NOTICE OF SUBSTITUTE TRUSTEE SALE
Published 3:38 pm Tuesday, December 11, 2012
By virtue of the power and authority contained in a Deed of Trust dated June 25, 2009, and recorded at Instrument Number 20090836 in the Clerk's Office for the Circuit Court for Cumberland, VA, securing a loan which was originally $172,975.00. The appointed SUBSTITUTE TRUSTEE, Commonwealth Trustees, LLC will offer for sale at public auction at Main Entrance of the Circuit Court for Cumberland, 1 Courthouse Circle, Cumberland, VA on January 11, 2013 at 1:00 PM improved real property, with an abbreviated legal description of 93 Ampthill Road, Cartersville, VA 23027
ALL that certain lot, piece or parcel of land, with all improvements thereon and appurtenances thereto belonging, lying and being in the Hamilton District of Cumberland County, Virginia, containing 5.00 acres as shown on a plat of survey dated November 6, 2006 entitled “Plat Showing 5.00 Acres of Land Lying West of State Route No. 602 Hamilton District – Cumberland County, VA”, prepared by Woodrow K. Cofer, C.L.S., a copy of which is attached to and recorded with a certain Deed recorded as Instrument No. 20062295 in the Clerk's Office, Circuit Court, Cumberland County, Virginia, to which plat reference is hereby made for a more particular description.
TOGETHER WITH AND SUBJECT TO an easement for ingress and egress, 30 feet in width, running from State Route 602, to the property described hereinabove, which easement is shown on the aforesaid plat. Said easement shall be in perpetuity and run with the property described hereinabove, and shall be for the use of same by the Grantees, for the mutual use and benefit, and that of their heirs, successors and assigns, said easement lying 15 feet on either side of the center line of existing improved roadway.
BEING the same property conveyed to Garland Leslie Gills, II and Cassandra Jeanne Gills, by deed from Garland L. Gills and Joanne D. Gills, dated November 9, 2006, and recorded December 5, 2006, in the Clerk's Office, Circuit Court, Cumberland County, Virginia, as Instrument No. 20062295., and as more fully described in the aforesaid Deed of Trust.
TERMS OF SALE: The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust to be announced at the time of sale. A deposit of $18,000.00, or 10% of the sale price, whichever is lower, in cash or cashier's check payable to the SUBSTITUTE TRUSTEE will be required at the time of sale. The balance of the purchase price, with interest at the rate contained in the Deed of Trust Note from the date of sale to the date said funds are received in the office of the SUBSTITUTE TRUSTEE, will be due within fifteen (15) days of sale. In the event of default by the successful bidder, the entire deposit shall be forfeited and applied to the costs and expenses of sale and Trustee's fee. All other public charges or assessments, including real property taxes, water/sewer charges, ground rent, condo/HOA dues or assessments, whether incurred prior to or after the sale, and all other costs incident to settlement to be paid by the purchaser. In the event taxes, any other public charges or condo/HOA fees have been advanced, a credit will be due to the seller, to be adjusted from the date of sale at the time of settlement. Purchaser agrees to pay the Seller's attorneys at settlement, a fee of $295.00 for review of the settlement documents.
Additional terms will be announced at the time of sale and the successful bidder will be required to execute and deliver to the Substitute Trustees a memorandum or contract of the sale at the conclusion of bidding.
For Information Contact:
Rosenberg & Associates, LLC
(Attorney for Commonwealth Trustees, LLC)
7910 Woodmont Avenue,
Suite 750
Bethesda, Maryland 20814
301-907-8000
www.rosenberg-assoc.com
12-12-2t(W)12-19