Mercer

NOTICE

TRUSTEE’S SALE RR 1 Box 40-b Cedar Bluff, VA 24609 In execution of the Deed of Trust dated November 24, 2003 and recorded in Book 0895, Page 0997, of Tazewell 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 the County of Tazewell, Main Street, Tazewell, Virginia on September 29, 2016 at 1:00 PM 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 real estate lying and being situate in the Maiden Springs Magisterial District of Tazewell County, Virginia, located along Baptist Valley Road, and described as follows: PARCEL #1: “BEGINNING on the South side of the right of way to Baptist Valley Road at a locust post, a corner to Alice Lutrell; thence South with the Alice Lutrell line 200 feet, more or less; thence South with the line of Fannie Jane Dean to the top of the ridge to locust tree, marked; thence down the hill to a sugar tree in the hollow, and continuing down the hill to a sugar tree near a spring; thence to a forked double oak on the South side of the right of way of the Baptist Valley Road; thence East with said road 178 feet to the BEGINNING.” NOTWITHSTANDING the above description, said land which is subject to this conveyance shall be more fully described as set forth be a certain map drawn and revised by J. B. McFall on August 21st, 1970, said map to be attached to and made part of this deed and to be spread on the records on said Clerk’s Office of said Tazewell County, Virginia. This property is located in the Maiden Springs District of Tazewell County, Virginia and is located along Baptist Valley Road and the description from the aforementioned map is as follows: “BEGINNING at a double oak on the South side of Baptist Valley Road, thence North 80? E. 178 feet to a corner; thence 59? 11 E. 240 feet along the William Luttrell, Jr. line for 32 feet to a corner; thence S. 26? 57 E. along the Fanny Jane Whittaker line for 403.81 feet; thence S. 25? 39 E. along the Fanny Jane Whittaker line for 175.85 feet to a corner; thence S. 56? 30 W. for 461 feet to a corner; thence N. 6? 21 W. for 258.30 feet along the J. B. Whittaker line to a sugar tree, thence N. 11? 20 W. along the J. B. Whittaker line for 340.70 feet to a sugar tree; thence N. 5? 06 W. along the J. B. Whittaker line for 383.80 feet to the BEGINNING. For further description reference may be made to said map drawn by J. B. McFall dated August 21st, 1970, and admitted to record as part of this deed. AND BEING the same real property conveyed unto Branch E. McGlothlin and Frances W. McGlothlin by deed dated October 31, 1970, and of record in the Office of the Clerk of the Circuit Court of Tazewell County, Virginia, on August 31, 1971, in Deed Book 365, page 680. PARCEL #2: BEGINNING at a point on the south right of way edge of State Route 631 at the corner of Branche E. McGlothlin’s building material store, and the corner of J. B. Whittaker s property; thence continuing in a straight line in a southerly direction in a straight line to a point on the northern edge of the meanders of a small creek, a distance of approximately 240 feet to a corner; thence in a westerly direction along the meanders of said creek a distance of approximately 20 feet more or less to an iron pin, a corner; thence in a northerly direction in a straight line to a point that joins the eastern most edge to a locust post which is located on the south eastern most edge of the property conveyed by J. B. Whittaker to Branche E. McGlothlin and wife on on April 29, 1964, as the same is recorded in the Clerk’s Office of the Circuit Court of Tazewell County, Virginia in Deed Book 311, page 649; thence continuing in a northerly direction along the division line between the said J. B. Whittaker and Branch E. McGlothlin et al, to the southern right of way edge of said State Route 631, a distance of 20 fee more or less, back to the point of BEGINNING: AND BEING the same real property conveyed unto Blanche E. McGlothlin and Francis W. McGlothlin by deed dated December 23, 1977, and of record in the aforesaid Clerk’s Office in Deed Book 439, page 446. PARCEL #3: BEGINNING at an iron stake on the South side of the right-of-way of Baptist Valley Highway, an old comer of J. B. Whitaker; thence leaving said highway S. 4? 37′ E. 140 feet to a stake; thence N. 86? 3′ E. 56 feet to a stake; thence N. 4? 37′ W. 140 feet to a stake on the South side of said highway; thence with said highway S, 86? 3′ W. 56 feet to the point of BEGINNING. AND BEING the same real property conveyed to Branche E. McGlothlin and Frances McGlothlin by deed dated April 29, 1964, and of record in the aforesaid Clerk’s Office on May 14, 1964, in Deed Book 311, page 647. PARCEL #4: All those two (2) certain lots or parcels of land being more particularly described as follows; to-wit: BEGINNING on two small white oaks and a dead oak stump a corner to William Whitaker, and in the south side of the Baptist Valley Road; thence leaving said highway and along the said William Whitaker’s line a distance of 120 feet south to an iron stake; thence leaving said William Whitaker’s line, due west a distance of 75 feet to an Iron stake; thence north a straight line a distance of 120 feet to the south edge of the Baptist Valley Road; thence east with said Baptist Valley Road a distance of 75 feet back to the BEGINNING, corner.” “BEGINNING on the south side of the right of way of Baptist Valley Road at a double oak, a corner to Otis Whittaker; thence leavings said road and running south with Otis Whittaker’s line to the top of the ridge; thence northwest near the top of the ridge to an oak stump, a corner to Elmer Shephard; thence north with said Shephard’s line to J. B. Whittaker’s line; thence with said J. B. Whittaker’s line to the south side of the right of way of the Baptist Valley Road; thence east with said road to the BEGINNING:, containing 5 acres, more or less, and being sold and conveyed by the boundary and not by the acre.” AND BEING the same real property conveyed unto Branche E. McGlothlin and Frances W. McGlothlin by deed dated January 10, 1995, and of record in the aforesaid Clerk’s Office on January 12, 1995, in Deed Book 687, page 530. Tax No.: 108A0030, 108A0031, 108A0032, 108A0033, 108A0035 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 $2,000.00 or 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} 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. (16-06261) 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