State of Vermont Vermont Superior Court Addison Unit, Civil Division Docket No: 250-12-19 Ancv | Notice to Creditors | Seven Days | Vermont's Independent Voice

PENNYMAC LOAN SERVICES, LLC

v.

MICHAEL a. BORTELL APPOINTED EXECUTOR of the ESTATE of KENNETH J. BORTELL and USDA

OCCUPANTS OF: 34 Exchange Street, Middlebury 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 14, 2022, in the above captioned action brought to foreclose that certain mortgage given by Kenneth J. Bortell to Mortgage Electronic Registration Systems, Inc. as nominee for ARK-LA-TEX Financial Services, LLC dba Benchmark Mortgage, dated April 30, 2015 and recorded in Book 276 Page 466 of the land records of the Town of Middlebury, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc. as nominee for ARK-LA-TEX Financial Services, LLC dba Benchmark Mortgage to PennyMac Loan Services, LLC dated November 1, 2017 and recorded in Book 293 Page 293 of the land records of the Town of Middlebury, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 34 Exchange Street, Middlebury, Vermont on January 17, 2023 at 11:00 AM all and singular the premises described in said mortgage,

To wit:

A parcel of land containing 0.14 acres, more or less, with residence and other improvements thereon, known and designated as 34 Exchange Street, being all and the same lands and premises conveyed to Seth Gero & Holly S. Wry by Warranty Deed of Maribeth T. Gero dated April 8, 2011 and recorded at Book 253, Page 496 of the Middlebury Land Records and more particularly described as follows:

Being all and the same lands and premises conveyed to Maribeth Gero by Warranty Deed of Elizabeth D. Hampel dated January 9, 2004, and of record in Volume 206, Page 338 of the Town of Middlebury Land Records, and being more particularly described therein as follows:

"Being all and the same lands and premises conveyed to the herein Grantor and her husband, Harrison B. Hampel, no deceased, by Executor's Deed of Richard S. Emilo, Executor of the Estate of Mary E. Connelly, dated July 15, 1999, recorded in Book 172 at Page 620 of the Middlebury Land Records, and therein described as follows:

Being all and the same lands and premises conveyed to Mary E. Connelly and her husband, Gerald D. Connelly, who predeceased her, by Warranty Deed of Giovanina Emilo and Louis J. Emilo, said deed being dated January 23, 1963, and recorded in Book 58 at Page 513 of the Middlebury Land Records, and being more particularly described therein as follows:

"Being all and the same land and premises conveyed to Grantors herein by Administratrix' Deed of Stella Wooster of the Estate of Bridget, said deed being dated 12 June 1961 and being recorded in Book 57 at page 578 of the Middlebury Land Records, it being all and the same lands and premises described in a deed from Lizzie M. Crannelly (formerly Lizzie M. Wooster) and Edward J. Crannelly to Bridge Wooster, dated 24 November 1905, recorded in Book 34 at page 290 of the Middlebury Land Records and described in said deed as follows: `Beginning at the South West corner of Charles Westhall's home place, thence South on said Westhall's line 93 feet, thence East 80 feet at right angles to last mentioned line to the Satterly line, thence north on the Satterly lot 93 ft. at right angles to said last mentioned line, thence West 80 feet to the place of beginning. Together with right of way for teams (and otherwise) to pass and repass from the North-West corner of said granted lot along said Westhall's line and along the line of lands owned by Henry T. Langworthy to the Rail Road, said Westhall having a right of way from his place to the same point. Also the right to a foot path for foot passengers from the South West corner of said granted lot to Depot Street, so-called.

Meaning hereby to convey the same premises conveyed by Charles C. Peck to Lizzie M. Wooster, by his warranty deed dated August 27, 1883 and recorded in Book 27, Page 185 of Middlebury Land Records, from the record of which deed the above description is copied and it is expressly understood that said description is of the boundaries on August 27, 1883, and that there may now be different abutters.

Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trait, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. ยงยง 601 - 604).

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 bank wire, certified check, bank treasurer's or cashier's check

within sixty (60) days after the date the Confirmation Order is entered by the Court. All checks should be made payable to "Bendett & McHugh, PC, as Trustee".

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 12, 2022
By: /s/ Rachel K. Ljunggren
Rachel K. Ljunggren, Esq.
Bendett and McHugh, PC
270 Farmington Ave., Ste. 151
Farmington, CT 06032