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Heslep & Kearney PC Trustee Notice of Sale 741 743 Clifton Street Commercial Avenue Clifton Forge Alleghany County Virginia Legal 8-13-24

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August 13, 2024
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TRUSTEE’S NOTICE OF SALE 

OF 

741 CLIFTON STREET & 743 COMMERCIAL AVENUE, 

TOWN OF CLIFTON FORGE, ALLEGHANY COUNTY, VIRGINIA

 

In execution of a certain Deed of Trust dated the 30th day of January, 2018, and recorded in the Office of the Clerk of the Circuit Court of Alleghany County, Virginia as Instrument Number 180000153 conveying certain real estate described therein to Bryan Thompson and Sally Gilbert, Trustee. Heslep & Kearney, P.C., Substitute Trustee, having been appointed Substitute Trustee by Appointment of Trustee dated the 8th day of March, 2023, and recorded in the aforesaid Clerk’s Office as Instrument Number 202300448. Default having been made in the debt secured by said deed of trust, and being required so to do by the noteholder, the undersigned Substitute Trustee, will offer for sale at public auction on Tuesday, the 27th day of August, 2024, at 11:00 a.m., in front of the Alleghany County Circuit Court Courthouse, Covington, Virginia, all that certain lot or parcel located in Alleghany County, Virginia, with improvements thereon and appurtenances thereunto pertaining, and described as follows:

 

All those certain tracts or parcels of real property, together with the improvements thereon and the privileges and appurtenances thereto appertaining, situate in the Town of Clifton Forge, Alleghany County, Virginia, to-wit:

 

FIRST: Lots Nos. Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) in Block Number Six (6), Section Number Two (2) as shown on the map of the lands of Clifton Forge Company, of record in Alleghany County Plat Book 1, at Page 93 (slide 12 and 13), known as 741 Clifton Street, Clifton Forge, Virginia, and being the same tracts or parcels conveyed unto Raymond L. Wilmer, II, and Terry L. Wilmer by Raymond L. Wilmer II and et.als., by Deed of Gift dated November 30, 2017, recorded in the Clerk’s Office of the Circuit Court of Alleghany County, Virginia as Instrument #170002493.

 

SECOND: The north 41 2/3 feet of Lots Nos. Twenty-Two (22), Twenty-Three (23) and Twenty-Four (24), in Block Number Nine (9), Section Number One (1), as shown on the map of the lands of the Clifton Forge Company, the said real estate being bounded as follows: On the north by the south line of Olive Street; on the east by the west line of Commercial Avenue; on the south by a line parallel to and 41 2/3 feet south of the south line of Olive Street and on the west by the east line of an alley running through Block Nine (9), parallel with McCormick Boulevard, and being the same tracts or parcels conveyed unto Raymond L. Wilmer and Terry L. Wilmer by Elwood Earl Knick by Deed dated August 20, 1990, of record former Clifton Forge Deed Book 75, at page 528.

 

Street Address: 741 Clifton Street and 743 Commercial Avenue, Clifton Forge, VA 24422

 

Alleghany County Tax Map Parcel No.: C0180-01-206-0080, C0180-01-206-0090, C0180-01-206-0100, C0180-01-206-0110, C0180-01-206-0120, 11700-01-109-022B

 

Subject to all applicable liens of record, including other deeds of trust, which have priority over said deed of trust, and further subject to conditions, restrictions, rights-of-way, easements and reservations, if any, contained in the deeds forming the chain of title thereto, including any mechanics’ or materialmen’s liens. The subject property and all improvements located thereon, if any, will be sold in their “AS IS” condition without warranty of any kind. Purchaser shall be solely responsible for obtaining possession of the property from the occupants.

 

TITLE AND LIENS: No representations concerning status of title, liens, whether now recorded or unrecorded, leases, occupancy, zoning, physical or environmental conditions, access, rights of way and/or availability of utilities are made by the Substitute Trustee and/or beneficiary under the deed of trust. Sale is subject to matters appearing among the land records, facts revealed by accurate physical survey and/or revealed by physical inspection of the property. This advertisement does not constitute an invitation to prospective bidders to go on or about the property or the improvements. The interest in the property will be conveyed by Special Warranty deed.

 

TERMS OF SALE: CASH. A cash deposit of at least ten percent (10%) of the purchase price by certified or cashier’s check will be required of the successful bidder at the time of the sale with the balance due within thirty (30) days from the date of said sale. The deposit shall be applied to the credit of the successful bidder at settlement within thirty (30) days from the date of the sale, time shall be of the essence. The deposit shall be applied to the cost and expense of sale and the Trustee’s compensation authorized by the Deed of Trust and applicable law. In the event of default by the purchaser, the Trustee may, in addition to any other remedy, maintain action against Purchaser for recovery of the purchase price.

 

Notwithstanding the foregoing, the Trustee reserves the right to waive the requirements of said deposit.

 

All costs of the conveyancing, which shall be by Special Warranty deed, including, but not limited to, examination of title, recording fees, notary fees and settlement fees, etc. shall be the responsibility of Purchaser. Real estate taxes shall be prorated as of the date of the sale.

 

In the event the Trustee deems it best for any reason at the time of the sale to hold open, postpone or continue this sale from time to time, such notice of holding open, postponement or setting over shall be announced in a manner deemed reasonable by the Trustee.

 

FOR INFORMATION CONTACT: Heslep & Kearney, P.C., 65 E. Midland Trail, 2nd Floor, Lexington, VA 24450. (540) 463-1700

 

Brian J. Kearney, 

Substitute Trustee 

65 E. Midland Trail, 2nd Floor

Lexington, VA 24450

(540) 463-1700

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Published on August 13, 2024 and Last Updated on August 13, 2024 by