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COMMONWEALTH
OF MASSACHUSETTSMIDDLESEX, ss SUPERIOR
COURT
DEPARTMENT
OF
THE
TRIAL COURTTHOMAS GRAYES LANDJNG CONDOMINIUMTRUST,Plaintiff
v.
PAUL AND SHEILA
GARGANO
DefendantsPAUL AND SHEILA GARGANO,Plaintiff
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Consolidated C.A. No.04-04613 (Middlesex)04-05018 (Suffolk)
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NILES COMPANY, INC., andTHOMAS GRAYES LANDINGCOl\fDOMINIUM ASSOCIATION,Defendants
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ORDER
FOR
SALE
Following trial
of
the above-captioned matter, and in accordance with the Findings
of
theCourt, it is hereby ORDERED,
ADJUDGED
and
DECREED
as follows:
1.
There exists a certain condominium unit, designated Unit C-1, 4 Canal Park,Cambridge, Massachusetts, (the "Unit") which Unit is part
of
The Thomas Graves LandingCondominium, a condominium established
by
Master Deed dated January
20,1988
and recordedat the Middlesex South Registry
of
Deeds at Book 18829 and Page 434. Said Unit is owned bydefendants Paul and Sheila Gargano (hereinafter "defendants"), pursuant to a Unit Deed datedSeptember 15, 1994, and recorded with the Middlesex County Southern District Registry
of
1
 
Deeds, at
Book
24857, Page 494.
2.
All other parties-in-interest, that is, all persons, £inns
or
entities having a lien
or
encumbrance
of
record on the said Unit have been duly served with process in this action as
appears
in
the
records
of
this
Court.
3.
In
accordance with the Judgment
on
Finding
of
the Court dated July
9,2008
andthe Entry
of
Final Judgment based thereon, the plaintiff, Thomas Graves Landing CondominiumTrust,
is
entitled to recover the sum
of
$298,260.15, as the same is enforceable as a
common
expense, as follows:
A.
Gas Assessment:$155,408.00
B.
Interest from 11/19/2004 to 07/09/2008: $67,852.15
c.
Attorney's Fees$75,000.00.
4.
Additional interest and fines, from July
9,2008
to March
19,2009
has accrued inthe amount
of$43,783.71.
5.
With additional interest and fines, the total sum due and owing
to
the plaintiff,$342,043.86, constitutes a debt for which the defendants, Paul and Sheila Gargano, arepersonally liable
under
the provisions
of
M.G.L.
c.
183A,
§
6(b).
6.
The total sum due and owing to the
plaintiff
constitutes a lien upon said Unit # C
1,
4 Canal Park, Cambridge, Massachusetts
(of
the Thomas Graves Landing Condominium)under the provisions
ofM.G.L.
c. 183A,
§§
6(a) and 6(c).
7.
Pursuant to M.G.L.
c.
183A
§
6(c), the foregoing lien has priority over all otherliens and encumbrances except (a) liens and encumbrances recorded
prior
to the aforesaidMaster
Deed
and (b) liens for real estate taxes and other municipal charges against the said Unit.
2
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