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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
August 11, 2006     Barnstable Patriot
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August 11, 2006
 
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE ' By virtue and in execution of the Power of Sale contained in a certain mor gage given by Fernando B. De Aguiar to Mortgage Electronic Registration System; Inc., dated August 16, 2005 and registered with the Barnstable County Registry of th Land Court as Document No. 1010256 as noted on Certificate of TitleNo. 177648 an recordedwiththe Barnstable County Registryof Deeds at Book 20161and Page 156, c which mortgage HSBC Bank USA, NationalAssociation, as Trustee for Nomura Asse Acceptance Corporation Mortgage Pass Through Certificates Series 2006-AP1 is th> present holder, for breach of the conditions of said mortgage and for the purpose c foreclosing, the same will be sold at Public Auction at 10:00 a.m. on August 18, 2006 on the mortgaged premises located at 12 Vermeer Court, Osterville, (Barnstable Barnstable County, Massachusetts, all and singular the premises described in sai< mortgage, TO WIT: Two certain parcels of land with the buildings thereon situated in Osterville, Barnstabl County, Massachusetts, being bounded and described as follows: PARCEL 1: REGISTERED LAND NORTHWESTERLY by Renoir Drive as shown on plan hereinafter mentioned,Forty Six and 08/100 (46.08) feet; NORTHEASTERLY by Lot 20 as shown on said plan. Forty-Twoand 60/100 (42.6C feet; and SOUTHERLY by Lot 19A as shown on said plan, Sixty-Seven an 56/100 (67.56) feet. Being Lot 19, containing 969 square feet more or less as shown on a Plan of Land in Osterville, Barnstable, Mass. Being a subdivision of Lot 5 as shown on L.C. Plan 34625, dated April 4, 1983, revised May 2, 1983,Scale 1" = 40', Eldredge Engineering Co., Inc., Registered Civil Engineers & Surveyors, 712 Main Street, Hyannis, Mass., and recorded at trje Barnstable County Registry of Deeds, the Land Registration Division, as Land Court Plan 34625E. PARCEL II: UNREGISTERED LAND NORTHWESTERLY by Lot 19 as shown on a plan hereinafter mentioned, Sixty-Seven and 56/100 (67.56) feet; NORTHEASTERLY by Lot 20A as shown on said plan, Fifty-Seven and 40/100 (57.40) feet; SOUTHEASTERLY by lots 20A and 4 as shown on said plan One Hundred Twenty-Two and 90/100 (122.90) feet; SOUTHWESTERLY by Vermeer Court as shown on said plan an arc distance of Twenty-Seven and 21/100 (27.21) feet; SOUTHWESTERLY by Vermeer Court as shown on said plan Sixty- Four and 46/100 (64.46) feet; SOUTHWESTERLY by Vermeer Court as shown on said plan an arc distance of Forty-One and 92/100 (41.92) feet; WESTERLY by Renoir Drive as shown on said plan an arc distance of Sixty-Six and 20/100 (66.20) feet and Seven and 92/100 (7.92) feet. Being Lot 19A containing 14,046 square feet, more or less, as shown on a Plan of Land in Osterville, dated April 4, 1983, revised May 2, 1983, Scale 1" = 40', Eldredge Engineering Co., Inc., Registered Civil Engineers & Surveyors, 712 Main Street, Hyannis, Mass., and recorded at the Barnstable County Registry of Deeds as Book 373, Page 78. Togetherwith a right of way over Renoir Drive, Vermeer Court and the other private ways connected to Renoir Drive as shown on said plan in common with others who are now or may hereafter be entitled thereto for all purposes for which roads are customarily used in the Town of Barnstable. For title see deed recorded herewith. For mortgagors' title see deed registered with Barnstable County Registry District c the Land Court as Document No. 1010255, as noted on Certificate of Title No. 17764; and recorded with the Barnstable County Registry of Deeds at Book 20161 and Pag* 152. These premises will be sold and conveyed subject to and with the benefit c all rights,rights of way, restrictions,easements, covenants, liens or claims inthe natun of liens, improvements, public assessments, any and all unpaid taxes, tax titles, ta liens, water and sewer liens and any other municipal assessments or liens or existini encumbrances of record which are in force and are applicable,having priority over sai< mortgage,whether or not reference to such restriction,easements, improvements, lien or encumbrances is made in the deed.. TERMS OF SALE: A deposit of Five Thousand ($5,000.00) Dollars by certi fled or bank check will be required to be paid by the purchases at the time and place c 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 P.O. Box 61038E Newton Highlands, Massachusetts 02461-0389 within thirty (30) days from the dat ofthe sale. Deed will be provided to purchaser for recording upon receipt in full of th' purchase price.The descriptionofthe premises contained in said mortgage shall contrc in the event of an error in this publication. Other terms if any, to be announced at the sale. HSBC BANK USA, NATIONALASSOCIATION, A: * TRUSTEE FOR NOMURA ASSET ACCEPTANCI CORPORATION MORTGAGE PASS THROUGI CERTIFICATES SERIES 2006-AP Present holder of said mortgag. H % By Its Attorneys HARMON LAW OFFICES, PC ) Aimee Rebecca Thyreesson, Esq 150 California Stree Newton, MA 02451 (617) 558-0501 The Barnstable Patriot July 28, August 4 and August 11, 2006 I ¦ ^ ^K__3______H-__^H MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain e ' mortgage given by Victor T Paliotto to Ameriquest Mortgage Company, dated Febru- d ary 17,2004 and recorded with Barnstable County Registry of Deeds in Book 18280, )f Page 235 of which mortgage WM Speciality Mortgage LLC,Without Recourse is ,t the present holder by assignment, for breach of conditions of said mortgage and for B the purpose of foreclosing the same, the mortgaged premises located at 603 Wakeby lf Road, Marstons Mills, Massachusetts will be sold at a Public Auction at 2:30 PM on ¦ Sepember 1, 2006, at the mortgaged premises, more particularly described below, all j and singular the premises described in said mortgage, to wit: j Being that certain parcel, with the improvements thereon, shown as Lot 2 ona plan of land entitles "Plan of Land in Marstons Mills Surveyed for Charles and Dorothy D. Diggins, Kevin and Elizabeth Manton, August 19, 1967, Scale 1"=50', George 8 F.Reekie, Registered Land Surveyor, Norwell, MA." Duly filed with the Barnstable County Registry of Deeds in Plan Book 214, Plan 156. Also described as follows: A certain parcel of land, situated in Barnstable (Marstons Mills), Barnstable County, Massachusetts, known as LOT 2. WAKEBY ROAD, bounded and described as |i follows: NORTHEASTERLY by Wakeby Road on a curve with a radius of 1,182 146 feet j for distance of 125 feet; SOUTHEASTERLY by Lot 1, as shown on said plan, 444.73 feet; SOUTHWESTERLY by land of Seth R. and Mary F.Hamblin, 245.00 feet; and NORTHWESTERLY by land, now or formerly of Rogers, 31406 feet. Being shown as LOT NO. 2 on plan of land entitled, "Plan of Land in Marstons Mills surveyed for Charles and Dorothy D. Diggins, Kevin and Elizabeth Manton, August 19, 1967, Scale 1" = 50', George F. Reekie, Registered Land Surveyor, Norwell, Mass." duly filed in the Barnstable County Registry of Deeds at Plan Book 214 page 155. For mortgagor's title see deed recorded with the Barnstable County Registry of Deeds in Book 9694, Page 199. 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'sorcertified check inthesumof $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 8.Associates , PC , 321 Billerica 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. WM Speciality Mortgage LLC, Without Recourse 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 ,f The Barnstable Patriot 3 August 4, August 11, and August 18 2006 9 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certair mortgage given by Leila Matos to Mortgage Electronic Registration Systems, Inc Acting Solely as Nominee for Fremont Investment & Loan, dated June 16, 2005 and recorded with Barnstable County Registry District of the Land Court as Document No 1004714. and Noted on Certificate of Title No 177032 of which mortgage Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Re- ceivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 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 30 Dunns Pond Road, Hyannis. Massachusetts will be sold at a Public Auction at 2:00 P.M. on August 21, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage , to wit: The land situated in Barnstable in the County of Barnstable and the Commonweaith of Massachusetts, described as follows LOT 19 ON LAND COURT PLAN NO 10612-E Said premises are conveyed subject to and with the benefit of all rights, rights of way, easements , appurtenances, reservations and restrictions of record, insofar as the same are in force and applicable For mortgagor's title see deed recorded with the Barnstable County Registry District of the Land Court as Document No 1004713 and Noted on Certificate of title 177032. 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. Terms ofthe 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, 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 Wells Fargo Bank. National Association as Trustee for Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates. Series 2005-FR4 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 28, August 4 and August 11. 2006 >f _________2__________J____ -I_-Ji 3 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE x 3 By virtue and in execution of the Power of Sale contained in a certain d mortgage given by James J. Burke and Hannah Burke to National City Mortgage Co., s dated March 30, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18376, Page 60, of which mortgage National City Mortgage Inc., f/k/a National City Mortgage Co is the present holder, for breach of the conditions of said mortgage if and for the purpose of foreclosing the same will be sold at PublicAuction at 1:00 p.m. on August 18, 2006,on the mortgaged premises located at 8 Vandermint Lane, Hyannis l, (Barnstable), BarnstableCounty, Massachusetts,allandsingularthepremises described s in said mortgage, e TO WIT: >l That certain parcel of land situate in Barnstable (Hyannis) Barnstable County and Commonwealth of Massachusetts, described as follows: Lot 15 on a plan entitled "Plan of Land in Hyannis, Barnstable, Mass. for Roberts. Elliott dated March 8, 1968," and recorded in Barnstable County Registry of S Deeds in Plan Book 222, Page 31. ¦ - There is to be granted as appurtenant to said lot a right of way over the H streets and ways shown on the aforementioned plan, in common with all others lawfully 1 entitled trjereto. 2 Being the same premises conveyedto these Mortgagors bydeedof John M. Vargo and Cynthia M. Vargo dated December 7, 1995 and recorded in the Barnstable County Registry of Deeds in Book 10092, Page 257. Property: 8 Vandermint Lane t Hyannis, MA 02601 3 For mortgagors' title see deed recorded with Barnstable County Registry of ) Deeds in Book 10092, Page 257. These premises will be sold and conveyed subject to andwith 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 I mortgage,whether or not reference to such restriction,easements,improvements, liens or encumbrances is made in the deed.. TERMS OF SALE:A deposit of Five Thousand ($5,000.00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the 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. J NATIONAL CITY MORTGAGE INC., F/K/A I NATIONAL CITY MORTGAGE CO , Present holder of said mortgage i By Its Attorneys. HARMON LAW OFFICES, PC j Anna D'Avolio, Esquire 150 California Street t Newton, MA 02458 , ' (617) 558-0500 , The Barnstable Patriot July 28, August 4 and August 11, 2006 ____________________________________________¦___________________¦____¦ BARNSTABLE TOWN COUNCIL PUBLIC HEARING NOTICE The Barnstable Town Council will hold a Public Hearing on Agenda Item "2007-013 Appropriation Order for Community Preservation Fund Debt Service" scheduled for a Public Hearing on Thursday September 7, 2006 at 7:00 PM at the Barnstable Town Hall, 367 Main Street in the village of Hyannis with the potential to take final action on or after this date: 2007-013 APPROPRIATION ORDER FOR COMMUNITY PRESERVATION FUND DEBT SERVICE INTRO.: 07/20/06 ORDERED: that the Town Council hereby appropriate $3,162,771 for the purpose of paying the FY07 Community Preservation fund debt service requirements, and to meet such appropriation, that $2,403,999 be provided from current year revenues of the Community Preservation Fund and the $758,772 be provided from surplus funds in the Community Preservation Fund. A full copy and text of the above agenda items is available for review during regular business hours in the Offices of the TownClerk and the Town Council, Barnstable Town Hall, 367 Main Street, Village of Hyannis, Barnstable, MA. Donald M Grissom, Administrator Barnstable TownCouncil The Barnstable Patriot August 11, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT COMPLAINT TO FORECLOSE TAX LIEN (seal) NO. 06TL133112 TO ALL WHOM IT MAY CONCERN, and to Harry C. Dever, deceased, for- merly of Barnstable County, said Commonwealth . Marion C Dever, deceased formerly of Hyannis, Barnstable County, said Commonwealth , Denis Dever, now or formerly of Barnstable County, said Commonwealth, or their heirs , devisees or legal representa- tives: Whereas , a complaint has been presented to said Court by the Town of Barnstable, in the County of Barnstable, and said Commonwealth ,to foreclose all rights of redemption from the tax lienproceeding described in said complaint in and concerning a certain parcel of land situate in said Barnstable, in the County of Barnstable, and in said Commonwealth, bounded and described in said complaint as follows Land in Barnstable at 100 Dolphin Ln shown as Lot 35 on Assessors Map 268 recorded in Book 1740, Page 65 If you desire to make any objection or defense to said complaint you or your attorney must file a written appearance and an answer under oath , setting forth clearly and specifically your objections or defense to each part of said complaint, in the office of the Recorder of said Court in Boston (at the Courthouse located on 226 Causeway Street, Boston. MA 02114). on or before the eighteenth day of September in the year two thousand and six Unless an appearance is so filed by or for you. your default will be re- corded, the said complaint will be taken as confessed and you will be forever barred from contesting said complaint or any judgment entered thereon And in addition to the usual service of this notice as required by law, it is ordered that the foregoing citation be published forthwith once in the Barnstable Patriot a newspaper in Hyannis Witness . KARYN F. SCHEIER, Esquire. Chief Justice of said Court, this second day of August in the year two thousand and six Attest with Seal of said Court A TRUE COPY ATTEST: Deborah J. Patterson Recorder Plaintiffs Attorney Barbara Harris. Esq.. PO Box 861, Barnstable. MA 02630-0861 Telephone (508) 428-0501 The Barnstable Patriot August 11, 2006 ' Find it fast. Kust a click of the mouse. The Cape's largest I classified section @ barnstablepatribt.com tttRWSIMIiVt USUI t: %\t tatstaMe patriot 5Uo~77_.-14Z7 www.barnstablepatriot.com mm—mammm *aaaaaaaaaam___¦aaaaamaaammaammmma m " * ¦ ¦ ¦ ¦ ¦ ¦ ¦ , TOWN OF BARNSTABLE , OLD KING'S HIGHWAY HISTORIC DISTRICT j NOTICE OF PUBLIC HEARING , AUGUST 23, 2006 ¦ ! To all persons deemed interested or affected by the Town of Barnstable's Old King's Highway Historic DistrictAct under Section 9 of Chapter 470,Acts of 1973 as amended You are hereby notified that a hearing will be held on Maloney,John,84 Goodview Way, Barnstable, Map 319, Parcel 090 Fence Streeter, Irving, 102 George Street, Barnstable, Map 319, Parcel 068 | Relocate house & alterations Raggio,Anthony 115 Brentwood Drive, Barnstable, Map 333, Parcel 003-006 Pool & Fence Keough, Desmond, 109 Carriage Lane, Barnstable, Map 298, Parcel 067 Porch & alterations Leonardi, Raymond,4225 Main Street, Barnstable, Map 351,Parcel 046 New Sign Perkins, Donald & Robin, 2370 Meetinghouse Way, West Barnstable, Map 155, Parcel 046-002 Alterations Bahrawy, Jens, 3252 Main Street, Barnstable, Map 299, Parcel 032 New Sign Gryboski,Ann & Lancaster,Patrick,11Coach Lane, Barnstable,Map 298, Parcel 072 New Garage & Fence These hearingswill be held inthe Community Building. 2377 MeetinghouseWay (Route 149).West Barnstable.MA,at 7 00 PMonWednesday.August 23,2006 Allapplications and plans may be reviewed at the Townof Barnstable. Planning Division. Office of Old King's Highway Historic Distnct, Town Offices, 200 Main Street, Hyannis, MA Patncia Anderson. Chairman The Barnstable Patriot August 11, 2006 Mtecribe Today (508) 771-1^ J COMMONWEALTH OF 5 MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P1036EP1 Estate of KATHLEEN KOTZIAN Late of BARNSTABLE (CENTERVILLE) In the County of BARNSTABLE Date of Death June 21, 2006 NOTICE OF PETITION FOR PRO- BATE OF WILL Toall persons interested inthe abovecaptionedestate,a petition hasbeen presentedprayingthatadocumentpurport- ing to be the last will of said decedent be proved and allowed, and that ROBERT CONROY of LUNENBURG inthe County of WORCESTER be appointed executor, named in the will to serve without surety. IFYOU 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 ______£ Inaddition,you must fileawrit- ten affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based, within thirty (30)daysafterthereturnday(or suchother 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 25, 2006. FREDERIC P CLAUSSEN Register of Probate The Barnstable Patnot August 11, 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 telephone number. Anonymous letters will not be published, but names will be withheld upon request. We reserve the right to edit all submissions. TH£ BA P R 0 S B T 0 A X B 120 P 8 ATR,OT ° ™ T0 | HYANNI. M/102601 'etters@barns.,blop,.notcm ^ -i < COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No: 325745 To: Adalcio Da Cruz and to all person: entitled to the benefit of the Servicemem bers Civil ReliefAct HSBC Bank, U.S.A. NationalAssociation,as Trustee for Home Equity Loan Trust Series ACE 2006-HE" claiming to be the holder of a Mortgage covering real property in Centerville (Barnstable),numbered 10Skunknet Roac givenbyAdalcio DaCruzto MortgageElec tronic Registration Systems, Inc., datec October 26, 2005, and recorded with thf Barnstable County Registry of Deeds a Book 20403,Page320andnow heldbythe plaintiff by assignment has filed with saic court a complaintfor 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 CivilRelie Act as amended and you object to sue! foreclosure youoryour attorneyshouldfile a written appearance and answer in saic court at Boston on or before the 4* daj of September 2006 or you may be forevei barredfrom claimingthat such foreclosure is invalid under said act. Witness . KARYN F. SCHEIER, Chie Justice of said Court this 24'" day of July 2006. Deborah J Patterson Recordei The Barnstable Patriot August 11, 2006 __ -__-_--__l