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Home > Auction: 607-609 Route 9, Woodford 2013-08-23

Auction: 607-609 Route 9, Woodford 2013-08-23

August 6, 2013 by Kathy Sollien Leave a Comment

PROPERTY ADDRESS: 607-609 Route 9, Woodford VT 05201

OWNER NAME(S): WOODS-WOODFORD LLC
AUCTION DATE: AUGUST 23, 2013
AUCTION TIME: 2:30 P.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 
SUPERIOR COURT
Bennington Unit 
CIVIL DIVISION Docket No. 458-12-12 Bncv

PEOPLE’S UNITED BANK,
Successor in interest by merger to Chittenden Trust Company d/b/a Chittenden Bank
Plaintiff
vs.

WOODS-WOODFORD, LLC; et al
Defendants NOTICE OF 
FORECLOSURE SALE

By virtue and in execution of the Power of Sale contained in certain Mortgage given by Woods-Silvia, LLC n/k/a Woods-Woodford, LLC to Chittenden Trust Company d/b/a Chittenden Bank (now People’s United Bank) dated August 30, 2007 and recorded in Book 41, at Page 432 in the Town of Woodford Land Records, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 2:30 P.M. on August 23, 2013, at the site of the real property at 609/607 Route 9, Woodford, Vermont, all and singular the premises described in said Mortgage:

TO WIT: Being Parcel One of Schedule A to the Mortgage described in the Mortgage as follows:

Being the same lands and premises conveyed to Raymond E. Granger, Jr., by Quitclaim Deed of J.J. Dewey & Sons, Inc., said deed dated December 31, 1970 and recorded January 2, 1971 in Book 24 at page 106 of the Woodford, Vermont Land Records and being therein described as follows:

Starting at an iron pin in the northeast corner of the parcel being conveyed, said iron pin being situated approximately 25 feet westerly from the center line of highway #9 as said highway passes through the Town of Woodford, Vermont, said iron pin being further identified as 25.50 feet southerly from the southeast corner of the John Cannavan residence and 42.83 feet easterly from the northeast corner of the Granger residence; thence S44º45’W along a line parallel to and approximately 25 feet westerly from the center line of highway #9, a distance of 300.00 feet, to the lands of A.J. Dewey & Sons, Inc. and to an iron pipe marking the southeast corner of the parcel being conveyed, said iron pipe being situated approximately 25 feet westerly from the center line of highway #9; thence N. 43º23’W along the lands of A.J. Dewey & Sons, Inc. a distance of 60.00 feet to an iron pipe marking the southwest corner of the parcel being conveyed, said iron pipe being near a large rock; thence N38º53’E continuing along the lands of A.J. Dewey & Sons, Inc. a distance of 302.00 feet to the lands of John Cannavan and to an iron pipe marking the northwest corner of the parcel being conveyed; thence S. 43º38’E along the lands of John Cannavan, a distance of 91.-feet to the point of beginning. To contain 0.52 acres and includes the buildings thereon. It is understood this parcel of lands is situated entirely on the westerly side of highway #9 and is subject to what rights, if any, that the State of Vermont or the Town of Woodford may have for maintaining and improving the now existing right of way. Being substantially the same lands and premises conveyed to this Grantor by Warranty Deed of Raymond E. Granger, Sr. and Dorothy Granger as of even date herewith and to be recorded in the Woodford Town Land Records, reference to which deed and the record thereof may be had for a further and more particular description.

Excluding from the above described “Parcel One” are the lands and premises conveyed to Bernard R. Snow and Charlotte B. Snow, by Warranty Deed of Raymond E. Granger and Dorothy M. Granger, said deed dated March 14, 1955 and recorded in Book 21, at page 110 of the Woodford, Vermont Land Records and being described as follows:

Beginning at a stake on the north side of the highway leading from Bennington to Wilmington (Route #9), said stake being on the east side of the property now owned by said Bernard R. and Charlotte B. Snow; thence running easterly along the north line of said highway 196 feet, more or less, to a stone wall; thence running northerly along said stone wall and line of lands now owned by Belle Wright to the south line of lands of Elizabeth E. Dewey; thence westerly along the south line of said Dewey’s land to a stake in the ground; thence southerly along the easterly line of lands now owned by Bernard R. and Charlotte B. Snow to the place of beginning.

Meaning and intending to convey to these grantees, a portion of the lands deeded to these grantors by warranty deed from Rena Bartholomew dated May 26, 1945 and recorded in the land records of the Town of Woodford at page 217 of Book 19.
Reference is made to the Warranty Deed to Woods-Woodford LLC by Woods-Silvia LLC dated October 21, 2007 and recorded October 31, 2007 in Book 41 page 537 of the Town of Woodford Land Records. 

Reference is made to the Warranty Deed to Woods-Silvia LLC by Warranty Deed by Raymond E. Granger, Jr. dated August 30, 2007 and recorded August 30, 2007 in Book 41 page 430 of the Town of Woodford Land Records. 

Parcel Two as described in Schedule A of the Mor tgage was not owned by Raymond E. Granger, Jr. at the time it was purportedly conveyed to Woods-Silvia LLC by Warranty Deed of Raymond E. Granger, Jr. dated August 30, 2007 and recorded August 30, 2007 in Book 41 page 430 of the Town of Woodford Land Records and later described in the Warranty Deed to Woods-Woodford LLC by Woods-Silvia LLC dated October 21, 2007 and recorded October 31, 2007 in Book 41 page 537 of the Town of Woodford Land Records and is not part of the foreclosure.

Reference is hereby made to the above-mentioned instruments, the records thereof, and references therein made, and their respective records and references, in further aid of this description.

The property will be sold in its entirety to the highest bidder as a single unit. It is up to each bidder to perform its own due diligence with respect to the property prior to the public sale that a bidder deems sufficient. 

The public sale of the Mortgaged Property will be “AS IS, WHER E IS, WITH ALL FAULTS” (known or unknown), with no representations or warranties of any kind whatsoever, with the purchaser taking all defects and risks associated with or connected to the property being sold, and all liens of record, restrictions, easements, improvements, covenants, tenancies, rights, encumbrances, and matters of any kind and every nature which may take precedence over the lien of the mortgages being foreclosed.

The high bidder is responsible for the payment of the property taxes and municipal assessments, and any fire district taxes (delinquent and current, with all penalties and interest as of the date of closing on the sale of the property after confirmation of the sale by the Vermont Superior Court). 

In order to qualify to bid at the public sale, at the time of sale, interested persons, other than from the mortgagee, must present to the auctioneer a deposit of $10,000 in the form of cash, a bank treasurer’s check, or certified funds, with the deposit to be increased to 10% of the sale price within 5 days of the public sale, if the deposit does not at least equal 10% of the sale price. The deposit is subject to forfeiture. The mortgagee has the right to credit bid at the sale without producing any deposit. The remaining balance of the purchase price shall be paid in good funds at closing, to occur within thirty (30) days of the public sale or within ten (10) days of Court Confirmation of the Sale by the Vermont Superior Court, Bennington Unit, Civil Division, whichever is later. The sale is subject to
confirmation by the Vermont Superior Court, Bennington Unit, Civil Division. The successful bidder, other than the mortgagee, will have to sign a purchase and sale agreement at the conclusion of the public sale. If the Plaintiff makes the highest bid, Plaintiff shall be required to pay cash or certified funds only to the extent that its bid is in excess of the sum due it by the Defendant Mortgagor up to the date of sale under the Judgment and Decree and the costs and expenses of the sale. 

The person holding the public sale may, for good cause, adjourn the sale one or more times for a total time not exceeding 30 days, 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.

The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due mortgagee plaintiff, including all costs and expenses of sale.

Other terms to be announced at the time of the sale. Inquiries to auctioneer or mortgagee’s counsel.

Sale to be conducted by Vermont licensed auctioneer: Nathan Auction & Real Estate Inc., 370 West Road, Manchester,Vermont 05254. 
Telephone 802-362-3194. eric@nathanre.com.

By: Elizabeth A. Glynn, Esq.
Ryan Smith & Carbine, Ltd.
PO Box 310
Rutland, VT 05702
(802) 786-1000
eag@rsclaw.co m
Attorney for Mortgagee/Plaintiff

07/29/13, 08/05/13, 08/12/13, 08/19/13 …. More
Appeared in: Bennington Banner on Monday, 07/29/2013
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