Property Auction Details

43 BOWSTRING WAY, MARLBOROUGH, MA 01752
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43 BOWSTRING WAY, MARLBOROUGH, MA 01752
Auctioned: 3:00 PM Tuesday, October 28, 2008
43 BOWSTRING WAY, MARLBOROUGH, MA 01752
197376 00-664-HW-ML/10-2008

3BR 2.5BA 1,800sf+- condo.
Property ID:197376

Auctioned: 3:00 PM Tuesday, October 28, 2008

Directions: From Boston Post Rd E and Dicenzo Blvd: Right at Dicenzo Blvd. Left at Settlers Ln. Left to stay on Settlers Ln. Left at Bowstring Way.


Legal Description: The unit known as No. E-46 (Phase III Part III) ("Unit") together with the exclusive use area appurtenant to such unit containing 5780 sf +- as shown on the plan entitled: "Phase III Part III Williamsburg Heights Condominium Site Plan and Key Sheet Building E. Unit 46 “As-Built” in Marlborough, Mass. Property of: Indian Development Corporation, 290 Eliot Street, Ashland, MA 01721 Date: December 8. 1993 Scale: 20' to an inch", recorded with the Middlesex South District Registry of Deeds as Plan No. 1028 of 1993. The Williamsburg Heights Condominium ("Condominium") located in Marlborough, Middlesex County, Massachusetts and established by Indian Development Corp. pursuant to Massachusetts General Laws, Chapter 183A by Master Deed dated May 2, 1990 and recorded May 3, 1990 with the Middlesex South District Registry of Deeds in Book 20522, Page 151 ("Master Deed"), as amended from time to time. The Unit is shown on the Master Deed or amendments thereto and on a copy of time. The Unit is shown on the Master Deed or amendments thereto and on a copy of the portion of said plans attached to the first Unit Deed, to which is affixed the verified statement of a registered professional engineer, architect, or land surveyor in the form required by Section 9 of said Chapter 183A. Said Unit is conveyed together with: 1) an undivided .9090 percent interest for the unit conveyed herein, in common areas and facilities of the property ("Common Elements") described in the Master Deed as amended. In the event that (as provided in the Master Deed as amended) additional units are added to the Condominium by amendment to the Master Deed, the undivided interest of the Unit in the Common Elements shall be adjusted proportionately and as new phases are added shall be and become that specified in Schedule D of the Master Deed, as amended; 2) an exclusive right and easement to use and maintain the exclusive use area appurtenant to the Unit as shown on the Site Plans, and the Grantee is required to insure such exclusive use area and to have Williamsburg Heights Homeowners Trust as an additional insured on their liability policy covering the appurtenant exclusive use areas; 3) an easement for the continuance of all encroachments by the Unit on any adjoining units or Common Elements existing as a result of construction of the Unit or which may come into existence hereafter as a result of settling or shifting of the Unit; 4) an exclusive easement for parking of 4 motor vehicles for Unit E-46 in that parking area located in the exclusive use area appurtenant to the Unit, all as shown on the Site Plan described above. 5) rights and easements in common with other Unit Owners as described in the Master Deed and Declaration of Easements. Said Unit is conveyed subject to: 1) easements in favor of adjoining units and in favor of the Common Elements for the continuance of all encroachments of such adjoining unit or of Common Elements on the Units, now existing as the result of construction of the Unit, or which may come into existence hereafter as the result of settling or shifting of the Unit, or as a result of repair or restoration of the Unit or of any adjoining Unit or the Common Elements after damage or destruction by fire or other casualty, or after taking in condemnation or eminent domain proceedings, or by reason of any alteration or repair of the Common Elements made by or with the consent of the Board of Trustees of the Williamsburg Heights Condominium Trust; 2) the provisions of said Chapter 183A, the Master Deed, Declaration of Trust, Declaration of Easements and the plans of the Condominium recorded simultaneously with and part of the Master Deed, and any amendment of the Master Deed, Declaration of Trust, Declaration of Easements or plans as the same may be amended from time to time by instrument recorded with the Middlesex South Registry of Deeds, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit as well as the Unit Owner's family, servants and visitors, as though such provisions were recited and stipulated at length herein. 3) all easement, covenants and restriction contained in the first Unit Deed recorded with said Deeds in Book 24065, Page 573. The Unit is intended for residential purposes only.

Auctioned: 3:00 PM Tuesday, October 28, 2008


Disclosures: "PROPERTY MAY BE SUBJECT TO UNDISCLOSED CITY/COUNTY REQUIREMENTS FOR TRANSFER AND BUYER AGREES TO BE RESPONSIBLE FOR COMPLIANCE INCLUDING ALL COSTS AND REMEDIATIONS THAT MAY BE NECESSARY.BUYER ACKNOWLEDGES AND UNDERSTANDS THAT NEITHER WILLIAMS AND WILLIAMS, NOR ITS AGENTS, MAKE ANY ASSERTATIONS AS TO THE TITLE V COMPLIANCE OF THIS PROPERTY. BUYER ACKNOWLEDGES AND UNDERSTANDS THAT WILLIAMS AND WILLIAMS MAKES NO ASSERTATIONS TO THE COMPLIANCE STANDARDS OF SMOKE DETECTORS AND CARBON MONOXIDE ALARMS TO THIS PROPERTY. BUYER ACKNOWLEDGES THAT A SMOKE DETECTOR AND CARBON MONOXIDE ALARM TEST WILL BE PERFORMED AND IF SAID TEST FAILS BUYER ACCEPTS RESPONSIBILITY FOR OBTAINING A LICENSED CONTRACTOR TO COMPLETE NEEDED REPAIRS AT BUYER'S EXPENSE TO COMPLY WITH STATE REQUIREMENTS PRIOR TO CLOSING. BUYER ACKNOWLEDGES THAT CONVEYANCE OF PROPERTY IS SUBJECT TO CITY/COUNTY SEPTIC INSPECTIONS. BUYER AGREES TO COMPLY WITH ALL REQUIREMENTS NECESSARY TO COMPLETE INCLUDING BUT NOT LIMITED TO OBTAINING THE NECESSARY PERMITS AND MAKING ARRANGEMENTS TO CORRECT ANY NOTED CITY/COUNTY VIOLATIONS AT BUYERS EXPENSE. BUYER ACCEPTS ALL RESPONSIBILITY FOR ANY REMEDIATIONS, FEES, OR TERMS REQUIRED BY THE AUTHORITY THEREOF. BUYER ACKNOWLEDGES THAT CONVEYANCE OF PROPERTY MAY BE SUBJECT TO CITY/COUNTY SEPTIC INSPECTIONS. BUYER AGREES TO COMPLY WITH ALL REQUIREMENTS NECESSARY TO COMPLETE INCLUDING BUT NOT LIMITED TO OBTAINING THE NECESSARY PERMITS AND MAKING ARRANGEMENTS TO CORRECT ANY NOTED CITY/COUNTY VIOLATIONS AT BUYERS EXPENSE. BUYER ACCEPTS ALL RESPONSIBILITY FOR ANY REMEDIATIONS, FEES, OR TERMS REQUIRED BY THE AUTHORITY THEREOF.



" BUYER ACKNOWLEDGES FEE OF $99.00 FOR DOCUMENT PREPARATION/REVIEW WILL BE DUE SELLER AT CLOSING. BUYER ACKNOWLEDGES THAT THE CONTRACT CLOSE DATE FOR THIS TRANSACTION IS NOVEMBER 26, 2008. BUYER FURTHER ACKNOWLEDGES THAT SAID CLOSE DATE IS LESS THAN 30 DAYS FROM TODAYS DATE AND AGREES TO THESE REVISED TERMS TO CLOSE ON OR BEFORE NOVEMBER 26, 2008.


Disclosures: "PROPERTY MAY BE SUBJECT TO UNDISCLOSED CITY/COUNTY REQUIREMENTS FOR TRANSFER AND BUYER AGREES TO BE RESPONSIBLE FOR COMPLIANCE INCLUDING ALL COSTS AND REMEDIATIONS THAT MAY BE NECESSARY.BUYER ACKNOWLEDGES AND UNDERSTANDS THAT NEITHER WILLIAMS AND WILLIAMS, NOR ITS AGENTS, MAKE ANY ASSERTATIONS AS TO THE TITLE V COMPLIANCE OF THIS PROPERTY. BUYER ACKNOWLEDGES AND UNDERSTANDS THAT WILLIAMS AND WILLIAMS MAKES NO ASSERTATIONS TO THE COMPLIANCE STANDARDS OF SMOKE DETECTORS AND CARBON MONOXIDE ALARMS TO THIS PROPERTY. BUYER ACKNOWLEDGES THAT A SMOKE DETECTOR AND CARBON MONOXIDE ALARM TEST WILL BE PERFORMED AND IF SAID TEST FAILS BUYER ACCEPTS RESPONSIBILITY FOR OBTAINING A LICENSED CONTRACTOR TO COMPLETE NEEDED REPAIRS AT BUYER'S EXPENSE TO COMPLY WITH STATE REQUIREMENTS PRIOR TO CLOSING. BUYER ACKNOWLEDGES THAT CONVEYANCE OF PROPERTY IS SUBJECT TO CITY/COUNTY SEPTIC INSPECTIONS. BUYER AGREES TO COMPLY WITH ALL REQUIREMENTS NECESSARY TO COMPLETE INCLUDING BUT NOT LIMITED TO OBTAINING THE NECESSARY PERMITS AND MAKING ARRANGEMENTS TO CORRECT ANY NOTED CITY/COUNTY VIOLATIONS AT BUYERS EXPENSE. BUYER ACCEPTS ALL RESPONSIBILITY FOR ANY REMEDIATIONS, FEES, OR TERMS REQUIRED BY THE AUTHORITY THEREOF. BUYER ACKNOWLEDGES THAT CONVEYANCE OF PROPERTY MAY BE SUBJECT TO CITY/COUNTY SEPTIC INSPECTIONS. BUYER AGREES TO COMPLY WITH ALL REQUIREMENTS NECESSARY TO COMPLETE INCLUDING BUT NOT LIMITED TO OBTAINING THE NECESSARY PERMITS AND MAKING ARRANGEMENTS TO CORRECT ANY NOTED CITY/COUNTY VIOLATIONS AT BUYERS EXPENSE. BUYER ACCEPTS ALL RESPONSIBILITY FOR ANY REMEDIATIONS, FEES, OR TERMS REQUIRED BY THE AUTHORITY THEREOF.



" BUYER ACKNOWLEDGES FEE OF $99.00 FOR DOCUMENT PREPARATION/REVIEW WILL BE DUE SELLER AT CLOSING. BUYER ACKNOWLEDGES THAT THE CONTRACT CLOSE DATE FOR THIS TRANSACTION IS NOVEMBER 26, 2008. BUYER FURTHER ACKNOWLEDGES THAT SAID CLOSE DATE IS LESS THAN 30 DAYS FROM TODAYS DATE AND AGREES TO THESE REVISED TERMS TO CLOSE ON OR BEFORE NOVEMBER 26, 2008.

Legal Description: The unit known as No. E-46 (Phase III Part III) ("Unit") together with the exclusive use area appurtenant to such unit containing 5780 sf +- as shown on the plan entitled: "Phase III Part III Williamsburg Heights Condominium Site Plan and Key Sheet Building E. Unit 46 “As-Built” in Marlborough, Mass. Property of: Indian Development Corporation, 290 Eliot Street, Ashland, MA 01721 Date: December 8. 1993 Scale: 20' to an inch", recorded with the Middlesex South District Registry of Deeds as Plan No. 1028 of 1993. The Williamsburg Heights Condominium ("Condominium") located in Marlborough, Middlesex County, Massachusetts and established by Indian Development Corp. pursuant to Massachusetts General Laws, Chapter 183A by Master Deed dated May 2, 1990 and recorded May 3, 1990 with the Middlesex South District Registry of Deeds in Book 20522, Page 151 ("Master Deed"), as amended from time to time. The Unit is shown on the Master Deed or amendments thereto and on a copy of time. The Unit is shown on the Master Deed or amendments thereto and on a copy of the portion of said plans attached to the first Unit Deed, to which is affixed the verified statement of a registered professional engineer, architect, or land surveyor in the form required by Section 9 of said Chapter 183A. Said Unit is conveyed together with: 1) an undivided .9090 percent interest for the unit conveyed herein, in common areas and facilities of the property ("Common Elements") described in the Master Deed as amended. In the event that (as provided in the Master Deed as amended) additional units are added to the Condominium by amendment to the Master Deed, the undivided interest of the Unit in the Common Elements shall be adjusted proportionately and as new phases are added shall be and become that specified in Schedule D of the Master Deed, as amended; 2) an exclusive right and easement to use and maintain the exclusive use area appurtenant to the Unit as shown on the Site Plans, and the Grantee is required to insure such exclusive use area and to have Williamsburg Heights Homeowners Trust as an additional insured on their liability policy covering the appurtenant exclusive use areas; 3) an easement for the continuance of all encroachments by the Unit on any adjoining units or Common Elements existing as a result of construction of the Unit or which may come into existence hereafter as a result of settling or shifting of the Unit; 4) an exclusive easement for parking of 4 motor vehicles for Unit E-46 in that parking area located in the exclusive use area appurtenant to the Unit, all as shown on the Site Plan described above. 5) rights and easements in common with other Unit Owners as described in the Master Deed and Declaration of Easements. Said Unit is conveyed subject to: 1) easements in favor of adjoining units and in favor of the Common Elements for the continuance of all encroachments of such adjoining unit or of Common Elements on the Units, now existing as the result of construction of the Unit, or which may come into existence hereafter as the result of settling or shifting of the Unit, or as a result of repair or restoration of the Unit or of any adjoining Unit or the Common Elements after damage or destruction by fire or other casualty, or after taking in condemnation or eminent domain proceedings, or by reason of any alteration or repair of the Common Elements made by or with the consent of the Board of Trustees of the Williamsburg Heights Condominium Trust; 2) the provisions of said Chapter 183A, the Master Deed, Declaration of Trust, Declaration of Easements and the plans of the Condominium recorded simultaneously with and part of the Master Deed, and any amendment of the Master Deed, Declaration of Trust, Declaration of Easements or plans as the same may be amended from time to time by instrument recorded with the Middlesex South Registry of Deeds, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit as well as the Unit Owner's family, servants and visitors, as though such provisions were recited and stipulated at length herein. 3) all easement, covenants and restriction contained in the first Unit Deed recorded with said Deeds in Book 24065, Page 573. The Unit is intended for residential purposes only.
Property
43 BOWSTRING WAY,
MARLBOROUGH, MA 01752
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MA Broker:

Daniel Nelson Re Lic 148350


Auctioneer:

Danny Green Auc Lic AU 2975
Jay Kivowitz Auc Lic 1344
Monte Lowderman Auc Lic AU2968
Thomas L Williams Auc Lic AU2969