MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by DANIEL ALMEIDA and ASHLEY MOORE to JON A. MACHT and JANET M. MACHT, dated October 25, 2018, and recorded on October 25, 2018, with the Berkshire Middle District Registry of Deeds in Book 6298, Page 38, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 10:00 a.m. on the Ninth (9th) day of March, 2021, at the mortgaged premises described below, to wit, 37 Field Street Extension, Dalton, Massachusetts, all and singular, the premises in said Dalton, Berkshire County, Massachusetts, described in said Mortgage, to wit: Beginning at a point in the easterly line of lot numbered three (3) which lot is shown on a Map entitled "Map of Lands of W.C. Smith & J.H. Kelly, Dalton, Mass., showing easements to Town of Dalton, Scale 1 in. equals 40 feet Sept. 1948, A.F.T. Van Zile, F.M. Zile", which map is certified as having been drawn Sept. 27, 1948, by F.M. Van Zile, and a copy of which map is on file with the Berkshire Middle District Registry of Deeds at Pittsfield, Massachusetts, in Book of Plans 417-B, Page 25, which point is five (5) feet northerly from the southeasterly corner of said lot numbered three (3); thence northerly along said easterly line of said lot numbered three (3) sixty (60) feet to the northeasterly corner of said lot 3; thence westerly along the northerly line of said lot numbered three (3) to the northwesterly corner thereof, a distance of 293.7 feet; thence southerly along the westerly line of said lot numbered three (3) a distance of 51 feet to a southwesterly corner of said lot numbered three (3); thence easterly along a southerly line of said lot 3 a distance of 70 feet to a point marking a corner; thence southerly along a westerly line of said lot numbered three (3) to a point in said line located five (5) feet northerly from the northwesterly corner of lot numbered two (2) as shown on said plan; thence easterly and in a line parallel to the northerly line of said lot numbered two (2) as shown on said Map a distance of 228 feet to the point of beginning. Wherever the word "plan" is used in this description it may be taken to mean the word "Map". Subject to the following: 1. Rights, easements and privileges referred to in deed from Withrop M. Crane, Jr. to William C. Smith and John H. Kelly dated November 26, 1946 and recorded in said Registry in Book 532, Page 361. 2. Easement from William C. Smith and John H. Kelly to the Inhabitants of the Town of Dalton by instrument dated March 15, 1949 and recorded in said Registry in Book 543, Page 458. Meaning and intending to describe and mortgage, and hereby mortgaging, the same premises conveyed to Daniel Almeida and Ashley Moore from Jon Anton Macht and Janet Marie Macht, Trustees of the Jon Anton Macht and Janet Marie Macht Joint Revocable Trust by deed, dated October 25, 2018, recorded in the Middle Berkshire District Registry of Deeds in Book 6298, Page 35. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. 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: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash or by certified check or bank cashier's check by the purchaser at the time and place of sale. The balance is to be paid in cash or by certified or bank cashier's check and the deed shall be delivered within twenty-one (21) days after the public auction at the offices of HASHIM & SPINOLA, 82 Wendell Avenue, Pittsfield, Massachusetts. The purchaser will be responsible for all the closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum containing the terms of this sale. In the event the successful bidder shall default in purchasing the within described premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with the Mortgagee's attorneys, HASHIM & SPINOLA, the amount of the required deposit as set forth herein within three (3) business days after written Notice of Default of the previous highest bidder, and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice. This sale may be postponed or adjourned from time to time, if necessary, by the attorney 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. Other terms, if any, to be announced at the time and place of sale. JON A. MACHT and JANET M. MACHT, Holders of Said Mortgage Date: February 8, 2021 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA 01201 (413) 499-1304 AUCTIONEER: MARCELLA ASSOCIATES LICENSE NO. 1687 44 Lake Street Dalton, MA 01226 AD#s 54551, 54553 02/15/2021, 02/22/2021, 02/27/2021
Feb 14, 2021 (Expired).
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