Mortgagee Notice of Foreclosure Sale of Real Estate | Legal Notice

STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT, CIVIL DIVISION DOCKET NO: 361-12-18 BNCV DEUTSCHE BANK NATIONAL TRUST COMPANY, AS ADMINISTRATOR FOR SOUNDVIEW HOME LOAN TRUST 2006-2, ASSET ATTENDED CERTIFICATES, SERIES 2006-2 vs. JAMES E KITTRELL AKA JAMES KITTRELL, KAREN W. KITTRELL, VERMONT DEPARTMENT OF TAXES AND US BANK NATIONAL ASSOCIATION, AS A DIRECTOR OF CITIGROUP MORTGAGE LOAN TRUST, INC. PROPERTY OF LESS THAN 12 YEARS VSA sec 4952 and following. Pursuant to the Order of Judgment and Decree of Foreclosure entered on November 18, 2019, in the aforesaid action brought to garnish this certain Mortgage granted by James E. Kittrell to CTX Mortgage Company, LLC, dated August 30, 2005 and registered in Book 125 Page 653 of the Land Records of the Town of Shaftsbury, the mortgage of which is presently held by the Applicant, under 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 of record at Book 125 Page 835; (2) Assignment of Mortgage of Centex Home Equity Company, LLC to Deutsche Bank National Trust Company, as Trustee of Soundview Home Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2, dated September 9 2005 and recorded in Book 137 Page 310, both land records of the City of Shaftsbury for breach of the terms of said mortgage and for the purpose of foreclosure thereof shall be sold at public auction at 196 Glastenview Drive, Shaftsbury, Vermont on the 21st February 2022 at 12:00 p.m. all and in the singular the premises described in the said mortgage, namely: being the same lands and premises as those conveyed to David E. King by the deed of disclaimer of David E. King and Teresa M. King, said deed dated January 31, 2002 and registered February 11, 2002, in book 111 at page 230 of the land records of Shaftsbury, Vermont and being described therein as follows: Being the same lands and premises as were transferred to David E.K ing and Teresa M. King by Deed of Guarantee of James M. Carey and Patricia I. Carey, said Deed dated March 31, 1988 and registered March 31, 1988 in Book 73 at Pages 484-485 of the Land Records of Shaftsbury, Vermont and being described therein as follows: Being all 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 records of Shaftsbury, Vermont on August 9, 1977, in Book 58 at page 304, and described therein as follows: “Being Lot No. E-2 as shown on a plan of lots for Glastenview Meadows, being -saying in the said town of Shaftsbury, prepared by Cadiz Consultants, Inc., a copy of which is on file in the Shaftsbury Town Clerks Office, the lot of which is more particularly described as follows: “Commencing at a pin in the east line of Glastenview Drive marking the northwest corner of lot E-3 and the southwest corner of the parcel de written herein; then N 87 deg. 11’E 182.63 feet at hairpin; then N 87 deg. 11’E 108.52 feet to a point on the northern line of lot E-6; then N 3 deg. 37 1/2′ E 138.26 feet to a point; then S 87 deg. 11′ W 291.15 feet to the east line of Glastenview Drive; then S 3 deg. 37 1/2′ W 138.26 feet to starting point. “The said parcel contains 40,000 square feet. “These premises are surrendered subject to the following restrictive covenants, which restrictions shall apply to all Colvin lands lying south of a row of hedges, the west end of which is marked by a 36 inch maple tree, such as shown on a survey map titled ‘Jason Daniel – Edwin Colvin, Shaftsbury, Vermont 1′ = 200′ December 1967, Cadiz Consultants, Inc., Bennington, Vermont.’ (a) The lands conveyed hereby shall not be used for industrial or commercial purposes, or for any other non-residential purpose whether or not enumerated herein, except that a Resident may maintain his professional office on the premises conveyed by the present. No building shall be erected, altered, placed or permitted to remain on any lot other than a detached single family dwelling not exceeding two and a half stories in height and a private garage, greenhouse and tool and storage shed or other accessory building to be used in connection with the maintenance of the land and premises transferred hereby. No structure of a temporary nature, trailer, basement, tent, cabin, garage, barn or other outbuilding shall be used on a lot at any time as a residence, temporarily or permanently. However, nothing contained herein shall be construed as preventing the erection of trellises, arbors or other structures attached or unattached to the dwelling designed for the enjoyment or recreation of the owners, nor of private tennis courts, swimming pools or any other private playground. No trailer or mobile home shall be permanently or temporarily placed or maintained on any part of the lands hereby conveyed. (b) No construction shall be permitted on the lands hereby conveyed at a cost of less than $25,000 based on the cost levels prevailing at the date of this deed, the intention and purpose of this provision being to ensure that all Dwellings be of substantially the same or better quality of workmanship and materials than can be produced on that date, at the minimum cost set forth herein. (c) No building shall be situated on a lot within 50 feet of a street line, provided, however, that steps, windows, porches and other similar projections may be within this distance and except that a garage belonging to a single-family dwelling may be within 30 feet of a lot line. No subdivision may be permitted on any of the lands governed by these restrictions involving an area of ​​less than 40,000 square feet and giving at least 150 feet of frontage on an access road or a right-of-way. Homes must be built with at least a 1,000 gallon concrete septic tank and 200 linear feet of land. No tree on the premises may be cut without the written authorization of the grantors, their heirs and assigns. (d) No harmful or offensive activity shall be carried on on a lot, and nothing shall be done thereon which may be or become an annoyance or nuisance to the neighbours. (e) No animal, livestock or poultry of any kind shall be bred, bred or kept on any part of the said premises except that domestic animals may be kept provided they are not kept, bred or maintained for commercial purposes. (f) No part of said premises shall be used or maintained as a garbage dump. Garbage, trash or other waste should only be kept in sanitary containers. All incinerators or other equipment storing or disposing of these materials must be maintained in a clean and sanitary condition. (g) These covenants shall run with the land and shall bind all persons who apply therefor for a period of thirty years from the date of such covenants, registered in the Clerk’s office of the Town of Shaftsbury, after which time said covenants shall automatically extend for successive periods of 10 years unless an instrument signed by a majority of the then owners of the premises concerned has been registered agreeing to vary the said covenants in whole or in part. (h) Enforcement shall be in proceedings at law or in equity by any owner of premises covered by these covenants against any person or persons breaching or attempting or threatening to breach any covenant either to prevent breach or remove any breach or to obtain damages. (i) The invalidation of any of these covenants by judgment or order of a court shall in no way affect the other provisions which shall remain in full force and effect ‘SUBJECT to any utility easements or other easements and registration rights of way. Reference is made here to the above instruments and the recordings and references therein to further aid this description. Conditions of Sale: Said premises will be sold and transferred subject to all liens, charges, unpaid taxes, fiscal titles, municipal liens and assessments, if any, which take precedence over the said mortgage described above. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by certified check, bank treasurer’s check or cashier’s check at the time and place of sale by the purchaser. The balance of the purchase price must be paid by wire transfer, certified check, bank treasurer’s check or cashier’s check within sixty (60) days of the date the confirmation order is registered with the court. All checks should be made payable to “Bendett & McHugh, PC, as Trustee”. The mortgagor has the right to redeem the premises at any time before the sale by paying the full amount owing under the mortgage, including the costs and expenses of the sale. Other conditions to be announced at the time of the sale. DATED: January 13, 2022 By: _/s/ Rachel K. Ljunggren______ Rachel K. Ljunggren, Esq. Bendett and McHugh, PO Box 270 Farmington Ave., Ste. 151 Farmington, CT 06032

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