Ads for Martin Law Offices, P.C. in Lenox, MA

MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 115 Bradley Street, North Adams, Massachusetts 01247 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by MELANIE A. DESMARAIS to the PITTSFIELD COOPERATIVE BANK, a Massachusetts banking corporation (the "Mortgagee") dated January 14, 2011, and recorded with the Berkshire County (Northern District) Registry of Deeds in Book 1434, Page 976, 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 12:00 PM on the 16th day of March 2023, at the mortgaged premises known as 115 Bradley 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 Registry of Deeds of Berkshire Northern District: See Schedule A attached hereto and made a part hereof. which currently has the address of 115 Bradley 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." Schedule A to the Mortgage reads as follows: "SCHEDULE A Commencing at an iron pipe set in the ground in the northerly line of Bradley Street at the southeasterly corner of land now or formerly of Doran Realty Trust, which pipe is North 75 51' 00" West, a distance of 19.80 feet from a concrete bound situate on the northerly side of said Bradley Street; running thence North 10 53' 44" East, a distance of 226.62 feet to an iron pipe set in the ground; running thence North 11 16' 15" East, a distance of 127.21 feet to an iron pipe set in the ground; running thence South 74 08' 27" East, a distance of 119.53 feet to an iron pipe set in the ground; running thence South 16 21' 54" West, a distance of 192.90 feet an iron pipe set in the ground; running thence North 88 32' 06" East, a distance of 132.81 feet to an iron pipe set in the ground; running thence South 23 15' 38" East, a distance of 46.00 feet to an iron pipe set in the ground; running thence South 51 39' 04" West, a distance of 213.35 feet to an iron pipe set in the ground; running thence a distance of 100.09 feet along a curve having a radius of 380.98 feet to a concrete bound set in the northerly line of Bradley Street; running thence North 75 51' 00" West, a distance of 19.80 feet to the point and place of beginning. Containing 55,178 square feet, and being Lot 3 as shown on a plan entitled "Plan of Land Surveyed for V. Peter and Dawn A. Vadnais, North Adams, Mass.", which plan is dated June 7, 1988, and was prepared by Henry C. Neff Associates, Inc. Said plan is recorded with the Berkshire Northern District Registry of Deeds in Book 240K at Page 86. Excepting therefrom Parcel "A" containing 13,453 square feet, as shown on a plan entitled "Plan Showing a Division of Land Owned by Grete Fitzpatrick & Richard A. Fitzpatrick & Being Conveyed to John R. Hancock & Doris Hancock, Bradley Street, North Adams, Mass.", dated May 30, 1990, Scale 1" = 30', prepared by Robert J. Saulnier, R.L.S., Clarksburg, Mass., and filed in the Northern Berkshire Registry of Deeds as Plan #175 in Drawer #4. Subject to a Boundary Line Agreement by and between Shirley M. Trombley and Robert R. Sunn et ux dated December 6, 1996 and recorded with the Northern Berkshire Registry of Deeds in Book 926, Page 768. Excepting therefrom the premises conveyed by Shirley M. Trombley to Timothy M. Sunn and Joanna L. Sunn by deed dated February 21, 1997 and recorded with the Northern Berkshire Registry of Deeds in Book 930, Page 281. Being all and the same premises conveyed to the mortgagor herein by deed of Lisa A. Varuzzo, Successor Trustee of the Shirley M. Trombley Revocable 2006 Trust dated January 14th, 2011 and recorded on January 14th, 2011 in the Berkshire Northern District Registry of Deeds in Book 1434, Page 972. This loan originated with the Pittsfield Cooperative Bank." 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 LAW OFFICES, P.C., 36 Cliffwood Street, Lenox, Massachusetts 01240, 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: THE PITTSFIELD COOPERATIVE BANK Attorney for the Mortgagee: William E. Martin MARTIN LAW OFFICES, P.C 36 Cliffwood Street Lenox, Massachusetts 01240 Telephone (413) 347-8962 WEM@martinolawofficespc.com