LEGAL NOTICE
MORTGAGEE'S SALE OF REAL ESTATE
By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Nathaniel Bagge to Washington Mutual Bank, FA, dated July 31, 2007 and recorded in Barnstable County Registry of Deeds in Book 22271, Page 123 (the “Mortgage”), as affected by a Loan Modification Agreement dated November 19, 2012, and recorded at said Registry of Deeds in Book 26970, Page 291, and further affected by a Loan Modification Agreement dated September 27, 2017, and recorded at said Registry of Deeds in Book 30825, Page 227 of which mortgage U.S. Bank Trust National Association, Not In Its Individual Capacity but solely as owner trustee for RCAF Acquisition Trust is the present holder by Assignment from Federal Deposit Insurance Corporation, as receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA to JPMorgan Chase Bank, National Association dated July 23, 2013 and recorded at said Registry of Deeds in Book 27597, Page 110, and Assignment from JPMorgan Chase Bank, National Association to U.S. Bank Trust National Association, Not In Its Individual Capacity but solely as owner trustee for RCAF Acquisition Trust dated October 1, 2024 and recorded at said Registry of Deeds in Book 36602, Page 17, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 27 Kennebec Avenue, Pocasset (Bourne), MA 02559 will be sold at a Public Auction at 2:00 PM on November 5, 2025, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:
That land in Bourne, Barnstable County, Massachusetts, together with all buildings thereon, situated on Lot #317 as shown on a plan entitled, "Pocassett Heights drawn and surveyed by L.T. Talbot", duly recorded at Barnstable County Registry of Deeds in land Book 117, Page 1, to which reference may be had. Containing 5,003 square feet of area. Together with the right to use the shore in common with other owners of the lots on said.
Also, that portion of Lot #326 as shown on said plan and more particularly being Parcel B on a plan entitled "Plan of Land of W. Martha Nichols & Mary K. Nichols in Patuisser Bourne, Showing Division of Lot 326 Scale: 1"-20' June 5,1951, by Newell B. Shaw, Eng'r duly recorded at Barnstable County Registry of Deeds in Plan Book 99, Page 155, to which reference may be had. Containing 1,140 square feet of area. Together with a reservation of an easement for town water as set forth in the deed to William G. Keek, et ux. dated July 24, 1951 and recorded at the Barnstable County Registry of Deeds in book 789, pages 207-208. Being a portion of the premises conveyed to the said W. Martin Nichols and Mary K. Nichols by Charles J. Nichol, dated May 23, 1932 and recorded at the Barnstable Registry of Deeds in book 489, Page 239. Also, see the Estate of W. Martha Nichols. Bristol County Probate Docket No. 126, 556.
Also, that certain shore from lot in Bourne, Barnstable County, Massachusetts, bounded and described as follows:
Beginning at the southwesterly corner of Lot 326 where the same meets with Circuit Avenue on a plan of land known as Pocasset Heights, and drawn by One Talbot and recorded at Barnstable Registry of deeds in book 28, Page 1;
thence continuing in the westerly line of Lot 326 southerly to a mean low water mark on Buzzards Bay;
thence in an easterly direction by said mean low water mark 50 feet to a point which is a continuation of the easterly line of said Lot 326;
thence in a northeasterly direction following a continuation of the easterly line of Lot 326 to the southeasterly corner of said Lot 326;
thence westerly in line of Circuit Avenue by Lot 326. 50 feet to the point of beginning,
excluding from this description no much of the land as is included in Circuit Avenue, which is a public way.
Said lot is conveyed subject to the following restrictions; No buildings shall be erected or maintained on the land hereby conveyed between the first day of June and the first day of October of any year; and no buildings, or structures of any kind shall ever be erected on the granted premises other than temporary structures for the purposes of housing boats during the winter; the land between high and low water mark on the tract hereinabove conveyed shall be forever open to use by other owners fishing, bathing and clamming.
For mortgagor’s title see deed recorded with the Barnstable County Registry of Deeds in Book 13436, Page 165.
The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession.
Terms of the Sale: Cashier's or certified check in the sum of $10,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.
Other terms to be announced at the sale.
U.S. Bank Trust National Association, Not In Its Individual Capacity but solely as owner trustee for RCAF Acquisition Trust
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Bagge, Nathaniel, 25-049320
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