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SUBSTITUTE TRUSTEE’S SALE OF 4951 LEWIS B. PULLER MEMORIAL HIGHWAY
MATTAPONI, VA 23110

In execution of a Deed of Trust from Robin W. Bowles, Grantor, to W. J. Farinholt, Kenneth E. Smith and Stephanie F. Hunt, Grantees, dated March 6, 2008, and recorded in the Clerk’s Office of the Circuit Court of King and Queen County, Virginia (the “Clerk’s Office”), as Instrument Number 080000295 (the “Deed of Trust”), the undersigned, under that certain Appointment of Substitute Trustee dated August 6, 2018 and recorded in the Clerk’s Office as Instrument Number 180000546 will offer for sale at public auction on October 10, 2018 at 11:00 a.m., at the King and Queen Circuit Court, 234 Allen’s Circle, King and Queen Courthouse, King and Queen, VA 23085, subject to the terms set forth below, the following described real property, together with all and singular the improvements, ways, easements, rights, privileges, and appurtenances to the same belonging, or in any way appertaining (collectively, the “Property”):
PARCEL 1
FIRST, all that parcel of land in Buena Vista District, King and Queen County, Virginia, containing two and twenty-four hundredths (2.24) Acres, more or less, and is designated as Lot No. 1 on a certain map or plat of W.H. Stiff, C.E., dated October 13, 1941 and recorded in the Clerk’s Office of the Circuit Court of King and Queen County, Virginia, in Plat Book 1, page 65, bounded on the North by the said highway leading from West Point to Saluda, on the East by the land of Otelia Louis Gayle, on the South by a 16 foot road which is an outlet to this property and the West by the land of Mrs. J.F. Wilson.
SECOND, a lot or parcel of land in Buena Vista District, King and Queen County, Virginia, containing Nine and Seventy-six (9.76) Acres, more or less, and shown and designated as Lot No. 3 on a certain plat of W. H. Stiff, C.E., dated October 13, 1941 and recorded in the Clerk’s Office of King and Queen County, Virginia, in Plat Book 1, page 65, bounded on the North by the Private Road which is the right of way to the highway, on the East by the land of Otelia Louis Gayle, on the South by the swamp and on the West by the land of J.H. Coulbourn and designated as Parcel No. 23-135X-162.
LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by Deed dated December 13, 1955 and recorded in Deed Book 46, page 372.
PARCEL 2
ALL THAT parcel of land in Buena Vista District, King and Queen County, Virginia, containing One (1) Acre, more or less, lying immediately on the South side of Route #33, leading from West Point to Shacklefords and definitely described as follows: Beginning at a pipe on Route #33, corner with the lands of J.H. Coulbourn’s Estate, thence along line with Coulborn’s Estate S. 27 ½ degrees E. 418 feet to pipe; thence along line with said Coulbourn’s Estate S. 69 ½ degrees W. 105 feet to a point; thence N. 27 ½ degrees W. 418 feet approximately to point on Route #33; thence along said highway N. 12 ½ degrees E. 105 feet to pipe to point of beginning and designated as Parcel No. 23-135X-156.
PARCEL 3:
ALL THAT certain parcel of land in Buena Vista District, King and Queen County, Virginia, lying and immediately to the left hand side of State Route 33 leading from Shacklefords to West Point and bounded as follows: On the North by State Route 33, on the East by other lands of Verdell A. White, on the South by the Old Highway and on the West by other lands of Verdell A. White and designated as Parcel No. 23-135X-160.
PARCEL 4:
ALL THAT parcel of land in Buena Vista District, King and Queen County, Virginia, containing approximately one-fourth (0.25) of an Acre, lying immediately on the left hand side of State Route #33 leading from Shacklefords to West Point and bounded as follows: Beginning at an iron stob on the South right of way line of Route #33 corner with other lands of Harvey L. Wilson; thence in a westerly direction along said highway towards West Point 65 yards to other lands of Albert C. and Florentine J. White; thence in a southerly direction 5 yards along line with said White to other lands of said Albert C. and Florentine J. White; thence in an easterly direction along line with said White 65 yards to other lands of Harvey L. Wilson; thence along line with said Wilson in a northerly direction 30 yards to the point of beginning on Route #33 and designated as Parcel No. 23-135X-160A.
PARCEL 5:
ALL THAT parcel of land in Buena Vista District, King and Queen County, Virginia, containing ten and one-half (10.50) Acres, more or less, as per plat of survey made by L.D. Robinson, C.L.S., dated January 29, 1997, and according to same, is described as follows: Beginning at an iron pipe on the south side of Route 33, corner with other lands of Albert and Florentine J. White, thence along line with said White’s South 24 degrees 45 minutes East 940 feet to corner in fence on north side of “Road Way”; thence along the northern side of said “Road Way” South 64 degrees West 500 feet to an iron stob corner with J.H. Coulbourn’s Estate and Willie Billups North 24 degrees 45 minutes West 988 feet to an iron pipe on the public highway leading from Mattaponi to Shacklefords; thence in a Northeasterly direction along the southern edge of right of way of said highway 55 feet to a stob corner with other lands of Wilson; thence along line with said Wilson South 82 degrees East 200 feet to Point B; thence North 79 degrees East 237 feet to stob, Point C, corner with said Wilson; thence along line with said Wilson North 24 ¾ degrees West 141 feet to the aforesaid public highway; thence along said public highway in a northeasterly direction 57 feet to the iron pipe, the point of beginning and designated as Parcel No. 23-135X-161.
TERMS OF SALE: CASH. The Property is to be sold “AS IS” and “WITH ALL FAULTS”, without any representations or warranties, SUBJECT TO the rights of any person(s) in possession, to the extent any such rights exist and have priority over the Deed of Trust, and to any covenants, conditions, restrictions, easements, defects, encumbrances, adverse claim, and liens, whether recorded or inchoate, that have priority over the Deed of Trust. The successful bidder shall be required to execute a memorandum of sale and will be required to provide a deposit of 10% of the successful bid in cash, certified or cashier’s check. The Property will be conveyed by Special Warranty Deed. Settlement must occur within thirty (30) days from date of sale, TIME BEING OF THE ESSENCE, or the Substitute Trustee, without limitation, may apply the deposit to the expenses of sale and the indebtedness secured by the Deed of Trust, resell the Property at the cost of the defaulting purchaser, and the Substitute Trustee shall be entitled to recover from any defaulting purchaser any deficiency resulting from such resale, or sue the defaulting purchaser for specific performance. The Substitute Trustee reserves the right to remove the Property from sale at any time before the sale is announced as final, to reject any and all bids, keep bidding open for any length of time, waive deposit requirements, extend time for settlement, and announce additional terms of sale. Terms of sale announced at the public auction will supersede all advertised terms of sale. All closing costs, other than the preparation of the Substitute Trustee’s deed and the grantor’s tax, shall be borne by the successful bidder. Real estate taxes and other assessments shall be prorated as of the date of sale. The risk of loss or damage to the Property by condemnation, fire or other casualty shall be borne by the successful bidder from and after the time of sale. The Substitute Trustee is not obligated to deliver possession of the Property to the successful bidder, who shall be solely responsible for obtaining possession of the Property.
The below named is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.

For information contact:
Richard E. Biemiller, Esquire
(VSB #29017)
Parks Zeigler, PLLC
4768 Euclid Road, Suite 103
Virginia Beach, VA 23462
Phone: 757-453-7744
Substitute Trustee
(9-13, 9-20, 9-27, 10-4, 2018)

posted 09.12.2018

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