FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION
Lot containing 17,524 square feet, more or less, with improvements, situate at 2580 Oak Grove, in McGaheysville, Virginia (Rockingham County, VA)
Rockingham County Tax Map No. 128Dl-(l)-52
SALE: WEDNESDAY, APRIL 15, 2020, AT 11:30 A.M.
AT THE SOUTH STEPS OF THE ROCKINGHAM COUNTY CIRCUIT COURTHOUSE, 80 COURT SQUARE, HARRISONBURG, VIRGINIA FLORA Suzanne F. Thomas Phone: (540) 437-3100 ATT~~~~~ I PETTIT Attorney at Law Fax: (540) 437-3101 90 North Main Street, Suite 201 Direct: (540) 437-3120 P.O. Box 1287 [email protected] Harrisonburg, Virginia 22803
March 25, 2020
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 Wednesday, April 15, 2020, at 11:30 a,m,, at the south steps of the Rockingham County Circuit Courthouse, at 80 Court Square, Harrisonburg, Virginia.
I do not know what the foreclosure sale price for this property will be since it will be a sale at public auction. The 2019 Rockingham County tax assessed value is $277,300.
I believe this will be a great investment and encourage you to attend the auction.
Please do not hesitate to call me with any questions about this fantastic investment opportunity.
Very truly yours,
Suzanne F. Thomas
Suzanne F. Thomas
Enclosure www.Iplaw.com Charlottesville I Harrisonburg TABLE OF CONTENTS
Sale Ad: Terms of Sale
Pictures
Tax Assessment
Source Deed
Appraisal
Mortgage, Assignment of Leases and Rents, and Security Agreement
Supplemental Deed of Trust
Sample Foreclosure Auction Contract
Suzanne F. Thomas Flora Pettit PC 90 North Main Street, Suite 201 Harrisonburg, VA 22802 (540) 437-3120 (540) 437-3101 FAX sft(@fplegaLcom RESCHEDULED FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION
Very nice home in Woodstone Meadows with many improvements, on a 0.40 acre lot, located at 2580 Oak Grove, McGaheysville, Rockingham County, Virginia (Rockingham County Tax Map No.128Dl-(1)-52)
Sale will be held on the south steps of the Rockingham County Circuit Courthouse, 80 Court Square, Harrisonburg, Virginia, on
APRIL 15, 2020, AT 11:30 A.M.
BROKER'S PARTICIPATION ENCOURAGED
In execution of a Supplemental Deed of Trust dated March 5, 2019, of record in the
Clerk's Office of the Circuit Court of Rockingham County, Virginia in Deed Book 5106, page 507, securing the principal sum of $174,000.00, the undersigned Trustee will offer for sale at public auction:
All that certain lot or parcel of land, containing 17,524 square feet, more or less, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, situate at 2580 Oak Grove, McGaheysville, in Stonewall District, Rockingham County, Virginia, and being designated as Lot 52 on a plat of Woodstone Meadows, Section A-1, which plat is of record in the Clerk's Office of the Circuit Court of Rockingham County, Virginia, in Deed Book 964, page 164, and also described on the plat of survey made by Michael W. Mars, L.S., last updated June 12, 1995, which is attached to and recorded with that certain deed of record in the aforesaid Clerk's Office in Deed Book 1354, page 67.
Rockingham County Tax Map No. 128D1-(1)-52)
(the "Property").
The Property will be offered for sale on the south steps of the Rockingham County
Circuit Courthouse, 80 Court Square, Harrisonburg, Virginia, on
APRIL 15, 2020, AT 11:30 A.M.
TERMS OF SALE: Cash. Except for the party secured by the Deed of Trust, a non refundable bidder's deposit of $10,000, or 10% of bidder's actual bid, whichever is less, by cashier's or certified check will be required on the day of sale at the tim~ of sale and prior to bidding for the purchase of the Property. The entire amount of the successful bid must be paid in full, in cash, within thirty (30) days after sale. Risk of loss is on Purchaser from date and time of auction. Except for Virginia Grantor's tax, all settlement costs and expenses are Purchaser's responsibility. Current real estate property taxes will be prorated at closing. If Trustee does not convey title for any reason, Purchaser's sole remedy is return of deposit without interest.
Settlement shall be held within 3 0 days after the date of sale unless otherwise postponed at the sole discretion of the Trustee. This 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. This Property is sold As Is,
Where Is. It shall be the responsibility of Purchaser to obtain possession of the Property.
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 of
Purchaser 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 risk, cost and expense of the defaulting Purchaser.
FOR FURTHER INFORMATION, PICTURES, PLATS, CONTACT:
Suzanne F. Thomas, Esquire, acting for Flora Pettit PC, Trustee 90 North Main Street, Suite 201 Harrisonburg, VA 22803 (540) 437-3120 (540) 437-3101 (FAX) [email protected]
Bcckingham County R,,,assesmnent Card Thursday, Sep temb e r 12, 2019 1:45 pm
Map Number: 128D1-(l)- L52 Account NUlllber: 37529 Sketch Name: JEMA INVESTMENTS I.LC illddr: STONEWM.L 25SD OAK GROVE Oi!itrict~ 1 - - I MCGAIIBYSVILLEVA 22840 ------Acres: 0 . 4020 Desc: NOODSro!IE l!IEAOOWS L 52 S A-1 I I 1------I I I------I 911 Address: 2580 muc GROVE I DECK I I 1-----::---:-:--:--:- - ,,....----,---,------.-----=-,------,----- ..- ----,- I H IF DECK I Bui.l di.ng Descri p tio n Exterior ------,-- I nte r ior------I --I---- __ -I ____ I ______I------I Bui1ding~ l J;"mmd: SrNGLE DWELLING Walls : ~~s~~ Ii;!~, : I I I GABLE t aaths: 2 I 1.5 I 2 STY/0 I ~~~s: 2 Roof : Ag.,, ------~Amodll!1ed! - Roofing: !ISPHALT t.._t{;:B!lth: n!Y.WALL I STY I l Cond: GOOD Class: 2 i S£JEI IiES:ID - SING FAM Site Flgors: CARPET/VJ:IIYL IB IA I tlnits~ Heat: IUlll.T PCIMI? 11/C: Y I R/W: PUBLIC Fual : ELECTRIC I------1----I Pictur&: 65985 Terr: Fi.rep1ac@,~ 1 I llSTYl I------I water: COMMlmrTY Baseruont: 0 Se..,.r: COMMCINI'l'Y Base.Dase: I IC---I-I----I-I Gas: %Fin: I 1.5 S/0 I I PATI Elact: CON!lECTE!l Fin <;la.I.: GaraQ"e: jcars : I I 10---I IG I Land Use and Value Zoni ng 1------I Type IAcre.11; Price Value lloni ng: R5 AdJ:lt.l. Zoni ng : OLD PIC #3139, 65985 HOMESITE 0.4020 55000 55000 Adcltl . Zon1ng : 1:"to!~:t:f; Special Us,,: Conditioruu.. Rezoning :
Dimensions
Sect Type Stary Desru::iption A:z:@il 01:her :rmpr o ve meiits A J;ASE 2.0 H23-E37-S2B-ill.6-S2-Wl2-N7-119- 2030 B ADD 1.5 H23-Ell-S23-Kl1- 379 Dene Si2.• Cond Rat@ Value C ADO 1.0 N7-E9-S7-l19- 63 D PAT 1.0 N6-E8-S6-118- 48 DRIVEWAY-PAVED/CONCRETE A 1200 ... DECK l.O N10-E12-S10-I0.2- 120 9TORAG!! 12 X 20 G G,00 1440 G ADD l.5 N20-E20-S20•K20- 600 GAllJUW/P .. VILlC!I A 600 B DECK 1.0 N20-&20-S20-K20- 400
L""t Sa1e Priea : D0"d Book/Page: 4964 - 756 Structural Value Addition Values/l!"a.ctors Assessed Val.ue 'l:y-pe lu: Name: .JEMA I:NVESTMEN!l$ LLC Yeax L 2019 ssooc 222300 217300 ft , ... __ ... ,,.,., 2018 5500( 222300 277300 Prev-.1.o~• O""" rohip code -Soak Po.ge Date ~onJOido.rat.ion DEOICA:tION 964 164 2017 6500( 214200 279200 128D11 52 p 2016 6500( 214200 279200 IIOOOStONE MEADOWSINC 978 385 28000 1 281l1 l 52 p 2015 6500( 214200 21noo BRANIIEP. & ASSOC: 100 4 284 154000 2014 6500( 214200 279200 12801 l. 52 p PAff&P.SON EARL S JR. , PAIILA JEAN :L354 67 06/ 30/1995 164500 2013 65000 218700 283700 l.21101 1 52 X 2012 65000 218700 283700 TDdMO!IS JOHN' ii • MEI.:tt«>A J 1996 602 ~l/29/2001 184000 128D1. l S2 p 2011 65000 21.2800 217800 CAM!llLI,O ADAMA & 'l'ON:tA A 3857 711 04/04/2011 245000 2010 65000 212800 277800 U8D1 1 52 p I.01'1:NZO JESUS l'P.l\NCISCO LOIIR 496< 756 01/26/2018 2.009 35000 201600 23660( 128Dl l 52 JI 2008 35000 201600 236600 2007 35000 201600 236600 2006 35000 201600 236GOO 2005 25000 1G3300 168300 2004 25000 143300 168300 2003 2S000 143300 168300 2002. 25000 143300 168300 2001 31000 126300 157300 2000 31000 1-26300 157300 - ·- 1996-ey E,u:l s PattRr3 on Jr . & Vaula Jean . 2002-By Jo lln ff~ Melind a J Ti.molons . 2012-By Adam A• Tania A Campil lo (¢ j ) . 2011-~dde d 12"2 0 st ,-_~~-::,.. d,. d '¾, ~ .. 'A --; ' 77"'F,.;=r-r-Jl 2018-02043 B: 4984 P: 756 01/28/2018 02:47 PM Pages: 2 C haz W. Haywood, Clerk of court Prepared '8y: Tracy Bryan Horstkanp, EsquiNI Rockingham County, VA I 184 Hawling Place, SW, U4'$burg, VA 20175 Phone: 703.669.4935 VA Bat#39623 Retum to: Bankers Title Shenandoah 20 Bobby'$ Way, Suile 1O1,SrauntOD. VA24401 File Nwnl>er: Tille lnsuier: Umknown to Prcpuer/None Issued Tax Jd. No: 128D1-(l),U2 Grantu.s Address.: 2$30 Oalc: Grove, Mc CooridetMion: S0.00 Exempt from recordation tax pursuant to Virginia Code Section 58.1 ·8 J I (_A )(1.0). S'& \ . '& \\ ~')(.,) --- DEED--- THIS DEED is made this j_L day of .\~lj' .20J..A: by and between JESUS FRANCISCO LOHR LORE;NZO, wunarried, as Grantor, and JEMA INVESTMENTS, LLC, a Virginia limited liability company, as Grantee. WITNESSETH: That for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), cash in hand paid, and other good and valuable consideration. the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, in fee simple, with General Warranty with English Covenants of Title, llllto the Grantee, as sole owner, the following described property, with improvements thereon, located in the County of Rockingham, Virginia (the "Property''): All that certain lot or parcel of land. containing 17.524 square feet, more or less, together with all improvements thereon and all rights, privileges, appurtenances and easements thereunto belonging or in anywise appertaining, situate at 2580 Oak Grove, in Stonewall District, Rockingham County, Virginia, and being shown and designated as Lot 52, on a plat of WOODSTONE MEADOWS, Section A-1, which is of record in the Clerk' s Office of the Circuit Court of Rockingham County, Virginia, in Deed Book 964 at Page 164, and being more particularly described by a survey made by 201i--02043 S: 4964 p, 7~D1/2Gt.01S 02"7 P/4 Pag• 2 of :J: Michael W. Mars, L.S., last updated Jmte 12, 1995, a plat of which is attached to and recorded with that certain Deed of record in the aforesaid Clerk's Office in Deed Book J354 at Page 67. And being the same property conveyed unto the Grantor by Deed dated March 8, 2011, and recorded April 4, 2011, in Deed Book 3857 at Page 711, among the aforesaid land records. This conveyance is made subject to easements, conditions and restrictions of record insofar as they may lawfully affect the Property. WllNESS the following signature and seal: STATEOF COUNTY OF1i}ocl~1 \ r, :Q. ; ~ The foregoing ~ent was acknowledged before me this _LZ.. day of ~\A,h t:'oL:_) • 20-1.:6, by Jesus Francisco Lohr Lorenzo. My commission expires: ~'l--/0f q Notary Registration No.:O J6 2 Commonwealth Appraisal Services, Inc. Certiflecl Residential Appraisals BSPR2020020366 FIie No. 260553 APPRAISAL OF LOCATED AT: 2580 Oak Grv Mc Gaheysville, VA 22640 FOR: Athas Capital Group 27001 Agoura Road Calabasas, CA, 91301 BORROWER: Jesus Francisco Lohr Lorenzo ASOF: March 3, 2020 BY: Robert L Hansbrough Certified Reside ntlal Real Estate Appraiser 1980 Marigold Circle, Rockingham, VA 22801 540-434--9829 phone/fax SUBJECT PROPERTY PHOTO ADDENDUM Borrower: Jesus Francisco Lohr Lorenzo File No.: 260553 Property Address: 2580 Oak Grv Case No.: BSPR2020020366 City: Mo Gaheysville Slate: VA Zip: 22840 Lender; Athas CoplUII G,Gu FRONT VIEW OF SUBJECT PROPERTY Appraised Dale: Marcil 3, 2020 Appraised Value: S350. ooo REAR VIEW OF SUBJECT PROPERTY STREET SCENE Commonwealth Appraisal Sarvicas, Inc. Certified Residential Appraisals BSPR2020020366 FIie No, 260553 March 4, 2020 ACT Appraisal, Inc. Aihs• Capital Group 27001 Agoura Road Calabasas, CA, 91301 File Number: 260553 Daer Lender, In accordance with your request. I have appraised the real property at: 2580 OakGrv Mc Gaheysville, VA 22840 The purpose of this appraisal is to develop an opinion of lhe market value of the subject property, as improved. The property rights appraised are the ree simple interest In the site and improvements. In my opinion, the market value of the property as of March 3, 2020 is: $350,000 Three Hundred Fifty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value. descriptive photographs, limiting conditions and appropriate certifications. Respectfully Submitted, ~~~ Robert L Hansbrough Certifie;J Residential Reel Estate Appraiser 4001000968 Thank you for your business. 1980 Marigold Circle, Rockingham, VA 22801 540-434-9829 phone/fa~ Commonwealth Appraisal Services, Inc. BSPR2020020366 Uniform Residential Appraisal Report FIie No. 260553 ne ourJ)Ose ofthis summan, appraisal rooorl is 10 oravlde Inc lender/cllenl wilh an accurate, ano adequalelv suooorted. ooinlon or the market value of lhe -subiet:1 oroperty. l>tooortv Address 2580 Oak Grv Q v Mc Gahevsville SlalC VA Zlo Coda 22840 Bonow" Jesus Francisco Lohr Lorenzo Ownorof PublicReCOld Jesus Francisco Lohr Lomnzo coun1v Rookinoham L=al Descriotlon Woodstone Meadows L52 S A-1 DB 4964 PG 756 Assessors Partou 128CH1l-L52 Ta, Year 2019 R.E. Taxes S 2 168 Neinhborhcod Name Woodstone Meadows Man Refaronte 128C1-=71 l-l52 Cei1S1JSTrru:t 0103.00 I l ne,rnoolb Conkact Price s Dale of Contract Is 111e nmncrtv SllileJ iJ1e owner Of llllbic record? I IYes I INo Dala SOorcefsl Is the1e any ~nancial assistance (loan charges, sale concessions, gift or downpayment assislance, etc) lo be paid by any party on bellalf of lhe ba~ow.,? U ves LJNo If Yes, reporl the 101,1 dollar arnou nl and describe lhe items lo be paid. Note: Raa:and 1ha raclBI oomnos:illonof lhsocrahborhoocf aronot aoor_al5BI factors. fldghl>o1hood.Cho-sllc:S O1111,Ur)0l;lpuslngT""'4S One-Unit llobs!J,g f'ti:s:ont L&!MIU$!11' I 35 1(, Locallon I IUrban I lsubtirban IXI R\Jral Pronoitv Values I i lncieaslno IX lsrable l oec1r,,1no PRICE AGE one-llfln BIJIJl•U" I IQ\'1! r 75% I YI 25-75% I lunaer25% Oemand/Suoolv I IShortaoe IX l 1n Balance I I O:,er Su••' sroom {yr!\ H Unll 'I(, : Gro~lh I IRaold IX ISlablo I lstow Marke\inn i,me I 1Undor3mfhs IX 13-6mlhs I lover6 mlhs 125 LOIV 0 Mu!U-Fam"" % ~ Nelghborllood Boundaries West lo Harrisonburn al US RT 33 east to Rockv Bar al US RT 340 1500 ffioll 95 Commcic,al 35 % ~ north to Paae Countv at US RT 340, and south to AuQusta Countv. 300 Proo. 30 Olhllf vac 30 % IJcighborhoodOesaiplion This is an attached and detached reson communltv comoletewith ski slopes, oolf courses and a water nark. Nearbv is a neiohborhood shooolno center other residential subdivisions and middle school and a hl• h school. Ma 11 DimeflSions see attached mao Area 17511 sf Sha•o lrrenular Vie\'/ N·Res· Soetific •ZoninO Classllfcatlon R5 Zonlm o,,..,,intlon residential L:JSes and allows for condos and townhouses Z OIT•sltc1morov.cmenl!S-T.,...... Public Prtv;itc lJ1illUcs PublJc ou,crtdosdlbel Publlc other ( GENERAl,DESGDll>'TION FOUNfWION mERJeRDESCllll'TION ~mndlllntr WTERJOR IMIBlfals/aJJ(JIUDn· carnet/vinvf/nood Unils !YIOM I lone .tlh Ac~ = Unll I l Ccnct~le Slab IXICml/1~"- Foundalilln Walls concblk/aood Floors drvwalllaood # olS101ies 2 I Full Basement I I Pai1lal Basement Ex16lior Walls vinvl/brick/Qood Walls Tvno rxloei. I IAfl I ls.oet/End UnB Basemen! Araa o m.n. R!)ll(Stlfac., asosho/aood Trim/flnlsll oainted/aood vinvl/oood xl ExJsrrnu I I Pmoosed I l Untler ConsI. Basemen! Finlsh 0% Gullcrs ~ llowosooufs alum/oood Balh f loor BathWalnsccl ceramfc/nood Oe:;lonlSMe) contemo l Oulsido EnhvlE,lt I I Sl60D Pomo Wlndow TvM Insulated/ad 1 IYINone \'ea18uOI 1990 E,ldence or ! 1/JfestlUon SlormSasMnsu illled none Ca1S10tane t ofCars 0 Ellecllw Ane CYtsl 10 loamnness I I Se1Uemenl Screens none rorwewa• WoodStO\•e[s).fO Dri'lewav Surtace asnh-all AU!c None l-lealiM !Xl FWA II IHWBB I I I Radiant /unenilles 0 ltJronSlalr Slalrs lQther I Fuel ele XlFl rcola<;e{sl# 1 Fence none I GaraQI! I OI Cat$ I Floor X Stuille CooUoo IX ICcn~ill Air Condllionlno XIPallo/Oect deck X Porch front tea,- -# ol Cars 0 l euITL-111 l Flnlsl>cd ~eatro ltnd rVidual II IQ1h!!r IPool none Olher none IAtt. I loet f A"""ances i PI RcltinPrator IP I Ran•o/Oven X IOish-.w'lher IX IDi Are lhere •ny physical deficiencies or arlverse condilions Iha! aifecl lhe li,a~illlj. soundness, or structwal inleg1i~ of lhe ptope~)" U Yes [XJNa lfYes. descnbe. There does not aooear to tie anv adverse. condition on or near the sublact orooertv. Does lhe p1oper1y geneiall)' conform lo lhe neighborhood (functional ufilily, slyle, condilion, use, coosl1uct1on, elc,)? ~Yes U No If No. desaibe This nelohborhood has manv different sha= and size detached dwell!nns. Fame !he f u1" l !IC4 u.,rlil005 1"°"-._0!.Uft0111IOOIS Commonwealth Appraisal Services, Inc. BSPR2020020366 Uniform Residential Appraisal Report file No. 260553 There are 9 comoarable nmncrtlos cum,11llv llft'erea for sale In lhe-suble<:I nelohbo 00 Mv rcsea,ch I I did I Xldld not reveal nnv odor salilsor trans!ern or the s\Jblocl N e-tv forl1le tt,too v.,ars orlor to the efl'ecllve dalll of llliS a""~isat. Dato sou Summary or Sales Comparison Approach. See Attached Addendum - lridlcal~ Valua bv Sales ComOBIIScn An=ach S 360 000 tndlc,tedvatuobv: s,Josc;omnori~AnnroachS350 000 CoslA•-ochllfdovOlopodJS 420.100 intomtfA""-00.ch (ildcvolo"-e-" S See Attached Addendum . • This appraisal is made lAI ·asio ." LJ subject lo co"1plelion per plans anti specifications on lhe bas;, of a hypothetical cond;uon IhaI lile impro,emen~ have been complel~, 0 subject to Ille follow:ng repairs or a.llP.1alions on. the basis ot a l'lypolhe,lcai condition lhi'l Ihe repairs or alleralions h.ave been completed, or Osubject IO lhe follo1,ng required :i inspection l)ased. on 1h.e eJ1.lraordina ry assumplion [hrit 1he condition or d~fitiency doe-s not require al1e:r.aliar1 or repaLr: none aasc.d on ii -1;omplctc visual in~ pc: clloo ofthe i nU! rior and cxl eri or- ~r't'.!:as or u, e: subject properly, itcrl ned scope of work, s la tem en l of assumplions arH! 11 rnlt Ing condttlon5, aimiappralser's c:~rtlrlcallon, my (our)opinlon of lhe matkC!t vah.Jc, as deflned,.CJr ll"lc real property lhal •~ the sol>jecl of U1is reporl i!;;$ 350,000 osor 03/0312020 . which Is the d:.l!tl'I of lnsnectlon and tho cfrCcdva.da.1 0 or thisa"'"'al~ I. ~~ACltdtiu't.PJ.JlU771'flWl#aQIIGQFft Pq2d6 Commonwealth Appraisal Services Commonwealth Appraisal Services, Inc. BSPR20200203B6 Uniform Residential Appraisal Report file No, 260553 APPRAlSAL FEE: Aooraisers fee is $400.00 A reasonable exoosure Orne for the sublect oronertv develooed fndeoendenllv from the stated markelino time Is estimated lo be 90 davs. FIRREA Certification Stalemeht: The annraJser certifies and aarees that this a• nraisal reoart was oreoared in accordance with the reaulrements of Title XI of the Financial Institutions Reform Recove~ and Enforcement Act IFIRREAI of 1989 as amended /12 U.S.C. 3331 sen.\ and anv annJlcable lmolemenlino reoulations In effect at Iha time the annralser sions the certification. 2. Estimated value aooears to tie a tvno. Not in line with comoarables unadl usled or adiusled ranee. Correct accortfinolv. ANSWER. Corrected to read $350,000. 3. Review and correct the comments lhrounhout the recort to reconcile with lhe data. "It annears that the Comes would sunnnrt a value of $250 000" and "The final raconclliaflon of value of $240.000" do not a• ree with the sales arid. ANSWER. Corrected to read $350 000 NOTE: When correctino the final ootnlon of value, if it is hiaher than the most recent list orlce of $349 900 orovide a thorour,h exolanaUon alven the market did not acce"t II at lhat list orlce or hioher. Corrected 4. A comoarable sale within a mile of the subiecl Is reaulred· lo sunnnr( lhe lack of looaOan adlustmenJs and the-final oolnlon of value . • Exnand the search In distance and/or lime lun to 24 months) if necessarv, ANSWER. There is no need to exoand the distance due to the comns available for comnariscn. Rockinoham COuntv is the 3rd larnesl • countv in Vlrninla and sales are tvolcallv mllas aoart and do not reoulre adlustlna. -7 5. A comparable sale that brackets the subiecl's ane is reouired to suooort the adiustmenls and the final ooinlon of value. Exnand the search in distance and/or lime luo to 24 months\ lfnecessarv. ANSWER. This ls not necessarv.ADDED NEW COMP. 6. Exnlain whv the followinn sales were nol ullllzed: • 124 Cross Kevs Ct • 236 Pheasant Rd ANSWER. Both are In a resort communltv with a HOA fee. ..03/05/2020- 2. Everv sale utilized is Jess than half the subiacrs age. A comoarable sale that brackets the sublect's ane Is necessarv. It ls renuired to sunnort the adlustmenls and the final oolnion of value. Exoand the search in distance and/or time luo to 24 months\ If necessarv.AODED NEW.COMP. COST•APPROACliTOVALlJE(n"""'"'llredbvfannleMae) Provide adem ..,e 1nrormallon for lhp lendtr/dir,nl \o rei>licale\ha belOW costfiom,s and calCIJn1loas. Supporl farlhe opinion of sile value (summary of c<>mparable lanl sales or Olher melhoos for eslimaling Sile value) A search of the MLS for vacant lot sales oroduced 13 sales. As such, 11 Is Iha ooinion of the annraiser that the value of the slle as vacant is $50,000. ESTIMATED IX I REPRODUCTION OR I I REPLACEMENT COST NEW OPINION OF SITE VALUE ... . , .. ---·. • ••• • •• • ,.•n ·= s 50,000 304 388 ; Source ofcos! dala The Blue Book 0L1Jell!nn 3,106 So. fl. @S 98.00...... , -- - s 44 640 Qualil'I ra>m Fmm cost s,n,ice aood Efeci"' oale or co,1 ilala 0412019 Bsmt: 1116 Sa, ft @S 40.00 ...... - s '. Comments oo Cosl AoD Es1irnalll PRQJECtlNFOR.MATIONFOR.PIJDsllfannllcable\ ls-rhO oo•..,.=-!bu!aei incomrol ol lhe Homeo"'1ers' AssodallOn rMOA)? I !Yes I INo Ul111i'mnls\ f l oe1aci1ed I IAl!ached P(Dvlde-lhe lollo•Nirin inl'Ormallonfor PU Os ONL Vii Ille dl!ve!ooe,/burlder ,s in conrrol ol the HOA and lhe su"""' nrooorlv Is ao attadied dwelliM unil. ' -•Iname of ~""'"L Total numbarolunftssold To1a1 numbeI ol ohases Total number ol unils • Tolnl number cl ur,"15 rooted Total number of unilsforsalo Dala SOl.lceC.I • Was !he nr,...,.I cte.aled b, tho convet.sinaof an oxiSJflln bulldlnnlsl into a PUD? I IYos I No II V~: dale of converslon. f ~ Does !he "'""Ci cootaln anvrnul\1-d,:e!Mm unllS? I l ves l No Oala sourcelsl If No, Describe common elemen1s and recrea Li onal tai;ililies UADVett.l®itl011 Commonwealth Appraisal Services, Inc. BSPR2020020366 Uniform Residential Appraisal Report FleNo 260553 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of lhe Uniform Standards of Prc,fessional Appraisal Practice that pertain lo disclosure or distribution by me. 23. The borrower, another lender at the request of the bOfTOwer, the mortgagee or its successors and assigns, mo11gage insurers, government sponsored enterprises, and other secondary market par11cipants may rely on this appraisal report as part of any mortgage finance transaction that Involves any one or more of these par11es. 24. If this appraisal report was transmltled as an "electronic record" containing my 'electronic slgnalure.' as those terms are defined in appflcable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing e copy or representation of my signature, the appraisal report shall be as effective, enforceable end vafid as if e paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent mlsrepresentat!on(s) contained In this appraisal report may result In civil liability end/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and ag111es that 1. I directly supervised the appraiser for this appraisal assignment. have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and !tie appraiser's oer11flcation. 2. I accept lull responsibility for the contents of this appraisal report including, but not limited to, the appraise~s analysis, opini011s, statements, conclusions, and the appraiser's certification. 3. The appraiser Identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal finn), is qualifieo lo perform this appraisal, and Is acceptable to perform this appraisal under the applicable slate law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record' containing my "electronic signature," as these terms are defined In applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effecUva, enf6rceable and valid as if a paper version of this appraisal report were delivered containing my orlglnel hand written signature. SUPERVISORY APPRAISER (ONLY IF REQUIRED} Signature______Name ______::~Zt~ Kitchen Comment: Living Area Description: living room Comment: Bathroom Description: Comment: half beth INTERIOR PHOTOS Borrower: Jesus Francisco Lohr Lorenzo File No.: 260553 Property Address: 2580 Oak Grv Case No.: B.SPR2020020366 City: Mc Gaheysvllle Stale: VA Zip: 22840 Lender. A""" c... .., G,... Bathroom comment: Bathroom comment: Foyer Comment: frlQMU1612JU BATHROOM PHOTOS Borrower: Jesus Francisco Lohr Lorenzo FIie No.: 260553 Property Address: 2580 Oak Grv Case No.: BSPR2020020366 City: Mc Gaheysvllle State: VA Zip: 22840 Lender: Alhu caoaal Go,u Comment: dining room famllyroom Comment: laundry Comment: Borrower: Jesus Francisco Lohr Lorenzo FIie No,: 260553 Property Address: 2580 Oak Grv Case No.: BSPR202002osss Clly: Mc Gaheysvllfe State: VA Zip: 22840 Lender:""'"~'=• game room, was a garage stairs to 2nd floor exercise room over the had been a garage Borrower: Jesus Francisco Lohr Lorenzo File No.: 260663 Property Address: 2580 Oak Grv Case No.: BSPR2020020366 City: Mc Gaheysyllle Slate: VA Zip: 22840 Lender: Aihas enpl!NG""'• bedroom hallway bedroom FLOORPLAN SKETCH Borrower: Jesus Francisco Lohr Lorenzo FIie No.: 260553 Property Address: 2580 Oak Grv Case No.: BSPR2020020366 City: Mc Gahe,ysvllle State: VA Zip: 22840 Lender: 'Alh.. Caolld G...uo "' ~ - - ~- .. .,. .,._ ~ ilo.i,.,.111 ,. ,r•mr,ni- -- ,_ - - ·- ..._ ~ i u,..., • ,..,_ ~ ,. - - n 11: ,,. ... B h ll b loKlN- ~ -- e . .,. '-,, . Comment&: AREA CALCULATIONS SUMMARY LIVING AREA BREAKOQWN I Code Oeiu:ifpCJon NolSlzli NelTolal,J- B- Sublatala GLAl fir11t noor 1668.0 1668.0 li'ustr1.c>= GL>l2 Second lrloor -1C38.0 U38. 0 20.0 .. 13.0 210.0 P/P Ced: 520.0 28.0 • tB.O l3M.O IO£Cb C8. 0 S68.0 2.0 32.0 1<1.0 a.cc,,dEoor • 10.0 13.0 130.0 ,e.o • 10.0 •eo.o 5.0 .." ,3.0 215.0 2.0 .. 27.0 s,.o 13.0 .. Q,O !1!111.0 Net LIi/ABLE Area (rounded) 3108 81t&ms (rounded) 3108 1980 Mangold Circle, Rockingham, VA 22B01 540-434-9829 phone/fax 2018-03030 B: 4968 P: 76 02/071201812:DB PM Pages: 18 Chaz w, Ha,'WOOd, Clerk cf Court Rockingham county, VA This instrument was prepared by and shall be returned to; Sharon Ann Cox. P.A. 7154 N, University Drive, Suite 283 Tamarac, Florida 33321 Tel; 561-235-21 B 'TM(. Ma..p '. \J..8D\-(l \ -J.. 62 THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $174,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, AND SECURITY AGREEMENT THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, AND SECURITY AGREEMENT (this "Mortgage·'), is executed and delivered as of FEBRUARY 5, 2018, by .JEMA INVESTMENTS LL<; a Virginia Lbnitrd Liability Cornplllly, whose address is 2..'iRO Oak Grove. McGaheysville, Virginia 22840, {hereinafter called "Mortgagor"), to PILJES LLC. a Florida Umitoo liability company, ISAOA/ATIMA whose address is 11115 W. Okeechobee Road, Suite !78, Hialeah Gardens, Florida 33018 (the "Mortgagee"), which terms Mortgagor and Mortgagee, shall include all naturnl and artificial persons described as Mortgagor and Mortgagee, and shall be deemed 10 extend to, bind and benefit their respective heirs, executors, administrdtors, successors, legal represe11tative.s and assigns. WITNESSETH: For payment of the sum of Ten and 00/100 ($10.00) Dollan; and other good and valuable consideration and to provide additional collateral 10 secure the payment of the sums of money doe under a One Hundred and Seventy Four Thousand Dollars ($174,000.00) Promissory Note {the "Note'1 of even dale herewilh from Mongagor to Mortgagee, together with interest thereon, and all other sums of money secured hereby as hereinarter provided, Mortgagor does hereby grant. mortgage, transfer and se1 over to Mongagee all ofMortgagor's righl, title and interest in ancl to the following (hereafter collectively referred 10 as the "Ptoperty"}: (A) All ofMorLgagm's righti; and intcrc~ls in and 10 !he real propcny legally dc~i.:rib~J as follows: All thar cer1ain lrn or parcel of land, comarning 17.524 ,quare feet, more or less, 1ogelher wi (Bl All structures, and improvements of every nature whatsoever now or hereat\er situated on 1he said Real Property. and all furniture, furnishings. fixtures, machinery, equipment. invc-ntory. and materials on site, and persooal property of every nature whatsoever IJOW or hereafter owned by the Mortgagor and locatoo in, on or used or intended to be LJsed in connection with the operation of said Real Propeny, buildings, structures, or o!hcr improvements, including all extensions, additions. improvements, beuerments. renewals and repJacemenis to any of the foregoing (lhe "Improvements"). and all casuaJcy insllnlllce proceed~. coodemnatkin awards and renrn to be V . ~ \ 2018--0~0J0 B: 4968 P: 9002/07t.1018 12;08 PM Page 15 of 18 U.S. Code, as amended, or otherwise. on or against the exercise of the rights and remedies othorwise available to Mortgagee as provided in the Loan Docwnents. and as otherwise provided by law. 52. MORTGAGEE AND MORTGAGOR HEREBY KNOWINGLY, VOLUNTARJLY AND INTENTIONALLY WAIVE Tim RIGHT EITHER MAY HA VE TO A TRrAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH TIIlS MORTGAGE. THE NOTE AND ANY OTIIER LOAN DOCUMENTS, AND ANY AGREEMENT CONIBMPLATED 10 BE EXECUTED IN CONJUNCTION HEREWITH OR TIIEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRrITEN) OR ACTIONS OF El'IHER PARTY. THIS PROVlSION IS A MATERIAL INDUCEMEr-.'T FOR THE MORTGAGEE EXTENDING CREDIT TO MORTGAGOR. THIS IS A BAl,LOON MORTGAGE AND THE F1NAJ, PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UNDER THE PROMISSORY NOTE REFERRED TO IN THlS INSTRUMENT UPON MA TUR.ITY IS $174,()00.00, TOGETHER WITH ACCRUED INTEREST, II<' ANY, AND ALL ADVANCEMENTS MADE l:IY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. IN WITNESS WHEREOF, the Mortgagor has exect1ted thi1, Mortgage aod Security A.gy-eement the date and year first written above. Signed, sealed and delivered in the presence of: WITNESSES: MORTGAGO.R: ORENZO STATE OF FLORI.Q~ • /'1 A COUNTY OF /'T/r' 15 2018~3030 B: 49(;9 F:930Ul71201812:0B FM Page 18 ol 18 SCHEDUlEA TAX MAP NUMBER; 128D1-(I)-152 ALL THAT CERTAIN LOT OR PARCEL OF LAND, CONTAINING 17.524 SQUARE FEET, MORE OR LESS, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE AT 2580 OAK GROVE, IN STONEWALL DISTRICT, ROCKINGHAM COUNTY, VIRGINIA, AND BEING SHOWN AND DESIGNATED AS LOT 52, ON A PLAT OF WOODSTONE MEADOWS, SECTION A-1, WHICH IS OF RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA, IN DEED BOOK 964 AT PAGE 164, AND BEING MORE PARTICUU\RLY DESCRIBED BY A SURVEY MADE BY MICHAEL W. MARS, LS., LAST UPDATED JUNE 12, 1995, A PLAT OF WHICH IS ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF RECORD IN THE AFORESAID CLERK'S OFFICE IN DEED BOOK 1354 AT PAGE 67. 2019-~9543 B: 5106 P: 507 04/17/2019 03:11 PM P~Q~S: 13 Ch.a 2: W Ho.it~oo1.i, G lt:", fl c:i J Co,ir t 1 R0ck Jrigt-1.i.ilt Coi..Ant :r /4i THlS DOCUMF.NT WAS PREPARED BY ANO R£l1JJO.l TO: SUZANNEF. THoMAs (VSB#23867) LENHART PE'TTIT PC 90 NORTH MAIN STREET, SUITE 201 HARR.ISONBURO, VJRG[NlA 22802 Trll.E INSURANCE UNDERWRITER INSUR.lNG THIS LNSTRUMENT: NONE ROCKTNOHAM COUNTYTAXMAPNO.: 128D1-{l)-52 ,go9 nus INS1RUMENT JS EXEMPT FROM RECORDATION TAXES PURSUANT TOVA. CODE § ss.1.--. BEING RELArED AND SUl'PLEMENTAL TO THE MORTGAOE RECORDED IN DBED BooK 4968, PAGE 76 IN THE ORJOINAL PRINCWAL AMOUNT OF $174,000.00ONWHJCH TAX HAS BEEN PAID. SUPPLEMEN1'AL DEED OF TRUST THIS SUPPLEMENTAL DEED OF TRUST (this "Deed ofTrust"), made as ofthe 5th day of March, 2019, by and among JEMA INVESTMENTS LLC (also known as JEMA INVESTMENTS. LLC), a Virginia limited liability company (the "Grantor"), and LENHART PEmT PC, as JRUSTEE, having a business address of 90 North Main Street, Suite 201, Hauisonburg, Virginia 22802, ("Grantee"), and PU.JES LLC, a Florida limited liability company (together with its successors and assigns, "Lender" or "Beneficiary"). RECITALS WHEREAS, the indebterlness and obligations ofGrantor to Lender (the "Obligations") are secw-ed by the Mortgage, Assignment of Leases and Rents, and Security Agreement dated February 5, 2018 (the Mortgage"), in the original maximum principal amount of $174,000.00, whereby Grantor conveyed certain real property as more fully described therein (the "Property''), to Lender, which Mortgage is recorded in the Clerk's Office of the Circuit Court of Rockingham County, Virginia, in Deed Book 4968, page 76 (the "Deed of Trust''); and WHEREAS, Grantor and Lender, as part of a workout arrangement for payment of the Obligations, desire to utilize the preferred method in lhe Commonwealth of Virginia in order to better secure the Obligations ofGran tor to Lender with the recordation of a Deed of Trust; and l 2<119-09$43 B: 5106 Pc6080~11712019 03:11 PM P-.ie i ol 13 WHEREAS, this Agreement is given to supplement the Mortgage with this Deed ofTrust. AGREEMENT NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: That for and in consideration ofthe indebtedness hereinafter described, the receipt ofwhich is hereby acknowledged, and upon the trust hereinafter declared, the Grantor does hereby grant and convey with General Warranty and English Covenants ofTitle wito Lenhart Pettit PC, Trustee, Grantee, all that certain lot or parcel of land, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining to the real estate described in Exhibit A attached hereto and made a part hereof (the "Property"}. IN TR.UST, NEVERTHELESS, to secure the payment of the principal sum of ONE HUNDRED SEVENTY-FOUR THOUSAND AND 00/100 DOLLARS ($174,000.00), payable to the Beneficiary, and all interest accruing thereon, evidenced by that certain baJloon promissory note dared February S, 2018 in the principal sum of One Hundred Seventy-four Thousand and 00/100 Dollars ($174,000.00), made by Grantor, bearing interest as therein provided and maturing on February 29, 2020, if not sooner paid (the "Note''), and further to secure the reimbursement to Beneficiary for any and all costs and expenses including without limitation reasonable attorneys' fees incurred. in connection with collection or protection of the Obligations or other protection of Beneficiary's security, rights or remedies wider the obligmions of1his Deed ofTrust. Grantor shall not commit or suffer any waste, nor pennit or suffer any impainnent or deterioration of the Property, or any part thereof. Grantor will at all times keep and maintain the 2 2019-09643 a, 5106 P: 50904/17/2019 03:11 PM Poat 3 of 13 Property in good and safe condition. Gran.tor will comply with all statutes, orders, raiuirements or decrees relating to the Property. Grantor shall not permit any mechanics' or other liens incurred by it or on its behalf to be or to remain perfected against the Property. Any such liens which may be filed shall be satisfied, secured or insured over within thirty (30) days after filing by posting with the Beneficiary, a title insurance company or an appropriate court a bond in form and amount satisfactory to the Beneficiary or providing an endorsement to the Beneficiary's title insurance policy containing affirmative coverage regarding tbe mechanics' or other lien. Gran tor shall exercise good faith and shall exert reasonable efforts to maintain the Property at aJl times so that (i) the Property is free from "hazardous substances" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§9601 ~ ~ as amended, and the regulations promulgated pursuant thereto and (ii) the Property is not subject to federal, state or local regulations or liability because of the presence of stored, leaked or spilled petroleum products, waste materials 01 debris, "PCB's" or PCB items (as defined in 40 C.F.R. §761.3), underground storage tanks, "asbestos" (as defined in 40 C.F.R. §763.63) or the past or present accumulation, spillage or leakage of any substance. Grantor shall provide to Beneficiary, within five (5) days after Grantor's receipt ther!!of, copies of all notices from federal, state or local governments or agencies alleging any such threat or danger or alleging any violation of any environmental or other statute, ordinance, regulation or rule, or requesting infonnation regarding the Property's compliance witb the same. A copy of the Grantor's response to such notices or requests shall be provided to Beneficiary simultaneously with the response to such government or agency. 3 2019-d'l643 II: 5\O6P:51OO•/1712O190S:11 PM Pago• of13 Grantor will, at its expense, perform such further acts and execute, acknowledge and deliver all modifications and corrections to this Deed of Trust and further assurances as the Beneficiary shall from time to time reasonably require, for the better assuring. assigning, transferring and confirming unto the Beneficiary (or the Trustee) the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or for carrying out the intention or facilitating the perfonnance ofthe tenns ofthis Deed ofTrust, or for filing, registering or recording this Deed ofTrust. Granter hereby assigns to Beneficiary all rights of Grantor to insurance proceeds arising from casualty damage to the Property and condemnation proceeds arising from taking by eminent domain any of the Property, for purposes of application of such proceerls to payment of the Note. In the case of damage or destruction to the Property, Beneficiary at its option may make proof of loss to the insurer. Grantor shall not settle or otherwise compromise any claim for insurance proceeds or condemnation proceeds without the Beneficiary's prior written consent. However, the Beneficiary shall not be liable or responsib]e for failure to attempt to collect or exercise diligence in the collection of any insurance -proceeds or condemnation proceeds. Grantor hereby absolutely assigns and transfers to Lender a11 the leases, rent, issues and profits of the Property (collectively "Rents"). Although this assignment is effective immediately, so long as no Default exists, Lender gives to and confers upon Grantor the privilege under a revocable license to collect as they become due, but not prior to accrual, the Rents and to demand, receive and enforce payment, give receipts, releases and satisfactions, and sue in the name of Grantor for all such Rents. Grantor represents there has been no prior assignment ofleases or Rents except pursuant to the Mortgage, and agrees not to further assign such leases or Rents. Upon any occurrence ofDefault. the license granted to Granter herein shall be automatically revoked without 4 2019-09643 B: 6106 P: 51104/1712019 03:11 PM P"I!• 5 of 13 further notice to or demand upon Grantor, and Lender shall have the right, in its discretion, without notice, by agent or by receiver appointed by a court. and without ~gard to the adequacy of any security for the Obligations, (i) to enter upon and take possession of the Property, (ii) notify tenants, subtenants and any property manager to pay Rents to Lender or its designee, and upon receipt of such notice such persons are authorized and directed to make payment as specified in the notice and disregard any contrary direction or instruction by Grantor, and (iii) in its own name, sue for or otherwise collect Rents., including those past due, and apply Rents, less costs and expenses of operation and collection, including attorneys' fees, to the obligations in such order and manner as Lender may determine or as otherwise provided for herein. Lender's exercise of any one or more of the forgoing rights shall not cure or waive any Default or notice of Default hereunder. THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY. This Deed ofTrust shall be construed to incorporate the provisions of Section 55-60 ofthe Code of Virginia (l 950), as amended, in the short form indicated, as follows: Subject to call upon default. Exemptions Waived. Advertisement required: Once a week for two (2) successive weeks, in a newspaper published or having general circulation in the County of Rockingham, Virginia. Insurance required: Not less than the fuJl insurable value of the Property and all improvements, naming Beneficiary as loss payee. Substitution of Trustee(s) permitted in the discretion of the Beneficiary, with or without cause. Any Trustee may act. 5 201i-OS64~ ii; 610• P:6120•11712019 03:11 PM Pago• of 13 Renewal, extension or reinstatement pennitted. Right of anticipation resetved as provided in the Note. This Deed of Trust is governed by and is in accordance with Sections 55_5g to 55~66, both inclusive, of the Code ofVirgirua, 1950, and any amendments and additions to said Sections. The Trustee, at the request of the Beneficiary, shall sell the Property for cash or upon such terms and conditions as the Trustee may deem expedient, and at such time and place as the Trustee may consider advisable, at public auction, after having first advertlsed the time, place and terms of sale not less than once a week for two weeks, which may be consecutive weeks (or, at Beneficiary's election, such other minimum time frame pennitted by the Code of Virginia (1950), as amended), which period of Lime shall run e-0ncurrently with the l 4•day notice period set forth in Section S5- 59.1 of the Code of Vil·gin.ia (1950), as amended, in a newspaper published or having general circulation in the county or city wherein the Property lies, and the proceeds of any such sale shall be applied as provided by Section 55-59.4 ofthe Code ofVirginia (I 950), as amended. The Trustee shall be entitled to a commission equal to five percent (5%) of the gross proceeds of sale, plus the amount of any reasonable attorneys' fees incurred by Trustee in furtherance of its duties or in defense of its actions or this Deed of Trust or two Md one-half percent (2 ½%) of the balance due on the principal sum and accrued interest if advertised but settlement is made before sale. At any sale made hereunder the Trustee may require that each bidder deposit a sum of not more than ten percent (10%) of the then principaJ amount of the Note. In the event of any foreclosure hereunder, the Beneficiary shall have the right to cause to be transferred or cancelled, effective as ofthe date of foreclosure, any and all insurance policies then outstanding on the Property and the proceeds of such transfer or cancellation shalJ be accounted for and disbursed as though they were a part ofthe proceeds of sale of the Property. The insurance companies issuing such policies of insurance are 6 2019-09643 B: 5106P:61304/17/201903:11 PM P•A•7 of 13 authorized hereby to transfer or cancel the same upon the sole order of the Beneficiary and to remit the proceeds of any such cancclletion to the Beneficiary alone. If, before or at the time ofthe sale, the Trustee shall deem it proper for any reason to postpone or continue the sale, Trustee may do 50, in which event advertisement of1he postponed sale shall be in the same manner as the original advertisement The Trustee and the Beneficiary shall have the right to inspect the Property at such reasonable time or times as they may desire, either in person or through their duly authorized agents or representatives, provided that Beneficiary shall notify Grantor in advance of any planned inspection by Beneficiary. Any Default under the Note, end any failure to comply with the obligations of Grantor under this Deed of Trust shall constitute an "Event of Default" or a "Default." Upon the occurrence of an Event of Default, as above provided, Trustee and Bcoeficiary may, at their option, instead of foreclosing this Deed of Trust by advertisement and sale as hereinabove provided. institute appropriate judicial proceedings for foreclosure and, upon the institution of such proceedings shall, upon application therefor, at their option and without notice, be entitled to have a receiver appointed to take possession of the Property hereby conveyed. The Trustee or Beneficiary shall be entitled to all of the rents, issues and profits arising therefrom during the pcndency of any such judicial or non-judicial foreclosure proceedings. Grantor hereby grants to Beneficiary a security inlerest in and to all furniture, furnishings, fixtures, appliances, equipment and all other tangible personal property now or hereafter located in or upon the Property and used or usable in connection with the use, occupancy or operation of the Property, and including without limitation lighting fixtures, fencing, doors, screens, heating and cooling equipment, water tanks and pipes, faucets, and other plumbing and heating fixtures, 7 2019.()9643 El: ~106 P, 61404/17l20U 03:11 l'M P111e 8 of 13 and landscaping improvements now or hereafter located at, in or on the Property. The parties agree that this Deed ofTrust shall constitute a "security agreement" and that the recordation ofthis Deed of Trust shall constitute a "fixture filing" (as both of such terms are defined in the Uniform Commercial Code as adopted in the Commonwealtll of Virginia, as amended from time to time, hereafter the "UCC"). Without the prior written consent ofthe Lender. the Orantor shall not create or suffer to be created pursuant to the UCC any other security interest in said items, including replacements and additions thereto. Upon the occurrence and continuation ofa Default, including the covenants to pay when due all sums secured by this Deed of Trust, the Lender shall have the remedies of a secured party under the UCC and, at its option, may also invoke the l:fflledies provided herein for Default. Concurrently with the Lender's exercising any of its remedies as a secured party under the UCC, the Trustee may proceed against the Property separately or in conjunction with the Lender and in any order whatsoever, without in any way affecting the availability ofthe Lender's remedies under the UCC or oflhe remedies provided herein for Default. Beneficiary may take such steps to protect and enforce its rights whether by action, suit or proceeding in equity or at law for the specific perfonnance ofany covenant, condition or agreement in this instrument or the Note, or in aid of the execution of any power herein granted. or for any foreclosure hereunder. or for the enforcement of any other appropriate legal or equitable remedy or otherwise as Beneficiary shall elect. All remedies available to Beneficiary with respect to this instrument and the Note are cumulative and may be pursued separately, succcssivc:ly or concurrently at the sole subjective direction of Beneficiary and may he exercised in any order and as often as Beneficiary detennines. No delay or failure by Beneficiary to exercise any right or remedy under this instrument or the Note shall be construed to be a waiver of that right or remedy or of any default hereunder. Attainment of a judgment against Grantor or levy of that judgment 8 2019--0!1643 B: 510$ P:61604/tT/201 9 03:11 PM P•a• S of13 shall not impair or constitute satisfacLion of the Obligations secured by or discharge of the lien of this Deed of Trust, which shall remain until all obligations of Grantor secured hereby have been fully and finally paid and discharged. Should either Grantor or the Property conveyed ~Y this Deed of Trust be involved in any insoJvency, receivership, bankruptcy, either voluntary or involuntary, or other proceedings affecting the possession of the Property, it is further covenanted and agreed that Trustee or Beneficiary shall be entitled to all of the rents, issues and profits realized from any such proceedings. whether there be a default under this Deed of Trust. as above provided, or not. Grantor further agrees that in case of any sale hereunder, ifGrantor still is in possession of the Property, Grantor wil1 at once surrender possession of the Property, and will from that moment become and be the tenant at will of the purchaser, and removable immediately by writlen notice from purchaser or by process as upon a forcible and unlawful detainer suit, hereby agreeing to pay such purchaser the reasonable rental value of the Property after such sale and the costs including all attorneys' fees of purchaser arising from any such removal whether or not by Court action. Grantor hereby waives any rights or remedies on account of any extensions of time, releases granted or other dealings between Beneficiary and any subsequent owner of the Property. The foregoing waiver shall not be construed as affecting or otherwise amending the covenants of Grantor contained herein. Grantor waives the benefit of all laws now existing or that hereafter may be enacted providing for (i) any appraisement before sale of any portion of the Property and (ii) in any way extending the time for the enforcement of the collection ofthe Note or the debt evidenced thereby or any of the other Obligations. To the full extent Grsntor may do so, Grantor agrees that Orantor will not at any time insist upon, plead, claim or seek to take the benefit or advantage of any law now or hereafter in force providing for any exemption (including homestead exemption). 9 2019-0964~ B, 61Q6 P:61604/17/2019 03;11 PM Paa• 1-0 of 13 appraisement, valuation, stay, extension, redemption or extension; and Grantorand Grantor's heirs, devisees, representatives, successors and assigns, and for any and all persons claiming any interest in the Property, to the extent pennitted by law, hereby waive and release all rights of valuation, appraisement. redemption, stay of execution, notice of election to declare mature or due in full the whole of the secured indebtedness and marshalling in the event of foreclosure of the liens hereby cre.ated. Grantor further waives any and all notices including, without limitation. notice ofintention to accelerate and of acceleration of the Obligations. TO THE EXIBNT PERMITTED BYLAW, THE GRANTOR HEREBY EXPRESSLY WAIVES AND RELEASES ANY REQUIREMENT OR OBLIGATION THAT THE BENEFICIARY OR THE TRUSTEE PRESENT EVIDENCE OR OTHERWISE PROCEED BEFORE ANY COURT, CLERK, OR OTHER nJDICIAL OR QUASI-JUDICIAL BODY BEFORE EXERCISE OF THE POWERS OF SALE CONTAINED rN THIS DEED OF TRUST AND 1N SECTION 55-59 AND SECTIONS S5~59.1 THROUGH 55-59.4 OF TIIE CODE OF VIRGINIA (1950), AS AMENDED. To the full extent the Grantor may do so, the Grantor hereby waives and relinquishes'. (a) all rights lo a marshalling of the assets of the Grantor, including the Property. or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshalling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration ofestates of decedents, or other matters whatsoever to defeat, reduce or affect the right of the Beneficiary under the tenn.s of the loan documents to a sale of the Property for the collection of the Obligations without any prior or different resort for collection, or the right of the Beneficiary to the payment of the Obligations out ofthe proceeds of sale of the Property in preference to every other claimant whatsoever, (b) any and all rights and remedies which the Grantor may have or be able to assert by reason of the provisions of any laws pertaining to the rightc; and remedies of i;ureties; (c) the defense oflaches and any applicable statutes or limitation; and IO 2019-09543 S: 6106 P: 5170"'17120tS 03:11 PM P19t 11 of 13 (d) the parties hereto waive trial by jury in any action, proceeding, or counterclaim brought by any of the parties against the other on any matter whatsoever arising out ofor in any way connected with any ofthe Loan Documents or the parties' performance thereunder, or any claim of damage resulting from any act or omission of the parties or either of them in any way connected with the loan or this Deed of Trust. Any notices, demands or requests shall be sufficiently given Grantor if in writing and mailed or delivered to: 2580 Oak Grove McGaheysville, VA 22840 and to Lender and Trustee if in writing and mailed or delivered to: P.O. Box 1287, Harrisonburg, Virginia 22803 (mailed), or 90 N. Main Street, Suite 201 , Harrisonburg, Virginia 22802 (delivered) This Supplemental Deed ofTrust shall constitute, with the Mortgage, a first priority lien in favor of Lender, and Grantor represents and warrants to Lender that no other liens exist on the Property. A release of this Supplemental Deed of Trust shall be deemed automatically to release the Mortgage. Th.is Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Grantor consents lo the jurisdiction and venue of the State courts of Harrisonburg and Rockine)lam County, Virginia, or the United States District Court for the Western District of Virginia, sitting in Harrisonburg, Virginia, as to any action arising out of or otherwise related to the Note, Mortgage and Supplemental Deed of Trust. 11 2015.00643 B: ti106 P: 6180411712019 03:11 PM P•e• 12 of13 IN WITNESS WHEREOF, Grantor has signed and sealed this instrument as ofthe day and year first above written, upon due authority. JEMA INVESTMENTS LLC By: ______(SEAL) Printed Name: .Jesus Lohr Its; __-F-AA~..,_:,;.·__;M;:::a::::o=ag""'e:..::r:....._ ___ _ 7 STATEOF ~t-01\..1..";>f::::. COUNTY/CITYOF ~ , to-wit: The foregoing Supplemental Deed ofTrust was personally acknowledged before me in the jurisd\~tion aforesaid this -1....Z day of 1'--{_,,. ...,t_)- 2019, by >f.. Sv r L....c> l-\ f-. , who is the kl ~ r-'- of JEMA INVES,JMENTS LLC, a Virginia limited liability company, on its behalf, upon due authority. He is [tH,crsonaJly known to me or [ ] has produced ______as identification. My commission expires: ______ [SEAL] 12 EXHIBIT A Real Property Description All that certain lot or parcel of land, containing 17,524 square feet, more or less, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, situate at 2580 Oak Grove, McGaheysville, in Stonewall District, Rockingham County, Virginia, and being designated as Lot 52 on a plat of Woodstone Meadows, Section A-1, which plat is of record in the Clerk's Office of the Circuit Court of Rockingham County, Virginia in Deed Book 964, page 164, and also described on the plat of survey made by Michael W. Mars, L.S., last updated June 12, 1995, which is attached to and recorded with that certain deed of record in the aforesaid Clerk's Office in Deed Book 1354, page 67. This is the same property acquired by JEMA INVESTMENTS, LLC from Jesus Francisco Lohr Lorenzo, unmarried, by deed dated January 12, 2018, which is recorded in the aforesaid Clerk's Office in Deed Book 4964, page 756. Tax Map No: 128D1-(1)-52 740713.DOCX 13 CONTRACTFORPURCHASEOFPROPERTY AT FORECLOSURE SALE Rockingham County Tax Map No. 128Dl-(1)-52 Lot 52 Woodstone Meadows, Section A-1, 2580 Oak Grove, McGaheysville, Virginia THIS CONTRACT OF PURCHASE made and entered into this 15th day of April, 2020 ("Contract Date"), by and between ______("Purchaser") and Suzanne F. Thomas, for Flora Pettit PC Trustee ("Seller"). WHEREAS, Purchaser was last and highest bidder at the public auction for the sale of the real estate known as: All that certain lot or parcel of land, containing 17,524 square feet, more or less, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, situate at 2580 Oak Grove, McGaheysville, in Stonewall District, Rockingham County, Virginia, and being designated as Lot 52 on a plat ofWoodstone Meadows, Section A-1, which plat is of record in the Clerk's Office of the Circuit Colll1 of Rockingham County, Virginia, in Deed Book 964, page 164, and also described on the plat of survey made by Michael W. Mars, L.S., last updated June 12, 1995, which is attached to and recorded with that certain deed of record in the aforesaid Clerk's Office in Deed Book 1354, page 67. Rockingham County Tax Map No.128D1-(1)-52) ("Property"), having made a last bid of$,______("Purchase Price"); and WHEREAS, Purchaser did pay to Seller a deposit in the sum of$. ______, the receipt of which is hereby acknowledged by the Trustee. NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as follows: I . That Purchaser shall pay to Seller the balance of the Purchase Price, by certified or cashier's check, at settlement. - 1 - 2. At settlement, Seller shall deliver to Purchaser a deed with Special Warranty of Title conveying the Property to Purchaser. 3. Settlement shall occur on or before 2:00 p.m. on May 15, 2020, unless otherwise postponed at the sole discretion of the Trustee, at the offices of Flora Pettit, 90 North Main Street, Suite 201, Harrisonburg, Virginia. 4. It shall be the responsibility of Purchaser to obtain possession of the Property. 5. The Property is sold ''AS IS, WHERE IS" with all faults and without reliance on any warranty of any kind whatsoever, and Purchaser hereby accepts the Property in its condition as ofthe Contract Date. Risk of loss or damage to the Property shall be borne by Purchaser from Contract Date. 6. The deposit shall be applied to the credit ofPurchaser at settlement; or, in the event of Purchaser's failure to complete settlement within the time set forth after the date of sale, including any postponement by the Seller, and 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. 7. Cost of deed preparation, grantor's tax and pro-rated real estate taxes to date of sale shall be paid by Seller. All other costs shall be paid by Purchaser. Each party shall pay its own attorney's fees. 8. 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 -2- 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 oflaw in Virginia and who has been retained or engaged by a party to the transaction for the purpose of providing legal services to that party. 9. 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. The Seller may not require the use of a particular settlement agent as a condition ofthe sale of the property. 10. Escrow. Closing and Settlement Service Guidelines: The Virginia State Bar issues guidelines to help settlement agents avoid and prevent the unauthorized practice oflaw in connection with furnishing escrow, settlement or closing services. As a part to a real estate transaction, the purchaser or bo1mwer is entitled to receive a copy of these guidelines from his settlement agent, upon request, in accordance with the provisions ofthe Consumer Real Estate Settlement Protection Act. - 3 - WITNESS the following signatures and seals. I, . Auctioneer, do hereby certify that the amount Purchaser stated above was the highest bid received at the auction of the aforesaid property. Address Date: April 15, 2020 City I State / Zip Auctioneer E-mail Telephone SELLER: Suzanne F. Thomas, Purchaser for Flora Pettit PC, Trustee Address City I State / Zip E-mail Telephone - 4 - Purchaser's Settlement Agent (if known) Name Address City / State / Zip E-mail Telephone 22805 / 1 / 810885.doc - 5 -