TRUSTEE’S SALE

Published 1:46 pm Thursday, June 18, 2015

1465 Featherfin Road, Prospect, VA 23960

In execution of the Deed of Trust dated June 25, 2005 and recorded in Instrument 200501718, of Prince Edward County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front of the Circuit Court for Prince Edward County, North Main Street entrance, Farmville, Virginia on July 1, 2015 at 10:30 AM the property more particularly described in the aforementioned Deed of Trust, located at the above address and briefly identified as follows:

ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND AND THE IMPROVEMENTS AND APPURTENANCES THEREUNTO BELONGING, SITUATE ON THE SOUTH SIDE OF STATE ROUTE NUMBER 625 SITUATE IN THE PROSPECT MAGISTERIAL DISTRICT OF PRINCE COUNTY, VIRGINIA AND CONTAINING 5.00 ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY DATED MAY 25, 2004 PREPARED BY ELISHA E. HODGES III, L.S., OF MAXEY-HINES & ASSOCIATES, P.C., A COPY OF WHICH SAID PLAT IS ATTACHED HERETO AND MADE A PART HEREOF, REFERENCE TO WHICH SAID PLAT IS HEREWITH MADE FOR A MORE PARTICULAR METES AND BOUNDS DESCRIPTION OF THE PROPERTY.

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ALSO CONVEYED HEREBY IS AN EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A SEPTIC SYSTEM FOR A PRIVATE DWELLING HOME UPON THE PROPERTY OF CHARLES W. BENHOFF AND TAMARA T. BENHOFF AS MORE FULLY DESCRIBED IN DEED OF EASEMENT FROM CHARLES W.  BENHOFF, ET UX, TO ROBERT L.B. BOWMAN DATED APRIL 25, 1995 AND OF RECORD IN DEED BOOK 294, PAGE 641 AND ALSO RE-RECORDED IN DEED BOOK 294, PAGE 805, IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF PRINCE EDWARD COUNTY, VIRGINIA, REFERENCE TO WHICH SAID DEED OF EASEMENT IS HEREWITH MADE FOR A MORE COMPLETE DESCRIPTION OF THE EASEMENT ALONG WITH THE ABOVE REFERENCE PLAT OF ELISHA E. HODGES, III.

THIS CONVEYANCE IS FURTHER MADE SUBJECT TO A RESERVATION BY BARBARA L. MACGRORY, HER HEIRS AND ASSIGNS, FOR INGRESS AND EGRESS OVER AND ACROSS THE EXISTING FARM ROAD AS SHOWN ON THE ABOVE REFERENCED PLAT.1

Tax No.: 24998-1

The property and improvements will be sold in “as is” physical condition without warranty of any kind.

TERMS OF SALE:  A non-refundable bidder’s deposit of $15,000.00 or 10% of the sale price, whichever is less, by cashier’s or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier’s check within 14 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser’s responsibility. Taxes are pro-rated to the date of sale.  Purchaser is responsible for obtaining possession of the property.  If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses, and attorney’s fees of both sales.  If Trustee does not convey title for any reason, purchaser’s sole remedy is return of deposit without interest. This sale is subject to post–sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

(15-05784)

For Information Contact:

BROCK & SCOTT, PLLC

(Attorney for TRUSTEE

SERVICES OF VIRGINIA, LLC)

484 Viking Drive, Suite 203

Virginia Beach, VA 23452

757-213-2959

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