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 VERN JOHNSON to BRUCE POOR, dated and recorded June 30, 2021 in the Berkshire Southern District Registry of Deeds in Book 2702 Page 61 (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 AUGUST 23, 2024 @ 11:00 am, on the mortgaged premises 895 Rhoades & Bailey Road, New Marlborough 01244 (the "Premises"), all and singular the Premises described in said mortgage, to wit: EXHIBIT A All that tract or parcel of land with the buildings thereon erected, if any, situate, lying and being in the Town of New Marlboro, Berkshire County, Massachusetts, being lot A, as shown on a plan entitled, "Plan of land Surveyed for Patten Corporation Northeast, Inc. in New Marlborough, Massachusetts, November 1986, Scale 1" = 100', Kelly Granger-Parsons and Associates, Inc., Great Barrington, Massachusetts", which plan was recorded with the Southern Berkshire Registry of Deeds at Great Barrington, Massachusetts in Plat File C65. Containing 2.019 acres of land. For Mortgagor's title, see deed recorded in Book 628 Page 336 and Book 1151 Page 329. 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. BRUCE POOR, Mortgagee Attorney for Mortgagee Thomas J. Hamel, Esquire COURTNEY LEE & HAMEL, PC 31 Wendell Avenue Pittsfield, Massachusetts 01201-6145 AD# 86807 07/26/2024, 08/02/2024, 08/09/2024