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LEGAL NOTICE: 186-190 UNION AVE, Foreclosure, Public Auction

Filed under: Legal Notices by News Staff at 7:15 am on March 16, 2011

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 Charles A. Horne, Jr. and Barbara G. Horne, Trustee's of Middlesex Realty Trust II to Avidia Bank dated June 28, 2008 and recorded with the Middlesex County (Southern District) Registry of Deeds in Book 51378, Page 405 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 11 o'clock in the a.m. on the 12th day of April, 2011, on the mortgaged premises located at 186-190 Union Avenue, Framingham, Massachusetts, all and singular the premises described in said mortgage.

TO WIT: The land in Framingham, Massachusetts bounded and described as follows: NORTHEASTERLY by Union Avenue, as shown on a plan here and after mentioned, Seventy-nine and 39/100 (79.39) feet; SOUTHEASTERLY by Lot 2A, as shown on said plan, One Hundred Two and 84/100 (102.84) feet; SOUTHWESTERLY by land now or formerly of Walter D. and Dorothy S. Hilliard, as shown on said plan, Seventy-nine and 47/100 (79.47) feet; NORTHWESTERLY by Beech Street as shown on said plan, One Hundred Two and 81/100 (102.81) feet. All as shown as Lot One on a plan of land entitled "Plan of Land in Framingham, Massachusetts, Scale 1"=20', March 8, 1961, Schofield Brothers, Registered Land Surveyors, 48 Park Street, Framingham, Massachusetts", which plan is recorded in the Middlesex South District Registry of Deeds, Book 9810, Page 447. Together with a right and easement over and across the driveway area as set forth by instrument of Swan Crest, Inc. dated 12/20/07 and recorded with said Deeds in Book 50508, Page 56.

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.

Said premises will be sold and conveyed subject to and with the benefit of all, if any, rights, rights of way, rights of tenants and parties in possession, restrictions, easements, covenants, improvements, outstanding tax titles, unpaid taxes, municipal liens or other public assessments, local zoning laws and regulations, mortgages, liens or claims in the nature of liens, and existing encumbrances of record, if any there be, insofar as the same are in force and applicable, having priority over the mortgage described herein, if any.

The successful bidder or bidders will be required to sign an Auctioneer's Memorandum of Sale and a Statement of Additional Terms at the conclusion of the bidding.

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 Auctioneer's Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder, (or other successive bidders, in the order of their bids) provided that such other bidders shall deposit with the Mortgagee's attorney, the Law Office of Joseph J. Connolly, the amount of the required deposit as set forth herein within ten (10) business days after written notice of default of the previous highest bidder and the title shall be conveyed to said second highest bidder within thirty (30) days of said written notice. If the second highest bidder, or other successive bidders, 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.

TERMS OF SALE: A deposit of Twenty Thousand and 00/100 ($20,000.00) Dollars in cash or by certified or bank cashier's check will be required to be made at the time and place of the sale as earnest money. The balance of the purchase price is to be paid in cash or by certified check or bank cashier's check and shall be deposited in escrow at the offices of Joseph J. Connolly, Esq., 74 Main Street, Marlborough, Massachusetts 01752, within thirty (30) days after the sale, which time may be reasonably extended by the Mortgagee in its sole discretion. A 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.

AVIDIA BANK
Present Holder of said Mortgage,
By its attorney,
Law Office of Joseph J. Connolly
74 Main Street
Marlborough, MA 01752
Phone: (508) 485-4488

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