PROPERTY INFORMATION PACKAGE #12-1445

Mortgagee’s Foreclosure AUCTION COMMERCIAL PROPERTY

1.97+/-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.

MORTGAGEE'S SALE OF REAL ESTATE

By virtue and in execution of the POWER OF SALE contained in a certain Mortgage

given by Dunhill Companies, LTD and Dunhill Development Company, LTD to

Rockland Trust Company dated September 24, 2007 and recorded with the Barnstable

County Registry of Deeds at Book 22356, Page 285, 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, the premises described in said Mortgage will be sold at Public Auction

at 1:30 P.M. 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 P.M. on Friday, August 17, 2012, on the Mortgaged Premises

located at 776 Main Street, Osterville, Barnstable County, Massachusetts (“Parcel

Two”).

To wit:

PARCEL ONE

Property address: 182 Osterville-West Barnstable Road, Osterville, MA 02655

The land together with any buildings and improvements situated thereon in the Town of

Barnstable (Osterville) Barnstable County, Commonwealth of Massachusetts, bounded and

described as follows:

Parcel 1

Beginning at the northwesterly corner of the herein described premises at an iron pipe set at

the corner of land now or formerly of Mary Amaral and the easterly line of the road leading

from Osterville to the West Barnstable Railroad Station: thence running about North 66° East

about six hundred (600) feet to a corner; thence by our other land about South 310 30' East

Seventy-four (74) feet to a corner; thence about South 66° West by our other land to the east

line 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; containing about 44,950 square

feet more or less.

Parcel 2

Beginning at the Northwest corner of the premises at the corner of land of Manuel Souza and

the east line of the Road leading from Osterville to West Barnstable and running in an

easterly direction by land of said Souza about 550 feet to a stake and stone; thence running

southerly by land of Hugh A. Rogers about 84 ½ feet to a corner and stake and stone; thence

westerly by land of said Rogers about 600 feet to the east line of said Osterville, West

Barnstable Road, thence northerly by said road about 84 ½ feet to the first mentioned corner

containing about 48,487 ½ sq. ft., more or less.

That 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 of

the Osterville-West Barnstable Road about Four Hundred (400) feet northerly of the

intersection of Bumps River Road, being bounded and described as follows:

Beginning at a concrete bound on the easterly line of the Osterville-West Barnstable Road

of the southwesterly corner of land of Agnes Lewis and running North 68° 9' 16" East, Five

Hundred Forty-two and 46/100 (542.46) feet by land of Agnes Lewis, Robert A. Sousa,

Melbourne Jr. and Carol Nickerson and Manuel Gomes to a concrete bound. Thence running

South 26° 21' 30" East, 155.93 feet by land of Helen Rock to a concrete bound near Hickory

Hill Circle, thence running South 70° 3' 50" West, Six Hundred Thirty-eight and 33/100

(638.33) feet by land of Ivy Iris Follett, Alfred and Ermelinda J. Barboza, and John and

Carolyn E. Dalomba to a point on the easterly line of the Osterville-West Barnstable Road.

Thence North 8° 33' East, Fifty-five (55) feet by the easterly line of said Road to a point of

curvature.

Thence running northerly on a curve having a radius of One Thousand Three Hundred Fifty-

one and 59/100 and (1351.59) feet, a distance of One Hundred Two and 93/100 (102.93) feet

measured along the arc by said road to the point of beginning.

Containing One and 97/100 acres more or less and being shown on a plan of land surveyed

for the Estate of Klaas Verkade dated October 5, 1979 recorded in Plan Book 338 Page 9.

Title reference: Book 21634 Page 12.

PARCEL TWO

Property 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 I

EASTERLY by Tower Hill Road, thirty-three and 56/100 (33.56) feet;

SOUTHEASTERLY by land now or formerly of Everett Fuller, eighty-

six and 09/100 (86.09) feet;

SOUTHERLY by Main Street, thirty-two and 98/100 (32.98) feet; and

WESTERLY and

SOUTHWESTERLY Lot A, as shown on plan hereinafter mentioned, by five

lines measuring fourteen and 52/100 (14.52) feet,

fourteen and 55/100 (14.55) feet, seven and 63/100

(7.63) feet, forty-four and 80/100 (44.80) feet and forth-

three and 89/100 (43.89) feet.

Being 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, C.E."

which plan is duly recorded with Barnstable County Deeds in Plan Book 79, Page 25.

PARCEL II

SOUTHERLY by Main Street, a public way, twenty-three and 12/100

(23.12) feet;

WESTERLY by Lot A1, fifty-five and 78/100 (55.78) feet;

NORTHWESTERLY by said Lot Al, twenty-four and 34/100 (24.34)

feet; and

EASTERLY,

NORTHEASTERLY

AND AGAIN

EASTERLY by Parcel I above described by four courses measuring

forty-four and 80/100 (44.80) feet, seven and 63/100

(7.63) feet, fourteen and 55/100 (14.55) feet and fourteen

and 52/100 (14.52) feet respectively.

Being shown as Lot A2 on a plan entitled "Subdivision of Lot 'A', Osterville, Mass.

belonging to Scudder-Taylor Oil Co., Inc.,” dated August 23, 1973, drawn by Nelson Bearse

- Richard Law - Surveyors, recorded in Plan Book 275, Page 89.

Containing 1,110 square feet, more or less.

There is conveyed as appurtenant to said Lot A2 and to Parcel I as above described

the right to use and maintain the existing cesspool, the cover of which is on said Lot A2 in

the northwesterly corner thereof as shown on said plan.

Title reference: Book 11198 Page 61.

The Mortgagee will offer the premises for sale as two separate properties starting with

182 Osterville-West Barnstable Road, Osterville, Barnstable County, Massachusetts and then

offering 776 Main Street, Osterville, Barnstable County, Massachusetts. The sale of 182

Osterville-West Barnstable Road will begin at 1:30 P.M. on Friday, August 17, 2012, on said

premises. The sale of 776 Main Street will begin at 2:00 P.M. on Friday, August 17, 2012,

on said premises.

Each premises will be sold subject to any and all valid superior or prior liens on the

said 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 redemption

under 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 after

said sale. Further, in the event that the proceeds of this sale are not sufficient to pay all sums

due to the Mortgagee, the Mortgagee reserves the right and power under said Mortgage to

foreclose any and all other property mortgaged thereunder or under any other Mortgage or

Security Agreement. Mortgagee reserves the right to bid at the auction.

Mortgagee reserves the right to adjourn the sale from time to time. In the event that

the successful bidder at the foreclosure sale shall default in purchasing the premises

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, exercisable at its

sole option, to sell the premises by foreclosure deed to the second highest bidder for an

amount equal to such second highest bidder's highest bid, provided that such second highest

bidder shall deposit with Mortgagee's attorney the amount of the required deposit as set forth

herein and shall execute and deliver the Memorandum of Sale within five (5) business days

after written notice of the default of the previous highest bidder, and title shall be conveyed

to such second highest bidder within thirty (30) days of such written notice. In the event that

such second highest bidder does not execute and deliver the Memorandum of Sale within

such period of five (5) business days, or defaults in purchasing the premises according to the

terms of a Memorandum of Sale, the Mortgagee reserves the right, exercisable at its sole

option, to sell the premises by foreclosure deed to itself for the amount of such second

highest bid.

TERMS OF SALE: The successful bidder in each separate property sale shall be

required to deposit Twenty-Five Thousand and 00/100 ($25,000.00) Dollars in cash, certified

or bank check with no intervening endorsements at the time and place of each sale of each

property. The successful bidder on each parcel will be required to sign a Memorandum of

Sale at the conclusion of the auction of that parcel in the form provided by the Mortgagee.

The balance of the purchase price shall be due and payable within thirty (30) days of said

sale; successful bidder(s) to pay costs of transfer, including recording fees and documentary

stamps.

This sale may be postponed or adjourned from time to time, if necessary, by the

attorney for the Mortgagee at the scheduled time and place of sale. The description of the

premises contained in said Mortgage shall control in the event of a typographical error in this

publication.

Other terms to be announced at the sale.

Signed:

ROCKLAND TRUST COMPANY,

present holder of said Mortgage,

By Its Attorneys,

Thomas E. Pontes, Esquire

WYNN & WYNN, P.C.

90 New State Highway

Raynham, MA 02767

Tel. No. (508) 823-4567

Loop Up Print

http://www.town.barnstable.ma.us/Assessing/print12.asp?searchparcel=120005[7/11/2012 9:16:12 AM]

Owner Information - Map/Block/Lot: 120 / 005/ - Use Code: 0101

Owner

Owner Name as of 1/1/12DUNHILL COMPANIES LTD 776 MAIN ST OSTERVILLE, MA. 02655

Co-Owner Name

Map/Block/LotGIS MAPS

120 / 005/ Property Address 182 OST.-W.BARN. RD Village: Osterville Town Sewer At Address: No

Assessed Values 2012 - Map/Block/Lot: 120 / 005/ - Use Code: 0101

2012 Appraised Value 2012 Assessed Value Past Comparisons

Building Value: $ 122,000 $ 122,000 Year Total AssessedValue

Extra 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: 0101

Taxes

C.O.M.M. FD Tax(Commercial) $ 183.93

C.O.M.M. FD Tax (Residential) $ 551.80Community Preservation ActTax $ 126.76

Town Tax (Commercial) $ 976.26

Town Tax (Residential) $3,249.07

$5,087.82

Fiscal Year 2012 TAX RATES HERE

Sales History - Map/Block/Lot: 120 / 005/ - Use Code: 0101

History:

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Owner: Sale Date Book/Page: Sale Price:DUNHILL COMPANIES LTD 12/21/2006 21634/12 $657447BUSH, JOE F & KATHLEEN M 11/13/1979 3013/288 $0

Sketches - Map/Block/Lot: 120 / 005/ - Use Code: 0101

As 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 Bedrooms USE CODE 0101Total Improvements Value $158,472 Bathrooms 1 Full + 1H Lot Size (Acres) 1.97Model Residential Total Rooms 6 Rooms Appraised Value $ 173,500Style Colonial Heat Fuel Gas Assessed Value $ 173,500Grade Average Heat Type Hot Water Year Built 1938 AC Type None Effective depreciation 23 Interior Floors CarpetHardwood Stories 2 Stories Interior Walls Plastered Living Area sq/ft 1,440 Exterior Walls Wood Shingle Gross Area sq/ft 2,352 Roof Structure Gable/Hip Roof Cover Asph/F Gls/Cmp

Outbuildings & Extra Features - Map/Block/Lot: 120 / 005/ - Use Code: 0101

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http://www.town.barnstable.ma.us/Assessing/print12.asp?searchparcel=120005[7/11/2012 9:16:12 AM]

Code Description Units/SQ ft Appraised Value Assessed ValueBMT Basement-Unfinished 720 $ 14,600 $ 14,600

WDCK Wood deckingw/railings 192 $ 1,900 $ 1,900

GEN Emergency Generator 1 $ 4,800 $ 4,800

GRN3 COMM PLASTIC-FAIR 672 $ 2,700 $ 2,700

GRN3 COMM PLASTIC-FAIR 672 $ 2,700 $ 2,700

GRN3 COMM PLASTIC-FAIR 672 $ 2,700 $ 2,700

GRN3 COMM PLASTIC-FAIR 2090 $ 8,500 $ 8,500

GRN3 COMM PLASTIC-FAIR 2660 $ 10,800 $ 10,800

GRN3 COMM PLASTIC-FAIR 2660 $ 10,800 $ 10,800

GRN3 COMM PLASTIC-FAIR 1372 $ 5,600 $ 5,600

SHED Shed 240 $ 2,200 $ 2,200

GRN2 COMM GLASS -GOOD 960 $ 10,100 $ 10,100

GRN2 COMM GLASS -GOOD 900 $ 9,500 $ 9,500

GRN2 COMM GLASS -GOOD 2940 $ 31,000 $ 31,000

FGR3 Garage-Good-WdShingle 960 $ 32,900 $ 32,900

FGR2 Garage- Avg-WdShingle 528 $ 8,600 $ 8,600

GRN2 COMM GLASS -GOOD 2940 $ 29,800 $ 29,800

GRN2 COMM GLASS -GOOD 2940 $ 29,800 $ 29,800

Sketch Legend

Property Sketch Legend

B2N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference OnlyBAS First Floor, Living Area FTS Third Story Living Area (Finished) SOL SolariumBMT Basement Area (Unfinished) FUS Second Story Living Area (Finished) TQS Three Quarters Story (Finished)BRN Barn GAR Garage UAT Attic Area (Unfinished)CAN Canopy GAZ Gazebo UHS Half Story (Unfinished)CLP Loading Platform GRN Greenhouse UST Utility Area (Unfinished)FAT Attic Area (Finished) GXT Garage Extension Front UTQ Three Quarters Story (Unfinished)FCP Carport KEN Kennel UUA Unfinished Utility AtticFEP Enclosed Porch MZ1 Mezzanine, Unfinished UUS Full Upper 2nd Story (Unfinished)

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FHS Half Story (Finished) PRG Pergola WDK Wood DeckFOP Open or Screened in Porch PTO Patio

Assessing As-Built Cards

http://www.town.barnstable.ma.us/Assessing/HMdisplay.asp?mappar=120005&seq=1[7/11/2012 9:17:26 AM]

Map: 120

Town of Barnstable Geographic Information System July 11, 2012

Parcel: 005DISCLAIMERS: This map is for planning purposes only. It is not adequate for legalboundary determination or regulatory interpretation. Enlargements beyond a scale of1”=100’ may not meet established map accuracy standards. The parcel lines on this mapare only graphic representations of Assessor’s tax parcels. They are not true propertyboundaries and do not represent accurate relationships to physical features on the mapsuch as building locations.

Selected Parcel

Abutters

Buffer

Owner: DUNHILL COMPANIES LTD

Co-Owner:

Location: 182 OST.-W.BARN. RD

Total Assessed Value: $514500

Acreage: 1.97 acres

Map: 120

Town of Barnstable Geographic Information System July 11, 2012

Parcel: 005DISCLAIMERS: This map is for planning purposes only. It is not adequate for legalboundary determination or regulatory interpretation. Enlargements beyond a scale of1”=100’ may not meet established map accuracy standards. The parcel lines on this mapare only graphic representations of Assessor’s tax parcels. They are not true propertyboundaries and do not represent accurate relationships to physical features on the mapsuch as building locations.

Selected Parcel

Abutters

Buffer

Owner: DUNHILL COMPANIES LTD

Co-Owner:

Location: 182 OST.-W.BARN. RD

Total Assessed Value: $514500

Acreage: 1.97 acres

Aerial Photos Taken July 10, 2009

LEAD PAINT PROPERTY TRANSFER NOTIFICATIONTO BE SIGNED BY PROSPECTIVE PURCHASER

PRIOR TO SIGNING A FORECLOSURE AUCTION SALE AGREEMENTAND MEMORANDUM OF TERMS AND CONDITIONS OF SALE FOR

RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978

The Massachusetts Department of Public Health's Notification was provided tothe prospective purchaser. The prospective purchaser has read the Notificationor has had it read to him/her.

The Auctioneer and/or the mortgagee and/or the attorney representingmortgagee has represented to the prospective purchaser that he/she has providedthe prospective purchaser with verbal information on the possible presence ofdangerous levels of lead paint, plaster, soil or other materials and the provisionsof the Lead Law and Regulations.

The prospective purchaser was verbally informed that because the property isbeing transferred by means of a foreclosure auction sale, the prospective purchaser may not be able toobtain a lead inspection either prior to executing the Foreclosure Auction Sale Agreement andMemorandum of Terms and Conditions of Sale or prior to paying the balance of proceeds due on the"Closing Date" referred to in the Memorandum of Terms and Conditions of Sale. The prospectivepurchaser was also verbally informed that prospective purchaser's obligations under the ForeclosureAuction Sale Agreement and Memorandum of Terms and Conditions of Sale are not contingent upon eitherthe availability or results of a lead inspection.

I, have been so informed and notified.

Date: _Purchaser

Address:

Date: _Attorney

Auctioneer

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

Email: justin@jjmanning.com