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Classifieds
August 10th, 2018
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WINDHAM UNIT DOCKET NO: 522-12-15 Wmcv CITIZENS BANK, NA Plaintiff v. SUSAN N. BROSNAN; BANK OF AMERICA, N.A.; OCCUPANTS RESIDING AT: 3378 UNDER THE MOUNTAIN ROAD SOUTH LONDONDERRY, VT 05155 Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Peter S. Brosnan and Susan N. Brosnan to Charter One Bank, FSB, its successors and/or assigns, dated January 18, 2001, and recorded in Book pp at Page 525-541 of the Town of South Londonderry Land Records, of which mortgage the undersigned is the present holder as successor by merger, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 10:00 AM on August 31, 2018 at 3378 Under the Mountain Road, South Londonderry, VT all and singular the premises described in said mortgage, To Wit: Being a portion of the lands and premises conveyed to Weston Land Consultants by Warranty Deed of David R. Johnson dated January 10, 1997 and recorded January 15, 1997 in Book 54, Page 224 of the Londonderry Land Records. Said lands and premises are more particularly described therein as follows: Beginning at a point marked by a 5/8th Inch re-rod set up 12 inches from the ground which point is a northeasterly corner of the parcel herein described and a southeasterly corner of lands simultaneously conveyed by the Grantors herein to Richard Schlanger and Catharina Schlanger; thence from the point of beginning running South 8 20' East, along other lands of the Grantees as distance of 1557.0 feet, more or less, to a point marking the southeasterly corner of the premises herein conveyed and a corner of other lands of the Grantees; thence running and running North 76 05' West continuing along a stone wall a distance of 928.0 feet to a point; thence running North 78 56' West along the stone wall which turns into a barbed wire fence a distance of 529.7 feet; thence continuing in said direction to a point marking the westerly corner of the premises herein conveyed, a corner; thence turning and running North 9 10' West a distance of 160 feet, more or less, to U.S. Government corner #96; thence running North 1 28' West a distance of 164.5 feet, more or less, to U.S. Government corner #94; thence running North 14 06' West a distance of 1368.9 feet, more or less, to the U.S. Government corner #9.; thence North 3 24' West a distance of 535 feet, more or less, to the U.S. Government corner #92 which point is a northwesterly corner of the parcel herein described and a southwesterly corner of the lands simultaneously conveyed to Schlanger; thence running the following four courses and distances along other lands conveyed to Schlanger: 1. South 56 38' 58" East a distance of 1383.64 feet to a point marked by a 5/8th inch re-rod set at the base of a 16 inch hemlock tree; 2. South 40 09' 49" East a distance of 407.76 feet to a point marked by a 5/8th inch re-rod set up 12 inches in the ground; 3. South 85 25' 46: East a distance of 133.25 feet to a point marked by a 5/8th inch re-rod set at the base of a 12 inch oak tree; 4. South 48 50' 34" West a distance of 144.80 feet to the point and place of beginning. Meaning and intending hereby to convey 60 acres as the same as depicted on the referenced surveys. The premises are conveyed subject to all restrictive covenants or record including a restriction that only one house and appurtenant structures and outbuildings may be built on the subject premises. Reference may be had to a certain survey map entitled "Property to be Purchased by the Conservation Society of So. VT from Joseph J. Whelan" prepared by Dauchy DiBernardo Assoc. dated July 22, 1971 and filed in the Town of Londonderry Land Records. Reference is also had to a certain survey map entitled "Survey Prepared for Jeff Yrsha, Londonderry, Windham County, Vermont" prepared by Dauchy-Creamer Associates, LLC dated January 8, 2001 and to be recorded in the Town of Londonderry Land Records. The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Terms of Sale: $10,000.00 to be paid in cash or by certified check by the purchaser at the time of sale, with the balance due at closing. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the said mortgage above described. The Mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at sale. Citizens Bank, NA, Jennifer L. Maynard, Esq. Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, RI 02860 877-575-1400
Classifieds
August 3rd, 2018
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WINDHAM UNIT DOCKET NO: 522-12-15 Wmcv CITIZENS BANK, NA Plaintiff v. SUSAN N. BROSNAN; BANK OF AMERICA, N.A.; OCCUPANTS RESIDING AT: 3378 UNDER THE MOUNTAIN ROAD SOUTH LONDONDERRY, VT 05155 Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Peter S. Brosnan and Susan N. Brosnan to Charter One Bank, FSB, its successors and/or assigns, dated January 18, 2001, and recorded in Book pp at Page 525-541 of the Town of South Londonderry Land Records, of which mortgage the undersigned is the present holder as successor by merger, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 10:00 AM on August 31, 2018 at 3378 Under the Mountain Road, South Londonderry, VT all and singular the premises described in said mortgage, To Wit: Being a portion of the lands and premises conveyed to Weston Land Consultants by Warranty Deed of David R. Johnson dated January 10, 1997 and recorded January 15, 1997 in Book 54, Page 224 of the Londonderry Land Records. Said lands and premises are more particularly described therein as follows: Beginning at a point marked by a 5/8th Inch re-rod set up 12 inches from the ground which point is a northeasterly corner of the parcel herein described and a southeasterly corner of lands simultaneously conveyed by the Grantors herein to Richard Schlanger and Catharina Schlanger; thence from the point of beginning running South 8 20' East, along other lands of the Grantees as distance of 1557.0 feet, more or less, to a point marking the southeasterly corner of the premises herein conveyed and a corner of other lands of the Grantees; thence running and running North 76 05' West continuing along a stone wall a distance of 928.0 feet to a point; thence running North 78 56' West along the stone wall which turns into a barbed wire fence a distance of 529.7 feet; thence continuing in said direction to a point marking the westerly corner of the premises herein conveyed, a corner; thence turning and running North 9 10' West a distance of 160 feet, more or less, to U.S. Government corner #96; thence running North 1 28' West a distance of 164.5 feet, more or less, to U.S. Government corner #94; thence running North 14 06' West a distance of 1368.9 feet, more or less, to the U.S. Government corner #9.; thence North 3 24' West a distance of 535 feet, more or less, to the U.S. Government corner #92 which point is a northwesterly corner of the parcel herein described and a southwesterly corner of the lands simultaneously conveyed to Schlanger; thence running the following four courses and distances along other lands conveyed to Schlanger: 1. South 56 38' 58" East a distance of 1383.64 feet to a point marked by a 5/8th inch re-rod set at the base of a 16 inch hemlock tree; 2. South 40 09' 49" East a distance of 407.76 feet to a point marked by a 5/8th inch re-rod set up 12 inches in the ground; 3. South 85 25' 46: East a distance of 133.25 feet to a point marked by a 5/8th inch re-rod set at the base of a 12 inch oak tree; 4. South 48 50' 34" West a distance of 144.80 feet to the point and place of beginning. Meaning and intending hereby to convey 60 acres as the same as depicted on the referenced surveys. The premises are conveyed subject to all restrictive covenants or record including a restriction that only one house and appurtenant structures and outbuildings may be built on the subject premises. Reference may be had to a certain survey map entitled "Property to be Purchased by the Conservation Society of So. VT from Joseph J. Whelan" prepared by Dauchy DiBernardo Assoc. dated July 22, 1971 and filed in the Town of Londonderry Land Records. Reference is also had to a certain survey map entitled "Survey Prepared for Jeff Yrsha, Londonderry, Windham County, Vermont" prepared by Dauchy-Creamer Associates, LLC dated January 8, 2001 and to be recorded in the Town of Londonderry Land Records. The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Terms of Sale: $10,000.00 to be paid in cash or by certified check by the purchaser at the time of sale, with the balance due at closing. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the said mortgage above described. The Mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at sale. Citizens Bank, NA, Jennifer L. Maynard, Esq. Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, RI 02860 877-575-1400
Classifieds
July 27th, 2018
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: Lots 3 and 4, Mann Road, Wilmington, Vermont By virtue and in execution of the Power of Sale contained in a certain mortgage given by Hitchcock Lands, LLC, dated June 26, 2017, and recorded in Volume 334, Page 364 of the land records of the Town of Wilmington, 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 on August 31, 2018 at the times and locations set forth below: Lot 3, Mann Road, Wilmington, Windham County, Vermont at 11:00 a.m. at the mortgaged premises Lot 4, Mann Road, Wilmington, Windham County, Vermont at 11:30 a.m. at the mortgaged premises. To wit: Being part of the same lands and premises conveyed to Hitchcock Lands, LLC by Warranty Deed of Vermont Center for Deaf & Hard of Hearing, Inc. dated July 2, 2014 and recorded in Book 312, Page 179 of the Wilmington, Vermont Land Records. Being Lots No. 3, consisting of 1.82 +/- acres, and No. 4, consisting of 3.38 +/- acres, of the Hitchcock Lands Development, Mann Road, Wilmington, Vermont as delineated on a plan entitled "Subdivision Plan prepared for Hitchcock Lands, LLC, Mann Road, Wilmington, Vermont: prepared by Joyce Land Surveying Corp., recorded March 2, 2017 in with Wilmington Land Records. Also conveying an easement in common with Lots # 1, 2 & 5 for ingress, egress, and all utilities, including wastewater, potable water, electric, and other utilities over and across lot #5, 2 & 1, all as depicted on the aforementioned survey. The premises are subject to the Town of Wilmington Permit #2015-021 for a five lit subdivision, recorded April 24, 2015 in Book 318, page 186 of the Wilmington land records. The premises are also subject to the Town of Wilmington Driveway access permit #2015-001, recorded October 23, 2015 at Book 322, page 6 of the Wilmington, Vermont land records. The premises are subject to the Vermont Department of Environmental Conservation, Drinking Water & Groundwater Protection Division, Wastewater and Potable Water Supply Permit No. WW-2-4855 as recorded at Book 324, page 14 of the Wilmington, Vermont land records. The premises are also subject to the Public Water System Construction permit #C-3256-15.0 recorded at Book 324, pare 231 of the Wilmington, Vermont land records. The premises are subject to the Vermont Wetland General permit #3-9025 recorded at Book 324, page 228 of the Wilmington, Vermont land records. All lots are benefitted by a certain easement granted from Hermitage Inn Real Estate Holding Company, LLC to Hitchcock Lands, LLC for water and utilities by easement deed recorded April 3, 2015 in Book 317, Page 485 of the Wilmington Land Records. The description set forth in the mortgage shall control in the event of a typographical error in this notice. This property is subject to any and all utility line easements, water rights and public highway rights of record, if any, or permits which pertain to and affect the subject lands and premises. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price for each property must be paid in cash, certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. All deposit funds shall be non-refundable. The remaining balance of the purchase price shall be paid in cash, wire transfer, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. The sale will be by public auction. The mortgagor and all junior lienholders are hereby notified that at any time before the foreclosure sale, the mortgagor and all junior lienholders have a right to petition the Civil Division of the Superior Court for the county in which the mortgaged property is situated, with service upon the mortgagee, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale. Failure to institute such petition and complete service upon the foreclosing party, or the party's agent, conducting the sale prior to sale shall thereafter bar any action or right of action of the mortgagor or any junior lienholder based on the validity of the foreclosure, the right of the mortgagee to conduct the foreclosure sale, or compliance by the mortgagee with the notice requirements and other conditions of this section. An action to recover damages resulting from the sale of the mortgaged property on the date of the sale may be commenced at any time within one year following the date of the sale, but not thereafter. The mortgagor and all junior lienholders are entitled to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale or inquire by contacting the undersigned counsel for the mortgagee. June 18, 2018 Jeffrey J. Hardiman, Esquire jhardiman@shslawfirm.com SHECHTMAN HALPERIN SAVAGE, LLP 1080 Main Street Pawtucket, RI 02860 Attorney for RCN Capital Funding, LLC Present Holder of the Mortgage (4
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 38 Stag's Leap Lane and 18 Haystack Mountain Lane, Wilmington, Vermont By virtue and in execution of the Power of Sale contained in a certain mortgage given by Hermitage Inn Real Estate Holding Company, LLC, dated February 6, 2017, and recorded in Volume 332, Page 77 and in the Collateral Assignment of Leases and Rents ("CALR") recorded in Book 332, Page 109 of the land records of the Town of Wilmington, of which mortgage and CALR the undersigned is the present holder, for breach of the conditions of said mortgage and CALR and for the purpose of foreclosing the same will be sold at Public Auction on August 31, 2018 at the times and locations set forth below: 38 Stag's Leap Lane (aka 11 Hayloft Lane), Wilmington, Windham County, Vermont (Tax parcel ID# HSSTAGLP.H08) at 12:30 p.m. at the mortgaged premises 18 Haystack Mountain Lane, Wilmington, Windham County, Vermont (Tax parcel ID# MSMTNLANE.HS) at 1:00 p.m. at the mortgaged premises. The other real property secured by the subject mortgage was released and is not being foreclosed. To wit: 18 Haystack Mountain Lane, Wilmington, Vermont: Being part of the lands and premises conveyed to Hermitage Inn Real Estate Holding Company, LLC by Warranty Deed of Alt Charities, Inc. f/k/a I Cornell, Inc. dated October 7, 2011 and recorded at Book 289, Pages 122-158 of the Wilmington, Vermont Land Records. Being Townhouse Lot H1(2) 18 Haystack Mountain Lane Tax Map #: HSMTNLANE.HS as depicted on a plan entitled "Hermitage Inn Real Estate Holding Company, LLC, The Hermitage Club at Haystack Mountain Residential Villages" prepared by Joyce Land Surveying Corp., dated April 13, 2014 and recorded at Slide 173 if the Wilmington, Vermont Land Records and As Built Survey Plot Plan entitled "As Built for 18 Haystack Mountain Lane, The Hermitage Club at Haystack Mountain" dated November 12, 2014 and also recorded at Slide 173 of the Wilmington Land Records. Said Townhouse lot H1(2) is more particularly described as follows: Being a townhouse lot, the southeast corner of which is located N 46 48' 29" W a distance of 453.75 feet from a point marked by an iron bar, said iron bar being N 00 55' 43" E a distance of 312.72 feet from a point marked by an iron pin marking the northwest corner of the lands and premises of the new Powderhorn Village common lands (the iron bar being uphill from the upper entrance to Powderhorn). Reference is hereby made to a deed from Hermitage Inn Real Estate Holding Company, LLC to Hermitage Inn Real Estate Holding Company, LLC dated August 15, 2012 and recorded August 17, 2012 in Book 296, Pages 328-329 of the Wilmington, Vermont Land Records; the sole purpose of this deed was to merge the "Ski Area Parcel" with the "Haystack Base Lodge Parcel" for purposes of Zoning. Said lands are conveyed subject to terms and conditions of the Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated November 7, 2008 and recorded in Volume 265, Page 158 of the Wilmington, Vermont Land Records and as amended and Restated and recorded December 12, 2012 in Volume 300, Pages 56-101 of the Wilmington, Vermont Land Records, Amended and Restates Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated November 9, 2012 and recorded in Book 300, Page 56, of the Wilmington Land Records; First Amendment to the Amended and Restated Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated October 25, 2013 and recorded October 29, 2014 in Book 314, Pages 200-202 of the Wilmington, Vermont Land Records; and Second Amendment to the Amended and Restated Declaration of Covenants and Restrictions for the Chamonix Townhouse Village recorded October 6, 2016 in Book 329, Page 94 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to the terms and conditions of the State of Vermont Land Use Permit 700002-20 and amendments thereto, dated November 6, 2013 and recorded in Book 307, Page 292 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to the terms and conditions of Town of Wilmington DRB Permit 2013-044 dated June 26, 2013 and recorded in Book 360, Page 35 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to terms and conditions of State of Vermont Wastewater and Potable Water Supply Permit No. WW-2-0100-8R recorded October 10, 2013 in Book 306, Page 424 and WW-2-0100-8R recorded December 24, 2015 in Book 323, Pages 262-263 of the Wilmington, Vermont Land Records and Ww-2-0100-8R. Said lands are conveyed subject to Easement of Green Mountain Power recorded June 25, 2014 in Book 312, Page 45 of the Wilmington, Vermont Land Records. Subject to Agreements for Water and Sewage Disposable Services between Hermitage Inn Real Estate Holding Company, LLC and Cold Brook Fire District No. 1 recorded in Book 312, Page 25 and Book 306, Page 492 of the Wilmington Land Records. 1. There is hereby Excepted and Reserved to Grantor, its successor and assigns, blanket easements upon, across, above and under all property within the Townhouse Village for road access, ingress, egress, installation, repairing, replacing and maintaining all utilities serving the premises or any portion thereof, including, but not limited to gas, water, sewer, roads, sewer, telephone and electricity as well as storm drainage and any other service such as, but not limited to, a master television antenna system, cable television system, or security system. 2. There is hereby Excepted and Reserved to Grantor, its successor and assigns an easement for the use of ski trails which run through the premises. Included in this easement is the right to construct and to maintain and repair the ski trails, the right to place snow-making equipment therein, the right to groom the ski trails with snow-making and snow grooming equipment, and the right to install a Transfer Life through the premises. 3. Reserving to Grantor, its successors, affiliates, partners and assigns, the following rights in and pertaining to the lands and premises herein conveyed: 1) A right of first refusal in and to the lands and premises herein conveyed. In the event that the Grantees, their heirs and assigns, receive a bona fide offer to purchase the premises herein conveyed, the Grantees, their heirs and assigns, shall provide written notice within 48 hours to Grantor, its successors and assigns, of the purchase and sale contract. Grantor, its successors and assigns shall have 3 days in which to notify in writing the Grantees, their heirs and assigns, of its intent to purchase the premises for the same price as is set forth in the purchase and sale contract. In the event that Grantor, its successors and assigns, exercises the right of first refusal, it shall consummate the transaction by closing within 30 days thereafter. 2) The right to exclusively market the property for sale through Grantor's Real Estate brokerage. The premises herein conveyed are conveyed subject to the aforementioned reserved rights and said reservations shall be deemed to be covenants and restrictions which shall run wit
Classifieds
July 20th, 2018
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: Lots 3 and 4, Mann Road, Wilmington, Vermont By virtue and in execution of the Power of Sale contained in a certain mortgage given by Hitchcock Lands, LLC, dated June 26, 2017, and recorded in Volume 334, Page 364 of the land records of the Town of Wilmington, 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 on August 31, 2018 at the times and locations set forth below: Lot 3, Mann Road, Wilmington, Windham County, Vermont at 11:00 a.m. at the mortgaged premises Lot 4, Mann Road, Wilmington, Windham County, Vermont at 11:30 a.m. at the mortgaged premises. To wit: Being part of the same lands and premises conveyed to Hitchcock Lands, LLC by Warranty Deed of Vermont Center for Deaf & Hard of Hearing, Inc. dated July 2, 2014 and recorded in Book 312, Page 179 of the Wilmington, Vermont Land Records. Being Lots No. 3, consisting of 1.82 +/- acres, and No. 4, consisting of 3.38 +/- acres, of the Hitchcock Lands Development, Mann Road, Wilmington, Vermont as delineated on a plan entitled "Subdivision Plan prepared for Hitchcock Lands, LLC, Mann Road, Wilmington, Vermont: prepared by Joyce Land Surveying Corp., recorded March 2, 2017 in with Wilmington Land Records. Also conveying an easement in common with Lots # 1, 2 & 5 for ingress, egress, and all utilities, including wastewater, potable water, electric, and other utilities over and across lot #5, 2 & 1, all as depicted on the aforementioned survey. The premises are subject to the Town of Wilmington Permit #2015-021 for a five lit subdivision, recorded April 24, 2015 in Book 318, page 186 of the Wilmington land records. The premises are also subject to the Town of Wilmington Driveway access permit #2015-001, recorded October 23, 2015 at Book 322, page 6 of the Wilmington, Vermont land records. The premises are subject to the Vermont Department of Environmental Conservation, Drinking Water & Groundwater Protection Division, Wastewater and Potable Water Supply Permit No. WW-2-4855 as recorded at Book 324, page 14 of the Wilmington, Vermont land records. The premises are also subject to the Public Water System Construction permit #C-3256-15.0 recorded at Book 324, pare 231 of the Wilmington, Vermont land records. The premises are subject to the Vermont Wetland General permit #3-9025 recorded at Book 324, page 228 of the Wilmington, Vermont land records. All lots are benefitted by a certain easement granted from Hermitage Inn Real Estate Holding Company, LLC to Hitchcock Lands, LLC for water and utilities by easement deed recorded April 3, 2015 in Book 317, Page 485 of the Wilmington Land Records. The description set forth in the mortgage shall control in the event of a typographical error in this notice. This property is subject to any and all utility line easements, water rights and public highway rights of record, if any, or permits which pertain to and affect the subject lands and premises. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price for each property must be paid in cash, certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. All deposit funds shall be non-refundable. The remaining balance of the purchase price shall be paid in cash, wire transfer, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. The sale will be by public auction. The mortgagor and all junior lienholders are hereby notified that at any time before the foreclosure sale, the mortgagor and all junior lienholders have a right to petition the Civil Division of the Superior Court for the county in which the mortgaged property is situated, with service upon the mortgagee, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale. Failure to institute such petition and complete service upon the foreclosing party, or the party's agent, conducting the sale prior to sale shall thereafter bar any action or right of action of the mortgagor or any junior lienholder based on the validity of the foreclosure, the right of the mortgagee to conduct the foreclosure sale, or compliance by the mortgagee with the notice requirements and other conditions of this section. An action to recover damages resulting from the sale of the mortgaged property on the date of the sale may be commenced at any time within one year following the date of the sale, but not thereafter. The mortgagor and all junior lienholders are entitled to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale or inquire by contacting the undersigned counsel for the mortgagee. June 18, 2018 Jeffrey J. Hardiman, Esquire jhardiman@shslawfirm.com SHECHTMAN HALPERIN SAVAGE, LLP 1080 Main Street Pawtucket, RI 02860 Attorney for RCN Capital Funding, LLC Present Holder of the Mortgage (4
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises: 38 Stag's Leap Lane and 18 Haystack Mountain Lane, Wilmington, Vermont By virtue and in execution of the Power of Sale contained in a certain mortgage given by Hermitage Inn Real Estate Holding Company, LLC, dated February 6, 2017, and recorded in Volume 332, Page 77 and in the Collateral Assignment of Leases and Rents ("CALR") recorded in Book 332, Page 109 of the land records of the Town of Wilmington, of which mortgage and CALR the undersigned is the present holder, for breach of the conditions of said mortgage and CALR and for the purpose of foreclosing the same will be sold at Public Auction on August 31, 2018 at the times and locations set forth below: 38 Stag's Leap Lane (aka 11 Hayloft Lane), Wilmington, Windham County, Vermont (Tax parcel ID# HSSTAGLP.H08) at 12:30 p.m. at the mortgaged premises 18 Haystack Mountain Lane, Wilmington, Windham County, Vermont (Tax parcel ID# MSMTNLANE.HS) at 1:00 p.m. at the mortgaged premises. The other real property secured by the subject mortgage was released and is not being foreclosed. To wit: 18 Haystack Mountain Lane, Wilmington, Vermont: Being part of the lands and premises conveyed to Hermitage Inn Real Estate Holding Company, LLC by Warranty Deed of Alt Charities, Inc. f/k/a I Cornell, Inc. dated October 7, 2011 and recorded at Book 289, Pages 122-158 of the Wilmington, Vermont Land Records. Being Townhouse Lot H1(2) 18 Haystack Mountain Lane Tax Map #: HSMTNLANE.HS as depicted on a plan entitled "Hermitage Inn Real Estate Holding Company, LLC, The Hermitage Club at Haystack Mountain Residential Villages" prepared by Joyce Land Surveying Corp., dated April 13, 2014 and recorded at Slide 173 if the Wilmington, Vermont Land Records and As Built Survey Plot Plan entitled "As Built for 18 Haystack Mountain Lane, The Hermitage Club at Haystack Mountain" dated November 12, 2014 and also recorded at Slide 173 of the Wilmington Land Records. Said Townhouse lot H1(2) is more particularly described as follows: Being a townhouse lot, the southeast corner of which is located N 46 48' 29" W a distance of 453.75 feet from a point marked by an iron bar, said iron bar being N 00 55' 43" E a distance of 312.72 feet from a point marked by an iron pin marking the northwest corner of the lands and premises of the new Powderhorn Village common lands (the iron bar being uphill from the upper entrance to Powderhorn). Reference is hereby made to a deed from Hermitage Inn Real Estate Holding Company, LLC to Hermitage Inn Real Estate Holding Company, LLC dated August 15, 2012 and recorded August 17, 2012 in Book 296, Pages 328-329 of the Wilmington, Vermont Land Records; the sole purpose of this deed was to merge the "Ski Area Parcel" with the "Haystack Base Lodge Parcel" for purposes of Zoning. Said lands are conveyed subject to terms and conditions of the Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated November 7, 2008 and recorded in Volume 265, Page 158 of the Wilmington, Vermont Land Records and as amended and Restated and recorded December 12, 2012 in Volume 300, Pages 56-101 of the Wilmington, Vermont Land Records, Amended and Restates Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated November 9, 2012 and recorded in Book 300, Page 56, of the Wilmington Land Records; First Amendment to the Amended and Restated Declaration of Covenants and Restrictions for the Chamonix Townhouse Village dated October 25, 2013 and recorded October 29, 2014 in Book 314, Pages 200-202 of the Wilmington, Vermont Land Records; and Second Amendment to the Amended and Restated Declaration of Covenants and Restrictions for the Chamonix Townhouse Village recorded October 6, 2016 in Book 329, Page 94 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to the terms and conditions of the State of Vermont Land Use Permit 700002-20 and amendments thereto, dated November 6, 2013 and recorded in Book 307, Page 292 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to the terms and conditions of Town of Wilmington DRB Permit 2013-044 dated June 26, 2013 and recorded in Book 360, Page 35 of the Wilmington, Vermont Land Records. Said lands are conveyed subject to terms and conditions of State of Vermont Wastewater and Potable Water Supply Permit No. WW-2-0100-8R recorded October 10, 2013 in Book 306, Page 424 and WW-2-0100-8R recorded December 24, 2015 in Book 323, Pages 262-263 of the Wilmington, Vermont Land Records and Ww-2-0100-8R. Said lands are conveyed subject to Easement of Green Mountain Power recorded June 25, 2014 in Book 312, Page 45 of the Wilmington, Vermont Land Records. Subject to Agreements for Water and Sewage Disposable Services between Hermitage Inn Real Estate Holding Company, LLC and Cold Brook Fire District No. 1 recorded in Book 312, Page 25 and Book 306, Page 492 of the Wilmington Land Records. 1. There is hereby Excepted and Reserved to Grantor, its successor and assigns, blanket easements upon, across, above and under all property within the Townhouse Village for road access, ingress, egress, installation, repairing, replacing and maintaining all utilities serving the premises or any portion thereof, including, but not limited to gas, water, sewer, roads, sewer, telephone and electricity as well as storm drainage and any other service such as, but not limited to, a master television antenna system, cable television system, or security system. 2. There is hereby Excepted and Reserved to Grantor, its successor and assigns an easement for the use of ski trails which run through the premises. Included in this easement is the right to construct and to maintain and repair the ski trails, the right to place snow-making equipment therein, the right to groom the ski trails with snow-making and snow grooming equipment, and the right to install a Transfer Life through the premises. 3. Reserving to Grantor, its successors, affiliates, partners and assigns, the following rights in and pertaining to the lands and premises herein conveyed: 1) A right of first refusal in and to the lands and premises herein conveyed. In the event that the Grantees, their heirs and assigns, receive a bona fide offer to purchase the premises herein conveyed, the Grantees, their heirs and assigns, shall provide written notice within 48 hours to Grantor, its successors and assigns, of the purchase and sale contract. Grantor, its successors and assigns shall have 3 days in which to notify in writing the Grantees, their heirs and assigns, of its intent to purchase the premises for the same price as is set forth in the purchase and sale contract. In the event that Grantor, its successors and assigns, exercises the right of first refusal, it shall consummate the transaction by closing within 30 days thereafter. 2) The right to exclusively market the property for sale through Grantor's Real Estate brokerage. The premises herein conveyed are conveyed subject to the aforementioned reserved rights and said reservations shall be deemed to be covenants and restrictions which shall run wit
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