STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 69-3-19 BNCV U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT v. ANDREW H. MONTROLL, ESQ., ADMINISTRATOR OF THE ESTATE OF ARTHUR C. SIMMONS, DARLENE WILSON, VIVIAN DICARLO, JOY MONROE, ROBERT HILL, JOHN HILL AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT OCCUPANTS OF: 40 Main Street North 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 March 30, 2020, in the above captioned action brought to foreclose that certain mortgage given by the late Arthur C. Simmons and the late Therese H. Simmons to Wells Fargo Home Mortgage, Inc., dated November 17, 2003 and recorded in Book 403 Page 143 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. to Secretary of Housing and Urban Development dated February 24, 2011 and recorded in Book 477 Page 136 and (2) Assignment of Mortgage from Secretary of Housing and Urban Development to U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT dated May 5, 2017 and recorded in Book 522 Page 123, both 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 40 Main Street, North Bennington, Vermont on November 4, 2020 at 1:00 PM all and singular the premises described in said mortgage, To wit: BEING known as No. 40 Main Street and beginning at a point in the west line of Main Street, so-called, in the Village of North Bennington, Vermont, said point being the northeast corner of lands deeded by Marcia Simmons to H.C. Simmons' Sons and the southeast corner of the herein described property thence running westerly along the north line of lands of the said H. C. Simmons' Sons 180.60 feet; thence turning an included angle of 138 38' and running northwesterly along the lands of E. L. White and lands of Tucker Lodge No. 48, F.& A.M. 76.49 feet to a marble marker; thence turning at an included angle of 126 31' and running northerly along the east line of lands of E.G. Phillips 12.59 feet; thence turning an included angle of 95 23' and running easterly through lands of Marcia Simmons 235.39 feet then turning an included angle of 90 50' and running southerly along the west line of said Main Street 65.31 feet to the place of beginning. There exists over the premises described above a driveway west of the home buildings. It is the intention of Marcia Simmons to reserve a right to pass and repass along this driveway with vehicles and on foot for the benefit of the H.C. Simmons' Sons. In the event of the dissolution of said partnership the right of way hereby designated shall be terminated. Including also a right of way for pedestrians and vehicles over the driveway as it now lies on lands this day conveyed by Marcia Simmons to H.C. Simmons' Sons. It is agreed by and between Martha Simmons and Herman McLean Simmons and Marcia Simmons, husband and wife, that the barns at the rear of the homestead shall be available for use by the H. C. Simmons' Sons partnership and such use for the benefit of the partnership shall be continued until the dissolution and termination of the partnership. Being the same lands and premises conveyed to Herman McLean Simmons and Marcia Simmons by warranty deed of Martha G. Simmons dated June 1, 1943 and recorded in nook 0- 80 Page 124 of the Bennington, Land Records. Together with a right of way in common with James F. Huntington for pedestrians and vehicles beginning at the north easterly corner of the property on the westerly side of main Street in the Village of North Bennington in said town, conveyed to James F. Huntington by a warranty deed of even date by H. C. Simmons' Sons individually and as partners and by the above named grantee Marcia Simmons. and running westerly for a distance of 100 feet and not over 10 feet in width adjacent to and parallel with the northerly boundary line of the said property said right of way shall never be closer than one foot from the northerly side of the building, known as the shop, as it now stands on said property. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. 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 must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. 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 the sale. DATED : October 1, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD#52016 10/09/2020, 10/16/2020 10/23/2020
Oct 09, 2020.
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