NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust dated September 15, 2020, made, executed, and granted by ROXBY DEVELOPMENT, LLC, a West Virginia limited liability company, to GERALD E. LOFSTEAD III, as Trustee for the benefit of ANCIENT AND ACCEPTED SCOTTISH RITE BODIES OF FREEMASONRY OF THE CITY OF WHEELING (the “Secured Party”), and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 1611, at Page 208 (the “Deed of Trust”), default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, the undersigned Trustee will sell the following described real estate commonly known as the Scottish Rite Cathedral which is purported to have an address of 83 Fourteenth Street, Wheeling, West Virginia 26003 (the “Property”), at public auction to the highest bidder on
WEDNESDAY, JUNE 21, 2023 AT 11:00 A.M.
at the Ohio County Courthouse located at 1500 Chapline Street, Wheeling, West Virginia 26003:
PARCEL ONE
SQ 22 W 1/2 2 ALL 1
(Tax Map: W51/298)
A certain parcel of land situated at the northeast corner of Byron and Fourteenth Streets in the City of Wheeling, County of Ohio, State of West Virginia, fronting ninety feet, more or less, on the north side of Fourteenth Street and extending back with a uniform width of one hundred and twenty feet, more or less, to Alley No. 10, being lot numbered one and the west one-half of lot number two, in square numbered twenty-two, as shown on the plat of the Bell Air Addition to the City of Wheeling, to which plat reference is hereby made for further description of said property.
PARCEL TWO
BELLAIR SQ 22 E 1/2 2
(Tax Map: W51/297)
A certain parcel of land consisting of the east one-half of lot number two (2) in square numbered twenty-two (22) in the Bellair addition to the City of Wheeling, which one-half lot is situated on the North side of Fourteenth Street, in the said city, between
Byron and Jacob Streets, and which fronts Thirty (30) Feet, more or less, on Fourteenth Street and runs back One Hundred Twenty (120) feet, more or less, an even width for the entire length of said lot to an Alley in the rear thereof as said Alley is now open and used.
Being the same property conveyed to Roxby Development, LLC, a West Virginia limited liability company, by deed dated September 15, 2020, and of record in office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 988, at page 538.
The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property, and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. § 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property, for which the purchaser will be responsible. The Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
TERMS OF SALE:
1. Cash in hand on the day of sale. The successful bidder shall tender a NON-REFUNDABLE deposit equal to ten percent (10%) of the successful bid amount to the Trustee by certified or cashier’s check or electronic fund transfer payable to the Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the successful bid amount must be paid to the Trustee by certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the date of sale. Time is of the essence.
2. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property, the successful bid amount, and the purchaser’s agreement to comply fully with its terms. Time is of the essence.
3. If the purchaser fails to deliver the successful bid amount within the prescribed time, at the Trustee’s sole discretion, the Trustee may either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property pursuant to the aforesaid Deed of Trust. In the event of such a default the
defaulting purchaser shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
4. The Secured Party reserves the right to bid on the Property at the sale, which bid may be in the form of a credit bid.
5. The Property may be sold either as a whole or in parcels in the Trustee’s sole discretion.
6. The Trustee reserves the right to accept or reject any bids.
7. The Property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
8. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code Section 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at the time of settlement.
10. The Property is sold in “AS IS” condition. The Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the Property, fitness of the Property for any particular purpose, or the title to the Property to be conveyed. Prospective purchasers must perform such independent investigations with respect to the Property as they deem necessary prior to bidding on the Property.
11. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property.
12. The Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code Section 38-1-6 upon receipt of the successful bid amount in good and available funds.
13. If the Trustee fails, refuses or for any reason is unable to convey title to the Property, the sole remedy of the purchaser is the return of any deposit actually paid by the purchaser to the Trustee. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by a party in interest, the Trustee, in his sole discretion, may declare the sale to be void and return the deposit. The purchaser shall have no further remedy.
14. The Trustee shall be under no duty to cause any existing tenant or person occupying the Property to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code Section 38-1-16.
15. The Trustee shall be under no duty to cause any items of personal property remaining at the Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code Section 38-1-17, to the extent such statute applies.
16. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described herein.
17. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale of the Property, including, but not limited to, these Terms of Sale.
Given under my hand this 19th day of May 2023.
/s/ Gerald E. Lofstead III
GERALD E. LOFSTEAD III
Trustee
Spilman Thomas & Battle, PLLC
P. O. Box 831
Wheeling, West Virginia 26003
(304) 230-6950
Int. May 31, Jun 7, 2023