5 tracts of land located in Botetourt County

Parcel 2 – 0.28 acres, Tax Map 61-85B, Parcel 21438

Parcel 3 – 608.59 acres, Tax Map 61-90, Parcel 21444

Parcel 4 – 2.533 acres, more or less, Tax Map 62-39, Parcel 21613 Parcel 5 – 15.002 acres, more or less, Tax Map 62-38, Parcel 21612 Parcel 6 – 53.880 acres, Tax Map 62-43, Parcel 21618 5 tracts of land located in the Town of Fincastle (Botetourt County)

Tract 1 – 87.5070 acres, Tax Map 73-118, Parcel 23865

Tract 2 – 9.8590 acres, New Lot E, Tax Map 73-122E, Parcel 30519 Lot 7, Phase IV, Santillane, 0.4770 acres, Tax Map 73(13)7, Parcel 31461 Lot 16, Phase IV, Santillane, 0.5660 acres, Tax Map 73(13)16, Parcel 31470 Lot 18, Phase IV, Santillane, 0.5680 acres, Tax Map 73(13)18, Parcel 31472 BOTETOURT COUNTY, VA In execution of a Credit Line Deed of Trust dated April 23, 2014 (the “Deed of Trust”), recorded in the Office of the Circuit Court of Botetourt County, Virginia, as Instrument No. 140001192 as corrected by the Corrected Credit Line Deed of Trust dated April 23, 2014, recorded in the Office of the Circuit Court of Botetourt County, as Instrument No. 140002419, the undersigned substitute Trustees, any or all of whom may act, will offer for sale at Daleville Town Center Clubhouse, 150 Shenandoah Ave, Daleville, Virginia, on April 28, 2023, at 12:00 o’clock noon, the following property located in Botetourt County, Virginia, which properties are more particularly described as follows: Parcel 2: Tax Map 61-85B, Parcel 21438

BEGINNING at a point at the lowest point of Catawba Creek which borders the property of George P. Moore, Jr. and Emily W. Moore and Earl G. and Annie Bell Cahoon property; thence in an easterly direction over the Cahoon property to the Moore property known as Spiller’s

Ridge; thence in a southerly direction 50’ along the Moore property known as Spiller’s Ridge to a

point; thence westerly to a point on Catawba Creek which borders the Moore property; thence

northerly 50’ to the point of BEGINNING; and being a parcel 50’ wide and approximately 250

yards long over which there is a road bed. Parcel 3: Tax Map 61-90, Parcel 21444

BEGINNING at a point in the East line of the Earl G. Cahoon property, said beginning point being in the extreme westerly line of the herein conveyed property; thence with the Cahoon

property North 43° 59’ East, 396.78 feet to an old iron pipe set in concrete; thence with the South lines of a tract of 6.53 acres, to be conveyed to Earl G. Cahoon, the following eleven courses and

distances; North 45° 05’ E. 388.13 feet to an iron pin by an 8” cedar; North 2°. 16’ West, 327.47 feet to an iron pin by a 6” pine; North 45° 18’ East, 133.96 feet to an iron pin in an old road;

North 13° 28’ East 120.15 feet to an iron pin in old road; North 36° 40’ East, 103.20 feet to an iron pin in an old road; North 28° 16’ East, 94.83 feet to an iron pin in an old road; North 10° 28’ East, 125.30 feet to an iron pin in old road; North 21° 10’ West, 101.09 feet to an iron pin in old road; North 7° 36’ East, 91.82 feet to an iron pin in old road; North 63° 22’ East, 126.73 feet to an iron pin in old road; North 52° 10’ East, 167.96 feet passing the center of a newly established 50 foot right of way and easement leading from the herein conveyed property to Virginia State

Route 681 at 142.93 feet to the East side of said newly established 50 foot right of way and easement, said point also marking the southwest corner of a tract of 8.70 acres heretofore

conveyed to James I. Lowdon (see Deed Book 182, page 370); thence with the Lowdon tract of land the following seven courses and distances, continuing with the center of said old road: North 60° 02’ East, 24.86 feet; North 46° 47’ East, 208.68 feet; North 58° 48’ East, 126.92 feet; South

85° 21’ East, 90.83 feet; thence leaving the center of said old road, North 54° 54’ East, 116.46 feet to an old iron; North 53° 40’ East, 97.67 feet to an old iron; North 20° 12’ East, 186.16 feet to an old iron, marking the southeast corner of the Lowdon tract of 8.70 acres; thence with the southeast line of a tract estimated to be 90 acres, conveyed by Lewis Twyman and Edith M.

Twyman, his wife, to Earl G. Cahoon and Annie Bell Cahoon, his wife, by deed dated the 27th day of September, 1968, and recorded October 4, 1968, and to be found spread beginning page 573,

of Deed Book 183, all references herein being of the records of the Clerk’s Office of the Circuit

Court for the County of Botetourt, North 34° 35’ East, 1893.95 feet passing through a 15” pin oak

at 1336.84 feet and passing an 18” pin oak 1.6 feet North of line at 1611.08 feet to a 12” walnut 25 feet northeast of a sink hole and North 39° 36’ East, 383.77 feet to an iron pin between two 8” cedars; North 41° 43’ East, 689.93 feet to a steel rod at a 12” white oak; North 41° 14’ East, 655.48 feet to an iron pin in hollow 14.5 feet from a 36” chestnut oak; North 31° 32’ East 233.45 feet to a 12” red oak; North 40° 59’ East, 559.11 feet to an iron pin at base of a 15” white oak;

North 40° 14’ East, 729.70 foot to an iron pin at base of a 12”cedar; North 37° 59’ East, 453.41 feet to a 30” white oak; North 38° 33’ East, 1262.23 feet to an iron pin at 2 – 3” cedars; North 34° 45’ East, 1178.21 feet to a steel rod at a double 12” pin oak, corner to what is known as the Will

Tucker property; thence with said property South 45° 39’ East, 920.26 feet passing through an 8”

cedar on line at 143.42 feet to a 24” white oak; thence South 42° 37’ East, 168.08 feet to an 18” red oak; thence South 43° 50’ East, 379.98 feet to a 40” chestnut oak to the property now or formerly known as the Sam Johnson property; thence South 60° 20’ East, 560.27 feet to a point

west of a branch; thence South 46° 42’ East 237.56 feet, crossing said branch to an iron on the East side of said branch; thence South 29° 53’ West, 102.23 feet recrossing said branch to a 24” Hickory to a point in what was formerly or is now the Barnett property; thence South 33° 13’ East, crossing an old road 232.79 feet to a post to the property now or formerly the George

Thompson estate; thence with this property the following three courses: South 22° 13’ East,

420.22 feet to a point; South 2° 29’ West, 59.17 feet; South 24° 40’ East, 470.36 feet to an iron pin by a post to the property now or formerly the Frank Marshall property; thence with this

property South 38° 21’ West, 1352.36 feet to an iron pin planted by a stone in the property line of

what is now or formerly known as the Till Booze property; thence with this property South 38° 32’ West, 1300.74 feet to an iron pin by a cedar post and fence line; thence with what now is or formerly was the Secrist Waldron property; South 73° 00’ West, 1076.34 feet to an iron pin by a post in a fence corner; thence with what now is or formerly was the Hedan Craft property the

following two courses and distances: South 21° 12’West, 816.02 feet to a 15” black oak; South

18° 07’ West, 289.72 feet to an 18” double walnut in a fence corner adjoining what was or now is the Walt Craft property, and with this property the following three courses and distances: South 58° 06’ West, 448.56 feet to an iron at an 18” cedar; South 26° 23’ West, 520.07 feet to a 24”

white oak; South 27° 42’ West, 309.28 feet to an iron pin at a corner post in a fence line, marking the northeast corner of the Nofsinger property; thence with the Nofsinger property the following seven courses and distances: South 58° 39’ West, 554.13 feet to an iron pin by an old stake;

North 46° 28’ West, 1256.51 feet to an iron pin set by old stake on the edge of a large sink hole;

South 81° 07’ West, 455.49 feet to an iron pin at a planted stone between a 20” and an 18” white oak; South 38° 38’ West, 398.06 feet to a 36” white oak in hollow; South 30° 43’ West, 704.33 feet to an iron pin; South 17° 07’ West, 2036.66 feet to an iron pin set in a rock pile by old stone; North 73° 04’ West, 650.99 feet to an iron pin set at a corner post in the North line of Earl G.

Cahoon’s property; thence with the Cahoon property North 62° 21’ West, 1325.33 feet to the place of BEGINNING, and containing an area of 608.59 acres, in accordance with a survey and plat thereof made on November 4, 1969, by T. P. Parker, State Certified Engineer, a plat or a map of which survey was being recorded with the Deed recorded in Deed Book 189, page 295, in the Clerk’s Office of the Circuit Court for the County of Botetourt, Virginia, said Map being also recorded in Plat Book 6, page 16, in the aforesaid Clerk’s Office.

The plat or map also shows the following 50 foot right of way or easement leading from said tract of 608.59 acres in a general northwesterly direction through the Earl G. Cahoon property to Virginia Route 681, the centerline of said right of way being described as follows: BEGINNING at a point in the old road as shown on insert on said plat, said beginning point being 25.03 feet from the southwest corner of the James I. Lowdon tract of 8.70 acres, as shown on plat; thence through the 6.53 acre tract of land to be conveyed to Earl G. Cahoon and the remaining Cahoon property, North 33° 45’ West 125.02 feet to a point; thence continuing through said Cahoon property the following eight courses and distances: North 29° 29’ West, 583.02 feet;

North 63° 16’ West, 253.33 feet; North 74° 55’ West, 145.18 feet; North 36° 39’ West 103.72 feet; North 53° 16’ West, 197.80 feet; North 59° 30’ West, 435.80 feet; North 43° 42’ West,

260.61 feet and N. 57° 05’ W. 93.95 feet to a point in the center line of Route 681, which said

right of way or easement is to be for the joint use and benefit of the grantee, his heirs or assigns

and devisees, and likewise for the equal benefit of the Earl G. Cahoon and Annie Bell Cahoon, his wife, and their heirs, devisees and grantees, who are joined in a deed in Deed Book 189, page 295, as parties of the third part for the purpose of establishing said right of way and easement.

Parcel 4: Tax Map 62-39, Parcel 21613 All of that certain tract or parcel of land containing 2.533 acres, more or less, and shown more fully as Tract VI on that certain “Plat of the Property of Sarah L. and Virginia Smith Patterson”

dated November 20, 2003, prepared by Christopher N. McMurry, L.S., a copy of which is recorded in the Clerk’s Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 30,

Page 19. Parcel 5: Tax Max 62-38, Parcel 21612

All of that certain tract or parcel of land containing 15.002 acres, more or less, and shown more

fully as Tracts IV and V on that certain “Plat of The Property of Sarah L. and Virginia Smith Patterson” dated November 20, 2003, prepared by Christopher N. McMurry, L.S., a copy of

which is recorded in the Clerk’s Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 30, Page 19. Parcel 6: Tax Map 62-43, Parcel 21618

Beginning at a stone, at 1, corner to the land of A. A. Bryant and runneth thence, new lines N. 40°W. 27 poles crossing the branch and passing over a spring to a water oak, at 2, on the south bank of the branch; thence down said branch N. 61° W. 10 4/10 poles to a point, at 3; N. 49° W. 17

8/10 poles to a cedar, at 4, on the south bank of the branch; N. 82 ½° W. 22 poles, passing a walnut tree marked as a corner at 20 poles, to the middle of the creek, just above the mouth of said branch; thence up the creek as it meanders 70 poles to a point, at 6, corner to E. I. Lemon and I. L. Twyman, and with the latter, leaving the creek S. 50° E. 111 poles to a point, at 7, corner to the heirs of Austin Thompson, and with the same, N. 7 ½° E. 65 2/10 poles, passing a double

cedar, corner to said heirs and Barnett, at 45 poles to a white oak, old corner, at 8, corner to said Barnett, and with the same S. 47° E. 40 poles to a stake, at 9, N. 34° E. 23 poles to a white oak, old corner at 10; S. 60 ½° E. 16 ½ poles to a dead white oak, at 11, corner to A. A. Bryant, and

with the same, N. 35° E. 13 poles to a gum and cedar, somewhat recently marked, at 12; and thence N. 61° W. 70 ¼ poles to the place of beginning, at 1, and containing 53 7/8 acres.

Tract 1: Tax Map 73-118, Parcel 23865 All of that certain tract or parcel of land containing 91.775 acres as more fully described on “Plat of the Property of Helen S. Cronise, et als, To Be Conveyed to Santillane, LLC”, dated February

25, 2004 and prepared by McMurry Surveyors, Inc., a copy of which is recorded in the Clerk’s Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 30, Page 60.

LESS AND EXCEPTING Phase IV, Santillane, as shown on survey dated March 28, 2013, prepared by McMurry Surveyors, Inc. of record in the aforesaid Clerk’s Office in Plat Book 56, Pages 5-7.

Tract 2: Tax Map 73-122E, Parcel 30519

All that certain lot or parcel of land, with improvements thereon lying and being situate in the Fincastle Magisterial District of the County of Botetourt, Virginia, shown as New Lot E,containing 19.496 acres, by survey, with metes and bounds as shown on plat of survey made by

Christopher N. McMurry, L.S., dated December 1, 2005, a copy of which plat is recorded in the Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 35, Page 8.

TOGETHER WITH those rights conveyed by Deed of Easement dated April 8, 2013, from Clay O. Fitzgerald and Juanita F. Fitzgerald, husband and wife, of record in Instrument No. 130002677, and corrected by Instrument No. 130002725.

LESS AND EXCEPTING Phase IV, Santillane, as shown on survey dated March 28, 2013, prepared by McMurry Surveyors, Inc. of record in the aforesaid Clerk’s Office in Plat Book 56, Pages 5-7, inclusive.

Tax Map 73(13)7, Parcel 31461: Lot 7, Phase IV, Santillane as shown on plat of survey dated March 28, 2013, prepared by

McMurry Surveyors, Inc. and recorded in the aforesaid Clerk’s Office in Plat Book 56, at Page 5-

7. Tax Map 73(13)16, Parcel 31470:

Lot 16, Phase IV, Santillane as shown on plat of survey dated March 28, 2013, prepared by McMurry Surveyors, Inc. and recorded in the aforesaid Clerk’s Office in Plat Book 56, at Page 5-7.

Tax Map 73(13)18, Parcel 31472: Lot 18, Phase IV, Santillane as shown on plat of survey dated March 28, 2013, prepared by

McMurry Surveyors, Inc. and recorded in the aforesaid Clerk’s Office in Plat Book 56, at Page 5-

7. This sale is subject to all liens, easements, restrictions, conditions, and reservations of record affecting the title to the property hereinabove described, to the extent any of them have priority over the lien of the Deed of Trust.

TERMS AND CONDITIONS:

1. Registration: Bids will only be accepted from registered bidders. Your driver’s license and a cashier’s check or cash in the amount of 10% of the bidder’s high bid will be required to register.
2. Deposit: The successful bidders will be required to sign a Memorandum of Sale immediately following the fall of the hammer, and the cashier’s check or cash, as described above, will be delivered to the Substitute Trustee. The deposit will be applied to the purchase price at closing. The deposit is non-refundable unless Seller is unable to convey marketable title. Closings are to take place within 45 days of sale. Time is of the essence. 3. Deed: The property will be conveyed by Special Warranty Deed.
3. Announcement: Announcements made on the day of sale, take precedence over all prior communications, both verbal and written, concerning the sale or the property.
4. Buyer’s Premium: There will be a 5% Buyer’s Premium in effect on the day of sale. The Buyer’s Premium is added to the high bid amount, to determine the contract sale price.
5. “As-Is, “Where-Is”: The property is being sold “AS-IS”, “WHERE-IS”. Potential Buyers must perform such independent investigations with respect to the property as they deem necessary to verify information provided by the Auction Company or the Seller.
6. Advertisements: All information provided by Auction Company or the Seller is deemed reliable but is not warranted. The information contained in the advertisement brochure and any advertisements by Auction Company are subject to verification by all parties relying thereon. No liability for its accuracy, error or omission is assumed by the Auction Company or the Seller.
7. Representations: Auction Company and its representatives represent the foreclosing party.
8. Bid Increments: Auctioneer reserves the right to set bid increments and to establish the bid sequences for the order of the sale and/or to change both. Lienholder reserves the right to bid at the sale.
9. Types of Auction: This Auction is an Absolute Auction – regardless of price.
10. Lines on Photographs: The lines drawn on the photographs in the marketing materials are not exact. Refer to the survey for the actual property lines.

Peter M. Pearl, Bryson J. Hunter, and Brian H. Richardson,

Substitute Trustees

For Information Contact:

Peter M. Pearl

ppearl@spilmanlaw.com

Spilman Thomas & Battle, PLLC, P.O. Box 90

Roanoke, Virginia 24002

540-512-1800 Telephone