222 Cove Mountain Lane, Buchannan, VA 24066

By virtue of the power and authority contained in a Deed of Trust dated April 8, 2005 and recorded at  April 13, 2005 in Instrument Number 050001945 in the Clerk’s Office for the Botetourt County Virginia Circuit Court, Virginia, securing a loan which was originally $150,400.00.  The appointed SUBSTITUTE TRUSTEE, Commonwealth Trustees, LLC will offer for sale at public auction at the Botetourt County Circuit Court courthouse steps located at 1 W Main Street, Fincastle, VA 24090-0219.

October 14, 2025 at 11:00 AM improved real property, with an abbreviated legal description of the following described property, to wit:

The following described property, lying and being in Buchanan Magisterial District, Botetourt County; Virginia, to-wit.:

Parcel 54-19

Being all that certain lot, tract or parcel of land at diamond hill, containing according to the land books of Botetourt County. Virginia 1.88 acres, more or less, that was devised to Lewis Mathew Tolley by Oscar Elmer Tolley by his last will and testament probated November 23, 1970 and spread in the Clerk`s Office of the Circuit Court of Botetourt County, Virginia, in Will Book 19, page 40.

TOGETHER WITH that certain well and water right conveyed to Oscar Elmer Tolley (as Oscar E. Tolley) by Dovie L. Newcomb, widow by deed of easement dated August 24, 1970, and recorded in said Clerk`s Office in deed book 191, page 741, to which reference is hereby made for a more particular description said easement.

Parcel 54-20

BEGINNING at a point and a corner marked by an iron stake, thence south 75° 30` east 65 feet to a point and corner; thence 14° 30` west 100 feet to a point and a corner; thence north 75° 30` west 65 feet to a point and a corner; thence north 14° 30` east 100 feet to a point and a corner, the place of BEGINNING, and containing twelve one-hundredths (12/100) of an acre more or less. This Lot is 65 feet by 100 feet.

A map or plat of the above the above-described land hereby conveyed will be found in the Clerk`s Office of the Circuit Court of Botetourt County, Virginia, in Deed Book 113, at page 399, to which map reference is here made for a further description of this property hereby conveyed, and which plat so recorded shall have the same force and effect as if made a part of this deed.

The property hereby sole and conveyed is subject to certain water rights in the well on the land hereby conveyed as contained in a certain contract and agreement made between made between the grantors herein [Edward L. Humphries and Ellie Lucille Humphries, his wife] and Oscar E. Tolley and Lewis Matthew Tolley, which instrument is dated January 5, 1957, and is recorded in said Clerk`s Office in Deed Book 127, at page 222, to which instrument so recorded in said deed book in said Clerk`s Office reference is here and now made for the for a complete description of the said water right, etc. to which the land hereby sold is subject.

TOGETHER WITH a right of way and easement 20 feet in width, for purpose of the ingress and egress to the property herein conveyed from State Secondary Route 622 (according to Botetourt County Tax Map Records), and as shown on plat dated November 14, 1953, and as more particularly described in the deed recorded with said plat, said deed being recorded in the Clerk`s office of the Circuit Court of Botetourt County, Virginia, in Deed Book 113, at page 397.

Parcel 54-21

Beginning at a point on the easterly right-of-way line of the N & W Railway; thence leaving said N & W, S. 67° 27` 33″ E. 112.50 feet to a stake in a pathway; thence S. 24° 56` 29“ W. 269.71 feet to a stake southwest of a pathway; thence along an old fence N. 61° 22` 10″ W. 78.66 feet to a point on the said right-of way line of the N & W Railway; thence with the latter, with a curve to the left with an arc of 262.46 feet and a chord bearing N. 17° 30` 36″ E. 262.14 feet to the beginning, together with a right-of way with ingress and egress to State Route #622, as shown on the survey thereof dated March 11, 1980 made by Charles R. McMurry, C.L.S.

AND as more fully described in the aforesaid Deed of Trust.

TERMS OF SALE:  The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust to be announced at the time of sale.  A deposit of $20,000 or 10% of the sale price, whichever is lower, will be required at the time of sale, in the form of certified check, cashier’s check or money order by the purchaser.  The balance of the purchase price, with interest at the rate contained in the Deed of Trust Note from the date of sale to the date said funds are received in the office of the SUBSTITUTE TRUSTEE, will be due within fifteen (15) days of sale.  In the event of default by the successful bidder, the entire deposit shall be forfeited and applied to the costs and expenses of sale and Substitute Trustee’s fee.  All other public charges or assessments, including water/sewer charges, whether incurred prior to or after the sale, and all other costs incident to settlement to be paid by the purchaser.  In the event taxes, any other public charges have been advanced, a credit will be due to the seller, to be adjusted from the date of sale at the time of settlement.  Purchaser agrees to pay the seller’s attorneys at settlement, a fee of $470.00 for review of the settlement documents.

Additional terms will be announced at the time of sale and the successful bidder will be required to execute and deliver to the Substitute Trustees a memorandum or contract of the sale at the conclusion of bidding.

FOR INFORMATION CONTACT

Rosenberg & Associates, LLC

(Attorney for the Secured Party)

4340 East West Highway, Suite 600

Bethesda, MD 20814

301-907-8000

www.rosenberg-assoc.com