State Of Vermont Superior Court Chittenden Unit Civil Division Docket #23-Cv-01107 

SAFEGUARD MISTY REALTY GROUP LLC

Plaintiff

v.

CAROLINE EARLE, AS FIDUCIARY FOR

THE ESTATE OF LAWRENCE G. HELLER

OCCUPANTS residing at 9 Bluestar Lane, South Burlington, VT 05403

Defendants

NOTICE OF SALE

According to the terms and conditions of the Stipulated Judgment and Decree of Foreclosure by Judicial Sale (the "Order") in the matter of Safety Misty Realty Group LLC V. CAROLINE EARLE, AS FIDUCIARY FOR THE ESTATE OF LAWRENCE G. HELLER Vermont Superior Court, Civil Division, Chittenden Unit, foreclosing one mortgage given by Safeguard Misty Realty Group LLC, to Lawrence G. Heller, dated January 22, 2009 and recorded in Book 833, Page 332-334 of the City of South Burlington Land Records, and assigned to Safeguard Misty Realty Group, LLC, by assignment of mortgage dated February 22, 2022 and recorded on March 28, 2022 at Volume 1651, Page 1 of the City of South Burlington Land Records, respectively, the real estate with an address of 9 Bluestar Lane, South Burlington, VT 05403 will be sold at public auction at 11:00 a.m. on November 15, 2023 at the location of the Property.

Property Description. The Property to be sold is all and the same land and premises descripted in the mortgage, and further described as follows:

Being all the same lands and premises conveyed to Lawrence G. Heller by Quitclaim Deed of Nancy G. Heller dated January 5, 1995 and recorded in Volume 379 at Page 27 of the City of South Burlington Land Records.

Being all the same lands and premises conveyed to Lawrence G. Heller and Nancy G. Heller by Quitclaim Deed of Lawrence G. Heller and Nancy G. Heller dated April 26, 1989 and recorded in Volume 278 at Page 284 of the City of South Burlington Land Records.

Being all the same lands and premises conveyed to Lawrence G Heller and Nancy G. Heller by Warranty Deed of Homestead Design, Inc. Dated April 25, 1989 and recorded in volume 278 at page 210 of the City of South Burlington Land Records.

Being a parcel of land containing .22 acres, more or less, with dwelling and all improvements thereon, located on the southerly side of Blue Star Lane, so-called, in the City of South Burlington, said parcel of land depicted as lot no. 61 on a plan entitled "The Village at Dorret Park, plat of subdivision of lands of Southcott Partnership, South Burlington. Vermont" dated August 1986 prepared by Fitzpatrick-Llewellys Incorporated and recorded in map volume 252, pgs.77-78 of the South Burlington City Land Records, and more particularly described thereon as follows: beginning at a point in the southerly side of Blue Star Lane right-of-way, said point being the northeasterly corner of said lot no. 61 and the northwesterly corner of lot no. 62 as shown on the aforementioned plan; thence proceeding S 03° 58'48" E for a distance of 133.53 feet, more or less, to a point marked by an iron pin; thence turning to the right and proceeding S 84°07" W for a distance of 73.03 feet, more or less, to a point marked by an iron pin set in the easterly side of Irish Lane right-of-way; thence turning to the right and proceeding N 03°58'48" W in and along the easterly side line of said Irish Lane right-of-way for a distance of 120.72 feet, more or less to a point marked by a concrete monument; thence turning to the right and proceeding in a generally northeasterly direction along a curve having a delta of 90°00'00" at a radius of 15.00 feet, more or less, for a distance of 23.56 feet, more or less, to a concrete monument; thence proceeding S 86°01'12" E in and along the southerly side line of Blue Star Lane right-of· way for a distance of 58.00 feet, more or less, to the point or place of beginning.

Included herein is the right of use for ingress and egress, in common with others, the roadway shown and depicted on the above-referenced plan, together with an easement over the roadway extending from Dorset Street to the roadways shown on the above-referenced plan, provided, however that such right of way shall terminate at the time said roadways are accepted as public streets by the city of South Burlington.

Terms of Sale. The Property shall be sold "AS IS, WHERE IS", to the highest bidder for cash or wire funds only. The sale of the property is subject to confirmation by the Vermont Superior Court, Civil Division, Chittenden Unit. The Property is sold subject to unpaid taxes, municipal assessments, and superior liens, if any.

The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale.

Mortgage Property Deposit. $5,000.00 to be paid by certified check by the purchaser at the time of auction, with the balance due at closing. The balance of the purchase price for the Property shall be due and payable within the latter of 10 days from the date of confirmation of said sale by the Vermont Superior Court, Civil Division, Chittenden Unit, or 45 days from the date of public auction. If the balance of the purchase price is not paid within the period set forth herein, the deposit shall be forfeited and shall be retained by the Plaintiff herein as agreed liquidation damages and the Property may be offered to the next highest bidder still interested in the Property.

The mortgagor is entitled to redeem the Property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.

Other terms to be announced at the sale or inquire at Korde & Associates, P.C. at (802) 393-4184.

Dated: October 10, 2023

/s/Daniel Young, Esq.

Attorney for Plaintiff