Ads for Halloran & Sage LLC in Hartford, HARTFORD

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Statutory Power of Sale referenced in a certain mortgage given by 311 Partners, LLC to TD Bank, NA dated May 15, 2018 and recorded May 21, 2018 with the Berkshire Middle Registry of Deeds Book 6197, Page 5 and as Document # 41104 on file with Certificate # 8372, the undersigned being the present holder, for breach of the conditions contained in said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 1:00 pm on the 17th day of July, 2025, upon the mortgage premises known as 34 Depot Street, Pittsfield, Massachusetts, being all and singular the premises described in said mortgage, to wit: That certain parcel of land situate in Pittsfield, Berkshire County, Massachusetts, bounded and described as follows: PARCEL I SOUTHWESTERLY by Depot Street, 40.15 feet; NORTHWESTERLY by the southeasterly line of a Way 30 feet wide as shown on the Plan hereinafter mentioned, 89.0 feet NORTHEASTERLY by Lot B as shown on said Plan, 40.15 feet; SOUTHEASTERLY by the northwesterly line of Liberty Street as shown on said Plan, 89.0 feet; Said Parcel being Lot A on Plan 1147-A. PARCEL II NORTHERLY by the southerly line of Morton Place, 53.05 feet; SOUTHEASTERLY by the northwesterly line of Liberty Street as shown on the Plan hereinafter mentioned, 122.43 feet; SOUTHWESTERLY by Lot A as shown on said Plan, 40.15 feet; NORTHWESTERLY by the southeasterly line of Way 30 feet wide, as shown on said Plan, 88.60 feet. Said Parcel being Lot B on Plan 1147-A. For title see Certificate 8372 in Book 41 Page 77. Together with the benefit of an Easement from the City of Pittsfield dated July 28, 1986 and recorded in the Common Records of the Berkshire Middle District Registry of Deeds in Book 1160, Page 62. All said boundaries are determined by the Court to be located as shown on Plan 1147-A, drawn by Barnes & Farnham, Engineers, dated June 9, 1905, as approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate 5. There is appurtenant to both the above described parcels the right to use for all the usual purposes of a street, a strip of land belonging to the Boston and Albany Railroad Company, 30 feet in width extending along the whole western boundary above given. Also the right to use for all the usual purposes of a street, Morton Place, so called, bounding the foregoing premises on the northwest, and extending from the northern end of the western way, above described to North Street (for about 165 feet at its westerly end, said way is 21 feet 9 inches wide and for the remainder of its distance about 24 feet wide). Also the right to use for all the usual purposes of a street a way known as Liberty Street, extending southerly from said Morton Place to the northerly line of said Depot Street, which said Liberty Street increases in width from 26 and 9/10 feet at its northern end to 32 and 9/10 feet at Depot Street, and bounds said premises on the east. The right to use for all usual purposes as aforesaid, said Morton Place, is subject to the provisions in reference thereto contained in deed from Charles W. Sloper, Trustee to Frank Grunow, dated September 2, 1905, filed and registered as Document 11; and also the provisions in deed from said Sloper to Charles H. Burbank et al, dated September 2, 1905, filed and registered as Document 9. The foregoing premises are subject to a right of way granted to Almira L. Cooley and E.D. Jones and Sons Co., by deed dated March 26, 1906 and registered in said Court as Document 23, and also to an easement to E.D. Jones and Sons Co., by deed dated July 16, 1906, and registered as Document 27 in said Court. PARCEL III A certain parcel of land, in said Pittsfield, shown as Parcel "B" as shown on a certain plan of land entitled "PLAN SHOWING DIVISION OF MCKAY ST., Prepared for 34 DEPOT ST. REALTY TRUST and THE CITY OF PITTSFIELD in PITTSFIELD, MASS., Scale 1" = 30', R.D. Jordan, Registered Land Surveyor" dated February, 1978, which plan is recorded in the Berkshire Middle District Registry of Deeds in Book 417-H, Page 56. Together with the Benefit of an Easement from the City of Pittsfield dated July 28, 1986 and recorded in the Common Records of the Berkshire Middle District Registry of Deeds in Book 1160, Page 62. Said Premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior, liens or other enforceable encumbrances or instruments of record entitled to precedence over said mortgage, and subject to, and with the benefit of, all easements, restrictions, reservations and conditions of record having precedence over the Mortgage and subject to all leases, tenancies and/or rights of parties in possession, including rights or claims in personal property installed by tenants or former tenants now located on the subject premises and the right of redemption, if any, to the Internal Revenue Service. Said premises to be sold subject to a first mortgage in favor of MountainOne Bank in the original principal amount of $630,000.00 dated and recorded February 28, 2017 in Book 5923, page 100 and as Document No. 40508 of the Berkshire Middle Land Court. Said premises to be sold at the sale "AS IS WHERE IS." 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: TWENTY THOUSAND and 00/100 ($20,000) DOLLARS in cash, certified or bank check to be paid by the purchaser at the time and place of sale. The successful bidder shall be required to increase the deposit to a full ten (10%) of the purchase price within five (5) business days of the public auction and the balance of the purchase price shall be paid in cash, certified or bank check and the foreclosure deed shall be delivered and accepted within thirty (30) days after the public auction at the offices of Halloran & Sage LLP, 225 Asylum Street Hartford, CT 06103. The successful bidder of the Premises will be responsible for all closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum of Sale containing the terms of sale at the time and place of the public auction. The successful bidder of the Premises shall be subject to a 1% buyer's premium. This mortgagee's sale of real estate may be postponed or adjourned from time to time, if necessary, by the attorney or auctioneer 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. In the event that the successful bidder at the foreclosure sale fails to purchase the described Premises according to the terms of this notice of sale or as provided for in the Memorandum of Sale executed at the time of foreclosure, the mortgagee reserves the right to sell the Premises by foreclosure deed to the next highest bidder provided