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VIRGINIA: IN THE CIRCUIT COURT OF
SHENANDOAH COUNTY

FARMERS & MERCHANTS BANK,
and
JOHN N. CRIST, Trustee,
and
DEAN W. WITHERS, Trustee,
and
ERICK CHRISTOPHER GOTTSCHALK,
Successor Trustee of the Erick Christopher Gottschalk
Generation Skipping Trust Under The Vincent James
Gottschalk Revocable Trust Agreement Dated July 28,
1999 AND Successor Trustee of the Patrick Owen
Gottschalk Generation Skipping Trust Under the Vincent
James Gottschalk Revocable Trust Agreement Dated
July 28, 1999, and
PATRICK OWEN GOTTSCHALK,
Successor Trustee of the Erick Christopher Gottschalk
Generation Skipping Trust Under The Vincent James
Gottschalk Revocable Trust Agreement Dated July 28,
1999 AND Successor Trustee of the Patrick Owen
Gottschalk Generation Skipping Trust Under the Vincent
James Gottschalk Revocable Trust Agreement Dates
July 28, 1999,

Plaintiffs,

v. Case No.: CL18-1171

BERNABE MENDEZ,
and
JOHAN MENDEZ,
and
SALVADOR E. CUELLAR,

Defendants.

ORDER OF PUBLICATION

The reason for this cause is to obtain service upon Salvador E. Cuellar having a potential interest in the property located in Shenandoah County, Virginia, and the secondary purposes of this cause are:

a) quieting title to the Property in favor of Bernabe Mendez and Johan Mendez as the fee simple owners of the Property as joint tenants with the right of survivorship under the Mendez Deed nunc pro tunc to June 9, 2014;

b) quieting title in favor of Farmers and Merchants Bank ("F&M Bank") under a Deed of Trust benefiting F&M Bank ("F&M Bank Deed of Trust") and ordering that the F&M Bank Deed of Trust constitutes a valid first priority lien encumbering the entire fee simple interest in the Property nunc pro tunc to June 9, 2014;

c) declaring that Bernabe Mendez and Johan Mendez are the fee simple owners of the Property as joint tenants with the right of survivorship under the Mendez Deed as nunc pro tunc to June 9, 2014;

d) declaring that the F&M Bank Deed of Trust constitutes a valid first priority lien encumbering the entire fee simple interest in the Property nunc pro tunc to June 9, 2014;

e) declaring that the F&M Bank Note binds Bernabe Mendez to the terms thereof and that Bernabe Mendez is the borrower under the F&M Note nunc pro tunc to June 9, 2014;

f) reforming each of the Mendez Deed, F&M Bank Note, and F&M Bank Deed of Trust to remove all references to Salvador E. Cuellar and to replace them with Bernabe Mendez including, without limitation, the signatures contained in the F&M Bank Note and the F&M Bank Deed of Trust;

g) in the alternative, imposing and subjecting the Property ot an equitable lien for purposes of securing repayment of the F&M Bank Loan;

h) in the alternative, imposing a constructive trust in favor F&M Bank, its successors, and assigns on defendants' interests in the Property and the benefits or proceeds thereof;

i) in the alternative, ruling that defendants have been unjustly enriched and ordering them to make restitution of the proceeds of the F&M Bank Loan; and

j) awarding plaintiffs such other and further relief as the nature of its case may require and to this Court shall seem proper, including an award of attorney's fees and costs.

Upon consideration whereof, this Order of Publication is GRANTED and it is

ORDERED that the above named Defendants, and all others claiming rights in the above referenced properties, shall appear here on/or before the 10th day of January, 2019, at 1:30 p.m. which date is no sooner than (50) fifty days after entry of this Order of Publication, and after proper notification of this Order, to protect his interest in this cause.

And it is further Ordered that this Order of Publication be published once a week for four successive weeks in The Northern Virginia Daily, a newspaper of general circulation in the County of Shenandoah, Virginia.

ENTER: October 31, 2018
BY: Clark A. Ritchie, Judge

I ASK FOR THIS:
Samuel J. Kaufman

Samuel J. Kaufman (VSB No. 48442)
Jeremiah M. Yourth (VSB No. 81113)
OWEN & OWENS PLC
15521 Midlothian Turnpike, Suite 300
Midlothian, VA 23113
804-594-1011 (Office)
804-594-0455 (Facsimile)
skaufman@owenowens.com
jyourth@owenowens.com
-
Counsel for plaintiffs Farmers & Merchants Bank, John N. Crist, Trustee, and Dean W. Withers, Trustee- #3395

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PUBLISHER'S NOTICE
All real estate advertising in this newspaper is subject to the Fair Housing Act which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination". Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18.
This newspaper will not knowingly accept any advertising for real estate which is in violation of the law. Our readers are hereby informed that all dwellings advertised in this newspaper are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800- 669-9777. The toll-free telephone number for the hearing impaired is 1-800 -927-9275.
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PUBLISHER'S NOTICE
All real estate advertising in this newspaper is subject to the Fair Housing Act which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination". Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18.
This newspaper will not knowingly accept any advertising for real estate which is in violation of the law. Our readers are hereby informed that all dwellings advertised in this newspaper are available on an equal opportunity basis. To complain of discrimination call HUD toll - free at 1-800- 669-9777. The toll-free telephone number for the hearing impaired is 1-800-927-9275.
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