Ads for Courtney, Lee & Hamel PC in Pittsfield, MA

NOTICE OF SALE MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by DRAGOS TUNDREA AND KATHRYN TUNDREA to Salisbury Bank and Trust Company, successor by merger f/k/a The Canaan National Bank, dated November 14, 2002 and recorded November 15, 2002 in the Berkshire Southern District Registry of Deeds in Book 1365 Page 208 (the "Mortgage"), the undersigned being the present holder of said Mortgage, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same, there will be sold at public auction on Friday July 19, 2024 commencing at 1:00 PM. on the mortgaged premises 334 South Undermountain Road, Sheffield, Massachusetts (the "Premises"), all and singular the Premises described in said mortgage, to wit: EXHIBIT A Parcel "A on a Plan entitled "Plan of Land in Sheffield, Massachusetts, surveyed for The Nature Conservancy";, Scale 1" = 20', dated February 4, 2002 prepared by Accord Engineering & Surveying, Inc.. Great Barrington, MA. recorded in the Southern Berkshire District Registry of Deeds in Plat File No. L-68, and bounded and described as follows: Beginning at a steel rebar set in the westerly sideline of Route 41, a/k/a Undermountain Road, marking the southeast comer of Parcel "A"; herein described and the northeast comer of land now or formerly of Morton and Beatrice Brand as shown on said Plan; thence North 66 44' 53" West 400.49 feet past an iron pipe found by said land of Brand to an iron pipe found at remaining land of Hughes as shown on said Plan; thence North 25 22' 00" East 151.62 feet by land now of the Commonwealth of Massachusetts Department of Fisheries, Wildlife & Environmental Law Enforcement to a steel rebar set at land of the Commonwealth, as shown on said Plan; thence South 66 30' 00" East 393.16 feet through an iron pipe found by said land of the Commonwealth to an iron pipe found near the end of a stone wall on the westerly sideline of Route 41 as shown on said Plan; thence South 22 48' 50" West 149.82 feet crossing an existing driveway by said Route 41 to the place of beginning. Containing 1.37 acres as shown on said Plan. For Mortgagor's title, see deed recorded in Book 1365 Page 206. Said 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 or instruments of record entitled to precedence over this mortgage, and subject to, and with the benefit of, all easements, restrictions, reservations and conditions of record having precedence over the Mortgage and subject to all leases, tenancies and/or rights of parties in possession, including rights or claims in personal property installed by tenants or former tenants now located on the Premises and the right of redemption, if any, to the Internal Revenue Service. It shall be the bidder's sole responsibility to ascertain all items described in this paragraph and no representations are made concerning compliance with applicable zoning, building, sanitary or other state and/or municipal laws, ordinances or regulations. TERMS OF SALE: TEN THOUSAND and 00/100 ($10,000.00) DOLLARS in cash certified or bank check to be paid by the purchaser at the time and place of sale. The successful bidder shall be required to increase the deposit to a full ten (10%) of the purchase price within five (5) business days of the public auction and the balance of the purchase price shall be paid in cash, certified or bank check and the foreclosure deed shall be delivered and accepted within thirty (30) days after the public auction at the offices of Thomas J. Hamel, Esq., Courtney Lee & Hamel, PC, 31 Wendell Avenue, Pittsfield, Massachusetts 01201. The successful bidder for the Premises will be responsible for all closing costs,recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum of Sale containing the terms of sale at the time and place of the public auction. The successful bidder for the Premises shall be subject to a 5% buyer premium. This mortgagee's sale of real estate may be postponed or adjourned from time to time, if necessary, by the attorney or auctioneer for the mortgagee at the scheduled time and place of sale. The description for the premises contained in said Mortgage shall control in the event of a typographical error in this publication. In the event that the successful bidder at the foreclosure sale fails to purchase the described Premises according to the terms of this notice of sale or as provided for in the Memorandum of Sale executed at the time of foreclosure, the mortgagee reserves the right to sell the Premises by foreclosure deed to the next highest bidder provided that the next highest bidder shall deposit with the mortgagee's attorney, said Thomas J. Hamel, Esq., the amount of the required deposit and execute an agreement similar to said Memorandum of Sale, within three (3) business days after written notice of default of the previous highest bidder. Title shall be conveyed to the next highest bidder within twenty (20) days of said written notice. Other terms, if any, to be announced at the time and place of sale. NBT BANK NA successor by merger Salisbury Bank and Trust Company, successor by merger f/k/a The Canaan National Bank, By: Jason Town, VP Collections and Special Assets Director Attorney for NBT BANK NA Thomas J. Hamel, Esquire COURTNEY LEE & HAMEL, PC 31 Wendell Avenue Pittsfield, Massachusetts 01201-6145 AD# 85880 06/14/2024, 06/21/2024, 06/28/2024