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NOTICE OF SUBSTITUTE TRUSTEES’ SALE
1134 Timberneck Rd.
Deltaville, Virginia 23043 Middlesex County, Virginia
TAX MAP NOS.: 41-114
and 41-114A
In execution of that certain deed of trust dated October 29, 2008 and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (“Clerk’s Office”), as Instrument No. 090000189 (“Deed of Trust”), to James H. Ward, Jr., as trustees, for whom Andrew G. Bury, Jr. and David A. Bury were substituted as substitute trustees by a substitution of trustees made as of November 7, 2017 and recorded in the Clerk’s Office as Instrument No. 170001760 (collectively, the “Substitute Trustees”), default having occurred in the payment of the debt secured by the Deed of Trust and at the request of the owner and holder of the note evidencing the debt, the Substitute Trustees will offer for sale at public auction to the highest bidder at 1:00 p.m. on March 8, 2018, on the front steps of the courthouse building of the Circuit Court of Middlesex County, 73 Bowden Street, Saluda, Virginia 23149, the following real property (“Property”):
Parcel 1: All that certain lot, piece or parcel of land, with all improvements thereon and appurtenances thereunto belonging, lying and being near Deltaville, Pinetop Magisterial District, Middlesex County, Virginia, containing 12,500 square feet, more or less, fronting on the southern margin of State Route No. 636 (having been referred to as State Route No. 643) and more particularly bounded and described as follows:
Beginning on the southern margin of State Highway Route No. 636, distant thereon 140 feet westwardly from a marker which is a corner to the land now or formerly belonging to the devisees of T. Coulbourne Treakle, deceased, and from said point extending in a westerly direction along the southern margin of said Route No. 636, 100 feet to a point which is a corner to land now or formerly of Milford F. Price; thence in a southerly direction along said other land now or formerly of Milford F. Price, a distance of 125 feet to a point: thence from said point extending easterly, at right angles, 100 feet to a point; thence from said point extending northerly a distance of 125 feet, more or less, to the place of beginning. Said property is substantially bounded on the North by State Route No. 636; on the East and South by Parcel 2; on the West by land now or formerly of Bryan L. Miller, et ux.
Parcel 2: All of that certain piece or parcel of land, together with all bulkheads, wharfs and other buildings and improvements thereon, or extending therefrom, into the waters of Broad Creek, and including all riparian rights, situated in Pinetop Magisterial District, Middlesex County, Virginia, near Deltaville, lying between State Route No. 636, and the waters of Broad Creek, and containing 2.402 acres, more or less. Said property is bounded on the North by said State Route No. 636 and Parcel 1; on the South by the mean low water mark of said Broad Creek; on the East by the land now or formerly of Chris J. Plankas, et ux; on the West by Parcel 1 and the land now or formerly of Bryan L. Miller, et ux.
TOGETHER WITH any and all right, title and interest of the Grantor in and to the submerged land abreast of the aforesaid highland, in and under the waters of Broad Creek, but as to such grant the warranties and convenants hereof are excluded.
The sale of the Property shall be made subject to: (a) the covenants, conditions, easements, restrictions, reservations, if any, superior to the lien of the Deed of Trust duly of record and constituting constructive notice; (b) any and all rights, defects, liens, encumbrances or adverse claims of whatever nature, recorded and unrecorded, including any and all statutory lien(s) for labor or materials that are superior to the lien of the Deed of Trust; and (c) the rights, if any, of persons in possession of the Property. The Property is being sold “AS IS” without representation or warranty of any sort or nature concerning its condition.
TERMS: CASH. The highest bidder shall pay for all recording charges, delinquent and current real estate taxes, examination of title, settlement fees and all costs of conveyancing, which shall be by Special Warranty Deed. The highest bidder may be required to deposit ten percent (10%) of the successful bid amount, in cash or a certified check, at the time the Property is sold and shall execute a memorandum of sale, which is available upon request from the Substitute Trustees. Settlement is to be held within ten (10) days of the sale at the offices of the Substitute Trustees, unless the Substitute Trustees, in their sole discretion, agree to a different date. In the event closing does not occur within ten (10) days of the sale, then the Substitute Trustees may retain the deposit, treat the sale as cancelled and resell the Property. The holder of the note evidencing the debt secured by the Deed of Trust expressly reserves the right to bid at the sale. The Substitute Trustees expressly reserve the right to reject any bid(s). Sale is subject to post sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale which affects the validity of the sale, as well as to post-sale confirmation of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser’s sole remedy, in law or equity, shall be the return of his deposit without interest. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this firm is a debt collector attempting to collect the indebtedness referred to herein and any information we obtain will be used for that purpose.
SUBSTITUTE TRUSTEES:
Andrew G. Bury, Jr., Esq.
40 Cross Street, 3rd Floor
P.O. Box 386
Urbanna, Virginia 23175
Telephone and Facsimile:
804-758-0488

David A. Bury, Esq.
10482 Armstrong Street
Fairfax, Virginia 22030
Telephone and Facsimile:
703-788-2008
FOR INFORMATION CALL:
Andrew G. Bury, Jr., Esq.
40 Cross Street, 3rd Floor
P.O. Box 386
Urbanna, Virginia 23175
Telephone and Facsimile:
804-758-0488
(2-8, 2-15, 2-22, 3-1, 2018)

PUBLIC NOTICE
Notice is hereby given that the Town of Urbanna has applied to extend and modify an existing permit from the Marine Resources Commission to add up to 120 additional “Ready Reef” concrete modules in four (4) locations along the shoreline of Jamison Cove as part of an on-going oyster restoration project in the Town of Urbanna.
Send comments/inquiries within 15 days to: Marine Resources Commission, Habitat Management Division, 2600 Washington Avenue, 3rd Floor, Newport News, Virginia 23607. (2-22-1t)

TRUSTEE’S SALE
OF 2060 TOWN BRIDGE RD. URBANNA, VA 23175
In execution of a certain Deed of Trust dated February 1, 2010, in the original principal amount of $162,000.00 recorded in the Clerk’s Office, Circuit Court for Middlesex County, Virginia as Instrument No. 100000244. The undersigned Substitute Trustee will offer for sale at public auction in front of the Circuit Court building for Middlesex County, Route 17 and 33, Saluda, VA 23149 on March 15, 2018, at 1:00 PM, the property described in said Deed of Trust, located at the above address, and more particularly described as follows: LAND SITUATED IN THE COUNTY OF MIDDLESEX IN THE STATE OF VA. ALL OF THAT CERTAIN PIECE OR PARCEL OF LAND, WITH ALL IMPROVEMENTS THEREON, ALL RIGHTS, WAYS, EASEMENTS, PRIVILEGES AND APPURTENANCES THEREUNTO BELONGING OR IN ANY WAY APPERTAINING, SITUATED IN SALUDA MAGISTERIAL DISTRICT, MIDDLESEX COUNTY, VIRGINIA, CONTAINING FORTY ONE-HUNDREDTHS (0.40) OF AN ACRE, LYING ON THE SOUTH SIDE OF STATE ROUTE NO. 615. FOR A MORE ACCURATE AND PARTICULAR DESCRIPTION AS TO THE METES AND BOUNDS OF THE PROPERTY HEREBY DESCRIBED, REFERENCE IS MADE TO A PLAT OF SURVEY, PREPARED BY FRANK E. MINER, C.L.S., WHICH PLAT IS RECORDED IN DEED BOOK 91, AT PAGE 138 IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF MIDDLESEX COUNTY, VIRGINIA. SAID PROPERTY IS BOUNDED ON THE NORTH BY STATE ROUTE NO. 615; ON THE EAST BY LAND NOW OR FORMERLY OF ELLEN RUSS; AND, ON THE SOUTH AND WEST BY LAND NOW OR FORMERLY OF JOHN R. ACREE, ET UX.
TERMS OF SALE: ALL CASH. A bidder’s deposit of ten percent (10%) of the sale price or ten percent (10%) of the original principal balance of the subject Deed of Trust, whichever is lower, in the form of cash or certified funds payable to the Substitute Trustee must be present at the time of the sale. The balance of the purchase price will be due within fifteen (15) days of sale, otherwise Purchaser’s deposit may be forfeited to Trustee. Time is of the essence. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled to a return of the deposit paid. The Purchaser may, if provided by the terms of the Trustee’s Memorandum of Foreclosure Sale, be entitled to a $50 cancellation fee from the Substitute Trustee, but shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. Additional terms to be announced at the sale. A form copy of the Trustee’s memorandum of foreclosure sale and contract to purchase real property is available for viewing at http://www.bwwsales.com. This is a communication from a debt collector and any information obtained will be used for that purpose. The sale is subject to seller confirmation.
Substitute Trustee:
Equity Trustees, LLC
2101 Wilson Blvd., Suite 1004
Arlington, VA 22201
For more information contact:
BWW Law Group, LLC
attorneys for
Equity Trustees, LLC
6003 Executive Blvd., Suite 101
Rockville, MD 20852
301-961-6555
website: http://www.bwwsales.com
VA-324991-1
(2-15, 2-22, 2018)

posted 02.21.2018

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