Ads for Berkshire Bank in the Berkshires

LEGAL NOTICE MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Leslie A. Bissaillon and Michael A. Bissaillon to Legacy Banks, dated October 25, 2005 and recorded in Berkshire County (Southern District) Registry of Deeds in Book 1654, Page 219 (the "Mortgage") of which mortgage Berkshire Bank successor by merger to Legacy Banks is the present holder, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 10 Hemlock Hill Road, Great Barrington, MA 01230 will be sold at a Public Auction at 10:00 AM on June 26, 2023, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: A certain parcel of land situated westerly of North Plain Road in said Great Barrington in Abbey Hill Acres, so-called, being Lot #46 therein, and described as follows: Beginning at an iron pipe in the northerly line of a proposed roadway called Hemlock Hill at the southeasterly corner of the parcel herein described; thence north 72 degrees 02' 34" west along the northerly line of said road 180.00 feet to an iron pipe at a corner of other land of the grantor; thence north 17 degrees 57' 26" east along other land of said grantor 288.26 feet to an iron pipe at a corner of land of one McAbee and the northwesterly corner of the parcel herein described; thence south 72 degrees 02'34" east along land of said McAbee 180.00 feet to an iron pipe at the corner of Lot #16; thence south 17 degrees 57' 26" west along the westerly line of Lot #16, 288.26 feet to an iron pipe in the northerly line of said Hemlock Hill to the point of beginning, containing 1.19 acres of land. Meaning and intending to convey and hereby conveying all of Lot #46 as shown on a map entitled "Section "A" Revised - Plan Showing a Subdivision of Land of WELL-KAMP ENTERPRISES, INC., known as Abbey Hill Acres in Great Barrington, Mass., Scale 1' = 100' - June 1972, Kelly and Granger, Engineers," filed in Southern Berkshire Registry of Deeds in Map File 55. Said Lot #46 is conveyed with the perpetual right and easement in common with persons now or hereafter entitled thereto, to use the roads as shown on the aforementioned map for all the purposes for which streets, roads, or ways may now or hereafter be commonly used in the Town of Great Barrington, including but not restricting to the installation of water, gas, electricity , sewer and telephone lines; there being excluded from this conveyance and reserved to Well-Kamp Enterprises, Inc. the fee in all of the above specified roads. The above premises are conveyed subject to the following restrictions: a. No trailers, mobile homes or temporary housing of any kind is to be placed on the premises. b. All construction plans must be approved by the grantor (Well-Kamp Enterprises, Inc.) in writing, as to the size and design of all buildings or structures constructed on the premises. c. Such approval shall be given provided that the architectural plans are for structures within the standard of the remainder of the Abbey Hill Acres development. Being the same premises conveyed to the mortgagors herein by deed of Kathryn M. Fahey dated October 25, 2005 and recorded in the Berkshire Southern District Registry of Deeds simultaneously herewith. For mortgagor's title see deed recorded with the Berkshire County (Southern District) Registry of Deeds in Book 1654, Page 216. The property will be sold subject to the redemption rights in favor of the Internal Revenue Service by virtue of the tax lien(s) recorded in Berkshire County (Southern District) Registry of Deeds in Book 2564, Page 192. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms of the Sale: Cashier's or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication. Other terms to be announced at the sale. Berkshire Bank successor by merger to Legacy Banks Korde & Associates, P.C. 900 Chelmsford Street Suite 3102 Lowell, MA 01851 (978) 256-1500 Bissaillon, Leslie A. and Michael A. Bissaillon, 23-042164 Ad# 75102, 75106 05/30/2023,06/06/2023 06/13/2023