4,000 sf FORMER SUPERMARKET BUILDING

$15,000 deposit will be due prior to the sale to qualify to bid (unless prior arrangements have been made with auction firm), and the balance due at closing within 30 days. Deposit shall be in the form of certified funds or cashier's check made payable to yourself. A 10% buyer's premium will be added to the final bid, and will become a part of the purchase price. Property sold in as-is condition, and is not contingent upon buyer's financing, condition of property, appraisal, inspection, etc. Pre-approved (no later than 5 pm on 3/19/15) broker participation is welcome and well compensated. Auctioneer's Note: All information and dimensions were derived from sources believed to be correct, but are not guaranteed. Buyers shall rely on their own information, judgment, and inspection of the property. All auction day announcements take precedence over any previously printed material or any other oral statements made.

Formal Notice of Trustee Sale:

NOTICE OF TRUSTEE’S SALE 10721 TIDEWATER TRAIL FREDERICKSBURG, VIRGINIA 22408
In execution of a Deed of Trust dated May 19, 2006, in the original amount of $440,000.00, recorded as Instrument Number LR200600017870, in the Clerk's Office of the Circuit Court of Spotsylvania County, Virginia, the undersigned Substitute Trustees, any of whom may act, will on March 20, 2015, at 1:00 p.m., at the property located at 10721 Tidewater Trail, Fredericksburg, Virginia 22408, offer for sale at public auction to the highest bidder the following property with improvements thereon:

All that certain lot, parcel or tract of land, with all rights and privileges thereto appurtenant and all buildings and improvements thereon, situate, lying and being in Lee Hill Magisterial District, Spotsylvania County, Virginia, about two miles southeast of Fredericksburg, Virginia, described as containing 1.000 acres more or less, as set forth on plat of survey made by H.C. Baker, C.S., dated May 21, 1960, and recorded in the Clerk's Office of the Circuit Court of Spotsylvania County, Virginia, in Deed Book 192, page 430.

Tax Map No. 25-A-41
This sale is subject to the restrictions, rights of way, conditions, easements, and mechanic's liens, 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.

A deposit of $15,000.00 shall be required to qualify as a bidder prior to the sale, except from the Noteholder or its subsidiary or affiliate. The deposit must be in the form of a certified or cashier’s check.

Prospective bidders can attend a tour of the property on March 12, 2015, commencing at 2:00 p.m. Information about the tour is available from Kelly Strauss, phone 540-226-1279.
The Property shall be sold “AS IS” and “WITH ALL FAULTS.” Neither the Substitute Trustees nor the Noteholder make any representations or warranties with respect to the Property including, without limitation, representations or warranties as to the structural integrity, physical condition, construction, workmanship, materials, habitability, fitness for a particular purpose or merchantability of the Property, nor do the Substitute Trustees make any representations or warranties as to the legality of any subdivision or whether lots are buildable.

Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to the environmental condition of the Property or the compliance of the Property with federal, state, or local laws and regulations concerning the purchase or disposal of hazardous substances. Acceptance of the deed to the Property shall constitute a waiver of any claims against the Substitute Trustees, the Noteholder, and their respective agents, successors, and assigns, concerning the environmental condition of the Property including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or state or local law, ordinances or regulations. The purchaser shall be required to sign a sale memorandum waiving any cause of action it may have against the Substitute Trustees or the Noteholder for any condition of the Property that may not comply with any federal, state or local law, regulation or ruling including, without limitation, any laws, regulations and rulings relating to environmental contamination or hazardous wastes. Such agreement shall also provide that if, notwithstanding such agreement, a court of competent jurisdiction should permit such a claim to be made against the Substitute Trustee and/or the Noteholder, such agreement shall serve as the overwhelming primary factor in any equitable apportionment of response costs or other liability. Nothing in this paragraph shall release, waive or preclude any claims the purchaser may have against any person in possession or control of the Property.

The Property shall be sold subject to all recorded and unrecorded liens, encumbrances, easements, rights of way, covenants, conditions, restrictions, and mechanics’ and materialmen’s liens, to the extent any of the foregoing may lawfully apply to all or a portion of the Property being sold and take priority over the liens, assignments and security interests of the Deed of Trust. Title to the Property shall be conveyed by a special warranty deed.

Settlement shall be by certified or cashier’s check or wire transfer of immediately available federal funds, and shall occur within thirty (30) days from date of sale, TIME BEING OF THE ESSENCE. Settlement shall occur in the offices of the Substitute Trustees or such other place as mutually agreed upon. The Substitute Trustees reserve the right to extend the date of settlement as may be necessary to complete arrangements for settlement.
All past due and current real estate taxes and other public charges shall be prorated as of the date the public auction is held, and the purchaser shall be responsible for the payment of such taxes and charges beginning as of the date of such auction. All closing costs, including the preparation of the Substitute Trustees’ deed, the grantor’s tax, and the congestion relief fee, if applicable, shall be paid by the successful bidder. The successful bidder also shall be required to pay to Nicholls Auction Marketing Group, Inc., a buyer’s premium of ten percent (10%) of the successful bid. The deposit, without interest, shall be applied to the credit of the successful bidder(s) at settlement. If the successful bidder fails to complete settlement the deposit shall be forfeited and applied to the costs of the sale and the indebtedness secured by the Deed of Trust, and the Substitute Trustees may resell the subject Property at the risk and cost of the defaulting purchaser.

The Substitute Trustees reserve the right to reject any and all bids, waive deposit requirements, extend time for settlement, and announce additional terms of sale. Terms of sale announced at the public auction will supersede all advertised terms of sale.
The risk of loss or damage to the Property by condemnation, fire or other casualty shall be borne by the successful bidder from and after the time of sale. The Substitute Trustees are not obligated to deliver possession of the Property to the successful bidder, who shall be solely responsible for obtaining possession of the Property.

At the time of sale, the successful bidder shall be required to execute a Memorandum of Sale which shall include, by reference, all the terms and conditions contained herein. The form of
Memorandum of Sale is available from the Substitute Trustees upon request and will be available at sale time.

The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only. Neither the Substitute Trustees, the secured party, nor any other party, makes any representations or warranties of any kind whatsoever with respect to the accuracy of the information contained herein.

Immediately upon the conveyance by the Substitute Trustees of each Property to the purchaser at foreclosure, all duties, liabilities and obligations of the Substitute Trustees, if any, with respect to such Property shall be extinguished.

William H. Casterline, Jr. Jeremy B. Root
Michael A. Howes

For Information contact:
William H. Casterline, Jr.
BLANKINGSHIP & KEITH, PC
4020 University Drive #300
Fairfax, Virginia 22030
(703) 691-1235.