Legals 11-29-17

1SUBSTITUTE TRUSTEE’S SALE OF

24028 LAWRENCE HAVEN LANE
WINDSOR, VA 23487

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.

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
L17-182
Nov22/4tp/32947

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