2013-04-24 BOS Packet - Released

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14.ANR or Subdivision Plan: The boundaries of the Property are not consistent with the current record boundaries. In order to create a record lot for conveyance to BUYER, SELLER has obtained an endorsement of an “Approval Not Required” or ANR plan (the “ANR Plan”) establishing the boundaries of the Property to be conveyed hereunder. Prior to or on the Closing Date, SELLER shall record the ANR Plan with the Middlesex South County Registry of Deeds. If, despite SELLER’s diligent and good faith efforts, SELLER is unable to record the ANR Plan on or before the Closing Date, BUYER shall be entitled to terminate this Agreement. In the event of any such termination, all deposits under this Agreement shall be promptly returned to BUYER. BUYER and SELLER agree that BUYER may elect to cause granite bounds to be set to delineate all or any portion of the Property prior to the Closing Date at BUYER’s sole cost and expense. 15.Common Driveway and Parking Lot Easement: Simultaneously with the closing of the conveyance of the Property, SELLER shall grant BUYER a perpetual, non-exclusive easement (the “Easement”) appurtenant to the Property to use the common driveway and an area for a parking lot on SELLER’s remaining property shown as “Shared parking and driveway access” on the sketch plan attached hereto as Exhibit C for access to and parking for the Property. The Easement shall be substantially in the form attached hereto as Exhibit D and made a part hereof, and the Easement shall be recorded with the Middlesex South Registry of Deeds at the time of closing. 16.Commander’s House: The parcel of land that includes the improvement known as the “Commander’s House”, consisting of approximately .5 acres, the boundaries of which shall be mutually agreed to by SELLER and BUYER in connection with SELLER’s preparation, and BUYER’s approval, of the ANR Plan (the “Commander’s House Parcel”), shall remain in the ownership of SELLER and SELLER shall remain liable for payment of any real estate taxes lawfully assessed by the Town of Lexington or payment in lieu of taxes for the Commander’s House Parcel. BUYER and SELLER agree that BUYER shall have a right of first offer to purchase the Commander’s House Parcel. Prior to the Closing Date, the parties will enter into a Right of First Offer for the Commander’s House Parcel substantially in the form attached hereto as Exhibit E. 17.Intentionally Deleted. 18.Due Diligence Period: BUYER shall have a due diligence period of ninety (90) days commencing on the Effective Date (the “Due Diligence Period”) during which BUYER shall have full {A0187183.4 } 4