NOTICE OF TRUSTEE’S SALE
88 Watling St., Urbanna, VA 23175 (Tax Map No. 20A-1-88)
13 Watling St., Urbanna, VA 23175 (Tax Map No. 20A-1-89)
15 Watling St., Urbanna VA 23175 (Tax Map No. 20A-1-91)
0 Watling St., Urbanna, VA 23175 (Tax Map No. 20A-24-1B)
0 Watling St., Urbanna, VA 23175 (Tax Map No. 20A-24-2A)
In execution of a Deed of Trust dated January 11, 2007 and recorded as Instrument Number 07101 (the “Deed of Trust”) in the Clerk’s Office (the “Clerk’s Office”) of the Circuit Court of Middlesex County, Virginia (the “Circuit Court”), as assigned to RREF BB Acquisitions, LLC pursuant to a certain Assignment of Security Instrument recorded in the Clerk’s Office as Instrument Number 120001502 and as further assigned to RREF BB-VA PTI, LLC pursuant to an Assignment of Security Instrument recorded in the Clerk’s Office as Instrument Number 13000575, David W. Lannetti and/or Shalanda N. Franklin, the Substitute Trustees, either of whom may act solely, will on October 28, 2013, at 2:00 p.m. at the Middlesex County Circuit Court, which is located at 73 Bowden Street, Saluda, Virginia 23149, offer for sale at public auction to the highest bidder the following properties with improvements thereon:
All of those certain pieces or parcels of land together with all improvements thereon, situated in the Town of Urbanna, Middlesex County, Virginia, containing in the aggregate 1.474 acres, more or less, and being more particularly shown and described as “1.42 +/- Acre”, “Parcel A-1, 0.024 Ac.” And “Parcel C-1, 0.03 +/- Ac.” on a plat prepared by John T. Ward, L.S., dated April 5, 1989, a copy of which is of record in the Clerk’s Office of the Circuit Court, Middlesex County, Virginia, in Plat Book 10, page 11.
This sale is subject to all restrictions, encumbrances, rights of way, conditions, easements, and mechanic’s and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust.
Deposit of ten percent (10%) of the purchase price by certified or cashier’s check shall be required at the time of sale, except from Noteholder. The deposit, without interest, will be applied to the purchase price at settlement. Settlement will be held on or before fifteen (15) days after sale; TIME IS OF THE ESSENCE. Upon purchaser’s default, the deposit shall be forfeited and the property shall be resold at the risk and costs of the defaulting purchaser. The balance of the purchase price shall be paid in cash or its equivalent. Settlement shall be at the law offices of Vandeventer Black LLP at 101 W. Main Street, Suite 500, Norfolk, Virginia or another mutually agreed upon location. The property and any improvements thereon, if any, 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 sale. Purchaser shall be responsible for all costs of the conveyance, which shall be by special warranty, and for payment of all real estate taxes accruing on and after the date of sale. The successful bidder is required to sign a Memorandum of Sale incorporating all the terms of sale, including terms which are not included in this Notice. A copy of the Memorandum of Sale is available upon request from the Substitute Trustee prior to and at the sale. Written notice of this Trustee’s Sale has been sent to the owner and any subordinate lienholders by certified mail in strict compliance with Section 55-59.1 of the Code of Virginia.
David W. Lannetti
and Shalanda N. Franklin
For more information contact David W. Lannetti
or Shalanda N. Franklin
500 World Trade Center
Norfolk, Virginia 23510
Telephone No. 757-446-8600
OF REAL ESTATE KNOWN AS: TOBY’S RESTAURANT
220 JACK’S PLACE
DELTAVILLE, VIRGINIA 23043
CONTAINING 2.108 ACRES, MORE OR LESS, PINETOP MAGISTERIAL DISTRICT, MIDDLESEX COUNTY, VA, TAX MAP #40-202 AND 0.580 ACRES, MORE OR LESS, PINETOP MAGISTERIAL DISTRICT, MIDDLESEX COUNTY, VA, TAX MAP #40-203
In execution of a Deed of Trust, dated January 20, 1999 from Toby’s Inc. recorded in the Clerk’s Office of the Circuit Court of Middlesex County, Virginia in Deed Book 289, at Page 346 granting and conveying property therein described in trust to John S. Martin and Barbara K. McNeal, Trustees, Elizabeth B. Hurd being appointed as Substitute Trustee by document dated September 12, 2013 and recorded in the aforesaid Clerk’s Office as Instrument Number 130001688, the undersigned Substitute Trustee will offer for sale at public auction on November 6, 2013, at 2:00 p.m., at the front entrance of the Middlesex County Circuit Court Building, 73 Bowden Street, Saluda, VA 23149, the real estate lying in Middlesex County, Virginia and more particularly described as follows:
Tract 1: All of those two certain pieces or parcels of land, together with all improvements thereon and appurtenances thereunto appertaining, situate in Pinetop Magisterial District, Middlesex County, Virginia, near Amburg and containing 2.108 acres, more or less. For a more particular description as to the metes and bounds of said land, reference is made to a plat of survey prepared by John T. War, L.S., dated October, 1983, revised December 19, 1984, a copy of which is recorded in the Clerk’s Office of the Circuit Court of Middlesex County in Plat Book 8, at Page 11, and whereon the property is designated as “Parcel A-0.008 AC” and Parcel B- 2.100 ACRES”.
Tract 2: All that certain lot, piece or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, lying and being in Pinetop Magisterial District, Middlesex County, Virginia, containing 0.580 acres, more or less, shown and described on that certain plat of survey entitled “Plat showing survey and location of improvements on the land to be conveyed to Christopher S. Rhodes and Michelle B. Rhodes located in the Pinetop District of Middlesex County, Virginia”, dated July 12, 1994, made by Robert C. Buckley, Jr., Land Surveyor, a true copy of which is recorded in the aforesaid Clerk’s Office in Plat Book 12, at Page 145, and which plat of survey is incorporated herein by reference for a complete and accurate description of the property.
The property shall be sold “AS IS” and the sale is subject to all restrictions, rights of way, conditions, easements, judgments, liens, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust, and to the real estate taxes from the date of the sale.
TERMS OF SALE: All cash. A deposit of $10,000.00 cash or by bank cashier’s check payable to the Substitute Trustee will be required of the successful bidder at the time of sale, with the balance due within fifteen (15) days of sale. In the event of default by the purchaser, the deposit shall be forfeited and applied to the costs and expenses of sale and the trustee’s compensation authorized by the deed of trust and the law in such cases.
Conveyance of the property shall be by trustee’s Special Warranty Deed. Except for the statutory grantor’s tax paid by the trustee, all costs of conveyance, including, but not limited to, examination of title, recording fees, and settlement fees, shall be at the cost of the purchaser.
The trustee reserves the right to reject all bids and withdraw the property from sale, waive the deposit requirements in whole or in part, and extend the period of time in which the purchaser is to make full settlement. Additional terms of sale may be announced at the sale.
THIS COMMUNICATION IS
FROM A DEBT COLLECTOR.
For information contact:
Elizabeth B. Hurd
Substitute Trustee Dunton, Simmons
& Dunton, L.L.P.
678 Rappahannock Drive
P.O. Box 5
White Stone, VA 22578
fax: 804-435-1614 PUBLISH: October 10, 17, 24
and 31, 2013.
TRUSTEE’S SALE OF
Lot 3 Locust Grove
a/r/t/a 842 Robinson Lane
Topping, VA 23169
In execution of a certain deed of trust dated September 22, 2005, in the original principal amount of $298,300.00 recorded in the Clerk’s Office, Circuit Court for Middlesex County, Virginia, in Instrument No. 050002696, and modified on June 20, 2006, to decrease the principal balance to $298,300.00. This modification agreement was recorded in Instrument No. 060002412, 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 the front of the Circuit Court building for Middlesex County, Route 17 and 33, Saluda, VA 23149, on November 08, 2013, at 2:30 PM, the property described in said deed of trust, located at the above address, and more particularly described as follows: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATED IN SALUDA MAGISTERIAL DISTRICT, MIDDLESEX COUNTY, VIRGINIA, LYING ON MEACHAM’S CREEK AND CONTAINING 2.50 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 WAYNE E. LEWIS, L.S., DATED MAY 7, 2001, ENTITLED “PLAT OF DIVISION ON A PORTION OF LOCUST GROVE FARM, INC.,” A COPY OF WHICH IS RECORDED IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF MIDDLESEX COUNTY, VIRGINIA IN PLAT BOOK 15, AT PAGE 204, AND BY REFERENCE HERETO IS INCORPORATED HEREWITH, WHEREON SAID PLAT THE PROPERTY HEREBY CONVEYED IS SHOWN AND DESIGNATED AS “PARCEL 3, 2.50 AC.±.”
TERMS OF SALE: ALL CASH. 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 the sale. The balance of the purchase price will be due within fifteen (15) days of sale, otherwise Purchaser’s deposit may be forfeited to Trustee. Time is of the essence. 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 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 his deposit without interest. Additional terms to be announced at the sale. A form copy of the Trustee’s memorandum of foreclosure sale and contract to purchase real property is available for viewing at http://www.bwwsales.com. This is a communication from a debt collector and any information obtained will be used for that purpose. The sale is subject to seller confirmation.
Equity Trustees, LLC
2101 Wilson Boulevard
Arlington, VA 22201
For information contact:
BWW Law Group, LLC
Equity Trustees, LLC
4520 East West Highway
Bethesda, MD 20814
IN THE CIRCUIT COURT OF
THE COUNTY OF MIDDLESEX
COUNTY OF MIDDLESEX,
a Political Subdivision of the
Commonwealth of Virginia,
v. Case No. CL13-87
ALICE M. DANIEL BENJAMIN
(ESTATE), ET AL.,
ORDER OF PUBLICATION
The object of this suit is to enforce
the lien of the Complainant, County of Middlesex, Virginia, for delinquent real estate taxes against certain real property located in County of Middlesex, Virginia, described as follows:
Tax Map No. 41-9-2
Account No. 592
All those certain lots, piece or parcels of land located in the Pinetop District, Middlesex County, Virginia, known as Lots 2 and 2A as shown and more particularly described on plat of survey entitled, “Plat of Partition of Property on Sturgeon Creek, Middlesex County, Virginia, Between the Heirs of George B. and Addie B. Daniel, Made by Commissioners in Chancery Cause of Benjamin V. Alvern on Octember(sic) 17, 1955 survey”, dated August 27, 1955 revised December 3, 1955 and recorded in the Clerk’s Office of the Circuit Court for the County of Middlesex, Virginia in Deed Book 71 at Page 389.
And being the same real property conveyed to Alice Marie Daniel Benjamin from James Crittenden, H. G. Barnes, and E. B. Wood, Commissioners, by Partition Deed dated March 29, 1956 and recorded among the records of the Clerk’s Office of the Circuit Court of Middlesex County, Virginia in Deed Book 71 at Page 387.
This description is made subject to all easements, conditions, agreements, restrictions, and reservations of record which affect the property herein conveyed, including but not limited to, those mentioned in Deed Book 295 at Page 186, Deed Book 277 at Page 713 and Deed Book 281 at Page 549.
IT APPEARING that an Affidavit has been made and filed stating that due diligence has been used, without effect, to ascertain the identity and location of certain parties to be served, that the last known addresses for the Respondents herein are as follows: Alice Marie Daniel Benjamin (Estate), whose last known address is unknown; Mythle Alvern Daniel Greensfelder, whose last known address is 9301 Northeast 6th Avenue, Miami Shores, Florida 33138; Laymond A. Daniel, Sr., whose last known address is P.O. Box 444, Deltaville, Virginia 23043; Margaret C. Daniel, whose last known address is unknown; Laymond A. Daniel, Jr., whose last known address is 11115 Bugle Lane, Mechanicsville, Virginia 23116; and that any officers, heirs, devisees, and successors in title of the Respondent named herein are made parties Respondent to this action individually and/or by the general description of Parties Unknown, it is hereby
ORDERED that the parties herein and all Parties Unknown and/or whose location cannot be ascertained appear on or before November 4, 2013 in the Clerk’s Office of the Circuit Court of County of Middlesex, Virginia, and do what may be necessary to protect their interests in this cause.
Entered on the 2nd day of
R. Bruce Long
I Ask For This:
Jeffrey A. Scharf, Esq.
(VSB No. 30591)
Mark K. Ames, Esq.
(VSB No. 27409)
John A. Rife, Esq.
(VSB No. 45805)
Consulting Services, PC
P.O. Box 1270
Midlothian, Virginia 23113