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Coalfield Public Notices 2-25-14
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TRUSTEE SALE

303 Poplar Avenue SW

Coeburn, VA 24230

Wise County

In execution of a Deed of Trust in the original principal amount of $27,000.00, dated September 28, 2001 recorded in the Clerk's Office of the Circuit Court of the Wise County, Virginia, in Document No. 200103913, at Page 000126, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Substitute Trustee will offer for sale at public auction at the entrance to the Wise County Circuit Court, Main Street, Wise, on March 6, 2014 at 9:30 AM the property described in said deed, located at the above address and briefly described as: Lot 4, Town View, with improvements thereon. Subject to any and all covenants, conditions, restrictions and easements, if any, affecting the aforesaid property.

TERMS OF SALE:  CASH: A deposit of $20,000 or 10% of the sales price, whichever is lower, cash or certified check, will be required at the time of sale with settlement within fifteen (15) days from the date of sale.  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 of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower 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 his deposit without interest. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this firm is a debt collector attempting to collect the indebtedness referred to herein and any information we obtain will be used for that purpose.

SAMUEL I. WHITE, P.C.

Substitute Trustee

This is a communication from a debt collector.

FOR INFORMATION

CONTACT:

SAMUEL I. WHITE, P.C. (4834)

5040 Corporate Woods Drive, Suite 120

Virginia Beach, Virginia 23462

757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m.

or visit our website at www.siwpc.net

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NOTICE OF SUBSTITUTE

TRUSTEE’S SALE

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

Substitute Trustee

LeClairRyan, A Professional Corporation

999 Waterside Drive

Suite 2100

Norfolk, Virginia 23510

(757) 441-8929

ray.king@leclairryan.com

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ABC LICENSE

Hometown Convenience, LLC, trading as Saint Paul Double Kwik Store #2072, 15714 Bull Run Rd, Saint Paul, VA, 24283-3328, Wise County, is applying to the VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) for a Wine and Beer off Premises license to sell or manufacture alcoholic beverages.

Donna Childers

Partner

NOTE: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices. Objections should be registered at www.abc.virginia.gov or 800-552-3200.

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TRUSTEE'S SALE

1733 Irondale Road

Big Stone Gap, VA 24219

In execution of the Deed of Trust dated March 22, 2006, and recorded as Instrument Number 200601175, of the Wise County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the entrance to the Wise County Circuit Court, Main Street, Wise, Virginia on February 28, 2014 at 9:00 AM the property more particularly described in the aforementioned Deed of Trust, located at the above address and briefly identified as follows:

All those certain lots, pieces, or parcel of land situated in the Wildcat Valley, Richmond Magisterial District, Wise County, Virginia and described as follows:

Adjoining the land of Bessie and G.H. Berry and Elgie Phillips;

BEGINNING at the east corner of the Elgie Phillips tract with the meanders of the Elgie Phillips line in the direction of the new road approximately Two Hundred and Forty-Seven (247) feet to the Bessie Berry Line; thence to the Bessie Berry line and G.H. Berry line Two Hundred and Eight and Seven Tenths (208.7) feet; thence with Elgie Phillips line Two Hundred Twenty-Five (225) feet to the old Wildcat Road; thence meandering with the old Wildcat Road Two Hundred Eight and Seven Tenths (208.7) feet to the point of BEGINNING. This being one (1) acre, more or less.

Tax No.: 016181

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 $6,000.00 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.

(14-00164)

FOR INFORMATION

CONTACT:

BROCK & SCOTT, PLLC

(Attorney for

TRUSTEE SERVICES

OF VIRGINIA, LLC)

44121 Harry Byrd Highway, Suite 245

Ashburn, Virginia 20147

(703) 840-4260

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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.

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PUBLIC NOTICE

APPLICATION FOR PHASE III BOND RELEASE OF COAL SURFACE MINING PERMIT

UNDER CHAPTER 19

TITLE 45.1

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 dmlrpublicnotice@dmme.virginia.gov.

RED RIVER

COAL COMPANY, INC.

Applicant

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Public Notice

Application for

Bond Reduction

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.

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