The Shadow
NOTICE OF TRUSTEE’S SALE
4322 Midland Trail
Covington, Virginia 24426
Tax Map #03700-00-000-0370
In execution of a Deed of Trust dated September 22, 2023, recorded as Instrument No. 202301561 in the Clerk’s Office of the Circuit Court of the County of Alleghany, Virginia, the undersigned Trustee, will on April 8, 2025, at 10:00 a.m. offer for sale at the front (entrance) doors of the Alleghany Courthouse, located at 266 West Main Street, Covington, Virginia, 24426, at public auction to the highest bidder the following property with improvements thereon described as follows:
ALL that certain tract or parcel of real property, situate in the Falling Springs Magisterial District, Alleghany County, Virginia, known by address as 4322 Midland Trail, Covington, Virginia, containing 0.45 of an acre, more or less, and further being described by metes and bounds, to-wit:
BEGINNING at an iron pin on the southerly side of the proposed new highway leading from Callaghan to White Sulphur Springs, West Virginia, said iron pin being S. 79 degrees 45’ E. 334 feet, S. 8 degrees 30’ W. 26 feet from the northwesterly corner of a 7 3/4 acre tract conveyed to Mrs. Leah Meeks by a certain Deed recorded in the Clerk’s Office of the Circuit Court of Alleghany County, Virginia, in Deed Book 86, at Page 423; Thence, leaving said highway, S. 8 degrees 15’ E 62 feet to an iron pin; thence leaving the said division line and through the 7 3/4 acre tract, thence S. 78 degrees 15’ E 62 feet to an iron pin; thence leaving the said division line and through the 7 3/4 acre tract, N. 8 degrees 30’ E. 404 feet to an iron pin on the south side of the said proposed new highway; and thence, with the south side of same, N. 79 degrees 45’ W. 62 feet to the point of BEGINNING; and
BEING the same property conveyed to William L. Potter from Douglas W. Persinger and Tracy L. Persinger, by Deed dated September 22, 2023, and recorded in the aforesaid Clerk’s Office as Instrument # 202301560.
This sale is further subject to and together with all restrictions, right-of-way, conditions, easements, and other encumbrances and matters of record applicable to the property, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust. The property and improvements will be sold in “as is” physical condition without warranty of any kind.
TERMS OF SALE: Cash. A non-refundable bidder’s deposit of 10% of the sales price by cashier’s check payable to the Trustee shall be required from the successful bidder, except from the Noteholder, at the time of the sale. Deposit, without interest, is applied to the purchase price at settlement. The balance of the sales price will be due at settlement which shall be held within 15 days from the date of the sale. Time is of the essence. Upon purchaser’s default, the deposit shall be forfeited and the property shall be resold at the risk and costs of the defaulting purchaser. In the event the Trustee cannot convey to the purchaser marketable title, in the Trustee’s sole discretion, the sale may be rescinded and the purchaser’s sole remedy shall be a refund of the deposit. The balance of the purchase price shall be in cash or its equivalent. Settlement shall be at offices of the Trustee or other mutually agreed location. The Deed shall be by Special Warranty Deed prepared by the Trustee. Examination of title, all recording fees (exclusive of Grantor’s Tax), settlement fees and all other closing costs are the expense of the purchaser. Purchaser shall be solely responsible for obtaining possession of the property from the occupants, if any.
The sale is subject to such additional terms as the Trustee may announce at the time of sale. The purchaser will be required to sign a Memorandum of Sale incorporating all the terms of the sale.
James I. Gilbert, IV, Trustee
For more information contact:
James I. Gilbert, IV
Gilbert Law, PC
16475 Booker T. Washington Hwy
Moneta, VA 24121
540-912-2003
