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Rivah Visitor's Guide

Notices

NOTICE
ABANDONED VESSEL
Notice is hereby given that the following vessel has been abandoned for more than 90 days on the property of: Snug Harbor Marina, (Ruark Marinas) Deltaville, Virginia 23043.
Description of vessel: 1964 32ft. Rostrack. Green hull. VA5611F
Application for Watercraft Registration/ Title will be made in accordance with Section 29.1-733.1 of the Code of Virginia if this vessel 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.(4-15-3t)

NOTICE
ABANDONED VESSEL
Notice is hereby given that the following vessel has been abandoned for more than 90 days on the property of: Snug Harbor Marina, (Ruark Marinas) Deltaville, Virginia 23043.
Description of vessel: Kona of Irvington. 28ft. fiberglass sailboat. Dark blue hull.
Application for Watercraft Registration/ Title will be made in accordance with Section 29.1-733.1 of the Code of Virginia if this vessel 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.(4-15-3t)

NOTICE
OF OYSTER GROUND
APPLICATION
John H. Collamore, 2010-019 has applied for approximately 12.00 ± acres of oyster planting ground, Piankatank River near Healy Creek, situated in Middlesex County and described as follows:
North by: MLW
East by: Vacant
South by: P.G. #3 Middlesex Co.
West by:
Croxton, Sr. PF14035; Vacant
Send comments or concerns to: Marine Resources Commission, Engineering/Surveying Department, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607.(4-1-4t)

NOTICE
OF TRUSTEE’S SALE
OF LOT 29, SECTION THREE,
CHICK COVE SUBDIVISION OF
UNIMPROVED REAL ESTATE
MIDDLESEX COUNTY, VIRGINIA
Tax Map No. 39 D-1-29
In execution of a certain Deed of Trust dated August 20, 2007 and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (‘Clerk’s Office”) on August 20, 2007 as Instrument No. 070002124 (the “Deed of Trust”) default having been made in the performance of the covenants therein contained, and being requested to do so by the holders of the notes (“Noteholders”) secured by the Deed of Trust (the “Note”). James H. Ward, Jr., (“Trustee”), after giving not less than fourteen (14) days prior written notice thereof to the owner of the real property encumbered by the Deed of Trust (the “Owner”) by certified mail, return receipt requested, of the date, time, place, and terms of sale, will offer such property for sale at public auction at the front entrance of the Middlesex County Circuit Courthouse, 73 Bowden Street, Saluda, Virginia 23149 on Friday, April 16, 2010 at 1:30 p.m. (local time). The real estate is to be sold together with all improvements and appurtenances thereunto belonging (the “Property”), is partially described as:
ALL that certain lot, piece or parcel of land, together with all improvements thereon, situated in Pinetop Magisterial District, Middlesex County, Virginia, lying near the waters of Healey’s Creek, but not fronting thereon and containing 1.854 acres, more or less. For a more accurate and particular description as to the metes and bounds of the property hereby conveyed, reference is made to a Plat of survey prepared by John T. Ward, LS, dated September 1987, showing Section Three of Chick Cove (Lots 26-41) attached to a Deed dated October 22, 1987, from Tre-Suz-Ann Development Co. to Chick Cove Association, Inc. and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia, in Deed Book 168, at Page 654 whereon said Plat the property hereby conveyed is shown and designated as “Lot 29 1.854 Acres.”
TOGETHER WITH a perpetual, nonexclusive easement of right of way, over, across and upon Glen Cove (Private) (50’) Drive as shown on the first above mentioned Ward plat of survey for reasonable ingress and egress to and from the property hereby conveyed out to State Route 33, as well as over, across and upon all other private rights-of-way and recreational areas of Chick Cove Subdivision, as partially shown on the first above mentioned Ward plat of survey, and as further shown on six (6) plats of survey prepared by John T. Ward, L.S., two dated June, 1987 (Section One Subdivision of Chick Cove), recorded in the aforementioned Clerk’s Office in Plat Book “9” at pages 14 and 15, another dated July, 1987 (Section Two Subdivision of Chick Cove) attached to a Deed dated August 10, 1987, from Tre-Suz-Ann Development Co. to Chick Cove Association, Inc., recorded in the aforementioned Clerk’s Office in Deed Book 166, at Page 545, and another dated September, 1987 (Section Four Subdivision of Chick Cove) attached to a deed dated October 22, 1987 from Tre-Suz-Ann Development Co. to Chick Cove Association, Inc., recorded in the aforementioned Clerk’s Office in Deed Book 168, at page 654, two dated November, 1988 (Section Five and Six Subdivision of Chick Cove), attached to a deed dated January 17, 1989 from Tre-Suz-Ann Development Co. to Chick Cove Association, Inc., recorded in the aforementioned Clerk’s Office in Deed Book 179, at page 491, as well as any other private roads and designated common areas depicted on subsequently recorded Plats of future sections of Chick Cove Subdivision, and conveyed by Tre-Suz-Ann Development Co. to Chick Cove Association, Inc. Said easement is to be in common with Chick Cove Association, Inc., its assigns and successors in title; subject to the right of Chick Cove Association, Inc. to regulate the reasonable use thereof and subject to the right reserved in Tre-Suz-Ann Development Co. and Chick Cove Association, Inc. to transfer and convey such roadways to the public authorities as and when Tre-Suz-Ann Development Co. and Chick Cove Association, Inc. deem it desirable.
TERMS OF SALE: All Cash. A cash bidder’s deposit of $5,000.00 (in the form of a cashier’s check made payable to the Trustee) shall be required at the time of settlement. Successful bidder shall execute a contract at end of sale. Settlement to occur in offices of Trustee within 30 days after sale.
TIME BEING OF THE ESSENCE. The bidder on behalf of Noteholders shall not be required to deliver a deposit to Trustee. The deposit of successful bidder will be cashed by Trustee and will be applied without interest to the purchase price of settlement. The balance of the purchase price will be due by wire transfer of immediately available funds at settlement. Conveyance of the Property shall be by special warranty deed and shall be subject to all recorded and unrecorded matters of title to the extent they may lawfully apply to the Property or any part thereof and take priority over the lien of the Deed of Trust. Any and all charges relating to the Property will be adjusted at settlement as of the date of the foreclosure sale, and shall be assumed by the successful bidder to the extent they have accrued on or after the date of the foreclosure sale. Successful bidder shall be responsible for any real estate taxes, penalties and interest due on Property through date of sale (which must be paid at settlement). Successful bidder shall be responsible for all costs of purchase and transfer, including the grantor’s tax. Obtaining possession of the Property shall be at the sole cost, risk, and expense of successful bidder. In the event a successful bidder fails to consummate the purchase in accordance with the terms of sale as herein provided and in the contract of sale, the deposit will be applied to the costs and expenses of the sale and thereafter to the outstanding balance on the Notes and the property may either be resold at the risk and expense of the defaulting successful bidder or Substitute Trustee may accept the next highest bid at the foreclosure sale, if available. In either event, the defaulting successful bidder shall be personally liable for any deficiency resulting upon any resale of the Property. The foregoing remedy shall not limit or be deemed to limit any right of Substitute Trustee or Noteholders to pursue additional legal or equitable remedies available as a result of such default by successful bidder. The property shall be sold “AS IS,” “WHERE IS,” without representation or warranty of any kind. Sale is subject to Noteholders’ confirmation.
Pursuant to the Federal Fair Debt Collection Practices Act, I advise you that this firm is a debt collector attempting to collect the indebtedness referred to herein and any information that I obtain will be used for that purpose.
All information deemed reliable, but Trustee makes no representations of warranties as to accuracy.
FOR INFORMATION CONTACT:
JAMES H. WARD, JR., Trustee
837 Gloucester Road
Post Office Box 356
Saluda, Virginia 23149
804-758-5391
(3-25-4t)

POTENTIAL FOR
COMMERCIAL USE
NOTICE OF TRUSTEE’S SALE
OF REAL ESTATE KNOWN AS
202 VIRGINIA STREET
URBANNA, VIRGINIA 23175
CONTAINING 0.3117 ACRE, MORE OR LESS,
FURTHER IDENTIFIED AS
TAX MAP NUMBER 20A-18L
In execution of a Deed of Trust dated June 18, 2009, from J&B Properties, LLC, recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia as Instrument Number 090001575, granting and conveying property therein described in trust to Elizabeth B. Hurd and John B. Wallin, Trustees, the undersigned Trustee will offer for sale at public auction on May 7, 2010, at 2:00 p.m., at the front entrance of the new Middlesex County Courthouse, 73 Bowden Street, Saluda, VA 23149, the real estate lying in Middlesex County, Virginia and more particularly described as follows:
ALL that certain lot, piece or parcel of land, with all improvements thereon, situated in the Town of Urbanna, Middlesex County, Virginia, lying on the northern side of Virginia Street, and containing 0.3117 of an acre. For a more accurate and particular description as to the metes and bounds of the property, reference is made to a plat of survey prepared by Gordon L. Jones Land Surveyor, of Bay Design Group dated April 28, 1998, revised May 1, 1998, entitled “Plat Showing Survey of Parcel A and Parcel B Being the Land to be Conveyed to Peninsula Partners” a copy of which is recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia in Plat Book 14, at page 67, whereon said plat the property is shown and designated as “Parcel A 0.3117 Acres”.
TOGETHER WITH a perpetual, non-exclusive easement of right-of-way, which shall run with and for the benefit of the property, as a means of ingress and egress to and from State Route 1005 (Cross Street) twenty feet (20’) in width, running parallel to and along the entire southern boundary line of Parcel B as shown on the above mentioned plat.
FURTHER TOGETHER WITH a perpetual, non-exclusive drainage easement which shall run and for the benefit of the property twenty feet (20’) in width running parallel to and along the entire western line of Parcel B as shown on the above mentioned plat.
The property shall be sold “AS IS” and the sale is subject to all restrictions, rights of way, conditions, easements, judgments, any and all liens, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust, and to the real estate taxes from the date of the sale.
TERMS OF SALE: All cash. A deposit of $25,000.00 by bank cashier’s check payable to the Trustee may be required of the successful bidder at the time of sale, with the balance due within fifteen (15) days of sale. In the event of default by the purchaser, the deposit shall be forfeited and applied to the costs and expenses of sale and the trustee’s compensation authorized by the deed of trust and the law in such cases.
Conveyance of the property shall be by trustee’s Special Warranty Deed. Except for the statutory grantor’s tax paid by the trustee, all costs of conveyance, including, but not limited to, examination of title, recording fees, and settlement fees, shall be at the cost of the purchaser.
The trustee reserves the right to reject all bids and withdraw the property from sale, waive the deposit requirements in whole or in part, and extend the period of time in which the purchaser is to make full settlement. Additional terms of sale may be announced at the sale.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
For information contact:
Elizabeth B. Hurd, Trustee
Dunton, Simmons & Dunton, LLP
678 Rappahannock Drive
P.O. Box 5
White Stone, VA 22578
804-435-4000
804-435-1614 fax
PUBLISH: April 15, 22, 29
and May 6, 2010
(4-15-4t)

SUBSTITUTE TRUSTEE’S
SALE OF
301 PARROTT’S CREEK LN
WATER VIEW, VA
In execution of a Deed of Trust from LACEY-COLLETTI, INC., to REX LEE SMITH, III and LAWRENCE ASHWORTH, Grantees, dated December 1, 2006, and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (the “Clerk’s Office”), as Instrument Number 060003329, (the “Deed of Trust”), the undersigned, under that certain Appointment of Substitute Trustee dated February 1, 2010 and recorded in the Clerk’s Office will offer for sale at public auction on April 20, 2010 at 3:30 p.m., at the property location at 301 Parrott’s Creek Ln., Water View, VA 23180, 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”):
ALL that certain lot, piece or parcel of land, with improvements thereon, lying and being in Jamaica District, Middlesex County, Virginia, designated as Lot 12, Section A, Parrott’s Creek Landing, all as more particularly shown on plat of subdivision by Foster & Miller, P.C., dated October 5, 2007, recorded May 5, 2008, in the Clerk’s Office, Circuit Court, Middlesex County, Virginia, on Plat Cabinet 2, slides 12-10; 12-11 and 12-12, and to which plat reference is hereby made for a more particular description of the lot hereby conveyed.
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 may be required to provide a deposit of $10,000.00 in cash or certified or cashier’s check with remaining 10% of the successful bid within three (3) days of sale. 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, kieep 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 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 Substitute Trustee is Richard E. Biemiller. Fortis Trustee Foreclosure Service has been engaged to conduct the public auction sale and will handle all details in regard thereto.
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:
Patrice W. Carroll
Motley’s Auction and Realty Group
4402 West Broad Street
Richmond, VA 23230
Phone: 804-355-2100
(4-1-3t)

SUBSTITUTE TRUSTEE’S SALE
OF LOTS 1-11,
PARROTT’S CREEK LANDING,
WATER VIEW, VA
In execution of a Deed of Trust from PARROTT’S CREEK LANDING, LLC, to REX LEE SMITH, III and LAWRENCE N. ASHWORTH, Grantees, dated May 29, 2007, and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (the “Clerk’s Office”), as Instrument Number 070001345, (the “Deed of Trust”), the undersigned, under that certain Appointment of Substitute Trustee dated February 1, 2010 and recorded in the Clerk’s Office will offer for sale at public auction on April 20, 2010 at 3:30 p.m., at the property location at 301 Parrott’s Creek Lane, Water View, VA 23180, 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”):
ALL that certain lot, piece or parcel of land, with improvements thereon, lying and being in Jamaica District, Middlesex County, Virginia, containing 11.06+ acres, lying on the west side of Parrott’s Creek Lane (Route 682), all as more particularly shown on plat of Simmons Newsome, P.C., dated October 17, 2005, a copy of which plat is attached to and recorded with the next below mentioned deed in the Clerk’s Office, Circuit Court, Middlesex County, Virginia, and to which plat reference is hereby made for a more particular description of the lot hereby conveyed.
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 may be required to provide a deposit of $2,000.00 in cash or certified or cashier’s check per lot purchased before the sale becomes final. 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 Sutstitute Trustee’s deed and the grantor’s tax, shall be borne by the successful bidder. Real estate taxes 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 Sutstitute 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 Substitute Trustee is Richard E. Biemiller. Fortis Trustee Foreclosure Service has been engaged to conduct the public auction sale and will handle all details in regard thereto.
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:
Patrice W. Carroll
Motley’s Auction and Realty Group
4402 West Broad Street
Richmond, VA 23230
Phone: 804-355-2100
(3-25-4t)

TRUSTEE SALE
528 Whitings Creek Road
Locust Hill, VA 23092
Middlesex County
In execution of a Deed of Trust in the original principal amount of $132,000.00, dated May 30, 2003 recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia, in Deed Book 366, at page 308, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Trustee will offer for sale at public auction at the entrance to the New Circuit Court of Middlesex County, Saluda, Virginia, on April 26, 2010 at 12:45 o’clock pm the property described in said deed, located at the above address and briefly described as:
Lot 71, 1.753 acres, plat entitled, Lots 70-73 & 81-85 Whitings Creek, II, Plat Book 10, at page 175-177, with improvements thereon.
TERMS OF SALE: CASH. A deposit of $10,000.00, or 10% of the sales price, whichever is lower, cash or certified check, will be required at the time of sale with settlement within fifteen (15) days from the date of sale. 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, as well as to post-sale confirmation and audit 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.
SAMUEL I. WHITE, P.C.
Trustee
This is a communication from a debt collector.
FOR INFORMATION CONTACT:
SAMUEL I. WHITE, P.C.
(40-024482-09/CONV)
5040 Corporate Woods Dr., #120
Virginia Beach, Virginia 23462
757-457-1460
Call Between 9:00am
and 11:00a.m.
(4-15-2t)

TRUSTEE’S SALE
5382 General Puller Highway
Middlesex, VA 23092
IN EXECUTION of Deed of Trust dated December 10, 2007, made by Raymond K. Billings and Laurie C. Billings, recorded in the County of Middlesex Circuit Court Clerk’s Office as Instrument Number 070003051, securing Note in original principal amount of $162,402.99, default having been made in payment of debt thereby secured, and at request of beneficiary thereunder, the undersigned will offer for sale at public auction to the highest bidder, for cash, at the front door of the County of Middlesex Circuit Court, 73 Bowden Street, Saluda, Virginia, on April 16, 2010 at 2:00 p.m., the properties conveyed in said Deed of Trust and briefly described as follows:
All that certain piece or parcel of land, situate in Saluda Magisterial District, Middlesex County, Virginia, near Locust Hill, containing 3.007 Acres. For a more accurate and particular description as to the metes and bounds of the property hereby conveyed, reference is made to a Plat of survey prepared by Phillip L. Keyser, LS, dated December 8, 2006, entitled DIVISION SURVEY OF THE LAND OF CAROLYN FAYE ROGERS CARROLL FOR CONVEYANCE TO RAYMOND K. BILLINGS, LAURIE C. BILLINGS, a copy of which is attached hereto, recorded herewith, and incorporated herein by reference whereon said Plat, the property hereby conveyed is shown and designated as Parcel B 3.007 Ac.
TOGETHER WITH the use in common the existing twelve (12) foot right of way leading from Parcel B to a twenty (20) foot existing right of way providing access to and from Virginia State Route 33, both such rights of way being located and shown on the attached Keyser Plat Parcel B is conveyed subject to the twelve (12) foot existing right of way along its northern property line for the use, in common, of others entitled thereto.
TERMS OF SALE: CASH. Property is being sold “AS IS”, without any representations or warranties, SUBJECT to the rights of any person in possession and to all covenants, conditions, restrictions, easements, defects, encumbrances, adverse claims, or liens, whether filed or inchoate, which have priority over the Deed of Trust.
Deposit of 10% cash, certified or cashier’s check, will be required of successful bidder immediately after sale; settlement must be within 10 days from date of sale, TIME BEING OF THE ESSENCE, or property to be resold at cost to defaulting purchaser, and Trustee shall be entitled to recover from defaulting purchaser any deficiency resulting from resale. All costs of conveyancing, examination of title, recording and settlement charges, grantor’s taxes, etc. to be at cost of purchaser. Noteholder reserves the right to bid and trustee reserves right to reject any bids, keep bidding open for any length of time, waive deposit requirements, extend time for settlement, and announce additional terms of sale.
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
McKenry, Dancigers,
Dawson & Lake, P.C.
Substitute Trustee
FOR INFORMATION CONTACT:
Angela Flores
192 Ballard Court, Suite 400
Virginia Beach, Virginia 23462
757-461-2500
(4-8-2t)

TRUSTEES SALE
of RR1 Box 380 arta Rt 33,
RR1 Box 380,
nka 2803 General Puller Highway,
Saluda, VA 23149
In execution of a certain deed of trust dated August 28, 2001, in the original principal amount of $69,677.21 recorded in the Clerk’s Office, Circuit Court for Middlesex County, Virginia, in Deed Book 326 Page 669, default having occurred in the payment of the Note thereby secured and at the request of the holder, the undersigned Substitute Trustee will offer for sale at public auction on the front steps of the Circuit Court, Middlesex County, Route 17 and 33, Saluda, VA 23149, on April 27, 2010, at 1:00 PM, the property described in said deed of trust, located at the above address, and more particularly described as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATED IN SALUDA MAGISTERIAL DISTRICT, MIDDLESEX COUNTY, VIRGINIA, NEAR COOK’S CORNER, FRONTING ON THE NORTHERN SIDE OF STATE ROUTE #33 AND CONTAINING 4.61 ACRES. FOR A MORE ACCURATE AND PARTICULAR DESCRIPTION AS TO THE METES AND BOUNDS OF THE PROPERTY HEREBY CONVEYED, REFERENCE IS MADE TO A PLAT OF SURVEY PREPARED BY JOHN T. WARD, L.S., DATED AUGUST, 1984, RECORDED IN DEED BOOK “213” AT PAGE 801 THE HEREBY CONVEYED IS SHOWN AND DESIGNATED AS “N/F - JAMES O. CURTIS - D.B. 67, P. 51” BY WILL FROM JAMES O. CURTIS, WHO DIED 02/08/1989, AS SET FORTH IN WILL BOOK 44, PAGE 634, DATED 11/01/1988 AND RECORDED 02/08/1989, MIDDLESEX COUNTY RECORDS, COMMONWEALTH OF VIRGINIA. 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. 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, as well as to post-sale confirmation and audit 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 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.bgwsales.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
2020 N. 14th Street, Suite 750
Arlington, VA 22201
703-548-4600
For information contact:
Bierman, Geesing,
Ward & Wood, LLC
attorney for Equity Trustees, LLC
4520 East West Highway, Ste 200
Bethesda, MD 20814
301-961-6555
website: http://www.bgwsales.com
BGW#27451
ASAP #3517711
04/08/2010, 04/15/2010
(4-8-2t)

URBANNA CREEK
POTENTIAL FOR
COMMERCIAL USE
NOTICE OF TRUSTEE’S SALE
OF REAL ESTATE KNOWN AS
51 OYSTER ROAD
URBANNA, VA 23175
AND 71 OYSTER ROAD
URBANNA, VA 23175
THE TOTAL CONTAINING
1.73 ACRES ±
TAX MAP NUMBERS:
20A-1-114 AND 20A-1-115
In execution of a Deed of Trust dated September 15, 2005, from City of Anne, LLC, recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia in Deed Book 420, at Page 799, granting and conveying property therein described in trust to Elizabeth B. Hurd and Charles W. Paul, Trustees, the undersigned Trustee will offer for sale at public auction on May 7, 2010, at 2:30 p.m., at the front entrance of the new Middlesex County Courthouse, 73 Bowden Street, Saluda, VA 23149, the real estate lying in Middlesex County, Virginia and more particularly described as follows:
ALL that certain piece or parcel of land, together with all improvements hereon, situated in the Town of Urbanna, and containing 1.73 acres, more or less. For a more accurate and particular description as to the metes and bounds of the property hereby conveyed, reference is made to a plat of survey prepared by Norman L. Sutton, L.S. of Sutton and James, P.C., dated November 30, 1999, revised December 10, 1999, and March 14, 2000, entitled “Boundary Survey of Land to be Acquired by City of Anne, LLC”, a copy of which is of record in the Clerk’s Office, Circuit Court, Middlesex County, Virginia in Plat Book 15, Page 12, Whereon said plat the property is shown and designated as “1.73 Acres ±”.
The property shall be sold “AS IS” and the sale is subject to all restrictions, rights of way, conditions, easements, judgments, any and all liens, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust, and to the real estate taxes from the date of the sale.
TERMS OF SALE: All cash. A deposit of $50,000.00 by bank cashier’s check payable to the Trustee may be required of the successful bidder at the time of sale, with the balance due within fifteen (15) days of sale. In the event of default by the purchaser, the deposit shall be forfeited and applied to the costs and expenses of sale and the trustee’s compensation authorized by the deed of trust and the law in such cases.
Conveyance of the property shall be by trustee’s Special Warranty Deed. Except for the statutory grantor’s tax paid by the trustee, all costs of conveyance, including, but not limited to, examination of title, recording fees, and settlement fees, shall be at the cost of the purchaser.
The trustee reserves the right to reject all bids and withdraw the property from sale, waive the deposit requirements in whole or in part, and extend the period of time in which the purchaser is to make full settlement. Additional terms of sale may be announced at the sale.
THIS COMMUNICATION IS
FROM A DEBT COLLECTOR.
For information contact:
Elizabeth B. Hurd, Trustee
Dunton, Simmons & Dunton, LLP
678 Rappahannock Drive
P.O. Box 5
White Stone, VA 22578
804-435-4000
804-435-1614 fax
PUBLISH: April 15, 22, 29
and May 6, 2010
(4-15-4t)

posted 04.14.2010

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