REAL ESTATE SITUATE
IN DICKENSON COUNTY, VIRGINIA
In execution of a Deed of Trust dated January 4, 2010, and recorded in the Office of the Clerk of the Circuit Court of Dickenson County, Virginia in Deed Book 474, Page 169, Deed Instrument No. 100000063, the undersigned Trustee will offer for sale at public auction all that certain property, together with all improvements thereon and appurtenances thereunto belonging, more particularly described in the said Deed of Trust, having a street address of 188 Boggs Hill, Clintwood, Virginia 24228; and tax identification numbers of 4188 and 19858, respectively, and described as follows:
All those certain tracts or parcels of land, with all the appurtenances thereto belonging, situate, lying and being on the waters of Caney Creek, a tributary of McClure River in Dickenson County, Virginia, and being more particularly bounded and described as follows:
TRACT NO. 1: BEGINNING on a stake (chestnut stump called for but now gone) a corner to the Long John Yates and Ruben Hayes tract; thence S 00 14 E 342.1 feet to a concrete hub, a corner of the Clinchfield Coal Corporation and Ruben Hayes tract; thence with the line of said corporation S 53 14 W 313.6 feet to a white oak on a spur, corner of Ruben Hayes tract; thence S 56 28 W 161.5 feet to a stake in hollow; thence leaving the Ruben Hayes line up the hollow N 66 15 E 163.0 feet to a double locust in hollow; thence up the hollow N 42 45 E 157.0 feet to a locust in the hollow; thence leaving the hollow N 17 30 E 120.8 feet to a steel pin; thence N 07 00 W 114.0 feet to a steel pin; thence N 07 00 E 65.3 feet to a small maple by a lane and in the Ruben Hayes line; thence running with the Ruben Hayes line S 79 00 E approximately 125.0 feet to the BEGINNING, containing 1.7 acres, more or less, and being the same land conveyed to Dwayne Boggs and Patricia Boggs by John Hayes and Jean Hayes by deed dated August 13, 1991, of record in Deed Book 275, page 454, of the Clerk’s Office of the Circuit Court of Dickenson County, Virginia. (Tax ID No. 4188)
TRACT NO. 2: BEGINNING at an iron pin in the Southwestern property line between the parties; 36 feet east to a metal stake; thence 156 feet southwest to a metal stake; thence 90 feet northwest to a concrete monument; thence 106 feet northeast to the BEGINNING, and being the same land conveyed to Dwayne Boggs by Matthew B. Deel and Sherry M. Deel by deed dated April 23, 1988, of record in Deed Book 336, page 619, of the aforesaid Clerk’s Office. (Tax ID No. 19858)
Sale shall be made subject to all rights, reservations, restrictions, covenants, and easements of record in the aforesaid Clerk's Office which may affect the title to the real property hereinabove mentioned.
Date of Sale: Friday, June 28, 2013.
Time of Sale: 12:00 p.m.
Place of Sale: Front Steps of the Dickenson County Courthouse, Main Street, Clintwood, Virginia.
Terms of Sale: The Successful Bidder shall make a ten percent (10%) deposit at the time of sale, subject to the exception that the Trustee reserves the right to modify or waive the deposit requirement if the Noteholder is the successful bidder. The entire amount of the successful bid must be paid in full by certified or bank cashier’s check within thirty (30) days after sale, and time is of the essence as to the closing date and payment of the purchase price.
This sale is subject to all restrictions, rights-of-way, conditions, easements, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust.
Deposit, without interest, is applied to the purchase price at settlement. Settlement will be held on or before 15 days after sale, but may be extended in the discretion of the Trustee. Upon purchaser’s default, the deposit shall be forfeited and the property shall be resold at the risk and costs of the defaulting purchaser. In the event the Trustee cannot convey to the purchaser marketable title, in the Trustee’s sole discretion, the sale may be rescinded and the purchaser’s sole remedy shall be the refund of the deposit.
The balance of the purchase price shall be in cash or its equivalent.
Settlement shall be at the office of the trustee or other mutually agreed location. The property and any improvements thereon shall be sold in “as is” condition without any warranties. The successful bidder shall assume all loss or damage to the property from and after the time of the sale.
Purchaser shall be responsible for all costs of the conveyance, which shall be by special warranty, including but not limited to the preparation of the deed and the grantor’s tax. The sale is subject to such additional terms as the Trustee may announce at the time of sale. The purchaser may be required to sign a memorandum of sale incorporating all the terms of the sale.
Written notice of this Trustee’s Sale has been sent to the owners by certified mail in strict compliance with Section 55-59.1 of the Virginia Code.
Given under my hand this 13 day of June, 2013.
BUDDY H. WALLEN
H. RONNIE MONTGOMERY, TRUSTEE
Farmers and Miners Bank
P. O. Box 2219
Clintwood, Virginia 24228
TRUSTEE’S SALE OF
643 BIG SMITH RIDGE RD
CLINTWOOD, VA 24228
Pursuant to the terms of a certain Deed of Trust, in the original principal amount of $63,573.00 , dated November 10, 2010, and recorded in the Clerk's Office of the Circuit Court of Dickenson, Virginia (the "Clerk's Office"), in Deed Book 483 at Page 262 as Instrument Number 100001713, default having been made in the payment of the note thereby secured, the undersigned Sole Acting Substitute Trustees, pursuant to the request of the holder of the Note thereby secured, will offer for sale at public auction outside of the Dickenson Circuit Court, located at 293 Clintwood Main Street, Clintwood, VA 24228 on June 25, 2013 at 01:00 PM, the property briefly described as 643 BIG SMITH RIDGE RD, CLINTWOOD, VA 24228, and more particularly described in said Deed of Trust as follows:
Being on Smith Ridge, in Dickenson County, Virginia, Beginning at an iron pin in the Southwest side of State Route 700 on Smith Ridge, thence along with the same N. 43 28 W. 100 feet to an iron pin in the right of way line in said road; thence leaving said road and down a Hillside S. 40 00 W. 386 feet to a stake in the line of Verline Moore thence with his line S. 48 18 E. 103 feet to a stake in said line thence leaving same and up a hill N. 40 00 E. 376 feet to the beginning.
There is also conveyed by this Instrument a 2006 Clayton manufactured home with the Model No. CLH030670INAB and floor size 60’x28’, with improvements thereon.
TERMS OF SALE: Cash. A ten percent (10%) bidder's deposit in cash or certified check payable to the Trustee(s) shall be required of the successful bidder at the time of sale before the bidding will be closed; settlement must be made within twenty (20) days from the date of sale or property to be resold at cost of defaulting purchaser. All costs of conveyancing, examination of title, recording charges, etc. will be at cost of purchaser. Neither the Substitute Trustees, nor any other party guarantees or covenants to deliver, or in any way, to obtain possession of the premises for any third party purchaser. Additional terms may be announced at the time of sale.
Sole Acting Substitute
This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
281 Independence Boulevard Pembroke One Building
Virginia Beach, VA 23462
BETWEEN HOURS OF 9:00 A.M. and 11:00 A.M. ONLY
Our Case No: CA12-191289-3