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"
,„„ to Barnstable, over the
,erV
shown on said pan or as the
110(11 , av hereafter be relocated,
sa"1C
Jantor hereby reserving to
WJ ul successors and assigns,
ilse J,t from time to time to re-
lllC . said Roadway, excepting
l0C7 nortlon thereof as adjoins
Iff Granted premises, and subject
|
1,0
3, . other reservations as are
10
of legal force and effect.
quid premises are hereby con- ,
«i subject to the zoning laws
fthe Town of Barnstable.
The granted premises are con-
Jed subject to the following re-
^
'
dwelling house or garage de-
linfld for the occupancy by more
ff one family, and no dwel ng
Se not including garage, costing
^
than $4000.00 shall
be
erected
lr placed thereon; the granted
* ;,„» shall be used tor resl-
Hsntlal purposes only;
So buildings shall be erected or
ntnced on the granted premises
SEE than twenty-five (25) feet
? said Roadway, and no buildings,
'ther than boathouses and bath-
houses, shall be erected or placed
„„ the granted premises nearer
tW fl"y (BO) teet to the average
nigh-water mark of said lake.
These restrictions are imposed
for the benefit of the grantor and
may be waived In writing by It.
There is appurtenant to the
nremlses described In Parcels 5
and 6 herein, a right of way over
the Road to Lot C as shown on
said plan, and a right to use said
Lot c for bathing purposes only,
aB Set forth in Instrument dated
July 26, 1946, recorded with said
Deeds in Book 657, Page 123.
Pircel 7
A certain parcel of 'land with
the buildings thereon, in the Town
of Barnstable (Cummaquid), in
said County of Barnstable, bound-
ed and described aB follows:—
Beginning at the Southwesterly
corner of the premises at a point
marked by a stake in the.Northerly
line of the State Highway, and at
the Southeasterly corner of land
now or formerly of Benjamin F.
Smith: . • ..
L E G A L N O T I C E S
an Easement-of-way for all pur-
poses for which ways are common-
ly used (including a pole line for
telephone and electricity and pipe
lines for water and sewage pur-
poses) in common with Genleve C.
Bearse, her successors In title and
all others lawfully entitled there-
to, to and from said Lot D2, from
and to the County Road in, over
and upon Lot Dl as shown on plan
9288-H and in, over and upon Lots
G and H as Bhown on plan 9288-C
filed with Certificate of Title
No. 3588.
There is appurtenant to said
Lot D2, the right to use the pres-
ent pole line for telephone and
electricity for and during a period
of two years from the 3rd day of
March 1938, provided the said
Daniel Goodspeed & Co. Inc., or its
successors in title do not erect a
pole line In the above described
Easement-of-way before the ex-
piration of Bald period.
There is also appurtenant to said
Lot D2 the right to take water from
the well now located on Lot H and
to maintain the present pump and
pump house located on said Lot
H and to maintain the present pipe
line through said Lot H and Lot G
for and during the term of two
years from the 3rd day of March
1938.
Said Lot D2 is subject to such
easements-of-way, it any, as are
set forth in Certificate of Title No.
4626 , recorded In Registration
Book 22, Page 106, so far as the
same are in force and applicable.
Said Lot is subject to the terms
of a lease as set forth In Docu-
ments No. 14,819, and there Is ap-
purtenant to said Lot tlie right ,
title and interest in and to the
water pipe line as set forth In
said Document No. 14,819, Barn-
stable Registry District.
It is certified that said land is
under the operation and provisions
of Chapter 185 of the General
1 Laws, and my title to said land Is
registered under said Chapter, sub-
ject, however, to any of the en-
cumbrances mentioned in Section
46 of said Chapter, which may be
L E G A L N O T I C E S
by two lines measuring together
two hundred forty-seven and
22/100 (247.22) feet; on the
Northeast by the north lino of cir-
cuit Avenue , by two lines measur-
ing together six hundred sixtv-two
and 33/100 (082.33) feet; and on
the Southeast by the Fourth Par-
cel hereinafter described , said
boundary being the southeasterly
line of Circuit Avenue, about threo
hundred and one (301) feet.
Being Lots numbered 32 to 30,
inclusive , together with those por-
tions of said Irving Street, Harbor
View Street and Circuit Avenue
lying between said Centerville
Avenue and tho north part of said
Circuit Avenue , nil as shown on
said plan.
Said First, Second and Third
Parcels are conveyed subject to
the restriction , which shall remain
In force for one hundred (100)
years, that no buildings or struc-
tures shall be erected on said
parcels other than one-family
dwelling bouses with appurtenant
garage limited in capacity to three
(3) cars, ($5 ,000.00); provided ,
however, that for a period of live
(5) years from December 12th,
1945 , the grantor may erect and
maintain on said premises a build-
ing costing less than five thousand
dollars ($5 ,000.00) for the office of
the development ot snld premises.
Fourth: Bounded on the South-
west by Centerville Avenue about
two hundred (200) feet; on the
Northwest by the Third Parcel
above described, said boundary be-
ing the southeasterly line of Cir-
cuit Avenue, about three hundred
and one (301) feet; again on the
Southwest by said Third Parcel,
by two lines measuring together
six hundred sixty-two and 33/100
(622.33) teet und by Circuit Avenue 1
two hundred forty and 34/100
(240.34) feet; again on the North-
west by Hyannls Town Road about
four hundred (400) feet; on the
Northeast by the Fifth Parcel
hereinafter described, said bound-
ary being the center line of Ray-
mond Street, bv two lines measur-
L E G A L N O T IC E 8
MORTGAGEE'S SALE OF
PERSONAL PROPERTY
By virtue and In execution of the
power of sale contained in a cor-
tain mortgage of personal property
given by CAPE COD FOOD PRO-
DUCTS, INC. a corporation duly
established under the laws of tho
Commonwealth of Massachusetts ,
having its principal place of busi-
ness in Barnstable (Hyannis),
Barnstuble County, Massachusetts ,
to HYANNIS TRUST COMPANY,
a bunking corporation duly estab-
lished under (ho laws of tho Com-
monwealth of Massachusetts , hav-
ing its principal place ot business
in Barnstnblo (HyanntB) afore-
said, dutod August 29th , 1947 , and
recorded with the Records of
Mortgages of Personal Property In
the Clerk's office of the Town of
Barnstable, book 00, pages 175 ,
17(1, on September 3, 1947 , 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 ut Public Auc-
tion at 3:30 o'clock P.M., Eastern
Standard Time, on Friday, the 14th
day of October, 1949 , .on the prem-
ises In said IturiiHtable (Hyannis)
I more particularly described In n
mortgage of real estate from the
vendor to tho vendee, dated August
. 29th , 1947, recorded with Burn-
, stable County Registry of Deeds
i with tho records of unregistered
land in Book 077, Page 116 and be-
ing the first parcel described In
said mortgage, all and singular the
goods and chattels described In
said mortgage ot personal prop-
' erty, namely:
All furniture , furnishings , fix-
tures, machinery, equipment , and
' all other personal property ot
every mime, nature and doscrlp-
I tlon now located in any building or
I buildings owned by the vendor and
situated on land more particularly
|described In a mortgage of real
, estate of even dnte herewith from
the vendor to tho vendeo, except -
L E G A L N O T I C E S
Office nt Boston, n copy of which
is filed In Barnstable County Reg-
istry of Deeds in Land Registra-
tion Book 52, Page 3, with Certi-
ficate of Titlo No. 8303. and said
land is shown thoroon as LOT E3.
So much of the lund herein
described us by implication of
law is Included In tbo Way on the
south of said Lot E3 is subject to I
its use ns a part of such Way hy j
ull those lawfully entitled there- ,
to, and there is appurtenant to tho
above described land tho right to
use all of the Ways on plan
17609-A In common with others
entitled thereto. .
Said land is under tho operation 1
and provisions or Chapter 185 of
the General Laws, and Its title to
said land is registered under said .
Chapter, subject, however, to any ;
ot tlie encumbrances mentioned in
Section 46 ot said Chapter, which
may be subsisting, and subject also '
as aforesaid.
Being the registered land ns
shown on Certificate of Title No. j
9122, Land Court Case No. 17009.
There is included herein ns a
part of the realty all portable or
sectional buildings at any time
placed upon said premises, and nil
furnaces, ranges, heaters, plumb-
ing, gas and electric fixtures ,
screens, mantels, shades, screen
doors, storm doors and windows,
oil burners, gas or electric refrig-
erators and all other fixtures or
whatever kind and nature at pres-
ent or hereafter Installed in or
on the granted premises In any
manner which ronders Biich arti-
cles usable in connection there-
with so far as tho same are
or can bo agreement of parties,
be made a part of the really,
and all material, apparatus or sup-
plies Intended to enter into the
construction, ropnir or remodelling
of the buildings on snld premises,
now In said buildings or on said
premises, or placed therein or
thereon prior to the full payment
and discharge of this mortgage.
L E G A L N O T I C E S
described as follows:—
Northwesterly by land of the
heirs of Emma Cahoon deceased ,
six hundred forty (640) feet more
or less;
Westerly by the said heirs of
Emma Cahoon and land of the
heirs of Francis T. Bowles three
hundred sixty-nine and 12/100
(369.12) feet;
Northerly by land of the heirs
of Francis- T. Bowles, two hundred
seventy-eight and 4/10 (278.4)
feet;
Easterly by land of Hugh Mur-
phy and land now or formerly of
the heirs of Charles Nelson three
hundred and ninety-four and 34/100
(394.34) feet;
Southerly by land ot Eunice
Sutherland fifty-seven (57) feet;
Again Easterly and Southeaster-
ly by land of said Eunice Suther-
land eight hundred twenty-six
(826) feet more or less;
Southwesterly by the brook run-
ning through land now or formerly
of Alice B. Nlckerson.
Containing 7.38 acres more or
less.
Meaning and Intending to con-
vey all that portion of the prem-
ises lying North of the brook as
shown on a plan entitled "House-
lot in Barnstable conveyed to Alice
B. Nlckerson by M. A. Groce, Dec.
9, 1926, formerly Benj. F. Smith"
I. H. Smith, Surveyor.
The above premises are con-
veyed subject to the following fe-
strlctlons :
No building other than a single
dwelling house costing not less
than $12,000.00 together with a
private garage having a capacity
for not more than three cars shall
be erected on the granted prem-
IflAP,
Together with the privilege ' of
a 12-foot right of way running
Northerly from the County Road
over the brook at the Westerly
end of other land now of Alice B.
Nlckerson adjoining land ot the
heirs of Emma Cahoon.
Parcel 10
A certain piece of beach and
meadow land on Long Beach in
the Village of Centerville, In said
thence, Northeasterly in line of
said Smith land, four hundred fifty-
three and 56/100 (453.56) feet,
more or less, to a stake; .
thenee, Northerly still in line of
land now or formerly of said
Smith, six hundred eighteen and
42/100 (618.42) feet, more or less,
to a stake;
thence, Easterly still In line of
land now or formerly of said
Smith, sixty (60) feet to e stake;
thence, Southerly in line ot land
now or formerly of Charles W.
Nelson and partly by land now or
formerly of Joseph Whlttemore
(later Bertha F. Smith) five hun-
dred eight-six and 78/100 (586.78)
feet more or less, to a stake;
tlience, Southwesterly in line of
last mentioned lands, eighty-three
and 59/100 (83.59) feet, more or
I
less, to a stake ;
I thence, Southerly still in line ot
|ist mentioned lands, two hundred
ninety-five and 36/100 (295.36) feet,
more or less, to a stake;
thence, Southeasterly still In
line of last mentioned landB, one,
hundred seventy-six and 16/100
11711.16) feet to a stake in Bald
Northerly line of said State High-
way; forty-one and 86/100 (41.86)
feet to a Massachusetts Highway
bound;
thence, Westerly In a curve by
said Northerly line of said State
Highway, one hundred ninety-five
and 59/100 (196.69) feet more or
less, to a Massachusetts Highway
bound;
thence, Northwesterly In said
Northerly line of said State High-
way, one hundred thirty-five and
S2/100 (135.82) feet, more or less,
to the point of beginning.
Containing three and 56/100
(3.6G) ncres, more or less.
for a more particular descrip-
tion of the above described prem-
ises, see "Plan of Land In Barn-
stahle (Cummaquid), Barnstable
Mass., belonging to Noah A. Brad-
ford (to be conveyed to Eunice
Sutherland)" , duly recorded with
Barnstable County Registry of
Doeds.
Parcel 8
The land situate in Bald Barn-
stable in the Village of Barnstable,
so-called , bounded and described
aB follows:
(1) Bounded north by land form-
erly of William Dixon, east by said
Dixon land or a Town Road, south
jjy land now or formerly of
CliarleB Nelson and west by land
formerly of William W. Sturgls,
and being the same land described
In the deed ot Annie C. Murphy
to Robert Hugh Murphy dated
SSSS?^' ,.1!>27
' rec°rded with
aarnstable County Deeds in Book
449, Page 406.
nr
(
fi™ °U
,nded north Dy land now
or formerly or Amanda Nelson 144
till '
eas' by said Nelson land 100
w "0Uth by S8ld NeIa°n land 144
WMH« ™
d
<^
e8t
,b>r land formerly of
wkh S ?
t
.
Urgls
A
00 feet- together
wav nvJr?
1
?
911 easement of
way over land of Chnrio. M«T«„«
Barnstable, together with the
buildings thereon, bounded and de-
scribed as follows: —
Beginning at a stone bound on
the south side of the Town Road
at the northwest corner of land
now or formerly of Stacy L. Hall ;
thence, by land now or formerly
of said Hall, South 3ft° West,
about one hundred forty-four (144)
feet; thence in the same course to
the waters of Centerville Harbor ;
thence westerly, by the waters of
said harbor, eighty (80) feet to
land now or formerly of Chester
Bearse; thence North 3%° East,
about ninety (90) feet to the top
of the bank by land now or form-
erly of said Bearse; thence In the
same course still by land now or
formerly of Bald Bearse, one hun-
dred forty-four (144) feet to the
Town Road; thence easterly, by
the Town Road, eighty (80) teet to
land now or formerly of said Hall
and the point of beginning. Begin-
ning again at the first mentioned
bound running North 16° West, by
land now or formerly of the Heirs
of Andrus Bearse, about one hun-
dred seventy-six and 8/10 (176.8)
feet to a stone bound on the in-
side ot the dike; thence in the
same course about thirty-three (33)
feet ,by land now or formerly ot
Bald Chester Bearse, to the waters
of Centerville River; thence south-
westerly twenty (20) feet , by the
river, to land now or formerly of
said Chester Bearse; thence South
16° East, about two hundred eleven
subsisting, and subject also as
aforesaid, and to any and all pub-
lic rights legally existing In and
over the same below mean high
water mark.
Being the registered land as
shown on Certificate of Title No,
9121, Land Court Case No. 9288.
Parcel 12
The following described parcels
of cranberry bog and adjacent up-
land, or the designated interest
therein, situate In the Town ot
Orleans, In said County ot Barn-
stable, with all the privileges and
appurtenances thereof:—
Twenty-one t h i r ty seconds
(21/32) in common and undivided
with the executors ot the will of
George A. Smith, the heirs of Fran-
cis M. Smith and the heirs of
Hugh L. Stalker, In a parcel of
cranberry bog nnd
1
upland In snld
Orleans, known as "COVE BOG",
bounded and described as fol-
lows:—
Beginning In the Westerly line
of Massachusetts State Highway,
I Route 6, and in the Easterly line
[of the granted premises at a Mass-
achusetts Highway bound;
thence Southwesterly by a curve
to the right , of radius 1009.42 feet,
a distance of 741 feet , to another
Massachusetts Highway bound;
thence Southwesterly 721.01 feet ,
to land now or formerly of one
Davis, formerly of Christopher
Edwards;
thence N. 17" 58' 50" W. 507.5
feet, in range of land of said Da-
vis. In ranire or land now or form-
L E G A L N O T I C E 8
nathaii E. Eldredge by deed dated
May 25, 190G and recorded with
Barnstuble County Deeds, Book
279, Page 99.
Also a parcel of land lying to
the Northwest of the above,
bounded:
On the South by land formerly
of James Hurd , there measuring
145 reet;
on tho West by the Cedar Pond,
52 feet;
on the North by land now or
formerly of Elnathan E. Eldredge
227 feet; and
on the East by Bridge Road,
22 feet; and
on the Southeast by the loca-
tion of the Old Colony Railroad ,
161 feet.
Parcel 13
The following described land ,
and cranberry bog, situate In the
Town of Chatham, Barnstable
County aforesaid:—
First:
The premises known as the
"Star Bog" including the "Cedar
Spring" or "Cedar Tree Bog",
"Apple Tree Bog" and the "Nook
Bog\ and also the "Buck Bog,"
and is bounded:
On the North and on the West
by land now or formerly of Ed-
ward N. Johnson;
again on the North, on the East,
on the North, on the West and on
the North by land sometime of one
Glendon now supposed to be of
Richard Rich;
on the North and on the East
by land now or formerly of Kath-
erlne F. Doane;
on the South by land now or
late ot Elnathan E. Eldredge and
others (Sulphur Springs Cranberry
Bog, so called);
on the West, on the South and
again on the West by lund now
or formerly of Horace lluck and
wife; and
again on the North and again on
the WeBt by land of Frank C.
Scanlon.
Said parcel has the benefit of ,
and Is subject to existing ease-
ments.
Meaning and intending to con-
vey the premises conveyed to the
said Elnathan E. Eldredge by deed
of Lillian E. Harding dated April
26, 1938 and recorded with Barn-
stable County Deeds, Book 541,
Page 299, and also the premises
conveyed to the said Elnathan E.
Eldredge by deed of Horace C.
Buck and wife, dated November
21, 1939, and recorded aB aforesaid,
Book 561 Page 223. A part ot the
premises described in the latter
deed are subject to an easement
for the benefit ot the suld Buck
and wife, as therein reserved.
Second:
The parcel ot cranberry bog and
upland situate in said Chatham ,
bounded and described as follows:
On the East by a public way ;
on the North by land now or
formerly of Lorenzo D. Duck;
on the West by a dike and land
of Charles A. Hardy; und
on the South by land or said
Hardy formerly of Lorenzo D.
1 Buck.
I Said parcel has an area of two
] and one-quarter ucres, more or
loss.
Appurtenant to the first parcel
described in the herelnunder men-
tioned deed of Alonzo Nlckerson ,
recorded , Book (117 , Pnge 20, is
the privilege to take sand for said
parcel of bog from the old sunt!
hole at tho North thereof , also tho
privilege of a landing place South
ot said bog.
Parcel 14
The land situate in Orleans in
said County o( Barnstable bounded
and described as follows :
On the West by a Town Way
commonly called Bridge Road;
on the North , East and South by
land or tho Cove Hog Cranberry
Compuny, or however said com-
pany or corporation may be more
properly named or described.
For title ot the grantor to the
above described cranberry bogs,
so culled , see deed from Coleman
S. Winchester , Jr. to It , dated
November 19, 1940 , recorded with
Barnstable County Registry of
Deeds ill Book 659 , Page 527.
Tho above described parcels 12,
13 and 14, are conveyed subject
to all outstanding mortgages and
onenmbrances of record.
Parcel 15
The Innd in Burnstable, Barn-
stable County, Massachusetts, at
or near tho villa ge of West Hyan-
nisport, together with all buildings
thereon , bounded and described
as follows: —
First : Bounded on the South by
the public way called Wlanno
Avenue as shown on a plan here-
inafter mentioned , eighty (80)
feet; on the WeBt by the middle
line of Lot 136 on said plan, one
hundred (100) feet; on the North
by Lot 135 on said plan , eighty
(80) feet; and on the Bast by
Irving Street, one hundred (100)
feet; all as shown on said plan.
Being Lot 137 and the east halt
of Lot 136 as shown on a plan
made by C. H. W. Wood Co., sur-
veyors, July 30, 1900, entitled "Plan
of Land belonging to The Hyan-
nls Beach Association, Barnstable,
Mass., Section No. 2", recorded
with Barnstable Deeds, Plan Book
26, Plan 131, to which plan refer-
ence may be made for the above
described parcel and the other lots
and avenues named In this deed.
Second: Bounded on the South
by said Wlanno Avenue, three
hundred seventy-three and 94/100
(373.94) feet; on the West by said
Irving Street, three hundred forty-
nine and 38/100 (349.38) feet; on
the Northwest by said Irving
Street, eighty (80) feet; on the
North by Centerville Avenue, by
two lines measuring together five
hundred twenty-five and 17/100
(525.17) feet; and on the South-
east by Greely Avenue, eighty-five
and 87/100 (85.87) feet.
Being Lots numbered 37 to 41,
Inclusive, Lots numbered 138 to
151, Inclusive , and all that portion
of Harbor View Street that lies
between said Wlanno Avenue and
Centerville Avenue, all as shown
on said plan. .
Third : Bounded on the South-
west by said Centerville Avenue,
six hundred fifty-seven and 64/100
(667.64) feet; on the Northwest by
the middle line of Jackson Street
extended northeasterly to the
northerly line of Circuit Avenue,
eln^th
r
e
°m the founty Road, and
the d«£
S
,
ame Iand described In
m?w?"L
of
u
Ann,e c- Murphy to
temher W
Murphy dated W
SV??7', r«°ord«d with said
Parcel 9
B
°°k 449> Pa*e 405'
itahu
la
n
d ,n Barn»table, Barn-
bound.* °0Unt5r
i Massachusetts,
jMUjtod and described as tot
iA!!?ItainP*™61 of land situated
dLrii? J
BarnBt»Me, bounded and
aeacrlbed as follows:—
tortLr
6 S
.
outh °y land ««>W or
lln TIL °f
.
John Statins, the
ta..
b!«,"n,n
* »* a atake and
emu« i
he
1
00">w of the granted
^flam
by
D
,
rx
n
on.
nOW « f°rmerIy
t^w, rUnnln«
'
South 22° Bast
,
°
,f
t "
5 slxty-four and 6/10
hinn- I
1
*?/ Btake and "'ones;
CESf S,°m lr 15' Ba8t tow
-^¦EK (4fl6) feet
t0
a
&&H&&BaBt one hun-
&&J%&
' by iand now °r
On \liSJ tne STantor;
William n.
0rth by the land of said
On «2 Dlxon; and
*™l»m Dbon
by the land of 8ald
'ftah^
6 ,
.
and tn the Town pt
nBll>l>le aforesaid, bounded and
parcel n
The land in Barnstable (Cen-
terville), in the County of Barn-
stable and Commonwealth of
Massachusetts, together with the
buildings thereon, bounded and
described as follows:—
Westerly by Lot C as shown on
plan hereinafter mentioned, about
one hundred thirty-six (136) feet;<
Northerly by Lot Dl, sixty-six
and 17/100 (66.17) feet;
Easterly by land now or former-
ly of Prince A. Fuller, forty (40)
feet; again
Northerly by said Fuller land,
forty-three and 67/100 (43.67) feet;
and again
Easterly by Lot G, as shown on
plan hereinafter mentioned, about
two hundred three (203) feet; and
Southerly by the Cove.
All of said boundaries except the
water line are determined by the
Court to be located as shown on
subdivision plan 9288-H dated
April 20, 1937, draWn by Bearse &
Kellogg, 0. Eng'rs, and filed in the
Land Registration Office at Boston,
a copy of which is filed in Barn-
stable County Registry of Deeds
in Land Registration Book 26 Page
12 with Certificate of Title No.
6072 and said land shown as
thereon as LOT D2.
There Is appurtenant to said lot
land's range, 234 feet;
thence Easterly 210 feet;
thence Northerly 214 feet, In
said Howland's range to the South-
erly llrfe of Canal Road;
thence Easterly by Canal Road
by two courses 233 feet to the
Canal, so called, or to land of own-
ers unknown;
thence Southerly 378 feet;
thence Easterly 31 feet, to a
stake In the Westerly line ot the
Massachusetts State Highway,
nfor©SB,Id *
thence by the said line of said
Highway, Southerly 102 feet, to the
first mentioned bound.
Containing sixteen and one-half
acres of cranberry bog, more or
less, and an unestlmated area of
upland.
Said premises are subject to a
right of way, near range of land
formerly of Edwards and Hall for
the benefit of land sometime of
Benjamin Hlggins, as reserved In
a deed of Benjamin Hlggins dated
December 4, 1905, and recorded
with Barnstable County Deeds,
Book 275, Page 357.
Together with any land In Or-
leans and Eastham lying between
the present and old location of the
State Highway which may have
been Included In that conveyed
by George S. Ncwcomb to El-
(211) feet to the Town Road ;
thence easterly, by the Town Road ,
to the point of beginning about
twenty-one (21) feet. Reserving
to the public any legal rights of
way it may possess over any part
of said premises. Same contains
twenty-two thousand nine hundred
(22 ,900) square feet, be the same
more or lesB, estimated at mean
low water.
The above described premises
are Hereby conveyed subject to
the restrictions contained In deed
of Chester Bearse to George E.
Boiling, dated January 15, 1917, re-
corded with Barnstable County
Deeds, book 350, page 502.
Also the land In said Barnstable
shown as Parcel No. 3 on plan
entitled "Town of Barnstable, Plan
ot Long Beach Road, Centerville,
Barnstable, Massachusetts, as re-
located by the Selectmen, Jan. 30,
1931, Nelson Bearse, Surveyor,"
and recorded with Barnstable
Deeds In Plan Book 43, Page 73;
said parcel containing seven hun-
dred twenty (720) square feet ot
land, more or less, and being a
parcel marked George E. Boiling
on said plan, and being described
as a parcel discontinued. For tak-
ing reference is made to Instru-
ment recorded with said Barnsta-
ble Deeds, Book 480, Page 332.
Said parcel is located between the
, south line of the old layout of
' Long Beach Road and the south
line of the 1931 layout of said
|Road, as shown on said Plan,
erly of the heirs of George S. Hall ,
and In range of lund now or form-
erly of Benjamin Hlggins , to a
concrete bound;
thence Westerly in range of land
now or formerly of said Hlggins ,
243 feet, to a stone bound In range
of land now or formerly of the
heirs ot Philander Crosby;
thence Northerly 135 feet, to an
Iron pipe ;
thence Northwesterly 143 feet, to
a concrete bound at Bridge Road ;
thence Northeasterly by Bridge
Road , 110 feet, to a stake at land
of the grantor, formerly of Eunice
Swain and others;
thence Easterly by three courses
in said grantor's range, 366 feet ,
to a concrete bound;
thence Northerly 225 feet, to said
Bridge Road ;
thence Northeasterly and East-
erly by two courses by Bridge Road
to a stone bound in range of land
of Mabel Snow;
thence Southerly 292 feet;
thence Easterly 209 feet;
thence Northerly 151 feet;
thence Easterly 138 feet, to a
concrete bound;
thence Northerly 15 feet;
thence Easterly by two courses
189 feet*
thence' Northerly 69 teet, to the
Southerly line of Canal Road;
thence Easterly 78 feet, by the
Southerly line ot Canal Road to
land of George B. Howland;
thence Southeasterly and South-
erly by two courses in said Row-
ing together about seven hundred
and sixty-seven (767) feet; and on
the Southeast by land now or
formerly owned or occupied by
Chllds and Heals , about eight hun-
dred and sixty (860) feet.
Being Lots numbered 16 to 29,
inclusive , and three unnumbered
parcels, but excepting tlmrnfrom
the parcelB marked "J. Parry" and
"U. G. Llnnell & Al ," all as shown
on said plan. The said Fourth
Parcel also Includes the southerly
and southwesterly half of Ray-
mond Street.
Fifth: Bounded on tho Southwest
by the middle line ot said Ray-
mond Street, by two lines measur-
ing together about eleven hundred
and twonty (1120) feet; on the
Southeast by lund now or formerly
owned or occupied by W. T. Bealos
about nine hundred and ten (910)
foot; on tho Southwest, again by
?aid land of Bealos and land now
or formerly owned or occupied by
W. Washington , about nine hun-
dred und forty (940) root; on the
Southeast by land ot owners un-
known about ton hundred and
seventy (1070) root; on the North-
east by liindH now or formerly
owned or occupied by one Slurgos
and one Perry, about nine hundred
and forty (1140) feet; on the North-
west by land now or formerly
owned or occupied by E. Smith
about eight hundred twenty-six
(82(1 ) foot; on tho Northeast by
laud of suld Smith about six hun-
dred and twenty-eight (028) foot;
on tho Northwest by other land
of said Smith , by two linos mea-
suring together about throe hun-
dred nnd thirty (330) feel ; und oil
the West by Rod Lily Pond ,, so-
called.
; 1I1K IUIWUVU1 HIICI1 irurnuiiui Jil t<|»-
erty as inuy be now located on
{ parcels 5, 6, 7, 8 and 9 In said
I mortgage, together with all such
furniture , furnishings, fixtures,
machinery, equipment and other
personal property as may bo placed
I in any building or buildings ot tho
vendor located on the premlsos de-
, scribed In snld mortgage of real
estate, except on parcels 5, 6, 7, R
I und H therein, whether In addition
thereto or in substitution therefor,
nnd used In any way In connection
with the business conducted on
any or all of said promises.
And the vendor will also from
time to time hereafter, during tho
continuance of this mortgage und
Hiild mortgage or real ostute, sign ,
seal , acknowledge nnd deliver to
vendee , Its successors, and assigns,
nl Its request , such supplemental
i mortgages or other Instruments as
In tho Judgment of the vondoo may
be necessary or duHlrublo to fur-
ther secure Iho payment of the
' principal and Interest of the note
; hereby secured,, also secured by
said mortgage of real dilate.
This mortgage Is subject to a
i prior mortgage from this vendor
in ibis vondoo duly recorded with
tbo records of Mortgages of Per-
sonal Properly In tbo Clerk's office
of tbo Town of Barnstnblo.
Said personal property will bo
sold subjoct to said prior mort-
gugo, and subject to all unpaid
luxes , iissossnionts and tax stilus,
If any I hero he.
Terms of tho sale , ten por cent.
(10%) to lie paid In CIIH II or cor-
iiiinii chock by th e purchaser ut
the llmu und plucu of tho mile ,
balance of the purchase price
within ten (id) duys upon delivery
of tho bill of sale at tbo offi cii of
Paul M. Swirt , Attorney, Hyannls ,
M USH . Other terms to bo uiilioillicod
at the time of the sale.
HYANNIS TRUST COMPANY
By Gerard C. ilouso, Trousuror
Present Holder or said Mortgage.
Eur further authorit y for said
sain , soo decree of the Superior
Court In und for the County of
lliiriistubli ) , Commonwealth ot
Massachusetts , dated and ontenid
August 19, 10411 , In Case No. 21135.
Paul M. Swift , Ally
Hyannls , Mass.
Said premises will be sold sub-
ject to a prior mortgage to said
Hyannis Trust Company, dated
August 29th , 1947 , recorded on
September 2, 1947, with Barnstable
County Registry ot Deeds with tho
records of unregistered land In
Book 677, Page 101, and with the
records ot registered land ns Doc-
ument No. 20,429 , noted on Cer-
tificate ot Title No. 9121, In Regis-
tration Book 58, Page 101, also on
Certificate ot Title No. 9122, In
Registration Book 58, Page 102,
Lund Court Cases NOB. 9288 and
17609.
Said premises will be sold sub-
ject to all unpaid taxes, assess-
ments and tnx sales, If any thero
be.
Terms of the sale,, ton ite r cent.
(10%) to be paid In cash or cer-
tified check by tho purchaser at
the time and place of the sale, bal-
ance of the purchase price within
ten (10) days upon delivery of the
deed at the office of Paul M. Swift ,
Hyannis , Mass. Other terms to ho
announced nt tho time of tho sale,
HYANNIS TRUST COMPANY
By
Gerard 0, Rosso, Treasurer
Prosont Holder or said Mortgage
For further authority for suld
sale, soo ¦ decree of tho Superior
i Court In and for tho County of
lliiriislablo , Commonwealth of
iMassachusetts , dated and entered
August 111 , 1949, in Case No. 21134.
Paul M. Swift , Atty
Hyannis, Mass.
, (Sept. 22, 29, Oct. (I)
_—-^—^——.—————•
Being the same promises shown
on a plun miido by Frederick ().
Smith, surveyor* November 1917,
ontltlod "Plan of Section Threo,
Hyannis Beach Association , Cralg-
vllle , Mass.", recorded with Barn-
Stable Registry of Doeds.
Said Fifth Parcol is conveyed
subjoct to tho public ousuuioiit of
way In Hyannis Town Roud as
shown on said plan.
All of said parcels aro convoyed
subjects to liny existing rights or
way over lliu street shown on said
plans in so far as tho same may
bo In force, and Together with all
rights of way, easements and
benefits appurtenant to tho grant-
ed premises, If any.
This deed does not convey but
expressly excludes any rights of
way or other rights In any or tho
streets south of Wlanno Avenue.
Commonwealth of Massachusetts
Barnstable , ss.
PROBATE COURT
To all persons lulorostcd III the
estate of PRANK SBJNTBIO, late of
Barnstable (Hyannis), In said
County, deceased,
A petition bus bnon proseuled to
suld Court for probate of u certain
Instrument purporting to be tho
lust will or said deceased by GREG-
ORY HENTEIO, of Barnstable (Hy-
ami In ). In said County praying llial
ho he appointed executor thereof
Without giving a minify on bis bond.
if you desire lo object therein ,
you or your attorney should flic u
written appearance In said Court
al llarinitable before ton o'clock III
tbo forenoon on Iho 11th day of
October , 1949 , the return day of
this citation.
Witness , COLLEN C CAMP-
BELL, Esquire, Judge or said
Court, this 9th day or September
In the year one thousand nine hun-
dred and forty-nine,
KENRICK A. SPARROW ,
Register,
Sept . 22, 29, Oct. 6.
All of said parcels aro conveyed
subject to restrictions , rights of
way and encumbrances In so far
as the same may now be in force
and applicable to said premises.
Being the same premises con-
veyed to Theodore E. Clifton by
Edward Kronvall by deed dated
December 12, 1945, recorded with
Barnstable County Registry of
Deeds in Book 638, Page 302. For
title of the grantor, see deed from
Theodore E. Clifton to it dated
December 31, 1946, recorded with
said Deeds In Book 663, Page 202,
EXCEPT!NO herefrom all parcels
previously conveyed by said Theo-
dore E. Clifton and the grantor.
Parcel 16
The land in Barnstable (Cralg-
vllle), In the County of Barnstable
and Commonwealth of Massachu-
setts, together with the buildings
thereon, bounded and described
as follows:—
Southeasterly by a Way, seven-
ty-six and 35/100 (76.35 feet;
Southerly by said Way, forty-
six and 14/100 (46.14) feet;
Westerly by land now or form-
erly of James Bufflngton et al and
Lot F, by three lines together
measuring one hundred forty-
seven (147) feet;
Northerly by land now or form-
erly of Mary G. Batchelor, thirty-
seven and 69/100 (37.69) feet;
Northeasterly by Lot E2, eighty-
four and 17/100 (84.17) feet; and
Easterly and Northeasterly by
Lot A, by various lines together
measuring one hundred sixty-six
and 03/100 (166.03) feet.
All of said boundaries are de-
termined by the Court to be lo-
cated as shown on subdivision plan
17609-F, dated June 20, 1948 ,
drawn by Leo W. Grenler, C. E„
and filed In the Land Registration
Commonwealth of Massachusetts
Barnstable, 88. Probate Court
To ull persons Interested In the
estate of NETTIE F. BEARSE
late of Providence , In the County of
Providence , and Stute ot Rhode
Island , deceased.
A petition has boon presented to
said Court with certain papers
purporting to be copies of the last
will of said deceased, and or the
probate thereor In said State of
Rhode Island , duly authenticated ,
by EDWIN HOWARD BEARHM ,
of Yarmouth (West), in the County
of Barnstable, Commonwealth of
Massachusetts, praying that the
copy of said will may be filed and
recorded In the Registry of Pro-
bate of said County of Barnstable,
and that he be appointed adminis-
trator with the will annexed there-
under, without giving a surety on
bis bond, the executor named In
said will having deceased.
If you desire to object thereto,
you or your attorney should file a
written appearance In said Court
at Barnstable before ten o'clock
In the forenoon on the 26th day of
October, 1940, the return day of
this citation.
Witness, Collen C. Campbell , Es-
quire, Judge of said Court, this
15th day of September In the year
one thousand nine hundred and
forty-nine.
KENRICK A. SPARROW ,
Register
Sept. 22, 29, Oct. 0
GETTING THE "BIRD"
English sparrows, now found In
all continental North America, ex-
i cept Alaska, were Imported from
I England in 1850. ,
Commonwealth of Massachusetts
Barnstable, si.
BOARD OF APPEAL8
To Donald Hansen and Kniiiiolh
Hoarse , both of Barnstnblo lllyuii-
nls ), llariistnblo County, and to ull
persons Inlcrustud.
Whereas an appeal has boon ta-
ken by Joseph Morey and 101 vIda
Moray fro m a (Incision of the Hoard
of Selectmen of llaruslublo , where-
in suld Board refused to grant the
' suld Joseph Moray and Elvlda Mo-
rey a permit to erect a building for
' Hie purpose of operating U store
and barber shop business at
Hearses Way in suld Hyannis.
R you desire to be heard on said
appeal , you or your attorney should
file a written appearance , or appear
personally before suld Board of Ap-
peals ut Town Office Building
(hearing room) ut 10 a.m. on Sep-
tember 30, 1949.
DANIEL J. FERN,
CECIL I. GOODSPEED,
GEORGE H. M ELLEN , JR.
Board of Appeals,
Town of Barnstable.
Barnstable, ¦«.
PROBATE COURT
To all persons Interested In the
trust estate under the will of
EMMA HANDY MALONEY, late of
Barnstable (Hyannls), In said
County, deceased, for the benefit
of MARY POLLOCK, BTAL.
The trustee of said estate has
presented to said Court for allow-
ance Its seventeenth account.
If you desire to object thereto ,
you or your, attorney should file a
written appearance In said Court
ut Burnstable, before ten o'clock in
the forenoon on the 27th day or
Kept ember , 1949, tho return day or
this citati on.
Witness , COLLEN C. CAMP-
BELL , Esquire, Judge of said
Court , this .'tilth day of August, In
the year one thousand nine hun-
dred und forty-nine.
KENRICK A. SPARROW,
Register.
I
Sept. 8, 1C, 22.
I '