HomeMy WebLinkAbout5193 897 Route 28 DeedMASSACHUSETTS STATE EXCISE TAX
BARNSTABLE C0UNTY REGISTRY OF DEEDS
See Attached Affidavit Date: ol-04-2019 & 12:35ps
CtIY: 667 DocT: 530
Fee: $IY299.60 Cons: $380000.00
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
0abe; 01-04--2019 9 12:35pm
Ct l : 667 Doct : 530
Fee: $IY162.80 Gans: *380?000.00
FORECLOSURE DEED
WHEREAS, The Laundry Center of Cape Cod, Inc. Trustee of the
Barbara -Rose Realty Trust u/d/t dated July 1, 2008 and recorded with the
Barnstable County Registry of Deeds in Book 23020, Page 20, did, by a certain
¢ Mortgage dated July 1, 2008 and recorded on July 1, 2008 with the Barnstable
County Registry of Deeds in Book 23020, Page 29, convey the premises herein
`= described to Eastern Bank, successor by merger with The Community Bank, A
Massachusetts Cooperative Bank, and whereas in and by said Mortgage, the
grantee therein named, or its assigns, were authorized and empowered, upon any
default in the performance or observance of the condition of said Mortgage, to sell
the said premises with all improvements that might be thereon, at public auction in
South Yarmouth, Barnstable County, Massachusetts, first publishing a notice as
therein required, and to convey the same by proper deed or deeds to the purchaser
or purchasers absolutely and in fee simple; and whereas, there has been such
default, and notice has been published, and a sale has been made, as will more
particularly appear in and by the affidavit hereto to be subjoined.
Q
NOW, THEREFORE, know all men that Eastern Bank, successor by merger
with The Community Bank, A Massachusetts Cooperative Bank, present holder
of said Mortgage, by virtue and in execution of the power contained in said
Mortgage as aforesaid, and of every other power it hereto enabling, and in
consideration of the sum of Three Hundred Eighty Thousand and 00/100
($380,000.00) Dollars to it paid by NANTUCKET SOUND GROUP, INC., the receipt
whereof is hereby acknowledged, do hereby GRANT, BARGAIN, SELL, and CONVEY
unto the said NANTUCKET SOUND GROUP, INC., a Massachusetts business
corporation, with an address of 168 South Street, South Yarmouth, MA 02664, all
and singular the premises conveyed by the aforesaid Mortgage, namely:
Three (3) certain parcels of land all located in the Town of Yarmouth (South),
Barnstable County, Commonwealth of Massachusetts 02664, and more
particularly described as follows:
1
Bk 31764 Pg269 #530
See Attached Affidavit
Parcel 1
The land situated in South Yarmouth, Barnstable County, Massachusetts and
having a present address of 7 Pine Grove Road, and described as follows:
Being shown as LOT 9 containing 11,911 square feet of land on a plan by
Barnstable Survey Consultants, Inc. dated November 1979 and recorded with
Barnstable Registry of Deeds in Plan Book 243, Page 53.
Parcel 2
The land in South Yarmouth, Barnstable County, Massachusetts and having a
present address of 15 Pine Grove Road, and described as follows:
Being LOT 8 as shown on a plan of land entitled, "Subdivision of Plan of Land
in South Yarmouth, Massachusetts for P.A.L. et al, scale one inch equals 60
feet, November 1970, Barnstable Survey Consultants, Inc.", said plan is
recorded in Book 243, Page 53 at Barnstable Registry of Deeds.
Parcel 3
The land in South Yarmouth, Barnstable County, Massachusetts on the State
Road leading from South Yarmouth to Hyannis, bounded and described as
follows:
Beginning at the northerly corner on the State Road aforesaid at a stake or
stone;
Thence running southerly by said State Road aforesaid;
Thence northeasterly by land now or formerly of John G. Sears and Millard F.
Jones to a stone;
Thence westerly by land now or formerly of John G. Sears to first bound and
place of beginning.
Being a triangular parcel and containing one-half acre, more or less, said
premises having a present address of 897 Route 28.
F
Bk 31764 Pg270 #530
See Attached Affidavit
Said Parcels 1, 2 and 3 are conveyed subject to and with the benefit of rights
or way, easements, restrictions, rights, reservations and agreements of record
insofar as the same are now in force and applicable and are more particularly
shown as Lot 1 on plan recoded with the Barnstable County Registry of Deeds
in Plan Book 501, Page 37.
Being the same premises conveyed to The Laundry Center of Cape Cod, Inc.,
Trustee of Barbara -Rose Realty Trust, by deed of Gerald E. Golia, Trustee of Cape
Cod Laundry Center Trust, u/d/t dated 'June 30, 2004 and recorded in the
Barnstable County Registry of Deeds in Book 18786, Page 175.
Without limiting the generality of the foregoing descriptions of said three
parcels, meaning and intending to convey and hereby conveying the "mortgaged
premises" as more fully described and defined in the said mortgage recorded in
Book 23020, Page 20 but excluding all personal property, machinery and
equipment.
Eastern Bank, the present holder of the mortgage, is the successor by merger
with The Community Bank, which was the holder of said mortgage at the time of
merger.
TO HAVE AND TO HOLD the same to the said NANTUCKET SOUND GROUP,
INC. and its heirs and assigns, to their own use and behoof forever.
IN WITNESS WHEREOF, the said Eastern Bank has caused its corporate seal
to be hereto affixed and these presents to be signed in its name and behalf be J.
Kaznoski, its Senior Vice President and duly authorized representative, this ay
of January, in the year two thousand and nineteen.
See Vote of Eastern Bank
registered as Document No.
1,186,850 with the Barnstable
County District of the Land Court.
EASTERN BA
The Com pity
A MassacrlsetU
Pete 1.
successor by merger with
operative Bank,
Senior Vice President
Bk 31764 Pg271 #530
See Foregoing Foreclosure Deed
COMMONWEALTH OF MASSACHUSETTS )
) ss.
COUNTY OF ESSEX )
On this - day of January 2019, before me, the undersigned notary public,
personally appeared Pete J. Kaznoski, Senior Vice President, and duly authorized
representative of Eastern Bank, who proved to me through satisfactory evidence of
identification, which was ❑ photographic identification with signature issued by a
federal or state governmental agency, ❑ oath or affirmation of a credible witness
personal knowledge of the undersigned, to be the person whose name is signed on
the preceding or attached document(s), and acknowledged to me that he signed it
voluntarily for its stated purpose and acknowledged the same to be his free act and
deed and the free act and deed of Eastern Bank, as aforesaid.
6'� *?14- �Q t
Notary Public a f ��-i?I - e) (L)0M",e
My Commission Expires: f
Bk 31764 Pg272 #530
it
AFFIDAVIT
I, Pete J. Kaznoski, Senior Vice President and duly authorized Agent of the said
Eastern Bank, successor by merger with The Community Bank, A
Massachusetts Cooperative Bank, on oath depose and say, on behalf of the said
Eastern Bank, that default has been made in the payment of the principal and
interest mentioned in the condition of the Mortgage above referred to, the said
principal and interest not having been at the time when it became payable, or at any
time, paid or tendered to any person authorized to receive the same; and that,
pursuant to the provision of said Mortgage and to the requirements of the Statutes
of the Commonwealth of Massachusetts, the said Eastern Bank published on
November 14, 2018, November 21, 2018, and November 28, 2018, in the Cape Cod
Times, a newspaper published in Barnstable County, Massachusetts and having a
general circulation in South Yarmouth, Barnstable County, Massachusetts aforesaid
notice of which the following is a true copy:
(See Exhibit "A" attached hereto and made a part hereof)
I certify that the provisions of the Massachusetts General Laws, Chapter 244,
Section 14, as amended were complied with by mailing a copy of the notice of sale
by certified mail, return receipt requested on November 12, 2018 to the Mortgagors
and others entitled to notice thereof, and that the Mortgagors were not in the
military service on the date of sale or within nine months after a period of military
service.
And I further depose and say that, pursuant to said notice and at the time and
place therein appointed, the said default still continuing, upon the mortgaged
premises, at which time, the said Eastern Bank, sold the premises conveyed by said
Mortgage at public auction by Daniel P. McLaughlin, of Daniel P. McLaughlin & Co.,
LLC, a duly licensed auctioneer, to Paul Cleary (or Nominee), for Three Hundred
Eighty Thousand and 00/100 ($380,000.00) Dollars which amount was bid by Paul
Cleary and was the highest bid made therefor at said auction, which bid was
assigned by Paul Cleary to Nantucket Sound Group, Inc.
5
Bk 31764 Pg273 #530
z�
Witness my hand this / _ day of January, 2019.
EASTERN BA successor by merger with
The Com Bank, A Massachusetts
CoonerAKe Bank
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX
Pete J. Kaznoski, Senior Vice President
)
) ss.
On this ? day of January 2019, before me, the undersigned notary public,
personally appeared Pete J. Kaznoski, Senior Vice President, and duly authorized
representative of Eastern Bank, successor by merger with The Community Bank, A
Massachusetts Cooperative Bank, who proved to me through satisfactory evidence
of identification, which was ❑ photographic identification with signature issued by a
federal or state governmental agency, ❑ oath or affirmation of a credible witness„<
personal knowledge of the undersigned, to be the person whose name is signed on
the preceding or attached document in my presence, and who swore or affirmed to
me that the contents of the document are truthful and accurate to the best of his
knowledge and belief � h
Notary Public:
My Commission Expires:
CLftK,�``�r
2
Bk 31764 Pg274 #530
EXHIBIT "A"
CAPE COD TIMES
PROOF OF PUBLICATION
MORTGAGEE'S SALE OF REAL ESTATE Eaatefn Bank the presetR odder of the mortgage, b Ure successor
( hyr merger with Tile CoOwnurdty Bank vrhith was t1e holder of said
1 By vimre and In execution at the POWER OF SALE hwnhkled Ina morfpa0eat 8tetime tN nherger.
' certain Mortgage given by The Laundry Canter of Cape Cod, Inc..
' Truebe of Berbera Rose Realty Trust. to Eastern Bank, successor by Said Pr+mkes v0 be sold subject to any and all valid superior or
merger with The Community Bank a Massachusetts CaoperaUue P W<ro an tie said pmmi$M Including Ibrw, encumbrances, at- I
Bank. dated July 1, 20M and recorded on July 1. 2W8 wish 1M tadlmenls. ivies, urdW taxes, mortgages easements. rights-dt-
Bamshbk County Registry a1 Deeds rn Book 23020 Page 29. of +ray acerrparides, losses municipal dharges or other detach of Me.'
which Mortgage the undersigned is the present holder, far breach of girl, able dWdd and municipal faxes, tlars and assessments
the eondmons of said Mortgage and for the purpose of foreclosing and rights of reds"' I under applicable Wand will be com W
i tie sable, a0 and sbhguiar Me premises. described in said Mortgage I splijon say al tie above and shall, notwltlrshndug this sale, oon-
{ will be sold at Public Auction on Wednesday, Decamber 5 2018 of aBgrla valid superior prior Iles or encumbrances thereon after said
12-V P.M.. on the Promises, located at $97 Main Street (R" 25), £ uls. Furtfue r. In the ward That the proceeds of trim sale ben not sutfr•
SOLO Ywmoulh; Santslible County, Massachusettsdent to pair al sums due to the Mortgagee. the Mortgagee reserves {
the right and power under saki Mortgage to foradose any and of oth-
Towit: her property mortgaged pkreunder or under asp other Mortgage or
Three �(3} �a•rtan parcels of land all loafed in the T ran of Yet.
! AW9rd. Mortgagee reserves the right to bid lithe aac-
mprM {{SOWn), Barnstable County. Commorwrsalth of Alesaathu-
sets 02884, and more partladarly clacdbed as follows. - M Oee reserves the right to adjoum Ube sofa from floe to tune, t
( In the everd Ihet Ile bucaesshA bidder at the foreclosure sale shot
Far
0d'' tics attinafep nndlorthethl m thMatiarNergidum of subs amaramdft "ao-t
Thr land situathd in swlfi Yarmouth. eamslabie County, Mean- the tee of the foreclosure, the Mortgagee reserves the ilght, tzar- i
dtuselp end having a presort address of 7 Pine Grove Road, and de-' dsaeb at is sob 00w. to sal the premises by toretWsure deed to
scribed as lollowa the second highest bidder tar an amourd equal to such second high-
: at bidder's hgheat W. pm wed Me such second highest bidder
Bang alrowrth as LOT 9 coo 11,9I I square teat of land on a abet deposit with Mortgagor's Mmey the amomd of thr requlnd
plan by Be Survey Cons soft Ina. dated November IM , deposit as set forth hetdn and shall executor and tWlwr the Memoj
and racarded with f isle Registry of Deeds n Plan Book 243. sedum, Of Sue within Uve S) business days Biter written notice of f
Page53. the defauh of the previous highest bidder. and title shall be conveyed !!
i �Io sodn second hgthest bidder wttMn thirty (30} dents of such wrdtert '
F Paled 2 MON. In Rue av Out such seeod highest bidder does not axe- i
rule and deliver the Me oarandum of Sale within such period of two
The tend in Soutu Yarmouth. Barnstable County, moneadrusem (S) 4uatness days. or ddauka In prurlusing the premises affording
�d �ayNtp a present address e! 15 Pne Grove Road and described m the temp of a Mtemaranduim of Sob,. the tNertgagee reserves the
184 klbwse *11, camidlable at its sole option, to set the promises Dy
dforedo-
.
rue Wowe deed to far Me amOtad Or such second highod bid.
ount of
:OiW*O egruis 80 fool Novemberr119�Bamstabb dirty iTan Thousand and OW Ibn(ic$10.wodable i)) onge s -up if the eowptance
CBarlslable n cagh or by bank or by 0e*
Regitnc.stry
of Deeft is recorded. in Book 243 Pap 53 Bi lot the at I8ed Meek. TBad xoesslul Wd� will be required is sign Memo-
s tradum Of Sab at the cw4ualon of the atcton n the form prdvlded
I PaI�I'3 by robe too (IMortmeo. The M 0%�dum at sale llu purduse prices within 8vao j5j
The WIG N South ng oath ouch Barnstable Count. �boodedd an }� w1bin tlrkttr f301 darts of ssaldd saer the auctiom The balance of thelt such bid
Cie Starr Road lead ham South Yarmouth ro �d
Andd ikohlbed as lolw* der bo pay costs of transfer. Ing recording ides and do umne ra-
ry>'
r Ba06in4q M tie northerly comer on the State Road afenesdd at a
I, at* at shnx sale may be posiyotied a adjourned from time to time. If aw•
Aerate "109 SOtrtberly by said State Road aforesaid; at the scheduled Ime and
by
the��ft Moffthe �promises � d n said
e seal ON" n the land of :typographical error in We
7fuena northeasterly as by kip +row W lOrtrherlir Of John G Seas and
Millard F. Janes ro a stone
Tben� place ofby tood beginning.now or larnerly of John G. Seers l0 8ust E
Other tams to be aMuomiced b Me sale.
bound
Babtp a WMu lar Period end coital" one-half acre, more or
EASTERN f1AK
ten, sold Issas hsvng a preset address of 097 Roam N. .
Shed Parcels 1. 2 and 3 are conveyed subled to and with the bee* pry bower ON said IAautgage,
0t donis at way, senherrla, restrictions, rlgflh taservrdlOts she BY Its Almrneys,
agreements at recut insoter as the same sit nave In force and appE a Thoa►as E Pordm Esquire
Caleb and are Mon particularly sham as Lat 1 m pin nWdad Y+III ! HrlYlOf E 1MYfiN P.C.
the Barnstable Count Registry of Deeds in Pin Book 501. Pale 37. 90 Mbw State fN9hway
Biing the acme premises conveyed to The Laundry Canter of Cape ! T (W) W3-4%7
CDC Inc TmWe of Barbara -Ross halt Trust. by deed of Gerald E. ( 11/14.11R1. fir s
Goila. Trustee of Cope Cod Lundry Center Trust uW dated June Book 187% Papa 176
NON I UN
30. M aced recorded ,n the flamsWer County Registry o1 Deeds in
Bk 31764 Pg275 #530
ASSIGNMENT OF BID
Barnstable, ss January 4, 2019
For good and valuable consideration, including $38,000.00 as set forth in the
attached Mortgagee's Affidavit of Sale, I, PAUL CLEARY, the successful bidder
described therein, hereby assign my bid and all of my right title and interest in and
to the premises situated at 897 Main Street (Route 28), South Yarmouth,
Barnstable County, Massachusetts and described in the Mortgage given by The
Laundry Center of Cape Cod, Inc., as Trustee of the Barbara -Rose Realty Trust to
The Community Bank(now held by merger by Eastern Bank) dated July 1, 2008
and recorded with the Barnstable County Registry of Deeds in Book 23020, Page
29 to:
NANTUCKET SOUND GROUP, INC., a Massachusetts business corporation with
an address of 168 South Street, South Yarmouth, MA 02664.
This assignment is made without recourse, subject to all terms and conditions
contained in Auctioneer's Memorandum of Sale of Real Estate and the Additional
Terms and Notices of Mortgagee' Sale of Real Estate.
PAUL CLEARY
The undersigned hereby accepts this Assignment of Bid and agrees to perform in
accordance with the terms of the said Auctioneer's Memorandum of Sale of Real
Estate
NANTUCKET SOUND GROUP, INC.,
T MA�.UHAN,. its President and Treasurer
Bk 31764 Pg276 #530
THE COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss January 4, 2019
Then personally appeared the above -named PAUL CLEARY as aforesaid and
acknowledged the foregoing instrument to be his free act and deed and the free act and
deed of the Corporation before me,
�{{N{IIINgrrys
J( "
Notary Public
Notary Public
?S o+"••.. } Corranonmith of Masfrachusees
•w �rriii Oa\\ '�-: MY Comrrassron Expires May i 7, 2o24
A.
THE COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss
January 4, 2019
Then personally appeared the above -named THOMAS J. RUHAN, President
and Treasurer as aforesaid and acknowledged the foregoing instrument to be his free
act and deed and the free act and deed of the Corporation before me,
4
Notary Public
My Commission Expires: �AaA �--� 7-0Z4
f
KATE N EDWARDS
Notary PLA35c
��e y ;'
c�rearDnn2attlr tr Massaouwffs
Cos oissron Exrrres May 17. 2024
BARNSTABLE REGISTRY OF DEEDS
Jahn F. Meade, Register