D. BROCK HORNBY, District Judge.
This matter came before the Court, Hornby, J., for a testimonial hearing on the plaintiff's Motion for Default Judgment on June 13, 2017. The plaintiff Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14ATT, was present and represented by John A. Doonan, Esq. The defendants Judy R. Chamberland and Ronald T. Chamberland, party-in-interest Bank of America N.A., s/b/m to Fleet National Bank, party-in-interest Verizon New England, Inc., and party-in-interest Central Maine Power Company did not appear. Seven (7) exhibits were admitted into evidence. Jessica Edwards testified.
All persons interested having been duly notified in accordance with the law, and after hearing, the plaintiff's Motion for Default Judgment is
1. If the defendants or their heirs or assigns pay Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14ATT (Wilmington Savings Fund), the amount adjudged due and owing ($263,105.89) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, Wilmington Savings Fund shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.
2. If the defendants or their heirs or assigns do not pay Wilmington Savings Fund the amount adjudged due and owing ($263,105.89) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Lewiston Property shall terminate, and Wilmington Savings Fund shall conduct a public sale of the Lewiston Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $263,105.89, after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324.
3. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk shall sign a certification after the appeal period has expired, certifying that the applicable period has expired without action or that the final judgment has been entered following appeal.
4. The amount due and owing is $263,105.89.
5. The priority of interests is as follows:
6. The Easement Deed to Verizon New England, Inc., and Central Maine Power Company, dated July 31, 2002, and recorded in the Androscoggin County Registry of Deeds in Book 5120, Page 317, survives the foreclosure and is not negated or affected by this Judgment.
7. The prejudgment interest rate is 5.74%,
8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
A certain lot or parcel of land situated on the northwest erfy aide of the Old Lisbon Road, but not contiguous thereto, in the City of Lewiston, County of Androscoggin, State of Maine, and being more particularly bounded and described as follows:
Beginning at a Point on the southerly sideline of the land, now or formerly, of Matthew and Frederieka J. Collins (Deed Reference: Book 2126, Page 221), at a point which is North sixty-one degrees fifty-nine minutes four seconds West (N 61° 59' 04" W), a distance of two hundred eighty-five (285') feet, from the northwesterly sideline of the Old Lisbon Road;
Thence, North sixty-one degrees fifty-nine minutes four seconds West (N 61° 59' 04"W), along the southerly line of land of said Collins (Deed Reference: Book 2126, Page 221), a distance of one hundred three (103') feet, to an angle point in said southerly line of land, now or formerly, of said Collins (Deed Reference: Book 2126, Page 221);
Thence, south sixty-one degrees fifty-one minutes seven seconds West (S 61° 51' 07" W). along the southerly line of land of said Collins (Deed Reference: Book 2126, Page 221), a distance of two hundred fifty-eight (258') feet, to a point on the northeasterly sideline of land, now or formerly, of Frank P. Corrao (Deed Reference: Book 1745, Page 292);
Thence, South forty-one degrees thirty-eight minutes forty-five seconds West (S 41° 38' 45" W), along the northeasterly sideline of land of add Corrao (Deed Reference: Book 1745, Page 292), a distance of forty-seven (47') feet, to a point;
Thence, in a southerly direction, at or near a stone wall, along the said northeasterly line of land of said Corrao (Deed Reference: Book 1745, Page 292), a distance of one hundred eighty-eight (188'+/-) feet, more or less, to a 3/8" iron pin. Said point lying South thirty-three degrees thirty-rune minutes forty-six seconds West (S 33° 39' 46" W), a distance of seventy-six and twenty-four hundredths (76.24') feet and South forty-eight degrees forty-four minutes twenty-three seconds West (S 48" 44' 23" W), a distance of one hundred eighty and seven hundredths (180.07') feet from the point of beginning;
Thence, North forty-eight degrees forty-four minutes twenty-three seconds East (N 48° 44' 23" E), along the remaining land, now or formerly, of Gerard A and Donna Chamberland (Deed Reference: Book 1914, Page 14), a distance of one hundred eighty and seven hundredths (180.07') feet, to a point;
Thence, North thirty-three degrees thirty-nine minutes forty-six seconds East (N 33° 39' 46" EX along the remaining land of said Chamberland (Deed Reference: Book 1914, Page 14), a distance of seventy-six and twenty-four hundredths (76.24') feet, to the Point of Beginning.
Containing .93 acres, more or less.
Meaning and intending to convey a portion of the premises described in a certain deed from the Estate of Alphondor Chamberiand to Gerard Chamberland, dated March 31,1986 and recorded at the Androscoggin County Registry of Deeds In Book 1914, Page 14.
The premises hereinabove described are conveyed subject to any easements and restrictions of record and together with the benefit of all rights, easements, privileges, and appurtenances belonging thereto.
Also conveying a thirty (30') foot wide right-of-way or easement over the existing paved driveway and an extension thereof, to the southeasterly lhie of the parcel described above for ingress and egress to be used in common with others for all purposes which a public or private road may be used including the right to maintain, repair and improve the said driveway and the installation, maintenance and replacement of utilities therein. Said thirty (30') foot wide right-of-way being more particularly described as follows:
Beginning at a Point on the northwesterly sideline of the said Old Lisbon Road at the easterly comer of land, now or formerly, of Gloria A PerreauH (Deed Reference: Book 3013, Page 234);
Thence, North thirty-seven degrees four minutes seventy-three seconds West (N 73° 04' 37" W), along the northeasterly line of land of said Perrault (Deed Reference: Book 3013, Page 234), to the northwesterly comer of land of said Perrault (Deed Reference: Book 3013, Page 234);
Thence, North fifty-six degrees fifty-rone minutes five seconds West (N 56° 59' 05 "W, through land of grantor one hundred thirty-four and six hundredths (134.06'+/-) feet, more or less, to a point which lies thirty (30') feet southeasterly as measured perpendicular to the last described course in the parcel above.
Thence, South thirty throe degrees thirty-nine minutca forty-nine seconds West (S 33° 39' 49" W), through land of grantor, a distance of twenty-one and sixty-six hundredths (21.66') feet, to a point;
Thence, South forty-eight degrees forty-four minutes twenty-throe seconds West (S 48° 44' 23" W), through land of said grantor fifty-seven and forty-eight hundredths (57.48') feet, to a point;
Thence, North forty-one degrees fifteen minutes thirty-seven seconds West (N 41° 15' 37" W), through land of said grantor, a distance of thirty (30') feet to a point on the southeasterly line of the above described parcel;
Thence, North forty-eight degrees forty-four minutas twenty-three seconds East (N 48° 44' 23" E), along the said southeasterly line of the above described pared, a distance of fifty-three and fifty-one hundredths (S3.51') feet, to a point;
Thence, North thirty-three degrees thirty-nine minutes fbrty-six seconds East (N 33° 39' 46" E), along the said last described course in the above described parcel, a distance of forty-seven and thirty-six hundredths (47.36') feet, to a point;
Thence, South fifty-six degrees fifty-nine minutes five seconds East (S 56" 59' 05" E), through land of said grantor, along aline which is parallel with and thirty (30') feet northeasterly of the second described course as described in this right-of-way, a distance of one hundred fifty-nine and forty-eight hundredths (159.48'4/-) feet, more or less, to a point;
Thence, South seventy-three degrees four minutes thirty-seven seconds East (S 73° 04' 37" EX through land of said grantor, along a line winch is parallel with and thirty (30') feet northeasterly of the first described course as described in this right-of-way, to the said northwesterly sideline of the Old Lisbon Road;
Thence, South nineteen degrees fifty-seven minutes eleven seconds West (S 19° 57' 11" W), along the said riorthwesterty sideline of the Old Lisbon Road, a distance of thirty and four hundredths (30.04'+/-) feet, more or less, to the Point of Beginning.
The source of title foe the property described in the above described thirty foot (30') right-of-way ia Warranty Deed — Joint Tenancy — Alphondor W. Chamberland to these Grantors — Gerard A. Chamberland and Donna M. Chamberland, dated September 8, 1970 duly recorded in said Androscoggin County Registry of Deeds, Book 1024, Page 306.
As a part of the consideration for receiving the above right-of-way the grantee, his successors and assigns hereby assume the obligation to pay one-half of any expense incurred for maintaining, servicing or repairing said right-of-way and for winter maintenance of same — plowing, snow removal, sanding, etc. This obligation is intended to run with the Land.
NOTES & CONDITIONS:
