Details for TIME AND PLACE OF PUBLIC SALE:
48 Frontage Road,
By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Kelly J. Lemoine to Peoples Trust Company of St. Albans dated August 24, 2016 and recorded in Book 178, Page 218 of the Town of Highgate Land Records, of which Mortgage Federal National Mortgage Association is the present owner and Peoples Trust Company of St. Albans is the servicer;
Also by virtue of a Certificate of Non-Redemption dated September 3, 2019 and a Stipulated Judgment and Decree of Foreclosure by Judicial Sale entered August 2, 2019 in a matter entitled Peoples Trust Company of St. Albans, For Itself and As Servicer for Federal National Mortgage Association v. Cindy M. Rainville, As Executor of the Estate of Kelly Joseph Lemoine, et al., Docket No. 225-6-19 Frcv, and to be recorded in the Town of Highgate Land Records.
TIME AND PLACE OF PUBLIC SALE: For breach of the conditions of and for the purpose of foreclosing said Mortgage, and also for the purpose of effectuating said Stipulated Judgment and Decree of Foreclosure by Judicial Sale, the property described in said Mortgage will be sold at Public Auction on October 23, 2019 at 11:00 am at the property addresses of 48 Frontage Road in Highgate, Vermont.
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 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.
PROPERTY DESCRIPTION: The property being sold is all and the same lands and premises described in said Mortgage, to wit:
Being all and the same lands and premises conveyed to Kelly J. Lemoine by Quit Claim Deed of Sandra L. Lemoine dated March 24, 2011 and recorded in Book 159, Pages 40-41 of the Town of Highgate Land Records, and being more particularly described as follows:
Being all and the same lands and premises conveyed to Kelly J. Lemoine and Sandra L. Lemoine by Warranty Deed of Gerald F. Carton and Cheryl M. Carton dated August 25, 1978 and recorded in Book 58, Page 420 of the Town of Highgate Land Records, and more particularly described as follows:
Being a lot of land, with all buildings thereon, located on the westerly side of Frontage Road, so-called, in that part of the Town of Highgate known as Pages Corners, which said property is bounded on the easterly by the Frontage Road; on the northerly by lands and premises of Ronald Conger and wife; on the westerly by lands and premises now or formerly of Gary Hakey and on the southerly by the lands and premises of Julian and Aline Laroche, which said parcel is more particularly descried as follows:
Beginning at a point in the centerline of the said Frontage Road, which said point marks the southeasterly corner of lands and premises of the said Congers; thence proceeding in a westerly direction in and along the southerly boundary line of the said Congers property a distance of two hundred fifty (250) feet, more or less, to a point; thence turning an angle and proceeding in a southerly direction in and along the easterly sideline of lands and premises now or formerly of the said Gary Hakey a distance of one hundred fifty eight (158) feet, more or less, to a point; thence turning an angle and proceeding in an easterly direction a distance of two hundred fifty (250) feet, more or less, to a point in the centerline of the said Frontage Road; thence turning on an angle and proceeding in a northerly direction in and along the centerline of the said Frontage Road a distance of one hundred fifty eight (158) feet, more or less, to the point of beginning.
This property is subject to a certain water right unto Ronald Conger and Cheryl Conger and their heirs and assigns as more fully set out in a certain Warranty Deed from Gerald F. Farton to Ronald Conger and Cheryl Conger dated October 8, 1976 and recorded in Book 58, Page 278 of the Town of Highgate Land Records.
Also being all and the same land and premises conveyed to Gerald F. Carton by Quitclaim Deed of Julian and Aline Laroche dated January 24, 1977 and recorded in Book 60, Page 3 of the Town of Highgate Land Records.
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 description of the property contained in the Mortgage shall control in the event of a typographical error in this publication.
TERMS OF SALE: To qualify to bid, prospective bidders must tender to the auctioneer before the sale the amount of $10,000.00 (the "Bid Qualifying Deposit") in cash, certified funds, bank check, or other primary bank obligation, unless the parties agree on some other amount. The property shall be sold to the highest bidder, and the successful bidder's Bid Qualifying Deposit shall be held as a non-refundable deposit. All other Bid Qualifying Deposits shall be returned to the unsuccessful bidders who supplied them.
The successful bidder will be required to sign a "no contingency" purchase and sale agreement at the conclusion of the auction. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the Mortgage. The closing shall be held, and the balance of the purchase price shall be due and payable in cash, certified funds, bank check, or other primary bank obligation, within fourteen (14) days after the sale has been confirmed by the Court, unless such date is mutually extended by the parties.
RIGHT TO REDEEM: 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 Public Auction. Inquiries may be made with the Thomas Hirchak Company, 1878 Cady's Falls Road, Morrisville, VT 05661. Telephone: 1-800-634-7653.
PEOPLES TRUST COMPANY OF ST. ALBANS,
For Itself and As Servicer for
Federal National Mortgage Association
By: Renee L. Mobbs, Esq., Its Attorney
SHEEHEY FURLONG & BEHM P.C.
30 Main Street, 6th Floor
PO Box 66
Burlington, VT 05402