MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 355 State Street, North Adams, Massachusetts 01247 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by KISHSA S. CARNES to MOUNTAINONE BANK, a Massachusetts banking corporation (the "Mortgagee") dated August 18, 2016, and recorded with the Berkshire County (Northern District) Registry of Deeds in Book 1602, Page 224, of which the undersigned is the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, there will be sold at Public Auction at 10:00 AM on the 14th day of December, 2022, at the mortgaged premises known as 355 State Street, North Adams, Massachusetts 01247, all and singular, the premises described in the Mortgage (the "Mortgaged Premises"), to wit: "the following described property located in the County of Berkshire: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Parcel ID Number: 197-0-28 which currently has the address of: 355 State Street, North Adams, MASSACHUSETTS 01247. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property." Exhibit A to the Mortgage reads as follows: "EXHIBIT A Beginning at a spike set in the ground at the approximate intersection of the west line of State Street and the south line of Oak Street, it being the northeast corner of the land hereby conveyed, as shown on plan filed in the Northern Berkshire Registry of Deeds as Plan 240B, Page 5 entitled "Plan of Property for Claudio Franzoni and John David, North Adams, Mass., dated February 1935 and made by W.N. Tuller, C.E."; Thence westerly about forty-seven (47) feet along the approximate south line of Oak Street to a monument; Thence southerly along the easterly line of land of one Tower about sixty-five (65) feet to a point; Thence easterly eighty-four (84) feet to a spike driven into the ground, this line being fourteen (14) feet southerly from the southwest corner of the house marked "B" as shown on said plan and in line with the westerly face thereof and fourteen (14) feet southerly from the southeasterly corner of said house and in line with the easterly face thereof, and eleven and twenty-three one hundredths (11.23) feet northerly from the northwest corner of the house marked "A" on said plan and in line with the westerly face of said house marked "A" and twelve and forty one hundredths (12.40) feet northerly from the northeast corner of said house marked "A" and in line with the easterly face thereof: Thence northerly sixty-one feet to the place of beginning. Subject to the transmission line easement granted by John David et ux to the Northern Berkshire Gas Company, August 9, 1949, recorded in said Registry of Deeds in Book 477, Page 70. Meaning and intending to convey and hereby expressly conveying, in mortgage, all and singular, the same premises conveyed to the Mortgagor herein by deed of Mark J. Pasquariello, Conservator for Eusebio Serrano and Elizabeth Serrano dated August 18, 2016 and recorded in the Northern Berkshire District Registry of Deeds in Book 1602, Page 220." In the event of any typographical error set forth herein in the legal description of the Mortgaged Premises, the description as set forth and contained in the Mortgage shall control by reference. The Mortgaged Premises will be sold subject to and, with the benefit of, all restrictions, easements, improvements, leaseholds, tenancies, occupants, outstanding tax titles, municipal or other public taxes, liens, or other claims in the nature of liens, and existing encumbrances of record having priority over the Mortgage. The Mortgagee makes no representations concerning the condition of the Mortgaged Premises or its compliance with applicable zoning, building, sanitary or other state and/or municipal regulations. TERMS OF SALE: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash, certified or bank check with no intervening endorsements at the time and place of sale. In the event that the successful bidder at the foreclosure sale shall default in purchasing the Mortgaged Premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, MARTIN & OLIVEIRA, LLP, The Clocktower, 75 South Church Street, Suite 550, Pittsfield, Massachusetts 01201, the amount of the required deposit as set forth herein within three (3) business days after written notice of the 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. If the second highest bidder declines to purchase the Mortgaged Premises, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale. The Foreclosure Deed of the Mortgage Premises shall be delivered, and the balance of the purchase price paid within twenty (20) days of the Public Auction. The successful bidder will be required to execute a Memorandum of Foreclosure Sale containing the above terms at the time and place of sale. Other terms, if any, to be announced at the time and place of sale. Present holder of said mortgage: MOUNTAINONE BANK Attorney for the Mortgagee: William E. Martin MARTIN & OLIVEIRA, LLP THE CLOCKTOWER 75 South Church Street, Suite 550 Pittsfield, Massachusetts 01201-6145 Telephone (413) 443-6455 WEM@martinoliveira.com 11/22/22, 11/29/22, 12/6/22 Ad# 70942, 70952 11/22/2022,11/29/2022 12/06/2022
Nov 22, 2022 (Expired).
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