TRUSTEE'S SALE OF 35 Cherokee Trail Cartersville, VA 23027

Published 4:30 pm Tuesday, August 31, 2010

In execution of a certain deed of trust dated December 29, 2006, in the original principal amount of $162,450.00 recorded in the Clerk's Office, Circuit Court for Cumberland County, Virginia, in Instrument No. 20070021, and modified on July 02, 2009, to increase the principal balance to $167,804.73, 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 29, 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 LOT OR PARCEL OF LAND IN THE HAMILTON MAGISTERIAL DISTRICT OF CUMBERLAND COUNTY, VIRGINIA, CONTAINING 5 ACRES, MORE PARTICULARLY DESCRIBED AS LOT 50 ON PLAT OF FAIRVIEW FARMS, PLAT OF FAIRVIEW FARMS IS RECORDED IN PLAT BOOK 4, PAGE 91, REFERENCE IS ALSO MADE TO PLAT MADE BY ROBERT L. LUM, C.L.S., DATED OCTOBER 22, 1981, AND RECORDED IN THE CLERK'S OFFICE, CIRCUIT COURT, CUMBERLAND COUNTY, VIRGINIA WITH DEED IN DEED BOOK 152, PAGE 238, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID REAL ESTATE..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 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, 2020 N. 14th Street, Suite 750, Arlington, VA 22201, (703) 548-4600. For information contact: Bierman, Geesing, Ward & Wood, LLC, attorneys for Equity Trustees, LLC, 4520 East West Highway, Suite 200, Bethesda, MD 20814, (301) 961-6555, website: BGWW# 113020 ASAP# 3712286 09/01/2010, 09/08/2010

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