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Barnstable Patriot
Barnstable, Massachusetts
October 6, 2006     Barnstable Patriot
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October 6, 2006
 
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Power of Sale contained inacertain mortgage given by Dolores V. Chaves to Mortgage Electronic Registration Systems, Inc., dated November 29, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20519, Page 21, of which mortgage HSBC Bank USA, National Association, as Trustee for SG Mortgage Securities Trust 2006-FRE1 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 October 20, 2006, on the mortgaged premises located at 45 Beth Lane, Hyannis (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land with the buildings thereon situated in Hyannis Barnstable County, Massachusetts as shown on Lot 47 in Plan Book 271, Page 84 in the Barnstable County Registry of Deeds. Property Address: 45 Beth Lane, Hyannis, MA 02601 For title see Deed in Book 18300, Page 145. For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 20519, Page 18. 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, vJhether or not reference to such restrictions, easements , improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00) 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, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. 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, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SG MORTGAGE SECURITIES TRUST 2006-FRE1 Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Aimee Rebecca Thyresson, Esq 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot September 29, October 6 and October 13, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Cheryl L. Magee a/k/a Cheryl L. Howies to Mortgage Electronic Registration Systems, Inc., dated August 25, 2003 and recorded with the Barnstable County Registry of Deeds at Book 17559, Page 320, 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 11:00 a.m. on October 20, 2006, on the mortgaged premises located at 25 Harbor View Road, Barnstable, Barnstable County, Massachusetts,all and singular the premises described in said mortgage, TO WIT: A certain parcel of Land, together with the buildings thereon, situated on the Northwesterly side of Harbor View Road, a private way off Commerce Road in Barnstable, Barnstable County, Massachusetts, being that remaining portion of Par- cel A as shown on a plan entitled "Plan of Division of Land of Ermanno Zustovich in Barnstable into parcels AS B", dated May 26, 1950 by Newel lB. Snow, Eng'r., recorded with Barnstable Deeds, Plan Book 93, page 63, after excluding therefrom the portion of said parcel A heretofore conveyed by Deed of Mary C. Tirrell to Walter W. Bodo et ux dated September 12, 1953, and recorded with said Barnstable Deeds on September 25, 1953, said remaining portion of Parcel A. hereby conveyed being bounded and described as follows: Southeasterly: by Harbor View Road, two hundred fourteen (214) feet; Southwesterly: by land now or formerly of Walter W. Bodo and Isabelle B. Bodo, one hundred nine (109) feet; Northwesterly: by land now or formerly of George Cobb et ux, two hundred fourteen (214) feet; and Northeasterly: by ParcelBas shown on the above mentioned plan,one hundred nine (109) feet. Containing, approximately 23,322 square feet, more or less. Subject to and together with any and all easements, rights, rights of way, restrictions, reservations, licenses, covenants, terms, etc., that are a matter of record insofar as the same are in full force and applicable. "The property is more accurately described at Lot 2 on Plan Book 300, Page 62 For mortgagor's title see deed recorded with Barnstable County Registry of Deeds in Book 14322, Page 292. 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 Five Thousand ($5,000.00) 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, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. 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. Kathryn A. Fyans, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot September 22, September 29 and October 6, 2006 I 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. THE BARNSTABLE PATRIOT • P.O. BOX 1208 • HYANNIS, MA 02601 ¦ORE MAIL TO • letters@barnstablepatriot.com 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 Rodrigo Costa to Mortgage Electronic Registration Systems, Inc., dated September 30, 2004 and recorded with the Barnstable County Registry of Deeds at Book 19091, Page 327, of which mortgage First Horizon Home Loan Corporation 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 October 20, 2006, on the mortgaged premises located at 83 Patriot Way, Centerville (Barnstable), Barnstable, Barnstable County, Massachusetts,all and singularthe premises described in said mortgage, TO WIT: The land with the buildings thereon located in Centerville, Barnstable County, Massachusetts, being shown as Lot 9 on a plan of land entitled "Plan of Land in Barnstable (Centerville) Mass. For Franco Real Estate Development Co., Inc." Scale 1"=50',August 16, 1978, Baxter and Nye Inc. Registered Land Surveyors, Osterville, MA, recorded in Plan Book 327, Page 26 of the Barnstable County Registry of Deeds. For mortgagor's title see deed recorded with Barnstable County Registry of Deeds in Book 19091, Page 325. 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 Five Thousand ($5,000.00) 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 P.O. 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. FIRST HORIZON HOME LOAN CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC. Elena Peterson, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot September 29, October 6 and October 13, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Michael Mitchellto Option One Mortgage Corporation,dated Janu- ary 7, 2004 and recorded with Barnstable County Registry of Deeds in Book 18110, Page 141, of which mortgage Wells Fargo Bank, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust,Series 2004-OP1 Asset Backed Pass-Through Certificates is the present holder by assignment, for breach of condi- tions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 170 Palomino Drive, Barnstable, Massachusetts will be sold at a Public Auction at 4:00 P.M. on October 20, 2006, at the mortgaged premises, more particularly described below, all and singularthe premises described in said mortgage, to wit: The land, with the buildings thereon, situated in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: LOT 91 as shown on plan entitled "Bacon Farm Estates, Section 2, by Eldredge Surveying Co. dated October 3, 1973" which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 280, Page 55. The above-described premises are conveyed together with a right of way for all purposes for which streets are commonly used in the Town of Barnstable or hereafter be used which ways and streets are shown on a plan entitled Bacon Farm Estates dated June 27, 1972 by Charles N. Savery, Inc. recorded in said Deeds in Plan Book 260 page 42. Also described as follows: the land with buildings thereon in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: LOT#91,as shownona planentitled "Bacon Farm Estates,Section 2,by Eldredge SurveyingCo., dated October 3,1973", which plan is recorded at the Barnstable County Registry of Deeds in Plan Book 280, Page 55. Reference to said plan may be had for a more particular description of said Lot. The above premises are conveyed together with a right of way for all purposes for which streets are commonly used in the Town of Barnstable or may hereafter be used which ways and streets are shown on a plan entitled "Bacon Farm Estates" dated June 27, 1972 by Charles N. Savery, Inc., recorded in said Deeds Plan Book 260, Page 42. Excepting from the above described premises a certain partial release of ease- ment and right of way to New England Telephone and Telegraph Co. and New Bedford Gas & Edison Light Co., given by Wakefield Savings Bank dated May 9, 1975 recorded in Barnstable County Registry of Deeds on May 16, 1975 as Instrument No. 09247 in Book 2183, Page 147. Also excepting from the above described premises a certain easement to the Inhabitants of the Barnstable Fire District given by Pearl Freeman,Trustee,dated September 29,1975 in orderto lay,maintain,operate and repair and remove water mains, pipes, shutoffs, service boxes and other equipment and connections. For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 2948. Page 262 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 certifiedcheck 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 ACE Securities Corp Home Equity Loan Trust, Series 2004-OP1 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 September 29 . October 6 and October 13 , 2006 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM NOTICE OF LICENSE APPLICATION PURSUANT TO M.G.L. CHAPTER 91 WATERWAYS LICENSE APPLICATION NUMBER W06-1712 CROSBY YACHT YARD NOTIFICATION DATE October 16 2006 Public notice is hereby given of the waterways application by Crosby Yacht Yard, Inc to construct and maintain a timber pier, ramp, and float and establish a reconfigura- tion zone and to dredge at 41 Cockachoiset Lane and 330 West Bay Road, in the municipality of Barnstable (Osterville), in and over flowed tidelands of North Bay The proposed project has been determined to be water-dependent The Department will consider all written comments on this Waterways application re- ceived within 30 days subsequent to the 'Notification Date" Failure of any aggrieved person or group of ten citizens or more to submit wntten comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9 13(4)© Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (508) 946-2730 Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only at the address below Written comments must be addressed to David E Hill. Environmental Engineer. DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville. MA 02347 The Barnstable Patriot October 6. 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 Denise F Pita and Paul F. Pita to Option One Mortgage Corporation, dated October 17, 2005 and registered with the Barnstable County Registry District of the Land Court as Document No. 1016603 as noted on Certificate of Title No. 174888, of which mortgage Option One Mortgage Corporation 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 October24, 2006, on the mortgaged premises located at 76 Nelson Lane, Marstons Mills, Barnstable County, Massachusetts, all and singular the premises described in said mortgage , TO WIT: The land together with the buildings thereon shown as LOT 22 on Plan No. 12034-D (Sheet 6). For title reference, see Certificate of Title registered as Document No. 984,465 with Certificate of Title No. 174,888. For mortgagors' title see deed registered with Barnstable County Registry District of the Land Court as Document No. 984465, as noted on Certificate of Title No. 174888. 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 encumbra nces of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements , liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Ten Thousand ($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 P.O. 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 teceipt 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. OPTION ONE MORTGAGE CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Zamzam Syed, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot September 29. October 6 and October 13. 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Michael P. McGuinness and Cynthia A. McGuinness to Mortgage Electronic Registration Systems, Inc., dated August 11, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18936, Page 320, of which mortgage Countrywide Home Loans, 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 3:00 p.m. on October 16, 2006, on the mortgaged premises located at 96 Braley Jenkins Road, Centerville (Barnstable), Barnstable County, Massachusetts, all and singularthe premises described in said mortgage, TO WIT: The land, together with the buildings and improvements thereon, situated in the Town of Barnstable (Centerville), County of Barnstable and Commonwealth of Massachu- setts, being shown as LOT 148 on plan of land entitled "Subdivision Plan of Land in Centerville, Barnstable, Mass. for Alan E. Small, Inc., Scale 1 in. = 50 ft. Date Sept. 3, 1974 Charles N. Savery, Inc., Registered Engineer-Surveyors, Hyannis, Mass.," which said plan is recorded in the Barnstable County Registry of Deeds in Plan Book 306, Page 17 through 24 inclusive. Beingthe same premises conveyedto the herein named mortgagor (s) bydeed recorded with Barnstable County Registry of Deeds in book 6393, Page 087. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 6393, Page 87. 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 Five Thousand ($5,000.00) 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 P.O. 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. COUNTRYWIDE HOME LOANS, INC. Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Margaret M Wright, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot September 22 , September 29 and October 6, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Luiz A. Silva to Option One Mortgage Corporation, dated January 19, 2006 and recorded with Barnstable County Registry District of the Land Court as Document No. 1024403 and Noted on Certificate No. 179089 of which mortgage HSBC Bank USA, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates 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 27 Compass Circle, Hyannis, Massachusetts will be sold at a Public Auction at 2:30 P.M. on October 16, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: The land together with the buildings thereon, situated in the town of Barnstable (Hyannis), Barnstable County, Massachusetts is shown as LOT 24 on Land Court Plan 17201-J filed with the Barnstable Registry District of the Land Court. Certificate of Title No. 179,089 Said LOT subject to the following: Easement to New England Telephone & Telegraph Co., et al, recorded as Document No. 1 1,906 Road Taking recorded in Book 1398 Page 346. Also described as follows: The land together with the buildings and improvements thereon situated in, Barnstable (Hyannis), Barnstable County, Commonwealth of Massachusetts, shown as: LOT 24 Land Court Plan 17201-J Said land is subject to and has the benefit of any rights, restrictions, reserva- tions, easements, takings and any other encumbrances 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. 1024402 and Noted on Certificate No. 179089. 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 of the Sale: Cash,cashier'sor certified check in thesum 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. HSBC Bank USA, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 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 September 22, September 29 and October 6, 2006 PUBLIC NOTICE Pursuant to 33 U.SC 1341 and M.G.L. c.21§§ 26-53, notice is given of a 401 Water Quality Certification application for the Maraspin Creek Entrance Channel Mainte- nance Dredging Project by the Town of Barnstable, Department of Public Works , 367 Main Street, Hyannis MA to conduct maintenance dredging in the Maraspin Creek Entrance Channel off Millway Road in Barnstable, MA with re-use of the material for dune restoration at Sandy Neck, beach nourishment at Millway Beach, and use of the Blish Point Sediment Containment Area. Additional information may be obtained from Vine Associates, Inc., P.O. Box 555, Monument Beach, MA 02553, (508) 743-0390. Written comments should be sent to DEP-DWW, 1 Winter Street, Boston, MA 02108 within 21 days of this notice Any group of ten persons, any aggrieved person, or any governmental body or private organization with a mandate to protect the environment who submits written comments may appeal the Department's Certification. Failure to submit written comments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing. The Barnstable Patriot October 6, 2006