REC EIVED JUL 0 7 ~t~
COlnmon\vealth Trustees, LLC.
8601 W estwoo d C enter Drive, Suite 255
Vienn a, Vir ginia 22182
Phone: 703 - 752 - 8500
Fax: 703 - 752 - 4300
July 1, 2014
County of South hampton Va
PO BOX 400
Courtland, VA 23837
Re:
Donald 8. Moyer a/kla Donald 8. Moyer, Jr. and Regina A. Moyer
22460 Homestead Lane
Franklin, VA 23851
Tax ID: 77E 1 SE3-72
Our File Number: 48267
Dear County of Southhampton Va :
Pursuant to Section 55-59 .1 of the 1950 Code of Virginia , as amended , please be advised that the
appointed Substitute Trustee will sell at public auction the above referenced property on July 23, 2014
at 12:45 PM .
The sale will be conducted at front steps of the Main Entrance to the Circuit Court for Southampton ;
located at 22350 Main Street, Courtland , VA 23837, as specified in the enclosed advertisement.
Enclosed please find a copy of the advertisement of sale as published in Tidewater News which
contains the terms of sale and a copy of the executed Substitution of Trustee.
Sincerely,
Commonwealth Trustees, LLC
Via certified mail, return receipt requested and first class mail.
Enclosures
20
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
22460 Homestead Lane, Franklin, VA 23851
By virtue of the power and authority contained in a Deed of Trust dated June 15, 2004,
and recorded at Instrument Number 040002535 in the Clerk's Office for the Circuit Court for
Southampton, V irg inia, securing a loan which was originally $154,000 .00 . The appointed
Substitute Trustee, Commonwealth Trustees, LLC will offer for sale at public auction at front
steps of the Main Entrance to the Circuit Court for Southampton ; located at 22350 Main
Street, Courtland, VA 23837 on:
Wednesday, July 23, 2014 at 12:45 PM
improved real property, with an abbreviated legal description of
ALL THAT certain lot or parcel of land lying, situate and being in Franklin Magisterial District,
Southampton County, Virginia, known, numbered and designated as Lot No. 72 on plat
entitled "Subdivision Plat Showing Portion of Section Two and Section Three Scottswood
Owners and Developers-E.M. Scott and E.M. Scott, Jr.", dated July 7, 1977, and made by S.
V. Camp, III and Associates, Certified Land Surveyor, Courtland, Virginia, duly of record in
the Clerk's Office of the Circuit Court of Southampton County, Virginia, in Plat Book 12, at
page 90, and incorporated herein by reference and made a part hereof, said lot being more
particularly described in accordance with said plat as follows: Beginning at a point on the
West side of Homestead Lane at a point where an iron pin is driven into the ground , a corner
for Lot No. 73 and the within described lot; thence continuing along Homestead Lane N 24
degree 29' 36" W 90.00 feet to a point where an iron pin is driven into the ground; thence
continuing along Homestead Lane in a northerly direction on an arc 25 .00 feet to a point
where an iron pin is driven into the ground; thence S 67 degree 55' 32" /west 175.71 feet to a
point where an iron pin is driven into the ground; thence S 25 degree 05' 30" East 122.41 feet
to a point where an iron pin is driven into the ground; thence N 65 degree 30' 24" East 173.75
feet to the iron pin the point of beginning, all as shown on the aforesaid plat. , and as more
fully described in the aforesaid Deed of Trust.
TERMS OF SALE: The property will be sold "AS IS," WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, AND SUBJECT TO cond itions, restrictions , reservations ,
easements, rights of way, and all other matters of record taking priority over the Deed of Trust
to be announced at the time of sale. A deposit of $14,000.00, or 10% of the sale price,
whichever is Lower, in cash or cashier's check payable to the Substitute Substitute Trustee
will be required at the time of sale. The balance of the purchase price, with interest at the
rate contained in the Deed of Trust Note from the date of sale to the date said funds are
received in the office of the Substitute Substitute Trustee, will be due within fifteen (15) days
of sale. I n the event of default by the successful bidder, the entire deposit shall be forfeited
and applied to the costs and expenses of sale and Substitute Trustee's fee. All other public
charges or assessments, including water/sewer charges, whether incurred prior to or after the
sale, and all other costs incident to settlement to be paid by the purchaser. In the event taxes,
any other public charges have been advanced, a credit will be due to the seller, to be
adjusted from the date of sale at the time of settlement. Purchaser agrees to pay the Seller's
attorneys at settlement, a fee of $445.00 for review of the settlement documents.
Additional terms will be announced at the time of sale and the successful.bidder will be
required to execute and deliver to the Substitute Trustees a memorandum or contract of the
sale at the conclusion of bidding.
21
FOR INFORMATION CONTACT:
Rosenberg & Associates, LLC
(Attorney for Commonwealth Trustees, LLC)
7910 Woodmont Avenue, Suite 750
Bethesda, Maryland 20814
301-907-8000
www.rosenberg-assoc.com
22
1400013S6
PG
.1
J
( )
0
'JoN. 18. 14
APPOINTMENT OF SUBSTITUTE TRUSTEES
J1.
THIS AP.POINTMENT OF SUBSTITUTE TRUSTEES, made this
day of
---.!~tq!~_, 20
by Green Tree SelVicing LLC, party of the first part,
8601 Westwood Center Drive, Suite 255, Vienna, VA
Commonw alth Trustees,
22182, party of the second part, Grantees, hereinafter referred to collectively as
·Substitute Trustees".
-=-__
iif
Li1:',
WHEREAS, on June 15,2004, Donllid B. MOYER alkJa Donald B. Moyer, Jr. and
Regina A. MOYER executed a Deed of Trust, which is recorded in the Land Record
Office of Southampton , Virginia at Instrument Number 040002535, granted and
conveyed the property known as:
-
ALL THAT certain lot or parcel of land lying, situate and being in Franklin
Magisterial District, Southampton County, Virginia, known, numbered and
designated as Lot No. 72 on plat entitled "Subdivision Plat Showing
Portion of Section Two and Section Three Scottswood Owners and
Developers-E.M. Scott and E.M. Scott, Jr.", dated July 7, 1977, and made
by S. V. Camp, III and Associates, Certified Land Surveyor, Courtland,
Virginia, duly of record in the Clerk's Office of the Circuit Court of
Southampton County, Virginia, in Plat Book 12, at page 90, and
incorporated herein by reference and made a part hereof, said lot being
more particularly described in accordance with said plat as follows:
Beginning at a point on the West side of Homestead Lane at a point
where an iron pin is driven into the ground, a comer for Lot No. 73 and
the within described lot; thence continuing along Homestead Lane N 24
degree 29' 36" W 90.00 feet to a point where an Iron pin is driven into the
ground; thence continuing along Homestead Lane in a northerly direction
on an arc 25.00 feet to a point where an iron pin is driven into the ground;
thence S 67 degree 55' 32" !west 175.71 feet to a point where an iron pin
is driven into the ground; thence S 25 degree OS' 30" East 122.41 feet to a
point where an iron pin is driven into the ground; thence N 65 degree 30'
24" East 173.75 feet to the iron pin the point of beginning, all as shown
on the aforesaid pial
Address:
22460 Homestead Lane, Franklin, VA 23851
Tax ID #:
77E 1 SE3-72
COMMOWWLU.TH
n==uc
. ,,"'..,
8601 W&STWOQO
coma!),,,,,,-
VrUIN.\. VlJ.C1NtA 2218:t
(7D3) 752:-8500
in trust unto Samuel!. White, P.C., Trustee to secure payment of a Deed of Trust
and Note in the original principal amount of $154,000.00 unto the original beneficiary
therein, Countrywide Home Loans, Inc.; and,
PlUNuMIU: 48267
---
P"",",N_
Mo)'tr. Daoaid &.
22460n~Unc
WHEREAS, said Deed of Trust provides that the holder of the Note shall have
1
23
PG
-, >' 'JuN. 18. 14
the power and authority to appoint substitute trustee(s) in the place and stead of the
trustee(s) originally named therein; and,
WHEREAS, Federal National Mortgage Association is the owner of the note
secured by said Deed of Trust and appointed the party of the first part with authority
to hold, collect and enforce the note; and
WHEREFORE, in exchange for certain good and valuable consideration , the
party of the first part by execution and delivery of this instrument, does hereby remove
the original Trustee(s) designated in the aforesaid Deed of Trust and any
successor(s) appointed prior to this date as Substitute Trustee(s) , and in lieu thereof
, does hereby constitute and appoint Commonwealth Trustees. LLC as Substitute
Trustees under the terms of the aforesaid Deed of Trust with all the rights, powers
and duties conferred therein on the original Trustee(s) .
Cow ""'"""-'"
nusru:s,u.c
8&01 WUTWOOD
"''''...
c..na D""'VlDOlA. VJAGll'flA T.l1B:l
(703) 7'$2-8sOO
Flu: HUMID:
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I, ATTEST :
. ..__~
----r;:;
1-
'
.·
'B ;fi<9U3r
Ir2{frs '.
STATE OF
COUNTY/CITY OF
I!
1Xl.(lw
By -..L"'4&'f..!.~LLf='CTJfr _ __
T itie : -
-'-"''--'----'''+:LfL..!.L!..l..._ __
' ,:
17 k.()1f73 : ss .
em AJd/ns,
_
~nd
I, : J
fc.
aJ',I.otary PubJi<; in
for the State and
I county afDr!lhlid , do hereby ce rtify th at
!
6 / f...(,L ../
.
~ t..::....
, who affirmed before me 'iflat sh e/he has proper
. authority to execute the foregoing APPt~ment of Substitute T rustees bearing date of
f 3 , 20
and hereto annexed , personally appeared
I before me in the jurisdiction aforesaid, and , being duly sworn and personally we ll
known to me or reasonably proven to be the persons who executed the said
I A ppointment of Substitute Trustees, acknowledged the same to be her/his willful act
I and deed and that of the said party of the first part, and that she/he has th e lawful
Ii authority so to act on behalf of the corporation ,
,
ecrtl1
q
50 () ('
'I
I Given under my hand and seal thi .!i.dayof
----/~IA_
J
Notary Public
My Commission Expires:
7 ---I J -/ 7
AFTER RECORDING. PLEASE RETURN TO:
Commonwealth Trustees, LLC
clo Rosenberg & Associates, LLC
, 8601 Westwood Center Drive, Suite 255
Vienna, VA 22182
I:,
!
"
,
I
Co.l4WO~""'EALTH
TRunu.s,
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6601 WQTW'1lJ1l
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C(!'IT'ER DRNE.
Sl r m:~:;
VIE.NSA. \ 'IRG\SIII :tlIIA:l
(]OJ) 752-85U(l
FlL.E!I."U)!!ER; 48:1/)7
P"';''''~.''''''
Mo)''el', Donald B.
P""",,,,'A6oJn,oo;
22460 Homer.cad lalle
3
25
McCabe Weisberg & Conway, PC
PO Box 907 1
PRESORT
Temecula, CA 92589·907 1
First·Class Mail
"" I""" "" "
U.S. Postage and
Fees Paid
WSO
2285874073
RECEIVED JUN 3 0 2014
20140626·84
1,1111 " '1111,,11111,1111111111'11,1111111'1111111111111""'1,11
Michael W . Johnson
P.O. Box 400
Courtland, VA 23837
26
VASALEJUD
229597407 3
LAW OF FI CES
McCABE, WEISBERG & CONWAY, LLC
SU ITE 1400
123 SOUTH BROAD STREET
f'lti LADELI' IIlA. f'A 19 109
(2]5)790· 101 0
FAX f2 IS,79Q.1274
SU lT E210
145 11UGUENOTSTREET
NEW ROOIELI. E. NY 101«)1
SUITE 201
2'(, IIAOooN ,\ VEN UE
SUITE 800
312 MA RSHALL AVENUE
LAU REL. MJ) 20707
(30 I ) 490- 11 96
FAX (30 1) 490- 1568
Also servic ing The DiSlricl of Columbia
WESTMONT. NJ 011101<:
(1I56)1I58·70RO
FAX 0156) 8511·7U20
SUlTE 20)
722 EAST MARKH STREET
LEESBURG, VA 20116
191 4)·6)6·~900
(57 1)449·9)50
FAX : (lISS) 1145·2585
FAX (914) 6)6·11901
SUITE 130
DELAWARE CORPORATE CENTER I
ONE RIGtlTE R PARKWAY
WI LMINGTON, DE 19803
(302) 40')·3520
SUITE 2506
I II UNTINGTON QUADRANGLE
FAX KSS·42S·I'JXO
MELVILLE. NY 11747
((,)1)1r 12-401l4
FAX: (85S) 114S·25114
June 26, 2014
VIA CERTIFIED MAIL and
VIA FIRST-CLASS MAIL
Russell D. Cotton
34 148 South Quay Road
Franklin, Virginia 2385 1
Re:
Foreclosure Sale of Real Property owned by
Russell D. Cotto n
34148 South Quay Road, Franklin, Virg inia 2385 1
Dear Mortgagor,
Benefi c ial Financ ial I Inc. is the current holder of a Note in the original amount of
$ 111 ,4 19.1 4, secured by a certain deed of trust dated September 15, 2005 , executed by Russe ll
D. Cotton and recorded as Instrument No. 050004004 in the C ircuit Court of COUN TY O F
SOUTH AMPTON Virginia.
At the request of the Lender, you are hereby notifi ed as fo llows:
(a) that the Note is in de fault because o f fai lure to pay according to the terms;
(b) that the entire outstanding princ ipa l ba lance and all accrued interest under the Note have
been and hereby are declared immediately due and payabl e (acce lerated); and
(c) that the property described in the copy of the Noti ce of Trustees' Sa le enclosed with thi s
letter, wh ich secures the repayment of the Note, will be sold at publ ic aucti on in
accordance w ith the terms of the Noti ce.
Thi s noti ce is given on beha lf of the Substitute Trustee under the Deed of Trust. The
Substitute Trustee was appoi nted by an instrument, a copy of which is attached hereto. T he sale
w ill take pl ace on August 13, 2014 at 8:30 am, in fro nt of the entrance to the C ircuit Court for
COUNTY OF SOUTHAMPTON, Virg inia, located at 22 350 Ma in Street, Courtland , Virg ini a,
23837 .
[o~:t
~
20 12-2899 1
27
If you intend to pay off your loan you must contact the undersigned at 1-30 1-490- 11 96
to obtain the most current payoff fi gures. Any such payment must be made by a certified or
cashier's check or a wire transfer as stated above. Only the full amollnt due will be accepted.
Should the subject property be bought back by the foreclosing entity, the owner will be
Beneficial Financial I Inc. with an address of (c/o HSBC Consumer Lending Mortgage Services
636 Grand Regency Blvd Brandon, FL 335 I 0).
If the property is purchased by a third party purchaser, an additional notice shall be sent
only as required by applicable law.
If you have any questions with regard to this sale you may con tact the undersigned
directly.
Very tru ly yours,
McCabe, Weisberg & Conway, LLC
Enclosure
Pl ease note. it you have been involved in a Bankruptcy proceeding. thi s Notice is being sent to you pursuant to applicable law.
Should you ha ve any questi ons concerning whether you ha ve ongoing obligations inci dent to thi s loan, the same should be
addressed to your bankruptcy 3ttomcy.
cc:
Michael W. Johnson
P.O. Box 400
Courtland, Virginia 23837
2012-28991
28
To be published in the Tide Wafers News on Jul y 9, 2014 and July 16,2014,
TRUSTEE'S SALE OF
34148 SOUTH QUAY ROAD, FRANKLIN, VIRGINIA 23851
COUNTY OF SOUTHAMPTON, as erroneously omitted from the foreclosing deed of
trust.
In execution ofa certain deed of trust dated 09/ 15/05, in the origina l principal amoun t of
111 ,419.14 recorded in the County of Southampton, Virginia, as Instrument No. 050004004, as
amended by an instrument appointing the undersigned as Substitute Trustee, default having
occurred in the payment of the Note thereby secured and at the request of the holder, the
undersigned Substitute Trustee will offer for sale at public auction in the front of the bu ilding
housing the Ci rcuit Court of the COUNTY OF SOUTHAMPTON, VA located at 22350 Main
Street, Courtland, Virginia, 23837 on August 13, 2014, at 8:30 am , the property described in
said deed of trust, located at the above address, with improvements thereon and more particularly
described as follow s: FRANKLIN MAGISTERIAL DISTRICT, CONTAINIG A TOTAL
AREA OF 0.966 ACRES, PLAT RECORDED IN SOUTHAMPTON COUNTY, IN DEED
BOOK 40 I, PAGE 6 16. TERMS OF SALE: Nei ther the Substitute Trustee nor the holder of the
note secured by the deed of trust wi ll deliver possession of the property to the successfu l bidder.
The purchaser at the sa le will be required to pay all closing costs. Real estate taxes, water/sewer
fees and other public charges will be prorated as of the date of sale. The risk of loss or damage to
the property passes to the purchaser immediately upon the conclusion of the Substitute Trustee' s
sa le. Terms: A bidder's deposit of ten percent ( I O%)of the sa le price or ten percent price (10%)
of the original principal balance of the subject deed of trust, wh ichever is lower, in the form of
cash or certified fund s payable to the Substitute Trustee must be present at the time of sa le. The
balance of the purchase price will be due within 15 days at the office of the Substitute Trustee.
Time is of the essence as to the closing date and the payment of the purchase price. Ifpayment of
the balance does not occur within fifteen days of the sa le date, the deposit will be forfeited.
Se ll er sha ll not be responsible for any costs incurred by the purchaser in connection with their
purchase or settlement, including, without limitation, state and local recording fee s, title
insurance or research, or any other costs of purchaser'S acqu isition. Trustee shall have no duty to
obtain possession for purchaser. All ri sks of casualty pass to successful bidder at conclusion of
bidding. The property and the improvements thereon will be so ld "AS IS" and with out
representation or warranties of any kind. The sa le is subject to all li ens, encumbrances,
cond itions, easements and restrictions, if any, superior to the mentioned deed of trust and lawfully
affecting the property. Sa le is subject to post-sale confirmation that the borrower did not file for
protection under the U.S. Bankruptcy Code prior to the sa le, as we ll as to post-sale confirmation
and audi t of the status of the loan wi th the loan servicer including, but not limited to,
determination of whether the borrower(s) 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 vo id, and the
Purchaser's sole remedy, in law or equity, shall be the return of the Purchaser's deposit wi thout
interest. Additional terms to be announced at the sa le. Pursuant to the Federal Fair Debt
Collection Practices Act, we adv ise you that this firm is a debt collector and any information
obtained wi ll be used for that purpose. The Substitute Trustee is Surety Trustees, LLC , 722 E.
Market Street, Suite 203, Leesburg, V A 20176. For information contact: Abby Moyn ihan,
McCabe, Wei sberg & Conway, attorney for Substitute Trustee at 30 1-490-336 1 or WWW. ITI WClaw.com.
2012-2899 1
29
Map & Parcel No. 106-2213
DEED OF APPOINTMENT OF SUBSTITUTE TRUSTEE
WHEREAS Russell D. Cotton did by Deed of Trust dated September 15, 2005 and recorded
among the Land Records of COUNTY OF SOU11lAMPTON, Virginia, as Instrument No .
050004004 grant and convey to Keith D Freeland, Trustee, certain real estate described in said
Deed of Trust, in trust to secure to Beneficial Mortgage Co. of Virginia the payment of a
Promissory Note of even date therewith; and
WHEREAS said Deed of Trust provides that the holder of the Note shall bave tbe power and
authority to appoint by an instrument duly executed, acknowledged and recorded among the
Land Records aforesaid, substitute trustees in the place and stead of the trustee(s), named therein;
and
WHEREAS Beneficial Financial I IDC. successor by merger to Beneficial Mortgage Co. of
Virginia is the bolder oftbe Note secured by said Deed of Trust;
NOW THEREFORE, by virtue of the power and authority contained in said Deed of Trust, the
undersigned holder of the indebtedness secured thereby does by these presents appoint SURETY
TRUSTEES, LLC, a Virginia Limited Liability Company, whose business address is 4021
University Drive, Suite 202, Fairfax, VA 22030, as Substitute Trustee, under said Deed of Trust,
in the place and stead of the trustee(s) named therein and also removes any Substitute Trustee or
Trustees who may have been previously appointed; and the said Substitute Trustee shall have all
the rights, powers and authority, and be charged with all the duties that were conferred or
charged upon the trustee(s) named in said Deed of Trust.
THIS IS TO CERTIFY that this document was prepared by the undersigned, who is an attorney
licensed to practice law in the Commonwealth of Virginia.
By: _ _ __ __ __ _ _ _ _ _ _ _ _ __
Name: _____________________________________
McCabe, Weisberg & Conway, LLC
312 Marshall Avenue, Suite 800
Laurel, MD 20707
(301) 490-3361
Bar Number. _ _ _ __ _ _
2012-2R991
30
IN WITNESS WHEREOF, the Noteholder has caused th is instrument to be signed by its duly
authorized officer on this
day of
,20 12,
0 e ±,
rl
(SEAL)
By:
"h CE. 'Vre .':"';' c\""<. ,"t\ Oyl\ : :U\\'S+ ''b..1-', ,-If.'
3:z-('~\ C:ES \) \ ~ ~~j (",\
STATE OF
'IlIjVlb\;2
COUNTY OFtvJ~~
On this
I,
day of
, to wit:
OC!h?hgr
appeared~c.-!.. Hv~
contained and acknowledge
, 2012, before me, the undersigned, personally
and executed the foregoing instrument for the purposes herein
e same to be the act and deed of the corporatIon named !herem,
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
Notary Public 'A.V'!
My Commission Expi
Please Record and Return to:
McCabe, Weisberg & Conway, LLC
312 Marshall Avenue, Suite 800
Laurel, MD20707
(301) 490-3361
2
201 2-2R99 I
31
McCabe Weisberg & Conway, PC
PO Box 907 1
PRESORT
Temecula, CA 92589-907 1
First-Class Mail
U.S . Postage and
Fees Paid
WSO
2285907852
RECEHVED JUN 1 :m ZQ1,.
20140627-84
'111111111111111,1111111'111,1111,11'111'1'1'111'1'111111 111 11'11
Michael VV . Johnson
P.O. Box 400
Courtland, VA 23837
32
VASALEJUD
2285907852
LAW OFFICES
McCABE, WEISBERG & CONWAY, LLC
SU ITE 1400
123 SOUl'" OROAI) STR EET
PI~ILAOE LI>I Il A. PA 19109
(21 51790· 10 10
FAX (2 15) 790- 1274
SUITE2 10
145 II UGUENOT STR EET
NEW ROCII EU. E. NY 101101
SU ITE 800
312 MARSHALL AVENUE
LA UREL. MD 20707
(301)490- 11 96
FAX (301) 490- 1568
Also servicing The Di strict o f Columbia
(9 14Hi36·8900
F,\ X (914 ) 636·8901
SUITE 201
216 111\ [)I)(}N AVENUE
w ESTMONT,NJ OlIlOll
t1lS6) 8511·7080
"-AX 11156) 8511-1020
SU ITE 20)
722 EAST M AKKET STREET
L EES OURG . VA 20176
(571)449·9)50
FAX: (IISS) )145·25115
SU ITE DO
SUITE 2S(I(,
DELAWAR E COKI'ORATE C ENTER I
ONE R1 GIlTER I'ARKWA Y
I HUNTINGTON QUADRANGLE
WILMINGTON, DE ]980)
(l02) 409·)520
FAX 855·425· 1980
(631)111240114
f AX : (lISS) 1I 45·2SlI4
MELVILLE. NY 11747
June 27, 2014
VIA CERTIFIED MAIL and
VIA FIRST-CLASS MAIL
Andrea J. Martel
32333 South Main Street
Boykins, Virginia 23827
Andrea J. Martel
25A East Grove Street
Middleboro, Massachusetts 02346
Brian P. Martel Jr
32333 South Main Street
Boykins, Virginia 23827
Brian P. Martel Jr
25A East Grove Street
Middleboro, Massac husetts 02346
Re:
Foreclosure Sale of Real Property owned by
Andrea J. Martel and Brian P. Martel Jr
32333 South Ma in Street, Boykins, Virginia 23827
Dear Mortgagors,
Lakeview Loan Servicing, LLC is the current holder of a Note in the original amount of
$2 14, 172.00, secured by a certain deed of trust dated May 9, 20 II , executed by Andrea J. Martel
and Brian P. Martel Jr and recorded as Instrument No. 1100011 62 in the Circuit Court of
COUNTY OF SOUTHAMPTON Virginia.
At the request of the Lender, you are hereby notified as follows :
(a) that the Note is in default because of failure to pay according to the terms ;
(b) that the entire outstanding princ ipal balance and all accrued interest under the Note have
been and hereby are declared immediately due and payable (accelerated); and
(c) that the property described in the copy of the Notice of Trustees' Sale encl osed with this
letter, which secures the repayment o f the Note, will be so ld at public aucti on in
accordance with the terms o f the Notice.
This notice is given on behalf of the Substitute Trustee under the Deed of Trust. The
14-704241
33
Substitute Trustee was appointed by an instrument, a copy of which is attached hereto. The sale
will take place on August 13 , 2014 at 8:30 am, in front of the entrance to the Circuit Court for
COUNTY OF SOUTHAMPTON, Virginia, located at 22350 Main Street, Courtland, Virginia,
23837 .
If you intend to payoff your loan you must contact the undersigned at 1-301-490-1 196
to obtain the most current payoff figures. Any such payment must be made by a certi fied or
cashier's check or a wire transfer as stated above . Only the full amount due will be accepted.
Should the subject property be bought back by the foreclosing entity, the owner will be
Lakeview Loan Servicing, LLC with an address of (c/o M&T Bank I Fountain Plaza Buffalo,
NY 14203).
I f the property is purchased by a third party purchaser, an additional notice shall be sent
only as required by applicable law.
I f you have any questions with regard to this sale you may contact the undersigned
directly.
Very truly yours,
McCabe, Weisberg & Conway, LLC
Enclosure
Please note , it you ha ve been invo lved in a Banknlplcy proceeding. thi s Notice is being sent to you pursuant to applicabl e law.
Should you have any questions concerning whether you have ongoing ob li gations incident to thi s loan. the same should be
addressed to yo ur bankruptcy attorney .
cc:
Secretary of Housing and Urban Development, Attention: C&L Service
Corporation/Morri s-Griffin Corporation
2488 East 8 1st Street, Suite 700
Tu lsa, Oklahoma 74137
Michael W. Johnson
P.O. Box 400
Courtland, Virginia 23837
14-704241
34
To be published in the Tide Water News on July 9, 2014 and July 16,2014
TRUSTEE'S SALE OF
32333 SOUTH MAIN STREET, BOYKINS, VIRGINIA 23827
COUNTY OF SOUTHAMPTON, SOLD SUBJECT TO THE RIGHT OF REDEMPTION,
IF ANY, OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
In execution of a certa in deed of trust dated 05/09111, in the original principal amount of
2 14, I 72.00 recorded in the County of Southampton, Virginia, as Instrument No . 1100011 62, as
amended by an instrument appointing the undersigned as Substitute Trustee, default having
occurred in the payment of the Note thereby secured and at the request of the holder, the
undersigned Substitute Trustee will offer for sale at public auction in the front of the building
housing the Circuit Court of the COUNTY OF SOUTHAMPTON, VA located at 22350 Main
Street, Courtl and, Virginia, 23837 on August 13, 2014, at 8:30 am , the property described in
sai d deed of trust, located at the above address, with improvements thereon and more particu larly
described as follows: INSTRUMENT NO 050005188, RECORDED IN SOUTHAMPTON
COUNTY, SUBJECT TO RIGHT OF WAY, RECORDED IN BOOK 68, PAG E 433.TERMS
OF SALE: Neither the Substitute Trustee nor the holder of the note secured by the deed of trust
will deli ver possession of the property to the success ful bidder. The purchaser at the sa le will be
required to pay all closing costs. Real estate taxes, water/sewer fee s and other public charges will
be prorated as of the date of sa le. The risk of loss or damage to the property passes to the
purchaser immediately upon the conclusion of the Substitute Trustee ' s sa le. Terms: A bidder' s
deposit of ten percent (I O%)of the sa le price or ten percent price (10%) of the original principal
balance of the subject deed of trust, whichever is lower, in the form of cash or certi fi ed fund s
payable to the Substitute Trustee must be present at the time of sa le. The balance of the purchase
price will be due within 15 days at the offic e of the Substitute Trustee. Time is of the essence as
to the closing date and the payment of the purchase price. If payment of the balance does not
occur within fifteen days of the sale date, the deposit will be forfei ted. Seller shall not be
responsibl e for any costs incurred by the purchaser in connection with their purchase or
settlement, including, without limitation, state and local recording fee s, title insurance or
research , or any other costs of purchaser's acquisition. Trustee shall have no duty to obtain
possession for purchaser. All ri sks of casualty pass to successful bidder at conclusion of bidding.
The property and the improvements thereon will be sold "AS IS" and without representation or
warranti es of any kind . The sale is subj ect to all li ens, encumbrances, conditions, easements and
restricti ons, if any, superior to the mentioned deed of trust and lawfully affecting the property.
Sale is subj ect to post-sale confirmation that the borrower did not fil e for protection under the
U.S. Bankruptcy Code prior to the sa le, as we ll as to post-sa le confirmation and audit of the
status of the loan wi th the loan servicer including, but not limited to, determination of whether
the borrower(s) 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 so le remedy, in law or
equity, shall be the return of the Purchaser' s deposit without interest. Additional terms to be
announced at the sa le. Pursuant to the Federal Fair Debt Collection Practices Act, we advi se you
that this firm is a debt collector and any informati on obtained will be used for that purpose. The
Substitute Trustee is Surety Trustees, LLC, 722 E. Market Street, Suite 203 , Leesburg, V A
20 176. For informat ion contact: Abby Moynihan, McCabe, Wei sberg & Conway , attorney for
Substitute Trustee at 301-490-336 1 or www. mwc-Iaw.com.
14-704241
35
Map & Parcel No. 112A 5 BKI-II
DEED OF APPOINTMENT OF SUBSTITUTE TRUSTEE
WHEREAS Andrea J. Martel and Brian P. Martel Jr did by Deed of Trust dated May 9, 2011
and recorded among the Land Records of COUNTY OF SOUTHAMPTON, Virginia, as
Instrument No. 110001162 grant and convey to Donald E. Lee, Jr. , Trustee, certain real estate
described in said Deed of Trust, in trust to secure to Mortgage Electronic Registration Systems,
Inc. as Nominee for New American Mortgage, LLC the payment of a Promissory Note of even
date therewith ; and
WHEREAS said Deed of Trust provides that the holder of the Note shall have the power and
authority to appoint by an instrument duly executed, acknowledged and recorded among the
Land Records aforesaid, substitute trustees in the place and stead of the trustee(s), named therein ;
and
WHEREAS Lakeview Loan Servicing, LLC is the holder of the Note secured by said Deed of
Trust;
NOW THEREFORE, by virtue of the power and authority contained in said Deed of Trust, the
undersigned holder of the indebtedness secured thereby does by these presents appoint SURETY
TRUSTEES, LLC, a Virginia Limited Liability Company, whose business address is 722 E
Market Street, Suite 203 Leesburg, Virginia 20176, as Substitute Trustee, under said Deed of
Trust, in the place and stead of the trustee(s) named therein and also removes any Substitute
Trustee or Trustees who may have been previously appointed; and the said Substitute Trustee
shall have all the rights, powers and authority, and be charged with all the duties that were
conferred or charged upon the trustee(s) named in said Deed of Trust.
14-704241
~.
.
"
,
.0::
:
36
•
REF:14-704241
IN WITNESS WHEREOF, tpe NOleholder bas caused this instrument to be signed by its duly
aUlhorized officer on this ~ day of ~v/I,...L../
,2014 .
~:k".W;;r!~~L_C____
(SEAL)
Thomas Fisher / Vice Preside nt
STATE OF NEW YORK
COUNTY OF ERIE
, 10 wit:
On this fa'll> day of
~e.
, 2014 , before me, the undersigned, personally
appeared 7l;omo:; 6'sh
and executed the foregoing instrument for the purposes herein
contained and acknowledged the same to be the act and deed of the entity named therein.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
/V)~
rn
IY1
II .J-.
I
..LLd-!ASJI. ~. l.!.JI ~ d
Notary Public M (0 Ie /'1. J0c.Tid7Jsh
Nicole M Mcintosh
01 MC6256195
Notary Public. Stale 01 New York
Qualified in Erie County
.
My commission expires FEBRUARY21sl, 20ik1
My Commission Expires: 2/21/20110
THIS IS TO CERTIFY that this document was prepared by the undersigned, who is an attorney
onwealth ofYirginia.
licensed to practice law in the Co
Name: Abby K. Moynihan, Esq.
McCabe, Weisberg & Conway, LLC
722 E Market Street
Suite 203
Leesburg, YA 20176
(30 I) 490-3361
Bar Number. 79686
Please Record and Return to:
McCabe, Weisberg & Conway, LLC
722 E Market Street
Suite 203
Leesburg, V A 20176
(301) 490-3361
14-704241
2
37
,
•
I",ECEIVEO
JVI,
2 4 201ttl
RECEIVED JUN 2 4 2014
SAMUEL I. WHITE, P.e.
ATTOR N EYS A N O CO UN S ELORS AT LAW
Virginia, M aryland, W est Virginia, and W ashington, D.C.
5 0 40 Corpor ate W oo d s D ri v e , S u i te 12 0
VIRGI N IA BEACH , VI RGINI A 23 46 2
(75 7) 49 0 -92 8 4 FA X (7 57 ) 497- 28 0 2
June 23, 20 14
THIS NOTICE IS BEIN G PROV IDED
P U R SUlJ~T
TO VIRGINIA CODE 15.2-979
Chief Administration Officer
P.O. Box 400
Courtland. VA 23837
Re:
Trustee ' s sale of May 6, 2014
Dear Sir/Madam:
Sam uel!. \"'hite, P.e. acted as trustee/substitute trustee in conducting a sale on the below
referenced property. Pursuant to Vi rgin ia Code 15.2-979 please fi nd the encl osed pieces of
information:
1. Street address of th e Residential Property: 14223 Tucker Swamp Road, Zuni, VA 23898
2. Properry owners: George R. Hurd le
3. Name and contact information of the person filing the notice: Sam uell. \Vhite, P.e.,
5040 Corporate Woods Drive, Suite 120. Virginia Beach, V A 23462; Phone: 757-4909284
4. Name and address of all owners holding the property as a result of the sale: Branch
Banking and Trust Company, P.O. Box 2027, Greenville, SC 29602.
Should you require additional informati on please contact our office at the address listed above.
S.t\MUEL 1. WHITE, P.C.
38
ATLANTIC TRUSTEE SERVICES, L.L.C.
580 East Main Street, Suite 600
Norfolk, Virginia 23510
Telephone: (757) 321-6454
Fax: (757) 625-5959
'RECE/VED JUN Z 3 2014
June 20 , 2014
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Michael W. Johnson, County Administrator
P.O. Box-400
Courtland, VA 23837
RE:
Prior Owner: Catherine B. Pittman and Thomas K. Pittman
Property Address: 22246 Scottswood Drive, Franklin, Virginia 23851
Our File No.: 108100
Dear Mr. Johnson:
This is to advise in accordance with Section 15.2-979, of the Code of Virginia,
that a foreclosure sale of the referenced property was conducted on May 07, 2014.The grantee
named in the Trustee's Deed is Christopher N. Howell, whose mailing address is 32685 Barnes
Church Circle, Newsoms, Virginia 23824.
This notification is provided on behalf of Atlantic Trustee Services, LLC, Substitute
Trustee. Please do not hesitate to call should you have any questions.
Very truly yours,
Atlantic Trustee Services, LLC.
President
39
! ';: . , .
RECEIVED JUL 2 1 2014
COMMONWEALTH of VIRGINIA
Marissa J. Levine, Mo, MPH, FAAFP
State Health Commissioner
John J. Aulbach II , PE
Director, Office of Drinking Water
DEPARTMENT OF HEALTH
OFFICE OF DRINKING WATER
Southeast Virginia Field Office
JUL 1 7 2014
830 Southampton Avenue
Suite 2058
Norfolk, VA23510
Phone (757) 683-2000
Fax (757) 683-2007
NOTICE OF VIOLATION
SUBJECT:
Water
SOUTHAMPTON COUNTY
Kingsdale-Moseley Waterworks
PWSID No. 3175461
Ms. Shanda Harper
Kingsdale-Moseley Waterworks
4240 Portsmouth Boulevard # 177
Chesapeake, VA 23321
Re: Failure to Distribute Consumer Confidence Report
Dear Ms. Harper:
This is to advise you that the Kingsdale-Moseley waterworks may be in violation of federal and state drinking water
regulations known as the Consumer Confidence Report (CCR) Rule. According to our records we have not received
a copy of your 2013 Consumer Confidence Report (CCR), and we do not know if you distributed it to your
customers. The rule requires owners of community waterworks to distribute the CCR to customers by July 1,2014.
If you have already prepared the CCR and delivered it to your customers, please send us a copy. If you have not
prepared the CCR or delivered it, please do so at once. You may be able to avoid further enforcement action if
you immediately deliver the required CCR to your customers and send us a copy. We ask that you do this as
soon as possible.
The CCR Rule also requires that a certification statement be signed and submitted to the state by October 1,2014.
We have not received a Certification Statement from you. We would request that you submit the certification form
along with the copy of your CCR. A certification form is enclosed for your use.
Please let us know if we can assist you in any way.
Sincerely,
~L~
Renee S. Hall
District Engineer
TDIRSHlbjm
Enclosure: Certification Form
Na'}l'Y Welch, M.D., Acting Director, Southampton County Health Department
pc:
~ Michael W. Johnson, County Administrator, Southampton County
V.D.H. - Office of Drinking Water
R:\D ISnOB\Southampton County\Kingsdale Mosley\NOVs\20 12 08 Kingsdale Moseley CCR NOV.docx
V
'f. DHVIRGINIA
IJ
DEPARTMENT
OF HEALTH
Protecting You and Your Environment
WWW.VDH.VIRGINIA.GOV
40
COMMONWEALTH of VIRGINJIA
Mari ssa J. Levine. MD, MPI I, FAJ\FP
Stale Il calth Co mmissillner
Juhn J. Au lhach II . PE
Director. O lli cc of Drink ing Water
830 Southampton Avenue
DEPAR TMENT OF H EALTfI
OFFICE OF DRINKING WATER
Southeast Virginia Field Office
Suite 2058
Norfolk, VA235 10
Phone (757) 683 -2000
Fa x (757) 683-2007
JUN 2 7 2014
NOTICE OF VIOLATION
SUBJECT:
Water
SOUTHAMPTON COUNTY
Southampton High School
PWSID No. 3 175740
Mr. Ricky Blunt
Director of Auxiliary Services
Southampton County Public Schools
P. O. Box 96
Courtla nd, Virginia 23837
Re: Exceeding the Primary Maximum Contaminant Level for Total Coliform Bacteria
Dear Mr. Blunt:
This notice is to advise that you may be in violation of § 12 VAC 5-590-380 of the Waterworks Regulations for
exceeding the Primary Maximum Contaminant Level (PMCL) for total coliform bacteria. Our records indicate that
water samples collected and anal yzed during the month of May 2014 exceeded the PMCL for total coliform
bacteria. Of nine samples collected during May 2014, three indicated the presence of total coliform bacteria. As
stated in § 12 V AC 5-590-380 of the Waterworks Regulations, the PMCL for total coliform bacteria is the presence
oftotal coliform bacteria in no more than one sample per month.
Required Actions
Public Notice: According to § 12 VAC 5-590-540 of the Waterworks Regulations this is a Tier 2 situation. You are
required to notify consumers that the total coliform PMCL is exceeded, as follows:
•
You must provide a notice to consumers within 30 days of receipt of this notice.
•
Your notice to consumers must be posted in conspicuous locations throughout the area served by your
waterworks, or mailed or directly delivered to the persons served by your waterworks.
•
If your waterworks serves consumers who would not be reached by your posted, mailed, or hand-delivered
notice, you must also use other distribution methods to provide notice to these consumers as well. For example,
such persons may include those who may not see a posted notice because it is not in a location they routinely
pass by. Examples of other methods include (but are not limited to) publication ofa notice through a company
newsletter, or by E-mail to staff or students.
•
Posted notices must be posted for a minimum of seven days even if the violation has been resolved, and must
remain in place as long as the violation persists.
•
You must repeat distribution of the notice every three months, for as long as the violation persists.
/V"'
DHYtRGINtA
DEPARTMENT
OF HEALTH
Protecting You and Your Environment
(J
WWW_VDH.VIRGINIA_GOV
41
Mr. Ricky Blunt
[JUN 2 7 2014
Page 2
SUBJECT:
Water
SOUTHAMPTON COUNTY
Southampton High School
PWSID No. 3175740
Draft Notice: Attached is a draft notice for you to distribute to consumers. You may use this notice as is, or modify
it to better meet your situation, as long as the information is accurate and the notice contains all of the required
elements and mandated language. If you decide to change the notice, we suggest that you contact this Office to
verify that your proposed changes meet the requirements of the Waterworks Regulations.
Public Notice Confirmation: Within ten (10) days of completing public notification you must provide this Office
with a copy of the notice you distribute, along with signed certification of the distribution completion date and
methods used. Failure to distribute public notice and report to the Virginia Department of Health may be a further
violation of the Waterworks Regulations. A public notice completion report is enclosed for your use.
Follow-up Actions: The distribution system should be flushed and chlorinated. All taps must be opened to ensure
that the entire distribution system, including any dead ends are flushed and chlorinated. In addition a total of five
routine samples must be collected during June 2014. If the June sample results are satisfactory, the waterworks may
resume collecting two samples per month during July 2014.
If you should have any questions, please do not hesitate to contact me at ext. 113 .
Sincerely,
~J~
Renee S. Hall
District Engineer
RSHlbjm
Enclosures: Public Notice
Public Notice completion report
pc:
Dr. Nancy Welch, Acting Director, Southampton County Health Department
.,-Mr:·Michael Johnson, County Administrator, Southampton County
V.D.H. - Office of Drinking Water
\\OdwsevfoldislrictlDlST20BlSouthampton CountylSH High SchoollSAMPLINGRESULTSINOV'slPMCL NOV June 2014.docx
42
eft
RECEIVED JUL 0 7 1014
COMMONWEALTH of VIRGINIA
Marissa J. Levine. MD, MPH , FAAFP
Stale Health Commissio ner
John J. Aulbach II, PE
Director, Office of Drinking Water
DEPARTMENT OF HEALTH
OFFlCE OF DRlNKING WATER
Southeast Virginia Field Office
830 Southampton Avenue
~lIil e
20SR
Norfolk, VA23510
Phone (757) 683-2000
Fax (757) 683-2007
JUN 2 7 2014
SUBJECT
Water
SOUTHAMPTON COUNTY
- Boykins-Branchville
PWSlD No. 3175100
Mr. Julien Johnson, Director
Southampton County Dept. of Public Utilities
24283 Old Bridge Road
Courtland, VA 23837
Dear Mr. Johnson:
The revised Bacteriological Sample Siting ReportlTriggered Source Water Monitoring Plan for the
subject waterworks, received on June 10, 2014, has been reviewed by this Department. The original plan
was approved on April 5, 2010. The plan has been revised because one of the original sites (17287
Pittman Road) is no longer accessible. This letter is to advise that following our review the revised site
located at 17219 Pittman Road meets the requirements of the Waterworks Regulations and is therefore
approved. A copy of the revised plan stamped "approved" is enclosed.
The enclosed Report refers to the use of SITE lD NUMBERS to identify approved sampling locations.
Please use the Site lD number, or code number, on the bacteriological form submitted with each sample.
Identify repeat sample locations by changing the last digit in the number to a U for samples collected
upstream of the original sample location, a D for samples collected downstream of the original sample
location and an R for the repeat sample at the original sample location. For example:
Original sample
Repeat sample at same site
Sample collected upstream
Sample collected downstream
Repeat sample collected elsewhere
code number = 010
code number = 0 I R
code number = OIU
code number = 0 I D
code number = 0 I E
Using these code numbers will help you (and us) keep track of the required bacteriological samples in
accordance with the regulations.
V,'"
U DHVIRGINIA
DEPARTMENT
OF HEALTH
Prateding You and Your Environment
WWW.VDH.VIRGINIA.GOV
43
Mr. Julien Johnson
'JUN 2 7 2014
Page 2
SUBJECT
Water
SOUTHANWTONCOUNTY
Boykins-Branchville
PWSID No. 3175100
If we may be of any assistance to you in implementing the Bacteriological Sample Siting Report and
Triggered Source Water Monitoring Plan, please contact Ms. Renee Hall, District Engineer, extension
113.
Sincerely,
Original signed by Daniel B. Home
Daniel B. Home, PE
Engineering Field Director
RSHlDBHfbjm
EnclOSljry/
'"Mr. Michael W. Johnson, County Administrator, Southampton County
pc:
Dr. Nancy Welch, Acting Director, Southampton County Health Department
V.D.H. - Office of Drinking Water
R:IDISTIOBlSouthamplon CounlylBoykins·BranchvillelSAMPLINGPLANSlRevised BSSR-TSWMP AL 6-20 I4.docx
44
COMMONWEALTH of VIRGINIA
M ari ssa J. Lev ine, MD, MPH. FAA FP
State Health Commi ssioner
John J. Aulbach 11, PE
Director, Office of Drinking Water
DEPARTMENT OF HEALTH
OFFICE OF DRINKING WATER
Southeast Virginia Field Office
.JUN 2 6 2014
SOUTHAMPTON COUNTY
SUBJECT:
Water
Darden's Mill Estates
PWSID No. 3175282T
830 Southampton Avenue
Suite 2058
Norfolk, VA 23 51 0
Phone (75 7) 68 3-2000
Fax (75 7) 683-2007
Mr. Davis C. Magette, 1Il
620 Carrington Drive
Weston, FL 33326
Dear Mr. Magette:
Enclosed please find Temporary Waterworks Operation Permit No. 3 I 75282T, issued by the
Commonwealth of Virginia, Department of Health, Office of Drinking Water with an effective date of
June 17,2014 that will expire on June 17,2015 or at any time upon written notice of termination from
the State Health Commissioner. This permit is your authorization from the State Health Commissioner to
operate the subject waterworks located in Southampton County in accordance with the Waterworks
Regulations. The permit contains conditions with which you must comply or risk formal enforcement
action for noncompliance. These conditions represent actions that are necessary and required in order to
protect public health. This permit is not transferable. This permit does not suspend, minimize, or
otherwise alter this owner' s obligation to comply with applicable federal, state, or local laws and
regulations or permits.
You will note that the permit indicates that this waterworks has a design capacity of 35,200 gallons per
day.
We look forward to your cooperation in the maintenance and operation of this public waterworks. If you
have any questions concerning the permit, please do not hesitate to contact me at the number noted above.
Sincerely,
~)JJ-f
Renee Hall
District Engineer
RSHlbjm
Enclosure
pc:
Nancy Welch, MD, Acting Director, Southampton County Health Department
~ichael W. Johnson, County Administrator, Southampton County
Mr. Henry Ghittino, DEQ - Tidewater Regional Office
V.D.H. - Office of Drinking Water
R:\DlST20S\Southampton County\Dardens Mill Estates\OPPERM&DESC\Davis Magette Temp Permit\Transmittal Letter 2013 .doc)(
,V/'
'I
DHVIRGINIA
DEPARTMENT
OF HEALTH
Protecting You a nd Your Environment
WWW.VDH.VIRGINIA.GOV
45
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