Ads for Hunter, Graziano & DiSantis, P.C. in Lee, MA

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by John R. Flynn to Lee Bank dated November 12, 2004 and recorded November 15, 2004 in the Berkshire Middle District Registry of Deeds in Book 3095, Page 31, which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 a.m. on the 29th day of June, 2022, on the premises situated at 384 Pittsfield Road, Lenox, Massachusetts, all and singular the premises described in said mortgage, bounded and described as follows: PARCEL 1: Beginning at an iron pipe standing in the easterly line of the Lenox-Pittsfield Road and in the northwesterly corner of the land to be conveyed, the said point being in a true meridian South 40 25 West from the northeasterly corner of Lucy T. Flynn, a distance of one hundred (100) feet; Thence South 58 13 East along the southerly line of Lucy T. Flynn, a distance of three hundred eighteen and eighty-two hundredths (318.82) feet to an iron pipe; Thence North 21 4 East along the easterly line of Lucy T. Flynn, a distance of one hundred twenty-four and eighty-five hundredths (124.85) feet to an iron pipe standing in the northerly line of Lucy T. Flynn and the southerly line of one Cody; Thence South 63 5 East along the southerly line of the said Cody, a distance of two hundred ninety-four and sixty-five hundredths (294.65) feet to an iron pipe in the westerly line of lands of the Estate of Edwin Barrett; Thence South 51 35 West along the westerly line of said Barrett line, a distance of three hundred ten and seventy hundredths (310.70) feet to an iron pipe standing in the supposed northeasterly corner of lands now or formerly of one Lemley; Thence North 60 20 West along the said Lemley's northerly line, a distance of four hundred forty-eight and twenty hundredths (448.20) feet to an iron pipe standing in the southeasterly corner of other land of Lucy T. Flynn; Thence North 47 40 East along the easterly line of other land of Lucy T. Flynn, a distance of one hundred (100) feet, to an iron pipe in the northeasterly corner of said other land of Lucy T. Flynn; Thence North 60 20 West along the northerly line of said other land of Lucy T. Flynn, eighty (80) feet to an iron pipe standing in the easterly line of the Lenox-Pittsfield Road; Thence North 47 40 East along said easterly line of Lenox-Pittsfield Road, a distance of fifty-five (55) feet to a stone marked M.H. B.; Thence North 40 25 East along the aforesaid easterly line of the Lenox-Pittsfield Road, a distance of fourteen and twenty hundredths (14.20) feet to the place of beginning. PARCEL 2: Beginning at the southwesterly corner of the land to be conveyed, said corner being at a point in the easterly line of the Lenox-Pittsfield Road, one hundred fifty-five (155) feet South 47 40 West from a stone marked M. H. B.; Thence North 47 40 East one hundred (100) feet to an iron pipe in the easterly line of said Lenox-Pittsfield Road; Thence South 60 20 East, eighty (80) feet to an iron pipe; Thence South 47 40 West one hundred (100) feet to an iron pipe in the northerly line of land now or formerly of one Lemley; Thence North 60 20 West along the northerly line of said land now or formerly of one Lemley, eighty (80) feet to the easterly line of the Lenox-Pittsfield Road and the place of beginning. Parcel 1 and 2 are all and the same premises conveyed to John R. Flynn, a/k/a John Raymond Flynn by deed of Ethel T. Flynn and John R. Flynn, dated November 11, 2004 and recorded November 15, 2004 with the Berkshire Middle District Registry of Deeds in Book 3095, Page 26. The said John R. Flynn died August 1, 2006. See affidavit under M.G.L. c. 65C 14(a) recorded in said Registry in Book 5685, Page 186 and Death Certificates recorded in said Registry in Book 5685, Page 182 and Book 5685, Page 184, respectively. See deed from Mary J. Flynn to Mary J. Flynn and John R. Flynn a/k/a John Russell Flynn dated December 22, 2015 and recorded in the said Registry of Deeds in Book 5685, Page 190. The Mortgaged Premises will be sold and conveyed subject to and with the benefit of all restrictions, easements, improvements, leaseholds, tenancies, occupants, outstanding tax titles, municipal or other public taxes, liens, or other claims in the nature of liens, and existing encumbrances of record having priority over the Mortgage. In the event of any typographical error set forth herein in the legal description of the Mortgaged Premises, the description as set forth and contained in the Mortgage shall control by reference. TERMS OF SALE: TEN THOUSAND DOLLARS ($10,000.00) will be required to be paid in cash, certified or bank check with no intervening endorsements at the time and place of sale. The Foreclosure Deed of the Mortgage Premises shall be delivered and the balance of the purchase price paid in immediately available funds within thirty (30) days of the Public Auction at the offices of HUNTER, GRAZIANO & DiSANTIS, P.C., 10 Park Place, Lee, Massachusetts 01238. The Mortgagee makes no representations concerning the condition of the Mortgaged Premises or its compliance with applicable zoning, building, sanitary or other state and/or municipal regulations. In the event that the successful bidder(s) at the foreclosure sale shall default in purchasing the Mortgaged Premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, HUNTER, GRAZIANO & DiSANTIS, P.C., the amount of the required deposit as set forth herein within three (3) business days after written notice of the 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. 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. Unless the mortgage holder otherwise agrees, time being of the essence. The successful bidder(s) will be required to execute a Memorandum of S