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HomeMy WebLinkAbout0019 LONGBOAT DRIVE a i - 1 7 F I� R V � c i r a Message Page 1 of 1 Anderson, Robin From: Geiler, Tom Sent: Thursday, August 30, 2012 12:50 PM To: Perry, Tom; Anderson, Robin Subject: Complaint-19 Longboat Drive Centerville Viola residence Neighbor(unidentified) states there are 5-7 commercial vehicles parked on the property at night. Day time parking is not an issue 8/30/2012 DATE: October 2, 2012 TO: Building File FROM: R. Anderson RE: Complaint on commercial vehicles LOCUS: 19 Long Boat, Centerville I called Jason Viola(508-771-3457) on this date. I explained that we had received a complaint about overcrowding and the number of commercial vehicles on site. He indicated that he brings home a work truck and has a personal vehicle as well.He also has a room mate who works with him-and he takes home a truck. They park the trucks in parking area near the street as he claims the driveway can only accommodate two cars He also has a trailer on site to store his bikes as he does not have a garage. He made mention that a local police officer lives across the street and he doesn't know who would complain. I explained that there was a long history of overcrowding and an illegal construction in the basement with a very difficult tenant When I stated that I had been by the house around 7:30 PM one evening and saw more than one truck on site he informed me that the guys from his crew come by after work and visit. As I know Viola has an actual place of business, I can be sure that he is not operating his business from this site. I advised that I would have to address this issue again in the event that another complaint is received. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION z �. Map �t Parcel', Application # Health Division Date Issued I O O Conservation Division ``L Application Fee _ Planning Dept. y Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address I f Lona boat br ie- Village CXI>!gL\JI le— Owner��ahfl �Gt. �1010- Address GITia`Q As5oc. , `1�® k, 9 Telephone SDI 7)I 2AS') �e� o l le_; M�4 ®2lv��. Permit Request ReX4)0\1P eD (AnQ Sk©il1G AC�� &rrJAOYl �`rpn 541uct f)on D-n wle lex' - 1 ' Lot teq* y ssAe- rfflmmi +q . 1366M pl&sler a R016k �a.&P e.11+ Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 50oco Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family O/ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑"o On Old King's Highway: ❑Yes Ltl< Basement Type: Dull ❑Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) G CC) Basement Unfinished Area (sq.ft) 25*0 f� Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing -D-new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing v od/coaILAover❑Yes.❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Bal existh@ d��;.'ew size_ -vF Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Othm Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ c Commercial ❑Yes ❑ No If yes, site plan review# Current Use Va4,a I �i °5 Proposed Use i I u �� hod bsin�� APPLICANT INFO_RM_AT_ION - -- - v - -(BUILDER OR HOMEOWNER) Name co s+N-;,� zU o Ars- Telephone Number _,ai®b &< <3-101 Pfq Address Q•O . 'BOV.- 2-1 License # 'l(4 3 3 2 13.Vn S 6& ; M 0Zt0(,0�_ Home Improvement Contractor# 1 bi&��to 22 Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO__�FCraarM Sl I- SIGNATURE DATE 210'1 s FOR-OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL N0: z f r ADDRESS ' VILLAGE j OWNER DATE OF INSPECTION; FOUNDATION FRAME o INSULATION Jae `- FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL = ! GAS: ROUGH FINAL ! FINAL BUILDING Ar& k ; DATE CLOSED OUT ASSOCIATION PLAN NO. "VHET y Town of Barnstable �- ` Regulatory Services 2009 JAN --7 AH 9. 38 �s�xxx S. Thomas F.Geiler,Director . fo, a Building Division Tom Perry,Building Commissioner. 200 Main Street,Hyannis,MA 02601 www.town.b arnstabl e.ma.us' Office: 508-862--40 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder h I;hn 7r: Viola , as Owner of the subject property hereby authorize Wup in M - ��dZ/ to act on my,behalf, in all matters relative to work authorized by this building permit application for. I btu Rd. C �lIQ n�> (.Wddress of Job Sig re of Owner Dfad Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse s de. Q:FO RMS:O WNERF ERM ISSION Town of Barnstable of T"E ram, - „�, o Regulatory Services I ; awxxsrasr e Thomas F. Geiler,Director MASS. 1659 ;�� Building Division PIED µAy p Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 wvm.town.b-arnstable.ma.us OLE= 508 862- 038 Fax: 508-790-6230. HOr EOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village _ _-"HOMEOWNER.,. naive home phone# work.pbone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as- superyisor. DEFINITION OF HOMEO\'VNER -Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to- be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department mirurnum inspection procedures and requirements and that he/sbe will comply with said procedures and requirements. Signatiure of Homeowner Approval of Building Official _ Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section.(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuring the responsibilities of a supervisor(see Appendix Q. Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often.results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homcowncr certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a_form currently used by . . several towns. You may care t amend and adopt such a form/certification-for use in your conununity.- Q:forms:homeexempt I The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations' ' 600 Washington Street / 5SLE Boston, MA 02111 www.mass.govldia 2009 JAN ] AM 9: 38 Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): wAJI Boyar Address: P® _ ;30 X Q 1 City/State/Zip: kfe,,9 - b-n v. IV,4 02665 Phone.#: %b) -633-06 Are you an employer?Check the appropriatVarn Type of project(required): 1.❑ I am a employer with 4. a general contractor and I 6. ❑N construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner listed on the attached sheet. 7.. emodeling ship and have no employees These sub-contractors have g, ❑Demolition workingfor me in an capacity. employees and have workers' Y P h'• 9. ❑Building addition [No workers'-comp.insurance comp.insurance.$ VIOLf A556C. required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers'comp. right of exemption per MGL 12. ]Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant.that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tcontractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi u er the pains and penalties of perjury that the information provided above is true and correct. signature: zem Date: ha Phone 93-3 89 atL 22 -W-4-13 7 Official use only. Do not write in this area,tb be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.`Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to.provide workers'compensation for their.employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the r.-ceiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house cr on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the'commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance r-,quirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies'(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Iadustrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom cf the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant fiat must submit multiple permitflicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in _(city or t3wn).".A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this.affidavit. The Office of Investigations would like to.thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number: The Commonwealth of Massachusetts Department of Industrrial Accidents Office of Investigations- 600 Washington Street Boston,MA 02111 Tel. #617--727-4900 ext 406 or 1-877-MASSAFE Fax# 617427-7749 Revised 11-22-06 www.mass.gov/dia The Cornrnonwealtli of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 ' www.mass.gov/dia Workers' Compensation Tnsurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information 1 Please Print Lev_iblY Name (Business/0rganiza1ion/7ndividuaI): .S4'J(�(\ t)i`C.� Address: City/State/Zip:y4='56(M5Ad-J'16.. MA dZ&Cob Phone.#: 506 53-3— tolm Are you an employer? Check the appropriate: Type of project(required): 1.❑ 1 am a employer with 4. 1 am a general contractor and 1 6. ❑New construction employees(full and/or.part-time).* have hired the sub-contractors . 2.❑ I am a'sole proprietor or partner- listed on the attached sheet.. 7. ❑Remodeling ship and have no employees These sub-contractors have g. Demolition- employees and have worke ' working for me in any capacity.. 9, �Building addition comp. �iolo_ �s [No workers' comp.insurance W insurance. 10. Electrical repairs or additions required.] �. ❑ We are a corporation and its 0 P . 3.❑ I qu a homeowner doing all work o$icers have exercised their I l.❑Plumbing repairs or additions i myself. [No workers' comp. right of exemption per 1v1GL 12.❑Roof repairs insurance required.]t in, 152, §1(4), and we have no employees. [No workers' 13.[�Other comp.insurance required_] Any applicant that cheeks box#1 must also fill out the section below showing their workers'compensation policy.inf6m-xatioh0. t Homeowners who submit this affidavit indicating they are doing all work and them hire outside contractors must submit anew affid vit indicating such. iContractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether or not those entities have. employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the'policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to-the imposition of criminal penalties of a fine tip to S 1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi it er the pains-and penalties of perjury that the information provided above is true and correct. Si afore: Date: 1 2 _ Phone Official use only. Do not write fin this area, to be completed by city or town official City or Town: - Permlt/Lic ens e# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3, City/Town Clerk 4. Electrical Inspector S.Plumbing Inspector 6. Other Contact Person:" Phone#: Information and his4 ,Uetiolis Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees: Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written" An employer is defined as"an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that"every state or local licensing agency-shall withhold the issuance or c buildings in the commonwealth for any construct b renewal of a license or permit to operate a business or to g applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7) states `Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contractors)name(s), addresses) and phone number(s) along with their certificates)of insurance. Limited Liability Companies.(LLC) or Limited Liability Partnerships (LL11)with no employees other than the In embers or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the nurrtber listed below. Self-insured companies should enter their self-insuranGo license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/licensc applications in any given year, need only submit one affidavit indicating current policy information(if necessary) and under`Job Site Address" the applicant should write."all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on Erie for future permits or licenses. A new affidavit must be filled out each year:Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (Le. a dog license or permit to bum leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call The Department's address,telephone-and fax number: The,, Commonwie .th of Massachusetts Deputment of Industrial Accidents Office of luvestigations 600 Washington Street Boston, MA 021.11 Tel. # 617-727-49,00 ext 406 or 1-V7-MASSAFE. Fax# 617-727-774 - Revised 11-22-06 www.mass..goY/dia AC08—R CERTIFICATE OF LIABILITY INSURANCE CSR CU DATE(MMlDDlYYYY) 'VIOLAA5 12 16 08 PaoaucER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INI ORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kittredge Insurance Agency Inc HOLDER..THIS CERTIFICATE DOES NOT AMEND,;EXTEND OR 155E Otis St. , P.O. Box 1129 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ - Northboxo MA 01532 Phone: 508-393-7744 Fax:S08-393-6983 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A; Acadia Insurance company 31325 INSURP-R.B: Continental W68tern,Yna. Co. 10804 Viola Associates Inc. INSURER C: BOX 389 INSURER D: Centerville MA 02632-0389 INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATF MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH y POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ` LYR NSR TYPE OF INSURANCE POLICY NIJM9ER DATE MMIDD/Y( FDATE MM/DDIYV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000,000 A X COMMERCIALGENERALLIABILITY' CPA0217962 04/29/08 04/29/09 PREMISES Eao=umnr $25O 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5 O OO PERSONAL&ADV INJURY $1,OOO 000 GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE'LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,0 00,OOO .POLICY X ;JECOT 40C Emp Ban. 1,000,000 AUTOMOBILE LIABILITY ° COMBINED SINGLE LIMIT A I ANYAUTO M9,A0217963 04/29/08 OAy29/09 (Eaaccident): $ 1,'000,000 . . ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Pef person) $ X HIRED AUTOS }� :NON-OWNED AUTOS BODILY INJURY $ . (Per accident) PROPERTY DAMAGE' S. (Per accidentl GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ' ANY AUTO � ( OTHER THAN EA ACC, $ AUTO ONLY: qGG'. $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE ffi DEDUCTIBLE RETENTION $ j WORKERS COMPENSATION AND X TOR-LIMfT3 ER B EMPLOYERS LIABILITY " ANY PROPRIETORJPARTNERIEXECUTIVE WCA0218000 04/29/08 04/29/09 E.L.EACH ACCIDENT• $'SOOOOO OFFICER/MEMSER EXCLUDED? If yea.de6Cribe under i. E.L.DISEASE-EA EMPLOYEE- $500000 SPECIAL PROVISIONSoetow E.L.DISEASE-POLICY LIMIT: $SQ.QQQQ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS. CERTIFICATE HOLDER CANCELLATION TOWNBAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED.BEFORE THE EXPIRATION DATE TLIERBOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL .20 DAYS WRITTEN ' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT F/ULURE TO DO SO SHALL TOWN OF, BAlwSTABL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,IT8 AGENTS OR 367_MAIN'. ST. BUILDING DEPT REPRE TATNEs. HYANNIS MA 02601 AUTH DREPRESEN THE ACORp 25(2001108) Q)ACORD CORPORATION 1988 zoo/100d Wdp ZL 800Z 9l 500 E869E6E805 "j I �oF.cHer Town of .Barnstable Regulatory Services �S& Thomas F. Geiler, Director �A 039 �m rFo,,p�a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.to)wn.barnstable.ma.us Office: S08-862-4038 Fax: S08-790-6230 Property Owner Must Complete and Sign This Section ff Using A Builder as Owner of the subject property hereby authorize 'B&'L> Cosliom"'B I S , 10C to act on my behalf, in all matters relative to work authorized by this building permit application for: R. 02-4P32- (Address of job) 2 Signa e of Owner Dat 7-5 6h0: Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form.on the reverse side. Town of Barnstable �op,VE r� Regulatory Services • Thomas F. Geiler,Director BARNSTABLE, Q MASS. Building Division AjfQ eta Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 wwly.town.b a r nst a b l e.m a.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The cur-rent exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a fwo-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official on.a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127,0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: ,Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q. Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,.partieularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application m , that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns..You may care t amend and adopt such a form/certification for use in your community. I s fi i �r x k ' .;oard of Building Regulations and Standards r, Construction Supervisor License.t i R 4 l° License: CS 76332 1 Blrft to .9/5/1960 . Exip Alon 9/5/20�09 Tr# 4218 RestnctionOOI.� A KEVIN BOYAR PO BOX 716 W BARNSTABLE,MA 02668 Conimissione.r CTe C/)07I7/IYIN/2Cl�Pp�Ut o� /I�Gaddac�u�Gea g Board of Building Regulations and Standards, ` HOME IMPROVEMENT CONTRACTOR Registr4i"om. 155622 EFCprat ,-"26/2009. Tr# 255175 4 't- -Type Individual KEVIN M BOYAR , KEVIN BOYAR �rnl 1050 MAIN ST W.BARNSTABLE,MA 02668 Administrator' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION M 04 Map- Parcel-�:` ,'Ap,'Application # &� -2 Health-Division Date Issued 44 Conservation Division Application Fee Planning,Dept. Fee Date Definitivee,Plan Approved by Planning Board Historic =OKH Preservation Hyannis Project Street Address IR Lo0Q6oa+ Ed. Village Cim"it le- �d iv 'N ol � VJZ> hQV_10WeA+ H+6 lle�inj so. '310 i a V. ( Owner Coen Address Po 9 cAew I I ",W_C Telephone 40 01a (An HA 02%32. Permit Request Twi,41iO V-Aa16 I o 6 as-emej)+ to aa I o &A CA4 Co" d'. X ea 46 SM6 Lr_ C�_�e aA a- V59 Square feet: 1 st floor: existing proposed 2nd floor: existing—proposed -Total new ZoningDistrict- Flood Plain Groundwater Overlay Project Valuation Construction Type Lot:Size Grandfathered: L]Yes LJ No If yes, attach supporting documentation. Dwelling Type: Single Family .L] Two Family Ll Multi-Family (# units) Age of Existing Structure Historic House: Ll Yes LJ No On Old King's Highway: LJ Yes Ll No Basement Type: Gull L3 Crawl Ll Walkout LJ Other Basement Finished Area(sq.ft.)! Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room C6Uuht Heat Type and Fuel: LJ Gas Ll Oil LJ Electric LJ Other CD, Central Air: Ll Yes Ll No Fireplaces: Existing New Existing w '/coal stove: �,W Yes LJ No Detached garage: Z11 existing CInew size—Pool: U existing L3 new size Barn:2)11 existingz L] rf4w size Attached garage: Ll existing J new size —Shed: Ll existing LJ new size Other: Zoning Board of Appeals Authorization Ll Appeal # Recorded LJ Commercial J Yes LJ No If yes, site plan review# Current Use %_S16e1)+ia1 Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER Name 'YAS.-D Cusim BUM, Ine, Telephone Number 506 633-lolffl Address P-0 -BO)L 21 License# C 5 -7(o 332- Home Improvement Contractor# i 156 6 7.2 Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE+AKEA_TQ �7Y)OJEZ rpvyy) SIIGNATLIIREc��� PZ,&at- DATE FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED 4 MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION t FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations a 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): S Lm Cu&ATm '101Cs , i o C Address: T.0 .Box, W City/State/Zip:V�. iacnS ly.,MA OZ(ofob Phone. #: Are you an employer? Check the appropriate b x: Type of project(required): 1.El am a employer with 4. I am a general contractor and I 6. ❑New construction . employees(full and/or part-time).* have hired the sub-contractors 2.Q I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have 8. [?"Demolition workingfor me in an capacity. employees and have workers' Y p tY � 9. ❑.Building addition [No workers'comp.insurance comp. insurance. required.] 5. ❑ We are a corporation and its 10.[:1 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site 'information. Insurance Company Name: Policy#or Self-ins. Lic.M Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u er the pains andpenalties ofperjury that the information provided above is true and correct Signature: WffrM A&&RA, Date: 12h.2 _ Phone#: J O6 A3 Official use only. Do not write in this area,to be completed by city or town official . City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions .Y . Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, I express or implied, oral or written." An employer is defined as"an individual,partnership, association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the t dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es) and phone number(s) along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial 'Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' i compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant . that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. ;The Department's address,telephone-and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents t Qf ee of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia (per - -,✓ ' WEr°�ti Town of Barnstable Regulatory Services BARNSTABLE, r MAes �, Thomas F.Geiler,Director �fo �a Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder 14 i® as Owner of the subject property hereby authorize IR tD CO SJUTA J J JS. , to act on my behalf, in all matters relative to work authorized by this building permit application for. PJ M A (A48.ress of Job) ' Z Zm S ture of Owner Da �hn`T'r. Vr�la Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. nFnunrc•nw�.T�uv�n ,mcinU I Town of Barnstable ' o Regulatory Services t BARNszeaL Thomas F. Geiler,Director ]YEA—M p� 1639. ,m� Building Division Prf° {A Tom Perry,Building Commissioner 200 Main.Street, Hyannis,N A 02601 www.town.barnstable.ma.us Cffice: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village d ' i "HOMEOWNER": name home phone# work phone# t CURRENT MAILING ADDRESS: city/town state zip code f The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. , DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner, Such . "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned:."homeowner."certifies that he/she understands the Town.of Barnstable Building Department. minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. , Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions i of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons: In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. . To ensure that the homeowner is fully aware of his/hcr responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responnbilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a fom✓certification.for use in your community. Qsforms:homeexempt Ro CERTIFICATE OF LIABILITY INSURANCE CSR CU DATE(MM/DDfYYYY) VIOW5 12 15/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kittredge Insurance Agency Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,IcXTEND OR 155B Otis St. , P.O. Box 1120 ALTER THE COVERAGE AFFORDED BY THE POLIcir=s BELOW. Northhoro MA 01532 Phone: 508-393-7744 Fax_508-393-6983' INSURERS AFFORDING COVERAGE NAIC# INSURED FNSURERA: Acadia Inaurance Company 31325 '.INSURER 8:' Continenrr2-peetern Ines. Co. 10804 - V'i0.1a Associates Inc. INSURER C: BOX 389 INSURER 0; a Centerv±11e MA 02632-0389 1 INSURER E: - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR," MAY PERTAIN;THE INSURANCE AFFORDED.BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICYLTR NSF TYPE OF INSURANCE POLICY NUMBER PATE(MMfDDm)E PDATE MMlODfYY LIMITS �.GENERAL LIASIUTr EACH OCCURRENCE S1,000,000 A X COMMERCIALGENERALLIABILITY CPA0217u962.1d a 04/29/08 04/29/09 PREMISES Eaooptlre0o6) $25O 000 CLAIMS MASS 7'OCCUR MED EXD(Any one peron) $j 0OO PERSONAL&ADV INJURY 51,000,000 r GENERAL AGGREGATE $2,000' 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGG $ 2 000 000 POLI CY PRO R LOC 'JECT Emp Ben- 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO MAA02179.63 04/29/08 04/29/09 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS e + BODILY INJURY $ I X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC. $ AUTO ONLY: AGG: $ EXCESSIUMBRELLA LIA8141TY 7-7 EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION WORKtHR$COMPENSATION AND. I '. ! X TORY LIMITS ER B IATU E4IPLOYSRS'LIABILITY ANYPROPRIETOR/PARTNEWEXECV7IVE I WCAO218000 - 04/29/08 T'04/29/09, E.L.EACH ACCIDENT S SOOOOO. OFFICERIMEMBER EXCLUDED? If yes.describe under E.L.DISFASE-EA EMPLOYE S 500000 SPECIAL PROVISIONS below EL,DISEASE-POLICY LIMIT $ 500000 OTHER DHSCRIPTION OF OPERATIONS I LOCATIONS VFHICLES f EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER, CANCELLATION TO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED:BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL •20 DAYS WRITTEN. NOTICE TO 7RE CERTIFICATE HOLDER NAMED TO THE LOFT,BUT FAILURE TO DO SO SHALL TOWN' OF BARNSTABLE IMPOSE NO OBLIGATION OR UAGIUTY OF ANY KIND UPON THE INSI-MER,ITS AGENTS OR 367 MAIN ST. BUILDING DEPT REPR NTATIVES, HY•ANNIS MA 02601 AUTH6WDREPRES)= TIVE ACORti 26(2001108) ©ACORD I:ORPORATION 1988 v00A00d WdZZ,v0 800a aG 0aa 6869666805:X2J s ;oard of Building Regulations and'Sta r i Construction Supervisor License r " License CS 76332 BirthdAfte. E nio g/67J2009 Tr# 4218 E Mjorl0a Rgs�rtionAw $ 00 4 KEVIN BOYAR' t PO BOX 716 -� W BARNSTABLE MA 02668 Commissioner` A Board of Building Regulations and Standards 1 HOME IMPROVEMENT CONTRACTOR _ g Reistra&o v iy, _ 155622 Expirat n 4/26/2009 Tr# ,255175, w xYpe Individual KEVIN M BOYAR x� f KEVIN BOYAR r �� P", 1050 MAIN ST � p W BARNSTABLE,MA 02668 Administrator _ e A. R REO # 044071640... Countrywide Home Loans,Inc REAL ESTATE PURCHASE ADDENDUM: This Real Estate Purchase Addendum("Addendum")-is'to be made part of, and incorporated into,the Real Estate Purchase Contract dated Friday.November 07;2008 ("Contract")between ("Seller"and the tenn"Seller"shall also include Countrywide Home Loans Inca)and John T. Viola Y - V pCtA ("Buyer") for the property, and improvements located at the following address: 19 LONGBOAT'DRIVE CENTERVILLE MA 02632 ('Property").. Buyer and.Sellermay each be referred to herein as a"Part}"and Collectively as the','Parties.."The Contract and this Addendum together constitute the"Agreement"..4 The Seller and the Buyer agree as follows: 1. LIMITATION OF SELLER'S LIABI LITY AND BUYER'S WAIVER OF IMPORTANT RIGHTS: SUPER UNDERSTANDS AND ACKNOWLEDGES THAT SELLER HAS ACQUIRED THE PROPERTY'' THROUGH FORECLOSURE; DEED-IN-LIEU OF 'FORECLOSURE; OR SIMILAR PROCESS, SELLER HAS NEVER OCCUPIED THE PROPERTY,AND SELLER HAS LITTLE OR NO DIRECT KNOWLEDGE ABOUT THE CONDITION OF THE PROPERTY. BUYER AGREES THAT BUYER'IS"BUYING THE ' PROPERTY"AS IS"(AS MORE FULLY SET FORTH IN SECTION 13 OF THIS ADDENDUM). NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE AGREEMENT; SELLER'S LIABILITY AND BUYER'S SOLE AND EXCLUSIVE REMEDY IN ALL CIRCUMSTANCES.AND FOR ALL CLAIMS (AS.THE TERM IS DEFINED IN SECTION 26 OF THIS,,ADDENDUM, AND.ALL REFERENCES IN THIS ADDENDUM TO "CLAIMS," "CLAIM," "Claims," or "Claim".SHALL HAVE SUCH MEANING) ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT OR THE. ' SALE OF THE PROPERTY:TO BUYER INCLUDING,BUT NOT LIMITED TO,SELLER'S BREACH OR TERMINATION OF THE AGREEMENT,THE CONDITION OF THE PROPERTY,SELLER'S TITLE'1'O THE PROPERTY,THE OCCUPANCY,STATUS OF THE PROPERTY,THE SIZE,SQUARE FOOTAGE, BOUNDARIES, OR LOCATION OF THE PROPERTY, ANY COST .OR EXPENSE INCURRED BY BUYER IN SELLING A,CURRENT OR PRIOR RESIDENCE OR. TERMINTATING A.LEASE ON A CURRENT OR PRIOR RESIDENCE, OBTAININGOTHER LIVING ACCOMMODATIONS,MOVING,' STORAGE OR RELOCATION.EXPENSES;' OR ANY OTHER COSTS OR EXPENSES INCURRED BY BUYER IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO NO MORE THAN: (A) A RETURN: OF BUYER'S 'EARNEST MONEY DEPOSIT IF THE SALE TO,BUYER:DOES NOT CLOSE;AND (B) THE LESSER OF BUYER'S ACTUAL DAMAGES OR$5,000.00 IF THE SALE TO BUYER CLOSES. BUYER SHALL NOT BE. ENTITLED'TO A RETURN OF BUYER'S EARNEST:MONEY DEPOSIT IF BUYER MATERIALLY BREACHES THE AGREEMENT. t' BUYER AGREES THAT SELLER.+ SHALL ..NOT BE LIABLE TO :"BUYER -UNDER ANY CIRCUMSTANCES FOR. -ANY- SPECIAL, CONSEQUENTIAL, ' OR PUNITIVE' DAMAGES '. WHATSOEVER,.WHETHER-IN CONTRACT,-TORT (INCLUDING=NEGLIGENCE AND STRICT, LIABILITY"); OR A Y THER LEGAL OR EQUITABLE 'PRINCIPLE,,THEORY,'OR CAUSE OF w ' BUYER Initials 1 � 1 SELLER(Initials) Revised 3/06 I ACTION.ARISING OUT OF OR RELATED IN ANY WAY TO ANY CLAIM, INCLUDING, BUT NOT LIMITED TO,THE AFOREMENTIONED CLAIMS. ANY REFERENCE TO A RETURN OF THE BUYER'S EARNEST MONEY DEPOSIT'CONTAINED IN THE AGREEMENT SHALL MEAN A RETURN OF THE EARNEST MONEY DEPOSIT, LESS ANY ESCROW CANCELLATION FEES APPLICABLE TO THE BUYER UNDER THE AGREEMENT AND LESS FEES AND COSTS PAYABLE FOR SERVICES AND PRODUCTS PROVIDED DURING ESCROW AT THE BUYER'S REQUEST. TO THE FULLEST EXTENT PERMITTED BY LAW THE BUYER WAIVES ANY CLAIMS THAT.THE PROPERTY IS UNIQUE AND THE BUYER ACKNOWLEDGES THAT A RETURN OF ITS EARNEST MONEY DEPOSIT CAN ADEQUATELY AND FAIRLY COMPENSATE THE BUYER FOR ALL CLAIMS. UPON RETURN OF THE EARNEST MONEY DEPOSIT TO THE BUYER, THE AGREEMENT SHALL BE TERMINATED,AND THE BUYER AND THE SELLER SHALL HAVE NO FURTHER LIABILITY, OBLIGATION, OR RESPONSIBILITY TO EACH OTHER IN CONNECTION WITH THE AGREEMENT. IF THE SALE TO.BUYER CLOSES AND SELLER COMPENSATES BUYER AS PROVIDED ABOVE FOR BUYER'S ACTUAL DAMAGES, IF ANY; THEN THE BUYER .AND THE SELLER SHALL . HAVE• NO FURTHER LIABILITY, OBLIGATION,. OR RESPONSIBILITY TO EACH , OTHER IN CONNECTION WITH THE AGREEMENT.. . SELLER'S LIA7ITATION OF LIABILITY AND BUYER'S WAIVERS PROVIDED IN THE AGREEMENT ARE A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER' THE AGREEMENT AS NEGOTIATED AND AGREED TO BY THE BUYER AND THE SELLER. THE BUYER FURTHER,WAIVES THE FOLLOWING, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST THE SELLER FOR SPECIFIC' PERFORMANCE, ; (B) RIGHT TO'RECORD A LIS PENDENS AGAINST'THE PROPERTY OR TO RECORD THE AGREEMENT OR A MEMORANDUM THEREOF IN THE REAL PROPERTY RECORDS: (C) RIGHT TO INVOKE ANY EQUITABLE REMEDY THAT WOULD PREVENT THE SELLER FROM CONVEYING THE PROPERTY TO A THIRD PARTY BUYER; . (D) ANY CLAIMS .ARISING FROM THE ADJUSTMENTS'OR .PRORATIONS-OR ERRORS IN CALCULATING THE ADJUSTMENTS OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING UNLESS SUCH CLAIMS ARE MATERIAL AND BUYER NOTIFIES SELLER IN WRITING OF SUCH CLAIMS WITHIN THIRTY(30)DAYS OF THE CLOSING DATE- (E) ANY REMEDY OF ANY KIND THAT THE BUYER MIGHT OTHERWISE BE ENTITLED.TO AT LAW OR EQUITY(INCLUDING,BUT NOT LIMITED TO,RESCISSION OF THE AGREEMENT), EXCEPT AS EXPRESSLY PROVIDED IN THIS ADDENDUM;' (F) ANY RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING FROM OR RELATED IN ANY WAY TO THE AGREEMENT;" (H) ANY RIGHT TO AVOID THE SALE.OF THE PROPERTY OR REDUCE THE PRICE OR HOLD THE SELLER LIABLE FOR ANY CLAIMS ARISING OUT OF.OR RELATED IN ANY WAY TO THE. CONDITION, CONSTRUCTION. REPAIR, OR TREATMENT OF THE..PROPERTY, OR ANY ' DEFECTS,'APPARENT OR LATENT;THAT MAY NOWOR HEREAFTER'EXIST WITH RESPECT TO THE PROPERTY;. :_. . BUYER(Initials) 2= SELLER(Initials) Revised 3/06 (3) ANY CLAIMS ARISING OUT OF. -OR RELATING IN ANY .WAY TO.-ENCROACHMENTS, EASEMENTS, BOUNDARIES, SHORTAGES IN AREA OR ANY OTHER MATTER THAT,WOULD BE DISCLOSED OR REVEALED BY. A SURVEY OR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS;AND (K) ANY CLAIMS ARISING OUT OF OR RELATING IN ANYWAY TO THE SQUARE FOOTAGE,SIZE, . OR LOCATION OF THE PROPERTY, OR ANY INFORMATION PROVIDED ON THE MULTIPLE, " LISTING SERVICE, OR BROCHURES OR WEB SITES OF SELLER,OR SELLER'S AGENT OR BROKER References to the"Seller'in this'Section 1 of this Addendum shall include the Seller and the Indemnified Partiesl(as defined in Section 26 of. this Addendum, and'all references' in this Addendum to "Indemnified Parties" or "INDEMNIFIED PARTIES"shall have the meaning set forth in`Section 26). Buyer initials 2. Effective Date: The date.of Seller's execution of this Addendum shall'be the "Effective Date"'of the Agreement, notwithstanding any prior understanding or agreement with respect to the—financial terms set forth herein. The Agreement shall be null and void if the Agreement signed by the Buyer is not actually received by the Seller before the Seller accepts a competing offer, or givesverbal or written notice of revocation to the,Buyer,the Buyer's agent or, attorney,or the listing agent. The Agreement must,be approved by the Seller's management,and it must be signed'by. all parties in order to be binding. 3.. Purchase Price: . . Purchase Price: $203,000.00 Down Payment: $ 10,413 90 . Loan Amount(nte): $192586.1 4.- Earnest Monti Deposir If applicable, escrow will be opened by both parties irrunediately following the'Effective Date with an escrow/closing` agent acceptable to the Seller. The Buyers. earnest money deposit.oUS 0.00 is to be delivered'to, Seller's listing agent to be held pursuant to local law and custom,within 24,hours of the Effective-Date. 5. Financine:The Agreement(check on6): (().is.((Q is'notcontinenton the Buyer obtaining financing for the purchase- 9 of the Property. If the Agreement is contingent on financing,the'type of financing shall be the following(check"one): 1 Conventional II FHA II VA II Other(specify: ) (a) If the .Agreement is contingent,on .financing, the .Buyer shall apply .for a loan' in the. amount of $ 192586.1 with a term of. years,at prevailing rates,terrrrs'and conditions.The Buyer shall complete and submit to a mortgage lender an application for a.mortgaoc loan containing the terms set forth in this - paragraph within three(3)business days of the Effective bate;and shall use diligent efforts to.obtain a mortgage y loan commitment within fifteen(15)calendar days from the said.date. If,despite the Buyer's diligent efforts,the.,'- Buyer cannot obtain amortgage'loan commitment by the specified date,then either the Buyer or the Seller may.. terminate'the Agreement by giving written notice to the other,Party.The Buyer's.notice must include a copy of the " loan application, of of the application_date,'and a copy of the denial letter from the prospective lender. In the R event of a.proper termination of the Agreement under this paragraph,the earnest money deposit shall be returned to the Buyeri�n* e parties shall•have no further.obligation to,each'other,under the.Agreement.The Buyer agrees BUYER(lnitialsl -3- SELLER(Inifialsj_ Revised.3/06 to cooperate and comply with all requests for documents and infomiation from the Buyer's chosen lender during the loan application process. Failure of the Buyer to comply with such requests from the lender that results in the denial of the mortgage loan shall be considered a material,breach of the Agreement and the.Seller-shall be entitled to retain any earnest money deposited by Buyer. . If the Agreement is contingent on financing, as a sales condition, Buyer must obtain a pre-approval letter from a branch office of Countr,wide Home Loans,Inc.("CHL")for a mortgage.loan in an amount and under terms sufficient for Buyer to perform its obligations under the Agreement, and''such letter must accompany the Agreement. The pre-approval shall include, but is not limited to, the pre-approval letter, a satisfactory credit report, and proof.of funds sufficient to meet Buyer's obligations under the Agreement.Buyer's submission of proof of pre-approval is a condition precedent to Seller's acceptance of Buyer's offer. Seller may require Buyer to obtain,at no cost to Buyer,,loan pre-approval as Seller may direct. Notwithstanding any.Seller required pre-approval, Buyer is not required to obtain financingfrom„CHL or Seller- Buyer may obtain financing from any source. As an'.incentive for the Buyer to obtain financing from CHL, CHL will, offer a free appraisal and a free credit report if the Buyer finances and closes the purchase of the Property through financing from CHL. - (b) Cash Offer: Buyer shall provide Seller proof of liquid funds on deposit in the United States sufficient to close this. transaction. Such proof shall be provided within three(3)business days of the Effective Date and shall be subject to Seller's approval. The Property shall remain on the market until such proof of funds is accepted by Seller. Notwithstanding the terms provided in Section 12 for inspection' 'of the Property, in the event of a • n noncontingent cash offer all inspections shall be completed and any notice of disapproval shall be given to , Seller within seven(7)calendar,days of the Effective Date. Failure to timely notify Seller of any disapproval. shall be deemed acceptance by Buyer of the'inspection results and the condition of the Property. Cash offers shall not be subject to any contingency,unless specifically described in Section 10 of this Addendum. (c) The Buyer is aware that the price and terms of this transaction were negotiated on the basis of.the type of financing selected by the.Buyer. Any change of the loan type,loan terms,financing,or Buyer's lender after the Agreement has been entered into shall be subject to Seller's approval and may require,at Seller's sole discretion,renegotiation of all or some of•the terms.of the Agreement. ' 6. Other Financial Terms: Requested Closing Costs to Be Paid by Seller on Behalf of Buyer: (limited to loan guidelines) FHANA Allowable Costs: $ Other Loan Types.Non.Allowable: $ ,• �. .� Property Transfer Taxes: $ Home Protection Policy: $ Other: Buyer Closing Cost $ a Other: TOTAL: $0.00' Requested Repairs: By Buycr/Lender(nte): •$ Fumigation/Chemical only: $ Termite Repairs(nte)>, $ K Pest Report Fee(nte): $ = Other $ , f a TOTAL: 0:00 a - E ' �� l BUl ER(ln t a s) -A SELLER(Initials F Revised 3/06 Notwithstanding any provision in the Agreement to the contrary,if Seller agrees'in,the Agreement to pay any of Buyer's closing costs,then Seller shall only pay the lesser of Buyer's actual closing costs and the closing costs that Seller has agreed to pay in the Agreement. Section 17 has additional provisions pertaining to closing costs: 7. Time of the Essence;Closing Date: (a) It is agreed that time is of the essence with respect to all dates specified in the Agreement and any addenda,riders, ,or amendments thereto, meaning that all-deadlines are intended to be strict and absolute. The Agreement shall terminate automatically,and without notice,if it is not concluded by the Closing Date,:on ny extension thereof. (b) The closing shall take place on or before_12/05/2008 _,or within five (5)calendar days of final loan approval by the lender,whichever is earlier("Closing Date"),unless the Closing Date is extended in writing signed by the Seller and the Buyer,or extended by the Seller under,the terms of the Agreement. The closing shall be held in the offices of the Seller's.attofney:,or agent',or at a place so designated and approved by the.Seller, unless• otherwise.required by applicable law.. If'the closing does not occur(through no fault of•Seller) by the date specified in this Section 7 of this Addendum or in any extension,the Agreement is automaticallyacrminated and the Seller shall retain any'earnest money deposit as liquidated damages. 4. 8. Extension of Closing Date; Per Diem Interest: Any request for extension of..the+Closing Oate by Buyer must be in a_ writing and approved by the.Seller,and the Buyer agrees to pay to the Seller a per diem of one-tenth(1110`h)of one percent(I%) of the purchase price, but not less than $50.00 per day, towards.Seller's'carrying costs, through'and including the Closing Date specified in the written extension. If the sale does not close by the.date specified in the written extension agreement,the Seller may retain the earnest money deposit and the accrued.per diem payment as liquidated damages. This provision is not applicable if Buyer obtains FHANA financing for the purchase, or for r delays caused by Seller. Buyer initials t 9. The Buyer(check one):( )does(-)does not intend to use and occupyrthe'Property as Buyer's primary residence. I0." Additional Terms or Conditions: H. Attachments: i ,, r . a BUYER(Initials) 5- SELLER(initials) Revised 3-06 r 12. Inspections: (a) On or before ten(10)calendar dais(seven days for noncontingent cash offers as indicated in Section 5(b) above)from the Effective Date,the Buyer shall'inspect the Property, or obtain for its own use, benefit and reliance,inspections and/or reports on the condition.of the Property,or'Buyer shall be deemed to have 1) waived such inspections and any objections to the condition of the Property,and 2)accepted the condition of the Property, The Buyer,shall keep the Property free and clear of liens and indemnify and hold the Seller and , the Indemnified Parties harmless from all Claims arising out of or relating in any to the Buyer's,,inspections, and the Buyer shall repair the Property;aYBuyer's sole expense,for all such Claims. The Buyer shall not directly or indirectly cause any inspections to be made by any government building or zoning inspectors or government employees without the prior written consent of the Seller,unless required by law, in which case, the Buyer shall provide reasonable notice to the..Seller prior to any such inspection. If the Seller has winterized the Property and the Buyer desires to have the Property inspected, the listing agent will have the Property dewinterized prior to inspection and rewinterized after inspection. The Buyer agrees to pay this expense in advance to the listing agent. The amount paid,under this provision shall be nonrefundable. Within five(5).calendar days of receipt of any inspection report prepared by br for the Buyer, but not later than ten (15) calendar days (seven days for noncontingent cash offers as indicated in Section 5 (b) above) from the , Effective Date,whichever first occurs,the Buyer shall provide written notice to the:Seller of any items disapproved " or problems with the condition of the Property..The Buyer's failure to'prmide such written.notice to Seller shall be deemed as Buyer's acceptance of the condition of the Property. The Buyer shall inimediately.provide to the Seller, at no cost,'upon request by the Seller;complete copies of all'inspection'reports•upon which the Buyer's.,' disapproval of the condition of the Property is based.In no event shall the Seller be obligated to make any repairs or replacements, or correct any problems:or defects that may be indicated in the Buyer's inspection reports. The Seller may,at its sole discretion;make such repairs,:replacements, or corrections to the:Property; If the Seller elects not to repair or correct the Property,the Buyer may cancel the Agieement within five(5).calendar days of receiving notice from Seller that Seller elects not to repair or correct the Property. If Buyer timely notifies Seller of such cancellation, then Buyer shall receive all earnest money deposited. If the Seller elects to,make`any such repairs or corrections to the Property,the Seller shall notify the Buyer after completion of the repairs or corrections and the Buyer shall have five(5)calendar days from the date of such notice,to inspect the repairs or corrections and notify the Seller of any items disapproved.The,Buyer's failure to notify Seller of any items disapproved.shall be deemed acceptance.by Buyer of the condition of the Property:•. In situations that are applicable, a structural; electrical, mechanical or termite inspection report may have been prepared for the benefit of the Seller. Upon Buyer's request, the Buyer may review such reports, but the Buyer acknowledges that such inspection reports were prepared for the sole use and benefit of the Seller. Buyer shall not . rely upon any such inspection reports obtained by'the Seller in making a decision to purchase the Property, and such reports shall not serve as a basis'for Buyer to terminate the Agreement. (b) If the Property is'a condominium or planned unit development or co-operative;unless otherwise required by law, the Buyer;at the Buyer's own expense, is responsible for obtaining and reviewing the covenants,conditions.and restrictions,and bylaws of the condominium or planned unit development or cooperative within ten(10)calendar days of the Effective:Date.' `The Seller agrees to use reasonable efforts, as determined at the Seller's sole discretion,to assist the Buyer in.obtaining a copy of the covenants,conditions and restrictions, and bviaws"The Buyer will be deemed to have accepted the,covenants,.conditions and restrictions,and bylaws if the Buyer does not „ notify the Seller in writing within fifteen(15)calendar days of the Effective Date of the Buyer's objection to the covenants conditions and restrictions,and/or'bylaws. 13.:; CONDITION OF PROPERTY: THE''BUYE.R .UNDERSTANDS'THAT THE SELLER.ACQUIRED.THE PROPERTY BY FORECLOSURE,-DEED-IN-LIEU OF FORECLOSURE, FORFEITURE, TAX SALE, OR SIMILAR. :PROCESS; AND, CONSEQUENTLY, THE SELLER HAS LITTLE. OR NO DIRECT KNOWLEDGE'CONCERNING,THE CONDITION-OF THE PROPERTY. AS A•MATERIAL PART OF ; THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THE AGREEMENT AS. NEGOTIATED GREED TO BY THE BUYER AND THE SELLER;`THE BUYER ACKNOWLEDGES BUYER(Initials] -6 SE,LLER'(Initials) Revised 3%06 AND AGREES TO ACCEPT THE PROPERTY'IN "AS IS". CONDITION AT,THE O HE TIME OF CLOSING INCLUDING,WITHOUT LIMITATION,ANY HIDDEN DEFECTS OR ENVIRONMENTAL CONDITIONS;: AFFECTING THE PROPERTY;WHETHER KNOWN OR UNKNOWN,WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE 'THROUGH INSPECTION OR NOT..- THE BUYER ACKNOWLEDGES THAT THE SELLER, AND ITS AGENTS, BROKERS, AND REPRESENTATIVES' HAVE NOT MADE, AND THE SELLER SPECIFICALLY NEGATES ,AND. DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, PROMISES,COVENANTS, AGREEMENTS, OWGUARANTEES, IMPLIED OR EXPRESS,ORAL OR WRITTEN,WITH RESPECT TO: (A) THE PHYSICAL, CONDITION OR ANY OTHER ASPECT OF THE PROPERTY INCLUDING, BUT ` NOT LIMITED TO, .THE STRUCTURAL INTEGRITY OR THE QUALITY OR CHARACTER OF - MATERIALS USED IN CONSTRUCTION OF. ANY IMPROVEMENTS, AVAILABILITY,-AND QUANTITY OR QUALITY OF. WATER; STABILITY OF THE SOIL, SUSCEPTIBILITY TO LANDSLIDE OR FLOODING,SUFFICIENCY OF DRAINAGE,WATER LEAKS,WATER DAMAGE, MOLD OR ANY OTHER MATTER AFFECTING .THE STABILITY OR INTEGRITY OF THE PROPERTY; . (B) THE CONFORMITY OF THE PROPERTY.TO.ANY ZONING,LAND,USE OR BUILDING`CODE REQUIREMENTS OR COMPLIANCE WITH ANY LAWS, STATUTES, RULES;ORDINANCES,OR REGULATIONS OF ANY FEDERAL,STATE OR LOCAL,GOVERNMENTAL AUTHORITY,OR THE GRANTING OF ANY REQUIRED PERMITS OR APPROVALS,IF ANY,OF ANY GOVERNMENTAL BODIES THAT HAD JURISDICTION OVER THE CONSTRUCTION OF. THE ORIGINAL STRUCTURE,ANY IMPROVEMENTS,AND/OR ANY REMODELING OF THE STRUCTURE; (C) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, INCLUDING REDHIBTTORY VICES AND DEFECTS, APPARENT OR NON-APPARENT OR LATENT; THAT NOW .EXIST OR MAY HEREAFTER EXIST AND THAT,IF KNOWN TO BUYER,WOULD CAUSE BUYER TO REFUSE TO PURCHASE THE PROPERTY;AND (D) THE EXISTENCE, LOCATION, SIZE, OR CONDITION OF ANY OUTBUILDINGS OR SHEDS ON THE PROPERTY:. Mold,mildew,spores and/or other microscopic organisms and/or allergens(collectively referred to in the Agreement as "Mold")are environmental conditions that are common.in residential properties and mayaffect the Property. Mold;in. some forms,has been reported to be toxic and to cause serious physical injuries, including but not limited to,,allergic. ' and/or respiratory reactions or other problems, particularly in young children,elderly persons, persons with immune system problems,allergies,or respiratory problems,.andpets. Mold has also been reported to cause extensive- damage to personal and real property:' Buyer is advised-to thoroughly inspect.the Property, for Mold: Mold may appear as discolored patches or cottony or speckled growth on walls,.furniture or floors,behind walls and above ceilings. Any _ and all"'presence of moisture, water stains, mildew odors, condensation, and obvious Mold-growth, are all possible indicators of a Mold condition;which may or,may not be toxic. Mold may have been removed or covered in the course of.any cleaning or repairing'of the Property.- Buver acknowledges that, if Seller"; or,any of Seller's employees,. contractors,representatives,brokers,or agents cleaned or repaired the Property or remediated the Mold contamination, that Seller does not in any Way.warrant the cleaning,repairs,or remediation,or that the Property is"free of Mold. Buyer is further advised to have the Property ;thoroughly inspected for Mold, any hidden defects,.and/or environmental. conditions or hazards affecting the Property. Buyer is also advised that all areas contaminated with Mold should be properly`and thoroughly.remediated.:Buyer represents and warrants that. (A).Buyer accepts full responsibility and liability.for all hazards,and Claims that may result from the presence of Mold in or around the Property;(B)If Buyer . �pr&eeds to close on the purchase of the Property,.then Buyer has inspected and evaluated.the condition of the Property to Buyer's complete satisfaction, and Buver is satisfied with the condition of the Prop ertynotwthstanding the past or present existence'of Mold in or around the Property;and(C)Buyer has not in any way,relied upon any representations or.warranties"of ell or'Seller's employees,'ofGcers, directors, contractors; representatives, brokers, or agents concermn ;p present existence of Mold or any environmental.hazards in or around the Property. BUYER(Initials] _ SELLER(initials) Revised 3/06 i In the event the Property is affected by an environmental hazard either Party may terminate the Agreement. In the event the Seller decides to sell the Property to,the Buyer and the Buyer agrees to purchasethe Property (as evidenced by Buyer and Seller proceeding to close)despite the presence of an environmental hazard,the Buyer releases the Seller and the Indemnified Parties from any Claims arising out of or relating in any way to the environmental hazard or conditions of the Property, and Buyer agrees to also execute.an additional general release at closing,in a form acceptable to Seller,related to the environmental hazard if Seller so requests.. In the event the Buyer elects not to execute,the additional release, Seller may, at the.Seller's.sole discretion,terminate the - Agreement upon notice given to Buyer. In the event the Seller has received official,notice that the Property is in violation of building codes or.similar laws or . regulations, the Seller may terminate the Agreement or delay the date of closing or the Buyer may terminate,the Agreement.in the event the Agreement is terminated.by either Buyer or Sellerpursuantto this Section 13,any earnest money deposit will be returned to the Buyer. If there is'an enforcement proceeding-arising from allegations of such violations before an enforcement board, special master,court or similar enforcement body, and neither the Buyer nor the Seller terminate the Agreement,the Buyer agrees(A)to accept the Property subject to the,violations,and(B)to be responsible for compliance with'the'applicable code and•with orders issued in any code enforcement proceedings. Buyer agrees to execute for closing any and all documents necessary or required by any agency with jurisdiction over the Property and to resolve the deficiencies as soon as possible after the closing. The closing of this sale shall constitute acknowledgement by the Buyer that Buyer had the opportunity to retain*an independent, qua]ified'professional to inspect the Property and that the condition of the Property is acceptable to the ' Buyer at the time of.closing. The-Buyer agrees that Seller and the Indemnified Parties shall have no liability for any Claims that the Buyer or the Buyer's successors or assigns may.incur as'a result of construction or other defects that may now or hereafter exist with respect to the Property. The Seller may be exempt from fling a disclosure statement regarding the condition of the Property because the Property was acquired through.foreclosure;deed-in-lieu of foreclosure,.forfeiture,tax sale, eminent domain or similar process. To the fullest extent allowed by law,Buyer waives any right to receive a disclosure statement from Seller,.a Buyer agrees to execute a separate waiver,,in a form acceptable to Seller, if the law requires the waiver t be a separate form. P , a " Buver initials 14. Repairs: All treatments for wood infesting organisms and all repairs shall be completed by a.vendor approved by= the Seller,and shall be subject to the Seller's satisfaction only:If the Seller has agreed to pay for treatment of wood infesting organisms;the Seller shall treat only active infestation.Neither the Buyer, nor its representatives,shall enter upon the Property to make any repairs and/or treatments prior to closing without the prior,written consent of the Seller. To the extent that the Buyer,or its representatives,make repairs and/or treatments to the Property prior to closing,the Buyer:hereby agrees to release and indemnify the Seller and the Indemnified Parties from.and against any and all Claims related in any to the repairs and/or treatments, and Buver further.agrees,atSeller's request,.to execute a separate release and indemnification in a form acceptable to the. Seller prior to the commencement:of any such repairs or treatments.The Buyer acknowledges that all repairs and treatments are done for the benefit of the Seller and not for the benefit of the Buver unless and untif the sale of the Property closes in accordance with the Agreement, and if Buyer closes Buyer acknowledges that the Buyer has inspected or has been.given the opportunity to inspect all repairs and treatments,Any repairs or treatments made,or caused to be made,by the Seller shall be completed prior to the closing.Under no circumstances shall the Seller be required to make any repairs or treatments after the'Closing Date. The Buyer acknowledges that closing'on this transaction shall he deemed to be the Buyer's'reaffirmation}that the Buyer is satisfied withthe condition of the Property and,with all repairs and treatments to the Property. Further, if Buyer closes, Buyer waives all Claims arising out of relating in any.way to-the condition of,or treatments or repairs to,the Property.Any repairs or treatments 'shall be performed for functional purposes only and exact restoration of•appearance or cosmetic items follow' any repairs or treatments shall not be required. ,The Seller shall not be obligated to obtain , or an provide th r ' e is for repairs or treatments,written statements indicating P Y receipts P leafing dates or.types of repairs BUYER(Initials) $- h SELLER(Initials)_ Revised '3/06 r: and/or treatments,copies of such receipts or statements, or any other documentation regarding any repairs and treatments to the Property. THE SELLER DOES NOT WARRANT OR. GUARANTEE ANY WORK, REPAIRS,OR TREATMENTS TO.THE PROPERTY. 15. Occupancy Status of Property: The Buyer acknowledges that neither the Seller,nor.its representatives,broke rs;agents,: or assigns,has made any warranties or representations; implied or:express, relating'to the existence of any tenants or : occupants at the Property unless otherwise noted in Section 10 of this Addendum. The,Seller,and'its representatives, brokers, agents, and assigns, shall not be responsible for evicting or relocating any tenants, occupants or personal. property at the Properly prior to or subsequent to closing unless otherwise noted in Section 1,0 of this Addendum. The Buver further acknowledges that,to the best'of the Buyer's knowledge,the Seller(A)is not holding any security { deposits from former or current tenants,and(B)has no information as to any security deposits that'may have been paid by former or current tenants to anyone.:Buyer agrees that no sums representing such tenant security deposits or any rights,title,or interest in such deposits shall be transferred to the Buyer as part of this transaction. The.-Buyer further agrees to assume all responsibility and liability for the refund of such security deposits to any tenants pursuant to the provisions of applicable laws and regulations.`All-rents that are due and payable and collected from tenants`for the month in which closing occurs will be prorated according to the provisions of Section 17 of this Addendum. The Buyer acknowledges that this Property may be subject to the provisions ofaocal rent control ordinances and regulations. The Buyer agrees that upon the closing all eviction proceedings and other duties and responsibilities of a property owner and landlord, including, but not limited to, those proceedings required for compliance with such local rent control ordinances and regulations,,will be the Buyer's sole responsibility. Buyer understands that the Property may be subject to redemption by the-prior:owner upon payment of certain sums, and Buyer may be.dispossessed of the Property. Buyer is advised to consult with an attorney to fully understand the import and impact of the foregoing.. Buyer agrees Buyer shall have no recourse against Seller in the event.the right of redemption is exercised. ' 16. •Personal' Property: Items of personal .property,_,including but not limited to; window, coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes, and garage door openers, now or . hereafter located on the Property, are not included in this sale or"the purchase price unless the personal property is specifically described and referenced in Section 10 of this Addendum:Any personal property at or on the Property niay be subject to claims by third:parties, and therefore, may be removed from the Property prior to or after the Closing Date. The Seller makes no representations or warranties as to the condition of any.personal property,title thereto, or whether any personal property is encumbered by any liens. The Buyer assumes responsibility for any personal.property " remaining on the Property at the time of closing. ' 17.. Closing Costs and Adjustments: (a) The Buyer and the Seller agree to prorate the following expenses as of closing-'and funding: municipal water and sewer charges,utility charges, real estate taxes and.assessments, common area charges,condominium or planned unit development or similar community assessments, co-operative fees, maintenance fees, and rents, if any. In determining prorations, the Closing Date shall be allocated to:the Buyer.'Payment of special assessment districi bonds and'assessments,and payment of homeowner's association or special assessments shall be paid`current and prorated between the:Buyer and'ahe;Seller,as.of.the Closing Date with payments not yet due and.owing to be assumed by the Buyer,without credit toward the purchase price.The Property taxes shall be prorated based on an estimate.or actual taxes from the previous year on the'Propert_y.All prorations shall be based upon a 30-day month and all such prorationsshall be"final.The Seller shall not.be responsible for any amounts due;paid;or to be paid after.'closing,including,but not limited to,any taxes,penalties or interest assessed or.due as a result of retroactive; . postponed or.additional .taxesrresulting from'any.change"in.use of,'or construction on, or improvement:to the Property;or.an adjustment in the.appraised or assessed value of the Property. If the Property is heated by,or has. storage tanks for'fael oil, liquefied petroleum gases, or similar fuels; the.Buyer will buy the fuel in the tank,at " * closing.at the c g; .price as. by ttic supplier, In the event the Seller.has•paid any'taxes, special assess rit Jhei fees and the"re rs a refund of any such taxes,assessments,or fees after closing. Buyer,as the' N , BUYER(Initials) / 9_ SELLER:(Initials) Revised 3/06 i then current owner of the Property,or theclosma agent,in the event of a holdback for""payment of such items,shall immediately remit the refund to the Seller. (b) Seller shall only pay those'closing costs :and fees associated with the transfer of the.Property that local custom.or practice clearly allocates to Seller and any closing costs and fees specifically agreed to in Section 6,and Buyer shall pay all remaining fees and costs. Notwithstanding the foregoing,FHA. A.allocation of closing costs shall apply when applicable. (c) The Seller shall pay the real estate commission per the listing agreement between the Seller and the Seller's listing broker. Unless disclosed to Seller,Buyer represents that Buyer is not a real estate licensee,and that the real estate licensee representing Buyer is not related to,or affiliated with Buyer., .18. Delivery of Funds:Regardless of local custom or practice,Buyer shall deliver all funds due the Seller from the sale by" wire transfer or in the form of cash,bank check,or certified check to the closing.agent prior,to delivery of the deed by the Seller to the Buyer. 19. Certificate of Occupant: If the Property is located in a jurisdiction that requires a certificate.of occupancy, smoke detector certification,septic certification,or any similar certification or perrmt("Certificate of Occupancy")or any form of improvement or repair to the Property to obtain such Certificate of Occupancy necessary for the Property to be occupied,the Buyer understands that the Seller requires the Certificate of Occupancy to be obtained by the Buyer at the Buyer's sole cost and expense.The Buyer shall make application for all required Certificates of Occupancy within ten (10) calendar days of the Effective Date. The Buyer shall not have the right to delay the closing due to the Buyer's `failure or inability to obtain any required Certificate of Occupancy. "Failure of the, Buyer.to obtain and furnish the Certificate of Occupancy shall be a material breach of the Agreement: 20. Delivery of Possession of Property: The Seller shall deliver possession of the Property to the'Buyer'at closing and funding of the sale. The delivery of possession shall be subject to the rights of any tenants or parties in possession per, Section 15 of this Addendum. If the Buyer alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows'any other person to occupy the Property prior to closing and funding without the prior written consent of the Seller,then:(A)Such event shall constitute a material breach by the Buyer under the Agreement;', (B)The Seller may terminate the Agreement; (C)The Buyer shall be liable to the Seller for all Claims caused by any such alteration or occupation of the.Property prior to closing and funding; and (D) Buyer waives all Claims for improvements made by the Buyer to the Property including,but not limited to,any Claims for unjust enrichment 21. Deed: The deed to be delivered at closing shall be a deed that covenants that grantor grants only that title that grantor may have and that grantor will only defend title against persons claiming by,through, or under`the grantor, but not otherwise(which deed'may be known as a Special':Warranty,Limited Warranty,Quitclaim or Bargain and Sale Deed). Any reference to the term"deed"or"Special Warranty Deed"herein shall,be construed to refer to such form of deed. 22. Defects in Title: If the Buyer raises an objection to the.Seller's title to the Property,which,if valid;would make title to the Property uninsurable,the Seller shall have the right unilaterally to terminate the Agreement by,giving written notice of the termination to the Buyer: However,if the Seller is able to correct the problem through reasonable efforts,as the 'Seller determines,at its sole and absolute discretion,prior to the closing.date set forth in the Agreement,including any written extensions,or if title insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title.objections,then the Agreement shall remain in full force and the Buyer shall perform.: pursuant to the terms set forth in the Agreement:The Seller is not obligated to(_A).remove any exception-.(B)bring any action or proceeding or bear any expense'in order to convey title to the.Property,or,(C)make the title marketable or insurable. Any,attempt by the Seller:to remove such title exceptions shall not impose an obligation upon the Seller to remove those exceptions. ,The Buyer acknowledges that the Seller's title to the Property ,,may,be subject.to court. approval of foreclosure or to'a:mortgagor's right of redemption:Tn the event the Seller is not able to(A)make the title insurable or,correct,all title.problems, or,(B) obtain title insurance for the Property from'a reputable title insurance'' company, sole remedy ma vtenninate the Agreement and an carnest'money deposit will be returned to the Buyer as the Party Y � Y • " Buyer'sq ty. BUYER(Initials) 10- SELLER(Initials) - Revised.3/06 . 23. Representations and Warranties: In addition to.Buyer's representations and warranties made elsewhere herein such as those found in Section 13 of this Addendum,the Buyer represents and warrants to the Seller the following: (a) The Buyer is purchasing the Property solely in reliance on its own investigation and inspection of the Property and not on any information,representation or warranty provided or to be provided by the Seller, its servicers, representatives,brokers,employees,agents,or assigns,including,but not limited to,any information provided on any brochures or web sites of Seller or Seller's agents or brokers,or any information on�the Multiple Listing Service; (b) Neither the. Seller, nor its servicers, employees, representatives, brokers, agents or,.assigns, has made any l representations or warranties, implied or express, relating to the condition of the Property or the contents p thereof,except as expressly set forth in Section 10 of this Addendum; • . ' (c) The Buyer has not relied on any representation or warranty from the Seller,or Seller's agents or brokers regarding the nature,quality,or workmanship of any repairs made by the Seller; in nd funding, and. frto c los a rio the ert > .occupy, h _ (u) ,The Buyer will not occupy, or cause or permit others to. o py, p y p S g , unless and until any necessary Certificate of Occupancy has been obtained from the'appropriate governmental entity,Buyer will not occupy or cause or permit others to occupy the Property after closing-and (e) Buyer is not an officer,an employee,a director,or a Business Partner(as defined below)of Countrywide Home Loans,Inc.,.or its parent company,subsidiaries;or affiliated companies.�Buyer understands and acknowledges that` Seller prohibits.such persons from purchasing;he Property,directly, indirectly,or through a family member or an �. interest in a partnership,corporation,joint venture,trust,or other entity. "Business Partner"shall mean any agent, broker,appraiser;attorney,trustee,property inspection or preservation company,title company,representative,or vendor of Countrywide Home Loans,Inc.,or its parent company,subsidiaries,or affiliated companies. Buyer initials f 24. Conditions to the Seller's Performance: The Seller shall have,the right, at the Seller's sole discretion, to extend the Closing Date or to terminate the Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior'to the Closing Date or the mortgage insuranee'company'exercises:its right to acquire title to the Property; (b) the Seller determines that it is unable or,it is economically,not feasible to}convey good and marketable title.to the Property insurable by a reputable title insurance company at regular.rates; u' (c) a third party having'an interest:in the Property(or the loan that wa`s secured by the Property)has requcsted-that the ` • : servicing.lender,,or any,other party,release the servicing of or repurchase such loan or the,Property., (d) full payment of any property,fire or hazard insurance claim is not confirmed prior to the Closing Date; (e),any third party,.whether tenant, homeowners association, or otherwise,'exercises rights under a right of first, refusal to purchase the,Property; (fj' the.Buyer is the.former mortgagor,of the`Property whose interest.)kas foreclosed,or is related to or affiliated in any: ti way with th ,;fo r mortgagor, and''the Buyer has not disclosed this fact.to the Seller prior to the,.Seller's acceptatice:o Agreement. Such failure to disclose shall constitute"a material'breach under the Agreement, BUYER(.initials) SELLER(Initials) Revised 3/06 entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the earnest money deposit;or (g) the Seller;at the Seller's sole discretion, determines that the sale of the Property to the Buyer, or any related transactions,are in any way associated with illegal activity of anykind. In the event the Seller elects to temiinate'the Agreement as a result of(a),(b),(c),(d);(e)or above,tkie Seller shall` return the Buyer's earnest money deposit and the parties shall have no further obligation under the Agreement,except as ; to any provision that survives termination pursuant to Section 30 of this Addendum. 25. Seller`s Remedies for Buyer's Default: In the event of Buyer's-material breach or material misrepresentation of any fact under the terms of the Agreement,(1) the Seller,at its option,may retain the earnest money deposit and any other funds then paid by the Buyer as liquidated damages and/or invoke any other remedy expressly set out.in the Agreement.or.available under applicable law,(2)the Seller is automatically released from the obligation to sell the Property to the Buyer,and(3)Seller and the Indemnified'. Parties shall not be liable to the Buyer,for any Claims.arising out of or'relating i.n any way-to the Seller's failure to sell ` and convey the Property to Buyer: a 26. indemnification: The Buyer agrees to indemnify, defend and hold harmless Seller, and its affih.ates, subsidiaries. ` parent company, representatives, agents, officers, directors, employees; attorneys; shareholders, servicers, tenants, brokers, predecessors, successors, and assigns ("Indemnified Parties") from and against any and all-claims, causes of action, whether administrative or judicial, losses, costs (including any and all reasonable attorneys' fees, court costs, and reasonable costs of investigation, litigation, and settlement), expenses, sanctions, curtailments, interest, liabilities, penalties, fines, demands, liens,judginents, compensation, fees, loss of profits, injuries, death, and/or damages, of any kind whatsoever, whether known or unknown, fixed or contingent;joint or,several, criminal or civil,or in law or inequity("Claims")arising from,in connection with,or in any way relating to: (a) inspections or.repairs made by the Buyer or its agents,,representatives,brokers,employees,contractors,successors or assigns; (b) the.imposition of any fine or penalty imposed by any governmental entity resulting from the Buyer's failure to timely obtain any Certificate of Occupancy or to comply with equivalent laws and regulations; (c) claims for amounts due and owed by the. Seller for real property taxes, homeowner's association dues i or assessment, or any other items prorated at closing under Section l7 of this Addendum, including any penalty or interest and other charges, arising from the proration.of such amounts for which the Buyer received a credit at closing under.Section 17 of this Addendum; ;(d) the Buyer or the Buyer's tenants;:agents or representatives use and/or occupancy of the Property prior to closing and/or issuance of required Certificates of Occupancy;or " (e) The Buyer's breach of or failure to comply fully with any provision ision in the Agreement. Buyer initials 27. Risk of Loss: In the event of fire,destruction,or other casualty loss to the Property after fh'e Seller's'acceptance f tire* Agreement and priorto closing and'funding, the Seller may, at its sole discretion, repair.or restore the Property, or either Party may terminate the Agreement.If the.Seller elects to repair or.restore the Property,then the Seller may,at its sole discretion, limit.the amount to be expended. If the,Seller elects to repair or restore the Property,:the Buyer shall' either(a),acquire the Property in its AS-IS"condition at the time of such acquisition at:the purchase price provided in '-.,Section 3 herein with no reduction for such.loss,or(b)terminate the Agreement and,receive a refund'of any earnest money.deposit - BUYER(Initials] t 712, SELLER(Initials)__ y Revised 3/06 28. Eminent Domain: In the event that the1SelleCs interest in the'Pro erty, or an art thereof, shall have been taken b P YP Y eminent domain,or shall be,in the process of being taken on or before the Closing Date,either Party may terminate the Agreement and the earnest money deposit shall be returned to the Buyer,and neither,Party shall have any further rights or liabilities hereunder,except`as provided in Section 30 of this Addendum 29: K_eys:Buyer is.aware that the property maybe on a master key system..Buyer is encouraged to re-key the property after closing.Buyer agrees to hold Seller:and the Indemnified.Parties harmless for any Claims relating in any way to any theft or damage of personal property that occurs after the Closing Date: 30. Survival: Delivery of the deed to.the Property to the Buyer',by,the Seller shall be deemed to be full.perfommnce'and discharge of all of the Scllcr's'obligations under the Agreement. Notwithstanding anything to the contrary in.the Agreement,the provisions of'Sections 1, 113, 1.4, 15; 17,.19, 20, 23, 25,26,27, 28,30, and 47 of this Addendum,,as well as any other provisions that contemplate performance or observance subsequent to any termination or expiration of the Agreement,shall survive the closing,fundirig and the delivery`of the deed and/or termination of the Agreement by any Party and such provisions shall continue in full force and effect. 31. Title and Closing:,The providers of title and escrow/closing services shall be designated by Seller. Seller shall pay for Standard ALTA Homeowners policy of title insurance. Buyer is hereby;notified that LandSafe.Title Company is an affiliate of Seller.: 32, Severability:.If any provision of the Agreement is determined to be invalid, illegal or unenforceable, the.remaining provisions shall not be affected or impaired thereby, and no provision shall.be deemed dependent upon any other. provision unless so expressed herein. 33. Termination of Agreement: If either Party terminates the Agreement when permitted:to do so.the Parties shall.have no further obligation to each other, except as to.any provision that survives the termination 'of the,Agreement pursuant to Section 30 of this Addendum.' 34. Assignment of Agreement. The Buyer shall not assign(lie Agreement.The Seller may assign the'Agreernent at its sole discretion without prior,notice to,or consent oft he Buyer 35. Modification and Waiver: No provision, term or-clause of the Agreement shall be revised, modified,amended or waived,except by an instrument in writing signed by the Buyer and'the.Seller. The.waiver by Party of a breach of the Agreement shall'not.operate or be construed as a waiver of any other or subsequent breach. No course of, dealing between the Parties shall operate as a waiver of any provision of the Agreement. 36. Rights of Others:The Agreement does'not create any rights;claims'oi`benefits inuring to any person,or entity,other. than Seller's successors and/or assigns,that is not.a P'arty,to the Agrcement,'nor docs'it create or establish any third party,beneficiary-to the Agreement. 37. Counterparts and Facsimile: The Agreement may be exi cuted simultaneously in any number of counterparts: Each counterpart shall be deemed to..be- an original, and all such counterparts shall' constitute one and the same instrument. A signed facsimile of photocopy of the Agreement`shall be treated as an original,and shall be deemed' to be as binding,_valid, genuine; and authentic as an originally signed agreement for all purposes; including all matters of evidence and the"best evidence"rule , 38. T Headings: The titles to the sections•and, headings of various paragraphs of the Agreement:are placed for convenience of reference only,and in casc::of conflict the text of the A_reement,rather than such titles or headings, shall controhr 39. Gender:'Unless the context otherwise requires, singular nouns and pronouns:when used herein,shall be deemed to include the.plural ofsuch`nouns or pronouns,and pronouns of one gender shall be deemed to includethe equivalent pronoun of the other ender: BUYER(initials) ' 13- SELLER(Initials] Revised 3/06 40. Force Maieure: Except as provided in Section-27 to this Addendum, no Party shall tie responsible for delays or failure of performance resulting from acts of God,riots,acts of war,epidemics,power failures,earthquakes or other d disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and"cannot reasonably be circumvented by such Party through_use of alternate sources, workaround plans,or other means. 41. Attorney Review: The Buyer acknowledges`.that Buyer has had the opportunity to consult with its legal'counsel regarding the Agreement and that accordingly the terms of the Agreement are not to be construed against any Party because that Party drafted the Agreement or construed in favor of any Party.because that Party failed to understand . the legal effect of the provisions of the.Agreement. 42. Notices: Any notices. required to be given under the Agreement shall be'deemed to have been delivered when actually received in the case of hand.or overnight delivery-or by fax with confirmation of transmission to the numbers below,or five(5)calendar days after mailing by first class mail,postage paid,:All notices,to the Seller will be deemed sent or delivered to the Seller when sent or delivered to Seller's listing broker or agent or Sellers attorney,at the address or fax number shown below.All notices to the Buyer shall be deemed sent or delivered and effective when sent or delivered to the Buyer or the Buyer's attorney or.agent at the address or fax number shown below. r 43. Dispute Resolution: At the request of either Party, any dispute arising under this Agreement shall be submitted to mediation before resorting to arbitration or court action. Mediation fees shall be divided equally and each Party shall bear his or its own attorney's fees and costs. Neither Party'may require binding arbitration prior to commencement of court action,although the parties may mutually agree to such arbitration.' 44. EFFECT OF ADDENDUM: THIS REAL ESTATE PURCHASE ADDENDUM AMENDS AND SUPPLEMENTS.. . THE CONTRACT AND, IF APPLICABLE, ESCROW INSTRUCTIONS. .'IN THE EVENT THERE IS.ANY ". CONFLICT BETWEEN THIS ADDENDUM AND'THE CONTRACT OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER DOCUMENTS ATTACHED AND MADE A PART OF THE AGREEMENT,THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL,EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW. The undersigned, if executing the Agreement on behalf of a;Seller and/or a Buyer that is a corporation,partnership, trust or other entity,represents and warrants that he/she is authorized by that entity to enter into the Agreement and bind the entity to perform all duties and obligations stated in the Agreement and shall provide Seller with proof of such authority upon execution of the Agreement. 45. Initials: Buyer and Seller agree to all of the terms in the Agreement whether any provision or page,is separately initialed or not. For emphasis some sections or provisions in the Agreement contain a place for Buyer and/or Seller to separately initial, but the failure by Buyer or,Seller.to initial any section,:provision, or page in-the.Agreement'. k shall not affect the enforceability of any term or provision in the Agreement. 46. Entire Agreement: The Agreement.(including'any disclosure of information-on.lead based paint or hazards,and other disclosure forms or notices required by law to be provided to Buyer) constitutes'the entire agreement between:the 4 w Buyer and the Seller concerning the subject matter hereof and supersedes all previous written and oral communications, understandings,representations,warranties,covenants,and agreements. Further,Buyer and Seller represent that there . are no oral or other written agreements between the Parties. ALL NEGOTIATIONS ARE MERGED INTO THE AGREEMENT, AND NO ORAL:: OR WRITTEN,, EXPRESS OR IMPLIED, , PROMISES; REPRESENTATIONS,• WARRANTIES; COVENANTS,' UNDERSTANDINGS, COMMUNICATIONS, AGREEMENTS, OR .INFORMATION MADE OR PROVIDED BY THE SELLER, OR SELLER'S EMPLOYEES, AGENTS, REPRESENTATIVES, OR BROKERS, INCLUDING, BUT NOT LIMITED TO ANY.INFORMATION ON SELLER'S OR SELLER'S AGENT OR BROKER'S WEB SITES, SALES BROCHURES,OR ON THE MULTIPLE LISTING.SERVICE SHALL BE DEEMED VALID.OR BiNDING Y UPON THE SELLER,UNLESS EXPRESSLY INCLUDED IN THE AGREEMENT.' BUYER(Inifials) ! -14 ti SELLER(Initials) Revised 3/06 47. Attomevs'Fees,Court Costs,and Legal Expenses: In anv action, proceeding, or arbitration arising out of, brought under,or relating to the terms or enforceability of the Agreement the prevailing Party shall be entitled to recover from the losing Party all reasonable attorneys'fees,costs,and expenses incurred in such action,proceeding,or arbitration. 48. LANGUAGE IN BOLD OR CAPITALIZED: FOR EMPHASIS AND BUYER'S BENEFIT SOME PROVISIONS HAVE BEEN BOLDED AND/OR CAPITALIZED(LIKE THIS SECTION) BUT EACH AND EVERY PROVISION IN THIS ADDENDUM IS SIGNIFICANT AND SHOULD BE REVIEWED AND " UNDERSTOOD. NO PROVISION SHOULD BE IGNORED OR DISREGARDED BECAUSE IT IS NOT IN b. BOLD OR EMPHASIZED IN SOME_MANNER, AND THE FAILURE TO BOLD CAPITALIZE OR_ EMPHASIZE IN SOME MANNER ANY TERMS OR PROVISIONS IN THIS .ADDENDUM SHALL NOT AFFECT THE ENFORCEABILITY OF ANY TERMS OR PROVISIONS. IN WITNESS WHEREOF, the Buyer and the Seller have entered.into the Agreement effective as of the date it.is executed by Seller as set forth below, BLTYER(S): / %. SELLER 1 � � 4 , • L Signature: i:,Countrywide Home Loans,Inc.: Date: J' Countrywride Home Loans,Inc.,as Agent in Fact For: ail C��G;Print Name: S�:Iti n ,.s Address: C�{� , f74Q �u.-� (MI By.: JULIA COLLINS — - le ) 2 6,,_3 Title:ASSET MANAGER Date: 11-07-08 Telephone: C �r�i 31c,.17"8'33 9 " Fax: Signature: - Date: Print Name: ' ., Address: Telephoner Fax w BUYER'S AGENT: SELLER'S AGENT. ". Buyer's Agent Name:CLIFFORD. CARROLL MSelier's Agent Name;REBECCA PUTNAM Address: b� A't Address:424 Main Street �- BUYER(initials) _ I, SELLER(Initials) Revised +/06 . MA Falmouth MA- 02540 , Telephone: (508)771-2000 Telephone:(774)836-8342 77S Fax:(508)548-7401 BUYEWS ATTORNEY: l` SELLER'S ATTORNEY: . Name:_ Name: Address: Address: Telephone: 77'?3k ' 11 Q?7 Telephone: Fax: _l `G_\. C1,3 t © Fax: CLOSER;. . TITLE COMPANY: Company Name: Company Name: First American Contact Person: Contact Person: FIRST AMERICAN Telephone:P _ T 800 2 - ele hone: ( 5 5 363 3 P Fax: Fax: COUNTRYWIDE CLOSING CONTACT:' *' Escrow/Closing Officer Name: Escrow./Closing Officer Phone No.: Eserow/Closing Asst.Name: p + Escrow/Closing.Asst.Phone No.: BUYER(Initials) - 16-' SELLER(initials) Revised 3/06 FHA Amendatory Clause Rear Estate Certification. Borrower Name(s): Borrower Address: Sa- Property Address: FHA Case Number. Ick FHA AMENDATORY CLAUSE 41. It is expressly agreed that notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the-purchase of.the.property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the,purchaser has been given in accordance with HUD/FHA or VA.requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a'Direct Endorsement Lender, setting forth the appraised value of the property of not less than The purchaser shall have the privilege and option of proceeding with consummation of the contract without,regard.to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and.Urban Development will insure. HUD does not warrant the value or the condition of the property. The purchaser should satisfy himself/herself that the prise and condii on:of the property are acceptable. Borrow ate .: o-Borr er. ate . . Seller Date Seller. Date REAL ESTATE CERTIFICATION The borrower,seller,and the selling real estate agent or broker involved in the sales transaction certify that the terms' and conditions of the sales contract are true to the.best of their knowledge and,belief and that any other,agreement . entered.into by any:of the parties in connection with the real estate transaction is part of,.or attached to; the sales agreement. - �. Borrower Date Co-Borrower -Date ' Seller x -Date Seller Date Listing Agent(Seller's Agent) Date Selling Agent(Buyer's Agent) Date FHA Amendatory Clause 10l05.-Encompass'""from Ellie Mae-www.elliemae.com i LrA Z ov-L �1HE TOWN OF BARNSTABLEBuilding Application Ref: 200704550 *$ Permit BARNSTASLE, Issue Date: 07/25/07 y MASS. �p i639• ♦� Applicant: DALEY MARK PATRICK rFp Mph A Permit Number: B 20071770 Proposed Use: SINGLE FAMILY HOME Expiration Date: 01/22/08 Location 19 LONGBOAT DRIVE Zoning District RC Permit Type: RESIDENTIAL ADDITION/ALTERATIO Map Parcel 193156 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village CENTERVILLE App Fee$ 50.00 License Num OWNER Est Construction Cost$ 1,000 Remarks APPROVED PLANS RETAINED ON JOB AND REMOVE EXISTING INTERIOR WALLS IN BASE O OPEN CE THIS CARD NIP 4 KEPT POS D UNTIL FINAL I ECH BEE DE. W ERE^A TI E #0T ANCY I QUIRED,SUCH Owner on Record: DALEY, MARK PATRICK UILD NG S BE O PIED UNTIL A FINAL Address: 19 LONGBOAT DR INSPECTION HAS B ADE. CENTERVILLE, MA 026 Application Entered by: JL Building Permit Iss THIS-PERMIT CONVEYS NO'RIGHT TO OCC ANY 8TRE SIDEWALK OR AN ART THE 0 H TEMPORARIL ,'OR PERMANENTLY ENCROACHEMENTS`ON PUBLIC'PROPERTYNOT SPECIFICALLY PERMITTED UNDERTHE BUILDING CODE MUST BE APPROVED BY THE JURISDICTION. STREET;ORALLY GRADES AS°WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FRO OM THE DEPART MENTOF PUBLIC;WORKS: THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE.LINING IS INSTALLED: 3.WIRING&PLUMBING INSPECTIONS,TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). h BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 t 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health .1 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION May y Parcel �i 5-- 1 �- p � Application# � Health Division Date Issued' Conservation Division Application Fee Tax Collector Permit Fee , oZ� Treasurer r7/25`/" Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 9 1 0 a Village Owner M Ac- \ Address 1 ct G i Telephone (Co i I ) �}- Permit Request g hv,V 1V tLL ( /,mil "een Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family 5d," Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: 0 Yes ❑No On Old King's Highway: ❑Yes t�'No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing `.Z �� new Half:existing new Number of Bedrooms: existing 32 new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑'Oil ❑Electric ❑Other Central Air: ❑Yes No Fireplaces: Existing New Existing wood/coal!stove, WYes ANo Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑ex s siz ting LkRew e Ir-- P-, Attached garage:❑existing ❑new size Shed:Wexisting ❑new size Other: `j ") �J > Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ 3 Commercial ❑Yes ❑No If yes, site plan review# n, Current Use Proposed Use Z71 BUILDER INFORMATION Name Telephone Nu er 1 I Y--,� / �ress 14 kilt e, License# Home Improvement Contractor# ,r Worke>BE ' pe ation# ALL CON UCTION DEBRIS RESULTING FROM THIS PROJECT WILLN TO SIGNATURE DATE • e FOR OFFICIAL USE ONLY - APPLICATION# 4, DATE ISSUED �r MAP/PARCELNO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: * FOUNDATION FRAME Y INSULATION FIREPLACE • F ELECTRICAL: - ROUGH FINAL w PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING Sb'r,-->IUZ4n6- L� • Y� • DATE CLOSED OUT, ' ASSOCIATION PLAN NO. W - ♦ w oFTHE r Town of Barnstable Regulatory Services BARNSTABLE, : Thomas F.Geiler,Director Ar p.�� Building Division Fp MA't Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: L a r) r C e./I �r • l-e number j street village "HOMEOWNER": u r �P name J� home phone# work phone#l CURRENT MAILING ADDRESS: , tl 1� 4\ @ ` 1 All -S city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable.Building Department. minimum inspection procedures and requirements and that he/she will comply with said procedures and re uiremen s. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the.permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor..On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt I ' The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations - _ 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers} Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl J. CXity/State/Zip:CeLV1\1U1 ame(Business/Organization/Individual): . ddress: e VS a---- Phone.# Are you an employer? Check the appropriate box: Type of project(required):, 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction . employees(full and/or part-:.time). have hired the sub-contractors 2.❑ I am a"sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' 9 ❑Building addition [No workers' comp.insurance camp.insurance.# required.] 5. ❑ We are a corporation and its ME]Electrical repairs or additions 3. 1 am ahomeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions �/ myself [No workers' comp- right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' . •13.❑ Other comp.insurance required.] . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ;Contractors that check this box must attached sn additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisomnent,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of estia" ' ns of the DIA for insurance coverage verification. do ereby certify:ender �ns-andpenalties ofperjury that the information provided above is true and correct:ienature: , Date: Phone Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Informnation and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee-of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the' dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to bean employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of complfauce with the in.�ance requirements of this chapter have been presented'to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if, necessary,supply sub-conti actor(s)name(s), address(es)and phone number(s)along with their cerdficate(s)of insurance. Limited Liability Companies*(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that ibis affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. -The affidavit should be returned to the city or town that the application for the-permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-incoranpe license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permittlicense number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bi in leaves-etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax 4 617-727-7749 w-ww.mass.govfdia r ���►,E,�y� Town-of Barnstable Regulatory Services sAar MA A SS. Thomas F.Geiler,Director � . Building Division • �''lED MP'�a Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 509-862-4038 Fax; 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, -improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. • Type of Wo 0()1 "'r1 Ic'b a i!/ Estimated Cos ld—r—z) 1 Address of Work: ,�1 ,' f r n t r e o.. Owner's Name: C .�, Date of Application: —7 ;t Q I hereby certify that: Registration is not required for the following reas on(s): ❑Work excluded by law ❑Job Under$1,000 QBuilding not owner-occupied• [Owner.pulling own permit Notice is hereby given that: y OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES.OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. O s a D e Owner's Name Q:fo=:hcmeafdav I r : I 1 • I . r LO 00 OD W i - _ i I - s i I- 1, I �- i �• — ----- - - : , i i I ' f I... o �E I � i - I �I j ' I i •I� i f 911 00 00 00 - yf , i , I o : I. O . : i , _.�. ,.. ..ter--.•e�-- �^P -` � �77,777, 7777 1� I f �F1HE ley, Town of Barnstable y�Pv ti� Regulatory Services + BARNSfABLE, 9 MASS. g Thomas F.Geiler,Director 1639.A,fo39.,16 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 8, 2007 Carol Flaherty/Occupants 19 Longboat Dr. Centerville, MA 02632 RE: EXIT ORDER 19 Longboat Dr. Map : 193 Parcel :156 Dear Ms. Flaherty/Occupants : The basement at the above referenced address contains bedrooms with insufficient emergency means of egress as required by 780 CMR 3603.10.4.1. In accordance.`vith -- 780 CMR 121.0 and 780 CMR 3400.5 you are notified that the basement bedrooms are declared dangerous and unsafe and their use must cease immediately. You may call this office at (508) 862-4034 with any questions. Thank you for your anticipated - cooperation in this matter. By Order, de L. Lauzon Local Inspector t Q:zoning5 f w � Doc=17104T511 01-14-2009 1:55 C t f--:187754 BARNSTABLE LAND COURT REGISTRY Massachusetts Quitclaim Deed by Corporation Bank of New York as Trustee for the Certificate Holders of CWMBS 2004-12, a corporation duly established under the laws of the United States and having its usual place of business at c/o Countrywide Home Loans, Servicing, LP, 7105 Corporate Drive, Plano, TX 75024 for consideration paid, and in full consideration of Two Hundred Three Thousand and 00/100 Dollars($203,000.00) Grants to: John T.Viola and Jason Viola, as��,•,n�- 1en��-4-� of 2167 Falmouth Road,Centerville,MA 02632 a Property address: 19 Longboat Drive,Centerville,Barnstable County,Massachusetts 02632 �3 With Quitclaim Covenants The land together with any buildings thereon,situated in Barnstable,County of Barnstable in the Commonwealth of Massachusetts,being shown as LOT IS) 10 on Land Court Subdivision Plan No.38507-B(sheet 1 of 5)filed in the A (� Barnstable Registry District of the Land Court. � r d0 Said premises are conveyed subject to and with the benefit of easements and restrictions of record, if any, insofar as the same may now be in force and N applicable. For Grantor's Title see Foreclosure Deed registered with the Barnstable d County Registry District of the Land Court,as Document No. 1101457, oThe Grantor herein certifies that the premises do not constitute all or Q substantially all of the assets of Bank of New York as Trustee for the Certificate Holders of CWMBS 2004-12 or Countrywide Home Loans Servicing, LP situated in the Commonwealth of Massachusetts and that the transfer is being made in the ordinary course of the grantor's business. gZe 6ohhw thlo- c1h ssachuset, JCCP&69�7Jao 00/ m William Francis Galvin Secretary of the Commonwealth December 24,2008 To Whom it May Concern: I hereby certify that according to the records in this office,an application for registration in the Commonwealth as a foreign Limited Partnership was filed in this office by COUNTRYWIDE HOME LOANS SERVICING,LIMITED PARTNERSHIP in accordance with the provisions of Massachusetts General Laws, Chapter 109, § 49, on July 6, 2000. I also certify that the names of the General Partners as listed in the most recent filings are as follows: COUNTRYWIDE GP, LLC 4500 Park Granada CH-11 Calabasas,CA 91302 I further certify that said application has neither been cancelled nor has a Certificate of Withdrawal been filed by said Limited Partnership as of this date. In testimony of which, I have hereunto affixed the f�a ?g - Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Processed By:sam BARNSTABLE REGISTRY OF DEEDS Health Complaints 07-May-07 Time: 11:03:00 AM Date: 1/9/2006 Complaint Number: 18612 Referred To: DAVID STANTON Taken By: JOAN AGOSTINELLI Complaint Type: CHAPTER II HOUSING Article X Detail: ILLEGAL OPERATIONS Business Name: Number: 19 Street: LONGBOAT Village: CENTERVILLE Assessors Map_Parcel: Complainant's Name: ANONYMOUS Address: Telephone Number: Complaint Description: There is an overcrowding problem at this house. Assessor's have it as a three bedroom house. There is a minimum of 4 cars at night. There are 6 cars some of the time overnight. There is supposed to be 3 children and 2 adults. i Actions Taken/Results: DS WENT TO SAID LOCATION. SPOKE WITH TENANT(CAROL FLAHERTY) SHE CLAIMS THE HOUSE IS LEGAL, AND BEING FUNDED BY THE STATE (SECTION 8) DOES NOT KNOW WHY THE TOWN WASTES MONEY ON BOGUS STUFF WHEN HER CHILD NEEDS MORE MONEY FOR SCHOOL. SHE STATED THAT 5 CHILDREN AND 3 ADULTS LIVE THERE, AND THE STATE IS AWARE OF THIS. SHE STATED THERE ARE 5 BEDROOMS IN THE HOUSE. WHEN DS GETS TIME, HE WILL TRY AND CALL THE STATES SECTION 8 GROUP TO SEE IF HE CAN GO DOWN AND INSPECT WITH THEM TO ENSURE THAT THE HOUSE IS UP TO CODE, THE NUMBER OF BEDROOMS AND USE OF SPACE IS LEGAL, AND THE SEPTIC IS ADEQUATE. THEY _ /FY Health Complaints 07-May-07 ALSO NEED TO POST A RENTAL SIGN IN THE FRONT YARD PER TOWN OF BARNSTABLE CODE. Investigation Date: 1/9/2006 Investigation Time: 2:45:00 PM 2 Giangregorio, Robin From: Stanton, David Sent: Thursday, May 10, 2007 8:06 AM To: Giangregorio, Robin Cc: Lauzon, Jeffrey Subject: FW: 19 longboat dr, centerville -----Original Message- --- From: nicole viera [mailto:nviera@peoplepc.com] Sent: Wednesday, May 09, 2007 5:54 PM To: Stanton, David Subject: 19 longboat dr, centerville The letter we received today states that the downstairs basement of our home cannot be lived in.I was living in one of the downstairs bedrooms. I am lookin for housing and i need a letter stating that the basement is inhabitable in order to get emergency housing. if you could please have a letter ready by 9 A.M tomorrow morning i can come and pick it up. . Thank You Flaherty/Ocupents 1-9.Long-boat—D—r----J Cente.rvi1-1e - PeoplePC Online A better way to Internet http://www.peoplepc.com 1 f } Certified Mail#7006 0810 0000 3525 0083 Town of Barnstable Regulatory Services DAW tX, Thomas F. Geiler, Director %ma � Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Mr. Mark Patrick Daley May 8, 2007 24 Amelia Drive Nantucket, MA 02554 c 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 49,Longbo,atff-n7-;C-enter_ville-, was partially inspected on May 7, 2007 by David W. Stanton R.S., Health Inspector for the Town of Barnstable because of a complaint. The following violation of the State Sanitary Code was observed: 105 CMR 410.450: Means of Egress: Adequate egress was not provided in the two basement bedrooms per the Massachusetts State Building Code. The code reads specifically: "105 CMR 410.450: Means of Egress: Every dwelling unit, and rooming unit shall have as many means of exit as will allow for the safe passage of all people in accordance with 780 CMR 104.0. 105.1, and 805.0 of the Massachusetts State Building Code." However, it is noted that the correct reference to the Massachusetts State Building Code for egress is 780 CMR 102, 103, and 1010. During the complaint investigation on 5/7/07 the tenants were given verbal notification of an exit order at the end of the investigation by the Building Inspector to immediately vacate the illegal basement bedrooms for sleeping purposes due to lack of adequate egress. The following violation of the Town of Barnstable Code was observed: � 170-4 of the Town of Barnstable Code: Owner's Responsibility to Register Rental Unit. The unit is not currently registered with the Town of Barnstable Health Division. You are ordered to correct the violations listed above by immediately ensuring that no occupants sleep in the two basement bedrooms. You are also ordered to register the rental unit with the Town of Barnstable Health Division within Five (5) days of your receipt of this notice. .Furthermore,you are ordered to either bring the bedrooms in the basement up QA Order letterMousing violations\19 Longboat Drive.doc to code with all necessary building permits or by eliminating the bedrooms in the basement with all necessary building permits within fourteen (14) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received. 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. PER ORDER OF THE BOARD OF HEALTH Donald Desmarais, R.S. Health Inspector Town of Barnstable Cc: Carol Flaherty, Tenant Tom Perry, Building Commissioner) Chief John Farrington, COMM Fire Department Tom Lynch, Director Barnstable Housing Authority QA Order letters\Housing violations\19 Longboat Drive.doc l — --— ——�z,..>—,—�— ' � � � �. + � �. �`f%� � � /" �� ��� ��� ,.�J�a; . �� � � � room;see mrou9"•!e",p�avv, ~hardwood floor cathedral kit chen $139,900. 428-2181 CENTERVILLE: Or OPEN HOUSE.14 O' Ty Ranch w/•a surprise inside. This' 21/2 bath,.4 bedroom, fire- the place, large deck, vYal�t .plac(, pr'vate lower level^w/fullAW& room &-'S finisfie .roo^`ss -approx. ran' `t i800--S ft:living space.-great dista !AGE neighborhood, 19 Longboat ciou room, Drive.Dir: Old Stage to^Oak won' living to Longboat. $129,500. Call gard hard- Owner/broker 508-420-2375 of-dc-, 'eyrear ENTERVILL ew Cape,3 ��� - to_car bedrooms, 2 baths, 2 cr :, _ naraae—cak,_deck_acre . 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Description Code Appratsea value Assessea value O BOX 605 ESIDNTL 1010 55,90a 55,90 801 BARNSTABLE,MA 02668 BARNSTABLE,MA Account# ILUU14 Plan Ret. ax Dist. 300 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 10 L Notes: ' DL 2 C38507B oa ni Qs r. Code Assessede value r. o ssesse Value r. o e\J Assessedvalue UFFUM,RICHARD S&BARBARA C89846 10/15/8 Q 1 58,00 UCHESNEY 4/15/82 Q V 9,00 oa. oa. , otl 12U,10 H. i essor nw a Year lypelvescription Amount Code Description Number mount omm.Int. AP.ems •• r Appraised Bldg.Value(Card) 41,500 Appraised XF(B)Value(Bldg) 14,400 Appraised OB(L)Value(Bldg) 0 7oral.1Appraised A r a' a lu e(Bldg)g 30,600 p Special Land Value 0,, a Total Appraised Card Value Total Appraised Parcel Value 86,500 Valuation Method: Cost/Market Valuation NetTotal Appraisedarce a ue „ - •: 3- 1,1111 17&j - ermit ID Issue Date Iype Description Amount Insp.Date No Comp. Date Conip. Comments Date urpose l Kesu t Y Use Code escrrpllon one rontage ept nits nit rice actor actor Nbhd. Adj. Notes- ,/ pecta ricing Adj. unit Price Lana value tng a am 0.3C AC 189'Umut , r Y f Otal Lanani UJ�A� �;quu Lanaa u30,00( Property Location: 19 LONGBOAT DRIVE CENT. MAP ID 193/ 156/ Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/28/1998 Element Cd. Ch. vescription Conunerciat vard Elements s ype ane -: _ . ..emenr __ _. . Description Model 1 Residential Heat AT— Grade C C Frame Type 16 Baths/Plumbing Stories 1 1 Story Occupancy 0Ceiling/Wall ooms/Prtns 10 xterior Wall 1 3 re-cast Contr /o Common Wall 2 Wall Height- oof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp 44 10 WDK 2 Interior Wall 1 5 Drywall 26 r 2 ement Code Description h2ctor Interior Floor 1 14 Carpet omp ex 2 loor Adj 12 nit Location Heating Fuel 02 Oil Heating Type 09 Typical 4umber of Units UBM C Type D1 None slumber of Levels 4 BAS /o Ownership Bedrooms 4 4 Bedrooms Bathrooms 2 Bathrooms I' 0 Full . na-�.dj— ase a e Total Rooms 7 Rooms Size Adj.Factor 1.17636 rade(Q)Index 0.67 Bath Type Adj.Base Rate 37.83 Kitchen Style Bldg.Value New 48,801 Year Built 1982 44 ff.Year Built 1982 rml Physcl Dep 15 uncnl Obslnc con Obslnc .t pecl.Cond.Code C Code escri tion ercenta a verall%Cond. 5 mge am JIM eprec.Bldg Value 41,500 1 11 , AIA Code Description LIB Units Unit Price Yr. Lip Rl Yocnd Apr. value irepi ace , BFA Bsmt Fin-Aver B 924 15.00 1982 1 100 11,80 UMIUN Code Description LivingArea Gross Area Ejj.Area Unit Cost Undeprec. Value irs oor , UBM Basement,Unfinished 0 1,056 211 7.56 7,98 WDK Wood Deck 0 232 23 3.7 87 1. UrOSS LivlLease Area , g Val. , �' •e TOWN OF BARNSTABLE Permit No. _______.____ Building Inspector cash OCCUPANCY PERMIT Bond No building nor structure shall be erected, and no land, building or structure shall be used for a new, different, changed, or enlarged use without a Building Permit therefor first having been obtained from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Charlp-9 & Joan Duchesnr, Address Lot x. 19 r.cng .oat D I;Je, s ntervi 1 1 e, i Wiring Inspector 't�� ; Inspection date / Plumbing Inspector + ` { r f Inspection date Gas Inspector Inspection date Engineering Department Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. ...................................................... 19 ._. ....................................... .... ..........: Building Inspector K-4 p mid '; t a oI. ''z° $ �, i x „ 4 �i h ar "1l ,ts. y+ x$y�3 ,'",>+v c eF y t + a } -n+#s '! F�', °":t ;f>�' ;.a,t`6c.,.t� S +c 1 y - 4� r py.i y 6>'��,++R s t " .f a t o 2 t + x n a3 ' 4 ��c 4rt�' '' r r+' 1r I, ° r 't. 7 , w R s u,"P�. �r t 4 f ! t u 3 - I P t S v t k�i tk-! 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G y^° -,: � '3 *�+� � #2b3 8 a F �, 2F . , P1. 2REPARED FOR x'rxtq es..� a, `''rGI�UIL. ENGIN�EERS ., Q .��, I !� ' i *' + r ' Y 5� ' ` ..k.�q nErr r z .^S ba a t a '�' S+ �r ,o- r* r � �a� na31T" _ � <� > LAND SURVEYORS' — $ �� dr ' ,li :^y s k f2EG Rai ¢ it '' ,y s /H a1.�.' k 1i'arm�u�M�&Orleans,�MAn .:- f�' ..,. r. '` ,:."�2s.�+, �'� �'v,'4 y5o`!-- . DATE r + �...�V. t r MAKA13 { ate" C1 3 {' n t ..I s f IL PUt r r Y .. { w - f F t 1 tk +a< } YY r 1�Y4 i ,s» ° *., - - I ',a Y `!f + s - :N. ..l �� ✓ �� � �� tic. /Z>lCl� .S=���� Assessor's map and lot number, ... ...............+..................... *THE Sewage Permit' number 2 Z .. . ............ ....... 33 - SEPTIC SYSTEM SST d``P °.► . .... ....... .. yINSTALLED IN COMPLIAN09 ABLE. House number .... .1.�,�.............................................. . �� T�' ryWI TITLE 6 � '°o,,�639a�em E NVIRC1NM ENTA',�QQ§A n war TOWN., OF " ARN( ` -(R u i BUILDING-� INSPECTOR APPLICATION FOR PERMIT TO ......00AZ..rPX. ... ... ...... TYPEOF CONSTRUCTION .............................................................................................................:..::................... Ni. -* ` ............A ` TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for 1a ,permit according to the folio ing i formationJj ff Location fit.......�.............X�.UY1. .....1': .CA .......:'.1 ....�.............. ProposedUse ....... r..:�u. T ......... �t�.C..�.I..R.NG................................................................................................... Zoning District .......... ...................................................Fire District ..L�IfftU,.t l s....... .b..L ...... Name of Owner(..�l�l`l! �s5. .. C�A .......! iJS-. h. �!.Address o .7. .7.....�ri.. ...: .qi�`:?Iff. j';.................... NamePof Builder' .........: Cl7?' ................................../...Address .................................................................................... Nameof Architect ...................................................................Address .................. .............................................................. ........... Number of Rooms ...............�...............................:..........Foundation ...Paut-ieJ........ . j'' P.5. � La..IT Exierior Cf .JQ } ....► t-,n6T........�.ed 6'......Roofing .....�15.. ... ............................................ ''"" F / Floors ....: �.. ..�.�.U.�!�.......�.......cappel......Interior ,S eel.pocl. ....................................... Heating . ....../h.Ji. .....0.1.!�.........Plumbing .................................................................................. Fireplace ......:...........................................`.J................:............Approximate Cosf L QQ, .:.,. . . ................................ Definitive Plan Approved by Planning Board -----------_------_-----------19________. Area Diagram of Lot and Building with Dimensions i Fee 7�......... . ............................ SUBJECT TO APPROVAL OF BOARD OF HEALTH is ,5 ' OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ..............................vaa-it,62..... Duchesney, Charles & Joan 'IN 0 2415;ermit for ..... ........... single family dwel i .4pg................................................ ............ 19 Location ......... Long Boat Drive................ Centerville .......... . ...................................... ............... ........... ........... ... .... Charles & Joan Duchesnev Owner .... ri................................ Type of, Construction ...........frame' ............................... ..........................................?.........V.......... .1 Plot ............................ Lot ........1.0....................... -J, June 22 82- Permit Granted .........................................19 k Date orfn4s%tion7--,A?--3' .....................19 Date Co;,p,.Iet d ......./:;q/&7.. I go T, S. f 14' sessor s map and lot number ............................................ iTHEt��� Sewage Permit number ...... .. ..2`..'3. ...................... b�Qyp � 1i SARNSTADLE, House number .................................................................... ; 9 Mnaa �E'p MPY 11`` TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ......:.,.. :,); I r X' ?1 . .. ................A.... �.... TYPEOF CONSTRUCTION ...........................................................................................t.......................................... ........... .. (t l f.... ..J..19:('��'4� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .�I-f........!,��....... k"Y 1, „ 0 !4;''........I.a.�'..�......l /.1...f.�.�r�//. . ......... Proposed. Use .............N.1A)6 ?p .........).0 P.� ................................................................................................... Zoning District ....... �s.Ci:..................................................Fire District .(. .................' i .................................................. Name of Ownerl`7/.A'l,I;Q+:.�':...��.(f fin..... � a < tt,• .Address . . �.....rr.. ....1 X.Ci h vt k h t?.................... Nameof Builder• .........i5:9AP.I..� ......................................Address .................................................................................... Nameof Architect ..................................................................Address .................................................................................... Number of Rooms .............. ...........................................Foundation A!.. ( :. ), ............. .......�....�..... .............. Exierio"r- %1 �h,�?r^!- t-,�:W.) .......C.Pd/7./........Roofing .. !' l.`, r )i11;�..j..T.................... Floors .....:.. I....:.... .. Interior ..................................... . ....................................... Heating �r�?... .. �..� �'. :'..... ...t 1 .....{�!}...�.........Plumbing .................................................................................. Fireplace .................................................1..............................Approximate Costa:..! /I f�l ......0.0........ .......... F Definitive Plan Approved by Planning Board ---------------_---------------19--------. Area f .. Diagram of Lot and Building with Dimensions Fee `� ......... ... ....................... SUBJECT TO APPROVAL OF BOARD OF HEALTH r OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ................................:.. . ........................: Duchesney, Charles & Joan A=193-156 No ;.24153.... Permit for .......Mn ..At9ry........ .........single..fam Y dwelling...................... Location .........19„LQng,DQat e Driv ................... Centerville.............................. Owner Charles., ... oan,Duchesney,. Type of Construction ............fx'c e................... .......................................................................... Plot ............................ Lot .........10................... Permit Granted ...........June..22..............19 82 Date of Inspection ....................................19 Date Completed 19 � T f 000lo ......_ f ..._..__._......_...... ............_ ..._:........ .._ ... _.....____... _ ..._. .- __.._.__. - - - - - - - - - -- - - - - L - - - -- - - - - -- - - - -- -- - - , N w , .. Q , -... ....._..... i V� ( 1 • o Q C .X 13 � all E NAME: VIOLA RES. - _ , l , ADDRESS: R. , ':19LONGB:OATD o°O. _ CITY: CENTERVILLE MA. ZIP: O RES. PHONE: BUS.PHONE: i r 2 _ Q1 E _ _ I Ll :._.. _ O UJ ...:.... p .X N - -.- - - - - ...: N J X CUSTOMER SIGNATURE: DATE . - _ � � - • t 4 VIOLA Q X; ASSOCIATES O y. 1.10 ROSARY LANE, UNIT A, ., SCALE— I/411= 1 1 - aj HYANNIS, MA 02601 - = y (508) 771-3457. VIOLAASSOCIATES.COM ' DRN.BY: DATE: REV.-NO.: . ` DATE: I i { I I I I 2'7"x1 21"xI 2'1"x1 21"x1 window window window window �. --------�'- "----- --�,� new sliding �- glass door e (V = (V _ - I-r---- - walls to be — 5'8 removed window ; ; window 2151 2'5" door 1'-I" 21511 door door door oil tank toilet r- oil tank toilet 1 room 1 room 215" --------- door sink -door O bath bath room 5 = 2,1„ 8 x2, „ 2 5 room 2'7"x2'8'l 2 door -1 window door -1 kindow 1 1_5 r r shower shovqer 21511 21 21511 door' 11 1"x2�8 door2'1"x2�8 I'-3" window 11,-5" window water O 3' water O � meter c!J boiler door meter door �,, boiler 10'_a" 10'_a�' Ole pannel Ole p annel i NAME: COUNTRY WIDE BANK ADDRESS: 119 LONGBOAT RD. 5�AL I /4II = I I CITY: CENTERVILLE MA. zip: 02632 RES.PHONE: BUS.PHONE: I I CUSTOMER SIGNATURE: DATE eVIOLA ASSOCIATES I 110 ROSARY LANE, UNIT A, - HYANNIS, MA 02601 (508)771-3457 VIOLAASSOCIATES.COM i DRN.BY: DATE: REV.NO.: DATE: I f i i -------------