SALE OF REAL ESTATE UNDER GLM 183A:6 By virtue of a Judgment and Order of the Southern Berkshire District Court (Docket No. 2129CV000055-EF) in favor of TRUSTEES OF THE SEVEN ARTS UNIT OWNER'S TRUST against DEBORAH HIRSCHKLAU, establishing a lien pursuant to GLM 183A:6 on the real estate known as 23 Seven Arts Road, Unit 3, of the Seven Arts Condominium, for the purpose of satisfying such lien the real estate will be sold at Public Auction at 10:00 a.m. on the 18th day of August, 2022, at 23 Seven Arts Road, Unit 3, Seven Arts Condominium, Monterey, Berkshire County, Massachusetts. The premises to be sold are more particularly described as follows: The Unit 3 (the "Unit") of Seven Arts Condominium, (the "Condominium"), located off Route 57, a/k/a Pixley Road, Monterey, Berkshire County, Massachusetts, which Condominium was created pursuant to G.L. Chapter 183A by the recording of a Master Deed (the "Master Deed") dated 11/17/06, recorded on 2/14/07, with the Berkshire Southern District Registry of Deeds in Book 1751, Page 242. Unit 3 is shown on the Plan (the "Condominium Plan") recorded with the Master Deed (see Plan Drawer D Condo Plan B3) and on the Condominium Unit Plan attached hereto, to which is affixed the verified statement in the form required by said Chapter 183A, Section 9. Said Unit is hereby conveyed together with: 1. An undivided 16 2/3% percent (1/6th) interest in the Common Areas and Facilities of the Condominium, as it may be amended pursuant to provisions of the Master Deed; 2. The exclusive right to use those Common Areas and Facilities appurtenant to said Unit as set forth in the Master Deed; 3. All other rights, easements, agreements, interests and provisions contained in the Master Deed, the Declaration of Trust of the Seven Arts Unit Owners' Trust recorded with said Registry of Deeds in Book 1751, Page 272 (the "Declaration of Trust"), the By-Laws (the "By-Laws") and the Rules and Regulations (the "Rules and Regulations") adopted pursuant thereto, as any of the same may be amended from time to time pursuant to the provisions thereof. Said Unit is conveyed subject to and with the benefit of: 1. The provisions of Chapter 183A as the same may be amended from time to time. 2. The provisions of the Master Deed (including, without limitation, the title matters set forth on Exhibit A to the Master Deed), the Declaration of Trust, By-Laws and Rules and Regulations, in each case as the same may be amended from time to time pursuant to the provisions thereof. 3. Real Estate Taxes assessed against the Unit and the Common Areas and Facilities which are not yet due and payable. Grantors' title is derived by (i) deed from Sanford A. Haver and Thomas B. Haver dated March 11, 1974 and recorded in the Berkshire Southern District Registry of Deeds at Book 393, Page 137 and (ii) Decree of the Probate Court in Docket 99E-0006-BE dated 11/6/2006 and recorded in the Berkshire Southern District Registry of Deeds in Book 1751, Page 240. 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 Lienholder 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 Lienholder'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 Lienholder at the scheduled time and place of sale. The description for the premises contained in the Deed recorded in the Southern Berkshire Registry of Deeds in Book 1751, Page 325 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. TRUSTEES OF THE SEVEN ARTS UNIT OWNER'S TRUST, Lienholder Date: July 18, 2022 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Lienholder 82 Wendell Avenue Pittsfield, MA 01201 (413) 499-1304 AUCTIONEER: MARCELLA ASSOCIATES LICENSE NO. 1687 44 Lake Street Dalton, MA 01226 07/26/2022, 08/02/2022, 08/09/2022 Ad# 67466, 67625 07/26/2022,08/02/2022 08/09/2022
Jul 26, 2022 (Expired).
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