Ads for Vermont Superior Court in North Hero, VT

STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 336-12-19 BNCV MTGLQ INVESTORS, L.P. v. THOMAS J. DAILEY, ESQ., ADMINISTRATOR OF THE ESTATE OF SUSAN C. DESAMSONOW, CHITTENDEN TRUST COMPANY DBA CHITTENDEN BANK AND NATHANIEL COURT CONDOMINIUM ASSOCIATION MUTUAL BENEFIT ENTERPRISE OCCUPANTS OF: 432 South Street D-2, 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 November 2, 2020, in the above captioned action brought to foreclose that certain mortgage given by the late Susan C. Desamsonow to Mortgage Electronic Registration Systems, Inc., as a nominee for EverHome Mortgage Company, dated September 4, 2009 and recorded in Book 466 Page 131 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 Mortgage Electronic Registration Systems, Inc., as a nominee for EverHome Mortgage Company to New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing dated July 10, 2017 and recorded in Book 522 Page 177; (2) Assignment of Mortgage from New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing to U.S. Bank National Association, not individually but solely as trustee for Bluewater Investment Trust 2018-1 dated June 29, 2018 and recorded in Book 531 Page 33; and (3) Assignment of Mortgage from U.S. Bank National Association, not individually but solely as trustee for Bluewater Investment Trust 2018-1 to MTGLQ Investors, L.P. dated February 28, 2019 and recorded in Book 534 Page 95 all 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 432 South Street D-2, Bennington, Vermont on January 22, 2021 at 11:00 AM all and singular the premises described in said mortgage, To wit: Real property in the City of BENNINGTON, County of Bennington, State of Vermont, described as follows: BEING ALL THE SAME LANDS AND PREMISES CONVEYED TO THE GRANTORS HEREIN BY WARRANTY DEED OF JACK E. HEATON, SPONSOR FOR NATHANIEL COURT CONDOMINIUM, WHICH DEED IS DATED 5/22/89 AND RECORDED 6/6/89 IN BOOK 0-279 AT PAGE 62 OF THE BENNINGTON VERMONT LAND RECORDS, BEING THEREIN DESCRIBED AS FOLLOWS: "BEING UNIT 2-D NATHANIEL COURT, A CONDOMINIUM ESTABLISHED PURSUANT TO A DECLARATION DATED JUNE 8, 1988 AND RECORDED JUNE 8, 1988 IN THE LAND RECORDS OF THE TOWN OF BENNINGTON IN BOOK 0-272 AT PAGE 156, AS AMENDED BY AMENDMENT OF CONDOMINIUM OWNERSHIP DATED JANUARY 19, 1989 AND RECORDED JANUARY 31, 1989 IN THE LAND RECORDS OF THE TOWN OF BENNINGTON IN BOOK 0-277 AT PAGE 5, HEREINAFTER THE "DECLARATION" INCLUDING THE APPURTENANT UNDIVIDED 4.330 PERCENT INTEREST IN THE COMMON ELEMENTS, WHICH UNIT IS INTENDED FOR RESIDENTIAL USE AS RESTRICTED BY THE DECLARATION. "THE PROPERTY SUBJECT TO THE DECLARATION IS DESCRIBED IN EXHIBIT A THEREOF AS FOLLOWS: "BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO JACK E. HEATON BY WARRANTY DEED OF ALBERT J. BRISSETTE AND MAY ROY BRISSETTE, HUSBAND AND WIFE, DATED OCTOBER 7, 1986 AND RECORDED OCTOBER 7, 1986 IN BOOK 0-260, PAGE 215 OF THE TOWN OF BENNINGTON LAND RECORDS AND BEING MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: "BEING THE SAME LANDS AND PREMISES CONVEYED BY WARRANTY DEED OF JOHN H. MASON AND NORINE B. MASON, HUSBAND AND WIFE, TO ALBERT J. BRISSETTE AND MARY ROY BRISSETTE; HUSBAND AND WIFE, DATED SEPTEMBER 17, 1976 AND RECORDED IN BOOK 0-215 AT PAGE 58 OF THE BENNINGTON LAND RECORDS ON SEPTEMBER 17, 1976. "BEGINNING AT A POINT IN THE EAST LINE OF SOUTH STREET IN THE VILLAGE OF BENNINGTON, VERMONT, WHICH POINT IS ABOUT 92.64 FEET NORTHERLY OF THE INTERSECTION OF THE NORTHERLY LINE OF PROSPECT STREET WITH THE WESTERLY LINE OF SAID SOUTH STREET AND WHICH POINT MARKS THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED BY FLORA. C. AND FRANK E. HOWE TO WILLIAM H. AND HAZEL M. WILLS BY WARRANTY DEED DATED APRIL 6, 1921 AND RECORDED IN BOOK 0-17 AT PAGE 56 OF THE BENNINGTON LAND RECORDS, THE WILLS PARCEL NOW BEING OWNED BY HERBERT J. AND ELIZABETH C. HORST; THENCE IN A GENERAL EASTERLY DIRECTION ALONG THE NORTHERLY LINE OF LANDS OF THE SAID HORSTS TO THAT POINT WHICH MARKS THE NORTHEAST CORNER OF THE PARCEL OF LAND CONVEYED BY FLORA C. AND FRANK E. HOWE TO EARL H. AND EVA H. DARLING BY WARRANTY DEED DATED SEPTEMBER 24, 1921 AND RECORDED IN BOOK 0-17 AT PAGE 151 OF SAID LAND RECORDS, THIS DARLING PARCEL ALSO BEING NOW OWNED BY THE SAID HORSTS; THENCE IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF LANDS NOW OR FORMERLY OF CROZIER AND LANDS OF ROBERT J. ROY AND WIFE TO A POINT IN THE SOUTH LINE OF LANDS FORMERLY OF STEARNS AND MARY RICE; THENCE WEST ALONG THE RICE SOUTH LINE TO THE SOUTHWEST CORNER OF THE RICE PARCEL; THENCE NORTH ALONG THE RICE WEST LINE TO A SOUTHEAST CORNER OF LANDS NOW OWNED BY HAWKS; THENCE WEST ALONG THE HAWKS SOUTH LINE TO THE EAST LINE OF SAID SOUTH STREET (THE SOUTHWEST CORNER OF SAID HAWKS); AND THENCE SOUTH ALONG THE EAST SIDE OF SOUTH STREET TO THE POINT OF BEGINNING. 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 : December 16, 2020 By: ___/s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD#s 53697, 53698 12/29/2020 01/05/2021, 01/12/2021