FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION

Transcription

1 FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION Troy, Virginia Albemarle County Tax Map Nos A8 and C0 Fluvanna County Tax Map Nos. 2-A-A5 and 8-10-A2 SALE: WEDNESDAY, JUNE 27, 2018 AT 11:00 A.M. ON THE FRONT STEPS OF THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE 501 EAST JEFFERSON STREET, CHARLOTTESVILLE, VA

2 Nancy R. Schlichting Attorney at Law Direct: (434) Phone: (434) Fax: (434) East Main Street P.O. Box 2057 Charlottesville, Virginia June 21, 2018 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 Wednesday, June 27, 2018, at 11:00 a.m., at 501 E. Jefferson Street, Charlottesville, Virginia. I will be selling Parcels One and Two (as described in the Deed of Trust and shown on the plat) separately and then together and I will accept whatever bid(s) brings the best overall price. I do not know what the foreclosure sale price for this property will be since it will be a sale at public auction, but the 2018 Albemarle and Fluvanna County tax assessed value combined is $620, I believe this will be a great investment and encourage you to attend the auction. Please do not hesitate to call me with any questions about this fantastic investment opportunity.. Very truly yours, NRS:lmg Nancy R. Schlichting Enclosure

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

4 FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION Troy, Virginia Albemarle County Tax Map Nos A8 & C0 Fluvanna County Tax Map Nos. 2-A-A5 & 8-10-A2 SALE: WEDNESDAY, JUNE 27, 2018 AT 11:00 A.M. ON THE FRONT STEPS OF THE ALBEMARLE COUNTY CIRCUIT COURTHOUSE 501 EAST JEFFERSON STREET, CHARLOTTESVILLE, VA In execution of three Deeds of Trust, the first being dated February 25, 2004, of record in the Clerk s Office of the Circuit Court of Albemarle County, Virginia ( Albemarle County ), in Deed Book 2697, page 16 (the First Deed of Trust ), and the second Deed of Trust dated January 28, 2005, of record in Albemarle County in Deed Book 2911, page 499 and in the Clerk s Office of the Circuit Court of Fluvanna County, Virginia ( Fluvanna County ) in Deed Book 617, page 9 (the Second Deed of Trust ), and the third Deed of Trust dated August 7, 2006, of record in Albemarle County in Deed Book 3267, page 673 and in Fluvanna County in Deed Book 695, page 499, the holder of the Notes secured by said First, Second and Third Deeds of Trust having substituted the undersigned as Trustee by instrument of record in the aforesaid Clerks Offices, the undersigned Acting Substitute Trustee will offer for sale at public auction: Parcel One: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated partially in Albemarle County, Virginia, and partially in Fluvanna County, Virginia, containing acres, more or less, shown on a plat by Residential Surveying Services dated November 1, 2004, and recorded in the Clerk s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, pages 3-4, and in the Clerk s Office of the Circuit Court of Albemarle County, in Deed Book 2911, pages Parcel Two: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623, near Boyd Tavern in Albemarle County, Virginia being more particularly described as Parcel 2 containing acres, of which are located in Albemarle County and of which are located in Fluvanna County, fronting on the private road

5 providing ingress and egress to State Route 623 as shown on a plat of William S. Roudabush, Inc., C.L.S., dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 50, and in the Clerk s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650. (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 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.

6 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 for Lenhart Pettit P.C. Substitute Trustee 530 E. Main Street P. O. Box 2057 Charlottesville, VA (434) (Schlichting) NRS@lplaw.com

7 Instrument Control Number.. 003Lv54 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent jt I le I Date of Instrument: : ~ Instrument Type: [2/26/2004 [DOT \ffi\11\ili\ll\llllllm\l\~l\ffl ooo 10: Tvpe : DEE Recorded : 02/26/2004 at 12 :05:53 PM Fee Amt: $ PaRe 1 of 6 Shelbv Mar&hall, Cl erk Ci rcuit Ct shelbv Mar&hall Clerk c1rou1t court File# BK2697 pa ~- E X E M p P. Number of Parcels Number of Pages City D County W 1 5 (Box for Deed Stamp Only) [Albemarle County J First and Second Granto_!ll [ Last Name First Name Middle Name or Initial I Suffix D fobrlen, [Thomas [ [P [ First and Second Grantees I Last Name! First Name I Middle Name or Initial! Su DD [Treakle TR [James [E I D D [Basham TR [Barney [W [ [ [ )r - ffix Grantee Address (Name) [Crescent Mortgage Corporation (Address 1) [610 West Rio Road (Address 2) [ (City, State, Zip) [Charlottesville l [VA J [22901 l Consideration [107, Existing Debt [0.00 Assumption Balance [ ==5,..,... Prior Instr. Recorded at: City County [ J Percent. In this Juris. [ ~ Book [ J Paga [ Instr. No [ Parcel Identification No (PIN) [ CO J Tax Map Num. (If different than PIN) [ CO ) Short Property Description [Lot 2 containing acres Current Property Address (Address 1) (Address2) (City, State, Zip) [ 1 [State Route 623 [ [Albemarle County [VA [ r,~o Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID [James E Treakle Jr [James E Treakle Jr [James E Treakle Jr [700 East High Street [ [Charlottesville [ [ [VA J [22902 [ 1 1 ) 1 Cover Sheet Page# 1 of 1 '( Cl ~o VK)-- \ l s Pi /5 b

8 Albemarle County Tax Map: CO Fluvanna County Tax Map:B.10.A2 Louisa county Tax Map: l15t~ Prepared by/return to: James E. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia qj This DEED OF TRUST made this 25 th day of February, 2004, by and between THOMAS P. O'BRIEN, Grantor, and JAMES E. TREAKLE, JR., Trustee, of the City of Charlottesville, Virginia, whose address is 700 East High Street, Charlottesville, Virginia 22902, and BARNEY W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose address is 610 West Rio Road, Charlottesville, Virginia , Grantees. WIT NE SETH: THAT for and in consideration of the provisions of this deed and five dollars cash in hand paid by said Trustees unto the said Granter, receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the said Trustees as Grantees the following described property, to-wit: PARCEL ONE: All that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623 near Boyd Tavern in Albemarle County, Virginia, being more particularly described as Parcel 2 containing acres fronting on the private road providing ingress and egress to State Route 623 as shown on a plat of Williams. Roudabush, Inc., Certified Land Surveyor, dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 650. By reference to sa{d plat it will be seen that a portion of the property conveyed

9 herein lies in Albemarle County, Virginia, and a portion lies in cluvanna County, Virginia; BEING the same property in all respects conveyed to Thomas P. O'Brien, Grantor herein, by deed of Allen J. Friedman, dated February 16, 2004, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, immediately prior hereto, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, immediately prior hereto. PARCEL TWO: All that certain parcel of land, lying and being situate in the Green Spring Magisterial District, Louisa County, Virginia, containing one (1) acre more or less, bounded as follows: Beginning on the northeast side of State Route 607 at a telephone pole, corner with the property of Nora B. Fletcher; thence, along the said Fletcher's line in a northeasterly direction 273 feet to an iron pipe, corner with said Fletcher and the land of Glass; thence in a northerly direction along the line of the said Glass land, 230 feet to an iron pipe corner with Glass in said Butler's line; thence, a new line with the land of said Butler, 4 50 feet to an iron pin or pipe corner on tne northeast side of the said highway with the land of the said Butler; thence, along the northeast side of said highway, in a southeasterly direction a distance of 120 feet to the Beginning, as shown on a plat recorded November 20, 1961, in the Clerk's Office of the Circuit Court of Louisa County, Virginia, in Deed Book 112, Page 253. BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of James R. Gibson and Patricia Ann Gibson, husband and wife, dated November 5, 1998, and recorded in the Clerk's Office of the Circuit Court of Louisa County, Virginia, in Deed Book 580, Page 65. With respect to the property located in Louisa County, Virginia, this lien of this Deed of Trust shall be considered as additional collaterar and not as deferred purchase money.

10 IN TROST to secure a debt of THOMAS P. O'BRIEN in the principal amount of ONE HUNDRED-SEVEN THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($107,100.00) as evidenced by one Promissory Note of even date with this Deed of Trust, payable to Crescent Mortgage Corporation, a Virginia corporation, payable in monthly installments of ONE THOUSAND SEVENTY ONE AND 00/100 DOLLARS, ($1,071.00) bearing interest at the rate of 12. 0% per annum, commencing on the 25 th day of March, 2004, with the principal and accrued interest, if not sooner paid, due on the 25 th day of February, The Promissory Note contains provisions relating to tne deferral of interest payments, the payment of late charges and the payment of attorney fees. This Deed of Trust is executed subject to the provisions of Title 55, Sections 58 through 60, inclusive, of the Code of Virginia of 1950, and in accordance with the said act the following provisions are incorporated herein by reference, namely: (1) Exemptions waived. (2) Subject to call upon default. (3) Renewal or extension permitted. (4) Right of anticipation in whole or in part, at any time and without penalty, is reserved. (5) Advertising required: Advertisement of the time, place, and terms of sale once a week for two (2) consecutive weeks in a newspaper published or having a general circulation in the

11 City/County in which the property is located. (6) Substitution of Trustee permitted. (7) Any Trustee may act. ( 8) Fi re and extended coverage insurance required in an amount equal to its full insurable value. (9) Deferred Purchase Money. Trustees' commission upon a default shall be a 2 ½%of the unpaid obligation or $200.00, whichever is greater, if the Trustee is requested to foreclose but the property is not advertised for sale; 5% of the unpaid obligation or $500.00, whichever is greater, if the Trustee is requested to foreclose and the property is advertised but not sold by the Trustee; and 5% of the gross proceeds of sale if the Trustee is requested to foreclose and the property has been advertised and sold. A bidder's deposit of up to 10% of the sale price may be required. NOTICE: 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 CONVEYED. WITNESS the following signature and seal: ~? (SEAL) THOJ\SP.O'BRIEN

12 ,o STATE OF VIRGINIA CITY/eOUNTY OF: ~u,lillsv1 l,{,l, to-wit: The foregoing instrument was acknowledged before me this day of February, 2004, by THOMAS P. O'BRIEN. My c~mmission expires: Ct.30. ~ ~ ~. ~ Notary Public {)~ - RECORDED IN CLERKS OFFrCE OF ALBEMARLE ON February 28,2004 AT t 2:05:53 PM $0.00 GRANTOR TAX PD AS REQUIRED SY VA CODE f STATE: $0.00 LOCAL: $0.00 SHELBY MARSHALL, CLERK CIRCUIT CT ==='ArltcQ To '2.½ -.DC re L- "L (,,, c.:. I o '"" ffvto

13 Instrument Control Number A X E X E M p Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent ) Date of Instrument: Instrument Type: Number of Parcels Number of Pages [01/28/2005 [DOT 1 4 1~m~1~m~!~m1m11~1~,1~1~m~1m1 Doc ID : City D County GJ [Albemarle County Tvpe : DEE Recorded : 01/31/2005 at 10 :22 :38 AM f e e Amt: $ PaQe i of 5 Albemar le Cou~tv, VA Shelbv Marshal l cler k circuit court File# BK2911 pa First and Second_Grantors (Box for Deed Stamp Only) [ Last Name First Name Middle Name or lnhial I Suffix I DD!OBrlen [Thomas [P l [ l [ [ [ 1 First and Second Grantees! Last Name I First Name I Middle Name or Initial I Suffix I D O [Basham TR [Barney [W J [ D D [Treakle TR [James [E [Jr J Grantee Address (Name) [The Crescent Mortgage Corporation l (Address 1) [610 West Rio Road ) (Address 2) [ ) (City, State, Zip) (Charlottesville [VA [22901 ) Consideration [153, Existing Debt [0.00 Assumption Balance [0.00 J Prior Instr. Recorded at: City D [Albemarle County Percent. In this Juris. Book [ Page [ Instr. No [ Parcel Identification No (PIN) [A Portion of A Tax Map Num. (If different than PIN) [2A-A5 Short Property Description ( acres less 7 acres being in Fluvanna County Virginia [ Current Property Address (Address 1) [4267 Woods Edge Road (Address 2) [ (City, State, Zip) [Troy [VA J [22974 [ -8-'r.51 ) l J J Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID [James E Treakle Jr [James E Treakle Jr [James E Treakle Jr [700 East High Street [ [Charlottesville r l [ [VA (22902 [ l 1 ) J Cover Sheet Page # 1 of 1. ~ 0 \, \Ii,,IA_, ~ () '\, C\\\- '--"~"

14 '::::ti N co...;, A Portion of Albemarle Cowity Tax Map:94-21A Fluvanna County Tax Map,2A-AS Prepared by/return to, Jamee B. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia This DEED OF TRUST made this 28 th day of January, 2005, by and between THOMAS P. O'BRIEN, Grantor, and JAMES E. TREAKLE, JR. I Trustee, of the City of Charlottesville, Virginia, whose address is 700 East High Street, Charlottesville, Virginia 22902, and BARNEY W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose address is 610 West Rio Road, Charlottesville, Virginia 22901, Grantees. WIT NE SETH: THAT for and in consideration of the provisions of this deed and five dollars cash in hand paid by said Trustees unto the said Grantor, receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the said Trustees as Grantees the following described property, to-wit: All that certain tract or parcel of land situated in the Ri vanna Magisterial District, Albemarle County, Virginia, a small portion extending into Fluvanna County, Virginia, located at the end of State Route 623, containing acres, more or less, as shown on plat of survey made by Robert W. Coleman, Jr., C.L.S., dated November 1, 2004, attached hereto and incorporated herein by reference; Being a portion of the same property conveyed to Allen J. Friedman by deed from Steven M. Friedman, dated November 16, 2001, recorded November 19, 2001 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2111, page 87; and, in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, - ;;_,,:.

15 in Deed Book 443, page 346. IN TRUST to secure a debt of THOMAS P. O'BRIEN in the principal amount of ONE HUNDRED FIFTY-THREE THOUSAND AND NO/100 DOLLARS ($153,000.00) as evidenced by one Promissory Note of even date with this Deed of Trust, payable to Crescent Mortgage Corporation, a Virginia corporation, payable in monthly installments of ONE THOUSAND FIVE HUNDRED THIRTY AND 00/100 DOLLARS, ($1,530.00) bearing interest at the rate of 12.0% per annum, commencing on the 28 th day of February, 2005, with the principal and accrued interest, if not sooner paid, due on the 28 th day of January, The Promissory Note contains provisions relating to the payment of late charges and attorney fees. This Deed of Trust is executed subject to the provisions of Title 55, Sections 58 through 60, inclusive, of the Code of Virginia of 1950, and in accordance with the said act the following provisions are incorporated herein by reference, namely: (1) Exemptions waived. (2) Subject to call upon default. (3) Renewal or extension permitted. (4) Right of anticipation in whole or in part, at any time and without penalty, is reserved. (5) Advertising required: Advertisement of the time, place, and terms of sale once a week for two (2) consecutive weeks in a newspaper published or having a general circulation in the

16 City/County in which the property is located. (6) Substitution of Trustee permitted. (7) Any Trustee may act. (8) Fire and extended coverage insurance required in an amount equal to its full insurable value. Trustees' commission upon a default shall be a 2 ½%of the unpaid obligation or $200.00, whichever is greater, if the Trustee is requested to foreclose but the property is not advertised for sale; 5% of the unpaid obligation or $500.00, whichever is greater, if the Trustee is requested to foreclose and the property is advertised but not sold by the Trustee; and 5% of the gross proceeds of sale if the Trustee is requested to foreclose and the. property has been advertised and sold. A bidder's deposit of up to 10% of the sale price may be required. NOTICE: 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 CONVEYED. WITNESS the following signature and seal: ~7~--- (SEAL) OMAS P. O'BRIEN.,_;

17 STATE OF VIRGINIA CITY/COUN'I'Y OF: CA.o..r: f.otj..k...gvi ~, to-wit: The foregoing instrument was acknowledged before me this d~q_ day of January, 2005, by THOMAS P. O'BRIEN.. \.,1,,~.. ~... );~ -' ~ ~, I 0'\ 1 I ()... 1, ',1-.(I\ -,., '. -f 'NJ. comrll'.d.'i~{.jn expires : ~ ~. 0~ ;-' 1 ~-7 f , ~ i ~.(1. ~.., ;! ~,.;o 1, '"',.. ',.. '0.. :f ' * C. I' '. \,,.}llr' put~ ' I' ~ f f l -.,., ' 9. Z/.). ~1--- ~I<-~ Notary Public 7 { i{_, \ ('S\ ( ~< f\ V l,l.7

18 1 ~ I Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent I Date of Instrument: (8/9/2006 Instrument Type: [DOT p Number of Parcels 2 lg Ix R E ix E M p T Number of Pages City D County GJ DD (O'Brien [ LHtName Last Name DO [Basham DO [Treakle 4 l~~i~ I~~, ~lffil ~illlllllmli Im~ 111\llll~lrn Doc IP: Type: DEE Recorded: 08/09/2006 at 01:03 :02 PM Fee Amt: $348,66 PaAe 1 of 6 Albemar le County, VA Shelby Marshall Clerk Circuit court File# BK3267 pa (Albemarle County (Box for Deed Stamp Only) FJrst and Second ~(3otors Fi tname t I Middle Name or Initial Suffix [Thomas [P. [ ( [ ( First and Second Grantees I ;- me I Mlddle Name or Initial SuJm_ {Braney [W [Trustee [James IE (Trustee Grantee Address (Name) [B~rney W. Basham (AddreH 1) [610 West Rio Road (AddreH 2) [ (City, State, Zip) [Charlottesville Consideration [100, Existing Debt (0.00 I I\IA I (20901 Assumption Balance [0.00 J. ) Prior Instr. Recorded at: City D County G [Albemarle County Book (2697 Page [13 Parcel Identification No (PIN) [ C Tax Map Num. (If different than PIN) [ C Short Prop&rty Description ( ac ) ( Current Property Address (Address 1) [Woods Edge Road (Address 2) ( (City, Stat&, Zip) ( Instrument Prepared by Recording Paid f~r by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID [James E. Treakle, Jr. (James E. Treakle, Jr. [James E. Treakle, Jr. [700 East High Street [ [Charlottesville r I l Percent in this Juris. Instr. No { [ I J IVA [22902 I 80) J J 1 l l Cover Sheet Page # 1 of 2 0i l t<.. r,,, v,.qta. ~" ")l\,"y \I("\

19 Instrument Control Number (0.I ~,. Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0,66) T IA R R O Instrument Type: R G G c I Date of lnl'trument: X A N N P E T X O E R E 'M p T ( [ Dr De Number of Parcels Number of Pages City O County GJ Laat Namtt [8/9/2006 [DOT 2 4 [Albemarle County J (Box for Deed Stamp Only) Grantors/Grantees/Parcel Continuation Fom, C [ I[ I[ )[ )[ FJrstName Prior Instr. Recorded at: City D CountyO [ Book [2911 Page [493 Parcel Identification No (PIN) Tax Map Num. {If different than PIN) Short Property Description [ [ JI [ [ [ AO [ AO [ ac r Current Property Address (AddreH 1) [Woods Edge Road (Addre88 2) [ (City, State, Zip) I Prior Instr. Recorded at: City D County D [ Book ( ) Page [ Parcel Identification No (PIN) ( Tax Map Num. (If different than PIN) ( Short Property Description [ [ Cu1Tent Property Address (Address 1) ( (Address 2) { (City, State, Zip) [ Middle Name or!njtlaj [ I )[ JI u ) Percent. In this Juris. Instr. No [ J[ [ Percent. in this Juris. Instr. No [ [ )[ ~ J J ) 101 I l l J ) J 1 l l J 1111 Cover Sheet Page# 2 of 2

20 Albemarle County Tax Map/Parcel No. : CO Albemarle Count y Tax Map/Parcel No. : AO Fluvanna County Tax Map/Parcel No.:8.10.A2 Fluvanna County Tax Map/Parcel No.:2.A.AS Prepared by/retur n to, James E. Treakle, Jr., Esquire 700 East High Street Charlottesville, Virginia This DEED OF TRUST made this 7 th day of August, 2006, by and between THOMAS P. O'BRIEN, Grant9r, and JAMES E. TREAKLE, JR., Trustee, of the City of Charlottesville, Virginia, whose address is 700 East High Street, Charlottesville, Virginia 22902, and BARNEY W. BASHAM, Trustee, of the County of Albemarle, Virginia, whose address is 610 West Rio Road, Charlottesville, Virginia 22901, Grantees. WIT NE SETH: THAT for and in consideration of the provisions of this deed and five dollars cash in hand paid by said Trustees unto the said Granter, receipt of which is hereby acknowledged, the Granter does hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE, unto the said Trustees as Grantees the following described property, to-wit: PARCEL ONE: All that certain tract or parcel of land situated partly in the County of Albemarle and partly in the County of Fluvanna, Virginia, containing acres, more or less, shown as Parcel 2 on a plat by William s. Roudabush, Inc., dated December 12, 1977, last revised May 16, 1978, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 650, and in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650;

21 ~i BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of Allen J. Friedman, dated February 16, 2004, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2697, page 13, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 567, page 353. PARCEL TWO: All that certain tract or parcel of land situated in the Ri vanna Magisterial District, Albemarle County, Virginia, a small portion extending into Fluvanna County, Virginia, located at the end of State Route 623, containing acres, more or less, as shown on plat of survey made by Robert w. Coleman, Jr., C.L.S., dated November 1, 2004, attached hereto and incorporated herein by reference; BEING the same property in all respects conveyed to Thomas P. O'Brien, Granter herein, by deed of Allen J. Friedman, dated January 31, 2005, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2911, page 493, and recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, page 1. IN TRUST to secure a debt of THOMAS P. 0' BRIEN in the principal sum of ONE HUNDRED TWO THOUSAND AND NO/00 DOLLARS ($102,000.00) with interest thereon at the rate of twelve (12) percentum per annum, as evidenced by one Promissory Note of even date with this Deed of Trust, payable to Crescent Mortgage Corporation, a Virginia corporation, payable in monthly installments in the sum of ONE THOUSAND TWENTY and 00/100 DOLLARS ($1,020.00), to be applied first to interest and then to principal, commencing on the 7 th day of November, 2006, and continuing on the 7 th day of each month thereafter, with all principal and unpaid accrued interest, if not sooner paid, due on August 7, 2008.

22 ., Payments are to be made at 610 West Rio Road, Charlottesville, Virginia 22901, or such other ~ddress as the holder may designate. The Promissory Note contains provisions relating to the payment of late charges and attorney fees. This Deed of Trust is executed subject to the provisions of Title 55, Sections 58 through 60, ~,:- inclusive, of the Code of Virginia of 1950, and in accordance with the said act the following provisions are incorporated herein by reference, namely: (1) Exemptions waived. (2) Subject to call upon default. (3) Renewal or extension permitted. (4) Right of anticipation in whole or in part, at any time and without penalty, is reserved. (5) Advertising required: Advertisement of the time, place, and terms of sale once a week for two (2) consecutive weeks in a newspaper published or having a general circulation in the City/County in which the property is located. ( 6) Substitution of Trustee permitted. (7) Any Trustee may act. (8) Fire and extended coverage insurance required in an amount equal to its full insurable value. Trustees' commission upon a default shall be a 2½ % of the unpaid obligation or $200.00, whichever is greater, if the Trustee is requested to foreclose but the property is not advertised for

23 ~ sale; 5% of the unpaid obligation or $500.00, whichever is greater, if the Trustee is requested to foreclose and the property is advertised but not sold by the Trustee; and 5% of the gross proceeds of sale if the Trustee is requested to foreclose and the.:,. property has been advertised and sold. A bidder's deposit of up to 10% of the sale price may be required. NOTICE: 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 CONVEYED. WITNESS the following signature and seal: lt.tyi~~---.. (SEAL) Tho~ O'Brien STATE OF VIRGINIA CITY~OF, ClAf W!k.,~ UL, to-wit: The foregoing instrument was acknowledged before me this day of August, 2006, by Thomas P. O'Brien. ~~- -.,., ljluu Notary Public" 9~ My commission expires: ~t-,.?jj 1 ~ RECORDED IN CLERKS OFFICE OF ALBEMARLE ON August 09,2006 AT 1 :03:02 PM $0.00 GRANTOR TAX PO AS REQUIRED BY VA CODE STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY. VA SH~::SH~COURT..d-/( DC { vz_ 1) l"' ( vb f~vlj

24

25

26

27

28 CONTRACT FOR PURCHASE OF PROPERTY AT FORECLOSURE SALE Albemarle County Tax Map Nos A8 and C0 Fluvanna County Tax Map Nos. 2-A-A5 and 8-10-A2 THIS CONTRACT OF PURCHASE (the Contract ) made and entered this 27 th day of June, 2018, by and between, ( Purchaser(s) ), and NANCY R. SCHLICHTING, acting for Lenhart Pettit, PC Substitute Trustee ( Seller and sometimes referred to as Trustee ) to convey the following parcels in Albemarle and Fluvanna Counties, Virginia: Parcel One: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated partially in Albemarle County, Virginia, and partially in Fluvanna County, Virginia, containing acres, more or less, shown on a plat by Residential Surveying Services dated November 1, 2004, and recorded in the Clerk s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 617, pages 3-4, and in the Clerk s Office of the Circuit Court of Albemarle County, in Deed Book 2911, pages Parcel Two: ALL that certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, located off State Route 623, near Boyd Tavern in Albemarle County, Virginia being more particularly described as Parcel 2 containing acres, of which are located in Albemarle County and of which are located in Fluvanna County, fronting on the private road providing ingress and egress to State Route 623 as shown on a plat of William S. Roudabush, Inc., C.L.S., dated December 12, 1977, revised May 10, 1978, and recorded in the Clerk s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 653, page 50, and in the Clerk s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 128, page 650. (the Property ). WHEREAS, Purchaser was last and highest bidder at the public auction held on June 27, 2018 (the Sale Date ) with a bid of $ ( Purchase Price ) for the purchase of the real estate known as: TMP NOS A8 AND 2-A-A5 PARCEL ONE TMP NOS C0 AND 8-10-A2 PARCEL TWO

29 ( Property ); and WHEREAS, Purchaser did pay to Seller as deposit the sum of $, the receipt of which is hereby acknowledged by the Seller; and WHEREAS, in connection with this sale, Purchaser acknowledges and agrees to the terms and conditions as stated in the advertised foreclosure. 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 Seller 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 July 27, 2018 (the Settlement Date ), unless otherwise extended at the sole discretion of the Trustee. Possession of the Property shall be turned over at settlement.

30 6. If the Trustee is unable to convey title to the subject Property for any reason, the sole remedy of Purchaser is the return of the deposit with accrued interest. If the Trustee believes any challenge to the validity of the sale has merit, the Trustee may declare in her sole discretion the sale void and return the deposit, and Purchaser shall have no further remedy. 7. 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. 8. 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 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. 9. 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.

31 10. 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 retained or engaged by a party to the transaction for the purpose of providing legal services to the party. 11. 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. 12. 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 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.

32 13. Ratification by Trustee: This Contract shall not be valid or enforceable unless and until Trustee has executed and ratified this Contract. 14. 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. 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 27 th day of June, Nancy R. Schlichting Auctioneer Seller: Nancy R. Schlichting, acting for Lenhart Pettit PC 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):

33 Name Address City / State / Zip / Telephone