ORDER OF PUBLICATION
Published 4:40 pm Thursday, September 27, 2012
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The Farmville Herald
VIRGINIA:
In The Circuit Court Of The County Of Prince Edward
MANUFACTURERS AND TRADERS TRUST COMPANY, IN ITS OWN RIGHT AND IN ITS CAPACITIES AS ESCROW AGENT AND TRUSTEE,
Plaintiff,
v.
MONROE LLC,
FRANK DUIGNAN, TRUSTEE IN LIQUIDATION FOR MONROE LLC,
NEIL S. KESSLER, TRUSTEE,
ANDREW M. CONDLIN, TRUSTEE,
K&A TRUSTEE SERVICES, LLC, TRUSTEE,
VINCENT J. KEEGAN, TRUSTEE,
PUBLIC FINANCE CONSULTANTS INCORPORATED,
and
PARTIES UNKNOWN (Managers, Members or Holders of Monroe LLC's Interests, in their capacity as Trustees in Liquidation for Monroe LLC, and Other Successors in Interest to Monroe LLC as beneficiary of a credit line deed of trust dated June 6, 2007, recorded June 6, 2007, in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia, as Instrument No. 200701676),
Defendants.
Case No. 147CL12000132-00
TO: PARTIES UNKNOWN (MANAGERS, MEMBERS OR HOLDERS OF MONROE LLC'S INTERESTS, IN THEIR CAPACITY AS TRUSTEES IN LIQUIDATION FOR MONROE LLC, AND OTHER SUCCESSORS IN INTEREST TO MONROE LLC AS BENEFICIARY OF A CREDIT LINE DEED OF TRUST DATED JUNE 6, 2007, RECORDED JUNE 6, 2007, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF PRINCE EDWARD COUNTY, VIRGINIA, AS INSTRUMENT NO. 200701676):
The object of the above-styled suit is to quiet title, obtain declaratory judgment and impose a constructive trust with respect to the following described real property:
The real property conveyed from Herberton Poplar Hill Residential II, LLLP, a Virginia limited liability limited partnership, to Herberton Poplar Hill Recreation, LLLP, a Virginia limited liability limited partnership by Deed of Boundary Line Adjustment, Recordation of Plats and Partial Release dated April 15, 2009, recorded May 13,2009, in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia, as Instrument Number 200900992, as shown on plats by Draper Aden Associates dated June 7, 2006 recorded with said deed at Plat Cabinet A, Slides 371 #2 – 6,372 #1 – 6, and 373 #1 – 4;
All in order to remove the cloud on title of the following instrument:
Credit line deed of trust dated June 6, 2007, recorded June 6, 2007, in the Clerk's Office of the Circuit Court of Prince Edward County, Virginia, as Instrument No. 200701676, to Neil S. Kessler and Andrew M. Condlin, as Trustees, purporting to secure Monroe LLC in the principal amount of up to $5,500,000.00 (the “Monroe Deed of Trust”);
including by establishing that any lien created by the Monroe Deed of Trust is subordinate to the liens of the following instruments:
(1) Credit Line Deed of Trust and Security Agreement dated September 30, 2004, recorded October 8, 2004, as Instrument Number 200402612, modified by Modification and Supplement to Senior Credit Line Deed of Trust and Security Agreement dated February 17, 2012 recorded as Instrument No. 201200353 (the “Senior Deed of Trust”); and
(2) Credit Line Deed of Trust and Security Agreement dated September 30, 2004, recorded October 8, 2004 as Instrument Number 200402614, modified by Modification and Supplement to Second Credit Line Deed of Trust and Security Agreement dated February 17, 2012, recorded as Instrument No. 201200354 (the “Second Deed of Trust”);
is unenforceable, and is held in trust for the benefit of the beneficiaries of the Senior Deed of Trust and the Second Deed of Trust.
An affidavit having been made and signed that there are or may be unknown managers, members or holders of Monroe LLC's interests, in their capacity as trustees in liquidation for Monroe LLC, and other successors in interest to Monroe LLC as beneficiary of the Monroe Deed of Trust, whose names and post office addresses are unknown, it is
ORDERED
That each of said parties appear before this Court on or before November 20, 2012 and do whatever is necessary to protect any interest they may claim in the said property under the Monroe Deed of Trust. It is FURTHER ORDERED that this Order of Publication be published once a week for four successive weeks in The Farmville Herald, a newspaper of general circulation in the County of Prince Edward, Virginia; and that a copy of this order be posted at the front door of the courthouse wherein this Court is held.
And, it appearing appropriate to do so, endorsement of Defendants is dispensed with.
Machelle J. Eppes
Clerk
September 20, 2012
I ASK FOR THIS:
Frederick W. Payne (VS #14185)
Jessica F. Phillips (VSB #65953)
414 East Jefferson Street
Charlottesville, Virginia 22902
(434) 977-4507 (phone)
(434) 977-6574 (fax)
9-28-4t(F)10-19