; 33202-348 208, 210 and 212 Cherrywood Lane, The Maples 4/8/04; 33265-328 406 Fernwood Lane, The Oaks 3/3/04; 33307-305 404 Fernwood Lane, The Oaks 4/12/04; 33310-201 412 Fernwood Lane, The Oaks 4/13/04; 33327-301 607 Devenwood Way, The Birches 4/21/04; 33427-141 416 Fernwood Lane, The Oaks 4/21/04; 33429-266 410 Fernwood Lane, The Oaks 5/3/04; 33532-265 424 Fernwood Lane, The Oaks 5/3/04; 33541-117 603 Devenwood Way, The Birches 5/6/04; 33585-49 422 Fernwood Lane, The Oaks 5/3/04; 33640-293 414 Fernwood Lane, The Oaks 5/21/04; 33696-53 606 Devenwood Way, The Oaks 5/21/04; 33698-264 608 Devenwood Way, The Oaks 6/8/04; 33828-298 615 Devenwood Way, The Birches 6/11/04; 33894-234 605 Devenwood Way, The Birches 6/11/04; 33931-250 601 Devenwood Way, The Birches 6/11/04; 33974-104 609 Devenwood Way, The Birches 6/11/04; 34015-45 617 Devenwood Way, The Birches 7/14/04; 34123-378 611 Devenwood Way, The Birches 7/6/04; 34169-103 619 Devenwood Way, The Birches 7/20/04; 34192-133 614 Devenwood Way, The Oaks 7/26/04; 34241-160 {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 2
Unit No., Condominium Date; Book-Page 602 Devenwood Way, The Oaks 7/26/04; 34251-84 621 Devenwood Way, The Birches 7/26/04; 34290-92 625 Devenwood Way, The Birches 8/6/04; 34374-90 604 Devenwood Way, The Oaks 8/6/04; 34378-254 620 Devenwood Way, The Oaks 8/6/04; 34398-370 623 Devenwood Way, The Birches 8/6/04; 34412-104 627 Devenwood Way, The Birches 8/11/04; 34426-227 610 Devenwood Way, The Oaks 8/6/04; 34440-249 629 Devenwood Way, The Birches 8/11/04; 34468-227 420 Fernwood Lane, The Oaks 8/25/04; 34479-131 622 Devenwood Way, The Oaks 8/13/04; 34479-162 418 Fernwood Lane, The Oaks 8/11/04; 34503-229 624 Devenwood Way, The Oaks 9/10/04; 34582-18 628 Devenwood Way, The Oaks 9/27/04; 34704-236 635 Devenwood Way, The Birches 9/27/04; 34709-173 637 Devenwood Way, The Birches 9/27/04; 34721-100 618 Devenwood Way, The Oaks 9/27/04; 34719-390 612 Devenwood Way, The Oaks 10/4/04; 34782-389 626 Devenwood Way, The Oaks 10/4/04; 34782-399 634 Devenwood Way, The Oaks 10/18/04; 34867-385 632 Devenwood Way, The Oaks 10/18/04; 34875-140 631 Devenwood Way, The Birches 10/18/04; 34890-123 639 Devenwood Way, The Birches 10/25/04; 34916-217 426 Fernwood Lane, The Oaks 10/25/04; 34918-248 636 Devenwood Way, The Oaks 10/25/04; 34935-42 643 Devenwood Way, The Birches 11/1/04; 34995-50 630 Devenwood Way, The Oaks 11/8/04; 35050-177 642 Devenwood Way, The Oaks 11/8/04; 35051-398 645 Devenwood Way, The Birches 11/8/04; 35063-334 641 Devenwood Way, The Birches 11/15/04; 35097-132 640 Devenwood Way, The Oaks 11/15/04; 35095-286 {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 3
Unit No., Condominium Date; Book-Page 613 Devenwood Way, The Birches 6/11/04; 35105-59 647 Devenwood Way, The Birches 11/29/04; 35211-90 644 Devenwood Way, The Oaks 12/29/04; 35227-236 653 Devenwood Way, The Birches 12/6/04; 35255-264 433 Boxwood Lane, The Oaks 12/6/04; 35260-377 655 Devenwood Way, The Birches 12/6/04; 35365-151 304 Sprucewood Lane, The Aspens 1/10/05; 35501-61 659 Devenwood Way, The Birches 1/3/05; 35505-66 504 Linwood Court, The Oaks 1/18/05; 35537-360 431 Boxwood Lane, The Oaks 1/18/05; 35545-400 508 Linwood Court, The Oaks 2/4/05; 35674-363 506 Linwood Court, The Oaks 2/11/05; 35716-360 501 Linwood Court, The Oaks 3/3/05; 35896-204 651 Devenwood Way, The Birches 3/3/05; 35908-106 310 Sprucewood Lane, The Aspens 3/22/05; 35952-263 505 Linwood Court, The Oaks 3/28/05; 36063-204 669 Devenwood Way, The Birches 4/11/05; 36115-370 509 Linwood Court, The Oaks 4/19/05; 36151-305 511 Linwood Court, The Oaks 4/26/05; 36218-77 513 Linwood Court, The Oaks 5/10/05; 36310-13 667 Devenwood Way, The Birches 5/10/05; 36309-76 104 Candlewood Lane, The Aspens 6/14/05; 36587-108 657 Devenwood Way, The Birches 7/5/05; 36784-123 308 Sprucewood Lane, The Aspens 7/5/05; 36796-258 312 Sprucewood Lane, The Aspens 7/5/05; 36896-309 432 Boxwood Lane, The Oaks 7/22/05; 36909-349 105 Candlewood Lane, The Aspens 7/22/05; 36910-215 430 Boxwood Lane, The Oaks 8/3/05; 37054-68 806 Ledgewood Way, The Oaks 8/12/05; 37116-244 808 Ledgewood Way, The Oaks 8/12/05; 37154-135 507 Linwood Court, The Oaks 9/8/05; 37333-105 {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 4
Unit No., Condominium Date; Book-Page 804 Ledgewood Way, The Oaks 9/20/05; 37373-285 638 Devenwood Way, The Oaks 9/20/05; 37423-23 649 Devenwood Way, The Birches 9/20/05; 37483-294 802 Ledgewood Way, The Oaks 10/3/05; 37514-390 512 Linwood Court, The Oaks 10/13/05; 37607-117 815 Ledgewood Way, The Birches 10/13/05; 37596-293 810 Ledgewood Way, The Oaks 10/24/05; 37650-112 671 Devenwood Way, The Birches 10/24/05; 37651-57 502 Linwood Court, The Oaks 10/24/05; 37681-261 661 Devenwood Way, The Birches 11/9/05; 37835-339 663 Devenwood Way, The Birches 11/18/05; 37871-180 822 Ledgewood Way, The Oaks 12/5/05; 37976-65 816 Ledgewood Way, The Oaks 12/5/05; 37982-114 102 Candlewood Lane, The Aspens 12/29/05; 38124-91 814 Ledgewood Way, The Oaks 1/4/06; 38179-296 819 Ledgewood Way, The Birches 2/21/06; 38492-372 633 Devenwood Way, The Birches 4/13/06; 38922-272 510 Linwood Court, The Oaks 8/23/06; 39627-133 820 Ledgewood Way, The Oaks 9/26/06; 39848-220 818 Ledgewood Way, The Oaks 10/2/06; 39922-122 817 Ledgewood Way, The Birches 10/24/06; 40056-378 665 Devenwood Way, The Birches 11/3/06; 40137-7 812 Ledgewood Way, The Oaks 12/22/06; 40563-76 811 Ledgewood Way, The Birches 2/27/07; 40736-298 111 Applewood Lane, The Aspens 5/25/07; 41214-257 208 Cherrywood Lane, The Maples 6/25/07; 41376-40 203 Cherrywood Lane, The Maples 6/26/07; 41392-104 210 Cherrywood Lane, The Maples 7/3/07; 41450-70 204 Cherrywood Lane, The Maples 7/11/07; 41476-154 821 Ledgewood Way, The Birches 7/23/07; 41589-378 202 Cherrywood Lane, The Maples 7/31/07; 41598-193 {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 5
Unit No., Condominium Date; Book-Page 825 Ledgewood Way, The Birches 8/7/07; 41627-274 827 Ledgewood Way, The Birches 7/31/07; 41636-363 803 Ledgewood Way, The Birches 8/9/07; 41652-358 110 Applewood Lane, The Aspens 8/9/07; 41707-204 813 Ledgewood Way, The Birches 9/4/07; 41760-11 809 Ledgewood Way, The Birches 10/10/07; 41925-321 801 Ledgewood Way, the Birches 10/10/07; 41932-64 823 Ledgewood Way, The Birches 10/24/07; 41987-17 805 Ledgewood Way, The Birches 10/30/07; 42008-6 824 Ledgewood Way, The Oaks 9/11/07; 42059-143 807 Ledgewood Way, The Birches 1/10/08; 42307-379, 380 205 Cherrywood Lane, The Maples 2/5/08; 42395-207 201 Cherrywood Lane, The Maples 3/12/08; 42555-377 302 Sprucewood Lane, The Aspens 3/31/08; 42833-247 212 Cherrywood Lane, The Maples 6/19/08; 43054-100 306 Sprucewood Lane, The Aspens 7/17/08; 43156-172 826 Ledgewood Way, The Oaks 11/6/08; 43498-62 828 Ledgewood Way, The Oaks 12/9/08; 43588-277 1402 Kenwood Way, The Aspens 2/6/09; 43785-325. Certain portions of the Premises are now known as the following condominiums: (a) THE MAPLES CONDOMINIUM AT THE WOODLANDS ( The Maples ), a condominium established by Master Deed dated October 30, 2003 and recorded with Registry in Book 32148, Page 88, as amended and restated from time to time ( The Maples Master Deed ), with respect to Parcel A200 as shown on a plan recorded with the Registry in Plan Book 797, Plan 105 (the Plan ); (b) THE BIRCHES CONDOMINIUM AT THE WOODLANDS ( The Birches ), a condominium established by Master Deed dated October 30, 2003 and recorded with Registry in Book 32148, Page 50, as amended and restated from time to time ( The Birches Master Deed ), with respect to Parcel A602 as shown on the Plan; (c) THE OAKS CONDOMINIUM AT THE WOODLANDS ( The Oaks ), a condominium established by Master Deed dated October 30, 2003 and recorded with Registry in Book 32148, Page 126, as amended and restated from time to time ( The Oaks Master Deed ), with respect to Parcel A400 and Parcel A601 as shown on the Plan; {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 6
(d) THE ASPENS CONDOMINIUM AT THE WOODLANDS ( The Aspens ), a condominium established by Master Deed dated January 10, 2005 and recorded with Registry in Book 35491, Page 181, as amended and restated from time to time ( The Aspens Master Deed ), with respect to Parcels A100, A100B, A300 and A300B as shown on plan recorded with the Registry in Plan Book 820, Plan 58; and (e) THE BRIARWOOD CONDOMINIUM AT THE WOODLANDS ( The Briarwood ), a condominium established by Master Deed dated November 14, 2005 and recorded with Registry in Book 37788, Page 150, as amended and restated from time to time ( The Briarwood Master Deed ), with respect to Parcel A2000 as shown on the Plan; (The Maples Master Deed, The Birches Master Deed, The Oaks Master Deed, The Aspens Master Deed and The Briarwood Master Deed are collectively referred to herein as the Master Deeds ). The Premises will be sold and conveyed subject to and with the benefit of the terms, conditions and provisions of each of: (a) the Master Deeds; (b) the condominium trust created with respect to The Maples by a Declaration of Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 109, as amended and restated from time to time ( The Maples Condominium Trust ); (c) the condominium trust created with respect to The Oaks by a Declaration of Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 148, as amended and restated from time to time ( The Oaks Condominium Trust ); (d) the condominium trust created with respect to The Birches by a Declaration of Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 71, as amended and restated from time to time ( The Birches Condominium Trust ); (e) the condominium trust created with respect to The Aspens by a Declaration of Trust dated January 10, 2005 and recorded with the Registry in Book 35491, Page 207, as amended and restated from time to time ( The Aspens Condominium Trust ); (f) the condominium trust created with respect to The Briarwood by a Declaration of Trust dated November 14, 2005 and recorded with the Registry in Book 37788, Page 172, as amended and restated from time to time ( The Briarwood Condominium Trust ) (The Maples Condominium Trust, The Birches Condominium Trust, The Maples Condominium Trust, The Aspens Condominium Trust and The Briarwood Condominium Trust collectively the Condominium Trusts ); (g) Declaration of Covenants, Conditions and Restrictions for The Woodlands Homeowners Association as declared by Tall Pines Realty Corp., recorded with the Registry on November 4, 2003 in Book 32148, Page 18; {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 7
(h) all of the mortgagor s right, title and interest as grantor in and to each of the Condominium Trusts and the Master Deeds, including any and all rights and easements for phasing which allow the creation of additional condominium units; (i) Subordination and Collateral Assignment Agreement [The Oaks Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 385; (j) Subordination and Collateral Assignment Agreement [The Maples Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 390; (k) Subordination and Collateral Assignment Agreement [The Birches Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 395; and (l) any and all restrictions, easements, improvements, outstanding tax titles, municipal and other public taxes, assessments, liens, or claims in the nature of liens and existing encumbrances of record created prior to the Mortgage or to which the Mortgage has been subordinated of record, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the Foreclosure Deed. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. The Mortgagee also reserves the right to sell the Premises in whole or in part. In the event that the successful bidder at the sale shall default in purchasing the Premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the Premises by Foreclosure Deed and Affidavit of Sale to the second highest bidder provided that the second highest bidder shall deposit with Mortgagee's attorneys, Bowditch & Dewey, LLP, the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second highest bidder within twenty (20) days of said written notice. Terms of sale: A deposit of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Bowditch & Dewey, LLP, 311 Main Street, Worcester, Massachusetts 01608 within thirty (30) days from the date of sale. The successful bidder shall be required to sign a Memorandum of Sale containing the above terms and additional terms at the time and place of sale. The successful bidder shall be required to guarantee payment of the amount bid and entered on the Memorandum of Sale and performance thereunder and the shall have no claim to any excess of the sale price of the Premises over the amount bid. {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 8
In the event of an error in this Notice of Sale, the description of the Premises contained in the Mortgage shall control. Other terms, if any, to be announced at the sale. George W. Tetler III, Esq. Bowditch & Dewey, LLP 311 Main Street P.O. Box 15156 Worcester, MA 01615-0156 Attorneys for Clinton Savings Bank Published: July 6, 13 and 20, 2009 CLINTON SAVINGS BANK Present Holder of Mortgage {Client Files\BAN\032868\0114\FORECLOSURE\01445078.DOC;1} 9
ADDITIONAL TERMS AND CONDITIONS OF THE MORTGAGEE S SALE 1. The premises or a portion or portions thereof will be sold to the highest bidder(s) pursuant to the Notice of Mortgagee s Sale of Real Estate. The successful bidder(s) shall be required to execute a Memorandum of Sale upon acceptance of the bid. 2. The Auctioneer will prequalify bidders by inspecting their deposit checks and requiring reasonable identification. The successful bidder(s) shall deposit the required deposit with the Mortgagee s attorney which deposit shall be forfeited if the successful bidder shall refuse to execute a Memorandum of Sale, or if, after signing, the successful bidder(s) does not perform in accordance with the terms, provisions and conditions set forth in the Memorandum of Sale. In case of forfeiture, the deposit shall become the property of the Mortgagee and such forfeiture by the successful bidder(s) shall not release him or her from his or her agreement. The successful bidder(s) guarantees payment and performance of the Buyer s obligations under the Memorandum of Sale. 3. No adjustment shall be made for real estate taxes, assessments, or other municipal charges, liens or claims in the nature of liens, as the successful bidder shall take the premises subject to all taxes, charges, rents, security deposits, assessments and liens up to the date of delivery of the deed. The Mortgagee makes no representations or warranties with respect to any such matter. 4. The premises are being sold and conveyed in AS IS CONDITION, subject to known and unknown defects, if any, subject to their present manner of use and occupancy, without representation or warranty as to their condition, construction, or fitness for habitation, and without regard to whether they conform to applicable federal, state or local health, building, zoning, environmental and sanitary codes or other laws and regulations. 5. The Auctioneer reserves the right to accept or reject any and all bids. The Auctioneer reserves the right to bid for or on behalf of the Mortgagee. 6. The Mortgagee reserves the right to adjourn, postpone or cancel this sale up until the moment the Auctioneer accepts the bid and declares the premises sold. 7. ALL PERSONS ARE UPON THE PREMISES AT THEIR OWN RISK. BY BIDDING AT THE AUCTION, ALL BIDDERS SHALL BE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THE MORTGAGEE S SALE. 8. Bids shall only be accepted in increments acceptable to the Auctioneer. 9. In the event of a default by a successful bidder at today s auction sale, the foreclosing Mortgagee reserves the right to sell the premises or a portion thereof to the second {Client Files\BAN\032868\0114\FORECLOSURE\01464191.DOC;1}
highest bidder for such premises, at his or her last highest bid, under substantially the same terms and conditions as were offered at today s foreclosure auction and without reoffering the property at foreclosure sale. The second highest bidder will have three (3) business days after notification by the foreclosing Mortgagee to make the required deposit pursuant to the Secondary Memorandum of Sale, and shall have thirty (30) days from the date of the written notice of default of the highest registered bidder, or such other date and place as may be mutually agreed upon in writing, to accept the foreclosure deed and pay the purchase price for the premises. 10. The premises may be offered for sale in separate parcels or portions, then in bulk. Bids on separate parcels or portions will be accepted conditionally, pending bidding on the premises in bulk. If the aggregate of the highest bids on the individual parcels or portions is less than the highest bid on the entirety of the premises, the individual parcel or portion bids will be rejected and the sale awarded to the bulk bidder. {Client Files\BAN\032868\0114\FORECLOSURE\01464191.DOC;1}
MEMORANDUM OF SALE This Memorandum of Sale is made this 29 th day of July, 2009 by and among CLINTON SAVINGS BANK, a Massachusetts banking corporation with a principal place of business at 200 Church Street, Clinton, Massachusetts 01510 (the Seller ), JEROME J. MANNING & CO. INC., of 179 Old King s Highway, Yarmouth Port, Massachusetts 02675 (the Auctioneer ) and, or nominee (the Buyer ). 1. MORTGAGEE S SALE AT PUBLIC AUCTION Pursuant to a public auction conducted July 29, 2009 by the Auctioneer on behalf of the Seller as foreclosing mortgagee, in exercise of the Power of Sale contained in a Mortgage and Security Agreement (Including Collateral Assignment of Rents and Leases) given by TALL PINES REALTY CORP. to CLINTON SAVINGS BANK, which Mortgage is dated as of November 4, 2002 and recorded with the Worcester District Registry of Deeds (the Registry ) in Book 28021, Page 89, as amended by First Amendment to Mortgage and Security Agreement dated December 20, 2005 and recorded with the Registry in Book 38068, Page 207 and by Second Amendment to Mortgage and Security Agreement dated January 11, 2006 and recorded with the Registry in Book 38193, Page 356 (collectively the Mortgage ), the Buyer as the highest bidder agrees to purchase the real property described below (the Property ) in accordance with the terms hereof and in accordance with the Additional Terms and Conditions of Mortgagee s Sale as announced at the time and place of sale, which Terms Additional Terms and Conditions of Mortgagee s Sale are incorporated herein by reference. 2. DESCRIPTION OF THE PROPERTY The Property shall mean the property described in the Notice of Mortgagee s Sale of Real Estate, a copy of which is attached hereto as Exhibit A, being known as property off Berlin Street, in Clinton, Worcester County, Massachusetts. 3. TRANSFER OF THE PROPERTY The Property shall be conveyed by a mortgagee s deed in substantially the form of the usual foreclosure deed contained in Massachusetts General Laws, Chapter 183, Appendix Form 11, under the statutory power of sale, subject to: a. Order of Conditions issued by the Clinton Conservation Commission to Tall Pines Realty Trust Albro Construction Co. recorded with the Registry on June 4, 2002 in Book 26846, Page 261, DEP File No. 135-143; Superseding Order of Conditions issued by the Department of Environmental Protection recorded with the Registry on June 24, 2002 in Book 26846, Page 279; Amended Order of Conditions recorded with the Registry on September 7, 2005 in Book 37257, Page 267; Extension Permit dated January 27, 2006 and recorded with the Registry in Book 38298, Page 129 and further Extension Permit dated November 19, 2008 and recorded with the Registry in Book 43544, Page 84; {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} [Entirety]
b. Declaration of Covenants, Conditions and Restrictions for the Woodlands Homeowners Association dated October 1, 2003 and recorded with the Registry in Book 32148, Page 18; c. Provisions of M.G.L. Chapter 183A, as amended, with respect to Master Deed of The Birches Condominium at The Woodlands dated October 30, 2003 and recorded with the Registry in Book 32148, Page 50, as amended and restated in an instrument dated February 3, 2004 and recorded with the Registry in Book 32996, Page 122, as further amended, and the Declaration of The Birches Condominium at The Woodlands Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 71, as amended and restated in an instrument dated July 1, 2004 and recorded with the Registry in Book 34220, Page 373; d. Provisions of M.G.L. Chapter 183A, as amended, with respect to Master Deed of The Maples Condominium at The Woodlands dated October 30, 2003 and recorded with the Registry in Book 32148, Page 88, as amended and restated in an instrument dated February 3, 2004 and recorded with the Registry in Book 32996, Page 143, as further amended, and the Declaration of The Maples Condominium at The Woodlands Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 109, as amended and restated in an instrument dated July 1, 2004 and recorded with the Registry in Book 34221, Page 1; e. Provisions of M.G.L. Chapter 183A, as amended, with respect to Master Deed of The Oaks Condominium at The Woodlands dated October 30, 2003 and recorded with the Registry in Book 32148, Page 126, as amended and restated in an instrument dated February 3, 2004 and recorded with the Registry in Book 32996, Page 164, as further amended, and the Declaration of The Oaks Condominium at The Woodlands Trust dated October 30, 2003 and recorded with the Registry in Book 32148, Page 148, as amended and restated in an instrument dated July 1, 2004 and recorded with the Registry in Book 34220, Page 357; f. Provisions of M.G.L. Chapter 183A, as amended, with respect to Master Deed of The Aspens Condominium at the Woodlands dated January 10, 2005 and recorded with the Registry in Book 35491, Page 181, as amended, and the Declaration of Trust of the Aspens Condominium at the Woodlands Trust dated January 10, 2005 and recorded with the Registry in Book 35491, Page 207; g. Order of Conditions issued by the Clinton Conservation Commission to Tall Pines Realty Group dated November 14, 2007 and recorded with the Registry in Book 42167, Page 312, DEP File No. 135-200; h. Decision by the Clinton Zoning Board of Appeals granting a Special Permit to Tall Pines Realty Trust to construct multi-family housing dated July 31, 2002 recorded with the Registry in Book 26732, Page 166; {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 2
i. Decision by the Clinton Planning Board granting a Parking Special Permit and a Multi-Family Special Permit was recorded with the Registry on August 18, 2003 in Book 31282, Page 321; j. Decision by the Clinton Planning Board granting a Parking Special Permit and a Multi-Family Special Permit recorded with the Registry on August 18, 2003 in Book 31282, Page 329; k. provisions of building codes and local zoning laws, if any; l. such taxes and municipal betterment assessments outstanding on the date of the delivery of the deed; m. all easements, restrictions and rights of way of record, if any, which may be enforced against the Seller; n. the provisions of Massachusetts General Laws, Chapter 21E; o. the tenancy of any present occupant to the extent such tenancy may be enforced against the rights of the Seller; and p. any other liens, claims or existing encumbrances of record created prior to the Mortgage or to which the Mortgage has been subordinated of record, including without limitation: 1. a Subordination and Collateral Assignment Agreement [The Oaks Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 385; 2. Subordination and Collateral Assignment Agreement [The Maples Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 390; 3. Subordination and Collateral Assignment Agreement [The Birches Condominium at the Woodlands] dated as of December 16, 2003 by and between Clinton Savings Bank and Tall Pines Realty Corp., recorded with the Registry in Book 32498, Page 395. The total bid price will be set forth as the consideration in the deed to the Property. 4. PRICE AND DEPOSIT The bid price for which the Property has been sold to the Buyer is ($ ) of which Twenty-Five Thousand and 00/100 DOLLARS ($25,000.00) have been paid this day in accordance with the terms of the auction sale, with the balance to be paid by certified check or bank check within thirty (30) days {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 3
of the date hereof, said funds to be held in escrow by the firm of Bowditch & Dewey, LLP, Attorneys for the Seller, 311 Main Street, Worcester, Massachusetts, in accordance with the terms hereof. The Seller shall be entitled to any interest earned on the deposit and the amount to be paid by the Buyer shall not be adjusted to reflect any interest earned on the deposit. 5. CLOSING The deed and related documents shall be delivered and the balance of the consideration paid at the offices of Bowditch & Dewey, LLP, 311 Main Street, Worcester, Massachusetts on the 30th day following the date hereof or such other time and place as may be mutually agreed upon in writing by the Seller and the Buyer (the Closing ). Time is of the essence hereof. 6. TITLE In the event the Seller cannot convey title to the Property as stipulated, the deposit shall be refunded and all rights hereunder shall cease; and the Buyer shall have no recourse against the Seller, or its employees, agents, representatives and attorneys, whether at law or in equity; provided, however, that Buyer shall have the election to accept such title as the Seller can deliver to the Property in its then condition and to pay therefor the purchase price without deduction, in which event the Seller shall convey such title. Any certificate of title and title insurance policy obtained by the Buyer shall be at the Buyer s sole cost and expense. The Buyer acknowledges that Buyer may be unable to obtain title insurance to the premises without the so-called creditors rights exception if the title company concludes that the purchase price is not sufficient. The Buyer specifically acknowledges that the Seller shall be under no duty to cause the title company to remove the creditors rights exception from Buyer s title insurance policy. 7. RISK OF LOSS Seller shall be under no obligation to maintain casualty insurance covering the Property. If the Property is damaged by fire or other casualty prior to the Closing, Buyer shall accept a deed to the Property and an assignment of so much of any insurance proceeds as may be payable to the Seller under any policy of insurance as has not been used in the restoration of the Property prior to the Closing, paying therefor the full bid price. 8. DELIVERY OF DEED The delivery of a deed to the Property to the Buyer or Buyer s nominee, as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed or arising out of said public auction on the part of the Seller to be performed or observed. 9. CONDITION OF THE PROPERTY THE PROPERTY SHALL BE CONVEYED IN AS-IS CONDITION, SUBJECT TO KNOWN AND UNKNOWN DEFECTS, IF ANY, AND SUBJECT TO THE PRESENT MANNER OF USE AND OCCUPANCY OF THE PROPERTY. THE SELLER MAKES NO {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 4
REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PROPERTY, OR TO ITS USE AND OCCUPANCY. THE BUYER ACKNOWLEDGES THAT BUYER HAS NOT BEEN INFLUENCED TO ENTER THIS TRANSACTION BY, NOR HAS IT RELIED UPON, ANY REPRESENTATIONS OR WARRANTIES OF THE SELLER OR THE AUCTIONEER, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES CONCERNING COMPLIANCE WITH ANY HEALTH, BUILDING, ZONING, ENVIRONMENTAL OR OTHER LAW OR ORDINANCE OR REGULATION (FEDERAL, STATE OR LOCAL) WHICH MAY AFFECT THE TRANSFER OF THE PROPERTY OR THE BUYER S USE AND/OR ENJOYMENT OF THE PROPERTY, EACH OF WHICH REPRESENTATIONS AND WARRANTIES IS EXPRESSLY DISCLAIMED. The Buyer acknowledges that it has had the opportunity to investigate the condition of the Property and to examine such public records pertaining to the Property as it has deemed necessary. The Buyer acknowledges that the cost of any inspections of the Property necessary for compliance with Title 5 of the Massachusetts Environmental Code shall be the Buyer s sole responsibility. If the Property is serviced by such a system, the Buyer agrees to comply with the provisions of 310 CMR 15.301 requiring inspection of the system within six months after the date of this Memorandum of Sale. The Buyer agrees that such inspection will be made at the Buyer s sole expense. The Buyer agrees that the cost of any inspections of the Property necessary for compliance with any state, federal or local law, ordinance or regulation will be the Buyer s sole responsibility, and that Seller shall have no liability or responsibility therefor whatsoever. The Buyer acknowledges that the Seller shall be under no obligation to comply with any statute or regulation, including, without limitation, Massachusetts General Laws c. 148, 26F, 26G and 28 concerning installation of smoke detectors, carbon monoxide detectors or automatic fire suppression or sprinkler systems, which obligations the Buyer specifically assumes. 10. BUYER S DEFAULT; DAMAGES If the Buyer shall fail to fulfill the Buyer s agreements herein, all deposits made hereunder by the Buyer shall be retained by the Seller and the Seller shall be free to sell the Property to the second highest bidder at the public auction in accordance with the terms announced at the public auction. The Buyer shall reimburse the Seller for all costs and expenses incurred by the Seller, in excess of the amount of the deposit, due to the Buyer s default, including the costs and expenses of subsequent sales of the Property or any portion thereof and attorneys and auctioneers fees in connection therewith and herewith. The Buyer hereby guarantees payment of the amount bid and entered on this Memorandum of Sale and performance hereunder; the Buyer shall have no claim to any excess of the sale price of the Property over the amount bid. The Buyer shall have no claim to any excess of the resale price of the Property over the bid price contained in this Memorandum of Sale. In addition, the Seller reserves all remedies at law and in equity against the Buyer for any default by the Buyer under this Memorandum of Sale. {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 5
11. BROKERAGE Each party represents and warrants to the other that (a) this Memorandum has been entered into pursuant to a public auction without the intervention of any real estate broker, and (b) it will indemnify the other and hold it harmless against and in respect of any claim for brokerage or other commissions relative to this Memorandum, or to the transactions contemplated thereby, in violation of the foregoing representation and warranty. 12. DEED STAMPS AND RECORDING FEES The Buyer shall pay for and cancel for the benefit of the Seller the excise tax stamps required to be affixed to the foreclosure deed by the law of The Commonwealth of Massachusetts. The Buyer shall pay all recording fees in connection with the transfer of the Property. 13. CONSTRUCTION OF AGREEMENT This instrument, executed in triplicate, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the Seller and the Buyer. If two 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 considered a part of this Memorandum or to be used in determining the intent of the parties to it. THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURES APPEAR ON THE FOLLOWING PAGE {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 6
IN WITNESS WHEREOF, the parties have executed this Memorandum as a sealed instrument as of the date first written above. CLINTON SAVINGS BANK By: Name: Title: JEROME J. MANNING & CO. INC. By: Name: Justin J. Manning Title: President [BUYER] Printed Name: Address Telephone Number Social Security Number {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2} 7
EXHIBIT A MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the power of sale contained in a certain Mortgage and Security Agreement (Including Collateral Assignment of Rents and Leases) given by TALL PINES REALTY CORP. to CLINTON SAVINGS BANK, which Mortgage is dated as of November 4, 2002 and recorded with the Worcester District Registry of Deeds (the Registry ) in Book 28021, Page 89, as amended by First Amendment to Mortgage and Security Agreement dated December 20, 2005 and recorded with the Registry in Book 38068, Page 207 and by Second Amendment to Mortgage and Security Agreement dated January 11, 2006 and recorded with the Registry in Book 38193, Page 356 (collectively the Mortgage ), and of which Mortgage the undersigned is the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, will be sold at Public Auction at 11:00 A.M., on Wednesday, the 29th day of July, 2009, at the premises hereinafter described, all and singular the premises described in the Mortgage, together with all buildings thereon, all rights of way or uses, servitudes, licenses, tenements, rents, leases, hereditaments, appurtenances, easements and other rights now or hereafter existing, belonging or pertaining thereto, all fixtures and other articles of every kind and nature whatsoever now or hereafter owned or leased by Tall Pines Realty Corp. and used or procured for use in connection with the operation, maintenance, construction, improvement and rehabilitation of the Premises, insofar as the same are, or can by agreement of the parties be made, a part of the real estate, including, without limiting the generality of the foregoing, any and all boilers, pumps, tanks, electric panel switchboards, lighting equipment and wiring, heating, plumbing and ventilating apparatus, sprinklers, if any, elevators, escalators, refrigerating, air conditioning and air-cooling equipment and other building service equipment (said real estate, improvements, rights, fixtures and other articles being collectively called the Premises ), to wit: The parcels of land located partly in Clinton and partly in Berlin, Worcester County, Massachusetts, described as follows: PARCEL I containing 109.6 acres; PARCEL II containing 38.17 acres; PARCEL III containing 15.09 acres; PARCEL IV containing 48.09 acres. All of the above parcels being shown on a Plan of Land in Clinton & Berlin, Mass., prepared for Tall Pines Realty Corp., Scale 1 = 175, dated May 2002, by David E. Ross Associates, Inc., recorded in the Worcester District Registry of Deeds in Plan Book 781, Plan 21. Subject to the terms and conditions of a special permit issued by the Zoning Board of Appeals for the Town of Clinton recorded in said Registry at Book 26732, Page 166. For Title Reference, see deeds recorded in said Registry at Book 26553, Page 277, Book 26553, Page 284, Book 26553, Page 260, and Book 26732, Page 161., {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}
excepting (a) the land in Berlin, Massachusetts shown as Parcels III and IV on the abovereferenced plan recorded with the Registry in Plan Book 781, Plan 21, (b) Unit 616 of The Oaks (hereinafter defined) known as 616 Devenwood Way, (c) Unit 206 of The Maples (hereinafter defined) known as 206 Cherrywood Lane, (d) the land off Woodland Circle shown as Parcels A900, A1100, A1300, A1500, A1700, A200, A2000, A2100, and C2300 on plan recorded with the Registry in Plan Book 797, Plan 105, released pursuant to a Partial Release dated February 8, 2005 and recorded with the Registry in Book 35748, Page 196, and (e) certain condominium units released pursuant to partial releases given by Clinton Savings Bank with respect to the Mortgage, including without limitation with respect to the following units in certain of the condominiums as defined and set forth below, which partial releases are dated and recorded with the Registry as follows: Unit No., Condominium 201, 203, 205 Cherrywood Lane, The Maples Date; Book-Page 12/16/03; 32498-370 408 Fernwood Lane, The Oaks 1/29/04; 33202-348 208, 210 and 212 Cherrywood Lane, The Maples 4/8/04; 33265-328 406 Fernwood Lane, The Oaks 3/3/04; 33307-305 404 Fernwood Lane, The Oaks 4/12/04; 33310-201 412 Fernwood Lane, The Oaks 4/13/04; 33327-301 607 Devenwood Way, The Birches 4/21/04; 33427-141 416 Fernwood Lane, The Oaks 4/21/04; 33429-266 410 Fernwood Lane, The Oaks 5/3/04; 33532-265 424 Fernwood Lane, The Oaks 5/3/04; 33541-117 603 Devenwood Way, The Birches 5/6/04; 33585-49 422 Fernwood Lane, The Oaks 5/3/04; 33640-293 414 Fernwood Lane, The Oaks 5/21/04; 33696-53 606 Devenwood Way, The Oaks 5/21/04; 33698-264 608 Devenwood Way, The Oaks 6/8/04; 33828-298 615 Devenwood Way, The Birches 6/11/04; 33894-234 605 Devenwood Way, The Birches 6/11/04; 33931-250 601 Devenwood Way, The Birches 6/11/04; 33974-104 609 Devenwood Way, The Birches 6/11/04; 34015-45 617 Devenwood Way, The Birches 7/14/04; 34123-378 611 Devenwood Way, The Birches 7/6/04; 34169-103 {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}
Unit No., Condominium Date; Book-Page 619 Devenwood Way, The Birches 7/20/04; 34192-133 614 Devenwood Way, The Oaks 7/26/04; 34241-160 602 Devenwood Way, The Oaks 7/26/04; 34251-84 621 Devenwood Way, The Birches 7/26/04; 34290-92 625 Devenwood Way, The Birches 8/6/04; 34374-90 604 Devenwood Way, The Oaks 8/6/04; 34378-254 620 Devenwood Way, The Oaks 8/6/04; 34398-370 623 Devenwood Way, The Birches 8/6/04; 34412-104 627 Devenwood Way, The Birches 8/11/04; 34426-227 610 Devenwood Way, The Oaks 8/6/04; 34440-249 629 Devenwood Way, The Birches 8/11/04; 34468-227 420 Fernwood Lane, The Oaks 8/25/04; 34479-131 622 Devenwood Way, The Oaks 8/13/04; 34479-162 418 Fernwood Lane, The Oaks 8/11/04; 34503-229 624 Devenwood Way, The Oaks 9/10/04; 34582-18 628 Devenwood Way, The Oaks 9/27/04; 34704-236 635 Devenwood Way, The Birches 9/27/04; 34709-173 637 Devenwood Way, The Birches 9/27/04; 34721-100 618 Devenwood Way, The Oaks 9/27/04; 34719-390 612 Devenwood Way, The Oaks 10/4/04; 34782-389 626 Devenwood Way, The Oaks 10/4/04; 34782-399 634 Devenwood Way, The Oaks 10/18/04; 34867-385 632 Devenwood Way, The Oaks 10/18/04; 34875-140 631 Devenwood Way, The Birches 10/18/04; 34890-123 639 Devenwood Way, The Birches 10/25/04; 34916-217 426 Fernwood Lane, The Oaks 10/25/04; 34918-248 636 Devenwood Way, The Oaks 10/25/04; 34935-42 643 Devenwood Way, The Birches 11/1/04; 34995-50 630 Devenwood Way, The Oaks 11/8/04; 35050-177 642 Devenwood Way, The Oaks 11/8/04; 35051-398 {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}
Unit No., Condominium Date; Book-Page 645 Devenwood Way, The Birches 11/8/04; 35063-334 641 Devenwood Way, The Birches 11/15/04; 35097-132 640 Devenwood Way, The Oaks 11/15/04; 35095-286 613 Devenwood Way, The Birches 6/11/04; 35105-59 647 Devenwood Way, The Birches 11/29/04; 35211-90 644 Devenwood Way, The Oaks 12/29/04; 35227-236 653 Devenwood Way, The Birches 12/6/04; 35255-264 433 Boxwood Lane, The Oaks 12/6/04; 35260-377 655 Devenwood Way, The Birches 12/6/04; 35365-151 304 Sprucewood Lane, The Aspens 1/10/05; 35501-61 659 Devenwood Way, The Birches 1/3/05; 35505-66 504 Linwood Court, The Oaks 1/18/05; 35537-360 431 Boxwood Lane, The Oaks 1/18/05; 35545-400 508 Linwood Court, The Oaks 2/4/05; 35674-363 506 Linwood Court, The Oaks 2/11/05; 35716-360 501 Linwood Court, The Oaks 3/3/05; 35896-204 651 Devenwood Way, The Birches 3/3/05; 35908-106 310 Sprucewood Lane, The Aspens 3/22/05; 35952-263 505 Linwood Court, The Oaks 3/28/05; 36063-204 669 Devenwood Way, The Birches 4/11/05; 36115-370 509 Linwood Court, The Oaks 4/19/05; 36151-305 511 Linwood Court, The Oaks 4/26/05; 36218-77 513 Linwood Court, The Oaks 5/10/05; 36310-13 667 Devenwood Way, The Birches 5/10/05; 36309-76 104 Candlewood Lane, The Aspens 6/14/05; 36587-108 657 Devenwood Way, The Birches 7/5/05; 36784-123 308 Sprucewood Lane, The Aspens 7/5/05; 36796-258 312 Sprucewood Lane, The Aspens 7/5/05; 36896-309 432 Boxwood Lane, The Oaks 7/22/05; 36909-349 105 Candlewood Lane, The Aspens 7/22/05; 36910-215 {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}
Unit No., Condominium Date; Book-Page 430 Boxwood Lane, The Oaks 8/3/05; 37054-68 806 Ledgewood Way, The Oaks 8/12/05; 37116-244 808 Ledgewood Way, The Oaks 8/12/05; 37154-135 507 Linwood Court, The Oaks 9/8/05; 37333-105 804 Ledgewood Way, The Oaks 9/20/05; 37373-285 638 Devenwood Way, The Oaks 9/20/05; 37423-23 649 Devenwood Way, The Birches 9/20/05; 37483-294 802 Ledgewood Way, The Oaks 10/3/05; 37514-390 512 Linwood Court, The Oaks 10/13/05; 37607-117 815 Ledgewood Way, The Birches 10/13/05; 37596-293 810 Ledgewood Way, The Oaks 10/24/05; 37650-112 671 Devenwood Way, The Birches 10/24/05; 37651-57 502 Linwood Court, The Oaks 10/24/05; 37681-261 661 Devenwood Way, The Birches 11/9/05; 37835-339 663 Devenwood Way, The Birches 11/18/05; 37871-180 822 Ledgewood Way, The Oaks 12/5/05; 37976-65 816 Ledgewood Way, The Oaks 12/5/05; 37982-114 102 Candlewood Lane, The Aspens 12/29/05; 38124-91 814 Ledgewood Way, The Oaks 1/4/06; 38179-296 819 Ledgewood Way, The Birches 2/21/06; 38492-372 633 Devenwood Way, The Birches 4/13/06; 38922-272 510 Linwood Court, The Oaks 8/23/06; 39627-133 820 Ledgewood Way, The Oaks 9/26/06; 39848-220 818 Ledgewood Way, The Oaks 10/2/06; 39922-122 817 Ledgewood Way, The Birches 10/24/06; 40056-378 665 Devenwood Way, The Birches 11/3/06; 40137-7 812 Ledgewood Way, The Oaks 12/22/06; 40563-76 811 Ledgewood Way, The Birches 2/27/07; 40736-298 111 Applewood Lane, The Aspens 5/25/07; 41214-257 208 Cherrywood Lane, The Maples 6/25/07; 41376-40 {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}
Unit No., Condominium Date; Book-Page 203 Cherrywood Lane, The Maples 6/26/07; 41392-104 210 Cherrywood Lane, The Maples 7/3/07; 41450-70 204 Cherrywood Lane, The Maples 7/11/07; 41476-154 821 Ledgewood Way, The Birches 7/23/07; 41589-378 202 Cherrywood Lane, The Maples 7/31/07; 41598-193 825 Ledgewood Way, The Birches 8/7/07; 41627-274 827 Ledgewood Way, The Birches 7/31/07; 41636-363 803 Ledgewood Way, The Birches 8/9/07; 41652-358 110 Applewood Lane, The Aspens 8/9/07; 41707-204 813 Ledgewood Way, The Birches 9/4/07; 41760-11 809 Ledgewood Way, The Birches 10/10/07; 41925-321 801 Ledgewood Way, the Birches 10/10/07; 41932-64 823 Ledgewood Way, The Birches 10/24/07; 41987-17 805 Ledgewood Way, The Birches 10/30/07; 42008-6 824 Ledgewood Way, The Oaks 9/11/07; 42059-143 807 Ledgewood Way, The Birches 1/10/08; 42307-379, 380 205 Cherrywood Lane, The Maples 2/5/08; 42395-207 201 Cherrywood Lane, The Maples 3/12/08; 42555-377 302 Sprucewood Lane, The Aspens 3/31/08; 42833-247 212 Cherrywood Lane, The Maples 6/19/08; 43054-100 306 Sprucewood Lane, The Aspens 7/17/08; 43156-172 826 Ledgewood Way, The Oaks 11/6/08; 43498-62 828 Ledgewood Way, The Oaks 12/9/08; 43588-277 1402 Kenwood Way, The Aspens 2/6/09; 43785-325. Certain portions of the Premises are now known as the following condominiums: 1. THE MAPLES CONDOMINIUM AT THE WOODLANDS ( The Maples ), a condominium established by Master Deed dated October 30, 2003 and recorded with Registry in Book 32148, Page 88, as amended and restated from time to time ( The Maples Master Deed ), with respect to Parcel A200 as shown on a plan recorded with the Registry in Plan Book 797, Plan 105 (the Plan ); {Client Files\BAN\032868\0114\FORECLOSURE\01437901.DOC;2}