Ads for Attorneys Guaetta and Benson, LLC in North Chelmsford, MA
MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Darryl Hamel to "MERS", Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for Carnegie Mortgage LLC, "Lender"; and its successors and assigns dated September 29, 2008 and recorded with the Berkshire County (Middle District) Registry of Deeds, in Book 4160, Page 99, as assigned by Assignment of Mortgage dated June 28, 2012; recorded in Berkshire County (Middle District) Registry of Deeds, Book 4987, Page 183, and by Assignment dated September 23, 2014; recorded in Berkshire County (Middle District) Registry of Deeds, Book 5442, Page 169, and by Assignment dated March 9, 2020; recorded in Berkshire County (Middle District) Registry of Deeds, Book 6590, Page 272, and by Assignment dated June 18, 2020; recorded in Berkshire County (Middle District) Registry of Deeds, Book 6646, Page 103, and by Assignment dated April 19, 2022; recorded in Berkshire County (Middle District) Registry of Deeds Book 7181, Page 221, of 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 AM, on August 26, 2022, on the premises known as 11 Dartmouth Street, Pittsfield, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit: The land in Pittsfield, Berkshire County, Massachusetts, bounded and described as follows: A certain lot of land situate on the west side of Dartmouth Street in said Pittsfield and being parts of lots twenty-seven (27) and twenty-nine (29) as shown on the Revised Plan of the triangle surveyed and laid out by G.A. Murdock, C.E., which plan is recorded in the Registry of Deeds at said Pittsfield in book 297, page 656 to which plan and record thereof reference may be had for a more particular description. The parts of said lots hereby conveyed are described as follows: Beginning at a point seventy (70) feet southerly of the southwest corner of lot no. 31, and in the original west line of lot No. 29; thence northerly in the original west line of lots 29 and 31 for a distance of thirty-five (35) feet to the southwest corner of a parcel of land conveyed to William H. Eldridge by Robert B. Johnston, which parcel is a part of lot No. 29 on said plan; thence easterly making an internal angel of 75 degrees 10 minutes, a distance of eighty-six and three tenths (86.30) feet in the south line of said parcel conveyed to William H. Eldridge by Robert B. Johnston; thence easterly deflecting to the left 11 degrees 53 minutes a distance of sixty (60) feet, said last mentioned line is in the south line of said parcel conveyed to said Eldridge by said Johnston, and is at right angles to said west line of Dartmouth Street; thence southerly in the west line of said Dartmouth street forty-eight (48) feet, thence westerly at right angles to said Dartmouth Street sixty (60) feet; thence to the place of beginning. This parcel of land is subject to the following restrictions named in the deed of Henry J. Ryan to Jennie C. Johnston, dated August 13, 1985 and recorded in said Registry of Deeds in Book 290, Page 251, which are as follows: Subject to the rights of others to maintain pipes and conduits for the conveyance of water through said premises and in accordance with the restrictions contained in the deed of William R. Plunkett, Administrator to Henry J. Ryan. Said parcel of land is also subject to the following restrictions which operates as equitable easements and not as conditions effecting a forfeiture; No house shall be built on said lot within twenty-five (25) feet of said west line of Dartmouth Street; No barn is to be built on said lot. Terms of Sale: These premises are being sold subject to any and all unpaid real estate taxes, water rates, municipal charges and assessments, condominium charges, expenses, costs, and assessments, if applicable, federal tax liens, partition wall rights, statutes, regulations, zoning, subdivision control, or other municipal ordinances or bylaws respecting land use, configuration, building or approval, or bylaws, statutes or ordinances regarding the presence of lead paint, asbestos or other toxic substances, sanitary codes, housing codes, tenancy, and to the extent that they are recorded prior to the above mortgage, any easements, rights of way, restrictions, confirmation or other matters of record. Purchaser shall also bear all state and county deeds excise tax. The deposit of $10,000.00 is to be paid in cash or bank or certified check at the time and place of the sale, with the balance of the purchase price to be paid by bank or certified check within forty-five (45) days after the date of the sale, to be deposited in escrow with Guaetta and Benson, LLC, at 73 Princeton Street, Suite 208, North Chelmsford, Massachusetts. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property 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 or, thereafter, to the next highest bidders, providing that said bidder shall deposit with said attorney, the amount of the required deposit as set forth herein within five (5) business days after written notice of the default of the previous highest bidder. Other terms, if any, are to be announced at the sale. Dated: July 28, 2022 Present holder of said mortgage U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust by its Attorneys Guaetta and Benson, LLC Peter V. Guaetta, Esquire P.O. Box 519 Chelmsford, MA 01824 Ad# 67796 08/05/2022,08/12/2022 08/19/2022
Aug 05, 2022.
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