HomeMy WebLinkAbout06-12 Deed100001660
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Tax Map Id No. 30A-2-25 Pnq.ved by and Raven to:
7fianns M. Diclaimon, Jr.
Consideration: $25,000.00 (Assessed value: $8,100.00) Bowles Rice McDavid Graff & LOVe LLP
480 W. Jabal Fady Drive, Suite 130
Grantee's Address: P. O. Box 3550 Winchesta, Virginia 22601
Winchester, VA 22604
SUBSTITUTE TRUSTEE'S DEED
THIS DEED, made and entered into this 25`h day of February, 2010, by and
between THOMAS M. DICKINSON, JR., Substitute Trustee, Grantor, and 300N, LLC, a West
Virginia Limited Liability Company, Grantee, whose address is 300 North Main Street,
Moorefield, WV 26836;
WITNESSETH:
WHEREAS, by that certain Credit Line Deed of Trust dated March 7, 2008,
recorded in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, as
Instrument No. 080002829, E. E. Bayliss, Jr., conveyed the hereinafter described property to
Ronald F. Miller and Cynthia J. Layman, Trustees, to secure the payment of a promissory note
dated March 7, 2008, in the original principal amount of One Hundred Forty Six Thousand Four
Hundred dollars ($146,400.00) with interest thereon as set out in the promissory note, payable to
the order of Summit Community Bank; said promissory note containing a waiver of the
Homestead Exemption; and
WHEREAS, by Substitution of Trustee dated November 17, 2009, recorded in the
aforesaid Clerk's Office as Instrument No. 090012922, Summit Community Bank, Inc.,
appointed Thomas M. Dickinson, Jr., a resident of Virginia, as Substitute Trustee to serve in the
place and stead of Ronald F. Miller and Cynthia J. Layman, the original Trustees, to have all the
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title, powers, authority, duties and discretion conferred upon the original Trustees by the terms of
the Deed of Trust and applicable law, in the same manner and to the same effect as though he,
Thomas M. Dickinson, Jr., was originally named therein as Trustee; and
WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee, upon request of
Summit Community Bank, Inc., the holder of the said promissory note and indebtedness,
advertised the property described herein for sale under the terms of the said Deed of Trust by
publishing notice of the time, place, and terms of sale once a week for two consecutive weeks in
the Northern Virginia Daily, a daily newspaper of general circulation in the County of Frederick,
Virginia, on December 9, and December 16, 2009 and re -advertised the property described
herein for sale under the terms of the said Deed of Trust by publishing notice of the time, place,
and terms of sale once a week for two consecutive weeks in the Northern Virginia Dailv, a daily
newspaper of general circulation in the County of Frederick, Virginia, on January 15, and
January 22, and
WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee gave notice of the
time, place and terms of sale to E. E. Bayliss, Jr., to all personal guarantors of the said
promissory note and indebtedness, and to any and all subordinate lien creditors by certified mail
in compliance with the provisions of Va. Code Ann. § 55-59.1; and
WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee proceeded to offer the
property described herein for sale at public auction at the front entrance of the Frederick County
Circuit Court, 5 North Kent Street, Winchester, Virginia, on January 29, 2010, at 10:00 a.m.,
EDT, at which sale 300N, LLC, bid the sum of Twenty Five Thousand Dollars ($25,000.00), that
being the highest and last bid therefore; and
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WHEREAS, the said Substitute Trustee sold the property described herein to
300N, LLC, for the sum of Twenty Five Thousand Dollars ($25,000.00) and received a bidder's
deposit of Two 'Thousand Five Hundred Dollars ($2,500.00) and has now received the balance of
the purchase price.
NOW, THEREFORE, in consideration of the premises and the sum of Ten
Dollars ($10.00) cash in hand paid, the receipt of which is hereby acknowledged by the Grantor,
the Grantor does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF
TITLE unto the said 300N, LLC, the following described real estate to -wit:
All that certain lot of land lying and being situate in
Gainesboro Magisterial District of Frederick County, Virginia, on
the North side of Woodridge Drive, more particularly described as
Lot No. 25, Braddock Hills Estate, Section Two, on the plat of H.
Bruce Edens, C.L.S., surveyed July 13, 1971 and recorded in the
Office of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 438, at Page 827.
AND BEING a portion of the property conveyed to E. E.
Bayliss, Jr. by Deed from Fred L. Glaize, III and E. E. Bayliss, Jr.,
dated November 22, 2006 of record in the aforesaid Clerk's Office
as Instrument Number 070000435. Reference is hereby made to
the aforesaid instruments and the references contained therein for a
further and more particular description of the property conveyed
herein.
This conveyance is made expressly subject to the restrictions, conditions, rights-
of-way, and easements, if any, contained in the instruments constituting the chain of title to the
property conveyed herein.
WITNESS the following signature and seal:
Thomas M. Dickinson, Jr., Substitute
Trustee
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
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The foregoing instrument was acknowledged before me this 25`s day of February,
2010, by Thomas M. Dickinson, Jr., Substitute Trustee.
My commission expires: & (
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Notary Public
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This instrument of writing was produced to me on
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and with certilicate acknowledgement thereto annexed
was admitted to record Tax imposed by Sec 581-802 of
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and 58.1-801 have been paid, if assessable.
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