SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE
SITUATE IN TAZEWELL
COUNTY, VIRGINIA
In execution of a Deed of Trust dated May 9, 2008, and recorded in the Office of the Clerk of the Circuit Court of Tazewell County, Virginia in Deed Book 1028, Page 914, and with the undersigned being appointed Substitute Trustee by document of record in Deed Book 2019, Page 3170, the undersigned Substitute Trustee will offer for sale at public auction all that certain property, together with all improvements thereon and appurtenances thereunto belonging, more particularly described in the said Deed of Trust, having a street address of 3619 Baptist Valley Road, Cedar Bluff, Virginia 24609; a tax map number of 091 A 01 0004C, 0005A, and briefly described as follows:
All those certain lots or parcels of land situate in Baptist Valley, Tazewell County, Virginia on the north side of the Baptist Valley public road, being a portion of Lot Numbers Four (4) and a portion of Lot Number Five (5), which said Commissioner’s report and decrees confirming the same are found of record in the Clerk’s Office of Tazewell County, Virginia, in Deed Book 77, at pages 290 to 296, the lot or parcel hereby conveyed being bounded and described as follows, to-wit:
BEGINNING at a point in the center of Baptist Valley road, said point lying N. 72deg. 30′ E 15 feet from the southeast corner of a lot or parcel heretofore conveyed by Troy Hankins and Mae Hankins, parties of the first part, herein to Kelly McCoy and wife by deed dated June 22, 1965, and found of record in said Clerk’s Office in Deed Book 319, at page 581; thence leaving said road with a line parallel to but 15 feet from the eastern line of said McCoy lot, N. 18deg. 40′ W. 125 feet to a point; thence N. 72deg. 30′ E. 150 feet crossing the division line between said Lots Nos. 4 and 5, to a point in said Lot 5; thence S. 18deg. 40′ E. 125 feet to a point in the center of said Baptist Valley public road; thence with the same S. 72deg. 30′ W. 150 feet to the point of the BEGINNING.
The street address of the Property is believed to be 3619 Baptist Valley Road, Cedar Bluff, Virginia, but such address is not part of the foregoing legal description. In the event of any discrepancy, the foregoing legal description shall control.
AND BEING, the same real property conveyed to Jerry W. Cruey, by deed dated May 9, 2008, of record in the Circuit Court Clerk’s Office of Tazewell County, Virginia, in Deed Book 1028, Page 0911.
It is hereby noted that there is situate on the above described property a certain 1981 Norris Mobile Home VIN: NT4610716, against which the foreclosing lienholder also has a security interest such that the said 1981 Norris mobile home is being sold simultaneously with the sale of the herein above described real estate.
Sale shall be made subject to all rights, reservations, restrictions, covenants, and easements of record in the aforesaid Clerk’s Office which may affect the title to the real property hereinabove mentioned.
Date of Sale: April 5, 2019
Time of Sale: 1:00 p.m.
Place of Sale: Front Steps of the Tazewell County Courthouse, Main Street, Tazewell, Virginia.
Terms of Sale: The Successful Bidder shall make a ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) deposit at the time of sale, subject to the exception that the Substitute Trustee reserves the right to modify or waive the deposit requirement if the Noteholder is the successful bidder. The entire amount of the successful bid must be paid in full by certified or bank cashier’s check within fifteen (15) days after sale, and Time is of the Essence as to the closing date and payment of the purchase price. The Property will be sold “AS IS, WHERE IS” and title will be conveyed by Special Warranty Deed. Risk of loss will pass at the time of sale, and neither the Substitute Trustee nor the Noteholder will deliver possession of the Property to the successful bidder. Substitute Trustee shall have no duty to obtain possession for purchaser. All risks of casualty pass to successful bidder at conclusion of bidding. 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. The purchaser of the Property will be required to pay all closing costs except the Grantor’s Tax, and real estate taxes will be pro-rated as of the original date of sale. If for any reason the Substitute Trustee fails to convey title to the Property to the purchaser, the purchaser’s sole remedy is the return of the Deposit paid by the purchaser on the date of the foreclosure sale. The high bidder for said premises will, at the time and place of sale, sign a memorandum of purchase and an agreement to comply with the terms and conditions of the sale herein contained. The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication upon announcement at the time and place for the sale set forth above. The Substitute Trustee reserves the right to rescind the sale. In the event the high bidder at the foreclosure sale should fail to comply with the submitted bid, the Substitute Trustee shall have the option to accept the next highest bid in which the bidder is able to comply, or to re-advertise and sell at a later sale, and in either event the original purchaser will be held liable for any deficiency there may be between the sum for which the property may be purchased on the resale, and also for any costs or expenses incurred on such resale. The Substitute Trustee reserves the right to reject all bids and withdraw the property from sale, waive the deposit requirements in whole or in part and extend the period of time in which the purchaser is to make full settlement.
Additional terms may be announced at the sale.
Given under my hand this 14 day of March, 2019.
AMANDA SHEA HALE
SUBSTITUTE TRUSTEE
By: Amanda Shea Hale,
Attorney at Law
FOR INFORMATION CONTACT:
Amanda Shea Hale, Attorney at Law, P.C.
1417 2nd Street
Richlands, VA 24641
(276) 345-4750
ID: 225060