Ads for Weiner Law Firm, P.C. in Springfield, MA

NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 2 Kemble Street Lenox, Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by THE FREDERICK LLC to ADAMS COMMUNITY BANK dated September 18, 2017 and recorded in the Middle Berkshire Registry of Deeds at Book 6054, Page 193 of which mortgage, MA Opportunity Investment, LLC is the present holder by assignment from ADAMS COMMUNITY BANK, dated April 13, 2021 and recorded with said Middle Berkshire Registry of Deeds at Book 6885, Page 275 for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 1:00 pm on the 30th day of June, 2021 at the mortgaged premises located at 2 Kemble Street, Lenox, Massachusetts all and singular the premises described in said mortgage. To wit: PARCEL I Being Lot A, containing two (2) acres on a plan entitled "Plan of Division of Land Prepared for John R. & Linda K. Reardon Town of Lenox, Berkshire County, Massachusetts" dated June 14, 2004, prepared by Sackett Survey Services. Inc., which plan is recorded in the Berkshire Middle District Registry of Deeds in Plat G, No. 363 ("the Plan"). Together with and subject to the following described easements which are more fully depicted on the Easement Plan referred to and contained within that certain Deed from Linda K. Reardon and John R. Reardon to J & N Inn, LLC, which Deed was recorded on June 25, 2008 within Book 3258 at Page 184 therein: 1) Right of Way for the benefit of Lot A as shown on the Plan for ingress and egress over, across, upon and through said Lot B to said Lot A, and designated as "B" on the Easement Plan. This Right of Way is subject to the condition that parking on said Right of Way will be in designated spaces only as shown on the Easement Plan, so as not to block access to said Lot B. The owner of Lot A, their heirs, successors and assigns, shall ensure that no motor vehicles block access to said Lot B. 2) Easement for the benefit of the owner of Lot A to allow for mowing and landscape care in area designated as "C" on the Easement Plan and the owner of Lot A, their heirs, successors and assigns, will hold the owner of Lot B, harmless and indemnify the owner of Lot B from any liability as a result of the owner of Lot A exercising their rights wider this easement. 3.) Easement for the benefit of the of the owner of Lot A to allow the owner of Lot A to enter onto the area designated as "D" on the Easement Plan to maintain said area, subject to the condition that the owner of Lot A shall receive prior written authority from the owner of Lot B to enter onto the property for purposes of maintenance, which authority shall not be unreasonably withheld. This easement is subject to the condition that the owner of Lot B shall have absolute control over the utilization and landscaping of the easement area, which may not be changed or modified by the owner of Lot A without the prior written consent of the owner of Lot B; and further subject to the condition that the owner of Lot A, their heirs, successors and assigns,. holds the owner of Lot B, their heirs, successors and assigns, harmless and indemnifies the owner of Lot B from any liability as a result of the owner of Lot A entering onto the property pursuant to this easement. Subject to an electrical utility easement for the transmission of electricity through currently existing lines from Kemble Street to Lot A, and crossing underground to Lot B and designated as "E" on the Easement Plan. The owner of Lot B shall have the further right to enter onto the property of the owner of Lot A in order to repair or replace said electrical utility line, provided that the owner of Lot B restores the property to the same condition it was in as reasonably as possible after it has entered onto said Lot A for the purpose of maintenance or repair of the electrical utility lines. The owner of Lot B will have unencumbered access to the meter room within the Kemble Inn, located on Lot A as shown on the Plan. Subject to and together with the benefit of easements by and between the Owner of Lot A, their heirs, successors and assigns, and the owner of Lot B, their heirs, successors and assigns, for gas, water, sewer and telephone lines which are located on the respective properties to allow for the continuation of any of these utility lines. The owner of Lot A and the owner of Lot B shall each have the right to enter onto the property of the other in order to repair or replace said utility lines, provided that each restore the property to the same condition it was in as reasonably as possible after it has entered onto the other's property for the purpose of repairing or replacing said utility lines. The Right of Way designated as "A" on the Easement Plan has not been established and there are no rights reserved to the Grantors therein. See also that certain Deed from Linda K. Reardon and John R. Reardon to Amy B. Zuckerman, which Deed was recorded on March 29, 2005 within Book 3258 at Page 184. Further subject to and with the benefit of that certain Declaration of Covenants, Conditions and Restrictions as amended, dated December 22, 1989 and recorded in the said Registry of Deeds in Book 1290, Page 102. Also subject to and with the benefit of that certain Decision of the Town of Lenox, Zoning Board of Appeals dated March 28, 2011 and recorded within the records of the Berkshire Middle District Registry of Deeds in Book 5017 at Page 42 therein. Also subject to and with the benefit of that certain Settlement Agreement recorded within the records of the Berkshire Middle District Registry of Deeds in Book 5017 at Page 47 therein. Being all and the same premises conveyed to the Mortgagor herein by Deed of J&N Inn, LLC dated June 15, 2010 and recorded on June 17, 2010, within the records of the Berkshire Middle District Registry of Deeds in Book 4557 at Page 117 therein. PARCEL II Being Lot 2 on a plan entitled, "Survey of Land in Lenox, Massachusetts Prepared for Margaret Anne Houdek and Richard G. Houdek January 12, 2015," by Taconic Land Consultants, Land Surveyors & Geologists, Environmental Consultants, 44 Imperial Street, Lanesborough, MA 01237, which plan is recorded with the Berkshire Middle District Registry of Deeds in Plat No. M, as Plan No. 82. Said lot contains 1.003 acres. Being the same premises conveyed to the mortgagor by deed of Richard G. Houdek and Margaret Anne Houdek dated May 8, 2015 and recorded in the Berkshire Middle District Registry of Deeds in Book 5549, Page 211. The above premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. The premises are also sold subject to the right of redemption of the United States of America or any of its subsidiaries or divisions, if any there be. In the event of any typographical error set forth herein in the legal description of the premises, the description set forth and contained in the mortgage shall take precedence. Terms of Sale: Cash, certified che