STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Rutland Unit Docket No. 249-5-18 Rdcv VERMONT HOUSING FINANCE ) AGENCY, ) Plaintiff, ) ) vs. ) NOTICE OF SALE ) DONALD E. ALGER, RICKFORD G. ) ALGER, DARLENE M. ALGER, ) ROBERT C. POCKETT, RUTLAND ) WEST NEIGHBORHOOD HOUSING ) SERVICES, INC., d/b/a ) NEIGHBORWORKS OF WESTERN ) VERMONT and OCCUPANTS at 32 ) ELM STREET, RUTLAND, 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, Vermont Housing Finance Agency, dated October 22, 2018, the lands and premises which are the subject of this foreclosure action will be sold at Public Auction at 11:00 a.m. on the 21st day of August, 2019, at 32 Elm Street, City of Rutland, 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 Donald E. Alger, Rickford G. Alger (now deceased) and Darlene M. Alger (now deceased), and Judith H. Alger to Marble Bank and was recorded in the City of Rutland Land Records in Book 350 at Page 423, which said mortgage was modified by Loan Modification Agreement-Advance and Extension from Donald E. Alger to Vermont Housing Finance Agency, dated May 15, 2009. Said Mortgage Deed recorded in Book 350, Page 423 was assigned to Vermont Housing Finance Agency by Albank, FSB – Marble Division (formerly known as Marble Bank), by Assignment dated January 23, 1996 and recorded in the City of Rutland Land Records in Book 356 at Page 22. The lands and premises are more particularly described as follows: “Being all and the same lands and premises conveyed to Donald E. Alger and Judith W. Alger, husband and wife, and Rickford G. Alger by Warranty Deed of Robert C. Pockette, dated December 28, 1995, to be recorded in the City of Rutland Land Records, and being more particularly described as follows: Being all and the same lands and premises conveyed to the Grantor herein by Special Warranty Deed of Henry G. Cisneros, Secretary of Housing and Urban Development, dated May 3, 1995 and recorded June 21, 1995 in Book 345, Pages 669-670 of the City of Rutland Land Records, and therein further described as follows: Being all and the same lands and premises conveyed to Grantor herein by Judgment Order and Decree of Foreclosure and Certificate of Non-Redemption and Writ of Possession of the Rutland Superior Court in the matter of Inter-State Federal Savings & Loan Association of Kansas City v. Charles L. Duffin, et al, D/N S0284-94 RcCf, to be recorded prior hereto. Being also all and the same lands and premises conveyed to Charles L. Duffin and Faith R. Duffin by Warranty Deed of Gerry E. Smith and Mary R. Smith, dated June 22, 1990 and recorded in Volume 295, Pages 163-164 of the Land Records of the City of Rutland. The lands and premises are conveyed with the burden and benefit of all easements, covenants and restrictions of record. Reference is hereby made to the above-mentioned instruments, the record thereof, the references therein made, and their respective records and references in further aid of this description. Being all and the same lands and premises conveyed to the United States Secretary of Housing & Urban Development by Deed dated August 30, 1994 and recorded September 20, 1994 in Volume 339, Page 680 of the City of Rutland Land Records, and therein further described.” The Defendant Mortgagor 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 8th day of July, 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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