NOTICE OF TRUSTEE’S SALE 4919 and 4935 Catawba Road, Troutville, VA 24175

3 parcels, Botetourt County, Virginia

Tax ID Numbers 86-11B, 86-14, and 86-14A

BOTETOURT COUNTY, VA

In execution of a credit line deed of trust dated December 30, 2002 (the “Deed of Trust”), recorded in the Office of the Circuit Court of Botetourt County, Virginia, as Instrument No. 020009570, the undersigned substitute Trustees, any or all of whom may act, will offer for sale at the property located at or near 4919 and 4935 Catawba Road, Troutville, Virginia, on November 15, 2019, at 12:00 o’clock noon, which property is described as follows:

All that certain tract or parcel of land, with improvements thereon and easements and appurtenances thereunto appertaining, lying and being in Botetourt County, Virginia, and more particularly described as follows, to-wit:

Tract 1:  BEGINNING at an old iron on the westerly side of Virginia Secondary Route 779, corner to Jewell C. Arney property and being the extreme southerly side of Nannie C. Keith property, (Deed Book 169, Page 264); thence with westerly side of Route 779, N. 5° 33′ 40″ W. 134.85 feet to a point; thence still with Route 779, N. 9° 04′ 10″ W. 75.10 feet to an iron; thence with a new division line through the Nannie C. Keith property, S. 74° 47′ W. 93.32 feet to an iron on line of Jewel C. Arney; thence with the line of same generally along a fence S. 32° 00′ E. 216.95 feet to the BEGINNING and containing 0.25 acres and being as shown on map made by T. P. Parker & Son, Engineers and Surveyors, dated December 18, 1974, LESS AND EXCEPT all that certain property acquired by the Commonwealth of Virginia for the alteration of State Sec. Rte. 779 in D. B. 244, page 849, and D. B. 288, page 516, in the Clerk’s Office of the Circuit Court of the County of Botetourt, Virginia.

Tract 2:  All that certain lot or parcel of land lying and being in the Amsterdam Magisterial District, County of Botetourt, State of Virginia, and more particularly described as follows:

BEGINNING at a point marked (A) on the plat hereinafter mentioned, where four small ash saplings are called for (being point 5 in the said Lewis Guy deed in Deed Book 90, page 122); thence S. 10° E. 50 feet to a point, B, on said plat where an iron stake is planted, being point 6 in the Lewis Guy deed; thence S. 32° E. 260 feet as per deed, but actually only 250 feet, to a stake in the west line of old State Route No. 114, now State Secondary Route No. 779, point C on said plat and corner No. 7 in said Lewis Guy deed; thence with the west line of Route No. 779 N. 7 1/2° W. 296.15 feet to a point on the west side of Route No. 779, marked D on said plat, where an iron pin is planted this being a new corner; thence new and division line through the Lewis Guy property S. 76° 39′ W. 108 feet to the point on BEGINNING at point (A), and as shown Parcel B on a plat of survey prepared by C. Buck Meredith, CLS, and recorded in Plat Book 4, page 15, of the records in the Clerk’s Office of the Circuit Court of Botetourt County.

LESS AND EXCEPT:  BEGINNING at an old iron on the westerly side of Virginia Secondary Route 779, corner to Jewell C. Arney property and being the extreme southerly side of the Nannie C. Keith property (Deed Book 169, page 264); thence with the westerly side of Route 779, N. 5° 33′ 40″ W. 134.85 feet to a point; thence still with Route 779, N. 9° 04′ 10″ W. 75.19 feet to an iron; thence with a new division line through the Nannie C. Keith property, S. 74° 47′ W. 93.32 feet to an iron on line of Jewell C. Arney; thence with the line of same generally along a fence S. 32° 00′ E. 216.95 feet to the BEGINNING and containing 0.25 acres and being as shown on map made by T. P. Parker & Son, Engineers and Surveyors, dated December 18, 1974.

TOGETHER WITH those perpetual rights and easements reserved for benefit of the property herein conveyed as more particularly set forth in deed from grantors herein, dated June 26, 1984, to Dennis R. Morgan and recorded in the aforesaid Clerk’s Office in Deed Book 295, at Page 285.

Tract 3:  All that certain tract or parcel of land with its appurtenances situated in Amsterdam Magisterial District in the County of Botetourt, Virginia, and more particularly described as follows:

BEGINNING at an iron rod adjacent to the current Williams property and Virginia Route 779; thence S. 07° 08′ 12″ E. 153.87 feet to an iron rod; thence S. 73° 11′ 34″ W. 171.53 feet to a fence corner; thence N. 16° 46′ 15″ W. 364.95 feet to an iron rod; thence N. 74° 47′ 00″ E. 140.34 feet to an iron rod; thence S. 32° 00′ 00″ E. 216.95 feet to the place of beginning and containing 1.460 acres, more or less, all as shown on plat of survey by Mountain Top Surveyors, Inc., a copy of which is attached to and recorded with the hereinafter mentioned deed.

LESS, SAVE, AND EXCEPT from this parcel, so much of the following, if any, described below in instruments recorded in the aforesaid Clerk’s Office:

1. That portion thereof conveyed to the Commonwealth of Virginia by instrument dated July 11, 1978, and recorded in Deed Book 245, page 662.

2. Those parcels acquired by the Commonwealth of Virginia by the following instruments:

(a) Instrument dated July 7, 1959, and recorded in Deed Book 138, at Page 393;

(b) Instrument dated August 3, 1972, and recorded in Deed Book 202, at Page 734, as confirmed in Deed Book 226, at Page 476;

(c) Instrument dated June 3, 1974, and recorded in Deed Book 216, at Page 436.

3. Those parcels conveyed to the Norfolk and Western Railway by the following described deeds:

(d) Deed dated January 12, 1951, and recorded in Deed Book 104, at Page 46;

(e) Deed dated April 23, 1951, and recorded in Deed Book 104, at page 380.

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 OF SALE

1. Substitute Trustee has employed an auction company. The property will be offered in two parcels.

2. REGISTRATION: Bids will only be accepted from registered bidders. Driver’s License and one or more Cashier’s Checks in the amount of $10,000.00 will be required to register.

3. DEPOSIT: The successful bidder will be required to sign a Memorandum of Sale immediately following the falling of the hammer, and the Cashier’s Check(s) in the amount of $10,000.00 per parcel, will be delivered to Substitute Trustee. The Deposit will be applied to the Purchase Price at closing. The Deposit is Non-Refundable. Closing will take place within 30 days of sale.

4. DEED: The property will be conveyed by Special Warranty Deed.

5. ANNOUNCEMENTS: Announcements made on the day of sale, take precedence over all prior communications, both verbal and written, concerning the sale or the property.

6. BUYER’S PREMIUM: There will be a 10% Buyer’s Premium in effect on day of sale. The Buyer’s Premium is added to the high bid amount, to determine the Sales Price.

7. “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.

8. BID INCREMENTS: Auctioneer reserves the right to set bid increments.

9. TYPES OF AUCTION: Sale: Trustee Foreclosure Auction – to be Sold “ABSOLUTE” – REGARDLESS OF THE PRICE. The lienholder reserves the right to bid at the sale.

Peter M. Pearl, F. B. Webster Day, and Bryson J. Hunter

Substitute Trustees

For Information Contact:

Peter M. Pearl, Esquire

ppearl@spilmanlaw.com

Spilman Thomas & Battle, PLLC

P.O. Box 90

Roanoke, Virginia  24002

540-512-1800 Telephone