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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
October 13, 2006     Barnstable Patriot
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October 13, 2006
 
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Powerof Salecontained in a certain 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 pm 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, 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 PO. Box 610389, Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication. Other terms, if any, to be announced at the sale 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 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,datedJanu- 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-OP1Asset 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 singular the 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 Surveying Co., 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 order to 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 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 Billenca 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. 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 Billenca Road Suite 210 Chelmsford MA 01824-4100 (978)256-1500 The Barnstable Patriot September 29. October 6 and October 13 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE NOVEMBER 1, 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 7:00 PM Appeal 2006-093 Coyne John F and Diana M Coyne have applied for a Special Permit pursuant to Section 240 91,H(2) The applicants seek to demolish the existing single-family dwelling located on a lot that is less than 10 000 sq ft lot and rebuild a new larger single-family dwelling The property is addressed as 90 Second Avenue Hyannisport MA and is shown on Assessor s Map 267 as parcel 004 It is in a Residence B Zoning District 7:15 PM Appeal 2006-094 Sroczenski Rod T and Colleen M Sroczenski have applied for a Special Permit pursuant to Sec- tion 240-91 H(2). The applicants seek to demolish the existing single-family dwelling located on the lot and rebuild a new larger single-family dwelling not in conformance with the current setbacks requirements The property is addressed as 14 Johnson Lane, Centerville. MA and is shown on Assessors Map 193 as parcel 077. It is in a Residence D-1 Zoning Distnct These Public Hearings willbe held at the Barnstable Town Hall 367 Main Street. Hyannis. MA. Heanng Room. 2 " Floor, Wednesday. November 1 2006 Plans and applications may be reviewed at the Zoning Board of Appeals Office Growth Management Depart- ment. Town Offices 200 Main Street Hyannis MA Gail C Nightingale. Chairman Zoning Board of Appeals The Barnstable Patriot October 13 and October 20 2006 « I 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,alland 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 titie 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 recordwhich 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 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE PREMISES:104 TANBARK ROAD MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS Byvirtue andinexecution ofthe Powerof Salecontained ina certain mortgage given by Daniel E. Barnicoat and Lisa M. Moen to Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan dated June 13, 2005 and recorded with Barnstable County Registry District of the Land Court as Document No. 1014332and notedonCertificate ofTitleNo. 178067,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 on the 27"' day of October, 2006, AD. at 10:00 A.M. at or upon the mortgaged premises, 104 TANBARK ROAD, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS, as described below, being all and singularthe premises described in said mortgage, To wit: Street Address: 104 Tanbark Road Marstons Mills, Massachusetts 02648 A certain parcel of land, together with the buildings thereon situated at 104 Tanbark Road, Barnstable (Marstons Mills), Barnstable County, Massachusetts 02648, more particularly described as follows: Shown as Lot 140 as shown on Plan entitled "Marstons Mills Woodlands Barnstable, MAfor Greenbriar Corporation dated February 18, 1988, Scale 1" = 50' Drawn by Levy, Eldredge and Warner Associates, Inc." As shown on Land Court Plan 29500-D and filed with the Barnstable Registry District. Parcel Number: 100-023-002 Being the same property conveyed to Daniel E. Barnicoat (a/k/a Daniel Barnicoat) an unmarried man, and Lisa M. Moenan unmarried woman, by deed dated September 17, 2004, of record as Document 980600, in the Barnstable County Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed subject to all outstanding municipal or other public taxes, tax titles, assessments, liens or claims in the nature of liens, rights of tenants and parties in possession, and existing encumbrances of record, if any, which take precedence over the said mortgage above described. FIVE THOUSAND DOLLARS and NO/100 ($15,000.00), must be paid by certified, bank, treasurer's or cashiers check at the time and place of sale by the purchaser as a deposit The balance of the purchase is to be paid in cash, or by certified check, bank cashier 's check or bank treasurer 's check within 30 days thereafter at the Law Offices of Shapiro & Kreisman, Chiswick Park, 490 Boston Post Road, Sudbury, MA 01776 (987) 443-8800. 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. LaSalle Bank National Association, as Trustee for The registered holders of GSAMP Trust 2005-HE6, Mortgage Pass-Through Certificates, Series 2005-HE6, PRESENT HOLDER OF SAID MORTGAGE 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 Richard Murphy to Mortgage Electronic Registration Systems, Inc., dated January 10, 2005 and registered with the Barnstable County Registry District of the Land Court as Document No. 991132 as noted on Certificate of Title No. 163330, of which mortgage GMAC 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 1 00 pm on November 9, 2006, on the mortgaged premises located at 6 & 8 Hiramar Road. Hyannis, Barnstable County, Massachusetts, all and singularthe premises described in said mortgage , TO WIT: The land in Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Being Lot 71 as shown on subdivision p 17786-E dated May 21, 1954, drawn by Bearse & Kellogg. Civil Engineers , and filed in the Land Registration Office at Boylston. a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 124, Page 57 with Certificate of Title no 16997. Certificate No. 157556. Subject to the Statement of Registrations registered as Document Number 397534. For mortgagor s title see deed registered with Barnstable County Registry District of the Land Court as Document No 849383, as noted on Certificate of Title No. 163330 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 hens, 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 Massachusett s 02458. or by mail to PO Box 610389, Newton High- lands . Massachusetts 02461-0389 . within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication Other terms , if any to be announced at the sale. GMAC MORTGAGE CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Anne DiGiampaolo, Esq 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot October 13 October 20 and October 27, 2006 Bpiiiiiin Tniii, rnni"iYj U 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 October 24, 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 TitleNo. 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 inthe 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 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 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. 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 TOWN OF BARNSTABLE The Board of Health of the Town of Barnstable Massachusetts in accordance with,and under the authority granted by MGLc. 111 Sections 31 and 155, hereby announces that there will be a public hearingto review and discuss proposed revisions to the regulation currently listed as Chapter 376 STABLES. The public hearing will be held on Tuesday November 14, 2006 at 3:00 p.m. at the Barnstable Town Hall, second floor Hearing Room, 367 Main Street, Hyannis. The hearing will be held to provide citizens the opportunity to be heard. The following section is proposed to be added to Chapter 376, STABLES: "Section 376-3 Agricultural License. For purposes of these regulations, "agriculture" includes the raising or keeping of horses, whether as a commercial enterprise or incident to "farming" as defined in G.L Chapter 111, Section 1, in a manner consistent with normal, generally accepted farm- ing practices and not injurious to the public health. If a person (the "Owner") provides satisfactory evidence to the Board that the Owner is engaged in agriculture, then the Owner-: (1) will enjoy a rebuttable presumption that the Owner is so engaged in a manner that is not injurious to the public health; (2) will be conditionally exempt from having to demonstrate compliance with sections 376-5 through 376-16 of the Board of Health regulations; and (3) will be issued a stable license. Notwithstandingthe foregoing, ifthe Board is presentedwith sufficient evidencethatthe Owner has failed to act in a manner consistent with normal,generally accepted farming practices and finds that such failure-may possibly be injurious to the public health, then the presumption set forth in (1) and (2) above and the conditional exemption set forth in (3) above will be suspended, whereupon the Board will forthwith convene a hearing. If, after hearing, the Boardfinds that the Owner is engaged in practices that are injurious to the public health, then the conditional presumptions,in (1) above shall be deemed rebutted, the conditional exemption in (2) above will be lost, and the practices shall cease until the Owner is in full compliance. The Board or its agents and employees may from time to time request and receive information and material from the Commonwealth of Massachusetts Department of Agriculture describing normal, generally accepted framing practices for handling equine waste. The Barnstable Patriot October 13 and October 20, 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 Leonardo Francescon to Mortgage Electronic Registration Systems, Inc., dated February 24, 2006 and recorded with the Barnstable County Registry of Deeds at Book 20771, Page 190, of which mortgage Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-HE4 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 2:00 p.m. on November 9, 2006, on the mortgaged premises locatedat45 Thistle Drive,Centerville (Barnstable), Barnstable County,Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land together with the buildings thereon, situated on the southwesterly side of Thistle Drive, Centerville, Barnstable County, Massachusetts, bounded and described as follows: SOUTHWESTERLY by land of Maurice J. Hinckley et als, 100 feet; NORTHWESTERLY by Lot 78, 150 feet; NORTHEASTERLY by Thistle Drive, 100 feet; and SOUTHEASTERLY by Lot 76, 150 feet Being Lot 77 on a plan entitled "Subdivision Plan of Lumbert Mills in Centerville, Barnstable Massachusetts for Peter G. Sheaffer et al, Scale 1" = 100' , May 28, 1971, Barnstable Survey Consultants, Inc., 608 Main Street, West Yarmouth, Mass.", duly recorded with the Barnstable County Registry of Deeds in Plan Book 247, Page 84. Together with the right to use the streets and ways shown on said plan in common with all others now or hereafter legally entitled thereto, for all purposes for which streets and ways are commonly used in the Town of Barnstable. The above-described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record and especially as set forth in a Deed from Robert R. Neilson, Jr. et ux, to me, duly recorded with the Barnstable County Registry of Deeds in Book 1886, Page 75, to which reference may be had for title. For title reference see Deed recorded herewith. For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 20771, Page 187. 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 PO Box 610389, Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication. Other terms, if any, to be announced at the sale DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC. Matthew G Howells, Esquire 150 California Street Newton, MA 02458 (617)558-0500 The Barnstable Patriot October 13, October 20 and October 27, 2006 Know the Market. Know the Town. Oniy in &\ )t JBarntftatjle $atriot 4 Ocean Street . Hyannis, MA 02601 • 508/771-1427 • Fax 508/790-.W7 E-mail mfo'a barnstablepatnot com • www barnstablepatnot com r