Legal Notice

Legals / Sep. 28, 2017 9:14am EDT


People’s United Bank, Successor in

Interest by Merger to Chittenden Trust

Company d/b/a Chittenden Bank,

Plaintiff v.

Robert A. Simpson; Tay R. Simpson;

Wells Fargo Financial Leasing, Inc.;

Vermont Agricultural Credit Corporation; and United States of America Acting through the Farm Service Agency;



Vermont Agricultural Credit Corporation,

Cross-Claim Plaintiff v.

Robert A. Simpson; Tay R. Simpson;

Wells Fargo Financial Leasing, Inc.; and United States Department of

Agriculture Farm Service Agency;

Cross-Claim Defendants; and Randolph National Bank; Vermont

Community Loan Fund, Inc.; Lawes Agricultural Service, Inc.; Vermont Housing and Conservation Board; Vermont Land Trust, Inc.; Vermont Department of Agriculture; Citibank (South Dakota) N.A.; and Vermont Department of Taxes;

Third-Party Defendants

Pursuant to a Judgment for Vermont Agricultural Credit Corporation, Decree of Foreclosure by Judicial Sale, and Replevin Order (“Decree”) entered by the Orange Unit of the Civil Division of Vermont Superior Court on November 9, 2016, and in accordance with a Power of Sale contained in a certain Mortgage Deed given by Robert A. Simpson and Tay R. Simpson (“Mortgagors”) to Vermont Agricultural Credit Corporation (“VACC”) and recorded in the Braintree Town Land Records in Book 46, Pages 550-558, and in the Randolph Town Land Records in Book 140, Pages 502-508,

Wright’s Auction Service (“Auctioneer”) will sell to the highest bidder at public sale certain land and premises located in Braintree and Randolph. The sale will be at 1 p.m., Friday, October 13, 2017, on the premises located at 1580 Peth Road, Braintree, Vermont 05060. Prior to the sale of real estate, a sale of farm equipment and machinery will be held on the premises commencing at 10 a.m., pursuant to Section 10 of the Decree.

The sale of real estate will include residential and farm real property (“Mortgaged Property”) owned by the Mortgagors, located in the Towns of Braintree and Randolph, consisting of approximately 878 acres and improvements, known in part as the Circle Saw Farm. The Mortgaged Property is more particularly described in Schedule A attached to the Mortgage Deed recorded in the Braintree Town Land Records in Book 46, Pages 550-558, and in the Randolph Town Land Records in Book 140, Pages 502-508.

At the sale, the Auctioneer shall sell the Mortgaged Property, as a whole or in parts, to the highest bidder or bidders, subject to property taxes and municipal assessments, if any; subject to the senior liens of Randolph National Bank and Wells Fargo Financial Leasing, Inc. on a certain 10.1 acre parcel as described the Decree; further subject to the right of the U.S. Farm Service Agency to redeem the same on or before one year from the date of the transfer of title to the purchaser at the public sale if its lien has not been discharged prior to or as a result of that sale; and further subject to the Vermont Land Trust’s rights described in Section 4 of the Decree. If VACC makes the highest bid, VACC shall be required to pay cash or certified funds only to the extent that its bid is in excess of the sums due VACC on its first priority mortgage lien. If Wells Fargo makes the highest bid, Wells Fargo shall be required to pay cash or certified funds in an amount sufficient to pay off VACC’s first priority mortgage lien and thereafter only to the extent that its bid is in excess of the sums due VACC on its first priority lien plus the sums due Wells Fargo on its second priority mortgage lien. In all other cases, the purchaser at the sale shall pay cash or certified funds to the person holding the sale. In any case, a deposit shall be paid at the time of sale of at least $50,000.00 in the form of cash, a bank treasurer’s check, or certified funds. VACC is authorized to require the purchaser to sign a Purchase and Sales Agreement. The Auctioneer or VACC shall retain all sale proceeds as custodian, to be disbursed in accordance with the final Confirmation Order of this Court promptly following confirmation. The Auctioneer may, for good cause, adjourn the sale for a period up to 30 days, until it is completed, by announcing a new sale date to those present. The sale may be adjourned for more than 30 days by agreement of the Mortgagors and Mortgagee or by Court Order.

The Mortgagors are entitled to redeem the premises 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 inquiries can be directed to the Auctioneer by calling (802) 334-6115.

Dated at Montpelier, Vermont this
1st day of September, 2017.
Attorneys for Mortgagee Vermont
Agricultural Credit Corporation
/s/ Stephen L. Cusick
By: Stephen L. Cusick, Esq.
140 Main Street
Montpelier, VT 05602
(802) 223-1000


Notice is hereby given that Wellington Property Management, 16 Hull Street, Randolph, Vt. 05060 will conduct sales of the contents located within the following storage spaces:

Name of Occupant: Charlotte Senecal, Storage Unit #22

Said sales will take place on Saturday, October 14th beginning at 8:00 am, at Wellington Property Management, 16 Hull Street, Randolph, Vt. 05060

Sale shall be by auction to the highest bidder. The contents of an entire storage unit will be sold as one lot. The winning bid must remove all the contents from the facility at no cost to Wellington Property Management on the day of auction.

Wellington Property Management reserves the right to reject any bid lower than the amount owed by the occupant or any bid that is not commercially reasonable as defined by statute. mn


Pursuant to the provisions of 24 VSA 4384 and 4444 of the Vermont Statutes, the Braintree Planning Commission will hold a public hearing October 26th at 7:00 PM, at the Braintree Town Office, to consider a proposed Town Plan. The Braintree Planning Commission is recommending two additions to the existing Town Plan, designed to comply with new State of Vermont statutes.

1. A section new required by 24 VSA Chapter 17, on Flood Resiliency affects properties that lie within Flood Hazard and River Corridor areas in the Town.

2. A recently enacted State Regulations require the Town to incorporate planning for Alternative Energy development.

The sections headings in the plan are: Introduction, Demographics, Economic Development, Housing, Education, Utilities and Facilities, Health and Emergency Services, Energy, Natural, Scenic and Cultural Resources, Recreation, Land Use, Transportation, Flood Resilience, Relationship to other Plans, and Implementation. A copy of proposed Town Plan can be reviewed on the Town’s website: or at the Braintree Town Office. Questions may be directed to Holly Jarvis, who may be reached by writing to her at the Town of Braintree, 932 Vermont Route 12A, Braintree VT 05060 or calling 802-728-9787. mm


State Of Vermont, Superior Court, Orange Unit, Probate Division, Docket No. 110-4-17 Oepr

In Re Estate Of Kerry G. Reynolds

Late of Randolph, Vermont

To All Interested Persons: James Reynolds and Heirs Both Known And Unknown

WHEREAS, the following petition has been made to the Probate Court for the District of Orange: Appointment of Scott A. McAllister, Esq. of the law firm Gale & McAllister PLLC as Administrator; and

WHEREAS, the Court has assigned the 12th day of October, 2017, at the Probate Court in the Town of Chelsea, Vermont, at 10:00 o’clock in the forenoon to hear and decide upon said petition, and ordered that notice thereof be given by publishing this notice for two days successively in The Herald, a newspaper circulating Randolph, Vermont. Service by publication to be complete at least 14 days prior to the day assigned for hearing;

THEREFORE, you are hereby notified to appear before said Court, at the time and place assigned, to make objections, if you have cause. This is the first action in this proceeding. If you wish to receive notice of future events in this matter you must formally enter your appearance with the Court.

Dated this 7th day of October, 2017.
Name of Newspaper: The Herald
First Publication Date: September
28, 2017
Hearing Date: October 12, 2017
/s/ Bernard M. Lewis, Judge

ACT 250 NOTICE MINOR APPLICATION #3R1044(Alt)-1 10 V.S.A. ยงยง 6001 – 6093

On September 8, 2017, Sprague Farms LLC, 1333 College Parkway #333, Gulf Breeze, FL 32563 and RE Tucker Inc, 1521 Bear Hill Rd, Randolph, VT 05060 filed application #3R1044(Alt)-1 for a project generally described as expanding the operating season to allow for sales of stockpiled material between October 15 and April 1 each year to meet off season demand when roads are suitable for travel. There will be no additional extraction, blasting or crushing between October 15 and April 1. Also the maximum number of daily truck trips will not change. The project is located Ridge Road in Randolph, Vermont. No hearing will be held and a permit will be issued unless, on or before October 18, 2017, a party notifies the District #3 Commission in writing at the address below of an issue requiring a hearing or the Commission sets the matter for hearing on its own motion. Such hearing request must include a petition for party status. The application and proposed permit may also be viewed on the Natural Resources Board’s web site (http://nrb. by clicking “Act 250 Database” and entering the project number #3R1044(Alt)-1. For more information contact Linda Matteson at the address or telephone number below.

Dated at Springfield, Vermont this 22nd day of September 2017.

BY: /s/ Linda Matteson, District
100 Mineral St., Ste 305
Springfield, VT 05156


Notice is hereby given that the undersigned will sell to satisfy lien of owner, at public sale by closed bidding on Thursday, October 19, 2017, 9 a.m., at Northeast Storage Center (AGN, Inc) facility located at Route 12, Randolph, Vermont behind the Green Mountain Flooring building, the personal goods stored therein by the following:

Unit # 26—Nicole M. Jerry

Purchases must be made with cash only and paid for at the time of the sale. All goods sold as is, where is and all items to be removed from unit at time of purchase. Sale is subject to adjournment. A $50 Deposit will be made and refunded after unit has ben emptied and broom cleaned. mn


Separate sealed BIDS for the construction of Armstrong Mobile Home Park Water and Sewer Improvements will be received by the Randolph Area Community Development Corporation office, Attn: Julie Iffland, 21 Main Street, P.O. Box 409, Randolph, VT 05060 until 4 p.m. October 20th, 2017, and then at said location publicly opened and read aloud.

This project is as follows: Armstrong Mobile Home Park consists of 16 mobile units and two apartment units in an existing house. The selected contractor will replace existing in-ground wastewater disposal systems with new septic tanks, gravity sewer, pretreatment systems and three mound disposal systems. Approximately 1,000 feet of new water main will be installed with service lines and shutoffs. A new water storage tank and standby chlorination system will also be installed.

Each BID must be accompanied by a certified check payable to the OWNER for five percent (5%) of the total amount of the BID. A BID BOND may be used in lieu of a certified check.

The CONTRACT DOCUMENTS may be examined at the following locations:

Randolph Area Community Development Corporation, 21 Main Street, Randolph, VT 05060.

DuBois & King, Inc.—Randolph Office, 28 North Main Street, Randolph, VT 05060.

Works In Progress, 20 Farrel Street, South Burlington, VT 05403-6112.

Repro Digitial, 450 Weaver Street, Winooski, VT 05404.


The Issuing Office for the Bidding Documents is: DuBois & King, Inc., 28 North Main Street, PO Box 339, Randolph, VT 05060, Contact: Dawn Conant at 802-728-3376, dconant@ Bidding Documents may be obtained via one of the following methods:

1. Via Download Electronic Copy: Download Bid Documents as a pdf at active for a non-refundable charge of $100.00.

Note: When purchasing download bid documents, the purchaser will receive an e-mail notification with a link to the downloadable plans and specifications. Depending on individual computer settings, the e-mail may go to the spam folder. Please check the spam folder and allow e-mails from

2. If Hard Copies are wanted: Please contact the Issuing Office Contact identified above to discuss the details of this method and to confirm cost.

The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Only Bid Documents obtained from DuBois & King, Inc. (Website or Issuing Office) shall be used for submitting a Bid. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.


Any change to the Bidding Documents during the bid period will be made via addenda and posted at www.dubois- active. The prospective Bidder is responsible for checking the web site as required to obtain any/all addenda that may be issued. The Issuing Office is NOT responsible for notifying prospective Bidders when addenda are posted. This responsibility lies with the prospective Bidder.

A Non-Mandatory pre-bid meeting is scheduled at the Armstrong Mobile Home Park, VT Route 66 Randolph Center, VT 05060 at 10 a.m. October 6th, 2017. All prospective bidders are encouraged to attend this meeting. mm


HSBC Bank USA National Association, As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004- Op1, Asset Backed Pass-Through Certificates

Plaintiff v.

Justin Ferro;

Emily Ferro;

Vermont Department of Taxes C/O Elizabeth Hannon, Esq.;

Occupants Residing At: 469 VT Route 110 Tunbridge, Vt 05077-9703


By virtue and in execution of the Power of Sale contained in a certain mortgage given by Justin Ferro and Emily Ferro to Option One Mortgage Corporation, dated February 11, 2004, and recorded in Book 69 at Page 33 of the Town of Tunbridge Land Records, of which mortgage the undersigned is the present holder by Assignment of Mortgage recorded in Book 94, Page 52, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 2 p.m. on October 26, 2017 at 469 Vt Route 110, Tunbridge, VT all and singular the premises described in said mortgage,

To Wit: Being all and the same lands and premises conveyed to Justin M. Ferro and Emily L. Ferro by Warranty Deed of John F. Rogers, Gary S. Rogers, Robert B. Rogers, Michael S. Rogers and David R. Rogers dated January 7, 1999 of record at Book 55, Page 438 of the Town of Turnbridge Land Records.

Being all and the same lands and premises conveyed to John F. Roger, Gary S. Rogers, Robert B. Rogers, Michael S. Rogers and David R. Rogers by Quit Claim Deed of Stanley Rogers and Anita B. Nichols dated April 29, 1988 of record at Book 43, Page 148 of said Land Records.

The description of the property contained in the mortgage shall control in the event of a typographical error in this publication.

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. Terms of Sale: $10,000.00 to be paid in cash or by certified check by the purchaser at the time of sale, with the balance due at closing. The sale is subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens, if any, which take precedence over the said mortgage above described.

The Mortgagor is entitled to redeem the premises 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 sale.

HSBC Bank USA, National Association, as Trustee for ACE Securities
Corp. Home Equity Loan Trust,
Series 2004-OP1, Asset Backed Pass-
Through Certificates,
Jennifer L. Maynard, Esq.

Shechtman Halperin Savage, LLP
1080 Main Street, Pawtucket, RI
Attorney for Plaintiff
Dated: September 26, 2017

Return to top