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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
December 29, 2006     Barnstable Patriot
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December 29, 2006
 
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MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Nicole L.Andrewsand Derrick L.Bynum to Option One Mortgage Corporation, dated October 27, 2004 and recorded with Barnstable County Registry of Deeds in Book 19194, Page 306 of which mortgage Deutsche Bank National Trust Company,as Trustee for Citigroup Mortgage LoanTrust,Series 2005-OPT1,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 199 Long Pond Road, Marstons Mills, Massachusetts will be sold at a Public Auction at 3:00 P.M. on January 10, 2007, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: Borrower(s): Nicole L.Andrews and Derrick L. Bynum Property 199 Long Pond Road,Marstons Mills, Address: Massachusetts 02648 A certain parcel of land,withthe buildingsthereon,situated inBarnstable (Marstons Mills), Barnstable County,Massachusetts, described as follows: Being shown as Lot 121 on a plan of land entitled "Subdivision Plan of Land in Marstons Mills, Barnstable, Mass. designed for Long Pond, Inc., Petitioners, by Crowell & Taylor Corp., 89 Willow Street, Yarmouth Port, Mass., Scale 1" = 100' March 15, 1974,which said plan is duly recorded in Barnstable County Registry of Deeds in Plan Book 284, Page 91. Subject to and with the benefit of all rights, rights of way, easements, appurte- nances, reservations and restrictions of record, insofar as the same are now in force and applicable. For mortgagor's title see deed recorded with the Barnstable County Registry of Deeds in Book 19194 Page 304. 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 saie 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. Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT 1, 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 December 15, December 22 and December 29, 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 Brian A. Morrison and Susan B. Morrison to Sentry Federal Savings Bank, dated October 14, 1985 and recorded with the Barnstable County District of the Land Court filed as Document No 376971 as noted on Certificate of Title No. 96361 of which mortgage Wells Fargo Bank 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 PM on January 9, 2007, on the mortgaged premises located at 55 Scudder Bay Circle, Barnstable, MA 02630 . all and singular the premises described in said mortgage . TO WIT of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts bounded and described as follows Southwesterly by Soudder Bay Circle, one hundred and 26/100 (100.26) feet , Northwesterly by Lot 26, one hundred fiftyand 52/100 (150 52) feet , Northeasterly by Lot 27, one hundred fifty-four and 95/100 (154 95) feet , Easterly by a portion of land now or formerly of John H. Johnson, ninety- eight and 16/100 (98 16) feet, and Southeasterly by Lot 24. two hundred thirteen and 67/100 (213.67) feet. All of said boundaries are determined by the Court to be located as shown on plan 27801-A (Sheet 1) dated April 4, 1957. drawn by Earle F. Dunham, Sr , Surveyor, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 19 with Certificate of Title No 25959 and said land is shown thereon as Lot 25. Said land is subject to an easement as set forth in a grant made by Fields Point Manufacturing Corporation to the Cape & Vineyard Electric Company and the New England Telephone & Telegraph Company dated April 25 .1957 duly recorded in Book 972 Page 30. Said landis subject to and has the benefit of easements and restrictions granted and reserved in a deed given by said Fields Point Manufacturing Corporation to Harold I Wilcox et ux dated September 2, 1960 duly recorded in Book 1073 Page 215 and the other dated August 31, 1960 duly recorded in Book 1088 Page 394 For mortgagors' title see deed recorded with Barnstable County District of the Land Court filed as Document No 334599 as noted on Certificate of Title No 96361 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 and sewer hens 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 reference to such restrictions , easements , improvements , liens, orencumbrancesismadeinthedeed TERMSOFSALE 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 atABLITTSCHARLTON, P.C, 92 Montvale Avenue. 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 BE ANNOUNCED AT THE SALE Present holder of said mortgage By its Attorneys, Deirdre Cavanaugh Esq , ABLITT 8. CHARLTON, P.C. 92 Montvale Avenue. Suite 2950 Stoneham MA 02180. (781)246- 8995. Dated. 12/01/2006 (91 0010/Mornson)(12/15/06 , 12/22/06. 12/29/06)(73969) The Barnstable Patriot December 15. December 22 and December 29, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue andinexecution ofthe Powerof Sale contained in a certain mortgage given by Philip Kirby a/k/a Philip M Kirby to Mortgage Electronic Registration Systems, Inc., dated March 15, 2006 and recorded with the Barnstable County Registry of Deeds at Book 20826, Page 215, 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 12 00 p m on January 8, 2007, on the mortgaged premises located at 280 Willow Street,West Barnstable (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, in West Barnstable , Barnstable County, Massachusetts, 02688, described as follows Being Lot 1 and containing an area of about one (1) acre, more or less, as shown on a plan entitled, "Plan of Land in West Barnstable, Mass., As surveyed for Lt Col G.W. Fish by LC Latimer Associates, Lloyd C. Latimer, Registered Land Surveyor, Scale 1' = 60', dated February 26, 1972" recorded with the Barnstable County Registry of Deeds in Plan Book 272, page 97. Said premises are conveyed subject to and together with the benefit of all rights, rights of way, easements, reservations, restrictions of record, if any there be and sofar as the same are of legal force and effect. Beingthe same premises conveyed to the herein named mortgagor(s) by deed recorded with Barnstable County Registry of Deeds herewith For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 20826, Page 214. 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 TenThousand ($10,000.00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the 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, P.C. Margaret M Wright , Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot December 15, December 22 and December 29, 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE JANUARY 17, 2007 ¦ 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. 7:45 PM Appeal 2007-006 Peckham Richard Peckham has appeal the Building Commissioner 's Notice to Abate issued on September 29, 2006 citing that the use of the property is in violation of Chapter 240-11 of the Town's Zoning Ordinance. This appeal was filed pursuant to M.G.L c. 40A, Sec. 8 and Chapter 240-88 of the ZoRing Ordinance The property is addressed 99 Pine Avenue, Hyannis, MA and is shown on Assessor 's Map 308 as parcel 214. It is located in a Residence B Zoning District. 8:00 PM Appeal 2007-005 Duguay Dr. Seth A. Duguay has applied for Special Permits pursuant to Section 240-93(B) Expansion/Alteration of Non-Conforming Structure; Section 240-94(B) Expansion of a Nonconforming Use; and a Modification of Appeal Nos 1990-60 and 1997-01. The permits are sought to allow for the alteration and expansion of the nonconforming use of the property for offices and personal services and for the expansion of the existing structure housing that non-conforming use. The property is addressed 86 Main Street (Route 149), Marstons Mills, MA and is shown on Assessor 's Map 077 as parcel 011. It is located in the Residence F Zoning District. These Public Hearingswillbe held at the Barnstable TownHall,367 Main Street,Hyannis, MA. Hearing Room, 2ra Floor, Wednesday, January 17, 2007. 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 December 29, 2006 and January 5, 2007 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 Lome W. Fellows and April D Fellows to The New York Mortgage Company, LLC, dated September 2, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20229, Page 231, 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 10:00 a.m. on January 24, 2007, on the mortgaged premises located at 104 Locust Street , Hyannis (Barnstable) Barnstable County,Massachusetts,all and singularthe premises described in said mortgage, TO WIT: The land with the buildings thereon, in Barnstable (Hyannis), Barnstable County, Mas- sachusetts, and being shown as the Westerly half of Lots 5 and 6, Block E on "Plan of Ridgewood, Hyannis, Mass., Belonging to Ernest S Bradford, Lindsey N. Oliver, George B Lewis and Thomas Otis, Nelson Bearse, Surveyor, 1924, which plan is duly filed in the Barnstable County Registry of deeds in Plan Book 14, Page 41, said land bounded and described as follows: SOUTHERLY: by Maple Street, as shown on said plan, fifty and 00/100 (50.00) feet; WESTERLY by Locust Street as shown on said plan,one hundred and 00/100 (100 00) feet , NORTHERLY: by Lot 7, Block E, as shown on said plan,fifty and 00/100 (50.00) feet; and EASTERLY: by the Easterly half of Lots 5 and 6, Block E, as shown on said plan, one hundred and 00/100 (100.00) feet Being all of the same premises conveyed to the grantor by deed dated July 7, 2003, and recorded with the Barnstable County Registry of Deeds on July 7, 2003, in Book 17216, Page 23. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 20229, Page 229 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 restriction, easements, improvements, liens or encumbrances is made in the deed TERMSOFSALE: A deposit of Five Thousand ($5,000 00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 Highlands. Massachusetts 02461-0389 within thirty (30) days from the date of the 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, TRUSTEE Present holder of said mortgage ¦ By its Attorneys, HARMON LAW OFFICES, PC 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot December 29 , 2006, January 5, and January 12 2007 Know the Market. Know the Town. Oniy inW yi Jfornatable patriot 4 Ocean Street. Hyannis , MA 02601 • 508/771-1427 • Fax 508/790-3997 H-mai l infoCnbarnstahlepatnot com • www narnstablepatnot com COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 06 MISC 333986 To Josue C Lopes and to all persons entitled to the benefit of the Service- members Civil Relief Act Deutsche Bank NationalTrustCompany, as Trustee forthe Certificate Holders of Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates. 2005-OPT3 claiming to be the holder of Mortgage covering real property in Hyannis. numbered 119 Ar- rowhead Drive,given by Josue C Lopes to Patriot Funding LLC, dated July 19, 2005. recorded at Barnstable County Registry of Deeds in Book 20080, Page 340, and now held by the Plaintiff by assignment , has filed with said court a complaint for authority to foreclose said mortgage in the mannerfollowing by entry and possession and exercise of power of sale If you are entitled to the benefits of the Servicemem- bers Civil Relief Act and you object to such foreclosure you or your attorney shouldfile a written appearance and answer in said court at Boston on or before the 22M 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 7r day of De- cember 2006 Deborah J Patterson Recorder The Barnstable Patriot December 29 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No 333910 To: Alexandre L Dias and LeahA Schul- enburg and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Wells Fargo Bank National Asso- ciation on Behalf of Morgan Stanley ABS Capital I Inc Trust 2005-WMC3 claiming to be the holder of Mortgage covering real property in Centerville , numbered 13 Nauset Lane given by Alexandre L Dias and Leah A Schulenburg to MERS as nominee for WMC Mortgage Corp dated December 14, 2004 . and recorded with the Barnstable County Registry of Deeds at Book 19344. Page 86 , and now held by Plaintiff by assignment has/have 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 Ifyou are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney shouldfile a written appearance and answer in said court at Boston on or before the 22nd day of January 2007 or you may be forever barredfrom claiming thatsuch foreclosure is invalid under said act Witness KARYN F SCHEIER Chief Justice of said Court this 7th day of De- cember 2006 Attest Deborah J Patterson Recorder (60 0381[FC#2]/Dias)( 12/29/061(74735) The Barnstable Patriot December 29, 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING NEW LODGING HOUSE LICENSE The Barnstable Licensing Authority will hold a public hearing on the application of Libenna Pinheiro. 7 Quaker Road . Hyannis. MA, Libenna D Pinheiro. Man- ager, for a New Annual Lodging House License. Said hearing will be held on Monday. January 8, 2007 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. Chairman Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot December 29 , 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.06 MISC 333581 To Carol Constantine and to all persons entitled to the benefit of the Servicemem- bers Civil Relief Act DIRECT FEDERAL CREDIT UNION claiming to be the holder of a Mortgage covering real property in Centerville numbered 68 Beldan Lane given by Carol Constantine to Direct Federal Credit Union dated July 29 . 2004. recorded with Barnstable County Registry of Deeds, Instrument No 53291. Book 19371, Page 343. has filed with said court a complaint for authority to foreclose said mortgage in the mannerfollowing by entry and possession and exercise of power of sale If you are entitled to the benefits of the Servicemembers Civil Relief Act 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 22 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 7* day of De- cember 2006 Deborah J Patterson Recorder The Barnstable Patriot December 29. 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING CHANGE OF LOCATION Inaccordance with Chapter 138 section 23 of the General Laws The Wine List Inc . d/b/a The Wine List. Tracy K Anderson Manager, holding an Annual Wine & Malt Retail Package Goods Store License has made application to Change its Loca- tion from Route 132. Southwind Plaza. Hyannis, MA to 665 lyanough Road. Unit 5B Hyannis MA description as follows One entrance in front one in rear Retail space of 1300 sq ft to mciude small island (12' x 7) with vented gas range for the purpose of chef cooking demonstrations at wine tastings Back area of approximately 450 sq ft to include storage 3-bay sink mop sink and hand sink Two handicap- access bathrooms per code A public hearing on this application will be held in the Barnstable Town Hall 2nd Floor Hearing Room 367 Mam Street , Hyannis on Monday January 8 2007 at 9 30 a m or as soon following as practical Martin E Hoxie Chairman Gene Burman Paul R Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot December 29 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 06 MISC 333136 To Steven P Osborn and to all persons en- titledto the benefitof the Servicemembers Civil Relief Act Wells Fargo Bank, N.A. in trust for the benefit of the Certificate Hold- ers of Asset Backed Securities Corporation Home Equity Loan Trust . Series 2005-HE6 claiming to be the holder of Mortgage covering real property in Hyannis. Town of Barnstable , numbered 60 Woodbury Avenue given by Steven P Osborn to Option One Mortgage Corporaton . dated April 14, 2005. recorded at Barnstable County Registry of Deeds in Book 19735. Page 43 and now held by the Plaintiff by assignment , has filed with said court a complaint for authority to foreclose said mortgage in the mannerfollowing by entry and possession and exercise of power of sale If you are entitled to the benefits of the Servicemembers Civil Relief Act 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 22 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 6' day of December 2006, Debora h J Patterson Recorder The Barnstable Patriot December 29 , 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 06 MISC 334225 To Susan P FennerRobert s Fennerand to all persons entitled to the benefit of the Servicemembers Civil Relief Act Wells Fargo Bank , N A as Trustee for ABFC 2004-OPT5 Trust , ABFC Asset-Backed Certificates Series 2004-OPT5 claiming to be the holder of Mortgage covering real property in Barnstable numbered 15 Brad- dock Drive given by Susan P Fennerand Roberts Fenner (o Option One Mortgage Corporation dated May 27, 2004, recorded at Barnstable County Registry of Deeds in Book 18669 Page 1 and now held by the Plaintiff by assignment , has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of powerof sale If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney should file a wt'tten appearance and answer in said court at Boston on or before the 29" day of January 2007 or you may beforever barred from claiming that such foreclosure is invalid under said act Witness. KARYN F SCHEIER Chiel Justice of said Court this 14'' day ol December 2006 Deborah J Patterson Recorder The Barnstable Patriot December 29 2006 ______ PLEASE SUPPORT OUR ADVERTISERS... They're Your Friends and Neighbors! -" ¦ ¦ ¦ ¦ ¦—¦ ¦ ¦ ¦ ¦ NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution of the Powerof Sale contained inacertain mortgage given by RonaldA. Perocchi and Christine M. Perocchi to Washington Mutual Bank, FA, dated November 24, 2004 and recorded with the Barnstable County Registry of Deeds at Book 19301, Page 259, 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 11:00 a.m. on January 19, 2007 . on the mortgaged premises located at 110 Beth Lane, Hyannis, Barnstable County, Massachusetts, all and singular the premises described in said mortgage , TO WIT: The land in with the buildings thereon, situated in Hyannis, Barnstable County, Mas- sachusetts, and shown as Lot 29 - 110 Beth Lane, on a plan entitled "PLAN OF LAND IN HYANNIS, BARNSTABLE, MASS. FOR CAPE INVESTMENT TRUST" recoreded in Plan Book 271, Page 84, in the Barnstable County Registry of Deeds, bounded and described as follows: WESTERLY By the sideline of Beth lane, one hundred twenty-five and 00/100 (125.00) feet; NORTHERLY By Lot 28, one hundred twenty and 00/100 (120.00) feet; EASTERLY By Lots 16 and 15, one hundred twenty-five and 00/100 (125.00) feet; SOUTHERLY By Lot 30, one hundred twenty and 00/100 (120.00) feet. Containing 15,000 square feet. Being the same premises are conveyed to these mortgagors by deed on Chemical Bank , as trustee , dated August 28, 1995 and recorded with the Barnstable County Registry of Deeds in Book 9826 Page 134. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 9826, Page 134. 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 restriction , easements , improvements , liens or encumbrances is made in the deed TERMS OF SALE: A deposit of Five Thousand ($5,000.00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the 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. WASHINGTON MUTUAL BANK F/K/A WASHING MUTUAL BANK . FA Present holder of said mortgage By its Attorneys. HARMON LAW OFFICES, PC 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot December 29 , 2006, January 5, and January 12, 2007