Response to Boysen and Jesse's lawyer’s
proposed contract

Sept 30, 2001

this page is at http://site.www.umb.edu/faculty/salzman_g/Grass/Trust/2001-09-30ToEvans.htm

George Salzman
12-14 Laurel St
Cambridge, MA 02139
 
tel: 617/547-5033
george.salzman@umb.edu
http://site.www.umb.edu/faculty/salzman_g/

                                                                        September 30, 2001

Richard M. Evans, Attorney
56 Main Street
Northampton MA 01060

Dear Dick,

      This letter responds to yours of September 27 with its accompanying proposed Deed, Mortgage, and Promissory note and follows our subsequent telephone conversation on September 28. I accept your assurance that you "will hold the deed in trust and not record it unless and until the other papers are properly executed, recorded and returned to" me.

      Enclosed are: 1) The Deed with my notarized signature; 2) a $310.77 check for the excise tax; 3) a $770.21 check for my one-third part of the second payment on the farm real estate tax for fiscal year July 1, 2000 June 30, 2001[1]; 4) photocopies of evidence that I paid my one-third part of the first payment for this fiscal year[2]; 5) 12 deposit slips for my Cambridgeport checking account No. 1000204346 for the first year; 6) a signed copy of my letter of September 20 to Boysen and Jessamyn; and 7) a copy of the e-mail letter of September 23 from Boysen and Jessamyn to me. I ask that they sign that copy and return it to me.
[1] This payment was due May 1, 2001. As I stated on September 28, during the previous week I realized I had not paid it. I then confirmed with Eric Entemann (to whom the tax bill is mailed) that he had not notified me (or Ted), as has been customary. He said he will pay the late penalty. I trust you will promptly send my check to Dennis Banash, the Gill tax collector.
[2] Note on the tax bill that there were no betterments, liens, or comm. interest, i.e. the real estate taxes were fully paid as of the start of this fiscal year.

      I trust the proposed Mortgage, of which I have a photocopy, will be signed, witnessed, notarized, recorded and returned to me as is, i.e. without any changes.

      Several points we discussed, which the September 20th and 23rd letters touch upon, are not fully addressed in the proposed Mortgage and Promissory note you sent. I would like explicit changes and/or agreements in writing as follows:

1) I wish to have uninterrupted monthly payments of $449.77 beginning October 1, 2001.[3]
[3] That is stated in condition 2 of my offer. You correctly pointed out that if the mortgage begins October 1, the first payment is due at the end of the month because unlike rent, which is paid at the start of the month, mortgage payments include interest on the outstanding balance during the prior month. You suggested that the October 1 payment of $449.77 be regarded as rent, and I agreed. I later realized, and explained to Boysen on September 29 that logically the October 1 payment would have to be regarded as rent for September (albeit one month late). This contradicts condition 10, which said I would not seek any 'rental' . . . through September. It was my error not to realize when I wrote my September 20 letter that conditions 2 and 10 were contradictory. Once I realized it, after talking with you, it would have been deceptive not to point it out to Boysen.

2) I agree that condition 7 should be dropped. I'll make an addendum to my will. You correctly said that if payments are still due after my death, they would be made to my estate and it would be up to the executor to deal with them appropriately.

3) I prefer to remove "a late charge of three percent (3%) for each dollar overdue" by more than fifteen (15) days from the proposed Promissory note. I don't seek a punitive option.

4) I would like conditions 5 and 6 for the method of payment and simultaneous notification either added to the proposed Promissory note, or otherwise noted in a written agreement.

5) My letter of offer says I understand that Boysen and Jessamyn "would find it acceptable if a modest-sized group of people (say perhaps 5 or 6) lived in a separate structure (or structures) located between Ted's house and your house, in a way consistent with your desire for privacy and quiet." I would like to have Boysen and Jessamyn affirm explicitly that my understanding is correct.

      All mail should, until further notice, be sent to me at
                              George Salzman
                              Quetzalcóatl Nº 220 int.2
                              Centro C.P.68000
                              Oaxaca, Oax., Mexico

My telephone in Oaxaca is (from the U.S. 011-52)-9-514-8242

Payments should be mailed to
                              Cambridgeport Bank
                              689 Massachusetts Ave
                              Cambridge MA 02139-3302

                                                                        Sincerely,

                                                                        George Salzman

cc: Boysen and Jessamyn

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