010119560 August 31, September 7
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Monongalia West Virginia, and by Deed of Trust and Security Agreement dated September 11, 2013, effective as of September 17, 2013 executed by Mountain Blue Hotel Group, LLC to David E. Thompson, Trustee, for the benefit of USB Real Estate Securities, Inc., which deed of trust is of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1967 at Page 304, and which Deed of Trust was assigned by USB Real Estate Securities, Inc., to U.S. Bank National Association, as Trustee for the Benefit of the Holders of COMM 2013-CCRE-12 Mortgage Trust Commercial Mortgage Pass-Through Certificates pursuant to an assignment duly recorded in the Office of the Clerk of Monongalia County, West Virginia, in Assignment Book 0121 at Page 497, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the property described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee will sell the property described in the Deed of Trust, at a public auction on September 21, 2017 at 4:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Monongalia, in Morgantown, West Virginia, which property is more completely described as follows:
PARCEL ONE:
A tract or parcel of land lying near WV Route 705 and previously known as Parcel "A" of The Suncrest Towne Centre located at 150-Suncrest Towne Centre Drive, Morgantown, West Virginia 26505, in Morgan-District, Monongalia County, West Virginia, more particularly described as follows:
Beginning at a 5/8 inch capped reinforcing rod, hereinafter referred to as "rebar", found, corner to the remaining portion of the Gateway Towne Centre, LLC property and in a line of CMC Company, LLC, from which a capped rebar, found, bears S 73-22-00 E at 43.44 feet, thence; N 08-32-05 E along the line of CMC Company, LLC and passing a comer and running with Metro Rentals, LLC 499.79 feet to a railroad (track) spike found, corner to the remaining portion of The Gateway Towne Centre, LLC property, thence with same for the next seven (7) calls; S 81-38-11 E 70.65 feet to a 5/8 inch capped rebar, found, on the west edge of a "variable width right-of- way"; Thence, along the western edge of the variable width right-of-way for the next six (6) calls; in a southerly direction along a non-tangent curve to the left having a chord of S 17-32-47 E 121.50 feet a radius of 843.50 feet and an arc length of 121.60 feet to a 5/8 inch capped rebar, found, thence; S 22-49-17 E 100.85 feet to a point, thence; In a southerly direction along a curve to the left having a chord of S 26-56-42 E 46.96 feet, a radius of 326.50 feet and an arc length of 47.00 feet to a 5/8 inch capped rebar, found, thence; S 31-04-06 E 55.82 feet to a 5/8 inch capped rebar, found, thence; In a southerly direction along a curve to the right having a chord of S 18-37-39 W 95.33 feet, a radius of 62.50 feet and an arc length of 108.42 feet to a point, thence; S 68-19-33 W 257.67 feet to the place of beginning, containing 77,639 square feet or 1.785 acres, more or less, as surveyed by Smith Land Surveying, Inc: in September 2012 and as shown on a Plat of Survey for Emerald Coast Hospitality, LLC "Hilton Garden Inn" dated September 21, 2012 (Tax Map 4W Parcel 7).
PARCEL TWO:
Together with the easements granted under the Operation and Easement Agreement applicable to Gateway Towne Center dated the 15th day of June, 2006, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1319, at Page 503.
PARCEL THREE:
Together with the Easements granted under the Modification No. 1 to the Declaration of Operation and Easement Agreement dated the 9th day of April, 2007, recorded in said Clerk’s Office in Deed Book 1341, at page 131.
PARCEL FOUR:
There is further granted and conveyed as an appurtenant to said 1.785 acres, more or less, that certain non-exclusive parking easement for the parking of forty-nine (49) automobiles, which non-exclusive parking area is described as follows:
Beginning at a point, which is located N. 81" 39′ 42" E. 117.04 feet from the Southwestern comer of that certain 1. 785 acre parcel this day conveyed by Gateway to Center; thence running with the following five (5) arbitrary lines, N. 68" 19′ 25" E. 51.31 feet to a point in the interior line of a twenty-four (24) foot wide roadway easement, thence running with said interior easement line, S. 21′ 40′ 35" E. 180.00 feet to a point, thence running through the parking lot, S. 68" 19′ 25" W. 78.00 feet to a point, thence N. 21" 40′ 35" W. 111.68 feet to a point on the interior line of the aforesaid twenty-four (24) foot wide roadway easement, thence with the interior line of said easement, N. oo 20′ 12" W. 73.34 feet to the place of beginning, and being more particularly designated on that certain Plat of Survey prepared by Landmark Surveying Company, Fairmont, West Virginia, dated the 22nd day of February, 2008.
PARCEL FIVE:
There is granted and conveyed as appurtenant to said parking easement a non-exclusive right-of- way for ingress, egress, and regress, which said right-of-way is an appurtenant to the parking easement herein granted and the 1.785 acres, more or less, conveyed by Gateway to Center as aforesaid, which easement area is more particularly described as follows:
Beginning at a point on line of a 1.785 acre parcel this day conveyed by Gateway to Center, said beginning point being N. 68′ 19′ 25" E. 246.67 feet from the Southwestern comer of the 1.785 acre parcel and running S. 21" 40" 35" E. 27 feet to a point; thence S. 68" 19’25" W. 57.47 feet to a point; thence S. 21′ 40’35" E. 252 feet to a point; thence S. 68′ 19’25" W. 147.79 feet to a point; thence N. 21" 40′ 35" W. 24.00 feet to a point; thence N. 68′ 19′ 25" E. 123.79 feet to a point; thence N. 21" 40′ 35" W. 228 feet to a point; thence S. 68′ 19′ 25" W. 51.31 feet to a point; thence S. 0′ 20′ 12" E. 95.54 feet to a point; thence with a curve to the left having a radius of 200 feet, a length of 74.49 feet, and a chord bearing S. 11′ 00′ 23" E. 74.06 feet; thence S. 21’40’ 35" E. 66.22 feet to a point; thence S. 68′ 19′ 25" W. 24.00 feet to a point; thence N. 21" 40′ 35" W. 66.22 feet to a point; thence with a curve to the right having a radius of 224 feet, a length of 83.43 feet, and a chord bearing N. 11′ 00′ 23" W. 82.95 feet to a point; thence N. 00 20′ 12" W. 115.15 feet to a point; thence N. 68′ 19′ 25" E. 148 feet to the point and place of beginning.
Together with all “Property” as defined and more completely described in the Deed of Trust.
TERMS OF SALE
1.Unless the beneficiary or its assignee is the successful bidder, a nonrefundable deposit in the amount of ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the highest and successful bid will be required to be paid, in certified funds, official bank draft, or cash, to the Substitute Trustee at the time and place of sale in a form acceptable to the Trustee. The purchaser is free to tender a deposit in excess of 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}.
2.The balance of the purchase price will be required to be paid to the Substitute Trustee in certified funds or by wire transfer at the location the Substitute Trustee directs within thirty (30) days of the date of the sale, at which time the Trustee’ s Deed will be ready for delivery (the “Closing Date” ). Except as may be provided herein, time is of the essence with respect to the Closing Date as to the purchaser only. The Substitute Trustee may, in his sole discretion, adjourn the Closing Date to a later date.
3.The sale of the property will be made subject to all matters having priority over the Deed of Trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever.
4.The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code ยง 11-22-2.
5. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
6. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
7.The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
8.The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
9.Such other terms as may be announced at the time of Sale.
Given under my hand this 25th day of August, 2017.
J. Patrick Jones, Substitute Trustee
304-529-8560