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2013-09-23 BOS Packet - Released
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2013-09-23 BOS Packet - Released
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FIRST AMENDMENT TO <br /> PURCHASE AND SALE AGREEMENT <br /> This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT(this <br /> "Amendment") is made as of the day of September 2013,by and between the Trustees of the <br /> Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry, n/k/a the Trustees of <br /> the Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry for the Northern <br /> Masonic Jurisdiction of the United States of America(the"Seller"),the Town Lexington,acting <br /> by and through its Board of Selectmen (the "Buyer'), and with respect to the Easement, as <br /> defined herein,the Scottish Rite Masonic Museum and Library, Inc. (the"SRMML'). <br /> WHEREAS, Seller and Buyer entered into that certain Purchase and Sale Agreement <br /> dated as of April 30, 2013 (the"Agreement')in connection with the conveyance of that certain <br /> land and the improvements located thereon commonly known as 39 Marrett Road Lexington, <br /> Massachusetts and as further described in the Agreement(the"Property"); <br /> WHEREAS,pursuant to the Agreement, Seller agreed to convey that certain easement as <br /> set forth in Paragraph 15 of the Agreement to Buyer(the"Easement'); <br /> WHEREAS, in the course of its due diligence of the Property, Buyer discovered that <br /> Seller did not hold title to the fee of the parcel on which the Easement will be granted and <br /> instead that SRMML holds title to the fee; <br /> WHEREAS, Buyer has requested and Seller has agreed to amend the Agreement to <br /> provide that SRMML will grant the Easement; and <br /> WHEREAS,the parties also wish to change the Closing Date under the Agreement from <br /> November 30, 2013 to December 3,2013. <br /> NOW, THEREFORE, in consideration of the foregoing and for other good and valuable <br /> consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto <br /> agree as follows: <br /> 1. Closing Date. The time for closing is changed from November 30,2013 to <br /> December 3,2013. <br /> 2. Easement. Paragraph 15 of the Agreement is hereby amended by adding the <br /> following sentences: <br /> "The parcel on which the Easement will be granted (Lot Al as shown on Plan 426 <br /> of 2013 recorded with the Middlesex South Registry of Deeds)is owned by the <br /> Scottish Right Masonic Museum and Library, Inc., a Massachusetts corporation. <br /> The Scottish Right Masonic Museum and Library, Inc. agrees to grant the <br /> Easement as provided for in and under the terms of this Paragraph 15." <br /> (AO21OM8.1 <br />
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