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Barnstable Patriot
Barnstable, Massachusetts
October 20, 2006     Barnstable Patriot
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October 20, 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 mortgage given by Daniel P.McCauley and Bernadette H. McCauley to Option One Mortgage Corpora- tion, dated April 6, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19699, Page 6, of which mortgage Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2005-OPT1, Asset-Backed Certificates, Series 2005-OPT1 is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at PublicAuction at 02:00 PM on November 3,2006, on the mortgaged premises located at 106 Oldham Road, Osterville, MA 02655, all and singular the premises described in said mortgage, TO WIT: The land together with the building(s) thereon in Barnstable (Osterville), Barnstable County, Massachusetts, described as follows: Being Lot 39 on a plan of land entitled, "Definitive Subdivision Plan 'Osterville Woods Sect. II', Barnstable (Osterville), Mass., Property of the Lanza Corporation" datedApril 12, 1972 and recorded with Barnstable County Registry of Deeds in Plan Book 262, Page 85,to which plan reference is made for a more particular metes and bounds description. Togetherwith a right of way over the ways shown on said plan and over theways shown on plans recorded in Plan Book 247, Page 137 and Plan Book 262, Page 58, for all purposes for which public ways are used in the Town of Barnstable. Said lot is subject to an easement to New England Telephone and Telegraph Company et al dated February 5, 1974 and recorded with Barnstable County Registry of Deeds at Book 2001, Page 14, and to Cape & Vineyard ElectricTransmission Easement as shown on plan recorded withthe Barnstable County Registry of Deeds in Plan Book 78, Page 109. The above described premises are subject to and with the benefit of all easements, agreements, covenants, rights, rights of way, takings, and restrictions of record, if any there be, insofar as the same are now in force and applicable, specifically including all covenants contained in deed dated December 12, 1994 and recorded with said Barnstable Deeds in Book 9482, Page 1. For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 9482, Page 1. These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, right of ways, covenants, liens or claims in the nature of liens, improvements, public assessments ,any and all unpaid taxes,tax titles, tax liens,water andsewer liensandanyother municipal assessments or liens or existing encumbrances of record which are inforce and are applicable, having priority over said mortgage,whetherornotreferencetosuchrestrictions,easements,improvements,liens, or encumbrances is made inthe deed.TERMS OF SALE:Adeposit ofTENTHOUSAND ($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 atABLITT& CHARLTON,P.C., 92 MontvaleAvenue , Suite 2950,Stoneham, MA 02180,other terms and conditions will be provided at the place of sale. 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 BEANNOUNCED AT THE SALE. Present holder of said mortgage, By itsAttorneys, Deirdre Cavanaugh, Esq.,ABLITT & CHARLTON, P.C.,92 MontvaleAvenue, Suite2950 , Stoneham, MA02180, (781)246- 8995, Dated: 10/03/2006 (96.0060/McCauley)(10/13/06. 10/20/06, 10/27/06)(72106) Attest: Deborah J. Patterson Recorder (61.0751/McNamara)(10/13/06)(72026) The Barnstable Patriot October 13, October 20 and October 27, 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 Heidi Harnois a/k/a Heidi M. Harnois to Wells Fargo Home Mortgage, Inc., dated November 21, 2003 and registered with the Barnstable County Registry District of the Land Court as Document No. 950660 as noted on Certificate of Title No. 115503, of which mortgage Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, 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 12:00 p.m. on November 7, 2006, on the mortgaged premises located at 44 Cinderella Terrace, Marstons Mills(Barnstable)Barnstable County, Massachusetts,allandsingular the premises described in said mortgage, TO WIT: THE LANDWITH THE BUILDINGS THEREON SITUATED IN BARNSTABLE INTHE COUNTY OF BARNSTABLE AND THE COMMONWEALTH OF MASSACHUSETTS, BOUNDED AND DESCRIBED AS FOLLOWS: NORTHWESTERLY BY CINDERELLA TERRACE, ONE HUNDRED THIRTY-TWO AND 58/100 (132.58) FEET; SOUTHEASTERLY BY LOT 29, ONE HUNDRED FORTY-SIX AND 14/100 (146.14) FEET; SOUTHEASTERLY BY A PORTION OF LAND NOW OR FORMERLY OF ESTELLE P. CAMERON ETAL , ONE HUNDRED THRITY-TWO (132) FEET;AND SOUTHWESTERLY BY LOT 27, ONE HUNDRED FIFTY-THREE AND 36/100 (153 36) FEET ALLOF SAID BOUNDARIES ARE DETERMINED BY THE COURT TO BE LOCATED AS SHOWN ON SUBDIVISION PLAN 361301-C (SHEET 1) DATED DECEMBER 4, 1972, DRAWN BY CHARLES N.SAVERY, INC., SURVEYORS,AND FILED IN THE LAND REGISTRATION OFFICE AT BOSTON, A COPY OF WHICH IS FILED IN BARNSTABLE COUNTY REGISTRY OF DEEDS INLANDREGISTRATION BOOK 468 PAGE 65 WITH CERTIFICATED OF TITLE NO. 58305 AND SAID LAND IS SHOWN THEREON AS LOT 28. SAID LAND IS SUBJECT TO THE RIGHTS GRANTED IN AN EASEMENT GIVEN TO THE NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY ETAL, DATED MAY 29, 1973 BEING DOCUMENT NO. 174,872. For mortgagor's title see deed registered with Barnstable County Registry District of the Land Court as Document No. 468631, as noted on Certificate of Title No. 115503. These premises will be sold and conveyed subject to andwith 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 inforce 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. WELLS FARGO BANK, N. A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 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 October 13, October 20 and October 27, 2006 PUBLIC NOTICE TOWN OF BARNSTABLE LICENSING AUTHORITY Lawrence-Lynch Corp will commence construction on Old Stage Road, Main NOTICE OF HEARING Street,Craigville Beach Road andChurch TRANSFER OF ANNUAL Hill Road starting on or about October WINE & MALT COMMON 30, 2006. The fall 2006 work includes VICTUALLER LICENSE drainage installation,fulldepth roadrepairs and sidewalk reconstruction. The spring The Barnstable Licensing Authority will 2007 work includes milling, paving and hold a public hearing in accordance with landscaping. Work is scheduled to be Chapter 138 of the General Laws, as completed by Memorial Day 2007. amended, on the applicationof West Main Restaurant Corporation, d/b/a Copper The Barnstable Patriot Kettle, 644 West Main Street, Hyannis, October 20, 2006 Charles Rando, Manager for Transfer of ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ itsAnnual Wine & Malt Common Victualler H E K j r ^ ^f f l f f l B S License to The Daily Paper Inc . d/b/a The mma aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaWm Daily Paper Aaron Webb Manager NOTICE IS HEREBY GIVEN ON Said hearing will be held on Monday. THE APPLICATION OF October 30. 2006. at 9 30a m or as soon 4 following as practical in the Town Hall Julie Mockabee of 150 Rosary Lane, Unit Building, 2nd Floor Hearing Room, 367 B, (business address) and 248 Camp Main Street. Myannis. Street,UnitH6,WestYarmouth, MA 02673 (home address). Martin E Hoxie, Chairperson TO BEA PUBLIC WAREHOUSE Gene Burman WITHIN AND FOR THE Paul Sullivan Barnstable County of Hyannis Richard Boy FOR THE PURPOSE OF Barnstable Licensing Authority CONDUCTING A GENERAL WAREHOUSE The Barnstable Patriot BUSINESS AS October 20. 2006 PROVIDED IN CHAPTER 105 OF THE mmmummutmmm MASSACHUSETTS GENERAL LAWS M E~ . . . ~1 M ihtckout our Web sift The Barnstable Patriot m hamefahlonalrfi*JLfl October 20 and October 27, 2006 J^WaillSldPiepaMW"ja^J| NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 800 Bearses Way, Unit #1NE, Cape Crossroads Condominiun Barnstable (Hyannis). Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by Joanne C McPhee to Jomax. LTD . said mortgage dated June 2, 2006, and registered with the Barnstable County Registry District of the Land Court as Document No. 1035890 as noted on Certificate of Title No C33-1NE, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction on November 3, 2006, at 10:00 am Local Time upon the premises, directly infront of the building in which the unit is located, all and singular the premises described in said mortgage, to wit: A certain condominium unit situated in Barnstable (Hyannis), Barnstable County, Massachusetts, more particularly described as follows: Unit No. 1NE of Cape Crossroads Condominium created by Master Deed dated March 3, 1976recordedwiththe BarnstableCounty Registry oftheLand Court as Document No 204,841 noted on Certificate of Title C33-1NE. The condominium is shown on land Court Plan 30582-E-1 The Post OfficeAddress of the Condominium is 800 Bearses Way, Hyannis MA 02601. The unit conveyed is laid out as shown on floor plans recorded with said Master Deed. It is subject to and with the benefit of the obligations, restric- tions,rightsand liabilitiescontainedin Massachusetts GeneralLaws,Chapter 183A, the Master Deed and By-Laws on record. The unit is conveyed together with an undivided fractional interest in the common areas as set forth in said Master Deed The unit is conveyed subject to and with the benefit of all rights, rights of way. easements , appurtenances, reservations and restrictions of record For title, see deed dated 6/8/06 and recorded as CTF # C33-1NE, docu- ment no. 1035850. The description of the property contained in the mortgage shall control in the event of an error in this publication. For Mortgagor's Title see deed dated June 8, 2006, and recorded in the Barnstable County Registry District of the Land Court as Document No 1035850 and noted on Certificate of Title No. C33-1NE. Said Unit will be conveyed together with an undivided percentage interest in the Common Elements of said Condominium appurtenant to said Unit and together with all rights, easements, covenants and agreements as contained and referred to in the Declaration of Condominium, as amended. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. Subject to a prior mortgage of record dated March 25, 2002 and recorded with the Barnstable County Registry District of the Land Court as Document No. 865786 and noted on Certificate of Title No. C33-1NE. Subject to a prior mortgage dated March 25, 2002 and recorded with the Barnstable County Registry District of the Land Court as Document No. 865787 and noted on Certificate of Title No. C33-1NE. FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid in cash, certified check , bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. Other terms to be announced at the sale. Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, Rl 02860 Attorney for Jomax , Ltd Present Holder of the Mortgage (401)272-1400 The Barnstable Patriot October 13, October 20 and October 27, 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 p.m. on November 9, 2006, on the mortgaged premises located at 6 & 8 Hiramar Road, Hyannis, Barnstable County, Massachusetts , all and singular the 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 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: Adeposit 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. 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 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 Joyce Husband and William T Husband to Option One Mortgage Corporation dated May 23, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19854, Page 165. of which mortgage Wells Fargo Bank, N.A as Trustee for Option One Mortgage Loan Trust 2005-3 Asset-Backed Certificates . Series 2005-3 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 03:00 PM on November 10 2006, on the mortgaged premises located at 52 Telegraph Road a/k/a Map 90 Parcel 8, as provided by Town of Dennis, Dennisport, MA 02639, all and singular the premises described in said mortgage, TO WIT The land with the buildings thereon situated in Dennis (Port), Barnstable County. Mas- sachusetts, bounded and described as follows: On the West by TelegraphRoad, eighty (80)feet; Onthe North by land of Gertrude M Murray,one hundredseventy-seven (177) feet; On the East by land of parties unknown, eighty (80) feet; On the South by land of Warren Buckley, one hundred seventy-seven (177) feet Being the same premises conveyed to the herein named Mortgagor (s) by deed recorded with Barnstable County Registry of Deeds in Book 16766. Page 84 For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 19843, Page 7 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, right of ways, covenants, hens 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, improve- ments, liens, or encumbrances is made in the deed TERMS OF SALE A deposit of ($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 ABLITT& CHARLTON,P.C., 92MontvaleAvenue Suite 2950, Stoneham.MA 02180, other terms and conditions will be provided at the place of sale The descnption of the premises contained in said mortgage shaN control in the event of an error in this publication OTHER TERMS, IF ANY, TO BE ANNOUNCED AT THE SALE Present holder of said mortgage. By its Attorneys. Brian T LaManna. Esq . ABLITT & CHARLTON,P.C..92 MontvaleAvenue. Suite 2950, Stoneham. MA 02180, (781)246- 8995, Dated 10/10/2006 (96 0064/Husband)(10/20/06. 10/27/06. 11/03/06)(72332) The Barnstable Patriot October 20, October 27 and November 3. 2006 > » TOWN OF BARNSTABLE The Board of Health of the Town of Barnstable Massachusetts in accordance with,and underthe authoritygranted by MGLc. 111Sections31 and 155, hereby announces thai there will be a public hearing to 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 ol 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 Notwithstandingtheforegoing, ifthe Board ispresentedwith sufficient evidencethatthe Owner has failed to act ina manner consistent with normal, generally acceptedfarming 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 Board finds that the Owner is engaged in practicesthat 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 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 dwellinglocated 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 Assessors 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 District . These Public Hearings willbe heldat the Barnstable TownHall 367 Main Street, Hyannis, MA. Hearing 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 NOTICE OF MORTGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Welton Decarvalho to Citizens Mortgage Corporation, dated April 16. 2004 and recorded with the Barnstable County District of the Land Court filed as Document No 963960 as noted on Certificate of Title No. C33-5SA of which mortgage Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust.ABFC Asset-Backed Certificates, Series 2004-OPT5 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 400 PM on November 10, 2006, on the mortgaged premises located at 800 Bearses Way, Unit 5-SA of the Cape Crossroads Condominium. Hyannis, MA 02601, all and singular the premises described in said mortgage. TO WIT: That certain condominium unit located at Cape Crossroads Condominium in Barnstable (Hyannis) Barnstable County, Massachusetts, created by Master Deed dated January 28, 1976 filed with the Land Registration Office for Barnstable County as Document No. 2104841. as amended of record, being Unit 5SA. in Building No 5 situated on lyanough Road, (Route 132) and Bearses Way. together with an undivided 630% per cent interest appertaining to said Unit in the common areas and facilities of said Condominium, as provided for in said Master Deeds and amendments of record thereto. Plan 30582-E3 Meaning and intending the premises conveyed to said Mortgagor by deed dated April 2004 and recorded herewith. C33-5SA For mortgagor's(s') title see deed recorded with Barnstable County District of the Land Court filed as Document No 963960 as noted on Certificate of Title No. C33-5SA These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, right of ways, covenants, liens or claims in the nature of liens, improvements, public assessments, any and allunpaidtaxes , taxtittes, 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,whetheror not refere nceto such restrictions, easements, improvements, liens, or encumbrances is made inthe deed TERMS OF SALE Adeposit 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 ABLITT& CHARLTON,PC. 92 MontvaleAvenue. Suite 2950. Stoneham, MA 02180. other terms and conditions will be provided at the place of sale The description of the premises contained in said mortgage shall contro l in the event of an error in this publication OTHER TERMS. IF ANY. TO BE ANNOUNCED AT THE SALE Present holder of said mortgage . By itsAttorneys. Robert F.Charlton.Jr . Esq.. ABLITT & CHARLTON,PC. 92 MontvaleAvenue. Suite2950.Stoneham .MA02180. (781) 246- 8995. Dated 10/11/2006 (96 0034/Decarvalho)(10/20/06 . 10/27/06. 11/03/06)(72350) The Barnstable Patriot October 20. October 27 and November 3. 2006 COMMONWEALTH OF COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS LAND COURT LAND COURT DEPARTMENT OF TRIAL COURT DEPARTMENT OF TRIAL COURT Case No 329070 Case No 328621 To: Carlos S Vasconcellos. Ehana V To Timothy E. McGee and to all persons Scarpa and to all persons entitled to the entitled to the benefit of the Servicemem- benefrtoftheServicemembersCivilRelief bers Civil Relief Act Wells Fargo Bank. Act Countrywide Home Loans. Inc claim- N.A successor by merger to Wells Fargo ingto bethe holder ofa Mortgage covering Home Mortgage Inc claiming to be the real property in Centerville (Barnstable). holderofaMortgagecovenngrealproperty numbered 596 Old Strawberry Hill Road mCenterville(Barnstable), numbered1758 given by Carlos S Vasconcellos and Falmouth RoadgivenbyTimothyE McGee Eliana V. Scarpa to Mortgage Electronic toWells Fargo Home Mortgage. Inc..dated Registration Systems. Inc dated October August 20. 2003, and recorded with the 5.2005.andregisteredwiththeBarnstable Barnstable County Registry of Deeds at County Registry District of the Land Court Book 17552. Page 208 has filedwith said as Document No 1015197 and noted on court a complaint for authorityto foreclose Certificate of Title No 178166 and now said mortgage in the manner following: heldbythe plaintiff by assignment hasfiled by entry and possession and exercise of with said court a complaint for authonty power of sale, to foreclose said mortgage in the manner If you are entitled to the ben- followmg by entry and possession and efits of the Servicemembers Civil Relief exercise of power of sale Act as amended and you object to such If you are entitled to the ben- foreclosureyouoryourattorneyshouldfile efits of the Servicemembers Civil Relief a written appearance and answer in said Act as amended and you object to such court at Boston on or before the 13'" day foreclosure you or your attorney shouldfile of November 2006. or you may be forever a written appearance and answer in said barred from claimingthat suchforeclosure court at Boston on or before the 20' day is invalid under said act. of November 2006 or you may be forever Witness.KARYNF.SCHEIER, barredfrom claiming that such foreclosure Chief Justice of said Court this 26" day of is invalid under said act September 2006 Witness KARYN F.SCHEIER Chief Justice of said Court this 4" day of Attest: October 2006 Deborah J Patterson Recorder Attest: Deborah J Patterson The Barnstable Patriot Recorder October 20, 2006 The Barnstable Patriot HHT~ • "I 3 H H October 20. 2006 j£ E-mail your ,J ~^~^ ^ ^~ ~^ ^~ ~ ~ ~ fe. legal ads to fl |B j#@barnsiablepatrti||iJ