Ads for Mortgagee's Sale of Real Estate - 0 Main Rd and 0 George Cannon Rd /Tyringham in the Berkshires

MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 0 Main Road and 0 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 WALTER WALKER PALMER and REESE D.A. PALMER, IN THEIR INDIVIDUAL CAPACITIES, AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ANNE SPRING DENNY PALMER, AND AS CO-TRUSTEES UNDER THE GILDER PALMER REVOCABLE TRUST to D + P REAL ESTATE ADVISORS LLC, a Rhode Island limited liability company (the "Mortgagee") dated November 14, 2024, and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 7732, Page 68, 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 11:00 AM on the 4th day of February 2026, at the mortgaged premises known as 0 Main Road and 0 George Cannon Road, Tyringham, Massachusetts 01264, all and singular, the premises described in the Mortgage (the "Mortgaged Premises"), to wit: "Those certain lots or parcels of land located, in the Town of Tyringham, Berkshire County, Massachusetts, as more fully and particularly described on Exhibit A attached hereto and made a part hereof." Exhibit A to the Mortgage reads as follows: "EXHIBIT "A" ALL THOSE PARCELS OR LOTS OF LAND, with the buildings and improvements thereon, if any, situated partially on Main Road, George Cannon Road and Webster Road, in the Town of Tyringham, County of Berkshire, Commonwealth of Massachusetts, being bounded and described as follows: PARCEL I: Being Lot A, containing 36.9 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 1" = 200' ", prepared by Kelly, Granger, Parsons and Associates, Inc. and recorded with the Berkshire Middle District Registry of Deeds in Plat F, #173 (the "Plan"). PROPERTY ADDRESS: (FOR REFERENCE PURPOSES ONLY) 0 Main Road Tyringham, MA AP 405, Lot 03 PARCEL II: Being Lot B, containing 19.866 acres, more or less, as shown on the Plan. Together with a perpetual five foot (5') wide water pipeline easement over Lot 1 and shown as Easement #3 on the Plan for the maintenance, repair, installation and reinstallation of a water pipeline from the Spring House appurtenant to said Lot B on the Plan. 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 kitchenfacilities. Excluding and excepting from the above-described parcel that portion of Lot B shown on the Plan as "Homestead 2.38 Acres To Be Excluded From APR" and more particularly bounded and described as follows: Beginning at a point computed in the southwesterly corner of the parcel herein described, said point being in the easterly line of Main Road and the northerly line of Cannon Road, both as shown on the Plan; running thence N 46 20' 06" W along said Main Road, a distance of 322.32 feet to a point computed; running thence N 44 52' 03" East adistance of 325.00 feet to a point computed; running thence S 50 11' 09" East adistance of 293.43 feet to a point computed, which point is in said northerly line of said Cannon Road; running thence S 38 39' 44" W along said northerly line of Cannon Road, a distance of 215.19 feet to a point computed in said northerly line of Cannon Road; running thence S 41 55' 23" W and continuingalong said northerly line of Cannon Road, a distance of 130.32 feet to the point and place of beginning. PROPERTY ADDRESS: (FOR REFERENCE PURPOSES ONLY) 0 George Cannon Road Tyringham, MA AP 405, Lot 53 PARCEL III: Being Lot C, containing 6.634 acres, more or less, as shown on the Plan. 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 distanceof 100.00 feet to an iron rod to be set; running thence S 47 43' 13" East a distance of 183.50 feet to an iron pipe found; running thence S 47 43' 13" East a distance of 1.50 feet to a point; running thence S 51 36' 14" East 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 ofbeginning. 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'). Subject to the easements reserved and conveyed of record held by Helena Palmer Pappenheimer in the instrument recorded in Book 1857 at Pages 326. PROPERTY ADDRESS: (FOR REFERENCE PURPOSES ONLY) 0 George Cannon Road Tyringham, MA AP 405, Lot 58 PARCEL IV: Being Lot E containing 89.211 acres, more or less, as shown on the Plan. PROPERTY ADDRESS: (FOR REFERENCE PURPOSES ONLY) 0 George Cannon Road Tyringham, MA AP 405, Lot 56" 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, and specifically including: 1. 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, as amended and assigned. 2. 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 with said Registry of Deeds in Book 1859, Page 153. 3. Mortgage given by GILDER PALMER to LEE BANK, dated February 21, 2003 and recorded with said Registry of Deeds in Book 2470, Page 218, and assig