Legal Advertisements - Week of November 23, 2023

Nov 23, 2023

TOWN OF WAREHAM
HISTORIC DISTRICT COMMISSION
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100
Fax: (508) 291-3116

Notice of Public Hearing

November 15, 2023

To the abutters of
112 Main Street
Wareham, Mass
Wareham Narrows Historic District

The Wareham Historic District Commission will hold a public hearing Tuesday, December 5, 2023 in the Wareham Town Hall, third floor, room 27, at 6:00 p.m., to consider an Application for a Certificate of Appropriateness as required by Massachusetts General Law, Chapter 40c sect11.
The Application is for the installation of a sign at 112 Main Street, in the Wareham Narrows Historic District as requested by Pharmacann (owner) in application to the WHDC. Public comment and questions will be accepted.

A meeting of the Wareham Historic District Commission will immediately follow the Hearing.

Robert G. Blair, Chairman
Wareham Historic District Commission
November 15, 2023


CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23P2588EA

Estate of: Peter A Russett
Date of Death: 06/07/2022

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Glenn J Russett of Wareham MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that Glenn J Russett of Wareham MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.

IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 12/14/2023.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

Witness: Hon. Patrick W. Stanton,
First Justice of this Court
Date: November 14, 2023
Matthew J. McDonough, Register of Probate


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 James R. Ahlgren to Mortgage Electronic Registration Systems, Inc., as nominee for FBC Mortgage, LLC, dated March 15, 2017 and registered at the Plymouth County Registry District of the Land Court as document number 757005, and noted on certificate of title number 124862, as modified by a certain modification agreement dated March 8, 2022, and registered with the Plymouth County Registry District of the Land Court as Document No. 834879 as noted on Certificate of Title No. 124862, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc. as nominee for FBC Mortgage, LLC, its successors and assigns to FBC Mortgage, LLC, registered on December 4, 2017, Document No. 766625, as noted on Certificate of Title No. 124862

FBC Mortgage, LLC to PennyMac Loan Services, LLC, registered on August 11, 2020, Document No. 802192, as noted on Certificate of Title No. 124862

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 2:00 PM on December 12, 2023, on the mortgaged premises located at 250 Plymouth Avenue, East Wareham (Wareham), Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land and buildings thereon, situated in Wareham in the County of Plymouth and Commonwealth of Massachusetts, being Lots 123 and 124 on sheet 2 on Plan No. 8702B filed with Certificate of Title No. 2383, the same being a copy of a part of a plan drawn by Frederic O. Smith. Surveyor, dated June 15, 1926, as approved by the Court, filed in the Land Registration Office at Boston, and all of the boundaries are determined by the Court to be located Upon the ground as shown on said plan.

For mortgagor’s(s’) title see deed registered with Plymouth County Registry District of the Land Court as Document No. 757004, as noted on Certificate of Title No. 124862.

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 St., 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.

PENNYMAC LOAN SERVICES, LLC
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
23510


CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL19P2642EA

Estate of: Harry R Franklin
Also known as: Harry R Franklin Jr,
Harry L Franklin
Date of Death: 12/02/2019

To all interested persons:

A Petition for S/A - Late and Limited Formal Testacy and/or Appointment has been filed by

Amanda Chuckran of East Wareham MA

requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that
Amanda Chuckran of East Wareham MA

be appointed as Personal Representative(s) of said estate to serve on the bond in unsupervised administration.

IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 12/13/2023.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

Witness: Hon. Patrick W. Stanton,
First Justice of this Court
Date: November 13, 2023
Matthew J. McDonough, Register of Probate


TOWN OF WAREHAM
SCHOOL COMMITTEE

NOTICE OF PUBLIC HEARING

The WAREHAM SCHOOL COMMITTEE will conduct A PUBLIC HEARING on the 2024-2025 Preliminary Budget of the Wareham Public Schools on Thursday December 7, 2023 at 6:30 p.m. in the MULTISERVICE CENTER 48 MARION RD, ROOM 320, in accordance with Chapter 71, Section 38N of the General Laws of Massachusetts. The public is welcome.

Citizens may examine a copy of the proposed budget during regular office hours in the Office of the Superintendent of Schools. A summary of the proposed budget is as follows:

Administration                                             $1,316,825.00
Instruction                                                 $25,426.760.00
Pupil Services                                             $4,270,997.00
Operations & Maintenance                          $3,475,567.00
Insurance/Fixed Costs                                    $324,800.00
Fixed Assets                                                    $25,000.00
Programs With Other Districts                     $2,110,107.00
Total FY25 Preliminary Budget Proposal    $36,950,056.00

Matthew D’Andrea LP.D.
Superintendent of Schools


CITATION 
G.L. c. 210, §6
Commonwealth of Massachusetts
The Trial Court
Worcester Probate and Family Court
225 Main Street
Worcester, MA  01608
Docket No. WO23A0524AD
 
In the matter of: Hailynn Nevaeh-Rose Kyser
To: any unnamed or unknown parent and persons interested in a petition for the adoption of said child and to the Department of Children and Families of said Commonwealth.
 
A petition has been presented to said court by:
Jacqueline Larsen of Sutton, MA
Victoria Kyser of Sutton, MA
requesting for leave to adopt said child and that the name of the child be changed to 
 
IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT:
Worcester
ON OR BEFORE TEN O’CLOCK IN THE MORNING (10:00 AM) ON:
01/09/2024
 
Witness: Hon. Leilah A Keamy, 
      First Justice of this Court.
Date: October 2, 2023
Stephanie K. Fattman, Register of Probate

 
CITATION ON PETITION 
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
(508) 747-6204
Docket No. PL23P2607EA
 
Estate of: Gregory J Mercurio
Date of Death: 09/06/2023
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Donna McIntyre of Wareham MA  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Donna McIntyre of Wareham MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
 
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court.  You have a right to object to this proceeding.  To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 12/15/2023.  
 
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding.  If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.  
 
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.  
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: November 15, 2023
Matthew J. McDonough, Register of Probate

 
LEGAL NOTICE
TOWN OF WAREHAM, MASSACHUSETTS
WANKINQUOAH AVENUE SEWER REPAIR
CONTRACT NO. 2023-002
 
The Town of Wareham, Massachusetts, acting through its Water Pollution Control Facility, is seeking sealed bids for “Town of Wareham, Massachusetts, Wankinquoah Avenue Sewer Repair, Contract No. 2023-002”, in accordance with the Contract Documents prepared by BETA GROUP, INC.
 
Sealed bids will be received at the office of the Town Administrator, Attn: Patty Neal, Memorial Town Hall, 54 Marion Road, Wareham, MA 02571 until 2:00 P.M. local time on Wednesday December 6, 2023, at which time and place, said Bids will be publicly opened and read aloud. Bid submissions must be in a sealed envelope clearly marked “Town of Wareham, Massachusetts, Wankinquoah Avenue Sewer Repair, Contract No. 2023-002”. 
 
Bid documents and Specifications may be obtained on or after 5:00 pm on Tuesday, November 21 2023 on the Town’s website:  https://www.wareham.ma.us/bids-rfps.  The prospective bidder is responsible for checking to see if any addenda have been issued prior to submitting their bid. Any addenda will be posted on the Town’s website and Commbuys.  

 
LEGAL NOTICE
TOWN OF WAREHAM
REQUEST FOR QUALIFICATIONS 
GENERAL CONTRACTORS AND 
SUB-CONTRACTORS
 
Water Pollution Control Facility (WPCF) Improvements – Phase 2
Contract No. 2024-WW-01, SWSRF#12430
Firms interested in bidding on the construction of the WPCF Improvements – Phase 2 project are invited to submit a Statement of Qualifications (SOQ) to the Town of Wareham. This Request for Qualifications (RFQ) procurement is conducted pursuant to M.G.L. Chapter 149, Section 44 D1/2 and 44 D3/4. This RFQ is the first phase of a two-phase procurement process as set forth in M.G.L. Chapter 149. A Prequalification Committee has been established, will prequalify firms interested in bidding through this RFQ process, and select those respondents it deems qualified. Only those respondents deemed qualified will be invited to bid. A detailed set of plans and specifications will then be issued in the second phase of the procurement process.
 Submission Deadline: December 15, 2023; 11:00 a.m. local time. Submissions must be submitted in a sealed envelope clearly marked “RFQ/SOQ WPCF IMPROVEMENTS PHASE 2 – CONTRACT NO. 2024-WW-01, SWSRF #12430” and contain One (1) original, Four (4) complete hard copies, and One (1) digital copy on thumb drive of the Statement of Qualifications (SOQ) with all required forms, attachments, supporting documentation, and information to: Mr. Scott Kraihanzel, Director of Water Pollution Control, 6 Tony’s Lane, Wareham, MA 02571.
 
Specifications may be obtained on or after 5:00 pm on Tuesday, November 21 2023 on the Town’s website:  https://www.wareham.ma.us/bids-rfps.  The prospective bidder is responsible for checking to see if any addenda have been issued prior to submitting their bid. Any addenda will be posted on the Town’s website and Commbuys.

 
CITATION ON PETITION 
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
(508) 747-6204
Docket No. PL23P2449EA
 
Estate of: Sandra Jane Smarowski
Date of Death: 08/15/2022
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Marrianne Rosario of Weymouth MA  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Marrianne Rosario of Weymouth MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
 
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court.  You have a right to object to this proceeding.  To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 11/30/2023.  
 
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding.  If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.  
 
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.  
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: October 30, 2023
Matthew J. McDonough, Register of Probate
 

CITATION ON PETITION 
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
(508) 747-6204
Docket No. PL23P2362EA
 
Estate of: Robert S Hough
Also known as:  Robert Sanford Hough
Date of Death: 03/08/2023
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Carol A Hough of Onset MA  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Carol A Hough of Onset MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
 
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court.  You have a right to object to this proceeding.  To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 12/15/2023.  
 
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding.  If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.  
 
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.  
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: November 16, 2023
Matthew J. McDonough, Register of Probate

ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on December 13, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to reconsider Petition # 48-23 for two Variances from the requirements of Article 6, Section 613 and 628, and Article 13, Section 1360 and Section 1361 under the Wareham Zoning By-Laws, to Thomas P. Daly and Susan F. Daly Halifax c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA proposing to demolish an existing 343 square foot, one story cottage and to construct a 1497 square foot, three story second principle building located at, 4 Prospect Street, Wareham, MA (Assessors Map 3, Lot 195A, 196A, 197A, 198A) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: November 23, 2023
Second Notice: November 30, 2023


ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on December 13, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to reconsider Petition # 49-23 for an Appeal of Building Inspector Notice Of Violation regarding minimum lot area per the requirements of MGL Chapter 40A § 15 under the Wareham Zoning By-Laws, to Kelsey Mckenna & Jonathan C Dallmeyer c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA for the property located at, 504 Main Street, Wareham, MA (Assessors Map 61, Lot 1172B) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: November 23, 2023
Second Notice: November 30, 2023


ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on December 13, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 50-23 for a Use-Variance from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Echo Athletics, LLC. of 7 Trout Farm Way, West Wareham, MA proposing to operate a fitness facility located at, 127 Marion Road, West Wareham, MA (Assessors Map 60, Lot A1) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: November 23, 2023
Second Notice: November 30, 2023


ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on December 13, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 on the Rules & Regulations for Site Plan Review and Special Permit.

Nazih Elkallassi, Chairman

First Notice: November 23, 2023
Second Notice: November 30, 2023


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 22 SM 000597
ORDER OF NOTICE

To:
John S. Tuohy, as Guardian ad Litem for Frank Andrews aka Frank M. Andrews

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):

Celink,

claiming to have an interest in a Mortgage covering real property in Wareham (Onset), numbered 284 Onset Avenue, given by Frank M. Andrews to James B. Nutter & Company, dated April 24, 2008, and recorded in Plymouth County Registry of Deeds in Book 35907, Page 165, and now held by plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before December 25, 2025, or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.

Witness, GORDON H. PIPER, Chief Justice of this Court on November 13, 2023.

Attest:
Deborah J. Patterson
Recorder
16-006753


NOTICE OF SALE, NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE

Premises: 21 Camardo Drive, Wareham, Massachusetts 02571, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott A. Kinsman, Walter P. Nee and Colleen M. Nee-Kinsman to SunTrust Mortgage, Inc, dated January 13, 2003, and recorded with the Plymouth County Registry of Deeds in Book 23930 at Page 21, as affected by an assignment of mortgage to Federal National Mortgage Association, dated July 1, 2013, and recorded with said Registry in Book 43309 at Page 326, as affected by an assignment of mortgage to US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, dated November 5, 2021, and recorded with said Registry in Book 56051 at Page 267, of which mortgage the undersigned is the present holder by assignment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold by Public Auction at 2:00 o’clock P.M. on the 30th day of November, 2023 at the mortgaged premises located at 21 Camardo Drive, Wareham, MA 02571, Plymouth County, Massachusetts, all and singular the premises described in said mortgage, To wit: The land at 21 Camardo Drive, Wareham, Plymouth County, Massachusetts being shown as Lot 172 shown on a plan entitled, “Modified Subdivision Plan of Pine Tree Estates Wareham, Mass. Being a Revision and Modification of the Plan of Pine Tree for Wm. D. Parker”, dated April 20, 1972. By Walter E. Rowley & Associates, Inc., recorded with Plymouth County Registry of Deeds, Plan Book 16, Page 621, bounded and described as follows: WESTERLY by Camardo Drive, one hundred (100) feet; NORTHERLY by Lot 171 as shown on a plan hereinafter mentioned, one hundred one and 06/100 (101.06) feet; EASTERLY by the land of Shady Lane Cranberry Co., as shown on said plan, one hundred (100) feet; SOUTHERLY by Lot 173, as shown on said plan, one hundred one and 06/100 (101.06) feet. Said Premises are subject to the following encumbrances: 1. Rights in the roadways set forth in a Deed from Anthony J. Camardo and William D. Parker, dated September 20, 1971, recorded with said Deeds, Book 3711, Page 457; 2. Easement to New Bedford Gas and Edison Light Company, et al, dated December 14, 1971, recorded with said Deeds, Book 3738, Page 774; 3. Covenants set forth in a Declaration by Cromesett (sic) Road Corp., dated April 5, 1972, recorded with said Deeds, Book 3765, Page 120, so far as the same are now in force and effect.; 4. Taking by the Town of Wareham for the layout of Camardo Drive, dated May 29, 1976, recorded with said Deeds, Book 4168, Page 505. For Mortgagors’ title, see deed dated January 13, 2003, and recorded in Book 23930, at Page 19 in the Plymouth County Registry of Deeds. Premises to 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 Ten Thousand Dollars ($10,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, New York 10004, within thirty (30) days from the date of the sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. 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.
US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, Present holder of said mortgage by its Attorneys, Friedman Vartolo LLP 85 Broad Street, Suite 501, New York, New York 10004