Ads for Mortgagee's Sale of Real Estate - 83 Main St / Tyringham in the Berkshires

MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 83 Main Street, Tyringham, Massachusetts 01264 also known as 83 Main Road and also known as 1 George Cannon Road, Tyringham, Massachusetts 01264 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by GILDER PALMER to LEE BANK, a Massachusetts Chartered Bank dated February 21, 2003, and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 2470, Page 218, and assigned to D + P REAL ESTATE ADVISORS LLC by instrument dated October 20, 2023, and recorded on October 24, 2023, with said Registry of Deeds in Book 7511 Page 116 (the "Mortgagee"), 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 12:00 PM on the 4th day of February 2026, at the mortgaged premises known as 83 Main Street, Tyringham, Massachusetts 01264, also known as 83 Main Road and also known as 1 George Cannon Road, Tyringham, Massachusetts 01264, 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 SCHEDULE ATTACHED HERETO AND MADE A PART HEROF which has the address of 83 MAIN STREET, TYRINGHAM, MASSACHUSETTS, 01264; TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property". Exhibit A to the Mortgage reads as follows: "EXHIBIT "A" PARCEL I: Being Lot B, containing 19.866 acres, more or less, as shown on a plan of land entitled "Plan of Land Surveyed for Four Brooks Farm, Tyringham, Massachusetts, December - 2000, Scale l" = 200' ", prepared by Kelly, Granger, Parsons and Associates, Inc. and recorded with the Berkshire Middle District Registry of Deeds in Plat File F, as Plan 173 (the "Plan"). Said Lot B is mortgaged together with a perpetual five foot (5') wide water pipe line easement over Lot 1 and shown as Easement #3 on the Plan for the maintenance, repair, installation and reinstallation of a water pipe line from the Spring House appurtenant to said Lot B on the Plan. Said Lot B is mortgaged subject to a perpetual water easement to connect to and draw water from the Spring House shown on said Lot B for usual domestic purposes for one (1) single family residence now or hereafter to be located on said Lot 1 containing not more than four (4) bedrooms, three (3) bathrooms and the usual kitchen facilities. Said Easement is described as Easement IV in an Easement Deed from Gilder Palmer to Helena Palmer Pappenheimer dated February 5, 2001 and recorded with said Registry in Book 1857, Page 326. PARCEL II: Being Lot C, containing 6.634 acres, more or less, as shown on the Plan. Said Lot C is mortgaged subject to an easement shown as "Easement #1" on the Plan, containing the Pond and a portion of the tennis court and more particularly bounded and described as follows: Beginning at an iron rod to be set in the northwesterly line of Webster Road; running thence N 57 44' 18" W a distance of 354.48 feet to an iron rod to be set; running thence S 46 56' 47" W a distance of 100.00 feet to an iron rod to be set; running thence S 47 43' 13" E a distance of 183.50 feet to an iron pipe found; running thence S 47 43' 13" E a distance of 1.50 feet to a point; running thence S 51 36' 14" E a distance of 168.26 feet to a 10" Maple Tree/Fence Corner located in said northwesterly line of Webster Road; running thence N 43 56' 08" E, along said northwesterly line of Webster Road a distance of 150.00 feet to the point and place of beginning. Said Easement #1 is described as Easement I in said Easement Deed from Gilder Palmer to Helena Palmer Pappenheimer dated February 5, 2001 and recorded with said Registry in Book 1857, Page 326. See also Easement Deed from Gilder Palmer and Helena Palmer Pappenheimer to Helena Palmer von Gatterburg and Anthony Palmer dated February 5, 2001 and recorded with said Registry in Book 1857, Page 330. Said Lot C is mortgaged subject to an easement shown as "Easement #2 8' Walking Easement (Centered on Iron Rods to be Set)" on the Plan, extending from Hermit Brook to the perpetual easement area surrounding the so-called Duck Pond and portion of the tennis court shown as Easement #1 on the Plan and having a width of eight feet (8'). Said Easement #2 is described as Easement II in said Easement Deed from Gilder Palmer to Helena Palmer Pappenheimer dated February 5, 2001 and recorded with said Registry in Book 1857, Page 326. See also Easement Deed from Gilder Palmer and Helena Palmer Pappenheimer to Helena Palmer von Gatterburg and Anthony Palmer dated February 5, 2001 and recorded with said Registry in Book 1857, Page 330. PARCELS I and II are described as Parcels II and II (sic III) in the deed of Helena Palmer Pappenheimer, Anthony Palmer and Helena Palmer vonGatterburg dated January 31, 2001 and recorded February 5, 2001 in said Registry of Deeds in Book 1857, Page 311. PARCELS I and II are mortgaged subject to a Commonwealth of Massachusetts Agricultural Preservation Restriction granted to the Berkshire Natural Resources Council, Inc. dated February 5, 2001 and recorded with said Registry of Deeds in Book 1857, Page 334 and also subject to the Option to Purchase Real Estate at Agricultural Value attached thereto as Exhibit B. PARCELS I and II are mortgaged subject to a Reciprocal Right of First Refusal Agreement between, Gilder Palmer, George Gilder, Helena Palmer Pappenheimer, Helena Palmer von Gatterburg and Anthony Palmer dated January 31, 2001 and recorded February 8, 2001 with said Registry of Deeds in Book 1859, Page 153." 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 may be sold as a single parcel or as separate parcels. The Mortgagee reserves the right to sell as an individual lot the portion of the Mortgaged Property known as 83 Main Road (a/k/a 83 Main Street) Tyringham, Massachusetts, more particularly descripted as follows: the following described piece or parcel of land situated on the northerly side of Main Road and the westerly side of Cannon Road in Tyringham, Berkshire County, Massachusetts bounded and described as follows: Beginning at a point computed in the approximate northerly sideline of Main Road and the westerly sideline of said Cannon Road, said point being the southeast corner of the parcel herein described; Running thence four courses along the westerly sideline of Cannon Road; N-41-55-23-E a distance of 130.32 feet to a computed point; N-38-39-44-E a distance of 215.19 feet to a computed point in the southerly end of a stonewall, N-38-39-44-E a distance of 199.58 feet following said stone wall to a computed point; N-40-14-48-E a distance of 195.90 feet following said stone wall to an iron rod to be set, said point being the northeast corner of the said parcel; Running thence N-43-46-44-W a distance of 266.27 feet along land of Pappenheimer to a comput