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Mortgagee's Sale Of Real Estate

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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 and Mary J. Flynn to Lee Bank dated July 3, 2003 and recorded July 10, 2003 in the Berkshire Middle District Registry of Deeds in Book 2624, Page 97, 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 noon on the 29th day of June, 2022, on the premises situated at 388 Pittsfield Road, Lenox, Massachusetts, all and singular the premises described in said mortgage, bounded and described as follows: Beginning at a stake standing in the east line of State Highway leading from Lenox to Pittsfield: Thence northeasterly along the southerly line of lands now or formerly of one Cody, a distance of two hundred and eighty-one and fifty-five one-hundredths (281.55) feet to the northwesterly corner of land conveyed by Lucy T. Flynn to John H. Flynn by deed dated November 15, 1934 and recorded with the Berkshire Middle District Registry of Deeds in Book 462, Page 612&c. Thence southerly along the westerly line of land of said John H. Flynn one hundred twenty-four and eighty-five one-hundredths (124.85) feet to a point in said lands of John H. Flynn; Thence westerly along the northerly line of said John H. Flynn three hundred eighteen and eighty-two one-hundredths (318.82) feet to a point in the easterly line of said State Highway one hundred (100) feet from the place of beginning. Thence northerly along the easterly line of said State Highway one hundred (100) feet to the place of beginning. Subject to the Commonwealth of Massachusetts Highway Department taking, recorded June 14, 1973 in said Registry in Book 938, Page 409. Subject to the Commonwealth of Massachusetts Highway Department taking, dated August 23, 1995 and recorded September 14, 1995 in said Registry in Book 1489, Page 112. Being the same premises conveyed to John R. Flynn and Mary J. Flynn by deed recorded November 7, 1969 in said Registry of Deeds in Book 883, Page 252. Being also the same premises conveyed 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 188 and Death Certificate recorded in said Registry in Book 5685, Page 184, respectively. Mary J. Flynn died July 6, 2017 (see Berkshire Probate Court Docket #BE19P0792EA). 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 Sale containing the above-terms at the time and place of sale. Other terms, if any, to be announced at the time and place of sale. LEE BANK ATTORNEY FOR THE MORTGAGEE: John W. Graziano, Esq. HUNTER, GRAZIANO & DiSANTIS, P.C. 10 Park Place Lee, Massachusetts 01238 Telephone Number: (413) 243-0789 Facsimile Number: (413) 243-0213 June 7, 2022 June 14, 2022 June 21, 2022 Fred S. Hobart Massachusetts Auctioneer License #393 AD# 66279 06/07/2022, 06/14/2022, 06/21/2022

Jun 07, 2022 (Expired). Hunter, Graziano & DiSantis, P.C. Notices Ads from The Berkshire Eagle ShopLocal

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413-243-0789

Hunter, Graziano & DiSantis, P.C.

413-243-0789
10 Park Pl
Lee, MA 01238
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