Published 3:50 pm Tuesday, September 11, 2012

In execution of a certain deed of trust dated 06/24/08, in the original principal amount of 121,800.00 recorded in the County of Cumberland, Virginia, as Instrument No. as Instrument No. 20081026, as amended by an instrument appointing the undersigned as Substitute Trustee, default having occurred in the payment of the Note thereby secured and at the request of the holder, the undersigned Substitute Trustee will offer for sale at public auction in the front of the building housing the Circuit Court of the COUNTY OF CUMBERLAND, VA located at 1 Courthouse Circle, Cumberland, Virginia, 23040 on September 24, 2012, at 12:00 pm, the property described in said deed of trust, located at the above address, with improvements thereon and more particularly described as follows: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND WITH IMPROVEMENTS THEREON AND APPURTENANCES THERETO BELONGING, LYING AND BEING IN CUMBERLAND COUNTY, VIRGINIA (ERRONEOUSLY THOUGHT TO BE IN MACON DISTRICT, POWHATAN COUNTY, VIRGINIA) CONTAINING 11.00 ACRES, MORE OR LESS, KNOWN AND DESIGNATED AS PARCEL 2A, ON PLAT OF SURVEY ENTITLED “PLAT OF TWO PARCELS OF LAND TAXED IN THE MACON DISTRICT OF POWHATAN COUNTY, VIRGINIA, DIVISION OF TAX MAP PREPARED BY BURRUSS LAND & SURVEY COMPANY, DATED AUGUST 2, 2006 RECORDED IN POWHATAN COUNTY AND RECORDED IN CUMBRDLAND COUNTY, VIRGINIA ATTACHED TO AN AFFIDAVIT AS INSTRUMENT NO. 20070356. BEING THE SAME REAL ESTATE CONVEYED TO GARLAND POOLE AND MICHELE WILLIAM-POOLE, HUSBAND AND WIFE, BY DEED OF PARTITION FROM GREGORY POOLE AND GARLAND POOLE, DATED SEPTEMBER 7, 2006, RECORDED SEPTEMBER 8, 2006 IN THE CLERK'S OFFICE, CIRCUIT COURT, POWHATAN COUNTY, VIRGINIA IN DEED BOOK 697, PAGE 317 AND RECORDED WITH AFFIDAVIT IN CUMBERLAND COUNTY, VIRGINIA AS INSTRUMENT NO. 20070356. TERMS OF SALE: Neither the Substitute Trustee nor the holder of the note secured by the deed of trust will deliver possession of the property to the successful bidder. The purchaser at the sale will be required to pay all closing costs. Real estate taxes, water/sewer fees and other public charges will be prorated as of the date of sale. The risk of loss or damage to the property passes to the purchaser immediately upon the conclusion of the Substitute Trustee's sale. Terms: CASH or certified funds. A bidder's deposit of (10% of outstanding principal balance) or 10% of successful bid, whichever is lower, will be required with the balance of the sale price to be paid within 15 days at the office of the Substitute Trustee. Time is of the essence as to the closing date and the payment of the purchase price. If payment of the balance does not occur within fifteen days of the sale date, the deposit will be forfeited. Seller shall not be responsible for any costs incurred by the purchaser in connection with their purchase or settlement, including, without limitation, state and local recording fees, title insurance or research, or any other costs of purchaser's acquisition. Trustee shall have no duty to obtain possession for purchaser. All risks of casualty pass to successful bidder at conclusion of bidding. The property and the improvements thereon will be sold “AS IS” and without representation or warranties of any kind. The sale is subject to all liens, encumbrances, conditions, easements and restrictions, if any, superior to the mentioned deed of trust and lawfully affecting the property. Sale is subject to post-sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale, as well as to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower(s) entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of the Purchaser's deposit without interest. Additional terms to be announced at the sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this firm is a debt collector and any information obtained will be used for that purpose. The Substitute Trustee is Surety Trustees, LLC, 4021 University Drive, Suite 202, Fairfax, VA 22030. For information contact: Abby Moynihan, McCabe, Weisberg & Conway, attorney for Substitute Trustee at 301-490-3361


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