STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT, CIVIL DIVISION DOCKET NO: 361-12-18 BNCV DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-2, ASSET-BACKED CERTIFICATES, SERIES 2006-2 v. JAMES E. KITTRELL AKA JAMES KITTRELL, KAREN W. KITTRELL, VERMONT DEPARTMENT OF TAXES AND US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE1 OCCUPANTS OF: 196 Glastenview Drive, Shaftsbury VT MORTGAGEE’S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered November 18, 2019, in the above captioned action brought to foreclose that certain mortgage given by James E. Kittrell to CTX Mortgage Company, LLC, dated August 30, 2005 and recorded in Book 125 Page 653 of the land records of the Town of Shaftsbury, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from CTX Mortgage Company, LLC to Centex Home Equity Company, LLC, dated November 9, 2005 and recorded in Book 125 Page 835; (2) Assignment of Mortgage from Centex Home Equity Company, LLC to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2, dated September 9, 2005 and recorded in Book 137 Page 310, both of the land records of the Town of Shaftsbury for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 196 Glastenview Drive, Shaftsbury, Vermont on September 20, 2021 at 10:00AM all and singular the premises described in said mortgage, To wit: Being the same lands and premises as were conveyed to David E. King by Quit Claim Deed of Davit E. King and Teresa M. King, said deed dated January 31, 2002 and recorded February 11, 2002, in Book 111 at page 230 of the Shaftsbury, Vermont Land Records and being therein described as follows: Being the same lands and premises as were conveyed to David E. King and Teresa M. King by Warranty Deed of James M. Carey and Patricia I. Carey, said deed dated March 31, 1988 and recorded March 31, 1988 in Book 73 at pages 484-485 of the Shaftsbury, Vermont Land Records and being therein described as follows: Being all of the same lands and premises conveyed by Edwin A. Colvin and Barbara D. Colvin to James M. Carey and Patricia I. Carey, by Warranty Deed dated August 8, 1977, recorded in the Shaftsbury, Vermont Land Records on August 9, 1977, in Book 58 at Page 304, and therein described as follows: “Being Lot No. E-2 as shown on a plan of Lots of Glastenview Meadows, so-called in said Town of Shaftsbury prepared by Cadiz Consultants, Inc., a copy of which is on file in the Shaftsbury Town Clerks Office, which lot is more particularly described as follows: “Beginning at a pin in the easterly line of Glastenview Drive marking the northwest corner lot of Lot E-3 and the southwest corner of the herein described parcel; thence N 87 deg. 11’E 182.63 feet to a pin; thence N 87 deg. 11’E 108.52 feet to a point in the northerly line of lot E-6; thence N 3 deg. 37 1/2’ E 138.26 feet to a point; thence S 87 deg. 11’W 291.15 feet to the easterly line of Glastenview Drive; thence S 3 deg. 37 1/2’ W 138.26 feet to the point of beginning. “Said parcel contains 40,000 square feet. “These premises are conveyed subject to the following restrictive covenants, which restrictions shall apply to all of the lands of Colvin lying southerly of a hedge row, the westerly terminus of which is marked by a 36 inch maple tree, as shown on a survey map entitled ‘Jason Daniel – Edwin Colvin, Shaftsbury, Vermont 1” = 200’ December, 1967, Cadiz Consultants, Inc., Bennington, Vermont.’ (a) The lands hereby conveyed shall not be used for any industrial or commercial purpose, nor for any other non-residential purpose whether or not enumerated herein, except that a resident may maintain his or her professional office on premises hereby conveyed. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage, greenhouse and a tool and storage house or other accessory building to be used in connection with the maintenance of the lands and premises herein conveyed. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. Nothing herein contained, however, shall be construed to prevent the construction of trellises, arbors or other structures whether or not attached to the dwelling designed for the pleasure or recreation of the owners hereof, nor of private tennis courts, swimming pools or of any other private play area. No trailers or mobile homes shall be placed or maintained either permanently or temporarily on any portion of the lands conveyed hereby. (b) No building shall be permitted on the lands herein conveyed at a cost of less than $25,000 based upon cost levels prevailing on the date of this deed, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and material substantially the same or better than that which can be produced on that date, at the minimum cost stated herein. (c) No building shall be located on any lot nearer to any street line than 50 feet, provided, however, that steps, windows, porches, and other similar projections may be within said distance and except that a garage appurtenant to a single family dwelling may be within 30 feet of a lot line. No subdivision may be permitted at any are of the lands governed by these restrictions involving an area of less than 40,000 square feet and fronting at least 150 feet on an access road or right of way. Houses shall be constructed with at least a 1000 gallon concrete septic tank and a 200 lineal foot each field. No trees on the premises may be cut without written permission of grantors, their heirs and assigns. (d) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (e) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any portion of said premises, except that household pets may be kept provided they are not kept, bred or maintained for any commercial purposes. (f) No part of said premises shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. (g) These covenants are to run with the land and shall be binding on all persons claiming under them for a period of thirty years from the date of these covenants, recording in the Shaftsbury Town Clerks Office, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the premises affected thereby has been recorded agreeing to change said covenants in whole or in part. (h) Enforcement shall be by proceedings at law or in equity by any owner of premises covered by these covenants against any person or persons violating or attempting or threatening to violate any covenant either to restrain violation or remove any violation or to recover damages. (i) Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect” SUBJECT to any utility easements or other easements and rights of way of record. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. 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. DATED : August 11, 2021 By: ___/s/ Rachel K. Ljunggren__________ Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032

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