NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by David Dulac and Jennifer Anne Dulac to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and/or assigns, said mortgage being dated September 28, 2006, and recorded in the Worcester South District Registry of Deeds in Book 39908, Page 117, assigned to Nationstar Mortgage, LLC by Assignment dated December 7, 2015 and recorded in the Worcester South District Registry of Deeds in Book 54896, Page 389, assigned to Wilmington Savings Fund Society, FSB, as Trustee of Upland Mortgage Loan Trust A by Assignment dated July 20, 2017 and recorded in the Worcester South District Registry of Deeds in Book 57681, Page 237, assigned to D.A.N. Joint Venture III, L.P. by Assignment dated May 4, 2022 and recorded in the Worcester South District Registry of Deeds in Book 67551, Page 244, reformed by Order of the U.S. District Court, District of Massachusetts, dated January 21, 2020 and recorded in the Worcester South District Registry of Deeds in Book 62017, Page 29, 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 11:00 A.M. on Tuesday, November 18, 2025, upon the premises described in said mortgage, namely 12 Snow Street, Millville, Worcester County, Massachusetts, all and singular the premises described in said mortgage, to wit:
The land with the buildings and improvements thereon located in the Town of Millville, County of Worcester, Commonwealth of Massachusetts, bounded and described as follows:
Parcel I:
Two certain lots of land with all the buildings and improvements thereon, situated in the Town of Millville and bounded and described as follows:
The First Lot is situated in the Town of Millville, on the southerly side of the Blackstone River, containing one eighth acre, more or less, bounded as follows:
Beginning at a stone set in the ground at corner of land now or formerly of David Hilton;
Thence bounding southeasterly on Cross Street leading from the Ironstone Road to the road leading from near St. John’s Church to said Ironstone Road one hundred thirty-four (134) feet to a stone set in the ground;
Thence northwesterly on a line of land formerly of E.S. and C.E. Hall, fifty-three and 5/10 (53.5) feet to a stone set in the ground;
Thence southeasterly in the direction of the westerly corner of the old part of the dwelling house on said premises twenty-two and 5/10 (22.5) feet;
Thence northeasterly parallel with the northwesterly side of said house and four (4) feet distant from it about twenty-five (25) feet to a stone set in the ground at said Hilton land;
Thence with said Hilton land (4) feet distance from and parallel with the easterly end of said house thirty-four (34) feet to place of beginning.
The Second Lot is a certain lot or land situated in the Town of Millville, County of Worcester and Commonwealth of Massachusetts aforesaid bounded and described as follows:
Beginning at the most southerly corner thereof at the intersection of the northerly line of “Upper Road to Ironstone” so-called, with the northerly line of a lane leading northeasterly from said “Upper Road to Ironstone”, so-called;
Thence with said northerly line of said “Upper Road”, N. 51° 15’ West, eighty-nine and sixty-six one hundredths (89.66) feet to land formerly of Joseph Banigan et als.
Thence with said land formerly of Banigan N. 61° 40’ E. eighty-two and eight-tenths (82.8) feet to the northerly line of said land;
Thence with said land S. 61° 15’ W., one hundred and fifteen (115) feet to the point of beginning.
Being the same premises conveyed by that deed recorded in Book 10523, Page 280 from Michael R. Herzog, et ux.
Parcel II:
That certain piece or parcel of land, together with the buildings and improvements thereon situate in the Town of Millville, County of Worcester and Commonwealth of Massachusetts, bounded and described as follows:
Beginning at a point which is one hundred sixty-five (165) feet southerly from an iron pipe set in the ground on the southerly side of Ironstone Road, which pipe separates the westerly line of property now or formerly of Dominick Capone and the easterly line of property now or formerly of the Sons of Poland and Lithuania, which iron pipe is eight hundred ninety-nine and seventy-five one hundredths (899.75) feet westerly from the intersection formed by the westerly line of Central Street and the southerly side of Ironstone Road;
Thence easterly along the southerly line of said Capone land a distance of seventy-three and five tenths (73.5) feet to the westerly line of property now or formerly of James Buckley;
Thence southerly along the westerly line of said Buckley property a distance of one hundred sixty one and four tenths (161.4) feet to the northerly line of property now or formerly of Herbert Shinzel;
Thence westerly along the northerly line of said Shinzel land a distance of sixty and seven tenths (60.7) feet to the easterly line of said property of Sons of Poland and Lithuania;
Thence northerly along the said easterly line of said property of Sons of Poland and Lithuania a distance of one hundred sixty-three (163) feet to the point or place of beginning, be said dimensions more or less.
Being the same premises as conveyed by deed recorded in Book 11636, Page 139.
Said premises will be sold subject to and/or with the benefit of any and all rights, rights of way, restrictions, easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assessments, liens or claims in the nature of liens, rights of parties in possession, and existing encumbrances of record created prior to the mortgage, if any there be, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the Deed.
No representations, express or implied, are made with respect to any matter concerning the premises which will be sold "as is".
The successful high bidder will be responsible for paying the Massachusetts State Documentary Tax Stamps, all closing costs and all recording fees.
TERMS OF SALE: The highest bidder in the sale shall be required to deposit cash, bank treasurer's check or certified check in the amount of TEN THOUSAND DOLLARS ($10,000.00) at the time and the place of the sale of the premises to qualify as a bidder (the present holder of the mortgage is exempt from this requirement) to be held by the Mortgagee. The successful bidder will also be required to deposit an additional sum equal to ten percent (10%) of the amount bid less the $10,000.00 deposit (but no less than $10,000) with the Mortgagee’s auctioneer, Sullivan & Sullivan Auctioneers, LLC, 148 Route 6A, Sandwich, MA 02563, or the Mortgagees attorney as may be directed within five (5) days of the date of the sale to be held by the Mortgagee, and the balance of the purchase price shall be paid in cash, certified or bank treasurer's check at the closing which shall occur within thirty (30) days after the date of foreclosure sale, time being of the essence, unless the Mortgagee agrees otherwise. The successful bidder at the sale shall be required to sign a Memorandum of Terms of Sale containing the above terms at the auction sale.
In the event that the successful bidder at the public auction shall default in purchasing the within described property according to the terms of this Notice of Mortgagee's Sale and/or the terms of the Memorandum of Sale executed at the public auction, the Mortgagee reserves the right, at its election, to sell the property to the second highest bidder at the public auction provided that Mortgagee, in its discretion, may require (1) said second highest bidder to deposit the amount of the required deposit as set forth herein within three (3) business days after written notice to the second highest bidder of the default of the previous highest bidder, (2) the second highest bidder to execute a Memorandum of Sale, and (3) the closing to occur within twenty (20) days of said written notice, time being of the essence unless the Mortgagee agrees otherwise. The Mortgagee reserves the right to sell any parcel or any portion thereof separately, or in any order that Mortgagee may choose and/or to postpone this sale to a later time or date by public proclamation at the time and date appointed for the sale and to further postpone any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date.
Other terms, if any, to be announced at the time and place of the sale.
The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.
D.A.N. JOINT VENTURE, III, L.P.
Present Holder of said Mortgage
By/s/David A. Lavenburg
David A. Lavenburg, Its Attorney
BACON WILSON, P.C.
33 State Street
Springfield, MA 01103
413-781-0560