Legals 11-22-17

Published 6:27 pm Tuesday, November 21, 2017



In execution of a Deed of Trust from Donald M. Whitley and Frances T. Whitley, Grantors, to Darrell G. Swanigan and James R. A. Stanley, Jr., Grantees, dated December 28, 2006, and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia (the “Clerk’s Office”), as Instrument Number 060010118 (the “Deed of Trust”), the undersigned, under that certain Appointment of Substitute Trustee dated June 5, 2017 and recorded in the Clerk’s Office as Instrument Number 170003028 will offer for sale at public auction on December 15, 2017 at 11:00 a.m., at the Isle of Wight County Circuit Court, 17000 Josiah Parker Circle, Isle of Wight, Virginia 23397, subject to the terms set forth below, the following described real property, together with all and singular the improvements, ways, easements, rights, privileges, and appurtenances to the same belonging, or in any way appertaining (collectively, the “Property”):
All of that certain lot, piece or parcel of land lying, situate and being in Windsor Magisterial District, Isle of Wight County, Virginia, designated as “Parcel A-1” as shown on that certain map or plat entitled “FAMILY TRANSFER PLAT SHOWING SUBDVISION OF PARCEL ‘S’ AS SHOWN ON PLAT ENTITLED ‘FAMILY TRANSFER PLAT SHOWING SUBDIVISION, THE PROPERTY OF SIDNEY LAWRENCE, JR. ET ALS’, WINDSOR MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA”, made October 19, 1999, by Ernest C. Hawkins, Jr., C.L.S., a copy of which plat is recorded in Plat Cabinet 2, Slide 71, Page 17 in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, reference to which plat is hereby made for a more particular description of said property.

TERMS OF SALE: CASH. The Property is to be sold “AS IS” and “WITH ALL FAULTS”, without any representations or warranties, SUBJECT TO the rights of any person(s) in possession, to the extent any such rights exist and have priority over the Deed of Trust, and to any covenants, conditions, restrictions, easements, defects, encumbrances, adverse claim, and liens, whether recorded or inchoate, that have priority over the Deed of Trust. The successful bidder shall be required to execute a memorandum of sale and will be required to provide a deposit of 10% of the successful bid in cash, certified or cashier’s check. The Property will be conveyed by Special Warranty Deed. Settlement must occur within thirty (30) days from date of sale, TIME BEING OF THE ESSENCE, BEING OF THE ESSENCE, or the Substitute Trustee, without limitation, may apply the deposit to the expenses of sale and the indebtedness secured by the Deed of Trust, resell the Property at the cost of the defaulting purchaser, and the Substitute Trustee shall be entitled to recover from any defaulting purchaser any deficiency resulting from such resale, or sue the defaulting purchaser for specific performance. The Substitute Trustee reserves the right to remove the Property from sale at any time before the sale is announced as final, to reject any and all bids, keep bidding open for any length of time, waive deposit requirements, extend time for settlement, and announce additional terms of sale. Terms of sale announced at the public auction will supersede all advertised terms of sale. All closing costs, other than the preparation of the Substitute Trustee’s deed and the grantor’s tax, shall be borne by the successful bidder. Real estate taxes and other assessments shall be prorated as of the date of sale. The risk of loss or damage to the Property by condemnation, fire or other casualty shall be borne by the successful bidder from and after the time of sale. The Substitute Trustee is not obligated to deliver possession of the Property to the successful bidder, who shall be solely responsible for obtaining possession of the Property.
The below named is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.

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For information contact:
Richard E. Biemiller, Esquire (VSB #29017)
Wolcott Rivers Gates
200 Bendix Road, Suite 300
Virginia Beach, Virginia 23452
Phone: (757) 497-6633
Substitute Trustee




Notice is hereby given that the Town Council of the Town of Smithfield, Virginia, will hold a public hearing at the regular meeting of the Town Council in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, December 5, 2017 at 7:30 p.m. to consider the application of Robin Wiatt, owner, and Brian Oszust and Mary Oszust, applicants, for a special use permit under the provisions of Article 3.H., Sections C and H., and Article 6 of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve the use of a residential structure for a non-residential use, in particular for retail sales. The property which is the subject of this special use permit is located at 322 Main Street. The property in question is zoned D, Downtown District.
Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection in the offices of the Department of Planning, Engineering, & Public Works, 310 Institute Street, Smithfield, Virginia.


BY: Lesley G. King, Clerk



4550 Carsley Road, Waverly, VA 23890

By virtue of the power and authority contained in a Deed of Trust dated March 12, 2007, and recorded in Deed Book 215, Page 587 in the Clerk’s Office for the Circuit Court for Surry County, VA, securing a loan which was originally $121,950.00. The appointed SUBSTITUTE TRUSTEE, Commonwealth Trustees, LLC will offer for sale at public auction at the front steps of the Circuit Court of Surry Co. at 28 Colonial Trail East, Route 10 and 31, Surry, VA 23883-0203 on:
December 14, 2017 at 5:00 PM
improved real property, with an abbreviated legal description of ALL that certain tract or parcel of land with the improvements thereon and the appurtenances thereto belonging, lying, being and situate in Guilford District, Surry County, Virginia, located on the northerly side of State Route 615 and shown on a “PLAT OF 2.00 ACRES SITUATED ON THE NORTHERN LINE OF ROUTE 615, IN THE GUILFORD DISTRICT OF SURRY COUNTY, VIRGINIA RE: Lillie A & Clarence P. Fields Sr.” dated October 12, 1994, made by Frederick A. Gibson & Associates, P.C., Professional Land Surveyor, further being described on said plat as: Beginning at a point on the North line of State Route #615 being 0.95 ± miles to State Route 612; thence N. 18°00′00” E 210 feet to an unmarked corner: thence S. 64°13′11” E 379.41 feet to an unmarked corner: thence S 39°21′00”W 329.58′ to a rod on the north line of State Route #615 thence N. 40°51′49” W along said road 197.68 feet: thence N. 44°00′00”W 98.22 feet to the point of beginning.And more commonly known as 4550 Carsley Road, Waverly, Virginia, and as more fully described in the aforesaid Deed of Trust.

TERMS OF SALE: The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust to be announced at the time of sale. A deposit of $20,000.00, or 10% of the sale price, whichever is lower, in cash or cashier’s check payable to the SUBSTITUTE TRUSTEE will be required at the time of sale. The balance of the purchase price, with interest at the rate contained in the Deed of Trust Note from the date of sale to the date said funds are received in the office of the SUBSTITUTE TRUSTEE, will be due within fifteen (15) days of sale. In the event of default by the successful bidder, the entire deposit shall be forfeited and applied to the costs and expenses of sale and Substitute Trustee’s fee. All other public charges or assessments, including water/sewer charges, whether incurred prior to or after the sale, and all other costs incident to settlement to be paid by the purchaser. In the event taxes, any other public charges have been advanced, a credit will be due to the seller, to be adjusted from the date of sale at the time of settlement. Purchaser agrees to pay the seller’s attorneys at settlement, a fee of $445.00 for review of the settlement documents.
Additional terms will be announced at the time of sale and the successful bidder will be required to execute and deliver to the Substitute Trustees a memorandum or contract of the sale at the conclusion of bidding.

FOR INFORMATION CONTACT: Rosenberg & Associates, LLC(Attorney for the Secured Party)4340 East West Highway, Suite 600Bethesda, MD 20814



Joint Public Hearing Notice

NOTICE is hereby given that the Town Council of Claremont, VA has scheduled a joint public hearing of the Planning Commission and the Town Council for Wednesday, December 6, 2017 at 4115 Spring Grove Ave. Claremont, VA. The Planning Commission public hearing will begin at 6:30pm followed immediately by the Town Council Public Hearing at 7:00pm. The purpose of the Joint Public Hearing is to hear public comments and consider the approval of a conditional use permit application to install a Communication Tower with a height of 174’ on a parcel located on Minnesota Avenue, Claremont, VA 23899.
By order of: George Lee Edward, Mayor of Claremont