State of Vermont Superior Court Civil Division Chittenden Unit Docket No. 22-Cv-00415 | Notice of Sales | Seven Days | Vermont's Independent Voice

NORTHCOUNTRY FEDERAL CREDIT UNION,
Plaintiff,
v.
DANIEL J. CASEY, ALL OCCUPANTS RESIDING
AT 344 ACORN LANE, SHELBURNE, VERMONT,
GARDENSIDE TOWNHOUSE ASSOCIATION, INC.
VERMONT DEPARTMENT OF TAXES, and
HERITAGE AUTOMOTIVE GROUP, INC.,
Defendants.

NOTICE OF SALE

By virtue and in execution of the Judgment and Decree of Foreclosure by Judicial Sale dated October 31, 2022, for a breach of: (1) a Mortgage dated May 28, 2015 and recorded on June 4, 2015 in Volume 425, Page 810 of the Town of Shelburne Land Records; and (2) a second Mortgage dated May 28, 2015 and recorded on June 4, 2015 in Volume 425, Page 827 of the Town of Shelburne Land Records (the "Mortgaged Property"); and for the purpose of foreclosing the same, the Mortgaged Property will be sold at public auction on Wednesday, June 28, 2023, at 10:00 a.m. at the Mortgaged Property located at 344 Acorn Lane, Shelburne, more particularly described as follows:

Being all and the same lands and premises conveyed to Daniel J. Casey by Deed of John W. Paterson and Kimberly Paterson, and Susan Mary Bell of approximate even date herewith and to be recorded in the Town of Shelburne Land Records. Said lands and premises being more particularly described as follows:

Being all and the same lands and premises conveyed to John W. Paterson and Kimberly Paterson by Warranty Deed with Life Estate Reservation of Susan Bell dated November 25, 2008 and recorded on January 15, 2009 in Volume 357 at Page 355 of the Land Records of the Town of Shelburne and being more particularly described as follows:

The address of Lot No. A-3 is Townhouse A-3 Gardenside Townhouses, Acorn Lane, Shelburne, Vermont. Said lands and premises are located in Shelburne, Vermont and being all of Lot No. A-3 as set forth on a plan recorded at Map Slide 660A of the Land Records of the Town of Shelburne.

The property is subject to the Declaration of Covenants, Conditions and Restrictions dated February 8, 1983 and recorded in Volume 86 at Page 86 of the Land Records of the Town of Shelburne.

The Grantor (CVD, Inc.) for so long as it owns any lands at Gardenside, a townhouse regime, reserves the right from time to time, to create as many as an aggregate of 66 Lots, and to install and construct, and to maintain, repair and replace water, sewer, telephone, electric and other utility lines and services in the areas designated as road, roadways, Common Element or any other lands not designated as Lots, for the benefit of Gardenside, a townhouse regime, and other lands, including lands of the Grantor.

The Lot shall be used for residential purposes only and shall not be subdivided. The Lot may also be subject to certain provisions regarding party walls, as more fully set forth in the Declaration of Covenants, Conditions and Restrictions. Such provisions shall be and are covenants real and are incorporated herein by reference.

Included herewith is a right of way over Acorn Lane, so-called, until such time, if ever, as it is accepted as a public street.

By acceptance of this deed, the Grantee, for herself and her heirs and assigns, covenant and agree to become, and hereby comes, a member of Gardenside Townhouse Association, a non-profit corporation, and of Gardenside Home Owners Association. The Grantee for herself, her heirs and assigns further covenant to pay, from time to time as and when assessed, the Grantee's annual charges.

Reference is hereby made to Gardenside Townhouse Association, Inc. Notice Concerning Recorded Plans dated March 20, 2015 and recorded on March 20, 2015 in Volume 424 at Page 413 of the Land Records of the Town of Shelburne.

TERMS OF SALE: The Mortgaged Property will be sold "AS IS WHERE IS" to the highest bidder for cash or wire funds only. The sale of the Mortgaged Property is subject to confirmation by the Vermont Superior Court, Chittenden Unit, Civil Division. The Mortgaged Property will be sold subject to unpaid taxes, municipal assessments, and superior liens, if any.

The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, 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. Notice of the new sale date shall also be sent by first class mail, postage prepaid, to the mortgagors at the mortgagors' last known address at least five days before the new sale date.

Defendant Daniel Casey is entitled to redeem the Mortgaged Property at any time prior to the sale by paying the full amount due under the Mortgage referenced above, including the costs and expenses of the sale.

MORTGAGED PROPERTY DEPOSIT: A non-refundable deposit for the Mortgaged Property in the amount of $10,000.00 shall be paid by the high bidder by cash, certified check or bank draft to Prozzo Auctions, which shall hold the deposit until the closing. The balance of the purchase price for the Mortgaged Property shall be due and payable within the latter of 10 days from the date of confirmation of said sale by the Vermont Superior Court, Chittenden Unit, Civil Division or 45 days from the date of public auction. If the balance of the purchase price for the Mortgaged Property is not paid within the period set forth herein, the deposit shall be forfeited and shall be retained by Plaintiff herein as agreed liquidation damages and the Mortgaged Property may be offered to the next highest bidder still interested in the Mortgaged Property.

PURCHASE AND SALE CONTRACT: The high bidder for the Mortgaged Property shall be required to sign a no contingency contract of Purchase and Sale at the public auction, agreeing to purchase the Mortgaged Property in its "AS IS WHERE IS" condition, as a result of being the successful and high bidder at the sale.

OTHER TERMS TO BE ANNOUNCED AT SALE: Inquiries can be made to Prozzo Auctions, 207 N Main St, Rutland, VT 05701; (802) 773-2691.

Dated: May 16, 2022.
NORTHCOUNTRY FEDERAL CREDIT UNION
By:/s/ Alexandra E. Edelman
Alexandra E. Edelman, Esq.
Primmer Piper Eggleston & Cramer PC
30 Main Street, Suite 500
P.O. Box 1489
Burlington, VT 05602-1489
(802) 864-0880
[email protected]

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