Ads for Mortgagee's Sale of Real Estate (June 28, 2022) 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 Francis L. Lavigne to Adams Community Bank, dated February 8, 2011, and recorded in the Northern Berkshire County Registry of Deeds in Book 1436, Page 707, for breach of the conditions of said mortgage and for the purpose of foreclosing the same, there will be sold at public auction at 10:00 a.m. on the 28th day of June, 2022, on the mortgaged premises below described, situate at 21-35 Taft Street, Unit 35, North Adams, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, to wit: The Condominium Unit known as Condominium Unit Number 35 (hereinafter called the "Subject Unit"), in the Condominium known as Spinning Mill Townhouses Condominiums, a Condominium (hereinafter called the "Condominium"), established by Master Deed dated November 25, 2009, and recorded on November 25, 2009, in the Berkshire County Northern District Registry of Deeds, in Book 1392 at Page 1065, as amended by First Amendment to the Master Deed dated February 3, 2011 and recorded with the Northern Berkshire Registry of Deeds on February 8, 2011 in Book 1436, Page 700, (hereinafter called the "Master Deed"). The Subject Unit is shown on the Master Plan of the Condominium filed in the Berkshire County Northern District Registry of Deeds in Plat A, Plan Numbers 263, 264 and 265 with the Phase 2 Plan recorded February 8, 2011 as Plat A, Plan Number 3160317. The Subject Unit is hereby conveyed together with: 1. An undivided twelve and one-half (12.5%) percent interest in the common areas and facilities of the Condominium described in the Master Deed appertaining to the Subject Unit. 2. An easement, as an appurtenance to the Subject Unit, for theexclusive use of Parking Space 35 as shown on the Plan referred to in the Master Deed; 3. As easement for the continuance of all encroachments by the Subject Unit on the adjoining units or on the common areas and facilities existing as a result of construction of the Building, or that may come into existence hereafter as a result of: (a) settling of the Building; or (b) condemnation or eminent domain proceedings, or (c) alteration or repair of the common areas and facilities or any part thereof made pursuant to the provisions of the Master Deed as the same may be from time to time amended, or the provisions of the Declaration of Trust of the Spinning Mill Townhouses Trust as the same may be from time to time amended; or (d) repair or restoration of the Building or any Unit therein after damage by fire or other casualty; and 4. An easement to use all pipes, wires, flues, ducts, conduits, plumbing lines and other portions of the common areas and facilities located in the other units and serving the Subject Unit. The Subject Unit is hereby conveyed subject to: 1. Easements in favor of the adjoining units and in favor of the common areas and facilities for the continuance of all encroachments of the adjoining units or common areas and facilities on the Subject Unit existing as a result of construction of the Building or that may come into existence hereafter as a result of: (a) settling of the Building; or (b) condemnation or eminent domain proceeding; or (c) alteration or repair of the common areas and facilities or any part thereof made pursuant to the provisions of the Master Deed as the same may be from time to time amended, or the provisions of the Declaration of Trust of the Spinning Mill Townhouses Trust as the same may be from time to time amended; or (d) repair or restoration of the Building or any unit therein after damage by fire or other casualty; and 2. An easement in favor of the Owners of other units to use all pipes, wires, flues, ducts, conduits, plumbing lines and other portions of the common areas and facilities located in the Subject Unit and serving the other units; 3. The provisions of the Master Deed and Master Plans of the Condominium recorded simultaneously with and as part of the Master Deed, and the provisions of the Declaration of Trust of the Spinning Mills Townhouses Trust and the Bylaws and Rules and Regulations thereto (which Declaration of Trust of the Spinning Mill Townhouses Trust, Bylaws and Rules and Regulations, dated November 25, 2009, are recorded in the Berkshire Northern District Registry of Deeds, in Book 1393, at Page 1, as the same may be amended from time to time by instruments recorded with said Deeds, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time interest or estate in the Subject Unit, or parking space, including his or her family, tenants, servants, visitors and occupants, as though such provisions were recited and stipulated at length herein; 4. Easements, rights, obligations provisions, agreements, restrictions, building line limitation, zoning regulations, public utility and telephone easements, easements in favor of the Declarant of the Master Deed, and all other matters set forth or referred to in the Master Deed; and 5. The provisions of Massachusetts General Laws, Chapter 183A ("Condominiums "). The Subject Unit is intended only for residential use by not more than one family unit, nor more than two unrelated persons per bedroom, provided, however, that the Subject Unit my also be used as an office and/or artist's studio, but (i) only accessory to such residential use; (ii) only if and to the extent such accessory office and/or artist's studio use is permitted by the applicable zoning laws; and (iii) only in accordance with the restrictions on