Ads for John W. Graziano Hunter & Graziano in the Berkshires

MORTGAGEES SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Ann M. Brassard and Andrew F. West to Lee Bank dated July 27, 2017 and recorded in the Berkshire Southern District Registry of Deeds in Book 4248, Page 69, 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 a.m. on the 20 th day of January, 2023, at the Law Offices of HUNTER, GRAZIANO & DiSANTIS, P.C. at 10 Park Place, Lee, Massachusetts, all and singular the premises described in said mortgage, and situated at 763 Silver Street, Sheffield, Berkshire County, Commonwealth of Massachusetts, and bounded and described as follows: The following described piece or parcel of land designated as 3.36 acres of land shown on plan entitled: "Plan of Land Surveyed for Barbara G. West and David F. West, Silver Street, Sheffield, Massachusetts, November-2004, Scale 1" = 30', prepared by Foresight Land Services, Engineering, Surveying, and Planning, Pittsfield, Massachusetts, 01201"; said plan is recorded in the Southern Berkshire Registry of Deeds in Plat File N-76 (being Map 11, Block 3, Lot 5.7, as shown on the Sheffield Assessors Office records). Subject to life reservations for Ronald F. West and Elise D. West, to go onto the premises to: 1) hunt on the demised premises with others of their choice together with the right to give permission to such other third parties of their choice to hunt on these premises; 2) cut and remove trees and wood for firewood; and 3) take and remove morels, cedar posts, and to grow and cut hay. Subject to utility easement granted to New England Telephone and Telegraph Company recorded in said Registry of Deeds in Book 307, Page 472&c. Subject to utility easement granted to Southern Berkshire Power and Electric Company recorded in said Registry of Deeds in Book 307, Page 321. Being the same premises conveyed to Andrew F. West and Ann M. Brassard by deed of Andrew F. Brassard, which deed was dated and recorded July 27, 2017 in said Registry of Deeds in Book 2428, Page 66. The Mortgaged Premises will be sold and conveyed 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. 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. TERMS OF SALE: TEN THOUSAND DOLLARS ($10,000.00) will be required to be paid in cash, certified or bank check with no intervening endorsements at the time and place of sale. The Foreclosure Deed of the Mortgage Premises shall be delivered and the balance of the purchase price paid in immediately available funds within thirty (30) days of the Public Auction at the offices of HUNTER, GRAZIANO & DiSANTIS, P.C., 10 Park Place, Lee, Massachusetts 01238. 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. In the event that the successful bidder(s) 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, HUNTER, GRAZIANO & DiSANTIS, P.C., 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 date. Unless the mortgage holder otherwise agrees, time being of the essence. The successful bidder(s) will be required to execute a Memorandum of 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. LEE BANK ATTORNEY FOR THE MORTGAGEE: John W. Graziano, Esq. HUNTER, GRAZIANO & DiSANTIS, P.C., 10 Park Place Lee, Massachusetts 01238 Telephone Number: (413) 243-0789 Facsimile Number: (413) 243-0213 December 28, 2022 January 4, 2023 January 11, 2023 FRED S. HOBART MASSACHUSETTS AUCTIONEER LICENSE #393 AD# 71521, 71523 12/28/2022, 01/04/2023, 01/11/2023