TERESE M. AYER, Plaintiff,
DENIS N. LINEHAN, W.C.A III ASSOCIATION, and OCCUPANTS residing at 4232 Bolton Valley Access Road, Unit 3-L, Bolton, Vermont, Defendants.
NOTICE OF PUBLIC SALE
By virtue of the Judgment Order, Decree of Foreclosure, Shortened Redemption Period and Order for Public Sale entered on November 19, 2020, and in execution of the Power of Sale contained in a certain Mortgage given by Denis N. Linehan, dated March 31, 2015, and recorded in Volume 89 at Page 124 of the Town of Bolton Land Records, which Mortgage Terese M. Ayer is the present holder, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same, the undersigned will cause to be sold to the highest bidder at Public Auction at 4232 Bolton Valley Access Road, Unit 3-L, Bolton, Vermont, at 10:00 a.m. on the 5th day of May, 2021, all and singular the premises described in said Mortgage.
The property is known as 4232 Bolton Valley Access Road, Unit 3-L, Bolton, Vermont. The real estate is described in the aforesaid Mortgage is as follows:
Being all and the same lands and premises conveyed to Denis N. Linehan by Warranty Deed of Patrick Ayer and Terese M. Ayer dated March 31, 2015 and recorded in Volume 89, Page 122 of the Bolton Town Land Records, and being more particularly described as follows:
Being Apartment 3-L, so-called, in the Bolton Valley Corporation known as Wentworth Condominium No. 3 located in the Town of Bolton, and being as designated in the Declaration establishing a plan of condominium ownership of certain land and buildings in the Town of Bolton, said Declaration being dated January 12, 1973 and recorded in Volume 24, Page 493 of the Bolton Town Land Records. Said Apartment 3-L and as referred to in said Declaration as "free-hold-estate" being entitled Apartment 3-L is conveyed in conformity with Title 27 V.S.A. Section 1301 of the Condominium Ownership Act of the State of Vermont, No. 228 and any amendments thereto, and includes the fee in an undivided 5.46 percentage interest in the common areas and facilities in said Wentworth No. 3 apartments and the real property described in said Declaration.
This conveyance is made subject to the provisions of said Condominium Ownership Act and, also specifically, the provisions, restrictions, covenants and agreements set forth in said Declaration above-referred to and to the By-Laws of the Wentworth Association No. 3 attached to the Declaration.
Included herewith is an easement in common with the owners of other Units of said Condominium, to the use of any roads, pipes, wires, ducts, cables, conduits, public utility lines and other common elements located in any of these Units or elsewhere on the property and serving this Unit.
Included also is an easement of necessity in favor of this Apartment or other Apartments of this Condominium, in all of the common elements above-mentioned. The Condominium Unit herein conveyed is being conveyed to an easement in favor of other Apartment Units in said Condominium to the use of the roads, pipes, wires, ducts, conduits, cables, public utility lines and other common elements located in the Condominium or elsewhere on the property and serving said Units.
Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description.
The description of the property contained in the Mortgage shall control in the event of a typographical error in this Notice.
TERMS OF SALE: The sale will be held at 4232 Bolton Valley Access Road, Unit 3-L, Bolton, Vermont. The property shall be sold AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, subject to all easements, rights-of-way, covenants, permits, reservations and restrictions of record, title defects, unforeclosed liens, environmental hazards, unpaid real estate taxes (delinquent and current), current and delinquent assessments in favor of homeowners associations, if any, and municipal liens, to the highest bidder for cash. At the sale, the successful bidder, other than the Mortgagee, shall pay $10,000 down (non-refundable) in cash or bank treasurer check (or a combination thereof). The deposit must be increased to at least 10% of the successful bid within five (5) calendar days of the public sale by an additional payment in cash or by bank treasurer's check. The successful bidder shall execute a Purchase and Sale Agreement requiring payment of the balance of the purchase price within ten (10) days of entry of the court order confirming the sale. Before being permitted to bid at the sale, bidder shall display to the auctioneer proof of the ability to comply with these requirements. The successful bidder, other than the Mortgagee, must sign a NO CONTINGENCY Purchase and Sale Agreement satisfactory to Mortgagee at the sale. Title will be transferred by the Order Confirming Sale. The person holding the sale may, for good cause, postpone the sale for a period of up to thirty (30) days, from time to time, until it is completed, giving notice of such adjournment and specifying the new date by public proclamation at the time and place appointed for the sale, 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 Mortgagor at the Mortgagor's last known address, at least five (5) days before the new sale date. The public sale may be adjourned for a period of time in excess of thirty (30) days by agreement of the Mortgagor and Mortgagee or by order of the court. Other terms to be announced at the sale or contact Ward Law, P.C., 3069 Williston Road, South Burlington, Vermont 05403; (802) 863-0307.
The record owner is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the Judgment Order, Decree of Foreclosure, Shortened Redemption Period and Order of Public Sale dated November 19, 2020, including the costs and expenses of sale.
Dated at Bridport, Vermont this 25th day of March, 2021.
WARD LAW, PC
Attorneys for Plaintiff
By: /s/ Cynthia R. Amrhein
Cynthia R. Amrhein, Esq.
3069 Williston Road
South Burlington, VT 05403