NOTICE OF SUBSTITUTE TRUSTEE’S SALE
REAL ESTATE PROPERTY
Tax Map No. 37-B-1-2
206 Grey’s Point Road
Topping, Virginia 23169
In execution of a certain Deed of Trust dated August 31, 2005, in the original principal amount of $119,000.00 and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (“Clerk’s Office”) on September 6, 2005 in Deed Book 420, Page 152, (the “Deed of Trust”) default having occurred in the payment of the Note thereby secured, and being requested to do so by Baylands Federal Credit Union, the holder of the note (“Noteholder”) secured by the Deed of Trust (the “Note”), James H. Ward, Jr., (“Substitute 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 regular and 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 13, 2012 at 2:00 p.m.(local time). The real estate is to be sold together with all improvements and appurtenances thereunto belonging (the “Property”), located on 206 Grey’s Point Road, Topping, Virginia 23169, being described in said deed of trust and more particularly described as follows:
ALL THOSE TWO (2) CERTAIN LOTS PIECES OR PARCELS OF LAND, TOGETHER WITH ALL IMPOVEMENTS THEREON, SITUATED IN PINETOP MAGISTERAL DISTRICT, MIDDLESEX COUNTY, VIRGINIA, LYING ON THE SOUTH SIDE OF STATE ROUTE #3 AND CONTAINING IN THE AGGREGATE 2.06 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 W. H. STIFF, CLS, DATED NOVEMBER 14, 1961, RECORDED IN THE CLERK’S OFFICE OF THE CIRCUIT COURT, MIDDLESEX COUNTY, VIRGINIA IN DEED BOOK 79, PAGE 337, WHEREON SAID PLAT THE PROPERTY HEREBY CONVEYED IS SHOWN AND DESIGNATED AS LOT 2 (1.02) AND LOT 3 (1.04). SAID PROPERTY IS SUBSTANTIALLY BOUNDED IN THE AGGREGATE ON THE NORTH BY STATE ROUTE #3; ON THE EAST BY LOT 4; ON THE SOUTH BY LAND NOW OR FORMERLY OF JOHN STUART; AND ON THE WEST BY LOT 1; ALL AS SHOWN ON THE HEREINABOVE MENTIONED PLAT OF SURVEY.
TERMS OF SALE: All Cash. A cash bidder’s deposit of 10% of the successful bid (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 the office of the Trustee within 14 days after sale.
The sale of the Property shall be made subject to the covenants, conditions, easements, restrictions, reservations, if any, superior to the lien of the Deed of Trust duly of record and constituting constructive notice and to any and all rights, defects, liens, encumbrances or adverse claims of whatever nature, recorded and unrecorded, including any and all statutory liens for labor or materials which are superior to the lien of the Deed of Trust. The sale further shall be made subject to the rights, if any, of persons in possession of the Property.
TIME BEING OF THE ESSENCE. The bidder on behalf of Noteholder 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 at 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. The successful bidder shall be responsible for any roll back taxes. 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 solely responsible for closing expenses, fees and costs, except Virginia Grantor’s Tax, which will be paid by the Trustee. Real estate taxes will be pro-rated as of the date of settlement. 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 Note and the property may either be resold at the risk and expense of the defaulting successful bidder or 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 Trustee or Noteholder 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 sort or nature concerning its condition.
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 or warranties as to accuracy and completeness.
JAMES H. WARD, JR.
837 Gloucester Road
Post Office Box 356
Saluda, Virginia 23149
Chesapeake Bay Oyster Company, L.L.C. (2012026) has applied for approximately 10 -+ acres of oyster planting ground in Locklies Creek near Parrots Island situated in Middlesex County and described as follows:
North By: Lawson, Jr. PF9555
East By: MLW Parrots Island
South By: Vacant
West By: Maul, Jr. PF14370
or concerns to:
Marine Resources Commission
2600 Washington Ave.
Newport News, VA 23607
Ryan Clay Payne (2012028) has applied for approximately 65 -+ acres of oyster planting ground in the Rappahannock River near Burhans Wharf situated in Middlesex County and described as follows:
P.G. #1 Middlesex Co.
East By: Application #2011-036
South By: Chaves Beam PF18926; MLW;
Condemned area; Atkinson
West By: Byers PF19430
or concerns to:
Marine Resources Commission
2600 Washington Ave.
Newport News, VA 23607
Notice is hereby given that the following vessel has been abandoned for more than 60 days on the property of J&M Marina, 161 Dockside Drive, Deltaville, VA 23043, 804-776-8800.
Description of vessel:
1969 42’ Trojan
with previous registration number 519485.
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 Dept. of Game and Inland Fisheries with questions.(3-29-3t)
18344 General Puller Hwy.
Deltaville, VA 23043-2029
In execution of a Deed of Trust in the original principal amount of $205,000.00, dated November 19, 2004 recorded in the Clerk’s Office of the Circuit Court of the County Of Middlesex, Virginia, in Deed Book 403, at page 344, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Substitute Trustee will offer for sale at public auction at the entrance to the New Circuit Court of Middlesex County, Saluda, Virginia, on April 9, 2012 at 3:00 o’clock pm the property described in said deed, located at the above address and briefly described as:
Containing 1.81 acres and designated as Lot No. 3, recorded in Plat Book 12, Page 150, with improvements thereon.
TOGETHER WITH AND SUBJECT TO a 16’ private right of way providing ingress and egress between Lot 3, the waters of Mill Creek, and VSR #33, to be used in common with the owner of Lot 1.
TERMS OF SALE: CASH: A deposit of $20,000.00, or 10% of the sale 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.
This is a communication from a debt collector.
SAMUEL I. WHITE, P.C.
5040 Corporate Woods Drive Suite 120
Virginia Beach, Virginia 23462
757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m.
or visit our website at
4294 WATERVIEW ROAD WATER VIEW, VA 23180
TAX MAP # 9-11
In execution of a certain Deed of Trust dated March 30, 1992, from Wayne Michael Valentino to Alexander F. Dillard, Jr. and Earl R. Johnston, Trustees, recorded in the Office of the Clerk of the Circuit Court of Middlesex County, Virginia in Deed Book 207, page 735, conveying certain real estate described therein; and, said Deed of Trust having been modified by Modification Agreements recorded in Deed Book 275, page 529, Deed Book 302, page 132, Deed Book 314, page 740, Deed Book 332, page 108 and Deed Book 358, page 774; and, John S. Martin having been appointed as Substitute Trustee by Appointment of Substitute Trustee dated February 27, 2012, and recorded in the aforesaid Clerk’s Office as Instrument # 120461, and default having been made in the debt secured by said deed of trust, and being required so to do by the noteholder, the undersigned Substitute Trustee, will offer for sale at public auction on Tuesday, April 10, 2012, at 10:00 a.m., at the front entrance of the Middlesex County Circuit Court courthouse building, located at 73 Bowden Street, Saluda, Virginia 23149, that certain parcel of land described as follows: That certain lot or parcel of land, lying in Jamaica Magisterial District, Middlesex County, Virginia, on the right side of the public road leading from Samos to Water View, said lot to front 105 feet on said public road and to run back parallel lines a sufficient distance to make a 1/2 acre lot cut off the northeast corner of a larger tract which contained 16.73 acres, as shown on a plat of survey by W. H. Stiff, Surveyor, dated July 15, 1919, and recorded in the Clerk’s Office for the Circuit Court of Middlesex County, Virginia in Deed Book 53, page 428, said lot being bounded on the northwest by State Route 640; on the northeast by land now or formerly belonging to Marian P. Morton; and, on the southeast and southwest by land now or formerly belonging to E. H. Marshall and Lucille A. Marshall; being the identical property conveyed unto Wayne Michael Valentino by deed from Anthony H. Schirmer and Maggie M. Schirmer, dated March 25, 1988, of record in said Clerk’s Office in Deed Book 171, page 418.
TERMS OF SALE: ALL CASH. The subject property and any improvements located thereon will be sold “AS IS” without representation or warranty of any kind. A deposit of at least ten percent (10%) of the purchase price by certified or cashier’s check will be required of the successful bidder at the time of the sale, with the balance due within twenty (20) days from the date of said sale. The deposit shall be applied to the credit of the successful bidder at settlement to be held within twenty (20) days from the date of the sale, and TIME SHALL BE OF THE ESSENCE. The deposit shall be applied to the cost and expense of sale and the Trustee’s compensation authorized by the Deed of Trust and applicable law. In the event of default by the purchaser, the Trustee may, in addition to any other remedy, maintain an action against Purchaser for recovery of the purchase price. Notwithstanding the foregoing, the Trustee reserves the right to waive or modify the requirements of said deposit. All costs of the conveyancing, which shall be by Special Warranty deed, including but not limited to recording fees, shall be the responsibility of Purchaser. Real estate taxes shall be prorated as of the date of the sale. In the event the Trustee deems it best for any reason at the time of the sale to hold open, postpone or continue this sale from time to time, such notice of holding open, postponement or setting over shall be announced in a manner deemed reasonable by the Trustee. Additional terms to be announced at sale.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
John S. Martin
P.O. Box 159
Kilmarnock, VA 22482