ware zoning deed dated 11/30/1998 board of … · be paid in cash, certified check, bank...

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January 4, 2018 Ware River News, Page 11 public notices Notice of Public Hearing V-2017-02 Notice is hereby given that the Ware Zoning Board of Appeals, will hold a Public Hearing on WEDNESDAY, January 24, 2018 AT 7:05 PM on the application of Eric Gaudreau for a vari- ance request under the guidelines of the Zoning Bylaw and pursuant to MGL Chapter 40A. The hearing will be held in the Selectmen’s Meeting Room, 126 Main Street, Town Hall, Ware, MA. SITE LOCATION: 86 ANDERSON ROAD, Ware, MA Said premises being further described in a deed recorded in the Hampshire County Registry of Deeds, Book 9036, Page 280. Said property is also listed on Assessor’s Map 15, Lot 4-4. Zoned: Rural Residential (RR). SUBJECT: V-2017-02 The Applicant is peti- tioning the ZBA to grant a variance from Section 5.1, Area Requirements, of the Zoning Bylaw to con- struct a 30’ x 30’ garage within the side setback of the property. A complete copy of the application and plans may be inspected at the Town Clerk’s and Planning & Community Development offices during regular business hours. Anyone interested or wishing to be heard on the application should appear at the time and place des- ignated above. All inter- ested parties are invited to attend. Pursuant to MGL Chapter 4, Section 13, a copy of this legal notice can be found on the Massachusetts Newspaper Publishers Association’s (MNPA) website: http:// masspublicnotices.org. WARE ZONING BOARD OF APPEALS Lewis Iadarola Chairman 01/04, 01/11/2018 NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE Premises: 38 Warebrook Drive, Ware, Massachusetts By virtue and in exe- cution of the Power of Sale contained in a cer- tain mortgage given by Michael P. Golinski Jr. and Kimberly I. Golinski to U.S. Bank National Association ND, said mortgage dated September 14, 2007, and recorded in the Hampshire County Registry of Deeds, in Book 9269 at Page 206 and now held by U.S. Bank National Association as successor by merger to U.S. Bank National Association ND for breach of the condi- tions in said mortgage and for the purpose of fore- closing the same, will be sold at Public Auction on January 19, 2018 at 11:00 AM Local Time upon the premises, all and singular the premis- es described in said mort- gage, to wit: The land with build- ings thereon, situated in the Town of Ware, County of Hampshire. Commonwealth of Massachusetts, shown as Lot #38 on a plan of land entitled, Definitive Plan Warebrook Village, Ware, Mass ,” dated May 9, 1972, Scale: 1”=40’, Engineer: Bradford Saivetz & Associates, Inc., and recorded with the Hampshire County Registry of Deeds in Plan Book 83, Plan 50, to which a more particular description may be had Being the same premises conveyed to Mortgagors by Deed recorded with said Registry of Deeds in Book 8388, Page 266. The description of the property that appears in the mortgage to be fore- closed shall control in the event of a typographical error in this publication. For Mortgagors’ Title see deed dated July 25, 2005, and recorded August 11, 2005 in Book 08388 at Page 266 with the Hampshire County Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed sub- ject to all liens, encum- brances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a 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. BENDETT & MCHUGH, PC 270 Farmington Avenue Farmington, CT 06032 Attorney for U.S. Bank National Association as successor by merger to U.S. Bank National Association ND Present Holder of the Mortgage (860) 677-2868 12/28/17, 1/04/18, 1/11/18 MORTGAGEE’S NOTICE OF SALE OF REAL ESTATE By virtue and in exe- cution of the Power of Sale contained in a cer- tain Mortgage given by George A. Larzazs to Wells Fargo Bank, N.A., dated November 22, 2008 and recorded with the Hampshire County Registry of Deeds at Book 9655, Page 204 subsequently assigned to Nationstar Mortgage LLC d/b/a Champion Mortgage Company by Wells Fargo Bank, N.A. by assignment recorded in said Hampshire County Registry of Deeds at Book 12772, Page 15; of which Mortgage the undersigned is the present holder for breach of the conditions of said Mortgage and for the purpose of foreclos- ing same will be sold at Public Auction at 9:00 AM on January 11, 2018 at 72 Pulaski Street, Ware, MA, all and singular the premises described in said Mortgage, to wit: A certain Lot or Parcel of land with the build- ings thereon located in Pulaski Street (former- ly Water Street), ware, Hampshire County, Massachusetts and bound- ed and described as fol- lows: Beginning at a point on said Pulaski (formerly Water Street) six (6) feet from the northwest cor- ner of the dwelling house formerly of Michael Shea; Thence running south- erly on a line parallel with the easterly line of land formerly of William Buckley fifty-seven (57) feet; Thence running westerly about forty-six (46) feet to land former- ly of William Buckley; Thence northerly on land formerly of said William Buckley to said Pulaski Street; and, Thence east- erly on said Pulaski Street about forty-six (46) feet to the point of beginning. Commonly known as: 72 Pulaski Street, Ware, MA 01082 Being the same property conveyed to George A. Larzazs, by deed dated 11/30/1998 and recorded 12/1/1998 in Deed Book Volume 5548 Page 335 in Hampshire County, Massachusetts. Parcel ID Number: Map- 56, Lot 57 The premises are to be sold subject to and with the benefit of all easements, restrictions, building and zoning laws, liens, attorney’s fees and costs pursuant to M.G.L.Ch.183A, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of ten- ants and parties in posses- sion. TERMS OF SALE: A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer’s check or money order will be required to be delivered at or before the time the bid is offered. The success- ful bidder will be required to execute a Foreclosure Sale Agreement immedi- ately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer’s check or other check sat- isfactory to Mortgagee’s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by writ- ten or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The pur- chaser shall have no fur- ther recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attor- ney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale. Nationstar Mortgage LLC d/b/a Champion Mortgage Company Present Holder of said Mortgage, By Its Attorneys, ORLANS PC PO Box 540540 Waltham, MA 02454 Phone: (781) 790-7800 16-014570 12/21, 12/28/17, 01/04/18 (SEAL) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT 17SM009677 ORDER OF NOTICE To: David Pollette, Sandy Pollette and to all persons enti- tled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C.c. 50 §3901 et seq.: Wells Fargo Bank, N.A. claiming to have an interest in a Mortgage covering real property in WARE, numbered 32 EDDY STREET, given by David Pollette, and Sandy Pollette to Home Loan and Investment Bank, F.S.B., dated December 23, 2003, and recorded in the Hampshire County Registry of Deeds in Book 7633, Page 43, and now held by the Plaintiff by assignment has/have filed with this court a com- plaint for determination of Defendant’s/Defendants’ Servicemembers status. If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above mentioned proper- ty on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before January 29, 2018 or you will be forever barred from claiming that you are entitled to the benefits of said Act. Witness, JUDITH C. CUTLER Chief Justice of said Court on December 18, 2017. Attest: Deborah J. Patterson Recorder 201710-0215-YEL 1/04/18 Commonwealth of Massachusetts The Trial Court Hampshire Probate and Family Court 33 King Street, Suite 3 Northampton, MA 01060 (413)586-8500 Docket No. HS17P0701EA Estate of: William J. Zwemke Date of Death: 10/09/2017 CITATION ON PETITION FOR FORMAL ADJUDICATION To all interested per- sons: A Petition for S/A -Formal Probate of Will with Appointment of Personal Representative has been filed by Katharine P. Zwemke of Ware MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. The Petitioner requests that: Katharine P. Zwemke of Ware MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in an unsupervised administra- tion. IMPORTANT NOTICE You have the right to obtain a copy of the Petition from the Petit- ioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appear- ance and objection at this Court before: 10:00 a.m. on the return day of 01/25/2018. This is NOT a hear- ing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thir- ty (30) days of the return day, action may be taken without further notice to you. UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC) A Personal Represent- ative appointed under the MUPC in an unsu- pervised administration is not required to file an inventory or annu- al accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration direct- ly from the Personal Representative and may petition the Court in any matter relating to the estate, including the dis- tribution of assets and expenses of administra- tion. WITNESS, Hon. Linda S Fidnick, First Justice of this Court. Date: December 18, 2017 Michael J. Carey Register of Probate 1/04/18 Home Delivery as low as $.60 per week Call or go online today to sign up and enjoy Ware River News delivered to your home. Get It All In One Place! 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January 4, 2018 Ware River News, Page 11

public noticesNotice of

Public HearingV-2017-02

Notice is hereby given that the Ware Zoning Board of Appeals, will hold a Public Hearing on WEDNESDAY, January 24, 2018 AT 7:05 PM on the application of Eric Gaudreau for a vari-ance request under the guidelines of the Zoning Bylaw and pursuant to MGL Chapter 40A. The hearing will be held in the Selectmen’s Meeting Room, 126 Main Street, Town Hall, Ware, MA.

SITE LOCATION: 86 ANDERSON ROAD, Ware, MA

Said premises being further described in a deed recorded in the H a m p s h i r e C o u n t y Registry of Deeds, Book 9036, Page 280. Said property is also listed on Assessor’s Map 15, Lot 4-4. Zoned: Rural Residential (RR).

SUBJECT: V-2017-02The Applicant is peti-

tioning the ZBA to grant a variance from Section 5.1, Area Requirements, of the Zoning Bylaw to con-struct a 30’ x 30’ garage within the side setback of the property.

A complete copy of the application and plans may be inspected at the Town Clerk’s and Planning & Community Development offices during regular business hours.

Anyone interested or wishing to be heard on the application should appear at the time and place des-ignated above. All inter-ested parties are invited to attend.

Pursuan t to MGL Chapter 4, Section 13, a copy of this legal notice can be found on the Massachusetts Newspaper Publishers Association’s (MNPA) website: http://masspublicnotices.org.

WARE ZONING BOARD OF APPEALS

Lewis IadarolaChairman

01/04, 01/11/2018

NOTICE OF MORTGAGEE’S SALE

OF REAL ESTATEPremises:

38 Warebrook Drive, Ware, MassachusettsBy virtue and in exe-

cution of the Power of Sale contained in a cer-tain mortgage given by Michael P. Golinski Jr. and Kimberly I. Golinski to U.S. Bank Nat ional Associa t ion ND, said mortgage dated September 14, 2007, and recorded in the Hampshire C o u n t y R eg i s t r y o f Deeds, in Book 9269 at Page 206 and now held by U.S. Bank National Association as successor by merger to U.S. Bank National Association ND for breach of the condi-tions in said mortgage and for the purpose of fore-closing the same, will be sold at Public Auction on January 19, 2018 at 11:00 AM Local Time upon the premises, all and singular the premis-es described in said mort-gage, to wit:

The land with build-ings thereon, situated in the Town of Ware, County of Hampshire. C o m m o n w e a l t h o f Massachusetts, shown as Lot #38 on a plan of land entitled, Definitive Plan Warebrook Village, Ware, Mass ,” dated May 9, 1972, Scale: 1”=40’, E n g i n e e r : B r a d f o r d Saivetz & Associates, Inc., and recorded with the Hampshire County Registry of Deeds in Plan Book 83, Plan 50, to which a more particular description may be had

B e i n g t h e s a m e premises conveyed to Mortgagors by Deed

r e c o r d e d w i t h s a i d Registry of Deeds in Book 8388, Page 266.

The description of the property that appears in the mortgage to be fore-closed shall control in the event of a typographical error in this publication.

F o r M o r t g a g o r s ’ Title see deed dated July 25, 2005, and recorded August 11, 2005 in Book 08388 at Page 266 with the Hampshire County Registry of Deeds.

TERMS OF SALE: Said premises will be sold and conveyed sub-ject to all liens, encum-brances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described.

FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a 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.BENDETT & MCHUGH,

PC270 Farmington AvenueFarmington, CT 06032Attorney for U.S. Bank National Association as successor by merger to

U.S. Bank NationalAssociation ND

Present Holder of the Mortgage

(860) 677-286812/28/17, 1/04/18, 1/11/18

MORTGAGEE’S NOTICE OF SALE OF

REAL ESTATEBy virtue and in exe-

cution of the Power of Sale contained in a cer-tain Mortgage given by

George A. Larzazs to Wells Fargo Bank, N.A., da ted November 22 , 2008 and recorded with the Hampshire County Registry of Deeds at Book 9655, Page 204 subsequently assigned to Nationstar Mortgage LLC d/b/a Champion Mortgage Company by Wells Fargo Bank, N.A. by assignment recorded in said Hampshire County Registry of Deeds at Book 12772, Page 15; of which Mortgage the undersigned is the present holder for breach of the conditions of said Mortgage and for the purpose of foreclos-ing same will be sold at Public Auction at 9:00 AM on January 11, 2018 at 72 Pulaski Street, Ware, MA, all and singular the premises described in said Mortgage, to wit:

A certain Lot or Parcel of land with the build-ings thereon located in Pulaski Street (former-ly Water Street), ware, H a m p s h i r e C o u n t y, Massachusetts and bound-ed and described as fol-lows: Beginning at a point on said Pulaski (formerly Water Street) six (6) feet from the northwest cor-ner of the dwelling house formerly of Michael Shea; Thence running south-erly on a line parallel with the easterly line of land formerly of William Buckley fifty-seven (57) feet; Thence running westerly about forty-six (46) feet to land former-ly of William Buckley; Thence northerly on land formerly of said William Buckley to said Pulaski Street; and, Thence east-erly on said Pulaski Street about forty-six (46) feet to the point of beginning. Commonly known as: 72 Pulaski Street, Ware, MA 01082 Being the same property conveyed to George A. Larzazs, by

deed dated 11/30/1998 and recorded 12/1/1998 in Deed Book Volume 5548 Page 335 in Hampshire County, Massachusetts. Parcel ID Number: Map-56, Lot 57

The premises are to be sold subject to and with the benefit of all easements, restrictions, building and zoning laws, l iens, attorney’s fees and costs pursuant to M.G.L.Ch.183A, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of ten-ants and parties in posses-sion.

TERMS OF SALE:A deposit of FIVE

THOUSAND DOLLARS A N D 0 0 C E N T S ($5,000.00) in the form of a cert ified check, bank treasurer’s check or money order will be required to be delivered at or before the time the bid is offered. The success-ful bidder will be required to execute a Foreclosure Sale Agreement immedi-ately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer’s check or other check sat-isfactory to Mortgagee’s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by writ-ten or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The pur-chaser shall have no fur-ther recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attor-ney. The description of the premises contained

in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE.

Other terms if any, to be announced at the sale. Nationstar Mortgage LLC d/b/a Champion Mortgage

Company Present Holder of said

Mortgage, By Its Attorneys,

ORLANS PCPO Box 540540

Waltham, MA 02454Phone: (781) 790-7800

16-01457012/21, 12/28/17, 01/04/18

(SEAL)COMMONWEALTH

OF MASSACHUSETTSLAND COURT

DEPARTMENT OF THE TRIAL COURT

17SM009677ORDER OF NOTICE

To:David Pollette, Sandy Polletteand to all persons enti-

tled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C.c. 50 §3901 et seq.:

Wells Fargo Bank, N.A.

claiming to have an interest in a Mortgage covering real property in WARE, numbered 32 EDDY STREET, given by David Pollette, and Sandy Pollette to Home Loan and Investment Bank, F.S.B., dated December 23, 2003, and recorded in the Hampshire County Registry of Deeds in Book 7633, Page 43, and now held by the Plaintiff by assignment has/have filed with this court a com-plaint for determination of Defendant’s/Defendants’ Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of

the Servicemembers Civil Relief Act. If you object to a foreclosure of the above mentioned proper-ty on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before January 29, 2018 or you will be forever barred from claiming that you are entitled to the benefits of said Act.

Witness, JUDITH C. CUTLER Chief Justice of said Court on December 18, 2017.

Attest:Deborah J. Patterson

Recorder201710-0215-YEL

1/04/18

Commonwealth of Massachusetts

The Trial Court Hampshire Probate and

Family Court33 King Street, Suite 3

Northampton,MA 01060

(413)586-8500Docket No.

HS17P0701EAEstate of:

William J. ZwemkeDate of Death:

10/09/2017CITATION ON PETITION FOR

FORMAL ADJUDICATION

To all interested per­sons:

A Petit ion for S/A -Formal Probate of Will with Appointment of Personal Representative h a s b e e n f i l e d b y Katharine P. Zwemke of Ware MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

T h e P e t i t i o n e r requests that: Katharine P. Zwemke of Ware MA be ap point ed as Person al Rep resenta tive(s) of said

estate to serve Without Surety on the bond in an unsupervised administra­tion.IMPORTANT NOTICE

You have the right to obtain a copy of the Petition from the Petit­ioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appear­ance and objection at this Court before: 10:00 a.m. on the return day of 01/25/2018.

This is NOT a hear­ing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thir­ty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISEDADMINISTRATION

UNDER THEMASSACHUSETTS

UNIFORM PROBATE CODE (MUPC)

A Personal Represent­ative appointed under the MUPC in an unsu­pervised administration is not re quired to file an inventory or annu­al accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration direct­ly from the Personal Representative and may petition the Court in any matter relating to the estate, including the dis­tribution of assets and expenses of administra­tion.

WITNESS, Hon. Linda S Fidnick, First Justice of this Court.Date: December 18, 2017

Michael J. CareyRegister of Probate

1/04/18

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