Ads for Mortgagee's Sale of Real Estate (Oct 15, 2021) in Hartford, CT

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Statutory Power of Sale referenced in a certain mortgage given by Cheeseboy, LLC to Berkshire Bank dated and recorded November 27, 2013 with the Berkshire Southern District Registry of Deeds in Book 2229, Page 132, the undersigned being the present holder by assignment of said mortgage (assignment recorded Book 2437 Page 68), for breach of the conditions contained in said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 11:00 am on the 15th day of October, 2021, upon the mortgage premises known as 264 Main Street (Unit A), Great Barrington, Massachusetts, being all and singular the premises described in said mortgage, to wit: The unit known as Unit A (the "Unit") of the Courier Building Condominium, created by Master Deed dated July 28, 2006, and recorded with the Berkshire Southern District Registry of Deeds in Book 1712, Page 210, as such Master Deed has been amended and restated by Amended and Restated Master Deed of Courier Building Condominium dated October 25, 2006, and recorded with such Registry of Deeds herewith in Book 1712, Page 210, (the "Condominium") as shown on a plan entitled "Condominium Site Plan Prepared for Courier Building Condominium, Great Barrington, Massachusetts" dated February, 2006, and recorded with such Registry of Deeds in Plat File D-Condo No. D-2, as such plan has been amended as shown on a plan entitled "Amended Condominium Site Plan Prepared for Courier Building Condominium" dated October, 2006, and recorded with such Registry of Deeds herewith in Plat File D-Condo No.2 the ("Site Plan"). Unit A is shown on the Site Plan and on a floor plan (the "Floor Plan") recorded with the Master Deed, as amended as aforesaid, together with an undivided forty percent (40%) interest in the common areas and facilities of the Condominium (as the common areas and facilities are defined in and described in the Master Deed, as amended as aforesaid) attributable to and appurtenant to Unit A. Unit A is to be used for either residential or commercial purposes, but only for such uses as may be permitted to be made of Unit A pursuant to the Master Deed. Unit A is conveyed with the benefit of, and also subject to the provisions of Massachusetts General Laws, Chapter 183A, concerning condominiums, as that statute exists as of the date hereof, the Master Deed, as amended, and the Declaration of Trust of the Courier Building Condominium Trust, dated July 28, 2006 recorded with such Registry of Deeds in Book 1712, Page 172, as such Declaration of Trust has been amended and restated by Amended and Restated Declaration of Trust dated October 25, 2006, and recorded herewith in such Registry of Deeds in Book 1712, Page 172 (the "Declaration of Trust"), and the by-laws of such Condominium Trust and any rules and regulations promulgated pursuant thereto, as well as all matters of record, including, without limitation, matters of record set forth in the Master Deed of the Declaration of Trust. Being the same premises being conveyed by Deed of Margaret Brownell to Cheeseboy, LLC by Deed recorded October 27, 2006 in the Southern Berkshire Registry of Deeds in Book 1732 Page 45. Said Premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior, liens or other enforceable encumbrances or instruments of record entitled to precedence over said mortgage, and subject to, and with the benefit of, all easements, restrictions, reservations and conditions of record having precedence over the Mortgage and subject to all leases, tenancies and/or rights of parties in possession, including rights or claims in personal property installed by tenants or former tenants now located on the subject premises and the right of redemption, if any, to the Internal Revenue Service. Said premises to be sold at the sale "AS IS WHERE IS." It shall be the bidder's sole responsibility to ascertain all items described in this paragraph and no representations are made concerning compliance with applicable zoning, building, sanitary or other state and/or municipal laws, ordinances or regulations. TERMS OF SALE: THIRTY THOUSAND and 00/100 ($30,000.00) DOLLARS in cash, certified or bank check to be paid by the purchaser at the time and place of sale. The successful bidder shall be required to increase the deposit to a full ten (10%) of the purchase price within five (5) business days of the public auction and the balance of the purchase price shall be paid in cash, certified or bank check and the foreclosure deed shall be delivered and accepted within thirty (30) days after the public auction at the offices of Halloran & Sage LLP, 225 Asylum Street Hartford, CT 06103. The successful bidder of the Premises will be responsible for all closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum of Sale containing the terms of sale at the time and place of the public auction. The successful bidder of the Premises shall be subject to a 5% buyer premium. This mortgagee's sale of real estate may be postponed or adjourned from time to time, if necessary, by the attorney or auctioneer for the mortgagee at the scheduled time and place of sale. The description for the premises contained in said Mortgage shall control in the event of a typographical error in this publication. In the event that the successful bidder at the foreclosure sale fails to purchase the described Premises according to the terms of this notice of sale or as provided for in the Memorandum of Sale executed at the time of foreclosure, the mortgagee reserves the right to sell the Premises by foreclosure deed to the next highest bidder provided that the next highest bidder shall deposit with the mortgagee's attorney, said Halloran & Sage LLP, the amount of the required deposit and execute an agreement similar to said Memorandum of Sale, within three (3) business days after written notice of default of the previous highest bidder. Title shall be conveyed to the next highest bidder within twenty (20) days of said written notice. OTHER TERMS, IF ANY, TO BE ANNOUNCED AT THE TIME AND PLACE OF SALE. DCR Mortgage 7 Sub 1, LLC Present Holder of Said Mortgage By Will Hough, Vice President Attorneys for DCR Mortgage 7 Sub 1, LLC Oscar L. Suarez, Esq. Halloran & Sage LLP 225 Asylum Street Hartford, CT 06103 AD#s 60251, 60252 09/17/2021, 09/24/2021 10/01/2021