Keenan Auction Company

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1 Keenan Auction Company PROPERTY INFORMATION PACKAGE Our 6,424 th Auction Real Estate Foreclosure Auction Raised Ranch Style Home 21 Wardwell Rd., Orland, Maine Tuesday, August 27, 2013 at 3:30PM

2 Keenan Auction Company 1 RUNWAY ROAD SO. PORTLAND, MAINE (207) info@keenanauction.com July 30, 2013 Dear Prospective Bidder: Keenan Auction Company would like to announce auction : Real estate consists of a 1+/- acre parcel improved by a raised ranch style home. The auction will be held on Tuesday, August 27, 2013 at 3:30PM on premises. Please find our detailed Property Information Package enclosed for your review. The above property is subject to a $2,500 deposit (non-refundable as to the highest bidder) in CASH or CERTIFIED U.S. FUNDS made payable to the Keenan Auction Company (deposited with Auctioneer as a qualification to bid), increased to 10% of the purchase price day of sale in cash or personal check, with balance due and payable within 30 days from date of auction. The property will be sold by public auction subject to all outstanding municipal assessments. Conveyance of the property will be by release deed. All other terms will be announced at the public sale. Keenan Auction Company is committed to providing you with comprehensive information concerning this property. Our staff is readily available to assist you with any questions you may have regarding this property or the auction process. Thank you for your interest in this property and we look forward to seeing you on the day of the sale. Sincerely, KEENAN AUCTION COMPANY Enc. "This agency represents the Seller's interests and, as such, has a fiduciary duty to disclose to the Seller information, which is material to the sale, acquired from the Buyer or any other source."

3 Real Estate Foreclosure Auction Raised Ranch Style Home 21 Wardwell Rd., Orland, Maine Prepared for: Maine State Housing Authority Prepared by: Keenan Auction Company

4 Table of Contents Agency Relationships (Form 3)... 1 Disclaimer... 2 Advertisement... 3 Location Map... 4 Tax Map... 5 Floor Plan... 6 Assessment Information... 7 Municipal Information... 9 Property Disclosure Form Enclosures: Purchase and Sale Agreement Quitclaim Deed Without Covenant Terms and of Sale Note: Please use page number in lower right hand corner of page

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6 DISCLAIMER ATTENTION PROSPECTIVE BIDDER THE INFORMATION SET FORTH IN THIS PROPERTY INFORMATION PACKAGE IS BELIEVED TO BE CORRECT AND COMPLETE. HOWEVER, THE KEENAN AUCTION COMPANY AND THE SELLER OF THIS PROPERTY AND ITS AGENTS/REPRESENTATIVES MAKE NO WARRANTIES AS TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THIS INFORMATION. PRIOR TO THE AUCTION, PROSPECTIVE BIDDERS SHOULD MAKE SUCH INVESTIGATION, AS THEY DEEM APPROPRIATE. 2

7 Advertisement Notice Of Real Estate Foreclosure Auctions /238 Pursuant to 14 M.R.S.A (2) Central Maine Properties Orland & Greenbush Auction ~ Tuesday, August 27, 2013 at 3:30PM ~ 21 Wardwell Rd., Orland, Maine: Notice is hereby given that in accordance with a Judgment of Foreclosure and Sale and Order dated June 4, 2012 which judgment was entered by the Maine Superior Court for Hancock County, Maine in the case of Maine State Housing Authority v. Toby E. York, Docket No. SC-RE , and wherein the Court adjudged a foreclosure of a mortgage deed granted by Toby E. York and recorded in the Hancock County Registry of Deeds in Book 4669, Page 25, the period of redemption from said judgment having expired and the Court granting an enlargement of the publication deadline; a public sale will be conducted on August 27, 2013, commencing at 3:30 p.m. at 21 Wardwell Rd., Orland, Maine. Reference should be had to said mortgage deed for a more complete legal description of the property to be conveyed. Real Estate: Consists of 1+/- acre parcel w/ 200+/- ft of road frontage. Improving the site is Raised Ranch style home (1,248+/- SF), with 2-bedrooms, 1-bath, open kitchen/dining/living area, wood stove hookup, deck, and a 2-car garage. Reference Orland Tax Map 18, Lot 12. Auction ~ Tuesday, September 3, 2013 at 3PM ~ 1020 Main Rd., Greenbush, Maine: Notice is hereby given that in accordance with an Order and Judgment of Foreclosure and Sale and Reformation of Mortgage dated October 9, 2012 which judgment was entered by the Maine Superior Court for Penobscot County, Maine in the case of Maine State Housing Authority v. James C. Worcester and Hilary T. Montague, Docket No. RE-12-04, and wherein the Court adjudged a foreclosure of a mortgage deed granted by James C. Worcester and Hilary T. Montague and recorded in the Penobscot County Registry of Deeds in Book 9563, Page 26, the period of redemption from said judgment having expired; and the Court granting an enlargement of the publication deadline, a public sale will be conducted on September 3, 2013, commencing at 3:00 p.m. at 1020 Main Rd., Greenbush, Maine. Reference should be had to said mortgage deed for a more complete legal description of the property to be conveyed. Real Estate: Consists of 1.14+/- acre parcel w/ 200+/- ft of road frontage. Improving the site is Ranch style home (1,008+/- SF), with 3-bedrooms, 1-bath, kitchen/dining area, living room, small deck, and a large 2-car garage. Reference Greenbush Tax Map 7, Lot 20A. Previews: Orland - Wednesday, August 7 th from 2-2:30pm and Greenbush Monday, August 19 th from 12-12:30PM Terms: A $2,500 deposit per property (nonrefundable as to highest bidder) in CASH or CERTIFIED U.S. FUNDS, made payable to the Keenan Auction Co. (deposited with the Auctioneer as a qualification to bid), increased to 10% of the purchase price day of sale in cash or personal check, with balance due and payable within 30 days from date of auction. The properties will be sold by public auction subject to all outstanding municipal assessments. Conveyance of the properties will be by release deed. All other terms will be announced at the public sale. For a Property Information Package visit KeenanAuction.com or call (207) and request by auction number. Richard J. Keenan #236. Our 41 st Year 6,424 th & 6,425 th Auctions. Keenan Auction Company 1 RUNWAY ROAD SO. PORTLAND, MAINE (207) info@keenanauction.com 3

8 Location Map 4

9 Tax Map 5

10 Floor Plan 6

11 Assessment Information 7

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13 Municipal Information Real Estate Foreclosure Auction Wardwell Rd., Orland, Maine 2013/14 Mill Rate $ Per $1, Percent of Valuation at Market 90% Tax Map 18, Lot /14 TAX VALUE: Land $ 17, Building 86, Total Value $ 104, /14 ANNUAL REAL ESTATE TAXES: $ 1, REAL ESTATE TAXES DUE: Current 1 st Payment of 2014 taxes due 9/30/13 - $ PUBLIC WATER: NA PUBLIC SEWER DUE: $ for July, August, and September. The above information was obtained from the Orland Town Hall. For further details on municipal information please contact the Town Hall at

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16 PURCHASE AND SALE AGREEMENT AGREEMENT made this 27 th day of August, 2013, by and between Maine State Housing Authority, which has a principal place of business in Augusta, Maine ( Seller ), and of ("Buyer"). 1. Property: Seller hereby agrees to sell (pursuant to the authority granted to it through a foreclosure action found in the Hancock County Superior Court, Docket No. SC-RE ) and Buyer hereby agrees to buy a certain lot or parcel of land, including any buildings thereon, situated at 21 Wardwell Road in Orland, Maine; being the same premises formerly encumbered by a Mortgage given by Toby E. York, dated December 21, 2006 and recorded in the Hancock County Registry of Deeds in Book 4669, Page Transfer of Property: Buyer and Seller agree that Buyer will deliver the balance of the purchase price within thirty (30) days of the date of the public sale (being no later than September 26, 2013) to the offices of Seller s counsel, Drummond & Drummond, LLP, located at One Monument Way in Portland, Maine. 3. Title: Seller agrees to convey its interest in the property by Quitclaim Deed Without Covenant to be delivered at closing subject to all existing easements, restrictions, encumbrances or other matters which may or may not be of record. Buyer acknowledges that the property is being sold "as is, where is, without recourse" and that no representations are made by Seller or its representatives as to the marketability or insurability of title. 4. Purchase Price: Buyer hereby agrees to pay the sum of Dollars ($ ) as follows in cash, certified check, or cashier's check:

17 (i) Two Thousand Five Hundred Dollars ($2,500.00) at the time of the execution of this Agreement, which is a nonrefundable Down Payment; (ii) Dollars ($ ) the same day as the execution of this Agreement, which when added to the Down Payment equates to ten (10) percent of the purchase price; and (iii) The remainder of the Purchase Price, due at the time of closing. Should Buyer fail to make the payment of the balance due by the closing date, the down payment shall be retained by Seller as damages and Seller may pursue other damages if appropriate. 5. Taxes and Municipal Assessments: Except as provided elsewhere herein, all real and personal property taxes, including taxes for the current year, any unpaid taxes for any prior year and any other fees including water and sewer charges due to municipal or quasi-municipal corporations will be the responsibility of Buyer. Any taxes or water and sewer charges paid by Seller not more than sixty (60) days prior to the date of the public sale shall be reimbursed by Buyer. 6. Sales Tax: Buyer will be responsible for a five (5) percent State of Maine Sales Tax that will be assessed on the value of personal property, if any, that is being sold with the real estate. The five (5) percent sales tax will be due from Buyer at closing. 7. Document Preparation Fees: Buyer shall pay Seller s counsel, Drummond & Drummond, LLP, a document preparation fee of Three Hundred Fifty and 00/100 Dollars ($350.00) at the transfer of the property. A check in the amount of Three Hundred Fifty and 00/100 Dollars ($350.00) will be made payable to and delivered to Drummond & Drummond, LLP, at the address provided above.

18 8. Risk of Loss: The risk of loss or damage to said premises by fire or otherwise until the closing is assumed by Seller. 9. Broker: Seller and Buyer hereby agree that there is no real estate broker involved in this transaction and that no one is due a commission for this sale unless specifically acknowledged by Seller prior to the execution of this Agreement. 10. Damages: In the event Seller defaults and breaches any of the terms of this Agreement, Buyer s damages shall be limited to return of its down payment. In the event Buyer defaults and breaches any of the terms of this Agreement, Seller may, at its election, retain Buyer s down payment, bring any legal and equitable claims it may have against Buyer and terminate the Agreement or file suit for specific performance of this Agreement. 11. Merger: No representations or warranties of any kind are made with respect to the property, including, without limitation, its condition or any use to which it may be put. The property is being sold on an "as is", "where is", "without recourse", "with all defects" basis, and any and all warranties, express, implied or otherwise, including, without limitation, the warranties of habitability, merchantability, marketability, insurability and fitness for any purpose, are hereby disclaimed. No representation or warranty is made as to the compliance of the real property with any laws, rules, regulations or ordinances, including zoning, environmental, or hazardous waste laws. Seller, its agents and attorneys shall have no responsibility or liability for the loss of use of the property, loss of time, inconvenience, commercial loss and/or any incidental or consequential damage, loss or injury. Buyer is not entitled to rely on any representations or warranties regarding the property not embodied in this Agreement, and any such representations or warranties have not been authorized by Seller or its agents and attorneys.

19 12. Possession: Buyer shall be entitled to possession at closing, or as otherwise agreed to in writing by Seller. Buyer is responsible for requesting a Writ of Possession and the eviction of any tenants in the property. 13. Miscellaneous: This instrument is to be construed under the laws of the State of Maine, and sets forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties have signed this Agreement in duplicate original on the day and year written above. BUYER(S): SELLER: Address: SSN Tel.No. By: Its:

20 QUITCLAIM DEED WITHOUT COVENANT CORPORATE GRANTOR KNOW ALL BY THESE PRESENTS, THAT Maine State Housing Authority, which has a principal place of business in Augusta, Maine, acting upon a Judgment of Foreclosure and Sale and Order entered pursuant to 14 M.R.S.A et seq. on June 8, 2012, by the Hancock County Superior Court (Docket No. SC-RE ) pertaining to a Mortgage given by Toby E. York, dated December 21, 2006 and recorded in the Hancock County Registry of Deeds in Book 4669, Page 25, in consideration of One Dollar ($1.00) and other valuable consideration paid by, whose mailing address is, the receipt whereof it does hereby acknowledge, does hereby remise, release, bargain, sell and convey, and forever quitclaim unto the said, his/her/its successors and assigns forever: a certain lot or parcel of land, together with any buildings thereon, situated at 21 Wardwell Road in Orland, Maine (being more particularly described in Exhibit A attached hereto). This deed is granted through a foreclosure sale held pursuant to 14 M.R.S.A. 6323(1). A notice of public sale stating time, place and terms of the sale was published on July 27, August 3, and August 10, 2013 in the Bangor Daily News, which is a newspaper of general circulation in Hancock County, the county where the real estate is located. The redemption period expired on September 6, 2012; the advertising period was extended by Court Order dated May 8, 2013; and the public sale was held on August 27, The grantee(s) was/were the highest bidder. TO HAVE AND TO HOLD the same, together with all privileges and appurtenances thereunto belonging, to the said, his/her/its successors and assigns forever.

21 IN WITNESS WHEREOF, Maine State Housing Authority has caused this instrument to be signed in its corporate name by, this day of September, Signed and Delivered in the Presence of: Maine State Housing Authority By: Its: STATE OF MAINE HANCOCK, ss. September, 2013 Then personally appeared the above named of Maine State Housing Authority and acknowledged the foregoing instrument to be his/her free act and deed, and the free act and deed of Maine State Housing Authority. Before me, Notary Public Printed Name My Commission Expires

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23 MORTGAGEE S FORECLOSURE SALE REAL PROPERTY OF 21 Wardwell Road, Orland, Maine Tuesday, August 27, 2013 at 3:30 p.m. TERMS OF SALE This Sale is being held pursuant to 14 M.R.S.A and in accordance with a Judgment of Foreclosure and Sale entered September 10, 2012, wherein the Hancock County Superior Court declared Maine State Housing Authority ( MSHA ) s right to foreclose a Mortgage given by Toby E. York dated December 21, 2006 and recorded in the Hancock County Registry of Deeds in Book 4669, Page 25. The Sale will be conducted in accordance with the following procedures and conditions: 1. The real property consists of a certain lot or parcel of land, including any buildings thereon, situated at 21 Wardwell Road in Orland, Maine; as more fully described in the aforementioned Mortgage. 2. MSHA agrees to convey its interest in the real property by Quitclaim Deed Without Covenant to be delivered at closing subject to any and all easements, restrictions and other matters of record. 3. Except as provided elsewhere herein, all real and personal property taxes, including taxes for the current year, any unpaid taxes for any prior year and any other fees including water and sewer charges due to municipal or quasi-municipal corporations will be the responsibility of Buyer. Any taxes or water and sewer charges paid by MSHA not more than sixty (60) days prior to the date of the public sale shall be reimbursed by Buyer. 4. No representation is made by MSHA as to the priority or validity of any liens or claims which may be superior to or subordinate to the Mortgage or commercial security interest of MSHA herein. 5. The risk of loss or damage to the property by fire or otherwise from and after the date of public sale to the date of closing is assumed by MSHA. 6. The above described real property is sold on an AS IS, WHERE IS, WITHOUT RECOURSE basis. Buyer acknowledges that he/she/it has had the opportunity to and has made such physical and title inspection as he/she/it sees fit, and that no representations or warranties concerning the title to the property or its compliance with any applicable zoning or land use regulations, laws, or ordinances were made, have been made, or are being made by MSHA, or any of its agents or representatives. The sale of the property does not include any personal property.

24 7. Buyer shall, at his/her/its cost, pay all applicable real estate transfer taxes, including any transfer tax assessed to MSHA as Seller, so that Buyer shall pay Four and 40/100 Dollars ($4.40) per thousand dollars or fraction thereof of the bid at closing. 8. Buyer shall pay MSHA s counsel, Drummond & Drummond, LLP, a document preparation fee of $ at the transfer of the property. 9. Buyer shall be responsible for a five (5) percent State of Maine Sales Tax that will be assessed on the value of any personal property that is being sold with the real estate, if any. Said sales tax will be due from the Buyer at closing. 10. While descriptions are believed to be correct, Keenan Auction Company and MSHA make no warranties or guarantees, expressed or implied, as to genuineness, authenticity, or defects, and will not be held responsible for advertising discrepancies or inaccuracies. Everything is sold AS IS, WHERE IS, WITHOUT RECOURSE except as expressly made or set forth in writing. 11. In the case of disputed bidding, Keenan Auction Company shall be the sole and absolute judge of such dispute. 12. Keenan Auction Company acts only as agent for MSHA. MSHA reserves the right to bid without making the required deposit and, if MSHA is the successful bidder, it may pay the purchase price with a credit against the indebtedness owed to it by the Mortgagor. 13. In the event of any conflict between these Terms and Conditions of Sale and the Purchase and Sale Agreement, the Purchase and Sale Agreement shall control. 14. At approximately 3:30 p.m. Eastern Standard Time the sale will be commenced by Keenan Auction Company. 15. Immediately after the reading of the Notice of Public Sale and the Terms of Sale, Keenan Auction Company will declare the Sale to be open to all persons who may wish to bid. The Notice of Sale is attached hereto and incorporated herein. 16. The real property will be sold AS IS, WHERE IS, WITHOUT RECOURSE to the highest bidder, who must make payment in cash, certified funds, or cashier s check as follows: (i) Two Thousand Five Hundred Dollars ($2,500.00) made payable to Keenan Auction Company, prior to the beginning of the auction, which sum will be retained as a nonrefundable, non-interest-bearing down payment to be applied to the purchase price; (ii) an additional amount, made payable to Keenan Auction Company, the day of auction, which sum equals ten (10) percent of the purchase price when added to the down payment, if necessary; and (iii) the remaining balance, made payable to MSHA, within thirty (30) days.

25 17. No bid will be accepted unless the bidder shall have first registered with Keenan Auction Company and deposited with them the required earnest money deposit. The bids will be made orally. Keenan Auction Company reserves the right to control the increments of the bids. Any bid not in compliance with the terms of the sale may be rejected. The highest bidder must also sign a purchase and sale contract with MSHA calling for a closing within thirty (30) days of the public sale, at which time MSHA will then deliver a duly executed Quitclaim Deed Without Covenant with respect to the real property. 18. The sale will be made without warranties and subject to: (1) prior liens or any conditions a title search would reveal, including but not limited to, (a) relevant state, municipal, Federal laws, regulations and ordinances, (b) any conditions or state of facts, which would be disclosed by inspection of the premises and/or an accurate engineering survey (including the exact geographic location of the premises), (c) persons in possession and those claiming under leases for a term less than two years, (d) unrecorded mechanics liens, (e) the existence of any violation of State, Municipal or Federal environmental laws or ordinances and the existence of any liens resulting therefrom which are not recorded within the chain of title in the Registry of Deeds for the county in which the real estate is located, (f) the Buyer shall be responsible for compliance with, application for, renewal and transfer of any and all approvals, orders, and permits issued by the State of Maine and the Town of Orland, if applicable. MSHA makes no representations or warranties of any kind with respect to the validity, existence, renewability, transferability, or necessity of any such permits, order, or approvals, (g) taxes assessed and payable that may or may not be liened and which are not yet due and payable, and for subsequent years, (h) title to and rights of the public and others entitled thereto in and to those portions of the lots lying within the bounds of adjacent streets, roads, and ways, (i) all rights, restrictions, encumbrances, covenants, rights of way, easements, reservations, conditions, agreements, and limitations as described in the instruments recorded in the York County Registry of Deeds; and (j) rights of tenants, if any. This foreclosure sale may be adjourned from time to time as Keenan Auction Company may determine. 19. In the event the highest bidder fails to close within thirty (30) days of the date of the public sale, MSHA reserves the right to sell the premises to any of the other registered bidders including itself, or resell the premises at a readvertised public sale. 20. PLEASE NOTE: You have signed a written, binding contract agreeing to the terms and conditions of sale, and understanding any bid you make falls under the Statute of Frauds. If you do not agree to the terms and conditions of sale, please return your bidding card to Keenan Auction Company. The undersigned hereby registers to bid, agreeing to the terms and conditions of sale set forth above and/or announced prior to the taking of bids, and intending to be bound thereby. Dated: Bidder

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