TRUSTEE'S SALE OF 295 Deep Run Road Cartersville, VA 23027
Published 12:40 pm Thursday, August 19, 2010
In execution of a certain deed of trust dated January 09, 2006, in the original principal amount of $165,000.00 recorded in the Clerk's Office, Circuit Court for Cumberland County, Virginia, in Instrument No. 20060046, 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 at the front steps of the Circuit Court for Cumberland County, Route 60, County Office Building, Cumberland, Virginia, on September 10, 2010, at 8:30 AM, the property described in said deed of trust, located at the above address, and more particularly described as follows: ALL THAT CERTAIN PARCEL OF LAND LYING IN THE HAMILTON MAGISTERIAL DISTRICT OF CUMBERLAND COUNTY, VIRGINIA, CONTAINING 36 ACRES, MORE OR LESS, BUT CONVEYED BY THE BOUNDARY AND NOT BY THE ACRE, LYING ON THE WEST SIDE OF A FARM ROAD AND ADJOINING THE LANDS OF W. P. SANDERSON ON THE NORTH AND MARTHA TAYLOR ON THE WEST AND SOUTH. TOGETHER WITH A 25-FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE PRIVATE ROAD RUNNING FROM STATE ROUTE NO. 616 ACROSS PROPERTY OF THE GRANTOR TO PROPERTY OF THE GRANTEE, FORMERLY OWNED BY RICHARD MADISON, AS SHOWN ON A SURVEY DATED NOVEMBER 7, 1972, PREPARED BY RALPH P. HINES, C.L.S., A COPY OF WHICH IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF CUMBERLAND COUNTY, VIRGINIA, IN DEED BOOK 134, AT PAGE 88. REFERENCE IS MADE TO THE AFORESAID SURVEY FOR A MORE PARTICULAR LOCATION OF THE SAID 25-FOOT ACCESS ROAD. THE CENTER LINE OF THE 25-FOOT ACCESS ROAD SHALL BE THE CENTER LINE OF THE PRIVATE ROAD WITH 12 1/2 FEET OF THE ACCESS ROAD BEING ON EACH SIDE OF THE CENTER LINE OF THE PRIVATE ROAD AS SHOWN ON THE AFORESAID SURVEY. 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 www.bgwsales.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. Substitute Trustee: Equity Trustees, LLC,