Berkshires Marketplace, 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 Aspinwall Adult Equestrian Center, LLC in favor of The Pittsfield Cooperative Bank, dated September 21, 2005, and recorded with the Berkshire Middle District Registry of Deeds in Book 3336, Page 179, as amended by Modification of Mortgage dated December 9, 2008, and recorded with the Berkshire Middle District Registry of Deeds in Book 4199, Page 62 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, there will be sold at Public Auction on August 19, 2015 at 1:00 p.m., at the premises located at 293 Main Street, Lenox, Berkshire County, Massachusetts, all the land situated in Lenox, County of Berkshire and Commonwealth of Massachusetts, described in said mortgage, To wit: PARCEL 1: Beginning at an iron pipe found in the assumed northwesterly line of the 1924 State Highway Layout Alteration of Route 7A, also known as Main Street, in said Lenox, said iron pipe being 37.55 feet S 49 03' 11" W of a monument found in said assumed northwesterly line of said Highway; Running thence S 49 03' 11" W a distance of 105.00 feet to a monument not found in said assumed northwesterly line of said Highway; Running thence S 50 26' 20" W a distance of 166.09 feet to an iron pipe set on said assumed northwesterly line of said Highway, said point also marking the easterly corner of other land of Sam and Norma Greenfield; Running thence N 43 22' 50" W a distance of 165.81 feet to an iron pipe set, said iron pipe also marking the northerly corner of other land of said Greenfield; Running thence N 50 01' 59" E a distance of 30.18 feet to an iron pipe found; Running thence N 39 54' 51" W a distance of 40.00 feet to an iron pipe found; Running thence N 50 05' 09" E a distance of 150.00 feet to an iron pipe set; Running thence S 39 54' 51" E a distance of 20.00 feet to an iron pipe set; Running thence N 50 05' 09" E a distance of 40.00 feet to an iron pipe set; Running thence S 39 54' 51" E a distance of 65.17 feet to an iron pipe set; Running thence S 64 59' 30" E a distance of 131.93 feet to the point and place of beginning. The above-described parcel contains 1.08 acres of land and is shown as Lot 3 on a plan of land entitled "Survey of Land in Lenox, Mass. Prepared for Aspinwall-Bayville Farms, Inc., January 3, 1995," which plan is recorded in the Berkshire Middle District Registry of Deeds in Plat D #305. The above-described parcel is conveyed together with a right of way over, upon and through remaining land of the said Greenfield for pedestrian and vehicular traffic for the purpose of ingress and egress to and from Route 7A to the parcel herein conveyed. Said right of way is shown on the plan referred to above as "Gravel Drive, R.O.W. 1." The above-described parcel is also conveyed together with a right of way over, upon and through remaining land of the said Greenfield for pedestrian and horse traffic. Said right of way is shown on the plan referred to above as "10' WIDE R.O.W. 2." Reserving to the said Greenfield, their heirs and assigns, for the benefit of Lot #1 as shown on the above-referenced plan, a right of way over, upon and through a portion of the premises hereby conveyed for pedestrian and vehicular traffic for the purpose of ingress and egress to and from remaining land of the said Greenfield. Said right of way is shown on the plan referred to above as "R.O.W. 3." Said premises are conveyed subject to and together with a Variance/Special Permit issued by the Town of Lenox to Samuel and Norma Greenfield and Aspinwall-Bayville Farms, Inc., which is recorded April 19, 1995, in said Registry of Deeds in Book 1475, Page 590&c. Subject to and together with a Special Permit issued by the Town of Lenox to Mortgagor dated 9/13/2004 which is recorded 9/21/2005 in said Registry of Deeds in Book 3336, Page 172. Subject to and together with a Special Permit issued by the Town of Lenox to Mortgagor dated 9/22/2004 which is recorded 9/21/2005 in said Registry of Deeds in Book 3336, Page 175. PARCEL 2: Beginning at an iron pipe found in the northwesterly line of land now or formerly of Sam and Norma Greenfield as shown on the plan hereinafter referred to; Running thence S 50 05' 09" W a distance of 155.00 feet to an iron pipe set, said iron pipe also the northwesterly line of land now or formerly of said Greenfield; Running thence N 39 54' 51" W a distance of 26.04 feet to an iron pipe set; Running thence N 45 29' 43" E a distance of 155.50 feet to an iron pipe set; Running thence S 39 54' 51" E a distance of 38.48 feet to the point and place of beginning. The above-described parcel contains 5,000 square feet of land and is shown as Lot 2 on a plan of land entitled "Survey of land in Lenox, Mass. Prepared for Aspinwall-Bayville Farms, Inc. January 3, 1995", which plan is recorded in the Berkshire Middle District Registry of Deeds in Plat D #305. Subject to and together with a Variance/Special Permit issued by the Town of Lenox to Samuel and Norma Greenfield and Aspinwall-Bayville Farms, Inc., which is recorded April 19, 1995, in said Registry of Deeds in Book 1475, Page 590&c. Subject to and together with a Special Permit issued by the Town of Lenox to Mortgagor dated 9/13/2004 which is recorded 9/21/2005 in said Registry of Deeds in Book 3336, Page 172. Subject to and together with a Special Permit issued by the Town of Lenox to Mortgagor dated 9/22/2004 which is recorded 9/21/2005 in said Registry of Deeds in Book 3336, Page 175. Being the same premises conveyed to the Mortgagor herein by deed recorded February 26, 2002 in the Berkshire Middle District Registry of Deeds in Book 2148, Page 237. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property 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 Mortgagee's attorneys, George, Massimiano & McCarthy, P. C., 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 said second highest bidder within thirty (30) days of said written notice. The above-described property is being sold subject to and with the benefit of all taxes, tax titles, liens, sewer and water liens, public assessments, mortgages, leases and existing tenants, restrictions, easements, improvements, liens, encumbrances of record which are in force and are applicable, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. The successful bidder shall be responsible for all recording costs, including documentary stamps, title costs and all other costs of documentation and recording necessary to complete the conveyance. TERMS OF SALE: The successful bidder shall pay at the time and place of sale Fifteen Thousand and 00/100 Dollars ($15,000.00) as a deposit by cash, certified or cashier's check. Within ten (10) days thereafter, the successful bidder shall deliver to the auctioneer by cash, certified check, cashier check or wired funds, an additional sum equal to the difference between ten percent (10%) of the successful bid and the initial deposit of $15,000.00. The balance of the bid price shall be due and payable within thirty (30) days after the sale. The successful bidder shall be required to sign an auctioneer's memorandum of sale. A deed will be provided to the purchaser upon receipt in full of the purchase price together with payment for all recording fees and transfer stamps. In the event of an error in this publication, the description of the premises contained in said mortgage shall control. The mortgagee reserves the right to postpone the auction by public proclamation from time to time. Other terms, if any, to be announced at the time and place of sale. The Pittsfield Cooperative Bank Present holder of said mortgage By its Attorneys, George, Massimiano & McCarthy, P.C. Berkshire Common, Pittsfield, MA 01201 07/28/15, 08/04/15, 08/11/15
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