NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Eric E. Wigglesworth to Mortgage Electronic Registration Systems Inc., as nominee for Academy Mortgage Corporation, dated February 14, 2014 and recorded in the Berkshire County (Middle District) Registry of Deeds in Book 5338, Page 221 of which mortgage the undersigned is the present holder, by assignment from: Mortgage Electronic Registration Systems Inc., as nominee for Academy Mortgage Corporation to Freedom Mortgage Corporation, recorded on November 30, 2015, in Book No. 5663, at Page 63 for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 12:00 PM on March 3, 2021, on the mortgaged premises located at 11 Eleanor Road, Dalton, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: Beginning at a point in the westerly line of Eleanor Road, so-called, which point is one hundred forty-five and twenty-two one-hundredths (145.22) feet southerly from the south line of South Street, thence continuing in a southerly direction along the said westerly line of Eleanor Road a distance of one hundred (100) feet; thence in a westerly direction at an angle of seventy-nine degrees and forty-six minutes (79 46') a distance of one hundred nine and nineteen one-hundredths (109.19) feet to a point; thence in a northerly direction at an interior angle of ninety-six degrees thirty-seven minutes (96 37') a distance of ninety-six and seventeen one-hundredths (96.17) feet to a point; thence in an easterly direction at an interior angle of eighty-four degrees fifty-nine minutes (84 59') a distance of one hundred two and fifty-five one-hundredths (102.55) feet to the westerly line of Eleanor Road and the place of beginning. Meaning and intending hereby to convey Lot Numbered 21 on a certain Plan known as Green Ridge Park, dated August 1, 1952, A. J. Kohlhofer, Engineer. This conveyance is made subject to the right and easement of The New Junction Water Co., Inc. its successors and assigns to lay and maintain water pipes on said Lot in a reasonable manner and near and along the boundary lines of the same. Reference is made to a certain easement on file in the Berkshire Middle District Registry of Deeds in Book 588, Page 414. This conveyance is made subject to an easement to Western Mass. Electric Co. and New England Telephone and Telegraph Company by instrument dated September 19, 1952, and recorded September 22, 1952, in said Registry of Deeds in Book 589, Page 102. To the extent the following reservation is applicable, subject to a reservation to Herbert B. Brown, to himself, his heirs, executors, administrators or assigns, the right to enter in and upon the aforesaid conveyed premises with men, horses and vehicles to other lands now owned by him to the south and east of the conveyed premises in and over certain roadways now established and defined on said conveyed premises for himself, his heirs, executors, administrators or assigns for all usual purposes of a way or road, particularly to preserve, conserve and remove products of said land. The following restrictions are hereby imposed on the above-described parcel, to wit: 1. Only one single family residence to be erected thereon; and no bar, tent, shack, trailer, basement, garage or other outbuilding or structure shall be erected or placed on said lot at any time to be used as a residence temporarily or permanently. 2. No portion f said house, exclusive of unenclosed porches, shall be closer than 40 feet from the westerly line of Eleanor Road or closer than 10 feet from either side line. 3. Said premises shall not be used for the carrying on of any manufacturing, mercantile or other commercial use nor shall they be used for keeping of animals other than household pets. 4. Also subject to the provisions of the Dalton Zoning Act. Being the same premises conveyed to the mortgagors here in by deed of Gary M. Flanagan and Sharon L. Flanagan dated and recorded simultaneously herewith. For mortgagor's(s') title see deed recorded with Berkshire County (Middle District) Registry of Deeds in Book 5338, Page 217. These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication. Other terms, if any, to be announced at the sale. FREEDOM MORTGAGE CORPORATION Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California St. Newton, MA 02458 (617)558-0500 2018050088 AD# 53954 02/03/2021, 02/10/2021 02/17/2021
Feb 03, 2021 (Expired).
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