$19.5 Million Sale of Land In area of Former Middlesex County Hospital Conservation Land 2005, Jefferson to Pulte

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                                                                                        73   Doo' DEED
                                                                       61<: 44714 Pg: 302128/2005 03:33 PM
                   After Recording, Return To:                         Page: 1 015


                   Law Office of Mark B. Johnson
                                                                                  -- . _ - - - - - - -
                                                                                         MASSACHUSETTS EXCISE TAX
                   12 Chestnut Street
                                                                                         Southern Middlesex Dlstrlot ROD * OOt
                   Andover, MA 01810                                                     Date: 02128/2005 03:33 PM
                   Re: File 03-308.3                                                     Ctrl* 047608 00879 Doo* 00039742
                                                                                         Fee: $88,920.00 Cons: $19,500,000.00

                                                      QUITCLAIM DEED

                   JEFFERSON AT WALTHAM, L.P. (Grantor), a Delaware limited partnership, registered to
                   do business in the Commonwealth of Massachusetts, having an address at 600 E. Las Colinas
                   Blvd., Suite 1800, Irving, Texas 75039, for consideration paid of Nineteen Million Five
                   Hundred Thousand and No/I00 Dollars ($19,500,000.00), grants by this Quitclaim Deed
                   (Deed) to PULTE HOMES OF NEW ENGLAND, LLC (Grantee), a Michigan limited
                   liability company, registered to do business in the Commonwealth of Massachusetts, having
                   an address at 115 Flanders Road, Suite 170, Westborough, Massachusetts 01581, WITH
                   QUITCLAIM COVENANTS:

                           Subject to the PeIlllitted Exceptions (defined below), all of the real property (the
                   Property) located on Trapelo Road in Waltham, Middlesex County, Massachusetts more
                   particularly described on Exhibit A attached hereto and made a part hereof for all purposes,
                   together with the improvements thereon and all of Grantor's rights to appurtenances,
                   easements, adjacent streets and alleys, strips, and gores.

                          This Deed is made, and is accepted by Grantee, subject to the restrictions, easements,
                   covenants, encumbrances, and liens of record including those described and/or set forth on
                   Exhibit B attached hereto and incorporated herein by reference for all purposes (the
                   Permitted Exceptions).

                          Grantee, by accepting delivery of this Deed, has assumed and agreed to pay the taxes
                   and assessments for the current year from the date hereof and subsequent years. Grantee's
                   acceptance of delivery of this Deed is evidenced by its recordation.

                          EXECUTED as of February      .2r ,2005.
                                                    [Signature Page Follows1




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                                                     GRANTOR:

                                                     JEFFERSON AT WALTHAM, L.P.,
                                                     a Delaware limited partnership

                                                     By:             Apartment Community Realty LLC, a
                                                                     Delaware limited liability company, its
                                                                     general partner


                                                                         By:: _ _-?-                           W. L-
                                                                     Title: _ _ _ _ _ _ _ _ _ _ _ _ __


        STATE OF TEXAS

        COUNTY OF DALLAS                                                                                February~, 2005


                 On this       ~ay of February,       before me, the undersigned notary public, personally
        appeared         :i..,                                      the         Av,o                      of
        Apmtment Community Realty LLC, a Delaware limited liability company, the general partner of
        Jefferson at Waltham, L.P., a Delaware limited partnership, proved to me through satisfactory
        evidence of identification which was K",o{.)!tJ TO Ik,<{'           , to be the person whose name
        is signed on the preceding document and acknowledged to me that he/she signed it voluntarily
        for its stated purpose, in the capacity indicated, and that he/she has the authority to sign in that
        capacity.
                                                                                                        •




                                                     Notary
                                                     My Commission

                                                               "'''It"
                                                           lio;:::::.;{,\    SHERRY GOODWIN
                                                           ~ • ~ . . . F • E Notary Public, State of Texas
                                                           \..;.: .... :.,!./ My Commission Exp. !J8.10-2006
                                                              ',;rTC ~ ,.-
                                                              "'" "",




                                                           S-l                                                   QUITCLAIM DEED
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                                                 EXHIBIT A

                                           Real Property Description

        Those two certain parcels of land with the buildings and improvements thereon situated at 775
        Trapelo Road, in the City of Waltham, County of Middlesex, Commonwealth of Massachusetts,
        and as more particularly described as follows:

        Lot A and Lot B on the plan entitled "Plan of Land in Waltham & Lexington, MA (Middlesex
        County) dated March 12, 2004, last revised April 9, 2004 prepared by Precision Land Surveying,
        Inc., recorded as an "Approval Not Required" Plan in the Middlesex County (South) Registry of
        Deeds as Plan No. 402 of 2004, together with the fee interest in the discontinued way shown as
        "Bow Street" on said plan.

        Together with the appurtenant rights and easements to install, maintain, use, repair and replace
        utility lines pursuant to the reservation contained in that certain Deed from Perseus ofN.E. MA,
        Inc. to the City of Waltham dated May 6, 1998 and recorded in Book 28805, Page 364, with said
        Deeds.

        Being the same premises conveyed to Grantor by deed recorded with the Middlesex (South)
        District Registry of Deeds in Book 43050, Page 95.




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                                                      EXHIBITB

                                                  Pennitted Exceptions

            I.      Taxes, dues and assessments for the year 2005, and subsequent years.

            2.      All matters created by, through or under Grantee, including, without limitation, any
                    documents or instruments to be recorded as part of any financing utilized by Grantee.

            3.      Local, state and federal laws, ordinances or governmental regulations, including, but not
                    limited to, building and zoning laws, ordinances and regulations, now or hereafter in
                    effect relating to the Property.

            4.      All covenants, agreements, conditions, easements, restrictions, rights, and other matters
                    of record.

            5.      All matters that would be shown by a current survey and/or revealed by a current
                    physical inspection of the Property.

            6.      Terms, provisions and restrictions contained in that certain Deed from Perseus of N.E.
                    MA, Inc. to the City of Waltham dated May 6, 1998 and recorded in Book 28805, Page
                    364 as affected by Order recorded in Book 28805, Page 362.

            7.      Terms and provisions set forth in Deed dated December 30, 1996 and recorded in Book
                    27228, Page 431.

            8.      Plan of Land recorded April 8, 2004 as Plan No. 352 of 2004.

            9.      Order #29872 by Waltham City Council for the abandonment of Bow Street, recorded at
                    Book 42060, Page 409, as affected by Corrected Order recorded with the title affidavit of
                    Jonathan M. Cosco in Book 44648, Page 205.

            10.     Notice of Decision dated May 13, 1998 and recorded in Book 28683, Page 592.

            II.     Notice of Decision dated December 8, 2003 and recorded in Book 42060, Page 398.

            12.     Development Restriction granted to the City of Waltham, dated November 25, 2002, and
                    recorded in Book 37706, Page 73.

            13.     Amendment to Development Restriction granted to the City of Waltham, dated December
                    23,2003.

            14.     Cross Access Easement recorded the same date as this deed.

            15.     Temporary Access Easement recorded the same date as this deed.

            16.     The special permit dated December 8, 2003, recorded in Book 42060, Page 398.


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            17.     Covenant dated August 27, 2004, recorded in Book 44455, Page 462.




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DOCUMENT INFO
Description: Unofficial copy, deed for sale of land involving the area of the former Middlesex County Hospital, more recently Olympus Healthcare. This and more documents are available online for free through the Middlesex County Registry of Deeds.