Webster Times - Stonebridge Press and Villager Newspapers
Webster Times - Stonebridge Press and Villager Newspapers
Webster Times - Stonebridge Press and Villager Newspapers
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6 • THE WEBSTER TIMES • www.webstertimes.net<br />
Friday, April 16, 2010<br />
NOTICE OF MORTGAGEE’S SALE OF<br />
REAL ESTATE<br />
Premises: 26 Central Avenue a/k/a<br />
9 Cross Street,<br />
Dudley, Massachusetts<br />
By virtue <strong>and</strong> in execution of the Power of<br />
Sale contained in a certain mortgage given<br />
by Edwin D. Eames <strong>and</strong> Jeanne C. Eames to<br />
Mortgage Electronic Registration Systems,<br />
Inc., as Nominee for Equity One Inc. <strong>and</strong><br />
now held by Bayview Loan Servicing, LLC,<br />
said mortgage dated July 26, 2005, <strong>and</strong><br />
recorded in the Worcester County Worcester<br />
District Registry of Deeds in Book 36961 at<br />
Page 275, for breach of the conditions in said<br />
Mortgage <strong>and</strong> for the purpose of foreclosing<br />
the same will be sold at: Public Auction on<br />
April 23, 2010 at 11:00 AM. Local Time upon<br />
the premises, all <strong>and</strong> singular the premises<br />
described in said mortgage, to wit: Two certain<br />
parcels of l<strong>and</strong> with buildings thereon of<br />
every nature <strong>and</strong> all the privileges <strong>and</strong><br />
appurtenances thereto belonging, situated in<br />
Town of Dudley, Worcester County,<br />
Massachusetts at the junction of Cross<br />
Street <strong>and</strong> Central Avenue Extension,<br />
bounded <strong>and</strong> described as follows: FIRST: A<br />
tract situated on the westerly side of said<br />
extension, bounded; BEGINNING at a point<br />
on the westerly side of said extension at its<br />
junction with said Cross Street; THENCE<br />
westerly by said Cross Street, ninety (90)<br />
feet to a stake; THENCE southerly sixty-six<br />
(66) feet to a stake; THENCE easterly ninety<br />
(90) feet to westerly line of said extension;<br />
THENCE northerly by said extension, sixtysix<br />
(66) feet to point of beginning. TOGETH-<br />
ER with a right of way over said extension as<br />
granted in deed of Lawrence Boyne to<br />
Thomas McQuaid. Granting also all rights<br />
vested in a certain cesspool on premises<br />
now or formerly of one Dutram. SECOND: A<br />
tract situated easterly part of said Dudley on<br />
said Central Avenue Extension bounded;<br />
BEGINNING at a stake on the W. Side of<br />
extension, being the N.E. corner of premises<br />
hereby conveyed; THENCE S. 17 degrees W.<br />
two hundred eighteen <strong>and</strong> three tenths<br />
(218.3) feet, more or less, by said extention<br />
to a stake at l<strong>and</strong> formerly of John Platt;<br />
THENCE westerly ninety (90) feet, more or<br />
less, by l<strong>and</strong> of said Platt to a post; THENCE<br />
Northerly two hundred eighteen <strong>and</strong> three<br />
tenths (218.3) feet, more or less, by l<strong>and</strong> of<br />
one Laprise <strong>and</strong> formerly of one McMahon to<br />
a post at l<strong>and</strong> formerly of one McQuaid;<br />
THENCE easterly by l<strong>and</strong> of said McQuaid,<br />
ninety <strong>and</strong> three tenths (90.3) feet, more or<br />
less, to a point of beginning. Excepting from<br />
second tract described, so much l<strong>and</strong> sold to<br />
Antoine Decelles, Jr. et ux dated August 19,<br />
1922, recorded in Book 2277, Page<br />
182.Subject to all rights, restrictions, reservations<br />
<strong>and</strong> easements of record insofar as<br />
the same are in force <strong>and</strong> applicable. For<br />
title reference see Deed Book 23224, Page<br />
191 & 192. Property Address: 26 Central<br />
Avenue/9 Cross Street Dudley, MA<br />
The description of the property contained in<br />
the mortgage shall control in the event of a<br />
typographical error in this publication. For<br />
Mortgagor’s Title see deed dated November<br />
17, 2000 <strong>and</strong> recorded in Book 23224 at<br />
Page 191 with the Worcester County<br />
Worcester District Registry of Deeds.<br />
TERMS OF SALE: Said premises will be sold<br />
<strong>and</strong> conveyed subject to all liens, encumbrances,<br />
unpaid taxes, tax titles, municipal<br />
liens <strong>and</strong> assessments, if any which take<br />
precedence over the said mortgage above<br />
described. FIVE THOUSAND ($5,000.00)<br />
Dollars of the purchase price must be paid in<br />
cash, certified check, bank treasurer’s or<br />
cashier’s check at the time <strong>and</strong> place of the<br />
sale by the purchaser. The balance of the<br />
purchase price shall be paid in cash, certified<br />
check, bank treasurer’s or cashier’s check<br />
within thirty (30) days after the date of sale.<br />
Other terms to be announced at the sale.<br />
Marinosci Law Group, P.C., 1575 South<br />
County Trail, East Greenwich, RI 02818<br />
Attorney for Bayview Loan Servicing, LLC<br />
Present Holder of the Mortgage (401) 234-<br />
9200 MLG File No. 09-01914FC, 682551 4/2,<br />
4/9, 04/16/2010-<br />
April 2, 2010<br />
April 9, 2010<br />
April 16, 2010<br />
NOTICE OF MORTGAGEE’S SALE OF<br />
REAL ESTATE<br />
By virtue <strong>and</strong> in execution of the Power of<br />
Sale contained in a certain Mortgage given<br />
by Catherine F. Ellis <strong>and</strong> Michael J. Ellis to<br />
Mortgage Electronic Registration Systems,<br />
Inc., acting solely as nominee for Fremont<br />
Investment & Loan dated December 15,<br />
2006 <strong>and</strong> recorded with the Worcester<br />
County Registry of Deeds in Book 40356,<br />
Page 145 of which mortgage Greenwich<br />
Investors XXVI, LLC is the present holder, for<br />
breach of the conditions of said mortgage<br />
<strong>and</strong> for the purpose of foreclosing, the same<br />
will be sold at Public Auction at 11:00 a.m.<br />
on April 26, 2010 at 41 Batten Street,<br />
<strong>Webster</strong>, Worcester County, Massachusetts,<br />
all <strong>and</strong> singular the premises described in<br />
said mortgage,<br />
TO WIT:<br />
The l<strong>and</strong> with buildings thereon situated<br />
on the easterly side of Batten Street, in the<br />
Town of <strong>Webster</strong>, bounded <strong>and</strong> described as<br />
follows:<br />
BEGINNING at the northwesterly corner<br />
of the premises herein described at a point<br />
on the easterly line of said Batten Street,<br />
said point being the southwesterly corner of<br />
l<strong>and</strong> now or formerly Joseph N. Gelineau et<br />
ux;<br />
THENCE from said easterly line of<br />
Batten Street northeasterly with an interior<br />
angle of 93° 52’ a distance of One Hundred<br />
Twenty <strong>and</strong> 41/100ths (120.41) feet by l<strong>and</strong><br />
of said Gelineau <strong>and</strong> partly by l<strong>and</strong> now or<br />
formerly of Florian Rudzinski et ux;<br />
THENCE southerly with an interior angle<br />
of 86°08’ a distance of One Hundred eight<br />
<strong>and</strong> 5/10ths (108.5) feet by Lot #8 to a point<br />
on the northerly line of a proposed road;<br />
THENCE westerly <strong>and</strong> at right angle to<br />
the last mentioned course a distance of one<br />
hundred twenty (120) feet along the northerly<br />
line of said proposed road to a point on the<br />
easterly line of said Batten Street;<br />
THENCE northerly <strong>and</strong> at right angle to<br />
the last mentioned course a distance of One<br />
hundred (100) feet along the easterly line of<br />
said Batten Street to the point of beginning.<br />
Also granting the right of way over<br />
Batten Street northerly from the southerly<br />
bound of the described premises to the public<br />
way beginning at the northerly bound of<br />
the described premises.<br />
Being Lot #4 as shown on a plan of lots<br />
title “Pine Grove Park Addition” owned by<br />
Alphonse Esposito, dated July 25, 1965,<br />
drawn by A.R. Klebart Engineer.”<br />
Being the same premises conveyed to<br />
the mortgagors by Deed dated December 5,<br />
2006 <strong>and</strong> recorded with the Worcester<br />
County Registry of Deeds in Book 40356,<br />
Page 143.<br />
TERMS OF SALE:<br />
A deposit of Ten Thous<strong>and</strong> ($10,000.00)<br />
Dollars by certified or bank check will be<br />
required to be paid by the purchaser at the<br />
time <strong>and</strong> place of sale. The balance is to be<br />
paid by certified or bank check at Perry,<br />
Krumsiek & Jack, LLP 101 Arch Street, 19 th<br />
Floor, Boston, Massachusetts, 02110, within<br />
thirty (30) days from the date of sale. Deed<br />
will be provided to purchaser for recording<br />
upon receipt in full of the purchase price. The<br />
description of the premises contained in said<br />
mortgage shall control in the event of an<br />
error in this publication.<br />
Other terms, if any, to be announced at<br />
the sale.<br />
GREENWICH INVESTORS XXVI, LLC<br />
Present holder of said mortgage<br />
By its attorneys,<br />
Perry, Krumsiek & Jack, LLP<br />
101 Arch Street, 19th Floor<br />
Boston, MA 02110<br />
(617) 720-4300<br />
April 2, 2010<br />
April 9, 2010<br />
April 16, 2010<br />
MORTGAGEE’S SALE OF REAL ESTATE<br />
By virtue <strong>and</strong> in execution of the Power<br />
of Sale contained in a certain mortgage<br />
given by Mark Henderson to “MERS”,<br />
Mortgage Electronic Registration Systems,<br />
Inc., a separate corporation that is acting<br />
solely as nominee for Accredited Home<br />
Lenders, Inc. “Lender” <strong>and</strong> its successors<br />
<strong>and</strong> assigns dated January 30, 2007 <strong>and</strong><br />
recorded with the Worcester County<br />
(Worcester District) Registry of Deeds, in<br />
Book 40599, Page 256, of which mortgage<br />
the undersigned is the present holder, for<br />
breach of the conditions of said mortgage<br />
<strong>and</strong> for the purpose of foreclosing the same<br />
will be sold at Public Auction at 11:00 AM,<br />
on April 23, 2010, on the premises known as<br />
Unit 5 of the 8-16 Second Avenue<br />
Condominium 16 Second Avenue, Dudley,<br />
Massachusetts, the premises described in<br />
said mortgage, together with all the rights,<br />
easements, <strong>and</strong> appurtenances thereto, to<br />
wit:<br />
Unit 5 (the “Unit”) a Unit in the Condominium<br />
located at 16 Second Avenue, Dudley,<br />
Massachusetts, known as the 8-16 Second<br />
Avenue Condominium, (the “Condominium”),<br />
created pursuant <strong>and</strong> subject to the provisions<br />
of Chapter 183A of the General Laws<br />
of Massachusetts, by Master Deed dated<br />
September 29, 2006, <strong>and</strong> recorded in the<br />
Worcester South District Registry of Deeds<br />
in Book 39881, Page 34.<br />
Property Post Office address is: 16 Second<br />
Avenue, Dudley, Worcester County,<br />
Massachusetts.<br />
The Unit is conveyed together with an undivided<br />
20% percentage interest appertaining<br />
to said Unit in the common areas <strong>and</strong> facilities<br />
of the Condominium, together with the<br />
rights <strong>and</strong> easements appurtenant to the<br />
Unit as set forth in the said Master Deed.<br />
The Unit contains approximately 2,084<br />
square feet, <strong>and</strong> is laid out as shown on a<br />
plan attached hereto, to which is affixed the<br />
verified statement of a registered l<strong>and</strong> surveyor<br />
certifying that the plan shows the unit<br />
designation of the Unit hereby conveyed <strong>and</strong><br />
of the<br />
immediately adjoining unit, <strong>and</strong> that it fully<br />
<strong>and</strong> accurately depicts the layout of the Unit,<br />
its location, dimensions, approximate area,<br />
main entrance, <strong>and</strong> immediate common area<br />
to which it has access, as built.<br />
The Unit hereby conveyed is intended to be<br />
used for residential purposes, <strong>and</strong> is subject<br />
to the restrictions, as set forth in said Master<br />
Deed, <strong>and</strong> the 8-16 Second Avenue<br />
Condominium Trust dated September 29,<br />
2006, recorded in the Worcester District<br />
Registry of Deeds in Book 39881, Page 48.<br />
These restrictions shall be for the benefit of<br />
all Unit Owners <strong>and</strong> shall be administered on<br />
behalf of the Unit Owners by the Trustee of<br />
the Condominium Trust <strong>and</strong> shall be enforceable<br />
solely by one or more Unit Owners or<br />
Trustees, insofar as permitted by law, <strong>and</strong>,<br />
insofar as permitted by law shall be perpetual;<br />
<strong>and</strong> to that end may be executed at such<br />
time or times <strong>and</strong> in such manner as permitted<br />
or required by law for the continued<br />
enforceability thereof. No Unit owner shall be<br />
liable for any breach of the provisions of this<br />
LEGALS<br />
paragraph except such as occur during his or<br />
her Unit ownership.<br />
The Unit <strong>and</strong> the undivided interest in said<br />
common areas <strong>and</strong> facilities hereby conveyed<br />
are conveyed (i) subject to the provisions<br />
of said Chapter 183A <strong>and</strong> to taxes<br />
attributable thereto for the current fiscal year<br />
as are not now due <strong>and</strong> payable; (ii) subject<br />
to <strong>and</strong> with the benefit of the provisions <strong>and</strong><br />
all the rights, restrictions, easements, agreements<br />
<strong>and</strong> other matters referred to or set<br />
forth in said Master Deed (including, with out<br />
limitation, in Exhibit “A” thereof), <strong>and</strong> the<br />
Declaration of Trust for the said 8-16 Second<br />
Avenue Condominium Trust dated<br />
September 29, 2006, <strong>and</strong> recorded in the<br />
Worcester South District Registry of Deeds,<br />
in Book 39881, Page 48, <strong>and</strong> the By-Laws<br />
contained therein <strong>and</strong> the obligations thereunder<br />
to pay the proportionate share attributable<br />
to said Unit of the expenses of the<br />
Condominium set forth in said Declaration of<br />
Trust; all as amended from time to time in<br />
accordance with their terms; (iii) subject to all<br />
easements, restrictions, agreements <strong>and</strong><br />
other assume <strong>and</strong> pay; <strong>and</strong> (iv) subject to<br />
real estate taxes attributable to said Unit<br />
which are not yet due <strong>and</strong> payable.<br />
Being the same premises conveyed to<br />
the Mortgagor by a deed recorded in<br />
Worcester District Registry of Deeds in Book<br />
40599, Pg 252.<br />
Terms of Sale: These premises are<br />
being sold subject to any <strong>and</strong> all unpaid real<br />
estate taxes, water rates, municipal charges<br />
<strong>and</strong> assessments, condominium charges,<br />
expenses, costs, <strong>and</strong> assessments, if applicable,<br />
federal tax liens, partition wall rights,<br />
statutes, regulations, zoning, subdivision<br />
control, or other municipal ordinances or<br />
bylaws respecting l<strong>and</strong> use, configuration,<br />
building or approval, or bylaws, statutes or<br />
ordinances regarding the presence of lead<br />
paint, asbestos or other toxic substances,<br />
sanitary codes, housing codes, tenancy, <strong>and</strong>,<br />
to the extent that they are recorded prior to<br />
the above mortgage, any easements, rights<br />
of way, restrictions, confirmation or other<br />
matters of record.<br />
Purchaser shall also bear all state <strong>and</strong><br />
county deeds excise tax. The deposit of<br />
$5,000.00 is to be paid in cash or bank or<br />
certified check at the time <strong>and</strong> place of the<br />
sale, with the balance of the purchase price<br />
to be paid by bank or certified check within<br />
thirty (30) days after the date of the sale, to<br />
be deposited in escrow with Guaetta <strong>and</strong><br />
Benson, LLC, at 229 Billerica Road,<br />
Chelmsford, Massachusetts.<br />
In the event that the successful bidder at<br />
the foreclosure sale shall default in purchasing<br />
the within described property according<br />
to the terms of this Notice of Sale <strong>and</strong>/or the<br />
terms of the Memor<strong>and</strong>um of Sale executed<br />
at the time of the foreclosure, the Mortgagee<br />
reserves the right to sell the property by foreclosure<br />
deed to the second highest bidder or,<br />
thereafter, to the next highest bidders, providing<br />
that said bidder shall deposit with said<br />
attorney, the amount of the required deposit<br />
as set forth herein within five (5) business<br />
days after written notice of the default of the<br />
previous highest bidder.<br />
Other terms, if any, are to be announced<br />
at the sale.<br />
Present holder of said mortgage<br />
U.S. Bank National Association, as Trustee,<br />
for the Certificate Holders Citigroup<br />
Mortgage Loan Trust, Inc. Asset-Backed<br />
Pass-Through Certificates Series 2007-<br />
AHL3<br />
by its Attorneys<br />
Guaetta <strong>and</strong> Benson, LLC<br />
Peter V. Guaetta, Esquire<br />
P.O. Box 519<br />
Chelmsford, MA 01824<br />
March 29, 2010<br />
April 2, 2010<br />
April 9, 2010<br />
April 16, 2010<br />
NOTICE OF MORTGAGEE’S SALE OF<br />
REAL ESTATE<br />
Premises: 156 Leicester Street,<br />
North Oxford Massachusetts<br />
By virtue <strong>and</strong> in execution of the Power<br />
of Sale contained in a certain mortgage<br />
given by Akbar Jafari to Mortgage Electronic<br />
Registration Systems, Inc. as nominee for<br />
BankUnited, FSB <strong>and</strong> now held by<br />
BankUnited, said mortgage dated 9/7/2007,<br />
<strong>and</strong> recorded in the Worcester County<br />
(Worcester District) Registry of Deeds, in<br />
Book 41794 at Page 44, for breach of the<br />
conditions of said mortgage <strong>and</strong> for the purpose<br />
of foreclosing the same, will be sold at<br />
Public Auction on April 23, 2010 at 11:00 am<br />
Local Time upon the premises, all <strong>and</strong> singular<br />
the premises described in said mortgage,<br />
to wit:<br />
The l<strong>and</strong>, with the buildings <strong>and</strong> improvements<br />
thereon, situated on the easterly side<br />
of Leicester Street in the Town of Oxford,<br />
Worcester County, Massachusetts, <strong>and</strong> to<br />
which plan reference is made for a more particular<br />
description.<br />
BEGINNING at the northwesterly corner<br />
thereof at an iron pipe driven in the ground<br />
on the easterly bound of said Leicester<br />
Street, said point of beginning being also the<br />
southwesterly corner of l<strong>and</strong> now or formerly<br />
of one Tozzi, said iron pipe being six hundred<br />
four <strong>and</strong> eight tenths (604.8) feet southerly<br />
measured along the easterly bound of said<br />
Leicester Street from a cement boundary<br />
post at the southwesterly corner of l<strong>and</strong> now<br />
or formerly of Comins & Son;<br />
THENCE South 88 degrees 55’ East a distance<br />
of four hundred thirty-nine <strong>and</strong> six<br />
tenths (439.6) feet, more or less, by said<br />
Tozzi l<strong>and</strong> to a stake at l<strong>and</strong> now or formerly<br />
of one David Russell Taft;<br />
THENCE South 6 degrees 06’ West a distance<br />
of one hundred fourteen (114) feet,<br />
more or less, by l<strong>and</strong> of said Taft to an iron<br />
pipe driven in the ground;<br />
THENCE South 8 degrees 38’ West a distance<br />
of one hundred (100) feet by l<strong>and</strong> of<br />
said Taft to a stake at other l<strong>and</strong> of said Taft;<br />
THENCE North 87 degrees 34’ West a distance<br />
of four hundred thirty-two <strong>and</strong> four<br />
tenths (432.4) feet, more or less, to an iron<br />
pipe driven in the ground in the easterly<br />
bound of said Leicester Street;<br />
THENCE North 6 degrees 10’ East a distance<br />
of two hundred five (205) feet by said<br />
easterly bound of said Leicester Street to an<br />
open pipe at the place of beginning.<br />
EXCEPTING the tracts conveyed for highway<br />
purposes <strong>and</strong> recorded at the Worcester<br />
District Registry of Deeds in Book 4415,<br />
Page 208 <strong>and</strong> Book 4486, Page 543 <strong>and</strong><br />
Plan Book 275, Plan 124.<br />
For title see Deed dated December 21, 2001<br />
in Book 25569, Page 138.<br />
Parcel ID: 02B-C05<br />
The description of the property that<br />
appears in the mortgage to be foreclosed<br />
shall control in the event of a typographical<br />
error in this publication.<br />
For Mortgagors’ Title see deed dated<br />
12/21/2001, <strong>and</strong> recorded in Book 25569 at<br />
Page 138 with the Worcester County<br />
(Worcester District) Registry of Deeds.<br />
TERMS OF SALE: Said premises will be<br />
sold <strong>and</strong> conveyed subject to all liens,<br />
encumbrances, unpaid taxes, tax titles,<br />
municipal liens <strong>and</strong> assessments, if any,<br />
which take precedence over the said mortgage<br />
above described.<br />
FIVE THOUSAND ($5,000.00) Dollars of<br />
the purchase price must be paid in cash, certified<br />
check, bank treasurer’s or cashier’s<br />
check at the time <strong>and</strong> place of the sale by the<br />
purchaser. The balance of the purchase price<br />
shall be paid in cash, certified check, bank<br />
treasurer’s or cashier’s check within thirty<br />
(30) days after the date of sale.<br />
Other terms to be announced at the<br />
sale.<br />
BENDETT & MCHUGH, PC<br />
160 Farmington Avenue<br />
Farmington, CT 06032<br />
Attorney for BankUnited<br />
Present Holder of the Mortgage<br />
(860) 677-2868<br />
April 2, 2010<br />
April 9, 2010<br />
April 16, 2010<br />
Commonwealth of Massachusetts<br />
The Trial Court<br />
Probate <strong>and</strong> Family Court<br />
Worcester Division<br />
Docket No. WO10P1029GD<br />
CITATION GIVING NOTICE OF PETITION<br />
FOR APPOINTMENT OF GUARDIAN FOR<br />
INCAPACITATED PERSON PURSUANT TO<br />
G.L. c. 190B, §5-304<br />
In the matter of: Martha Gravelin<br />
Of: <strong>Webster</strong>, MA<br />
RESPONDENT<br />
Alleged Incapacitated Person<br />
To the named Respondent <strong>and</strong> all other<br />
interested persons, a petition has been filed<br />
by Lanessa Healthcare Center of <strong>Webster</strong>,<br />
MA in the above captioned matter alleging<br />
that Martha Gravelin is in need of a<br />
Guardian <strong>and</strong> requesting that Todd Doucette<br />
of Boston, MA (or some other suitable person)<br />
be appointed Guardian to serve<br />
Without Surety on the bond.<br />
The petition asks the court to determine<br />
that the Respondent is incapacitated, that<br />
the appointment of a Guardian is necessary,<br />
<strong>and</strong> that the proposed Guardian is appropriate.<br />
The petition is on file with this court <strong>and</strong><br />
may contain a request for certain specific<br />
authority.<br />
You have the right to object to this proceeding.<br />
If you wish to do so, you or your<br />
attorney must file a written appearance at<br />
this court on or before 10:00 A.M. on the<br />
return date of 04/27/2010. This day is NOT a<br />
hearing date, but a deadline date by which<br />
you have to file the written appearance if you<br />
object to the petition. If you fail to file the written<br />
appearance by the return date, action<br />
may be taken in this matter without further<br />
notice to you. In addition to filing the written<br />
appearance, you or your attorney must file a<br />
written affidavit stating the specific facts <strong>and</strong><br />
grounds of your objection within 30 days<br />
after the return date.<br />
IMPORTANT NOTICE<br />
The outcome of this proceeding may limit or<br />
completely take away the above-named person’s<br />
right to make decisions about personal<br />
affairs or financial affairs or both. The abovenamed<br />
person has the right to ask for a<br />
lawyer. Anyone may make this request on<br />
behalf of the above-named person. If the<br />
above-named person cannot afford a lawyer,<br />
one may be appointed at State expense.<br />
WITNESS, Hon. Denise L. Meagher,<br />
First Justice of this Court.<br />
Date: April 01, 2010<br />
Stephen G. Abraham<br />
Register of Probate<br />
April 16, 2010<br />
Turn To LEGALS, page 7