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TRUSTEE SALE Fairfield Shopping Center - Kempsville Borough, Virginia Beach, VA 23464 City of Virginia Beach

The Virginian-Pilot
Inside Business

TRUSTEE SALE Fairfield Shopping Center - Kempsville Borough, Virginia Beach, VA 23464 City of Virginia Beach In execution of a Deed of Trust in the original principal amount of $30,000,000.00, dated October 3, 2007 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Document No. 20071004001350970 and re-recorded in Document No. 20071019001416200, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Substitute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.C., 5040 Corporate Woods Drive, Suite 120, Virginia Beach, on July 11, 2018 at 9:40 AM the property described in said deed, located at the above address and briefly described as: Parcel I: Parcels A, C, D, E, F and G as shown on plat of survey recorded in Map Book 135, Page 53, with improvements thereon. Together with a 10 foot permanent drainage easement, the northern boundary of which extends 1653.51 feet along a course N. 77°20'08" W. to Lord Dunmore Drive from a pin at the northwestern corner of PARCEL A as shown on said plat, which pin is located S. 77°20'08" W. 444.69 feet from the western line of Kempsville Road; and a 20 foot temporary construction easement adjoining and south of the last mentioned permanent drainage easement and extending the full length thereof, which temporary construction easement shall cease and become extinguished upon the completion of the installation of a drainage pipe within the said adjoining 10 foot permanent drainage easement. Together with the 10 foot permanent drainage easement granted by deed dated March 31, 1980 from W. W. Reasor and L. F. Reasor, recorded in Deed Book 1999, Page 648. Together with and Subject to all of the rights and easements granted by Declaration of Easement recorded in Deed Book 3385, at page 1201. Together with the property conveyed by Deed of Boundary Settlement recorded in Deed Book 3630, Page 1740. (Part of Parcel A). Less and Except that portion of property conveyed by Deed of Boundary Settlement recorded in Deed Book 3630, Page 1740. (Part of Parcel A). Less and Except that portion of property conveyed to the City of Virginia Beach for right of way purposes by Instrument recorded in Deed Book 4412, Page 1802. (Parcel A). Less and Except that portion of property conveyed to the City of Virginia Beach for right of way purposes by Instrument recorded in Deed Book 4412, Page 1798. (Parcel D.) Less and Except that portion of property conveyed to the City of Virginia Beach for right of way purposes by Instrument recorded in Deed Book 4412, Page 1791. (Parcel E). Less and Except that portion of property conveyed to the City of Virginia Beach for right of way purposes by Instrument recorded in Deed Book 4412, Page 1809. (Parcel F). Parcel II: Parcels B-1 and B-3, as shown on a certain plat recorded in Map Book 177, Page 63, with improvements thereon. Together with a 10 foot permanent drainage easement, the northern boundary of which extends 1653.51 feet along a course N. 77°20'08" W. to Lord Dunmore Drive from a pin at the northwestern corner of PARCEL A as shown on said plat, which pin is located S. 77°20'08" W. 444.69 feet from the western line of Kempsville Road; and a 20 foot temporary construction easement adjoining and south of the last mentioned permanent drainage easement and extending the full length thereof, which temporary construction easement shall cease and become extinguished upon the completion of the installation of a drainage pipe within the said adjoining 10 foot permanent drainage easement. Together with the 10 foot permanent drainage easement granted by deed recorded Deed Book 1999, Page 648. Together with for benefit of Parcel B-1 a non-exclusive easement, right and privilege of passage and use for ingress and egress to and from the roadways adjoining the parcel now or formerly owned by First Savings and Loan Association and a non-exclusive easement for the parking of vehicles as granted by Agreement recorded in Deed Book 1738, Page 692 and Amended by First Amendment to Easement Agreement recorded in Deed Book 2009, Page 508. Together with and subject to all of the rights and easements granted by Declaration of Easement dated April 28, 1994, and recorded in Deed Book 3385, at page 1201. Parcel III: Parcel B-2, as shown on plat recorded in Map Book 140, Page 14, with improvements thereon. Together with the 10 foot permanent drainage easement granted by deed recorded in Deed Book 1999, Page 648. Together with and subject to all of the rights and easements granted by Declaration of Easement recorded in Deed Book 3385, Page 1201. Being tax parcel ID numbers 14666448500000, 14666435650000, 14666424900000, 14665496420000, 14665492150000, 14665473100000, 14665434300000, 14665427390000, 14664499520000. Subject to any and all covenants, conditions, restrictions, easements, and all other matters of record taking priority over the Deed of Trust, if any, affecting the aforesaid property. TOGETHER WITH all buildings, structures, improvements or appurtenances now erected on the above-described land and premises, and any and all fixtures, articles of personal property (other than the property of the tenants), easements and other rights as granted in the Deed of Trust. All of the above is hereinafter collectively referred to as the "Property." TERMS OF SALE: CASH: A deposit of $100,000.00 or 10% of the sales price, whichever is lower, cash or certified check will be required at the time of sale, but no more than $10,000.00 of cash will be accepted, with settlement within fifteen (15) days from the date of sale. Sale is subject to post sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale which affects the validity of the sale, as well as to post-sale confirmation of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of his deposit without interest. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this firm is a debt collector attempting to collect the indebtedness referred to herein and any information we obtain will be used for that purpose. The Property shall be offered for sale, subject to, matters known and unknown, in "WHERE IS" and in "AS IS" condition without any covenant, warranty as to condition, express or implied, and without any representations or warranties as to the accuracy of the information furnished to the prospective bidders by the Substitute Trustee or any other party and without any other representations or warranty of any nature and conveyed by Substitute Trustee's deed. Without limiting the generality of the foregoing, the Property shall be sold without representation or warranty as to (i) condition of title to the Property, (ii) the nature, condition, structural integrity, or fitness for a particular use of any improvements, fixtures or personal property included within the Property and the ability to procure insurance for the Property, (iii) the environmental condition of the Property or the compliance of the Property with federal, state and local laws and regulations concerning the presence or disposal of hazardous substances, (iv) compliance of the Property with the Americans with Disabilities Act or any similar law, (v) compliance of the Property with any zoning laws or ordinances and any and all applicable safety codes. Acceptance by the purchaser of a Substitute Trustee's deed shall constitute a waiver of any claims against the Substitute Trustee or the Noteholder concerning any of the foregoing matters. The Substitute Trustee and the Noteholder disclaim all warranties of any kind, either express or implied, for the Property, including, without limitation, any warranty relating to the zoning, structural integrity, physical condition, condition of the soil, extent of construction, workmanship, materials, habitability, environmental condition, compliance with applicable laws, fitness for a particular purpose and merchantability. The Property shall be sold subject to any statutory liens, all conditions and dedications contained on the subdivision plats, easements, liens, conditions, reservations, restrictions, rights of redemption, rights of entry, covenants, encumbrances, and any other agreements affecting the same having priority over the Deed of Trust, and subject to all existing housing, building and zoning code violations, all environmental problems and violations which may exist on or with respect to the Property, and subject to all matters that an accurate survey or physical inspection of the Property might disclose. The Property shall be sold subject to (i) the rights, if any, of parties in possession, (ii) existing leases, if any, (iii) all covenants, easements and restrictions, if any, (iv) and any additional terms or conditions that may be announced at the time of sale. The risk of loss or damage to the Property shall be borne by the successful bidder from and after the date and time of the sale. Obtaining possession of the Property shall be the sole responsibility of the successful bidder. SAMUEL I. WHITE, P.C., Substitute Trustee This is a communication from a debt collector. FOR INFORMATION CONTACT: SAMUEL I. WHITE, P.C. (61819) 5040 Corporate Woods Drive, Suite 120 Virginia Beach, Virginia 23462 757-457-1460 - Call Between 9:00 a.m. and 5:00 p.m. or visit our website at www.siwpc.net VP 25682503A

Appeared in: The Virginian-Pilot

Published: The Virginian-Pilot - 06/25/2018, 06/26/2018, 06/27/2018, 06/28/2018, 06/29/2018