Ads for Friedman Vartolo LLP in New York, NY

NOTICE OF SALE, NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE, Premises: 94-96 Liberty Street, Unit 2-4, North Adams, Massachusetts 01247, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Libertygranted LLC to RCN Capital, LLC, dated September 14, 2020, and recorded with the Berkshire County (Northern District) Registry of Deeds in Book 1726 at Page 652, as affected by Agreement for Judgment entered in Land Court Case No. 23 MISC 000305, dated August 31, 2023 and recorded with said Registry in Book 1839, Page 463, reforming the Mortgage to recite the correct name of the intended mortgagor, and further affected by an assignment of mortgage from RCN Capital, LLC to U.S Bank National Association, not in its individual capacity but solely as trustee for the BINOM Securitization Trust 2021-INV1, dated February 13, 2023, and recorded with said Registry in Book 1818 at Page 506, 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 the same will be sold by Public Auction at 11:00 o'clock A.M. on the 15th day of May, 2024 at the mortgaged premises located at 94-96 Liberty Street, Unit 2-4, North Adams, MA 01247, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, To wit: The land referred to herein below is situated in the County of Berkshire, State of Massachusetts, and is described as follows: Beginning at a point on the Southerly side of Liberty Street which point marks the Northeast corner of land described in a deed of Owen Cummings et als to Joseph Fitzgerald et ux dated July 7, 1949, and recorded with the Northern Berkshire Registry of Deeds at Adams, Massachusetts, in Book 461, Page 488, which point also marks the Northwest corner of land formerly of one Willian; Thence running South 14 degrees 42' 56" West along the line of land formerly of Willian 181.56 feet to an iron pin set in the ground which iron pin marks the Northerly line of land formerly of the Freeman Manufacturing Company; Thence North 79 degrees 34' 00" West along land formerly of Freeman Manufacturing Company 50.79 feet to an iron pin set in the ground; Thence running North 12 degrees 28' 13" East along other land of Joseph Fitzgerald and Irene E. Fitzgerald 188.78 feet to an iron pin set in the Southerly line of Liberty Street; Thence running South 70 degrees 00' 16" East along the Southerly line of said Liberty Street 58.14 feet to the point and place of beginning, all as shown on sketch attached to and made a part of Deed of Joseph Fitzgerald and Irene E. Fitzgerald to Donald E. Martin, dated July 13, 1973, recorded with said Registry of Deeds in Book 654, Page 495. For Mortgagor's title, see deed dated October 19, 2018, and recorded in Book 1668, at Page 405 in the Berkshire County (Northern District) Registry of Deeds. Premises to 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 Ten Thousand Dollars ($10,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, NY 10004, 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. In the event of an error in this publication, the description of the premises contained in said mortgage shall control. Other terms, if any, to be announced at the sale. U.S. Bank National Association, not in its individual capacity but solely as trustee for the BINOM Securitization Trust 2021-INV1, Present holder of said mortgage by its Attorneys, Friedman Vartolo LLP 85 Broad Street, Suite 501, New York, New York 10004 AD# 84187, 84321 04/24/2024, 05/01/2024, 05/08/2024