NOTICE

Foreclosure Advertisement: NOTICE OF SUBSTITUTE TRUSTEE’S SALE 515-531 Commerce Drive, Bluefield, Virginia Tax Map Reference No: 025 A 0041A1 Reference is hereby made to that certain Deed of Trust, Assignment of Leases and Rents and Security Agreement, recorded in the Land Records of Tazewell County, Virginia (“Land Records”) on July 19, 2005 in Book 946, page 302 (as the same may be further amended to date, the “Deed of Trust”), encumbering the real and personal property described in the Deed of Trust (the “Property”), and to that certain Deed of Appointment of Substitute Trustee recorded in the Land Records on August 29, 2016 in Book 2016, page 13558 appointing Steven L. Higgs, P.C., as Substitute Trustee (the “Substitute Trustee”). Under and by virtue of the power and authority conferred upon the Substitute Trustee (defined below) by the Deed of Trust, a default having occurred in the payment of the indebtedness secured thereby and the observance of the covenants contained therein, at the request of the party secured by said Deed of Trust (the “Lender”), the undersigned Substitute Trustee will offer for sale at public auction at the front entrance of the Bluefield Town Hall, 112 Huffard Drive, Bluefield, Virginia, on September 26, 2016, at 12:00 p.m. local time, the following land and all improvements situate thereon encumbered by the Deed of Trust, originally described in the Deed of Trust as follows: The Land referred to herein below is situated in the County of Tazewell, State of Virginia, and is described as follows: Engineering description Parcel 41A Tax Map 25A, College Plaza located Commerce Drive, Bluefield, Tazewell, Co., VA. Beginning at a rebar with cap in the western right-of-way line of Commerce Drive, said rebar being the southeast corner of Out Parcel “B” and the northeast corner of Parcel 41A and the herein described tract; thence along said right-of-way S 18?21’27” E 96.00 ft. to a rebar with cap; thence leaving said right-of-way and along the northern line of Out Parcel “C” for the next three calls: N 60?24’24” W 34.34 ft. to a rebar; S. 71?38’33” w 242.37 ft. to an iron pipe; S 26?38’33” W 20.50 ft. to an iron pipe; thence along the western line of Out Parcels “C” and “D” S 18?21’27” E 327.53 ft. to a rebar; thence along the northern line of Parcel 1A S 71?38’33” W 333.89 ft. to a point; thence along the western line Parcel 1A S 18?21’27” E 100.65 ft. to a pk nail in asphalt; thence along the northern line of Parcel 1A S 71?38’33” W 163.00 ft. to a hole drilled in concrete; thence along the eastern line of Parcel 1A N 18?21’27” W 107.30 ft. to a hole drilled in concrete; thence along the northern line of Parcel 1A S 71?38’33” W 254.96 ft. to a capped rebar; thence along the eastern line of Parcel 49 N 18?21’27” W 393.84 ft. to a rebar; thence along the southern line of Parcel 41B N 71?38’33” E 148.69 ft. to a rebar with cap; thence along the southern line of Parcel 41 B1 for the next three calls: N 71?38’33” E 278.88 ft. to a rebar; S 55?45’16” E 7.87 ft. to a point on water meter; N 71?38’33” E 332.79 ft. to a rebar with cap; thence along the southern line of Out Parcel “B” for the next three calls: S 63?21’27″E 10.20 ft. to a rebar; N 71?38’33” E 236.37 ft. to a rebar; N 23?41’30” E 34.34 ft. to the point of Beginning and containing 7.51 acres more or less. Being the same property conveyed to Gemini College Plaza H, LLC, Gemini College Plaza 1, LLC, Gemini College Plaza 2, LLC, Gemini College Plaza 3, LLC, Gemini College Plaza 4, LLC, Gemini College Plaza 5, LLC, Gemini College Plaza 6, LLC, Gemini College Plaza 7, LLC, Gemini College Plaza 8, LLC, Gemini College Plaza 9, LLC, Gemini College Plaza 10, LLC, Gemini College Plaza 11, LLC, Gemini College Plaza 12, LLC and Gemini College Plaza 13, LLC by Deed from USPG Portfolio Two, LLC, a Delaware limited liability company dated July 13, 2005, recorded July 19, 2005 in Deed Book 946, Page 278 in the Clerk’s Office of the Circuit Court of Tazewell, Virginia. Pursuant to the provisions of Section 8.9A-604 of the Virginia Uniform Commercial Code, this sale also shall include all fixtures and articles of personal property, both tangible and intangible, granted under the Deed of Trust or as assigned and conveyed under the Deed of Trust. No representations or warranties are made as to the existence or condition of any such items, it being the sole responsibility of the purchaser to make such determination. The Substitute Trustee reserves the right to exclude certain personal property from inclusion in the foreclosure sale. Any such excluded items will be announced at the time of the sale. All of the foregoing real and personal property described in the Deed of Trust is hereinafter collectively referred to as the “Property.” Terms of Sale: The Property will be sold in its entirety, in its existing “AS IS”, “WHERE IS” condition and “WITH ALL FAULTS,” and without any representations or warranties, oral or written, express or implied, as to (a) the nature, condition, description, or physical condition of the Property or the improvements thereon, (b) the zoning of the Property, (c) the issuance of certificates of occupancy for the improvements on the Property, (d) habitability, fitness for a particular purpose or merchantability of all or any part of the Property, or (e) the utilities serving the Property. The sale is subject to (i) all liens, objections, rights, reservations, leases, covenants, conditions, easements and restrictions of record superior to the lien of Deed of Trust as they may lawfully affect the Property; (ii) all existing nuisances, housing, building and zoning code violations, if any; (iii) any existing environmental conditions and critical area or wetlands violations, whether latent or observable, which may exist with respect to the property; and (iv) any information a current and accurate survey or inspection of the Property would disclose. Certain liens and instruments recorded or attaching subsequent to the recordation of the Deed of Trust may also affect the Property. No representations are made in connection with this sale concerning the existence or absence of any liens or encumbrances affecting the Property, whether senior or junior in priority to the lien of the Deed of Trust. The successful bidder shall assume the risk of loss for the Property from and after the strike down of the bid at the foreclosure sale. The Substitute Trustee will not deliver, and shall have no obligation to deliver, physical possession of all or any part of the Property; obtaining possession shall be at the sole cost, risk, and expense of the successful bidder. The bid which yields the highest price for the Property may be accepted by the Substitute Trustee (unless the sale is postponed or cancelled). To qualify as a bidder, each bidder except the Lender or its affiliates must tender a bid deposit of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00). The bid deposit must be by bank certified or cashier’s check payable to the order of Steven L. Higgs, P.C., Substitute Trustee. The bid deposit of each bidder must be tendered, exhibited, or delivered, as determined by the Substitute Trustee, prior to the commencement of the sale. At the close of bidding, all deposits will be returned except for the deposit of the successful bidder. All bids will be provisional, and are subject to the Substitute Trustee accepting a higher or better offer, until a successful bid is accepted by the Substitute Trustee; upon acceptance of a successful bid, the Substitute Trustee will require that a contract of sale be entered into by the successful bidder. Notwithstanding the foregoing, the Substitute Trustee absolutely reserves the right to postpone the sale and/or cancel the sale at any time until the Substitute Trustee announces that the Property is “sold” and the deposit in the required amount and form is either received or waived by the Substitute Trustee. The successful bidder (except the Lender or its affiliates) shall be required, within three (3) business days after acceptance of its bid, and as a condition to acceptance of its bid, to increase its deposit, by wire transfer to the Substitute Trustee, to an amount equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of its accepted bid. The retained deposit of the successful bidder, without interest, shall be applied to the successful bidder’s credit at settlement. Settlement must occur on the Property within thirty (30) days from the date of the auction sale, and will be held at the offices of Womble Carlyle Sandridge & Rice, LLP, 1200 Nineteenth Street, NW, Suite 500, Washington, DC 20036 or such other place as the Substitute Trustee and successful bidder mutually agree. Time is of the essence. Interest shall accrue on the balance of the purchase price (less the deposit) at the rate of six percent (6{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) per annum from the date of the auction sale until the date of settlement. At settlement, the balance of the purchase price, and accrued interest on the purchase price at the rate specified, less the amount of the retained deposit, will be due in immediately available federal funds by bank wire or interbank transfer for the account of the Substitute Trustee. If the successful bidder fails to timely increase the deposit as required above, or fails to deliver the purchase price to the Substitute Trustee and complete settlement by 12:00 Noon local time in Tazewell County, Virginia, on the date which is thirty (30) days from the date of the auction sale, then at the election of the Substitute Trustee the successful bidder shall be declared in default and the deposit shall be forfeited and applied to the costs of sale, including trustees fees, and the balance, if any, shall be delivered to the Lender to be applied against all amounts owed to Indenture Trustee; there shall be no refund of the deposit. This forfeiture shall not limit or be deemed to limit any rights or remedies of the Substitute Trustee or the Lender with respect to any default. The Property may be resold at the risk and cost of the defaulting successful bidder. Conveyance shall be by Trustees’ Deed, with special warranty of title, subject to the matters identified above, including all recorded and unrecorded liens, encumbrances, security interests, easements, rights-of-way, covenants, agreements, conditions, restrictions, leases, occupancy agreements and mechanics and materialmen’s liens, to the extent any of the foregoing may lawfully apply to the Property being sold, or any part thereof, and take priority over the liens and security interests of the Deed of Trust. If the Substitute Trustee is unable to convey title to the Property as described herein, then the sale shall be cancelled, and the deposit, without interest thereon, shall be refunded to the successful bidder, as its sole remedy at law or in equity, all other remedies being expressly waived by the successful bidder. Upon such refund of the deposit, the sale shall be void and of no further force and effect, and the successful bidder shall have no further claim against the Substitute Trustee or Indenture Trustee. Any past due real estate taxes and current real estate taxes prorated to the date of the sale shall be paid from the proceeds of sale. Adjustment of real estate taxes and all other public charges, assessments, sewer, water, drainage and other public improvements for the current year shall be made as of the date of the auction sale. All costs incident to the settlement and conveyancing including, without limitation, examination of title, conveyancing, the Grantor’s tax and all recordation taxes and charges, all transfer taxes and charges, title insurance premiums (if purchased), notary fees, settlement fees, and all other costs incident to settlement shall be at the cost of the successful bidder. To the extent permissible by law, all bidders, including the successful bidder, waive and release the Substitute Trustee, the Lender, and their respective agents, successors and assigns from any and all claims such bidder or his successors and assigns may have now or in the future relating to the physical or environmental condition of the Property, including any claims pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Americans With Disabilities Act, and all other actions pursuant to state or local laws, ordinances, or regulations for any environmental or other condition of the Property. Further particulars or terms of sale may be announced at the time of sale. This advertisement, as amended or supplemented, constitutes the terms upon which the Property shall be offered for sale, sold, or purchased. The information contained herein was obtained from sources deemed to be reliable but is offered for informational purposes only. Neither the Substitute Trustee nor the Lender make any representations or warranties, express or implied, with respect to the accuracy of such information. The Substitute Trustee reserves the right, by verbal announcements during the sale, to amend or supplement the terms of sale, to modify the requirements for bidders’ deposits, to withdraw all or part of the Property from the sale prior to the commencement of bidding, to postpone the sale, and to conduct such other sales as the Substitute Trustee may determine in his discretion. Immediately upon delivery of the deed for the Property by the Substitute Trustee, all duties, liabilities, and obligations of the Substitute Trustee, if any, to the purchaser with respect to the Property shall be extinguished. For further information concerning the sale, contact Stanley J. Wrobel, Esq. or Christopher R. Bullock, Esq., Counsel for Lender, Womble Carlyle Sandridge & Rice, LLP, 1200 Nineteenth Street, NW, Suite 500, Washington, DC 20036; telephone (202) 467-6900 on weekdays between the hours of 9:00 a.m. and 5:00 p.m. local time. Steven L. Higgs, P.C. Steven L. Higgs, Esq. SUBSTITUTE TRUSTEE 9 Franklin Road, S.W. Roanoke, Virginia 24011-2403 Telephone: (540) 400-7990 Facsimile: (540) 400-7999 Email: [email protected]