I, WILTON ROGER MARSHALL III, will no longer be responsible for any debts other than my own as of November 7, 2016.
Wilton Roger Marshall, III
NOTICE OF TRUSTEE’S SALE
REAL ESTATE PROPERTY
Tax Map No: 30-11D
72 GATSBY LANE
TOPPING, VIRGINIA 23169
In execution of a certain Deed of Trust dated November 10, 2015, in the original principal amount of $63,250.00 and recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia (“Clerk’s Office”) on November 12, 2015 as Instrument Number 150001853, (the “Deed of Trust”) default having occurred in the payment of the Note thereby secured, and being requested to do so by the holder of the note (“Noteholder”) secured by the Deed of Trust (the “Note”), James H. Ward, Jr., (“Trustee”) after giving notice as required under the terms of the Deed of Trust and 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 Courthouse Building, 73 Bowden Street, Saluda, Virginia 23149 on December 9, 2016 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 72 Gatsby Lane, Topping, Virginia 23169, being described in said Deed of Trust and more particularly described as follows:
ALL that certain lot, piece or parcel of land with improvements thereon and appurtenances thereto belonging, lying and being in the Pinetop Magisterial District, Middlesex County, Virginia, containing 0.51 acre, as shown on a certain plat of survey by R. H. Highland, Certified Land Surveyor, dated September 24, 1973, a true copy of which is recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia in Plat Book 109, at page 236 and to which reference is hereby made for the metes and bounds description of the lot or parcel of land herein.
TOGETHER WITH a non-exclusive easement of right-of-way for ingress and egress over and upon certain thirty (30) foot roads as shown on the aforesaid plat of R. H. Highland in a northerly direction from Route 699 and in an easterly direction along the northern boundary line of the lot or parcel of land herein conveyed.
TERMS OF SALE: All Cash. A cash bidder’s deposit of $5,000 (in the form of a cashier’s check made payable to the Trustee) shall be required at the time of sale. Successful bidder shall execute a contract at end of sale. Settlement to occur in the office of the Trustee within 30 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 responsible for any real estate taxes, penalties and interest and any water/sewer charges 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 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. Sale is subject to Noteholder 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 or warranties as to accuracy.
FOR INFORMATION CONTACT:
JAMES H. WARD, JR.
837 Gloucester Road
Post Office Box 356
Saluda, Virginia 23149
(11-17, 11-23, 12-1, 12-8, 2016)