SOLE ACTING SUBSTITUTE TRUSTEE'S SALE
In execution of a deed of trust executed by Grantor dated October 4, 2007, and recorded in the Clerk's Office of the Circuit Court for the County of Cumberland, Virginia, as Instrument No. 20071753, the undersigned, Jill C. Dickerson, Substitute Trustee, will offer for sale at public auction at the front entrance of the Cumberland County Court House, located on State Route 60, Cumberland, Virginia on the 13th day of August, 2012, 10:00 a.m., the property described in said deed of trust, lying in the County of Cumberland, State of Virginia, and more particularly described as follows:
ALL THAT CERTAIN parcel of land and the improvements and appurtenances thereunto belonging, situate in the Madison Magisterial District, Cumberland County, Virginia, containing 5.0 acres, fronting on State Route No. 670 as shown on plat of survey by Ralph P. Hines, C.L.S., dated September 9, 1973, recorded in the Clerk's Office of the Circuit Court of Cumberland County, Virginia, in Deed Book 242, page 438. Reference to said plat is hereby made for a more particular metes and bounds description.
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 Sole Acting 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 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 Sole Acting Substitute Trustee or Noteholder with respect to such default. Such undersigned Sole Acting Substitute Trustee and/or the Noteholder may avail themselves of any legal or equitable rights against the defaulting Purchaser.
GIVEN under my hand this 18th day of July, 2012.
Jill C. Dickerson
For Information Contact:
Jill C. Dickerson
JILL C. DICKERSON, P.C.
117 North Main Street
Farmville, Virginia 23901
Publication Dates: July 20 and 27 August 3 and 10