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Foreclosure Sale Notice | Legal Notice



FORECLOSURE SALE NOTICE Pursuant to the foreclosure and public sale order judgment filed on February 26, 2020, in the Vermont Superior Court, Rutland Unit, Civil Division, in Loftis Group LLC v. Glenbrook Construction, LLC. and. Al. File number: 379-7-19 Rdcv (the judgment), and the premises described in said judgment and in the mortgage granted by Glenbrook Constructions, LLC to Loftis Group, LLC, registered on October 12, 2017 in book 668 on page 921 of the Town of Rutland, Vermont Land Records, assigned to Y&R I Opportunity Fund on August 25, 2020, recorded on October 5, 2020 in book 700 on page 83 of the Town of Rutland, Vermont Land Records, including mortgage the undersigned Y&R I Opportunity Fund is the holder, for breach of the terms of said mortgage and for the purpose of foreclosure, the mortgaged property located at 100 South Street in the town of Rutland, Vermont, will be sold by public auction at the site of the property mortgaged at 10:00 am on August 17, 2021. Terms of Sale: The property will be sold in its entirety, “AS IS, WEST, WITH ALL FAULTS” (known or unknown), without any representation or warranty of any kind. nature whatsoever, at most o ffrant in one unit. It is up to each bidder to perform their own due diligence, which a bidder deems sufficient, with respect to the good before the public sale. The property will be sold subject to City of Rutland property taxes and all municipal assessments (past due and pending, with all penalties and interest) and all prior registered liens, restrictions, easements, improvements, covenants, rentals , duties, charges, and matters of any kind and of any kind which may take precedence over the lien on the mortgage being foreclosed. The highest bidder will be responsible for paying property taxes and all municipal assessments owed to the Town of Rutland (overdue and pending) from the closing date of the sale of the property after the sale has been confirmed by the Court. Superior of Vermont, Rutland Unit, Civil Division. In order to be able to bid at the public sale, at the time of the sale, interested persons, other than the mortgagee, must present to the auctioneer for approval by the mortgagee or his agent a deposit of ten thousand dollars (10,000, $ 00) in cash, or by certified check, cashier, treasurer, or bank, payable to the mortgagee, or other immediately available funds determined by the mortgagee in its sole discretion to be satisfactory . The mortgagee has the right to credit the offer for sale without producing a down payment and also to reject any offer for the sale of the premises. The remaining balance of the purchase price will be paid in funds valid at a closing, which will take place within forty-five (45) days of the public sale or within ten (10) days of confirmation of the sale by Vermont Superior Court, Rutland Unit, Civil Division, whichever is later. Sale is subject to confirmation from the Vermont Superior Court, Rutland Unit, Civil Division. Failure to pay the balance of the purchase price at maturity will result in the forfeiture of the deposit which will be used to cover the costs of the sale and any subsequent sale, any sum remaining payable by the applicant mortgagee. The successful bidder, other than the mortgagor, will be required to sign an agreement of purchase and sale WITHOUT CONTINGENCY satisfactory to the mortgagee upon completion of the public sale. If the highest bidder withdraws their bid or does not pay the full balance within the time frame stated above, the mortgaged property may, at the mortgage applicant’s sole discretion, be sold to a secondary bidder on the first sale or owe to again be offered for sale under the terms and conditions of the judgment. In either case, the mortgagee applicant must file an amended sales report if the first sales report was filed prior to the withdrawal of the highest bidder. Y&R I Opportunity Fund reserves the right to cancel or postpone the public sale at any time. Mortgagors have the right to redeem the premises at any time up to the date of the legal sale by paying the full amount owed to the applicant mortgagee, including all costs and expenses of the sale, plus all sums due under the Judgment. Other conditions may be announced at the time of sale. Inquiries made to the auctioneer or mortgagee’s attorney may be directed to the auctioneer or the plaintiff’s attorney. The sale will be led by: Auctioneer: Robert M. Prozzo Prozzo Auction Gallery 207 North Main Street Rutland, Vermont 802-773-2691 http://www.prozzoauctions.com/ Lawyer for Y&R I Opportunity Fund: John J. Kennelly , Esq. Shannon E. Lamb, Esq. Pratt Vreeland Kennelly Martin & White, Ltd. PO Box 280 Rutland, VT 05702-0280 Telephone: (802) 775-7141 Dated: July 8, 2021 / s / Shannon E. Lamb_________ John J. Kennelly, Esq. Shannon E. Lamb, Esq. Pratt Vreeland Kennelly Martin & White, Ltd. PO Box 280 Rutland, VT 05702-0280 Phone: (802) 775-7141 Email: [email protected]



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