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NOTICE OF TRUSTEE’S SALE

April 13, 2023
in Legals
Reading Time: 3 mins read
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Lot 17, Phase IV, Santillane,

0.5660 acres, Tax Map 73(13)17, Parcel

BOTETOURT COUNTY, VA

In execution of a Credit Line Deed of Trust dated July 25, 2013 (the “Deed of Trust”), recorded in the Office of the Circuit Court of Botetourt County, Virginia, as Instrument No. 1303476 and by a certain Deed of Addition of Collateral dated January 31, 2014, duly recorded in the Clerk’s Office of the Circuit Court for Botetourt County, Virginia, as Instrument No. 1400364, 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 property is more particularly described as follows: Tax Map 73(13)17: Lot 17, 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-

  1. 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:
  2. 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.
  3. 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.
  4. Announcement: Announcements made on the day of sale, take precedence over all prior communications, both verbal and written, concerning the sale or the property.
  5. 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.
  6. “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.
  7. 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.

  1. Representations: Auction Company and its representatives represent the foreclosing party.
  2. 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.
  3. Types of Auction: This Auction is an Absolute Auction – regardless of price.
  4. 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

 

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