STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Rutland Unit Docket No. 540-9-18 Rdcv RUTLAND WEST NEIGHBORHOOD ) HOUSING SERVICES, INC., ) Plaintiff, ) ) vs. ) NOTICE OF SALE ) JOHN CARROLL, ROSEANNA ) CARROLL and OCCUPANTS at ) 41 MEADOW STREET, PROCTOR ) VERMONT, ) ) Defendants. ) _________________________________) By virtue of the order for public sale contained in the Judgment and Decree of Foreclosure by Judicial Sale issued by this Court in favor of the Plaintiff, Rutland West Neighborhood Housing Services, Inc., dated February 12, 2019, the lands and premises which are the subject of this foreclosure action will be sold at Public Auction at 10:00 a.m. on the 7th day of October, 2019, at 41 Meadow Street, Town of Proctor, County of Rutland and State of Vermont. The sale shall be conducted by a sheriff or any licensed auctioneer. The property to be sold is all and singular the premises as described in a certain Mortgage Deed from John Carroll and Roseanna Carroll to Rutland West Neighborhood Housing Services, Inc. and was recorded in the Town of Proctor Land Records in Book 102 at Page 66. The lands and premises are more particularly described as follows: “Being all and the same lands and premises conveyed by Warranty Deed from Wanda Jean Bushey and Marie Annette Fitzgerald to John Carroll and Roseanna Carroll, husband and wife, dated January 29, 2016, and to be recorded in the Town of Proctor Land Records. Said lands and premises are more particularly described as follows: Being all and the same lands and premises conveyed Wanda Jean Bushey and Marie Annette Fitzgerald by deed of Dorothy E. Smith (a/k/a Dorothy E. Harrison Smith) and Vernon A. Smith, both deceased, dated July 23, 2008 and recorded at Book 76, Page 169 of the Town of Proctor Land Records; and Being all and the same lands and premises conveyed to Vernon A. Smith and Dorothy E. Harrison Smith by warranty deed of Stanley E. Bassett dated June 5, 1962 and recorded at Book 12, Page 343 of the Town of Proctor Land Records; and Being all and the same lands and premises conveyed to Vernon A. Smith and Dorothy E. Harrison Smith by quitclaim deed of Margaret H. Bassett dated July 9, 1962 and recorded at Book 12, Page 330 of the Town of Proctor Land Records and is more particularly described as follows: Being the same land and premises deeded to Stanley E. Bassett and Margaret H. Bassett, Husband and Wife, (Margaret H. Bassett’s interest was decreed to Stanley E. Bassett in a Rutland County Court divorce proceeding by decree dated December 11, 1961, which decree is yet to be recorded in the Town of Proctor Land Records) by George A. Paul and Ruth Paul, Husband and Wife, by their deed dated the 19th day of February, 1960, and recorded in the Town of Proctor Land Records in Book 11, Page 341, and therein described as follows: Beginning at a marble post in the supposed northerly line of Meadow Street, which said marble post is about south eighty (80) degrees zero (0) minutes east, about eight hundred ninety-eight (898) feet from the intersection of the said northerly line of Meadow Street with the easterly line of Gorham Bridge Road; thence 1) About north ten (10) degrees east, about one hundred twenty-five (125) feet to a marble post in the southerly line of lands conveyed to Town of Proctor by Vermont Marble Company by deed dated December 16, 1938; thence 2) In the southerly line of Town of Proctor Lands about south eighty (80) degrees zero (0) minutes east, about ninety-seven (97) feet to a marble post; thence 3) About south ten (10) degrees zero (0) minutes west, about one hundred twenty-five (125) feet to a marble post in said supposed northerly line of Meadow Street; thence 4) In the northerly line of Meadow Street about north eighty (80) degrees zero (0) minutes west, about ninety-seven (97) feet to the place of beginning. Containing about twelve thousand one hundred twenty-five (12,125) square feet. Being all and the same premises conveyed to George A. and Ruth Paul by Vermont Marble Company by deed dated September 26, 1947, and recorded in Proctor Land Records in Book VIII at Page 61, to which deed and record, reference may be had for a further description. Reserving to Vermont Marble Company, its successors and assigns, all riparian rights in and to Otter Creek and the right to run, throw or cause to be run or thrown into said Oter (sic) any sand, dirt or other debris, without liability for any damage caused thereby by flowage or otherwise. Reserving also, for the benefit of the Village of Proctor, the right to lay across said premises, as the public convenience may require, public sewers and water mains, and to enter and reenter upon said premises for the purpose of constructing, repairing or maintaining the same, provided that whenever the ground is dug up for such purposes, it shall be restored, as nearly as may be, to its original condition, and that said Village shall pay for any damage done to the herbage or growing crops. Provided, however, and this deed is upon the condition that said premises shall not be used for the sale of malt or spirituous liquors or for any purpose calculated to injure the reputation of the same or of the neighborhood, and that no nuisance shall be erected, maintained or permitted thereon.” The Defendant Mortgagors shall be entitled to redeem the premises at any time prior to the sale by paying the full amount due under the Mortgage, together with the costs and expenses of sale. TERMS OF SALE The above-described property foreclosed by the Judgment and Decree of Foreclosure by Judicial Sale issued in this matter shall be sold to the highest bidder in “AS IS” condition and subject to all outstanding municipal assessments. The property shall be sold as a whole and not in parcels. The terms of the sale shall be cash, certified bank draft or official bank (treasurer’s) check for the full amount of the purchase price. In the alternative, bidders may provide a Ten Thousand Dollar ($10,000.00) down payment (by cash, certified bank draft or official bank (treasurer’s check) with written evidence of bank financing acceptable to Plaintiff in its sole discretion, with closing to take place not later than ten (10) days from the date of confirmation of the sale by the Court. In the event that the high bidder fails to close for any reason, the Ten Thousand Dollar ($10,000.00) down payment shall be forfeited to the Plaintiff, in which case Plaintiff in its sole discretion may then either proceed to re-auction at a second judicial sale or seek to amend the Confirmation Order to approve a sale to the second highest bidder. The high bidder may also be required to sign a Purchase and Sale Agreement. The sale shall further be subject to confirmation by this Court at a hearing to be held at the Vermont Superior Court, Rutland Unit. Custodian of the proceeds of the sale pending confirmation shall be Webber, Chapman & Kupferer, Ltd. OTHER TERMS to be announced at the sale. DATED at the City of Rutland, County of Rutland and State of Vermont, this 5th day of September, 2019. WEBBER, CHAPMAN & KUPFERER, LTD. By: /s/GARY R. KUPFERER________________ Gary R. Kupferer, Esquire Attorneys for the Plaintiff 25 Washington Street Rutland, Vermont 05702 802-773-9109 kupferer@sover.net

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