MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by NANCY A. HYATT and GENE E. HYATT to GREYLOCK FEDERAL CREDIT UNION, dated September 11, 2009, and recorded on September 16, 2009, with the Berkshire Middle District Registry of Deeds in Book 4396, Page 336, 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 Thirteenth (13th) day of May, 2021, at the mortgaged premises described below, to wit, 2312 State Road, Richmond, Massachusetts, all and singular, the premises in said Richmond, Berkshire County, Massachusetts, described in said Mortgage, to wit: All that real estate which Levi R. Pierson conveyed to Benjamin Cone by deed dated April 19, 1856 and recorded at Pittsfield in Book No. 149, page 234 which is described in said deed as follows to wit:- The following described real estate situate in said Richmond commencing in the west line of the highway leading southerly from Richmond Depot to West Stockbridge and in the south line of lands owned by Samuel Payne; thence westerly on said Payne's south line to the brook, thence southerly on the center of the brook to lands owned by William Hubbard; thence easterly on said Hubbard's north line to the aforementioned highway; thence northerly on said highway to the place of beginning. Said premises containing eight (8) acres of land be the same more or less with the buildings thereon. Said premises are the same conveyed to said Levi R. Pierson by Henry Fairbanks by his deed to which reference is made for a more particular description and the same conveyed to Sarah A. Emmons by Lomis M. Joyner by his deed dated the 20th of June A.D. 1868 to which deed reference can be had. Being also the same premises conveyed to Julian M. Harris by Elmore Emmons by deed dated January 12, 1885 and recorded in said Registry in Book 257, Page 607 Being the same premises conveyed to William Wesley Green and Caroline H. Green, Husband and Wife to hold as Tenants by the Entirety, by deed of Julian M. Harris, dated January 18, 1937 and recorded in the Berkshire Middle District Registry of Deeds in Book 475, Page 348. There is excepted and reserved from the above-described premises those two parcels of land heretofore conveyed by said William Wesley Green and Caroline H. Green; the first by deed dated March 7, 1942, to Thomas E. Houle, et ux, and recorded in said Registry of Deeds in Book 496, Page 498; the second by deed dated August 18, 1960, to Gertrude M. Bosburg, et ux, and recorded in said Registry of Deeds in Book 710, Page 243, to which deed reference is made for further description of the excepted premises. Being the same premises conveyed to the mortgagors herein by deed of Thomas B. Thomas and Joanna M. Thomas dated March 15, 1971 and recorded in the Berkshire Middle District Registry of Deed March 29, 1971 in Book 903, Page 172&c. 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. GREYLOCK FEDERAL CREDIT UNION, Holder of Said Mortgage Date: April 6, 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 55896, 55898 04/20/2021, 04/27/2021, 05/04/2021
May 04, 2021 (Expired).
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