foreclosure sale of valuable real estate at public auction sale on
Transcription
foreclosure sale of valuable real estate at public auction sale on
FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION 6 LOTS IN SYCAMORE LANDING, FLUVANNA COUNTY, VIRGINIA SYCAMORE SYCAMORE SYCAMORE SYCAMORE SYCAMORE ann'oc'v/ 71 (T.M. NO. 72 (T.M. NO. 73 (T.M. NO. 74 (T.M. NO. 75 (T.M. NO. 10-23-71): 0.425+ acres 10-23-72): 0.523+ acres 10-23-73): 0.594+ acres 10-23-74): 0.576+ acres 10-23-75): 0.566+ acres fiJ.r simma sunomsioif m' lup w, SKi'imi A, mcsi, 4".vr>' RURAL nmm m aa SYCAMOm LANDING ' CLUSTERDEVIiLQPMENV vmucr, Fcvmim mimn. viiwiim mr,:io-m-smT. PATE: MV: mm, noon OCTOBSn 10, mS iKV: JAmm 10, em nnv: mmm Em;mmm & mo smiir ™«r om fri .wiiiAiir lo, mn SURVSYIHS PLC « , jjj ,„,„ SALE ON THURSDAY, JANUARY 24, 2013 AT 11:00 A.M. SALE AT THE FLUVANNA COUNTY CIRCUIT COURTHOUSE LOCATED AT 72 MAIN STIEET, PALMYRA. VIRGINIA 100 10"" street, NE Suite 300 Charlottesville, Virginia 22902 • LENHART OBENSHAIN Phone: (434) 220-6100 Facsimile: (434) 220-6102 www.lolawfirm.com N A N C Y R. SCHLICHTING Direct: (434) 220-6108 nrs@lolawfirm.com Atiorney at Law December 13, 2012 Dear Sir/Madam: I enclose a copy of the sale ad regarding propeity for which we will be conducting a foreclosure sale at public auction on THURSDAY, Januaiy 24, 2013, at 11:00 a.m., on the front steps of the Fluvanna Countv Circuit Courthouse located at 72 Main Street. Palmyra . If you or your clients are interested in viewing the property, please call us for an appointment. I do not know what the foreclosure sale price for this propeity will be, since it will be a sale at public auction. The 2012 Fluvanna County tax assessed values for each lot are as follows: SYCAMORE SYCAMORE SYCAMORE SYCAMORE SYCAMORE 71 (T.M. 72 (T.M. 73 (T.M. 74 (T.M. 75 (T.M. NO. NO. NO. NO. NO. 10-23-71): 10-23-72): 10-23-73): 10-23-74): 10-23-75): $35,000 $35,000 $35,000 $35,000 $35,000 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 effoit 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 notify me in writing of the name of "your buyer" by 9:00 a.m. on Thursday. January 24. 2013. 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). Please visit the "Foreclosure" link at our website (www.lenhartobenshain.com or http://lenhaitobenshain.weebly.com) for further details regarding this sale and other sales that are being handled by this firm. Veiy truly yours. Nancy R. Schlichting NRS: Img Enclosure Charlottesville • Harrisonburg TABLE OF CONTENTS L 2. Realtor Representation Form 3. Sale Ad: Terms of Sale 4 . Source Deed 5. Current Deed ofTrust 6. Sample Foreclosure Auction Contract Nancy R. Schlichtiimg Lenhart Obenshain PC 100 10*^ Street, N.E. Suite 300 Charlottesville, VA 22902 Telephone: (434) 220-6108 Fax: (434)220-6102 nrs@lolawfirm.com SCALE; I'-100' m' RURAL ' n/.T simiiw sunomsioii m mp w, ssmw A P A K C B I , SB SYCmORE CLUSTER Pismm mnm\ SCUR 1'., im' mwm,\ LANDING • DEVELOPMENT cmm; Slisjrr s wmm in BEV: ssmimsR 9, ms MBV: OCTOBSn 10. ZOOS JiBV: muABr 10, wos m': .wiimv to, m s mmm .mmmimp & sumrim pi.c im .mm mi:r iw.ui WAIiJnv.-mrirr vt iinu {I'} 'lai.oHfSf? REALTOR REPRESENTATION FORM Must be received by Trustee by 9:00 a.m. on Thursday, January 24.2013. REMITTO: Nancy R. Schlichting, Substitute Trustee FAX: (434) 220-6102 Email: nrs(S)lolawfirm.com DATE/TIME O F A U C T I O N : January 24, 2013,11:00 A . M . P R O P E R T Y DESCRIPTIONS: Tax Map No. 10-23-71; Tax Map No. 10-23-72; Tax Map No. 10-23-73; Tax Map No. 10-23-74; Tax Map No. 10-23-75 P R O S P E C T I V E B U Y E R NAME: PROSPECTIVE BUYER ADDRESS: PROSPECTIVE BUYER PHONE N O : 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 9:00 a.m. on Thursday, January 24, 2013. ACCEPTED: Date Realtor Signature Realtor Name (Printed) Realtor License No. Realtor Phone No. Realtor Email Prospective Buyer Signature R E C E I V E D BY SUBSTITUTE T R U S T E E : Date FORECLOSURE SALE OF V A L U A B L E R E A L ESTATE AT P U B L I C A U C T I O N 10, mT m smniUK IW w, summioii sm-ioiiA, SYCAMORE RURAL CLUSTER nwjYiammicT, m ^^io^soJUn mmm poii m c a co LANDING ' DEVELOPMENT m m mmm, riiwifm B m : S ^ O ^ l l ^ m': m-mmR a, m s •RBV: O G T O B E R 10. mv: jAiimiY nitv: .uinmir 10, mo m, M O S XOOS ENcimnme & simmim PLC r/niitm-rtmtcF vi 7>Hf/ Fluvanna County Tax Map Nos.: 10-23-71,10-23-72,10-23-73,10-23-74 AND 10-23-75 S A L E O N T H U R S D A Y , J A N U A R Y 24, 2013 A T 11:00 A.M. S A L E A T T H E F L U V A N N A C O U N T Y CIRCUIT C O U R T H O U S E L O C A T E D A T 72 M A I N S T R E E T , P A L M Y R A , VIRGINIA In execution o f a Credit Line Deed o f Trust made by Hauser Homes, L L C t71<;/a Hauser Homes, Inc. (tlie "Borrower"), dated July 28, 2004, which Deed o f Trust was recorded i n the Clerk's O f f i c e o f the Circuit Court o f Albemarle County, Virginia, in Deed Book 2807, Page 478, as amended by a Modification Agreement dated September 13, 2006, which was recorded on September 27, 2006, in the aforesaid Clerk's Office in Deed Book 3296, Page 161, encumbering certain real estate and improvements described therein. The Credit Line Deed o f Trust was further modified by Supplemental Deed o f Trust dated September 25, 2006, and recorded on September 28, 2006, in the Clerk's Office o f the Circuh Court o f Fluvanna County, Virginia, in Deed Book 701, Page 538 (the Credit Line Deed o f T r u s t as amended and supplemented, the 'Deed o f T r u s f ) , whereby the Borrower conveyed and encumbered additional real estate and all improvements thereon (Lots 71, 72, 73, 74, and 75 in Sycamore Landings), and the holder o f a Promissory Note, as amended, secured by said Deed of Trust having substhuted the undersigned as Trustee by instrument o f record i n the aforesaid Clerk's Office, the undersigned Acting Substitute Trustee w i l l offer for sale at public auction: S Y C A M O R E 71 A l l that certain lot or parcel o f land, with improvements thereon and appurtenances thereto, situated in Fluvamia County, Virginia, containing 0.425 acre, more or less, shown as Lot 71, of Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's O f f i c e of the Circuit Court of the County o f Fluvanna, Virginia, in Plat Book 2, pages 204-213. T A X M A P N o . 10-23-71 S Y C A M O R E 72 A l l that certain lot or parcel o f land, with improvements thereon and appurtenances thereto, situated in Fluvanna County, Virginia, containing 0.523 acre, more or less, shown as Lot 72, of Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's O f f i c e o f the Circuit Court of the County o f Fluvanna, Virginia, i n Plat Book 2, pages 204-213. T A X M A P N O . 10-23-72 S Y C A M O R E 73 A l l that certain lot or parcel of land, with improvements thereon and appurtenances thereto, situated in Fluvanna County, Virginia, containing 0.594 acre, more or less, shown as Lot 73, of Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's O f f i c e o f the Circuit Court o f t h e County o f Fluvanna, Virginia, in Plat Book 2, pages 204-213. T A X M A P N o . 10-23-73 S Y C A M O R E 74 A l l that certain lot or parcel o f land, with improvements thereon and appurtenances thereto, situated in Fluvanna County, Virginia, containing 0.576 acre, more or less, shown as Lot 74, o f Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's O f f i c e o f the Circuit Court of the County o f Fluvanna, Virginia, i n Plat Book 2, pages 204-213. T A X M A P N o . 10-23-74 S Y C A M O R E 75 A l l that certain lot or parcel of land, with improvements thereon and appurtenances thereto, situated i n Fluvanna County, Virginia, containing 0.566 acre, more or less, shown as Lot 75S, of Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's O f f i c e o f the Circuit Court o f t h e County o f Fluvanna, Virginia, in Plat Book 2, pages 204-213. T A X M A P N o . 10-23-75 (the "Property"). The Property wiU be offered for sale on the front steps o f the Fluvanna County Circuit Court located at 72 IVIain Street, Palmyra, Virginia. T H U R S D A Y , J A N U A R Y 24, 2013 A T 11:00 A . M . T E R M S O F S A L E : Cash. A Bidder's deposh of $5,000 by cash or cashier's check F O R E A C H L O T made payable to the Bidder (to be assigned to Trustee i f Bidder is successful) O N D A Y O F A N D A T T I M E O F S A L E , with the balance upon delivery o f deed within 30 days of sale. Settlement shall be held within 30 days after the date of sale unless otherwise postponed at the sole discretion o f the Trustees. This sale is subject to any covenants, condhions, restrictions, rights o f way, and easements, i f any, contained in the deeds forming the chain o f title to the Property. This Property is sold "AS IS, W H E R E IS," with absolutely no warranties. T I M E S H A L L B E OF T H E E S S E N C E WITH R E S P E C T T O S E T T L E M E N T . The deposit shall be applied to the credit o f successful bidder at settlement; or, in the event o f failure to complete settlement within the time set forth after the date o f sale, in accordance with the terms o f sale, the deposh shall be forfehed 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 o f loss or damage to the Property shall be borne by successful bidder from the time o f auctioneer's strikedown at the sale. Purchaser shall pay all settlement fees, title examination charges, thle insurance premiums, and recording costs. Current real estate property taxes w i l l be prorated at closing as o f date o f sale. T H E T R U S T E E R E S E R V E S T H E R I G H T : (i) to waive the deposit requirements; (ii) to extend the period of time within which the Purchaser is to make f u l l 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 o f time; (v) to reject all bids; and (vi) to postpone or continue this sale from time to time, such notices o f 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. F O R I N F O R M A T I O N S E E : vvww.lolawfirm.coin (Click on "Foreclosures") Nancy R. Schlichting K e l l y B . LaPar Acting Substitute Trustees Lenhart Obenshain P . C . 100 10'" Street N . E . , Suite 300 Charlottesville, V A 22902 (434) 220-6108 (Schlichting) NRS@lolawfirm.com 701 0701' •0535 Prepared By: Richmond and Fislibunie, L.L.P. 'JO ' ! CO 4 S I D , OOO. O O 535 A portion of TMP lO-A-58 THIS D E E D is made this 8th day of September, 2006, by and between O A K T R E E L A N D C O I M P A N Y , L . L . C , a Virgin.ia limited liability company, Grantor, and H A U S E R H O M E S , INC., a Virginia corporation. Grantee, wtiose address is 1885 Seminole Trail, Charlottesville, Virginia 22901. WITNESSETH: That for and in consideration ofthe sum of £10.00, cash in hand paid, and otiier good and valuable consideration, the receipt of which is hereby acknowledged, said Grantor does hereby G R A N T , B A R G A I N , S E L L and C O N V E Y with G E N E R A L W A R R A N T Y and E N G L I S H COVENANTS OF TITLE unto Hauser Homes, Inc., a Virginia coiporation, the real estate described as: SEE S C H E D U L E A A T T A C H E D This conveyance is made expressly subject to fhe easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting oonsli'uctive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective, Q7ot 0536 ll' 0 X 53b WITNESS the following signature and seal. O A K TREE L A N D C O M P A N Y , L.L.C, BY: / r i ^ / / f y - \ / { / ^ (SEAL) S T A T E OF VIRGINIA, At Large CITY OF C H A R L O T T E S V I L L E , to-wit: The foregoing instiimient was aclcnowledged before me this ol-H^'Tfay of September, 2006 by Baird Snyder V, Manager of Oak Tree Land Company, L.L.C, My commission expires: "\ 0*^ ^ N O T A R Y PUBLIC Printed name: -2- -^^-'^.tf W -"^ ^ 701 0701 •0537 53? SCHEDULE A - PROPERTY DESCRIPTION A l l those certain lots or parcels of land with improvements thereon and appurtenances thereto belonging, situated in the County of Fluvanna, Virginia, shown as Lot 71 containing 0.425 acre, more or less. Lot 72 containing 0.532 acre, more or less, Lot 73 containing 0.594 acre, more or less. Lot 74 containing 0.576 acre, more or less, and Lot 75 containing 0.566 acre, more or less, of Sycamore LandingRural ClusterDevelopment on a platby Rivanna Engineering & Sur\'eying, PLC, dated April 26,2005, last revised January 18,2006, and recorded in the Clerk's Office ofthe Circuit Court of Fluvanna County, Virginia, in Plat Book 2, pages 204-213. The property conveyed herein is a portion of the same property conveyed to the Grantor by deed from Cynlhia B. Aycock, Ave Maria Griffin and Dexter Lee Blair, dated September 20, 2004, recorded October 8, 2004, and recorded in said Clerk's Office in Deed Book 602, page 668. R:\RBSnydcr, BairdNSycamore Landing-Salos\O5O679.0O5 Hauser 71,72,73,7"),75\DeEd.v/pd VIRGINIA: CLERK'S OFFICE OF T H E CIRCUIT COURT OF FLUVANNA COUNTY SI. R. Tax n o s . OQ Co. R. T a x ^ ^ D . 3 3 I, CO Transfer Clerk (X) Total'; The foregoing instni™nt with acknowledgment was . admitted to record on iMl^-SSj. , 0(D 20 at . J S l i ^ L ^ M , In D.B . : f 0 1 _ _ P a g e ( s ^ S z 5 ^ . Recording costs paid as shov/n _, Deputy Cierk Teste: Bouson E/ Peterson, Jr., Clerk 32^ -3- 701 0701 0538 CO - ! 538 PorUonofTMP/nO-A-SS ^ StJPPLEMEiMTAL DEED OE TRT)8T (Additional Security) TMs SUPPLEIVIENTAL DEED OF TRUST, made this 25"" day of September, 2006, by and between H A U S E R Hon<UES, INC., a Virginia corporation ("Gi-antor") and T H O M A S M . Bo TO, JR,, Ti-uslee, of 1265 Seiuinole Trail, Chariottesville, Virgmia 22906 ("Trustee"), recites and provides: RECITALS. A. By Credit Lme Deed of Trust dated July 23, 2004 (the "Deed of Tnist"), recorded July 29, 2004, in tlie Clerk's OiHc« ofthe Chrcuit Court ofthe Comity of Albemarle, Virginia, in Deed Book 2807, page 478 (die "Clerk's Office"), Hauser Homes, Inc., conveyed to Thomas M . Boyd, Jr., Trustee, tire reai estate described hi tlie Deed ofTrust to secure the payment of $3,700,000,00 to Albemarle First Banl<, a Virginia coiporatiou ("Lender"). B. By Modification Agreement dated September 13,2006, recorded September 27, 2006, in die Clerk's Office in Deed Book 3296, page 161, die Deed of Trust was modified to increase die amount secured from $3,700,000,00 to $5,700,000.00. The Deed of Trust, as modified and amended, has been supplemented from tune to tune by supplemental deeds of trust to place additional real estate under Uie Deed of Tnist. Lender has requested and Grantor has agreed to grant and convey unto Tmstee, as ADmiOMALSECURITY imder Uie Deed ofTrust (and m addiUon to die real estate conveyed by the Deed ofTrust), die real estate described below. AGREEMENT. NOW, THEREFORE, ia consideratioa ofthe sum of $ LOO, and oUier consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants and conveys nnto Tnisfee, wiUi General Warranty and English Covenants of Title, die following described real estate: Parcel One: All that certam lot or parcel of land, wiUi improvements diereon and appurtenances thereto, situated in Fluvanna County, Virginia, contahung 0.425 acre, more or less, shovm as Lot 71, of Sycamore Landing Rural Cluster Development on a plat by Rivaima Engineermg & Surveying, PLC, dated April 26,2005, last revised January 18, 2006, and recorded in Uie Clerk's Office of die Chrcuit Court of Uie County of Fluvanna, Vnginia, m Plat Book 2, pages 204-213. TWs documcntprepared by; Scoit Kroner PLC, Cliarfotlesvine, V A 0701 0S39' 701 539 Parcel Two: A l l tliat certain lot or parcel of land, witb improvements diereon and appnrtenances therato, situated in Fluvanna County, Virginia, containing 0,532 acre, more or less, shovm as Lot 72, of Sycamore LandingRural Ctasfer Development on aplat by Rivaima Enghieering Sc Surveying, PLC, dated April 26, 2005, last revised January 1S, 2006, and recorded in the Clerk's 01¥ic« of the Circuit Court of tiie County of Fluvanna, Virginia, inPlat Book 2,pages 204-213. Parcel Tliree: All diat certain lot orpaiTOl ofland, \vith hnprovements thereon and appurtenances Uiereto, situated In Fluvaima County, Virginia, containing 0.594 acre, more or less, shown as Lot 73, of Sycamore Landing Rural Cluster Development on a plat by Rivaima Engineering & Surveying, PLC, dated April 26, 2005, last revised Januaiy 18,2006, and recorded m the Clerk's OfHce of die Circuit Court ofthe County of Fluvanna, Virginia, in Plat Book 2, pages 204-213. Parcel Four: A l l that certain lot or parcel of land, with improvements Uiereon and appurtenances diereto, situated in Fluvanna County, Virginia, containing 0,576 acre, more or less, shown as Lot 74, of Sycamore Landing Pvisral Cinster Developement on a plat by Rivamia Engmeermg & Surveymg, PLC, dated Apiil 26,2005, last revised January 18, 2006, and recorded m the Clerk's Office of die Circuit Court ofthe County of Fluvanna, Virgiaia, in Plat Book 2, pages 204-213, Parcel Five: All that certain lot or parcel ofland, witii improvementstiiereonand appurtenances thereto, situated in Fluvanna Coimty, Virginia, containing 0.566 acre, more or less, shown as Lot 73, of Sycamore Landing Rural Cluster Oevolopment on a plat by Rivanna Engmeering & Surveymg, PLC, dated April 26,2005, last revised January 18, 2006, and recorded in die Clerk's Office ofthe Circuit Court of die Comity of Fluvanna, Virginia, in Plat Book 2, pages 204-213. Parcel One, Parcel Two, Pai-cel Three, Parcel Four and Parcel Five are all of die properties conveyed to Hauser Homes, Inc., a Virginia corporation, by deed irom Oak Tree I ^ d Company, L . L . C , a Virginia lunited iiabiiity company, dated September 8, 2006, aiid recorded m the Clerk's Office of die Chcuit Court of tlie County of Fluvanna Vkginia, unmediately prior hereto. IN TRUST AND AS ADDITIONAL SECIffllTY. to secure to Lender the payment 2 0701.. 0540 701 540 ofthe mdebtedness described in the Deed ofTrust. This mstrument is exemptftomtax pursuant to die provisions of Section 58.1-809 of tlie Code of Vngmia.' All otliec provisions of die Deed of Trast not changed by dns Supplemental Deed of Trust are hereby i-atiiied and confirmed and shall remam hi fiill force and effect. Witness the followmg duly authoriied signature: HAUSER HOMES, INC. ;)onald E. V/ebb, Controller COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE, lo-wit; O foregomg instrument was signed, swom to, and aciaiowledged before me this t^!JJ_ day of September, 2006, by Donald E, Webb, Controller of Hauser Homes, too., a Vhginia corporation, on behalf of the oorporadon. , . My commission exphes:_ Notary FupkT VIRGINIA: CLERK'S OFFICE OF THE CIRCUIT COURT OF FLUVAiNNA COUNTY St. R. Tax Tlie foregoing instmment wilh acknowledgment was Co. R. Tax admitted to record on r ^ ^ U . 2 8 , 20_(X(2 at Transfer Cleric oil Grantor Tax ay Total $ GO ql. Recording costs paid as shown. Teste: Deputy Clerk 'eterson, Jr., Clerk 3 C O N T R A C T F O R P U R C H A S E OF P R O P E R T Y AT FORECLOSURE SALE (Tax Map No. 10-23-71) THIS C O N T R A C T O F P U R C H A S E made and entered into tliis 24"' day o f January, 2013, by and between , Purchaser(s), and N A N C Y R. S C H L I C H T I N G , Substitute Trustee. The real estate for sale is designated as: A l l that certain lot or parcel o f land, with improvements thereon and appurtenances thereto, situated in Fluvanna County, Virginia, containing 0.425 acre, more or less, shown as Lot 71, o f Sycamore Landing Rural Cluster Development on a plat by Rivanna Engineering & Surveying, P L C , dated A p r i l 26, 2005, last revised January 18, 2006, and recorded in the Clerk's Office of the Circuh Court o f the County o f Fluvanna, Virginia, in Plat Book 2, pages 204-213. Fluvanna County Tax Map No. 10-23-71 (the "Property"). W H E R E A S , Purchaser was last and highest bidder at the public auction for the sale o f t h e real estate Icnown as Fluvanna County T a x M a p N o . 10-23-71 having made a last bid o f $ ; and W H E R E A S , Purchaser did pay to Nancy R. Schlichting, Substitute Trustee, as a deposh the sum o f $5,000, the receipt of which is hereby aclcnowledged by the Substitute Trustee. N O W , T H E R E F O R E , in consideration o f the premises, the parties do hereby agree as follows: 1. That Purchaser shall pay to Nancy R. Schlichting, Substitute Trustee, the balance o f t h e purchase price, by wire transfer or certified or cashier's check, at settlement. 2. A t settlement, Nancy R . Schlichting, Substitute Trustee, shall deliver to Purchaser a deed with Special Warranty o f Title conveying the Property to Purchaser. 3. Settlement shall be held at the offices of Lenhart Obenshain, 100 10 ' Street, N . E . , Charlottesville, Virginia, on or before 2:00 p.m. on February 22, 2013. Possession of the Property shall be given at settlement. 4. 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 o f the Property being equal to or greater than the Purchase Price. 5. The Property is sold " A S IS" with all faults and without reliance on any warranty of any kind whatsoever and hereby accepts the Property in the condition as of the Contract Date. 6. Cost of deed preparation, grantor's tax and prorated real estate taxes shall be paid by Seller. A l l other costs shall be paid by Purchaser. Each party shall pay its own attorney's fees. 7. Time shall be o f the essence with respect to settlement. The deposit shall be applied to the credit o f 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 o f sale, including Trustee's fee, and the property shall be resold at the cost and expense of the defaulting Purchaser. W I T N E S S 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. Purchaser Purchaser Dated this 24"' day o f January, 2013. Nancy R. Schlichting - Auctioneer Nancy R. Schlichting Substitute Trustee