Mortgagee Notice of Sale of Real Estate | Legal Notice

STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WINDHAM UNIT DOCKET NO. 147-5-19 Wmcv _______________________ TD BANK, NA Applicant VS. RICHARD E. WILSON, et al. Defendants ________________________ NOTICE OF SALE OF REAL ESTATE BY MORTGAGE CREDITOR Pursuant to and pursuant to the judgment and decree of foreclosure by sale entered into on January 27, 2020 and the power of sale contained in a certain mortgage given by Richard E. Wilson and Kimberlee Wilson (the “mortgagors”) to TD Bank, NA, as lender, her successors and assigns (the “mortgagor”) and recorded in Volume 141 at page 581 of the Whitingham Land Records, of which the the undersigned is the current holder of the Mortgage, for breach of the terms of said Mortgage and for the purpose of foreclosure, this will be sold at public auction at 39 McMillian Road, Whitingham, Windham County, Vermont at 12:00 p.m. on February 15, 2022 all and singular the premises described in said mortgage, namely: A CERTAIN PART OF LAND IN THE CITY OF WHITINGHAM IN THE COUNTY OF WINDHAM AND THE STATE OF VERMONT DESCRIBED AS FOLLOWS, TO SAVO IR: SAID IRELAND ROAD, SAID POINT ALSO MARKING THE SOUTHWEST CORNER OF LOT 6 AS SHOWN ON A PLAN TITLED “LAND OF PATTEN REALTY CORP. WHITINGHAM AND HALIFAX, VERMONT”, DATED FEB. 27, 1979, SCALE 1″ = 400′, PREPARED BY SOUTHERN VERMONT ENGINEERING, CONSULTING ENGINEERS AND SURVEYORS, VERNON ROAD, BRATTLEBORO, VT. AND RECORDED IN THE WHITINGHAM, VERMONT, LAND RECORDS ON MARCH 9, 1979; THEENCE N 21° 49′ 00″ E, 1216.86 FEET TO AN IRON PIPE INSTALLED, OR TO BE INSTALLED, AT THE COMMON INTERSECTION OF THE SAID LOT 6, LOT 4 AS SHOWN ON THE SAID PLAN AND THE PARCEL HEREIN DESCRIBED; THENCE S 54° 26′ 24″ W, 1192.57 FEET ON THE SOUTHERN LINE OF THE SAID LOT 4 TO A SET OF IRON PIPES, OR TO BE INSTALLED, ON THE EAST LINE OF ROUTE 8A, ALSO KNOWN AS FROM JACKSONVILLE STAGE ROAD; THEN S 23° 45′ 31″ E, 164.52 FEET TO A POINT; THEENCE S 34° 41′ 13″ E, 367.75 FEET TO A POINT AT OR NEAR THE SAID ROAD 8A AND IRELAND ROAD; THEN N 76° 41′ 10″ E, 110.37 FEET TO A POINT; THEN S 86° 21′ 10″ E, 135.24 FEET TO THE PLACE AND POINT OF BEGINNING. BEING LOT 5 AS SHOWN ON THE SAID PLAN AND CONTAINING MORE OR LESS 10.37 ACRES. SAID PREMISES ARE TRANSMITTED SUBJECT TO THESE UTILITY LINES OF CHECK-IN PASSAGE, AS WELL AS ROW AND WATER RIGHTS OF CHECK-IN, AS THESE MAY AFFECT THE PREMISES GRANTED. THE LANDS AND PREMISES DESCRIBED ABOVE ARE ASSIGNED SUBJECT TO THE FOLLOWING COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BENEFIT OF OTHER LANDS OF LICENSOR IN VICINITY THEREOF, AND SHALL BE CONSTRUED AS COVENANTS RELATING TO THE LAND: 1. IT WILL BE USED AND OCCUPIED FOR PRIVATE RESIDENTIAL AND OR AGRICULTURAL PURPOSES AND AT NO TIME SHALL THE BENEFICIARY, HIS HEIRS AND ASSIGNES SUFFER OR ALLOW SCRAP TO BE SITUATED THEREOF, THE PREMISES ARE NOT TO BE USED SOLELY FOR COMMERCIAL BUSINESSES, TRADE , ANY MANUFACTURE OR COMPANY, NOR ANY TRAILER OR MOBILE HOME, SO CALLED OR A-FRAME STRUCTURE, SO CALLED SHALL BE PLACED OR PERMITTED ON IT. THE PROHIBITIONS EXPRESSED HEREIN DO NOT PREVENT THE USE OF THE PREMISES FOR THE EXERCISE OF A CUSTOMARY OCCUPANCY AT HOME OR A PROFESSIONAL OFFICE ACCESSORY TO THE RESIDENTIAL AND OR PRIVATE AGRICULTURAL USE OF SAID LANDS AND PREMISES. 2. THE PURPOSE OF THE COVENANTS AND CONDITIONS CONTAINED HEREIN IS TO ENSURE THE USE OF THE LANDS KNOWN AS THE “GRACE FARM COMPLEX”, SO CALLED, FOR RESIDENTIAL AND AGRICULTURAL PURPOSES ONLY, TO PREVENT NUISANCES, TO PREVENT THE FAILURE OF ATTRACTIVENESS. OF THE PROPERTY COMPRISING THE “GRACE FARM COMPLEX”, AND THUS GUARANTEE EACH OWNER OF ANY PART OF THE “GRACE FARM COMPLEX” THE FULL BENEFIT AND ENJOYMENT OF HIS LAND AND HIS HOME WITHOUT FURTHER RESTRICTIONS ON THE FREE AND DISTURBANCE TO HIS PARCEL THAN NECESSARY TO PROVIDE THE SAME BENEFITS TO OTHER LOT OWNERS. 3. ALL COVENANTS, CONDITIONS OR RESTRICTIONS AFFECTING THE VARIOUS PLOTS OF LAND WITHIN THE “GRACE AGRICULTURAL COMPLEX” MAY BE CHANGED, MODIFIED OR ELIMINATED AFTER JANUARY 1, 2000 BY DULY EXECUTED WRITTEN INSTRUMENT BY THE OWNERS OF TWO-THIRD REGISTRATION ( 2/3) LOTS OR PARCELS OF LAND INSIDE THE SAID LAND, AND REGISTERED IN THE LAND RECORDS OF THE CITY OR TOWNS WHERE SUCH LAND IS LOCATED. 4. THE LICENSOR, FOR HIMSELF, ITS SUCCESSORS AND ASSIGNEE, HEREBY COMMITS AND AGREES TO THE BENEFICIARY, ITS HEIRS AND ASSIGNEE, THAT IT WILL NOT SELL OR TRANSFER ANY PORTION OF THE PROPERTY COMPOSING THE “GRACE FARM COMPLEX”, AS NOW COMPOSED, WITHOUT IMPOSING THE SAME CONDITIONS AND COVENANTS REGARDING USE THEREOF AS CONTAINED HEREIN. Pursuant to 12 VSA §4953(b), the public sale may be adjourned one or more times for a total period not exceeding 30 days, without further order of the court, and without publication or service of a new notice of sale, by announcing the new date of sale to those present at each adjournment or by posting a notice of adjournment in a conspicuous place at the place of sale. TERMS OF SALE A deposit of $10,000.00 in the form of cash, bank treasurer’s check or certified funds must be tendered at or before the time a bid is offered. The successful bidder(s) will be required to sign a purchase and sale agreement immediately after the auction closes. The balance of the purchase price must be paid within thirty (30) days of the date of sale in the form of a certified check, bank treasurer’s check or other payment satisfactory to the agent of the mortgage creditor. The property in question is sold “as is, where it is”, with all visible and hidden defects, subject to property taxes and municipal assessments, if applicable, which take precedence over the mortgage described above. Pursuant to 12 VSA §4949(a), mortgagors have the right to redeem the premises at any time prior to the public sale by paying the full amount due under the judgment order and other amounts, including costs and expenses of sale, accrued after – judgment as agreed by the mortgagors and the mortgagor or ordered by the court. Other conditions to be announced at the time of the sale. Date: January 11, 2022 By: TD Bank, NA /s/ Elizabeth M. Lacombe__ Elizabeth M. Lacombe, Juris No. 5559 Duane Morris LLP 100 Pearl Street, 13th Floor Hartford, CT 06103 215-979-1577 [email protected] com