Town of Winchendon
109 Front Street
Winchendon, Massachusetts 01475-1758
Legal Notice
Winchendon Conservation Commission
Pursuant to the provisions of M.G.L. Chapter 131, Section 40, and the Town of Winchendon Wetlands Protection Bylaw, the Winchendon Conservation Commission will hold a public hearing on Thursday, January 12, 2023 at 6:05 pm to consider the Request for Determination of Applicability filed by Jason Kilfoyle for proposed work within the 50-foot Buffer Zone to Bordering Vegetated Wetlands at Lot #2 Stoddard Road, Assessor's Map 10, Parcel 71. The proposed
work includes a proposed driveway culvert crossing of 90 S.F. of wetlands in drainage ditch along road. The hearing will be held in the Second Floor Auditorium at Town Hall - 109 Front St., Winchendon, MA 01475. Alternative translation and accommodation for disabled persons is available by advance request.
For additional information email mmarro@townofwinchendon.com.
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 Robert A. Lucier, to Mortgage Electronic Registration Systems, Inc., as nominee for American Mortgage Network, Inc., DBA American Mortgage Network of MA, dated April 7, 2008, and recorded with the Worcester County (Worcester District) Registry of Deeds in Book 42682 at Page 79; as affected by a Home Affordable Modification Agreement, dated February 3, 2012 and recorded at the Worcester County (Worcester District) Registry of Deeds in Book 48598, Page 175; as further affected by a Loan Modification Agreement, dated June 8, 2014 and recorded at the Worcester County (Worcester District) Registry of Deeds in Book 52763, Page 228; as further affected by a Loan Modification Agreement, dated November 4, 2016 and recorded at the Worcester County (Worcester District) Registry of Deeds in Book 56829, Page 168, of which mortgage the undersigned is the present holder by assignment from Mortgage Electronic Registration Systems, Inc., to JPMorgan Chase Bank, NA, dated February 20, 2012, recorded with the Worcester County (Worcester District) Registry of Deeds in Book 48598, Page 173; by assignment from JPMorgan Chase Bank, National Association to Federal National Mortgage Association, dated February 7, 2014, recorded with the Worcester County (Worcester District) Registry of Deeds in Book 52999, Page 355; by assignment from Federal National Mortgage Association to Nationstar Mortgage LLC d/b/a Mr. Cooper, dated March 22, 2019, recorded with the Worcester County (Worcester District) Registry of Deeds in Book 60194, Page 148; by assignment from Nationstar Mortgage LLC d/b/a Mr. Cooper to U.S. Bank Trust National Association, as Trustee for the Igloo Series IV Trust, dated February 21, 2020, recorded with the Worcester County (Worcester District) Registry of Deeds in Book 61926, Page 140; and by an assignment from U.S. Bank Trust National Association, as Trustee for the Igloo Series IV Trust to U.S. Bank Trust N.A., as Trustee of the Bungalow Series IV Trust, dated June 4, 2020, recorded with the Worcester County (Worcester District) Registry of Deeds in Book 67512, Page 241, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 2:30 P.M. on the 10th day of January 2023, at 131 Rice Road, Winchendon, MA 01475, all and singular the premises described in said mortgage, To wit: A certain parcel of land with the buildings thereon situated off the Southerly side of Rice Road in the Southwesterly part of Winchendon. Worcester County, Massachusetts. bounded and described as follows: BEGINNING at the Northwesterly corner thereof at a point on a stone wall in the line of land of Westmoreland Brawner Carr et ux and at the Southwesterly corner of land of John F. Rice et ux, said point being located 163.5 feet Southerly of Rice Road; thence EASTERLY at an included angle of 90°, with the last course herein described. by land of John f. Rice et ux, 300.0 feet: thence SOUTHERLY at an included angle of 90° by land of the heirs of Rupert A. Rice. about 269.1 feet; thence WESTERLY at an included angle of 89° 35', by land of Kendall D. Rice et ux, 300.0 feet to a point on a wall in line of land of Westmoreland Brawner Carr et ux; thence NORTHERLY at an included angle of 90° 25'. by Carr land and partly by a wall, 269.0 feet to the place of beginning. Containing 1.85 acres. Subject to the right of John F. Rice and Marilyn J. Rice and their successors in interest to use the well on the granted premises together with the right to enter upon. repair and maintain the same. The right and easement to pass and repass over a portion of the grantor's premises as specified in deed recorded in Book 7518. Page 31. Said right of way to be 40 feet in width and is to run Southerly from the Southerly line of Rice Road over land now or formerly of Wetmoreland B. Carr and Althea Carr, to premises now owned by the grantee herein. Said right of way is shown o Plan Book 302, Page 4, but is limited in length to that part of the right of way that is more adjacent to the grantee's premises and to run along and Easterly from that part of the 40 foot right of way whose center line distances are 245 feet, more or less and 240 feet. more or less. As consideration for this right of way. the grantee herein agrees to pay his'her'their proportioned share of the usual necessary maintenance of the roadway. including but not limited to snow removal. The purpose and intention of the right of way granted is that henceforth the grantees together with their respective heirs, executors. administrators and assigns, shall have equal rights of ingress and egress as appurtenant to their respective parcels over and upon all that portion of said driveway and connections necessary and common to the way from Rice Road to the respective parcels of land of the parties and that none shall have the right to ingress and egress to the exclusion of the others. For title reference see Deed in Book 30151, Page 366. 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 five thousand dollars ($5,000) 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 wire transfer to Demerle Hoeger LLP, 10 City Square, 4th Floor, Boston, MA 02129 within thirty (30) days from the date of 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 Trust National Association, as Trustee of the Bungalow Series IV Trust, Present holder of said mortgage, By its Attorneys, Demerle Hoeger LLP 10 City Square, 4th Floor Boston, MA 02129 (617) 337-4444
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 Arn G. Jenkins to Mortgage Electronic Registration Systems, Inc., as nominee for 1-800-East-West Mortgage Company, dated December 22, 2006 and recorded with the Worcester County (Worcester District) Registry of Deeds at Book 40417, Page 295, subsequently assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by Mortgage Electronic Registration Systems, Inc. by assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 47916, Page 152, subsequently assigned to Carrington Mortgage Services, LLC by Carrington Mortgage Services, LLC, as attorney in fact for Bank of America, N.A. by assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 55761, Page 171, subsequently assigned to Carrington Mortgage Services, LLC by Bank of America, N.A. by corrective assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 67753, Page 126, subsequently assigned to MidFirst Bank by Carrington Mortgage Services, LLC by assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 65202, Page 129 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 11:00 AM on January 9, 2023 at 21 Bemis Road, Winchendon, MA, all and singular the premises described in said Mortgage, to wit: A certain parcel of land with the buildings thereon located on the westerly side of Bemis Road, Winchendon, Worcester County, Massachusetts, being shown as Lot 7 on a plan entitled "Plan of Lots prepared for Park & Sons, Inc., Winchendon, Massachusetts, Scale: 1"=100 Feet, dated April 23, 1985, Brian H, Szoc-Professional Land Surveyor, Gardner, Mass, which plan is recorded with Worcester District Registry of Deeds, Plan Book 536, Plan 44, and being bounded and described according to said plan as follows. BEGINNING at a point on the westerly side of Bemis Road, THENCE South 9° 31' 51" West along Bemis Road two hundred thirty-three and 05/100 (233.05) feet to a point, THENCE North 80° 28' 09" West by Lot 8 as shown on said plan one hundred ninety and 00/100 190.00) feet to a point, THENCE North 9° 31' 51" East by other land of Park & Sons, Inc. as shown on said plan two hundred thirty-three and 05/100 (233.05) feet to a point, THENCE South 80° 28' 09" East by other land of Park & Sons, Inc. as shown on said plan one hundred ninety and 00/100 (190.00) feet to the point of beginning. CONTAINING 1.017 acres of land according to said plan Reserving to Park & Sons. Inc , its successors and assigns forever the right to pass and repass for all purposes for which streets and roads are commonly used in the Town of Winchendon over a rounding easement described as follows, BEGINNING at a point on the westerly sideline of Bemis Road; Thence along a curve to the left having a radius of twenty-five and 00/100 feet for a distance of thirty-nine and 27/100 (39.27) feet to a point on the northerly sideline of Lot 7, THENCE South 80° 26' 09" East by Lot 7 twenty-five and 00/100 (25.00) feet to a point on Bemis Road, THENCE South 9° 31' 51" West along Bemis Road twenty-five and 00/100 (25.00) feet to the point of beginning. SUBJECT TO Utility easement granted to Massachusetts Electric Company dated August 22, 1985, recorded in Book 8894, Page 60. For mortgagor's title see deed recorded with Worcester District Registry of Deeds inBook 37254, Page 124. The mortgagor expressly reserve my right of Homestead and do not wish to terminate my Homestead by granting the within conveyance notwithstanding my waiver of such Homestead of the within mortgage. The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney's fees and costs. 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 successful bidder will be required to execute a Foreclosure Sale Agreement immediately 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 satisfactory 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 written 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 purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. 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. MIDFIRST BANK Present Holder of said Mortgage, By Its Attorneys, ORLANS PC PO Box 540540 Waltham, MA 02454 Phone: (781) 790-7800 22-001866
Town of Winchendon
109 Front Street
Winchendon, Massachusetts 01475-1758
Zoning Board of Appeals
PUBLIC HEARING NOTICE
Notice is hereby given that the Zoning Board of Appeals will hold a PUBLIC HEARING on Wednesday, January 18, 2022 at 7:05pm to discuss the application for a Variance submitted by owners Kayla and Chad Landry owners of 102 Royalston Road North, also known as Assessor's Map 1, Parcel 201 Winchendon, MA 01475. Variance request to allow for the housing of poultry within 100' of the property line per section 5.2.4 of the Winchendon Zoning Bylaws. Said property is located in a R80-Rural Residential Neighborhood. The hearing to be held in the Second Floor Auditorium at Town Hall - 109 Front St., Winchendon, MA 01475. Alternative translation and accommodation for disabled persons is available by advance request.
BY: Cynthia Carville, Chair
Winchendon Zoning Board of Appeals
NOTICE OF TIER CLASSIFICATION
34 PINEWOOD DRIVE
WINCHENDON, MASSACHUSETTS
RELEASE TRACKING NUMBER 2-21800
A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. To evaluate the release, a Phase I Initial Site Investigation was performed pursuant to 310 CMR 40.0480. The site has been classified as TIER II pursuant to 310 CMR 40.0500. On December 11, 2022, E.L. Harvey & Sons, Inc. filed a TIER II Classification Submittal with the Department of Environmental Protection (MassDEP). To obtain more information on this disposal site, please contact Lisa Irwin, Clean Harbors Environmental Services, Inc., 42 Longwater Drive, Norwell, MA 02061, 781-792-5821. The Tier Classification Submittal and the disposal site file can be viewed at MassDEP website using Release Tracking Number (RTN) 2-21800 at https://eeaonline.eea.state.ma.us/portal#!/search/wastesite or at MassDEP, Central Regional Office, 8 New Bond Street, Worcester, MA 01606, 508-792-7650. Additional public involvement opportunities are available under 310 CMR 40.1403(9) and 310 CMR 40.1404.
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
22 SM 003806
ORDER OF NOTICE TO:
Calvin M. Smith; Minerva Smith and to all persons entitled to the benefit of the Servicemembers Civil Relief Act: 50 U.S.C. c. 50 § 3901 (et seq): Deutsche Bank National Trust Company FKA Bankers Trust Company of California, N.A., As Trustee for the Holders of the Vendee Mortgage Trust 1999-2 claiming to have an interest in a Mortgage covering real property in Winchendon, numbered 115 Pearl Street, given by Calvin M. Smith and Minerva Smith to Secretary of Veterans Affairs, dated July 24, 1998, and recorded at Worcester County (Worcester District) Registry of Deeds in Book 20224, Page 312, and now held by the plaintiff by assignment, has/have filed with this court a complaint 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 property 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 30, 2023 or you may lose the opportunity to challenge the foreclosure on the grounds of noncompliance with the Act. Witness, GORDON H. PIPER, Chief Justice of said Court on December 13, 2022. Attest: Deborah J. Patterson Recorder
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 Frank A. Cosentino, III and Karen Cosentino to Mortgage Electronic Registration Systems, Inc., as nominee for Popular Financial Services, LLC, its successors and assigns, dated July 12, 2006 and recorded with the Worcester County (Worcester District) Registry of Deeds at Book 39393, Page 72, subsequently assigned to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-D by Mortgage Electronic Registration Systems, Inc. by assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 46862, Page 319, subsequently assigned to The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage PassThrough Certificates Series 2006-D by The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-D by assignment recorded in said Worcester County (Worcester District) Registry of Deeds at Book 49668, Page 21 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 12:00 PM on January 4, 2023, at 353 Front Street, Winchendon, MA, all and singular the premises described in said Mortgage, to wit: A certain parcel of land with any buildings and improvements thereon, situated in Winchendon, Worcester County, Massachusetts, known and numbered 353 Front Street. bounded and described as follows: Commencing at the southwest corner of the land now or formerly owned by H.O. Bateman; thence Northerly 279 feet to a stake at the northwest corner of said Bateman land; thence; North 83 1/2 degrees W. on land formerly owned by M.T. Nash 100.87 to line of land now or formerly of Edson McAllister; thence on line of said McAllister land; South 12 3/4 degrees W. 128 feet, more or less, to land now or formerly of Arthur Fife; thence Southeasterly 213 feet, more or less, to the northerly line of Front Street; thence on line of said Front Street in an easterly direction 70 feet to the place of beginning. For title see deed in Book 23288 Page 137. Property Address: 353 Front Street Winchendon, MA 01475 AP 5B1, Lot 19 The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney's fees and costs. 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 successful bidder will be required to execute a Foreclosure Sale Agreement immediately 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 satisfactory 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 written 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 purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. 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. The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-D Present Holder of said Mortgage, By Its Attorneys, ORLANS PC PO Box 540540 Waltham, MA 02454 Phone: (781) 790-7800 19-002535
MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE
Premises: 26 Walnut Street, Winchendon, Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by Joshua Skaife to Mortgage Electronic Registration Systems, Inc. ("MERS"), as mortgagee, as nominee for JG Wentworth Home Lending, LLC its successors and assigns and now held by Lakeview Loan Servicing, LLC., said mortgage dated July 25, 2018, and recorded in the Worcester County (Worcester District) Registry of Deeds in Book 59148, Page 8, as affected by an Assignment of Mortgage dated June 6, 2022, and recorded with said Deeds in Book 67707, Page 221, of which mortgage the undersigned is the present holder, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on January 13, 2023 at 10:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: A certain tract or parcel of land in Winchendon, Worcester County, Massachusetts known as 26 Walnut Street, bounded and described as follows: COMMENCING at the Southwest corner of the tract hereby to be conveyed, at a stake and stones in the Northerly line of Walnut Street, at a corner of land now or formerly of Walter C. Kenney; THENCE North 39° 45' East a distance of 8 rods on line of land of said Walter C. Kenney to a stake and stones in line of land now or formerly of Marcus W. Whitney; THENCE South 50° 15' East, a distance of 5 rods to a stake and stones at a corner of land now or formerly of Calvin H. Cross; THENCE South 39° 45' West, a distance of 8 rods to a stake and stones in the Northerly line of said Walnut Street; thence on line of said Walnut Street, a distance of 5 rods to the place of beginning. Containing by estimation one -quarter of an acre, more or less. The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. For Mortgagor's Title see deed dated July 25, 2018, and recorded in Book 59148, Page 1 with the Worcester County (Worcester District) Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) 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 by a certified check, bank treasurer's or cashier's check within forty-five (45) days after the date of sale. Other terms to be announced at the sale. Marinosci Law Group, P.C. 275 West Natick Road, Suite 500 Warwick, RI 02886 Attorney for Lakeview Loan Servicing, LLC. Present Holder of the Mortgage Telephone: (401) 234-9200 MLG File No.: 22-04788