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Legal Notices
NOTICE OF SUBSTITUTE TRUSTEE S SALE
9 MILL HILL ROAD, HUNTLY.VA 22640
By virtue of the power and authority contained in a Deed of Trust dated July 24, 2003, and recorded in Instrument No. 030001815 in the Clerk's Office of the Circuit Court for Rappahannock County, Virginia, with an original principal balance of $183,200.00, the holder of the indebtedness secured by said Deed of Trust having appointed as Substitute Trustee EQUITY TRUSTEES, LLC, a Virginia Limited Liability Company, by instrument duly executed, acknowledged and delivered, default having occurred under the terms thereof, and at the written request of the party secured thereby, the Substitute Trustee will offer for sale at public auction front steps of the Circuit Courthouse 238 Gay Street Washington, VA 22747., on
Tuesday, July 25,2006 at 9:00 AM
Improved real property known as 9 Mill Hill Road, Huntly, VA 22640, and more fully described in the aforesaid deed of trust.
The property will be sold in "AS IS" CONDITION WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND SUBJECT TO conditions, restrictions, reservations, easements, rights of way, of record affecting same, if any.
TERMS OF SALE: Cash. A ten percent (10%) bidder's deposit in cash or certified check payable to the Trustee shall be required of the successful bidder at the time of sale before the bidding will be closed. The balance of the purchase price will be due within fifteen (15) days of sale. TIME IS OF THE ESSENCE FOR THE PURCHASER. In the event of default by the successful bidder, the deposit shall be forfeited and applied to the costs and expenses of sale and Trustee’s fee, and the property resold at the successful bidder's risk and expense. The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, attorneys’ fees and all other charges incurred by the Substitute Trustee. In the event settlement is delayed for any reason and the property is purchased by someone other than the noteholder, there shall be no abatement of interest caused by the delay. The sale is subject to post-sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale, as well as to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, this sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall the return of his deposit without interest. All costs of conveyance, including examination of title, recording charges, etc. shall be borne by the purchaser with the exception of Grantors tax. Purchaser assumes liability for payment of all taxes, ground rent, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, from the date of sale. All risk of loss shall be on the successful bidder at the time such bid is accepted and the contract of sale executed. Neither the Substitute Trustee, nor any other party, guarantees or covenants to deliver or obtain possession of the premises for any purchaser.
The Substitute Trustee reserves the right to reject all bids, extend the time to receive bids, withdraw the property from sale, waive or modify the deposit requirement, and/or extend the period of time for settlement. Should the Substitute Trustee be unable, for any reason, in its sole discretion, to convey marketable title, the successful bidder's sole remedy in law or equity shall be the return of his deposit. Upon refund of the deposit, the sale shall be void and of no effect.
Written notice of this Substitute Trustee's sale, as required by Section 55-59,1 of the 1950 Code of Virginia, as amended, has been sent to the property owners as their addresses appear in the records of the noteholder, and to all parties prescribed therein.
Additional terms of sale will be announced at the sale.
EQUITY TRUSTEES, LLC
1216 Prince Street
Alexandria, VA 22314 (703)548-4600
FOR INFORMATION CONTACT:
Bierman, Geesing & Ward, LLC,
attorneys for Equity Trustees, LLC
4520 East West Highway. Suite 200
Bethesda, MD 20814 (301)961-6555
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