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Legal Notice

The Roanoke Times (Roanoke, VA) January 24, 2012 NOTICE OF SUBSTITUTE TRUSTEE’S SALE Keagy Village Shopping Center, 5010 Keagy Road, Roanoke County, Virginia Tax Map Reference No: 067.18 – 02-01.01 Reference is hereby made to that certain Credit Line Deed of Trust and Security Agreement from Warehouses, Inc., a South Carolina corporation doing business in Virginia as Warehouses of South Carolina, Inc. (“Warehouses, Inc.”), WG Indian Trail, LLC, a South Carolina limited liability company (“WG Indian Trail” and collectively with Warehouses, Inc. “Virginia Borrower”) to Daniel D. Hamrick (“Original Trustee”), recorded in the Land Records of Roanoke County, Virginia (“Land Records”) on December 27, 2005 as Instrument No. 2005 – 22201; as modified by Modification and Extension Agreement recorded in the Land Records on May 30, 2007 as Instrument No. 2007 – 08221; as modified by Certificate of Partial Satisfaction recorded in the Land Records on April 7, 2007 as Instrument No. 2007 – 05408, as amended by Corrected Certificate of Partial Satisfaction recorded on the Land Records on December 5, 2011 as Instrument No. 2011 – 11896; as further modified and increased by Cross-Collateralization and Cross-Default Agreement (“Cross-Collateralization Agreement”) recorded in the Land Records on May 3, 2010 as Instrument No. 2010 – 04208; and as further modified by Amendment to Credit Line Deed of Trust recorded in the Land Records on September 30, 2010 as Instrument No. 2010 – 10075 (collectively, and the same may be further amended to date, the “Deed of Trust”); encumbering the property described in the Deed of Trust; securing Loans in the aggregate maximum principal amount of $28,368,750 (collectively the “Loan”) from TD Bank, N.A., as successor by merger to Carolina First Bank (“Lender”), to Virginia Borrower and other parties named in the Cross-Collateralization Agreement (collectively with Virginia Borrower the “Borrower”); as evidenced by an Amended and Restated Promissory Note dated May 24, 2007 in the maximum principal amount of $10,868,750, as amended to date (collectively the “Virginia Note”) made by Virginia Borrower, and by other notes and instruments identified in the Cross– Collateralization Agreement (collectively the “Loan Documents”).

Under and by virtue of the power and authority conferred upon the Trustee by the Deed of Trust, a default having occurred in the payment of the indebtedness secured thereby and the observance of the covenants contained therein, at the request of the party secured by said Deed of Trust, the undersigned Steven L. Higgs, P.C., Substitute Trustee (“Substitute Trustee”), having been substituted as Trustee under the Deed of Trust by virtue of that certain Deed of Appointment of Substitute Trustee dated as of January 12, 2012 and recorded among the aforesaid Land Records as Instrument No. 201200415 (the Original Trustee, the Substitute Trustee, or any Trustee then serving under the Deed of Trust, as applicable, being referred to herein as the “Trustee”), will offer for sale at public auction at the front door of the Roanoke County Courthouse, 305 E. Main Street, Salem, Virginia 24153, on Thursday, February 2, 2012, at 12:00 p.m. Eastern Standard Time, the following land and all improvements situate thereon encumbered by the Deed of Trust, described as follows: in our site deed of trust

The improved property located in Roanoke County, Virginia, commonly known as the Keagy Village shopping center, located at the intersection of Virginia Route 419 (Electric Road) and Virginia Route 685 (Keagy Road), with a street address of 5010 Keagy Road, Roanoke, Virginia 24018, Tax Map No.: 067.18 – 02-01.01. Said property is more fully and completely described in the Deed of Trust. Pursuant to the provisions of Section 8.9A-604 of the Virginia Uniform Commercial Code, this sale shall also include all articles of personal property, both tangible and intangible, granted under the Deed of Trust, and this sale shall include all rights in and to all leases and rents affecting said property as assigned and conveyed under the Deed of Trust. All of the foregoing real and personal property and the leases and rents described in the Deed of Trust is hereinafter collectively referred to as the “Property”.

The bid which yields the highest price for the Property will be accepted by the Trustee (unless the sale is postponed or cancelled). To qualify as a bidder, each bidder except the party secured by the Deed of Trust or its affiliates must tender a bid deposit of One Hundred Thousand and No/100 Dollars ($100,000.00). The bid deposit must be by bank certified check payable to the order of Steven L. Higgs, P.C., Trustee. The bid deposit of each bidder must be tendered, exhibited, or delivered, as determined by the Trustee, prior to the commencement of the sale. At the close of bidding, all deposits will be returned except for the deposit of the successful bidder. All bids will be provisional until accepted by the Trustee. Notwithstanding the foregoing, the Trustee absolutely reserves the right to postpone the sale and/or cancel the sale at any time until the Trustee announces that the Property is “sold” and the deposit in the required amount and form is either received or waived by the Trustee. The successful bidder (except the party secured by the Deed of Trust or its affiliates) shall be required, within three (3) business days after acceptance of its bid, and as a condition to acceptance of its bid, to increase its deposit to an amount equal to five percent (5%) of its accepted bid. The retained deposit of the successful bidder shall be applied to the successful bidder’s credit at settlement. Settlement must occur on the Property within thirty (30) days from the date of the auction sale, and will be held at the offices of Womble Carlyle Sandridge & Rice, LLP, 1200 Nineteenth Street, NW, Suite 500, Washington, DC 20036. Time is of the essence. Interest shall accrue on the purchase price at the rate of six percent (6%) per annum from the date of the auction sale until the date of settlement. At settlement, the balance of the purchase price, and accrued interest on the purchase price at the rate specified, less the amount of the retained deposit, will be due in immediately available federal funds by bank wire or interbank transfer for the account of the Trustee. If the successful bidder fails to timely increase the deposit as required above, of fails to deliver the purchase price to the Substitute Trustees and complete settlement by 12:00 Noon Eastern Standard Time on the date which is thirty (30) days from the date of the auction sale, then at the election of the Trustee the successful bidder shall be declared in default and the deposit shall be forfeited and applied to the costs of sale, including trustees fees, and the balance, if any, shall be delivered to the party secured by the Deed of Trust to be applied against all amounts owed to the secured party; there shall be no refund of the deposit. This forfeiture shall not limit or be deemed to limit any rights or remedies of the Trustee or the party secured by the Deed of Trust with respect to any default. The Property may be resold at the risk and cost of the defaulting successful bidder. go to site deed of trust

Conveyance shall be by Substitute Trustee’s Deed, with special warranty of title, subject to the matters identified above. If the Trustee is unable to convey title to the Property as described herein, then the sale shall be cancelled, and the deposit shall be refunded to the successful bidder, as its sole remedy at law or in equity, all other remedies being expressly waived by the successful bidder. Upon such refund of the deposit, the sale shall be void and of no further force and effect, and the successful bidder shall have no further claim against the Trustee, auctioneer, or Lender. Any past due real estate taxes shall be paid from the proceeds of sale. Adjustment of real estate taxes and all other public charges, assessments, sewer, water, drainage and other public improvements for the current year shall be made as of the date of the auction sale. To the extent such items are due and owing, they are to be assumed and paid thereafter by the successful bidder, whether assessments have been levied or not as of the date of sale. All costs incident to the settlement and conveyancing, including, without limitation, examination of title, conveyancing, the Grantor’s tax and all recordation taxes and charges, all transfer taxes and charges, title insurance premiums (if purchased), notary fees, settlement fees, and all other costs incident to settlement shall be at the cost of the successful bidder.

To the extent permissible by law, all bidders, including the successful bidder, waive and release the Trustee, the noteholder and their respective agents, successors and assigns from any and all claims such bidder or his successors and assigns may have now or in the future relating to the physical or environmental condition of the Property, including any claims pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Americans With Disabilities Act, and all other actions pursuant to sate or local laws, ordinances, or regulations for any environmental or other condition of the Property. The information contained herein was obtained from sources deemed to be reliable but is offered for informational purposes only. Neither the Trustee or the secured party under the Deed of Trust makes any representations or warranties, express or implied, with respect to the accuracy of such information.

Notice of this sale, as required by Section 55 – 59.1, Code of Virginia (1950), as amended, has been sent to (i) Borrower and to the owners of record of the Property at their last known addresses, as such appear in the records of the party secured by the Deed of Trust, and (ii) subordinate lienholders, if any, who hold liens against the Property secured by a deed of trust recorded at least thirty (30) days prior to the sale and whose address is recorded with the party secured by the deed of trust.

For further information concerning the sale, contact Stanley J. Wrobel, Esquire, Counsel for noteholder, Womble Carlyle Sandridge & Rice, LLP, 1200 Nineteenth Street, NW, Suite 500, Washington, DC 20036; telephone (202) 467‑6900 on week days between the hours of 9:00 a.m. and 5:00 p.m.

Respectfully submitted, STEVEN L. HIGGS, P.C.

SUBSTITUTE TRUSTEE 9 Franklin Road, S. W.

Roanoke, Virginia 24011 Phone: 540 – 400-7990 (12897275)

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