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MORTGAGEE’S SALE OF REAL ESTATE
July 12, 2002
By virtue and in execution of the power of sale contained in a certain mortgage given by Carilorz Corp. to The First National Bank of Boston dated April 1, 1994 and recorded with Middlesex South District Registry of Deeds in Book 24427, Page 472, 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 in the afternoon on NOVEMBER 15, 2002, on the premises located at 35 Scales Lane, Townsend and at 2:00 o’clock in the afternoon on the premises located at 4 Lomar Park Lane in Pepperell, Massachusetts, all and singular the premises described in said mortgage (the "Mortgaged Premises"), to wit:
"PARCEL I:
That certain parcel of land in Townsend, Massachusetts, which is shown on a plan entitled "Subdivision Plan of Land, Raymond L. Adams and Edwin S. West," dated June 30, 1976, and prepared by Thomas F. Moran, Inc., Civil Engineers and Surveyors, of Bedford, New Hampshire, to be recorded herewith, and which is bounded and described as follows:
BEGINNING at the northerly corner thereof at a point on the southwesterly side of Scales Lane, formerly Scales Lane Extension which point is 1,007.44 feet southeasterly (measured along the northwesterly line of said Scales Lane Extension) of the northwesterly end of the northwesterly line of said Scales Lane (Extension) as shown on a plan entitled "Scales Lane Extension, Prepared for Raymond L. Adams and Edwin S. West" dated December 17, 1971, and prepared by Earle W. Soper, Jr. and Thomas F. Moran, Surveyors, Brookline, New Hampshire, and recorded in Middlesex Southern District Registry of Deeds, Book 12155-END, Plan No. 115-A 7 B of 2;
THENCE, South 46º 15’ 15" East, by said southwesterly line of Scales Lane, 40.12 feet;
THENCE, still by said southwesterly line of Scales Lane, by a clockwise curve having a radius of 350 feet, a distance of 199.92 feet;
THENCE, still by said southwesterly line of Scales Lane by a counter-clockwise curve having a radius of 450 feet, a distance of 313.20 feet;
THENCE, South 53º 24’ 15" East, still by said southwesterly line of Scales Lane, 148.87 feet;
THENCE, South 32º 55’ 20" East, by said Mortgagor’s other land, 612.95 feet, to land now or formerly of Bayberry Hills Corporation;
THENCE, North 51º 22’ 30" West, by said Bayberry Hills Corporation land, 78.27 feet, to a stone wall;
THENCE, North 52º 43’ 35" West, still by said Bayberry Hills Corporation land and said stone wall, 372.94 feet;
THENCE, North 53º 47’ 55" West, still by said Bayberry Hills Corporation land and said stone wall, 195.18 feet;
THENCE, North 32º 55’ 20" East, 795.83 feet, to the place of beginning.
The Mortgagor also grants to the Mortgagee the perpetual right and easement to use in common with the Mortgagor, their heirs and assigns, for all purposes for which a road servicing an industrial site is normally used so long as such does not unreasonably interfere with the use thereof by others having a right to use it, that portion of Scales Lane which is shown on the plan above-referenced to and which is bounded and described as follows:
BEGINNING at the northerly end of the southwesterly line of said Scales Lane at a stone wall at land now or formerly of Leonard B. Smith, et us;
THENCE, southerly by a counter clockwise curve having a radius of 375 feet, a distance of 159.35 feet;
THENCE, South 8º 30’ 45" West, 173.88 feet;
THENCE, southeasterly by a counter clockwise curve having a radius of 218.06 feet, a distance of 208.43 feet;
THENCE, South 46º 13’ 15" East, 505.90 feet;
THENCE, southeasterly by a clockwise curve having a radius of 350 feet, a distance of 199.92 feet;
THENCE southeasterly by a counter clockwise curve having a radius of 450 feet, a distance of 313.20 feet;
THENCE, northeasterly, crossing said Scales Lane by a line perpendicular to the last course, approximately 30 feet, to the northeasterly line of said Scales Lane;
THENCE, northwesterly by a clockwise curve having a radius of 400 feet, a distance of 278.40 feet;
THENCE, still northwesterly by a counter clockwise curve having a radius of 400 feet, a distance of 228.48 feet;
THENCE, North 46º 15’ 15" West, 505.90 feet;
THENCE, northwesterly by a clockwise curve having a radius of 168.06 feet, a distance of 160.64 feet;
THENCE, North 8º 30’ 45" East, 173.88 feet;
THENCE, northerly by a clockwise curve having a radius of 325 feet, a distance of 100.14 feet, to land now or formerly of George C. King, et ux;
THENCE, North 46º 15’ 15" West, by said King land, 6.93 feet;
THENCE, North 15º 13’ 10" West, crossing said Scales Lane 35.13 feet to a hub at land now or formerly of Leonard B. Smith et ux;
THENCE, North 60º 32’ 15" West, by said Smith land, 4.39 feet to the place of beginning.
Being the same premises conveyed to Elsa Williams, Inc. by deed of Raymond L. Adams, et al Trustees dated September 16, 1976 and recorded in Book 13058, Page 654.
PARCEL II
The land with the buildings thereon located on the southeasterly side of Nashua Road, Pepperell, Massachusetts shown as Lot (4A-4B) containing 3.546 acres and 0.492 acres on a plan of land by Thomas F. Moran, Inc. entitled "Plan of Easements prepared Lomar Industrial Park Corp. Pepperell, Massachusetts" dated July 1982 and recorded in Book 14693, Page 441.
This mortgage is subject to a perpetual easement granted to the Town of Pepperell dated
August 10, 1982 recorded in Book 14673, Page 443 and to a perpetual easement imposed on Mortgagor’s land dated August 10, 1982 and recorded in Book 14693, Page 441.
Being the same premise conveyed to the Mortgagor by deed of Johnson Creative Arts, Inc., dated December 5, 1989 and recorded in Book 20244, Page 361.
This description creates no new boundaries."
Said sale shall be subject to:
- all outstanding real estate taxes, electricity, sewer and water charges, betterment assessments and other municipal liens and any pending proceedings for the enforcement of such liens;
- any outstanding orders of the Department of Health, or any other municipal, state or Federal agency;
- any existing tenants or other parties in possession; and
- rights, easements, restrictions, covenants, rights of way and mortgages of record having priority over the foreclosed mortgage.
Terms of Sale: The two (2) parcels comprising the mortgaged premises will be offered first in bulk as a single parcel and immediately thereafter as individual parcels. The Mortgagee reserves the right to sell the mortgaged premises as individual parcels or in bulk as a single parcel according to whichever produces the greatest amount; provided that if the total of the bids for the individual parcel exceeds the bid for the parcels in bulk by less than five percent (5%), the bidder for the parcels in bulk has the right to increase the amount of his bid to equal the total of the bids for the individual parcels and to be awarded the sale. A deposit of $75,000.00 for 35 Scales Lane, Townsend; $50,000.00 for 4 Lomar Park Drive, Pepperell or $125,000.00 for the entire premises is to be paid by certified check or bank check by the purchaser at the time and place of sale. The balance is payable at the closing. The closing will occur within twenty (20) days after the date of sale at the offices of Mirick, O’Connell, DeMallie & Lougee, 1700 Mechanics Bank Tower, Worcester, Massachusetts 01608-1477. Other terms to be announced at the sale.
The Mortgagee reserves the right to continue the sale from time to time by public announcement at the time and date of the original or any continued sale.
If the highest bidder fails to complete the purchase of the premises on the terms provided in this Notice and in the Agreement of Sale signed following the auction, the Mortgagee reserves the right to convey the premises to the second highest bidder at the auction. If the Mortgagee exercises that right it will notify the second highest bidder who will then have three (3) days to deliver the deposit specified above to the Mortgagee’s attorney, Mirick, O’Connell, DeMallie & Lougee, llp, and to agree upon a date for delivery of the deed.
FLEET NATIONAL BANK
Mirick, O’Connell, DeMallie & Lougee, llp
100 Front Street
Worcester, MA 01608-1477
Aaron Posnik & Company, Inc., Auctioneer
Mass State License #161
David Mendel
413-733-5238
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