NOTICE OF SUBSTITUTE
282 Hillcrest Drive
Wake, Virginia 23176
2.5265 acres, Lot 5A, Section One, Hillcrest Subdivision, Pinetop Magisterial District, Middlesex County, Virginia
(Tax Map 38-30, Parcel 11)
In execution of a Deed of Trust dated July 15, 2008, recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia, as Instrument #081870, from Charles M. Bennett Sr., Grantor, to Pamela D. Chapman and Dianne Hall, Trustees, (“the Deed of Trust”) for whom Matson C. Terry II, has been substituted as Substitute Trustee by that certain instrument of substitution, dated September 26, 2011, duly recorded in the Clerk’s Office aforesaid, as Instrument #111583, default having occurred in the payment of the note thereby secured and at the request of the holder of the note, the Substitute Trustee will offer for sale at public auction to the highest bidder in front of the Courthouse of the Circuit Court for Middlesex County, Virginia, at 73 Bowden Street, Saluda, Virginia 23149, on Tuesday, November 29, 2011, at 11:00a.m., the property known 2.5265 acres, Lot 5A, Section One, Hillcrest Subdivision, Pinetop Magisterial District, Middlesex County, Virginia (Tax Map 38-30, Parcel 11), 282 Hillcrest Drive, Wake, Virginia 23176, shown and described as Lot 5A, Section One, on a certain plat of survey entitled ‘Subdivision Survey for Gene A. Ruark”, dated February 5, 2005, made by Dalton D. Brownley Jr., L.S., recorded in the Clerk’s Office aforesaid in Deed Book 409, at Page 422.
The sale of the Property shall be made subject to the covenants, conditions, easements, restrictions, reservations, deeds of trust, if any, superior to the lien of the Deed of Trust, duly of record and constituting constructive notice. The sale further shall be made subject to the rights, if any, to persons in possession of the Property and to any and all defects, liens, encumbrances or adverse claims of whatever nature, recorded or unrecorded, including any and all statutory lien(s) for labor or materials which now have gained or hereafter may gain priority over the lien of the Deed of Trust, whether file of record or inchoate, which are superior to the lien of the Deed of Trust. The Property is being sold ‘AS IS” without representation or warranty of any sort or nature concerning its condition.
TERMS: CASH. The Buyer shall pay for all recording charges, examination of title, settlement fees and all costs of conveyancing which shall be by Special Warranty Deed. Real estate taxes shall be prorated to date of sale.
A deposit of 10% of the sales price will be required from the highest bidder in cash or by cashier’s or certified check and the highest bidder will be required to execute a Memorandum of Sale. The successful bidder shall assume all risk of loss or damage to the property from and after the time of sale. Settlement is to be held within thirty (30) days of the sale at the offices of Hubbard, Terry & Britt, 293 Steamboat Road, Irvington, Virginia 22480. In the event closing does not occur within thirty (30) days of the sale through buyer’s default, then the Substitute Trustee may retain the deposit, treat the sale as canceled and resell the Property. In the event the Substitute Trustee cannot convey to the buyer marketable title, in Substitute Trustee’s sole discretion, the sale may be rescinded and the buyer’s sole remedy shall be refund of the deposit. 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 Trustee expressly reserves the right to reject any bid(s). The sale is subject to such additional terms as the Substitute Trustee may announce at the time of sale.
Written notice of this Substitute Trustee’s Sale has been sent to the owners by certified mail in strict compliance with section 55-59.1 of the Virginia Code.
MATSON C. TERRY II
FOR INFORMATION CALL:
Hubbard, Terry & Britt
293 Steamboat Road
P.O. Box 340
Irvington, Virginia 22480
November 17 & 23, 2011