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March 24th, 2017
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 Gregory P. Price and Karen L. Price to Ameriquest Mortgage Company, dated April 19, 2004 and recorded in Berkshire County (Middle District) Registry of Deeds in Book 2924, Page 299 of which mortgage Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R5, under the Pooling and Servicing Agreement dated as of June 1, 2004 is the present holder by assignment from Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R5, under the Pooling and Servicing Agreement dated as of June 1, 2004 dated July 10, 2007 recorded at Berkshire County (Middle District) Registry of Deeds in Book 3847, Page 154, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 20 Bonny Lane, Peru, MA 01235 will be sold at a Public Auction at 11:00AM on April 11, 2017, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: The land in said Peru, bounded and described as follows: Being all of Lot No. 51 as shown on Plan of Lots entitled "Sunrise Village, Plan of George W. Bunnell, Peru, Mass." laid out by Carl M. Flynn, Registered Surveyor, dated July 24, 1972, and recorded with the Berkshire Middle District Registry of Deeds in Book 417-F, Page 222, to which Plan reference may be had. This conveyance is made subject to the restrictions contained in "Land Use Restrictions, Bonny Lane, Sunrise Village, Peru, Massachusetts", shown in deed of Harris N. Aaronson, Trustee, to John F. Bianco and Patricia A. Bianco, dated January 30, 1976 and recorded in said Registry of Deeds in Book 972, Page 681. Together with the right, in common with others, to use any and all of the roads or ways shown on said Plan for all the usual purposes of a way. This conveyance is subject to an easement in favor of New England Telephone and Telegraph Company, et al, dated March 30, 1972, and recorded in the Berkshire Middle District Registry of Deeds in Book 922, Page 430. For mortgagor's title see deed recorded with the Berkshire County (Middle District) Registry of Deeds in Book 1059, Page 427. 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., 900 Chelmsford Street, Suite 3102, Lowell, MA 01851 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. Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R5, under the Pooling and Servicing Agreement dated as of June 1, 2004 Korde & Associates, P.C. 900 Chelmsford Street Suite 3102 Lowell, MA 01851 (978) 256-1500 Price, Gregory P. & Karen L., 10-003862, March 17, 2017, March 24, 2017, March 31, 2017 03/17/17, 03/24/17, 03/31/17
Lenox Planning Board Town Hall 6 Walker Street Lenox Massachusetts 01240 NOTICE OF PUBLIC HEARING Notice is hereby pursuant to the provisions of Chapter 40A, Section 5 of the Massachusetts General Laws that the Lenox Planning Board will hold an informational session on Tuesday, March 28th at 6:00 p.m. in the Lenox Town Hall and a Public Hearing for proposed amendments to the Lenox Zoning Bylaw and to zoning district boundaries in Lenox Dale on April 11th at 6:00 p.m. in the Lenox Town Hall. The Bylaw changes include the following: Exempting use change and renovation from parking requirements in the Commercial "C" district; removing requirements from definitions and creating new special regulation sections of the Zoning Bylaw; making corrections to text for consistency; enumerating the Table of Uses; Removing Footnotes from the Table of Dimensional Requirements and creating a new section; expanding the Commercial 'C' district only in the Lenox Dale neighborhood to create greater conformity; shifting the Industrial "I" boundary to create greater conformity; and expanding the Residential "R-15" zoning district only in the Lenox Dale neighborhood to create greater conformity. Copies of the proposed Zoning Bylaw amendments and zoning boundary amendments in Lenox Dale are available at the office of the Lenox Town Clerk during regular business office hours, between 8:30 a.m. and 4:00 p.m. Monday through Friday. Written comments may be submitted in advance or in lieu of attendance to gmiller@townoflenox.com or Lenox Planning Board, 6 Walker Street, Lenox MA 01240. Kameron Spaulding, Chair 03/24/17, 04/04/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION ON PETITION FOR ORDER OF COMPLETE SETTLEMENT Docket No. BE15P0063EA Berkshire Probate and Family Court 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 Estate of: Raymond O MacWhinnie Date of Death: 08/07/2013 A Petition for Order of Complete Settlement has been filed by Patricia A. MacWhinnie of Pittsfield MA requesting that the court enter a Decree of Complete Settlement including the allowance of a final account filed February 16, 2017 and other such relief as may be requested in the Petition. 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 04/12/2017. 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 date, action may be taken without further notice to you. WITNESS, Hon. Richard A Simons, First Justice of this Court. Date: March 07, 2017 Francis B. Marinaro, Register of Probate Albert J. Cimini, Esq. 2 South Street, Suite 340 Pittsfield, MA 01201 03/24/17
MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage dated November 20, 2007, given by Rosalind N. Finneran to CitiFinancial Services, Inc., recorded in Berkshire County (Southern District) Registry of Deeds at Book 1810, Page 126, the undersigned CitiFinancial Servicing LLC, successor by merger to CitiFinancial Services, Inc., being the present holder of said mortgage, 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 Friday, April 28, 2017 upon the hereinafter-described premises, known as and numbered as 6 Roosterville Road, Sandisfield, Berkshire County (Southern District) Massachusetts, all and singularly the premises described in said mortgage, to wit: The land located on Roosterville Road, Sandisfield, County of Berkshire, Commonwealth of Massachusetts. Bounded and described as follows: Beginning at a point on the Westerly side of the State Highway leading from New Boston to Winsted (Route 8) said point being at the center of a culvert and brook and running thence from said Highway along the center of said brook and being adjacent to the Northerly boundary of Demming. Running thence along the center of the brook to the intersection of Art Old Mill Raceway; running thence Northerly along the Easterly side of said Raceway and stone wall to a bridge and the Southerly side of a Thirty (30) foot right of way; running thence Easterly along the Southerly side of said right of way to the aforementioned State Highway; running thence along the State Highway Two Hundred (200 ) feet to a point or place of beginning, together with the right of way in common with the adjacent land owners. Being the same premises conveyed by Warranty Deed dated August 19, 1996 and recorded in Book 983 at Page 263 with the Berkshire County Registry of Deeds. Address: 6 Roosterville Rd. Sandisfield, MA 01255 For mortgagor's title see deed recorded with the Berkshire County (Southern District) Registry of Deeds in Book 1632, Page 51. The above-described premises shall be subject to all easements, restrictions, municipal or other public taxes, assessments, liens or claims in the nature of liens, outstanding tax titles, building, zoning and other land use laws and all permits and approvals issued pursuant thereto, including, without limitation, orders of conditions, and existing encumbrances of record created prior to said Mortgage, if there be any. Said premises are to be sold subject to the right of redemption of the United States of America, if any there be. TERMS OF SALE: The highest bidder shall be required to make a deposit of $10,000.00 to the holder of said Mortgage, in cash or by certified or bank cashier's check at the time and place of said sale of said premises. The balance of the purchase price is to be paid to said holder in cash, by certified check or bank cashier's check, and thereupon the deed shall be delivered, in thirty (30) days from the date of sale at the firm of Cunningham, Machanic, Cetlin, Johnson, Harney & Tenney, LLP, Attorneys for said holder, 220 North Main Street, Suite 301, Natick, Massachusetts. The successful bidder shall be required to sign a Memorandum of Terms of Sale. The description of the premises contained in said Mortgage shall control in the event of an error in publication. Other terms, if any, to be announced at the time and place of sale. CitiFinancial Servicing LLC, successor by merger to CitiFinancial Services, Inc. Present Holder of Said Mortgage, By its Attorneys, CUNNINGHAM, MACHANIC, CETLIN, JOHNSON, HARNEY & TENNEY, LLP 220 North Main Street, Suite 301 Natick, MA 01760 (508) 651-7524 03/24/17, 03/31/17, 04/07/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION GIVING NOTICE OF PETITION FOR TERMINATION OF GUARDIAN OF AN INCAPACITATED PERSON Docket No. BE95P0624 In the interests of: Sharon Hayes Of: Lanesboro, MA Respondent Incapacitated Person/ Protected Person To the named Respondent and all other interested persons, a petition, has been filed by DEPT. of Developmental Services of Springfield, MA in the above captioned matter requesting that the court: Terminate the Guardianship The petition asks the court to make a determination that the Guardian and/or Conservator should be allowed to resign; or should be removed for good cause; or that the Guardianship and/or Conservatorship is no longer necessary and therefore should be terminated. The original petition is on file with the court. You have the right to object to this proceeding. If you do so, you or your attorney must file a written appearance at this court on or before 10:00 A.M. on the return date of 04/12/2017. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceeding may limit or completely take away the above-named person's right to make decisions about personal affairs or financial affairs or both. The above -named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Richard A Simons, First Justice of this Court Date: March 15, 2017 Francis B. Marinaro Register of Probate 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR AN INCAPACITATED PERSON PURSUANT TO G.L c.190B, 5-304 Docket No. BE17P0179GD In the interests of: Sharon Hayes Of: Lanesboro, MA Respondent Alleged Incapacitated Person To the named Respondent and all other interested persons, a petition, has been filed by DEPT. of Developmental Services of Springfield, MA in the above captioned matter alleging that Sharon Hayes is in need of a Guardian and requesting that Mary Lee Daniels of Williamstown, MA (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond. The petition asks the court to determine that the Respondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a request for certain specific authority. You have the right to object to this proceeding. If you do so, you or your attorney must file a written appearance at this court on or before 10:00 A.M. on the return date of 04/12/2017. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceeding may limit or completely take away the above-named person's right to make decisions about personal affairs or financial affairs or both. The above -named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Richard A Simons, First Justice of this Court Date: March 15, 2017 Francis B. Marinaro Register of Probate 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE17P0169EA Estate of: John J. Skorput Date of Death: January 1, 2017 Berkshire Division, 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Dorothy S. Hotchkiss of Great Barrington MA a Will has been admitted to informal probate. Dorothy S. Hotchkiss of Great Barrington MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. Office of Louis J. Oggiani 312 Main Street, Suite 3 Great Barrington, MA 01230 413-528-2175 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE17P0148EA Estate of: Eleanor M Everhart Also Known As: Eleanor Everhart Date of Death: 11/10/2015 Berkshire Division, 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner George W Everhart of Dalton MA a Will has been admitted to informal probate. George W Everhart of Dalton MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. John J. Martin, Jr. Esq. MARTIN & OLIVEIRA, LLP 75 South Church Street, Suite 550 Pittsfield, MA 01201 413-443-6455 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE15P0838EA Estate of: Irene J Masiero Date of Death: 9/18/2015 Berkshire Division, 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Gerard F Masiero of Pittsfield MA Gerard F Masiero of Pittsfield MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. John J. Martin, Jr. Esq. MARTIN & OLIVEIRA, LLP 75 South Church Street, Suite 550 Pittsfield, MA 01201 413-443-6455 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE17P0198EA Estate of: Joyce Lois Race Also Known As: Joyce L. Race Date of Death: 01/26/2017 Berkshire Division, 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Deborah Race of Avondale AZ a Will has been admitted to informal probate. Deborah Race of Avondale AZ has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. John J. Martin, Jr. Esq. MARTIN & OLIVEIRA, LLP 75 South Church Street, Suite 550 Pittsfield, MA 01201 413-443-6455 03/24/17
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 Thea A. Politis to Wells Fargo Bank, N.A., dated April 18, 2013 and recorded with the Berkshire County (Middle District) Registry of Deeds at Book 5182, Page 56, of which mortgage the undersigned is the present holder by assignment from Wells Fargo Bank, N.A. to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust dated April 11, 2016 and recorded with said registry on May 9, 2016 at Book 5740 Page 103, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 12:00 p.m. on April 19, 2017, on the mortgaged premises located at 15 Maude Street a/k/a 15 Maud Street, Pittsfield, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF BERKSHIRE, STATE OF Massachusetts, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT EIGHT (8) RODS EAST OF THE EAST LINE OF FIRST STREET (SO-CALLED) AND ON THE NORTH SIDE OF A NEW STREET LAID OUT BY W.R. BROWN, NOW KNOWN AS MAUD STREET. THENCE NORTH AT RIGHT ANGLES ONE HUNDRED (100) FEET TO LAND NOW OR FORMERLY OF GEORGE E. ROBINSON. THENCE EAST ON SAID ROBINSON LINE NOW OR FORMERLY AND THAT OF HENRY PREDIGER NOW OR FORMERLY TO LAND NOW OR FORMERLY OF J. CALLAHAN ABOUT ONE HUNDRED AND THIRTY-FOUR (134) FEET. THENCE SOUTH ON SAID CALLAHAN LINE NOW OR FORMERLY ONE HUNDRED (100) FEET TO THE NORTH LINE OF SAID MAUD STREET. THENCE WESTERLY ABOUT ONE HUNDRED AND THIRTY-FOUR (134) FEET TO THE PLACE OF BEGINNING. For mortgagor's(s') title see deed recorded with Berkshire County (Middle District) Registry of Deeds in Book 3690, Page 280. 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. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 201510-0712 - PRP 03/24/17, 03/31/17, 04/07/17
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 Judith E. Kushi and James D. Kushi Jr to Wells Fargo Financial Massachusetts, Inc., dated May 20, 2005 and recorded with the Berkshire County (Middle District) Registry of Deeds at Book 3231, Page 177, of which mortgage the undersigned is the present holder by assignment from Wells Fargo Financial Massachusetts, Inc. to U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust dated August 30, 2016 and recorded with said registry on September 8, 2016 at Book 5811 Page 117, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 12:00 p.m. on April 12, 2017, on the mortgaged premises located at 87 GAMWELL AVENUE, PITTSFIELD, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: THE LAND LOCATED IN PITTSFIELD, BERKSHIRE COUNTY, MASSACHUSETTS BOUNDED AND DESCRIBED AS FOLLOWS: CERTAIN PIECE OR PARCEL OF LAND, NUMBERED LOT 1 AS SHOWN ON A PLAN ENTITLED ''PLAN OF BUILDING LOTS LAID OUT BY SAMUEL R. MONTEROSSO, ET ALS, PITTSFIELD, MASSACHUSETTS, A.J. KOHIHOFER, ENGINEER) FEBRUARY 2, 1952'', A COPY OF WHICH PLAN IS FILED IN BOOK 417B, PAGE 111 AT THE BERKSHIRE COUNTY (MIDDLE DISTRICT) REGISTRY OF DEEDS, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF THE GRANTED PREMISES. SAID LOT NO. 1 IS EIGHTY (80) FEET IN WIDTH, FRONT AND REAR, AND ONE HUNDRED EIGHT (108) FEET IN DEPTH, AND IS LOCATED ON THE SOUTHERLY SIDE OF GARNWELL AVENUE. SAID LOT IS CONVEYED SUBJECT TO THE FOLLOWING RESTRICTIONS AS TO USE. 1. NO P T OF ANY BUILDING ERECTED THEREON, OTHER THAN UNENCLOSED PORCHES, PIAZZAS, OR OTHER UNECLOSED PROJECTIONS, SHALL BE WITHIN THIRTY (30) FEET OF THE NEARER LINE OF ANY STREET ON WHICH LOST SHALL FRONT. NO DWELLING SHALL BE ERECTED THEREON UNLESS EXCLUSIVE OF ANY AREA OCCUPIED BY PORCHES, PIAZZAS, PORTICOES, VERANDAS, STEPS, BREEZEWAYS OR GARAGES HAVING A FLOOR AREA OF LESS THAN 1,000 FEET. BEING ALL AND THE SAME PROPERTY CONVEYED TO JAMES D. KUSHI, JR. AND JUDITH E. KUSHI, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETY BY DEED FROM RICHARD S. JONES AND LORI A. JONES, HUSBAND AND WIFE RECORDED 11/12/1991 IN DEED BOOK 1343 PAGE 14, IN THE REGISTRY OF DEEDS PLAN FOR BERKSHIRE COUNTY, MASSACHUSETTS. For mortgagor's(s') title see deed recorded with Berkshire County (Middle District) Registry of Deeds in Book 1343, Page 14. 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. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 201509-0466 - PRP 03/17/17, 03/24/17, 03/31/17
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 Autumn M. Keating and Peter E. Brady to National City Mortgage a division of National City Bank, dated December 10, 2008 and recorded with the Berkshire County (Northern District) Registry of Deeds at Book 1353, Page 494, of which mortgage the undersigned is the present holder by assignment from PNC Bank, National Association, successor by merger to National City Mortgage, a division of National City Bank to Secretary of Housing and Urban Development dated July 30, 2013 and recorded with said Registry on October 22, 2013 at Book 1526, Page 1105 and by assignment from Secretary of Housing and Urban Development to Kondaur Capital Corporation, as separate trustee of Matawin Ventures Trust Series 2013-2 dated October 2, 2013 and recorded with said Registry on October 22, 2013 at Book 1527, Page 17 and by assignment from Kondaur Capital Corporation, as separate trustee of Matawin Ventures Trust Series 2013-2, its successors and assigns, to NNPL Trust Series 2012-1 c/o Christiana Trust, a division of Wilmington Savings Fund Society, FSB dated May 8, 2014 and recorded with said Registry on May 9, 2014 at Book 1538, Page 1001 and by assignment from NNPL Trust Series 2012-1 c/o Christiana Trust, a division of Wilmington Savings Fund Society, FSB to WestVue NPL Trust II dated April 27, 2015 and recorded with said Registry on August 28, 2015 at Book 1574, Page 1097 and by assignment from WestVue NPL Trust II to U.S. Bank National Association, not in its individual capacity but solely in its capacity as Trustee for WVUE 2015-1 dated August 30, 2016 and recorded with said Registry on September 30, 2016 at Book 1605, Page 918, 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 April 6, 2017, on the mortgaged premises located at 18 Grove Avenue, Adams, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land situate in the Town of Adams, County of Berkshire, Commonwealth of Massachusetts, bounded and described as follows: FIRST PARCEL; Beginning at the northwest corner of the premises herein described, which point marks the southwest corner of Lot #2A on a plan entitled ''Plan of Building Lots, Plunkett Grounds - Adams, Mass. owned by W. C. Plunkett & Sons Co., Scale 1'' - 20', dated August 22, 1935 H. C. Neff, Civil Engr.''; Thence easterly along the southerly line of Lot #2A aforesaid on a course south 63 21' east 48.06 feet to a point marking the southeast comer of said Lot #2A; Thence south 14 46' west 70 feet to a point marking the northeast corner of Lot #1A on said plan; Thence north 88 20' west 51.59 feet to the northwest corner of said Lot #1A and the easterly line of a private way; Thence north 16 52' west along the easterly line of the said private way 25.33 feet to a point; Thence north 27 56' east along the easterly side of said private way 71.81 feet to the point of beginning. Meaning and intending to convey Lot #9 as shown on aforesaid plan, which is on file at the Northern Berkshire Registry of Deeds in Map Drawer 7, Plan 31. Together with the benefit of the easements and subject to the reservations contained in deed of purchase and therein set forth as follows: ''Granting also to said grantees a right of way, in common with others, over, along and upon the right of way shown on said plan. ''The grantor reserves the right to maintain any existing water pipe lines or sewers that may at present run through the granted premises, and also reserves the right to construct, repair, maintain, and relay a sewer line through said granted premises for the benefit of any of the lots situate westerly of the right of way shown on said plan, it being understood that any sewer line so constructed to serve any of the aforesaid lots shall not pass under any building on granted premises, and that it shall be so constructed as to cause the least possible damage to the premises hereby conveyed.'' SECOND PARCEL: Lot 9A on a plan entitled ''Plan of Lots Owned by W. C. Plunkett & Sons Co., surveyed July 1940'' which plan is drawn by Henry C. Neff Civil Engineer and is on file at said Registry as Plan 57 in Map Drawer 7. Said lot is more particularly bounded and described as follows: Beginning at the northeast corner of Lot 9, as shown On said plan; Thence south 14 46' west 70 feet to the northeast corner of Lot 1A as shown on said plan; Thence in a generally easterly direction, in the extension of the north line of said Lot 1A 83.91 feet to an iron pin; Thence north 14 26' east 33.92 feet to the point of intersection with the north line of Lot 9 extended easterly; Thence in a generally westerly direction 83.31 feet to the point of beginning. Subject to the conditions set forth in deed of purchase as follows: ''These premises are conveyed on the condition that the grantees shall make no claim against grantor in the event the waters of the Hoosac River shall wash the aforesaid premises or any portion thereof,'' These premises are conveyed subject to the right of the Town of Adams and/or the Commonwealth of Massachusetts by reason of that taking dated January 2, 1957 a
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 9 Pacific Street, Pittsfield, MA 01201 By virtue and in execution of the Power of Sale contained in a certain mortgage given by James Kimpel-Phibbs to Mortgage Electronic Registration Systems, Inc., as nominee for Legacy Banks and now held by Massachusetts Housing Finance Agency, said mortgage dated February 29, 2008, and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 3997, Page 163, said mortgage was assigned from Mortgage Electronic Registration Systems, Inc. as nominee for Legacy Banks to Massachusetts Housing Finance Agency, by assignment dated August 9, 2012 and recorded with said Registry of Deeds in Book 5179 at Page 35; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on April 14, 2017 at 12:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: Beginning at a point in the southeasterly corner of the lot herein described on the westerly side of Pacific Street; thence northerly in the westerly line of said Pacific Street fifty-three (53) feet; thence westerly at right angles to said westerly line of said Pacific Street, one hundred twenty-five (125) feet; thence southerly in a line parallel with said first described line, fifty-three (53) feet; thence easterly in a line at right angles to said last described line, one hundred twenty-five (125) feet to the point or place of beginning. Being lot numbered thirteen (13) as shown of Plan of Lots entitled "Building Lots of Emil Taubert, Pittsfield, Massachusetts, August 1907, Barnes and Spaulding, Engineers", which plan is recorded with the Berkshire Middle District Registry of Deeds in Book 337, Page 633 (Drawer K). The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. For Mortgagor's Title see deed dated February 29, 2008, and recorded in the Berkshire County (Middle District) Registry of Deeds, in Book 3997, Page 153. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. Other terms to be announced at the sale. Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, RI 02860 Attorney for Massachusetts Housing Finance Agency Present Holder of the Mortgage (401) 272-1400 03/17/17, 03/24/17, 03/31/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION ON PETITION FOR ORDER OF COMPLETE SETTLEMENT Docket No. BE15P0084EA Berkshire Probate and Family Court 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 Estate of: Jane T Duquette Date of Death: Jane Helen Trela Duquette, Jane H Duquette, Jane Duquette A Petition for Order of Complete Settlement has been filed by Jason T Duquette of Pittsfield MA requesting that the court enter a formal Decree of Complete Settlement including the allowance of a final account, Determine testacy: and determine the heirs as athey have not been previously formally adjudicated and other such relief as may be requested in the Petition. 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 04/10/2017. 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. WITNESS, Hon. Richard A Simons, First Justice of this Court. Date: March15, 2017 Francis B. Marinaro, Register of Probate Richard X. Drennan, Esq. Drennan Law Offices 8 Bank Row, Suite 200 Pittsfield, MA 01201 413-445-5621 03/24/17
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION ON PETITION FOR FORMAL ADJUDICATION Docket No. BE17P0141EA Estate of: Margaret Mary O'Connor Also known as: Margaret M O'Connor Date of Death: 01/30/1974 Berkshire Probate and Family Court 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Mary Jane O'Connor-Ropp of Wells ME requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. The Petitioner requests that: Mary Jane O'Connor-Ropp of Wells ME be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in an 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 04/12/2017. 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. Richard A Simons, First Justice of this Court. Date: March 15, 2017 Francis B. Marinaro, Register of Probate Pamela R. Green Esq. Smith Green & Gold, LLP 75 North Street, Suite 400 Pittsfield, MA 01201 413-443-1700 03/24/17
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 31 Albermarle Road, Pittsfield, Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by Craig F. Depson to Bank of America, N.A. and now held by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, said mortgage dated April 2, 2008, and recorded in the Berkshire County (Middle District) Registry of Deeds, in Book 4025 at Page 15, as affected by an Assignment of Mortgage dated June 17, 2015, and recorded with said Deeds in Book 5603 at Page 106, of which mortgage the undersigned is the present holder, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on April 14, 2017, at 10:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: Lots No. 186, 187, 188, 193, 194, and 195 shown on Plan of Lots at Pittsfield Terrace, said plan being made by A.L. Elliot, Surveyor, for J.W. Wilbur, and dated June 15, 1907 and recorded in the Berkshire Middle District Registry of Deeds, Book 337, Page 636. The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. For Mortgagor's Title see deed dated April 2, 2008, and recorded in Book 4025 at Page 12 with the Berkshire County (Middle District) Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. Other terms to be announced at the sale. Marinosci Law Group, P.C. 275 West Natick Road, Suite 500 Warwick, RI 02886 Attorney for U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Present Holder of the Mortgage Telephone: (401) 234-9200 MLG File No.: 15-03641 03/24/17, 03/31/17, 04/07/17
PUBLIC HEARING ADAMS PLANNING BOARD In accordance with The Zoning Bylaws of the Town of Adams Massachusetts the Adams Planning Board will hold a public hearing on Monday, April 3, 2017 at 7:00 P.M. at the Adams Town Hall Mahogany Room. A Site Plan Review will be conducted pursuant to Section 125-19, to review the application of Xing Li to establish a restaurant at 131 Columbia Street in the B-2 zoning district. Chairperson: Sandra Moderski 03/17/17, 03/24/17
TOWN OF LEE, MASSACHUSETTS NOTICE OF A PUBLIC HEARING Case No. 471 In accordance with the provisions of MGL Chapter 40A, Section 10 the Zoning Board of Appeals will conduct a public hearing on the application of Thomas Donofrio for a variance from with Section 199-10.3 of the Town of Lee Zoning Bylaws. The bylaw states no construction requiring the installation of any type of sanitary sewer or waste disposal system shall be allowed within 500 feet of Goose Pond except by Variance granted by the Zoning Board of Appeals. The property is located at 36 Chanterwood Road Lee, MA. in the Conservation CR Zoning District and designated as Assessors' Map 33, Lots 2 & 2A. All interested persons should attend the public hearing or submit comments in writing to the Zoning Board of Appeals. Failure to make recommendations on the matter for review shall be deemed lack of opposition thereto. A copy of the application is available for review in the Town Clerk's Office. The public hearing will take place in the Zoning Board of Appeals office on the second floor of Lee Town Hall, 32 Main Street, Lee, MA on Wednesday, April 26, 2017 at 7:00 P.M. Richard Brittain Chairman, Zoning Board of Appeals 03/24/17, 03/31/17
TOWN OF NEW MARLBOROUOGH NOTICE OF PUBLIC MEETING Public Meeting to be held Saturday April 8, 2017 at 10:00 AM at New Marlborough Town Hall (807 Mill River Southfield Road, Mill River, MA) to receive public comment on proposed amendment to the Town's Protective Bylaw, by adding a new Section 12, Temporary Zoning Moratorium On Large-Scale Solar Energy Facilities. Proposed moratorium available at New Marlborough Town Hall, Office of the Town Clerk during regular business hours. The Planning Board. 03/24/17, 03/31/17
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