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16A-020 Scrivener's Affidavit June 19 1985I f " -s; 1 `9 76 SCRIVENER'S AFFIDAVIT I, Timothy P. Mulhern, of Springfield, Hampden County, Massachusetts, being duly sworn, do depose and say that: (1) I am a duly admitted and practicing Massachusetts attorney, having an office at 1441 Main Street, Springfield, Massachusetts. (2) I prepared a certain Master Deed of Fairway Village Condominium dated February 21, 1985 and recorded in the Hampshire County Registry of Deeds in Book 2539, Page 220 (the "Master Deed ") which included Schedules A and B, and the aforesaid Master Deed contains the errors described below which are hereby corrected as indicated: (a) Paragraph 3 in the definition of "Golf Unit" the second sentence is missing the word "use ". The said second sentence should read "The Golf Unit shall consist of the existing buildings, parking area and swimming pool contained within the area designated on the Site Plan as the Golf Unit as well as exclusive use of the land so designated, shall have exclusive use of the Golf Common Area and shall be burdened by the responsibility to maintain the said Golf Common Area as "open space" as more fully described herein and in the Unit Deed conveying title thereto. ". (b) Paragraph 3 in the definition of "Golf Common_ Area" the following sentence was deleted: "Said Golf Cormnon Area is largely contained within the area designated on the Site Plan as "Common Area, 62.47 Acres t By Planimeter."" (c) Paragraph 14 contains an incomplete sentence and is corrected by deleting said paragraph in its entirety and substituting the following: 11 14. ENCROACHMENTS If any Unit, now or hereafter:, encroaches upon any other unit or upon a portion of the Common Areas and Facilities, or if any portion of the Common Areas and Facilities, now or hereafter, encroaches upon any unit as a result of the alteration or repair of such building or unit, the settling of a building, or a unit therein, as a result of repair or restoration of a building or any unit after damage by fire or other casualty, or as a result of condemnation or eminent domain proceedings, a valid easement for the encroachment and the maintenance of the same shall exist so long as the buildings stand." (d) Paragraph 16(6) contains an erroneous reference to paragraph 14 which should be paragraph 16. E (e) The numbers on paragraphs 16 "Termination" and 17 "Miscellaneous" on page 13 are hereby changed to read paragraph 17 "Termination" and paragraph 18 "Miscellaneous ". (f) Schedule A contains an error in the column marked "Unit #" in that units are designated as 11 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15" and should be designated "Al, A2, A3, A4, A5, A6, A7, A8, A9, A10, All, Al2, A13, A14, and A15 ". (g) Schedule A of the Master Deed contains another error in the column marked "Residential Common Area ( %)" in that the entry for Unit A15 is 11 6.965" and should be "6.865 ". (h) Schedule B of the Master Deed contains an error in the column marked "Phase IA Percentage (Residential Area)" in that the entry for Unit A15 is 11 6.965" and should be 11 6.865 ". Corrected Schedules A and B are attached hereto and made a part hereof. (3) I prepared a certain document entitled Fairway Village Declaration of Trust and By -Laws dated February 21, 1985 and recorded in the Hampshire County Registry of Deeds in Book 2539, Page 243 (the "By- Laws ") and the aforesaid By -Laws contain the errors described below which are hereby corrected as indicated: (a) On the first page, the third unnumbered paragraph, sixth line, the word "or" between "organization" and "unit owners" shall be "of" and the words "Master Deed" in the fifteenth line should be followed by "(Schedules A and B of said Master Deed)". reference to " urt" should be (b) Article VII, Section 1 (page 20) should have included the following sentence "Notwithstanding the foregoing, the Board shall have no duty or right to maintain the Golf Common Area, which duty and right shall be in the owner of the Golf Unit and is more fully described in paragraph 11(b) of the Master Deed. ". the second sentence was omitted, the entir en ence should read "Any such agre provide for termination by either u cause and without payment of a pi gee on ninety (9Q) days Ar- are (4) The foregoing corrections /relevant to the title to certain land in (Leeds) Northampton which is more fully described in Exhibit A to the Master Deed and will be of 3 benefit and assistance in clarifying the chain of title to said land. Timothy 'P . Mull barn Subscribed and sworn to before me at Springfield, Hampden County, Massachusetts, this 19th day of June, 1985. 4�c� Notary Public Robert H. Wilson My Commission expires: 3 -11 -88 Now comes Richard C. Caparso, President and Treasurer of Fairway Village, Inc. who acknowledges that he has read the foregoing Affidavit, affirms that is true and accurate and assents to the filing hereof in the Hampshire County Registry of Deeds. FAIR VIL E, By . —ZL ichard C. Catparso, President and Treasure COMMONWEALTH OF MASSACHUSETTS Hampden, ss . June 19 , 1985 Then personally appeared the above named RICHARD C. CAPARSO, being the duly authorized President and Treasurer of FAIRWAY VILLAGE, INC. who being by me duly sworn, did acknowledge the foregoing instrument to be the free act and deed of said FAIRWAY VILLAGE, INC. / before me. -- Z/" - Notary Public (Robert H. 4Jilson) My Commission Expires: 3 -11 -88 04AffidavitMulhern I_,. 2Br, 1�B, Fb FAIRWAY VILLAGE CONDOMINIUM MASTER DEED SCHEDULE A LEGEND Phase lA "The Hillside" L = Living Room Fb = Full Basement D = Dining Room Lf = Loft K = Kitchen B = Bath Br = Bedroom Garage = a one car garage is built into each unit Approximate Residential Unit Living Space Common Common Type Unit # Area (Sq. Ft.) Rooms Area Area M Ax Al 1462 L, D, K, Lf, 5.06 6.865 2Br, I�B, Fb A A2 1390 L, D, K, Lf 4.74 6.440 2Br, I�B, Fb Ax A3 1462 L, D, K, Lf, 5.06 6.865 2Br, 1�B, Fb Ax A4 1462 L, D, K, Lf 5.06 6.865 2Br, 12B, Fb A A5 1390 L, D, K, Lf, 4.74 6.440 2Br, I' B, Fb A A6 1390 L, D, K, Lf, 4.74 6.440 2Br, 1�B, Fb Ax A7 1462 L, D, K, Lf, 5.06 6.865 2Br, 1 % Fb Ax A8 1462 L, D, K, Lf, 5.06 6.865 2Br, I'B, Fb A A9 1390 L, D, K, Lf, 4.74 6.440 2Br, I�B, Fb A A10 1390 L, D, K, Lf, 4.74 6.440 2Br, 1�B, Fb Inapplicable, for a description of the Golf Unit. See Sections 4, 5 and 8 of the Master Deed. 04SchedulesFairway Approximate Residential Unit Living Space Common Common Type Unit # Area (Sq. Ft.) Rooms Area Area ( %) Ax All 1462 L, D, K, Lf, 5.06 6.865 2Br, 1�B, Fb Ax Al2 1462 L, D, K, Lf, 5.06 6.865 2Br, 12B, Fb A A13 1390 L, D, K, Lf, 4.74 6.440 2Br, 1�B, Fb A A14 1390 L, D, K, Lf, 4.74 6.440 2Br, 1�B, Fb Ax A15 1462 L, D, K, Lf, 5.06 6.865 2Br, 1 % Fb Golf Unit 26.36 0 Inapplicable, for a description of the Golf Unit. See Sections 4, 5 and 8 of the Master Deed. 04SchedulesFairway FAIRWAY VILLAGE CONDOMINIUM MASTER DEED Area Unit Unit Name Number Type Phase 1 -A Al Ax The Hillside 5.06 6.865 A2 A 5.06 A3 Ax 6.865 A4 Ax 4.74 A5 A 6.865 A6 A 4.74 A7 Ax 6.440 A8 Ax 5.06 A9 A 6.440 A10 A 5.06 All Ax 3.4325 Al2 Ax A13 A A14 A A15 Ax Phase 1 -B B1 Bx River Bend B2 B B3 B B4 Bx B5 Ax Phase 1 Percentage (including 1 -A & 1 -B Percentage) (Common Area) Phase IA Phase IA Percentage Percentage (Residential (Common Area) Area) 2.91 3.4325 5.06 6.865 4.74 6.440 5.06 6.865 5.06 6.865 4.74 6.440 4.74 6.440 5.06 6.865 5.06 6.865 4.74 6.440 4.74 6.440 5.06 6.865 5.06 6.865 4.74 6.440 4.74 6.440 5.06 6.865 Phase 1 Percentage (including 1 -A & 1 -B Percentage) (Common Area) Phase 1 Percentage (including 1 -A & 1 -B Percentage) (Residential Area) 2.91 3.4325 2.73 3.22 2.91 3.4325 2.91 3.4325 2.73 3.22 2.73 3.22 2.91 3.4325 2.91 3.4325 2.73 3.22 2.73 3.22 2.91 3.4325 2.91 3.4325 2.73 3.22 2.73 3.22 2.91 3.4325 2.91 3.4325 2.73 3.22 2.73 3.22 2.91 3.4325 2.91 3.4325 04SchedulesFairway Phase 1 Phase 1 Percentage Percentage (including Phase 1A (including 1 -A & 1 -B Area Unit Unit Phase IA Percentage Percentage (Residential 1 -A & 1 -B Percentage) g ) Percentage) (Residential Name Number Type (Common Area) Area (Common Area) Area) B6 A 2.73 3.22 B7 A 2.73 3.22 B8 Ax 2.91 3.4325 B9 Ax 2.91 3.4325 B10 A 2.73 3.22 B11 A 2.73 3.22 B12 A 2.73 3.22 B13 Ax 2.91 3.4325 "The C1 Bx Overlook" 2.91 3.4325 C2 Bx 2.91 3.4325 Golf Unit 26.36 0 15.22 0 04SchedulesFairway