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.73.z 740-
327-190-OOB 48 CAMP STREET CID-HOGAN, ROSE HY 0219 32719
327-190-OOC 48 CAMP'STREET Cj.D-HOGAN, ROSE HY 0219 32719
327-190-OOD 48 CAMP STREET CID-HOGAN, ROSE HY 0219 32719
327-190-OOE 48 CAMP STREET A'WOMANS CONCERN INC HY 0219 32719
327-190-OOF 48 CAMP STREET A WOMANS'CONCERN INC HY 0219 32719
19
9
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9
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Map Page I of I
Town of Barnstable Geographic Information System
Parcel Viewer]F—custom Map Abutters Map Size zoom Out I 11in
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#35 Current 0"
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327185 1k tBuildings
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Set Scale _!!�otcis_ -MAP DISCLAIMER
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BarnstableMA v1.2.3685 [Production]
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• Sender: Please print your name, address, and ZIP+4®in this box*
Public Health Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
' I
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Certified Mai14 7014 1200 0001 0358 1229
VE Town of Barnstable
o�
Regulatory Services
BARNSPABLF4
9 ' .
KASS. Richard Scali, Director
`b 1e79. .m
A Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July 1 h
2015
Seagull Research Fundat ion Realty Trust A,VaIVL
PO Box 216
Hyannisport, MA 02672
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE CODE CHAPTER 170.
The property owned by you located at 48 Camp Street Unit#4, was inspected
on July 14, 2015 by Timothy O'Connell, R.S., Health Inspector for the Town of
Barnstable. This inspection was conducted on the basis of Chapter 170 of the Town of
Barnstable.
The following violations of the State Sanitary Code were observed:
105 CMR 410.450—Means of Egress. Observed bedroom within unit without proper
second means of egress in bedroom as required by 780 CMR 3603.10.4.1of the Mass
State Building Code. Observed tread depth on second to last step on stairs at 7"to 8"
when Mass State Building Code (780 CMR 3603,13.2) states it must be 9".
You are directed to correct the violations listed above within five (5) days
of your receipt of this notice by pulling necessary building permits; by creating
second means of egress in bedroom in accordance with Mass State Building Code;
by fixing or replacing stair tread as mentioned above.
*Note: Bedroom is not to be used for sleeping until second means of egress (window)
is installed.
QAOrder letterMousing violations\Rental ordinance\48 Camp st unit 4 7-14-15.doc
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town
Health Division and ask to speak with the inspector who performed the inspection.
PER ORDER OF E BOARD OF HEALTH
Thomas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Ernest Cash, Occupant
I
Q:\Order letters\Housing violations\Rental ordinance\48 Camp st unit 4 7-14-15.doc
T
t
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's,Office, 1 st Fi., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is
required by law.
k DATE: 2' Fill in please: ,
APPLICANT'S YOUR NAME/S: r l a h M0 yj f A✓I C Z "
_BUSINESS YOUR HOME ADDRESS: C d!- Lc✓i t I r4vi✓C A'I_ Z 1
RV
r +' TELEPHONE # Home Telephone Number y0 i) — u
NAME OF:CORPORATION
TYPE`OF BUSINESS A�� �7 C I "ANi.��
NAME OF NEW BUSINESS `i S �r u CA > C'I v�;r� C vs�! c t a, es,�e f;,`{r yy
IS THIS A HOME OCCUPATION? YES NO
ADDRESS'OF BUSINESS - C� S �` �t✓►� i I �Ali S MAP/PARCEL NUMBER ,? P `/0--r?C A (Assessing)
8 Lbe�
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COZt']4'
R'S OF rE. MUST COMPLY WITH HOME OCCUPATION
This indivi in r e o an er it r quirements that pertain to this type of business. RULES AND REGULATIONS. FAILURE.TO
on gnatur COMPLY MAY RESULT IN FINES.
C MMEN
J L U ,, _. 6 tC a (�
2. BOARD OF HEALTH
This individual has been inform d
,%Ihp p r it requir menu that pertain to this type of business.
Authorized Sig ture** MUST"OMPLY WITH ALL
COMMENTS: FERIAES E
3. CONSUMER AFFAIRS(LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
Date: 1 / -3 / Z
TOWN OF BARNSTABLE
TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTORY p
NAME OF BUSINESS: A+J superook CAAwr �a 40 d°n
BUSINESS LOCATION: qK GA-Y✓I Elvin 11AVA441S X1 02162) INVENTORY
MAILING ADDRESS: �9 CAW 11. Uell b it L+JAA 4iS M4 01601 TOTAL AMOUNT:
TELEPHONE NUMBER: S09 - 360 5 .390 Less 7—AAi►
CONTACT PERSON: r,an oti T}1N-E-z- 0 ►I JA410fj
EMERGENCY CONTACT"TELEPHONE NUMBER: �d _ S3 O MSDS ON SITE?
TYPE OF BUSINESS: _Ct�QC T r l C,4vi i n j
INFORMATION/RECOMMENDATION Fire District:
Waste Transportation: Last shipment of hazardous waste:
Name of Hauler: Destination:
Waste Product: Licensed? Yes No
NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous material use,
storage and disposal of 111 gallons or more a month requires a license from the Public Health Division.
LIST OF TOXIC AND HAZARDOUS MATERIALS
The board of health and the Public Health Division have determined that the following products exhibit toxic or
hazardous characteristics and must be registered regardless of volume.
Observed / Maximum Observed / Maximum
Antifreeze (for gasoline or coolant systems) Miscellaneous Corrosive
❑ NEW ❑ USED Cesspool cleaners
Automatic transmission fluid Disinfectants
Engine and radiator flushes Road salts (Halite)
Hydraulic fluid (including brake fluid) Refrigerants
Motor Oils Pesticides
❑ NEW ❑ USED (insecticides, herbicides, rodenticides)
Gasoline, Jet fuel,Aviation gas
Photochemicals (Fixers)
Diesel Fuel, kerosene, #2 heating oil ❑ NEW ❑ USED
Miscellaneous petroleum products: grease,
Photochemicals (Developer)
lubricants, gear oil ❑ NEW ❑ USED
Degreasers for engines and metal Printing ink
Degreasers for driveways&garages Wood preservatives (creosote)
Caulk/Grout Swimming pool chlorine
Battery acid (electrolyte)/Batteries Lye or caustic soda
Rustproofers Miscellaneous Combustible
Car wash detergents Leather dyes
Car waxes and polishes Fertilizers
Asphalt& roofing tar PCB's
Paints, varnishes, stains, dyes Other chlorinated hydrocarbons,
Lacquer thinners (including carbon tetrachloride)
❑ NEW ❑ USED Any other products with "poison"labels
(including chloroform, formaldehyde,
- _ Paint&-varnish-removers, deglossers— ---hydrochloric acid,-other-acids)-
Miscellaneous. Flammables Other products not listed which you feel
Floor&furniture strippers may be toxic or hazardous (please list):
Metal polishes
Laundry soil &stain removers
(including bleach)
gss Spot removers &cleaning fluids
16I1 (dry cleaners)
Other cleaning solvents
Bug and tar removers
Windshield wash
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PS Form 3800,August 2006(Reverse)PSN 7530-02-000.9047
V
Town of Barnstable Barnstable
Regulatory Services AHmaicaCily
BARNSTABM
MA Thomas F. Geiler, Director
Public Health Division 2007 m
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: .508-796-6304
November 23, 2010
Ms. Rose Cid-Hogan
66 Sou'West Drive
Dennis, MA 02638
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY
CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51.
The Town of Barnstable Health Department is in receipt of a complaint by a tenant in
Unit 2 for lack of heat. On November 15th , 2010, Donna Miorandi, R.S. Health
Inspector, for the Town of Barnstable and Robin Anderson, Zoning Enforcement Officer
visited the property to investigate. We observed one boiler for a gas/steam heating
system serving four units and one water heater for the same four units. We also observed
one working smoke detector but no carbon monoxide detector in the basement. All rental
units must have working.smoke and carbon monoxide detectors.
The following violations of the State Sanitary Code were observed:
105 CMR 410.354(A): Metering of Electricity, Gas and Water
The owner shall provide the electricity and gas in each dwelling unit unless (1) Such gas
or electricity is metered through a meter which serves only the dwelling unit, except as
allowed by 105 CMR 410.254 (B); and (2) The rental agreement provides for payment by
the occupant.
The following violation(s) of the Town of Barnstable Code were observed:
§170-4- Certificate of Registration ,
Rental property is not registered with Barnstable Health Department for 2010.
f �-
Y
You are directed to correct the State Sanitary Code violations listed above within
thirty (30) days of your receipt of this notice. There are two options to correct the
metering violation.
1.) Provide the gas used in the dwelling unit occupied by tenant
or
2.) Change plumbing such that gas, metered through tenant's meter, serves
only the dwelling unit or other area under the exclusive use of the tenant.
You are directed to correct the Town of Barnstable Code violations listed above
within fourteen (14) days of your receipt of this notice by registering said rental
property.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten(10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town of
Barnstable Health Division at 508-862-4644.
PER ORDER OF T BOARD OF HEALTH
omas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Rose Cid-Hogan
48 Camp Street , Unit 1
Hyannis, MA 02601
Mr. Hide.Salcedo
48 Camp Street
Hyannis, MA 02601
Fidelity Mortgage, Inc.
1000 Woodbury Road
P.O. Box 9009, Ste 300
Woodbury,NY 11797
Attn: Documentation Control Dept., 3' floor
Loan# 0102019320
Trustees of the 48 Camp Street Condominium Trust
i Marcus, Errico, Emmer&Brooks, P.C.
Erik Shaughnessy, Attorney
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
CERTIFIED MAIL: 7.008 3230 0002 5178 1162
Message Page 1 of 1
Miorandi, Donna
From: Anderson, Robin
Sent: Wednesday, November 24, 2010 9:48 AM
To: Miorandi, Donna
Donna,
The owner of unit 4 is Maria Mainini
Her address is as follows:
123 Manet Ave
Quincy, Ma 02169
Phone 508-942-1149
Lock box 0630
maininimaria@hotmail.com
Robin C Anderson
Zoning Enforcement Officer
7'own of Barnstable
200 Main Street
Hyannis, NA 026o1
.5o8-862-4027
11/24/2010
Barnstable Assessing Search Results Page 1 of 2
Home Departments:Assessors ivisicn:Property Assessment Search Results
New Search
xx>y; New Interactive
Y S.
Maps >>
Owner: 2010 Assessed Values:
MAININI,MARIA
%CID-HOGAN,ROSE
48 CAMP STREET 2010 Appraised Value 2010 Assessed Value Past Comparisons
Map/ParcellParcel Extension Building Value: $141,300 $141,300 Year Total Assessed Value
327/190/OOD Extra Features: $0 $0 2009-$145,200
Outbuildings: $0 $0 2008-$145,200
Mailing Address Land Value: $0 $0 2007-$145,200
MAININI,MARIA 2006-$96,800
%CID-HOGAN,ROSE 2010 Totals $141,300 $141,300
10 HIGHPOINT CIRCLE,#607
QUINCY,MA.02169
2010 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation)
Community Preservation Act Tax $29.12 Fire District Rates Town Residential
q Barnstable FD-All Classes$2.43 $7.77
C.O.M.M.-All Classes $1.26 Town Commercial
Hyannis FD Tax(Commercial) $406.94 Cotuit FD-All Classes $1.56 $6.87
Hyannis-Residential $1.82
Town Tax(Commercial) 970.73 Hyannis-Commercial $2.88
W Barnstable-All Classes $2.28
Community Preservation Act 3%of Town Tax
Total: $1,406.79
Construction Details
Building Property Sketch & ASBUILT Cards
Building value $141,300 Interior Floors Typical
Property Sketgh L.egynd
Style Condominium Interior Walls Drywall FLIS[1.42
Model Cam Condo Heat Fuel Gas
_.
Grade Average Heat Type Typical
Stories 1 Story AC Type None
Exterior Walls Wood Shingle Bedrooms 1 Bedroom
Roof Structure Gable/Hip Bathrooms 0 Full
Roof Cover Asph/F GIs/Cmp Living Area sq/ft 942
Replacement Cost $220,319 Year Built 1820
Depreciation 32 Total Rooms 2 Rooms
Land Gross Areasq/ft 942
CODE 3430
AsBuilt Card N/A
Lot Size(Acres) 0
Appraised Value $0
,"View Interactive Maps >>
Assessed Value $0
L
Sales History:
Owner: Sale Date Book/Page: Sale Price:
CID-HOGAN,ROSE Feb 27 200912:00AM 23483/63 $1
HOGAN,JOHN F Oct 15 2004 12:00AM 19139/019 $103,900
GRIFFIN,DANIEL M JR TR& Oct 15199512:00AM 9681/248 $135,000
BRACKETT,THOMAS A&RALPH Aug 15 1993 12:OOAM 8722/263 $95,000
http://wWw.town.bamstable.ma.us/assessing/2010/displayparcel... 11/24/2010
Barnstable Assessing Search Results Page 2 of 2
FDIC Aug 15 1993 12:OOAM 8722/250 $100
EIGHT MILES HILDINGS INC Jul 15 1991 12:OOAM 7615/119 $275,000
Extra Building Features
Code Description Units/SQ ft Appraised Value Assessed Value
Property Sketch Legend
BAS First Floor,Living Area FST. Utility Area(Finished Interior) UAT Attic Area(Unfinished)
BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) U HS Half Story(Unfinished)
CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished)
FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished)
FCP Carport GRN Greenhouse UUA Unfinished Utility Attic
FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished)
FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck
FOP Open or Screened in Porch TQS Three Quarters Story(Finished)
http://www.town.bamst-alu-1e.ma.us/assessing/20 I 0/displayparcel... 11/24/2010
` Barnstable
Town of Barnstable��FTNE Tp�
ti
Board of Health ;'e'caC j
» BAMSrnsLE,
y M� �,* 200 Main Street,Hyannis MA 02601
1639. ��
AlE�MAC a 2007
OFFICE: 508-862-4644 Wayne Miller,M.D.
FAX: 508-790-6304 Junichi Sawayanagi,
Paul Canniff,D.M.D.
BOARD OF HEALTH MEETING AGENDA
Tuesday, November 23, 2010 at 3:00 PM
Town Hall, Hearing Room
367 Main Street, Hyannis, MA
I. Hearing — Underground Storage Tanks:
Peter Doyle and Dale Saad, Water Pollution Control Division, Town of
Barnstable, owner— 382 Falmouth Road (a.k.a. 617 Bearse's Way),
Hyannis, Map/Parcel 293-001, requesting a second extension on the
0111.
replacement deadline of two tanks.
Hearing:
° Joseph & Inessa Katsman, owner—45 Straightway, Hyannis, second
septic system inspection completed.
Hearing: Show- Cause for Stable Permit:
Sally Burke, owner of Sea Flash Farm — 2346 Meetinghouse Way,West
Barnstable, 14 horses, violations of Chapter 376-8 and 376-9.
IV. Innovation/Alternative System (Cont.):
Winston Steadman, All Cape Environmental represents Brian Smith,
owner— Fancy's Market, 699 Main Street, Osterville, Map/Parcel 141-
011, with Monitoring Plan for Sludgehammer System, requests
revisions to Board of Health approval letter to change to General Use.
V. Variance — Septic (New):
a A. Michael Pimentel, JC-Engineering, representing Village Square South
Condominium Association, owners — 39 Tower Hill Road, Osterville,
Map/Parcel 117 — 072-A, requesting three variances.
B. Robert Dunphy, Dublin Companies, representing Shawn & Robert
Harris, owners - 141 Old Stage Road, Centerville, Map/Parcel
189-086-0027 0.23 acre parcel, one septic variance, demolition/new
construction.
C. Peter Sullivan, Sullivan Engineering, representing Rhea Clark,
Trustee, Marcia & Frederick Floyd Trust, owner— 29 Irving Avenue,
Hyannis, Map/Parcel 286-005, 5,301 square foot parcel, requesting
multiple septic variances.
Page 1 of 2 BOH 11/23/10
r;
D. Catherine Gulliver, owner— 254 Greenwood Avenue, Hyannis,
Map/Parcel 288-178, 0.33 acre lot, septic system installed in 2005,
homeowner requests additional time to connect to future sewer line.
VI. Variance — Food (New):
Julie Kimball, owner, Katie's Ice Cream, Too — New location at Cape
Cod Mall, 769 lyannough Road, Hyannis, (formerly: Brigham's), toilet
facility variance.
VII. Discussion:
William Weller, Weller & Associates, representing Centerville Assoc. Inc.
owners of Holly Hills Apartments - 1815 Falmouth Road, Centerville,
Map/Parcel 189-055, Section 360-37, determination of applicability.
VIM. Old / New Business:
A. Dumpster screening regulation.
Page 2 of 2 BOH 11/23/10
Health Master Detail Page 1 of 1
nu-
IF' JOW
Logged In As: HealthMaster Detail Monday, November
TOWN\miorandd 222010
Application Center Parcel Lookup Selection Items
Parcel Septic Perc Well Fuel Tank F
Parcel: 327-190-OOA Location: 48 CAMP STREET, HYANNIS Owner: CID-HOGAN, ROSE
Business name: .... _. Business phone:
Rental property: C Deed restricted: r7 Number of bedrooms : o
Contaminant Fuel storage tank
released: r permit: r
Save Parcel Changes Return to Lookup
Parcel Info Parcel ID: 327-190-OOA Condo unit: UNIT 1
Condo complex: 48 CAMP ST Building: BLD A
PROF
Location:48CAMP Primary frontage:
STREET
Secondary road: Secondary frontage:
Village: HYANNIS Fire district: HYANNIS
Sewer acct: 2324 Road index: 0219
Interactive map: ° j
WP (Wellhead.
Town zone of contribution: Protection Overlay State zone of contribution: IN
District)
Owner Info Owner: CID-H_OGAN, Co-Owner:
ROSE
Streetl: 66 SOU WEST Street2:
DRIVE
City: DENNIS State: MA Zip: 02638-
2403 Country:
Deed date: 02/27/2009 Deed reference: 23483/63
0 Use: OFF MS Neighborhood:
Land Info Acres: CONDO MDL- . Zoning. 0003
06
Topography: Road:
Utilities: Location:
Construction Info Building NoYear Buii Gross Area Living Area Bedrooms Bathrooms
1 1820 1463 1463 1 Bedroom0 Full
Buildings value: o217,100.00 Extra features: xO.00 Land value: A0.00
http://issgl2/intranet/healthMaster/HealthMasterDetail.aspx?ID... 11/22/2010
Citizen Web Request Page 1 of 2
a�
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a..
Citizen Request Management
Request ID: 32840 Created: 11/12/2010 4:13:47 PM
Status: Assigned To Staff Assigned To: Miorandi, Donna
Health Office
Anonymous: No Category: Chapter II : Housing
Substandard
E.C. Date: 11/29/2010
f ry Created By: Parvin, Lindsay Citations:
Health Office
Time Worked: 10.00 Response Time: 8.00
___..__._...__—.................._
Request Location:
48 CAMP STREET
2
Hyannis, Ma 02601
Parcel Number: Map: 327 Block: 190 Lot: 00B
Request:
Requestor reports not having any heat in his unit. Requestor has one month old child.
Requestor has notified landlord but no action has been taken.
Request Work History:
Entered on 11/19/2010 10:55:00 AM
Last modified on 11/19/2010 10:56:00 AM
On Monday morning, Nov. 15th, after not hearing from tenant regarding no heat problem
Robin anderson and DZM went to 48 Camp St., Hyannis.Tenant, Hide Salcedo was there and
stated that the emergency shut off for furnace was shut off and he had it turned back on by
brother-in-law. Met landlord (Rose Cid-Hogan) son who is Chris Hogan. He resides in unit 1 and
tenants are in Unit 2:The Hogan's lost unit 4 at auction and now new owners and unit is
padlocked. Unit 3 is still currently owned by Hogan. However, it has an impending foreclosure on
Unit 1 &3 (?). All four units have the same boiler and one thermostat control the heat for all four
units.The electric meter is allegedly one for units 1-5. Unit 5 is the Neuben Electrolysis
commercial business. Landlord's son states electrolysis business is using most of the electricity. If
owned separately they should be metered separately. Chris Hogan states that NSTAR stated it
would cost 20,000 to separate the meters and I'm sure more money to do the same for the heat
(gas). On Wednesday, Nov. 17th,the landlord padlocked the bulkhead limiting access to the
basement for boiler and water heater. There is a working smoke detector down there but no c/o
detector. On Thursday Robin Anderson and Donna Miorandi went again to the dwelling and met
ipR /Ill with Chris Hogan and a plumber/heater contractor from Jack O'Connor Plumbing and Heating of
Sandwich (508-833-1424). the intent was to make it safe and operable. We requested from Chris
Hogan a copy of the invoice from Jack O'Connor. As of Friday, 11/19/2010 we have no such copy.
I have called Chris Hogan for it and have left a message with the plumbing/heating contractor that
we would like a copy of the invoice confirming that it was completed and indeed safe and
operating. We still have long term problems to correct such as co-mingling. I have been in contact
with Mr. Erik Shaughnessy, atty for the condo association, at 1-781-843-5000 regarding heating
problems. I shall have to contact him again regarding the co-mingling problem. Erik
http://issql/intemalwrs/WRequestPrintPub.aspx?ID=32840 11/19/2010
Citizen Web Request Page 2 of 2
q (w
Shaughnessy's office address is 45 Braintree.Hill Office Park, Braintree, MA 02184
I
http://issql/intemalwrs/WRequestPrintPub.aspx?ID=32840 11/19/2010
'i
r
Citizen Web Request Page 1 of 3
i J
4,yy 'i�TeYr ,
Wednesday,
4NL n As: Citi Nover�nber 17 2010
ioranddManagerneni
Route to Users Search Requests Create Requests
Request Information
t Request ID: 32840 Created: 11/12/2010 4:13:47 PM
Status: Assigned To Staff Assigned To: Miorandi, Donna
Health Office
Anonymous: No _ 1 Request Category:
Chapter II : Housing
Substandard edit
Routine work: No Estimate: No edit
Date scheduled: edit
Estimated 11/29/2010 Change Estimated Oct November 2010 Dec
Completion Completion Date: —
Date: Sun Mon Tue Wed Thu Fri Sat
® 31 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 1 2 3 4
5 6 7 8 9 10 11
Created By: Parvin, Lindsay Priority:
Health Office Medium edit
Citation Numbers: edit
Requestor Information
32840 11/17/2010
Citizen Web Request Page 2 of 3
Request Parcel Number
Requestor reports not having any Map: 327 Block: 190 Lot: 006
heat in his unit. Requestor has one
month old child. Requestor has Parcel Lookup
notified landlord but no action has
been taken.
Email:
Edit Requestor Information
Track Request Progress
Request Work History: Internal Note History:
System entry on 11/12/2010 4:13:47 PM:
Assigned to Miorandi, Donna
Enter work progress: Enter internal note:
(Viewed by everybody) (Viewed internally only)
Spell Check Spe1lCheck
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* You can also type in a folder name to see everything in the folder
Current Links:
Time worked on request: 0 Response time: 0
* Time entries are in hours. Examples of time entries: 1.25, 0.5,
0.75, 1, 3.5, 0.25, 0.10
* Response time: Measured from the creation date to your first
actions on the request.
http://issql/intemalwrs/WRequest.aspx?ID=32840 11/17/2010
Citizen Web Request Page 3 of 3
* Do not include nights, weekends, and holidays in response time
for most departments.
'• Save changes Check to notify town
employee below to review
c. Save changes and notify this request.
citizen* Health Office ,
Close request Crocker, Sharon
c: Close request and notify Brief message to reviewer:
citizen*
*notify works if email address
was given Spell Check
� Update��,
Public Use: Printer Friendly Version
Internal Use: Printer Friendly Version
http://issql/intemalwrs/WRequest.aspx?ID=32840 11/17/2010
.. ���
G
r
Lawyer Print Page 1 of 1
Erik Shaughnessy
Attorney at Law in: MASSACHUSETTS
Languages: English
Practice Area
Offices Fax:
Braintree Hill Office Park, Braintree, MA 02184 Phone: 781-843-5000,
Fax:
Territory Of MASSACHUSETTS
Practice Norfolk: Braintree
Professional
Organizations
Education
Free initial consultation: Please call to inquire within
Fees Hourly Rates: Please call to inquire within
Fixed-Price Services: Please call to inquire within
http://lawyers.legalhelpmate.com/MA-Lawyer-Erik-Shaughness... 11/19/2010
CRAIGVILLE REALTY INC. II II I U.SPAIDSTAGE
P.O.BOX 216 II WEST HY 12672 OR.Mt
II I, I 02672
648 CRAIGVILLE BEACH ROAD JUL Z 1. In
UNITEDSTATES IIII III I I�I II�II AMOUNT
�. WEST HYANNISPORT,MASS.02672
s nornLEavrcE I`
(508)775-3174 7006 0810 0006 1993 8352 6.g6
00095190-01
Town.of Barnstable
Public Health Division
Mr.Thomas McKean
200 Main Street
Hyannis,MA 02601
c;- MOM
LB REALTORRO r r. 1 j lfill
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIGVILLE BEACH ROAD
WEST HYANNISPORT, MA 02672
TEL: (508) 775 3174 FAX: (508) 7715336
EMAIL: Martin: martinclayC&comcast.net
21 July 2015
TO: Thomas McKean
Public Health Division
Town of Barnstable
RE: Unit 4
48 Camp Street
` Hyannis, MA 02601
I
Dear Director McKean:
I acknowledge receipt of the letter from your office dated July 15, 2015, which
orders me to install an egress in the westernmost room of Unit No. 4. Inasmuch as
this condominium unit is subject to the rules and regulations of the Homeowners
Association,,I, as a private owner, am unable to correct this defect without approval
from that association because such egress would alter the exterior appearance of the
building. I am in the process of securing that approval, but am unable to comply
with the edict of the Town within the FIVE (5) day notice specified. I halve
addressed the Homeowners Association with a desperate plea for an emergency
meeting in order to consider my dilemma, but appeal to your Department for' a
delay of THIRTY (30) days in order to secure that approval and proceed with
remedial action.
In the meantime, I have directed the occupant to move his sleeping quarters to the
front room and offered to excuse him from any further responsibility under his
lease in the event he prefers to terminate occupancy. He is a client of the Barnstable
Housing Authority and they have been notified of our circumstances.
I am able to address the "...tread depth on second to last step on stairs..."
immediately.
Cordia
Martin C. Traywic ustee
CC: First Property Management for Camp Street Condominiums
Certified Mail#7014 1200 0001 0358 1229
IKEr, Town of Barnstable
Regulatory Services
AARNSPAHLE,
MAC' Richard Scali, Director
ATfDMAtA Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July.15, 2015
Seagull Research Fundation Realty Trust
PO Box 216
Hyannisport, MA 02672
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE CODE CHAPTER 170.
The property owned by you located at 48 Camp Street Unit A, was inspected
on July 14, 2015 by Timothy O'Connell, R.S., Health Inspector for the Town of
Barnstable. This inspection was conducted on the basis of Chapter 170 of the Town of
Barnstable.
The following violations of the State Sanitary Code were observed:
105 CMR 410.450—Means of Egress. Observed bedroom within unit without proper
second means of egress in bedroom as required by.780 CMR 3603.10.4.1of the Mass
State Building Code. Observed tread depth on second to last step on stairs at 7"to 8"
when Mass State Building Code (78.0 CMR 3603.13.2) states..it must be 9". �
You are directed to correct the violations listed above within five (5) days
of your receipt of this notice by pulling necessary building permits; by creating
second means of egress in bedroom in accordance with Mass State Building Code;
by fixing or replacing stair tread as mentioned above.
*Note: Bedroom is not to be used for sleeping until second means of egress (window)
is installed.
QAOrder letters\Housing violations\Rental ordinance\48 Camp st unit 4 7-14-15.doc
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town
Health Division and ask to speak with the inspector who performed the inspection.
PER ORDER OF E BOARD OF HEALTH
Tho as A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Ernest Cash, Occupant
QAOrder Ietters\Housing violations\Rental ordinance\48 Camp st unit 4 7-14-15.doc
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIGVILLE BEACH ROAD
WEST HYANNISPORT, MA 02672
TEL: (508) 775 3174 FAX: (508) 7715336
EMAIL: Martin: martinclav(&comcast.net
21 July 2015
TO: Ernest Cash
FROM: Martin C. Traywick, Trustee
RE: Unit 4
48 Camp Street
Hyannis,MA 02601
Dear Mr. Cash:
The Board of Health for the Town of Barnstable has condemned the back room of
Unit No. 4 until a code sized egress can be installed. Inasmuch as this unit is subject
to the rules and regulations of the Homeowners Association, I, as a private owner,
am unable to correct this defect without approval from that association becausie
such egress would alter the exterior appearance of the building. I am in the process
of securing that approval, but am unable to comply with the edict of the Town until
the HOA grants approval for me to proceed.
As a result,you are to
IMMEDIATELY CEASE AND DESIST USING THAT BACK ROOM AS A
BEDROOM.
You will be required to move your sleeping quarters to.the front room which has
direct access to the front door.
If this imposition is unacceptable, I urge you to contact me immediately in order for
us to arrange,for your termination of occupancy.
Cordially,
Martin C. Traywick, Trustee
CC: Board of Health, Town of Barnstable
First Property Management for Camp Street Condominiums
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIGVILLE BEACH ROAD
WEST HYANNISPORT, MA 02672
TEL: (508) 775 3174 FAX: (508) 7715336
EMAIL: Martin: martinclay(i�comcast.net
21 July 2015
TO: First Property Management
ATTN: Andrew Witter
RE: Unit 4
48 Camp Street
Hyannis,MA 02601
Dear Mr. Witter:
I ask that you review the requirement in the attached letter from the Town of
Barnstable which orders me to install another egress in the rear room of Unit 4, 48
Camp Street. I am well aware that I need approval from the HOA in order to
proceed with corrective action and appeal to you for that approval. The Town has
given me FIVE (5) days to remediate; however, I have appealed to them for an
extension.
That egress will be a window measuring 24" X 20" and will be commensurate in
appearance with the other windows in the building.
Cordially,
Martin C. Traywick, Trustee
CC: Town of Barnstable Board of Health
07/20/2015 23:19 508-771-5336 CRAIGVILLE REALTY CO PAGE 01/05
SEAGULL, RESEARCH FOUNDATION RF_AL,TY TRUST
P.O. BOX 216
648 CRAWI LLE BEACH ROAD
WEST HYANNISPORT. MA 02672
TEU (508) 776 3174 FAX: (508) 7715336
>EZ MT.,: Martin: martinclay9mmeast.net
21 duly 2015
TO: Thomas M.Cl el."n
Public Health Division
Town of Barnstable
RE: Unit 4
48 Camp Streee
Hyannis,MA 02601
Dear.Director McKean:
I acknowledge receppt of the later from your office dated July 15, 2015, which
orders me to install an egrress in the westernmost room of Unit No. 4. Inasmuch �s
this condominium unit is subject to the rules and regulations of the Hoincowne�s
Association,I, as a private owner, am unable to correct this defect without approval
from that association because such egress would alter the exterior appearance of the
building. .I. am in the process of securing that approval, but am unable to coni0y
with the edict of tlhe Town within the FIVE (5) day notice specified. I halve
addressed the Homeowners Association with a desperate plea for an emergency
meeting in order to consider my dilemma, but appeal to your Department for, a
delay of THIRTY 430) days in order to secure that approval and proceed wl,th
remedial action.
In the meantime, 111ave directed the occupant to trove his:sleeping quarters to the
front room and offered to, excuse him from any further responsibility under his
lease in the event he prefers to terminate occupancy. He is a client of the Barnstable
Housing Authority Amd they have been notified of our circumstances.
I am able to address tlne "...tread depth on second to last step on stairs..."
immediately.
Co
Martin C.Traywic]:4T ustee
CC: First Property Management for Camp Street Condominiums
r
I
07/20/2015 23:19 508-771-5336 CRAIGVILLE REALTY CO PAGE 02/05
t
Certified Mail#70.14 1200 000t 03581229
Town of Barnstable
nreeNsres�, Regulatory Services
m �
M�a Richard Scali,Director
]Public Health Division
Thomas McKean,Director
200 Main Street, 14yannis,MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July.15, 2015
Seagull Research FuncLation kealty Trust
PO Box 216
14yannisport, MA 0267.2
NOTICE TO.ABATE, VIOLATIONS OF 105 CMR 410.000,._STATE SANITAI V
CODE It—MININIIUJA ST tNDARDS OF .FITNESS FOR HUMAN HABITATION
AND TIRE, TOWN OF BARNSTABLE CODE CHAPTER'1.70.
The property owned by you located at 48 Camp Street Unit#4,was inspected
on July 14, 2015 by Tk.iothy O'Connell,R.S.,Health Inspector for the Town of
Batmstable, This inspection was conducted on the basis of Chapter 170 of the Town.of
Barnstable.
The foll.owi.n.g violations of the State Sanitary Code were observed:
105CMR 410.450—1!'l:eans of Egress. Observed bedroom within unit without proper
second means of egress in bedroom as required by.780 CMR 3603.10,4.1of the Mass
State Building Code. Observed.tread depth on second to last step on stairs at 7"to 8"
when Mass State.Build:.ng Code (780 CMR 3603,13.2)states it must be 911.
You are directed to correct the violations ligtcd above within five(5) days
of your receipt of this notice.by pulling necessary building permits; by creating
second means of,egress iln bedroom in accordance with Mass State Building Code;
by .fixing or replacing stair ihread as mentioned above.
*Note: Bedrooms is not to be used for sleeping until second means of egress(window)
is installed.
Q;Order Iettens Plowing vioiationI."RCntfll ordinflnccl49 trump st unit 4 744-15.doc
07/20/2015 23:19 508-771-5336 CRAIGVILLE REALTY CO PAGE 03/05
You may request a.hearing before the Board of Health if written.petition requesting same
is received within texi (10) days after the date the order is served.
Non-compliance will insult in a fiu.e of $100.00 per violation. Each day's failure to
comply with an order skull co:astitate a separate violation.
Should you b.ave any questions regarding the above violations, please contact the Town
Health Division and ask.to speak with the inspector who perfon-ned the inspection.
PER ORDER OF . 11r,T30t�RD OF HEALTH
T o s A. McKean, R.S. CHO
Director of Public Real%h
Town of Barnsta.bie
Cc: Ernest Cash, Occu..iant
i
Q;'%Order IetMrslHousing vialneiutl:clRenCnl urdinnnee148 Camp at uni4 4 7.14-15.dac
07/20/2015 23:19 508-771-5336 CRAIGUILLE REALTY CO PAGE 04/05
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIGVILLE BEACH ROAD
WEST HYANNISPORT, MA 02672
TEI.: (5CO) 775 3174 FAX: (506) 7715336
EIVIAIIL,: Martin: martinclay@,comcash et
21 July 2015
TO: Ernest Cash
FROM. - Martin C. Traywick,Trustee .
RE: Unit 4
48 Camp Street
Hyannis,MA 0.0641
Dear Mr. Cash:
The Board of health for the Town of. Barnstable has condemned the back room of
Unit No. 4 until a code sized egress can be iustdiled. .T.nasmuch as this unit is subject
to the rules and regulations of the Homeowners .Association, 1, as a private owner,
am unable to correcl: this defect without approval from that association because
such egress would alter the exterior appearance of the building. I am in the process
of securing that approval, but am unable to comply with the edict of the Town until
the HOA grants approval for we to proceed.
As a result,you are to
IMMEDIATELY CEASE AND DESIST USING THAT BACK ROOM AS A
BEDROOM.
You will be required to move your sleeping quarters to the front room which has
direct access to the frat door.
If this imposition is unacceptable,I urge you to contact me immediately in order for
us to arrange,for your termination of occupancy.
Cordially,
Martin C.Traywick,Trustee
CC.: Board of Health, Town of Barnstable
First Property Management for Camp Street Condominiums
1
07/20/2015 23:19 508-771-5336 CRAIGVILLE REALTY CO PAGE 05/05
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIG1/1LLe BEACH ROAD
WEST HYANNiSPORT, MA 02672
TEL: (506)775 3174 FAX: (508) 7715336
EMAIL: Martin: martinclaygcomenst.net
21 July 201.5
TO: )First Property [Unnagemenit
ATTN: An.drew Wider
RE: Unit 4
48 Camp Street
Hyannis,MA,[Y.>:601
Dear Mir.Witter: '
1. ask that you review the: requirement in the attached letter from the Town of.
Barnstable which orders use to install another egress in the rear morn of Unit 4148
Camp Street. I am well :aware that I need approval from the HOA in order to
proceed with correctiive action and appeal to you for that approval. The Town has
given use FIVE (5) days to remediate; however, I have appealed to them .for an
extension.
That egress will be n win4low measuring 24" X 20" and will be commensurate in
appearance with the other windows in the buiiding.
Cordially,
Martin C. Travwick,Trustee
CC: Town of Barnstable Board of Health
03/25/2015 22:16 508-771-5336 * CRAIGVILLE REALTY COPAGE 01/01
ClU. I�r� v ILLS REALTY9 INC.AL
MARTIN C.TItAYWICK,PRESIDENT
TWO
WEST IJYANNISPORT,MA 02672
TEL: (508)775 3174 FAX.- (508)7715336
www.crag3jilebeach.comm�a tinclay(a comcaat.t�et
TO: TOWN OF BA.RNSTABLE
ATTN: T.O'CONNELL
RE: UNIT 4,48 CAMP STREET
Dear Mr. O'Connell:
Defects identified in your letter dated July 15,2015,have been corrected, and
premises are available for re-inspection. We are grateful for your patience with
regard to the extended)proew of obtaining the approval of the condo BOA,
obtaining a building permit and completing the re-visions.
Cordially,
artin C. Traywick,T.rustee
Seagull Research Foundation Realty Trust
07/30/2015 04:27 508-771-5336 CRAIGVIH E REALTY CO PAGE 01/03
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
648 CRAIGVILLE BEACH ROAD
WE%sT HYANNISPORT, MA 02672
TEL: (50,B) 775 3174 FAX: (508) 7715338
EMAIL: Martin: martinclavecomcast.net
31 July 2015
TO: Furst Property Management
ATTN.- Andrew Witter
RE: Unit 4
48 Camp Street
Hyannis,MA 02601
Dear Mr.Witter:
With regard to the previous communiques relative to a legal bedroom egress for
Unit 4, T. submit this photograph which shows the proposed location of the legal
egress. I have not half a request from the Board or your office for this further
clarification of corrective action, but submit in anticipation that it will be helpful in
securing approval from the)ROA.
I have been given a me dest extension inf the time required for this corrective action,
but do not want to try the patience of the Board of Health. I have a building permit
application prepared for submission to the building department, but have been
instructed that approiml from the HOA of instructions from your office .may be
necessary to proceed.
Please advise.
j rdial ,
Martin C. T Zywick rotei:
CC: Town of Barnstable Board of Hen
f /oilC/ d �t l�1 e'-
J
07/30/2015 04:27 508-771-5336 CRAIGVILLE REALTY CO PAGE 02/03
s
SEAGULL RESEARCH FOUNDATION REALTY TRUST
P.O. BOX 216
6443 CRAICVILLE BEACH ROAD
WEST HYANNISPORT, MA 02672
TEL: (508) 775 3174 FAX: (508) 7716336
EIIJATL: Martin: martinclaygeomeast.o
21 July 2015
TO: First Property Management
ATTIC : Andrew Wittr!r
RE: Unit 4
48 Camp Street
Hyannis,MA 02601
Dear Mr.Witter:
I ask that you review the requirement in the attached letter from the Town of
Barnstable which orders me to install another egress in the rear room of Unit 4, 48
Camp Street. I am tivell aware that .I. need approval from the HOA in order to
proceed with corrective a action and appeal to you for that approval. The Town has
given me FIVE (5) days to remediate; however, I have appealed to them for an
extension.
That egress will be a window measuring 24" X 20" and will be'commensaurate in
appearance with the other windows in the building.
Cordially,
Martin C. Traywkk, Trustee
CC: Town of Barnstable Hoard of Health
07/30/2015 04:27 50e-771-5336 CRAIGVILLE REALTY CO PAGE 03I03
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07/24/2015 00:41 508-771-5336 CRAIGVILLE REALTY CO PAGE 01/01
SEAGULL. RESEARCH FOUNDATION REALTY TRUST
P.Q. SOX 216
648 CRAIGVIL,LE BEACH ROAD 2
WEST HYANNISPORT, MA 02672
TEL: (508) 775 3174 FAX: (508)7715336
EMAIL: Martin: martinclaNkcomcast.net
21..1uly 2015
r
TO: Thomas McKean.
Public Health Division
Town of Barnstable
RE: Unit 4
48 CamP Street l 1
Hyannis,NU 02 601
Dear Director McKean:
I'm really stressing out over this deadline. I've delivered requests and photos to the
property management agency to obtain approval from the HQA as I was told that
was the process; however, 'I've not received approval. I have the building permit
application organized and ,an installer on tap, but I need that written approval in
hand or risk the ire of the other owners who have to abide by the same restrictions.
Cordially,
r
'11�I�C."I raywaclC,Trust6;e
CC: First Property Mnnag ent for Leet Condominiums
4,
Bk 23aO8 Ps 42 34425
06--1.6--200? ts'1 03 : 12P
QUITCLAIM DEED
I, JOHN F. HOGAN, JR, of 3206 Hillock Drive, Los Angeles, California
in consideration of a Corrected Judgment of Divorce Nisi, filed with the Barnstable
Probate & Family Court, being Docket No. 96D-0767-DV2 and dated April 18, 2008
nunc pro tunc to April 10, 2008
grant to ROSE CID-HOGAN, of 66 Sou West Drive, Dennis, Barnstable County,
Massachusetts
with quitclaim covenants
the land in DENNIS, in the County of Barnstable and Commonwealth of
Massachusetts, being bounded and described as follows:
SOUTHWESTERLY by Sou'West Drive, as shown on a plan
hereinafter mentioned, arc distances of 68.58 feet
and 10.00 feet respectively;
NORTHWESTERLY by a portion of Lot 17, as shown on said plan, 60
feet
NORTHWESTERLY by a portion of Lot 17, as shown on said plan,
145.84 feet;
NORTHERLY by a portion of land now or formerly of Roy D. Hall,
as shown on said plan, 50.00 feet;
4— EASTERLY by land of Green Ridge Inc., 125.62 feet; and
ZE EASTERLY by Lot 15, as shown on said plan, 184.33 feet.
mu
SOUTHEASTERLY .
Containing 23,726 square feet, more or less, and being shown as Lot 16 on a plan of
land entitled "Subdivision Plan of Land in DENNIS, MASS. Designed for GERALD P.
McCARTHY and CHARLES E. CHAMBERLAIN JR. Scale V = 60', March 10, 1977,
� George Low and Co., Two Turner Lane, South Yarmouth, Mass.", which plan has been
duly filed with Barnstable Registry of Deeds, in Plan Book 312, Page 43.
Said premises are conveyed subject to and with the benefit of the Voluntary Restrictions
dated March 15, 1977, recorded in the Barnstable County Registry of Deeds in Book
J
Bk 23808 Pg 43 #34425
2482, Page 15 and to the amendment dated November 3, 1977, duly recorded in said
Registry of Deeds in Book 2614, Page 069.
There is appurtenant to said Lot, a right of way over the ways shown on said plan, said
right of way to be exercised in common with all other legally entitled thereto.
Said premises are conveyed subject to and with the benefit of an Easement to the
Dennis Water District dated May 24, 1977, recorded in Book 2519, Page 215, and an
Easement to the New Bedford Gas & Edison Light Company et al, duly recorded in said
Registry of Deeds.
Said premises are conveyed subject to and with the benefit of all rights, reservations,
easements, rights of way, grants and other matters of record, if any there be, insofar as
the same may be in force and applicable. '
Being the same premises conveyed to this grantor by deed of Edn C. Tucker dated
July 14, 1983 and recorded in said Registry of Deeds in Book , age 046.
Executed as a sealed instrument this day of-WA ' , 20
o F. ogan
STATE OF CALIFORNIA
On this day of April, 2009 before me the undersigned notary public,
personally appeared John F. Hogan, proved to me through satisfactory evidence of
identification, which was a driver's license, to be the persons whose names are signed .
on the preceding document, and acknowledged to me that he signed it voluntarily for its
state purpose.
notary public
My commission expires:
Bk 23808 Pg 44 #34425
CALIF RNIA ALL•PURP SE ACKNOWLEDGMENT
State of California /J
County of Z l_ 4,A16`�641
On before me, :0� `�'`A4 G) � ��� y � L!
Date Here Insert Name end Title of the Officer
personally appeared
Name(s)of Signer(s)
JOHN J. MINOGItE
Commission# 1794334 who proved to me on the basis of satisfactory evidence to
'< Notary Public-California be the persoaW whose name( iGare subscribed to the
t03 Angeles County within instrument and acknowledged to me that
Mycomm.tPillmmor23,2012 t they executed the same it ti rtaer/their'authorized
capacity(w), and that b hi i;ei</ftr signatures) on the
instrument the person(Is), or the entity upon behalf of
which the person(-f) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a fficial seal
j6���
Place Notary Seal Above Signatur ignature of Notary Publi
OPTIONAL
Though the information below is not required by law,It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: a(/( rLL,+-1 Nf
Document Date: lq-glte'L- l Vt Zo t76? Number of Pages: 2�
Signer(s)Other Than Named Above: Q Q"7 61L-SC6tI&L-r
Capacity(ies)Claimed by Signer(s)
Signer's Name: /v Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer--Title(s):
❑ Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator. ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing! * Signer Is Representing:
02007 National Notary Association•9350 De:Sot k..-,O.,.9x 2402!Chatsworth,CA 91313-2402•www.NationalNotaryorg hem✓<5907 Reorder:Call Toll-Free 1.800.878-8827
BARNSTABLE REGISTRY OF DEEDS
Bk 23954 Pg 348 #46381
and other municipal assessments or charges, and(c)any first mortgage of record;
provided,however,that as to the first mortgage of record the Plaintiffs' lien is.prior
thereto to the extent of monthly common expense assessments which became due during
the six months prior to the institution of this action plus all attorneys' fees and collection
costs incurred by the Plaintiffs in the enforcement thereof.
PRAYER
WHEREFORE the Plaintiffs pray that this Honorable Court:
1. Find that the Defendant is indebted to the Plaintiffs for the amount of unpaid
common expenses, interest,late fees,attorneys' fees and collection costs as may be
found.
2. Declare that there is a lien upon the Unit in the amount of the debt as found.
3. Declare that the lien is entitled to the priority as provided for by law.
4. Order the sale of the Unit to satisfy, in whole or in part,the declared lien.
5. Grant possession of the Unit as a part of said sale.
6. Grant such other relief as may be just and proper.
Respectfully submitted,
TRUSTEES OF THE 48 CAMP STREET
CONDOMINIUM TRUST
By its attorney,
MARCUS,ERRICO,EMMER
&BROOKS, P.C.
`'.• Mt.s,,�' Erik Shaughnessy, BBO#667790
"' '^ '•• 45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
i (781) 843-5000
July 30,2009
AUG 0 4 2009
8y
BARNSTABLE REGISTRY OF DEEDS
1HE ��N�1�1
POF own of Barnstable U.S.POSTAGE»PiTNereowEs
Public Health Division
SRN 55'E.S ,.200 Main Street
�p t67q• �0
JFO MP�P Hyannis,MA 02601
s a 0- ZIP 02601 $ 000.440
02 IVY
0001.3614.75 NOV 24 2010.
Pl
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N S74 Ste 117 LAC. :L
RETURN 70 SMNi7ER
UNAIDL E TO F'OPWARD
OC, 02501400206j11 121�F3�b- C13�,.�':21--c4--47
A
t� b01., 400 ) .�711D] ,11��71��111i11�i111J)hIIII1I111hm"m11)111IJ11
OFISE Tow Donna Z. Miorandi, R.S.
�P` o Health Inspector - t
BARNSrABLE. ` Town of Barnstable
y� MASS. �a Department of Regulatory Services
1639. �0
A�FO MAC a' public Health Division
Office Hours 200 Main Street,Hyannis,MA 02601
8:00-9:30 a.m. Daily Tel: 508-862-4644
3:30-4:30 p.m.Daily Fax:508-790-6304
hftp://www.town.barnstable.ma.us/Health/HelpfulLinks.asp
Email:donna.miorandi@town.barnstable.ma.us
Town of Barnstable Barnstable
k Regulatory Services ®AtAmmicaCh
aaerisrnBLL = 1
MASS. Thomas F. Geiler, Director
i634.A��
Public Health Division m
2007
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
November 23, 2010
Ms. Rose Cid-Hogan
66 Sou'West Drive
Dennis, MA 02638
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
-AND THE TOWN.OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51.
The Town of Barnstable Health Department is in receipt of a complaint by a tenant in
Unit 2 for lack of heat. . On November 15th , 2010, Donna Miorandi, R.S. Health
Inspector, for the Town of Barnstable and Robin Anderson,.Zoning Enforcement Officer
visited the property to investigate. We observed one boiler for a gas/steam heating
system serving four units and one water heater for the same four units. We also observed
one working smoke detector but no carbon monoxide detector in the basement. All rental
units must have working smoke and carbon monoxide detectors.
The following violations of the State Sanitary Code were observed:
105 CMR 410.354(A): Metering of Electricity, Gas and Water
The owner shall provide the electricity and gas in each dwelling unit unless (1) Such gas
or electricity is metered through a meter which serves only the dwelling unit, except as
allowed by 105 CMR 410.254 (B); and (2) The rental agreement provides for payment by
the occupant.
The following violations) of the Town of Barnstable Code were observed:
§170-4- Certificate of Registration
Rental property is not registered with Barnstable Health Department for 2010.
You are directed to correct the State Sanitary Code violations listed above within
thirty (30) days of your receipt of this notice. There are two options to correct the
metering violation. _
1.) Provide the gas used in the dwelling unit occupied by tenant
or
2.) Change plumbing such that gas, metered through tenant's meter, serves
only the dwelling unit or other area under the exclusive use of the tenant.
You are directed to correct the Town of Barnstable Code violations listed above
within fourteen (14) days of your receipt of this notice by registering said rental
property.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten(10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town of
Barnstable Health Division at 508-862-4644.
PER ORDER•OF T BOARD OF HEALTH
omas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Rose Cid-Hogan
48 Camp Street , Unit 1
Hyannis, MA 02601
Mr. Hide Salcedo
48 Camp Street
Hyannis, MA 02601
j Fidelity Mortgage, Inc.
1000 Woodbury Road
P.O. Box 9009, Ste 300
Woodbury, NY 11797
Attn: Documentation Control Dept., 3�d floor
Loan# 0102019320
Trustees of the 48 Camp Street Condominium Trust
Marcus, Errico, Emmer&Brooks, P.C.
Erik Shaughnessy, Attorney
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
CERTIFIED MAIL: 7008 3230 0002 5178 1162
Ceilified Mail#7008 1830 0002 0500 7959
�y r Town of Barnstable
0" Regulatory Services
r BARN ELF—
Thomas F. Geiler, Director
dQpr�A M1A�a1$
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
March 5, 2009
-Rose Cid-Hogan
66 South West Drive
Dennis, MA 02638
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II - MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE CODE CHAPTER 170.
The property owned by you located at 48 Camp Street Unit#4, was inspected
on March 4; 2009 by Timothy O'Connell, Health Inspector for the Town of Barnstable.
This inspection was conducted on the basis of a complaint.
The following violations of the State Sanitary Code were observed:
It/1" 1
e,! 105 CMR 410.450-Means of Egress. Observed bedroom within unit without proper
U second means of egress in bedroom as required by 780 CMR 3603.10.4.lof the Mass
State Building Code. Observed tread depth on second to last step on stairs at 7" to 8"
when Mass State Building Code (780 CMR 3603.113.2) states it must be 9".
105 CMR 410.503{D)-Protective Railings and Walls. Observed stairway leading to
-apartment-without-balusters on_railings.
105 CMR 410.100 (A) (2)- Kitchen Facilities. It was observed that the oven was not
working.at said unit_
he following violations of the Town of Barnstable Code were observed:
1704-6rtiffcation of Registration. Unit is not registered with Town of Barnstable
Rental Registration program.
You are directed to correct the violations listed above within five (5) days
of your receipt of this notice by`pullilag necessary building permits; by creating
second means of egress in bedroom in accordance with Mass State Building Code;
I
QAOrder letters\Housing violations\Rental ordinance\48 Camp st unit 4 ll.doc
by placing balusters on handrail leading to unit; by fixing or.replacing stair tread as
mentioned`above; by repairing oven so it works as intended to; by registering all
residential units.
*Note: Bedroom is not to be used for sleeping until second means of egress (window)
is installed.
You may request a hearing before the Board of Health if written petition requesting same .
is received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town
Health Division and ask to speak with the inspector who performed the inspection.
PER ORDER OF BOARD OF HEALTH
Thomas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Timothy O'Connell, Health Inspector
QAOrder letters\Housing violations\Rental ordinance\48 Camp st unit 4 tl.doc
t ,0
5�0�-�33-'94�24
UNIT'IS A-2 JAN SEBASTlAN WAV. ��(�'
aim@@
SANDW{GN INDUSTRIAL PARK
SANDWICH,MA 02563
November 29, 2010
ROBIN ANDERSON
508-790-6230
RE: 48 CAMP STREET HYANNIS
ON 11/18/10 WE RECEIVED A CALL FOR A PROBLEM WITH A
HEATING SYSTEM. WE CHECKED THE BOILER. THE
PRESSURE TROL GAUGE LOOP HAD TO BE REMOVED AND
CLEANED. THE PRESSURE HAD TO,BE SET AT 1 '/2 LBS
SOMEONE HAD DISCONNECTED THE ONE THERMOSTAT
THAT GOES TO THE WHOLE BUILDING IT WAS JUMPED
TOGETHER AT THE BOILER SO IT WAS CONSTANTLY
CALLING. WE RECONNECTED THE THERMOSTAT, FIRED OFF
THE BOILER MADE SURE IT CYCLED AND WAS OPERATING
PROPERLY. THE STEAM VENTS ON THE RADIATORS NEED TO
BE REPLACEDAND THE RETURN CONDENSATE LINES ARE
PARTIALLY CLOGGED THEY NEED TO BE CUT-OUT AND
CLEANED OR REPLACED. WITH ONLY ONE THERMOSTAT
FOR ALL UNITS AND STEAM VENTS NEEDING TO BE
REPLACED IT IS IMPOSSIBLE TO HAVE EVEN DISTRIBUTION
TO ALL UNITS. J
ANY QUESTIONS PLEASE FEEL FREE TO CALL THE OFFICE
7 dS�
7 41/ iiilll
.%
Citizen Web Request � �� �' ,
Page 2 of 2
detector. On Thursday Robin Anderson and Donna Miorandi went again to the dwelling and met
with Chris Hogan and a plumber/heater contractor from Jack O'Connor Plumbing and Heating of
Sandwich (508-833-1424). the intent was to make it safe and operable. We requested from Chris
Hogan a copy of the invoice from Jack O'Connor. As of Friday, 11/19/2010 we have no such copy.
I have called Chris Hogan for it and have left a message with the plumbing/heating contractor that
we would like a copy of the invoice confirming that it was completed and indeed safe and
operating. We still have long term problems to correct such as co-mingling. I have been in contact
with Mr. Erik Shaughnessy,atty for the condo association, at 1-781-843-5000 regarding heating
problems. I shall have to contact him again regarding the co-mingling problem. Erik
Shaughnessy's office address is 45 Braintree Hill Office Park, Braintree, MA 02184 11/19/2010-
Late Today Chris Hogan said that the system was safe and operating. No invoice yet. 11/22/2010-
Spoke to Richard Burnham,Gas inspector, and he called Jack O'Connor Plumbing and Heating and
said owner has a list of stuff to be done to fix it and have it balanced for all four units.To date it
has not been done.The expansion tank has failed. DZM shall have to write an order letter to
owner and condo atty, Erik Shaughnessy. DZM called the Dennis Town Clerk and Rose Marie Cid-
Hogan is a registered voter at 66 Sou'West Drive in Dennis. She owns that property also until it
too goes to foreclosure.That is her mailing address for 48 Camp St., Hyannis. 11/24/2010-This
morning Robin Anderson did internet research and found that Unit 4 is owned by realtor, Maria
Mainini, 123 Manet Ave., Quincy, MA 02169. Robin spoke with her on phone and Maria's phone
number is 508-942-1149. She gave us the lock box number on the unit which I shall place on
internal side. We are still waiting for the assessment of the heating system from Jack O'Connor
Plumbing and Heating.Today certifed letter went out to Rose Cid-Hogan and tenant as well as
mortgage co., and condo attorney, Erik Shaughnessy. 11/29/2010-DZM received from Robin
Anderson a copy of the assessment of the heating system at 48 Camp St., Hyannis. Unless the
work indicated is done by owner it will be impossible to balance the heat.
-Internal Note History:
System entry on 11/12/2010 4:13:47 PM:
Assigned to Miorandi, Donna
Entered on 11/19/2010 10:55:00 AM
}, by Miorandi, Donna
Last modified on 11/24/2010 10:58:31 AM
Tenant in Unit 2, Hide Salcedo phone numbers are 1-943-3663 and 774-810-0437. 11/24/10-
Maria Mainini, owner of Unit 4 since April 2010 has a lock box on Unit.The number is 0630. She
gave permission for the plumber to go in and balance the heat for this entire dwelling.
System entry on 11/30/2010 9:42:04 AM:
Estimated completion changed from 11/29/2010 to 12/22/2010
http://issql/intemalwrs/WRequestPrint.aspx?ID=32840 12/3/2010
Citizen Web Request Page 1 of 2
tiS\.`s7At 4k �•`
Citizen Request Management - Internal
Request ID: 32840 Created: 11/12/2010 4:13:47 PMF
Status: Assigned To Staff Assigned To: Miorandi, Donna a �
� Health Office
Anonymous: No Category: Chapter II : Housing
4 Substandard
E.C. Date: 12/22/2010 k
�' &� Created By: Parvin, Lindsay Citations:�
f; Health Office �
�'RG
� Time Worked: 10.00 Response Time: 8.00
00
-Requestor Details:
Email:
Request Location:
48 CAMP STREET
2.
Hyannis, Ma 02601
Parcel Number: Map: 327 Block: 190 Lot: 00B
Request:
Requestor reports not having any heat in his unit. Requestor has one month old child.
Requestor has notified landlord but no action has been taken.
Request Work History:
Entered on 11/19/2010 10:55:00 AM
by Miorandi, Donna
Last modified on 11/29/2010 3:06:46 PM
On Monday morning, Nov. 15th, after not hearing from tenant regarding no heat problem
Robin anderson and DZM went to 48 Camp St., Hyannis.Tenant, Hide Salcedo was there and
stated that the emergency shut off for furnace was shut off and he had it turned back on by
brother-in-law. Met landlord (Rose Cid-Hogan) son who is Chris Hogan. He resides in unit 1 and
tenants are in Unit 2.The Hogan's lost unit 4 at auction and now new owners and unit is
padlocked. Unit 3 is still currently owned by Hogan. However, it has an impending foreclosure on
Unit 1 &3 (?). All four units have the same boiler and one thermostat control the heat for all four
units. The electric meter is allegedly one for units 1-5. Unit 5 is the Neuben Electrolysis
commercial business. Landlord's son states electrolysis business is using most of the electricity. If
owned separately they should be metered separately. Chris Hogan states that NSTAR stated it
would cost 20,000 to separate the meters and I'm sure more money to do the same for the heat
(gas). On Wednesday, Nov. 17th,the landlord padlocked the bulkhead limiting access to the
basement for boiler and water heater.There is a working smoke detector down there but no c/o
http://issql/intemalwrs/VVRequestPrint.aspx?ID=32840 12/3/2010
i�
7
DATE: December 10, 2010
TO: Building File
FROM: R. Anderson
RE: cif A Camp Street, Hyannis
Ed Jenkins, Plumbing Inspector spoke to Dennis Russo, the technician for
Jack O'Connor Plumbing & Heating regarding the steam boiler serving
residential units 1 -4 at 45 Camp Street.
Dennis informed Ed Jenkins that the unit is very old and should be replaced.
The system predates the creation of individual units and was
never designed to provide heat to several condos. Apparently, when the
conversion took place the heating system was never properly balanced,
which would have allowed even distribution of heat to all four units.
Donna and I have been working diligently to ensure the tenants have heat.
Providing adequate heat is a requirement governed by Health. Donna
Miorandi consulted me regarding the zoning aspect of this complex and we
went together to check the property. We have since been back and Donna
has also returned without me.
As a result of our combined persistence, Jack O'Connor was hired to get the
heating system in working order. In fact we happened upon the technician
during our initial visit. I required a copy of the work order or a written
recommendation be submitted to us in order that we could be confident that
the heating system was operable. (A written statement was submitted for
our file a few days later).
On Dec. 10, 2010 Dennis updated Ed Jenkins concerning the repairs and
recommendations. He indicated he recently removed one thermostat (from
Unit 2) and now the system relies on a single thermostat for the four units,
which is located in the landlord's residence (unit 1).
The complaints evolve around Unit 2 either no heat or radiating at 90
degrees. The tenants in this unit admit that they have been unable to pay
rent for the last 9 months. He was laid off and they recently had a baby. The
landlord resents having to pay for utilities without collecting rent. Ms. Cid-
Hogan also claims to not know whether or not she is the actual owner of this
unit and therefore may not be the responsible party.
Dennis Russo informed Ed Jenkins that he replaced safety valves, which
would allow the old steam boiler to safely operate. He indicated that the
system is functioning although it may not be efficient or adequate in its
present condition and it also certainly needs to be balanced (requiring access
to each unit). He is reluctant to do more at this point as the owner is
financially strapped and the system is very old and likely fragile. Balancing
the system is recommended but costly.
Ultimately, the conclusion is that the system needs to be replaced but the
current owner is unable financially to do that. Ms. Cid-Hogan is reported to
have paid nearly $500.00 for the first repair session and currently owes
approximately another $500.00.
The condo association, on the surface does not appear to be responsible for
the recommended repairs or the replacement of the heating system in this
building. It is assumed (based on a statement made by the owner's son,
Chris Hogan to me) that the original owners of the 4 units in the subject
building (Mr. & Mrs. Hogan) voted to create a separate but lesser condo fee
at the time the condo association was created. The fees for the units
contained in this building (circa 1880) were strictly for landscape costs and
outside maintenance.
Now, with the forced sale of Unit 4 and the foreclosure process looming
over units 2 &31 it is unlikely this owner will replace the heating system.
Rather, it is likely she will continue with the band aid approach or let the
system fail completely. At that point the bank and/or new owners would be
required to address the need for a new system and apportion out the financial
costs incurred between the units.
Donna Miorandi installed a condemnation sticker on Unit 3 today.
Citizen Web Request Page 1 of 3
s14r
a .yygt
Request Information
__._____......................................
Request ID: 21527 Created: 1/9/2008 12;42:12 PM
Status: Closed Assigned To: -.=O'Connell, Timothy
Health Office
Anonymous: No Request Category: Chapter II : Housing Substandard
Routine work: No Estimate: No -
Date scheduled:
-... ................................................... .... _..._.....__.. -
Estimated 1/11/2008 Change Estimated Dec �amuz c' 20!"J:
Completion Completion D te:
Date: �wl Mon -1 Lie 'eG-, i t F; �
30 31. 2 4
�—6 ((J ?.3 4 1:� 6. 1. :I.=° if
2iJ 2 1 2, 23 24 2
27 2 2' 3
3
P Q
Created By: Wadlington, Ellen Priority: Medium
Health Office
Citation Numbers: .
Requester Information
Requestor Kathleen Souza Request
DETAILS: 48 CAMP STREET LOCATION: 48 CAMP STREET
Apt. 4 Hyannis, Ma 02601
Hyannis Ma 02601
508-287-3139
Request Parcel Number {
q IMap: 1327 Block: 190 Lot: lot
Various problems: lots of mouse __
drippings, in stove, under
refrigerator; under kitchen sinks; light Parcel Lookup
above sink is inoperable at times,
cannot tell if it is on or not, afraid of
http://issq l2/intemalwrs/WRequest.aspx?ID=21527 3/30/2009
Citizen Web Request Page 2 of 3
an electrical fire; the carpeting is
nasty and needs to be replaced; no
egress unless you use a small
window. Steps going to apartment _
are a hazard, your foot can barely fiton some of the steps.
Email:
Track Request Progress
Request Work History: Internal Note History:
Entered on 1/10/2008 9:11:21 AM System entry on 1/9/2008 12:42:12 PM:
by O'Connell, Timothy
Assigned to O'Connell,Timothy
On 1-9-08 went to said property and there were
many violations there as mentioned above. Order System entry on 3/12/2008 3:29:41 PM:
letter sent out. See below. Also see pictures below.
Request Closed by oconnelt
Entered on 1/22/2008 11:53:39 AM
by O'Connell, Timothy
Owner of property did call on 1-22-08. Will try to
talk to him asap.
Entered on 1/22/2008 4:12:50 PM
by O'Connell, Timothy
On 1-22-08 talked with owner via phone who told
me he is in process of hiring a contractor to address
problems. He told me he needs more time. I said I
would push out 2 weeks.
Entered on 3/12/2008 3:29:41 PM
by O'Connell, Timothy
On 3-12-08 talked with owner who has not fixed
any of violations in order letter. Although he has told
me tenant has moved out. I told him it is fine for
now, as long as no one is living there.
f
I
i
Enter work progress: Enter internal note:
(Viewed by everybody) (Viewed internally only)
http://issgl2/intemalwrs/WRequest.aspx?ID=21527 3/30/2009
s.
r
Citizen Web Request Page 3 of 3
'0
r Spell CheckK�:� ;' Sp�eIICYaeck;
3
Add document or image link:
................ _
.ou can also type ir, a folde,, tarns to see everything rything in, the folder
Currsient Li€.s.
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Time worked on request 43.00 Response time 00
Time entries are in hours. of tirm entries; 1.2 5, 0 , 75, J, 3. . 025, OAO
Response time: Measured from thie creation date to your first actions on the request,
o not include nights, tue';.i ends hall€ ys in
and da r '.rile for r : >�st i:'.L��ss'"�nient`,
Reopen
Reopen and notify citizen
x�Reopen�.
Public_._Use:.._.Printer.._Friendly._Version
Internal Use: Printer Friendly_Version
http://issgl2/intemalwrs/VvRequest.aspx?ID=21527 3/30/2009
oF'"E'�wtio . Town of Barnstable U.S.POSTAGE>>PITNEY BOWES
Public Health Division � m
�����(�,�'1ye200 Main Street Hyannis,MA 02601ZIP 02601 $.005.54
02 1w00013614.75 NOV 29 2010.
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item 4 if Restricted Delivery is desired. ❑Agent �■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. . ceived by(Printed Name) C. Data of Delivery
■ Attach this card to the back of the mailpiece, 4 ••
or on the front if space permits. o o N
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2. Article Number 7 0 8 3230 0002 5178 116 2
(riansfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt f oz5ss-0z-M-tsao
Town of Barnstable Barnstable
Regulatory Services
raxtvsrAe�,
v MASS. Thomas F. Geiler, Director D
f639 ��
A
Public Health Division 2007
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
November 23, 2010
Ms. Rose Cid-Hogan
66 Sou'West Drive
Dennis, MA 02638
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51
The Town of Barnstable Health Department is in receipt of a complaint by a tenant in
Unit 2 for lack of heat. On November 15th , 2010, Donna Miorandi, R.S. Health
Inspector, for the Town of Barnstable and Robin Anderson, Zoning Enforcement Officer
visited the property to investigate. We observed one boiler for a gas/steam heating
system serving four units and one water heater for the same four units. We also observed
one working smoke detector but no,carbon monoxide detector in the basement. All rental
units must have working smoke and carbon monoxide detectors.
The following violations of the State Sanitary Code were observed:
105 CMR 410.354(A): Metering of Electricity, Gas and Water
The owner shall provide the electricity and gas in each dwelling unit unless (1) Such gas
or electricity is metered through a meter which serves only the dwelling unit, except as
allowed by 105 CMR 410.254 (B); and (2) The rental agreement provides for payment by
the occupant.
The following violation(s) of the Town of Barnstable Code were observed:
§170-4- Certificate of Registration
Rental property is not registered with Barnstable Health Department for 2010.
You are directed to correct the State Sanitary Code violations listed above within
thirty (30) days of your receipt of this notice. There are two options to correct the
metering violation.
1.) Provide the gas used in the dwelling unit occupied by tenant
or
2.) Change plumbing such that gas,metered through tenant's meter, serves
only the dwelling unit or other area under the exclusive use of the tenant.
You are directed to correct the Town of Barnstable Code violations listed above
within fourteen (14) days of your receipt of this notice by registering said rental
- .property.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town of
Barnstable Health Division at 508-862-4644.
PER ORDER OF THE BOARD OF HEALTH
omas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Rose Cid-Hogan
48 Camp Street , Unit 1
Hyannis, MA 02601
Mr. Hide Salcedo
48 Camp Street
Hyannis, MA 02601
Fidelity Mortgage, Inc..
1000 Woodbury Road
P.O. Box 9009, Ste 300
Woodbury, NY 11797
Attn: Documentation Control Dept., 3rd floor
Loan# 0102019320
Trustees of the 48 Camp Street Condominium Trust
Marcus, Errico, Emmer&Brooks, P.C.
Erik Shaughnessy, Attorney
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
CERTIFIED MAIL: 7008 3230 0002 51781162
FORM30 CH&W HOBBSE WARRENTM THE COMMONWEALTH OF MASSACHUSETTS
BOARD F HEAL
CITY/TOW N
W
DEPARTMENT
li�,CfL
c, ADDRESS
G,M SVBy`0W
TELEPHONE
-�- "— Occupan U-Aj— , �'1
Address
Floor Apartment No. .J No. of Occupants
No. of Habitable Rooms No.Sleeping Rooms_.
No. dwelling or rooming units_ No-Stories
Name and address of owner— _
t0 1 1X/I + ti emarks Reg. Vio.
YARD Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairwa :
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 Fusing,Grnd.:
AMP: Gen.Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom
Pantry
Den
Living Room
Bedroom 1
Bedroom 2 yv
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.:
S s, Flues,Vents,Safeties:
Kitchen Facilities i k
S ove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin,Shower or Tub:
Infestation Rats,-Mice, Roaches or Other:
Egress Dual and Obst'n:
General Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF URY."
INSPECTOR �5TITLE
P r� A.M.
DATE TIME 1 ' 3 �/ P.M.
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
:;i4t' ry l lr h, .j, i'f.. r : . ,}, t 1• ,.t a x.A y
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions,when found to exist in residential premises, shall be deemed conditions which may endanger or
impair the health, or safety and well-being of a person or persons occupying the premises.This listing is composed of those
items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for
human habitation, any other violation has the potential to fall within this category in`any given specific situation but may not do so
in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that
other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local
health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to
include affect the legal obligation of the person to whom the order is issued to comply with such order.
(A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary
needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
(B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as
prohibited by 105 CMR 410.200(B)and 410.202.
(C) Shutoff and/or failure to restore electricity or gas.
(D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com-
mon area required by 105 CMR 410,254.
(E) Failure to provide a safe supply of water.
(F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR
410.150(A)(1)and 410.300.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object,
including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452.
(H) Failure to comply with the security requirements of 105 CMR 410.480(D).
(1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar-
bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests
or otherwise contribute to accidents or to the creation or spread of disease.
(J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.)
(K) Roof,foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or
other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating,
gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352,
so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety.
(M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release
of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105
CMR 410.353.
(N) Failure to provide a smoke detector required by 105 CMR 410.482.
(0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any
defect which renders them inoperable.
(3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of
generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as
required by 105 CMR 410.503(A)and 410.503(B).
(5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
(P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con-
dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner
to remedy said condition within the time so ordered by the Board of Health.
�
w HOBBSBWARRENTM THE COMMONWEALTH OF MASSACHUSETTS
FORM 30 C&
BOARD OF HE LTH
CITY/TOWN
W
DEPA ENT
ADDRES
4�M SV ByaW
TELEPHONE
Address — Occupan+ � ��?t�
Floor Apartment No. No.of Occupants
No. of Habitable Rooms.. , No.Sleeping Rooms__A__
No.dwelling or rooming units No.S ie
Name and address of owner
Remarks Reg. Vio.
YARD Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.: 1/
❑ B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 Fusing,Grnd.:
AMP: Gen.Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom
Pantry
Den
Living Room
Bedroom 1
Bedroom 2 1
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove - f (�,
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin,Shower or Tub:
j.� Infestation Rats, Mice, Roaches or Other:
Egress Dual and Obst'n:
General Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPOR IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF PERJUR '
INSPECTOR S TITLE
DATE TIME
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises, shall tie deemed conditions which may endanger or
impair the health, or safety and well-being of a person or persons occupying the premises.This listing is composed of those
items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for
human habitation, any other violation has.the potential to fall within this category in any given specific situation but may not do so
in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that
other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local
health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to
include affect the legal obligation of the person to whom the order is issued to comply with such order.
(A) Failure to provide a supply of water sufficient in quantity,pressure and temperature, both hot and cold,to meet the ordinary
needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
(B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as
prohibited by 105 CMR 410.200(B)and 410.202.
(C) Shutoff and/or failure to restore electricity or gas.
(D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com-
mon area required by 105 CMR 410.254.
(E) Failure to provide a safe supply of water.
(F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR
410.150(A)(1)and 410.300.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object,
including garbage or trash,which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452.
(H) Failure to comply with the security requirements of 105 CMR 410.480(D).
(1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar-
bage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests
or otherwise contribute to accidents or to the creation or spread of disease.
(J) The presence of Ieadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.)
(K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or
other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating,
gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352,
so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety.
(M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release
of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105
CMR 410.353.
(N) Failure to provide a smoke detector required by 105 CMR 410.482.
(0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any
defect which renders them inoperable.
(3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of
generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as
required by 105 CMR 410.503(A)and 410.503(B).
(5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
(P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con-
dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner
to remedy said condition within the time so ordered by the Board of Health.
Certified Mail#7008 1830 0002 0500 8024
'TKEr Town of Barnstable
P Regulatory Services
Miss. g Thomas F. Geiler, Director
%63q. 1�
Public He;dth Division
Thomas McKean, Director
200 Main Street,Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
April 3, 2009
Rosemarie Cid-Hogan.
66 South West Drive
Dennis, MA
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE Il — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE CODE CHAPTER 170.
The property owned by you located at 48 Camp Street, Hyannis, was inspected on
March 28, 2009 by Timothy O'Connell, R.S. Health Inspector for the Town of
Barnstable. This inspection was conducted on the basis of the Town of Barnstable Rental
Ordinance.
The following violations of the State Sanitary Code were observed:
105 CMR 410.482—Smoke Detectors
No carbon monoxide detector alarm in home.
You-are directed to correct the violations listed above within thirty twenty-four (24)
'of your receipt of"this notice by installing carbon monoxide alarm.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10)-days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town
Health DivEan,
speak with the inspector who performed the inspection.
r....._....�..
O OARD OF HEALTH
as A. ,
QAOrder letters\Housing violations\Rental ordinance\12 Spring Street.doc
04.-23-2008 a 01 =200
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT DEPARTMENT
PROBAT -F"frL:Y-COURT
�rnsta'�le ivisio tv Dock No. 96D-0767-Di2
t r 4 i,� .
ROSE CID-HOGAN,
r
<j,. Plaintiff
i- fy
V.
If
JOHN F.HOGAN,JR., 1
Defendant
w CORRECTED JUDGMENT OF DIVORCE NISI
a
on Plaintiffs Com laint for Divorce filed 3/25/0
On April
2008,the Court(Livingstone,J. h_) eldrth�di rce trial. John F. Hogan,Jr.
j` ("Husband")was the only witness:..,Rose Cid-Hogan("Wife")was represented by Attorney
Carrie Woods, and Husband proceeded pro se.
o
All persons interested having been notified in accordance with the law and after trial,it is
adjudged nisi that a divorce from the bond of matrimony be granted for the cause of irretrievable
breakdown,pursuant to G.L. c. 208, § 1B, and that upon and after the expiration of ninety(90)
days from the entry of this judgment,it shall become absolute unless upon the application of any
person within such period,the Court shall otherwise order. It is further ordered that:
1. Husband shall pay Wife$275.00 per week in spousal support. Upon Wife's
remarriage or either party's death,the spousal support obligation shall terminate.
p` 2. Husband shall maintain a$50,000.00 life insurance policy for the benefit of the
Wife for so long as he has a spousal support obligation. Proof of said insurance
shall be provided to Wife at least annually.
3. Husband shall convey his right,title, and interest in 66 Sou West Drive, Dennis,
Massachusetts to Wife, and Wife shall continue to have sole use and occupancy of
the residence. Until the conveyance is effectuated,Husband shall continue to pay
the mortgage on said property. Upon conveyance,Wife shall hold Husband
harmless for any expenses associated with the property.
4. Wife shall convey her right,title, and interest,if any, in 3206 Hillock Dr.,Los
Angeles, California to Husband,and Husband shall continue to have sole use and
-1-
A TRUE
ATTESY:CCpY
v P..
Bk 22853 Pg 64 #21527
occupancy of the residence. Husband shall continue to be solely responsible for
s . _.. all expenses associated with this property, and upon Wife's conveyance,Husband
shall.hold Wife harmless for any expenses associated with the property.
5 Within sixty days(60)of this Judgment,Husband shall convey all right,title, and
r , ;interest in the condominiums located at 48 Camp St.,Units 1,2, 3,and 4, `
.T t Il 'Hyannis,Massachusetts to Wife. Until the conveyance, Husband shall have use
and occupancy of one unit. Husband shall, also until conveyance,pay for any
expenses associated with all condominium units. Upon conveyance,Wife shall
'p hold Husband harmless for expenses associated with the condominium, including
but not limited to the mortgage. In addition,Husband must vacate the unit he is
currently occupying after sixty(60)days,unless he and Wife agree on rental
terms.
6. Each party shall retain the vehicles in his or her possession. Husband shall
transfer title to Wife for any of said vehicles if necessary. Each party shall be
responsible for his or her own expenses associated with said vehicles.
7. Each party shall be solely responsible for the liabilities,not including mortgages,
listed on his or her Financial Statement. If either party is in possession of credit
cards that list the name of the other on the account,the holder of the card shall
remove the other party's name from said account.
8. Within sixty(60)days of this Judgment,Wife shall convey her right,title,and
interest in Cid-Trey,Inc.,DB/A Hogan's Hearing Aids,to Husband. Husband
shall hold Wife harmless for any expenses or debts associated with the
corporation. Wife shall be entitled to a one half share of any income tax refund
received by Cid-Trey, Inc. for the 2007 fiscal year.
9. Each party shall file taxes individually for the 2007 fiscal year, and each shall be
responsible.for any obligation resulting. Furthermore, each party shall be entitled
to any refund generated by the filing of his or her 2007 individual tax returns.
10. Husband shall convey to Wife fifty percent(50%)of the balance, on the date of
Judgment,of the following accounts held in his name:
-Bank of America Certificate of Deposit,xxxxx-xx494;
-Bank of America Certificate of Deposit,xxxxx-x503;
-Bank of America Certificate of Deposit,xxxxx-xx3000;
-Bank of America Savings,xxxxx-xx7064;
-TD Banknorth Savings,xxxxx920;
-California Preferred Credit Union Savings, xxxx300;and
-Boulder Dam Credit Union Savings,xxxxx-005.
-2- A TRUE COPY
ATTEST:
•
'
�aF�rS-c�E�
Bk 22853 Pg 65 #21527
11. Husband shall convey to Wife fifty percent(50%)of the balance of his Merrill
Lynch IRA, account number xxx-xxE54,by Qualified Domestic Relations Order.
Value shall be the balance in the account as of the date of this Judgment.
Husband shall continue to provide health insurance for Wife for thirty(30)days
after this Judgment. Upon the expiration of thirty(30)days,each party shall be
responsible for his and her own health insurance costs and any uninsured medical
t; co S.
13' The parties have divided all other personal property to their satisfaction.
14. Attorney fees are not awarded to either parry.
April 10, 2008 /s/Michael J. Livingstone
Michael J. Livingstone,Justice
(as to correction of docket number only)
April 18,2008
nunc pro tunc to Lisa A.Roberts,Justice
April 10,2008
A TRUE COPY
ATTEST:
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COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. DISTRICT COURT DEPARTMENT
BARNSTABLE DIVISION
CIVIL ACTION NO. 13.3 3
TRUSTEES OF THE 48 CAMP STREET )
CONDOMINIUM TRUST )
Plaintiffs )
vs. )
}
JOHN F. HOGAN and ROSE CID-HOGAN, } COMPLAINT
Defendants }
and }
}
MORTGAGE ELECTRONIC REGISTRATION }
SYSTEMS, INC,as Nominee for Fidelity )
Mortgage, Inc., and MASSACHUSETTS )
DEPARTMENT OF REVENUE, )
tn Defendants/Parties-In-Interest, )
PRELIMINARY STATEMENT
� Z
CJ 1. This is an action brought by the organization of unit owners of a condominium(a)
Pursuant to M.G.L. c. 183A, s. 6(b) against the unit owners for unpaid common expenses;
and(b)pursuant to M.G.L. c. 183A, ss. 6(a)and 6(c)and c. 254, ss. 5 and 5A,to
establish and enforce a lien for these unpaid common expenses..This action further seeks
a determination of the priority of the unit owner organization's lien under
183A,s. 6(c). U
> PARTIES AUG 4 42009
..,,
he Plaintiffs,the Trustees of the 48 Camp Street Condominium t
•(1*6nafter referred to as the Organization of Unit Owners"),are the duly
j$Jrcfed/appointed members of the governing body of the 48 Camp Street Condominium
`Trust under a Declaration of Trust dated December 9, 1985 and recorded with the
v
Barnstable Registry of Deeds (hereinafter referred to as"Registry of Deeds") in Book
4830,Page 319,which Organization of Unit Owners is the organization of unit owners of
the 48 Camp Street Condominium,a condominium established by Master Deed dated
i
Bk 23954 Pg 346 #46381
December 5, 1985, and recorded with the Registry of Deeds in Book 4830,Page 300,
(hereinafter referred to as the"Condominium"). The Condominium is located in
Barnstable (Hyannis),Barnstable County,Massachusetts. The Plaintiffs bring this action
pursuant to their powers in the said Declaration of Trust of the Condominium and/or in
M.G.L. c. 183A, s. 10(b)(4) contained. Additionally,they bring this action on behalf of
all other parties in interest pursuant to M.G.L. c. 254, s. 5.
3. The Defendant, John F. Hogan, (hereinafter referred to as the"Defendant")is the
record owner of Unit 2 at the Condominium(hereinafter referred to as the"Unit"),
pursuant to a Unit Deed dated October 14,2004 and recorded with the Registry of Deeds
in Book 19139,Page 23, Conveying title of Unit 2. The Defendant maintains an address
of 48 Camp Street,Unit 1,Hyannis,Massachusetts 02601.
4. The Defendant,Rose Cid-Hogan has a mailing address of 66 South West Drive,
Dennis,MA 02638, in the alleged record owner of Unit 2 at the Condominium pursuant
to a Judgment of Divorce Nisi, dated April 10,2008,and recorded with the Registry of
Deeds in Book 22853,Page 63, and is the holder of a Writ of Attachment upon the Units
dated September-22, 2006,and recorded with the Registry of Deeds in Book 21376,Page
100.
5. The Defendant/Party-In-Interest,Mortgage Electronic Registration Systems,Inc.,
as Nominee for Fidelity Mortgage,Inc., has a place of business at 3300 South West 34`h
\ Avenue, Suite 101.Ocala,FL 34474, and is the holder of a first mortgage of record upon
Unit 2 dated October 14, 2004, and recorded with the Registry of Deeds in Book 19139,
Page 25.
The Defendant/Party-In-Interesfi,Massachusetts Department of Revenue,has an
=' address of 100 Cambridge Street,Boston, Massachusetts 02214,and is the holder of a
.� Child Support Lien against John F. Hogan, dated August 16, 2006, and recorded with the
Registry of Deeds in Book 21286, Page 298. D ,�
/ AUG 0 4 2009
Bk 23954 Pg 347 #46381
FACTS
7. Pursuant to M.G.L. c. 183A, s. 6,and the applicable provisions of the
Condominium's documents,the Defendants have been duly assessed common expenses
and charges in the amount of$4,740.95 (hereinafter"common expenses"),which have
not been paid when due.
8. Interest and late fees have been charged for these overdue payments of common
expenses pursuant to M.G.L. c. 183A, s. 6(a) and/or the applicable provisions of the
Condominium's documents, and the Defendants are liable for attorneys' fees and costs
incurred by the Plaintiffs in pursuing this matter in accordance with said provisions.
9. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendant notice
by certified and first class mail of the aforesaid delinquency, such delinquency having
existed for at least sixty days.
CAUSES OF ACTION [rAUGO 2009
By
COUNT I-AGAINST THE DEFENDANTS PERSONALLY
10. The Defendant is,pursuant to M.G.L. c. 183A, s. 6(b),and the applicable
provisions of the Condominium's documents,indebted to the Plaintiffs for the amount of
unpaid common expenses, interest, late fees, attorneys' fees and collection costs as above
stated and as such may additionally accrue hereafter.
D
COUNT II-AGAINST THE UNIT
11. Pursuant to the provisions of M.G.L. c. 183A, ss. 6(a)and 6(c), said arrearage in
y common expenses,with interest, late fees, attorneys' fees and collection costs as
Vresaid, and as such may additionally accrue hereafter, constitute a lien upon the Unit.
COUNT III -ESTABLISHING THE PRIORITY OF THE LIEN
12. Pursuant to the provisions of M.G.L. c. 183A, s. 6(c),the lien on the Unit has
priority over all other liens and encumbrances except(a) liens and encumbrances
recorded prior to the recording of the aforesaid Master Deed, (b)liens for real estate taxes
No. . U�i C I/IJ611 Me d)fi Fee
`
f�T=EC MMONWEALTH OF MASSACHUSETTS Entered in computer:
PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS Yes
2pplicatton for �Digogar 6p-teat Cottgtructton Vertu
Application for a Permit to Construct( ) Repair( ) Upgrade( ) Abandon( ) ❑Complete System ❑Individual Components
r
Location Address or Lot No. Owner's Name,Address,and Tel.No. &pt ,M A L
Assessor'sMap/Parcel 14 460 A, cojo.
Installer's Name,Address,and Tel.No. Y C f`� Designer's Name,Address and Tel.No.
f�UtM �O �Gn c�e/Ic PM_
'Typk of Building:
Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder ( )
Other Type of Building No.of Persons Showers( ) Cafeteria( )
Other Fixtures
Design Flow(min.required) gpd Design flow provided gpd
Plan Date Number of sheets Revision Date
Title
Size of Septic Tank Type of S.A.S.
Description of Soil
Nature of Repairs or Alterations(Answer when applicable)
Date last inspected:
Agreement:
The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in
accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of
Compliance has been issued by this Board of Health.
Signe Date
Application Approved by (a_gfr-EDate 2
Application Disapproved b Date
for the following reasons
Permit No. y Date Issued ? (.2
P
No. oo ?r /j(y �bPjfome04 Fee
d, '� � �• Entered in computer:E COMMONWEALTH OF MASSACHUSETTS p
PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS Yes
Zipplication for ;Di5pogal *pgtem Construction Permit
Application for a Permit to Construct( ) Repair( ) Upgrade( ) (Abandon( ❑ Complete System ❑Individual Components
Location Address or Lot No. C� S L f G►Y1 �! Owner's Name,Address,and Tel.No.
Assessor's Map/Parcel 3 1 'v U" 6 J� ! U� � /,h✓ )7 /C- 0wop f C U✓C/J ( 1
r(�C rWf.0rs
" Installer's Name,Address,and Tel.No. Designer s am-e,Address and Tel.No.
A — ffOtr S(Gl
Type of Building: r
Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder ( )
. Other Type of Building No.of Persons Showers( ) Cafeteria( )
Other Fixtures
Design Flow(min.required) gpd Design flow provided gpd
Plan Date Number of sheets Revision Date
Title
Size of Septic Tank Type of S.A.S.
Description of Soil �'"
Nature of Repairs or Alterations(Answer when applicable)-6/ (J . r
Date last inspected:
Agreement:
The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in
accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of
Compliance has been issued by this Board of Health.
Signe Date ,
Application Approved by h}rr. S Date /z f LO
Application Disapproved b Date
for the following reasons
Permit No. ` Oy�" ��� Date Issued r
THE COMMONWEALTH OF MASSACHUSETTS
G� w^ � BARNSTABLE, MASSACHUSETTS
Certificate of Compliance
IS IS O CER/T�IFY,that the On-site Sewage Disposal System Constructed
n( ) Repaired ( ) Upgraded ( )
Abandonejd-( )by I )a f o,A, f r 6,,9�
at //I has been constructed in accordance
an with the provisions o Title 5 d the for Disposal System Construction Permit No. .�Gaef �C� dated
Installer (a/ />L Designer /V
#bedrooms ,��/�' Approved design flow /,{/�/J' gpd
The issuance of thi' permit shall not be construed as a guarantee that the system will f ction as desig ed. f�
Date f �I U Inspector� � JL"' Q IA--,--
y
j
No. UW- ff Fee�
THE COMMONWEALTH OF MASSACHUSETTS
PUBLIC HEALTH DIVISION-BARNSTABLE, MASSACHUSETTS
&gpoaf *pgtem Congtr -0tAbandon
Permission is hereby granted to Construct ( Repair ( ) Upgrade ( ( )
System located at �,I,� n 5_� i
and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty
to comply with Title S and the following local provisions or special conditions. y
Provided: Construction ust be completed within three years of the date of this permit-:
Date J/ (� Approved by ,< � t'� �Z—c
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SECTIONCOMPLETE THIS DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sin ture
item 4 if Restricted Delivery is desired. X Agent
■ Print your name and address on the reverse �� Addressee
so that we Can return the card to you. B. Received by(P'nted Name) Date of Delivery
■ Attach this card to the back of the mailpiece, _( - O
or on the front if space permits. rif
D. is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
11
v 0".
3. Service Type
®Certified Mail ❑Express Mail
❑Registered E Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Deliver)?(Extra A* ❑Yes
2. Article Number 7 D D 6 D$10 0000 3525 3329
(rmnsfer from service IAW 1
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Pogtage&Fees Paid
LISPS
Permit No.G-10
p
• Sender: Please print your name, address, and ZIP+4 i�n5 this''box •
cn
I Town of Barnstable'
Health Division J m j
200 Main Street
Hyannis,MA 02601__
I
I!
I
„ Citizen Web Request Page 1 of 3
t c, ed In As: Request
Thursday is :
K)WN`;<;Lunr,�_';t Citizen �.eq e t Management
R,, t� to Users S't:ar-,. R_, :rv .s .z._ ., ,_s
Request Information
Request ID: 21527 Created: 1/9/2008 12:42:12 PM W
Status: Closed Assigned To: O'Connell,Timothy
Health Office
Anonymous: No Request Category: Chapter II : Housing Substandard
Estimated 1/11/2008 Change Estimated _ Dpc- Iarnjar� 2008 rei,,
Completion Completion Date:
Date: Sun Mon "Fue Wed Thu Fri Sat
3 5
7 3 9 10 11 1
13 -14 15 16 17 13 1'
-0 21 22 23 2 25 2
27 2-8 29 30 31 1
1 A5 5 7
Created By: Wadlington, Ellen Priority: Medium
Health Office
Citation Numbers:
t....__......_._.._._......_......_.__........___......._.._......_................__......._......... ._......_._............................ _. _._................_._ _........
Requestor Information
4 Request Parcel Number
Various problems: lots of mouse Map: 327 Block: R 90 ll Lot: 001
drippings, in stove, under
refrigerator; under kitchen sinks; light Parcel Lookup
above sink is inoperable at times,
cannot tell if it is on or not,afraid of
an electrical fire; the carpeting is
nasty and needs to be replaced; no
http://issgl2/intemalwrs/WRequest.aspx?ID=21527 3/13/2008
Citizen Web Request Page 2 of 3
egress unless you use a small
window. Steps going to apartment
area hazard, your foot can barely fit ...-............_.......................__..__.....___.._.._._.._....._.__......_..._.........___.._..____.____._.._.�_._.
on some of the steps.
Email:
;
Track Request Progress
E
{ Request Work History: Internal Note History:
-
Entered on 1/10/2008 9 11:21 AM� System entry on 1/9/2008 12:42:12 PM.
by O'Connell, Timothy
i Assigned to.O'Connell, Timothy
were man Ov8o viola went tions there a said s mentioned and there System entry on 3/12/2Y Y -,,,.
y y 008 3.29:41 PM.
above. Order letter sent out. See below. Also
see pictures below. Request Closed by oconnelt
Entered on 1/22/200 8 11:53:39 AM
by O'Connell, Timothy
i
Owner of property did call on 1-22-08. Will E
try to talk to him asap.
Entered on 1/22/2008 4 12:50 PM
by O'Connell,Timothy
i
On 1-22-08 talked.with owner via phone
who told me he is in process of hiring a
contractor to address problems. He told me he
needs more time. I said.I would push out 2
weeks.
i
Entered on 3/12/2008 3 29:41 PM
by O'Connell,Timothy.
On 3-12-08 talked with owner who has not
I fixed any of violations in order letter. Although
he has told me tenant has moved out. I told
him it is fine for now, as long as no one is
living there. .
._.................._-_.____....___. _.._____._....__...__.__....._......._.-.---.___..,......_.._.._..__—.._..___.__.. ............._...................._..............._...........---_..__.............._.._......_......__._...__..........__.............___.._._._......__.
E
f '(
� 1
I
Enter work progress: Enter internal note:
(Viewed by everybody) (Viewed internally only)
http://issgl2/intemalwrs/WRequest.aspx?ID=21527 3/13/2008
Citizen Web Request Page 3 of 3
...E
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Spe(I Chec�(c � Spell Check
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Add document or image link:
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You can also type in a folder name to see everything in the folder
Curre--zt Links
frr iet��rscasr �tC3lckti.?nZlt_ l t0 i_rzc-e':t8 earl .t cc � : ,. .
O'C:onnell',11 camp apt _°,
i
Time worked on request 1 0 Response time: 1.00
Time entries are in lours. Examples of time entries: ?. 5, O 5, 0,75, I, 3.5, 0.25, 0.10
x Response time: Measured red from thc, cr(:kit:i n date to your first actions on the request.
3
Do not include nights; weekends, and holidays in response time for most departm ........
i•- Reopen
g Reopen and notify citizen
Reopen
Pu..b..l.ic__Us_e___Printer Fri_en____y_Ve_rsion
1
Internal Use: Printer Friendly Version
http://issgl2/intemalwrs/VVRequest.aspx?ID=21527 3/13/2008i
Parcel Detail Page 1 of 3
£ ng
Inn
Logged 1-1,As: Parcel Detail Wed nesd q ay,
Parcel ookui)
i
Parcellnfo
........ ................. ................_......
Parcel ID;327-190-OOD Condo Unit!UNIT 4
Condo _.. _...... _. _ �"�...... _... _. _..._
Complex`,48 CAMP ST PROF Building 'BLD A
............. _.............
Location 148 CAMP STREET Pri Frontage
Sec Road Sec, ,. ...__._ ......_ �._......�.... . __. __.�..
Frontage
------------....--------------- ...........
Village;HYANNIS Fire District HYANNIS
........�..... ............. ._............. .. _ ......_. ._ .....__... _..._.__.__._____. ;_..__. _.. _....._______.______ _ .__._.. ._...__.__._.
Sewer Acct Road Index 0219
d
Interactive
Map
Owner Info
... . _..... __ _ .....
Owner',HOGAN, JOHN F Co-Owner:
Streets 48 CAMP ST- UNIT 1 Street2 '
.....__...................... ..
City HYANNIS State MA zip 02601 Country US
Land Info
...... ....._ _ __ ......... .... _....__
Acres0 use;OFF CONDO MDL-06 Zoning MS Nghbd =0003
Topography Road _..__.._..
Utilities Location
Construction Info
Building I of I
Year 1820 _ __..__ Roof Ext
Built Struct. wall � ............
Effect 867 .. _.... . Roof AC
Area Cover TypeInt Bed'
_ }
Style',Condo Office Wall ._ _ Rooms
Int
Model !Corn Condo Bath
.... - . Floor: Rooms`
I
http://issql/Intranet/propdata/ParcelDetail.aspx?ID=27616 1/9/2008
P�.rcel Detail Page 2 of 3
__.-. Heat Total Fus(942j'
Grade j
_. .... . . Type Rooms
Stories Heat-.. Found-
Fuel ation —
Permit History
......... _ . ...................._........
Issue Date Pause Permit# Amount
t Insp Date Comments
Visit History
Date Who Purpose
DH
Sales History
Line Sale Gate Owner Boob/Page Sale P
1 10/15/2004 HOGAN, JOHN F 1 91 39/01 9 ;
2 10/15/1995 GRIFFIN, DANIEL M JR TR& 9881/248
3 8/15/1993 BRACKETT,THOMAS A& RALPH 8722/263
4 8/15/1993 FDIC 8722/250
5 7/15/1991 EIGHT MILES HILDINGS INC 7615/119
- Assessment History
Save# Year Building Value XF Value t B Value Land Value Total P rc(
1 2008 $145,200 $0 $0 $0
3 2007 $145,200 $0 $0 $0
4 2006 $96,800 $0 $0 $0
5 2005 $72,200 $0 $0 $0
6 2004 $56,600 $0 $0 $0
7 2003 $30,600 $0 $0 $0
8 2002 $30,600 $0 $0 $0
9 2001 $30,600 $0 $0 $0
10 2000 $28,500 $0 $0 $0
11 1999 $28,500 $0 $0 $0
12 1998 $28,500 $0 $0 $0
13 1997 $20,100 $0 $0 . $0
14 1996 $20,100 $0 $0 $0
15 1995 $33,600 $0 $0 $0
http://issql/intranct/propdata/ParcelDetail.aspx?ID=27616 1/9/2008
r
Parcel Detail Page 3 of 3
`i
16 1994 $54,000 $0 $0 $0
17 1993 $54,000 $0 $0 $0
18 1992 $61,500 $0 $0 $0
19 1991 $90,500 $0 $0 $0
20 1990 $90,500 $0 $0 $0
21 1989 $90,500 $0 $0 $0
22 1988 $72,000 $0 $0 $0
23 1987 $72,000 $0 $0 $0
Photos
http://issgl/intranet/propdata/ParcelDetail.aspx?ID=27616 1/9/2008
FORM30 C&W HOBBS&WARREN TM THE COMMONWEALTH.OF MASSACHUSETTS
BOARD OF ALTH
CITY/ OWN
R.
W c
�V �/� PARTM�NT
a k X� \
ADQ ESS
7 4,M SVey`0W
TELEP O
Address ' _ Occupan
Floor Apartmen o. No.of Occupants
No. of Habitable Rooms 4.Sleeping Rooms
No. dwelling or rooming units_ No.S one
Name and address of owner
Remarks Reg. Vio.
YARD Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs: l_
Li htin
STRUCTURE INT. Hall,Stairway:Obst'n.: /
Hall, Floor,Wall,Ceiling: ..,.. �/
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 Fusing,Grnd.:
AMP: Gen. Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to 'Outlets Its Ceils. Wind. Doors Floors Locks
Kitchen /v 3
Bathroom
Pantry
Den
Living Room
Bedroom 1 _ 4 L414) L)
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. - Sup.Ten.,Gas, Oil, Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n..:
Wash Basin,Shower or Tub: 14
Infestation Rats, Mice, Roaches or Other: 13)
Egress Dual and Obst'n:
General Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZEA
e ver)
"THIS INSP IGNED AND CERTIFIED UNDE HE PAINS AND
PENALTIES
INSPECTOR TITLE
a A.M.
DATE '` TIME ` P.M•
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
. ,
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential-premises, shall be deemed conditions which may endanger or
impair the health, or safety and well-being of a person or persons occupying the premises.This listing is composed of those
items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the �
occupants or the public. Because Chapter||. 105 SIVIR 410.1001hmugh 410.020otate minimum requirements of fitness for
human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so
in every case and therefore is not included in this listing. Failure to include shall in noway be construed as a determination that
other violations orconditions may not be found to fall within this category. Nor shall failure to include affect the duty ofthe local
health official to order repair or correction of such violation(s) pursuant to 105 CIVIR 410.830 through 410.833 nor shall failure to
include affect the legal obligation of the person to whom the order is issued to comply with such order.
V\> Failure to provide a supply of water sufficient in quantity, ^nsaure and 1ompouaturo, both hot and oo|d, to meet the ordinary
needs of the occupant in accordance with 105CIVIR 410.18O and 41O.19O for aperiod of24 hours orlonger.
(B) Failure to provide heat as required by 105 CIVIR 410.201 or improper venting or use ofaspace heater mwater heater as
prohibited by 1O5CIVIR41O.20U(B)and 410.202.
(C) Shutoff and/or moVura e|eo�rioi�orgao�
' '
. '
(D) Failure Vz provide the electrical facilities vequimd'by105CIVIR410.25OB). 410.251(A). 410.253 and the lighting in com-
mon orearequired by 105CIVIR410.254.
(E) Failure 8z provide a safe supply cdwater.
(F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CIVIR
41O.15O(A)(1)and 41U.3OO.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object,
including garbage or trash, which prevents egress in case of an emergency 105 CIVIR 410.450, 410.451 and41U.452.
(H) Failure to comply with the security requirements of 105CIVIR 410.480(D).
(|) Failure to comply with any provisions of 105 CIVIR 410.800. 410.801 o/410.OU2which results in any accumulation ofgar-
bage, rubbish,filth or other I causes of sickness which may'provide a food source or harborage for rodents, insects or other pests
or btherwise contribute to accidents or.to the creation or spread of disease.
(J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105CIVIR400.000. (See M.G.Lo. 111 @@) 190 through 19Qj
(K) Roof,foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or
| other dangers or impairment Vo health orsafety.
�
� (L) Failure to install e|eotrimal, p|umbing, heating and gas-burning facilities in accordance with accepted plumbing, heating,
' gas-fitting and electrical wiring standards or failure to maintain such hmihieoaaare required by 105 CIVIR 410.351 and 410.352.
� aoauVm expose the occupant or anyone else tofire, buma, ohook, accident or other danger or impairment to health or safety.
�
(M) Any defect in asbestos material used as insulation or covering on u pip*, boiler m furnace which may result in the release
of asbestos dust orwhich may result in the release of powdorod, crumbled o/pulverized asbestos material in violation of 105
CIVIR 410.353.
`
' (N) Failure to provide u smoke detector required by 105CIVIR 410.482.
(0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition orconditions:
(1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower or bathtub au required in1U5CMR41O.15U(A)(2)and 41U.15O(A)(3)orany
defect which renders them inoperable.
. (3) Any defect in the electrical, plumbing o/heating system which makes such system or any part thereof in violation of
� generally accepted p|umbing, haating, gmditting, or electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain aoaho handrail or protective railing for every stairway, porch ba|cony, roof orsimilar place as
� required by 1O5CIVIR41O.5O3(A)and 410.5O3(B).
(5) Failure Vo eliminate rodents, uookmaohou, insect infestations and other pests aorequired by 105CIVIR410.550.
i (P) Any other violation of 105 CIVIR 410.000 not enumerated in 105CIVIR 410.750(\)1hmugh (0)shall be deemed to Uou con-
dition whiohmayondungornrmateriuUyimpui/thohou|thoruafetyandwo||'boingofan000upontupondhefai|uroo!themwnor
' 10 remedy said condition within the time oo ordered by the Board ofHealth.
�
, ^ .
� .
�
. '
| '
\ '
pop
Certified Mail#7006 0810 0000 3525 3329
ofj Town of Barnstable
Regulatory Services
nnr���rng�:.�.
v "^ � 0Q : Thomas F. Geiler, Director
rFtMa Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
January 9, 2008
John F. Hogan
48 Camp St-Unit 1
Hyannis, MA 02601
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE CODE CHAPTER 170.
The property owned by you located at 48 Camp Street Unit#4, was inspected
on January 9, 2008 by Timothy O'Connell, Health Inspector for the Town of Barnstable.
This inspection was conducted on the basis of a complaint.
The following violations of the State Sanitary Code were observed:
105 CMR 410.450—Means of Egress. Observed bedroom within unit without proper f
second means of egress in bedroom as-required by 780 CMR 3603.10.4.1of the Mass
State Building Code. Observed tread depth on second to last step on stairs at 7" to 8"
when Mass State Building Code (780 CMR 3603.13.2 ) states it must be 9".
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements.
Observed ripped carpet within kitchen/sitting area.
105 CMR 410.503 (D)—Protective Railings and Walls. Observed stairway leading to
apartment without balusters on railings.
105 CMR 410.351 —Owner's Installation and Maintenance Responsibilities.
Observed kitchen.light that has loose wiring.
105 CMR 410.550 (B)—Exterminations of Insects,Rodents and Skunks. Observed
mice droppings within stove top and under bathroom sink.
I
Q:\Order letters\Housing violations\Rental ordinance\48 Camp st unit 4.doc
t
The following violations of the Town of Barnstable Code were observed:
1� 70-4—Certification of Registration. Unit is not registered with Town of Barnstable
Rental Registration program.
0
You are directed to correct the violations listed above within fiv (5) days
of your receipt of this notice by pulling necessary building perm s cre ting
second means of egress in bedroom in accordance with Mass State Building Code;
by repairing kitchen light so it works as intended to; by placing balusters on
handrail leading to unit; by fixing or replace stair tread as mentioned above; by
investigating mice problem and exterminating them if necessary; by registering all
residential units. You are directed to correct the violations listed above within
thirty (30) days of your receipt of this notice by fixing or replacing torn carpet
within unit.
*Note: Bedroom is not to be used for sleeping until second means of egress (window)
is installed.
You may request a-hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
Should you have any questions regarding the above violations, please contact the Town
Health Division and ask to speak with the inspector who performed the inspection.
O JOTHE BOARD OF HEALTH
Thomas A. McKean, R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Timothy O'Connell, Health Inspector
Cc: Kathleen Souza, Tenant
QAOrder letters\Housing violations\Rental ordinance\48 Camp st unit 4.doc
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8Fc 21376 P 100 4-59798
Commonwealth of M�s�sac �tl 9"�'� a 0-2 = 1:17P
The Trial Court
V4 BARNSTABLE Division Probate and Family Court Department Docket No. 96D 0767 DV2
,n Writ Of Attachment A TRUE COPY ATTEST;
( ' Rose Cid-Hogan , PlaintiL f J
V. DEPUTY SHERIFF
i John F. Hogan, Jr. Defendant
-o To the sheriff Or several counties or their deputies:
n ff) We command you to attach the goods or estate of defendant John F. Hogan, Jr. .
of 48 Camp Street Hyannis (Barnstable) MA 02601
47 (Street and No.) (City or Town) (County) (State) (zip)
to the value of$1 •000 600 00 - (the amount authorized), as prayed for by plaintiff
Rose Cid-Hagar of .
66 Sou West Drive Dennis __ (Barnstable) MA 02638
(Street and No.) (City or Town) (County) (State) (zip)
whose attorney is Carrie Woods Esq, of
d j c) 1010 Main Street Barnstable (Barnstable) MA 02601 , in
}o (Street and No.) (City or Town) (County) (state) (zip)
n -J"r an action brought by said plaintiff against said defendant in the Probate and Family Court for Ramstabte
County, and make due return of this writ with your doings thereon.
��� The complaint in this case was filed on March 25 , ,20 05 .This attachment
QMe
c�- was approved on September 22 __ ,20 06 , by Robert A. Scandurra
J., in the amount of$] 000.000 00
�- Witness, Robert E.Terry , Esquire, First Judge of said Court
at Bamstable ,this 22nd day of
}� San_tamhar , 20 06 _
Register of Probate
cam. Proof Of Attachment
Barnstable ss. September,25, 2006
By virtue of this writ, I this day at 1:30pm attached all the right, title and
interest that the within named defendant John F. Hogan, Jr. now has not
exempt by law from levy or attachment, in and to real estate situate within the
County of Barnstable, including but not limited to real estate described in (1)
Book 3799 Page 46 and (2) Book 19139 Pgs 19, 23 & 50 at the Barnstable
County Registry of Deeds.
The within is a true copy of this writ, and the above so much of my return as
relates to the attachment of this real estate on this writ.
Carrie L. Woods, Esq.
3010 Main Street
Barnstable, MA 02630
Attorney for Plaintiff Jean A. Marshall
Deputy Sheriff
CJ=O 414(1/89)
BARNSTABLE REGISTRY OF DEEDS
f
Bk 21376 P� 1�.0 JiLr59798
Commonwealth of Mas99air`113bR9':)6 & 02 2- 07P
The Trial Court
BARNSTABLE Division Probate and Family Court Department Docket No.96D 0767 DV2
S v' Writ Of Attachment A TRUE COPY ATTEST
Rose Cid—Ho an .
8 , Plaintiffi�,��
a; DEPUTY SHERIFF
-a el:;� ; A Jul
; John F. Hogan, Jr.
_� '-� �� g � , Defendant
qyC�' -o To the sheriff Gr several counties or their deputies:
•b .n C6 rn/ We command you to attach the goods or estate of defendant John F. Hogan, Jr.
of 48 Camp Street Hyannis (Barnstable) MA 02601
(Street and No.) (City or Town) (County) (State) (zip)
5 to the value of$1 .000.000 00 =_(the amount authorized), as prayed for by plaintiff
Rose Cid-Hogan __ , of
66 Sou West Dri_v..e Dennis (Barnstable) MA 02638 ,
(Street and No,) (City or Town) (County) (State) (zip)
d whose attorney is Carrie Woods, ESQ of
d cJ 3010 Main Street Barnstable (Barnstable) MA 02601 ' in
� 00 (Street and No.) (City or Town) (County) (State) (Zip)
n ? an action brought by said plaintiff against said defendant in the Probate and Family Court for Bamstahle
I f i County, and make due return of this writ with your doings thereon.
The complaint in this case was filed on March 25 , ,20 05 .This attachment
Q- was approved on Sp-pte_ b�2 ,20 06 , by Robert A. Scandurra ,
J., in the amount of$ 1,000}000 00
�- Witness, Robert E.Terre Esquire, 9
Es , First Judge of said Court
r�°• at Bamstable ,this 22nd day of
A4 tPm Pr , 20 06
`J `J Register of Probate
Proof Of Attachment
Barnstable ss. September 25, 2006
By virtue of this writ, I this day at 1:30pm attached all the right, title and
interest that the within named defendant John F. Hogan, Jr. now has not
exempt by law from levy or attachment, in and to real estate situate within the
County of Barnstable, including but not limited to real estate described in (1)
Book 3799 Page 46 and (2) Book 19139 Pgs 19, 23 & 50 at the Barnstable
County Registry of Deeds.
The within is a true copy of this writ, and the above so much of my return as
relates to the attachment of this real estate on this writ.
Carrie L. Woods, Esq.
3010 Main Street
Barnstable, MA 02630 r-'_3
Attorney for Plaintiff Jean A. Marshall
Deputy Sheriff
ce-D ata(1189)
BARNSTABLE REGISTRY OF DEEDS
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY
Investigation by the Department of Telecommunications and Energy on )
its own motion commencing a rulemaking pursuant to 220 C.M.R. §§ 2.00)
et seg.,revising the billing procedures for calculating a residential rental ) D.T.E. 01-21
property owner's responsibility in non-minimal use sanitary code )
violations, as set forth in 220 C.M.R. §§ 29.00 et seq. )
INITIAL COMMENTS OF BOSTON EDISON COMPANY, CAMBRIDGE
ELECTRIC LIGHT COMPANY, COMMONWEALTH ELECTRIC COMPANY,
AND NSTAR GAS COMPANY
I. INTRODUCTION
Boston Edison Company, Cambridge Electric Light Company, Commonwealth
Electric Company, and NSTAR Gas Company (collectively, the "NSTAR Companies")
file these comments in response to the Rulemaking Order issued by the Department of
Telecommunications and Energy (the "Department") on May 25, 2001, opening a
rulemaking for the purpose of revising billing procedures to be implemented by electric
and gas companies when billing a residential rental property cited for violations of the
State Sanitary Code (the "Code") pertaining to the commingling of electric or gas utility
service.l Specifically, the Department proposes to revise Section 29.07(2) of its
regulations to provide that, in the circumstance of a Code violation for non-minimal
electric or gas use, a utility company apportions the bill between the property owner and
the tenant for the retroactive period of the Code violation. Rulemaking Order at 5. In its
Rulemaking Order, the Department requests comments on (i) the feasibility and potential
means of determining electric and gas usage of appliances,. outlets, or other energy
consumption sources that are the subject of Code violations, and (ii) the method of
calculating the cost of that usage to be billed to the property owner under Section 29. Id.
at 9.
See 105 C.M.R. §§410.254 and 410.354.
I
The following comments respond to the Department's request regarding the
feasibility and method of calculating the cost of usage to be apportioned between the
property owner and the tenant pertaining to a Code violation. In these comments the
NSTAR Companies recommend that the Department make not change to the full cost
assessment to property owners for non-minimal use Code violations, or, in the
alternative, establish a medium use category of Code violation under which the full
usage subject to the Code violation would be billed to the property owner. Also, the
NSTAR Companies recommend that the Department change billing and credit payment
escrow rules to allow a reasonable time for all appeals and adjudicatory decisions to be
finalized before any adjustments between tenants and landlords are considered final.
Finally, the NSTAR Companies recommend that the Department confer with the
Department of Public Health in developing a standard form for Code violations under
105 C.M.R. §§.410.254 and 410.354 to be used by local boards of health in issuing Code
citations.
II. BACKGROUND
The Department's regulations at 220 C.M.R. §§ 29.00 et seq. establish procedures
for electric and gas companies to bill owners of residential rental property for utility
service billed to tenant customers where a Certifying Agency has issued a citation of a
violation of the Code for co-mingling of electric or gas service. 220 C.M.R. § 29.01.
When a utility company receives-a copy of a Code violation, the company, among other
things, determines whether the violation involves minimal or non-minimal use of utility
service. 220 C.M.R. § 29.06(1)(a). Minimal usage is associated with interior and/or
exterior common area illumination (excluding exterior flood lights), smoke, fire and/or
security alarms, door bells, cooking range, and common area electrical outlets; provided
that the Code violation does not also include wrongful connection of heating, air
conditioning, hot water heating, electric pumps, clothes dryer, refrigerator, or freezer.
220 C.M.R. § 29.08(1). Where there is a minimal use Code violation, the utility
company bills the property owner$10.00 per month for the retroactive period of the Code
violation. In instances of non-minimal use Code violation, the utility company bills the
property owner for the full electric or gas usage in the tenant dwelling unit for a
2
i
Rec Land Index by Name -Search Results Page 1 of 1
Barnstable County Registry of Deeds John F. Meade
Land Records List by Name
Search name: CID-HOGAN ROSE
Gtors/Gtees: All Parties
Town: *All
Document types: *ALL
Database searched: Land Document Index from Jan 1,2000 thru Nov 1,2010
<PrevrousNext> Show Print Cart` Uens Cu Year Pnnt Listrn Land Oourt x Rec Lnd Flans
Full Name Document Desc Town
Reverse Party Document Type bate Recvd Book-Page
CID
HOGANOGOHNRORE (Gtee) AttaALLchment EAL STATE 09-25y2006 21376-100 .
CID HOGAN, ROSE (Gtee) 19139/19 Barnstable o —
HOGAN, JOHN FIR Court Order Conveying 04-23-2008 22853 63
CID HOGAN, ROSE (Gtee) 19139/19 Dennis 22853 63 $
HOGAN, JOHN F JR Court Order Conveying 04-23-2008CID
HOGANOGOHNROSRE (Gtee) Cour/46 t Order Conveying 04r2320108 22853-63 ,c ;
CID HOGAN, ROSE (Gtee) 3799/46 Dennis 4 M 3.
HOGAN, JOHN FIR Court Order Conveying 04-23-2008 22853-63
CID HOGAN, ROSE (&O) (Gtor) UNITS 1 4 Barnstable 23041 261 ($ . ` —
Notice 07-14-2008 1 s -c
CID HOGAN, ROSE (&O) (Gtor) Am UNITS 1-4 endment Barnstable
10 2008 23259-106 LLWCID „
HOGAN,GOHNROSE (Gtee) UNITDeeds 1 4 BLDG A Barnstablez9 23483-63 e°
4�_11 Q
CID HOGAN, ROSE (Gtee) 16 312/43 Dennis 23808-42 A —
HOGAN, JOHN F JR Deed 06-16-2009 ,s c
CID HOGAN, ROSE (&O) (Gtor) UNIT 2 Barnstable B 187.
_ -
Notice 08-10-2009 23954-345
More names may be available
<Pre
vlous, A how,Prin t_0art Dens Curr Yeas, Pnnt`Lstm Land Court . RecLnd Plans„
_ 3w ., 9
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Ln Postage $ ? S
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PS Form 3811','Addusi not Domestic Return Receipt 102595-02-M-15401
UNITED STATES POSTAL SEEIRVIG.F—f- First-Class Mail
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Sender: Please ph tyqu e, address, and ZIP+4 in this box
Public NoWM Dlvbim
Town of Bamstable
200 Main St
Hyannis, Massachuseft 02601
• r
s ;
Certified Mail#7003 1680 0004 5458 2346
�agzrcry Town of Barnstable
Regulatory Services
t Thomas F. Geiler,Director
ia .
„ Public Health Division
Thomas McKean,Director D`�"J 64,
2.00 Main Street, Hyannis, MA 02601 3�„)- 7'16l
Office: 508-862-4644 � Fax: 508-790-6304
June 16, 2004
Daniel M. Griffin Jr. ' � �� n„w��� ti 4,r II
346 Riverview Lane To
Centerville, MA 02649 1�n> r Q ^yy re �� ! �11 p Q uiCA
M. ev,c � qb���., Any�YPr Itit•�1�/`Q. ll L�v,j v
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II
- MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND ARTICLE
51 OF THE TOWN RENTAL ORDINANCE.
The property owned by you located at 48 Camp Street, Apt. 3, Hyannis, was inspected on June
14, 2004 by David Stanton R.S., Health Inspector for the Town of Barnstable, because of a
complaint.
The following violations of the State Sanitary Code were observed:
105 CMR 410.256: Temporary Wiring: Temporary wiring is being used to connect the
refrigerator to the electrical outlet in the kitchen.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements: The kitchen
ceiling has a leak'in it with water damage present.
105 CMR 410.501(C): Weather tight Elements: The living room window is not weather tight.
Rain leaks through the window because the window does not close properly at the bottom.
105 CMR 410.351(A): Owner's Installation and Maintenance Responsibilities: There is
steam damage in the living room near the radiator, where the pipe leaks steam from the
basement.
It is also noted that there is a complaint of lack of sufficient heat in the winter because of
inoperable radiators. You are reminded that per 105 CMR 410.201: Temperature Requirements:
effective September 16th through June 14th of each year that you maintain a temperature of 68
degrees F. during the day and 64 degrees F at night.
You are directed to correct the violations listed above within Thirty (30) Days of your
receipt of this notice, by installing a permanent electrical outlet closer to the refrigerator,
or by moving the refrigerator so that temporary wiring is not used, by eliminating the
route of entry for the cause of the water damage in the kitchen ceiling, by repairing the
Q:Order letters/Housing violationsn48 camp st,apt 3#2.doc
living room window so that!it closes tightly at the bottom and is weather tight, and by
repairing the pipe that causes the steam leak in the living room.
You are further directed to ensure that the heating system is operational prior to the start
of the heating season beginning September 16,2004.
You may request a hearing before the Board of Health if written petition requesting same is
received within ten(10) days after the date the order is served.
Non-compliance ,could result in a fine of $100.00 per violation. Each day's failure to comply
with an order shall constitute a separate violation.
PER ORDE OF THE BOARD OF HEALTH
omas A. McKean, R.S.
Director of Public Health
Town of Barnstable
Cc: Gordon Baker, Tenant
Arlene,NOAH Shelter
Q:Order letters/Housing violations/748 camp st,apt 3#2.doc
Health Complaints
15-Jun-04
Time: 9:38:00 AM Date: 6/7/2004 Complaint Number: 17471
Referred To: DAVID STANTON Taken By: DENISE WITTER
Complaint Type: GENERAL
Article X Detail: ILLEGAL OPERATIONS
Business Name:
Number: 48 Street: Camp St Apt 3
Village: HYANNIS Assessors Map_Parcel:
Complaint Description:
Had little to no heat over
the winter. Only two radiators work in the r .
building. Cant control heat in their own t
apartments. The thermostat is in the front
upstairs apartment and the residents cant get to ���
it. The roof over the kitchen ceiling has been
leaking for over a year. The ceiling is sagging
and paint is falling off. The window in the living �C
room doesn't close right..they have to keep a
towel in it to close the crack where the window
doesn't close right. They don't have a range
hood in the kitchen. The refrigerator is
supposed to have a direct plug but its on an
extension cord. There asbestos covered pipes
in the basement right under their apartment.
Landlord is McRealty Trust--owned by Danny
Griffin. Complainant said if the inspector came
out later in the week that would work better for
him. Complainant would like to be notified
before inspector goes out so complainant can
be there.
Actions Taken/Results: DS CALLED AND LEFT A VOICEMAIL ON
6/7/04. NO RETURN CALL RECEIVED YET.
1
Health Complaints
15-Jun-04
TENANTS CAME INTO OFFICE ON 6/10/04,
DS LET TM KNOW THAT WE COULD NOT
MAKE IT THERE UNTIL THE FOLLOWING
WEEK, AS WE ARE BOOKED UP WITH
OTHER INSPECTIONS. DS WENT TO SAID
LOCATION. SEVERAL PHOTOS ON FILE.
AN ORDER LETTER WILL BE SENT WHEN
DS GETS A CHANCE TO WRITE ONE.
INSPECTION REPORT ON FILE AS WELL.
Investigation Date: 6/14/2004 Investigation Time: 2:15:00 PM
2
TOWN OF BARNSTABLE
BOARD OF HEALTH
ARTICLE II:MINIMUM STANDARDS FOR HUMAN HABITATION
Date
Owner L�tlfphinoA/1 Tenant U4 Deg
Address Address 1. fn f
Compliance Remarks or
Regulation# Yes No Recommendations
2. Kitchen Facilities Q,! R� �/► °t X'Qv►Sf7J1 C6
3. Bathroom Facilities X
4. Water Supply
.5. Hot Water Facilities
6. Heating Facilities 44�
7. Lighting and Electrical Facilities
8.- Ventilation
9. Installation and Maintenance of Facilities k` tr CA1/I
10. Curtailment of Service �(
11. Space and Use X
12. Exits
13. Installation and Maintenance of Structural
Elements -e.6i
14. Insects and Rodents
15. Garbage and Rubbish Storage and Disposal \f
16. Sewage Disposal
17. Temporary Housing /1
PART II
37. Placarding of Condemned Dwelling;
Removal of Occupants; Demolition
1
Person(s) Interviewed Inspector R _
If Public Building such as Store or Hotel/Motel specify here
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Health Complaints
15-J u n-04
Time: 9:38:00 AM Date: 6/7/2004 Complaint Number: 17471
Referred To: DAVID STANTON Taken By: DENISE WITTER
Complaint Type: GENERAL
Article X Detail: ILLEGAL OPERATIONS
Business Name:
Number: 48 Street: Camp St Apt 3
Village: HYANNIS Assessors Map_Parcel:
Complaint Description:
Had little to no heat over
the winter. Only two radiators work in the
building. Cant control heat in their own
apartments. The thermostat is in the front
upstairs apartment and the residents cant get to
it. The roof over the kitchen ceiling has been
leaking for over a year. The ceiling is sagging
and paint is falling off. The window in the living
room doesn't close right..they have to keep a
towel in it to close the crack where the window
doesn't close right. They don't have a range
hood in the kitchen. The refrigerator is
supposed to have a direct plug but its on an
extension cord. There asbestos covered pipes
in the basement right under their apartment.
Landlord is McRealty Trust--owned by Danny
Griffin. Complainant said if the inspector came
out later in the week that would work better for
him. Complainant would like to be notified
before inspector goes out so complainant can
be there.
Actions Taken/Results: DS CALLED AND LEFT A VOICEMAIL ON
6/7/04. NO RETURN CALL RECEIVED YET.
1
Health Complaints
15-Jun-04
TENANTS CAME INTO OFFICE ON 6/10/04,
DS LET TM KNOW THAT WE COULD NOT
MAKE IT THERE UNTIL THE FOLLOWING
WEEK, AS WE ARE BOOKED UP WITH
OTHER INSPECTIONS. DS WENT TO SAID
LOCATION. SEVERAL PHOTOS ON FILE.
AN ORDER LETTER WILL BE SENT WHEN
DS GETS A CHANCE TO WRITE ONE.
INSPECTION REPORT ON FILE AS WELL.
Investigation Date: 6/14/2004 Investigation Time: 2:15:00 PM
2
RECEIVED
David Stanton JUL 13 2004 Friday, July 09, 2004
Barnstable Board of Health
200 Main Street TOWN OF BARNSTABLE
Hyannis, MA 02601 HEALTH DEPT.
Dear David,
As I have discussed with you via voicemail I had been in the process of evicting
Mr. Baker from 48 Camp Street Unit 3 when he contacted you for an inspection. As I
have told you I am more than willing to fix any problems the unit may have and have
tried to do such since your letter. My staff called Mr. Baker repeatedly to gain access
between the 18'h and the 22nd of June with no response from Mr. Baker. The repairs
mentioned in your report'are all news to me as Mr. Baker has never mentioned any of
them before. Furthermore,II had agreed several times with Mr. Baker that he wouldfix
any leaks and in 6in,would receive a rent reduction. As evidenced from the unfinished
corner board outside his unit you can see that he did"not finish the job. Regarding the heat
issue, the complex has a new boiler and the thermostat was moved to the second level last
year to make sure the heat was evenly distributed throughout the building and I never had
any complaints prior to this one, ironically in the summer months.
I remain willing to fix any problem with the unit but feel due to the circumstances (Mr.
Baker's uncooperative position and the impending eviction) I feel it is best to wait until
the unit is unoccupied. I will also forward the information to my attorney Dan Creedon
who is handling the eviction: Thanks for your understanding in this matter..
Sincerely,
Danny Griffin
Trustee, MC Realty Trust
Cc Dan Creedon, attorney
'i<< ..
07/08/2004 12:44 5087900688 DAN CREEDON ESQ PAGE 01/01
DANIEL M. CREEDON, III, P.C.
ATTORNEY AT LAW
45D SOUTH STREET
HYANNIS,MASSACHUSETTS 02601
(508) 790-2221
PAX(508)7904888
dhcr#*dpnQs vcdzon.nat
June 1,2004
via in-hand delivery
Mr.Gordon Baker
48 Camp Street,Unit 3 T TY-DAY NOTICE TO QUIT
Hyannis,MA 02601
Re: 48 Camp Street,Unit 3
Hyannis,MA
Dear Mr.Baker:
This is a Thirty(30)Day Notice to Quit. You are hereby notified to quit,deliver up and
vacate the above-referenced premises. You are hereby notified that you arc to deliver up and
vacate the said premises on or before July 1, 2004 and that,pursuant to this Notice,your tenancy
will terminate on that day. Demand is also made of you to pay all amounts due and owing for
rent up to July 1,2004 and use and occupancy after July 1,2004 from now until you vacate said
premises,that all such amounts shall be accepted by the owner with full reservation of rights and
that such acceptance will not create any new tenancy or extend any existing tenancy that you may
have.
If you do not vacate the premises on or before July 1, 2004, this office will commence
summary process proceedings against you for possession and to recover judgment for any and all
unpaid rents,use and occupancy and other damages due my client.
Thank you for your kind attention to this tier.
Very truly s,
aniel M.Creedon,11I
�J 69) �ovy.
6
i
Danny Griffin Real Estate, Inc.
1436 lyannough Road
Suite 2
Hyannis, MA 026010.37
�.
S�._7sf�lLED FRCN�1�il' tlNlS MBi; 6`0 .p-
Town of Barnstable
Board of Health
Attention: David Stanton
200 Main Street
Hyannis, MA 02601
1 � � 1 Ilt ! �111� }}}i}}i?} 1 }1 �1 } )) 1 }} }} }
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FRIEDLINE& CARTER ADJUSTMENT, INC.
436 Main Street, P. O. Box 338
Hyannis, Massachusetts 02601
Tel. (508) 771-3232
FAX (508) 790-2344
TO: ( ) Building Commissioner or Inspector of Buildings
.-- Board of Health or Board of Selectmen
O Fire Department
TOWN OF Barnstable
TOWN HALL
Hyannis, MA., MA
RE: Insured: COLLARES,Taelese/COLLA, Boris
Property Address: 48 Camp St.,Apt. 13
Hyannis, MA
Policy Number: H00206481
Type of Loss: Water
Date of Loss: 10/17/02
File#: 94754
Claim has been made involving loss, damage or destruction of the above captioned
property, which may either exceed $1,000.00 or cause Mass. General Laws, Chapter 143,
Section 6 to be applicable. If any notice under MGL, Ch. 139, Sec. 3B is appropriate,
please direct it to the attention of this writer and include a reference to the captioned
insured, location, policy number, date of loss and file number.
On this date, I caused copies of this notice to be sent to the persons named above at the
addresses indicated above by First Class Mail.
J. F. MCNAMARA
Adjuster
11/1/02
iMMD
. ..- • . ...
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O' Postage
03
� Certified Fee �, 16 r Return Receipt Fee Here
m (Endorsement Required) , U
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0 (Endorsement Required) ✓�
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.U Sent To
o tree
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t,Apt.No.;or PO Box o. ,
C3 ty Sta N te, I +4
Certified Mail Provides: �•
o A mailing receipt
n A unique identifier for your mailpiece
o A signature upon delivery
o A record of delivery kept by the Postal Service for two years
Important Reminders:
o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail.
o Certified Mail is not available for any class of international mail.
n NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables,please consider Insured or Registered Mail.
• For an additional fee,a Return Receipt may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811�to the article and add applicable postage to cover the
fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
o For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent.Advise the clerk or mark the mailpiece with the
endorsement"Restricted Delivery".
o If a postmark on the Certified Mail receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT:Save this receipt and present it when making an inquiry.
PS Form 3800,May 2000(Reverse) 102595-99-M-2087
.:,.
&J-NDERT:-COMPLETE THIS SECTION COMPLETE THIS4
�■ N DELIVERY
Complete items 1,2,and 3.Also complete Meceived by(Plea ttlearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. [ll
■ Print your name and address on the reverse t
so that we can return the card to you. . C. Sign ui
■ Attach this card to the back of the mailpiece, ❑Agent
or on the front if space permits. ❑Addressee
Is delivery adLaddress
? El Yes
1. Article Addressed to:
If YES,enter2 ❑ No
(�1�c
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Certified Mail ❑3_Express Mail
❑ Registered Er Return Receipt for Merchandise
sured Mail ❑C.O.D.
4. �estrited Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label) I
f;d is
Ps Form 3811,'July 1999I 111 i 111111 IDomep�e{yesti n,Re�,eipt I 102595.00-M-0952
UNITED STATES PL3WLRWV ? ll ?M! < « 111111 11 First-class Mai
' Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
f toorowemn gUUeAH
IS OOZ
OWMIO U4\0l
*Pr
Town of Barnstable
Regulatory Services
�F1HE 1p�
Thomas F.Geiler,Director .
Public Health Division
BasxsrABUL
MASS' Thomas McKean,Director
AtF1639.3°` 200 Main Street, Hyannis,MA 02601
Fax: .3vo iyv-o.)v,+
Office: 508-862-4644
March 1,2002
Mr.Daniel Griffin Jr.
MCrealty Trust
38 Evelyn Rd.
Centerville,MA 02632
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00 STATE SANITARY
CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51
The property owned by you located at 48 Camp St.,Hyannis,MA was inspected on
January 18, 2002 by Edward F.Barry Health Inspector for the Town of Barnstable because of a
complaint.The following violations of 105 CMR 410.00,State Sanitary Code IL Minimum
Standards of Fitness for Human Habitation were observed:
410-201 The heat is not being maintained at a minimum day temperature of 68 degrees
fahrenheit and a minimum night temperature of 64 degrees fahrenheit.
You are also directed to correct the above listed violations within two (2) days of receipt of
this notice.
You may request a hearing if written petition requesting same is received by the Board of Health
within seven(7) days after the date order is received. However,this violation must be corrected
regardless of any request for a hearing.
Please be advised that failure to.comply with an order could result in a fine of not more than
$500. Each separate day's failure to comply with an order shall constitute a separate violation.
You are also subject to non criminal citations of$40.00 for the first violation and$15.00 for each
additional violation. Tickets will be issued daily until the violations are corrected.
PER ORDER OF HE BOARD OF HEALTH
f
Thomas A.McKean
Director of Public Health
CC:Ms. Doreen Potter
48 Camp St.
Hyannis,MA. 02601
Q/Health/W pfi les/Orderl et/Gri Mn/fs
N> `
Town of Barnstable
Regulatory Services
F1HE 1p�
q, Thomas F.Geiler,Director
, ,STAB,E� Public Health Division
v� nines.039. Thomas McKean,Director
�0
200 Main Street, Hyannis,MA 02601
Fax: ivo iyv-o-iv,+
Office: 508-862-4644
March 1,2002
Mr.Daniel Griffin Jr.
MCrealty Trust
38 Evelyn Rd.
Centerville,MA 02632
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY
CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51
The property owned by you located at 48 Camp St.,Hyannis,MA was inspected on
January 18, 2002 by Edward F.Barry Health Inspector for the Town of Barnstable because of a
complaint. The following violations of 105 CMR 410.00, State Sanitary Code H,Minimum
Standards of Fitness for Human Habitation were observed:
410-201 The heat is not being maintained at a minimum day temperature of 68 degrees
fahrenheit and a minimum night temperature of 64 degrees fahrenheit.
You are also directed to correct the above listed violations within two (2) days of receipt of
this notice.
You may request a hearing if written petition requesting same is received by the Board of Health
within seven(7) days after the date order is received. However,this violation must be corrected
regardless of any request for a hearing.
Please be advised that failure to.comply with an order could result in a fine of not more than
$500. Each separate day's failure to comply with an order shall constitute a separate violation.
You are also'subj ect to non criminal citations of$40.00 for the first violation and$15.00 for each
additional violation. Tickets will be issued daily until the violations are corrected.
PER ORDER OF HE BOARD OF HEALTH
Thomas A. McKean
Director of Public Health
CC: Ms. Doreen Potter
48 Camp St.
Hyannis,MA. 02601
Q/Health/W pfiles/Orderlet/Gri Mn/fs
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FORM30 �HW HOBBS&WARREN m THE COMMONWEALTH OF MASSACHUSETTS
BOARD
B " ( OF HEALTH
CITY/TOWN
DEPARTMENT
c ADDRESS �,•�•-• yy ., /'' / J
TELEPHONE �+
Address Ar r`7 .3 ss»',+d+,+_r Occupant_f r"� .F�.•� , �'_ �'`
Floor .?-- 1A1,V Apartment No. __ No.of Occupants__ _
No. of Habitable Rooms ' ___No.Sleeping Rooms
ing or roming units No.
Name wanld address of owner s' Stories
t T+�� .J t .��.'�/ �✓ +-max Ol/ �. � s �59:� sr'fr'r - f.�..yr i°Remarks / .Reg`Viol
YARD Out Bld s.: Fences'
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows.-
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys: /-� -; '- ko'i
Central ❑ Y ❑ N E ui . Re air t, f ,,&I
TYPE: Stacks, Flues,Vents:nAj
PLUMBING: Supply Line: 'rs pry.dam �'� �_ 'ix`7
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 ' Fusing,Grnd.:
AMP: „Gen. Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom
Pantry
Den
Living Room
Bedroom(1)
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin,Shower or Tub:
Infestation Rats, Mice, Roaches or Other:
Egress Dual and Obst'n:
General Building Posted �' �' �`� � �
Locks on Doors: Sr.
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR. (See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF PERJURY."
INSPECTOR.G» tars'Y,^ ( r1 f TITLE 1%f. �- 1 '�'i �•'�s
" -ATM.,
DATE TIME _ -* _ P.M.
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
4 �
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or
impair the heaith, or safety and well-being of a person or persons occupying the premises. This listing is composed of those
items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for
human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so
in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that
other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local
health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to
include affect the legal obligation of the person to whom the order is issued to comply with such order.
(A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary
needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
(B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as
prohibited by 105 CMR 410.200(B)and 410.202.
(C) Shutoff and/or failure to restore electricity or gas.
(D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com-
mon area required by 105 CMR 410.254.
(E) Failure to provide a safe supply of water.
(F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR
410.150(A)(1)and 410.300.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object,
including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452.
(H) Failure to comply with the security requirements of 105 CMR 410.480(D).
(1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar-
bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests
or otherwise contribute to accidents or to the creation or spread of disease.
(J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.)
(K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or
other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating,
gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352,
so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety.
(M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release
of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105
CMR 410.353.
(N) Failure to provide a smoke detector required by 105 CMR 410.482.
(0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any
defect which renders them inoperable.
(3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of
generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as
required by 105 CMR 410.503(A)and 410.503(B).
(5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
(P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0) shall be deemed to be a con-
dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner
to remedy said condition within the time so ordered by the Board of Health.
,t
Health Complaints
28-Nov-01
Time: 7:00:00 PM Date: 11/25/2001 Complaint Number: 3181
Referred To: DAVID STANTON Taken By: DAVID STANTON
Complaint Type: Fuel odors
Article X Detail:
Business Name:
Number: 48 Street: Camp St
Village: HYANNIS Assessors Map-Parcel:
Complaint Description: Complaint of gas odors by tenants
Actions Taken/Results: Captain Farrenkopf was on the scene. Fire
department notified Keyspan gas to fix natural
gas leak. Fire department removed shrubs in
way of gas leak. The property was just
converted to a natural gas furnace, and the old
oil tank is still in the basement. The basement
had odors of the oil, and upon inspection, it
appears that the oil company over filled the
tank, as depicted in the photos(3 total) There
also appeared to be a slow leak on the tank
that has been occurring for some time at the
bottom of the tank. There was a little bit of oil
on the floor. The property manager is going to
have the old tank pumped and removed. There
was also some furniture piled up in the
basement that they are going to remove. The
property manager wasn't aware of this furniture,
and thought the tenants may have placed it
there. He will install a new lock on the
bulkhead to keep this from occurring in the
future. It previously was locked, but someone
had broken the lock.
1
T �
Health Complaints
28-Nov-01
Investigation Date: 11/25/2001 Investigation Time: 7:00:00 PM
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CONDOMINIUM LIEN CERTIUICATE
48 CAMP STREET CONDOMINIUM ASSOCIATION
The undersigned Trustee of the 48 Camp Street Condominium Trust,under a
Declaration of Trust dated August 27, 1985,recorded with the Barnstable County
Registry of Deeds on August 28, 1985 as document No. 49561 hereby certify in
accordance with G.L.c. 183A,s. 6(d),that there are no common expenses assessed and
payable against Unit 1 l of the 48 Camp Street Condominium Trust as of this date, which
\� are unpaid.
,k O Witness our hands and seals this day March 7,2000.
Tru tee Kcahleeo, Care
COMMONWEALTH OF MASSACHUSETTS
c�
BARNSTABLE, SS Date bd
Then before me personally appeared the above named Trustee,to me personally
known, who being by me duly sworn, did say that he is the I'ru tee of the 48 Camp St.
+ Condominium Trust identified above and di kn led e i ins ment to be his free
act and will as Trustee as aforesaid.
Mr cer"414kmn EePirec Deceml er 28,2001
Notary Public
My Commission Expires
J. 1 '.
BARNSTABLE REGISTRY OF DEEDS
Bk 13642 Pgi67 034432
- 05-17-2001 0 02136p
MC REALTY TRUS1
J)IRECTION OF BENEFICIARIES
We, the undersigned, being the holders of 100% of the beneficial interests under the MC
Realty Trust, under declaration of trust dated October 12, 1995 and recorded with the
Barnstable County Registry of Deeds in Book 9881, Page 236 do hereby certify, under the
pains and penalties of perjury,the following;
I) We have authorized and directed Glenn E. Tobin,the sole incumbent Trustee
of this Trust: (1) to borrow $225,000.00 from Cape Cod Bank & Trust
Company, N.A. and to execute a note and mortgage therefore pledging the
premises known as 48 Camp Street, Units #1-6, Hyannis, MA as collateral
therefore; (2) to purchase the property located at and known as 445 South
Street, Hyannis, MA, a six-family property from Hyannis South Street Trust
for $305,000.00 consideration; (3) to execute a further note and mortgage to
borrow an additional $225,000.00 from the same lender to accomplish the
purchase of the said 445 South Street and pledging that premises as collateral
therefore; (4) to execute such other agreements, instruments and documents
as he deems necessary in order to effectuate said transactions, including,
without limitation: mortgages, assignments, pledges and/or security interests;
and
2) No beneficiary of this Trust is a minor, a corporation selling all or
substantially all of its Massachusetts assets,or a personal.representative of an
estate subject to estate tax liens, or is now deceased or under any legal
t disability.
Executed as a sealed instrument this L( 'b day of Ma 42001. -
T bin
i
Daniel M.Ariffin,Jr.
COMMONWEALTH OF MASSACHUSETTS
Barnstable,SS.
Then personally appeared the above-named, Gle in and Daniel M. Griffin, Jr. and
acknowledged the foregoing instrument to b eir free d eed
Before me
Notary Public
My commission expires:
BARNSTABLE REGISTRY OF DEEDS
7 i
Bk 19139 PS 16 -0.80590
PARTIAL DISCHARGE OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS
THAT
GLENN E. TOBIN of 268 Parker Road, Osterville, MA, the Mortgagee in a certain
Mortgage given by DANIEL M. GRIFFIN, JR. AND MC REALTY TRUST to the said GLENN
E. TOBIN dated February 27, 2003 in the original principal amount of
$100,000.00 and recorded in the Barnstable Registry of Deeds on September 26,
2003 in Book 17711, Page 88, and not further assigned of record,
for consideration paid, hereby partially discharges and releases to MC REALTY
TRUST, and all those claiming title by, through or under said mortgagors as
their respective interests may appear, all interest acquired under said
mortgage in the following described portions of the mortgaged premises:
48 Camp Street, Units 1-6, Hyannis, Massachusetts
which portion of the mortgaged premises is referred to more particularly as
Parcel II in the above said mortgage.
But this release shall not in any way affect or impair the right to hold under
the said mortgage and as security for the sum remaining due thereon, or to sell
under the power of sale in said mortgage contained, all the remainder of the
premises therein conveyed and not hereby released, which remainder is referred
to more particularly in said mortgage as Parcel I.
Property Address: 46 Camp Street, Units 1-6, Hyannis, MA.
Witness my hand and seal this day of October, 2004.
LENN E. TOBI
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this day of October, 2004, before me the undersigned notary
public, personally appeared Glenn E. Tob pro to me through satisfactory
evidence of identification, which wa river's lic to be the person whose
names is signed on the precedi document, ackno aedq to me that he
,signed it voluntarily for its s ted purpose.
Daniel M. 'Creedon, III, btary Public
My commission expires: 4/14/2011
DANIEL M.CREEDON,III
NOTARY PUBW
COMMONWEALTH OF MA38ACHUSETTM
MY COMMISSION EXPIRES APWL 14,2011
BARNSTABLE REGISTRY OF DEEDS
B,k 19139 Pa 19 80593
10-1 5—?004 a 02 :58cy
CONDOMINIUM UNIT DEED
We,.GLENN E. TOBIN AND DANIEL M. GRIFFIN, JR., TRUSTEES OF MC REALTY
TRUST u/d/t dated October 12, 1995 and recorded with the Barnstable County Registry of
Deeds in Book 9881,Page 236 with an address of 22 Kalmia Road,Centerville,Massachusetts
in consideration of One Hundred and Three Thousand Nine Hundred and No/100 ($103,900.00)
Dollars,
grant to JOHN&OGAN of 48 Camp Street,Unit 1,Hyannis,Massachusetts
with quitclaim covenants
Unit I and Unit 4, Building A of the 48 Camu Street Condominium (the "Units") in the
Condominium known as 48 Camp Street Condominium (the "Condominium") situated at 48
Camp Street, Hyannis, Town and County of Barnstable, Massachusetts as created by a Master
Deed (the "Master Deed") dated December 5, 1985 and recorded with Barnstable County
Registry of Deeds in Book 4830, Page 300, as amended by the First Amendment and
Substitution of the 48 Camp Street Professional Condominium dated March 20, 1987 and
recorded in said Registry in Book 5624, Page 135, as further amended in Book 6019, Page 68,
together with the undivided interests appertaining to said Units in the common areas of said
Condominium, all as shown on a plan recorded with said First Amendment and Substitution in
Plan Book 430, Pages 86 and 87, and subject to and with the benefit of the provisions of said
Master Deed as amended in accordance with the provisions of G.L. c. 183A.
The Units conveyed are laid out as shown on a plan recorded with the first unit deed, which is a
copy of a portion of the plan filed with the Master Deed, and to which is affixed a verified
statement in the form provided for in Section 9 of Chapter 183A of the General Laws of the
Commonwealth of Massachusetts.
The Units are conveyed subject to and with the benefit of the provisions of G.L. c. 183A, as
amended from time to time, the Master Deed referred to above, as amended and the 48 Camp
Street Professional Condominium Trust dated December 5, 1987, and recorded in said Registry
in Book 4830, Page 319, as amended by 48 Camp Street Condominium Trust dated March 20,
1987, and recorded in said Registry in Book 5624, Page 159, and the by-laws and rules and
regulations from time to time adopted thereunder, and all matters of record stated or referred to
in the Master Deed as completely as if each were fully set forth herein.
The Units have the exclusive right and easement to use those portions of the common areas
appurtenant to the units as provided in said Master Deed, as amended.
The post office address of Units 1 and 4 is: 48 Camp Street,Hyannis,MA 02601.
For title see Deed recorded in Book 9881,Page 248
We, the undersigned, being the incumbent Trustees of MC Realty Trust, under declaration of
trust dated October 12, 1995 and recorded with the Barnstable County Registry of Deeds in Book
9981, Page 236 do hereby certify, under the pains and penalties of perjury, the following: 1) we
are the incumbent Trustees of said Trust; 2) said Trust has not been terminated, amended or
Bk 19139 Pg 20 #80593
revoked and remains in full force and effect as originally executed and recorded as described
above; 3) we, as Trustees of said Trust, have been authorized and directed by all of the
beneficiaries of said Trust: (a)to sell Units 1 and 4 to John Hogan for the sum of$103,900.00(b)
to execute the within deed and any other agreements, instruments or documents as we deem
necessary in order to effectuate said transaction; and 4)no beneficiary of this Trust is a minor, a
corporation selling all or substantially all of its Massachusetts assets, or a personal representative
of an estate subject to estate tax liens, or is now deceased or under any legal disability.
Executed as a sealed instrument this l / day of ,
2004.
tti5
DANIEL M.GRIFFIN,JR.,TRUSTEE
OF MCREALTY TRUST
E. B ,TRUSTEE OF
MCREALTY TRUST
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,SS.
On this day of October, 2004, before me the undersigned notary public, personally
appeared Daniel M. Griffin,Jr. and Glenn E. Tobin,Trustees as aforesaid, proved to me through
satisfactory evidence of identification, which was d ' ' cense, to be the persons whose
names are signed on the preceding do=Creedon,
me that they signed it
voluntarily for its stated purpose.
, ry Public
My commission expires: 4/14/2011
00°0061ECITs :suci.a LT L'.uk .J'
£b OR ='aEI t 45 T T I i 1 DANIEL M.CREEDON,III
w d85: 0 0 00�-S T 0 T :�+�u,�. NOTARY PUBLIC
S033i7 30 AaIST938 ),1Nf10:7 31dVISHNVI(3 COMMONWEALTH OFMAS>sAOItt=EM
XV]. 3SIJX3 A1! nG3 3TaVJ-SN`Vd MY COMMISSION EXPIRESAPWL14,2011
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BARNSTABLE REGISTRY OF DEEDS
r -
Bk 19139 P:919 80593
10-1 5-2004 ,a1 0`2 R 5 P
CONDOMINIUM UNIT DEED
We, GLENN E. TOBIN AND DANIEL M. GRIFFIN, JR., TRUSTEES OF MC REALTY
TRUST u/d/t dated October 12, 1995 and recorded with the Barnstable County Registry of
Deeds in Book 9881,Page 236 with an address of 22 Kalmia Road,Centerville,Massachusetts
in consideration of One Hundred and Three Thousand Nine Hundred and No/100 ($103,900.00)
Dollars,
grant to JOHN&OGAN of 48 Camp Street,Unit 1,Hyannis,Massachusetts
with quitclaim covenants
Unit 1 and Unit 4, Building A of the 48 Camp Street Condominium (the "Units") in the
Condominium.known as 48 Camp Street Condominium (the "Condominium") situated at 48
Camp Street, Hyannis, Town and County of Barnstable, Massachusetts as created by a Master
Deed (the "Master Deed') dated December 5, 1985 and recorded with Barnstable County
Registry of Deeds in Book 4830, Page 300, as amended by the First Amendment and
Substitution of the 48 Camp Street Professional Condominium dated March 20, 1987 and
recorded in said Registry in Book 5624, Page 135, as further amended in Book 6019, Page 68,
together with the undivided interests appertaining to said Units in the common areas of said
Condominium, all as shown on a plan recorded with said First Amendment and Substitution in
Plan Book 430, Pages 86 and 87, and subject to and with the benefit of the provisions of said
Master Deed as amended in accordance with the provisions of G.L. c. 183A.
The Units conveyed are laid out as shown on a plan recorded with the first unit deed, which is a
copy of a portion of the plan filed with the Master Deed, and to which is affixed a verified
statement in the form provided for in Section 9 of Chapter 183A of the General Laws of the
Commonwealth of Massachusetts.
The Units are conveyed subject to and with the benefit of the provisions of G.L. c. 183A, as
amended from time to time, the Master Deed referred to above, as amended and the 48 Camp
Street Professional Condominium Trust dated December 5, 1987, and recorded in said Registry
in Book 4830, Page 319, as amended by 48 Camp Street Condominium Trust dated March 20,
1987, and recorded in said Registry in Book 5624, Page 159, and the by-laws and rules and
regulations from time to time adopted thereunder, and all matters of record stated or referred to
in the Master Deed as completely as if each were fully set forth herein.
The Units have the exclusive right and easement to use those portions of the common areas
appurtenant to the units as provided in said Master Deed, as amended.
The post office address of Units 1 and 4 is: 48 Camp Street,Hyannis,MA 02601.
For title see Deed recorded in Book 9881,Page 248
We, the undersigned, being the incumbent Trustees of MC Realty Trust, under declaration of
trust dated October 12, 1995 and recorded with the Barnstable County Registry of Deeds in Book
9881, Page 236 do hereby certify, under the pains and penalties of perjury, the following: 1)we
are the incumbent Trustees of said Trust; 2) said Trust has not been terminated, amended or
Bk 19139 Pg 20 #80593
revoked and remains in full force and effect as originally executed and recorded as described
above; 3) we, as Trustees of said Trust, have been authorized and directed by all of the
beneficiaries of said Trust: (a)to sell Units 1 and 4 to John Hogan for the sum of$103,900.00(b)
to execute the within deed and any other agreements, instruments or documents as we deem
necessary in order to effectuate said transaction; and 4) no beneficiary of this Trust is a minor, a
corporation selling all or substantially all of its Massachusetts assets, or a personal representative
of an estate subject to estate tax liens, or is now deceased or under any legal disability.
Executed as a sealed instrument this / day of ,2004.
�tvS�
DANIEL M.GRIFFIN,JR.,TRUSTEE
OF MCREALTY TRUST
E. B ,TRUSTEE OF
MCREALTY TRUST
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,SS.
On this !L —day of October, 2004, before me the undersigned notary public, personally
appeared Daniel M. Griffin,Jr. and Glenn E. Tobin,Trustees as aforesaid, proved to me through
satisfactory evidence of identification, which was d ' cense, to be the persons whose
names are signed on the preceding document ackn agedme that they signed it
voluntarily for its stated purpose.
aniel M. Creedon, III,Notary Public
My commission expires: 4/14/2011
00"(106120T$ :suci.) LT"L2'z$ :aa•j
E6908 :;'OO £'46 T :T T{j DANIEL M.CREEDON,III
w089:Z0 e �00Z-9T--0 :al'oa NOTARY PUBLIC
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£6908 ":100 £t6T :4113
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BARNSTABLE REGISTRY OF DEEDS
Bk 19139 Fs 25 480597
10-15-2004
After Recording Return To:
Fidelity Mortgage,Inc.
1000 Woodbury Road PO Box 9009,Ste 300
Woodbury,NY 11797
Attention:Documentation Control Dpt.3rd floor.
[Space Above This Line For Recording Data]
MORTGAGE
LENDER: (Fidelity Mortgage,Inc.) LOAN#: 0102019320
NOMINEE: MERS, MIN Number#: 100076600000199376
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated October 14th, 2004,together
with all Riders to this document.
(B) "Borrower" is John F.Hogan.Borrower is the mortgagor under this Security Instrument.
(C) ''MERS" is Mortgage Electronic Registration Systems,Inc. MERS is a separate corporation
that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the
mortgagee under this Security Instrument. MERS is organized and existing under the laws of
Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026,
tel. (888)679-MERS.
(D) "Lender" is Fidelity Mortgage, Inc... Lender is a corporation or association organized and
existing under the laws of Delaware.Lender's address is 1000 Woodbury Road PO Box 9009, Ste
300 Woodbury,NY 11797.
(E) "Note" means the promissory note signed by Borrower and dated October 14th, 2004. The
Note states that Borrower owes Lender one hundred thirty thousand two hundred forty Dollars
(U.S, $130,240.00) plus interest. Borrower,has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than November 1 st,2034.
(F) "Property" means the property that is described below under the heading "Transfer of
Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and
late charges due under the Note, and all sums due under this Security Instrument,plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower:
❑ Adjustable Rate Rider Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ® Other(s)[specify]Rider to Security In-
1 1.4 Family Rider ❑ Biweekly Payment Rider strument
MASSACHUSETTS—Single Fanuly—Fannie Mae/Freddle Mae UNIFORM INSTRUMENT {MERS} Form 3022 1101 (page 1 ojl6pages)
Illlllllllll III1BIiIIIIIIIIIIIIIIIiIIli1111111111111IIIIIIVIIIIIIIIIIIII�li11111111�i��llfl
Bk 19139 Pg 26 #80597
Cn "Applicable licable Law" means all controlling applicable licable federal state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law)as well as
all applicable final,non-appealable judicial opinions.
(,i) "Community Association Dues,Fees,and Assessments"means all dues, fees,assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a
n t bit or credit an account. Such term includes but is not limited to
financial institution to ,
,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,
wire transfers,and automated clearinghouse transfers.
(L) "Escrow Items"means those items that are described in Section 3.
(NI) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation;.or (iv)
misrepresentations of,or omissions as to,the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on,the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and
its implementing regulation,Regulation X(24 C.F.R. Part 3500),as they might be amended from
time to time,or any additional or successor legislation or regulation that governs the same subject
matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions
that are imposed in regard to a"federally related mortgage loan" even if the Loan does not qualify
as a"federally related mortgage loan"under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii)the performance of Borrower's covenants and
agreements under this Security Instrument and the Note.
MASSACHUSETTS—Single Family--Fanale Mae/LYeMe Mac UNIFORM INSTRUMENT (MERS) Form 3022 1/01 (page 3 ojl6 pages)
Bk 19139 Pg 27 #80597
For this purpose,Borrower does hereby mortgage,grant and convey to MERS (solely as nominee
for Lender and Lender's successors and assigns)and to the successors and assigns of MERS,with
power of sale,the following described property located in the
County of BARNSTABLE
which currently has the address of 48 Camp Street Unit 2
Hyannis Massachusetts 02601 (Property Address):
Section: BUILDING A Block: Lot:
For title see deed to be recorded herewith.
TOGETHER WITH all the improvements now or hereafter erected on the property, and
all easements, appurtenances, and fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property." Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and
Lender's successors and assigns)has the right: to exercise any or all of those interests,including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of
Lender including,but not limited to,releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that the Property is
unencumbered,except for encumbrances of record. Borrower warrants and.will defend generally
the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
the Note and any prepayment charges and late charges due under the Note. Borrower shall also
pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
Instrument shall be made in U.S. currency. However, if any check or other instrument received
by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security
Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b)
money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality,or entity;or(d)Electronic Funds Transfer.
MASSACHUSETTS—Single Fatuity—Fannie Ma&Tnddle Mae UNIFORM INSTRUMENT (MESS) Form 3022 110, (page 3 of 16pag-)
i i
Bk 19139 Pg 28 #80597
Payments are deemed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not
obligated to apply such payments at the.time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2.Application of Payments or Proceeds. Except as otherwise described in this Section
2,all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Note; (b)principal due under the Note; (c) amounts due under Section
3. Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument,and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which-
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the repayment of the. Periodic
Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess
exists after the payment is applied to the full payment of one or more Periodic Payments, such
excess may be applied to any late chargeso due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items.'Borrower shall pay to Lender on the day Periodic
Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for
payment of amounts due for: (a)taxes and assessments and other items which can attain priority
over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments
or ground rents on the Property, if any; (c) premiums for any and all insurance required by
Lender under Section 5; and (d)Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with
the provisions of Section 10.These items are called"Escrow Items."At origination or at any time
during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under,
this Section. Borrower shall pay Lender the -Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items.
MASSACHUSETTS-Single Family—FannleMae/Freddie Mae UNIWRM INSTRUMENT (MERS) Form3022 1/01 (page4ofl6page)
I
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Bk 19139 Pg 29 #80597
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
pay directly,when and where payable,the amounts due for any Escrow Items for which payment
of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation
to make such payments and to provide receipts shall for all purposes be deemed to be a covenant
and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to
repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at
any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower
shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in.an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items,unless Lender pays Borrower.interest on the Funds and Applicable Law permits Lender to
make such a charge. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on
the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the
lien in amanner acceptable to Lender, but only so long as Borrower is performing such
agreement;(b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while
those proceedings are pending,but only until such proceedings are concluded; or(c)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument.
MMSACHUSUT94ingle Family—Fannle Mae/Freddie Mee UNIFORM INSTRUMENT (MERS) Form 3022 1101 (page S ofl6pages) ~
Bk 19139 Pg 30 #80597
If Lender determines that any part of the Property is subject to a lien which can attain priority
over this Security Instrument,Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a.one-time charge for a real estate tax verification
and/or reporting service used by Lender in connection with this Loan.
5. Property Insurance.Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage,"and any other hazards including,but not limited to, earthquakes and floods, for which
Lender requires insurance. This insurance shall be maintained in the amounts (including
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
receding sentences can change during the term of the Loan. The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in
connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur
which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency
in connection with the review of any flood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,
but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the
Property, against any risk, hazard or liability and might provide greater or lesser coverage than
was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold
the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
4 coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
MMSACHUSETTS—Single Family—Fannie Mrefflmddie Mac UNIFORM MSTRUW-NT (M M) Form 3022 1101 (page 6 ojl6 pages)
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Bk 19139 Pg 31 #80597
In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and
Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third
parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole
obligation of Borrower. If the restoration or repair is not economically feasible or Lender's
security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters.If Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and
settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument,and(b)any other of Borrower's rights (other than the
right to any refund of unearned" premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Note or this Security Instrument,whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections.Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of,the Property, Borrower shall be.responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or
restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such
repair or restoration.
MASSACHUSETTS—Single Family-JannieMadFreddle Mac UNWORM INSTRUMENT (MERS) Form3022 1N1 One7ojl6pago)
Bk 19139 Pg 32 #80597
Lender or its agent may make reasonable entries upon and inspections of the Property. If
it has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan.Material representations include,but are not limited to,representations
concerning Borrower's occupancy of the Property as Borrower's principal'residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's
interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy,probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to
protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,
including its secured position in a bankruptcy proceeding. Securing the Property includes,but is
not limited to,entering the Property to make repairs,change locks,replace or board up doors and
windows, drain water from.pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this
Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is .
agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee
title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance
in-effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be
available from the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower
of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender.
MASSACAUSErrS—Singlo Family—Annie MadFreddie Mae UNIFORM INSTRUMENT (MERS) Form3Q22 1N1 &We8oj16pa8es)
s
Bk 19139 Pg 33 #80597
If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
nonrefundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires)provided by an insurer selected by Lender again becomes available,
is obtained, and Lender requires separately designated payments toward the premiums for
Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan
and Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance
in effect, or to provide a nonrefundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender
providing for such termination or until termination is required by Applicable Law. Nothing in
this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to
time, and may enter into agreements with other parties that share or modify their risk, or reduce
losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer
and the other party (or parties)to these agreements. These agreements may require the mortgage
insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often
termed"captive reinsurance."Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to
pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not
increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle
Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has — if any — with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other law. These rights may include the right to receive certain disclosures,to request and
obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11.Assignment of Miscellaneous Proceeds; Forfeiture.All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
"SACHUSETPS—Single Family—Fannie Mael t_eddie Mae UNIFORM INSTRUMENT (MERS) Form 3022 1/01 (page 4 ojl6 pages)
Bk 19139 Pg 34 #80597
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or
in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If
.the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether
or not then due,with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether
or not then due,with the excess,if any,paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in
value is equal to or greater than the amount of the sums secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount
of the sums secured immediately before the partial taking,destruction,or loss in value divided by
(b)the fair market value of the Property immediately before the partial taking,destruction,or loss
in value.Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in
value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration.or
repair of the Property or to the sums secured by this Security Instrument,whether or not then due.
"Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Lender's judgment, could result in forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower
can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19,by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby
assigned and shall be paid to Lender.
MASSACIIUSET TS—Slagle Family--Fannie Mae/Freddle Mae UNIFORM INSTRUMENT (MZRS) Form 3022 1101 (page l0 ojl6pages)
Bk 19139 Pg 35 #80597
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest
of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest
of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or.remedy.
13.Joint and Several Liability; Co-signers;Successors and Assigns Bound.Borrower
covenants and agrees that Borrower"s obligations and liability shall be joint and several.
However, any Borrower who co-signs this Security Instrument but does not execute the Note (a .
"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument in writing, and is approved by
Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.
Borrower shall not be released from Borrower's obligations and liability under this Security
Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind(except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in
connection with Borrower's default,for the purpose of protecting Lender's interest in the Property
and rights under this Security Instrument, including,.but not limited to, attorneys' fees,property
inspection and valuation fees.In regard to any other fees,the absence of express authority in this
Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on
the charging of such fee. Lender may not charge fees that are expressly prohibited by this
Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and(b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge(whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
MASSACIIUSETTS—Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (HERS) Form 3022 1l01 (page 11 ofl6Mm)
Bk 19139 Pg 36 #80597
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time.
Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's
address stated herein unless Lender has designated another address by notice to Borrower. Any
notice in connection with this Security Instrument shall not be deemed to have been given to
Lender until actually received by Lender. If any notice required by this Security Instrument is
also required under Applicable Law, the Applicable Law requirement will satisfy.-the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument
shall be governed by federal law and the law of the jurisdiction in which the Property is located.
All rights and obligations contained in this Security Instrument are subject to any requirements
and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this
Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial-interest in the Property,
including,but not limited to,those beneficial interests transferred in a bond for deed,contract for
deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent,Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if
such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
MASSACHUSErrS—Single Family--Fennle MaefF eddie Mac UNIFORM INSTRUMENT (M M) Form 3022 1101 (page 12 ojl6Dages)
• Bk 19139 Pg 37 #80597
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant
to any power of sale contained in this Security Instrument; (b) such other period as Applicable
Law might specify for the termination of Borrower's right to reinstate; or(c) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'
fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting
Lender's interest in the Property and rights under this Security. Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights
under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as
if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance.The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note,this Security Instrument,
and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to
a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice
of the change which will state the name and address of the new Loan Servicer, the address to
which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan
Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and
are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any provision
of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has
notified the other party (with such notice given in compliance with the requirements of Section
15)of such alleged breach and afforded the other party hereto a reasonable period after the giving
of such notice to take corrective action. If Applicable Law provides a time period which must
elapse before certain action can be taken, that time period will be deemed to be reasonable for
purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower
pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
Section 20.
MASSACIIUSETTS Single Family—Fannie Mae/Freddle Mae UNIFORM INSTRUMENT (HERS) Form 3022 1/01 {page l3 ofl6 pagef)
Bk 19139 Pg 38 #80597
I `
21. Hazardous Substances.As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence,use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do,nor allow anyone else to do, anything affecting the Property(a)that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance or Environmental Law of which Borrower
has actual knowledge, (b) any Environmental Condition, including but not limited to, any
spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and(c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to
acceleration following Borrower's breach of any covenant or agreement in this Security
Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides
otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
which the default must be cured; and (d) that failure to cure the default on or before the
date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property.The notice shall further inform Borrower of the right
to reinstate after acceleration and the right to bring a court action to assert the
non-existence of a default or any other defense of Borrower to acceleration and sale.If the
default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the STATUTORY POWER OF SALE and any other
remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22,including, but not limited to,
reasonable attorneys'fees.and costs of title evidence.
MASSAGHUSETTS-8iugleFamily—FonnitMaeJFt'eddle Mae UNIFORM INSTRUMENT (MERS) Form3022 1/01 (pagel4ofl6pagev)
f
Bk 19139 Pg 39 #80597
If Lender invokes the STATUTORY POWER OF SALE,Lender shall mail a copy of
a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the
manner,provided by Applicable Law. Lender shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee
may purchase the Property at any sale. The proceeds of the sale shall be applied in the
following order: (a) to all expenses of the sale, including, but not limited to, reasonable
attorneys'fees; (b)to all sums secured by this Security Instrument;and(c) any excess to the
person or persons legally entitled to it.
23. Release.Upon payment of all sums secured.by this Security Instrument, Lender shall
discharge this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for
services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower waives all rights of homestead exemption in the.Property and
relinquishes all rights of courtesy and dower in the Property.
MASSACHUSETPS—Single Family-Fannie MadFreddie Mac UNIFORM INSTRUMENT (DIERS) . Form 3022 1101 (page is ajl6pages)
Bk 19139 Pg 40 #80597
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security , ent and in any Rider executed by Borrower and recorded with
it.
WITNESS ,
f
Seal
hn F.Hogan -Borrower
Seal
-Borrower
Seal
-Borrower
Seal
-Borrower
[Space Below This Line For Acknowledgement]
Commonwealth of Massachusetts
County: Barnstable SS:
On this 14th day of October,2004,before me,the undersigned notary public,personally
appeared John F.Hogan proved to me through satisfactory evidence of identification which
were driver's license ,to be the person whose name is signed on the preceding
or attached document,and who swore or affirmed to me that the contents of the document are
truthful and a b ate to the best of(his)(her)knowledge and belief
Notary P (SEAL)
lic rr'"""""'�+y
Steven J. izzuti 0gTEVee'* ,
My Commission Expires: 3/4/05 rVoo"
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MASSACRUSETTS—Smgla Family—Fannie Me/Freddie Mac UNIFORM INSTRUMENT (MERS) Form3022 1101 (pW16aj16pages)
f
Bk 19139 Pg 41 #80597
14 FAAHLY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 14th day of October,2004,and is incorporated into and shall be deemed
to amend and supplement the Mortgage, Deed of Trust,or Security Deed(the "Security Instrument") of the same
date given by the undersigned(the"Borrower")to secure Borrower's Note to Fidelity Mortgage,Inc.(the"Lender")
of the same date and covering the Property described in the Security Instrument and located at:
48 Camp Street Unit 2.Hyannis, MA 02601
1.4 FAMILY COVENANTS.In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A.ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.In
addition to the Property described in Security Instrument, the following items now or hereafter
attached to the Property to the extent they are fixtures are added to the Property description, and
shall also constitute the Property covered by the Security Instrument:building materials,appliances
and goods.of every nature whatsoever now or hereafter located in, on,or used,or intended to be
used in connection with the Property, including, but not limited to, those for the purposes of
supplying or distributing hearing,cooling,electricity,gas,water,air and light,fire prevention and
extinguishing apparatus;security and access control apparatus,plumbing,bath tubs,water heaters,
water closets,sinks,ranges,stoves,refrigerators,dishwashers,disposals,washers,dryers,awnings,
storm windows, storm doors,screens,blinds, shades, curtains and curtain rods, attached mirrors,
cabinets,paneling and attached floor coverings,all of which,including replacements and additions
thereto,shall be deemed to be and remain a part of the Property covered by the Security Instrument.
All of the foregoing together with the Property described in the Security Instrument (or the
leasehold estate if the Security Instrument is on a leasehold)are referred to in this 1-4 Family Rider
and the Security Instrument as the"Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek,
agree to or make a change in the use of the Property or its zoning classification,unless Lender has
agreed in writing to the change.Borrower shall comply with all laws,ordinances,regulations and
requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not
allow any lien inferior to the Security Instrument to be perfected against the Property without
Lender's prior written permission.
D.RENT LOSS INSURANCE.Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Section 5.
E."BORROWER'S RIGHT TO REINSTATE"DELETED.Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing,Section 6 concerning Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall
assign to Lender all leases of the Property and all security deposits made in connection with leases
of the Property. Upon the assignment,Lender shall have the right to modify,extend or terminate
the existing leases and to.execute new leases,in Lender's sole discretion.As used in this paragraph
G,the word"lease"shall mean"sublease"if the Security Instrument is on a leasehold.
MULTISTATE 14 FAMILY RIDER-Fanale MaelF reddle Mac UNIFORM INSTRUMENT Form 3170 1/0
l P033 7U p4g0F)
it lllll�llllllllllllllllllllllllilllll11111111111�11lflllll�Illlilllllllilllllflllllllllll 111
I
Bk 19139 Pg 42 #80597
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the
rents and revenues("Rents")of the Property,regardless of to whom the Rents of the Property are
payable.Borrower authorizes Lender or Lender's agents to collect the Rents,and agrees that each
tenant of the Property shall pay the Rents to Lender or Lender's agents.However,Borrower shall
receive the Rents until(i)Lender has given Borrower notice of default pursuant to Section 22 of the
Security Instrument and(ii)Lender has given notice to the tenant(s)that the Rents are to be paid to
Lender or Lender's agent.This assignment of Rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of default to Borrower:(i)all Rents received by Borrower shall be
held by Borrower as trustee for the benefit of Lender only,to be applied to the sums secured by the
Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the
Property;(iii)Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid
to Lender or Lender's agents upon Lender's written demand to the tenant;(iv)unless applicable law
provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the
costs of taking control of and managing the Property and collecting the Rents,including,but not
limited to, attorney's fees,receiver's fees,premiums on receiver's bonds,repair and maintenance
costs,insurance premiums,taxes,assessments and other charges on the Property,and then to the
sums secured by the Security Instrument; (v) Lender,Lender's agents or any judicially appointed
receiver shall be liable to account for only those Rents actually received;and(vi)Lender shall be
entitled to have a receiver appointed to take possession of and manage the Property and collect the
Rents and profits derived from the Property without any showing as to the inadequacy of the
Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument
pursuant to Section 9.
Borrower represents and wan-ants that Borrower has not executed any prior assignment of
the Rents and has not performed, and will not perform, any act that would prevent Lender from
exercising its rights under this paragraph.
Lender,or Lender's agents or a judicially appointed receiver,shall not be required to enter
upon,take control of or maintain the Property before or after giving notice of default to Borrower.
However,Lender,or Lender's agents or a judicially appointed receiver,may do so at any time when
a default occurs. Any application of Rents shall not cure or waive any default or invalidate any
other right or remedy of Lender.This assignment of Rents of the Property shall terminate when all
>;h Y � p rtY
the sums secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument and .
Lender may invoke any of the remedies permitted by the Security Instrument.
;BYASIGG BELOW,Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider.
(Seal)
gan AV -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
MULTISTATE 14 FAMILY RIDER—Fannie Maw7reddlo Mae UNIFORM INSTRUMENT Form 3170 1/01(page?oj1 pagan)
• Bk 19139 Pg 43 #80597
CONDOMINIUM RIDER
THIS CONDOMINIUM RIDER is made this 14th day of October, 2004, and is incorporated into and shall be
deemed to amend and supplement the Mortgage,Deed of Trust,or Security Deed(the"Security Instrument")of the
same date given by the undersigned (the "Borrower") to secure Borrower's Note to Fidelity Mortgage, Inc. (the
"Lender")of the same date and covering the Property described in the Security Instrument and located at:
48 Camp Street Unit 2,Hyannis, MA 02601
The Property includes a unit in, together with an undivided interest in the common elements of, a condominium
project known as:
48 CAMP STREET CONDOMINIUMS
[Name of Condominium Project]
(the"Condominium Project").If the owners association or other entity which acts for the Condominium Project(the
"Owners Association")holds title to property for the benefit or use of its members or shareholders,the Property also
includes Borrower's interest in the Owners Association and the uses,proceeds and benefits of Borrower's interest.
CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security
Instrument,Borrower and Lender finthher covenant and agree as follows:
A. Condominium Obligations. Borrower shall perform all of Borrower's obligations
under the Condominium Projects Constituent Documents.The "Constituent Documents" are the:
(i)Declaration or any other document which creates the Condominium Project; (ii)by-laws; (iii)
code of regulations;and(iv)other equivalent documents.Borrower shall promptly pay,when due,
all dues and assessments imposed pursuant to the Constituent Documents.
B. Property Insurance. So long as the Owners Association maintains,with a generally
accepted insurance carrier, a "master" or"blanket"policy on the Condominium Project which is
satisfactory to Lender and which provides insurance coverage in the amounts(including deductible
levels), for the periods, and against loss by.fire, hazards included within the term "extended
coverage,"and any other hazards,including,but not limited to,earthquakes and floods,from which
Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic
Payment to Lender of the yearly premium installments for property insurance on the Property;and
(ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property
is deemed satisfied to the extent that the required coverage is provided by the Owners Association
policy.
What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance
coverage provided by the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or repair
following a loss to the Property,whether to the unit or to common elements,any proceeds payable
to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by
the Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
C.Public Liability Insurance.Borrower shall take such actions as may be reasonable to
insure that the Owners Association maintains a public liability insurance policy acceptable in form,
amount,and extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct or
consequential,payable to Borrower in connection with any condemnation or other taking of all or
any part of the Property,whether of the unit or of the common elements,or for any conveyance in
lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be
applied by Lender to the sums secured by the Security Instrument as provided in Section 11,
MULTISTATE CONDOMINIUM RIDER—Single Family—Fannie Maefteddle Mac UNIFORM INSTRUMENT Form 3140 1101(page 1 of 2 pag®)
P03140
Bk 19139 Pg 44 #80597
E.Lender's Prior Consent.Borrower shall not,except after notice to Lender and with
Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the
abandonment or termination of the Condominium Project,except for abandonment or termination
required by law in the case of substantial destruction by fire or other casualty or in the case of a
taking by condemnation or eminent domain; (ii) any amendment to any provision of the
Constituent Documents if the provision is for the express benefit of Lender; (iii)termination of
professional management and assumption of self-management of the Owners Association;or(iv)
any action which would have the effect of rendering the public liability insurance coverage
maintained by the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay condominium dues and assessments when due,
then Lender may pay them.Any amounts disbursed by Lender under this paragraph F shall become
additional debt of Borrower secured by the Security Instrument.Unless Borrower and Lender agree
to other terms of payment,these amounts shall bear interest from the date of disbursement at the
Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium
Rider,
i
r- (Seel)
*HooFgjahft- -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
MULTISTATE CONDOMINIUM RIDER—Single Family—Fannie Maelbreddie Mae UNIFORM INSTRUMENT Form 3140 U01(page 2 oj3 pogn)
I
• Bk 19139 Pg 45 #80597
RIDER TO SECURITY INSTR UMENT
This rider supplements the attached Security Instrument ("Security Instrument;') dated October 14th, 2004. The
terms of this rider shall supersede any language to the contrary located in the attached Security Instrument or any
other document executed in connection with this transaction. This rider SHALL amply unless: 1)the Security
Instrument and/or Note are assigned to a government sponsored entity such as Fannie Mae or Freddie Mac
("GSEW')ad the provisions are not permitted by the GSE's;OR 2)the provisions are prohibited by applicable law.
If any provisions are prohibited the prohibited portions shall be removed,but the remaining terms shall be effective.
1)Prepayment penalty:Notwithstanding anything to the contrary In the Note regarding Borrower's Right to
Prepay,in the event the debt secured by the mortgage/security instrument is prepaid,the borrower will be
subject to a prepayment penalty as follows...
The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should such
prepayment be made within the fast three years from the date of the Ioan,there shall be paid to the holder of this
mortgage a sum equal to 5%of the amount prepaid.
2)Funds for Escrow Items: Said funds may be commingled with the funds of the Lender,and are not required to
be held in an institution whose funds are insured by a federal agency, instrumentality or entity, unless the law
requires otherwise.
3) Arbitration: The language in the Security Instrument does not supercede any contrary provisions in the
arbitration agreement dated the same date as this Security Instrument.
4)Bankruptcy: In the event that Borrower declares,Bankruptcy,Borrower shall be liable for all reasonable legal
fees and disbursements incurred by Lender to protect its interest or enforce its rights under the Note and Security
instrument. In the event that Borrower is permitted to cure a default to the Note and/or Security instrument pursuant
to the United States Bankruptcy Code(Title 11 U.S.C.or as otherwise codified)or other applicable law,the parties
hereto specifically agree that the amount necessary to cure the default shall include the sum of all the amounts past
due under the terms of the Note and/or Security instrument, including all principal, interest, late charges, and all
amounts advanced by Lender pursuant to the terms of the Note and/or Security instrument,including all attorneys'
fees and costs,plus interest on such sums calculated at the annual interest rate required by the Note and/or Security
instrument from the date on which Borrower elects to cure the default to the date on which the default is fully cured.
Nothing herein shall be construed to allow Borrower the right to cure any default of the Note and/or Security
instrument except as specifically authorized under the United States Bankruptcy Code (Title 11 USC or as
otherwise codified) or other applicable law.
S)Additional Charges:I agree to pay all reasonable charges in connection with the servicing of this loan including
but not limited to obtaining tax searches and bills, processing insurance loss payments, ownership transfers,
releases, easements, consents, extensions, modifications, special agreements, assignments, reduction certificates,
asset recovery,property inspection, and satisfaction of mortgage.In the event Borrower directs Lender to order any
reports, appraisals, searches,examinations and/or the like, I agree that the expense for same is to be added to the
balance of the existing Note/Security Instrument,if same is not paid within 30 days of written notification.
C21258 Page I of2
Bk . 19139 Pg 46 #80597
6) Fraud/misrepresentation: In the event that the premises suffer damages or the borrower(s)statements and/or
representations have been found to be false prior to the disbursements of funds,Lender in its sole discretion,may
cancel this loan and lender shall have no further obligations to the Borrower. Lender agrees that Lender will file a
Satisfaction of security instrument in the event this security instrument is filed with the applicable government's
clerk's office prior to cancellation by Lender,and borrower shall pay all costs of filing said security instrument and/or
satisfaction of security instrument.
'n Insufficient funds: In the event any check paid by Borrower to Lender is returned unpaid because of insufficient
funds,there shall be a charge assessed that will be the maximum permissible under applicable state Iaw. In that event
Lender may,at Lender's option,require bank or certified funds for each payment made thereafter.
8)Mailing of Notices: I hereby request that all notices are to be set to my primary residential address which is:
48 Camp Street, Unit 2, P.O. Box 1257, Ryannis, MA 02601
9)Borrower's compliance:Upon the request of Lender,its successors or assigns("Lender"),I shall:
a,furnish and execute any documents required by Lender to verify the truth and accuracy of any information I
provided in connection with my mortgage loan,including,but not limited.to:income,employment,deposit and
loan authorizations and verifications,income tax returns,and contracts and settlement statements for the sale of
other properties;
b.execute any document that should have been signed at or before the closing;re-execute any document signed
at or before the closing;and execute that which was incorrectly drafted and signed at the closing,including but
not limited to:correction notes,correction mortgages and other correction instruments;
c. furnish any documents required by, and comply with any conditions, work and/or certificates set forth in
Lender's appraisal report or commitment;
d. execute any additional documentation and provide any additional information required by the Lender to
facilitate the sale of the mortgage into the secondary mortgage market;
e. provide full cooperation of and compliance within five days of the making of Lender's requests, and
understand that the obligations hereunder shall survive the closing.
It is further agreed that failure to comply with the representations hereunder shall constitute a default under the note
and security instrument,and shall entitle the Lender,its successors or assigns to any and all of the remedies available
upon default under the note and/or security instrument, including collection of interest, attorney's fees, costs and
disburseme
o .Hog ATE
C21258 Page 2 d2
• Bk 19139 Pg 47 #80597
PROPERTY DESCRIPTION
The condominium unit situated in Barnstable(Hyannis),Barnstable County,
Massachusetts,and being Unit No. 2,Building A of the 48 Camp Street Condominium,
created by Master Deed dated December 5, 1985 and recorded with Barnstable County
Registry of Deeds in Book 4830 Page 300, as amended by the First Amendment and
Substitution of the 48 Camp Street Professional Condominium dated March 20, 1987,
and recorded in said Registry in Book 5624 Page 135 as further amended in Book 6019
Page 68,together with the undivided interests apperetaining to said Units in the common
areas of said Condominium, all as shown on a plan recorded with said First Amendment
and Substitution in Plan Book 430 Pages 86 and 87, and subject to and with the benefit of
the provisions of said Master Deed, as amended.
The post office address of Unit 2 is 48 Camp Street,Hyannis,MA 02601
The unit is laid out as shown on a plan recorded with said Master Deed and to which is
affixed a verified statement in the form provided in M.G.L. Chapter 183A s. 9.
Said units are conveyed subject to and with the benefit of(a)the obligations,restrictions,
rights and liabilities contained in General Laws Chapter 183A, as the same may now or
hereafter be amended; (b)the Master Deed,as amended; (c)the 48 Camp Street
Professional Condominium Trust dated December 5, 1985 and recorded in Book 4830
Page 319,as amended by 48 Camp Street Condominium Trust March 20, 1987 and
recorded in Book 5624 Page 159 and the by-laws and rules and regulations from time to
time adopted thereunder.
The units have the exclusive right and easement to use those portions of the common
areas appurtenant to the units as provided in said Master Deed, as amended.
BARNSTABLE REGISTRY OF DEEDS
i
Bk 20250 Po 154 4*,53514-
09--12-2005 a 03 = ?Qa
CONDOMINIUM UNIT DEED
We, GLENN E. TOBIN AND DANIEL M. GRIFFIN, JR., TRUSTEES OF MC REALTY
TRUST u/d/t dated October 12, 1995 and recorded with the Barnstable County Registry of
Deeds in Book 9881,Page 236 with an address of 22 Kalmia Road, Centerville,Massachusetts
in consideration of Three Hundred and Fifty Thousand and No/100($350,000.00)Dollars,
grant to A WOMAN'S CONCERN, INC., a Massachusetts corporation with a usual place of
business located at 1855 Dorchester Ave.,Dorchester,Massachusetts
with quitclaim covenants
Unih and Unit 6, Building A of the 48 Camp Street Condominium (the "Units") in the
Condominium known as 48 Camp Street Condominium (the "Condominium") situated at 48
Camp Street, Hyannis, Town and County of Barnstable, Massachusetts as created by a Master
Deed (the "Master Deed") dated December 5, 1985 and recorded with Barnstable County
Registry of Deeds in Book 4830, Page 300, as amended by the First Amendment and
Substitution of the 48 Camp Street Professional Condominium dated March 20, 1987 and
recorded in said Registry in Book 5624, Page 135, as further amended in Book 6019, Page 68,
together with the undivided interests appertaining to said Units in the common areas of said
Condominium, all as shown on a plan recorded with said First Amendment and Substitution in
Plan Book 430, Pages 86 and 87, and subject to and with the benefit of the provisions of said
Master Deed as amended in accordance with the provisions of G.L. c. 183A.
The Units conveyed are laid out as shown on a plan recorded with the first unit deed, which is a
copy of a portion of the plan filed with the Master Deed, and to which is affixed a verified
statement in the form provided for in.Section 9 of Chapter 183A of the General Laws of the
Commonwealth of Massachusetts.
The Units are conveyed subject to and with the benefit of the provisions of G.L. c. 183A, as
amended from time to time, the Master Deed referred to above, as amended and the 48 Camp
Street Professional Condominium Trust dated December 5, 1987, and recorded in said Registry
in Book 4830, Page 319, as amended by 48 Camp Street Condominium Trust dated March 20,
1987, and recorded in said Registry in Book 5624, Page 159, and the by-laws and rules and
regulations from time to time adopted thereunder, and all matters of record stated or referred to
in the Master Deed as completely as if each were fully set forth herein.
The Units have the exclusive right and easement to use those portions of the common areas
appurtenant to the unit as provided in said Master Deed, as amended.
`z Lo W—'S
The post office address of the unit is: 48 Camp Street,Hyannis,MA 02601.
For title see Deed recorded in Book 9881,Page 248
We, the undersigned, being the incumbent Trustees of MC Realty Trust, under declaration of
trust dated October 12, 1995 and recorded with the Barnstable County Registry of Deeds in Book
9881, Page 236 do hereby certify, under the pains and penalties of perjury, the following: 1) we
f
Bk 20250 Pg 155 #63514
are the incumbent Trustees of said Trust; 2) said Trust has not been terminated, amended or
revoked and remains in full force and effect as originally executed and recorded as described
above; 3) we, as Trustees of said Trust, have been authorized and directed by all of the
beneficiaries of said Trust: (a)to sell Unit 5 and Unit 6 to A Woman's Concern, Inc. for the sum
of $350,000.00 (b) to execute the within deed and any•other agreements, instruments or
documents as we deem necessary in order to effectuate said transaction; and 4)no beneficiary of
this Trust is a minor, a corporation selling all or substantially all of its Massachusetts assets,or a
personal representative of an estate subject to estate tax liens, or is now deceased or under any
legal disability.
Executed as a sealed instrument this day of ,2005.
OinL
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS 5
Date: 09-12-2005 1 03:29am
Ct14: 1947 Doc:: 63514 DANIEL M. GRIFFIN,JR.,TRUSTEE
Fee: $1,197.00 Cons: $350000.00 OF MCREALTY TRUST
BARNSTABLE COUNTY REGISTRYAOF DEEDS e—
j Date: 09-12-2005 00 03:29am GLENN E.TOBIN,TRUSTS OF
Ctl,L: 1947 Doc.: 63514 MCREALTY TRUST
i
FAP_: $798.00 Cons: $350r000.00
I
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,SS.
On this a day of September, 2005, b r� a undersigned notary..,,public,
personally appeared Daniel M. Griffin, Jr. an enn E. Tobin, T stew as aforesaid,
known to me to be the persons whose ames are signed a preceding d
acknowledged to me that they signed it oluntarily for it ated
D e . Creedon, III,Notary Publ J
My commission expires: 4/14/2011
DANIEL M.CREEDON,III
NOTARY PUBLIC
COMMONWEALTH OF NUarM
My COMMINION EX.PIRPA „14,2011
BARNSTABLE REGISTRY OF DEEDS
r
Bk 20250 Pg 155 #63514
are the incumbent Trustees of said Trust; 2) said Trust has not been terminated, amended or
revoked and remains in full force and effect as originally executed and recorded as described
above; 3) we, as Trustees of said Trust, have been authorized and directed by all of the
beneficiaries of said Trust: (a)to sell Unit 5 and Unit 6 to A Woman's Concern, Inc. for the sum
of $350,000.00 (b) to execute the within deed and any other agreements, instruments or
documents as we deem necessary in order to effectuate said transaction; and 4)no beneficiary of
this Trust is a minor, a corporation selling all or substantially all of its Massachusetts assets, or a
personal representative of an estate subject to estate tax liens, or is now deceased or under any
legal disability.
j
i Executed as a sealed instrument this day of , 2005.
MASSACHUSETTS STATE EXCISE TAX 1 _
BARNSTABLE COUNTY REGISTRY OF DEEDS S
Date: 09-12-2005 & 03:29aa
Ct14: 1947 Doc:: 63514 DANIEL M. GRIFFIN,JR.,TRUSTEE
Fee: $1,197.00 Cons: S350,O00.00 ' OF MCREALTY TRUST
I
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS GLENN E.TOBIN TRUSTS OF
Date: 09-12-2005 O 03:29am ,
Ct 1 T: 1947 Doc:: 63514 MCREALTY TRUST
Fee: $795.00 Cons: $3506 000.00
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,SS.
On this day of September, 2005, b e undersigned notary,;public,
personally appeared Daniel M. Griffin, Jr. an enn E. Tobin, T stees as aforesaid,
known to me to be the persons whose ames are signed a preceding d
acknowledged to me that they signed it oiuntarily for it ated 4�
i
D 'e . Creedon, III,No Publlc, ;
My commission expires: 4/14/2011 ��yr
DANIEL EERCFW DON,III
NOTARY PUBW .
COMMONWEALTH OF NUg�
RAY COMMINION EXPIOeA APK 14,"11
BARNSTABLE REGISTRY OF DEEDS
Date: 1 -
TOXIC AND H A . DOP MATERIALS REGISTRATION FORM
NAMEOFBUSINESS: a S
BUSINESS LOCATION: r
MAILINGADDRESS: Mail To:
Board of Health
TELEPHONE NUMBER: ® Town of Barnstable
CONTACT PERSON: P.O. Box 534
EMERGENCY CONTACt TE EPHONE UMBER.- Hyannis, MA 02601
TYPE OF BUSINESS: , c
Does your firm store any of the toxicw hazardous materials listed below, either for sale or for you own
use? YES NO X
This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed
envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your mailing
address:
ADDRESS:
TELEPHONE:
LIST OF TOXIC AND HAZARDOUS MATERIALS y
The Board of Health has determined that the following products exhibit toxic or hazardous character- '
istics and must be registered regardless of volume. Please estimate the quantity beside the product that
you store. NOTE: LIST IN TOTAL LIQUID VOLUME OR POUNDS.
Quantity Quantity
Antifreeze(for gasoline or coolant systems) Drain cleaners
NEW USED Cesspool cleaners
Automatic transmission fluid Disinfectants
Engine and radiator flushes Road Salt (Halite)
Hydraulic fluid (including brake fluid) Refrigerants
Motor oils Pesticides
NEW USED (insecticides, herbicides, rodenticides)
Gasoline, Jet Fuel Photochemicals (Fixers)
Diesel fuel, kerosene, #2 heating oil NEW USED
Other petroleum products: grease, Photochemicals (Developer)
lubricants, gear oil NEW USED
Degreasers for engines and metal Printing ink
Degreasers for driveways & garages Wood preservatives (creosote)
Battery acid (electrolyte) Swimming pool chlorine
Rustproofers Lye or caustic soda
Car wash detergents Jewelry cleaners
Car waxes and polishes Leather dyes
Asphalt & roofing tar Fertilizers
Paints, varnishes, stains, dyes - PCB's
Lacquer thinners Other chlorinated hydrocarbons,
NEW USED (inc. carbon tetrachloride)
Paint & varnish removers, deglossers Any other products with "poison" labels
Paint brush cleaners (including chloroform, formaldehyde,
Floor & furniture strippers hydrochloric acid, other acids)
Metal polishes
Laundry soil & stain removers Other products not listed which you feel
(including bleach) may be toxic or hazardous (please list):
Spot removers & cleaning fluids
(dry cleaners) j
Other cleaning solvents
Bug and tar removers
WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS
TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM
NAME OF BUSINESS: 0/_.__ =0 flt2.C�/TECTS Mail To:
BUSINESS LOCATION: CAMP 5-r *5.. Board of Health
MAILING ADDRESS: l� AJ (5 � AA�� U 76 0 0 Town of Barnstable
� P.O. Box 534
TELEPHONE NUMBER: Y50 $ � "? — O C G Hyannis, MA 02601
CONTACT PERSON: A I C.P 0 L 1E V d 0 ✓'f
EMERGENCY CONTACTTELEPHONE NUMBER:
Does your firm store any of the toxic or hazardous materials listed below, either for sale or for
your own use, in quantities totall' g, at any time, more than 50 gallons liquid volume or 25 pounds dry
weight? YES NO NC-Kk
This form must be returned to the Board of Health regardless of a yes or no answer. Use the
enclosed envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your
mailing address:
ADDRESS:
TELEPHONE:
LIST OF TOXIC AND HAZARDOUS MATERIALS
The Board of Health has determined that the following products exhibit toxic or hazardous character-
istics and must be registered regardless of volume. Please estimate the quantity beside the product that
you store:
Quantity/Case Quantity/Case
Antifreeze (for gasoline or coolant systems) Drain cleaners
Automatic transmission fluid Toilet cleaners
Engine and radiator flushes Cesspool cleaners
Hydraulic fluid (including brake fluid) Disinfectants
Motor oils/waste oils Road Salt (Halite)
Gasoline, Jet fuel Refrigerants
Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides,
Other petroleum products: grease, lubricants rodenticides)
Degreasers for engines and metal Photochemicals (fixers and developers)
Degreasers for driveways & garages Printing ink
Battery acid (electrolyte) Wood preservatives (creosote)
Rustproofers Swimming pool chlorine
Car wash detergents Lye or caustic soda
Car waxes and polishes Jewelry cleaners
Asphalt & roofing tar Leather dyes
Paints, varnishes, stains, dyes Fertilizers (if stored outdoors)
Paint & lacquer thinners PCB's
Paint & varnish removers, deglossers Other chlorinated hydrocarbons,
Paint brush cleaners (inc. carbon tetrachloride)
Floor & furniture strippers Any other products with "Poison" labels
Metal polishes (including chloroform, formaldehyde,
Laundry soil & stain removers hydrochloric acid, other acids)
(including bleach) Other products not listed which you feel may
Spot removers & cleaning fluids be toxic or hazardous (please list):
(dry cleaners)
Q� Other cleaning solvents �ta�vi�c�S�cc
Bug and tar removers
Household cleansers, oven cleaners
White Copy- Health Department/ Canary Copy-Business
r .
' OI
United Way
of Cape Cod,Inc.
1
r`
48 Camp Street
Hyannis,MA 02601-3004
Phone: 508-775-4746
C H A N G E O F A D D R E S.S
Our—April 1 1988 m re ger has created-thi changer
Cape Cod--community—Council_,—I`ncc.-,—is_now a part
ofJ ED WAY OF CAP-E=COD-,INC-.J
Please use our new name and address on all correspondence:
UNITED WAY OF CAPE COD, INC.
48 CAMP STREET
HYANNIS, MA 02601
Our telephone numbers are unchanged and are in addition
to that shown above:
617-775-0464
1-800-462-8002
United Way it brings out the best in all of us.