Ads for Martin Law Offices, P.C. in Lenox, MA

MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 17 Faucett Lane, Pittsfield, Massachusetts 01201 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by JAMES CANINO, JR. and CYNTHIA E. CANINO to LEE BANK, a Massachusetts Chartered Bank (the "Mortgagee") dated September 1, 2015, and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 5617, Page 299, of which the undersigned is the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, there will be sold at Public Auction at 1:00 PM on the 14th day of May 2025, at the mortgaged premises known as 17 Faucett Lane, Pittsfield, Massachusetts 01201, all and singular, the premises described in the Mortgage (the "Mortgaged Premises"), to wit: "the following described property located in the COUNTY of Berkshire: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". A.P.N.: I14-0006-313 which currently has the address of 17 Faucett Lane, Pittsfield, Massachusetts 01201: TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property." Exhibit A to the Mortgage reads as follows: "EXHIBIT A Parcel 1: Being Lot #13, Faucett Lane, Pittsfield, Massachusetts, as shown on a plan entitled "Subdivision Plan of Springside for Timothy O. & Alan E. Taylor on Crane Avenue, Pittsfield", which plan was approved by the Pittsfield Planning Board on October 5, 1987 and recorded in the Berkshire Middle District Registry of Deeds in Drawer O-249. The above property is hereby conveyed subject to the following covenants and restrictions: (1) No lot shall be used except for residential purposes. No buildings shall be erected, altered, placed or permitted to remain on any lot, other than one (1) detached single family dwelling not to exceed two stories in height, and a private garage for not more than two (2) cars. (2) No basic dwelling having a living space of less than 1,250 square feet, excluding the garage, shall be constructed or permitted on any lot. Any dwelling or other construction, including landscaping, shall be completed within one (1) year from the date of issuance of the applicable building permit. (3) No animals of any kind shall be kept or maintain4ed (sic) upon any lot except domestic household pets, provided that they are not kept, bred or maintained for any commercial purposes. (4) No closed fenced walls, picket fences, stockade fences, or other closed structures shall be erected between house and road. (Faucett Lane) (5) No lot shall be used or occupied for a trade or business of any kind other than the practice of a profession by a person residing thereon, if otherwise allowed by law. (6) No trailer, basement, tent, shack, garage or other outbuilding on any lot shall bat (sic) any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (7) No advertising signs shall be erected or maintained on any lot except such as relate to the sale of the same. (8) No truck having a registered capacity of more than one (1) ton shall be garaged on any lot, or otherwise maintained on any lot except for the discharge or loading of cargo or construction. (9) No satellite dish(es), or similar or related signal receiving equipment shall be installed or erected upon any lot or structure which can or may be visible from the street abutting that lot. (10) No boats, unregistered motor vehicles, snowmobiles, campers, trailer or other recreational equipment may be stored on any lot unless garaged or screened from view. (11) Trash, garbage or other waste shall be kept in closed sanitary containers. Such containers shall be placed within a lot area in such a manner as to minimize visibility from a dwelling on any other lot. (12) No exterior tank for the storage of fuel may be maintained on any lot unless buried or housed in an appropriate structure. (13) No vehicle shall be parked on any lot except on a driveway located on a lot. (14) Duration of Restraint - All restrictions, conditions, and covenants imposed upon the lot by this instrument shall continue in full force and effect until November 30, 2013, provided, however, the same may be continued in force and effect thereafter for further periods in compliance with MGLA Chapter 184 and any amendments thereto. Also subject to the benefits, covenants, restrictions and conditions set forth in a certain instrument entitled "Declaration of Covenants and Restrictions Housatonic Valley Development Corp." dated February 24, 1989, and recorded in said Registry of Deeds, in Book 1262, Page 203 & c. By acceptance of this deed the grantees shall without further action on their part, or of Greencroft Common Association, Inc., automatically become a member of the Greencroft Common Association, Inc., and do hereby bind themselves to the By-Laws of said Corporation. Being the same premises conveyed to the mortgagors herein by deed of Federal National Mortgage Association, dated September 9, 1994, and recorded on September 14, 1995 (sic), in the Berkshire Middle District Registry of Deeds, in Book 1456, Page 1207 & c. Parcel 2: Being Parcel "B" shown on the plan entitled "Building Lot Plan of Faucett Lane Extension Surveyed for CMS Homes, Inc.", which plan is recorded in the Berkshire Middle District Registry of Deeds in Plat G, No. 311. Containing according to said Plan 426.74 S.F. Subject to an easement granted to Western Massachusetts Electric Company and Verizon New England, Inc., their successors and assigns, as evidenced by instrument recorded in the said Registry of Deeds in Book 3085, Page 239, insofar as the same may affect the conveyed premises. Being the same premises conveyed to the mortgagors herein by deed of CMS Homes, Inc., dated July 24, 2008 and recorded in the said Registry of Deeds in Book 4113, Page 174." In the event of any typographical error set forth herein in the legal description of the Mortgaged Premises, the description as set forth and contained in the Mortgage shall control by reference. The Mortgaged Premises will be sold subject to and, with the benefit of, all restrictions, easements, improvements, leaseholds, tenancies, occupants, outstanding tax titles, municipal or other public taxes, liens, or other claims in the nature of liens, and existing encumbrances of record having priority over the Mortgage. The Mortgagee makes no representations concerning the condition of the Mortgaged Premises or its compliance with applicable zoning, building, sanitary or other state and/or municipal regulations. TERMS OF SALE: TEN THOUSAND DOLLARS ($10,000.00) will be required to be paid in cash, certified or bank check with no intervening endorsements at the time and place of sale. In the event that the successful bidder at the foreclosure sale shall default in purchasing the Mortgaged Premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, MARTIN LAW OFFICES, P.C., 36 Cliffwood Street, Lenox, Massachusetts 01240, the amount of the required deposit as set forth herein within three (3) business days after writ