Legal Notices

NOTICE OF TRUSTEE SALE Notice is hereby given by the undersigned Trustee, in accordance with the provisions of that certain Credit Line Deed of Trust, Security Agreement and Fixture Filing made by Heavylong Terramite Real Estate LLC, as Grantor, to Katherine E. Charonko and Benjamin L. Bailey, as Trustee, dated February 12, 2020 and recorded April 16, 2021 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia (the “Clerk’s Office”) in Trust Deed Book 4501 at Page 504 (the “Deed of Trust”) for the benefit of Purple Peaks Development (Hong Kong) Limited, a Hong Kong limited liability company (“Lender”) securing indebtedness under that certain promissory note and guaranty dated on or about February 12, 2020. Grantor defaulted under the terms of the Deed of Trust and the undersigned Trustee will sell at public auction on April 14, 2022 at 4:30 p.m., at the front door of the Kanawha County Courthouse located at 111 Court Street, Charleston, West Virginia, certain real property located in Union District, Kanawha County, West Virginia being more particularly described as follows: Being all of Parcels “A”, “C” and “E”, including the surface and subsurface, if any, of the parcel designated as a 40′ R , all as shown on that certain map entitled, “MAP SHOWING PARCELS “A”, “B”, “C” “D” AND “E” BEING A SUBDIVISION OF UNION DISTRICT TAX MAP NO. 28 PARCELS NOS. 17, 18 AND 20 LOCATED ON THE WESTERLY SIDE OF GOFF MOUNTAIN ROAD, UNION DISTRICT, KANAWHA COUNTY, WEST VIRGINIA FOR TERRAQUIP, INC.” dated May 5, 2008, made by Field Surveying Co., Inc., and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 67, at page 100, including any rights of way reserved in previous deed, and specifically including those easements reserved in that certain Easement Agreement between Cummins Crosspoint, LLC and Terraquip LLC, dated July 22, 2008 and recorded in the aforesaid Clerk’s Office in Deed Book 2730, at page 443. Being the same property conveyed unto Terraquip Construction Products, Inc. by deed dated December 19, 2008 from Terraquip, LLC of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2735, at page 144. Subject to a forty foot right of way conveyed unto EJC Properties, LLC, by Terraquip, LLC, by deed dated October 17, 2006 and recorded in Deed Book 2673, at page 713 and to Cummins Crosspoint, LLC, by Terraquip, LLC, by deed dated July 22, 2008 and recorded in Deed Book 2727, at page 637. And all of the oil, gas, and other minerals underlying Parcels “A”, “B”, “C”, “D” and “E”, including the right of way, all as described on the aforesaid map, and specifically including all interest in the gas well as shown Parcel “D”. This conveyance is made further subject to such rights of way, easements, reservations, restrictions, covenants and conditions as the same may be contained in prior deeds of record in the chain of title. TERMS OF SALE Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Trustee, by auction to the highest bidder. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable; 2. The lien of Premier Bank of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 3959 Page 157. 3. Any statutory lien or liens. 4. All covenants, conditions, restrictions, reservations, easement, rights-of-way and other matters of record in the chain of title to the property, or which may be visible form a physical inspection. 5. The above property will be sold “AS IS, WHERE IS,” in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. 6. The rights of parties in possession of such property, if any. 7. The undersigned Trustee shall have the right to postpone, continue, and r adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and r the posting of notice at the courthouse prior thereto. Such postponement, continuation or adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the beneficial owner’s right to conduct said sale. 8. The undersigned Trustee expressly reserve the right to reject any and all bids. 9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The Trustee reserves the right to act by agent and r attorney, as permitted by the Deed of Trust. 11. Risk of loss will pass at the time of sale. All risks of casualty pass to successful bidder at conclusion of bidding. 12. The undersigned Trustee shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and r tracts or as a whole, as the Trustee shall determine, and in such order as the Trustee shall determine. 13. The successful purchaser(s), if any, as to and in relation to each respective lot, parcel and r tract in the event the same shall be sold separately and independently, shall be required to deliver a deposit equal to ten percent (10%) of the bid price in cash on the foreclosure date and close on the property on the fifteenth (15th) day following the foreclosure date, and shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Trustee immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property. 14. The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Trustee. Any inquiries regarding this sale may be directed to Katherine E. Charonko, and Benjamin L. Bailey Trustee, Bailey & Glasser LLP, 209 Capitol Street, Charleston, WV 25301 Telephone: (304) 345-6555. Dated this 24th day of March, 2022 Katherine E. Charonko, Trustee Benjamin L. Bailey, Trustee LC-126500 03-26 4-02;2022