Ads for Hashim & Spinola in Pittsfield, MA

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by SEAN P. DALEY and AMANDA BROWN to ADAMS COMMUNITY BANK, dated August 8, 2014, and recorded on August 8, 2014, with the Berkshire Middle District Registry of Deeds in Book 5418, Page 335, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 10:00 a.m. on the Eighth (8th) day of September, 2022, at the mortgaged premises described below, to wit, 105 St. James Avenue, Lee, Massachusetts, all and singular, the premises in said Lee, Berkshire County, Massachusetts, described in said Mortgage, to wit: Being Lot 14 shown on a plan of land entitled "Division of Portion of Land of Norman R. March, Town of Lee, Berkshire County, Massachusetts, dated July 1, 1980", drawn by William A. Loeb, R.L.S., West Stockbridge Enterprises, Inc. And recorded in the Berkshire Middle District Registry of Deed in Drawer D, No. 35, more particularly bounded and described as follows: Beginning in an iron pipe in the westerly side of St. James Avenue, which iron pipe marks the southeasterly corner of the lands described herein; Thence preceding westerly on a course South 86 degrees 52 minutes 04 seconds for a distance of 130.04 feet to an iron pipe; Thence turning and proceeding easterly on a course of North 02 degrees 00 minutes 21 seconds West for a distance of 100 feet to an iron pipe; Thence turning and proceeding on a course of North 86 degrees 25 minutes 04 seconds East for a distance of 20 feet to an iron pipe; Thence turning and proceeding northerly on a course of North 02 degrees 00 minutes 21 seconds West for a distance of 101.02 feet to an iron pipe on the southerly boundary of Lot 11 shown on said plan; Thence turning and proceeding easterly on a course of North 86 degrees 25 minutes 04 seconds East for a distance of 110.26 feet to an iron pipe on the westerly boundary of land now or formerly of Avigo; Thence turning and proceeding southerly on a course of South 01 degree 57 minutes 26 seconds East for a distance of 202.06 feet to the iron pipe at the point of beginning. Containing 0.56 acres, more or less. Together with the frontage variance issued by the Town of Lee Zoning Board of Appeals dated August 26, 1981, notice of which is recorded in the Berkshire Middle District Registry of Deeds in Book 1049, Page 910. Subject to a ten (10) foot wide drainage easement to the Town of Lee dated July 3, 1981, recorded in the Berkshire Middle District Registry of Deeds in Book 1048, Page 667. Being the same premises conveyed to the grantors herein by deed of Doris H. Shaw and Todd H. Shaw dated November 23, 2010 and recorded in the Berkshire Middle District Registry of Deeds in Book 4666, Page 168. Also being the same premises conveyed to the mortgagors simultaneously herewith. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. It shall be the bidder's sole responsibility to ascertain all items described in this paragraph and no representations are made concerning compliance with applicable zoning, building, sanitary or other state and/or municipal laws, ordinances or regulations. 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 Mortgagee 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 Mortgagee'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 mortgagee at the scheduled time and place of sale. The description for the premises contained in said Mortgage 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. ADAMS COMMUNITY BANK, Holder of Said Mortgage Date: August 8, 2022 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA01201 (413) 499-1304 AUCTIONEER: FRED S. HOBART POBOX 303 ADAMS, MA01220 License No. 393 08/16/22, 08/23/22, 08/30/22 Ad# 68024 08/16/2022,08/23/2022 08/30/2022