Auction: 914 Gage Street, Bennington 2013-06-17

STATE OF VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL

STATE OF VERMONT

SUPERIOR COURT 
BENNINGTON UNIT

CIVIL DIVISION
DOCKET NO: 113-3-10 
Bncv

BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 
F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP
Plaintiff

v.

MADALYN E. HELGERT;
Defendants
NOTICE OF SALE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Madalyn E. Helgert to Mortgage Electronic Registration Systems, Inc., as nominee for CTX Mortgage Company, LLC dated April 9, 2008 and recorded in Book 453 at Page 142 of the City/Town of Bennington Land Records, of which mortgage the undersigned is the present holder by Assignment of Mortgage recorded on April 12, 2010 in Book 470 at Page 191, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:15 a.m. on June 17, 2013 at 914 Gage Street, Bennington, VT 05201 all and singular the premises described in said mortgage,

To Wit:

Being the same lands and premises conveyed to Madalyn E. Helgert by Warranty Deed of Joel L. Howard and Cynthia I. Howard dated April 28, 2006 and recorded April 28, 2006 in Book 431, at Page 163 of the Bennington, Vermont Land Records and being therein described as follows: 

Being the same lands and premises conveyed to Joel L. Howard,Cynthia I. Howard and Eleanor R. Howard, Sr. by Quitclaim Deed of Eleanor R. Howard, dated February 13, 2004 and recorded February 18, 2004, in Book 406, at Page 32 of the Bennington, Vermont Land Records and being therein described as follows: 

Being a certain parcel together with the dwelling house and other improvements situate thereon, located at 914 Gage Street; and being all and the same lands and premises conveyed to the Grantor herein, the said Eleanor R. Howard by Warranty Deed of Amy H. Howard, dated July 18, 1979 and recorded August 24, 1979 in Book 0-229, at Page 65 of the Bennington Land Records. 

Being the same land and premises as those conveyed to this Grantor, the said My. H. Howard and Raymond E. Howard, her husband, since deceased, by Frederick E. Howard and Jessie M. Howard by their Warranty Deed dated June 9, 1950, and recorded in Book 0-117, at Page 10 of the Land Records of the Town of Bennington; said land and premises being therein described as follows: 

“BEGINNING at an iron pipe in the north line of Gage Street, so-called, in the Village of Bennington, Vermont, said pipe marking the southeast corner of lands formerly of Alice C. Voorhis and the southwest corner of the herein described property; thence running northerly along the east line of lands of the said Voorhis eighty and one-tenth feet (80.10) to an iron pipe; thence turning an included angle of eighty-nine degrees and six minutes (89° 6′) and running easterly along the south line of lands now or formerly of Elizabeth Allard fifty-three and seventy-two hundredths feet (53.72) to an iron pipe; thence turning an included angle of ninety-five degrees and twenty-six minutes (95° 26′) and running through lands of these grantors seventy-nine and fifty-one hundredths feet (79.51) to an iron pipe; thence turning an included angle of eighty-five degrees and twenty-eight minutes (85° 28′) and running westerly along the north line of said Gage Street sixty feet (60.00) to the place of beginning.

Plaintiff may adjourn this Public Auction one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment. Terms of Sale: $10,000.00 to be paid in cash or by certified check by the purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the Town of Bennington.

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.

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Richard J. Volpe, Esq., Shechtman, Halperin, Savage, LLP, 1080 Main Street, Pawtucket, RI 02860, 877-575-1400, Attorney for Plaintiff

(5506740)(Helgert)(05-23-13, 05-30-13, 06-06-13)(298418)