Legal Notices

NOTICE OF TRUSTEES’ SALE Notice is hereby given by the undersigned Successor Trustees, in accordance with the provisions of that certain Real Estate Deed of Trust, dated August 7, 2015, made by Jeffrey L. Tucker, and Mark H. Wright or Bradford Ritchie, as Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4119, at page 739 (the “Deed of Trust”), to secure indebtedness described therein payable to Summit Community Bank, in the amount of $1,085,535.80, as evidenced by that certain Note dated August 7, 2015, to the order of Summit Community Bank (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Kanawha County, West Virginia, more particularly described herein; WHEREAS, Summit Community Bank, is the owner and holder of the Note and Deed of Trust. Pursuant to authority granted in the Deed of Trust, Summit Community Bank appointed Charles B. Dollison and Zachary J. Rosencrance, each a resident of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated May 4, 2022, of record in the aforesaid Clerk’s office in Substitution of Trustee Book 4856, at page 341. Summit Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustees that Jeffrey L. Tucker is in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustees 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 Trustees will offer for sale at public auction on the 4th day of August, 2022, at 12:00 p.m., prevailing Eastern time, at the front door of the Kanawha County Courthouse, 409 Virginia Street E., Charleston, 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 Charleston South Annex Tax District, City of Charleston, Kanawha County, West Virginia, and more particularly described as follows (hereinafter, the “Real Property”): All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Charleston South Annex Tax District, formerly Loudon Tax District, City of Charleston, Kanawha County, West Virginia, and being more particularly described as follows: BEGINNING at a three inch pipe post set in concrete, found in the northeasterly corner of that certain 3.46 acre tract of land conveyed to the Board of Education of Kanawha County in Deed Book 357, at page 489, said point being further located 100.70 feet south of a 31/3 inch iron pipe found disturbed in a line of the Knight’s Inn property; thence following a curve to the right, the chord of which bears S. 9DEGREES 00 30 W. (incorrectly previously called S. 90DEGREES 30 W.) 200 feet to a point on the concrete by a fence post, said point also being a corner to property owned by Margaret A. Christy and currently leased to K-Mart; thence leaving the westerly line of MacCorkle Avenue, S.E. and following the line of said K-Mart property S. 86DEGREES 10 W. 240.00 feet to a number 5 rebar set in said line; thence N. 3DEGREES 50 W. leaving said K-Mart property and running through said Board of Education property 194.99 feet to a number 5 rebar set in the line of the aforementioned Knight’s Inn property; thence following said Knight’s Inn property N. 86DEGREES 10 E. 284.45 feet to the place of beginning; containing in all 51,370.33 square feet, all as shown more fully on a map or plat thereof entitled “A Plat showing a parcel of land in the City of Charleston, Kanawha County, West Virginia 1992”, as surveyed and mapped by William R. Gunnoe, West Virginia Registered Professional Surveyor #801 of Clendenin, West Virginia, a copy of which map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2309, at page 891. SUBJECT TO a 25-foot perpetual easement for ingress and egress across that portion of the property herein conveyed as shown upon the map aforesaid and identified as “25′ RIGHT-OF-WAY RESERVED”. And being the same property conveyed by Jeffrey Tucker to 6515 MacCorkle, LLC, a West Virginia limited liability company, by Deed dated January 12, 2017, and of record in the aforesaid Clerk’s office in Deed Book 2962, page 787. 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 Trustees, in their 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 Real 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 Real 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 deeds 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 Real 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 Trustees shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustees will deliver a trustees’ 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 Trustees make no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustees are unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. The undersigned Successor Trustees expressly reserve 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. 8. The beneficiary of the Deeds 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. 9. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 10. The Trustee’s sale is subject to post-sale confirmation that the Grantor under the Deed of Trust has not filed for bankruptcy protection before the conclusion of bidding, in which case the Trustee’s sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of its earnest money deposit without interest. 11. The Trustees’ sale shall be open to online bidders. 12. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Charles B. Dollison or Zachary J. Rosencrance, Successor Trustees, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: June 28, 2022. Charles B. Dollison Charles B. Dollison, Successor Trustee Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee