FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION
Troy, Virginia
Albemarle County Tax Map Nos. 09400-00-00-021A8 and 09400-00-00-21C0 Fluvanna County Tax Map Nos. 2-A-A5 and 8-10-A2
SALE: WEDNESDAY, JUNE 27, 2018 AT 11:00 A.M.
ON THE FRONT STEPS OF THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE 501 EAST JEFFERSON STREET, CHARLOTTESVILLE, VA
June 21, 2018 Dear Sir/Madam: I enclose a copy of the sale ad regarding property for which we will be conducting a foreclosure sale at public auction on Wednesday, June 27, 2018, at 11:00 a.m., at 501 E. Jefferson Street, Charlottesville, Virginia. I will be selling Parcels One and Two (as described in the Deed of Trust and shown on the plat) separately and then together – and I will accept whatever bid(s) brings the best overall price. I do not know what the foreclosure sale price for this property will be since it will be a sale at public auction, but the 2018 Albemarle and Fluvanna County tax assessed value combined is $620,700.00. I believe this will be a great investment and encourage you to attend the auction. Please do not hesitate to call me with any questions about this fantastic investment opportunity. . Very truly yours,
Nancy R. Schlichting NRS:lmg Enclosure
Nancy R. Schlichting Attorney at Law
Direct: (434) 220-6108 [email protected]
Phone: (434) 979-1400 Fax: (434) 977-5109 530 East Main Street P.O. Box 2057 Charlottesville, Virginia 22902
TABLE OF CONTENTS
Sale Ad: Terms of Sale Current Deeds of Trust Annotated Plat Photographs of Property Sample Foreclosure Auction Contract Nancy R. Schlichting Lenhart Pettit 530 East Main Street P.O. Box 2057 Charlottesville, VA 22902 Telephone: (434) 220-6108 Fax: (434) 977-5109 [email protected]
FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION
Troy, Virginia
Albemarle County Tax Map Nos. 09400-00-00-021A8 & 09400-00-00-21C0 Fluvanna County Tax Map Nos. 2-A-A5 & 8-10-A2
SALE: WEDNESDAY, JUNE 27, 2018 AT 11:00 A.M.
ON THE FRONT STEPS OF THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE 501 EAST JEFFERSON STREET, CHARLOTTESVILLE, VA
In execution of three Deeds of Trust, the first being dated February 25, 2004, of record in
the Clerk’s Office of the Circuit Court of Albemarle County, Virginia (“Albemarle County”), in
Deed Book 2697, page 16 (the “First Deed of Trust”), and the second Deed of Trust dated
January 28, 2005, of record in Albemarle County in Deed Book 2911, page 499 and in the
Clerk’s Office of the Circuit Court of Fluvanna County, Virginia (“Fluvanna County”) in Deed
Book 617, page 9 (the “Second Deed of Trust”), and the third Deed of Trust dated August 7,
2006, of record in Albemarle County in Deed Book 3267, page 673 and in Fluvanna County in
Deed Book 695, page 499, the holder of the Notes secured by said First, Second and Third Deeds
of Trust having substituted the undersigned as Trustee by instrument of record in the aforesaid
Clerks’ Offices, the undersigned Acting Substitute Trustee will offer for sale at public auction:
Parcel One: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated partially in Albemarle County, Virginia, and partially in Fluvanna County, Virginia, containing 39.256 acres, more or less, shown on a plat by Residential Surveying Services dated November 1, 2004, and recorded in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, pages 3-4, and in the Clerk’s Office of the Circuit Court of Albemarle County, in Deed Book 2911, pages 496-497. Parcel Two: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623, near Boyd Tavern in Albemarle County, Virginia being more particularly described as Parcel 2 containing 22.433 acres, 12.697 of which are located in Albemarle County and 9.736 of which are located in Fluvanna County, fronting on the private road
providing ingress and egress to State Route 623 as shown on a plat of William S. Roudabush, Inc., C.L.S., dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 50, and in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650.
(the “Property”) TERMS OF SALE Cash. A bidder’s deposit of the lesser of $25,000 or 10% of the
winning bid, shall be paid at the sale by cash or cashier’s check made payable to Bidder (to be
assigned to Trustee if Bidder is successful), with the balance upon delivery of a trustee’s deed
within 30 days of sale. If the initial deposit is less than 10% of the winning bid, then the
successful bidder’s deposit MUST be increased to 10% of the winning bid by cashier’s check or
wired funds within three (3) business days. Settlement shall be held within 30 days after the date
of sale unless otherwise postponed at the sole discretion of the Trustee. Sale is subject to the
covenants, conditions, restrictions, rights of way, and easements, if any, contained in the deeds
and other documents forming the chain of title to the property. Property is sold “AS IS,
WHERE IS,” “WITH ALL FAULTS” and “WITH ABSOLUTELY NO WARRANTIES.”
TIME SHALL BE OF THE ESSENCE WITH RESPECT TO SETTLEMENT. The deposit
shall be applied to the credit of successful bidder at settlement; or, in the event of failure to complete
settlement within the time set forth after the date of sale, in accordance with the terms of sale, the
deposit shall be forfeited and applied to the costs of sale, including Trustee’s fee, and the Property
shall be resold at the cost and expense of the defaulting Purchaser. Risk of loss or damage to the
Property shall be borne by successful bidder from the time of auctioneer’s strikedown at the sale.
Purchaser shall pay all settlement fees, title examination charges, title insurance premiums, and
recording costs. Current real estate property taxes will be prorated at closing as of date of sale.
Rollback taxes, if any, will be the responsibility of the Purchaser.
THE TRUSTEE RESERVES THE RIGHT: (i) to waive the deposit requirements; (ii) to
extend the period of time within which the Purchaser is to make full settlement; (iii) to withdraw the
Property from sale at any time prior to the termination of the bidding; (iv) to keep the bidding open
for any length of time; (v) to reject all bids; and (vi) to postpone or continue this sale from time to
time, such notices of postponement or setting over shall be in a manner deemed reasonable by the
Trustee. Announcements made on day of sale take precedence over all other advertised terms and
conditions.
FOR INFORMATION SEE: www.lplaw.com/foreclosures
Nancy R. Schlichting, acting for Lenhart Pettit P.C. Substitute Trustee 530 E. Main Street P. O. Box 2057 Charlottesville, VA 22902 (434) 220-6108 (Schlichting) [email protected]
-~-·
Instrument Control Number
Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
jT I le I Date of Instrument: : ~ Instrument Type:
[2/26/2004
[DOT
P . Number of Parcels
Number of Pages
City D County W
1]
5]
[Albemarle County J
..
003Lv54
\\ffi\11\illi\ll\llllllm\l\~l\ffl ooo 10: 000663890008 Tvpe : DEE Recorded : 02/26/2004 at 12 :05:53 PM Fee Amt: $209.64 PaRe 1 of 6 Shelbv Mar&hall, Cl erk Ci rcuit Ct shelbV Mar&hall Clerk c1rou1t court File# 2004-00003454
BK2697 pa16-21
(Box for Deed Stamp Only)
E X E M p First and Second Granto_!ll
[ _ _ Last Name First Name Middle Name or Initial I Suffix
• D fOBrlen, ] [Thomas ][
][P ][
First and Second Grantees
][ ][
I Last Name ! First Name I Middle Name or Initial ! Su DD [Treakle TR ] [James ] [E ] I
-ffix
D D [Basham TR ] [Barney ] [W ] )r [
] ]
Grantee Address (Name) [Crescent Mortgage Corporation ] (Address 1) [610 West Rio Road (Address 2) [ (City, State, Zip) [Charlottesville
Consideration [107,100.00 ] Existing Debt [0.00 l [VA J [22901
Assumption Balance [0.00
] ] l ] -------- --- •---• --- --------- ---==5,..,....1.r,~o
Prior Instr. Recorded at: City County [ J Percent. In this Juris. [ ~ Book [ J Paga [ ] Instr. No [ ] Parcel Identification No (PIN) [094000000021 CO J Tax Map Num. (If different than PIN) [094000000021 CO ) Short Property Description [Lot 2 containing 12.697 acres ]
Current Property Address (Address 1) (Address2)
(City, State, Zip)
Instrument Prepared by Recording Paid for by Return Recording to (Name)
Customer Case ID
(Address 1) (Address 2) (City, State, Zip)
Cover Sheet Page# 1 of 1
[ 1 [State Route 623 ] [ ] [Albemarle County ] [VA ] [22974 ]
[James E Treakle Jr [James E Treakle Jr [James E Treakle Jr [700 East High Street [ [Charlottesville [ ] [
] [VA J [22902 ][
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Albemarle County Tax Map:09400.00.00.021CO Fluvanna County Tax Map:B.10.A2 Louisa county Tax Map: 52-34
Prepared by/Return to: James E. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia 22902 qJ4.979.9000
003l15t~·
This DEED OF TRUST made this 25 th day of February, 2004, by and
between THOMAS P. O'BRIEN, Grantor, and JAMES E. TREAKLE, JR.,
Trustee, of the City of Charlottesville, Virginia, whose address is
700 East High Street, Charlottesville, Virginia 22902, and BARNEY
W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose
address is 610 West Rio Road, Charlottesville, Virginia 22 901,
Grantees.
WIT NE SETH:
THAT for and in consideration of the provisions of this deed
and five dollars cash in hand paid by said Trustees unto the said
Granter, receipt of which is hereby acknowledged, the Grantor does
hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the
said Trustees as Grantees the following described property, to-wit:
PARCEL ONE:
All that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623 near Boyd Tavern in Albemarle County, Virginia, being more particularly described as Parcel 2 containing 22.433 acres fronting on the private road providing ingress and egress to State Route 623 as shown on a plat of Williams. Roudabush, Inc., Certified Land Surveyor, dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, · in Deed Book 653, page 650. By reference to sa{d plat it will be seen that a portion of the property conveyed
herein lies in Albemarle County, Virginia, and a portion lies in cluvanna County, Virginia;
BEING the same property in all respects conveyed to Thomas P. O'Brien, Grantor herein, by deed of Allen J. Friedman, dated February 16, 2004, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, immediately prior hereto, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, immediately prior hereto.
PARCEL TWO:
All that certain parcel of land, lying and being situate in the Green Spring Magisterial District, Louisa County, Virginia, containing one (1) acre more or less, bounded as follows:
Beginning on the northeast side of State Route 607 at a telephone pole, corner with the property of Nora B.
·Fletcher; thence, along the said Fletcher's line in a northeasterly direction 273 feet to an iron pipe, corner with said Fletcher and the land of Glass; thence in a northerly direction along the line of the said Glass land, 230 feet to an iron pipe corner with Glass in said Butler's line; thence, a new line with the land of said Butler, 4 50 feet to an iron pin or pipe corner on tne northeast side of the said highway with the land of the said Butler; thence, along the northeast side of said highway, in a southeasterly direction a distance of 120 feet to the Beginning, as shown on a plat recorded November 20, 1961, in the Clerk's Office of the Circuit Court of Louisa County, Virginia, in Deed Book 112, Page 253.
BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of James R. Gibson and Patricia Ann Gibson, husband and wife, dated November 5, 1998, and recorded in the Clerk's Office of the Circuit Court of Louisa County, Virginia, in Deed Book 580, Page 65.
With respect to the property located in Louisa County, Virginia, this lien of this Deed of Trust shall be considered as additional collaterar and not as deferred purchase money.
IN TROST to secure a debt of THOMAS P. O'BRIEN in the
principal amount of ONE HUNDRED-SEVEN THOUSAND ONE HUNDRED AND
NO/100 DOLLARS ($107,100.00) as evidenced by one Promissory Note of
even date with this Deed of Trust, payable to Crescent Mortgage
Corporation, a Virginia corporation, payable in monthly
installments of ONE THOUSAND SEVENTY ONE AND 00/100 DOLLARS,
($1,071.00) bearing interest at the rate of 12. 0% per annum,
commencing on the 25 th day of March, 2004, with the principal and
accrued interest, if not sooner paid, due on the 25 th day of
February, 2006 . The Promissory Note contains provisions relating
to tne deferral of interest payments, the payment of late charges
and the payment of attorney fees.
This Deed of Trust is executed subject to the provisions of
Title 55, Sections 58 through 60, inclusive, of the Code of
Virginia of 1950, and in accordance with the said act the following
provisions are incorporated herein by reference, namely:
(1) Exemptions waived.
(2) Subject to call upon default.
(3) Renewal or extension permitted.
(4) Right of anticipation in whole or in part, at any time
and without penalty, is reserved.
(5) Advertising required: Advertisement of the time, place,
and terms of sale once a week for two (2) consecutive weeks in a
newspaper published or having a general circulation in the
City/County in which the property is located.
(6) Substitution of Trustee permitted.
(7) Any Trustee may act.
( 8) Fi re and extended coverage insurance required in an
amount equal to its full insurable value.
(9) Deferred Purchase Money.
Trustees' commission upon a default shall be a 2 ½%of the
unpaid obligation or $200.00, whichever is greater, if the Trustee
is requested to foreclose but the property is not advertised for
sale; 5% of the unpaid obligation or $500.00, whichever is greater,
if the Trustee is requested to foreclose and the property is
advertised but not sold by the Trustee; and 5% of the gross
proceeds of sale if the Trustee is requested to foreclose and the
property has been advertised and sold. A bidder's deposit of up to
10% of the sale price may be required.
NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR
THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE
OF THE PROPERTY CONVEYED.
WITNESS the following signature and seal:
~ ?£ (S EAL) THOJ\SP.O'BRIEN
---- -----------
,o
STATE OF VIRGINIA CITY/eOUNTY OF: ~u,lillsV1 l,{,L , to-wit:
The foregoing instrument was acknowledged before me this day of February, 2004, by THOMAS P. O'BRIEN.
My c~mmission expires:
RECORDED IN CLERKS OFFrCE OF ALBEMARLE ON
February 28,2004 AT t 2:05:53 PM $0.00 GRANTOR TAX PD
AS REQUIRED SY VA CODE f 68.1-802 STATE: $0.00 LOCAL: $0.00
SHELBY MARSHALL, CLERK CIRCUIT CT
==='ArltcQ • To '2.½ - .DC
~ ~. ~ Notary Public
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Instrument Control Number
Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66)
Date of Instrument:
Instrument Type:
Number of Parcels
Number of Pages
[01/28/2005 ]
[DOT ]
1]
4]
001506
1~m~1~m~!~m1m11~1~,1~1~m~1m1 Doc ID : 000936320006 Tvpe : DEE Recorded : 01/31/2005 at 10 :22 :38 AM f e e Amt: $526 .70 PaQe i of 5 Albemar le Cou~tv, VA Shelbv Mar shal l cler k circuit court File# 2005-00001506
BK2911 pa499-503
City D County GJ [Albemarle County ] (Box for Deed Stamp Only)
[ Last Name First and Second_Grantors
First Name Middle Name or lnHial I Suffix I DD !OBrlen ] [Thomas ] [P l [ l
][ ][ ][ 1 First and Second Grantees
! Last Name I First Name I Middle Name or Initial I Suffix I D O [Basham TR ] [Barney ] [W J [ ] D D [Treakle TR ] [James ] [E ] [Jr J
Grantee Address (Name) [The Crescent Mortgage Corporation l ) (Address 1) [610 West Rio Road
(Address 2) [ (City, State, Zip) (Charlottesville
Consideration [153,000.00 ] Existing Debt [0.00
Prior Instr. Recorded at: City D County·@ [Albemarle County Book [ ] Page [ ] Parcel Identification No (PIN) [A Portion of 94-21 A Tax Map Num. (If different than PIN) [2A-A5
] [VA] [22901 Assumption Balance [0.00
Percent. In this Juris. Instr. No [
) )
J
[ -8-'r.51 ] ) l J ]
Short Property Description (39.256 acres less 7 acres being in Fluvanna County Virginia
Current Property Address (Address 1) (Address 2)
(City, State, Zip)
Instrument Prepared by Recording Paid for by Return Recording to (Name)
Customer Case ID
(Address 1) (Address 2) (City, State, Zip)
Cover Sheet Page # 1 of 1 .
[ [4267 Woods Edge Road [ [Troy
[James E Treakle Jr [James E Treakle Jr [James E Treakle Jr [700 East High Street [ [Charlottesville r l [
] [VA J [22974
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A Portion of Albemarle Cowity Tax Map:94-21A Fluvanna County Tax Map,2A-AS Prepared by/Return to,
Jamee B. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia 22902 434.979.9000
001506
This DEED OF TRUST made this 28 th day of January, 2005, by and
between THOMAS P. O'BRIEN, Grantor, and JAMES E. TREAKLE, JR. I
Trustee, of the City of Charlottesville, Virginia, whose address is
700 East High Street, Charlottesville, Virginia 22902, and BARNEY
W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose
address is 610 West Rio Road, Charlottesville, Virginia 22901,
Grantees.
WIT NE SETH:
THAT for and in consideration of the provisions of this deed
and five dollars cash in hand paid by said Trustees unto the said
Grantor, receipt of which is hereby acknowledged, the Grantor does
hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the
said Trustees as Grantees the following described property, to-wit:
All that certain tract or parcel of land situated in the Ri vanna Magisterial District, Albemarle County, Virginia, a small portion extending into Fluvanna County, Virginia, located at the end of State Route 623, containing 39.256 acres, more or less, as shown on plat of survey made by Robert W. Coleman, Jr., C.L.S., dated November 1, 2004, attached hereto and incorporated herein by reference;
Being a portion of the same property conveyed to Allen J. Friedman by deed from Steven M. Friedman, dated November 16, 2001, recorded November 19, 2001 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2111, page 87; and, in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia,
-· ;;_,,:.
in Deed Book 443, page 346.
IN TRUST to secure a debt of THOMAS P. O'BRIEN in the
principal amount of ONE HUNDRED FIFTY-THREE THOUSAND AND NO/100
DOLLARS ($153,000.00) as evidenced by one Promissory Note of even
date with this Deed of Trust, payable to Crescent Mortgage
Corporation, a Virginia corporation, payable in monthly
installments of ONE THOUSAND FIVE HUNDRED THIRTY AND 00/100
DOLLARS, ($1,530.00) bearing interest at the rate of 12.0% per
annum, commencing on the 28 th day of February, 2005, with the
principal and accrued interest, if not sooner paid, due on the 28 th
day of January, 2008. The Promissory Note contains provisions
relating to the payment of late charges and attorney fees. This
Deed of Trust is executed subject to the provisions of Title 55,
Sections 58 through 60, inclusive, of the Code of Virginia of 1950,
and in accordance with the said act the following provisions are
incorporated herein by reference, namely:
(1) Exemptions waived.
(2) Subject to call upon default.
(3) Renewal or extension permitted.
(4) Right of anticipation in whole or in part, at any time
and without penalty, is reserved .
(5) Advertising required: Advertisement of the time, place,
and terms of sale once a week for two (2) consecutive weeks in a
newspaper published or having a general circulation in the
City/County in which the property is located.
(6) Substitution of Trustee permitted.
(7) Any Trustee may act.
(8) Fire and extended coverage insurance required in an
amount equal to its full insurable value.
Trustees' commission upon a default shall be a 2 ½%of the
unpaid obligation or $200.00, whichever is greater, if the Trustee
is requested to foreclose but the property is not advertised for
sale; 5% of the unpaid obligation or $500.00, whichever is greater,
if the Trustee is requested to foreclose and the property is
advertised but not sold by the Trustee; and 5% of the gross
proceeds of sale if the Trustee is requested to foreclose and the.
property has been advertised and sold. A bidder's deposit of up to
10% of the sale price may be required.
NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR
THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE
OF THE PROPERTY CONVEYED.
WITNESS the following signature and seal:
~7~--- (SEAL) OMAS P. O'BRIEN
.,_;
STATE OF VIRGINIA
CITY/COUN'I'Y OF: CA.o..r: f.otJ..k...Gvi ~ , to-wit:
The foregoing instrument was acknowledged before me this d~q_ day of January, 2005, by THOMAS P. O'BRIEN.
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Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
013551+
l~~I~ I~~, ~lffil 11111 ~~illlllllmli Im~ 111\llll~ lrn Doc IP: 003096840008 Type: DEE Recorded: 08/09/2006 at 01:03 :02 PM Fee Amt: $348 ,66 PaAe 1 of 6 Albemar le County, VA Shelby Marshall Clerk Cir cuit court File# 2006-00013554
1
~ I lg I Date of Instrument: Ix R Instrument Type:
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(8/9/2006
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BK3267 pa673-678
E ix Number of Parcels
Number of Pages
City D County GJ
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(Albemarle County ] (Box for Deed Stamp Only) E M p T FJrst and Second ~(3otors
Fi t I Middle Name or Initial
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Grantee Address (Name) [B~rney W. Basham (AddreH 1) [610 West Rio Road (AddreH 2) [
(City, State, Zip) [Charlottesville Consideration [100,000.00 ] Existing Debt (0.00
Prior Instr. Recorded at: City D County G] [Albemarle County Book (2697 ] Page [13 ] Parcel Identification No (PIN) [09400.00.00.021 C Tax Map Num. (If different than PIN) [09400.00.00.021 C Short Prop&rty Description (22.433 ac
) ( Current Property Address (Address 1) [Woods Edge Road
(Address 2) ( (City, Stat&, Zip) (
Instrument Prepared by Recording Paid f~r by Return Recording to (Name)
(Address 1) (Address 2) (City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 2
[James E. Treakle, Jr. (James E. Treakle, Jr. [James E. Treakle, Jr. [700 East High Street [ [Charlottesville r I l
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T G G c I Date of lnl'trument: IA R R O Instrument Type: X A R
[8/9/2006
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[09400.00.00.021 AO [094.00.00.00.021AO [39.256 ac r
Current Property Address (AddreH 1) [Woods Edge Road (Addre88 2) [
(City, State, Zip) I
Prior Instr. Recorded at: City D County D [ Book ( ) Page [ Parcel Identification No (PIN) ( Tax Map Num. (If different than PIN) ( Short Property Description [
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Albemarle County Tax Map/Parcel No . : 09400.00 . 00.021CO Albemarle Count y Tax Map/Parcel No . :09400 . 00 . 00 . 021AO Fluvanna County Tax Map/Parcel No.:8.10.A2 Fluvanna County Tax Map/Parcel No.:2.A.AS Prepared by/Retur n to,
James E. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia 22902 434.979.9000
This DEED OF TRUST made this 7th day of August, 2006, by and
between THOMAS P. O'BRIEN, Grant9r, and JAMES E. TREAKLE, JR.,
Trustee, of the City of Charlottesville, Virginia, whose address is
700 East High Street, Charlottesville, Virginia 22902, and BARNEY
W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose
address is 610 West Rio Road, Charlottesville, Virginia 22901,
Grantees.
WIT NE SETH:
THAT for and in consideration of the provisions of this deed
and five dollars cash in hand paid by said Trustees unto the said
• Granter, receipt of which is hereby acknowledged, the Granter does
hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the
said Trustees as Grantees the following described property, to-wit:
PARCEL ONE:
All that certain tract or parcel of land situated partly in the County of Albemarle and partly in the County of Fluvanna, Virginia, containing 22 .433 acres, more or less, shown as Parcel 2 on a plat by William s. Roudabush, Inc., dated December 12, 1977, last revised May 16, 1978, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 650, and in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650;
•~i
BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of Allen J. Friedman, dated February 16, 2004, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2697, page 13, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 567, page 353.
PARCEL TWO:
All that certain tract or parcel of land situated in the Ri vanna Magisterial District, Albemarle County, Virginia, a small portion extending into Fluvanna County, Virginia, located at the end of State Route 623, containing 39.256 acres, more or less, as shown on plat of survey made by Robert w. Coleman, Jr., C.L.S., dated November 1, 2004, attached hereto and incorporated herein by reference;
BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of Allen J. Friedman, dated January 31, 2005, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2911, page 493, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, page 1.
IN TRUST to secure a debt of THOMAS P. 0' BRIEN in the
principal sum of ONE HUNDRED TWO THOUSAND AND NO/00 DOLLARS
($102,000.00) with interest thereon at the rate of twelve (12)
percentum per annum, as evidenced by one Promissory Note of even
date with this Deed of Trust, payable to Crescent Mortgage
Corporation, a Virginia corporation, payable in monthly
installments in the sum of ONE THOUSAND TWENTY and 00/100 DOLLARS
($1,020.00), to be applied first to interest and then to principal,
commencing on the 7th day of November, 2006, and continuing on the
7 th day of each month thereafter, with all principal and unpaid
accrued interest, if not sooner paid, due on August 7, 2008.
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Payments are to be made at 610 West Rio Road, Charlottesville,
Virginia 22901, or such other ~ddress as the holder may designate.
The Promissory Note contains provisions relating to the payment of
late charges and attorney fees. This Deed of Trust is executed
subject to the provisions of Title 55, Sections 58 through 60,
inclusive, of the Code of Virginia of 1950, and in accordance with
the said act the following provisions are incorporated herein by
reference, namely:
(1) Exemptions waived.
(2) Subject to call upon default.
(3) Renewal or extension permitted.
(4) Right of anticipation in whole or in part, at any time
and without penalty, is reserved.
(5) Advertising required: Advertisement of the time, place,
and terms of sale once a week for two (2) consecutive weeks in a
newspaper published or having a general circulation in the
City/County in which the property is located.
( 6) Substitution of Trustee permitted.
(7) Any Trustee may act.
(8) Fire and extended coverage insurance required in an
amount equal to its full insurable value.
Trustees' commission upon a default shall be a 2½ % of the
unpaid obligation or $200.00, whichever is greater, if the Trustee
is requested to foreclose but the property is not advertised for
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sale; 5% of the unpaid obligation or $500.00, whichever is greater,
if the Trustee is requested to foreclose and the property is
advertised but not sold by the Trustee; and 5% of the gross
proceeds of sale if the Trustee is requested to foreclose and the
property has been advertised and sold. A bidder's deposit of up to
10% of the sale price may be required.
NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR
THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE
OF THE PROPERTY CONVEYED.
WITNESS the following signature and seal:
lt.tYi~~---.. (SEAL) Tho~ O'Brien
STATE OF VIRGINIA
CITY~OF, ClAf W!k.,~ UL , to-wit:
9~ The foregoing instrument was acknowledged before me this day of August, 2006, by Thomas P. O'Brien.
~~- lJluu__ - .,., Notary Public"
My commission expires: ~t-,. ?JJ 1 ~
RECORDED IN CLERKS OFFICE OF ALBEMARLE ON
August 09,2006 AT 1 :03:02 PM $0.00 GRANTOR TAX PO
AS REQUIRED BY VA CODE§ 58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY. VA
SH~::SH~COURT
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CONTRACT FOR PURCHASE OF PROPERTY AT FORECLOSURE SALE
Albemarle County Tax Map Nos. 09400-00-00-021A8 and 09400-00-00-21C0 Fluvanna County Tax Map Nos. 2-A-A5 and 8-10-A2
THIS CONTRACT OF PURCHASE (the “Contract”) made and entered this 27th day of
June, 2018, by and between ______________________, (“Purchaser(s)”), and NANCY R.
SCHLICHTING, acting for Lenhart Pettit, PC Substitute Trustee (“Seller” and sometimes
referred to as “Trustee”) to convey the following parcels in Albemarle and Fluvanna Counties,
Virginia:
Parcel One: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated partially in Albemarle County, Virginia, and partially in Fluvanna County, Virginia, containing 39.256 acres, more or less, shown on a plat by Residential Surveying Services dated November 1, 2004, and recorded in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, pages 3-4, and in the Clerk’s Office of the Circuit Court of Albemarle County, in Deed Book 2911, pages 496-497. Parcel Two: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623, near Boyd Tavern in Albemarle County, Virginia being more particularly described as Parcel 2 containing 22.433 acres, 12.697 of which are located in Albemarle County and 9.736 of which are located in Fluvanna County, fronting on the private road providing ingress and egress to State Route 623 as shown on a plat of William S. Roudabush, Inc., C.L.S., dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 50, and in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650.
(the “Property”).
WHEREAS, Purchaser was last and highest bidder at the public auction held on June 27,
2018 (the “Sale Date”) with a bid of $______________ (“Purchase Price”) for the purchase of
the real estate known as:
□ TMP NOS. 09400-00-00-021A8 AND 2-A-A5 – PARCEL ONE
□ TMP NOS. 09400-00-00-21C0 AND 8-10-A2 – PARCEL TWO
(“Property”); and
WHEREAS, Purchaser did pay to Seller as deposit the sum of $________, the receipt of
which is hereby acknowledged by the Seller; and
WHEREAS, in connection with this sale, Purchaser acknowledges and agrees to the
terms and conditions as stated in the advertised foreclosure.
NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as
follows:
1. That within three (3) business days from the date of this Contract, Purchaser shall
pay to Seller the sum of $_____________, representing the balance due of the deposit required
(10% of the Purchase Price).
2. That Purchaser shall pay to Trustee, the balance of the Purchase Price, by wire
transfer or certified or cashier’s check, at settlement.
3. At settlement, Trustee shall deliver to Purchaser a deed with Special Warranty of
Title conveying the Property to Purchaser. The conveyance of the Property is subject to the
covenants, conditions, easements, restrictions and reservations, if any, superior to the lien of the
Deed of Trust, duly of record and constituting constructive notice.
4. Grantor’s tax and pro-rated real estate taxes up to the Sale Date shall be paid by
Trustee. All other costs and expenses shall be paid by Purchaser. Each party shall pay its own
attorney’s fees. Rollback taxes, if any, shall be the responsibility of Purchaser.
5. Settlement shall occur on or before 2:00 p.m. on July 27, 2018 (the “Settlement
Date”), unless otherwise extended at the sole discretion of the Trustee. Possession of the
Property shall be turned over at settlement.
6. If the Trustee is unable to convey title to the subject Property for any reason, the
sole remedy of Purchaser is the return of the deposit with accrued interest. If the Trustee
believes any challenge to the validity of the sale has merit, the Trustee may declare in her sole
discretion the sale void and return the deposit, and Purchaser shall have no further remedy.
7. Purchaser agrees this Contract is not contingent upon Purchaser obtaining
financing from any third party and shall be treated as a cash sale. Purchaser further agrees this
Contract is not contingent upon an appraisal of the Property being equal to or greater than the
Purchase Price.
8. The deposit shall be applied to the credit of Purchaser at settlement; or, in the
event of Purchaser’s failure to complete settlement on the Settlement Date, including any
postponement by Trustee, and in accordance with the terms of sale, the deposit shall be forfeited
and applied to the costs and expenses of sale, including the auction expenses and Trustee’s fee
and then to the balance due under the applicable note. Thereafter Trustee may resell the Property
at the cost and expense of the defaulting Purchaser, or Trustee may accept the next highest
available bid from the auction sale, or Trustee may sell the Property to the lender at the bid of the
defaulting Purchaser. Purchaser shall be liable for any deficiency resulting from the resale of the
Property as well as for all costs, expenses, and reasonable attorneys’ fees connected to and
arising out of Purchaser’s failure to fulfill its obligations under this Contract, including but not
limited to the process of any resale or the Trustee’s acceptance of the next highest available bid.
9. The Property is sold “AS IS” with all faults and without reliance on any warranty
of any kind whatsoever and Purchaser hereby accepts the Property in the condition as of the Sale
Date. Risk of loss or damage to the Property shall be borne by Purchaser from Sale Date.
10. Choice of Settlement Agent: Virginia’s Consumer Real Estate Settlement
Protection Act provides that the Purchaser or borrower has the right to select the
settlement agent to handle the closing of this transaction. The settlement agent’s role in
closing this transaction involves the coordination of numerous administrative and clerical
functions relating to the collection of documents and the collection and disbursement of
funds required to carry out the terms of the Contract between the parties. If part of the
Purchase Price is financed, the lender for the Purchaser will instruct the settlement agent
as to the signing and recording of loan documents and the disbursement of loan proceeds.
No settlement agent can provide legal advice to any party to the transaction except a
settlement agent who is engaged in the private practice of law in Virginia and who has been
retained or engaged by a party to the transaction for the purpose of providing legal
services to the party.
11. Variation by Agreement: The provisions of the Consumer Real Estate
Settlement Protection Act may not be varied by agreement, and rights conferred by this
chapter may not be waived. Trustee may not require the use of a particular settlement
agent as a condition of the sale of the Property.
12. Escrow, Closing and Settlement Service Guidelines: The Virginia State Bar
issues guidelines to help settlement agents avoid and prevent the unauthorized practice of
law in connection with furnishing escrow, closing or settlement services. As a party to a
real estate transaction, the Purchaser is entitled to receive a copy of these guidelines from
his settlement agent, upon request, in accordance with the provisions of the Consumer Real
Estate Settlement Protection Act.
13. Ratification by Trustee: This Contract shall not be valid or enforceable unless
and until Trustee has executed and ratified this Contract.
14. This Contract may be executed in counterparts, each of which shall constitute an
original and all of which when taken together shall constitute one and the same document. This
Contract may also be executed by facsimile and/or scanned signature which shall be deemed
originals for all purposes.
WITNESS the following signatures and seals.
I, Nancy R. Schlichting, Auctioneer, do hereby certify that the above-listed price was the highest bid received at the auction of the aforesaid Property. Dated this 27th day of June, 2018. _____________________________ Nancy R. Schlichting – Auctioneer ___________________________________ Seller: Nancy R. Schlichting, acting for
Lenhart Pettit PC Substitute Trustee
___________________________________ Purchaser’s Signature ___________________________________ Purchaser’s Printed Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone ___________________________________ Co-Purchaser’s Signature ___________________________________ Purchaser’s Printed Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone Purchaser’s Settlement Agent (if known):
___________________________________ Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone