FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION:

LAKE MONTICELLO

FIVE (5) PARCELS OF VACANT LAND IN FLUVANNA COUNTY 59-18-1 – 2.322 Acres of Vacant Land 59-18-3 – 2.272 Acres of Vacant Land 58-18-4 – 2.300 Acres of Vacant Land 59-18-5 – 2.170 Acres of Vacant Land 59-18-6 – 2.176 Acres of Vacant Land

SALE: FRIDAY, OCTOBER 5, 2018, AT 11:00 A.M. AT THE FLUVANNA COUNTY CIRCUIT COURTHOUSE

September 17, 2018 Dear Sir/Madam: I enclose a copy of the sale ad regarding property for which we will be conducting a foreclosure sale at public auction on Friday, October 5, 2018, at 11:00 a.m., at the Fluvanna County Circuit Courthouse. 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 effort 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 send me the name of “your buyer” by 3:00 p.m. on Thursday, October 4, 2018, 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. Of course, “your buyer” has to be someone who has not been previously identified by another broker or agent and should not be an entity or individual with which you have an investment or ownership relationship. Very truly yours,

Nancy R. Schlichting NRS:lmg Enclosure

www.lplaw.com Charlottesville | Harrisonburg

Nancy R. Schlichting Attorney at Law

Direct: (434) 220-6108 nrs@lplaw.com

Phone: (434) 979-1400 Fax: (434) 977-5109 530 East Main Street P.O. Box 2057 Charlottesville, Virginia 22902

TABLE OF CONTENTS

Realtor Representation Form Sale Ad: Terms of Sale Plat Current Deed of Trust Sample Foreclosure Auction Contract Nancy R. Schlichting Lenhart Pettit 530 East Main Street P.O. Box 2057 Charlottesville, VA 22902 Telephone: (434) 220-6108 Fax: (434) 977-5109 nrs@lplaw.com

REALTOR REPRESENTATION FORM Must be received by Trustee by 3:00 p.m. on Thursday, October 4, 2018.

REMIT TO: Nancy R. Schlichting, Substitute Trustee FAX: (434) 977-5109 Email: nrs@lplaw.com DATE/TIME OF AUCTION: October 5, 2018, 11:00 A.M. PROPERTY DESCRIPTION: Tax Map Nos. 59-18-1, 59-18-3, 59-18-4, 59-18-5 and 59-18-6 PROSPECTIVE BUYER NAME: ____________________________________________________ PROSPECTIVE BUYER ADDRESS: ____________________________________________________ PROSPECTIVE BUYER PHONE NO.: ____________________________________________________ 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; (d) the Prospective Buyer has not been identified previously by another Realtor; and (e) Prospective Buyer is not related to the undersigned Realtor in any way, including but not limited to, common ownership or as family members. In order to be effective, all Realtor Representation Forms must be received by the Substitute Trustee on or before 3:00 p.m. on Thursday, October 4, 2018. ACCEPTED: ________________________________________________ ________________________________ Realtor Signature Date ________________________________________________ Realtor Name (Printed) ________________________ _____________________________________ ___________________ Realtor License No. Realtor Email Realtor Phone No. ______________________________________________ ________________________________ Prospective Buyer Signature Date RECEIVED BY SUBSTITUTE TRUSTEE: By: __________________________________________ ________________________________

FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION

FIVE (5) PARCELS OF VACANT LAND IN FLUVANNA COUNTY

59-18-1 – 2.322 Acres of Vacant Land 59-18-3 – 2.272 Acres of Vacant Land 58-18-4 – 2.300 Acres of Vacant Land 59-18-5 – 2.170 Acres of Vacant Land 59-18-6 – 2.176 Acres of Vacant Land

SALE: FRIDAY, OCTOBER 5, 2018 AT 11:00 A.M.

AT THE FLUVANNA COUNTY CIRCUIT COURTHOUSE

In execution of a Deed of Trust, being dated July 7, 2008, of record in the Clerk’s Office of the

Fluvanna County Circuit Court, Virginia, in Deed Book 770, Page 690, (the “Deed of Trust”), the

undersigned as Trustee by instrument of record in the aforesaid Clerk’s Office, will offer for sale at

public auction:

All that certain lot or parcel of land, lying and being situate in the Fork Union Magisterial District of Fluvanna County, Virginia, more particularly described as Lot C, containing 13.93 acres, on plat of Robert L. Lum, Land Surveyor, dated August 7, 1998, entitled “The Curtis Naylor Properties,” said plat attached to a deed recorded in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 347, Page 421. Said property is the same as that conveyed to the Grantor by the terms of a deed of Allen J. McCauley and Kathryn M. McCauley, husband and wife, bearing date June 10, 2008, of record in said Clerk’s Office immediately prior hereto.

(the “Property”). TERMS OF SALE: A bidder’s deposit of the lesser of $10,000 or 10% of the winning bid, shall

be paid at the sale by cash or cashier’s check made payable to Bidder (to be assigned to Trustee if

Bidder is successful), with the balance upon delivery of a trustee’s deed within 30 days of sale. If the

initial deposit is less than 10% of the winning bid, then the successful bidder’s deposit MUST be

increased to 10% of the winning bid by cashier’s check or wired funds within three (3) business days.

Settlement shall be held within 30 days after the date of sale unless otherwise postponed at the sole

discretion of the Trustee. Sale is subject to the covenants, conditions, restrictions, rights of way, and

easements, if any, contained in the deeds and other documents forming the chain of title to the property.

Property is sold “AS IS, WHERE IS,” “WITH ALL FAULTS” and “WITH ABSOLUTELY NO

WARRANTIES.”

TIME SHALL BE OF THE ESSENCE WITH RESPECT TO SETTLEMENT. The deposit shall

be applied to the credit of 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 of sale, including Trustee’s fee, and the Property shall

be resold at the cost and expense of the defaulting Purchaser. Risk of loss or damage to the Property

shall be borne by successful bidder from the time of auctioneer’s strikedown at the sale. Purchaser shall

pay all settlement fees, title examination charges, title insurance premiums, and recording costs. Current

real estate property taxes will be prorated at closing as of date of sale. Rollback taxes, if any, will be the

responsibility of the Purchaser.

THE TRUSTEE RESERVES THE RIGHT: (i) to waive the deposit requirements; (ii) to extend

the period of time within which the Purchaser is to make full 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 of time; (v) to reject all bids; and (vi) to postpone or continue this sale from time to time, such

notices of 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.

FOR INFORMATION SEE: www.lplaw.com/foreclosures

Nancy R. Schlichting Acting Trustee Lenhart Pettit P.C. 530 E. Main Street P. O. Box 2057 Charlottesville, VA 22902 (434) 220-6108 (Schlichting) NRS@lplaw.com

'\

Prepared by O'Neill Mortgage

TMP 59-A-53E

770 690

THIS DEED OF TRUST, made this ih day of July 2008, by and between STEVE

A. HOLSAPPLE, party of the first part, GRANTOR, and Donna F. Bingler of 408 E.

Market Street, Suite 104B, Charlottesville, Virginia 22902, and W. Gale Pickford of 5759

The Square, Crozet, Virginia 22932, parties of the second part, GRANTEES, hereinafter

called Trustees,

WITNESS ETH:

That for and in consideration of the provisions of this deed and of FIVE DOLLARS

($5.00), cash in hand paid by the said Trustees to the party of the first part, receipt of which

is hereby acknowledged, the party of the first part does hereby GRANT, BARGAIN and

CONVEY unto said Trustees with GENERAL WARRANTY of title,

All that certain lot or parcel of land, lying and being situate in the Fork Union Magisterial District of Fluvanna County, Virginia, more particularly described as Lot C, containing 13.93 acres, on plat of Robert L. Lum, Land Surveyor, dated August 7, 1998, entitled "The Curtis Naylor Properties", said plat attached to a deed recorded in the Clerk's Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 347, page 421. Said property is the same as that conveyed to the Grantor by the terms of a deed of Allen J. McCauley and Kathryn M. McCauley, husband and wife, bearing date June 10, 2008, of record in said Clerk's Office immediately prior hereto.

NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF A SALE OR CONVEYANCE OF THE PROPERTY CONVEYED.

IN TRUST, NEVERTHELESS, to secure all obligations arising hereunder and a I

certain debt of CORVEN D. FLYNN, personally, in the sum of ONE HUNDRED FIFTY

THOUSAND AND 00/100------DOLLARS ($150,000.00) evidenced by 2J bonds, dated

July 7, 2008, payable to bearer at O'NEILL MORTGAGE CORPORATION, as follows:

770 691

BQND NQ. AMQUNT BQ!:!D NQ, AMQUNT MATURITY 1 $1 , 000.00 15 $5,000.00 ALL BONDS 2 $4 , 000 . 00 16 $5,000.00 MATURE 3 $5,000.00 17 $5,000.00 Aug 1, 2013 4 $5,000.00 18 $5 , 000.00 5 $5 , 000 . 00 19 $5,000.00 6 $5 , 000.00 20 $5,000.00 7 $5,000.00 21 $5,000.00 8 $5 , 000.00 22 $5,000.00 9 $5 , 000.00 23 $5,000.00

10 $5,000 . 00 24 $5,000.00 11 $5 , 000 . 00 25 $5 , 000.00 12 $5,000 . 00 26 $10,000.00 13 $5,000.00 27 $10,000.00 14 $5,000.00 28 $10,000 . 00

which bond(s) bear interest at the rate of SEVEN AND ONE QUARTER per

centum (7.25%) per annum, payable semi- annually from date until paid and

contain waiver of homestead exemption .

Also secured by this deed of trust is an agreement for payment of

an additional amount of i n terest of $468.75 per six months beginning on

the 1st day of February, 2009, and continuing on the same day, payable

semi- annually, until the bonds secured by this deed of trust are pai d in

full. Such additional amount of interest is of equal priority to t he

above bonds as r egards all subordinate deeds of trus t s, but will be

subordinate in payment to a ny amounts accrued and unpaid or otherwise due

with respect to such bonds .

The said parties of the first part covenant as by statute in t his

case made and provided except as herein otherwise expressly set out.

1. Renewal or extension permitted.

2 . Insurance required to the full amount of the l oan.

3. Seven days prior to each interest date, the parties of the

first part agree to deposit with O'Neill Mortgage Corporation sufficient

money to pay the interest and principal then becoming due, said money to

be held by said Corporation and applied to the payment thereof . In the

event that said amounts are not so deposited, the parties of the first

part shall pay a penalty of FIVE PERCENT (5%) of the installment then

770 692

(a) Fai l ure of the parties of the first part to make any

payment due on t he bonds or note hereby secured, when the

payment becomes due and payable;

(b) Failure of the parties of t he first part to observe o r

perf orm any covenant , cond i tion or agreement under this Deed

of Trust;

(c) Making by the parties of the fi r st part , or either of

them, of a general assignment for the benefit of creditors or

admi ssion in writing by the part i es of t he first part , or

either of t hem, of thei r i nability to pay their debts

generally as they become due, or filing by the parties of the

first part, or e i ther o f them, of a petition of bankruptcy,

or filing by the parties of the first part , or either of

them, of a petition seeking any reorganization, arrangement,

composition, readjustment, l iquidation, dissolution or

similar relief under any present or future bankrup t cy or

insolvency law of the United States or any similar of any

State thereof, or filing by the parties of the first part , o r

either of them, of any petition against t hem in any such

proceeding, or seeking by the parties of the first part, or

e i ther of them, of, or consent ing to , or acqui escence in , the

appointment of any trustee, receiver or liquidator of the

parties of the first part, or either of them, or any material

part of their properties;

(d) Fai l ure of the parties of the first part, or either of

them, withi n ninety (90) days after the commencement of any

proceeding against them seeking any reorganization,

arrangement , composi tion, readjustment , liquidation,

dissolution or similar rel ief under any present or future

770 693

have such proceeding d i smissed or s t ayed, or within n i nety

(90) days aft er the appoi ntment , wi thout the consent or

acquiescence of the parties of the f i rst part, or either of

t hem , of any t rustee , recei ver , custodian or liquidator of

the part ies of t he first part , or either of them, or of any

material part of their propertie s , t o have such a ppointment

vacat ed; and

(e) Failure of the parties of the first part to pay, as and

when due , any and all real estat e taxes or other levies

imposed by governmental authorit ies , and s uch hazard

insurance premiums as may be required to keep the proper ty

conveyed here insured to t he f ull amount of the loan .

5 . Whenever an Eve nt of Default shall have occurred and be

continuing, O'Neill Mortgage Corporation, as agent for the holder of the

bonds or note thereby secured, may:

(a) Declare all amounts due under the bonds and note

to be i mmediately due and payable ;

(b) Have access to , and inspect , examine and make

copies of, the books , records and a ccounts of the parties of

the f i rs t part , pertaining to the property conveyed hereby;

(c) Exercise any of the bondholders ' or noteholders '

right s under this Deed of Trust ;

(d) Take what ever action a t law or in equity may

appear necessary or desirabl e to col lect the amounts then due

and to become due , or to enforce observance or performance of

t he obligations ; and

Whenever an Event of Default shall have occurred and be cont inuing,

and if and as directed by O ' Neill Mortgage Corporation , the Trustees

shall execute the trust created by this

770 694

Deed of Trust and in doing so shall have all of the r igh t s and may

exercise all of t he powers set forth i n Sections 55- 59 through 55 - 59.4 of

the Code of Virgi nia of 1950 , as amended, and in effect on the date of

this Deed of Trust . No remedy set forth in this section is intended to

be exclusive of any other remedy, and every remedy shal l be cumulative

and in addition to every other remedy in this Deed of Trust or now or

hereafter existing at law, in equity or by s t a tute. In addition, O'Neill

Mortgage Corporation shall have and is hereby granted t he right to take

and keep possession of the said premises and to collect all the rents ,

issues, and profits thereof until all of the sai d bonds and note shall

have been fully paid and satisfied and shall apply said rents, issues and

profits t o the satisfaction of sai d bonds and note and a ll other

obligations arising hereunder. Parties of the f i rst part agree to pay

court costs and attorneys ' fees required to enforce this right of

possession and collect i on of rents . No delay or failure to exercise any

right or power accruing upon an Event of Default shall impair any such

right or power or sha l l be construed to be a waiver thereof , and any such

right or power may be exercised from t ime to time and as often as may be

deemed expedient .

6. This Deed of Tr ust shall be construed to impose and confer upon

the parties hereto , and the beneficiaries hereunder , all duties, rights

and obligations prescribed in Section 55-59 of the Code of Virginia of

1950, as amended, and in e f fect on the date of this Deed of Trust , are

incorporated in this Deed of Trust by short form reference :

Exemptions waived.

Subject to all (ca l l) upon default .

Renewal , extension or reinstatement permitted.

Any Trustee may act .

Page Five

770 695

In the event t he Trustees are requested to sell the property

described and O' Neill Mortgage Corporation thereafter requests such sale

to be canceled, the parties of t he first part agree to pay to the

Trustees a fee for services rendered in connection wit h the proposed sale

equal to 2 1/2% of the debt hereby secured, plus the actual expenses

(including at torneys ' fees) incurred by the Trustees.

7 . (a) The Trustees shall be under no duty to (i) take any action

except as expressly set forth in this Deed of Trust and then only

followi ng notice of default and no implied obligations shall be read into

this Deed of Trust, (ii) perform any act that should invol ve expense or

liability, or to institute or defend any suit under this Deed of trust ,

unless properly indemnified to the Trustees' satisfaction, or (iii)

account for t he use or application of any payments on the bonds and note

secured hereby . The Trustee shall not be required to take, notice , nor

shall the Trustees be deemed to have knowledge , or any default under this

Deed of Trust, or the bonds or note , nor shall the Trustees be required

to ascertain or inquire as to the performance of any covenant s or

agreements contained in the bonds or note or this Deed of Trust . The

Trustees may conclus i vely assume that there has been no such defaul t

unl ess and until the Trustees have been specifically notified in writing

of such default by O' Neill Mortgage Corporation .

(b) The parties of the first part shall pay the Trustees just

compensation for any and all services performed, including a commission

of five percent (5%) of the gross proceeds from any sale of the property

under this Deed of Trust and all expenses, charges , counsel fees and

other disbursements incurred in connection with the administration and

execution of the trusts created by, and the performance of the Trustees'

duties and powers under , this Deed of Trust, which compensation,

expenses , fees and disbursements shall constitute a part of the

770 696

this Deed of Trust. The parties of the firs t part agree to indemnify and

save the Trustees harmless against any loss, l iability or expense that

the Trustees may incur in the exercise and performance of the Trustees

powers and dut ies under this Deed of Trust , the administration of this

trus t , or as a result of serving as a Trustee under this Deed of Trust,

and not due to the gross negligence or bad faith of the Trustees.

(c) The event of the resignation, death , incapacity, disability,

removal or absence from Virginia of any Trustee under this Deed of Trust,

or in t he event O'Neill Mortgage Corporat i on for any reason deems it

appropriate, O'Neil l Mortgage Corporation may, by instruments executed,

acknowledged and recorded in the land records where this Deed of Trust is

recorded, designat e and appoint one or more substitute Trustee or

Trustees to be vested with all the powers, rights, authority and duties

vested in the original Trustee under this Deed of Trust .

8 . Payment of the bonds and note hereby secured may be anticipated

by the makers thereof, on the first day of any month, after giving 30

days ' prior written notice to O' Neill Mortgage Corporation as agent for

the bondholders or noteholders, and by depositing wi th said corporation

on or before the call date the principal amount of all called bonds and

note, plus accrued interest from the last interest payment date; in

addition, there shall be paid a penalty of 15 days interest on all called

bonds and note. When the entire loan has been paid, the sum of $31.00 to

defray the expense of calling said bonds and note , and releasing this

Deed of Trust shall be paid by the parties of the firs t part .

9. Payment of the debt secured by this Deed o f Trust may be

assumed by an assuming Grantee , provided the Grantee's credit is

Page Seven

' ',

770 697

satisfactory to O'Neill Mortgage Corporation. Upon assumption by an approved Grantee, a

fee of 1 % of the balance of loan assumed shall be paid to O'Neill Mortgage Corporation.

All prior obligators on the bonds and not remain liable until the debt secured is fully paid.

WITNESS the following signature and seal the day and year first above written.

~~,...==v=e~A ..... ~H-o~@~sa_p.....,~~l~e~~,,,,..,,.f_c-~ __ (SEAL)

STATE OF VIRGINIA, AT LARGE

CITY OF CHARLOTTESVILLE, to wit:

The foregoing instnnnent was acknowledged before me this ih day of July 2008 by

Steve A. Holsapple.

My Commission expires: ffii. }~ ,zJt}f

~~-~ Notary Public# It> I ?~5

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VIRGINIA: CLERK'S OFFICE OF THE CIRCUIT COURT OF FLUVANNA COUNTY St. R. Tax DO Co. R. Tax 'C 0

The foregoing instrument with acknowledgment wa~J

Transfer

Clerk

admitted to rf)ord on :J~1~ ~ , 20_0_~_ at

----...--+-~- l r-'27 f1M. In D.B.73 0 Page(s) tcAo,(ff] .

CONTRACT FOR PURCHASE OF PROPERTY AT FORECLOSURE SALE

Fluvanna Tax Map Nos. 59-18-1, 59-18-3, 59-18-4, 59-18-5 and 59-18-6

THIS CONTRACT OF PURCHASE (the “Contract”) made and entered into this 5th day of

October, 2018, by and between ______________________, (“Purchaser(s)”), and NANCY R.

SCHLICHTING, acting for Lenhart Pettit, PC Substitute Trustee (“Seller”) to convey the following

property in Fluvanna County, Virginia:

All that certain lot or parcel of land, lying and being situate in the Fork Union Magisterial District of Fluvanna County, Virginia, more particularly described as Lot C, containing 13.93 acres, on plat of Robert L. Lum, Land Surveyor, dated August 7, 1998, entitled “The Curtis Naylor Properties,” said plat attached to a deed recorded in the Clerk’s Office of the Circuit Court of Fluvanna County, Virginia, in Deed Book 347, Page 421. Said property is the same as that conveyed to the Grantor by the terms of a deed of Allen J. McCauley and Kathryn M. McCauley, husband and wife, bearing date June 10, 2008, of record in said Clerk’s Office immediately prior hereto.

(the “Property”). WHEREAS, Purchaser was last and highest bidder at the public auction held on October 5, 2018

(the “Sale Date”) with a bid of $______________ (“Purchase Price”) for the purchase of the real estate

known as:

□ TAX MAP PARCEL 59-18-1 □ TAX MAP PARCEL 59-18-6

□ TAX MAP PARCEL 59-18-3

□ TAX MAP PARCEL 59-18-4

□ TAX MAP PARCEL 59-18-5 (“Property”); and

WHEREAS, Purchaser did pay to Trustee as deposit the sum of $______________, the receipt of

which is hereby acknowledged by the Trustee; and

WHEREAS, in connection with this sale, Purchaser acknowledges and agrees to the terms and

conditions as stated in the advertised foreclosure.

NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as follows:

1. That within three (3) business days from the date of this Contract, Purchaser shall pay to

Trustee the sum of $_____________, representing the balance due of the deposit required (10% of the

Purchase Price).

2. That Purchaser shall pay to Trustee, the balance of the Purchase Price, by wire transfer or

certified or cashier’s check, at settlement.

3. At settlement, Trustee shall deliver to Purchaser a deed with Special Warranty of Title

conveying the Property to Purchaser. The conveyance of the Property is subject to the covenants,

conditions, easements, restrictions and reservations, if any, superior to the lien of the Deed of Trust, duly

of record and constituting constructive notice.

4. Grantor’s tax and pro-rated real estate taxes up to the Sale Date shall be paid by Trustee.

All other costs and expenses shall be paid by Purchaser. Each party shall pay its own attorney’s fees.

Rollback taxes, if any, shall be the responsibility of Purchaser.

5. Settlement shall occur on or before 2:00 p.m. on November 5, 2018 (the “Settlement

Date”), unless otherwise extended at the sole discretion of the Trustee. Possession of the Property shall

be turned over at settlement.

6. If the Seller is unable to convey title to the subject property for any reason, the sole

remedy of Purchaser is the return of the deposit with accrued interest. If the Seller believes any

challenge to the validity of the sale has merit, the Seller may declare in her sole discretion the sale void

and return the deposit, and Purchaser shall have no further remedy.

7. 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 of the Property being equal to or greater than the Purchase Price.

8. The deposit shall be applied to the credit of Purchaser at settlement; or, in the event of

Purchaser’s failure to complete settlement on the Settlement Date, including any postponement by

Trustee, and in accordance with the terms of sale, the deposit shall be forfeited and applied to the costs

and expenses of sale, including the auction expenses and Trustee’s fee and then to the balance due under

the applicable note. Thereafter Trustee may resell the Property at the cost and expense of the defaulting

Purchaser or Trustee may accept the next highest available bid from the auction sale, or Trustee may sell

the Property to the lender at the bid of the defaulting Purchaser. Purchaser shall be liable for any

deficiency resulting from the resale of the Property as well as for all costs, expenses, and reasonable

attorneys’ fees connected to and arising out of Purchaser’s failure to fulfill its obligations under this

Contract, including but not limited to the process of any resale or the Trustee’s acceptance of the next

highest available bid.

9. The Property is sold “AS IS” with all faults and without reliance on any warranty of any

kind whatsoever and Purchaser hereby accepts the Property in the condition as of the Sale Date. Risk of

loss or damage to the Property shall be borne by Purchaser from Sale Date.

10. Choice of Settlement Agent: Virginia’s Consumer Real Estate Settlement

Protection Act provides that the purchaser or borrower has the right to select the settlement agent

to handle the closing of this transaction. The settlement agent’s role in closing this transaction

involves the coordination of numerous administrative and clerical functions relating to the

collection of documents and the collection and disbursement of funds required to carry out the

terms of the contract between the parties. If part of the Purchase Price is financed, the lender for

the Purchaser will instruct the settlement agent as to the signing and recording of loan documents

and the disbursement of loan proceeds. No settlement agent can provide legal advice to any party

to the transaction except a settlement agent who is engaged in the private practice of law in

Virginia and who has been retained or engaged by a party to the transaction for the purpose of

providing legal services to the party.

11. Variation by Agreement: The provisions of the Consumer Real Estate Settlement

Protection Act may not be varied by agreement, and rights conferred by this chapter may not be

waived. Trustee may not require the use of a particular settlement agent as a condition of the sale

of the Property.

12. Escrow, Closing and Settlement Service Guidelines: The Virginia State Bar issues

guidelines to help settlement agents avoid and prevent the unauthorized practice of law in

connection with furnishing escrow, closing or settlement services. As a party to a real estate

transaction, the Purchaser or Borrower is entitled to receive a copy of these guidelines from his

settlement agent, upon request, in accordance with the provisions of the Consumer Real Estate

Settlement Protection Act.

13. Ratification by Trustee: This Contract shall not be valid or enforceable unless and until

Trustee has executed and ratified this Contract.

14. This Contract may be executed in counterparts, each of which shall constitute an original

and all of which when taken together shall constitute one and the same document. This Contract may

also be executed by facsimile and/or scanned signature which shall be deemed originals for all purposes.

[SIGNATURE PAGE TO FOLLOW]

WITNESS 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. Dated this 5th day of October, 2018. Nancy R. Schlichting – Auctioneer ___________________________________ Seller: Nancy R. Schlichting, acting for

Lenhart Pettit PC Substitute Trustee

___________________________________ Purchaser’s Signature ___________________________________ Purchaser’s Printed Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone ___________________________________ Co-Purchaser’s Signature ___________________________________ Purchaser’s Printed Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone Purchaser’s Settlement Agent (if known): ___________________________________ Name ___________________________________ Address ___________________________________ City / State / Zip _________________/_________________ Email Telephone