CLASSIFIEDS
00095936 —
Listing Began:
Description
Seller's Comments and Description:
TRUSTEE’S SALE OF 4359 AMERICANA DRIVE, UNIT 104, ANNANDALE, VA 22003. In execution of a certain Deed of Trust dated October 20, 2023, in the original principal amount of $190,000.00 recorded in the Clerk’s Office, Circuit Court for Fairfax County, Virginia, in Book 28018 at Page 0504 as Instrument No. 2023049895.002. The undersigned Substitute Trustee will offer for sale at public auction in the front of the Circuit Court building for Fairfax County, 4110 Chain Bridge Road, Fairfax, VA, on November 5, 2025, at 11:45 AM, the property described in said Deed of Trust, located at the above address, and more particularly described as follows: ALL THAT CERTAIN LOT OR PARCEL OF LAND TOGETHER WITH IMPROVEMENTS THEREON, SITUATED, LYING AND BEING IN FAIRFAX COUNTY, STATE OF VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS CONDOMINIUM UNIT NUMBER 4359/104 OF THE FAIRFAX HERITAGE II CONDOMINIUM (HEREINAFTER REFERRED TO AS THE "CONDOMINIUM"), AS DESIGNATED AND DESCRIBED IN THE DECLARATION ESTABLISHING SAID CONDOMINIUM, RECORDED AMONG THE LAND RECORDS OF FAIRFAX COUNTY, VIRGINIA, IN DEED BOOK 4126 AT PAGE 490 AS AMENDED BY THE AMENDMENT TO CONDOMINIUM INSTRUMENTS FOR FAIRFAX HERITAGE I THROUGH XI CONDOMINIUMS, AND RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4379 AT PAGE 114; AND FURTHER AMENDED BY THE SECOND AMENDMENT TO CONDOMINIUM INSTRUMENTS FOR FAIRFAX HERITAGE I THOUGH XI CONDOMINIUMS, AND RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4399 AT PAGE 376; AS FURTHER AMENDED BY THE THIRD AMENDMENT TO CONDOMINIUM INSTRUMENTS FOR FAIRFAX HERITAGE I THOUGH XI CONDOMINIUMS AND RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4423 AT PAGE 655 AND AS FURTHER AMENDED BY THE FOURTH AMENDMENT TO CONDOMINIUM INSTRUMENTS FOR FAIRFAX HERITAGE I THOUGH XI CONDOMINIUMS. AND RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4456 AT PAGE 133 AND RE-RECORDED IN DEED BOOK 4472 AT PAGE 831; AS FURTHER AMENDED BY THE AMENDED DECLARATION OF FAIRFAX HERITAGE I CONDOMINIUM RECORDED IN DEED BOOK 4935 AT PAGE 267, AS CORRECTED BY DEED OF CORRECTION TO THE AMENDED DECLARATION OF FAIRFAX HERITAGE I CONDOMINIUM RECORDED IN DEED BOOK 5098, AT PAGE 503; (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "DECLARATION, AS AMENDED"). TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENT AS DESCRIBED IN THE DECLARATION, AS AMENDED, SAID PERCENTAGE INTEREST BEING SUBJECT TO CHANGE, AS PROVIDED, IN THE DECLARATION AS AMENDED AND THE CONDOMINIUM ACT REFERRED TO BELOW. TOGETHER WITH AND SUBJECT TO THE NONEXCLUSIVE EASEMENTS CREATED BY THE DECLARATION, AS AMENDED IN FAVOR OF THE CONDOMINIUM UNIT OWNERS AS THEREIN DEFINED, AND SUCH EASEMENTS, COVENANTS, OBLIGATIONS, CONDITIONS, TERMS, PROVISIONS, RESTRICTIONS AND RESERVATIONS SET FORTH IN THE DECLARATIONS OF FAIRFAX HERITAGE I, II, III, IV, V, VI AND VIII CONDOMINIUMS, RECORDED AMONG THE LAND RECORDS OF FAIRFAX COUNTY, VIRGINIA, IN DEED BOOK 4126 AT PAGE 368, 490, AND 595. AND DEED BOOK 4127 AT PAGE 1, 109, 212, AND 419 RESPECTIVELY, AND AMENDED BY THE AMENDMENTS REFERRED TO ABOVE, RECORDED IN DEED BOOK 4379 AT PAGE 14, DEED BOOK 4399 AT PAGE 376, DEED BOOK 4423 AT PAGE 655 AND DEED BOOK 4456 AT PAGE 133, RE-RECORDED IN DEED BOOK 4472 AT PAGE 831, AND IN DEED BOOK 4935 AT PAGE 267 AS CORRECTED IN DEED BOOK 5038 AT PAGE 503 OF THE AFORESAID LAND RECORDS (HEREINAFTER REFERRED TO AS THE "DECLARATION. AS AMENDED"). SUBJECT, HOWEVER, TO THE TERMS AND PROVISIONS OF THE AFORESAID DECLARATIONS AS AMENDED, AND THE COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS CREATED THEREIN; AND SUBJECT FURTHER TO THE NONEXCLUSIVE RIGHTS AND EASEMENTS CREATED IN FAVOR OF OTHERS BY THE DECLARATION, AS AMENDED AND THE DECLARATIONS, AS AMENDED. AND EXHIBITS THERETO. AND FURTHER SUBJECT TO AND TOGETHER WITH THE TERMS, COVENANTS, CONDITIONS, RESTRICTIONS AND PROVISIONS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4126 AT PAGE 328, AS AMENDED BY THE AMENDMENTS RECORDED AS AFORESAID IN DEED BOOK 4379 AT PAGE 114, DEED BOOK 4399 AT PAGE 376, DEED BOOK 4423 AT PAGE 655, AND DEED BOOK 4456 AT PAGE 133, AND RE-RECORDED IN DEED BOOK 4472 AT PAGE 831. AND IN DEED BOOK 4935, AT PAGE 267 AS CORRECTED IN DEED BOOK 5098, AT PAGE 503; AND THE TERMS, COVENANTS, CONDITIONS, RESTRICTIONS AND PROVISIONS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RECORDED AMONG THE LAND RECORDS IN DEED BOOK 4127 AT PAGE 515. AS AMENDED BY THE AMENDMENTS RECORDED AS AFORESAID IN DEED BOOK 4379 AT PAGE 114, DEED BOOK 4399 AT PAGE 376, DEED BOOK 4423 AT PAGE 655. AND IN DEED BOOK 4935 AT PAGE 267 AS CORRECTED IN DEED BOOK 5098 AT PAGE 503; AND DEED BOOK 4456 AT PAGE 133 AND RERECORDED IN DEED BOOK 4472 AT PAGE 831 AMONG THE AFORESAID LAND RECORDS; AND THE DEED RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4456 AT PAGE 145. WHEREIN THE GRANTOR HEREIN CONVEYED RECREATION AREA A. AS THEREIN DESCRIBED, TO THE NORTH FAIRFAX HERITAGE RECREATION ASSOCIATION A, SUBJECT TO AND TOGETHER WITH THE PROVISIONS SET FORTH IN SAID DEED AND THE DEED RECORDED AMONG THE AFORESAID LAND RECORDS IN DEED BOOK 4604 AT PAGE 169, WHEREIN THE GRANTOR HEREIN CONVEYED RECREATED RECREATION AREA B, AS THEREIN DESCRIBED TO THE SOUTH FAIRFAX HERITAGE RECREATION ASSOCIATION B, SUBJECT TO AND TOGETHER WITH THE PROVISIONS SET FORTH IN SAID DEED. SUBJECT TO THE OBLIGATIONS TO MAKE PAYMENTS OF ASSESSMENTS FOR THE MAINTENANCE, REPAIR AND OPERATIONS OF THE CONDOMINIUM WHICH MAY BE LEVIED BY THE BOARD OF DIRECTORS OF THE UNIT OWNERS` ASSOCIATION OF THE CONDOMINIUM, OR ITS SUCCESSORS, PURSUANT TO THE DECLARATION AS AMENDED AND THE BYLAWS OF THE CONDOMINIUM AND THE RULES AND REGULATIONS MADE THEREUNDER, AS THE FOREGOING MAY BE AMENDED FROM TIME TO TIME. INCLUDING WITHOUT LIMITATION THE OBLIGATION TO MAKE PAYMENTS OF ASSESSMENTS FOR THE MAINTENANCE, REPAIR AND OPERATION OF THE CONDOMINIUM WHICH MAY BE LEVIED BY THE BOARD OF DIRECTORS OF THE UNIT OWNERS ASSOCIATION OF THE CONDOMINIUM (OR EXECUTIVE BODY THEREOF BY WHATEVER NAME DESIGNATED ). ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE AND CONSTITUTE AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND EQUITABLE SERVITUDES AND LIENS TO THE EXTENT SET FORTH IN THE DECLARATION, AS AMENDED, AND DECLARATIONS, AS AMENDED, AND AS PROVIDED BY LAW. AND ALL OF WHICH ARE ACCEPTED BY THE GRANTEES, THEIR SUCCESSORS, HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGN. FURTHER, THE GRANTEES, BY THE ACCEPTANCE AND RECORDATION OF THIS DEED, EXPRESSLY ASSUME, RATIFY AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THE DECLARATION, AS AMENDED, AND DECLARATIONS. AS AMENDED, THE BYLAWS AND EXHIBITS THERETO, AS SUCH INSTRUMENTS MAY BE AMENDED FROM TIME TO TIME. TERMS OF SALE: ALL CASH. A bidder’s deposit of ten percent (10%) of the sale price or ten percent (10%) of the original principal balance of the subject Deed of Trust, whichever is lower, in the form of cash or certified funds payable to the Substitute Trustee must be present at the time of the sale. The balance of the purchase price will be due within fifteen (15) days of sale, otherwise Purchaser’s deposit may be forfeited to Trustee. Time is of the essence. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled to a return of the deposit paid. The Purchaser may, if provided by the terms of the Trustee’s Memorandum of Foreclosure Sale, be entitled to a $50 cancellation fee from the Substitute Trustee, but shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. A form copy of the Trustee’s memorandum of foreclosure sale and contract to purchase real property is available for viewing at www.bwwsales.com. Additional terms, if any, to be announced at the sale and the Purchaser may be given the option to execute the contract of sale electronically. This is a communication from a debt collector and any information obtained will be used for that purpose. The sale is subject to seller confirmation. Substitute Trustee: Equity Trustees, LLC, 8100 Three Chopt Road, Suite 240, Richmond, VA 23229. For more information contact: BWW Law Group, LLC, attorneys for Equity Trustees, LLC, 6003 Executive Blvd, Suite 101, Rockville, MD 20852, 301-961-6555, website: www.bwwsales.com.
VA-378614-1.
September 30th, 2025
October 7th, 2025
AD#95936