By virtue of and in execution of the power of sale contained in a certain Commercial Mortgage and Security Agreement with Financing Statement (the "Mortgage") given by Sandy Stream Holdings, LLC (the "Mortgagor") to Machias Savings Bank (the "Bank") dated May 20, 2009, and recorded in the Waldo County Registry of Deeds in Book 3329, Page 40, of which Mortgage the Bank continues to be the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, the property described in said Mortgage, reference to which mortgage is made for a complete description of the real estate, and further described in that certain deed into Mortgagor recorded in the same registry, Book 3329, Page 36, commonly known as [u]Route 139/Killdeer Lane Unity, Maine or Sandy Stream Mobile Home Park[/u] will be sold at public sale at [u]1:00 P.M., September 29, 2017[/u]. The public sale will be held at the mortgaged property at [u]Route 139/Killdeer Lane, Unity, Maine. [/u]
The foregoing premises shall be conveyed subject to the following items: 1. Any and all municipal, state, or federal laws, regulations, and ordinances including, without limitation, permits and approvals heretofore issued by any federal, state, or municipal government authority (compliance with, application for the transfer of any such permits, or approvals shall be the sole responsibility of the purchaser). 2. Any and all encumbrances senior to the mortgage and easements of record and any governmentally imposed or required zoning, subdivision, environmental, and other land use restrictions. 3. Any condition which a physical examination or adequate survey of the premises might reveal. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law, and which may or may not be shown by the public records. 5. All outstanding municipal fees and charges, including water and sewer and municipal taxes, including those which constitute liens encumbering the mortgaged premises. 6. Any and all conditions shown on any recorded plans of all or a portion of the property.
[u]TERMS OF SALE: [/u] THE PROPERTY HEREINABOVE DESCRIBED IS BEING SOLD ON AN "AS IS" "WHERE IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER AS TO THE CONDITION, FITNESS, SIZE, HABITABILITY, MERCHANTABILITY, OR LOCATION OF THE PROPERTY OR THE STATE OF TITLE TO THE PROPERTY.
The Bank expressly reserves the right, in its sole discretion, to bid in amounts due and owing, or portions thereof, under the Mortgage, until the Mortgage is satisfied. The Bank is, in addition, the assignee, for the purposes of collateral, of the Mortgagor's interests in leases and rents, pursuant to an Assignment of Leases and Rents dated May 20, 2009 and recorded in the Waldo Registry of Deeds, Book 3329, Page 55, all of which shall likewise be included in the sale of the property subject to the above Mortgage. All personal property originally granted to the Bank as security under the security agreements contained in the above Mortgage shall likewise be sold, together with the real property.
Interests junior to the Mortgage being foreclosed are, to the best of the mortgagee's knowledge, as follows: Mortgage, Assignment of Rents, and Security Agreement from Sandy Stream Holdings, LLC to Maple King, LLC in the original principal amount of $125,000.00 dated May 20, 2009 and recorded in Book 3329, Page 75. Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing from Sandy Stream Holdings, LLC to Atlantic National Trust LLC in the original principal amount of $125,000.00 dated January 27, 2012 and recorded in Book 3622, Page 42, and assigned by Atlantic National Trust LLC to Wells Fargo Capital Finance, Inc. dated February 14, 2012 and recorded in Book 3625, Page 94, and assigned by Wells Fargo Capital Finance, Inc. to Atlantic National Trust LLC dated July 24, 2015 and recorded in Book 4042, Page 179.
Bid deposits of $5,000 must be made by cash or certified check, each deposit made by any successful bidder is to be increased to ten percent (10%) of the purchase price, by cash or certified U.S. funds, not later than five (5) days of the sale date. Purchaser must sign a purchase and sale agreement with the Bank, which agreement shall provide in part (1) that the purchaser will be responsible for all real estate and/or personal property taxes and other municipal charges attributable to the respective property unpaid and in arrears and for all subsequent tax years, and (2) that a closing of the sale shall be held within thirty (30) days of the public sale where, upon presentation by the Bank of the duly executed quitclaim deed without covenant, the remaining balance of the purchase price will be due in cash or certified funds.
The Bank expressly reserves the right to bid without making the required deposits, to modify the terms of the sale set forth above, to add additional terms as it so wishes, to authorize the mortgagor to sell the property or any portion of it prior to the public sale date, or to cancel the public sale.
Other terms and conditions of sale, including any modification or additions to the terms set forth above, will be set forth in the auctioneer's materials and/or announced at the time of the sale. For further information, please contact the auctioneer, Emily Tilton, Central Maine Auction Center (207) 848-7027. MACHIAS SAVINGS BANK, Adam J. Shub, Esq., Its Attorney.
September 7, 14, 21, 2017
↧