NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Substitute Trustees, in accordance with the provisions of that certain Deed of Trust made by Robert A. Martin and Lesley S. Martin, as Grantor, to Douglas B. Ernest, as Trustee, dated September 30, 2016 and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia (the “Clerk’s Office”) in Trust Deed Book 5063 at Page 5277 (the “Deed of Trust”). United Bank, a Virginia banking institution, successor by merger to United Bank, Inc. (“Lender”), the owner and holder of the note and obligations secured by the Deed of Trust, appointed Kristin A. Boggs and Maggie B. Burrus of the law firm of Bailey & Glasser LLP to serve as Substitute Trustees under the Deed of Trust pursuant to that certain Notice of Appointment of Substitute Trustees dated May 17, 2019 and recorded in the Clerk’s Office in Trust Deed Book 5069 at Page 6286. Grantor defaulted under the terms of the Deed of Trust and the undersigned Substitute Trustees will sell at public auction on Monday, July 1, 2019 at 12:00 p.m. Noon at the front door of the Raleigh County Courthouse located at 215 Main Street, Beckley, West Virginia 25801 certain real property located in Raleigh County, West Virginia, being more particularly described as follows:
A condominium apartment unit situate in a Multi-Unit Area consisting of 5.012 acres in Phase One of Glade Springs in Shady Spring District of Raleigh County, West Virginia, as said Multi-Unit Area is shown on a map entitled “Glade Springs Land Company, Daniels, West Virginia, Map for Phase One of Development,” made by James E. Cook, R.P.E., dated July 3, 1972, revised November 1, 1973, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 12, at page 98, which said condominium apartment unit is more particularly described as follows:
All of Apartment Unit No. 26 of the Hilltop Villas Condominium as the same is shown on a Declaration Plan entitled “Declaration Plan for Hilltop Villas Condominium Multi-Unit Area consisting of 5.012 Acres, Glade Springs Shady Spring District, Raleigh County, West Virginia,” made by James E. Cook, dated November 15, 1973, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 12, at page 99, (hereinafter called “Declaration Plan”).
Together with a 1/16 undivided interest as tenant in common in and to the common elements which are assigned to the said Apartment No. 26 and described in Declaration Establishing a Plan for Condominium Ownership of a Multi-Unit Area consisting of 5.012 acres in Glade Springs, in Shady Spring District of Raleigh County, West Virginia, pursuant to Chapter 36A of the Code of West Virginia of 1931, as amended (also known as the Unit Property Act), which said Declaration is dated February 14, 1974, and is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 537, at page 651, as amended by instrument dated December 29, 1975, and of record in said Clerk’s Office in Deed Book 575, at page 559, and which is hereinafter called “Declaration”.
Together with the following appurtenant easements:
(A) Non-exclusive easements for encroachment on the common area or upon the other apartment units, for the portion of the building constituting the apartment unit herein conveyed, resulting from settling or any cause, other than the willful acts of Robert A. Martin and Lesley S. Martin, their heirs or assigns.
And being the same property conveyed to Robert A. Martin and Lesley S. Martin, by Edward W. Rugeley, Jr. and Virginia H. Rugeley, by deed dated August 9, 2012, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5048, at Page 2882.
TERMS OF SALE
Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Substitute Trustee, by auction to the highest bidder. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable.
2. Any statutory lien or liens that may affect the property.
3. All covenants, conditions, restrictions, reservations, easement, rights-of-way and other matters of record in the chain of title to the property, or which may be visible form a physical inspection.
4. The above property 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.
5. The rights of parties in possession of such property, if any.
6. The undersigned Substitute Trustees shall have the right to postpone, continue, and/or adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and/or the posting of notice at the courthouse prior thereto. Such postponement, continuation or 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 beneficial owner’s right to conduct said sale.
7. The undersigned Substitute Trustees expressly reserve the right to reject any and all bids.
8. The undersigned Substitute Trustees shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustees shall determine, and in such order as the Substitute Trustees shall determine.
9. The successful purchaser(s), if any, as to and in relation to each respective lot, parcel and/or tract in the event the same shall be sold separately and independently, shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Substitute Trustees immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property.
10. The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Substitute Trustees. Any inquiries regarding this sale may be directed to Kristin A. Boggs and Maggie B. Burrus, Substitute Trustees, Bailey & Glasser, LLP, 209 Capitol Street, Charleston, WV 25301, Telephone: (304) 345-6555.
Dated this 5th day of June, 2019.
Kristin A. Boggs
Substitute Trustee
Maggie B. Burrus
Substitute Trustee
6-24-MON-2-RH; LG 261675
ID: 261675