NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 100 Autumn Drive North Adams, Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by Amanda A. Hart to Legacy Banks, said mortgage dated October 22, 2010, and recorded in the Berkshire County (Northern District) Registry of Deeds, in Book 1424 at Page 1055 and now held by Berkshire Bank successor by merger to Legacy Banks for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on October 27, 2021 at 1:00 PM Local Time upon the premises all and singular the premises described in said mortgage, to wit: Beginning at a point on the easterly side of Autumn Drive, at the northwest corner of Lot 26 as shown a plan hereinafter referred to; thence S 74 53' 02" E along the northerly line of said Lot 26 to a point; thence N 0 15' 14" W, 94 feet to a point; thence N 74 53' 02" W, 148.93 feet to a point in the easterly line of Autumn Drive; thence in a generally southerly direction 93.73 feet along the easterly line of said Autumn Drive to the point or place of beginning. Meaning and intending to convey and hereby conveying Lot 27 on a plan entitled, "Definitive Plan of Autumn Heights proposed subdivision owned by Hayden & Jarck Realty Co. in North Adams, Mass., Scale 1" = 60', Sept. 18, 1961, surveyed by Genesio Breda and Wallace Konopka", which Plan is on file at the Northern Berkshire Registry of Deeds at Adams, Massachusetts, in Map Book 240F, Page 104. Granting also as appurtenant to the above described premises a right of way and easement over and across all of the ways set forth on said plan for the purpose of ingress and egress and for the purposes of transmitting water, gas, electricity, and other utilities to the above described premises. Said right of way and easements are to be used in common with others. The above described premises are conveyed subject to those water pipe line easements referred to in a deed of Leon A. Hall to Francis H. Hayden, et als, dated July 26, 1961, and recorded in said Registry of Deeds in Book 562, Page 96, to the extent, if at all, that they affect the premises hereby conveyed. Subject to the following restrictions: The purpose of these restrictions hereinafter set forth is to insure the use of the lots herein conveyed and all other lots set forth on the plan above referred to for attractive residence purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property and thereby to secure to each lot owner full benefit and enjoyment of his home with no greater restrictions upon free and undisturbed use of his land than is necessary to insure the same advantages to other lot owners. Said conditions and restrictions shall endure forever or so long as the law permit and forever binding upon the grantees, their heirs, executors, administrators and assigns and will impose upon each lot in said plan as an obligation or charge against said lot for the benefit of the grantees therein named and for the benefit of each and every other lot delineated on said plan. 1. The premises herein conveyed shall be used for single residence purposes only and no such residence shall be erected thereon at a cost of less than fifteen thousand (15,000) dollars; no more than one such residence shall be erected on any one lot with a garage appurtenant thereto. Said garage shall not be larger than a two-car garage. 2. There shall not at any time be erected or placed upon said lot any other buildings excepting temporary sheds or work shops for use in connection with the erection of permanent buildings in course of construction. There shall not be kept on said premises poultry, farm animals, or other animals of whatever nature excepting domestic pets, and such domestic pets shall not be kept on said premises for commercial purposes. 3. When a new sewer line is laid in any street on which property herein conveyed abuts, the owner thereof shall establish connection of such sewer system without delay and thereafter make use of the same to the exclusion of all latrines, cesspools and septic tanks. 4. No house shall be moved from a point without said tract to a point within the same without a special written permit from Francis E. Hayden, George Jarck and Carolyn M. Jarck, as Trustees of the Hayden & Jarck Realty Co., their heirs, executors, administrators or assigns, which may but might not be granted at the discretion of the aforesaid if it shall be shown that the cost and reasonable value of such house when placed will comply with all restrictions applicable to the lot whereon the said house is to be placed. Meaning and intending to describe and convey and hereby conveying, in mortgage, the same premises conveyed to the mortgagor herein by deed of Lawrence V. Gould and Laurie Austin, dated October 11, 2010 and recorded in said Registry in Book 1424, Page 1049. The mortgagor expressly reserves her right of Homestead as declared by her in title deed dated October 11, 2010 and recorded in said Registry in Book 1424, Page 1049 except with respect to the mortgagee herein, its successors and assigns; the mortgagor is not terminating her Homestead by granting the within conveyance notwithstanding her waiver of the homestead rights in paragraph 24 of the within mortgage. The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication. For Mortgagors' Title see deed dated October 11, 2021, and recorded in Book 1424 at Page 1049 with the Berkshire County (Northern District) Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. Other terms to be announced at the sale. BENDETT & MCHUGH, PC 270 Farmington Avenue Farmington, CT 06032 Attorney for Berkshire Bank successor by merger to Legacy Bank Present Holder of the Mortgage (860) 677-2868 AD# 60841 10/05/2021, 10/12/2021 10/19/2021
Oct 05, 2021 (Expired).
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