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Rivah Visitor's Guide

Notices

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)

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)

VIRGINIA:
IN THE CIRCUIT COURT OF
THE COUNTY OF MIDDLESEX
RE: LEONARD F. JOHNSON, DECEASED

SHOW CAUSE
AGAINST DISTRIBUTION

A report of the accounts of Jennifer L. Dennis, Executor of the Estate of Leonard F. Johnson, deceased, (the “Executor”), and of the debts and demands against Leonard F. Johnson and the Estate of Leonard F. Johnson (the “Estate”) has been filed in the office of the Clerk of the Circuit Court of Middlesex County, and six (6) months have elapsed since the qualification of the Executor. On the motion of the Executor, it is hereby ORDERED that the creditors of Leonard F. Johnson, deceased, and the Estate and all others interested in the Estate do show cause, if they can, on the 5th day of May, 2010, at 9:30 a.m. before this Court at its Courthouse in the County of Middlesex, Virginia, against the payment and delivery of the Estate to the legatees.
It is further ORDERED that the foregoing portion of this Order be published once a week for two (2) successive weeks in the Southside Sentinel, a publication of general circulation in the County of Middlesex, Virginia.
ENTER: 3/17/10
R. Bruce Long, Judge

Peggy Walton, Clerk
3-24-10
I ask for this:
Rebecca C. Bowen
Counsel for Estate of
Leonard F. Johnson, Deceased
Freed & Shepherd, P.C.
9030 Stony Point Parkway
Suite 400
Richmond, Virginia 23235
Virginia Bar Number: 70827
(4-1-2t)

posted 03.31.2010

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