Public Notices

TRUSTEES’ SALE of Valuable Real Estate located in Northumberland County, Virginia known as 302 Ferlazzo Lane 70 Ferlazzo Lane 1714 Mundy Point Road Callao, VA 22435
By virtue of the power and authority contained in a Deed of Trust from Timothy L. Kissler and Tracy S. Kissler to Thomas K. DeYoung and Diane Begg, Trustees, bearing the date of May 11, 2007, and recorded among the Land Records of Northumberland County, Virginia, in Deed Book 662, Page 623, as amended, and any filed UCC Financing Statement (collectively, the “Loan Documents”) and at the request of the party secured thereby, default having occurred in the terms and conditions thereof, the undersigned, as Substitute Trustees for the Trustees named in said Deed of Trust by Deed of Appointment, will sell at public auction in front of the Circuit Court for Northumberland County, 39 Judicial Place, Heathsville, Virginia, on October 24, 2014, at 12:00 p.m., all the property described in said Loan Documents.
The property, which includes all of the right, title and interest, if any, of Timothy L. Kissler and Tracy S. Kissler, or those claiming under the aforesaid grantor(s), in and to the land and all buildings and improvements thereon, and all fixtures, machinery, furniture, equipment, tenements, hereditaments and appurtenances and other property interests, and all personalty used in connection with the land of every kind and nature whatsoever, and owned by the aforesaid grantor(s) as are located in, on or about the land on the date of the sale and that are subject to the Loan Documents (collectively, the “Property”). A list of the Property will be announced at the time of sale if made available to the Trustees.
The real estate is identified as follows:
Parcel A- 302 Ferlazzo Lane, Lottsburg Magisterial District (4 tax parcels), Tax Nos. 2-1-115D (designated parcel A on Plat Slide 1-146); 2-1-63C (designated parcel B on Plat Slide 1-146); 2-1-116 (designated parcel C on Plat Slide 1-146) & 2-1-63E (designated as R/W 242.32 on Plat recorded at 210/541), collectively consisting of 27.41 acres, more or less. The waterfront property is purported to include the following amenities: Four bedroom, 2.5 bath farmhouse with 3 fireplaces, pool & pool house, numerous garages, boat storage, slips & ramp, gazebo & picnic shelter with kitchen.
Deposit is $150,000.00.
Parcel B – 70 Ferlazzo Lane, Lottsburg Magisterial District, Tax No. 2-1-115E, (designated on Plat recorded at 176/270-A), consisting of 1.28 acres, more or less.
Deposit is $25,000.00.
Parcel C – 1714 Mundy Point Road, Lottsburg Magisterial District, Tax No. 2-1-63, consisting of 6.50 acres, more or less.
Deposit is $25,000.00.
Terms of Sale
The Property will first be offered in separate parcels, and then each parcel will be offered as an entirety and the Property will be sold to the bidder or bidders offering the highest aggregate amount therefor.
The Property will be sold in “AS IS, WHERE IS” condition, without recourse. Neither the Trustees, the noteholder secured by the Loan Documents, the Auctioneer, nor any of their respective agents, successors or assigns (collectively, the “Selling Parties”) make any representations or warranties, express or implied, with respect to the Property, or any tenancies or parties in possession, including without limitation, the description, use, structural integrity, physical condition, construction, extent of construction, workmanship, materials, habitability, subdivision, zoning, environmental condition, compliance with building codes or other laws (such as Americans with Disabilities Act), ordinances or regulations, fitness for a particular purpose, or merchantability of all or any part of the Property. The purchaser waives and releases the Selling Parties from any and all claims the purchaser and/or the purchaser’s successors and assigns may now have or may have in the future relating to the condition of the Property, including but not limited to the environmental condition thereof. The purchaser shall assume the risk of loss or damage to the Property after the time of the foreclosure sale. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, and all other encumbrances having priority over the Loan Documents, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property. The Property will not be sold subject to tenancies entered into subsequent to the recording of the Deed of Trust or otherwise subordinated to the Loan Documents unless set forth herein or announced at the time of sale. All interested bidders are encouraged to contact the appropriate governmental authorities prior to the sale date regarding the permitted uses of the Property and the requirements, if any, for construction, completion and/or development.
A deposit will be required at the time of sale in the amount of Two Hundred Thousand Dollars ($200,000.00) if the Property is sold in the aggregate or the amounts set forth above for each parcel if the Property is sold in parcels, or 10% of the successful bid(s), whichever is less, such deposit(s) to be in cashier’s check, certified check, or in such other form as the Trustees may determine, in their sole discretion. Whenever the purchaser is also the noteholder secured by the Loan Documents, payment of the required deposit(s) and the purchase price is made by crediting the amount thereof to the indebtedness. The Trustees reserve the right, in their sole discretion, to reject any or all bids, withdraw the property from sale, waive the deposit requirement, in whole or in part, and extend the period of time in which the purchaser is to complete settlement. The balance in cash or immediately available funds, with interest at eight per centum (8%) per annum from the date of sale to the date of settlement or the date the balance of the proceeds are received by the Trustees, whichever is later, is due and shall be paid within ten (10) days after the date of sale. There will be no abatement of interest due from the purchaser in the event additional funds are tendered before settlement or if settlement is delayed for any reason. The noteholder shall not be obligated to pay interest if it is the purchaser. TIME IS OF THE ESSENCE FOR THE PURCHASER.
Adjustment of current year base real property taxes will be made as of the date of sale and thereafter be assumed by the purchaser. Title examination, conveyancing, recording charges, notary fees, Grantor’s tax, Regional congestion relief fee, Deed preparation, state and county/city transfer taxes, all other taxes, public charges and special or regular assessments, water and sewer charges, including penalties and interest, if any, and all other costs incident to settlement are to be paid by the purchaser. Conveyance of the Property shall be by Trustees’ Deed, without covenant or warranty, express or implied, unless otherwise required by statute, court rule or the Loan Documents. In the event the Trustees are unable for any reason to convey title, the purchaser’s sole remedy at law or in equity shall be to request and to receive a return of the deposit. Upon return of the deposit, this sale shall be void and of no effect and the purchaser shall have no further claim against the Selling Parties.
Compliance with terms of sale shall be made within ten (10) days after the date of sale at the office of the Trustees or such other place mutually agreed upon or the deposit shall be forfeited to the Trustees for application against all expenses, attorney’s fees and commissions. In the event of default, all expenses of this sale (including attorney’s fees and commissions) shall be charged against and paid out of the forfeited deposit as authorized by the Loan Documents and the law in such cases. The Trustees may then readvertise and resell the Property at the risk and cost of the defaultant purchaser; or, without reselling the Property, the Trustees may avail themselves of any legal or equitable remedies against the defaulting purchaser. In the event of a resale, the defaulting purchaser shall not be entitled to receive the surplus, if any.
Additional terms of sale may be announced at the time of sale. This communication is from a debt collector and any information obtained will be used for that purpose.
Marc D. Lipman
Foreclosure Trustees, Inc.
Substitute Trustees
FOR INFORMATION CONTACT:
Benjamin P. Smith
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
12505 Park Potomac Avenue, Sixth Floor
Potomac, MD 20854
(301) 230-5241
File No. 113852.00316
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SALE OF 21.16 ACRES, MORE OR LESS, NEAR HEATHSVILLE, NORTHUMBERLAND COUNTY, VA
AT HOWLAND CHAPEL & FIRST BAPTIST CHURCH
ROUTES 201 & 610 WITH LONG FRONTAGE
ON ROUTE 610
Per Order of the Circuit Court of Northumberland County in civil case Etna N. Blackwell, et al v Lawson C. Laws, et als.(CA #08-48), the Commissioner will sell at auction on Saturday, November 1, 2014, at 11 a.m., in front of the old Courthouse, in Heathsville:
A tract of land, with an old residential building, at 2772 Knights Run Road, CONTAINING 21.16 ACRES, MORE OR LESS, BUT SOLD IN GROSS AND NOT BY THE ACRE, in Heathsville Magisterial District, and being the land conveyed to John C. Laws (now deceased) from Mary T. Davis and others, by a deed dated June 15, 1956, recorded in Deed Book 105 Page 297. TM PARCEL 34-1-7
TERMS OF SALE
Successful bidder required to sign a memorandum of sale. Deposit of 10% of successful bid by cash or good check. Sealed written bids accepted and opened and read before the start of the public bidding. Sealed bids must be received before the time announced for the sale, and bidder solely responsible for timely delivery. Public bidding shall be off the highest written sealed bid. PROPERTY SOLD “AS IS” without representation as to condition of the improvements. SALE SUBJECT TO COURT’S CONFIRMATION, and closing held 15 days after confirmation. Title conveyed by SPECIAL WARRANTY, subject to such easements and conditions of record that do not affect marketability of title as determined by the Court. Taxes prorated as of date of confirmation by the Court. Seller pays for deed and grantor’s tax. Purchaser pays all other closing costs.
Mervin C. Withers, Special Commissioner
P. O. Box E (65 Hampton Hall Road) Callao, Virginia 22435
(804-529-7301, 804-529-5900 fax)
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NOTICE OF OYSTER GROUND APPLICATION
LAKE FARMS, INC., (2014223) has applied for approximately 2.5-+ acres of oyster planting ground in Kingscote Creek near Lake Francis Ln situated in Northumberland City/County and described as follows:
North By: MLW
East By: Thomas PF14130
South By: Lake Farms, Inc. PF9658
West By: HIll PF14979
Lat/Long: N38-00.0546 W76-28.2095
Send comments or concerns to:
Marine Resources Commission, Engineering/Surveying Department, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607
For more specific application location information call (757) 247-2230
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NOTICE OF OYSTER GROUND APPLICATION
Gary S. Kilmon, (2014224) has applied for approximately 10-+ acres of oyster planting ground in South Yeocomico River near Cornish Creek situated in Northumberland City/County and described as follows:
North By: P.G. #11; MLW
East By: Bevans PF14934
South By: P.G. #107; MLW
West By: Vacant
Lat/Long: N38-01.4506 W76-32.2164
Send comments or concerns to:
Marine Resources Commission, Engineering/Surveying Department, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607
For more specific application location information call (757) 247-2230
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NOTICE OF OYSTER GROUND APPLICATION
Cleveland F. Dameron, (2014234) has applied for approximately 6-+ acres of oyster planting ground in Penny Creek near Cove situated in Northumberland City/County and described as follows:
North By: Harding, III PF18019
East By: Sisson PF18021; P.G. 20
South By: MLW; Sisson PF18028
West By: MLW
Lat/Long: N37-50.3517 W76-19.7899
Notes: To include PF’s 18043 & 18045
Send comments or concerns to:
Marine Resources Commission, Engineering/Surveying Department, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607
For more specific application location information call (757) 247-2230
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BWW#: 185330
TRUSTEE’S SALE OF 1024 Sandy Beach Road, AKA Lot 35, Sands On The Potomac, Heathsville, VA 22473. In execution of a certain deed of trust dated July 30, 2007, in the original principal amount of $291,114.00 recorded in the Clerk’s Office, Circuit Court for Northumberland County, Virginia, in Deed Book 668 Page 139, and modified on May 01, 2008, in instrument No. 200808001794, the undersigned Substitute Trustee will offer for sale at public auction in the front of the Circuit Court building for Northumberland County, 39 Judicial Place, Heathsville, VA 22473 on November 20, 2014 at 4:30 pm the property described in said deed of trust, located at the above address and more particularly described as follows: ALL THAT CERTAIN LOT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON SITUATED AND APPURTENANCES THERETO BELONGING IN OR OTHERWISE APPERTAINING, LYING IN HEATHSVILLE MAGISTERIAL DISTRICT, NORTHUMBERLAND COUNTY, VIRGINIA, DESIGNATED AS LOT 35, SANDS ON THE POTOMAC SUBDIVISION, AND MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY ENTITLED “SANDS ON THE POTOMAC”, DATED MARCH 6, 1989, MADE BY CHARLES E. TOMLIN, JR., C.L.S., RECORDED IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF NORTHUMERLAND COUNTY, VIRGINIA IN PLAT BOOK 6 AT PAGE 87, ET SEQ., TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE PROPERTY HEREIN. 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled to a return of the deposit paid. The Purchaser may, if provided by the terms of the Trustee’s Memorandum of Foreclosure Sale, be entitled to a $50 cancellation fee from the Substitute Trustee, but shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. 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.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. Substitute Trustee: Equity Trustees, LLC, 2101 Wilson Boulevard, Suite 402, Arlington, VA. For more information contact: BWW Law Group, LLC, attorneys for Equity Trustees, LLC, 6003 Executive Blvd., Suite 101, Rockville, MD 20852, (301) 961-6555, website: www.bwwsales.com.

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