SUBSTITUTE TRUSTEE'S SALE OF CERTAIN PROPERTY LOCATED AT
Published 4:15 pm Thursday, November 17, 2011
In execution of a deed of trust executed by Grantor dated June 20, 1995, and recorded in the Clerk's Office of the Circuit Court for the County of Prince Edward, Virginia, in Deed Book 296, page 121, 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 12th day of December, 2011, 10:00 a.m., the property described in said deed of trust, lying in the County of Prince Edward, State of Virginia, and more particularly described as follows:
ALL THAT CERTAIN lot or parcel of land containing two (2) acres, together with improvements thereon and appurtenances thereto attached, lying and being in Leigh Magisterial District, Prince Edward County, Virginia, shown and described on plat dated February 25, 1966, made by Ralph P. Hines, C.L.S., and being bound and described as follows: Beginning at an iron rod at a point on the outlet road to State Road #716; thence S. 9 deg. 25' East 420 feet to an iron rod; thence North 71 deg. 20' West 238 feet to an iron rod; thence North 9 deg. 25' West 420 feet to an iron rod; thence South 71 deg. 20' East 238 feet to the point of beginning; and being moreover a portion of the property conveyed Philip Spradley by deed dated the 24th day of January 1905, of record in D.B. 50, page 194, and by deed dated February 11, 1909 of record in D.B. 54, page 501, from Sarah Elizabeth Zernow, et als; and being the same property conveyed to Edward Barksdale and Rebecca S. Barksdale, his wife, by deed of Philip Spradley (Jr.), dated March 7, 1966, recorded in D.B. 160, Page 507, to Edward Barksdale and Rebecca S. Barksdale, as tenants by the entirety, the said Rebecca S. Barksdale having departed this life in 1978 and all of her interest having passed to her husband, Edward Barksdale, the said Edward Barksdale having departed this live November 11, 1988, and by his will admitted to probate March 2, 1990, in Will Book 36, Page 2020, devised said property to his daughters, Bernice Barksdale and Daisy Barksdale, now Granger
Also conveyed is a 20-foot easement from the described property along a present right of way and as shown on plat of Ralph P. Hines, recorded in D.B. 160, Page 309, conveyed to the Grantors by deed of Philip Spradley, Jr., et al, and subject to the right of way or easement conveyed from Willie Patterson to the heirs of Edward Barksdale and Rebecca S. Barksdale dated the 22nd day of June, 1995, recorded in the Clerk's Office, Prince Edward, Virginia.
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 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 Substitute 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 15th day of November, 2011.
Jill C. Dickerson
For Information Contact:
Jill C. Dickerson
JILL C. DICKERSON, P.C.
117 North Main Street
Farmville, Virginia 23901
Publication Dates: November 18, November 25, December 2, and December 9