Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust A Credit Line Deed of Trust, dated December 9, 2016, made by DLM Internal Medicine, Inc., as Grantor, and Gary R. Mills, as Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2643, at page 641, to secure indebtedness described therein payable to First Community Bank in the amount of $405,000.00 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Cabell County, West Virginia, more particularly described herein. Pursuant to authority granted in the Deed of Trust, First Community Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee, dated April 6, 2022, of record in the aforesaid Clerk’s office in Substitution of Trustee Book 411, at page 70. First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that DLM Internal Medicine, Inc. is in default under the terms of the Note and under the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 1st day of June, 2022, at 11:00 a.m., prevailing Eastern time, at the front door of the Cabell County Courthouse, 750 5th Avenue, Huntington, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in Cabell County, West Virginia, and more particularly designated and described as follows (hereinafter, the “Real Property”): PROPERTY DESCRIPTION A portion of Building #3 of the development known as East Hills Professional Center along US Route 60 in the Guyandotte Magisterial District of Cabell County, West Virginia. Said unit being all of what is shown and described as Suite 2, having a lower vertical boundary of 618.75′ above mean sea level and an upper boundary of 639.91′ above mean sea level, said horizontal boundaries being the interior face of the finished wall or the face of the wall studding and being more particularly described as follows: From THE POINT OF BEGINNING having a northing of 516622.0495 and an easting of 1583977.8111 in the project coordinate system and being the southwestern corner of the said unit; Thence, N 13DEGREES 11′ 25′ sic W for a distance of 35.87 feet to a point on a line. Thence, N 76DEGREES 52′ 52″ E for a distance of 67.28 feet to a point on a line. Thence, S 13DEGREES 12′ 50″ E for a distance of 42.44 feet to a point on a line. Thence, S 77DEGREES 04′ 14″ W for a distance of 9.64 feet to a point on a line. Thence, S 13DEGREES 53′ 30″ E for a distance of 3.00 feet to a point on a line. Thence, S 76DEGREES 58′ 34″ W for a distance of 48.14 feet to a point on a line. Thence, N 13DEGREES 05′ 16″ W for a distance of 3.87 feet to a point on a line. Thence N 58DEGREES 20′ 40″ W for a distance of 8.00 feet to a point on a line. Thence S 76 25′ 35″ W a distance of 3.89 feet to the POINT OF BEGINNING. Containing 2,949.86 square feet more or less and being shown on the maps of East Hills Professional Center recorded in Map Book 13, pages 142, 147, 162 and 167, and Map Book 14, pages 2, 6, 10, 29, 44 and 76. And being the same property conveyed by Special Warranty Deed dated December 6, 2016, recorded December 13, 2016, of record in Deed Book 1359, page 520, from East Hills Development, LLC, a West Virginia limited liability company, to DLM Internal Medicine, Inc. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold 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. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such 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 right to make the sale contemplated by this Notice. 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 successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100. DATED: May 5, 2022. Zachary J. Rosencrance, Successor Trustee