STATE OF VERMONT VERMONT SUPERIOR COURT WINDSOR UNIT, CIVIL DIVISION DOCKET NO: 478-11-17 WRCV WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III v. KIRK M. SPARKMAN AND KRISTEN M. TURNER F/K/A KRISTEN M. SPARKMAN OCCUPANTS OF: 930 Potash Brook Road, Chester 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 20, 2018 in the above captioned action brought to foreclose that certain mortgage given by Kirk M. Sparkman and Kristen M. Turner f/k/a Kristen M. Sparkman to Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank of Arizona, dated February 28, 2005 and recorded in Book 92 Page 164 of the land records of the Town of Chester, 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 First National Bank of Arizona to Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III dated July 28, 2017 and recorded in Book 178 Page 175 of the land records of the Town of Chester for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 930 Potash Brook Road, Chester, Vermont on March 26, 2019 at 10:00 AM all and singular the premises described in said mortgage, To wit: Commitment Number: 2005010033 The land referred to in this Commitment is described as follows: Schedule A / Legal Description 930 Potash Brook Road, Chester, Vermont Tax ID No. 322012 Being all and the same lands and premises to be conveyed to Kirk M. Sparkman and Kristen M. Sparkman by Warranty Deed of Joseph A. Panicali, Ronald R. Mortali, Andrew Debenedet and John Debenedet to be dated February_____, 2005 and to be recorded in the Chester Land Records, and being further described as follows: Being all and the same lands and premises conveyed to Joseph A. Panicali, Sr., Ronald R. Mortali, Andrew Debenedet, and John Debenedet by Quit Claim Deed of Ronald R. Mortali, and D.D. and P. Realty, Inc., by its President, Pauline Panicali, dated July 19, 1989, and recorded July 31, 1989 in Book 70, at Page 122 of the Chester Land Records and being further described as follows: Being all and the same lands and premises conveyed to D.D. and P. Realty, Inc., and Ronald R. Mortali by Warranty Deed of Kenneth E. Allen and Edna M. Allen dated March 4, 1974, and recorded March 7, 1974 in Book 50, at Page 145 of the Chester Land Records, and being further described as follows: Being all and the same lands and premises conveyed to Kenneth E. and Edna M. Allen by Warranty Deed of Lowrie Gibb dated August 11, 1972, and recorded September 28, 1972 in Book 47, at Pages 437-440 of the Chester Land Records, and being further described as follows: Being a portion of the same lands and premises conveyed to Lowrie Gibb by Warranty Deed of Alexander and Pauline Rutkowski dated June 8, 1970 and recorded September 30, 1970 in Book 45, at Page 229 of the Chester Land Records, and therein further described as follows: Being a portion of the same lands and premises conveyed to Alexander Rutkowski and Pauline Rutkowski by Warranty Deed of Cazimir J. Juskis and Helen A. Juskis dated April 23, 1960, and recorded April 29, 1960 in Book 39, at Page 309 of the Chester Land Records. The land conveyed herein is more particularly described as follows: "Lot #1: Beginning at an iron pin set on the northerly side of a fifty foot right-of-way as hereinafter described and a cul do sac; thence in a southerly direction 120 feet more or less to an iron pin set in the southerly boundary of. said cul do sac; thence south 08° 42' W a distance of 45.1 feet; thence south 30° 01' 29" east 137.1 feet to an iron pin located at the end of a stone wall; thence south 4° 00' 18" west following a stone wall for a distance of 95 feet to an iron pin located at a stone wall; thence south 74° east 635 feet more or less to an iron pin to be located at the edge of a stone wall; thence turning and running along the aforesaid stone wall a distance of 190 feet in a generally northerly direction to an iron pin located along said stone wall; thence north 51° 20' west a distance of 624.5 feet to an iron pin set at the end of a stone wall; thence south 86° 47' west 162.9 feet following a stone wall; thence south 86° 05' west a distance of 58.2 feet to the place of beginning. Estimated to contain 5.1 acres more or less exclusive of the land contained in the aforementioned cul do sac. Lot #2: Beginning at an iron pin set on the end of a stone wall which point marks the southeast corner of the premises conveyed herein; thence north 73° 52’ 57" west a distance of 535.6 feet which follows a stone wall for part of said distance to an iron pin set at the end of a stone wall; thence north 4° 00' 18" east along part of a stone wall and traces of fence a distance of 377.5 feet to an iron pin set at the edge of a stone wall, which point marks the northwest corner of the promises conveyed herein; thence turning and running along the southerly boundary line of Lot #1 south 74° east 635 feet more or less to an iron pin to be located at the edge of a stone wall which point marks the northeast corner of Lot #2 and the southeast corner of Lot #1; thence turning and running along a stone wall in a southerly direction a distance of 370.3 feet to the place of beginning. Estimated to contain 5.2 acres more or less. “For further reference, see map entitled “Property of Lowrie Gibb, Chester, Vermont, by Dauchy-DiBernardo Associates’ dated June 5, 1972 on file in said Chester Land Records. “Both Lot #1 and Lot #2 conveyed herein with access to and the right to use in common with others for ingress and egress including public utilities that portion of the 50 foot right of way leading from the Potash Brook so-called to and into the said described premises, and this property is conveyed subject to the aforementioned cul de sac contained within the above described parcel. "Both Lot #1 and Lot #2 arc conveyed subject to the following restrictive covenants which are to run with the land: "Lot #1 and Lot #2 shall not be subdivided. No more than one dwelling shall be constructed or placed thereon. The dwelling house shall be of good standard construction, the exterior siding shall be of good quality end suitable material, and the building and the entire premises shell be of good appearance and properly maintained. The dwelling house of said premises shall have at least 1300 square feet of floor space. "Each lot owner shall have his sewage disposal system designed and installed under the supervision also engineer licensed in the State of Vermont. The engineer shall certify the proper installation of the sewage disposal system and file the certification with the Chester Board of Selectmen and with the Protection Division of the Agency of Environmental Conservation. The Agency shall approve said installation in writing prior to the commencement of any improvement “Culverts and ditches used for road and land drainage shall not be obstructed in any manner. Ditches shall be properly maintained by the Grantee, his heirs and assigns. "Said lot shall be used solely for private residential purposes. No commercial buildings such as garages and including tents, trailers, and other similar structures shall be erected, maintained or permitted to exist on said lots other than one private residential dwelling designated for and to be occupied by one family together with an attached or detached garage of one or two automobiles, or any other detached structure to be used in connection with the residence. “Each lot shall be kept in a neat order and repair and no waste or refuse or accumulation or any decaying or offensive substance shall be placed in any lot or allowed to exist thereon. Garbage placed outdoors shall be kept in covered sanitary containers only; the burning of garbage outdoors is hereby prohibited. No clothes drying equipment of any kind which is visible to the general public shall be erected or allowed to remain on any lot. "No vehicle other than those incidental to the current use of the owner and his guests shall be parked or stored, except under cover, e.g. unlicensed vehicles, construction machinery, etc. “As part of the consideration hereof, the Grantor herein, for himself, his successors and assigns hereby covenants and agrees that in all future conveyances of any of the remaining numbered lots, or any future numbered lots in the subdivision, it will include restrictive covenants and agreements identical to those hereinabove set forth. This item will not apply to any roadways, designated by any other appellation than a number, "Before any work defined below shall be commenced, verbal approval shall be secured from the grantor, which approval shall not be unreasonably withheld. “Landscape and Land Use Plan. a. The cutting, topping or pruning of trees or cleaning [sic] of the land and the use of open space. b. The siting of all buildings, structures, roads , utility poles, signs, exterior lighting, radio and television antennae, water supply and sewerage systems and all other improvements. c. Future subdivision of parcels on said plan, "Building Plan. a. Design and exterior finish of all buildings and structures and design of signs, exterior lighting, water supply and sewerage systems and all other improvements. b. Structural specifications." Excepting out: Being a portion of the same lands and premises conveyed to Kirk M. Sparkman and Kristen M. Sparkman by Warranty Deed of Joseph A. Panicali, Sr. and Ronald R. Mortalio dated February 28, 2005 and recorded Match 4, 2005 in Book 93 at Page 292 of the Chester Land Records. Said portion being more specifically described as Parcel 12-A on a survey entitled "Proposed Subdivision of a Property of Parker Rill Associates, LLC, Brookside Drive, Chester, Vermont" dated September 10, 2005 Drawing No. 05-553-1, last revised November 4, 2006, said survey prepared by DBS Surveys, Inc. Said parcel is more particularly described as follows: Commencing at an iron pin set in a corner of a stone wall, said pin forming the southeast comer of the parcel herein described; thence N 73° 52' 06" W 155.83 feet to a point at the end of a stone wall; thence continuing along said atone wall N 73' 33' 09" W 381.20 feet to a 1" iron pin in an intersection of atone waits, said pin fanning the southwest corner of this parcel and the southeast corner of the 7.99 acres +/- parcel owned by Parker Hill Associates, LLC; thence turning and running N 06° 01' 09" E 170.58 feet to a point at the end of a stone wall; thence continuing N 00° 05' 49" W 69.01 feet to a point at the end of a stone wall; thence continuing N 03° 20' 41" B 140.53 feet to an iron pin, said iron pin forming the northwest corner of the parcel herein described and the southwest corner of Parcel 12 as depicted on said survey, being other property of the Grantor; thence turning and naming S 74° 19' 20” E 633.71 feet to an iron pin in a stone wall, said iron pin forming the northeast corner of the parcel herein described and the southeast corner of the aforesaid parcel 12 of the Grantors herein; thence turning and running S 18° 36' 06" W 378.70 feet along the stone wall to the point and place of beginning. Said parcel to contain 5.02 acres +/-. Also included herewith is a right of way along the existing drive sometimes referred to as Brookside Drive from Potash Brook Road, so-called, as mentioned in note 5 on said survey. Also included is a right of way over the southeasterly corner of the Parcel 12 as depicted on said survey, the other premises of the Grantor, said right of way being over a triangular area being commencing at the iron pin marking the southwesterly corner of Parcel 12; thence proceeding N 04° 41' 54" B 93.74 feet to a 1" iron pin; thence tuning and running S 30° 45' 14" E to the intersection of said line with the southerly boundary of Parcel 12 and the northerly boundary of Parcel 12-A; thence turning and running N 74° 19' 20" W along the southerly boundary of Parcel 12 to the point and place of beginning. Said right of way being in common for purposes of ingress and egress and the location of utility lines. Also included is a right of way 50' in width across the lands and premises conveyed to Parker Hill Associates. LLC by the Warranty Deed of Pamela J. Moran dated November 3„ 2005 and recorded November 14, 2005 in Book 94 at Page 375 of the Chester Land Records as depleted on the aforesaid survey. Said right of way being 50' in width and commencing near the southerly end of Brookside Drive, so-called, and continuing in a generally southerly direction along the easterly boundary of the aforesaid premises of Parker Hill Associates. LLC Lot 10-D) and the easterly boundary of the 7.99 acre parcel of Parker Hill Associates. LLC to the southeast corner of with Parcel 12 as depicted on said survey. This conveyance is subject to a Right of First Refusal to Kirk M. Sparkman and Kristen M. Sparkman, for so long as they own the abutting parcel and also only for so long as this parcel remains as land only without a substantially completed residential structure. In the event the Grantee receives an offer acceptable to the Grantee for said parcel rhea the aforesaid Sparkman shall have thirty (30) days from receipt of copy of said offer to either accept or decline to match said offer. If Sparkman accepts said offer then they shall close on said transaction in accordance with the same terms as set forth in the written offer. A recording{ of a certified mail receipt along with an Affidavit of the Grantee concerning the mailing of a copy of such offer by certified mail to Sparkman shall be conclusive as to the notice required under this Right of First Refusal. 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: February 22, 2019 By: /s/ Loraine L. Hite __________________________ Loraine L. Hite, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 (860) 470-2675

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