STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 311-12-16 BNCV BANK OF AMERICA, N.A. v. ATHANASIOS HALKIAS, EMILY ECONOMOU, SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND TOWN OF BENNINGTON, VERMONT OCCUPANTS OF: 647 Fox Hill Road, Bennington VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered July 25, 2019, in the above captioned action brought to foreclose that certain mortgage given by Athanasios Halkias and Emily Economou to Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans Inc., dated February 25, 2009 and recorded in Book 461 Page 18 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans Inc. to Bank of America, N.A, successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP dated September 1, 2011and recorded in Book 481 Page 27 of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 647 Fox Hill Road, Bennington, Vermont on October 15, 2020 at 11:00 AM all and singular the premises described in said mortgage, To wit: Being all and the same lands and premises conveyed to Steven J. Drake and Laura E. Drake, by Warranty Deed of DUO Corporation d/b/a DUO Development dated October 17, 2007, and recorded October 17, 2007, in Book 449, at Page 22 of the Bennington, Vermont Land Records and being therein described as follows: Being a portion of the same lands and premises as were conveyed to DUO Corporation d/b/a DUO Development by Quitclaim Deed of Colgate Heights dated January 24, 2001 and recorded January 29, 2001 in Book 366 at Page 198 of the Bennington, Vermont Land Records, and therein described as follows: Being a portion of the same lands and premises as were conveyed to Colgate Heights by virtue of a Warranty Deed of Mount Anthony Real Estate Corporation dated and recorded December 11, 1986 in Book 0-262 at Page 66 of the Town of Bennington, Vermont Land Records, as shown on a survey entitled, "Colgate Heights Subdivision by Bruno Associates, Inc, P.C," dated July 16, 1993 and revised June 20, 1994 and recorded July 13, 1994 in Book of Maps, Slide No. 85, in the Town of Bennington, Vermont Land Records. Said Lot #20 is further described as follows: Being a parcel of land containing 0.62 acres as depicted on a survey plat prepared by Bruno Associates Inc. P.C. entitled "Colgate Manor Subdivision in Bennington, Bennington County, Vermont for Robert Newsome" dated 7/16/93, revised 6/20/94 & 4/19/05, said parcel is further described as follows: Beginning at the point in the easterly right-of-way line of Fox Hill Road and at the northerly corner of a Lot 19, said point marks the southwest corner of Lot 20 herein described. Thence: Northeasterly, 87.6' along the line of said road following a curve to the left having a radius of 200.0' to a point, Thence: N16 37'E, 15.0' along the line of said road to a point, Thence: S73 23'E, 175.0' along Lot 21 to a point; Thence: SI 6 37'W, 190.8' along Agricultural Reserve Land to a point; Thence: N48 16' W, 214.2' along Lot 19 to the point and place of beginning. The above described premises are subject to and benefited by the By-Laws and Declaration of Covenants, Conditions and Restrictions for the Colgate Heights Homeowners Association, dated June 23, 1994, and recorded in Book 0-313 at Page 175 of the Town of Bennington Land Records. Also being conveyed are all permits, licenses, approvals, and certifications and similar instruments pertaining to the development known as Colgate Heights. Grantor warrants and represents that all such permits, licenses, approvals, certifications, and similar instruments are valid and shall continue to be as such. Without limitation, all installations and improvements for water systems and sewage disposal systems, electric equipment, bottle gas equipment, storage tanks, pipe lines, building materials or other materials found on or upon the premises are also conveyed. It is the intent of the Grantor to transfer, convey and assign all right, title and interest of the Grantor in and to the property, the development, the development rights and the road, fixtures, improvements, buildings (completed or in the process of completion) and all utilities and rights to utilities upon said premises. In addition to the Architectural Review Guidelines contained in the Covenants, Conditions and Restrictions, any residence on the said lands conveyed herein must be designed and constructed to meet the "Four Star Plus" energy rating by Energy Rated Homes of Vermont, or an equivalent rating system. Upon completion of the construction of the residence, a copy of the certification from the rating company shall be submitted to State of Vermont District Environmental Commission #8. Further, any residence on the said lands conveyed herein must be designed and constructed to include the installation and continued maintenance of water-conserving plumbing fixtures including, but not limited to, low-flush toilets, low-flow showerheads, and aerator-type or flow-restricted faucets. Said lands conveyed herein are subject to the conditions and restrictions contained in Land Use Permit No. 8B0299-1 dated May 12, 1989 and recorded in the Bennington Land Records; Land Use Permit No. 8B0299-2; Land Use Permit No. 8B0299-3 dated January 24, 1992; Land Use Permit No. 8B0299-4 dated February 25, 1994; Land Use Permit No. 8 B0299-5; Land Use Permit No. 8B0299-6 dated July 15, 2003 and recorded on July 16, 2003 in Book 397 at Page 96 of Bennington Land Records; Subdivision Permit #EC-80714; Subdivision Permit #EC-80714-1 dated March 31, 1989, and Permit #EC-80714-2 dated November 18, 1993; and Municipal Zoning Permit issued by the Town of Bennington on February 14, 1994, and any extensions or amendments thereto. By acceptance of this conveyance, Grantees hereby covenant and agree that they have read and agree to be bound by all applicable state and local development and subdivision permits, all covenants and any supplements and amendments thereto, and the By-Laws and Regulations of the Colgate Manor Homeowner's Association, and any supplements or amendments thereto, including but not limited to, sharing in the costs of mainta
Oct 03, 2020.
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