STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 336-11-17 BNCV SERVIS ONE, INC. D/B/A BSI FINANCIAL SERVICES v. MARK A. ATHERTON AKA MARK ATHERTON, HOLLY M. ATHERTON FKA HOLLY M. MARTIN, MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION AND CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION OCCUPANTS OF: 91 Valley View Drive, Pownal 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 October 8, 2019, in the above captioned action brought to foreclose that certain mortgage given by Mark A. Atherton and Holly M. Atherton to Morgan Stanley Credit Corporation, dated November 22, 2005 and recorded in Book 142 Page 29 of the land records of the Town of Pownal, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Morgan Stanley Private Bank, National Association, as successor by merger to Morgan Stanley Credit Corporation to Roundpoint Mortgage Servicing Corporation dated August 9, 2017 and recorded in Book 169 Page 313 and (2) Assignment of Mortgage from Roundpoint Mortgage Servicing Corporation to Servis One, Inc. D/B/A BSI Financial Services dated May 21, 2019 and recorded in Book 173 Page 124, both of the land records of the Town of Pownal for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 91 Valley View Drive, Pownal, Vermont on November 3, 2020 at 10:00 AM all and singular the premises described in said mortgage, To wit: All that certain parcel of land situate in the Town of Pownal, County of Bennington, and State of Vermont, being on the Easterly side of an accepted town way which extends southerly from Montgomery Road, so-called, said way now known as Valley View Drive and shown as a proposed road on a plan filed in the office of the Town Clerk in said Pownal and entitled "Map of Property for Leon Hall Pownal, Vermont" prepared by the office of Gerald E. Morrissey, Inc. dated July, 1967 and revised to December, 1967, known and designated as follows: Beginning at a point in the Easterly line of said proposed road at the Southwest corner of Lot 3 as shown on said plan; thence North 88_ 00' 00" East, 101.12 feet to an iron pipe; thence South 19_ 54' 30" East, 228.27 feet to a point marking the Southeast corner of Lot 4 as shown on said plan; thence North 73_ 47' 10" West, 172.43 feet to a point; thence North 19_ 54' 30" West, 72.98 feet to a point in the Easterly line of said proposed road; thence Northeasterly in a curve along the Easterly line of said proposed road, the radius of said curve being 80 feet, a distance of 44.25 feet to a point; thence continuing along the Easterly line of said proposed road North 0_10' 00" West, 52.25 feet to the point and place of beginning. Being Lot 4 as shown on said plan. TAX ID: 063-03 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 : September 24, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 51939 10/09/2020, 10/16/2020 10/23/2020
Oct 09, 2020.
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