Trustee Sale – 104 South High Street

Published 7:50 pm Monday, February 23, 2015

NOTICE OF SUBSTITUTE TRUSTEES’ SALE
104 South High Street
Franklin, VA 23851

GPIN NO.: 123048257

In execution of that certain deed of trust (“Deed of Trust”) to Darius A. Johnson, as trustee, for whom Paul K. Campsen and Terry C. Frank, either of whom may act, have been substituted as substitute trustees by a substitution of trustee made as of February 16, 2015, which will be recorded in the Clerk’s Office of the Circuit Court of Southampton County, Virginia (“Clerk’s Office”) (collectively, the “Substitute Trustees”), which Deed of Trust is dated December 28, 2012, and recorded in the Clerk’s Office as Instrument No. 130000019 and modified by instruments recorded in the Clerk’s Office as Instrument No. 130000971 and Instrument No. 130000981 (collectively, the “Deed of Trust”), default having occurred in the payment of the debt secured by the Deed of Trust and at the request of the owner and holder of the note evidencing the debt, the Substitute Trustees will offer for sale at public auction to the highest bidder at 10:00 a.m. on March 9, 2015 at the front main entrance of the courthouse building of the Circuit Court of Southampton County, 22350 Main Street, Courtland, Virginia, the following real property and improvements (“Property”):

ALL THAT certain lot or parcel of land lying situate and being in the Town of Franklin (now City of Franklin), Southampton County, Virginia, more particularly described as follows:

BEGINNING at a point on the east side of High Street in said town where the lands of the Seaboard & Roanoke Railway Company intersects the said High Street on the north side of the said Railway Company’s right-of-way, running thence in an easterly direction along the north side of the said Seaboard & Roanoke Railway Company’s right-of-way at right angles with High Street to a depth of 124 feet, thence in a northerly direction parallel with High Street 63 feet, thence in a westerly direction a line at right angles with High Street, 124 feet to High Street, thence in a southerly direction along the east side of High Street, 63 feet, to the point of beginning and containing 1/8 acres, more or less.

The sale of the Property shall be made subject to: (a) the covenants, conditions, easements, restrictions, reservations, if any, superior to the lien of the Deed of Trust duly of record and constituting constructive notice; (b) any and all rights, defects, liens, encumbrances or adverse claims of whatever nature, recorded and unrecorded, including any and all statutory lien(s) for labor or materials that are superior to the lien of the Deed of Trust; and (c) the rights, if any, of persons in possession of the Property. The Property is being sold “AS IS” without representation or warranty of any sort or nature concerning its condition.

TERMS: CASH.

The Buyer shall pay for all recording charges, examination of title, settlement fees and all costs of conveyancing (including delinquent and current real estate taxes), which shall be by Special Warranty Deed. The highest bidder may be required to deposit ten percent (10%) of the successful bid amount at the time the Property is sold and shall execute a memorandum of sale. The deposit shall be paid in cash or a certified or cashier’s check. Settlement is to be held within ten (10) days of the sale at the Norfolk offices of the Substitute Trustees, unless the Substitute Trustees in their sole discretion agree to a different date and location. In the event closing does not occur within ten (10) days of the sale, then the Substitute Trustees may retain the deposit, treat the sale as cancelled and resell the Property. The holder of the note evidencing the debt secured by the Deed of Trust expressly reserves the right to bid at the sale. The Substitute Trustees expressly reserve the right to reject any bid(s).

FOR INFORMATION CALL:
SUBSTITUTE TRUSTEES:
Paul K. Campsen, Esq.
Terry C. Frank, Esq.
Kaufman & Canoles, a professional corporation
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Tele: (757) 624-3000
Fax: (757) 624-3169