PROPERTY INFORMATION PACKAGE #21-1903

Mortgagee’s Foreclosure AUCTION

1,216+/- sf. Home on .72+/- Ac. Detached 576+/- sf. 2-Car Garage

Abuts Conservation Land – Views of Monomoy River

77 CAPTAIN KENDRICK DR., CHATHAM, MA

Friday, June 4 at 11:00am On-site

MA Co. Lic. #3184

Justin J. Manning, CAI, AARE

President | Lead Auctioneer/Broker Justin@JJManning.com

Marketing | Experience | Integrity | Results Since 1976

Boston, MA | Yarmouth Port, MA JJManning.com - 800-521-0111 - fax 508-362-1073

Auction Day Protocols in the Interest of Public Safety for the ALL ON-SITE REAL ESTATE AUCTIONS

In voluntary compliance with social distancing and safety measures proposed by CDC, the following guidelines will be observed on site on auction day:

The auction will take place outdoors.

Each bidding group should be limited to one bidder. Any others must remain in a remote location. Cell phones will be allowed and reasonable time for remote consultation provided.

Signage or auction staff on site will direct vehicles to appropriate parking.

On-site verification of each pre-registered bidder’s deposit will occur one bidder at a time with bidders remaining in their vehicle. A JJManning staff member will stand outside your vehicle to complete the onsite registration process. Please have your photo ID, and deposit check readily available to be shown to our staff member.

Bidders should come prepared with their own mask which will be worn at all times while at the auction. Bidders should bring their own pen to register and fill out paperwork.

Social distancing during the announcements and auction will be maintained keeping bidders a minimum of 6 feet apart.

At conclusion of the auction, only the high bidder will be directed to come forward to execute documents with Mortgagee’s counsel at an appropriately sanitized table outdoors. All others will be instructed to vacate the property.

Hand sanitizer and antibacterial wipes will be provided by auctioneer on-site Thank you in advance for your understanding, compliance, and participation.

AUCTIONEER’S DISCLAIMER

The following information is provided to you as a

matter of convenience only, and no representation or

warranty, expressed or implied, is made as to its accuracy

or completeness.

Prospective purchasers of the auction property are

responsible for conducting such due diligence of their

own as they consider appropriate, prior to bidding at the

auction sale.

All information contained within this Property

Information Packet was derived from reliable sources and

is believed to be correct, but is not guaranteed. Buyers

shall rely entirely on their own judgment and inspection.

Announcements from the Auction Block will take

precedence over any previously printed material or any

other oral statements made.

MEMORANDUM OF SALE

77 Captain Kendrick Drive, Chatham, Massachusetts 02633 (hereinafter “the Property)

This Memorandum of Sale is made this ____ day of ____________________, 2021, by and among Richard S. Pleva of 24 Monomonac Terrace, Rindge, New Hampshire 03641 (the “Mortgagee”), JJ Manning Auctioneers of 179 MA-6A, Yarmouth Port, MA 02675 (the “Auctioneer”) and _________________________________________________________________ (the “Buyer”). Subject to and in accordance with the terms and conditions set forth in that certain Notice of Sale attached hereto as Exhibit A and incorporated herein by reference, and as supplemented by further terms set forth below, the Buyer hereby agrees to purchase the Property more fully described in said Exhibit A. The Property shall be conveyed by the usual mortgagee’s deed under the statutory power of sale. The Property shall be conveyed subject to any outstanding tenancies and/or leases, the rights of parties in possession, any tax titles, municipal taxes and assessments, any outstanding water or sewer bills or liens, and the provisions of applicable state and local law, including building codes, zoning ordinances and M.G.L. Chapter 21E. Where applicable, the Property shall be conveyed subject to unpaid condominium fees pursuant to Massachusetts General Laws Chapter 183A, as amended. The bid price for which the Property has been sold to the Buyer is $______________________, of which $_____________________________ has been paid this day in accordance with the terms of the mortgagee’s notice of sale. The sale shall not be deemed completed until the Buyer has made his/her/its deposit and has signed this Memorandum of Sale. The balance of the purchase price shall be paid at the law office of Burke, Whittum & Leahy, LLC – 738 Main Street, Hingham, MA 02043 by certified or bank check on or before 11:00 a.m. on the thirtieth day following the sale, provided that such day is one on which the Barnstable Registry of Deeds is open for business. Time is of the essence of this agreement. The Buyer shall pay all recording costs, including, but not limited to, all recording fees and excise tax stamps. In the event the Mortgagee cannot convey title to the Property as stipulated, the deposit, and if applicable, the balance of the purchase price shall be refunded and all rights hereunder shall cease, and the Buyer shall have no recourse against the Mortgagee, or its employees, agents and representatives, whether at law or in equity. The Buyer acknowledges that from and after this date he/she/it shall have the sole risk of loss, and the Mortgagee shall have no responsibility for maintaining insurance on the premises. If the

Property is damages by fire or other casualty prior to the closing, Buyer shall accept a deed to the Property and an assignment of so much of the insurance proceeds as has not been used in the restoration of the Property prior to the Closing, to the extent any such proceeds may be available to the Mortgagee, Buyer therefore paying the full balance of the bid price. The Property shall be conveyed in “as is” condition. The Buyer acknowledges that Buyer has not been influenced to enter this transaction by, nor has Buyer relied upon, any warranties or representations of the Mortgagee or the Auctioneer not set forth or incorporated in this Memorandum. No personal property of any nature is included in this conveyance except as expressly set forth herein. If, as of this date, there is any tenant or occupant in residence, the Buyer, if he/she/it wishes to evict such tenant or occupant, must do so at his/her/its own expense. The Buyer shall assume responsibility for and costs relating to compliance with Title 5 of the State Environmental Code, state and city requirements regarding smoke detection equipment, and lead paint regulations, all as applicable. Mortgagee makes no warranties or representations regarding the Property’s current compliance with any state or local regulations or laws. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the Property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit the amount of the required deposit with the law office of Burke, Whittum & Leahy, LLC within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second highest bidder within twenty(20) days of said written notice. I, the undersigned Buyer, acknowledge that I have been given a copy of this Memorandum of Sale. Witness our hands and seals this ____ day of ____________________, 2021. ______________________________ ______________________________ Buyer Mortgagee By: By: ______________________________ Auctioneer By:

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 Therese M. Filardi to Richard S. Pleva, dated November 4, 2019, recorded or filed at the Barnstable County Registry of Deeds in Book 32439, Page 334, as affected by a Partial Release of Mortgage dated July 28, 2020 and recorded at the Barnstable Registry District of the Land Court on August 7, 2020 as document number 1,402,596 on Certificate No. C117-1, of which mortgage the undersigned is the present holder, for breach of condition of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 a.m. on the 4th day of June, 2021 at 77 Captain Kendrick Drive, Chatham, Massachusetts 02633 all and singular the premises described in said mortgage, To wit: the land situated in Chatham, County of Barnstable, Commonwealth of Massachusetts, in that part called Northwest Chatham, with buildings thereon bounded and described as follows:

Being Lot 13 and containing an area of 31,200 square feet of land, more or less, as shown on a plan entitled, “Subdivision Plan of Land in Chatham, Mass. made for Sea-Lake Corporation, Jan. 1966, Nickerson & Berger, Eng’rs.” filed with the Barnstable County Registry of Deeds in Plan Book 202, Page 103.

The above described premises are conveyed subject to a twenty-foot wide drainage easement as shown on said plan along the westerly side-line of the premises.

Lot 13 is subject to and has the benefit of rights of way and building and use restrictions as more fully set forth in the deed from Nanly Homes, Inc. to I. Thomas Buckley, dated March 9, 1970, and recorded in Barnstable County Registry of Deeds in Book 1466, Page 392.

Being the same premises conveyed to the mortgagor by deed from Richard S. Pleva and Therese M. Filardi dated November 4, 2019 and recorded at the Barnstable Registry of Deeds in Book 32439, Page 215.

Premises to be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens, and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having a priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.

Terms of sale: A deposit of twenty thousand dollars ($20,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by

certified or bank check at the law office of Burke, Whittum & Leahy, LLC – 738 Main Street, Hingham, Massachusetts 02043 within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. In the event of an error in this publication, the description of the premises contained in said mortgage shall control.

Other terms, if any, to be announced at the sale.

Richard S. Pleva Present holder of said mortgage By his attorney, David E. Cunningham Burke, Whittum & Leahy, LLC 738 Main Street Hingham, Massachusetts 02043

www.JJManning.com

800.521.0111

Property Information & Full Terms at:

179 Old King’s Hwy, Yarmouth Port, MA 02675

MA Auc Lic 3184 • Bro 1716 • Ref 21-1903

1,216± sf. Salt Box & 576± sf. Detached Garage1,216± sf. Salt Box & 576± sf. Detached Garage.72± Acres with Monomoy River Views

77 Captain Kendrick Dr, Chatham (Cape Cod), MA77 Captain Kendrick Dr, Chatham (Cape Cod), MA

Basement: Full, walk-out, 768± sf. finished & 64± sf. unfinished per AssessorHeat: Oil-fired forced hot water, baseboardGarage: Detached, 576± sf. 2-car garage built 1985 [1BR, 1BA over per MLS]Driveway: Paved parking 4± carsParcel ID: 6I-1-S13ZONING: R60Terms of Sale: $20,000 by certified or bank check at this Mortgagee’s Foreclosure auction. Balance in 30 days. Other terms, if any, announced at the sale. All information derived from reliable sources believed correct, but not guaranteed. Buyers shall rely entirely on their own judgment and inspection. Announcements from the Auction Block take precedence over any previously printed material or any other oral statements made. JJManning Auctioneers is acting exclusively on behalf of Seller in this transaction.

RE Tax Assessment: $437,800 ($231,500 land, $188,200 house, $18,100 detached)Design: 1,216± sf. 1.5-story Saltbox built in 1970 with full walk-out basement, wood siding, asphalt shingle roof, 424± sf. back deck, outdoor showerFeatures: Living room with beamed ceil-ing, skylight, fireplace & hardwood floorsBedrooms: 3 per Assessor [2 house, 1 garage per MLS]Baths: 1.5 (1 full, 1 half) per Assessor [2.5-3 per MLS]1st Fl.: 832± sf.2nd Fl.: 384± sf., peak ceiling loft with open rail to below

AUCTIONAUCTION: Friday, June 4 at 11am On-site: Friday, June 4 at 11am On-site

BOUNDARIESAPPROXIMATE

© Pictometry.com

SUBJE

CT

Captain Kendrick Dr

Captain Kendrick Dr

MONOMOY RIVER

“Corner lot” at bend in the road abuts conservation with sliders leading to back deck overlooking woods to the Monomoy River (a/k/a Muddy River) beyond

BOUNDARIES APPROXIMATE © Pictometry.com

6097 SEQ #: 6,5269/17/2020Key: Town of CHATHAM - Fiscal Year 2021 9:58 am

DESCRIPTION CARDBNPARCEL ID CLASS%

ofSINGLE FAMILY77 CAPTAIN KENDRICK DR6I-1-S13 11 11010

%1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert) BYDOSTRANSFER HISTORY

ADJ BASE SAFCD CREDIT AMTT NbhdAC/SF/UN Infl1 Infl2 Infl3 Lpi

0R60 FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL

N

O

T

E

LAND 231,500 231,500

BUILDING 188,200 176,500 MID CHATHAMNbhd

DETACHED 18,100 20,700 Infl1 100

OTHER 0 0 100Infl2

TOTAL

RCNLDTY

MODEL 1 RESIDENTIAL

QUAL COND ADJ PRICEDIM/NOTE UNITSYB

AQUALITY AVERAGE [100%] 1.00

STYLE 4 1.00 CAPE [100%]

FRAME 1 1.00 WOOD FRAME [100%]

1970YEAR BLT

MEASURE NF11/6/2019

EFF.YR/AGE

LIST EST11/6/2019

REVIEW MR12/10/2019

$NLA(RCN)

NET AREA

1.000

1,216

268,927

30 30 %COND

0FUNC

0ECON

DEPR 30 % GD 70

$188,200

BAT TCD ADJ PRICE RCNUNITSDESCRIPTION DESCRIPTIONADJELEMENT

UNITSCAPACITY

BLDG COMMENTS

ADJ

GUL A 1.00 30 0.70 1985 576

1.5

6

3

1

1

5

1

STORIES

ROOMS

BEDROOMS

FULL BATHS

1/2 BATHS

FIXTURES

UNITS

1.00

1.00

1.00

1.00

1.00

$4,000

1.00

100 S 31,200 MC 1.00 100 1.00 100 1.00 263,720 1.23 100 1.00 R02 0.95 231,450

VC

$221

100

1988105

02/18/2009

05/27/1988

Meas & List

n/a

RRC 100

100

100

100

FILARDI THERESE M

PLEVA RICHARD & FILARDI T

FILARDI THERESE M

11/04/2019

08/17/2017

02/15/2017

A

R

A

1

1

1

32439-215

30705-267

30301-40

31,200 SF

ADJ VALUE

LOCATION CLASSCURRENT OWNERL

E

G

A

L

L

A

N

D

D

E

T

A

C

H

E

D

B

U

I

L

D

I

N

G

S YB TOTAL RCN

RCNLD

SIZE ADJ

50

99

DETAIL ADJ

OVERALL

1.000

1.000 EXTERIOR

INTERIOR

KITCHEN

BATHS

HEAT

ELECT

A

A

A

A

A

A

BN ID

CONDITION ELEM CD

CD ADJ DESC

1970 / 49

WDK

LLU

BAS

LLF

USF

F21

ODS

N

N

L

N

L

O

O

424

64

832

768

384

1

1

33.30

78.25

138.72

102.11

117.76

5,910.00

841.00

14,119

5,008

115,413

78,418

45,218

5,910

841

WOOD DECK

LOWER LEVEL UN

BAS AREA

LOWER LEVEL FIN

UP-STRY FIN

FPL 2S 1OP

OUT DOOR SHWR-A

A

+

+

D

D

1970

1970

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

4

2

1

1

1

2

2

1

FOUNDATION

EXT. COVER

ROOF SHAPE

ROOF COVER

FLOOR COVER

INT. FINISH

HEATING/COOL

FUEL SOURCE

FLR & WALL

CLAPBOARD

GABLE

ASPH/CMP SHIN

HARDWOOD

DRYWALL

HOT WATER

OIL

PHOTO 11/06/2019

BUILDING

428,700 437,800

FILARDI THERESE M

101 ORCHARD ST

BELMONT, MA 02478

44.90 18,10024X24

CHILDHOOD LEAD POISONING PREVENTION PROGRAM (CLPPP) PROPERTY TRANSFER LEAD PAINT NOTIFICATION

Under Massachusetts and federal law, this notification package must be given to prospective purchasers of homes built before 1978. This package must be given in full to meet state and federal requirements. It may be copied, as long as the type size is not made smaller. Every seller and any real estate agent involved in the sale must give this package before the signing of a purchase and sale agreement, a lease with an option to purchase, or, under state law, a memorandum of agreement used in foreclosure sales. Sellers and agents must also tell the prospective purchaser any information they know about lead in the home. They must also give a copy of any lead inspection report, risk assessment report, Letter of Compliance or Letter of Interim Control. This package is for compliance with both state and federal lead notification requirements.

Real estate agents must also tell prospective purchasers that under the state Lead Law, a new owner of a home built before 1978 in which a child under six will live or continue to live must have it either deleaded or brought under interim control within 90 days of taking title. This package includes a check list to certify that the prospective purchaser has been fully notified by the real estate agent. This certification should be filled out and signed by the prospective purchaser before the signing of a purchase and sale agreement, a lease with an option to purchase or a memorandum of agreement used in a foreclosure sale. It should be kept in the real estate agent's files. After getting notice, the prospective purchaser has at least 10 days, or longer if agreed to by the seller and buyer, to have a lead inspection or risk assessment if he or she chooses to have one, except in cases of foreclosure sales. There is no requirement for a lead inspection or risk assessment before a sale. A list of private lead inspectors and risk assessors licensed by the Department of Public Health is attached and can also be found on the Childhood Lead Poisoning Prevention Program’s website at www.mass.gov/dph/clppp.

Sellers and real estate agents who do not meet these requirements can face a civil penalty of up to $1,000 under state law; a civil penalty of up to $10,000 and possible criminal sanctions under federal law, as well as liability for resulting damages. In addition, a real estate agent who fails to meet these requirements may be liable under the Massachusetts Consumer Protection Act.

The property transfer notification program began in 1988 and has been very successful. It provides information you need to protect your child, or your tenants' child, from lead poisoning. Massachusetts has a tax credit of up to $1,500 for each unit deleaded. There are also a number of grants and no-interest or low-interest loans available for deleading. It's up to you to do your part toward ending lead poisoning.

PLEASE TAKE THE TIME TO READ THIS DOCUMENT. LEAD POISONING IS THE NATION'S LEADING ENVIRONMENTAL HAZARD AFFECTING CHILDREN. DON'T GAMBLE WITH YOUR CHILD'S FUTURE.CLPPP Form 94-2, 6/30/94, Rev. 2/03, Rev. 10/09

The Commonwealth of MassachusettsExecutive Office of Health and Human Services

Department of Public Health Bureau of Environmental Health250 Washington Street, 7th Floor

Boston, MA 02108 (800) 532-9571 / (617)-624-5757

NOTIFICATION PACKAGE WILL BE SUPPLIED TO THE AUCTION BUYER OF THIS PROPERTY

THANK YOU FOR REVIEWING THE ENTIRE PROPERTY INFORMATION PACKAGE. WE LOOK FORWARD TO SEEING YOU AT THE AUCTION. IF YOU HAVE ANY QUESTIONS

PLEASE DON’T HESITATE TO CONTACT US.

Justin Manning, CAI, AARE

President Phone: 800-521-0111

Fax: 508-362-1073 JJManning.com

auctions@JJManning.com

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