Pursuant to 14 M.R.S. § 6203-A et seq. and 11 M.R.S. § 9-1604(1)(b)
May 4, 2018 at 11:00 a.m.
Real Property, Improvements, and Personal Property Located at or near
Main Street, Howards Way, and Frost Street, Lincoln, Maine 04557
By virtue of and in execution of the Power of Sale contained in a certain Mortgage given by Haskell Lumber, Inc. (the "Borrower") to Farm Credit of Maine, ACA (the "Mortgagee"), dated January 6, 2010 and recorded in the Penobscot County Registry of Deeds (the "Registry") in Book 12024, Page 301, as amended by Amendment to Mortgage dated September 28, 2010 and recorded in the Registry in Book 12268, Page 251 (the "Mortgage"), for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, there will be sold at public sale at 11:00 a.m. on the 4th day of May, 2018, at 431 Main Street in Lincoln, Maine, certain real property that is a portion of premises described in the Mortgage, together with all buildings and improvements located thereon (the "Real Property"), as well as some or all the personal property located at the Real Property and described in that certain financing statement recorded in the Registry in Book 12024, Page 342, as continued by that certain financing statement recorded in the Registry in Book 13721, Page 220 and Secretary of State, UCC Initial Financing Statement 2100002003189 filed January 8, 2010, as continued and amended thereafter (the "Personal Property," and together with the Real Property, the "Property"). For the avoidance of doubt, pursuant to paragraph 18 of the Mortgage, the Mortgagee is not foreclosing the Mortgage as to any real property not described below.
REAL PROPERTY DESCRIBED IN THE MORTGAGE THAT IS THE SUBJECT OF THIS SALE: The following described property located in the Town of Lincoln in the County of Penobscot, State of Maine, with the buildings and other structures thereon, is the subject of this sale, and the legal descriptions thereto are set forth in the Mortgage (a copy of which is available from the undersigned counsel for the Mortgagee), the afore-mentioned amendment thereto (which includes a scrivener's error that has been noted and corrected below):
PARCEL ONE
Town of Lincoln Tax Map 158, Lot 046, located on or near Frost and Main Street, Lincoln, Maine, said parcel being described as follows:
A certain lot or parcel of land together with the improvements thereon situated southerly of Frost Street, on the easterly side of Route Two or the Military Road., northerly of and including the entire stream bed of Cambolasse Stream and westerly the land of Robert McCaw and Lot 5 Range 2 of the lotting of River Twp #3 in the Town of Lincoln, County of Penobscot, State of Maine, and more particularly described as follows:
Parcel One: Beginning at a point in the east side of Route Two, Main St. or the Military Road and on the south shore of Cambolasse Stream at or nearly perpendicular to Centerline Station 102+86 from a Maine State Highway Commission Right of Way Map, SHC File NO. 10-65 sheet 3 of 12 dated June 1948 and recorded in Plan Book 17, Page 50 of the Penobscot County Registry of Deeds, thence northeasterly along Route Two crossing Cambolasse stream and the Mill Race Brook four hundred ninety (490') feet more or less to a land of Douglas E. Shorey as described in a deed recorded in Book 4940, Page 126, thence in a southeasterly direction along the land of Shorey one hundred eighty (180'), feet more or less to the land of Lee Haskell as described in a deed recorded in Book 3602, Page 342; thence southwesterly along the westerly boundary of said land described in Book 3602, Page 342 for fifty (50') feet more or less to southwesterly corner thereof (Note: this last call was erroneously omitted from the description in the Amendment recorded in Book 12268, Page 251); thence in a southeasterly direction along the land of Lee Haskell one hundred (100') feet; thence continuing on the same course fifty (50') feet for a lot addition to be conveyed to Lee Haskell; Thence in a northeasterly direction and parallel with Route Two along the lot addition of Lee Haskell Two hundred sixty (260') feet more or less to the land of Vernard Leavitt; thence southeasterly along the land of Leavitt twenty five (25') feet more or less to the land of Virginia Haskell as described in a deed recorded in Book 11508, Page 127; thence in a southeasterly direction parallel with Frost Street along the land of Virginia Haskell one hundred five (105') feet to the land of Robert Haskell; thence southerly along the land of Robert Haskell fifty-seven (57') feet more or less; thence in a southeasterly direction parallel with Frost Street along the land of Robert Haskell as described the deeds recorded in Book 1353, Page 202 and Book 1877, Page 396 one hundred thirty-three (133') feet more or less to the westerly side on the land of Haskell Lumber's entrance roadway; thence in a northeasterly direction along the land of Robert Haskell as described the deed recorded in Book 1877, Page 396 two hundred fourteen (214') feet more or less to Frost Street; Thence in a southeasterly direction along Frost Street Thirty (30') feet and being the Haskell Lumber Inc. entrance roadway from Frost Street to the land of Robert Haskell as described in a deed recorded in Book 1776, Page 122; thence in s southwesterly direction along the land of Robert Haskell as described in a deed recorded in Book 1745, Page 333 one hundred ninety-eight (198') feet; thence in a southeasterly direction parallel with Frost Street along the land of Robert Haskell three hundred twenty-seven (327') feet more or less; thence continuing in the same direction along the land of Haskell Lumber Company as described in a deed recorded in Book 2378, Page 25 ninety-nine (99') feet; thence continuing in the same direction along the land of Robert Haskell as described in a deed recorded in Book 2378, Page 23 two hundred fifty-one (251') feet more or less; thence in a northeasterly direction along the land of Robert Haskell sixty-six (66') feet more or less to the land of Calvin Nason, Jr. as described in a deed recorded in Book 10145, Page 217; thence in a southeasterly direction parallel with Frost Street three hundred thirty (330') feet; thence in a northeasterly direction along the land of Calvin Nason Jr. one hundred thirty-two (132') feet more or less to Frost Street; thence in a southeasterly direction along Frost Street one thousand fifty (1050') feet more or less to the land of Donald Whitley as described in a deed recorded in Book 9535, Page 41; thence in a southwesterly direction along the land of Whitley one hundred ninety (190') feet more or less; Thence is a southeasterly direction generally parallel with Frost Street along the land of Whitley as described in a deeds recorded in Book 9535, Page 41 and Book 509, Page 61 three hundred twenty (320) feet more or less; thence continuing in a southeasterly direction along the land of Valerie Gifford as described in a deed recorded in Book 8169, Page 46 one hundred thirty (130') feet more or less to the land of Daniel Johnston as described in a deed recorded in Book 3847, Page 117; thence continuing is a southeasterly direction and generally parallel with Frost Street along the land of Johnston two hundred thirty-five (235') feet more or less to the land of Gordon Warren as described in a deed recorded in Book 9273, Page 338; thence continuing in a southeasterly direction along the land of Warren one hundred sixteen (116') feet more or less to the land of James Rice as described in a deed recorded in Book 11528, Page 15; thence continuing in a southeasterly direction along the land of Rice one hundred sixteen (116') feet more or less to the land of Ronald Priest as described in a deed recorded in Book 2521 Page 10; thence in a southwesterly direction generally perpendicular to Frost Street along the land of Priest eight (8') feet more or less to the corner of the land of Priest; thence in a southeasterly direction and generally parallel with Frost Street and along the land of Priest two hundred twenty-three (223') feet more or less to west line of the land of Robert McGaw in Lot 5 range 2 and described in a deed recorded in 5773, Page 231; Thence in a southwesterly direction along the land of McGaw Three hundred seventy-five (375') feet more or less to the thread of Cambolasse Stream; Thence continuing in a southwesterly direction to the south shore of Cambolasse Stream; Thence in a westerly direction along the south shore of the stream, the mill pond and the stream again forty-four hundred twenty-five (4425') feet more or less to the Point of beginning on the east side of Route Two.
Intending to include Parcels Five and Seven as described in the original Mortgage dated September 28, 2010 and recorded in the Registry in Book 12268, Page 251.
Parcel Two:
Town of Lincoln Tax Map 157, Lot 13, located at 10 Howards Way, Lincoln, Maine, said parcel being Parcel Two as described in the Mortgage ("Parcel Two").
The following described real estate situated in Lincoln, County of Penobscot, State of Maine, bounded and described as follows:
A certain lot or parcel of land, situated, lying and being in the said Town of Lincoln and described as follows: Commencing at the northeast corner of land owned by Althea Scott and on the southerly side of the road leading to the Ferry (Lincoln Center Ferry) from the Main Road or Military Road; thence easterly twenty-five feet to the northwest corner of land owned or occupied by Howard L. Annis; thence southerly along the westerly line of said Annis to land owned by said Althea Scott; thence westerly along land of said Althea Scott twenty-five feet to land owned by Althea Scott; thence northerly along land owned by Althea Scott to the point of beginning.
Also a certain other parcel of land, with the building thereon, situate in Lincoln Center, Village, in the Town of Lincoln, County of Penobscot, State of Maine, bounded and described as follows: Beginning at the northerly corner of the lot formerly known as the Croxford store lot; thence southwesterly by said Croxford lot to the Asa Smith lot formerly so-called; thence northwesterly by said Smith lot to the easterly line of the European & North American Railway; thence northeasterly by said railway line to the Lincoln Center Ferry Road; thence southeasterly by said Ferry Road to the corner begun at.
Also, a certain other parcel of land in Lincoln Center Village, in said Lincoln, being the second described parcel of land in a deed of Wm H. Chesley to Gates and Butterfield, dated August 4, 1873, recorded in Book 434, Page 353, known as the Asa Smith Lot.
Excepting and reserving however, that parcel of land described in a deed from Althea E. Scott to Howard L. Annis dated July 1, 1936 and recorded in the Book 1123, Page 106, which said parcel of land was not excepted in the deed from Althea E. Scott to Emma C. Ludden and Frank V. Ludden, recorded April 3, 1944 in said Registry in Book 1203, Page 342.
For source of title to Parcel Two see the deed from Addison H. Furrow, Jr., to Haskell Lumber Inc., dated November 18, 1997 and recorded in Book 6879, Page 269 of the Penobscot County Registry of Deeds.
Parcels Three and Four:
Town of Lincoln Tax Map 157, a portion of Lot 10, located at 440 Main Street, Lincoln, Maine, said property being Parcels Three and Four as described in the Mortgage ("Parcel Three" and "Parcel Four").
Parcel Three:
Tract (A): A certain lot or parcel of land situated in Lincoln Center on the northwesterly side of the Military Road bounded and described as follows: Commencing at a point by the northwest side of the Military Road (which point is determined by marking off 20 feet from the southwest side of the house already built and owned by said Dudley on the land now described, said 20 feet being marked off in a southwesterly direction and perpendicular to the southwest wall of said house from which point a line was run parallel to said house and to the Military Road and thus and at this point is determined the point of commencement); thence in a northwesterly direction along parallel line just mentioned 65 feet more or less, to a wooden stake in the ground; thence in a northeasterly direction 60 feet more or less to the southwesterly side of the River Road, this line running parallel with the northwesterly basement wall of the Dudley house and being thirty-five feet in a perpendicular line therefrom; thence in a southeasterly direction along the side of the River Road 60 feet more or less to the Military Road; thence southwesterly along the Military Road fifty feet more or less to the point of commencement. Further granting to the grantee herein the right to enter on my land adjacent that hereby conveyed for the purpose of repairing and maintain sewer connections with the sewer pipe on my land and repairing and maintaining connections with the water pipe to my well and granting him the right forever to use water from my well for his domestic use.
Tract (B): A certain lot or parcel of land situated in Lincoln Center on the northwesterly side of the Military Road bounded and described as follows: Commencing at a point on the northwest side of the Military Road said point being the southeast corner of a lot of land sold by me to the grantee herein by my deed dated January 10, 1948; thence along the line of the Military Road in a southwesterly direction a distance of fourteen and one-half (14 ½) feet to an Elm Tree; thence in a northwesterly direction parallel with the southwesterly line of lot sold by me to the grantee herein by deed just referred to a distance of sixty-five (65) feet, more or less, to a point; thence in a northeasterly direction to the southwest corner of the lot sold by me to the grantee herein by deed just referred to; thence along the southwesterly line of said lot sold by me to the grantee herein by deed just referred to, to the point of commencement.
For source of title to Parcel Three see the deed from Howard MacGregor to Haskell Lumber, Inc. dated October 20, 1976 and recorded in Book 2694, Page 190 of the Penobscot County Registry of Deeds.
SUBJECT TO the following:
1. Sewer easement as set forth in deed from Fred A. Crocker to Ralph E. Dudley, dated January 10, 1948 and recorded in Book 1286, Page 328.
2. Rights reserved in deed from Fred A. Crocker to Ralph E. Dudley, dated June 5, 1948 and recorded in Book 1287, Page 241.
3. Rights and easements granted to Bangor Hydro-Electric Company in an instrument dated March 19, 1998 and recorded in the Penobscot County Registry of Deeds in Book 6653, Page 98.
Parcel Four:
A certain lot or parcel of land, together with the buildings thereon, situated in said Lincoln, bounded and described as follows: Beginning at a pin set in the ground on the northwesterly side of the Military Road at the Southwest corner of property formerly of Lloyd W. Kneeland and now or formerly owned by Sarah M. Kneeland; thence along the southwest line of said Kneeland property north fifty-two degrees (52°) twenty-two (22') minutes west, two hundred nineteen (219") feet to a stake set in the ground at Combollase Stream on the southeast side of the Maine Central Railroad right of way; thence on and along said Combollase Stream in a southwesterly and south course to the center of the bridge located on the northwest side of said Military Road; thence on and along the northwest side of said Military Road north thirty-seven (37°) degrees thirty-eight (38') minutes east, two hundred sixty-three and five tenths (263.5') feet to the point of beginning.
Excepting from the above described premises a certain lot or parcel of land described in deed from Haskell Lumber, Co., Inc. to Lincoln Sanitary District, dated January 30, 1980 and recorded in Book 3058, Page 260. Excepting from the above described premises a certain lot or parcel of land described in deed from Haskell Lumber, Co., Inc. to Lincoln Sanitary District, dated January 30, 1980 and recorded in Book 3058, Page 302.
For source of title to Parcel Four see (i) the deed from Howard L. Annis to Haskell Lumber, Inc. dated 1969 and recorded in Book 2158, Page 150 of the Penobscot County Registry of Deeds; and (ii) corrective deed dated April 20, 1973 and recorded in Book 2368, Page 269.
Together with and subject to all rights and easements as set forth in the legal descriptions of the Real Property attached to the Mortgage. Subject to rights and easements granted to Bangor Hydro-Electric Company as recorded in the Registry in Book 12112, Page 289 and to slope rights and easements taken by State of Maine Department of Transportation as recorded in the Registry in Book 12392, Page 205.
TERMS OF SALE: The Property is being sold in the above-referenced parcels or lot on an "AS IS, WHERE IS" basis, without any warranties, express or implied, as to the condition of the Property or the status of title thereto and all warranties are expressly disclaimed. The Mortgagee specifically and without limitation makes no representations or warranties with respect to the accuracy of any boundary description or amount of acreage or location of improvements, above or below ground, environmental compliance or compliance with any applicable zoning or land use regulations, laws or ordinances, or any other matters set forth in the description of the Real Property or the status of title thereto, or fitness for a particular purpose, or as to merchantability, habitability, the condition of the premises or any other matters with respect thereto or the assignability of any contracts, licenses, permits or approvals. The Property shall be sold subject to all rights, restrictions, easements, encumbrances, improvements, outstanding tax titles or tax authority redemption rights, municipal or other public taxes, assessments, liens or claims in the nature of liens and existing encumbrances of record created prior to, or after, the Mortgage referenced herein, and rights of any parties in possession. A list of matters which the Property will be sold subject to will be stated at the sale, will be included in the purchase and sale agreement to be signed by the successful bidder (described below) and may be obtained in advance of the sale date by contacting the Auctioneer whose contact information is set forth below. Each of the above-referenced parcels or lot of the Property will be offered for sale to the highest bidder in either individual parcels, or, together. Such bidder will be unconditionally obligated to purchase the Property within thirty (30) days of the date of public sale on the terms set forth below. Any person or entity intending to bid at the sale, except the Mortgagee, must deposit with Gregg Auctions (the "Auctioneer") prior to the sale, $5,000.00 U.S. funds in cash, or certified check approved by the Auctioneer in advance (checks to be made payable to Gregg Auctions) as a qualification to bid on all aforementioned parcels. No bid will be accepted if the bidder has not deposited the required amount in the required form, except this requirement shall not apply to the Mortgagee. Within five (5) days of the sale, the successful bidder shall be required to increase the deposit to ten (10) percent of the bid amount.
The deposit of any unsuccessful bidder will be refunded by the Auctioneer upon completion of the public sale. The deposit of the successful bidder (including the increased deposit required in the preceding paragraph) will be retained by the Auctioneer as a non-refundable, non-interest bearing down payment that will be applied to payment of the purchase price. The bidder to whom one or more Parcel/lot or the Property is sold must at the time and place of sale sign a Purchase and Sale Agreement with the Mortgagee (the "Agreement"), which shall provide, among other things, and without limitation, that a closing of the sale shall be held within thirty (30) of the public sale, at which closing the remaining balance of the purchase price will be due in cash or certified funds and the Mortgagee will deliver a duly executed Quitclaim Deed Without Covenant. In the event that the highest bidder fails to close pursuant to the Agreement, the Property may be sold to the next highest bidder, or readvertised for sale, at the sole discretion of the Mortgagee. The Mortgagee expressly reserves the right to modify or waive the terms of sale set forth above and to add additional terms as it so wishes, including, but not limited to, postponing or canceling the sale. Other terms and conditions of sale, including any modification, waivers or additions will be announced at the time of sale. Counsel for the Mortgagee for purposes hereof is Jeremy R. Fischer, Esq., Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101. Telephone: (207) 772-1941. This sale is to be conducted by Gregg Auctions, 830 Mapleton Road, Mapleton, ME 04757. Tel. # 207-764-3942. A copy of the Agreement may be obtained from the Auctioneer. By submitting a bid, the bidder acknowledges and agrees to be bound by the terms hereof.
Dated: April 12, 2018
FARM CREDIT OF MAINE, ACA
By: /s/ Jeremy R. Fischer, Esq., Its Attorney
April 13, 20, 27, 2018
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