4504 & 4506 Aerial Way
Big Stone Gap, Virginia 24219
Located in Wise County, VA
Parcel ID No: 015762
In execution of a certain Credit Line Deed of Trust and Assignment of Rents dated April 9, 2008, duly recorded in the Clerk’s Office of the Circuit Court of the County of Wise, Virginia (“Clerk’s Office”) as Instrument Number 200801339 ("Deed of Trust") from the Grantor named therein (“Grantor”), to TRSTE, Inc., a Virginia Corporation (“Trustee”), for whom Brandy M. Rapp, Ray W. King and Jeffery Sturgill have been appointed as substitute trustees, each of whom may act, pursuant to that certain Appointment of Substitute Trustees dated January 13, 2014, and recorded in the Clerk’s Office as Instrument Number 201400390 (collectively, "Substitute Trustee") and default having occurred in the payment of the debt secured by the Deed of Trust, and at the request and direction of the holders of the Note (“Lender”), which is the holder of the promissory note evidencing such debt, the Substitute Trustee has been directed to sell the following property of the Grantor located in the County of Wise, Virginia, together with all buildings, additions and improvements thereon, if any ("Real Property"), at public auction to the highest bidder, for cash on Friday, March 14, 2014, at 12:00 p.m. (noon), at the subject property which has a physical address of 4504 Aerial Way, Big Stone Gap, Virginia, to wit:
ALL of the following described tract or parcel of land situate and being in the Richmond Magisterial District of Wise County, Virginia on the east side of U.S. Highway No. 23, and being a portion of that land conveyed to Will Slagle and Gussie Slagle, his wife, by J.B. Qualls and wife, bounded and described as follows, to wit:
BEGINNING at a “T” rail in the east right of way line of U.S. Highway No. 23, a beginning corner common to the properties of Will and Gussie Slagle and Sherman Clark a show by Deed dated May 29, 1946; thence S 87 00 E 210.66 feet to an iron pin; thence S 14 16 W 129 feet to an iron pin; thence N 80 14 W 104.32 feet to the center of a water well; thence N 80 14 W 81.17 feet to an iron pin in the right of way line of U.S. Highway No. 23; thence along said line N 2 22 E 104.60 feet to the BEGINNING, containing 0.55 acre, more or less.
EXCEPTING AND RESERVING from this conveyance all the property conveyed unto Commonwealth of Virginia by Deed dated August 10, 1954 of record in Deed Book 321 at Page 5, which is bounded and described as follows, to wit:
BEING as show on plans approved May 13, 1954, and lying on the South (left) side of the construction centerline and adjacent to the existing South right of way line of present Route 83, from the West line of a 30 feet public road opposite approximate station 461+80 to the lands of Norman Crouse opposite approximate Station 462+30 and containing 0.02 acres, more or less.
LESS AND EXCEPT that portion conveyed out to the Commonwealth of Virginia dated February 20, 1974, and recorded on May 3, 1974, in Deed Book 464 at Page 215.
BEING the same property conveyed by deed unto Grantor dated February 23, 2005, and recorded in the Circuit Court of the County of Wise as Instrument Number 200500915.
AND TOGETHER WITH the interest of the Lender, if any, in the following described personal property at the direction of the Lender as secured party thereof, as permitted by Section 8.9A-604 of the Code of Virginia of 1950, as amended:
All fixtures, which comprise a part of the Real Property, and located on or in the above described Real Property ("Personal Property").
The above described Real Property and Personal Property is collectively referred to as the “Property.”
The Property will be sold “AS IS, WHERE IS” and “WITH ALL FAULTS” and subject to the rights of any parties in possession and to such covenants, conditions, easements, restrictions, reservations, encumbrances, deeds of trust, defects, delinquent taxes and assessments, adverse claims and liens, whether filed or inchoate, if any, superior to the lien of the Deed of Trust affecting such Property, duly of record, and constituting constructive notice. No representations or warranties are made as to the existence or condition of any such items, it being the sole responsibility of the purchaser to make such determination. The Substitute Trustees reserve the right to exclude certain personal property from inclusion in the foreclosure sale with the Property. Such excluded items will be announced at the time of the sale, and other rights and interests, if any.
TERMS OF SALE: Cash. SETTLEMENT: within thirty (30) days of sale. Time is of the essence as of the date of settlement. A cash bidder's deposit equal to ten percent (10%) of the successful high bid shall be required from the successful bidder at time of sale and must be in the form of cash, cashier's check or certified check; no personal checks will be accepted. The successful bidder shall also pay, in addition to the successful high bid amount, a bidder's premium in the amount of five percent (5.0%) of the successful high bid. The successful high bid and the bidder’s premium are added together to determine the total sale price. Failure to close within thirty (30) days of sale will result in purchaser's default. Upon purchaser's default, the bidder's deposit shall be forfeited and the Property shall be resold at the risk and costs of the defaulting purchaser. Taxes shall be prorated as of the sale date. The successful bidder shall be required to execute a Memorandum of Sale concerning the purchase of the Property. The Real Property shall be conveyed by Special Warranty Deed and the Personal Property, if any, shall be conveyed by a Bill of Sale. Additional terms may be announced at the time of the sale and the Substitute Trustee reserves the right at any time to amend the terms of sale. The Substitute Trustee is not obligated to deliver possession of the Property to the successful bidder; obtaining possession of the Property shall be the responsibility of the successful bidder. If you have any questions regarding property information, please contact Walker Commercial Services, Inc. at (540) 344-6160.
Ray W. King
LeClairRyan, A Professional Corporation
999 Waterside Drive
Norfolk, Virginia 23510
9791 Sulpher Springs Drive a/k/a 9765 Sulpher
Pound, Virginia 24279
In execution of that certain deed of trust in the original principal amount of $140,000.00 dated May 2, 2007 and recorded among the land records of Wise County, Virginia, as Instrument Number 200701760 and subsequent modifications or re-recordings, if any, as amended by an instrument appointing the undersigned as Substituted Trustee, default having been made in the payment of the indebtedness thereby secured and having been requested to do so by the holder of the note evidencing the said indebtedness, the undersigned Substituted Trustee will offer for sale at public auction in front of the Wise County Circuit Court, 206 East Main Street, Wise, Virginia, on:
April 2, 2014 @ 04:00 PM
The property described in said deed of trust located at the above street address, and more particularly described as:
Situate in Wise County, Virginia, and being more particularly described as follows:
All that certain tract, piece or parcel of land lying and being in Wise County, Virginia containing 2.371 acres as shown on plat attached to instrument recorded as instrument number 200500033, in the Office of the Circuit Court Clerk for Wise County, Virginia, which is not to scale.
There is excepted and reserved from this conveyance a 20` right-of-way across the property as depicted on the attached plat. There is also granted to the Grantee the use of any and all easements, rights of ways, roadways, water rights, pipeline rights, sewer systems including any field lines attached thereto, in express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment.
TERMS OF SALE: Cash or certified funds. A non-refundable deposit of ten percent (10%) of the successful bid price, payable in cash or by certified or cashier's check to the undersigned will be required of the successful bidder at time of sale. Terms of sale to be complied with within 14 days from date of sale or deposit will be forfeit and property will be resold at costs of defaulting purchaser. All real estate taxes to be adjusted as of date of sale. Seller shall not be responsible for any costs incurred by the purchaser in connection with their purchase or settlement, including, without limitation, state and local recording fees, title insurance or research, or any other costs of purchaser's acquisition. The property and the improvements thereon will be sold as is, without representations or warranties of any kind. The sale is subject to all other liens, encumbrances, conditions, easements and restrictions, if any, superior to the aforesaid deed of trust and lawfully affecting the property. Trustee shall have no duty to obtain possession for purchaser. All risks of casualty pass to successful bidder at conclusion of bidding. Sale is subject to post-sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale, as well as to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower(s) entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of the Purchaser's deposit without interest. Additional terms to be announced at the sale.
Wittstadt Title & Escrow Company, LLC
22375 Broderick Drive
Dulles, VA 20166
or toll free
Between 8:30AM - 5 P.M.
This is an attempt to collect a debt and any information obtained may be used for that purpose.
APPLICATION FOR PHASE III BOND RELEASE OF COAL SURFACE MINING PERMIT
UNDER CHAPTER 19
CODE OF VIRGINIA
PUBLICATION NUMBER: 14ADC01
Red River Coal Company, Inc. is applying to the Virginia Division of Mined Land Reclamation for Phase III Bond Release on Permit Number 1201187 and is located:
Approximately 7.6 miles southwest of Pound; on South Fork Pound River off State Route 627 in Wise County and is on the Flat Gap USGS 7.5 minute quadrangle map.
This permit consists of 12.66 acres, which are bonded for $10,000.00 in form of insurance surety. As provided by §4 VAC 25-130-800.40 and §4 VAC 25-130-801.170 of the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting Phase III bond release on the permit that is based on completion of all reclamation standards being met on this increment. Backfilling, regrading, seeding and tree planting have been performed from December 31, 1991 to November, 2004. The post-mining land use of unmanaged forest has been met.
A copy of the application materials is available for public inspection and comment at the Wise County Circuit Court Clerk’s Office. A copy of the bond reduction materials are available for public inspection and comment at the Division’s Big Stone Gap office. Any person whose interests are or may be adversely affected by the bond reduction proposal, or an Officer, or Head of any Federal, State, or local government agency or authority may within 30 days of March 4, 2014 submit written comments or objections to the Division of Mined Land Reclamation concerning the bond reduction; and may also request, in writing, that the Division hold an Informal Conference concerning the application. A request for an informal conference shall follow the requirements of §4 VAC 25-130-773.13c of the Virginia Coal Surface Mining Reclamation Regulations.
All correspondence concerning the application should be submitted to the Division of Mined Land Reclamation, P. O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-8202 Attn.: Permit Section. Written comments and a request for informal conference may be e-mailed to the Division at firstname.lastname@example.org.
COAL COMPANY, INC.
Under Chapter 19, Title 45.1
Code of Virginia
Publication No. 14JKC02
True Energy Fuels LLC is applying for bond reduction on Permit No. 1102056 located in Wise County on South Fork, 1 mile west of Pound . This permit consists of 206.59 acres which are bonded under the Virginia Coal Surface Mining Reclamation Fund (Pool Bond) for $ 621,000 in the form of insurance surety. As provided by 4 VAC 25-130-801.17 of the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting a bond reduction of $ 70,800 on increment number(s) 2 and 3, consisting of 39.85 acres.
This bond reduction request is based on completion of at least two full growing season(s) and the following reclamation: Regrading and seeding, done in 2012 and 2013, with excellent results on the area which has a post mining land use of unmanaged forest.
Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of March 11, 2014 submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.
All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202. Written comments and a request for informal conference may be e-mailed to the Division at DmlrPublicNotice@dmme.virginia.gov.
ADVERTISEMENT FOR BIDS:
Sealed bids for custodial and paper supplies will be received at the office of the Supervisor of Maintenance, Wise County School Board, P.O. Box 1217, Building E, Wise, VA 24293, until 2:00 P.M. local time Thursday, March 13, 2014. All bids will be publicly opened and read aloud at this time. Contract awards will be made within thirty (30) business days after conclusion of bid opening. The procedure for withdrawal of bids due to error shall be according to Section 2.2 - 4330 of the Code of Virginia.
Specifications may be obtained through Wise County Schools Maintenance Department. (276)328-8281.
The Wise County School Board reserves the right to reject any and all bids and to waive all informalities.
ADVERTISEMENT FOR BIDS
Wise County Public
P.O. Box 3388
Wise, Virginia 24293
Separate sealed BIDS for the construction of the Stephens Sewer Line Extension Project for the Wise County Public Service Authority (PSA) which consists of the construction of approximately 8,775 linear feet (L.F.) of 8-inch gravity sewer, 1,565 L.F. of 6-inch gravity sewer, 5,725 L.F. of 4-inch service lateral, 65 sanitary sewer manholes, 67 sanitary sewer service connections and all related appurtenances, will be received by Mr. Alan Harrison, Executive Director, at the Wise County Public Service Authority Office, 5622 Industrial Park Road, Norton, Virginia 24273, until 2:00 P.M., local prevailing time, on March 27, 2014, and then at said office publicly opened and read aloud.
The CONTRACT DOCUMENTS may be examined at the following locations: Wise County PSA, 5622 Industrial Park Road, Norton, Virginia 24273; THOMPSON & LITTON, 103 East Main Street, Wise, VA 24293; AGC of America, Blountville, TN; Builder's Exchange, Inc., Knoxville, TN; McGraw-Hill Construction Dodge, Richmond, VA; Valley Construction News, Roanoke, VA.
Copies of the CONTRACT DOCUMENTS may be obtained from Thompson & Litton at 103 East Main Street, Wise, VA 24293; by writing P.O. Box 1307, Wise, VA 24293-1307; or by calling (276)328-2161. An electronic copy (CD or download) of the CONTRACT DOCUMENTS may be obtained upon receipt of a non-refundable deposit of $25.00 for each set. A hard copy of the CONTRACT DOCUMENTS may be obtained upon receipt of a non-refundable deposit of $200.00 for each set.
Each BIDDER must be licensed as a Class A contractor in the State of Virginia.
A non-mandatory Prebid Conference will be held on March 13, 2014, at 10:OO A.M. All interested parties are requested to meet the Engineer at the Wise County PSA Office, located a 5622 Industrial Park Road, Norton, Virginia 24273, at that time.
Withdrawal of bids shall be in accordance with the provisions of the Code of Virginia Section 2.2-4330.B.1 which states, the BIDDER shall give notice in writing of his claim of right to withdraw his Bid within two business days after the conclusion of the Bid Opening Procedure and shall submit original work papers with such notice. If a Bid is withdrawn, the next higher bidder shall be deemed to be the Low Bidder. No Bid may be withdrawn unless said withdrawal is permitted by law.
This is a federally assisted project. Bidders and contractors performing Work under this advertisement are bound by the requirements of President’s Executive Order 11246 as amended by Executive Order 11375; Title VI of the Civil Rights Act of 1964; Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of 1968; the Immigration Reform and Control Act of 1986.; the Davis-Bacon Act; the Copeland “Anti Kickback” Act; the Contract Work Hours and Safety Standards Act; and Public Law 100 202.
If the Bid is in the amount of $10,000 or more, the BIDDER and its SUBCONTRACTORS must comply with the provisions of Executive Orders 11246 and 11375, which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. BIDDERS must certify that they do not, and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed or national origin.
Wise County PSA is an equal opportunity employer. MBE/WBE firms are encouraged to submit bids.
The OWNER reserves the right to reject any and all Bids if it appears in his best interest to do so.
Wise County Public
By: Alan Harrison
March 4, 2014
ADVERTISEMENT FOR BIDS
Sealed bids for paint and painting supplies will be received at the office of the Supervisor of Maintenance, Wise County School Board, P.O. Box 1217, Building E, Wise, VA 24293, until 2:00 P.M. local time Thursday, March 27, 2014. All bids will be publicly opened and read aloud at this time. Contract awards will be made within thirty (30) business days after conclusion of bid opening. The procedure for withdrawal of bids due to error shall be according to Section 2.2 - 4330 of the Code of Virginia.
Specifications may be obtained through Wise County Schools Maintenance Department. (276)-328-8281.
The Wise County School Board reserves the right to reject any and all bids and to waive all informalities.