182 Osterville-West Barnstable Rd., Barnstable …

1 PROPERTY INFORMATION PACKAGE #12-1445 Mortgagee s Foreclosure AUCTION COMMERCIAL PROPERTY +/-Acre Nursery Complex k/a Bush Gardens 182 Osterville-West Barnstable Rd., Barnstable ( osterville ), MA Wednesday, February 27, 2013 @ 2:00PM On-Site MA Lic #3184 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.

2 MORTGAGEE'S SALE OF REAL ESTATEBy virtue and in execution of the POWER OF SALE contained in a certain Mortgagegiven by Dunhill Companies, LTD and Dunhill Development Company, LTD toRockland Trust Company dated September 24, 2007 and recorded with the BarnstableCounty Registry of Deeds at Book 22356, Page 285, of which Mortgage the undersigned isthe present holder, for breach of the conditions of said Mortgage and for the purpose offoreclosing the same, the premises described in said Mortgage will be sold at Public Auctionat 1:30 on Friday, August 17, 2012, on the Mortgaged Premises located at 182 Osterville-West Barnstable Road, osterville , Barnstable County, Massachusetts( Parcel One ) and at 2:00 on Friday, August 17, 2012, on the Mortgaged Premiseslocated at 776 Main Street, osterville , Barnstable County, Massachusetts ( ParcelTwo ). To wit:PARCEL ONEP roperty address: 182 Osterville-West Barnstable Road, osterville , MA 02655 The land together with any buildings and improvements situated thereon in the Town ofBarnstable ( osterville ) Barnstable County, Commonwealth of Massachusetts, bounded anddescribed as follows:Parcel 1 Beginning at the northwesterly corner of the herein described premises at an iron pipe set atthe corner of land now or formerly of Mary Amaral and the easterly line of the road leadingfrom osterville to the west Barnstable Railroad Station: thence running about North 66 Eastabout six hundred (600) feet to a corner; thence by our other land about South 310 30' EastSeventy-four (74) feet to a corner; thence about South 66 west by our other land to the eastline of the above mentioned west Barnstable Road; thence northerly by said line seventy-four(74) feet to the first mentioned bound and place of beginning.

3 Containing about 44,950 squarefeet more or 2 Beginning at the Northwest corner of the premises at the corner of land of Manuel Souza andthe east line of the Road leading from osterville to west Barnstable and running in aneasterly direction by land of said Souza about 550 feet to a stake and stone; thence runningsoutherly by land of Hugh A. Rogers about 84 feet to a corner and stake and stone; thencewesterly by land of said Rogers about 600 feet to the east line of said osterville , WestBarnstable Road, thence northerly by said road about 84 feet to the first mentioned cornercontaining about 48,487 sq. ft., more or the above described property is also further described as follows:A certain parcel of land with the buildings thereon located within the Village of osterville ,Town of Barnstable , and the County of Barnstable . Said parcel lying on the easterly side ofthe Osterville-West Barnstable Road about Four Hundred (400) feet northerly of theintersection of Bumps River Road, being bounded and described as follows:Beginning at a concrete bound on the easterly line of the Osterville-West Barnstable Roadof the southwesterly corner of land of Agnes Lewis and running North 68 9' 16" East, FiveHundred Forty-two and 46/100 ( ) feet by land of Agnes Lewis, Robert A.

4 Sousa,Melbourne Jr. and Carol Nickerson and Manuel Gomes to a concrete bound. Thence runningSouth 26 21' 30" East, feet by land of Helen Rock to a concrete bound near HickoryHill Circle, thence running South 70 3' 50" west , Six Hundred Thirty-eight and 33/100( ) feet by land of Ivy Iris Follett, Alfred and Ermelinda J. Barboza, and John andCarolyn E. Dalomba to a point on the easterly line of the Osterville-West Barnstable North 8 33' East, Fifty-five (55) feet by the easterly line of said Road to a point running northerly on a curve having a radius of One Thousand Three Hundred Fifty-one and 59/100 and ( ) feet, a distance of One Hundred Two and 93/100 ( ) feetmeasured along the arc by said road to the point of One and 97/100 acres more or less and being shown on a plan of land surveyedfor the Estate of Klaas Verkade dated October 5, 1979 recorded in Plan Book 338 Page reference: Book 21634 Page TWOP roperty address: 776 Main Street, osterville , MA 02655 Two certain parcels of land together with the building thereon situated in Barnstable ( osterville ), Barnstable County, Massachusetts, and being bounded and described as follows:PARCEL IEASTERLYby Tower Hill Road, thirty-three and 56/100 ( ) feet.

5 SOUTHEASTERLYby land now or formerly of Everett Fuller, eighty-six and 09/100 ( ) feet;SOUTHERLYby Main Street, thirty-two and 98/100 ( ) feet; andWESTERLY andSOUTHWESTERLYLot A, as shown on plan hereinafter mentioned, by fivelines measuring fourteen and 52/100 ( ) feet,fourteen and 55/100 ( ) feet, seven and 63/100( ) feet, forty-four and 80/100 ( ) feet and forth-three and 89/100 ( ) shown as PARCEL B on plan entitled "Subdivision of Land in osterville ,Mass., as surveyed for Marie A. Scudder, Scale 1" = 20', 6/2/1947, Bearse & Kellogg, "which plan is duly recorded with Barnstable County Deeds in Plan Book 79, Page IISOUTHERLYby Main Street, a public way, twenty-three and 12/100( ) feet;WESTERLYby Lot A1, fifty-five and 78/100 ( ) feet;NORTHWESTERLYby said Lot Al, twenty-four and 34/100 ( )feet; andEASTERLY,NORTHEASTERLYAND AGAINEASTERLYby Parcel I above described by four courses measuringforty-four and 80/100 ( ) feet, seven and 63/100( ) feet, fourteen and 55/100 ( ) feet and fourteenand 52/100 ( ) feet shown as Lot A2 on a plan entitled "Subdivision of Lot 'A', osterville , to Scudder-Taylor Oil Co.

6 , Inc., dated August 23, 1973, drawn by Nelson Bearse- Richard Law - Surveyors, recorded in Plan Book 275, Page 1,110 square feet, more or is conveyed as appurtenant to said Lot A2 and to Parcel I as above describedthe right to use and maintain the existing cesspool, the cover of which is on said Lot A2 inthe northwesterly corner thereof as shown on said reference: Book 11198 Page Mortgagee will offer the premises for sale as two separate properties starting with182 Osterville-West Barnstable Road, osterville , Barnstable County, Massachusetts and thenoffering 776 Main Street, osterville , Barnstable County, Massachusetts. The sale of 182 Osterville-West Barnstable Road will begin at 1:30 on Friday, August 17, 2012, on saidpremises. The sale of 776 Main Street will begin at 2:00 on Friday, August 17, 2012,on said premises will be sold subject to any and all valid superior or prior liens on thesaid premises, including liens, encumbrances, attachments, levies, unpaid taxes, mortgages,easements, rights-of-way, occupancies, leases, municipal charges or other defects of title,federal, state, district and municipal taxes, liens and assessments and rights of redemptionunder applicable law, and will be conveyed subject to any of the above and shall,notwithstanding this sale, constitute valid superior prior liens or encumbrances thereon aftersaid sale.

7 Further, in the event that the proceeds of this sale are not sufficient to pay all sumsdue to the Mortgagee, the Mortgagee reserves the right and power under said Mortgage toforeclose any and all other property mortgaged thereunder or under any other Mortgage orSecurity Agreement. Mortgagee reserves the right to bid at the reserves the right to adjourn the sale from time to time. In the event thatthe successful bidder at the foreclosure sale shall default in purchasing the premisesaccording to the terms of this Notice of Sale and/or the terms of the Memorandum of Saleexecuted at the time of the foreclosure, the Mortgagee reserves the right, exercisable at itssole option, to sell the premises by foreclosure deed to the second highest bidder for anamount equal to such second highest bidder's highest bid, provided that such second highestbidder shall deposit with Mortgagee's attorney the amount of the required deposit as set forthherein and shall execute and deliver the Memorandum of Sale within five (5) business daysafter written notice of the default of the previous highest bidder, and title shall be conveyedto such second highest bidder within thirty (30) days of such written notice.

8 In the event thatsuch second highest bidder does not execute and deliver the Memorandum of Sale withinsuch period of five (5) business days, or defaults in purchasing the premises according to theterms of a Memorandum of Sale, the Mortgagee reserves the right, exercisable at its soleoption, to sell the premises by foreclosure deed to itself for the amount of such secondhighest OF SALE: The successful bidder in each separate property sale shall berequired to deposit Twenty-Five Thousand and 00/100 ($25, ) Dollars in cash, certifiedor bank check with no intervening endorsements at the time and place of each sale of eachproperty. The successful bidder on each parcel will be required to sign a Memorandum ofSale at the conclusion of the auction of that parcel in the form provided by the balance of the purchase price shall be due and payable within thirty (30) days of saidsale; successful bidder(s) to pay costs of transfer, including recording fees and documentarystamps.

9 This sale may be postponed or adjourned from time to time, if necessary, by theattorney for the Mortgagee at the scheduled time and place of sale. The description of thepremises contained in said Mortgage shall control in the event of a typographical error in terms to be announced at the sale. Signed:ROCKLAND TRUST COMPANY,present holder of said Mortgage, By Its Attorneys,Thomas E. Pontes, EsquireWYNN & WYNN, New State HighwayRaynham, MA 02767 Tel. No. (508) 823-4567 Loop Up [7/11/2012 9:16:12 AM]Owner Information - Map/Block/Lot: 120 / 005/ - Use Code: 0101 OwnerOwner Name as of 1/1/12 DUNHILL COMPANIES LTD 776 MAIN ST osterville , MA. 02655Co-Owner Name Map/Block/LotGIS MAPS120 / 005/ Property Address 182 RD Village: osterville Town Sewer At Address: No Assessed Values 2012 - Map/Block/Lot: 120 / 005/ - Use Code: 0101 2012 Appraised Value2012 Assessed Value Past ComparisonsBuilding Value:$ 122,000$ 122,000 Year Total AssessedValueExtra Features:$ 14,600$ 14,600 2011 - $ 442,4002010 - $ 517,6002009 - $ 465,1002008 - $ 491,7002007 - $ 491,3002006 - $ 700,300 Outbuildings:$ 204,400$ 204,400 Land Value:$ 173,500$ 173,500 2012 Totals$ 514,500$ 514,500 Tax Information 2012 - Map/Block/Lot: 120 / 005/ - Use Code: FD Tax(Commercial)$ FD Tax (Residential)$ Preservation ActTax$ Tax (Commercial)$ Tax (Residential)$3, $5, Fiscal Year 2012 TAX RATES HERES ales History - Map/Block/Lot: 120 / 005/ - Use Code: 0101 History:Loop Up [7/11/2012 9:16:12 AM]Owner:Sale DateBook/Page:Sale Price.

10 DUNHILL COMPANIES LTD12/21/200621634/12$657447 BUSH, JOE F & KATHLEEN M11/13/19793013/288$0 Sketches - Map/Block/Lot: 120 / 005/ - Use Code: 0101As Built Cards:Click card # to view:Card #1 |Constructions Details - Map/Block/Lot: 120 / 005/ - Use Code: 0101 Building Details Land Building value$ 122,000 Bedrooms 3 BedroomsUSE CODE 0101 Total Improvements Value$158,472 Bathrooms 1 Full + 1 HLot Size (Acres) ResidentialTotal Rooms 6 RoomsAppraised Value$ 173,500 Style ColonialHeat Fuel GasAssessed Value $ 173,500 Grade AverageHeat Type Hot Water Year Built1938AC Type None Effective depreciation 23 Interior Floors CarpetHardwood Stories 2 StoriesInterior Walls Plastered Living Area sq/ft 1,440 Exterior Walls Wood Shingle Gross Area sq/ft2,352 Roof Structure Gable/Hip Roof Cover Asph/F Gls/Cmp Outbuildings & Extra Features - Map/Block/Lot: 120 / 005/ - Use Code: 0101 Loop Up [7/11/2012 9:16:12 AM]CodeDescriptionUnits/SQ ftAppraised ValueAssessed ValueBMTB asement-Unfinished720$ 14,600$ 14,600 WDCKWood deckingw/railings192$ 1,900$ 1,900 GENE mergency Generator1$ 4,800$ 4,800 GRN3 COMM PLASTIC-FAIR672$ 2,700$ 2,700 GRN3 COMM PLASTIC-FAIR672$ 2,700$ 2,700 GRN3 COMM PLASTIC-FAIR672$ 2,700$ 2,700 GRN3 COMM PLASTIC-FAIR2090$ 8,500$ 8,500 GRN3 COMM PLASTIC-FAIR2660$ 10,800$ 10,800 GRN3 COMM PLASTIC-FAIR2660$ 10,800$ 10,800 GRN3 COMM PLASTIC-FAIR1372$ 5,600$ 5,600 SHEDShed240$ 2,200$ 2,200 GRN2 COMM GLASS -GOOD960$ 10,100$ 10,100 GRN2 COMM GLASS -GOOD900$ 9,500$ 9,500 GRN2 COMM GLASS -GOOD2940$ 31,000$ 31,000 FGR3 Garage-Good-WdShingle960$ 32,900$ 32,900 FGR2 Garage- Avg-WdShingle528$ 8,600$ 8,600 GRN2 COMM GLASS -GOOD2940$ 29,800$ 29,800 GRN2 COMM GLASS -GOOD2940$ 29,800$ 29,800 Sketch LegendProperty Sketch Legend B2 NBarn-any 2nd story areaFPCOpen Porch Concrete FloorREFR eference OnlyBASF irst Floor.