Ads for Courtney, Lee & Hamel PC in Pittsfield, MA

NOTICE OF SALE MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by SHARASWATI INC to BERKSHIRE BANK, dated and recorded September 25, 2015 in the Berkshire Northern District Registry of Deeds in Book 1577 Page 682 (the "Mortgage"), the undersigned being the present holder of said Mortgage, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same, there will be sold at public auction on Thursday August 6, 2026 at 1:00 PM on the mortgaged premises at 213 Main Street Williamstown Massachusetts (the "Premises"), all and singular the Premises described in said mortgage, to wit: EXHIBIT A Commencing at a stone bound at the northeasterly corner of land described in the deed of Arthur G. Siciliano et ux to Michael Haddad, Sr., et ux, dated June 22, 1972, recorded with the Northern Berkshire Registry of Deeds at Adams, Massachusetts in Book 647, Page 780; Thence South 71 degrees 34' East, one hundred thirty-nine and eighty-four one hundredths (139.84) feet to an iron pin at the northwesterly corner of land now or formerly of one Dennett; Thence South 16 degrees 30' West, two hundred fifty (250) feet to an iron pin; Thence North 71 34' West, one hundred thirty-nine and eighty-four one hundredths (139.84) feet to a point; Thence South 16 30' West, seven hundred eighty-nine and fifty-five one hundreds (789.55) feet to a stone monument; Thence North 68 30' West, one hundred sixty-nine feet (169) to a stone bound; Thence North 16 26' East, eight hundred forty-two (842) feet, more or less, to the southwesterly comer of the above-described land conveyed by Siciliano to Haddad; Thence South 71 22' East, fifty-three and ninety-four one hundredths (53.94) feet to a point; Thence North 55 31' East, eighty-eight and forty-six one hundredths (88.46) feet to a point; Thence South 73 20' East, fifty-nine (59) feet to a point; Thence North 16 30' East, one hundred sixteen (116) feet to the point of beginning. The last four courses being along the above-described land conveyed by Siciliano to Haddad. Together with the following described easements appurtenant to the land above described, the servient tenant being the premises described in the deed of Arthur G. Siciliano et ux to Michael Haddad, Sr., et ux, dated June 22, 1972, recorded with said Registry in Book 647, Page 780; (1) That portion of the land conveyed lying easterly of a line in extension both northerly and southerly of the easterly face of the building upon the premises conveyed shall be kept free from all structures. (2) A right of way for all the usual purposes of travel extending from the more easterly of the two entrances from the State Highway southerly, southeasterly and southwesterly to other lands of the grantor, Arthur G. Siciliano et ux situate easterly and southerly of the granted premises. (3) Easement for the maintenance and replacement of the existing water, gas and sewer lines running through such area easterly of the building on the premises conveyed; such easement to include the right to alter the course of such lines within such area, to include the rights to increase the capacity of such lines, and the incidental rights of entry for the performance of such work; the ground surface to be restored as nearly as possible to the condition in which it was prior to any excavation. (4) Easement of drainage of surface water from lands lying easterly and southerly of the premises herein conveyed over the surface of the above-described area easterly of the building upon the premises conveyed to the manhole situate easterly of the northeasterly comer of the premises herein conveyed all as it presently exists. (5) Pole and line easement for electrical and telephone service extending from the northwesterly comer of the premises herein conveyed southeasterly to other lands of the grantor situate southerly thereof. (6) Subject further to the restriction that the granted premises shall not be used for the following described business: (a) an automobile service station, (b) the type of business known as a "fast food outlet" where articles of food are sold as distinguished from complete dinners to be eaten on the premises." Subject to sewer line easement taken by the Town of Williamstown by orders dated March 11, 1963, recorded with said Registry in Book 576, Page 289, and order dated July 29, 1963, in Book 579, Page 95, and shown on plan filed in Book 240F, Page 130. Being the same premises conveyed to the mortgagor herein by deed of Govardhan, Inc., dated September 25, 2015, and recorded with the Northern Berkshire Registry of Deeds in Book 1577, Page 678. 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 this 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 Premises and the right of redemption, if any, to the Internal Revenue Service. 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: FIFTY THOUSAND and 00/100 ($50,000.00) 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 Thomas J. Hamel, Esq., Courtney Lee & Hamel, PC, 31 Wendell Avenue, Pittsfield, Massachusetts 01201. 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 6% buyer 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 that the next highest bidder shall deposit with the mortgagee's attorney, said Thomas J. Hamel, Esq., the amount of the required deposit and execute an agreement similar to said Memorandum of Sale, within three (3) business days after written notice of default of the previous highest bidder. Title shall be conveyed to the next highest bidder within