Ads for Donovan O'Connor & Dodig, LLP in the Berkshires

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the power of sale contained in a certain mortgage given by Mark F. Champagne to Adams Community Bank, dated November 12, 2009, and recorded in the Northern Berkshire County Registry of Deeds in Book 1391, Page 720, for breach of the conditions of said mortgage and for the purpose of foreclosing the same, there will be sold at public auction at 11:30 a.m. on the 13th day of May, 2022, on the mortgaged premises below described, situate at 16 Fairgrounds Avenue, North Adams, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, to wit: PARCEL NO. 1: The land on said Fairgrounds Avenue in North Adams, beginning at an iron pipe in the easterly line of said Fairgrounds Avenue at the northwest corner of Lot No. 2; thence northerly along the easterly line of Fairgrounds Avenue, 67.0 feet; thence easterly on a line parallel with West Main Street, 111.48 feet; thence southerly on land of Peter J. Fierro, 66.61 feet; thence westerly on line of Lot No. 2, 101.74 feet to the point of beginning. Being Lot No. 3 as shown on Plan of Land of James Genovese, North Adams, Massachusetts, June 10, 1946, which plan is recorded in the Northern Berkshire Registry of Deeds in Book 240C, Page 10. PARCEL NO. 2: The land situate in said North Adams on the easterly side of Fairgrounds Avenue, bounded and described as follows: The same premises described in deed of Edward W. Pilot, Sr. and Virginia Pilot to William T. Gomeau and Joan Gomeau dated November 18, 1959 and recorded with said Registry of Deeds in Book 547, Page 171. SUBJECT TO the right of way and easements as set out in said deed. Said premises will be sold and conveyed subject to all unpaid taxes, tax titles, municipal liens and assessments, if any. Said premises will also be sold and conveyed subject to prior liens or other enforceable encumbrances of record entitled to priority over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record, if any there be, insofar as such are in force and applicable. Said premises will also be sold subject to occupation by persons on the premises now or at the time of said auction, which occupation is subject to said mortgage, and also will be sold subject to all laws and ordinances, including, but not limited to, all building and zoning laws and ordinances. 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 regulations. TERMS OF SALE: Five Thousand Dollars ($5,000) will be required to be paid in cash or by certified or bank cashier's check by the purchaser at the time and place of sale as earnest money (the mortgage holder and its designee s are exempt from this requirement). The balance of the purchase price shall be paid in cash or by certified or bank cashier's check, and the deed shall be delivered at the closing, which shall be held at the office of Donovan O'Connor & Dodig, LLP, 1330 Mass MoCA Way, North Adams, Massachusetts, within 30 days after the foreclosure sale, unless same is on Saturday, Sunday or legal holiday in which event the closing shall be on the next business day, and unless the mortgage holder otherwise agrees, time being of the essence. This sale may be postponed or adjourned from time to time if necessary, by an attorney for the mortgagee at the scheduled time and place of the sale. The description for the premises, as such is contained and set forth in the mortgage, shall control in the event of a typographical error in this publication. The successful bidder shall be required to sign a Memorandum of Sale at the auction sale. 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 said second highest bidder shall deposit with the mortgagee's attorney, said Donovan O'Connor & Dodig, 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 said second highest bidder within twenty (20) days of said written notice. If the second highest bidder declines to purchase the mortgaged premises, the mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. Other terms, if any, to be announced at the time and place of the sale. ADAMS COMMUNITY BANK By /s/ Timothy R Burdick Timothy R. Burdick its Vice President Present holder of said mortgage From the Offices of: Stephen N. Pagnotta, Esq. For Donovan O'Connor & Dodig, LLP 1330 Mass MoCA Way North Adams, MA 01247 Tel: (413) 663-3200 Fred S. Hobart, Mass. Auctioneer License No. 393 Ad# 64955 04/29/2022,04/22/2022,05/06/2022