Property address as set forth in the Mortgage Deed recorded in the Lincoln County Registry of Deeds in Book 5216, Page 105: 25 South Side Road, New Harbor, Lincoln County, Maine: 43 South Side Road, New Harbor, Lincoln County. Maine: and 4 Penniman Road, New Harbor. Lincoln County, Maine (Mortgagee makes no representation as to the accuracy of the physical property address)
By virtue of and in execution of the Power of Sale contained in a certain Mortgage Deed given by The Francis Trust to First National Bank dated December 14, 2017, and recorded in the Lincoln County Registry of Deeds, Book 5216, Page 105, of which Mortgage JTS Capital 3 LLC is the present holder by Assignment of Mortgage dated December 22, 2021, and recorded in the Lincoln County Registry of Deeds, Book 5835, Page 69, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same, the property described in said Mortgage will be sold at public sale at one o’clock p.m. on the 3rd day of May, 2023. The public sale will be held at the premises located at 43 South Side Road, New Harbor, Lincoln County, Maine. The property being foreclosed is more particularly described in said Mortgage as follows:
“Certain lots or parcels of land situated in New Harbor in the Town of Bristol, County of Lincoln and State of Maine, bounded and described as follows:
43 South Side Road, New Harbor. Maine
Being the same premises described in a Deed of Anthony F. Capodilupo to The Francis Trust dated March 9, 2007 and recorded in the Lincoln County Registry of Deeds in Book 3979, Page 141. Meaning and intending to convey and hereby conveying, the same premises conveyed by Deed of Gail Hancock to Anthony F. Capodilupo dated September 14, 1973 and recorded in the Lincoln County Registry of Deeds in Book 785, Page 281.
4 Penniman Road, New Harbor, Maine
Being the same premises described in a Deed of Anthony F. Capodilupo to The Francis Trust dated March 9, 2007 and recorded in the Lincoln County Registry of Deeds in Book 3979, Page 146. Meaning and intending to convey and hereby conveying, the same premises conveyed by Deed of Lucille B. Knipe and Natalie M. Belhorn to Anthony F. Capodilupo dated April 28, 1997 and recorded in the Lincoln County Registry of Deeds in Book 2234, Page 30.
25 South Side Road, New Harbor, Maine
Being the same premises described in a Deed from Albert J. Roy and Carol S. Roy to Anthony F. Capodilupo and Sara W. Capodilupo dated November 3, 2014 and recorded in the Lincoln County Registry of Deeds Book 3768, Page 183. Anthony F. Capodilupo is the surviving joint tenant, Sara W. Capodilupo having died 09/2014. See also Deed from Anthony F. Capodilupo to The Francis Trust recorded in the Lincoln County Registry of Deeds on October 31, 2017 in Book 5195, Page 100.”
At the Mortgagee’s sole and exclusive discretion, the above described premises may be offered individually, in groupings, or as an entirety with any and all buildings located thereon and any and all rights, easements, privileges, and appurtenances belonging thereto, all of the foregoing shall hereinafter collectively be called the Property.
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 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 a law, 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 property.
TERMS OF SALE
THE PROPERTY HEREIN ABOVE 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.
In order to qualify to bid at the public sale, the bidder must provide a deposit of $25,000. The high bidder at the public sale must increase the deposit to equal 10% of the total purchase price within 5 business days of the public sale. The deposit must be cash or certified U.S. funds payable to Tranzon Auction Properties. At the close of the public sale, the high bidder must sign a purchase and sale agreement with JTS Capital 3 LLC, which agreement shall provide in part (1) that the purchaser will be responsible for all real estate transfer taxes, real estate 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 forty-five (45) days of the public sale where, upon presentation by JTS Capital 3 LLC of the duly executed Release Deed, the remaining balance of the purchase price will be due in cash or certified funds. JTS Capital 3 LLC expressly reserves the right to bid without making the required deposit, to modify the terms of the sale set forth above, to add additional terms as it so wishes, and to authorize the mortgagor to sell the property prior to the public sale date. Other terms and conditions of sale, including any modification or additions to the terms set forth above, will be announced at the time of the sale.
For further information, please contact the auctioneer, Mike Carey at Tranzon Auction Properties, 257 Deering Ave., Suite 204, Portland, ME 04103; (207) 775-4300; www.tranzon.com.
JTS CAPITAL 3 LLC
Dated: March 24, 2023
Shawn K Doil, Esq.,
Bar No. 4179
Eaton Peabody
P.O. Box 15235
Portland, ME 04112
State of Maine
Cumberland, ss
March 24, 2023
Personally appeared Shawn K. Doil, Esq., attorney for JTS Capital 3 LLC, and acknowledged before me the foregoing instrument to be her free act and deed in her said capacity.
Notary Public
Lisa Marie Waddell
My Commission Expires 2/16/2025
14-16
