|
750 Crawford Street Fitchburg, Massachusetts By virtue and in execution of the Power of Sale contained in a certain Mortgage given by RICHARD E. MAZZAFERRO, AS TRUSTEE OF M.C. REALTY TRUST, under a Declaration of Trust dated May 31, 1994 and recorded with the Worcester Northern District Registry of Deeds in Book 02581, Page 286 to BankBoston, N.A. dated November 20, 1997 and recorded with the Worcester Northern District Registry of Deeds in Book 3097, Page 105 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 o'clock, A.M. on the 18th day of September, A.D. 2002, on the mortgaged premises described below, being known as 750 Crawford Street, Fitchburg, Worcester County, Massachusetts all and singular the premises described in said Mortgage, to wit: A certain tract of land, with any buildings thereon, in Fitchburg, Worcester County, Massachusetts and the restrictions with reference thereto, bounded and described as follows: BEGINNING at the most southwesterly corner of land herein described, said point being on the easterly sideline of Crawford Street as laid out in 1964 and being 378.33 feet northerly of a stone bound marking the Town Line between Fitchburg and Leominster; THENCE continuing along the easterly sideline of Crawford Street N. 12° 06' 40" W. 200 feet to a point of curve; THENCE by a curve to the left, a radius of 800 feet, along the easterly sideline of Crawford Street 160.25 feet as measured on the arc to a corner; THENCE N. 74° 54' 28" E. 346.81 feet along land to be retained by former grantor, to a corner at the Town Line, said point being S. 29° 49' 11" E. 300 feet from bound "F-L"; THENCE S. 29° 49' 11" E. 445.77 feet along the Town Line to a corner at land of Wheeling Atlantic Inc.; THENCE S. 83° 41' 56" W. 468.34 feet along land of Wheeling Atlantic Inc. to a corner at the easterly sideline of Crawford Street and the place of beginning. The above-described parcel contains 3.58 acres of land more of less as shown on Plan 24-G-8860-A at the office of the City Engineer. The transfer shall be subject to the right of the City of Fitchburg to maintain for as long as necessary the poles and wires now located on the above-described premises. RESTRICTIONS, insofar as the same may still be applicable: 1. The exterior of the building must be maintained in a neat appearance. 2. Grounds must be landscaped to provide lawns or hardtop parking areas at the front of the building and a reasonable amount of planting of evergreen shrubs bordering the front portions of the buildings facing the street. 3. Driveways and sidewalks entering the property must be of a hardtop surface. 4. Landscaping plans and building plans must be submitted to the Industrial Development Commission for approval. 5. Contractors must establish grades in conformance with grade specifications as indicated on a map entitled "Proposed Industrial Sites – City of Fitchburg – 1964" which map is on file in the office of the City Engineer, Fitchburg City Hall, 718 Main Street, Fitchburg, Massachusetts. 6. Construction of the Grantee's new building must be started within six (6) months of the date of transfer by deed, and is to be continued with regularity until the building shall be completed. This restriction shall not, however, prevent the construction of other buildings as Grantee may from time to time desire. 7. Gravel, loam, or fill, if to be removed from the granted premises, shall be removed only to such locations in the vicinity of the granted premises as are specified by the Industrial Development Commission of the City of Fitchburg, and is not to be sold by the Grantee. 8. In addition to its right to enforce the foregoing restrictions at law or in equity, the Grantor shall have the right and option to have any work required thereby done at the expense of the Grantee, its successors and assigns. 9. The requirement that construction of the Grantee's new building, must be started within six (6) months of the date of transfer by deed may at the election of the Grantor, be treated as an express condition, for the violation of which the above-described premises shall revert to the Grantor, in which event any sums paid by the Grantee to the Grantor shall be retained by the Grantor as liquidated damages. Being the same premises conveyed by deed of Leo A. Gelinas, dated January 4, 1982 and recorded with the Worcester Northern District Registry of Deeds in Book 1280, Page 105. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at 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. Said premises will be sold and conveyed subject to and with the benefit of all restrictions, easements, improvements, outstanding tax titles, mortgages, liens, rights of tenants and parties in possession, unpaid taxes, municipal liens and other public taxes, assessments or liens, having priority over the mortgage described herein, if any, as shall, notwithstanding this provision, constitute valid liens or encumbrances thereon after said sale. 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, MacAdams & Wieck Incorporated, the amount of the required deposit as set forth within three (3) business days after written notice of default of the provisions highest bidder and title shall be conveyed to said second highest bidder within twenty (20) days of said written notice. TERMS OF SALE: Fifty Thousand Dollars ($50,000) must be shown at the time, date and place of sale in order to qualify as a bidder and will be required to be paid as a deposit in cash or by certified or bank check at the time and place of sale. The balance is to be paid in cash or by certified or bank check within thirty (30) days of the date of the sale at the firm of MacAdams & Wieck Incorporated, 101 Dyer Street, Suite 400, Providence, Rhode Island. Deed shall 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 a typographical error in this publication. Other terms, if any, to be announced at sale. FLEET NATIONAL BANK,a national banking association Present holder of said mortgage by its attorneys, Richard L. Gemma, Esq. #553880 MacADAMS & WIECK INCORPORATED 101 Dyer Street, Suite 400 Providence, RI 02903 (401) 454-8700 |