RFF Family Partnership, LP v. Link Development, LLC et al

Filing 1

COMPLAINT Verified Complaint against Robert V Wallace, Jeffrey B. Karll, Link Development, LLC, Russell and Associates LLC Filing fee: $ 350, receipt number 0101-3432030 (Fee Status: Filing Fee paid), filed by RFF Family Partnership, LP. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Category, # 3 Exhibit A - Certificate of Organization, # 4 Exhibit B - Foreclosure Deed, # 5 Exhibit C - Desert Pine Mortgage, # 6 Exhibit D- Certificate of Organization, # 7 Exhibit E - Managers Cert, Cert of Manager, # 8 Exhibit F - Desert Palm Mortgage, # 9 Exhibit G - BD Mortgage, # 10 Exhibit H - Amendment of Mortgage, # 11 Exhibit I - Certificate of Organization, # 12 Exhibit J - Superior Court Complaint, # 13 Exhibit K - Link Land Court Complaint, # 14 Exhibit L - Note, # 15 Exhibit M - Loan Agreement and mortgage, # 16 Exhibit N - Guaranty, # 17 Exhibit O - subordination agreements, # 18 Exhibit P - Assignment, # 19 Exhibit Q - Settlement Agreement, # 20 Exhibit R - Russell Land Court Complaint, # 21 Exhibit S - Land Court Decision, # 22 Exhibit T - Memorandum of Sale, # 23 Exhibit U - redacted P&S)(Briansky, Richard)

EXHIBIT H

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ÃMENDMENT OF MORTGAGE

.A:nendment of Mortgage dated October 18, 2005 by and between
ROBERT V. WÀI,LACE | ,JR., TRUSTEE OF BD f,ENDINc TRUST, u/d/t dated.

Septenber 29, 2006, having an address of 3?6 Boylston Street,
BosÈon. MA 02116 (hereinafter referred t'o as the ììÎ.ender',) , and.
IINK DEVELOPMENT LLC, having an address of 229 Bêrkeley SÈrêet,
Boston, MA 02116 (hereinafÈer referred to as "Borrowerr').
I'IHEREAS, the l,èndêr ís the Ìro]-der of a promissory Note from
the Bonower Lo it dated Septem.b er 29, 2006 ín the original
principal ârnount of SfX HUNÐRED. THOUSAND ÀND OO/1OO DOÍJÛARS
($600,000.00) as affected by a certain f,oan Mod,ification Àgreement
effectíve as of October 18, 2006 (coJ.J.ective1y, the $NoÈe',), a'rrd
WHERE.AS, the Note is secured by (i) a Mortgage d.aled
Septeñber 29, 2006 on the property known as Off RouÈe 1 and Lynn
Fells Parkway and 1-12 Denise Drive, Sauglfs, MA, Essex County,
Massachusetts (the \rMortgage',), as more particularly described in
Exhíbit. A attached hereto, vrhich MorÈgagiê rdas recorded v¡ith the
Essex County South Regisëry of Deeds at Book 26L4L, paqe 98 and
fi].ed v¡ith the Essex County South Registry Distïict as Document
Number 472372, (2) a Condítíonal Assignment of teases ar¡.d Rents
dated Sèp temb€'r 29, 2006,' and

WHEREAS, the ],ender has agreed to advance thê Borrower an
addi.tional $100, 000, 00, thereby increasing the oulstanding
prinêipa1 balance under the NoÈe from $600,000.00 to g700,000.00,_*

NOW, THEREFORE, in consideration of the muÈua]- eovenâ.nts
Ì¡erein contained and othêT good and val.uable consideration, the
receipt whereof is hereby acknowJ.edged, it is hereby agreed by
and.among Borrov¡er and Lendet as fol]-ows:

L.

Tl¡e Mortgage is hereby a¡Tler¡ded to incorporate the
revísed terms as sêt forth in the Loan ModÍfication
Agreement of evên date .

2.

The Borrovrer hereby grants to the f,ender I wíth MORTGAGE
COVENÀNTS and upon the STATUTORY CONDITION the Þremises
described on Exhibit A attached herêto.

3.

Íhe terms and prov¿sions hereof sha1l be binding upon and
ir¡ure to the benefit of the parties hereto and. theír
respective successors and assigns.
tu.

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.

IN LTNESS WIIEREOF, the parties have heÌeto caused this
Agreement to be executed as a sêa1ed instrument as of the day and
year first above rúritten.
IIINK

DE\¡ETOPMEÙIT

ILC

BD IENDÏNG TRUST

COMMOÀIWEÃT,TH OE' ì4ASSACHUSETTS

Suffolk,

October 18,

ss.

200 6

Then personally appeared tl¡e above-na¡ned Stua¡t Sojcher, Manager
as afo¡emenÈíoned, and prowed to me through satisfactory ewidence
of identification wl..ictr was a lù¡'n DL
, to be the
preceding or attached
¡>erson wÌ¡ose name ís signed on the
doculrer¡t, and wÏ¡o swore or affirmed to me that the contents of
the d.ocu¡nent are truthful and accurate to lt¡e best of his
knowledge and beJ-ief.

My Commission Etrpires:

I'¡I
llrÐi
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riffftür¡ùrüñl
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COMMONWEÀIT ÉI

Suffolk, ss.

OF MASSACHUSETTS

October l-8,

200 6

Then personally appeared the above-named Robert V. ÞIal].ace, Jï.,
Trustee å's afotement'ioned, and proved to me thtough satisfactory
evidence of identifícation which was a MA D¡iver, s license, to be
the person whose na¡ne is signed on the preceding or attached
document, and wtro swore or affirmed to me that the contents of
the document arê truthful- and acéuÌatê Èo the best of hís
knowledge and belief .

Exhibit "4"
FIRST PARCEL _ NOT REGISTERED

._

. That certain parcer of rand ¡n saugus, Essex county, Massachusetts off the east side of Route
(Broadway) and off the southeasterly-side ofan unwrought Á;ekopotitan D¡str¡ct
Commiss¡o^ f"V",jiåf
March 1Q 1932, bounded and described as follows:

1

B_"glrys ql an ¡ron p¡n in al:tone stown on a pfan of adioin¡ng regístered rand (being Land court
Plan No. 153024 with Essex South District Certificate of Tifle No. tOgSg); thence runninò
^,-_

.,

NORTH 64"55'37' EAST

NORTH 79'06'15' EAST

by Lot B as shown on a plan dated November 12, lggl revised
Aug. 1,-1982, by Medford Eng¡neering and Survey andf¡led r ith
Essex South D¡strict Registry of Deeds in plan Bóok tzg, plan
42, along a stone r¡/all, 1i5.60 feet to an angle; thence
by sa¡d Lot B on said plan by the walt, 57.64 feet to an angte;

thence

SOUTH 19'23;08' EAST

by said Lot B on said ptan bythe walt, t3S.SO feet to an angle,

thence

EASTERLY

by said Lot B on said plan by the wall by two bounds measuring
respêct¡vely 87.60 feet and f 14.S0 feet; thence sti

EASTERLY

by said Lot B on sa¡d plan, OZ0 ieet; thence

SOUTHEASTEFLY

by Lot A-2 on sa¡d plan, about 630 feet to a po¡nt at the most
norther¡ycorner of Lot 12 on a plan dated June 19, 1979 by
Carter & Towers and filed w¡lh said Deeds in plan Book t6b as
P¡an 97; thence

SOUTH 58"2230' WEST

!y Lots 12, 11 and 10, byfhe end of Diamond Street, and by Lots
g, I and 7 as shown on the 1929 plan,
7BB.B2 feet, more oiless,
to land shown on Land court plan No. 30651A filed with Essex
South District Certificate of Title No. 93926; thence

NORTHWESTERLY

by said land shown on Land Court plan No. OgO65iA, about
1292.87 feet to a Land Court bound ¡n a wall; thence

NORTH 13'5932" EAST

by the wall, 49.45 feet to an iron pin in the wall shown on Land
Court Plan No. 153024; lhence

SOUTHEASTERLY

by Lot 1, 133.75 feet; thence

NORTHEASTERLY

by Lots

NORTHWESTERLY

by Lot 4, 130 feet to the point of beg¡nning, the linal threê bounds

1,2,3 and 4, 160 feet; and thence

being bythe land shown on Land Court p¡an No. 1S3O2A.

The First, Parcel hereinabove, being the same prem¡ses conveyed to saugus Hold¡ng, LLc, bvdeed
ol
9augus Fundins corp. recorded with Essex sourh oisrr¡ct Heg¡;rry ot Dr"ãr on Jrrvi'zlãoôiilú;k
17407 , Page 462.

SECOND PARCEL-NOT REGISTEFED
Those certain parc€ls of land in Saugus, Essex County, Massachusetts situated on Den¡se Dr¡ve
and D¡amond Street and shown as Lots 1, 3, 5, 7, I and 11 on a plan ent¡tled "Def¡n¡tive Subdivision plan

t-and ¡n Saugus" by Carter B. Towers Eng'r Corp., dated June 19, 1979 and filed with Essex South District
Deeds in Plan Book 160 as PIan 97.
There is, as appurtenant to the parcels the right to use ¡n common w¡th all others enti ed thereto
all streets and ways shown on said Plan for all purposes for which public ways are used in the Town of
Saugus, includ¡ng spec¡fically suctt r¡ghts in D¡amond Street and Denise Driúe
Be¡ng the-same premises conveyed to Saugus Holdíng, LLC, bydeed of Saugus Funding Corp. dated
Octobet 22, 2001 and recorded w¡th said Registry of Deeds in Book l7Bß, páge 194. -

THIRD PARCEL. FEGISTERED LAND
That certain parcolof land s¡tuate in Saugus, Countyof Essex and Commonwealth of
Massachusetts, bounded and descr¡bed as follows:

NORTHWESTERLY

by the southeaéterly line of Lynn Fells parkway, I 1.JZ feet:,

NORTHERLY

by land now or formerty of Lillian E. Newhall, 114.26 feet; and

NORTHEASTERLY 130feet,
SOUTHEASTERLY

160 feet, and

SOUTHWESTERLY

133.75 feet by tand now or formerty of El¡zabeth Oontey; and

WESTERLY

by land now or formerly of Louis Gerondelis et al, so.SS feet.

All of said boundaries aro determ¡ned þythe court to be located as shown upon plan numbered
15302-A, filed w¡th orig¡nal Certificate of T¡tle No. I0353 in Southern Registry oistrici for Èssex County.

The Third PaÌcel hereinabove, b€ing_ths sam€ prem¡ses conveyed to Saugus Hold¡ng, LLC, by deed of
saugus Funding corp. fifed w¡th ttro south Registry District of Essex county as Docu-ment ñuñber
383396.
FOURTH PARCEL.NOT REGISTERED
Those certain parcels of land Ín saugus, Essex county, Massachusetts situated on Denise Dr¡ve and
Diamond street and shown as Lots 2, 4, 6, B, lo and i2 on a plan entifled "Definitive subd¡v¡s¡on plan
Land in Saugus'by Carter &. Towers EngT Corp., dated June 19, 1979 and f¡led w¡th Essex South District
Deeds in Plan Book 160 as Plan 97.
There ¡s, as appurtenant to the parcels the right to use in common w¡th all others entitfed thereto all streets
and ways shown on said Plan for alt purposes for which public ways are used in the Town of saugus,
including spec¡fically such r¡ghts in Diamond Street and Denlse Drive.
Tho Fouflh Parcel hele¡nabove, be¡ng the same premises conveyed to Saugus Holdíng, LLC, by deed of
saugrsfunding corp. recorded with Essex south District Reg¡stry of Deedè on Juty tã, zooi iri eoor
17407 , Page 47 1 .