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Barnstable Patriot
Barnstable, Massachusetts
February 24, 2006     Barnstable Patriot
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February 24, 2006
 
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TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE MARCH 22, 2006 Toall persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 7.00 P.M. Appeal 2006-024 Corey Donald J. Corey, Jr., has applied for a Special Permit pursuant to Section 240-25 (C)(1) Conditional Use in a Highway Business District and a Modification of Special Permit 1969-66 issued to Father McSwmey Associates Inc. The applicant seeks to demolish the existing Knights of Columbus Hall and redevelop the site with a 9,801 sq.ft. retail building and related site improvements. Use of the site is to be that of retail sales of liquor. The property is addressed 1030 Falmouth Road (Route 28), Centerville/Hyannis, MA, as shown on Assessor's Map 250 as parcel 065, in a Highway Business and Residence D-1 Zoning District. 7:15 P.M. Appeal 2006-025 Clancy Lynne M. Clancy has petitioned for Variances to Section 240-47.1 Family Apartments. The applicant is seeking to expand an existing detached garage and convert it to a family apartment unit of 1,153 sq.ft., when the Zoning Ordinance only permits family apartments to be within or attached to the principal dwelling and not to exceed 800 sq.ft. in area. The property is addressed 152 River Ridge Drive, Marstons Mills,MA,as shown on Assessor's Map 059 as parcel 007-005, in a Residence F Zoning District. These PublicHearings willbeheldattheBarnstableTownHall,367MainStreet, Hyannis, MA, Hearing Room, 2nd Floor, Wednesday, March 22, 2006. Plans and applications may be reviewed at the Zoning Board ofAppeals Office, Growth Management Depart- ment, Town Offices, 200 Main Street, Hyannis, MA. Gail C. Nightingale, Chairman Zoning Board of Appeals The Barnstable Patriot February 24 and March 3, 2006 TOWN OF BARNSTABLE ACCESSORY AFFORDABLE HOUSING PROGRAM NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE 6:00 RM. - MARCH 22, 2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: Appeal 2006-017 Mickunas Chapter 40B Comprehensive Permit Chester C. and Irena Mickunas have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The applicants are seeking to convert an existing two-bedroom apartment in the lower level of the principle residence into an accessory affordableapartment. The property is shown on Assessor's Map 188 as Parcel 122, addressed 94 Overlook Drive, Centerville, MA in a Residential D1 Zoning District. Appeal 2006-026 Davis Chapter 40B Comprehensive Permit William R. Davis has applied to theZoning BoardofAppeals for a Comprehensive Permit under Chapter 40B of the General Laws ofthe Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The applicant is seeking to con- vert a two-bedroom apartment above the existing detached garage into an accessory affordable apartment. The property is shown on Assessor 's Map 288 as Parcel 097, addressed 50 Marston Avenue, Hyannisport, MA in a Residential B Zoning District. Appeal 2006-027 Burgess Chapter 40B Comprehensive Permit Thomas K. Burgess and Anna Elizabeth Cornelia Maria Burgess-Burbee have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B ofthe General Laws ofthe Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The applicants are seeking to convert a one-bedroom apartment inthe existing detached cottage into an accessory affordable apartment. The property is shown on Assessor's Map 036 as Parcel 030, addressed 658 Main Street, Cotuit, MA in a Residential F Zoning District. Appeal 2006-028 Morse Chapter 40B Comprehensive Permit Scott B. Morse, as trustee of the Morse Family Trust, has applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code ofthe Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The applicant is seeking to convert an existing one-bedroom apartment in the lower level of the principle residence into an accessory affordable apartment. The property is shown onAssessor's Map 043 as Parcel 062-002, addressed 16 Claus Way, Marstons Mills, MA in a Residential F Zoning District. HEARING TO REVOKE COMPREHENSIVE PERMIT Atthe request ofthe MonitoringAgentfortheAccessoryAffordable Housing Programand in accordance with Section 9-14 of the Code ofthe Townof Barnstable, more commonly termed the "Accessory Affordable Housing Program", and the comprehensive permits issued, the Hearing Officer of the Zoning Board of Appeals will hold a public hearing to show cause why the following comprehensive permits shalt not be revoked: Comprehensive Permit 2004-148 issued January 13, 2005 to Ammad Sheikh for 67 Starlight Drive, Marstons Mills, MA (Map 100, Parcel 037) Comprehensive Permit 2005-003 issued February 10,2005 to Rita and Werner Heide- mann for 111 Longfellow Drive, Centerville, MA (Map 189 Parcel 110) These Public Hearings will be held at 6:00 P.M. in the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2nd Floor, on Wednesday, March 22, 2006. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street, Hyannis, MA. Gail Nightingale, Hearing Officer Zoning Board of Appeals The Barnstable Patriot February 24 and March 3, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Patrick M. Glidden and Jennifer M. Glidden to Mortgage Electronic Registration Systems, Inc., dated June 25, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18761, Page 282, of which mortgage Mortgage Electronic Registration Systems, Inc., is the present holder, for breach ofthe conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 10:00 a.m. on March 21, 2006, on the mortgaged premises located at 597 Pitchers Way, Hyannis,Barnstable County,Massachusetts,alland singularthe premises described in said mortgage, TO WIT: The land together with the buildings now thereon situated in Barnstable (Hyannis), Barnstable County, Massachusetts, bounded and described as follows: NORTHEASTERLY by Pitchers Way, a public way, 20.00 feet; SOUTHEASTERLY by Lot 14A, as shown on the hereinafter mentioned plan, 92.17 feet; SOUTHWESTERLY by Lots 14A and 15A, as shown on said plan, 303.35 feet; NORTHWESTERLY by land now or formerly of Ruth H. Schuman, 106.58 feet; NORTHEASTERLY by a portion of Lots 10A and 11A, as shown on said plan 99.18 feet; NORTHEASTERLY by Lot 11A, 39.37 feet; and NORTHWESTERLY by said Lot 11A, 86.86 feet. Containing 27,435 square feet, more or less. Being shown as LOT 12A on plan entitled "Plan of Land in Hyannis, Barnstable, Mass. as surveyed for Landmark Homes, Inc., Feb 1977, Sacle 1" = 40', Baxter & Nye, Inc. R.L.S., Osterville, Mass.", which plan is recorded at the Barnstable County Registry of Deeds in Plan Book 310, Page 34. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 18761, Page 280. These premises will 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 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. TERMS OF SALE: Adeposit of Five Thousand ($5,000.00), Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale The balance is to be paid by certified or bank check at Harmon Law Offices, PC , 150 California Street, Newton, Massachusetts 02458, or by mail to PO. Box 610389, Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price. 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 sale MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Kristin A Hedvig. Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patnot f ebruary 24, March 3 arjd March 10, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by James Curry and Pamela J. Curry to Mortgage Electronic Regis- tration Systems, Inc., dated July 8, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18838, Page 277, of which mortgage Mortgage Electronic Registration Systems, Inc. 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 11:00 a.m. on March 14, 2006, on the mortgaged premises located at 38 King James Drive, East Dennis (Dennis), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: the land in said Dennis, Barnstable County, Massachusetts, together with any buildings and improvements thereon, bounded and described as follows: SOUTHWESTERLY by the Northeasterly side of King James Drive,as shown on plan hereinafter men- tioned; one hundred and 00/100 (100 00) feet, NORTHWESTERLY by Lot 17, as shown on said plan, one hundred fifty and 00/100 (150) feet; NORTHEASTERLY by a portion of Lot 19 and a portion of Lot 23, as shown on said plan, one hundred and 00/100 (100 00) feet; and SOUTHEASTERLY by Lot 24, as shown on said plan, one hundred fifty and 00/100 (150.00) feet. Being shown as LOT 18 on plan of land entitled "Subdivision Plan of Land in Dennis, Mass. At Scargo Hill as Surveyed for Charles Chamberlain Et Ali Scale of 80 feet to an inch Charles B. Vail. R.L.S. March 1, 1971" which said plan is duly filed in Barnstable County Registry of Deeds in Plan book 247, Page 47 The above described premises are conveyed subject to reservations and easements of record and further subject to residential restrictions dated January 14. 1972, recorded in said Registry in Book 1588, Page 213. Together with the right of way over the ways shown on said plan. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 18683, Page 104. These premises will 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 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 TERMS OF SALE: A deposit of Five Thousand ($5,000 00), Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale The balance is to be paid by certified or bank check at Harmon Law Offices PC., 150 California Street, Newton, Massachusetts 02458. or by mail to PO Box 610389. Newton High- lands, Massachusetts 02461-0389. within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price 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 sale MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC Present holder of said mortgage By its Attorneys HARMON LAW OFFICES. PC Jessica Rodger. Esquire 150 California Street Newton MA 02458 (617) 558-0500 The Barnstable Patnot February 17. February 24 and March 3, 2006 ; f COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No.: 315304 To: Caroline Marshall-Smith and to all persons entitledto the benefit of the Servicemembers Civil Relief Act. US Bank, National Association, as Trustee, claimingtobetheholderof amortgage cov- ering real property in Hyannis numbered as 252 Hinckley Road given by Caroline Marshall-Smith to Mortgage Electronic Registration Systems,Inc. as nominee for FinanceAmerica, Inc. datedApril 4, 2005 and recorded at the Barnstable County Registry District of the Land Court as Document No. 998140 and as Noted on Certificate of Title No. 154494 and now held by Plaintiff by Assignment, has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession of and exercise of power of sale. Ifyou are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 20th day of March 2006 or you may be forever barredfrom claimingthat such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER , Chief Justice of said Court this 2nd day of February 2006. Deborah J. Patterson Recorder (2318.34/Marshall- Smith)(02/24/06)(66332) The Barnstable Patriot February 24, 2006 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. 317380 To Bonnie C. Cobb; Antonio L. Cobb and to all persons entitled to the ben- efit of the Servicemembers Civil Relief Act. Mortgage Electronic Registration Systems, Inc. claiming to be the holder of a Mortgage covering real property in Hyannis, 100 Grove Street given by Bonnie C. Cobb and Antonio L. Cobb to Mortgage Electronic Registration Sys- tems, Inc., dated August 10, 2004, and registered with the Barnstable County Registry District of the Land Court as Document No. 976812 and noted on Certificate of Title No. 155288 has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. Ifyou are entitledto the benefits ofthe Ser- vicemembers Civil ReliefAct as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 27thday of March 2006, or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER , Chief Justice of said Court this 13th day of February 2006. DEBORAH J. PATTERSON Recorder The Barnstable Patriot February 24, 2006 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. 316469 To Craig M. Lord, Nancy L. Maroney and to all persons entitled to the benefit of the Servicemembers Civil Relief Act JP Morgan Chase Bank N.A., As Trustee for CDC Mortgage Trust 2004-HE3 claiming to be the holder of Mortgage covering real property in Marstons Mills numbered 780 Wakeby Road givenby Craig M. Lord and Nancy L. Maroney to Homeowners Loan Corp. dated February 28, 2004, filed and registered in the Barnstable County Registry District ofthe Land Court as Document No. 961526, as noted on Certificate of Title No. 145089, and now held by Plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your at- torney shouldfileawrittenappearance and answer insaid court at Boston on or before the 27th day of March 2006, or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER, Chief Justice of said Court this 7th day of February 2006. DEBORAH J PATTERSON Recorder The Barnstable Patriot February 24 , 2006 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 317620 To Georgette Clements Fraine and to all persons entitled to the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended: Salem Five Cents Savings Bank claiming to be the holder of a mortgage covering real property in Barnstable (Centerville), 35 Short Beach Road given by Georgette Clements Fraine to Salem Five Mortgage Company, LLC dated September 3, 2004, and recorded with the Barnstable County Registry of Deeds in Book 19009, Page 287, and filed withthe Barnstable County Registry District ofthe LandCourtasDocumentNo. 979207, as assigned of record has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 3™ day of April 2006 or you may be forever barredfrom claimingthat such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER, Chief Justice of said Court this 14th day of February 2006. Deborah J. Patterson Recorder The Barnstable Patriot February 24, 2006 DEPARTMENTOF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways License Application Number W06-1536 Mattakeese Wharf Restaurant NOTIFICATION DATE: February 28, 2006 Public notice is hereby given of the waterways application by Mattakeese Wharf Restaurant to dredge, construct and maintain floats, piles and creation of reconfiguration zone at 273 Midway in the municipality of Barnstable, in and overflowed tidelands of Barnstable Inner Harbor. The proposed project has been determined to be water-dependent The Department will consider all written comments on this Waterways application received within 30 days subsequent to the "Notification Date" Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudica- tory hearing in accordance with 310 CMR 9.13(4)©. Additional information regarding this ap- plication may be obtained by contacting the Waterways Regulation Program at (508) 946-2730 Project plans and docu- ments for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below Written comments must be addressed to David E. Hill, Environmental Engineer. DEPWaterways Regulation Program 20 Riverside Drive, Lakeville, MA 02347 The Barnstable Patriot February 24, 2006 DEPARTMENTOF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways License Application Number W06-1538 Henry Blair NOTIFICATION DATE: February 28, 2006 Public notice is hereby given of the waterways application by Henry Blair to dredge maintain existing floats and piles and establish a reconfiguration zone at 275, 277 Millway in the municipality of Barnstable, in and over flowed tidelands of Barnstable Inner Harbor The proposed project has been determined to be water- dependent. The Department will consider all written comments on this Waterways application received within 30 days subsequent to the "Notification Date" Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudica- tory hearing in accordance with 310 CMR 9.13(4)©. Additional information regarding this ap- plication may be obtained by contacting the Waterways Regulation Program at (508) 946-2730 Project plans and docu- ments for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below Written comments must be addressed to David E Hill, Environmental Engineer. DEP Waterways Regulation Program. 20 Riverside Drive, Lakeville, MA 02347 The Barnstable Patriot February 24. 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and inexecution ofthe Power of Sale contained in a certain mortgage given by Charles R Wood to Mortgage Electronic Registration Systems, Inc acting solely as nominee for Accredited Home Lenders. Inc , dated February 5 2004 and recorded with Barnstable County Registry of Deeds in Book 18207 Page 238 of which mortgage Deutsche Bank National Trust Company. Trustee On Behalf Of The Certificate holders Of Morgan Stanley ABS Capital I Inc Trust 2004-HE5 is the present holder by assignment, for breach of conditions of said mortgage and for the purpose of foreclosing the same the mortgaged premises located at 33 Wequaquet Lane Centerville Massachusetts will be sold at a Public Auction at 12 00 PM on March 21 2006 at the mortgaged premises more particularly described below all and singular the premises described in said mortgage to wit: The land with all buildings and improvement thereon situate in said Barnstable (Centerville) County of Barnstable. Commonwealth of Massachusetts bounded and descnbed as fol- lows: Beginning at the northeast corner of the granted premises at an iron axle at land of William H Hundertmark. and a town way known as Wequaquet Lane Thence running Southwesterly by Wequaquet Lane one hundred forty-five (145) feet to land now or formerly of said William H Hundertmark Thence running North 58 degrees 26' 50" West by land of said Hundertmark one hundred sixteen and 72/100 (116 72) feet to an iron axle to other land of Brennan. Thence running North 10degrees, 29' 50" East by other landof Brennantwo hundred nineteen and 53/100 (219.53) feet to amron pipe to land of said Hundertmark. Thence running South 40 degrees 13' 40" East, one hundred thirty and 92/100 (130.92) feet to an iron pipe, and South 46 degrees 05' 30" East ninety-nine and 46/100 (99 46) feet, by land of said Hundertmark. to the iron axle at the point of beginning Containing 18,085 square feet of land, more or less, and being more particularly shown on plan entitled"Plan of Land inCenterville, Barnstable. Mass Belonging to Charles H Brennan et ux, Scale 1inch = 30 ft. Aug. 12. 1950, Bearse & Kellogg, Engineers, Centerville Mass " Recorded with Barnstable County Registry of Deeds in Plan Book 110. Page 147 For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 12630. Page 203 The premises will be sold subject to any and all unpaid taxes and other municipal assess- ments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all ease- ments, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms of Sale Cash, cashier 's or certified check in the sum of $5 000 00. as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement), high bidder to sign wntten Memorandum of Sale upon acceptance of bid, balance of purchase pnce payable in cash or current funds in thirty (30) days from the date ofthe sale at the offices of mortgagee s attorney. Korde & Associates, PC , 321 Billenca Road Suite 210 Chelmsford . MA 01824- 4100, c/o Sanjit S. Korde or such other time as may be designated by mortgagee Other terms to be announced at the sale Deutsche Bank National Trust Company,Trustee On Behalf Of The Certificateholders Of Morgan Stanley ABS Capital I Inc Trust 2004-HE5 present holder of said mortgage by its attorney Sanjit S Korde Korde & Associates. PC 321 Billenca Road Suite 210 Chelmsford MA 01824-4100 (978)256-1500 The Barnstable Patriot February 24, March 3 and March 10, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and in execution ofthe Power of Sale contained ina certain mortgage given by William R Meara and Brenda J Meara to Option One Mortgage Corporation, dated December 10, 2004 and recorded with the Barnstable County Registry of Deeds at Book 19345, Page 245, of which mortgage Option One Mortgage Corporation 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 p m on March 14, 2006. on the mortgaged premises located at 190 Flume Avenue. Marstons Mills. Barnstable County, Massachusetts, all and singular the premises described in said mortgage. TO WIT The landwith the buildings thereon in Barnstable (Marston Mills). Barnstable County, Massachusetts being Lot 10 as shown on a Plan of Land Named "Subdivision #762 Definitive Plan' Open Space Subdivision Herring Run at Indian Lakes in (Marston Mills) Barnstable, Mass . forlndian Lakes Development Trust s Frances R Pittendreigh Trustee Scale 1" = 60' Dated July 30. 1997. Baxter & Nye Inc Registered Land Surveyors Civil Engineers. Osterville. Mass " Which plan is recorded in Plan Book 537 Page 61 For mortgagors title see deed recorded with Barnstable County Registry of Deeds in Book 17585 Page 241. These premises will be sold and conveyed subject to and with the benefit of all rights, nghts of way. restrictions easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid 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 pnonty over said mortgage, whether or not reference to such restrictions easements improvements, liens or encumbrances is made in the deed TERMS OF SALE A deposit of Fifteen Thousand ($15 000 00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale The balance is to be paid by certified or bank check at Harmon Law Offices PC . 150 Cali- fornia Street, Newton Massachusetts 02458 or by mail to PO Box 610389. Newton Highlands. Massachusetts 02461-0389. within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase pnce 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 sale OPTION ONE MORTGAGE CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES. PC Anna D Avolio. Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot February 17. February 24 and March 3 2006 a , —