TRUSTEE'S SALE OF

Published 5:17 pm Thursday, May 5, 2011

In execution of a first lien deed of trust dated February 23, 2001, recorded in the Clerk's Office of the Circuit Court of Cumberland County, Virginia, in Deed Book 247, at page 500 et seq., the undersigned Sole Acting Substitute Trustee will offer for sale at public auction the following described real estate, to-wit:

PARCEL I (TM# 060-A-12 & 17): All those certain parcels of land in Madison District of Cumberland County, Virginia, designated as Parcel “A” containing 3.02 acres, more or less, and Parcel “C” containing 18.59 acres, more or less, all as shown on a plat of survey dated October 6, 1998 made by W. E. Nash, L.S., entitled “PLAT OF THREE PARCELS OF LAND CONTAINING 24.67 ACRES TOTAL BEING THAT PROPERTY CONVEYED TO MABEL L. RUTHKOWSKI DEED BOOK 166 AT PAGE 344 LOCATED IN MADISON MAGISTERIAL DISTRICT CUMBERLAND COUNTY, VIRGINIA”, a copy of which survey is recorded in Deed Book 228, at page 76, and to which plat reference is hereby made for a more particular description of the lands herein conveyed.

Said lands are further conveyed together with and subject to an easement for ingress and egress, 50' in width, as shown on said plat, leading from this parcel to State Route 654 and leading across this parcel to other lands of the Grantor, said easement being in common with the Grantors, the Grantees and others entitled to its use, for access to the public road, for this parcel and other lands of the Grantor.

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Being the same property conveyed by David Hawks, Sr., Carlton Raby, Virginia Hawks Goemmer and Johnny Ruthkowski to Carlton Raby and Cheri D. Raby, husband and wife, as tenants by the entirety with the right of survivorship as at common law, by a deed dated February 23, 2001, recorded in the Clerk's Office of the Circuit Court of Cumberland County, Virginia, in Deed Book 247, at page 496.

PARCEL II (TM# 060-A-11): All that certain parcel of land in Madison Magisterial District of Cumberland County, Virginia, containing 3.06 acres, and designated as Parcel “B” as shown on a plat of survey dated October 6, 1998 made by W. E. Nash, L.S., entitled “PLAT OF THREE PARCELS OF LAND CONTAINING 24.67 ACRES TOTAL BEING THAT PROPERTY CONVEYED TO MABEL L. RUTHKOWSKI DEED BOOK 166 AT PAGE 344 LOCATED IN MADISON MAGISTERIAL DISTRICT CUMBERLAND COUNTY, VIRGINIA”, a copy of which survey is attached to and recorded with a certain Deed recorded in Deed Book 228, at page 74, and to which plat reference is hereby made for a more particular description of the property hereby conveyed.

Said lands are further conveyed together with and subject to an easement for ingress and egress, 50' in width, as shown on said plat, leading from this parcel to State Route 654 and leading across this parcel to other lands of the Grantor, said easement being in common with the Grantors, the Grantees and others entitled to its use, for access to the public road, for this parcel and other lands of the Grantor.

Being the same property conveyed to Carlton Raby by deed from Mabel L. Ruthkowski dated November 12, 1998 and recorded November 20, 1998 in the Clerk's Office of the Circuit Court of Cumberland County in Deed Book 228, at page 76.

IMPROVEMENTS: A split-level, brick and wood siding dwelling; with 2 bathrooms, 3 bedrooms, an apartment with 1 bedroom and 1 bath and a detached, frame shop garage; built originally in approximately 1980; with a private well and septic system. All improvements are sold “AS IS, WHERE IS”.

EXCLUDED PROPERTY: Any mobile home(s) on the subject real estate.

TIME AND PLACE: Wednesday, May 25, 2011 at 11: 00 a.m. EDT at the front (original) entrance of the Cumberland County Courthouse Building, in the Court House Square, 1 Court House Circle, Cumberland, Virginia.

CONDITIONS OF SALE: Sale subject to any and all easements, restrictions, conditions and reservations which are: contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed that have not expired by limitation of time contained therein or have not otherwise become ineffective; or, apparent upon inspection of the premises. Sale also subject to any superior liens.

TERMS: 10% bidder's deposit, balance at closing. Closing to be within thirty (30) days from date of sale. Payment of both bidder's deposit and balance must be by cash, cashier's check or other check acceptable to Trustee.

THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT.

J. ROBERT SNODDY, III

Sole Acting Substitute Trustee

P. O. Box 325

Dillwyn, Virginia 23936

(434) 983-2408

Fax: (434) 983-3444

FOR INFORMATION

CONTACT THE TRUSTEE

OR

HAROLD M. HARRIS, JR.

(434) 392-3193

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