Bank Ordered Foreclosure - Loudoun Co. - Income Producing Bank Branch Office - Leased w Long Term Te

Bank Ordered Foreclosure - Loudoun Co. - Income Producing Bank Branch Office - Leased w Long Term Tenant - 341 E. Market St Leesburg VA 20176

Onsite and Online auction on Thursday, December 14 at 11:00 AM EST at the Loudoun County Courthouse.  Income-producing commercial building with a long term tenant.  The property is located in The Town of Leesburg's Economic Development Crescent Design District. It is zoned CD‐C, Crescent Design – Commercial use with high traffic counts (75,000 VPD), and frontage on Market St.
  •   Nov 22 @ 2:00pm EST (Start)
  •   Dec 14 @ 11:00am EST (End)
  •   Add to Calendar

SALE CANCELLED

Auction Lots

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***This Sale Has Been Cancelled***     

The auction for this property will take place online and in-person on December 14th @ 11:00 AM EST, with the in-person auction being held at the Loudoun County Courthouse at 18 East Market Street Leesburg, VA 20176. 

***ONLINE Bidders deposit must be received no later than 24 hours prior to the Foreclosure Auction, IN-PERSON bidders must provide the deposit in the form of a cashier’s check payable to the substitute trustee, Jeffrey A. Ward

This sale is being facilitated as a third party foreclosure, M&T Bank is the Long Term Tenant and in good standing with the lease.  There is approximately 2 years and 7 months remaining on the lease with the opportunity for a third 5 year extension including a 10% escalation.

 

Property Highlights:

  • Prime Location within Leesburg's Economic Development Crescent Design District
  • Income Producing with Long-Term Lease w 2 yrs. 7 mo. remaining with a 5 year renewal option.
  • Versatile Commercial/Industrial Use
  • Building Area 2,705 Sq. Ft.
  • Land Area .53 AC (23,087 Sq. Ft.)
  • Converted to Bank Branch in 2006
  • Zoned CD‐C, Crescent Design – Commercial  Town of Leesburg
  • Exceptional Traffic Counts - 75,000 VPD
  • Two Curb Cuts and 97 +/- feet of Frontage on Market Street
  • Convenient Drive-Thru Window
  • Attractive Brick Exterior
  • Utilities include electricity,  natural  gas,  telephone  service,  public  water  and  public  sewer are available and connected
  • Ample 7,000 SF Paved Parking Lot with 19 Parking Spaces

   POTENTIAL GROSS RENTAL INCOME   Potential Gross Rental Income is based on current contract rent of $174,037.50, annually

NET OPERATING INCOME   

NOI  Contract Rent:  $174,038,  Reimbursements:  $15,422,  Potential Gross Income:  $189,460,  Operating Expenses: Real Estate Taxes  $15,422,  Total Expenses  $15,422,  NOI:  $174,038 

CAP Rate Calculation Table:

Purchase Price                              Estimated Capitalization Rate

$1,500,000                                    10.42%

$1,600,000                                    9.77%

$1,700,000                                    9.22%

$1,800,000                                    8.68%

$1,900,000                                    8.23%

$2,000,000                                    7.82%

$2,100,000                                    7.44%

$2,200,000                                    7.11%

$2,300,000                                    6.8%

$2,400,000                                    6.51%

$2,500,000                                    6.25%

                

Summary of Lease Terms

Tenant: National Bank & Trust Company  

Use:  Bank branch 

Land Area: (acres)  0.53  Building Area (sf)  2,705 

Lease Date:  Original Lease:  February 25, 2006  Lease Extension and Modification Agreement: December 9, 2020  Lease Commencement Date  June 22, 2006 

Term:  Initial Term of 10 years; Two 5‐year renewal options exercised  Expiration Date  June 31, 2026 (sic) Per Lease Extension and Modification Agreement dated  December 9, 2020  Renewal Options  One 5‐year renewal option remaining (with 6 months’ notice) at $191,441.25 annual (10% escalation) 

Annual Base Rent  Years 1‐5:  $130,000 ($48.06 psf GBA; $5.63 psf land)  Years 6‐10:  $145,600 ($53.83 psf GBA; $6.31 psf land) 

Renewal Option 1  Years 11‐15:  $163,800 ($60.29 psf GBA; $7.10 per psf land) 

Renewal Option 2 Current Term  Years 16‐20: $174,037.50 ($64.34 psf GBA; $7.54 psf land) 

Renewal Option 3  Years 21‐25: $191,441.25 ($70.77 psf GBA; $8.29 psf land) 

Escalations 

The original lease escalated 12.0% in Year 6 and 12.5% every five years thereafter.  The lease rate was renegotiated with Renewal Option 2 in Year 16.  The escalation for Renewal Option 3 is 10%. 

Operating Expenses  Triple Net; Real estate taxes are reimbursed to the Landlord

TERMS AND CONDITIONS FOR THIS AUCTION EVENT FOR ONLINE BIDDING

This auction is held in connection with a foreclosure sale (the “Sale” or “Auction”) by the substitute trustee (the “Substitute Trustee”) appointed by the beneficiary (the “Beneficiary”) of a deed of trust (the “Deed of Trust”) and in accordance with the terms outlined in the Legal Notice of Sale (available under the Documents tab). The Memorandum of Sale that a successful bidder is required to execute is also provided. This is a simulcast auction. Bidders may submit bids both online and in person on site at the Auction.

Summary of Terms and Conditions:

Buyer’s Premium: 5% Buyers Premium added to the highest bid.

Approval to Bid: To be approved, all online bidders (“Bidders” and each a “Bidder”) must register at least 24 hours prior to the start of the Auction.

Deposit: Certified funds or cashier’s checks. A bidder’s deposit of Fifty Thousand Dollars ($50,000.00) is required with settlement in full to be made within 30 days from the date of said Sale.   The initial deposit is to be paid by cashier’s check payable to the substitute trustee, Jeffrey A. Ward, 540-946-4408, jward@fdwslaw.com.  If a bidder registers to bid online the initial deposit must be received by wired funds or cashier’s check no later than 24 hours prior to the sale.   If a bidder appears at the foreclosure sale on the sale date, either in person or by an authorized agent, the deposit may be brought to the sale by cashier’s check. Deposits received from online bidders that are not the successful high bidder will be returned within 24 hours of the completion of the sale.   The deposit from the high bidder will be held and applied by the Substitute Trustee as required by the Trustee’s Memorandum of Sale.

Broker Co-op: A $2,500 flat commission may be paid to a properly registered broker/agent at settlement. Agents must register their buyers at least 24 hours prior to the Auction.

Closing: 30 day closing, As-Is, no contingencies, per the terms of the Trustee’s Memorandum of Sale.

Agency Disclosure: Dudley Auctions Inc. dba Dudley Resources is acting as auctioneer/agent and is agent for the Substitute Trustee only.

Disclaimer: Information contained herein is believed to be correct to the best of Dudley Resources’ knowledge, but it is the sole responsibility of each Bidder to inspect and verify all information pertaining to the property. This property is subject to sale prior to the Auction and may be withdrawn, modified or cancelled at any time without notice.

Full Terms and Conditions: Available in the Document Vault

 


FOR REAL ESTATE AGENTS REPRESENTING BUYERS:  If you have been working with a Realtor, please have them click HERE and complete the Realtor Representation form. In order for the real estate agent to be compensated, forms must be completed and submitted no later than 24 HOURS BEFORE THE END OF THIS AUCTION SALE.​​​​​​

 

TERMS AND CONDITIONS FOR THIS AUCTION EVENT FOR ONLINE BIDDING

This auction is held in connection with a foreclosure sale (the “Sale” or “Auction”) by the substitute trustee (the “Substitute Trustee”) appointed by the beneficiary (the “Beneficiary”) of a deed of trust (the “Deed of Trust”) and in accordance with the terms outlined in the Legal Notice of Sale (available under the Documents tab). The Memorandum of Sale that a successful bidder is required to execute is also provided. This is a simulcast auction. Bidders may submit bids both online and in person on site at the Auction.

Summary of Terms and Conditions:

Buyer’s Premium: 5% Buyers Premium added to the highest bid.

Approval to Bid: To be approved, all online bidders (“Bidders” and each a “Bidder”) must register at least 24 hours prior to the start of the Auction.

Deposit: Certified funds or cashier’s checks. A bidder’s deposit of Fifty Thousand Dollars ($50,000.00) is required with settlement in full to be made within 30 days from the date of said Sale.   The initial deposit is to be paid by cashier’s check payable to the substitute trustee, Jeffrey A. Ward, 540-946-4408, jward@fdwslaw.com.  If a bidder registers to bid online the initial deposit must be received by wired funds or cashier’s check no later than 24 hours prior to the sale.   If a bidder appears at the foreclosure sale on the sale date, either in person or by an authorized agent, the deposit may be brought to the sale by cashier’s check. Deposits received from online bidders that are not the successful high bidder will be returned within 24 hours of the completion of the sale.   The deposit from the high bidder will be held and applied by the Substitute Trustee as required by the Trustee’s Memorandum of Sale.

Broker Co-op: A $2,500 flat commission may be paid to a properly registered broker/agent at settlement. Agents must register their buyers at least 24 hours prior to the Auction.

Closing: 30 day closing, As-Is, no contingencies, per the terms of the Trustee’s Memorandum of Sale.

Agency Disclosure: Dudley Auctions Inc. dba Dudley Resources is acting as auctioneer/agent and is agent for the Substitute Trustee only.

Disclaimer: Information contained herein is believed to be correct to the best of Dudley Resources’ knowledge, but it is the sole responsibility of each Bidder to inspect and verify all information pertaining to the property. This property is subject to sale prior to the Auction and may be withdrawn, modified or cancelled at any time without notice.

Full Terms and Conditions:

Bidder Approval: A deposit in an amount displayed on the Dudley Resources website or as communicated by Dudley Resources is required in order to become an approved Bidder and be able to place a bid during the Auction. Any such deposit will be required in the form of cash, certified funds, or credit card. Dudley Resources reserves the right to hold the deposit until the completion of the Auction and for a reasonable period of time to allow for the release of any such deposit and/or the return of any such funds after the conclusion of the Auction. The online bidding platform shall place a minimal credit card hold at the time of online registration to confirm the validity of the credit card being used.

Bid Increments: Dudley Resources shall solely determine the bid increments for this Auction. Bid increments may be changed or modified from time to time during the Auction.

Bid Responsibility: Bidders are responsible for entering their bids and each Bidder shall be responsible for any and all bids placed under that approved Bidder’s number during the Auction. Bids placed by approved Bidders shall be considered final and will be recorded. Recorded bids may not be modified, retracted or rescinded. The substitute trustee reserves the right to reject any or all bids.

Bidding Time: This Auction is a timed auction event, which means that bidding is scheduled to begin at the time posted on the website for Dudley Resources. All time references on the bidding site for Dudley Resources are expressed in Eastern Time. It the responsibility of the Bidder to check the Dudley Resources website regarding the scheduled opening and closing times for the Auction.

Buyer’s Premium: A Buyer’s Premium of five percent (5%) will be added to the highest bid for the real property and included in the total price paid by the buyer.

Buyer’s Premium Example:
High Bid Amount: $100,000
5% Buyer’s Premium. + $5,000
Buyer’s Total Purchase Price = $105,000

Closing: The highest Bidder must sign all documents and contracts within one (1) hour after the end of the Auction. All closings must occur within 30 days of the end of the Auction. TIME IS OF THE ESSENCE WITH REGARD TO ALL CLOSINGS! The subject Property is to be conveyed by Special Warranty Deed from the Substitute Trustee. The terms of the Memorandum of Sale are non-negotiable, and the highest Bidder must sign the Memorandum of Sale in the name of the highest Bidder or the highest Bidder’s associated business entity. The Memorandum of Sale and such other documents will set forth the specific terms and conditions of the Sale, including the time by which the successful participant’s purchase of the property must be completed. It is the sole responsibility of each registered Bidder to review all documents provided by Dudley Resources before making any bids at the Auction.

Closing Costs: The closing costs and expenses shall be paid in accordance with the terms of the trustee’s memorandum of sale.

Controlling Law: The rights and obligations of all parties regarding this Auction shall be governed and interpreted by the laws of the Commonwealth of Virginia. All registered Bidders shall be deemed to have consented to the jurisdiction of the state  courts of the Commonwealth of Virginia when making an offer at the Auction, whether present in-person or by agent, written offer, telephone, online or any other means.

Cooperating Broker/Agent Fee: Dudley Resources offers a twenty-five hundred dollars ($2,500) cooperating broker/agent fee to be paid to broker/agent representing the highest Bidder for the real property (cooperating broker/agent fee.  Please contact Dudley Resources for full terms.

Default: If highest Bidder defaults in making settlement, the deposit paid by that defaulting highest Bidder shall be forfeited, and the property purchased by such defaulting highest Bidder may either be resold at the risk and expense of such party or Substitute Trustee may accept the next highest available offer at the Sale. Such defaulting highest Bidder shall be liable personally for any deficiency resulting from the resale of the property it purchased at a lower price as well as for all costs, expenses, and attorneys’ fees in connection with such resale. The forfeiture of such deposit shall not limit any rights or remedies of Substitute Trustee with respect to any such default. Any successful Bidder who fails to submit an executed Memorandum of Sale, fails to make any required earnest money deposit, or fails to close in a timely manner may also be prohibited from bidding on future auctions conducted by Dudley Resources.

 

Due Diligence: It is the sole responsibility of each Bidder to inspect the property; review the information documents relating to the property; assess the accuracy and completeness of the information contained in the Sale Brochure and any such other documents; and independently verify and confirm any estimates, projections, or assumptions relating thereto, none of which may be considered to be guaranties. Bidders are independently responsible for completing due diligence to their own satisfaction. By agreeing to these terms and conditions, the Bidder represents that they have done so. Registered Bidders are aware of and agree that the sale pursuant to this Auction is being made on an “AS-IS, WHERE-IS” basis, with no representations or warranties of any kind, expressed or implied, by the Beneficiary, Substitute Trustee and/or Dudley Resources.

Dudley Resources is not the owner of these assets, instead is contractually engaged for the sale of these assets on behalf of the Substitute Trustee. Dudley Resources reserves the right to bid on behalf of the Beneficiary.

All Bidders have the sole and exclusive responsibility to select and consult with any and all professional advisors in determining whether to place a bid at this Auction. All Bidders acknowledge that they have relied exclusively on their own investigation and determinations and the advice or their own professional advisors, and expressly represent that they have not relied upon any information provided by the Beneficiary, Substitute Trustee and/or Dudley Resources in any way.

 

Highest Bid Acceptance: Dudley Resources will inform the highest Bidder once the highest bid has been considered.

Inspection: The property is being sold “WHERE IS,” “AS IS,” “WITH ALL FAULTS,” with no representations or warranties except for the special warranty to be included in the deed to the property. All property descriptions and due diligence documents are provided by Dudley Resources as a service to customers and do not constitute a warranty, either expressed or implied. Placing a bid, whether in-person, by agent, through the online bidding platform, or any other means, constitutes an agreement by participant to these conditions of the Sale. Dudley Resources assumes no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and materials.

Maximum Bid: Bidders will have the ability to submit a maximum bid amount (often called a “Max Bid”) through the online bid platform and to direct that our website bid on such Bidder’s behalf in scheduled increments until the maximum amount identified by the Bidder has been reached. If a Max Bid in the same amount as was previously authorized by another Bidder’s max bid, the other Bidder’s max bid as previously entered will be deemed to be the prevailing bid at that amount. In the event that there should be any dispute among Bidders with regard to the identity or amount of the high bid, Dudley Resources reserves the right to reopen bidding and may, in conjunction with such reopening of the bidding, designate one of the Bidders as the “High Bidder” at the sole discretion of Dudley Resources. All decisions by Dudley Resources and the substitute trustee shall be final.

Megan’s Law Disclosure: All interested Bidders are solely responsible for conducting any investigation regarding registered sexual offenders prior to bidding and should exercise whatever due diligence they deem necessary with respect to information on registered sexual offenders who might live near a property being offered for sale. Such information may be obtained by contacting your local police department or the Department of State Police.

Registration: In order to register and place bids for this Auction, all interested Bidders will be required to register on the Dudley Resources website, www.dudleyresources.com. All Bidders registering for this Auction must be at least eighteen (18) years of age and must be eligible to bid at the sole discretion of Dudley Resources, based on any past experiences with the registered Bidder or otherwise. Bidders may also be subject to verification through credit card information in the registration process through a third party service to verify the credit card has the appropriate funds necessary to register for this Auction.

If a prospective Bidder has been approved to bid at the Auction, the approved Bidder will receive email notification that they have been approved to bid at the Auction. Bidding rights are not absolute, and all registrations, even if successfully verified by credit card as described above, are subject to manual verification at any time by Dudley Resources. Dudley Resources also reserves the right to suspend or terminate any Bidder’s registration at this Auction at any time.

Technical Problems: Dudley Resources has made reasonable efforts to provide for online bidding for this Auction. All registered Bidders recognize and acknowledge, however, that technical problems with hardware, software, or internet connectivity, as well as human errors, may arise and may affect, without limitation, the Dudley Auctions website, the online bidding program and process, or internet service and access, and the registered Bidder’s connection to this Auction bidding program and process.

All registered Bidders further acknowledge that these and other technical problems may develop at any time with or without notice. All registered Bidders acknowledge and agree that Beneficiary, Substitute Trustee and/or Dudley Resources are in no way responsible for any such technical problems, and that registered Bidders have no absolute or other right to be able to bid on this Auction in the event of any such technical problems.

Notwithstanding the foregoing, all registered Bidders further acknowledge and agree that, in the event of any such technical problems, Dudley Resources reserves the right to postpone or cancel the Auction and/or extend the bidding time for this Auction and/or schedule another auction event for the property, in the sole discretion of Dudley Resources, and that any decision with regard to any such actions is and will be final.

Terms Specific to This Auction: As noted above, Dudley Resources may provide Additional Terms and Conditions that are specific to this Auction or the property or properties being sold at this Auction. Such Additional Terms and Conditions may, but shall not necessarily be required to, relate to the following provisions, among others: extended bidding time; and bid increments.

 

To the extent that these Terms and Conditions for this Auction Event for Online Bidding conflict with the Legal Notice of Sale the Memorandum of Sale then the terms of the Legal Notice of Sale and/or Memorandum of Sale shall control.