• 64°

SUBSTITUTE TRUSTEE'S SALE

TAX ID# 51-A-A

51-A-41-E

65-A-16

66-A-2

51-A-T

51-A-41-E1

In execution of a deed of trust executed by Grantor dated December 19, 2007, and recorded in the Clerk's Office of the Circuit Court for the County of Prince Edward, Virginia, as Instrument No. 200703372, as modified by Modified Deed of Trust dated July 19, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 200801898, and as modified by Second Modified Deed of Trust dated May 15, 2009 and recorded in the aforesaid Clerk's Office as Instrument No. 200901059, and as modified by Third Modification Agreement dated March 4, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 201000448, the undersigned, Jill C. Dickerson, Substitute Trustee, will offer for sale at public auction at the front entrance of the Prince Edward County Court House, located on Main Street, Farmville, Virginia on the 1st day of November, 2010, 10:00 a.m., the property described in said deed of trust and modifications thereto, lying in the County of Prince Edward, State of Virginia, and more particularly described as follows:

TRACT I:

ALL of those certain tracts or parcels of land situated in Farmville Magisterial District, Prince Edward County, Virginia, totaling in aggregate 238.119 acres, more or less, and being more particularly described on unrecorded plats prepared by Draper Aden Associates and indicated thereon as follows:

Lot A containing 54.100 acres,

Lot B containing 9.052 acres,

Lot C containing 33.542 acres,

Lot D containing 22.495 acres,

Lot E containing 42.524 acres,

Lot R containing 17.625 acres,

Lot S containing 35.497 acres, and

Lot V containing 23.284 acres

and being more particular described in instrument recorded in Deed Book 341 at page 646, to which instrument reference is hereby made for a complete description of the property by metes and bounds. The same being also shown by general boundaries on that certain plat entitled “PLAT SHOWING 443.5 +/- ACRES OF LAND, BEING THE REMAINDER OF POPAR HILL FARM, (PARCELS #1 AND #2), PARCEL “T” AND PARCEL “U”, LOCATED IN THE FARMVILLE DISTRICT OF PRINCE EDWARD COUNTY, VIRGINIA”, prepared by Draper Aden Associates, Consulting/Engineers/Surveyors” dated December 12, 2001, last revised June 7, 2006, which plat is recorded in the Clerk's Office, Circuit Court, Prince Edward County, Virginia in Plat Cabinet A, Slide 373, #3-4 to which plat reference is also hereby made for a more particular description of the property conveyed.

LESS AND EXCEPT that portion of Parcel “S” conveyed to Poplar Hill Community Development Authority, Prince Edward County, Virginia, by Deed of Boundary Line Adjustment, Property Exchange and Partial Release, dated September 30, 2004, recorded October 8, 2004, as Instrument No. 200402608, and identified as that portion of Parcel “S” lying within the bounds of “NEW PROPERTY LINE PER RECORDATION OF THIS PLAT” and “OLD PROPERTY LINE TO BE VACATED UPON RECORDATION OF THIS PLAT” as set forth on plat entitled “COMPILED PLAT SHOWING THE RECONFIGURATION OF PARCEL “S” BEING A 35.348 ACRE DIVISION OF LAND LOCATED IN THE FARMVILLE DISTRICT OF PRINCE EDWARD COUNTY, VIRGINIA” dated August 27, 2004, last revised September 30, 2004, prepared by Draper Aden Associates, and recorded among the aforesaid land records on October 8, 2004, in Plat Cabinet A, Slide 311, Number 4.

LESS AND EXCEPT lots R and V.

LESS AND EXCEPT that portion of the property identified as “Parcel C” containing 0.646 acre as shown on plat of William C. Young, C.L.S., dated January 27, 2006, revised February 24, 2006, recorded among the aforesaid land records in Plat Cabinet A, Slide 328-3, conveyed to Clyde J. Davis and Ressie A. Davis by Deed of Exchange dated February 13, 2006, recorded March 10, 2006, as Instrument No. 200600654.

LESS AND EXCEPT that certain portion of the above-described property conveyed to MHC Construction, LLC by deed dated May 15, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 200901052.

LESS AND EXCEPT portions of Parcel “D” containing 12.173 acres, Parcel “E” containing 17.532 acres and Parcel “#2” containing 2.452 acres and 2.653 acres as shown on plat of survey entitled COMPILED PLAT SHOWING THE CONSOLIDATION OF PORTIONS OF HERBERTON POPLAR HILL RESIDENTIAL I, LLLP-PARCELS “D”, “E”, AND “#2” a copy of which is recorded in the aforesaid Clerk's Office in Plat Cabinet A, Slides 375 #5 & #6.

TRACT II:

ALL that certain tract or parcel of land situated in Farmville Magisterial District, Prince Edward County, Virginia, containing 100.822 acres, more or less, being more particularly described as “RESIDUAL OF POPLAR HILL FARM PARCEL #2 100.822″, as shown and more particularly described on that plat entitled ” PLAT SHOWING 443.5 +/- ACRES OF LAND, BEING THE REMAINDER OF POPLAR HILL FARM, (PARCELS # 1 AND # 2), PARCEL “T” AND PARCEL “U”, LOCATED IN THE FARMVILLE DISTRICT OF PRINCE EDWARD COUNTY, VIRGINIA”, prepared by Draper Aden Associates, Consulting Engineers/Surveyors” dated December 12, 2001, last revised June 7, 2006, which plat is recorded in the Clerk's Office, Circuit Court, Prince Edward County, Virginia in Plat Cabinet A, Slide 373, #3-4, to which plat reference is hereby made for a more particular description of the property conveyed.

TRACT III

ALL THAT CERTAIN TRACT or parcel of land situate in Hampden District, Prince Edward County, Virginia, containing 51.37 acres, more or less, as shown on that certain plat of survey dated October 24, 2000, prepared by Ralph P. Hines, CLS, and recorded in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia, in Deed Book 349 at page 353. Reference is hereby made to said plat for a more particular metes and bounds description as contained in said plat. The description contained in said plat is incorporated herein by reference as if same were textually herein contained.

TRACT IV

ALL THAT CERTAIN TRACT or parcel of land, with the buildings and improvements thereon, situate in Hampden District, Prince Edward County, Virginia, lying on the north side of State Route No. 630, containing 5.24 acres, and more clearly shown on that certain plat of survey made by Maxey-Hines and Associates, P.C., dated October 19, 2000, recorded in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia, in Deed Book 349 at page 349. Reference is hereby made to said plat for a more particular metes and bounds description as contained in said plat. The description contained in said plat is incorporated herein by reference as if same were textually herein contained.

TRACT V

All that certain tract or parcel of land situated in Farmville Magisterial District, Prince Edward County, Virginia, containing 21.249 acres, more or less, being more particularly described as “PARCEL T 21.249 ACRES” as shown and more particularly described on that plat entitled “PLAT SHOWING 443.5 +/- ACRES OF LAND, BEING THE REMAINDER OF POPAR HILL FARM, (PARCELS #1 AND #2), PARCEL “T” AND PARCEL “U”, LOCATED IN THE FARMVILLE DISTRICT OF PRINCE EDWARD COUNTY, VIRGINIA”, prepared by Draper Aden Associates, Consulting/Engineers/Surveyors” dated December 12, 2001, last revised June 7, 2006, which plat is recorded in the Clerk's Office, Circuit Court, Prince Edward County, Virginia in Plat Cabinet A, Slide 373, #3-4 to which plat reference is hereby made for a more particular description of the property conveyed.

TRACT VI

ALL THAT CERTAIN piece or parcel of land located in the Farmville Magisterial District, Prince Edward County, Virginia containing 18.692 acres, more or less, as shown on plat of J. Adam Bryant of Hurt & Proffitt Incorporated entitled PLAT SHOWING DIVISION OF THE PROPERTY OF HERBERTON POPLAR HILL RESIDENTIAL I, LLLP dated August 4, 2008 and recorded in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia in Plat Cabinet A, Slide 374, Sheets 1 & 2. Said plat is incorporated herein by reference. Reference is hereby made to said plat for a more particular description of the property herein conveyed. For further reference see Plat recorded along with Deed of Boundary Line Adjustment, Recordation of Plats and Partial Release recorded in the aforesaid Clerk's Office as Instrument #200900992.

TOGETHER WITH AND SUBJECT TO those easements for ingress and egress as described in the aforesaid deed of trust and modifications thereto.

The property shall be sold with all Improvements located thereon.

Terms: The purchase price in the form of immediately available funds shall be due and payable on the closing date. A deposit in the form of immediately available funds in the amount of 10% of the sale price may be required of the successful bidder at the time of sale. The Substitute Trustee reserves the right to waive or modify the requirements with respect to the bidder's deposit. The successful bidder will be required to close within fifteen days from the date of sale. Time will be of the essence as to the closing date and the payment of the purchase price.

The property shall be sold “AS IS” with no representations or warranties of any kind whatsoever including, but not limited to, zoning, structural integrity, habitability, construction, physical condition, topography, acreage, soil type or content, environmental condition, fitness for a particular purpose or merchantability of all or any part of the property, or availability of public utilities, SUBJECT TO all easements, subdivision plats, rights of way, agreements, declarations, reservations, covenants, conditions and restrictions and other matters of record as they may lawfully affect the property and subject to any information a survey or inspection of the property would disclose. The Purchaser shall pay all costs of closing, recording (excluding Grantor's Tax), and conveyancing, which shall be by Special Warranty Deed. Real estate taxes will be pro-rated as of the date of the foreclosure sale.

Delivery of possession of the property will not be performed by the undersigned Substitute Trustee but will be the responsibility of the Purchaser. The Purchaser will be required to execute an Agreement of Sale concerning the purchase of the property, a copy of which will be available immediately before announcing the auction.

In the event that the Purchaser fails to complete settlement as required, the Deposit shall be retained and applied to the costs of the sale, including the undersigned Sole Acting Trustee's fees, with the remaining balance delivered to the Noteholder to be applied against amounts secured by the Deed of Trust, and the Property shall be resold at the risk and expense of the defaulting Purchaser. Such retention of the Deposit shall not limit any rights or remedies of the undersigned Substitute Trustee or Noteholder with respect to such default. Such undersigned Substitute Trustee and/or the Noteholder may avail themselves of any legal or equitable rights against the defaulting Purchaser.

GIVEN under my hand this 12th day of October, 2010.

Jill C. Dickerson

Substitute Trustee

For Information Contact:

Jill C. Dickerson

JILL C. DICKERSON, P.C.

117 North Main Street

Farmville, Virginia 23901

(434) 392-1422
Publication Dates: October 15, 22 and 29

10-15-3t(F)10-29