Mortgagee Foreclosure Notice Sale of Real Estate | Legal Notice

STATE OF VERMONT SUPERIOR COURT OF VERMONT BENNINGTON UNIT, CIVIL DIVISION DOCKET NO: 361-12-18 BNCV DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-2, CERTIFICATES INSURED TO ASSETS, SERIES 2006-2 c. JAMES E KITTRELL AKA JAMES KITTRELL, KAREN W. KITTRELL, VERMONT TAX DEPARTMENT AND NATIONAL BANK OF THE UNITED STATES ASSOCIATION, AS DIRECTOR OF CITIGROUP MORTGAGE TRUST, INC. PROPERTY LESS THAN 12 VSA sec 4952 et seq. Pursuant to the judgment order and foreclosure decree entered on November 18, 2019, in the above captioned action brought to prohibit this mortgage given by James E. Kittrell to CTX Mortgage Company, LLC, dated August 30, 2005 and recorded in Book 125 Page 653 of the Land Registers of the Town of Shaftsbury, of which the Applicant is the current Mortgage Holder, under the following Mortgage Assignments: (1) CTX Mortgage Company Mortgage Assignment , LLC to Centex Home Equity Company, LLC, dated November 9, 2005 and recorded in Book 125, page 835; (2) Assignment of mortgage from Centex Home Equity Company, LLC to Deutsche Bank National Trust Company, as administrator 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 City of Shaftsbury Land Records for breach of the terms of said mortgage and for the purpose of foreclosure will be auctioned off at 196 Glastenview Drive, Shaftsbury, Vermont on September 20, 2021 in 10:00 a.m. all and especially the premises described in said mortgage, namely: being the same lands and premises as those which were ceded to David E. King by the deed of renunciation of Davit E. King and Teresa M. King, said deed dated January 31, 2002 and recorded February 11, 2002, in Shaftsbury, Vermont Land Records, Book 111 on page 230 and described therein as: being the same lands and premises as those ceded to David E. King and Teresa M. King by warranty Deed of James M. Carey and Patricia I. Carey, said deed dated March 31, 1988 and recorded on March 31, 1988 in Book 73 at pages 484-485 of Shaftsbury, Vermont Land Records and described therein as follows: being all the same lands and premises ceded by Edwin A. Colvin and Barbara D. Colvin to James M. Carey and Patricia I. Carey, by Deed of Guarantee dated August 8, 1977, recorded in Shaftsbury, Vermont Land Records on August 9, 1977 , in Book 58 on page 304, and is described therein as follows: “Being Lot No. E-2 as shown on a Plan of the Lots of Glastenview Meadows, so-called in the said town of Shaftsbury, prepared by Cadiz Consultants, Inc., a copy of which is on file at Shaftsbury. Office of the Town Clerk, the lot of which is more particularly described as follows: “Beginning 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 here described; from there N 87 deg. 11’E 182.63 feet to an axis; from there N 87 deg. 11’E 108.52 feet to a point in the north line of lot E-6; from there N 3 deg. 37 1/2 ‘E 138.26 feet to a point; from there S 87 deg. 11’W 291.15 feet to the east line of Glastenview Drive; from there S 3 deg. 37 1/2 ‘W 138.26 feet to starting point. “Said parcel contains 40,000 square feet. “These premises are being transferred subject to the following restrictive covenants, which restrictions will apply to all Colvin lands located south of a hedge whose western terminus is marked by a 36 inch maple tree, as shown on a map of survey titled ‘Jason Daniel – Edwin Colvin, Shaftsbury, Vermont 1 ”= 200’ December 1967, Cadiz Consultants, Inc., Bennington, Vermont. ‘ (a) The lands ceded herein shall not be used for industrial or commercial purposes, or for any other non-residential purpose, whether or not listed herein, except that a resident may maintain his professional office. in the premises ceded hereby. No building shall be erected, modified, placed or authorized to remain on a lot other than a single-family detached house not exceeding two and a half storeys in height and a private garage, a greenhouse and a tool and storage house or other. accessory building to be used for the maintenance of the land and premises given below. No temporary structure, trailer, basement, tent, cabin, garage, barn or other outbuilding may be used on land at any time as a residence, whether temporarily or permanently. However, nothing in these presents should be interpreted as preventing the construction of trellises, arbors or other structures, whether or not they are attached to the dwelling designed for the pleasure or recreation of the owners hereof, nor from private tennis courts, swimming pools or any other private playground. No trailer or mobile home may be placed or maintained permanently or temporarily on any part of the land ceded herein. (b) No construction will be permitted on the land ceded herein at a cost of less than $ 25,000 based on the cost levels in effect on the date of this deed, the intention and purpose of this agreement being to guarantee that all dwellings will be of a quality of workmanship and materials substantially the same or better than that which can be produced on that date, at the minimum cost indicated here. (c) No building shall be located on land less than 50 feet from a street line, provided, however, that steps, windows, porches and other similar projections may be located at this distance and except that a garage owned by a single family the dwelling may be within 30 feet of a lot line. No subdivision may be permitted on any of the land governed by these restrictions involving an area of ​​less than 40,000 square feet and giving at least 150 feet an access road or a right-of-way. Houses should be built with at least a 1000 gallon concrete septic tank and 200 linear feet of land. No tree on the premises may be cut without the written permission of the assignors, their heirs and assigns. (d) No harmful or offensive activity may be carried out on any land, nor should anything be done there which could be or become an annoyance or a nuisance to the neighborhood. (e) No animal, livestock or poultry of any kind shall be raised, raised or kept in any part of said premises, except that domestic animals may be kept provided that they are not kept, raised or maintained for commercial purposes. (f) No part of the said premises shall be used or maintained as a dumping ground for refuse. Waste, garbage or other waste should only be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of these materials must be maintained in a state of cleanliness and hygiene. (g) These undertakings shall apply to the land and will be binding on all persons claiming them for a period of thirty years from the date of such undertakings, recorded in the Clerk’s Office of the City of Shaftsbury, after which such undertakings shall be automatically extended for successive periods of 10 years, unless a deed signed by the majority of the owners of the building thus affected has been registered agreeing to modify said commitments in whole or in part. (h) Enforcement will be made through legal proceedings or in equity by any owner of premises covered by such covenants against any person or persons violating or attempting or threatening to violate a covenant, either to restrict the violation or remove any violation or to recover damages. (i) The invalidation of one of these commitments by judgment or order of the court will in no way affect the other provisions which will remain in force and in full effect ”SUBJECT TO any public service easement or other easements and rights of way. Reference is made here to the above instruments and to the records and references they contain for further assistance in this description. Terms of sale: The said premises will be sold and transferred subject to all privileges, charges, unpaid taxes, fiscal titles, municipal privileges and appraisals, if any, which take precedence over said mortgage described above. TEN THOUSAND ($ 10,000.00) Purchase price dollars must be paid by certified check, treasurer’s check or cashier’s check at the time and place of sale by the purchaser. The balance of the purchase price will be paid by certified check, treasurer’s or banker’s check within sixty (60) days of the date of the sale. The mortgagor has the right to redeem the premises at any time prior to the sale by paying the full amount owed under the mortgage, including the costs and expenses of the sale. Other terms will be announced during the sale. DATE: August 11, 2021 By: ___ / s / Rachel K. Ljunggren__________ Rachel K. Ljunggren, Esq. Bendett and McHugh, PO Box 270 Farmington Avenue, Ste. 151 Farmington, CT 06032


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