MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Joan E. Moulton to Fidelity Cooperative Bank, dated July 11, 2014 and recorded at Worcester County Registry of Deeds on July 15, 2014, in Book No. 52552, at Page 276, of which mortgage the undersigned is the present holder Fidelity Co-Operative Bank, 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 13, 2026 on the mortgaged premises being known as 96 Chestnut Street, Gardner, MA, being all and singular the premises described in said mortgage to wit:
A certain parcel of land situated on the easterly side of Chestnut Street, in said Gardner, Worcester County, Massachusetts, bounded and described as follows:
Beginning at the northwesterly corner thereof at a point in the easterly line of Chestnut Street at land of Richard E.,Goodwin et ux; thence easterly at an included angle of 90° 00', by land of said Goodwin et ux, 98.05 feet to a corner; thence southerly at an included angle of 89° 56', by land formerly of Knibloe B. Cary, 35.35 feet to a point; thence easterly at an included angle of 266 25' , still by land
of said Cary, 25.15 feet to a corner; thence southerly at an included angle of 94° 53', by land now or formerly of George H. Heywood, Jr., et ux, 13.50 feet to a corner; thence westerly at an included angle of 84° 27', 25.06 feet to a corner; thence southerly at an included angle of 275° 29' 5.75 feet to a corner; thence westerly at an included angle of 89° 12', 98.40 feet to easterly line of Chestnut Street, the preceding three (3) courses being by land now or formerly of Martin and Anna H. Kuniholm; thence northerly at an included angle of 89°38' , by the easterly line of Chestnut Street, 54.93 feet to the place of beginning. Containing 5,692 square feet more or less.
The above conveyance is subject to/a right of way as described in document dated June 9, 1947, by and between Alice T. Malo and Frederick w. Shippee and recorded in Worcester District Registry of Deeds, Book 3061, Page 313, said right of way being described as follows:
Beginning at an iron pipe in the easterly line of Chestnut Street at the northwest corner of land of Alice T. Malo and at the southwest corner of said Shippee's land; thence running easterly on the said Malo land 50 feet to a point 4.50 feet southerly from the northerly boundary line thereof; thence easterly on land of said Malo about 48.40 feet to a point in line with the extended easterly boundary line of said Shippee land; thence northerly in line with the said easterly boundary line, 6.0 feet to a point at land of said Shippee; thence by said easterly boundary line 2.7 feet to a point; thence westerly over said Shippee's land about 48.40 feet to a point 4.25 feet northerly of the northerly boundary line of the said Malo land; thence westerly over said Shippee's land about 50 feet to the easterly line of
Chestnut Street; thence southerly by said Chestnut Street, 9.0 feet to the place of beginning.
And the parties hereto, and their heirs, executors, administrators and assigns, agree that the expense of the upkeep of said right of way shall be borne equally.
Meaning and intending to convey and hereby conveying the premises described in deed of Alvah B. Hodgman to Frederick W. Shippee dated September 30, 1920, and recorded in Worcester District Registry of Deeds. in Book 2229, Page 202, and the premises conveyed by Alice T. Malo to Frederick W, Shippee dated June 9, 1947, and recorded in Worcester District Registry of Deeds in Book 3061, Page 303.
Being the same premises as conveyed to the mortgagor by deed of Frederick W. Shippee, dated December 22, 1969, recorded at Worcester County Registry of Deeds on January 27, 1970, in Book No. 5008, at Page 471.
The above described premises will be sold SUBJECT TO and with the benefit of all restrictions, easements, covenants, conditions, building and zoning laws, to any and all unpaid taxes, tax titles, water and sewer charges, municipal or other public taxes, assessments or liens, rights of tenants and parties in possession, if any.
TERMS OF SALE:
A deposit of $7,500.00 DOLLARS shall be required to be made to the mortgagee in cash, by certified or by cashier's check at the time and place of the sale as a deposit. The successful bidder will be required to execute an Auction Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid in cash, by certified check, by cashier's check, or other check satisfactory to Mortgagee's attorney within thirty (30) days thereafter at the offices of BARSH AND COHEN, P.C., Attorneys for the Mortgagee, 500 Turnpike Street Suite 201, Canton, MA 02021, in exchange for which and at such time and place, the deed shall be delivered to the purchaser for recording.
The Mortgagee reserves the right to amend the foregoing terms of sale by written or oral announcement made before the auction sale, during the sale thereof or at the commencement of or during any postponed sale, the right to bid at the sale, to reject any and all bids, and to postpone the sale up until the time the property is declared sold by the auctioneer.
The description of the premises contained in said mortgage shall control in the event of an error in the Notice of Mortgagee's Sale or its publication.
OTHER TERMS TO BE ANNOUNCED AT THE TIME AND PLACE OF THE SALE.
Dated: December 13, 2025
(signed:) Fidelity Co-Operative Bank
Present Holder of said Mortgage
By its Attorneys,
Barsh and Cohen, P.C.
Neil Cohen, Esquire
Attorney for the Mortgagee
500 Turnpike Street Suite 201,
Canton, MA 02021
(617) 332-4700