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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
December 8, 2006     Barnstable Patriot
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December 8, 2006
 
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Know the Market. Know the Town. only in ftfje JBarntftable patriot Independent & LocallyOwned Since 1X30 4 Ocean Street. Hyannis . MA 02601 • 508T71-1427 • Fax 508790-3997 fc-mail mint™ barnstablepatnnt.com • www bamstablepatnot com i . Images of America presents: IBBUI CENTERVILLE t^«WhL?t hv Britt Stcen Zuni8a ¦ j L^ll IlM Shipping & Handling) 4 Ocean Street, Hyannis. MA. 02601 ^ rictKtoBqw winding riven, salt marshes, and canopied dirt roads. Call 508.771.1427 or vw/f /Tie web site www.barnstablepatriot.com Mm We wish | | | t f Hanukkah,^ a Merry Igf Christmas,S #4 Happy & v jj tNew Yearly, ™Y f rom all of us at M&Jn jSJSarngtable IP » patriot @ NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Power of Sale contained ina certain mortgage given by Manuel Joseph Brito Jr. to Mortgage Electronic Registration Systems, Inc as nominee for Aegis Lending Corporation dated 7/29/2004, registered with Barnstable County Registry District ofthe Land Court as noted on Certificate of Title No 106784, Document No 975997 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 3:00 PM on January 2, 2007, on the mortgaged premises. The entire mortgaged premises, all and singular, the premises as described in said mortgage: That certain parcel of land situated in Hyannis. in the County of Barnstable and Commonwealth of Massachusetts,bounded and described as follows: Southerly by Princess Pine Road, eighty-two and 56/100 (82 56) feet: Southwesterly by the junction of said Road and Fawcett Lane, eighty-seven and 44/100 (87.44)feet: Westerly by said Lane,forty-one and 79/100 (41.79) feet:Northerly by Lot 88, one hundred thirty-five and 25/100 (135.25) feet: and Easterly by Lot 90, one hundred and 59/100 (100 59) feet. All of said boundaries are determined by the court to be located as shown on subdivision plan 22825-P (Sheet 2) dated March 20, 1964 drawn by Nelson Bearse-Richard Law, Surveyors, and filed in Barnstable County Registry of Deeds in Land Registration Book 125, Page 104 with Certificate of Title No 17164 and said land is shown thereon as Lot 89. Subject to and with the benefit of easements, reservation, restrictions , and taking of record, if any, insofar as the same are now in force and applicable In the event of any typographical error set forth herein inthe legal description ofthe premises, the description as set forth and contained in the mortgage shall control by reference This property has the address of 30 Princess Pine Road, Hyannis, MA 02601. Togetherwithall the improvements now or hereafter erected on the property and all easements , rights, appurtenances, rents , royalties, mineral, oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part ofthe property All replacements and additions shall also be covered by this sale Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are , and FIVE THOUSAND DOLLARS ($5,000.00) in cashier 's or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier's or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC , 100 Cummings Center, Suite 213C, Beverly. Massachusetts, time being of the essence. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date. The premises is to be sold subject to and with the benefit of all easements, restrictions, leases, tenancies, and rights of possession, building and zoning laws, encumbrances, condominium liens, if any and all other claim in the nature of liens, if any there be. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sellthe property by foreclosure deed to the second high- est bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, DOONAN, GRAVES, & LONGORIA LLC , 100 Cummings Center, Suite 213C, Beverly, Massachusetts, 01915, the amount ofthe required deposit as set forth herein within three (3) business days after written notice of the default of the previous highest bidder and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice. If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The foreclosure deed and the consideration paid by the successful bidder shall be held in escrow by DOONAN, GRAVES, & LONGORIAL.L.C , (hereinafter called the "Escrow Agent") until the deed shall be released from escrow to the successful bid- der at the same time as the consideration is released to the Mortgagee, thirty (30) days after the date of sale , whereupon all obligations ofthe Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged Other terms to be announced at the sale. Dated: November 22, 2006, Mortgage Electronic Registration Systems, Inc., By: John A. Doonan. Esq., DOONAN, GRAVES, & LONGORIA LLC , 100 Cummings Center. Suite 213C, Beverly, MA 01915, (978) 921-2670, www.dgandl.com (1410.03/Brito Jr.)(12/08/06, 12/15/06. 12/22/06)(73706) The Barnstable Patriot December 8, December 15, and December 22, 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 A Donaldson and Jessica T. Donaldson to Option One Mortgage Corporation, dated December 17, 2004 and recorded with Barnstable County Registry of Deeds in Book 19373, Page 2 of which mortgage Wells Fargo Bank, N.A. as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1 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 1539 Hyannis Road, Barnstable, Massachusetts will be sold at a Public Auction at 1:00 RM. on January 3, 2007, at the mortgaged premises , more particularly described below, all and singular the premises described in said mortgage, to wit: Post office address of the Unit 1539 Hvannis Road Barnstable MA 02630 The Unit is conveyed together with: 1. An undivided 50% interest appertaining to the Unit in the common areas and facilities of said Condominium as set forth in the Master Deed: 2. The exclusive right and easement to us parking spaces as set forth in the Unit Deed to Mortgagor. Subject to and with the benefit of. as the case may be, those rights, conditions, cov- enants restrictions, agreements , easements (exclusive or otherwise), terms limitations, reservations, lien rights and other provisions and term set forth in the Master Deed. Declaration of Trust of Hyannis Road Condominium Trust of said Condominium, recorded in Book 17322, Page 16, and the Unit Deed recorded in Book 17322, Page 22 to which Unit Deed reference may be made of Mortgagor's title. Also described as follows: The Unit is conveyed togetherwith: 1. An undivided interest of 50% in the common areas and facilities (Common Elements") of the Condominium described in the Master Deed, attributable to the Unit 2. An exclusive right to use and enjoy the area designated "Area of Exclusive Use "A" " as shown on the aforementioned plan. 3. Rights and easements in common with other unit owners as described in the Master Deed Said Unit is conveyed subject to: (1) Exclusive rights in favor of the owner of Unit 1541 for the exclusive use of "area of exclusive use "B" " as designated on the plans (2) The provisions of this Unit Deed, the Master Deed, the Declaration of Trust, the By-Laws as the same may be amended from time to time by instrument recorded in the Barnstable County Registry of Deeds which provisions together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the unit, his family, servants and visitors as though such provisions were recited and stipulated at length herein (3) All easements, agreements, restrictions and conditions of record insofar as the same are now in force and applicable The Unit is intended only for residential purposes, and no other use may be made ofthe Unit. PROPERTYADDRESS 1539 Hyannis Road, Barnstable, Massachusetts For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 17322. Page 22 The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession Terms ofthe Sale Cash, cashiersorcertified check inthesum 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 , 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 . N A as Trustee MASTR Asset Backed Securities Trust 2005-OPT1 present holder of said mortgage, by its attorney Sanjit S Korde Korde & Associates P C 321 Billenca Road. Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot December 8. December 15 and December 22 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 Dolores V.Chaves toArgent Mortgage Company, LLC,datedApril 15, 2005 and recorded with Barnstable County Registry District of the Land Court as Document No 999240 and Noted on Certificate of Title No C33-6NA of which mortgage Wells Fargo Bank, N. A as Trustee for the benefit ofthe CertificateHolders,Park Place Securities,Inc.,Asset-Backed Pass-Through Certificates Series 2005-WCW2 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 Unit 6NA in the Cape Crossroads Condominium, 800 Bearses Way, Unit6NA, Hyannis. Massachusetts will be sold at a Public Auction at 11 00 A M on December 28, 2006, at the mortgaged premises , more particularly described below, all and singular the premises described in said mortgage , to wit: That certain unit in the CAPE CROSSROADS CONDOMINIUM, situated in Barnstable (Hyannis), Barnstable County, Massachusetts, established pursuant to Massachusetts General Laws, Chapter 183A, designed as follows UNIT 6NA, as described in Master Condominium Certificate of Title no. C33 and in the Master Deed, Document No 204 ,841. and indicated on Condominium Plan No 30582-E-2, together with an undivided fractional interest in the common areas as set forth in the Master Condominium Certificate and Master deed and as they may be or have been lawfully amended under the provisions of Chapter 183A. Subject to and with the benefitof all easements as set forth in said Master Condominium Certificates and Master Deed And it is further certified that the land described in said Master Condominium Certifi- cate is under the operation and provisions of Chapter 185 of General Laws, and any amendments thereto, and that the interest to said unit is set forth under Section 3 of said Chapter 183A , subject to, however to any of the encumbrances mentioned in section 46 of said Chapter 185 of the General Laws and any amendments thereto which may be subsisting, and subject also to any unregistered variances from the applicable unit plans , and to the existence at any time of the building containing the unit. For mortgagor's title see deed recorded with the Barnstable County Registry District of the Land Court as Document No. 999239 and Noted on Certificate of Title No C33-6NA The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage , and subject to and with the benefit of all easements , restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms ofthe Sale Cash, cashier 's orcertifiedcheck 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. 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 , N A as Trustee for the benefit ofthe Certificate Holders. Park Place Securities , Inc.. Asset-Backed Pass-Through Certificates Series 2005-WCW2 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 December 1, December 8 and December 15, 2006 2001 Isuzu Rodeo On July 09. 2006, A vehicle was towed Unless the vehicle is paid infull the vehicle will be auctioned off on December 22 2006 At 8 00 AM. The unpaid balance due as of the date above is $3020 00 Capeway Towing The Barnstable Patriot December 8 December 15 and December 22 2006 Know the Market. Know the Town. Only in Eije Pamstable ^Patriot 4 Ocean Street Hvannis, MA 02601 " 508/771-1427 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING CLASS II AUTO DEALER LICENSE New Class I I Automobile Dealer's Li- cense: TheBarnstableLicensingAuthority will hold a hearing on the application of Gilbert Wood, d/b/a Willow Street Motors . Gilbert Wood . Manager, for a New Class II Automobile Dealer 's License, 519 Yarmouth Road, Hyannis, with hours of operation 8 am to 5 pm. Said hearing will be held on Monday, December 18. 2006 at 9:30 a.m. or as soon following as practical inthe Town Hall Building. 2nd Floor Hearing Room , 367 Main Street. Hyannis. MA 02601 Martin E Hoxie. Chairman Gene Burman PauI R Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot December 8. 2006 TOWN OF BARNSTABLE REGULATORY SERVICES LICENSING AUTHORITY NOTICE OF HEARING NEW ANNUAL WINE & MALT COM- MON VICTUALLER LICENSE The Barnstable Licensing Authority will hold a public hearing in accordance with Chapter 138 of the General Laws, as amended on the application of Merrill Sweet Inc d/b/a Sweet Tomatoes Pizza Osterville 770 Main Street . Osterville. Merrill Sweet Manager, for a new Annual Common Victualler Wine & Malt License the hours of operation to be 11 am to 9 pm seven days Said hearing will be held on Monday. December 18. 2006. at 9.30 a m. or as soon following as practical in the Town Hall Building. 2nd Floor Hearing Room 367 Main Street. Hyannis Martin E Hoxie Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot December 8 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. 06 MISC 331556 To: Patrick L. Cassidy and to all persons entitled to the benefit of the Servicemem- bers Civil Relief Act . Mortgage Electronic Registration Systems. Inc. claiming to be the holder of a Mortgage covering real property in West Hyannisport (Hyannis), numbered 38 Old Town Road given by Patrick L Cassidy to Mortgage Electronic Registration Systems. Inc . dated March 1, 2004 and recorded in the Barnstable County Registry of Deeds at Book 18272, Page 200 has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale If you are entitled to the benefits ofthe Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 1s' day of January 2007 or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness , KARYN F SCHEIER , Chief Justice of said Court this 16" day of November 2006. Deborah J Patterson Recorder The Barnstable Patriot December 8. 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 Boudreau and Georgia Boudreau to Option One Mortgage Corporation, dated April 12, 2004 and recorded with Barnstable County Registry of Deeds in Book 18467,Page 138 of which mortgage LaSalle Bank National Association, as Trustee for Securitized Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2004-8 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 12South Precinct Road, Centerville, Massachusetts will be sold at a Public Auction at 12:00 P.M. on January 3, 2007, 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, commonly known as 12 South Precinct Road situated in the Town of Barnstable (Centerville), in the County of Barnstable and Commonwealth of Massachusetts,beingLOT20as shownon planentitled: "Subdivision Plan of Land in Barnstable, Massachusetts (Barnstable County) Owned by: Peter G. Sheaffer, December 3, 1972, Scale 1" = 40', Cape Cod Survey Consultants,A Division of Boston Survey Consultants, lyanough Road (Route 132), Hyannis, Massachusetts," which said plan is duly filed in Barnstable County Registry of Deeds on Plan Book 281, Page 73 and Page 74. The above-described lot is conveyed subject to and with the benefit of easements of record, and restrictions, conditions and rights as set forth in an instrument duly filed with Barnstable County Registry of Deeds on June 2, 1975, Book 2190, Page 256. Together with a right of way as appurtenant to said lot over the ways as shown on said Plan to and from said lot to and Nye Road For mortgagor's title see deed recorded with the Barnstable County Registry of Deeds in Book 15542, Page 265. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Termsofthe Sale: Cash, cashier'sor 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 8.Associates, PC, 321 Billerica Road, Suite 210, Chelmsford, MA 01824-4100 c/o Sanjit S Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. LaSalle Bank National Association as Trustee for Securitized Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2004-8 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 December 8, December 15 and December 22, 2006 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Timothy J. Scales to Sovereign Bank, dated February 14, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19532, Page 289 of which Mortgage the undersigned is the present holder by assignment, for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 9:00 AM on the 4th day of January, 2007 at 268 Poponessett Road, Cotuit, Mas- sachusetts 02635, all arid singular the premises described in said Mortgage, to wit: The land with the buildings thereon, situated in Barnstable (Cotuit), Barnstable County, Massachusetts, more particularly described as follows: Shown as LOT 176-C on a plan recorded in Plan Book 94, Page 47. Subject to and together with the benefits of all rights, rights of way, easements, res- ervations, restrictions of record, if any there be and insofar as the same are of legal force and effect. For title see deed recorded herewith PROPERTYADDRESS: 268 Poponessett Road, Cotuit, MA 02635 The premises are to be sold subject to and with the benefit of all easements, restric- tions, building and zoning laws, unpaid taxes, tax titles, water bills, municipal liens and assessments , rights of tenants and parties in possession. TERMSOF SALE:Adepositof FIVETHOUSAND DOLLARSAND00 CENTS ($5,000 00) shall be required to be paid to the mortgagee in cash, by certified or bank's cashier check at the time and place of sale. The balance of the purchase price is to be paid in cash, by certified check or by bank's cashier check in or within thirty (30) days from the date of the sale. TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale. Sovereign Bank, Present Holder of said Mortgage, By Its Attorneys. Barron & Stad- feld, P.C.. Joseph P. Corrigan, 100 Cambridge Street, Suite 1310, Boston, MA 02114, 617-723-9800 (21447-70/Scales)(12/08/06, 12/15/06, 12/22/06)(74056) The Barnstable Patriot December 8. December 15 and December 22, 2006