1430 Moosehead Trail, Plymouth, Maine, Tax Map 002 Lot 003 and Lot 003-01A
[font=font36821][u]10:00 A.M. September 20, 2016[/u][/font]
By virtue of and in execution of the power of sale contained in a certain Mortgage and Security Agreement (the "Mortgage") given by Paradigm Developments LLC (the "Mortgagor") originally to Savings Bank of Maine dated February 26, 2009 and recorded in the Penobscot County Registry of Deeds, [font=font36821]Book 11679, Page 149[/font], as assigned by The Bank of Maine (its successor entity) to Boothbay Pool I LLC by instrument dated February 7, 2012 and recorded in Book 12727, Page 146, as further assigned by Boothbay Pool I LLC to [font=font36821]VFC Partners 38 LLC[/font] (c/o First City Servicing Corporation, 6400 Imperial Drive, Waco, TX 76712) (the "Bank"), dated July 2, 2105 and recorded in [font=font36821]Book 13923, Page 87[/font], 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 in Plymouth, Penobscot County, Maine, 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 Quitclaim Deed with Covenant from Thomas D. Hanson and Priscilla R. Hanson dated December 23, 2005 and recorded in Book 10251, Page 115, commonly known 1430 Moosehead Trail, Plymouth, will be sold at public sale at [u]10:00 A.M. on September 20, 2016[/u]. The public sale will be held at the mortgaged property at 1430 Moosehead Trail, Plymouth, Maine.
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 survive the foreclosure of the Mortgage, 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 Conditional Assignment of Leases and Rents from Paradigm Developments LLC to Savings Bank of Maine dated February 26, 2009 and recorded in Book 11679, Page 163, which has been assigned per those assignments listed above to VFC Partners 38 LLC, all of which shall likewise be included in the sale of the property subject to the above Mortgage.
All personal property originally granted in the Mortgage as additional 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 Bank's knowledge, as follows:
1. Mortgage from Paradigm Developments LLC to ATL Holdings LLC in the original principal amount of $600,590.02 (evidenced by two notes both dated August 24, 2005, one in the amount of $369,337.76 and a second note in the amount of $165,000.00, both of which notes have been modified by Allonge and Modification dated January 27, 2011 and by a Modification Agreement dated January 26, 2012), said Mortgage being dated January 27, 2011 and recorded in [font=font36821]Book 12391, Page 141[/font], as assigned by ATL Holdings LLC to Wells Fargo Capital Finance, Inc. by instrument dated February 16, 2011 and recorded in Book 12412, Page 289 and subsequently assigned by Wells Fargo Capital Finance, Inc. to [font=font36821]ATL Holdings LLC[/font] (c/o Capital Servicing, Inc. 50 Portland Pier, Suite 400, Portland, ME 04101) by instrument dated July 24, 2015 and recorded in Book 13922, Page 30.
2. An ex parte order approving Attachment and Trustee Process granted to Osterman Propane LLC d/b/a Downeast Energy and against Paradigm Developments LLC in the amount of $19,299.22 in a certain action pending in West Bath District Court and docketed as WESDC-CV-2013-051, dated April 25, 2013 and recorded in Book 13169, Page 341; Plaintiff's counsel works at Ranger & Copeland.
Bid deposits of $10,000 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, Stef Keenan, Keenan Auction Company, 1 Runway Rd, South Portland Maine 04106, 207-885-5100, info@keenanauction.com. [font=font36821]VFC Partners 38 LLC[/font], John P. McVeigh, Esq., its Attorney.
Aug. 27, Sept. 3, 10, 2016
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