MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by RICHARD J. BARNES to GREYLOCK FEDERAL CREDIT UNION, dated May 27, 2009, and recorded on June 1, 2009, with the Berkshire Middle District Registry of Deeds in Book 4312, Page 129, which Mortgage was modified by Modification Agreement dated January 26, 2011, and recorded in said Registry of Deeds on February 7, 2011, in Book 4710, Page 327, and again by Modification Agreement dated May 16, 2011, and recorded in said Registry of Deeds on June 1, 2011, in Book 4760, Page 267, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 10:00 a.m. on the Twenty-Third (23rd) day of June, 2022, at the mortgaged premises described below, to wit, 224-226 Linden Street, Pittsfield, Massachusetts, all and singular, the premises in said Pittsfield, Berkshire County, Massachusetts, described in said Mortgage, to wit: Beginning at a point in the northerly side line of Linden Street, so-called, which point is further defined as being two hundred fifty-four (254) feet easterly measured along the northerly side of line of said Linden Street from a stone monument set at the intersection of the easterly side line of Onota Street, so-called, and the northerly side line of said Linden Street; thence making an interior angle with the northerly side line of said Linden Street; thence making an interior angle with the northerly side line of said Linden Street of eighty-seven (87) degrees, ten (10) minutes along land now or formerly of Joanna M. Fallon forty-nine and seventy-one one-hundredths (49.71) feet to a point now marked by a stone bound; thence northerly making an interior angle with the last above mentioned line of one hundred sixty-one (161) fifty-nine and seventy-one one-hundredths (59.71) feet to a point marked by a stone bound; thence westerly making an interior angle with the last above mentioned line of ninety-eight (98) degrees nine (9) minutes thirty (30) seconds along land of said Fallon to a point now marked by a stone bound in the easterly line of land now or formerly of James Dunn; thence southerly making an interior angle with the last above-mentioned line of eighty-five (85) degrees thirty-seven (37) minutes thirty (30) seconds along the easterly line of said Dunn land ninety-five and forty-eight hundredths (95.48) feet to the northerly side line of said Linden Street. This last mentioned line passes through the center of a stone bound set fourteen hundredths (.14) of a foot northerly of the said northerly side line of said Linden Street; thence easterly along the northerly side line of said Linden Street making an interior angle with the last above mentioned line of one hundred seven (107) degrees thirty-three (33) minutes fifty six and eighteen hundredths (56.18) feet to the place of beginning now marked by a stone bound. Together with the right, title and interest in and to the fee of said Linden Street adjacent and abutting the above-described real estate to the center line thereof, SUBJECT to the right of the public herein. Being the same premises conveyed to the mortgagor herein by deed of Gregory E. Race dated October 27, 2003, and recorded with the Berkshire Middle District Registry of Deeds in Book 2761, Page 149&c. The mortgagor, Richard J. Barnes, expressly reserves his right of Homestead and does not wish to terminate his Homestead by granting the within conveyance notwithstanding his waiver of such Homestead in Paragraph 24 of the within mortgage. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. 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: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash or by certified check or bank cashier's check by the purchaser at the time and place of sale. The balance is to be paid in cash or by certified or bank cashier's check and the deed shall be delivered within twenty-one (21) days after the public auction at the offices of HASHIM & SPINOLA, 82 Wendell Avenue, Pittsfield, Massachusetts. The purchaser will be responsible for all the closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum containing the terms of this sale. In the event the successful bidder shall default in purchasing the within described premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with the Mortgagee's attorneys, HASHIM & SPINOLA, the amount of the required deposit as set forth herein within three (3) business days after written Notice of Default of the previous highest bidder, and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice. This sale may be postponed or adjourned from time to time, if necessary, by the attorney 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. Other terms, if any, to be announced at the time and place of sale. GREYLOCK FEDERAL CREDIT UNION, Holder of Said Mortgage Date: May 20, 2022 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA01201 (413) 499-1304 AUCTIONEER: MARCELLA ASSOCIATES LICENSE NO. 1687 44 Lake Street Dalton, MA 01226 05/31/22, 06/07/22, 06/14/22 Ad# 65881, 66030 05/31/2022,06/07/2022 06/14/2022
May 31, 2022 (Expired).
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