Southern Vermont Marketplace, STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Bennington Unit Docket No. 178-5-15 Bncv PEOPLE'S UNITED BANK, NATIONAL ASSOCIATION, Plaintiff vs. TYVERY, LLC; et al Defendants NOTICE OF FORECLOSURE SALE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Tyvery, LLC to People's United Bank, dated February 24, 2011 and recorded in Book 141 at Page 1 in the Town of Shaftsbury Land Records, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 AM. on October 23, 2015, at the site of the real property with an address of 972 Route 7A in the Town of Shaftsbury, Vermont, all and singular the premises described in said Mortgage: TO WIT: Being all and the same lands and premises conveyed to Tyvery, LLC by Warranty Deed from Michael J. McGarey, dated July 15, 2005 and recorded on July 19, 2005 in Book 125, Page 301 of the Town of Shaftsbury Land Records. Being all of the same lands and premises conveyed to Michael J. McGarey by Limited Warranty Deed of The Merchant's Bank dated August 14, 2001 and recorded August 24, 2001 in Book 109 at Page 2-5 of the Shaftsbury Land Records and being more particularly described therein as follows: "Being all and the same lands and premises conveyed to The Merchants Bank by Quitclaim Deed in Lieu of Foreclosure, dated August 12, 2000 recorded in the Town of Shaftsbury Land Records in Book 104, at Pages 278-281 and re-recorded in Book 105, at Pages 538-542, and more particularly described as follows: "Being all and the same lands and premises that were conveyed to Carl Elwood Davis, Jr., and Barbara M. Davis, husband and wife, by warranty deed of Steven A. Cummings, joined by his wife, Linda J. Cummings, to the extent of her homestead interest in the property, dated June 18, 1997 and recorded in Book 93, at Page 40 in the Land Records of the Town of Shaftsbury, Vermont, and more particularly described as follows: "Being all and the same lands and premises that were conveyed to Steven A. Cummings and Pamela [sic] L. Cummings, husband and wife, by warranty deed of Nancy C. Picknell, and William T. Picknell dated March 14, 1991 and recorded at Book 78, Pages 374-5 of the Land Records of the Town of Shaftsbury, Vermont. "Being all and the same lands and premises that were conveyed to Nancy Picknell by warranty deed of C. & K. Adams, Inc. dated June 22, 1987 and recorded June 23, 1987 at Book 72, Pages 378-9 of the Land Records of the Town of Shaftsbury, Vermont, in which deed the lands and premises hereby conveyed were more particularly described as follows: "Beginning at an iron pin set in the easterly line of the highway known as U.S. Route 7, said pin lying 33.0 feet easterly of the center line of said Route 7 (as measured perpendicularly to the said center line) and marking the northwesterly corner of the herein conveyed premises; thence south 22 07' East 54.73 feet along the easterly line of U.S. Route 7 to a point; thence North 71 15' East 126.02 feet along the northerly line of lands now or formerly of Smith to a point; thence North 17 54' West, through lands of these grantors and passing through a 4 inch maple tree, a distance of 51.20 feet to a point in the southerly line of other lands of these grantors, which were conveyed to them by Hattie E. Wade; thence South 72 46' West 130.40 feet along the southerly line of the said lands of these Grantors to the point of beginning. "Containing 0.155 acres of land, together with the store building thereon standing. "The foregoing description is taken from a survey map entitled 'Land of Martin L. Harrington, Shaftsbury, Vermont, 1"=20', November 1980 Cadiz Consultants, Inc., Bennington, Vt.', to which reference is made for a more particular description of the herein conveyed premises. "Meaning and intending hereby to convey a portion of the lands and premises which were conveyed to Martin L. and Mildred O. Harrington by warranty deed of Stella M. Hawkins and H. Lenore Bradley, dated May 4, 1965 and recorded at Book 47, Page 523 of the Shaftsbury Land Records. "The herein conveyed premises are conveyed subject to any public utility easements now existing or of record which may affect them. "P.R.P., a Vermont corporation, joins in this conveyance to transfer any interest it has under a certain lease dated June 29, 1981, Book 62, Page 117 of the Shaftsbury Land Records. "Including, also the easement appurtenant to the above described lands and premises granted by Steve A. Cummings and Linda J. Cummings to Steven A. Cummings by an Easement Deed dated August 30, 1995 and recorded September 5, 1995 at Book 89, Page 161 of the Land Records of the Town of Shaftsbury, Vermont in which Easement Deed the appurtenant easement hereby mortgaged was more particularly described as follows: "It being a right of way, for all purposes of ingress and egress, in common with Grantors, their heirs, successors and assigns, over an existing roadway running along the southerly boundary of lands conveyed to Grantors by Warranty Deed of Martin L. Harrington and Mildred O. Harrington of even date. The westerly boundary of said right of way shall be the easterly edge of the right of way of Vermont Route 7A; the easterly boundary of said right of way shall be Grantee's northeast corner, the southerly boundary of said right of way shall be Grantors' southerly boundary and the northerly boundary of said right of way shall be the northerly edge of the existing roadway. "Also included herein is an easement for the parking of vehicles over the following described parcel of land: "Beginning at a point marked by the intersection of Vermont Route 7A with the northerly boundary of an existing driveway running along the southerly boundary of lands conveyed to Grantors by Warranty Deed of Martin L. Harrington and Mildred O. Harrington of even date; thence running in an easterly direction along the northerly boundary of said existing driveway a distance of 20 feet to a point; thence turning and running northerly on a course parallel with the easterly edge of Vermont Route 7A a distance of 20 feet to a point; thence turning and running westerly on a course parallel with the northerly boundary of said driveway a distance of 20 feet, more or less, to a point in the easterly edge of the right of way for Vermont Route 7A; thence turning and running in a general southerly direction along the easterly edge of the right of way for Vermont Route 7A to the point and place of beginning. "The above easements shall run with those lands and premises conveyed to Steven A. Cummings and Pamela L. Cummings by Warranty Deed of Nancy C. Picknell and William Picknell dated March 15, 1991 (sic; actually 14) and recorded March 18, 1991 in book 78 at Page 375 of the Shaftsbury Land Records. "This above conveyance is subject to the Sewer Pipeline Easement Deed from The Merchants Bank to Eleanor B. Smith dated August 14, 2001 and recorded August 24, 2001 in Book 109 at Page 1 of the Town of Shaftsbury Land Records. "By acceptance of this deed, Grantee represent that he has caused the subject property to be fully inspected and Grantee agrees to purchase and accept the same in 'AS IS' condition, it being fully understood that except as specifically set forth in this Deed as to the limited warranties of title, Grantor has made no warranties, express or implied, or representations pertaining to the said property, the condition thereof, the condition of the structures and improvements thereon, or any other matter pertaining thereto, including but not limited to matters relating to boundaries, acreage, or compliance with Vermont zoning, subdivision and environmental laws, and environment conditions or hazards on the property. Expressly excluded from application are all warranties or merchantability, fitness for any particular purpose or any other warranties express or implied at law. It is further understood that Grantor makes no warranties or representations with respect to boundaries, acreage, the condition of the structures or improvements to the property, or compliance with Vermont zoning, subdivision and environmental laws, and environmental conditions or hazards on the property, the availability of permits, licenses, zoning, variances, certificate of occupancy, or any other matters pertaining to the use of the subject property." Reference is hereby made to the above-mentioned instruments, the records thereof, and references therein made, and their respective records and references, and the Judgment and Decree of Foreclosure by Judicial Sale issued August 13, 2015 in further aid of this description. Terms of Sale. The property will be sold in its entirety to the highest bidder as a single unit. It is up to each bidder to perform its own due diligence with respect to the property prior to the public sale that a bidder deems sufficient. The public sale of the Mortgaged Property will be "AS IS, WHERE IS, WITH ALL FAULTS" (known or unknown), with no representations or warranties of any kind whatsoever, with the purchaser taking all defects and risks associated with or connected to the property being sold, and all liens of record, restrictions, easements, improvements, covenants, tenancies, rights, encumbrances, and matters of any kind and every nature which may take precedence over the lien of the mortgage being foreclosed. The high bidder is responsible for the payment of the property taxes and municipal assessments, and any fire district taxes (delinquent and current, with all penalties and interest as of the date of closing on the sale of the property after confirmation of the sale by the Vermont Superior Court). In order to qualify to bid at the public sale, at the time of sale, interested persons, other than from the mortgagee, must present to the auctioneer a deposit of $10,000 in the form of cash, a bank treasurer's check, or certified funds, with the deposit to be increased to 10% of the sale price within 5 days of the public sale, if the deposit does not at least equal 10% of the sale price. The deposit is subject to forfeiture. The mortgagee has the right to credit bid at the sale without producing any deposit. The remaining balance of the purchase price shall be paid in good funds at closing, to occur within thirty (30) days of the public sale or within ten (10) days of Court Confirmation of the Sale by the Vermont Superior Court, Bennington Unit, Civil Division, whichever is later. The sale is subject to confirmation by the Vermont Superior Court, Bennington Unit, Civil Division. The successful bidder, other than the mortgagee, will have to sign a purchase and sale agreement at the conclusion of the public sale. If the Plaintiff makes the highest bid, Plaintiff shall be required to pay cash or certified funds only to the extent that its bid is in excess of the sum due it by the Defendant Mortgagor up to the date of sale under the Judgment and Decree and the costs and expenses of the sale. The person holding the public sale may, for good cause, adjourn the sale one or more times for a total time not exceeding 30 days, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due mortgagee plaintiff, including all costs and expenses of sale. Other terms to be announced at the time of the sale. Inquiries to auctioneer or mortgagee's counsel. Sale to be conducted by Vermont licensed auctioneer. By: Elizabeth A. Glynn, Esq. Ryan Smith & Carbine, Ltd. PO Box 310 Rutland, VT 05702 (802) 786-1000 Attorney for Mortgagee/Plaintiff 09/28/15, 10/05/15, 10/12/15, 10/19/15
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