MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 16 Spruce Street, Great Barrington, Massachusetts 01230 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by DEENA LINN CASWELL and CHRISTOPHER DAVID HALE to LEE BANK, a Massachusetts chartered bank (the "Mortgagee") dated April 7, 2022, and recorded with the Berkshire County (Southern District) Registry of Deeds in Book 2770, Page 1, 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 2:00 PM on the 10th day of July 2025, at the mortgaged premises known as 16 Spruce Street, Great Barrington, Massachusetts 01230, 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.: 0007-00000-008.5 which currently has the address of 16 Spruce Street, Great Barrington, Massachusetts 01230: 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" Legal Description Parcel 5 as shown on a plan entitled "JJAM Development Corp. Definitive Subdivision Plan of Land Surveyed for Charges G. Dukas in Great Barrington, Massachusetts" which plan is dated July - 1990 by Kelly Granger Parsons & Associates, Inc. and recorded with the Berkshire Southern District Registry of Deeds in Plat F-188. Said parcel is further bounded and described as follows: Beginning at an iron pipe to be set in the easterly sideline of Spruce Street at the westerly corner of the premises herein conveyed, Thence N 38 07" 16' E a distance of 117.63 feet to an iron pipe found; Thence S 52 10" 44' E a distance of 165.37 feet to an iron pipe to be set; Thence S 80 15" 45' W a distance of 170.57 feet to an iron pipe to be set in the said westerly sideline of Spruce Street; Thence upon a curve to the left having a radius of 57.50 feet a distance of 53.45 feet to the iron pipe marking the point and place of beginning. Containing, according to said plan, .303 acres, more or less. Being the same premises conveyed to the mortgagors by deed of Elizabeth F. Barrows dated April 7, 2022 and recorded with Berkshire Southern District Registry of Deeds simultaneously herewith." 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 written notice of the 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. If the second highest bidder declines to purchase the Mortgaged Premises, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale. The Foreclosure Deed of the Mortgage Premises shall be delivered, and the balance of the purchase price paid within twenty (20) days of the Public Auction. The successful bidder will be required to execute a Memorandum of Foreclosure Sale containing the above terms at the time and place of sale. Other terms, if any, to be announced at the time and place of sale. Present holder of said mortgage: LEE BANK Attorney for the Mortgagee: William E. Martin MARTIN LAW OFFICES, P.C 36 Cliffwood Street Lenox, Massachusetts 01240 Telephone (413) 347-8962 WEM@martinolawofficespc.com June 17, 2025 June 24, 2025 July 1, 2025 Ad# 94650, 94785 06/17/2025,06/24/2025 07/01/2025
Jun 17, 2025.
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