11111.

,11

Bk: 23392 Pg: 69 Page: 1 of 5 Reoorded: 09/23/2009 10:40 AM

FORECLOSURE DEED and AFFIDAVIT

THE BANK OF NEW YORK MELLON AS TRUSTEE FOR THE CERTIFlCATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-17, a corporation duly established under the laws of State of Delaware, and having a mailing address at c/o BAC Home Loans servicing, LP, f/k/ a countrywide Home Loans Servicing LP, 7105 Corporate Drive, Plano, TX 75024

assignee and present holder of a mortgage

from Scott F. Waldrip

to Mortgage Electronic Registration Systems, Inc. ("MERS") solely as nominee

for Lender (1-800-East-West Mortgage Company) and Lender's successors and assigns

dated

November 16, 2005

recorded in the Middlesex County

-

c

ro <Jl ro a)

0::

C") '<t '<t

(Northern District) Registry of Deeds

page

133* t

in

Book 19538,

by the power conferred by said mortgage and every other power,

for

ONE HUNDRED SIXTY THREE THOUSAND AND 00/100 ($163,000.00) DOLLARS

iii <Jl a)

....

"0

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....

a) o, o

....

o,

paid, grants to

PENNYMAC LLC, a Massachusetts limited liability company having a principal place of business located at 122 Warren Avenue, Plymouth, MA 02360

the premises conveyed by said mortgage.

MASSAOHUSETTS EXOISE TAX Middlesex North ROD 1114 001 Date: 09/23/2009 10:40 AM

Otrlll 039497 07868 00011 00048022 Fee: $743.2800ns: $163,000.00

* - which mortgage was assigned to The Bank of New York Mellon as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-17 by instrument dated December 1, 2008, and recorded in the Middlesex County (Northern District) Registry of Deeds in Book 23138, Page 171.

SHOCKET & DOCKSER, LLP 13 Tech Circle

P.O. Box 2219

Natiok, MA. 01760

Witness the execution and the corporate seal of said corporation this

day of

SEP ° 3 2009

_________________ , 2009.

See attached certified copy of Limited Power of Attorney filed with the Plymouth County Registry District of the Land Court as Doc # 622909

THE BANK OF NEW YORK MELLON AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-17 BY BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP,

BY BAC GP, LLC, F/K/A COUNTRYWIDE GP, LLC, GENERAL PARTNER, UNDER LIMITED POWER OF ATTORNEY

BY:~~~r~ =============----

Name: KIMBERL Y DAWSON

Title: VICE PRESIDENT

STATE OF TEXAS

Collin County, ss.

_S_E_P_O_3 -,-,-20,,-,,0-=:....9 _, 2009

Then personally appeared the above named

Kimberly Dawson , and acknowledged the foregoing instrument

to be the free act and deed of BAC GP, LLC, f/k/a Countrywide GP, LLC, General Partner of BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing LP, for The Bank of New York Mellon as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series

20~'W;iX VMtj ~o~arY ~blic

My commission expires HAY 0' 5 2010

"

20

JORGE VARGAS Notary Public STATE OF TEXAS My Comm. Exp.05-05-10

CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 of 1969

Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefore. if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section.

AFFIDAVIT

I, Kimberly Dawson of BAC GP, LLC, f/k/a Countrywide GP, LLC, General Partner of BAC Home Loans servicing, LP, f/k/a countrywide Home Loans Servicing LP I for The Bank of New York Mellon AS Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-17

named in the foregoing deed, make oath and say that the principal and interest obligations mentioned in the mortgage above referred to were not paid or tendered or performed when due or prior to the sale, and that

The Bank of New York Mellon as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-17

published on the 23rd and 30th days of July and the 6th day of August, 2009 in the Tewksbury Advocate, a newspaper published or by its title page purporting to be published in Needham, Massachusetts, and having a circulation therein, a notice of which the following is a true copy, there being no newspaper published in the Town of Tewksbury and the Tewksbury Advocate having a general circulation in the Town of Tewksbury

FOR A TRUE COpy OF THE PUBLICATION

SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (Insert Advertisement)

I also complied with Mass. General Laws, Chapter 244. Section 14, as amended, by mailing the required notices by certified mail. return receipt requested.

Pursuant to said notice at the time and place therein appointed

I

sold the mortgage premises at public auction by

Sean J. Paine

an auctioneer, to Michael Schneider

above named, for ONE HUNDRED SIXTY THREE THOUSAND AND 00/100 ($163,000.00) DOLLARS

bid by Michael Schneider

, being the highest bid made therefore at said auction which bid was assigned to PennyMac LLC, as more particularly described in the Assignment of Bid For Value attached hereto as Exhibit B.

N_ and Titleo ~BERL Y DAWSON VICE PRESIDENT

SEP 0 3 2009

Kimberl" n"\AI~""

VlC£I'RESIDENT ~

me,

PHI)~{/C/iFNOtarY Public

My commission exPireJ1AY 0 5 201020

signed and sworn to by the said

on

_______________ , 2009, before

JORGE VARGAS Notary Public STATE OF TeXAS My Comm. Exp. 05-05-10

, 443 PLEASANT'STREET

LEGAL NOTICE MQRTGAGEE'S SALE OF

BEALESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott F. Waldrip to Mortgage Electronic Registration Systems, Inc. ('MERS") solely as nominee lor Lender (1- 800-East-West Mortgage Company) and Lender's successors and assigns, dated November 16, 2005, and recorded in the Middlesex County (Northern District) Registry of Deeds in Book 19538, Page 133, which mortgage was assigned to The Bank of New York Mellon as Trustee for the Certificateholders CWABS, Inc. AssetBacked Certificates, Sel"ies2005-17 by assignment dated December 1, 2008, and recorded in the. Middlesex County (Northern District) Registry of Deeds in Book 23138, Page 171, of which mortgage the undersigned is the assignee and tlie present holder, for breach of the conditionsof said mortgage and for the purpose of foreclosing, ttie same will be sold at public. auction at 11:00 A.M_ on Tuesday the 18th day ot August,~009, on the mortgaged premises located at 443 Pleasant Street, Tewksbury, Massachusetts, all and singular the real estate described in said mortgage as follows:

• ... the following described property located In the COUNTY of MIDDLESEX:

SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF

Exhibit A

The land at 443 Pleasant Street, Tewksbury, Middlesex County, Massachusetts, being shown as Lot 33 on a plan entitled 'Subdivision of Land in Tewksbury, Mass., for John J. Shields', dated November 9,1954, Dana F. Perkins and Sons, Inc. Civil Engineers and Surveyors, recorded with the Middlesex North Distric.t Registry of Deeds, Plan Book 84, Plan 195.

1. Notice of variance by the Town of Tewksbury Board of Appeals, dated September 9,1985 and recorded wHh said deeds at Book 3209, Page 286.

Bein!! the same premises conveyed to the herein named mortgagor (5) by deed recorded with Middlesex North District Registry of Deeds herewith.

Parc.eIID Number: which currently has the address of 443 PLEASANT STREET, TEWKSBURY, Massachusetts 01876 ('Property Address'):

TOGETHER WITH all Ihe Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the fOregoing is referred to in this Security Instrument as the "Property" .•. '

Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assassments,liens or claims in the nature of Hens, and existing encumbrances of record created prior to the mortgage, if any there be.

EXHIBIT A

Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, totenancfes or occupations by persons on the premises now or at the time of the .sald auction which tenancies or occupations are subject to said mortgage, 10 rights or claims In personal property instaned by tenants o~ former tenants now located on the premses, and also to all laws and ordinances including, but not limited to, aHbuilding and zoning laws and ordif1anoss.

TH~ TERMS OF rL;: FIVE THOUSA 0 and 00/100 ( 5,000.00) DOLLAR~ will be required to be paid by bank or certi-

fied check only by thipurchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty five (35) days thereafter with Attomeys Stanton 8. Davis 1000 Plain Street, Marshfield, MassaChusetts.l:he successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale.

Other terms, if any, to be announced at the time and place of the sale.

SIGNED: The Bank of New YolII Mellon as Trustee for the CertificatehOiders CWABS, Inc. Asset-Backed Certificates, Series 2005-17, Present Holder of Said Mortgage, By: STANTON & DAVIS, As Its Attomeys, FROM THE OFFICES OF:

Jon S. Davis, Esquire, STANTON & DAVIS, . 1000 Plain Street, Marshfield, MA 02050,

,(781) 834-9181

(1253-2828-1106F/Waldrip)(07/23/09, 07/30/09,08106109)(162137)

AD#12013888

Tewksbury Advocate 7123, 7/30, 816109 A

EXHIBI.T B

ASSIGNMENT OF BID FOR VALUE

For value received being ONEIlUN'D1U:O SIXTY'I'HREE THOUSAND ANOOO/I,OC ($i63., ooo.OOJIiOLLARS paid, the llXldersigneo,hereby assIgns h~s bid to PennyMac Lt.C, all o:e li.isdg.ht, titie aI).d interest in and to and urlder a Memorandum of Sale of Real Property by Auctioneer, dated Aug\lst 1~,20()9,. in connection with the premises situated at 443 Pleasant Street, Tewksbury',IVIaSsa.chUlJetts" whicllb the eu,:tbject of a mortgage given. by Scott F. Waldrtp,toMortga,se Eledtrob,ic Registratipnsystems, Inc. ("MERS") solely as nominee for Lender (1-8o.Q-Ea,st-West Mortgage Company) and Lender's sllcCessors and assigns dated Novelhber 16, 20.0.5, artdrec'o.rded iI).the Middl.esexcounty {Northern Dist:rict) Registry of DeeAS iI). .Book 1.9538, Page 133, whichrnortgage. WCl.lilassigned to The 'Bank of New YOrkt<iellona,B Trustee for the Certificate'holders CWABS, Inc. Aaset-B'ackedGertificates'., Series 2005-17 by instrume'nt dated Decelllber 1, 200.8, andre.corded in the Middlesex county (Northern District) Registry of Deeds in Book 23139, Page 171 ,

This assignment is made without recou.rse ahd subjeCl;:to all terms and conditions in the said Memorandum of Sale and AciditionalTerms and Noti.s:esaf Mort'gagee's Sale of Real Estate.

witness my hand and seal. this J!1i1J_day

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