Ads for Marcella Associates in Dalton, MA

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by JOHN W. KEARIN, JR., to GREYLOCK FEDERAL CREDIT UNION, dated May 17, 2007, and recorded on May 22, 2007, with the Berkshire Middle District Registry of Deeds in Book 3803, Page 241, modified by Modification Agreement dated February 3, 2015, and recorded in said Registry of Deeds in Book 5514, Page 259, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 10:00 a.m. on the Twenty-Seventh (27th) day of February, 2025, at the mortgaged premises described below, to wit, 384 North Main Road, Otis, Massachusetts, all and singular, the premises in said Otis, Berkshire County, Massachusetts, described in said Mortgage, to wit: PARCEL ONE: Beginning at an iron pin set in the easterly line of the public way known as Route 8, said public way also being known as Lee Road, thence S 66 15' 17" E a distance of 152.87 feet to an iron pin; Thence S 19 55' 26" W a distance of 17.58 feet to an iron pin; Thence S 81 39' 50" E a distance of 185 feet to an iron pin; Thence S 05 30' 32" W a distance of 103.95 feet to an iron pin; Thence N 84 29' 38" W a distance of 345 feet to an iron pin set in the west line of said public way; Thence in an arc the radius of which is 976.29 feet along the easterly line of said public way a distance of 179.31 feet to an iron pin at the point and place of beginning. The above described premises are shown on a plan entitled "Plan of Land Owned by John Kearin, Lee Rd., Otis, Mass. Scale: 1" = 60', Aug. 1985 J.R. Clary, Surveyor" recorded in the Berkshire Middle District Registry of Deeds on October 14, 1986, in Book 417M, Page 68. This conveyance is made subject to a sewer easement given by the mortgagor herein, John W. Kearin, Jr., to the Inhabitants of the Town of Otis, by instrument dated June 28, 1999 and recorded in the said Registry of Deeds in Book 1673, Page 75, on July 9, 1999. Being all and the same premises conveyed to the mortgagor herein, John W. Kearn Jr., by deed of John W. Kearin, a/k/a John Kearin, and Gertrude B. Kearin, dated May 19, 1998, and recorded in Berkshire Middle District Registry of Deeds in Book 1604, Page 672&c. PARCEL TWO: Being Lot #3 as shown on "Plan of Land Surveyed For John W. Kearin and Gertrude B. Kearin, Route #8, Otis, MA., 1" = 40', Date: 7-25-01" prepared by Foresight Land Services. Said plan is filed with the Berkshire Middle District Registry of Deeds in Plat File G, #104, on June 10, 2003. Said Lot #3 contains 0.27 acres of land, more or less. Being all and the same premises, as were conveyed to the mortgagor herein, John W. Kearin, Jr., by deed of John W. Kearin and Gertrude B. Kearin, dated July 12, 2005, and recorded in said Registry of Deeds in Book 3270, Page 114&c. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. 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: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash or by certified check or bank cashier's check by the purchaser at the time and place of sale. The balance is to be paid in cash or by certified or bank cashier's check and the deed shall be delivered within twenty-one (21) days after the public auction at the offices of HASHIM & SPINOLA, 82 Wendell Avenue, Pittsfield, Massachusetts. The purchaser will be responsible for all the closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum containing the terms of this sale. In the event the successful bidder shall default in purchasing the within described premises 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 provided that the second highest bidder shall deposit with the Mortgagee's attorneys, HASHIM & SPINOLA, the amount of the required deposit as set forth herein within three (3) business days after written Notice of 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. This sale may be postponed or adjourned from time to time, if necessary, by the attorney 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. Other terms, if any, to be announced at the time and place of sale. GREYLOCK FEDERAL CREDIT UNION, Holder of Said Mortgage Date: January 27, 2025 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA01201 (413) 499-1304 AUCTIONEER: MARCELLA ASSOCIATES LICENSE NO. 1687 44 Lake Street Dalton, MA 01226 02/04/2025, 02/11/2025, 02/18/2025 Ad# 91306 02/04/2025,02/11/2025 02/18/2025