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Barnstable Patriot
Barnstable, Massachusetts
July 21, 2006     Barnstable Patriot
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MORTGAGEE'S SALE OF REAL ESTATE 627 AND 633 MAIN STREET, WEST YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS Byvirtue andinexecutionofthe Power of Salecontainedinacertain Mortgage,Security Agreement andAssignment given by Thomas J. Paulini,Trustee of I P Nominee Trust to Frank L. viola, Individual Retirement Account, USB Paine Webber, not in its corpo- rate capacity, but solely as custodian, dated January 22, 2001and recorded with the Barnstable County Registry of Deeds in Book 1 4741, Page 49, of which Mortgage the undersigned is the present holder, for breach of the conditions of said Mortgage, and for the purpose offoreclosing the same,will be sold at PublicAuction,on the mortgaged premises, at 633 Main Street,West Yarmouth, Barnstable County, Massachusetts, at 11:00 a.m. on the tenth day of August, 2006, on a portion of the premises described in said Mortgage, to wit: The landtogether withallimprovements thereon inWest Yarmouth,Barnstable County, Massachusetts, described as follows: PARCEL ONE: A certain parcel of land with the buildings thereon, now known as and numbered 633 Main Street, West Yarmouth. NORTHEASTERLY by the State Highway as shown on a plan mentioned, ninety.(90) feet; SOUTHEASTERLY by Lot 18,17and16,asshownonsaidplan,two hundred ten and 00/100 (210.00) feet; SOUTHWESTERLY by Lot 22, as shown on said plan, one hundred (100) feet; NORTHWESTERLY by Hudson Road, as shown on said plan, two hundred (200) feet; and NORTHERLY by the intersection of Hudson Road with the State Highway as shown on said plan by a course having a radius of ten (10) feet, a distance of fifteen and 7/100 (15.7) feet. Being shown as Lots 19. 20 and 21 on a plan entitled, "Appleby Village, West Yarmouth, Massachusetts, property of Hudson R. and Eola R. Appleby, Scale 1" = 100', August, 1945, E.H. Hinckley, Surveyor, West Yarmouth", which said plan is duly filed in Barnstable County Registry of Deeds in Plan Book 71, Page 117. Together with a right of way common with all others lawfully entitled thereto over Hudson Road as shown on said plan to and from the granted premises to the State Highway. PARCEL TWO: NORTHEASTERLY by State Highway (Route 28), ninety (90) feet; NORTHEASTERLY by a curved line forming the intersection of said State Highway and Hudson Road, fifteen and 7/100 (15.7) feet; SOUTHEASTERLY by said Hudson Road, one hundred thirty (130) feet; SOUTHWESTERLY by Lot 40, one hundred (100) feet; and NORTHWESTERLY by Lots 52 and 53, one hundred forty (140) feet. Being shown as Lots 50 and 51 on a plan of land entitled "Appleby Village, West Yarmouth,Massachusetts, property of Hudson R. and Eola R.Appleby, Scale 1" = 100', August, 1945.E.H. Hinckley, Surveyor, West Yarmouth", recorded with the Barnstable County Registry ofDeeds in Plan Book 71, Page 117. The above described premises are subject to and together with a right of way over HudsonRoad. For title reference see deed dated January 22, 2002 and recorded with the Barnstable CountyRegistryof Deeds herewith. EXCEPTINGAND EXCLUDINGSO MUCHTHEREOFAS PREVIOUSLYCONVEYED BY DEED DATEDJULY 11,2003 AND RECORDED WITH BARNSTABLE COUNTY REGISTRY OF DEEDS IN BOOK 17294, PAGE 92. CONSEQUENTLY,THE ONLY PROPERTYTOBESOLDATTHE FORECLOSURE SALEISPARCELONE HEREOF, LOCATED AT 633 MAIN STREET,WEST YARMOUTH, MASSACHUSETTS. Also,by right of the security interest grantedto the Mortgagee/SecuredParty under said mortgage,the above referenced Mortgagee's Sale of Real Estate shall include all right, title and interest of the Secured Party and the Secured Party will sell the Mortgagor's/ Debtor's Collateral granted to it thereby (the "Collateral") which is associated with the Mortgaged Premises at the sale noticed herein pursuant to G.L. c. 106,Section 9-504, simultaneously with the Mortgaged Premises. Reference is hereby made to the afore- mentioned mortgage for a more particular description of the premises and collateral to be sold. The Secured Party shall also sell inconnectionwith saidmortgaged premises, all of the right,title and interest of Tangradi, Inc., d/b/a Black Rock Grille,granted to the Mortgagee/Secured Party in all of its furniture, fixtures and equipment as reflected in Filing No. 2002208660550 with the Massachusetts Secretary of State. TERMS OF SALE. TWENTY-FIVETHOUSAND DOLLARS ($25,000.00)certified check orBankTreasurer's check shallbepaidbythe purchaser at thetime and place of sale. The above described premises are conveyed subject to and with the benefit of all restrictions, easements, improvements,outstandingtaxtitles,municipalorotherpublictaxes,assessments,liens or claims inthe nature of liens,and existing encumbrances of record created prior to the Mortgage,whether or notreferenceto such restrictions,easements,improvements,liens or encumbrances is made inthe Deed. The balance of the purchase price is to be paid bycertified checkorbankcashier'scheck withinthirty (30)daysthereafterto bedelivered to the firm of Aloisi and Aloisi, 156 State Street, Boston, Massachusetts 02109. Other terms to be announced at sale. PENSCOTRUST COMPANY CUSTODIAN FBO FRANK L. VIOLA, present Holder of said Mortgage. From the Office of: Bruce Miller, Esquire, ALOISI & ALOISI, 156 State Street, Boston, Massachusetts 02109 (617) 227-6272, its Attorney. The Barnstable Patriot July 14, July 21 and July 28, 2006 MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthePower of Salecontainedinacertain mortgage given by Paul M. McGowan to Aarnes Funding Corporation DBA Aames Home Loan dated October 16, 2002 and recorded with the Barnstable County Registry of Deeds, in Book 17168, Page 269, 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 10:00 AM,on July 28, 2006, on the premises known as Unit D,Building 4 of the Park Place Condominium,398West Main Street, Hyannis, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit: Allthat certain parcel of landsituate in Barnstable County,Stateof Massachusetts,being known asUnit D,Building4,Park PlaceCondominium ,398West Main Street,Hyannis, Massachusetts,the following created by Master Deeddated2/12/82in Book 3436 Page 165, and subsequently amended to add Phases 2,3,4 and 5 of the Condominium by Instrument dated 12/18/82 and recorded with the Barnstable County Registry of deeds in Book 3624, page 78,together with an undivided 5% interest appertaining to said Unit in the common areas and facilities of said condominium as specified in Exhibit B of the Master Deed and together with the rights and easements appurtenant to said Unit as set forth in said Master Deed. Attached to deed in Book 3705, page 51 is a copy of the portion of the plans attached to said Master Deed bearing verified statement of a registered architect that they show the unit designations of the Unit hereby conveyed and of immediately adjoining Units, and that they fully and accurately depict the layout of the unit hereby conveyed, its location, dimensions, approximate area, main entrance and immediate common area to which it has access as built. Termsof Sale: These premises are being sold subject to any and all unpaid real estate taxes, water rates, municipal charges and assessments, condominium charges,expenses,costs,andassessments ,if applicable,federaltax liens,partitionwall rights, statutes, regulations, zoning, subdivision control, or other municipal ordinances or bylaws respecting land use, configuration, building or approval, or bylaws, statutes or ordinances regarding the presence of lead paint, asbestos or other toxic substances, sanitary codes, housing codes, tenancy, and, to the extent that they are recorded prior to the above mortgage, any easements, rights of way restrictions, confirmation or other matters of record. Purchaser shall also bear all state and county deeds excise tax. The deposit of $5,000.00 is to be paid in cash or bank or certified check at the time and place of the sale, with the balance of the purchase price to be paid by bank or certified check within thirty (30) days after the date of the sale, to be deposited in escrow with Guaetta & Benson, LLP, at 9 Acton Road, Suite #10. Chelmsford, Massachusetts. 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 the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second or next highest bidder, providing that said bidder shall deposit with said attorney, the amount of the required deposit as set forth herein within five (5) business days after written notice of the default of the previous highest bidder. Other terms, if any, are to be announced at the sale. Present holder of said mortgage Deutsche Bank National Trust Company as Trustee for the benefit of the holders of Aames Mortgage Trust 2002-2 Mortgage Pass-Through Certificate Seriers 2002-2 by its Attorneys Guaetta & Benson. LLP Peter V. Guaetta, Esquire 9 Acton Road Suite #10 Chelmsford, MA 01824 June 27, 2006 The Barnstable Patriot July 7, July 14 and July 21, 2006 Find your "Pearl." Find it fast. Find it BIG. The Cape's largest classifieds now @ barnstablepatriot.com Yv 'i^aV ^ W ait ^antistable patriot 508-771-1427 www.barnstablepatriot.com MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Nicole L.Andrewsand Derrick L.Bynum to Option One Mortgage Corporation,dated October 27, 2004 and recorded with Barnstable County Registry of Deeds in Book 19194, Page 304 of which mortgage Deutsche Bank National Trust Company,as Trustee for Citigroup Mortgage LoanTrust,Series 2005-OPT1,Asset Backed Pass-Through Certificates is the present holder by assignment, for breach of conditions of said mortgage and for the purpose offoreclosing the same,the mortgaged premises located at 199 Long Pond Road, Marstons Mills,Massachusetts will be sold at a Public Auction at 2:00 P.M. on August 1, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage , to wit: Borrower(s): Nicole L. Andrews and Derrick L. Bynum Property 199 Long Pond Road, Marstons Mills, Address: Massachusetts 02648 A certain parcelof land,with thebuildings thereon,situatedinBarnstable (Marstons Mills), Barnstable County, Massachusetts, described as follows: Being shown as Lot 121 on a plan of land entitled "Subdivision Plan of Land in Marstons Mills, Barnstable, Mass. designed for Long Pond, Inc., Petitioners, by Crowell & Taylor Corp., 89 Willow Street, Yarmouth Port, Mass., Scale 1" = 100' March 15, 1974",which said plan is duly recorded in Barnstable County Registry of Deeds in Plan Book 284, page 91. Subject to and with the benefit of all rights, rights of way, easements, appurte- nances, reservations and restrictions of record, insofar as the same are now in force and applicable. For mortgagor's title see deed recordedwith the Barnstable County Registry of Deeds in Book 19194, Page 304. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Termsof the Sale: Cash,cashier's or certified check inthe 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 written Memorandum of Sale upon acceptance of bid; balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates. PC, 321 Billerica Road, Suite 210, Chelmsford, MA01824-4100. 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, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT1 Asset Backed Pass-Through Certificates, present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates. PC. 321 Billerica Road. Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot July 7, July 14 and July 21, 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS ' NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE AUGUST 9, 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: 7:15 P.M. Appeal 2006 - 071 West Barnstable Communities- Site B Housing Assistance Corporation has submitted a Comprehensive Permit Application pursuantto MGL Chapter 40B "affordable housing". The applicant is seeking a com- prehensive permit to develop 12 one-bedroom housing units to be age 55 and older restricted.All of the units are to be dedicated as affordable housing. The locus is a 7.3 acre site addressed 2331 Meeting House Road (Route 149), West Barnstable, MA, shown on Assessor's Map 155 as parcel 002. It is in a Residence F Zoning District. 7:15 P.M. Appeal 2006 - 072 West Barnstable Communities- Site A Housing Assistance Corporation has submitted a Comprehensive Permit Application pursuant to MGL Chapter 40B "affordable housing". The applicant is seeking a com- prehensive permit to develop 28 two- and three-bedroom townhouses units. All of the units are to be dedicated as affordable housing units and rented to income quali- fied household only. The locus is a 7.2 acre site composed of two parcels as shown on Asserssors Map 215, parcels 020 and 028. They are addressed 2339 lyannough Road (Route 132), West Barnstable, MA, and are in a Residence F Zoning District. These Public Hearingswillbeheldatthe BarnstableTownHall,367 MainStreet,Hyannis, MA, Hearing Room,2"" Floor,Wednesday,August 9,2006. Plans and applications may be reviewed at the Zoning Board ofAppeals Office, Growth Management Department, TownOffices, 200 Main Street, Hyannis, MA. Gail C. Nightingale, Chairman Zoning Board of Appeals The Barnstable Patriot July 14 and July 21, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage givenbyMaryJ.Lonerganto Citizens MortgageCorporationdatedOctober 31, 2003 and recorded with Barnstable County Registry District of the Land Court Document No. 947653 and Noted on Certificate of TitleNo. 171128 of which mortgage Wells Fargo Bank,N.A. asTrustee for MASTRAsset Backed Securities Trust 2004- OPT1 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 11 Ladyslipper Lane, Forestdale, Massachusetts will be sold at a Public Auction at 2:00 P.M. on August 9,2006,at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage , to wit: The land situated in Sandwich, in the county of Barnstable, and Commonwealth of Massachusetts, described as follows: Lot 85 Plan 34966-C There is excepted and excluded from said land the FEE in the ways adjacent thereto. All of said land is subject to and has the benefit of rights to use the roads and ways on said plan in common with all others lawfully entitled thereto. For mortgagor's title see deed recordedwith the Barnstable County Registry District of the Land Court Document No. 947652 and Noted on Corticate of Title No. 171128. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Termsofthe Sale: Cash,cashier's or certified check inthe 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 written Memorandum of Sale upon acceptance of bid; balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, PC, 321 Billerica Road, Suite 210, Chelmsford, MA01824-4100, c/o Sanjit S. Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. Wells Fargo Bank, N. A. as Trustee for MASTR Asset Backed Securities Trust 2004-OPT1, present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates, PC. 321 Billerica Road, Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot July 14, July 21 and July 28, 2006 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0946EP1 Estate of ARTHUR A. BRENNAN Late of BARNSTABLE (COTUIT) In the County of BARNSTABLE Date of Death June 12, 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 docu- ment purporting to be the last will of said decedent be proved and allowed,and that MARY A. KOZOWYK of BRAINTREE in the County of NORFOLK be appointed executor,named inthewillto 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 AUGUST 1UQQ6 Inaddition,you mustfile awrit- ten affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based, within thirty (30)daysafter the retumday (orsuch 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, July 14. 2006. FREDERIC P. CLAUSSEN Register of Probate The Barnstable Patriot July 21, 2006 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT THE PROBATE AND FAMILY COURT ESSEX DIVISION DOCKET NO. 06A0119TM1 In the Matter Of TYLER DAVID LINCOLN, minor of NORTH ANDOVER In the County of ESSEX CITATION M.G.L. c. 210 §3 To MARK GRIFFITH, last known of HYANNIS, in the County of BARNSTABLE and any unknown or unnamed father, parent(s) of the above named child. *A putativefather willnot havestanding as a partyto this case without a volun- taryacknowledgement of parentage or an adjudication of paternity. Apetition has been presentedtosaid court by BETHANY CHRISTIAN SERVICES OF NEW ENGLAND,INC., 820 Turnpike Street, Suite 101, North Andover, MA 01845-6125 representing that the father of the child lack(s) the current ability, ca- pacity, fitness and readiness to assume parental responsibility for the child; that the petitioner's planfor the childwill serve the child's best interests; and, praying that this Honorable Court enter a decree under the provisions of the General Laws of Massachusetts, Chapter 210, Section 3, that shall have the effect of terminating the rights of the person(s) named herein to receive notice of or to consent to any legal proceeding affecting the custody, guardianship,adoptionorotherdisposition of the child named herein. IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT SALEM ON OR BEFORE TEN O'CLOCK INTHE FORE- NOON (10:00 AM) ON OCTOBER 2. 2J2PJ1 YOUARE ENTITLEDTOTHE APPOINTMENT OF AN ATTORNEY IF YOU ARE AN INDIGENT PERSON. An indigent person is defined by SJC RULE 3:10. The definition includes but is not limited to persons receiving AFDC EAEDC, poverty related veteran's ben- efits, food stamps, refugee resettlement benefits,Medicaid,andSSI. TheCourt will determine ifyou are indigent. Contact an Assistant Register/Adoptions Clerk of the Court on or before the date listed above to obtain the necessary forms WITNESS,HON MARYANNE SAHAGIAN, ESQUIRE. First Justice of said Court at SALEM this day, July 14, 2006 Pamela Casey O Brien Register of Probate The Barnstable Patriot July 21. July 28 and August 4, 2006 Letters to the editor The Barnstable Patriot welcomes letters to the editor. Please keep them brief and either type or print them neatly. Include name, address and tele- phone number. Anony- mous letters will not be published, but names will be withheld uponrequest. We reserve the right to edit all submissions. THE BARNSTABLE PATRIOT P.O. BOX 1208 HYANNIS, MA 02601 OB E-MAILTO letten@barnttablepatriot.com MORTGAGEE'S SALE OF REAL ESTATE Byvirtue andinexecutionofthe PowerofSalecontainedinacertainmortgage given by Jermaine J. Debarros toArgent Mortgage Company, LLC dated February 24, 2004, and recorded in the Barnstable County Registry of Deeds in Book 18249, Page 328, which mortgage was assigned to Deutsche Bank National Trust Company As Trustee For The Certificate Holders of GSAMP Trust 2004 AR1 by assignment dated February 24, 2004, and recorded in the Barnstable County Registry of Deeds in Book 19787, Page 192, of which mortgage the undersigned is the assignee and 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 Thursday the 17th day ofAugust, 2006, on the mortgaged premises located at 418 Pitchers 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 MADEA PART HEREOF EXHIBIT A The landtogether withthe buildingsthereonsituated in Barnstable (Hyannis),Barnstable County, Massachusetts being shown as Lot 2 on a plan of land entitled "Plan of land located in Hyannis, Mass. Prepared for Kip Diggs", dated Sept. 10, 2002, Scale: 1" = 30', prepared by Cape & Islands Engineering, 800 Falmouth Road, Suite 301C, Mashpee, Mass. 02649 and recorded with the Barnstable County Registry of Deeds in Plan Book 577, page 5. Being the same premises conveyed to there herein named mortgagor (s) by deed recorded with Barnstable County Registry of Deeds in Book 15026, Page 239. ParcelIDNumber: Map 291 Parcel18which currently has the address of 418 Pitchers Way, Hyannis, Massachusetts 02601 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and alleasements, appurtenances, and fixtures now or hereafter a part of the property.AllreplacementsandadditionsshallalsobecoveredbythisSecurity 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 withAttorneys 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: Deutsche Bank National Trust Company As Trustee For The Certificate Holders as GSAMP Trust 2004AR1 Present Holder of Said Mortgage By: STANTON & DAVIS As its Attorneys FROM THE OFFICES OF. Jon S Davis, Esquire STANTON o\ DAVIS 1000 Plain Street Marshfield, MA 02050 (781)834-9181 The Barnstable Patriot July 21, July 28 and August 4, 2006