LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in that certain Mortgage and Security Agreement dated March 29, 2017 (the “Mortgage”) given by Joseph F. Shay, Jr. a/k/a Joseph F. Shay (the “Mortgagor”) to MutualOne Bank (the “Mortgagee”) and recorded with the Worcester South Registry of Deeds (“Registry”) in Book 56909, Page 46 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 12:00 PM on the 19th day of February, 2026 at 420 East Main Street, Milford, MA 01757, being more particularly in said mortgage, to wit:
Two certain parcels of land situated on East Main Street/Interstate 495, Milford, Worcester County, Massachusetts
PARCEL 1:
A certain parcel of land on the northeasterly side of Interstate Route 495 and the westerly side of East Main Street in the Town of Milford, Worcester County, Massachusetts, being shown as and labeled “Parcel 1” on a plan entitled “Plan of Land in Milford, Mass., Property of: Howard A. Fafard, Scale: 4 feet to an inch, Date February 28, 1991, Guerriere & Halnon, Inc. Engineering and Land Surveying, 333 West Street, Milford, Mass.,” recorded with the Worcester District Registry of Deeds in Plan Book 647, Plan 84.
Said Parcel contains 69,382 +/- S.F., according to said plan.
PARCEL 2:
A certain parcel of land, with the existing improvements thereon, located on the northwest side of East Main Street (Route 16) at the I-495 intersection in the town of Milford, Worcester County, Massachusetts (the “Premises”) being shown as and labeled “PARCEL LS-1” on a plan entitled “THE COMMONWEALTH OF MASSACHUSETTS PLAN OF ROAD IN THE TOWN OF MILFORD WORCESTER COUNTY ALTERED AND LAID OUT AS A STATE HIGHWAY BY THE DEPARTMENT OF HIGHWAYS, OWNER MAY 1, 2008 SCALE: 40 FEET TO THE INCH,” and recorded with said Deeds in Plan Book 868, Plan 77.
Said Parcel LS-1 contains 4,211 square feet, more or less, according to said plan.
For Mortgagor’s title see Deed of Quarry Stone, LLC dated November 22, 2016 and recorded with the Worcester Registry of Deeds in Book 5653, Page 79.
In the event of any typographical errors in the publication of this notice, the description in the Mortgage shall control.
Said premises shall also be sold subject to and/or with the benefit of any and all other restrictions, easements, improvements, covenants, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens, attachments and existing encumbrances of record created prior to the Mortgage, if any there be, insofar as in force and applicable.
Said premises will also be sold subject to all leases and tenancies having priority over said Mortgage, to tenancies or rights of parties in possession now or at the time of said auction which are subject to said Mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and to laws and ordinances including, but not limited to, all building and zoning laws and ordinances.
Terms of sale:
The highest bidder in the sale shall deposit a bank treasurer’s check, or certified check in the amount of Twenty Five Thousand Dollars ($25,000.00) at the time and place of the sale as a non-refundable earnest money deposit towards the purchase price to be held at the option of the Mortgagee as liquidated damages for any default by the successful bidder. The highest bidder shall then be required to remit by federal wire transfer an additional non-refundable deposit to bring in an amount sufficient to make the total deposit equal to ten percent (10%) of the purchase price within five (5) business days of the date of the public auction.
The balance of the purchase price shall be paid upon delivery of the deed within thirty (30) days of the date of the public auction. Each successful bidder shall be required to sign a Memorandum of Sale at the public auction containing the terms herein and any additional terms set forth in the Memorandum of Sale or announced at the public auction.
In the event that any successful bidder at the public auction fails to perform in the time specified to purchase the applicable premises, the Mortgagee reserves the right, at its sole election, to sell such premises by foreclosure deed to the other qualified bidders, in descending order beginning with the next highest bidder, provided that in each case the next highest bidder delivers to Mortgagee the amount of the required deposit within five (5) business days after written notice of the default of the previous highest bidder and promptly executes a Memorandum of Sale providing for performance within thirty (30) days of execution. Mortgagee also reserves the right, at its sole election, to assume the bid of any defaulting or declining bidder. The Mortgagee reserves the right to postpone this sale to a later 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 to be announced at sale.
For inquiries concerning the auction, please contact Dan McLaughlin at dan@mclaughlinco.com.
MutualOne Bank,
present holder of the Mortgage,
By its attorney,
Lauren A. Solar, Esq.
Hackett Feinberg P.C.
155 Federal Street, 9th Floor
Boston, MA 02110
#12112907
DN 2/26, 3/5, 3/12/26