Ads for State of Vermont Superior Court Civil Division in Montpelier, VT

STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WINDHAM UNIT DOCKET NO: 330-9-19 Wmcv WALKER KIMBALL, Plaintiff, vs. 24 MAIN STREET WILMINGTON, LLC, a Connecticut limited liability company Defendant NOTICE OF PUBLIC SALE By virtue of the Judgment Order, Decree of Foreclosure, Shortened Redemption Period and Order for Public Sale entered on February 20, 2020 and in execution of the Power of Sale contained in a certain Mortgage Deed given by 24 Main Street, Wilmington, LLC dated May 24, 2018, and recorded in Town of Wilmington Land Records at Book 340, Pages 450-452, on May 25, 2018, which Mortgage Deed, Walker Kimball is the present holder, for breach of said Mortgage Deed and for the purposes of foreclosing the same, the undersigned will cause to be sold to the highest bidder at Public Auction at 24 West Main Street, Wilmington, Vermont at 10:00 A.M. on the 30th day of October, 2020 all and singular the premises described in said Mortgage. The property is known as 24 West Main Street, Wilmington, Vermont. The real estate described in the aforesaid mortgage as follows: Being all and the same lands and premises conveyed to 24 Main Street Wilmington LLC by Warranty Deed of APIV Holdings LLC dated December 18, 2015 and recorded in Book 323, Pages 77-79 of the Wilmington, Vermont Land Records. Being all and the same land conveyed to APIC Holdings LLC by Warranty Deed of The Merchants bank, dated November 10, 2011 and recorded in Book 290, Page 112 of the Wilmington Land Records. Being all and the same lands and premises conveyed by Charles F. Watson and Ronald S. Andrews by Warranty Deed dated August 10, 1982, and recorded in Book 90 at Page 210 of the Town of Wilmington Land Records, and being more particularly described therein as follows: "PARCEL ONE: "Being all and the same lands and premises which were conveyed to Charles F. Watson and Ronald S. Andrews by warranty deed of Gloria I. Aiken dated September 27, 1978 and recorded at Book 75, Pages 362-364 of the Wilmington Land Records, and which were therein described as follows: "Being a certain piece or parcel of land on the southerly side of West Main Street, so-called, in said Wilmington, containing approximately 0.43 acres together with the buildings thereon standing and more particularly described as follows: "Beginning at a stone monument on the southerly side of West Main Street, said stone monument being the northwesterly comer of lands now or formerly of Wayne E. and Clara M. Timmennan and the northeasterly corner of the lands herein conveyed, thence south 49 1/4" west two hundred eighty (280) feet along land of said Timmennan to an iron pipe on the easterly bank of the Branch of the Deerfield River; thence north 25 west a distance of seventy-two (72) feet along the bank of said River to an iron pipe; thence north 49 1/4" east along lands now or formerly of R. J. Poor and V. O. Ingalls a distance of two hundred seven (207) feet to a solid iron pin buried in the ground; thence south 37 1/2" east along lands of said R J. Poor and V. 0. Ingalls a distance of six (6) feet to a solid iron pin buried in the ground; thence north 49 l/4 east along lands of R. J. Poor and V. 0. Ingalls a distance of forty-eight (48) feet to a stone marker which is level with the ground; thence southeasterly a distance of sixty five (65) feet along the southerly side of West Main Street to the place of beginning. "Excepting and reserving the easement for the construction of a pipe line for an interceptor sewer, together with any appurtenant rights, which may have been heretofore conveyed by the Grantors to the Town of Wilmington. "PARCEL TWO: "Being all of the same lands and premises which were conveyed to Charles F. Watson and Ronald S. Andrews by warranty deed of Albert G. And Suzanne Wurzberger dated March 8, 1979 and recorded at Book 77, Pages 315-317 of the Wilmington Land Records, and which were therein described as follows: "Beginning at a stone monument on tho south side of West Main Street, said stone monument being the northwesterly corner of lands of Charles F. Watson and Ronald S. Andrews, and marking the northeasterly corner of the herein described parcel, thence S 37 23' west along a westerly line of lands of Charles F. Watson and Ronald S. Andrews 47.74 to a solid iron pin buried in the ground; thence N 47 17' West along a northerly line of Charles Watson and Ronald S. Andrews 1.50 feet to a point; thence N 3.3 46 1/2 E through lands of the grantor 47.41 feet to the south side of West Main Street; thence S 56 13 1/2' E 4.50 feet to the point of the beginning. Said parcel contains 142 square feet." "The herein-conveyed premises are conveyed subject to the provision of a certain "Agreement in Re Right of Way", between Catamount Bank, Albert G. and Suzanne Wurzberger, and the within Grantors, dated March 8, 1979 and recorded at Book 77, Pages 312-314 of the Wilmington Land Records. There is included herewith all the Grantors' right, title and interest under the said Agreement." Any portion of the herein conveyed lands and premises contained within the limits of the road right of way known as West Main Street are conveyed by quit claim only. TERMS OF SALE: The sale will be held at 24 West Main Street, Vermont. The property shall be sold AS IS, WITH ALL FAULTS, AND WILL NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, subject to property taxes (delinquent and current), municipal assessments/liens, association dues, easements, rights of way, covenants, permits reservations and restrictions or record, title defects, unforeclosed junior liens, superior liens (if any) and environmental hazards (if any) to the highest bidder for case. At the sale, the successful bidder, other than the Mortgagee, shall pay $10,000.00 (non-refundable) in the form of cash or bank treasurer's check (or a combination thereof). The successful bidder shall execute a Purchase and Sale Agreement requiring payment of the balance of the purchase price within ten (10) days of entry of the court order confirming the sale. Before being permitted to bid at the sale, bidder shall display to the auctioneer proof of the ability to comply with these requirements. The successful bidder, other than the Mortgagee, must sign a NO CONTINGENCY Purchase and Sale Agreement satisfactory to the Mortgagee at the sale. Title will be transferred by Order Confirming Sale. The person holding the sale may, for good cause, postpone the sale for a period of up to thirty (30) days, from time to time, until it is competed, giving notice of such adjournment and specifying the new date by public proclamation at the time and place appointed for the sale, or by posting notice of the adjournment in a conspicuous place at the location of the sale. Notice of the new sale date shall be sent by first class mail, postage prepaid, to the Mortgagor at the Mortgagor's last known address, at least five (5) days before the new sale date. The public sale may be adjourned for a period of time in excess of thirty (30) days by agreement of the Mortgagor and Mortgagee or by order of the court. Other terms to be announced at the sale or contact: Rundle & Rundle, PLLC, 10 Summer Hill Street, Springfield, Vermont 05156; (802)885-4555. The record owner is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the Judgment Order, Decree of Foreclosure, Shortened Redemption Period and Order of Public Sale dated February 20, 2020, including the costs and expenses of sale. Dated at Springfield, Vermont this 28th day of Septemb