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10 Hathorne St Fully Executed P&S_ STANDARD FORM From the Offiee Of: PURCHASE and SALE AGRF,EMENT Mark E.Mulligan,Esq. 271 MAIN STREET-SUITE 202 STONEHAM,MA 02190 Tel:781-438-7444 This 14th day of August,2020 1. PARTIES Linda Locke AND MAILING I Pickering Street,Salem,MA.01970 ADDRESSES hereinafter called the SELLER,agrees to SELL and Heritage Development LLC,by Andrew Terrat,Manager 12 Alexandra Road,Lynnfield,MA 01940 hereinafter called the BUYER or PURCHASER, agrees to Buy, upon the terms hereinafter set forth, the following described premises: 10 Hathorne Street,Salem,MA.01970 2. DESCRIPTION The land and the buildings thereon known and numbered 10 Hathome Street,Salem, Massachusetts (fill in and include 01970 containing 3825 sq,ft.of land more or less,and more completely described in Essex South title reference) District Registry of Deeds,Book 23765,Page 330. 3 BUILDINGS, Included in the sale as a part of said premises are the buildings,structures,and improvements now STRUCTURES, thereon,and the fixtures and used in connection therewith including,if any,wall to wall carpeting, IMPROVEMFIXTURES drapery rods,automatic garage door openers,all venetian blinds,window shades,screens,screen doors, storm windows and doors,awnings,shutters,furnaces,heating equipment,stoves,ranges,oil and gas burners and fixtures appurtenant thereto,hot water heaters,plumbing and bathroom fixtures,electric and other lighting fixtures,mantels,outside television antennas,fences,screens,gates,trees,shrubs,plants, and,if built in,air conditioning equipment,ventilators,garbage disposers,dishwashers. Specifically excluding all of Seller's personal belongings not specifically included in the sale. 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at least seven days before the deed is to be delivered as herein provided,and said deed shall convey a good and clear record and marketable Title thereto,free from encumbrances,except (a) Provisions of existing building and zoning laws; (b) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (c) Any liens for municipal betterments assessed after the date of the closing; (d) Any easements,restrictions and reservations of record if any,so long as the same do not or could not be exercised in such a way as to prohibit or materially interfere with the reasonable use of the premises as a single-family dwelling. 5. PLANS if said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing, if the title to said premises is registered,said deed shall be in form sufficient TITLE to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is,($430,000.00), Four Hundred Thirty Thousand dollars,of which $1,000.00 Paid With Offer $20,500.00 Paid upon signing of Purchase&.Sale 408 500.00 are to be paid at the time of delivery of the deed by attorney's conveyancing account cheek_ MR&M TOTAL aao ld p EOT dOoop verified 8. TIME FOR Such deed is to be delivered at 10:00 o'clock A. M.on or before the 14"business day following Buyer's PERFORMANCE, receipt of written short sale approval at Office of Buyer's Attorney unless otherwise agreed upon in DELIVERY OF writing.it is agreed that time is of the essence of this agreement. DEED(fill in) 9. POSSESSION AND Full possession of said premises free of all tenants and occupants is to be delivered at the time of the CONDITION OF delivery of the deed,said premises to be then in broom clean condition, (a) in the same condition as they PREMISES. were at the time of Buyer's Offer to Purchase unless otherwise agreed herein, reasonable use and wear (attach a list of thereof excepted,and(b)not in violation of said building and zoning laws and(c)in compliance with the exceptions,if any) g g , provisions of any instrument referred to in clause 4 hereof and(d)BUYER(S)shall have the opportunity to walk through the property within 48 hours prior to closing in order to determine whether the condition thereof complies with the terms of this Agreement. 10. E7XTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the PERFECT TITLE premises,all as herein stipulated,or if at the time of the delivery of the deed the premises do not conform OR MAKE with the provisions hereof,the SELLER shall use reasonable efforts to remove any defects in title, or to PREMISES deliver possession as provided herein, or to make the said premises conform to the provisions hereof,as CONFORM the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder,and thereupon the time for performance hereof shall be extended for a period of up to thirty (30) days, as reasonably needed to cure the defect. Said Extension shall be in writing and signed by both parties. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title PERFECT TITLE deliver possession, or make:the premises conform, as the case may be, all as herein agreed, or if at any OR MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said PREMISES premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, at the CONFORM BUYER'S option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. BUYERS If the SELLER shall not be able to deliver possession of and title to the premises as herein provided,then 1� ELECTION TO the BUYER shall have the election at either the original or any extended time for performance to accept ACCEPT TITLE such title and possession as the SELLER can deliver_ If the BUYER so elects, he shall pay the full sales price and, in the event the premises shall have been damaged by fire or casualty insured against,then the SELLER shall,unless the premises have been previously restored to their former condition,either (a) Pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance less any amounts reasonably expended by the SELLER for any partial restoration,or (b) If a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE OF The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall be DEED deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed or within a reasonable time thereafter,in accordance with customary conveyancing practice. 14. USE OF MONEY To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of delivery TO CLEAR TITLE of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed or within a reasonable time after delivery of the deed in accordance with prevailing conveyancing practices. osi`�rin 1:58 P.M FD7 '1 c Wc-P vec'etl L 15. INSURANCE Until the delivery and recording of the deed, the SELLER shall maintain insurance on said premises sufficient to enable the SELLER to be able to perform in accordance with the terms of this agreement. Type of Insurance Amount of Coverage (a) Fire and Extended Coverage $ As presently insured. (b) $ All risk of loss to remain with seller until title passes and deed is recorded. 16. ADJUSTMENTS Water and sewer use charges and real estate taxes for the then current year,shall be apportioned and fuel expenses,if any,or value shall be adjusted,as of the day of performance of this agreement and the net 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 UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the new AND ABATED tax rate and valuation can be ascertained;and, if the taxes which are to be a ereafter be TAXES reduced by abatement,the amount of such abatement,less the reasonable cost of olbtainoned ing the shall tsame,shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER's FEE(fill in fee with dollar A Broker's fee for professional services of($20,150.00) is due from SELLER to Little and Co. Realtors amount or who shall in turn disburse as agreed according to MLS agreement to Keller Williams if and when title percentage;also passes and deed has been recorded. name of Brokerage firm(s) 19. BROKER(S) The Broker(s) named herein Little and Co. Realtors and Keller Williams warrants) that the Broker(s) WARRANTY(fill in is(are)duly licensed as such by the Commonwealth of Massachusetts. name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by Little and Co. Realtors as escrow agent subject to 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 shall retain all deposits made under this agreement pending instructions mutually given in writing by the SELLER and the BUYER or by a court of competent jurisdiction. 21, BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages and this shall be the SELLER's DAMAGES remedy at law and equity. sale 22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and other HUSBAND OR rights and interests in said premises. WIFE 23, BROKER AS The Broker(s) named herein join(s) in this agreement and become(s) a party hereto PARTY , insofar as any PARTYprovisions 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. 24_ LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or the BUYER so executing, SHAREHOLDER, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, s or BENEFICIARY,etc, implied,hereunder. ex 25. WARRANTIES and The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has REPRESENTATIONS he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the SELLER or the Broker(s): NONE 26. MORTGAGE Not ApplicablelWaived CONTINGENCY CLAUSE(omit if not provided for in Offer to Purchase) n3 27. CONSTRUCTION This instrument,which may be executed in multiple counterparts, is to be construed as a Massachusetts OF AGREEMENT contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisees,executors, administrators, successors and assigns, and may be cancelled, 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 the 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 agreement or to be used in determining the intent of the parties to it. 28. LEAD PAINT LAW The parties acknowledge that, under Massachusetts Iaw, whenever a child or children under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster or other material so as to make it inaccessible to children under six years of age. 29. SMOKE The SELLER shall, at the time of the delivery of the deed, deliver an original certificate from the fire DETECTORS department of the city or town in which said premises are located stating that said premises have been equipped with approved carbon monoxide and smoke detectors in conformity with applicable law. 30. ADDITIONAL The Buyer has had the opportunity to have premises inspected by a Iicensed professional, has waived PROVISIONS same,and accepts property in"As Is"condition,as of the time of the Buyer's Offer to Purchase_ Both parties acknowledge that this agreement is subject to Seller obtaining written short-sale approval by their current lender. Addendum A and Wire Fraud Rider,attached hereto,are incorporated herein by reference. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MAST ALSO HAVE SIGNED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATE" NOTIC • This is a legal document that creates binding obligations. If not understood,consult an attorney. SELLER OR SPOUSE Linda Locke SELLER ,g danoa v 1181 M EDT =f. M0M03F-1FJF4YVE-ADGO BUYER Heritage Development LLC By Andrew Terrat,Manager BUYER A8 PM EDT n doib.pv ined `T Addendum A to Purchase and Sale Agreement Locke to Heritage Development,LLC 10 Hathorne Street,Salem,MA 01970 IF THE TERMS OF THIS ADDENDUM CONTRADICT THE TERMS OF THE PURCHASE AND SALE AGREEMENT,THIS ADDENDUM SHALL CONTROL. 1. Buyer and Seller hereby acknowledge that they have been offered the opportunity to seek and confer with qualified legal counsel of their choice prior to signing this agreement and throughout this transaction. 2. Sellers shall sign all documents customarily required by Buyers'lender in connection with obtaining mortgage financing, including but not limited to,the Settlement Statement, 1099 Form,UFFI Agreement Smoke Detector Certification, Agreement to Reapportion Taxes,Mechanic's Lien Affidavit,etc. In the event the Seller refuses to sign the same,the Buyer MY elect to cancel this agreement,in which event all deposits shall.be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 3. The Seller shall provide Buyer's attorney with a paid receipt or invoice for any past due and/or final water and sewer charges due on the property at or before the closing. Seller represents that the premises is serviced by town water and sewer. 4. Any tide matter or practice arising under or relating to this agreement which is a subject of a title or practice standard of the Real Estate Bar Association of Massachusetts shall be governed by such standard to the extent applicable. 5. The Seller agrees to allow the Buyer,his agent or designees to have access to the premises for the purpose of having inspections,showing the property to prospective mortgagees and taking measurements,etc. Such access shall only be at a reasonable time,with reasonable notice and in the presence of the Seller or the Seller's agent. 6. To the extent legally assignable,the Seller agrees to assign to the Buyer the benefit of any warranties,service contracts or agreements which are in force and effect,if there be any as to any appliances,fixtures or other equipment to be conveyed. This is to include any information the Seller may have regarding recent upgrades to the premises. Seller shall leave at the premises any documentation in the Seller's possession which relate to the above as well as any guides,manuals or instruction booklets. 7. The Seller represents the following to be true as of the date hereof and as of the date of closing that to the best of their knowledge: A. Seller has the legal right,power and authority to enter into this agreement and to perform all of its obligations hereunder. B. There are no tenancies,occupancies or licenses in or to the premises. C. Seller has not commenced nor has Seller received notice of the commencement of any proceeding,which would affect the present zoning classification of the premises. Seller will not initiate any such proceedings and will promptly notify Buyer if Seller receives notice of any such proceeding commenced by third parties. D. There is,to the best of the Seller's knowledge and belief,no notice,suit,order,decree,claim,writ,injunction or judgment relating to material violations of any laws ordinances,codes,regulations or other requirements with respect to the premises in,of or by any court or governmental authority having jurisdiction over the premises. E. There are no suits,actions or proceedings pending or threatened against Seller materially affecting the premises or Seller's right or power to consummate the transaction contemplated by this Agreement before any court or administrative agency or office that will not be removed simultaneously with the delivery of the deed. o 1 AS PM EDT dntlonn w+rlfled F. There is no pending Seller bankruptcy,mortgage foreclosure,or other legal proceedings that would inhibit this conveyance. G. The Seller has received no notice of eminent domain taking,condemnation,betterment or assessment,actual or proposed, with respect to the premises,and Seller has no reason to believe that any such eminent domain taking,condemnation, betterment or assessment has been proposed or is under construction. H. The Seller has no knowledge and has received no notice of any violations of any environmental law respecting the premises and has no knowledge of the existence of any underground fuel or oil storage tanks on the premises. I. The Seller is the owner of all fixtures and personal property conveyed hereunder and there are no conditional sales or retail installment sale agreements applicable to any such fixtures and personal property conveyed hereunder. J. Seller states that to the best of seller's knowledge,UFFI is not present in the premises. K. The property is not located in a flood zone where the Buyer's lender requires the purchase of flood insurance as a condition of their financing. 8. In the event that the premises shall be substantially damaged in excess of$10,000.00 by fire or other casualty prior to delivery of the deed herein,the Buyer may elect to cancel this agreement by written notice to Seller at which point all deposits shall be forthwith refunded and this agreement shall be null and void without recourse to the parties hereto. 9. In order to facilitate the execution of such documents amending the terms of this agreement or extending the time for performance of any event or notice that may be given under this agreement,each undersigned hereby authorizes his or her respective attorney to assent and execute on that party's behalf,any amendments or agreement extending the time for performance of any event or of any notice that may be given under this agreement. 10. Not withstanding anything herein contained the premises shall not be considered to be in compliance with the provision of this agreement with respect to title unless: A. all structures and improvements,including but not limited to any driveway(s),garage(s) and all means of access to the premises shall be wholly within the lot lines of the premises and shall not encroach upon or under any property not within such lot lines,unless permissible by indefeasible and duly recorded easement; B. the premises abuts a public way,duly laid out or accepted as such by the town or city in which the premises are located,or abuts a private way over which there is direct access by motor vehicle to a public way;and G. no building,structure,improvement or property of any kind encroaches upon or under the premises from other premises; D. title to the premises is insurable,for the benefit of the Buyer,by a title insurance company,in a fee owner's policy of title insurance at normal premium rates,in the American and Tide Association form currently in use,subject only to those printed exceptions to title normally included in the"jacket"to such form or policy,and exceptions permitted pursuant to paragraph 4 of the Purchase and Sale Agreement;and E. All improvements located on the premises have been constructed in accordance with any covenants or order of conditions governing same,and if required by said covenants or conditions,a recordable certificate of compliance is to be delivered at closing unless previously recorded in the applicable Registry of Deeds. 11. This agreement supersedes all prior agreements and other understandings between the parties and represents the complete and full agreement of the parties hereto.All prior offers and agreements between the parties with respect to the transactions contemplated hereby and any such prior offers or agreements are null and void. 1 pM EUT dotiokaopveriged 12. If prior to closing,the Seller becomes aware of any situation which may cause any of the representations made by the Seller in this Agreement to become untrue,then the Seller shall promptly notify the Buyer in writing and then the Buyer shall have the option to continue with the closing,or terminate this Agreement rendering it null and void with the return of the deposited funds to the Buyer without recourse to either party. 13. This Agreement may be executed by fax or other electronic means and original ink signatures shall not be required. 14. In the event any apportionment/adjustment pursuant to Paragraph Sixteen(16) are,within ninety(90)days subsequent to the Closing, found to be erroneous,then either Parry hereto who is entitled to additional monies shall invoice(along with reasonably detailed backup data)the other Parry for such additional amounts as may be owing,and such amounts shall be paid,with good fiends,within ten(10)days from the date of the invoice. The provisions of this Paragraph shall survive delivery of the Deed hereunder for ninety(90) days. 15. SELLER shall execute the Deed personally. At the sole option of the BUYER, a Deed executed for the SELLER pursuant to a power of attorney shall not satisfy the title requirements of the Agreement. 16. The SELLER represents to BUYER that the purchase price herein is not sufficient to pay off all of the SELLER'S obligations that may affect the sale of the Premises including,but not limited to: mortgages, municipal charges, real estate broker's commissions,document stamp tax and other reasonable and customary expenses of the sale, and that the within transaction is a socalled "short-sale"subject to third party approval. 17. SELLER agrees that if any mechanic's or materialmen's liens with respect to work done on the Premises on SELLER'S behalf are recorded after the delivery of the Deed,SELLER will promptly cause such liens to be duly discharged of record. SELLER agrees to indemnify and hold BUYER harmless from and against any cost, loss,damage or expense, including reasonable attorneys' fees, if any, arising out of or relating to any such liens being placed on the Premises. The provisions of this Paragraph shall survive delivery of the Deed hereunder. 1$_ It is agreed that in the event of a title matter for which a title insurance company is willing to issue a so-called "clean" policy or provide"affirmative coverage" over a known defect or problem, BUYER may elect to accept same but shall not be required to do so,and shall have the right,at the option of their counsel, to deem title to the premises unacceptable or unmarketable and to terminate this Agreement. 19. Seller represents that any and all improvements and/or renovations completed or commenced have been completed pursuant to duly issued and approved permits and approvals where required. 20. Seller states,to the best of SELLER'S knowledge,to Buyer that(i)that there are no underground storage tanks of any kind(collectively, "Tanks")at the premises; (ii)that there have been no Tanks at the premises during SELLER'S ownership of the premises,or if any Tanks were present at the premises during SELLER'S ownership of the premises,all such Tanks were removed from the premises and disposed of in accordance with all applicable federal state and local statutes,regulations,codes,ordinances,by-laws, requirements,directives and like,and that,at the time of such removal and disposal, it was opinion of the appropriate officials of the Fire Department of the City or Town and a qualified environmental consultant who witnessed such removal that there was no evidence or indication that there had ever been a release of oil or hazardous materials, as those terms are defined in Chapter 21E,as amended,of the Massachusetts General Laws(a"Release")from any such Tank. 21. Seller represents that Seller has never generated, stored, or disposed of any toxic or hazardous substance"as defined in Massachusetts General Laws Chapter 21E and the Comprehensive Environmental Response Compensation and liability Act of 1980, as amended 42 U.S.C.Section 9601, et seq.,and regulations adopted pursuant to said Acts. The Seller 1A8 PM EOT An.Imnw.:R�rl WIRE FRAUD NOTICEIWARNING RIDER Incidents of wire fraud in residential real estate transactions are both real and very prevalent. Criminal hackers target buyers,sclleM realtors,lenders and attorneys involved in real estate transactions.The consequences can be devastating. The staff at Hornung&Scimone,P.C.is committed to helping protect parties to closing transactions from falling victim to wire fraud. Fraudulent a-mails typically direct people to wire funds to bank accounts that are actually awned by hackers. The emails may appear to be genuine and contain the senders'company contact information,fonts,logos,emails,ctc.They may reference personal information or details about the transaction and mimic the tone of past emails from the person they impersonate. Fraudulent entails typically appear to be from someone you are working with or a business involved with the transaction. Once a wire has been sent to a criminal hacker,it is extremely difficult or impossible to retrieve the money. We must all work together to prevent fraud before a wire is sent, **'MANY EMAIL TI4AT ASKS YOU TO WIRE MONEY IS POTENTIALLY FRAUl7ULENT.+ * ASSUME ALL ENIAILS ARE BEING MONITORED BY A HACKER If you receive an email instructing you to wire funds: • Be ore wiring funds,call our office at 508-651-1090 or the office of the recipient to verify the wire instructions verbally; • Do not rely on contact information in emailed instructions. Call us at 508-651-1090 or the office of the recipient directly,using a known and/or reliable number; ■ Never send sensitive personal data via unsecured email—this includes bank account numbers,credit card numbers and social security numbers, Always use a secure email,facsimile or telephone to relay sensitive data;and • Our firm's wiring instructions will be into our Hornung&Scimone,P.C. IOLTA Account. If you receive instructions with any variation to this account name,STOP and call our office immediately. Likewise,our office will use secure methods to verify wire instructions for sale proceeds. If you area Seller,you can hand-deliver the instructions at closing or use another secure method of delivery. We do not accept wiring instructions via email or fax and require original signed wiring instructions. Hornung&Scimone,P.C.reserves the right to have the sale proceeds delivered via check from our conveyancing account,if we,in our sole discretion. Do not hesitate to callus or arty known party to this transaction if you have anp question or concern about an email yom receive in connection with your pending closing. The undersigned acknowledge that we have received and read this Rider: f-7"' zae- dodo-�ppv T4R 06/18120 i:a8 GEVE9h7MrgfeHB-vYWOC C� ��� BUYER: Date SELLER: Date BI]YER: Date SELLER: Date tlotlo iopyllerifletl