NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE AND SECURED PARTY SALE
Property located at and about
569 Hammond Street and 25 Thirteenth Street, in Bangor, County of Penobscot, and State of Maine
Mortgage, Security Agreement, Lease Assignment and Financing Statement recorded in the
Penobscot County Registry of Deeds at Book 14242, Page 257
By virtue of and in execution of the Power of Sale, and specifically the Statutory Power of Sale set forth in Titles 14 and 33 of the Maine Revised Statutes, contained in a certain Mortgage, Security Agreement, Lease Assignment and Financing Statement given by HARTSTONE REALTY, LLC, and HARTSTONE PROPERTIES, LLC, each being a Maine limited liability company (collectively, the "Mortgagors'), to CP LENDING LLC, a Maine limited liability company (the "Mortgagee"), dated on or around August 11, 2016 and recorded in the Penobscot County Registry of Deeds in Book 14242, Page 257 (herein the "Mortgage"), of which Mortgage, and the obligations secured by the same, CP LENDING LLC is the present owner and holder, for breach of the condition of said Mortgage, and for the purpose of foreclosing the same, there will be sold at a Public Sale to be conducted at 11:00 A.M., on July 27, 2018, at the offices of Rudman & Winchell, LLC located at 84 Harlow Street, 4th Floor, Bangor, Maine, property consisting of land, improvements located at and about 569 Hammond Street and 25 Thirteenth Street, in Bangor, County of Penobscot and State of Maine, and personal property, being all and singular the premises and personal property described in the Mortgage, to wit:
1. The property (the "Land") described in Exhibits A-1 and A-3 to the Mortgage as that Mortgage is recorded in the Penobscot County Registry of Deeds at Book 14242, Page 25.
2. Also including in said Land, all other real property described in the paragraphs labeled (a), (b), (c), (d), (e), (f) , (g), or (h) on pages 1, 2 and 3 of the Mortgage as that Mortgage is recorded in the Penobscot County Registry of Deeds at Book 14242, Page 25.
3. Also to be sold at said Public Sale, pursuant to the provisions of 11 MRSA §§ 9-1604(1)(b) and 9-1604(2)(b), shall be the interests of the said Mortgagors in or to personal property and fixtures (the "Collateral") described in the paragraphs labeled (a), (b), (c), (d), (e), (f) , (g), or (h) on pages 1, 2 and 3 of the Mortgage, as that Mortgage is recorded in the Penobscot County Registry of Deeds at Book 14242, Page 25.
4. Also to be sold at said Public Sale: (a) all proceeds, products, substitutions and accessions of or to the Land or the Collateral of every type; and (b) all judgments, awards of damages and settlements hereafter made as a result or in lieu of any taking of the Land or the Collateral, or any interest therein or part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Land or the Collateral, or the improvements thereon or any part thereof, including any award for change of grade of streets.
The Land is to be conveyed with the benefit of and subject to the following:
1. Any facts, rights, interests, or claims as shown by public records.
2. Any facts, rights, interests, or claims that are not shown by public records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land whether or not shown by the public records.
4. Easements, liens or encumbrances, or claims thereof, not shown by the public records, but which take priority over the Mortgage or to which the Mortgage is otherwise subject.
5. Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on the Land or by the public records.
6. Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
7. Title to and rights of the public and others entitled thereto in and to those portions of the Land lying within the bounds of adjacent streets, roads, and ways including, but not limited to, Hammond Street and Thirteenth Street in Bangor, Maine.
8. The exact acreage or square footage of the Land.
9. Zoning and land use regulations affecting the Land.
10. Any right of parties or tenants in possession of the Land, if any such persons or rights exist.
Excluding, however, from the Public Sale any cash or cash equivalents which the Mortgagee has applied or intends to apply to payment of the obligations secured by the Mortgage.
TERMS OF SALE: The sale will be conducted as a public sale, with bids being made orally. Prior to commencement of the bidding, prospective bidders must register and submit a deposit of $10,000.00 in bank check payable to Jensen Baird Gardner & Henry Real Estate Escrow Account. The deposit amount must be increased to an amount equal 10% of the purchase price within 7 calendar days of the public sale. The Mortgagee reserves the right to sell the Property and/or the Collateral in one lot, or in more than one lot. The Property and the Collateral will be sold to the highest bidder, or to the highest bidders for each lot if the bidding for each lot results in combined bids for all lots which exceed any bid made for the Property and the Collateral in a single lot. All of the Property and the Collateral will be sold "as is", "where is" with no warranties expressed or implied, including, but not limited to, any warranties of merchantability or of fitness for a particular purpose. The deposits of unsuccessful bidders, as well as the amount by which the bid of a successful bidder is less than that bidder's $10,000.00 deposit, will be returned immediately after the conclusion of the sale. Immediately upon the close of bidding, the successful bidder or bidders will each sign a purchase and sale agreement with the Mortgagee, which will require payment of any required increase in a deposit amount within 7 calendar days and payment of the balance of the purchase price by wire transfer within 21 days after the date of the public sale. The Mortgagee will convey the Property to the successful bidder by quitclaim (release) deed without covenant, and the Collateral by a bill of sale without warranties of title or otherwise, within such 21 day period. The Mortgagee reserves the right to bid, the right to withdraw all or any part of the Property or of the Collateral from the sale, the right to modify these terms, and the right to announce additional terms at the time of the public sale.
Additional information regarding the sale may be obtained by contacting the attorney the Mortgagee: F. Bruce Sleeper, Esq., Jensen Baird Gardner & Henry, 10 Free Street, P.O. Box 4510, Portland, Maine 04112-4510, (207) 775-7271.
CP Lending LLC
By: /s/F. Bruce Sleeper
F. Bruce Sleeper
Its duly authorized attorney
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