Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust X-C,
v.
Jeffrey Bean a/k/a Jeffrey S. Bean; Angela Bean a/k/a Angela M. Bean; M&T Bank sbm People’s United Bank sbm Chittenden Trust Company d/b/a Chittenden Bank; Hollow Creek Condominium Association
OCCUPANTS OF: 93 Hollow Creek, Unit 3, Colchester, VT 05446
NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale Provision contained in the Decree of Foreclosure by Judicial Sale of the Vermont Superior Court, Civil Division, Chittenden Unit, Docket No. 23-CV-04577 enforcing the mortgage dated February 15, 2007 given by Jeffrey Bean and Angela Bean, to Chittenden Trust Co. dba Chittenden Mortgage Svcs., and recorded with the Town of Colchester Land Records in Book 579, Page 120.
For breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at the premises located at 93 Hollow Creek, Unit 3, Colchester, VT 05446 on July 21, 2026 at 11:00 A.M., all and singular the premises described in said mortgage, to wit:
Being all and the same land and premises conveyed to Jeffrey Bean and Angela Bean by Warranty Deed of Heepin Mun (a/k/a Hui Pin Mun) and Young Sil Mun dated April 19, 1996 and recorded in Volume 259 at Pages 139-141 of the Town of Colchester Land Records and more particularly described therein as follows:
Being Apartment No. 5 with attached garage in the Hollow Creek Condominium as numbered and further described and depicted in the Declaration of Hollow Creek Condominium as may be subsequently amended; the plans incorporated therein including the floor plans recorded in Map Slide 312 of the Map Records of the Town of Colchester, and the map entitled “Hollow Creek, Landscape and General Site Plan” prepared by Lamoureux and Stone Consulting Engineers, Inc. dated June 30, 1993 and recorded in Map Slide 311 of the Map Records of the Town of Colchester, together with an undivided interest in the Common Areas and Facilities and the Limited Common Areas and Facilities all as set forth in the Declaration. The property of Hollow Creek Condominium consists of a certain parcel of land, together with all buildings located thereon, and all easements, rights, and appurtenances now or hereafter belonging thereto in the Town of Colchester, Vermont, as depicted on the abovementioned map.
The land and premises are subject to and have the benefit of the covenants, restrictions, easements, rights, privileges, duties, obligations, and provisions of the Declaration of Hollow Creek Condominium dated September 29, 1993 and recorded in Book 224 at Page 121 in the said Land Records; any amendments thereto, the By-Laws of Hollow Creek Condominium Association, and the Administrative Rules and Regulations promulgated pursuant to the Association’s By-Laws. The lands and premises are also subject to the provisions of Land Use Permit No. 4C0890 issued by the District Environmental Commission, recorded in Book 194 at Page 84 in the said Land Records, as it may be amended from time to time; and to utility easements of record.
This conveyance is made subject to the provisions of the Vermont Condominium Ownership Act, Title 27, Vermont Statutes Annotated, Chapter 15 §1302-1329.
Hauke Development Company, in its Warranty Deed at Volume 223, Page 576 of the Colchester Land Records, has reserved a non-exclusive easement and right of way for ingress and egress, the storage of building supplies, materials, and equipment, the installation, construction, maintenance, repair, and replacement of water, sewer, drainage, television, telephone, and electric lines and services to, into, and over the lands and premises shown on the plat referenced herein, for the construction of remaining buildings thereon. The Grantees, by acceptance of this Deed, acknowledge prior receipt of a copy of the Declaration, By-Laws, and Administrative Rules and Regulations of Hollow Creek Condominium and covenant for themselves, their successors, heirs, and assigns, to be bound by the provisions thereon, as they may be amended from time to time as provided therein. The Grantees, for themselves, their heirs, successors, and assigns further covenant to pay, from time to time as and when assessed, the Grantees’ share of Common Expenses as required by the above-referenced Declaration and By-Laws.
The Apartment conveyed hereby shall be used solely for residential purposes, and no trade or business of any kind may be carried on there except customary home occupation not inconsistent with the residential nature of this property. The Apartment is subject to further use restrictions as set forth in the aforementioned Declaration, By-Laws and Administrative Rules and Regulations.
The percentage of undivided interest in the Common Areas and Facilities of Hollow Creek Condominium is hereby conveyed which shall be appurtenant for all purposes is 4.4529%.
Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description.
The description of the property contained in the mortgage shall control in the event of a typographical error in this publication.
The premises shall be sold and conveyed AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.
TERMS OF SALE: The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, 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. Terms of Sale: $10,000.00 to be paid in cash or by certified check by the purchaser at the time and place of sale. The balance is to be paid by wire transfer to Demerle & Associates P.C., 10 City Square, 4th Floor, Boston, MA 02129 within sixty (60) days after the date the Confirmation Order is entered by the Court. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the said mortgage above described.
The mortgagor and all junior lienholders are entitled to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.
Wilmington Savings Fund Society,
FSB, as Owner Trustee of the
Residential Credit Opportunities
Trust X-C,
Present holder of said mortgage,
By its Attorneys,
Michael Swain, Esq.
Demerle & Associates P.C.
10 City Square, 4th Floor
Boston, MA 02129
(617) 337-4444
