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NOTICE OF TRUSTEE’S SALE
OF VALUABLE AND IMPROVED REAL ESTATE
By virtue of and pursuant to the terms of a Deed of Trust dated March 17, 2009, recorded among the Land Records of Northumberland County, Virginia on March 30, 2009 as Instrument No. 200909000881 (the “Deed of Trust”), executed by Joseph Haynes Waters, Virginia Clare Schultz, Kathleen Veronica Gibbs, and Evelyn Gwenne Parker (the “Owner”) to H. Carter Land, Successor Trustee and Martin J.A. Yeager, Successor Trustee (collectively, the “Trustee”) and default having been made in the payment of the indebtedness secured by the Deed of Trust, and having been requested to do so by the holder of the note evidencing the indebtedness (the “Noteholder”) secured by the Deed of Trust, the undersigned Trustee will offer for sale at public auction, at the front of the Northumberland County Circuit Courthouse located at 39 Judicial Place, in Heathsville, Virginia, at:
10:00 a.m., February 29, 2016 (the “Sale Date”)
the following described property with improvements thereon (the “Property”), situate, lying and being in the County of Northumberland, State of Virginia, and being more particularly described as follows:
All that certain lot of land lying and being in Lottsburg Magisterial District, Northumberland County, Virginia containing by survey 1.25 acres, the same being hereby conveyed in gross and not by the acre, the said survey dated June 10, 1960, was made by Charles E. Tomlin, Jr., CLS, and the plat of said survey is recorded in the Clerk’s Office of the Circuit Court of Northumberland County, Virginia in Plat Book 2, at Page 56, which is “bounded as follows: on the north by State Route 625; on the east by the land of Hamilton; on the south by Glebe Creek; and on the west by the land of V.L. Gallagher and the land of Headley.”
Street address of the Property: 928 Cowart Road, Lottsburg, Virginia 22511
Tax Map Reference Number: 10 (1) 39
This sale is subject to all conditions, rights-of-way, easements, and reservations contained in the deeds forming the chain of title to the Property, and subject to any and all liens, including, but not limited to filed and unfiled mechanics’ and materialmens’ liens, to the extent that any of the foregoing may lawfully apply to the Property or any part thereof and take priority over the liens and security interests of the Deed of Trust.
WARRANTIES: THE PROPERTY AND ALL THE IMPROVEMENTS LOCATED THEREON, IF ANY, WILL BE SOLD IN THEIR “AS IS, WHERE IS” CONDITION WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION, CONSTRUCTION, EXTENT OF CONSTRUCTION, STRUCTURAL INTEGRITY, WORKMANSHIP, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MATERIALS, ZONING, OR ENVIRONMENTAL CONDITION.
The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property is within the control of the Owner or other parties in possession and their agents and not within the control of the Trustee, the Noteholder, or their successors or assigns.
TERMS OF SALE: ALL CASH. Purchaser shall pay for all recording charges, settlement fees and all costs of conveyancing. Transfer of title of the Property to the purchaser shall be by special warranty deed of bargain and sale. To bid on the Property, a bidder’s deposit of $10,000.00 must be delivered by each bidder other than the Noteholder to the Trustee prior to the commencement of the sale. The deposit shall be by certified or cashier’s check drawn on a financial institution acceptable to the Trustee and the Noteholder. Settlement in full shall be made within twenty-one (21) days from the date of the foreclosure sale, time being of the essence, and shall occur in the offices of the Trustee or such other place as mutually agreed upon. The Trustee reserves the right to extend the date of settlement as may be necessary to complete arrangements of settlement. Risk of loss or damage to the Property shall be borne by the purchaser from the time of the foreclosure sale. Real estate taxes and other public charges will be pro-rated to the date of the foreclosure sale, and the purchaser shall be responsible for the payment of such taxes and charges beginning as of the date of the foreclosure sale. The Trustee will not deliver possession of all or any part of the Property being sold, possession being the responsibility of the successful purchaser.
Written one-price bids may be received by the Trustee from the Noteholder or any other person for entry by announcement by the Trustee at the sale. The Property will be offered for sale to the highest bidder, subject however to the Trustee’s right to reject any bid that the Trustee deems inadequate and/or unacceptable.
In the event the Trustee deems it best for any reason at the time of sale to postpone, suspend, or continue the sale from time to time, he may do so in accordance with the terms of the Deed of Trust and/or applicable law, and thereafter may sell the Property.
In the event of default, the Property may be sold at the expense (which expense shall include a trustee’s fee and costs of sale) of the defaulting purchaser, and the defaulting purchaser shall be liable for any amount by which the ultimate sales price for the Property is less than the defaulting purchaser’s bid. In addition, the deposit shall be forfeited and applied to the costs of the sale and to the secured indebtedness, subject however, to any agreement between the Noteholder and the Trustee with respect to the Trustee’s commission. After any default and forfeiture of deposit, such Property may, at the discretion of the Trustee, be conveyed to the next highest bidder on such Property whose bid was acceptable to the Trustee. Should the Trustee be unable, for any reason, in his sole reasonable discretion, to convey marketable title, the successful bidder’s sole remedy in law or equity shall be the return of his deposit. Upon refund of the deposit, the sale shall be void and of no effect.
The Trustee reserves the right to amend or supplement the terms of the sale by verbal announcements during the sale, to modify the requirements for bidders’ deposits, to withdraw all or part of the Property from the sale prior to the commencement of bidding and to conduct such other sales as the Trustee may determine in his discretion.
Martin J. A. Yeager
Trustee
For further information, contact:
Martin J. A. Yeager, Trustee
Land, Carroll & Blair, P.C.
524 King Street
Alexandria, Virginia 22314
(703) 836-1000
myeager@landcarroll.com
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PUBLIC NOTICE
Notice is hereby given that Bluff Point Oyster Co. has requested authorization to place up to ten (10) prototype water column cages at various depths within the Chesapeake Bay, north east of Great Wicomico Light in Northumberland County. The array will be linear and approximately 200 feet in length.
Send comments/inquiries within 15 days to: Marine Resources Commission, Habitat Management Division, 2600 Washington Avenue, 3rd Floor, Newport News, Virginia 23607.
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Northern Neck Regional
Special Education Program Surplus
Northern Neck Regional Special Education Program is accepting sealed bids for surplus vehicles. Property is available for viewing and inquiries may be made in person at the bus garage located at 722 Avalon Lane, Heathsville, Va. Sealed bid must be submitted to the Superintendent’s Office located at 2172 Northumberland Hwy, Lottsburg, Va. no later than 2 p.m. on March 11, 2016.