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MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by JAMES P. GRADY, JR. AND MARILYN O. GRADY to WESTFIELD BANK, said mortgage being dated November 7, 1990, and recorded in the Hampden County Registry of Deeds in Book 7584, Page 348, 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 1:00 O'Clock P. M., on Thursday, October 17, 2002, upon the premises described in said mortgage, namely 87-89 Elm Street, Westfield, Hampden County, Massachusetts, all and singular the premises described in said mortgage, to wit: " PLEASE TYPE THE DESCRIPTION THAT IS ATTACHED IN THIS QUOTED AREA " Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assessments, liens or claims in the nature of liens, rights of parties in possession, and existing encumbrances of record created prior to the mortgage, if any there be. No representations, express or implied, are made with respect to any matter concerning the premises which will be sold "as is". The successful high bidder will be responsible for paying the Massachusetts State Documentary Tax Stamps, all closing costs and all recording fees. TERMS OF SALE: The highest bidder in the sale shall be required to deposit cash, bank treasurer's check or certified check in the amount of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) at the time and place of the sale of the premises to be held by the Mortgagee, and the balance of the purchase price shall be paid in cash, certified or bank treasurer's check at the closing which shall occur within thirty (30) days after the date of foreclosure sale, time being of the essence, unless the Mortgagee agrees otherwise. The successful bidder at the sale shall be required to sign a Memorandum of Terms of Sale containing the above terms at the auction sale. In the event that the successful bidder at the public auction shall default in purchasing the within described property according to the terms of this Notice of Mortgagee's Sale and/or the terms of the Memorandum of Sale executed at the public auction, the Mortgagee reserves the right, at its election, to sell the property to the second highest bidder at the public auction provided that Mortgagee, in its discretion, may require (1) said second highest bidder to deposit the amount of the required deposit as set forth herein within three (3) business days after written notice to the second highest bidder of the default of the previous highest bidder, (2) the second highest bidder to execute a Memorandum of Sale, and (3) the closing to occur within twenty (20) days of said written notice, time being of the essence unless the Mortgagee agrees otherwise. The Mortgagee reserves the right to sell any parcel or any portion thereof separately, or in any order that Mortgagee may choose and/or to postpone this sale to a later time or date by public proclamation at the time and date appointed for the sale and to further postpone any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. Other terms, if any, to be announced at the time and place of the sale. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.
WESTFIELD BANK, Present Holder of said Mortgage
By Gary L. Fialky, Its Attorney
BACON & WILSON, P.C. 33 State Street Springfield, MA 01103
September 12; September 19 and September 26, 2002 |