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COMMONWEALTH OF
MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL
COURT
Case No: 321554
TO: Sharon A. Cash; and to all persons
entitled to the benefit of the Servicemem-
bers Civil Relief Act: Deutsche Bank
NationalTrust Company claimingto bethe
holder of mortgage covering real property
in Barnstable (Hyannis Distnct), numbered
260 Castlewood Circle given by Sharon
A. Cash to Full Spectrum Lending, Inc
dated October 27, 2004. Recorded with
the Barnstable County Registry of Deeds
inBook 19213, Page 199 and now heldby
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 ofthe 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 5"" day of June
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 19"" day of
April 2006.
Attest: Deborah J Patterson
Recorder
The Barnstable Patriot
May 5, 2006
TOWN OF BARNSTABLE
LICENSING AUTHORITY
NOTICE OF SHOW CAUSE
HEARING
The Barnstable Licensing Author-
ity will hold a Show Cause Hearing for
M&M Tavern, Inc d/b/a Kendrick's Ca-
sual Dining & Lounge, 72 North Street,
Hyannis, Kimberly Mooney, Manager.
The Barnstable Police Department has
reportedthat on March 19,2006and many
other occasions during the pastyear M&M
Tavern, Inc. was in violation of the terms
of itsAnnualAIIAlcohol Common Victuater
License and itsAnnual Live Entertainment
license in that it did violate the Code of
the Town of Barnstable, Massachusetts
PartV, Sections 501-4C, 501-8A, 501-8C,
501-8E, and 501-5A.
Said hearing will be held on
Monday, May 15, 2006 at 9:30 a.m. or as
soon following as practical in the Town
Hall Building, 2nd Floor Hearing Room,
367 Main Street, Hyannis
Martin E. Hoxie,
Chairperson
Gene Burman
Paul Sullivan
Richard Boy
Barnstable Licensing Authority
The Barnstable Patriot
May 5, 2006
TOWN OF BARNSTABLE
ACCESSORY AFFORDABLE APARTMENT PROGRAM
NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE
6:00 P.M.- MAY 24, 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 2006-039 Marinho Chapter 40B
Comprehensive Permit
Ezio F. Marinho has applied to the Zoning Board of Appeals for a Comprehensive Per-
mit 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 Apartment Program." The applicant is
seeking to convert an existing unpermitted studio apartment in the lower level of the
principle residence into an accessory affordable apartment. The property is shown on
Assessor 's Map 291 as Parcel 316, addressed 117 Hamden Circle, Hyannis, MA in a
Residential B Zoning District.
Appeal 2006-046 Hughbanks Chapter 40B
Comprehensive Permit
Stephen L. and Noralyn G. Hughbanks have applied to the Zoning Board of Appeals
for a Comprehensive Permit under Chapter 40B of the General Laws of the Common-
wealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town
of Barnstable, more commonly termed the "Accessory Affordable Apartment Program."
The applicants are seeking to convert an existing unpermitted studio apartment in the
lower level of the principle residence into an accessory affordable apartment. The
property is shown on Assessor's Map 102 as Parcel 071, addressed 92 Gooseberry
Lane, Marstons Mills, MA in a Residential F Zoning District.
Appeal 2006-048 Tobey Chapter 40B
Comprehensive Permit
Joan B. Tobey 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 of the Town of Barnstable, more com-
monly termed the "Accessory Affordable Apartment Program." The applicant is seeking
to convert an existing unpermitted one-bedroom apartment in the lower level of the
principle residence into an accessory affordable apartment. The property is shown on
Assessor's Map 291 as Parcel 297, addressed 53 Connemara Circle, Hyannis, MA in
a Residential B Zoning District.
Revoked Comprehensive Permit Hearing
Atthe request ofthe MonitoringAgentfortheAccessoryAffordable Housing Program and
in accordance with Section 9-14 of the Code of the Townof Barnstable, more commonly
termed the "Accessory Affordable Apartment Program", and the comprehensive permit
issued, the Hearing Officer of the Zoning Board of Appeals will hold a public hearing to
show cause why the following comprehensive permits shall not be revoked:
Comprehensive Permit 2004-102 issued October4,2004to Deidra C. Larnis
for 1183 Shootflying Hill Road, Centerville, MA. (Map 190, Parcel 081)
Comprehensive Permit 2003-082 issued October 9, 2003 to Samuel C.
Traywick for 149 Sea Street, Hyannis, MA. (Map 307, Parcel 061)
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, May 24, 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
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 landlocatedinBarnstable (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 typographical error set forth herein inthe 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 12601
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 & Longona, L.L.C . 100
Cummmgs 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 Cummmgs 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 in escrow by DOONAN, GRAVES & LONGORIA L L C . (hereinafter called
the "Escrow Agent") until the deed shali 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 Apnl 18, 2006. US Bank. National Association as Trustee By John A Doonan
Esq . DOONAN. GRAVES & LONGORIA LL C . 100 Cummmgs Center Suite 213C,
Beverly. MA 01915, (978) 921-2670 wwwdgandl com
(2318 34/Marshall-Smith)(04/2 1/06 04/28/06. 05/05/06)(67785)
The Barnstable Patnot
April 21. April 28 and May 5 2006
J
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
23ra 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.
Parcel ID 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 All replacements andadditionsshallalso becovered by thisSecurity Instrument.
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 Patnot
April 21. April 28 and May 5 2006
i
TOWN OF BARNSTABLE
LICENSING AUTHORITY
NOTICE OF PUBLIC HEARING
CHANGE OF MANAGER, NEW
OFFICERS/DIRECTORS & NEW
STOCKHOLDERS
The Barnstable LicensingAuthoritywill
hold a public hearing on the application of
TownlinePackage Store,Inc d/b/aWillow
Package, 696 Yarmouth Road, Hyannis,
Annual All Alcohol Retail Package Goods
Store License, for a Change of Manager
to Edward A. Rosario, Change of Officers
to Edward A, Rosario, President, John
J. Rosario, Jr Treasurer and Hilda M.
Rosario, Secretary/Clerk, and Change of
Stockholders to authorizestock to Edward
A. Rosario(50 shares) andJohnJ. Rosario,
Jr. (50 shares).
Said hearing will be held on
Monday, May 15, 2006 at 9:30 a.m. or as
soon following as practical in the 2M Floor
Hearing Room, BarnstableTownHall,367
Main Street, Hyannis, MA
Martin E. Hoxie,
Chairperson
Gene Burman
Paul Sullivan
Richard Boy
Barnstable Licensing Authority
The Barnstable Patriot
May 5, 2006
COMMONWEALTH OF
MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL
COURT
Case No: 321388
TO: Denise F. Pita; Paul F. Pita and
to all persons entitled to the benefit of the
Servicemembers Civil Relief Act. Option
One Mortgage Corporation claiming to
be the holder of a Mortgage covering
real property in Marstons Mills, numbered
76 Nelson Lane given by Denise F. Pita
and Paul F. Pita to Option One Mortgage
Corporation, dated October 17,2005,and
registered with the Barnstable County
Registry of the Land Court as Document
No. 1016603 and noted on Certificate of
Title No. 174888 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
benefitsoftheServicemembers CivilRelief
Act 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 29*
day of May 2006 or you may be forever
barredfrom claimingthat suchforeclosure
is invalid under said act.
Witness,KARYN F. SCHEIER, Chief
Justice of said Court this 14m day of
April 2006.
Attest: Deborah J. Patterson
Recorder
The Barnstable Patriot
May 5, 2006
THE TRIAL COURT
PROBATE AND FAMILY COURT
DEPARTMENT
BARNSTABLE DIVISION
DOCKET NO. 06P0543EP1
Estate of
ARTHUR D. ARCHIBALD, JR.
Late of BARNSTABLE
In The County of BARNSTABLE
Date of Death March 6, 2006
NOTICE OF PETITION FOR
PROBATE OF WILL
To all persons interested in the above
captioned estate, a petition has been
presented praying that a document
purporting to be the last will of said de-
cedent be proved and allowed, and that
JAMES D ARCHIBALD of WHITINS-
VILLE in the County of WORCESTER
be appointed executor, named in the will
to serve without surety
IF YOU DESIRE TO OBJECT
THERETO. YOU OR YOUR ATTORNEY
MUST FILE A WRITTEN APPEARANCE
IN SAID COURT AT BARNSTABLE ON
OR BEFORE TEN O'CLOCK IN THE
FORENOON (10:00 AM) ON MAY 16,
2006.
In addition, you must file a written
affidavit of objections to the petition,
stating specific facts and grounds upon
which the objection is based, within
thirty (30) days after the return day (or
such other time as the court, on motion
with notice to the petitioner, may allow)
in accordance with Probate Rule 16.
WITNESS, HON. ROBERT E. TERRY,
ESQUIRE, First Justice of said Court at
BARNSTABLE this day, April 24. 2006.
FREDERIC P. CLAUSSEN
Register of Probate
The Barnstable Patriot
MAY 5, 2006
TOWN OF BARNSTABLE
LICENSING AUTHORITY
NOTICE OF PUBLIC HEARING
NEW ANNUAL COMMON
VICTUALER LICENSE
The Barnstable Licensing
Authority will hold a public hearing on
the application of McGee's Ice Cream,
Inc d/b/a McGee's Ice Cream, 569 Main
Street, Hyannis, MA, Ryan McGee/Doug-
las McGee, Managers, for a New Annual
Common Victualer License,the hours of
operation to be 11 am to 11 pm, Monday
to Sunday.
Said hearing will be held on
Monday, May 15, 2006 at 9:30 a.m. or as
soon following as practical in the Town
Hall Building, 2nd Floor Hearing Room,
367 Main Street, Hyannis.
Martin E. Hoxie, Chairperson
Gene Burman
Paul Sullivan
Richard Boy
Barnstable Licensing Authority
The Barnstable Patriot
May 5, 2006
COMMONWEALTH OF
MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL
COURT
Case No: 321417
TO: Derek W. Costa Malinda Costa
and to all persons entitled to the benefit
of the Servicemembers Civil Relief Act.
Deutsche Bank National Trust Company,
as Trustee of Ameriquest Mortgage Se-
curities, Inc.Asset Backed Pass Through
Certificates, Series 2005-R6 under the
PoolingandServicingAgreement datedas
of July 1,2005,Without Recourse claiming
to bethe holder of Mortgage covering real
property in Hyannis numbered28 General
Patton Drivegiven by DerekW. Costa and
Malinda Costa to Ameriquest Mortgage
Company, dated May 4, 2005, recorded
at Barnstable County Registry of Deeds
in Book 19837, Page 270, and now held
by the 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 powerof sale If you 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 29*
day of May 2006 or you may be forever
barred from claimingthat suchforeclosure
is invalid under said act.
Witness,KARYN F. SCHEIER, Chief
Justice of said Court this 14lh
day of
April 2006.
Deborah J. Patterson
Recorder
The Barnstable Patriot
May 5, 2006
TOWN OF BARNSTABLE
LICENSING AUTHORITY
NOTICE OF HEARING
TRANSFER OF ANNUAL WINE &
MALT COMMON
VICTUALLER LICENSE
The Barnstable Licensing Authority
will hold a public hearing in accordance
with Chapter 138 of the General Laws,
as amended, onthe application of Ronald
Lopes, LLC, d/b/a Mike's Pizza, 1220
lyannough Road, Hyannis,Ronald Lopes,
Manager for Transfer of its Annual Wine
& Malt Common Victualler License to
Pizzaby Nickolas,Inc d/b/a Mike's Pizza,
Evangela Mesialides, Manager.
Said hearing will be held on
Monday, May 15, 2006, at 9:30 a.m. or
as soon following as practical in the Town
Hall Building, 2nd Floor Hearing Room,
367 Main Street, Hyannis.
Martin E. Hoxie, Chairperson
Gene Burman
Paul Sullivan
Richard Boy
Barnstable Licensing Authority
The Barnstable Patriot
May 5, 2006
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
Byvirtueand inexecution ofthe Power of Salecontained inacertain mortgage
given byAnthony J. McDonaldto 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 parcelof land situated in Hyannis,withthe 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: 1inch = 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, Page 125.
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 TenThousand ($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 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 Patriot
April 21, April 28 and May 5 2006
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