Published 3:48 pm Tuesday, May 7, 2013

In execution of a certain deed of trust dated 03/08/02, in the original principal amount of 72,000.00 recorded in the County of Cumberland, Virginia, as Instrument No. in Deed Book 259, Page 1, 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 May 22, 2013, at 1:00 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, IN HAMILTON MAGISTERIAL DISTRICT, CUMBERLAND COUNTY, VIRGINIA, CONTAINING 6.00 ACRES, MORE OR LESS, KNOWN AS PARCEL “A”, AND SHOWN ON PLAT OF SURVEY MADE BY WOODROW K. COFER, INC., CERTIFIED LAND SURVEYOR, DATED SEPTEMBER 20,2001, ENTITLED “PLAT SHOWING A DIVISION OF TAX MAP NUMBER 27(A) PARCEL”, AND RECORDED IN THE CLERK'S OFFICE, CIRCUIT COURT, CUMBERLAND COUNTY, VIRGINIA, IN DEED BOOK 257 AT PAGE 702. BEING A PORTION OF THE SAME PROPERTY CONVEYED TO RAYMOND JOHNSON AND EVELYN JOHNSON, BY DEED FROM FREDERICK R. JOHNSON AND ELEASE JOHNSON, DATED JANUARY 24, 1990, RECORDED MARCH 19, 1990, IN THE CLERK'S OFFICE, CIRCUIT COURT, CUMBERLAND COUNTY, VIRGINIA, IN DEED BOOK 177, PAGE 386. 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 6,462.93 will be required at the time of sale 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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