Ads for Attorneys Guaetta and Benson, LLC in North Chelmsford, MA

Publication Dates: 12/12/2024, 12/19/2024, 12/26/2024 54 Birch Grove Road, Hancock, Massachusetts MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Felicia L. Bell to "MERS", Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for "Lender", Academy Mortgage Corporation and its successors and assigns dated March 31, 2016 and recorded with the Berkshire County (Northern District) Registry of Deeds, in Book 1590, Page 1020, as assigned by Assignment of Mortgage dated October 6, 2021; recorded in Berkshire County (Northern District) Registry of Deeds, Book 1768, Page 14, of 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 1:00 PM, on January 9, 2025, on the premises known as 54 Birch Grove Road, Hancock, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit: Being Lot No. 9 shown on a plan entitled "Building Lot Plan No. 1, Shaker Heights, laid Out for Arthur Yerkes, Hancock, Mass., Scale: 1"=100', June 6, 1963, Robert B. Deloye, Engineer", which plan is recorded in Berkshire Northern District Registry of Deeds in Book 240-F, Page 136. APN#: Map 31 Parcel 9 Together with a right of way, for all the usual purposes of a way, in, over and upon the roads shown on the above-mentioned "Building Lot Plan No. 1, Shaker Heights", until said roads are accepted as public ways. Reserving to said Arthur D. Yerkes, however, the right to enter upon so much of said premises as is necessary to construct Terrace Drive as shown on the above-mentioned plan, such right to terminate when Terrace Drive is accepted as a town way. Together with the right to draw water from a spring or reservoir located on other land of said Arthur D. Yerkes, or land over which the said Arthur D. Yerkes has water rights, and the right to enter such other land, if necessary, to maintain, replace or repair water pipes. Subject also to the following restrictions: 1. That only one single family residence shall be erected thereon. 2. No portion of said house, exclusive of unenclosed porches, shall be closer than 35 feet from Terrace Drive or closer than 15 feet from all other boundary lines. 3. Said premises shall not be used for the carrying on of any manufacturing, mercantile or other commercial uses, nor shall they be used for the keeping of any animals other than household pets. 4. No one-story or "ranch" type dwelling shall be erected thereon containing a floor space of less than 1400 square feet and no two story or "Colonial" house shall be erected thereon containing less than 950 square feet of floor space on its first floor. Subject to an easement to Western Massachusetts Electric Co. and New England Tel. and Tel. Co. dated August 17, 1963, and recorded with said Registry of Deeds in Book 579, Page 233. Being the same premises conveyed to the mortgagors herein by deed of Steven B. Schwarz and Veronica C. Schwarz, dated March 31, 2016, and recorded in the Berkshire Northern District Registry of Deeds immediately prior hereto. Together with the right to travel over the existing driveway leading from Terrace Drive in New Lebanon, New York to the residence located on the above-described premises. Terms of Sale: These premises are being sold subject to any and all unpaid real estate taxes, water rates, municipal charges and assessments, condominium charges, expenses, costs, and assessments, if applicable, federal tax liens, partition wall rights, statutes, regulations, zoning, subdivision control, or other municipal ordinances or bylaws respecting land use, configuration, building or approval, or bylaws, statutes or ordinances regarding the presence of lead paint, asbestos or other toxic substances, sanitary codes, housing codes, tenancy, and, to the extent that they are recorded prior to the above mortgage, any easements, rights of way, restrictions, confirmation or other matters of record. Purchaser shall also bear all state and county deeds excise tax. The deposit of $10,000.00 is to be paid in cash or bank or certified check at the time and place of the sale, with the balance of the purchase price to be paid by bank or certified check within forty-five (45) days after the date of the sale, to be deposited in escrow with Guaetta and Benson, LLC, at 73 Princeton Street, Suite 208, North Chelmsford, Massachusetts. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder or, thereafter, to the next highest bidders, providing that said bidder shall deposit with said attorney, the amount of the required deposit as set forth herein within five (5) business days after written notice of the default of the previous highest bidder. Other terms, if any, are to be announced at the sale. Dated: December 3, 2024 Present holder of said mortgage NewRez LLC d/b/a Shellpoint Mortgage Servicing by its Attorneys Guaetta and Benson, LLC Peter V. Guaetta, Esquire P.O. Box 519 Chelmsford, MA 01824 Ad# 90408 12/12/2024,12/19/2024 12/26/2024