TRUSTEE'S SALE 4832 Kent Junction Road Appalachia, VA

March 28, 2024

TRUSTEE'S SALE

4832 Kent Junction Road Appalachia, VA 24216

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

In execution of the Deed of Trust in the original principal amount of $121,754.00 dated May 17, 2018 and recorded as Instrument No. 201802476, corrected by Correction Deed of Trust recorded as Instrument No. 201802999, thereafter modified by Loan Modification recorded on August 24, 2023, Instrument No. 202303482 of the Wise County land records, the appointed Substitute Trustee will offer for sale at public auction at the front doors of the Courthouse of the County of Wise, Main Street, Wise, Virginia 24293 on May 22, 2024 at 1:00 PM, the property described in said deed of trust, located at the above address and more particularly described as follows:

Tract 1

The land referred to in this Commitment is described as follows: SITUATE, lying and being in the Richmond Magisterial District of Wise County, Virginia, on the waters of the Powell River, adjoining the south side of the State Route 23 right-of-way and more particularly described as follows: BEGINNING on a concrete highway marker found in the southern right-of-way of State Route 23, said monument bears S 62 E 30.8 feet from a concrete culvert, thence running with said right-of-way S 76° 48' 46” E 204.11 feet to an iron pin set; thence S 51° 21' 04” E 89.71 feet to an iron pin set; thence along a non-tangent curve to the left, having a radius of 464.26 feet, a chord of S 60° 23' 22” E 145.87 feet, through a central angle of 18° 04' 37”, for a distance of 146.47 feet to an iron pin set; thence leaving Route 23 and creating a new divisional line through the Penn Virginia Operating Company's Tract No. 187, N 86° 45' 20” W 272.58 feet to an iron pin set; thence S 40° 21' 39” W 128.66 feet to an iron pin set; thence S 63° 15' 40” W 155.58 feet to an iron pin set; thence S 69° 44' 56” W 172.98 feet to an iron pin set; thence S 42° 27' 33” W 196.68 feet to an iron pin set; thence N 88° 19' 35” W 110.15 Feet to an iron pin set; thence N 55° 44' 23” W 121.07 feet to an iron pin set; thence N 14° 18' 50” E 440.29 feet to an iron pin set in the southern right-of-way of Route 23; thence running with said right-of-way, along a non-tangent curve to the left, having a radius of 627.96 feet, a chord of N 89° 48' 51” E 212.96 feet, through a central angle of 19° 31' 30”, for an arc length of 213.99 feet to an iron pin set; thence S 89° 57' 48” E 107.69 feet to an iron pin set; thence N 75° 33' 09” E 96.74 feet to an iron pin set; thence along a curve to the right, having a radius of 301.97 feet, a long chord of N 83° 17' 49” E 81.38 feet, through a central angle of 15° 29' 21”, for an arc length of 81.63 feet to the BEGINNING, containing 5.99 acres by survey performed by Phillip M. Seals, LS and shown on a plat titled Survey of Property to be conveyed to Ed Vaughn, Jr. and Betty Vaughn by Penn Virginia Operating Company LLC, further reference to which is hereby made. The basis of the bearings contained herein is the Virginia State Plane, South Zone Grid Meridian.

And being the same property conveyed to Betty Vaughan from Melanie Jo Johnson by Deed of Gift dated July 14, 2017, of record in Instrument #201703074, in the Clerks of Wise County and the City of Norton, Virginia. The said Betty Vaughan having died testate on November 13, 2017 and Melanie Johnson who was appointed as the Personal Representative by Consent of Non-Resident Fiduciary for Service of Process and of record in Instrument # 201800262, in the Clerk's of Wise County and the City of Norton, Virginia.

There is excepted and reserved a non-exclusive easement for ingress and egress along the dirt road running from State Route 23 and leading to a plugged gas well as shown on the plat attached to Warranty Deed of record as Instrument # 201703074, in the Clerk's of Wise County and the City of Norton, Virginia, along with the right to use said easement for access to Grantor's oil and gas operations.

There is also excepted and reserved unto Penn Virginia Operating Co., LLC, its successors and assigns all of the coal, oil gas including but not limited to, coal bed methane, and minerals, under said piece of parcel of surface hereby conveyed for the purpose of mining, hauling and removing and other coal, oil, gas or minerals it now owns on this tract or any other lands, or which it or its lessees or vendees may hereafter acquire.

There is also granted to the Grantee the use of any and all easements, right-of-ways, roadways, water rights, pipeline rights, sewer systems including, and field lines attached thereto, in existence and which lawfully may be used by Grantors, whether by express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment of this particular tract of land.

There is also conveyed by this instrument all building, improvements, fixtures, easements and appliances now or hereafter attached to or used in connection with the property herein attached.

Property address commonly known as: 4832 Kent Junction Road, Appalachia, VA 24216

Tax ID: Map 048-009A, Pin# 040542

Tract 2

Situated in the Richmond Magisterial District of Wise County, Virginia, on the waters of the Powell River, adjoining the south side of State Route 23 right-of-way and more particularly described as follows:

Being a boundary survey of a 19.03 acres more or less, parcel as shown on a plat dated October 18, 2007, prepared by Phillip M. Seals, LS, of record in Plat Cabinet 2, Slide 8, Page 49, in the Clerk's of Wise County and the City of Norton, Virginia.

And being the same property conveyed to Betty Vaughan from Melanie Jo. Johnson by Deed of Gift dated July 14, 2017, of record in Instrument #201703073, in the Clerks of Wise County and the City of Norton, Virginia. The said Betty Vaughan having died testate on November 13, 2017, and Melanie Johnson who was appointed as the Personal Representative by Consent of Non-Resident Fiduciary for Service of Process, of record in Instrument #201800262, in the Clerk's of Wise County and the City of Norton Virginia. There is also granted to the Grantee the use of any and all easements, right-of-ways, roadways, water rights, pipeline rights, sewer systems including, and field lines attached thereto, in existence and which lawfully may be used by Grantors, whether by express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment of this particular tract of land.

There is also conveyed by this instrument all building, improvements, fixtures, easements and appliances now or hereafter attached to or used in connection with the property herein attached.

Tax ID: Map 048-009B, Pin #040630

The property and improvements will be sold in “as is” physical condition without warranty of any kind.

TERMS OF SALE: A non-refundable bidder's deposit of 10% of the sale price or 10% of the original principal amount of the subject Deed of Trust, whichever is lower, by cashier's or certified check, required at time of sale except for the party secured by the Deed of Trust. Risk of loss on purchaser from date and time of auction. Balance of the purchase price must be paid by cashier's check within 15 days from sale date. Except for Virginia Grantor's tax, all settlement costs and expenses are purchaser's responsibility. Taxes are pro-rated to the date of sale. Purchaser is responsible for obtaining possession of the property. If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses and attorney's fees of both sales. If Trustee does not convey title for any reason, purchaser's sole remedy is return of deposit without interest. This sale is subject to post-sale audit by the Substitute Trustee of the conduct of the auction itself as well as the status of the loan secured by the Deed of Trust, including, but not limited to, determining whether prior to sale a bankruptcy was filed, a forbearance, repayment or other agreement was entered into or the loan was reinstated or paid off; in any such event this sale shall be null and void and purchaser's sole remedy shall be return of deposit without interest. This communication is from a debt collector and is an attempt to collect a debt and any information obtained will be used for that purpose.

SUBSTITUTE TRUSTEE: Lenox Title Trustee Services, LLC, c/o McMichael Taylor Gray, LLC, 3550 Engineering Drive, Suite 260, Peachtree Corners, GA 30092

FOR INFORMATION

CONTACT:

Lenox Title

Trustee Services, LLC

Substitute Trustee

c/o Adrian G. Jacobs, Esq.

McMichael Taylor Gray, LLC

3550 Engineering Drive, Suite 260

Peachtree Corners, GA 30092

Phone: 404.474.7149

Fax: 404.745.8121