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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
April 21, 2006     Barnstable Patriot
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April 21, 2006
 
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CONTINUED FROM PAGE C:7 Cape Cod Museum of Natural History, Route 6A, for a 9:30 a.m. departure. Sandwich expedition Explore the oldest town on Cape Cod, Sandwich, year- round on a 6.2-mile walk as part of the Walk 'n Mass Volkssport Club. Call 508-291- 1162 for details. Spring hikes Explore Crosby Landing Beach in Brewster April 26. Depart the Cape Cod Museum of Natural History, Route 6A in Dennis, at 9:30 a.m. Take the Hyannis-JFK family compound walk Walk Hyannis and enjoy ocean views on a 10K jaunt beginning at the Heritage House Hotel, 259 Main Street in Hyannis. Walk sponsored by the Walk 'n Mass Volkss- port Club. Start times are daily sunrise to sunset. Information: 508-775-7000. Cape & Islands Veterans Outreach Center Veterans and their families can find a wide range of sup- port and services at the Cape & Islands Veterans Outreach Center in Hyannis, includ- ing counseling, a food pantry, employment and housing as- sistance, legal aid and more. These are available to veterans of all eras. Call 800-355-1591. Contra dance in Cotuit Beginners and singles are invited to dance to live music from 8 to 11 p.m. the second Saturday of the month at Freedom Hall, 976 Main Street in Cotuit. Admission is $6. TOWN OF BARNSTABLE PLANNING BOARD NOTICE OF PUBLIC HEARING MONDAY, MAY 8, 2006 AT 7:15 P.M. NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA Toall persons deemed interested inthe PlanningBoard acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24 1 Hyannis Village Zoning Districts, you are hereby notified of a Public Hearing to be held on Monday, May 8, 2006 at 7:15 PM in (he Hearing Room of the Barnstable TownHall, 367 Main Street,Hyannis,MAto consider Special Permit application 2006-02 underSections 240-24 1 10(A)(3) SiteDevelopment Standards:240-24.1.12 Definitions, and 240-24.1 2(E) Special Permit Criteria to allow the construction of a drive-through window accessory to a banking facility which is proposed to be located in a portion of an existing building located at property addressed 220-232 Main Street, Hyannis, MA and shown on Assessor 's Map 327 as Parcels 160, 161 & 162 in the Hyannis Village Business District Copies of the applications and plans are available for review in the Office of the Planning Board, 200 Main Street, Hyannis. MA between the hours of 8:30 AM to 4:30 PM, Monday through Friday. David Munsell . Chairman Planning Board The Barnstable Patriot April 21 and April 28, 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE MAY 10, 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 Mas- sachusetts, and all amendments thereto you are hereby notified that: 7:00 P.M Appeal 2006-40 Ryan Thomas F. Ryan and Katherine Ryan have appliedfor aModification of Special Permit No. 2004-11 issuedfor the demolition and reconstruction of a single-family dwellingpursuant to Section 4-4.3 Nonconforming Buildings or Structures Used as Single and Two-Family Residences and MGL Chapter 40A Section 6. The applicants seek to modify Condition No 3 of the decision to permit a kitchen to be built within an existing guesthouse. The subject property is located as shown on Assessor's Map 072 as parcel 008, addressed as 260 North Bay Road, Osterville, MA in a Residence F-1 Zoning District. 7:15 P.M Appeal 2006-41 Garo Hyannis LLC Garo Hyannis LLC has appliedfor a Modificationof Conditional UseSpecial Permit 1995- 108 issued to Garo Development Corporation. The applicant seeks to modify Condition No 2 of the permit that restricted the use of the site to retail sale of pet supplies only. The applicant now wished to use the site for retail sales of mattresses. The subject property is the addressed 685 lyannough Road (Route 132), Hyannis, MA, as shown on Assessor's Map 311 as parcel 009 in the Highway Business Zoning District. 7:30 P.M Appeal 2006-42 Benoit Dr Conrad Benoit has appliedfor; a Modification of Special Permit No. 1987-21 issuedto Nicolas D. Franco, a Conditional Use Special Permit in accordance with Section 240-25 (C) (1) Conditional Uses in a Highway Business Zoning District, and a Special Permit pursuant to Section 240-93 (B) Expansion of a Pre-existing Nonconforming Structure. The applicant purposes to change the use of the existing building from legal offices to medical offices and purposes to expand the structure and use by adding a second floor to the building and use that floor for two residential apartment units. The property is addressed 687 West Main Street, Hyannis, MA, as shown on Assessor's Map 248 as parcel 080. It is in Highway Business and Residence B Zoning Districts. 7:30 P.M Appeal 200643 Benoit Dr Conrad Benoit has applied for a Variance to Section 240-21 (A) (9) (e), Side Yard Setback for Multifamily Units and Section 240-21 (A) (9) (f), 20-foot Perimeter Green Space for Multifamily Units. The applicant seeks to construct a second floor addition to an existing building. The second floor will consist of 2 apartment units and will not conform to the minimum side yard setbacks and perimeter green space required for multifamily units. The property is addressed 687 West Main Street, Hyannis, MA, as shown onAssessor's Map 248 as parcel 080. It is in Highway Business and Residence B Zoning Districts. 7:45 P.M Appeal 2006-44 Mayflower Cape Cod LLC Mayflower Cape Cod LLC (the Cape Cod Mall) has applied for a Special Permit pursu- ant to Section 240-39(K) (12), Signs in the Shopping Center Redevelopment Overlay District. The applicant seeks to permit a second electronic reader board sign to be installed onthe Malls'entrance sign on Route 28 (Falmouth Road). The subject property is the Cape Cod Mall addressed 769 lyannough Road (Route 132), Hyannis, MA, as shown on Assessor 's Map 293 as parcel 024 in the Shopping Center Redevelopment Overlay District. 7:45 P.M Appeal 2006-45 Mayflower Cape Cod LLC In alternative to Appeal 2006-43, Mayflower Cape Cod LLC (the Cape Cod Mall) has applied for a Variance to Section 240-39(K), Signs in the Shopping Center Redevelop- ment Overlay District. The applicant seeks to install a second electronic reader board sign at the Malls' entrance on Route 28 (Falmouth Road). The subject property is the Cape Cod Mall addressed 769 lyannough Road (Route 132), Hyannis, MA, as shown on Assessor's Map 293 as parcel 024 in the Shopping Center Redevelopment Overlay District. Gail C. Nightingale, Chairman Zoning Board of Appeals The Barnstable Patriot April 14 and April 21, 2006 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Cythina Chaplic and John F Chaplic to Ameriquest Mortgage Company dated October 23. 2004 and Recorded with the Barnstable County Registry of Deeds at Book 19218, Page 1 of which Mortgage the undersigned is the present holder by assignment, for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 9:00 A.M. on the 18'* day of May, 2006 at 90 Cranberry Lane, Centerville. Massachusetts 02632. all and singular the premises descnbed in said Mortgage, to wit: ALL THAT PARCEL OF LAND IN BARNSTABLE COUNTY,COMMONWEALTH OF MASSACHUSETTS,AS MORE FULLY DESCRIBED IN DEED BOOK 18757, PAGE 309, ID#234-020, BEING KNOWN AND DESIGNATED AS LOT 2, FILED IN PLAT BOOK 172, PAGE 51. BY FEE SIMPLE DEED FROM CYNTHIA CHAPLIC AS SET FORTH IN BOOK 18757 PAGE309 DATED06/10/2004AND RECORDED 06/25/2004,BARNSTABLECOUNTY RECORDS, COMMONWEALTH OF MASSACHUSETTS. The premises are to be sold subject to and with the benefit of all easements, restric- tions, building and zoning laws, unpaid taxes, tax titles, water bills, municipal liens and assessments , nghts of tenants and parties in possession. TERMS OF SALE: A deposit of FIVE THOUSAND DOLLARSAND 00 CENTS ($5,000.00) shall be required to be paid to the mortgagee in cash, by certified or bank's cashier check at the time and place of sale. The balance of the purchase price is to be paid in cash, by certified check or by bank's cashier check in or within thirty (30) days from the date of the sale. TIME WILL BE OF THE ESSENCE. Other terms if any. to be announced at the sale Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates Series 2004-R11 under the Pooling and Servicing Agreement dated as of December 1, 2004, without recourse Present Holder of said Mortgage, By Its Attorneys, Barron & Stadefld, PC Thomas V Bennett 100 Cambridge Street, Suite 1310 Boston, MA 02114 617-723-9800 The Barnstable Patriot April 14, April 21 and April 28, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Power of Salecontained in a certain mortgage given byAnthony J. McDonald to Mortgage Electronic Registration Systems, Inc., dated March 24, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19651, Page 127, 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 12:00 p.m. on May 15, 2006, on the mortgaged premises located at 65 Blackberry Lane, Hyannis, Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: Acertain parcel of land situated in Hyannis,with the buildingsthereon located in Barnstable County. Massachusetts, and described as follows: EASTERLY by Blackberry Lane, as shown on hereinafter mentioned plan, one hundred eighty-four and 81/100 (184.81) feet, SOUTHEASTERLY by Blackberry Lane and a Turn Around as shown on said plan, there measuring eighteen and 78/100 (18.78) feet and twenty-six and 59/100 (26.59) feet, SOUTHWESTERLY by land of Ernest Childs as shown on said plan, one hundred seventy-three (173) feet: NORTHWESTERLY: by lot 7 as shown on said plan, one hundred thirty-five and 97/100 (135.97) feet; Containing 14.830 square feet, more or less, and being shown as Lot 8 on a plan of land entitled " Blueberry Hill' Subdivision Plan of Land in Centerville- Hyannis, Barnstable Mass. for Robert S. Elliot Drawn by: J.R.S. Scale. 1 inch = 60 feet, dated June 18, 1964. Charles N. Savery Inc , Registered Engineers Surveyors Cotuit Falmouth Cape Cod" which said plan is duly recorded in the Barnstable County Registry of Deeds. Plan Book 187, Page 51 ALSO, another certain parcel of land situated n Hyannis. Barnstable County. Massachusetts, bounded and described as follows: NORTHEASTERLY by a portion of Lot 7 and by Lot 8. hereinabove described, two hundred (200) feet; SOUTHEASTERLY by Lot 9 as shown on hereinabove mentioned plan, sixty-six (66) feet; SOUTHWESTERLY by land of Ernest Childs and Mary Harmon, two hundred (200) feet; and NORTHWESTERLY by land of Randolph Childs sixty-six (66) feet; Containing 13.200 square feet of land, more or less The above described premises are conveyed together with a right of way as appurtenant to said land over the 40 foot ways shown on said plan, for free ingress and egress to and from said lot and Old Strawberry Hill Road and New Strawberry Hill Road as shown on said plan, in common with others who are now or may be hereafter entitled thereto The above described premises are conveyed subject to the following restrictions, ap- purtenant to the remaining land of Robert S Elliot 1 No dwelling or other building shall be erected on above lot, except for use and occupancy of a single family there shall, however, be permitted the usual appurtenant garage and outbuildings 2 No building shall be erected on above lot except that the plans and specifications therfor shall first be approved in writing by said Robert S Elliot The above described premises are subject to an Easement to the Cape and Vineyard Electric Company et al dated September 4 1964. duly recorded with the Barnstable County Registry of Deeds Subject also to a water easement duly recorded with said Deeds Subject to a reservation in Robert S Elliot of a right of way over so much of said lot as by implication of law lies within the limits of any way and the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way Being the same premises conveyed tome by deed of Richard W Griffith et ux , dated September 30 1981 recorded with said Deeds in Book 3370 Page 17 For title see deed recorded herewith For mortgagor s title see deed recorded with Barnstable County Registry of Deeds in Book 19651 Page125 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 Ten Thousand (510.000 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 Kellie E Army. Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patnot April 21, April 28 and May 5 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Aracy G.S. Martins to Mortgage Electronic Registration Systems, Inc ("MERS"), acting solely as nominee for Lender (Full Spectrum Lending, Inc.) and Lender's successors and assigns dated July 12, 2004, and recorded in the Barnstable County Registry of Deeds in Book 18822,Page 296, 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 p.m. on Tuesday the 23™ day of May, 2006, on the mortgaged premises located at 83 Uncle Willies Way, Hyannis, Barnstable County, Massachusetts, all and singular the real estate described in said mortgage as follows: ". . . . the following described property located in the COUNTY of BARNSTABLE: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT A The land in Barnstable (Hyannis). Barnstable County, Massachusetts, together with any buildings thereon, described as follows: Being Lot 11 containing 11,158 square feet, more or less, as shown on a plan of land entitled: "Subdivision Plan of Land in Hyannis, Barnstable, Mass., for John A. Drew, Scale 1" - 40', December 19, 1975, Baxter & Nye, Inc , Registered Land Surveyors, Osterville, Mass.", which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 302. Page 69. There is appurtenant to said lot the right to use the ways shown on said plan as Masa's Place. Uncle Willies Way and Alicia Road for all purposes for which streets and ways are commonly used within the Town of Barnstable, John A. Drew expressly reserves to himself the fee in the aforementioned ways Said lot is subject to an easement to Southern Massachusetts Telephone Company dated April 14. 1914 and recorded in said Registry in Book 326, Page 259. Subject to an easement to Cape & Vineyard Electric Company, et al dated January 13, 1960 and recorded in Book 1067. Page 120 Subject to water easement to Barnstable Water Company dated May 28. 1976 and recorded in Book 2346, Page 115. Subject to an easement to New England Telephone & Telegraph Company et al dated June 30, 1976 and recorded in Book 2365. Page 208. Subject to and with the benefit of restrictions set forth in deed recorded in Book 2645. Page 228. For title reference , see deed recorded with said Registry of Deeds in Book 4793, 244. ParcellD Number 123456789 which currently has the address of 83 UNCLE WILLIES WAY, HYANNIS, Massachusetts 02601 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements , appurtenances, and fixtures now or hereafter a part of the property Allreplacements andadditions shallalso becoveredbythisSecurityInstrument. All of the forgoing is referred to in this Security Instrument as the "Property" Said premises will be sold subject to and/or with the benefit of any and all restrictions , easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assessments , liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be. Said premises will also be sold subject to all leases and tenancies having priority over said mortgage , to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupations are subject to said mortgage to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including, but not limited to . all building and zoning laws and ordinances. THE TERMS OF SALE. FIVE THOUSAND and 00/100 ($5,000.00), DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & Davis. 1000 Plain Street, Marshfield, Massachusetts The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale Other terms , if any, to be announced at the time and place of the sale SIGNED MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC (MERS"), ACTING SOLELY AS NOMINEE FOR LENDER (FULL SPECTRUM LENDING, INC.) AND LENDER'S SUCCESSORS AND ASSIGNS Present Holder of Said Mortgage By STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S Davis. Esquire STANTON & DAVIS 1000 Plain Street Marshfield. MA 02050 (781)834-9181 The Barnstable Patriot April 21. April 28 and May 5 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mort- gage given by Caroline Marshall-Smith to Mortgage Electronic Registration Systems, Inc as nominee for Finance America, Inc dated 4/4/2005, registered with Barnstable County Registry District of the Land Court as noted on Certificate of Title No 154494. Document No. 998140 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 12:00 P.M. on May 16, 2006 on the mortgaged premises. The entire mortgaged premises , all and singular, the premises as described in said mortgage: The land located inBarnstable (Hyannis) Barnstable County, Massachusetts, bounded and described as follows: Northwesterly by Hinckley Road, fifty-nine (59) feet, Northeasterly by Lot 132-1, two hundred twenty-eight and 88/100 (228.88) feet; South- easterly by land now or formerly of Rodney Baxter, sixty-eight and 23/100 (68.23) feet; and Southwesterly by Lot 132-K, one hundred ninety-four and 61/100 (194.61) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 11519-G (Sheet 1) dated July 23, 1949 drawn by Joseph Selwyn. Civil Engineer, and filed in the Land Registration Book 71. Page 19 with Certificate of Title No. 10599 and said land is sown thereon as Lot 132J Said land is subject to and has the benefit of the easements, restrictions and right set fort in Certificate of Title No 10599, so far as the same are in force and applicable. Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated May 24, 1946, being Document No 18,186 Said land is subject to the rights granted in an easement given to the Barnstable Water Company dated June 13, 1949, being Document No 24,336 Said land is subject to a taking of Hinckley Road by the Town of Barnstable dated April 6, 1950, being Document No. 26.875. Said land is granted subject to all mortgages of record. For title reference , see Certificate of Title No. 154494 Subject to and with the benefit of easements , reservation , restrictions , and taking of record, if any, insofar as the same are now in force and applicable In the event of any typographicalerror set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. This property has the address of 252 Hinckley Road, Hyannis, MA 02601 Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this sale. Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assess- ments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000 00) in cashier's or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier's or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC, 100 Cummings Center, Suite 213C. Beverly, Massachusetts , time being of the essence The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date The premises is to be sold subject to and with the benefit of all easements , restrictions , leases, tenancies, and rights of possession, building and zoning laws, encumbrances , condominium liens, if any and all other claim in the nature of liens, if any there be In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure , the Mortgagee reserves the right to sell the property by foreclosure deed to the second high- est bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, DOONAN, GRAVES, & LONGORIA L L C , 100 Cummings Center. Suite 213C. Beverly. Massachusetts , 01915. the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the previous highest bidder and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder The foreclosure deed and the consideration paid by the successful bidder shall be held inescrow by DOONAN.GRAVES. & LONGORIAL.L.C .(hereinafter called the "Escrow Agent") until the deed shall be released from escrow to the successful bid- der at the same time as the consideration is released to the Mortgagee, thirty (30) days after the date of sale, whereupon all obligations of the Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged Other terms to be announced at the sale Dated April 18. 2006. US Bank. National Association, as Trustee . By John A Doonan Esq DOONAN. GRAVES. & LONGORIA L L C , 100 Cummings Center, Suite 213C, Beverly, MA 01915. (978)921-2670. wwwdgandl com (2318 34/Marshall-Smith)(04/21/06. 04/28/06. 05/05/06)(67785) The Barnstable Patriot April 21, April 28 and May 5. 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 Patricia H. Cummings to Accredited Home Lenders, Inc., dated May 15, 2001 and recorded with the Barnstable County Registry of Deeds at Book 13850, Page 290, of which mortgage Select Portfolio Servicing, 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 12:00 PM on May 15, 2006, on the mortgaged premises located at 501 Oakland Road, Hyannis, MA 02601, all and singular the premises described in said mortgage, TO WIT: The landwith the buildings thereon situated in Barnstable (Hyannis), Barnstable County, Commonwealth of Massachusetts, bounded and described as Easterly by the Westerly sideline of Oakland Road,as shown on a plan hereinafter mentioned. One Hundred and Thirty Five and 00/100 (135.00) feet; Southerly by Lot 11 as shown on said plan, One Hundred and thirty and 33/100 (130.33) feet; Westerly by land formerly of VE. Jones as shown on said plan, One Hundred and Thirty-Five and 00/100 (135.00) feet; and Northerly by Lot 13, as shown on said plan, One Hundred and Thirty One and 19/100 (131.19) feet. Being shown as Lot 12 on plan of land entitled, "Subdivision of Land in Hyannis, Massachusetts, for Saul M. Taffae, et ux, Scale 1" = 60', July 1966, David H. Greene,Surveyor,Hyannis,Massachusetts",said planbeingdulyfiledwiththe Barnstable County Registry of Deeds in Plan Book 206 Page 57. There is a granted as appurtenant to the above described premises a right of way over Oakland Road to be used for all purposes for which ways are commonly used in the Town of Barnstable and to be used in common with all others who are now or may hereafter become legally entitled hereto. The above described premises are conveyed subject to restrictions as set forth in a deed from Saul M. Taffae and Helen E. Taffae to Joseph F. Coughlin, which said deed is fully recorded with the Barnstable County Registry of Deeds in Book 1449 Page 252 For our Title, see deed to us dated March 25, 1971, recorded in the Barnstable County Registry of Deeds in Book 1504 Page 766. For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 10450, Page 342 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, right of ways, 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,whetherornot referencetosuch restrictions, easements, improvements, liens, or encumbrances is made inthe deed TERMS OF SALE:Adeposit of TEN THOUSAND ($10,000.00) 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 ABLITT & CHARLTON,PC, 92 Montvale Avenue,Suite 2950. Stoneham, MA 02180, other terms and conditions will be provided at the place of sale. 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 Present holder of said mortgage, By its Attorneys, Brian T LaManna, Esq., ABLITT 8i CHARLTON, P.C., 92 Montvale Avenue, Suite 2950, Stoneham, MA 02180, (781) 246- 8995, Dated: 04/12/2006 (61.0626/Cummings)(04/21/06, 04/28/06. 05/05/06)(67713) The Barnstable Patriot April 21, 2006