Lot 1, 11.56 acres,
more or less,
Jamaica Magisterial District Middlesex County, Virginia
Tax Map I.D. 8 - 95G
In execution of a certain deed of trust from Frank Kellar Evans, dated November 3, 2008, in the original principal amount of $50,000.00; recorded in the Clerk’s Office, Circuit Court of Middlesex County, Virginia as Document #082528, default having been made in the payment of the debt therein secured and at the request of the noteholder, the undersigned Substitute Trustees, either of whom may act, after giving thirty days due notice to the owners of the real estate of the date, time, place and terms of sale, will offer for sale at public auction in front of the building housing the Circuit Court of the County of Middlesex, Virginia, located at 73 Bowden Street, Saluda, Virginia 23149, on May 16, 2011, at 11:00 a.m., E.D.T., the real estate with improvements thereon located in Jamaica Magisterial District, Middlesex County, Virginia, more particularly described as:
All that certain piece of land, together with all improvements thereon situated in Jamaica Magisterial District, Middlesex County, Virginia, lying on the southern side of State Route #648, but not fronting thereon, and containing 11.56 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, L.S., dated January, 1993, a copy of which is of record in the Clerk’s Office, Circuit Court, Middlesex County, Virginia, in Plat Book 11, Page 198, whereon said plat the property is shown and designated as “LOT 1 — 11.56 + ACRE”.
Together with a perpetual non-exclusive easement of right of way for ingress to and egress from the property to State Route #648, over, across and upon that certain 50’ easement of right of way, as shown on the hereinabove mentioned plat of survey.
Further together with a non-exclusive, perpetual easement of right of way to the Rappahannock River, as set forth in that certain deed from Dorothy C. Kellar et al to Dorothy C. Kellar et al, dated August 23, 1991, recorded in the aforesaid Clerk’s Office in Deed Book 205, at Page 303.
Sale shall be made subject to all existing prior liens, easements and restrictive covenants as the same may lawfully affect the real estate.
Terms of Sale: Cash. Settlement within 30 days of sale.
A bidder’s deposit of 10% of the sale price will be required.
The balance of the purchase price shall be in cash or its equivalent. Settlement shall be at the office of the Substitute Trustees or other mutually agreed location. The property and any improvements hereon shall be sold in “as is” condition without any warranties. The successful bidder shall assume all loss or damage to the property from and after the time of the sale.
Purchaser shall be responsible for all costs of the conveyance, which shall be by special warranty. The sale is subject to such additional terms as the Substitute Trustees may announce at the time of sale. The Purchaser will be required to sign a Memorandum of Sale incorporating all the terms of the sale.
W. Leslie Kilduff, Jr. and
Francis A. Burke
P. O. Box 1801
Kilmarnock, Virginia 22482
227 Chomper Point
Hartfield, VA 23071
Pursuant to the terms of a deed of trust dated March 15, 2006, recorded in the Clerk’s Office of the Circuit Court of the County of Middlesex, VA as Instrument No. 060000663, securing a note drawn in the original sum of $115,360.00, the undersigned Substitute Trustee will offer for public sale at the front of the building housing the Circuit Court of the COUNTY OF MIDDLESEX, VA located at 73 Bowden Street, Saluda, Virginia 23149 on
May 16, 2011
at 4:30 pm
the property described in said deed of trust, located at the above address and briefly described as: Lot 4, Freedom Shades Subdivision. The property and the improvements thereon will be sold “AS IS” and without representation or warranties of any kind. The sale is subject to all liens, encumbrances, conditions, easements and restrictions, if any, superior to the mentioned deed of trust and lawfully affecting the property. Neither the Substitute Trustee nor the holder of the note secured by the deed of trust will deliver possession of the property to the successful bidder. The purchaser at the sale will be required to pay all closing costs. Real estate taxes, water/sewer fees and other public charges will be prorated as of the date of the sale. The risk of loss or damage to the property passes to the purchaser immediately upon the conclusion of the Substutute Trustee’s sale.
Terms: CASH or certified funds. A bidder’s deposit of $12,932.07 or 10% of successful bid, whichever is lower, will be required with the balance of the sale price to be paid within 15 days at the office of the Substitute Trustee. Purchaser agrees to pay the Seller’s attorneys at settlement, a fee of $295.00 for review of the settlement documents. Time is of the essence as to the closing date and the payment of the purchase price. If payment of the balance does not occur within fifteen days of the sale date, the deposit will be forfeited. If the Substitute Trustee is unable to convey good and marketable title, the purchaser’s sole remedy in law or equity shall be limited to the refund of the deposit to the purchaser. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Substitute Trustee, Mortgagor or Mortgagee. Additional terms may be announced at the sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this firm is a debt collector and any information obtained will be used for that purpose.
For information contact:
Abby Moynihan, Esquire
& Conway, LLC
Surety Trustees, LLC
4021 University Drive
Fairfax, VA 22030
IN THE CIRCUIT COURT FOR THE COUNTY
DWIGHT K. BURRELL
CASE NO: CL 11-36
8804 General Puller Hwy.
Topping, VA 23169
Greenbranch Trailer Court
Hartfield, VA 23071
SUCH PARTIES, IF ANY, WHO MAY BE THE HEIRS, DEVISEES OR SUCCESSORS IN INTEREST OF LENWOOD a/k/a LYNN KEYSER, PEARL CATHERINE KEYSER, CORA BELL JONES, JOSEPH E. KEYSER, THOMAS L. KEYSER, WILLIAM FLOYD KEYSER, LEN MANUEL KEYSER, SHELIA KEYSER, CLIFTON KEYSER, CHRISTOPHER COLUMBUS KEYSER, GEORGE JONES, CLARINE KEYSER, MARIE KEYSER AND BRENDA DAVENPORT WHO ARE MADE PARTIES DEFENDANT BY THE GENERAL DESCRIPTION OF PARTIES UNKNOWN.
ORDER OF PUBLICATION
The object of this Suit is to affect partition among the owners by sale or otherwise of a certain piece or parcel of land, together with all improvements thereon, situated in Pinetop Magisterial District, Middlesex County, Virginia, containing by deed twelve (12) acres, more or less, but by recent survey found to contain 9.0519 acres, near Hartfield, fronting on VSH #33 and being the same property acquired by Lynn Keyser by deed dated July 12, 1948 from Lewis Jones, Special Commissioner, recorded in the Clerk’s Office of the Circuit Court of Middlesex County Virginia in Deed Book 61, Page 202.
The Complaint states that there are or may be persons interested in the subject property whose names are unknown and making them Respondents by the general description of parties unknown, and an affidavit has been made and filed that their names and last known addresses are unknown, such unknown parties being the heirs, devisees, or successors in interest of Lenwood a/k/a Lynn Keyser, Pearl Catherine Keyser, Cora Bell Jones, Joseph E. Keyser, Thomas L. Keyser, William Floyd Keyser, Len Manuel Keyser, Shelia Keyser, Clifton Keyser, Christopher Columbus Keyser, George Jones, Clarine Keyser, Marie Keyser and Brenda Davenport.
It is ORDERED that the said non-resident defendants, namely; those parties who may be heirs, devisees and successors in interest of Lenwood a/k/a Lynn Keyser, Pearl Catherine Keyser, Cora Bell Jones, Joseph E. Keyser, Thomas L. Keyser, William Floyd Keyser, Len Manuel Keyser, Shelia Keyser, Clifton Keyser, Christopher Columbus Keyser, George Jones, Clarine Keyser, Marie Keyser and Brenda Davenport, who are made Respondents by the general description of PARTIES UNKOWN do appear before the Circuit Court of Middlesex County, Virginia, on June 10, 2011, at 9:30a.m. to identify themselves, and to do what is necessary to protect their interest.
It is further ORDERED that the forging be published once a week for four (4) successive weeks in the Southside Sentinel, a newspaper having general circulation in Middlesex County, Virginia.
PEGGY W. WALTON, CLERK
By: P. W. Walton, Clerk
I ASK FOR THIS:
James H. Ward, Jr.,p.q.
P. O. Box 356
Saluda, Virginia 23149