FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION WEST LEIGH DRIVE, CHARLOTTESVILLE, VA Albemarle Tax Map No.

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1 FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION 1121 WEST LEIGH DRIVE, CHARLOTTESVILLE, VA Albemarle Tax Map No. 059C BEDROOM, 2 ½ BATH SINGLE FAMILY HOME ON 3.19 ACRES SALE: FRIDAY, AUGUST 12, 2016, AT 11:00 A.M. AT THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE

2 Nancy R. Schlichting Attorney at Law Direct: (434) Phone: (434) Fax: (434) East Main Street P.O. Box 2057 Charlottesville, Virginia July 11, 2016 Dear Sir/Madam: I enclose a copy of the sale ad regarding property for which we will be conducting a foreclosure sale at public auction on Friday, August 12, 2016, at 11:00 a.m., at the Albemarle County Circuit Courthouse. I do not know what the foreclosure sale price for this property will be, since it will be a sale at public auction. The 2016 Albemarle County tax assessed value is $518,000. In my opinion, one of the reasons why foreclosure sales typically do not bring as much as traditional listed sales of property is that the property is not marketed by the local real estate broker and sales agent community because, of course, usually the local real estate brokers and sales agents have no financial incentive to do so. In an effort to change that, as Trustee I am paying a commission of two percent (2%) to the real estate broker or sales agent who identifies the successful bidder at sale. In other words, if you send me the name of your buyer by 3:00 p.m. on Thursday, August 11, 2016, and the bidder identified by you turns out to be the successful bidder at sale (and closes, of course), I will pay you a commission of 2% of the gross proceeds of sale. (As is usual in these cases, your buyer has to be someone who has not been previously identified by another broker or agent). Very truly yours, NRS:lmg Enclosure Nancy R. Schlichting Charlottesville Harrisonburg

3 TABLE OF CONTENTS Realtor Representation Form Sale Ad: Terms of Sale Plat Current Deed of Trust Sample Foreclosure Auction Contract Nancy R. Schlichting Lenhart Pettit 530 East Main Street P.O. Box 2057 Charlottesville, VA Telephone: (434) Fax: (434)

4 REALTOR REPRESENTATION FORM Must be received by Trustee by 3:00 p.m. on Thursday, August 11, REMIT TO: Nancy R. Schlichting, Substitute Trustee FAX: (434) DATE/TIME OF AUCTION: August 12, 2016, 11:00 A.M. PROPERTY DESCRIPTION: Tax Map No. 059C PROSPECTIVE BUYER NAME: PROSPECTIVE BUYER ADDRESS: PROSPECTIVE BUYER PHONE NO.: This shall serve as written notice to register the named Prospective Buyer with the Substitute Trustee with respect to the above referenced property to be sold at Public Auction on the stated date. It is understood and agreed that the realtor commission of two percent (2%) of the purchase price will be governed in accordance with certain Terms: (a) this Form is properly completed and timely submitted; (b) the Prospective Buyer named is the highest bidder at the auction sale; (c) the Prospective Buyer executes a Contract of Sale and closes on the sale of the subject property in accordance with the terms of the Contract of Sale; and (d) the Prospective Buyer has not been identified previously by another Realtor. In order to be effective, all Realtor Representation Forms must be received by the Substitute Trustee on or before 3:00 p.m. on Thursday, August 11, ACCEPTED: Realtor Signature Date Realtor Name (Printed) Realtor License No. Realtor Realtor Phone No. Prospective Buyer Signature Date RECEIVED BY SUBSTITUTE TRUSTEE: By:

5 FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION 4 BEDROOM, 2 ½ BATH SINGLE FAMILY HOME ON 3.19 ACRES 1121 WEST LEIGH DRIVE, CHARLOTTESVILLE, VA Albemarle Tax Map No. 059C SALE: FRIDAY, AUGUST 12, 2016 AT 11:00 A.M. AT THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE In execution of a Deed of Trust, being dated March 31, 2014, of record in the Clerk s Office of the Albemarle County Circuit Court, Virginia, in Deed Book 4477, Page 311, (the Deed of Trust ), the

6 undersigned as Trustee by instrument of record in the aforesaid Clerk s Office, will offer for sale at public auction: PARCEL 1: That certain lot or parcel of land with improvements thereon situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County, Virginia, in the subdivision known as West Leigh, and being more particularly described as Lot 15, in the plat of West Leigh, dated July, 1959, made by A. R. Sweet and Associates, of record in the Clerk s Office of the Circuit Court of Albemarle County, Virginia, in deed Book 355, at page 277; and PARCEL 2: That certain lot or parcel of land situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County, Virginia, in the subdivision known as West Leigh and being more particularly described as Parcel X on a plat captioned Plat showing Lot 14A to be added to Lot 15, near Ivy, Albemarle County, Virginia, dated November, 1962, made by William S. Roudabush, Jr., attached to the deed of Westleigh, Inc., dated February 27, 1963, recorded March 5, 1963, in the above Clerk s Office in Deed Book 386, page 293. (the Property ). TERMS OF SALE: Cash. A bidder s deposit of the lesser of $25,000 or 10% of the winning bid, shall be paid at the sale by cash or cashier s check made payable to Bidder (to be assigned to Trustee if Bidder is successful), with the balance upon delivery of a trustee s deed within 30 days of sale. If the initial deposit is less than 10% of the winning bid, then the successful bidder s deposit MUST be increased to 10% of the winning bid by cashier s check or wired funds within three (3) business days. Settlement shall be held within 30 days after the date of sale unless otherwise postponed at the sole discretion of the Trustee. Sale is subject to the covenants, conditions, restrictions, rights of way, and easements, if any, contained in the deeds and other documents forming the chain of title to the property. Property is sold AS IS, WHERE IS, WITH ALL FAULTS and WITH ABSOLUTELY NO WARRANTIES. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO SETTLEMENT. The deposit shall be applied to the credit of successful bidder at settlement; or, in the event of failure to complete

7 settlement within the time set forth after the date of sale, in accordance with the terms of sale, the deposit shall be forfeited and applied to the costs of sale, including Trustee s fee, and the Property shall be resold at the cost and expense of the defaulting Purchaser. Risk of loss or damage to the Property shall be borne by successful bidder from the time of auctioneer s strikedown at the sale. Purchaser shall pay all settlement fees, title examination charges, title insurance premiums, and recording costs. Current real estate property taxes will be prorated at closing as of date of sale. Rollback taxes, if any, will be the responsibility of the Purchaser. THE TRUSTEE RESERVES THE RIGHT: (i) to waive the deposit requirements; (ii) to extend the period of time within which the Purchaser is to make full settlement; (iii) to withdraw the Property from sale at any time prior to the termination of the bidding; (iv) to keep the bidding open for any length of time; (v) to reject all bids; and (vi) to postpone or continue this sale from time to time, such notices of postponement or setting over shall be in a manner deemed reasonable by the Trustee. Announcements made on day of sale take precedence over all other advertised terms and conditions. FOR INFORMATION SEE: Nancy R. Schlichting Acting Trustee Lenhart Pettit P.C. 530 E. Main Street P. O. Box 2057 Charlottesville, VA (434) (Schlichting) NRS@lplaw.com

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9 Page 1of7 Instrument Control Number! Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent ] T ~ Date of Instrument: ~E :! Instrument Type: ~:T [4/8/2014 [DOT Number of Parcels 1] I lllllll llllll lll lllll lllll lllll lllll lllll lllll lllll lllll tllll tllll lllll ltll llll Doc ID: Type: DEE Recorded: 04/06/2014 at 03:28:29 PM Fee Amt: $1, Page 1 of 7 Albemarle County, VA Debra M. Shipp Ciruit Clerk File# BK44 77 PG ] ~ Number of Pages (Box for Deed Stamp Only) City 0 County GJ [Albemarle County ] First and Second Grantors Last Name First Name Middle Name or Initial l [Julie ][ l[ ][ ][ J( First and Second Grantees Last Name First Name! )[F Middle Name or Initial [Peters 00( DO ~[R-o-ye_r_T_R~~~~~~][-C_o_llis_o_n~~~~ 00[ ][ J[ Grantee Address (Name) [Scott and Caroline McDonald (Address 1) [4666 McKinney Court (Address 2) [ (City, State, Zip) [Park City ] [UT 1 [84098 Consideration (360, ] Existing Debt [0.00 Assumption Balance [0.00 Prior Instr. Recorded at: City D Book [ ] Parcel Identification No (PINt Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 11 (Address 2) (City, State, Zip) CountyO Page [ [59C [Lot 15 West Leigh [ [ [ [ I l [ J( Percent. in this Juris. Instr. No [ ]( ][ Suffix Suffix I l J I l l 1 J 100] J ] l ] ] I ] l Instrument Prepared by Recording Paid for by Return Recording to (Name) Customer Case ID (Address 1) (Address 2) (City, State, Zip) (Royer Caramanis & McDonough [Royer Caramanis & McDonough [Collison F. Royer [Royer Caramanis & McDonough (200-C Garret St. [Charlottesville [ l [. ~.I ~ 'L.1 " cu r, llf 'I ~~ ~1 ~ ' ~ I ',, ~ I ~... ~: r,. ~ ' ' ''. n ' ~ ~.h,, -,, If 'J ll"f1.i ~ ~ Cover Sheet Page # 1 of 1 ~ '\ u ~ t11 ~ I rr. r... In ' ~ l.~ ;' M I ~ ' ~ ~ ~ ~ ] [VA ] [22902 ]( ] l ] I J I J Book: 4477 Page: 311 FileNumber: 2014~ Seq: 1

10 Page 2 of Prepared by and return to: Collison F. Royer (VSB #68593) Royer Caramanis & McDonough PLC 200-C Garrett Street Charlottesville, Virginia No title search has been conducted in connection with the preparation of this instrument. TM P: 059C DEED OF TRUST THIS DEED OF TRUST is made t'\llr~ '?,\. 2014, by Jrur Pt:TERS, with an address of lla, SY'' Sf.J Vi!\~ ~.1/ft l?>l.t~\ ("Grantor"); COLLISON F. ROHR, Trustee. with an address of200-c Garrett St., Charlottesville, Virginia ("Trustee". or "Grantee" for indexing purposes); and Scott and Caro l i~! McDonald (the "Beneficiary", or "Grantee" for indexing purposes), having an address of Y't.(, ~c.ll:nn~ uv+, Puk. c,\- 11 u+~1o <tt.toq~. Witnesseth that, for and in consideration of the provisions of this Deed oftrust, the Granter hereby GRANTS and CONVEYS unto the Trustee, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE. the following described property. to-wit: PARCEL I: That certain lot or parcel ofland with improvements thereon situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County. Virginia, in the subdivision known as West Leigh, and being more particularly described as Lot 15. in the plat of West Leigh. dated July made by A. R. Sweet and Associates, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 355. at page 277; and PARCEL 2: That certain Jot or parcel of land situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County, Virginia, in the subdivision known as West Leigh and being more particularly described as Parcel "X" on a plat captioned '"Plat showing Lot I 4A to be added to Lot 15, near Ivy, Albemarle County. Virginia, dated November, made by William S. Roudabush, Jr., attached to the deed of Westleigh. Inc.. dated February 27, 1963, recorded March 5, 1963, in the above Clerk's Office in Deed Book 386, page 293. Together with {i) all buildings and improvements now or hereafter erected on the above-described property; (ii) all the estate and rights, if any, ofgrantor in and to all land lying in public and private streets, roads and alleyways abutting the above-described property; (iii) all easements, rights-of-way. privileges and appurtenances now or hereafter belonging to or in any way related to the above-described property; (iv) all fixtures. machine!)', equipmen1, building materials and other personal property of every nature whatsoever now or hereafter located in, or on, now or hereafter attached to the property; and ( v) all proceeds of the conversion, whether voluntary or involuntary, of any of the above-described property into cash or liquid claims, including, without limitation, all awards, payments or proceeds, including interest thereon. and the right to receive same, which may be made as a result of any casualty, any exercise of the right of eminent domain or deed in lieu thereof, the alteration of the grade of any street and any injury to or decrease in the value of the abovedescribed property. together with all reasonable coses and expenses incurred by the Beneficiary (hereinafter defined) in connection with the collection of such awards, payments and proceeds, including. without limitation, reasonable anomey's fees; all of which, including replacements and additions thereto, shall be deemed lo be and remain a part of the property conveyed by this Deed of Trust. All of the foregoing real and personal property is referred to in this Deed of Trust as the "Property." Book: 4477 Page: 311 FileNumber: Seq: 2

11 Page 3 of 7 IN TRUST to secure to the Beneficiary, the repayment of that certain indebtedness in the principal amount of THREE HUNDRED SIXTY THOUSAND AND NO/ I 00 DOLLARS ($360,000.00). evidenced by a promissory note of dated r'-kcji...?\, 2014, executed by Julie Peters (!he "Note"). This Deed of Trust secures to the Beneficiary (a) the repa1ruent of the debt evidenced by the Note, together with interest at the rate therein specified, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums (including reasonable attorneys' fees), with interest thereon, advanced in accordance with the provisions of this Deed of Trust by the Beneficiary or the Trustees for the protection of the fien of the Beneficiary in and lo the Property; and (c) the performance of, or compliance with, the Grantor's covenants and agreements under this Deed of Trust and the Note. So long as no "events of default" (hereinafter defined) exist under this Deed oftrust, the Grantor shall remain in quiet use, possession and management of the Property. and in the enjoyment of the income, revenue and profits therefrom. follows: So long as any part of the indebtedness hereby secured remains unpaid, the Grantor covenants and agrees as I. Taxes and Assessments. The Grantor will pay, promptly when due, all taxes. assessments and public charges upon the Property. 2. Insurance. The Granlor will maintain fire insurance, with extended coverage, and such other insurance as the Grantor customarily maintains on similar property for any improvements constructed on the Property. 3. Preservation and Maintenance of the Property. The Grantor will keep the Property in good order and repair, including the making of such replacements as may be necessary for!hat purpose. 4. Waste. Grantor will not permit, suffer or commit any waste, impairment or deterioration of, nor allow any nuisance to exist upon, the Property or any part thereof. 5. Assurances of Title. Grantor will execute, or cause to be executed, such further assurances of title to the Property, and will take, and cause to be taken, such steps, including legal proceedings, as may at any time reasonably appear to Trustee, OT to the Beneficiary, to be desirable to perfect the title to the Property in Trustee. 6. Exemptions Waived. The Grantor will not set up or claim the benefit of any homestead ot other exemption of law, or any other faw or rule of law intended for the Grantor's advantage or protection as an obligor under the Note or this Deed of Trust or providing for their release or discharge from any liability under the Note or this Deed of Trust on account of any facts or circumstances other than full and complete payment of all amounts due hereunder and under the Note, all of such exemptions being hereby expressly waived. 7. Transfer of Property or Beneficial Interest. The Granter will not, without the prior written consent of the Beneficiary, bargain. sell, transfer, assign or convey the Property, or any portion thereof, or any legaf or equitable interest therein. The bargain, sale, transfer, merger or assignment or any beneficial interest in Grantor (except for transfers of any beneficial interest by testamentary disposition or by the laws of intestate succession) without the prior written consent of the Beneficiary shall be deemed to be in contravention of the provisions of the next preceding sentence. THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY OR THE SALE OR CONVEYANCE OF ANY INTEREST IN THE PROPERTY. 8. Condemnation. The Grantor will notify Beneficiary immediately of any actual or threatened taking or condemnation of any part of the Property under any power of eminent domain, and if any part of the Property is taken or condemned thereby. the Grantor will and hereby does assign and will pay over to the Beneficiary the proceeds and consideration resulting therefrom to the extent of the unpaid balance of the obligations hereby secured, to which such proceeds will be applied as determined by the Beneficiary in its reasonable discretion. 2 Book: 4477 Page: 311 FileNumber: 2014~ Seq: 3

12 Page 4 of 7 9. Property Use. Grantor shall use and operate, and require its lessees or licensees to use and operate, the Property in compliance with all applicable laws (including. for example, the Americans with Disabilities Act and the Fair Housing Act) and ordinances, covenants. and restrictions, and with all applicable requirements of any lease or sublease now or hereafter affecting the Property in accordance herewith. Grantor shall not permit any unlawful use of the Property or any use that may give rise to a claim of forfeiture of any of the Property. I 0. Protection of the Beneficiary's Security. In the event (a) the Grantor fails to perform any of the covenants or agreements contained in this Deed of Trust, or (b) any action or proceeding is commenced or threatened which affects the Property or title thereto or the interest of the Trustee or the Beneficiary therein, including, without limitation, eminent domain. insolvency, arrangement or proceedings involving a bankrupt or decedent, then. in any such event, the Beneficiary may, at its option, make such appearances, disburse such sums and take such action as the Beneficiary deems reasonably necessary. in its sole discretion, to protect its interest, including, without limitation, (i) the employment of attorneys and disbursement of reasonable attorney' s fees, (ii) the entry upon the Property to make repairs, (iii) the procurement of insurance as provided in Section 2 hereof. (iv) if the Property is subject to another deed of trust or lien, whether inferior or superior hereto, the curing of any default in the performance of any of the terms and provisions thereof. or if the indebtedness thereby secured is accelerated, the purchase or payment in full of such indebtedness. all on such terms as the Beneficiary shall, in its sole discretion, deem reasonably necessary or advisable. Any amounts disbursed by the Beneficiary pursuant to the provisions of this paragraph shall be added to, and deemed a part of, the indebtedness secured hereby, shall be secured in the same manner as the Note is secured, shall bear interest from the date of the disbursement thereof at the same rate of interest as set forth in the Note or at the highest interest rate permitted to be charged by contract on loans to individuals, whichever is higher, and shall, together with the interest thereon. be repayable by the Grantor on demand. l I. Events or Default. Any one or more of the fo llowing events is an event of default ("events of default"): (a) (b} defau lt in the payment ofche Note. or any installment thereof, or any interest; default in the performance of, or compliance with, any of the covenants, conditions and agreements set forth in this Deed of Trust, which, in the case of a non-monetary default only, continues for thirty days after written notice to Grantor; ( c) Grantor becomes insolvent or is unable generally to pay debts as they mature or makes an a5signment for the benefit of creditors; (d) (e) (f) a petition is filed or other proceeding is commenced under any bankruptcy, insolvency, reorganization or similar proceeding by or against Grantor or any person liable on the Note, and such petition or proceeding is not dismissed within 45 days of filing; a receiver, custodian, trustee or liquidator are appointed for the Grantor or any person liable on the Note, or a writ or order of attachment, levy or garnishment is issued against Grantor or any person I iable on the Note or the Property, assc::ts or income of any of them; or Grantor or any person liable on the Note takes any action for the purpose of effecting any of the actions set forth in subparagraphs (d) and (e) hereof. In any of such events of default, Trustee and the Beneficiary shall, in addition to any other rights and remedies provided by law. have the following rights and remedies. any one or more of which shall be exercisable at the option of the Beneficiary and without notice to Grantor: (i) The Beneficiary may declare the Note and all sums due thereunder immediately due and payable, 3 Book: 4477 Page: 311 FileNumber: Seq: 4

13 Page 5 of 7 without demand, provided, however. that in the case of the first monetary default under the Note, the Grantor shall have a period of five (5) days ftom written notice from Beneficiary to cure such default; (i i) The Beneficiary may apply for and obtain the appointment of a receiver for the Property, with the power to collect the rents, issues and profits therefrom, without regard to the value of the Property or of the solvency of any person or persons liable for the payment of the indebtedness secured hereby, and Grantor hereby waives any and all defenses to the application for appointment of such receiver and consents to the appointment of such receiver without notice, but reserves the right to apply for vacation of any order of appointment of such receiver. or for any other appropriate relief, upon showing that none of the foregoing events of default occurred prior to application for the appointment of such receiver or during the pendency of such application in court; and (iii) Trustee may foreclose by a sale of the Property as follows: (A) Trustee may take possession of the Property and proceed to sell the same at auction at the Property or at such other place in the city or county in which the Property or the greater pan thereof lies. or in the corporate limits of any city surrounded by or contiguous to such county. or in the case of annexed land, in the county of which the land was fonnerly a part, as Trustee may select upon such terms and conditions as Trustee may deem best, after first advertising the time, place and terms of sale at least once a week for four (4) consecutive weeks, in advance of the date of such sale, in a newspaper published or having general circulation in the county or city in which the Property or the greater part thereof is located. (B) The power of sale above granted may be exercised at different times as to different portions of the Property, and if for any reason any executoi)' contract of sale shall not be performed, then new contracts may be made with respect to the same portion of the Property (with or without other portions). If Trustee deems it best for any reason to postpone or continue the sale at any time or from time to time, they may do so, in which event Trustee shall advertise the postponed sale in the same manner as the original advertisemem of sale provided for in clause (A) above. (C) Full power and authority is hereby expressly granted and conferred upon Trustee to make, execute and deliver all necessary deeds of conveyance for the purpose of vesting in the purchaser or purchasers complete and entire legal and equitable cit!e to Che Property, or the portion thereof so sold, and the recitals therein shall be received in all courts oflaw and equity as prima facie evidence of the matters therein stated; and at such sale the Beneficiary may become a purchaser, and no purchaser shall be required to see to the proper application of the purchase money. (D) The proceeds of such sale shal l be applied, first, to discharge the expenses of executing the trust, including a commission to Trustee of two and one-half percent (2.5%} of the gross proceeds of sale; next. to discharge all taxes, levies and assessments on the Property. with costs and interest. including a proper proration thereof for the current year; next, to reimburse Trustee and the Beneficiary for all sums expended by them pursuant to the provisions of this Deed of Trust, with interest thereon; next, to pay the accrued interest on the unpaid principal balance due under the Note; next, to pay said unpaid principal balance and all other obligations secured by the Deed oftrust; next, to pay any indebtedness secured by any lien of record inferior to the lien of this Deed oftrust; and any residue of said proceeds shall be paid to Grantor provided, however, that Trustee as to such residue shall not be bound by any inheritance, devise, conveyance, assignment or lien of or upon Grantor's equity, without actual notice thereof prior to distribution. 12. Nonwaiver. No delay, act or fai lure to act by the Trustee and the Beneficiary, or any of them, however long continued, shall be construed as a waiver of any of their rights under this Deed of Trust or of any default by the 4 Book: 4477 Page: 311 FileNumber: Seq: 5

14 Page 6 of 7 Grantor. 13. No Liability or Obligation on Trustee or the Beneficiary. Nothing in this Deed of Trust shall be construed to impose any obligation upon either the Beneficiary or the Trustee to expend any money or to take another discretionary act herein permitted, and neither the Beneficiary nor the Trustee shall have any liability or obligation for any delay or failure to take any discretionary act. Trustee shall not be required to see that this Deed oftrust is recorded and shall not be liable for the default or misconduct of any agent or anomey appointed by them in pursuance hereof, or for anything whatever in connection with this Deed of Trust, except willful misconduct or gross negligence. Trustee may act upon any instrument or paper believed by them in good faith to be genuine and to be signed by the proper party or parties, and shall be fully protected for any action taken or suffered by them in reliance thereon. 14. Release. Upon full payment of all sums due under the Note and this Deed of Trust and the performance of all obligations secured hereby. Beneficiary shall, upon the request of and at the cost ofgrantor. execute a proper release of this Deed of Trust. 15. Either of Trustees May Act and Substitution of Trustees. Notwithstanding anything herein contained to the contrary, and in the event that one or more Trustees is appointed, {a) any one or more of Trustees may acr hereunder without the joinder of any other Trustee or Trustees and without the joinder of the Beneficiary, and any act taken hereunder by any one or more oftrustees shall be as effective as if taken by all Trustees, (b} the fact that one or more but less than all of Trustees take any action hereunder shall not preclude all Trustees or any one or more of the other Trustees from taking any other action hereunder, ( c) the fact!hat all Trustees join in any act hereunder sh al/ not preclude less than al l Trustees taking any other action hereunder, and (d) if either or both Trustees fail, refuse or become unable to act, or if for any reason the Beneficiary, in the Beneficiary's absolute discretion deems it advisable, the Beneficiary is hereby authorized and empowered to appoint, by an instrument recorded wherever this Deed of Trust is recorded, one or more other Trustees. in the place and stead of either or both of those herein named, which substitute trustee or trustees shall have all rights, powers and authority and be charged with all the duties that are conferred or charged upon Trustees herein named. 16. Headings. The headings or the paragraphs of this Deed oftrust are for the convenience of reference only and are not to be considered a part hereof and shall not limit or otherwise affect any of the terms hereof. 17. Number and Gender. The pronouns and verbs set forth herein shall be construed as being of such number and gender as the context may require. 18. Successors and Assigns. This Deed of Trust shall be binding upon, and shall inure to the benefit of. the parties hereto and their respective heirs, personal representatives, successors and assigns, and any descriptive term used herein shall include such heirs, personal representatives, successors and assigns. 19. Persons. The use of the word "persons" in this Deed of Trust includes individuals, corporations, partnerships and all other entities. /Signature follows on the next page.i 5 Book: 4477 Page: 311 FileNumber: Seq: 6

15 Page 7 of 7 WITNESS the following signature. JULIE PETE acknowledged before me this 'l,b day of My Commis,ion Expire" Nil" 1:i.J 1 tolf Regi,tmtion No.o t'o'!i!oq,')-. JOHN MICHAEL OMILIANOWSKI Notary Public Commonwealth of Virginia My Commission Expires Nov 30, Book: 4477 Page: 311 FileNumber: 2014~ Seq: 7

16 CONTRACT FOR PURCHASE OF PROPERTY AT FORECLOSURE SALE Albemarle County Tax Map No. 059C THIS CONTRACT OF PURCHASE (the Contract ) made and entered into this 12 th day of August, 2016, by and between, ( Purchaser(s) ), and NANCY R. SCHLICHTING, Substitute Trustee ( Trustee ). PARCEL 1: That certain lot or parcel of land with improvements thereon situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County, Virginia, in the subdivision known as West Leigh, and being more particularly described as Lot 15, in the plat of West Leigh, dated July, 1959, made by A. R. Sweet and Associates, of record in the Clerk s Office of the Circuit Court of Albemarle County, Virginia, in deed Book 355, at page 277; and PARCEL 2: That certain lot or parcel of land situated in the Samuel Miller Magisterial District (formerly Ivy Magisterial District) of Albemarle County, Virginia, in the subdivision known as West Leigh and being more particularly described as Parcel X on a plat captioned Plat showing Lot 14A to be added to Lot 15, near Ivy, Albemarle County, Virginia, dated November, 1962, made by William S. Roudabush, Jr., attached to the deed of Westleigh, Inc., dated February 27, 1963, recorded March 5, 1963, in the above Clerk s Office in Deed Book 386, page 293. (the Property ). WHEREAS, Purchaser was the last and highest bidder at the public auction held on August 12, 2016 (the Sale Date ) for the sale of the real estate known as 1121 West Leigh Drive, Charlottesville, VA, said Purchaser having made a last bid of $ ( Purchase Price ); and WHEREAS, Purchaser did pay to Trustee as deposit the sum of $ or 10% of the Purchase Price, the receipt of which is hereby acknowledged by the Trustee. WHEREAS, in connection with this sale, Purchaser acknowledges and agrees to the terms and conditions as stated in the advertised foreclosure notice.

17 NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as follows: 1. That within three (3) business days from the date of this Contract, Purchaser shall pay to Trustee the sum of $, representing the balance due of the deposit required (10% of the Purchase Price). 2. That Purchaser shall pay to Trustee, the balance of the Purchase Price, by wire transfer or certified or cashier s check, at settlement. 3. At settlement, Trustee shall deliver to Purchaser a deed with Special Warranty of Title conveying the Property to Purchaser. The conveyance of the Property is subject to the covenants, conditions, easements, restrictions and reservations, if any, superior to the lien of the Deed of Trust, duly of record and constituting constructive notice. 4. Grantor s tax and pro-rated real estate taxes up to the Sale Date shall be paid by Trustee. All other costs and expenses shall be paid by Purchaser. Each party shall pay its own attorney s fees. Rollback taxes, if any, shall be the responsibility of Purchaser. 5. Settlement shall occur on or before 2:00 p.m. on September 12, 2016 (the Settlement Date ), unless otherwise extended at the sole discretion of the Trustee. Possession of the Property shall be turned over at settlement. 6. Purchaser agrees this Contract is not contingent upon Purchaser obtaining financing from any third party and shall be treated as a cash sale. Purchaser further agrees this Contract is not contingent upon an appraisal of the Property being equal to or greater than the Purchase Price. 7. The deposit shall be applied to the credit of Purchaser at settlement; or, in the event of Purchaser s failure to complete settlement on the Settlement Date, including any

18 postponement by Trustee, and in accordance with the terms of sale, the deposit shall be forfeited and applied to the costs and expenses of sale, including the auction expenses and Trustee s fee and then to the balance due under the applicable note. Thereafter Trustee may resell the Property at the cost and expense of the defaulting Purchaser or Trustee may accept the next highest available bid from the auction sale, or Trustee may sell the Property to the lender at the bid of the defaulting Purchaser. Purchaser shall be liable for any deficiency resulting from the resale of the Property as well as for all costs, expenses, and reasonable attorneys fees connected to and arising out of Purchaser s failure to fulfill its obligations under this Contract, including but not limited to the process of any resale or the Trustee s acceptance of the next highest available bid. 8. The Property is sold AS IS with all faults and without reliance on any warranty of any kind whatsoever and Purchaser hereby accepts the Property in the condition as of the Sale Date. Risk of loss or damage to the Property shall be borne by Purchaser from Sale Date. 9. Choice of Settlement Agent: Virginia s Consumer Real Estate Settlement Protection Act provides that the purchaser or borrower has the right to select the settlement agent to handle the closing of this transaction. The settlement agent s role in closing this transaction involves the coordination of numerous administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the contract between the parties. If part of the Purchase Price is financed, the lender for the Purchaser will instruct the settlement agent as to the signing and recording of loan documents and the disbursement of loan proceeds. No settlement agent can provide legal advice to any party to the transaction except a settlement agent who is engaged in the private practice of law in Virginia and who has been

19 retained or engaged by a party to the transaction for the purpose of providing legal services to the party. 10. Variation by Agreement: The provisions of the Consumer Real Estate Settlement Protection Act may not be varied by agreement, and rights conferred by this chapter may not be waived. Trustee may not require the use of a particular settlement agent as a condition of the sale of the Property. 11. Escrow, Closing and Settlement Service Guidelines: The Virginia State Bar issues guidelines to help settlement agents avoid and prevent the unauthorized practice of law in connection with furnishing escrow, closing or settlement services. As a party to a real estate transaction, the Purchaser or Borrower is entitled to receive a copy of these guidelines from his settlement agent, upon request, in accordance with the provisions of the Consumer Real Estate Settlement Protection Act. 12. Ratification by Trustee: This Contract shall not be valid or enforceable unless and until Trustee has executed and ratified this Contract. 13. This Contract may be executed in counterparts, each of which shall constitute an original and all of which when taken together shall constitute one and the same document. This Contract may also be executed by facsimile and/or scanned signature which shall be deemed originals for all purposes. [SIGNATURE PAGE TO FOLLOW]

20 WITNESS the following signatures and seals. I, Nancy R. Schlichting, Auctioneer, do hereby certify that the above-listed price was the highest bid received at the auction of the aforesaid Property. Dated this 12 th day of August, Nancy R. Schlichting Auctioneer Seller: Nancy R. Schlichting Substitute Trustee Purchaser s Signature Purchaser s Printed Name Address City / State / Zip / Telephone Co-Purchaser s Signature Purchaser s Printed Name Address City / State / Zip / Telephone Purchaser s Settlement Agent (if known): Name Address City / State / Zip / Telephone