NOTICE OF SUBSTITUTE TRUSTEE'S SALE - Vance & Sons Ent.
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF
278 KNOB HILL,
120 MELROSE LANE,
115 IDA BELLE CIRCLE,
178 IDA BELLE CIRCLE,
162 IDA BELLE CIRCLE,
387 HAPPY VALLEY DR, AND 319 HAPPY VALLEY DRIVE,
CLINTWOOD, VIRGINIA 24228
Tax ID Nos.
00279, 13356 and 01034
IN EXECUTION of a Deed of Trust dated the 5th day of December, 2008, in principal amount of $403,262.62, recorded in the Clerk's Office of the Circuit Court for Dickenson County, Virginia, in Deed Book 461, Page 175, re-recorded in Deed Book 562, Page 370, modified by Instrument No. 100000875, default having occurred thereunder, and having been requested to do so by the Beneficiary, the undersigned Substitute Trustee who was appointed under Deed Book 587, Page 376, will offer for sale at public auction at the Front Door of the old Dickenson County Court-house, on Main Street, in the Town of Clintwood, Virginia, [NOTICE: THIS SALE WILL NOT TAKE PLACE ON THE PREMISES OF THE PROPERTY BEING SOLD]
18th day of October, 2021,
at 11:30 A.M.
the following described property situate, lying and being on the waters of Holly Creek, in Dickenson County, Virginia, and more particularly bounded and described as follows, to-wit:
TRACT NO. ONE (Tax ID No. 00279): BEGINNING at a 24 inch white oak a common corner to the 9-1/2 (more or less) acre tracts of Lois Bowman Atwell and Mavis Bowman Conte; thence with a line between these tracts S 34-34 E 345.6 feet (said 9-1/2 acre tracts call 350.00 feet) to a locust post in a gap in the ridge; thence with a fence and the ridge S 32-37 E 283.7 to a stake in the fence; thence N 4-42 W 525.3 feet to the BEGINNING, containing 1.04 acres.
TRACT NO. 2 (Tax ID No. 00279): BEGINNING at a concrete monument in a bottom on the south side of state road a corner to the tract this day conveyed to Lois Bowman Atwell; thence with her line S 4 35 W 600 feet to a twenty-four inch white oak; thence S 34 14 E 350 feet to a locust post in a gap, (black gum called for but gone); thence leaving the Lois Bowman Atwell line, and with the original boundary of the Alvin Bowman tract N 40 E 16 poles to a chestnut on a knob; N 39 E 284 feet to a stake in said side road (in edge of present state road); thence with the right-of-way line of said state road northwestwardly ap-proximately 843 feet to the BEGINNING, containing 9-1/2 acres, more or less.
There is EXCEPTED from Tract No. 2 that 0.46 acre tract conveyed in Deed Book 202, page 138, in Dickenson County, Virginia.
TRACTS 1 and 2 ID #279 due to various exceptions in the chain of title the Commissioner of Revenue's Office states the acreage for ID #279 to be 8.011 Acres.
BEING the same land acquired by Deed dated April 8, 1983, of record in Deed Book 216, page 153, of the Clerk's Office of the Circuit court of Dickenson County, Virginia; and interest acquired in Deed Book 354, Page 368 and Deed Book 395, Page 263, of aforesaid Clerk's Office.
TRACT NO. 3 (Tax ID No. 13356) BEGINNING at a stake by the road, N 18 29 W 386.6 feet to a fence post; thence S 42 52 W 140.9 feet to a fence post; thence S 1 47 E 274.2 feet to a point painted on a rock; thence N 89 20 E 148.5 feet to the BEGINNING containing 1.0 acre, more or less, and BEING the same land conveyed by Deed dated May 13, 1982, of record in Deed Book 207, page 760, of the Clerk's Office of the Circuit Court of Dickenson County, Virginia.
There is RESERVED from this conveyance a right-of-way from the state road to the remaining land of Buddy L. Rife and Rita Rife, being described as follows:
BEGINNING at the beginning corner of the 1.0 acre lot; thence S 89 20 W 49.0 feet to a stake; thence northward to a stake in the highway right-of-way 94.0 feet from the beginning; thence S 18 20 E 94.0 feet to the BEGINNING.
Tract 3 ID #13356 due to various exceptions in the chain of title the Com-missioner of Revenue's office states the acreage for ID #13356 to be .33 Acre.
TRACT NO. 4 (Tax ID No. 1034) BEGINNING at a stake in the south edge of a side road and a corner to Alvin Bowman; thence up said of hill N 39 E 509 feet to a bunch of dogwood sprouts on a ridge, a corner to I.E. French and W.L. Dennis land; N 64 30 W 25 poles to two sourwoods in I.E. French's line; N 28 W 24 poles to a white oak on a large flat rock; S 69 30 W 28 poles to a sourwood and a rock in a hollow; N 7 E 8 poles to a black gum; S 63 W 9 feet to a south gate post and acorner to Alvin Bowman, and with his line reversed S 42 E 231 feet to a rock near the north edge of a side road; S 58 50 E 220 feet to a chestnut oak on south side of said road; S 42 E 108 feet to a small oak on south edge of said road; S 55 E 400 feet to a stake in south edge of said road, hickory as witness; S 21 51 E 130.8 feet to the BEGINNING, containing 13.83 acres, more or less, and BEING the same land conveyed by Deed dated June 4, 2003, of record in Deed Book 388, page 435, as Instrument No. 030001191, of the aforesaid Clerk's Office.
There is Excepted from Tract 4 an 0.43 acre tract conveyed to Commonwealth of Virginia 2/09/1977 Deed Book 182 Page 427. There is also Excepted from Tract 4 a 2.81 acre tract conveyed to Cossie Mooney and Savan-nah Mooney 3/17/1983 Deed Book 215 Page 558. Tract 4 ID #1034 due to various exceptions in the chain of title, the commissioner of Revenue's office states the acreage for ID #1034 to be 10.59 acres.
There are five manufactured doublewide homes, de-scribed as: 1995 Clayton, 2001 Chandeleur, 1996 Titan, 1995 Destiny, and 1997 Fleming, which are located on the above-described properties and which will also be sold at the auction, either with the property or separately, at sole discretion of the Lienholder or Trustee.
There is also granted to the Grantee the use of any and all easements, right of ways, roadways, water rights, pipeline rights, sewer systems including any field lines attached thereto, in existence and which lawfully may be used by Grantors, whether by express grant, prescriptive use or otherwise and which are appurtenant to and part of the use and enjoyment of this particular tract of land.
There is also conveyed by this instrument all buildings, improvements, fixtures, easements and appliances now or hereafter attached to or used in connection with the property herein attached.
LIENHOLDER RESERVES THE RIGHT TO BID OR TO REJECT ANY BIDS. TO VIEW THIS PROPERTY, CONTACT ANDRESE FUNK AT 276-395-2230.
TERMS OF SALE: Cash. A deposit of 10% of the sale price in cash or certified check may be required at the time and place of sale with the balance of the sale price to be paid at settlement, to be held within THIRTY (30) days from the date of the sale; should purchaser fail to complete purchase within 30 days, the deposit is forfeited and the sale subject to termination or a charge of daily per diem interest thereon until closing date at option of Lienholder. The property and any improvements thereon shall be sold in "AS IS, WHERE IS" condition without any warranties. Title shall be transferred by Special Warranty Deed, and Buyer shall be responsible for all costs of conveyance including but not limited to deed preparation and all fees to transfer title. Sale is subject to such additional terms as Trustee may announce at the sale.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Given under my hand this 20th day of September, 2021.
GREGORY D. GILBERT
GREGORY D. GILBERT
Attorney at Law
P. O. Box 336
Wise, Virginia 24293
OR ANDRESE FUNK
Miners Exchange Bank
PO Box 1197
Coeburn, VA 24230
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