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Notices
NOTICE OF DEFAULT AND FORECLOSURE SALE
Made this 5th day of June, 2018, by Trevor B. Reid, Foreclosure Commissioner, grantee for indexing purposes: WHEREAS, on April 24, 2012, Alfred E. Ailsworth (“Borrower”), as grantor, executed a certain deed of trust (the “Deed of Trust”) in favor of Towne Bank Mortgage, as beneficiary, and Greenlief & Moffet PLC, as trustee (all grantors for indexing purposes), which Deed of Trust was recorded in the Clerk’s Office of the Circuit Court of the County of Middlesex on May 4,2012, as Instrument Number 120000865, and which encumbers the Property defined below; WHEREAS, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the “Secretary”), pursuant to the National Housing Act, for the purpose of providing single-family housing; WHEREAS, the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded in the aforesaid Clerk’s office as Instrument No. 170501; WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust, in that (1) the Borrower died on January 3, 2018, and the Property is not the principal residence of any other borrower; (2) pursuant to the terms of the Deed of Trust and a Notice of Intent to Foreclose served on March 15, 2018, the Secretary accelerated the indebtedness secured by the Deed of Trust and required payment of the full outstanding balance thereof by April 14, 2018; and (3) payment has not been made as required; WHEREAS, the entire amount delinquent as of April 17,2018, is $441,913.07; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable; NOW, THEREFORE, pursuant to the powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 et seq. (the “Act”), by 24 C.F.R. part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded in the aforesaid Clerk’s Office on April 25, 2018, as Instrument Number 180001221, notice is hereby given that on July 18, 2018, at 11:00 a.m. local time, all real and personal property at or used in connection with the following described premises (the “Property”) will be sold at public auction to the highest bidder: ALL that certain piece or parcel of land, situate in Pinetop Magisterial District, Middlesex County, Virginia, fronting on the south side of State Route #3 as the same leads from Hartfield to Twiggs Ferry Bridge, near Stampers P.O., containing 46.81 acres, more or less, as shown on a plat of survey by Frank E. Miner, C.L.S., dated May 19, 1962, and revised October 6, 1963, recorded in the Clerk’s Office of Middlesex County, Virginia, in Trust Deed Book 38, page 263, reference to same being hereby made for a more particular description. Said property is bounded on the North by said State Route #3; on the East by the land of Macey W. White, et ux; on the West by the land of Clarence D. Jones and the land of Ruth Burford; on the Southwest by the land of Gerald L. Ballantyne, Jr., et ux, and the land of Ruth Henry, et al; and on the Southeast by the land of Gerald L. Ballantyne, Jr., et ux. BEING the same real estate conveyed to Alfred E. Ailsworth, by Deed and Deed of Assumption from Games V. Dozier and Almedia W. Dozier, his wife, and Hoyt E. Willaford and Florence G. Willaford, his wife, and The Bank of Middlesex, dated March 5, 1975, recorded March 13, 1975, in the Clerk’s Office of the Circuit Court in the County of Middlesex, Virginia, in Deed Book 103, page 365. The said Alfred E. Ailsworth, a/k/a Alfred E. Ailsworth, Sr. died testate on January 3, 2018 and by his Last Will and Testament dated December 30, 2009 and probated in Middlesex County, Virginia, as Will Instrument Number 180000010, he devised the property to the Trustees under the Alfred E. Ailsworth, Sr. Amended and Restated Trust Agreement. Commonly known as 1951 Twiggs Ferry Road, Hartfield, Virginia. The sale will be held at the front entrance of the Middlesex County Circuit Court, 73 Bowden Street, Saluda, Virginia 23149. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit in the form of a certified check or cashier’s check made out to the Secretary of Housing and Urban Development. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit must be presented before the bidding is closed. In any case, the amount of the required deposit will be $44,000.00, or ten percent (10%) of the Secretary’s bid, whichever is less. The deposit is nonrefundable. The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment, and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for fifteen- (15-) day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of Housing and Urban Development. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of sale as provided herein. HUD does not guarantee that the Property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than three (3) days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the Deed of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of Housing and Urban Development, before public auction of the Property is completed. The amount that must be paid if the Deed of Trust is to be reinstated prior to the scheduled sale is $441,913.07 as of April 17, 2018, plus interest at $66.47 per diem after that date, plus all other amounts that would be due under the Deed of Trust if payments thereunder had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. This is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Date: June 5, 2018 Trevor B. Reid (VSB #77233) Foreclosure Commissioner 6802 Paragon Place, Suite 300 Richmond, Virginia 23230-1655 Telephone: 804-261-7323 Facsimile: 804-627-0381 (6-21, 6-28, 7-5, 2018) NOTICE OF OYSTER GROUND APPLICATION James G. Meredith, (2018079), has applied for approximately 18.37 -+ acres of oyster planting ground in the Piankatank River situated in Middlesex County and described as follows: North By: Vacant East By: Meredith PF #21366 South By: Vacant West By: Vacant Lat/Long: N37-32.7141 W76-19.4689 Notes: May be some SAV present Send written comments or concerns to: Marine Resources Commission, Engineering/Surveying Dept., 2600 Washington Ave., 3rd Floor, Newport News, VA 23607. For more specific application location information call 757-247-2230. (6-14-2t) NOTICE OF OYSTER GROUND APPLICATION James G. Meredith, (2018080), has applied for approximately 6.79 -+ acres of oyster planting ground in the Piankatank River situated in Middlesex County and described as follows: North By: Vacant East By: Meredith PF #21366 South By: Vacant West By: Vacant Lat/Long: N37-32.7368 W76-19.2007 Notes: May be some SAV present Send written comments or concerns to: Marine Resources Commission, Engineering/Surveying Dept., 2600 Washington Ave., 3rd Floor, Newport News, VA 23607. For more specific application location information call 757-247-2230. (6-14-2t) NOTICE ABANDONED WATERCRAFT Notice is hereby given that the following watercraft has been abandoned for more than 60 days on the property of: Crown Marine, Inc., P.O. Box 394, Deltaville, VA 23043, 804-615-3357. Description of watercraft: Trojan 36 ft., 1982, White Coast Guard Documentation Number: 960367 Application for Watercraft Registration/Title will be made in accordance with Section 29.1-733.25 of the Code of Virginia if this watercraft is not claimed and removed within 30 days of first publication of this notice. Please contact the Virginia Department of Game and Inland Fisheries with questions. (6-7-3t) PUBLIC NOTICE Contents of the following unit will be sold at: Barber Self Storage 7962 General Puller Hwy. at Public Auction on Thursday, June 28, 2018 at 11:00 a.m. Unit: #240 TERMS: Cash or credit card, no checks. We reserve the right to cancel and refuse to sell. (6-21-1t) PUBLIC NOTICE Notice is hereby given that William Cawthorn has applied for a permit from the Marine Resources Commission to construct 85 linear feet of vinyl sheet pile bulkhead a maximum of two (2) feet channelward of an existing timber bulkhead at property on the Piankatank River at 2 Bland Point Road in Middlesex County. Send comments/inquiries within 15 days to: Marine Resources Commission, Habitat Management Division, 2600 Washington Avenue, 3rd Floor, Newport News, Virginia 23607. (6-21-1t) TRUSTEE’S SALE OF 411 BERRYVILLE SHORES DR DELTAVILLE, VA 23043 Pursuant to the terms of a certain Deed of Trust, in the original principal amount of $81,809.00, dated September 18, 1996, and recorded in the Clerk’s Office of the Circuit Court of Middlesex, Virginia (the “Clerk’s Office”), in Deed Book 259 at Page 651, default having been made in the payment of the note thereby secured, the undersigned Sole Acting Substitute Trustees, pursuant to the request of the holder of the Note thereby secured, will offer for sale at public auction outside of the Middlesex Circuit Court, located at 733 Bowden St., Saluda, VA 23149 on July 6, 2018 at 12:00 PM, the property briefly described as 411 BERRYVILLE SHORES DR, DELTAVILLE, VA 23043, and more particularly described in said Deed of Trust as follows: ALL that certain lot or parcel of land, with improvements thereon and appurtenances thereto pertaining, lying and being in Pinetop District, Middlesex County, Virginia and being known, numbered and designated as Lot 13, Block “B”, on a plat of a portion of Berryville Shores, made by J. K. Sinclair and W. H. Stiff, Surveyors and Engineers, dated January 13, 1949, a copy of which is duly recorded in the Clerk’s Office of Middlesex County, Virginia in Deed Book 62, page 258 and more particularly shown on a plat of survey by James K. Alvis, C.L.S., dated December 5, 1977, a copy of which is attached to the Deed next mentioned below, with improvements thereon. TERMS OF SALE: Cash. A ten percent (10%) bidder’s deposit in cash or certified check payable to the Trustee(s) shall be required of the successful bidder at the time of sale before the bidding will be closed; settlement must be made within twenty (20) days from the date of sale or property to be resold at cost of defaulting purchaser. All costs of conveyancing, examination of title, recording charges, etc. will be at cost of purchaser. Neither the Substitute Trustees, nor any other party guarantees or covenants to deliver, or in any way, to obtain possession of the premises for any third party purchaser. Additional terms may be announced at the time of sale. Sale will also be subject to additional terms contained in the Memorandum of Sale to be executed by the successful bidder upon purchase. Commonwealth Asset Services, LLC Sole Acting Substitute Trustees This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. FOR INFORMATION CONTACT: Commonwealth Asset Services, LLC 281 Independence Boulevard Pembroke One Building, 5th Floor Virginia Beach, VA 23462 http://www.sykesbourdon.com 757-965-5097 BETWEEN HOURS OF 9:00 A.M. and 11:00 A.M. ONLY Our Case No: CA17-190157-2 (6-21, 6-28, 2018) TRUSTEE’S SALE 3216 Water View Road Water View, Virginia 23180 (Tax Map No.: 13 1 5A) Default having been made in the terms of a certain Deed of Trust dated December 18, 2006, in the original principal amount of $144,637.00 and recorded in the Clerk’s Office of the Circuit Court of the County of Middlesex, Virginia as Instrument No. 070000029, and modified by a Loan Modification Agreement recorded September, 12, 2013, as Instrument No. 130001608, the undersigned Substitute Trustees will sell at public auction on July 3, 2018, at 2:15 p.m., in front of the building housing the Middlesex County Circuit Court, 73 Bowden Street, Saluda, VA 23149, the property containing 1.38 ac. of land, shown on a plat of survey dated June 29, 1993, a copy of which is recorded in the aforesaid Clerk’s Office in Plat Book 11, page 237. Sale is subject to all prior liens, easements, restrictions, covenants, and conditions, if any, of record, or other matters which would be disclosed by an accurate survey or inspection of the premises. TERMS: CASH. A deposit of $14,000.00 or 10% of the sale price, whichever is lower, will be required of the successful bidder at time of sale. Prior to the sale, interested bidders will be required to register with and must present a bid deposit which may be held during the sale by the trustee. The bid deposit must be certified funds and/or cash, but no more than $9,900.00 of cash will be accepted. The successful bidder’s deposit will be retained at the sale and applied to the sale price. If held by the trustee, all other bid deposits will be returned to the unsuccessful bidders. Settlement is to be made within 15 days. The successful bidder will be responsible for obtaining possession of the property, and for all costs and fees related to recording the Trustee’s Deed, including the grantors tax. The successful bidder will be required to execute a Memorandum of Trustee’s Sale, available for review on the Foreclosure Sales page of http://www.glasserlaw.com, outlining additional terms of sale and settlement. A Trustee’s Deed will be prepared by Trustee’s attorney at high bidder’s expense. This is a communication from a debt collector. Glasser and Glasser, P.L.C. on behalf of Atlantic Trustee Services, L.L.C. and/or Auction.com-VA, LLC Substitute Trustees Crown Center Building, Suite 600 580 East Main Street Norfolk, VA 23510 File No. 214846-01 Tel: 757-321-6465 between 10:00 a.m. & 12:00 noon only (6-14, 6-21, 2018) posted 06.21.2018Page 1 of 496 pages 1 2 3 > Last »Quick Links
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