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 O

p
.ïi

,'Ël{v"

,qü$,[UUil]Tl.ï$$$H$[[',

SUBORDINATION AGREEMENT

Desert Pine, LLC, the mailing address of which is 229 Berkeley Street, Boston, Massachusetts,
holder of a mortgage, in the original principal amount of$2,000,000.00 ftom

Link Development, LLC,

mailing address of which is 2 Prince Street, Boston,
Massachusetts to Desert Pine, LLC.
the

which Mortgage is dated August 20, 2005 arrd was recorded with Essex South Registry of Deeds
on August 14, 200ó in Book 25981, Page 408,
Hereby subordinates our mo¡tgage lien to a mortgage (including all fi:ture advances made
thereunder) given by Link Development, LLC to RFF Family Parhrershþ in the original
principal amount of $1,400,000.00, which m ortgage is daæd.&l'v L¿- )\
,2007, aod
hØ t
wittr ttre BJsei south negist yifõ""a" itñwi1
i""ori.d
ôo
.zooz

4'

on

In witness whereoq the said Desert Pine, LLC has cau¡ed it seal to he hereto affxed and these
presenrs to be signed in íts name and.behaff this l(A
aay of àtþU
, zOOl.
Desert Pine,

LLC

COMMONWEALTII OF M.ASSÀCIIUSETTS

*1,ø[(.

â'/'lo s'

.,,

1

.zoot

. On this date before me t¡e undersigned Notary Public, personally appeared
aSWg f\.
- proved to me tlrough satisfactory eviaerrce oi iOentity, which was
to be the person *hor" r,urn" iu. siped on thís document in
my presence, and who swore or affirmed to me that the contents of the document are truthful and
accurate to the best of his knowledge and belief..,^

@,

@+]]

,/l\
ffi

_

)n

V\I

My C'ommission Expires:
Notôry Public

I

SUBORDINATION AGREEMENT
Desert Pine, LLC formerly known as Desert palm, LLC, the mailing address ofwhich is 229
Berkeley street, Bostoq Massachusetts, holder ofa mortgage, in the original princìpal amount of
s2,000,000.00 from

Link Development, LLC,

the mailing add¡ess of which is 2 prince Street, Boston.

Mâssachusetts to Desert Palm, LLC.

which Mortgage is dated september 29,2006 and was registered with Essex south Registry of
Deeds on October 10, 2006 as Document Number 472371,
Hereby subordinatos our mortgage lien to a mortgage (including all future advances made
fhereunder) given by Link Development, LLC to RFF Family parhership in rhe orígínal
principal amount of $ 1,400,000.00, which morrgage is dated October 15,2007, and filed on
october 16, 2007 with the Essex south Regísfiy District ofthe Land court as Document No.
483516.
In witness whereoq the said Desert Pi¡e, LLC has caujgd it seal toleþe¡eto âffixed and these
presents to be signed in irs name and Uenatf

this t-Í1b

aay

off2þþb1¿\

ZOOZ.

,2,-,-_
COMMO}TWEALTHOF

Çt

"a

.ss.

-r-Ay On þ dSte before me the undercigned Notary publig personally appeared
@,provedtomethroughsatisfactoryevidenceofidentity,whichwas
a drive(.$ Iicensebr ídentity
card, to be the person whose name was signed on this dôcurnent in
my presence, and who swore or afflrmed to me tha-t the contents ofthe document are truthfirl and
âccurate to the best ofhis knowledge and belief.

Notary

My

Expires:

GEBGE O. GI
IIOTåf,Y

ESA.