By virtue and in execution of the Power of Sale contained in a certain mortgage given by James J. Skelly to Middlesex Savings Bank dated August 21, 2002 and recorded with the Middlesex (Southern) District Registry of Deeds in Book 36192, Page 302, of which mortgage the undersigned is the present holder, for breach of the conditions contained in said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 11:00 a.m. on Tuesday, June 26, 2018, upon the mortgaged premises located at 9 Bayberry Road, Groton, Massachusetts, being all and singular the premises described in said mortgage, To Wit:
“The land in said Groton, with the buildings thereon, situated on the northwesterly side of Bayberry Road and being shown as Lot 1 on a plan of land entitled “Sunset Park” Subdivision Plan, Land in Groton, Mass. Prepared for John Tosti & David McAnaul, original survey by Davis & Benoit, Inc., subdivision plan by Richard L. McGlinchey, November 6, 1978, Revise September 7, 1979, scale 1 in. = 50 ft., which plan is recorded with said Registry in Book 13900, Page 514, to which plan reference is hereby made for a more particular description.
Containing 41,008 square feet according to said plan.
For mortgagor’s title, see deed recorded herewith.”
Together with all improvements now erected on the above described premises and all appurtenances, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now attached to the above-described premises, all of which include replacements and additions thereto.
Also together with the personal property and fixtures of every kind and description now owned by James J. Skelly and situated upon the premises or as an improvement thereon, together with any renewals, replacements or additions thereto or substitutions therefore, and now located at, or used in connection with the operation of the premises or the improvements, as same may be covered by said Mortgage.
Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, municipal or zoning regulations or requirements, outstanding tax titles, condominium charges, fees, or assessments, municipal or other public taxes, assessments, outstanding orders of condition or any town requirements, and any liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be, and the rights of tenants and occupants of the mortgaged premises, if any there be. No representation is made as to the status of any improvements at the mortgaged premises and the Buyer purchases subject to all requirements related thereto.
The premises are being sold with the express acknowledgment that the Mortgagee makes no representation or warranty as to the presence or absence of any wetlands or environmental issue at all, or related to the septic or well systems, if any, or as to any contaminants or other substances, as noted under Mass. Gen. Laws 21E, or otherwise. If a violation of MGLA c.21E or any other Massachusetts Statute, Code or Regulation does exist, the correction thereof will be at the Buyer’s sole cost and expense, and shall be separate from the purchase price. The Buyer shall indemnify and hold harmless the Mortgagee from any and all costs, expenses or liability related to any of the aforesaid.
TERMS OF SALE:
TEN THOUSAND ($10,000.00) DOLLARS shall be paid in cash or by certified or bank cashier’s check by the Buyer at the time and place of sale, and the balance to be paid in cash or by certified or bank cashier’s check within thirty (30) days thereafter to Attorney Laura A. Mann, 219 East Main Street, Milford, MA 01757. The successful bidder shall be required to sign a Memorandum of Terms of Sale containing the above terms at the Auction sale.
As an additional condition and term of the sale, in the event the successful bidder refuses to sign the Memorandum of Sale or fails to complete the purchase in accordance with the terms and conditions of said foreclosure sale, the Mortgagee reserves the right to sell the mortgaged premises to the next highest bidder, and so on, and to accept all bids upon the condition that said next highest bidder shall deposit with mortgagee’s attorney the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder. Mortgagee may, in its sole discretion, but shall not be required to, utilize this process with each subsequent bidder under the same terms. Upon deposit of the $10,000.00 earnest money by the next highest bidder, said bidder shall become the Buyer for purposes of the foregoing paragraphs and completion of the sale. In addition, in the event of default by the successful Bidder and the next highest bidder(s), Mortgagee also reserves the right to assume the next highest bid and proceed with the purchase of the property in accordance with the Memorandum of Sale.
This sale may be postponed or adjourned from time to time, if necessary, by the Mortgagee at the scheduled time and place of sale. 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 the sale.
MIDDLESEX SAVINGS BANK
Present Holder of Said Mortgage
By Its Attorney,
Laura A. Mann
219 East Main Street
Milford, MA 01757
The Zekos Group Auctioneers
Paul Zekos, Auctioneer
MA License No. 104
5/25, 6/1 and 6/8/2018