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Category: Legal Notices Public Notices
Source: News-Gazette Digital Classifieds
Starting on: Wed Dec 31st

Tax Map # 29-15-B-2
In execution of a Purchase Money Deed of Trust from Mathew E. Werner and Allysen G. Werner (the “Borrower”), dated August 4, 2021, of record in the Clerk’s Office of the Circuit Court of Rockbridge County, Virginia as Instrument Number 210003147 (the “Deed of Trust”), the undersigned Trustee will offer for sale at public auction at the front entrance of the Courthouse of the Circuit Court for Rockbridge County located at 20 South Randolph Street in Lexington, Virginia on October 26, 2022 at 11:00 A.M., all that certain real estate known as 204 Houston Street, Lexington, Virginia 24450, (the “Property”), which property is fully described in the above referenced Deed of Trust as follows:
All that certain lot of land, together with all improvements thereon, and the rights and appurtenances thereunto belonging, situate on Houston Street in the CITY OF LEXINGTON, Virginia, being designated as Lot #2 in Block B on a plat of Fairview Subdivision of the Frank Burton Property of record in the Clerk’s Office of the Circuit Court of Rockbridge County, Virginia, in Plat Book 1, page 83.
BEING the same real estate acquired by Mathew E. Werner and Allysen G. Werner from Lexington-Rockbridge Properties, LLC by Deed dated June 30, 2021, recorded in the aforesaid Clerk’s Office as Instrument Number 210003146.

Terms of Sale: Cash, with a successful bidder’s deposit of $5,000.00 in cash or certified check at the time of sale and balance upon tender of a Special Warranty Deed, except that, subject to the requirements of Section 55-59.4, the holder of the note secured by the Deed of Trust (“Noteholder”) shall be entitled to apply any of the debt secured by the Deed of Trust as a credit to the sales price. Settlement, to be held thirty (30) days from the date of sale at the law offices of Spencer & Taylor, PLC, 401 Lime Kiln Road, Lexington, Virginia. The Substitute Trustee reserves the unilateral right to: (i) waive the deposit requirement as to any bidder; (ii) withdraw the Property from sale at any time before the termination of the bidding; (iii) keep the bidding open for any length of time; (iv) reject any and all bids; (v) require any and all bidders to substantiate their ability to produce the required bidder's deposit before either allowing them to bid or accepting their bid; (vi) extend the time to knock down a bid while the successful bidder obtains the required bidder’s deposit; and (vii) extend the date of settlement. In the event that the successful bidder fails to complete settlement as required, such bidder’s deposit shall be forfeited by the defaulting purchaser and applied to the costs and expenses of the sale, and the balance, if any, shall be retained by the Trustee, as compensation for the sale. Time shall be of the essence with respect to settlement. In such case of default by purchaser, the property shall be resold at the risk and expense of the defaulting bidder. Such retention of the deposit shall not limit any rights or remedies of the Substitute Trustee or the Noteholder with respect to such default by the successful bidder. All closing costs, other than preparation of the deed and the grantor's tax (which shall be paid out of the proceeds of sale), shall be borne by the successful bidder. Real estate taxes shall be prorated to the date of sale. The Property shall be conveyed by special warranty deed. All of the Property shall be sold “as is,” “where is” without representation or warranty of any kind including, without limitation, zoning, environmental condition, and any information a survey or inspection of the Property would disclose, and subject to, if any, conditions, restrictions, right-of-ways, easements, reservations, agreements, liens and other conditions and matters of record taking priority over the lien of the Deed of Trust and specifically the covenants of any subdivision. The risk of loss or damage to the Property by condemnation, fire or other casualty shall be borne by the successful bidder or bidders from the time of the sale (i.e. acceptance of the bidder’s deposit). Delivery of physical possession of the Property will not be performed by the Substitute Trustee but will be the responsibility of the successful bidder.
The successful bidder will be required to execute a Memorandum of Sale concerning the purchase of the Property, a copy of which will be made available upon request or immediately before announcing the sale.

Lee R.Taylor, Trustee
Spencer & Taylor, PLC
401 Lime Kiln Road,
Lexington, VA 24450
Phone: (540) 463-7138
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