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)

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EXHIBIT P ASSIGNMENT OFREAL ESTATE MORTGAGE KNOW.A.LL MEN BY THESE PRESENTS: THAT WHEREAS I)esert Pine, LLC, sonretimes known as Desert Palm, LLC, hereinafter refened to as ASSIGNOR, for and in consideration of the sum of TEN AND NO/100ths DOLLARS and other good and valuable consideration, receipt ofwhich is hereby confessed and acknowledged from Russell & Associates, LLC 200 Highland Avenue, Suite 304 Needham, MA 02492 hereinaftcr referred to as ASSIGNEE, does by these p¡esents grant, bargain, sell, assign, transfer and set over unto the said ASSIGNEE all right, title and interest in and to that certain Mortgage or Deed ofTrust or Security Deed (the "Security Instrurnent') bearing the date ofseptember 29, 2006 made and executed by Link DevelopmenÇ LLC which said Security Instrument was ¡ecorded on October 10, 2006 as Document # 47237I in the office of the County Clerk and Recorder of ESSEX COIJNTY SOUTII DISTRICT REGISTRY OF DEEDS DISTRICT OF THE LAND COURT in Certificate of Title # 80033, aod which Security lnstrument covers property described as: (AS SET FORTH ON RECORDED MORTGAGE OR DEED OF TRUST OR SECT.JRTTY DEED) Property Address: OffRoute I and Lynn Fells Pkwy at Sanders Dive, t-12 Denise Drive at Diamond Drive, Saugus, Massachusetts þlan no. 15302-A) Loan Amount: $2,000,000.00 Together with the Note or Notes tÏe¡ein described or referred to, the money due and to become due thereon with interest, and all rights accrued or lo accrue under said Security Instrument herewith ass¡gns without recourse in any event said mofg¿ge. IN WITNESS WIIEREOF, the said DESERT pÑe, I,lC n"s caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalfby Jeffrey B- Karll, Manager ofDesert Pine, LLC, this 26'h day of F ebruary,2O09. Witness my hand and seal this 26th day of February, i$illl$jllllÏ$Ï"r!'$*åi",, COMMONWEALTH OF MASSACHUSETTS February 26,2009 SuffoÌk, ss On this 26th day ofFebruary, 2009, before mq the undersigred notary public, personally appeared Jefhey B. Karll, Manager, proved to me thiough satisfactory evidence ofidentifrcation which was a Massachusetts Driver's License, to be the person whose name is signed on the proceeding or attached document, and acknowledged to me thal it voluntarily for its st¿ted purpose tottY. €58. Nolory Publlc MARC D. coMMor{wl^rrfl of MA¡s¡c¡(ß¡fft¡ D. Expires: I ''. 'i7i -'i.tt t1 DoÉuüent 3 {96?9Á â5GT ESSEX SOUIHEÑ¡I ÛISTRICI REGIS'IRY (lF OEEDS RECEIUEO F(]R REGI9TÑATII]I| I }nt Z¡26¡200, 12111 Pll ' ii ;; ¡ . :i'.i *'J Noteri on : 5t ' cert: 80113¡ 9001,!r 143

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