Details for State of Vermont Mortgagees Notice of Foreclosure Sale of Real Property Under 12 VSA Sec 4952 Et Seq Docket No 216 12 17 Lecv

Updated

STATE OF VERMONT
SUPERIOR COURT
LAMOILLE UNIT

CIVIL DIVISION
DOCKET NO: 216-12-17 LECV

US BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF CABANA SERIES III TRUST;
v.
MICHAEL J. CANNON, THERESE H. JOHANSSON AND JPMORGAN CHASE BANK, NA
OCCUPANTS OF: 49 Eden Street, Hyde Park 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 March 19, 2019, in the above captioned
action brought to foreclose that certain mortgage given by
Michael J. Cannon to Mortgage Electronic Registration Systems,
Inc., as nominee for Homecomings Financial Network, Inc., dated
July 28, 2003 and recorded in Book 108 Page 376 of the land
records of the Town of Hyde Park, of which mortgage the Plaintiff
is the present holder, by virtue of the following Assignments of
Mortgage: (1) Assignment of Mortgage from Mortgage Electronic
Registration Systems, Inc., as nominee for Homecomings Financial
Network, Inc. to The Bank of New York Mellon Trust Company,
National Association fka The Bank of New York Trust Company,
N.A., as Successor to JPMorgan Chase Bank, as Trustee for
Residential Asset Mortgage Products, Inc., Mortgage AssetBacked Pass-Through Certificates, Series 2003-RS8 dated
November 10, 2017 and recorded in Book 170 Page 328; (2)
Assignment of Mortgage from The Bank of New York Mellon
Trust Company, National Association fka The Bank of New York
Trust Company, N.A., as Successor to JPMorgan Chase Bank, as
Trustee for Residential Asset Mortgage Products, Inc., Mortgage
Asset-Backed Pass-Through Certificates, Series 2003-RS8 to U.S.
Bank National Association, not in its individual capacity but solely
as Trustee NRZ Pass-Through Trust X dated May 30, 2018 and
recorded in Book 175 Page 32; (3) Assignment of Mortgage from
U.S. Bank National Association, not in its individual capacity but
solely as Trustee NRZ Pass-Through Trust X to MTGLQ Investors,
L.P. dated February 28, 2019 and recorded in Book 180 Page 60;
and (4) Assignment of Mortgage from MTGLQ Investors, L.P. to
U.S. Bank Trust National Association, as Trustee of the Chalet
Series III Trust dated February 28, 2019 and recorded in Book 180
Page 62, all of the land records of the Town of Hyde Park for
breach of the conditions of said mortgage and for the purpose
of foreclosing the same will be sold at Public Auction at 49 Eden
Street, Hyde Park, Vermont on October 8, 2019 at 12:00 PM all
and singular the premises described in said mortgage,
To wit:
Being all and the same lands and premises conveyed to Michael
J. Cannon by Warranty Deed of Margaret S. Knowlton dated
January 28, 2002 and recorded February 4, 2002 in Book 99
on Page 376 of the Town of Hyde Park Land Records and being
more particularly described as follows:
Being all and the same lands and premises as were conveyed
by Edith Blanche Knowlton to Clayton E. Knowlton (deceased)
and Margaret S. Knowlton by Warranty Deed dated June 13,
1965 of record in Book 37, Page 111, Hyde Park Land Records.
EXCEPTING from the within conveyed lands and premises all
the lands and premises conveyed by Clayton E. Knowlton and
Margaret S. Knowlton to Robert Ethan Knowlton by Warranty
Deed dated February 5, 1979 of record in Book 46, Pages 37
to 39, Hyde Park Land Records.
Also excepting all that was conveyed by Margaret S. Knowlton
to Robert Ethan Knowlton by Quit Claim Deed of Easement
dated January 21, 2000 of record in Book 91, Pages 282 to
283, Hyde Park Land Records.
Also excepting all that was conveyed by Margaret S. Knowlton
to Robert Ethan Knowlton by Quit Claim Deed dated
December 10, 1987 of record in Book 57, Page 272 Hyde Park
Land Records.
The within conveyed parcel is subject to local zoning permit
V99-04 dated June 22, 1999.

The within conveyed parcel is subject to the following permits;
(a)
(b)

HE-5-0263 dated August 11, 1997 of record in
Book 63, Page 446, Hyde Park Lend Records.
HE-5-0263-1 dated November 1999 of record in
Bock 91, Page 292, Hyde Park Land Records.

See also for description to a boundary the following deeds
(a)
(b)

Gisela U. Gminder and Edith Dodgen to Margaret S.
Knowlton dared August 26, 1994 of record in Book
75, Pages 127 to 128, Hyde Park Land Records.
Margaret S. Knowlton to Gisela U. Gminder and
Edith Dodgen dated August 3, 1994 of record in
Book 75, Pages 129 to 130, Hyde Park Land Record.

The within Grantee has had an opportunity to inspect the
premises and accepts them in "as is" condition.
All of the contents, personal property and refuse remaining on
the premises after the closing including items in the barns and
shed shall be the property of the within Grantee and it shall
be his responsibility to dispose of same.
This conveyance is made subject to and with the benefits of
highway easements, utility easements, easements for ingress
and egress, water and pipeline rights, covenants and
restrictions, state and local land use permits, if any, and rights
incident to each of the same as may appear more particularly of
record, provided that this paragraph shall not reinstate any such
encumbrance previously extinguished by the Marketable Record
Title Act, Subchapter 7, Title 27, Vermont Statutes Annotated.
Reference is hereby made to the above-mentioned deeds and
their records and to all prior deeds and their records as they apply
to and affect the lands and premises being conveyed for a more
particular description of the lands and premises herein conveyed.
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: September 6, 2019
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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