REAL ESTATE AUCTION R17-216B

Transcription

1 REAL ESTATE AUCTION R17-216B 430 VAUGHN RD, DOVER-FOXCROFT, ME MONDAY, OCTOBER 10:30 AM 10/23/ Vaughn Rd, Dover-Foxcroft, ME PREVIEW: MONDAY, OCTOBER PM or by appt. MAP/LOT B ± 1.3 ACRES

2 R17-216B Land / Residential 430 Vaughn Rd, Dover-Foxcroft, ME Map/Lot B ± 1.3 Acres Prepared for: Machias Savings Bank Prepared by: Central Maine Auction Center Emily Tilton, Auction License #1621

3 CENTRAL MAINE AUCTION CENTER 44 CONCORD DRIVE, HERMON, MAINE (207) CMAUCTIONCENTER.COM MONDAY, OCTOBER 10:30 AM Dear Prospective Bidder: Machias Savings Bank and Next Home / Tim Schuck, in conjunction with Central Maine Auction Center would like to announce auction R17-216B. The real estate at 430 Vaughn Rd in Dover- Foxcroft, ME, consists of ±1.3 acres of residential land. The above property is subject to a $5000 deposit (nonrefundable) in CASH or CERTIFIED U.S. FUNDS made payable to Machias Savings Bank (deposited with Auctioneer as qualification to bid). The property will be sold by public auction as is-where is, subject to all outstanding municipal assessments. Machias Savings Bank, Central Maine Auction Center and Next Home make no warranties of any kind regarding its title to the property or the physical condition, location or value of the property, or compliance with any applicable federal, state or local law, ordinance and regulation, including zoning, or land use ordinances. Bidders must satisfy themselves to each of those matters as an ordinary and prudent buyer. For further information regarding the property, the public sale bidding details, and additional terms, contact Central Maine Auction Center. ADDITIONAL TERMS AND CONDITIONS MAY BE ANNOUNCED BY THE AUCTIONEER ON THE DATE OF THE PUBLIC SALE AND ARE INCORPORATED HEREIN BY REFERENCE. Central Maine Auction Center and Tim Schuck are available to assist you with any questions you may have regarding the property or our auction process. Our friendly, professional staff is committed to providing quality service and look forward to seeing you on auction day.

4 PUBLIC NOTICE NOTICE OF PUBLIC SALE Notice is hereby given that in accordance with the Judgment of Foreclosure and Sale entered on July 5, 2017 by the Maine District Court for Piscataquis County in Dover-Foxcroft, Docket No. DOV-RE , in the action entitled Machias Savings Bank v. Dean J. Smith, Laurie L. Smith, Brian Cunningham and Toni Cunningham, wherein the Court adjudged the foreclosure of two certain mortgages given by Dean J. Smith and Laurie L. Smith to Machias Savings Bank dated April 13, 2005 and June 15, 2006 respectively and recorded in the Piscataquis County Registry of Deeds in Book 1642, Page 296 and Book 1753, Page 33 respectively, the period of redemption having expired, public sale of the properties described in the mortgages will be conducted on October 23, 2017, at each property, as follows: (1) 262, 264 East Main Street, Dover-Foxcroft, commencing at 10:00 a.m. (2) 430 Vaughn Road f/k/a East Dover Road, Dover-Foxcroft, commencing at 10:30 a.m. PROPERTY DESCRIPTION: (1) Certain property located at 262, 264 East Main Street, Dover-Foxcroft, Maine The property is also described on the Dover-Foxcroft Tax Maps as Map 41, Lot 10. Reference is made to said mortgage deed for a more detailed legal description of the property to be conveyed. (2) Certain property located at 430 Vaughn Road f/k/a East Dover Road, Dover-Foxcroft, Maine The property is also described on the Dover-Foxcroft Tax Maps as Map 11, Lot 23B. Reference is made to said mortgage deed for a more detailed legal description of the property to be conveyed TERMS OF SALE: THE PROPERTIES ARE BEING SOLD ON AN AS IS, WHERE IS, BASIS WITHOUT ANY WARRANTY WHATSOEVER AS TO THE CONDITION OF OR TITLE TO EITHER PROPERTY. The properties will be sold subject to all outstanding municipal assessments, whether or not of record in the Piscataquis County Registry of Deeds, as well as all real estate transfer taxes assessed on the transfers. The sales will be by public auction. The deposits to bid, which are non-refundable as to the highest bidder, are $5, in official bank check or certified funds (cash deposits not accepted). The deposit to bid should be made payable to Machias Savings Bank. The highest bidder at each auction will be required to execute a purchase and sale agreement with Machias Savings Bank at the time and place of sale. The balance of the sale price will be due and payable within 30 days of the public sale. Conveyance of the properties will be by release deed. All other terms, including any modifications of or additions to the terms set forth above, will be announced at the public sales. Dated: September 18, 2017 By: David S. Sherman, Jr., Esq. Attorney for Machias Savings Bank Drummond Woodsum & MacMahon 84 Marginal Way, Suite 600 Portland, ME (207)

5 Bidder # BIDDER REGISTRATION FORM I,, hereby deposit $5, in U.S. Funds (cash, certified or cashier s check) with Emily Tilton, Auctioneer, License No. 1621, to register to bid at the public auction of the property at 430 Vaughn Road f/k/a East Dover Road, Dover-Foxcroft, Maine In the event that I am the successful bidder my $5, deposit will be credited toward the final purchase price, as determined by the auctioneer. In the event that I am an unsuccessful bidder my deposit will be returned to me upon submission of this deposit receipt, together with my bid number. By registering to bid I agree to be bound by the Terms and Conditions of the auction, which I hereby acknowledge I have received and fully understand. Date: October 23, 2017 Signature Printed Name Deposit Receipt for, Bidder #. In the event you are an unsuccessful bidder, return this deposit receipt to the auctioneer for return of your deposit. Date: October 23, 2017

6 TERMS & CONDITIONS OF SALE Date and Time of Sale: Place of Sale: Seller: October 23, 10:30 a.m. 430 Vaughn Road f/k/a East Dover Road Dover-Foxcroft, Maine Machias Savings Bank Auctioneer: Emily Tilton, License No Central Maine Auction Center 44 Concord Drive Hermon, Maine The property is to be sold at auction pursuant to a Judgment of Foreclosure entered by the Maine District Court in Dover-Foxcroft, Maine on July 5, 2017 in the civil action entitled Machias Savings Bank v. Dean J. Smith and Laurie L. Smith et al., Docket No. DOV-RE , for the foreclosure of a certain mortgage given by Dean J. Smith and Laurie L. Smith to Machias Savings Bank dated June 15, 2006, and recorded in the Piscataquis County Registry of Deeds in Book 1753, Page The Property, to the best of Seller's knowledge and belief, consists of the real property commonly known as 430 Vaughn Road f/k/a East Dover Road, Dover-Foxcroft, Maine 04426, as more particularly described in the Mortgage described in Paragraph 1 of this document. Seller makes no warranty as to the accuracy of the foregoing descriptions, which should be independently confirmed by prospective Buyers prior to the sale. 3. All bidders must pre-register. Any person or entity intending to bid at the sale, except Machias Savings Bank or its assignee, must receive a bid number at the registration desk and must deposit the sum of $5,000 with the Auctioneer, U.S. funds, in cash, certified or cashier's (or equivalent) check (checks to be made payable to Machias Savings Bank prior to the auction. The deposit of any unsuccessful bidder shall be returned at the completion of the sale upon submission of the deposit receipt and bid number. 4. The Property shall be sold subject to all encumbrances of record, including unpaid real estate and/or personal property taxes plus interest, fees and costs, and all other assessments and charges, attributable to the Property, including any other fees or assessments which shall be the exclusive responsibility of and shall be paid by Buyer. Buyer shall also have exclusive responsibility for and shall pay any and all tax imposed upon either Buyer or Seller upon the transfer of title. Any sales tax payable to the State of Maine on purchase of the Property shall be the exclusive responsibility of and shall be paid by Buyer to Seller at the Closing. 5. Seller shall convey the real property to the Buyer by Quitclaim Deed Without Covenant. 6. The Property shall be sold to the highest bidder at the foreclosure sale conducted pursuant to the Judgment of Foreclosure, and the sale shall be by auction conducted by the above Auctioneer. The successful bidder must also at the time and place of the sale execute a Purchase and Sale Agreement with Seller providing for a closing within thirty (30) days from the date of the auction, at which time the balance of the bid price will be due and payable in cash, certified check

7 or cashier's (or equivalent) check upon presentation of a deed to the Property. All the terms and conditions contained in said Purchase and Sale Agreement are hereby incorporated herein by reference as governing terms of sale and shall be carefully reviewed by each prospective bidder. 7. The Property is sold on an "AS IS" "WHERE IS" basis. No representations or warranties concerning title to or the physical condition of the property, or its compliance with any applicable zoning, environmental, hazardous waste or land use regulations, laws or ordinances were made, have been made, or are being made by Seller, or any of its agents or representatives. 8. In the event that the successful bidder fails to make the payment of the balance due within said thirty (30) days, the Seller may resell the property at public or private sale without further notice and in such an event all sums paid as earnest money deposited by Buyer shall be retained by Seller as its separate and exclusive property and shall be Seller s sole remedy against Buyer. 9. If any dispute arises between two or more bidders, the Auctioneer may decide the sale, may continue the bidding with the last highest bid (as determined by the Auctioneer), or may immediately begin the bidding again, and resell to the highest bidder. The decision of the Auctioneer shall be final and absolute and binding on all bidders. Neither Auctioneer nor Seller shall suffer or incur any liability to any party on account of or with respect to such dispute or resolution of dispute. 10. Seller and Auctioneer shall not be liable for and persons assume all risk of damage, injury or loss arising out of or relating to the inspection, exhibition and/or sale of the Properties. Neither the Auctioneer nor the Seller shall be liable by reason of any defect in or condition of the premises on which the sale is held. Further, bidders hereby release the Auctioneer and Seller from any and all liability which bidders may incur arising out of their interest in the property and/or their purchase or potential purchase of the Property. 11. The record of sale kept by the Auctioneer and bookkeeper will be final in the event of any dispute. 12. The Property will be sold to the highest bidder whose bid is accepted by the Auctioneer as agent for Seller. Auctioneer as agent for the Seller reserves the right to accept or reject any and all bids and to determine, in its sole discretion, which bid, if any it will accept. SELLER AND AUCTIONEER MAKE NO REPRESENTATIONS OR WARRANTIES WHAT- SOEVER WITH RESPECT TO TITLE TO OR CONDITION OF THE PROPERTY INCLUDING WITHOUT LIMITATION THE VALIDITY, APPLICABILITY, ENFORCEABILITY OR PRIORITY OF DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, KNOWN OR UNKNOWN, AND WHETHER OR NOT OF RECORD, WHICH ARISE OUT OF OR RELATE TO THE PROPERTY. ALL PROPERTY WILL BE SOLD ON AN "AS IS", "WHERE IS," AND "WITH ALL DEFECTS" BASIS AND ANY AND ALL WARRANTIES AND LIABILITIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF HABITABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE, SHALL BE AND HEREBY ARE DISCLAIMED. SELLER AND AUCTIONEER MAKE NO REPRE- SENTATIONS WHATSOEVER WITH RESPECT TO THE INCOME-PRODUCING POTENTIAL OF THE PROPERTY, IF ANY. THE AUCTIONEER AND THE SELLER, AND THEIR AGENTS AND ATTORNEYS, SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR LOSS OR USE OF THE ASSETS, LOSS OF TIME, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OR INJURY.

8 PURCHASE AND SALE AGREEMENT MORTGAGEE'S SALE OF REAL ESTATE PURSUANT TO JUDGMENT OF FORECLOSURE Agreement made on October 23, 2017 by and between Machias Savings Bank, a Maine banking corporation with a place of business at 4 Center Street, PO Box 318 in Machias, County of Washington and State of Maine ("Seller") and ("Buyer"), whose mailing address is. Seller and Buyer, in consideration of the mutual covenants and undertakings herein-after contained, agree as follows: 1. PURCHASE AND SALE OF PROPERTY. Seller agrees to sell and convey and Buyer agrees to purchase certain real property, and appurtenant rights, if any, located at 430 Vaughn Road f/k/a East Dover Road, Dover-Foxcroft, Maine 04426, and being more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"). The Property is sold "AS IS" and "WHERE IS" with no warranties of any kind. 2. PURCHASE PRICE. The purchase price for the Property is $, payable as follows: (a) $5, earnest money deposit, receipt of which is hereby acknowledged and which shall be held in escrow by Machias Savings Bank, and applied to payment of the purchase price, without interest, at the time of the Closing as hereinafter defined; and (b) Balance of the purchase price to be paid in cash or by certified or cashier's (or equivalent) check at the Closing. 3. FINANCIAL CAPACITY. Buyer represents to Seller that it has the financial capacity and financial resources to effect closing within the time specified by and on the terms and conditions provided by this Agreement. Buyer's obligation to purchase the property is not conditioned, in whole or in part, upon Buyer's ability to obtain financing for the purchase effected hereby.

9 4. CLOSING. The closing (the "Closing") shall take place on or before November 22, 2017, at such location and time as may be designated by Seller. 5. DEED. At the Closing, Seller shall deliver to Buyer a duly executed and acknowledged Quitclaim Deed Without Covenant, conveying all of Seller's right, title and interest in the Property. 6. FAILURE OF SELLER TO PERFORM. If Seller is unable to convey title as provided in Section 5 of this Agreement, or is unable to perform hereunder for any reason whatsoever, the sole obligation of Seller shall be to refund Buyer's earnest money deposit without interest; and upon making such refund, this Agreement shall terminate and neither party shall have any further claims against or obligations to the other. 7. TAXES/ASSESSMENTS. All unpaid real estate and/or personal property taxes due, plus interest, fees and costs, and all other assessments and charges, including but not limited to water charges and sewer charges, attributable to the Property shall be the exclusive responsibility of and shall be paid by Buyer. Buyer shall also have exclusive responsibility for and shall pay any and all tax imposed upon either Buyer or Seller upon the privilege of transferring or receiving title to real property as provided by 36 M.R.S.A et seq. Any sales tax payable to the State of Maine on purchase of the Property shall be the exclusive responsibility of and shall be paid by Buyer to Seller at the Closing. 8. POSSESSION OF THE PROPERTY. Buyer shall have no right to possession of the Property at any time prior to the Closing. 9. RISK OF LOSS. All risk of loss to the Property shall be borne by Buyer upon the execution of this Agreement. 10. BUYER DEFAULT/TERMINATION. As the Property is being sold at a foreclosure sale conducted pursuant to 14 M.R.S.A. 6323, time is material and of the essence in performance of this Agreement. If Buyer shall default in the making of any payment herein required or shall fail

10 to comply with any term, condition or covenant of this Agreement, Seller may elect to declare this Agreement terminated and at an end. In the event of the exercise of this election by Seller, all rights of Buyer hereunder shall cease and terminate, and Seller may resell the Property. In the event that Buyer fails to perform hereunder, and this contract is terminated, all sums paid as earnest money deposited by Buyer to Seller shall be retained by Seller as its separate and exclusive property and this shall be Seller s sole and exclusive remedy against Buyer for breach of this agreement. Notice of intention to declare this Agreement so terminated shall be given in writing to Buyer and shall be deemed to be effective upon mailing of such notice by certified mail, return receipt requested, to Buyer by Seller. 11. ASSIGNMENT. Buyer shall have no right to assign this Agreement without the prior written consent of Seller, and any purported assignment of this Agreement shall be voidable at the option of Seller without in any manner affecting Buyer's obligations hereunder. 12. MODIFICATION OF THIS AGREEMENT/INTEGRATION. No term or condition of this Agreement shall be modified except by agreement in writing by Buyer and Seller. The Terms and Conditions of Sale are made a part hereof and incorporated herein by reference. 13. AUCTIONEER. Buyer and Seller recognize Emily Tilton, License No. 1621, of Central Maine Auction Center, as Auctioneer in connection with the transaction contemplated herein. Buyer shall not be responsible for Auctioneer s fees; such costs shall be paid by Seller. Seller and Buyer shall indemnify and hold each other harmless from and against all claims made by brokers (other than Auctioneer), arising out of their respective actions. This indemnity shall include all costs and expenses incurred by Seller and Buyer, including attorney s fees. This indemnity shall survive delivery of the deed at closing. 14. NUMBER/GENDER/JOINT AND SEVERAL OBLIGATIONS. The term Buyer or any pronoun used in its place shall mean and include the masculine and the feminine, the singular or the plural number, and jointly and severally, individuals, friends or corporations and their

11 respective successors, executors, administrators and assigns according to the context hereof. This Agreement shall be equally binding upon and shall inure to the benefit of the legal representatives and successors in interest of the parties hereto. 15. HEADINGS. All paragraph headings in this Agreement are for convenience of reference only and are of no independent legal significance. 16. MAINE LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Maine. 17. NOTICE. Except as otherwise specifically provided herein, all notices and other writings permitted or required herein shall be in writing by the party giving such notice and shall be deemed properly given upon deposit in the United States mail as bearing proper first class postage and addressed to the other party at the address first above given, or such other address as may be from time to time designated in writing by either party. 18. COPIES. By their signatures hereon, the parties hereto acknowledge receipt of a copy of this Agreement. 19. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement of the parties hereto, and Seller and Buyer acknowledge that neither is relying upon any statement or representation, written or oral, of any party of person which has not been embodied in this Agreement. IN WITNESS WHEREOF, Buyer and Seller have caused this Agreement to be executed on the date first above written. WITNESS: MACHIAS SAVINGS BANK By: Gregory J. Fuller, Vice President BUYER Printed Name:

12 QUITCLAIM DEED WITHOUT COVENANT KNOW ALL PERSONS BY THESE PRESENTS, that MACHIAS SAVINGS BANK, a Maine banking corporation with a place of business at 4 Center Street, PO Box 318 in Machias, County of Washington and State of Maine, as foreclosing mortgagee by virtue of and pursuant to a Judgment of Foreclosure and Sale entered by the Maine District Court in Dover-Foxcroft, Maine on July 5, 2017, in the civil action entitled Machias Savings Bank v. Dean J. Smith, Laurie L. Smith, Brian Cunningham and Toni Cunningham, Docket No. DOV-RE for the foreclosure of a certain mortgage given by Dean J. Smith and Laurie L. Smith to Machias Savings Bank dated June 15, 2006 and recorded in the Piscataquis County Registry of Deeds in Book 1753, Page 33, for consideration paid, does hereby remise, release and forever quitclaim unto, with a mailing address of, as high bidder, all right, title and interest in and to certain real property located in Dover-Foxcroft, County of Piscataquis and State of Maine, being more particularly described on Exhibit A, attached hereto and made a part hereof. IN WITNESS WHEREOF, the said Machias Savings Bank, as foreclosing mortgagee by virtue of the Judgment of Foreclosure and Sale as aforesaid, has caused this instrument to be executed in its name and on its behalf by Gregory J. Fuller, its Vice President thereunto duly authorized, this day of November, WITNESS MACHIAS SAVINGS BANK By: Gregory J. Fuller, its Vice President STATE OF MAINE COUNTY OF PENOBSCOT, ss. November, 2017 Then personally appeared the above-named Gregory J. Fuller, in his capacity as Vice President of Machias Savings Bank and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said Machias Savings Bank. Before me, Notary Public Print Name: My Comm. Expires:

13 EXHIBIT A PROPERTY DESCRIPTION A certain lot or parcel of land, together with buildings and improvements thereon, situated in DOVER-FOXCROFT, County of Piscataquis and State of Maine, bounded and described as follows: Beginning at a point in the northerly side of the East Dover Road, so-called, which point represents the southwest corner of the parcel conveyed by Stephen J. Mitchell, et ux., to Adrien Choiniere, et ux., as dated September 8, 1983, and recorded In the Piscataquis County Registry of Deeds, Book 548, Page 212; thence westerly along the northerly bound of said road five hundred forty-six (546) feet; thence N 08 30' E one hundred eighty-seven (187) feet to a point; thence generally easterly five hundred twenty-one (521) feet to a point on the westerly line of land of said Choiniere, which point is one hundred ninety-eight (198) feet northerly of said point of beginning as measured along the westerly line of said Choiniere; thence southerly along land of said Choiniere one hundred ninety-eight (198) feet to the point of beginning. Being the same premises described in a deed from Louis B. Moody to Dean Smith and Laurie Smith, dated May 18, 2005, and recorded in the Piscataquis County Registry of Deeds, Book 1651, Page 98.

14 Dover Foxcroft 2:12 PM Name: SMITH, DEAN J & LAURIE L Location: 430 VAUGHN ROAD Acreage: 1.3 Map/Lot: B Book Page: B1651P Period Due: 1) ) RE Account 483 Detail as of 10/03/2017 Land: Building: Exempt Total: Ref1: Mailing Address: 19,100 35, ,900 STORAGE BUILDING 15 MECHANIC STREET DOVER-FOXCROFT ME /03/2017 Page 1 Year Date Reference P C Principal Interest Costs Total R 1, , L 08/04/16 Original 1, , /15/2017 DEMAND A Demand Fees 07/19/17 Liened 1, , CURINT Total 1, , R R R R R R R R R R Account Totals as of 10/03/2017 2, , Total Per Diem Note: Payments will be reflected as positive values and charges to the account will be represented as negative values.

15

16

17 Auction # R17-216B Location: 430 Vaughn Rd, Dover-Foxcroft, ME DISCLOSURES RELATIVE TO PROPERTY Disclosure for Heating System: Type Age of System Name of Service Company Annual Consumption per Source Malfunctions or Problems Disclosure for Waste Disposal System: Type of System Date of Installation Size and Type of Tank Location of Field and Tank Malfunctions Service and Contracting Disclosure for Private Water Supply: Type of System Date of Installation Malfunctions Location Date and Result of Tests Disclosure for Public Water Supply: Line Malfunctions Disclosure for Known Hazardous Materials including but not limited to: Asbestos Radon Lead Paint Chemical Spills on Property Underground Tanks Signature of Seller Date Signature of Buyer Date