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Classifieds
October 27th, 2020
STATE OF VERMONT SUPERIOR COURT PROBATE DIVISION Bennington Unit Docket No. 261-7-20Bnpr In re: ESTATE of: Anita M. Gauthier NOTICE TO CREDITORS To The Creditors of: Anita M. Gauthier late of Bennington, Vermont I have been appointed to administer this estate. All creditors having claims against the decedent or the estate must present their claims in writing within four (4) months of the first publication of this notice. The claim must be presented to me at the address listed below with a copy sent to the Court. The claim may be barred forever if it is not presented within the four (4) month period. Dated: 10/23/2020 Christine M. Gauthier 573 Dermody Rd Bennington, VT 05201 802-379-7730 Name of Publication: Bennington Banner Publication Date: 10/27/2020 Name and Address of Probate Court: Vermont Superior Court Bennington Unit Probate Division 207 South Street, Bennington, VT 05201 AD# 52609
ADVERTISEMENT FOR BIDS Town of Bennington, Vermont (OWNER) 205 South Street Bennington, VT 05201 (Address) Separate sealed BIDS for the construction of Town of Bennington Water System South End Upgrades, Phase III, Dewey to Weeks Extension - This project consists of the extension of approximately 2945 linear feet of 8-inch ductile iron water main along Dewey Street, Putnam Street, Observatory Street, and Benmont Avenue in the Town of Bennington, Vermont. Specifically, the work will include trenching, removal of the existing asphalt and subbase, removal of existing concrete sidewalks, installation of water main, thrust blocks, hydrants, curb stops, installation of water main under Dewey Brook, installation of gravel base for sidewalks, full pavement depth replacement, and associated site work in accordance with the contract plans and specifications. will be received by the Town of Bennington, Vermont at the office of the Town of Bennington, 205 South Street, Bennington, VT 05201 for a single prime Contract. Bids shall be on a lump sum and unit price basis as indicated in the Bid Form. Bids will be received until 3:00 pm, (Prevailing Local Time) Thursday, November 19th, 2020, and then at said office publicly opened and read aloud via an online, virtual meeting. Each BID must be accompanied by a certified check payable to the OWNER for five percent (5%) of the total amount of the BID. A BID bond may be used in lieu of a certified check. Copies of the CONTRACT DOCUMENTS may be obtained by contacting Abby Chaloux at MSK Engineering & Design at (802) 447-1402, ext. 3 or achaloux@mskeng.com Copies may also be attained by contacting Nicholas Ratzer nratzer@mskeng.com CONTRACT DOCUMENTS will be sent electronically unless otherwise requested by the prospective bidder. A Performance BOND and a Payment BOND each in an amount equal to one hundred percent (100%) of the contract price will be required. A pre-bid conference for prospective bidders will be held via an online, virtual meeting scheduled by the Issuing Office to all Construction Document holders on Thursday, November 12th, 2020 at 11:00 am. Attendance at the pre-bid conference is highly encouraged but is not mandatory. Representatives of the Town of Bennington will be present to answer questions from bidders. Date: 10/23/2020 Jason M. Dolmetsch, PE, Authorized Representative AD#s 52603, 52604 10/27/2020 11/03/2020, 11/010/2020
Classifieds
October 24th, 2020
STATE OF VERMONT SUPERIOR COURT PROBATE DIVISION Bennington Unit Docket No. 251-7-20 Bnpr In re: ESTATE of: Richard M. Lyon NOTICE TO CREDITORS To The Creditors of: Richard M. Lyon late of Shaftsbury, Vermont I have been appointed to administer this estate. All creditors having claims against the decedent or the estate must present their claims in writing within four (4) months of the first publication of this notice. The claim must be presented to me at the address listed below with a copy sent to the Court. The claim may be barred forever if it is not presented within the four (4) month period. Dated: 10/22/2020 Wynn Metcalfe 2837 VT Route 7A Shaftsbury, Vermont 05262 802-447-7877 Name of Publication: Bennington Banner Publication Date: 10/24/2020 Name and Address of Probate Court: Vermont Superior Court Bennington Unit Probate Division 207 South Street, Bennington, VT 05201 AD# 52597
Classifieds
October 23rd, 2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 69-3-19 BNCV U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT v. ANDREW H. MONTROLL, ESQ., ADMINISTRATOR OF THE ESTATE OF ARTHUR C. SIMMONS, DARLENE WILSON, VIVIAN DICARLO, JOY MONROE, ROBERT HILL, JOHN HILL AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT OCCUPANTS OF: 40 Main Street North Bennington VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered March 30, 2020, in the above captioned action brought to foreclose that certain mortgage given by the late Arthur C. Simmons and the late Therese H. Simmons to Wells Fargo Home Mortgage, Inc., dated November 17, 2003 and recorded in Book 403 Page 143 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. to Secretary of Housing and Urban Development dated February 24, 2011 and recorded in Book 477 Page 136 and (2) Assignment of Mortgage from Secretary of Housing and Urban Development to U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT dated May 5, 2017 and recorded in Book 522 Page 123, both of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 40 Main Street, North Bennington, Vermont on November 4, 2020 at 1:00 PM all and singular the premises described in said mortgage, To wit: BEING known as No. 40 Main Street and beginning at a point in the west line of Main Street, so-called, in the Village of North Bennington, Vermont, said point being the northeast corner of lands deeded by Marcia Simmons to H.C. Simmons' Sons and the southeast corner of the herein described property thence running westerly along the north line of lands of the said H. C. Simmons' Sons 180.60 feet; thence turning an included angle of 138 38' and running northwesterly along the lands of E. L. White and lands of Tucker Lodge No. 48, F.& A.M. 76.49 feet to a marble marker; thence turning at an included angle of 126 31' and running northerly along the east line of lands of E.G. Phillips 12.59 feet; thence turning an included angle of 95 23' and running easterly through lands of Marcia Simmons 235.39 feet then turning an included angle of 90 50' and running southerly along the west line of said Main Street 65.31 feet to the place of beginning. There exists over the premises described above a driveway west of the home buildings. It is the intention of Marcia Simmons to reserve a right to pass and repass along this driveway with vehicles and on foot for the benefit of the H.C. Simmons' Sons. In the event of the dissolution of said partnership the right of way hereby designated shall be terminated. Including also a right of way for pedestrians and vehicles over the driveway as it now lies on lands this day conveyed by Marcia Simmons to H.C. Simmons' Sons. It is agreed by and between Martha Simmons and Herman McLean Simmons and Marcia Simmons, husband and wife, that the barns at the rear of the homestead shall be available for use by the H. C. Simmons' Sons partnership and such use for the benefit of the partnership shall be continued until the dissolution and termination of the partnership. Being the same lands and premises conveyed to Herman McLean Simmons and Marcia Simmons by warranty deed of Martha G. Simmons dated June 1, 1943 and recorded in nook 0- 80 Page 124 of the Bennington, Land Records. Together with a right of way in common with James F. Huntington for pedestrians and vehicles beginning at the north easterly corner of the property on the westerly side of main Street in the Village of North Bennington in said town, conveyed to James F. Huntington by a warranty deed of even date by H. C. Simmons' Sons individually and as partners and by the above named grantee Marcia Simmons. and running westerly for a distance of 100 feet and not over 10 feet in width adjacent to and parallel with the northerly boundary line of the said property said right of way shall never be closer than one foot from the northerly side of the building, known as the shop, as it now stands on said property. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : October 1, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD#52016 10/09/2020, 10/16/2020 10/23/2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 336-11-17 BNCV SERVIS ONE, INC. D/B/A BSI FINANCIAL SERVICES v. MARK A. ATHERTON AKA MARK ATHERTON, HOLLY M. ATHERTON FKA HOLLY M. MARTIN, MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION AND CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION OCCUPANTS OF: 91 Valley View Drive, Pownal VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered October 8, 2019, in the above captioned action brought to foreclose that certain mortgage given by Mark A. Atherton and Holly M. Atherton to Morgan Stanley Credit Corporation, dated November 22, 2005 and recorded in Book 142 Page 29 of the land records of the Town of Pownal, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Morgan Stanley Private Bank, National Association, as successor by merger to Morgan Stanley Credit Corporation to Roundpoint Mortgage Servicing Corporation dated August 9, 2017 and recorded in Book 169 Page 313 and (2) Assignment of Mortgage from Roundpoint Mortgage Servicing Corporation to Servis One, Inc. D/B/A BSI Financial Services dated May 21, 2019 and recorded in Book 173 Page 124, both of the land records of the Town of Pownal for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 91 Valley View Drive, Pownal, Vermont on November 3, 2020 at 10:00 AM all and singular the premises described in said mortgage, To wit: All that certain parcel of land situate in the Town of Pownal, County of Bennington, and State of Vermont, being on the Easterly side of an accepted town way which extends southerly from Montgomery Road, so-called, said way now known as Valley View Drive and shown as a proposed road on a plan filed in the office of the Town Clerk in said Pownal and entitled "Map of Property for Leon Hall Pownal, Vermont" prepared by the office of Gerald E. Morrissey, Inc. dated July, 1967 and revised to December, 1967, known and designated as follows: Beginning at a point in the Easterly line of said proposed road at the Southwest corner of Lot 3 as shown on said plan; thence North 88_ 00' 00" East, 101.12 feet to an iron pipe; thence South 19_ 54' 30" East, 228.27 feet to a point marking the Southeast corner of Lot 4 as shown on said plan; thence North 73_ 47' 10" West, 172.43 feet to a point; thence North 19_ 54' 30" West, 72.98 feet to a point in the Easterly line of said proposed road; thence Northeasterly in a curve along the Easterly line of said proposed road, the radius of said curve being 80 feet, a distance of 44.25 feet to a point; thence continuing along the Easterly line of said proposed road North 0_10' 00" West, 52.25 feet to the point and place of beginning. Being Lot 4 as shown on said plan. TAX ID: 063-03 Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : September 24, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 51939 10/09/2020, 10/16/2020 10/23/2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 275-9-18 BNCV LAKEVIEW LOAN SERVICING, LLC v. JENNIFER L. MARTELL AND CLARENCE W. MARTELL II OCCUPANTS OF: 112 Cutler Street, Bennington VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered September 13, 2019, in the above captioned action brought to foreclose that certain mortgage given by Jennifer L. Martell and Clarence W. Martell II to Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company, dated August 20, 2014 and recorded in Book 502 Page 43 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company to Lakeview Loan Servicing, LLC dated August 29, 2018 and recorded in Book 531 Page 47 of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 112 Cutler Street, Bennington, Vermont on November 13, 2020 at 10:00AM all and singular the premises described in said mortgage, To wit: Being all and the same lands and premises conveyed to ELIZABETH STALLINGS, BRADLEY LILLIE, and BROOKE LILLIE, by Quitclaim Deed of Faye C. Lillie, deed dated and recorded August 10, 2011, in Book 480, at Page 128 of the Bennington, Vermont Land Records and being therein described as follows: Being all and the same lands and premises conveyed to Faye C. Lillie, by Quitclaim Deed of Everett D. Lillie and Stephen Woodie, Guardian of the Guardianship Estate of Everett D. Lillie dated February 12, 2007, and recorded February 12, 2007, in Book 441, at Page 57 of the Bennington, Vermont Land Records and being therein described as follows: Being all and the same lands and premises as were conveyed to Everett D. Lillie (a/k/a Everett D. Lillie) and Faye L. Cross (n/k/a. Faye C. Lillie), by Warranty Deed of Merrill Lynch Relocation Management, Inc., said deed dated April 23, 1980, and recorded April 29, 1980, in Book 0-232, page 17 of the Bennington Vermont Land Records. Being all and the same lands and premises conveyed to Merrill Lynch Relocation Management, Inc., by Paul J. Wysocki and Michelle A. Wysocki by their Warranty Deed dated April 29, 1980, and recorded in Book 0-232, Page 16 of the Bennington Land Records and more particularly, described therein as follows: "Commencing at a point in the east line of Cutler Street, so-called, in the Village of Bennington which point is the southwest corner of the lands now or formerly belonging to the Estate of Charles N, Powers and the northwest corner of the lands herein conveyed; thence running easterly along the south line of the lands now or formerly belonging to the said Powers Estate ninety-nine (99) feet and six (6) inches to an iron pin driven in the ground; thence running southerly along the west line of lands now or formerly of Frank Rousseau one hundred twenty-five (125) feet to the north line of lands now or formerly of Mrs. F. A. Landman; thence running westerly along the north line of lands of said Landman ninety-nine (99) feet six (6) inches to the east line of said Cutler Street; thence running northerly along the east line of said Cutler Street one hundred twenty-five (125) feet to the place of beginning. Meaning and intending hereby to convey, and hereby conveying, all those same lands and premises which were conveyed to this Grantor by Van Vechten B Graves by deed dated May 5, 1964 and recorded in Book 0-167 at page 31 thereof in the Land records of the Town of Bennington; reference to which deed and the record thereof may be had for a further and more particular description of the within conveyed lands and premises." Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : October 1, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 52218 10/16/2020, 10/23/2020 10/30/2020
Classifieds
October 22nd, 2020
STATE OF VERMONT SUPERIOR COURT PROBATE DIVISION Bennington Unit Docket No. 53-2-20 Bnpr In Re ESTATE OF John L. Wandrei NOTICE TO CREDITORS To the Creditors of: John L. Wandrei late of North Bennington, Vermont. I have been appointed to administer this estate. All creditors having claims against the decedent or the estate must present their claims in writing within four (4) months of the first publication of this notice. The claim must be presented to me at the address listed below with a copy sent to the court. The claim may be barred forever if it is not presented within the four (4) month period. Dated: 9/25/2020 Leonard J. Wandrei, Fiduciary c/o Barr Sternberg Moss Lawrence & Silver, PC 507 Main St. Bennington, VT 05201 Name of Publication: The Bennington Banner Publication Date: October 22, 2020 Address of Court: Vermont Superior Court Bennington Probate Division 207 South St. Bennington, VT 05201 AD# 52493
Classifieds
October 17th, 2020
ACT 250 NOTICE MINOR APPLICATION #8B0322-4A 10 V.S.A. 6001 - 6093 On September 9, 2020, Hill Farm LLC, 458 Hill Farm Road, Sunderland, VT 05252 and Vermont Land Trust Southwest Vermont Mettowee Valley, 10 Furnace Grove Road, Bennington, VT 05201 filed application number 8B0322-4A for a project generally described as the elimination of the previously approved free standing 60-seat restaurant and to construct a new restaurant addition on to the northern side of the existing event barn and to add a new kitchen to the lower level of the event barn. The project is located at 458 Hill Farm Road in Sunderland, Vermont. No hearing will be held and a permit will be issued unless, on or before November 5, 2020, a party notifies the District 8 Commission in writing at the address below of an issue requiring a hearing, or the Commission sets the matter for a hearing on its own motion. Any person as defined in 10 V.S.A. 6085(c)(1) may request a hearing. Any hearing request must be in writing to the address below, must state the criteria or sub-criteria at issue, why a hearing is required and what additional evidence will be presented at the hearing. Any hearing request by an adjoining property owner or other person eligible for party status under 10 V.S.A. 6085(c)(1)(E) must include a petition for party status under the Act 250 Rules. Findings of Fact and Conclusions of Law may not be prepared unless the Commission holds a public hearing. The application and proposed permit may also be viewed on the Natural Resources Board's web site http://nrb.vermont.gov by clicking "Act 250 Database" and entering project number 8B0322-4A. If you have a disability for which you need accommodation in order to participate in this process (including participating in a public hearing, if one is held), please notify us as soon as possible, in order to allow us as much time as possible to accommodate your needs. For more information contact Linda Matteson at the address or telephone number below. Dated this 14th day of October, 2020. By: Linda Matteson, District Coordinator 100 Mineral Street, Suite 305 Springfield, VT 05156-3168 802-289-0598 Linda.Matteson@vermont.gov AD# 52375 10/17/2020
TACONIC AND GREEN REGIONAL SCHOOL DISTRICT SCHOOL BOARD MEMBER NEEDED The Taconic and Green Regional School District will have a vacancy on the school board. The board needs to appoint a temporary member until the next election in March 2021. The vacancy can be filled with a resident of Danby, Dorset, Londonderry or Manchester. If you are interested in filling this vacancy, please email a letter of interest to Celeste Keel at celeste.keel@brsu.org by Monday, November 2, 2020. AD# 52365 10/17/2020
TOWN OF SHAFTSBURY PUBLIC HEARING The Development Review Board will hold a public hearing Wednesday, November 4, 2020, 6 p.m., via teleconference, to conduct the following business: 1) Application #20-0093, Boundary Line Adjustment, Parcel 14 20 53, owners Andrew and Patricia Mattison, to subdivide a 4.33 acre parcel into two lots, lot 1 at 2.52 acres and lot 2 at 1.51 acres. DRB_11_04_2020 Wed, Nov 4, 2020 6:00 PM - 8:00 PM (EST) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/ join/232226813 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 232-226-813 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/ install/232226813 Additional information, including copies of application documents, can be obtained by contacting the Zoning Administrator, Shelly Stiles. Contact information is shown below. Participation in this proceeding is a prerequisite to the right to take any subsequent appeal. Shelly Stiles Zoning Administrator zoning@shaftsburyvt.gov Phone: 802-442-4038 x 5 AD#52370 10/17/2020
TOWN OF SHAFTSBURY PUBLIC HEARING The Development Review Board will hold a public hearing Wednesday, November 4, 2020, 6 p.m., via teleconference, to conduct the following business: 1) Application #20-0092, Subdivision, Parcel 15 21 20, owner Mike, Lisa, and Mariah Slavin, to subdivide a 16.8+ acre parcel into two lots, lot 1 at 13.57 acres and lot 2 at 3.23 acres. DRB_11_04_2020 Wed, Nov 4, 2020 6:00 PM - 8:00 PM (EST) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/ join/232226813 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 232-226-813 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/ install/232226813 Additional information, including copies of application documents, can be obtained by contacting the Zoning Administrator, Shelly Stiles. Contact information is shown below. Participation in this proceeding is a prerequisite to the right to take any subsequent appeal. Shelly Stiles Zoning Administrator zoning@shaftsburyvt.gov Phone: 802-442-4038 x 5 AD#52371 10/17/2020
NORTH BENNINGTON PROPERTY TAXES Property taxes for the Village of North Bennington and the North Bennington Graded School District are due Tuesday November 10, 2020. For in-person payment, the Village Depot office will be open: October 20, October 27 and October 31 from 9:00 AM - 11:00 PM. We will be open October 22 and October 29 from 7:00 AM - 9:00 AM. November in-person dates are: November 4 from 9:00 AM - 12:00 PM; November 6 from 7:00 AM - 10:00 AM; November 7 from 9:00 AM - 12:00 PM, and November 10 both 7:00 AM - 10:00 and 3:00 PM - 5:00 PM You must bring the entire bill for a stamped receipt. Tax Payments are made to the Village of North Bennington. Water Department bills will also be accepted at these times. AD# 52276 10/17/2020
Classifieds
October 16th, 2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 275-9-18 BNCV LAKEVIEW LOAN SERVICING, LLC v. JENNIFER L. MARTELL AND CLARENCE W. MARTELL II OCCUPANTS OF: 112 Cutler Street, Bennington VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered September 13, 2019, in the above captioned action brought to foreclose that certain mortgage given by Jennifer L. Martell and Clarence W. Martell II to Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company, dated August 20, 2014 and recorded in Book 502 Page 43 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company to Lakeview Loan Servicing, LLC dated August 29, 2018 and recorded in Book 531 Page 47 of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 112 Cutler Street, Bennington, Vermont on November 13, 2020 at 10:00AM all and singular the premises described in said mortgage, To wit: Being all and the same lands and premises conveyed to ELIZABETH STALLINGS, BRADLEY LILLIE, and BROOKE LILLIE, by Quitclaim Deed of Faye C. Lillie, deed dated and recorded August 10, 2011, in Book 480, at Page 128 of the Bennington, Vermont Land Records and being therein described as follows: Being all and the same lands and premises conveyed to Faye C. Lillie, by Quitclaim Deed of Everett D. Lillie and Stephen Woodie, Guardian of the Guardianship Estate of Everett D. Lillie dated February 12, 2007, and recorded February 12, 2007, in Book 441, at Page 57 of the Bennington, Vermont Land Records and being therein described as follows: Being all and the same lands and premises as were conveyed to Everett D. Lillie (a/k/a Everett D. Lillie) and Faye L. Cross (n/k/a. Faye C. Lillie), by Warranty Deed of Merrill Lynch Relocation Management, Inc., said deed dated April 23, 1980, and recorded April 29, 1980, in Book 0-232, page 17 of the Bennington Vermont Land Records. Being all and the same lands and premises conveyed to Merrill Lynch Relocation Management, Inc., by Paul J. Wysocki and Michelle A. Wysocki by their Warranty Deed dated April 29, 1980, and recorded in Book 0-232, Page 16 of the Bennington Land Records and more particularly, described therein as follows: "Commencing at a point in the east line of Cutler Street, so-called, in the Village of Bennington which point is the southwest corner of the lands now or formerly belonging to the Estate of Charles N, Powers and the northwest corner of the lands herein conveyed; thence running easterly along the south line of the lands now or formerly belonging to the said Powers Estate ninety-nine (99) feet and six (6) inches to an iron pin driven in the ground; thence running southerly along the west line of lands now or formerly of Frank Rousseau one hundred twenty-five (125) feet to the north line of lands now or formerly of Mrs. F. A. Landman; thence running westerly along the north line of lands of said Landman ninety-nine (99) feet six (6) inches to the east line of said Cutler Street; thence running northerly along the east line of said Cutler Street one hundred twenty-five (125) feet to the place of beginning. Meaning and intending hereby to convey, and hereby conveying, all those same lands and premises which were conveyed to this Grantor by Van Vechten B Graves by deed dated May 5, 1964 and recorded in Book 0-167 at page 31 thereof in the Land records of the Town of Bennington; reference to which deed and the record thereof may be had for a further and more particular description of the within conveyed lands and premises." Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : October 1, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 52218 10/16/2020, 10/23/2020 10/30/2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 336-11-17 BNCV SERVIS ONE, INC. D/B/A BSI FINANCIAL SERVICES v. MARK A. ATHERTON AKA MARK ATHERTON, HOLLY M. ATHERTON FKA HOLLY M. MARTIN, MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION AND CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION OCCUPANTS OF: 91 Valley View Drive, Pownal VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered October 8, 2019, in the above captioned action brought to foreclose that certain mortgage given by Mark A. Atherton and Holly M. Atherton to Morgan Stanley Credit Corporation, dated November 22, 2005 and recorded in Book 142 Page 29 of the land records of the Town of Pownal, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Morgan Stanley Private Bank, National Association, as successor by merger to Morgan Stanley Credit Corporation to Roundpoint Mortgage Servicing Corporation dated August 9, 2017 and recorded in Book 169 Page 313 and (2) Assignment of Mortgage from Roundpoint Mortgage Servicing Corporation to Servis One, Inc. D/B/A BSI Financial Services dated May 21, 2019 and recorded in Book 173 Page 124, both of the land records of the Town of Pownal for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 91 Valley View Drive, Pownal, Vermont on November 3, 2020 at 10:00 AM all and singular the premises described in said mortgage, To wit: All that certain parcel of land situate in the Town of Pownal, County of Bennington, and State of Vermont, being on the Easterly side of an accepted town way which extends southerly from Montgomery Road, so-called, said way now known as Valley View Drive and shown as a proposed road on a plan filed in the office of the Town Clerk in said Pownal and entitled "Map of Property for Leon Hall Pownal, Vermont" prepared by the office of Gerald E. Morrissey, Inc. dated July, 1967 and revised to December, 1967, known and designated as follows: Beginning at a point in the Easterly line of said proposed road at the Southwest corner of Lot 3 as shown on said plan; thence North 88_ 00' 00" East, 101.12 feet to an iron pipe; thence South 19_ 54' 30" East, 228.27 feet to a point marking the Southeast corner of Lot 4 as shown on said plan; thence North 73_ 47' 10" West, 172.43 feet to a point; thence North 19_ 54' 30" West, 72.98 feet to a point in the Easterly line of said proposed road; thence Northeasterly in a curve along the Easterly line of said proposed road, the radius of said curve being 80 feet, a distance of 44.25 feet to a point; thence continuing along the Easterly line of said proposed road North 0_10' 00" West, 52.25 feet to the point and place of beginning. Being Lot 4 as shown on said plan. TAX ID: 063-03 Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : September 24, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 51939 10/09/2020, 10/16/2020 10/23/2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 69-3-19 BNCV U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT v. ANDREW H. MONTROLL, ESQ., ADMINISTRATOR OF THE ESTATE OF ARTHUR C. SIMMONS, DARLENE WILSON, VIVIAN DICARLO, JOY MONROE, ROBERT HILL, JOHN HILL AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT OCCUPANTS OF: 40 Main Street North Bennington VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered March 30, 2020, in the above captioned action brought to foreclose that certain mortgage given by the late Arthur C. Simmons and the late Therese H. Simmons to Wells Fargo Home Mortgage, Inc., dated November 17, 2003 and recorded in Book 403 Page 143 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. to Secretary of Housing and Urban Development dated February 24, 2011 and recorded in Book 477 Page 136 and (2) Assignment of Mortgage from Secretary of Housing and Urban Development to U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT dated May 5, 2017 and recorded in Book 522 Page 123, both of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 40 Main Street, North Bennington, Vermont on November 4, 2020 at 1:00 PM all and singular the premises described in said mortgage, To wit: BEING known as No. 40 Main Street and beginning at a point in the west line of Main Street, so-called, in the Village of North Bennington, Vermont, said point being the northeast corner of lands deeded by Marcia Simmons to H.C. Simmons' Sons and the southeast corner of the herein described property thence running westerly along the north line of lands of the said H. C. Simmons' Sons 180.60 feet; thence turning an included angle of 138 38' and running northwesterly along the lands of E. L. White and lands of Tucker Lodge No. 48, F.& A.M. 76.49 feet to a marble marker; thence turning at an included angle of 126 31' and running northerly along the east line of lands of E.G. Phillips 12.59 feet; thence turning an included angle of 95 23' and running easterly through lands of Marcia Simmons 235.39 feet then turning an included angle of 90 50' and running southerly along the west line of said Main Street 65.31 feet to the place of beginning. There exists over the premises described above a driveway west of the home buildings. It is the intention of Marcia Simmons to reserve a right to pass and repass along this driveway with vehicles and on foot for the benefit of the H.C. Simmons' Sons. In the event of the dissolution of said partnership the right of way hereby designated shall be terminated. Including also a right of way for pedestrians and vehicles over the driveway as it now lies on lands this day conveyed by Marcia Simmons to H.C. Simmons' Sons. It is agreed by and between Martha Simmons and Herman McLean Simmons and Marcia Simmons, husband and wife, that the barns at the rear of the homestead shall be available for use by the H. C. Simmons' Sons partnership and such use for the benefit of the partnership shall be continued until the dissolution and termination of the partnership. Being the same lands and premises conveyed to Herman McLean Simmons and Marcia Simmons by warranty deed of Martha G. Simmons dated June 1, 1943 and recorded in nook 0- 80 Page 124 of the Bennington, Land Records. Together with a right of way in common with James F. Huntington for pedestrians and vehicles beginning at the north easterly corner of the property on the westerly side of main Street in the Village of North Bennington in said town, conveyed to James F. Huntington by a warranty deed of even date by H. C. Simmons' Sons individually and as partners and by the above named grantee Marcia Simmons. and running westerly for a distance of 100 feet and not over 10 feet in width adjacent to and parallel with the northerly boundary line of the said property said right of way shall never be closer than one foot from the northerly side of the building, known as the shop, as it now stands on said property. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : October 1, 2020 By: /s/ Rachel K. Ljunggren Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD#52016 10/09/2020, 10/16/2020 10/23/2020
LEGAL NOTICE NOTICE OF AVAILABILITY OF PETITIONS FOR ELECTION OF CONSERVATION DISTRICT SUPERVISOR FOR THE BENNINGTON COUNTY NATURAL RESOURCES CONSERVATION DISTRICT To all those residing within the boundaries of Bennington County, notice is hereby given that on October 7, 2020 petitions for the position of Supervisor for the Bennington County Natural Resources Conservation District became available. An election will be held on November 24, 2020 for one Supervisor for the District. Petitions must be completed and returned to the local Conservation District office (310 Main St. Bennington, VT) by close of business on November 10, 2020. Candidates for the position of Supervisor must be residents of the District. Only persons who hold title in fee land and residing within Bennington County are eligible to sign a petition or vote. Conservation Districts are local subdivisions of state government established under the Soil Conservation Act of Vermont. An eligible voter or candidate may contact the Bennington County Natural Resources Conservation District at katy@bccdvt.org for a petition or more information. Dated: October 14, 2020 AD# 52358 10/16/2020
Classifieds
October 15th, 2020
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 236-9-19 BNCV NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE v. CHARLOTTE M. GATES AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT OCCUPANTS OF: 57 State Line Drive, Pownal VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered August 4, 2020, in the above captioned action brought to foreclose that certain mortgage given by Charlotte M. Gates and the late Christopher W. Gates to Wells Fargo Bank, N.A., dated October 17, 2005 and recorded in Book 141 Page 328 of the land records of the Town of Pownal, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Wells Fargo Bank, N.A. to Nationstar Mortgage LLC d/b/a Champion Mortgage dated October 6, 2017and recorded in Book 169 Page 479 of the land records of the Town of Pownal for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 57 State Line Drive, Pownal, Vermont on October 26, 2020 at 10:00 AM all and singular the premises described in said mortgage, To wit: Being the lands and premises conveyed to Christopher W. Gates, Sr. and Charlotte M. Gates, as husband and wife, by Warranty Deed of Charles S. Morse and Mary R. Morse dated February 12, 1971 and recorded in Book 68, Page 213 of the Town of Pownal Land Records, and further described therein as follows: Beginning at an iron pipe at the NW corner of house lot known as Lot #1 on a plan of maps filed by Charles S. Morse in the Town of Pownal Land Records, thence North 12 15' W two hundred feet to an iron pipe marking the SW corner of Lot #3; thence North 77 45' E two hundred feet to an iron pipe in the westerly line of a proposed road, to be known as Stateline Drive, running northerly from Mason Hill Road; thence South 12 15' E along said proposed road two hundred feet to an iron pipe at the NE corner of the house lot so-called; thence South 77 45' W two hundred feet to the iron pipe at the place of beginning. Reference is hereby had to the above mentioned deed and the record thereof and to all former deeds and their records for a more particular description of the premises. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : September 24, 2020 By: /S/Rachel K. Ljunggren, Esq. Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 AD# 51812 10/01/2020, 10/08/2020 10/15/2020
Classifieds
October 14th, 2020
Planning Commission Town of Sunderland, Vermont NOTICE IS HEREBY GIVEN that pursuant to the provisions of 24 V.S.A. 4464, a public hearing of the Planning Commission of the Town of Sunderland, Vermont, will be held on Wednesday, October 28, 2020 at 6:00 pm via Zoom for the following purposes: 1. Hearing on Subdivision Review for a one lot property to a three lot property located at 455 Laver Road, Sunderland. Additional information on this proposal may be obtained by contacting the Town of Sunderland Zoning Administrator. Please use the following Zoom log-in information: https://us02web.zoom.us/j/ 85298321939?pwd=SmlaUzJRalFV d1JKdmt0UGVROURSQT09 Meeting ID: 852 9832 1939 Passcode: 6mAu4n Participation in this hearing is a prerequisite to the right to take any subsequent appeal. Dated: October 12, 2020 By: Missy Bell-Johnson Town of Sunderland Zoning Administrator AD# 52250 10/14/2020
Classifieds
October 13th, 2020
NOTICE OF THE REGULAR MEETING OF THE COMMISSIONERS OF THE BENNINGTON HOUSING AUTHORITY TUESDAY, OCTOBER 20, 2020 The Commissioners of the Bennington Housing Authority will meet in the regular meeting at the Bennington Housing Authority in the WILLOWBROOK COMMUNITY ROOM on Tuesday, October 20, 2020 at 4:45P.M. AGENDA 1. Approve the minutes of the regular meeting of July 21, 2020 2. Executive Director report 3. Staff Reports a. Section 8 b. Facilities 4. Financials 5. Proposed Resolution #493 Outdoor Smoking Policy 6. Set the date for the November 2020 meeting 7. Public questions, comments or concerns. Limit 20 minutes 8. Other Business AD# 52235 10/13/2020
Classifieds
October 10th, 2020
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