Trustee Sale – 316 Clay Street

Published 8:02 pm Monday, February 23, 2015

NOTICE OF SUBSTITUTE TRUSTEES’ SALE
316 Clay Street
Franklin, VA 23851

GPIN NO.: 10604844

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. 130000017 and modified by an instrument recorded in the Clerk’s Office as Instrument No. 130000900 (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, tract, or parcel of land lying situate and being in the City of Franklin, Virginia containing 7,595 Sq. Ft. as shown on a plat entitled “Physical Survey Showing Property BEING CONVEYED TO DWIGHT KEITH HUNTER AND SUE B. HUNTER Located at 316 Clay Street in the City of Franklin, Virginia, Scale 1″ = 20′, July 5, 1985 Survey By B. B. Williams, C.L.S., Franklin, Virginia”, said plat being duly recorded in the Clerk’s Office of the Circuit Court of Southampton County, Virginia in Deed Book 284, page 551 and said lot being more particularly described in accordance with same as follows:

BEGINNING at a point on the northeast side of Clay Street, which point is an iron pin found and which serves as a corner point for the parcel herein being conveyed, Clay Street, and the lands of E. F. Wills; thence running N. 34° 50′ E. 145.79′ alongside the lands of E. F. Wills and the parcel herein being conveyed to a point, an iron pin found, thence running S. 56° 05′ E. 53.47′ alongside an alley and the parcel herein conveyed to a point, an iron pin found; thence running S. 36° 02′ W. 146.82′ alongside the parcel being conveyed and other lands of the W. R. Atkinson, Sr., Est. to a point, an iron pin found; thence running N. 55° 00′ W. 50.38′ alongside Clay Street to a point, an iron pin found, the point of beginning.

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