Auction: July 11 - 81 Walker St. Lenox, MA Property Information Package

A Special Property Presentation byUNITED COUNTRY - PROPERTY EVENTS

75 South Church St.6th Floor Suite 15Pittsfield, MA 01201

Information deemed accurate, but subject to errors, omissions, prior sale, price changes, or withdrawal without notice. Contact affiliate forverification of facts.

Nobody Knows the Country Like We Do

Luxurious Living in Historic Condominiums81 Walker St.

Lenox, MA 01240

Live in the elegance of the Cottage Era with every modern amenity imaginable. Each home is custom crafted with soaringceilings, original architectural trim and at least one fireplace. The kitchens are of the highest quality and intelligently designed. Allof the units have extensive soundproofing, expansive custom windows, a laundry room, broadband internet access and state-of-the-art central heating and air conditioning. Classic new construction blends with old world craftsmanship and modern

materials resulting in carefree luxury living. Each home has designated parking for at least three cars, and most feature a privateoutdoor deck or porch overlooking the private tennis court and heated pool. The condominium homes range from 2,000 to3,000 square feet of graceful living. Located in the heart of the Berkshires, half way between NYC and Boston, The Gables iswithin walking distance of gracious dining, fine shopping, galleries, churches, the historic Lenox Library, Tanglewood and

Kennedy Park with its hiking and cross-country ski trails, as well as many other amenities.

Table of Contents

• Auction OverviewAuction Information

Auction Registration and Sale Site

Buyer Broker Participation

Property Tour

Directions to Property

Buyer's Premium

Terms

• Berkshire Facts and InformationIntroduction

Area Education

Population

Transportation

Utilities

• Berkshire County Map

• Assessors Map

• History

• Property Details

• Pictures

• Floor Plans

• Locator Map

• Terms and Conditions of the Sale

• Disclaimer

• Auction Real Estate Sales Contract

• Buyers Broker Incentive FormBroker Participation Guideline

• Conclusion

Auction Overview

Our goal is to provide you with enough information so that you can bid with confidence!

AUCTION INFORMATION

The auction will take place July 11th, 1:15pm on-site at 81 Walker St. Lenox, MA 01240.

Please contact United Country - Property Events Office for further details regarding the auction and the

property.

Phone: 413-442-9977 Fax: 413-499-6370

AUCTION REGISTRATION and SALE SITE

Cash or a Bank Check in the amount of $25,000 made payable to the yourself will be required to register to

bid. These funds will be required as partial down payment and is due immediately after being declared the high

bidder. Registration begins at 11:30 AM on auction day. Sale begins at 1:15 PM. The auction will take place

onsite at 81 Walker St. Lenox, MA 01240.

BUYER BROKER PARTICIPATION

Up to three percent (3%) commission will be paid to any properly licensed buyer broker who registers the

successful buyer according to the buyer broker guidelines.

PROPERTY TOUR

An auction representative will be available on-site Saturdays. We encourage you to thoroughly inspect the

property. You must rely on your own inspection and judgment when bidding on this property.

DIRECTIONS TO PROPERTY

81 Walker St. is Rte 183. The property is on the north side of the street, east of the monument from the center

of Lenox.

BUYER'S PREMIUM

A ten percent (10%) Buyer's Premium will be added to the high bid to arrive at the total purchase price paid

by the purchaser.

TERMS

A deposit equal to the ten percent (10%) buyer's premium will be required as down payment of which

Twenty-five Thousand Dollars ($25,000) must be presented in cash or a bank check. The remainder of the ten

percent (10%) buyer's premium can be in cash or personal check at the time and place of sale. The balance is

due in cash at closing, to take place on August 27th, 2009.

Lenox was a prosperous farming and mill town -- the seat of

Berkshire County -- that was suddenly "discovered" by famous

and wealthy residents of Boston and New York in the mid

1800s.

Nathaniel Hawthorne wrote "The House of Seven Gables" while

living in a little red cottage just outside of town (the cottage

actually is in Stockbridge, but Hawthorne thought he lived in

Lenox because its village center was much closer). Hawthorne's

series of children's stories, "Tanglewood Tales," provided the

name for a neighboring estate.

A recreation of Hawthorne's cottage, near Tanglewood, is open

for tours in the summer.

In 1845, Samuel Gray Ward, the Boston banker who later was

to finance the U.S. purchase of Alaska, built a summer home

near Hawthorne's cottage. Ward told his friends back in Boston

about the beautiful Berkshire countryside and the mild summer

weather. Soon, many of them were joining him as summer, or

even year-round residents. Among the early "summer people"

was Fanny Kemble, one of the most noted Shakespearean

actresses of the day.

By the late 1800s, Lenox and Stockbridge were booming as the summer homes of many of the country's elite. The

peak building year in Lenox was 1885, when construction began on several of the gigantic mansions these wealthy

families whimsically called "cottages."

The most magnificent of them all was Shadowbrook, built for railroad baron Anson Phelps Stokes on 900 acres at the

edge of Lenox and Stockbridge. With 100 rooms, it was one of the largest homes in North America. Andrew Carnegie

later bought the house, and died there in 1919.

The Guilded Age ended in the early twentieth century, when the income tax and other factors made it impossible for the

"cottagers" to maintain their huge summer homes in the Berkshires. Several of the cottages have been converted to

hotels or schools.

One of the grandest cottages in Lenox is open for public tours: The Mount, built by novelist Edith Wharton. The Mount

is now undergoing a restoration to bring it back to its former grandeur.

A new era for Lenox and the Berkshires began in the 1930s, when music lovers began sponsoring symphonic concerts

in the summer months. In 1937, the Boston Symphony Orchestra began offering concerts at its new summer home, the

"Tanglewood" estate between Lenox and Stockbridge. A year later, the orchestra inaugurated its huge new concert

hall, the "Shed."

In the succeeding six decades, Tanglewood has become famous as one of the world's leading music festivals, attracting

more than 300,000 listeners each summer. Other summer arts festivals, featuring theater, music and modern dance,

have joined in making the Berkshires the summer cultural capital of the Northeast United States.

(History from Lenox.org/history)

Town Highlights

No One Knows the Country Like We Do

EDUCATION

Public Schools in Berkshire County - 58 schools

Adams-Cheshire Regional 413-743-2939

Berkshire Hills Regional 413-298-3711

Central Berkshire Regional 413-684-0320

Lanesborough Public Schools 413-442-2229

Lee Public Schools 413-243-0276

Lenox Public Schools 413-637-5550

Mount Greylock Regional 413-458-9582

North Adams Public Schools 413-662-3225

Northern Berkshire Vocational School 413-663-5383

Pittsfield Public Schools 413-499-9512

Southern Berkshire Regional 413-229-8778

Private/Parochial - Berkshire County - 15 schools

Post Secondary - Berkshire Region - 18 schools

Berkshire Community College 413-499-4660

Massachusetts College of Liberal Arts 413-662-5000

Simon's Rock College of Bard 413-528-7312

Williams College 413-597-3131

*Additional Colleges and Universities are located within a one hour drive from the City of Pittsfield, such as

SUNY Albany (State University of New York), RPI (Rensselaer Polytechnic Institute), and the Five-College

Consortium which features cross registration of Amherst College, Hampshire College, Mt. Holyoke College,

Smith College, and UMass, Amherst.*

POPULATION

Massachusetts Census 2000:Berkshire County 134,953

Pittsfield 45,793

North Adams 14,681

Great Barrington 7,527

TRANSPORTATION

Airline Charter Service

Pittsfield Municipal Airport 413-443-6700

Harriman & West Airport 413-664-4585

Great Barrington Airport 413-528-1010

Airline Commercial Service

Albany International Airport, Albany New York

Approximate driving distance: 45 minutes/45 miles

Bradley International Airport, Hartford, Connecticut

Approximate driving distance: 90 minutes/70 miles

Logan International Airport, Boston, Massachusetts

Approximate driving distance: 2 1/2 hours/ 135 miles

JFK International Airport, New York, New York

Laquardia Airport, New York, New York

Approximate driving distance: 3 hours/155 miles

Bus Transportation

Pittsfield Bus Terminal 413-442-4451

Bonanza Bus Lines 800-556-3815

Peter Pan Bus Lines 800-237-8747

Berkshire Regional Transit Authority (BRTA) 413-499-2782

Train Transportation

Amtrak Railroad 800-872-7245

UTILITIES

Electric

Western Mass. Electric Company (WMECo) 800-286-2000

Massachusetts Electric Company 800-465-1212

Natural Gas

The Berkshire Gas Company 800-292-5012

Telephone

Verizon

Residential 800-870-9999

Commercial 800-941-9900

Richmond NetWorx 413-447-8053

Richmond Telephone Company 413-698-2255

Berkshire County Map

The Gables, originally known as Pine Acre, was built in 1885 and is an original

Berkshire Cottage. Designed in the Queen Anne Style, this property served as the

Wharton family home for many years.

At the turn of the century, Lenox, located at the foothills

of The Berkshires, was a fashionable summer resort competing

with Newport and Bar Harbor for the high society of New

York and Boston.

Edith Wharton was born to a socially prominent family

in New York City in 1862 during the Civil War. She was

privately educated and came into substantial inheritance while

still quite young.

In 1885 she married Edward Robbins Wharton, known

as Teddy, a Harvard graduate twelve years her senior.

After tiring of Newport, Edith Wharton arrived in Lenox

in 1899, staying at Pine Acre with her husband's mother

while her own unique cottage, The Mount, was being

built.

She wrote 40 volumes including novels, short stories and poems. Ethan Frome,

set in Lenox, is perhaps her best known work. In 1921 Edith Wharton won the Pulitzer

Prize for The Age of Innocence.

Edith Wharton & The Gables

Edith Wharton c. 1919 (Wikipedia)

Information is deemed to be reliable, but is not guaranteed. See copyright notice.

Prepared by United Country - Property Events on Wednesday, May 27, 2009 5:44 PM The information on this sheet has been made available by the MLS and may not be the listing of the provider.

Condominium MLS# 186291 Status: Active List Price: 1

Address: 81 Walker St Lenox, MA 01240 Unit #: 1 Unit Level: 1 Unit Placement: Front

Agent Related: NoAgent Days On Market:

0

Book: 1144 Page: 286 Map Ref: M:40 B:025 P:0000

U:00 Tax Year: 2008 Taxes: 11,083 Assess Amt: 1,256,600 Possession: At Closing

Region: Berkshire - South

Village: Elem School: Morris Middle School: Lenox

Memorial High School: Lenox

Memorial Year Built Apx: 1890 Year Built Source:

Assessor

# Living Levels: 1 # Units in Complex:

5

Betterment:Association:Sq Ft Liv Apx: 2,584Sq Ft Source: OtherTotal Rooms: 13Total Bedrooms: 3Total Bathrooms: 4Total Full Baths: 2Total 3/4 Baths:Total Half Baths: 2Parking Spaces:Parking Spaces Type: Private

Interior Amenities: Alarm System; Cable Avail; Central A/C; Fireplace(s); Granite Counter; High Speed Wiring Exterior Amenities: Deck; Outbuilding; Patio; Private Pool Appliances Incl: Dishwasher; Dryer; Range Hood; Range/Stove; Refrigerator; Wall Oven; Washer

Unit Placement:

Front

Comm Features:

Landscaped; Pets Allowed; Pool; Tennis Court

Views: SeasonalWaterfront:Style: ConversionConstruction: 2x6 Walls; Wood

FrameRoof: Asphalt/FiberglassBasement: UnfinishedElectric Type: 200 AmpHeat/Cool: Central A/C; FurnaceFuel: Nat GasHot Water: Nat GasInsulation: Fiberglass; OtherEnergy Features:

Energy * Appliances

Accessibility: 1st Fl Bdrm; 1st Flr Bdrm w/Bath; 1st Flr Full Bath

Zoning: ResidentialRight to Farm Comm:

No

Laundry: In Unit

Floor: Ceramic; WoodExterior: ShingleGarage: NoneParking: Off Street; PrivateLead Paint: UnkRestrict Covenants:

Yes

Restrictions:Seller Terms:Seller Disc: NoStove Permit:Water: PublicSewer: PublicTitle V Date:Title V: Not ApplicableUnderground Oil Tank:

No

Documents in Hand:

Floor Plans; Master Deed; Mgmt Assoc Bylaws; Rules & Regs

Condo Fee Includes:

Condo Fee: 500; Exterior Maintenance; Extra Storage; Garden Area; Landscaping; Swimming Pool; Tennis Court

Room Name Room Level Width LengthBath - 1/2 1st Floor 6 6Bath - 1/2 1st Floor 6 6Bath - Full 1st Floor 6 11.9Bedroom 1 1st Floor 16.3 16.2Bedroom 2 1st Floor 10.6 16.2Dining 1st Floor 25.5 15.6Family Room 1st Floor 15.10 19.7Foyer 1st FloorKitchen 1st Floor 13 15Living 1st Floor 18.6 15.6Master Bath 1st Floor 6.10 14Master Bedroom 1st Floor 15.11 19.7

Public Remarks: AUCTION Onsite July 11th 1:15pm. Spectacular 1st floor unit incorporating new construction to match the grandeur of the original home. Live & entertain in the original home’s elegant public rooms. Featuring 2 wood-burning fireplaces, soaring ceilings, 3 bedrooms, 3.5 baths, a master suite, living room, dining room, family room, gourmet kitchen and outdoor deck overlooking the tennis court and pool Directions: 81 Walker St. is Rte 183. The property is on the north side of the street, east of the monument from the center of Lenox. Telephone Pole Coord:

Agent Days On Market: 0 Status Change Date: 05/27/2009 Org. Price:

1

Front Front Steps

Left Side Fountain

Back Side

Full Photo Tour 81 Walker St, Lenox, MA 01240

This listing is Active Listed for $1 MLS # 186291

Tennis Court Garden

Pool Cherub

Front Angle Foyer

Living Room Bathroom 1

Family Room Bathroom 2

Hardwood Floors Kitchen

Bedroom Bedroom

Fireplace Dining Room

Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by United Country - Property Events on Friday, May 29, 2009 12:02 PM

The information on this sheet has been made available by the MLS and may not be the listing of the provider.


Address: Unit 2 81 Walker St Lenox, MA 01240 Unit #: 2 Unit Level: 1 Unit Placement: Front; Middle


2


U:00 Tax Year: 2008 Taxes: 4,655 Assess Amt: 512,700 Possession: At Closing





Assessor


5


Interior Amenities: Alarm System; Cable Avail; Central A/C; Fireplace(s); Granite Counter; High Speed Wiring Exterior Amenities: Deck; Outbuilding; Privacy; Private Pool Appliances Incl: Dishwasher; Dryer; Range Hood; Range/Stove; Refrigerator; Wall Oven; Washer

Unit Placement:

Front; Middle

Comm Features:

Landscaped; Pets Allowed; Pool; Private Storage; Tennis Court



Energy * Appliances

Accessibility:Zoning: ResidentialRight to Farm Comm:

No

Laundry: In Unit

Floor: Ceramic; WoodExterior: ShingleGarage: NoneParking: On Street; PrivateLead Paint: UnkRestrict Covenants:

Yes


No

Documents in Hand:


Condo Fee Includes:


Room Name Room Level Width LengthBath - 1/2 1st Floor 5 3Bath - Full 3rd Floor 8.10 8Bath - Full 3rd Floor 8.10 5.7Bedroom 1 3rd Floor 11 16.1Bedroom 2 3rd Floor 14 19.11Dining 2nd Floor 19.8 15.2Kitchen 2nd Floor 14 12.8Library 1st Floor 17.10 13Living 2nd Floor 17.11 15.2Master Bath 2nd Floor 14 6.7Master Bedroom 2nd Floor 14 17.4Mud Room 1st Floor 13 12.8Other 3rd Floor 17.7 8.4

Public Remarks: AUCTION Onsite July 11th 1:15pm. Breathtaking tri-level unit incorporating original architectural details of the Wharton home. Original massive front door opens to library w/ fireplace & study or 1st floor bedroom. Soaring staircase leads to master bedroom suite, balcony, kitchen, formal dining room & living room w/ fireplaces. 3rd level offers 2 bedrooms, fireplace, baths & attic storage. Directions: 81 Walker St. is Rte 183. The property is on the north side of the street, east of the monument from the center of Lenox. Telephone Pole Coord:


1

Front Front Angle

Sign Front Steps

Front Door Fountain Statue

Full Photo Tour Unit 2 81 Walker St, Lenox, MA 01240


Tennis Court Side

Garden Pool

Back Sign

Library Library-Other Angle

Detail Fireplace

Stairway Second Floor

Mudroom Upper Landing

Fireplace Kitchen

Energy Star Appliances Second Floor Lit Room

Second Floor Hall Third Floor

Fireplace Laundry




Address: 81 Walker St Lenox, MA 01240 Unit #: 4 Unit Level: 2 Unit Placement: Front; Upper


0


U:00 Tax Year: 2008 Taxes: 11,083 Assess Amt: 1,256,600 Possession: At Closing


Village: Elem School: Morris Middle School: Lenox MemorialHigh School: Lenox MemorialYear Built Apx: 1890 Year Built Source:

Assessor


5


Interior Amenities: Alarm System; Cable Avail; Cathedral Ceilings; Central A/C; Fireplace(s); Granite Counter; High Speed Wiring Exterior Amenities: Outbuilding; Privacy; Private Pool Appliances Incl: Dishwasher; Dryer; Range Hood; Range/Stove; Refrigerator; Wall Oven; Washer

Unit Placement:

Front; Upper

Comm Features:


Views: SeasonalWaterfront:Style: ConversionConstruction: 2x6 Walls; Wood FrameRoof: Asphalt/FiberglassBasement: UnfinishedElectric Type: 200 AmpHeat/Cool: Central A/C; FurnaceFuel: Nat GasHot Water: Nat GasInsulation: Fiberglass; OtherEnergy Features:

Energy * Appliances


No

Laundry: In Unit


Yes


No

Documents in Hand:


Condo Fee Includes:


Room Name Room Level Width LengthBath - Full 2nd Floor 6 9Bedroom 1 2nd Floor 11.4 12Dining 2nd Floor 31.6 11.5Family Room 2nd Floor 22.8 19.11Kitchen 2nd Floor 14 19.11Living 2nd Floor 15.7 16.7Master Bath 2nd Floor 6.11 14Master Bedroom 2nd Floor 15.10 19.6

Public Remarks: AUCTION Onsite July 11th 1:15pm Soaring cathedral ceilings 18’ high w/ clerestory windows are the highlight of the dramatic open floor plan living & dining room w/ optional gas fireplace. The master bedroom w/ master bath and walk-in closet, & the adjoining family room are also graced w/ cathedral ceilings. The home is complete with a beautiful open kitchen, laundry room, guest bedroom and bath. Directions: 81 Walker St. is Rte 183. The property is on the north side of the street, east of the monument from the center of Lenox. Telephone Pole Coord:


1

Front Fountain

Side Statue

Tennis Court Pool

Full Photo Tour 81 Walker St, Lenox, MA 01240


Back Backside

Garden Cathedral Ceilings

Well-Lit Kitchen

Dining Bright Kitchen

Chandelier Family Room

Bathroom Lit Bathroom




Address: 81 Walker St Lenox, MA 01240 Unit #: 5 Unit Level: 2 Unit Placement: Front; Upper


0

Book: 1144 Page: 286 Map Ref: M:40 B:025

P:0000 U:00 Tax Year: 2008 Taxes: 11,083 Assess Amt: 1,256,600 Possession: At Closing





Assessor

# Living Levels:

1

# Units in Complex:

5


Interior Amenities: Alarm System; Cable Avail; Central A/C; Fireplace(s); Granite Counter; High Speed Wiring Exterior Amenities: Deck; Outbuilding; Privacy; Private Pool Appliances Incl: Dishwasher; Dryer; Range Hood; Range/Stove; Refrigerator; Wall Oven; Washer

Unit Placement:

Front; Upper

Comm Features:




Energy * Appliances


No

Laundry: In Unit


Yes


No

Documents in Hand:Condo Fee Includes:


Room Name Room Level Width LengthBath - 1/2 2nd Floor 3 7Bath - Full 2nd Floor 12.8 4Bedroom 1 2nd Floor 14.9 12.4Dining 2nd Floor 15 17.4Kitchen 2nd Floor 16 15.5Living 2nd Floor 18 15.5Master Bath 2nd Floor 10 11Master Bedroom 2nd Floor 12.1 17.4

Public Remarks: AUCTION Onsite July 11th 1:15pm Classically elegant unit w/ wonderful light throughout. Outdoor deck overlooking the pool, tennis court & gardens, formal living room w/ fireplace & original mantle, formal dining room or library w/ raised ceiling, fireplace & clerestory window, gourmet eat-in kitchen perfect for entertaining, master & guest bedroom, 2.5 baths & laundry. Directions: 81 Walker St. is Rte 183. The property is on the north side of the street, east of the monument from the center of Lenox. Telephone Pole Coord:


1

Front Fountain Statue

Left Angle Side

Right Angle Back

Full Photo Tour Unit 5 81 Walker St, Lenox, MA 01240


Fountain Tennis Court

Pool Kitchen

Fireplace Kitchen Again

Laundry Living Room

TERMS AND CONDITIONS OF THE SALE

PROPERTY: 81 Walker St. Lenox, MA 01240AUCTION DATE AND TIME: July 11, 2009 - 1:15 PM

Property Events LLC, a licensed Massachusetts auctioneer, License #1864, has a contract with Frank and MaryNewton (husband and wife, individually and collectively "Seller"), to offer to sell at public auction 81 Walker St.Lenox, MA 01240 (the "Property"). The Property shall be sold to the highest bidder subject to Sellersconfirmation.

1. SALE OF PROPERTY:

(a) Seller will convey the Property to the highest bidder (the Buyer), subject to the terms and conditionscontained herein and in the Sales Contract included in this Bid Package.

(b) FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES, "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATIONOR WARRANTY OF ANY KIND, INCLUDING WARRANTY AS TO THE PHYSICAL CONDITION, ZONING, OR ENVIRONMENTALCONDITIONS, UNLESS EXPRESSLY SET FORTH IN THE SALES CONTRACT REQUIRED TO BE SIGNED BY BUYER AT THECONCLUSION OF THE BIDDING.

(c) A COPY OF THE SALES CONTRACT IS BEING DELIVERED WITH THE BID PACKAGE.

2. BUYER'S PREMIUM/TOTAL PURCHASE PRICE: The total purchase price for the Property shall include a Buyerspremium equal to 10% of the highest bid (the Buyers Premium), which shall be added to the highest bid (the TotalPurchase Price).

3. PROPERTY INSPECTION: It is the Buyer's sole responsibility to:

(a) Perform all inspections (legal, environmental, economic or otherwise) of the Property and improvementsthereon and to be satisfied as to their condition prior to bidding.

(b) Review all information pertaining to the Property.

(c) Independently verify any information the Buyers deem important including information available in publicrecords.

(d) Inquire of public officials as to the applicability of and compliance with land use, zoning, building and health& safety codes and ordinances, and any other local, state or federal laws and regulations.

All information contained in the brochure and all promotional materials, including, but not limited to, square footages,acreage, dimensions, maps, taxes, etc., was provided by the Seller. Neither the Seller nor Property Events LLC makesany guarantee or warranty as to the accuracy or completeness of such information. Neither the Seller nor PropertyEvents LLC is required to update any information.The Buyer and/or the Buyer's Agent/Broker shall bear the responsibility to confirm all information relevant to theProperty prior to bidding. THE PROPERTY MAY BE INSPECTED ON Saturdays between 12 p.m. -3 p.m.

75 South Church Street, 6th Floor, Suite 15, Pittsfield, MA 01201www.PropertyEvents.com www.UnitedCountry.com

Tel: 413-442-9977 Fax: 413-499-6370

Mass Auctioneer's Lic. # 1864Mass Broker's Lic. # 7929

http://www.PropertyEvents.com

http://www.UnitedCountry.com

4. BIDDER REGISTRATION AND TERMS OF SALE:

(a) Bidders must register and receive a bidders number in order to bid on the Property. This number must bepresented when a bidder is declared the high bidder. A Bid Deposit, in the amount of $25,000 will be requiredto register to bid. Please note: All cashiers or certified checks should be made payable to yourself. You willendorse the check over to Property Events LLC when you are the successful bidder.

(b) Any person bidding on behalf of another person or entity must have a valid, legally enforceable, Power ofAttorney, approved by Seller prior to the auction. If a Purchaser is bidding on behalf of a corporation, the biddershall be individually bound until the bidder presents a corporate resolution prior to closing.

(c) THIS IS A CASH SALE. THIS SALE IS NOT CONTINGENT UPON PURCHASERS ABILITY TO OBTAINFINANCING.

5. AUCTION PROCEDURE AND TERMS:

(a) Upon being declared the highest bidder, the Buyer will be required to pay in U.S. funds an Earnest MoneyDeposit equal to the TEN PERCENT (10%) BUYER'S PREMIUM. The Bid Deposit shall be applied to theEarnest Money Deposit, and the difference between the Bid Deposit and the Earnest Money Deposit may bepaid by personal or company check. The balance of the Total Purchase Price is due at closing.

(b) Once a bid is offered, the bidder shall be bound by the bid amount.

(c) The confirmed Bidder (the Purchaser) on Auction Day shall execute and deliver a completed Auction RealEstate Sales Contract (the Sales Contract), together with all related Addenda for the Property at the Auction. Thefully executed Sales Contract (together with all related Addenda thereto) shall control all terms and conditions ofthe sale and constitute the entire agreement between Purchaser and Seller. In the event of a conflict betweenthese Terms and Conditions of Sale and the Terms and Conditions of such Sales Contract, the Terms andConditions of the Sales Contract shall prevail. NO CHANGES TO THE TERMS OF THE SALES CONTRACT WILLBE PERMITTED. PURCHASER WILL BE REQUIRED TO ENTER INTO THE SALES CONTRACT AS IS ON AUCTIONDATE.

(d) If for any reason the Buyer fails or refuses to pay the Earnest Money Deposit or to execute the Sales Contractimmediately after being confirmed as the high bidder, the Seller reserves the right to declare the bidder's rightsforfeit, retain the Bidder's Deposit, resell the Property, declare the second highest bidder as the successfulbidder at Sellers option, and pursue all rights and remedies against the Buyer.

(e) THIS SALE IS NOT CONTINGENT UPON BUYER'S ABILITY TO OBTAIN FINANCING.

(f) Property Events LLC and the Seller reserve the right to offer the Property in any manner, including withreserve.

6. PROPERTY IDENTIFICATION: The Property will be conveyed according to the legal description as contained in the deedinto the Seller. Should the Buyer desire a survey, it shall be at the Buyer's option and expense. Should the survey show agreater or lesser number of acres, no adjustment will be made to the Total Purchase Price.

7. CLOSING: The Closing shall occur onAugust 27th at 1 p.m. at the office of the Sellers attorney, unless otherwiseagreed upon in writing. The balance of the Total Purchase Price is due from the Buyer at closing and shall be paid inU.S. funds in the form of a bank cashier's check or confirmed wire transfer. TIME IS OF THE ESSENCE.

8. CLOSING COSTS:

(a) Sellers Costs. At Closing, Seller shall pay the cost of transferring the Property, which shall include the costto prepare the Deed, excise tax (transfer tax) and the cost to record all discharges and releases and to releaseany encumbrance on the Property required under the Sales Contract to be released.

(b) Buyers Costs. At Closing, the Buyer shall pay all costs for recording the Deed and all other sale, closing orfinancing fees. Should the Buyer desire an Owner's Policy of Title Insurance, it shall be at the Buyer's option andexpense.

(c) Adjustments. The current year's real estate taxes, water and sewer charges, rents and homeowner fees, asapplicable, shall be prorated through the date of Closing.

9. POSSESSION : Full possession shall be delivered at the Closing Date. The Property shall be free of encroachmentsburdening the Property and of improvements that encroach on adjoining Property, including but not limited to buildings,septic systems, well and driveway, and has sufficient legal access to a public way.

10 . FIXTURES/PERSONAL PROPERTY: Included in this sale as part of the Property, unless expressly excluded, are theusual fixtures belonging to the Seller and used in connection therewith including but not limited to, if any, furnaces,heaters, oil and gas burners and fixtures appurtenant thereto, built -in ranges, dishwashers and disposals, hot waterheaters (if not rented), mantels, electric and other lighting fixtures, chandeliers, venetian blinds and window shades,attached mirrors, automatic door openers (with remote controls), installed air conditioners, wall brackets and hangers,built -in bookcases and shelving, all installed stair carpeting and wall to wall carpeting, drapery rods, curtain rods,plumbing and electrical covers, screens, screen doors, storm and other detached windows and doors, blinds, awnings,bathroom fixtures, towel bars, medicine cabinets, radio and television antennas, satellite dishes, fences, gates, hardyshrubs, and fire and burglar alarm systems. There is no personal property included in the sale.

11. ESCROW: The Total Purchase Price, as adjusted, shall be held by the Escrow Agent pending recording of the Deedat which time the escrow Agent shall release the escrow funds to the Seller.

12. REAL ESTATE BROKERS: Property Events LLC shall pay a commission (as stated in the Property InformationPackage) to a Qualified Broker (the Qualified Brokers Commission). A Qualified Broker shall be a broker licensed by theCommonwealth of Massachusetts and who has properly registered the Buyer in accordance with the Property EventsLLC Buyer Broker Guidelines. Property Events LLC shall pay the Qualified Brokers Commission only upon theconsummation of the sale of the Property to the Qualified Brokers buyer and only upon receipt of the Buyers Premium.The Qualified Broker shall not have an obligation to attend the Closing. A broker shall not be entitled to any commissionon any sale to an affiliated entity or an immediate family member.

To be qualified, a Broker and the prospective bidder must execute a Property Events LLC Broker Registration form nolater than 48 Hours prior to the auction starting time. Property Events LLC shall maintain a complete file on all brokerregistrations.

If more than one broker registers a bidder, the first broker to register shall be the Qualified Broker. No other broker shallbe entitled to a commission.

Failure to properly register or comply with the provisions of the Property Events LLC Guidelines will disqualify theBroker from receiving any commission.

13. AGENCY: Property Events LLC is acting as agent on behalf of the Seller only, and reserves the right to protect theSellers interest by bidding as agent, unless the Property is being sold absolute to the highest bidder. Property EventsLLC is not responsible for the acts of h is agents or principals.

14. ADDITION OR WITHDRAWAL FROM SALE/CONDITION OF SALE : The sale of the Property shall be contingent uponthe Seller's confirmation, unless the sale is specified as absolute at the time of completion of the bidding. PropertyEvents reserves the right to withdraw from sale the Property listed, and also reserves the right to group one or moreproperties into one or more selling lots or to subdivide into two or more selling lots. Property Events LLC reserves theright to cancel the auction sale up to the time prior to the commencement of bidding. During bidding, Property EventsLLC has the right to reject any bid, or withdraw the Property for auction, if, in h is opinion, the highest is notcommensurate with the fair market value of the Property. In the event of any dispute after the sale, Property Events'determination shall be conclusive.

15. RIGHTS: Seller and Property Events LLC reserve the right to announce additional terms and conditions at the time ofthe sale, which additional terms and conditions will be binding upon all bidders and the Seller. All announcementsmade the day of sale shall take precedence over any conflicting prior written or verbal terms of sale. In the event theBuyer fails to perform as required as set forth herein, Property Events LLC, on behalf of the Seller, may, in addition toasserting all remedies available by law, including the right to hold the Buyer liable for the Total Purchase Price, either (a)cancel the sale, (b) retain the Buyers deposit; (c) resell the Property at public auction; or (d) take such other action as itdeems necessary or appropriate. The retention of the Buyers deposit shall not limit any rights or remedies of PropertyEvents LLC or the Seller with respect to the Buyers default. If the Property is resold, the Buyer shall be liable for payment

of any deficiency in the Total Purchase Price that is, the difference between the Total Purchase Prices of the first andsubsequent sale, all costs and expenses of both sales, reasonable attorneys fees, commissions, incidental damagesand all other charges due hereunder.

16. EQUAL OPPORTUNITY CLAUSE: All bidding is open to the public. The Property is available to qualified bidderswithout regard to race, color, religion, sex, familial status, national origin, or physical impairment.

17. MISCELLANEOUS:

(a) All decisions of Property Events are final as to the methods of bidding, disputes among bidders, incrementsof bidding and any other matters that may arise before, during, or after the auction. Seller reserves the right todeny any person admittance to the auction or expel anyone from the auction, who attempts to disrupt theauction.

(b) The federal antitrust laws prohibit collusion among bidders in restraint of interstate commerce. Thepenalties for violating the federal antitrust laws include criminal fines, imprisonment, injunctions, compensatorydamages and attorneys fees. Collusion between bidders to refrain from bidding at the auction or to limit theprices bid for the Property or any parcel or the Property offered for sale at the auction is strictly prohibited.

(c) All announcements made Auction Day supersede any prior oral or printed statements.

(d) All information as shown in the newspaper advertisements and the brochure that has been used for mailingand/or distribution at this auction sale, has been compiled purely for the convenience and assistance of thebidders and while the information shown is assumed to be reasonably correct, it is not guaranteed and/orwarranted by the Auctioneer/Broker, Seller or any representative of the Seller.

(e) The Buyer is aware and acknowledges that no representation or warranties of any kind whatsoever hasbeen made by or on behalf of the Seller as to the condition, construction or fitness for habitation or whether itconforms to applicable state or local building and sanitary codes. Further, no representations or warrantieshave been made by or on behalf of the Seller concerning zoning, state of title, utilities, condition of the Propertyor otherwise.

PROPERTY EVENTS LLC IS A SELLING AGENT ONLY AND MAKES NO REPRESENTATIONS CONCERNING THISPROPERTY WHATSOEVER.

The Undersigned Bidder hereby acknowledges that the Undersigned Bidder has read the foregoing and agrees tothe terms and conditions as set for therein and further acknowledges receipt of a copy of these additional termsand conditions and a copy of the following:

1. Purchase and Sale Agreement;2. Lead Paint Notification Form;3. Municipal Lien Certificate; and

The Undersigned Bidder hereby acknowledges receipt of this Bid Package and agrees to the terms and conditionsof the auction as stated herein.

Required Opening Bid $________________

Auctioneer Signature Bidder Signature

DISCLAIMER

Square footage dimensions and acreage amounts are based upon information provided by the Seller and are

believed to be correct; however, Purchaser and/or Purchaser's Agent/Broker shall bear the responsibility to

confirm all calculations prior to the auction. Not available to residents of any state in which this real estate is

not in compliance with the real estate laws or other laws of that state. The auctioneer/auction company shall

not be responsible or liable in any way if the seller fails to honor any bid, or refuses to or cannot close title in

accordance with the winning bid or any contract entered in respect thereof. Announcements made at the

auction supersede all printed material. All information contained in this Property Information Package was

derived from sources believed to be correct, but is not guaranteed. This Property Information Package may

not be reproduced in whole or in part without the written permission of Property Events LLC.

AUCTION REAL ESTATE SALES CONTRACT

SELLER: AUCTIONEER/BROKER/ESCROW AGENT :Name(s) ______________________________________ Property Events LLC

75 South Church StreetAddress ______________________________________ Pittsfield, Ma 01201

BUYER:Name(s) _____________________________________

Address _____________________________________

1. AUCTION TERMS AND CONDITIONS: The Buyer is the successful bidder at the auction held this date (the ExecutionDate) for the Property, as defined in Section 2. The Auction Terms and Conditions (the "Auction Terms") andannouncements made prior to the auction shall be deemed part of this Contract and are set forth in Addendum A.

2. DESCRIPTION: Subject to the terms and conditions hereinafter set forth, the Seller agrees to sell, and the Buyeragrees to buy, the Sellers real property located at 81 Walker St. Lenox, MA 01240, as more particularly described in adeed dated _________________ and recorded in the Berkshire Southern District Registry of Deeds in Book________, Page _________, or Land Court Certificate # _________ (the Property).

3. PURCHASE PRICE: Buyer agrees to pay as the full purchase price for the Property, the s u m of $________________,as follows:

H igh Bid $______________________

Buyers Premium (10%) $______________________

Purchase Price $ ______________________

Deposit $______________________Balance of Purchase PriceDue at Settlement $______________________

Demand Note: If Deposit is made with a personal check, this Contract will constitute Buyer's personal demand noteguaranteeing the check. Should Seller or Auctioneer/Broker be required to pursue collection on this check orenforcement of this Contract, the cost of such collection and Sellers'/auctioneer's reasonable attorney fees will beBuyer's expense, all unpaid amounts shall accrue interest at a rate of 1.5% per month (18% per year) until said amountis fully collected.

(a) Buyer shall pay the remainder of the Purchase Price to Seller at the Closing, defined in Section 6 in cash,by wire transfer or by certified or cashiers check.

(b) Buyer acknowledges that the Purchase Price includes a Buyers Premium of ten percent (10%), which shallbe paid by the Seller to Property Events, as its commission.

3.1 Escrow : The Deposit shall be held by Property Events LLC (Escrow Agent), in a non interest bearing escrowaccount, unless otherwise specified herein.

75 South Church Street, 6th Floor, Suite 15, Pittsfield, MA 01201www.propertyevents.com www.UnitedCountry.com

Tel: 413-442-9977 Fax: 413-499-6370

Seller's Initials Buyer's Initials

Mass Auctioneers License # 1864Mass Brokers License #7929

http://www.propertyevents.com

http://www.UnitedCountry.com

4. CONTINGENCIES: Buyer acknowledges that this Contract contains NO CONTINGENCIES affecting the Buyersobligation to perform. If the sale as contemplated herein is not consummated for any reason, except Sellers inability todeliver good, clear, marketable record or insurable title, then the Deposit shall inure to and become the property of theSeller, all as provided in Section 26 hereof.

5. SEPTIC SYSTEM: The Seller represents that the Property is connected to a municipal sewer system. If the Property isnot connected to a municipal sewer system, Seller represents that the Property is served by a septic system (the SepticSystem) located entirely within the boundaries of the Property, to the best of their knowledge. The Seller shall engage alicensed septic inspector to perform a Septic System Inspection, issue a Septic System Report (the Report) and deliverthe Report to the Buyer, within ten days of the Execution Date. Should the Report indicate that the Septic System is afailed system as defined by Title 5 of the State Environmental Code (310 CMR 15.301), the Buyer may, within 3 days ofreceipt of the Report, cancel this Contract, and the Deposit shall be returned to the Buyer.

6. CLOSING DATE: The deed is to be delivered at 10:00 A.M. on the 27th day of August, 2009 at the office of the Sellersattorney, or at said registry of deeds, at Sellers election, unless otherwise agreed upon in writing. IT IS AGREED THATTIME IS OF THE ESSENCE.

7. POSSESSION : Full possession shall be delivered (subject to existing tenants and parties in possession ) at theClosing Date. The Property shall be free of encroachments burdening the Property and of improvements that encroachon adjoining Property, including but not limited to buildings, septic systems, well and driveway, and has sufficient legalaccess to a public way.

8. SURVEY: The Seller represents that (no) new boundaries are being created by the sale of the Property. If newboundaries are being created, the Seller shall deliver to the Buyer at the Closing a survey of the Property, in recordableform. The Seller shall pay for the preparation and recording of the survey, unless otherwise provided herein.

9. FIXTURES: Included in this sale as part of the Property, unless expressly excluded, are the usual fixtures belonging tothe Seller and used in connection therewith including but not limited to, if any, furnaces, heaters, oil and gas burnersand fixtures appurtenant thereto, built -in ranges, dishwashers and disposals, hot water heaters (if not rented),mantels, electric and other lighting fixtures, chandeliers, venetian blinds and window shades, attached mirrors,automatic door openers (with remote controls), installed air conditioners, wall brackets and hangers, built -inbookcases and shelving, all installed stair carpeting and wall to wall carpeting, drapery rods, curtain rods, plumbingand electrical covers, screens, screen doors, storm and other detached windows and doors, blinds, awnings,bathroom fixtures, towel bars, medicine cabinets, radio and television antennas, satellite dishes, fences, gates, hardyshrubs, and fire and burglar alarm systems. The following additional personal property is included:Excluded items:

10. ADJUSTMENTS : Current real estate taxes, rents, if applicable, water rates, sewer use charges and fuel are to beapportioned as of the Closing Date. Rents are to be apportioned only for the month in which the closing occurs andonly when collected by either party. Unpaid rents due the Seller from months prior to the month of the Closing Date,shall be the responsibility of the Seller to collect. If the real estate tax rate is not set as of the Closing Date, theapportionment of real estate taxes shall be made on the basis of the tax assessed for the most recent preceding year,with a readjustment at the request of either party, when the amount of the current years tax is set. If the amount of the taxis reduced by abatement, the rebate, less the reasonable cost of obtaining it, shall be apportioned between the parties.

11. TITLE: The Property shall be conveyed by a good and sufficient quitclaim deed (Deed), unless otherwise specifiedherein (accompanied by a Certificate of Title, if registered), conveying a good, clear record, marketable and insurabletitle, free of all encumbrances and exceptions, except:

a) Real Estate Taxes assessed or to be assessed on the Property to the extent that such taxes thenare not yet due and payable.

b) Betterment assessments, if any, which are not a recorded lien on the Property, as of the date of thisContract.

c) Federal, state, and local laws, ordinances, by-laws, and rules regulating the use of land, particularlyenvironmental, building, zoning, health, rent control, and condominium conversion laws, if any, applicable asofthe date of this Contract.


d) Existing rights, if any, in party or partition walls; and

e) Utility easements in the adjoining ways.

12. USE OF PROCEEDS TO CLEAR TITLE: To enable the Seller to make conveyance as herein provided, the Seller mayat the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or allencumbrances or interests, all instruments so procured to be recorded simultaneously with the delivery of said deed orat such later time as shall be reasonably acceptable to the Buyer, and provided further, with respect to discharges ormortgages from insurance companies, banks and credit unions, such discharges may be recorded within areasonable time after the recording of the deed.

13. EXTENSION: If, after reasonable and diligent effort, the Seller is unable to convey title or deliver possession of theProperty as required hereunder, upon notice by either party, prior to the Closing Date, this Contract shall beautomatically extended for 90 days. The Seller shall remove all mortgages, attachments and other encumbrancesincurred or assumed by the Seller, which secure the payment of money, provided the total amount thereof does notexceed the Purchase Price, and the Seller shall use reasonable and diligent efforts to remove other defects in title, or todeliver possession as provided herein, or to make the Property conform to the provisions hereof. At the end of theextended period, if all such defects have not been removed, or the Seller is unable to deliver possession, or theProperty do not conform with the requirements of this Contract, the Buyer may elect to terminate this Contract and toreceive back all deposits, upon receipt of which all obligations of the parties hereto shall cease.

14. STANDARDS: Any title matter or practice arising under or relating to this Contract, which is the subject of a TitleStandard or a Practice Standard of the Massachusetts Conveyancers Association shall be governed by said Standardto the extent applicable.

15. WATER: The Seller represents that the Property is served by a municipal water system. If the Property is not servedby a municipal water system, the Seller represents that the Property is served by either (a) a private water systemapproved by the Board of Health or (b) a well located entirely on the Property, which contains no defects known to theSeller.

16. LEAD PAINT LAW: The Buyer acknowledges that under Massachusetts Law, on homes constructed prior to 1978,and whenever a child under six (6) years of age resides in any Property in which paint, plaster or other accessiblematerial contains dangerous levels of lead, the owner of said Property must remove or cover said material so as tomake it inaccessible to children under six (6) years of age. The Buyer further acknowledges that, prior to the signing ofthis Contract, the Seller and Property Events have (a) provided to the Buyer the standard notification form from theMassachusetts Department of Public Health concerning lead paint, the certificate for which Buyer has signed, which isattached hereto; (b) informed the Buyer of the availability of inspections for dangerous levels of lead; and (c) verballyinformed the Buyer of the possible presence of dangerous levels of lead and the provisions of the lead paint law andregulations, found in 105 CMR 460.100D. Notwithstanding, The Seller is under no obligation to the Buyer to removelead paint, which may be present in the Property.

17. ASBESTOS: The Buyer acknowledges that the Department of Public Health has issued regulations governing themaintenance, repair and removal of asbestos material by any owner of real property and that asbestos material is acommon insulation material on heating pipes, boilers, and furnaces.

18. RADON GAS: Radon gas is a radioactive gas, which occurs naturally in certain areas and may accumulate in somebuildings in a high enough concentration to be a potential health hazard.

19. UNDERGROUND STORAGE TANKS: The parties acknowledge that the Massachusetts Board of Fire Prevention hasissued regulations governing the maintenance, repair, and removal of underground storage tanks to prevent and detectleakage of tank contents into surrounding soi l and water supplies. The Seller hereby discloses that to the best of theSellers knowledge, there are no underground storage tank(s) at the Property. If there are one or more undergroundtanks at the Property, the Seller further discloses that the tanks been used within the past six (6) months exclusively forthe storage of fuel oil for consumption of the Property and to the best of the Sellers knowledge there has been norelease or leakage of oil from such tank(s). If the Property is not in compliance with 527 CMR 9.00 et.seq., the BUYERshall be obligated to purchase the Property and shall be deemed to have assumed the obligation to bring the Propertyinto compliance with 527 CMR 9.00 et. seq.


20. PHYSICAL CONDITION OF THE PROPERTY:

(a) Disclaimers . The Buyer acknowledges that it has examined and inspected, and is satisfied with, thephysical condition of the Property and the improvements thereon. BUYER EXPRESSLY AGREES THAT THEPROPERTY IS BEING SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT ANY WARRANTY ORREPRESENTATION, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITEDTO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE, AND SUBJECT TO ORDINARY WEAR AND TEAR OCCURRING AFTER THE DATE HEREOF.

(b) Indemnification of Seller . The Buyer further acknowledges that the Seller has neither made nor extendedto the Buyer any representation, warranty or indemnity with regard to the environmental condition of theProperty or with regard to its compliance with the Americans with Disabilities Act of 1990, if applicable, and theBuyer hereby assumes sole responsibility therefor, and indemnifies and agrees to hold the Seller, itsaffiliates, agents, directors, employees and attorneys harmless from and waives any right, action, claim orcause of action, which it or its successors or assigns may have now or in the future against the Seller, itsaffiliates, agents, directors, employees or attorneys with regard thereto.

21. RISK OF LOSS -INSURANCE AND DAMAGE PRIOR TO CLOSING: Prior to the delivery of the Deed, the risk of lossshall be on the Seller. The Seller shall continue to carry the fire and extended coverage insurance presently maintainedon the improvements on the Property (or, upon the written request of the Buyer, and at the Buyers expense, in suchgreater amount as the Buyer may reasonably request). If the Property is damaged by fire or other casualty prior to theClosing Date, and the Seller has not restored the Property to their former condition, the Buyer has the option to take anassignment of Sellers insurance proceeds or terminate this Contract. If the Buyer elects to purchase, the Seller shallassign all insurance proceeds to the Buyer and the Purchase Price shall be reduced by:

a) the net amount of any insurance proceeds, which a mortgagee has applied to the mortgage debt, less anyamount reasonable expended by the Seller for partial renovation.

b) the amount of any insurance proceeds received by the Seller; and

c) any deductible amount under the Sellers insurance policy. The Seller will credit the Buyer the amount ofdeductible toward the Purchase Price.

22. EMINENT DOMAIN: In the event of a taking of the Property or any portion thereof by eminent domain after the datehereof, but before the Closing, the Buyer will, within ten (10) days of the taking, either (i) terminate this Contract bywritten notice to the Seller, in which event the Buyer will be entitled to the return of the Deposit and neither party will haveany further liability to the other, or (ii) elect to proceed to Close without a reduction in the Purchase Price, in which eventthe Seller will convey to the Buyer the portion of the Property not taken and will assign to the Buyer all of Sellers right,title, and interest in any condemnation award arising from and pertaining to the taking of the Property.

23. ACCEPTANCE OF DEED: Acceptance of the Deed by the Buyer shall be a full performance and shall discharge everyagreement and obligation herein except any agreements, which by their terms are to be performed after the Closing.

THE BUYER FURTHER ACKNOWLEDGES THAT THE BUYER IS PURCHASING THE PROPERTY AS IS WITH ALL FAULTSand the Buyer has not relied upon any statements or representations, oral or written, regarding the condition or value,present or future, of the Property made either by the Seller or the Sellers Agents, which are not otherwise contained inthis Contract and that the Sellers Agents are acting exclusively upon behalf of the Seller. All oral or writtenrepresentations between the parties are merged herein. The Buyer further acknowledges it is the Buyers responsibilityprior to closing to obtain any and all governmental permits for any intended use of the Property including, but not limitedto, health or environmental department, planning or zoning board approvals. The Seller and Sellers representative(s)make no representations as to the adequacy of the Property being conveyed for Buyers intended purposes, disclosedor undisclosed.

24. MERGER: The parties agree that this Contract contains all of the terms and conditions of this transaction. It ismutually agreed that any oral or prior written representation made by either party prior to the execution of this Contract isnull and void. This Contract shall be construed as a legal contract under seal and is binding upon the parties, and theirrespective heirs, successors, and assigns.


25. SURVIVAL: Notwithstanding any presumptions to the contrary, all covenants, conditions, and representationscontained in this Contract, which by their nature, implicitly or explicitly, involve performance in any particular mannerafter the Closing and delivery of the Deed, or which cannot be ascertained to have been fully performed until after theClosing and delivery of the Deed, shall survive the Closing.

26. TERMINATION: In the event the Buyer terminates this Contract in accordance with the provisions herein relating to"Risk of Loss Insurance", "Septic System Inspection", default by the Seller, or the failure of any contingency shownunder special conditions, the Escrow Agent shall forthwith refund the Deposit together with accrued interest thereon (ifapplicable) to the Buyer.

27. BUYERS DEFAULT: If the Buyer defaults, the Buyer shall be liable to the Seller and their agent in the amount of 15%of the Purchase Price, as liquidated damages, which shall be the Sellers exclusive remedy in law or in equity. TheDeposit shall be applied to the payment of said liquidated damages.

28. RELEASE OF DEPOSIT: The Deposit (which term shall include all interest earned, if any) made hereunder shall beheld in escrow, subject to the terms of this Contract and shall be duly accounted for at the time for performance of thisContract. The Deposit may not be released from escrow without the assent of both the Buyer and the Seller. Therecording of the Deed to the Property shall constitute such assent. In the event of any disagreement, the Escrow Agentshall retain the Deposit pending written instructions by both the Seller and the Buyer, or by a court of competentjurisdiction. So long as Escrow Agent served in good faith, the Buyer and seller each agrees to hold harmless EscrowAgent from damages, losses, or expenses, arising out of this Contract or any action or failure to act, includingreasonable attorneys fees, related thereto. The Buyer and Seller acknowledge that the Escrow Agent may be counsel orfiduciary to one of the parties and agree that Escrow Agent may continue to act as such counsel or fiduciary.

29. AGREEMENT TO MEDIATE DISPUTE OR CLAIMS: Any dispute or claim arising out of or relating to this Contract, thebreach of this Contract or the brokerage services provided in relation to this Contract shall be submitted to mediation inaccordance with the Rules and Procedures of the Homesellers / Homebuyers D ispute Resolution System (DRS).D isputes and claims shall specifically include, without limitation, representations made by the Seller, the Buyer orProperty Events LLC in connection with the sale, purchase, finance, condition, or other aspect of the Property to whichthis Contract pertains, including without limitation, allegations of concealment, misrepresentation, negligence and / orfraud. The mediation conference shall be held within 30 days from the date on which the mediator receives notice of thedispute. If the parties reach a settlement, they shall both sign a settlement agreement. If the parties cannot reach amutually agreeable settlement, they may arbitrate or litigate the dispute without regard to the mediation procedure. Thefiling of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership,injunction, or other provisional remedies shall not constitute a waiver of the right to mediate under this paragraph, norshall such filing constitute a breach of the duty to mediate. The provisions of this paragraph shall survive the closing.

30. GOVERNING LAW: This Contract is to be governed by the substantive laws of the Commonwealth ofMassachusetts.

31. AGENCY: The Buyer and Seller acknowledge that they have been provided with a completed copy of the MandatoryAgency D isclosure Agency Relationship form, as mandated by the Massachusetts Board of Registration of Real EstateBrokers and Salespersons.

32. SPECIAL CONDITIONS / ADDENDA:

33. TERMINATION OF OFFER: This offer is subject to acceptance by Seller by, after which time this offer is void andterminated, and deposit paid by Buyer shall be returned.

34. TIME: Time is of the essence of all provisions of this Contract, unless otherwise specified elsewhere in thisContract. Any reference to days shall mean calendar days and is not intended to mean only business days.

35. FACSIMILE: This Contract may be executed by facsimile, which signatures shall be deemed originals for allpurposes. Further, this Contract may be executed in duplicate counterpart originals; with all such counterpartsconstituting singular binding agreements, notwithstanding the signatories may not have the same counterpart.


36. BROKER: The Buyer acknowledges that he is not represented by a real estate broker, and no real estate broker hasin any way been involved in this transaction on the Buyers behalf, except any broker previously registered with andacknowledged by Property Events, in writing. The Buyer agrees to indemnify and hold harmless the Seller and PropertyEvents for any claim made by any real estate broker not registered with and acknowledged by Property Events LLC, inwriting, in connection with this transaction, including costs of to defend such claim or action and reasonable attorneysfees.

37. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK LEGAL COUNSEL.

Executed under seal by they undersigned.

SELLER: Date BUYER: Date

SELLER: Date BUYER: Date

SELLER's Attorney's Name BUYER's Attorney's Name


Closing Remarks

Free Recorded Information 24-Hours a Day! 1-800-441-2779 ext. 7007

Address:

81 Walker St Lenox, MA 01240

MLS #s: 186290, 186291,

186292, 186293

Please Contact:

The Plaine Family

United Country

Property Events

75 S. Church St.

Pittsfield, MA 01201

Office:(413) 442-9977

Mobile: (413) 441-2335

Fax: (413) 499-6370

www.PropertyEvents.com

[email protected]

Information deemed accurate, but subject to

errors, omissions, prior sale, price changes, or

withdrawal without notice. Contact affiliate for

verification of facts.

Buying a property is an exciting and complex adventure. It

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