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 J. Marcinkewich and Jean Marcinkewich to Household Finance Corporation II, dated August 25, 2003 and recorded with the Plymouth County Registry of Deeds at Book 26345, Page 135, subsequently assigned to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust by Household Finance Corporation II by assignment recorded in said Plymouth County Registry of Deeds at Book 48064, Page 275, subsequently assigned to U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-5, Mortgage-Backed Notes, Series 2017-5 by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust by assignment recorded in said Plymouth County Registry of Deeds at Book 51628, Page 43 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 1:00 PM on April 17, 2020 at 828 Nantasket Avenue, Hull, MA, all and singular the premises described in said Mortgage, to wit:
THE LAND IN HULL, PLYMOUTH COUNTY, COMMONWEALTH OF MASSACHUSETTS, WITH THE BUILDINGS THEREON SHOWN AS LOT 41 ON A PLAN ENTITLED ‘PLAN OF LAND BELONGING TO THE NANTASKET COMPANY AT NANTASKET BEACH’ DATED MAY 1881, BY FRED M. HERSEY, C.E. RECORDED WITH PLYMOUTH DEEDS IN PLAN BOOK 1 PAGE 100, AND BOUNDED AND DESCRIBED AS FOLLOWS:
WESTERLY BY THE EASTERLY LINE OF NANTASKET AVENUE (FORMERLY CALLED MAIN AVENUE)
SOUTHERLY BY LOT 42 ON SAID PLAN, ONE-HUNDRED (100) FEET. EASTERLY BY LOT 43 ON SAID PLAN, FIFTY (50) FEET; AND NORTHERLY BY LOT 40 ON SAID PLAN, ONE HUNDRED (100) FEET. CONTAINING 5,000 SQUARE FEET OF LAND ACCORDING TO SAID PLAN. BEING THE SAME PROPERTY CONVEYED FROM CHARLES J. MARCINKEWICH AND JEAN M. MARCINKEWICH TO CHARLES J. MARCINKEWICH BY DEED RECORDED 8/19/02, IN BOOK 22658, AT PAGE 243, IN THE REGISTER’S OFFICE OF PLYMOUTH COUNTY, MASSACHUSETTS.
Upon information and belief there is a scriveners error in the legal description attached to the insured mortgage wherein the first line should have been indicated as “WESTERLY BY THE EASTERLY LINE OF NANTASKET AVENUE (FORMERLY CALLED MAIN AVENUE) FIFTY (50) FEET.”
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.
U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-5, Mortgage-Backed Notes, Series 2017-5
Present Holder of said Mortgage,
By Its Attorneys,
PO Box 540540
Waltham, MA 02454
Phone: (781) 790-7800
[Published 3-26, 4-2, 4-9-2020]