By virtue of a Judgment of Foreclosure and Order of Sale dated March 15, 2017, in the District Court, District Six, Division of Lincoln, Docket No. WISDC-RE-2016-50 in an action brought by Lloyd Hooper against Glenwood Griswold, Defendant, for the foreclosure of a mortgage dated June 10, 2015 and recorded in the Lincoln County Registry of Deeds at Book 4898, Page 54, the statutory ninety (90) day redemption period having expired, notice is hereby given that there will be sold at a public sale at the offices of Cumler & Lynch, P.A. 21 Friendship Street, Waldoboro, Maine, on August 9, 2017 at 9:00 a.m. all and singular the premises described in said mortgage to wit:
The real estate which is the subject of this foreclosure action is situated at 3 Highview Lane, Lots 16 & 17, Jefferson Maine, being more particularly described as follows:
Two certain lots of parcels of land located in Jefferson, County of Lincoln, State of Maine, and more particularly described as follows:
Parcel 1: Lot #16, depicted and shown on the Plan of Beaucage Ridge Subdivision, Jefferson, Maine, said Plan drawn by S. T. Mank in July of 1976 and approved by the Jefferson Planning Board on 18 January 1977, said Plan duly recorded at the Lincoln County Registry of Deeds in Plan Book 24, Page 73.
ALSO conveying to the Grantees, their heirs and assigns, a fee simple ownership in and to the roads depicted and laid out on said Plan. Said roads entering the project from Route 32 between Lots 3 and 4 and between Lot 8 and land now or formerly of James Allen, said roadways ending in the turnaround, so-called, between Lots 29 and 28 and Lots 26 and 23. Fee ownership of such roads being SUBJECT TO rights-of-way in favor of the owners of the Lots shown on Plan Book 24, Page 74, their successors and assigns, which rights-of-way shall include facilities necessary for transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently available or may become available in the future.
ALSO SUBJECT TO the rights-of-way reserved in the deed recorded in Book 1386, Page 33 to Donald N. Northrup, his heirs, successors and assigns in common with others for all purposes including ingress and egress, and the transmission of utilities over said roadways as depicted on said Plan between Route 32 and the land retained by the said Donald Northrup northerly of the Beaucage Ridge Subdivision, said right-of-way to be located over all of the roadways depicted on said Plan.
This conveyance is SUBJECT TO the following additional covenants, conditions, restrictions and reservations, which shall apply to and run with said land and shall be assumed by and binding upon the Grantees, their heirs and assigns:
1. Declaration of Common Maintenance, dated 12 October 1976 requiring the developer to maintain the interior roads and street in good repair until 50% of the lots depicted in Plan Book 24, Page 73, have been sold. Thereafter the maintenance of the streets shall be the proportional responsibility of the lots owners.
2. All notes and restrictions for Beaucage Ridge Subdivision (including the Subdivision
Restrictions in Book 790, Page 269), as shown on the Plan recorded in Plan Book 24, Page 73 and Subdivision Restrictions recorded in the Lincoln County Registry of Deeds in Book 890, Page 200.
3. The following restrictions and requirements:
a) There may be placed or erected on each lot only one structure for residential use. Such structure to be designed and equipped only for residential use by one family; to have not less than Nine Hundred Sixty (960) square feet of floor space exclusive of porches; to have its exterior finished with painted or stained clapboards, conventional wood siding or masonry siding; and to have a toilet and lavatory with all fixtures and plumbing complying with the State Plumbing Code.
b) No out-buildings other than garage, pump house, boathouse, or utility building, each with its exterior finished to match the residential building.
c) No tent or trailer shall be erected on any lot.
d) Enough of the trees shall be left standing to preserve the lot’s natural appearance and beauty.
e) All homes to be completed one year from starting of date of construction.
f) All homes to have full cement foundation.
g) Dwellings to be set back 80 feet from edge of tar on Route 32. Each dwelling shall be set in from side line 35 feet. Each dwelling shall be kept from back line 20 feet. Each dwelling on interior lots shall have a set back of 35 feet.
h) There shall be a minimum of 16 inches of gravel on all streets. Also, the finished width of streets shall be 16 feet wide.
4. DEP Site Location Findings of Fact and Order recorded at the Lincoln County Registry of Deeds in Book 899, Page 89 as modified by the Condition Removal recorded in Book 902, Page 92.
5. DEP Site Location Order recorded in Book 1386, Page 31.
6. DEP Site Location Order allowing this transfer recorded in Book 1868, Page 07.
7. Easement to Central Maine Power Company and New England Telephone and Telegraph Company in Book 981, Page 271.
8. Easement to Central Maine Power Company and New England Telephone and Telegraph Company in Book 1217, Page 214.
Also hereby conveying all rights, easement, privileges and appurtenances belonging to the premises herein above described.
Reference is made to Warranty Deed from Jenina A. Wood to Dale E. Leighton and Douglas C. Fales dated 1 March 2004 and recorded in the Lincoln County Registry of Deeds in Book 3246 at Page 101.
Meaning and intending to convey and hereby conveying precisely the same premises as described in a deed by Dale E. Leighton and Douglas C. Fales to Lloyd Hooper dated July 31, 2012, and recorded in the Lincoln County Registry of Deeds in Book 4552 Page 292.
Parcel 2: Lot #17, depicted and shown on the Plan of Beaucage Ridge Subdivision, Jefferson, Maine, said Plan drawn by S. T. Mank in July of 1976 and approved by the Jefferson Planning Board on 18 January 1977, said Plan duly recorded at the Lincoln County Registry of Deeds in Plan Book 24, Page 73.
ALSO conveying to the Grantees, their heirs and assigns, a fee simple ownership in and to the roads depicted and laid out on said Plan. Said roads entering the project from Route 32 between Lots 3 and 4 and between Lot 8 and land now or formerly of James Allen, said roadways ending in the turnaround, so-called, between Lots 29 and 28 and Lots 26 and 23. Fee ownership of such roads being SUBJECT TO rights-of-way in favor of the owners of the Lots shown on Plan Book 24, Page 74, their successors and assigns, which rights-of-way shall include facilities necessary for transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently available or may become available in the future.
ALSO SUBJECT TO the rights-of-way reserved in the deed recorded in Book 1386, Page 33 to Donald N. Northrup, his heirs, successors and assigns in common with others for all purposes including ingress and egress, and the transmission of utilities over said roadways as depicted on said Plan between Route 32 and the land retained by the said Donald Northrup northerly of the Beaucage Ridge Subdivision, said right-of-way to be located over all of the roadways depicted on said Plan.
This conveyance is SUBJECT TO the following additional covenants, conditions, restrictions and reservations, which shall apply to and run with said land and shall be assumed by and binding upon the Grantees, their heirs and assigns:
1. Declaration of Common Maintenance, dated 12 October 1976, a true copy of which is attached hereto as Exhibit “A” requiring the developer to maintain the interior roads and street in good repair until 50 of the lots depicted in Plan Book 24, Page 73, have been sold. Thereafter the maintenance of the streets shall be the proportional responsibility of the lots owners.
2. All notes and restrictions for Beaucage Ridge Subdivision (including the Subdivision Restrictions in Book 790, Page 269), as shown on the Plan recorded in Plan Book 24, Page 73 and Subdivision Restrictions recorded in the Lincoln County Registry of Deeds in Book 890, Page 200.
3. The following restrictions and requirements:
a) There may be placed or erected on each lot only one structure for residential use. Such structure to be designed and equipped only for residential use by one family; to have not less than Nine Hundred Sixty (960) square feet of floor space exclusive of porches; to have its exterior finished with painted or stained clapboards, conventional wood siding or masonry siding; and to have a toilet and lavatory with all fixtures and plumbing complying with the State Plumbing Code.
b) No out-buildings other than garage, pump house, boathouse, or utility building, each with its exterior finished to match the residential building.
c) No tent or trailer snail be erected on any lot.
d) Enough of the trees shall be left standing to preserve the lot’s natural appearance and beauty.
e) All homes to be completed one year from starting of date of construction.
f) All homes to have full cement foundation.
g) Dwellings to be set back 80 feet from edge of tar on Route 32. Each dwelling shall be set in from side line 35 feet. Each dwelling shall be kept from back line 20 feet. Each dwelling on interior lots shall have a setback of 35 feet.
h) There shall be a minimum of 16 inches of gravel on all streets. Also, the finished width of streets shall be 16 feet wide.
4. DEP Site Location Findings of Fact and Order recorded at the Lincoln County Registry of Deeds in Book 899, Page 89 as modified by the Condition Removal recorded in Book 902, Page 92.
5. DEP Site Location Order recorded in Book 1386, Page 31.
6. DEP Site Location Order allowing this transfer recorded in Book 1868, Page 07
7. Easement to Central Maine Power Company and New England Telephone and Telegraph Company in Book 981, Page 271.
8. Easement to Central Maine Power Company and New England Telephone and Telegraph Company in Book 1217, Page 214.
Also hereby conveying all rights, easement, privileges and appurtenances belonging to the premises herein above described.
Reference is made to warranty deed from Jenina A. Wood to Dale E. Leighton and Douglas C. Fales dated 1 March 2004 and recorded in the Lincoln County Registry of Deeds in Book 3246, Page 101. Meaning and intending to convey and hereby conveying precisely the same premises as described in a deed by Dale E. Leighton and Douglas C. Fates to Lloyd Hooper dated July 31, 2012, and recorded in the Lincoln County Registry of Deeds in Book 4552 Page 296.
TERMS OF SALE
The property will be sold to the highest bidder. An initial non-refundable deposit of $5,000.00 in cash or certified check shall be payable at the time of auction, with the balance due and payable within thirty days upon presentation of the deed. Purchaser shall be required to execute a purchase and sale agreement in a form acceptable to seller providing a final closing within thirty days thereafter.
The property will be sold subject to all matters of record; subject to utility easements and rights of way of record or which are visible on the face of the earth; subject to any and all outstanding real estate taxes; subject to any and all Municipal, State or Federal laws, regulations or ordinances, including without limitation, any rights that may be vested in a Bankruptcy Trustee, Court or Taxing Authority, such as statutory redemption rights or rights which a Trustee in Bankruptcy, if applicable, might hold by operation of law. The property is also sold subject to occupancy rights of tenants, if any.
The property is further sold subject to any condition which a physical examination of the premises might reveal, and subject to any encroachments that an adequate survey or inspection of the premises by a competent surveyor might reveal.
The property is being sold “as-is” and will be conveyed by Release Deed, without any warranty as to the condition, size or location of the property, or the state of title to the property.
Additional terms will be announced at sale.
Peter J. Lynch, Esquire
Attorney for Plaintiff
CUMLER & LYNCH
P.O. Box K
21 Friendship Street
Waldoboro, ME 04572
(207) 832-7969
Bar No. 2964
27-29