NOTICE OF MORTGAGEE`S SALE OF REAL ESTATE

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 John H.
Bommhardt, Trustee of Sword Beach Realty Trust to T.D. Bank, N.A., formerly known as T.D.
Banknorth, N.A., successor in interest to Cape Cod Bank and Trust Company, N.A., dated April
30, 2004, and recorded with the Barnstable Registry of Deeds under Book 18548, Page 98, 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 Noon
on the 27th day of February, 2014, at 270 Communications Way, Unit 5-G, Hyannis, MA 02601
(the “Premises”), all and singular the Premises is more fully described in said mortgage,
To wit:
The following premises in the INDEPENDENCE PLACE CONDOMINIUM in
Barnstable (Hyannis), Barnstable, County. Massachusetts established pursuant to
Massachusetts General Laws Chapter 183A by Master Deed dated December 1, 1988, recorded
in the Barnstable Registry of Deeds in Book 6583, Page 272, as the same may be amended, to
wit:
UNIT 5G, BUILDING 5 located at 270 Communications Way, together with an
undivided fractional interest as specified in the Master Deed as above described in the common
areas and facilities of said condominium, and together with the rights and easements appurtenant
to said unit as set forth in said Master Deed. Said Unit is shown on plans filed in said Barnstable
Registry of Deeds in Plan Book 455, Pages 66 through 68 and Plan Book 456, Pages 57 through
61.
This conveyance is made subject to and having the benefit of rights, reservations, restrictions,
easements and rights of way of record, if any there be, and as specifically set forth in the ByLaws of Independence Place Condominium dated December 1, 1988 and recorded at Barnstable
Registry of Deeds in Plan Book 6583, Page 293, as the same may be amended.
John H. Bommhardt, being the Trustee of the Sword Beach Real Estate Trust, u/d/t dated April
30, 2004 and recorded with Barnstable County Registry of Deeds herewith (herein called the
"Trust"), with an address of 45 Swift Avenue, Osterville, MA 02655, hereby certify in accordance with the terms of said Trust: That he is the incumbent Trustee of the Trust; that said Trust
has never been amended or modified to date; that said Trust remains in effect and has never been
terminated; and that said Trustee has been duly directed by the beneficiaries who are of full and
legal age, competent, and owning 100% of the beneficial interest in and to the aforesaid
Trust to grant a mortgage in the amount of $88,000.00 to Cape Cod Bank and Trust
Company the property known as Unit 5G, Building 5, Independence Place
Condominium, 270 Communications Way, Hyannis, MA 02601 and that the Trust has authority
to execute such documents as the Trustee deems necessary in order to effectuate the above transaction.
The Premises is 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 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 non-refundable deposit of Ten Thousand and 00/100 Dollars ($10,000.00) by
cash or certified funds or bank check will be required to be paid by the purchaser (highest bidder), at the time and place of sale; which non-refundable deposit shall be increased to ten (10%)
percent of the bid amount within five (5) business days of the date of the public sale payable by
cash or certified funds or bank check and delivered to the law office of Cohn & Dussi, LLC, 500
West Cummings Park, Suite 2350, Woburn, MA 01801. The balance is to be paid by certified or
bank check at the law office of Cohn & Dussi, LLC, 500 West Cummings Park, Suite 2350, Woburn, MA 01801, 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.
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 of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right, at its
sole election, to sell the premises by foreclosure deed without further advertisement and without
further notice to other bidders or persons 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 three (3) 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 the sale to a later date by public proclamation on
the date and at the time and place appointed for the sale and to further postpone at any adjourned
sale date by public proclamation on the date and at the time and place appointed for the adjourned sale.
Other terms, if any, to be announced at the sale.
TD BANK, N.A.
Present holder of said mortgage
By its Attorneys,
COHN & DUSSI, LLC
500 West Cummings Park, Suite 2350
Woburn, MA 01801