NOTICE OF TRUSTEE’S AUCTION VALUABLE WATERFRONT PROPERTY
784 Locklies Creek Road
Topping, VA 23169
Middlesex County, VA
In the execution of a Deed of Trust in the original principal amount of $300,000, with an annual interest rate of 11.75%, dated March 28, 2000, recorded in Deed Book 306, at Page 093, among the land records of Middlesex County, Virginia, default having occurred in payment of the debt secured thereby, and at the request of the note holder, the undersigned Trustee will offer for sale at public auction at the entrance to the New Circuit Court of Middlesex County, Saluda, Virginia, on September 5, 2008, at 1:00 PM, the property described in said deed of trust, and briefly described as follows:
Two tracts of land, with all improvements thereon, including, but not limited to, boat slips, ramps, bulkheads, piers, fixtures, poles, launching facilities, electrical equipment, lying and being in the Pinetop Magisterial District, Parcel 1 and 2, respectively, containing 0.83 and 0.21 acre, more or less, and as more specifically described on a plat of survey dated February 23, 1978, recorded in Plat Book 6, Page 85, among the aforesaid land records.
TERMS: Bidder’s deposit of the lesser of $25,000 or ten percent (10%) of the successful bid, in cash or certified check at the time of sale and balance upon tender of Special Warranty Deed. Settlement to be held within 15 calendar days from date of sale at the offices of the Trustee. The Trustee reserves the right: (i) to waive the deposit requirement; (ii) to approve the credit worthiness of any bidder and final purchaser; (iii) to withdraw the property from sale at any time prior to the termination of the bidding; and (iv) to keep the bidding open for any length of time. Bidder’s deposit shall be forfeited in the event of default by the purchaser, and said deposit applied to costs and expenses of sale. Examination of title, conveyancing and recording fees, including Virginia Grantor’s tax, shall be at the expense of the purchaser. Purchaser shall assume liability for any unpaid taxes for the current year subsequent to the date of sale. Sale is subject to any valid filed or un-filed mechanics’ liens and any other matters of record prior to the recordation of the aforesaid deed of trust. Sale may be subject to Federal tax lien; the IRS may redeem the property within 120 days from the date of sale. Pursuant to Federal law, we advise that this firm is a debt collector attempting to collect the indebtedness described herein and any information obtained may be used for that purpose. This is a communication from a debt collector.
LLOYD MARTIN PLC, Trustee
For more information contact:
Lloyd A. Martin, II, Esquire
LLOYD MARTIN PLC
2218 Mt. Vernon Avenue
Alexandria, Virginia 22301
NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF PROPERTY LOCATED IN MIDDLESEX COUNTY, VIRGINIA
Pursuant to the terms and provisions of a certain Deed of Trust (“Deed of Trust”) dated July 3,2002 and recorded among the land records of Middlesex County, Virginia (the “Land Records”) in Deed Book 343 at Page 878, from Robert Davis, also known of record as Robert E. Davis and Jennifer Jewel, also known of record as Jennifer T. Jewell to Darren Soodak, Trustee, and securing that certain Note (the “Note”) of even date, payable to the order of Equitable Mortgage Group, Inc. (the “Beneficiary”) in the original principal sum of $33,000.00, the Beneficiary having declared an event of default and instructed the undersigned Sole Acting Trustee, by virtue of a Deed of Appointment of Substitute Trustee recorded as Instrument Number 080001871, among the Land Records, to proceed with the Trustee’s sale, the undersigned Sole Acting Trustee will offer for sale at public auction to the highest bidder, on September 23, 2008 11:00 a.m., local time
at the front entrance of the Middlesex County Courthouse Building located at 73 Bowden Street, Saluda, Virginia 23149, all of the certain lot of land together with all improvements and fixtures thereon, and rights and privileges appurtenant thereto, situate, lying and being in Middlesex County, Virginia, described as follows:
All that certain piece or parcel of land, with all improvements thereon, situated in Pinetop Magisterial District, Middlesex County, Virginia, containing four (4) acres, more or less, but conveyed in gross and not by acre. 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 February 1983, a copy of which is recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia, in Deed Book 138, Page 625; and designated as “Tract A, 4.000 Acres”. Said property is substantially bounded on the North by a private right-of-way designated as “Lawson Road (private)”; on the East by other land of the grantors herein, on the South by land now or formerly of Thomas A. Ladd, et ux; and, on the West by land now or formerly of Elizabeth S. Nuckols.
TERMS OF SALE: CASH. A cash deposit of ten percent (10%) of the sales price for the lot purchased by cash, or by certified or cashier’s check, will be required of the successful bidder at the time of sale with the balance due in cash, or its equivalent, within thirty (30) days from the date of said sale. The deposit of the successful bidder at the time of the sale will be retained by the Sole Acting Substitute Trustee pending settlement. TIME IS OF THE ESSENCE. The deposit shall be applied to the credit of the successful bidder at settlement; or in the event of the failure to complete settlement within thirty (30) days from the date of sale, the deposit shall be applied to pay the costs and expenses of sale and against the balance of sums due by the Grantor under the Deed of Trust; including payment of the Sole Acting Substitute Trustee’s compensation.
All costs of the conveyancing, which shall be by special warranty deed, examination of title, recording charges, notary fees, settlement fees, including preparation of deed and grantor’s tax thereon, etc., to be at the cost of the purchaser. Past due real estate taxes, if any, to be paid from proceeds of sale and real estate taxes for the year 2008 to be adjusted to the date of sale.
The sale is subject to filed and unfiled mechanic’s liens and other applicable senior liens and encumbrances, if any, affecting the Property and all covenants, conditions, restrictions, rights-of-way, easements, declarations and reservations, if any, contained in the deeds and any other documents forming the chain of title thereto.
WARRANTIES: Report of title is available for inspection at the offices of Andrew G. Bury, Jr. Esquire, P.C., 40 Cross Street, 3rd Floor, Urbanna, Virginia 23175, but is not warranted in any way. The information with respect to the Property has been obtained from sources deemed reliable and believed to be accurate when given. However, no express or implied warranty is made as to the accuracy of these representations.
THE SUBJECT PROPERTY AND ALL THE IMPROVEMENTS TO THE PROPERTY CONVEYED SHALL BE CONVEYED WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY REPRESENTATION REGARDING ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, IN “AS IS” CONDITION. IN ADDITION, THE WARRANTIES SET FORTH IN THE CODE OF VIRGINIA, SECTION 55-70.1, IF APPLICABLE, ARE ALSO EXCLUDED INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
1. FREEDOM FROM STRUCTURAL DEFECTS;
2. CONSTRUCTION IN A WORKMANLIKE MANNER; AND,
3. FITNESS FOR HABITATION.
MISCELLANEOUS: The Beneficiary reserves the right to bid at the Trustee’s sale. The Trustee reserves the right: (i) to waive the deposit requirements; (ii) to extend the period of time in which the purchaser is to make full settlement; (iii) to withdraw the real property or any portion thereof from sale at any time prior to the sale or termination of the bidding; (iv) to keep the bidding open for any length of time; (v) to reject all bids; (vi) to postpone or set over the date of sale; (vii) to approve the credit worthiness of any bidder and final purchase; and/or (viii) to sell the Property as a whole or in separate parcels. In the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, such notice of postponement or setting over will be announced in a manner deemed reasonable by the Trustee and in accordance with the Code of Virginia and the Deed of Trust.
It will be the responsibility of the Purchaser(s) to obtain possession of the Property(s) at the Purchaser(s) expense. The Purchaser(s) shall assume the risk of loss and shall be responsible for any damage, vandalism, theft, destruction, or the like, of the Property occurring after the date of the above sale.
Written notice of this Trustee’s Sale has been provided pursuant to Section 55-59.1 of the 1950 Code of Virginia, as amended.
ANDREW G. BURY, JR.
Sole Acting Trustee
FOR INFORMATION CONTACT:
Andrew G. Bury, Jr., Esquire
P.O. Box 386
Urbanna, Virginia 23175