TRUSTEE'S SALE

TRUSTEE'S SALE

OF

VALUABLE REAL ESTATE

52.4509 + acres 11589 Lee Highway, Sperryville, Virginia 22740

In execution of a deed of trust from James E. Swindler and Phyllis P. Swindler, dated September 16,1991, and recorded in Deed Book 187 at page 577 in the Clerk's Office of the Circuit Court of Rappahannock County, Virginia, default having been made in the terms of the loan secured thereby, and having been requested to do so by the holder of the note evidencing said indebtness, the undersigned trustee will offer for sale at public auction at the front door of the Rappahannock County Circuit Courthouse, Gay Street, Washington, Virginia, on December 19, 1997, at 10:00 a.m., the following real estate with improvements thereon. Tax Map Identification No. 37-9B as follows:

All that certain tract or parcel of land lying and being situate in Piedmont Magisterial District, Rappahannock County, Virginia, located on the south side of U.S. Route 211, approximately 2 miles west of Sperryville, Virginia, and being more particularly described according the plat and survey prepared by Richard H. Vogel, C.L.S., dated July 5, 1989 and recorded among the Rappahannock County, Virginia land records in Deed Book 177 at page 840, shown thereon as 52.4509 acres, more or less.

And being a portion of the same property devised to A.W. Kagey, Thomas R. Swindler ana Addison Lee Swindler, Jr. with a life estate to Roy Albert Swindler by the Last Will and Testament of Louella F. Swindler recorded in Will Book Q-147 of the Rappahannock County, Virginia land records. The said A.W. Kagey, and Thomas R. Swindler and Heide S. Swindler, his wife, conveyed their interests to the aforementioned property to James E. Swindler by Deed dated October 7, 1972 and recorded November 1, 1972 in Deed Book 104 at page 561; and the said Addison Lee Swindler, Jr. and Joan B. Swindler, his wife, conveyed their interests to the aforementioned property to James E. Swindler by Deed dated January 23, 1973 and recorded on February 28, 1973 in Deed Book 105 at page 739; and the said Roy Albert Swindler and Anna Bell Estes Swindler, his wife, conveyed his life estate to James E. Swindler and Phyllis P. Swindler, husband and wife, by Deed of Gift dated February 6, 1973 and recorded on February 8, 1973 in Deed Book 105 at page 610, all being recorded in the Clerk’s Office of the Circuit Court of Rappahannock County, Virginia;

And also being property conveyed to James E. Swindler by Deed dated October 7, 1985 from the Commonwealth of Virginia, acting through the State Highway and Transportation Commissioner, and recorded on October 24, 1985 in the Clerk's Office of the Circuit Court of Rappahannock County, Virginia in Deed Book 153 at page 715.

This conveyance will be made subject to conditions, restrictions, rights-of-way, easements, reservations, and financing statements contained in deeds and other land records forming the chain of title to this property, subject to any potential filed or unfiled mechanic’s liens and any other matters of record taking priority over the Deed of Trust being executed, subject to real estate taxes for the year 1997, and subject to rollback taxes, if any, as a result of the property being in land use.

To the extent permissible by law, all bidders, including the successful bidder, waive and release the Trustee, the Noteholder, and their respective agents, successors and assigns from any and all claims such bidder or his successors and assigns may have now or in the future relating to the environmental condition of the Property, including any claims pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and all other actions pursuant to state or local laws, ordinances. or regulations for any environmental condition of the Property.