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Estate of Herrmann v. Kane

Superior Court of Maine, Lincoln

April 12, 2016

ESTATE OF GEOFFREY J. HERRMANN, TANJA J. FAGAN, PERSONAL REPRESENTATIVE, Plaintiff,
v.
MARY LYNN KANE, Defendant.

          JUDGMENT OF FORECLOSURE AND SALE

         TITLE TO REAL ESTATE IS INVOLVED

         32 School Street, Boothbay Harbor, Lincoln County, Maine Book 2897, Page 183

         The names, addresses and counsel of all parties of record are:

         Plaintiff: Estate of Geoffrey J. Herrmann

         Attorney: Peter W. Drum, Attorney at Law P.O. Box 97 Damariscotta, Maine 04543

         Defendant: Mary Lynn Kane 32 School Street Boothbay Harbor, Maine 04538

         Attorney: None

         The real estate which is the subject of this action is described as follows:

         BEGINNING at an iron pipe set into concrete, with the letter "B" on the Westerly side of School Street, so-called, and also being the Northeast corner of land now or formerly of Frank Fuller Dunton; thence North 68 degrees 13 minutes 32 seconds West, a distance of 32.80 feet by last-named land to a reinforcing rod set into the earth; thence by the same bearing and by last-named land, a distance of 60.69 feet to a reinforcing rod set into the earth; thence North 68 degrees 15 minutes 23 seconds West, a distance of 89.32 feet by last named land to a % inch iron pipe set in concrete on the Easterly bound of Pear Street Cemetery, so-called; thence North 30 degrees 29 minutes 55 seconds East, a distance of 60.87 feet by last-named land to a reinforcing rod set into the earth at the Southwest corner of land now or formerly of Frank S. Lewis and Debra M. Lewis; thence South 68 degrees 13 minutes 01 seconds East, a distance of 173.95 feet by last-named land to a point on the Westerly bound of the said School Street that is North 68 degrees 13 minutes 01 seconds West, a distance of 2.78 feet from a 3A inch iron pipe buried 1 foot below grade and thence South 22 degrees 07 minutes 22 seconds West a distance of 60.09 feet by the Westerly bound of the said School Street to the point of beginning. This land parcel contains 0.25 acres, more or less.

         This matter came before the Court on Plaintiffs Motion for Summary Judgment. Pursuant to Rule 7(c), Plaintiffs Motion for Summary Judgment is granted. Based upon the pleadings and affidavits, the Court finds as follows:

1. That Defendant has breached the condition of Plaintiffs mortgage dated August 14, 2002, and recorded in the Lincoln County Registry of Deeds in Book 2897, Page 183, by failing to make payments on the promissory note secured by said mortgage.
2. As of January 6, 2016, the amount due under the terms of the Promissory Note and Mortgage is: $106, 724.17
Principal $106, 291.58
Accrued Interest $ ...

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