Ads for McCarter & English, LLP in Boston, MA

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 20 Gregory Farm, LLC to Mortgage Electronic Registration Systems, Inc. as nominee for ECF Fund I LLC, dated October 13, 2023 and recorded with the Berkshire (North) County Registry of Deeds ("Registry") in Book 1838, Page 587, of which mortgage the undersigned Loan Servicer LLC ("Mortgagee") is the present holder by virtue of an Assignment of Mortgage, dated July 7, 2025 and recorded with the Registry in Book 1891, Page 222, for breach of the conditions of said mortgage and for the purpose of foreclosing same will be sold at public auction at 3:00 p.m. on October 22, 2025 on the mortgaged premises being known as 17-19 Bracewell Avenue, North Adams, MA 01247, being all and singular the premises described in said mortgage to wit: Beginning at a point in the north bound of Bracewell Avenue at the southwest corner of land now or formerly of Mary T. Doughterty; Thence running westerly along the north bound of said Bracewell Avenue about sixty-two (62) feet to the southeast corner of land now or formerly of one Warren; Thence running northerly along the east line of land of said Warren about one hundred one and seven-tenths (101.7) feet to land formerly owned by C.O. Hall; Thence easterly along the southerly line of said Hall lot about forty-nine and seventy-five one hundredths (49.75) feet to a post; Thence southerly on lands formerly of Mrs. Orrin Witherell and C.J. Parkhurst about sixty-four (64) feet to the southwest corner of said Parkhurst lot; Thence easterly on the southerly line of said Parkhurst lot to the northwest corner of said land of Mary T. Doughterty; Thence southerly along the westerly line of said land of Doughterty about fifty eight and one tenth (58.1) feet to the point and place of beginning. Also, including a right of way over a strip of land four (4) feet in width along the westerly side of the Doughterty lot and reserving a right of way over a similar strip along the easterly side of the above described premises, to be used in common with the said Doughterty and her heirs and assigns as a driveway. 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 date. The premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, municipal or zoning regulations or requirements, outstanding tax titles, condominium charges, fees, or assessments, municipal or other public or government taxes, assessments, outstanding orders of condition or any municipal requirements, and any liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be, and the rights of tenants and occupants of the premises, if any there be. No representation is made as to the status of any improvements on the mortgaged premises and the Buyer purchases subject to all requirements related thereto. The premises are being sold with the express acknowledgement that the Mortgagee makes no representation or warranty as to the presence or absence as to any wetlands or environmental issue at all, or related to the septic or well systems, if any, or as to any contaminants or other substances, as noted under M.G.L. c. 21E or any other Massachusetts Statute, Code or Regulation does exist, the correction thereof will be at the Buyer's sole cost and expense, and shall be separate from the purchase price. The Buyer shall indemnify and hold harmless Mortgagee from any and all costs, expenses or liability related to any of the aforesaid. No representations, express or implied, are made with respect to any matter concerning the premises, which will be sold "as-is". TERMS OF SALE: A deposit of $10,000.00 shall be paid by the successful bidder to the Mortgagee in cash, by certified or by cashier's check at the time and place of the sale as a deposit. The successful bidder will be required to execute a Memorandum of Sale immediately after the close of the bidding. A second deposit in the amount of ten percent (10%) of the purchase price shall be required to be made payable to the undersigned by certified check or by bank cashier's check within seven (7) calendar days following the date of sale. The balance of the purchase price shall be paid in cash, by certified check, by cashier's check, or other check satisfactory to Mortgagee's attorney within thirty (30) days thereafter at the offices of McCarter & English, LLP, attorneys for the Mortgagee, 265 Franklin Street, Boston, MA 02110, or elsewhere as agreed by the parties, in exchange for which and at such time and place, the deed shall be delivered to the purchaser for recording. The Mortgagee reserves the right to amend the foregoing terms of sale by written or oral announcement made before the auction sale, during the sale thereof or at the commencement or during any postponed sale, the right to bid at the sale, to reject any and all bids, and to postpone the sale up until the time the property is declared sold by the auctioneer. The description of the premises contained in said mortgage shall control in the event of an error in the Notice of Mortgagee's Sale or its publication. OTHER TERMS TO BE ANNOUNCED AT THE TIME AND PLACE OF THE SALE. Dated: September 26, 2025 Signed: Loan Servicer LLC, present holder of said Mortgage, By its Attorneys, McCarter & English, LLP John M. Allen, Esq. Attorney for the Mortgagee 265 Franklin Street Boston, MA 02110 jallen@mccarter.com (617) 449-6500 Ad#97655 10/01/2025