By virtue and in execution of the Power of Sale contained in a certain Mortgage (With Future Advance Clause) dated October 26, 2018 (“Mortgage”) from J. and E. Enterprises LLC to Vermont Federal Credit Union conveying to Lender, with power of sale, certain property known as 60 Ethan Allen Drive in South Burlington, Vermont and more particularly described in the Mortgage (“Property”), of which Mortgage Vermont Federal Credit Union is the present holder:
TIME AND PLACE OF PUBLIC SALE: For breach of the conditions of and for the purpose of foreclosing said Mortgage, the Property will be sold at Public Auction on June 9, 2026 at 11:00 am at 60 Ethan Allen Drive in South Burlington, Vermont.
The Public Auction may be adjourned one or more times for a total time not exceeding 60 days by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Written notice of the new sale date shall also be given by first class mail, postage prepaid, to any person who received notice of the sale pursuant to 12 V.S.A. § 4965.
PROPERTY DESCRIPTION: The Property being sold is all and the same lands and premises described in said Mortgage, to wit:
Being all and the same land and premises conveyed to J. and E. Enterprises, LLC by Warranty Deed of Bartlett Realty, LLL, dated March 28, 2011 and recorded on April 4, 2011 in Volume 1001 at Pages 304-306 of the City of South Burlington Land Records.
“Being all and the same lands and premises conveyed to Bartlett Realty, LLC by Warranty Deed of Thompson Leasing, LLC dated March 8, 2007, of record at Volume 777 at Pages 406-407 of the City of South Burlington Land Records, and being more particularly described therein as follows:
Being a parcel of land with all improvements thereon, said property depicted as Lot 2 on a plan entitled “A Portion of Ethan Allen Farm: Plat of Lots 1-8” dated April, 1983, last revised December 6, 1984, and recorded in Map Volume 197 at Page 61 of the South Burlington City Land Records. Said property is more particularly described as follows: Beginning at a point at a monument set in the northeasterly sideline of Ethan Allen Drive and the westerly sideline of a new unnamed roadway and marking southeasterly corner of said Lot 2; thence proceeding westerly in and along the northeasterly sideline of Ethan Allen Drive N 80° 00’ 00” W 35.54 feet to a point; thence proceeding N 78° 07’ 40” W 99.90 feet to a point; thence proceeding N 71° 16’ 00” W 49.50 feet to a point; thence proceeding N 52° 22’ 50” W 65.18 feet to a point marked by an iron pin; thence proceeding N 36° 02’ 00” W 144.88 feet to an iron pin; thence turning to the right and proceeding N 31° 34’ 57” E 106.83 feet to an iron pin; thence turning to the right and proceeding S 58° 25’ 03” E 336.16 feet to an iron pin in the westerly sideline of a new unnamed roadway; thence turning to the right and proceeding on a curve to the left a length of 50.60 feet to a monument; thence proceeding S 10° 00’ 00” W 67.07 feet to a monument marking the point or place of beginning. EXCLUDED from the above-described property is a 5.25 foot strip of land running the entire length of and northerly of and adjacent to the property line of the within lot which is also the northeasterly sideline of the present Ethan Allen Drive right-of-way; and Granters reserve for themselves, their heirs, successors and assigns, appurtenant easements adjacent to and northerly of said strip for the purposes of slope rights and drainage rights in conjunction with any expansion in width of Ethan Allen Drive, an existing city road. The purposes of the exclusion of said strip and the reservation of easement rights is to allow Granters to convey the same to the City of South Burlington at some time in the future. Until conveyance to and acceptance by the City South Burlington of the 5.25 strip for city roadway purposes, Grantees shall have and are hereby granted an unrestricted easement and right of way across and within said 5.25 foot strip at any point(s) for purposes of access to and from Lot 2, and shall have an easement for use and enjoyment of said 5.25 foot strip for any purposes as long as said use or enjoyment will not conflict with the City’s rights to use said strip for city roadway purposes. When said strip is conveyed to the City of South Burlington, the easements of Grantees for use, access and enjoyment over and within said 5.25-foot strip shall terminate, but only when alternate means of access to and from Lot 2, of similar quality and quantity at that time, are provided to Grantees at no cost to Grantees.
The above described property is conveyed subject to and with the benefit of “Protective Covenants For The Belter Industrial Park: South Burlington, Vermont” dated August 22, 1985, and recorded in Volume 213 at Pages 389-393 of the South Burlington Land Records, as amended pursuant to Amendment No. 1 dated September 4, 1985, and recorded in Volume 213 at Page 426 of the South Burlington Land Records.
The above-described property is conveyed subject to the covenant and condition, to run with the land, that no curb cut or access to said property shall be created from the unnamed roadway and cul-de-sac. Access to and from the property and the related curb cuts shall only be from Ethan Allen Drive.
The above-described property is subject to State Subdivision Permit #EC-4-0793 and any amendments thereto, as well as municipal permits and regulations.
The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 VSA §§ 601-604).
Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description.
Said lands and premises have an address of 60 Ethan Allen Drive, South Burlington, VT 05403.”
The description of the property contained in the Mortgages shall control in the event of a typographical error in this publication.
TERMS OF SALE: To qualify to bid, prospective bidders must tender to the Auctioneer before the sale the amount of $10,000.00 (the “Bid Qualifying Deposit”) in cash, certified funds, bank check, or other primary bank obligation, unless the parties agree on some other amount. The Property shall be sold to the highest bidder, and the high bidder’s Bid Qualifying Deposit will be held as a non-refundable deposit, and will be considered reasonable liquidated damages if the highest bidder fails to close on the purchase of the Property. All other bidders’ Bid Qualifying Deposits shall be returned to the unsuccessful bidders who supplied them.
The successful bidder will be required to sign a “no contingency” purchase and sale agreement at the conclusion of the Public Auction. The sale is “AS IS, WHERE IS,” subject to all liens, encumbrances, unpaid taxes, municipal assessments, and other matters which take precedence or priority over the Mortgage. The closing shall be held, and the balance of the purchase price shall be due and payable in cash, certified funds, bank check, or other primary bank obligation, upon the delivery of a Foreclosure Deed to the purchaser within forty-five (45) days after the sale, unless such date is mutually extended by the parties.
The mortgagor and all junior lienholders are hereby notified that at any time before the foreclosure sale, the mortgagor and all junior lienholders have a right to petition the Civil Division of the Superior Court for the county in which the Property is situated, with service upon the mortgagee, and upon such bond as the Court may require, to enjoin the scheduled foreclosure sale. Failure to institute such petition and complete service upon the foreclosing party, or the party’s agent conducting the sale, prior to sale shall thereafter bar any action or right of action of the mortgagor or any junior lienholder based on the validity of the foreclosure, the right of the mortgagee to conduct the foreclosure sale, or compliance by the mortgagee with the notice requirements and other conditions of 12 V.S.A. §§ 4961 et seq. An action to recover damages resulting from the sale of the Property on the date of the sale may be commenced at any time within one year following the date of the sale, but not thereafter.
The mortgagor is entitled to redeem the Property at any time prior to the sale by paying to the mortgagee the full amount due under the Mortgage, including the costs and expenses of the sale.
Other terms to be announced at the Public Auction. Inquiries may be made with the Thomas Hirchak Company, 1878 Cadys Falls Road, Morrisville, VT 05661. Telephone: 802-888-4662. Email: info@THCAuction.com
VERMONT FEDERAL CREDIT UNION
Date: April 2, 2026
By: /s/ Renee L. Mobbs
Renee L. Mobbs, Its Attorney
SHEEHEY FURLONG & BEHM P.C.
(802) 865-6323
