NOTICE OF
TRUSTEES’ SALE
Notice is hereby given that, default having occurred in the payment of certain indebtedness secured by a Deed of Trust dated February 21, 2008, and made by MAJOR SAVINGS, INC., in favor of THE CITIZENS BANK, a Division of The Citizens Savings Bank, to secure the payment of a note of the same date in the amount of Two Hundred Thousand Dollars and 00/00 ($200,000.00), of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1346, at Page 613, as amended and restated from time to time (“Deed of Trust”), which Deed of Trust authorizes the beneficial owner to remove, substitute, or add a Trustee(s), at its option, and the beneficial owner having exercised its option and substituted Jacob A. Manning, as its Substitute Trustee, by a Notice of Substitution of Trustee, recorded in the aforesaid Clerk’s office in Trust Deed Book 1520, at Page 258, to act in the enforcement of the Deed of Trust, and the undersigned Substitute Trustee having been requested by the beneficial owner of said indebtedness to enforce the Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate on: THURSDAY, JULY 28, 2016, AT 11:30 A.M., AT THE PROPERTY LOCATION, 269 BETHANY PIKE, WHEELING, WEST VIRGINIA.
LEGAL DESCRIPTION
The following lots or parcels of ground located in Richland-Wheeling District, Ohio County, West Virginia, more particularly described as follows:
Lots Numbered 308, 309, 310 and 17 feet off the south side of Lot Numbered 311, as designated on the Plat of David M. Alexander’s Second Addition to the Town of Greggsville, which plat is recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 1, at page 86.
Being the same property which was heretofore conveyed to Major Savings, Inc., a West Virginia corporation, by Mark C. Busack, by a Deed dated the 30th day of November, 2004, and recorded in the aforesaid County Clerk’s office in Deed Book No. 756, at page 66.
TERMS OF SALE:
Sale will be made by public auction to the last and highest bidder upon the following terms. The Substitute Trustee, reserves the right to reject any bid that in his opinion is inadequate. At the conclusion of the sale, the successful bidder will be required to tender a deposit of ten (10) percent of the sale price by certified check or cashier’s check at sale, the balance in cash or by certified check due and payable by the end of the day of sale, by mailing or delivering the same to Jacob A. Manning, Substitute Trustee, at Dinsmore & Shohl LLP, Bennett Square, 2100 Market Street, Wheeling, West Virginia 26003. If the purchaser fails to deliver the total purchase price within the prescribed time, the deposit shall be deemed forfeited and the Substitute Trustee may proceed to resell the property pursuant to the Deed of Trust or, at the discretion of the Substitute Trustee, convey the property to the next highest bidder if such bidder will honor his bid.
Conveyance will be by Trustee’s Deed in the form prescribed by the Deed of Trust and without any covenants or warranty, and subject to all easements, covenants, agreements, rights-ofway, conditions and restrictions of record. The property is sold in “as is” condition. The beneficial owner of the Deed of Trust does not make any representations or warranties as to the physical condition of the property. Any and all legal procedural requirements to obtain physical possession of the premises after the sale are the responsibility of the purchaser. Risk of loss or damage will be purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title or recording charges are at the expense of the purchaser. Substitute Trustee makes no representations regarding the state of title. If the Substitute Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is a return of the deposit. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the property as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
The Substitute Trustee reserves the right to continue the sale of the subject property from time-to-time by oral proclamation or by posting a notice of the same where legal notices are posted for this county, which continuation shall be in the sole discretion of the Substitute Trustee. Should the Substitute Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Substitute Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Substitute Trustee. Lender or Lender’s designee may purchase the property at the sale. Please direct any inquiries or objections to the sale to the Substitute Trustee in writing at the following address: Substitute Trustee, Jacob A Manning, Bennett Square, 2100 Market Street, Wheeling, WV 26003, (304) 230-1700.
Dated: June 28, 2016.
Jacob A. Manning
Substitute Trustee
Int. July 1, 8, 2016
235503