TRUSTEE'S SALE

335 Timber Mill Ln

Fredericksburg, VA 22406

In execution of the Deed of Trust dated September 28, 2021 and recorded on October 4, 2021 in Instrument # 210033478 of Stafford County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front of the Stafford County Circuit Courthouse, main entrance of the Judicial Center, 1300 Courthouse Road, Stafford, Virginia on September 25, 2024 at 10:00 AM the property more particularly described in the aforementioned Deed of Trust, located at the property address listed below and briefly identified as follows:

All that certain lot or parcel of land, situate, lying and being in the Falmouth/Hartwood Magisterial District, Stafford County, Virginia, being shown and described as Lot 98, Section Three-C, Stafford County, Virginia, as shown on plat dated March 13, 2007 and revised October 22, 2007 made by Webb and Associates and recorded in the Clerk's Office of the Circuit Court of Stafford County, Virginia as Instrument No. PM120000108.

The grantees acknowledge on behalf of themselves, their successors, heirs and assigns that Stafford Estates, the subdivision in which grantees are hereby taking title to Stafford Estates, LOT 98, TAX MAP 34L-3C-98 (the "Property"), is located in proximity to property where a stone quarry and other related industrial uses are planned by Vulcan Materials Company or its successors, assigns, tenants, licensees or subsidiaries (including, without limitation, Vulcan Lands, Inc, and Vulcan Construction Materials, LP) (collectively, "Vulcan"). Grantees acknowledge receipt of the pamphlet entitled "Information Brochure About Quarry Activities", which Activities include, without limitation, blasting with commercial explosives, mining, removal and processing of stone; operation of stone crushing, asphalt, ready mix concrete equipment; transport of stone and other construction aggregates by vehicles and heavy equipment; and other related industrial uses which can generate noise, dust and air emissions (collectively "Quarry Activities"). Purchaser (grantee) and its successors in interest agree not to oppose the initiation of Quarry Activities on the quarry property designated by Vulcan in the Brochure solely on the basis of existence of such Quarry Activities. Further, except to the extent of Vulcan's gross negligence, purchaser (grantee) and its successors in interest forever release and waive any right, action, demand successors or assigns, for any liability of any nature (including, but not limited to, actions based on theories of trespass, public or private nuisance, negligence or strict liability) on account of any claim against Vulcan, or any its contractors, tenants, licensees, successors or assigns, for any liability of any nature on account of any loss, damage or expense incurred by purchaser (grantee) and its successors in interest as a result of the potential Quarry Activities conducted in proximity to purchaser's (grantee's) Property, provided that such Quarry Activities are in accordance with applicable federal, state and local laws and regulations governing such Quarry Activities. Every owner of the property shall be obligated to include this provision in its entirety in any conveyance of all or part of the property, including but not limited to any conveyance(s) to Trustee(s) for the benefit of any lender(s) making loans on the property. The provisions and covenants in this paragraph shall run with the land. To the extent that any portion of this provision is found by a court of competent jurisdiction to be in violation of any applicable law, and if such court shall declare such portion to be unlawful, void, illegal or unenforceable in any respect, the remainder of this provision shall be severable, and the rights, obligations and interests of the parties hereto under the remainder of this provision shall continue in full force and effect.

BEING the same property conveyed to James E. Miniter and Angela F. Miniter, husband and wife, as tenants by the entirety, by deed from Gary Wallace and Deanna Wallacedated February 21, 2020 recorded on March 3, 2020 in the land records of Stafford County, Virginia in Instrument LR200004642.

AND FURTHER BEING the same property conveyed to Gary Wallace and Deanna Wallace, husband and wife, by deed from Atlantic Builders, LTD. dated July 8, 2013 recorded on July 31, 2013 in Instrument LR130018725.

Tax No.: 51353

Property address: 335 Timber Mill Ln,

Fredericksburg, VA 22406

The property will be sold "AS IS," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, covenants, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust, if any.

Pursuant to Code of Virginia § 55.1-321(A2), if the property is being sold subject to another priority security instrument(s), purchaser must certify that purchaser shall pay off any priority security instrument(s) no later than 90 days from the date the trustee’s deed conveying the property being sold is recorded in the land records.

TERMS OF SALE: A non-refundable bidder's deposit of $50,500.00 or 10% of the sale price, whichever is less, by cashier's or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier's check within 14 days from sale date. Except for Virginia Grantor 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 of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

(24-17975)

FOR INFORMATION CONTACT:

BROCK & SCOTT, PLLC

(Attorney for

TRUSTEE SERVICES OF VIRGINIA, LLC)

484 Viking Drive, Suite 203

Virginia Beach, VA 23452

(757) 213-2959

August 19th, 2024

August 26th, 2024

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