october specials - Southbridge Evening News

6 SPENCER NEW LEADER • Friday, October 1, 2010
LEGALS continued from page 5
NOTICE OF MORTGAGEE'S SALE OF
REAL ESTATE
By virtue and in execution of the Power
of Sale contained in a certain mortgage
given by Christine E. McNamara to Spencer
Savings Bank dated November 21, 2003,
and recorded with the Worcester County
(Southern District) Registry of Deeds in Book
32291 at Page 172, of which mortgage the
undersigned is the present holder, for breach
of the conditions of said mortgage and for the
purpose of foreclosing the same will be sold
at Public Auction at 11:00 A.M. on the 22nd
day of October, 2010 upon the mortgaged
premises described below and being formerly
known as 75 Huntoon Memorial Highway,
Unit 1-6, Leicester, Worcester County,
Massachusetts, all and singular the premises
described in said mortgage,
To wit:
Unit No. 1-6 of LAUREL HEIGHTS CON-
DOMINIUM in Leicester, Massachusetts (the
“Condominium”) created pursuant to Master
Deed dated May 12, 1988, and recorded with
the Worcester District Registry of Deeds on
May 17, 1988 in Book 11327, Page 89, which
Unit is shown on the Floor Plans filed with
the First Amendment to the Master Deed to
which is affixed a verified statement in the
form required by Chapter 183A, Section 9 of
the General Laws of the Commonwealth of
Massachusetts.
The Unit is conveyed with:
1. An undivided 2.78 percentage interest
in the Common Elements as described in
Exhibit C of the Master Deed.
2. The exclusive right and easement to
use the paved driveway areas and parking
space No. 1-6 for parking as shown on the
Site Plan recorded in Plan Book 608, Plan 9,
(site plan).
3. The exclusive right and easement to
use the rear deck area and front entry of the
Unit shown on said Floor Plans recorded in
Plan Book 608, Plan 10.
The Unit is conveyed subject to and with the
benefit of
1. Provisions of Chapter 183A of the
Massachusetts General Laws.
2. Provisions, easements, agreements,
restrictions and covenants of the
Condominium as set forth in the Master
Deed and Floor Plans.
3. The Bylaws of the Laurel Heights
Condominium recorded with the Master
Deed as the same may be amended from
time to time by instruments recorded with the
Worcester District Registry of Deeds, which
provisions, together with any amendments
thereto shall constitute covenants running
with the land and shall bind any persons having
at any time any interest or estate in the
Unit, his family, servants, tenants, invitees
and visitors, as though such provisions were
recited and stipulated at length herein.
4. Taxes attributable to the unit for the
current fiscal years as are not yet due and
payable on the date of delivery hereof, which
taxes the grantee hereby assumes and
agrees to pay.
5. The encumbrances listed in Exhibit A
of the Master Deed.
The Unit may be used only for residential
purposes permitted by the zoning bylaws of
the Town of Leicester, subject in all events to
the restrictions set forth in Article XIII of said
Master Deed. No Unit Owner shall be liable
for any breach of the provisions of said
Article XIII except such as occur during his
ownership thereof. The Post Office address
of the Unit is Building 1, Unit #6, Huntoon
Memorial Highway, Leicester, MA 01524.
Being the same premises conveyed to the
mortgagors by deed of Linda Drohan recorded
in Worcester District Registry of Deeds
Book 32291, Page 170.
Premises to be sold and conveyed to the
highest bidder subject to and with the benefit
of all rights, rights of way, restrictions,
easements, covenants, liens or claims in the
nature of liens, leases, rights of tenants and
parties in possession, orders of conditions,
condominium regulations, by-laws, fees and
liens, deeds out, improvements, public
assessments, takings, any and all unpaid
taxes, tax titles, tax liens, estate tax liens,
Medicaid liens, claims of heirs, water and
sewer liens, errors in descriptions, omitted
courses, and any other municipal assessments
or liens or 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 property is being sold with the
express acknowledgment that the
Mortgagee makes no representation or warranty
as to the presence or absence of any
wetlands or environmental issue at or related
to the septic or well systems, if any, or to any
contaminants or other substances, as noted
under MGLA c. 21E or otherwise. If a violation
of MGLA c. 21E or any other
Massachusetts statute, code or regulation
does exist, the correction thereof will be at
the Buyer’s sole cost and expense, and shall
be separate from the purchase price. The
Buyer shall indemnity and hold harmless the
Mortgagee from any and all costs, expense
and liability related to any of the aforesaid.
As an additional condition and term of
the sale, in the event the successful bidder
refuses to sign the Memorandum of Sale or
fails to complete the purchase in accordance
with the terms and conditions of said foreclosure
sale, the Mortgagee reserves the right
to sell the mortgaged premises to the next
highest bidder (“Second Bidder”) and to
accept bids upon the condition that the
Second Bidder shall deposit with
Mortgagee’s attorney 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. Upon
deposit of the required deposit by the
Second Bidder, the Second Bidder shall
become the Buyer for the purposes of the
foregoing paragraphs and completion of the
sale. In addition, in the event of default by the
successful Bidder and the Second Bidder,
the Mortgagee reserves the right to sell the
mortgaged premises to the next highest bidder
or assume the second highest bid and
proceed with the purchase of the property in
accordance with the Memorandum of Sale.
The Mortgagee reserves the right to
change the terms of the sale and postpone
the sale to a later date by public proclamation
at or during the time and date appointed for
the sale and to further postpone at any
adjourned sale date by public proclamation
at the time and date appointed for the
adjourned sale date.
No representations, express or implied,
are made with respect to any matter concerning
the premises which will be sold “as
is.”
Terms of sale: A deposit of five thousand
dollars ($5,000) by certified or bank check
will be required to be paid by the purchaser
at the time and place of sale as a deposit to
be held at the option of the mortgagee as liquidated
damages for any breach by the
buyer. The balance is to be paid by certified
or bank check at the offices of Alexandrov,
Metzger & Flannagan, P.C., 32 Franklin
Street, Suite 304, Worcester, MA 01608 within
thirty (30) days from the date of sale. Deed
will be provided to purchaser for recording
upon receipt in full of the purchase price. The
successful bidder shall be required to sign a
Memorandum of Terms of Sale containing
the foregoing terms at the Auction Sale.
In the event of an error in this publication,
the description of the premises contained
in said mortgage shall control.
Other terms, if any, to be announced at
the sale.
Spencer Savings Bank
Its Successors and/or Assigns
Present holder of said mortgage
By its Attorneys,
Alexandrov, Metzger & Flannagan, P.C.
32 Franklin Street, Ste. 304
Worcester, MA 01608
September 24, 2010
October 1, 2010
October 8, 2010
NOTICE OF MORTGAGEE'S SALE OF
REAL ESTATE
By virtue and in execution of the Power
of Sale contained in a certain mortgage
given by Renee L Pate and John R Taylor Jr.
to Wells Fargo Bank, NA, dated July 24,
2006 and recorded with the Worcester
County (Worcester District) Registry of
Deeds at Book 39540, Page 174, of which
mortgage Wells Fargo Bank, NA is the present
holder, for breach of the conditions of
said mortgage and for the purpose of foreclosing,
the same will be sold at Public
Auction at 9:00 a.m. on October 15, 2010, on
the mortgaged premises located at 7 Emmett
Street, Spencer, Worcester County,
Massachusetts, all and singular the premises
described in said mortgage,
TO WIT:
The land in Spencer, Massachusetts, on the
corner of Crown and Emmett Streets and
bounded as follows:
Northwesterly 4 rods and 11 links by said
Crown Street; Northeasterly 9 rods and 11
links by said Emmett Street; Southeasterly 4
rods and 10 links by land formerly of Ellen
Forrest; Southwesterly 9 rods and 11 links by
land now or formerly of Patrick Kane.
For title reference see deed recorded at
Boolc 35230, Page 290.
For mortgagor's(s') title see deed
recorded with Worcester County (Worcester
District) Registry of Deeds in Book 35230,
Page 290.
These premises will be sold and conveyed
subject to and with the benefit of all
rights, rights of way, restrictions, easements,
covenants, liens or claims in the nature of
liens, improvements, public assessments,
any and all unpaid taxes, tax titles, tax liens,
water and sewer liens and any other municipal
assessments or liens or 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.
TERMS OF SALE:
A deposit of Five Thousand ($5,000.00)
Dollars by certified or bank check will be
required to be paid by the purchaser at the
time and place of sale. The balance is to be
paid by certified or bank check at Harmon
Law Offices, P.C., 150 California Street,
Newton, Massachusetts 02458, or by mail to
P.O. Box 610389, Newton Highlands,
Massachusetts 02461-0389, within thirty
(30) days from the date of sale. Deed will be
provided to purchaser for recording upon
receipt in full of the purchase price. The
description of the premises contained in said
mortgage shall control in the event of an
error in this publication.
Other terms, if any, to be announced at
the sale.
WELLS FARGO BANK, NA
Present holder of said mortgage
LEGALS
By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California Street
Newton, MA 02458
(617) 558-0500
201005-1752 - YEL
September 24, 2010
October 1, 2010
October 8, 2010
LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE
By virtue of and in execution of the
Power of Sale contained in a certain mortgage
given by Donald R. Berthiaume, Jr.
a/k/a Donald R. Berthiaume and Wendy
Berthiaume to Option One Mortgage
Corporation, dated October 24, 2005 and
recorded at Worcester County (Worcester
District) Registry of Deeds in Book 37631,
Page 322 of which mortgage Wells Fargo
Bank, N.A., as Trustee for Option One
Mortgage Loan Trust 2006-1, Asset-Backed
Certificates, Series 2006-1 is the present
holder by assignment Recorded at
Worcester County (Worcester District)
Registry of Deeds in Book 46030, Page 277,
for breach of conditions of said mortgage
and for the purpose of foreclosing the same,
the mortgaged premises located at 140
Charlton Road, Spencer, MA 01562 will be
sold at a Public Auction at 2:00PM on
November 2, 2010, at the mortgaged premises,
more particularly described below, all
and singular the premises described in said
mortgage, to wit:
Land in Spencer near and West of Route
31, otherwise known as Charlton Road in
said Spencer being shown as Parcel A on a
plan entitled “Land in Spencer,
Massachusetts surveyed for Littco
Properties April 26, 1985 Bouley Brothers,
Inc. R.L.S., P.O. Box 2215, Worcester, Mass.
01613” which plan has been recorded with
the Worcester District Registry of Deeds in
Plan Book 536 Plan 17, and which property
is more particularly bounded and described
as follows: Beginning at a stone wall which
marks the Northerly boundary of land now or
formerly of Joseph Ledoux at a point which is
the Southeast corner of the lot herein
described and the Southwest corner of land
now or formerly of Paul R. and Barbara A.
Couture; thence S. 84° 12’ 30” W. 78.80 feet
along said stone wall along said Ledoux land
to a point in another stone wall; thence 08°
54’ 10” W, 346.22 feet along a stone wall
along land now or formerly of Robert
Moschini to a point at Lots 5 as shown on
said plan; thence S. 86° 18’ 25” E. 142.10 to
a point at land now or formerly of Couture;
thence S. 03° 41’ 35” W. 128.69 feet along
said Couture Land to a point; Thence S. 00°
27’ 00” W. 196.52 feet along said Couture
Land to the point of beginning. Containing
35,990.1 square feet. Also a certain lot of
land located in Spencer, Worcester County,
Massachusetts, located on the Westerly side
of Charlton Road and being shown on plan of
land in Spencer, Mass. Owned by Robert D.
Taylor & Marion S. Taylor dated June 27,
1967 by Theodore P. Drazek, C.E., which
Plan has been recorded with the Worcester
District Registry of Deeds in Plan Book 311,
page 17, and bounded and described as follows;
Beginning at the Southeasterly corner
thereof on the Westerly side of said Charlton
Road and at the Northeasterly corner of land
now or formerly of Roger Sutter; Thence N.
89° 07’ W. 200 feet by said Suter Land to
other land of Grantors to a point; thence N.
00° 33’ E. 181.40 feet by said Grantors’ Land
to a point; thence N. 3° 47’ 35” E. 128.69 feet
by said Grantors’ Land to a point; thence S.
76° 12’ 25” E. 200.00 feet by said Grantors’
Land to said Charlton Road; thence S 3° 47’
35” W. 128.69 feet by said Charlton Road to
a W.C.H. bound; thence Southerly 171.31
feet by said Charlton Road by a curve to the
left having a radius of 1530 feet to the point
of beginning. Containing 1.40 acres more or
less.
For mortgagor’s title see deed recorded
with the Worcester County (Worcester
District) Registry of Deeds in Book 37631,
Page 320.
The premises will be sold subject to any
and all unpaid taxes and other municipal
assessments and liens, and subject to prior
liens or other enforceable encumbrances of
record entitled to precedence over this mortgage,
and subject to and with the benefit of
all easements, restrictions, reservations and
conditions of record and subject to all tenancies
and/or rights of parties in possession.
Terms of the Sale: Cash, cashier’s or
certified check in the sum of $5,000.00 as a
deposit must be shown at the time and place
of the sale in order to qualify as a bidder (the
mortgage holder and its designee(s) are
exempt from this requirement); high bidder to
sign written Memorandum of Sale upon
acceptance of bid; balance of purchase price
payable in cash or by certified check in thirty
(30) days from the date of the sale at the
offices of mortgagee’s attorney, Korde &
Associates, P.C., 321 Billerica Road, Suite
210, Chelmsford, MA 01824-4100 or such
other time as may be designated by mortgagee.
The description for the premises contained
in said mortgage shall control in the
event of a typographical error in this publication.”
Other terms to be announced at the
sale.
Wells Fargo Bank, N.A., as Trustee for
Option One Mortgage Loan Trust 2006-1,
Asset-Backed Certificates, Series 2006-1
Korde & Associates, P.C.
321 Billerica Road
Suite 210
Chelmsford, MA 01824-4100
(978) 256-1500
(OOM 10-001935 /Berthiaume, Jr.)(10-01-
10, 10-08-10, 10-15-10)(257929)
October 1, 2010
October 8, 2010
October 15, 2010
NOTICE OF MORTGAGEE'S SALE OF
REAL ESTATE
By virtue and in execution of the Power
of Sale contained in a certain mortgage
given by Debra M Derosier a/k/a Debra
Derosier and James M. Derosier a/k/a James
Derosier to Wells Fargo Bank, N.A., dated
February 24, 2005 and recorded with the
Worcester County (Worcester District)
Registry of Deeds at Book 35804, Page 107,
of which mortgage The Bank of New York
Mellon, fka The Bank of New York as
Successor in interest to JP Morgan Chase
Bank NA as Trustee for Bear Stearns Asset-
Backed Securities Trust 2005-SD3, Asset-
Backed Certificates, Series 2005-SD3 is the
present holder, for breach of the conditions of
said mortgage and for the purpose of foreclosing,
the same will be sold at Public
Auction at 10:00 a.m. on October 27, 2010,
on the mortgaged premises located at 49
Pleasant Street, Spencer, Worcester County,
Massachusetts, all and singular the premises
described in said mortgage,
TO WIT:
A certain tract of land with the buildings situated
on the westerly side of Pleasant Street,
in Spencer, Massachusetts and being shown
on a plan of land surveyed for Gloria Butler
dated April 1, 1996 by Donald A. Para, Land
Surveyor, Inc., and being recorded with
Worcester District Registry of Deeds in Plan
Book 703, Plan 114.
BEGINNING at an iron pipe at the northeasterly
corner of land to be described on the
westerly side of the 1878 Town relocation of
Pleasant Street and at the southeasterly corner
of land now or formerly owned by
Michael F. Stubljar, Jr. et ux, said iron pipe
also being located S. 30 degrees 30' 00'' E.
and 31.50 feet from a bend in said relocation
of Pleasant Street;
THENCE S. 30 degrees 30' 00'' E. along the
westerly side of said Layout of Pleasant
Street 106.44 feet to a point;
THENCE S. 61 degrees 43' 10'' W. along
land now or formerly owned by Leo A.
Lentendre et ux 145.46 feet to an iron pipe;
THENCE N. 17 degrees 14' 23'' W. along
land now or formerly owned by Benjamin J.
Terkanian et ux and land now or formerly
owned by Gary A. Cook et ux 111.28 feet to
a point;
THENCE N. 63 degrees 04' 58'' E. along land
of said Stubljar 120.06 feet to the point of
beginning.
Containing an area of 14,320 square feet.
For Borrower's title see Deed recorded herewith
Book 35804, Page 105.
For mortgagor's(s') title see deed
recorded with Worcester County (Worcester
District) Registry of Deeds in Book 35804,
Page 105.
These premises will be sold and conveyed
subject to and with the benefit of all
rights, rights of way, restrictions, easements,
covenants, liens or claims in the nature of
liens, improvements, public assessments,
any and all unpaid taxes, tax titles, tax liens,
water and sewer liens and any other municipal
assessments or liens or 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.
TERMS OF SALE:
A deposit of Five Thousand ($5,000.00)
Dollars by certified or bank check will be
required to be paid by the purchaser at the
time and place of sale. The balance is to be
paid by certified or bank check at Harmon
Law Offices, P.C., 150 California Street,
Newton, Massachusetts 02458, or by mail to
P.O. Box 610389, Newton Highlands,
Massachusetts 02461-0389, within thirty
(30) days from the date of sale. Deed will be
provided to purchaser for recording upon
receipt in full of the purchase price. The
description of the premises contained in said
mortgage shall control in the event of an
error in this publication.
Other terms, if any, to be announced at
the sale.
THE BANK OF NEW YORK MELLON, FKA
THE BANK OF NEW YORK AS
SUCCESSOR IN INTEREST TO JP
MORGAN CHASE BANK NA AS TRUSTEE
FOR BEAR STEARNS ASSET- BACKED
SECURITIES TRUST 2005-SD3, ASSET-
BACKED CERTIFICATES,
SERIES 2005-SD3
Present holder of said mortgage
By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California Street
Newton, MA 02458
(617) 558-0500
201006-0670 - BLU
October 1, 2010
October 8, 2010
October 15, 2010
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