MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by John F. Gallagher to Ralph DiGirolamo and Richard DiGirolamo, Trustees of R & R Trust, dated September 24, 2008 and filed on September 26, 2008 with the Essex County (Southern District) Registry of Deeds as Document Number 492826 of which mortgage the undersigned is the present holder, and in which the mortgaged premises consist of a certain parcel of land with the buildings and improvements thereon located in Manchester-by-the-Sea known as 9 Moses Hill Road , Manchester-by-the-Sea, Massachusetts, 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 PM on the 18th day of January 2024, at the mortgaged premises located at 9 Moses Hill Road, Manchester-by-the-Sea, Massachusetts, all and singular the premises described in said mortgage.
To wit:
The land in Manchester-by-the-Sea with the buildings shown as Lot 55 on a plan of land entitled: “Plan of Land in Manchester, Massachusetts, Prepared for Reid and Janet Boynton, 9-11 Moses Hill Road, Prepared by LeBlanc Survey Associates, Inc., 161 Holten Street, Danvers, MA 01923; Dated: December 13, 2006; Scale 1”=30’.
Said Lot 55 is shown on Land Court Plan #1449-3 and contains 30,005 square feet according to said Plan.
All of said boundaries are determined by the Court to be located as shown on said Plan, as approved by the Court and filed in the Land Registration Office, a copy of which is filed in the South Essex Registry District in Registration Book 448, Page 80512 with Certificate No. 80512.
The above described land has the benefit of a right of way over lot 37, shown on plan filed with Certificate of Title 32808, being a way twenty (20) feet wide, as described in deed from Moses Hill Corporation to the Core House Corporation dated November 20, 1963, and filed as Document 108395 in said Registry.
The above described land is subject to and has the benefit of a right of way over Moses Hill Road, as shown on said plan.
The above described land is subject to the restrictions and provisions as described in a instrument given by Moses Hill Corporation dated January 6, 1961, and filed as Document 95706 in said Registry.
See Approval as to Restrictions dated November 20, 1963, and filed as Document 108439 in said Registry.
Said lot is conveyed together with a 1/30 interest in Lot 31 shown on Plan No. 14490-P as described in Certificate of Title No. 70252.
The above described land is subject to and with benefit of the restrictions and provisions described in an instrument given by Janet W. Boynton and Reid Boynton dated April 27, 2007, and filed as Document 482241 in said Registry.
For title see Deed filed with the Essex County (Southern District) Registry of Deeds as Document Number 487563 with Certificate of Title Number 82177.
Said sale is subject to a mortgage to IndyMac Bank, F.S.B in the original principal amount of $948,000.00 dated April 27, 2007, and filed with the Essex County (Southern District) Registry of Deeds as Document Number 478607 and assigned to IndyMac Venture LLC as Document Number 505059 filed on Certificate of Title Number 82177 and Certificate 70252.
Premises to be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid condominium fees, taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. No representations express or implied are made with respect to any matter concerning the premises, which will be sold “as-is”.
TERMS OF SALE:
One Hundred Thousand and 00/100 Dollars ($100,000.00) shall be paid in certified or bank cashier's check by the purchaser at the time and place of said sale, and the balance of the purchase price shall be paid by certified or bank cashier's check at the offices of Erik T. Potter, Esq., Potter MacLellan LLP, 113 Ripley Road, Cohasset, MA 02025 within thirty (30) days from the date of sale. The successful bidder of the sale of the premises shall be required to sign a Memorandum of Terms of Sale containing the above terms at the Auction Sale. The Mortgagee reserves the right to bid at sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication.
Other terms, if any, to be announced at the time and place of sale.
Present Holder of Said Mortgage:
Raph DiGirolamo and Richard DiGirolamo, Trustees of R & R Trust - c/o Erik T. Potter, Esq. Potter MacLellan, LLP
113 Ripley Road, Cohasset, MA 02025 – 617-257-7050
Dated: December 12, 2023
Posted to MNPA website:
http://masspublicnotices.org.
December 15, 2023 MC December 22, 2023 MC December 29, 2023 MC
