12 Bidders Info Package 2013 TABLE OF CONTENTS
BIDDER'S INFORMATIONAL PACKAGE
12 HEBERT AVENUE
NORTHAMPTON, MASSACHUSETTS
DESCRIPTION PAGE k
MORTGAGEE'S SALE OF REAL ESTATE I-2
MEMORANDUM OF SALE 3-5
HE FOLLOWING MATERIALS ARE FURNISHED SOLELY FOR INFORMATIONAL
FRPOSES. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY EITHER THE
IORTGAGE HOLDER, OR THE AUCTION COMPANY AS TO THE ACCURACY,
OMPLETENESS OR USEFULNESS OF THESE MATERIALS OR THE INFORMATION
ONTAINED THEREIN. PROSPECTIVE PURCHASERS SHOULD MAKE THEIR OWN
QVESTIGATIONS AND INSPECTIONS AND DRAW THEIR OWN INDEPENDENT
ONCLUSIONS.THESE MATERIALS AND THE INFORMATION CONTAINED THEREIN
RE ALSO SUBJECT TO POSSIBLE CHANGE. PRIOR TO OR AT THE TIME OF THE
CHEDULED FORECLOSURE SALE.
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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 James W. Bardwell (the"Mortgagor") to People's United Bank, successor by
merger with The Bank of Western Massachusetts the"Mortgagee") dated June 6, 2003
and recorded in the Hampshire County Registry of Deeds at Book 7259, Page 23,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 On
Wednesday, November 20,2013,at 11:00 A.M.,on the mortgaged premises below
described,being known and numbered as 12 Hebert Avenue, Northampton,
Massachusetts, more particularly described as follows:
That certain tract or parcel of land, with the buildings thereon situate on the
southerly or southwesterly side of Hebert Avenue, in Northampton, Hampshire County,
Massachusetts. bounded and described as follows:
Beginning on said Hebert Avenue at the northwesterly corner of the tract to be
conveyed, at an iron pin and land now or formerly of the City of Northampton, thence
running in an easterly direction along the southerly lint of Hebert Avenue ninety-nine(99)
feet more or less to land now or formerly of one Landry; thence southerly along land of
said Landry sixty-one (61) feet more or less to a comer and land now or formerly of one
Wade;thence westerly along land of said Wade eighty-five 185)feet more or less to a corner
and land now or formerly of the City of Northampton; thence easterly along land of the
City of Northampton one hundred sixteen(116)feet more or less to Hebert Avenue and the
place of beginning.
Intending hereby to convey to the grantee all the land,with the buildings thereon,
which I now own on the southerly or southwesterly side of Hebert Avenue however the
same may be bounded and described. Together with the right to pass and repass over
said Hebert Avenue in common with others.
Being the same premises conveyed in a deed from Alma V. Bardwell to James W.
Bardwell dated December 11, 1995,recorded in the Hampshire County Registry of Deeds
in Book 4789, Page 183.
TERMS OF SALE:
A deposit of FIVE THOUSAND AND 00/100($5,000.00) DOLLARS will be required to he
paid in cash or by certified check by the purchaser at the time and place of sale as an
initial deposit in escrow with O'Connell, Plumb&MacKinnon, P.C.,75 Market Place.
Springfield, Massachusetts 01103. The purchaser shall within 5 business days of the
sale increase the deposit to a sum equal to 10%of the purchase price by delivering the
amount necessary to O'Connell, Plumb&MacKinnon, P.C. in cash or certified check.
The balance is to be paid in cash, or by certified check,within thirty(30) days
thereafter and the Deed transferred contemporaneously therewith. The successful
bidder at the sale shall be required to sign a Memorandum of Terms of Sale containing
the above terms, as well as additional terms, at the Auction Sale.
The purchaser will be responsible for all closing costs, Massachusetts deed excise
stamps and all recording fees. Other terms,if any,to be announced at the sale.
The Seller reserves the right to sell to the second highest bidder in the event that the
highest bidder defaults_ However, this reservation of rights should not be construed as
requiring the Seller to sell to the second highest bidder in the event of such a default.
This sale may be postponed or adjourned by public proclamation from time to time, if
necessary, at the scheduled time and place of sale. The description of the premises
contained in said Mortgage shall control in the event of a typographical error in this
publication.
PEOPLE'S UNITED BANK
The Present Holder of said Mortgage
By:
Jerry fl. Plumb,Jr., its Attorney
O'Connell, Plumb, IN MacKinnon P.0
75 Market Place
Springfield, MA 01103
(4l31 733-91 1 1
IL\thews\Peepli a United Bank\BVUdwdl\ManRagee a No of do
MEMORANDUM OF SALE
L People's United Bank, successor by merger with The Bank of Western
lassachusetts (the"Seller"),hereby sells the parcel of property in Northampton,
lassachusetts, known and numbered as 12 Hebert to the Purchaser, or to the Assignee
esignated by the Purchaser,on the thirtieth (30th) day following the date of this Agreement
it if on that day the Registry of Deeds is not open for business, then on the next day
Blowing said thirtieth day when the Registry of Deeds is open),or earlier if the parties so
gree, by a good and sufficient Foreclosure Deed conveying a good, marketable title of
:cord to the Premises as described in the notice entitled 'Mortgagee's Notice of Sale of Real
state'(the"Notice of Sale"),a copy of which is attached hereto as Exhibit"A",subject to all
strictions,easements,prior mortgages, improvements,outstanding tax titles, municipal
r other encumbrances of record created prior to the Mortgage, condominium fees, rights of
arties in possession,tenants,building codes, zoning ordinances.and G.L.c. 21E, and all
her claims in the nature of liens having priority over the Mortgage, if any there be. The
roperty shall also be transferred subject to the right of redemption of the United States of
merica,if any there be.
2. The purchase price of DOLLARS
), plus a five percent(5.0%) Purchaser's Premium in the Amount of
for a total of$ to be paid in cash or by certified bank
>eckls) to the order of People's United Bank within 30 days of the date of this.Agreement.
3. The delivery of a deposit of FIVE THOUSAND and no/100 DOLLARS
3,000.00), plus so much paid within S business days hereof to make the deposit equal to
2.0%of the purchase price,which has been made to bind this purchase, shall be applied
;ainst the purchase price or otherwise accounted for,and shall be forfeited to the use of
le Seller in the event that the Purchaser shall fail to comply with the terms of this
greement,but such a forfeiture shall not relieve the Purchaser from the Purchaser's
>ligations hereunder. The Seller shall be entitled to any interest earned on the deposit and
re amount to be paid to the Purchaser shall not be adjusted to reflect any such interest.
4. The Purchase Price shall be paid at the office of Jerry B. Plumb,Jr., O'Connell,
umb A MacKinnon,75 Market Place, Springfield, Massachusetts 01103 at 10:00 a.m. on
ie date fixed for conveyance,or at such other place or hour as the parties hereto shall in
riling agree. it being understood that Time is of the Essence of this Agreement.
5. If the Seller shall be unable to give title or make conveyance as above
ipulated,or, if for any reason, including,without limiting the generality of the foregoing,
re existence of a bankruptcy proceeding of any kind,whether voluntary or involuntary, or
ry order or requirement in connection therewith,or any requirement of a court of
tmpetent jurisdiction,impairs the authority of the Seller to give title or to make
mveyance hereunder, said deposit shall be refunded and thereupon all obligations of the
arties hereunder shall cease,and this Agreement shall be void and the Buyer shall have
>recourse against the Seller,its employees, agents, attorneys and representatives,
heftier at law or in equity,provided, however:
(a) If, on the date fixed for conveyance, a period of thirty (30)
days shall not have expired after written notice from the Purchaser of a
defect in title,the time for performance shall,if the Seller so elects in its
absolute and sole discretion,be extended for a period of time not to
exceed an additional sixty I60) days to enable the Seller to make
reasonable efforts to cure such defect; and
tbl If the Purchaser so elects, at either the original or extended time for
performance,to pay said purchase price without deductions for defects in title,
the Seller shall convey such title as the Seller has to the Premises.
6. Until the delivery of the deed, Seller shall continue to maintain insurance on
to Premises against fire and other hazards as presently insured. If the Premises shall have
ren damaged by fire or casualty insured against, the Seller shall,unless the Seller has
reviously restored the Premises to their former condition,pay over or assign to Purchaser,
a delivery of the deed, all amounts recovered or recoverable on account of such insurance
ss any amounts reasonably expended by the Seller for partial restoration.
7. The Purchaser will be responsible for all closing costs. Massachusetts deed
wise stamps,all recording fees,real estate taxes, condominium fees and all other charges.
8 If the Purchaser shall fail to fulfill the Purchasers agreements herein all
:posits made hereunder by the Purchaser shall be retained by the Seller and the
urchaser shall remain liable for the full amount of the Purchase Price, plus all of the
eller's damages,costs and expenses of the Seller due to the Purchaser's default,including
.torneys'and auctioneers'fees. In the event that the Seller sells tot eh second highest
.dder after such default, the Purchaser shall remain liable for the difference between the
archase Price plus the above described damages and the second highest bid.
9. The property shall be conveyed in an "AS-IS°condition. The Purchaser
.knowledges that the Purchaser has not been influenced to enter this transaction by,nor
as the Purchaser relied upon, any warranties or representations of the Seller or the
uctioneer not set forth or incorporated herein, and that no such warranties and
'presentations have been made. Moreover, the Seller specifically disclaims any applicable
arrantics,whether express or implied. It shall be the obligation of the Purchaser to obtain
id pay for any required Smoke Detector Certificates. Further, the Purchaser assumes all
gal responsibility and costs in the event that the property does not conform to the
quirernents of Title 5 of the State Environmental Code.The Seller makes no warranties or
presentations with respect to any septic system or its compliance with Title 5.
10. The acceptance of the foreclosure deed by Purchaser or its nominee shall be
remed to be a full performance and discharge of every Agreement and obligation of the
Ater herein contained or expressed or arising out of said public auction.
11. This agreement shall be construed in accordance with the law of the
ommonwealth of Massachusetts, is to take effect as a sealed instrument, sets forth the
Aire agreement between the parties,is binding upon the parties and inures to the benefit
'the parties, their heirs,executors, successors and assignees,and may be modified or
nendcd only by a written instrument executed by both the Seller and the Buyer.
-4-
PURCHASER: SELLER:
People's Untied Bank
By: Kevin M. Bowler
Title: Vice President
tale:January 22, 2014
RECEIVED of
ae sum of FIVE THOUSAND AND 00/100 DOLLARS($5.000.00) as a deposit on account of
ae above Agreement subject to the terms and conditions of sale hereinabove set forth.
Licensed Auctione
I hereby acknowledge that I have on January 22, 2014 purchased at the auction of
anon Posnik&Associates (Auctioneer), a duly licensed auctioneer, for the sum of
DOLLARS ($ ), plus a Buyer's premium in the
mount of$ , for a total of$ , the property described in the
otice of Sale attached hereto.
I hereby agree to comply with the above Agreement entitled"Memorandum of Sale",
s well as any additional terms attached hereto and having paid as a deposit to bind the
argain the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00),and agreeing to
ay the additional deposit amounts, if any, required by this Agreement, understand that
:cording to this Agreement,I will forfeit said sum to the use of the Seller should I fail to
amply with said terms and conditions of sale set forth therein, and will not be relieved by
rid forfeiture of the obligation to purchase the Premises according to said Agreements.
PURCHASER:
Print Name:
Address: