STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION RUTLAND UNIT DOCKET NO: 452-9-17 RDCV Citizens Bank N.A. f/k/a RBS Citizens N.A. et al. Plaintiff vs. R Scott Giguere, et al. Defendant NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by R Scott Giguere and to Charter One Bank, N.A., dated September 10, 2004, and recorded in Book 262, at Page 124, of the City/Town of Killington Land Records, of which mortgage the undersigned is the present holder as successor by merger, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at December 6, 2018 at 1:00PM at 34 Off McClallen Drive, Killington, VT 05751 all and singular the premises described in said mortgage, To Wit: Being all the same lands and premises conveyed to Raymond S. Giguere by quit claim deed of Raymond c. Giguere dated March 9, 1993 and recorded in Book 138, Page 441 of the Killington Land Records; and Being all of the same land and premises conveyed to Raymond S. Giguere and Raymond C. Giguere, by warranty deed of Alfonse Carl Sorrentino? dated April L 13, 1990 and recorded in Book 119, Page 319 of the Killington, Vermont Land Records; and Being all the same land as was conveyed to Alfonse Carl Sorrentino, III, by Warranty Deed of Richard E. Gerzof, dated January 15, 1988 and recorded in Book 104, Page 004 of the Town of Sherburne Land Records and which therein is more particularly described as follows: “Being Lot 12 of the Gerzof Subdivision, so-called, and being a portion of the same lands conveyed to Richard E. Gerzof by Deed of Richard Headley, dated October 6, 1986, and recorded in Book 90, Page 212 of the- Sherburne, Vermont Land Records; and Being a portion of the lands conveyed to Richard E. Gerzof by deed of Helen Frances Bates, dated November 5, 1986 and recorded at Book 91, Page 317 of the Sherburne Land Records; add Being a portion of the lands conveyed to Richard E. Gerzof and Richard D. Headley by Warranty Deed of Jack B. Vining and Madge A. Vining, husband and wife dated August 9, 1985, and recorded in Book 80, Page 315 of the Sherburne Land Records; and Being a portion of the lands conveyed to Richard E. Gerzof and Richard D. Headley by Warranty Deed of Jack H. Vining and Catherine Vining Carey dated August 9, 1985 and recorded at Book 80, Page 317 of the Sherburne Land Records being more particularly described as follows: Being Lot #2 of the said Gerzof Subdivision situated off McClallen Driver Dean Hill and Roaring Brook Roads and beginning at an iron pin set in the southeast line of said Dean Hill Road marking the northwest corner of the parcel herein, conveyed, which iron pin is located a distance of 210.00 feet on a bearing of South 59 degrees 37 minutes 00 seconds East from a 3/4" bent iron pin found located at the east side of the intersection of said Roaring Brook and Dean Hill Roads and which pin marks the easternmost corner of the original lands now or formerly of Richard Gerzof; thence proceeding North 86 degrees 49 minutes 54 seconds East a distance of 472.43 feet along a common boundary line with Lot #1, so-called, to a set iron pin marking the northeast corner of the parcel herein conveyed; thence turning and proceeding South 27 degrees 08 minutes 56 seconds West a distance of 45.16 feet along a common boundary line with Parcel B, so-called. to a boundary point; thence proceeding South 05 degrees 11 minutes 58 seconds West a distance of 74.58 feet along a common boundary line with said Parcel B, to a boundary point marking the southeast corner of the parcel herein conveyed; thence turning and proceeding South 82 degrees 55 minutes 03 seconds West a distance of 335.44 feet along a common boundary line with Lot #3, so-called, to a set iron pin marking the southwest corner of the parcel herein conveyed; thence turning and proceeding North 40 degrees 40 minutes 06 seconds West a distance of 171.00 feet along a common boundary line with Lot #6, so-called, to the point and place of beginning. Said described lands Consist of 1.13 acres be the same more or less. Reference may be had in aid of this description to a certain survey entitled “Land Survey Richard Gerzof Sherburne, Vermont", prepared by Nowlan Engineering of Ludlow, Vermont, dated 10/10/85, Job #85-730, revised through 8/14/87, and recorded in the Sherburne Land Records at Map Book 8, Page.2. Lot #2 is conveyed subject to and benefited by a certain Declaration of Restrictive Covenants, dated October 3, 1986, and recorded at Book 90, Page 205 of the Sherburne Land Records; a First Addendum To A Certain Declaration of Restrictive Covenants, dated July 11, 1987, recorded at Book 98, Page 543 of the Sherburne Land Records; and a Second Addendum To A Certain Declaration of Restrictive Covenants, dated August 23, 1987, recorded at Book 99, Page 409 of the Sherburne Land Records. Lot #2 is conveyed subject to the terms and conditions of State of Vermont Land Use Permit EC-1-0908-2, dated 9/14/87 and recorded in Permit Book 4 at Page 72 of the Sherburne Land Records. Lot #2 is conveyed subject to a Grant of Right of Way 50 feet in width for pedestrian and vehicular access located along the easternmost boundary line of the parcel herein conveyed as more particularly described in an instrument date November 5, 1986 and recorded at Book 91, Page 95 of the Sherburne Land Records and a Declaration of Right of Way dated October 14, 1987 and recorded at Book 101, Page 032 of the Sherburne Land Records. Lot #2 is conveyed subject to an easement reserved for the benefit of the Grantor herein, his heirs and assigns, for the purpose of laying, constructing, maintaining and repairing an underground wastewater sewage pipeline across the above described premises as shown on a certain survey prepared by Nowlan Engineering of Ludlow, Vermont entitled “Subdivision Plan Richard Gerzof Sherburne, Vermont”, dated 5/30/86, job 86-730,m revised through 8/13/87, and which easement’s exact location shall be determined upon installation. Said easement shall include the right to enter the easement premises at reasonable times for the purpose above described. 1. The premises are subject to a "Consent to Special Assessment to Finance Sherburne Fire District Sewage System”, dated May 2, 1983 and recorded at Book 58, Page 436 of the Sherburne Land Records. 2. The premises are or may be subject to the following utility easements: A. A 50' Pole Line Right of Way Easement to Central Vermont Public Service Corporation, dated December 14, 1964, and recorded at Book 22, Page 476 of the Sherburne Land Records; B. An easement for an Anchor Guy to (Antral Vermont Public Service Corporation, dated January 3, 1965, and recorded at Book 22., Page 476 of the Sherburne Land Records; C. A 50' Right of Way Easement to Helen Bates. dated November 5, 1986 and recorded at Book 91, Page 82 of the Sherburne Land Record. D. A 50' Declaration of Right 62 Way, dated October 14, 1987 and recorded at Book 101, Page 032 of the Sherburne Land Records. 3. The premises are subject to the following Declarations: A. Declaration of Restrictive Covenants, dated October 3, 1986 and recorded at Book 90, Page 205 of the Sherburne Land Records. B. First Addendum to a Certain Declaration of Restrictive Covenants, dated July 11, 1987, and recorded at Book 98, Page 543 OF the Sherburne Land Records. C: Second Addendum to a Certain Declaration of Restrictive Covenants, dated October 23, 1987, and recorded at Book 99, Page 409 of the Sherburne Land Records, 4. The premises are subject to the terms and conditions of the following State of Vermont Land Use Permits: A. Land Use Permit EC-1-0908, dated June 18, 1986 and recorded in Permit Book 3, Page 263 of the Sherburne Land Records; B. Land Use Permit EC-1-0908-2, dated September 15, 1987 and recorded in Permit Book 4, Page 71 of the Sherburne Land Records; 5. Approval of Allocation of Administrative Officer of Sherburne Fire District #1 for Sewerage ERU's for Lot #4 dated June 29, 1989 and recorded in Book 115 at Page 209 of the Sherburne Land Records. 6. State of Vermont Land Use Permit EC-1-0018-2, dated June 25, 1995 The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. 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 or service 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. 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. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the said mortgage above described. 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 sale Citizens Bank N.A. f/k/a RBS Citizens N.A. __________________________________ Jeffrey J. Hardiman, Esq., Bar No. 4632 BROCK & SCOTT, PLLC 1080 Main Street, Suite 200 Pawtucket, RI 02860 Phone: 401-217-8701 Fax: 401-217-8702

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