FORECLOSURE DEED. MASCOMA SAVINGS BANK, as successor by merger to Connecticut River Bank, N.A.

Transcription

1 FORECLOSURE DEED MASCOMA SAVINGS BANK, as successor by merger to Connecticut River Bank, N.A. with a mailing address of P.O. Box 4399, White River Junction, VT 05001, holder of several commercial mortgages, as amended, granted by Barbara J. O Brien, individually and/or Barbara J. O Brien and Emerson H. O Brien as Trustees of the BARBARA J. O BRIEN REVOCABLE TRUST OF 1995, as amended, dated April 15, 2008, September 3, 2009, December 31, 2010, and December 30, 2013, as recorded at Cheshire County Registry of Deeds at Book 2503, Page 309; Book 2596, Page 157; Book 2673, Page 894; and Book 2854, Page 793, respectively (together, the Mortgages ), under the statutory power of sale conferred by the Mortgages and every other power, for Dollars and No/100 ($.00) paid, grants to with a mailing address of, the premises conveyed by the Mortgages, more particularly described as follows: Three certain tracts or parcels of land with any buildings thereon, situated on the northerly side of Emerald Street in KEENE, County of Cheshire, State of New Hampshire, bounded and described as follows: Page 1 of 8

2 Tract I: A certain tract of land with coal sheds and other buildings thereon situated on the northerly side of Emerald Street in KEENE, County of Cheshire and State of New Hampshire, bounded and described as follows: Beginning at the south corner of land now or formerly of the Boston and Maine Railroad at an iron pipe; thence NORTH FEET, more or less, to an iron pin at land now or formerly of the Household Fuel Corporation; thence EASTERLY FEET, more or less, to an iron pin at land now or formerly of J. Earl Davis; thence SOUTHERLY FEET, more or less, on said Davis land to an iron pin; thence WESTERLY 4.11 FEET, more or less, on land of said Davis, to an iron pin; thence SOUTHERLY FEET, more or less, on land of said Davis, to an iron pin on said Emerald Street; thence WESTERLY FEET, more or less, on said Emerald Street to the place of beginning. SUBJECT to all the restrictions and conditions as set forth in an indenture between the Boston and Maine Railroad and the Carter Coal Company, which restrictions and conditions are covenants running with the land and to all of which said premises are subject. The said indenture in which said covenants are contained and from which the title to the Carter Coal Company was obtained is dated November 14, 1924, and recorded in Vol. 420, Page 64 of the Cheshire County Registry of Deeds. Tract II: A certain tract of land situate on the northerly bound of Emerald Street in KEENE, County of Cheshire and State of New Hampshire, bounded and described as follows: Beginning at a point located North WEST FEET, more or less, from the west side of Wilson Street which point is also located on the northerly side of Emerald Street; thence Turning and running along said northerly side of Emerald Street NORTH WEST 35.9 FEET, more or less, to a point; thence Page 2 of 8

3 Turning and running 62 FEET, more or less, on a curve with a 40 FOOT radius to the right along School Street; thence NORTH WEST FEET, more or less, along School Street to a point; thence NORTH EAST FEET, more or less, along land now or formerly of Boston and Maine Corporation; thence SOUTH 7 01 WEST FEET, more or less, along land now or formerly of Boston and Maine Corporation and Emerson H. and Barbara J. O Brien to the point of beginning. Part of this property is shown upon plan marked Land in KEENE, N.H., Robert W. Meserve, et als, Trustees of the Property of the Boston & Maine Corporation to Abraham Cohen J.D. Batchelder, Eng r of Design Scale 1 = 20 Mr. 1972, recorded in the Cheshire County Registry of Deeds to which reference is hereby made for a further description of the premises hereby conveyed. Reference is made to a plan entitled Land in Keene, N.H. Robert W. Meserve, et als, Trustees of the Property of the Boston & Maine Corporation to Abraham Cohen , Engineer of Design, March which plan is recorded in Plan Book 46, Page 42. The above two tracts are all of the same premises conveyed to Barbara J. O Brien by deed of Emerson H. O Brien, dated December 16, 1994, and recorded in Vol. 1511, Page 24 of the Cheshire County Registry of Deeds. Tract III: A certain tract of land with the buildings thereon situated off the northerly side of Emerald Street and easterly of School Street in KEENE, County of Cheshire and State of New Hampshire, bounded and described as follows: Beginning at a granite monument with drill hole which marks a corner of land now or formerly of Barbara J. O Brien, which granite monument is located NORTH EAST FEET, more or less, from a granite monument in the easterly line of School Street; thence SOUTH WEST FEET, more or less bounding on land of said O Brien to a point; thence SOUTH EAST FEET, more or less, bounding on land of said O Brien to an iron pin which marks the northwesterly corner of land now or formerly of Cheshire Oil Company; thence Page 3 of 8

4 CONTINUING in the same course FEET, more or less, bounding on land now or formerly of Cheshire Oil Company, to a granite monument with drill hole which marks the corner of land now or formerly of Theodore E. and Thomas Chabott; thence NORTH EAST FEET, more or less, bounding on land now or formerly of Chabbott, to a drill hole in a concrete pad which marks Chabbott s northwest corner; thence NORTH WEST FEET, more or less, bounding on land now or formerly of National Grange Mutual Insurance Company to the place of beginning. For further reference see a plan entitled, Boundary Line Adjustment & Voluntary Lot Merger Located at Tax Map 46, Block 4, Lots 1, 2 & 7.01, Keene, New Hampshire, prepared for Barbara J. O Brien, 85 Emerald Street, Keene, New Hampshire dated October 15, 1999, by Clough, Harbour & Associates LLP, recorded in Cabinet 12, DR4-100 of the Cheshire County Registry of Deeds. SUBJECT to the following reservations, conditions, covenants and agreements: 1. This conveyance is made without granting any right of way, either by necessity or otherwise, over any remaining land or location of the grantor. 2. By acceptance of this deed and as part consideration thereof, the grantee hereby assumes any and all agreements, covenants, obligations and liabilities of the Boston and Maine Corporation or its successors with respect to any underground facilities, drainage culverts, walls or other structures of any nature and description located in whole or in part within the premises, including a coal storage shed. Nothing herein shall obligate the grantee to remove the coal shed, and conversely, nothing herein shall prohibit the grantee from removing the coal shed and/or the granite retaining wall. 3. By acceptance of this deed and as part consideration therefore, the grantee covenants and agrees to indemnify, defend and hold harmless Boston and Maine Corporation and its successors and assigns (including its officers, employees, agents, directors, shareholders and affiliates) from and against any and all loss, liability, damage, costs and expense (including reasonable attorneys fees) occasioned by or associated with any claims, suits and/or enforcement actions (including any administrative or judicial proceedings and any remedial, removal or response actions) ever asserted, threatened, instituted or requested by any person and/or governmental agency on account of (a) any release of oil or hazardous materials or substance of any description on, upon or into the premises in contravention of any ordinance, law or statute including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et. Seq.)); and (b) any and all damage to real or personal property, natural Page 4 of 8

5 resources and/or harm or injury to persons alleged to have resulted from such release of oil or hazardous materials or substances. 4. By acceptance of this deed and as part consideration therefore, the grantee hereby covenants and agrees to make no use of the premises which adversely affects, increases or decreases drainage to, from, upon or in any remaining land or location of the grantor. The grantee further covenants and agrees not to permit or allow, either directly or indirectly, any drainage to flow from the premises onto other land or location of the grantor (including, but not limited to, flowing drainage from the premises into or to existing drainage ditches or culverts located either in part or entirely upon remaining land and location of the grantor). Furthermore, the grantee covenants and agrees to indemnify and save the grantor harmless from and against any and all loss, cost, damage or expense including, but not limited to, the cost of defending any and all claims and/or suits for property damage, personal injury or death arising out of or in any way attributable to any breach of these covenants with respect to drainage. MEANING AND INTENDING to describe and convey the premises as conveyed under the Mortgages. HOMESTEAD RIGHTS DO NOT APPLY. As set forth in the published Legal Notice of Foreclosure Sale, a copy of which is included with the Affidavit appended hereto, this conveyance is subject to all unpaid taxes and other municipal assessments and liens therefor, and all other liens, easements, rights and encumbrances of any and every nature which have or may be entitled to precedence over the Mortgages. Executed this day of, MASCOMA SAVINGS BANK By Its, Duly Authorized Page 5 of 8

6 STATE OF NEW HAMPSHIRE COUNTY OF The foregoing instrument was acknowledged before me this 2016, by, duly authorized of Mascoma Savings Bank. day of, Notary Public My commission expires: Notary Seal or Stamp: AFFIDAVIT I,, in my capacity as duly-authorized of Mascoma Savings Bank ( Holder ), grantor in the foregoing foreclosure deed, being duly sworn, hereby state as follows: The obligation secured by the Mortgages referred to in the foregoing deed having not been paid when due, and after acceleration and demand by Holder, Holder caused to be published on June 22, 2016, June 29, 2016, and July 6, 2016 in the Union Leader, a newspaper published in the City of Manchester, County of Hillsborough, State of New Hampshire, having a general circulation within the county in which the foreclosed property is situated, the following notice: [PUBLICATION NOTICE TO BE INSERTED] Page 6 of 8

7 I further on oath say that Holder, through its counsel, caused to be sent a copy of the said notice on June 16, 2016 to the mortgagor and others listed below to their last known address, as follows: VIA CERTIFIED MAIL, RETURN RECEIPT: 1. Estate of Barbara J. O Brien and Barbara J. O Brien and Emerson H. O Brien as Trustees of the Barbara J. O Brien Revocable Trust of 1995, as amended c/o Dana B. O Brien, POA 60 Richardson Road Dublin, NH Estate of Barbara J. O Brien and Barbara J. O Brien and Emerson H. O Brien as Trustees of the Barbara J. O Brien Revocable Trust of 1995, as amended c/o Dana B. O Brien, POA P.O. Drawer E Keene, NH Estate of Barbara J. O Brien and Barbara J. O Brien and Emerson H. O Brien as Trustees of the Barbara J. O Brien Revocable Trust of 1995, as amended c/o Eleanor Wm. Dahar, Esq. Dahar Law Firm 20 Merrimack Street Manchester, NH Tax Collector City of Keene 3 Washington Street Keene, NH Informational Copies: 5. Amy Bassett, Deputy District Director NH District Office U.S. Small Business Administration 55 Pleasant Street, Suite 3101 Concord, NH Commercial Loan Service Center (CLSC) - AR U.S. Small Business Administration 2120 Riverfront Drive, Suite 100 Little Rock, AR Page 7 of 8

8 7. Andrew N. O Brien 85 Kendall Road Keene, NH I further on oath say that no service of a petition to enjoin the sale was served on Holder or its counsel. I further on oath say that to Holder s knowledge, no person in interest was at the time of the foreclosure sale or within nine months prior thereto in the military service as defined by the Servicemembers Civil Relief Act of I further on oath say that pursuant to said notices, Holder caused the mortgaged premises to be sold at public auction on for the sum of Dollars and No/Cents ($ ), said amount being the highest bid made at the auction. MASCOMA SAVINGS BANK By Its Duly Authorized STATE OF NEW HAMPSHIRE COUNTY OF Personally appeared the above-named of Mascoma Savings Bank, its duly authorized, and took oath that the statements in the foregoing affidavit are true, this day of, Notary Public My commission expires: Notary Seal or Stamp: Page 8 of 8