JORDAN, MITCHELL Et Al v. CASSIDAY, BRYAN, EXECUTOR OF THE ESTATE OF DORIS G Et Al, FST-CV24-6064412-S, 102.00 (Conn. Super. Ct. Jan. 9, 2024) (2024)

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`DOCKET NO.: FST-CV24-6064412-S
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`: SUPERIOR COURT
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`MITCHELL JORDAN;
`AND VINCENZO DIPRIMO
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`VS.
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`BRYAN CASSIDAY, EXECUTOR OF THE
`ESTATE OF DORIS G. CASSIDAY;
`ET AL.
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`: JUDICIAL DISTRICT
`: OF STAMFORD/NORWALK
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`: AT STAMFORD
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`: JANUARY 9, 2024
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`CERTIFICATION OF FILING OF EXHIBITS
`TO COMPLAINT
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`Pursuant to Practice Book § 10-29(a), plaintiffs Mitchell Jordan and Vincenzo
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`Diprimo hereby certify filing of the attached Exhibits A through H to the plaintiffs’
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`Complaint.
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`PLAINTIFFS MITCHELL JORDAN; AND
`VINCENZO DIPRIMO
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`/s/ Gregory J. Williams /406650
`BY
`Gregory J. Williams, Esq.
`Lampert, Toohey & Rucci, LLC
`46 Main Street, New Canaan, CT 06840
`Tel. 203-972-8100
`Juris No. 420060
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`Juris No. 420060
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`(203) 972-8100 FAX (203) 972-8716
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`46 Main Street, New Canaan, CT 06840
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`LAMPERT, TOOHEY & RUCCI, LLC
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`Law Offices of
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`CERTIFICATION
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`I hereby certify that a copy of the above was mailed or electronically delivered on
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`January 9, 2024 to all counsel and pro se parties of record and that written consent for
`electronic delivery was received from all counsel and pro se parties of record who were
`electronically served, as follows:
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`NO APPEARING PARTIES
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`/s/ Gregory J. Williams /406650
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`EXHIBIT “A™
`EXHIBIT "A"
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`4976
`WOL489He B26 ee
`|
`||TO ALLPROPLE 70 WHOM THESE PRESENTSSHALL COME, GREETING}
`i a TARIAN-UNIVERSALISTSOCIETYIN
`i
`YE, THAT THE UNITARIAN-UNIVERSALIST
`viweiwn smateis
`“sraMporD,an ecclesiasticalsociety organizedand roaveceate
`|| thelawsof theState of Connecticut, located at Prospects reet,
`: nating herein by Robert N, Anderson
`ffs:
`trustee
`(in the City of Stamford, count of Fairfield, in said
`,
`bins
`county
`of Fairfield
`aid State,
`|
`I tor: theconsideration of SEVENTY-NINETHOUSANDDOLLARS, ($79,000.)
`| received to its full satisfaction of BRUCE B. CASSIDAYand DORIS ¢
`| Faireierg Doth of DogwoodLane in the City of Stamford, County of
`Fairfield and State of Connecticut
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`|
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`ASsigns forever
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`|| with the
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`|| CASSIDAY and poris 6, CcAssIpay
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`|| andunto the Survivor of them, and untesuch survivor'sheirsand|
`Ho.
`ALL that certain plece, parcel or tract of land, together|
`:
`:
`buildings thereon, situated in said CityofStamford,
`| County ofFairfield andState ofConnecticut, bounded anddeacrib~|
`edas follows:
`
`|| NORTHERLY
`322.93 feet by the curved line of DogwoodLane;:
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`270.43 feet by land now or formerly of Adnan Waly
`and Marianne Waly,
`338.69 feet by Parcel a ona& certainmap described
`147.81 feet by Briarwood Lane, and
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`37.74 feetby
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` || does give, grant, bargain, sell and confirmunto the said BRUCE B,
`tbenoeenpetneeeirnnet+ rr
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`|| BASTERLY
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`|) SOUTHERLY.
`‘||WESTERLY
`|| NORMWESTERLy
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`hereafter, and
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`.
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`m and designated ag Parcel "A" aw
`mn
`{| iy
`ayo patate Of Dena Cc, Postley Stamford, Conn,*
`ted,
`“Map ShowingSub-.
`Whichmap ison file in the
`© Cityandtown Clerk. of
`the Cty of stamford ag Map Number 6974
`an a -
`
`fiction of
`so.
`City of Stamford andano
`the
`_
`Seeeosiahedin.
`jp
`{| MB@ dmposed or to be imposed bypublic authority.” *eeteketion. of
`W pee | Re Taxes of the City of Stamfordon the list of
`aeeeeek1,1974,whichtaxes the Grantees herebyassumeacd.
`agree to payas Part of the consideration her. £,
`3s+
`A grant fromMinnie Wechsler to the conn tieut
`pe powerCompany, dated June 14,
`1950 and rececdee eee© ANeCELCI
`|)BandRecordsin Book 638 at Page 252.
`“ecorded inthe Stamtord.
`“beESE
`.
`90
`3 96 | Conveyance Taxreceived|
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`imi-thrbNneAgee
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`ceett,kommerimeemerehysanttearanameenaaAete
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`ekeaeNEORRtacoHeegeetameNSEEAa
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`2gitpinabarttriedalepetetemrt
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`aapoakstaycnreneneereCTToPnS=reTi
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`Sahnreticent
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`THEUNITARIAN-UNIVERSALIST SOCIETY
`.
`.
`IN STAMFORD
`i —
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`
` ff
`A Lf, Otten
`
`P. Paolini
`.
`STATEOF CONNECTICUT
`sees
`‘COUNTYOF FAIRFIELD
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`\uguat, 1975, before me
`aay
`oP
`r
`th
`day of August, 1975,
`/4
`On this the
`eme,
`aptneacknowledgedhimself
`apes™AEsheeeenaseun
`heii Keheugein the undersigned officer, personally_
`tobe the / fSeespee
`of THE UNITARIAN-UNIVERSALISTSOCIETY
`INSTAMFORD, ‘anecclesiastical society, and that heas Sen
`eenéi
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`_ fare 7&e—being authorized so to do, executed the foregein
`instrument for the purposestherein contained,by signing,the,; i
`“/RUS7TEC Oye
`mame ofthe Society by himself as
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`IN WITNESS WHEREOF, I hereunto set my hand a
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`rspaneaimeease:Laceiainiiceuittais:
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`attgb,
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`SME
`Pysinldeden
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`Sacheedeeternathe.Up
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`ee .
`Signed, Seali, and
`uy Delivered. in présence of
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`Vera
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`The landaffected hereby lies in
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`Map,
`:i§ 3oa
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`gy
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`reenarne nove granted andbargained
`he
`‘
`Pp
`es thereof,
`unto
`them
`the
`sai
`and untc
`|grantees,
`| Rekrsand assigneeeeSur¥ivorof then,anduntosuchsuvivor's
`| behoof.
`“ee
`r to them and their own proper use and
`:
`AND ALS&C
`+,
`&} ,
`- sors and neste not re the Said grantor, does for itself, its succes<
`survivor of then, andwith with the said grantees and with the
`at anduntil the ensealing ofcnetivor'sheirsandassigns, that
`Bargain and sell the same in manner and form
`— :habenna.
`&
`the same is free from all incum-
`branceswhatsoever, except as hereinbefore mentioned.
`:
`eracenterFURTHERMORE, It, the said grantor does by
`these
`presents bind. itself and its successors and désion®torewes,to
`WARRANT ANDDEFEND the above granted and bargainedpremisea to
`them the said grantees, and to the survivor of them and to such
`Survivor's heirs and assigns, against all claims and demands
`whatsoever, except as hereinbefore mentioned.
`_
`|
`a and wetTNESS WHEREOR, The said Society has hereunto set its
`handand seal this =
`/ 97
`Gay of August in the year of our.
`Lordnineteen hundred and seventy-five.
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`
`
`
`Aa
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`its Trustee
`Robert N. Anderson
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`) SS. Stamford, August
`}
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`/S , 1975
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`|
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` NOTARY PUBUC
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`My Commission Expires March De Ae7P
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`@ of
`Of: Ser .
`of the Stamford Block
`
`ack...
`2:10 P.M. andrecordedby
`
`S
`Louis A. Clapes, City and TownClerk
`pecan ai namaneineneg ern
`animes
`ys
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`EXHIBIT "B™
`EXHIBIT "B"
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`[COMMONLY KNOWN AS 69 DOGWOOD LANE, STAMFORD, CONNECTICUT]
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`ALL that certain piece, parcel or tract of land, together with the buildings thereon,
`situated in said City of Stamford, County of Fairfield and State of Connecticut, bounded
`and described as follows:
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`NORTHERLY:
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`EASTERLY:
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`SOUTHERLY:
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`WESTERLY:
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`322.93 feet by the curved line of Dogwood Lane,
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`270.43 feet by land now or formerly of Adnan Waly and
`Marianne Waly,
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`338 69 feet by Parcel B on a certain map described
`hereafter,
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`147.81 feet by Briarwood Lane, and
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`NORTHWESTERLY:
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`34.74 feet by the curved intersection of Briarwood Lane
`and Dogwood Lane,
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`Containing in Area 1.512 acres.
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`SAID premises being known and designated as Parcel “A” as shown and delineated on
`a. certain map entitled, "Map Showing Subdivision Prepared For Estate Of Dena C.
`Postley Stamford, Conn." which map is on file in the office of the City and Town Clerk of
`the City of Stamford as Map Number 8974.
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`
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`SAID premises are subject to the following:
`
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`Zoning and Planning rules and regulations as established in and by the
`1.
`City of Stamford and any restriction of use imposed or to be imposed by public
`authority.
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`2. Taxes of the City of Stamford becoming due and payable.
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`A grant from Minnie Weschler to The Connecticut Power Company, dated
`3.
`June 14, 1950 and recorded in the Stamford Land Records in Book 638 at Page 252.
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`EXHIBIT °C"
`EXHIBIT "C"
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`4 oe
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`BLOCK €377
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`eTCLhe
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`INSTR # 2006016726
`VOL. @B633 PG 2332
`RECORDED @7/13/2086 .03783:04 PR
`DONNA HM LOGLISCT
`CITY & TGWH CLERK STAMFORD CT
`TOWN CORVEYARCE TAX
`1, 952.50
`STATUTORY FORM WARRANTYoPRREDCONVEYANCE TAX 3, 985. 82
`TO
`T7
`DORIS G. CASSIDAY=BLOCK 2
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`JOBN R. HARVEY and KAREN C, HARVEY
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`I, Doris Cassiday, of Stamford, Connecticut, for consideration ofthe sum of SEVEN ;
`HUNDRED EIGHTY-ONE THOUSAND ($781,000.00) DOLLARSpaid, grant to JOHN R.
`HARVEYand KAREN C. HARVEY,andthe survivorthereof, as joint tenants with right of
`survivorship, with WARRANTY COVENANTS.the following described property:
`
`See schedule A attached hereto and made a part hereof.
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`Signed this 11"* day of July, 2006:
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`Witnessed by:
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`Bone
`' Doris
`|
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`|
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`Caves
`siday
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`te
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`"
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`Nec € (2ENOe
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`Moos.oG ©. EAabel
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`JaveT A.
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`SECEDE
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`State of Connecticut
`oo
`County ofFairfield
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`sg: Stamford
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`The foregoing instrument was acknowledged before me this 11" day ofJuly, 2006, by DORIS
`G. CASSIDAYas her free act and deed.
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`Grantees address:
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`69 Dogwood Lane
`Stamford, CT 06903
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`,
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`JANETa A; SEGERDELL.
`UYCOMMBBSIONEXPIRESSAN,31,2008
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`Book8633/Page332
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`Page 1 of 2
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`SCHEDULE A
`
`
`ALL that certain piece, pareel oy tract of land,
`with khe buildings thereon, altuated in the City of Stanford,
`Caunty of Fairfield and State of Connecticut, and known and
`designated as lot —55 on a certain map entitled, "Map No.
`2
`
`of Property Serveyed for long View Park, Ine., Stanford, Conn. *e
`which map is on fiie in the office of the Town Clerk of said
`
`City of Stamford ae map numbered 4058, reference thareto being,
`hereby had.
`.
`
`a
`SAID premises are bounded northerly 183,68 feet by Lot
`Wo,°56 on said map; easterly 75.05 feet by Lat No, §§
`on aakd *.
`
`map; southerly $9.47 £eet by Lot Ho. 53 on said map and 131.25
`feet by land now.or formerly of William A, Rosenfield at ur
`and westerly $4.20 feet hy Long Hill Drive.
`Together wlth a xight of way for all Lawful purposes over.
`and across allil af the streata, drivas, courts and higuways
`ag shows on said wap,
`
`ea
`SLES
`wale
`
`’ Said premises are conveyed subject to the following:
`1. Taxes ofthe City ofStamfordnextbecomingdue andpayable.
`> Zoning, planningandothergovernmental rulesandregulationsoftheCity9
`3. Priv be proparty ® emit LO yhe Connecticut power Company aated
`" Siamnford.
`& 49,
`1941 and recoxded on Angus’ 27, 1941
`a
`&
`atpage 64 of the Stamford qand Records.
`i
`b
`tne
`ie
`ex
`Di
`y
`re Wechs ex
`OQ
`h Connecti¢ at Bow
`Com an
`4, Grant from Minn
`. page 552
`dated dune L4, 1950 and yecorded in volume
`the Stamford Land Records .
`
`.
`
`sev
`
`of
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`.in Volume
`
`'
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`, 638 a
`
`at
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`Book8633/Page333
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`Page 2 of 2
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`EXHIBIT "D"
`EXHIBIT "D"
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`nal Jet
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`TUTBLANK naaerErco vu. @. PAT OFFICE
`TUTTLE CAVE PIEEY, PUBLISHERS, MUTANS YT 08TH
`
`
`aneOrt
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`,
`
`10¢86
`
`FORM 174A CONNECTICUT + WARRANTY DEED - SURVIVORSHIP
`—
`wd5Ami 226
`mthseset
`Know Ye, That We, BRUCE B. CASSIDAY and DORIS G. CASSIDAY, both
`of the City of Stamford, County of Fairfield and State of Connecticut,
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`for the consideration of FIFTY-TWO THOUSAND ($52,000.00) DOLLARS
`received to
`our
`full satisfaction of PETER SWAIN HIGLE and MARGARET MARKS
`HIGLE, both of 47 Long Hill prive in the said City of stamford,
`
`hereby had.
`
`give, grant, bargain,sell and confirm unto the said PETER SWAIN HIGLE and
`do
`MARGARET MARKS HIGLE,
`and unto the survivor of them, and unto such survivor’s heirs and assigns forever
`ALL that certain piece, parcel or tract of land,
`with the buildings thereon, situated in the City of Stamford,
`county of Fairfield and State of Connecticut, and known and
`designated as lot $55 on a certain map entitled,
`"Map No.
`of Property Surveyed for Long view Park, Inces Stamford, Conn."-
`which map is on file in the office of the Town Clerk of said
`City of Stamford as map numbered 4068, reference thereto being
`SAID premises are bounded northerly 183.68 feet by Lot
`No. 56 on said mapi easterly 75.05 feet by Lot No. 85 on said
`map; southerly 59.47 feet by Lot No. 53 on said map and 131.29
`feet by land now oF formerly of William A. Rosenfield et Ux?
`and westerly g4.20 feet by Long Hill Drive.
`Together with a right of way for all lawful purposes over
`and across all of the streets, drives, courts and highways
`Said premises are conveyed subject to:
`zoning and planning
`rules and regulations of the City of Stamford;
`taxes of the City
`of Stamford next becoming due and payable; and restrictive coven~
`ants and grants of record.
`57 :
`:
`“$b Conveyance Tax recelved
`Onda
`Town Clerk of Stemford®
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`as shown on said map.
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`

`ntnisie
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`
`>
`4
`,
`LEYTes
`f ee & CAAw elec
`Benge B. Cassiday ~ ey
`
`
`
`LATENPD yan Miner]~
`Doris
`@. CassidaY
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`Signed, Sealed and Delivered in presence of
`
`eee,
`
`
`
`
`LEE pf - Liceyf[0 * Anu : : Chaihe, _ for
`
`|
`W549 ie 227
`Co Haue and to Hold—the above granted and bargained premisés, with the
`appurtenances thereof, unto them the said grantees, and unto the survivor of them, and unto
`
`
`
`winaiisininichbeeinasccetossicemevnuinintmenmnhinne
`
`such survivor's heirs and assigns forever, to them and their own proper use and behoof.
`And alsa, we,
`the said grantors,
`do
`for ourselves, our
`heirs,
`executors, administrators, and ussigns, covenant with the said grantees and with the survivor
`of them, and with such survivor’s heirs and assigns, that at and until the ensealing of these
`presents
`weare
`well seized of the premises, as a good indefeasible
`estate in FEE SIMPLE; and have
`good right to bargain and:sell the same in manner
`and formas is above written; and that the sameis free from all incumbrances whatsoever,
`.
`exceptas hereinbefore mentioned.
`And Hfurthernie,
`bind ourselves
`and
`
`by these presents
`do
`the suid grantors,
`heirs, and assigns forever to
`
`we,
`our
`
`WARRANT AND DEFENDthe above granted and bargained premises to them the said
`
`grantees, and to the survivor of.them and to such survivor's heirs and assigns, against all
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`claims and demands whatsoever, except as hereinbefore mentioned.
`
`our
`have hereunto set
`we
`Inu Witness Wherent,
`
`
`hand and seal_this 16th day of JANUARY in the year of our Lord
`
`
`nineteen hundred and
`seventy-six.
`
`
`
`State of Connecticut,
`County of FAIRFIELD
`
`88.
`
`STAMFORD
`
`january 16, A.D. 1976
`
`Personally Appeared
`
`BRUCE B. CASSIDAY and DORIS G. CASSIDAY,
`
`Stgners and Sealers of the foregoing Instrument, and acknowledged the same to be their
`Sree act and deed
`
`before me.
`.
`
`Lbe I
`Get “iyer
`Paul D. Shapero
`
`REEPOR
`
`The land affected hereby lies in Block
`Map. Received for record
`Jane 16, 1976
`
`Commissioner of the Superior Court
`27
`of the Stamford Block
`at__12:06 P.M,
`and recorded by
`
`Lois PontBriant, City and Town Clerk
`
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`EXHIBIT "E"
`EXHIBIT "E"
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`{ARILY RUADEN ELSTUR RT
`
`INSTR # 2022015345
`VOL. Lso072 FG 249
`RECORDED 09/21/2022 OL:0r11 PM
`LYDA RULJTER
`RECORD AND RETURNTO:
`CITY & TOWN CLERK
`STANFORD CT
`John A. Cassone, Esq.
`WN CONVEYANCE TAX
`$27 100.00
`0ba| ape CONVEYANCE TAX $495090.00
`Crone & Cassone
`RB lock 3 aRess
`
`17 Hoyt Street
`Stamford, CT 06905
`
`KNOW ALL PERSONS BY THESE PRESENTS THAT:
`
`WARRANTY DEED
`
`We, JOHN R. HARVEY AND KARENC. HARVEY,both of Saratoga Springs, NY
`(the "Grantors"), for the consideration of Six Hundred Thousand and No/100 ($600,000.00)
`Dollars received to our full satisfaction of MICHAEL LIONETTI, of Stamford, CT (the
`"Grantee"), do give, grant, bargain, sell, and confirm unto the Grantee, his heirs and assigns
`forever,
`
`All that certain piece, parcel or tract of land, with the buildings and improvements
`thereon, more particularly described in the Schedule A attached hereto and made a part hereof.
`
`TO HAVE ANDTO HOLDtheabove granted and bargained premises unto the Grantee,
`his heirs and assigns forever, to and their own properuse and behoof.
`
`AND ALSO, we,the said Grantors, do for ourselves, our heirs and assigns, covenant with
`the Grantee, his heirs and assigns, that at and until the ensealing of these presents, we are well
`seized of the premises as a good indefeasible estate in fee simple and have goodright to bargain
`and sell the same in mannerand form asis above written, and that the samearefree from all
`encumbrances whatsoever, except as hereinbefore mentioned.
`
`AND FURTHERMORE,we,the said Grantors, do by these presents bind ourselves and
`our heirs and assigns to WARRANT AND DEFENDtheabovegranted and bargained premises
`to the Grantee, his heirs and assigns, against all claims and demands whatsoever, except as
`hereinbefore mentioned.
`
`Book13072/Page249
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`Page 1 of 3
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`IN WITNESS WHEREOF,we,the Grantors, have hereunto set our handsthis (Zs,
`
`of September, 2022. Witnessed By:
`
`ss.
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF SARATOGA
`
`)
`
`The foregoing instrumentwas severally acknowledgedbefore me tisl 2h...
`
`September, 2022 by JOHN R. HARVEY AN
`
`AmberJ. Nieves
`Notary Public- State of New York
`01NI6305150
`Qualified in Warren County
`My Commission Exp. 06/02/2026
`
`Book13072/Page250
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`Page 2 of 3
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`SCHEDULE A
`
`All that certain piece, parcel, or tract of land, with the buildings thereon,situated in the City of
`Stamford, County of Fairfield, and State of Connecticut, known, and designated as Lot #55 on
`a certain map entitled, “Map No. 2 of Property Surveyed for Long View Park, Inc., Stamford,
`Conn.”, which mapis on file in the Office of the Town Clerk of said City of Stamford as Map
`numbered 4068, reference thereto being hereby had.
`
`Said premises are bounded northerly 183.68 feet by Lot No. 56 on said map; easterly 75.05
`feet by Lot No. 85 on said map; southerly 59.47 feet by Lot No. 53 on said map,and 131.25
`feet by land now or formerly of William A. Rosenfield et ux, and westerly 84.20 feet by Long
`Hill Drive.
`
`Together with a Right of Wayfor all lawful purposes over andacrossall of the streets, drives,
`courts, and highwaysas shownonsaid map.
`
`Said Premises are to be conveyed subject to the following:
`
`1. Real Estate Taxes as next due and payable.
`
`2. Any andall provisions of any municipal regulation or ordinance, and any Federal,
`state or local public or private laws, with special reference to the provisions of any
`zoning rules and regulations governing the subject premises.
`
`3. Any assessments or pending assessments for whicha lien or liens have notas yet
`been filed or recorded in the Town Clerk’s Office.
`
`4. Private Property Permit to The Connecticut Light and Power Company dated August 19,
`1941 and recorded on August 27, 1941 in Volume 511 at Page 64 of the Stamford Land
`Records.
`
`5. Grant from Minnie Wechsler to The Connecticut Light and Power Company dated June
`14, 1950 and recorded in Volume 638 at Page 252 of the Stamford Land Records
`
`Book13072/Page251
`
`Page 3 of 3
`
`

`

`
`
`
`
`
`
`
`
`EXHIBIT "F™
`EXHIBIT "F"
`
`

`

`|
`
`Rec # 20230227
`
`IN
`
` mi
`
`
`
`Lyda Ruijter, City & Town Clerk
`
`John A. Cassone, Esq.
`Crone & Cassone
`196 North Street
`Stamford, CT 06901
`
`Quit Claim Deed. Survivorship
`
`Block 2 2d
`
`Bk: 13153aad: 178
`caziatesYee10:25:15AM
`WABCANTY
`Block: 377
`toca ose
`
`To all People to Whom these Presents shall Come, Greeting:
`
`Know Ye, That MICHAEL LIONETTIof 25 Cross Road, Stamford, Connecticut
`06905, for the consideration of Eight Hundred Ten Thousand and 00/100 ($810,000.00)
`Dollars and other good and valuable consideration receivedto his full satisfaction of
`MITCHELL JORDANand VINCENZO DiPRIMOboth of 289 Clinton Avenue 1, Brooklyn,
`New York 11205, does remise, release and forever QUIT-CLAIM unto the said MITCHELL
`JORDAN and VINCENZO DiPRIMOandto the survivor of them, andtheir heirs and assign
`of such survivorforever, all right, title, claim, interest and demand whatsoeveras the said
`Grantor has or ought to havein orto all that certain parcel of land, located in the City of
`Stamford, County of Fairfield and State of Connecticut, commonly known 69 Dogwood Lane,
`Stamford, Connecticut 06903, and more particularly described as follows:
`
`SEE ATTACHED SCHEDULE A
`
`To Haveand to Hold the premises, with all the appurtenances, unto the said Grantees,
`and unto the survivor of them, and such survivor’s heirs and assigns forever.
`
`In Witness Whereof, I have hereunto set our hands and seals this 93
`
`A
`
`day of March 2023.
`-
`
` nd Delivered in presence of Cassone
`
`MICHAEL LIONETTI
`
`
`ke,
`
`Beck
`
`Pinocchio
`
`
`
`
`BK: 13153 PG: 178
`
`

`

`State of Connecticut, County of Fairfield
`
`ss.: Stamford
`
`Personally appeared MICHAEL LIONETTI,signer and sealer of the foregoing instrument and
`acknowledged that the sameto be his free act and
`géeéd and the free act and deed ofsaid
`
`company before me.
`
`Commissionerof the Superior Court
`
`
`BK: 13153 PG: 179
`
`

`

`Schedule A
`
`69 Dogwood Lane, Stamford, Connecticut 06903
`
`
`
`BK: 13153 PG: 180
`
`

`

`
`
`
`
`
`
`
`
`EXHIBIT "G
`EXHIBIT "G"
`
`

`

`After Recording Return To:
`INDECOMM GLOBAL SERVICES
`
`Rec # 2023022762
`
`MS-FD-FW-9909, 1427 ENERGY PARKDR.
`ST. PAUL, MN 55108
`
`Lyda Ruijter, City & Town Clerk
`
`Bk: 13153 Pq: 181
`OeSooaoe16 AM
`28 Pages
`MORTGAGE
`Block: 377
`
`Prepared By:
`DENNIS P. SCHWARTZ, ATTORNEY
`SCHWARTZ MANENTE, PLLC
`1446 HERITAGE DRIVE
`MCKINNEY, TEXAS 75069
`100392411212579596
`MIN:
`972-562-1966
`
`[Space Above This Line For Recording Data]
`
`ALL OR PART OF THE PURCHASE PRICE OF THE PROPERTY IS PAID FOR WITH THE
`MONEY LOANED.
`
`PURCHASE MONEY
`OPEN-END MORTGAGE DEED
`
`DEFINITIONS
`Words used in multiple sections of this document are defined below and other words are defined under the
`caption TRANSFER OF RIGHTS IN THE PROPERTYandin Sections 3, 4, 10, If, 12, 16, 19, 24, and
`25. Certain rules regarding the usage of words used in this document are also provided in Section 17.
`
`Parties
`(A) “Borrower”is
`MITCHELL JORDAN AND VINCENZO DIPRIMO
`
`currently residing at
`289 CLINTON AVENUE APARTMENT 1, BROOKLYN, NEW YORK 11205
`
`Borrower is the mortgagor under this Security Instrument.
`
`“Lender”is
`(B)
`FAIRWAY INDEPENDENT MORTGAGE CORPORATION
`
`Lender is a CORPORATION
`existing under the laws of THE STATE OF TEXAS
`4201 MARSH LANE, CARROLLTON, TX 75007
`
`
`organized and
`. Lender's address is
`.
`
`2750510016
`CONNECTICUT- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3007=07/2021
`
`FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
`Page 1 of 21
`
`ci
`
`
`
`
`
`
`
`
`
`
`BK: 13153 PG: 181
`
`

`

`The term "Lender" includes any successors and assigns of Lender.
`
`"MERS”is Mortgage Electronic Registration Systems, Inc. MERSis a separate corporation that is
`(C)
`acting solely as a nominee for Lender and Lender's successors and assigns. MERSis the mortgagee
`under this Security Instrument. MERSis organized and existing under the laws of Delaware, and has an
`address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
`
`Documents
`, and signed by each
`(D) “Note” meansthe promissory note dated MARCH 24, 2023
`Borrower whois legally obligated for the debt under that promissory note, that is in either (i) paper form,
`using Borrower's written pen and ink signature, or (ii) electronic form, using Borrower's adopted
`Electronic Signature in accordance with the UETA or E-SIGN, as applicable. The Note evidences the
`legal obligation of each Borrower who signed the Note to pay Lender
`SEVEN HUNDRED TWENTY NINE THOUSAND & NO/100
`
`) plus interest. Each Borrower who signed the Note has
`Dollars (U.S. $729,000.00
`promised to pay this debt
`in regular monthly payments and to pay the debt
`in ful) not Jater than
`APRIL 01, 2053
`
`“Riders” meansall Riders to this Security Instrument that are signed by Borrower. All such Riders
`(E)
`are incorporated into and deemedto be a part of this Security Instrument. The following Riders are to be
`signed by Borrower[check box as applicable]:
`L_] Adjustable Rate Rider [_] Condominium Rider
`1-4 Family Rider
`Planned Unit Development Rider
`Second HomeRider
`VA Rider
`Other(s) [specify] FIXED/ADJUSTABLE RATE RIDER
`
`“Security Instrument” means this document, which is dated MARCH 24, 2023
`(F)
`together with all Riders to this document.
`
`;
`
`Additional Definitions
`(G) “Applicable Law" meansall controlling applicable federal, state, and local statutes, regulations,
`ordinances, and administrative rules and orders (that have the effect of law) as well as all applicable final,
`non-appealable judicial opinions.
`
`(H) “Community Association Dues, Fees, and Assessments” meansall dues, fees, assessments,
`and other charges that are imposed on Borrower or
`the Property by a condominium association,
`homeownersassociation, or similar organization.
`
`"Default" means: (i) the failure to pay any Periodic Payment or any other amount secured by this
`(!)
`Security Instrument on the date it
`is due;
`(ii) a breach of any representation, warranty, covenant,
`obligation, or agreement in this Security Instrument; (iii) any materially false, misleading, or inaccurate
`information or statement to Lender provided by Borroweror any persons or entities acting at Borrower's
`direction or with Borrower's knowledge or consent, or failure to provide Lender with material information
`in connection with the Loan, as described in Section 8; or (iv) any action or proceeding described in
`Section {2(e).
`
`
`
`CONNECTICUT- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
`FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
`
`
`
`
`
` HN
`
`
`
`
`
` tl | MMIA
`
`2750510016
`Form 3007
`07/2021
`Page 2 of 21
`
`
`BK: 13153 PG: 182
`
`

`

`“Electronic Fund Transfer" means any transfer of funds, other than a transaction originated by
`(J)
`check, draft, or similar paper instrument, which is initiated through an electronic terminal,
`telephonic
`instrument, computer, or magnetic tape so as to order, instruct, or authorize a financialinstitution to debit
`or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
`machinetransactions, transfers initiated by telephone or other electronic device capable of communicating
`with such financial institution, wire transfers, and automated clearinghousetransfers.
`
`(K) “Electronic Signature" means an “Electronic Signature" as defined in the UETA or E-SIGN, as
`applicable.
`
`"E-SIGN” meansthe Electronic Signatures in Global and National Commerce Act (15 U.S.C.§ 7001
`(L)
`et seqg.), as it may be amended from time to time, or any applicable additional or successorlegislation that
`governs the same subject matter.
`
`(M) "Escrow Items” means: (i) taxes and assessments and other items that can attain priority over this
`Security Instrument as a lien or encumbrance on the Property; (ii) leasehold payments or ground rents on
`the Property, if any; (iii) premiums for any and all
`insurance required by Lender under Section 5; (iv)
`Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lenderin lieu of the payment
`of Mortgage Insurance premiums in accordance with the provisions of Section 11; and (v) Community
`Association Dues, Fees, and Assessments if Lender requires that they be escrowed beginning at Loan
`closing or at any time during the Loan term.
`
`(N) “Loan” means the debt obligation evidenced by the Note, plus interest, any prepayment charges,
`costs, expenses, and late charges due under the Note, and all sums due under this Security Instrument, plus
`interest.
`
`to receive Borrower's Periodic
`(O) “Loan Servicer" means the entity that has the contractual right
`Payments and any other payments made by Borrower, and administers the Loan on behalf of Lender. Loan
`Servicer does not include a sub-servicer, which is an entity that may service the Loan on behalf of the Loan
`Servicer.
`
`"Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
`(P)
`paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:
`(i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
`Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
`value and/or condition of the Property.
`
`(Q) "Mortgage Insurance" meansinsurance protecting Lender against the nonpayment of, or Default
`on, the Loan.
`
`(R)} “Partial Payment" means any payment by Borrower, other than a voluntary prepayment permitted
`under the Note, whichis less than a full outstanding Periodic Payment.
`
`(S) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under
`the Note, plus (ii) any amounts under Section 3.
`
`(T) “Property” means the property described below under the heading "TRANSFER OF RIGHTSIN
`THE PROPERTY."
`
`(U) “Rents” means all amounts received by or due Borrower in connection with the lease, use, and/or
`occupancy of the Property by a party other than Borrower.
`
`
`
`CONNECTICUT- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
`FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
`
`ANCA
`
`
`
`
`
`
`
`
`
`2750510016
`Form 3007
`07/2021
`Page 3 of 21
`
`
`BK: 13153 PG: 183
`
`

`

`“RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seg.) and its
`(V)
`implementing regulation, Regulation X (12 C.F.R. Part 1024), as they may be amendedfrom timeto time,
`or any additional or successor federal legislation or regulation that governs the same subject matter. When
`used in this Security Instrument, "RESPA"refers to all requirements and restrictions that would apply to a
`"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
`under RESPA.
`
`(W) “Successorin interest of Borrower" meansany party that has taken title to the Property, whether
`or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
`
`"UETA"™means the Uniform Electronic Transactions Act, as enacted by the jurisdiction in which the
`(X)
`Property is located, as it may be amended from time to time, or any applicable additional or successor
`legislation that governs the same subject matter.
`
`TRANSFER OF RIGHTS IN THE PROPERTY
`
`This Security Instrument secures to Lender(i) the repayment of the Loan, and all renewals, extensions, and
`modifications on the Note, and (ii) the performance of Borrower's covenants and agreements underthis
`Security Instrument and the Note. For this purpose, Borrower in consideration of this debt grants and
`conveys to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the
`successors and assigns of MERS, the following described property located in the County of
`FAIRFIELD
`:
`
`SEE LEGAL DESCRIPTION ATTACHED HERETO BY EXHIBIT AND MADE A PART HEREOF
`FOR ALL PURPOSES.
`
`which currently has the address of 69 DOGWOOD LN
`
`STAMFORD
`
`[City]
`
`[Street]
`, Connecticut 06903
`[Zip Code]
`
`("Property Address");
`
`TO HAVE AND TO HOLD this property unto MERS(solely as nominee for Lender and Lender's
`successors and assigns) and to the successors and assigns of MERS,
`forever,
`together with all
`the
`improvements now or subsequently erected on the property,
`including replacements and additions to the
`improvements on such property, all property rights,
`including, without
`limitation,
`all easem*nts,
`appurtenances, royalties, mineral rights, oil or gas rights or profits, water rights, and fixtures now or
`subsequently a part of the property. All of the foregoing is referred to in this Security Instrument as the
`"Property." Borrower understands and agrees that MERSholds only legal title to the interests granted by
`Borrowerin this Security Instrument, but, if necessary to comply with law or custom, MERS(as nominee
`
`CONNECTICUT- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
`FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
`
`
`
` VU A |
`
` | lk l
`
`
`2750510016
`Form 3007
`07/2021
`Page 4 of 21
`
`
`BK: 13153 PG: 184
`
`

`

`to exercise any or all of those interests,
`for Lender and Lender's successors and assigns) has the right:
`including, but not limited to, the right to foreclose and sell the Property; and to take any action required of
`Lender including, but not limited to, releasing and canceling this Security Instrument.
`
`BORROWER REPRESENTS, WARRANTS, COVENANTS, AND AGREESthat: (i) Borrower
`lawfully owns and possesses the Property conveyed in this Security Instrument in fee simple or lawfully
`has the right to use and occupy the Property under a leasehold estate; (ii) Borrower has the right to
`mortgage, grant, and convey the Property or Borrower's leasehold interest in the Property; and (iii) the
`Property is unencumbered, and not subject to any other ownership interest in the Property, except for
`encumbrances and ownership interests of record. Borrower warrants generally the title to the Property and
`covenants and agrees to defend the title to the Property against all claims and demands, subject to any
`encumbrances and ownership interests of record as of Loan closing.
`
`THIS SECURITY INSTRUMENT combines uniform covenants for national use with limited
`variations and non-uniform covenants that reflect specific Connecticut state requirements to constitute a
`uniform security instrument covering real property.
`
`UNIFORM COVENANTS. Borrower and Lender covenant and agreeas follows:
`
`1. Paymentof Principal, Interest, Escrow Items, Prepayment Charges, and

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JORDAN, MITCHELL Et Al v. CASSIDAY, BRYAN, EXECUTOR OF THE ESTATE OF DORIS G Et Al, FST-CV24-6064412-S, 102.00 (Conn. Super. Ct. Jan. 9, 2024) (2024)
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