PROPERTY ADDRESS: 890 NICHOLS HILL ROAD, DORSET VT
OWNER NAME(S): ADAMS DEVELOPMENT CORPORATION
AUCTION DATE: AUGUST 2, 2012
AUCTION TIME: 10 A.M.
AUCTION LOCATION: At Property Address
The following is the legal notice or newspaper advertisement for this auction.
If you are interested in purchasing this property, please contact Troy Richardson who can assist you with sources for additional information about the property.
|STATE OF VERMONT WINDHAM SUPERIOR BENNINGTON COUNTY CIVIL
STATE OF VERMONT
BENNINGTON COUNTY CIVIL DIVISION
DOCKET NO.: 21-1-13 Bncv
SAVINGS & LOAN
ADAMS DEVELOPMENT CORPORATION,
NICHOLS HILL INC., and BRIAN PALMITER
NOTICE OF PUBLIC SALE
Pursuant to the Judgment and Decree of Foreclosure by Judicial Sale issued by the Bennington Superior Court in the matter of The Brattleboro Savings and Loan Association vs. Adams Development Corporation, Nichols Hill Inc., and Brian Palmiter, Docket No. 21-1-13 Bncv, in which the Court ordered a public sale of certain mortgaged premises in the event that plaintiff’s judgment on its mortgages remained unsatisfied and no party-defendant redeemed the mortgaged premises. The mortgaged premises being sold consists of one parcel of land, located in Bennington, Vermont and described in said Judgment and Decree of Foreclosure by Judicial Sale as follows:
“It being all the remaining lands and premises conveyed to Adam Development Corporation by Quitclaim Deed and Boundary Line Adjustment by and between Adam Development Corporation and Nichols Hill Inc., dated April 17, 2008 and recorded on April 17, 2008 in Book 151 at Page 567 of the Dorset Land Records, and re-recorded (with Notary Public Signature) for Nichols Hill, Inc. on September 30, 2009 in Book 157, Page 644 of the Dorset Land Records.
The lands and premises being conveyed herein are depicted on a certain map prepared by Paul D. Greineder, L.S., of On Point Land Surveying, bearing the legend Boundary Line Adjustment; Lands of Adam Development Corp. & Charles MacIntosh, dated December 8, 2010, a mylar copy of which is to be filed at the Dorest Town Clerk’s office as Slide H2-107B, and on a map prepared by Charles E. Rockwell of Sitelines, Inc. entitled Nichols Hill Farm Boundary Line Adjustment, Dorset/Rupert, Vermont, dated April 7, 2008, a mylar copy of which has been filed at the Dorset Town Clerk’s Office as Slide H2-87A. All surveyor’s notations, exceptions and comments set forth on the said maps are incorporated herein by reference.
The lands and premises being conveyed herein are more particularly described as follows:
Beginning at a 1″ iron pipe found with 90º bend, 20″ up, loose & leaning northerly, painted blue and in a stone pile, marking the northeast corner of lands now or formerly of The Nature Conservancy and the northwest corner of lands of Steven Davenport; thence running North 11º16’24” West along other lands of Adam Development Corporation, to be conveyed to Charles N. MacIntosh, a distance of 1,092.81 feet to a point marking the northeasterly corner of lands identified as “Parcel II” in the Warranty Deed of Diane M. Brady, Trustee of the Diane M. Brady Trust, to Charles N. MacIntosh, dated September 19, 2008 and recorded on September 26, 2006 in Book 144 at Page 710 of the Dorset Land Records; thence turning and running North 56º18’41” West along other lands of Adam Development Corporation, to be conveyed to Charles N. MacIntosh, a distance of 170.06 feet to a marble monument found; thence turning and running South 79º 18′ East along lands now or formerly of Rosen a distance of 138.7 feet to a marble monument found; thence running North 86º28′ East along lands now or formerly of Rosen a distance of 118.9 feet to an iron pipe set; thence turning and running South 47º17′ East along lands now or formerly of Skulnik a distance of 291 feet to an iron pipe set; thence turning and running North 21º52’East along lands now or formerly of Skulnik a distance of 690 feet to an iron rod set along the easterly edge of the right of way of Nichols Hill Road; thence turning and running North 60º10′ East along the easterly edge of the right of way of Nichols Hill Road a distance of 151 feet to an iron rod found along the easterly edge of the right of way of Nichols Hill Road and marking a westerly corner of lands now or formerly of Magruder; thence running South 38º11′ East along the westerly boundary of lands now or formerly of Magruder a distance of 692 feet to an iron rod found; thence turning and running South 30º01′ West along the westerly boundary of lands now or formerly of Magruder a distance of 113.4 feet to a marble monument found; thence turning and running South 01º21′ East along the westerly boundary of lands now or formerly of Magruder a distance of 234 feet; thence running South 42º25′ West along lands of Davenport a distance 1,105 feet to the point and place of beginning. Supposed to contain 20.5 acres of land, more or less.
The premises are subject to one of two easements conveyed to The Nature Conservancy by instrument of Albert F. Betteridge, III and Diana S. Betteridge, dated December 26, 1998 and recorded in Book 98 at Page 225 of the Dorset Land Records, together with water rights, rights-of-way and other rights reserved in the Warranty Deed of Ethel H. Nichols to Albert E. Betteridge, III, dated May 31, 1989, and recorded on June 1, 1989 in Book 76 at Page 448 of the Dorset Land Records.
The premises also are subject to the terms and conditions of Town of Dorset Minor Subdivision Permit #MI-3-2003, dated April 6, 2004, a memorandum of which was recorded on October 4, 2007 in Book 149 at Page 507 of the Dorset Land Records including the following:
“This lot was created by subdivision. Further subdivision of this lot shall be considered a major subdivision by the Town of Dorset, and shall be subject to the requirements for major subdivision in the applicable regulations at the time of the proposed division.”
The within conveyed lands and premises also are burdened and benefitted by all additional currently valid and enforceable permits, easements and other restrictions of record; provided that no such permits, easements or restrictions shall be renewed or extended by this paragraph.
Also included with the premises is an easement for access and the installation and maintenance of a sewage disposal system on and over a certain portion of the lands of Davenport, all as depicted on the map prepared by Charles E. Rockwell of Sitelines, Inc., and referred to herein above, which was conveyed to Adam Development Corporation by Easement Deed of Nichols Hill, Inc., dated September 29, 2009 and recorded on September 30, 2009 in Book 157 at Page 654 of the Dorset Land Records.
Reference also is made to the:
1.) Quitclaim Deed of Easement of Nichols Hill, Inc. to David Jerry Golobish, dated September 28, 2007 and recorded on October 4, 2007 in Book 149 at Page 511 of the Dorset Land Records, which expanded the width of the said right of way to fifty (50) feet from thirty (30) feet;
2.) Road Maintenance Agreement by and between Nichols Hill, Inc., David Jerry Golobish and the Nature Conservancy, dated as of September 28, 2007 and recorded on October 10, 2007 in Book 149 at Page 536 of the Dorset Land Records; and Restated Road Maintenance Agreement between Nichols Hill, Inc., Adam Development Corporation, Steven Michael Davenport, Trustee
and The Nature Conservancy dated September 29, 2009 in Book 158, Page 565 of the Dorset Land Records; and
3.) Quitclaim Deed of Easement of David Jerry Golobish to Nichols Hill, Inc., dated September 28, 2007 and recorded on October 4, 2007 in Book 149 at Page 515 of the Dorset Land Records, which confirmed the right of Nichols Hill, Inc. to use that portion of the said private roadway that traverses over the northeast corner of lands formerly of David Jerry Golobish before re-entering the lands of Nichols Hill, Inc., for purposes of ingress and egress and the installation and maintenance of utilities; and
4.) State of Vermont Wastewater System and Potable Water Supply Permit #WW-8- 1318, dated January 26, 2010, and related State of Vermont “Exemption Letter” dated December 15, 2011 in Book 165, Page 117 of the Dorset Land Records; and
Reference may be had to the aforementioned deeds and permits for a further and more complete description of the property and for the terms, conditions and restrictions contained therein.
Time and Date of Sale: The above land and premises will be sold at a public auction at 10:00 A.M. on August 2, 2013 at the premises which is described above and is located across the street from 890 Nichols Hill Road in Dorset, Vermont.
Terms of Sale: The successful bidder for the property at the sale shall pay a $10,000.00 deposit in cash or certified funds and provide proof of financing for the balance of the purchase price which shall be paid within 15 days of the confirmation of said sale by the Bennington Superior Court. If the balance of the successful bid price is not so paid within said period, the $10,000.00 deposit shall be forfeited and retained by the plaintiff herein as liquidated damages. The successful bidder shall also be required to sign a contract of Purchase and Sale Contract agreeing to purchase the premises as a result of being the successful and highest bidder at said sale.
THESE SALES ARE SUBJECT TO COURT CONFIRMATION AND TO ANY SUPERIOR MORTGAGES, ENCUMBRANCES AND OTHER INTERESTS, AND TO ALL UNPAID REAL ESTATE TAXES AND ASSESSMENTS TO THE TOWN OF DORSET, VERMONT. THE PREMISES SHALL BE SOLD IN AN “AS IS” “WHERE IS” CONDITION.
THE MORTGAGORS ARE ENTITLED TO REDEEM THE PREMISES AT ANY TIME PRIOR TO THE SALE BY PAYING THE FULL AMOUNT DUE UNDER THE PREVIOUSLY STATED JUDGMENT ORDER.
Other terms will be announced just prior to sale or individuals may inquire for further information from Mark L. Zwicker, P.C., P. O. Box 2455, West Brattleboro, Vermont 05303, (802) 257-1371. Dated at Brattleboro,
Vermont this 18th day of June, 2013.
SAVINGS AND LOAN ASSOCIATION
By: /s/Mark L. Zwicker, Esq.
Mark L. Zwicker, Esq. MARK L. ZWICKER, P.C.
P. O. Box 2455,
965 Western Avenue
Brattleboro, VT 05303
06/20/13, 0627/13, 07/04/13 …. More
|Appeared in: Bennington Banner on 06/20/2013 and 06/27/2013|