Legal Notices

NOTICE OF SUBSTITUTE TRUSTEE’S SALE Pursuant to the authority vested in the undersigned, STEPHEN J. GOLDER, ESQUIRE (“Substitute Trustee”), by NOTICE OF SUBSTITUTION OF TRUSTEE, which Notice is of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia (the “Clerk’s Office”), in Book No. 306, at Page No. 561, and by a DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING executed and dated August 4, 2014, but effective August 15, 2014, executed by RITE WEST PARTNERS LLC, a Delaware limited liability company (“Borrower”), to CAMDEN P. SIEGRIST, ESQUIRE, Trustee, to secure the payment of Five Million Five Hundred Fifty-Four Thousand Eight Hundred Seventy-Five Dollars and No/100 ($5,554,875.00) to BASIS REAL ESTATE CAPITAL II, LLC, a Delaware limited liability company, of record in the Clerk’s Office, in Trust Deed Book No. 247, at Page No. 240, as assigned to WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WFRBS COMMERCIAL MORTGAGE TRUST 2014-C22, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-C22 (“Beneficiary”), by ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING executed and dated September 29, 2014 and of record in the Clerk’s Office in Assignment Book No. 23, at Page No. 205 (the “Deed of Trust”), and by a UCC FIXTURE FILING naming Borrower as Debtor recorded in the Clerk’s Office on August 21, 2014 as Instrument No. 2014005149 in Book No. 23178, at Page No. 1, assigned to Beneficiary by UCC FINANCING STATEMENT AMENDMENT recorded in the Clerk’s Office on May 22, 2015 as Instrument No. 2015003090 in Book No. 23182, at Page No. 1, continued by that CONTINUATION recorded in the Clerk’s Office on March 21, 2019 as Instrument No. 201900001138 in Book No. 272, at Page No. 212, and further continued by that CONTINUATION recorded in the Clerk’s Office on May 7, 2024 as Instrument No. 202400001062 in Book No. 299, at Page No. 737 (the “Fixture Filing”), the undersigned Substitute Trustee has been requested, in writing, by Beneficiary of the Deed of Trust and the Fixture Filing to sell the real estate and personal property described below, as there has been a default under the terms and conditions of the Deed of Trust, the Fixture Filing and the Promissory Note secured thereby. Therefore, the undersigned Substitute Trustee will sell the real estate (the “Land”) and the personal property described in the Deed of Trust, at a public auction, on WEDNESDAY, MARCH 25, 2026 AT 11:00 A.M., EASTERN STANDARD TIME, to the highest bidder at the front door of the courthouse of Lincoln County, West Virginia, 8000 Court Avenue, Hamlin, West Virginia 25523, which real estate and personal property is more completely described as follows: 1389 McClellan Highway 10 West Hamlin, Lincoln County, West Virginia All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate and being on the Waters of the Guyandotte River in Sheridan District, Lincoln County, West Virginia, bounded and described as follows: BEGINNING at a point on the Right of Way of State Route 10 approximately 5′ Northeast of a gas meter thence N. 27 19′ 49″ E. with said right of way 467.82′; thence S. 62 20′ 06″ E., 548.31′ to a concrete monument on the bank of the Guyandotte River; thence continuing on the same course of S. 62 20′ 06″ E., a distance of 70.00 feet to the Guyandotte River; thence running up said river S. 20 49′ 45″ W., a distance of 535.35 feet to a point; thence leaving said Guyandotte River and running N. 60 15′ 27″ W., a distance of 70.00 feet to a 3/4 inch steel pin in an unnamed “Branch” on the bank of the Guyandotte River; thence with Branch N. 60 15′ 27″ W., 156.44′, N. 29 34′ 27″ W., 82.75′, N. 16 33′ 08″ E., 42.57′ to an iron pin; thence N. 67 03′ 44″ W., 376.09′ to the beginning, containing 6.30 acres, more or less, between Route 10 and the top of the river bank and 0.86 acres between the top of the river bank and the river, as shown and designated on a map entitled “Plat of Survey Of Nona Covey Shelton Tract No. 1 dated June 1, 1989, prepared by Randall G. Biller, PE# 6036, a copy of which is of record in the office of the Clerk of the County Commission of Lincoln County, West Virginia, in Map Book 4, page 92. EXCEPTING and RESERVING the following property conveyed to Scott Hutchison Enterprises by deed dated September 25, 2000 and recorded in Deed Book 293, page 691: All of that certain tract or parcel of land, together with the appurtenances thereunto belonging, situate and being on the Waters of the Guyandotte River in Sherian District, Lincoln County, West Virginia, bounded and described as follows: BEGINNING at a point on the Right of Way of State Route 10 approximately 5 feet Northeast of a gas meter thence N. 27 19′ 49″ E. with said right of way 278.49 feet to the Northwest corner of a parcel of land containing 1.16 acres described in that certain lease agreement dated June 6, 1996, between Kanco Investment Corporation and Rite Aid of West Virginia, Inc., a memorandum of which is recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Lease Book 48, page 60; thence S. 62 40′ 09″ E., a distance of 267.79 feet; thence N. 27 19′ 49″ E., a distance of 187.77 feet, thence S. 62 20′ 06″ E., 280.52 feet to a concrete monument on the bank of the Guyandotte River; thence continuing on the same course of S. 62 20′ 06″ E., a distance of 70.00 feet to the Guyandotte River; thence running up said river S. 20 49′ 45″ W., a distance of 535.35 feet to a point; thence leaving said Guyandotte River and running N. 60 15′ 27” W., a distance of 70.00 feet to a 3/4 inch steel pin in an unnamed “Branch” on the bank of the Guyandotte River; thence with Branch N. 60 15′ 27″ W., 156.44 feet, N. 29 34′ 27″ W., 82.75 feet, N. 16 33′ 08″ E., 42.57 feet to an iron pin; thence N. 67 03′ 44″ W., 376.09 feet to the beginning. Together with the beneficial rights and easements contained in the Declaration of Easement and Restrictive Covenant, recorded in Book 26, Page 518, Office of the Clerk of the County Commission of Lincoln County, West Virginia. Together with the following: (a) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”); (b) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements, and the reversions and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements, and every part and parcel thereof, with the appurtenances thereto; (c) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and the right, title, and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), and all proceeds and products of the above; (d) Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Leases”) and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Borrower and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; (e) Insurance Proceeds. Subject to the terms and conditions of the Leases, all insurance proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property (collectively, the “Insurance Proceeds”); (f) Condemnation Awards. Subject to the terms and conditions of the Leases, all condemnation awards, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of any taking or condemnation, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property (collectively, the “Awards”); (g) Tax Certiorari. Subject to the terms and conditions of the Leases, all refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; (h) Rights. The right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property; (i) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto; respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder; (j) Intangibles. Subject to the rights of Tenants under the Leases, all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; (k) Accounts. All reserves, escrows and deposit accounts maintained by Borrower with respect to the Property, including, without limitation, the Accounts and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; (l) Proceeds. All proceeds of any of the foregoing items set forth in subsections (a) through (k), including, without limitation, Insurance Proceeds and Awards, into cash or liquidation claims; and (m) Other Rights. Any and all other rights of Borrower in and to the items set forth in subsections (a) through (l) above. TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. Sale of the property shall be made subject to all matters having priority over the Deed of Trust and Fixture Filing referred to herein including, but not limited to, any and all assessments and taxes against said property, all prior liens, rights of redemption, deeds, encumbrances, leases, restrictions, reservations, covenants, conveyances, conditions, rights-of-way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-1, et seq., and any additional recording costs. 4. The subject property will be sold in an “AS IS” physical condition by deed containing no covenants or warranties, express or implied. Substitute Trustee makes no representations or warranties of any kind or character, including, but not limited to, the condition of the real estate and personal property or the title to the real estate or personal property to be conveyed and transferred. 5. Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property or to remove any personal property from the subject property. 6. 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. 7. Beneficiary, or servicer, of the Deed of the Trust and holder of the Promissory 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. 8. Substitute Trustee reserves the right to reject any and all bids. 9. Such other terms as may be announced at the time of the sale. Given under my hand this 24th day of February, 2026. STEPHEN J. GOLDER, ESQUIRE Substitute Trustee (304) 523-2100 LH-424610 03-04,11;2026