Trustee Sale – 16168 Smithfield Heights Drive

Published 2:13 pm Monday, September 21, 2015

16168 Smithfield Heights Drive
Smithfield, VA 23430

In execution of the Deed of Trust dated August 14, 2008 and recorded in Instrument 080004554, and modified September 19, 2013, in Instrument No. 130005094, of Isle of Wight County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front steps of the Circuit Courthouse, Courts Building 17000 Josiah Parker Circle, Isle of Wight County, Virginia on October 14, 2015 at 11:45 AM the property more particularly described in the aforementioned Deed of Trust, located at the above address and briefly identified as follows:

All that certain lot, piece or parcel of land, situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, known, numbered and designated as Lot #6 on a certain plat of survey entitled, “SMITHFIELD HEIGHTS, SECTION ONE, ISLE OF WIGHT COUNTY, VIRGINIA”, made by C.K. Tudor Engineers, dated August 4, 1972, recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 5, at page 233, on August 7, 1972 and described with reference to said plat as follows:

Beginning at a point on the north side of Smithfield Heights Drive, at the boundary line between Lot #5 and Lot #6, a corner; thence along said boundary line S.02 degrees, 30′ 00″ W., 234.45 feet to a point, a corner; thence S. 76 degrees 49′ 10″E. 101.76 feet to a point at the division line between Lot #6 and Lot #7, a corner; thence along the division line between Lot #6 and Lot #7, N. 02 degrees 30′ 00″ E. 253.31 feet to a point on the south side of Smithfield Heights Drive, a corner; thence along the south side of Smithfield Heights Drive, N. 87 degrees, 30′ 00″ W. 100.00 feet to the point of beginning.

Together with all and singular the buildings and improvements thereon, the rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land belonging or in anywise appertaining.

Subject to restrictions, covenants, conditions and easements of record contained in duly recorded deeds, plats and other instruments constituting actual or constructive notice in the chain of title to the property hereby conveyed, which have not expired or have not otherwise become ineffective.

Tax No.: 31A-03-006

The property and improvements will be sold in “as is” physical condition without warranty of any kind.

TERMS OF SALE: A non-refundable bidder’s deposit of $16,000.00 or 10% of the sale price, whichever is less, by cashier’s or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier’s check within 14 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser’s responsibility. Taxes are pro-rated to the date of sale. Purchaser is responsible for obtaining possession of the property. If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses, and attorney’s fees of both sales. If Trustee does not convey title for any reason, purchaser’s sole remedy is return of deposit without interest. This sale is subject to post-sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

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Virginia Beach, VA 23452