NOTICE OF OYSTER
Kyle Green (2016221) has applied for approximately 25 -+ acres of oyster planting ground in the Piankatank River situated in Middlesex County and described as follows:
North By: Fitchett PF #4501
East By: Fitchett PF #4501
South By: PG 3-Middlesex
West By: Fitchett PF #4501
Send comments or concerns to: Marine Resources Commission, Engineering/Surveying Dept., 2600 Washington Ave., 3rd Floor, Newport News, VA 23607.
For more specific application location information call 757-247-2230. (12-8-4t)
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)
TOWN OF URBANNA
NOTICE OF PUBLIC HEARING
The Urbanna Town Council will hold a public hearing regarding a proposed Resolution for the Exemption from Taxation of Certain Real Estate Owned and Occupied by Elderly Persons or Totally Disabled Persons at a meeting December 19, 2016, at 7:00p.m., in the Council Chambers at Town Hall. A copy of the proposed resolution is available for viewing at the Town Office during regular business hours. (12-8-1t)
SUBSTITUTE TRUSTEE’S SALE
132 Dockside Drive
Deltaville, VA 23043
Tax Map I.D.41-25-A-3A
In execution of a certain deed of trust to Kathryn Richards and Jerry B. Flowers, III, Trustees, dated September 14, 2010, in the original principal amount of $120,000.00; recorded in the Clerk’s Office, Circuit Court of Middlesex County, Virginia, as Document #110 1623 for whom W. Leslie Kilduff, Jr. has been substituted as Substitute Trustee, by that certain instrument of substitution, dated November 14, 2016, default having been made in the payment of the debt therein secured and at the request of the noteholder, the undersigned Substitute Trustee 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 Courthouse in Middlesex County, Virginia, located at 73 Bowden Street, Saluda, Virginia 23149, on December 19, 2016 at 2:00 p.m., E.D.T., the real estate with improvements thereon located in Pinetop Magisterial District, Middlesex County, Virginia, more particularly described as:
All that certain tract or parcel of land, with the improvements thereon and appurtenances thereto belonging, lying, being and situate in Pinetop Magisterial District, Middlesex County, Virginia, fronting on State Route #1112 (Dockside Drive), containing 0.63 acres, more or less, and shown and designated as Parcel 3-A on a plat of survey prepared by Jeffrey L. Howeth, L.S. dated March 10, 2010, entitled “Plat Showing the Minor Subdivision of the Property of Turnpike Hospitality Corporation”, a copy of which is recorded in Plat Cabinet 2, Slide 23-1 & 2, among the land records of Middlesex County, Virginia, and is incorporated herein by reference, and to which reference is made for a more accurate and particular description of the property conveyed. Together with a ten (10) foot waterline utility easement to an existing well and pump house and an existing hydropneumatic storage tank located on Parcel 3 (residue lot) as shown on the aforementioned Howeth plat of survey.
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 Trustee 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 Trustee 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.
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 Code of Virginia.
W. LESLIE KILDUFF, JR.
48 S. Main Street
P.O. Box 1801
Kilmarnock, VA 22482
(11-23, 12-1, 12-8, 12-15, 2016)
OF 647 TRANQUILITY LANE DELTAVILLE, VIRGINIA 23043
COUNTY OF MIDDLESEX
In execution of a certain deed of trust dated 09/28/05, in the original principal amount of $862,500.00 recorded in the County of Middlesex, Virginia, in Deed Book 421, Page 857, as amended by an instrument appointing the undersigned as Substitute Trustee, default having occurred in the payment of the Note thereby secured and at the request of the holder, the undersigned Substitute Trustee will offer for sale at public auction in front of the building housing the Circuit Court of the COUNTY OF MIDDLESEX, VA located at Routes 17 & 33, Courthouse, Saluda, Virginia, 23149 on December 28, 2016, at 1:30 PM, the property described in said deed of trust, located at the above address, with improvements thereon and more particularly described as follows: LOT 2, MILL CREEK HARBOR SUBDIVISION, PLAT RECORDED IN MIDDLESEX COUNTY, IN DEED BOOK 153, PAGE 718. TERMS OF SALE: 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 sale. The risk of loss or damage to the property passes to the purchaser immediately upon the conclusion of the Substitute Trustee’s sale. Terms: A bidder’s deposit of ten percent (10%) of the sale price or ten percent (10%) of the original principal balance of the subject deed of trust, whichever is lower, in the form of cash or certified funds payable to the Substitute Trustee must be present at the time of sale. The balance of the purchase price will be due within 20 days at the office of the Substitute Trustee. 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 twenty days of the sale date, the deposit will be forfeited. Seller shall not be responsible for any costs incurred by the purchaser in connection with their purchase or settlement, including, without limitation, state and local recording fees, title insurance or research, or any other costs of purchaser’s acquisition. Trustee shall have no duty to obtain possession for purchaser. All risks of casualty pass to successful bidder at conclusion of bidding. 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. 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(s) 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 the Purchaser’s deposit without interest. Additional terms to be announced at the sale.
For more information contact:
Jonathan Stapor, Esq.
member of Surety Trustees
(12-1, 12-8, 2016)