Ads for Lauren A. Solar, Hackett Feinberg PC in Boston, MA

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Commercial Mortgage and Security Agreement dated September 13, 2012, granted by HCC Orchards, LLC (the "Mortgagor") to Hoosac Bank (the "Mortgagee") and recorded with the Northern Berkshire County Registry of Deeds (the "Registry") in Book 1487, Page 809 (the "Mortgage"), 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 on September 28, 2022 at 10:00 am at 206 Adams Road, Williamstown, Massachusetts, all and singular the premises described in said mortgage, to wit: The land with the buildings thereon situates in the Town of Williamstown, Berkshire County, Massachusetts, bounded and described as follows: Beginning at an iron pipe in the southerly side of Main Street in said Town of Williamstown, a/k/a Route 2 as laid out by 1939 alteration, said point being the southeast corner of land of the Bank of New England, formerly Williamstown National Bank; Thence turning and running S 33 42' 56" E, 303.56 feet to an iron pipe in the southerly line of Main Street; Thence turning and running S 44 42' 20" W, 239.99 feet to an iron pipe set in the northerly bound of Adams Road as defined by an 1898 layout; Thence turning and running N 47 37' 40" W, 286.43 feet to a Massachusetts highway bound; Thence turning and running along a curve to the right, said curve having a radius of 176.33 feet and a distance of 176.70 feet, to a point; Thence turning and running N 9 47' 20" E, 95.86 feet to an iron pipe at the southwesterly corner of land of said Bank of New England; Thence turning and running S 84 22' 30" E, 251.77 feet to the point and place of beginning. All as shown on plan entitled "Plan of The Orchards Williamstown, Mass. Scale 1" = 16' Feb. 5, 1985, which plan was prepared by Henry C. Neff Associates, Inc. Said Plan is recorded in the Northern Berkshire Registry of Deeds at Adams, Massachusetts as Plan 227, Drawer Together with the benefit of a sewer line granted by Bank of New England - Berkshire County as set forth under instrument dated December 11, 1984 and recorded as aforesaid in Book 735, Page 317 Subject to Waiver of Easement location (running from locus to land of Fischer) granted to Adolph H. Fischer and Edna R. Fischer dated September 1, 1966 and recorded as aforesaid in Book 604, Page 84; For Mortgagor's title see deed recorded with said Registry in Book 1259, Page 943 and State of Delaware Certificate of Conversion from a Limited Partnership to a Limited Liability Company Pursuant to Section 18-214 of the Limited Liability Act recorded with the Registry in Book 1487, Page 805. In the event of any typographical errors in the publication of this notice, the description in the Mortgage shall control. Said premises shall also be sold subject to and/or with the benefit of any and all other restrictions, easements, improvements, covenants, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens, attachments and existing encumbrances of record created prior to the Mortgage, if any there be, insofar as in force and applicable. Said premises will also be sold subject to all leases and tenancies having priority over said Mortgage, to tenancies or rights of parties in possession now or at the time of said auction which are subject to said Mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and to laws and ordinances including, but not limited to, all building and zoning laws and ordinances. Terms of sale: The highest bidder in the sale of the premises shall deposit a bank treasurer's check, or certified check in the amount of $25,000.00 at the time and place of the sale of the premises as a non-refundable earnest money deposit towards the purchase price to be held at the option of the Mortgagee as liquidated damages for any default by the successful bidder. The balance of the purchase price shall be paid upon delivery of the deed within thirty (30) days of the date of the public auction. The successful bidder shall be required to sign a Memorandum of Sale at the public auction containing the terms herein and any additional terms set forth in the Memorandum of Sale or announced at the public auction. In the event that the successful bidder at the public auction fails to perform in the time specified to purchase the premises, the Mortgagee reserves the right, at its sole election, to sell the premises by foreclosure deed to the other qualified bidders, in descending order beginning with the next highest bidder, provided that in each case the next highest bidder delivers to Mortgagee the amount of the required deposit within three (3) business days after written notice of the default of the previous highest bidder and promptly executes a Memorandum of Sale providing for performance within thirty (30) days of execution. Mortgagee also reserves the right, at its sole election, to assume the bid of any defaulting or declining bidder. The Mortgagee reserves the right to postpone this sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. Other terms to be announced at sale. For inquiries concerning the auction, please contact Dan McLaughlin at dan@mclaughlinco.com. MountainOne Bank, successor to Hoosac Bank present holder of the Mortgage, By its attorneys, Lauren A. Solar, Esq. Hackett Feinberg P.C. 155 Federal Street, 9th Floor Boston, MA 02110 las@bostonbusinesslaw.com 617.422.0200 AD# 68061, 68134 08/19/2022, 08/26/2022, 09/02/2022, 09/09/2022