STATE OF VERMONT VERMONT SUPERIOR COURT RUTLAND UNIT, CIVIL DIVISION DOCKET NO: 668-11-18 RDCV WELLS FARGO BANK, N.A. v. NICHOLAS A. ABATIELL A/K/A NICHOLAS AARON ABATIELL OCCUPANTS OF: 165 Church Street, Rutland 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 July 2, 2019, in the above captioned action brought to foreclose that certain mortgage given by Nicholas Aaron Abatiell and Nicole M. Abatiell to Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Research Center, LLC dba Veterans United Home Loans, dated September 2, 2015 and recorded in Book 647 Page 627 of the land records of the City of Rutland, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Research Center, LLC dba Veterans United Home Loans to Wells Fargo Bank, N.A. dated September 28, 2016 and recorded in Book 657 Page 259 of the land records of the City of Rutland for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 165 Church Street, Rutland, Vermont on March 4, 2020 at 9:00 AM all and singular the premises described in said mortgage, To wit: The Land referred to herein below is situated in the County of Rutland, State of Vermont, and is described as follows: Being all and the same lands and premises conveyed to Nicholas A. Abatiell and Nicole M. Abatiell by Warranty Deed of Glenn M. Horgan and David A. Horgan to be recorded in the City of Rutland Land Records, and more particularly described as follows: Being all and the same lands and premises conveyed to Glenn N. Horgan (s/b Glenn M. Horgan) by Warranty Deed of David A. Horgan, dated December 22, 1989 and recorded at Book 290, Page 832 of the City of Rutland Land Records and is more particularly described as follows: Being all and the same lands and premises conveyed to David A. Horgan and Steven D. Karpyak and Linda L. Karpyak by Warranty Deed dated November 17, 1978, recorded in Book 203, Page 483 of the Rutland City Land Records as more particularly described therein as follows: Being all and the same lands and premises conveyed to Steven D. Karpyak and Linda L. Karpyak, husband and wife, Grantors herein, by Warranty Deed of Hugh G. Barclay, Jr. and Martha M. Barclay, dated March 19, 1976, and recorded in the Land Records of the City of Rutland in Book 184, at Page 29 and therein more particularly described as follows: Being and singular those same lands and premises conveyed to John F. Bowlus and Mary E. Bowlus, husband and wife, by deed of William D. Small and Ruth H. Small, husband and wife, dated July 18, 1960, recorded in the City of Rutland Land Records in Book 111, Page 170 and therein described as follows: Being the premises known as No. 165 North Church Street in said City of Rutland and being all and the same lands and premises conveyed to William D. Small and wife by deed of George McKenzie, Sr. dated March 16, 1948 and recorded in Rutland City Land Records in Book 82 at Page 200 in said deed described as follows: A lot on the west side of Church Street, numbered (188) on the plan of lots on the John M. Allen Farm; reference to plan of said lots as surveyed and drawn by G. W. Ross, C. E. and filed in the office of the City Clerk, City of Rutland. Said plan made for Eayres, Bagley and Burditt and dated July, 1909. The measurements as shown by said plan are 69 feet front and rear and 158 ½ feet deep. For my title see deed of Anna H. Bagley and Leon G. Bagley dated March 15, 1922 and record in Records of City Rutland, City Clerk’s Office, Book 38, Page 305. In consideration for redemption of the property from foreclosure and payment of my outstanding debts and liens, I, David A. Horgan, hereby expressly waive and convey any homestead right and interest I may have now and forever in the above described property. Glenn M. Horgan and Glenn N. Horgan are one and the same person. 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 : January 13, 2020 By: /S/Rachel K. Ljunggren, Esq. Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032
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