MORTGAGEE'S SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain Fee and Leasehold
Mortgage and Security Agreement (the Mortgage) given by Berkshire Common Corporation
and Shireberk Corporation, a Massachusetts corporation as Trustee for the Shireberk Realty Trust
under that certain Declaration of Trust dated November 8, 1994, as amended (collectively the
Mortgagor) to Sovereign Bank, dated April 4, 2008, and recorded with the Berkshire (Middle
District) County Registry of Deeds (the Registry) in Book 4026, Page 32, and registered with
the Berkshire (Middle District) County Registry District of the Land Court (the Land Court) as
Document No. 35487 and Noted on Certificate of Title No. 6481, of which Mortgage the
undersigned is the present holder, for breach of the conditions of the Mortgage and for the
purpose of foreclosing the same will be sold at Public Auction at 11:00 AM on the 22nd day of
February, 2017 at 1 West Street, Pittsfield, Massachusetts 01201, all and singular the premises
described in said mortgage, to wit:
Real property in the City of Pittsfield, County of Berkshire, Commonwealth of Massachusetts,
described as follows:
All that certain parcel of land (including Registered Land) with the buildings thereon situated on
West Street, Edwin Street and Church Street in the City of Pittsfield, Berkshire County,
Commonwealth of Massachusetts, commonly known and numbered as 1 West Street in said City
of Pittsfield, all more particularly described below.
Parcel B as shown on a plan entitled Berkshire Common Pittsfield Massachusetts prepared by
C.T. Male Associates, P.C. and dated October 12, 1994, which plan is recorded with Berkshire
Middle District Registry of Deeds in Plat D, Plan No. 185. Parcel B is further bounded and
described as follows:
Beginning at the northeast corner of the premises conveyed in the southerly line of West
Street and at the northwest corner of Parcel A as shown on said plan;
Running thence S 26 23' 33" W along the westerly line of Parcel A as shown on said plan, a
distance of 322.14 feet to a point;
Running thence N 63 48' 15" W, a distance of 98.9 feet to a point;
Running thence S 26 21' 50" W, a distance of 62.73 feet to a point;
Running thence N 62 06' 45' W, a distance of 57.35 feet to a point;
Running thence S 25 59' 00" W, a distance of 131.49 feet to a point in the northerly line
of Church Street (the last four courses and distances being along land now or formerly of the
First Baptist Church);
Running thence N 62 45 04" W in the northerly line of Church Street, a distance of 138.07
feet to a point;
Running thence on a curve to the right having a radius of 27.00 feet a distance of 42.09 feet to a

point in the easterly line of Edwin Street;

Running thence N 26 34' 10 E in the easterly line of Edwin Street, a distance of 461.36
feet to a point;
Running thence on a curve to the right having a radius of 25.00 feet, a distance of 36.30
feet to a point in the southerly line of West Street;
Running thence on a curve to the right having a radius of 469.42 feet, a distance of 60.71
feet to a point in the southerly line of West Street;
Running thence S 62 50' 30" E in the southerly line of West Street a distance of 238.11 feet
to the point and place of beginning and containing, according to said plan, 139,018 feet of
land, more or less.
There is included within the above described premises as a part thereof parcels of registered
land being the premises described as Parcels I, II, III, IV, V, VII in Transfer Certificate of
Title No. 6481.
Said Land Court parcels are further described as:
Lot 6, Land Court Plan No. 7554-G
Lot 7, Land Court Plan No. 7554-H
Lot 9, Land Court Plan No. 7554-J
Lot 12, Land Court Plan No. 7554-L
Lot 13, Land Court Plan No. 7554-L
Lot 14, land Court Plan No. 7554-M
Lot 15, Land Court Plan No, 7554-M
Together with the following:
a. Rights for cross utilization for utilities, facilities, access, services and parking as conferred in
that certain Declaration of Easement and Party Wall Agreement, dated November 8, 1994, by
Bercom, Trustee of Berkshire Common Realty Trust, filed in Book 1462, Page 704 and
registered with Land Court as Document No. 25659 as, as amended by that certain First
Amendment to Declaration of Easements and Party Wall Agreement dated July 18, 1996, filed
in Book 1523, Page 930 and registered with the Land Court as Document No. 26706;
b. Easement rights for ingress from and egress to South Street as conferred in that certain
Easement, dated July 11, 1966, by First Baptist Church of Pittsfield, filed in Book 821, Page 3,
and as extended, enlarged, and modified by that certain Agreement, dated April 15, 1969, filed in
Book 875, Page 190 and that certain Easement, dated April 15, 1969, filed in Book 875, Page
194;
c. Rights of ingress from and egress to South Street as conferred in that certain Cross Easement
Agreement, dated December 29, 1986, by Berkshire Life Insurance Company, filed in Book 1176,
Page 1010;
d. Easement rights to use, maintain, install, replace and repair storm drainage pipes conferred in that
certain Drainage Easement, dated December 29, 1986, by Berkshire Life Insurance Company,

filed in Book 1176, Page 1012.

For Mortgagors title see deed recorded with the Registry in Book 1462, Page 700, and deed
registered with the Land Court as Document No. 439577 and Noted on Certificate of Title No.
6481.
Subject to a Rooftop Easement and Assignment Agreement dated October 25, 2004 recorded
with the Registry in Book 3540, Page 225 and registered with the Land Court as Document No.
34138.
In the event of any typographical errors in the publication of this notice, the description of the
Premises 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 of the premises shall deposit a bank treasurer's check, or certified
check in the amount of One Hundred Thousand Dollars ($100,000.00) at the time and place of
the sale of the premises as a non-refundable earnest money deposit towards the purchase price to
be held at the option of the undersigned mortgagee (the Mortgagee) as liquidated damages for
any default by the successful bidder. The highest bidder in the sale of the premises shall then be
required to remit by federal wire transfer an additional non-refundable deposit in an amount of
Three Hundred Thousand Dollars ($300,000.00) 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
forty (40) days of the date of the public auction. The 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 the successful bidder at the public auction fails to perform in the time specified
to purchase the premises, the Mortgagee reserves the right, at its sole election, to sell the
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 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 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 Sullivan & Sullivan Auctioneers, LLC at
617.350.7700 or www.sullivan-auctioneers.com.
Santander Bank, N.A. as successor by merger to
Sovereign Bank, N.A. as successor by merger to
Sovereign Bank
present holder of the Mortgage,
By its attorneys,
Lauren A. Solar, Esq.
Hackett Feinberg P.C.
155 Federal Street, 9th Floor
Boston, MA 02110
(1/26, 2/2, 2/9)