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63. Stephenson and WPLLC, as Grantor, expressly represented in Paragraph 6 <br /> of the Conservation Easement "that there are no unrecorded interests in the easement <br /> premises." <br /> 64. The Purchase Agreement was an unrecorded interest in the Property <br /> existing at the time the Conservation Easement was signed and recorded. <br /> 65. Orono knew and/or had reason to know of the existing Purchase Agreement <br /> and was informed of the actual sale of the Property by Gherardi, including in a March 20, <br /> 2013 email from Gherardi to Mike Gaffron, Assistant City Administrator, stating, "We <br /> have sold the home at 4550 Wolverton Place and will need to begin the subdivision <br /> process." <br /> 66. The Conservation Easement has the effect of prohibiting the Wilcoxes from <br /> completing their planned improvements to the Property. <br /> 67. As discussed supra, the Conservation Easement was planned over many <br /> months and was well-known to Stephenson, WPLLC, Gherardi, Berg, and Coldwell. <br /> 68. Despite their efforts to secure subdivision of the Property, and their <br /> knowledge that the Conservation Easement would be imposed as part of such <br /> subdivision, Stephenson, WPLLC, Gherardi, Berg, and Coldwell failed to disclose their <br /> plans to create, execute, and record the Conservation Easement to Plaintiffs at any time <br /> prior to the closing on the Property on April 10, 2013. <br /> 69. Stephenson, WPLLC, Gherardi, Berg, and Coldwell led Plaintiffs to believe <br /> they would receive full use of the Property. <br /> 12 <br />