Ads for Hashim & Spinola in Pittsfield, MA

MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by DEBORAH J. GALLESE to HOOSAC BANK, dated June 24, 2011, and recorded on June 24, 2011, with the Northern Berkshire Registry of Deeds in Book 1447, Page 365, of which mortgage the undersigned is the present holder as successor by merger between Hoosac Bank and South Coastal Bank, 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 Tenth (10th) day of March, 2021, at the mortgaged premises described below, to wit, 1433 Massachusetts Avenue, North Adams, Massachusetts, all and singular, the premises in said North Adams, Berkshire County, Massachusetts, described in said Mortgage, to wit: TRACT ONE: the land with any and all buildings thereon situate on the northerly side of Massachusetts Avenue, in said North Adams, bounded and described as follows:Lot 2 as shown on plan attached to deed of Joseph A. Koloc to Elizabeth Koloc, dated June 14, 1968, recorded with Northern Berkshire Registry of Deeds at Adams, Massachusetts in Book 617, Page 520, entitled "Plan of Land owned by Joseph Koloc North Adams, Mass. Scale 1" = 80' April, 1968, by G. Breda & W. Konopka", to which reference may be had for more specific dimensions of said lot.This conveyance is made Subject to the right of the owner of Lot 3 as shown on said plan, and their heirs and assigns, to use, maintain, repair and replace the one inch water line across said Lot 2, as shown on said plan; and their right to use, maintain, repair and replace the sewer line across Lot 2, as shown on said plan. Also subject to the right of the owner of Lot 3 to use, maintain, repair and replace the electric line with supporting poles, across said Lot 2 as shown on said plan.Also granting, in common with the owner of Lot 3, to use, maintain, repair and replace the water, sewer and electric lines across Lot 1 as shown on said plan, provided that if any excavation is made on Lot 1, the surface of said lot will be restored by the owner on behalf of which such excavation was made, to a condition reasonably approximating the condition of said surface prior to such excavation. Also granting the right to maintain, use, repair and replace the sewer line running from the house on the premises herein conveyed over a portion of Lot 3, as shown on said plan.Any repairs or replacements to the said water, sewer or electric lines within the area of Lot 1, or beyond to the street mains or line in Wood Street, will be paid for equally by the owners of all lots connected to the line being repaired or replaced. Within the area of Lot 2, the cost will be borne by the owners of Lots 2 and 3 equally. Within the area of Lot 3, the cost will be borne by the owner of Lot 3Also granting the right to travel over the following portions of the driveways outline on said plan, for all the usual purposes of travel, to and from Massachusetts Avenue, to wit: - over that portion of the driveway running north and south along the easterly boundary of the premises herein described, and thence running in an easterly direction to Massachusetts Avenue, in part over land of the Roman Catholic Bishop of Springfield. The driveways shown on said plan will be kept open and free for travel at all times, and will not be obstructed by the parking of vehicles, nor by the placing of materials or other obstructions therein. The cost of repairs to the portion of the driveways running southerly from the pole shown at the northeast corner of Lot 2, and thence easterly to Massachusetts Avenue, shall be borne equally by the owners of the three lots.Subject to the right of the owner of Lot 1, as shown on said plan, to use the driveways outlined on said plan, for all the usual purposes of travel over Lot 2. Subject also to the right of the owners of Lot 3 to use that portion of the driveway that runs north and south along the easterly boundary of the premises herein described.MEANING and INTENDING to convey and hereby expressly conveying, in mortgage, all and the same premises conveyed to Richard H. Koloc, Judith Koloc and Deborah J. Gallese by deed of Richard H. Koloc and Judith Koloc, dated September 12, 2006 and recorded September 22, 2006 with the Berkshire Northern District Registry of Deeds in Book 1264, Page 43; and by deed to Deborah J. Gallese of Richard H. Koloc and Judith Koloc, dated September 18, 2006 and recorded September 22, 2006 with the Northern Berkshire District Registry of Deeds in Book 1264, Page 49.TRACT TWO: the land with any and all buildings thereon situate on the northerly side of Massachusetts Avenue in said North Adams, bounded and described as follows:Lot 1 as shown on plan attached to deed of Henry I. Koloc and Helen Koloc to Elizabeth Koloc, dated March 3, 1978, recorded with Northern Berkshire Registry of Deeds at Adams, Massachusetts in Book 682, Page 763, entitled "Plan of Land Owned by Joseph Koloc, North Adams, Mass., Scale 1" = 80' April, 1968, by C. Breda and W. Konopka", to which reference may be had for more specific dimensions of said Lot.This conveyance is made subject to the right of the owners of Lots 2 and 3, as shown on said Plan, and their heirs and assigns, to use, maintain, repair and replace the one inch water line across said Lot 1 as shown on said Plan; and their right to use, maintain, repair, and replace the sewer line across said Lot 1 as shown on said Plan; provided that is any excavation is made on said Lot 1, the surface of said Lot will be restored by the owner on behalf of which said excavation was made, to a condition reasonably approximating the condition of said surface prior to such excavation. Also subject to the right of the owners of Lots 2 and 3 to maintain, repair and replace the electric line, with supporting poles, across said Lot 1, as shown on said Plan.Also granting the right to connect said Lot 1 to the said water, sewer and electric lines, and thereafter to use the same, if he or she desires to do so. Also granting the right to change the location of the water and electric lines, as they now cross Lot 1, at the expense of the owner of Lot 1, but without detriment to the service to Lots 2 and 3.Any repairs or replacement to the said water sewer or electric lines with the area of Lot 1, or to the street mains or line, will be paid for equally by the owners of all lots connected to the line being repaired or replaced. Within the area of Lot 2, the cost will be borne equally the owners of Lots 2 and 3. Within the area of Lot 3, the cost will be borne by the owner of Lot 3.Also granting the right to travel over the driveways outlined on said plan for all the usual purposes of travel from said Lot 1 to Massachusetts Avenue, including the right to cross land owned by the Roman Catholic Bishop of Springfield. The driveways shown on said plan will be kept open and free for travel at all times, and will not be obstructed by the parking of vehicles, nor by the placing of materials or other obstructions therein. The cost of repairs to the portion of the driveways running southerly from the pole shown at the northeast corner of Lot 2, and thence easterly to Massachusetts Avenue shall be borne equally by the owners of the three lots.Excepting from and out of the above described premises those premises conveyed by Elizabeth Koloc to Gregory E. Kondel by deed dated May 29, 1987, recorded with Northern Berkshire Registry of Deeds in Book 773, Page 538.MEANING and INTENDING to convey and hereby expressly conveying, in mortgage, all and the same premises conveyed to Deborah J. Gallese by deed of Gregory E. Kondel and Virginia Kondel, dated September 18, 2006 and recorded September 22, 2006 with the Berkshire Northern District Registry of Deeds in Book 1264, Page 66.The mortgagor herein subordinates the Estate of Homestead declared by Deborah J. Gallese in instrument dated September 22, 2006 and recorded in the Berkshire Northern District Registry of Deeds in Book 1264, Page 69. 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/